YOE
BOROUGH PG.
1
150
NORTH MAPLE STREET
YOE, PA 17313
The regular monthly meeting
of Yoe Borough Council was held on April 3, 2012
at the Yoe
Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was
called to order
by Council President Sam Snyder at 7:05PM followed by the Pledge of
Allegiance.
Council members in attendance:
Sam Snyder
Seth Noll
Barry Myers
Tom Allar
Wendy Coble
Tyson
Regan
Strausbaugh
Others in attendance:
Sandy Sterner,
Secretary-Treasurer
Dana Shearer, Maintenance
Supervisor
John Sanford, Mayor
Steve Malesker, Engineer
Nicole Ehrhart, Solicitor
Jim Tyson, Resident at 320 S.
Main Street
Minutes
Councilman Snyder asked if there
were any additions or corrections to last month’s meeting
minutes. A motion was made by
Councilman Noll to accept the minutes for March 6,2012
as presented. The motion was
seconded by Councilman Allar. All in favor.
Visitors
Councilman Snyder asked if there
were any visitors that would like to be recognized tonight?
My name is Jim Tyson, 320 South
Main Street. I was wondering with the adoption of the
codes, when and who enforces?
Councilman Noll asked specifically? Mr. Tyson said I know
its spring, grass is about a
foot high, cables holding trees up,chained to buildings, ashes are being
dumped against the back of
buildings, walls are falling down on the avenues. Councilman
Myers asked do you have
addresses for this? Councilman Noll said standard procedure within
the borough is three fold, we
are going around and checking district by district this year around
the town, ten districts. You can
stop up sometime and look at the map and see what we are doing.
Visitors(cont.) Page
2
We are doing that as a pro
active measure. Most code enforcement within in Yoe Borough is
done through complaint.
Complaint means you call in and give a specific address and the
specific complaint, so we can
give it to the proper person. If it’s a police item, they have
to be dispatched them, if it’s a
zoning item, it has to be dispatched through zoning or
code enforcement officer. Mr.
Tyson said so if I give it to a councilperson that would be a
step to start with. Councilman
Noll said the best is to call here or drop something off
so it can be dispatched and it
would be a matter of record. Mr. Tyson said I know things
change. Yoe Borough is starting
to look like York City, PA and Baltimore City. I know
there are thousands dollars
spent on the code, that is why I was wondering on who, how,
or when. Councilman Noll said we
have had several council meetings on that subject,
and that is why we are taking a
pro active approach, we put the town into to multiple
zones and we have specific
things we are looking for throughout the town. Try to stop it.
It didn’t go out in the
newsletter because we didn’t have that issue in the newsletter but
understand code enforcement
takes a long time. Through the legal process of notification
of fifteen to twenty days
compliance, if the people decide not to comply it can be
three four five month process
with the courts then if they don’t comply, then bench warrants have to
be put out for arrest. One
particular resident decided not to mow their lawn so its not perfect
process. We are bound by the
law, it’s a long drawn out process. Mr. Tyson said by the law,
innocent until proven guilty.
York City is doing the right way, they are going to turn your
water off. Councilman Noll said
we are actively trying to get those issues, we have warned
everybody but it takes time. One
particular property that is deteriorating, we have to prove
that, that person is living
there. That is what the law says. Mr. Tyson asked when the
newsletter goes out will everyone get one?
Councilman Noll said yes. Mr. Tyson said I know
that some of neighbors didn’t
get one. Councilman Noll said we didn’t have a fall newsletter.
Mr. Tyson said I thank council
for their time.
Solicitor’s Report
Solicitor Ehrhart said we are
still working on the Claycomb, Quiet Title issue. They
are telling me their client is
going to sign the agreement, they are having a hard time
trying to get in touch with
their client. So I am going to recommend that we not
do anything else.
Councilman Snyder said we have a
few issues for the solicitor.
Councilman Snyder said we
brought up the issue with Benchmark. Nicole had gone
over that. A letter was sent
out, a response was received from Benchmark. They
admitted no liability and denied
all of our allegations, they did send settlement
agreement and release. Nicole
looked over that. Solicitor Ehrhart said I have
no issues with it, standard
release. Once they get the final agreement and payment,
there is no liability or chance
of law suit. Councilman Noll said the first three pages
are the response back, RFP. What
I found interesting, they had a settlement release
attached to it, quick process.
They are several municipalities that I share some
Solicitor’s Report(cont.) Page
3
things with. There are some
municipalities, fire companies that are having problems,
they are getting notices of
shutting off services. Discussion continued. A motion
was made by Councilman Noll that
we accept Benchmark’s response, and fill
out and send back to them the
settlement agreement and general release which
will terminate our agreement
with Benchmark and allow us to put Columbia
Gas and Met Ed bills back into
Yoe Borough’s name and to pay the normal rate
through normal billing
procedures as we have done in the past. The motion
was seconded by Councilman
Allar. All in favor. Councilman Snyder said
motion carried.
