Monday, September 10, 2012

Yoe Borough Council Meeting Minutes - August 7, 2012

                        YOE BOROUGH                  PG.1
                150 NORTH MAPLE STREET
                        YOE, PA   17313
                        The regular monthly meeting of Yoe Borough Council was held on August 7, 2012
at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called
to order at 7PM by Council President Sam Snyder followed by the Pledge of Allegiance.
Council Members in attendance:
Sam Snyder
Seth Noll
Tom Allar
Regan Strausbaugh
Barry Myers(arriving at 7:04PM)
Wendy Coble Tyson(arriving at 7:53PM-departing at 9:50PM)
Others in attendance:
Sandy Sterner,Secretary-Treasurer
Dana Shearer, Maintenance
Steve Malesker, Engineer
Nicole Ehrhart, Solicitor
Robert and Karen Morton, Residents                         Mike McGonagle, 291 S.Main Strett
Bob Strobeck, Resident
Joe Strobeck, Resident
Jim Tyson, Resident
Other unidentified residents of Yoe Borough
Councilman Snyder said just for the record, I’d like to thank Sandy and everyone for the thoughts
for the birthday.Not that I’m relishing 50, I’m finally making it over the hump to old aged status.
Thank you for everything. Cupcakes for everyone.
Councilman Snyder said I have one on page 9, third paragraph, line 9. Where it talks, he reminded me,
we can’t fix the whole time at once. It should say the whole town at once. That’s the only correction I
have. A motion to accept the meeting minutes of July 3, 2012 with the noted correction by Councilman
Allar. The motion was seconded by Councilman Strausbaugh. In favor: Councilman Snyder. Abstaining:
Councilman Noll. Councilman Snyder said let the record reflect, along with myself, there is a quorum
tonight. With the absences of George, Wendy and Barry, if any were to show up at a later time, we’ll
Minutes(cont.)                                                                        Page 2
just make note in the minutes of their arrival because they won’t be taking any part of any motions
up to that point.
Mr. Morton asked we were wondering what Mr. Rexroth is up to, with the transfer of land. Councilman
Snyder said let the record that Bob Morton, Yoe resident, address 290 S. Main Street. Councilman Noll
said we have not received any plans, any requests at this point, you probably know as much as we do.
Councilman Allar asked are you talking about a phone call or what the township is doing with
the rezoning. Mr. Morton said the rezoning. Councilman Allar said that is a different question, you
want to know what they are doing about that. Mr. Morton said what York Township is doing about the rezoning, if its going ahead with high density and what is being done about the water run off. Councilman Noll said its going to come up in front of the board again, it was defeated the first time.
We have as a council, and I have personally talked to the people at York Township, it is their
ordinance, they have crafted it and they are their own municipality and they have chosen to go in
the direction that they are going to change from an industrial land to a high density residential.
Mr. Morton asked and that’s in York Township? Councilman Noll said yes. Its out of the
industrial zone and into the residential. The only way you can find that information out is by
going onto the York Township website, its not published anywhere, they will not give you a copy.
You need to go to the website, it’s the only way you can get info on it. Someone asked why
they are being so difficult. Councilman Snyder said you have to ask him that. The only thing,
we’ve been kept in the dark as far as what they notified us on. Officially when we found out about
it in June or July, we did send a letter on behalf of the borough. I think they were going to. Councilman
Noll said the second week of June, they were suppose to vote on it and it was defeated. Councilman Snyder said so in the first week of June we actually sent them a letter and reaffirmed our stance that
we didn’t want it rezoned and all the comments that we had made previously are still in full affect
as far as we are concerned, our objection to rezoning. Councilman Allar said the problem with that
Sam is, that I called you but didn’t get to you in time, the letter refers to what happened back then but it doesn’t go into any details as far as what is the impact, storm water, traffic in town. At least half of
the commissioners, that are here now weren’t there then. They know nothing about the impact. The ones that are there might not even remember, what we were arguing at that time. So the letter is good. it
doesn’t say how its going to affect Yoe. Other that what it addressed. Councilman Snyder said
that was my whole point, if they are really truly wanted to be a good neighbor, its my point. They
can easily look back and see what our objections were if they were going to entertain it, they would
say, start up a dialogue. Pretty much all I can tell you, is what we heard that even York Township
residents weren’t happy with the way it transpired. They felt they were doing in such of an attempt that
they would pass things along. We voiced our objection even at this point. I was actually going to bring,
question Seth about it tonight, we have our own issue. That stems on them passing this ordinance because they are changing, not only that part of the zoning, they are changing everything. Along with
that, its called a reverse subdivision. The municipality’s planning code really doesn’t allow for that,
its called a subdivision. They are actually making it easier, part of that change is making it easier when
you do what they call a lot change line, a lot line change. That you don’t have to go through all the
Visitors(cont.)                                                            Page 3
hoops and whistles in order to achieve that. Well we have a land agreement to purchase some extra
land down here at the dams which we want to go through a reverse subdivision so we can add that
to our dam. That’s been held up waiting to see what the status of this is. So all we know at this
point is what I saw in the paper, and it was a public notice that they are going to have a special
meeting on August 13th at 6PM. This says August 13th. Thereafter within sixty days from August
3rd, the township board may consider for passage the above described ordinance. So I don’t now if that is a typo or that they meant to say sixty days after the 13th. Again all they are going to do is take
public comment. The attitude we heard from the last time, public comment is for the public to comment,
they’re not going to respond to that. You’ll say your piece, they’ll say thank you very much, next.
Its just to make a comment, they’ll put it on the record and then at some time in the future they’ll
decide to pass it. Mr. Tyson commented they’ll wash their hands of it and walk away for it, no matter
what’s said. Is that the interpretation? Councilman Snyder said I can’t speak for what they may or may not do, the last time, two to two vote, it tied for lack of passage. Mr. Tyson said what happened
back at the House of Windsor, same gentleman, I was at that one, I wasn’t a resident of the borough then. And brought something up about it, the property in question, how much of that property is in Yoe Borough? Any of it? My name is Jim Tyson, address 320 S. Main Street, Yoe. The property in question how much of that property is in Yoe Borough? And what can Yoe Borough do, to intercede on that part of the property? Councilman Snyder said there is roughly 2 maybe 2 ½ acres in the borough. We’re
already proactive on that account, probably back in March, we directed our engineer to look at the
ordinances. Because right after this came into fruition five, six years ago, we put into place a new
ordinance that’s called screening and buffering, and that restricts how much density you can get on
land. Then instead of what he proposed earlier, which would have been like three rows of buildings
having six buildings in it, so it would have been like eighteen units on those two acres. The maximum
he can now put in is like six or eight, is going to be maximum. So we already addressed that issue.
We had our solicitor at the same time, look into the law, to give us an idea of what happens when
one subdivision crosses municipal boundaries. Because here he is going to have one subdivision,
part of it is in York Township, part of it is in Yoe Borough. She came back with a report and cited
the appropriate case law that said, he will have to meet those York Township guidelines and Yoe
Borough guidelines. That being said, with our discussions, we feel we are in good position. Especially if you know the topography of the land, he will not be able to, very easily without Yoe Borough’s Council approval, like run storm water down into the borough, back up and then into a retention pond on the
other side of his land. I can’t make any comment on what the council would do with the plan not being before us, but I would say the council would look and make sure that would meet the stringent requirements of the borough and would look out for the benefit of borough residents, when we decide
to approve or disapprove of the plan. Mrs. Morton asked about the traffic on 3rd and 4th street?
