Borough of Yoe

150 North Maple Street, Yoe, PA 17131 • (717) 244-5904

The regular monthly meeting of Yoe Borough Council was held on February 3, 2015 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe. The meeting was called to order by President of Council Sam Snyder at 7:02PM followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
Barry Myers
George Howett
Regan Strausbaugh
Bill Bankoske
Ryan Harper

Others in attendance:
Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance
John Sanford, Mayor
Steve Malesker, Engineer
Charles Rausch, Solicitor
Connie Crull, Tax Collector
Robert Strobeck, resident and owner of property at 262 W. George Street

Minutes
Councilman Snyder asked if everyone had an opportunity to look over the minutes from the previous meeting? Any additions or corrections? A motion was made by Councilman Strausbaugh to accept the meeting minutes of January 6, 2015. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried.

Advertised Adoption for Ordinance 2015-01
Councilman Snyder said 2015-01, an ordinance amending the Yoe Borough Code of Ordinances amending Chapter 16 Parks and Recreation, to amend section 16.102, regarding prohibitive conduct. Part 1 appeals section 102 K and the remaining ordinance remains in full effect. I am going to make my own personal comment for the record, while I will be voting for this, I think its bull crap, that using this as a tactic against municipalities like this, when clearly Yoe Borough in their ordinance clearly states not to be used in an offensive manner. These attorneys have nothing better to do and they claim that, it limits someone’s right to self defense. When we are limiting someone’s offense, how can it limit someone’s right to self defense. Be that as it may, I will be voting for this merely because our solicitor pointed out, we are not covered by insurance to cover something like this, therefore it would be on the taxpayers dime. So it is prudent to pass it, its in the best interest of the municipality as far as being fiscally responsible to pass it and in the scope of things, if we did fight and we won, was allowed to stay on the books. Someone up at our park using a weapon offensively, isn’t going to be charged under our ordinance anyway, they would charged under the Federal Firearms Law and the State’s Crime Code, in that respect it doesn’t affect us in the overall picture. The reason they reported to us, I call bull crap. That is my comments. Councilman Strausbaugh said I’m very opposed to this. I know our ordinance has very clear rules. There is no reason for this. Our ordinance isn’t going to stand up in the courts regardless. If he wants to sue us, if he does, can we back down at that point? Solicitor Rausch said you always could, but he might want to claim attorneys fees. That is the issue that you have. He would gain what he is charged to do, to make sure that there aren’t any ordinances on the books that infringe on someone’s right to carry or discharge a weapon if they are doing it in accordance with the law. They didn’t waste any time, after that new bill was enforced. Councilman Strausbaugh said personally I find it difficult to take this. Councilman Snyder said with the comments noted we can take the vote. All in favor: Councilman Snyder,Councilman Noll, Councilman Howett, Councilman Harper, Councilman Bankoske. Against: Councilman Strausbaugh. Councilman Snyder said motion carried, it is passed.

Visitors
Connie Crull, Tax Collector came to present the 2014 taxes. We sent out to 307 parcels and 12 exempt parcels. We collected for the real estate and fire protection, this 2013 and 2014, $117,861.18. I liened 17 properties, that include borough. County and school district for $30,513.54. Of the sixteen for the borough, it was $3995.52 but the lien adjustment from the tax claim bureau. Because of the judicial sale that was held on June 5, 2014, for 230 S. Main Street, did pay any borough or county taxes. So it then became a total of $3664.20 that was liened for Yoe Borough, that includes the real estate and the fire protection taxes. I gave Sandy a copy of this.

Connie Crull, Tax Collector said my other question is, are you going to appoint a deputy tax collector?Are you going to sign my paperwork. Councilman Snyder said according to what I read, they never changed the tax collector law. The law says that the tax collector may appoint, it doesn’t say you shall, under the new law. Solicitor Rausch said I thought it was mandatory. Councilman Snyder said that’s what they are trying to say but I read it. It still says may. Now my attitude is, if its may, it is discretionary. If they’re going to make it mandatory, then I have serious questions. You have the responsibility, I want to know that person, do they need to be a resident. They’re not making that clear in the requirements. Attorney Rausch said you only need the certication. I think the tax collectors are appointing each other.

