The regular monthly meeting of Yoe Borough Council was held on June 2, 2015 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7PM by Council President Sam Snyder followed by the Pledge of Allegiance.
Council members in attendance:
Others in attendance:
Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance Supervisor
Steve Malesker, Engineer
Peter Haldeman, Sitting in for Solicitor Rausch
John Sanford, Mayor(arriving at 7:05PM)
Jim Tyson, Resident
Lester Mummert, Builder
Councilman Snyder asked for any additions or corrections to the minutes of May 5, 2015? Councilman Snyder said there was a correction on page two, first paragraph, line 7. The line read Attorney Halderman prior to following it to the law library. Correction: Attorney Haldeman prior to forwarding to the law library. It is noted change in spelling of Attorney Haldeman from Halderman. A motion was made by Councilman Bankoske to accept the meeting minutes of May 5, 2015 with the noted corrections. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said minutes approved.
Councilman Snyder said there are no visitors on the agenda, but anyone who would like to speak?
Mr. Tyson said I have a dilemma that I am face with, to enlighten me to guide me. Second time I’ve had vandalism on my property. First time was the fence row. This time it is the siding on my shed that is less than a year old and my father in law’s rear topper of his truck. Not accused because I did not see them doing it, but the perspective perpertraitors, we have had problems with the apartments between Third and Fourth on Elm Street. I tried contacting the owners, all I get is call the police, call the police. I’m not the only one that has trouble. Its getting to the point, enlighten me to what I can do and what the borough can assist me with. I was here in 2013, pertaining to an alley, which on the records shows as Cherry Alley as known as Fern Alley as being opened public street even though it hasn’t been approved, on the borough map shows as going all the way through. I would love to see someone try to come through. I’m not saying open it, open it. But if one of those dwellings up there catches on fire, there is no access. And I’m referring back, which was graciously pulled out the records, Resolution 3 of 84. It states that it was suppose to be opened and the obstructions removed. Its is now 2015. It was not followed through with. There is also property that was sprayed with grass weed killer on the wrong side of the property. I am coming before the council, what can be done. The property owner, my person opinion, as long as they get their money they don’t care. The other night there was fireworks, also fireworks in other places in the borough. I’m asking the borough council, what can be done? All these ordinances on glossy paper, seems like they aren’t being enforced. Councilman Snyder said you brought up three separate issues. The issue with the fireworks, was turned over to the police, that was addressed last month with the mayor. Perpretraitors were found and citations were issued. Mayor Sanford said since that point, we have ongoing problem with the apartments behind. Councilman Snyder said that is ongoing investigation, at least one person was arrested already. So, we are taking a hard stamp on that. The first issue you brought up with the vandalism. A municipality can’t do too much, on someone’s individual property except to say, you have police call report it. We note where vandalism is taking place. Then the mayor can say we have had ten incidents in one area, we can ask for extra patrol time. As an individual property owner, you can put up cameras to monitor, try to take pictures with the cameras. I have some up in my woods. You can set them up in obscure places, pictures to help with investigation with the police. It’s a police matter because it’s a criminal matter. They are the jurisdiction that you want to address that to, other than the borough council, we know about it, we can also address the police to say we have a vandalism issue and we’d like you to slow down and maybe do some foot patrols while you are out. The issue with the alley, isn’t as easily stated as what you think. After you came after 2013, and brought to council’s attention, I went the extra step and I pulled out records and this was addressed by council numerous times and I had it waiting here for whenever you would show back up and bring it back up. What was found then was in 1971, August 3rd meeting, Mr. Harmon asked that the alley abutting his property between Third and Fourth Street be opened. Gross (member of council at the time) answered if its legal to even open it. But it wasn’t adopted by the borough. The expense would fall back to Mr. Harmon to open it. At that time the property owner in 1971, was informed that it wasn’t opened street it was a laid out street but never opened by the municipality, therefore it’s a paper street. We just went through an issue similar to this, where a paper street was adopted by the municipality because that goes up to the park and we had utilities up there and we wanted to do it properly. Attorney Haldeman said it was never opened. Councilman Snyder said it never was officially opened. There is a way, originally what we were told, any time an alley or road that was proposed and never opened after 21 years under borough code, can not thereafter be opened. You couldn’t open an alley after it had been previously laid out. So that’s where the problem came, there was a resolution 3, 1984 that says they reviewed the applicable law and concluded that Cherry Alley also known as Fern Alley is an opened public street. At this point, because it was never officially opened, it is not opened alley. We don’t have it on the books as being an official opened alley. The law, we don’t get into advising people of legal rights, you may want to check with a lawyer. The problem is even though its not opened for public use, private rights may or may have not been applied, because of a private entity, someone may have