Councilman Snyder said I did
speak with Mr. Welch this afternoon. Because the last I heard,
we hadn’t received all our
electric bills. I asked if we could amend our agreement, that if
we see any late fees, that they
would be reimbursing us for those. He looked into it,
we have since paid up those
bills. So as far as he was concerned, except for the March
bill, we’ll all up to date.
There is a late fee associated with the February bill, that is going to
be given back or reimbursed. He
said should be a relatively easy process. He told me
the accounts are in Yoe
Borough’s name, billing address was changed to Benchmark.
Yoe Borough needs to contact
Columbia Gas and Met Ed, to send the bills back to
Yoe Borough Office. Sandy send
this agreement to him, asking him to do that. Councilman
Noll said legally you can’t do
that, someone else can not assume our billing. Councilman
Snyder said he did say he wants
this to be an amiable split up. Discussion continued.
Councilman Snyder said on the
garbage contract, she had sent us a copy of Springettsbury
Township. I only found a few
things that we didn’t have in ours. A notice of violation to
the resident that if for some
reason, if they decide to not pick up someone’s garbage or
recyclables they have to put on
the residents house or on the garbage can as to why
they didn’t pick it up. A lot of
times residents don’t realize why it wasn’t picked up, especially with building
materials, they think its large trash item. I think that would be a good thing
to
include in our contract. The
amounts that are charged or deducted for failure to do, the only one that I saw
that we don’t collect, is garbage not collected per dwelling unit. $25.00. Some
of the others
we do collect and charge
more. And the other one I did see, was
damage or loss of recycling
bins, $15.00 fee. Other than
that, when it came to the nuts and bolts of it, because we pay our
own tipping fees, a lot of that
doesn’t apply. They actually bill out the residents direct. That
is one thing that I would like
to inquire, when we start getting these, I don’t know how
we can do that ahead of time,
when we get these bids. When Scott Wagner, sat there
and explain his bidding, he is
giving us a per unit. A lot of times, like in Springettsbury
Township, they actually bill the
residents themselves. They can go after them civilly. Where
we can’t, if someone refuses to
pay. That’s calculated into their price so if they’re not doing our
billing, shouldn’t it be cheaper
for us. That’s just a hypothetical. I don’t know how to bring
those types of questions up when
you have a sealed bid. That is something we can say we
reject the bid and bid it back
out again. This is what we had the last time, they are getting
all the money for the
recyclables. I think we do need to bid it out both ways, with recycling
and without recycling. So we
know that is still held against them. Solicitor Ehrhart said
Solicitor’s Report(cont.) Page
4
bid it out both ways, where they
do the collection and where you do the collection.
Councilman Noll said would it be
advantageous for us, to have someone like Penn
Waste do the billing. Councilman Snyder said the problem with that, we collect
Waste do the billing. Councilman Snyder said the problem with that, we collect
a municipal service fees. We had
a change up to a garbage fee. Its unconstitutional
to bill municipal service fee
because we were collecting for police and garbage,
we now collect only a garbage
fee. The garbage fee is higher. The secretary said
the property is liened via Jan
Kreidler. Councilman Noll said the other thing is
about waste collection for tree
trimmings and other things that are considered
recyclable. We may want to look
at that as well. Discussion continued. Councilwoman
Coble Tyson had a question of
returning containers back to the property, there
are containers all over the
place. There is no way, that the garbage collector has
put the containers back to the
property, I have stopped and put containers back.
They should start cleaning them
up as well as the additional trash that goes every
where. That’s wrong. Councilman
Snyder said we have that in our contract. The
secretary said you need to call
me and leave me know so I can call the supervisor.
Call Monday before twelve, she
is really good at coming down. They are prompt
on coming down. Mayor Sanford
said the supervisor truck has been in town
for the last couple weeks. Mr.
Shearer said the supervisor is roaming the area.
Councilman Snyder said the only
other thing we would want a 1, 2, 3 year bid.
The last time we did the
contract we specifically had a one year to time it
with Dallastown. That didn’t
work. Councilman Noll said at the end of three years,
we could have an extension
option. It may save money. We have that option.
Solicitor Ehrhart asked do you
want me to make the changes to the contract you already
have. Councilman Snyder said go
ahead. The secretary said I did fax it to you, if you
don’t have it let me know. Solicitor
Ehrhart are you ready to go out to bid. Councilman
Noll said how soon can you have
a draft so we can have a sub committee to look over it
and make recommendations.
Solicitor Ehrhart said a week or two after the holiday.
Councilman Noll said the three
of us can look over that and make recommendations
for the vote at the next
meeting. Solicitor Ehrhart said are there any other changes?
