Wednesday, March 7, 2012

Yoe Borough Council Meeting Minutes - February 7, 2012



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on February 7, 2012 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order by the President of Council Sam Snyder at 7:02PM beginning with the Pledge of Allegiance.

Council Members in Attendance:

Sam Snyder

Tom Allar

Seth Noll

Barry Myers

Wendy Coble Tyson

George Howett

Others in Attendance:

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance Supervisor

Regan Strausbaugh, Resident/ Council at Large

Nicole Ehrhart, Solicitor

Steve Malesker, Engineer

John Sanford, Mayor(arriving later in the meeting)

Patrick Wolfe, Dallastown Cougars Representative

Jerry Pickel, Wildlife Enforcement Officer

Jason Housel, Resident of 47 N. Main Street, Yoe.

Swearing in of Regan Strausbaugh

Councilman Snyder said first on the agenda, we do have an open council seat. Let the record reflect that under Section 903 of the Borough Code, the designated winner of the

last election failed to qualify within the appropriated ten days so the seat is vacant.

Without further adieu, I think everyone has had the opportunity to talk to Regan over

the last few months and get to know him, its finally time to bring him on board

officially. Councilman Snyder issued the oath of office to Mr. Strausbaugh. I, Regan

Strausbaugh, do solemnly swear, that I will support, obey and defend, the Constitution

of the United States and the Constitution of this Commonwealth, and I will discharge

the duties of my office, with fidelity. Councilman Noll asked if we have to vote or

have a motion. Councilman Snyder said no, so we sort of did vote him back when

he couldn’t take office at that time.

Minutes Page 2

Councilman Snyder asked if everyone had an opportunity to look over the minutes from

the prior meeting, any additions or corrections. Councilwoman Coble Tyson said yes,

just minor. Under nominations, first paragraph, second sentence, let the record reflect

I think we have some missing words like all of those who, that all of those who certified

as winner. We have something missing. All we have is that were certified as winners.

It should be something like. all of those who were certified as winners and all we have is

let the record reflect that were certified as winners. Councilman Snyder asked which

paragraph? Councilwoman Coble Tyson said under Nominations, fourth paragraph.

Second sentence beginning with let the record reflect. Councilwoman Coble Tyson said

I think it should state all of those who. Something to that affect, all of those who

were certified as winners. Councilman Snyder said so we can change it to all of those

who. Councilwoman Coble Tyson said correct, we can add that, from that to the were

to make it correct. Councilman Snyder asked any other additions or corrections?

A motion to accept the minutes of January 3, 2012 with the noted addition by Councilman Allar. The motion was seconded by Councilwoman Coble Tyson.

All in favor. Councilman Snyder said motion carried.


Councilman Snyder said Jessica Geer is not present.

Councilman Snyder said Patrick Wolfe. Mr. Wolfe said I’m here on behalf of Cougar

Baseball. I have been in contact with Sandy about getting reservation for the field

for the summer, we have two season coming up, we have a spring season and a fall

season. A break in the season from the middle of June to the end of July. I would

like favorable consideration requested for the use of the field. I did call, he said

he would not be interested if he couldn’t have the field for three to five days a week.

He wants for a bigger block of time. At the same time his season ends as well.Typically for the fall league it’s the last week in October but we have it listed until November 4th

if needed. Councilman Allar said so after November 4th, it could be used for the

men’s football league if needed. Mr. Wolfe said yes. We are planning on doing some

field work, putting some grass on level, we have to do the water thing first, then

work on the grass in field. We will work on that. Councilman Allar said don’t forget

stay in touch with him. Councilman Snyder said I have one comment on your letter,

it says for both seasons you will be using it from 5PM until dusk on weeknights,

and 8AM till dusk on Saturdays. Just to let you know, ironically as of tonight we

are going to be passing an ordinance that the park closes and the park also includes

the ball field, once it passes tonight we will have a definition and it will be closing

at sunset. Sunset is defined as the daily disappearance of the sun below the horizon

in the west as the result of the earth’s rotation, the exact times vary daily throughout

the year and to be calculated using any current, printed or published, electronically

or bound almanac. I just wanted this note because you wanted it till dusk and now

we are closing it technically at sunset. Mr. Wolfe said sunset is fine. Councilman

Visitors(cont.) Page 3

Allar said if there is any complaints or problems. Mr. Wolfe said any complaints

or concerns, I am willing to give you a schedule that we’ve got published and realize it

is a working document and changes on a weekly basis. If there is a concern about a

field or usage of the field, you’ve got to in touch with me, my contact information is on

the letter. I know who is on the field. I am the most knowledgeable on who is on the

field on any given night. If there is any problems, you want to give me a call by all

means, I’ll take down the information. The secretary asked if the portable potty will

be taken care of this year. Mr. Wolfe said yes. The secretary asked the certificate

of insurance, double check with your insurance agent in case you’ve changed I don’t know to make sure that in April we should get that. Mr. Wolfe said you should have

that current one. The secretary said I do, I have a problem when people change

insurance agents I don’t get it, I have to bug people, I am making you aware that I

still need it. And also the portable rental, it should be removed before Halloween,

always make sure it is off of the field before Halloween because previous years

people have knocked down the portable potty during Halloween. Mr. Wolfe said

you haven’t had a problem with that within the last years. The secretary said no,

you have been doing really good, but I am giving you this verbal reminder.

A motion was made by Councilman Allar to allow the Cougars to use the field

at the specified times. The motion was seconded by Councilwoman Coble Tyson.

All in favor. Councilman Snyder said very good and thank you.

Councilman Snyder said Mr. Pickel. Mr. Pickel said its that time of year again.

