Wednesday, May 2, 2012

Yoe Borough Council Minutes - April 3, 2012

                           YOE BOROUGH                                  PG. 1
                  150 NORTH MAPLE STREET
                           YOE, PA   17313

         The regular monthly meeting of Yoe Borough Council was held on April 3, 2012
at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was
called to order by Council President Sam Snyder at 7:05PM followed by the Pledge of

Council members in attendance:
Sam Snyder
Seth Noll
Barry Myers
Tom Allar
Wendy Coble Tyson
Regan Strausbaugh

Others in attendance:
Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance Supervisor
John Sanford, Mayor
Steve Malesker, Engineer
Nicole Ehrhart, Solicitor
Jim Tyson, Resident at 320 S. Main Street


Councilman Snyder asked if there were any additions or corrections to last month’s meeting
minutes. A motion was made by Councilman Noll to accept the minutes for March 6,2012
as presented. The motion was seconded by Councilman Allar. All in favor.


Councilman Snyder asked if there were any visitors that would like to be recognized tonight?

My name is Jim Tyson, 320 South Main Street. I was wondering with the adoption of the
codes, when and who enforces? Councilman Noll asked specifically? Mr. Tyson said I know
its spring, grass is about a foot high, cables holding trees up,chained to buildings, ashes are being
dumped against the back of buildings, walls are falling down on the avenues. Councilman
Myers asked do you have addresses for this? Councilman Noll said standard procedure within
the borough is three fold, we are going around and checking district by district this year around
the town, ten districts. You can stop up sometime and look at the map and see what we are doing.

Visitors(cont.)                                                           Page 2

We are doing that as a pro active measure. Most code enforcement within in Yoe Borough is
done through complaint. Complaint means you call in and give a specific address and the
specific complaint, so we can give it to the proper person. If it’s a police item, they have
to be dispatched them, if it’s a zoning item, it has to be dispatched through zoning or
code enforcement officer. Mr. Tyson said so if I give it to a councilperson that would be a
step to start with. Councilman Noll said the best is to call here or drop something off
so it can be dispatched and it would be a matter of record. Mr. Tyson said I know things
change. Yoe Borough is starting to look like York City, PA and Baltimore City. I know
there are thousands dollars spent on the code, that is why I was wondering on who, how,
or when. Councilman Noll said we have had several council meetings on that subject,
and that is why we are taking a pro active approach, we put the town into to multiple
zones and we have specific things we are looking for throughout the town. Try to stop it.
It didn’t go out in the newsletter because we didn’t have that issue in the newsletter but
understand code enforcement takes a long time. Through the legal process of notification
of fifteen to twenty days compliance, if the people decide not to comply it can be
three four five month process with the courts then if they don’t comply, then bench warrants have to
be put out for arrest. One particular resident decided not to mow their lawn so its not perfect
process. We are bound by the law, it’s a long drawn out process. Mr. Tyson said by the law,
innocent until proven guilty. York City is doing the right way, they are going to turn your
water off. Councilman Noll said we are actively trying to get those issues, we have warned
everybody but it takes time. One particular property that is deteriorating, we have to prove
that, that person is living there. That is what the law says. Mr. Tyson asked when the
 newsletter goes out will everyone get one? Councilman Noll said yes. Mr. Tyson said I know
that some of neighbors didn’t get one. Councilman Noll said we didn’t have a fall newsletter.
Mr. Tyson said I thank council for their time.

Solicitor’s Report

Solicitor Ehrhart said we are still working on the Claycomb, Quiet Title issue. They
are telling me their client is going to sign the agreement, they are having a hard time
trying to get in touch with their client. So I am going to recommend that we not
do anything else.

Councilman Snyder said we have a few issues for the solicitor.

Councilman Snyder said we brought up the issue with Benchmark. Nicole had gone
over that. A letter was sent out, a response was received from Benchmark. They
admitted no liability and denied all of our allegations, they did send settlement
agreement and release. Nicole looked over that. Solicitor Ehrhart said I have
no issues with it, standard release. Once they get the final agreement and payment,
there is no liability or chance of law suit. Councilman Noll said the first three pages
are the response back, RFP. What I found interesting, they had a settlement release
attached to it, quick process. They are several municipalities that I share some

Solicitor’s Report(cont.)                                                      Page 3

things with. There are some municipalities, fire companies that are having problems,
they are getting notices of shutting off services. Discussion continued. A motion
was made by Councilman Noll that we accept Benchmark’s response, and fill
out and send back to them the settlement agreement and general release which
will terminate our agreement with Benchmark and allow us to put Columbia
Gas and Met Ed bills back into Yoe Borough’s name and to pay the normal rate
through normal billing procedures as we have done in the past. The motion
was seconded by Councilman Allar. All in favor. Councilman Snyder said
motion carried.