used it. And therefore there may be private rights, that exist on there. When you are saying about closing it off, for the owners. Mr. Tyson said I’m not looking at closing it off. Because it would be hardship on my one neighbor, would be an inconvenience on my family. What I’m asking is the property owners to the rear of my property seems to think that we own all of it into the point of, plowing snow up against my property. Councilman Snyder said that is when we say, its not an official opened alley of the borough, we can’t go in there and say this is an opened alley. There’s actually a process to go through to even open it. One of the process is, we have to get a petition of 51% of the abutting property owners to even open it. That issue is a little different, because the properties were in foreclosure and we were the only property owner. So without even a petition of 51% of the abutting property owners, we couldn’t even entertain a motion to open it. So what you are stating is what I’ve been saying, it’s a private issue, there is no doubt in my mind that private rights exist. But again a lawyer has to explain that. I see the private rights exist, to what extent someone has the private rights, that’s for a lawyer to tell you. To say hey they can’t do that and your legal recourse is this. Because there is civil litigation to take to stop them from doing it. Mr. Tyson said I’m not looking at closing, that would be the hardship to the tenants there, everyone has to live somewhere. So what you’re stating is that in essence, it should not be on the borough map, listed as Cherry Alley or Fern Alley, from what I’m comprehending what you stated? Councilman Snyder said you can have proposed and laid out streets on a map, that doesn’t make them open. What opens an alley, under the borough code, is having a hearing, passing an ordinance, recording it in the road map office. We don’t have an ordinance. That is what all the records go back to, it was proposed, it was laid out. Just like another 25% of the roads here in town, because it was laid out in 1897, they only opened as they need them, lord knows what they did back then. But they ended up laying them out and proposing them but never adopted them. The actually physical opening according to the borough code comes with adoption. At this point since its been over a 21 year period, we don’t have that legal authority to go in and do it. Now you have to start back at square one, petitions, with 51% of the adjoining property owners. But that’s not saying private rights don’t exist. I can give you this information. I urge you to consult with an attorney if it becomes an issue. You can get an injunction against them and other legal recourses. I already certified that this are actual borough copies. Mr. Tyson said let me bring up one more issue on the property because my wife had seen it and another person that is a borough officer had remembered it, I was told there was suppose to be a guard rail put up, because of vehicles coming off the alley, parking area. Ten, eleven years ago there was a car came down off the black top almost went into the back of the apartments. I’m just asking. I don’t know how long that its been owned by the current owner. There was another firm out of Maryland had owned it. Councilman Myers said Harmon was the original guy that owned it. Councilman Snyder said the only thing, if you are saying it went back eight years or so, Harmon is listed in 1971. I wasn’t looking for anything on guardrail. The only thing I vaguely remember, I do have memory issues at times. But I only can remember as much as, someone wanted to change the location of a dumpster. I think were restrictions, if you wanted to change the dumpster, what those restrictions were, who it was, when it was, I don’t honestly remember. Something to do, with a dumpster. Mr. Tyson said I was here on the dumpster, because they wanted to put it up towards the alley. And I was told that, nothing came before zoning, because it was a zoning issue. Because I even brought copies of the deed along. I didn’t want a garbage truck going up and down, it was a health issue. I was told nothing came in front of council or zoning. I had to worry about being ten foot off the property line and in a closed area. That was last fall if I remembered correctly. Councilman Snyder said the only issue with the garbage, they put up a fence and it was too high and they had to tear it down to conform to zoning. Which makes sense as a zoning issue. We definitely wouldn’t had said put a fence all around it. Mr. Tyson said they were looking at a front loader.Mr. Shearer said the fenced in area is out along Elm Street, when they were here about the dumpster, we were getting to put the contract out, they were talking about switching over to the dumpsters. They never did it. Mr. Tyson said they had a dumpster at one time, the concrete slab on Third. Mr. Shearer said they wanted to switch from the area they have now, to a dumpster. Councilman Snyder said they never changed it. Honestly since they are doing anything under a permit, nothing to put a guard rail, maybe under our new zoning. If they want to open a building permit to do some work, we can ask them to come into compliance to safeguard the parking area. Mr. Tyson said there isn’t room for parking for all the residents. Councilman Snyder said with our new zoning, now something like that wouldn’t even get approved. Mr. Tyson said along Third Street there is ample parking. With rental properties, for a two bedroom, what does the code say for occupancy per unit? Mr. Shearer said it depends on square feet. I just inspected them last month, I had no issues. Councilman Snyder said it goes by square footage, our zoning has the same thing for habitable area. Mr. Tyson asked four people? Mr. Shearer said it all depends on the amount of square footage. I can’t tell you what it is, you would have to measure it. Councilman Myers said then you have to prove if they are living there or not. Mr. Tyson thanked council for their time.