Here is a contract for your signature for 2012. There are two amendments

to it, one has to do with $5.00 additional fee for set ups for traps and the other

one is, you had two contracts last year, one was for overall for taking care

of pigeons in the five block area down here, I wrapped everything into

one contract this year. The ten dollar fee for each pigeon is now twenty,

reflected in this contract here. Those are the only two changes. Councilman

Myers asked so its twenty dollars per bird. Mr. Pickel said yes, which was

in the second contract last year. So I just did it in one instead of having

two pieces of paper. Councilman Allar asked did we catch anything at

the Smith property? Mr. Pickel said we never caught anything at the

Smith property. Councilman Snyder asked questions or comments? A motion

to accept the 2012 Wildlife Contract with Mr. Pickel by Councilman Allar.

The motion was seconded by Councilman Myers. All in favor. Councilman

Snyder said motion carried.

Councilman Snyder asked any other visitors that would like to be recognized?

My name is Jason Housel, I live across the street from Mr. Allar. I won’t take

a lot of your time up but, I wanted to let you know my concerns about the

traffic, a lot of traffic. I made a few phone calls to PENN DOT, they said if

the borough would make a recommendation to go ahead to do a study they

could maybe change the signage, put some stop signs at some spots, maybe

Visitors(cont.) Page 4

something like that. I’ve got an email here, I can share with everybody,

it simply says that they get complaints every day at the police station about

traffic. I know you guys don’t have a lot of resources. I’m not asking for anything

crazy but I do live right there. As they come down the hill, they speed up, they

go thirty to go through the light and stuff like that. What the solution is, I don’t really

know. But I wanted to bring it to your attention. Do you want to see that email

at all? Councilman Myers asked is that the email from PENN DOT. Mr. Housel said

its actually from York Area Regional Police Department. I spoke with Gary Ishman,

from PENN DOT, nice guy. He said that they will, PENN DOT will change

signage rather than going ahead and having a traffic study, he said to speak with

somebody, maybe the mayor. Take your time and look at the information. It is

an issue, I know you are trying to clean up the town but who wants to move into

a town where the traffic runs down the main highway into town. Its like Route

30, out there, sincerely. I moved here last June been here a year and half, its

horrible. I leave this with you if you’d like. Councilman Myers said and he said

they would change signage,what? Mr. Housel said maybe put high speed stop

sign or something. Councilman Myers said typically you are not allowed to put

a stop sign out for speed. We tried that in the borough on another street and we

got hammered for it. Mr. Housel said I guess what my concern is, I have no

idea how you conduct business, I’m not here to tell you what is in your job,

there is an issue, a huge issue. Councilman Myers said I’m not arguing that point.

Mr. Housel said and again, if you could put a stop sign at my house, maybe seven

feet, or eight feet away, keep the cars from going 45MPH, its very, very unsafe.

Its unsafe for me to be out there in a snow truck. Its something to think about,

I’m sure if its that way in front of my house, its that way all the way up the

street. People use it as a thorough fare. Its useful for the people of Yoe, but

people from Dallastown, Red Lion are using that, to go up and down and its

not benefiting the people who live in Yoe. Councilman Noll said so we know,

what section of the street are you talking about? Mr. Housel said I live at

47 N. Main Street. Really there is no place for police to sit. Put a stop sign

somewhere at Water Street, make people slow down, force them to slow

down. Councilman Noll said you are talking about Main Street itself. Mr.

Housel said something I don’t know, they said they wouldn’t put speed

bumps out there, they did say, there are some manholes that are below

grade on the road, which should be raised up and its your responsibility

of the water/sewage company not the borough self. People that come

down with trucks, and hit that, my whole house rattles. Councilman Noll

said PENN DOT was the one that came to the borough about two years ago and

that point, in my opinion didn’t give us anything. Its been PENN DOT’s rule

if there is anything that they can go back on the municipality, at one point, they

do that, so. I’m not saying its not a problem, I am giving you the background.

Mr. Housel said I’m not here to attack anybody, I thought about it and thought

about it and I’d thought I’d verbalize my concern a little bit and it is a real

issue. I don’t mind traffic. It’s a lot of traffic, very little of the traffic goes 25MPH.

Visitors(cont.) Page 5

Councilman Noll said they put lines down near my house on the south end. We

can pass it along to the mayor and he can request a speed check in that area at some

point. Councilman Snyder said they can’t, too close to the intersection. Councilwoman

Coble Tyson said they come around that corner almost air born, a thousand times

on that corner. Councilman Snyder said just to let you know what we’ve been up

against, I’ve been on council for twenty years, and it has been a problem for

twenty years. Barry was on even before me, its been a problem since he’s been on.

When it comes to enforcement, you can only put the speed enforcement if its within

so many feet of an intersection they don’t allow it. They have to have so much

distance to have a sight distance because the lines have to be so far apart so

they can calibrate them. There is only so many areas where the police can actually

get the lines so they can use the VASCAR. When it comes to PENN DOT, we have

heard this numerous times, that they don’t allow stop signs for speed enforcement.

So if your issue is enforcing speed, they wouldn’t even consider putting in a stop

sign. They may consider something like, timing of the light, if that would help

but that isn’t going to really affect the speed. You just naturally pick up speed

coming down that hill, and pick it up coming down this side of the hill. The other

problem that we face is 24 and 74 are main collectors for the lower end of the county

to York City. The only arterial collector to get from one side to the other is right here.

If you think about it, if you are familiar with the area, the only other way you can

get from one side to the other, is going into Walnut Street, Chestnut Hill and then

over eventually get to Belle Road and eventually get to there but there is no

straight shot. I was actually on the York County Transportation Steering Committee,

and that was one of the things that we were trying to identify, was trying to get

another collector street from that side of the county, or even York Township to

the other side. Which they are actually looking at the St. Charles in there but there

is not way to get them from Springwood Road over, again we are in a nasty spot.

