Friday, July 6, 2012

Yoe Borough Council Meeting Minutes - June 5, 2012

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

                             The regular monthly meeting of Yoe Borough Council was held on June 5, 2012
      at the 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:
      Sam Snyder
      Seth Noll
      Tom Allar
      Barry Myers
      Wendy Coble Tyson
      Regan Strausbaugh

      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 Yoe Drive. 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
      Yoe Drive. We’re just in the very very beginning stages of doing all the research more
      so than buying the land. We have not made any commitment. Nor are we until we make sure

      Visitors(cont.)                                                            Page 2

      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 York Township, a service like that can go
      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
      all York Township is redoing 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 Lombard Road,
      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, York Township is trying to change the
      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 York Township up there, other than them saying they’d be
      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 York Township. So the fire company is willing to pay for
      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

      Visitors(cont.)                                                Page 3

      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

      Visitors(cont.)                                    Page 4

      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 York
      County Planning to do a traffic study at Lombard Road and Yoe Drive. The motion
      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
      for Windsor Township. Its an easy contract, we put in there that Yoe Fire Company still
      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 York Township would become
      the worker’s comp provider, then they would bill you, like Sandy does now to them. I talked
      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 York Township, I see the
      day when we combine with York Township. I think that would be the thing to do. Its going
      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

      Visitors(cont.)                                    Page 5

      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’s Report

      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, York College
      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 Yoe Park by
      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 York County subdivision ordinance. Since Yoe Borough uses the
      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 York
      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
      York Township reminding them of council’s concern of 2006 and our continued wish
      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 York Township to
      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 E. Pennsylvania. 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
      his attorney.

      Engineer’s Report

      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 Church Street.

      Mr. Malesker said Keystruct mobilized last Tuesday, I sent that email out.
      For repairs at Church Street. 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 York County did that
      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.

      Maintenance Report

      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 Main 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 Broad Street.
      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 Sandy on the latest,
      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.

      Mayor’s Report

      Councilman Snyder said John couldn’t make it tonight, he did submit a report for the month.
      Which I will be giving to Sandy. Under police for the month of March, 14 calls, 1 accident,
      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.

      Secretary’s Report

      The secretary reported that you received a copy of a letter that you received from Jeri Jones
      of York County Parks and Recreation. There is no longer going to be a selected week.
      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 office.

      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
      Windsor Township $9783.00 and York Township $8235.00. Total of $13597.00.

      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 Taylor house, it’s a cat haven. There are several feral
      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.

      New Business
      Councilman Noll said probably get a request to the council for a letter for the Act 13, that
      they want to petition York County to come up with a fee structure that has to do with
      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.