YOE
BOROUGH PG. 1
The
regular monthly meeting of Yoe Borough Council was held on June 5, 2012
at
the Yoe Borough Municipal
Building 150 N. Maple Street , Yoe , PA.
to
order at 7:03PM by Council President Sam Snyder followed by the Pledge of
Allegiance.
Council Members in attendance:
Sam Snyder
Seth
Noll
Tom
Allar
Barry
Myers
Wendy
Coble Tyson
Regan
Strausbaugh
Others in attendance:
Sandy Sterner,
Secretary-Treasurer
Dana
Shearer, Maintenance Supervisor
Steve
Malesker, Engineer
Charles
Rausch, Solicitor(sitting in for Solicitor Ehrhart)
Barry
Myers, Yoe Fire Company Representative
Councilman
Snyder introduced Charles Rausch. I heard our solicitor, Nicole did have her
baby.
Mr.
Rausch said on May 24th, both are doing very well. Councilman Snyder
asked that a card
and
a fruit basket be sent to her from the borough. Councilman Snyder introduced
all attendees
at
the council table. And congratulations to Nicole.
Minutes
Councilman
Snyder asked if everyone had an opportunity to look over the minutes from the
prior
meeting, any additions or corrections? A motion to accept the meeting minutes
of
the
May 1, 2012 meeting was made by Councilman Allar. The motion was seconded by
Councilwoman
Coble Tyson. All in favor. Councilman Snyder said minutes approved.
Visitors
Barry Myers from Yoe
Fire Company came here tonight asking a request of Yoe Borough. I
will
give a little history before I ask the request. Yoe Fire Company is looking at
purchasing
property,
some land up here on Yoe Drive
this
will be on this side of the storage sheds up here. The land sits between
Springwood and
so
than buying the land. We have not made any commitment. Nor are we until we make
sure
Visitors(cont.) Page 2
the moons, sun and
everything else is all lined up. Then of course it comes down to, can we
strike
a deal. This day and age, who knows. This was scheduled to be a housing
development
at
one time, so its already zoned for the housing development. That shouldn’t be a
problem
for
emergency services, the way ordinances are in York Township
in
regardless what the zoning is. Its what the township is telling us. So, what we
think is going
to
happen, its not going to happen at one time, if we do purchase the land, it
will be over
a
period of time. It’ll probably be will be enough for a hall up there and
probably two truck
buildings,
a garage to house the two vehicles that sit outside at the station, is what
we’re
thinking
about doing. However, one of the things we have to do is we have an issue.
First of
all
York Township Yoe Drive
our
distance and everything would be good. The problem lies up here by Tommy Imes
place.
It
comes down and does that crazy corner. When you bring a truck out unto Lombard Road
front
end actually hits, it hits the back end going in, when we have a fire call out
that way.
So
there’s definitely a gray issue there for sure. As well as a sight problem. But
the only way
we
can find that out, obviously is to hire an engineer. Of course everybody knows
how expensive
engineer’s
can be okay. So I got prices from TRG and it ranges anywhere from $5,000 to
$10,000.00.
I’m not willing and I’m just the Chairman speaking for Yoe Fire Co., I’m not
willing
to spend that kind of money just to find that out. So I thought the other day,
a few weeks
ago
I had a meeting with York County Planning for some other stuff for work, I
asked Felicia
if
you would be willing to do a study for Yoe Fire Company out there on Lombard Road
see
whether or not, what we would have to do, to go out through here. She would
research
the
following things. It would be to determine if the intersection can handle
emergency
vehicle
traffic, sight distance, turning radiuses, grades at the intersection approach
and if
so
what kind of regulatory signs would we need. Like flashing light, what would we
need
to
deal with that. I don’t know if you know it or not, York Township
zoning
back there anyways, to light commercial. That tied, so they are going back to
the
drawing
board I guess. Yoe Borough owns three sides of that intersection up there. Of
course
I
can’t get any commitment out of York
Township
willing
to work with Yoe Borough to see what we could do to get that intersection
straight.
We
need to start somewhere. In talking to York County Planning, they are willing
to do an
engineer
study of what I just said, but I need to have a municipality to request it. So
obviously,
it
would have to be Yoe Borough or York
Township
that,
we just need to use your means to get there. The study is $250.00. Its no a
super amount
of
money, it’s a lot less than $5,000.00. So. Councilman Noll asked do you need a
letter of
support?
Mr. Myers said I actually need a letter of request from Yoe Borough, Yoe
Borough
has
to request the study. I have the information. What we are asking of Yoe
Borough, would
you
be willing request that for us. Yoe Ambulance and Yoe Fire Company would pay
that
$250.00.
We just need your help to get that through. Researching this property, we are
researching
the Attig Farm, which is behind the cemetery. On the ambulance side,
they
just can’t seem to get a hold of Attig. We got to do something, sometime, we
know
its
not going to happen over night. Maybe FEMA, they use to have this grant, if you
own
a
property and you have blueprints set, it’s a shovel ready grant. If they have
that, two years
ago
when they did it, it still would be a gamble for the fire company, but two
years ago they
Visitors(cont.) Page 3
gave out enough money
for twelve fire companies that owned property where they had blue
prints
and built like twelve or thirteen fire companies. Brand new fire departments.
Basically
FEMA
would do it. We would like to be in that position. Councilman Noll said what
does
this
do with the plans for the ambulance, do they have some land purchased? Mr.
Myers
said
they have some land out behind Kentucky Fried Chicken on Queen Street
change
that plan at all. What it may change for the Ambulance Club is their main
office,
now
would be here, and that would be a substation. The problem that the ambulance
has,
even
if they go tomorrow out there, they don’t own enough land to build what they
want.
