YOE BOROUGH Pg.1
150 NORTH MAPLE STREET
YOE, PA 17313
The regular monthly meeting of Yoe Borough Council was held on April 7,2009
at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA 17313. The meeting was called to order by Council President Sam Snyder at 7 PM with the Pledge
Council Members in Attendance:
Others in attendance:
Dana Shearer, Maintenance
John Sanford, Mayor
Pete Solymos, Solicitor
Jason Reichard, Engineer
Rodney Smith, Emergency Management Coordinator and his wife Norma
Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting. Any additions or corrections? Councilman Allar made a motion to
accept the meeting minutes of March 3, 2009 as presented. The motion was seconded by
Councilman Noll. All in favor. Councilman Snyder said minutes approved.
Councilman Snyder said let the record reflect that there are no visitors on the agenda.
Adv. for Solicitor Solymos said we have an ordinance advertised for
Ordinance 7:30PM for adoption, it’s on the lock box. The secretary said
it isn’t for lock box. Councilman Snyder said it’s for the tax.
The secretary said that is advertised for 7:30. Councilman
Snyder said the other one we are going to be just discussing.
Solicitor Solymos said on whether you want to adopt it.
Solicitor’s Report(cont.) Page 2
So we have the tax ordinance and we have the knox box that
you want to discuss. Then I can advertise it for adoption at
your next regular meeting.
Chronister Solicitor Solymos said with regard to the Chronister matter.
Matter I told you that about getting to arbritration. I got a phone call
today, this morning at my office from their attorney. I was
at a seminar, called him back around four o’clock, and he was
gone. I will report back tomorrow on the gist of our conversation.
But at least we have someone’s attention.
Agreement Solicitor Solymos said in regards to the agreement that we had.
You saw the letter that I sent out to the Riedels with regards to
that option agreement that we had, that we were exercising the
option. I’ve gotten no response, has anyone else gotten any
response? You or Seth? Councilman Allar asked was that sent
out certified? Solicitor Solymos said off the top of my head, I
don’t know. I’ll check on that.
Action Solicitor Solymos said with regard to the action for quiet title,
For I checked the court records, found out what had happened there.
Quiet Title The municipality was obviously never notified, I received a
phone call from an attorney, Eugene Campbell, who discussed
it with me and said he didn’t realize that it was a municipal
roadway. And that they’re prepared to withdraw their action to
quiet title. I said I would bring that up at the next meeting. If
there were any specific criteria, to withdraw, would let him
know. That pretty much covered everything that I agreed to do.
Draft Solicitor Solymos said you have the draft ordinance on the lock box.
and And you have the resolution. I chose the ordinance and resolution
Resolution from because I thought it made more sense because in the resolution
the specific criteria are there. And those can be modified by resolution
from time to time without amending an ordinance in its entirety. East
Manchester and York Township ordinances are quite simple except
York Township did break down into ordinance and resolutions. Thank
Barry for getting me that stuff.
Councilman Myer asked do we want to discuss this now on the knox box?
I see in the minutes that there all kinds of issues. Councilman Snyder
said we’ll clean up all this other stuff then we’ll get right on that.
Solicitor Solymos said you can do that, you don’t need me. You can
just tell what additions or corrections that you want. I’ll make whatever
Solicitor’s Report(cont.) Page 3
you want. That’s basically drafts, for discussion purposes, you are
ready to roll on it. I’ll advertise it for May adoption, with your changes
York Solicitor Solymos asked has everyone had chance to look at York
Township Township’s request that we sign an indemnification and hold harmless
Agreement agreement, for some work that they plan to do. The secretary asked
if I copied everyone? I don’t think I got it in time. Councilman Snyder
said yes. Solicitor Solymos said maybe you want to bring that up on
the technical aspects. Then I can give my opinion as a whole. Mr.
Reichard said its pretty basic, we’re going to dredge the sediment, and
there are two sewer mains within the area of the basin. One of them goes
directly through the middle of it. One is parallel to Springwood Road.
Basically, if there is any municipal hold harmless agreement for the
borough for safety. Solicitor Solymos said there going to do the work
and we’re going to hold them harmless from any or all liability. Mr.
Reichard said we’re going to be doing the work. Solicitor Solymos said
we’re doing the work and holding them harmless. If we mess up, its our
responsibility, we’re doing the work. Its my understanding that it’s the
type the work, that you are covered for at this municipality. The
indemnification clause is very similar to any other indemnification
clauses. I don’t have a problem of you entering into that. Let York
Township go for it. Councilman Allar said does it matter that we use
them to do the actual in and out of maintenance to clean it out. In
other words, using their trucks and their people, an they are going to
clean it out. Solicitor Solymos said well I think the hold harmless as
I recall, its been a couple of days since I read it, refers to the work
that is being done. Mr. Reichard said it says, contract for the restoration
of the flood impoundment area, in around Springwood road. It expires
once the project is done. Solicitor Solymos said once the project is done,
that’s it. Therefore we are holding them harmless for it. I don’t have a
problem with that. The secretary asked should a copy of that go to our
insurance carrier? Solicitor Solymos said yes. Mr. Reichard said do you
want to have more detailed language in this,once this project is complete.
Solicitor Solymos said you can put that language in, maybe we’ll do that.
You can add that. I would tell them you want to see that. We need a
resolution authorizing us to enter into a contract. If you want to enter into
that contract, then authorizing entering into the contract, the indemnity
agreement is a contract, we need a resolution authorizing us to enter into
that. Councilman Allar said in paragraph 5, you are going to pay for this,
before/after, I don’t know what kind of numbers they’re talking about?
Councilman Noll said about $200.00 to $300.00. The area should be
cameraed so if there are any cracks before, its documented. Councilman
Snyder said so they can’t come in and say we did it after the fact. Mr.
Solicitor’s Report(cont.) Page 4
Reichard said if we break it its going to be from heavy equipment.
Councilman Snyder said I think the only question here that Tom probably
does, is what its going to cost, as far as we’re responsible to do it. You
say we probably want to do it, but don’t have the cost figures on how
much its going to cost. A couple hundred bucks. So do we want to have
Jason to contact them back and have them add that in, expires.
Councilman Allar said on the top of page two, it talks about damage
caused to the property that arises from the project and any work related
thereto. I don’t know if that is about maintenance or not? Solicitor
Solymos said I don’t think that applies to maintenance, you are talking
about thee project. Councilman Allar said my only concern is that if
anything breaks down the road? I don’t worry about us doing something,
the lateral that goes across the center of the inlet, that would be the
case of harmless. The one that we would be running over that’s depth
enough, I don’t see that causing any difficulty. What may happen, when
we run over it. That is one of the six reasons that I wanted it set outside
the basin. Catch basin on the outside, do the maintenance without running
over it. Councilman Noll said get it inspected before and after, get
a video. They usually make a video and we should request a copy of that
video for our files. Mr. Reichard said we own that property, we have the
right to use the property, there is no difference with that line being there
or a line in the middle of the street. Councilman Allar said oh yeah we
have the right but I’m just saying, you know how these things work.
Councilman Snyder said we will have Pete draft Resolution 2009-08,
which will allow to enter into the agreement. A motion was made by
Councilman Noll to have that done. The motion was seconded by
Councilman Howett. All in favor. Councilman Snyder said so be it
resolved. A motion to sign the agreement with York Township by
Councilman Manns. The motion was seconded by Councilman Myers.
All in favor. Councilman Snyder said motion carried.
Open Solicitor Solymos said Sandy was good enough to provide me with
Records information with regard to a recent decision of the Open Records Board.
re: Emails With regard to emails. Indicating that emails are part of the record of
the municipality. And should be kept. Sandy didn’t have a problem
keeping record of emails that she had. I. E., emails that came into the
municipality from citizens, that came into the municipality from borough
council or any one else. I think the primary question that you had
Sandy is how does she have a record of Tom’s email to Seth. And is
that something that the Open Records Law requires, if you are discussing
municipal business. I’m not a computer whiz, I ran it by, its my
understanding, you would have any problem forwarding those emails
to the municipality so they would have copies of your emails. And the
ruling is that those emails must be produced. Now how the municipality
Solicitor’s Report(cont.) Page 5
produces your private emails amongst each other. I don’t know.
Councilman Noll said was that brought about because of York
Township. Solicitor Solymos said yes. The secretary said that
was a different suit, its whole different one. Solicitor Solymos
said the one with York Township just came out, involving
a similar situation. Councilman Noll said I had the opportunity
to sit down and talk to Elizabeth, I don’t think how I realized
how much the Open Records Law, they had one person
come in and request all the emails on a certain time, something
that happened a few years ago. She had over eighty hours of
staff on all these emails and have to do it in the time period.
The secretary said five days or you can ask for an extension of
I think thirty days. Councilman Noll said its, they had thousands
of dollars in it, for the person to come in and look at the emails for
five minutes and so okay thanks. A person in York Township wants
to be copied on every email that goes through the township, it doesn’t
matter what it is, what it pertains to, they feel they should be carbon
copied on every email that is sent to the township. I think they may
have even found, that yes, they have the right to that. Solicitor
Solymos said the ruling was that yes, that should be part of the record
for the municipality. Which I suspect, will result in, borough council
people not emailing each other. Councilman Noll said one thing that
she suggested which I thought was a good idea was if we do want to
use email, we might want to set up an account that is for borough
business. That’s the only thing you would want to use that account
for. Because you’re right, they can come to Kinsley Construction and
subpoena my computer and go back through every email that I sent.