Councilman Snyder said I did speak with Mr. Welch this afternoon. Because the last I heard,
we hadn’t received all our electric bills. I asked if we could amend our agreement, that if
we see any late fees, that they would be reimbursing us for those. He looked into it,
we have since paid up those bills. So as far as he was concerned, except for the March
bill, we’ll all up to date. There is a late fee associated with the February bill, that is going to
be given back or reimbursed. He said should be a relatively easy process. He told me
the accounts are in Yoe Borough’s name, billing address was changed to Benchmark.
Yoe Borough needs to contact Columbia Gas and Met Ed, to send the bills back to
Yoe Borough Office. Sandy send this agreement to him, asking him to do that. Councilman
Noll said legally you can’t do that, someone else can not assume our billing. Councilman
Snyder said he did say he wants this to be an amiable split up. Discussion continued.

Councilman Snyder said on the garbage contract, she had sent us a copy of Springettsbury
Township. I only found a few things that we didn’t have in ours. A notice of violation to
the resident that if for some reason, if they decide to not pick up someone’s garbage or
recyclables they have to put on the residents house or on the garbage can as to why
they didn’t pick it up. A lot of times residents don’t realize why it wasn’t picked up, especially with building materials, they think its large trash item. I think that would be a good thing to
include in our contract. The amounts that are charged or deducted for failure to do, the only one that I saw that we don’t collect, is garbage not collected per dwelling unit. $25.00. Some of the others
we do collect and charge more.  And the other one I did see, was damage or loss of recycling
bins, $15.00 fee. Other than that, when it came to the nuts and bolts of it, because we pay our
own tipping fees, a lot of that doesn’t apply. They actually bill out the residents direct. That
is one thing that I would like to inquire, when we start getting these, I don’t know how
we can do that ahead of time, when we get these bids. When Scott Wagner, sat there
and explain his bidding, he is giving us a per unit. A lot of times, like in Springettsbury
Township, they actually bill the residents themselves. They can go after them civilly. Where
we can’t, if someone refuses to pay. That’s calculated into their price so if they’re not doing our
billing, shouldn’t it be cheaper for us. That’s just a hypothetical. I don’t know how to bring
those types of questions up when you have a sealed bid. That is something we can say we
reject the bid and bid it back out again. This is what we had the last time, they are getting
all the money for the recyclables. I think we do need to bid it out both ways, with recycling
and without recycling. So we know that is still held against them. Solicitor Ehrhart said

Solicitor’s Report(cont.)                                          Page 4

bid it out both ways, where they do the collection and where you do the collection.
Councilman Noll said would it be advantageous for us, to have someone like Penn
Waste do the billing. Councilman Snyder said the problem with that, we collect
a municipal service fees. We had a change up to a garbage fee. Its unconstitutional
to bill municipal service fee because we were collecting for police and garbage,
we now collect only a garbage fee. The garbage fee is higher. The secretary said
the property is liened via Jan Kreidler. Councilman Noll said the other thing is
about waste collection for tree trimmings and other things that are considered
recyclable. We may want to look at that as well. Discussion continued. Councilwoman
Coble Tyson had a question of returning containers back to the property, there
are containers all over the place. There is no way, that the garbage collector has
put the containers back to the property, I have stopped and put containers back.
They should start cleaning them up as well as the additional trash that goes every
where. That’s wrong. Councilman Snyder said we have that in our contract. The
secretary said you need to call me and leave me know so I can call the supervisor.
Call Monday before twelve, she is really good at coming down. They are prompt
on coming down. Mayor Sanford said the supervisor truck has been in town
for the last couple weeks. Mr. Shearer said the supervisor is roaming the area.
Councilman Snyder said the only other thing we would want a 1, 2, 3 year bid.
The last time we did the contract we specifically had a one year to time it
with Dallastown. That didn’t work. Councilman Noll said at the end of three years,
we could have an extension option. It may save money. We have that option.
Solicitor Ehrhart asked do you want me to make the changes to the contract you already
have. Councilman Snyder said go ahead. The secretary said I did fax it to you, if you
don’t have it let me know. Solicitor Ehrhart are you ready to go out to bid. Councilman
Noll said how soon can you have a draft so we can have a sub committee to look over it
and make recommendations. Solicitor Ehrhart said a week or two after the holiday.
Councilman Noll said the three of us can look over that and make recommendations
for the vote at the next meeting. Solicitor Ehrhart said are there any other changes?
Councilman Noll said grass, trees, brush any type of vegetation, they can count
that to the report to the state. Councilman Myers said would it help if the residents
would want totes, keep them from going to the middle of the street. Councilman
Noll said there was problems with the last contract at York Township, when it
came up to bid with other competitors, they said it was an unfair advantage
that they got the contract, because the new company would have to go out and
replace all the bins. Its in legal litigation. Be careful with that. Councilman Allar
said we can do an ordinance to require that. Councilman Noll said we think its
bad when someone hits a regular garbage can, if they hit a tote it would be bad.
Discussion continued. Councilman Snyder said for that committee, Barry or John.
Councilman Myers said yes. Councilman Snyder said a consensus of council has
been determined for the sub committee.