I
can tell you one or two things may happen, you may see the fire company buy
this and
ambulance
not move. You still have an issue with the old Yoe Fire Company, what would you
do
with
Yoe Fire Company? It’s a big puzzle to put together. We only own eight feet of
that
parking
lot down there, the church owns the rest. So that creates an issue. Back in the
day,
its
always better to work together, then we would be better. However, now it
becomes a
financial
problem for the fire company, cause if we try to sell it, who is going to buy
it
with
eight foot. So there is some talk about maybe fire company move up there, and
we
sell
it to the ambulance club, our half. That becomes the home office. For being a
member
of
Yoe, all my life basically, I really have a problem with Yoe Ambulance moving
out of
Yoe
Borough. Just my opinion. It started here in Yoe, it should stay. Councilman
Allar
asked
your long term plan is to move Yoe Fire Company? Mr. Myers said yes, our long
term
plan is to move Yoe Fire Company, out there. Its not big enough for Yoe Fire
Company
that property down here, it doesn’t work for us anymore. We outgrew it so
bad.
Of course the ambulance club has the same problem. We still couldn’t get the
one
truck
in the station anyways. Councilman Allar said you couldn’t have the overflow up
there
and still stay in town? Mr. Myers said that has been some talk, yes. By doing
that,
just
put two engines up there, the ATR truck and some storage. We’ve been renting
storage.
Councilman Allar said if you relocate there wouldn’t be a Yoe Fire Company?
Mr.
Myers said by name it would still be Yoe Fire Company yes, but no, Yoe Borough
would
have no fire company in the borough no more. We would still be your closest
fire
company. Councilman Noll asked you would provide the same services? Mr.
Myers
said its almost the same distance. Councilman Noll said I would think you would
be
able to get out on the road better here, than looking at what you have down
here.
Mr.
Myers said we have problems at certain times of the day down here, trying to
get
out
here. Councilman Allar said the vehicles are a lot bigger. Mr. Myers said that
is another
one
of our problems, our vehicles are getting bigger and that is driven by regulations
with
what you have to had. We just ran across that with our rescue truck, a couple
years
ago,
make it heavy rescue. Yoe Fire Company has always been a rescue fire company.
That
is what we do. We took things off of it, changed things around. They changed
their
spec
on what heavy rescue was. Do I agree with everything they put on there, no.
Some
doesn’t
make no sense but you know how that is, it is what it is. We are looking at
possibly
purchasing this land. The owner of property is willing to work with us. That’s
what
is making it a little more sweeter. He’s willing to finance it, give it to us
at a
decent
rate. So, other than a down payment and some cost to make a change. It would
financially
good for him and for us. He hasn’t put this into clean and green because
Visitors(cont.) Page 4
he was going to put it
in as a housing development. Councilman Noll made a motion
that
Yoe Borough support the fire company, and write the letter to Felicia Dell at York
was
seconded by Councilman Allar. In favor of motion: Councilman Snyder, Councilman
Strausbaugh
and Councilwoman Coble Tyson. Councilman Myers abstained. Solicitor
Rausch
said on the letter, indicate that you want to do the traffic study, that its
$250.00,
and
it would be paid for by Yoe Fire Co. and have Yoe Fire Company sign off too.
Clear
out what is going to be. Mr. Myers said thank you. Mr.Myers will take care of
composing
that letter. Councilman Snyder said I had one question, how far out do you
see
this decision? Mr. Myers said five years for phase I, the hall and the two
bays. Not
totally
moved out, I don’t see that happening until about ten years. Councilman Snyder
said
the
only issue I see us needing a legal thing to be looked into, is that Yoe Fire
Company is
the
recognized fire company of the borough. The firemen’s relief comes to us. If
its no
longer
within the municipal boundary, how that affects what we need to do here. I’m
just
trying
to get an idea, how far. We don’t need to be doing anything yet. Mr. Myers said
that’s
pretty
easy, we have a contract now, they state Yoe Fire Company that it’s the fire
company
for
Windsor Township
be
recognized for the firemen’s relief. Councilman Snyder said I don’t know how it
will
affect
the worker’s comp. Mr. Myers said as long as our home office is there, which
that is
going
to happen, for the first five years that’s not going to happen, even if we
build the place
tomorrow
our home office is still down here, you are still our worker’s comp provider.
Once
we
move up there, you drop it, its going to be a reversal. Then York Township
the
worker’s comp provider, then they would bill you, like Sandy
to
the state commissioner, he said the solicitor draws up the fire contract it
happens all the time.
Councilman
Noll asked so you are still looking at being independent, not any consolidation.
Like
with other fire departments. Mr. Myers said for this year no, we have talked
some, I just
don’t
see that happening right now. Councilman Noll said I didn’t think it would, I
see a couple
of
things regionalized. Mr. Myers said I see with us moving up to York Township
day
when we combine with York
Township
to
happen. One of two things are going to happen, volunteers are going to go away
and you’re
going
to be paying paid people like Springettsbury does now. Depends how you do it.
Some
departments
you have paid people and they work well together. Springettsbury, they took
on
these two volunteer fire companies. Prior to that, Springettsbury didn’t have
any volunteers
except
for the fire police. This chief here, he is coming from the top down, I think
that’s good.
Is
that the answer, I still think we’re going down the same route. I know Charlie
is involved
with
that, I love to sit down and talk to him about that. I don’t agree with that,
what worries
me
is that I think we are going down the same route with the regional police
department. We
were
sold on the idea that regional police were going to be cheaper here, I have not
seen that
yet.
He’s doing some things, that chief in there is doing some things I would do. We
do down
here
when I was chief. We start out with part time fire fighters. He has full time
people. He
has
part time for fire chiefs, battalion chiefs, I think that is smart. I would
love to sit and talk
to
you sometime. I hope I never see us go full time, but it may happen. Councilman
Noll said
it
will with all the training involved. Mr. Myers said as long as we are creative.
