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City Council Meeting Minutes

June 2, 2009

CALL TO ORDER: City Council convened in a General Committee meeting on Tuesday, June 2, 2009 at 6:30 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to receive general public comment, with the following Council members present: Genevieve Ray, Cameron Texter, Toni Smith, Carol Hill-Evans, Vice President, and Joseph R. Musso, President, with President Musso presiding. Mayor John Brenner was not present.

GENERAL PUBLIC COMMENT

Steve Young, 9 N. Newberry St., York, PA discussed that hookers and drug addicts still active on Newberry St. and stated this issues needs to be dealt with immediately.

Christopher Buckingham, 564 Atlantic Ave., York, PA said he is opposed to Bill No. 58 of Session 2008 (View), a Bill establishing criteria for failure to report lost or stolen firearms. He feels this law is unconstitutional. He said the York Sunday News reported 12 letters received opposing the legislation with only one letter in favor of it.

Ken Lemkeld, Dover, PA, is also opposed to Bill No. 58 and stated that this legislation violates existing gun laws.

Manuel Gomez, 357 W. Philadelphia St., York, PA, also spoke in opposition of Bill No. 58.

Jason Epperson, 445 Hillcrest Rd., York, PA, asked Council to deal with Bill No. 58 and either vote for it or against it.

There being no further public comment, President Musso adjourned the General Committee meeting and reconvened in Legislative Session at 7:00 p.m., in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, with the following members present: Genevieve Ray, Cameron Texter, Toni Smith, Carol Hill-Evans, Vice President, and Joseph R. Musso, President, with President Musso presiding. Mayor John Brenner was not present.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, Dan Robinson, Director of Community Development, Michael O’Rourke, Business Administrator, and Captain Wes Kahley, Police Department. Also present was Assistant Solicitor Don Hoyt. Kevin Schreiber, Director of Economic Development, Mark Whitman, Police Commissioner, and John Senft, Fire Chief, were absent.

Members of York City Council staff in attendance included: Dianna L. Thompson, City Clerk.

Pledge of Allegiance: Led by Tony Artis, the Pledge of Allegiance was recited.

Approval of Minutes: A motion was made by Texter, seconded by Smith, to dispense with the reading of the Minutes of May 20, 2009, and approve them as written. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Correspondence and Announcements: President Musso read correspondence and announcements.

PRESENTATIONS

President Musso announced that Resolution No. 70 will be introduced and read as a presentation in honor of the efforts of our men and women serving in the armed forces.

Resolution No. 70, Session 2009, (View) A Resolution in support of the “Honor and Remember” Flag as an official symbol to recognize and honor members of the Armed Forces who have died in the line of duty, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 70 came up for discussion.

Cher Kondor, Gold Star Mothers, thanked Council for introducing this Resolution. Gold Star Mothers is an organization of mothers who have lost a son or daughter in the service of our country. She said her son, Martin, died in Iraq in 2004 and she's happy to see our soldiers get the recognition they deserve. She then introduced George Lutz, designer of the Honor and Remember Flag, as well as other members of Gold Star Mothers. Ms. Kondor said she is thankful that the city has given them a place in Memorial Park for construction of the Gold Star Peace Garden and to show her appreciation, she presented Council with an Honor & Remember Flag. She said Gold Star Mothers is working with Congress to recognize this flag - not to replace the U.S. Flag - but to recognize the Honor and Remember Flag as a symbol to honor members of the Armed Forces who have died in the line of duty.

George Lutz, Designer of the Honor and Remember Flag, outlined the following mission and goals of the Honor and Remember Flag:

Mission: To create, establish and promote a nationally recognized flag that would fly continuously as a visible reminder to all Americans of the lives lost in defense of our national freedoms. All Military lives lost not only in action but also in service, from our nation's inception.

Rationale: In our over 200 year history there has never been an official national symbol that recognizes in gratitude and respect the ultimate sacrifice made by members of the United States military in service to our nation. The Honor and Remember Flag was created for that purpose.

