borough of yoe

150 North Maple Street, Yoe, PA 17313  •  (717) 244-5904

Minutes for April 1, 2014

The regular monthly meeting of Yoe Borough Council was held on April 1, 2014 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA 17313. The meeting was called to order at 7PM by Council President Sam Snyder followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
Barry Myers
Tom Allar
Regan Strausbaugh
Bill Bankoske

Others in attendance:
Dana Shearer, Maintenance
Sandy Sterner, Secretary-Treasurer
Seth Springer, sitting in for Solicitor Rausch
Steve Malesker, Engineer
Jay Myers, Business Owner

A motion to accept the meeting minutes of March 4, 2014 as presented by Councilman Snyder. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Visitors listed on the agenda Dave Hunter and Keith Keiber were not present at this time.

Solicitor’s Report
Councilman Snyder said I can start off then. Just to give update for Seth and the rest of council on the zoning issue. The committee held its meeting the other week. It was well attended by borough residents. The only issue really that council needs to be aware of. Notifications didn’t go out the best. Got a lot of complaints, where some people got multiples, some people didn’t get any. Putting them in mailboxes. I think if we use them next time, have to go to a door hanger type thing. That way there shouldn’t be any excuse that they know it’s a door hanger. Councilman Allar said there really wasn’t enough time because the meeting was the following week. And also the first time through, a little more instruction. Councilman Snyder said I think we just make sure it’s a door hanger. Councilman Allar said it may cost a little more money, but yeah you’re right. Councilman Snyder said it was well received, we took in comments from everybody, made notes, at that point. The majority of the comments were more related for code enforcement issues that I guess people weren’t aware of as far as on what the zoning is. Councilman Noll said we had to take a couple minutes and explain the difference between zoning and code enforcement. Because people don’t realize its land based and not complaint facts. Councilman Snyder said the next step was going to YCPC. It went to YCPC the following week, they sent back roughly three/four pages of comments. At this time the committee is going to review all the comments from YCPC, all the comments that we received from the residents. At our next meeting, which we are holding on May 8th, in that timeframe I have directed Seth Noll to get in contact with Dallastown Borough as well as Seth Springer our attorney. To make sure that Dallastown is still open and receptive to the idea of the joint zoning. And if she has to go back and talk to council or something and get a formal vote that we can start proceeding with that because if not, then we have to go back and redo a lot more. Councilman Noll said I talked to several people at our municipal manager’s meeting, because we did a joint comp plan that we all signed onto, that is all we need. You do not need a MOU. They’ve done it in several other municipalities, Dover Borough and Dover Township is one example of it. And there were others, Windsor Borough and Windsor Township had done the same thing. And I was told, that because Lindsey was involved with it, if we have any questions to go to Lindsey. We signed a joint comp plan that all of participated in, that we sign. That’s it. It implies that we are doing exactly what we are doing, we don’t have to go any further with Dallastown. Councilman Allar said this is not new, we spent a lot of time discussing it at the meetings. All three are familiar doing it that way. There is really no objection. Councilman Snyder said it’s not that I had a feeling that there was to an objection. According to our consultant, he felt that a MOU had to be entered into. He even felt that possibly another ordinance to enter into the MOU had to be drafted. Councilman Noll said if we hadn’t done the joint comp plan, that would definitely would be true. Because we did the joint comp plan it basically is the one or the other. Attorney Springer asked this was Attorney Schmel? The secretary said he isn’t an attorney. Councilman Noll said he is a certified urban planner. Councilman Snyder said if you want to verify that with Charlie Rausch because we have this month. We have to make sure we are doing this right. Because that is why we wanted to take this month to get our ducks in a row. So that next month when we meet and go over these changes or recommendations and everything else, we know where we stand and where we have to go from this point. Councilman Noll said if you want to double check with Lindsey Gerner from YCPCP is the most knowledgeable about all these types things. She was involved in the tri boro comp plan. Councilman Snyder said our contact at YCPC is Terry Ruby. Cause now when I talked to her at the county planning meeting and Felicia Dell. Terry Ruby felt we would at least an agreement to go over the scope. Probably not an ordinance but she said Pam Shellenberger of YCPC would probably be a good person. Councilman Noll said yeah, Pam Shellenberger or Lindsey Gerner. Lindsey is the most knowledgeable. From what I understand, this was one in several municipalities, because we have the joint comp plan and it did specify that in there, about zoning districts and sharing zoning between Yoe Borough and Dallastown that by signing that agreement and all of our councils signing it and ratifying it that serves as the document. If we are outside of that document and redoing our zoning, and not having a joint comp plan then we would have to do a MOU. Attorney Springer asked when the joint comp plan was done? Councilman Allar said I am thinking it was in 2012. Discussion continued. Councilman Snyder said when speaking to Charlie, if we don’t have to do a MOU or agreement, then I would think you would have to put some part of the statement, change to the zoning ordinance, make some sort of statement in there, this is being phase off of that. Why we aren’t providing for all the zoning. If you could draft up what you’d like to see in that ordinance. So that is where we stand on that. Councilman Allar asked when the next meeting is? Councilman Snyder said its May 8th. Councilman Noll said to note once we get through all the comments, we will come back to the borough and we have to have, another public meeting and that will be at a council meeting. The county is going to have review before our public meeting. Councilman Snyder said after our committee meeting, we can do one of two things, we can shoot it to YCPC, they still meet at the end of that month. May 8th meeting is after our May council meeting. The committee can make recommendations to YCPC and get on their agenda for the May meeting. Recommend the changes. They will then generate comments like they did this time. Come back to council, we can discuss it at the June meeting, as far what the committee is recommending and what York County is recommending, discuss it then advertise the public hearing for July. Councilman Noll said its going to be July or August until this is adopted. Councilman Snyder asked for any questions? Jay Myers said I am just wondering if my position is being recognized with change in zoning. The zoning that you have on the map, going with what is going on now, you have a town center on the east side of town. I hate to see it being zoned town center. First of all, a decrease in the value of my property. Everyone that I talked to said it will. The east side of the borough has been commercial for years. The businesses on the east side have been there a lot longer than the west side. You are keeping the west side commercial. Like I stated before, Church Street to the east side of borough, keep that commercial. If you are worried about the Attig property, that’s zoned residential now, keep that residential. People will have trouble building, putting something there, without getting variances, you wouldn’t have to approve it. I don’t want to see my commercial status lost. That is why I’m here. That is why I went to the planning commission meeting and that’s why I came to the other meeting. Councilman Snyder said that’s why I said, and this is the third time I’ve told you this now. We’ll take your comments, the other comments that were generated at that meeting, planning commissions. We actually we received another letter from Attorney Katherman, Heim and Perry, asking another rezoning issue for another area in town. The committee is going to look at all these when we get together on the eighth. Along with York County comments. We are going to make a decision and see how we can best work this out. So we are going to take your comments. Jay Myers said that’s what I wanted to know, is this falling on deaf ears. Is your mind already made up. What is your stance, to keep it commercial status. There are very few residents up there, no sidewalk. Those business have been there for years and years and years, longer than any business on this side of town. Councilman Noll said we’ll have to look at it as that, and make sure its not spot zoning. We