YOE BOROUGH PG. 1
The regular monthly meeting of Yoe Borough Council was held on June 5, 2012
, Yoe Borough Municipal
Building 150 N. Maple Street, Yoe, PA.
The meeting was called
to order at 7:03PM by Council President Sam Snyder followed by the Pledge of Allegiance.
Council Members in attendance:
Wendy Coble Tyson
Others in attendance:
Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance Supervisor
Steve Malesker, Engineer
Charles Rausch, Solicitor(sitting in for Solicitor Ehrhart)
Barry Myers, Yoe Fire Company Representative
Councilman Snyder introduced Charles Rausch. I heard our solicitor, Nicole did have her baby.
Mr. Rausch said on May 24th, both are doing very well. Councilman Snyder asked that a card
and a fruit basket be sent to her from the borough. Councilman Snyder introduced all attendees
at the council table. And congratulations to Nicole.
Councilman Snyder asked if everyone had an opportunity to look over the minutes from the
prior meeting, any additions or corrections? A motion to accept the meeting minutes of
the May 1, 2012 meeting was made by Councilman Allar. The motion was seconded by
Councilwoman Coble Tyson. All in favor. Councilman Snyder said minutes approved.
Barry Myers from Yoe Fire Company came here tonight asking a request of Yoe Borough. I
will give a little history before I ask the request. Yoe Fire Company is looking at purchasing
property, some land up here on
Which is right here, this land is 14.2 acres. And
this will be on this side of the storage sheds up here. The land sits between Springwood and
so than buying the land. We have not made any commitment. Nor are we until we make sure
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the moons, sun and everything else is all lined up. Then of course it comes down to, can we
strike a deal. This day and age, who knows. This was scheduled to be a housing development
at one time, so its already zoned for the housing development. That shouldn’t be a problem
for emergency services, the way ordinances are in
a service like that can go York Township
in regardless what the zoning is. Its what the township is telling us. So, what we think is going
to happen, its not going to happen at one time, if we do purchase the land, it will be over
a period of time. It’ll probably be will be enough for a hall up there and probably two truck
buildings, a garage to house the two vehicles that sit outside at the station, is what we’re
thinking about doing. However, one of the things we have to do is we have an issue. First of
is redoing York Township Yoe Drive, they’re reworking the whole
intersection here, so
our distance and everything would be good. The problem lies up here by Tommy Imes place.
It comes down and does that crazy corner. When you bring a truck out unto
front end actually hits, it hits the back end going in, when we have a fire call out that way.
So there’s definitely a gray issue there for sure. As well as a sight problem. But the only way
we can find that out, obviously is to hire an engineer. Of course everybody knows how expensive
engineer’s can be okay. So I got prices from TRG and it ranges anywhere from $5,000 to
$10,000.00. I’m not willing and I’m just the Chairman speaking for Yoe Fire Co., I’m not
willing to spend that kind of money just to find that out. So I thought the other day, a few weeks
ago I had a meeting with York County Planning for some other stuff for work, I asked Felicia
if you would be willing to do a study for Yoe Fire Company out there on
Lombard Road to
see whether or not, what we would have to do, to go out through here. She would research
the following things. It would be to determine if the intersection can handle emergency
vehicle traffic, sight distance, turning radiuses, grades at the intersection approach and if
so what kind of regulatory signs would we need. Like flashing light, what would we need
to deal with that. I don’t know if you know it or not,
is trying to change the York Township
zoning back there anyways, to light commercial. That tied, so they are going back to the
drawing board I guess. Yoe Borough owns three sides of that intersection up there. Of course
I can’t get any commitment out of
up there, other
than them saying they’d be York
willing to work with Yoe Borough to see what we could do to get that intersection straight.
We need to start somewhere. In talking to York County Planning, they are willing to do an
engineer study of what I just said, but I need to have a municipality to request it. So obviously,
it would have to be Yoe Borough or
. So the fire
company is willing to pay for York
that, we just need to use your means to get there. The study is $250.00. Its no a super amount
of money, it’s a lot less than $5,000.00. So. Councilman Noll asked do you need a letter of
support? Mr. Myers said I actually need a letter of request from Yoe Borough, Yoe Borough
has to request the study. I have the information. What we are asking of Yoe Borough, would
you be willing request that for us. Yoe Ambulance and Yoe Fire Company would pay that
$250.00. We just need your help to get that through. Researching this property, we are
researching the Attig Farm, which is behind the cemetery. On the ambulance side,
they just can’t seem to get a hold of Attig. We got to do something, sometime, we know
its not going to happen over night. Maybe FEMA, they use to have this grant, if you own
a property and you have blueprints set, it’s a shovel ready grant. If they have that, two years
ago when they did it, it still would be a gamble for the fire company, but two years ago they
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gave out enough money for twelve fire companies that owned property where they had blue
prints and built like twelve or thirteen fire companies. Brand new fire departments. Basically
FEMA would do it. We would like to be in that position. Councilman Noll said what does
this do with the plans for the ambulance, do they have some land purchased? Mr. Myers
said they have some land out behind Kentucky Fried Chicken on
Queen Street, that doesn’t
change that plan at all. What it may change for the Ambulance Club is their main office,
now would be here, and that would be a substation. The problem that the ambulance has,
even if they go tomorrow out there, they don’t own enough land to build what they want.