Councilman Noll said if I may comment on the whole thing, since this plan came before the county
ordinances have changed greatly, the storm water ordinances. That is going to affect greatly what
goes on up there. Three years ago they put plans through that were 11 to 12 pages of comments,
comment after comment. This is not a slam dunk for anybody and York Township  was exceedly
willing to sit down at the table with them, I was the borough representative and we went through
comment by comment and looked at everything. And York Township in that way was proactive
with us and wants to work with us if anything happens back there. But we have to remember is
Visitors(cont.)                                                Page 4
York Township is a sovereign municipal group different from Yoe Borough and we can not
force to do anything. It’s the same thing, they can not force us to do anything. There are rules and there are regulations, while they may listen to our concerns, its really up to them. They are diligent to their
citizens as far as they make their decisions. So one of the best things, if anyone would be there on the
13th , voice your opinion to York Township, feel free to do that. We’ve done it internally, as Sam
said realize that they will probably will do no more than listen to what you have to say in your certain block of time to speak, they will not comment back to you. Mr. Bob Strobeck said wouldn’t it be a good idea at this point, to do a back up letter, stating that you have quite a few unhappy residents, just another
back up letter to bring it to your attention, since the last one. Give them another back up letter, Yoe
Borough can’t withstand the development factor with traffic and stuff. The improvements he made in
that upper lot, that he didn’t get any permits or anything from Yoe Borough. The second time I got
a major wash out, the last time which was last week, they were up there, two days trying to straighten
that mess out. The next time I am going to York County Conservation, and let those guys handle it,
washing my yard out because of his so called water retention process, that doesn’t work. I would
really like to see Yoe Borough give them a back up letter. Once its changed, then its too late. I don’t know if it’s a good idea or not. Councilman Noll said all we can do is make it matter of record, send
them another letter. Technically as of right now, take my word for it, its not going to matter. We’ve
been down that road with them, and they want the plan, they are not looking at one piece, they’re looking at the entire plan. Its not that they don’t have concern for us, we are just one small piece of
the plan. Mr. Tyson asked what if we get the state involved with it. Councilman Noll said they are
within their rights through the municipal planning code, which they follow. Mr. Tyson asked did end up that there is water running onto your property up on the hill? Councilman Noll said there are specific rules and ordinances that any developer would have to follow and if there are things washing out the first call needs to be made to York County Conservation. Yoe Borough has made several of those
calls, when the water was worse and washing out the tennis courts. We’ve got seven reports that
they have down over the last years. Mr. Strobeck said last week a shot of mud went across the tennis
courts. Councilman Noll said another good thing, is while the rain event is happening to take photographs if you witness this. The hardest part for the conservation district is, they are coming out
after the fact a lot of times unless you are there while the event is happening, the evidence isn’t really there. Anyone that wants to do that. County conservation is complaint driven. Anybody, it doesn’t have to be a municipal authority, can call them and have the complaint on record. The more documentation
photos are there, the more enforcement they can do. Mr. Strobeck said I just feel with a back up letter,
the borough can let them know problems. Councilman Allar said it wouldn’t hurt to do it, makes sense,
I know Seth has talked to York Township at the staff level, I don’t know if the commissioners know
anything, the impact. They may not have been there, or they may have been there and forgot about it.
They don’t know what traffic is going to do, they don’t know how stormwater is, going down the bank or to Mill Creek. I don’t care what the ordinances say, its going to have go somewhere. We’re downstream. When they have all these properties to develop, you really think the commissioners understand for everyone of them. Unless you’re specific. Councilman Myers said that’s what I’m
saying do a letter to say that, it doesn’t hurt to go to the meetings and state your opinion. I went
to the last meeting, they didn’t ask any questions. They left the people say their piece and walk away. Then after everyone was done, they voted. The vote was 2 to 2 and it died. There was some people
there had some good reasons better than we do. It was split. Mr. Bob Strobeck said five to six years ago
we went through all this stuff, and at that time we followed through with York Township. Township
Visitors(cont.)                                                Page 5
back then, its in the minutes or whatever, they imposed on Yoe by approving anything but what it is, let it sit, its not good for anything. I asked the zoning girl about that a couple weeks ago, they have new
regime, that don’t count anymore. A unidentified resident said we will have to go through all of this
again, its in the minutes, its crazy. Councilman Snyder said that’s what I’m trying to say as nicely
as I can, they’re not going to go back regardless of what you say, how you say it, how you present it,
if they say they’ll go back and we’ll just rezone that one little area on the zoning map, that opens up
the whole can of worms because then the next person says, what about this and what about that. So I’m
telling you from being in this business for twenty years, they’re going to more than likely pass it as
is and they would tell us as a council person, from a joining municipality, we will work with you if
and when any development comes to fruition to make sure its strictly adhered to minimize any
impact. Councilman Allar said there is some value like Barry said to another letter. So when it
happens, and it will happen, its specific and we have laid a record to the new commissioners,
as the new guys, we are saying when the actual development is in front of us, it has more meaning.
We have more to stand up for. Councilman Snyder said I could write a letter and say our comments are the same as before, all our issues are the same as before, please see attached. I literally have a box full of stuff, this thick. And we’ll have our maintenance man send it over and if that doesn’t get their attention,
to say this how serious it is. Because I’ll tell you right now, if I send the letter, and say its going to
have a traffic impact, you’re going to have a new commissioner up there, that’s going to say without
a traffic impact study it doesn’t mean anything. You are going to have another commissioner say
well you are worried about water retention, well we changed our water retention ordinances two
years ago, they are more strict, you aren’t going to have a water issue. Then you are going to have
another commissioner say, that was that particular plan, there is no plan before us right now.
So, whose to say, the plan that does come before is, twenty homes. Without having, we’re stymied
because we’re talking about two separate things, what they’re doing right now, they are rezoning the land, that land could set vacant for the next hundred years. Just because its zoned industrial now, there isn’t any industry up there. Okay, what we have to concern ourselves with is getting rezoned to
high density residential. But then what is planned when they try to develop it. Is it going to be 1,000 homes, then we have a problem, or is it going to be one home? Literally a millionaire could buy it and put just one home, you can put just one home even thought its zoned high density residential. And
that’s their attitude. They are going to say, how you can say there is going to be traffic impact when the land can stay vacant for one hundred years. That’s what we’re up against. Councilman Myers said the zoning does not cover that area up there. It affects Yoe Drive, Maple Street and High Street going out.
Its going to have an affect, its just not up there. These people are worried about up there. Councilman
Snyder said they are changing everything. Councilman Myers said its affecting here too. The zoning
patch is so large, I don’t know if anybody’s seen that map, its oh my God. Its amazing what they did,
and its surrounding us. Mr. Tyson said the traffic affects us now, whether they put another 300 homes
up here or do like that did, up there at the park with water run off and the traffic, you know. There
were years ago, apartments built that there should have been some, never put in and there was never
enough parking. I know what it’s like, I know what the noise is like, I know what the trash blowing in
my back yard is like. Councilman Myers said to keep things moving, I think we should send a letter anyways. Councilman Snyder said we did. Councilman Myers said I know but send another follow up
one. Mr. Tyson said we’ve got to send them a new letter, that is not addressed to us its addressed to
the landlord. Councilman Myers said we addressed up there, we didn’t address like Yoe Drive and
Visitors(cont.)                                                Page 6
Maple Street in that letter. Mr. Joe Strobeck asked they are thinking of rezoning Yoe Drive?
