YOE BOROUGH PG. 1
150 NORTH MAPLE STREET
YOE, PA 17313
The regular monthly meeting of Yoe Borough Council was held on August 2, 2011
at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to
order at 7:02PM by Vice President of Council Seth Noll beginning with the Pledge of
Council in attendance:
Others in attendance:
Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance Supervisor
Steve Malesker, Engineer
Nicole Ehrhart, Solicitor
Jamie Tyson, Yoe Borough War Memorial
Connie Crull, Resident
Deb Crull, Resident
Karen Morton, Resident
Jim Tyson, Resident
Extension of Sympathies and Message
Councilman Noll said as most of you know sitting around the table, Sam’s mom passed away a few days
ago. Keep Sam in your thoughts and prayers. Also he wrote a thank you to us. A basket was sent
on behalf of the borough to express our condolescences. Sam wrote: I want to thank all of you for the
wonderful Brown’s basket, but most of all I want to thank all of you for the outpouring of
thoughts, prayers and support that you have shown me and my family at this time. I am truly
blessed to have each and every one of you in my life. Words can not express my deep appreciation. Thank you all, Sam. Councilman Noll said that is part of the reason why Sam is not here this
evening. He is decompressing due to a couple rough weeks. A card is being passed around
for everyone to sign.
A motion to accept the minutes for July 5, 2011 was made by Councilwoman Coble Tyson.
The motion was seconded by Councilman Allar. Councilwoman Coble Tyson said there is a
Minutes(cont.) Page 2
correction on Page 3, in reference to Jamie, it refers to her as Councilman, should be
Councilwoman. Councilman Allar said Page 2, fourth line from the top, Tyler Run
Project. Sandy, you are referring to the Mill Creek? The secretary said no, when
Jake didn’t send a form in for the Tyler Run Project, when Janeen was here, she said
he should have, so that was referring, he didn’t follow up with the paperwork, and
that was the reason I was concerned, he did the work for York Township and didn’t follow and that
is why I was concerned. I still have not seen that report. Councilman Allar said I had
talked to him and he said he was going to email you a copy. The secretary repeated it
was due July 15th and today is Aug. 2nd and I haven’t gotten, so if you could call him again
please. Councilman Noll asked any other corrections or discussion on the minutes.
All in favor of the minutes as corrected. All in favor. Councilman Noll said it passes
and minutes are approved.
Jamie Tyson, 21 Pawnee Drive, Windsor, PA 17366 said I wanted to ask council for permission to
continue collecting money from the bins and continue working on the project for the war
memorial. I just wanted to make sure that it was on the record since I will be handling monies.
Councilman Noll said I think before we do, so everyone is up to speed, Jamie has purchased
a house outside the borough, and is no longer a borough resident. It will not allow her to
serve with us anymore. First thing we need to do, Jamie has submitted a letter of resignation,
I think you have received that in your packet. Councilman Noll read the letter: Thank you
very much for the opportunity to serve the local municipal government and constituents. Even
though this experience was nothing like what I had anticipated, the knowledge that I have gained is
irreplaceable. I’m sorry to inform that as of July 8, 2011 I will no longer hold my position as
councilperson due to moving out of my mom’s beautiful home and starting my own journey.
I am giving up my official position. Thank you for all your kindness that you have shown me.
As well as the understanding that I have gained of local government, I plan to ask council for
permission at the August meeting, to resume on the borough war memorial project. A motion
was made by Councilman Allar to accept Jamie Tyson’s resignation. The motion was seconded
by Councilman Howett. All in favor. A motion was made to appoint Jamie as a representative
of the borough in charge of the funds/project for the war memorial, the reason was have
to do this is because there are funds involve, giving her permission to handle the funds was made
by Councilman Allar. The motion was seconded by Councilman Myers. All in favor.
Connie Crull of 263 W. George Street, Yoe, said she was asking about the old Yoe Auto Parts
building, the building looks terrible, I mentioned this to Sandy and I talked to Dana about it.
And nothing has been done. I talked to lady a who use to live here, and she said she is glad she moved
out because the town is going downhill. And that is why we are getting so many slum lords here.
What are we going to do about it? Councilman Noll said we do have something, which you may not know about, council has been developing over the past few months, a borough action plan to
systematically go through the borough and check for a lot of these issues. We were hoping that
Red Lion would be able to perform that for us but its something we have to talk about because
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Red Lion doesn’t have an interest in doing the inspections for us. We will have to get into
that a little later on this evening. We do have some things on the books. But any time that
there is a registered complaint, the zoning officer should at least check on it. Mrs. Crull said
I have been to Sandy a couple times. The secretary said I passed it on. Mrs. Crull said
Dana was here and I talked to him. Nothing is being done, you’ve got to admit the town
is going downhill. Its going to get worse, if we don’t do something about that. Councilman Noll said
and that was the purpose of putting together our plan. The biggest problem that we are going
to face, is someone who is a code official that will probably have to recognize and do these things
for us, outside our normal means. Its going to be an expense. Mrs. Crull said we have an ordinance,
we have health and safety ordinances. Councilman Noll said we are complaint driven. Mrs. Crull
said I have complained and nothing has been done, nothing has been looked at. Councilman Noll said and that’s not right, I’m going, give Dan a call tomorrow morning and find out. And that is why we just adopted the International Property Maintenance Code, and that will help us address a lot of these
issues, its something that ordinances didn’t quite cover before. It is the same as you are talking about,
painting exterior, things falling down on the exteriors of buildings, things that fall into categories
they are enforceable, that has just happened in the last few months. We will push because most of us sitting around the table have expressed the same things that you have. Mrs. Morton asked do we have to complain in order to get anything done? Councilman Noll said at this point, most of our enforcement
is through complaint. Because we do not have a full time zoning officer, for the most part don’t have a full time staff. Mrs. Morton asked what happens when you file a complaint, is it given out. The secretary said if I receive a phone call complaint and I know it is zoning or code enforcement, an email goes out.