So traffic, so its going to increase probably, the more development we get around

here. Its just a natural collector. Mr. Housel said are there any plans to combat that,

I’m just curious? Councilman Snyder said we have laughed about it for years,

that we need a bridge built one side of the hill to the other, to bypass Yoe. I mean

its not an easy, easy fix, not at all. Councilman Allar said one of the issues, which

I didn’t realize until I rode with one of the patrol officer’s is, the officer have

the discretion when they set these speed traps, some can be 10 miles over, some

are fifteen, some are even higher than that. Maybe we can have some sort of

arrangement through John, we really want to hold it that point. We site it at

less than ten. Councilman Snyder said that’s the problem with VASCAR.

Councilman Allar said that’s what they claim, fifteen or twenty, they are going

to do thirty, that right there could be an issue. You and I talked when we

were doing the budget, about more speed traps. We didn’t drop the budget,

we’re going to keep the same number of units. So lets do something about it.

Councilman Snyder said and again, they have increased because I see them,

they are up on our side because that is where they can get them. They are up

there and they are on either side of George. Mr. Housel said I didn’t want to

Visitors(cont.) Page 6

take a lot of your time, I just wanted to bring my concern to you. I thought

the stop sign would be one of the cheapest ways, even if you would

run it cross wise. I know the school bus stop right there at Water St.

Maybe to justify a stop sign and cross walks. I’m sure there are ways

around it, or something that could be done, to be cheap and make

it functional. Councilman Allar said the only idea that is cheap,

would putting two stripes going down, hold it back. Completely

putting stripes down, psychologically appears that the road is smaller,

that slows traffic down. Federal Department of Transportation will

use. LTAP is the place to go and have them come in. And ask them

about that, and they are so cheap. Mr. Shearer said as far as LTAP,

there not going to actually do the study for us, we would have to have

someone do the study. Councilman Allar said didn’t they come in

and do it on Broad Street? Mr. Shearer said what we did there, they,

what we did they, a study using their monitors. That was the one time

deal where they installed them. Any other time, we install them,

they will issue the information. But as far as a traffic calming study,

we would have to get a transportation engineer to do the study.

Councilman Allar asked why can’t they come in and do the same

devices on Main Street? Councilman Myers said they would probably

do that. Mr. Shearer said like I said, the first time was the training

session for me to install. I would have install, we would have to do

two studies. Councilman Allar asked I thought you were certified?

Mr. Shearer said I wasn’t certified, they just came down and showed

me how to nail them down. I went to LTAP’s traffic calming class.

But you’re talking about, striping and all that, I’m thinking because

it’s a state route, we’re going, you have to get a study done from

an engineer standpoint to be able to do that. Remember when we

had conversations about striping on Main Street before. Specially

when we had to fight with them on the yellow line past Yoe Park.

So we would need a stamped engineer opinion to be able to

get that striping. That’s probably one of the few traffic calming

things that you’re going to get. Like you said, stop signs would

be out of the question. Councilman Myers said I can’t believe they

told him that, that leaves him to believe that PENN DOT would do it,

and we’ve all been down that road, at work I’ve been down that road,

they just. Mr. Shearer said I can show you in the PENN DOT pub

212, where that’s the warrant, that’s not an acceptable standard for

a warrant to install a stop sign. And the reason that they don’t install

stop signs, is because what they found is that, that actually increase

speed, because they have to, mentally they figure they have to make

up that time. That’s why through that area, because I live on

the other side of that intersection, I know exactly what you are talking about.

I live on the corner going up the hill or coming down. And I see it in

Visitors(cont.) Page 7

front of my house too because they accelerate coming down the hill

because they don’t want to have to stop. They want to get through the light.

Mr. Housel said the other way, they zip around that corner at that bend

and pick up speed. Mr. Shearer said the other thing is, they prefer education

and enforcement, before they go for more traffic calming measures. So first

off, we should hammer the police for enforcement on there as much as

possible. Make use of the mobile speed limit sign, which I believe that does

record, to be able to get a report off of. That would get us, numbers as far

as speeds, what our 85% speed is, the average speed. Councilman Snyder

said I think that is what is going to kill us, of anything we want to do as

far as traffic calming. We tried this up on Broad Street because we felt there

was a big speeding issue up through there. What we found is in order to

enact these speed calming devices, because I actually had it worked out to

get these speed humps and everything. You have to hit a certain ratio of the

amount of vehicles that are actually speeding. Not that one person that

is going 50 MPH but the majority of the people that travel that daily are speeding.

I think when you honestly look at it, you’ll never come close to those numbers

down there because every time you hit a red light especially at five o’clock,

traffic is backed up to my house, and they have to slow down. So, when you

look at the percentage of vehicles that are actually going through there, I don’t think

you’d ever hit that 15% are speeding because they’re naturally are going to have

to stop. At least 85% of the people are stopping at the light. I think that is what

is going to kill us when it comes to that. I do think though, at the very least,

can get the mayor to request the speed limit sign and that would give us some

hard data. Mr. Shearer said another thing, and I have pondered this on Main

Street further up the hill. Mr. Housel asked you do believe there is an issue here?

Mr. Shearer said I know there is. Councilman Myers said I think we all agree with

that. Mr. Shearer said we all agree that outside the morning rush and evening

rush. there are problems especially after the evening rush through up through

ten o’clock there is a real big problem. 4 to 6AM there is a real big problem.

One of the other things that I was kicking around was possibly asking if we

would like to look at a permanent speed sign like the one that is on the trail.

There’s some solar powered devices out there that are speed limit sign you can

add it with a posted speed limit sign, flashing sign that gives you the speed.