Councilman Myers said well the area back here, it’s the same when they rezone, it becomes
industrial. They are changing everything so much, back here they are zoning it industrial.
Mr. Tyson said they are flipping. Mr. Joe Strobeck said all this flipping around is benefiting
who? Mr. Tyson said its always being done to benefit a few. Mr. Joe Strobeck said I want to go
on record, we don’t benefit. Councilman Noll said the only thing we can do is send a letter,
stating our position and if they choose to read it, they do, if they choose not to. Councilman
Myers said at least they have that on record. That’s all I say, do it again, I realize cut and paste.
Mr. Joe Strobeck said there is a lot of rumors floating around here, you know, about this rezoning, what is taking place and who might be benefiting. I just feel strongly about the comments about what they
are going to do. The facts be known that York Township, has one commissioner and one of the zoning people, they want something more concrete to dot the I’s, so you can do things. What I’m saying,
it affects everyone. Too much of those things. Councilman Snyder said I understand. Councilman
Myers said that property up by you, now its industrial. Moves to residential. Nothing positive about it.
A resident said light industry, a couple buildings and a parking lot. A lot of industrial, I don’t see a nuclear waste dump going in. Mr. Tyson said don’t hold your breath. Councilman Allar said I think
maybe, if he could have done it, he would have done it by now. Mr. Tyson said may have turned it
even into a landfill. A motion was made by Councilman Myers to send another letter. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said motion carried. Councilman Myers asked are you guys going in there that night, unfortunately I can’t. The last one was interesting.
Mr. Tyson said I see a lot of vacant properties, we’re up to seventeen maybe eighteen. They are rather dilapidated. Mrs. Morton said I understand letters have been sent out. Councilman Myers said there
is a whole list here. Mrs. Morton can we make people pay up? Councilman Myers said a couple have
been arrested, and they just pay the fines. Councilman Noll said two court cases were fought, two
weeks ago. And we won both of them, people weren’t mowing. We are sending the letters out. One
of the biggest problems is, so many of these are owned by banks, that are banks in Arizona or New Mexico, wherever they happen to be. Back tracking through as soon as we find the bank we send
them a letter. Councilman Myers said then it changes, Tomes, the first bank changed to a second
bank. Transferred again, already changed. Councilman Noll said we are going to be talking tonight
about further implementation of the International Property Maintenance Code and what the borough
may want to do with that, give us even more teeth to go after the people. The biggest thing is what
we the borough council is grappling with, do you want to see your taxes up tremendously. We can
fight every house to the Nth degree, we’re trying to find a happy medium. The last house, that
Wrightsville Borough bought, for simple maintenance and upkeep items, cost $25,000.00 for one property. Took them 2 years. We are trying to figure what is fudiciarily the best thing to do for the
town so we can get people to maintain their property without bankrupting the town. Very drawn
out, very costly process. Further adoption of the Property Maintenance Code, we’re trying to tighten our ordinances up. In the last year, we have changed our ordinances, increased our fines. Councilman Snyder said a minimum of $100.00. Mr. Tyson said $100.00, $250.00, $500.00, if I remember correctly.
Councilman Noll said they have gone up tremendously. Councilman Snyder said now understand at
this last hearing, that Seth was mentioning, 53 N. Church Street, they got a $150.00 fine. In tonight’s bill packet, we had the experts here, and we had to have the property maintenance inspector there, we have
over $283.00 in just code administrators to testify in our behalf. Costing money just to go after these
Visitors(cont.)                                                Page 7
people, to appeal. Mr. Tyson asked pictures aren’t worth anything? Councilman Noll said if you have
pictures, you have documentation. Time for a lawyer at $150.00 an hour to stand up, and pay code
officials. We go after this as hard as we can but we have to be cognitive, when you sit there and wonder why your taxes are going up. Another thing we have done this past year, we have a code enforcement
officer. She has been running around to try to get the town up, because one of the biggest complaints
of municipalities is getting caught with is targeting. People come and argue that you are targeting
my property. People definitely need to clean up. We have our town divided into ten zones, we are
going once a month, to different zones, looking for specific things, things are being written up, sent
in, court is happening. It could take you four to five months to get someone to cut the weeds, by the
time it grows, it gets to the point its in violation and the process, there is two foot of snow and the
ground and start it all over next year. Its very, very frustrating process that you have here. Mr. Tyson said the crooks have all the rights, and the people who are trying to abide by the rules get screwed again.
Councilman Myers said when they have to start paying the fines, they get to go on a monthly payment
plan, $5.00, so you don’t recoup that money right away. So you do the paperwork and now you are
paying the county to do the paperwork. So on $100.00 fine, they are paying $5.00 month, it takes
forever you know. Councilman Noll said the unfortunate things is we have changed our magistrate
within the last year, since the last election and that magistrate does understand that fines are important,
and they are levied because municipalities are spending certain amounts of money. He is very
receptive to that, our previous magistrate would knock a fine down to twenty bucks, routinely.
So we have gotten more support from our magistrate since the changes. Mr. Tyson asked the magistrate?
Councilman Noll said you had the opportunity to vote him into office. Councilman Snyder asked any other issues? Mike McGonagle, 291 S. Main Street said Sam, earlier you gave the scenario, if the zoning
goes through the way York Township has it, any type of rezoning, and a project does begin back here in
that area. You said something to the effect that, at such time, York Township will work with Yoe Borough to minimize the impact. I believe one of the impact items will be increase the parking on
Third and Fourth Street. If so, without going into great details, do you have some kind of defense
against that? Councilman Snyder said well at this, that would, and that is what I say we are talking
about an unknown up there. Because there is no subdivision on the table. So what York Township
has always told us, in that instance they are more than willing to work with us to see every t is
crossed and every i is dotted. Because at that point, those York Township, York County and Yoe
Borough have to sign off on any development that goes on there. If we have a concern, with parking, York Township will be cognitive of that and again when you have three different municipalities,
that have to approve it. If one says no, you can’t. Councilman Noll said its important to note
that York Township can not force restrictive parking on Yoe Borough no more than we
can force restrictive parking on York Township. Councilman Snyder said again its all hypothetical
if its only twenty homes that are going to be going in up there ,then its not an issue. If there
are 500 homes going in, we’ve got ourselves a problem.  Depending on what proposed at the
time to dictate what we’re going to be looking at, as to what remedies are out there. We’ve
already said, if they’re putting so many homes, we’ll have them. That project sitting up there
that says C. S. Davidson, that’s a million dollar project for storm water. We’ll make that one of
the conditions, you have to do that storm water project to upgrade our storm water system.
