Borough of Yoe

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

The regular monthly meeting of Yoe Borough Council was held on October 6, 2015 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7PM by President of Council Sam Snyder followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
George Howett
Barry Myers
Ryan Harper
Bill Bankoske
Regan Strausbaugh (arriving at 7:09)

Others in attendance:
Dana Shearer, Maintenance
Sandy Sterner, Secretary-Treasurer (leaving at 7:55PM)
John Sanford, Mayor
Steve Malesker, Engineer
Peter Haldemann, Sitting in for Charles Rausch, Solicitor
Patti Myers, Code Enforcement Officer

Minutes
A motion was made by Councilman Bankoske to accept the minutes of the September 1, 2015 meeting as presented. The motion was seconded by Councilman Harper. All in favor.Councilman Snyder said minutes accepted.

Visitors
Patti Myers said I came to let you know I am working on trees. Its slow growing. I have sent letters, sent them certified. Most people are pretty receptive. Most people are working it. With the bigger trees, everyone has gotten extensions to work on them. I am still fining for grass. The two properties on Main Street, they are up to a $1000.00 fine. I have ask the District Magistrate if they are pleading, or is arrest warrants are out. Councilman Snyder said the one property is in receivership with a bank and they are getting fined. We can’t put the bank on jail. Mrs. Myers said I can’t fine the bank itself, have to have a persons name. So I am fining the President of the Company. Councilman Snyder said in this instance, one thing we are trying to avoid is liening the property, because we know where its going to go, its only going to get discharge anyways. Which is why, we told her to hammer them hard when it comes to citations,because that they can’t discharge. I wasn’t sure how it went when it went through a bank and a receivership. Attorney Haldemann said I’ll look into it. Mrs. Myers said the first time they paid. Councilman Snyder said the whole idea of receivership, to take care of it. Mrs. Myers said they are sort of taking care of properties. I can’t catch the person, who actually owns the property. Councilman Snyder said that is where we come up with we can only lien the property. Mrs. Myers said the property is sometimes in the former owners name. I made a phone call to Fannie Mae, got the person and the realtor service. I had called four times, and haven’t gotten anywhere yet. I spoke with someone today, and I have their numbers. Councilman Snyder said just find out if there is anything we can do. Mrs. Myers said the Pangburn property is still in Mrs. Pangburn’s name. I called the attorney’s office that was posted on the front of the house. They said its not our problem. Councilman Snyder said they never followed through with getting ownership. Councilman Snyder said with 187, that is going through foreclosure, the bank took it over, they should be maintaining it. They maintained it one time. I was there and the guy said they would be coming back every two weeks. Councilman Snyder said there has to be something we can do, even to filing a complaint with the Federal Regulatory Agency or something.

