YOE BOROUGH PG. 1
150 NORTH MAPLE STREET
YOE, PA 17313
The re-organizational meeting of Yoe Borough Council was held on January 3, 2012 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order by Mayor John Sanford at 7:02PM beginning with the
Pledge of Allegiance.
Oath of Offices
Mayor Sanford issued the oath of offices to Samuel Snyder and Thomas Allar. The oath
was given to Mr. Snyder and Mr. Allar with those persons repeating the oath for the
record.
Nominations
Mayor Sanford opened the floor for nominations for President of Borough Council.
Councilman Noll nominated Sam Snyder. Mayor Sanford said we have a nomination on
the floor for Sam Snyder, do we have a second. The nomination was seconded by
Councilman Myers. Mayor Sanford asked if there were any other nominations on the
floor. Councilman Snyder made a motion to close nominations. Second by Councilman
Allar.
Mayor Sanford said at this time I will accept nominations for Vice President of Council.
Councilman Allar nominated Seth Noll. Councilman Snyder seconded that. Mayor
Sanford said we have a motion and second for Seth Noll. Any other nominations from
the floor. Councilman Snyder made a motion to close the nominations. Second
the close nominations by Councilwoman Coble Tyson.
Mayor Sanford said at this time I will turn the meeting over to the President of Council.
The time is 7:04PM.
Councilman Snyder said bare with us as we continue to reorganize. Let the record reflect
that were certified as winners of the previous election aren’t here tonight. They have
ten days in which to qualify for the seat under section 903, of the Borough Code. In the
event they fail to qualify within ten days of the beginning of their term, which was
January 1st, council can declare their seat vacant. Which I already spoke with Regan about of course with Jamie’s seat. The mayor can take care of the others.
Councilman Snyder said in the meantime let the record reflect that there is a quorum
of council, the quorum represents the council members that are remaining which
is Tom, Seth, myself, Barry and Wendy. The mayor to break any tie.
Councilman Noll asked did we get a formal letter from Jamie? Councilman Snyder said
no, that’s why we have to leave it open, otherwise if she would have sent a letter in,
Nominations(cont.) Page 2
we could have just appointed Regan right now. I tried, I have been sending emails
to Sandy even, she wasn’t responding back. At least it takes care of itself in ten days.
Its not like we have to go court to declare it vacant. The mayor has to get the oath
of office to Mr. Howett before January 10th.
Council Members in attendance:
Sam Snyder
Seth Noll
Tom Allar
Barry Myers
Wendy Coble-Tyson
Others in attendance:
Dana Shearer: Maintenance Supervisor
Sandy Sterner: Secretary-Treasurer
John Sanford:Mayor
Steve Malesker:Engineer
John Baranski: Solicitor
Regan Strausbaugh: Resident
Rodney Smith: EMA Coordinator
Appointments
Councilman Snyder said I’ll do this like I have done this in the past to try to
streamline this, the reappointment for council, in a form of a motion, understand
that some of these positions are under contract and we can not deviate from them,
others are at the will of council and at any time we can always bring up to remove
them.
So the motion was made by Councilman Snyder for:
Borough Engineer: C. S. Davidson/Steve Malesker
Borough Solicitor: Blakey, Yost Law Firm: Nicole Ehrhart
Zoning Officer: Red Lion Borough/Dan Shaw
Newly created position of Code Enforcement Officer: Temporarily Vacant
Animal Control Officer: Hemler’s Animal Control
Wildlife Animal Control Officer: Jerry Pickel
Park Rental Coordinator: Gail Koller
Secretary-Treasurer: Sandra Sterner
Borough Auditors: Stambaugh Ness, PC
Rental Property Code Officer: Dana Shearer
Sewer Enforcement Officer: C. S. Davidson
Appointments(cont.) Page 3
EMA Coordinator: Rodney Smith
Deputy EMA Coordinator: John Sanford
UCC Code Officer: Code Administrators, Jason Stevens
Road Master: Councilman Barry Myers
York Adams Tax Bureau Rep: Councilwoman Wendy Coble-Tyson
Alternate: Councilman Tom Allar
TCC Rep: Councilwoman Wendy Coble-Tyson
Alternate: Councilman Tom Allar
Yoe Borough Police Department: York Area Regional Police Department
Health and Sanitation Officer: The office of President of Council
Right to Know Officer: Sandra Sterner
Term expiring 12/31/13: Dallastown Yoe Water Authority: Tana Bentzel
The motion was seconded by Councilman Myers. All in favor. Councilman
Snyder said motion carried.
Resolution 2012-01
Councilman Snyder said we had two terms on the Zoning Hearing Board that
needed reappointed. However those terms are for three years, and need to
be staggered, I don’t know how they got messed up, but they are not
staggered and at the same point, Sandy couldn’t find for her auditors where
we designated compensation rate for zoning hearing board at $25.00. It was
done by motion a long time ago. I have already gone over with the solicitor
on that.