I have physically received notes, and copies have been given to Dan and an email is sent to him, telling him that there is mail in his mail slot, he then takes it with him. I don’t know what he does with it
after, I am not his supervisor. I have complained to him personally about a situation in the borough right now. And he has not done anything about it. Because I think it’s a health and safety issue. I do think
the council has a problem, I don’t think, it is that I’m not doing my job. We pass the complaints along to the person that does that job. But usually its usually verbal, telephone or hand written note, that is the way I have receive complaints at the office. Even Connie said I was here the day Dan was here, she
verbally talked to him, I had expressed it to him verbally and then she followed up. I can be a witness to that, that she talked to him. Councilman Allar asked how long ago was that. The secretary said within the last three to four weeks I’d say. Mrs. Crull said it was before July’s council meeting. The secretary said you were down also recently and complained within the last week. She asked me if anything was done, I said I did not know of anything. He has some things, he files a report monthly with letters, with what he did with his time. He worked 3 ¾ hours in July, that is normal, its usually between $100.00 to $200.00 per month. Like everyone said, it is complaint driven. Mine was also a concern of health and safety because with you serving on the sewer authority, I have a concern about a property where the water has been shut off. I understand a person is living there. I told Dan about it and got a copy of the sewer authority with which people have gotten a new update. He told me under zoning, if you are
living in a home without public water and sewer, that is a violation of the zoning ordinance. But nothing has been done. Councilman Noll said what should be done, is a call to Code Administrators, because
we can have that declared an unsafe structure. I thought we could discuss that later on. That was a concern I had. Mrs. Morton said it sounds like Dan isn’t really following through with these things.
Councilman Noll said to put everything out there, as you know we are always looking out for our
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taxes and funding. We can’t afford a full time zoning officer. Dan does see his role as our zoning officer,
to more interpret zoning ordinances when plans and other things come through. We have designated him
as our enforcement officer to check on these types of complaints. There are other avenues that we may need to explore for people to basically, a code enforcement officer, which would be a separate
person other than Dan, to look at some of these things. The question is going to be, can we afford
somebody and can we find someone qualified to do that because technically it shouldn’t be anyone that sits on council. Mrs. Morton said if you hire someone else, he has to go to Dan. Councilman Noll said
no he doesn’t. Mr. Tyson asked who does he work for? Councilman Noll said technically Red Lion
Borough. I have sat down with their borough manager on several occasions, most recently three weeks ago and they have put a new rental zoning ordinance, very similar to the one we have in Yoe, and he is now responsible for 1100 units that he has to check for fire extinguishers and smoke detectors.
And basically told us, we are going to see the bare basics. Mrs. Morton said its getting worse.
Mr. Tyson said a majority of the town is already fifty plus. You have to make the place look nice,
you have weeds growing up the side of the house, you’ve got sumac growing up the back of the house.
You have elderly people with health problems. You have other people burning, these fire things that are legal to burn, its still an open grate. You had more protection in a 55 gallon drum. Councilman Noll said
actually there are very few things that you can burn in, in the municipality anymore, because of the burn ban, open burning is prohibited. Except for certain things, like barbeque grills. Mrs. Morton said at least we got our complaint in. Councilman Noll said most definitely, we need to know things are occurring so we can follow up on it. Miss Crull said I know you are going to do something about the weeds, especially on Main Street, that end to that end. Councilman Noll said here’s the other problem, the way
any zoning ordinance is written, you file complaint, you have to file a letter, you give them thirty
days. Mr. Tyson said I thought the new ordinances that were adopted in February, took care of that problem. Councilman Noll said what it does, it gives us greater enforcement for more items but it doesn’t change the time periods. Mr. Tyson said you have to go through the 90 days. Councilman Noll said this has been a huge topic also that last two or three months at the municipal managers group, all the managers get together for York County. A lot of them, take the position, they don’t even go
after those types of complaints. Until they spend their time and money to get some of these weeds cleaned up. Its winter and they’re dead. Mr. Tyson said what about site distance, I’m pulling strings here
but we’re trying to help, when we have a problem. Because if I’m correct, anything over six inches,
they can’t be enforced that the weeds be cut. Councilman Myers said site distance is for a corner lot.
Mr. Tyson said the last I know it was seventy five feet. Councilman Myers said the most of the
citations are on Main Street. 230 and 187. Grass and weeds exceeding six inches. Mrs. Morton asked about the junk out. Mr. Tyson said I know a sidewalk you can’t walk on because of the trees and the weeds and the car. Councilman Myers said then there was a notice for 194 N. Main Street for a tree.
Miss Crull said they have weeds on the sidewalk. Councilman Myers said I guess you have thirty days.
