Wednesday, August 3, 2011

Yoe Borough Minutes July 5, 2011



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on July 5, 2011 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7PM by Council President Sam Snyder beginning with the Pledge of


Council in attendance:

Sam Snyder

Tom Allar

Barry Myers

Jamie Tyson

Wendy Coble Tyson

Others in attendance:

Sandy Sterner, Secretary-Treasurer Carla Reachard, Resident

Steve Malesker, Engineer

Nicole Ehrhart, Solicitor

Councilman Snyder said let the record reflect that as we are starting the meeting we do have a quorum. If someone has to leave prior to that, we just have to make notes in the minutes, we can’t do official business unless someone else would shows up.


Councilman Snyder asked if there are any additions or corrections to the June minutes.

Councilwoman Coble Tyson noted that there were typos. A motion was made by Councilwoman Coble Tyson made a motion to accept the minutes for June meeting as presented. The motion was seconded by Councilman Allar. All in favor.


Councilman Snyder said let the record reflect that there are no visitors.

Engineer’s Report

Mr. Malesker said at last meeting we signed the completion report for the Growing

Greener grant, that has been submitted. Here is the borough copy.

Mr. Malesker said as far as the wetland mitigation report I haven’t heard anything, I haven’t talked to Jake. We sent him the CAD files. Councilman Allar said I’m sure he has sent the material to Rettew. Until he tells me, that DEP needs that. I don’t think its

Engineer’s Report(cont.) Page 2

going to take very long, then to get it to Steve, to amend the deed. The secretary asked Councilman Allar to remind Jake that the progress reports to DEP are due by July 15th.

Councilman Allar said there won’t be anything on it. The secretary said that is what she said, he’s still suppose to fill it out. And he hadn’t done it for the Tyler Run project, and I would like to keep in good relations with DEP, correct? Councilman Allar said he will remind him that its due on July 15th. The secretary said she still said at the meeting that a progress report with zeros is fine with her, she wanted to have that as part of the record.

Mr. Malesker said the MS 4 report was due on June 9th. That was submitted to DEP.

Here is the borough’s copy of the MS 4 report.

Mr. Malesker said no word yet on the CDBG applications. According to their schedule

this month they are reviewing them, you should know in August for the 2012 projects.

I am not sure if they are going to be able to keep that schedule. Councilman Allar said

they are not going to know from HUD. Mr. Malesker said because of that delay they aren’t going to know, I don’t think they got the money for this year projects. That decision is probably going to be delayed a little bit. Councilman Snyder said while we are talking about the CDBG grants,for council purpose and for Steve. We did submit our letter and a copy of the resolution for that extra CDBG grant that we put in for the IRS

filing fee. On June 17th, we did receive the letter from the IRS that we spoke about at the

last meeting. Basically we could send along with grants, saying we don’t have a rule from IRS because its not needed for the municipality. But like we discussed, they probably

won’t accept it anyways. There are instructions on there on how we go about filing for

that 501 (3) (c) once we find out if we get the grant money. Councilman Allar said there isn’t anything on there about the $10,000.00. Councilman Snyder said no, it just says on there to follow the regulations. Councilman Allar asked if there was other paperwork with this, an application? Councilman Snyder said no, it says see revenue procedure,

2003-12, 2003-01, that’s where it talks about the filing fees and stuff. About how to go about getting your tax exempt status. I found that out because I called them.

Mr. Malesker said I didn’t have anything in my engineer’s report but I will go over this anyway. In March the York County Board of Commissioners approved their integrated water resource plan which included the Act 167 plan. As part of that plan, all York County municipalities must adopt their storm water management ordinance, in accordance with that plan. That has to be adopted by October 13. What I have I just

one copy, is their suggested model storm water management ordinance. Our comments

regarding proposed changes that should be made then actually the ordinance that we came up with based on the changes to the model ordinance. If you want to look at this, or pass it around. Councilman Snyder said the solicitor needs to be. My thought process is

that the solicitor looks this over, what their comments are. You know what the boiler plate is going to say, you look at their comments and then look at what they wrote in conjunction with their comments and then see if you from a legal standpoint have any

problems with. At that point, they’ve already drafted the ordinance so we can, as

Engineer’s Report(cont.) Page 3

long as you are okay with it, we can just. Mr. Malesker said the only thing, this is a general ordinance, so it doesn’t reference your specific sections of your existing

storm water ordinance. That is something that could be changed but DEP isn’t real concerned about that, they’re just looking for the date the resolution was adopted.

