Sunday, January 20, 2013

Yoe Borough Council Meeting Minutes - December 4, 2012



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on December 4,2012

at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA beginning at 7:02PM. The meeting

was called to order by Council President Sam Snyder followed by the Pledge of Allegiance.

Council Members in attendance:

Sam Snyder

Seth Noll

Tom Allar

Barry Myers

George Howett

Regan Strausbaugh

Wendy Coble Tyson

Others in attendance

Dana Shearer, Maintenance Supervisor

Sandy Sterner, Secretary-Treasurer

Steve Malesker, Engineer

Charles Rausch and Seth Springer, Solicitor and new associate

John Sanford, Mayor(arriving at 8:11PM)

Councilman Snyder said as you are aware we appointed a new solicitor at last month’s meeting, Mr. Charles

Rausch from Blakey and Yost. He is here tonight. Councilman Snyder introduced council and staff. Solictior

Rausch said he has brought a new associate, Seth Springer.


A motion to accept the meeting minutes as presented of the November 13, 2012 council meeting was made

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

said minutes accepted.


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

Solicitor’s Report Page 2

Solicitor Rausch said we have two ordinances that have been advertised and ready for adoption. The first one is the property maintenance code, which is basically adopting the 2009 International Property Maintenance Code, with

certain standard changes. When you adopt a code like this, it’s a standard form and there are certain blanks

that need to be filled in. Enforcement will be by summary offense, a criminal violation, goes before the

district justice, and you will be fined not less than $100.00 or no more $1,000.00 depending on the nature of

the violation. You indicated that grass can’t be higher than 8 inches, if it is that is a violation,from April

to October. Discussion continued. A motion to ordain Ordinance 2012—5 was made by Councilman Noll.

The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said so be it


Solictor Rausch said Yoe Borough’s 2013 Budget is ready to be adopted. A motion to adopt the

2013 Yoe Borough Budget was made by Councilman Allar. The motion was seconded by

Councilwoman Coble Tyson. All in favor.

Solicitor Rausch said Ordinance 2012-06, is the ordinance fixing the millage rate for 2013 for general

revenue purposes. The millage rate will be fixed at 3.455 mills and the fix tax will be .452 mills.

A motion to ordain Ordinance 2012-06 was made by Councilman Noll. The motion was seconded

by Councilman Strausbaugh. All in favor. Councilman Snyder said so be it ordained.

Solicitor Rausch said the York Area Regional Police Agreement, for service for 2 PPU’S. It’s a five year

contract, with a one year termination period that you can exercise. You can give notice of termination within

one year. Councilman Snyder said there was discussion with Red Lion reducing their PPU’S and the cost being

born by the rest of members. Attorney Rausch pointed out that there is a clause in there, you are buying two

PPU’S, one PPU is equivalent to ten hours of police service, you are buying 20 hours of police service. There

is a provision in the agreement that York Area Regional will bill the borough accordingly in advance of the

contract PPU’S and in service supplied in excess of the contracted PPU. York Area can charge you for more

if police services demand that. That is what is happening to Red Lion for anything over. Councilman Snyder

said so they are getting charged. Councilman Strausbaugh asked is there any control on how much the

contract costs go up? Councilman Snyder said involvement through the commission, the more the commission

puts pressure on the chief to try to regulate those costs. Councilman Allar said we don’t actually have a seat.

Councilman Snyder said there is one seat on the commission and a member at large seat. Solicitor Rausch

said how the commission works, Windsor and York Townships each have a seat, and they alternate at

the member at large. Next year it will be Windsor Township. Some of this switches, you might see with

the Windsor Township selection, you might see more of an effort to reign in the budget. A motion to execute

the agreement by Councilman Allar. The motion was seconded by Councilwoman Coble Tyson. All

in favor. Councilman Snyder said motion passed.

Solicitor Rausch is the agreement with Code Administrators, they provide the inspection services of

the inspection code, they do the plan review, field inspections for the borough. We have a certificate

of insurance and the rates. The secretary said for 2013 the commercial fees have changed a little.