I can tell you one or two things may happen, you may see the fire company buy this and
ambulance not move. You still have an issue with the old Yoe Fire Company, what would you do
with Yoe Fire Company? It’s a big puzzle to put together. We only own eight feet of that
parking lot down there, the church owns the rest. So that creates an issue. Back in the day,
its always better to work together, then we would be better. However, now it becomes a
financial problem for the fire company, cause if we try to sell it, who is going to buy it
with eight foot. So there is some talk about maybe fire company move up there, and we
sell it to the ambulance club, our half. That becomes the home office. For being a member
of Yoe, all my life basically, I really have a problem with Yoe Ambulance moving out of
Yoe Borough. Just my opinion. It started here in Yoe, it should stay. Councilman Allar
asked your long term plan is to move Yoe Fire Company? Mr. Myers said yes, our long
term plan is to move Yoe Fire Company, out there. Its not big enough for Yoe Fire
Company that property down here, it doesn’t work for us anymore. We outgrew it so
bad. Of course the ambulance club has the same problem. We still couldn’t get the one
truck in the station anyways. Councilman Allar said you couldn’t have the overflow up
there and still stay in town? Mr. Myers said that has been some talk, yes. By doing that,
just put two engines up there, the ATR truck and some storage. We’ve been renting
storage. Councilman Allar said if you relocate there wouldn’t be a Yoe Fire Company?
Mr. Myers said by name it would still be Yoe Fire Company yes, but no, Yoe Borough
would have no fire company in the borough no more. We would still be your closest
fire company. Councilman Noll asked you would provide the same services? Mr.
Myers said its almost the same distance. Councilman Noll said I would think you would
be able to get out on the road better here, than looking at what you have down here.
Mr. Myers said we have problems at certain times of the day down here, trying to get
out here. Councilman Allar said the vehicles are a lot bigger. Mr. Myers said that is another
one of our problems, our vehicles are getting bigger and that is driven by regulations
with what you have to had. We just ran across that with our rescue truck, a couple years
ago, make it heavy rescue. Yoe Fire Company has always been a rescue fire company.
That is what we do. We took things off of it, changed things around. They changed their
spec on what heavy rescue was. Do I agree with everything they put on there, no. Some
doesn’t make no sense but you know how that is, it is what it is. We are looking at
possibly purchasing this land. The owner of property is willing to work with us. That’s
what is making it a little more sweeter. He’s willing to finance it, give it to us at a
decent rate. So, other than a down payment and some cost to make a change. It would
financially good for him and for us. He hasn’t put this into clean and green because
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he was going to put it in as a housing development. Councilman Noll made a motion
that Yoe Borough support the fire company, and write the letter to Felicia Dell at
was seconded by Councilman Allar. In favor of motion: Councilman Snyder, Councilman
Strausbaugh and Councilwoman Coble Tyson. Councilman Myers abstained. Solicitor
Rausch said on the letter, indicate that you want to do the traffic study, that its $250.00,
and it would be paid for by Yoe Fire Co. and have Yoe Fire Company sign off too.
Clear out what is going to be. Mr. Myers said thank you. Mr.Myers will take care of
composing that letter. Councilman Snyder said I had one question, how far out do you
see this decision? Mr. Myers said five years for phase I, the hall and the two bays. Not
totally moved out, I don’t see that happening until about ten years. Councilman Snyder said
the only issue I see us needing a legal thing to be looked into, is that Yoe Fire Company is
the recognized fire company of the borough. The firemen’s relief comes to us. If its no
longer within the municipal boundary, how that affects what we need to do here. I’m just
trying to get an idea, how far. We don’t need to be doing anything yet. Mr. Myers said that’s
pretty easy, we have a contract now, they state Yoe Fire Company that it’s the fire company
. Its an easy contract, we put
in there that Yoe Fire Company still Windsor Township
be recognized for the firemen’s relief. Councilman Snyder said I don’t know how it will
affect the worker’s comp. Mr. Myers said as long as our home office is there, which that is
going to happen, for the first five years that’s not going to happen, even if we build the place
tomorrow our home office is still down here, you are still our worker’s comp provider. Once
we move up there, you drop it, its going to be a reversal. Then
would become York Township
the worker’s comp provider, then they would bill you, like
does now to them. I talked Sandy
to the state commissioner, he said the solicitor draws up the fire contract it happens all the time.
Councilman Noll asked so you are still looking at being independent, not any consolidation.
Like with other fire departments. Mr. Myers said for this year no, we have talked some, I just
don’t see that happening right now. Councilman Noll said I didn’t think it would, I see a couple
of things regionalized. Mr. Myers said I see with us moving up to
I see the York Township
day when we combine with
. I think that
would be the thing to do. Its going York
to happen. One of two things are going to happen, volunteers are going to go away and you’re
going to be paying paid people like Springettsbury does now. Depends how you do it. Some
departments you have paid people and they work well together. Springettsbury, they took
on these two volunteer fire companies. Prior to that, Springettsbury didn’t have any volunteers
except for the fire police. This chief here, he is coming from the top down, I think that’s good.
Is that the answer, I still think we’re going down the same route. I know Charlie is involved
with that, I love to sit down and talk to him about that. I don’t agree with that, what worries
me is that I think we are going down the same route with the regional police department. We
were sold on the idea that regional police were going to be cheaper here, I have not seen that
yet. He’s doing some things, that chief in there is doing some things I would do. We do down
here when I was chief. We start out with part time fire fighters. He has full time people. He
has part time for fire chiefs, battalion chiefs, I think that is smart. I would love to sit and talk
to you sometime. I hope I never see us go full time, but it may happen. Councilman Noll said
it will with all the training involved. Mr. Myers said as long as we are creative. They hire
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volunteers, that’s better. Good things. Mr. Myers said we hired full time people, but they
were volunteers. Every person we hired down here, I made sure they were a volunteer
fire fighter. Because they know where they are coming from. You hire someone off the
street that never was a volunteer fire fighter, you get a different person, not saying its
not a bad person, but it’s a different person, different thought process, it’s a job. But
I will get with
Sandy, email it.