have to make sure we look at the entire area and all the zones that come together. And we say about the Attig property making it residential. If we would make one property residential like that, we could be doing spot zoning. So there, are a lot of things. Jay Myers said that is already zoned residential. We are in a commercial zone. Councilman Noll said what I’m saying, there are a lot of things that we are going to have to consider. Its not as easy as, saying one thing this and one thing that. We have to look at how the whole district comes together for the entire town and what the potential, discuss the potential hazards, and certain uses are. Because when we have an issue of use by right, just because one thing, another property beside it opens it up to use by right and whole host of other things. We are going to be taking all these things in consideration. That meeting on the 8th, is that for the borough? Councilman Snyder said it’s a public workshop. Councilman Noll said that’s when the decisions are going to be made, look through that and make recommendations to council. If you’d like to come to that the workshop, that is when there will be a full out discussion, to making a final decision. Councilman Strausbaugh asked, when I was in Windsor Township, correct me if I’m wrong, if a property is zoned commercial, you couldn’t mandate it to residents. Councilman Noll said the way that it works is, if a property has a specific zoning or use, when you redo a zoning ordinance, you can change the area that its in. And the whole area will be zoned town center, residential, whatever, the specific use of that specific property, its state law that we cannot say that, all this side of town is residential and all the commercial you lose your status and have to move out tomorrow. Its illegal we can not do it. As long as the property is sold and the property’s owner, current or future, does not want to change the use of zoning grandfathering, it remains that way. You can have a business in a residential area for the next 200 years it doesn’t matter. But if the person decides I don’t want this to be a business anymore, tear down the building, and build houses and things like that. Once you change that use, its up to the owner of that property to change that use, then it reverts back if they choose to do that and now someone else comes in and buys the houses, to tear down and turn it back into a business. You can’t do that. Its perpetual chain of ownership for that property. Until an owner makes a decision to change the status of that property, not the borough, not anyone else, the owner of that property has to make that decision. Jay Myers said I understand that, but the status of it being commercial versus town center. Its going to decrease the value of the property. Councilman Strausbaugh asked when he goes to sell that, it would still be commercial? Councilman Noll said as far as the use, it would be in the town center. The use of it would be commercial. Councilman Myers said but the commercial status, you would have more opportunity for that property versus town center? Councilman Noll said there are certain things, there things in every district called use by right. And what that means is that if that piece of property is zoned, it may be a gas station today, if its in a commercial or industrial district , as long as you meet the lot sizes you don’t have to remain a gas station, if you want it to be a funeral/crematory and it fits in that zone, if it’s a use by right, you can do it. That’s the thing you have to grapple with when you decide certain areas. Its not so much what it is today, its what the future person can buy it for and potentially make it which you have to look at how all those uses interact, access to the town, adjoining property all those different things. Councilman Allar said if what you are getting at is Barry, if someone comes along, and has a different use in commercial but has a different use within commercial, there is no use by rights, than it would be in a town center. Whereas would have to go for variances etc. Councilman Myers said I wanted see if the. Councilman Noll said the way the law is written you can use it for similar use, if its automotive you can use it as automotive in some form or as long as the use that you proposed for that property is not more intense, you can do it. Say it’s a gas station, or auto salvage, auto whatever today and someone says I want to turn it into a McDonald’s which is going to have a lot higher traffic, then you can’t do that, but you want to turn it into an antique shop, which just has parking, it’s a slight downgrade or the same thing. Then yes, by the way the grandfathering laws are written in the state of Pennsylvania, yes you can do that. Councilman Snyder said the biggest example that I have gotten back to, even when I was trying to explain it to the residents that were here. Is the DELLCO property, that was residential zoned, always residential zoned, however there is a commercial use there. It was Billets Amusements, now its DELLCO, they have warehousing and light construction, its still a commercial use and its still in a residential, it didn’t stop it from going from one commercial use to another commercial use. Restuccia was in there in the meantime. The beauty of a preexisting non conformity it really doesn’t change. I think the biggest thing, the difference maybe we had Seth come to our meeting that day. The biggest thing that we hear from our residents and what we are being told from our planners. As a matter of fact I was reading over the letter from this attorney, who says which ironically is about the Billet property, its about how its going to reduce the value of their property if its zoned differently. Councilman Noll said its always been zoned residential. Councilman Snyder said we keep hearing its going to reduce my value. Councilman Noll said that property is in a residential district. Councilman Snyder said I guess my question is, if you have a gas station now and you can sell it as a gas station, because it’s a pre-existing non conformity I don’t see how it reduces your property. True a Walmart couldn’t come in to buy it, because that’s another commercial use, or a salvage yard couldn’t come in and buy it because that is a different commercial use but as far as what you have, what you can sell it for. Do you want Seth to come to the meeting? Councilman Noll said I think that would be a good idea.The Billett property, the assessment, they are assessed as a commercial use. The property value from the assessment office isn’t less because its in a, it is what the value of the property is, and how its being used. Councilman Snyder asked do I have a consensus of council to allow Seth Springer to come to the May meeting. If that will help we’ll have our solicitor there, he’s making some notes. He can actually talk to his boss and look into that question as far as, does that affect the value of a pre-exisiting. Mr. Myers asked is there one single reason why that end of town is being made into town center? What is the one single reason, there has to be an underlining reason why they made that town center, excluding the property at Attigs. One reason why? A good explanation. Councilman Snyder said the only, when we initially as a council set that up, there was a lot of discussion as far as. Should we even make that commercial? We are thinking ahead. With the comp plan, with the zoning. We’re looking at having our rail trail going through there, looking at trying to keep businesses in town. Its going to be bringing people in. The town center, we moved our town center up to that back, lower end of the rail trail area. So a coffee shop, a donut shop, something like that, may want to go in by the rail trail. There was a lot of discussion when it came to the Attig property, should it stay residential, because the York Township portion is residential. There was discussion, should it become commercial because there may be good commercial potential there. What the council did compromise, lets make it town center which allows for a higher density residential but also allows for what we call commercial uses. If you read our zoning ordinance, to see what our uses are allowed in town center. There is a lot of commercial uses in there. Like what I said in the county planning meeting, a nice upscale restaurant could theoretically go in there. So it’s a compromise of what we trying to do, to say yeah we want to allow a commercial entity in there rather than just residential. Mr. Myers said unfortunately the Attig property is swamp land. Councilman Noll said its not all in wet land. They don’t have to, if they go to York Township and say we want to use this portion. Have that use extended, to build further in. Councilman Snyder said that is the reasoning behind it, like I said we are going to take everybody’s comments and concerns and hash it out at the committee meeting. We haven’t made a final determination yet as far as the consultant that was here that day, do you want to make one or two properties commercial over there. There are things we need to look at as a committee.