Mrs. Crull said I would appoint Linda Shaub from Dallastown, she is small. She would only step in, incase of severe accident or if I couldn’t do anything. She would have access to all my records. That was clarified. The law was passed. The President of the State Association has to friends with this senator, and they got this passed because someone was going to place a bill to the house and senate to eliminate all tax collectors. And that is what they are doing in Pennsylvania with this law. What is going to happen if everything is going through the way they say, its going to cost me anywhere from $1000.00 to $1200.00 a year to do those classes. Telling you right now I’m not paying that much. I don’t collect that much from the county and the school district. I don’t think its fair for us to pay for all these credits. DCED is involved with this, and it’s a money making thing. The only thing, they can’t fire me because I’m an elected official. The only thing that can stop me, is when I run at my next term. And I’m not running for another term.

Mrs. Crull said that was my question, if you don’t want to sign it, that’s fine. Councilman Snyder said unless the council takes a vote to say someone is going to sign it. I have the same issues that you do. Its bull crap. They passed this law, they wrote it up to require all these certifications and everything. They got so ahead of themselves, that they forgot to take out the language, which had been in there previously. You could always have appointed a deputy, they never changed the language. And that language says that you may appoint someone. Doesn’t say shall.

Mrs. Crull said you aren’t the only ones. The school has not sign either. The only people that have signed it is the county. So far the bonding has not signed it . Councilman Snyder said exactly, there are so many problems with this. Bonding is just one of them. We got our issue in Yoe Borough, we already passed the ordinance that any newly elected/ or appointed tax collector gets paid at a different rate. So if that person takes over, now you have a different rate involved because technically its an appointed tax collector. Until the state comes down and says you must, I want to see it in the bill. The bill says you may. Mrs. Crull said the bill needs cleaned up. I just wanted to let you know.

Mrs. Crull said I am not planning on resigning. But I will not be seeking re-election. What they want in computer programs, and banking. I do not do a spreadsheet. That is $1200.00 a year to do a spreadsheet. For 300 parcels?

Councilman Snyder said if their intent was to push out the local tax collector, this will do it? They don’t have something in place to substitute for it. Had the other law, and had everything in place. Now its going to be helter skelter, every man for himself. If you read this law, its so messed up. You actually have to file a certification, unlike anybody else. When we had this issue last year with someone running for council seat. Now you have to file a certification before you can run. Mrs. Crull said you have to be certified before you can be put on the ballot. Councilman Snyder said they don’t even do that with the district justices, don’t even get me started. Mrs. Crull said you have to get re-certified every year. Certification doesn’t carry through for the whole term. Right now I’m grandfathered in until the end of October, then I have to have my six credits. I have no attention of paying $65.00 per credit, I’m telling you right now.

Councilman Snyder said thanks for coming tonight.

Mr. Bob Strobeck said I have a business down the street, 262 W. George Street. A year and a half ago I sold the business to Tom and Jason Woods. Their father had a business up at the Cape Horn Body Shop for forty, fifty years. They are good guys, honest businessman. I received this letter from code enforcement. They’re buying the property on a sales agreement. To me this whole thing, looks like a mole hill that has turned into a mountain. I think its a lot of bull crap. I don’t understand, the small addition that they put on the garage. Its just a little walk in office. I forget how many square foot. I know when I built down there, I got a permit from you. Code Administrators. They required a drawing and everything suited them and whatever. Go build whatever you are doing and we’ll come out and check it.

Mr. Strobeck said these guys screwed up and made a big mistake. Nobody in here ever made a mistake including me. But they decided to do it without a permit. I am not sure of the reason. Except the tax people come out ten minutes after you get the permit. So they can get more taxes. So anyhow, they started the construction and it got shut down. What I don’t understand is, I even talked to code enforcement, why did it go this far? That you couldn’t work something out, fine them for screwing up a couple hundred bucks or whatever. Get their drawings. Its not going to affect anything down there. It’s a small walk in office so people aren’t walking in the garage immediately and the service area. He said they were offered the opportunity. I said, well, according to them that’s not true. They were never offered the opportunity to pay a fine. Now they are looking at, going through all this stormwater management approval, county approval, construction in a flood zone. Its not going to cause any problems as far as flood. Noise, dust, anything you can think of. These guys are being punished, they claim its going to cost them twenty to thirty thousand dollars to have people to do this. I think its very poor that two guys who are trying to put food on the table, a legitimate business. Its not a strip club or bar or anything like that, good guys, good honest guys and this is not first day in business that they are being put to this. That’s about the only comments I have anybody else?

