Wednesday, February 8, 2012

Yoe Borough Meeting Minutes January 3, 2012



YOE, PA 17313

The re-organizational meeting of Yoe Borough Council was held on January 3, 2012 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order by Mayor John Sanford at 7:02PM beginning with the

Pledge of Allegiance.

Oath of Offices

Mayor Sanford issued the oath of offices to Samuel Snyder and Thomas Allar. The oath

was given to Mr. Snyder and Mr. Allar with those persons repeating the oath for the



Mayor Sanford opened the floor for nominations for President of Borough Council.

Councilman Noll nominated Sam Snyder. Mayor Sanford said we have a nomination on

the floor for Sam Snyder, do we have a second. The nomination was seconded by

Councilman Myers. Mayor Sanford asked if there were any other nominations on the

floor. Councilman Snyder made a motion to close nominations. Second by Councilman


Mayor Sanford said at this time I will accept nominations for Vice President of Council.

Councilman Allar nominated Seth Noll. Councilman Snyder seconded that. Mayor

Sanford said we have a motion and second for Seth Noll. Any other nominations from

the floor. Councilman Snyder made a motion to close the nominations. Second

the close nominations by Councilwoman Coble Tyson.

Mayor Sanford said at this time I will turn the meeting over to the President of Council.

The time is 7:04PM.

Councilman Snyder said bare with us as we continue to reorganize. Let the record reflect

that were certified as winners of the previous election aren’t here tonight. They have

ten days in which to qualify for the seat under section 903, of the Borough Code. In the

event they fail to qualify within ten days of the beginning of their term, which was

January 1st, council can declare their seat vacant. Which I already spoke with Regan about of course with Jamie’s seat. The mayor can take care of the others.

Councilman Snyder said in the meantime let the record reflect that there is a quorum

of council, the quorum represents the council members that are remaining which

is Tom, Seth, myself, Barry and Wendy. The mayor to break any tie.

Councilman Noll asked did we get a formal letter from Jamie? Councilman Snyder said

no, that’s why we have to leave it open, otherwise if she would have sent a letter in,

Nominations(cont.) Page 2

we could have just appointed Regan right now. I tried, I have been sending emails

to Sandy even, she wasn’t responding back. At least it takes care of itself in ten days.

Its not like we have to go court to declare it vacant. The mayor has to get the oath

of office to Mr. Howett before January 10th.

Council Members in attendance:

Sam Snyder

Seth Noll

Tom Allar

Barry Myers

Wendy Coble-Tyson

Others in attendance:

Dana Shearer: Maintenance Supervisor

Sandy Sterner: Secretary-Treasurer

John Sanford:Mayor

Steve Malesker:Engineer

John Baranski: Solicitor

Regan Strausbaugh: Resident

Rodney Smith: EMA Coordinator


Councilman Snyder said I’ll do this like I have done this in the past to try to

streamline this, the reappointment for council, in a form of a motion, understand

that some of these positions are under contract and we can not deviate from them,

others are at the will of council and at any time we can always bring up to remove


So the motion was made by Councilman Snyder for:

Borough Engineer: C. S. Davidson/Steve Malesker

Borough Solicitor: Blakey, Yost Law Firm: Nicole Ehrhart

Zoning Officer: Red Lion Borough/Dan Shaw

Newly created position of Code Enforcement Officer: Temporarily Vacant

Animal Control Officer: Hemler’s Animal Control

Wildlife Animal Control Officer: Jerry Pickel

Park Rental Coordinator: Gail Koller

Secretary-Treasurer: Sandra Sterner

Borough Auditors: Stambaugh Ness, PC

Rental Property Code Officer: Dana Shearer

Sewer Enforcement Officer: C. S. Davidson

Appointments(cont.) Page 3

EMA Coordinator: Rodney Smith

Deputy EMA Coordinator: John Sanford

UCC Code Officer: Code Administrators, Jason Stevens

Road Master: Councilman Barry Myers

York Adams Tax Bureau Rep: Councilwoman Wendy Coble-Tyson

Alternate: Councilman Tom Allar

TCC Rep: Councilwoman Wendy Coble-Tyson

Alternate: Councilman Tom Allar

Yoe Borough Police Department: York Area Regional Police Department

Health and Sanitation Officer: The office of President of Council

Right to Know Officer: Sandra Sterner

Term expiring 12/31/13: Dallastown Yoe Water Authority: Tana Bentzel

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

Snyder said motion carried.

Resolution 2012-01

Councilman Snyder said we had two terms on the Zoning Hearing Board that

needed reappointed. However those terms are for three years, and need to

be staggered, I don’t know how they got messed up, but they are not

staggered and at the same point, Sandy couldn’t find for her auditors where

we designated compensation rate for zoning hearing board at $25.00. It was

done by motion a long time ago. I have already gone over with the solicitor

on that.