Mrs. Morton asked can Dana go around and spray? Councilman Myers said we can either spray, people are using natural stuff. What happens when you spray, when someone is allergic and walks down through there, then there is an issue if that person is allergic. Mr. Tyson said a pound of salt and a gallon of hot water and bleach. Councilman Myers said bleach can be hazardous. There were issues
with people who had pools, there were three of those. Mr. Tyson said four foot fencing around the pool?
Councilman Myers said a hazardous tree at 194 too. I guess there is tree there. Mr. Tyson said there is a tree on George Street there near. Councilman Myers said 187 was the porch. Mrs. Crull said that is
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ongoing. Mr. Tyson said now if we can get the property on the south west side of towards Elm on Philadelphia. Councilman Noll said the best thing is, please submit a list to us. I will sit down
with Dan and start working on the ones that are obvious, we are working through. I have some copies of
the ones we are proposing. Mrs. Crull asked for a copy. The secretary asked if you want to email me, and I can forward your complaints to Dan and copy Sam and Seth to make them aware of them.
I always ask for the name and address, I think its important that we know that they live in the
borough. We are getting more and more people that are complaining. Councilman Allar asked
what are we paying Dan now? The secretary said $37.41 an hour plus mileage. Mrs. Crull said
someone has purchased the Winters property on Wilson Court. No one has been there for over a year,
so they can’t just start the business there. Councilman Noll said I think nobody should be able
to just put a business in. Mrs. Crull said its residential with a commercial. Councilman Myers said I thnk what she is trying to say it was zoned commercial, but then vacant for over year. Mrs. Crull said it was
a commercial use, it was left commercial but there were a provision if left vacant for at least a year.
I don’t know what the requirements are. Councilman Noll said it would have been considered an existing non conformity but I’m not sure how our ordinance addressed that exact issue. The secretary said one of the people who bought it, Stan Hoke, called about his sewer bill. Councilman Noll said we are in the process of doing a comp plan with Red Lion and Dallastown, which is going to enable us once
we get that, four to six months for final copies. It allows us to re write our zoning which hasn’t been done since 1962. Councilman Allar said we can redo the zoning, it makes it a little bit cleaner if we have a comp plan to clean it up. Councilman Noll said the comp plan basically lays out the objectives for
the town, where we want to go in the next fifteen, twenty years. So as it states in the comprehensive plan, we can write our zoning ordinances to reflect where we want to go. Several things that we
are talking about, historic overlay and a lot of other things, that we will be getting into next year.
We are slowly trying address these things, like I said a lot of these things haven’t been addressed
since the mid sixties. Councilman Allar said a lot of things are into completion, but there will
still be public meetings to talk about it. Councilman Noll said we’ll say, we share the same concerns that you do, and we’re trying to figure out amongst ourselves how to enforce that, be cost effective for the citizens. We had a tax increase last year and possibly that there may be another one, and higher taxes
don’t make people want to live here so. Your property values fall. Mrs. Crull said our property values have fallen in the borough. Councilman Noll said we are moving into that direction as quickly as we can. Anything else? Miss Crull gave the secretary her list. The secretary said she will copy it for
Seth so he can talk to Dan about it. Mr. Tyson of 220 S. Main Street, said the last newsletter said
that trash isn’t suppose to be out before 6PM the night preceding pick up. This past Saturday, I saw some out at approximately four o’clock in the afternoon and whole kit and caboodle out on Sunday at two o’clock. Corner of Philadelphia and S. Main Street, on the right hand side at that intersection.
What can be done about this? Councilman Noll said I know that the mayor has been trying tasks,
to note those and to send letters out. Basically they get a warning letter the first time and if it
continues to violate and keep record of it, then issue fines, and go through the appeal and all the
process that go along with that. Mr. Tyson said number two, unlike some people in this room, I live on the south side of Main. The last couple rains, I have had water going up the telephone pole, eighteen to twenty four inches high and unto the sidewalk, That is a state road. Two doors above me it goes into
their driveway. It isn’t bad now, what is going to happen this January when its minus thirty degrees outside. Councilman Noll said if you take a look at that map, the borough did a full survey within
the last year of our existing storm sewer system. We put in for, an all but a million dollar grant, H20
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grant to upgrade the whole system for the borough. The determination on that came out, and we were not one of those chosen in this round for the grant. We are very aware of a variety of drainage issues
around the town as well as the existing system. A lot of it is terra cotta and its aged and we’re looking for ways to do that, its probably going to be a million dollar plus investment for the municipality.
Mr. Tyson said you see it every time you look out your window. Councilman Noll said we are actively pursuing that, I don’t know if they made the announcement if H2O is going to occur next year or not.
Mr. Malesker said not yet. Councilman Noll said the other thing, is the state has pulled back a lot
of their programs. A lot of the opportunities that we had for state held money, does not exist anymore.
Mr. Tyson said the third thing, why is it from Broad to Third, on Main Street there is no yellow lines?