A motion to resolve Resolution 2012-01: Now therefore be it resolved that
Council of the Borough of Yoe does hereby wish to rectify the Zoning
Hearing Board’s membership, so that terms be fixed to comply with MPC and
does hereby appoint, Patti McGonagle for a three year term to expire on
12/31/2014, Kerry Scritchfield for an initial term of two years to expire on
12/31/2013, and for each subsequent term to be fixed for three years. Michele
Miller Noll for an initial term of one year, to expire on 12/31/2012 and for
each subsequent term to be fixed at three years. Be it further resolved that
the Council of the Borough of Yoe, does hereby fix the compensation for
the Zoning Hearing Board members at $25.00 per meeting attended. Councilman Myers
made that motion to resolve. The motion was seconded by Councilwoman Coble
Tyson. Councilman Noll abstains. All others in favor. Councilman Snyder said so be it
resolved.
Minutes Page 4
Councilman Snyder asked if everybody had an opportunity to look at the minutes
from the prior meeting? Any additions or corrections? A motion was made by
Councilman Allar to accept the meeting minutes of December 6, 2011. The motion
was seconded by Councilman Noll. All in favor. Councilman Snyder said minutes
accepted.
Visitors
Councilman Snyder said anyone here to be recognized? Let the record reflect
no visitors were here to be recognized.
Solicitor’s Report
Attorney Baranski said Ordinance 2012-01 for storm water is on the agenda for
adoption. There were some changes from the draft ordinance. A motion will
be needed to adopt. Councilman Snyder said I had a question on that slope
drawing. Is the dark area greater than 5%? Mr. Malesker said yes. I think
the attachment C, or appendix C, that was your water district map that you
had, that is what a previous engineer did, so rather that redoing it, we just
used that. Unless you want us to re-do? There is only one district. The
secretary said that YCPC brought us a map with a memo attached from
June of 2011, I didn’t know what it was. Mr. Malesker said this is a flow chart, its
related to. I would keep that somewhere in the office. The secretary will put
it with the zoning things. Mr. Malesker said it’s a flow chart that YCPC had
training for, of what we didn’t put in, was the watershed map. You had one done
already, its just one district. It hasn’t changed at all. Attorney Baranski said if
we are going to pass an ordinance that has appendixes referencing a map, we
should have it. Mr. Malesker said I’ll make sure you get that. Councilman Noll
said you can pdf, I”ll get it to the group. Do we need to reference the attached
appendix? Councilman Snyder said as long as we have reference to the map,
we need it for the ordinance. Attorney Baranski said we should say that we
are waiting for the Storm Water Management District Watershed Map.
With that coming later, I think we are okay. Councilman Snyder said I did
have to change the signature page because it referenced 2011. Do we need
any further discussion on that, all the changes we discussed were incorporated
into it? Councilman Allar said are you aware of any bills or amendments to the
storm water management act? Attorney Baranski said I am not aware of that,
considering all the uproar this caused. As far as I know there is nothing in the
pipeline requiring changes. Councilman Allar said I know that there is one bill
HB 751, that’s going to totally drop off Section 12, failure of a municipality
to adopt the ordinance. There will be no penalty. The way its written now, if you don’t pass it, they can come down and issue a notice of violation, and you have 180 days
of receipt to explain why, if you hold off they can freeze any money. The state
Solicitor’s Report(cont.) Page 5
treasurer has been authorized to withhold payment of all funds payable to
the municipality. They have never done that in the history of the Commonwealth.
Councilman Snyder said we discussed and you know what the logic in, safeguarding
the residents. We’re putting in our amendments, to safeguard our residents. Pass them,
and have them challenge later down the road. They can’t say we aren’t in compliance.
Councilman Noll said at the end of February, finding out about MS 4 coming
in 2013, its going to be a lot stricter. Councilman Allar said there about 904 municipalities that are affected by MS 4 and have done nothing about it. Councilman Snyder said we are going to have years to work on MS 4. Discussion continued.
A motion to ordain to 2012-01 by Councilman Noll. The motion was seconded by
Councilman Allar. All in favor. Councilman Snyder said so be it ordained.
Attorney Baranski reported that the remaining two quiet title defendants, their
time frame is up on Thursday. Attorney Ehrhart will be able to finalize that.
Attorney Baranksi said I was asked to bring up for discussion the Mill
Creek Interceptors Agreement. I was suppose to put that out for discussion
tonight. Councilman Noll said I talked to several people who are part of the users group over the last month and I had a conversation with York Township. This post
agreement is the whole reason why and the file that goes along with it, these are
all except for the last two, which involved York Township and Windsor Township.
There are fourteen/fifteen amendments. The biggest reason the group would like
to get together is to take these amendments basically put them into one fluent
document. The reason for that is very simple. What you see here, there are basically
two authoritys, there is Mill Creek Users Group and there is the Yoe Dallastown
Sewer Authority. Most of the municipalities intercept through a straight line.