Solicitor Rausch said the amendments to the recycling ordinance has been advertised for
adoption. The ordinance amends section 2023, for the separation of recyclable materials,
and adds brush or yard waste to the list of acceptable recyclables. Councilman Snyder
asked any further questions? A motion to ordain Ordinance 2012-04 by Councilman Myers.
The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said
so be it ordained.
Councilman Snyder said next, we received a request about two months ago if you recall,
the fire department came to us asking to utilize the park on June 16th. Which is coming
up in a couple of weeks, that was granted by council. In interim, I was asked to sign
a letter of support on behalf of the fire department, because they were going to be getting
a temporary liquor license up there. So everything was controlled and watched over and
they wanted to do it the legal way. Since we allow people who rent the property to
bring alcoholic beverage. I had to sign a letter saying, yes that is what we allow for people
who rent the property. The fire department was since notified that, that didn’t set well,
with the liquor control board, they needed a resolution from council stating that we actually
allow alcoholic beverage up at the park for them to attain this temporary license. Since
the timing is limited, I was able to draft one of us for tonight’s meeting. I gave it to
Mr. Rausch to look over to verbiage, and to the liquor control board so it met their muster,
before I drafted it up, because you only get one shot at this apple. And they said, that will
be fine. Councilman Allar asked are we setting a precedence by allowing this? Mr. Shearer
said this is because Yoe Borough is a dry borough. In order for us to get the temporary
liquor license, we have to have the resolution from the county. So that is what is driving this.
As far a precedence, an organization that would want to do an even that would require a
license. Alcohol is part of the ticket. Debate in the liquor control board. We were advised,
we have small games of chance permit, a raffle permit to hold the event. In order to
satisfying all state requirements, we need the resolution. Councilman Allar said don’t
get me wrong I have no problem with the fire company, I just don’t know who is going to
apply next month or the month after that. Do we have a reason to say no to them? Councilman
Snyder said that is the whole purpose of the resolution. We allow people to bring alcohol
there. This is just because they are applying for a license. You get the family reunion up there,
or something. They are not going to get a license. Mr. Myers said a long time ago,
had one of their fraternities, they got a temporary permit for up there. The police said
we are going to have a mess. Our solicitor had to write a letter stating that they would not
Solicitor’s Report(cont.) Page 6
interfere unless there is a problem. You can shut it down if there is a problem, but if there is
no problem you can’t shut it down. And actually it was very well ran. Solicitor Rausch
my question is does the fire company have insurance? Mr. Myers said yes the fire company
has insurance. So its just a matter of presenting the insurance. Councilman Noll said I
will vote no, its not because of the fire company, you do great things and I respect what
you do, I have an issue with the company, you pick people up off the street. To have
an event that supports that type of thing, I have a lot of moral reservation with it. Its
difficult to vote for something like that. I also have a lot of reservation like Tom does on
precedence. Maybe you can explain this to me why you want to have alcohol when
a lot of what you do is taking care of people who have had too much alcohol. Mr. Shearer
said alcohol goes very well with gambling. And gambling is where we make money.
The long short of it is, if you don’t want those paid fire fighters that Barry was talking
about, we need to increase our revenue. We battle every organization that there is,
for every dollar. So as long, Yoe Fire Company, we continue to raise money to assist
us. These are the type of events that we are going to have live with. Councilman Myers
said our biggest problem is we come to Yoe Borough and ask for money, but last year
Yoe Fire Company paid $52,000.00 to have a paid person. Discussion continued.
Councilman Snyder read the resolution wording: Whereas, Yoe Borough recognizes
Yoe Fire Company #1 as the official fire company for the borough by ordinance 90-002.
Whereas, Yoe Borough recognizes the need for Yoe Fire Company to hold fundraisers
from time to time. Whereas, Yoe Borough allows for the rental of the
by Yoe Park
private individuals and non profit organizations by entering into a rental agreement with
the borough and allows for those who execute such agreement to bring, furnish and
consume alcoholic beverage while on park property during the time of such rental as
established by ordinance 81-04 and amended by ordinance 2012-02. Whereas, Yoe
Fire Company has executed such rental agreement with borough in order to hold the
fund raising event on June 16th and further wishes to secure a temporary license from
the PLCB Bureau of Licensing in order to provide alcoholic beverages for those
who support and attend that fund raising event. Now therefore, be it resolved that
the Council of the Borough of Yoe does hereby support Yoe Fire Company #1 in
its effort to secure such temporary license in order to provide for the safe and effective
of the alcoholic consumption during that rental time at the park. Councilman
Allar asked Charlie, do you agree that this is not precedence, if next time we choose not
to go along with the request? Solicitor Rausch said I think you have a council who approve
this resolution, in support of your recognized fire company. Councilman Allar asked
do you feel you have enough there to defend? Solicitor Rausch said sure. Its defensible,
this is to support the fire company. A motion to resolve, Resolution 2012-03 by Councilwoman
Coble Tyson. The motion was seconded by Councilman Strausbaugh. In favor of motion:
Councilman Allar and Councilman Snyder. Councilman Noll opposes. Councilman Myers
abstained. Councilman Snyder said let the record reflect that with one no vote and one
abstention, the resolution passes.