They could come to your business and subpoena your computer. This
opens records law is a mess, a complete mess. Solicitor Solymos said
to many lawyers. Something I told Sam earlier on. Its really frightening
for a municipality. For Yoe Borough, fortunately its okay. What I’m
seeing more and more in municipality, is a run on municipal staff because
of getting records. What you’ll have, I’ve seen it in other municipalities,
is five or six people coming in and asking for the exact same records.
Over and over again. And I know another municipality in the last three
years we’ve been asked for emails, but at that time they weren’t giving
out emails. This new ruling changes that. I think that puts a real chill
in communications. Councilman Noll said they said basically, it’s a
way of wasting taxpayer money and taxpayer time, basically to fight
the system. That’s how they chosen to look at it. Solicitor Solymos
said and I’ve heard that’s true because one person in another municipality
that I represent, subpoenaed all my billing records as the zoning
solicitor to compare billing records of York Township. Because they
were upset with the bill. So yeah, York Township, when you get into
Solicitor’s Report(cont.) Page 6
these bigger municipalities, and they get into these big problems,
like developing Springwood and all that kind of stuff. Councilman
Myers asked is it relatively easy to get a subpoena, can you just?
Solicitor Solymos said there’s got to be a reason for a subpoena.
Councilman Myers said they’ll get a subpoena for your records?
Solicitor Solymos said it depends. With the Open Record law,
they just come in and ask for all the records. What Seth was
talking about, they may need a subpoena for his records, but if
they get it, what are they are they going to get. Councilman Noll
said its scary. Solicitor Solymos said what else is on his hard
drive, with all due respect. And want they got it, they got everything.
Councilman Allar said if I had something that opens up another
whole set of files, they you have three four. Solicitor Solymos said
I am not recommending anything, but it would seem no one has
everyone’s ever said, tell us about your phone communications, that
you have a memo of what you said on the phone. It would seem to
me that we are going to all go back to landlines. Councilman Myers
said yeah. Solicitor Solymos said because these things could be also
gotten records. It’s really scary what they. Councilman Snyder said
the other thing with this email with record retention, nothing says
how long you have to maintain and retain an email communication.
So if I email say the mayor about something, I’ll just go in and
delete it. That’s not addressed under record retention that you have
to retain it for three years, or seven years, or something like that.
Solicitor Solymos said if you delete it immediately, I think it will
be contrived that you were trying to hide evidence and I’m going
to tell Sandy that what emails come here, stays here. Councilman
Snyder said cause I know that is one thing that they addressed in that
open records thing about. Solicitor Solymos said all emails back
and forth, we start emailing, I understand that, what is going to happen
in the next fifteen years, there’s not going to be anymore post office.
Everything is going to be done by email. In our firm, only two
insurance that use mail anymore. All our work with insurance companies,
representing their interests, is all by email. Councilman Myers said
this open record, like this paper that is here, four of our social
security numbers are on it. Someone can come in and get our social
security number. Solicitor Solymos said probably, but what I would do
take the position with the social security number, that when we give
information, that we black out, we tell them what was there, the
social security number and not give it out until we get a court order.
The secretary said I think that might have been addressed in one of those
notices. I don’t think you give out a date of birth either. Solicitor Solymos
said its best not to disclose anything like that. Councilman Noll said
that’s kind of scary, because that’s the next step, so many of us, going
Solicitor’s Report(cont.) Page 7
through our work email. Can imagine if someone came to the
school district and asked? That’s what its coming to. Councilman
Snyder said so you will keep us appraised. Solicitor Solymos
said we’ll keep you updated on it, the one that you sent me is
different than the York Township one. That’s a wonderful
way to drive people crazy on a politics standpoint. The
secretary asked is there going to be a policy that we’re going
to go by? Solicitor Solymos asked for what, emails? The
secretary said yes. Solicitor Solymos said my recommendation
is to add to our policy that all emails to and from the
municipality will be maintained by the municipality. Leave it
at that. Councilman Allar said there are going to be bigger
and better brains working on this, than us. Councilman Snyder
said we can do the same, and go into PENN DOT right now,
I want to find out why my road didn’t get plowed. I want every
email communication in District 8. Solicitor Solymos said if
anyone wants to go to municipal law colloquium in May, one
the sections deals with PENN DOT. One hour stance. I don’t
know how they are going resolve dealing with PENN DOT.
There is a day on tort liability on municipal officials.
Councilman Snyder said we have about two minutes before
we can open up this hearing for this ordinance. Anything
else for the solicitor?
FEMA Councilman Noll said I do have, I don’t know if you want
to talk about this now, have you heard anything, I’m getting
a little concerned about FEMA about the redistribution
of the maps and being required to now, pass an ordinance or
have flood ordinance to do that. Mayor Sanford said I have
a letter on that, that I’m going to pass off to Jason. Councilman
Snyder said that’s, what I was going to ask about. Councilman
Noll said if we don’t have it done by the date. Councilman
Snyder said I think its September 9th. Mayor Sanford said
we have a couple months on that. Councilman Snyder said
yeah, because we’re going to actually, we’ll be passing this
off to our engineer, because there is more involved in this.
The secretary said I made two copies because I didn’t know
if Pete would need a copy. Councilman Snyder said yes,
just for your information, Pete, that’s the ordinance. It’s
pretty in depth, I went online, basically you look up your
municipality, I think ours is that Schedule D, we have to
meet the requirements too. I pulled off that ordinance and
its like 80 some pages long. So. That is what this is. We
Solicitor’s Report(cont.) Page 8
to update our floodplain ordinance to. So I was going
to pass that off to Jason, because I’m sure C. S. Davidson
is going to get into that. And tell us what we need to do
by September 9th. Solicitor Solymos said I’ll need marching
orders in August, I’ll draft what you need. Councilman
Snyder said because you have model ordinances that we
can use. Mr. Reichard said I didn’t think you guys had to
do anything. We have our guy in our office, that is up to
speed on all of this. He had told me that two of my clients
that need to do anything, Yoe not being one of them. I’ll
follow up with him to make sure. I think your ordinance
you have is okay, and no change to the floodplain.
Councilman Snyder said I’ll give you this. This is what I
copied off. This is the original email that I got from York
County Planning and that’s why I went in and Yoe Borough
was on the list. And here is the suggested provisions.
Councilman Noll said a deadline of August 21st to send
it to DCED. Mayor Sanford said I have the 22nd. Mr. Reichard
said we had a guy through all of it, to check the municipalities.
Councilman Snyder said we’ll keep that as a work in progress,
just report back to us what you find.
Public Hearing for Ordinance 2009-01 at 7:34PM
Councilman Snyder said I’d like to recess the regular meeting and
open up the public hearing to discuss Ordinance 2009-01. Basically its, being
enacted and ordained that the per capita and occupation tax of Yoe Borough,
is hereby repealed effective the year 2009. Any further discussion on that?
The secretary said its 2010. Councilman Snyder said I thought it was 2009.
The secretary said she already sent the bills out for 2009, this year. You have
to make that 2010. Councilman Snyder said I didn’t take notice to that. Said
when you get back, you need to change it to 2010. Any discussion on that?
Councilman Noll asked is that just referencing the per capita? Councilman
Snyder said its hereby repealed, its gone. Let the record reflect there is no
visitors to comment. Council? A motion was made by Councilman Noll to
pass Ordinance 2009-01. The motion was seconded by Councilman Manns.
All in favor. Councilman Snyder said so be it ordained. Just get us a new
copy of that?
Closing of the Public Hearing at 7:35PM
A motion was made by Councilman Myers to close the public hearing at
7:35PM. The motion was seconded by Councilman Noll. All in favor.
Councilman Snyder said hearing is closed. I ‘d like to reopen the regular
Closing of Public Hearing at 7:35PM(cont.) Page 9
Solicitor Solymos said you’ve gotten my full report, any questions for
me on anything? Councilman Snyder said to be totally honest I think
we can get you out of here real quick. Barry is there going to be a lot
of discussion on the knox box thing. Councilman Myers said that
depends on you. I don’t think so, I can through it a little bit.
Knox Box Councilman Snyder said the only thing, actually one of
my issues that I had with it was addressed in the ordinance.
When I finally saw an ordinance, and its only applies to
businesses which already have an alarm system in them.