Councilman Myers said because the road is too narrow. Mr. Tyson said then why is it allowed
parking then? Councilman Myers said even with parking the road is still too narrow. Mr. Tyson asked then why is parking allowed there if the road is too narrow? Councilman Myers said cause some of those people up there have no parking in the back, so what do you want them to do? How would they
park their cars sir? Mr. Tyson said I live on the side of the road where there is no parking. Councilman Myers said you still have a driveway, they don’t even have a driveway. Mr. Shearer said and might I add, on the other side across from your property there is parking, across the street. There is parking from the no parking sign coming out of the corner right about at Sprenkles right to the top of the hill to Dallastown Borough. In 2004, you made it parking at that side of the street. Councilman Myers said only because they have no place to park. Mr. Tyson said I was just asking. Because a week ago
this Sunday around eleven o’clock in the morning, road was blocked above me, and the police had them go out around it. They didn’t stop, didn’t cite them for blocking the sidewalk. They should automatically take a look at the traffic. Councilman Noll said they may have been responding to a call that we didn’t know about. Mr. Shearer said also I would like to add, if completely eliminated parking from that, then
you would probably see even a larger increase of speed on that hill, compared to what it is now. On street parking is recognized form of traffic calming on the street. That is one advantage of street parking on the bottom of the hill, it helps with speed down coming off the hill into the turn. Mr. Tyson asked
is the width of the road the same at Third Street to Philadelphia as it is from Philadelphia to Broad?
Mr. Shearer said roughly about 33 feet. Mr. Tyson asked what about Philadelphia to Third, if its
33 feet minus a foot for the width, that is still the size to maintain a yellow line, that leaves 33 feet, which gives you 8 feet for no parking on one side, gives parking a problem on the other side.
Councilman Myers said what do you want us to do? Mr. Tyson even a single line. Councilman Myers
said PENN DOT won’t let us do it, years ago when PENN DOT put down the line, what you see is as
much as we could do. We asked for a single line, refused to do it because of their code, actually
hate to negotiate with them now, they sat here a couple months ago and said the rules have changed,
you know I would hate to talk to them about a yellow line. Mr. Tyson said I’m just asking.
Councilman Myers said Main Street is different than a borough street. Main Street, you have to deal with PENN DOT, it depends on what we do there. Mr. Shearer said they own the road, now the
borough has the authority, to enact the no parking without their approval, most things that we do
on that street, literally its their road. We generally don’t have control on what happens on that
street. Councilman Noll said basically they have to approve as a controlling body, anything
that we do on that street. Councilman Myers said actually when I met with them about the double
yellow line, they really didn’t want to put it down there, they didn’t want to do that. It didn’t meet
their guidelines but the guy did it because we had enough complaints from the residents, so they
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approved and did it. That is all you are going to get, unfortunately. Mr. Shearer said you have to remember you have a road that was laid out when most people walked or with horse and carriages,
it was not designed for what it has today. We have to adapt to the environment that we live in,
to that street. The only other recourse, is starting to away people’s property. Councilman Myers said PENN DOT has rules that they have to abide by.
Mr. Malesker said I did touch base with Jake on the wetland mitigation project. He said that they
are doing some redesign to get everything to work. This week or next week they will be
submitting something to Rettew and at this point they haven’t heard if the grant has been
extended yet. Councilman Noll said it has been extended, we got that word last Thursday.
York Township has got it all for both grants so things will be moving forward.
Mr. Malesker said last month we talked about the MOU with the conservation district. I went
back and forth with things we wanted taken out and compromised with Eric Jordan. We
agreed to get it signed with those changes. I do have it here for signature, it is set up for
the President of Council to sign. Email correspondence with Eric. We probably could put
vice before it. The secretary asked the one we signed before do we need to rescind that.
Mr. Malesker said they didn’t accept it. This will be the one to go before the board.
Councilman Noll said I saw this, we will pass it around the table. Mr. Malesker said Eric wanted two
originals back. Councilman Noll said we can vote on it later in meeting. Mr. Malesker said in
red are the changes.
Mr. Malesker said last month I mentioned about the storm water ordinance that is being pushed by York County Planning. I brought in some recommended changes and a revised storm water ordinance that C.
S. Davidson developed. And I did get that to Nicole and she looked at that. This needs to be
adopted by October 12th, or you will face severe penalties. Councilman Noll said this is being
generated from the map and our flood plain changes and now its gone to the national level.
Mr. Malesker said I did send an email, we are having a presentation regarding this at C. S.
Davidson, August 12th at noon, lunch will be provided. Ben Baltzer is going to go over the
changes we are recommending. One of the big ones, some of the agriculture will not affect
the borough, so you probably don’t have to be concerned about those so much. One that would,
they essentially require a storm water management plan if you want to put a shed in
your yard. Which we think that is way too extreme. We work with York County Planning, that is one of the things that we got the okay to put a waiver in for any improvement that is less than
500 feet, that would be an exemption to that requirement and York County Planning is okay
with that. We have a whole list that we have gone back and forth on, we had to compromise
on some things. Since a lot of this stuff is important, we are doing a presentation to make sure
you are okay, and have the opportunity to ask questions. Councilman Noll asked that you take
some times with this. It has to do with the Chesapeake bay and the government. We are going
to get a lot of complaints when this stuff goes out. Mr. Malesker said since Nicole was alright with
Engineer’s Report(cont.) Page 8
the changes, we can start a draft that is tailored toward the borough based on these recommended changes. Send the recommended changes as one PDF. Mr. Malesker said I have what they recommend they adopt. This is a generic one with recommended changes. Discussion continued. Councilman Noll
asked if there will be cost sharing on the work for preparation of this ordinance. Mr. Malesker said the more that go in on it, It could end being a couple hundred dollars,a lot depends on how many municipalities goes into. A motion was made for C. S. Davidson to start working on the
storm water ordinance as required with needed changes to have it ready for the September
meeting for review by Councilman Myers. The motion was seconded by Councilman Howett. All in favor.