What they want to do, what is going to happen to us, right now, I’m not sure
how we budgeted for this, I wasn’t at the budget meeting. This was from the
last meeting, there is a pump station at the top, the largest pump station
in the pink color, and that interceptor is being rebuilt, it will cost Yoe,
on the last page, capital improvement expenditure of $17,865.71. The reason
we have to pay this, we are part of the users group, the way the users group
agreement is written we pay for everything. We don’t use this, we are paying
for it because we are part of the users group. $17,000.00 If something happens
in the blue, pink or purple line. Prorated on percentage usage. Its spread through
all the municipalities. What the York Township group, for the interceptor group,
is take all the individual municipalities, and charge, Dallastown is the big user
and they haven’t realized it yet, if it gets re written. Because everybody else uses
these interceptors, we would be pulled off of the maintenance, Red Lion Borough
would not pay for the blue purple or the pink line, they don’t use it, we don’t use it,
Windsor doesn’t use it. The other thing they’d like to do, is put meters on the line
that don’t currently exist, to see how much everyone currently puts in. An EDU,
is an estimated daily usage unit. We are not charged that way. At the end of the line,
whatever comes through to the Springettbury Township facility, we pay our
Solicitor’s Report(cont.) Page 6
percentage. So if Yoe puts in 500 gallons in we could be charged for 5,000 it depends
on what the user group puts in there. So what they want to do is, meter flows is one
of the ideas, the other thing to work towards a different way of doing maintenance.
Right now, we pay for everything. It would be done on your diameter of pipe and
your run of pipe calculations. You would only pay towards the interceptor what you
would use. So if they decide to do anything on the blue, pink or purple line in the
future, we don’t pay anything for it, if this agreement is re written. Anything above
Yoe we would not pay for. Those are a lot of the ideas. York Township since
the controlling party, at the beginning of the line and they will always be the
controlling party, they are looking at trying do a draft agreement themselves,
so there would be no cost to us for the draft agreement. Then if everyone
agrees to move forward, they would then forward everything back to the municipalities
to see if they are in agreement or want to make changes. A solicitor on there, I could
represent us, I would be willing to do that. I think we can avoid costs. Our solicitor
is involved with three municipalities, run it through the firm. Looking at everything
I think there is little down side for us. At this point we are giving permission to
go through and have the agreement reworked and a new draft to look at. It still
stands that everyone has to agree on the draft agreement. So we decide that they
are trying to cut municipalities out, by saying only 80% representation, if its
their goal, if we say we don’t agree with it, it’s a dead issue we haven’t spent any
funds. I think it would be incumbent of us, to allow York Township to write
the redraft at this point. Then we can judge if we want to go with us not now.
The other good thing they want to set up be redoing the agreement is a maintenance
fund, where some money each year will be aside for maintenance, upgrades,
pipe burst. There is no maintenance fund at this point, the boroughs are charge based
on their percentages. I checked with Windsor Township, Red Lion Borough and York
Township , sat down and look through the things. Discussion continued. Councilman
Allar asked if you know what kind of savings we are looking at? Councilman Noll
said at this point, no. Other than we know, we are part of the rebuilding the pump
station. We pay maintenance they way its designed on other parts of the line. I’m
not sure when Dallastown Borough gets involved, and the money they’ll have to
expend above and beyond what they do now. Their pipes are not in great shape,
and picking up a lot of maintenance that is shared by everybody. I feel they will
be the sole hold out. Councilman Snyder said at that point, Honey Valley is going
to be shared by York Township and Dallastown Borough. Councilman Noll said
yes. Councilman Snyder said instead of Dallastown’s Borough share being $9,000.00, they would be sharing half of the $88,000.00. Councilman Noll said yes. That’s what I mean. York Township wants to spend the funds to do this. Councilman Snyder said
oh yeah, I don’t have a bit of problem, my only problem was, we didn’t have it
budgeted so we weren’t going to be part of redrafting. Because what you told us
what they want to do, we had applied taken care of with the amendment nine years
ago and this interceptor wouldn’t have been an issue now had they signed. The only
issue was they failed to, when you are taking out that purple and blue. If this accounts
for the I and I, because it wasn’t going to be needed. They were going to take out
Solicitor’s Report(cont.) Page 7
all those users and if those users but in an extra hundred thousand gallons of I & I that
was going to get charged back to all the remaining users of Mill Creek. So all of
sudden, we weren’t going to have any sewer capacity even thought we spent money
for sewer capacity. That what was what, I ever tried to tell them I don’t have a problem
with it, cause we saved maintenance cost. Put a meter in, you just take out for every
meter. Councilman Noll said that’s one thing they can do, one to capture 90 to 100% of what is coming out of Red Lion put a meter at the bottom of this line so they can get the all. That’s the whole thing, what you had the problem before, they agree that meters
need to be put on now. And that’s again, why Dallastown in the long run is not going
to go with this. Councilman Snyder said now, for your comment, these charges here,
they’re already been taken care of, because that is being picked up by the Sewer Authority. They have the funds, this is nothing out of this pocket. The reason that
everyone is in such dire straits, is because they didn’t plan for it. So when all of sudden,
this $600,000.00 of repairs for this Honey Run pump station came up, it caught
them off guard. They thought that the agreement that was circulated nine years ago,
was passed. So they have to scramble with this money. Personally I don’t see why
they have to redraft the whole agreement, if they want draft something and have
us sign it. My whole thing was, and this whole thing bears it out, this council has
not been asked for anything since 1999. Its like why redraft something, where
the right to need to redraft a whole lot. And if this whole thing stems from trying
to take off this interceptor, I know why, York Township is trying to free up the
EDU’s that are on this interceptor. If that can be listed as the Honey Valley Interceptor,
they’ll purchase more from York City. It frees up EDU’s. I don’t have a problem with
that, I just cared the I and I issue when this is taken off, we’re not going to be charged
the actual usage that is going thru there. We only have 20 EDU’s available so a wet
year like this year, when it gets calculated out, for this coming year, we probably
have no sewer capacity. Councilman Noll said it is and it isn’t based on EDU’s.
