borough of yoe

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

Minutes for April 5, 2016

The regular monthly meeting of Yoe Borough Council was held on April 5, 2016 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA 17313. The meeting was called to order by Council President Sam Snyder at 7:02PM followed by the Pledge of Allegiance.

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

Others in attendance:
Dana Shearer, Maintenance
Seth Springer, Solicitor
Steve Malesker, Engineer
Diana Dvorak, Assistant Secretary-Treasurer
Timothy Damon, York Area Regional Police Chief
Andy Knaub, Dallastown Cougars
Dennis Attig, Resident

Councilman Snyder asked if everyone had a chance to look over the minutes. A motion was made by Councilman Myers to approve the meeting minutes of March 1, 2016. The motion was seconded by Councilman Harper. All in favor.

Resolution 2016-04
A resolution was made by Councilman Sam Snyder to appoint Diana Dvorak as Assistant Secretary-Treasurer. Diana Dvorak was hired as a clerk until she could be appointed to the position of Assistant Secretary-Treasurer at the April Council meeting. During this time, Diana Dvorak, would be training under the current Secretary-Treasurer, Sandy. It was also discussed that Diana would be eligible for some benefits under the current ordinance. Diana, is entitled to the retirement plan, which will cost the borough an additional $720 a year. At this time Diana will be working Monday’s, Wednesday, and Friday’s. Diana had previously expressed that Wednesday’s are difficult for her and Thursdays would be better, when she is working on her own. What Sam asked, was that Diana work as many Monday’s Wednesday’s and Friday’s as possible at this point. When the training is complete, Diana can work, Thursday’s and Council meetings, and Sandy would work Monday, and Friday. Sam Snyder introduced Diana to the fellow council members, mayor, solicitor, and engineer. Yoe Borough Resolution 2016-04 was made to appoint Diana Dvorak as Assistant Secretary-Treasurer. The motion to appoint Diana Dvorak was made by Councilman Bill Bankoske and seconded by Councilman Regan Strausbaugh, all in favor.

Andy Knaub from the Dallastown Cougars was in attendance to discuss the use of Yoe Park. Mr. Knaub discussed some of the improvements that the Dallastown Cougars had made to the park. The improvements will cost around $3000-$4000. Per Mr. Knaub, all required clearances have been posted on their website. The portable toilet has also been paid for, and Mr. Knaub is aware that it will need to be removed prior to October 31, 2016. At this time Dana Shearer, voiced concerns over the shed that the Dallastown Cougars had placed on park grounds. Dana felt that the location of the shed did not meet the setback requirements. Dana stated that the shed should come forward. A temporary shed was set on stone, with no foundation, and is under the square footage for storm water management. Dana asked that the shed be moved closer to the dugout. Parking was also discussed. In previous years visitors had been parking on the adjacent owners property. The Council requested that parking be clearly outlined. The owner had planted trees to mark the property line. Mr. Knaub agreed to email the parents regarding the parking. Mr. Knaub also offered to paint a line, or rope off the parking area. Dana feels that the tree line is sufficient. Councilman Noll made a motion that the Dallastown Cougars be able to use the park as long as they obey property lines, provide a portable toilet, we have current license information, and the Borough is not responsible for any improvements from April 5, 2016 to October 31,2016. Motion seconded by Councilman Harper, all in favor. Mr. Knaub signed the park agreement.

Chief Damon was introduced. Chief Damon was here to discuss the annual report – specifically Yoe Borough. Mayor Sanford had previously reviewed the annual report with Chief Damon. The Annual Report will be available online on April 6, 2016. Yoe Borough makes up 1% of calls. Overall activity from 2014 to 2015 the calls have increased. Part 1 crimes are the more serious crimes; murders, sexual assaults, aggravated assault. Part 2 crimes are more vandalism, theft, DUI etc. Yoe Boroughs calls and crime went up in 2015 from 2014. Total calls are down, but Part 1 and Part 2 crimes are up. Accident calls have increased for the entire department. He explained that prior to his being appointed accidents had been coded in various ways, which may have led to the decreased number. Councilman Noll inquired if there was any pattern to look for in reference to the increase in part 1 crimes. Chief Damon said he could not answer that at this time, but the increase of heroin use may be related (discussion continued). Mayor Sanford referenced use of service hours. There was an increase in the service hours – Chief Damon provided an explanation. There was a report of a sexual assault, which was investigated. A relative of the victim was part of a gang, and was being monitored by the FBI. The FBI notified York Area Regional of the situation, but there was no further cooperation. Chief Damon feels their movements prevented action by this gang member. That being said, this situation took a lot of man hours. There was also another sexual assault around the same time, not related. Due to this, they backed off on traffic details. In the 1st quarter of 2016 there have been over 300 citations and 199 warnings. Officers are being proactive. The truck traffic on Broad ST is really hit or miss. Chief Damon has sat on Broad ST himself, and not seen anything. Mayor Sanford discussed trying to keep a buffer on man hours, as well as how many officers would be retiring in the next year. Per Chief Damon there are a few retirements coming up, but the decrease in staff will be offset by no longer covering Red Lion. The council then thanked Chief Damon for his efforts.

