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City Council Meeting Minutes

March 15, 2011

 

CALL TO ORDER:City Council convened in a General Committee meeting on Tuesday, March 15, 2011 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

 
Stacey Boyer, member, Trinity United Methodist Church, 241 E. King St., York, PA, spoke about an article that appeared in the York Daily Record on March 13 regarding an order issued by the Fire Chief to demolish the church because an engineering study determined the building to be unsafe. The church is currently looking into how to handle the situation and whether to demolish or make repairs.

 
Joan Burgasser expressed concerns from Olde Towne East and Downtown East neighborhood associations about any plans to demolish Trinity United Methodist Church.

 
Steve Young thanked Mary Yeaple and volunteers for organizing the St. Patrick's Day parade. He then discussed a car accident he witnessed in which a woman plowed into another car. He said you cannot legislation behavior and that it all comes down to personal responsibility....i.e., responsible gun owners.

 
Michael Helfrich spoke about a 911 call he made where the dispatcher erred in procedures. He said he informed the County Commissioners and Police Chief Kahley about the situation.

 
Franklin Williams said he promised he would come to Council with a solution to our financial problems. He said we'll “rule out” bad ideas. He stated by cutting the budget this year, we'll only have to increase taxes for 2012, which he said should be ruled out. He then stated that Economic Development was a sacred cow about 15 years ago but asked when will it pay off? Also, he said the Keystone Opportunity Zone (KOZ) program didn't save us either as it ended up just helping us scrape by.

 
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: Jim Gross, Director of Public Works, and Kevin Schreiber, Director of Economic and 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 March 1, 2011 and unanimously approved them as written.

 
Correspondence and Announcements: Vice President Hill-Evans and Councilwoman Toni Smith read correspondence and announcements.

 
PRESENTATIONS: None

 
COMMITTEE MEETINGS SCHEDULED:

 
Fire Committee, Renee S. Nelson, Chair: Committee meetings scheduled as follows (in Council Chambers):

 
  • Tuesday, March 29, 2011, 6:30 p.m. - To hear findings on the Fire Department study from the Fire Chief.
  • Tuesday, April 5, 2011, 6:00 p.m. - Public comment related to the Fire Department study.

 
STATUS OF PRIOR COMMITTEE REFERRALS:

 
Fire Committee, Renee S. Nelson, Chair: Councilwoman Nelson reported that the Fire committee met on Tuesday, March 8, 2011 at 6:30 p.m. in Council Chambers to hear information from Fire Chief Buffington on recommendations from Public Safety Solutions on restructuring the Fire Department. The study, in part, included recommendations to close Vigilant Fire Station. Chief Buffington expressed concerns during the committee meeting that he felt the recommendations were misplaced as there are older stations that should be considered first. Committee members also discussed Fire Dept. costs associated with inflating overtime expenses.

 
SUBDIVISION / LAND DEVELOPMENT / HARB

 
Resolution No. 36, Session 2011, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness for work to be covered in the applications filed by Habitat for Humanity for work to be done at 351 E. Poplar St., and LSC Design & Kinsley Equities II for work to be done at 32 W. North St., was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 36 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
SUPPLEMENTAL AGENDA

 
A motion was made by Nixon, seconded by Smith, to waive the provisions of Resolution No. 215 of Session 1969 to permit consideration of a supplemental agenda containing one Resolution. The motion passed unanimously.

 
Resolution No. 37, Session 2011 (Supplemental Agenda Item)(View) A Resolution adopting the Municipal Records Manual approved on December 16, 2008 by the Local Government Records Committee, was introduced by Ray, read at length, and on motion of Ray, seconded by Hill-Evans, Resolution No. 37 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
FINAL PASSAGE OF BILLS / RESOLUTIONS: None

 
NEW BUSINESS

 
Introduction of Bill No. 6, Session 2011,(View) A Bill amending Article 513.14(s) "Parking Prohibited in Specified Places” to include the 300 block of N. George St. - east side, was introduced by Smith, read by short title, and deferred until the April 5 meeting of Council.

 
Introduction of Bill No. 7, Session 2011, (View) A Bill approving the 2011 Codified Ordinances Replacement pages, was introduced by Ray, read by short title, and deferred until the April 5 meeting of Council.

 
Resolution No. 38, Session 2011, (View) A Resolution appointing Mark S. Elion as a full-time Assistant Solicitor for the City of York effective March 10, 2011, was introduced by Ray, read at length, and on motion of Ray, seconded by Nelson, Resolution No. 38 came up for discussion.

 
Mr. Elion introduced himself and gave a brief background of his education and employment history.

 
President Ray asked what his salary will be. Assistant Solicitor Hoyt said between $52,000 and $53,000.

 
There being no further discussion, Resolution No. 38 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0. Council congratulated Mr. Elion on his appointment.

 
Pulled from agenda. A Resolution (View) authorizing the disposition of public records located in the City Clerk's Office was pulled from the agenda at the request of the City Clerk. City Clerk Dianna Thompson said that as a result of adoption of the current Municipal Records Manual (Resolution No. 37), she said she will revisit the proposed disposition schedule to be sure it is in compliance with the newly adopted manual. (Note: The 1993 manual was originally used but has been superseded by the 2008 version as adopted by Res. #37.)