It ultimately what flow that goes through that meter right here. Councilman Snyder
said that’s what Springettsbury has to treat. Councilman Noll said and if we have
no EDU’s, no one on the system has any EDU’s. If it’s a millions gallons that is
allowed thru this meter each month, and the three peak months we are at one million three hundred thousand, no body is building anything. That is how the agreement
is set up now. We will not lose EDU’s. Discussion continued. A motion was
made by Councilman Noll that we would allow the redrafting of the sewer agreement,
and York Township be the head of that, have everyone take a look at it, at no cost.
The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman
Snyder said motion carried. Attorney Baranski said he would like Nicole know that
Yoe Borough is in, with allowing for the redraft. Councilman Noll reintegrated for
no funds to expended whatsoever by the solicitor.
Councilman Snyder asked if everyone had an opportunity to read over the draft
ordinance? This all came about, we’ve been having quite a few issues up at the
park within the last few months, the latest being individuals were found up
at the park after dusk, they were cited for trespass when the police went to write
Solicitor’s Report(cont.) Page 8
the citation it came to their attention that the park ordinance was changed to specify
specific times. Which ironically, was done by the request of the police department
back in 2001, 2002, when they said it was too difficult to enforce, dusk to dawn.
Because what constituents dusk and what constituents dawn. So after with
talking with the mayor, he liked the idea, because right now its dark at five o’clock at night that is when the majority the problems take place. So I was mulling it around,
the issue became if they’re only having an issue that there is no set time, they
can’t define dusk to dawn, what else can we come up with. I started to do research
into other ordinances, found out the ones I came across, no one had anything other
than set times. Again back in the beginning of 2000, it was changed. The only
reason its unenforceable is because there is no good definition for sunset or sunrise,
I came up with a definition for sunrise and sunset which is easily discernable down
to a minute at any given time when it gets dark out. Discussion continued. Councilman
Snyder said I forwarded a copy to York Regional, never got back to me with comments.
Mayor Sanford said I did hear a verbal that they liked it. Discussion continued. Councilman Myers said I think you will have a problem with number 11, the right to carry a firearm. We get challenged at work about two years ago. We took it off
all our signs, if they want to carry a firearm, they just can’t discharge it or pull it out.
We went through a legal thing about that. Councilman Noll said I think that would be
fine, what we care about is discharging a firearm. Councilman Myers said its unconstitutional. All I’m saying you are going to get challenged on it. Councilman
Snyder said if there is something you want out, now is the time. I can delete that.
Councilman Myers said I’ll email you our ordinance on firearms at the park. Something
about pulling it out and acting in a reckless manner. We handled it a different way.
If they want to carry it with a permit and outside on their belt, they can do so.
Mayor Sanford said how can we handle knives and swords. Councilman Snyder
said the concern was we had a guy shooting a bow and arrow up on the pitchers mound,
target shooting. Attorney Baranski said I don’t think bows, arrows, knives, swords is
protected by the right to bear arms. So you can limit the right to carry bows, knives, etc, in the park but the right to bear arms is protected. Councilman Myers said I don’t know
why, the sunset and sunrise thing, we have it as 8AM in the morning. Councilman
Snyder said that is why we are going back to sunrise and sunset. We can add 12, no
discharging. This would take out the firearms. I’ll change 11 to no possession or use
of the cross bows, compound bows stuff like that. With the exception of those being carried by the on duty officer or elected/appointed officials. They should have their
batons and stuff. Number 12 I’ll add, no discharging of firearms. And I’ll put
on there with the exception of the on duty officers. The only reason I was putting
on borough officials, our dog officer carries a gun. If they are an elected officials.
Councilman Allar asked about number 6, bicycles and skateboards, we are saying no
to allow them on the basketball court. Councilman Myers said I thought we had
signage up at the tennis courts. We didn’t want them up there when we redid
the tennis courts. Mr. Shearer said there is one sign at the gate of the tennis courts.
Councilman Snyder said add in tennis courts/basketball court. Discussion
continued. Councilman Noll said the other thing is parking, with the parking up
Solicitor’s Report(cont.) Page 9
at the baseball field. Mr. Shearer said there is a sign there, up by the old backstop, and one up there. The sign says no parking from dawn to dusk. Discussion continued.
Councilman Noll suggested that parking is permitted only when using the recreational
facility. Councilman Snyder said that is part of number 5. That was the other issue
that we had someone driving donuts up at the ball field. Councilman Snyder said
to summarize: Addition to number 5: Parking permitted only when using the recreational facility. Addition to number 6: Or the tennis courts. Striking out on number 11: The
firearms and it should be changed with no possession or use, including but not limited
to. Addition to number 12: No discharging of firearms. A motion was made by Councilman Noll with the noted changes to advertise the ordinance for next month’s adoption. The motion was seconded by Councilman Allar. All in favor.