That’s legit. Okay so now is the development going to put in a million dollar infrastructure
improvement into Yoe Borough. But we have that latitude to make one of the conditions of the
Visitors(cont.)                                    Page 8
approval. So, that’s what I’m saying, at this point, without having any plans. Just know that
we do have some leverage there at that time. We did prepare our engineer to see that the
land in question was taken care of. We already had our lawyer look up the legality as far
as do they have to meet. I know the last time, we tried to just develop the Yoe Borough
portion. He was using 25 foot of York Township’s land to meet our zoning requirements, of
the lot density. Well that’s illegal. He has to meet lot size in Yoe Borough, doesn’t matter
where the line runs. So already have those answers. We have been trying to proactive, but
when there is nothing to really grab onto, say this is what we are fighting. At this point,
its just a rezoning. Its like what Barry was saying, that’s just one small portion. It’s the
whole thing. Which is why a lot of York Township residents are up in arms about this too.
Cause its not just us. Councilman Noll said also another part will benefit us, the Attig
property, the stone house going out of Yoe towards Red Lion. How its beneficial to us,
is that is less. On the left hand side going out of Yoe. Councilman Snyder said its going
to medium, it was high density as well. Councilman Noll said drop that down to medium.
Councilman Snyder said and that’s three times as big as what we’re talking about here.
She has forty two acres, three acres in the borough and forty two in the township. And the only access
is through Yoe Borough. Councilman Myers said the properties above Attig, that’s all down hill,
and we are all down hill. They are changing that ordinance. It makes sense. The county has taken a position with water runoff, its a lot harder, even to put a black  bear structure in backyard now.
But, its gotta help some. Councilman Noll said to give you all an idea, York County Planning
Commission adopted the Chesapeake Bay Foundation Initiative, in the case the governor signed on,
EPA forces us to do because of funding. We had ordinances in front of us, that were recently
adopted, the ordinances were so descriptive, if you use any development on your property. You
build a shed put it on the back, you must provide water run off for that if we would have gone
by the ordinance and you would have had easement on your property that is registered with your
property so there is a storm water easement would be always on your property. We fought
against that and said 750 feet, anything that was bigger than that, we would go with it. We fought it
and that way the homeowner doesn’t have to go through all these things and get an engineer,
do a storm water report. You can get five to six thousand dollars with the engineer reports, easement
for a $400.00 structure. That’s how they get you. Those are the types of issues we’ve been looking
at to try to pull those things away from borough residents. In our opinion, you should not be
penalized with that type of that burden. Mr. Tyson said you have to provide water retention?
Councilman Noll said not only that, you have pay to have it inspected every year by an engineer.
As well as an easement, a permanent easement to your property for that structure. Mr. Tyson asked
whose office decided that? Councilman Noll said it came straight from the EPA. Councilman Snyder asked any other issues? Mr. Tyson said one thing, said I saw different municipalities have signs
limiting the use of engine brakes aka jake brakes. They are very distractive. At ten, eleven o’clock at night, its not one particular. Dump trucks, tractor trailers. Can’t touch diesel vehicles because of
their engine retarders. Richland Avenue where it meets Carlisle Road, ordinance against, illegal to
use engine brakes, jake brakes. The sign says ordinance number. Market Street Route 462, a state road.
Councilman Noll asked do you know how the work? Mr. Tyson said yes sir, I have used them.
Councilman Noll said you take your foot off the brake, they slow down the engine. Mr. Tyson said
correct. Councilman Noll said I want that engine to be retard as soon as they take their foot off
Visitors(cont.)                                                Page 9
the gas. I want the vehicle to slow down. Mr. Tyson said don’t use them for that, they use them
for the noise. Councilman Myers said the other thing is, you ask the township and other
municipalities how they enforce it? If you have an ordinance, you have to enforce it. Councilman
Noll said that is a police issue and they don’t enforce it. Mr. Shearer said let me talk on that issue.
I do live on Main Street and I have a Class A CDL. I think those laws are crap. I know but, they
are crap. We already have a noise ordinance, if there is a complaint on the truck, they need to call
the cops and work through the noise ordinance of the borough. We don’t need to put another
law on the books in Yoe Borough, that I’m going to have to put up signs for, and that the cops
are going to have a hard time enforcing. Mr. Tyson said I brought about the noise and I was informed that they do not have audible detectors to register the decibels. That came from one of the
enforcement officers for this municipality. Councilman Noll said that’s the same exact reason,
they won’t enforce that law. Mr. Tyson asked then how can they set up on private property to enforce
the posted speed limit, when they do not have written permission. Councilman Noll said that
would be a question for York Area Regional Police if you’d like to contact them, they would be
happy to answer that for you. Mr. Tyson said I was cut down by a member of this authority, previously
but I left it slide because my father in law did not want them in his driveway anymore. Verbal
agreements as good as the paper written on. I don’t know if the municipalities would be responsible
if it was fought in court, maybe this something, this authority should look into, if they are liable
for that as the recipient of the service that is being provided, I don’t know. Looking at philosophically
at 500 million lawsuit. Councilman Noll said if you feel that its that important to you, I suggest you
contact a lawyer and go that route. Because you will find out that several of municipal protections,
looking out for the public safety is one the key thing that we are elected to do. And I can tell you
right now you are not going to win, but if you feel that strongly that would be my personal
suggestion. Not the suggestion of this council, but my personal, that is the route you need to take.
Mr. Tyson said if the township would be brought up, as a scenario. Mr. Tyson asked what can be
done about the water is being run onto my sidewalk from an upper property which is not coming
down the road that is blacktopped. Flooding out. Who do I? Councilman Noll said potentially
York County Conservation. Councilman Snyder said that’s being addressed right there. We are
waiting for a million dollars, if you have a check tonight I’ll take it. Councilman Noll said that
would solve a lot of water problems. Councilman Snyder said right there it is, if you give us a million dollars we’ll start work tomorrow. Mr. Malesker said we’ve had a lot of issues, the Mortons had issue.
We had wanted PENN DOT to mill before they paved. Mr. Tyson said its at the curb that I’m talking
about. Mr. Malesker said there’s not enough reveal, that’s why we wanted them to mill to increase
the amount of reveal so the water can stay in the curb line and not jump the sidewalk. Mr. Tyson said I’m talking about a driveway. Now its back up over the top where it jumps higher than the entrance to
the driveway. Councilman Noll said that’s a complaint to PENN DOT Region 8 as a state road, they
are the ultimate authority, they have to do with anything on that road. Councilman Snyder asked any other issues?  Thanks for coming tonight.
Solicitor’s Report                                                      Page 10
Councilman Snyder said welcome back. Solicitor Ehrhart said thank you.
Solicitor Ehrhart said the first thing give you a quick update, Charlie had indicated that council is ready to move ahead and hopefully with some authorization from you tonight I can go ahead and advertising
for open bids at your next meeting. What I did was some bid specs for the borough. What I used is
a much larger municipality’s and broken it down for what I thought would be applicable for the borough
for when you are bidding. You have them now. I’ll pass them around. These are the guidelines for bidding. Discussion continued. I don’t need to know tonight, you can let me know if there any changes,
before I advertise for September. We need to advertise two times, three consecutive days for you guys
to open bids at your September meeting. So I just ask that in about a week you give any comments and
let me know so I can put together the appropriate advertising and keep you on track. If you inclined not
to open bids until October, your timeline for what you want from me. The other thing I did for that,
I added insert ordinance here, insert contract here to make it a packet. Discussion continued. Councilman Noll asked Sam, do we need to appoint someone official to make any comments on this?