Solicitor’s Report(cont.)                                          Page 5

Councilman Snyder said as we speak, we were notified that York County Planning
is meeting tonight and they’re discussing the Tri Boro Comprehensive Plan and
will be getting back to us on their recommendations. They sent a letter stating
we didn’t need to be there. Councilman Allar said part of the process in the municipal
code will be to send out copies of the plan to other municipalities, school districts and the county and so forth asking for comments. And give them forty five days. We may get comments, different
people review it. I seriously doubt we will get comments from the school district or other

Councilman Snyder said it came in today from York County Planning, they want council’s opinion if they can send out the request for qualification statements for the update for the zoning ordinance.
They sent instructions on what we have to go through. At this point they wanted to make sure
Yoe Borough is okay with it. They hope to advertise and send the RFQ to the pre-qualified
engineers next week. If the borough needed more time to let her know. And if we had
a specific engineer to be included in that list to let her know and then she’d send a list
of instructions to Yoe Borough. On what we have to do. Its anticipated services will be
completed by the selected firm by June 30, 2013. Contract is expected to be awarded by
Yoe Borough no later than July 31, 2012.

Councilman Snyder said we received our annual report from Stambaugh Ness. Everything
in the paperwork, encountered no significant difficulties. No significant findings, there
were a few journal entries, that they adjusted to another account. They found no discrepancies.
I took time when I met with them, I took that opportunity to ask questions about things
about questions from the past. You are correct Tom, in that a 501 3 C status costs
$850.00 to apply for. However we can’t get that, what happens is we are not eligible to hold a 501 3 C
status. Because we are already a non profit political subdivision. She gave me the criteria here.
Charitable contributions of government units are tax deductible under section 170.C1 of the
 Internal Revenue Code if made for public purpose. So that answers that question that we
had for donating for the war memorial and stuff like that. We can put that in our newsletter,
we can reference that for a tax deduction. As a political subdivision in order for us to be recognized what is called a determination letter. In order to obtain a letter ruling we must follow procedures
2012.1 and that fee is $10,000.00. That is where we need the $10,000.00 to get what is called
a letter ruling on the fact that we are a political subdivision. Councilman Allar said I don’t agree with that, I contacted the IRS. Councilman Snyder said she printed it off the IRS website, we need
to obtain a letter ruling and follow the procedures attached therefore and fee associated with.
A fee associated with a letter ruling is $10,000.00 As of January 2012. Councilman Allar said
I spoke with the IRS on this. Councilman Snyder said I’m just giving you what she found from the IRS. We can keep that in mind to apply for that at the next round of CDBG grants if we want to go
for that letter ruling. One thing I did look through those procedures, needless to say, I think
we would need to ask for besides the $10,000.00 some legal fees associated with that. Some of
those things are ridiculous what you have to do. Its not simple as handing them a copy, you
have to certify all of us, you have to send in, a lawyer has to send their record that they

Solicitor’s Report (cont.)                                         Page 6

are a member of the bar.