Councilman Myers said right. Councilman Snyder said
that answered my whole question, we would put a knox
box in a business that doesn’t have an alarm system,
that took care of some of the other discussions. So if they
don’t have an alarm system, its not an issue. The only
other question I had, I did see based on, because we took
York Township’s criteria on the resolution. It didn’t
mention tenancy, as far as tenant rooms, is council aware,
do we want to make a distinction between a business
such as Yoe Parts, I think of as business as and tenancies
such as the apartment building. Councilman Myers said
what I’d like to see, the apartment building is a prime
example, they have an alarm in there. Its not a phone
dial alarm, its just a loud alarm that goes off, audible
alarm. That can cause us some grief too. In the ordinance,
I think its in there, I just want to make sure that. Solicitor
Solymos said I don’t recall to be honest with you. Going
over it, I was looking at it, by the standpoint. Councilman
Snyder said it didn’t really specify that you had to be,
it just said any commercial establishment. I would take
a commercial establishment, just like we did our other
ordinance for inspection, if they are in it to make money,
you know renting it out, then it’s a commercial establishment.
Councilman Myers said right. Councilman Snyder said so
it would take care of our apartment dwellings. The fact that
it says they have to have alarm system, that takes of someone
renting out their house, they don’t have alarm system they
don’t have put one on. Councilman Myers said exactly, we
weren’t after a house. Councilman Snyder said people like
that, that’s where my confusion came in last month, it was
Solicitor’s Report(cont.) Page 10
like why would you be worried by knocking in someone’s
door if they don’t have an alarm. The only reason you’d
be there is because someone smelled smoke or saw a flame
or something like that, so you’d bust in the door. Councilman
Myers said the only thing that if I’m correct with this, we
don’t want to have an establishment like some of those
we have in Yoe Borough, that decide to take our their
alarm system, that’s bad. I don’t want to deal with something
like that. The thought process is, one reason is you know
the Yoe Auto Parts the block there, scares the heck out of me.
It depends if something gets going, and we don’t get told
about it right away, we could have all kinds of issues besides
losing the block. I don’t want to lose any firemen. That’s what
I’m after. I don’t want to lose any life or any firemen. That
area up there, that could happen. That’s scary. That’s what.
Councilman Snyder said the only other suggestion, and I
wasn’t in the resolution that is going to passed with it, I think
came from a comment from York Township which there is
no requirement that if they changed locks, that the keys had
to be changed to fit the new locks. They change property
owners, change tenancy. Councilman Myers said I thought
it was. Councilman Snyder said that was a statement that
the York Township guy made, I didn’t see that requirement
in the resolution. The secretary said Mr. Landis made that
comment to me over the phone. Councilman Snyder said
I think that would be one thing that we would want in the
resolution. Councilman Myers said it needs to be updated.
Councilman Snyder said that’s one nice thing, its in a
resolution, we can update it at any time. Solicitor Solymos
said yes, by resolution. Barry, why would Manchester
Township have the box at eight feet? Councilman Myers
said its just one extra step to keep someone from breaking
into it. Fire departments have ladders on the trucks, that’s
the thought process behind it. The biggest thing is they
have an alarm system, they really want you to have the
burglar part hooked up into it, so even when we open it
up the alarm goes off. Councilman Snyder asked so
is there any other comments or questions? At that point
we can give Pete the marching orders. Councilman Allar
said Sam had asked about the legal liability, we are
recommending a certain box and its knocked off, I don’t
quite understand you said that could be the basis of a
lawsuit. I don’t see how we could be liable? That was
one question that came up last month. Solicitor Solymos
Solicitor’s Report(cont.) Page 11
said I don’t recall. Councilman Allar said its in the minutes.
Councilman Snyder said I remember asking about it because
I thought again, tell me the logic here, you are telling someone
to put all their keys on the outside, what happens if someone
breaks in because we told them to put their keys out there, would
we be held liable for that, could we be? Solicitor Solymos said
what I probably said, is that we would probably be sued, that is
number one but we’re still under the municipalities tort claim
act. And under the act, this is not one of the seven exceptions to
the criteria under the act. Councilman Allar said right, the fact
that you are recommending, or the process of persons come
to us in some way, that doesn’t relieve us professionally
under the tort act. Solicitor Solymos said I would think that.
Councilman Allar said I was just wanted to make it clear,
that was the way I was looking at it. Councilman Myers said
they are pretty heavy, I have one here. That this is the one
that we have in the fire truck but they are built the same way.
They get recessed on the side of wall. The box that is here is
for the key. Stick the key in there and its locked in there. And
the driver has to call county control for a special tone, when the
light turns green, turn it, we always call after it. We let her
know we are entering the building, let her know we are leaving
the building and locking the box and we put the key back into
the truck. So that way there is a tape trail, not just a paper
laying in there. Councilman Noll said I have two questions,
what mechanism do you use for education, how do we get
this out to businesses, hand it out when we issue an occupancy
permit. Mayor Sanford said York Township, really doesn’t
have a. Councilman Myers said when they pick up their
permit, the application they say something to them. Councilman
Noll said for existing business, because if we don’t have a notification
method, someone can say well I didn’t know about it. Councilman
Myers said when they started at York Township, when it was instituted,
they sent out letters out, they already had an alarm code so they
knew who the alarm people were, the businesses. Sent out a letter,
advising them they had a year to install. Councilman Snyder asked
do you have that information? Councilman Myers said I have a
pretty good idea who they are. There’s only a couple of them.
Councilman Allar said I think we should notify businesses that
don’t have it in now, they could put it in next month, next year.
Councilman Myers said they have to abide by our ordinance,
they have a year to do it. Councilman Allar said it doesn’t matter,
if they don’t know it, they don’t know it. Councilman Myers said
I agree they should be notified. Councilman Allar said then they’ll
Solicitor’s Report(cont.) Page 12
come along and put something in and then penalize them.
Councilman Myers said I don’t have a problem with the
fire company notifying, we can do that. All the fire
departments are trying to do, is to get one key to fit,Yoe
Red Lion, Dallastown, and Windsor Township. York Township
won’t play, they don’t want to share, whatever their
reasons, that’s fine. We’re working together for all the
municipalities. So far everyone is on board. Windsor
Township, just started writing the ordinance, because
the actually emailed me. I don’t how I got the be
the guy stuck with the project but. They emailed me
with questions. Councilman Snyder asked so can we
give Pete his marching orders to advertise the ordinance?
Looks like there is a consensus of council to go ahead
and advertise the ordinance for next month. Might as
well, we already have the resolution. Councilman Allar
said to answer the question about apartments again,
are they in or out? Councilman Snyder said they’re in,
if they have an alarm system. Councilman Allar said
okay, and commercial buildings, you’re talking about
the church, any public areas. Councilman Myers said
only if they have an alarm system. Councilman Noll
said one other thing that a lot of municipalities are doing
if you want to put it in this ordinance, put an emergency
contact list in there, so if the fire department gets in.
Councilman Snyder said we can change that in our resolution.
Councilman Noll said I’d like see that as part of it.
Councilman Snyder said that’s the nice part of this, after I
actually read over the actual ordinance. They don’t have
an alarm, if they have an alarm system, I understand why
we want. Because you’re going to be breaking down a door,
it’s a false alarm, then like you said, you have to stand there
and protect the property until someone gets there. If it didn’t
have the alarms, they takes care of a lot of issues. Councilman
Allar asked what’s the application process, the borough?
Councilman Myers said in East Manchester township, they
go through the fire company, fire company gives them an
application, that already has everything needed on it, they fill
out the rest, they send a check to the Knox Box Corporation and
they mail the box to the organization. It comes open, they get it
mounted, they put the keys in. The secretary asked if he is going
to change the language of the resolution? Councilman Myers said
it probably should be in there how to get the application. We can
have some here and at the fire company. The secretary asked
Solicitor’s Report(cont.) Page 13
and include Seth’s thing? Councilman Noll said a point of
contact. The secretary asked why wouldn’t you want to do it,
if you are going to adopt the resolution next month? Councilman
Snyder said we could. The secretary said instead of forgetting
about somewhere down the road. Councilman Snyder said
Pete, pick that up then, change that resolution for Seth’s, we’re
going to adopt that anyways. Solicitor Solymos said if you’re
going to be discussing other things, then I’ll bet they’ll be more
than just said. Councilman Snyder said that’s what I was thinking.
Solicitor Solymos said just give it to me and put it in the resolution.
Councilman Snyder said as the month progresses there might be
more to add. The main thing is to adopt the ordinance, then the
resolution we can play with. The secretary said I didn’t want it
to be forgotten because things get forgotten a lot. Councilman Myers
said once we get the municipalities all on board, we as the fire
departments have to sit down with them. Right now you just can’t
go and buy a box. You pull up the website, which fire company, we
have to sit down with the company. Have to know who the players
are. Solicitor Solymos said I’m going to put something in there about
emergency contact in the resolution that you have right now. Councilman
Myers said you should have at least two or three names not just one
name. Councilman Noll said since we have a form from another
municipality, just copy it. Do you want to be notified when they put
it in, do you want the fire department get notified? Councilman Myers
said that’s what they do in York Township. Councilman Noll asked
does that say that in the ordinance? Councilman Snyder said it says
it in the resolution. Is the spot acceptable to the fire chief or something
like that? Councilman Allar said you won’t have to worry about
someone prying them off? Councilman Myers said honestly. Councilman
Snyder said that’s the nice thing about it, they have to be an alarm
system, if someone knocks with it, they’ll set an alarm off and then
it will send the police there. Councilman Allar said if you try to open
it and take it off, is there an alarm? Councilman Myers said it would
break the circuit. Councilman Snyder said as soon as I saw that, that
took a lot of those questions away. Anything else for the Solicitor?