Attorney Baranski said she wrote the letter, I don’t think she has heard from Mr. Reidel.
Mr. Shearer said I had contact with the younger Mr. Reidel during the last dam
dredging. We pumped from the opposite side of the creek. Jake’s people went to
the other side, near the Reidel property. He expressed he wasn’t happy with the
letter, they were going to explore what their options were. I asked if they wanted
us to move the pump, they said no. The agreement with Jake expires at the
end of the year, with no renewal. We need access through that gate. Councilman
Allar said I could call Eric Jordan, cite them as the down stream property owner.
Say we’ll help you out a little. You are not happy when you get a letter from
a lawyer. Discussion continued. Councilman Snyder said have Nicole write another
letter saying we haven’t heard back from you, we’re just trying to be friendly here.
Councilman Noll said about moving the property easement,nullifying. Discussion
continued. Councilman Noll said when this letter is written, tell him that two
council persons are willing to come down there and talk about it. Offer to set
up at face to face meeting. Mr. Shearer said every time I bring in a truck or
mow there, I get hassled. We either have an easement across the property or
we have no access at all. I will work around not having access. Discussion
continued. Councilman Noll said to move this along, we send them a letter,
offer to have a face to face meeting, in the letter say move the easement
away from your building as a courtesy, like abandon that easement, move
it down. Councilman Snyder said and take over the maintenance responsibility,
because failure to maintain is causing us undo hardship. Councilman Noll said
the appropriate people, get an agreement hammered out, if he’s not going to
work with us, we know where we stand and we have an option. We either
put the money in to make that easement work or we sue them. Councilman
Snyder said we force them to maintain the property. I don’t have a problem
sending DEP or County Conservation down there, we have spend thousands
of dollars in dredging due to the erosion coming down there. Let’s start with this.
Attorney Baranski said Claycomb’s attorney, Marc Roberts sent Nicole a letter
today apologizing for the delay of getting back to her. And basically saying this
client is on board for easements and complying with the terms. Councilman Snyder
Solicitor’s Report(cont.) Page 10
said we did send him something. Councilman Noll said he is satisfied with the proposed
easement showing on the drawing, that you have provided is fair treatment for the
property. Its actually off the rail road property. Councilman Snyder said the easement
he wants is actually in the road right of way. Mr. Malesker said there hasn’t been a legal description. We just showed an arrow on a map. There is no official exhibit. We still
need to do an exhibit, do we label that a permanent easement. Councilman Noll said
make it a temporary easement with life rights. Mr. Malesker asked for the exhibit should
be call it a license? Attorney Baranski said call it a license. A motion was made
by Councilwoman Coble Tyson for Steve to draft up the land use license and to get
that description to Nicole to forward Mr. Claycomb’s representative. The motion
was seconded by Councilman Allar. All in favor. Councilman Snyder said motion
carried. Councilman Allar said John, before you forwarded that, can you send a copy
in here I’d like to take a look at it. Attorney Baranski said sure.
Councilman Noll said are you familiar with the email Nicole sent around for the
findings with the use of email from the Right to Know? Attorney Baranski said
the decision of Commonwealth Court on December 7, 2011 and it affects
municipalities in Pennsylvania. Emails on elected officials personal computer are
not records of the township, elected person acted individually, alone or communicated
with an outside party. I guess there was some concern, whether or not those things
could be considered recoverable with the Right to Know Law. It has been declared,
they are not. Emails on elected officials personal computer, are record of the
township if the emails are extinguished among a quorum of the governing body.
Documented transaction or activity of the council discussing certain things, enough
to constituent a quorum. The Right to Know officer must determine through a good
faith investigation of the emails requested were exchanged for the purposes of deliberation of the township’s business by a quorum of the body in the meaning
of the Sunshine Act, if that is true then the emails are public record. If you deny
a request for records, make certain you list all possible reasons for denying.
You have once chance. That’s a good sign of what emails you want to copy.
Councilman Noll said as long as we make a copy of it, we don’t have to save
all these emails. Attorney Baranski said if you reduce them to hard copy, reduce
them to hard drive if its part of the Right To Know request, you have to make
sure that they are part of that, so definitely make it hard copy. Councilman
Noll said should we have a destruction policy. Attorney Baranksi said yes, I recommend that to all municipalities I represent. Purge every seven to ten years. Councilman
Noll said we would like to have a destruction policy since we never had one. Attorney
Baranski said I’ll have Nicole send that around. Councilman Noll said at this point,
anyone can expect us to have anything. Have a policy to have emails for ninety days,
how we copy them.
Engineer’s Report
Mr. Malesker reported that I see there was correspondence concerning Orchard
Engineer’s Report(cont.) Page 11
Hills Vista. Eric had a site visit and issued a violation notice for some drainage
issues. It was titled Orchard Hills Vista but it wasn’t pertaining to that development
per say.
