Friday, June 8, 2012

Yoe Borough Council Meeting Minutes - May 1, 2012

                           YOE BOROUGH                                  PG. 1
                  150 NORTH MAPLE STREET
                           YOE, PA   17313

         The regular monthly meeting of Yoe Borough Council was held on May 1, 2012 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting
was called to order by Council President Sam Snyder at 7:02 PM followed by the
Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
Tom Allar
George Howett
Wendy Coble Tyson
Regan Strausbaugh

Others in attendance:
Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance Supervisor
Steve Malesker, Engineer
Nicole Ehrhart, Solicitor
Mark and Braedon Erne, Boy Scout Troop 43 and residents


Councilman Snyder asked if everybody had an opportunity to look over the minutes from
the prior meeting, any additions or corrections. Councilman Allar said on page 6, fifth
line from top, Councilman Allar said I just spoke with Jake and he did not mention that to me. It should be Mike Danko. And then on the next line, it states he didn’t mention anything about a third party, then he got an email that mentioned the third party. Actually
he should be changed to the borough got an email. That’s all I have. Councilman Snyder
asked any other additions or corrections?  A motion was made by Councilman Noll with
the noted corrections the meeting minutes of April 3, 2012. The motion was seconded
by Councilman Allar. All in favor. Councilman Snyder said minutes accepted.


My name is Braedon Erne, I’m life scout with Troop 43 in Dallastown. I live right up
the street. I’m starting on my Eagle Scout project and I was wondering if I could
do something within the borough. Councilman Noll said I had received a phone call
about four weeks ago, told him to try to get some ideas together and come to the council

Visitors(cont.)                                               Page 2

meeting. Try to collectively think of something, I know you had expressed something
about the ball field about doing a project up there. Mr. Erne said I apologize for not
calling about attending the meeting. Councilman Noll asked do you have any ideas?
Mr. Erne said obviously there has been more, time and money spent at the other
park, some of the ideas were relative to what had been done at Yoe Park. I know
that through Cougar I know that changes are going to be happening at the field here.
So we are limited at what we can do around the baseball season, with leveling the
field, so we are limited there. Part of the repair of the dugouts was done last year.
The sign or score board, trying make that nicer along the base line. Braedon Erne
said I noticed that at the park, there are benches up there. At the other field there
are no benches, to watch the kids. Councilman Noll said council would be very interested
with working with you, if there is a project you would put it down on paper so we
can take a look at it. Councilman Allar said something that is popular with kids now
is Frisbee golf. It would be up at the park. Put that down on your list. Mr. Erne said
its hard to determine exactly where to park at the ball field, you pull in as far as you can.
Many cars can get hit. What improvements can be done to so people know where to park.
Councilman Noll said if you want to get some ideas together, I’ll give you a business
card. More than happy to work with you, get ideas together. Do you have a contact phone number? Braedon Erne said my contact phone number is 717-891-4147. I’m with Troop
43 in Dallastown. Councilman Snyder said thank you for considering us for your project.
Good luck.

Solicitor’s Report

Solicitor Ehrhart said the first thing is the ordinance that was advertised for adoption.
Councilman Snyder said after the last meeting, if you recall, the Pennsylvania
Municipal Retirement that we discussed back in February, we knew it was coming,
it came the next day. They sent us the paperwork that their solicitor prepared with
the new ordinance that we have to adopt along with the new agreement that we
have to adopt. It was forwarded on to Nicole for her peruse. Its ready for tonight.
Any questions on that? A motion to ordain Ordinance 2012-03, an ordinance
of Yoe Borough, York County, Commonwealth of Pennsylvania, electing to
amend its municipal pension plan as administered by the Pennsylvania Municipal
Retirement System pursuant to Article 4 of the Pennsylvania Municipal Retirement
Law. Agreeing to be bound by all provisions of the Pennsylvania Municipal Retirement
Law as amended and as applicable to the member municipalities by Councilwoman
Coble Tyson. The motion was seconded by Councilman Noll. All in favor. Councilman
Snyder said so be it ordained. A motion to sign the new agreement for the municipal
pension plan as prepared by the Pennsylvania Municipal Retirement System by
Councilman Noll. The motion was seconded by Councilwoman Coble Tyson. All in
favor. Councilman Snyder said so be it approved.