Engineer’s Report

Mr. Malesker said I spoke to Jake about the wetland mitigation project. The conservation
easement was sent to Mike Danko. I guess our response was, there need to be a third
party. Do you who the third party would be, like the conservation district or? One
sentence response. If it’s the conservation district, they will have to do the monitoring.
Councilman Allar said I just spoke with Jake and he did not mention that to me.
His problem was format. He didn’t mention anything about a third party, then he
got an email that mentioned the third party and there was no format. I tried to get
back to him, he was on vacation, I couldn’t clarify these points. Jake and I will
understand what he is talking about with a third party. I don’t think we need to be
spending time to discuss it now. Mr. Malesker said I just wanted to give you an
update on that. Is there anything you want to discuss about that project, Tom?
Councilman Allar said there is still no DEP permit. That has hit as snag.
DEP may require a H & H study, that’s a hydrolic/hydrological study. Which
is to identify any affect on the flood plain. It costs about $10,000.00 Now when this was originally discussed with DEP, these items came up. There is another item, a formal certified letter  map revision from FEMA. These items came up, the people from DEP that were talking to the township,
said there not going to be necessary. New people came in, new responsibilities. Apparently
there are a lot of people leaving DEP. Because there is a freeze on, they are not hiring, they’ve
got people doing two, three and four jobs, which they don’t always understand. So this move
went on to other hands, who are saying these things need to be done. If that is true, its going
to significantly delay it, someone the township has to come up with $10,000.00 or there is going
to have to be an expansion of the growing greener.  Sandy got a request from Jineen Boyle
from the grant center on whether we wanted to extend our growing greener which runs out
at the end of December, 2012. So I made some calls. However, it started me thinking here,
it rang a bell, ours is Growing Greener II, can be extended by the staff, York Township’s
is Growing Greener I, that requires it goes through the governor’s office. If you remember
last year when the township was dragging their feet, they ran out of time, and had to
go to the governor’s office for an extension. They got a one year, one time extension.
That runs out June 30, 2012. Everyone is scrambling now. We can’t do anything, its
all up to the township. There may be an end run, an emergency permit, by getting
the emergency permit and all of those other requirements waived, if we get an emergency
permit then things will happen quickly. If we don’t get an emergency permit and these
requirements stand , then they’ll probably run out of time. And if the township is not
getting an extension, the project dies. If the township’s project dies then our project
dies. More to follow.

Mr. Malesker said I am meeting with Sam and Seth on MS-4 on Monday to go over
the MS-4. So we’ll talk about that more.

Engineer’s Report(cont.)                                         Page 7

Mr. Malesker reported I’m getting the package together for the Church Street bridge
repairs since those repairs are going to be under $18,500.00. We are going to send
out instructions to bidders by email and get quotes that way. Trying to time that out
to coincide with the FEMA project and hopes that we will be getting the same
contractor to do both. Councilman Allar asked so you are going to be bidding out
the two bridges and the gabion project? Mr. Malesker said Church isn’t going
to be going out for public bid. That’s quote. And then Mason we can use the
equipment/ materials contractor to do Mason if you want, or that can be bid too.
I don’t want to bid that at the same as the FEMA project, I did not want to mix up
any contracts, I wanted to make a distinct separation of what is the FEMA work and
what’s Mason. Councilman Allar said when you say, using the same contractor?
We are going to have to pay multiple mobilization fees? Mr. Malesker said they
are going to be distinct projects within themselves if we use the equipment/materials,
there is no mobilization fee. You are paying for your equipment rental. You save
money that way by doing it, depending who gets you equipment, I am sure they
will be able to do it, its fairly simple. It saves on engineering doing it that way.
You want us to bid it we can. You save several thousands dollars by not having
to put this up for bid.

Councilman Noll asked when will be know when equipment bids will come in?
Mr. Malesker said that is next, I have attached a schedule to the engineer’s
report. Tonight I’d like to get your approval to advertise those. Next week at
the Dallastown meeting, I’ll get approval from them to advertise as well.
First advertisement will be April 16th and bid opening will be April 30th.
That first meeting in May I will have recommendations. The contract would
begin June 15, 2012. I did talked to Dana and Seth, they gave the needs,
Rip/rap, similar bituminous material as Dallastown, all of that is in there,
all the equipment. A motion to approve advertisement of the joint material
and equipment bid with Dallastown by Councilman Myers. The motion was
seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder
said motion carried.  Mr. Malesker said we will know by May, who the
equipment contractor will be. We can discuss. The secretary asked about
the advertising cost. Mr. Malesker said that should be split. Dallastown
should forward that.

Mr. Malesker said I wanted to get some clarification with the FEMA,
they are going to pay 100%? Mayor Sanford said 75% is coming out
of FEMA the remaining 25% is coming out of PEMA. That is voice
confirmation. Councilman Snyder said that’s different than the 10% that was.
Mayor Sanford said we are done with our application process. Dana
did a lot of work, Sandy and Barry. Mr. Malesker said we did submit
the permit for that, DEP required a GP 11, which is used for repair
and replacement of the bridge. They wanted the GP 11, we signed it

Engineer’s Report(cont.)                                         Page 8

and resubmitted. Then at next month’s meeting I’ll get approval to
advertise for that project. The contractors that had put the prices in,
several of them put in their quote that they prefer to do the project in
the summer time so if we bid that, we can open bids in June. The stream
may be a little lower. That is the hope. Next month I’ll be asking for