They hire
Visitors(cont.) Page 5
volunteers, that’s
better. Good things. Mr. Myers said we hired full time people, but they
were
volunteers. Every person we hired down here, I made sure they were a volunteer
fire
fighter. Because they know where they are coming from. You hire someone off the
street
that never was a volunteer fire fighter, you get a different person, not saying
its
not
a bad person, but it’s a different person, different thought process, it’s a
job. But
I
will get with Sandy , email it.
Solicitor’s Report
Solicitor Rausch said
the amendments to the recycling ordinance has been advertised for
adoption.
The ordinance amends section 2023, for the separation of recyclable materials,
and
adds brush or yard waste to the list of acceptable recyclables. Councilman
Snyder
asked
any further questions? A motion to ordain Ordinance 2012-04 by Councilman
Myers.
The
motion was seconded by Councilman Allar. All in favor. Councilman Snyder said
so
be it ordained.
Councilman
Snyder said next, we received a request about two months ago if you recall,
the
fire department came to us asking to utilize the park on June 16th.
Which is coming
up
in a couple of weeks, that was granted by council. In interim, I was asked to
sign
a
letter of support on behalf of the fire department, because they were going to
be getting
a
temporary liquor license up there. So everything was controlled and watched
over and
they
wanted to do it the legal way. Since we allow people who rent the property to
bring
alcoholic beverage. I had to sign a letter saying, yes that is what we allow
for people
who
rent the property. The fire department was since notified that, that didn’t set
well,
with
the liquor control board, they needed a resolution from council stating that we
actually
allow
alcoholic beverage up at the park for them to attain this temporary license.
Since
the
timing is limited, I was able to draft one of us for tonight’s meeting. I gave
it to
Mr.
Rausch to look over to verbiage, and to the liquor control board so it met
their muster,
before
I drafted it up, because you only get one shot at this apple. And they said,
that will
be
fine. Councilman Allar asked are we setting a precedence by allowing this? Mr.
Shearer
said
this is because Yoe Borough is a dry borough. In order for us to get the
temporary
liquor
license, we have to have the resolution from the county. So that is what is
driving this.
As
far a precedence, an organization that would want to do an even that would
require a
license.
Alcohol is part of the ticket. Debate in the liquor control board. We were
advised,
we
have small games of chance permit, a raffle permit to hold the event. In order
to
satisfying
all state requirements, we need the
resolution. Councilman Allar said don’t
get
me wrong I have no problem with the fire company, I just don’t know who is
going to
apply
next month or the month after that. Do we have a reason to say no to them?
Councilman
Snyder
said that is the whole purpose of the resolution. We allow people to bring
alcohol
there.
This is just because they are applying for a license. You get the family
reunion up there,
or
something. They are not going to get a license. Mr. Myers said a long time ago,
York College
had
one of their fraternities, they got a temporary permit for up there. The police
said
we
are going to have a mess. Our solicitor had to write a letter stating that they
would not
Solicitor’s Report(cont.) Page
6
interfere unless there
is a problem. You can shut it down if there is a problem, but if there is
no
problem you can’t shut it down. And actually it was very well ran. Solicitor
Rausch
my
question is does the fire company have insurance? Mr. Myers said yes the fire
company
has
insurance. So its just a matter of presenting the insurance. Councilman Noll
said I
will
vote no, its not because of the fire company, you do great things and I respect
what
you
do, I have an issue with the company, you pick people up off the street. To
have
an
event that supports that type of thing, I have a lot of moral reservation with
it. Its
difficult
to vote for something like that. I also have a lot of reservation like Tom does
on
precedence.
Maybe you can explain this to me why you want to have alcohol when
a
lot of what you do is taking care of people who have had too much alcohol. Mr.
Shearer
said
alcohol goes very well with gambling. And gambling is where we make money.
The
long short of it is, if you don’t want those paid fire fighters that Barry was
talking
about,
we need to increase our revenue. We battle every organization that there is,
for
every dollar. So as long, Yoe Fire Company, we continue to raise money to
assist
us.
These are the type of events that we are going to have live with. Councilman
Myers
said
our biggest problem is we come to Yoe Borough and ask for money, but last year
Yoe
Fire Company paid $52,000.00 to have a paid person. Discussion continued.
Councilman
Snyder read the resolution wording: Whereas, Yoe Borough recognizes
Yoe
Fire Company #1 as the official fire company for the borough by ordinance
90-002.
Whereas,
Yoe Borough recognizes the need for Yoe Fire Company to hold fundraisers
from
time to time. Whereas, Yoe Borough allows for the rental of the Yoe Park
private
individuals and non profit organizations by entering into a rental agreement
with
the
borough and allows for those who execute such agreement to bring, furnish and
consume
alcoholic beverage while on park property during the time of such rental as
established
by ordinance 81-04 and amended by ordinance 2012-02. Whereas, Yoe
Fire
Company has executed such rental agreement with borough in order to hold the
fund
raising event on June 16th and further wishes to secure a temporary
license from
the
PLCB Bureau of Licensing in order to provide alcoholic beverages for those
who
support and attend that fund raising event. Now therefore, be it resolved that
the
Council of the Borough of Yoe does hereby support Yoe Fire Company #1 in
its
effort to secure such temporary license in order to provide for the safe and
effective
of
the alcoholic consumption during that rental time at the park. Councilman
Allar
asked Charlie, do you agree that this is not precedence, if next time we choose
not
to
go along with the request? Solicitor
Rausch said I think you have a council who approve
this
resolution, in support of your recognized fire company. Councilman Allar asked
do
you feel you have enough there to defend? Solicitor Rausch said sure. Its
defensible,
this
is to support the fire company. A motion to resolve, Resolution 2012-03 by
Councilwoman
Coble
Tyson. The motion was seconded by Councilman Strausbaugh. In favor of motion:
Councilman
Allar and Councilman Snyder. Councilman Noll opposes. Councilman Myers
abstained.