A motion to resolve Resolution 2012-01: Now therefore be it resolved that

Council of the Borough of Yoe does hereby wish to rectify the Zoning

Hearing Board’s membership, so that terms be fixed to comply with MPC and

does hereby appoint, Patti McGonagle for a three year term to expire on

12/31/2014, Kerry Scritchfield for an initial term of two years to expire on

12/31/2013, and for each subsequent term to be fixed for three years. Michele

Miller Noll for an initial term of one year, to expire on 12/31/2012 and for

each subsequent term to be fixed at three years. Be it further resolved that

the Council of the Borough of Yoe, does hereby fix the compensation for

the Zoning Hearing Board members at $25.00 per meeting attended. Councilman Myers

made that motion to resolve. The motion was seconded by Councilwoman Coble

Tyson. Councilman Noll abstains. All others in favor. Councilman Snyder said so be it


Minutes Page 4

Councilman Snyder asked if everybody had an opportunity to look at the minutes

from the prior meeting? Any additions or corrections? A motion was made by

Councilman Allar to accept the meeting minutes of December 6, 2011. The motion

was seconded by Councilman Noll. All in favor. Councilman Snyder said minutes



Councilman Snyder said anyone here to be recognized? Let the record reflect

no visitors were here to be recognized.

Solicitor’s Report

Attorney Baranski said Ordinance 2012-01 for storm water is on the agenda for

adoption. There were some changes from the draft ordinance. A motion will

be needed to adopt. Councilman Snyder said I had a question on that slope

drawing. Is the dark area greater than 5%? Mr. Malesker said yes. I think

the attachment C, or appendix C, that was your water district map that you

had, that is what a previous engineer did, so rather that redoing it, we just

used that. Unless you want us to re-do? There is only one district. The

secretary said that YCPC brought us a map with a memo attached from

June of 2011, I didn’t know what it was. Mr. Malesker said this is a flow chart, its

related to. I would keep that somewhere in the office. The secretary will put

it with the zoning things. Mr. Malesker said it’s a flow chart that YCPC had

training for, of what we didn’t put in, was the watershed map. You had one done

already, its just one district. It hasn’t changed at all. Attorney Baranski said if

we are going to pass an ordinance that has appendixes referencing a map, we

should have it. Mr. Malesker said I’ll make sure you get that. Councilman Noll

said you can pdf, I”ll get it to the group. Do we need to reference the attached

appendix? Councilman Snyder said as long as we have reference to the map,

we need it for the ordinance. Attorney Baranski said we should say that we

are waiting for the Storm Water Management District Watershed Map.

With that coming later, I think we are okay. Councilman Snyder said I did

have to change the signature page because it referenced 2011. Do we need

any further discussion on that, all the changes we discussed were incorporated

into it? Councilman Allar said are you aware of any bills or amendments to the

storm water management act? Attorney Baranski said I am not aware of that,

considering all the uproar this caused. As far as I know there is nothing in the

pipeline requiring changes. Councilman Allar said I know that there is one bill

HB 751, that’s going to totally drop off Section 12, failure of a municipality

to adopt the ordinance. There will be no penalty. The way its written now, if you don’t pass it, they can come down and issue a notice of violation, and you have 180 days

of receipt to explain why, if you hold off they can freeze any money. The state

Solicitor’s Report(cont.) Page 5

treasurer has been authorized to withhold payment of all funds payable to

the municipality. They have never done that in the history of the Commonwealth.

Councilman Snyder said we discussed and you know what the logic in, safeguarding

the residents. We’re putting in our amendments, to safeguard our residents. Pass them,

and have them challenge later down the road. They can’t say we aren’t in compliance.

Councilman Noll said at the end of February, finding out about MS 4 coming

in 2013, its going to be a lot stricter. Councilman Allar said there about 904 municipalities that are affected by MS 4 and have done nothing about it. Councilman Snyder said we are going to have years to work on MS 4. Discussion continued.

A motion to ordain to 2012-01 by Councilman Noll. The motion was seconded by

Councilman Allar. All in favor. Councilman Snyder said so be it ordained.

Attorney Baranski reported that the remaining two quiet title defendants, their

time frame is up on Thursday. Attorney Ehrhart will be able to finalize that.

Attorney Baranksi said I was asked to bring up for discussion the Mill
Creek Interceptors Agreement. I was suppose to put that out for discussion

tonight. Councilman Noll said I talked to several people who are part of the users group over the last month and I had a conversation with York Township. This post

agreement is the whole reason why and the file that goes along with it, these are

all except for the last two, which involved York Township and Windsor Township.

There are fourteen/fifteen amendments. The biggest reason the group would like

to get together is to take these amendments basically put them into one fluent

document. The reason for that is very simple. What you see here, there are basically

two authoritys, there is Mill Creek Users Group and there is the Yoe Dallastown

Sewer Authority. Most of the municipalities intercept through a straight line.