Councilman Noll asked if the fee schedule needs to be changed. Solicitor Rausch said in January

you could update the schedule by resolution. A motion was made by Councilman Noll to accept

the 2013 Code Administrators contract. The motion was seconded by Councilman Myers. All in favor.

Solicitor’s Report(cont.) Page 3

Councilman Snyder said motion carried.

A motion was made to sign the copier contract with Imageware for $234.78 was made by Councilman

Howett. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said

motion carried.

Councilman Noll said the house bill that came out. There has been clarification within the state on what

a code appeals board. It was a question of if a municipality adopts the building code, had to do it

internally within the municipality or if they could designate an authority like the County of York has.

Legislature has put that to rest by saying you have to have their own, or you have the ability to appoint

through resolution. With that being said I think we need to double check our ordinances. We have the

proper name, York County Appeals Board by some kind of ordinance. I don’t believe we do at this point.

Councilman Snyder said I can get you a copy of what is in here. Make sure they didn’t change the

wording. Solicitor Rausch said I am taking the position that its retro active. Councilman Noll said

I wanted to make sure we are covered. Solicitor Rausch said I’ll double check.

Councilman Noll said this came from the municipal manager’s meeting. We have had some questions

with our zoning hearing board and their solicitor they employ to do those hearings. The question on

the solicitor side, is, some municipalities had indicated that while we as a council can not tell the zoning

hearing board which solicitor they use as their solicitor. We do have the ability to say, we will not pay

for that solicitor. Several municipalities have said, that is how they have taken care of that problem.

And the question is, is that something we can do? We are talking townships and other people that

have indicated that is how they handled that. Solicitor Rausch said that was a question that had come up.

You can set the budget. The question I always wondered is, if the MPC mandates, I don’t think it does,

that the zoning hearing board must have a solicitor. In other words, I don’t know if its ever been challenged,

that you can’t basically lead the zoning hearing board without representation by not providing for it

in the budget. Discussion continued. Solicitor Rausch said that is the only way to do it. I don’t know if the zoning hearing board could bring action that the governing body pays for the service. You have to avoid any discrimination. You have to be careful about it, that is a possibly. Councilman Noll said how should we be doing it. Solicitor

Rausch said if you have legal service for the zoning hearing board on the budget. Councilman Snyder said

yes on the 2013 budget. Discussion continued. Councilman Noll said I’ll ask the municipal managers meeting,

how they actually do this and still have a solicitor appointed to that board. Solicitor Rausch said I am not of

aware of any municipality doing this. Councilman Noll said last time there was five or six of them, Windsor was one of them, York Township said they have done this. Solicitor Rausch said I know Windsor Township hasn’t.

The borough may do that. Councilman Noll said Elizabeth said they have done that, Kelly Kelch said. They indicated that they have knowledge of it. I need to have further conversation on it. Councilman Snyder said the MPC says that we have to fund it. Solicitor Rausch said that’s my concern. Councilman Myers asked have you ever seen municipalities

combine zoning hearing boards? Solicitor Rausch said you can, you’re allowed to. I don’t know, I think if you

combine them, you have to use the same ordinance. If you have different ordinances, no. The secretary reminded

council, that you will have a member to be appointed to the zoning hearing board in 2013. Councilman Snyder

said we will have to need to do that by resolution in January.

Solicitor’s Report(cont.) Page 4

Councilman Allar asked about the update on the conservation easement. Solicitor Rausch said he had reviewed

the agreement and sent my approval to Steve Hovis. Councilman Allar said we can’t send it to the next level,

because its York Township’s property. Councilman Myers said both Attorney Hovis and Jake are hard to get.

Solicitor Rausch said I will get back on that.

Councilman Allar asked about the formatted letter, that can be sent to banks about maintenance issues on

their properties. Solicitor Rausch said there is already one prepared.

