Wednesday, February 6, 2013

Yoe Borough Council Meeting Minutes - January 8, 2013



YOE, PA17313

The regular monthly meeting of Yoe Borough Council was held on January 8, 2013

at the Yoe BoroughMunicipal Building,150 N. Maple Street, Yoe, PAbeginning at 7:03PM. The meeting

was called to order 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(arriving at 7:05PM)

Others in attendance:

Dana Shearer, Maintenance Supervisor

Sandy Sterner, Secretary-Treasurer

Steve Malesker, Engineer

Seth Springer, sitting in for Solicitor Charles Rausch

John Sanford, Mayor

Patti Myers, Code Enforcement Officer

Rick and Scott Beard, Residents of 210 S. Main Street.


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

any additions or corrections? Councilman Allar said on Page 6 near the bottom, talking about the E & S

plans with Red Lion. Fifth line from the bottom. It says all this in writing for Red Lion and Dallastown,

it should be Yoe Borough not Dallastown. Dallastown isn’t part of this. Councilman Snyder asked any

other additions or corrections? A motion was made by Councilman Allar to accept the minutes with

the noted correction. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman

Snyder said minutes approved.


Hi, my name is Rick Beard, this is my son Scott Beard. We acquired the property here at 210 S. Main
, at the corner of Philadelphia and Main Streets. The place right aside of us, I’m not sure

if the owner is living there, 230. And then across the street, I believe its liveable. The one right across

the street, passed away, I’m not sure. The one right aside of us, from my understanding its abandoned

the house, I’m not sure. I believe a Robertson, an airline pilot. Richardson, that’s it. I would like to

Visitors(cont.)Page 2

know what is going to happen to these properties, and who ever owns this, do I have to go after

the builder to have this borough straightened up and cleaned up. And who do I see? Councilman

Noll said we are going to talk a lot about that this evening. The property, directly across, 196,

that has garbage in the back. We have been working on that, since June. At this point, we had

Patti our code enforcement has another hearing this Friday with them. We had basically judgment

against them, and they asked for a second hearing. We can not touch anything on that property

until after that hearing next Friday. We are going to talk about what we’d like to do as a council

and vote on that tonight as far as cleaning that up after that hearing occurs. So that one is well

on the way. Several people have purchased the property in a very short period of time, one of

them being a LLC that we could not find the person to serve notice on. Mr. Rick Beard asked

which one is that Seth? Councilman Noll said that is the one across the street. That one is in

the process and now there is a second hearing to follow up from the first one because of the

appeal. That is not this Friday but next Friday. So hopefully not too long after that the borough

can take some kind of positive action on it. As far as the Richardson, the one above you, that

we are going to talk about this evening. At this point, we have gone as far as we can go through

our first avenue. We need to prove to go any further that the person is still living there. Some

kind of physical. Mr. Rick Beard said I have seen lights on, one evening. I went over , but I

haven’t found anyone in the property, during the night. I’ve been trying to catch someone. The place is drawing rodent. I understand, the borough, I know how the economy is, the local, the state, the federal, all those.

I don’t know how long this has been going on. They have been telling me, this has been over a year,

year and half. One thing, my son wasn’t going to buy this property. I said no, I like the property, I

also like the borough. We’re from Red Lion. I know its not an easy route. Councilman Strausbaugh

said I saw the roof that you were talking about. I was down taking pictures. Councilman Noll said

again, we have some options that the borough is going to be discussing this evening as well as

discussing how far does the borough push it, for condemnation with paying with taxpayer’s money.

Mr. Rick Beard said if there is anything we can do, to help the borough. My son or I. I would

like to see it cleaned up. I have people who come to the house and say, my God, I can’t believe

this is like this. I say hey, this is the way it is, I am sure the borough doesn’t want the borough looking

like this. We are all frustrated. If there is anything we can do to help, I’d gladly help. Councilman Strausbaugh

said I talked to Mrs. Beard last week. And she said about the roof, if we have a heavy snow its going to

fall unto your house. Mr. Rick Beard asked is that our responsibility or his responsibility. Councilman Noll

said the technical answer is that its always the property owner’s responsibility, and that is up to the borough

to decide if they want to get involved. Mr. Rick Beard asked he still owns that property, correct? Councilman

Noll said that is correct. Mr. Rick Beard said there is no way, you can go after this man? I heard he is

an airline pilot, I’m telling you what I heard. Councilman Noll said we have some options, unfortunately,

we have discuss those, we may have to discuss those in a closed meeting if there is pending legal action.