Mr. Malesker said I did talk to Jake and he said he did get the plans from Rettew.
But he didn’t get the description. Councilman Allar said Jake is going to give
a yeah or nay before the narrative. Once that conservation easement is done,
it will go to Mike Danko, then we can find out if he will release us from the
cease and desist order. Mr. Malesker said he said we are still waiting on the
land use agreement. Councilman Allar said Danko will review that before
we begin construction. Apparently that is okay by the township. Councilman
Snyder said they were suppose to be approving it. We need to get a copy to
Jake and one to DEP. Attorney Baranski said Nicole was following up on the land
owner agreement.
Mr. Malesker said Jake also mentioned. potentially for the two bridge projects
we are working on, he said there is a new grant out EPA, urban waters. Its not
for construction projects. He said we should meet and talk about that.
Councilman Allar said I got the stuff from Jake, its hard to tell, it talks about
research funding, improving water quality that support community revitalization, priorities such as public health, economic opportunities, etc. I’m think in
terms of two projects, Mill Creek Watershed Study for the basis of a major
project that would take care of several miles of Mill Creek including our
basin. Long term, start with some sort of research study. The other project would
be bridges, if someway we could get five or ten thousand. Problem is the deadline
is January 23rd. I was going to simply say if there is no cost to the borough. Make
a motion have Jake check it out and if we have a chance get the application in.
Councilman Noll made a motion that Jake applies for the waterways small grant
application, for work on our use at no cost to the borough, send it by January 23rd.
And have Steve send all the date needed to do the application. Mr. Malesker said
the grant is for research and studies. I can still copy him. The motion was seconded
by Councilman Allar. All in favor. Councilman Snyder said motion carried.
Councilman Snyder said we did receive two letters from Michael Conway, P.E., one dated December 29th and the other January 2nd, to advise Yoe Borough Council that
Christ United Methodist Church will be submitting an application to DEP to utilize
their general permit 11, maintain and rehab a portion of the concrete bottom slab
on the Mill Creek as it passes through the church property. In other words, they
are going to do their own thing. Mr. Malesker said he had called me and I asked
if he could please write a letter. He’s is going to do it for the church. That makes
it cleaner for the borough. We will proceed with the borough as the sole applicant.
Mr. Malesker said we went over the model ordinance.
Engineer’s Report(cont.) Page 12
Mr. Malesker said we did get the letter from Joel Sipe on DEP on the basin
inspections. We do have the signed signature page I did get that from John but
for some reason, it wasn’t in his copy or wasn’t the original. Joel was on vacation
last week, he will be in the office tomorrow. I’m just going to email those
to him, today. Insert those and that should be acceptable. The other comment
was for the EAP, emergency action plan. I got some information from John and we revised it for the format that DEP wants. That is going to be resubmitted.
Councilman Snyder said we did receive the updated page 3 of the flood damage assessment. Which gave the update cost figure which we turned for the FEMA/
PEMA grant, I forwarded that on to Mayor Sanford. Mayor Sanford said I am waiting
for a call back for the first walk thru, when I get that call I will contact you.
Mr. Malesker said in the meantime we will get that DEP GP11 permit ready.
And get quotes.
Councilman Noll said we talked a couple months ago about approaching Dallastown
Borough about materials. Have you heard anything from them, what do we need
to do to be part of the time/materials bid? Mr. Malesker said they typically
bid that in April, award it in May. They briefly discussed. A formal request
needs to be made. We will start in February. Councilman Noll said a letter on
letterhead that Yoe Borough is interested in sharing the bidding of. Mr. Malesker
said yes, to be a party of the equipment/ materials bid for 2012.
Councilman Noll said they can contact him, the letter makes it official. Discussion
continued.
Maintenance Report
Mr. Shearer reported winter operation as needed.
Mr. Shearer said we completed one rock vein dredge for the year. Councilman Noll
asked if we have a total cost of that for 2011. The secretary said she is still working
on that.
Mr. Shearer said I am getting some cost estimates on a 3 point hitch ppo powered
pump, ¼ inch pump. The fire company currently has 4 3 inch pump, they increased
the number of pumps on hand. We might be able to get away with that four inch pump
hitch that to our New Holland Tractor. That would sure save a lot of money, the pump
would be powered off the tractor so you wouldn’t have to pay for a power pump.
Probably come in, might be around $5,000.00 to $6,000.00. For delivery and pick up,
it was around $600.00 for the week. We should have a substantial savings.
Mr. Shearer reported that I do expect Code Administrators to filing a citation shortly for 53 N. Church Street for failure to respond to their notice to vacate. The property appears
Maintenance Report(cont.) Page 13
to be unoccupied at the time. But they have not properly secured the structure
against entry as it was listed in the Notice to Vacate. Update continued.