Engineer’s Report

Mr. Malesker said on the wetland mitigation project, DEP has sent some comments back and ARC has addressed them or is in the process. Councilman Allar said he understands that there is nothing really major.

Mr. Malesker said on MS 4 we had an update meeting with Sam and Seth in November. We are staying on track

with all the MS 4 issues. There was a clogged stormwater inlet on someone’s property, they were sent

a notice and that has been taken care of.

Mr. Malesker said Fitz and Smith did the punch list items. They put bituminous material on the other bank,

they put grout in the joint between the culvert sections. We may need in the spring, that they didn’t put

the bituminous on, seed in the spring.

Mr. Malesker reported the basin inspection report is done. I brought the notices that are posted need to be inspected, John signs those. I did email them to him today. I left them at his place at the council table. I need those signed before we submit.

Mr. Malesker reported we did get the plans submitted for the add on lot. I did copy the last page of the plans.

It gives you a general idea of what we talked about before, following the red easement line, as they wanted.

I did go over these with the Reidels. They signed the plan. It was notarized and it was submitted to York

Township. We got it in early for the January meeting at York Township. Discussion continued. Councilman

Snyder reminded the solicitor, along with this, to give you a heads up, this may be between you having to draft this up and Mr. Reidel’s attorney. As part of the agreement, we actually had a right of way access easement agreement up by his building. That was referenced on our original plan and on our deed. He never acknowledged our right to use

that. So as a bargaining chip, I told him we are going to start using the easement because we need access. Now I will work a deal with you. We have to make sure this original access easement does get extinguished. We will give up

that easement. Solicitor Rausch said can we add a note to that affect on the plan, saying that the access referenced

in deed will be extinguished. We are confirming, we are acknowledging. Councilman Noll said you do an existing condition plan before it was subdivided, I think you should show it on your existing condition plan with a note

that its being extinguish as part of the subdivision. Solicitor Rausch said if I was his attorney, I would want it on,

for clarification. Councilman Noll said it will be legally recorded if put as a note on the existing condition plan.

Councilman Snyder said I wanted to make you aware of it. Mr. Malesker said a legal description was given to

Attorney Ehrhart. Solicitor Rausch said we may need a legal description for the whole property. After we get

done with subdivision, we may need to talk about that.

Engineer’s Report(cont.) Page 5

Councilman Snyder extended thanks for another successful year and look forward to working with you

in the new year.

Zoning Officer’s Report

Mr. Shaw did not present a report.

Councilman Noll said ten hours. We didn’t make any progress on 196. Letters and court cases, and fining people.

Work continues on the former Pangburn property. That property is involved in a reverse mortgage. Regan

and I did a walk through town at the end of last month. We looked at a lot of stuff. Councilman Snyder said

you’ll go over with Patti on the change of the ordinance. Councilman Noll asked do we want to clean up

at 196? Councilman Snyder said technically that is going to court. Councilman Myers said I guess they

have an arrest out. Councilman Noll said if we do anything we may jeopardize our case. Councilman Strausbaugh said Patti and I attended a conference on Monday. She got a lot out of it. Maybe some better recourse for 230.

Councilman Noll said late December or early January we can meet and plan out next year. Councilman Strausbaugh asked if Councilman Noll knows about a conservatorship. The borough or an individual, even if Mr. Richardson still owns the property, that person or the borough can take control over it. Then it needs to be boarded up. They can do that. Then if you wanted to go through Habitat for Humanity. Councilman Noll said we have to be careful of not pushing any more properties onto the public roles. Councilman Strausbaugh said you can go through and rate

these properties. The first thing is are they occupied. Then health and safety issue, you score each property.