Maybe that is something you would like to look at. Give them that visual

of what their speed is and that kind of goes toward the education stand point

of we’re showing them that this is the speed problem, you are speeding.

Outside of that, one of the things the state legislature has had for years failed

to do, give us local enforcement, radar. And you know that is something

if you want to work with our higher elected officials and let them know,

we need to start pushing this, It’s a problem everywhere, for whatever

reasons, they handcuff the police and don’t allow them. I think we’re the

only state in the nation that doesn’t give our local law enforcement, radar.

Mr Housel said thanks for listening, I came out to share my concern and hope

Visitors(cont.) Page 8

if the phone call to the local police department doesn’t’ work out or can’t figure

out what to do, that its not just a lost issue. That the Borough of Yoe says

we have traffic problems, something has to be done somehow, somewhere.

Councilman Allar asked that mayor check into the discretion that the officers

use on the minimum that they use to site for speeding.

Solicitor’s Report

Adoption of Ordinance 2012-02

Councilman Snyder said Ordinance 2012-02, an ordinance amending the Yoe

Borough Code of Ordinances Chapter 16, Parks and Recreation, to amend

the definition of trespass, to add the definition of sunset and sunrise and

to prohibited conduct and to provide for restricted areas. All the changes that

were discussed at last month’s meeting were already included and that

was revision was circulated around. Is there any further discussion?

A motion was made by Councilman Noll to ordain, ordinance 2012-02.

The motion was seconded by Councilman Allar. All in favor. Councilman

Snyder said so be it ordained. Councilman Snyder asked that a copy be

sent to the police. The secretary said she would copy the police and

send to Keystate Publishers, Ordinances 2012-01 and 2012-02 and the

first resolution to try to get them to update it. Councilman Snyder said

when you send this ordinance under cover to the police you want

to add a second note about the parking ticket for parking fines. We

never heard back. We just want to remind them, we never heard

any response.

Solicitor Ehrhart updated the council on the quiet title action. The two

defendants, we took judgment against. All the defendants except Claycomb,

we have judgment. Claycomb, the letter went out to his attorney, John and I went back on forth on whether we should do an easement versus a license and we opted to do the

license because that is more protective of what the borough wanted. So that went out

to his attorney, what we did was the isolated area, that C. S. Davidson did a legal

description of, just give him access to the shed. He did review that with his attorney,

he was okay with that portion. Its good as long as he owns the property. He transfers

the property over the license terminates. This will be a recorded document, it doesn’t run with the land so. I’ve also reserved your right for whatever reason, you need to get into

the property and the shed is in the way, you are allowed to get into that property. So I reserved all your access rights. Hopefully that will be signed and get it back to you

next month for your action and signature and get that recorded. This is the last piece

of the quiet title, so its done. Councilman Allar asked does it state about maintenance

on that document? Solicitor Ehrhart said the area with the shed will be his maintenance.

Councilman Allar asked but its clear that it doesn’t come back on us? Solicitor

Ehrhart said I don’t think I specifically said that he will maintain that area, I can

Solicitor’s Report(cont.) Page 9

certainly add that in. Councilman Allar said we said at the last meeting, that you

would send that out so we could get a look at it. See what area on the map it was.

Solicitor Ehrhart said it has gone out.

Solicitor Ehrhart said John said there were some questions on document

retention and on establishing a policy. I did send over today, it was

a big document. The law as regards to document retention and a sample

resolution from Springettsbury Township. Basically what you can

do is adopt the Municipal Records Manual. Last approved December 16, 2008.

If you adopt it as your policy, you will use that policy. Its very specific.

If you want to do that, you need to pass a resolution. That follows up

if you don’t have one. Councilman Noll said I saw it came in this afternoon,

its 108 pages. I can pass it around. Councilman Snyder said, it’s a 108 page

document, if we pass it, we have to follow it. Who is to say if we don’t have a

policy, whose to say what we need to save or have or threw something out.

Once you pass it you do have to follow it. Discussion continued. Councilman

Noll asked that this document be reviewed for a month.

Solicitor Ehrhart said John had mentioned that you wanted the standard

list of denials for right to know. There is a section under the right to know law,

708.b, which lists the thirty exemptions. I will send them to you via email.

Councilman Noll said it would be good to know.

Solicitor Ehrhart said the follow up with York Township and the DEP agreement.

They didn’t take action on the agreement which was before them in January.

They tabled it. Steve Hovis told me they tabled it. He said they would act

on it this month, so I should have for you next month.

Solicitor Ehrhart said on the Mill Creek Interceptor. I let Steve Hovis know

the borough’s position, that you want to be limited in your involvement,

and that you would review any draft agreements and that you didn’t want

your solicitor attending meetings to talk about the agreement. I did forward

the point of contact information of Seth Noll to Mr. Hovis. They will keep

Seth in the loop.

Solicitor Ehrhart said the last thing was the easement sent over by Jake Romig.

Both Steve and I reviewed it and we left him know it was appropriate and

we didn’t have any comments on it. It was just a drawing and legal.

Solicitor Ehrhart said we sent correspondence to Mr. Reidel. It is appropriate

to break into executive session to discuss land acquisition.

Councilman Snyder said just to clean up solicitor before we go into executive

session. We had a request from the SPCA to entertain the idea of an ordinance

Solicitor’s Report(cont.) Page 10

for tethered dogs. It will be here for people to consider. They are planning

on their officers for enforcement if we were to consider it. Discussion

continued. Councilman Snyder said the minutes reflect that there is

a consensus of council that at this time we are not going to act on their


Executive Session

A motion was made by Councilman Noll to enter into executive session

at 7:59PM. The motion was seconded by Councilwoman Coble Tyson.