What they want to do, what is going to happen to us, right now, I’m not sure

how we budgeted for this, I wasn’t at the budget meeting. This was from the

last meeting, there is a pump station at the top, the largest pump station

in the pink color, and that interceptor is being rebuilt, it will cost Yoe,

on the last page, capital improvement expenditure of $17,865.71. The reason

we have to pay this, we are part of the users group, the way the users group

agreement is written we pay for everything. We don’t use this, we are paying

for it because we are part of the users group. $17,000.00 If something happens

in the blue, pink or purple line. Prorated on percentage usage. Its spread through

all the municipalities. What the York Township group, for the interceptor group,

is take all the individual municipalities, and charge, Dallastown is the big user

and they haven’t realized it yet, if it gets re written. Because everybody else uses

these interceptors, we would be pulled off of the maintenance, Red Lion Borough

would not pay for the blue purple or the pink line, they don’t use it, we don’t use it,

Windsor doesn’t use it. The other thing they’d like to do, is put meters on the line

that don’t currently exist, to see how much everyone currently puts in. An EDU,

is an estimated daily usage unit. We are not charged that way. At the end of the line,

whatever comes through to the Springettbury Township facility, we pay our

Solicitor’s Report(cont.) Page 6

percentage. So if Yoe puts in 500 gallons in we could be charged for 5,000 it depends

on what the user group puts in there. So what they want to do is, meter flows is one

of the ideas, the other thing to work towards a different way of doing maintenance.

Right now, we pay for everything. It would be done on your diameter of pipe and

your run of pipe calculations. You would only pay towards the interceptor what you

would use. So if they decide to do anything on the blue, pink or purple line in the

future, we don’t pay anything for it, if this agreement is re written. Anything above

Yoe we would not pay for. Those are a lot of the ideas. York Township since

the controlling party, at the beginning of the line and they will always be the

controlling party, they are looking at trying do a draft agreement themselves,

so there would be no cost to us for the draft agreement. Then if everyone

agrees to move forward, they would then forward everything back to the municipalities

to see if they are in agreement or want to make changes. A solicitor on there, I could

represent us, I would be willing to do that. I think we can avoid costs. Our solicitor

is involved with three municipalities, run it through the firm. Looking at everything

I think there is little down side for us. At this point we are giving permission to

go through and have the agreement reworked and a new draft to look at. It still

stands that everyone has to agree on the draft agreement. So we decide that they

are trying to cut municipalities out, by saying only 80% representation, if its

their goal, if we say we don’t agree with it, it’s a dead issue we haven’t spent any

funds. I think it would be incumbent of us, to allow York Township to write

the redraft at this point. Then we can judge if we want to go with us not now.

The other good thing they want to set up be redoing the agreement is a maintenance

fund, where some money each year will be aside for maintenance, upgrades,

pipe burst. There is no maintenance fund at this point, the boroughs are charge based

on their percentages. I checked with Windsor Township, Red Lion Borough and York
Township , sat down and look through the things. Discussion continued. Councilman

Allar asked if you know what kind of savings we are looking at? Councilman Noll

said at this point, no. Other than we know, we are part of the rebuilding the pump

station. We pay maintenance they way its designed on other parts of the line. I’m

not sure when Dallastown Borough gets involved, and the money they’ll have to

expend above and beyond what they do now. Their pipes are not in great shape,

and picking up a lot of maintenance that is shared by everybody. I feel they will

be the sole hold out. Councilman Snyder said at that point, Honey Valley is going

to be shared by York Township and Dallastown Borough. Councilman Noll said

yes. Councilman Snyder said instead of Dallastown’s Borough share being $9,000.00, they would be sharing half of the $88,000.00. Councilman Noll said yes. That’s what I mean. York Township wants to spend the funds to do this. Councilman Snyder said

oh yeah, I don’t have a bit of problem, my only problem was, we didn’t have it

budgeted so we weren’t going to be part of redrafting. Because what you told us

what they want to do, we had applied taken care of with the amendment nine years

ago and this interceptor wouldn’t have been an issue now had they signed. The only

issue was they failed to, when you are taking out that purple and blue. If this accounts

for the I and I, because it wasn’t going to be needed. They were going to take out

Solicitor’s Report(cont.) Page 7

all those users and if those users but in an extra hundred thousand gallons of I & I that

was going to get charged back to all the remaining users of Mill Creek. So all of

sudden, we weren’t going to have any sewer capacity even thought we spent money

for sewer capacity. That what was what, I ever tried to tell them I don’t have a problem

with it, cause we saved maintenance cost. Put a meter in, you just take out for every

meter. Councilman Noll said that’s one thing they can do, one to capture 90 to 100% of what is coming out of Red Lion put a meter at the bottom of this line so they can get the all. That’s the whole thing, what you had the problem before, they agree that meters

need to be put on now. And that’s again, why Dallastown in the long run is not going

to go with this. Councilman Snyder said now, for your comment, these charges here,

they’re already been taken care of, because that is being picked up by the Sewer Authority. They have the funds, this is nothing out of this pocket. The reason that

everyone is in such dire straits, is because they didn’t plan for it. So when all of sudden,

this $600,000.00 of repairs for this Honey Run pump station came up, it caught

them off guard. They thought that the agreement that was circulated nine years ago,

was passed. So they have to scramble with this money. Personally I don’t see why

they have to redraft the whole agreement, if they want draft something and have

us sign it. My whole thing was, and this whole thing bears it out, this council has

not been asked for anything since 1999. Its like why redraft something, where

the right to need to redraft a whole lot. And if this whole thing stems from trying

to take off this interceptor, I know why, York Township is trying to free up the

EDU’s that are on this interceptor. If that can be listed as the Honey Valley Interceptor,

they’ll purchase more from York City. It frees up EDU’s. I don’t have a problem with

that, I just cared the I and I issue when this is taken off, we’re not going to be charged

the actual usage that is going thru there. We only have 20 EDU’s available so a wet

year like this year, when it gets calculated out, for this coming year, we probably

have no sewer capacity. Councilman Noll said it is and it isn’t based on EDU’s.