Councilman Noll said grass,
trees, brush any type of vegetation, they can count
that to the report to the state.
Councilman Myers said would it help if the residents
would want totes, keep them from
going to the middle of the street. Councilman
Noll said there was problems
with the last contract at York Township, when it
came up to bid with other
competitors, they said it was an unfair advantage
that they got the contract,
because the new company would have to go out and
replace all the bins. Its in
legal litigation. Be careful with that. Councilman Allar
said we can do an ordinance to
require that. Councilman Noll said we think its
bad when someone hits a regular
garbage can, if they hit a tote it would be bad.
Discussion continued. Councilman
Snyder said for that committee, Barry or John.
Councilman Myers said yes. Councilman
Snyder said a consensus of council has
been determined for the sub
committee.
Solicitor’s Report(cont.) Page 5
Councilman Snyder said as we
speak, we were notified that York County Planning
is meeting tonight and they’re
discussing the Tri Boro Comprehensive Plan and
will be getting back to us on
their recommendations. They sent a letter stating
we didn’t need to be there.
Councilman Allar said part of the process in the municipal
code will be to send out copies
of the plan to other municipalities, school districts and the county and so
forth asking for comments. And give them forty five days. We may get comments,
different
people review it. I seriously
doubt we will get comments from the school district or other
municipalities.
Councilman Snyder said it came
in today from York County Planning, they want council’s opinion if they can
send out the request for qualification statements for the update for the zoning
ordinance.
They sent instructions on what
we have to go through. At this point they wanted to make sure
Yoe Borough is okay with it.
They hope to advertise and send the RFQ to the pre-qualified
engineers next week. If the
borough needed more time to let her know. And if we had
a specific engineer to be
included in that list to let her know and then she’d send a list
of instructions to Yoe Borough.
On what we have to do. Its anticipated services will be
completed by the selected firm
by June 30, 2013. Contract is expected to be awarded by
Yoe Borough no later than July
31, 2012.
Councilman Snyder said we received
our annual report from Stambaugh Ness. Everything
in the paperwork, encountered no
significant difficulties. No significant findings, there
were a few journal entries, that
they adjusted to another account. They found no discrepancies.
I took time when I met with
them, I took that opportunity to ask questions about things
about questions from the past.
You are correct Tom, in that a 501 3 C status costs
$850.00 to apply for. However we
can’t get that, what happens is we are not eligible to hold a 501 3 C
status. Because we are already a
non profit political subdivision. She gave me the criteria here.
Charitable contributions of
government units are tax deductible under section 170.C1 of the
Internal Revenue Code if made for public
purpose. So that answers that question that we
had for donating for the war
memorial and stuff like that. We can put that in our newsletter,
we can reference that for a tax
deduction. As a political subdivision in order for us to be recognized what is
called a determination letter. In order to obtain a letter ruling we must
follow procedures
2012.1 and that fee is
$10,000.00. That is where we need the $10,000.00 to get what is called
a letter ruling on the fact that
we are a political subdivision. Councilman Allar said I don’t agree with that,
I contacted the IRS. Councilman Snyder said she printed it off the IRS website,
we need
to obtain a letter ruling and
follow the procedures attached therefore and fee associated with.
A fee associated with a letter
ruling is $10,000.00 As of January 2012. Councilman Allar said
I spoke with the IRS on this.
Councilman Snyder said I’m just giving you what she found from the IRS. We can
keep that in mind to apply for that at the next round of CDBG grants if we want
to go
for that letter ruling. One
thing I did look through those procedures, needless to say, I think
we would need to ask for besides
the $10,000.00 some legal fees associated with that. Some of
those things are ridiculous what
you have to do. Its not simple as handing them a copy, you
have to certify all of us, you
have to send in, a lawyer has to send their record that they
Solicitor’s Report (cont.) Page
6
are a member of the bar.
Engineer’s Report
Mr. Malesker said I spoke to
Jake about the wetland mitigation project. The conservation
easement was sent to Mike Danko.
I guess our response was, there need to be a third
party. Do you who the third
party would be, like the conservation district or? One
sentence response. If it’s the
conservation district, they will have to do the monitoring.
Councilman Allar said I just
spoke with Jake and he did not mention that to me.
His problem was format. He
didn’t mention anything about a third party, then he
got an email that mentioned the
third party and there was no format. I tried to get
back to him, he was on vacation,
I couldn’t clarify these points. Jake and I will
understand what he is talking
about with a third party. I don’t think we need to be
spending time to discuss it now.
Mr. Malesker said I just wanted to give you an
update on that. Is there
anything you want to discuss about that project, Tom?
Councilman Allar said there is
still no DEP permit. That has hit as snag.
