Friday, July 8, 2011

Yoe Borough Council Meeting Minutes June 7, 2011


YOE, PA 17313 Pg. 1

The regular monthly meeting of Yoe Borough Council was held on June 7 ,2011 at the Yoe

Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at

7PM by President of Council Sam Snyder beginning with the Pledge of Allegiance.

Council members in attendance:

Sam Snyder

Tom Allar

George Howett

Wendy Coble Tyson

Jamie Tyson

Barry Myers(arriving after start of meeting)

Seth Noll(arriving after start of meeting)

Others in attendance:

Sandy Sterner, Secretary-Treasurer George Coates, Resident

Dana Shearer, Maintenance Supervisor

Steve Malesker, Engineer

Nicole Ehrhart, Solicitor

John Sanford, Mayor(arriving after start of meeting)


Councilman Snyder said did everyone have an opportunity to look over the minutes from the prior meeting? Any additions or corrections. Councilwoman Coble Tyson asked if the April minutes were

approved? The secretary said they were approved at the continuation of the May 3, 2011 meeting on May 17, 2011 and they have been posted. Councilman Allar said he had two corrections, Sam.

On Page 7, ¼ of the way down on Line 12, That will be matched with DCNR money, which Diane

already talked to DCNR and feels she could get sizeable money from DCNR with the CDBG being our match. If this works out, we’re talking about NOT putting ANY BOROUGH monies into it. Page 16 from the bottom about 1/3 up, line 16 from the bottom, Councilman Allar said the church has the same kind of problem what if we include them with the same PERMIT, not problem. Councilman Snyder said my only concern is, I read this too late, actually reading it today. After page 19, I think we are missing a lot, like a half of a page. All the discussion that we had concerning, under Solicitor’s Report, we had a good bit of discussion on bringing her up to speed from Dave Cook with the Gary Smith property, I have in my notes, even though Cook and Nicole, hold off further action on Gary Smith because we were

discussing since we weren’t going, I remember Seth having a $8000.00 figure to tear down the building.
We decided we didn’t have the money so we weren’t going. Councilman Allar said we were going to

pass on the building. Councilman Snyder said exactly, big discussion about it. Councilman Allar said

it wasn’t so much the money, its just that, the date when the fix is good enough and then you have

inspectors back and so forth, we were going to focus on the house, and Seth was going to be talking to

Dan and get him to start on the paperwork on the house itself. Councilman Snyder said exactly, then

Minutes(cont.) Page 2

I have down email Cook, about the Claycomb, for him to contact Claycomb’s attorney that we want

the entire property, work out an agreement that he can utilize his two lots. That entire discussion

I can’t find in the Solicitor’s Report, but I did follow up with an email to Dave Cook to say, that

we made the motion. The secretary asked I listened to the tape. Councilman Snyder said I read that whole area three times and I can’t find it. The secretary said there was a part where three people

were speaking and I had trouble picking up the tape. The solicitor’s tape wasn’t picked up word for

word, I was advised only to do Visitors word for word, verbatim. I can put in what you want me to

put in if you feel I miss something in the discussion. Councilman Snyder said all I know what I had in my notes, I know I emailed Cook. I exactly what I wrote, in regards to the Gary Smith property,

the tree of course is down, he started work on the shed, while its doubtful this will make the building

fully compliant, we also recognize that council doesn’t have the $6 to $7,000.00 to remove it ourself.

So at this point, the motion was to not pursue further enforcement, we will see how much more he does,

and we can reopen this if we need to. Without going into detail that we are working with Seth and zoning to proceed with further, that whole deal he is working on. The second issue, in regards to the

quiet title issue, council passed a motion that we have you, Dave, contact Claycomb’s attorney, start

negotiations that we want the entire parcel deeded to us, we are then willing to sign an agreement

allowing Claycomb to use that section of land in front of his two parcels for his personal enjoyment

and maintain that area. Tom felt that Claycomb would be okay with that, based on a conversation that

he had. Councilman Allar said I did add that when that may be the most likely scenario, unless taking

all over, I really want Dave to come back with alternatives, I don’t know, there maybe other ways to

do it. Councilman Snyder said yeah, guess that is my whole point, none of that conversation is in the

minutes, I’m just telling you what I wrote to Dave based on my notes. Councilman Coble Tyson said

didn’t we say that she could call him. Councilman Snyder said she also said, she would be making

contact prior to the meeting. Councilwoman Coble Tyson said right, okay. I remembering her saying,

something about contacting him. I don’t. I don’t remember a motion at all regarding that because

she was going to contact, I don’t remember. Solicitor Ehrhart said under my part, I was going to contact

Dave and give you a progressive update what he was working on prior to the meeting. Councilman Snyder said that’s what I wrote down. Its almost we are missing a whole half of the tape, would take up a half hour of a tape. Councilwoman Coble Tyson said would it have been logical that we would have

made a motion regarding the Gary Smith property, until something. Councilman Allar said the one item

Councilman Snyder said yeah, the tree was down, and he didn’t proceed further. We had this big discussion. Nicole was going to follow up on a monthly basis, so we didn’t have to worry about how

it was going to be brought up at the meeting. That whole big discussion isn’t in here, I have two notes, email Cook. Councilman Allar said I remember that too. The secretary said I don’t see a motion in here.