Solicitor’s Report(cont.)                              Page 3

Solicitor Ehrhart said the next item was the garbage contract. What you
currently have needs to be updated to make it applicable for the new contract,
incorporating some of the changes you discussed at your last meeting. Not
sure if anyone has comments or anything additional? Councilman Noll said
you said we need to update our current ordinance for the recycling portion for
the brush. Solicitor Ehrhart said yes, the scope of your contract basically tells
the waste hauler that they need to collect refuse or recycling according to
the code of ordinances. I looked at Chapter 20 of your ordinances, if you want
to do brush as you talked about, you might want to consider updating the
ordinance. It doesn’t have to be spelled out in your contract, but you are
referencing the terms from your ordinance. You may want to consider
amending your code. Councilman Noll asked do we need to do that before
we send the contract out for bids? Solicitor Ehrhart said that would be the
timeline that I’d propose, so your waste hauler knows. Shoot do adopt
that for the June meeting. You would have plenty of time. If that is what
you would want to do, we can go ahead draft the ordinance amendment.
And advertise it for June adoption. Councilman Snyder said as part of our
MS 4 meeting with C. S. Davidson, we found out things are changing
with our permit as of next year. We will be bound by March 2013 to
March 2014. One of the things we put in for the permit, trying to eliminate
things getting into the storm water. One of the things we discussed is
clippings, like this, are eligible and is pro that we can show for our MS 4
permit. So while we haven’t necessarily agreed to keep recycling, cause
we haven’t seen any contract bids come in, weigh out the difference.
How much difference between with recycling versus without recycling,
we now have the added bonus. If we include grass clippings that helps out
with the MS 4 compliance. My recommendation is to get into the ordinance
as a recyclable. We are bidding the contract with or without recycling. Councilman
Noll said things like street sweeping help also with MS 4. Councilman Snyder asked if the recyclables are designated by resolution that they can be amended from time to
time by resolution instead of having to be in a ordinance every time you have to
change recyclables. Solicitor Ehrhart said we can put in there by resolution as amended
by borough council by resolution. Councilman Snyder said then we do need a resolution
then adopting the recyclables. In other words, you do an ordinance saying you are now
setting them by resolution, that now becomes the new ordinance and then you set
them by resolution. Councilman Noll made a motion to amend the ordinance to add
those items under recyclables, and to set up the resolution that defines what our current
recyclables are. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. Solicitor Ehrhart said do the ordinance, then
in June have bids go out for the new garbage contract. Councilman Allar said
awhile back you mentioned you were talking to Wrightsville. Councilman Snyder said
they were not interested. The biggest issue was they didn’t have a front end loader for
the dumpsters.

Solicitor’s Report(cont.)                                          Page 4

Councilman Snyder said we received the fully executed agreement back from
Benchmark. As of this last billing statement, the late fees that were associated
with that, still haven’t been taken off the billing. We sent the email out at the
middle of the month, they acknowledged that Liberty Power is reimbursing
the late fee, we are just suppose to pay the bill. Eventually Liberty Power
will reimburse the late fee, we just got the last bill and they are still on there.
The agreement says we are done, and we owe them $125.00. We can keep pushing.
A motion was made by Councilman Noll to hold the check per the executed
agreement for $125.87 upon the final resolution of the late fees from Liberty
power. The motion was seconded by Councilman Allar. All in favor. Councilman
Snyder said motion carried. We can use the logic that its not a fully executed
agreement until the late fees are taken care of. Solicitor Ehrhart said to
send a copy of the bills with the late fees on it to them.

