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City Council Meeting Minutes

September 21, 2010

CALL TO ORDER: City Council convened in a General Committee meeting on September 21, 2010 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: Renee S. Nelson, Henry Hay Nixon, Toni Smith, Carol Hill-Evans, Vice President, and Genevieve H. Ray, President, with President Ray presiding.

GENERAL PUBLIC COMMENT

Steve Young, York, PA, asked the status of his request for a police committee meeting. He also asked if Council is aware of the scream mask bandit who has so far robbed and/or attacked five (5) women.

There being no further public comment, President Ray 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: Renee S. Nelson, Henry Hay Nixon, Toni Smith, Carol Hill-Evans, Vice President, and Genevieve H. Ray, President, with President Ray presiding.

Members of the Administration in attendance included: Kevin Schreiber, Director of Economic Development/Acting Director of Community Development. Also present was Assistant Solicitor Don Hoyt.

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

Pledge of Allegiance: The Pledge of Allegiance was recited.

Approval of Minutes: Council dispensed with the reading of the Minutes of September 7, 2010 and unanimously approved them as written.

Correspondence and Announcements: President Ray read correspondence and announcements.

PRESENTATIONS

Sonia Huntzinger, Executive Director, Downtown Inc. (York Business Improvement District Authority - YBIDA), gave a report on activities of Downtown Inc. and the YBIDA 2011-2015 Business Plan approval process. (View Report)

COMMITTEE MEETINGS SCHEDULED:

Business Administration Committee, Henry Hay Nixon, Chair: Councilman Nixon reported that the B.A. Committee was scheduled to meet on October 5, 2010 at 6:00 p.m. in Council Chambers to discuss the Act 205 Distress Scores; however, after speaking with the Administration, he felt it would be best to have that information presented in writing. Therefore, instead of the committee meeting to discuss Act 205, they will meet on October 5th at 6:00 p.m. to discuss Resolution No. 108 - A Resolution approving an Agreement of Sale between the City of York and Sovereign Bank for the purchase of 101 S. George St. in the amount of $2.7 million.

STATUS OF PRIOR COMMITTEE REFERRALS:
Bill No. 21: Amending Article 185.10 "Human Relations Commission; Powers and Duties" of the Codified Ordinances to decrease membership composition and amend attorney and employee provisions - remains in the Rules & Administrative Code Committee.

Police Committee, Renee S. Nelson, Chair: President Ray reported that a public request has been made to hold a committee meeting to discuss the Police Department's Facebook page and usage. President Ray and Councilwoman Nelson have been in contact with the Administration and the Solicitor's Office is currently researching the issue; therefore, the request is pending.

SUBDIVISION / LAND DEVELOPMENT / HARB
Resolution No. 111, Session 2010, (View) A Resolution approving the final land development plan submitted by 922 Loucks Road, LLC to construct a 1,624 sq. ft. Sonic Restaurant at 922 Loucks Rd., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 111 came up for discussion.

John Anderson, engineer for the applicant, said they have worked closely with staff, outside agencies, and the Planning Commission to put forth a cohesive project. The project site is located at 922 Loucks Rd. (the former Longhorn Steakhouse building). He explained that this will be a Sonic fast food hamburgers-type restaurant serving items such as hamburgers, chicken sandwiches, smoothies, and other similar types of food. Mr. Anderson said this will be a dine-out facility featuring drive-through service and outdoor seating only. They plan to employ mainly part-time employees to operate daily food services.

There being no further discussion, Resolution No. 111 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 112, Session 2010, (View) A Resolution accepting the recommendations of HARB in issuing a permit to Murphy & Dittenhafer Architects for work to be done at 34 Cherry Lane, and York Rentals, LLC for work to be done at 257-259 E. King St., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 112 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Resolution No. 110, Session 2010, (View) A Resolution authorizing a transfer of funds for the Police Department in the amount of $17,000.00 to cover expenses for training, printing, and architectural expenses, which was introduced by Nelson at the September 7th Council meeting, read at length, and postponed for action, came up for final passage. On motion of Nelson, seconded by Nixon, Resolution No. 110 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Note: The vote on Resolution No. 110 was postponed at the 9/7/10 Council meeting per the requirements of Article 137.02(b) of the Codified Ordinances in that budget transfers require the affirmative vote of at least four (4) members of Council. As only three (3) Council members were in attendance at the 9/7/10 meeting, the vote was postponed until tonight's meeting (9/21/10).

