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City Council Meeting Minutes

February 2, 2010

CALL TO ORDER: City Council convened in a General Committee meeting on Tuesday, February 2, 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. Mayor Kim Bracey was not present.

GENERAL PUBLIC COMMENT

Franklin Williams, 528 W. Market St., York, PA, suggested the city issue free parking permits to residents on the south side of the 500 block of W. Market St. during the hours Mason Ave. is closed. (Note: Lincoln Edison Charter School manages its traffic by closing Mason Ave. when releasing students, which prohibits property owners from accessing their properties and vehicles.) He also suggested that the traffic signal located by the small parking lot at the intersection of W. Market St. & Carlisle Ave. (next to Old Country Reproduction & District Justice Nixon’s Office) be removed because it’s unnecessary and holds up traffic. He said the sole purpose of this light is to serve that parking lot. Mr. Williams also suggested the “no turn on red” sign be replaced with a “right turn only” sign.

Steve Young, 9 N. Newberry St., York, PA, reported that Tom Foust, school board member, is in the hospital. He then discussed that handicap ingress and egress at Marketway West is a problem and should be addressed. Next, Mr. Young asked that residents support our local firefighters by attending the firefighter championship competition games. He said he hopes to raise $30,000 for entrance fees, uniforms, etc. More information may be obtained through his website at: www.peopleofyork.com.

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. Mayor Kim Bracey was not present.

Members of the Administration in attendance included: Jim Gross, Director of Public Works, Kevin Schreiber, Acting Director of Community Development and Director of Economic Development, John Senft, Fire Chief, and Michael O’Rourke, Business Administrator. Also present was Assistant Solicitor Don Hoyt. Wes Kahley, Acting Police Chief, 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 January 19, 2010 and unanimously approved them as written.

Correspondence and Announcements: President Ray read correspondence and announcements. President Ray then asked for prayers from the community for Tom Foust, York City School Board member, who is in the hospital suffering from a serious, life-threatening illness.

PRESENTATIONS: None

COMMITTEE MEETINGS SCHEDULED

Business Administration Committee, Henry Hay Nixon, Chair: Councilman Nixon reported that the B.A. Committee met this evening at 6:00 p.m. in Council Chambers to hear from representatives from the city’s auditing firm, Maillie, Falconiero & Company, LLP, its report on the city’s audit of financial statements for the year ending December 31, 2008. Representatives provided a thorough written report to the city, which is available for public review in the City Clerk’s Office, 1 Marketway West, 3rd Floor, York, PA.

President Ray asked if Council is required to take formal action on the audit. Assistant Solicitor Hoyt responded that Council action is not required as the audit is an administrative issue.

STATUS OF PRIOR COMMITTEE REFERRALS

Rules & Administrative Code Committee, Genevieve Ray, Chair: President Ray reported that the Rules & Admin Code Committee met on Tuesday, January 26, 2010 at 6:30 p.m. in Council Chambers to discuss the Rules & Procedures of Council. Committee members recommended various changes to the rules, which are currently being review by the Solicitor’s Office. Final recommendations are pending.

APPENDED AGENDA

Resolution No. 26, Session 2010, (View) A Resolution authorizing a borrowing in anticipation of current taxes and revenues by the issuance of a $8,250,000.00 aggregate principal amount tax and revenue anticipation note, series of 2010, was introduced by Nixon, read by short title, and on motion of Nixon, seconded by Hill-Evans, Resolution No. 26 came up for discussion.

Business Administrator Michael O’Rourke said this process is done every year to serve as bridge financing until the bulk of the real estate tax revenue is received. He then outlined the financing, interest, and payment schedule associated with this note.

There being no further discussion, Resolution No. 26 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

SUBDIVISION / LAND DEVELOPMENT/ HARB

Resolution No. 27, Session 2010, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the following applications as recommended and approved by HARB: Joe Musso for work to be done at 361 W. Market St., (rear), Charles Looks, All Type Roofing, for work to be done at 353 W. King St., and Paul Winter for work to be done at 37 N. Broad St. (Grace United Methodist Church), was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 27 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 1, Ordinance No. 1, Session 2010, (View) A Bill amending Article 1763 “Property Maintenance Code” to update definitions and include swimming pools and amend maintenance requirements for sidewalks & driveways, which was introduced by Nelson at the January 19, 2010 meeting of Council and read by short title, came up for final passage. On motion of Nelson, seconded by Hill-Evans, Bill No. 1 came up for discussion.