Solicitor Springer said I was able to speak with owners of the property along E. Pennsylvania Avenue. They don’t to seem to have any issues with an easement along their property to facilitate the rail trail. I got an email back from Ms. Farrell, she brought up another property and also the widening of a driveway on Boundary Avenue. I looked at the map, I don’t understand, I’ve been crunching the numbers, I don’t understand where you would have that affect on the driveway. I can see where it affects Boundary Avenue, that’s a public road. I have to get together with her. Prior to that, I wanted to speak with you guys, to make sure we are on the same page as far as, who is going to be drafting the easement. I seem to remember Tom telling me, last meeting, that, that was part of the contract with Buchart Horn. They would be facilitating. Councilman Allar said they can, they are willing to do that. In the original feasibility study, there were sample easements and right of ways, made by the attorney. An attorney that worked with rail trails. You can get it online. She can help out, to know what works. Solicitor Springer said, you already paid for that then. Councilman Allar said I will check with her, to make sure it’s a deliverable. I believe its in there. Solicitor Springer said okay. I just wanted to mitigate the costs on that. I haven’t gotten anything, I discussed this with her. I wanted something to present to the operating owners, more than just a rough drawing. She was preparing something. Councilman Noll said Barry, with the easements, my understanding was she would facilitate and write the easement, and it was up to Yoe Borough to hold the public easements. Councilman Myers said we need to get her and the property owner together to talk about the driveway. She has a remedy for that. Councilman Allar said she said she was going to contact her with additional information. Solicitor Springer said I’ll talk her. Said I talked to the wife of the owner of the property. She had issue with one part of the property that the borough owns. I told her that we would work that out. I have to take a better look at it.

