YOE BOROUGH Pg. 1
The
regular monthly meeting of Yoe Borough Council was held of July
3, 2012 at the Yoe
Borough Municipal
Building 150 North Maple Street , Yoe , PA.
meeting was called to order at 7:02 PM by Council President
Sam Snyder followed by
the Pledge of Allegiance.
Council members in
attendance:
Sam Snyder
Tom Allar
George Howett
Regan Strausbaugh
Barry Myers(arriving at 7:04PM)
Others in attendance:
Sandy Sterner, Secretary-Treasurer
Steve Malesker, Engineer
Charles Rausch, Solicitor(sitting in for Solicitor Ehrhart)
Reflection
Councilman Snyder said let the record reflect that along
with myself there is a quorum of
four to hold the council meeting. I know that Seth and John
are not going to be here. Anyone hear from Barry or Wendy? If they come in
later then.
Minutes
Councilman Snyder asked if everyone had an opportunity to
look over the minutes, any
additions or corrections? Councilman Allar made a motion to
accept the meeting minutes
of June 5, 2012. The motion was seconded by Councilman
Strausbaugh. All in favor.
Councilman Snyder said minutes accepted.
Visitors
Councilman Snyder said let the record reflect that no
visitors are here for visitor comment.
Solicitor’s Report Pg.2
Solicitor Rausch updated the council from the Dustin
Claycomb letter that was sent
on June 6th advising his attorneys that we
haven’t received a response and we wanted
a response by July 2, 2012 to have him sign and return the
land use license agreement.
I have not heard anything and called his attorney today,
they’ve been attempting to try
to reach him and have been unsuccessful and have been
apologetic. They have not
been able to get in touch with their client. I said I will
bring that to council tonight.
Sam and I were talking earlier what options we would have.
One would be to see if
his attorney would continue to try to contact him or to
proceed with quiet title action.
Sam suggested said we could send another letter, that says
he better remove the shed
because its within the adopted portion of Pennsylvania Avenue
clear if we ever want to open that road. I don’t know if
anyone here has any contact
with him to say, hey contact your attorney and let’s get
this wrapped up. Someone
from council could talk to him. Councilman Allar said I
talked to him a long time ago.
I could talk to him before you send out the letter, give me
a couple weeks and I can
get back to Sam. Discussion continued. Councilman Allar
asked for a copy of the
agreement. Solicitor Rausch will send it to the secretary
and then it will be forwarded
to Councilman Allar. Councilman Snyder said there is a
consensus of council and he
would be given thirty days to move the shed. Solicitor
Rausch said there is a councilman
that is going to approach him, get in contact with him.
Councilman Snyder said
Mr. Claycomb came to council and council gave him permission
to put the shed there.
His attorney may not know that.
Solicitor Rausch said next is the upcoming garbage contract.
We did prepare the
agreement for the upcoming garbage contract. Going through
it I noticed, the contract
references the bid specifications and there aren’t any that
have been prepared yet.
You have till the end of the year, take July and prepared
the bid specs. In August
have the bid specs approved and then have it go out for bid
for September opening.
You have some pieces in place but not the bid specs. That is
my recommendation.
Councilman Snyder said why we started this early, was what
Waste Management
said that they need six months to run our contract through
their legal department.
When I talked to Charlie about that, just in Dover
That was just because they probably didn’t want to bid on
it. I followed his
recommendation and said yes, we could discuss it at the
council meeting to get
the bid specs together. We can approve. Everyone saw the
email that there is a new
player in town. John Hall of Can Do. I’ve been in touch with
him, that we are
looking. He contacted us back, he is interested. Anything
you need we can help so
you have a bid to come in. Discussion continued. A motion to
have the solicitor
to draw up the bid specs in accordance with the contract by
Councilman Allar.
The motion was seconded by Councilman Howett. All in favor.
Councilman
Snyder said motion carried.