DEP may require a H & H
study, that’s a hydrolic/hydrological study. Which
is to identify any affect on the
flood plain. It costs about $10,000.00 Now when this was originally discussed
with DEP, these items came up. There is another item, a formal certified
letter map revision from FEMA. These
items came up, the people from DEP that were talking to the township,
said there not going to be
necessary. New people came in, new responsibilities. Apparently
there are a lot of people
leaving DEP. Because there is a freeze on, they are not hiring, they’ve
got people doing two, three and
four jobs, which they don’t always understand. So this move
went on to other hands, who are
saying these things need to be done. If that is true, its going
to significantly delay it,
someone the township has to come up with $10,000.00 or there is going
to have to be an expansion of the
growing greener. Sandy got a request
from Jineen Boyle
from the grant center on whether
we wanted to extend our growing greener which runs out
at the end of December, 2012. So
I made some calls. However, it started me thinking here,
it rang a bell, ours is Growing
Greener II, can be extended by the staff, York Township’s
is Growing Greener I, that
requires it goes through the governor’s office. If you remember
last year when the township was
dragging their feet, they ran out of time, and had to
go to the governor’s office for
an extension. They got a one year, one time extension.
That runs out June 30, 2012.
Everyone is scrambling now. We can’t do anything, its
all up to the township. There
may be an end run, an emergency permit, by getting
the emergency permit and all of
those other requirements waived, if we get an emergency
permit then things will happen
quickly. If we don’t get an emergency permit and these
requirements stand , then
they’ll probably run out of time. And if the township is not
getting an extension, the
project dies. If the township’s project dies then our project
dies. More to follow.
Mr. Malesker said I am meeting
with Sam and Seth on MS-4 on Monday to go over
the MS-4. So we’ll talk about
that more.
Engineer’s Report(cont.) Page
7
Mr. Malesker reported I’m
getting the package together for the Church Street bridge
repairs since those repairs are
going to be under $18,500.00. We are going to send
out instructions to bidders by
email and get quotes that way. Trying to time that out
to coincide with the FEMA
project and hopes that we will be getting the same
contractor to do both.
Councilman Allar asked so you are going to be bidding out
the two bridges and the gabion
project? Mr. Malesker said Church isn’t going
to be going out for public bid.
That’s quote. And then Mason we can use the
equipment/ materials contractor
to do Mason if you want, or that can be bid too.
I don’t want to bid that at the
same as the FEMA project, I did not want to mix up
any contracts, I wanted to make
a distinct separation of what is the FEMA work and
what’s Mason. Councilman Allar
said when you say, using the same contractor?
We are going to have to pay
multiple mobilization fees? Mr. Malesker said they
are going to be distinct
projects within themselves if we use the equipment/materials,
there is no mobilization fee.
You are paying for your equipment rental. You save
money that way by doing it,
depending who gets you equipment, I am sure they
will be able to do it, its
fairly simple. It saves on engineering doing it that way.
You want us to bid it we can.
You save several thousands dollars by not having
to put this up for bid.
Councilman Noll asked when will
be know when equipment bids will come in?
Mr. Malesker said that is next,
I have attached a schedule to the engineer’s
report. Tonight I’d like to get
your approval to advertise those. Next week at
the Dallastown meeting, I’ll get
approval from them to advertise as well.
First advertisement will be
April 16th and bid opening will be April 30th.
That first meeting in May I will
have recommendations. The contract would
begin June 15, 2012. I did
talked to Dana and Seth, they gave the needs,
Rip/rap, similar bituminous
material as Dallastown, all of that is in there,
all the equipment. A motion to
approve advertisement of the joint material
and equipment bid with
Dallastown by Councilman Myers. The motion was
seconded by Councilwoman Coble
Tyson. All in favor. Councilman Snyder
said motion carried. Mr. Malesker said we will know by May, who
the
equipment contractor will be. We
can discuss. The secretary asked about
the advertising cost. Mr.
Malesker said that should be split. Dallastown
should forward that.
Mr. Malesker said I wanted to
get some clarification with the FEMA,
they are going to pay 100%?
Mayor Sanford said 75% is coming out
of FEMA the remaining 25% is
coming out of PEMA. That is voice
confirmation. Councilman Snyder
said that’s different than the 10% that was.
Mayor Sanford said we are done
with our application process. Dana
did a lot of work, Sandy and
Barry. Mr. Malesker said we did submit
the permit for that, DEP
required a GP 11, which is used for repair
and replacement of the bridge.
They wanted the GP 11, we signed it
Engineer’s Report(cont.) Page
8
and resubmitted. Then at next
month’s meeting I’ll get approval to
advertise for that project. The
contractors that had put the prices in,
several of them put in their
quote that they prefer to do the project in
the summer time so if we bid
that, we can open bids in June. The stream
may be a little lower. That is
the hope. Next month I’ll be asking for
approval.
Mr. Malesker said I wanted to
check with Seth on the meeting with York
Township. Councilman Noll said I met with her about a week and half ago.