Solicitor Springer said I got this letter from Attorney Schentzka, the attorney for Mr. Richardson, the second page is the excavation estimate. There is nothing obligating us, for us to grant another extension. I believe we extended until this month. They are saying they are interested in going through the demolition process. This is a moog point until the free and clear sale, comes and goes. Someone one may or may not buy the property. Councilman Allar said that property is going to be gone on June 6th during the free and clear judicial sale, 90% of the properties are sold. If it doesn’t get sold, it gets on the listing for the county and anyone can come in. Solicitor Springer said they are saying if it goes on that list, then they will effectuate this plan of demolition. If that’s what the borough wants, hold onto this property one shape and form. There has to be rules on arms length transaction, you can’t just let a property go, have the stuffed wiped off, and then come back and buy. I am pretty sure there are rules against that. Councilman Myers asked a family member can’t come in and buy that, and the process starts all over again. Solicitor Springer said a family member may be able to. I’ve got to see if there are any degrees of separation. Councilman Allar said you have to register and sign an affidavit that says you have no connection whatsoever with that property. The discussion as to, if we put on file names of the relatives. We have to go in writing and put that down. Also have a file with all the violations this property has. I don’t want they want to demo a property when it will go to someone else? Solicitor Springer said they don’t want to. Councilman Snyder said I think what Tom is saying, there is no way for them to fulfill this because as of the sale, they won’t have ownership of it. Councilman Noll said it’s an attorney’s tactic to keep us from citing them. Councilman Snyder said my thought would be to cite him up until it goes up for this sale. Knowing its going up for absolute auction, say no one buys it, they will not own it. Councilman Noll said the county will own it. Councilman Snyder said there is no way they can fulfill it. Councilman Allar said suggested they contact the habitat, they didn’t talk to the habitat. A motion to start citing the Richardson property again as needed by Councilman Noll. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said not only is that parcel going up for sale, 92 W. Broad Street is going up for free and clear. Did we want Sandy to go back to through the records, where all the people were here, let them know that it is going up for absolute auction and send them a notice that its going up for sale. A motion for Seth Springer to represent the borough at the June 5th sale to purchase the property on behalf of the borough only in the event if no on else is purchasing it. Discussion continued. Councilman Noll said I am concerned where we are going to get the monies to do this, demo, county fees, etc? Councilman Allar said I am going to sit down with habitat to get a draft MOU. They can demolish it. Councilman Noll said I think if we can get a MOU and demolish the property within 90 days, and they get title free and clear, I am okay with that. What I don’t want is for us to get the house and have it sit there for another 3 to 4 years. Councilman Myers said as soon as we take over ownership, the clock starts for us. Councilman Snyder said my thought was we go, get the the habitat on board, this is going to happen in June. CDBG is in June. If we get it, we put in for the emergency funding. Councilman Noll asked why would the approve the CDBG funding for this in the next cycle? Mr. Malesker said they said all existing funds were committed, they would keep the application on file. Councilman Noll said we know there is funding, or more funding? Mr. Malesker said there is funding starting in 2015. Solicitor Springer said when I called YCPC, there were funds available, there was a gap in time. Councilman Allar said it has to be an emergency, unless its falling down. Solicitor Springer said maybe it would behoove us, to look at the troubled properties going forward. Discussion continued. Councilman Snyder said we allow Attorney Springer to spend up to $5,000.00. put in the grant application, get with Habitat. Habitat will work with. One or the other is going to fall through. The worse cause, three to four months, send mowing crew in. Board it up. We put in $2500.00 for property maintenance to board up and mow. We said in the last grant application we would commit $5,000.00. Solicitor Springer said perhaps we have more than one property listed on the grant application. Discussion continued. Councilman Noll said before the sale and on the codes side of things, do legal liability to declare that house condemned. Basically if whomever buys it, has to tear it down. Councilman Allar said the director of tax claim said you want to post that property and file or file with the prothonatary you want to put on file all the violations. Anyone that buys it they will know. It would be nice its not structurally sound. Solicitor Springer asked anyone who would buy it, would need a permit? They would have to do everything by the book. Discussion continued. Councilman Noll said we have the ability to declare an unsafe structure. And shall be condemned. IF we have that property condemned and post it as such. We didn’t have that chapter adopted. You can look at Section 108. It qualifies in every category. Councilman Snyder said do the minimal to get it condemned. Get the information ASAP to Seth Springer to get that filed in the prothonatary’s office. Councilman Noll said its going to cost us five to six hundred dollars to do this. Once it is condemned, you aren’t allowed on the property unless you are contractor. Councilman Noll said it states its unlawful to enter the property. A motion was made by Councilman Noll to start as discussed, to have Codes in to condemn the property and then having them notify us, that Seth needs to get that into prothonatary’s office and do that under the auspice of the International Property Code 2012 in the amount of $1,000.00 or less. The motion was seconded by Councilman Allar. Those present to vote: Councilman Bankoske, Councilman Myers and Councilman Snyder. Councilman Strausbaugh was not present at the council table to vote. Councilman Snyder said to bring it back up at the May meeting about Solicitor Springer attending the free and clear sale. Solicitor Springer said I’ll bring that back up.

Solicitor Springer said I was given some paperwork regarding a class action suit, all the paperwork said it was to settle this, if you didn’t want to be part of the settlement let them know. Solicitor Springer said suggested just letting them settle. GE/ Bank of America/ Trinity Funding Company/Trinity Trust Funding.