Solicitor Rausch said there was a question here about your
joint comp plan
hearing that is coming up, doing the advertisement. That is
scheduled for
Solicitor’s
Report(cont.) Page
3
Jul 18th at 7PM at Dallastown. I’m not quite
sure. Councilman Snyder said here
is the issue that I had asked him about. Dianne who Red Lion
Borough was
handling the ad. Red Lion has the same solicitor. So she was
going through YCPC
and Charlie to work up the ad. Dianne was using Pam Shellenberger from YCPC
and Charlie to work up the ad. Dianne was using Pam Shellenberger from YCPC
and they came up with this joint ad. Then she came to
Dallastown and Yoe and
said, do you have suggestions or questions? Sam you don’t
need to worry about
this, I work with Charlie, he’s your solicitor. And I looked
at it, and I saw the
way it read and I remembered back when we met with Lindsay
Gerner, she said
if you handle the advertisement the proper way you can save
money and do a joint
ad. So we had to discuss among the three municipalities,
were we trying to get
the entire council’s to the hearing and then pass this at
the hearing or were we
going to, or how were we going to handle it. That’s when I
took it back to them
and said, you handle it the way you want to, Yoe Borough, no
way are we going
to get a quorum in the middle month, in between meetings, do
the ad in such a manner
that we can hold a public hearing and then adopt it at the
next regular council meeting.
It ended up that is what Dallastown decided to do, and then
Red Lion decided to do that.
The idea was to run this ad in such a manner that we are
going to hold the public
hearing and then each respective council is going back at
their next respective meeting,
whenever that may be after that hearing to adopt the plan.
When I saw this ad, there
was no specific language about adoption, I brought it to
Dianne’s attention, she ran
back to Pam. Pam said as long as you say it at the hearing,
that you are planning of
adopting it at the next council meeting, this suffices. I
just wanted to let Charlie aware
of that, as our solicitor. Solicitor Rausch said you can do
the joint public hearing,
that is required. And then you can adopt it after that, you
have to meet the requirement
of 45 days that the comp plan be given to adjacent
municipalities and the school district.
Councilman Allar said you are going to announce then that
meeting for the adoption is
also going to be a public meeting. In the planning code and
the section 302. Solicitor
Rausch said the comp plan you need to hold one public
hearing. The planning agency
has to hold at least one public hearing. Councilman Allar
said we don’t have a planning
agency, we are both, we are the approving authority and the
planning agency. Solicitor
Rausch said you don’t have a planning commission. Councilman
Snyder said York County
municipal/multi municipal and county comprehensive plans:
Before adopting or amending a comprehensive or any part thereof, the planning
agency shall hold at
least one public meeting before forwarding the comprehensive
plan or amendment
to the government body. That is public meeting one, we don’t
have a planning commission, but we still have to hold a public meeting as if we
did, which is what
we are going to do on the eighteenth. Section 302B: The
governing body shall hold
at least one public hearing pursuant to public notice before
the governing body approve
it. Councilman Snyder said what he is asking you, is what we
had discussed at other
council meetings, every subdivision plan and everything that
comes through this borough, York
County
planning commission. They are the ones that have to hold the
public meeting and they
Solicitor’s
Report(cont.) Page
4
did. That was meet at York County Planning. Each individual
borough has their own planning commission, Dallastown had theirs, Red Lion had
theirs, York County Planning held ours. And then this public hearing should
satisfy B. Solicitor Rausch said maybe
double check with York County Planning. Councilman Snyder
said that is what Lindsay
Gerner had told me. Now Tom has a question about it. So I
guess if you wanted to
contact someone from York County Planning. Councilman Allar
said one is legal and
one is planning code, planning code is to have a public
meeting for the involvement
of the citizens. When the county has a meeting, first of all
the citizens are not even
aware of it and even if they are aware of it, they would
never assume that it had something to do with them. So therefore, the intent of
involvement of the citizens at
a county planning meeting, is not a story. Discussion
continued. Councilman Allar
voiced concern on advertising the public hearing on July 18th.
