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City Council Meeting Minutes

June 21, 2009

CALL TO ORDER: City Council convened in a General Committee meeting on July 21, 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

Jerome Carter, 239 Green St., York, PA, invited Council to the “Hide the Line Food Drive” sponsored by the 1000 Black Men Against Violence Coalition of York. The food drive will be held in the parking lot of the York County Food Bank, 254 W. Princess St., York, PA, on August 8, 2009 from 9 a.m. -2 p.m. The drive is an effort to help replenish the Food Bank's evaporating supply of food. Non-perishable items will be collected. Monetary donations are welcome. For more information on the food drive or the 1000 Black Men Against Violence Coalition, please contact Jerome Carter at email: alphajkc@verizon.net or Bennie Carter at email: bcodt@comcast.net.

Bennie Carter, 36 N. Hartman St., York, PA, asked that the Police Traffic Safety Committee review excessive speed in the first block of N. Hartman St. and suggested that the Police Dept. consider increasing patrols to keep an eye on speeding.

Michael Rhine, York, PA, alleged that he was struck by someone wielding a belt on his way back from the library. He stated that police were called but they only laughed at him. He asked that this incident be relayed to the Police Commissioner.

Franklin Williams, 528 W. Market St., York, PA, discussed a dilapidated property located at the intersection of S. Beaver and Princess St., in the rear, which is vacant, boarded up, and unoccupied. He suggested the city look into demolishing the structure because its a health and fire hazard.

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, Kevin Schreiber, Director of Economic Development, Mark Whitman, Police Commissioner, and John Senft, Fire Chief. Michael O’Rourke, Business Administrator, were absent. Also present was Assistant Solicitor Shaleeta Washington.

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

Pledge of Allegiance: Led by Tom Foust, 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 June 2, 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.

Vice President Carol Hill-Evans asked for prayers from the community for resident Ed Berry who is in very poorl health.

PRESENTATIONS

Antique Portrait: President Musso presented an antique portrait of the First Select Council of the City of York dated 1887-1889, which was gifted to York City Council by residents Wm. Lee Smallwood (former Council President) and Attorney Janis Rozelle (former City Solicitor). Council expressed their gratitude and graciously accepted the portrait, which is now on display in the Council Chambers.

American Flag Presentation: Tom Foust, Vice President of the York City School Board, presented the City of York with an American Flag donated by the School District to be fixed upon the flag pole located on the Sailors and Soldiers Monument located in Penn Park.

Inside-Out Consulting: Kim Walsh, President, and Kelley Gibson, Sr. Account Executive, Inside-Out Consulting, were onboard to present the Special Events Report for the period covering December 2008 through July 2009. The report detailed various fund-raising efforts in which they have raised $143,797.00 toward financing special events in York City.

COMMITTEE MEETINGS SCHEDULED

Police Committee, Cameron Texter, Chair: Meeting scheduled for Tuesday, September 8, 2009 at 7:00 p.m. in Council Chambers to discuss Bill No. 58-08 (View), a Bill amending Article 725 "Firearms & Weapons" of the Codified Ordinances to establish criteria for failure to report lost or stolen firearms.

COMMITTEE REPORTS: None

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 83, Session 2009, (View) A Resolution approving the final land subdivision plan submitted by the YMCA of York & York County and Y Properties to change the property boundary lines at 309-317 W. Market St. so that the parking areas at the north part of the project area are mostly situated on parcel 3A and parcels 2, 3 & 4 along Market St. are reduced in area, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 83 came up for discussion.

William Swartz, Y Properties, was onboard and explained the project. The property is currently owned by the YMCA and consists of 4 parcels. This subdivision is to move the property lines so that the parking areas at the north part of the project area are mostly on parcel 3A and the parcels along Market St. are reduced in area. The Planning Commission recommended approval of the plan with some waivers and conditions, which a majority of those waivers and conditions were addressed.