That is all stuff that can be done, make sure that it is correct. Solicitor Ehrhart said

so you dropped this model ordinance, a general stand alone ordinance. Mr. Malesker said they have the model ordinance that they wanted, we just modified that according to those recommendations on there, as far as specific section numbers, most of the storm

water ordinances that we are familiar with are incorporated then. That we recommend.

The date is October 13th, so there is some time. Councilman Snyder said we would need your comments back by August, Nicole, so we could make the determination to advertise

at the August meeting to adopt by September, so if there is a problem in there, that only

gives us a month to make the changes. The worse that would happen was to adopt it in October. Mr. Malesker said you can make it into a word document, depending who is going to make those changes. If you marked it up. The secretary said the solicitor will be in charge of advertising.

Mr. Malesker said we have the MOU comments I did attach the first email that came back after the last meeting. He is on vacation until Friday. I didn’t have a chance to touch base with him. I don’t have any issues on what he is proposing. The biggest item is since the original submission of the MOU, they now have a level 3 jurisdiction or delegation, so they can issue, they now have the authority to initiate enforcement action. So that is change, that is something that they wanted but since you already had signed and submitted, they go that designation after you had submitted, they definitely want that

included. Responded to some of the things that we deleted. One of the things that they had in there, we deleted the Conservation District being involved with the building permit process. Councilman Snyder said my thinking is, if the engineer is satisfied with those comments, since they’ve been changed so many times, let you do the changes make sure they meeting with our, you know what he wants and what he doesn’t want. Just have the engineer prepare the MOU for the next meeting, then we will sign the MOU. Is everyone is agreement with that? There is a consensus of council for you to make those changes.

Mr. Malesker said there is no reason to set up a meeting then with the borough? Councilman Snyder said no, I think the only thing you need to do is re do the MOU based on your conversation with him, get it to him. Say, is there anything else? Half of that stuff

doesn’t even apply to us. Okay, there is a consensus of council for you to go ahead and make those changes. Mr. Malesker said okay.

Mr. Malesker said I want to mention the York Revolution game on July 19th. I sent out that email. I am not sure if you RSVP’d yet, if you haven’t I can let them know.

Councilman Tyson said thank you very much for your offer. Mr. Malesker said all food and drinks are included. We will be sharing the sky box with the Dallastown Yoe Water Authority. There is room for spouses or friends.

Engineer’s Report(cont.) Page 4

Councilman Snyder said other items for the engineer. We did receive a memorandum from the York County Municipal Officials concerning a hazardous mitigation grant

opportunity. They are asking us if we would like to participate in this. Evidently there is extra monies or funds from the state hazardous mitigation grant program. The reason they are planning to put in for it, the last time the current York County plan was approved was in 2008, PEMA and FEMA require that, that plan be updated every five years. So there

are planning on going in for monies, they are asking for our cooperation in that,

does council want to participate in that? Councilman Allar said there are several things

involved. A motion was made by Councilman Allar to participate in that planning process from the HMGP agreement. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Mr. Malesker said one thing, that this reminded me of, there was that FEMA. This letter came out after our last meeting.

The meeting was in York on June 29th. Ben Baltozer did go to that from C. S. Davidson.

I sent out an email this afternoon. Unfortunately it wasn’t a good presentation. We sent in some questions for clarification. I’ll keep you posted on any responses. He has a couple pages worth of stuff. Councilman Snyder said I figured we wait until we got answers back and do it at one time. Basically it had to do with the mapping and overlay.

Councilman Snyder said we did received from York County Planning, the adopted amendments to the comprehensive plan updating growth management map contained

in the plan and replacing the 2003 water resources plan with a new water resources plan.

We can put that in as our official copy.

Councilman Snyder said we had already passed the visitors but would you like to be recognized.


Carla Reachard of 56 N. Main Street said I was here about nine months ago, I had some concerns about the Smith property. Mainly it was the tree and his shed and also his

residence itself. The tree has been cut back and I thank you for that. I feel much safer.

