Friday, October 5, 2012

Yoe Borough Council Meeting Minutes - September 12, 2012

                           YOE BOROUGH           PG.1

                     150 NORTH MAPLE STREET

                           YOE, PA 17313

          The regular monthly meeting of Yoe Borough Council was held on September

4, 2012 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA.

The meeting was called to order at 7:02 PM by President of Council Sam Snyder,

followed by the Pledge of Allegiance.

Council members in attendance:

Sam Snyder

Seth Noll

George Howett

Tom Allar

Regan Strausbaugh

Wendy Coble Tyson(arriving at 7:46PM)

Others in attendance:

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance

Steve Malesker, Engineer

Nicole Ehrhart, Solicitor(arriving at 7:50PM)


A motion was made by Councilman Allar to accept the meeting minutes of August 7, 2012

as presented. The motion was seconded by Councilman Howett. All in favor.

Councilman Snyder said minutes accepted.

Councilman Snyder said to let the record reflect there are no visitors present.The solicitor

has a prior engagement and will be running late.

Solicitor’s Report                                                                                       Pg. 2

Mr. Malesker asked if anyone was at York Township’s meeting last month, I’m

just curious of what happened? Councilman Noll said they passed it but apparently

their solicitor did two wrong things. One was advertising improperly and the other

only a summary was sent to the law office. They have to vote on it again at the September

13th meeting. One of their board members challenged them on it but procedurally they

did nothing wrong.

Mr. Malesker asked about the wetland mitigation project, I haven’t talk to Jake.

I know that the H and H report will be going in next week. Councilman Allar said

the DEP permit won’t be approved until the H and H gets up there. So that will

take another month or so. Aquatic Resources took a while to do that. Aquatic did

have an engineer but they lost him. The one good thing, Mike Danko is not going

to require a third party. The conservation easement allows us to get on the

property. Yoe Borough is the holder. There are some formatting changes,  you’ll

be getting a copy, so will Jake and Nicole. Its just for review, checking off the box.

If you see something fine, but I don’t expect there will be any findings. Hopefully

then it is a done deal. That is the main thing to do, then we are waiting for the DEP


Mr. Malesker said you signed the MS 4 permit, that is going to be submitted this week.

$500.00 will go along with the permit application.

Mr. Malesker said we did have a pre construction meeting with Shiloh Paving. They

are going to start on September 10, 2012. I do have the notice to proceed. Its

a thirty day contract. They will have until October 10th. A motion was made

by Councilman Noll to sign the notice to proceed for Shiloh Paving to begin

work on September 10, 2012. The motion was seconded by Councilman

Strausbaugh. All in favor. Councilman Snyder said motion carried. Mr. Malesker

said at the pre con meeting which included the mayor, Dana, Ted from the Ambulance

Club, we’re still waiting on some information, the mayor and Ted were working

on that. Its pretty well coordinated. Dana is going to distribute letters to residents in

the vicinity of Clark Alley to make them aware of the work at the creek. Mr. Shearer

said everyone between Boundary and Church will be notified. I did call about the

dumpster at the fire company, waiting to hear back from the lady in charge on the

dumpsters. Mr. Malesker said H and H was authorized to do the scour protection

repair, they are going to start anytime soon. Probably next week. They should only

be in there a couple of days. Councilman Noll asked that notification will be made

Engineer’s Report(cont.)                                     Page 3

as to when they start. Mr. Malesker said I will check with Shiloh Paving. Councilman

Noll said I don’t mind meeting them at around 6:30AM.

Mr. Malesker said I have contacted Fitz and Smith and they haven’t returned my calls.

The work was initially to begin in mid August. Councilman Snyder asked is there

a volunteer from the borough who will contact Fitz and Smith. Let the record reflect

that Councilman Allar has agreed to contact Fitz and Smith.

Mr. Malesker said just a reminded that we have a seminar on September 21st at the

John Wright Restaurant. Councilman Noll has registered. Councilman Strausbaugh

said he registered also. Mr. Malesker said you can get MS 4 credits for attendance.

Mr. Malesker reviewed what the seminar entails.

