Follow us on Twitter Friend us on Facebook Receive City Updates
{ Live, work, play in York. }

City Council Meeting Minutes

December 1, 2009

CALL TO ORDER: City Council convened in a General Committee meeting on Tuesday, December 1, 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, stated that a recent daytime robbery at Essan Thai Restaurant located in downtown York should have been made public. He then discussed Roger Brooks, a tourism, marketing and development planner who is considered one of the industries most recognized experts. Mr. Young said the city should listen and learn from Mr. Brooks and should seriously consider his recommendations. Lastly, Mr. Young applauded Edgar Rodriquez, owner of Wholy Chicken, for giving away 647 free chickens at Thanksgiving.

Lamar Burton, 115 W. Jackson St., York, PA, asked what he can do to help the business community. He outlined his services and urged business owners to contact him if in need of his assistance.

Richard A. Bentzel, 1001 S. Queen St., York, PA, said he would like to establish a wildlife preserve behind Weis Market and asked to meet with the administration to discuss how future extensions of the Broad Street Greenway would tie in with his idea. President Musso said he would relay Mr. Bentzel's request to the Mayor for consideration.

There being no further public comment, President Musso adjourned the General Committee meeting and reconvened in Legislative Session at 7:10 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, and John Senft, Fire Chief. Also present was Assistant Solicitor Shaleeta Washington. Dan Robinson, Director of Community Development, Kevin Schreiber, Director of Economic Development, Mark Whitman, Police Commissioner, and Michael O’Rourke, Business Administrator, 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 Hill-Evans, to dispense with the reading of the Minutes of November 19, 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: None

COMMITTEE MEETINGS SCHEDULED

2010 Proposed Budget Meetings: Council will hold public meetings on the proposed 2010 York City Budget on November 23, 2009, November 30, 2009 and December 7, 2009 beginning each evening at 6:30 p.m. in City Council Chambers. Please contact the City Clerk for scheduling information or you may visit www.yorkcity.org for more information. (View Schedule)

COMMITTEE REPORTS


Business Administration Committee, Vice President Carol Hill-Evans, Chair: Vice President Hill-Evans reported that the B.A. Committee met this evening, Tuesday, December 1, 2009 at 6:00 p.m. in Council Chambers to further discuss Bill No. 37, Session 2009 (View) - A Bill amending Article 169 “Police Officer's Pension Fund”; Bill No. 38, Session 2009 (View) - A Bill amending Article 171 “Firefighter's Pension Fund”; and Bill No. 39, Session 2009 (View) - A Bill amending Article 167 “Officer's and Employees Pension Fund” of the Codified Ordinances. All Bills are being amended in order to comply with the requirements of the Internal Revenue Code as they pertain to the deferred taxability of the pension benefits accrued. Business Administrator Michael O'Rourke was in attendance and added to discussion. He said, in part, that he did review the administration provisions of the proposed amendments and stated that they are consistent with current practices and current city ordinances. Although the language is different it describes the same practice, he said. Committee members voted the legislation out of committee for consideration of final passage at tonight's meeting.|SUPPLEMENTAL AGENDA

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

 

Introduction of Bill No. 43, Session 2009, (View) A Bill amending Article 1731 “Historic York” of the Codified Ordinances to update HARB requirements, amend enforcement provisions, and establish minimum maintenance, violations and penalty requirements, was introduced by Texter, read by short title, and on motion of Texter, seconded by Ray, Bill No. 43 came up for discussion.

Motion to refer to committee. A motion was made by Ray, seconded by Hill-Evans, to refer Bill No. 43 to the Community Development Committee for further discussion. The motion passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0. A committee meeting was then scheduled for Tuesday, December 8, 2009 at 7:00 p.m. in Council Chambers.

SUBDIVISION / LAND DEVELOPMENT / HARB
Resolution No. 145, Session 2009, (View) A Resolution accepting the recommendations of HARB in issuing a permit to Chris Frey for work to be done at 322 W. Princess St., and Dennis Kunkle, York Co. Heritage Trust, for work to be done at 250 E. Market St., was introduced by Musso, read at length, and on motion of Musso, seconded by Hill-Evans, Resolution No. 145 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

CONSENT AGENDA

Introduction of Bill No. 44, Session 2009, (View) A Bill amending the 2009 Budget and Action Plan to reflect changes resulting from previous years for CHDO Corporation funds for the Y Community Development Corporation (Salem Square Project) through 2009 HOME funds in the amount of $217,036.00, was introduced by Ray, read by short title, and deferred until the December 15, 2009 meeting of Council.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Consent Agenda. A motion was made by Texter, seconded by Hill-Evans, to approve a consent agenda for consideration of passage of Bills 37-39. The motion passed unanimously. Therefore, Bill No.'s 37-39, came up for final passage as follows:

Final Passage of Bill No. 37, Ordinance No. 37, Session 2009, (View) A Bill amending Article 169 “Police Officer's Pension Fund” of the Codified Ordinances to comply with the requirements of the Internal Revenue Code as it pertains to the deferred taxability of the pension benefits accrued.