Mr. Malesker said a violation notice was sent to Glenn Rexroth in regards to Orchard Hills
Vista. The NPDES permit has expired. He noted in here that after that after the swale’s
permit was stabilized, he wants him to submit a notice of termination. That project is dead.
A new NPDES permit would need to be submitted, which is a lot of work. Start the
Mr. Malesker said Dana called about the sink hole by the church. I did go out and took at
that. Its so far off the roadway that its not the borough’s concern, unless it gets bigger and becomes
a safety issue or the culvert is in danger of collapsing or something like that. Its right by the parking lot there on the side. Mr. Shearer said I just got notified from John yesterday, he was notified over
the weekend by someone from the church. There is a hole at the driveway at the Jack Lehr property,
to the rear of that property. Right by where the fence area of the creek is, right off the Church Street
bridge. It sits right at the line. The church must have got a call from Mr. Lehr, saying it is on their
side of the line, on the church’s property. They contacted John, thinking that maybe there is something
there we need to fix. John asked me to take a look at it, I went down yesterday morning. It appears
to me that there is nothing close to us. Our storm drains at the bridge enter directly into the creek.
There is no pipe there. At the bottom of the wall, it appears to be what may have been a pipe
that was there that is deteriorated that has allowed this sink hole to develop. It is about the size
of a softball. I called Steve to have him look at it at the curb. It would appear to me that it is on
private property. I won’t hazard a guess, but again it would appear to me that it is on private
property. Mr. Malesker said one of the people that live there, I talked to while there, and they said a
couple of weeks ago it was the size of a nickel now it’s the size of a softball. Mr. Shearer said he
told Mr. Morton about it, that Steve was going to look at it, but this point it wasn’t the borough’s concern. Discussion continued.
Solicitor Ehrhart said I do have a two updates for you on litigation matters.
Solicitor Ehrhart said the first would be the quiet title action. I did get the whole
file from Pete. I was able to look at it, I pulled the court docket. The complaint
Solicitor’s Report(cont.) Page 9
was filed back in January. We have two defendants that have not been served.
They were attempted service February 17, 2011 but the sheriff wasn’t able to
complete service. The docket appears that way. That was Robert A. Costabile
and Special Properties Six LLC. I had my paralegal do some research and
get good addresses for both of those, so we can have a constable try to serve
them again. We got a Wellsville address and a Yoe address for Special
Properties. We are going to go and get service on those two. All the
other defendants were served. As you knew, Attorney Cook sent out the
Rule 237 notices in March. What those are if you fail to file an answer,
we get default judgment. What I found out, he never took default judgment
against those defendants. So we are going to go ahead and do that. File
judgment against those. That only leaves us with Dustin Claycomb. Which
I did talk to Steve a little bit, to update me on that. He is the only defendant
that filed answer. His answer was filed February 20th. He has Counsel Mark Roberts. I believe the only issue, you may be aware of this because
you talked to him about it, Tom, the shed, he still wants access to the
shed. So I will be in touch with Mark Roberts to see if we can work out
easement to allow him not to enter any sort of defense to proceed with
quiet title since he is the only defendant that has raised any issues and give
him an easement back to access his shed. If council is agreeable to that
arrangement. Councilman Allar said I think in the one diagram it shows the
square footage. Solicitor Ehrhart said if you are agreeable to that, I’ll present it and
then work out the details. A motion was made to move ahead with our attorney
working on an agreement for an easement by Councilman Allar. The motion
was seconded by Councilman Myers. All in favor. Councilman Allar asked is
looking for the total width from street to street or is he looking at half way
up to his property. It came up at one of the meetings, that the property owner
on the other side may have an issue with the lower side, the whole piece.
Councilman Noll said I don’t remember that specifically. Councilman Allar said
personally I don’t mind if he wants the whole strip, I don’t know legally if
we can give him an easement to that whole thing on the other street.
Councilman Noll said until we define what our actual property is, the other
persons that need to be served yet, that we have an actual property. Solicitor
Ehrhart said when you own the property by quiet titling, you pretty much
have the stretch. Councilman Noll said I’m sure Steve will show that to us
to us. Councilman Allar said I know Sam brought that up. Solicitor Ehrhart
said I’ll clarify what he really wants and bring that back to council. I am
limited, I would have taken default judgment instantaneous, and enter
my appeals. Attorney Cook withdrew his appearance, Pete had not. That
is what the correspondence was, so as soon as Pete does that. My paralegal
did call his office today, to see what the status was. They both entered
their appearance on the docket, so I need them both to withdraw, unfortunately
they are both on the docket. I have David’s I am waiting for Pete’s. We
are definitely all squared away with that. Councilman Noll said maybe that’s
Solicitor’s Report(cont.) Page 10
what you were talking about Tom, but there was a gentleman wanted part of the
property, is this the same person. He said he mowed and maintained, has he
dropped by the wayside. Councilman Allar asked other than Dustin, I thought
he was the only one. Councilman Noll said he is the one then that wants the
access to the shed. Discussion continued.
Solicitor Ehrhart said the Windsor Township Knox Agreement that you had
forwarded, I have no problem with it.