Councilman Snyder said they were cited again on December 12, 2011, we
received another complaint from a tenant that was there. Sewage spilling
out unto floor. We were able to get Codes to go down there to issue another
violation of an unsafe structure. Councilman Noll asked should the fire
department check into the building. Councilman Myers said it wouldn’t be an idea, when the city does that, that is when its boarded up. Councilman Snyder said I think the
fire department in the city is the code inspector. Technically I think Codes would
be the one to handle that for us rather than have the fire department involved in
it. Councilman Snyder said along with that, when you spoke with Codes did they
say any more about the property on 230. Mr. Shearer said I hadn’t talked to Norm
on that since that isn’t a rental property, that is more Dan than Codes. 53,
all three of us are involved, because of my capacity in code enforcement for
rentals. Discussion continued. Mayor Sanford asked if mail is received there.
Councilman Noll said pictures have been taken of boxes on the porch, day
later it wasn’t there. Councilman Snyder said how do we want to coordinate
or contact Codes on 230. Councilman Noll said I will give them a call.
Councilman Allar asked have you filed any past dues on property maintenance fee?
Mr. Shearer said no, I still to file that citation I haven’t done that yet. Down
to the one. The first of the year to send out 2012 letters. Councilman Snyder said
since this is all taken care of in the ordinance, they only have so many days, when
did you want to start to send out notices. Mr. Shearer said made sure we save
a copy on the computer of each individual letter. So its basically going through
open up the letter, putting in the current date. Printing it out and send out.
Councilman Snyder said can this be done in January? Mr. Shearer said I won’t
have to bother Sandy, I can print them out, sign them and send them out.
The secretary said stamps are available. Mr. Shearer said I anticipate on getting
them out in a couple of weeks. Councilman Noll said I would
suggest we send them out all the same day. Councilman Snyder said we
can set a goal to get those out before the end of month. The secretary said
we are not going to give them a second chance. Mr. Shearer said they will
get a second notice if not paid on time, for the $500.00. Councilman
Myers said how do you find out if an second apartment, if it’s a rental unit?
Councilman Snyder said anybody that isn’t owner occupied. Councilman
Myers said it its owner occupied in one part of the property and the other
part isn’t, how do we find that out? Councilman Snyder said that we don’t find out,
if its legal. We changed it, if its being occupied and you’re not the owner, its
deemed a rental. If there in the same house, we don’t know that its family
members living in the same house. Councilman Myers said he knows of
someone who looked at the apartment that wasn’t a family member. How
do they prove that isn’t not? Councilman Snyder said they would send the
letter back saying its not being rented or we don’t have a second facility there.
Maintenance Report(cont.) Page 14
Councilman Myers asked how do we prove that it is? Councilman Snyder
said in this instance if we have someone to testify. Councilman Noll said
do we have access to get these addresses in Yoe Borough. Mr. Shearer
said if that is the case, it’s a theft of services, they should be paying
two municipal service fees. The burden of proof is on us, we had
to build a case. Councilman Noll said I would like to take tax map and
put all the addresses on a spreadsheet. Have to walk the town. Councilman
Snyder said just like the situation that we just had our zoning hearing on
High Street, there are going to be those instances where they sneak under
the wire, as we find them, we start building a case. Once we get enough
information we take it to the solicitor and say is this enough information to
go file a charge. All we have to file a charge that they failed to list it,
it’s a $100.00 fine. Discussion continued.
Zoning Officer’s Report
Councilman Noll reported a total of 3 ¼ hours, 12 miles. He dropped
off the information last month, letter to Craig Lehman for sewer back up,
Zoning Hearing Board for 33 E. High Street, the sign for the meeting.
Councilman Snyder said as you are aware during reorganization we
split starting this year, the duties of the zoning officer and code
enforcement officer. Any response back from the committee on
the code enforcement officer’s position? Councilman Noll said
we have a third person for an interview, that we would like to
set up. Look at our calendar and get a time and date. Councilman
Snyder said so long as everyone on council is aware, we had to
do this so we didn’t lose Dan as our zoning officer. If we have
a code enforcement issue, tell the resident to bear with us.
Councilman Snyder said they were cutting us and weren’t renewing,
and gave us ninety days. I told her what we would do, we should
be able to hire someone, tell her council that we were splitting it off.
Honestly we don’t want to use him for code enforcement. He has
to follow up and complete what he is doing.
Councilman Snyder said I was going to recommend, we have no
authority over the Zoning Hearing Board other than appointment,
said if the council wanted to send a letter to the members, stating
that council has a concern about their solicitor.
Executive Session
A motion was made by Councilman Noll to go into executive session
at 9:26PM. The motion was seconded by Councilman Allar. All in favor.
Reconvening the Regular Meeting Page 15
Councilman Snyder reconvened the regular meeting at 9:49PM. Let
the record reflect that the council discusses some personnel issues and
it was determined that the council president is to send a letter to the
Chairman of the Zoning Hearing Board, informing them of the new
appointments and the dates of their terms, encouraging them to meet
to reorganize and to avail themselves of potential training.
Emergency Management Report
Mr, Smith said he made two copies of emergency management book for
elected officials. One was given to Councilwoman Coble Tyson and Mr.
Strausbaugh.
Mr. Smith said we reviewed our Emergency Operations Plan. Councilman
Snyder said that was what we discussed under the engineer’s report, John
has been working on, it wasn’t in the right format. Discussion continued.
Mayor Sanford said the next meeting is next week.