Solicitor’s Report(cont.) Page 7
Councilman Snyder said we did receive a communication from Nicole before she
went on maternity leave, concerning the Hamilton Hills versus
. Hamilton Township
That decision, everybody received a copy of that. Along with that, we received
notice from Steve,where he had his people look over our buffering ordinance to see
if that was in good order. Everybody have a chance to look over that. So that looks
to be in good order. We received on May 11th from York County Planning, the latest
revision to the
subdivision ordinance. Since Yoe
Borough uses the York County
county as our planning commission, we have to have this on file. I looked over it,
everything looks to in order. I did take that opportunity to talk to Terri Ruby. I asked
her that I didn’t see anything in there, in regards to all the other discussion was about
with intermunicipal boundaries disputes and a subdivision that crosses the boundary.
While this is too late from this revision, I did know they constantly revised this thing and
could they consider something in there to delineate that in a future revision. She actually
thanked us for those comments. She feels that section 103, the authority and jurisdication,
applies there, because it says your own municipalities restrictions must meet this.
So therefore by saying that, she thinks it would be each individual municipality. She
did say that they would strictly insure that any subdivision or plan that would come
before the county, would have to meet those municipalities. That’s what the standards
that they would use but they would also then, pass the comments on and put them on
file for future amendments. To further clarify. Along with that, I saw where
Township did not adopt the ordinance at their last meeting, its actually being held over
for consideration for June 12th. So I thought since it was an issue that the borough
had, and we spent thousand of dollars defending against it. I think it would be appropriate
to send in comments on the plan that they can review prior to them deciding what they’re
going to do. It doesn’t hurt to get our opinion. A motion to send a letter of comments to
all those comments remain in effect and we would like them to consider if they are going
to do a revision to low or medium density residential by Councilman Allar. The motion
was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said
motion carried. Councilman Allar said should some of the citizens that were involved
last time should be made aware and notified. Like Joe and Bob Strobeck. Councilman
Snyder said if council people want to call people that were involved last time.
Councilman Snyder said because they found out, that we were informed that these
changes weren’t forthcoming, they did improve on inter municipal cooperation and
this time submitted the comment on the official map which they are looking at redoing
and asking for Yoe Borough’s comments. There is a forty five day review period.
Date is April 30, 2012 of letter.
Councilman Snyder said I wanted to bring this up, its an issue that Patti brought to our
attention but its more solicitor required. Basically she was talking with Connie Stokes
of Dallastown about the grass issue and abandoned houses. In Dallastown, they go out
and do the mowing of the properties they tack that cost unto the water bill. If its unpaid,
they then go and can lien the property that way and shut off the water. She just thought
Solicitor’s Report(cont.) Page 8
that may be a more efficient way to get the grass cut. She was bringing that to our
attention. She forwarded an copy of their ordinance. It doesn’t even say that they
can do that. Solicitor Rausch said tack it unto the water bill, I don’t think you can
shut off the water for not cutting your grass. You can lien the property. Councilman Myers
said if it becomes part of your municipal service. Councilman Noll said I’d love
to do it, but I think we’d get ourselves into a very indefensible position. Councilman
Noll said we could check with our solicitor if there is any precedence. Solicitor Rausch
said I don’t think you would find much on it, I have never heard of it before, its creative
but there are certain procedures you have to follow when you don’t pay your water.
Its not a easy process. I don’t know by tacking on some other nuisance, that’s permissible.
Discussion continued. Solicitor Rausch suggested getting the D. J. involved, once the
message is out there. Councilman Snyder said we updated our ordinance, minimum fine
of $100.00, second $250.00 and third offense is the $500.00. Its just a matter of Patti
going out and citing them. Solicitor Rausch said its not an easy fix, its all over. Discussion
Councilman Snyder said we did receive the signed agreement from the Riedels. This is
our copy. $1000.00 check will be made out. What we’re waiting for
to York Township
finalize their subdivision ordinance. We will then go thru the reversed subdivision.
The remaining balance will be $5000.00. Mr. Shearer said he did notice the grass
on that portion that the Riedels agreed to sell us, isn’t mowed. He mowed around it.
I assume you want me to mow it. Councilman Snyder said as you get access to the
dams, that mowing may occur. We have the flood easement for the other side of
creek and we are mowing it. The secretary will send our insurance company a copy
of the sales agreement.
Mr. Shearer said on the land you are going through quiet title for, there is the portion
that we have been mowing, there is a section in front of Mr. Claycomb’s property,
on the edge of the lower side of
He mows the upper portion but has
stopped mowing the portion at the bottom. I don’t know if he feels we own it, and
has stopped mowing it. Councilman Noll asked where do we stand with this process.
Solicitor Rausch said Nicole said she still hasn’t heard from Attorney Marc Roberts,
who is the attorney for Mr. Claycomb. She has not heard. Councilman Snyder said
we have been waiting for six months now. She has been notifying has been contacting
them every two weeks asking if their client has signed. Councilman Noll said he
agreed to it, but just hasn’t signed. Councilman Snyder said is there anything we
can do to nudge him along. Councilman Noll asked if there a statute of limitations?