Councilman Snyder asked when is your drop dead date to advertise? Solicitor Ehrhart said two times,
in not less than three days. Really I should advertise by the twentieth. Councilman Snyder said that
gives council two weeks to review. Anyone has any changes to email me or call. All Sandy needs to do is to copy the contract that you already approved, and a copy of the ordinance. A motion was made
by Councilman Noll to give approval to the bid spec package and have Councilman Snyder to be the contact person for any changes that we would like to see and to use for our garbage contract. The motion
was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. A motion was
made by Councilman Myers to authorize advertising for to open bids now and to open bids in October.
Solicitor Ehrhart said I can not advertise more than forty five days out from when you will open bids.
I’ll keep that in mind. The motion was seconded by Councilwoman Coble Tyson. All in favor.
Councilman Snyder said motion carried.
Solicitor Ehrhart said Claycomb has signed and it was sent to the recorders today. Sent a reminder
to Attorney Roberts to sign the declaration so I can close out the docket at the Court of Common
Pleas and then wrap this up. Councilman Snyder asked as along as he withdraws, we don’t have
to get a determination in court, to say our quiet title request is granted. Solicitor Ehrhart said
he’s not withdrawing, cause if he withdraws I have to take default judgment which kind of delays it. I’m asking to make the stipulation to take judgment. All the other defendants were taken by default. I’m asking to say, I can enter it by default, by stipulation by council. And then I’m going to ask the
court, here’s the stipulation, you agree and enter my judgment.
Councilman Snyder said in conjunction with that, that notice that we saw for August 13th with
York Township, what does council want to do in regards to the Reidel property? Either hold this off again, until we hear for sure how that goes. All they are saying, I’m sure because it says, he has
signed the contract, he can’t back out. It’s a matter of do we want to go ahead and do a subdivision,
they have sixty days after this hearing to just pass it. Discussion continued. Councilman Noll
said I’ll know the next morning if this ordinance is adopted. I think we have to wait on it, we
don’t want to expend money till we find out if the ordinance is passed.
Solicitor’s Report(cont.)                                            Page 11
Councilman Snyder said we had a hearing July 18th on the Tri Borough Comprehensive Plan which
Yoe Borough is part of. We were instructed to prepare a resolution to adopt the plan. I prepared
resolution 2012-04. … Therefore be it resolved that Council of the Borough of Yoe does hereby
adopt as its comprehensive plan, the adoption entitled the Tri Borough Area Comprehensive Plan,
consisting of the text, tables, figures contained, and in the loosely bound document as prepared
by SSM Group Inc. and to further resolve that a certified copy of the adopted comprehensive plan
shall be delivered to the York County Planning Commission within thirty days. A motion to
resolved resolution 2012-04 by Councilman Noll. The motion was seconded by Councilman
Strausbaugh. All in favor. Councilman Snyder said so be it resolved.  A motion was made
by Councilman Myers to adopt the comprehensive plan as mention in the resolution. The motion
was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said motion
carried. It was brought to my attention when Dallastown provided us with a CD copy of the plan, that was the wrong plan. I sent some email to SSM Group, two discs were submitted to each
municipality. We received them about two weeks ago, they are on file here. The discs can be copied.
Councilman Snyder said he would make sure that the county has their copy of the plan.
Councilman Snyder said Windsor Township sent a letter, brought up at the YCMAA meeting and
the discussion was when borough’s have designated volunteer fire companies, asking if we
receive a list of their scheduled fund raisers for our approval. Since Windsor Township pays a
portion of the workers comp premium, we are asking whether or not the borough is supplied with
a list of fund raising events for approval. If such a list is submitted and approved please provide us
with a copy, if such a list is not submitted for approval we are suggesting that this occur yearly.
Thank you for your consideration. I can already answer that, we do not get a list for approval,
we have not approved anything in the past. So I’m bringing up under solicitor, because now
its up for discussion. Councilman Noll said the background came from what I believe was Lower
Windsor Township had an event that they took the fire truck out to. And on the way back,
the fire truck was wrecked. There was minor involved, one of their junior firemen had been drinking and
they are litigating that now. They had a meeting and got into a fist fight at a public meeting over
all of this. Its one heck of a mess. The reason workers comp came up, they wanted to first of all,
had the injuries suffered in the accident while they were drinking at the event while on the fire truck,
is workers comp. And then they wanted to put the injuries that people suffered from the punching at
the meeting, because they were there under official representation of the fire company put under
workers comp. Several municipalities started chiming on workers comp and how’s it shared and
that was a question. Steve Hovis was there, and said that is something that should be done. So that is the background. Councilman Snyder said my concern is, we never had it in the past, I can just see this
just getting all blown up. Its easy enough to ask for these lists, but then what happens when the list changes because they want to throw an extra one in. I can see a problem if we don’t like something.
Discussion continued.  A copy of the letter was given to Councilman Myers. Councilman Myers said
he can sit down and talk to the chief. Councilman Noll said our ordinance takes care of the approval.
And if we want to send a copy of our ordinance along we can do that. Discussion continued. The
secretary said we will wait until we hear back from Councilman Myers next month to send a letter.
Councilman Myers said wait until Monday night, I can drop it off then.
Solicitor’s Report(cont.)                                            Page 12
Councilman Noll asked does she need to be involved with ordinance changes if we decide to do that
in reference to the International Property Maintenance Code? Councilman Snyder said to bring
it up. Councilman Noll said you will see a bill in the bill list tonight for Code Administrators.
I had a meeting with Code Administrators. We have been talking about a lot of properties in town,
i. e. 230 S. Main Street, roof is missing and the porch is falling towards the street. I had a meeting
and we talked about the International Property Maintenance Code. If anyone needs a copy of it.
I have three more copies here. Councilman Noll said the International Property Maintenance Code is not part of the codified ordinances. We adopted the UCC. IPMC is a separate code so if we wish to adopt,
we already adopted the first three chapters. We would have to adopt the rest in a separate ordinance.
If we wish to adopt this to further enforce our property maintenance in the town, and go in front of a magistrate they are going to want to see this adopted. We need to adopt an enforcement officer for
the IPMC and a company by name in our ordinance. Code Administrators, Inc. would be our enforcement agency in Yoe Borough and Norm Strenger Jr. enforcement officer and Ms. Rodriquez
would be our deputy enforcement officer. We would appoint them by name and they would go out
and do these inspections for us. On the back of your page, Section 103, you will see some of the things
that they talk about there. The third thing we talked about, they will need full information on who
our solicitor is, contact info and the local magistrate. The fourth thing is when you go to do these
properties to be inspected with the IPMC, give them the full owner information and give them a
written request. Again this is, if things go wrong that they most often do, this is the best way to
go to the magistrate, you request that you go out and look at a certain property. The fifth part was
the full application of the IPMC was recommended, I am an advocate of. Right now we’ve only
adopted the first three sections, chapters in here to give ourselves the ability to really go after
everything. A lot of these have to do with the inside of the building, Chapter 4: lighting,
ventilation and occupancy limits, plumbing facilities and fixture repair requirements, mechanical and electrical requirements, fire safety. We have some of those things wrapped into when we do
our rental inspections but this, when we had problems, this gives Dana another tool to fall on when
we go into some of these buildings. Gets them on a path, to apply for permits. We have some
trouble getting some of these compliances. If they don’t do this in the allotted timeframe, we
can condemn the property. I would recommend that myself. Adopt the rest of the code. The finally
thing is we talked about graffiti and painting this time. We looked at this code and it doesn’t say anything. What I have been told and research I have done about that garage that has profanity
sprayed on the side. Councilwoman Coble Tyson said that’s been painted its only on the front.