We do have some options to look at. I see the property also, I live across the street. I can look out my

bedroom window, and see. So we have several things to look at this evening, one is that we have a municipal

plan. We are going to look into what the borough wants to tackle as far as issues. There are several, including

garbage and sidewalks. Hopefully voting on some of those things tonight. And municipal action. Mr.

Rick Beard asked for the name. Councilman Noll said Seth. Also I know we are talking about the town, I

don’t know, I saw it one Saturday, someone down in that block, if you see them with open burning, we

don’t allow open burning within the municipality because of the proximity of the houses. You are not

Visitors(cont.)Page 3

allowed to open burn. Mr. Rick Beard said I did have, okay that may be me. I do have a little grill there,

my grandson lives there. And wanted to toast marshmallows. I was under the impression its okay to have

a little grill to toast marshmallows. Councilman Strausbaugh said one thing that we should talk about

with 230, when she called, your wife called, she said she saw him carrying kerosene. If that house

catches on fire, its going to burn his house too. Councilman Noll said that is why we have to talk about

what action we should seek. The big topic that has been going around here, within the last year and half,

we appointed Patti around this time last year because of concerns that the town was having some issues.

It would be better to have a code enforcement officer to go around and look at these issues. Patti took

the job on. She has had a lot issues within the last year. Mr. Rick Beard said the one across the

street where there is trash in the back yard, what was that legal A rumor going around that

its legal, or whatever, owns that. Mrs. Myers said no. Mr. Rick Beard said I don’t think

its legal just to throw trash in your backyard. Hire a dumpster. Mrs. Myers said is what

he used to form the company. Mr. Rick Beard asked are they flipping it, or? Mrs. Myers said if he

is flipping, the only he has done is to throw stuff out. Some of it was there when the property was purchased.

I don’t know how high his fines are right now. He should be in the $1,000.00 range. Mrs. Myers discussed

the property and her findings. Mrs. Myers said we are very frustrated with it. Mr. Rick Beard said I just

want to get it cleaned up. Discussion continued. Councilman Strausbaugh said I talked to the Beards about

this matter. Mr. Rick Beard said I appreciate that, I’d gladly help, financially I am not rich. I’d gladly

help physically or anything I can do, if it takes legal action. I can’t believe it go this bad. I’d like to

see the town cleaned up. Councilman Snyder said thanks for coming tonight, feel free to stay when we get

to the zoning officer’s report. Any other visitors that would like to be recognized?

Solicitor’s Report

Mr. Springer said last time we were talking about advertising requirements and after you adopt a resolution or

ordinance there are no advertising requirements. All I found in the borough code, is advertising for the public

meetings and then it goes to planning code, it has more requirements under the borough code, there are

no post adoption advertisement requirements. To advertise the public meetings, and under the sunshine act to have anything passed through a public meeting. The secretary said that was advice given to us by our

former borough solicitor, Peter Solymos. I won’t do it anymore. I wanted to make it clear, it wasn’t my idea,

it was given to me by the former borough solicitor. A motion was made by Councilman Noll based on the

advice of our current solicitor that post advertising of ordinance adoptions can cease until further notice.
The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

Mr. Springer said I didn’t have any new issues or unresolved issues other than we already spoke of

earlier. Councilman Snyder said to follow up, we had that hearing on 53 Church Streetabout the septic issues.

They appealed that, for a trial de nouveau. At that time, we had to get the expert witness in, the solicitor was

asked to appear on our behalf. We have bills associated with that, Holley’s bill is $316.00. The solicitor’s bill, Dana’s time and Patti’s time and we got $100.00 a person in fines. We have roughly $1200.00 in enforcement for a $100.00 fine. What I asked the solicitor to look into for tonight, is there a way to recoup some of

these costs. Is there someway we can add them in, as part of the court costs. He did find out according to the

borough code, we can charge back reasonable attorney’s fees, however that has to be part of our ordinance.