Solicitor Ehrhart said the last one is your Bowser/Shertzer appeal. I got the whole
docket as well and reviewed the transcript as well, to get an idea what the issues
were. It’s a long transcript and I also talked to Steve a little bit, to get some information
on it. Basically what I found out from the docket is the Shertzer did enter their appearance,
they did what is called the notice of intervention, so they are the proper defendant.
I know we talked about if it was the Bowser or Shertzer. It is the Shertzer, so they
are the proper defendant. The last activity on the docket was December of 2009. That
is when they entered their appearance. Before that it was the date of the appeal.
So basically, you are up against the time, the court dismisses most cases after two
years of inactivity but theoretically it gets your another because the prothonatary
is so back logged so at the two year mark they don’t actually don’t turn it in.
I have to tell you because that’s the law. The issues were mostly variances, sought,
there were five of them. Basically Bowser’s defense at that time, was he had a vested
right, he was issued a permit by the borough and what he did was based on that
permit. That is what the zoning hearing board held on to, at their decision. Had this
vested right and he did it based on a permit. When I reviewed the transcript, there’s
not a whole lot in the transcript on behalf of Yoe Borough, defendant wise.
Councilman Allar said who was there on behalf of Yoe Borough? Councilman Noll said
it would be the zoning hearing board, Patti McGonagle, my wife and Kerry Scritchfield.
They basically rendered the decision, which then came back to us to prove. Councilman
Allar said Sam wasn’t there. Solicitor Ehrhart said he wasn’t on the transcript. So,
basically, what I am concerned about, is an appeal going forward at this point, trying
to counter, you don’t need to take any other evidence, it’s a briefing procedure at this point
based on the transcript. Based on the transcript its not a strong case for the borough.
My advice and with discussing the issues with Steve, right now, on the property, my
recommendation to the borough is to let a sleeping dog lie. You don’t feel that there
are any issues with the property, its almost two years and there haven’t been any issues
raise at least to my knowledge. Councilman Noll said the biggest issue that we had
at that time is that the storm water management wasn’t being followed property and it was that and the
driveway that was created. Unfortunately through our change of legal counsel, laid aside.
We were worried about setting president, and it set there for two years. I don’t know if
its worth our time and money with all the other issues, it is really hard. Your recommendation
is to let it lay. I don’t think we have to take any action if we just want to. Solicitor Ehrhart said
its interesting because today, the second, I got a letter from Shertzer’s attorney saying I know
you are the attorney for Yoe Borough, please enter your appearance and tell me what you are
Solicitor’s Report(cont.) Page 11
going today. That just came in today, I just brought it along with me. It was our appeal,
I can contact them, we don’t attend to proceed forward and let them know. But I think
I would like to respond to this counsel. A motion was made by Councilman Allar to not
proceed any further, to stop proceedings for the Bowser case. The motion was seconded
by Councilwoman Coble Tyson. Councilman Myers asked since that is under one
title, one piece of land, what is going to happen on down the road if he decides he wants
to subdivide and try to title. Solicitor Ehrhart said if he subdivides that into two units,
it goes through your subdivision process and at that time you would have another fight
to get him into compliance. Councilman Allar said I think that would force them to
do another driveway with the subdivision. Discussion continued. All in favor. Councilman Noll said so moved.
Councilman Noll said I want to make sure if everyone had a chance to look at the
memorandum of understanding with York County Conservation. A motion was made
by Councilman Allar to accept with the changes made by C. S. Davidson the Memorandum
of Understanding with York County Conservation District . The motion was seconded
by Councilman Howett. All in favor. Councilman Noll said I will sign that.
The secretary asked that the solicitor got the email from Sam that his email address was
compromised and he has a new one.
The secretary said I wanted to ask your opinion of two outstanding bills that the borough
is aware of, that we have given verbal notice at least two times to one the vendor and one
time the other. We physically haven’t received a documented invoice from them. Dana
spoke to Fitz and Smith, Teresa twice, for work that was done on the Main Street
drainage and we have yet to have received the bill. She was told to get the bill to us and
have it broken done for both kind of funding, liquid fuels and general fund and we
still haven’t gotten the bill. And he also spoke to Dallastown Borough, who did
our street sweeping in May, and this is the second or third year in a row that they
haven’t sent the bill in a timely fashion. Should I send a letter to them stating this or
should the borough just let it go? Solicitor Ehrhart said if you want to do the good neighborly thing,
you could send a letter, you are not required to send a letter, if they want to get paid
they should send the bill. The secretary said that is how I feel about it. Especially since
we have reminded them. I sat here listening to Dana talk to Fitz and Smith. I wanted
to make sure that everybody is aware of it, and that Dana and I did our job. Councilman
Myers said you have it documented when you spoke to them. Dana is the one that spoke to them, he told
me but I didn’t write down the date that he talked to him. Councilman Myers said then
I wouldn’t worry about it. Solicitor Ehrhart said I would make documentation in case someone
would say it wasn’t paid. The secretary said its going to be part of the minutes now and I’m saying
that I don’t have the date, but I heard the conversation between Dana and the lady from Fitz
and Smith. Dana may have an idea when he talked to Dallastown which was probably several
weeks after the street sweeping occurred. I don’t have that documentation, I want it as part
of the minutes that Dana and I spoke about it, and we didn’t get the bill. Councilman Noll
said worry about pushing Dallastown, if Fitz and Smith wants to let us hold on to thousands of
Solicitor’s Report (cont.) Page 12
dollars, its stupid on their part.