Councilman Strausbaugh said I know Tom well. I’ve known about this situation since the start. I agree with you 100%. Yoe Borough, its not like we are blessed with businesses down here.

Mr. Strobeck said they are successful business guys. Councilman Strausbaugh said what we are talking about is a tiny little office, breezeway between two buildings. Mr. Strobeck said its not like a big building. Mr. Strausbaugh said he has about $2000.00 in materials, $20,000.00 to $30,000.00 in permitting.

Councilman Noll said the problem is, first of all they did not follow the rules. And the county has put us under notice, as you well know, that with stormwater. We had to sign a stormwater agreement with the county. You are required and you don’t have any leadway. The other thing the property is in the flood zone, and falls under federal government regulations. We are a municipality and have federal regulations. We have to follow certain regulations. We are not allowed to take exceptions. Plus the UCC, which is the governing body, The International Code. We gave him notice to stop construction, which to their credit they did. To my knowledge, they haven’t done anymore work on it. The stop work order is there. What we are trying to do is to get resolution, either to follow through with what we are forced to enforce, so that we don’t lose federal monies, federal grant, flood insurance status. They have two options, they can do what the ordinances, a lot of these ordinances, we didn’t have choice in them. They basically came in and said Yoe Borough here’s the ordinance, if you want to fight the government and not be eligible for money you have to sign this crap. We did so we could eligible. The options are to follow the regulations or tear it down, its their choice. Its been a year and a half and they have to make resolution.

Councilman Snyder said a year and half ago this came to our attention and we were giving them the benefit of the doubt. We didn’t want to fine, we didn’t want to cite, we said hey look, an error was made, here’s what you have to do. We gave them the information. Our engineer gave them the information, this how you need or this is where you need to submit your land development plan through the county. They actually called the county to find out what they needed to do to file the land development plan and they just never did. So after a year and half, we sort of have, we don’t fall behind with the federal government,we have to say, well either you’ve got to follow the rules or we have to push it, to tear it down, one or the other. Mr. Strobeck said what I can see is, two or three years ago I put that addition on down there. I gave Code Administrators a drawing, and they didn’t require any of this stormwater stuff. Councilman Snyder said things have changed. Councilman Myers said you can’t even put a Black Bear Structure up at your house without doing storm water. The storm water costs are going to cost more than your Black Bear Structure. Its crazy. Councilman Noll said I’m doing the same thing in York Township for Kinsely, 400 square foot addition. I have to do a full land development plan, set markers, do I don’t how many stream sights. I’m fortunate to be abutted near a stream, all because this. More money than what the project is worth, to get the approval. Mr. Strobeck said I’m here to find out what the deal is, now I know what the deal is. There are so many wrongs in the area. Right across the street, at Connie’s old house, those guys are operating a yard business repairing cars. Why aren’t Code Administrators down there banging on them for what they are doing? They are running a business down there in that yard. I saw them two or three years ago, when I was still there. They’re still doing it. So many wrongs here in town. These guys are legitimate guys, that is my beef. I know my beef isn’t holding much water tonight.

Councilman Noll and Snyder said we will send Codes out, as we find this stuff. Mr. Strobeck said the house across the street from you Seth. I understand that got started remodeling, and wasn’t in the guys name. I know that Code Administrators didn’t get there, and the guy was already starting work. Councilman Snyder said we did shut them down. Councilman Noll said they have all their permits.

Councilman Harper said I understand what you are saying, but unfortunately its out of our hands. We are fighting battles too, to do storm water too. Unfortunately the Federal government has our hands tied.

Mr. Strobeck said but to spend $20,000 to $30,000 for this bull crap. Councilman Myers said it didn’t start from here Bob.