Councilman Snyder said let the record reflect that with one no vote and one
abstention,
the resolution passes.
Solicitor’s Report(cont.) Page
7
Councilman
Snyder said we did receive a communication from Nicole before she
went
on maternity leave, concerning the Hamilton Hills versus Hamilton Township
That
decision, everybody received a copy of that. Along with that, we received
notice
from Steve,where he had his people look over our buffering ordinance to see
if
that was in good order. Everybody have a chance to look over that. So that
looks
to
be in good order. We received on May 11th from York County Planning,
the latest
revision
to the York County
county
as our planning commission, we have to have this on file. I looked over it,
everything
looks to in order. I did take that opportunity to talk to Terri Ruby. I asked
her
that I didn’t see anything in there, in regards to all the other discussion was
about
with
intermunicipal boundaries disputes and a subdivision that crosses the boundary.
While
this is too late from this revision, I did know they constantly revised this
thing and
could
they consider something in there to delineate that in a future revision. She
actually
thanked
us for those comments. She feels that section 103, the authority and
jurisdication,
applies
there, because it says your own municipalities restrictions must meet this.
So
therefore by saying that, she thinks it would be each individual municipality.
She
did
say that they would strictly insure that any subdivision or plan that would
come
before
the county, would have to meet those municipalities. That’s what the standards
that
they would use but they would also then, pass the comments on and put them on
file
for future amendments. To further clarify. Along with that, I saw where York
Township
did not adopt the ordinance at their last meeting, its actually being held over
for
consideration for June 12th. So I thought since it was an issue that
the borough
had,
and we spent thousand of dollars defending against it. I think it would be
appropriate
to
send in comments on the plan that they can review prior to them deciding what
they’re
going
to do. It doesn’t hurt to get our opinion. A motion to send a letter of
comments to
all
those comments remain in effect and we would like them to consider if they are
going
to
do a revision to low or medium density residential by Councilman Allar. The
motion
was
seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said
motion
carried. Councilman Allar said should some of the citizens that were involved
last
time should be made aware and notified. Like Joe and Bob Strobeck. Councilman
Snyder
said if council people want to call people that were involved last time.
Councilman
Snyder said because they found out, that we were informed that these
changes
weren’t forthcoming, they did improve on inter municipal cooperation and
this
time submitted the comment on the official map which they are looking at
redoing
and
asking for Yoe Borough’s comments. There is a forty five day review period.
Date
is April 30, 2012 of letter.
Councilman
Snyder said I wanted to bring this up, its an issue that Patti brought to our
attention
but its more solicitor required. Basically she was talking with Connie Stokes
of
Dallastown about the grass issue and abandoned houses. In Dallastown, they go
out
and
do the mowing of the properties they tack that cost unto the water bill. If its
unpaid,
they
then go and can lien the property that way and shut off the water. She just
thought
Solicitor’s Report(cont.) Page
8
that may be a more
efficient way to get the grass cut. She was bringing that to our
attention.
She forwarded an copy of their ordinance. It doesn’t even say that they
can
do that. Solicitor Rausch said tack it unto the water bill, I don’t think you
can
shut
off the water for not cutting your grass. You can lien the property. Councilman
Myers
said
if it becomes part of your municipal service. Councilman Noll said I’d love
to
do it, but I think we’d get ourselves into a very indefensible position. Councilman
Noll
said we could check with our solicitor if there is any precedence. Solicitor
Rausch
said
I don’t think you would find much on it, I have never heard of it before, its
creative
but
there are certain procedures you have to follow when you don’t pay your water.
Its
not a easy process. I don’t know by tacking on some other nuisance, that’s
permissible.
Discussion
continued. Solicitor Rausch suggested getting the D. J. involved, once the
message
is out there. Councilman Snyder said we updated our ordinance, minimum fine
of
$100.00, second $250.00 and third offense is the $500.00. Its just a matter of
Patti
going
out and citing them. Solicitor Rausch said its not an easy fix, its all over. Discussion
continued.
Councilman
Snyder said we did receive the signed agreement from the Riedels. This is
our
copy. $1000.00 check will be made out. What we’re waiting for York Township
finalize
their subdivision ordinance. We will then go thru the reversed subdivision.
The
remaining balance will be $5000.00. Mr. Shearer said he did notice the grass
on
that portion that the Riedels agreed to sell us, isn’t mowed. He mowed around
it.
I
assume you want me to mow it. Councilman Snyder said as you get access to the
dams,
that mowing may occur. We have the flood easement for the other side of
creek
and we are mowing it. The secretary will send our insurance company a copy
of
the sales agreement.
Mr.
Shearer said on the land you are going through quiet title for, there is the
portion
that
we have been mowing, there is a section in front of Mr. Claycomb’s property,
on
the edge of the lower side of E. Pennsylvania .
He mows the upper portion but has
stopped
mowing the portion at the bottom. I don’t know if he feels we own it, and
has
stopped mowing it. Councilman Noll asked where do we stand with this process.
Solicitor
Rausch said Nicole said she still hasn’t heard from Attorney Marc Roberts,
who
is the attorney for Mr. Claycomb. She has not heard. Councilman Snyder said
we
have been waiting for six months now. She has been notifying has been
contacting
them
every two weeks asking if their client has signed. Councilman Noll said he
agreed
to it, but just hasn’t signed. Councilman Snyder said is there anything we
can
do to nudge him along. Councilman Noll asked if there a statute of limitations?
