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City Council Meeting Minutes

May 4, 2010

CALL TO ORDER: City Council convened in a General Committee meeting on May 4, 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, and Carol Hill-Evans, Vice President, with Vice President Hill-Evans presiding. Council President Genevieve Ray and Mayor Kim Bracey were absent.

GENERAL PUBLIC COMMENT

Charlotte Bergdoll, Cherry Lane Realty, York, PA, recommended that recycling containers be placed at the skating rink to encourage youth to recycle. She also suggested the city update its website to reflect new leadership in the Police and Fire Departments. Next, Ms. Bergdoll questioned the “We Buy Property” signs posted on buildings and utility poles throughout the city and asked if there was an ordinance prohibiting this. Ms. Bergdoll then warned residents to screw in their air conditioners because one was stolen from a 2nd floor window because it wasn't screwed in. Ms. Bergdoll then outlined several community events to take place this month such as 1st Friday, Olde York Street Fair, Box Lunch Revue, and the Chili Cook-off. Lastly, Ms. Berdgoll asked if the Building Code Official could check to see if permits are being issued for vending machines.

Sonia Huntzinger, Executive Director, Downtown Inc., introduced Stephanie Powers, the new Communications and Events Coordinator for Downtown Inc.

Bud March, 732 S. Newberry St., York, PA, complained of trash on W. Jackson St. and how this is making his neighborhood the slum of York. He said a fence is down at 301 W. Jackson St. and cars are illegally parked in the alley behind the 700 block of Jessop Place. He said street cleaning has ceased and he doesn't understand why because he pays taxes to receive this service.

There being no further public comment, Vice President Hill-Evans adjourned the General Committee meeting and President Ray 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. Mayor Kim Bracey was not present.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, Kevin Schreiber, Interim Director of Community Development/Director of Economic Development, Steve Buffington, Interim Fire Chief, and Michael O’Rourke, Business Administrator. Also present was Don Hoyt, Assistant Solicitor, Steve Douglas, General Manager of the WWTP, and Veronica Whaley-Chavez, Pretreatment Permit & Compliance Manager (WWTP). Police Chief Wes Kahley was absent.

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 April 20, 2010 and unanimously approved them as written.

Correspondence and Announcements: President Ray and Vice President Hill-Evans read correspondence and announcements.

PRESENTATIONS

Chad Myers, York Young Professionals, announced the 11th Annual York City Home Tour and encouraged the public to attend. The tour is geared to showcase York and engage the community. The tour will be held on Friday, May 7, 2010 from 5-8 p.m. with a reception at the York Water Company afterward. The cost is $5 in advance and $10 on the day of the event. For more information please visit www.yorkyp.org or email: dmk1222@comcast.net.

COMMITTEE MEETINGS SCHEDULED: None

STATUS OF PRIOR COMMITTEE REFERRALS

Rules and Administrative Code Committee, Genevieve H. Ray, Chair: President Ray report that committee members met on Wednesday, April 21, 2010 in Council Chambers to discuss Bill No. 12 repealing the city's residency requirement and to discuss the Rules and Procedures of Council. Both remain in committee.

SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 70, Session 2010, (View) A Resolution approving the preliminary/final land development plan to redevelop the former Thomas Somerville property located at 320 N. George St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 70 came up for discussion.

Director Kevin Schreiber explained that on September 16, 2008, City Council approved the final land development plan for this property (Res. #139) but the plan was never recorded. Since that time, the applicant made minor changes to the previously approved plan. Those changes include: (1) removal of a building addition, (2) adjustment of parking along building entrance, (3) reduction of parking from 160 spaces to 156 with 6 handicapped spots, and (4) storm drainage adjustment.

There being no further discussion, Resolution No. 70 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Bill No. 17, Ordinance No. 16, Session 2010, (View) A Bill amending Article 931 “Sanitary Sewers” of the Codified Ordinances to comply with federal industrial pretreatment regulations, which was introduced by Smith at the April 20th Council meeting and read by short title, came up for final passage. On motion of Smith, seconded by Hill-Evans, Bill No. 17 came up for discussion.

Veronica Whaley-Chavez, Pretreatment Permit & Compliance Manager (WWTP), explained that Article 931 is being amended to comply with changes in federal pretreatment regulations (40 CFR 400-403). While incorporating these required changes, they also corrected basic errors and provided clarity. She said many sections are being expanded to comply with federal requirements and to provide more detail such as including additional definitions and wastewater standards, as well as various permitting and sampling requirements. Ms. Whaley-Chavez reported that these amendments were reviewed by the Solicitor's Office, the U.S. Environmental Protection Agency, contributory municipalities, and an attorney familiar with federal pretreatment and wastewater regulations.