Councilman Snyder said just to decide what council wants to do, we passed a new ordinance last year dealing with the tax collector. The funding came in late today. Its one day late. According to the ordinance, she did make application for waiver of the late fee where this affects the treasurer. The question is under the auspices of the ordinance, do you want to waive the one day late fee or charge the tax collector on the funds received. We would take it out of her commission. Councilman Noll made a motion to wave the late fee for March. The motion was seconded by Councilman Myers. All in favor.

Solicitor Springer said on the York Township Comprehensive Plan. I did go to the website and there was a broken link. It is available. There are electronic copies, for DVD/CD Rom player. I would suggest to review those, there is a 45 days comment period. Here is an opportunity to work with them. I read through the comp plan, Yoe Borough is mentioned. It states Yoe Borough fits in with the zoning and layouts. Right now, if you feel it doesn’t, to make comments. I would recommend look at it. There are a lot of pictures and maps. You would have April to review. Solicitor Springer said comments could be sent to the secretary or me. I think it would behoove the borough, if you see anything. You can work into the comments about our updating of our zoning. Get comments to the secretary by mid month, April 18th at noon.

Dave Hunter from York Area Rec Baseball said we have been using the field the last three years through the Cougar program. We would like to use the field every Sunday beginning May 4th for about six hours during the Sundays in use ending the first Sunday of August which is August 3rd. Possible time block is 9AM until 3PM. Copy of certificate of insurance will be sent. As soon as the new one is available I will mail it to you. The secretary said the borough sends a letter of requirements for you to sign off. The portable toilets, you said you would be able to financially help with that. The Cougars have not contacted the borough this year for the field. Contact info for Mr. Hunter was given to the borough.

A motion to allow the York Area Rec Baseball to use the field on the dates indicated and to find out if portable toilet rental could be reimbursed to the borough during the time frame by Councilman Noll. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. The approximate cost for rental of portable units is about $200.00 for the three months. This is an estimate. Mr. Shearer is the contact for field maintenance. Cougars helped with clean up and field maintenance at the end of March. Mr. Shearer said they helped with tree removal. They were to help with some of the fence repairs. I didn’t see them use the field much last year.

Councilman Allar asked if here was a consensus of council to meet with Habitat of York on the Richardson property. Councilman Snyder said let them draw up a MOU, kick it back and forth to see what we need to put in it. Councilman Snyder said there was a consensus. Councilman Snyder said if the MOU says to tear it down and then build on it in a year. If we knock it down, we will put it up for sale.

Engineer’s Report
Mr. Malesker said I contacted Joiann Galiano of YCPC for putting in for the second round of the CDBG disaster relief funds for the rip rap behind the fire station. She said okay. She will take care of it. I am not sure when that is due. That will be submitted on the second round.

Mr. Malesker said we are moving forward on the material and equipment bids. Dallastown does want to continue that. By next month, we’ll try to have those opened. The current contract goes through June. We will get everything signed by the June meeting. We added R 6, is there something for the dirt and gravel grants? We have time to get that in. Mr. Shearer said give us a couple options. Mr. Malesker said we will bid R 3 through R 6.