The shed he has been working on. I still have concerns about the house itself. Its very,

very horrible looking. Animals still over and around there, pigeons upstairs. They are traveling around my house and neighbors. The paint is chipped, I am concerned about

lead. The whole house is chipping paint and its falling down on my side and the other side. I am thinking about my children and the other children that may walk through it.

Its horrible to look at. I didn’t know if there was anything going on with that, or if anything can be done with peeling paint, animals digging and pigeons are everywhere.

Any updates or anything else? Councilman Snyder said what I can tell you, the tree is down, the shed, council has decided to back down on enforcement on that because

he was and still is making progress a little bit at a time and it was going, it estimated that it was going to cost for the borough to come in and take it down or rip it down it would cost around $5,000 to $6,000.00. If he was showing progress, if he just needs a little

Visitors(cont.) Page 5

nudge now and then to keep him going, he is working with us. The pigeon shoot is still on going, we have an open contract with our wildlife enforcement officer, I think it’s a $500.00 amount includes a 25 pigeon count. He was around ten pigeons. Councilman Allar said I’ll contact him again. Ms. Reachard said he parks in my driveway when he was there, I haven’t seen him for months. I counted sixteen pigeons between the houses.

Councilman Snyder said so he had the authority to come in and remove up to twenty five pigeons at this point. As far as the other issue that you described. We have a list of other properties, we have identified problems that we have in town with enforcement. We actually came up with a plan three months ago so that its not construed that we are picking on particular property owner because the way we were originally set up,

just to go on complaint basis. If you only complain about one neighbor, it can be construed that you are picking on him arbitrarily or unjustly. So what we decided to do, because we do have a problem throughout town is to get with the zoning officer, we came up with a plan, we designated the borough into seven zones and we, last month, Seth Noll who isn’t here tonight met with the zoning officer to go over the plan and the zones to see what he can come up with for enforcement. He is not here to give us an update that but we are aware of the situation and hopefully be on a proactive approach. I do know one meeting took place and Diane was there, we need to wait for Seth to come back and give us a report.

Solicitor’s Report

Solicitor Ehrhart said I was working on the wetland mitigation, the agreement template that came from PENN DOT from Jake. I sent over to Steve Hovis earlier in the month.

I did follow up with him, I haven’t heard back from York Township, he was suppose

to be taking it to their meeting. He has also volunteered to prepare the agreement for responsibility of the two municipalities as well.

Councilman Snyder asked did you hear anything over at Griffith Strickler, about the quiet title and? Solicitor Ehrhart said I’m still working on it, I got bounced to Attorney Caulkins. Pete is back in the office, but not all the time. He left a message for Pete to call me. To let us know what his quiet title file was, something was started. I’m waiting for

that call. I will continue to push that ahead as much as I can. Councilman Allar said you have what we have? Solicitor Ehrhart said on the quiet title no. The secretary said I gave

her the file on the quiet title last month. I gave you the manila folder. I never got anything

final from the attorney. Reiterate the fact that Attorney Cook was working on that.

Solicitor Ehrhart said I told Attorney Caulkins that there was some trouble with one or two service issues. That is where we are at in the process. Councilman Allar and Snyder said he made a response, to that response. Of one of the people who was served. Councilman Allar said he is only concerned about the piece of property directly in front of his property. Dustin Claycomb, the defendant. For our purposes we don’t really care about. I think there is a deal to be made, on how we can take over the property, have an easement. Councilman Snyder said there about seventeen property owners and he is the

only one that filed a judgment. He filed a response, we aren’t sure if there was a response

Solicitor’s Report(cont.) Page 6

on our end. Attorney Ehrhart said we should get in contact with him to settle.
Councilman Allar said its not that formal. His lawyer may not be aware of the conversation. He does not want the whole property. Councilman Snyder said the

idea was, can we still do the quiet title on the entire property and then work out some sort of an easement with him that he can utilize. The secretary said Attorney Cook said he had trouble serving because of change of ownership. I do not know if everyone is served or not. Councilman Allar said if he served who he believed was to be served, the legal owner, he should be. Councilman Snyder said it was an owner who was an LLC, they had the wrong owners of the LLC and it came back. He said that it wouldn’t matter, because service would be good for the ones that didn’t file a claim. The only ones we would have to worry about was Dustin and the other one or two that are still outstanding, that service

will have to be given again. That is something I don’t know if Pete is going to be able to help you with anyways, you actually have to get a hold of the file, Pete is going to be coming into it cold. Attorney Ehrhart said I have the correspondence of those successfully served and little bit of correspondence, to the answer that was filed by Claycomb. The secretary said I never got a copy of the complaint. Solicitor Ehrhart will get an update.