Goals:

1. To promote the vision of the Honor and Remember Flag and request that visitors to the website sign a petition and pass the word about the importance of this new symbol.

2. To build a consensus among the branches of the United States military, veterans organizations, service and civic groups, businesses and individuals in order to collectively solicit the Department of Defense and the United States Congress to propose and accept the Honor and Remember Flag as the official flag for honoring all fallen servicemen and servicewomen.

3. To promote broad national awareness of and groundswell interest in the flag, so that military, government and educational facilities as well as households throughout the country would begin flying the Honor and Remember Flag in recognition of our nation's fallen warriors.

4. To place one personalized Honor and Remember Flag in the hands of immediate families who have lost a loved one in military service to America.

Source: http://www.honorandremember.org/index.php

Mr. Lutz then detailed each segment of the flag. He said legislation has been introduced in the House of Representatives (HR1034) to nationally recognize our fallen soldiers. For more information on the Honor and Remember initiative, please visit: http://www.honorandremember.org/index.php.

Councilman Texter said he is happy to support this Resolution and efforts to recognize members who currently serve, have served, and who have lost their lives serving in the armed forces.

Councilwoman Smith stated that she was honored to introduce this legislation and that she is extremely proud of the men and women who have fought for our country.

There being no further discussion, Resolution No. 70 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0; Abstained – Ray – 1.

(Note: An abstention may be used to indicate the voting individual's ambivalence about the measure, or mild disapproval that does not rise to the level of active opposition. Abstention can also be used when someone has a certain position about an issue. A person may also abstain when they do not feel adequately informed about the issue at hand, or has not participated in relevant discussion. Though Councilwoman did not go on record outlining her reason for abstaining her vote, she did relay that her reason for abstention fell within this criteria.)

Councilwoman Smith then presented a ceremonial copy of Resolution No. 70 to Ms. Cher Kondor.

COMMITTEE MEETINGS SCHEDULED: None

COMMITTEE REPORTS

Community Development Committee, Councilwoman Genevieve Ray, Chair: Councilwoman Ray reported that the C.D. Committee met on Tuesday, May 26, 2009 at 7:00 p.m. in Council Chambers to discuss Resolution No. 68 (View), a Resolution authorizing substantial amendments to the 2008 Annual Action Plan for compliance and acceptance of $453,416.00 in Community Development Block Grant program funding under the American Recovery and Reinvestment Act of 2009. Councilwoman Ray reported that during the meeting, Community Development staff reported that the city plans to allocate approximately $288,000 toward owner-occupied rehabilitation programs, $40,000 toward the acquisition of dilapidated or vacant structures, $40,000 toward demolition of blighted properties, and $40,000 for building stabilization needed in preparation for rehabilitation or demolition. Another $45,000 would go toward administrative costs. According to plans, these activities are estimated to create about 11 temporary jobs. After a lengthy discussion, the committee released Resolution No. 68 for consideration of final passage, which will appear later in tonight's agenda.

Police Committee, Councilman Cameron Texter, Chair: Councilwoman Smith asked for a Police Committee meeting to discuss Bill No. 58 of Session 2008 (View), a Bill establishing criteria for failure to report lost or stolen firearms. She stated that citizens are interested in this legislation and want to hear more about it. She said she hopes to place the legislation on Council's September 15th agenda for consideration of final passage. Councilwoman Ray said she wants to hear comments from city residents because so far we've heard comments mostly from people who live outside of the city. After discussion, Council scheduled a Police Committee meeting for Tuesday, September 8, 2009 at 7:00 p.m. in Council Chambers to discuss Bill No. 58.

SUPPLEMENTAL AGENDA

A motion was made by Texter, seconded by Smith, to waive the provisions of Resolution No. 215 of Session 1969 to permit consideration of a supplemental agenda containing two items. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Consent Agenda: A motion was made by Texter, seconded by Smith, to introduced Bill No. 20 and Resolution No. 71 as a consent agenda. The motion passed unanimously 5-0. Therefore, the following legislation was introduced:

Introduction of Bill No. 20, Session 2009, (View) A Bill amending the 2009 Budget by appropriating revenue and expenditures for the York City Police Department in the amount of $35.93 to be used toward the purchase of a police vehicle totaling $14,992.00, was introduced by Texter, read by short title, and deferred until the July 21, 2009 meeting of Council.