All in favor.

Reconvening of Regular Meeting at 8:24PM

Councilman Snyder said let the record reflect that the council discussed

land acquisition.

Solicitor’s Report(cont.)

Councilman Noll said just something to think about. This has to

do with a presentation that was put out, on liability with the

volunteer firefighters because of our relationship and falling under

the new law that was passed on cancer with municipal rates for

workers comp. There were a couple questions that they had,

one was with new hires are they screened for cancer and are

they considering that and the other one was there have been some

instances at events that fire company personnel have been hurt for

whatever reason at a fund raiser, there is a gray area of what is

or isn’t covered by workers comp. I don’t know if we ever talked

about that kind of stuff. Councilman Myers said we have always

been covered. Councilman Noll said I don’t know if we have any

policies on that kind of things. Councilman Snyder said in our

ordinance it is outlined as any fire company officially sponsored

event, like fire police at a parade. Councilman Myers said at one

time you had to come to council for every event but it became

too cumbersome for the borough council that is how that ordinance

came about. Councilman Noll said it is something to think about.

Discussion continued. Councilman Noll said there was some question

on background/child safety checks, do you do any of those types of checks?

Councilman Myers said anyone coming in gets a background check.
We do a state background check with the Pennsylvania State Police.

Councilman Noll said Megan Law violation? Councilman Myers said

if you apply to the fire company, I would go into Megan Law and check

myself. I would circle around the area where you live. Periodically,

Solicitor’s Report(cont.) Page 11

I’m not the fire chief any more, I would set down at some point, I do it with my

employees, I just pull up their name on docket, if I knew they were in Ocean

City, I would go into Maryland and check. Discussion continued. Councilman

Noll said if anything would happen, it would come back on us. Councilman

Myers said other than handling workers comp, you guys don’t run the fire

department. Councilman Noll said any lawsuit, it becomes legal fees possibly

for us. I am going to hear more about this coming month, they are telling us

our workers comp rates are going to sky rocket over this new cancer coverage.

Discussion continued. Councilman Noll said I bring it up because it could

have an impact on our budget for this year and if you are seeing anything

on the legal side because of this firefighting cancer side of things you need

to be aware of. And to see if we need to do anything with teeth on background/child safety protection. It sounds like we have the fund raisers covered, if they are doing

fund raisers they are covered in that. Councilman Myers said it probably wouldn’t hurt to have her look at the ordinance again and make sure our firefighters are covered at a

legitimate volunteer when it is a fund raiser. Councilman Noll said a fire company sponsored, you will have it in your minutes. Councilman Myers said there are probably

a couple more things the fire company should do, I know at work we pull drivers license. To make sure that you have license. Background checks we do every other year.

I would like to see us to do a national review, but it costs $140.00. Councilman Noll said

do you check for violations on their drivers license. Councilman Myers said I never

asked for a license. But I do my docket thing, to check into the drivers. Councilman

Noll said at our work, we send a paper around to list any violations that you’ve

had. Councilman Myers said our county policy, if you get a violation you need to

tell your supervisor about that violation. Councilman Noll said maybe both parties

need to review that. Councilman Snyder said Part 4 in Chapter 1, recognizing the fire department. Solicitor Ehrhart will review the ordinance.

Councilman Snyder said for your information, we received notice from ISO that

they wanted to thank Fire Chief Barry Myers and Ms. Connie Stokes for their

cooperation for the public protection classification survey. ISO has completed

its analysis of the structural fire suppression delivery system in the community and our

rating a 6 effective May 6, 2012. The lower number, the better. Our previous rating

was not reference.

Councilman Allar said just for your information that Mr. Reidel’s lawyer is Mr.

Mr. Shearer said I started the fee letters for 2012 and this concerning 53 N. Church

Street. That’s the property that Code Administrators has issued notices to vacate

for unsafe conditions. I’m looking of the opinion of the solicitor and council, in

my opinion I don’t feel we should be sending them a renewal for their license for

2012 because the property is determined to be unsafe by our building code official.

I’m afraid we will be confusing the situation if we request them to pay a license

Solicitor’s Report(cont.) Page 12

fee for a property that we determined unsafe. I did not revoke the license, Code

Administrators deemed the property unsafe. I haven’t officially sent anything to them.

Is there something I should have done, or something I need to do now? Councilman

Noll said I think they should be sent a letter saying their license has been revoked and

we aren’t renewing for 2012 until Code Administrators concerns are taken care of.

Councilman Snyder said my thought, if they are no longer licensed and we aren’t

offering them a license, then technically they don’t fall under the auspices of the

property maintenance code that says they are an unsafe structure. The only way

they got deemed an unsafe structure was because it fell in the guidelines to go

in and inspect. Say you have to bring this up to a certain code. Now if you are

having them bring it up to a certain code how, what’s your authority to bring

them up to a certain code if you’re saying, you’re just a regular single family

dwelling. Discussion continued. Solicitor Ehrhart said the ordinance applies no matter if they are residential or commercial, it doesn’t matter. Mr. Shearer said I’ll draft up a letter

and email up to you for your review. Solicitor Ehrhart said it would be a non renewal.