We don’t have that adopted as part of our ordinance. The question now put before the council is, would

Solicitor’s Report(cont.)Page 4

you be interested in pursuing that idea for reasonable attorney fees, or do you think, well we aren’t going

to have that many times. I am thinking of twice in the 22 years I’ve been here that we actually had to

have a lawyer at a hearing. Other than when we were involved in lawsuits. Of course we will have to

pay money to have an ordinance drawn up, adopted, advertised. The other concern I have, which may

be a predication also, is, Seth wasn’t sure, without doing more research. If we can adopt one ordinance,

all our codes, henceforth we can collect this reasonable attorney’s fee and then when Keystate Publishers gets it, it would cost us $15.00 a page. Then we may just want to consider it when we do another codification and

catch it then. But that is what the issue is. If you would like to authorize Seth to go back and see if

we can go back and check if we can go ahead and just look at one ordinance. Councilman Noll said I think

we need to do that, simply because things we are talking about, we need more experts involved. If we

go the route we are talking about, we need to look into that. Councilman Snyder said also check on the

expert fees. We had Dana there, Patti there, we paid hourly wages, we had to have Holley and Associates, sewer enforcement there. If we can get reasonable. Mr. Springer said you can’t get expert witness fees, just court costs and attorney fees. A lot of the bulk of it, is attorney fees. Lehman case, it was specific to that case. Patti had just

come in as the enforcement officer, we needed the expert witness, Mark Clark. We needed him in there to

say what they were doing, why they were digging it up and what they discovered. We could proceed with

Dana. Tie everything together. Typically you have the code enforcement doing all the work and following through. Councilman Strausbaugh said what I’m afraid, if the home is up for sheriff’s sale and there are liens on it, we will never see that money again. Mr. Springer said you can get, an efficiency judgment and then you

can collect on it. So enforcing the judgment is an all together different issue. Discussion continued. A motion

was made by Councilman Noll to have the solicitor research into charging back attorney fees as it will allow

by the borough code for all our ordinanced violations and then report back as how expensive that will be if

we actually put it into these ordinances or if we just have to adopt one ordinance. The motion was seconded

by Councilman Strausbaugh. All in favor.

Councilman Noll said one of the things we need to figure out for the 196 property is after the hearing next week, and if we are found favorably. Does she have any right, if we tell her she can, to give them a certain

number day notice to clean up or we will go in and clean up and bill the property owner or lien the

property owner? Mr. Springer said yes. When you say, do you have the right to tell them how many

days they have to clean up. Councilman Noll said she would say at the hearing after final judgment, the borough council has voted to give him seven days to clean the property, or we are going to go and clean up. Mr. Springer

said I would have to see if the borough code allows you to do that. And then every day after the seven days

they have been given, is another offense. That is written in your code. You may want to do that. Councilman

Snyder said my thought, on what Councilman Noll is saying, once this goes to court, and the judge finds them

guilty and accesses them a $100.00 fine, that satisfies that issue. That starts a new issue, before we go in

and clean up, we have to follow the ordinance and the ordinance says we have to put him on notice. That

issue is now taken care of. Discussion continued. Mr. Springer said I will double check that. Councilman Noll

said that can come from her? Councilman Snyder said the fine has taken care of the first issue, then it would

be like giving them a second fine, you are allowed to do that, whatever the ordinance says. Mayor Sanford asked, are you asking if she can verbally say that in the courtroom? Councilman Snyder said no, I think she

has to send another. Councilman Noll said I agree, you have to give another notice. I want to vote on this,

if she does win that case, to pursue that ten days notice, that we all realize, that we go in then and clean up,

and end up liening the property and you’re probably looking at $1200.00 to $1500.00 to have someone

Solicitor’s Report(cont.)Page 5

in and clean up the place. Councilman Snyder asked do you know what she is charging him? Mr. Beard

said if that allows the borough to say that, because they were cited to take the action? Councilman Myers

said I thought once before we cited them and went in and took care of the issue. Councilman Noll said

that was one of the ones for lawn mowing. Discussion continued. Councilman Noll made a motion that

as representative of council that I’d instruct Patti that at the hearing, as part of her testimony, that she

seek remedy of the fine, and in a fifteen day clean up window, the property owners doesn’t do that, then

the borough has the right to go in and do the clean up, then bill pack as a lien the property owner for the

said cost. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Councilman Allar said the subject is the conservation easement that we talked about last month with York

Township. The way I understand it, Charlie has been talking to Steve Hovis.And Steve said wants some sort of

an agreement, for the borough to take full responsibility for inspections and so forth. This is really in the conservation easement anyway, but I think Steve I guess wants some additions, I don’t know what they are.