Dennis Attig was in attendance to inquire about the survey being done. Mr. Malesker said that the stakes have been set. Mr. Attig asked if they could be removed. Mr. Malesker said that if they are wooden, than yes, they can be removed. Mr. Attig inquired as to who was placing the monument. Yoe Borough will be taking care of this, to show the offset, this will be done once the new map is released. Once the monument has been placed York Township will pass a resolution that Dallastown, Yoe, and York Township sign that this is the official boundary of Yoe. Conversation continued regarding the monument. Mr. Attig was told that if wants a monument on his property that would be his responsibility. There was further discussion on the borough survey. It was reiterated that Mr. Attig direct further questions to his surveyor, engineer, or York Township.

Solicitor’s Report
Solicitor Springer was glad that York Township was passing along the petition, as the only thing he was able to find was in instances of dispute. York Township was asked to take the lead as they had done this previously. Mr. Springer was also asked to look into the issues regarding properties that go to foreclosure sale and the Borough has been maintaining them for quite some time, and they become a net loss. There are some practical steps that the Borough can take , as far as not maintaining them until there is a complaint, or maintaining them on as needed basis – spreading out the attention the Borough is giving these properties. Once these properties become an issue, it occurred to me, that the mortgage may have certain provisions that say that if the property owner allows the property to fall into disrepair would be a breach. Solicitor Springer would be willing to go to the recorder of deeds and locate the property owner and speak to them, letting them know that the property is in disrepair, that this could affect their ability to sell the property at a foreclosure sale. If they let it go too long there could be cold, water damage, problems with the foundation, what not. Solicitor Springer is still asking around, as this has been a problem for a number of years. Council President Snyder brought up that some of the repairs are $500 & $600, plus the lien cost and lawyer fees are costing the Borough upwards of $1000. Councilman Noll asked that Solicitor Springer check on variances, is it legal to require the property owner to be responsible for recording and tracking special exemptions and variances to their property. Solicitor Springer said that he’s not sure that if the variance is not recorded that it is valid. Further discussion and clarification was made regarding the variances, such as turning a house into an apartment, as that is not something that would need to be recorded. Solicitor Springer said he would look into it. Discussion continued.

Council President Snyder requested that something be done with the zoning cabinet. There is a problem with storm water not be recorded accurately, as it is cumulative, and no one is keeping cumulative data.

Councilman Snyder inquired about our ordinance book, because we codify, do we still need to have our ordinances in a bound book, and each page stamped with the Borough seal? Our current ordinance book is in a binder, and each page in a clear plastic document holder. Solicitor Snyder said at this point, because we codify, our current ordinance book is fine. He will look into this further. Discussion continued.

Solicitor Springer inquired about codification, who will continue to do our codification. We have had 4 total proposals. Councilman Snyder asked that Solicitor Springer get clarification on what is provided by the codification company, what is the total cost etc. Solicitor Springer will be looking into this. Councilman Snyder mentioned the different company quotes the borough received and the various different jargons for each company that were stated. Discussion continued.

Engineer’s Report
Mr. Malesker said Councilman Snyder made comments on zoning ordinance/building permit items. We are waiting on additional comments by Councilman Noll. Based on with the shed and questions about how we track those kinds of things. C. S Datum would be a good way to tract the data. Put a scan on that property, and put down the square feet. Councilman Noll said when people add footage/buildings to their property it becomes a storm water issue. We need to keep track of each project, if they go above 500 square feet total for the property, we are required by MS 4 to keep track of this property. Even after multiple applications for said property. We are looking at a cost for Dana for a data plan, for the data is provided by C. S. Datum. We can put anything we wanted on there. Have Code Administrators have availability to log in. And to send Dana, Patty and Diana to training classes for C. S. Datum. Discussion continued. Mr. Shearer will research into a tablet and data plan. Councilman Noll said to send them the information to the property owner at 211 W. Broad Street and say that a land development plan is not required and take care of the run off. And make Code Administrators responsible for checking it. Mr. Malesker said there is an appendix to the ordinance. Councilman Snyder said is it laid out for Code Administrators. Mr. Malesker said I don’t know if Code Administrators knows the whole ordinance. Councilman Snyder said we need to send all information to Code Administrators. Going forward for the record for the municipality sake, Codes when they do the building permit would require the appropriate drainage pit. Check them for compliance when they close out the permit.