 
Resolution No. 39, Session 2011,(View) A Resolution authorizing an agreement with Murphy & Dittenhafer Architects to provide architectural and engineering services related to 101 S. George St. (location of new City Hall), was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 39 came up for discussion.

 
Director Gross said in a nutshell Murphy & Dittenhafer will be devising a design and development plan that will also include electrical and mechanical engineering recommendations.

 
President Ray asked what the “Preferred (Final) Concept Design” involved. Director Gross said he didn't have that information. She then asked if a “not to exceed” amount has been determined. Director Gross said we have $500,000 budgeted for these services.

 
Councilman Nixon asked about the projected moving date. Director Gross said optimistically we hope to start moving by the end of July.

 
Councilwoman Smith asked if we will be keeping our current furniture. Director Gross said much of the furniture will be left behind as new furniture is in place for the new building.

 
Steve Young, resident, suggested taking this service out to bid. He said just because Murphy & Dittenhafer has been working with the city on this project for years shouldn't give them an automatic contract approval. Director Gross said this is a professional services contract which does not require bidding.

 
Franklin Williams, resident, asked if we now own 101 S. George St. Director Gross confirmed that the City of York now owns 101 S. George St.

 
There being no further discussion, Resolution No. 39 passed by the following vote: Yes – Nelson, Hill-Evans, Nixon, Smith – 4; Nays – Ray – 1.

 
Resolution No. 40, Session 2011, (View) A Resolution authorizing the purchase of two 2011 Ford Escape 4x4 vehicles for use by the Department of Economic & Community Development through the PA State CoStars Contract purchasing program (#026-004) at a total cost of $38,744, with the vendor for said purchase being Apple Automotive Group, 1200 Loucks Rd., York, PA, and financed through a 5-yr lease purchase agreement with M&T Bank and Real Lease, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 40 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 41, Session 2011, (View) A Resolution authorizing the release of security funds in the amount of $432,908.30 to the York City School District – related to the land development plan for Ferguson Elementary School – was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 41 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 42, Session 2011, (View) A Resolution authorizing the release of security funds in the amount of $16,740.24 to the York City School District – related to the land development plan associated with the Lindbergh Avenue School, 329 Lindbergh Ave. – was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 42 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 43, Session 2011, (View) A Resolution authorizing an agreement with the PA Dept. of Health for maternal and child health programs for the period of July 1, 2011 through June 30, 2013, at a cost of $135,512, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Smith, Resolution No. 43 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 44, Session 2011, (View) A Resolution authorizing a budget transfer for Economic Development in the amount of $26,090 for other professional services, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nixon, Resolution No. 44 came up for discussion.

 
Steve Young, resident, asked for details associated with the transfer as “other professional services” is a vague description. Director Schreiber briefly outlined the transfer.

 
President Ray asked that in the future, a memo or email be sent outlining the breakdown of transfer requests. Director Schreiber said he would comply.

 
There being no further discussion, Resolution No. 44 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Resolution No. 45, Session 2011, (View) A Resolution authorizing a budget transfer for the Bureau of Permits, Planning & Zoning in the amount of $171,768 for other professional services, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nixon, Resolution No. 45 came up for discussion.

 
Following-up on requests for budget transfer details, Director Schreiber briefly outlined said transfers.

 
There being no further discussion, Resolution No. 45 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

 
Note: The following email was received from Director Schreiber on March 16 further outlining the budget transfer requests approved by Resolution No.'s 44 & 45:

 
Per your request, below is a list of the additional expenses the budget transfer approved last night will cover. These are in no particular order, they were simply chronologically the last invoices to be received in 2010 and thus were held until the line items replenished to make payment. Please recall as I mentioned last night that C.S. Davidson and Bureau Veritas expenses are transferred to the permit recipient, therefore there is project specific revenue received to offset the expense. Let me know if you have any questions. Thanks!

 
PPZ OPS:
Bureau Veritas Inspections: $104,154
Bureau Veritas Plan Review: $48,412
CS Davidson: $3,044
JMT Zoning Ordinance: $11,494
Historic York: $1,927
ED OPS:
Blakey Yost Bupp Rausch: $22,965
Murphy & Dittenhafer: $1,348
Independence Communication: $840
Remace: $760
PHSI; $175”

 
REQUESTS FOR FUTURE MEETINGS: None

 
COUNCIL COMMENT

 
Councilwoman Smith discussed an incident where a resident was working on a property in the Historic District but didn't know that there were specific guidelines for historic preservation. She urged residents to be helpful and inform other residents of their responsibilities if they see they might not be aware.

 
Vice President Hill-Evans announced the Feed the Firemen appreciation dinner to be held at the York City Ice Arena at 3:00 p.m. on Saturday, March 19.

 
ADMINISTRATION COMMENT: None

 
NEXT MEETING: The next regular meeting of City Council is scheduled for April 5, 2011at 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 March 15, 2011 meeting of Council adjourned at 7:53 p.m.