Lester Mummert said I bought a property at 18 E. High Street. Before I bought the property, I asked Sandy for contacts. I contacted James Holley, Mark Clark and he told me there is a lateral into my lot. He told me it was a 32 arm, ten foot deep. Now the other week, after I got the foundation in, I called Mark Clark and told him, come out I want to find this lateral. He came out, I have some bad news, there is no lateral. I have a lot with no sewer. I have a bill from Fitz and Smith to get the lateral of $9750.00. What can be done to help me out? I called Mark Clark today. Councilman Snyder said it’s a sewer authority. Mr. Malesker said they are sewer authority engineer. The secretary said the sewer authority meets June 11 at 7PM. Mr. Mummert asked should I bring it up to them? Councilman Snyder said and let them know what you just told us, that you made contact previously. Mr. Mummert said it was a 32 foot arm. Mayor Sanford asked did you see it on the map. Mr. Mummert said I didn’t see it on the map, he brought out everything the other week and its not there. Councilman Myers said I can see it not being there, why would anyone pay to have that in there. It wasn’t up to the sewer authority to run the laterals unto the property. Councilman Howett said that lot was kept empty for Grace Smith to be able to see downtown from her home. Councilman Snyder said the authority are the ones to help you out, it is a sewer issue. Mr. Malesker said typically there is a tapping fee to hook up to the sewer. Councilman Myers said did you have sewer tapping fees at other builds? Mr. Mummert said sometimes you have them sometimes you don’t. Mr. Malesker said maybe they can give you a break on the tapping fee, waive it. Since you were told someone, the authority engineer. Councilman Snyder said application for construction for the new sewage is $2500.00. The secretary can give Mr. Mummert a phone number for Karen Morton if needed. Discussion continued.
Attorney Haldeman said Steve sent Charlie and I a map showing the utilities, now we can record the certified copy of the ordinance, signed and sealed. So I can take it to the recorder, to the road map office, to get it recorded. Councilman Myers asked for a copy of that. Councilman Snyder asked for two copies. That will get us on the road list.
Attorney Haldeman said I looked through what Nicole did in 2012 on the garbage contract. It looks like its pretty much the same. I wanted to give this to you to look over. We will advertise in mid July, no earlier than forty five days before the September meeting.
Councilman Snyder asked if we know people to give a heads up that this is coming up for the garbage contract. Mr. Malesker said don’t give them any of the documents or contract. Attorney Haldeman said as long as you play by the rules.
Mr. Malesker said last month we talked about the borough line survey that is going to be done next year and asked for a cost estimate. This will be from where it was left at Strobecks up to the park and all the way back the cemetary where we put the notch in the curb. York Township didn’t want to approve it, until all corners were located. The cost for updating the borough, day of surveying, second day would be set the corners and all the offsets, the cost would be $4400.00. York Township would pay $2200.00 and Yoe Borough would pay $2200.00. We should do that before the leaves come out in April. Councilman Snyder asked that Mr. Malesker contact Seth Noll with the pdf, just let him know what he missed, let him get with him. And that you want it done by April. We want to keep the line of communication open with York Township. Councilman Snyder said that the resolution can be drafted by the township solicitor for correct verbage.
Mr. Malesker said we talked about the issues on the zoning, and how Code Administrators is using the zoning . I talked to Derek about that, you need a really good check list. That has all the items should be done. In the ordinance, it states all the items on the application . We go through your existing zoning ordinance, things that don’t fall in the SALDO. The single dwelling units, new or demolition of an existing. Councilman Snyder said we know there are some other small items in the new zoning ordinance, minor stuff to tweak, since the zoning items are complicated. Now with Derek getting a clear understanding of what we need, having a more detailed check list, to make sure issues like this don’t happen. We will have a check list. We will have to work on the enforcement aspect of it. We are covered under the zoning ordinance to have the check list. There was a meeting with a committee/council to review, make changes and show again, then see how it works. Mr. Malesker said we have a cost not to exceed $1450.00. That would give you what you need. A motion to accept the proposal was made by Councilman Harper. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Councilman Snyder said if it is okay with council, there is a consensus of council that Councilman Snyder and Councilman Noll serve on the committee. The secretary said you can’t get a permit, before the money owed the borough is paid, sewer/municipal services bill and taxes. A street cut permit would be needed also. Also bills for storm water management from the engineer needs to be included and paid. Sidewalk requirements. Mr. Malesker said it mentions single family homes, sidewalks would be generated as part. You may not make them put sidewalks area, if adjacent properties don’t have sidewalks.