Township. Councilman Noll said I met with her about a week and half ago.
What it comes down to, York
Township has a current set of ordinances,
they are updating their
ordinances. Part of that, will be approved, May,
June at the latest. We want to
hold off the purchase of the Reidel property,
until the new ordinances come
into effect. They have a streamlined process,
that will greatly reduce the
requirements for this. They are looking at a reverse
subdivision, the easiest thing
to do everything with an out right property
purchase. She put in here, I’m
waiving the fees for submittal and any initial
review. So as far as the fees,
they have waived all those fees. Depending on meetings,
I should have no problem with
attending those meetings. I have already talked
to the public works director and
when they review these types of things, they
have the ability to say oh while
you are there, as an improvement we can do
something to the intersection or
to the sidewalk, He agrees that is not advantageous
to this project. As soon as I
get that wording, its only in draft form. When I get
that I will email the
requirements. It’s a lot realignment. I can represent us, it
will go to the zoning hearing
board and then the board. There may be a few waivers,
its standard stuff. The staff is
behind. I explained that by doing this project,
it will impact the fees that
they pay for maintenance. I did talk to Scott on those
maintenance items. The secretary
said the check was sent and deposited today.
Councilman Noll said he is
willing, Dana if you need pumps, he is willing to donate their pumps. Dana
you need contact Scott directly.
If you want to do that, the door is open. Councilman Snyder
said when are planning on having
these ordinances? Councilman Noll said they are hoping to
have everything adopted in May,
worse case scenario is June. Then it will be a thirty day from
date of approval. Councilman
Snyder said so we have to wait to after the effective date.
Councilman Noll said then its
about a three month process with all the approvals. By September
we should have all we need. The
new rules are very advantageous, minimum lot approvals.
He may not have a saleable lot
if we do it now. Councilman Snyder said is there something
that we need to do at a legal
basis, we can call him and let him know what is going on.
Councilman Noll said in the
meantime we have full access across that property, we have
a current understanding. Do you
have a legal description? Solicitor Ehrhart said if I don’t, I’ll email you.
Are you doing a payment or lump
sum? Councilman Snyder said a lump sum. Solicitor Ehrhart said I am going to
give us nine months, sale condition on reverse subdivision is completed.
Councilman Noll said he’ll understand we are working through another
municipality. Councilman Snyder said our timeline will be not until July until
we can apply, he will be accessible at that point, reverse subdivision
will be part of that application
process. Make sure its in the agreement. Councilman Noll said
Engineer’s Report(cont.) Page
9
he may have to go to the
supervisor’s meeting. Councilman Snyder said Kevin did say,
they are in the process of
getting the property signed over to him and his sister. Councilman Noll said
get that information then to Nicole. A motion for the solicitor to draw up that
sales agreement
by Councilman Noll. The motion
was seconded by Councilwoman Coble Tyson. All in favor.
Councilman Snyder said motion
carried. Councilman Snyder said to help out with the treasury,
my thought was that engineering
can come out of the budgeted engineering, solicitor is under
the budget too, for actual
acquisition, fund that were not part of the budget were the cable
franchise fee, that was suppose
to go back in to replenish the capital reserve. Since that is still
floating out there. The
secretary said one quarter of the franchise fee has been put into the
capital reserve fund. Councilman
Snyder said by September timeframe we should have
at least two more payments. My
thought was have it paid out of cable franchise money.
Councilman Noll said Citizens
Bank is looking at closing government accounts. The
secretary said your long term
savings is at Members First. A motion was made by Councilman
Allar to pay for the land
acquisition out of the remaining cable franchise fees for 2012. The motion
was seconded by Councilman Noll.
All in favor. Councilman Snyder said motion carried.
Councilman Snyder said we
received notice, there is workshop scheduled on dam safety.
It goes over laws, regulations,
operations, safety, etc. Is this something C. S. Davidson
that we would like to send on
our behalf? Twenty five dollars registration. Mr. Malesker
said it is very possible we
might have someone going, I will have to check, I’m not sure.
Councilman Noll said maybe you
would want to send one of us. Mayor Sanford said
Dana and I could go. There is
information on emergency management. A motion
was made by Councilman Noll to
expend funds to send Dana Shearer and John Sanford
to the dam safety workshop. The motion was seconded by Councilman Myers.
All in
favor. The workshop is May 2nd.
Councilman Allar said for
information only, I have been going back and forth to Harrisbug,
as part of the Joint State
Committee. It is looking at proposed new legislation in the
Municipal Planning Code to
reduce regional impact for municipalities hosting new
development. This is the final
report. In here is proposed legislation The first 110 pages is
background. On page 111 is the
actual proposed legislation. In here are threshold that the
developer would have to process,
he will have to be responsible for certain impact studies
to be done. Then that will
follow with mitigation plans based on those impact studies at his
expense. I mentioned it to C. S.