I have listed, on quiet title and the service issues, and get a resolution update on the Gary Smith property to attorney, Attorney Cook will handle. You were going to let Nicole handle it. I don’t see a formal motion to email. There were four tapes and it took me six hours to listen to all the tapes. Councilman Snyder asked the Solicitor, we know there was discussion, I know what I wrote, what I put down, we don’t have it. Basically what happened, the last thing on the Solicitor’s report talks about the conservation easement from Jake, then it stops. Its like we are missing an half hour of the tape. Mr.
Malesker said wasn’t that discussion too when the guy was here about the rail trail. Councilman Snyder said I looked at that too, I looked all over the discussions. Solicitor Ehrhart said if everyone is in agreement of what was discussed now, go ahead and supplement the minutes on what we did. The

Minutes(cont.) Page 3

action that we did didn’t need a formal motion so I don’t think we need a motion, we didn’t do anything inappropriate. But if you want to supplement the discussion, based on the discussion that you are having now, you can do that. Then have the minutes supplemented. The secretary said then it would be an addition to the minutes then? Solicitor Ehrhart said correct, supplement based on what everyone is in agreement based on the discussion. Councilman Snyder said to add in the solicitor report. Just that I was to email Attorney Cook on the quiet title and Gary Smith, and Nicole would be contacting him to bring back updates for the council meeting. We had to have some sort of discussion about it. A motion was

made by Councilman Allar to accept the meeting minutes of May 3, 2011 with the corrections and

additions. The motion was seconded by Councilman Howett. All in favor.


Councilman Snyder said first on the agenda is Courtney Gibbs. Councilman Allar said she’s not here, I’ll be going over that later.

Councilman Snyder said that’s all that was listed on the visitor’s list. Any other visitors that would

like to be recognized? I’m George Coates, I lived at 71 W. Walnut Street, Yoe. I couldn’t find nothing

in the minutes on the blog, about the burn ban, and how you arrived at, that we need to have it.

You need an ½ acre to burn. Everything I looked up, 456 houses in Yoe, 437 are occupied, 51 % are renters, most don’t have an ½ acre of land, I don’t why we have it, is it a big problem. Everyone that I talked to that does burn, we didn’t think it was a problem. We call before we start burning. Are the

fires getting out of hand? I know behind me there were some that would burn at 4 or 5 o’clock in the

morning. As far as that? Councilman Snyder said I can’t necessarily speak for what’s on the website,

I can’t say I honestly say I’ve looked at it, in I don’t know how long. To answer you question, it was

addressed through codification, we just recently went through and recodified all our ordinances,

here is the whole ordinance book, we went from Chapter 1 the whole way through it. That’s when we wanted to make changes to ordinances, update them, change fines and penalties, the whole nine yards.

When the discussion, and this is going back a year maybe even two years, because this was an ongoing process, when we got to the burn ban issue, it was discussed at the council, there are people that don’t

follow the guidelines. I know for one, I have a neighbor that lives two houses up, he burns four foot from his barn. Which of course, we had strict guidelines in there, you know that you are suppose to be

twenty five foot away from any building. Over the years, we had complaints on the smoke from other

residents. And there was discussion about what DEP allows, because people were burning things that they shouldn’t be burning. Like rubber, plastics, and the noxious fumes that were coming off of that.

People that were burning at inopportune times, then we had the issues of the burn bans, how long

burn bans lasted. The discussion came full circle at council. Then we even had one person complain

about fireworks. I’m just telling you how the discussion progressed. Because I was one the instituted

the burn ban system the way it was, back in 1992. The discussion continued, they thought because of the

age and the close proximity to the homes, that it would just be wiser to outlaw it all together. At which point we looked and said, hey look you still have your ornamental fires, you still have your chimneas and stuff like, adjusted and tweaked that you can still allow for that. But basically we took out,

the burn barrels. So that’s the progress of it, and the logic behind. Mr. Coates said that’s okay but

Visitors (cont.) Page 4

everyone have seen and talked to, its forty fifty foot away from the houses. Responsible people are

burning. Councilman Myers said I can assure you, I am the person who goes on those call, there are

very few that responsible. Most of them are up against the houses, most of them are within twenty

feet, most are burning anything but, what they should be burning. Not suppose to be burning any

construction debris. All that kind of stuff. Most recently we just had that up on Walnut Street. For every good person that you saying, we must have three or four people that are not. Two o’clock in the morning

I have to get out of bed, people didn’t put their fire out, the rules are. I don’t like getting out of bed,

because that person is in bed. Everyone has cell phones these days, so they use their cell phone and calls.
Its probably a good thing. Mr. Coates asked is there any chance to revisit that? Anything up for discussion at a later time or? Councilman Snyder said yeah, I think in all honesty, the make up of the

council, there wouldn’t be enough votes to revisit it. Councilwoman Tyson said you can still have a

picnic fire. Mr. Coates said I was burning trees and I had to go and buy a chipper. Councilman Myers said DEP actually don’t want you to burn at all. There actually are on Windsor Township to not

burn at all. They have farms. Mr. Coates said I know other people in other townships and they don’t have a burn ban. I was just wondering why, it was in Yoe. Mr. Shearer said like Barry said its not just

DEP, but the state fire marshal’s office, in conjunction with DEP, the feeling is, especially within this

municipality, that in regard to things that people do burn, there are means to dispose of. I know you

said about trees, up to a certain size of brush, you can bundle that and put it out for the trash. We

have unlimited bag pick up in the borough. We have recycling in the borough. That is just one of those

things, they would rather, the state would rather see us. We are kind of way ahead of this. I think the

next ten years, you are going to see a lot more municipalities fall in line with this, basically they want

to restrict open burning. Mr. Coates said I have had five hours maybe twenty burns. Councilman Myers said it is a pain, I agree but. Mr. Shearer said and there again, if that is an issue that council would like

to address what we ought to look at, instead of allowing the burning, is do some sort of limb pick up.

Larger municipalities do it. May be able to work something out with a neighboring municipality, to

have a pick up for that. One of the biggest problems with this, is that everyone has a cell phone, it does

not matter, you can do everything right, you can call 911, you can have him issue a permit. Someone

drives by, and sees that barrel, and for some reason they are concerned about it, they automatically call 911, the 911 center has a responsibility to dispatch, they have to send somebody out to investigate.

Every time that happens, someone from the fire department has to turn a wheel. So, we get numerous

calls from the whole jurisdiction that we serve for those type of instances. That is one reason that the

state fire marshal’s office is pushing for it, because its becoming a taxing situation on fire department.