Resolution No. 71, Session 2009, (View) A Resolution authorizing the purchase of a police vehicle to be used by the Police Department in the amount of $14,992.00 from Stetler Dodge Chrysler Jeep, 1405 Roosevelt Ave., York, PA, was introduced by Texter, read at length, and on motion of Texter, seconded by Hill-Evans, Resolution No. 71 came up for discussion.

Captain Wes Kahley outlined that both pieces of legislation are steps needed to allow purchase of a vehicle for the Chaplain Corp. He said the Chaplains do a lot of work for the city in notifying grieving families of victims, transporting injured officers, etc. Capt. Kahley stated that the Chaplains are volunteers who are available 24 hours a day, 7 days a week. He said bids were received with Stetler Dodge being the lowest bid. Additionally, Stetler Dodge offered a lifetime warranty on the vehicle.

Captain Kahley answered questions from Council regarding other services provided by the Chaplains Corp., as well as budgetary questions related to this purchase.

There being no further discussion, Resolution No. 71 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

SUBDIVISION / LAND DEVELOPMENT / HARB

Final Passage of Bill No. 15, Ordinance No. 19, Session 2009, (View) A Bill vacating Kyle Alley between Kurtz Ave. and Dalton Alley in the 8th Ward of the City, which was introduced by Ray at the May 5, 2009 meeting of Council, and read by short title, came up for final passage. On motion of Ray, seconded by Hill-Evans, Bill No. 15 came up for discussion.

President Musso said this item is being considered before the subdivision plan as both relate to the McKinley School project and that this legislation and the subdivision (Resolution No. 72) merely cleans up some parcels of land related to the project. He further explained that in accordance with Article 2916 of the 3rd Class City Code, street vacations must be advertised for 3 consecutive weeks prior to consideration of final passage. As that requirement has been met, this legislation is now up for consideration.

There being no further discussion, Bill No. 15, Ordinance No. 19, Session 2009, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 72, Session 2009, (View) A Resolution approving a reverse subdivision plan submitted by the York City School District to combine several tracts of land at McKinley Elementary School, 600 Manor St., York, PA, was introduced by Texter, read at length, and on motion of Texter, seconded by Smith, Resolution No. 72 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Consent Agenda: A motion was made by Texter, seconded by Ray, to introduced Resolutions No.'s 73 & 74 as a consent agenda. The motion passed unanimously 5-0. Therefore, said Resolutions were introduced as follows:

Resolution No. 73, Session 2009, (View) A Resolution approving the reverse subdivision plan submitted by Queen Street Holdings, LLC. to combine two tracts of land at the former G.S. Gable Tobacco Warehouse, 261-265 N. Queen St., was introduced by Ray, and read at length.

Resolution No. 74, Session 2009, (View) A Resolution approving the land development plan submitted by Queen Street Holdings, LLC. to create 15 residential condos/apartment units at 261-265 N. Queen St., was introduced by Ray, and read at length.

On motion of Ray, seconded by Smith, Resolution No.'s 73 and 74 came up for discussion.

Andrew Stern, Contracted City Planner, explained that the subdivision plan is to combine two tacts of land at the former G.S. Gable Tabacco Warehouse located at 261-265 N. Queen St. The land development plan proposes to create 15 residential condominium/apartment units at the same location.

Councilman Texter asked if there were any unresolved contingencies or waivers existing that Council should be concerned with. Mr. Stern responded that there is no concern for Council and that city staff and fire department personnel will resolve and finalize those issues.

Ben Scheck, Developer, was onboard and explained the project. He said they look to sell the condos in the $130,000 - $149,000 range to target young professionals. Mr. Scheck stated that the project should take about eight (8) months to complete. He welcomed comments and/or questions about the project and said he could be reached at queenstreetholdings@yahoo.com.