Councilman Snyder said we received a request from Ted Hake from
down at the Ambulance Service, that the three municipalities, Yoe Borough,
York Township and Windsor Township need to sign off on this, we need
to approve it, to changes with the fire run cards. Which will be updating
them with the forms and the requested changes are to remove Medic 97-4,
as a responding unit out of York Hospital because that is no longer there.
Then to add Station 36 to AED responses with all EMS units. Dispatch
Station 36 to all AED criteria. A motion to sign that, one signature page that
has to be circulated with all municipalities, by Councilman Allar. The motion
was seconded by Councilwoman Coble Tyson. All in favor. Councilman
Snyder said motion carried.
Mayor Sanford said the update on the application for funding for FEMA/
PEMA, the application forms that were sent in, were acknowledge and
the copies returned to me. The next step is to set up a site visit. Councilman
Allar asked how does the fire company and ambulance feel about the
parking restrictions 20 feet away from the edge. Councilman Myers said
20 feet is ½ of the parking lot. Councilman Allar said I read the report, but
I don’t see how you can do away with it. Councilman Allar said it
talked about the bags being over extended, over loaded. I hope John is
successful in the application process. Discussion continued.
Mayor and Police Report
Mayor Sanford said my report is circulating. I do not have a police report because
Mayor and Police Report(cont.) Page 16
the borough did not receive the November report.
Mayor Sanford said I did circulate the information on the three officers
retirement at the end of year.
Mayor Sanford said highlights, I performed a wedding the day before
Christmas Eve.
Mayor Sanford said we had a theft in the park. Dana had gotten some
snow markers, they lasted about two weeks and now they are someone
else’s snow markers. Councilman Myers said we had the same issue,
we just made wooden stakes and painted them red. Mayor Sanford said
I filed a report as a matter of record.
Councilman Allar asked if there was an update on the vandalism at
the park? Mayor Sanford said I talked with Officer Spangler on
Friday of last week, he had a couple days to appeal that. I think that
time has expired, there should be bench warrant out. The other
situation at the park was the trespassing.
Secretary’s Report
The secretary thanked the council for the Christmas gift.
The secretary reported today the borough received a check for $3986.05 on
the insurance on the hydrant hit on Elm and Philadelphia Street.
The secretary said I had a phone call from a resident that lives on
E. Philadelphia Street in the apartments. She is asked me about
getting a handicapped parking sign for the parking lot. There is nothing we can do?
I told her to contact her landlord. She is afraid that the landlord
won’t do that. She inquired about legalities and I advised her the borough
is not allowed to give any legal advice. It was decided that there is
nothing that can be done for her. The secretary will call her back.
Councilman Snyder said the secretary did notify Chief Gross on the issues
of the parking citations issued, they still haven’t updated their books,
the $10.00 fines were still being issued. So she went directly to
Chief Gross on that since our communications prior didn’t do any
good.
Councilman Snyder said we received the copies of resolutions and
ordinances that were adopted last month.
Secretary’s Report(cont.) Page 17
Councilman Snyder said we received the notice from York County Solid
Waste, they are holding a Christmas tree recycling from December 26, 2011
to January 31, 2012 Residents can bring their tree to the authority’s
yard waste, seven days during daylight hours. Their electronics
recycling collection at the authority’s yard waste, Manchester Township,
no fee and no limit, that is held the third Saturday of each month
from 9AM to 1PM.
Councilman Noll said we have been involved with Benchmark program
for over a year, in my humble opinion Benchmark hasn’t done anything
that they were suppose to do. They were suppose to combine the bills,
have us go to one check. So many things, this unfortunately the same
as those other providers, we call it scamming. They are definitely
not doing what they are suppose to, we had trouble at work with
several contracts. We have to find out what we need to do. We had
a representative down here, in July in August. We requested things,
and they didn’t follow up. A motion was made by Councilman Noll
to release ourselves with Benchmark, and go back to our regular
provider of gas and electric. To taylor that to what we need to do,
if we have to give notice, if all we have to do is to notify them
that we are terminating, to do that under the terms of the contract. The motion
was seconded by Councilman Myers. All in favor.
Unfinished Business
There was no unfinished business.
New Business
Councilman Allar said I had a call from a councilperson from a neighboring
borough. He was asking if Dallastown Yoe Water Authority considered on
going with York Water. Are we going to York Water? Does have Patti
have any information? Councilman Myers said there were regular issues
with Red Lion, the councilperson that called from Red Lion, let the water
authority deal with it. Red Lion is still the supplier of water. Discussion
continued.
Mayor Sanford asked that Penn Waste be contacted about a Christmas tree
near the address of 254 S. Main Street.
Payment of Bills
Councilman Snyder asked if everybody had the opportunity to look over
Payment of Bills(cont.) Page 18
the bill list, any questions? The additional bills are Ecostruction: $2859.00
(dredging Dec. 2011), Verizon Wireless at $50. 54. A motion was
made by Councilman Allar to pay the bills with the additions. The motion
was seconded by Councilman Myers. All in favor.
Adjournment
A motion was made by Councilwoman Coble Tyson to adjourn the meeting
at 10:22 PM. The motion was seconded by Councilman Snyder. All in favor.