We aren’t only going out for true emergencies, but its to investigate every time. It does not matter,

he can be standing there with a garden hose, appropriate distance away, somebody calls, somebody

has to respond. Its one of those things, quick to recycle and things like that, air quality issues. Trust me,

I like a fire as much as anybody, I love a campfire when I go camping, I love to build fires. I understand

where he’s coming from. Mr. Coates said a lot of people like you said had a bon fire. Councilman

Snyder said like I said we do have ornamental fires, not a bon fire. Mr. Coates said whoever does the snow removal does a great job. Do you know who that is? Councilman Snyder said thanks for coming.

A visitor not identified asked I just have a question, if there is an ordinance that people don’t agree with or community would like to have that readdressed, is there a certain procedure for that? A petition, have people sign, to talk about it again? Or certain percentage of the community, we don’t have whole lot

of people that live here, but if we have 4, 000 people, would you need 2,500 if they want something

Visitors(cont.) Page 5

or they don’t want something. Councilman Snyder said to the best of my knowledge, there is nothing in

the Borough Code that specifies how we address it. I can tell you the way that council works it, anytime a citizen brings something like that up. We will revisit the issue. Like in this gentleman’s instance,

if it wouldn’t be that I know the make up of the council, and I know what everyone’s comments were

when we discussed it. The votes aren’t here, that’s not going to happen. If he would bring back a petition, 20, 30, 40 people we want open burning, I guarantee you the council would revisit the issue,

even if we send him away this month, he comes back with a petition that says forty people say we

want to have it. We’ll definitely, we are here to serve the people. We’re tying to make. The visitor said

with landfills and stuff like, there are things that can be recycled, the landfills are filling up and they are really are. There are things that go into the trash that aren’t recyclable. They can’t be burned, so they

go into the landfill as well. Mr. Shearer said every municipality uses the incinerator, so everything is

burned for electricity. Councilman Myers said it actually helps your taxes, the way its set up, it doesn’t seem like it but it does help. The visitor said I wanted to know about the ordinances in the first place, so I was wondering about recycling. Councilman Snyder said we are not infallible and people change, make up of council change, I just found out we may be losing another one. So anytime, I remember

visiting issues that, were talked about twenty years ago on council and the neighbors change in the

area, bring it back up to council again. Another visitor who was not identified asked about when plowing snow and piling it up. Mr. Coates said in my back yard, you can fill it up with snow. Coming

down the hill. The visitor said, our lot is big enough. Mr. Shearer said you are saying, you are in the

green house where the gas company was here, so the snow that I’m bringing down the hill instead of

pushing it off in the corner, you would like me to push past and into your yard. Push past your

curb and into your yard. The visitor said the whole back, there is nothing there. Mr. Shearer said

everyone gets an amount of snow, but probably what’s, the snow that you are referring to that is

mound up, I’m pushing from the upper part of Mason Avenue down. When I push that snow down,

you’d like when I clean out the intersection, that snow that I pushed off to the side, you want to

carry that down a little bit further, passed the bushes. The visitor said the bushes there at the corner there, right there. I am saying where the sign is there, its all open. You can put tons of snow there.

I’m the one that is out there shoveling the snow. Mr. Shearer said I don’t remember, flag me down

then. The visitor said there are a lot of neighbors there, that will help. Councilman Myer said just

remember if we push the snow in there, in the spring there’s going to be, melting. The visitor said I am giving him permission to put it there. Councilman Myers said I just want you to know that. Mr.
Shearer said I don’t have a problem pushing it there, to tell you the truth that will help me, be able to

keep a lot of snow from piling up at the intersection. Generally everybody gets a little bit of snow, if

I had a place to push it off the street. The visitors said in the winter coming around, its like oh God.

Right down from the next corner from us, you know where the drain is right there, no where to

put the snow. Their neighbors I have to look out for them. Mr. Shearer said just remind me, the

little snows it is easier, the bigger snows. The visitor said there is nothing there that will hurt.

Mr. Coates asked did anyone add Paul Deitrick’s name to the memorial? He just died recently.

60 W. Walnut Street. Councilwoman Tyson said from World War II? Mr. Coates said I can find out.

He’s been a Yoe fixture for ever, he knew everybody. Councilwoman Tyson said thanks for giving us that name, if you want to find out more about the memorial, check out our website. Mr. Coates

said I’ve been trying to read through all your flier, somewhere in the flier it gave the wrong information.

Visitors(cont.) Page 6

Councilwoman Tyson asked for the memorial or the blog? Mr. Coates said for the blog. I finally did find it. Councilman Myers said just for your recycle information, we just got this from York County Waste

Authority, their annual report. In 2010, your electric bill by burning your trash, they sold electric for

16.7 million dollars. 2009 it was 16.9. That is a benefit to us, going to incinerator, it comes back to us.

Mr. Coates said thank you for your time. Councilman Snyder said thank you. Any other visitors that

would like to recognized?

Engineer’s Report

Mr. Malesker said start with the impoundment restoration, Flyway finished the 12th of May. They had the punch list, they did address all the items, Tom did sign off on the punch list. The only item that

they did their best, they tried towing that weir plate, they got it down from, it was up 2 ½ inches

approximately, they got it down to where there is about a ½ inch gap. I had circulated those pictures

from 2009 showing that prior to Flyway moving that weir, that there was a gap there. I think since

they put it down where it was before, that should put that to rest. Eric Jordan did send an email

at the end of day yesterday, he closed out the permit. The only comment that he had, is where Jake was

on top when he was doing the maintenance that needed to be seeded and strawed. I talked to Jake today,

he said he did that on the thirteenth of May. So that’s done already. So he sent the close outs for the

permit for that is closed and all the work is done. Given the work is done, Flyway would like to get

paid. I do have their final application for payment to present, Application Payment #3, in the amount

of $12163.45. That will need an motion to approved. Councilman Noll asked and that was the 10%

that we were holding. Mr. Malesker said this includes all retainage, no further retainage after this

payment. A motion was made by Councilman Allar to make the final payment. The motion

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

Mr. Malesker said the last thing I need, is to sign the completion report for the Growing Greener

Grant. Now that Eric Jordan has closed out the permit, now that Flyway is done with the punch list, we can submit for your last 10% of the grant which is closed to the $12,000.00. A motion was made by Councilwoman Tyson to have Sam go ahead and sign the final report for the Growing Greener Grant

application which will allow you to get your final 10% reimbursement. The motion was seconded

by Councilman Allar. All in favor. Councilman Snyder said motion carried. The secretary asked if

we will get a copy. Mr. Malesker said yes.