I don’t know if you were part of that or not. If you were briefed. I passed around an email from Mike Danko,

from the Corps of Engineers. The last second and third paragraph, because he hasn’t gotten the conservation easement. Point number one, we have get Steve to sign off on it, to get it to Jake Romig to get to Mike Danko.

It’s a done deal. We don’t want the township to add some sort of agreement to the conservation easement.

The township and borough, want to work out something separate. But if its part of the conservation easement, which is based on a template that the Army Corps of Engineers gave us, now it’s a different ball game.

Then it has to go up to their JAG, then there has to be another legal review because we changed things that

isn’t part of the template. We have to get that conservation easement to the Army Corps. The agreement can’t be part of the conservation easement. Councilman Noll said we can do an operations/maintenance agreement.

Councilman Snyder said there was an email from Jake to Charlie, to Steve Hovis, he was recommending a separate agreement from the easement. Whether Steve Hovis will sign off, without having this second

agreement, I don’t know. Discussion continued. Mr. Springer will speak with Charlie tomorrow and get an update. I’ll shoot you an email.

Councilman Allar said we talked about a form letter, when a bank takes over a property. The secretary said

I gave Councilman Snyder and Allar a copy of the email.The email is to be forwarded to Mrs. Myers and Councilman Noll per consensus of council.

Councilman Myers said 196 was cited under trash and trees. Councilman Noll said I will send Patti an email tomorrow.

Councilman Snyder said we have two resolutions. A motion to resolve Resolution 2013-01, to appoint

Michele Miller Noll to the Zoning Hearing Board for a term to expire 12/31/2015 by Councilman Allar.

The motion was seconded by Councilman Myers. Abstaining: Councilman NollIn favor: Councilman

Snyder, Councilman Strausbaugh and Councilwoman Coble Tyson. Councilman Snyder said resolution


Solicitor’s Report(cont.)Page 6

Councilman Snyder said everyone have the opportunity to look over Resolution 2013-02. I redid the whole

thing. The fees remain the same, other than Code Administrators. There was one final addition that was

just added on late this afternoon. On page two under the uniform construction, there is a paragraph that says,

all applicants for building/construction permits, which require third party plan review shall be responsible

for all third party costs as set forth, plus a 5% surcharge project cost, payable to the borough. That one,

Codes was unable without that language to charge back what the borough should be getting. They were

paying their costs. Councilman Noll said when a plan review, we were paying the cost of having it done.

Councilman Snyder said I will point out one thing that was added, for clerical purposes, to catch them

up, the Zoning Hearing Board’s compensation of $25.00 per meeting, to match up to our fee schedule.

A motion to resolve Resolution 2013-02 was made by Councilman Allar. The motion was seconded by

Councilman Noll. All in favor. Councilman Snyder said so be it resolved.

Councilman Snyder said you may have received part in your packet and the other was here on the

council table as a draft. There was another issue on Upper Pennsylvania Avenue, where the garbage

truck could not get through, this past Monday. This has been an ongoing problem for quite some time.

Its very difficult to park in there. The drawing that was in everyone’s packet, particular problem are

parcels 104 and 105, they want to park where Church Streetconnects the two Pennsylvania Avenues,

right where you make that curve unto Pennsylvania Avenue. I purposely went down there myself to

get the truck moved, so the garbage collection could proceed. I spoke with the person, whose truck

was the problem that. There is ample parking in the area where I have marked off with X’s on

the drawing. In front of parcel 104. He has an RV, a Porsche covered and three other vehicles. He

can move the RV back further, the Porsche back further and park right in front of his house. Particular

note is parcel 105, they have space right in front of their home. If we adopt this, with 25 foot, they

would still have room to park at least of one house beside their house. Discussion continued. Councilman

Snyder said my recommendation is, Church Street on both sides from lower side of E. Pennsylvania

Avenue to the upper side of E. Pennsylvania Avenueand upper E. Pennsylvania Avenueon both sides,

east, 25 foot, from the corner of Church Street as no parking. This is based on a traffic study being done.