Mr. Malesker said I am to remind you about the Revs game, we have the sky box. We have client appreciation picnic, in the big picnic area.
Mr. Shearer said at the intersection of Water and Mason, the main interceptor line of the storm sewer there, we were notified that there was a sink hole on private property. I went out to look, I noticed a few days prior that the center of road had changes. The pipe has deteriorated at the bottom away. We had the same thing as on Broad Street. Scouring away at the sides.Mr. Malesker said there is a constant flow of water. Mr. Shearer said it is the same problem further down the line. It is item 1 on the master plan. Talked to Steve and the utilities. The sewer is in the area, that is the main interceptor, York Townships. There is a lateral from 61 W. Pennsylvania, their sewer lateral crosses under that pipe. There is no water line in the area, no gas in that area. Mr. Malesker had the plan from the CDBG project 2012. This is when there was rerouting going under the properties. We are talking about, this would have to be a caste and place box, because you have the 36 coming in this way and 12 coming in this way. A custom box. Putting an inlet here and then tying 36 by 36 12 wide. This top would be gone so it would be solid pipe. Your box would be here. Mr. Shearer said it would end up being a shallow box, catch that twelve inch line from these inlets, pipe it in. Discussion continued. Mr. Malesker said Fitz and Smith is under contract until June 13th. I talked to municipal services. You could use stormwater or liquid fuels. Municipal services starts before the contract ends and finishes in a reasonable time, they can go beyond the contract expiration as long as they use the same grades they proposed. I talked to Tim today, that isn’t going to be a problem. He said tomorrow, he could get something started. It would be under the contract. Councilman Snyder said that is the way we want to do this. We have to go liquid fuels. Once we get an idea of what the cost is going to be. Next month we can decide how we want to disburse from what accounts.
Mr. Shearer said Neil Shaffer mentioned to PENN DOT, erosion around the outfall pipe at the inlets at the corner. Pipe over on the other side of the road, the bottom is gone, going to eat out of the side. Have to do something temporarily to address that. I don’t know because that is right at the edge of George Street. We could put some stone there to fix erosion for now. That is another item that was further down the list.
Councilman Snyder said we also have the project at the dams we want to do, the stormwater was to be used. We don’t know what the price is. Let’s say it’s the road fund for now. We can readdress it next month, we know the dam costs, street sweeping, we could put some from stormwater and some from liquid fuels. Any other storm water work that needs done. We’ve been sitting on the master plan for storm water for five years, it is what I brought up at the last CDBG funding round. It is getting worse. My thought was use CDBG for infrastructure repairs, that we start thinking of how we can start doing this in phases. We start doing work in cycles. We have a continuing project. We need to get this kind of work into CDBG.
Councilman Myers said the biggest problem is replacing the update water services on Broad Street when we do the paving. If the service is galvanized the property owner will need to pay for the upgraded new service. It is okay if its copper. Mr. Malesker said the authority pays to the curb stop, the property owner pays from the curb stop to the house . It is about $1500.00 for a plumber to do that. They try to connect the pipe to existing and pull it through. Mr. Malesker said there is assistance program through the county. Councilman Myers said we should get a rough price to black top Broad Street. Councilman Snyder said we needed to get back to Water Authority/Connie to get back to her, so they can do the work and then we would pave it. Mr. Malesker said base repairs perhaps could be done. You would want to do a 944. Advertise and bid it once. You could wait a year. Councilman Myers said we could do base repair this year and pave September of next year. Counciman Snyder said we need to tell water authority to do the work and do our part of the work within the next two years.
A motion was made by Councilman Howett to authorize Fitz and Smith to do work under the current contract time frame to effectuate repairs on the sinkhole on Water and Mason. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried. Mr. Malesker will get a cost estimate. This week they hopefully do some scoping and see what size of box we can get.
Councilman Snyder said at this point, a consensus of council is to use liquid fuels money. WE can relook at it next month. Mr. Malesker said you agree to continue all the way to outfall. Councilman Snyder said yes. We can supplement with MS 4 money.
There was a consensus of council that we want to effectuate repairs on Broad Street within the next two years so Steve can take that info to next week’s water authority meeting.
Mr. Shearer said we are planning once the materials bid contract expires to use the state pricing with Co Stars for aggregate and base.
Mr. Shearer said I will get an estimate to armor that outfall near Shaffer’s.