There being no further discussion, Resolution No. 83 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 84, Session 2009, (View) A Resolution accepting the recommendations of HARB in denying an application submitted by First Moravian Church for work to be done at 39 N. Duke St., York, PA, was introduced by Musso, read at length, and on motion of Musso, seconded by Hill-Evans, Resolution No. 84 came up for discussion.

Councilman Texter outlined that First Moravian Church proposes to remove a stained glass window and replace it with an ordinary vinyl one. The window in question is located in the rear of the main church building's southeast elevation, which the applicant states the bottom sash's wood frame is completely rotten, leaving a 3” gap, and the glass is bowing. The bottom frame must be rebuilt and the leaded glass repaired, which is costly. HARB members offered various repair options, such as temporarily installing Plexiglas on the exterior for protection until repairs could be made. However, as presented, HARB would have no choice but to deny this request because the proposed work is highly inappropriate and will cause significant damage to the historic, ca. 1868 structure.

Council briefly discussed this case. President Musso said he wishes we could get grant funding to help in situations like this because the cost for historic preservation can become extremely burdensome. A brief discussion ensued on the importance of historic preservation.

There being no further discussion, Resolution No. 84 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 85, Session 2009, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness to the YMCA of York for work to be done at 709 S. George St., Kinsley Construction, Inc., for work to be done at 215 N. Beaver St., and CODO 26 for work to be done at 26 N. George St., was introduced by Musso, read at length, and on motion of Musso, seconded by Texter, Resolution No. 85 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

CONSENT AGENDA

Introduction of Bill No. 21, Session 2009, (View) A Bill amending Article 1763 “General Requirements” of the Property Maintenance Code relating to the responsibility of property owners when removing snow, was introduced by Ray, read by short title, and deferred until the August 18 meeting of Council.

Introduction of Bill No. 22, Session 2009, (View) A Bill establishing Article 1713 “Flood Plain Management” of the Codified Ordinances, was introduced by Ray, read by short title, and deferred until the August 18 meeting of Council.

Introduction of Bill No. 23, Session 2009, (View) A Bill amending the 2008 Annual Action Plan HOME Program Budget for the Bureau of Housing Services to reflect changes resulting from previous years for Community Housing Development Organization Corporation (CHDO) funds in the amount of $201,970.34, was introduced by Ray, read by short title, and deferred until the August 18 meeting of Council.

Introduction of Bill No. 24, Session 2009, (View) A Bill amending the 2009 Budget to reflect changes resulting from actual CDBG & HOME Program awards and to close previous years accounts, was introduced by Ray, read by short title, and deferred until the August 18 meeting of Council.

Introduction of Bill No. 25, Session 2009, (View) A Bill amending the 2008 Budget and Action Plan to reflect changes resulting from previous years for Community Housing Development Organization Corporation (CHDO) funds; and 2008 HOME funds for the Y Community Development Corporation (Salem Square Project), was introduced by Ray, read by short title, and deferred until the August 18 meeting of Council.

Introduction of Bill No. 26, Session 2009, (View) A Bill amending the 2009 Budget for the Bureau of Housing Services to appropriate revenue and expenditures in the amount of $10,000 for Administration & Program Delivery to cover advertising, postage/shipping, and other professional services, was introduced by Ray, read by short title, and deferred until the August 18 meeting of Council.

Introduction of Bill No. 27, Session 2009, (View) A Bill amending the 2008 Budget by appropriating expenditures to cover 2008 expenses in preparation of the 2008 audit, was introduced by Hill-Evans, read by short title, and deferred until the August 18 meeting of Council.

Introduction of Bill No. 28, Session 2009, (View) A Bill amending the 2008 Budget by appropriating revenue and expenditures to cover 2008 expenses in preparation of the 2008 audit, was introduced by Hill-Evans, read by short title, and deferred until the August 18 meeting of Council.