Mr. Malesker said I wanted to check with Seth on the meeting with York
Township. Councilman Noll said I met with her about a week and half ago.
What it comes down to, York Township has a current set of ordinances,
they are updating their ordinances. Part of that, will be approved, May,
June at the latest. We want to hold off the purchase of the Reidel property,
until the new ordinances come into effect. They have a streamlined process,
that will greatly reduce the requirements for this. They are looking at a reverse
subdivision, the easiest thing to do everything with an out right property
purchase. She put in here, I’m waiving the fees for submittal and any initial
review. So as far as the fees, they have waived all those fees. Depending on meetings,
I should have no problem with attending those meetings. I have already talked
to the public works director and when they review these types of things, they
have the ability to say oh while you are there, as an improvement we can do
something to the intersection or to the sidewalk, He agrees that is not advantageous
to this project. As soon as I get that wording, its only in draft form. When I get
that I will email the requirements. It’s a lot realignment. I can represent us, it
will go to the zoning hearing board and then the board. There may be a few waivers,
its standard stuff. The staff is behind. I explained that by doing this project,
it will impact the fees that they pay for maintenance. I did talk to Scott on those
maintenance items. The secretary said the check was sent and deposited today.
Councilman Noll said he is willing, Dana if you need pumps, he is willing to donate their pumps. Dana
you need contact Scott directly. If you want to do that, the door is open. Councilman Snyder
said when are planning on having these ordinances? Councilman Noll said they are hoping to
have everything adopted in May, worse case scenario is June. Then it will be a thirty day from
date of approval. Councilman Snyder said so we have to wait to after the effective date.
Councilman Noll said then its about a three month process with all the approvals. By September
we should have all we need. The new rules are very advantageous, minimum lot approvals.
He may not have a saleable lot if we do it now. Councilman Snyder said is there something
that we need to do at a legal basis, we can call him and let him know what is going on.
Councilman Noll said in the meantime we have full access across that property, we have
a current understanding. Do you have a legal description? Solicitor Ehrhart said if I don’t, I’ll email you.
Are you doing a payment or lump sum? Councilman Snyder said a lump sum. Solicitor Ehrhart said I am going to give us nine months, sale condition on reverse subdivision is completed. Councilman Noll said he’ll understand we are working through another municipality. Councilman Snyder said our timeline will be not until July until we can apply, he will be accessible at that point, reverse subdivision
will be part of that application process. Make sure its in the agreement. Councilman Noll said

Engineer’s Report(cont.)                                         Page 9

he may have to go to the supervisor’s meeting. Councilman Snyder said Kevin did say,
they are in the process of getting the property signed over to him and his sister. Councilman Noll said get that information then to Nicole. A motion for the solicitor to draw up that sales agreement
by Councilman Noll. The motion was seconded by Councilwoman Coble Tyson. All in favor.
Councilman Snyder said motion carried. Councilman Snyder said to help out with the treasury,
my thought was that engineering can come out of the budgeted engineering, solicitor is under
the budget too, for actual acquisition, fund that were not part of the budget were the cable
franchise fee, that was suppose to go back in to replenish the capital reserve. Since that is still
floating out there. The secretary said one quarter of the franchise fee has been put into the
capital reserve fund. Councilman Snyder said by September timeframe we should have
at least two more payments. My thought was have it paid out of cable franchise money.
Councilman Noll said Citizens Bank is looking at closing government accounts. The
secretary said your long term savings is at Members First. A motion was made by Councilman
Allar to pay for the land acquisition out of the remaining cable franchise fees for 2012. The motion
was seconded by Councilman Noll. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we received notice, there is workshop scheduled on dam safety.
It goes over laws, regulations, operations, safety, etc. Is this something C. S. Davidson
that we would like to send on our behalf? Twenty five dollars registration. Mr. Malesker
said it is very possible we might have someone going, I will have to check, I’m not sure.
Councilman Noll said maybe you would want to send one of us. Mayor Sanford said
Dana and I could go. There is information on emergency management. A motion
was made by Councilman Noll to expend funds to send Dana Shearer and John Sanford
to the dam safety workshop.  The motion was seconded by Councilman Myers. All in
favor. The workshop is May 2nd.

Councilman Allar said for information only, I have been going back and forth to Harrisbug,
as part of the Joint State Committee. It is looking at proposed new legislation in the
Municipal Planning Code to reduce regional impact for municipalities hosting new
development. This is the final report. In here is proposed legislation The first 110 pages is
background. On page 111 is the actual proposed legislation. In here are threshold that the
developer would have to process, he will have to be responsible for certain impact studies
to be done. Then that will follow with mitigation plans based on those impact studies at his
expense. I mentioned it to C. S. Davidson and other engineers. This is my only copy, I’ll leave it
here. If you want copies I will get you in touch with the people. I think there is a better
than even chance it will go through.