If council is amiable on this, have Dana perform a traffic study. Then we can authorize to have it

advertised for adoption. A motion to perform the traffic studyto proceed with identified areas for

no parking was made by Councilman Noll. The motion was seconded by Councilman Allar. All in favor.

Councilman Snyder said okay Dana.

Councilman Snyder said I just wanted to bring this up, an issue that has popped up mid month in
December. We receive a bill from the Dallastown Yoe Water Authority, which I was surprised to see.

I informed Connie Stokes of the borough’s position. I talked to her, she was apologetic, it was more

of a FYI. That matter is closed for now.

Councilman Snyder said we need to appoint/reappoint representatives for the York Adams Tax Bureau.

Last year were Councilwoman Coble Tyson and Councilman Allar. A motion was made to appoint

Councilwoman Coble Tyson and Councilman Allar to York Adams Tax Bureau, as well as York County’s

Tax Collection Committee by Councilman Noll. The motion was seconded by Councilman Strausbaugh.

All in favor.

Solicitor’s Report(cont.)Page 7

Councilman Snyder said this is a FYI, Sandy needs to submit the form by January 25th to the York

CountyElections Board for approval of offices up for election. What’s being submitted: Barry

Myersk, 4 year council, Seth Noll, 4 year council, Wendy Coble Tyson, 4 year council, Regan

Strausbaugh 2 year council, John Sanford, Mayor and Connie Crull, Tax Collector. A motion was

made by Councilman submit those positions to the elections office. The motion was

seconded by Councilman Myers. All in favor.

Councilman Noll said as far as 230 S. Main Street, Richardson property, to date we have done everything

we can with the zoning officer. We’re at the point that nothing further can happen until we prove that they

are living in the house. Its not just receiving mail, its proof that they are living there. We can try to have

pictures taken, we have court costs associated with that. We can spend the same money, in your packet

the last page. See if there is any desire to do this. We had talked to Code Administrators back in the summer,

about what needed to be done for them to be able to come in and do a full code inspection which will

immediately render the building, issues on the building, as an inhabitable property. These are some of

the things we had to do, to make sure all that was perceived properly, one of them being adopt

an additional code enforcement officer of the IPMC, code enforcement and name that person, Norm

Strenger and Iness Rodriquez as the deputy officer. That would allow us to go on and do the thing we need to do. Do we want to take that route? At this point, we are either going to spend money to prove that they

live there and may or may not be successful. We let Code Administrators go out and perform the needed

inspections of the property maintenance code. Create a list of items that need to be resolved within

a thirty day period and if they are not, under the state building code and then as a council decide how

far we are willing to push this thing. Since the utilities have been cut off, then the house could be

condemned. The water is turned off, but not sure on electrical and gas. Once its condemned, then

post a notice on the house. Either he fixes it up and apply for permits, follow proper code procedures.

This is not a short process. Councilman Strausbaugh asked if we tear the house down, does the borough

own the property? Councilman Noll said no, the person who owns the property, still owns it, we just lien

it for the costs. Discussion continued. Councilman Snyder said Regan had brought up earlier, was

conservatorship, would it be cheaper at that point, if the end result is to have to condemn it and take

it over anyways, would the cheaper route, than having to get Codes in this, I can see them at $150.00

an hour, that adds up real quick. If we go right to the conservatorship, it’s the legal fees involved,

we are working at taking over this property. Councilman Noll said the reason to adopt the entire

IPMC, is to fix problems inside and out. Quite honestly, I don’t care what it looks like inside. We

need to get the outside, that is what we adopted. Councilman Snyder said Regan went to this

thing in beginning of December, how much do you think it would cost for us to go through a conversatorship.