Final Passage of Bill No. 38, Ordinance No. 38, Session 2009, (View) A Bill amending Article 171 “Firefighter's Pension Fund” of the Codified Ordinances to comply with the requirements of the Internal Revenue Code as it pertains to the deferred taxability of the pension benefits accrued.

Final Passage of Bill No. 39, Ordinance No. 39, Session 2009, (View) A Bill amending Article 167 “Officer's and Employees Pension Fund” of the Codified Ordinances to comply with the requirements of the Internal Revenue Code as it pertains to the deferred taxability of the pension benefits accrued.

Bills 37-39, which were introduced by Hill-Evans on October 6, 2009 and deferred to the Business Administration committee (meetings held 10/13/09, 11/11/09 and 12/1/09), came up for final passage. On motion of Hill-Evans, seconded by Texter, Bills 37-39 came up for discussion.

Vice President Hill-Evans stated that Council held three Business Administration Committee meetings to discuss, at length, these amendments. She said she spoke with Business Administrator Michael O'Rourke who said these draft amendments are being recommended by our actuarial firm, Conrad Siegal. Furthermore, she said the amendments were also reviewed and recommended by each of the Pension Boards. Vice President Hill-Evans relayed that Business Administrator O'Rourke reviewed the administration provisions of the proposed amendments and said they are consistent with current practices and our current city ordinances and that although the language is different he said it describes the same practice.

There being no further discussion, Bills 37-39 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Final Passage of Bill No. 42, Session 2009, (View) A Bill amending Article 351 “Juke Box Tax” of the Codified Ordinances to include vending machines and to amend taxes to be imposed, which was introduced by Ray at the November 19, 2009 meeting of Council, and read by short title, came up for final passage. On motion of Ray, seconded by Texter, Bill No. 42 came up for discussion.

Councilwoman Ray said she would like to table this Bill because it needs some cleaning up.

Jack Sands, Building Code Official, said he did clean up the Bill as previously requested by Council. He outlined the changes he made such as removing “tax” and replacing with “fee”, as recommended by President Musso. He also said they better defined “devices” and included reference to Article 753.03 “Obstruction”, which, in part, prohibits the sale of goods and wares on the sidewalk. He did say that Article 753.03 is outdated and should be amended if we intend to properly include it in this legislation.

Councilwoman Ray pointed out some typographical errors resulting in conflicting fees and portions of this legislation that refer to sections of the Planning & Zoning Code that are no longer in existence. Councilman Ray said she would also like to propose language to make it illegal to have vending machines on sidewalks, porches, or anywhere visible from the street.

Councilwoman Smith said the city dealt with soda machines about 10 years ago under the Robertson Administration. She said research was done to pinpoint legislation that would prohibit placement of soda machines on sidewalks because it was an obstruction and encroachment and that Article 753.03 “Obstruction” was used as a means to regulate placement of soda machines.

Motion to table. After hearing additional discussion, questions and clarifications still exist, therefore, a motion was made by Ray, seconded by Smith, to table Bill No. 42. 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 Ray, to approve a consent agenda for consideration of passage of Resolution No.'s 140-143. The motion passed unanimously. Therefore, Resolution No.'s 140-143, came up for final passage as follows:

Final Passage of Resolution No. 140, Session 2009, (View) A Resolution amending a list of fees for the Bureau of Permits, Planning and Zoning to become effective January 1, 2010, which was introduced by Ray, at the November 19th meeting of Council and read at length, came up for final passage.

Final Passage of Resolution No. 141, Session 2009, (View) A Resolution amending Fire Code Permit fees to become effective January 1, 2010, which was introduced by Ray, at the November 19th meeting of Council and read at length, came up for final passage.

Final Passage of Resolution No. 142, Session 2009, (View) A Resolution amending licensing fees as established in Article 1761 “Licensing and Inspection of Tenant Occupied Residential and all Institutional Occupancies” of the Codified Ordinances to become effective April April 1, 2010, which was introduced by Ray, at the November 19th meeting of Council and read at length, came up for final passage.

Final Passage of Resolution No. 143, Session 2009, (View) A Resolution amending false alarm fees and standby fees for the Fire Department to become effective January 1, 2010, which was introduced by Ray, at the November 19th meeting of Council and read at length, came up for final passage.

On motion of Texter, seconded by Ray, Resolution No.'s 140-143 came up for discussion.

Fire Chief John Senft explained that these amendments are the result of a joint effort between the Fire Department and the Department of Community Development. He stated that they researched various codes and provided information to the city's code consultant who recommended these fee changes, which are revenue neutral. Chief Senft suggested Council consider reviewing fees on an annual basis as services and costs change yearly.

Council briefly discussed how the Consumer Price Index (CPI) and financial studies could be used in helping determine fee structure.

There being no further discussion, Resolution No.'s 140-143 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

NEW BUSINESS

Resolution No. 146, Session 2009, (View) A Resolution amending the Developer's Agreement between the City of York and CODO 26 related to the final land development plan for 26 N. George St. and the “in lieu of dedicating land for recreational use and in lieu of paying a fee to the City for recreational purposes”, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 146 came up for discussion.