There being no further discussion, Bill No. 17, Ordinance No. 16, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 18, Ordinance No. 17, Session 2010, (View) A Bill amending the 2010 Budget in the amount of $5,100.00 for purchase of softballs, which was introduced by Smith at the April 20th Council meeting and read by short title, came up for final passage. On motion of Smith, seconded by Hill-Evans, Bill No. 18, Ordinance No. 17, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Resolution No. 64, Session 2010, (View) A Resolution establishing an industrial wastewater discharge permit fee in the amount of $300 in accordance with section 931.03(d) of the Codified Ordinances (Bill No. 17, Ordinance No. 18 of 2010), which was introduced by Smith at the April 20th Council meeting and read at length, came up for final passage. On motion of Smith, seconded by Nelson, Resolution No. 64 came up for discussion.

Veronica Whaley-Chavez, Pretreatment Permit & Compliance Manager (WWTP), outlined that this fee was last evaluated in the 1980's and was set at $35. This amendment reflects current costs and actual staff time. She said this fee is established in accordance with the legislation approved by Council this evening amending Article 931 “Sanitary Sewers” (Bill No. 17, Ordinance No. 18) .

There being no further discussion, Resolution No. 64 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

NEW BUSINESS

Resolution No. 71, Session 2010, (View) A Resolution appointing Steven Heffner to the York City General Authority to fill the unexpired term of Tim Warfield, which term shall expire January 1, 2014, Jessica Fieldhouse to the York City Planning Commission to fill the unexpired term of Matthew Sommer, which term shall expire January 1, 2012, and Benjamin Michael to the York City Zoning Hearing Board to fill the unexpired term of Jessica Fieldhouse, which term shall expire January 1, 2014, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Hill-Evans, Resolution No. 71 came up for discussion.

Motion to amend. A motion was made by Nixon to amend Resolution No. 71 to separate the vote for the appointment of Mr. Heffner. The motion to split the Resolution and vote on Mr. Heffner's appointment separately was seconded by Hill-Evans, and passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5. Resolution No. 71 came up for discussion.

There being no further discussion, Resolution No. 71 appointing Steven Heffner to the York City General Authority passed by the following vote: Yeas – Nelson, Smith, Ray – 3; Nays – Nixon, Hill-Evans – 2.

City Clerk Dianna L. Thompson explained that as the motion to split the vote for Mr. Heffer was approved and voted upon, with Council consent, she would introduce the remaining two appointments as Resolution No. 72. City Council agreed. Therefore, Resolution No. 72 was entered into the record as follows:

Resolution No. 72, Session 2010, (View) A Resolution appointing Jessica Fieldhouse to the York City Planning Commission to fill the unexpired term of Matthew Sommer, which term shall expire January 1, 2012, and Benjamin Michael to the York City Zoning Hearing Board to fill the unexpired term of Jessica Fieldhouse, which term shall expire January 1, 2014, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Hill-Evans, Resolution No. 72 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

As Ms. Fieldhouse was in attendance, the City Clerk administered the Oath of Office.

Resolution No. 73, Session 2010, (View) A Resolution approving acceptance of a Grant from the Department of Community & Economic Development in the amount of $124,000.00 for the Early Intervention Phase II Program, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Smith, Resolution No. 73 came up for discussion.

Business Administrator Michael O'Rourke explained that this grant will assist the City of York in hiring the Police Executive Research Forum to conduct a study of the feasibility of creating a Metro York Police Department, will pay for half the cost of study of the York City Fire Department being conducted by Public Safety Solutions, Inc, and will help the city pay for the cost of an in depth update of the financial plan and five year budget by Public Financial Management. There is a commitment from York Counts to contribute $39,550.00 toward the match for the grant and the City of York will provide $75,175.00 toward the grant match as follows: $33,233.34 already paid toward the Fire-Rescue Study and $42,941.66 from the Internal Services Fund.

There being no further discussion, Resolution No. 73 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: None

COUNCIL COMMENT: None

ADMINISTRATION COMMENT

Director Kevin Schreiber announced that on Friday, May 7, 2010, a Black and White Party will be held at Club XS, 36 West 11th Avenue, York, PA, to benefit the Aids Fund, which serves York, Cumberland, Dauphin, Franklin, Lebanon, Perry and Lancaster counties. For more information or to purchase tickets, please visit www.theblackandwhiteparty.com.

NEXT MEETING: The next regular meeting of City Council is scheduled for Wednesday, May 19, 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 May 4, 2010 meeting of Council adjourned at 7:57 p.m.