Mr. Malesker said I did get a phone call from Jake on the wetland mitigation ,he asked that I send him the CAD file. I guess he is going to forward that to Rettew, who will use that for the conservation

easement. I’ll send that to him tomorrow. He said that Tom may have more information. He said

they have issued the notice to proceed, they are working on the permit, they need to have the permit

submitted by June 30 but no physical construction will start until they get that grant extension.

Councilman Allar said that’s right, and its just a well because they are putting the emphasis on the

permit, so they get to a point that they are shovel ready not only that, it encourages them to get the

extension, when other monies become available, county monies, stimulus monies, whatever, for

the rest of application. I have set it up with Jake to work with the President of Rettew so, I assume that will be done. Mr. Malesker said he didn’t mention who it was, he just said Rettew. Councilman Allar said the other people were trying to blow us off. Mr. Malesker said he said he would forward it on.

Engineer’s Report(cont.) Page 7

Councilman Noll said along with that, last month we found out that it was awarded to one contractor, we need to approve that as a council, letting York Township know that we accept the bid. We have to get that information back to York Township, that we agree with the bid. Councilman Allar said it was actually under the amount . A motion was made by Councilman Allar that Yoe Borough approves the

contract awarded by York Township for that project. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said motion carries. Are you going to contact them then?

Councilman Noll said I’ll contact Miller, email him. Councilman Snyder said now understand for Nicole’s benefit. Councilman Allar said once Rettew does the engineering part of it, then the legal aspect is getting it on file. Get with Steve Hovis, he will be getting it into their amended deed or whatever. Nicole will be involved in it, it’s the same easement, the conservation easement. You were waiting for him to get back to you on it. Solicitor Ehrhart said he was getting back to me on the landowner agreement. Councilman Allar said there are two documents. Councilman Snyder said I just wanted to make sure, that its clear.

Mr. Malesker said the MS-4 report is due on the ninth. Sam has signed and notarized the document. Next month I will bring your copy of your report. I am always going to keep the MS-4 stuff in the engineer’s report.

Mr. Malesker said we did find out last month that we were not successful with the H2O grant

application. I am not sure if there is going to be another round. Based on the way the letter was

worded it didn’t sound very favorable. Once the funds were spent it was done. Councilman Snyder

said the letter was from the financing authority. It just said the CFA has committed all the funds,

and will not be approving funding for any additional projects in the foreseeable future. Mr. Malesker said that doesn’t mean that something else won’t come along. Councilman Snyder asked do we want to make a motion for the intern to look for grants that would require a matching portion from the borough to take the place of this H2O grant. It may not be the same terms. We have a million dollar project that

still needs to be done. Councilman Allar said it may be academic, especially on the private side sources.

Councilman Snyder said we can now enlarge her scope by looking further for federal and state funding.

Councilman Allar said the state and federal level is tapped. Giving the limited time of the intern program, with private sources, even that is going to be low probability. Any application is so complicated. Mr. Malesker said if we find a source I can come to you. With the TIP projects, they

are not earmarking for any bridge projects. Mr. Shearer said my recommendation, for the money set aside for the tax increase, we know what that is for. I would like to see us, take that money, so we

have another funding source to work with. Take that money and use it along with liquid fuels, for storm

water, roads and bridges. Two years of that money, we could fix the Church Street. Councilman Snyder said once we have the money, my recommendation is to have the treasurer pull that money out,

set it aside, put it into a CD, call it the infrastructure fund CD. That way its out of the budget, its not part of the beginning balance. We can investigate what our options are. Mr. Malesker said the Mason Avenue bridge is the worse. Councilman Noll made a motion to segregate the money that we had for the

H2O debt reduction in a CD and name the fund the Infrastructure/ Storm water Fund. The motion was

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

Engineer’s Report(cont.) Page 8

Mr. Malesker said I do have the CDBG grants here. These were submitted last Thursday. There are two priorities here. Priority number one is the zoning ordinance update, this application is ranked one of one.

For your construction projects, Mason Avenue bridge is ranked one of three. Philadelphia Street curb and sidewalk is two of three. And Church Street bridge is priority three of three. Copies were given

to the borough. Their schedule on this: June and July is York County Project review committee reviews,

staff recommendations are reviewed by the York County Advisory committee, July: activities selected

for funding at submitted to the three year project plan and advertised, August: applicants with approved

activities are notified, and those receiving 2012 funding are requested to provide detailed budgets.

I don’t know if this will hold, with the federal budget and federal funds going into it. They don’t have their money for this year’s cycle yet. They have some leftover money. They don’t have their 2011 allotment yet. You should know soon. I don’t think its going to be by August.

Solicitor’s Report

Councilman Snyder said because I was expecting the intern girl to be here under visitor, she wasn’t. So to bring everyone up to speed. In the middle month, Tom had brought up an issue of a tax exempt letter

from the Solicitor because of trying to find funding. I contacted Nicole because it went way too quick.
She was to write a letter on our behalf, saying that we were a 501 C3 status for these grants. She talked with Charlie Rausch. I get a phone call back from Tom, don’t do it, they probably won’t accept that

letter. What they really want is a IRS determination letter. In the meantime, Nicole gets back to us on the original request and generated this email which was the government information letter from what she

found out from the IRS. That had two areas in there, yes we can request a determination letter from the IRS. Here is how you do it following this procedure. Or as a special service to government entities, the IRS will issue a government information letter free of charge and included a phone number. I thought

maybe having that letter from the IRS will be all that Tom will need. In the meantime I call that number.