Maintenance Report

The maintenance report is now part of the minutes

Mr. Shearer said with the park, there was some vandalism to the doors at the rest room,
I did file a report with York Area Regional. We got it on video, forwarded copies to
them and gave a copy to John. He is working through is channels to figure out who

Maintenance Report(cont.)                                     Page 10

the young persons are. Two classrooms debolts are recommended with five keys.
Councilman Noll said classroom series is that you need a key to operate it at all times.
Discussion continued.

Mr. Shearer said vacation day is April 20 and on April 23 I will be off and work four
ten hour days to make up my time.

Councilman Allar said what is the void in the basin? Mr. Shearer said there is a small
void at the spillway that is on the back side of the spillway right there by the creek.
Steve had stopped in and took a look at it and gave me direction. We are going to
work that into the project along the creek.

Councilman Noll said one thing Dana not sure if it applies to anyone else.
I don’t know if you have a CDL or not. I will assume you do. People that work
for municipalities are medical card exempt. Mr. Shearer said because we don’t have a CDL truck,
I haven’t had a medical card. If we would rent a truck, then that might apply. I kept
my CDL but I don’t have a medical card. Councilman Noll said if you decide to do that,
you are medical card exempt for the municipality. You would have to register online with
the DMV.

Councilman Snyder asked about street sweeping? Mr. Shearer said hydraulic work was done to the sweeper. Dallastown test ran the machine down Main and George Street areas for several hours
to make sure machine was working well. They will bill us in the regular sweeping bill. The rest of
sweeping will occur at the end of April, beginning May. With MS-4 and the amount of litter its
still a good idea to do sweeping once a year. Once I get the date I will get it out there. Councilman
Snyder asked when you get that date, let the mayor know for the police and I will let Joli from the
newspaper know also. We never got confirmation that the police changed the parking tickets,yet.
Mayor Sanford said he will contact the police.

Mr. Shearer said the signs are up at the park.

Mr. Shearer said Dallastown and Red Lion are amicable at splitting cost of repairs on the

Councilman Snyder said I saw this information and the emails about 53 N. Church are you okay with property maintenance at this point, are you on schedule? Mr. Shearer said yep. Councilman Snyder
said citations for failure to pay? Mr. Shearer said we are coming up on it.  Councilman Snyder said
nothing to pass on to code officer. Mr. Shearer said I talked to Nicole about 53 N. Church Street.

Zoning and Code Enforcement Officer’s Report

Councilman Noll said last month the code enforcement officer couldn’t make it, Patti Myers
introduced herself to council. Councilman Noll said Patti was hired by the borough. She

Zoning and Code Enforcement Officer’s Report(cont.)               Page 11

has done her second area of the town. What we asked Patti to do, we asked her to give us
a disc, to contain photos and letters she had done during that month. The disc to be kept
in the safe. We had some letters on grass. Mrs. Myers said there were some properties
that were borderline, I am waiting a few days. Trying to be consistent. Everything should
come in through the office or the mayor. We had talked to Patti and with our meeting
to Red Lion, there are some things that a code enforcement can’t do but in zoning its
the same process as code enforcement. So it was suggested that Patti become an assistant/deputy zoning officer. Patti didn’t have any objections. Councilman Noll made a motion to appoint Patti
Myers as our assistant/deputy zoning officer for Yoe Borough. The motion was seconded by
Councilman Allar. In favor: Councilman Snyder, Councilman Strausbaugh and Councilwoman
Coble Tyson. Abstaining: Councilman Myers. All in favor. Councilman Snyder said motion
carried. Councilman Noll said if anyone sees anything that they’d like Patti and I to work on,
please let me know. Eventually I have this in my mind, is to get on excel spreadsheet a listing
of all the properties in town better than what we have now, where we can start listing violations.
Keep it on the computer the properties we have problems with and to scan in your reports. This makes it easier to get quick access. Discussion continued. Councilman Snyder said for clarification purposes,
by appointing her as the deputy zoning officer we weren’t expecting her take on zoning responsibility,
nor take on responsibility if Dan isn’t here for zoning, its merely for these issues, for example if
we have unlicensed unregistered junk vehicles, that is something that is being addressed in our
zoning ordinance. As a code officer, she would get that complaint of an unlicensed vehicle,
she can’t deal with that because its in the zoning ordinance rather than a codified ordinance of
conduct. That’s why we have the CDBG so we can redo this zoning ordinance, we will be getting
things like that out of zoning and putting it into its own ordinance for codes of conduct. But until
then she needs some way, otherwise we would be bringing Dan in for things like unregistered
vehicle which is clearly more a codes issue. Councilman Noll said it really be land use issues,
special exceptions, legal side of things for Dan and zoning. Councilman Allar said I talked to
Dianne at Red Lion ,she has no problem with our use for Dan right now.