Councilman Myers said you, Seth, Dana and I can get together to discuss Broad Street repairs. A meeting was set to look into Broad Street repairs.

Maintenance Report
Mr. Shearer asked if there are any questions from my report.

Councilman Myers said the fire hydrant is to be replaced.

Councilman Myers said asked Mr. Malesker if he saw any email correspondence with Jake Romig. We called Jake’s assistant, about the grant here on Locust Street. Mr. Romig said he sent the items via email. I went to the Conservation District because they give us the monies. We need the permits to do the work. Mr. Malesker said Mr. Romig said that the permit was sent in. We can’t do the work until we have the permit. As part of the permit Mr. Romig was to do the design so we can do the repairs. Councilman Snyder said there is a consensus from us, we never received anything from the state. If Jake is saying we should have received something but we haven’t. Jake should be making contact back to the state. Councilman Myers said I never saw anything and either did you. I never signed anything to hand the permit it. We told Jake that either Sam or I can sign it. Mr. Malesker asked did Gary give our deadlines for spending that money. Councilman Myers said I don’t know if we can get it extended. Mr. Malesker asked if Jake invoiced the borough. It could be he hasn’t submitted it. Councilman Myers said I am having the same problem with Mr. Romig and my employment. Councilman Myers asked if C. S. Davidson could design something? This was Jake’s specialty. Mr. Malesker said it was his concept. We know what their quantities were, but nothing about cross vanes and grading. Councilman Myers said I am going to meet with Gary Peacock, and have the grant pulled. I don’t want to look bad on the Conservation District’s eyes. Maybe that will jump start Jake because Mr. Peacock talks to Mr. Romig. Councilman Snyder said email Mr. Romig and copy Mr. Peacock. Mr. Malesker said perhaps to get an extension. If we can get a concept from Jake we can turn that into an application. Councilman Snyder said we got notice that his insurance was cancelled. We can’t use him for dredging at the dams. Discussion continued. Councilman Noll said he knows of someone that could dredge if needed. Councilman Snyder said put him on notice in writing, and say I think you are mistaken where we are in this process, neither the borough, Sam or Barry have received anything to sign, in time we will be turning it over to C. S. Davidson so we don’t lose the money and courtesy copy Mr. Peacock. We are setting the tone and if we do need to submit for an extension, Mr. Peacock is aware.

Zoning Officer’s Report
Councilman Noll said there is a report for March from Code Administrators. One zoning permit for 35 W. Broad Street.

Councilman Snyder said I did received a text from Mrs. Myers. She does not have a report but letters have been sent to both properties at the corner of Newton and Main Street for trash and junk. A letter was sent to the former Crull property across from the car lot for tree that is down. Councilman Myers said a property on Broad Street, the owner threw a person out, their personal property was put outside. Mrs. Myers asked that the property be bagged and put out for trash. Councilman Strausbaugh said I sent an email out yesterday to several people, I received an ear burn yesterday morning. The property on the northwest corner of W. Philadelphia and Main Street. Apparently the guy who owns it has been bringing items into the property and dumping it behind the property. The property is a mess. Councilman Snyder said take pictures and report to the police. Councilman Snyder said we can start the enforcement proceeding with Mrs. Myers. Discussion of garbage blowing around, be a good citizen and pick it up. Councilman Myers reminded council it takes thirty days after letters being sent. Councilman Snyder said tell the citizen that letters have been sent and she will investigate into the Geeting property.

EMA Report
Mayor Sanford reported the classes I started to take in those MOD 1, 2 and 3, that allowed us to do some of those on the computer. That fell apart due to the budget. Those classes have been rescheduled. I’ll be taking them in April or May.

Mayor Sanford said Dana is going to attend the snow meeting on April 9th. We will get together to do the paperwork on that. I have the paperwork to sign. Councilman Snyder said we did a declaration of disaster. Mayor Sanford said this resolution for Dana to be able to sign documents. A motion to resolve Resolution 2016-05 for the designation of agent resolution by Councilman Noll. The motion was seconded by Councilman Strausbaugh. Councilman Snyder said so be it resolved.