Basically what they were going to do, was the same type of letter that we asked her to do. There is no determination letter for government agencies, because by law you’re tax exempt. However if you want

to apply for a 501 C3 status you can. Let’s assume we are going to do that, will that be in that letter.

She said that information will be in the letter that is being generated as we speak, it will be here within

ten to fourteen business days. I asked her, how much is it going to cost? She said $10,000.00. Councilman Myers asked $10,000.00 just to reclassified? Councilman Snyder said she said it doesn’t matter if you are the City of New York or little Yoe Borough, we have to go through the same process

to determine 501 3C status. Councilman Myers said at the fire company we are a 501 3 C 4, we talked to our accountant. We want to change to a 501 3C. We got a price from the IRS of $895.00. Councilman Snyder said I am just telling you what they told me, it was $10,000.00 for a 501 C3 status. I thought

we need a grant to be able to apply to be able to get grants. Then we got a letter from Caitlyn Meyer from YCDEC, they have a partnership with PEDYC, sub entity of them. They allow them to use their

501 3 C status for your projects. That is good information, pass it on to the intern. She gave all the information, contact information. I called her up, I knew it would be asked what the process here.

They submit your project to them, they have a review board and then will either approve or deny your project to use their status. They don’t want to jeopardize their status, they meet quarterly. No guarantees, and any monies you get they take 10% of it. Because they are administering it. You need to do it for

Solicitor’s Report(cont.) Page 9

individual application. I knew we needed a grant to get this, I called Joiann Galiano up. I asked if

we could amend our application to ask for the monies to apply for 501 3C. She said that was a novel

idea. Deadline was 4PM on Friday. We could not amend what we already did, so it would be a

separate request. So she said, here’s how you do a request. So I put in a request and promptly got on the

phone with Seth, I did feel comfortable with at least notifying Seth. I submitted it on time, a CDBG

request has been filed, its planning application 2 of 2. So it does not interfere with our other application for the planning of the zoning, that was coming in for 2013-14 because we don’t have our comp plan done yet. Put in for 2012, you should know in the August/ September timeline. Councilman Noll said

she found in the grant application criteria, that there is a section for this type of application. Councilman

Snyder said there is under planning, there is an area for requesting money to apply or work with other foundations or agencies. So that’s what I used for the reason of why we need it. The request is for

$10,000.00 for the IRS filing fee. And the other $100.00 is our contribution, if it takes four hours to fill out form. If you don’t like that idea, I feel uncomfortable doing this, because the borough council knows

nothing about this, but we know we are going to discuss this on Tuesday. Part of the application process, you need a resolution. I drafted up a resolution 2011-04, if council doesn’t want to go through with that application we just do not do the resolution. We just don’t look at the application as being complete, it just dies. That is what happened in a course of two days and why it was done. Discussion continued.

Councilman Allar asked did the IRS tell you about filing Form 990? Councilman Snyder said they said that Form 990 forms need filled in. Councilman Allar said I am going to pass out what is typical of what private corporations and foundations are asking for. Before you vote on that, you need to know, once you get this 501 C3, there will also need to be an annual tax return, Form 990. I looked at the one

for the ambulance, there is a 30 page document. There is a cost involved, I wanted everyone to know that before we vote. They want both of these documents. After you get the 501 C3, the form 990 is suppose to go along with it. There will probably be a cost, and its not easy to do. I talked to either on the phone or email, to try to get around this 501 C 3. I checked with our accountant, tax guy and the borough’s association and they basically said, look, if you are really are exempt. You will have time and costs. I tried to get this attorney letter and they said that’s good but a letter from your attorney is a letter

from your attorney, certainly not a third party evaluation for the IRS code. The processing the first cut at the clerical level is check off the box, if you have the attachments, you get that checked off, they don’t read or evaluate anything at that level. You either make the cut at that level or don’t make the cut. So they are pretty ridged about this 5013C and this 990. I have probably have a dozen projects and about

$300,000.00 that the ambulance clubs wants and that’s what we are working on now. That is one reason I didn’t have the intern here unless you want to talk about the ambulance club. Discussion continued.

Councilman Noll said if we approve the resolution we have time to look into, not guaranteed getting the funding but if we do get the funding. Councilman Snyder said the form 990, it’s a tax form. A tax form

has to be filled out by the corporation every year, its going to be a matter of calling the auditor and have them doing it while they are doing the audit, what will it cost. All in the information. The 990 is only really 3 pages, I actually helped audit the fire company’s last year. The reason it gets so complicated is

that you also have to put down there what you do for raising funds, what contributions you get in and how you right that down and keep it separate. Ours is going to look basically like an income tax form.

Discussion continued. A motion was made by Councilman Noll to accept resolution 2011-04, for the 2 of 2 of the planning section of the YCDBG application for 501 3 C status. A motion was seconded by

Councilwoman Tyson. All in favor. Councilman Snyder said so be it resolved. I did turn it over for the

Solicitor’s Report(cont.) Page 10

solicitor for approval and review of verbage.

Engineer’s Report

Mr. Malesker said I didn’t have anything else I didn’t know if the sewer authority got back to you on

the sewer issues.