It’s a $150.00 just to post a notice. Could we have you look into this for next month? This may be

for $5,000.00 to $6,000.00 of legal fees, to take this over. There is something in the Borough News

on conservatorship, we can do what we want if we take it over. Councilman Noll said if we do

conservatorhip, we are bank rolling the project, if we decide to fix up the property, the borough is going

to put that money in to get it back at a later date. No matter what we do, its going to cost. Discussion

continued. Councilman Noll said that is where we are with 230, its an unsafe structure. The problem is

that we don’t have a landlord/owner that wants to work with us, they’d rather pay fines and we have

to expend money to prove that he lives there, so then codemn the property or we can look into a

Solicitor’s Report(cont.)Page 8

conservatorship and see if that has options, I am not as familiar with it. There is also Act 90 in Pennsylvania

which may give us. I’ve looked at it vaguely, there may be some relief there. The final option is to do

what we are talking about here. So basically we have four options on the table. We have to be very

careful, if there is some grant money for Main Street. A lot of times of you take properties off the

tax roll because they wind up being public housing. We can look at these four options. Discussion

continued. Mr.Malesker said you can get CDBG grants to demo a property, but I think you have to own

the property. Councilman Snyder said maybe we can apply even if we get the conservatorship. Discussion

continued. Councilman Noll said lets look on the conservatorhip and Act 90. Discussion continued.

Mr. Springer said you want a cost benefit analysis on conservatorship, Act 90, and condemnation process,

the lien process. Councilman Noll said if you have some time to look at the conservatorhip and Act 90 as

well. Limit to 3 to 4 hours of legal work. Discussion continued. Councilman Snyder said there was a

consensus of council for Mr. Springer to proceed.

Engineer’s Report

Mr. Malesker said it says in the email that Mr. Danko is close to issuing the permit. That is critical, that

the easement be signed and sent in. Discussion continued.

Mr. Malesker reported nothing new on MS 4.

Mr. Malesker said last year we had comments on the Emergency Action Plan. We made some revisions.

The mayor is okay with the way it is now. We will get it sent in, I’m sure that the first comment, will

be that the basin inspection report was sent in December. Mr. Malesker said there was an animal

burrow on the downstream side of the first basin spillway. That will have to be filled in. Mr.

Malesker asked if trapping is taking place. No one was sure. Mr. Malesker said replacing some

of the joint material, rip rap at the outfall structures, nothing critical. The animal burrow needs to

be taken care of. Dana will contact Jerry Pickel.

Mr. Malesker said as far as the add on lot, we have attached the lengthy comments from York Township.

They used the older ordinance anyway. They are working with us to get it in quickly. If we get

it back to them this week, it will be an action item for January 15th. Seth will be attending that meeting.

We talked about adding the note,extinquishing the easement. That’s on here. The Reidels didn’t like

that, it was going to acknowledge that it exists. The agreement, it shows it will forever be extinquished. I agree

that note should be on there. All the revisions have been put on. Discussion continued. Mr. Malesker said

there is a half size copy of the plan on the engineer’s report. Councilman Snyder asked are we still on

budget? Mr. Malesker said we initially we were hoping to do it at $6,000.00 but I know we are at $8,000.00

now. Because we weren’t anticipating the additional field work. It will probably be at $9,000.00. Councilman

Noll said next year with the MS 4, one of the things they want, are goals that we are doing, projects and

how we execute them. We can use this purchase to show that we are increasing our storm water basin.

It helps us satisfy additional requirements. There are more benefits with buying this land. Mr. Malesker

said we will have a final plan copy after its recorded.

Maintenance ReportPage 9

Mr. Shearer said I am working property maintenance fee letter mailings out with the next week and half.

Mr. Shearer said the 350 truck received some damage backing into the storm drain behind 171 S. Main

in the alley. Did a little damage to exhaust system. The plow hit the manhole cover at the 200 block

of Broad Street. That is being repaired also.

Mr. Shearer said with council approval, we got the email from General Services through the Co Stars

program, March 15th will be the deadline to apply for the 2013-2014 salt agreement. Quantities

expected will be applied at that time. Councilman Snyder said there is a consensus of council to

continue with that program.

The secretary asked Mr. Shearer to check with Dallastown for the use of their trucks and personnel during December’s dredging.