Dam Mr. Reichard said the biggest project is the dam flood impoundment
Project area restoration project. Unfortunately we have not received our notice
for the Army Corps of Engineers on what we are going to have to do
in terms of permitting. March 11th, they had a meeting, an in house
meeting to make the determination, I’ve contacted them several times
since and I’m told there is a draft letter being circulated through
Engineer’s Report(cont.) Page 14
department, that will be issued shortly. So. They can’t release the
verdict, I guess until the supervisor signs off, makes a statement
himself, Mike Danko. He apparently has it all written up, the
issues, the one being the violation of the mitigation area not
being maintained and the second one permitting required for
the proposed work. I wrote a letter. Councilman Snyder said before
you get off that subject, you’re in touch with the person with Rettew,
since they’re keeping on two different issues, if we hear of a
penalty or something, Rettew is going to be kept in the loop with
that. Mr. Reichard said yeah. I have the contact information, at this
point we don’t know what we’re going to do, what our options are.
I did write a letter to York County Planning Commission and DEP
Grant center, providing an update, I let that set a little bit hopefully
we will have some information that we were going for. That was
April, I need to get something back from them on that. I did speak
to Wayne Lingle, with DEP grant center, he seemed to be really
easy going about the project and far as he understands the situation
that we’re currently in, we’re waiting. He didn’t seem to be too
excited, will update him. Along these same lines, the Local
Government Capital Project Loan Program, we received an official
letter stating that borough’s project did not satisfy the eligibility
requirements. That puts an end to that. U. S. D. A, something that
Tom and I spoke about actually this month, United States Department
of Agriculture they have grant program that is currently set up, there
is an application that’s actually due the tenth, which is Friday. Basically
the only thing that we have some chance of eligibility for is wetlands.
They offer $1500.00 per acre, to establish an easement on property
that a municipality owns, to restore wetland areas. Unfortunately the
borough doesn’t have a piece of property that is really set up for that.
But it does give us an option, to work with the township. I spoke with
Jake Romig, from ECCO Construction who is heading up the Mill
Creek Preserve project. I talked to him. They have about about seven
acres that was acquired by the township, some time ago, that’s not
ideal for anything other than a preserve. So, they have interest in
making wetlands and trial type system, ¼ to ¾ acres of wetland and
they feel there is more than enough room for us to tag along. Jake
Romig and an individual from USDA was going to be out I think
yesterday to take a look at the sight and go from there. What may
happen is, we end up sponsoring a grant, the township goes for
grant, pull it all together, ideally is that what we would want. I’ll
follow up on that for the borough.
Engineer’s Report(cont.) Page 15
Budgetary Mr. Reichard said I sent out some requests for budgetary estimates
Estimates for the project, I don’t want that to be part of public record, can
we go into a quick executive session to discuss that? I don’t think
want estimates and numbers from various contacts, I don’t want that
as part of the record. I want to do that, that way. Councilman
Snyder said I would think that if someone gave you a number in
confidence, and you released that in a public meeting. I would
think you could be sued for some type of negligence there. I would
we could go into an executive session to discuss potential litigation,
so we don’t get sued in violating someone’s trust. I would think that
would be a, because you can only go into executive session for
litigation and personnel issues. And I’m thinking here, how do you
turn this into a litigation thing, well if you discuss numbers that would
put someone in a disadvantage, you probably could be sued for it, I
would think that would be a reason, that’s our logic for going into
Executive Session at 7:55PM
A motion was made by Councilman Myers to go into executive
session at 7:55PM. The motion was seconded by Councilman Allar. All in favor.
Councilman Snyder said so be it.
Reconvening the Regular Meeting at 8:05PM
Wetland Councilman Allar asked on that wetland grant you had talked about
Grant I know its on your letter. Mr. Reichard said its wide open, its due
on Friday. I would need authorization to fill out a one page. Actually
I don’t need to do anything, Jake Romig is going to take care of that.
Councilman Allar said you probably need to cover for Jake. Mr.
Reichard said I think we’ll be going for three. Councilman Allar said
do we have to make a motion. Mr. Reichard said just do it as, fill
out the grant of behalf of the borough, how that works out. Councilman
Snyder said, okay there is a consensus of council to work on that,
let the record reflect that coming out of executive session, no issues
need to be addressed.
Mr. Peacock Councilman Allar said last month, there was that program recommending
Recommends reserve program from Gary Peacock, that is private only, not for
Program municipalities. When you talk to Jake Romig, ask him about the
Engineer’s Report(cont.) Page 16
wetland requirements being wrote out, to award the partnership.
Mr. Reichard said I mentioned it to him. I talked to him about,
it kind of got side tracked initially, until we figured out. Councilman
Allar said the Corps of Engineers is talking about the whole
watershed, it opens us up. Rather that paying money from the
reserve fund for wetlands, I’d rather try to find another place for
the water shed. Mr. Reichard said right. Councilman Allar said
you know they are going to come after this. Councilman Snyder
said that’s why we have Rettew there. Rettew is going to take
a hammering here depending how hard they come down on us.
Councilman Allar said it won’t matter, because that’s still
ancient history,we still have dot the I’s and cross the T’s. That
no longer applies to what we’ve got to do. They’re saying,
yeah you didn’t do the easements on Basin One, so what.
Now you don’t put it in Basin One, find an easement for
a new site. Mr. Reichard said we’re still going to have to do
the easement. Councilman Snyder said if there’s a penalty
Dam Mr. Reichard said we have a dam safety inspection notice on
Safety both structures, stamp dated the third. Mary Beth Lutenberger
Inspection of Dam Safety was down, basically checked off as okay for
Notice both structures. Stated that sediment should be removed.
Follow Councilman Snyder said and I only have one follow up while
Up we’re still talking about the dams and we did receive a letter
State Rep. from State Representative Ron Miller, in which he is indicating
Miller support for our dam project. Councilman Allar said that’s actually
the second one he sent. Saylor and Mike Waugh, they all sent
Yoe Borough Mr. Reichard said the last thing I had is the Yoe Borough Park.
Park Got our staff and pulled our plans together since they last meeting,
we went those up to DCNR for review. I’m still waiting for a
response from them on the status. When they say, yes the agree
to them, then we can finalize the plans. Councilman Allar asked
when did you send them? Mr. Reichard said a week after the
last meeting. Some where around there. Councilman Noll presented
a set of plans for the pavilion and toilet facilities for the office
and Dana. The secretary said she’ll give them to him tomorrow.
Email Mr. Reichard said we received an email and forwarded it to, the
about American Recovery and Reinvestment Act of 2009, where they
Engineer’s Report(cont.) Page 17
American 220 million available for waste water projects,65 million for
Recovery green water and 20% is that is set aside for green infrastructure.
and Energy, efficient improvements, storm water quality, water
Reinvestment quality improvements, innovations with energy, upgrading
Act of 2009 to new, upgrading solar panels, alternative sources of energy,
this of that nature. It just came through, I didn’t know if the
borough had any ideas of projects that may fit in that along
that line. Councilman Noll asked can we get the lighting in
the park in that? Mr. Reichard said maybe an upgrade of type
of light? Councilman Noll said better efficiency. We are
looking at something similar to that at properties, a lot of
that goes with new fixtures, would park lighting qualify?
Mr. Reichard said maybe, we don’t know at this point. Its
there, the details haven’t been issued at this time. Councilman
Snyder said the two things that I had that I wanted to bring
up questions concerning that. One, could the borough go in and
get like a high efficiency furnace for here, the municipal
office because I see our gas bill is four hundred some dollars
a month, and I know especially in the winter time that thing
is run quite a bit. And the second issue was, I remembered
Dana mentioning months back, about looking into the
possibility of maybe windmills cause we are in a high elevation
to generate electricity. What you ever found out about that, if
you found anything, could we apply that to it and say let’s
put a windmill and generate our own electric. You know, if
its $150,000.00 but they’re going to give us the money, I mean.
I don’t have a problem putting a wind mill up. Mr. Shearer
said we aren’t in the cycle for grants for that, but I expect to
see projects like that sometime. I have been following the
Department of Energy website, DEP. So a few things you
can come back to. Councilman Snyder said I guess my question
is, is there something that we could put a windmill on top of
this building just to generate enough electricity, even if its
just enough for the building. Mr. Shearer said you would have
a tall tower, back here near the property line. That would be
you would look at a smaller version, to generate. Maybe one
at the park. The one thing about it, we’re part of Pennsylvania,
we are way down on wind efficiency. Don’t ask me why?
But they don’t consider us high up on the efficiency scale.
Councilman Snyder said maybe we just notice it around here
because I remember I think the county plan showed that this
area right here, of Yoe, cause they mentioned it, is the highest
point in York County. Believe it or not they listed this? Which
actually probably be the hill right up here at Mac Jones.