Councilman Myers said lets talk about the Water Street tree. Mr. Shearer said last Monday, Sandy got a phone call from 69 w. Penna. Avenue, there was a tree to the rear of their property on Water Street that they had formerly owned. I am not sure why they don’t own it anymore. ON this parcel, was a large tree that split down the center. Front half leaned towards the roadway, the back half leans toward the creek, to the stream where we repaired the stormwater there. I got ahold of Patti, so she could notify the property owner in writing. Since that time the letter came back, undeliverable, it was sent certified. Connie said she has not gotten taxes on that property yet. One of the young gentleman that lives at 69 W. Pennsylvania, said he thought the property had gone for tax sale. Since I’m afraid we are going to end doing something with the tree, it’s a hazard. I got a price from All Seasons, on the back of the maintenance report. I contacted Met Ed, because of the electric lines, they trimmed back from the roadway and left the brush. To make sure that the electric lines are no longer a hazard. They didn’t take the half down. I was expecting what we got. They did cut it back some. The roadway was barricaded. It still is a hazard. Councilman Myers said the tree is split down the middle. We had the road blocked. We know about it, its definitely an unsafe tree. It’s a property by itself, its next to the stream. Its wasted land. I think we have to spend the money, kids on the street that play. I don’t know how we can justify ourselves and not do it. The letter came back, we have a name. Mr. Shearer said the gentleman owns the Pennsylvania Station strip also. Short section to the rear of Councilman Myers property. I think he bought the parcels at tax sale. These properties are going up for sale, they don’t see them and make a deal. The floodplain is there. They don’t want to own and pay taxes on them then. Councilman Myers said some of neighbors park on the property. Councilman Snyder said the question comes down to the $1100.00 to leave the debris left on the pile or $1400.00 to take the debris away. Mr. Shearer said Met Ed left the debris under the tree. Let us clean the property up, I beg you. Councilman Snyder said while you are looking into banks that don’t own up, when the property goes to free and clear sale, and they adjudicate and release our liens. At this point all we can do is lien the property, that is going to cost more money in order to get discharged. Is there anything we can do where we say we are not releasing the lien and it can’t go before the free and clear, the lien has to be paid back. Attorney Haldemann said I don’t think there is anything you can do. Councilman Snyder said we get notice of the free and clear, and it says if you object to this, what if we do object. Is there a way, why do we keep having this same problem and at the very least tell the judge, give us the land. We can use it save the creek bed or whatever. We are in a catch 22 here, we are going to spend $1400.00 and spend another $500.00 plus to lien a property. Only to hear a year from now that the judge its discharged and the cycle starts all over again because someone buys it for a $100.00. to make a deal on it. They let it go and goes back to the same cycle. Attorney Haldemann said I don’t know if there is anything you can do, but I can check on it. Councilman Snyder said we keep get notices from the court, but I don’t know the next step. Mr. Shearer said we aren’t getting tax money on the parcel, we’re going to continue to have expenses on it. Councilman Snyder said I don’t want to get into an eminent domain. Has to be an option here. Mr. Shearer said we have expense on it, the county and school district have their hands out. Councilman Snyder said if we buy it at the tax sale, and pay the county and school district. We spend money at the dams. It does have something in the future for the stormwater. There was a project talked about down at the outfall structure at the dam. Councilman Myers said if we can find the guy, we can fine him. Mr. Shearer said he owns two parcels in there. Councilman Snyder said before it goes to free and clear, consider buying it. To get title you have to pay the back taxes. We can take our stormwater fund to pay. Councilman Noll said we can take money and pay for this and then go look for the guy, find him and say either you give us the property or we are going to nail you. You owe us $1400.00 for the tree, we trade you the property, not lien you and come after you, we’re done you’re done. Councilman Myers said I like that idea. Councilman Noll made a motion we go with the quote from All Seasons from $1400.00 to completely remove the tree and ask Patti to continue looking for the owner. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.