Introduction of Bill No. 29, Session 2009, (View) A Bill amending the 2009 Budget by appropriating revenue and expenditures for the Health Bureau for subsequent funding received from the PA Dept. of Health for the Childhood Immunization Grant in the amount of $35,000; and the Injury Prevention Grant, for safety items, in the amount of $10,000, was introduced by Ray, read by short title, and deferred until the August 18 meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Resolution No. 82, Session 2009, (View) A Resolution authorizing a 3-year professional services agreement with Mullin & Lonergan Associations for the purpose of assisting in preparation of the 5-year Consolidated Plan, Action Plan, and other related services, which was introduced by Ray at the June 2 meeting of Council and tabled, came up for final passage. On motion of Hill-Evans, seconded by Texter, Resolution No. 82 was removed from the table and came up for discussion.

At the June 2 Council meeting, Councilwoman Ray raised several concerns she had surrounding this contract. She stated that: (1) She had serious reservations about obligating the city to a 3-year agreement especially with an Administration turnover coming in 2010; (2) She requested clarification on the request for proposal process regarding public participation; and (3) She had concerns that the historic preservation clause within the contract was incorrect.

Councilwoman Ray said that her concerns have been addressed and corrections were made to the agreement as a result of those concerns.

Director Robinson said he has since provided Council with a timeline on the project and public meetings have been scheduled.

Tom Foust, 436 W. Market St., York, PA, asked if the city was going to revisit the Citizen Participation Plan as a way to regulate what type of participation would be required. He said historically, there has been a missing link between city officials and residents, especially our low income residents. Mr. Foust said he feels revisiting the Citizen Participation Plan will increase public participation. He also suggested merging the Comp Plan and Consolidated Plan processes.

Councilwoman Ray agreed that it is extremely important to involve the public and that she is committed to ensuring that the public has fair and ample opportunity to participate in this process.

Director Robinson said the city is looking into the suggestions made by Mr. Foust but he clarified that this contract mainly involves the technical aspects associated with preparing documents relating to Consolidated and Action Plans.

There being no further discussion, Resolution No. 82 passed by the following vote: Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 20, Ordinance No. 21, 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, which was introduced by Texter at the June 2 meeting of Council and read by short title, came up for final passage. On motion of Texter, seconded by Hill-Evans, Bill No. 20, Ordinance No. 21, passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

NEW BUSINESS

Resolution No. 86, Session 2009, (View) A Resolution approving a Developer's Agreement between the City of York, the York City Redevelopment Authority, and Foundry Plaza, Inc., for the LOGOS Academy project which will redevelop the property located at 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. 86 came up for discussion.

Tim Fulton, Vice President, Susquehanna Real Estate, outlined the agreement. He said Council approved the land development plan on June 2, 2009 (Res. #75) and during that meeting, Council requested a Developer's Agreement be approved separately. In essence, the agreement details the developer's obligations and promises tied to the LOGOS Academy project. The agreement, in part, details the developer's responsibilities for developing Dublin Street, including funding, maintenance, traffic, etc.; Development and use of the Greenbelt Park and River Walk, which will include construction of a park & playground; Parking areas; and general obligations relating to the property's maintenance.

President Musso assured residents that taxpayer dollars would not be used to fund this project.

Mr. Fulton then answered specific questions from Council regarding traffic patterns, leasing of the playground, and other project questions.

There being no further discussion, Resolution No. 86 passed by the following vote: Yeas – Hill-Evans, Texter, Smith, Musso – 4; Nays – 0; Abstained – Ray – 1. Councilwoman Ray said she abstained as she did volunteer consulting work for Foundry Plaza, Inc.

Resolution No. 87, Session 2009, (View) A Resolution appointing Benjamin D. Smith, Gregory S. Schick, and Matthew F. Irvin, as probationary Police Officers effective June 29, 2009, was introduced by Texter, read at length, and on motion of Texter, seconded by Ray, Resolution No. 87 came up for discussion.

Commissioner Whitman gave a brief bio of each candidate and said these appointments will bring the force up to 108 sworn officers.