It ultimately what flow that goes through that meter right here. Councilman Snyder

said that’s what Springettsbury has to treat. Councilman Noll said and if we have

no EDU’s, no one on the system has any EDU’s. If it’s a millions gallons that is

allowed thru this meter each month, and the three peak months we are at one million three hundred thousand, no body is building anything. That is how the agreement

is set up now. We will not lose EDU’s. Discussion continued. A motion was

made by Councilman Noll that we would allow the redrafting of the sewer agreement,

and York Township be the head of that, have everyone take a look at it, at no cost.

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

Snyder said motion carried. Attorney Baranski said he would like Nicole know that

Yoe Borough is in, with allowing for the redraft. Councilman Noll reintegrated for

no funds to expended whatsoever by the solicitor.

Councilman Snyder asked if everyone had an opportunity to read over the draft

ordinance? This all came about, we’ve been having quite a few issues up at the

park within the last few months, the latest being individuals were found up

at the park after dusk, they were cited for trespass when the police went to write

Solicitor’s Report(cont.) Page 8

the citation it came to their attention that the park ordinance was changed to specify

specific times. Which ironically, was done by the request of the police department

back in 2001, 2002, when they said it was too difficult to enforce, dusk to dawn.

Because what constituents dusk and what constituents dawn. So after with

talking with the mayor, he liked the idea, because right now its dark at five o’clock at night that is when the majority the problems take place. So I was mulling it around,

the issue became if they’re only having an issue that there is no set time, they

can’t define dusk to dawn, what else can we come up with. I started to do research

into other ordinances, found out the ones I came across, no one had anything other

than set times. Again back in the beginning of 2000, it was changed. The only

reason its unenforceable is because there is no good definition for sunset or sunrise,

I came up with a definition for sunrise and sunset which is easily discernable down

to a minute at any given time when it gets dark out. Discussion continued. Councilman

Snyder said I forwarded a copy to York Regional, never got back to me with comments.

Mayor Sanford said I did hear a verbal that they liked it. Discussion continued. Councilman Myers said I think you will have a problem with number 11, the right to carry a firearm. We get challenged at work about two years ago. We took it off

all our signs, if they want to carry a firearm, they just can’t discharge it or pull it out.

We went through a legal thing about that. Councilman Noll said I think that would be

fine, what we care about is discharging a firearm. Councilman Myers said its unconstitutional. All I’m saying you are going to get challenged on it. Councilman

Snyder said if there is something you want out, now is the time. I can delete that.

Councilman Myers said I’ll email you our ordinance on firearms at the park. Something

about pulling it out and acting in a reckless manner. We handled it a different way.

If they want to carry it with a permit and outside on their belt, they can do so.

Mayor Sanford said how can we handle knives and swords. Councilman Snyder

said the concern was we had a guy shooting a bow and arrow up on the pitchers mound,

target shooting. Attorney Baranski said I don’t think bows, arrows, knives, swords is

protected by the right to bear arms. So you can limit the right to carry bows, knives, etc, in the park but the right to bear arms is protected. Councilman Myers said I don’t know

why, the sunset and sunrise thing, we have it as 8AM in the morning. Councilman

Snyder said that is why we are going back to sunrise and sunset. We can add 12, no

discharging. This would take out the firearms. I’ll change 11 to no possession or use

of the cross bows, compound bows stuff like that. With the exception of those being carried by the on duty officer or elected/appointed officials. They should have their

batons and stuff. Number 12 I’ll add, no discharging of firearms. And I’ll put

on there with the exception of the on duty officers. The only reason I was putting

on borough officials, our dog officer carries a gun. If they are an elected officials.

Councilman Allar asked about number 6, bicycles and skateboards, we are saying no

to allow them on the basketball court. Councilman Myers said I thought we had

signage up at the tennis courts. We didn’t want them up there when we redid

the tennis courts. Mr. Shearer said there is one sign at the gate of the tennis courts.

Councilman Snyder said add in tennis courts/basketball court. Discussion

continued. Councilman Noll said the other thing is parking, with the parking up

Solicitor’s Report(cont.) Page 9

at the baseball field. Mr. Shearer said there is a sign there, up by the old backstop, and one up there. The sign says no parking from dawn to dusk. Discussion continued.

Councilman Noll suggested that parking is permitted only when using the recreational

facility. Councilman Snyder said that is part of number 5. That was the other issue

that we had someone driving donuts up at the ball field. Councilman Snyder said

to summarize: Addition to number 5: Parking permitted only when using the recreational facility. Addition to number 6: Or the tennis courts. Striking out on number 11: The

firearms and it should be changed with no possession or use, including but not limited

to. Addition to number 12: No discharging of firearms. A motion was made by Councilman Noll with the noted changes to advertise the ordinance for next month’s adoption. The motion was seconded by Councilman Allar. All in favor.