Solicitor
Rausch said I am sure we filed the quiet title action. Councilman Snyder
said
everyone signed off except him, he filed an objection. After the objection was
filed
we filed a response. And started working on a negotiation. We got a
negotiation,
he
agreed to it. Solicitor Rausch said we could notify him that if you don’t sign
the
thing
by a certain date, we are moving ahead. Councilman Noll said and that would
be
legally binding then, as a sign off? Solicitor Rausch said no, you have to go
ahead
Solicitor’s Report(cont.) Page
9
and fight it out in
court. Councilman Snyder said we can give him thirty days up to
the
next council meeting to sign, if not we are moving on. Councilman Noll said
and
to document that he is not mowing it. Councilman Noll made a motion to have
a
letter sent giving a window to resolve the issue, give him until July 2, 2012
to
resolve
this issue. The motion was seconded by Councilman Myers. All in favor.
Councilman
Snyder said motion carried. Solicitor Rausch will send the letter to
his
attorney.
Engineer’s Report
Mr. Malesker said Tom,
do you have anything for the solicitor on the third party for the
wetland
mitigation project? Councilman Allar said no, Jake is going to be talking to
John
from C. S. Davidson, he has some experience on that. Jake was looking at one
of
these watershed organizations as our third party. Mr. Malesker said I did talk
to
Jake
a little bit, he did say talked to Mr. Danko about the monitoring and things
like that.
The
permit is up there, Mr. Danko hasn’t had a chance to review and approve it yet.
Councilman
Allar added that Danko isn’t going to approve anything until we have this
third
party. Cease and desist will just sit there until that happens. I’m going to
have
a
meeting with the head of the conservation district within the next week or so.
There
is
some formatting that needs to be changed on the easement to go forward. Mr.
Danko
wants
some fine tuning. Having a third party willing to hold the easement. I hope to
have
some information at the next council meeting. There is no DEP permit for the
Mill
Creek Preserve. The Growing Greener 1 runs out at the end of June. There is not
enough
time. The request for extension that the township has put in, they will
probably
get
it. Its time to deal with the third party.
Mr.
Malesker reported that the MS 4 reported will be submitted this week. The only
that
we didn’t have, Dana, when you clean inlets do you keep track, a form to fill
out.
Mr.
Shearer said I do believe you gave me a form to fill out but I have been
derelict
in
filling them out. As a matter of fact, I just marked some down. Mr. Malesker
said
for the next reporting period, we should make sure we have that included.
Councilman
Noll added keep track of the dredging, street sweeping and leaf
pick
up, do we need pictures? Mr. Malesker said I don’t know if pictures would
be
needed, but documentation on inlet numbers, and on this date I cleaned it.
Documentation
on the procedure. Councilman Myers said it counts when council
people
take classes. Councilman Noll said I went to a conference/workshop.
Councilman
Strausbaugh took a workshop too. Councilman Myers said make
a
copy of the advertising of the workshop. If you get me a copy, I’ll make
sure
Mr. Malesker gets it directly. Mr. Malesker said scan it and email it to me.
Councilman
Snyder said if they are going to be required to be submitted with
the
permit on an annual basis, would it be easier Dana, you fill them out and
submit
it them with your maintenance report that way we’d have them. If we
wait
until end of the year, if you’re out sick or something. If you could submit
Engineer’s Report(cont.) Page
10
them on a monthly basis
as you do them. The secretary said there is going to
be
a notebook sitting on council table just for MS4. Councilman Noll said still
include
it on the maintenance report because it is now a matter of public
record.
Put MS 4 activities, and the date, it will be public record. Councilman
Myers
said anything like the newsletter can go in there. Councilman Myers
said
cleaning the storm drains when it snows. Councilman Snyder said even
when
a heavy rain is expected also. Councilman Noll said even the FEMA
work
can be included. Mr. Malesker said even the work at Church Street
Mr.
Malesker said Keystruct mobilized last Tuesday, I sent that email out.
For
repairs at Church Street
been
Dana. I made sure they had the rebar tied in before they poured the
concrete.
I stopped by there before this meeting, they did the form work.
They
are suppose to start the patching today. We should be able to do
a
final inspection. If Councilman Noll and Dana could be there, Dana
bring
boots and a ladder.
Mr.
Malesker said bids were open yesterday for the gabion project. That
was
one that we had budget prices, FEMA used the lowest of those for
the
budgeting. A contractor came in under what FEMA used for the
budgeting.
It was Shiloh Paving. Yoe Concrete was around $27,000.00.
Shiloh
Paving came in at $24,856.00. The bid tab is attached to the
engineer’s
report. The money from FEMA is not in your possession
yet.
Its written in our spec book, you have sixty days to award the bid,
if
you are waiting approval from a government agency you have
120
days. We ran into similar situation at the beginning of the dredging
project.
We do have time, I would hope that the money gets here by
then.
I don’t recommend awarding this yet. Discussion continued.
Mr.
Malesker said I can let Shiloh Paving know that the intent is to award
it,
we are waiting for the funds from FEMA. Councilman Myers said
you
need to keep all your paperwork together because it sounds like you
are
going to get audited in two years. Last time York County
we
didn’t get audited. But this time it sounds like you are going to get
audited.