Mr. Strobeck said but you are guys upholding all this. Councilman Myers said what happens when we let it go, and then your neighbor down the street, something happens. You are saying nothing is going to happen. But let’s say something happens, and your neighbor down the street sees it, they get hurt or their property gets damaged. Now we are going to get sued because we didn’t make someone do their job. Now are you okay with since you are taxpayer in this borough? You are going to be paying more taxes when we get sued because we didn’t do our job. Its frustrating. I know what you are saying. It happens to all of us at work. Councilman Noll said another thing, if they don’t get their permit issue taken care of, if there would be flood and they have a permit issue, they won’t get paid. Their insurance company won’t pay a nickel, if they’ve done things in violation. Mr. Strobeck said gabions helped to relieve most of the flooding. That was a good thing. Thanks for your time. Councilman Snyder said thanks for coming tonight.

Solicitor’s Report
Solicitor Rausch said we took care of our ordinance.

Solicitor Rausch said the only thing active is our proposed adoption of Church Alley Extended. Steve has prepared with our drawings, we can proceed if council wants to move forward. We are going to open the alley, we have to give notice to the adjoining property owners. To let them know what is going on, have a hearing for any comments. Then we do an ordinance to adopt. If they can prove damages there is a process. We are not taking their property, their property lines don’t dissect with the alley. Councilman Snyder said we discussed an issue. We wanted to make sure, one of the issues we are taking is not only for the rail trail but also for our utilities to get access to them. One of the questions that was raised, do we know if the utilities fall within this fourteen feet? What do want to do know? We discussed that Dana do a PA One Call, until we locate the utilities. Do we want to hold that up until we locate utilities?

Solicitor Rausch said we should know where the lines are. Discussion continued. A motion was made by Councilman Noll to follow through with the opening and adoption of Church Street Extended and get a PA One Call for utility location. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried.

Councilman Myers asked what Mr. Strobeck said about the property across the street? That is in a commercial zone area. His property has junk at the end of his property. There isn’t much a zoning officer can do because its commercial. How do we, other than, then a suspected business? Now they have a temporary shelter up. Councilman Noll said the car repair is a permitted use. Solicitor Rausch said if it’s a permitted use then it should be okay. Whether they are doing stuff outside , that depends on the circumstances. Councilman Myers said I don’t know that they had a permit, but its in a commercial district. Mr. Shearer said its one contiguous parcel with the business. There are two separate tenants on one parcel. Councilman Myers said its frustrating. Discussion continued.

Engineer’s Report
Mr.Malesker said we need to talk about the joint survey with York Township. I talked to Connie about that and she’s fine that Gary Milbrand suggested that instead of doing the two legs that involve York Township that we get Dallastown involved and do that leg with Dallastown and Yoe Borough. They didn’t want to proceed until Dallastown was on board with it. Connie said she is okay doing that. Councilman Noll gave an overview with using the map on the survey lines for all three municipalities. I agree with York Township. Do we have an estimate? Mr. Malesker said it will be $600.00 for each municipality. We tell them each will be billed separately. A motion was made by Councilman Noll that we proceed with York Township, Dallastown Borough and Yoe Borough in a joint effort to establish the remainder of our property lines connecting with each municipality and use the C. S. Davidson quote. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried. Mr. Malesker said we will wait until York Township approves. Councilman Noll asked if the council has approved it? Mr. Malesker said not through the council, Connie gave verbal. Councilman Noll asked that Mr. Malesker let him know when they bring that up and approve it. I will let Gary know then that we approved it and when Dallastown approves it.

Councilman Noll said we have a seminar that I have signed up for, it has to do with MS 4 permits, its next Tuesday. We are going to discuss all the new requirements with MS 4. The secretary asked for any paperwork that has to do with the seminar for the book. Councilman Noll said there is a second one that has to do with MS 4 also.

Councilman Noll said we are working right now. The county has entered into the Chesapeake Bay agreement. The only thing holding a DEP approval is all the participating municipalities resigning their agreements, which we have already turned into the county. Once they are received, DEP will sign off. We had our first official meeting, last Wed. The next one is April 29th. There are four meeting each year. We have projects picked out. The secretary said I am holding onto the check until DEP signed off. Did you get any paperwork or agenda from that meeting for the book. Councilman Noll gave the secretary a packet to copy for MS 4 book. We have elected our seven officials for the year. The secretary asked if any projects are for Yoe? Councilman Noll said we pay the money and get the credit. With the way the funding is set up now, we may want to look at thing going forward because there may be some opportunities for Yoe. Right now, you have be the project lead, and when the project is over, the municipality that the project occurs in, the responsibility is ongoing, multiple years of inspection and maintenance. You have to be careful. You would become the project administrator. I think we are best financially to set back and get credit. York Township has a project. The agenda has a list of projects. York Township has the engineering done. Where this becomes profitable for us, when we do something like a project we already have done like gabions. We have gone through the first York County Storm Water Authority meeting. The authority looks at everything, and collects a fee from all taxpayers. Looks at all aspects. There will be some public meetings.