Councilman Snyder said we have two follow ups. We did receive a follow up

letter from C. S. Davidson discussing the MS 4, given to borough, showing strengths and weaknesses and recommendations and a proposed schedule to keep the borough

in a positive direction. One thing I will point out under weaknesses, it recommended

only three items. That the borough continue to get public participation opportunities,

which we have started. The second one, the borough must start a system to log maintenance by

road crew for MS 4 and a tracking system. I want to point out on this maintenance report,

Dana has started with a MS compliant section listing on his maintenance. The system

for categorizing all resident complaints, we actually instituted that last year with forms

that were provided by C. S. Davidson. We are on top of those. Councilman Snyder said

the other follow up, we already mentioned York Township’s as far as what happened

with the commissioners meeting. Based on the residents who came to the council meeting

last month, that letter did go out on August 8th. Seth you had mentioned what the commissioners 

had discussed, you mentioned that earlier. We want to get Steve’s recommendations as

to how we should proceed. Councilman Noll said the commissioners did receive our letter,

they had the meeting, it was passed. It wasn’t advertised properly with a time issue, the

second one was that the law library did not receive a full copy only a summary. Both of

those things have put the passage on hold. On September 13th it will be passed and at

this point we can’t do anything. We can ask council if they want to wait until next month.

A motion was made by Councilman Noll to have C. S. Davidson start the new process

under the new ordinance once we here the new zoning ordinance is passed on September

13, 2012. The motion was seconded by Councilman Allar. All in favor. Councilman

Snyder said motion carried. Discussion continued.

Engineer’s Report(cont.)                                     Page 4

Councilman Snyder said we forgot to do this last month. Under our CDBG grant

for the zoning ordinance, the  committee did meet and gone over the RFQ’s that

were submitted to the borough and came up with a recommendation. Out of the

eight that were proposed to the borough for this project, the committee narrowed

it down into three distinct categories. Two firms were found to be extremely

qualified.  In checking with YCPC, we were told as long as we make note of it,

we can only choose two firms. Then proceed to the step three to get a detailed proposal.

The committee is making recommending to council in order to go unto step 3,

Urban Research and Development and the Roth Plan. Discussion continued. Councilman Snyder said Joiann Galiano from YCPC said if we don’t get the right proposal that we want,

after interviewing them, we have to reject those bids and go back to the ones we had

and open them back up. A motion was made by Councilman Strausbaugh to accept

the committee’s recommendation to go to step 3. The motion was seconded by

Councilman Howett. All in favor. Councilman Snyder said motion carried. I already put

a note in the file with the recommendation on why we only chose two.

Councilman Noll asked Dana if we need to look at if you need any help on roadwork,

like Broad Street which needs topped out. Mr. Shearer said the binding course is holding

up so far. Let’s get the bridge fixed. I don’t know if we want to get a crew in there.
We will wait until spring. Councilman Noll said I just wanted to make sure that we

don’t run out of time.

Maintenance Report

Mr. Shearer reported that Fishel’s Appliance will repair one stove at the park.

Mr. Shearer said as far as the MS-4, I want to add storm drain tops to the report

to make it more clearer.

Mr. Shearer said I had gotten an estimated back in the summer for mulch for the

playground equipment. Estimate was 140 cubic yards which worked out to

$3057.10. I know we don’t have that budgeted, in talking with Sandy, it

was decided to go around $1000.00 which is 104 cubic yards. To bring everything

back up to where it should be, fill in spots. Zeager Bros. are the manufacturers of

the complaint playground mulch. A motion was made by Councilman Noll to buy

certified mulch, 45 cubic yard truck delivery of $175.00, for a total cost of $1075.50

by Zeager Bros. for the playground equipment area. The motion was seconded by

Councilman Allar. All in favor. Councilman Snyder said motion carried.

Maintenance Report(cont.)                       Page 5

Mr. Shearer said while talking to Barry about revisions to the part time help. I’d

like to add a gentleman named Tim Stem. He is resident of Windsor Township, he

works for York Township previously had worked for the state. He has lot of

experience. Not looking at using him for winter help. Last month we talked about

part time help for the summer time. He would be available after 3:30PM. I will

modify my schedule some, to get things caught up. The secretary said the current

rate is $13.00, he would be an employee. A motion was made by Councilman Allar

to put Mr. Stem into the part time/seasonal employee list at a rate of $13.00 for

approximately 60 hours at this time to help Mr. Shearer get caught up. The motion

was seconded by Councilman Howett. All in favor. The secretary said he needs

to fill out his application and have a valid drivers license.