Attorney Baranski said she wrote the letter, I don’t think she has heard from Mr. Reidel.

Mr. Shearer said I had contact with the younger Mr. Reidel during the last dam

dredging. We pumped from the opposite side of the creek. Jake’s people went to

the other side, near the Reidel property. He expressed he wasn’t happy with the

letter, they were going to explore what their options were. I asked if they wanted

us to move the pump, they said no. The agreement with Jake expires at the

end of the year, with no renewal. We need access through that gate. Councilman

Allar said I could call Eric Jordan, cite them as the down stream property owner.

Say we’ll help you out a little. You are not happy when you get a letter from

a lawyer. Discussion continued. Councilman Snyder said have Nicole write another

letter saying we haven’t heard back from you, we’re just trying to be friendly here.

Councilman Noll said about moving the property easement,nullifying. Discussion

continued. Councilman Noll said when this letter is written, tell him that two

council persons are willing to come down there and talk about it. Offer to set

up at face to face meeting. Mr. Shearer said every time I bring in a truck or

mow there, I get hassled. We either have an easement across the property or

we have no access at all. I will work around not having access. Discussion

continued. Councilman Noll said to move this along, we send them a letter,

offer to have a face to face meeting, in the letter say move the easement

away from your building as a courtesy, like abandon that easement, move

it down. Councilman Snyder said and take over the maintenance responsibility,

because failure to maintain is causing us undo hardship. Councilman Noll said

the appropriate people, get an agreement hammered out, if he’s not going to

work with us, we know where we stand and we have an option. We either

put the money in to make that easement work or we sue them. Councilman

Snyder said we force them to maintain the property. I don’t have a problem

sending DEP or County Conservation down there, we have spend thousands

of dollars in dredging due to the erosion coming down there. Let’s start with this.

Attorney Baranski said Claycomb’s attorney, Marc Roberts sent Nicole a letter

today apologizing for the delay of getting back to her. And basically saying this

client is on board for easements and complying with the terms. Councilman Snyder

Solicitor’s Report(cont.) Page 10

said we did send him something. Councilman Noll said he is satisfied with the proposed

easement showing on the drawing, that you have provided is fair treatment for the

property. Its actually off the rail road property. Councilman Snyder said the easement

he wants is actually in the road right of way. Mr. Malesker said there hasn’t been a legal description. We just showed an arrow on a map. There is no official exhibit. We still

need to do an exhibit, do we label that a permanent easement. Councilman Noll said

make it a temporary easement with life rights. Mr. Malesker asked for the exhibit should

be call it a license? Attorney Baranski said call it a license. A motion was made

by Councilwoman Coble Tyson for Steve to draft up the land use license and to get

that description to Nicole to forward Mr. Claycomb’s representative. The motion

was seconded by Councilman Allar. All in favor. Councilman Snyder said motion

carried. Councilman Allar said John, before you forwarded that, can you send a copy

in here I’d like to take a look at it. Attorney Baranski said sure.

Councilman Noll said are you familiar with the email Nicole sent around for the

findings with the use of email from the Right to Know? Attorney Baranski said

the decision of Commonwealth Court on December 7, 2011 and it affects

municipalities in Pennsylvania. Emails on elected officials personal computer are

not records of the township, elected person acted individually, alone or communicated

with an outside party. I guess there was some concern, whether or not those things

could be considered recoverable with the Right to Know Law. It has been declared,

they are not. Emails on elected officials personal computer, are record of the

township if the emails are extinguished among a quorum of the governing body.

Documented transaction or activity of the council discussing certain things, enough

to constituent a quorum. The Right to Know officer must determine through a good

faith investigation of the emails requested were exchanged for the purposes of deliberation of the township’s business by a quorum of the body in the meaning

of the Sunshine Act, if that is true then the emails are public record. If you deny

a request for records, make certain you list all possible reasons for denying.

You have once chance. That’s a good sign of what emails you want to copy.

Councilman Noll said as long as we make a copy of it, we don’t have to save

all these emails. Attorney Baranski said if you reduce them to hard copy, reduce

them to hard drive if its part of the Right To Know request, you have to make

sure that they are part of that, so definitely make it hard copy. Councilman

Noll said should we have a destruction policy. Attorney Baranksi said yes, I recommend that to all municipalities I represent. Purge every seven to ten years. Councilman

Noll said we would like to have a destruction policy since we never had one. Attorney

Baranski said I’ll have Nicole send that around. Councilman Noll said at this point,

anyone can expect us to have anything. Have a policy to have emails for ninety days,

how we copy them.

Engineer’s Report

Mr. Malesker reported that I see there was correspondence concerning Orchard

Engineer’s Report(cont.) Page 11

Hills Vista. Eric had a site visit and issued a violation notice for some drainage

issues. It was titled Orchard Hills Vista but it wasn’t pertaining to that development

per say.