Final Passage of Bill No. 28, Ordinance No. 27, Session 2010, (View) A Bill amending the 2010 Budget for the Bureau of Housing Services to reflect changes resulting from allocating funds from Program Delivery to individual activities, which was introduced by Ray at the September 7th meeting of Council and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Nixon, Bill No. 28, Ordinance No. 27, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 29, Ordinance No. 28, Session 2010, (View) A Bill amending the 2010 Budget for the Bureau of Housing Services for PHFA Rental Rehab - Permits/Clean & Seal Program to reflect a rollover amount totaling $92,700.00, which was introduced by Ray at the September 7th meeting of Council and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Smith, Bill No. 29, Ordinance No. 28, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 30, Ordinance No. 29, Session 2010, (View) A Bill amending the 2010 Budget for the Police Department to reflect actual revenue and expenditures in the amount of $7,472.48 for first year Weed & Seed funding, which was introduced by Nelson at the September 7th meeting of Council and read by short title, came up for final passage. On motion of Nelson, seconded by Hill-Evans, Bill No. 30, Ordinance No. 29, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 31, Ordinance No. 30, Session 2010, (View) A Bill amending the 2010 Budget for the Fire Department to reflect revenue and expenditures in the amount of $6,737.12 for first year Weed & Seed funding, which was introduced by Nelson at the September 7th meeting of Council and read by short title, came up for final passage. On motion of Nelson, seconded by Hill-Evans, Bill No. 31, Ordinance No. 30, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

NEW BUSINESS

Resolution No. 113, Session 2010, (View) A Resolution authorizing the filing of a proposal for funds with the Pennsylvania Commission on Crime and Delinquency for a year 2010-2011 JAG/Weed & Seed Grant in the amount of $50,000.00 to support community policing and intervention projects, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Smith, Resolution No. 113 came up for discussion.

Director Schreiber explained that PCCD has announce the availability of up to $400,000 in Justice Assistance Grant (JAG) funding. Funds are being made available to support projects that address community policing, prevention, intervention and treatment, and neighborhood restoration. The city's application will be for $50,000 and will be used to fund activities conducted by the Crispus Attucks Association, Youth Obtaining Respect and Knowledge, The Salvation Army, and the York City Police Department. A 10% match is required and the city plans to meet this match through in-kind support provided by the city and participating agencies.

There being no further discussion, Resolution No. 113 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Motion to read by short title. A motion was made by Ray, seconded by Smith, to read Resolution No. 114 by short title. The motion passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 114, Session 2010, (View) A Resolution authorizing the filing of a proposal for Redevelopment Assistance Capital Program (RACP) funds in the amount of $3,370,000.00 for the York Downtown Market District Revitalization Project, was introduced by Ray, read by short title, and on motion of Ray, seconded by Smith, Resolution No. 114 came up for discussion.

Director Schreiber outlined that in 2009 the Central Market Board of Directors commissioned a consulting service agreement with The Food Trust of Philadelphia to assess and develop a long-term strategic sustainability plan for Central Market. That plan called for major capital improvements and renovations to occur in order for future success and viability of the Central Market. In April 2010, Mayor Bracey and staff met with Governor Rendell, along with Senator Waugh and Representative DePasquale, to present the Central Market renovations concept along with a multi-use cultural art center to be situated directly across the street. This project, known as the “York Downtown Market District Revitalization Project” is estimated to cost nearly $7 million. Governor Rendell pledged that the state would commit $3.3 million in “RACP” grant dollars for this initiative. Therefore, the city is requesting approval to apply for RACP funds in the amount of $3,370,000 for this project. Director Schreiber said there is a dollar-for-dollar match requirement. The application deadline is October 1st.

There being no further discussion, Resolution No. 114 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 115, Session 2010, (View) A Resolution amending the 2010 Annual Action Plan to reflect changes resulting from allocating funds from Program Delivery to individual activities for 2010, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 115 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: None

Police Committee, Renee S. Nelson, Chair: A public request has been made to hold a committee meeting to discuss the Police Department's Facebook page and usage. The Solicitor's Office is currently researching the issue; therefore, the request is pending.

COUNCIL COMMENT: None

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for October 5, 2010 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 September 21, 2010 meeting of Council adjourned at 8:01 p.m.