Mr. Shearer said changes will be needed on the snow removal list. When we

do the joint equipment bid next year, we should have Bob Strobeck listed for

snow removal back up.

Discussion by council and Mr. Shearer on the dredging. Councilman Allar

asked how many truck loads were removed? Mr. Shearer said I don’t recall.

We only did the first three veins. Even with all the rain we have been having.

We moved it with three pumps from the fire company. I did check with Dianne

Price from Red Lion and she contacted the Red Lion Water Authority and they

rent pumps from Cleveland Brothers. We may be able to use a smaller pump.

Solicitor’s Report

Solicitor Ehrhart reported that the garbage contract bid was advertised. We

had on inquiry which I forwarded to the secretary via email. The solicitor

will be coming to the borough on October 2, 2012, to get the bids to open

by 10AM, since the borough office is not opened on Tuesdays. Mr. Shearer

will be asked to open the door for Solicitor Ehrhart.

Solicitor Ehrhart reported that the quiet title action is finalized, I’ve recorded

the land use agreement. I talked to the recorder of deeds office and you won’t get

a deed, all they want is to record the final judgment. There will be cost, for the

certified copy and additional costs for each parcel I. D.. Somewhere the cost

will be between a minimum of $180.00, or up to $300.00 at the recorder of deeds.

Solicitor’s Report(cont.)                                      Page 6

Discussion continued on why there won’t be a deed. Solicitor Ehrhart said

the final judgment will be the legal document you will use if you someday

transfer the land. Councilman Snyder said the only thing I can think of, is

if we run into some kind of problem with the rail/trail, to try to get grant

money. Solicitor Ehrhart said if they search a PIN for that particular piece,

they will see who owns it.

Solicitor Ehrhart reported that last month you asked that I check if your

building code official needs to be a BCO.  They do not have to be a BCO.

Discussion continued on adoption of the whole ICC code. Councilman

Snyder said we need to clarify the ordinance to make sure. Councilman

Noll said under zoning we may have to adjoin her to this code. This

ICC code is a separate instrument. If we don’t do it properly we may

have a reason for dismissal.  We have to check too, to see how Dana is

under this code. Discussion continued on this matter by reviewing the

ordinances. Solicitor Ehrhart said you do need Chapter 1, it gives

you the form that need to be done for when a notice of violation, a method

of service, also tells you how appeals are done if you choose to appeal.

It also tells you, the penalty is criminal. What we need to do is amend your ordinance.

When you adopt this in its entirety, you need a model ordinance to insert the

standards. I would modify it, to put in where you have it, adopting Chapter 1,

identifying the BCO. You are going to identify a building code official and appoint

them by resolution. Councilman Snyder said we need to have an ordinance and sync it up with the ICC code. Solicitor Ehrhart said it can all be done at one time. Councilman Noll said

while we are doing that we should have distinctions between rentals and fully owned

residentially owned properties. Discussion continued. Solicitor Ehrhart said she

would like to time to look at the language. Councilman Allar asked to think about

Chapter 8 and reference to many items, including boarding up houses, paint, framing

matter, blocking. Councilman Noll said there are items to be used in an emergency,

for boarding up a vacant house, etc. Councilman Allar said it will have to be clearly

spelled out, a lot of this is not suitable. Councilman Noll said this becomes standard

in reference if we have to condemn a house. Councilman Allar said you are saying the

homeowner does not have to follow this part? Councilman Noll said no, it is for us

to enable us to board a house that is condemned. Gives us the standard. Councilman

Allar said what I am saying everything else goes to the responsibility of the property

owner, the assumption would be it would be for the property owner. Solicitor Ehrhart

said how you adjust that, this is  complaint driven property maintenance, if you

Solicitor’s Report(cont.)                            Page 7

have a hurricane come through, people are boarding up their houses, the code official

isn’t going out and citing the property owner because they haven’t properly

boarded up their house before they left. This is for the property owner that left

the house vacant. You are enforcing it, send the code official out, its your ordinance

to enforce. Councilman Snyder said if we can’t get people to mow their house who

is vacating their house, clearly I don’t think you are going to be going after somebody

because they put up a board. Councilman Noll said if we ever have to do this,

we would want the standard, because you have a house that is a potential hazard for

the fire department or anybody, that is when its enforceable. Whoever owns

that condemned property, we will do what we have to do. Discussion continued.