Councilman Myers said
he will check to see if an ad could be placed at the sign at
the fire company listing
the public hearing. The secretary will ask the webmaster to
post something on the
blog sight for the public hearing. Solicitor Rausch said you
want to encourage the
residents to come to the public hearing on July 18th.
Councilman Myers said he
will see if he can get anyone to deliver fliers. Solicitor
Rausch gave Councilman
Myers the information needed.
Solicitor Rausch said you had to adopt the comp to re do
your zoning ordinance.
Councilman Snyder said we were asked by York County Planning
to proceed to
step 2 of the selection process for the zoning ordinance
update. We received
6 proposals which they call qualification statements from
engineering firms.
We only have one set of books. The idea is to go through the
books, pick up.
There is a qualification form, and pick three of the top
qualified to go to
Step 3. That can be done as a group or individually. My
suggestion is to
set up a committee of three. To peruse one week at a time,
each individual
to go through the books and fill out a qualification form to
pick their top
picks within the week. Then the next person can come the
next week
and then the following person can go through. If you pick a
secondary,
that way we can compare. Councilman Snyder, Councilman Noll
and
Councilman Allar will serve on the committee. Discussion
continued.
Councilman Snyder will review July 8 to 14, Councilman Allar
will review
July 15-21 and Councilman Noll will review July 22 to 28th.
At that point,
its just then a matter of the three of us getting together. Then
we can present
back to council on August 7th, the top three
picks. We can give a detailed
proposal. There was a consensus of council for this process
consisting of
a committee of three. The committee will give their
recommendations at the
August borough council meeting. Discussion continued on
updating the zoning
ordinance. Councilman Allar said one thing we can look into
since Yoe Borough
Solicitor’s
Report(cont.) Page
5
currently has about 50% rental properties in the borough,
something limiting
rentals. Solicitor Rausch said owner owned versus renter,
you can’t make
that distinction in zoning. You can’t say that in this zone
you can’t rent. Its
the type of use that you would be talking, whether it would
be an apartment
complex or townhouse. Councilman Snyder said the only way
you can regulate
it, is with restrictions, that if you are converting a
single family home into
a duplex, you are going to need ten parking spaces for two
unit. You can make
that as a requirement. Councilman Allar said that would
consistent with other
rental units. Councilman Snyder said they are pre-existing
non conforming.
At that point, we are talking about new conversions. You can
put down
restrictions, if they can’t meet parking regulations, if
they can’t meet off street,
they have to get a variance. A variance is a harder
standard. They’re suppose
to be a much stricter standard. Councilman Allar said we may
need to consider
that. Councilman Snyder said that was what Seth was working
on, in getting
the zoning board educated. We are not happy with the
representation that the
zoning hearing board is getting, but with our autonomy how
do we say its time
to find a new solicitor for the board. That was the issue
that Seth was working
on, I haven’t heard back. We were encouraging them to meet
just as a board
and go to classes to find out what they can do. Discussion
continued.
Solicitor Rausch was given a notice of a hearing for the
Lehmans, property
owners of 53 N.
Church Street
to be notified.
Councilman Snyder said FYI, we redid the agreement with the
Reidel property,
part of that agreement was paying $500.00 toward the closing
costs. He actually
submitted a bill from his attorney, part of the $500.00 that
we agreed to pay.
The bill was for $472.50 which is initially conversation
with his attorney and
drafting the agreement. Mr. Reidel asked if he should submit
that to the borough.
And I said do what you want, we are paying $500.00 toward
settling. I told him
there are going to be other costs with settlement. I had Sandy
Blankenstein showing that we are paying it on his behalf but
we are assuming
that this invoice is part of that $500.00. I’m forewarning
you. We put them on
notice. Councilman Allar asked is there anything in there,
that the easement is
taken off our deed. Councilman Snyder said yes, we will
extinguish that.
Councilman Allar said there are three deeds. Councilman Snyder
said we
will buy a property down by the road, so we will extinguish
the easement.