Solicitor Rausch said I am sure we filed the quiet title action. Councilman Snyder
said everyone signed off except him, he filed an objection. After the objection was
filed we filed a response. And started working on a negotiation. We got a negotiation,
he agreed to it. Solicitor Rausch said we could notify him that if you don’t sign the
thing by a certain date, we are moving ahead. Councilman Noll said and that would
be legally binding then, as a sign off? Solicitor Rausch said no, you have to go ahead
Solicitor’s Report(cont.) Page 9
and fight it out in court. Councilman Snyder said we can give him thirty days up to
the next council meeting to sign, if not we are moving on. Councilman Noll said
and to document that he is not mowing it. Councilman Noll made a motion to have
a letter sent giving a window to resolve the issue, give him until July 2, 2012 to
resolve this issue. The motion was seconded by Councilman Myers. All in favor.
Councilman Snyder said motion carried. Solicitor Rausch will send the letter to
Mr. Malesker said Tom, do you have anything for the solicitor on the third party for the
wetland mitigation project? Councilman Allar said no, Jake is going to be talking to
John from C. S. Davidson, he has some experience on that. Jake was looking at one
of these watershed organizations as our third party. Mr. Malesker said I did talk to
Jake a little bit, he did say talked to Mr. Danko about the monitoring and things like that.
The permit is up there, Mr. Danko hasn’t had a chance to review and approve it yet.
Councilman Allar added that Danko isn’t going to approve anything until we have this
third party. Cease and desist will just sit there until that happens. I’m going to have
a meeting with the head of the conservation district within the next week or so. There
is some formatting that needs to be changed on the easement to go forward. Mr. Danko
wants some fine tuning. Having a third party willing to hold the easement. I hope to
have some information at the next council meeting. There is no DEP permit for the
Mill Creek Preserve. The Growing Greener 1 runs out at the end of June. There is not
enough time. The request for extension that the township has put in, they will probably
get it. Its time to deal with the third party.
Mr. Malesker reported that the MS 4 reported will be submitted this week. The only
that we didn’t have, Dana, when you clean inlets do you keep track, a form to fill out.
Mr. Shearer said I do believe you gave me a form to fill out but I have been derelict
in filling them out. As a matter of fact, I just marked some down. Mr. Malesker
said for the next reporting period, we should make sure we have that included.
Councilman Noll added keep track of the dredging, street sweeping and leaf
pick up, do we need pictures? Mr. Malesker said I don’t know if pictures would
be needed, but documentation on inlet numbers, and on this date I cleaned it.
Documentation on the procedure. Councilman Myers said it counts when council
people take classes. Councilman Noll said I went to a conference/workshop.
Councilman Strausbaugh took a workshop too. Councilman Myers said make
a copy of the advertising of the workshop. If you get me a copy, I’ll make
sure Mr. Malesker gets it directly. Mr. Malesker said scan it and email it to me.
Councilman Snyder said if they are going to be required to be submitted with
the permit on an annual basis, would it be easier Dana, you fill them out and
submit it them with your maintenance report that way we’d have them. If we
wait until end of the year, if you’re out sick or something. If you could submit
Engineer’s Report(cont.) Page 10
them on a monthly basis as you do them. The secretary said there is going to
be a notebook sitting on council table just for MS4. Councilman Noll said still
include it on the maintenance report because it is now a matter of public
record. Put MS 4 activities, and the date, it will be public record. Councilman
Myers said anything like the newsletter can go in there. Councilman Myers
said cleaning the storm drains when it snows. Councilman Snyder said even
when a heavy rain is expected also. Councilman Noll said even the FEMA
work can be included. Mr. Malesker said even the work at
Mr. Malesker said Keystruct mobilized last Tuesday, I sent that email out.
For repairs at
Mr. Malesker said I’ve been out and so has
been Dana. I made sure they had the rebar tied in before they poured the
concrete. I stopped by there before this meeting, they did the form work.
They are suppose to start the patching today. We should be able to do
a final inspection. If Councilman Noll and Dana could be there, Dana
bring boots and a ladder.
Mr. Malesker said bids were open yesterday for the gabion project. That
was one that we had budget prices, FEMA used the lowest of those for
the budgeting. A contractor came in under what FEMA used for the
budgeting. It was Shiloh Paving. Yoe Concrete was around $27,000.00.
Shiloh Paving came in at $24,856.00. The bid tab is attached to the
engineer’s report. The money from FEMA is not in your possession
yet. Its written in our spec book, you have sixty days to award the bid,
if you are waiting approval from a government agency you have
120 days. We ran into similar situation at the beginning of the dredging
project. We do have time, I would hope that the money gets here by
then. I don’t recommend awarding this yet. Discussion continued.
Mr. Malesker said I can let Shiloh Paving know that the intent is to award
it, we are waiting for the funds from FEMA. Councilman Myers said
you need to keep all your paperwork together because it sounds like you
are going to get audited in two years. Last time
did that York County
we didn’t get audited. But this time it sounds like you are going to get
audited. You have to make sure everything is in there, copies of invoices,
all the stuff that John did with that work, as well as Steve. Mr. Malesker
said keep in mind when we submitted the permit we showed the rip
rap in there, FEMA did not want the rip rap as part of theirs, something
about a drainage ditch, so we deleted it as part of this work because it
wasn’t approved for them under whatever project its under. You do have,
its permitted, you have three years to put that rip rap in there. We will
have the equipment and materials bid, you can use Fitz and Smith to put
that in, and buy rip rap from your materials bid. You can use liquid fuels
to do that. Councilman Myers added they are auditing because they want
Engineer’s Report(cont.) Page 11
to know that you did that work. They found out, when they had another
hurricane come through, they were paying for stumps down in
, New Orleans
they were paying for stumps that were shipped in and contractors were
getting paid for them. They want to know you did the work, that you didn’t
pocket the money to get a new truck. Biggest thing is having everything there.