Councilman Snyder said for your information, its eluded to in the maintenance
report. Dana was going to contact Nicole on 53 Church Street. The letter was
drafted and sent out regarding the septic tank at 53 N. Church Street. Mr. Shearer
said I talked to him today. Wondering why he was associated with this, since it
was a previous problem. I told him it was a new problem, it’s a safety issue.
He needs to correct it. When he gets a plumber or a contractor, we can meet out
there and I’ll show him where he needs to dig.

Councilman Snyder said follow ups with the Riedel property with the agreement and the
quiet title issue.

Executive Session at 7:34PM

A motion was made by Councilman Noll to go into executive session at 7:34 PM.
The motion was seconded by Councilwoman Coble Tyson. All in favor.

Meeting is in recess.

Reconvening of meeting at 8:19PM/Solicitor’s Report(cont.)

Councilman Snyder said we are reconvening the regular meeting. Let the record
reflect that in executive session we discussed legal issues. At this time I would like
to call for a motion.  The motion was to give Mr. Riedel two weeks to sign the
fore mentioned agreement for conveyance of that property and at such time if
he chooses not to sign to the agreement President of Council has the authority
to contact the engineer to move forward with the appropriate measures to access
our easement that we currently have by Councilman Noll. The motion was seconded
by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Solicitor’s Report(cont.)                                          Page 5

A motion was made for our engineer to check our storm water ordinance and our
screen buffering ordinance in as so much as it applies to subdivisions as well as
our solicitor to check for subdivision law by Councilman Howett. The motion
was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder
said motion carried.

Engineer’s Report

Mr. Malesker said I sent Jake an email to find out if there is any status change
on the York Township project and I didn’t hear back from him. Councilman
Allar said last month I mentioned that the new people at DEP had made
new requirements on the HHH, $10,000.00 study. Our project is one of many
projects that has been held up. As it turns out a lot of noise has been raised,
and DEP is backing off on some of the requirements. They still want a study
of pre and post water levels, to see if that will affect the surrounding properties.
However it’s a less complicated study. And money is in the Growing Greener
Grant for that. Aquatic Resources has all the data. I also mentioned that
the Growing Greener for York Township was running out on June 30, 2012.
York Township has requested an extension. The first one they got was a one
time extension. Its possible that this report from Aquatic Resources, help
to get the permit and we’ll be off and running. As the back up they are trying
to get the extension if that doesn’t happen. I mentioned last month, Mike
Danko wants a third party holding the easement. It looks like he will be
satisfied to go with something like Conservation District. If thing becomes
a big rush and gets completed by June 30th, I’d like to send a letter to
Conservation District, unless Jake comes up with something better. A letter
asking if they are okay with the third party. Then their acceptance letter to
get up to Mike Danko to be added to the easement that he already has. Then
he should be satisfied. A couple other items, I’ve been talking to local,
county and state people, about the Mill Creek Watershed. This involves
the head waters, the whole Mill Creek. The idea being we could put a project
in there at some point, that that the study would support revamping the basins.
Making them into a self cleaning mechanism, which would save us a fortune over
the next ten to twenty years. With some reengineering, we could possibly get
more capacity. Jake has found something. The Alliance for the Chesapeake Bay
would be applying for a National Fish and Wildlife Federation Grant for implementation
of a project in the Mill Creek Watershed. It’s a federal organization. We wouldn’t have to deal with matching. The grant would be less than $200,00 up to $750,000. Our proposal
would be for under $200,000.00. Our project would be to do a detailed assessment
of Mill Creek, and development a best management project, and identify priorities.
A letter from support would like be received from the borough and have a representative
from the borough to attend partner meetings. Date of application is 5/16/12. I would
like to put together a support letter. This is another opportunity that we shouldn’t miss.

Engineer’s Report(cont.)                                         Page 6

Councilman Allar made a motion to draft a letter of support of this application.
The motion was seconded by Councilman Noll. All in favor. Councilman Snyder
said motion carried.