Councilman Allar said I was going through some papers, I found the Labor and Industry audit.
They had eight to nine findings, one was at the tenant at Cottrell’s property for auto sales.
Did anyone follow up on these findings? Councilman Noll said legally we can not force them
to correct those issues. It’s a report of finding. It was an audit of the municipality’s permits.
They revoke the license of an individual for repetitive violations. In my opinion, both
parties have looked at it. I don’t know if we have down our zoning, when the permit was issued.
Unfortunately, as in Cottrell’s, probably a lot of those things are beyond the permit. You can
be cited unfortunately for ADA issues. I would recommend that we take that as a grain of salt, I understand what the issues were. Councilman Allar said they were telling us to do something,
I just wanted to make sure we were.

Councilman Snyder asked do you have any questions, Patti? Mrs. Myers said I need some supplies,
do you have a tax exempt form? Councilman Noll said Sandy can get you that. Councilman Snyder
said feel free, if you contact her ahead of time, she can add stuff to her order. The secretary said
she will put it in your mail box.

Emergency Management Report                                        Page 12

Mayor Sanford said there is a quarterly meeting scheduled April 11. Rodney and I
were planning to attend.

Mayor Sanford said Dana and I were trying to locate and cost out an emergency generator.
I have a lead on one, maybe reasonable in acquiring. I’ll continue to work with Dana on
that. It would be for this building, natural gas. Councilman Noll said let me know if you
need a pad. Mayor Sanford said and probably some small electrical work.

Councilman Snyder said to make note, this class that the mayor and Dana are planning
on attending, it does talk about the EAP and flooding. Calculate that into training
for EMA purposes as well.

Mayor Sanford said I need you to get those NIMS 700 courses done.

Councilman Snyder said we received correspondence from UGI asking for public
awareness programs and implementations and asked our support in going to the
address that they provide to us in the form of a survey. That was completed.

Councilman Snyder said York County Planning sent correspondence for a risk
assessment survey. I filled that out three times now.

Mayor and Police Report

Mayor Sanford said my report is in front of you.

Mayor Sanford said some highlights on the report, in response to council’s request
for more speed enforcement. In the month of March, individual cars have done
speed enforcement. On the 1st, 16th, 20th, 23rd, 25th, 27th ,28th and the 29th. We got
together, there was some grant money that were waiting to become available. That did.
We did a detail on Thursday of last week, we started at 3:45PM, it lasted two hours.
During that time we cited 21 people. The highest speed that was written was 49MPH in
a 25MPH zone. We’ll do that again at a different time of day. At the beginning we
ran five chase cars, they will not sit more than five minutes at any time. The highest
speed was going up hill. Councilman Snyder asked did you get clarification? Mayor
Sanford said Regional is writing fifteen and above. They asked if that was permissible,
and I did okay that. Councilman Allar asked is that a written policy? Mayor Sanford
said within Yoe Borough they are going to write fifteen and above. I just dealt with
Yoe Borough. Councilman Allar said can we pull that data on how many people
got arrested or got summons? Mayor Sanford said I have an email to that affect.
I specifically asked for written documentation. Councilman Snyder said is that going
to be for the month of March? Councilman Myers asked how are you going to do that,
where will that information be? Mayor Sanford said I’ll attach that to my records, I keep
borough files each month, and police files each month. Councilman Snyder said if

Mayor and Police Report(cont.)                                          Page 13

put as part of your report, its part of the minutes. Mayor Sanford said I’ll write
that up next month.

Mayor Sanford said I had some concerns at the stop sign at Broad and Poplar.
So we’ve been watching that.

Mayor Sanford said we also had some correspondence on heavy truck traffic
and bus street on Broad Street. Councilman Myers said one was lost looking
for the salvage pick up at the House of Windsor. The street is posted.
Mayor Sanford said I have meeting with District Justice Laird on citing
for large trucks on the street.

Mayor Sanford said all the FEMA paperwork has been signed. We should
see action in about thirty days. I signed the second set on March  21st.
The secretary will check with the bank. Councilman Myers said John should
get notified.

Mayor Sanford said I did some training with the Department of Justice on the
Amber Alert. That will tie into emergency management. Yoe Fire Company
Special ATR was asked to be part of the county’s child abduction task force.

Mayor Sanford said thank you  to Councilman Strausbaugh on the kick ins
at the park.