You have to make sure everything is in there, copies of invoices,
all
the stuff that John did with that work, as well as Steve. Mr. Malesker
said
keep in mind when we submitted the permit we showed the rip
rap
in there, FEMA did not want the rip rap as part of theirs, something
about
a drainage ditch, so we deleted it as part of this work because it
wasn’t
approved for them under whatever project its under. You do have,
its
permitted, you have three years to put
that rip rap in there. We will
have
the equipment and materials bid, you can use Fitz and Smith to put
that
in, and buy rip rap from your materials bid. You can use liquid fuels
to
do that. Councilman Myers added they are auditing because they want
Engineer’s Report(cont.) Page 11
to know that you did
that work. They found out, when they had another
hurricane
come through, they were paying for stumps down in New Orleans
they
were paying for stumps that were shipped in and contractors were
getting
paid for them. They want to know you did the work, that you didn’t
pocket
the money to get a new truck. Biggest thing is having everything there.
They
said have every single paperwork here. They said photographs would
help.
Mr. Malesker said we will have all the bidding documents, the
applications
for payment. We’re going to have everything, the proof
of
advertisement. Councilman Myers said make it a separate file. A motion
was
made by Councilman Myers to table the award of the project at this
time
until we get the FEMA monies. The motion was seconded by Councilman
Allar.
All in favor. Councilman Snyder said motion carried.
Mr.
Malesker said material and equipment bids were awarded at the May meeting.
I
do have two of the four contracts here. The Kinsley was awarded the bituminous
materials,
that insurance was rejected because it wasn’t the right project name.
I
won’t have that one. York Building Products had an issue with insurance too,
so
that wasn’t awarded. Tonight I have Fitz and Smith which is the equipment
contractor
and I have Recon which is the milling contractor. I need a motion to
sign
these two contracts and if we can once that insurance is approved, if I can
stop
by and have you sign those other two contracts. Just in case you need some
materials
before the next meeting. A motion was made by Councilman Noll to
sign
those documents, Fitz and Smith and Recon and when the other two contracts
come
in, once the insurance is taken care of, Sam is authorized as President of
Council
to sign those documents. The motion was seconded by Councilwoman
Coble
Tyson. All in favor. Councilman Snyder said motion carried. Mr. Malesker
says
the contract starts June 15, 2012 ends June 14, 2013.
Councilman
Myers said the Heritage Rail Trail Authority got all but one million
dollars
awarded to them two weeks ago to put a trail in from John Rudy Park
to
the Route 30 bridge. It was a grant that they applied for because it was storm
water
control. Somehow Jeff Shue got that approved for black top fill along
the
Codorus Creek. I don’t know if there is another grant opening or application
date,
Can you find out, number one is there going to be another award of grant,
can
you find out if there is still money available and what we would use it for
is
for two or three things. One obviously to extend the gabion baskets, something
that
we can incorporate with the retention basins and is this something that we
can
put in the for the parking lot for the trailhead that we talked about for
additional
parking. Can we use that? It was something to do with storm water
control,
water run off. Councilman Noll asked can we use it for our system?
Councilman
Myers said so just a couple of things, maybe its not possible, but if the rail
trail got
money
for what they are using it for. Mr. Malesker said maybe its tied into
recreation.
Discussion
continued. Mr. Malesker said he will look into it.
Engineer’s Report(cont.) Page
12
Councilman Snyder said
we received the contracts from York County Planning for CDBG
zoning
ordinance update. We are not to incur any expense until we are advised to
proceed.
A
motion was made by Councilman Noll to sign the two contracts for the CDBG
zoning
ordinance
grant. Mr. Malesker said this is just for you to receive the $15,000.00. The
motion
was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder
said
motion carried.
Maintenance Report
Mr. Shearer presented
the written maintenance report.
Mr.
Shearer said I am working on the letters for the property maintenance fees on
my rainy
days.
Mr.
Shearer said there is no compliance for the letter on 53 N. Church Street
information
to Patti, since that will be under her jurisdiction from here on out. She is
working
on a letter.
Mr.
Shearer said with the all the rain, the grass is being caught up. Had some
repairs
to
the mower.
Mr.
Shearer said there is some information for the dam safety class. There were
handouts.
There
is also a resource book, and I have a disc of the class. I can get you a copy.
Discussion
of the class continued.
Mr.
Shearer said I had a conversation with Jerry Pickel. I asked him to take more
walks
to keep up on muskrats and groundhogs at the retention dams.
Councilman
Myers said we did that contract with Waste Management for the landfill.
Do
you know how long that is for? Councilman Allar said I don’t think there was
any
date
on it. Mr. Shearer said I don’t think there was an end date. I will be
contacting
Jake,
the upper two veins are getting full, getting close to a dredge.
Councilman
Allar said there are two cuts on Main
Street
Shearer
said I contacted Dallastown, the office and asked them to put in a work
request
with the maintenance crew, to address that street cut and on Broad Street
Councilman
Snyder said to follow up when you said you were going to start issuing
the
letters on the property maintenance people. I checked with Sandy
we
got a check from Mr. Deardorff of $1100.00. We are about $800.00 shy there
in
there, you may want to check with her on who is still outstanding. The main
thing
is
to get this money in. We are charging a $500.00 late fee. Mr. Deardorff is
routinely
late.
Are we poking that bear? Councilman Noll asked have we sent him a late letter
Maintenance Report(cont.) Page 13
yet
this year? Councilman Snyder said that is what he is working on. He paid before
the
late letter out, last year, he paid in July, he paid in June this year.
Councilman
Noll
said when you do the late letter, change the ordinance that your license will
be
revoked and you have to do x, y and z. Councilman Snyder said that’s how its
written,
your license is revoked for non payment. Thing is we haven’t sent that
notice
out yet. Councilman Noll said is the $500.00 considered a restoration fee.
Councilman
Snyder said yes, per unit. Councilman Myers said whether you sent
the
letter out or not, he’s still in violation. Councilman Snyder said we are
starting
to
get these people in line, we are better shape for June 2012, a little bit
better.