Mr. Malesker said MS-4, Derek Rinaldi, Sam, Seth and I went over things that will
be in this year’s report which is due next month. I know Sam had sent some stuff

Mr. Malesker said we did get comments back on the EAP. They had sent an example
and we followed the example and they still want changes. I will work with
the mayor on that. Councilman Snyder said this is an ongoing thing, why don’t we
just do it next year, we gave them what they wanted. Are these recommendations
that you have to incorporate, or are they just recommendations and we can just say
thank you very much and we’ll do our own thing. Mr. Malesker said  they are
recommendations that they require for them to approve your Emergency
Action Plan. As it stands right now you don’t have an approved Emergency
Action Plan. We submit the EAP every year when we do the basin reports.
That’s why it comes up. It went a period of years, it was approved in 2008, then
they wanted a different inundation map, so we did the map to show what
they wanted. Councilman Snyder said we are getting to the point where we are
spending engineering money here, I don’t know what time John has put into,
probably a lot, then you give them what they want then they turn around and
change it. Mr. Malesker said a lot of this stuff its not going to take a whole lot
to meet their recommendations. Discussion continued.

Mr. Malesker said last month I was authorized to send out for quotes for the Church
Street bridge repairs. We got six quotes back. The lowest was from Keystruct
Construction for $11,370.00, highest was Bill Anskis at $17980.00. For the
CDBG we applied for and for what we budgeted for was $18,000.00. There
is a lot of people looking for work. I’m happy with the prices we got. So since
this is within the budget I recommend that we award Church Street repairs
to Keystruct Construction at their quote of $11370.00. We already have
the DEP permit. Discussion continued. A motion was made by Councilman Noll
to accept the bid from Keystruct Construction as above mentioned. The motion
was seconded by Councilman Howett. All in favor. Councilman Snyder said motion
carried. Mr. Malesker said will contact them. Councilman Noll asked Mr. Malesker
to let him know.

Mr. Malesker said last month we had approval to advertise the equipment and
materials bid. This was a joint venture with Dallastown Borough. The bids
are in and there is a summary attached to the engineer’s report. The low
bid for the crush aggregate was from York Building Products, low bid for
bituminous materials for 9.5 and 25 mm bituminous was Kinsley. Low bid
for equipment rental was Fitz and Smith. There were no bids for snow removal,

Engineer’s Report(cont.)                                                     Page 7

water materials. Low bid for milling was Recon Construction. This will be contingent
on Dallastown doing the same at their next meeting which is May 14th. I recommend
award to all the low bidders as mentioned above. I talked with Tim at Fitz and Smith
about the Mason Avenue culvert whether they can do the tow walls and replace the
walls down stream with the K rock. He felt totally comfortable in doing that work,
so that is going to save some engineering, we aren’t going to have to put that out
to bid. Give it directly to Fitz and Smith to do that. You can still bid it if you like
to. Same for any paving project you have, Fitz and Smith will be able to do that.
We said various projects as directed by Yoe Borough. We did the general equipment
rental. A motion to accept the low bids as presented based on approval of Dallastown
Borough was made by Councilman Howett. The motion was seconded by Councilwoman
Coble Tyson. In favor: Councilman Snyder, Councilman Allar, and Councilman Strausbaugh. Abstaining: Councilman Noll. Councilman Snyder said motion carried.
Mr. Malesker said Dallastown will sign it first. The current contract that Fitz and
Smith is under will expire on June 15th. Councilman Noll said so then after June 15th,
we can start on the bridge. Mr. Malesker said yes. Mr. Shearer said some of
neighborhood children have been down there messing with the walls downstream
at Mason. Its been going, it’s a project that is right there at the top. Councilwoman
Coble Tyson said the concern is that school is soon going to be out, children
are going to have full days available. It really looks bad now. Mr. Shearer
said if someone would approach the property owners to keep them out of there.
Councilman Noll said the nice thing will be the K rock. Discussion continued.