Councilman Snyder said you’re not going to know about the zoning issue, the Bowser issue. Councilman Allar said on the Bowser thing, Bowser is not the property owner.

He sold the property. The secretary said Michael Shertzer is the property owner.

Councilman Allar said he was going to represent them, try to get zoning matters by the zoning hearing board, the rule was against him, he didn’t appeal in the allotted amount

of time. Councilman Snyder said it was the other way around, he actually won, we thought, we are fighting the zoning hearing board ruling, to grant the variances.

We are saying there is no hardship. Councilman Allar said we filed and he failed to file back. Councilman Snyder said once we filed our appeal, that is when Pete started to

get sick and between the two lawyers, they were granting each other extension on, you don’t have to file in thirty days. That’s been going on for years. Councilman Allar said the bottom line Nicole is, we haven’t gotten anything back for all this time. From Bowser or the property owner, this could be a completely dead issue. So you have to be careful that you may create a problem that is not there, stir up something if there is someway

we could just bury this thing and why spend legal fees, when there is no one really

pushing this. Attorney Ehrhart said that was my thought process, I think that was what Attorney Cook was doing as well. The thought was the other side wasn’t pushing to file a brief that he was going to let it lay dormant until Pete came back. Councilman Allar said if there is some way you can close it out, then close it out. Councilman Snyder said we’re

the plaintiffs here. It’s a matter of does the council just want to walk away for it. He had already got his variance. Attorney Ehrhart said and its been dormant this long, my only

understanding from hearing discussion and my discussion with David, if you want to push it, you can file your brief and trigger that response that would stir everything up or

the defendant could say now its time, I want you to file the brief, and motion the court to file the brief or petition the court to appeal. It has been dormant, I think its been dormant

Solicitor’s Report(cont.) Page 7

because the attorney on the other side has been granting extensions as well. Councilman
Snyder said he’s been giving extensions because I think he know he is probably going

to lose. Councilman Allar said we have to file the extension with him. Councilman Snyder said Pete requested it and he gave it. Councilman Allar said that was a year ago.

Attorney Ehrhart said you don’t have to file anything formally for an extension, it’s a kind of good faith. I don’t know how long the extension can be, but its been almost

a year. Two years for inactivity in a civil case. Councilman Snyder said you need to push this and get the ball rolling. Councilman Allar said what are we getting out of this,

caused any of the neighbors any harm. You are talking at least $5,000.00 to get it done.

Councilman Snyder said at the time, its like anything else, pick or choose, turn a blind eye on your ordinances and enforce it. That was an accident waiting to happen. The one thing that I didn’t like about it was, the whole question became what can you do to remedy it. I don’t think you could sell the property, short of tearing it down, which would be a remedy. It was built within the site triangle because there was an alley way that wasn’t abandoned by the borough. Mr. Naylor decided it was abandoned, he got the neighbor to do a plot title on it and the deed came up, you didn’t put us on notice.

That is valid alley there. The house was already built, the house was built five foot too tall. He goes in and says he was building a duplex, built it with one twelve foot driveway,

one apron and then as soon as he builds it, one week later he goes in for these variances.

I have a pre existing non conformity, now I want to see these two individual houses.

So now, he has a four foot driveway, a four foot driveway, crossing the property lines, the driveway doesn’t meet our ordinance, the entrance doesn’t meet the ordinance. He never put in the two separate storm water units, because its one going across both property lines and this is going to be a nightmare, when a property owner comes up, its just a matter of time. It’s a can worms waiting to happen. That is why we appeal it, because he should

have never got the variance in the first place. The reason he got the variances was because he was on the zoning hearing board and the people knew him, they thought

he knew what he was talking about. As soon as he was granted the variances, appealed it.