Engineer’s Report

Mr. Malesker said Nicole already touched on the draft for the conservation easement

that has been submitted to DEP by Jake. Councilman Allar said I reviewed the

cease and desist order that came down and asked Solicitor Ehrhart if she had

ever seen what came down from the Corps of Engineers. We have been under

a cease and desist for about two years now. Solicitor Ehrhart said she doesn’t know

if she has a copy. Councilman Allar said C. S. Davidson had asked the Corps

of Engineers to come down for a field visit. They were not happy with our wetland,

we were at fault. They went back and sent us a letter that said the performance

of the work is in non compliance from the Department of Army authorization

including general and special conditions,in violation of section 404 of the Clean

Water Act. Your performed work in non compliance with the use of authorization,

cease and desist in conducting any further work of this nature in the waters of

the United States. They finished the letter, be advised that the performance of

non compliance is the result of the referral of violation with the U. S. Attorney’s

office of civil or criminal prosecution or the assessment of a class 1 administrative

penalty not to exceed $27,500.00. Since my name was on it, I tried to clean this

up. In recapping: there are three main items. 1. Identification of an alternate

wetland mitigation site to successfully create a minimal of .76 acres of wetland

In other words the wetlands we had out there were in violation and we had

to find something else. We already built the basins and ruined the wetlands out

there. They were not functioning to their satisfaction. We already done that

and that is what the Mill Creek side of this is, further down stream. 2. A wetland

mitigation plan consistent with the requirements in 33 C of 403.2 for compensation

mitigation for loses of aquatic resources. And that has been prepared and that

has already been sent forward as well. 3. A draft conservation instrument provides

long term protection to the alternate wetland mitigation sight. Draft conservation

Engineer’s Report(cont.) Page 13

instrument that is developed that is consistent with the enclosed template, the

conservation easement or declaration of restricted covenants that conservation enclosure

one. We’re not going send forward a draft we’re actually going to finalize it. I was hoping to at this meeting to finalize the easement, put a cover letter on it, and send

it to Mike Danko for relief of this cease and desist order. I talked to him on the

telephone, well they never give a clear answer, I think he will be okay on this. We

don’t know when these people will get around to looking at it, at least, get the

system started something on his desk. And I can follow up with phone calls and

so forth. That’s the main document which we are good to go on. Rettew has

put that together for us. As to what the York Township commissioners are looking

at, is a land owners agreement, that is mainly for DEP, to allow us to go onto the

property and DEP will reimburse us for construction. We can’t go forward until

we have the land owners agreement. We don’t have the DEP permit yet. You are okay

on that. Between meetings, I’d like to get that letter together and some notes will

be coming Jake, and I want to look at the, and get Sam to look at them. and attached

the conservation easement. Mr. Malesker asked have you seen the conservation

cause, do you want me to forward that to everyone. Councilman Allar said Nicole

should have a copy of record, maybe you want to send her a copy. Mr. Malesker

said okay.

Mr. Malesker said the next item, Church Street/Mason Avenue bridge repairs,

the permit will be submitted this week. I was going to submit it the same time

as the DEP permit for the gabion repairs. That project, the mayor, Dana and I

met with FEMA on January 18th to discuss the undermining of concrete

scour section. Which he approved to go ahead with those repairs. But we also

discussed the gabions, he checked with his supervisor, he is going to pay for

the repair of the gabions directly behind/between Strobecks and the fire

company. So I have the permit ready to be signed for that. Before I pass

that around, I wanted you to consider something, instead of using gabions

for the plug in. I have one of Kinsley’s products here. K Rock. The last page

of the engineer’s shows a cross section. Discussion continued about the

current gabions and K rock. It was decided to use K rock for repairs.

A motion to sign the DEP permit was made by Councilman Allar.

The motion was seconded by Councilman Myers. In favor of motion:

Councilmen Snyder, Howett, Strausbaugh and Councilwoman Coble

Tyson. Abstaining: Councilman Noll. Mr. Malesker said while we are on

this, for Church Street, the wing walls down stream are partially gabion,

partially concrete, but those to be replaced too. Would you consider using

this same thing, for the wing walls at Church Street? It would be a good

application too, the other option would be a cast and place wing wall. Which

is going to be expensive. That is really the only other option there. Liquid

fuels won’t use the K rock but weren’t we using the capital funds anyway.

Nothing would be sent to liquid fuels anyways. The secretary said if

these K rocks save money then we wouldn’t have to take as much out

Engineer’s Report(cont.) Page 14

of capital reserve. Councilman Allar said one are where these may be is

down at the Mason Avenue Bridge. There are some gabions there that

are really bad. Mr. Malesker said I said Church I meant Mason, downstream

of Mason. Councilman Allar said they are really hanging out, did you take

the FEMA people there? Mayor Sanford said we walked the entire creek,

I based our walk on what we talked about. Mr. Malesker said that’s been

going on, we have documentation from reports that I’ve done that, that’s

been going on. Councilman Allar said I think that storm pushed some more,

they are rotating terrible. Mr. Malesker said he made it clear it wasn’t

for maintenance work.

Councilman Allar asked you are moving ahead on the permits for the bridge?

Mr. Malesker said signed those between the last meeting and this meeting.

Councilman Allar said how long does that take? Mr. Malesker said its

been taking between two and three months to get something back. Councilman

Allar asked do you know why it took the church three weeks, they actually

have their permit? Mr. Malesker said because that guy previously worked

for DEP. I don’t know, that’s typically how long it takes for us to get that

kind of work. Discussion continued on the cost of engineering.

Councilman Noll asked do we have to do anything with Dallastown on the

material bid? Mr. Malesker said I believe its going to be discussed at

the next meeting. I talked to Connie, she didn’t believe there would be a problem,

it would benefit us both. Councilman Noll said Connie wanted to know what

projects we were doing and paving in the next couple years, because of doing

water work. The secretary said whenever one does a CDBG application,

water work could be coordinated at the time of the project. If we knew,

coming up, we had a check list of what we are going to do, she was going

to make note of that, for the water authority projects. Mr. Malesker said

we talked about a long term plan. It helps to have as starting point. The

secretary told her that we were going to top Broad Street.