Mr. Malesker said on the CDBG application, it was tabled last month. There was discussion on Philadelphia Street. Do you want to do another one on S. Main Street just in case and submitted on the June 6, 2014. Councilman Snyder said I think you should update it, the odds of getting it are probably good. I’d rather have the money and end up with Habitat and find out in September we don’t have Habitat. Mr. Malesker said there is a resolution that needs to be done. If you want to do the resolutions at the May Meeting. Discussion continued on the time line. Mr. Malesker said the application for S. Main Street would be part of the three year process. Councilman Allar said we have other grants we want to apply for. Do we have to do that resolution now? Mr. Malesker said it will cut it close if we do it at the June meeting because we still have to assemble everything. Councilman Allar said we have stormwater, sidewalks, the rail trail. Councilman Snyder said we have to have it done in May. Give direction in the May meeting, to do the grant applications. At the June 3rd meeting we can do the resolution. Councilman Allar said we will know more about the rail trail by then. Councilman Myers asked are we going to talk about the water up on Philadelphia Street during the rain? I was up there on Sunday. First time, I had film. I took pictures. I have some questions. It was mild but it was coming down pretty good. What I didn’t notice, the first picture is looking up the street. The next one is the storm drain right beside the entrance to the Billet’s, first one on Philadelphia. The water was going around, a curb there. The third one, is at the upper part, the drain isn’t catching any water at all. Its kind of jumping around it. Some is going in, some isn’t. I think the black top around the drain has settled. Sometimes it’s a sign there is water underneath. Picture 4 is the drain closer to the entrance, all the water was going in there.The one up here doesn’t have the angled grate. We need to do that, we need to buy the right grate to put in there. We should have Dana go ahead and just do it. That is the first one that the water gets to. Get a new grate up there. The last page, we did this is at Elm Street and Newton Alley, we had a big water problem, down Newton Alley would come into Main Street. That type of drain should be where Sam goes into his alley. Water is shooting across the street. Water is coming across the street and shooting down the alley. Councilman Snyder said if I recall, it was part of the park project, it was to extend the curbing that we put there and come the whole way down and if I’m not mistaking, there is suppose to be curbing on the opposite side because that is eroding away too. I think a drain was suppose to be over there, and right about here another drain tied into the system. For whatever reason that water has tendency to shoot across to the other side of Philadelphia eroding away the road up there. Because of that crown, it routes right around. When we put that other drains in, Jason said that isn’t all he wanted to do but we ran out of money. Discussion continued. Councilman Myers said behind the Billet’s property, water is running behind his garage. I don’t know how to deal with that. Maybe put a bunch of stone. Councilman Allar said a curb there would control the flow. Mr. Malesker said to have curb on the backside of the pipe. Councilman Allar said if you want the sidewalk make it part of another project, as access to the trail head. Councilman Snyder said it was curb and sidewalk, to enhance the park project. You don’t need the sidewalk for the water issue, you need the curbing and the inlet. The reason sidewalks were included, to create access as part of the park project. Councilman Allar said it was said you don’t want to put in sidewalk because that is the homeowner’s responsibility, you don’t want to set presidents. Discussion continued. Councilman Myers asked if we could use liquid fuels if we put a curb in here? This is bad. The yard here, water coming from alley, behind the garage, I don’t know where the water is coming from. Mr. Shearer said there is said to be a spring in that area. On the other side of Philadelphia. There was a spring identified, on the spring issue on Main Street. One was thought to be up in that area. We couldn’t identify which property it was, but somewhere behind Pangburn’s. Councilman Myers said curbing would help in that area 100%. Councilman Myers said I was surprised on how much water is going in the drain near your garage. This drain here, right at the end of the Billets, where does that pipe go. Mr. Shearer said it should connect down to the corner. Inlets were extended through the intersection. Councilman Myers said I’d like a curb, something like that at the entrance way.Mr. Malesker said we probably did one for the park project. Curb is going to be $15.00 to $20.00 a foot. Councilman Noll said closer to $20.00 a foot. Councilman Snyder said in a larger rain, it shoots off the basketball court, shoots at the grass, it aims to the rear of the DELLCO’s building. I get flooded out by the garage and in my yard. DELLCO gets inundated with water, it flows unto his property unto Park Alley. Councilman Allar said its acceptable we do a trail head, where we can capture some of that water, keep it from going down Philadelphia. Councilman Myers said behind his building, where is it coming from.Councilman Snyder said what I’m talking about is coming from the basketball court. If you put a curb at the end of the sidewalk we put in, the entire way down to his entrance and on the other side. Councilman Allar said we have $15,000.00 from the ½ mill and in 2014 we will have$15000.00. Then you have $31,000.00 from liquid fuels. You have $60,000.00 to do curb and sidewalk. We don’t want to jeopardize DCNR, CDBG. Discussion continued on the best option. Councilman Myers suggested we take the stormwater monies, and put that curb in. I need to get back up there to see where that water is coming from off the tennis courts up there. Councilman Snyder said its coming up from Rexroth. Councilman Noll said its coming across the old Yoe Concrete property. Mr. Shearer said their drain on the lower side of the Yoe Concrete property building is dumping out the side. Councilman Snyder said we have $30,000.00. We have 150 foot from Main Street to the Alley, from the alley 16 foot, which is 175 foot, all of DELLCO to where the sidewalk stops, say 250. Total would be 425. If we spend $10,000.00 approximately out of the stormwater monies. If we do this and don’t do the recommended grate. Councilman Noll said you will want a type c inlet and change the top. Councilman Snyder said there was going to be one over here and all the piping. Discussion continued on the scope of work. If you are looking at $10,000.00 for curbing and maybe $5,000.00 for inlets and piping. Councilman Noll said go up there take some pictures and walk it. Mr. Malesker said you have Fitz and Smith to do the inlet, whomever you get to do the curb. Councilman Snyder asked if we needed to put it in the material bid. Mr. Malesker said you have the $19,100.00 limit. Discussion continued. Councilman Myers said trying to combat water in the alley and water going down Main Street. Mr. Malesker said you may have less water coming out of the outlets on Main Street because you are going to be capturing more water upstream. One of the recommendations was all the way down Main Street. Councilman Myers said to meet with Seth and Dana and walk and measure and call and get three bids. Councilman Snyder said you probably could tie it in with the alley. Put something at the edge of that alley. Discussion continued. Councilman Noll said we will put together a proposal and present it at the next council meeting. A motion to proceed with the work when they get a scope of work is the scope is $19100.00 or under by Councilman Allar. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Councilman Myers said I want to get behind Sam’s house and Floyd’s house, if we do more paving and get more water going to that drain. Mr. Malesker suggested a depressed curb like you do for a driveway, or build up the pavement to create a lip so it doesn’t bottom out.

Mr. Malesker said so we are holding off on the CDBG grant until the next meeting.

Mr. Shearer said in regards to Yoe Drive and plan of action to get the repairs done as stated in the annual inspection with DEP. Can we get together? Mr. Malesker said first in the morning or later in the day. Councilman Allar asked Mr. Shearer if he has a plan on how to do the work near Yoe Drive? Mr. Shearer said with stone and a big excavator. Councilman Allar asked do you need any help with Steve. Mr. Shearer said just guidance on what stone goes where, size of stone. Get with Fitz and Smith about a track hoe. Councilman Snyder said in our MS 4 meeting, if we have problem we need to deal with it. Mr. Shearer said we are doing this mainly for safety. Councilman Snyder said we have been discussing this for many months, its inside the borough and it’s a stormwater easement. We haven’t spent the money to see where the easement is to. Steve was saying at the very least, it could fall back on the property owner more than a municipality. Discussion continued.