Mr. Malesker said the last thing I need is approval to advertised the gabion repair
project. This is the project that FEMA will be funding. That will be advertised
for next month, bids will be opened before the next meeting, we will award that
at the June meeting. Hopefully the contractors we got amounts from before, will
stand by their quotes. Councilman Strausbaugh asked have we looked at any
options besides the gabion baskets. We have a channel going through town, has
any one talked to Jake Romig or Lee Urban. Councilman Noll said there is not
much more we can do. Mr. Malesker said you are channelizing the flow to keep
it contained as much as you can. Discussion continued. A motion to advertise
the gabion repair project by Councilman Noll. The motion was seconded by
Councilman Allar. All in favor. Councilman Snyder said motion carried.

Maintenance Report

Councilman Snyder asked if everyone had an opportunity to look over it, we
already addressed a couple of the issues.

Councilman Snyder said I see that you are going to the dam safety course
on May 2nd. Mr. Shearer said yes.

Maintenance Report(cont.)                                     Page 8

Councilman Noll said we have the new ordinance sign. At 8:30 to 9:00 PM,
I saw lights in the park, and there were kids up there. It took me five minutes
to find the sign. Can we put that down at the entrance to the park? Mr. Shearer
said I do have another one. That one was to replace the sign where it
originally was. I do have one more sign that will be down further. I haven’t
had a chance to do that yet.

Councilman Snyder said the only other question I had under property maintenance,
we already discussed 53 Church Street, what the status on the payments of the
letters that were sent out? Mr. Shearer said I have to go and take a look, I think
we are pretty good. I haven’t had time to look at it. Councilman Snyder said
they are 60/90 days whatever we gave them, that’s now expired. Okay. You
are planning on going through that, and anybody that hasn’t paid, we are going
send them the $500.00 wake up notice. We want to keep on that this year for

Zoning Report

Councilman Noll said the first one is from Dan, he spent some time in
the borough going over some stuff with myself and Patti. Total of 2 hours
and eight miles.

Councilman Noll said Patti has several letters that have gone out to people
with vegetation violations. We have started that process. She has gone
out into the zones and we have to at some point, we have to figure out
what to do with these people because there are several properties in
town. Councilman Snyder said I saw that she sent out new notices, last month
she sent out some, is she at the point where she is going to start to follow up
and send out citations. Councilman Noll said yes. Councilman Snyder asked
did she make a note about what citations and how many she sent out? Councilman
Noll said not yet, they are just getting the citations so. She went over all that
with Dan. Its going to be a challenge this year, we have so many vacant properties.
It might be four to five hundred dollars to get someone’s lawn mowed, then lien
it. Councilman Snyder said my only thinking is what we did, hopefully she is
taking this approach, once they get to that point, where they are in citation mode
on a weekly bases, revisit it and issue another citations. The only reason I recommend
that, at 171, he didn’t respond to any of them, he now has outstanding arrest
warrant. Because of failure to respond, that is outside the norm. The good point
I’d like to bring up, over this last month, because of our due diligence last year,
with Dan. At 230 S. Main Street, the Richardson property and at 187 S. Main
Street, those people pay up on their citations. This past month we got about
$1500.00 in citation monies. It at least shows of the due diligence, if we
keep after them. Its cheaper for her to go back on a weekly basis. They do have
to recon with them. Councilman Allar asked anymore on the Smith property?

Zoning Report(cont.)                                                Page 9

Its been over a year since Dan sent letters. Check into it. Councilman
Strausbaugh said 230 S. Main Street is terrible. Councilman Noll said
part of the porch roof is collapsed. Councilman Snyder said she started
the zoning thing. Councilman Noll said she is going to do two zones
this time. Councilman Noll said on the 230 S.Main Street property,
we are at a stopping point, Norm from Code Administrators, unless we
want to look at condemnation of the property, get a price to do it.
Unless we can prove that someone is living there. Anyone wants to
go to court and testify that someone is living there. Councilwoman
Coble Tyson said the mail is piled. Discussion continued.