Zoning Officer’s Report

Councilman Noll said there is a list of things from the zoning officer. The zoning permits for 2012 are

in the folder. I did have the opportunity this morning to talk with Patti and Councilman Strausbaugh.

The snow letters have been done in a timely fashion. A sample of this letter has been passed around.

One warning, the second time is a citation of $100.00. She will keep them on file for next year,

she will send them a straight citation if they are in violation. We talked about the garbage can, about

having them out three to four days after pick up by the hauler. It is posted on the garbage cans, again

one warning, second time citation. Moving forward on that. Another thing is Act 190, we are working

on that. We are researching programs on zoning, we need to keep track of stormwater permits as

part of MS 4. We looked at fire house software. I talked to the other municipal managers, there really

isn’t a good software out there. One of their goals, is to have someone talk to us about systems. I’ll

keep you updated. With stormwater stuff, we can use that as one of our achievables for MS 4.

A question that Patti had, do you want her to develop some list of local lawn mowers to give to people

who aren’t mowing their lawns. Any interest? I think it’s a good idea. Councilman Snyder said I don’t

have a problem handing it out, make sure to put a disclaimer on the bottom that the borough doesn’t endorse

and that it may or may not a complete listing. Councilman Noll said it would be put into alphabetical order.

We will review it as a council first.

Councilman Noll said we said at each January, we would look at our town list and zones and indicate

hot button issues for this year. I have three that I think we should look at. First being sidewalks and damage,

and see if anyone could be brought to task on that. Second things, check the entire town for garbage and

debris throughout the town. Final thing is part three, we had a lot of discussion around the council table,

on how to go about, identifying which are the worst problems in the town because there is a lot of

subjectivity. We talked today and this is the way we would like to look forward and this is how you can

become involved. Since everyone at the council table drives through Yoe, ifyou want to submit at the

next meeting, we want you to submit to us, your top ten, fifteen properties that you can see as issues around

town. And note the property address and what you think the issue is. We are going to compile everybody’s

list, if we see the same property on all seven lists, then we have a problem. Regan has a score sheet,

whatever comes out the highest in score, we will go after those first. We’re doing that for several reasons.

Zoning Officer’s Report(cont.)Page 10

One it doesn’t show any bias in anyway. We all have had input and that we score them. The other thing

is we really want to get a list. Because everyone sees different priorities, different areas you live. We

want you not just to look around your property, but code enforcement is the whole town. If you can

bring that next time, then Regan and I will get together get a list together. One of the sessions he

attended, they had a score sheet. So we think that is the way to really first of all, to show Patti

we support her and what she is doing and everybody takes an interest to look around and gives a unified

approach. Nice thing is we all look around. We had an eye opening look around in November. I will

confirm with Patti that this is list for this year if everyone is in agreement. Councilman Allar asked

how the scoring will work? Councilman Noll said we have to look at the score sheet. Guess we could

look at the criteria, I want to consider the whole town. Discussion continued.

A motion was made by Councilman Noll to increase the code enforcement/assistant zoning officer,

Patti Myers per hour cost from $13.00 to $15.00 beginning on January 1, 2013. The motion was

seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said motion carried.

Emergency Management Report

MayorSanford said the quarterly training is scheduled is for January 16th/ January 19th.

Mayor’s Report

Mayor Sanford said the report was passed around. On the police report, we are currently have an excess of

about six service hours at the end of November.

Councilman Noll said how did the resolve the issue with YorkTownship and Red Lion with the hours,

what was the resolution? Mayor Sanford said only indicating that they will be charged for the overage.

Red Lion did give notice at the last meeting, that they will not be renewing their contract. There was

no discussion on this.

Mayor Sanford gave Councilman Snyder correspondence from the census bureau.

Mayor Sanford gave the secretary the acceptance letter/confirmation letter from PEMA.

Secretary’s Report

Councilman Snyder said we received notice about turning in the Christmas trees for their annual

Christmas tree recycling program.

Councilman Snyder said we received the fourth quarter 2012 Yoe Ambulance Report, which

also has the annual figures attached to it, for Station 19 and 36.