Engineer’s Report(cont.) Page 18
According to that thing with York County we are one of the highest
points. Councilman Howett said while we are talking about this, what
is the ordinance for the borough if people start doing that? What is
the? Pretty much. Mr. Reichard said zoning, that would be the only
place that would regulate it. Basically a tower. Councilman Howett
said I was just asking, cause I told Barry, my brother is putting one up
in North Carolina. But people that are suppose to be doing the inspecting
have no idea what it is. People, like Dana would come do the inspecting,
have no idea, about green work and hooking up. They contact the
company. I was just wondering if we have anything, or if we need
anything in place. Mr. Reichard said that would be the only place to
regulate it. Councilman Snyder said we don’t have anything yet, our
zoning is so out dated. Councilman Howett said I was just curious.
Councilman Snyder said that was the two areas that I had. Even if you
put up a windmill to generate electric, then maybe instead of getting
a high efficiency gas furnace, you get an electric furnace, then that’s
also creating the electricity to power that. If there is anything out there,
that would do something like that. I didn’t know what you if you ever
found, if there was anything viable for us anyways. I knew there was
any money there, I don’t what else you had found. Mr. Reichard said
we’re monitoring it, we’ll keep an eye on it. I just wanted to have the
ideas at least from council, should we be emailed. Councilman Allar
said another possibility is the roof on the pavilion, there is a lot of
square footage. Councilman Noll said I would think the roof here
would be of more concern. Councilman Myers said where is the
money coming from? Mr. Reichard said its going through PENN
VEST. Councilman Allar said its subsidized. Mr. Reichard said
its mostly for municipalities for redevelopment, at least this
portion is. Allocations are due May 18th, so we have a little bit
of time. Councilman Myers said to fund the whole project or
just 50% of the project. Mr. Reichard said it varies, some of them
are grants for 100%, some are loans, some of it is matching. That’s
not set up yet. Mr. Reichard said we don’t know yet, we don’t know
how its going to work. There is no formal application yet to understand
how it works. Councilman Myers said it doesn’t give municipalities
very much time then. Mr. Reichard said shovel ready. Councilman
Snyder said that’s the bad part about it, cause how do you put a grant,
because we’d be going for a grant, not a 50/50, how do we say,
solar panel would be nice, Yoe would be ideal for it. But how much
are you going to ask for, I mean, until you have the time to sit down
and say, that the system is going to cost you X amount of dollars.
Councilman Allar said electrical wise, I think we’d be looking at
free. Councilman Noll said not many have solar. Mr. Shearer
said there’s an outfit over in Lancaster because the Amish use
Engineer’s Report(cont.) Page 19
solar and the wind power is very favorable. Councilman Allar
said they don’t use electric. Mr. Shearer said they can be hooked
to the grid, can’t come in from a wire. They would have wind
mill. I’ll make some contact and see if I can get more information
until the next meeting. Councilman Snyder said I know we had
talked about this, month’s ago. Mr. Reichard said the other dates,
by July 2009 you’d have to contract in place and by February
17, 2010 you’d have to have construction done. Councilman Myers
said how would you do that, slow it goes? Councilman Snyder
asked anything for the engineer, I have few things?
Contract Councilman Allar said Jason, we have to do that contract with DEP
with DEP by July 1st? Mr. Reichard said yes. Councilman Allar said and we also
and Joint do a joint permit. How long will that be? Mr. Reichard said we’ll find
Permit out, they do some kind some of permit? Councilman Allar said that’s
what I’m saying, how long is going to take for the permits and how
are you going to get the contracts by July 1st? Mr. Reichard said
we wouldn’t. Councilman Allar said a train wreck and its not going
to happen, remember that? Mr. Reichard said pretty much. I mean
it will happen its going, they’re going to have to be flexible for
basically for this same year. Councilman Allar said with Growing
Greener? Mr. Reichard said they’re going to have to be flexible
and accommodate for our position. Councilman Allar said you may
say that, but they might not. Mr. Reichard said I know, but that,
yours are going to probably die, that’s the only option, they’re going
to have to hold the money for us, for understanding that they release
the subject due to the permit. Councilman Snyder said you’re talking
about for the dam. Mr. Reichard said yeah. Councilman Noll said
is that something we require in writing from them? Mr. Reichard said
as soon as we find out what we have to do, at this point we don’t know.
Councilman Allar said we’re pretty sure the Army Corps is going to
want the permits? Councilman Snyder said which I haven’t understood
why we need permit to work in our dams, which. Mr. Reichard said
no matter what, we have to have a joint permit, basically what he’s
saying, unless he’s found some provision somewhere that is going
to allow us to do it, because you are moving dirt, fill material within
waters of the Commonwealth, we’re automatically in the category.
So. Councilman Snyder said I thought was covered under out general
dam permit that said we’re excepting you to have to do that because
of the nature of the beast you created. Mr. Reichard said that was my
argument and that’s what. Councilman Snyder said that is addressed
in that permit you know. Mr. Reichard said right, that’s what I’m
waiting for response on. Councilman Snyder said I mean if you say
there’s anything that’s going to kill the project, its getting that. Go back
Engineer’s Report(cont.) Page 20
to this is your only hope, you’ve got to fall under this and let us
run with it. So it doesn’t kill the project. Because you just look at
them and say, you know for the fact its going to take six months
just to get this unless you’re going to fast ball it for us. Mr. Reichard
said right, the argument has been made, and its I don’t know yet.
He wouldn’t tell me verbally why its this way. With a written notice,
we’ll know how to deal with it. And we’ll contact them to figure
out where they all stand.
Notification Councilman Snyder said that three items, all basically the same thing
From but for three different areas. Notification from York County Conservation
York County District, that they. Mr. Reichard said I have one here. Councilman Snyder
Conservation said inspection was conducted on the John Adams subdivision. One
John Adams, was done on the earth disturbance at 273 W. George Street, that was
273 W. Geo. based on complaint. I’m not sure why they did the John Adams. The
39 W. Geo. secretary said that was a follow up. Councilman Snyder said and another
one was done for 39 W. George Street. So they are looking into them.
The secretary said do you need copies? Mr. Reichard said I don’t really
need it, unless there are issues requiring me.
DEP Councilman Snyder said this just came in as of today, we received notice
Notice from DEP that they will be hosting a listening session on the grant
MS-4 renewals of the MS-4 general permit. That is going to be held up at the
Farm Show Complex from 10AM to 1PM on April 28th. They are
recommending that the municipal engineer show up for them. I’m
assuming you need a copy. Mr. Reichard said I’m sure I’ll get it, what
is the date again? Councilman Snyder said April 28th. The secretary said
I can fax it to you. Councilman Snyder said no questions, just listening.
Mr. Reichard said that’s only a year and half, two years over due.
Councilman Snyder said for a consensus of council for C. S. Davidson,
to represent the borough’s interest with that, to make sure MS-4
requirements are up to snuff. Mr. Reichard said something like this
someone represents all the municipalities and their time is divided by
all the municipalities we represent. Councilman Snyder asked anything
else for the engineer?
Mayor and Police Report
Councilman Snyder said the mayor asked that I get him out as soon as possible so he
had a conflict with another meeting so I’d like to move up the Mayor’s report.
Mayor and Police Report(cont.) Page 21
Mayor Sanford reported the following for February 2009 from York Area Regional Police: 11 calls, 4 accidents, 18 traffic citations, no summary or misdemeanor or
felony arrests, with one juvenile arrest. Service hours: 45.25. Administrative hours were
Correspondence Mayor Sanford said for correspondence what was the letter I got
that I passed off to Sam from FEMA. The borough was also
copied on that. I put some information in the circulate file from
Hershey Entertainment, an environmental newsletter and Red
Lion Senior Center. Rodney is going to touch on some things
from EMA dealing with radios.
Public Officials Mayor Sanford said this was included in the packet, the public
Meeting officials meeting in at the York County EMA office on April
30th, that’s in the evening. That is informative, if you have
any interest, if you want to know about potential of bad stuff
in the world. Councilman Myers said which one was that?
Mayor Sanford said a public officials meeting hosted by
South Central Terrorism Task Force out of Harrisburg. And
that is comprised of eight counties, PENN DOT counties.
Very interesting, I sat through this two weeks ago, at the
Homeland Security conference. Especially where we’ve gone
from 9/11 until now. County, state, regional and your
municipal fire company, Yoe is part of the central Pennsylvania
task force area with the ATR Team.
Utilities Councilman Myers said there is a Utilities Soft Project Awareness
Awareness Training, EP, May 22nd. Suppose to be really good class. Its
sponsored by the South Central PA Taskforce. Mayor Sanford
said they did start a sub group, like fire rescue is a sub group,
and recently within the last couple months started public
utilities/public works. Mr. Shearer said that came out of that
thing I went to last November, conference up there. They did
have one meeting since then, trying to get people together.
I did get that also, on the utilities. Mayor Sanford said I’ll have
to look at the time. Councilman Snyder asked anything else of the
92 W. Councilman Allar asked on 92 W. Broad Street, three police calls?
Broad Street Mayor Sanford said at the corner of the alley there. Councilman
Allar said someone living in a small house in the back? Mr.