Solicitor Ehrhart said I will do a revision of the ordinance adopting Chapter 1 and

Chapter 8 and Appendix A. I understand that part 2 is adopted for the entire

property maintenance code, part 3 is only adopted chapters 2 and 3. Figure out

we are going to define our code official, rental, as well as residential. Work out

a logical format. Councilman Noll made a motion that we do what was previously

outlined. The motion was seconded by Councilman Strausbaugh. All in favor.

Councilman Snyder said motion carried.

The secretary asked that the solicitor check that our contract with Milt’s Repair

Service for the traffic signal is what is needed per state liquid fuels guidelines because

of the auditor general office’s audit. Solicitor Ehrhart said I will check on that.

Councilman Noll reported that there was another hearing today, Code Enforcement Office Aptty Myers was able to win. We had some difficulties, with the property at 196 S. Main Street.

The insides of the home were ripped out, we’ve been trying for 2 to 3 weeks to get

a citation to them. The district justice doesn’t want to cite a LLC. Apparently she was

able to find a name. What is the best thing for her to do, for grass, trash, and tree limbs

hanging over the sidewalk? What is the best way to cite? Solicitor Ehrhart said

we did all that we can possibly do. I ordered the file, we did everything we could do

to trace the address. Normally the LLC is incorporated. We should be able to look it

up. This is not the normal. I never have had to go to the next step pay the $3.00

to order the documents. The paperwork was recorded. Patti had found a name

and address of 43 Woodside Drive. Solicitor Ehrhart said the document was with

Legal Zoom out of California. The owner of 43 Woodside Drive is not the one

that owns this property. The owner is HNIC LLC. It was Pinnacle Properties, it

was transferred July 31st. A rare exception. The Department of State anyone

can go on there. It was listed on Legal Zoom. The reason they want a name is

Solicitor’s Report(cont.)                            Page 8

because its criminal, so if they show they need someone to serve the warrant on.

If its civil it doesn’t matter, just the address. Discussion continued on the 196 S.

Main Street address. Councilman Snyder said she was not citing, she mentioned

the 230 S. Main Street and the Boltz property, were going up for sheriff’s sale

on August 13th. Councilman Noll said I don’t know if they were pulled from

the sheriff’s sale. Councilman Snyder said I didn’t know if she was following

up on that. Councilman Noll said she was trying to cite again, not sure who owns

the Boltz house. Councilman Snyder said depends if it was sold at sheriff’s sale.

Councilman Noll said it takes hours to identify who owns the property. Discussion

continued. Councilman Snyder said there is a property on Elm Street now that

looks bad. Councilman Noll said I know she is working on that one too. She

has seven or eight that are difficult to find out who owns them.

Councilman Allar said remember the conservation easement. There are format

changes and you are going to get it again. It’s a procedural thing, you need to

look at it. If you don’t get it by the end of the week, give me a call. If you

do see something that needs changed, let us know.

Zoning and Code Enforcement Officer’s Report

Councilman Noll said nothing from the zoning officer. Several letters have gone

out. 7 ¾ hours for August for the code enforcement officer. Councilman Allar asked

if there was any follow up on Dan’s action for the Smith property. Councilman Noll

said after going around town, there are over 100 properties that have the same

issues as the Smith’s property. Councilman Allar said Dan has already started.

Councilman Noll said I do not think it’s the right thing to do. Councilman Allar

said there was a ruling last August, all that would have to be done is to follow up.

Discussion continued on property maintenance. Councilman Snyder said we just

directed our solicitor to re do our ordinance to get this property maintenance code

right. So its clear cut whose responsibility is who. I think we are agreement none

of us like the way the town looks, we need to address what the issues are in house,

work on them, before we send the code official out. There is only 7 ½ hours this month,

she is trying to get into the swing of things. She didn’t cite because some properties

were supposedly going up for sheriff’s sale. What’s the follow up?  We need to

get her into a routine of follow up and have her get the resources to find out who

owns the properties. We have a problem, we need to work in house. Our ordinance

is not right to cite under the property maintenance code, the solicitor says we need

Zoning and Code Enforcement Officer’s Report(cont.)                          Page 9

to get this right and get it straight and then we work. Its going to cost us money.