Emergency Management Report

Councilman Snyder said there was no report.

Mayor’s Report

Mr. Shearer said he said he didn’t have a chance to do one.

Secretary’s Report

The secretary said I gave you copies of the York County Solid Waste’s Household
Hazardous Waster Collection on May 5th from 9AM to 1PM.

The secretary said the office will be closed May 23rd and 25th reopening on May 30th.

Councilman Snyder said everybody please note you got a copy of the first quarter
treasurer’s report and balance sheet. Peruse over them, any questions feel free to
give Sandy a call. As noted, it’s a stipulation that our auditors asked for, this be
provided to council and I’m to remind council that it is our fiduciary duty to make
sure the books are in good order.

Councilman Snyder said also as a FYI, the York Adult Recreation League of course
somehow in conjunction with the Cougars, in utilizing the baseball field up there.
Sandy has been playing tag with them to provide us. The secretary said I don’t have
the Cougars. It’s a completely different name and address. Mr. Shearer said Mr. Dave
Carr is associated with Cougars on field maintenance. Its somehow under the Cougars.
The secretary said they provided a certificate of insurance. Councilman Noll said
since we have the certificate of insurance that is what we need.

Unfinished Business                                                Page 10

Councilman Snyder said I do want to let everyone know that in the circulate file,
I heard back from YCPC on the comp plan. They did issue some comments. Its
now in the hands of Dianne Price in Red Lion on how to proceed next. There
are one of two ways on how they can go, she said we can either have one joint
hearing, if the councils respectively want to attend the hearing and then the three
councils adopt at the same time that’s okay for Red Lion and Dallastown who
have multiple meetings a month. I said I think it would be hard for Yoe Borough
at the spur of the moment to get a quorum together. We need a quorum to go
to the meeting. I followed up with YCPC and we can do a joint advertising
of a public hearing and if its advertised properly each respective council just
adopt it at their next meeting. So that’s what I had proposed to Dianne, as Yoe
Borough’s preferred way to handle it. Comments from YCPC are in there.
Also they suggested that the committee hold a meeting to discuss their comments.
That’s all I had on that update. Councilman Allar said Dallastown and Red Lion
have already had their public meeting through their planning commissions, we
have not had a public meeting. In Section 307, we have to a public meeting.
Councilman Snyder said that is what I was saying, we have to hold one
public hearing, we can either do it by ourselves prior to adoption, or hold one
joint hearing, do one advertising for all three boroughs, if we choose we can all
adopt at that hearing if the councils can all get a quorum. Discussion continued.
Councilman Snyder said our public meeting was at the York County Planning
Commission meeting, Dallastown and Red Lion held their public meeting via
their planning commissions. Lindsey Gerner from YCPC said Yoe Borough has
met their obligations. Councilman Allar said I am concerned that the public
gets involved in this plan. We are not involving our citizens, that is my concern.
Do you think the county meeting satisfies the public involvement of Yoe
Borough? Councilman Noll said I think we should see what Dianne wants to do.
Ask the fire company to put out the information on their sign, put it on the
website plus have the ad in the newspaper. Councilman Snyder said there was a consensus of council for one tri borough advertised public hearing, and then adopt the plan at the next regular council meeting of Yoe Borough. No date has been set yet.

New Business

Councilman Snyder said there was no new business.

Payment of Bills

Councilman Snyder said there was an additional bill from Hemler Animal Control Service of $55.00. Councilman Noll made a motion to pay the bills as listed along
with the additional bill. The motion was seconded by Councilwoman Coble Tyson.
All in favor.  Councilman Snyder said the bills are paid.

Adjournment                                                 Page 11

A motion was made by Councilman Strausbaugh to adjourn the meeting at
9:29PM. The motion was seconded by Councilman Snyder. All in favor.