Its going to be a separate deed. We are saying we are
agreeing to extinguish it.
It is referenced in the deed for our dams. Solicitor Rausch
said you would have
a document that would be recorded, that would reference that
deed that you
have for the dams, you would say that reference to the
easement is hereby
extinguished. Councilman Snyder said the seller’s lawyer
prepares the new deed.
Solicitor’s Report
(cont.) Page
6
I haven’t heard anymore from York Township
zoning ordinance along with subdivision changes. Discussion
continued. Councilman
Snyder said we will bring this matter up at the next
meeting, to see if we want
to put up the money on the Riedel matter.
Councilman Snyder said the last thing I have, we received
notice from Spring
they were requesting PENN DOT to consider widening the
property down there,
to allow for future rail trail improvements under this
change. They wanted us to
know that they were still vial ably interested in the rail
trail and feasibility study.
That is why they were making that request.
Engineer’s Report
Mr. Malesker said I didn’t hear from Jake on his redoing of
the conservation
easement. Mr. Danko sent him a template. Councilman Allar
said he’s challenging
this business about the third party, going back to Danko.
Last month I said I was
going to meet with the head of the Conservation District. I
did not do that because
I wasn’t comfortable with whatever Danko’s reason is, why we
need a third
party. I wanted a good understanding first. As it turns out,
Jake doesn’t have
a good understanding. Dave Davidson from C. S. Davidson doesn’t
have a good
understanding either.
Probably Danko has asked Jake to submit something that
he feels is the proper easement. Then he is going to turn it
over to legal counsel.
I really don’t want that to happen. I went back to Jake and
said, make a suggestion
to Mr. Danko, we’re willing to go with the third party, the
Conservation District
is fine, maybe in the next couple weeks I can set that up.
Cut to the chase and get
something on paper. The permit is still not in. Obviously we
past the expiration
date on the original Growing Greener grant. The extension
even though the original
one was a one year only, has expired in June. We have to
keep our fingers crossed.
Then when its approved and they start moving dirt. Have the
conservation easement
done. We need the land owners agreement before we can turn
dirt. As long as
we are working on it, we’re going to be okay.
Mr. Malesker said MS-4 report was submitted last month.
Mr. Malesker said I did attach some photos of the Church Street
was done since the last month. I attached an inspection
report. There were a few
punch list items. Keystruct has submitted an invoice for
$11,370.00 for the work.
A motion to approve payment to Keystruct Construction for their
bid of $11,370.00
by Councilman Myers. The motion was seconded by Councilman
Allar. All in favor.
Councilman Snyder said motion carried. The secretary said
that money will come out
of the stormwater/infrastructure account. Councilman Snyder
said for the record, I
liked the pictures.
Engineer’s
Report(cont.) Page
7
Mr. Malesker asked do you know if we heard anymore about the
FEMA money?
Councilman Snyder said when I got the email from John
tonight, he had not. He
said to check with Barry in regards to the county.
Councilman Myers said I got
some of the money. For the fire company I met with them,
they approved. The
guy from FEMA wants to get out, and leave. If John got all
the paperwork. When
you get the letter, its six to eight weeks. The secretary
said I did not get a letter on
behalf of the borough. Mr. Malesker said I notified Shiloh
Paving of the situation
and they totally understand, they know that we have 120
days. I will send him another email this week. Councilman Myers said I’ll call
my guy. Mr. Malesker said inform
they we already have someone ready to go on the project.
Mr. Malesker said you should have gotten all the contracts
for the equipment/
materials bid. You are under contract with Fitz and Smith, York Building
Products for stone, Kinsley for bituminous and Re Con for
any milling.
Mr. Malesker said I met with Dana and Barry yesterday
morning at the Mason
from the CDBG application, showing why the sink hole
developed. There is a void
under the base of the old concrete wing all. This condition
has been going on
for many years. There has been movement going on. We have a contractor on board,
we don’t have to bid it, the engineering is done. I gave the
plans to Tim from Fitz and
Smith and they said the earliest they would be there would
be middle of August.