Councilman Noll said we know its going to come up again. We have been recommended to do,
come up with an ordinance that has the property owner fix those types of things, specifically what is a vulgar image or profanity. I don’t know where we want to go with this thing. Having a meeting
with him has cost us $150.00. We can go after these property, that code, if you want to go after someone for the exterior, its devastating the things they can make you do if you want to use that pull. Please
understand its expensive, if you start and don’t push this thing, which may mean we have to pull
a building down, we aren’t going to have any credibility and not be able to enforce anything. I need to make sure A, you want to go down this road, how committed the council is because once we start
we ain’t stopping. Councilwoman Coble Tyson said I think its pushing it too far, I know we have
the authority to maybe to add, on and on and on, on some properties. At the same time. Councilman Noll said we need to find out if there is a person actually residing at the property, and go to court and have witnesses for example at 230 S. Main Street. Councilman Snyder said if he wants to live like that,
Solicitor’s Report(cont.)                                            Page 13
I don’t have a problem with that but I do want the outside to be safe, with the mailman going up
there and delivering mail, its not a harboring for vermin, for neighbors. It’s a quality of life issue.
So now we are talking the exterior so honestly I don’t think we need to the interior part.
Discussion continued. Councilman Allar asked so Code Administrators would take the place of
our current code enforcement officer? Councilman Noll said for the IPMC yes, but for our
codified ordinances Mrs. Myers would be the code enforcement officer for that? Councilman
Allar asked so for a property like the Smith property you would call in Code Administrators?
Councilman Noll said for a property like that I would call in Code Administrators just because
of the complexity of it. For walking around town for sidewalks things like that, that’s perfect that’s our codified ordinances. For this real heavy duty, you need someone who has licenses behind them and make them do. Councilman Allar commented other municipalities like Dallastown and Red Lion, they
don’t seem to need this type of muscle. Discussion continued. Councilman Allar said I’m not clear why
Patti can’t handle it, and if its something beyond her capabilities then we bring them in. Councilman Snyder said can’t we use her like…Patti sends the letter. Patti go up and say 230 you have a problem,
you are not maintaining your house on the chapters we already have, send them a notice. He decides
to fight it or not fix it, she calls these guys in to say this is why that under the IPMC, use them
as the experts. Can that be achieved or not, and if not why? Councilman Noll said you can try
anything but what results do you want. Discussion continued. Councilman Snyder said another question, 1. are we going to codes for heavy duty issues and 2. the entire book? Is Codes willing to do this,
if we stick with just three chapters? Councilman Noll said most definitely. What do you want to
see as council, how deep do you want go economically? Discussion continued. Councilman Allar
got the file on the Smith property and last year his case went to court and the borough won, he was fined. But nothing was followed up on it. Our ordinances worked, we won. Councilman Snyder asked
what can they do for an abandoned property, we’re still only talking about owner occupied where, if
we have these 17 properties that are abandoned, if we bring these things. Solicitor Ehrhart said sometimes its an issue sometimes its not an issue. Sometimes you see the property owner just jump ship and you can not find the property owner. And the D. J. can’t serve it. You have trouble finding
the bank. It’s a hard gauge to say. Councilman Allar said Charlie said he has a form letter that ,
you have a form letter and we can use. Some will work and some won’t. Solicitor Ehrhart said I will check on that. Discussion continued. Councilman Snyder asked for thoughts? Councilman Allar said I don’t think we can afford it, we need to utilize Patti to the max, we have a great code here. Councilwoman Coble Tyson said we may need to specify a little bit more to broaden our enforcement,
by all means, I have no opposition to doing that. I see big issues. Not only from a land owner, I see
the infringement issue, it’s the enforcement issue. Everybody has their stories, hard times.
Councilman Noll said one thing I need to find out, if the person that does this has to have a BCO
to enforce this thing. Solicitor Ehrhart said everyone I know that does ordinances has a BCO. I don’t know that answer. This incorporates this, the IPMC. Councilman Snyder said we adopted chapters 1, 2, and 3. Councilman Noll said Dan has that and nobody does. We have to be careful how we enforce this.
Discussion continued. Councilman Noll said the legal question is do we need a BCO to properly enforce the International Property Maintenance code, I think we should look into this over the next month.
Solicitor Ehrhart said I don’t know what your ordinance says, Chapter I says you appointed a code
official. You have adopted the section that says you have hereby adopted a code official. That’s in
Chapter 1. Councilman Snyder said Patti is designated our code enforcement official. Solicitor
Solicitor’s Report(cont.)                                Page 14
Ehrhart said to do Chapters 1, 2 and 3 of this code. Councilman Snyder said to do what is part of
Yoe Borough’s Code of Ordinances which includes chapters 1, 2. and 3. Councilman Noll said unfortunately its not that easy, we need to find out. Discussion continued. Councilman Snyder said
it states that we can use minimum standards, the question becomes can we just call them in as
expert witnesses if she needs to, if they decide to fight. Or, does an actual BCO be the one doing
the action. Councilman Noll said what point are permits required for some of these things and who
is the one that triggers that. Can someone who is not a BCO force you to get a permit? Discussion
continued. Mr. Shearer said its part of 104. 2, the duties and powers of the code official. The code
official shall make all the required inspections, the code official is authorized to engage in such in expert opinion, and deemed necessary to report upon usual technical issues that arise subject to the approval of the authority. Discussion continued. Councilman Allar said we are doing the same thing that we are
doing now. Councilman Snyder said except for the lawyer to find out if a code official enforces.
If our code official should be a BCO. Mr. Shearer said its going to take quite a few courses to get
to be a BCO. Discussion continued. Councilman Snyder asked Solicitor Ehrhart to research based on
our ordinance the way its set up, is Patti, our code official right now, able to enforce those sections.
Just by taking a consensus of council, there are at least three of us here, weren’t really warm and fuzzy about adopting the rest of the property maintenance code. So assume that doesn’t happen, all we have is what is adopted, can our code official the way its laid out now, enforce that from the beginning and
just bring in an expert as needed or does that person because we are bringing in the property maintenance code need to be a BCO from the get go, have those certifications to be able to say hey
you didn’t do this right, or this is unsafe. Councilman Noll said another part of that, is how the follow up is going to flow. Discussion to continue. Councilman Snyder said we need direction from the solicitor.
Councilman Allar said he talked to Dan Shaw, he said to take the pictures and he is willing to work with
Patti. Mr. Shearer said with 53 N. Church Street, she did one heck of a job. I agree with Tom, we need to hammer, there is going to be a lot of little expenses, give her time to work up to it. Councilman Allar said Seth, can you make a check list for most common things. Councilman Noll said there is a list I’d
like to work on but haven’t gotten to it yet. Mr. Shearer said I have a list I developed for the rentals.