Davidson and other engineers. This is my only copy, I’ll leave it
here. If you want copies I will
get you in touch with the people. I think there is a better
than even chance it will go
through.
Maintenance Report
The maintenance report is now
part of the minutes
Mr. Shearer said with the park,
there was some vandalism to the doors at the rest room,
I did file a report with York
Area Regional. We got it on video, forwarded copies to
them and gave a copy to John. He
is working through is channels to figure out who
Maintenance Report(cont.) Page
10
the young persons are. Two
classrooms debolts are recommended with five keys.
Councilman Noll said classroom series is that you need a key to operate it at all times.
Councilman Noll said classroom series is that you need a key to operate it at all times.
Discussion continued.
Mr. Shearer said vacation day is
April 20 and on April 23 I will be off and work four
ten hour days to make up my
time.
Councilman Allar said what is
the void in the basin? Mr. Shearer said there is a small
void at the spillway that is on
the back side of the spillway right there by the creek.
Steve had stopped in and took a
look at it and gave me direction. We are going to
work that into the project along
the creek.
Councilman Noll said one thing
Dana not sure if it applies to anyone else.
I don’t know if you have a CDL
or not. I will assume you do. People that work
for municipalities are medical
card exempt. Mr. Shearer said because we don’t have a CDL truck,
I haven’t had a medical card. If
we would rent a truck, then that might apply. I kept
my CDL but I don’t have a
medical card. Councilman Noll said if you decide to do that,
you are medical card exempt for
the municipality. You would have to register online with
the DMV.
Councilman Snyder asked about
street sweeping? Mr. Shearer said hydraulic work was done to the sweeper. Dallastown
test ran the machine down Main and George Street areas for several hours
to make sure machine was working
well. They will bill us in the regular sweeping bill. The rest of
sweeping will occur at the end
of April, beginning May. With MS-4 and the amount of litter its
still a good idea to do sweeping
once a year. Once I get the date I will get it out there. Councilman
Snyder asked when you get that
date, let the mayor know for the police and I will let Joli from the
newspaper know also. We never
got confirmation that the police changed the parking tickets,yet.
Mayor Sanford said he will
contact the police.
Mr. Shearer said the signs are
up at the park.
Mr. Shearer said Dallastown and
Red Lion are amicable at splitting cost of repairs on the
sweeper.
Councilman Snyder said I saw
this information and the emails about 53 N. Church are you okay with property
maintenance at this point, are you on schedule? Mr. Shearer said yep.
Councilman Snyder
said citations for failure to
pay? Mr. Shearer said we are coming up on it.
Councilman Snyder said
nothing to pass on to code
officer. Mr. Shearer said I talked to Nicole about 53 N. Church Street.
Zoning and Code Enforcement Officer’s Report
Councilman Noll said last month
the code enforcement officer couldn’t make it, Patti Myers
introduced herself to council.
Councilman Noll said Patti was hired by the borough. She
Zoning and Code Enforcement Officer’s Report(cont.) Page 11
has done her second area of the
town. What we asked Patti to do, we asked her to give us
a disc, to contain photos and
letters she had done during that month. The disc to be kept
in the safe. We had some letters
on grass. Mrs. Myers said there were some properties
that were borderline, I am
waiting a few days. Trying to be consistent. Everything should
come in through the office or
the mayor. We had talked to Patti and with our meeting
to Red Lion, there are some
things that a code enforcement can’t do but in zoning its
the same process as code
enforcement. So it was suggested that Patti become an assistant/deputy zoning
officer. Patti didn’t have any objections. Councilman Noll made a motion to
appoint Patti
Myers as our assistant/deputy
zoning officer for Yoe Borough. The motion was seconded by
Councilman Allar. In favor:
Councilman Snyder, Councilman Strausbaugh and Councilwoman
Coble Tyson. Abstaining:
Councilman Myers. All in favor. Councilman Snyder said motion
carried. Councilman Noll said if
anyone sees anything that they’d like Patti and I to work on,
please let me know. Eventually I
have this in my mind, is to get on excel spreadsheet a listing
of all the properties in town
better than what we have now, where we can start listing violations.
Keep it on the computer the
properties we have problems with and to scan in your reports. This makes it
easier to get quick access. Discussion continued. Councilman Snyder said for
clarification purposes,
by appointing her as the deputy
zoning officer we weren’t expecting her take on zoning responsibility,
nor take on responsibility if
Dan isn’t here for zoning, its merely for these issues, for example if
we have unlicensed unregistered
junk vehicles, that is something that is being addressed in our
zoning ordinance. As a code
officer, she would get that complaint of an unlicensed vehicle,
she can’t deal with that because
its in the zoning ordinance rather than a codified ordinance of
conduct. That’s why we have the
CDBG so we can redo this zoning ordinance, we will be getting
things like that out of zoning
and putting it into its own ordinance for codes of conduct. But until
then she needs some way,
otherwise we would be bringing Dan in for things like unregistered
vehicle which is clearly more a
codes issue. Councilman Noll said it really be land use issues,
special exceptions, legal side
of things for Dan and zoning. Councilman Allar said I talked to
Dianne at Red Lion ,she has no
problem with our use for Dan right now.