Secretary’s Report(cont.)Page 11

Councilman Snyder said we received a contribution of $500.00 from the Red Lion VFW for the

memorial. Thank you was sent out to them. Also along with that, our plight is also being

discussed at the Dallastown American Legion. We may see some funds from them. This is

in response to a new law that the state passed around the July timeframe, which requires all

organizations that have small games of chance to distribute 70% of their funds to non profit

organizations and charitable causes. Information has been sent to Jamie Tyson. She is working

on letters to be sent out to other organizations.

Councilman Snyder said there is card being passed around the table for Connie Stokes.

Councilman Snyder said the secretary is working on the annual reports.

Councilman Snyder said there is a thank you from the secretary.

Unfinished Business

Councilman Snyder said the zoning ordinance update committee met briefly prior to the meeting. For

the two responses received from Urban Research and Development and the Roth Plan. Only one came

in under price. Since the committee determined price being the determining factor. We are moving

on with the one quote. Those meetings are set up for January 28th at 10AM or January 29th at 10AM.

Councilman Noll said do you want to make a copy of this for the MS folder. We had training at the

last municipal managers meeting. I want to bring that along, that we are receiving training. Councilman

Myers asked do you need a certificate? If you do attend a MS 4 training session, you need a record

of attendance. The ones I have been at you’ve received a certificate. Councilman Noll said I’ll

shoot you the meeting minutes.

Councilman Allar said we had a rail trail committee meeting. I mentioned last month about a proposal

for planning. We talked about two options. One is using Keystone which is a 50/50 match. $40,000.00

for the planning. The other option is to go to the county commissioners and ask for shell money.

We might have a better chance of getting shell money. We have a deadline for April for application.

They will be contacting the commissioners. Also Dallastown is coming back into this. It came up

that Debra wants to go back to each municipality for what would our preliminary costs for maintenance

and who is going to hold the easements. Today we had Glen Lohss from the Heritage Rail Trail.

We asked what does average maintenance cost. It works out to be around $1500.00 per mile that

includes trails that are washed out, ridges, high cost items. Based on that cost of maintenance, our

cost would be around $300.00 to $350.00. As to property easements, I am going to through it on

the table, whatever you guys think I’ll take back. Councilman Snyder said wasn’t there discussion

that the rail trail authority be involved. Councilman Allar said here’s the problem with that, I would

like an authority. The authority based, the committee is not at the point. The committee is not going

to put an authority together. Councilman Snyder said the municipality would probably hold their own.

Discussion continued. Councilman Snyder said right now you are asking for our preference, well I

Unfinished Business(cont.)Page 12

went into thinking that we were going to maintain our own. If they want do an authority, and put

into one pot, then I’d do an authority. If they say its going to cost 1.2 million, then I’d back off and

say wait a minute. Councilman Noll said at this point I think they need to get the planning done,

I think that is valuable, to do a study of the planning. I don’t want to get into financial situation.

I would personally like to see an authority, for the long term. Is the county considering itself as

harborchure of these rail trails. Councilman Myers said the rail trail authority is, as partners.

Councilman Noll said they may be interested in this. Discussion continued. Councilman Noll

said I would like to see an authority, I would like to see the plans and to have the county involved.

Councilman Myers said I agree, I would like to see the plan. Councilman Noll said the concensus

has said that we would want to see an authority, that’s all they are asking and go ahead with the

plan and see where it leads. Councilman Allar said I’ll bring that back, that we want to see

an authority and that for maintenance and easement each municipality would keep their own.

New Business

Councilwoman Coble Tyson asked what are we going to do about the chopped tree at the

ball field, what are you going to do with it? Councilman Snyder said he has someone in mind.

Councilman Noll said he was elected President of the York County Municipal Managers.

Councilman Allar asked for a copy of the their minutes. Councilman Noll asked the

secretary to book the park again in August.

Payment of Bills

Councilman Snyder asked if everyone had an opportunity to look over the bill list. Additional

bills: C. S. Davidson: $6970.94, Ecostruction $2315.00 and $30.00 for York County Municipal

Administrators Association. A motion to pay the bill as listed along with the additional bills

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

Councilman Snyder said bills are paid.


A motion was made by Councilman Strausbaugh to adjourn the meeting at 9:26PM. The motion

was seconded by Councilman Snyder. All in favor.