There being no further discussion, Resolution No. 87 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 88, Session 2009, (View) A Resolution awarding a contract to Video Pipe Services in the amount of $293,020.00 for the Gas Ave. Sewer Lining Project, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 88 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 89, Session 2009, (View) A Resolution authorizing a 3-yr. agreement with Radiant Source Technology, Inc. in the amount of $110,754.00 for the purchase of lamps and sleeves for the ultraviolet (UV) disinfection system located at the Waste Water Treatment Plant, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 89 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 90, Session 2009, (View) A Resolution awarding a contract to Kemira Water Solutions, Inc. in the amount of $66,885.00 for the purchase of 37-45% liquid ferric chloride solution for a period of one year for use at the Waste Water Treatment Plant, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 90 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 91, Session 2009, (View) A Resolution awarding a contract to Stoner Electric, Inc. in the amount of $96,100.00 for electrical services related to the Odeon Park Baseball Field Project, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 91 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 92, Session 2009, (View) A Resolution authorizing the City's Administration to sell items of personal property at a public or online auction, which the sale value of the lot is estimated at $1,000.00 or more, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 92 came up for discussion.

Public Works Director Gross outlined that once every few years the city holds a public auction to sell property no longer useful to the city. The auction will be held at the city garage located on Toronita St. on September 23. He said he will have more information closer to the auction date.

There being no further discussion, Resolution No. 92 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 93, Session 2009, (View) A Resolution clarifying the description of dwelling units in the R-3 & R-4 designation areas as outlined in Article 1761 “Enforcement, Licensing & Appeals” of the Codified Ordinances, was introduced by Ray, read at length, on motion of Ray, seconded by Texter, Resolution No. 93 came up for discussion.

Fire Chief Senft explained that this resolution merely clarifies the R3 & R4 description as a “dwelling unit or sleeping unit” but does not change fees.

President Musso said although fees are not being changed, he would like the Resolution to sit until the next meeting to allow for public comment as the change is associated with an already established fee.

There being no further discussion, Resolution No. 93 will sit for one meeting and will be considered for final passage at the August 18 meeting of Council.

Resolution No. 94, Session 2009, (View) A Resolution authorizing an agreement with the Family Health Council of Central PA for the period of June 1, 2009 through June 30, 2010 in the amount of $118,730.00 (from State Health Grant 10070) to conduct specific tobacco control program activities in the City of York, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 94 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 95, Session 2009, (View) A Resolution authorizing an agreement with the PA Dept. of Health for the period of July 1, 2009 through June 30, 2012, in the amount of $585,000.00 (from State Health Grant 10018) to provide immunization services to children, adolescents and adults residing in the City of York, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 95 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 96, Session 2009, (View) A Resolution authorizing a budget transfer for the Bureau of Housing Services in the amount of $38,604.30 from “Acquisition” to “Demolition”, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 96 came up for discussion.

Economic Development Director Kevin Schreiber explained that this transfer is to cover emergency demolition of the property located at 31-33 Homeway. He said the property is ready to collapse as a result of severe storm damage and for the health and safety of the public, it must be demolished.

There being no further discussion, Resolution No. 96 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS

Police Committee, Cameron Texter, Chair: Meeting scheduled for Tuesday, September 8, 2009 at 7:00 p.m. in Council Chambers to discuss Bill No. 58-08 (View), a Bill amending Article 725 "Firearms & Weapons" of the Codified Ordinances to establish criteria for failure to report lost or stolen firearms.

COUNCIL COMMENT: None

ADMINISTRATION COMMENT

Fire Chief John Senft discussed the devastating fires that took place on July 8, 2009. One of those fires was located at Consolidated Scrap Resources on E. Princess St. and the other was located in the 700 block of E. Chestnut St. which destroyed a block of homes and displaced 26 families. He thanked emergency crew and staff who came to the city's aid. He said there was no loss of life.

Community Development Director Dan Robinson announced that the city is in receipt of block grant funds and that Section 108 funds are due to arrive next week. He said we are still waiting on stimulus money.

NEXT MEETING: The next regular meeting of City Council is scheduled for August 18, 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 July 21, 2009 meeting of Council adjourned at 9:24 p.m.