The secretary said she gave the solicitor a copy of the sewer authority report that I received today.
You can see on that report, that water has been turned off at certain properties. Some of the
properties with water turned off indicate that the property is vacant, others do not have vacant
listed. I approached the zoning officer over my concern, and gave him a copy of the last
quarters report and said hey this person doesn’t have water, if you don’t have water, you
don’t have public sewer. Again I was told, hey there are other ways you can get water. Its
my concern, because I’m aware of it via the report, is this is problem, or is this not problem.
The one person its been almost two years since they paid their sewer bill, and its been almost
a year since the water has been shut off. Councilman Noll said my opinion, there is a mechanism,
per state law, to have it declared an unsafe building, that we can have Code Administrators pursue that. They come out and verify that there is now water, and they mark the building as unsafe. The
secretary said you are telling me to send them the quarterly report. Councilman Noll said we
need to indicate properties to have them pursue. The secretary said you got copies of the
quarterly report. Councilman Allar said about 10% of the properties in Yoe Borough are on the
sewer report. The secretary said I was told on, one of the properties, that the person was in
the home and was approached about having someone else mow their grass. And the person
said no job and couldn’t pay to have the lawn mowed. Discussion continued. The secretary said
I wanted to make sure you were aware, because I look at that report too. Councilman Noll
said we have that property inhabitable. I’ll ask where do you want to go? Councilman Noll said the sheriff would remove them, if it goes up for sheriff’s sale. The way the economy is going in the
next three of five years, this is the way its going to go. The secretary said I just wanted to make
you aware, if you answer a fire call or ambulance. Councilman Noll said EMS could get a record of this.
It’s a matter of public record that they have to pay their bill. A copy to Ted Hake, FYI. Solicitor
Ehrhart said a lot of these are the first quarter, good majority are the first time. Narrow this
list down. The secretary said she notes when water shut off notices are done. The secretary said
my concern is no water, no bathroom facilities. Councilman Noll said type a list up to send to Ted Hake.
Mr. Shearer said Dallastown has their sign shop up and running. I received a price sheet today and
we will be starting to purchase signs from them. We will save a couple bucks per sign from them.
Mr. Shearer said we got the notification that the salt contract was awarded. According to the website, York County will be serviced by International Salt, their bid price is $63.49, there was a price change then so its now $63.18 per ton. That can fluctuate as we get towards winter. Try to get as much as
we can in by the end of September.
Mr. Shearer said we did have lightening strike a tree from the storm on July 2nd up at the park.
We had to cut a tree down, and cut a tree on fire. The lightening strike to the tree, it back fed
in the ground to the outlining maintenance building back thru into the main building and tripped
Maintenance Report(cont.) Page 13
breaker off at the sub panel. The only damage that I can find to anything, that it did knock
out two of the cameras and the DVR, two of the video cards were damaged. He is going to
see if he can get it repaired. I did not know if we wanted to put a claim in on it. Councilman
Noll said did you try all the lights up at the park. I was just wondering if there was any
damage, poles are underground. Mr. Shearer said I wanted to turn those on but I forgot
to. Thanks for reminding me. Councilman Noll said at this point we can open a claim
number but that doesn’t mean we have to file anything. If we find out if its just the
cameras. I don’t know the deductible. Mr. Shearer said I believe we talked about this
before, and what it would cost for the cameras it would be right around there, the
deductible was. The secretary said I didn’t check into that because of the costs.
Mr. Shearer said he talked to the mayor about that. Councilman Noll said I think
we should check about the costs, damage to the lights. If its just the two cameras,
maybe it would be better not to file, with the deductible. Let’s see what the cost is,
if we have significant damage to lighting, we can file a claim. If we are close
to our deductible let it go.
Mr. Shearer said to answer Tom’s question right before I started. The letters, I had
emailed a copy to Nicole, she sent recommendations back. I am in the process of
doing those letters. I did have a meeting with last month, with Norm Strenger and
Dan, about 53 N. Church Street. That was the one we had complaints from the
tenant back in March. We have not received any notification from the property
owner that they did anything, doesn’t appear anything was addressed. We consulted
with Norm. What he did was take state law and have it declared an unsafe structure.
That is what we did with that property. Letters were sent out. We took a look at
the property. While we were onsite some of the tenants engaged us in conversation and we asked
if we could come and take a look around. Showed us many things that were wrong. That
gave Norm enough to write a notice to vacate for the property owner, he has to
to have the property vacated. We did received a copy here yesterday that basically is
an appeal, maybe not an appeal but a request for an extension. From my conservation
with Norm today, he received a similar letter asking for a ninety day extension and allow
the tenants to stay. The property owner said that they had trouble getting in touch
with Code Administrators. The conversation I had with Norm two weeks, indicated
they had called into the office, he had tried to return the calls and basically the number
they had given was not working. Similar issues that we had. I understand where he
is coming from with his frustration, trying to make contact with the property owner.
Norm is trying, once he gets the property owner realize, he has to fix these things,
or they will pull his certificate of occupancy. Code Administrators will have
require an inspection before hand and they will have to get building permits to
address the issues that were cited. Code Administrators is on the job, taking us
to the next step of the property maintenance code. Discussion continued.
Councilman Allar questioned that a little girl was out on the roof. And discussion
continued on a proper fire escape and the regulations for that.