Shearer said we are working on it. Mayor Sanford said I didn’t
hear that part of it, I did hear there is complaints on noise,
Mayor and Police Report(cont.) Page 22
trash. Councilman Allar said that is what I was trying to find
out, there’s been complaints, separate from the individual
living there. Mr. Shearer said I believe its all tied together.
We have not confirmed that there is actually someone living
there. Mayor Sanford said Dana is kind of spearheading for
the borough in conjunction with Dan and I’m being copied so.
The police is very aware of it, right place, right time. Mr.
Shearer said we’re trying to get our legal ducks in a row, so
we can get Kevin Hertzog from Code Administrators to
inspect, there again the UCC is going to be the most helpful
in this. Councilman Allar said it looks like there is at least
one eye witness. Mr. Shearer said we can work at this, at another
angle. Original complainant. Councilman Snyder asked
anything else for the Mayor? Very good.
Emergency Management Report
Mr. Smith said we had a quarterly meeting. The main thing
Quarterly we talked about was the radio system. Did the borough
Meeting pay anything? Mayor Sanford said no, we wanted to buy
something that works. Mr. Smith said I got mine, John
and I got ours programmed, with the TMI channel here,
testing all the radios. The meeting mainly consisted of
the radio system. Its going to be another month or so
that it is reprogrammed and new software is coming out.
Mayor Sanford said its going very slow primarily because
of the lawsuits of the three law enforcement unions.
FOP is trying to get it straightened out.
AARP Meeting Mr. Smith said the other thing was I attended another meeting
put on by the AARP. It was on the new electric rates going
into effect. I brought a paper about it. Everybody is on Met
Ed. You got a thing in the mail with your bill this time about
starting a savings program that you can start with Met Ed on
our rates will stop on January 2011. Lancaster, anyone with
PPL, there’s goes into effect on January 1st 2010. If you
saw the news on Ephrata, that’s going to happen here, its going
to be 3/4 another time as much when deregulation is off.
PPL pays 6% interest on your money you pay ahead, Met
Ed will start 61/2%, they are going to pay you a percentage,
they’ll put a percentage of what your bill is now, call them.
All that extra money you pay in, you get paid 6 ½% interest
on it. You can draw it out at anytime if you get an emergency,
from what I understand, you can draw it out but it will help
Emergency Management Report(cont.) Page 23
when deregulation goes into effect. You can put it in towards
your bill then. You can talk to your representatives, if there
is anything that has to be done, it has to be done this year
before PPL goes into effect in 2010. There working on
trying to get different things done with different means of
regulating, trying to put regulation on it. Some of the suggestions
was made for municipalities you can look at your system.
Turn off every other street light, to cut down on power. Look
at all, look at solar power. You can request a meter, time
elapse program, after 6 to 7PM goes into a lower rate. You
can get them. By I think, fifteen years I think, they must put them
in up until them its just by request. That really wasn’t EMA,
but I wanted to get the information in. I thought I’d bring it
back to the borough, talk to our representatives. They say
your bill is going to double, maybe triple. Councilman Allar
asked if there is going to be any long term contracts? Mr. Smith
said no. Ephrata Borough, they buy their electricity and then
they sell it to the people. Their contract was up. In December
it was estimated, some people got an one thousand dollar
electric bill. The representative from Harrisburg said if anyone
has a problems anything with electric bill, don’t let it go.
Call right a way. There is programs that they have will help
subsidize your electric bill, so don’t wait, if you can’t pay.
It was a very good program. Sponsored by AARP. That’s
all I have. Councilman Snyder asked anything for EMA?
Thanks for coming in tonight Rodney.
Street Mr. Shearer reported the street sweeping will be conducted
Sweeping later in the month. Dallastown is finishing up their borough
and they will hit us. I’ve already started working in the
alleys. We’ve had a problem with sweepers doing a good
job in some alleys because of the narrowness of some of
them tearing up the grass makes it a mess. So two
down below, we started back with the Adult Probation
work crews, in the middle of last, so far they have
been consistent with three to four people, they are working
on the alleys, trying to get rid of heavier concentration of
debris with the storm drains. Once we get all that cleaned
ARD up, we’ll start on crack sealing, pot hole patching.
Maintenance Report(cont.) Page 24
Snow Mr. Shearer reported we did get most of the snow equipment
Equipment cleaned up. We just have the one spreader, I didn’t know
whether to take it off yet or not. By next week. We’ll be
getting repairs done on that at Douglas Equipment. About
$130.00 worth of work done, with the throttle. Everything
is in good shape. We made it through without any major
breaks in the equipment. Everything is pretty well
ready to go for next year.
Ball Field Mr. Shearer said working up at the ball field. Got the picnic
tables redone. Tom had a meeting the other day with Mike
Noll from the Cougars, and there are some other things
that came out of his discussion, work that they’re going to
do. There are a couple different projects that we’re going
to supply the materials for. Talked before about painting
the dugouts and work on getting the rest of the equipment
up there painted. New hardware for the jungle gym. Finish
up painting the fence, that came out of the painting done
from the vandalism, try to get that finished up.
Park/Gail Mr. Shearer said met with Gail the other day. Sandy met
with Gail, I got her schedule for park rentals beginning
in mid May. As soon as we get the streets and alley cleaned
up, get them up there start getting the area cleaned up so
we can get the building opened up so we can get them
ready for rentals.
Grass Mowing Mr. Shearer said we started grass mowing.
Motor Vehicle Mr. Shearer said still need to finish up for codification for
the Motor Vehicle. When do you drop dead need that by?
Councilman Snyder said we’re just waiting on you so we
can conduct Keystone.
LTAP Mr. Shearer said the one LTAP class I didn’t attend last fall.
Engineering The one on engineering traffic study, I did attend at Adams
Traffic County. Some good things that came out of it, it was good
Studies class. I wouldn’t say I was 100% confident. A lot of traffic
studies, there is a lot of things that LTAP can help us with.
Would benefit us, and take some liability off of us. We
would probably continue to use that. It really did give me
a good understanding some of things, background and what
we need to look at. One of the things that come out of it,
Maintenance Report(cont.) Page 25
they kept emphasizing. It kind of pertains to the intersection
at Elm and Philadelphia up there, site line issues. They
pretty much, what they emphasized, the way the rules
read for the Motor Vehicle Code for site line issues, if there
is an issue, even if its on a state road, as the borough, because
it falls within our boundaries, we still have latitude to enforce
that part of the Motor Vehicle Code to clean up site line issues.
They were pretty adamant on emphasizing that. There is a lot
that you can do to emphasis that. If down the road, if you
feel those hedges there, I know its been discussed before, one
of those things that came from Don’s traffic signs for the
stop signs, we pretty much could get rid of those hedges along
there. I know Barry had the question on that before. Up there
on Fourth Street coming out unto Main about that pine tree.
Councilman Myers said I almost got nailed in the fire truck
one time. Mr. Shearer said as the borough, even though that
is a state road, we can enforce that. I know Dick was basically
looking at it as how it applies to the site lines, site triangles
in our zoning ordinance but under the Motor Vehicle Code
anything that is a hindrance to site. We can enforce.
Councilman Snyder asked anything for maintenance?
Parking Councilman Myers asked are we going to talk about the parking
Issue issue that we had up on Church Street? Mr. Shearer said I forgot
on Church St. about that, we did have a couple of complaints from Penn
Waste for their truck not being able to make the turn from
Water Street to Church Street when they were picking up
in the morning. The way normally do that, the come across
Water from Tom’s side, they cross over Main and go, the
pick up the trash to the rear of the houses that are on
I guess, on the dead end private area there addresses on
E. Pennsylvania, they pick that trash up. They go out to
make the turn, left unto Church, then back up into the
upper side of Pennsylvania. They’ve been having some
problems down there, with all the rentals that are in those
areas especially the one property the old Ginlaweski
property where the old tattoo parlor was, a new guy
bought that and has new tenants back in there now. Seems
like he has a couple extra cars on that section of curb.
Where its really tight there. John had an issue that he
addressed when he was plowing snow, the vehicle was
sitting right on the corner. One of the things, this may
end up making some people mad, but one of the things
I think we’re doing when we do curb painting. Is I’m
Maintenance Report(cont.) Page 26
mark all the intersections so that we have the appropriate
curb line down, if they’re within the yellow box its just
not there, it seems like we have it in a couple of other
places in town, people are parking tight up. I want
to mark the intersections best I can so we can have that
fifteen feet to a stop sign things like that. Its probably
going to affect some people on how they park but
the biggest thing trying to get trash trucks around and
we need to get fire trucks around these areas, its really
we’re getting a lot of problems. Councilman Myers said
its going to really get ugly down on Church Street, with
the apartments on Main Street, people are parking on
Church Street and of course people parking across the
street. Sometimes what they’ve been doing is parking at
the parking lot at the church and the fire company, we
already have a letter from the church. Basically the fire
company takes care of the parking lot for the church. They
have now given us legal right to the parking lot. We voted
last night at our fire company board meeting, we’re going
to start towing cars. We’re putting up the necessary signs.