Councilman Noll said that is a good idea, because we are looking for a uniformity. Councilman Strausbaugh

said you can go through town and rate and give them a score. One of the things I’d like to do with Patti, is prepare a spreadsheet. And validate. And if you go to court its right there. Councilman Myers said it would be fair across

the board. Councilman Strausbaugh said you notify everybody. Councilman Myers said some municipalities,

are not going the thirty days, they are citing them immediately. Councilman Snyder said you work it out

with the district justice, to see if they come in compliance. Councilman Strausbaugh said Patti said some

municipalities for snow removal, don’t cite them, they give them a ticket right away. Councilman Snyder

said we only have to give one notice, one warning and that is good all season. That was point of getting

a code officer with consistency. That one notice, if she knows that she cited John Smith two years ago,

John Smith is already on notice. Councilman Noll said it could be like a parking ticket. Councilman Myers

said a property didn’t have electric, what would that fall under. Councilman Snyder said that would

be a UCC. Councilman Myers said how do prove that. That is going to be a problem. Councilwoman

Coble Tyson said that was created by another issue, not for non payment of bill. They lost food items.

The generator was for maintaining heat. This was a shut down by Met Ed, some kind of compliance issue.

It wasn’t suppose to happen. It got ugly. They have electric now, it was a 3 day thing. Councilman Noll

said Regan and I will get together and move that forward. Councilman Strausbaugh said I’d like to thank

council and the borough for sending us to the conference. We received a lot of information. Councilman

Myers said I told Patti to talk to Sandy about business cards. The secretary said I got mine free.

Mayor Sanford said over in Spry. Councilman Snyder asked the Mayor to give Patti the contact information.

She needs identification. Councilman Noll said if she wants something additional, a lanyard. Mayor Sanford said I’ll check on that.

Emergency Management Report Page 6

Mayor Sanford said the next meeting is scheduled for January 9th or 12th. Not sure of the topic.

Mayor Sanford said the new county hazard mitigation plan is out for review. We piggy back off for

the borough as well as the majority of the other municipalities.

Mayor Sanford said I signed the paperwork this morning for the FEMA funding.

Maintenance Report

Mr. Shearer said you see on the bottom of report, leaf pick up, next week is the last week.

Councilman Noll asked for pictures of the leaf pick up for MS 4 requirements.

The secretary asked when vacation will be taken? Mr. Shearer said it will be sometime

at the end of the month.

Councilman Snyder said for the property maintenance code officer, we came up with an address and name for 77 W. Walnut, a Mary Turner is living there the actual owner is Steve Seitz, of 60 Carson Lane, Red Lion, 17356. We

can pick him up on the property maintenance for next year. Councilman Allar asked are all the outstanding

property maintenance property fees taken care of? Mr. Shearer said I think we are good. There are a couple

that are going to be added on. That was something we had that one and another one that contacted me within

the last month, there is no way to retro active or pro rate the fee. Councilman Snyder said if they buy

something mid year. Mr. Shearer said well yeah, if you have someone come in mid year, you send it out

in the beginning of the year. New ones that are, some are coming in and going out all the time. Councilman

Snyder said I think Tom was asking about the five or six notices you had to send out for the deliquents.

Mr. Shearer said yeah. Councilman Snyder asked are they paid up? Mr. Shearer said yeah. Councilman Myers

said its always the same ones? Mr. Shearer said no these are different because they was nobody in

the delinquent list from last year, because we sent them the $500.00 reinstatement fee letter. Councilman

Myers said I was sitting in a class yesterday, and some of the municipality inspections, if you have a property

and I paid in January for my rental fee, and in June I moved out. They charge you again, and you get

re inspected. I said wow. I said why do that. They said where they are at, the apartments get screwed up.

Mr. Shearer said a lot don’t do it at a certain time, they do it at their inspection time. Your largest landlord of time, they have some tenants for over twenty years. If you do that way, then it would never get inspected. Councilman Allar said

some landlords don’t want an inspection. Councilman Snyder said we weren’t getting tenant reports, Connie

was complaining about that all the time. Discussion continued.