Mr. Shearer said I have a price from A Climber’s View/Robert Fisher of $450.00
Maintenance Report(cont.) Page 14
for up at the corner of the ball field fence, there are two locust trees and
a cherry tree that the top has broken out of many years. The price is cut
down and put on the ground, I’ll take care of taking the wood away.
A motion was made by Councilman Myers to accept the $450.00 for
tree work at the ball field. The motion was seconded by Councilman
Allar. All in favor. Councilman Noll said motion carried.
Councilman Noll said we talked about your sink hole issue.
Zoning Officer’s Report
Councilman Noll said the zoning officer’s report is here, take the chance to
read it. I will be taking up issues with the zoning officer with regards to
what we discussed this evening.
Councilman Allar said you weren’t here last month. A neighbor came
in about the Smith property.
Emergency Management Report
There was no report.
Councilman Noll said everyone has a copy of the mayor’s report. We will add
to the minutes as record.
Councilman Noll said the mayor wanted me to leave you know, that within
the last two weeks, there was a shooting in the borough. It was a self inflicted
shooting that resulted in death.
Councilman Allar said I had asked John to consider writing a letter to Chief
Gross, remember Sam had mentioned, to find out about reducing. Councilman
Noll said yes, he said if we want to do that, we have to do that by the end
of the year, budget time would be a good time. He has spoken to Chief Gross.
I believe at some point, Chief Gross will be coming in the next month or two,
to talk to us about that. We do have that opportunity and if we want to do it,
we have to make that notice before the end of this year. Councilman Allar said
my conversation was to get more information to make a decision. Councilman
Noll said he is trying to find out as quickly as he can what the rate is for
next year. Councilman Myers said if they don’t increase the charges again,
maybe we won’t have to do that.
Secretary’s Report Page 15
The secretary reminded council that free yard sale time is here. A motion was made
by Councilman Noll to have Free Yard Sale Dates of September 2 and 3, 2011. The
motion was seconded by Councilman Myers. All in favor. The secretary said I will get
it posted to website, put it on the answering machine and email Sam for the newspaper.
The secretary said the Trick or Treat date, I sent copies. We use to go with the police
dates. John sent an email that the township wants to go with October 31st, but the department
wants to go with October 29th. A motion was made by Councilwoman Coble Tyson to
hold Trick or Treat night on October 31, 2011 from 6PM until 8PM. The motion
was seconded by Councilman Allar. All in favor. The secretary will email Chief Gross.
And put on the answering machine and hopefully have Stacy put it into the newsletter.
The secretary said the council received all the financial reports through June 30, 2011.
I showed you a financial comparison for the same dates of 2010 versus 2011.
The secretary reported that the office will be closed August 17 and 19, 2011.
Councilman Noll said for the secretary’s report, we received a notice from Hemler, that
they will be on vacation August 20th through 27th, 2011. For their contract renewal
for 2012, there will be no increases. They want to honor the current contract language,
and hope to have the new contract by October 1, 2011.
Councilman Noll said from the municipal managers meeting, there is a meeting on
August 18, 2011 to how to prepare and over come the stress of your audit and
York Township is sponsoring.
Councilman Noll said York Township is going to a symposium on equipment,
letting Barry know about it. It’s September 15, 2011. Councilman Myers said
I am already signed up.
Councilman Noll said I will be spending some funds for the municipal managers meeting
at the park pavilion on August 25 at 10:30PM.
Councilman Noll said I want to wait until Sam gets back but we should think about
implementing this borough plan. There are good reasons to go around inspecting.
I would like to get more information on what is required of a code enforcement
officer. Maybe we want to consider, the dollars involved are not going to
be palatable for us. I need to check into this, we should have anyone on
borough council because of conflict of interest. The secretary said you
will see that you are saving money on the engineering costs, I believe you can
do the one zone and have the money for it. Councilman Noll said we need
to check into. What I am hearing from Red Lion Borough, all we are going to
Unfinished Business(cont.) Page 16
is for zoning matters.
Councilman Noll said Tom may be aware of this, we had a wild party up here. I
didn’t believe that there were that many people here. The neighbor right below us,
they must have one hundred people here. They had to bring a porta potty in.
We did call the police because they were parked in our lot. One thing we ought
to talk about, I can keep them from parking in our lot, but can’t stop them
from parking on the public street. There was a lot of people associated with
the party parked at the public baseball area. I don’t know if the borough wants
to look into doing anything to say its for official use of the ball stadium, parking
declare something. Discussion continued. A motion was made by Councilman
Myers to post the baseball field area for use from Dawn to Dusk for enforcement
purposes. The motion was seconded by Councilwoman Coble Tyson. All in favor.
Councilman Noll said the police were called and responded within five minutes.
I was going to let the mayor know to pass that on to Chief Gross.
Councilman Noll said keep in mind we have a seat that needs to be filled. Must
be eighteen, a registered Republican and a resident of the borough for a year.
Payment of Bills
Councilman Noll said here are the additional bills: Blakey, Yost: $687.00,
Verizon $50.47, Met Ed $1065.25 for all accounts, and Benchmark for
$14.93. You have the others listed on the list given to you. A motion was made
by Councilman Howett to pay the bills with the additions. The motion was
seconded by Councilman Allar. All in favor.
A motion was made by Councilman Howett to adjourn the meeting at 9:12PM.
The motion was seconded by Councilwoman Coble Tyson. All in favor.