Mr. Malesker said I did talk to Jake and he said he did get the plans from Rettew.

But he didn’t get the description. Councilman Allar said Jake is going to give

a yeah or nay before the narrative. Once that conservation easement is done,

it will go to Mike Danko, then we can find out if he will release us from the

cease and desist order. Mr. Malesker said he said we are still waiting on the

land use agreement. Councilman Allar said Danko will review that before

we begin construction. Apparently that is okay by the township. Councilman

Snyder said they were suppose to be approving it. We need to get a copy to

Jake and one to DEP. Attorney Baranski said Nicole was following up on the land

owner agreement.

Mr. Malesker said Jake also mentioned. potentially for the two bridge projects

we are working on, he said there is a new grant out EPA, urban waters. Its not

for construction projects. He said we should meet and talk about that.

Councilman Allar said I got the stuff from Jake, its hard to tell, it talks about

research funding, improving water quality that support community revitalization, priorities such as public health, economic opportunities, etc. I’m think in

terms of two projects, Mill Creek Watershed Study for the basis of a major

project that would take care of several miles of Mill Creek including our

basin. Long term, start with some sort of research study. The other project would

be bridges, if someway we could get five or ten thousand. Problem is the deadline

is January 23rd. I was going to simply say if there is no cost to the borough. Make

a motion have Jake check it out and if we have a chance get the application in.

Councilman Noll made a motion that Jake applies for the waterways small grant

application, for work on our use at no cost to the borough, send it by January 23rd.

And have Steve send all the date needed to do the application. Mr. Malesker said

the grant is for research and studies. I can still copy him. The motion was seconded

by Councilman Allar. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we did receive two letters from Michael Conway, P.E., one dated December 29th and the other January 2nd, to advise Yoe Borough Council that

Christ United Methodist Church will be submitting an application to DEP to utilize

their general permit 11, maintain and rehab a portion of the concrete bottom slab

on the Mill Creek as it passes through the church property. In other words, they

are going to do their own thing. Mr. Malesker said he had called me and I asked

if he could please write a letter. He’s is going to do it for the church. That makes

it cleaner for the borough. We will proceed with the borough as the sole applicant.

Mr. Malesker said we went over the model ordinance.

Engineer’s Report(cont.) Page 12

Mr. Malesker said we did get the letter from Joel Sipe on DEP on the basin

inspections. We do have the signed signature page I did get that from John but

for some reason, it wasn’t in his copy or wasn’t the original. Joel was on vacation

last week, he will be in the office tomorrow. I’m just going to email those

to him, today. Insert those and that should be acceptable. The other comment

was for the EAP, emergency action plan. I got some information from John and we revised it for the format that DEP wants. That is going to be resubmitted.

Councilman Snyder said we did receive the updated page 3 of the flood damage assessment. Which gave the update cost figure which we turned for the FEMA/

PEMA grant, I forwarded that on to Mayor Sanford. Mayor Sanford said I am waiting

for a call back for the first walk thru, when I get that call I will contact you.

Mr. Malesker said in the meantime we will get that DEP GP11 permit ready.

And get quotes.

Councilman Noll said we talked a couple months ago about approaching Dallastown

Borough about materials. Have you heard anything from them, what do we need

to do to be part of the time/materials bid? Mr. Malesker said they typically

bid that in April, award it in May. They briefly discussed. A formal request

needs to be made. We will start in February. Councilman Noll said a letter on

letterhead that Yoe Borough is interested in sharing the bidding of. Mr. Malesker

said yes, to be a party of the equipment/ materials bid for 2012.

Councilman Noll said they can contact him, the letter makes it official. Discussion


Maintenance Report

Mr. Shearer reported winter operation as needed.

Mr. Shearer said we completed one rock vein dredge for the year. Councilman Noll

asked if we have a total cost of that for 2011. The secretary said she is still working

on that.

Mr. Shearer said I am getting some cost estimates on a 3 point hitch ppo powered

pump, ¼ inch pump. The fire company currently has 4 3 inch pump, they increased

the number of pumps on hand. We might be able to get away with that four inch pump

hitch that to our New Holland Tractor. That would sure save a lot of money, the pump

would be powered off the tractor so you wouldn’t have to pay for a power pump.

Probably come in, might be around $5,000.00 to $6,000.00. For delivery and pick up,

it was around $600.00 for the week. We should have a substantial savings.

Mr. Shearer reported that I do expect Code Administrators to filing a citation shortly for 53 N. Church Street for failure to respond to their notice to vacate. The property appears

Maintenance Report(cont.) Page 13

to be unoccupied at the time. But they have not properly secured the structure

against entry as it was listed in the Notice to Vacate. Update continued.

