Monday, August 13, 2012

Yoe Borough Council Meeting Minutes - July 3, 2012

                                YOE BOROUGH                   Pg. 1

                        150 NORTH MAPLE STREET

                                YOE, PA   17313

                        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. The

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)


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.


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.


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. We want to keep that

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, within a month they bid on it.

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 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 held a public meeting. Councilman Allar read from Section 302A: Adoption of

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 is our planning commission. We’ve appointed them to be our

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. The code enforcement officer wanted the solicitor

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 write a letter to

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 via Councilman Noll on the new

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

Garden Township. They are doing some interchanges at exit 18 of Route 83. And

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 bridge repairs. That

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

Avenue Bridge. I have spoken with Tim from Fitz and Smith. These are pictures

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 came in under and this estimate is under.

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. This is

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 distributed the invitation for the

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 to check on shed, checked with Sandy for information, checked inspected for a shed replacement,

checked with Sandy for Rod Trimmer’s zoning payment, 318 S. Wilson Court applied

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 and

2 E. Pennsylvania Avenue. Mailed the letters on 6/18 on 158. Grass has been mowed

after the 17th. On the 19th, permit for the pool at 153 S. Orchard. Residents of W. Walnut street about noise issues. Checked removal of trash still there. Talked to Dana about

98 W. Broad Street. Talked to Dan. Hearing on July 23, 2012 for 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 in town is looking rough.

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


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


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 that they

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, from 6/11 through 6/18, they captured

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.


Councilman Strausbaugh made a motion to adjourn the meeting at 9:31PM.

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