Mayor Sanford said I had a resident ask about some complaints from a meeting or two ago, the property with the boat in the back yard. I can’t remember where that is at. Boat that is covered. Councilman Harper said there is one behind Broad, near Mason Alley. Mayor Sanford said there is other one near Elm Street, near when Patty’s Mom use to live. Its between Third Street and Philadelphia. Councilman Harper said there is one in the area of Walnut and Mason. Councilman Snyder said we did find something for boats. Councilman Myers said if there is current registration on the trailer what can we do. Patti Myers said I came to let you know I am working on trees. Its slow growing. I have sent letters, sent them certified. Most people are pretty receptive. Most people are working it. With the bigger trees, everyone has gotten extensions to work on them. I am still fining for grass. The two properties on Main Street, they are up to a $1000.00 fine. I have ask the District Magistrate if they are pleading, or is arrest warrants are out. Councilman Snyder said the one property is in receivership with a bank and they are getting fined. We can’t put the bank on jail. Mrs. Myers said I can’t fine the bank itself, have to have a persons name. So I am fining the President of the Company. Councilman Snyder said in this instance, one thing we are trying to avoid is liening the property, because we know where its going to go, its only going to get discharge anyways. Which is why, we told her to hammer them hard when it comes to citations,because that they can’t discharge. I wasn’t sure how it went when it went through a bank and a receivership. Attorney Haldemann said I’ll look into it. Mrs. Myers said the first time they paid. Councilman Snyder said the whole idea of receivership, to take care of it. Mrs. Myers said they are sort of taking care of properties. I can’t catch the person, who actually owns the property. Councilman Snyder said that is where we come up with we can only lien the property. Mrs. Myers said the property is sometimes in the former owners name. I made a phone call to Fannie Mae, got the person and the realtor service. I had called four times, and haven’t gotten anywhere yet. I spoke with someone today, and I have their numbers. Councilman Snyder said just find out if there is anything we can do. Mrs. Myers said the Pangburn property is still in Mrs. Pangburn’s name. I called the attorney’s office that was posted on the front of the house. They said its not our problem. Councilman Snyder said they never followed through with getting ownership. Councilman Snyder said with 187, that is going through foreclosure, the bank took it over, they should be maintaining it. They maintained it one time. I was there and the guy said they would be coming back every two weeks. Councilman Snyder said there has to be something we can do, even to filing a complaint with the Federal Regulatory Agency or something.
Councilman Myers said lets talk about the Water Street tree. Mr. Shearer said last Monday, Sandy got a phone call from 69 w. Penna. Avenue, there was a tree to the rear of their property on Water Street that they had formerly owned. I am not sure why they don’t own it anymore. ON this parcel, was a large tree that split down the center. Front half leaned towards the roadway, the back half leans toward the creek, to the stream where we repaired the stormwater there. I got ahold of Patti, so she could notify the property owner in writing. Since that time the letter came back, undeliverable, it was sent certified. Connie said she has not gotten taxes on that property yet. One of the young gentleman that lives at 69 W. Pennsylvania, said he thought the property had gone for tax sale. Since I’m afraid we are going to end doing something with the tree, it’s a hazard. I got a price from All Seasons, on the back of the maintenance report. I contacted Met Ed, because of the electric lines, they trimmed back from the roadway and left the brush. To make sure that the electric lines are no longer a hazard. They didn’t take the half down. I was expecting what we got. They did cut it back some. The roadway was barricaded. It still is a hazard. Councilman Myers said the tree is split down the middle. We had the road blocked. We know about it, its definitely an unsafe tree. It’s a property by itself, its next to the stream. Its wasted land. I think we have to spend the money, kids on the street that play. I don’t know how we can justify ourselves and not do it. The letter came back, we have a name. Mr. Shearer said the gentleman owns the Pennsylvania Station strip also. Short section to the rear of Councilman Myers property. I think he bought the parcels at tax sale. These properties are going up for sale, they don’t see them and make a deal. The floodplain is there. They don’t want to own and pay taxes on them then. Councilman Myers said some of neighbors park on the property. Councilman Snyder said the question comes down to the $1100.00 to leave the debris left on the pile or $1400.00 to take the debris away. Mr. Shearer said Met Ed left the debris under the tree. Let us clean the property up, I beg you. Councilman Snyder said while you are looking into banks that don’t own up, when the property goes to free and clear sale, and they adjudicate and release our liens. At this point all we can do is lien the property, that is going to cost more money in order to get discharged. Is there anything we can do where we say we are not releasing the lien and it can’t go before the free and clear, the lien has to be paid back. Attorney Haldemann said I don’t think there is anything you can do. Councilman Snyder said we get notice of the free and clear, and it says if you object to this, what if we do object. Is there a way, why do we keep having this same problem and at the very least tell the judge, give us the land. We can use it save the creek bed or whatever. We are in a catch 22 here, we are going to spend $1400.00 and spend another $500.00 plus to lien a property. Only to hear a year from now that the judge its discharged and the cycle starts all over again because someone buys it for a $100.00. to make a deal on it. They let it go and goes back to the same cycle. Attorney Haldemann said I don’t know if there is anything you can do, but I can check on it. Councilman Snyder said we keep get notices from the court, but I don’t know the next step. Mr. Shearer said we aren’t getting tax money on the parcel, we’re going to continue to have expenses on it. Councilman Snyder said I don’t want to get into an eminent domain. Has to be an option here. Mr. Shearer said we have expense on it, the county and school district have their hands out. Councilman Snyder said if we buy it at the tax sale, and pay the county and school district. We spend money at the dams. It does have something in the future for the stormwater. There was a project talked about down at the outfall structure at the dam. Councilman Myers said if we can find the guy, we can fine him. Mr. Shearer said he owns two parcels in there. Councilman Snyder said before it goes to free and clear, consider buying it. To get title you have to pay the back taxes. We can take our stormwater fund to pay. Councilman Noll said we can take money and pay for this and then go look for the guy, find him and say either you give us the property or we are going to nail you. You owe us $1400.00 for the tree, we trade you the property, not lien you and come after you, we’re done you’re done. Councilman Myers said I like that idea. Councilman Noll made a motion we go with the quote from All Seasons from $1400.00 to completely remove the tree and ask Patti to continue looking for the owner. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.
Mayor Sanford said I had a resident ask about some complaints from a meeting or two ago, the property with the boat in the back yard. I can’t remember where that is at. Boat that is covered. Councilman Harper said there is one behind Broad, near Mason Alley. Mayor Sanford said there is other one near Elm Street, near when Patty’s Mom use to live. Its between Third Street and Philadelphia. Councilman Harper said there is one in the area of Walnut and Mason. Councilman Snyder said we did find something for boats. Councilman Myers said if there is current registration on the trailer what can we do.