Councilman Allar said Jake has a project in Dover. He needs dirt. He asked me if I can find a temporary dump site. I called Red Lion, see if we can use the same site that we used before near the soccer fields. Dianne called today and said she has a site. Instead of going to the landfill, it would go to that site. Jake is going to be responsible for

everything. The E & S plan still has to be done. He has to be responsible for designing, installing and maintaining

the E & S measures. All this in writing for Red Lion and Dallastown including how long he is going to

need this dump site. Right now it looks like it’s a tentative plan. Mr. Malesker said he came down and he was

going to get a hold of Brett. Brett is going to return Jake’s email. Councilman Allar said rather than having

a 45 minute to an hour turn around, we can now have fifteen minutes. Which should reduce our cost considerably.

I don’t know if we need to use Dallastown’s truck or not, and work with Connie. Mr. Shearer said I talked

Maintenance Report(cont.) Page 7

Joe on Friday, he already talked to Connie about it. Initially he was looking at borrowing the truck

from Fitz Smith. Jake’s machine won’t load that big of a truck. They do have the smaller dumps.

Councilman Allar said count for the hours if you do use Dallastown’s truck. Mr. Shearer said I did

the truck available, I can drive for them. We can still have the truck.

Councilman Snyder said I don’t think you were here that late, it was confirmed with Steve.

Tom had indicated that Fitz and Smith may be dumping on that property up near the rail road

property near the dams. You may want to take a look at that and make sure anything that they

are dumping isn’t on our land. Mr. Shearer said I’ll have to see where the lot lines are. Councilman

Snyder said just verify.

Mayor’s Report

Mayor Sanford said the mayor report and the police report is on the back. Slower month than last month.

We have a credit of about 30 hours.

Mayor Sanford said I did talk to regional, Corporal Dyke, he is taking over the commercial truck

enforcement position. We talked about putting some emphasis on Broad and Elm Streets.

Councilman Snyder said we did sign the police contract. Our new solicitor, Charles Rausch, he is also with Red Lion. He pointed out to me, the issue that was discussed at last month’s meeting. The chief indicating, questions

on billing back with Red Lion. He did indicate that Red Lion is being billed for extra hours, and it is in

the contract to bill them for those extra hours.

Secretary’s Report

The secretary said Bruce Manns is giving notice that he will not be the webmaster for next year for the

borough website.

The secretary reported that no yearly contract has been received from Milt’s Repair Service on the

traffic signal.

The secretary said the office will be closed Friday December 2, 2012 and from December 17th to

December 21st. The office will be open December 12th from 9:30AM till noon because I will be taking

an online webinar class with the state.

Councilman Snyder said any ideas or suggestions for taking over that blog. We don’t have anything

budgeted for contracting a webmaster. We don’t have a newsletter. Councilman Strausbaugh said

when I had my business, its not a big deal to do a website. I can take a look at it. Councilman Snyder said whatever way is easier, its not user friendly. Take a look of ours, if you want to get a disc together to hand out to make

a decision.

Secretary’s Report(cont.) Page 8

Councilman Snyder said everyone saw that the secretary advertised the council meeting dates for 2013.

Councilman Snyder said a letter went to York Township and Red Lion as requested on the minutes

that weren’t really approved from the Rail Trail.

Unfinished Business

Councilman Allar reported at the last committee meeting of the rail trail. They are getting together an

April submission to DCNR. The idea is for a planning grant, where we will determine the cost and

engineering. Jeff Shue and Glen Lohss will give us a feel of what a grant like that will cost and on

the scope.

New Business

There was no new business.

Payment of the Bills

Councilman Snyder asked if everyone had an opportunity to look over the bill list? A motion was made by

Councilman Myers to pay the bills as listed. The motion was seconded by Councilman Noll. Councilman

Snyder said bills are paid.

Councilman Snyder thanked everyone for another successful year. Been fun, looking forward to see

everyone at the second Tuesday of the new year. Everyone have a safe and happy holiday.


Councilman Strausbaugh said I wish everyone a Merry Christmas and I make motion was adjourn the meeting at 8:37PM. The motion was seconded by Councilman Snyder. All in favor. Meeting adjourned.