Councilman Allar said I was going
through some papers, I found the Labor and Industry audit.
They had eight to nine findings,
one was at the tenant at Cottrell’s property for auto sales.
Did anyone follow up on these
findings? Councilman Noll said legally we can not force them
to correct those issues. It’s a
report of finding. It was an audit of the municipality’s permits.
They revoke the license of an
individual for repetitive violations. In my opinion, both
parties have looked at it. I
don’t know if we have down our zoning, when the permit was issued.
Unfortunately, as in Cottrell’s,
probably a lot of those things are beyond the permit. You can
be cited unfortunately for ADA
issues. I would recommend that we take that as a grain of salt, I understand
what the issues were. Councilman Allar said they were telling us to do
something,
I just wanted to make sure we
were.
Councilman Snyder asked do you
have any questions, Patti? Mrs. Myers said I need some supplies,
do you have a tax exempt form?
Councilman Noll said Sandy can get you that. Councilman Snyder
said feel free, if you contact
her ahead of time, she can add stuff to her order. The secretary said
she will put it in your mail
box.
Emergency Management Report Page
12
Mayor Sanford said there is a
quarterly meeting scheduled April 11. Rodney and I
were planning to attend.
Mayor Sanford said Dana and I
were trying to locate and cost out an emergency generator.
I have a lead on one, maybe
reasonable in acquiring. I’ll continue to work with Dana on
that. It would be for this building,
natural gas. Councilman Noll said let me know if you
need a pad. Mayor Sanford said
and probably some small electrical work.
Councilman Snyder said to make
note, this class that the mayor and Dana are planning
on attending, it does talk about
the EAP and flooding. Calculate that into training
for EMA purposes as well.
Mayor Sanford said I need you to
get those NIMS 700 courses done.
Councilman Snyder said we
received correspondence from UGI asking for public
awareness programs and
implementations and asked our support in going to the
address that they provide to us
in the form of a survey. That was completed.
Councilman Snyder said York
County Planning sent correspondence for a risk
assessment survey. I filled that
out three times now.
Mayor and Police Report
Mayor Sanford said my report is
in front of you.
Mayor Sanford said some
highlights on the report, in response to council’s request
for more speed enforcement. In
the month of March, individual cars have done
speed enforcement. On the 1st,
16th, 20th, 23rd, 25th, 27th
,28th and the 29th. We got
together, there was some grant
money that were waiting to become available. That did.
We did a detail on Thursday of
last week, we started at 3:45PM, it lasted two hours.
During that time we cited 21
people. The highest speed that was written was 49MPH in
a 25MPH zone. We’ll do that
again at a different time of day. At the beginning we
ran five chase cars, they will
not sit more than five minutes at any time. The highest
speed was going up hill. Councilman
Snyder asked did you get clarification? Mayor
Sanford said Regional is writing
fifteen and above. They asked if that was permissible,
and I did okay that. Councilman
Allar asked is that a written policy? Mayor Sanford
said within Yoe Borough they are
going to write fifteen and above. I just dealt with
Yoe Borough. Councilman Allar
said can we pull that data on how many people
got arrested or got summons?
Mayor Sanford said I have an email to that affect.
I specifically asked for written
documentation. Councilman Snyder said is that going
to be for the month of March?
Councilman Myers asked how are you going to do that,
where will that information be?
Mayor Sanford said I’ll attach that to my records, I keep
borough files each month, and
police files each month. Councilman Snyder said if
Mayor and Police Report(cont.) Page
13
put as part of your report, its
part of the minutes. Mayor Sanford said I’ll write
that up next month.
Mayor Sanford said I had some
concerns at the stop sign at Broad and Poplar.
So we’ve been watching that.
Mayor Sanford said we also had
some correspondence on heavy truck traffic
and bus street on Broad Street.
Councilman Myers said one was lost looking
for the salvage pick up at the
House of Windsor. The street is posted.
Mayor Sanford said I have
meeting with District Justice Laird on citing
for large trucks on the street.
Mayor Sanford said all the FEMA
paperwork has been signed. We should
see action in about thirty days.
I signed the second set on March 21st.
The secretary will check with
the bank. Councilman Myers said John should
get notified.
Mayor Sanford said I did some
training with the Department of Justice on the
Amber Alert. That will tie into
emergency management. Yoe Fire Company
Special ATR was asked to be part
of the county’s child abduction task force.
Mayor Sanford said thank
you to Councilman Strausbaugh on the
kick ins
at the park.