I think that is why he was so willing to grant these extensions because he knows those

variances are coming back. The work is already done. The question became what is a good remedy here, is the borough again, just like sidewalks and everything else, do we turn a blind eye again and let someone get away with it and we deal with it when it becomes a problem. Eventually you are going to have a property owner come in here and say, this person isn’t maintaining his side of the driveway, now I am having a flooding problem because we have one continual thing, I just know we are going to get into a problem with this, well. In all honesty, that is one thing we never got to at the very beginning. What is the remedy for this? This is one thing I do remember, one of the variances that he got for that driveway, he put in after the fact. That driveway wasn’t even installed at that time. When he got this variance. Matter of fact we filed our appeal. You created this mess, if it takes $100,000.00 to take it. The Shertzer guy had an agreement with Todd Bowser that he was secure all these variances before the sale went through. He secured the variances, the sale went through, then Shertzer finds out we are appealing. Shertzer is the one that ends up on the short end of the stick. Councilman Allar

Solicitor’s Report(cont.) Page 8

said Bowser is out of this. Councilman Snyder said we are using Bowser, that’s the appeal we are appealing. The Bowser variances. We have a legitimate case here.

Our appeal is against the Todd Bowser and Zoning Hearing Board. Discussion continued.

Councilman Snyder said it’s a matter of finding out where the case is, you use your judicial knowledge and recommend what the remedy is. Councilman Allar said find out what it costs. Attorney Ehrhart said I do not know what correspondence Attorney Cook made. Councilman Snyder said this whole thing came up last month. Seth made the comment, that Pete failed to make some response and the issue is dead. I don’t know.

That is the whole thing, find out where we are on this case. Discussion continued.

Councilman Myers said Dana has a meeting tomorrow with Code Administrators concerning the rental property down behind the fire company. On violations, he may be contacting you. Solicitor Ehrhart said he did contact me last week, it was late in the day.

Councilman Myers said he wants me to be there, because of the fire company. He wants me there for the fire side of it. I have to call him, I have a meeting tomorrow. Councilman Snyder said he sent them a six page violation notice, he is thinking of condemning the

building. He wanted to get with Nicole on that. Did he get with you, I only see one thing here, still writing the letters on the delinquent property owners who have not filed their filing fee. Has he gotten with you yet. Solicitor Ehrhart said I believe that’s what he was calling me about. Councilman Snyder said was it that and the Craig Lehman issue. Solicitor Ehrhart said it was just a voice mail and he said something about reviewing letters. Councilman Snyder said his letter was dated March 22 and was up in June, the same way with these delinquent property owners with the rental inspections, that timeframe was up. The secretary said the letters went out April 1. Councilman Snyder said they had sixty days, are there any problems with these letters coming out in sixty or ninety days. They gave them sixty days notice. No enforcement has taken place yet.

Solicitor Ehrhart said that is no problem. Discussion continued.

Councilman Myers asked how are we going to do the ones that say that we are not renting it but someone lives there? We changed that ordinance. Councilman Snyder said we changed it now, its considered a rental property. The way its written, if it’s a non

owner occupied structure, its considered a rental. Councilman Myers what happens when the owner occupies part of the structure, the other part is an apartment. Councilman

Snyder said then that is consider, you don’t have to receive remuneration for that to be

considered an apartment. If you have a structure and its being occupied, and it’s a non owner, that is considered a rental. Discussion continued. Councilman Allar asked if the garage has been inspected yet by Dana? The secretary said they received a use and occupancy permit from Codes but not sure if Dana inspected it yet this year. Councilman Allar asked if Dana is inspecting the hydraulic lifts? Councilman Myers said you have to be certified to inspect hydraulic lifts. Councilman Allar said we have to be sure, our names is going to be on an inspection. The inspection will be on a document.

Councilman Myers said its no different than an elevator. Councilman Snyder said his inspection is for the property maintenance inspection. Councilman Allar said I think

if you look at it. Councilman Snyder said we asked Dana this question before, he said

Solicitor’s Report(cont.) Page 9

it wasn’t an issue. Councilman Allar said when I asked him, if he takes someone with him, then its going to be a cost. Just like the body shop, where you paint. Which requires certain exhaust, certain masks, stuff like that. Councilman Snyder said if we find that its

costing us five, six hundred to inspect, then we up the fee on commercial to cover costs.

Maintenance Report

Councilman Snyder said everyone had an opportunity to read over Dana’s maintenance report, any questions or comments that Barry needs to take back to him.

Councilwoman Tyson said the hill in front of my Mom’s house looks great. Good job.