Initially when we did CDBG estimate, we put a price tag of
between $55,000.00 and
$60,000.00. He came back with an estimate of $44,000.00.
There will be a cost
savings because we are going to use, our CDBG estimate was
actually pouring
concrete. His estimate is using the K rock. There is big
savings by using that.
The estimate was less than what we had for repairs for this
year. Councilman
Snyder said the fact the Church Street
The secretary said approximately $19,000.00 will be taken
out of stormwater/
infrastructure account and then the rest out of capital
reserve. then over the
next two year cycle reimburse the capital reserve account. Discussion
continued.
Mr. Malesker recommends leaving the street closed until Fitz
and Smith can
do the repairs. We would have had to excavate down to use
the K rock so the
sink hole would have been in that area. That void will be
excavated out. We may
need to go a little further if the void goes upstream more.
Discussion continued.
Mr. Malesker said everything has been included in the
permit. Discussion continued.
Councilman Allar made the motion that we have discussed this
upcoming project,
and that Mr. Malesker notify Fitz and Smith and schedule the
project for mid
August. The motion was seconded by Councilman Howett. All in
favor.
Councilman Snyder said motion carried.
Mr. Malesker said a seminar that C. S. Davidson will be
sponsoring at the John
Wright Restaurant regarding infrastructure improvements
within your budget.
Jake Romig is going to be one of the speakers. Director of
the finance center
Engineer’s
Report(cont.) Page
8
will be speaking of budget restraints and funding
possibilities. There may
be some good ideas on some other grants or other things
available. Farm
and Natural Lands Trust representative will be talking about
cooperation
with municipalities with farming, rural character of York County
on September 21st. You can get MS-4 education
credits for attendance.
Certificate for going. Instructions on the flyer on how to
register.
Mr. Malesker said it looks like Sandy
customer appreciation at the York Revolution game.
Councilman Myers asked if Jeff Shue was contacted? Mr.
Malesker said
I did, he said that was a PENN VEST grant. Actually they
came to them,
they needed grants and they urged them to apply for. Its one
of those things,
that probably won’t be gotten again. He said he would put me
in touch with
the people he talked with, he didn’t think it would go
anywhere. I can always
give him a call. Councilman Myers said give them a call.
Councilman Snyder announced since the mayor has been working
with
Mr. Malesker on items, I feel its appropriate that you hear
this too. I would
everyone to wish John good luck. I nominated for the Pennsylvania State
Mayor’s Association 2012 Mayor of the Year Award. Over the
years,
its something he deserves. Not one specific item, but an
overall of what his
job and function at the council table and what his job and
function is under
the borough code and that’s where he’s excelled and he is
gone above
and beyond what a mayor should be asked for. Councilman
Snyder
stated what was on his nomination form.
Maintenance Report
Councilman Snyder asked if everyone had an opportunity to
read over his report.
Councilman Snyder said as a follow up to last month, about
following up with
the letters to people who haven’t paid the property
maintenance license fee,
those letters have gone out dated July 2nd. That
has now been completed.
Councilman Allar said Barry, I talked to Dana if he has to
do traffic control
with the crosswalk work. There is a grate at the Springwood
and Mason Alley,
it pops out of its base. Dana was considering when traffic
control is done perhaps
check that. Councilman Myers said I have people coming from
the manufacturer
coming, so the traffic control will be there while they are
there. If it does happen,
it would be last thing that will happen during the time the
traffic control is here.
I am worry about the heat with the road, might have to fire
trucks to cool things
down. If we can we will do it. He told me there is some
storm drain issues.
Zoning Officer’s
Report Page
9
Councilman Snyder asked if everyone had an opportunity to
look over
the zoning and code enforcement folders.
Councilman Myers said Dan had activity on 17 E. Pennsylvania Avenue Sandy
checked with Sandy 318
S. Wilson Court
for a zoning permit, dropped off zoning permit at office.