Fire Chief Senft explained that these are merely technical amendments to the code to clarify definitions and make corrections to existing language. He then briefly outlined the amendments.

There being no further discussion, Bill No. 1, Ordinance No. 1, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 2, Ordinance No. 2, Session 2010, (View) A Bill amending Article 933 “Sewer Rentals” of the Codified Ordinances to increase rates, which was introduced by Nixon at the January 19, 2010 meeting of Council and read by short title, came up final passage. On motion of Nixon, seconded by Hill-Evans, Bill No. 2 came up for discussion.

Business Administrator O’Rourke stated that the Administration considered our seniors citizens when amending these fees. He explained that instead of increasing the minimum rate proportionate to the $0.50 increase, they reduced the gallons so that the minimum charge stays the same.

There being no further discussion, Bill No. 2, Ordinance No. 2, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 3, Ordinance No. 3, Session 2010, (View) A Bill amending Article 951.12 “Annual Collection Fee Schedule” of the Codified Ordinances to increase refuse fees, which was introduced by Nixon at the January 19, 2010 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Nelson, Bill No. 3 came up for discussion.

Administrator O’Rourke outlined that refuse fees will increase by $0.50 for residential and $1.00 for commercial. He said this increase will cover administrative costs and will also generate significant revenue for the city.

There being no further discussion, Bill No. 3, Ordinance No. 3, passed by the following vote: Hill-Evans, Nixon, Smith – 3; Nays – Nelson, Ray – 2.

Final Passage of Bill No. 4, Ordinance No. 4, Session 2010, (View) A Bill amending the 2010 Budget for the Human Relations Commission to rollover 2009 grant funds into the 2010 budget, which was introduced by Nixon at the January 19, 2010 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Hill-Evans, Bill No. 4 came up for discussion.

Administrator O’Rourke explained that the federal government requires us to spend money according to its fiscal year; however, we budget according to ours. As such, we must project revenue and expenditures, which is then adjusted once actual figures are realized.

There being further discussion, Bill No. 4, Ordinance No. 4, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 5, Ordinance No. 5, Session 2010, (View) A Bill amending the 2010 Budget to appropriate revenue and expenditures in the amount of $142,000 for a Safer York grant through the Federal Weed and Seed Communities strategy for 2009-2010, which was introduced by Nixon at the January 19, 2010 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded by Smith, Bill No. 5, Ordinance No. 5, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 6, Ordinance No. 6, Session 2010, (View) A Bill amending the 2010 CDBG & HOME Program budgets to reflect changes resulting from actual funding levels rolled over from 2009, which was introduced by Hill-Evans at the January 19, 2010 meeting of Council and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Nixon, Bill No. 6, Ordinance No. 6, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

NEW BUSINESS

Introduction of Bill No. 7, Session 2010, (View) A Bill amending the 2009-2010 Budgets to transfer 2009 unexpended Homeless Prevention & Rapid Re-Housing Program funds in the amount of $693,600.00 into the 2010 Budget, was introduced by Hill-Evans, read by short title, and deferred until the February 16, 2010 meeting of Council.

Introduction of Bill No. 8, Session 2010, (View) A Bill amending Article 165.03 "Conviction of a Crime" of the Codified Ordinances to clarify “moral turpitude” with regard to employment with the city, was introduced by Nixon, read by short title, and deferred until the February 16, 2010 meeting of Council.

Resolution No. 28, Session 2010, (View) A Resolution reappointing James H. Anderson, III, as a member of the Susquehanna Area Regional Airport Authority, which term shall expire January 5, 2015; and appointing Sonia Huntzinger as a member of the York City General Authority, which term shall expire January 1, 2015, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Hill-Evans, Resolution No. 28 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Ms. Sonia Huntzinger was present and thanked Council and the Mayor for her appointment.

Jay Andrzejczyk, former member of the General Authority, said Ms. Huntzinger will be replacing him on the General Authority and he’s honored to have her serve in his place. He said it was a pleasure serving the City of York.