Councilman Snyder said we received an email about the MAP program on
DCED, they are accepting applications. Three groups for funding are:

shared services, consolidating or regionalizing municipal services, community

planning including comp plans and zoning/subdivision ordinances and

flood plain management and reimbursement of administrative and enforcement

costs pursuant to the flood plain management act 166. The only thing I thought

of is we have zoning covered, the comp plan we have the bill for that, that

is a done deal. Shared services, can’t think of anything we have planning for that

the only thing I was thinking was flood plain management, I don’t know

know what is coming under this easement agreement. I know there is going

to be another mitigation inspection report, five years of monitoring, I don’t know

Engineer’s Report(cont.) Page 15

if something like that would qualify. Mr. Malesker said I don’t think so, but I can

check with Ben, he’s got his flood management certification. Councilman Snyder

said could we tie in this land if we purchase it, that is part of the flood plain management.

Our timeline with that, if they would reimburse us for something we are currently working on. Mr. Malesker said I think its more for a flood plain ordinance update,

that would enforcement. I can still look into that.

Maintenance Report

Mr. Shearer reported continuing winter ops as needed.

Mr. Shearer asked if we are interested in entering into the 2012-2013 salt contract,

our deadline is March 15, 2012. Councilman Myers said I would think so. Mr.
Shearer said between last fall and this year, we are up to 110 tons total. We got

five loads so far. We estimated 100, we were figuring of having to take 60 to get

up to the 140%. Between now and April we may have another load in.

A discussion with Councilman Noll, Councilman Myers and Mr. Shearer to discuss

the joint equipment/materials bid with Dallastown was set for February 15, 2012

at 3:30PM at the municipal building.

Mr. Shearer said I have assisted John with getting the paperwork for FEMA/PEMA.

Mr. Shearer said the 2012 property maintenance inspection letters are mailed except

for a few addresses I have to verify yet. Rest of those out by the end of the week.

And get that letter to Nicole for 52 N. Church Street also.

Mr. Shearer said we talked about the pump, 3.0 hitch pump for the back of the

tractor. I have not heard back yet. I will probably contact the factory direct.

Councilman Myers said Dallastown said via the email that they have a pump.

Mr. Shearer said they have small trash pumps. They have the small pumps to

pump out during excavation.

Councilman Allar asked about the notice in the packet for pest applicator

recertification. You know where I am going with us.

Mr. Shearer said Tom had brought to my attention, during the storm last month

when we had the couple inches of snow, that it looked like across the alley way

at Clark Alley at the gabion baskets from the Shertzer property, the duplex homes.

At the common driveway that they had plowed a portion of the snow across the

alley way and over towards the creek, you can see some damage to the gabion

baskets. Councilman Allar said there were a couple issues: first, if we have

the proper ordinances, not only putting snow in the creek but the fall people

put leaves in the creek, that might lead to a problem. Do we have what we need

Maintenance Report(cont.) Page 16

to enforce? So should we have education/posting, to let residents know that

we don’t do these things in the creek. Councilman Snyder said I would think

it would be covered under our MS 4. Snow you can’t put that out in a

public thoroughfare. Discussion continued. A letter will be sent to Mr. Shertzer

of awareness of the issue and as a reminder no snow is allowed in creek and

aware of further damage at the gabions. Councilman Snyder suggested an article be put

in the newsletter.

Zoning Officer’s Report

Councilman Noll said there was total of 12 miles and 2 ½ hours. He picked up the

zoning hearing board decision, picked up a decision for Karen Siegel, its all

related to the zoning hearing board.

Councilman Noll reported that the house that is across from me, the one that

was broken into, we had question last time on what needs to be done to move

to the next level. We have to prove that he is living there, I talked to Norm.

If we can get a witness, that he co habited over night. The fact that he is

still getting mail there, we need to prove that he is living there. Councilman

Myers said was there a police report. Councilman Noll said no one was


Councilman Noll said keep a watch around town, there are water leaks around

town. My wife saw water shooting out the building on the second floor at

the property at 179 S. Main Street. The water leak wasn’t in the street,

the house is abandoned. The water was turned off.

Appointment of Code Enforcement Officer

Councilman Noll said we have a couple options in front of us. I didn’t get any

more response to the police officers, we were considering. We did interview

one police officer, he decided the job wasn’t for him. We have two people

that were interviewed and are interested in the job. I do believe in the near

future, Red Lion is going to tell us, they don’t want the zoning side. I called

Code Administrators and they do provide code enforcement in other municipalities,

it’s more money than what we were looking at. Discussion continued. The committee

consisted of Councilman Allar, Councilman Noll and Mayor Sanford. The committee

recommends that Patricia(Patti) Myers be appointed to be Yoe Borough Code

Enforcement officer, effective March 1, 2012. Councilman Noll said Patti had

offered while she is training, $13.00 per hour, in a few months jump up to

$15.00 an hour. A motion was made by Councilwoman Coble Tyson made

a motion to hire Patti Myers, as code enforcement officer for Yoe Borough

effective March 1, 2012, with pay criteria above. The motion was seconded

by Councilman Howett. In favor of motion: Councilman Noll, Councilman

Appointment of Code Enforcement Officer(cont.) Page 17

Allar, Councilman Strausbaugh and Councilman Snyder. Abstaining is Councilman


Councilman Snyder said the letter went out to Patti McGonagle along with a copy

of the resolution. Councilman Noll said I will stop back up again and talk

to her. The secretary said Mrs. Scritchfield will be going to the zoning administration


Emergency Management Agency Report

Councilman Snyder said we already went over the FEMA application info.

Councilman Snyder said we received a letter from the County of York asking

to add York County ATR as an automatic response. Councilman Myers

said you already did that. Mayor Sanford said it’s a follow up. There was

confusing why we received the letter.