Councilman Allar said the York County Borough’s Association meeting?
Mayor Sanford said I had a conflict, and Councilman Noll couldn’t make it.
Councilman Allar asked if he would be left know if the mayor can’t make it.
At the last meeting they were going to give $150.00 to Yoe Borough for
the PSAB meeting.

Secretary’s Report

The secretary reported that we received our liquid fuels allocation April 2, 2012
in the amount of $19, 342.02. It was deposited on April 2, 2012 to the state
road fund account.

Letters were sent to Representative Miller and Senator Waugh on the Keystone

We purchased for the borough office a Brother printer, fax and scanner combo.
My Epson printer died about two to three weeks ago. From now on, it will
be in the storage room. The old fax machine was given to tax collector for
local call faxes.

Secretary’s Report(cont.)                                        Page 14

We received the dam maintenance money for 2011 from Dallastown and York

Councilman Snyder said other items, we received the 2011 Community Report from
Yoe Ambulance. There were 63 calls to Yoe Borough out of total of 4043 that were
responded to.

Councilman Snyder said we also received acknowledgements from the library
and senior center for our annual donation.

Councilman Noll said I want to thank Sandy for all the hard work for the audit.

Unfinished Business

Mayor Sanford said I can not tell which month we brought this up, we sent
a letter to a resident at the corner of Pennsylvania and Church. There was parking
situation there. That has not been resolved. They continue to park one of the
vehicles right on the corner. We need to deal with that. If we need to get some
emergency equipment up there, its not going to happen. Councilman Noll asked
is it painted for no parking? Mayor Sanford said no. The way the intersection
is constructed, how much footage Dana? Mr. Shearer said its about 25 feet
total width. They are probably parking on about five foot of shoulder. It’s the
location, right at the top of Church where you turn unto the upper section of
Pennsylvania. Mayor Sanford said when you drive by you look up Church, its
the vehicle right in front there. Councilman Noll said what do we have to do,
is that something we can do with a traffic study? Mr. Shearer said there’s
within fifteen feet of an intersection, or twenty five, you probably get them
ticketed for parking there. If you want to paint or stripe it, you are going
to have put an ordinance on it. Councilman Myers asked if the car is in the
cart way of the road? Mayor Sanford said about half. Mr. Shearer said they are
not doing anything different than any other resident of that street. It’s a matter
of no off street parking. Mayor Sanford said I’m concerned of the public safety.
Mr. Shearer said since we are quiet titling that land, and if we construct
a parking lot. That would be best solution, if and when you construct that, is
to dedicate a space or two to that house and assigned it as such so we can
clear the intersection. There is no where for them to go. Councilman Snyder
said once we attain that land, is to put stone there to widen the curve even
if its only temporary. Mr. Shearer said you have to relocate a Verizon pole.
Pole sits on the corner. Discussion continued. Mayor Sanford said Dana
and I will work on restriction. I may write another letter. Discussion

Unfinished Business (cont.)                                                Page 15

Mayor Sanford said during last month’s meeting, there was discussion on rental
of the park for a fire company fund raiser and there was also discussion on
paying Gail. That was brought up and a motion was made. The fire company will
pay that fee.  Councilman Snyder said a request was made by the fire company to
help them out for that, I signed that for the temporary license.

New Business

Councilman Myers said the ATR truck is sitting out here. I was asked to find out
if the borough would have any issues, they are talking about putting the back of
the truck behind the salt bin to use it for training. Mayor Sanford said I don’t know
if that is going to go anywhere, I’m not in favor of that. Councilman Myers said
it won’t be a vehicle then. I was told by the chief to ask. Councilman Allar said
are you talking about the salt shed, aren’t you concerned about vandalism?
Councilman Myers said to use it for training. Councilman Allar said it’s not
very visible.

Councilman Noll said if everyone is okay with it, Red Lion is in discussion and
showing interest in participating in and providing money for the dam maintenance.
Is there a problem if I entertain discussion? We may be able to bring Red Lion in.
Councilman Snyder said there is a consensus of council to proceed with that.
They may only want to do a contribution. Councilman Noll said that is what
we are trying to do. I’ll explore it. Discussion continued. Councilman Noll said
we are short listed for the trail money, and I let Dianne know we are trying to
acquire that land for parking.

Payment of Bills

A motion was made by Councilman Myers to pay the bills as listed. The motion
was seconded by Councilman Noll. All in favor.  Councilman Snyder said bills
are paid.


A motion was made by Councilman Strausbaugh to adjourn the meeting at 9:21PM.
The motion was seconded by Councilman Snyder. All in favor.