There being no further discussion, Resolution No.'s 73 & 74 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith – 4; Nays – 0; Abstained – Musso – 1. President Musso announced that he abstained as he acted as a consultant to this project.

Resolution No. 75, Session 2009, (View) A Resolution approving a land development plan submitted by LOGOS Academy to develop 256 W. King St. into a new private school with accessory parking and recreational areas, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 75 came up for discussion.

Brad Peters, Site Design Concepts, and Tracey Foster, LOGOS Academy, were onboard to answer questions about the project. Logos Academy has been operating in the City since 1998 and currently uses space at the Asbury United Methodist Church and First Presbyterian Church. The school currently employs 29 full time employees and hopes to increase this number to 50 with their new facility. Logos Academy purchased this property in October 2006 and has been working to raise funds and develop plans for its new facility. Nearly all of the site will be demolished, except for a small historically significant section along W. King St. A new 42,000 square foot, 2-story building will be constructed, along with parking areas, street, public areas, and recreation areas. In addition to redeveloping the property, LOGOS proposes to work with the City and RDA to redevelop the areas along the Codorus Creek from W. King St. to W. Princess St. A new street, Dublin St., is proposed to be constructed between W. King St. and W. Princess St. to provide access to the school, as well as the recreational area. LOGOS Academy is a private school.

Public Works Director Jim Gross relayed that there are currently points of contention surrounding this project, which needs to be addressed in the Developers' Agreement, such as construction, use and maintenance of all common areas including the street, parking areas, and recreation areas. Mr. Peters said he's sure we can come to terms on these issue.

Discussion ensued on whether Council should refrain from voting until the Developers' Agreement is finalized.

Andrew Stern, Contracted City Planner, explained that the reason this appears on Council's agenda tonight is because the Municipal Planning Code (MPC) requires a 90-day period to act on this so Council must either approve or deny this plan tonight in order to comply with the MPC requirement. If Council denies, he said, then the developer will have another 90-days to prepare another plan and/or agreement. However, he did say that all conditions must be met before the plan can be recorded at the Recorder of Deeds Office, therefore, this would be a conditional approval.

Assistant Solicitor Don Hoyt said Council could place restrictions on the project stating that the Developers' Agreement must come back to Council for approval.

President Musso said he doesn't have a problem with the plan but stated he's concerned about financial implications in the Developers' Agreement. Since the RDA is co-developer, he said must ensure the interest of the City is protected.

Assistant Solicitor Hoyt stated that financial securities provisions are typically covered under the MPC, usually in the form of posting a bond, which will become relevant when the building is actually built.

A lengthy discussion ensued regarding the Developers' Agreement, financial securities, recreation improvements, Dublin St., and real estate obligations.

Members of Council agreed that there are many outstanding concerns surrounding the Developers' Agreement.

Steve Young 9 N. Newberry St., and Chris Buckingham, York, PA, expressed concerns about traffic flow on the proposed Dublin St. Mr. Young said there may be potential for traffic backups and that possibly a cul-de-sac at Princess St. could provide some relief. Mr. Young also recommended fencing the area as there are many homeless people who live and sleep under the bridge adjacent to the property.

Mr. Peters, Site Design Concepts, and Tracey Foster, LOGOS Academy, responded that a cul-de-sac could prohibit emergency vehicles, such as firetrucks, from turning around and would probably be a nightmare for large vehicles of this type. Ms. Foster stated that if traffic becomes an issue, they will address the issue for the safety and advantage of our students and parents.

Michael O'Rourke and Paul McGuire, city residents, spoke in favor of the project.

President Musso said he would like to see a traffic plan.

After hearing much discussion, Council decided to amend Resolution No. 75 to require that the Developers' Agreement come back to Council for approval.

Motion to amend. A motion was made by Musso, seconded by Texter, to amend Resolution No. 75 to include the following language in point #7, in the 5th “Whereas” clause:

7. Conditioned on the approval of Council of a developers' agreement to address outstanding issues such as construction, use and maintenance of all common areas including the street, parking areas, and recreation areas.