Its
like the grass or weed thing. Councilman Noll said are you suggesting we send
an
additional letter to him saying he owes this. Councilman Snyder said that is
what
I
wanted to discuss, do we want to give Dana direction and say even thought he
paid
if
he is going after these other people. He had his chance ,he knows it. At that
point
we
can do the one hundred dollar fine. Councilman Snyder said when is the cutoff.
Councilman
Noll said sixty days. The secretary said the letters went out in February.
Councilman
Snyder said the main objective is to get the money. Councilman Noll
said
we’re spinning our wheels this year, if we want to go after these people, the
thirtieth
we didn’t get the money, May 1st send a certified letter has to be
going out.
That
is what we have to do to enforce it. Councilman Snyder said the license is
revoked
for
non paying and we need a $500.00 reinstatement fee. Or what we’ve done
for
the first year, it was their first offense, because there is a hundred dollar
fine for
violating
the ordinance, we let Dana work out the deal, its your first offense, we’ll
let
you pay the one hundred dollar fine in lieu of the $500.00 restoration fee. I
don’t
know
out of these people if they are repeat offenders, if so make sure when you
check
that
off, they are getting whacked. Councilman Noll said in order to follow the full
extent
of the ordinance, you have to send that second letter out right away. The
$800.00
that’s
left, send $500.00 letters immediately. I think we have to let the Deardorff
one
go, if we go to D. J. we have no defensible position. Councilman Snyder said
let
Deardorff slide this time. Councilman Noll said send the other letters out this
week.
That
may start a ripple down the line.
Zoning Officer’s Report
Councilman Allar asked
is there anything on the Smith property? 72 N. Main Street
the
one that started last year by Dan. Councilwoman Coble Tyson asked do you have
anything
on graffiti, graffiti language. Councilman Snyder said if its defacing
borough
property, yeah. If someone is enhancing their own. Councilman Myers said
its
on a garage in Yoe Borough. Councilman Noll asked is it offensive? Councilwoman
Coble
Tyson said yes. Councilman Noll said I would have to read through the
ordinance.
Councilman
Snyder said you may want to ask Patti Myers about that. Councilwoman
Coble
Tyson said I wanted to bring it up here first. There is underage drinking,
there
were
beer bottles there last weekend. If you are going to have these people there,
you
have
to clean it up. Councilman Myers said the
fire department was called there two
Zoning Officer’s Report(cont.) Page
14
to three weeks ago, same
problem as that last garage. Discussion continued. Councilman
Myers
said if I go on a fire call at three o’clock in the morning, there are four or
five
people
walking in the alley near Councilwoman Coble Tyson’s place. Discussion
continued.
Councilman Noll said if its happening on a regular basis, we should request
John
have the night patrol through the area. I am sure we could request a night patrol
and
a foot patrol. Councilman Snyder asked can I have John contact you, since you
know
where these two places are. We’ll say council is requesting, walking/night
patrol.
And
then I have him contact you, to get the particulars. Councilwoman Coble Tyson
said
the doors have been removed and only one returned. Councilman Noll said
perhaps
Code Administrators needs to be involved. Councilman Snyder said he
will
contact the mayor. Councilman Allar said getting back to the Smith property.
Dan
did an action last year, he has it in file. I’m sure Patti can find it. We went
easy
on him because he did the other house, not the one he was cited on. Winter
came
in. Councilman Noll asked what is the complaint? Councilman Allar said its an
eyesore?
Councilman
Noll said just because we don’t like the way something looks, do we have
open
holes where rodents hanging around the house. Councilman Allar said last time,
people
came because bats were coming in and out of the building. Now we got probably
nesting
bats are in there. We talked about this, when we were going over the
ordinances,
I
said what is this going to cover, does it cover eyesore which degrade property
values
in
that neighborhood. And supposedly, that’s in the ordinance. Apparently it is or
Dan
wouldn’t
have cited him to begin with. Councilman Noll said he was able to cite him
because
they had ceiling of the porch was out, where you could have rodents. There were
actual
things, structural things, that we went after. Councilman Allar said then there
is
something
wrong with the ordinance, we can’t go after eyesores, obvious ones. We didn’t
do
a good job on the ordinance. Councilman Noll said here’s the difficulty, I
challenge
anyone
to come up with a good definition, as far as eyesore. Its difficult, its kind
of like
the
graffiti on the building. Yes, they probably shouldn’t have it there, but they
could
complain
someone else put it there. Councilman Allar said grass is one thing, you can’t
allow these
kind
of buildings to look like that. Not where the traffic light is, where people
stop. Knowing
its
going to affect property values, if they keep doing this long enough. That
affects our
income.
Councilman Noll said at this point we have to take a look at our ordinance.
Councilman
Allar
said I specifically mentioned that property when I was going through the
ordinances and
I
was told we can now, we now have the back up. Discussion continued. Councilman
Myers
said
I agree with both of you, that’s the problem. Discussion continued. Councilman
Myers
asked
there is nothing in the ordinance? Councilman Noll said for certain things, I
can tell
whoever
goes after this, will have a hard time saying we don’t like the paint job on
that house.
Councilman
Myers said we are not saying no paints on the walls, falling down? Councilman
Noll
said if its unsecure, windows broken, vector ordinance type, prove that rats
are moving
in
and out. Councilman Allar said the purpose of the ordinance was to do this.
People
were
coming in and complaining about it. Saying we don’t have the right wording in
the
ordinance but we will soon, then we passed the ordinance. Now we are saying we
don’t
have
the ordinance to take action. Councilman Myers said I remember that
conversation.
Zoning Officer’s Report(cont.) Page
15
Councilman Noll said and
we have more teeth than we did, when it comes down
to
painting issues. Councilman Myers said we have to be careful. Councilman Allar
said
we filed something then a year later. Councilman Snyder said got to Dan and say
is
that action closed, we don’t know what Dan has told him. Yes I know Dan do
painting.