Public Works Director Jim Gross explained that on January 6, 2009, Council approved the final land development plan submitted by CODO 26 for development at 26 N. George St. At that time, the City entered into an agreement with CODO 26 to contract for a “Concept Design Study for Minor Street Streetscape Improvements” in lieu of dedicating land for recreational use and in lieu of paying a fee to the City for recreational purposes. The City then contracted with Buchart-Horn, Inc. to complete a W. Clarke Ave. Pedestrian Study that recommended construction of a pedestrian corridor on the north side of W. Clarke Ave. from George St. to Pershing Ave. Based on that recommendation, the City and CODO wish to amend the Developer's Agreement to delete the requirement for the “Concept Design Study” and to instead add the requirement that CODO construct a pedestrian corridor to the City's specifications on the north side of W. Clarke Ave. from George St. to Cherry Lane. The estimated cost of this project will be at least $25,000.

President Musso discussed recreation fees and said that the process involved in establishing these fees is a complete mess in that we don't even know how much to charge developers. President Musso suggested creating recreation districts to help streamline the structure of recreation fees.

Steve Young, 9 N. Newberry St., stated that the 4' clearance allotted for the sidewalk might cause problems and questioned whether the width should be corrected otherwise the sidewalk may not accommodate the public appropriately, especially those in mobility devices.

There being no further discussion, Resolution No. 146 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 147, Session 2009, (View) A Resolution authorizing a professional services agreement in the amount of $102,500.00 with Buchart-Horn, Inc. for engineering services related to construction of the Northwest Triangle Interceptor Replacement Project, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 147 came up for discussion.

General Manager Steve Douglas outlined the scope of services to be provided by Buchart-Horn related to the NWT Interceptor Project. He said they will review and approve shop drawings and samples, provide full-time project representation on behalf of the City, conduct inspections, and other services as outlined in the “Scope of Services”.

There being no further discussion, Resolution No. 147 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 148, Session 2009, (View) A Resolution awarding a contract to Wexcon, Inc. in the amount of $800,433.00 for the Northwest Triangle Interceptor Replacement Project, was introduced by Smith, read at length, and on motion of Smith, seconded by Ray, Resolution No. 148 came up for discussion.

General Manager Steve Douglas briefly outlined the project and said this will be for construction related to Phase II of the Arch St. Sewer project. He said they will replace 2,500 ft. of pipe, which is approximately 104 years old. He did say the project came in $500,000 under budget, which was good news.

There being no further discussion, Resolution No. 148 passed by the following vote: Yeas -Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 149, Session 2009, (View) A Resolution awarding a contract in the amount of $352,327.54 to Polydyne, Incorporated to provide cationic polymer to aid in dewatering of biosolids at the Waste Water Treatment Plant, was introduced by Smith, read at length, and on motion of Smith, seconded by Ray, Resolution No. 149 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 150, Session 2009, (View) A Resolution authorizing a budget transfer in the amount of $59,000.00 for the Waste Water Treatment Plant within the 2009 Sewer Fund, was introduced by Smith, read at length, and on motion of Smith, seconded by Texter, Resolution No. 150 came up for discussion.

General Manager Steve Douglas explained that this transfer will cover additional costs associated with relining the Gas Ave. sanitary sewer line. He said the portion to be relined runs from Carlisle Ave. to Grant St. He stated that this section of sewer line has been extremely problematic over the years because of leaking and this repair will fix those leaks.

There being no further discussion, Resolution No. 150 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 151, Session 2009, (View) A Resolution authorizing a budget transfer in the amount of $6,765.70 for the Fire Department to cover vehicle repair service and tuition reimbursement, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 151 passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

Resolution No. 152, Session 2009, (View) A Resolution amending fees in accordance with Article 1105 “Licensing” of the Codified Ordinances, was introduced by Ray, read at length, and on motion of Ray, seconded by Texter, Resolution No. 152 came up for discussion.

Motion to amend. City Clerk Dianna Thompson noted that an effective date was not established for these fees and suggested Council move to amend the Resolution to establish the effective date. Council agreed and therefore a motion was made by Texter, seconded by Ray, to amend Resolution No. 152 to add “which will become effective January 1, 2010”. The motion to amend passed by the following vote: Yeas – Ray, Hill-Evans, Texter, Smith, Musso – 5; Nays – 0.

President Musso said that fee legislation must sit for at least one meeting prior to consideration of passage as established in Ordinance No. 19 of Session 1997. Therefore, this Resolution will be placed on the December 15th agenda for consideration of final passage.

REQUESTS FOR FUTURE MEETINGS

Community Development Committee, Councilwoman Genevieve Ray, Chair: Meeting scheduled for Tuesday, December 8, 2009 at 7:00 p.m. in Council Chambers to discuss Bill No. 43, Session 2009, (View) A Bill amending Article 1731 “Historic York” of the Codified Ordinances to update HARB requirements, amend enforcement provisions, and establish minimum maintenance, violations and penalty requirements.

COUNCIL COMMENT: None

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for Tuesday, December 15, 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 December 1, 2009 meeting of Council adjourned at 8:24 p.m.