The motion to amend passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Therefore, Resolution No. 75 finally passed, as amended, by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 76, Session 2009, (View) A Resolution accepting the recommendations of HARB in denying an application for work to be done at 370 E. Market St., was introduced by Texter, read at length, and on motion of Texter, seconded by Hill-Evans, Resolution No. 76 came up for discussion.

Councilman Texter explained that the applicant proposed to use wooden, custom fit replacement windows (Pella Architect Series) and would install them within the existing jams. However, only five (5) third story windows would be replaced (4 in the facade and 1 in the exposed side elevation). HARB members felt the difference between the old windows and the new windows would be very obvious. Therefore, HARB denied the application because only a few of the facade windows would be replaced and the difference between the old and new windows would be extremely noticeable.

There being on further discussion, Resolution No. 76 denying said application was approved by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 77, Session 2009, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the applications filed by Tim & Becky Griffith for work to be done at 325 E. King St., and C.S. Davidson for work to be done at 42 N. Duke St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 77 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

CONSENT AGENDA: None

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 15, Ordinance No. 19, Session 2009, (View) – See Minutes above under “Subdivision / Land Development / HARB”.

Final Passage of Resolution No. 68, Session 2009, (View) A Resolution authorizing substantial amendments to the 2008 Annual Action Plan for compliance and acceptance of grant funding in the amount of $453,416.00 through the CDBG program under the American Recovery & Reinvestment Act of 2009, which was introduced by Ray at the May 20, 2009 meeting of Council and referred to the Community Development Committee (Meeting held on 5/26/09 at 7p.m. in Council Chambers), came up for final passage. On motion of Ray, seconded by Hill-Evans, Resolution No. 68 came up for discussion.

Councilwoman Ray reported that during the Committee meeting, Community Development staff reported that the city plans to allocate approximately $288,000 toward owner-occupied rehabilitation programs, $40,000 toward the acquisition of dilapidated or vacant structures, $40,000 toward demolition of blighted properties, and $40,000 for building stabilization needed in preparation for rehabilitation or demolition. Another $45,000 would go toward administrative costs. According to plans, these activities are estimated to create about 11 temporary jobs. After a lengthy discussion, the committee released Resolution No. 68 for consideration of final passage. As the RDA would be receiving an large amount of these funds, she said she would ask Economic Development Director Kevin Schreiber to provide Council with reports on program expenditures.

President Musso asked if there was a brick and mortar project pending that we could expend these funds on. Community Development Director Dan Robinson responded that under the CDBG program yes, however, under the CDBG-R program, there are other priorities we have pinpointed. He said these funds will address many complaints Council hears on a regular basis.

Discussion ensued on various brick and mortar (per se) projects currently underway.

President Musso said its frustrating that we are getting over $450,000 and nothing to show for it.

Councilwoman Ray said the City's architecture is one of our greatest assets and preserving these structures will have a big impact on the City.

Councilwoman Ray then questioned the energy efficiency claim found in part “III. Written Activity Descriptions”, Section C “Providing investment needed to increase economic efficiency...” She said it reads that the City requires that all material and equipment such as hot water heaters and furnaces be Energy Efficient and when affordable “Energy Star”. She questioned how we could place that requirement and restriction on recipients of this money. She asked that the language be amended.

Director Robinson said that language is included because we are following the guidelines required to get this money, which is why it appears in the substantial amendment report.

Steve Young, 9 N. Newberry St., York, PA, feels it is in our best interest to make this plan work. However, he said it is disheartening to hear that we are merely following guidelines to “get this money”. Mr. Young said we should be focused on creating jobs instead of providing loans to families who are already struggling. He said he objects to Council receiving this money because if we can't use it to stimulate the economy - why accept it.

Jason Epperson, 445 Hillcrest Rd., York, PA, commented on the energy efficiency comment made earlier by Councilwoman Ray. He stated that his children's school implemented many energy efficient measures that will prove cost effective now and in the future. He suggested offering contractors incentives for incorporating energy efficient products in their construction projects.