Councilman Snyder said they were cited again on December 12, 2011, we

received another complaint from a tenant that was there. Sewage spilling

out unto floor. We were able to get Codes to go down there to issue another

violation of an unsafe structure. Councilman Noll asked should the fire

department check into the building. Councilman Myers said it wouldn’t be an idea, when the city does that, that is when its boarded up. Councilman Snyder said I think the

fire department in the city is the code inspector. Technically I think Codes would

be the one to handle that for us rather than have the fire department involved in

it. Councilman Snyder said along with that, when you spoke with Codes did they

say any more about the property on 230. Mr. Shearer said I hadn’t talked to Norm

on that since that isn’t a rental property, that is more Dan than Codes. 53,

all three of us are involved, because of my capacity in code enforcement for

rentals. Discussion continued. Mayor Sanford asked if mail is received there.

Councilman Noll said pictures have been taken of boxes on the porch, day

later it wasn’t there. Councilman Snyder said how do we want to coordinate

or contact Codes on 230. Councilman Noll said I will give them a call.

Councilman Allar asked have you filed any past dues on property maintenance fee?

Mr. Shearer said no, I still to file that citation I haven’t done that yet. Down

to the one. The first of the year to send out 2012 letters. Councilman Snyder said

since this is all taken care of in the ordinance, they only have so many days, when

did you want to start to send out notices. Mr. Shearer said made sure we save

a copy on the computer of each individual letter. So its basically going through

open up the letter, putting in the current date. Printing it out and send out.

Councilman Snyder said can this be done in January? Mr. Shearer said I won’t

have to bother Sandy, I can print them out, sign them and send them out.

The secretary said stamps are available. Mr. Shearer said I anticipate on getting

them out in a couple of weeks. Councilman Noll said I would

suggest we send them out all the same day. Councilman Snyder said we

can set a goal to get those out before the end of month. The secretary said

we are not going to give them a second chance. Mr. Shearer said they will

get a second notice if not paid on time, for the $500.00. Councilman

Myers said how do you find out if an second apartment, if it’s a rental unit?

Councilman Snyder said anybody that isn’t owner occupied. Councilman

Myers said it its owner occupied in one part of the property and the other

part isn’t, how do we find that out? Councilman Snyder said that we don’t find out,

if its legal. We changed it, if its being occupied and you’re not the owner, its

deemed a rental. If there in the same house, we don’t know that its family

members living in the same house. Councilman Myers said he knows of

someone who looked at the apartment that wasn’t a family member. How

do they prove that isn’t not? Councilman Snyder said they would send the

letter back saying its not being rented or we don’t have a second facility there.

Maintenance Report(cont.) Page 14

Councilman Myers asked how do we prove that it is? Councilman Snyder

said in this instance if we have someone to testify. Councilman Noll said

do we have access to get these addresses in Yoe Borough. Mr. Shearer

said if that is the case, it’s a theft of services, they should be paying

two municipal service fees. The burden of proof is on us, we had

to build a case. Councilman Noll said I would like to take tax map and

put all the addresses on a spreadsheet. Have to walk the town. Councilman

Snyder said just like the situation that we just had our zoning hearing on

High Street, there are going to be those instances where they sneak under

the wire, as we find them, we start building a case. Once we get enough

information we take it to the solicitor and say is this enough information to

go file a charge. All we have to file a charge that they failed to list it,

it’s a $100.00 fine. Discussion continued.

Zoning Officer’s Report

Councilman Noll reported a total of 3 ¼ hours, 12 miles. He dropped

off the information last month, letter to Craig Lehman for sewer back up,

Zoning Hearing Board for 33 E. High Street, the sign for the meeting.

Councilman Snyder said as you are aware during reorganization we

split starting this year, the duties of the zoning officer and code

enforcement officer. Any response back from the committee on

the code enforcement officer’s position? Councilman Noll said

we have a third person for an interview, that we would like to

set up. Look at our calendar and get a time and date. Councilman

Snyder said so long as everyone on council is aware, we had to

do this so we didn’t lose Dan as our zoning officer. If we have

a code enforcement issue, tell the resident to bear with us.

Councilman Snyder said they were cutting us and weren’t renewing,

and gave us ninety days. I told her what we would do, we should

be able to hire someone, tell her council that we were splitting it off.

Honestly we don’t want to use him for code enforcement. He has

to follow up and complete what he is doing.

Councilman Snyder said I was going to recommend, we have no

authority over the Zoning Hearing Board other than appointment,

said if the council wanted to send a letter to the members, stating

that council has a concern about their solicitor.

Executive Session

A motion was made by Councilman Noll to go into executive session

at 9:26PM. The motion was seconded by Councilman Allar. All in favor.

Reconvening the Regular Meeting Page 15

Councilman Snyder reconvened the regular meeting at 9:49PM. Let

the record reflect that the council discusses some personnel issues and

it was determined that the council president is to send a letter to the

Chairman of the Zoning Hearing Board, informing them of the new

appointments and the dates of their terms, encouraging them to meet

to reorganize and to avail themselves of potential training.

Emergency Management Report

Mr, Smith said he made two copies of emergency management book for

elected officials. One was given to Councilwoman Coble Tyson and Mr.

Mr. Smith said we reviewed our Emergency Operations Plan. Councilman

Snyder said that was what we discussed under the engineer’s report, John

has been working on, it wasn’t in the right format. Discussion continued.

Mayor Sanford said the next meeting is next week.