Councilman Allar said going back to the inspection out there. Flyway gave us a days notice and you called. I was able to get Eric Jordan to come out because I wanted him to do the inspection while we

were all out there. In the email that Steve mentioned was the result of the inspection that took place

when I did my inspection. He did mention about the torn up ground because of dredging. I was out

there today and the grass is growing up fine. They seeded it. Mr. Jordan is going to keep an eye on it. While I was out there I took advantage of the situation and explained the difficulty that we are having doing the dredging, he is okay that we do not need to run the lines the whole way to spillway. We just have to put them over the banks into basin one. Hose that down. We do need to put something down

to dissipate the energy. I think that is going to be a great cost savings and help to Dana. I find Eric to be very reasonable to work it out. Mr. Malesker said he put a note in here, as discussed clean pump by pass to the previously dredged area rather than to the spillway.

Councilman Snyder said I did have one, haven’t heard anything back, originally got an email from Eric on the eighteenth of May with the MOU. Stating that the notice of changes that we signed, last month,

basically asking to meet with us, to go over some the changes he would like to see corrected in it. We did reach out, on the same day. Email from Steve, saying that most of the members of council would be

here tonight so if you have a problem with the MOU come on and show up tonight we can discuss it.

Mr. Malesker said he was talking to Drew in our office, he didn’t respond to that, so I left him a voice mail letting him know when the borough meeting. He told Drew he couldn’t make the meeting tonight, but that he may be able to make the meeting next month. So it’s not a real high priority. He wanted to,

since we did make some changes, he wanted to discuss those changes. Because we are making those changes but it was for the benefit of the borough. I think he wanted to add, since you send that form, to get the authority to issue citations. He wanted to include that, but they could do that anyway. Sounds like he may come to the July meeting, I’m not sure.

Councilman Snyder said everybody might have seen the emails flying back and forth on May 18th.

These concerning the speed humps that I located down in Maryland I was passing that along. After with talking with Dana, it was discussed two years. We already did a traffic study and didn’t qualify up on

those streets. I didn’t remember that. Mr. Shearer said we did the study on Broad Street. That is a dead issue at this point.

Mr. Shearer said I guess we should discuss while Steve is here putting out a bid for replacement of the wearing course on the end of Broad Street. Remember we put a base course there and we wanted it to

settle out. So we want to put a wearing course that will need to be in place by October 15th. So we’re going to get close to the end to where we are able to get bids and award the project. I don’t know if that

Engineer’s Report(cont.) Page 11

is something that Steve to handle, or who you want. Mr. Malesker said that should be less than $10,000.00. What you could bid is the actual placement of the project you could buy the materials through Co Stars. Mr. Shearer said that is what we would do. Mr. Malesker said that way it would

be less than $10,000.00. I think you could just get phone bids. Councilman Snyder said J. W. Paving had given us an excellent price at one time. A motion was made by Councilman Noll to have Dana start to

get bids at this point to see if that will be under $10,000.00 and bring it back to council. A motion was

seconded by Councilman Myers. All in favor. Councilman Snyder said motion passed.

Councilman Snyder said I had received a phone call when Sandy was off around May 27th. There was a message from Matthew Forney who owns the property down at the corner of Broad and Main and he had a complaint from a tenant of sewage leaking through the back yard. I had complaints from someone

on Walnut Street complaining of brown water. I knew the water authority was in there flushing. He said no it was definitely sewage when they went out they saw toilet paper. Knowing we had the work done there and the sewer lateral was repaired I thought, if I remembered correctly the sewer lateral was out front going to the sewer main. There shouldn’t be any sewage in the back yard. I contacted Steve as our

SEO and since it was related to previous work we did, check this out. Steve wrote me back, I did check with the SEO. They only get involved if its an on lot septic system. Mr. Malesker said he called James Holley who contacted Mark Clark. He did say he stopped and talked to the guy and found out it was in the back yard, which is what I told them anyway. We don’t have an as built for the sewer. He said he was going to stop back again. If you see any bills from Holley, that it’s a sewer problem. I haven’t heard

anything back. Councilwoman Tyson asked if the water and sewer were the same problem. Councilman Snyder said they are not, they were two different issues. This is a definite sewage problem, I never heard

anything back. Mr. Malesker said I think what Mark was thinking, this was an issue that they need to call a plumber. Discussion continued. Mr. Shearer said I will call Mark Clark before we pave. The secretary said the sewer authority meets on Thursday, you may want to call them if you feel there is an issue for their agenda.

Councilman Noll said as far as I know Steve and Dana, we should be 100% on the rerouted project on Main Street. Everything has been reconnected, the sidewalks have been repaired, the grass has been reseeded. The plate has been put in at the Boltz house. We have as builts and pictures of the project. If you need anything on that, I can pdf the file. Mr. Malesker said that would be great. Councilman Snyder said I told Adam about that with the MS-4. Councilman Noll said the only thing I wasn’t sure, do we need to get any release from PENN DOT, inspect it, push the issue? Mr. Malesker said you can follow up on the previous emails and say that the work is completed. Mr. Shearer said we had some issues with the Boltz house and the main pipe wasn’t in the box. 147 Main with as wet as it had been, a little bit of flow. It hasn’t flowed in a month and half, that I have noticed. We tied in the line between the Ali and Boltz house with the leader pipe. We got a lot of flow, in front of the Floyd residence, constant. Discussion continued. Mr. Shearer said we are waiting on the bill. Councilman Noll said the only two issues were the final bill and if we needed to give any further guidance via PENN DOT. Mr. Shearer said in a side note, the drain on the upper side of the Floyd residence, a small sink hole developed, we patched it. In that drain there was a pipe, I thought there was where that water flowed into that we are channeling now. When we did the camera work, it was full of rocks, they did a jet wash. They said it was more or less a French drain. That then settled out and filled it with concrete. I will keep an eye on

Engineer’s Report(cont.) Page 12


Solicitor’s Report

Attorney Ehrhart said an update on the wetland mitigation. A request from council to get the form from Jake Romig, the PENN DOT approved form agreement for the Landowner Agreement. It did take awhile for Jake to get that to me, I got it the other day. I put in a phone call to Steve Hovis at York Township. I have not heard back from him. I hope to have a resolution on that for the next meeting.