Mayor Sanford said the last one is the electronic transfer authorization.

Mayor Sanford reported Rodney and I will be attending the monthly meeting on hazardous weather.

Mayor Sanford said I met with the vendor from the York County Department of Emergency Services for the radio change over. I made all the arrangements.

Mayor and Police Report
Mayor Sanford said you have my report, fairly busy month.

Mayor Sanford said I spent a lot of time on police business as discussed prior.

Mayor Sanford said the police report for February is on the back.

Secretary’s Report
Mrs. Dvorak reported that ethics reports are due May 1, folder on the council table.

Mrs. Dvorak reported that the liquid fuels check was deposited on March 4, 2016 for $26,554.33.

Mrs. Dvorak reported that Terry Ruby from YCPC will attend the June meeting and she will speaking on the storm water initiative. Councilman Noll said this about the storm water authority that the county is setting up.

Councilman Snyder said we did receive the annual audit for 2015. It went very well. There were only few financial entries in the journal. No major findings for accounting. SEK reports this as a significant deficiency, the management’s responsibility to establish internal controls for the balance sheet. It’s the borough responsibility to check the bank statements quarterly. The borough does not have adequate internal control procedures for adequate for segregation of duties. Basically its one person handles from beginning to end. They are informing oversight and reporting to you the condition. It’s not just one person that has all control. I do it on a routine basis, I will check the invoice and check the amount on the check and sign that invoice. I do not do it on everyone, you don’t know what I am going to check or not check.

Councilman Snyder said for your information to the council. Mrs. Sterner said that from here on. Mrs. Dvorak will be bonded. Mrs. Sterner made it to my attention, the secretary-treasurer had $250,000.00 bond. Right now she has $300,000.00. She asked about the amount that both should be bonded. Councilman Snyder said for us to attain a $250,000.00 wipe out. All accounts would have to be wiped out. Councilman Noll said this would be something that would be done over time. Councilman Snyder said we do audits every year. I am bringing this to council for their opinion. Discussion continued on the cost for the bond and the amount. Councilman Noll made a motion to do $250,000.00 for this year for the assistant secretary-treasurer and for the secretary-treasurer and next year get quotes for $300,000.00. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said there is free tire disposal on Earth Day from York County Solid Waste. Residents may pre register starting March 31.

Councilman Snyder said thank you’s were received from Village Library and the Red Lion Senior Center.

Unfinished Business
There was no unfinished business.

New Business
Councilman Myers said I would like to reserve the park free of charge for the American Public Works Association, for June 28th for two hours. We do a fund raiser for Make A Wish. Councilman Noll made a motion to have the public works association use the park free of charge and have the assistant secretary or secretary to contact the park coordinator and find out who is doing the cleanup. Councilman Myers said we will do it ourselves. And to check on the dates. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.

Councilman Myer said the fire company for years, use the park during the Saturday of Labor Day weekend for a picnic, we always reserved it. Two to three years, she rented it out on us. She was going on dates but not by the weekend. We told her, we get it always its reserved for the fire company. She said there are people who rent it every year. This year we said it again, we don’t have it again. We almost lost the sportsmen’s raffle. Mr. Shearer said we communicated with her last year. She was going to rent that, that weekend. I was about to become unglued. Councilman Myers said I don’t know how to correct the problem it’s every Father’s Day weekend. Mr. Shearer said Father’s Day it’s the third weekend. A motion was made to inform the Park Rental Coordinator that each year because we know of annual bookings, its understood that Yoe Fire Company has the park reserved for Father’s Day weekend(Friday, Saturday, Sunday) and the Saturday of Labor Day weekend. Inform the current renters that the fire company always has that Saturday so beginning in 2017 the fire company will have that Saturday of Labor Day weekend by Councilman Harper. The motion was seconded by Councilman Bankoske. In favor: Councilman Snyder, Councilman Howett, Councilman Noll, Councilman Strausbaugh. Abstain: Councilman Myers

Councilman Harper said to contact Penn Waste about throwing the recycling bins into the street up on Elm Street.

Payment of Bills
Councilman Snyder asked if everyone had an opportunity to look over the bills. A motion was made by Councilman Myers to pay the bills as listed. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

A motion was made by Councilman Bankoske to adjourn the meeting at 9:36PM. The motion was seconded by Councilman Snyder. All in favor.

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