Solicitor’s Report
Attorney Haldemann said we have a draft of the flood ordinance. Its really technical, it looked okay to adopt. I marked some typos, other than that it looks fine. If you want to make a motion to advertise for the next meeting. No major red flags. Councilman Noll made a motion to advertise the flood ordinance 2015-04 for adoption at the November meeting which is the second Tuesday, November 10, 2015. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said there was discussion on our garbage, after last month. Charlie gave a response. I had contact from Ed Ward from Penn Waste, to find out what the council had decided about the large recycling bin. Mr. Ward could forward what he wanted to submit. What was here that night, changed a little bit to what he was proposing to have Charlie look over. One was that the bins would be proprietary to Penn Waste. Penn Waste’s name was on it. The other issue he said, here’s a copy of the language to modify the contract. Any subsequent contractor, would have to submit their own equipment. So then someone would have to go and get Penn Waste’s equipment. Charlie would not recommend this council to do any kind of modification to the contract, that is what you get sued over. Councilman Noll said that is what York Township got sued over. Charlie’s recommendation was don’t mess with the contract. A motion was made by Councilman Noll that council reject the offer of Penn Waste on the recycling bins and keep the contract the same as signed. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Engineer’s Report
Mr. Malesker said the check list for zoning and building permit check list, I have extra print out. It’s a starting point to look over. We started big, because you wanted a lot to go with it. We can trim it off. The directions you wanted a lot of instructions on here. Councilman Snyder said we need to idiot proof it, anyone that is our zoning officer can use it. The secretary said can give it out and say this is what we need. Councilman Noll said I would recommend Sam and I go over it and then sit down with C. S. Davidson to go over it, to get a final. If want to look over it and find anything. Mr. Malesker asked if the secretary could forward email to everyone. I sent it to the borough, Dana, Sam and Seth. A hard copy ws given to Counciman Howett.

Mr. Malesker said you asked to get in touch with Jake to remind him about the inspection. Councilman Myers said I tried to text him on Friday, he was stuck in South Carolina in the storm. Councilman Myers said I texted him that tonight was the meeting, any report on Locust Street, I don’t want to get in trouble with the Army Corps. He got back to me and said the report has to be submitted by 12/31/15, I should have it completed by the end of the week, Army Corps is cool , they know is coming. I will submit to Sandy as well. By the end of next week if you don’t see anything let me know.

Mr. Malesker said I asked him too about the other project. I don’t know if he had everything for the permit. He said it was going to be submitted last month. Mr. Malesker said I’m not sure. When we get the permit we have to get quotes. Mr. Shearer said I will call him about dredging the dams.

Secretary’s Report
The notice of estimated allocation of liquid fuels in 2016 is $25878.06.

Trick or Treat night is October 31, 2015 is 6 to 8PM. The information is on the website and given to the newspapers.

The Cougars have been asked to removed the portable toilet at the ball field before October 31, 2015. Mr. Shearer said the portable toilet has been removed.