Councilman Allar said the York
County Borough’s Association meeting?
Mayor Sanford said I had a
conflict, and Councilman Noll couldn’t make it.
Councilman Allar asked if he
would be left know if the mayor can’t make it.
At the last meeting they were
going to give $150.00 to Yoe Borough for
the PSAB meeting.
Secretary’s Report
The secretary reported that we
received our liquid fuels allocation April 2, 2012
in the amount of $19, 342.02. It
was deposited on April 2, 2012 to the state
road fund account.
Letters were sent to
Representative Miller and Senator Waugh on the Keystone
grant.
We purchased for the borough office
a Brother printer, fax and scanner combo.
My Epson printer died about two
to three weeks ago. From now on, it will
be in the storage room. The old
fax machine was given to tax collector for
local call faxes.
Secretary’s Report(cont.) Page
14
We received the dam maintenance
money for 2011 from Dallastown and York
Township.
Councilman Snyder said other
items, we received the 2011 Community Report from
Yoe Ambulance. There were 63
calls to Yoe Borough out of total of 4043 that were
responded to.
Councilman Snyder said we also
received acknowledgements from the library
and senior center for our annual
donation.
Councilman Noll said I want to
thank Sandy for all the hard work for the audit.
Unfinished Business
Mayor Sanford said I can not
tell which month we brought this up, we sent
a letter to a resident at the
corner of Pennsylvania and Church. There was parking
situation there. That has not
been resolved. They continue to park one of the
vehicles right on the corner. We
need to deal with that. If we need to get some
emergency equipment up there,
its not going to happen. Councilman Noll asked
is it painted for no parking?
Mayor Sanford said no. The way the intersection
is constructed, how much footage
Dana? Mr. Shearer said its about 25 feet
total width. They are probably
parking on about five foot of shoulder. It’s the
location, right at the top of
Church where you turn unto the upper section of
Pennsylvania. Mayor Sanford said
when you drive by you look up Church, its
the vehicle right in front
there. Councilman Noll said what do we have to do,
is that something we can do with
a traffic study? Mr. Shearer said there’s
within fifteen feet of an
intersection, or twenty five, you probably get them
ticketed for parking there. If
you want to paint or stripe it, you are going
to have put an ordinance on it.
Councilman Myers asked if the car is in the
cart way of the road? Mayor
Sanford said about half. Mr. Shearer said they are
not doing anything different
than any other resident of that street. It’s a matter
of no off street parking. Mayor
Sanford said I’m concerned of the public safety.
Mr. Shearer said since we are
quiet titling that land, and if we construct
a parking lot. That would be
best solution, if and when you construct that, is
to dedicate a space or two to
that house and assigned it as such so we can
clear the intersection. There is
no where for them to go. Councilman Snyder
said once we attain that land,
is to put stone there to widen the curve even
if its only temporary. Mr.
Shearer said you have to relocate a Verizon pole.
Pole sits on the corner. Discussion
continued. Mayor Sanford said Dana
and I will work on restriction.
I may write another letter. Discussion
continued.
Unfinished Business (cont.) Page
15
Mayor Sanford said during last
month’s meeting, there was discussion on rental
of the park for a fire company
fund raiser and there was also discussion on
paying Gail. That was brought up
and a motion was made. The fire company will
pay that fee. Councilman Snyder said a request was made by
the fire company to
help them out for that, I signed
that for the temporary license.
New Business
Councilman Myers said the ATR
truck is sitting out here. I was asked to find out
if the borough would have any
issues, they are talking about putting the back of
the truck behind the salt bin to
use it for training. Mayor Sanford said I don’t know
if that is going to go anywhere,
I’m not in favor of that. Councilman Myers said
it won’t be a vehicle then. I
was told by the chief to ask. Councilman Allar said
are you talking about the salt
shed, aren’t you concerned about vandalism?
Councilman Myers said to use it
for training. Councilman Allar said it’s not
very visible.
Councilman Noll said if everyone
is okay with it, Red Lion is in discussion and
showing interest in
participating in and providing money for the dam maintenance.
Is there a problem if I
entertain discussion? We may be able to bring Red Lion in.
Councilman Snyder said there is
a consensus of council to proceed with that.
They may only want to do a
contribution. Councilman Noll said that is what
we are trying to do. I’ll
explore it. Discussion continued. Councilman Noll said
we are short listed for the
trail money, and I let Dianne know we are trying to
acquire that land for parking.
Payment of Bills
A motion was made by Councilman
Myers to pay the bills as listed. The motion
was seconded by Councilman Noll.
All in favor. Councilman Snyder said
bills
are paid.
Adjournment
A motion was made by Councilman
Strausbaugh to adjourn the meeting at 9:21PM.
The motion was seconded by
Councilman Snyder. All in favor.