Councilman Myers said did you get information from Gary Peacock about another grant out there?Councilman Noll said there are two grants; dirt and gravel, and there is a grant with Exelon Energy, 15-20 year grant cycle, but each year there is funding of $250,000.00 to do projects. It’s a simple one page grant application. Its through York County Conservation. There is some possibility. Its only for York County projects. Councilman Myers said I thought about replacing some of the gabion baskets with K rocks. I asked what about if the fire company applies for the grant and then the borough does across the stream and the fire company does on their side. We will partner in the grant. Would that be eligible? Mr. Peacock said that would be favorable. Councilman Noll said I wanted to research. Councilman Myers said that is something to look into. Sounds like it is storm/stream related. Mr. Malesker said could you combine or just do the dirt and gravel grant. Mr. Shearer said he said considering the location of the alley to the stream. Clark would be easy to sell because its near a stream. Gay Alley isn’t. Mr. Shearer said they dumped money into it last year, to go through this application cycle. Its for low volume paved roads too. They are slack on getting the information out. I still haven’t seen where you can make a dirt road a paved road. That would be a desirable goal. Discussion continued.

Councilman Snyder said I wanted to pass this onto Councilman Myers. The Pennsylvania Department of Conservation and Natural Resources, their grant program is accepting applications from January 14 through April 15, 2015. One of things they listed was for rail trails. If you want to make contact with Red Lion and York Township, to see if this was possible way to get things going this year. Councilman Myers said it sounds like Red Lion is going their thing, and get down to Locust Street. I am not sure what is happening in York Township. I’ll contact her. Councilman Snyder said there is also for park improvements. If you know that the rail trail thing that isn’t going to go anywhere for some time, to do something with either park. We talked about getting fencing up here. I know we have some drainage issues at the other park. Councilman Myers said it sound like TAP is going to finance with Red Lion. Discussion continued.

Maintenance Report
Mr. Shearer said I ordered two loads of salt. I received one today. There is a dwindling surplus. I already have gone through 90 tons. I order a third load so its in the system ordered. There was a discussion about anti-skid material. Mr. Shearer said the contract for next year for salt from Co-Stars, I have submitted for the borough again for 100 tons. If anybody sees a need to raise or lower, we have until March 15th. You must take 60%, you are allowed 40% overage. We are around our 100% mark. Last year we were over. Contractually they supply you with 140% at that price. If we exceed that 140%. Once the county gets to their 140% we are all good. Last year they held the line on pricing. Mayor Sanford said recently the school district has started mixing salt with their anti-skid. We talked to Dallastown Borough, they are real close to their overage mark. I am looking for backup and for a source for next year to work with a municipality. We don’t have any place to store it. We are working on resolving that problem. Mr. Shearer said do we want to work out some agreement? I could work out of the big bin and stockpile in the small bin. If you wanted to segregate to have a location. Discussion continued. Councilman Noll made a motion that council as long as our Co Star contract allows, that we sell salt by the ton to the Dallastown School District, we sell at the cost that we pay from our Co Stars contract. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried. Councilman Harper made a motion to allow Dallastown School District to use the small bin for storage. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried. Mr. Shearer said from last month, when we had the storm on January 6, 2015, PENN DOT was really slow getting to the hill. The Fitz and Smith truck was going sideways through the intersection, I contacted Kristin Phillips-Hill’s office. PENN DOT took a big hit that day, there were a lot of issues. It took Kristin Phillips-Hill, three and half hours to get from Leaders Heights to Harrisburg for her swearing in. What Tom Metz suggested to me, they were going to have some sit downs with PENN DOT. He asked for an estimate of how much I used on the hill to see if PENN DOT would give us a reimbursement. I did an invoice. Discussion continued. Councilman Snyder said we aren’t going to know if this violates our Co Star contract, what if we just make a motion, for a goodwill gesture, that we offer up to 2 tons to the Dallastown School district if its needed. If we can help them out. Mayor Sanford said we can pay. Councilman Snyder said we can take a donation. Councilman Noll said we made a motion we have to vote that down and re do it. It was decided not to do that.