Councilman Snyder said lets see what the solicitor gets back with in the meantime since we all
agree there is problem. On average she has been billing 6, 8, 9 hours the last couple months, I think
we authorized up to 20. Go after them, if she has the time to devote to it. The more she works with it.
Engineer’s Report
Mr. Malesker said Jake said he didn’t have much of an update for the wetland mitigation. Councilman
Allar said as far as DEP, good news and bad news. Good news the township got the extension request for the Growing Greener I grant, the funding is still in place. The bad news is there is still no news
on the permit. There is a smaller version of the H and H that DEP wants. Aquatic Resources has
all that information. So what I don’t know H and H is being worked on or submitted. The permit will
not be granted until they get that.
Mr. Malesker said onto MS 4 issues. I do have a copy of the MS 4 report for your records. Included is
a memo is included strengths and weaknesses. And also some target dates, we’ve got to keep
plugging along. One of the first dates is today, to review the notice of intent and this is your MS 4
Engineer’s Report(cont.)                                          Page 15
report for the next five years, this is due September 14th, there is a $500.00 application fee that
needs to be submitted with this. If its okay with you, we will just submit it. The check has to
be within seven days of submitting. A motion was made by Councilman Noll to sign the
notice of intent for the next MS 4 cycle. The motion was seconded by Councilman Allar.
All in favor. Councilman Snyder said motion carried. Mr. Malesker said there will need to
be by 2014, a Chesapeake Bay Pollutant reduction plan. During the next year, we will be
giving you some guidance. From what we understand, its going to be mostly a narrative.
The secretary will make copies of the cover letter for all. Councilman Noll asked that it
be left out on the council table this month for review.
Mr. Malesker said on the gabion project, the money has been deposited. We are good to
cut Shiloh lose on it. First thing to do, is to officially awarding the bid. Bids were opened
several months ago. Shiloh anticipates being in there towards the end of the month. A motion
was made by Councilman Noll to award to Shiloh Paving for the low bid of $24856.00, for
the project, it is within the amount budgeted by FEMA. The motion was seconded by
Councilman Allar. All in favor. Councilman Snyder said motion carried. Mr. Malesker
said since Shiloh Paving would like to get started before the next meeting to authorize
either Sam or Seth to sign the contracts and notice to proceed. A motion was made by
Councilwoman Coble Tyson to have the President or Vice President to sign the necessary contracts in order to proceed. The motion was seconded by Councilman Strausbaugh. All in favor.
Councilman Snyder said motion carried. Councilman Noll asked for a pre job meeting. Mr. Malesker said we will have that meeting. Mr. Malesker said the next thing is, FEMA included in the budget,
H and H was low quote to fix the undermining of the concrete scour protection. We got three quotes.
A motion was made by Councilwoman Coble Tyson to accept H and H’s quote of $9,000.00 to
fix the scour protection, this was included in the FEMA monies. This was just a quote. This is
upstream of the gabions we are repairing, there is concrete at the base of the gabions. The motion
was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.
Mr. Malesker said Keystruct and Yoe Concrete were the other bidders. Councilman Snyder said
this was all the work for FEMA issues? Mr. Malesker said yes. They approved the engineering.
Mr. Shearer said and the one dredging from last fall. The secretary said we never got the letter that
was to say that we were getting the money. Mr. Malesker said it may have gone directly to Mayor
Sanford. The secretary noted that the FEMA paperwork is currently with Mayor Sanford.
The secretary asked if there is audit criteria in the FEMA paperwork file. Councilman Myers said
you just need to keep copies of your checks that you mail out and all the invoices and to follow
the rules. Have a copy of our rules with the packet. You need to get everything from John. I never
had to have both sides of copies of the chccks. Mr. Shearer said we didn’t bill other municipalities
for the one we did in late September/October timeframe. Mr. Malesker said you should have a copy
of H and H bid. All three were in that packet. You only need the one since its less than $10,000.00
Its project number 34. Councilman Myers said once you get the paperwork, I can go over it with
you. I passed my audit last time. Discussion continued. Councilman Snyder said there isn’t
a requirement that the money be kept separate. Councilman Myers said I don’t think you will have
to keep it separate since its under $63,000.00.
Engineer’s Report                                                     Page 16
Mr. Malesker said I spoke withTim, Fitz and Smith today regarding the Mason Avenue bridge. And they said they can get that on their schedule, it would be mid August. He thought that was still realistic but he was going to check with Mike and call me back. He didn’t call me back
Mr. Malesker said last month I mentioned the infrastructure improvements regulatory compliance and watershed meeting that is in September. You did get MS 4 education credits. The borough would get
credit for that. September 21st, breakfast and lunch is included. Make sure you sign up.
Mr. Malesker said general invitation for the skybox. Send it to you. The secretary put it into the circulate file. Mr. Malesker said its for August 22nd, in the skybox, York Revolution game. Dallastown Borough
and Dallastown Yoe Water Authority will be there also. There is a buffet before the game.
Email Robin or email me if you want to go.
Councilman Allar said at your seat you should have a copy of the Mill Creek Implementation Strategy.
It talks about the objectives. Just to make note, Mill Creek is a little different because there is
no watershed group to account for. So what we are creating here, this partnership is in fact going
to be that watershed group. Its been estimated that the Mill Creek Watershed contributes almost
¼ of the overall sediment load for York County. A detailed BMP( Best Management Practices)
implementation strategy for the watershed imperative as part of the project. Also provide a blueprint
of future planning action. That is where I visualize our basins fitting in, as part of the recommendations.
On the next page is the timeframe. Year one to year two, it says 20 small to medium BMP’s installed
in the Dallastown, Red Lion and Yoe area. It shows all the partners, we had one meeting. Municipalities were there but also watershed associations. Both government and private sectors. Many meetings over
the next couple of years. We will be looking for money and grants. The secretary will forward the email
to Mr. Malesker.
Councilman Snyder said we received an email from WAY. There are announcing the watershed
weekend on September 29th and 30th. They are asking for venue sponsors for planning and following through an activity.
Councilman Snyder said we received from York County Planning the findings from Donald Bupp,
the traffic engineer on the request that Yoe Borough did on behalf of the fire department. Copies
were forward to Barry and the fire company. At this point its just FYI on our end.
Maintenance Report
Mr. Shearer reported we received a quote from Milt’s Repair Service for a controller replace
the traffic control box at the signal light. We had problems with the thing resetting. Milt
has a temporary box in there, the intermitter system is not working right now. A motion
was made by  Councilman Myers to accept the bid of $3921.55 and expend the funds out
of liquid fuels. The motion was seconded by Councilman Allar. All in favor. Councilman
Snyder said motion carried.
Maintenance Report(cont.)                                      Page 17
Mr. Shearer reported Jake will be in next week to dredge. Mr. Shearer asked Councilman Snyder to contact Mr. Reidel make sure we are okay coming across his property. I am renting a pump.
I did talk to Scott Depoe at York Township and Scott spoke to Bob Miller and they were in agreement
that since they have a lot of sewer pump stations, on stand by for emergencies, they felt they
didn’t want to commit that. After reviewing the cost from last year, they felt it really wasn’t that bad of an expense. Councilman Noll said Red Lion volunteered their pumps. They have some bigger pumps.