Councilman Snyder said we received the disc from Springettsbury Township for the waste load management report for 2013. That is on file.

Councilman Noll said when does the Chesapeake Plan have to be filed. Mr. Malesker said if you are participating in a five year plan, even you opt out, at the very end. They are giving everyone a grace period. The general permit was approved April 13, 2013. Councilman Noll said the county, has not participated in their part in the plan. We did not submit any projects for this. They want a shovel ready project. Originally they were going to do projects wherever in the county it made the most sense. They are only going to do projects of participating municipalities. So if the problem is in a municipality up here, and they don’t participate, they won’t fix the problem up here that is the whole water shed. The reason is that the county doesn’t want any management responsibilities, all they want to be a money collector and money giver. If the project is done, in your municipality, you are responsible for the management of that project. Accounting, gathering of additional funds. Municipality that the project occurs will be responsible for all the PCM and maintenance for twenty years. If you are lucky enough to get selected, all the financial burden on everything that goes along with that project. We get a project we can afford, the maintenance on it could be affordable. They don’t want to do a stormwater authority. I have asked her to write up a MOU or operational agreement on how get this thing running. All the county is doing is a plan and moving the money around. They want nothing to do with the projects. Councilman Noll said I thought what advantage, what we are doing on the streets, more than meets our obligation to the Chesapeake Bay. You need to do projects. That curbing will more than meet our obligation. They have had so many municipalities, to opt in to the Chesapeake Bay, all the fees I handed out to everyone, are based on those numbers participating. If fifteen back out, it gets divided out with participating municipalities. Discussion continued.

Councilman Bankoske asked the alley that the gentleman that came to council last month about? Is there money for that available. Mr. Shearer will review that under his report.

Councilman Noll asked if C. S. Davidson can give a cost for the borough to have its own Chesapeake Bay Plan. The secretary made the council aware that these funds will need to be budgeted for.

Maintenance Report
Mr. Shearer said we had a meeting with Councilmen Noll and Myers. We have a list of things of what needs to be done. And I will have that typed up. Getting prices from Fitz and Smith for Orchard Street and getting a repair patch in that area. I want to get a load of coal patch. Not sure of what funding source we should use. Discussion continued. A motion was made by Councilman Noll to have Dana go up and mark out the area across from House of Windsor on Orchard that has broken up and have it fixed by Fitz and Smith as soon as possible. And have Liquid fuels funding and have a project number if needed.The motion was seconded by Councilman Myers. Councilman Strausbaugh was not at the council table. Those in favor: Councilman Bankoske, Councilman Allar and Councilman Snyder.

Mr. Shearer said on the dirt and gravel program. A lot of things that affect that program are drainage. The low volume road portion, they still don’t have clear guidance on what that is going to mean for, what their criteria is going to be. The decisions about that will be on the county conservation level. There is some guidance that the state gives them, but its mainly the county conservation district. Discussion continued. Mr. Shearer said I think we should in July, put in a French mattress, which is a stone structure on Clark Alley out by the end where the last garage is out by the Boundary Avenue bridge. It lays in there, there is a low spot. If we build the roadway up there, I am afraid we will trap water along side the roadway. This mattress is a stone and geotextile structure, that allows water to flow through it. Not a drainage pipe, stone structure that allows water to pass through, that doesn’t allow water to dam up in the base of the roadway. We put in a couple of small ones and some base material. Pretty much the rest of road, we can take care of it with stone and grading there. I don’t if we could get much out of them for Gay Alley. Gary Peacock was iffy on that before, because of the distance from the stream. I had talked to him before I went to the class. At the end by my garage, the dirt travels down there. Just because of the steepness of that hill, probably want to pave, somewhere in my neighbor’s area, pave that slope and then let the rest of the road dirt. A new surface of base material maybe. That would take care of, the sediment running off through there. Its either that, or pave the whole things. I worry with Mr. Downs, mentioned about the water currently getting, if we don’t do something near that section by his house, we’re going to create a bigger problem. We’re not going to put in storm drains, we have to watch what we do through there. There are some techniques that they recommend for dirt and gravel roads, we could incorporate to direct the water. Councilman Snyder asked about getting a grant? Mr. Shearer said that is what it would be in July. It would be just for Clark Alley. I know what Mr. Peacock said, they only get so much money, now that there is going to be more money, with incorporating low volume roads, and with township and borough associations, that you need the training. A lot of people are becoming aware of another pot of money. That additional money isn’t going to appear to at least 2015. They still don’t have all the facts and figures. We need to put together a viable project to apply for and improve Clark Alley. You have to figure out how much stone and textile you will need. Councilman Allar asked where the matching funds are coming from? Mr. Shearer said the only material that they will lay is DSA. Councilman Myers asked if we went the whole way down that alley, would that cover that? Mr. Shearer said if you wanted to put surface aggregate on that road, the only material that they will lay as top coat is DSA. If we wanted to put base material on that whole alley and top it with DSA and build that French mattress as one project, we could ask for that. Councilman Myers said its 100% do it, if its not 100% , we have to discuss further. A motion was made by Councilman Noll to apply for the dirt and gravel application for the grant. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Mr. Shearer said as far as Gay Alley, the other thing I’d like to look into. We are getting info for roller compacted concrete. Its actually a concete product similar to DSA. Explanation continued. That may be a good source and be a little less in cost than asphalt. Some things I need to look at.