They said have every single paperwork here. They said photographs would
help. Mr. Malesker said we will have all the bidding documents, the
applications for payment. We’re going to have everything, the proof
of advertisement. Councilman Myers said make it a separate file. A motion
was made by Councilman Myers to table the award of the project at this
time until we get the FEMA monies. The motion was seconded by Councilman
Allar. All in favor. Councilman Snyder said motion carried.
Mr. Malesker said material and equipment bids were awarded at the May meeting.
I do have two of the four contracts here. The Kinsley was awarded the bituminous
materials, that insurance was rejected because it wasn’t the right project name.
I won’t have that one. York Building Products had an issue with insurance too,
so that wasn’t awarded. Tonight I have Fitz and Smith which is the equipment
contractor and I have Recon which is the milling contractor. I need a motion to
sign these two contracts and if we can once that insurance is approved, if I can
stop by and have you sign those other two contracts. Just in case you need some
materials before the next meeting. A motion was made by Councilman Noll to
sign those documents, Fitz and Smith and Recon and when the other two contracts
come in, once the insurance is taken care of, Sam is authorized as President of
Council to sign those documents. The motion was seconded by Councilwoman
Coble Tyson. All in favor. Councilman Snyder said motion carried. Mr. Malesker
says the contract starts June 15, 2012 ends June 14, 2013.
Councilman Myers said the Heritage Rail Trail Authority got all but one million
dollars awarded to them two weeks ago to put a trail in from
John Rudy Park
to the Route 30 bridge. It was a grant that they applied for because it was storm
water control. Somehow Jeff Shue got that approved for black top fill along
the Codorus Creek. I don’t know if there is another grant opening or application
date, Can you find out, number one is there going to be another award of grant,
can you find out if there is still money available and what we would use it for
is for two or three things. One obviously to extend the gabion baskets, something
that we can incorporate with the retention basins and is this something that we
can put in the for the parking lot for the trailhead that we talked about for
additional parking. Can we use that? It was something to do with storm water
control, water run off. Councilman Noll asked can we use it for our system?
Councilman Myers said so just a couple of things, maybe its not possible, but if the rail trail got
money for what they are using it for. Mr. Malesker said maybe its tied into recreation.
Discussion continued. Mr. Malesker said he will look into it.
Engineer’s Report(cont.) Page 12
Councilman Snyder said we received the contracts from York County Planning for CDBG
zoning ordinance update. We are not to incur any expense until we are advised to proceed.
A motion was made by Councilman Noll to sign the two contracts for the CDBG zoning
ordinance grant. Mr. Malesker said this is just for you to receive the $15,000.00. The
motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder
said motion carried.
Mr. Shearer presented the written maintenance report.
Mr. Shearer said I am working on the letters for the property maintenance fees on my rainy
Mr. Shearer said there is no compliance for the letter on
53 N. Church Street. I passed that
information to Patti, since that will be under her jurisdiction from here on out. She is
working on a letter.
Mr. Shearer said with the all the rain, the grass is being caught up. Had some repairs
to the mower.
Mr. Shearer said there is some information for the dam safety class. There were handouts.
There is also a resource book, and I have a disc of the class. I can get you a copy.
Discussion of the class continued.
Mr. Shearer said I had a conversation with Jerry Pickel. I asked him to take more
walks to keep up on muskrats and groundhogs at the retention dams.
Councilman Myers said we did that contract with Waste Management for the landfill.
Do you know how long that is for? Councilman Allar said I don’t think there was any
date on it. Mr. Shearer said I don’t think there was an end date. I will be contacting
Jake, the upper two veins are getting full, getting close to a dredge.
Councilman Allar said there are two cuts on
Street that need attention. Mr.
Shearer said I contacted Dallastown, the office and asked them to put in a work
request with the maintenance crew, to address that street cut and on
Councilman Snyder said to follow up when you said you were going to start issuing
the letters on the property maintenance people. I checked with
on the latest, Sandy
we got a check from Mr. Deardorff of $1100.00. We are about $800.00 shy there
in there, you may want to check with her on who is still outstanding. The main thing
is to get this money in. We are charging a $500.00 late fee. Mr. Deardorff is routinely
late. Are we poking that bear? Councilman Noll asked have we sent him a late letter
Maintenance Report(cont.) Page 13
yet this year? Councilman Snyder said that is what he is working on. He paid before
the late letter out, last year, he paid in July, he paid in June this year. Councilman
Noll said when you do the late letter, change the ordinance that your license will
be revoked and you have to do x, y and z. Councilman Snyder said that’s how its
written, your license is revoked for non payment. Thing is we haven’t sent that
notice out yet. Councilman Noll said is the $500.00 considered a restoration fee.
Councilman Snyder said yes, per unit. Councilman Myers said whether you sent
the letter out or not, he’s still in violation. Councilman Snyder said we are starting
to get these people in line, we are better shape for June 2012, a little bit better.
Its like the grass or weed thing. Councilman Noll said are you suggesting we send
an additional letter to him saying he owes this. Councilman Snyder said that is what
I wanted to discuss, do we want to give Dana direction and say even thought he paid
if he is going after these other people. He had his chance ,he knows it. At that point
we can do the one hundred dollar fine. Councilman Snyder said when is the cutoff.