The budget workshop is October 21, 2015 at 9AM. A work sheet with figures on it has been distributed. Councilman Snyder said I was thinking that refuse has gone up $6500.00 a year, police has gone up $8000.00 roughly $13,000.00. With a new garbage contract, it would be easy to raise the garbage fee, I was thinking $5.00 a quarter garbage fee. Find out how many units, that Jan Kreidler bills. I think its 454. Cover the garbage increase. Councilman Noll suggested $7.50 a quarter. The last time we raised the fees was at the last garbage contract. So have that figure at the budget workshop. The secretary said I have the big things listed on the work sheet.

Maintenance Report
Mr.Shearer said reminder that with leaf season, its posted on the website that we aren’t collecting. We had a notice sitting out when Connie sat for taxes. A couple notices I will hand delivered. We sent it to the paper. Remind your neighbors, no leaf collection.

Mr. Shearer said there was an email, for a MET ED LED seminar. Anyone that wants to go along to the workshop. They are bringing in people, to help us,municipalities to get into the program to convert to LED street lights. Councilman Myers said the cost is the key. Mr. Shearer said the conversions are suppose to be, not a lot of expense back on us. We got information before, to participate, I’ve sent back responses of interest but never heard back. Whether we apply for a grant, we could take advantage of that and reduce our electric costs.

Zoning Officer’s Report
Councilman Snyder said we already had that.

EMA Report
Mayor Sanford said I am working with Rodney Smith and get him up to scope on what he needs to do.

Mayor Sanford said the operations/planning training I started, I took Mode 1, that was the computerized system developed by PEMA to write operations plan and action plan. That has been put on hold, because the state has no budget.

Mayor Sanford said the NIMS report was completed and filed, a copy is in the borough files.

Mayor Sanford said I will place this in the circulate file, Emergency Management is not a part time job.

Councilman Myers said I attended a York Township Commissioners meeting, they have done agreements with Dallastown and Jacobus, do we have any agreement? Mayor Sanford said no. Councilman Myers asked is that something we need? Councilman Snyder said NIMS you need. Councilman Myers said it might be helpful. They are doing the agreements for a reason. York Township has a great EMA system. Mayor Sanford said the agreement isn’t going to prevent us to help. Councilman Snyder said they signed off on the emergency action plan.

Mayor’s Report
Mayor Sanford said you have my written report.

Mayor Sanford said his email is MayorSanford@comcast.net.

Executive Session at 8:07PM

Reconvening of the Regular Borough Council Meeting at 8:16PM
Councilman Snyder said we entered into executive session for personnel issues. No action is required at this time.

Unfinished Business
Councilman Snyder said we have animal control contract to consider. The change of price is from $42.00 to $44.00 with Klugh Animal Control. In the meantime, unsolicited we received another contract from Allegiant Animal Care. When you look over the two contracts, they are charging at $48.00 hour. When you read through contract, Allegiant does more. They are willing to take complaints, injured, animals at large. The stray dog to be picked up at private residences. So there are some changes in here, I leave this on table, if you have a chance take a look. They started providing animal control services, Windsor Borough and Township, York Township and Dallastown. They have three full time employees. So personally I like what Allegiant. Allegiant was holding us harmless. Councilman Noll said I’ll take a copy with me. Mayor Sanford said if they receive complaints how does the time start and stop.

Councilman Snyder said I notified Seth I won’t be at next month’s meeting.

Councilman Myers said the rail trail coming down to the borough, York Township has pulled out. Red Lion went to TIP and they have reduced the number of the money doesn’t include York Township. I don’t know if that means it only goes to Locust Street. York Township has pulled out the program. Councilman Myers said at Prospect Street, PENN DOT wanted someone to take ownership of the area for the rail trail, the rail road bed. And they would have given to them, no one would take it. Spring Garden nor Springettsbury was interested. York Township is working on the trolley tracks going out. They have applied for money. There is a committee in York considering coming into to Dallastown and York Township. Discussion continued.

New Business
There was no new business.

Payment of Bills
Councilman Snyder said additional bills: VISA:$369.99, VISA:$254.19, Seth Noll(picnic)$71.36 and All Seasons:$1400.00. A motion was made by Councilman Harper to pay the bills as listed along with the additional bills. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said bills are paid.

Adjournment
A motion was made by Councilman Bankoske to adjourn the meeting at 8:30PM. The motion was seconded by Councilman Harper. All in favor.

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