Mr. Shearer said the property maintenance citation was filed for 358 S. Main Street. The property maintenance letters, I am half way through. What I’m doing for a schedule on the back of the maintenance report. To comply with inspection. I split them up as evenly as possible, in groups that range from March to July.

Councilman Harper asked about the rental property at Church Street. Mr. Shearer said he got the violation letter. The tenant has moved out.

Councilman Snyder said I heard from six people that Yoe can be commended for their snow removal.

Zoning Officer’s Report
Councilman Snyder said we have one zoning permit 7-9 E. Pennsylvania Avenue. We have an existing zoning violation at 262 W. George Street. Mrs. Myers report, I’ll pass around. Received a complaint of a chicken/turkey carcass at 53 N. Church Street, it was checked out with no carcass. Mayor Sanford said there are two vehicles behind the store on Church Street. Councilman Myers said the biggest thing is that she can’t get unto the property. Councilman Snyder said I passed information on to Seth. You can get with Patti and say, here’s what I think I found. Under our ordinance, its always a living breathing document, it never will be complete. What we did Chapter 5, Property Maintenance, when we passed the property maintenance code for residential, there was discussion among council and two members of council didn’t want to have it for everybody. How do we get it passed? At the time it was decided how we were going to get it passed, only adopted only five or six of the seven sections. Where we put it was in the ordinance under section 306 which is buildings and structures. Then we adopted so we didn’t have to adopt the whole ordinance. We just said we’ll include a new ordinance, we added a new section that said for the purpose of assuring enforcement of this section, Yoe Borough adopts Chapter 1, 2, etc. reference of standards. But it clearly says for the purpose of enforcement of this section. We are referring to section 306 which is buildings and structures. So there is the definition section and when you get into what Seth found where the vehicles are, its only good when you talk about buildings and structures. Clearly 307 section is yards, open lots and parking areas. So we didn’t really adopt the entire chapter. We adopted it for that section. So my advice to kick around between Seth and Patti, if we are trying to get at, these rental unlicensed vehicles. If you go to the next section which is for vector control. Right in C, it says its illegal to maintain a junkyard for place for the dumping or wrecking or disassembling of automobiles, trucks, tractors, machinery of any kind, leaving dilapidated wrecked or abandoned cars or trucks. We can easily put in there, and unregistered, unlicensed vehicles, trucks, recreational vehicles. Councilman Myers said her problem is when they put a tarp over it, then she has nothing to go by there. Councilman Snyder said under zoning that is not proper screening. You can’t screen with just a tarp. In our zoning, we have in our zoning that you can only have a junk pile five foot high, we did change that. Councilman Noll said Patti has the 2015 property maintenance code, second part is to adopt this unilateral. Councilman Snyder said we can add a couple words in the section and how we do that I don’t know if that takes out the whole section. Councilman Noll said we should ask the solicitor what the best way is. Discussion continued. Councilman Noll made a motion we take the language out of 306.4 and apply that same language to Section 307 being Yards and Open Lots and Section 308 Vector and advertise the ordinance once reviewed by the solicitor. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried.

EMA Report
Mayor Sanford said the radio paging system was down several times this past month. Councilman Myers said some of the problems stemmed from West York area.

Councilman Noll said I heard there are problems getting new EMA coordinators because of new training that they have to have. Mayor Sanford said they are enforcing it. Councilman Noll said the problem is if you don’t have an EMA coordinator, we won’t be able to get funding. I don’t know all the details. Mayor Sanford said I heard they are starting to push the certification regulations. I have seen no dates. Mayor Sanford will do some homework. Councilman Harper will forward a copy of his wife’s certificate, she has taken the training for her job.

Mayor and Police Report
Mayor Sanford had his report passed out. A lot of emails regarding the weather. The police report is on the back for December. I will copy the report for the year and see you get a copy of that. I will scan that. There are no felony or misdemeanor arrests.