Councilman Snyder said we received a request from Ted Hake from

down at the Ambulance Service, that the three municipalities, Yoe Borough,
York Township and Windsor Township need to sign off on this, we need

to approve it, to changes with the fire run cards. Which will be updating

them with the forms and the requested changes are to remove Medic 97-4,

as a responding unit out of York Hospital because that is no longer there.

Then to add Station 36 to AED responses with all EMS units. Dispatch

Station 36 to all AED criteria. A motion to sign that, one signature page that

has to be circulated with all municipalities, by Councilman Allar. The motion

was seconded by Councilwoman Coble Tyson. All in favor. Councilman

Snyder said motion carried.

Mayor Sanford said the update on the application for funding for FEMA/

PEMA, the application forms that were sent in, were acknowledge and

the copies returned to me. The next step is to set up a site visit. Councilman

Allar asked how does the fire company and ambulance feel about the

parking restrictions 20 feet away from the edge. Councilman Myers said

20 feet is ½ of the parking lot. Councilman Allar said I read the report, but

I don’t see how you can do away with it. Councilman Allar said it

talked about the bags being over extended, over loaded. I hope John is

successful in the application process. Discussion continued.

Mayor and Police Report

Mayor Sanford said my report is circulating. I do not have a police report because

Mayor and Police Report(cont.) Page 16

the borough did not receive the November report.

Mayor Sanford said I did circulate the information on the three officers

retirement at the end of year.

Mayor Sanford said highlights, I performed a wedding the day before

Christmas Eve.

Mayor Sanford said we had a theft in the park. Dana had gotten some

snow markers, they lasted about two weeks and now they are someone

else’s snow markers. Councilman Myers said we had the same issue,

we just made wooden stakes and painted them red. Mayor Sanford said

I filed a report as a matter of record.

Councilman Allar asked if there was an update on the vandalism at

the park? Mayor Sanford said I talked with Officer Spangler on

Friday of last week, he had a couple days to appeal that. I think that

time has expired, there should be bench warrant out. The other

situation at the park was the trespassing.

Secretary’s Report

The secretary thanked the council for the Christmas gift.

The secretary reported today the borough received a check for $3986.05 on

the insurance on the hydrant hit on Elm and Philadelphia Street.

The secretary said I had a phone call from a resident that lives on

E. Philadelphia Street in the apartments. She is asked me about

getting a handicapped parking sign for the parking lot. There is nothing we can do?

I told her to contact her landlord. She is afraid that the landlord

won’t do that. She inquired about legalities and I advised her the borough

is not allowed to give any legal advice. It was decided that there is

nothing that can be done for her. The secretary will call her back.

Councilman Snyder said the secretary did notify Chief Gross on the issues

of the parking citations issued, they still haven’t updated their books,

the $10.00 fines were still being issued. So she went directly to

Chief Gross on that since our communications prior didn’t do any


Councilman Snyder said we received the copies of resolutions and

ordinances that were adopted last month.

Secretary’s Report(cont.) Page 17

Councilman Snyder said we received the notice from York County Solid

Waste, they are holding a Christmas tree recycling from December 26, 2011

to January 31, 2012 Residents can bring their tree to the authority’s

yard waste, seven days during daylight hours. Their electronics

recycling collection at the authority’s yard waste, Manchester Township,

no fee and no limit, that is held the third Saturday of each month

from 9AM to 1PM.

Councilman Noll said we have been involved with Benchmark program

for over a year, in my humble opinion Benchmark hasn’t done anything

that they were suppose to do. They were suppose to combine the bills,

have us go to one check. So many things, this unfortunately the same

as those other providers, we call it scamming. They are definitely

not doing what they are suppose to, we had trouble at work with

several contracts. We have to find out what we need to do. We had

a representative down here, in July in August. We requested things,

and they didn’t follow up. A motion was made by Councilman Noll

to release ourselves with Benchmark, and go back to our regular

provider of gas and electric. To taylor that to what we need to do,

if we have to give notice, if all we have to do is to notify them

that we are terminating, to do that under the terms of the contract. The motion

was seconded by Councilman Myers. All in favor.

Unfinished Business

There was no unfinished business.

New Business

Councilman Allar said I had a call from a councilperson from a neighboring

borough. He was asking if Dallastown Yoe Water Authority considered on

going with York Water. Are we going to York Water? Does have Patti

have any information? Councilman Myers said there were regular issues

with Red Lion, the councilperson that called from Red Lion, let the water

authority deal with it. Red Lion is still the supplier of water. Discussion


Mayor Sanford asked that Penn Waste be contacted about a Christmas tree

near the address of 254 S. Main Street.

Payment of Bills

Councilman Snyder asked if everybody had the opportunity to look over

Payment of Bills(cont.) Page 18

the bill list, any questions? The additional bills are Ecostruction: $2859.00

(dredging Dec. 2011), Verizon Wireless at $50. 54. A motion was

made by Councilman Allar to pay the bills with the additions. The motion

was seconded by Councilman Myers. All in favor.


A motion was made by Councilwoman Coble Tyson to adjourn the meeting

at 10:22 PM. The motion was seconded by Councilman Snyder. All in favor.