Councilman Snyder said we received this letter from the County of York,

asking that you have your designee for EMS response, send them an

updated list of DLS and ALS for each box. Councilman Myers said we

did that too, it doesn’t make sense. Councilman Snyder said that is

what I signed for Ted. The secretary said I just wanted to make sure

we didn’t miss something.

Mayor Sanford addressed to new Councilman Strausbaugh that there is

a class that we would like you to take. Councilman Snyder said all

elected municipal officials have to take it for emergency management,

and what your role is as an elected official. NIMS training. You can

do it online at your leisure, you do get a certificate. I don’t think Wendy

has taken the course yet. We need the certificates so we are in compliance

with FEMA and PEMA rules and regulations. Technically we were told

they could hold up reimbursements if everyone isn’t certified. He’ll get with you.

Mayor’s Report

Mayor Sanford said you have the report in front of you.

Mayor Sanford said one correction on the date for the FEMA walk through, it

is to be January 18.

Mayor Sanford said one item with the gentleman from 47 N. Main Street,

asking for his name. We had a conversation on speeding issues. Councilman Snyder

said I went over the speed limit sign issue that was discussed under visitors.

Mayor’s Report(cont.) Page 18

Mayor Sanford said on the back of my report is the November/December police

report. Also a total for 2010 versus 2011.

Councilman Allar said on the 25th of January you went to the police commissioners

meeting, it had to do with reporting. Were there any comments, I know Dallastown

and Red Lion had issues. Mayor Sanford said I didn’t understand how some

of the time was logged. There was some questions on how the school resource

officer were being charged out. Apparently there are no administrative hours

being billed to the school districts, its all service hours. Some of the boroughs

were questioned that. The rest of it seemed to be pretty straight forward. I think

there is some miscommunication on how it is being billed. There was questions

since York Township and Red Lion cut back, how it is spread out. They are not

replacing any of the retired officers. That will help balance it out. Councilman

Allar said so the commissioners understand that there is almost a revolt going

on, they have to take that serious. Mayor Sanford said that has been expressed

at several commissioners meetings. Discussion continued.

Councilman Myers said for the FEMA things, I’d like to thank John for doing it.

Its a lot of work.

Secretary’s Report

The secretary said we received a thank you from Stacy Blessing for her

Christmas gift.

The secretary said the financial statements for 12/31/11 were distributed

for your review.

The secretary said the auditors will be conducting their audit on February 13, 15. and 17th, at the borough office. From 8AM until 3:30PM.

The secretary said I put information in the ordinance book for Councilman Strausbaugh.

I need your email address and phone number for everyone that needs it.

Councilman Snyder said other items, we received the year report for calls and

dispatches from Yoe Ambulance. Of particular note there were 63 total calls

for Yoe Borough, 61 from Station 36 and 2 from Station 19. There is more

details in there. Another job well done to Yoe Ambulance.

Councilman Snyder said we also received the latest breakdown from York

Adams Tax Bureau for the period 1/1/11 to 12/31/11, this is going to

be an extremely big year because of still having the distributions from

2010, 2009. We can’t count on it now. Actually distribution Act 32 will

be done monthly basis.

Secretary’s Report(cont.) Page 19

Councilman Snyder said we also received the annual report, which is actually

from the sewer authority for 2011.

Councilman Snyder said we received a request from Steve Chronister, President

Commissioner, indicating that contact be made to Senator Mike Waugh for

ending property taxes and asking our support on official letter head. The council will have a short letter sent that we support property tax reform.

Unfinished Business

Councilman Allar said Seth asked me what is going on with the comp plan, so I

am asking you its been eight/nine months. Councilman Snyder said we got a bill,

when I spoke to Dianne about the zoning issue, I told her that Yoe Borough

is done with it. She said that they still had to look over as the borough, Dallastown

still had to look over it, and after that it would go on to York County Planning.

Councilman Allar said so you know, because we don’t get in trouble or challenged later.

The first step it has to go out for comment to all the surrounding municipalities,

the school district and county. The Municipal Planning Code says within forty five days.

If they don’t send anything in, then there is no comment. The important thing is

any comments that come in, we don’t have to accept. I was going to use Red Lion,

to send them out and get it together. It is whatever you want to do. Once all that is

done at the end, at the end of the 45 days, then we go into the public meeting phase.

The planning commission respectively will have a public meeting, then the municipality. If we don’t have one, it will fall on the council to have a public meeting. Explain

what we are doing. My thought was to, take the public meeting seriously. This

is probably the most important document that we’ve had produced in Yoe for a couple decades. We need to do a serious out reach. I think we need to do a flyer around town.

If you don’t do a decent outreach then you can be subject to a challenge later, or a law suit. This is very important part of the process. Once you do the public meeting then you have step three. Then we vote on it, and pass it by resolution. Then it would be done.

It took the committee about three and half years. This is it. Councilman Snyder said

they are aware of it. I told them we passed it, we approved it, its good to go in

Yoe Borough. Do what you need to do? Councilman Myers said who did you

contact? Who is leading up the project? Dianne? Councilman Allar said Dianne

is technically our point of contact for DCED. I will call her and give her a little kick.

Nothing has happened in nine months on this.

New Business

Councilman Allar said just a quick comment, it talks about newly elected municipal

training. I definitely recommend that, there are handouts and information.

Payment of Bills Page 20

Councilman Snyder said there is one additional bill, Media One : $242.40.

A motion was made by Councilman Noll to pay the bills as listed along with

the additional bill. The motion was seconded by Councilman Allar. All in



A motion was made by adjourn the meeting at 10:40 PM by Councilman Howett.

The motion was seconded by Councilman Snyder. All in favor.