Councilman Myers said I told him to get some help, he was getting backed up with

the retention pond. Councilman Snyder said you work with him Barry, you know what

needs to be done. If he is falling behind, he needs to let us know. We are coming up

on mid year. Things like these enforcement notices, sending out for the monies for

the rental inspection. Maybe we can get ARD people in here to help with any administrative work. Discussion continued. Councilman Myers said I don’t want him getting behind on the administrative side and the second thing is I don’t want him

getting hurt up there especially at the retention pond. Councilman Snyder said we can’t afford him getting hurt, being by himself up there. Councilman Myers said I did call

Scott one night, I want you to come down and help him. I told him the biggest thing

is communication, if you need help we need to know about it. He has pride in his work, he doesn’t want to say he has an issue. You have to ask for help. If he is worried about the budget, the bottom line is, you have to get the bills out to get the money in.

Discussion continued. Councilman Myers said I’d rather see the part time person out here mowing and you doing your inspections. Luckily with Scott, he works 24 on and 48 off.

Councilman Allar said the homeowner on the corner of Mason Alley and George Street,

the southeast corner as you pull into Mason Alley from George, the house on the left.

He says that the storm drain on George Street at times overflows. That’s the one we had the issue with the sinking of the surface on George Street. The storm drain nearest to his house. That is the minor issue. The major issue is that he is getting water in his basement.

He’s thinking that the connecting pipe between that same storm drain, goes down in the

alley, the left side and then goes into the creek. It has a crack or has fallen or something,

leaking water in the ground and its going into his basement. Councilman Myers

asked so the house is getting water in the basement? So want we need to do is have Dallastown come down and camera the storm drain. Councilman Snyder said then you would get it either way, up through the creek and down through that storm drain.

Councilman Allar said I looked at this as two separate issues. Discussion continued.

Zoning Officer’s Report Page 10

Councilman Allar reported 4 ½ hours, 32 miles. Permits were given to 332 S. Elm Street

to rebuild sunroom, 7 E. Pennsylvania Avenue:two bedrooms and bath and fence,

71 W. Walnut: 10 X 14 shed. There are letters to Hillside Financial regarding 138 S. Main Street, weeds and vegetation over six inches. Also a Mortgage Company concerning 39 E. Pennsylvania Avenue concerning lumber, scrap metal and construction materials and so forth. 69 W. Pennsylvania:collection of standing water. 187 S. Main

Street: Cutting grass/grass violation. Those are the letters. Councilman Snyder said we did receive, complaint came in on properties that look awful in town on June 29, 2011.

The secretary said it was hand delivered and was ask to keep it anonymous. One person.

158 S. Main: weeds on sidewalk, 168 S. Main, 308 S. Main, 280 S. Main, Yoe Auto

Parts( whole building and rain spout falling down), 230 S. Main(just needs to mow

more than once a month), 45 Pennsylvania Avenue: Mow. It was cc’d to Dan.

The Gary Smith property houses look awful. These were put into his mail box.

I did hear through the grapevine that Seth did meet with Red Lion on that. We will wait for Seth to give a total update.

Emergency Management Report

Councilman Snyder said no report.

Mayor’s Report

Councilman Snyder said John did send a report for the month of June, we will make that part of the record. All his phone calls, letters and complaints.

Councilman Snyder said he sent this cover letter, I don’t remember this conversation. He attached this letter to his report, it states based on our conversation last month, he mentioned that the borough is thinking of reducing the hours with York Area Regional.

I thought we thought that was a possibly for budget to reduce to 1 ½ and I said we have to think for budget. The secretary said it was budget related. Councilman Snyder said he mentioned it to them, and said we maybe discuss it with council, if we want to move

forward we need to give notice before 12/30/11. Red Lion is doing the same thing due

to lack of money they are moving down to 15 units. Discussion continued. Councilman

Snyder said keep that in the back of your mind for budget purposes.

Secretary’s Report

The secretary said a CD for infrastructure/storm water management for one year was opened at Members 1st.

The secretary said the office will be closed tentatively July 22 and July 25, but that is

subject to change.

Secretary’s Report(cont.) Page 11

Councilman Snyder said we received a notice from Rodney Smith of the Yoe Borough

Sewer Authority that they received the resignation of Bill Garman effective after

June 9th. There is a vacancy there.

Councilman Snyder said we received a notice from Connie Stokes of the water authority, she received an email from Tana Bentzel from Fourth Street expressing interest in the water authority position. Connie forwarded it to us. We would have to appoint her.

