The regular monthly meeting of Yoe Borough Council was held on August 2, 2016 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA 17313. The meeting was called to order by Council President Sam Snyder at 7:03PM followed by the Pledge of Allegiance.
Council members in attendance:
Others in attendance:
Dana Shearer, Maintenance
Seth Springer, Solicitor
Steve Malesker, Engineer
Diana Dvorak, Assistant Secretary-Treasurer
John Sanford, Mayor
Keith Hunnings, South Penn Code Consultants LLC.
Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting. Councilman Noll made the motion to accept the minutes, Councilman Strausbaugh seconded the motion. Councilman Bankoske abstained. Councilman Snyder, Councilman Myers, Councilman Harper in favor. Councilman Snyder mentioned that he liked how the minutes are being presented. Minutes are concise, while still picking up on pertinent conversations.
Keith Hunnings from South Penn Code Consultants LLC was in attendance. Mr. Hunnings was asked to attend the meeting to discuss being our new codes enforcement. As there were no other visitors, Councilman Snyder suggested we go right into the Solicitors report, to further discuss questions regarding the contracts.
Solicitor Springer had questions regarding the titles, and asked Mr. Hunnings to explain in more detail what the titles mean, and what the responsibilities are. Each Municipality is required to have a Building Code Official, is someone who is responsible for keeping track of incoming permits, and issuing final paperwork pertaining to the permit. Labor and Industry is required to audit these records every few years, and Mr. Hunnings as a BCO, would help facilitate that.
The contract had several options of services that South Penn Code Consultants offers. Solicitor Springer verified that the Borough is not obligated to utilize all of the services offered by South Penn Code Consultants. The contract provided is just a standard contract that can be customized.
Councilman Noll wanted to clarify that the Borough is looking at hiring two different agencies. Code Administrators had provide Zoning as well as Building Codes, Uniform Construction Code, and Property Maintenance Codes etc. Commonwealth Code Inspection Services is looking to do just the Uniform Construction Code; which would be plan review, issuance of building permits, and inspections for residential and commercial construction. Mr. Hunnings would be providing primarily Zoning, and Building Code Official. Mr. Hunnings would be issuing, on behalf of the Borough, the Use and Occupancy certificate.
Solicitor Springer requested that Commonwealth contract be revised to state that they would provide all necessary documentation to Mr. Hunnings’ company. Mr. Hunnings routinely works with Commonwealth, so does not foresee any problems. Discussion continued on who the permits are handled between the two companies.
A fee schedule was provided by South Penn Code Consultants. Discussion on how the billing is done continued. There are two options for the Borough; an hourly rate or a per job rate.
Councilman Snyder wanted to let Mr. Hunnings know that the Borough has their own Assistant Zoning Officer. Mr. Hunnings said Zoning Officer is not a required service, but they are there to provide back up. Mr. Hunnings does ask, that if a letter were to be sent out with his name on it, that he review the letter first, and sign it himself.
Solicitor Springer inquired as to how a question regarding an ordinance would be handled by South Penn. Mr. Hunnings stated that in that case he would defer to the Borough to be clear that he understands the intent of the ordinance. Councilman Noll wanted it noted that Mr. Shearer would continue to do rental inspections, but again, South Penn would provide back up as needed. Mr. Shearer asked if someone would be available on an emergency basis. Mr. Hunnings said he would provide his personal cell phone number for cases like that. Residents would continue to come to the Borough office to pick up permits, they would not be asked to pick up the permits at the South Penn office in Shrewsbury. The Secretary could continue to send new permits via email, as had previously been done. South Penn will also provide permits for the Borough to use.
Mr. Hunnings inquired as to whether or not they would be required to do any MS4 work. This is handled by C. S. Davidson. Discussion of potential use of C.S. Davidson, and the cumulative effect of the exemptions regarding MS4 continued.
Councilman Snyder asked if we had received our Code of Ordinances book and disc back from Code Administrators; we have not. Councilman Snyder let Mr. Hunnings know that we can provide him with a PDF in the meantime.
Discussion regarding outstanding permits from Code Administrators continued. At this point there are only two permits. One of them being 53 Church ST, which a Use and Occupancy certificate has been issued. There were some concerns regarding the verbiage on the Use and Occupancy Certificate. Solicitor Springer will follow up with Code Administrators, asking that the certificate be amended to make it clearer that the certificate is only for the repairs done on the third unit. There is to be no more than three apartments in this building, unless the property owner meets the zoning/codes requirements for a fourth unit. Discussion continued.
Solicitor Springer has been working with Code Administrators to ensure that any open permits that had been processed through Code Administrators will be closed properly.
Solicitor Springer will let the Department of Labor and Industry know of the changes to our Zoning Officer and BCO.
Click here to view the 08-16 Solicitor’s Report.
At 8PM Councilman Noll made a motion to go into executive session to discuss pending legal issues. The motion was seconded by Councilman Strausbaugh. All in favor.
The regular meeting was reconvened at 8:12 PM. During the executive session legal matters were discussed.
A motion was made by Councilman Noll to accept the resignation of Code Administrators, dated July 5, 2016, upon the satisfaction of the Solicitor regarding outstanding/pending applications. The motion was seconded by Councilman Bankoske. Councilman Harper abstained. Councilman Snyder, Councilman Myers, Councilman Strausbaugh in favor.