Its getting to point, sometimes on Sunday, the fire company
tries to keep off the chuck parking lot on Sundays, and there
is other cars there. In the winter time when it snows, Posey’s
apartment building here, they know they are going to plow
the parking lot so they all come over the fire company
parking lot, okay and park over there which screws up our
plowing so they can clean their parking lot. So we’re now
moving ahead with this in the next couple of weeks. We’re
going to angry a lot of neighbors. There going to get one
warning and their car is going to get towed. Its getting so
ugly we don’t have parking for our own members. Mr. Shearer
said I thought about what we can do down there at Church,
and there isn’t a lot we can do. There’s between Ginlaweski
property there is four units there, across the street the green
building there is three units there. They do have the right to use
the lot next to them, they don’t own that lot, they have easement
to park against the building. Over where Church and Pennsylvania
meet, they’ve posted signs there, property owner posted signs
because his tenants were getting boxed out from all these other
people. It is what it is, everyone has more than one car.
Councilman Howett asked is there anyway, I know over at
church they have no parking, right along the church on
George Street, is there any way that could be changed to
parking there except on Sundays. Mr. Shearer said there is
Maintenance Report(cont.) Page 27
parking there on Sundays. Councilman Howett said I know
said I meant for other people to park except for those who
use it for church on Sundays. How would you word it?
Mr. Shearer said if that’s what you want to do, that’s something
that its in the chapter of codification. Councilman Howett
said that would give you a couple more cars. I’m not saying
that’s the total answer but it could free something up there.
Councilman Myers said we do have a problem there. Councilman
Allar said what they’re going to do is start cars in the alley and
along the street. Councilman Snyder said I guess my first
question is, how was this allowed to happen? Because according
to our zoning, you’re suppose to have onsite parking so how
is like, Ginlaweski property allowed to put in four units without
having the onsite parking made available. You can’t say that
they have parking on the streets, there suppose to have it on
site. Mr. Shearer said I think they have probably about two spots
behind there or right next to the old butcher shop. There is two
spots there. That building is one unit. The old store where the
tattoo parlor is, there is the tattoo parlor unit and then there is
unit upstairs and then there is 63 is two floors. So that building
actually has three units in it, that is counting that space where
the tattoo parlor was. His intention is to eventually to make
that a living space. He will go through whatever he need to do,
to make that a living space. Councilman Snyder said that’s my
point, they’re suppose to have on site parking. Unless they’re
getting variances that we don’t know about. Councilman Allar
said there’s always been three units there. Mr. Shearer said
I would assume that’s always been, it doesn’t look like anything
that’s been two units, that’s been there for awhile. Councilman
Allar said the thrift shop was there, going back maybe ten years.
Councilman Snyder said that’s what I’m saying why is it only
a problem now, what changed? Mr. Shearer said I think its comes
with the fact that you are getting other turnovers. Lucy Barry’s
old house, now a rental unit. We have the people that live there,
they have two vehicles. Dick had the problems that he had to
constantly send them letters because the second vehicle was
always parked across the sidewalk, blocking the sidewalk. In
order for them not to be in violation, they park to the rear of
the property back on Church Street. We’re getting these
domino affects. I know there is going to be some issues when I
go to paint curb lines because if you move a car from one place,
its going some where else okay, its just like, okay over on
Broad Street by the Breen property. By the way, the handicapped
sign is not longer there, the property has been sold. But that spot,
Maintenance Report(cont.) Page 28
I know you’ve got some calls on this. Once we made that
a handicapped spot, that just change the whole flux of
everyone’s parking on both sides of that street. Short of
building a park and drive I don’t know what to tell you.
Councilman Allar said on the Lucy Barry property, there
car is parked on E. Philadelphia. Mr. Shearer said that
affects 63-69. Councilman Allar said I know its not used.
So the one with the three units, they could use that.
Mr. Shearer said its private property we can’t. Councilman
Allar said when the tattoo came in, we only approved it
because of the parking on Water Street. That was the only
property, each one of the units would have a spot. Mr. Shearer
said the biggest thing is, if they don’t want, they can park
there, if they don’t want to park there. Councilman Allar said
then they get the consequences. Mr. Shearer said that’s it.
Until you put up a sign or paint a curb or something like that.
Councilman Snyder said what if, just to keep things moving
here, we can think about this maybe for next month, what
if we make it temporary no parking on Sundays for like the
church. What if we made that area, no parking for Monday
mornings, 6AM until 9AM. What is the matter with that?
Councilman Allar said this would be where? Councilman
Snyder said where we’re having trouble with Penn Waste?
Again I’m not too sympathetic with the tenants because
these people are suppose to be providing on site parking
in order to get the use approved. Now how some of these
maybe have slipped by over the years, that’s possible.
Like you said, the tattoo shop is suppose to be parking
on Water Street. If they have other options open to them,
and they just happen to want to park on a public street.
They have the right to do. I have parking in the back of
my house but if I want to park out front along Main Street,
I’m allowed too. Councilman Allar said you know the vehicle
is probably coming from the building on Main Street? Mr.
Shearer actually the car that has been giving us the problem is
coming out of the old butcher shop. Councilman Allar said
the easiest thing, has anyone contacted the owner of the
property? Tell him what the problem is, tell him we’ve gotten
complaints from the trash people. We are making aware that
there is problem, and we’re going to allow you the first option
to take care of it before we take the second option. Councilman
Myers said the second option is that the green building is suppose
to have off street parking. That’s why they had an agreement
Maintenance Report(cont.) Page 29
with the red one over there, make that side of the street
and across the bridge no parking. That would end your
problem, This is what is going to happen. Councilman
Allar said well try this first. Councilman Snyder said
have Dana get the information to Sandy and send out
a letter to property owner, this is the complaint these are
the times please rectify the situation before the borough
takes necessary action. That’s all you have to say.
Mr. Shearer said the Breen property is up for rent now.
Councilman Allar asked is he passing inspection? Mr.
Shearer said he is working on it. Councilman Snyder
asked anything else for the maintenance report?
Zoning Officer’s Report
Mr. Foote Councilman Snyder said the only thing I had here was, an
Application application for hearing was put in, I haven’t heard has it
been withdrawn yet? The secretary said yes its been withdrawn.
Councilman Snyder asked Barry, is anything in there?
Report Councilman Myers said on the nineteenth of February, met
with Terry Phillips for a L & I audit, Terry didn’t show up.
On the twentieth, pit inspection for 39 W. George Street.
On the twenty fifth, met with Code Administrators. Total
of 2 ½ hours and 17 miles. 51 W. Pennsylvania Avenue,
fax to Code Administrators.
Dune Buggies Councilman Allar said one thing that I talked to Sam about on the
Racing phone. I don’t what the borough positions is about people having
a race track in their back yard. You go down W. Water, you can
see it, on the property that parallels the street, in fact on two
properties, they have a pretty good race track there. They’re racing
dune buggies and motorcycles. They have jumps. Councilman
Myers asked is that where they wanted to put the apartments in?
Councilman Allar said its right down from where Joe Steinfelt
is and a kid got hurt on the street. Check the regs I don’t know
if there is anything in there. Councilman Howett said I know we
use to have go kart tracks down by the old bridge, county bridge.
Across the creek, on that side of the creek, on Yoe side, right
as you turn in the alley. Councilman Myers said right in the
area where Todd Bowser’s land is. Councilman Noll asked is
that a permitted use? Councilman Snyder said yeah and after
he called me I looked it up, I thought I remembered this coming
up as an issue with Bob Clancy up at Wilson Court. I thought
Zoning Officer’s Report (cont.) Page 30
I had an issue with him before somewhere up around
Rexroth’s property. I did find this in the ordinance, we do
regulate it, its going to be issue on either calling Dan or
the police as far as what I can tell. Its regulated under,
currently under Chapter 6, Part 2, which regulates all
motorized wheeled vehicles which is motorized vehicles,
motorcycles, dirt bikes, trial bikes, mini bikes, so it does
cover it. Prohibited conduct, is except where the vehicle
by the owner, and this where we have to have information
as far, do they own the property, are they friends with people
that own the property. Except where the vehicle is being
operated by the owner or residential occupier or a member
of the immediate family, of the vehicle, its illegal for driveways
giving motor vehicles access to public streets, highways,
business premises being patronized by operator, place of
employment. Said vehicle should not be operated within 500
feet of structure being occupied for human living purposes.
So if its within 500 feet. Councilman Manns said that takes up
all of Yoe. Councilman Snyder said pretty much and that’s why
it was there, any where in town. Councilman Allar said the
houses up on Pennsylvania. Councilman Snyder said I think
they probably could cited on this, it would be a matter of bringing
this to attention of the police, cite it them, come down here and
look at it when they’re out there and pointing this out and seeing
what they can do. Councilman Allar said does it say its permissible
owner and the homeowner’s family? Councilman Snyder said
yeah except its still can’t be within 500 feet. Its illegal period.
It is regulated here so all I can say, we try to use what we got,
if its not tight enough, since we’re going through codification,
then this is a prime opportunity to change this particular section
to whatever we want to do. So it is regulated, it’s a matter of
calling the cops saying can you enforce, and if not what do we
need to change. Councilman Allar asked is it a matter of calling
the cops or calling enforcement, call Dan? Seems like Dan would
take the first. Councilman Snyder said I would think since its
motor vehicle, and I know we call the cops for noise violations.