Mr. Shearer said as far as the sink hole near Travis Searle’s residence. Its within eighteen inches of the sanitary sewer, the main interceptor of York Township. Mr. Miller said I have no reason to believe there is a problem with my system but I will eventually camera and tell you. Penn Dot came out on Monday morning, I had the police to get ahold of them. They showed up Monday about the sink hole. Holley and Associates came down and identified it near the interceptor. The township supplied the stone and filled it up. Penn Dot is not taking responsibility for this hole. Concerns about the holes developing along the sewer line and also the storm water in the area. Councilman Snyder said we need to start work by using CDBG in the future.
Mr. Shearer said All Seasons will start sweeping on Thursday and Friday.
Executive Session at 8:46PM
A motion was made by Councilman Myers to go into executive session at 8:46PM to discuss personnel issues. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said into executive session.
Reconvening of the Regular Council Meeting at 9:47PM
Councilman Snyder said we are reconvening our regular meeting. Let the record reflect there is no direction of council based on the executive session at this time.
Zoning Officer’s Report
Councilman Snyder said the zoning officer’s report is there for your review.
Councilman Myers said he wanted to follow up on some things. The code enforcement officer went after three vehicles to be removed, one at the store, one in the backyard on Pennsylvania Avenue, one below Broad Street. She is working on the boat. She was going to discuss it with the district justice. She has been placing notices on people’s doors. The permit will be issued for the driveway on Elm Street. The secretary said the sewer/municipal fees and the taxes have been paid. Mr. Strenger will work on the permit when he returns from vacation.
Mayor Sanford said garbage out early on Sundays is a problem. One was out before lunch time. Councilman Myers said she has been posting doors on this matter. Mayor Sanford said the one up the hill close to the alley, there is a separation, the utilities turned off, right beside Travis, 69 Main Street. That looks bad.
Councilman Myers said the Pangburn property changed hands. The bank has that now.
Mayor Sanford said the one beside Sam with the spouting down. Councilman Snyder said I got the first snake. I contacted Mrs. Myers, that its time. She told me then she already sent them notice. I told her the bank has it now.
The secretary said the Ali property is going up for sheriff’s sale. Notice was also sent to the water authority.
Councilman Snyder said we got the use and occupancy permit for 230 S. Main Street. The zoning part was not signed off on. It was listed as Cash Now, instead of the new occupant, who paid for the outstanding fees. Cash Now didn’t have to disclose the outstanding fees. We had to wait for Codes to get the total and the new owner had to pay those fees. The permit was not signed off by zoning. We checked with York Township and they were not interested. There was a consensus of council for Mayor Sanford to contact Dallastown for zoning. Derek from C. S. Davidson said we have a zoning enforcement problem.
Emergency Management Report
Mayor Sanford attended a training session on the dam action plan, the electronic form. I signed up went through the first segment. We are in the system. More training in the near future. It was set up to make our EOP user friendly. Second part to make the dam plan user friendly.
Mayor Sanford passed out his report.
Mayor Sanford said I followed up on fireworks complaints, additional complaints from the apartments behind my home. I had conversation with regional, to put into role call had to handle future information on fireworks.
Mayor Sanford said there was a traffic detail on a Saturday on Main Street.
Councilman Harper reported that truck traffic has increased again on Broad Street. Seems to be bad in the morning.
Councilman Snyder said a reminder that the York County Borough’s Association is having their picnic in the park in June of 2015. Anybody interested in going to attend contact Sandy to make the appropriate payments.
There was no unfinished business.
Mayor Sanford said she will contact Ms. Schmidt on the park contract situation. Councilman Snyder said Ms. Johnson hasn’t sent out the July, August and September contracts due to her illness. Ms. Johnson said this lady only contacted her one time, she deleted accidentally the message and did not have contact info. Mayor Sanford said his concern was the bad PR. Councilman Snyder said she got the May and June contracts out. The secretary reported there still isn’t a listing of 2015 park rentals. Councilman Snyder said she told me that she was going to do that Monday. Mayor Sanford said I will follow up.
Payment of Bills
Councilman Snyder said there is an additional bill from Verizon Wireless of $55.86. A motion was made by Councilman Howett to pay the bills as listed along with the additional bill. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said bills are paid.
Mayor Sanford said there were two promotions in the police department David Clegg and Chris Boyce are now corporals.
Mayor Sanford reported said the annual report was completed in April. I will find out when Chief Gross will be at one of our meetings.
Mayor Sanford said there has been conversation back and forth about changing structure within the police commission. There has been talk about the Member At Large seat, selling that spot to be a contract, changing the Member at Large to a commission seat. I will try attend a future meeting. I don’t know how that will be for representation. Discussion continued about the state police.
A motion was made by Councilman Harper to adjourn the meeting at 10:19PM. The motion would be seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.