Resolution 2016-6 – to appoint Commonwealth Code Inspection Services, Inc. as the Uniform Construction Code Inspector. Motion made by Councilman Noll, seconded by Councilman Strausbaugh. Councilman Harper abstained. Councilman Snyder, Councilman Myers, and Councilman Bankoske in favor.
Resolution 2016-7 – to appoint South Penn Code Consultants, LLC. As the Borough Zoning Officer, Building Code Official, and the International Property Maintenance Code Inspector.
Motion made by Councilman Strausbaugh, seconded by Councilman Bankoske. Councilman Harper abstained. Councilman Snyder, Councilman Myers, Councilman Strausbaugh in favor.
Councilman Snyder wanted it noted, that these motions in no way affects the position of the Assistant Zoning Officer/Code Officer, Patti Myers.
A motion to accept the contracts from South Penn, and Commonwealth upon approval by the Solicitor was made by Councilman Noll, and seconded by Councilman Bankoske. Councilman Harper abstained. Councilman Snyder, Councilman Myers, Councilman Strausbaugh in favor.
A motion for the Solicitor to prepare the appropriate fee schedule was made by Councilman Noll, and seconded by Councilman Bankoske. Councilman Harper abstained. Councilman Snyder, Councilman Myers, Councilman Strausbaugh in favor.
Mr. Malesker scheduled core samples for July, but due to construction they have not been completed, these should be done this month. Because of the delay Mr. Malesker has not yet obtained a project number. Councilman Snyder did make contact with DCED, who provided a contact at Penndot. Discussion continued.
The sewer authority has made repairs to the man holes close to Main ST on Broad. They camera-ed the line from the next man hole up, which is right where the depression is in the road. There were no problems with the sewer line found. Mr. Shearer thinks this may be a groundwater issues that is following the outside of the trench. Discussion continued as to whether anything else was checked. Mr. Shearer is going to follow up for more detail.
The MS4 report has been submitted. Our Annual meeting will be held during our September 6th meeting. The meeting has already been posted on the Borough’s website, and on the office door. Mr. Shearer will also advertise at the Fire Hall. Mr. Malesker will discuss the details of the report at the September meeting.
Councilman Noll attended a MS4 seminar on July 26th. Mapping requirements are going to increase significantly. It is no longer enough to advertise, we must have attendance. Discussion regarding mapping, pollution reduction etc. was discussed. Mr. Noll has the document from the meeting he can provide for anyone who is interested. At the Seminar it was mentioned that residents should be fined if they are washing their cars in their driveways. You are expected to pull your vehicle into your yard, and wash your vehicle in the grass. Discussion regarding the meeting continued.
If work is done at the dam, Councilman Noll feels it should be reported. Councilman Myers said he spoke with Mr. Romig, but DEP is still not showing anything on file. Mr. Malesker also has been unable to find anything on the DEP website. Mr. Romig, did supply documentation that information was submitted to DEP. There is now a new permit which Mr. Romig would need to complete. Councilman Myers is going to follow up with Mr. Romig. Discussion continued.
Click here to view the 08-16 Engineer’s Report.
Maintenance report provided. The slide at the park has been replaced. 2016-17 salt contract is on the COSTARS website. Our price per ton $57.50, which is less than last year. We have to take a minimum of 84 tons.
Councilman Myers obtained a proposal for a tractor, the price is $11, 393.46. Model X739 by John Deere. Councilman Noll made a motion to purchase a lawn tractor in the amount of $11,393.46 through COSTARS for the model and type presented. Seconded by Councilman Harper. All in favor.
Councilman Myers made a motion to take the Cub Cadet and Ventrac to McGrew’s to be auctioned off. Councilman Harper seconded. All in favor.
Councilman Myers will follow up on the cost of a new truck.
Zoning Officer’s Report
June and July report provided. There were a lot of complaints for grass. Mayor Sanford brought up a few issues regarding vehicles with no tags. Councilman Myers will let the Assistant Zoning Officer know about these issues so they can be addressed. Discussion continued.
Mayor Sanford completed the NIMS form, but it has not been filed yet, as there was a question as to whether we had done a resolution or ordinance adopting NIMS. Councilman Noll feels that we did. But this has not been done yet in 2016.
A motion was made by Councilman Noll to formally adopt NIMS (National Incident Management System), as our formal system. This was seconded by Councilman Harper. All in favor.
Mayor Sanford will now file the NIMS report.
Mayor’s report was provided.
Speed detail was done on Main ST last weekend, but was not very successful. Also discussed the issue of trucks on Broad ST with the Police Chief. Councilman Harper asked if Mayor Sanford had heard anything regarding the break-ins. There had been several vehicles broken into, but this is an ongoing issue. Mayor Sanford has not heard anything new, but strongly recommended that residents keep everything locked down.
MS4 meeting will be held during the next council meeting on September 6. The free yard sale will be held Labor Day weekend, September 2 & 3.
The Penn Waste driver had come to the Borough Office with a concern regarding excessive “large item” trash at Village Realty. Village Realty pays for each individual unit, so they are entitled to one large item per unit each week. Discussion continued.
Mayor Sanford wanted to know if the electronics recycling program has started again. It has, and the information has been sent to the webmaster to be added to the website.
We are still in the process of transferring accounts over to York Traditions. The Citizens Bank accounts will be open for a little longer pending automatic transfers.
No unfinished business.
No new business.
Payment of Bills
A motion to pay the bills was made by Councilman Harper, and seconded by Councilman Strausbaugh. All in favor.
A motion was made by Councilman Bankoske to adjourn at 9:30. Seconded by Councilman Snyder. All in favor.