Mr. Shearer said the street sweeping will be accomplished later this month. Hydrant flushing will take place after street sweeping.

Zoning Officer’s Report
Councilman Noll said the zoning info in here with all the activity.

Councilman Noll said Dan Shaw was diagnosed on Saturday with a life threatening illness. I got a call from Dianne from Red Lion, saying she can handle Red Lion but not Yoe. Asking for third party provider, we will try to help in the interim. We have looked at Code Administrators as our zoning officer before. I believe we will have to look to them for zoning. Councilman Snyder said I thought we were included in the prices for zoning from them. Discussion included contacting York Township and Dallastown. Councilman Myers said I will contact them. A motion was Councilman Noll to use Code Administrators for zoning officer duties. The Council President or Vice President is authorize to sign any contract for their services in zoning for Yoe Borough. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

Emergency Management Report
There was no report.

Mayor and Police Report
Councilman Snyder said he was suppose to let me know about the detail that went on. Councilman Myers said last week, they were hammering and today they were. They were going after trucks. He did get a Mayor’s Report to me. Good feed back from people, that came to the zoning. They saw three get caught at the stop signs. At the very least we knew we weren’t going to be stopping this but this way we can be pro active for the residents. Discussion continued. Any questions to the mayor? No questions at this time.

Councilman Bankoske said the website is up and running. The secretary said NFDC sent us a bill for hosting and its due now. Just wanted clairification on this as our web host. Councilman Bankoske said there was a mention of NFDC turning it over to them. The secretary said I let the Mayor know that if our web host was to change to let the borough know. We have not received that any changes are to take place, so the bill from NFDC for web hosting will be paid tomorrow.

Secretary’s Report
The secretary reported that a copy of the 2013 audit was given to council from Stambaugh Ness.

The secretary said I need to do audit proposals, this is the last year for our three year agreement with Stambaugh Ness. This is my thought, I was going to ask for a three proposal and a four year proposal with the tax collector audit option. The main reason said the tax collector has mentioned she might not run for reelection. The council said both are a good idea.

The secretary said Red Lion had given Dallastown the leaf loader. Dallastown has applied for a grant through Coca Cola is supposedly getting a truck and leaf loader. Mr. Shearer said the leaf loader is being stored there. When they get the new leaf loader, are they going to return our leaf loader? Mr. Shearer said I’ll go and pick it up. Right now we are operating under the agreement with Red Lion via Dallastown for free pick up. What happens when they get their own for us for leaf pickup, they are no longer using our leaf loader. We will have a leaf loader but no truck to pick it up. Councilman Snyder said we put it in the our garbage contract, so the residents can put the leaves in their garbage pick up. The secretary said Penn Waste doesn’t keep track of the leaves in our waste.

Councilman Myers said on the other matters with the audit, is there an amount limit on checks that you right. The secretary said I have no limit. Councilman Myers said so you have to have two signatures on all the checks that you write? The secretary said yes, two signatures are required, several years prior I was the only one to sign checks except for state road fund checks.

Councilman Snyder said we have the Yoe Borough Sewer Authority financial statement that is file in the borough.

Councilman Snyder said received a letter from YCPC reaching out to the 36 boroughs asking for nominations to fill the term for the Metropolitan Planning Organizations. Currently the boroughs are represented by Dillsburg and Hellam Borough.

Councilman Snyder said we received a thank you from Red Lion Senior Center for their contribution as well as the library.

The secretary said the bill with C. S. Davidson. Councilman Snyder said here was another $265.00 bill from C. S. Davidson for the Orth’s stormwater plan. Inspection of the seepage pit. The secretary sent the bill to the Orths. Councilman Snyder said we thought it was excessive, three hours and 65 miles. They said he was called in on behalf on their contractor to do the inspections. According the Orths, their contractor walked off the job, isn’t finishing the work. This leaves the borough for $265.00. The secretary said we need to make sure the zoning officer needs to give the occupancy permit. Councilman Myers said I will call C. S. Davidson about that. Councilman Snyder said Mr. Malesker did get back to us with the explanation. Councilman Myers said he will get clarification. I will call you when its okay to release the check.

Councilman Snyder said the people about workers comp did not show up tonight. I want to find out why Kocman is doing the workers comp with a 5% fee with going with the state. Councilman Myers said we got the letter of cancellation, can you write a letter to Seth Grove, he was the guy who lead the committee for the whole thing for the cancer provision. There is a wood chuck in the wood pile. Councilman Snyder said the quote came within a couple hundred dollars. Kocman eeked out everyone else, our carrier for the other insurance couldn’t get a quote. Councilman Myers said it acts the same way, it’s a little more user friendly. The secretary said we have to give them 25% down when we apply.

Unfinished Business
There was no unfinished business.

New Business
There was no new business.

Payment of Bills
Councilman Snyder said with the exception of the one hold that was mentioned by Councilman Myers. Everyone have an opportunity to look over the bill list? A motion to accept the bills and pay the bills by Councilman Noll. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

A motion was made by Councilman Strausbaugh to adjourn the meeting at 10:31PM. The motion was seconded by Councilman Snyder. All in favor.

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