Councilman Noll said sixty days. The secretary said the letters went out in February.
Councilman Snyder said the main objective is to get the money. Councilman Noll
said we’re spinning our wheels this year, if we want to go after these people, the
thirtieth we didn’t get the money, May 1st send a certified letter has to be going out.
That is what we have to do to enforce it. Councilman Snyder said the license is revoked
for non paying and we need a $500.00 reinstatement fee. Or what we’ve done
for the first year, it was their first offense, because there is a hundred dollar fine for
violating the ordinance, we let Dana work out the deal, its your first offense, we’ll
let you pay the one hundred dollar fine in lieu of the $500.00 restoration fee. I don’t
know out of these people if they are repeat offenders, if so make sure when you check
that off, they are getting whacked. Councilman Noll said in order to follow the full
extent of the ordinance, you have to send that second letter out right away. The $800.00
that’s left, send $500.00 letters immediately. I think we have to let the Deardorff
one go, if we go to D. J. we have no defensible position. Councilman Snyder said
let Deardorff slide this time. Councilman Noll said send the other letters out this week.
That may start a ripple down the line.
Zoning Officer’s Report
Councilman Allar asked is there anything on the Smith property?
72 N. Main Street,
the one that started last year by Dan. Councilwoman Coble Tyson asked do you have
anything on graffiti, graffiti language. Councilman Snyder said if its defacing
borough property, yeah. If someone is enhancing their own. Councilman Myers said
its on a garage in Yoe Borough. Councilman Noll asked is it offensive? Councilwoman
Coble Tyson said yes. Councilman Noll said I would have to read through the ordinance.
Councilman Snyder said you may want to ask Patti Myers about that. Councilwoman
Coble Tyson said I wanted to bring it up here first. There is underage drinking, there
were beer bottles there last weekend. If you are going to have these people there, you
have to clean it up. Councilman Myers said the fire department was called there two
Zoning Officer’s Report(cont.) Page 14
to three weeks ago, same problem as that last garage. Discussion continued. Councilman
Myers said if I go on a fire call at three o’clock in the morning, there are four or five
people walking in the alley near Councilwoman Coble Tyson’s place. Discussion
continued. Councilman Noll said if its happening on a regular basis, we should request
John have the night patrol through the area. I am sure we could request a night patrol
and a foot patrol. Councilman Snyder asked can I have John contact you, since you
know where these two places are. We’ll say council is requesting, walking/night patrol.
And then I have him contact you, to get the particulars. Councilwoman Coble Tyson
said the doors have been removed and only one returned. Councilman Noll said
perhaps Code Administrators needs to be involved. Councilman Snyder said he
will contact the mayor. Councilman Allar said getting back to the Smith property.
Dan did an action last year, he has it in file. I’m sure Patti can find it. We went
easy on him because he did the other house, not the one he was cited on. Winter
came in. Councilman Noll asked what is the complaint? Councilman Allar said its an eyesore?
Councilman Noll said just because we don’t like the way something looks, do we have
open holes where rodents hanging around the house. Councilman Allar said last time,
people came because bats were coming in and out of the building. Now we got probably
nesting bats are in there. We talked about this, when we were going over the ordinances,
I said what is this going to cover, does it cover eyesore which degrade property values
in that neighborhood. And supposedly, that’s in the ordinance. Apparently it is or Dan
wouldn’t have cited him to begin with. Councilman Noll said he was able to cite him
because they had ceiling of the porch was out, where you could have rodents. There were
actual things, structural things, that we went after. Councilman Allar said then there is
something wrong with the ordinance, we can’t go after eyesores, obvious ones. We didn’t
do a good job on the ordinance. Councilman Noll said here’s the difficulty, I challenge
anyone to come up with a good definition, as far as eyesore. Its difficult, its kind of like
the graffiti on the building. Yes, they probably shouldn’t have it there, but they could
complain someone else put it there. Councilman Allar said grass is one thing, you can’t allow these
kind of buildings to look like that. Not where the traffic light is, where people stop. Knowing
its going to affect property values, if they keep doing this long enough. That affects our
income. Councilman Noll said at this point we have to take a look at our ordinance. Councilman
Allar said I specifically mentioned that property when I was going through the ordinances and
I was told we can now, we now have the back up. Discussion continued. Councilman Myers
said I agree with both of you, that’s the problem. Discussion continued. Councilman Myers
asked there is nothing in the ordinance? Councilman Noll said for certain things, I can tell
whoever goes after this, will have a hard time saying we don’t like the paint job on that house.
Councilman Myers said we are not saying no paints on the walls, falling down? Councilman
Noll said if its unsecure, windows broken, vector ordinance type, prove that rats are moving
in and out. Councilman Allar said the purpose of the ordinance was to do this. People
were coming in and complaining about it. Saying we don’t have the right wording in
the ordinance but we will soon, then we passed the ordinance. Now we are saying we don’t
have the ordinance to take action. Councilman Myers said I remember that conversation.
Zoning Officer’s Report(cont.) Page 15
Councilman Noll said and we have more teeth than we did, when it comes down
to painting issues. Councilman Myers said we have to be careful. Councilman Allar
said we filed something then a year later. Councilman Snyder said got to Dan and say
is that action closed, we don’t know what Dan has told him. Yes I know Dan do
painting. All along we’re painting the wrong building, I can’t say he was painting
the wrong building, the original issue was we were going after the brick building,
we were going after the hole and maybe he said it has to be painted. Discussion
continued. Councilman Noll said I am not sure if the ordinance references paint.