Attorney Ehrhart said I did email Attorney Cook this morning, just a quick shout out. Do you have any updates for council? And he emailed me back, he is not longer with Griffith Strickler. That the files

were left at the firm and I should contact them. So I’m not sure if borough council had any feed back on

what I should do, there were at least two or three times with David to finish up. I did not talk to him

on how he was going to handle them. What direction? Councilman Myers said what items were they?

Attorney Ehrhart said quiet title action and a zoning appeal and Gary Smith. Councilman Noll said we decided to let Gary Smith issue die. Two issues. A motion was made by Councilman Noll for Attorney Ehrhart to pick up the pieces on the quiet title and the zoning appeal for the Bowser case and get the file

from Griffith Strickler and follow through. The motion was seconded by Councilwoman Tyson. All in favor. Councilman Snyder said motion carried. The secretary gave Attorney Ehrhart what the borough record/paperwork for the Bowser case and the borough file for the quiet title action asking her to copy what needed and return to the borough as they are the borough’s originals. Mr. Malesker said will send the pdf files for all the parcels of the quiet title action to Attorney Ehrhart.

Councilwoman Coble Tyson asked if the resolution came through. Councilman Snyder said that came in your packet last time. Mr. Malesker said the trail head and the CDBG resolutions were last month. Councilwoman Coble Tyson asked if there was somewhere where I can get copies. The secretary said she will make copies for her.

Councilman Myers said I noticed there are liens that the sewer authority had done. When their houses get sheriffed or whoever buys it, do they have satisfy those liens. Attorney Ehrhart said municipal liens are on the high end of the priority chain, if there are fund available. Councilman Myers said do they try to buy the mortgage too? Mr. Ehrhart said there is a sale in September I believe where the buyer takes

all the liens, and in the spring there is a free and clear sale with all mortgages and liens are gone.

Councilman Snyder said I noticed on the maintenance report. The list of late property maintenance fees.

If they don’t pay on a certain time, they are in abeyance of the ordinance then they have to pay a reinstatement fee to get it back. This is the first time under this new ordinance, so we were going to

be discussing it under maintenance anyways. Councilman Snyder said do I have a motion that if Dana

needs advice for guidance on how to write this notice/letter to contact Nicole and go over the proper sections and work out a draft letter for this property maintenance. Now we have a reinstatement fee.

If needs help I want him to feel free and I want her to know about it. To run it by her to see if she approves this. This may be forthcoming. A motion was made by Councilman Allar for Dana to work

Solicitor’s Report(cont.) Page 13

with the solicitor if the need arises for these enforcement notices. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. This is something that we want him to have a standardized form because it’s the first time doing it with the new ordinance.

Tell the sections that you are citing.

Maintenance Report

Mr. Shearer said I will follow up with the property maintenance letters/reports.

Mr. Shearer said we did have some damage with a small tree at the park over by horse shoe pit.

I took the whole tree down. I rented a stump grinder and took care of the stump. Get back and reseed that area and get the brush cleaned up. We had another tree limb in the rear of the building that came down unto the roof. There appears to be no roof damage. Its hanging right now, I have area roped off.

Working with Barry to get the guy in to get that down.

Mr. Shearer said getting caught up with the mowing and weed eating. We are working on the dam.

The work crew had about 28 man hours, starting to be fairly regular. Right now we are getting two days a week. Wednesday will go away at some point. I also have another gentleman who has 75 hours to do.

I am going to have him five hours a day. Get caught up on a lot of little things. I even going go to attempt crack sealing.

Mr. Shearer said I did order $300.00 of tires from Brooks Huff for the cub cadet. The front tires are pretty well shot, the back tires are pretty good. I do use community service people on that. I ordered them.

Mr. Shearer asked if Councilman Noll could see if he could get a box of tiles to replace the water stains in the council room. We have one issue, I have a drainage problem and I have to build up some rolled curb along the driveway that goes back to the ball field. Gets water to the back of the building during the

real hard rains.

Mr. Shearer said he will on vacation July 1, 5th and half a day July 6th. July 4th is a paid holiday.

Councilman Noll asked if he received the copies of the property maintenance code. Mr. Shearer said yes I did, Sandy has one and Dan got one too. Mr. Shearer said he needs the fire code book. Because some the property maintenance code references the fire code. Councilman Noll said I will see if I can get you a copy.

Councilman Snyder said just as a reminder, to work on that letter ASAP because we gave them a deadline we want to get that off to them real quick. We gave them sixty days/or ninety days, we need to get out these enforcement notices. Mr. Shearer said that will be an afternoon project, on Thursday or Friday.

Councilwoman Tyson said until the quiet title is finished the bank on Pennsylvania Avenue is that going to be not be mowed. Mr. Shearer said if you want me to take care of that, as matter of fact when I have

Maintenance Report(cont.) Page 14

mower from Red Lion I wanted to go along the creek there. Councilman Snyder said set it up on a schedule. Mr. Shearer said when we are on way to the dam we can stop there.

Councilman Myers said Dana did training for a seminar for equipment operator.

Zoning Officer’s Report

Councilman Noll said for the month of May there were 20 miles and three hours. He has five things shown here, inspect parking area at 250 S. Main Street, work without permit for 332 S. Elm Street,

Strobeck’s Auto Sales on permit requirements, 77 W. Walnut Street infiltration pit check that,

letters written for 61-69 W. Pennsylvania Avenue, check on Richardson property, check on Yoe Auto Parts. Copies of correspondence and letters are in the folder. Councilman Allar asked how did your meeting go with Dan? Councilman Noll said I am trying to get with him since my vacation, I am

going to get with him next week. Councilwoman Coble Tyson asked do we have a listing of properties that have business licenses? I am asking about a property on 93 West Pennsylvania. Councilman Snyder

said he would have that in his file cabinet, he would look it up. Councilman Allar said the county is talking about West Nile Virus, I do not know if that is appropriate for Dan when he is out and about on identifying standing water. Councilman Myers said give a call to Tom Smith, he actually new about a problem on Water Street. Councilman Noll said it can be mentioned to Dan also. Councilman Myers said I would just call Tom Smith. Councilman Snyder said it falls in line with our vector control.