All along we’re painting the wrong building, I can’t say he was painting
the
wrong building, the original issue was we were going after the brick building,
we
were going after the hole and maybe he said it has to be painted. Discussion
continued.
Councilman Noll said I am not sure if the ordinance references paint.
Councilman
Allar said I still think we should go for it, with pictures. Councilman
Myers
said I thought it was pretty clear. Councilman Allar said do you realize
how
many more houses stand in line if we do? Councilman Noll said our biggest
problem
about this and we’ve talked about this is money, things like grass are
easy,
its either under ten inches or its over ten inches. When it comes down to
subjective
things, I’m just telling you we can do it, we’re going to spend a lot of
time
and money, with probably very little action. Because its subjective, there is
no
black and white. Councilman Allar said it lowers real estate values, what our
taxes
are based on. I’ll spend $100.00 to make one thousand, five thousand or
ten
thousand. Discussion continued. Councilman Myers said let’s look at it.
Councilman
Noll
said I just want to make you aware of what we are getting into, a lot of time
and
a
lot of money. Councilman Myers asked do you want to meet some morning at
seven
and look over the ordinances. Councilman Noll said let me pull the property
maintenance
code. Councilman Allar said I know we discussed it, and I know we
were
making it clear. Councilman Noll said unfortunately its not that clear.
Councilman
Allar
said rewrite it to make it clear, the way we need it. Councilman Noll said
if
you want to do some research on it. Councilman Allar said I was told it was
already
done.
Don’t worry about it. Councilman Noll asked is that what you are saying it’s a
paint
issue. Councilman Allar said its appearance, paint is probably the single
biggest
one.
Councilwoman Coble Tyson said I don’t know if there is remaining paint on it,
I
don’t know if he was working on it. Was he working on stripping the paint, it
had
fancy
wood, he was stripping that. Councilman Snyder said I know for a fact it is
covered.
The problem is where do you say, what needs action and what doesn’t. Then
also
if we’re saying, we want to start a historic district and stuff. Do we want to
give
them
guidelines, that’s what the zoning ordinance is going to do. We could make
a
little flake off paint, paint. We could get nasty. Problem when you have so
many
abandoned
homes. Councilman Allar said this is true, we go out and cite people that
have
junk on their porch. Is it one item or six items, we make judgment calls.
Discussion
continued.
Councilman Myers said file a citation and let the judge decide. It’s a judgment
call.
Councilman Snyder said we need to find out if Dan is working with them.
Councilman
Allar
said he’s not, we asked for the books back. Councilman Noll said at the time I
wanted
to
adopt the entire property maintenance code and we did not adopt the entire
property
maintenance
code. We adopted two chapters which are limited in scope.
Emergency Management Report Page 16
Councilman Snyder said
there is no report.
Mayor’s Report
Councilman Snyder said
John couldn’t make it tonight, he did submit a report for the month.
Which
I will be giving to Sandy
50
traffic citations, 1 misdemeanor felony arrest 2 juvenile arrest. 51.75 service
hours and
30.55
administrative hours. Councilman Allar said in the reader’s file there was a
whole page
of
criminal activity in Yoe Borough. Councilman Snyder said in the month of April
we
had
20 calls, 29 traffic citations, 1 summary, 1 misdemeanor felony and 1 juvenile
arrest.
49.25
service hours and 24.16 administrative hours.
Councilman
Snyder said John did try to indicate that they were trying to get together
another
traffic
detail for this month that they have grant money for.
Secretary’s Report
The secretary reported
that you received a copy of a letter that you received from Jeri Jones
of
York County Parks
Availability
will be from November 23 to December 14th. And from December 26th
to
31st
with the coupon. All I need is to get back to them and let them know we are
interested.
Then
we will get the coupon and send it to Bruce on the website and keep copies at
the
office.
The
secretary said I did get insurance quotes which began June 1, 2012 through May
31, 2013.
We
did well with our budget, we budgeted $31,000.00 and the price came in at
$31615.00.
The
increase is due to the new insurance for the cancer for the fire company. I
will be billing
The
secretary said I just passed out information on the York County Borough’s
Association
meeting.
June 28, 2012, if you’d like to attend you need to let me know ASAP.
The
secretary said the office will be closed June 15, 2012.
Councilman
Noll said we have had more feral cats that need to be trapped. A lot of it
has
to do with the area near the Taylor
cats
in the area. Do we want to set a trap for a week and see what we get?
Councilman
Snyder
said might as well.
Councilman
Snyder said we received the outstanding invoices from the Yoe Borough
Sewer
Authority showing delinquents.
Councilman
Snyder said we received a notice from DEP, that they approved $621.00 for
Act
101 Recycling performance grant. The secretary said it has been received.
Unfinished Business Page 17
Councilman Snyder said
there was no unfinished business.
New Business
Councilman Noll said
probably get a request to the council for a letter for the Act 13, that
they
want to petition York
County
fracking.
If the county doesn’t have a fee structure, we can’t do anything about it, so
we
need to do it now. It will be a form letter of support.
Councilman
Noll said I will have a meeting with Red Lion in the next week or two
weeks
about contribution to the retention basin maintenance.
Payment of Bills
Councilman Snyder asked
if everyone had an opportunity to look over the bill list. Additional
bills
are Dallastown Yoe Water Authority: $1459.29 for hydrants, Daniel Kreig: $73.27
for
signs.
A motion to pay the bills along with the additional bills by Councilman Allar.
The
motion
was seconded by Councilman Myers. All in favor.
Adjournment
A motion was made by
Councilman Strausbaugh to adjourn the meeting at 9:39PM. The
motion
was seconded by Councilman Snyder. All in favor.