Councilman Allar said I still think we should go for it, with pictures. Councilman
Myers said I thought it was pretty clear. Councilman Allar said do you realize
how many more houses stand in line if we do? Councilman Noll said our biggest
problem about this and we’ve talked about this is money, things like grass are
easy, its either under ten inches or its over ten inches. When it comes down to
subjective things, I’m just telling you we can do it, we’re going to spend a lot of
time and money, with probably very little action. Because its subjective, there is
no black and white. Councilman Allar said it lowers real estate values, what our
taxes are based on. I’ll spend $100.00 to make one thousand, five thousand or
ten thousand. Discussion continued. Councilman Myers said let’s look at it. Councilman
Noll said I just want to make you aware of what we are getting into, a lot of time and
a lot of money. Councilman Myers asked do you want to meet some morning at
seven and look over the ordinances. Councilman Noll said let me pull the property
maintenance code. Councilman Allar said I know we discussed it, and I know we
were making it clear. Councilman Noll said unfortunately its not that clear. Councilman
Allar said rewrite it to make it clear, the way we need it. Councilman Noll said
if you want to do some research on it. Councilman Allar said I was told it was already
done. Don’t worry about it. Councilman Noll asked is that what you are saying it’s a
paint issue. Councilman Allar said its appearance, paint is probably the single biggest
one. Councilwoman Coble Tyson said I don’t know if there is remaining paint on it,
I don’t know if he was working on it. Was he working on stripping the paint, it had
fancy wood, he was stripping that. Councilman Snyder said I know for a fact it is
covered. The problem is where do you say, what needs action and what doesn’t. Then
also if we’re saying, we want to start a historic district and stuff. Do we want to give
them guidelines, that’s what the zoning ordinance is going to do. We could make
a little flake off paint, paint. We could get nasty. Problem when you have so many
abandoned homes. Councilman Allar said this is true, we go out and cite people that
have junk on their porch. Is it one item or six items, we make judgment calls. Discussion
continued. Councilman Myers said file a citation and let the judge decide. It’s a judgment
call. Councilman Snyder said we need to find out if Dan is working with them. Councilman
Allar said he’s not, we asked for the books back. Councilman Noll said at the time I wanted
to adopt the entire property maintenance code and we did not adopt the entire property
maintenance code. We adopted two chapters which are limited in scope.
Emergency Management Report Page 16
Councilman Snyder said there is no report.
Councilman Snyder said John couldn’t make it tonight, he did submit a report for the month.
Which I will be giving to
Under police for the month of March, 14 calls, 1 accident, Sandy
50 traffic citations, 1 misdemeanor felony arrest 2 juvenile arrest. 51.75 service hours and
30.55 administrative hours. Councilman Allar said in the reader’s file there was a whole page
of criminal activity in Yoe Borough. Councilman Snyder said in the month of April we
had 20 calls, 29 traffic citations, 1 summary, 1 misdemeanor felony and 1 juvenile arrest.
49.25 service hours and 24.16 administrative hours.
Councilman Snyder said John did try to indicate that they were trying to get together another
traffic detail for this month that they have grant money for.
The secretary reported that you received a copy of a letter that you received from Jeri Jones
and Recreation. There is no longer going to be a selected week. York County Parks
Availability will be from November 23 to December 14th. And from December 26th to
31st with the coupon. All I need is to get back to them and let them know we are interested.
Then we will get the coupon and send it to Bruce on the website and keep copies at
The secretary said I did get insurance quotes which began June 1, 2012 through May 31, 2013.
We did well with our budget, we budgeted $31,000.00 and the price came in at $31615.00.
The increase is due to the new insurance for the cancer for the fire company. I will be billing
The secretary said I just passed out information on the York County Borough’s Association
meeting. June 28, 2012, if you’d like to attend you need to let me know ASAP.
The secretary said the office will be closed June 15, 2012.
Councilman Noll said we have had more feral cats that need to be trapped. A lot of it
has to do with the area near the
house, it’s a cat haven. There are several feral Taylor
cats in the area. Do we want to set a trap for a week and see what we get? Councilman
Snyder said might as well.
Councilman Snyder said we received the outstanding invoices from the Yoe Borough
Sewer Authority showing delinquents.
Councilman Snyder said we received a notice from DEP, that they approved $621.00 for
Act 101 Recycling performance grant. The secretary said it has been received.
Unfinished Business Page 17
Councilman Snyder said there was no unfinished business.
Councilman Noll said probably get a request to the council for a letter for the Act 13, that
they want to petition
to come up with a
fee structure that has to do with York
fracking. If the county doesn’t have a fee structure, we can’t do anything about it, so
we need to do it now. It will be a form letter of support.
Councilman Noll said I will have a meeting with Red Lion in the next week or two
weeks about contribution to the retention basin maintenance.
Payment of Bills
Councilman Snyder asked if everyone had an opportunity to look over the bill list. Additional
bills are Dallastown Yoe Water Authority: $1459.29 for hydrants, Daniel Kreig: $73.27 for
signs. A motion to pay the bills along with the additional bills by Councilman Allar. The
motion was seconded by Councilman Myers. All in favor.
A motion was made by Councilman Strausbaugh to adjourn the meeting at 9:39PM. The
motion was seconded by Councilman Snyder. All in favor.