There being no further discussion, Resolution No. 68 finally passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 19, Ordinance No. 20, Session 2009, (View) A Bill amending Article 513 “Vehicle Operation and Parking” of the Codified Ordinances, Section 513.10 to include provisions and penalties for vehicles obstructing crosswalks, which was introduced by Texter at the May 20, 2009 meeting of Council, and read by short title, came up for final passage. On motion of Texter, seconded by Smith, Bill No. 19 came up for discussion.

Police Officer Nate McBride explained why he requested this amendment. He said he has received a number of complaints from pedestrians in downtown York stating that vehicles are blocking the crosswalk preventing safe passage across the street - with the problem being worse around rush hour. This legislation will allow violators to be cited for blocking the crosswalk. The revenue from these fines will go 100% to the City. He said he feels the fine shouldn't cause a financial hardship to violators but will be enough to get their attention.

Councilman Texter said current state law allows us to set the fine at $25 so he asked why it was only set at $15. Officer McBride replied that the $15 fine will allow leeway for the District Justices to increase the fine for repeat offenders. Councilman Texter said he would like to establish the maximum fine in order to make our laws consistent with state law.

Motion to amend. Therefore, a motion was made by Texter, seconded by Hill-Evans, to amend Section 513.10(d) to establish the penalty for $25 as follows:

513.10 PEDESTRIANS AT CONTROLLED INTERSECTIONS AND AT

CONTINENTAL SQUARE.

Penalties for Violation. Whoever violates any provision of Section 513.10 shall, upon conviction thereof, be fined not less than fifteen dollars ($15.00) twenty five ($25.00) nor more than one hundred dollars ($100.00), and in default of payment thereof shall be imprisoned for not more than ninety (90) days.

The motion to amend passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – Ray – 1.

There being no further discussion, Bill No. 19, Ordinance No. 20, as amended, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

NEW BUSINESS

Resolution No. 78, Session 2009, (View) A Resolution awarding a contract to Barnes & Barnes, Inc. in the amount of $254,989.01 for the Odeon Park Baseball Field Project, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 78 came up for discussion.

Public Works Director Jim Gross explained that this is a general construction project for construction of a T-Ball field and Little League Field at Odeon Park. York Little League is supportive of the plan. This project is being funded through a DCNR grant and contributions from the York Little League program. Director Gross then answered project questions from Council.

There being no further discussion, Resolution No. 78 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 79, Session 2009, (View) A Resolution authorizing a budget transfer for the Human Relations Commission in the amount of $2,203.79 to cover office furniture, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 79 passed by the following vote: Yeas -Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 80, Session 2009, (View) A Resolution authorizing a financing agreement with M&T Bank in the amount of $2,256,849.47 for the acquisition of fire fighting apparatus, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Texter, Resolution No. 80 came up for discussion.

Business Administrator O'Rourke explained that in accordance with Resolutions 146 (View) and 147 (View) of 2008, the City of York entered into contracts with Pierce Manufacturing, Inc. of Appleton Wisconsin and Maul Enterprises of Abbottstown, PA, for the purchase of fire apparatus described as one aerial truck and two engines with equipment for the total price of $2,256,849.47.

M&T Bank has issued a proposal to finance the purchase of the apparatus through a ten year lease-purchase transaction, the terms of which are set forth in the proposal. M&T Bank’s proposal includes terms that are favorable to the City including a ten-year, tax-exempt municipal lease/purchase in the principal amount of $ 2,256,849.47 at an annual rate of 4.101% at the end of which the city will own all of the fire fighting apparatus.

M&T Bank will provide financing for the acquisition of this fire fighting apparatus at a rate no higher than 4.3%, non-callable for the first five years of the term. In years six, seven, eight, nine and ten the Purchase Price shall be the balance applicable to such date shown on the Amortization Schedule plus a premium of 5%, 4%, 3%, 2%, 1%, respectively.