I also thought under noise violation we could get them under that
too but since we do specifically regulate it, call the cops and see
what they would do,copy it over for them,say here it is, what can
you do for us. Councilman Myers said it is something you can
pull out real quick and give it to the mayor and then he can get
touch with the police officers and say here you’re going to get
calls about this and this is where the violation is, we think you
should use it. I know what’s going to happen, we’re going to
Zoning Officer’s Report(cont.) Page 31
happen you’re going to get cops down there and yeah, when
we had burning problems I had to go through the whole speel
with the police officer. Councilman Allar said if you pass on
what we discussed to John, if I see something else I’ll call.
Councilman Snyder said okay, then what I’ll do is let John
know that we discussed at council, for him to specifically
point this out to the police, point out that area that you already
said. Councilman Manns said and the area around 49 E. High
Street, its by Bob and Dotties. Councilman Allar said the
properties straight across from E. Pennsylvania Avenue, there
are two properties involved. Councilman Snyder said he’s talking
about Mr. Dallmyer’s down by the very end. Craig Dallmyer.
Mr. Smith said we got a call the other night, where a vehicle
a neighbor boy down with his four wheel drive, he had it buried
up to the axle. The police were there they made a report out of
it. They all live close to there. Snow mobiles are down there and
they run them around and motor bikes driving down through there.
They’re sixteen years old and they have drivers licenses.
Councilman Allar said they’re making a circle on the rail trail,
which is wide open. Councilman Snyder said so they’re on
Dallmyer’s property? Councilman Allar said that’s right, they
circle around so probably in the borough and mostly in York
Township. Councilman Myers said across the street on Water
Street from the trailer and creek? Councilman Allar said what
I mentioned is, you know where Joe Steinfelt’s garage is, you
keep on going down Water Street, its on the right. Councilman
Snyder said its Raymond Loder’s old property. Councilman
Myers asked and he sold it to them? Councilman Snyder said
I don’t know who he sold it to, he did sell, because they wanted
to put houses there. Councilman Myers said yeah, Albright
Builders that came to council. Councilman Manns said what
do I need to do on 49 E. High Street, just wait? Councilman
Snyder said no, I’ll give that to John, to look at three areas?
Councilman Allar said I’m just going to call and tell them.
Councilman Snyder said I’ll just have them point this out to
the police. And when he starts getting complaints, just have
the police get back to him and by the time the police get back
to him and say its unenforceable because of this,then we’ll
know. And we’re right in top with that, with doing recodification,
we’ll clean it up. If we have to, I think we have something
there that can be enforced at this point.
Secretary’s Report Page 32
Ethics Report Ethics Reports/Statement of Financial Interest have been
distributed with your packet filing no later than May 1st
at the borough office.
2008 Basin Costs Breakdowns of the 2008 Basin Costs have been distributed.
Cougar Dana and I just wanted to make you aware that we had sent
Letter the Dallastown Cougars a letter and I had called Knapers to
get a portable rental. And they went and made their own
plans. I called them and asked them to please call Knapers
back because their unit came in and the same day Knapers
came in with theirs. I did this did this after they had signed
the letter that I was going to be calling Knapers.
DCED Councilman Snyder said we received notice from the
Grant Commonwealth of Pennsylvania that they are depositing
the $25,000.00 for the DCED grant money. The secretary
said I just got the statement, you will receive a copy
with bank statements. I don’t know when I can start getting
it back in our accounts. I asked that question four times and
it will remain in account until someone tells me when I can
transfer the money. Councilman Snyder said personally I’d
say we have the bills, when we get $25,000.00 worth of bills.
The secretary said we don’t have $25,000.00 worth of bills.
Councilman Snyder said probably when this park project.
The secretary said we have close to $14,000.00 worth of
bills. Councilman Snyder said what is the criteria is for
2009. Councilman Allar said DCNR has to be use by the
end of 2009. Councilman Snyder said its not going to be
York Housing Councilman Snyder said we received notice according
Authority Sandy’s notes, it’s the first time that she can remember
In Lieu of in the fourteen years that the Housing Authority was not
Taxes going to give us any payment in lieu of taxes for their
properties. Stating that their expenses exceeded income.
30 Day Councilman Snyder said we did receive notice from EMC
from EMC Insurance, it was their 30 day notice of estimated renewal
premium. I looked through that, I didn’t see anything. The
secretary said they came down and they’re going to be
writing up policies.
Secretary’s Report(cont.) Page 33
Notice from Councilman Snyder said we did receive notice from the Red
Red Lion Lion Municipal Authority, the borough was notified, but this
Municipal also went out to all the customers informing that as to what
Authority happened with Dallastown Yoe Water Authority and the Red
Lion Municipal Authority trying to explain that scenario.
That went out to try to smooth things over.
PSATS Notice Councilman Snyder said we did receive notice from PSATS,
that this Thursday April 9th, in Lancaster County, they’re
holding an economic stimulus funding workshop, registration
is at 1:30PM, workshop is from 2 to 5. And that is the last one
that they had over here. That’s basically to go over what
Pennsylvania can do with that stimulus money. If anyone
wanted to go for that.
DEP Councilman Snyder said received notice from DEP that they
Notice have approved us for $592.00 for our Act 101 Recycling
Recycling Program monies.
PENN DOT Councilman Snyder said received notice from PENN DOT that
Notice this year’s liquid fuels tax payment will be $19511.08 which
is just down from last year which was $20,400.00 some. The
secretary said we got that and its in PLGIT.
Thank you Councilman Snyder said we did receive a thank you from
the staff of Village Library for the contribution for the year.
Also received a notice of thanks from the Red Lion Area
Senior Center for our contribution of $300.00.
Financial Report Councilman Snyder said also received the financial report
2008 from Stambaugh Ness. And that was filed with the municipality.
Meeting I have a meeting set with them, next Tuesday at 10 to go over
other questions that we had concerning the change in the tax
collector and what does that means and what to do to finalize
those records out with Connie leaving and the new person
coming in. I did make a phone call to PSAB, and we are on the
hook for an audit of those records. Now its not clear yet, which
is why I’m meeting with them as far as the tax collector, not
only takes over Yoe Borough but also is the tax collector for
the county as well as the school district. So, who is actually
paying for this audit, are you telling me that three separate
audits have to occur, Connie’s books, how this all going to
take place that’s what we’re meeting about. We’re going to
over some of this information and hopefully have a quote for
Secretary’s Report(cont.) Page 34
how much this is going to cost us because that has to be
done by the end of this year. And that was not budgeted
for. I will hopefully have more information on that next
month. And that’s all I had for secretary. Councilman Allar
said I’m going to be busy that day but I have some questions on that. Councilman Snyder said okay, anything else for
Meeting Councilman Allar said I met with the Dallastown Cougars and
with Dallastown the Red Lion Recreation people. It looks like Red Lion still
Cougars and Red wants to use the field. I told them to work up a letter and both
Lion Recreation sign it and attached the schedule so if we do get complaints we’ll
know who is using it on the particular day. And also as repairs
and so forth. Tentatively what we’re going to do, is have
Dallastown do the work and then have Red Lion cut them
a check. Depends on what their time is on the field. Dallastown
will have a few extra things. Dallastown Cougars has a contract.
I think that it will work out. The secretary asked and Red Lion
will give us a certificate of insurance that we need. Councilman
Allar said that is all part of it, schedule, insurance. They have
something like 30 some teams. Soccer, baseball, football, leagues
going all pretty much all year. Councilman Snyder asked anything
else in unfinished?
Municipal Councilman Noll said if the borough thinks its appropriate there is
Manager’s Municipal Manager’s meeting, because we are so small don’t
Meeting know if we sent anyone, the first Thursday of the month. When
I can I’d be willing to go to that, it has a lot of township and
borough managers and it talks about a lot of current things. The
secretary said I attended several of them and it did apply to Yoe
Borough at that time many years ago. I’d have to go on a day
I don’t work, they use to have them on Mondays, so I did go.
Councilman Snyder asked if there was a consensus of council that
Seth can represent the borough interest at, to find out that
there is nothing that applies. The secretary asked for Mr. Noll’s email address to forward the minutes. Councilman Snyder asked
is there anything else for new business?
Payment of the Bills
Councilman Snyder said we do have two additional bills,
Verizon:$73.93(office) and Verizon $35.11(shop). A motion was made by Councilman
Payment of Bills (cont.) Page 35
Noll to pay the bills as listed with the additional bills. The motion was seconded
by Councilman Howett. All in favor. Councilman Snyder said bills are paid.
The secretary said Councilman Crull is having a rough time. He isn’t doing well.
Councilman Myers said he was in the hospital in Florida. The secretary said for
nine days. Councilman Snyder said I tried to call him yesterday. The secretary said
I’ll get a card and send it to him next week.
A motion was made by Councilman Howett to adjourn the meeting at 9:34PM. The
motion was seconded by Councilman Snyder. All in favor.