From the authority. Contact the manager, Dianne Price.
Mr. Shearer said the road salt contract was released, 8/1/12 to 7/31/13. Right now its running
$63.60 a ton. I may order one truck load. We are between 60 to 140 tons.
Councilman Snyder said last week before the storm, you were out the other day cleaning
out storm drains. That is something, if that would be notated on the maintenance report. We need a record of it.
Councilman Snyder said there was an incident on July 24th, with a bunny bus and a stop sign.
They agreed to reimburse us, a bill was submitted to them. I just emailed it to them. We will be
following up on that. Dana was good at responding to that.
Councilman Snyder said FYI, while we are cleaning up on the property maintenance licenses, I asked Sandy to get a listing together to give to Dana to make it more concise. A checklist of what he is working. She took notice if the coordination between what Connie is, with a new owner versus
someone living, if there is a property owner’s address outside the borough, Dana can follow up.
Councilman Noll said I’m checking on the software called Firehouse, it may be applicable.
Councilman Snyder said it may require us to get a lap top/notebook for Dana. Councilman Snyder
asked how are we on the inspections? Mr. Shearer said we are at the same point we always are
at this time, we’re trying to work through them. Councilman Snyder said are you on schedule
at this time for what you wanted to do this year? Mr. Shearer said not at the moment, no. A lot
of that has to do with, grass and other things. There are a lot of things maintenance wise that
I would like to have done this year. By now. The last couple months of mowing grass. Councilman
Allar said a lot of places for grass cutting purposes they have some on call. We have to look at
if Dana’s time is better for inspections or to collect fees or whatever. If he is getting ARD help that is one thing. Councilman Myers said one of the part timers can come in to help. Councilman Snyder said
how do you see, can you catch up from where you are at now? I don’t know if you have done one or
have done a hundred. Only you know if you have to do 25 a month or so, I can catch up. Is that something we need to look at? Mr. Shearer said there is always something to be done, general maintenance. If you want more things done, get me more help. Councilman Myers asked are
there things that need to be done? Mr. Shearer said crack sealing, pot hole patching. Councilman Snyder said if you need help, I don’t want you falling behind. If this is the time, we need to get some help in, work it out with Barry. Councilman Myers said you don’t want to be behind on the property maintenance aspect because if we aren’t doing it, those people are going to come back on us. I don’t want to see you behind on your maintenance. We could use seasonal first before we go to a contract guy.
Councilman Noll said Red Lion said they might be able to use their seasonal persons to help
Maintenance Report(cont.)                                      Page 18
with mowing at the pond. Mr. Shearer said that would be wonderful. Councilman Noll said she
was having trouble giving us money towards the basin but help or pumps might work.
Councilman Snyder asked if there is a consensus with council to have Barry get with Dana and whatever he needs at this point so he doesn’t get too far behind. If you need to authorize seasonal help. Councilman Myers said I can help some too. I just don’t want to see him up there with sump pumps, he
was up there by himself. Councilman Snyder said sit down and get information and figure out how
to proceed. Councilman Allar said we don’t want the landlords saying we paid the $100.00, what
happened to the inspections.
Zoning Officer/Code Enforcement Report
Councilman Noll said I will pass the around. There were a ton of things done, contact people on
these properties, message. A lot to do with the outside. We talked about the two court cases.
Dan has issued some permits. June and July report: 8 miles, 1 ½ hours for July and 2 hours for June.
Checking on some certificate of occupancy issues. One was a pool. Its all here.
Councilman Noll said Dana mention a course he took for property maintenance. He thinks
that would be good for Patti. I bring it up now, I assume there are costs involved. Councilman
Snyder said do we want to wait to see what Nicole bring back. Councilman Noll said let
Nicole do her diligence. If we go for a BCO we will have to do some soul searching, it’s a 40 hour course. Its not easy. Councilman Snyder said there was a consensus, to wait until Nicole gets back to us.
Noticing she is putting in 6 to 8 hours. Remind her if she needs the extra time to put in.
Emergency Management Report
There was no report.
Mayor and Police Report
Councilman Snyder said he was planning on being here tonight after Night Out, he got a call last this
afternoon he had to go to a meeting. So he’s drop off his reports. Make them a matter of record.
Any questions contact him.
Councilman Snyder said we need to see if we’re interested in having York Regional have JROTC
students available as part of the Witch Watch program during trick or treat night in the borough.
If we go with the date provided. We need to make it official. They are looking at October 31, 2012
from 6 to 8PM. A motion was made by Councilman Noll said do our trick or treat night on October 31, 2012 and take advantage of the Witch Watch program. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried. The secretary will return the notification email that council has agreed to the Witch Watch and the date.
Councilman Myers said did he give you an update of the Broad Street concern, up at Broad Street,
we asked for walking patrol. Councilman Allar said the police came by, but the problem was
Mayor and Police Report(cont.)                                          Page 19
the individual and kids, I guess they may have been there. The windows were tinted a little bit.
They just missed them. I meant to call John. Councilman Myers said my garage and truck has
been broken into.
Secretary’s Report
The secretary asked that we establish Free Yard sale dates. August 31st is Friday and September 1st is
the Saturday. Councilman Noll said Friday and Saturday. The secretary said it will be August 31st and September 1st, yard sale dates without a permit. It will be posted on the website and on the message
at the borough office phone.
Councilman Snyder said we are still have the issue with Benchmark. Councilman Noll asked the fees
still haven’t been paid? The secretary said no, I keep faxing them the bill. I haven’t gotten any
response. I am holding the check. We have more that the amount of check outstanding. I keep contacting him. Councilman Noll said if its not satisfied by August 31st, we are not sending him the monies
for the end of the contract. The other municipalities are not happy, they are having problems. Meetings
have been cancelled.
Councilman Snyder said a letter was sent out to Mrs. Robinson about the $22.00 for the return of the dog. The secretary said no response.
Councilman Snyder said the treasurer provided the council with the second quarter balance sheet for the borough as well as all the statements for all accounts based on recommendations of the auditors. I will duly note, its borough council responsibility from time to time to take the fiscal responsibility and look
the finances of the borough. We are ultimately responsible. Councilman Allar asked what about doing
the audit of the tax collector? Its been a long time. The secretary said we talked about it at budget,
to see if we can afford it.
Councilman Snyder reported we received notice from Yorkana Borough that they are celebrating
their 100th years and they are inviting everyone to their celebration on September 8th, raindate
of September 15th.
Councilman Snyder reported we received notice from Hemler Animal Control, that they
are not going to have an increase, and will be sending a contract for 2013.
Councilman Snyder said we received the quarterly report from the Yoe Borough Sewer Authority
as far as shut offs and notices.
Councilman Noll said to remind August 23rd is the municipal managers meeting at Yoe Park.
The secretary said you will then forward the receipts.
Unfinished Business                                                 Page 20
There was no unfinished business.
New Business
There was no new business.
Payment of Bills
Councilman Snyder asked if everyone had an opportunity to look over the bill list. There is an additional
bill from Red Lion Borough of $60.65. A motion to pay the bills as listed along with the additional bill
by Councilman Noll. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder
said bills are paid.
A motion was made by Councilman Strausbaugh to adjourn the meeting at 10:35PM. The motion was seconded by Councilman Snyder. All in favor.