A motion was made by Councilman Myers to appoint Tana Bentzel to the Dallastown

Yoe Water Authority. The motion was seconded by Councilman Allar. All in favor.

The secretary said I’ll send a letter to Connie and one to Tana too.

Councilman Snyder said we received the filing of the 990 return for the Yoe Fire

Company for the fiscal year 2010. The secretary said it will remain on the table for

review. Councilman Snyder said thank you very much.

Councilman Snyder said throughout the course of the month, June 17th, not sure

why these emails were going around. Found out the IRS is auditing municipalites

in the area for compliance for Section 218 agreements, which is the social

security agreements for municipalities. There is IRS sanctions if you are not

in compliant. PA Department of Labor and Industry can be accessed for additional

information. YCPC has a Section 218 agreement, they were notifying all the municipalities since the IRS is looking for it. Ours was found, I looked at it.

The Resolution number is 2-79, I reviewed it and compared it with the one from North Codorus Township. The secretary said I will keep that in the rolling file.

Unfinished Business

Councilman Allar said just one clarification here. We sold the cub cadet to the county parks. Last month Dana mentioned about buying $300.00 worth of tires. The secretary said that was for the other cub cadet mower. Councilman Myers said the sale was

discussed with Councilmen Snyder and Noll for approval. Dana called to trade in the cub cadet to get a chipper. He said he was offered $300.00 for the cub cadet. The county parks offered $350.00.

New Business

Councilman Myers said the County Fire Chiefs Association voted last month to dispatch

County ATR, York County Advanced Technical Rescue. I have it set up in Yoe Borough

for automatic dispatch so it has no affect on us. But the fire chiefs are trying to do, there

are some municipalities that when it comes to emergency services, they are not progressing. With ATR, time is everything. Some of these municipalities where they don’t talk to their fire department or the fire department doesn’t talk to the municipality has failed to put the ATR team on automatic dispatch. So they went to the county

New Business(cont.) Page 12

commissioners, and they said if you get three quarters of the municipalities to sign off on it, they will do it 100% across the board. Regardless of what the fire chief wants, regardless of what the municipality wants. I’m not sure how it will work, in my mind it makes sense, especially if I am the guy trapped in the hole or what have you. These four companies that participate in this are Hanover, Dover Township, Shrewsbury and Yoe.

Depends where its at in the county, it takes time to get there. This gets the ball rolling.
We need to sign off and this and mail to Davies Road. A motion was made by Councilman Allar to sign the letter for the ATR. A motion was seconded by
Councilwoman Tyson. All in favor. Councilman Snyder said motion carried.

Councilman Myers said the second thing is the knox box thing, I thought I took care of

this I didn’t take care of this. I told Jen from Windsor Township I did, but I didn’t.

I need a letter from Yoe Borough addressed to Windsor Township requesting that we

use their knox box system in Yoe Borough. You can sign it as the secretary. We’ve

been dragging our feet because we were hoping to combine the whole system with

York Township and Windsor Township. Together would be a more efficient way of

doing it. However York Township doesn’t want to share their knox box, and that is

their business but that has created a hardship for the fire department. We had to go

out and buy another box and put it in the truck. There were three companies that had to do that Dallastown, Yoe and Red Lion. Obviously it will cost about $5,000.00 in Yoe.

Whatever reason York Township doesn’t want to share. Windsor Township now has their system. Right from the beginning we shared with Windsor Township and everyone is

signing on, it makes sense. Discussion continued. It was the consensus of council to send the letter to Windsor Township.

Councilwoman Tyson said I wanted to let the record stand, for my mother’s house,Stacy Blessing, 123 E. Pennsylvania Avenue does not support putting the rail trail down Clark Alley for the reason of parking. To use the parking lot safely, she supports the trail but not down the alley.

Payment of the Bills

Councilwoman Coble Tyson said she received an email from the borough’s association that they are having a educational seminar on budgeting. The secretary said just stick that in my box and I can pay the fee for the seminar.

A motion was made by Councilwoman Tyson to pay the bills as listed. The motion was

seconded by Councilman Allar. All in favor.


A motion was made by Councilwoman Tyson to adjourn the meeting at 8:45PM.

The motion was seconded by Councilman Snyder. All in favor.