I’m as frustrated as anybody. Everyone sees it coming through town. Discussion

continued. Councilman Allar said we already started something on the Smith property,

I think we should continue, that’s all I’m saying. Its different than starting a brand

new action on another property. I think we’d be in a better legal position if we

continue it now. She doesn’t have to do anything, Dan has volunteered. Take pictures,

Dan will go into court and tell the new judge what the old judge did. You can’t make

it simpler than that. Discussion continued. Councilman Allar suggested we invite

her to a meeting, ask some questions. Can you put in fifteen to twenty hours, do

you have a problem with the code? Councilman Snyder said we can do that. Councilman

Allar said I think we need to, we have raised questions that we don’t have an answer

to. Councilman Snyder said we have a problem in house. It was a concern that the

code enforcement officer when coming to the meeting, would have to wait to their

turn, and it could be 9PM until we got to that point, and we’d have to pay for the time

at the meeting. It was concern that the mayor had. We said to Seth, you are the liaison,

take the information back and relay it to her. Councilman Allar said I think we could

do this in twenty minutes. Councilman Snyder said with the changes in the ordinance,

I think it would be good to have her come to the next meeting. Councilman Noll

said I won’t send someone out to do something, that our ordinances are not correct until

we get this thing taken care, I’m not an advocate of sending someone out who is

not experienced to do something we do not know how to do. Discussion continued.

Councilman Snyder said have her come to the next meeting, have it as public record.

What a constitutes flaking paint? We know what Smith’s property problem is,

but we have to look at everyone else’s property also. We need to talk to her.

Councilman Noll said if anyone else would like to take this over, it takes time.

Discussion continued.

Emergency Management Report

There was no report.

Mayor’s Report

Councilman Snyder said he did leave one here for the month of August. It will be

amended to the minutes for next month. Updates: forwarded to me the WGAL

letter for the snow emergency procedure, that was taken care of, York Area

Mayor’s Report(cont.)                               Page 10

Regional continues to investigate residents concerns in the areas of Water and Broad,

speed enforcement continues within the borough, limited in some areas due to

limited visibility. I have advised a few residents to contact the code enforcement officer

on property appearance.

Councilman Snyder said the mayor will not be back into town until September 18th.

Secretary’s Report

The secretary reported that the Pennsylvania Municipal Retirement System wants

me to notify the governing board, due to Act 205 of 1984 I need to give the minimum

municipal obligation for 2013 and that will be $740.00. I am making you aware of

that so its part of the minutes.

Councilman Noll said there are still small late fees on three of the borough’s electric

accounts. The other municipalities are also having problem with Benchmark. If

the fees continue, it may be an idea to deduct those fees from what is owed to


Unfinished Business

Councilman Allar asked if we heard back from the Boy Scouts? Councilman Noll said

I gave them all my contact information. Councilman Allar said Dana needs help, I thought

they were serious.

Councilman Snyder asking are we waiting to hear back from Nicole on that emitter?

Dana mentioned the new law is in effect, we don’t need to get phone bids. Before

we were under the old law. A motion was made by Councilman Allar to direct Dana

and go ahead and get this emitter in as soon as possible based on bid. No payment

will be made until we get an answer from Solicitor Ehrhart. The motion was

seconded by Councilman Howett. All in favor. Councilman Snyder said motion


New Business

There was no new business.

Payment of the Bills                                  Page 11

Councilman Snyder asked if everyone had an opportunity to look over the bill list. In

addition we have: Dallastown Yoe Water:$29.53, Dallastown Yoe Water: $1459.29,

Dallastown Yoe Water: $69.49, Dallastown Yoe Water:$29.53, Columbia Gas:$23.86,

Columbia Gas:$33.70, Verizon Wireless:$56.29, Jerry Pickel$90.00, Met Ed:$85.19,

Met Ed $142.11, Met Ed:$27.04. A motion was made by Councilman Noll to pay the

bills along with the additions. The motion was seconded by Councilman Howett.

All in favor. Councilman Snyder said bills with the additional bills paid.


A motion was made by Councilman Strausbaugh to adjourn the meeting at 9:27PM.

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