Total mileage 20, 2 ½ hours
for May 2012. Patti Myers sent letters to 158 S. Main Street 359 S. Main Street
after the 17th. On the 19th, permit
for the pool at 153 S. Orchard. Residents of W. Walnut street
98 W. Broad
Street 53 Church Street .
Attended the webinar about working with the district justice
system. Received email on 119 W.
Water Street
Councilman Allar asked if he heard anything from Seth on
what we talked about
last month, we had a difference of opinion, he didn’t know
if paint was covered , you
said it was covered on the Smith property. The new
ordinance, section 302 was
referenced. Chapter 3 which is part of the code, shall be
maintained and reconditioned,
exterior wood surfaces, shall be protected from the
elements, etc. I don’t know why
he’s saying its not covered. The reason I’m bringing it up,
we are half way through
the summer and Patti needs to give them due process which
takes time. Discussion
continued. Councilman Snyder said I talked with Seth and I
reminded him what
is in the ordinance. He reminded me, we can’t fix the whole
time at once. So as
a council we came up with the plan. Cutting the town with
zones and specific
points to have the new code enforcement address along with
health and safety
issues. We have an ordinance, we can’t address everything at
once. With the zoning
ordinance coming up, having a historic district to have
houses in stricter
standard. Health and safety is the priority. Discussion
continued. Councilman Snyder
said Councilman Noll knows what’s in the ordinance, he said
to remind council that
we all agreed to go after health and safety, one thing at a
time, uniformly and systematically. Councilman Strausbaugh said the Main Street
If people can’t afford it, is fining them accomplish
anything? Councilman Snyder
said you have no other option, you can’t force someone to do
something, the only
other thing you can do is fine them, that is our only recourse.
This is not going
to happen over night. Councilman Strausbaugh asked what
about the house
across from Seth? Councilman Snyder said that’s the one we
were talking about,
that one. He is paying the fines. We went after Gary Smith’s
property about
health and safety issues. There are some pretty bad health
and safety issues on
some of these other properties, and that is where we need to
concentrate. Discussion
continued.
Emergency Management
Report Pg.
10
Councilman Snyder had no report.
Mayor’s Report
Councilman Snyder said we pretty much went over what we had
from FEMA/PEMA.
Secretary’s Report
The secretary reported that the state auditor general’s
office will be conducting their
audit on Monday July 16th for 2009, 2010, and
2011.
The secretary reported a copy of the bill from YCPC for the
traffic study was given
to Councilman Myers in his minute packet to forward to the
fire company for
reimbursement.
The secretary reported that the office may be closed for one
or two days this month,
right now a date can’t be given.
Councilman Snyder said we did received from the Red Lion
Senior Center
are holding a silent auction on August 11, 2012. They’re
asking for donations.
Councilman Snyder reported we were given notice by Hemler
ACS, that they
will be on vacation from July 7 to July 14, 2012. They will
be advising 911
with their contact numbers. They also sent an invoice, they
took care of the
stray cat situation at 259 S. Main Street
3 adult cats and 2 kittens. They were also in the area took
notice of dogs
running at large. Also one person had a bite, they
quarantined the dog, they
confirmed that the dog was healthy and released. Councilman
Myers
asked is that something we collect our monies back since we
paid Hemler
for the process with the dog bite? Councilman Snyder said it
was a $22.00 fee.
Council by consensus decided to send a letter and bill the
owner for the $22.00.
Unfinished Business
Councilman Snyder said there was no unfinished business.
New Business
Councilman Snyder said there was no new business.
Payment of the Bills Page 11
Councilman Snyder asked has everyone looked over the bill
list? A motion was
made by Councilman Myers to pay the bills as listed. The
motion was seconded
by Councilman Allar. All in favor. Councilman Snyder said
motion carried.
Adjournment
Councilman Strausbaugh made a motion to adjourn the meeting
at 9:31PM.
The motion was seconded by Councilman Snyder. All in favor.