Administrator O'Rourke then answered financing questions from Council.

There being no further discussion, Resolution No. 80 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 81, Session 2009, (View) A Resolution pledging the City’s full faith a credit for repayment of the Section 108 Loan to HUD, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 81 came up for discussion.

Community Development Director Robinson explained that on April 2, 2008, City Council approved an application for $2,530,000 in Section 108 loan guarantee assistance in support of miscellaneous street improvements and public facility improvements at Eagle Fire Station and Princess Street Center. HUD requires additional security from the City in order approve the City’s request for Section 108 loan guarantee assistance. Therefore, HUD has requested the City to pledge its full faith and credit towards the repayment of the Section 108 loan obligation should the City’s Community Development Block Grant funds be insufficient to meet the debt service requirements of the Section 108 loan.

There being no further discussion, Resolution No. 81 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 82, Session 2009, (View) A Resolution approving a 3-yr. agreement with Mullin & Lonergan Associates to assist in the preparation of the 5-yr. Consolidated Plan, Action Plan, and other related service, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 82 came up for discussion.

Councilwoman Ray said she has serious reservations about obligating the city to a 3-year agreement especially with an Administration turnover coming in 2010.

Community Development Director Robinson stated that the total contract price is set to not exceed $45,00, which means payments will only be made on an as needed basis and that our future Mayor could require that we not contract for consultant services.

Councilwoman Ray asked if the request for proposal process included a public participation component because she does not see that in the scope of services.

Director Robinson said though its not in black & white, there is absolutely a public participation mechanism.

Councilwoman Ray reiterated that she still has serious concerns about this contract. She said she is also concerned about the Historic Preservation clause because the language regarding historic preservation is incorrect in the agreement.

Councilman Texter asked if Director Robinson would be willing to meet with each Council member who has questions to discuss the agreement further. Director Robinson said he would.

Councilwoman Smith asked that Council members be better prepared when sitting at the Council table. She said we had this agreement for days and there was plenty of time to ask questions. She said to throw a bunch of questions out at the last minute is inexcusable and holds up the voting process.

Vice President Hill-Evans said in a perfect world Councilwoman Smith's plan would work, however, sometimes more questions arise out of discussion and each Council member has a right to ask questions.

Councilwoman Ray said she needs further clarifications and wants to discuss this in a public forum.

Brian Davidson, Director of the Bureau of Housing Services, reassured Councilwoman Ray that public participate will take place. Though he didn't have the timeline available this evening, he did say that the June schedule includes a public hearing to be held for Community Development & housing needs for the Annual Action Plan; a mailing of applications to sub-recipients and other interested parties will take place; we will publish requests for applications; and we'll publish the application and public notice on the City's website and public access channel.

Councilwoman Ray said she would like to table this Resolution but didn't want to hold up the process.

Director Robinson said we could still work without this contract for the June-July months as long as the cost for services doesn't exceed .10% of the General Fund total.

Vice President Hill-Evans suggested that we allow Councilwoman Ray to ask further questions as she has requested. Since Director Robinson said we are able to continue at this point without this contract, then we should table until the July 21th Council meeting to allow all of Councilwoman Ray's questions to be answered.

Motion to table. Therefore, a motion was made by Ray, seconded by Hill-Evans, to table Resolution No. 82 until the July 21, 2009 meeting of Council. The motion to table passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Musso – 4; Nays – Smith – 1. Therefore, Resolution No. 82 was tabled until the July 21, 2009 meeting of Council.

REQUESTS FOR FUTURE MEETINGS

Police Committee, Councilman Cameron Texter, Chair: A Police Committee meeting has been scheduled for Tuesday, September 8, 2009 at 7:00 p.m. in Council Chambers to discuss Bill No. 58. of Session 2008 (View), a Bill establishing criteria for failure to report lost or stolen firearms.

COUNCIL COMMENT: None


ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, July 21, 2009 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

ADJOURNMENT: There being no further business, the June 2, 2009 meeting of Council adjourned at 10:21 p.m.