The City Clerk then administered the Oath of Office to Ms. Huntzinger.

Resolution No. 29, Session 2010, (View) A Resolution authorizing the purchase of (1) 2011 Ford F-350 Dump Truck with plow, through piggyback PA State Contract #25 in the amount of $53,658.00, which said purchase will be made from Apple Automotive Group, 1200 Loucks Rd., York, PA, and financed through Fulton Back through a 5-year municipal lease, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 29 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray- 5; Nays – 0.

Resolution No. 30, Session 2010, (View) A Resolution awarding a contract to Heidler Roofing Services in the amount of $88,614.00 to replace a roof on the Waste Water Treatment Plant control building, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 30 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray-5; Nays – 0.

Resolution No. 31, Session 2010, (View) A Resolution authorizing an agreement with the PA Dept. of Health to provide childhood lead poisoning prevention services in the amount of $293,270.00 for the period of July 1, 2010 through June 30, 2012, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 31 passed by the following vote: Yeas - Nelson, Hill-Evans, Nixon, Smith, Ray- 5; Nays – 0.

Vice President Hill-Evans reported the staggering numbers on those affected by lead poisoning and urged residents to get tested.

Acting Community Development Director Kevin Schreiber added that we have many historic homes that contain lead paint and unfortunately the effects are shown. He also encouraged residents to contact the Bureau of Health to set up an appointment for testing.

Councilwoman Nelson stated that lead poisoning has personally affected her family and though her home tested negative, her children tested positive. She said lead is not only found in paint, but is also found in soil, keys, and some green vegetables planted in your garden.

For more information on lead poisoning and testing, please contact the York City Bureau of Health at 849-2299.

Resolution No. 32, Session 2010, (View) A Resolution authorizing a release of financial security funds in the amount of $38,057.80 associated with the CODO 241 commercial/residential redevelopment project located 241 N. George St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 32 came up for discussion.

Vice President Hill-Evans reported that in essence, the $38,057.80 was a performance bond paid to the city for insurance until the work was completed according to project specifications. As the work was completed satisfactorily, these funds are being released back to the developer (CODO 241).

Economic Development Director Kevin Schreiber added that RGS Associates did a site inspection on December 18, 2009 to ensure improvements were constructed in accordance with the recorded plans. They verified that all improvements were 100% completed and recommended that all financial security funds be released. Additionally, C.S. Davidson followed up with an inspection and issued a letter dated January 20, 2010 stating that improvements have been completed satisfactorily and they also recommended security funds be returned to the developer.

Councilman Nixon asked why it took so long for the inspection when the property has been inhabited for several months now. Director Schreiber said he’s not sure but he would look into this to be sure proper procedures are being followed.

There being no further discussion, Resolution No. 32 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 33, Session 2010, (View) A Resolution authorizing a budget transfer for the Bureau of Housing Services in the amount of $20,000.00 to cover expenses associated with Program Delivery, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 33 came up for discussion.

Acting Community Development Director Schreiber outlined that as projections are used to determine revenue and expenditures, when actual amounts are realized, if they differ from the projected amounts, they must clean up their budgets to properly account for these funds.

There being no further discussion, Resolution No. 33 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 34, Session 2010, (View) A Resolution amending the 2009 Annual Action Plan to reflect changes within Program Delivery, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 34 came up for discussion.

Acting Community Development Director Schreiber stated that this procedure is customary whenever amendments are made to the Action Plan. This amendment is related to the $20,000.00 budget transfer previously approved (Resolution No. 33).

There being no further discussion, Resolution No. 34 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 35, Session 2010, (View) A Resolution authorizing a budget transfer for the Solicitor’s Office in the amount of $2,804.17 to cover services associated with Veritax, the auditor for the collection of the city’s business privilege tax, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Smith, Resolution No. 35 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: None

COUNCIL COMMENT

Councilwoman Smith announced that Council will formally recognize Serenity Rhoades, an 11-year old student, for saving a dog that was near death. Serenity will be presented with a Letter of Recognition on February 16, 2010 at 7:00 p.m. in Council Chambers. Councilwoman Smith said Serenity is an ambassador to the children of the City of York and should be applauded for her courage and determination.

ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for February 16, 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 February 2, 2010 meeting of Council adjourned at 8:12 p.m.