EMA Report

Mayor Sanford said no report.

Mayor Sanford said I have been taking some webinars, the last one was dealing with filing of reports.

Mayor’s Report

Mayor Sanford said you have my report I distributed.

Mayor Sanford said I did attend the YACOG meeting on May 31st. I have a copy of the information and agenda. There were a lot of people in attendance. It was disbanded due to lack of attendance over the years. Yoe Borough will received 2% of the remaining treasury, two bills yet to be paid for around $60.00. So sixty dollars off of around $1713.00.

Mayor Sanford said I did some research on the police report from last month. I have those figures available, I’ll put my email from Tracy Fleming in the file for your review. The charges were legitimate.

The service hours totaled 80.5 hours for last month. They did a couple speed details unknown to me.

A fire and drug investigation that ran it up. I have a complete list of all the hours the officers call in.

Mayor’s Report(cont.) Page 15

Councilman Snyder said following up with street sweeping that occurred previously, citations were issued for parking. And it was noted on the parking citation, that they were only charged $10.00 for

their parking violation. I scanned in the front and back of one of them, along with our ordinance where we just updated it, and sent it on to the mayor and said did they not print new books. Did they not pick up on this? Mayor Sanford said they have the disc, somebody has the disc, they are relatively sure. It didn’t get to the right person at the right time. So these tickets will remain as charged. They are working at getting that information into the car computers. Making notification via roll call until all the platoons

are notified that there is a structure change. Sgt. Varner said he will notify me when that is completed but its going to take time to go through the whole cycle. Councilman Snyder said they are aware that

we update fines and penalties. Mayor Sanford said they are now. Councilman Snyder said is there going to be an issue, are they going to reprint the tickets. Mayor Sanford said I gave them permission that they

can strike and indicate the new price beside it until such time these are reprinted. Councilwoman Coble Tyson said they can initial beside the change. Councilman Snyder said they will keep you up to date.

Mayor Sanford said they are suppose to.

Secretary’s Report

The secretary reported that the office will be closed June 24th.

Councilman Snyder said we did receive an invoice from Hemler Control based on complaints that we dealt with last month on the cats. It was there for three days and picked up one cat. It was $88.00 for that invoice.

Councilman Snyder said we did receive a proposal from Stambaugh Ness for the audit for the next three years. For 2011 $6400.00, in 2010 it was $6400.00, 2012 it is $6500.00 and 2013 $66.00.00. It offers unlimited telephone calls at no charge for questions or assistance with accounting or recording matters.

That may be one of those accounting matters for the 990. It’s a fixed price agreement, no cost for annual payroll seminars and the weekly newsletter. To conduct the annual audit and to prepare the DCED

GS30 report. Do closing entries, communications and advertise. Councilman Allar asked when was the last time we re bid this? That is about $20,000.00? Councilman Snyder said we changed the last contract, this is the first renewal. They were lower than what we had previously had from bidders. A motion was made by Councilman Allar to accept the bids for three years, 2011, 2012, and 2013 from Stambaugh Ness, PC to complete the audits for those years. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said for everyone’s peruse York Township sent us an official map and asking for comments from the local municipalities. That map is attached. We will have it out on the table. They are identifying parks and rail trails. Goes through highlights on the map. Mr. Shearer said there are a lot of roadway changes that they have identified.

Councilman Snyder said York County Borough’s Association will have their quarterly meeting on June

23, 2011 at 6:30PM at the William Kain Park, Lake Redman Bass Pavilion. Cost is $12.00 a person.

Please RSVP by 6/16/2011. Let Sandy know if you’d like to attend.

Unfinished Business Page 16

Councilman Snyder said we did have our meeting which is part of the minutes for the reconvened meeting of last month. Lindsey Gerner of YCPC did generate a copy of what the highlights of what we agreed to at the meeting. There will be on more meetings. That was the end and contract finished was as of June 1st. I haven’t heard anything this week, from him or her that they didn’t make the changes. I haven’t heard about coming back. Everything that we said was discussed, was sent out, we don’t know how it was incorporated.

Councilman Snyder said we renewed our insurance package from Kocman which is due June 1st.

The actual rates at $29283.00. $8370.00 for CNA for the liability portion, $20913.00 for EMC for workmen’s compensation. That is nine thousand six hundred some odd dollar reduction from last year.

This was highly questioned by Sandy and myself. Last year we were charged an extra premium of $11, 000.00 because they updated the fire company’s first run status. We questioned why it is down from last year? To make sure, they doubled checked, to make sure they were using the right figures. We wanted to make sure they didn’t rip us off last year and charge us too much. Yes, everything is correct, last year was 1.70 rate factor, this year is 1.0 factor. With the increase of population it is still down.

New Business

Councilman Myers asked on history buff? This property if I remember right, we bought this property, we couldn’t buy it eminent domain, because it was backed on taxes. Councilman Snyder said when I got

on council, the zoning hearing board met at the fire hall. Councilman Myers said I thought we found out that the person was behind on school and local tax. Councilman Snyder said the easiest way, I located about every deed I could, I have it in an envelope in the safe. I located the incorporation papers. The secretary said I can look for it. Councilman Myers said I thought we did, I want to know how we got this. That is something that the minutes can do for this property.

Payment of Bills

Councilman Snyder said I had an issue with one, for $8.94. The secretary said that was for freight. They didn’t send me the bill that included the freight. I paid the parts without the freight. A motion was made by Councilman Howett to pay the bills as listed. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said bills paid.


A motion was made by Councilwoman Tyson to adjourn the meeting at 9:49PM. The motion was seconded by Councilwoman Coble Tyson. All in favor.