Mayor Sanford said he talked to Mr. White of White Recycling about the situation on Orchard Street with the oil clean up. Mr. White has agreed to pay all of our invoices. I will do that, including the invoice from Dallastown Borough and an invoice for Dana’s time. Councilman Myers asked if the Mayor filled out the report needed for the MS 4 report. I sent it to the Mayor to be filled out. Mayor Sanford said I will Councilman Myers if I don’t have it.

Mayor Sanford said around Christmas I contacted Penn Waste, we had debris around 91 W. George St. Penn Waste took everything but the recliner. I spoke with the supervisor and during the conversation she said that, the property was over their bag limit. It was our understanding we don’t have a bag limit. Councilman Snyder said one large item, that is the limit per week for large item. Councilman Myers said they are doing a terrible job of putting bins back on the sidewalk. Discussion continued on other garbage related issues. Mayor Sanford asked for a copy of the current garbage contract. The secretary reminded council that garbage contract ends this year.

Mayor Sanford commented that he received a Christmas Card from President Obama.

Councilman Myers said he heard Red Lion’s police protection is going good.

Secretary’s Report
The secretary said to clarify that the bills for Morton Salt will be paid out of general fund correct? Councilman Snyder said yes.

The secretary said we had a balance of $670.30 from the funding for the zoning ordinance update. The borough received an email from Joiann Galiano, and I sent her the bills for advertising and we did received the $670.30 and the grant is closed out.

The secretary reported that the audit will be February 18 and 20, 2015.

The secretary said the council received the financial statements for the fourth quarter of 2014.

The secretary gave the council a draft of the retention basin billing for 2014 for Dallastown and York Township. York Township will be billed $2899.87 and Dallastown will be billed $2899.86.

Councilman Snyder said take notice we received Yoe Borough Sewer Authority’s outstanding invoice report.

Councilman Snyder said I will give this information under the treasurer’s report. I had to call into York Adams Tax Bureau. York City had a tax increase for their non-residents. Anyone who doesn’t live in the city but works in the city, now is paying 1 ¼ % for local earned income tax. On your paycheck stubs you will see York City instead of Yoe Borough. Councilman Harper said it is shown under the local earned tax slot on your paycheck stub. Councilman Snyder said they said, understand earned income tax, each municipality has a resident and non-resident rate. We collect at 1% for both, you can set a higher rate for one or the other. York City set a non-resident rate at 1 ¼ %. That money is transferred to where you live. Yoe Borough still gets their 1% but anything over goes back to the city. The only time that its different, Dover has a rate of 1 ½ %, but that is higher than York City so Dover gets the whole rate. This is part of Act 32. York City is the first one to try it.

Unfinished Business
Councilman Strausbaugh said about the rail trail. What is the status for that, the grant for that how much money did we get? Councilman Myers said we do a lot of stuff. She came here, we had the stuff to go over. We used that grant a portion of it. We need to go through the right of ways. Councilman Strausbaugh asked it if moving forward or standing still? Councilman Myers said we have to get right of ways going down Pennsylvania, there is good possibility that TAP will fund it going down to Locust Street and the if the township gets their act together they plan on going down to Boundary Avenue. They are having some right of way issues. We don’ have any funding, only funding for the design. We have to find the funding hoping we can ride the wave and go with the TAP. We have to right of ways approved. Then get money to build it. Councilman Myers said we only had money to do the feasibility. We only have about $20,000.00. That is being funded via the Marcellus Shale money. Its not going to be a fast process.

New Business
Councilman Noll said we had the Cohen Law Group to audit the franchise. If you want to be part of the group and have Cohen to do the audit. For us to participate it will cost about $4300.00. For us to participate I don’t know that’s it worth us participating. We get about $10,000.00 a year in franchise fee funds. Councilman Noll said I will take it back that we are not interested. Councilman Snyder said if they did it proportionately that would work better.

Mayor Sanford asked if Yoe Borough is a member of the York Economic Alliance. The secretary said we get information from them. Councilman Noll said they are member of the managers group, I can check with them on their use of the information.

Payment of Bills
Councilman Snyder asked if everyone had an opportunity to look over the bill list. There are no additions. A motion was made by Councilman Noll to pay the bills as listed. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried.

Adjournment
A motion was made by Councilman Bankoske to adjourn the meeting at 9:19PM. The motion was seconded by Councilman Snyder. All in favor.

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