borough of yoe

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

Minutes for August 4, 2015

The regular monthly meeting of Yoe Borough Council was held on August 4, 2015 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7PM by Council President Sam Snyder followed by the Pledge of Allegiance.

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

Others in attendance:
Dana Shearer, Maintenance Supervisor
Sandy Sterner, Secretary-Treasurer
Steve Malesker, Engineer
Peter Haldemann, Sitting in for Solicitor Rausch

Dennis Attig

Councilman Snyder asked if everyone had an opportunity to read over the minutes from the prior meeting, any additions or corrections? A motion was made by Councilman Myers to approve the minutes as read. The motion was seconded by Councilman Strausbaugh All in favor. Councilman Snyder said minutes approved.

Dennis Attig said he wanted to ask about was out at the farm, I talked to you a little bit before this. The people are possibly buying it. They have to have approval to tear the place down. I hate to see it go. My brother was down here and got an application, what transpires beyond that point. Is it approved or isn’t approved or? Councilman Snyder said that’s just it, they have to file the application for conditional use. Councilman Noll said because its in the historic overlay and you are talking about the Attig property? Mr. Attig said yes. Councilman Snyder said once they make application it goes through an entire process. Attorney Haldemann said basically. Mr. Attig said my brother is executor, he came down here. He took it to the real estate, and they said they have to get a lawyer involved, so I don’t know where they are at, at that point. I was just curious. The thing I was, if the plan wouldn’t go through for them to sell it. We have this property in Yoe, then they have forty acres up in York Township. Would it be possible to split that up, say if Dehoff wanted to buy it, he said he needs a 35 foot easement right of way, High Street and coming up through the meadow. Would that be possible to split that up? I would have to see about going through that decision. Would that come through you or York Township? Councilman Snyder said that’s a loaded question. I know the parcel did have two deeds, two separate tracts, so if you didn’t anything with the tracks. If you sold the one tract as is, the other tract as is, if I’m not mistaken, the majority of the one tract is in York Township with a small portion in Yoe. At that point you don’t need approval from either board, to utilize that tract from this tract. Since you access to both, you can give access as you see fit as the property owner to the other tract. If you are doing anything other than those two tracts, that requires a subdivision, you would need approval from our municipality as well as York Township. And all that. Mr. Attig said, say you sell the whole thing to Dehoff. I think this deal is probably going to go through. But if it would fall through. People look at the place and they don’t want the place, they want the place but they don’t want to buy that forty acres up there. Just sell the Yoe part of it and then the rest up there. Councilman Noll said unfortunately its going to be on a case by case basis, we really can’t give you advice. If the sale is coming through and you have questions, contact Steve to explain specifics. Depending how you see it, if you want to subdivide it what use. We don’t want to give you the wrong advice. Mr. Attig said the people that want to buy it, well my brother signed the contract, it all depends if they can tear the house down. The bank won’t give them money for having a house here, they want to build house up in the field in York Township. Its all depending if they are allowed to tear the house down. I’d like to preserve the house, its been there for over two hundred years, I hate to see it go down. Councilman Snyder said they came an picked up the application. We haven’t heard that they have filed anything yet. There is a whole section in our book of the criteria they need to use, if they obtained a lawyer, they can obtain a copy of that. Mr. Attig said its Berkshire Hathaway said we’ve got to get a lawyer. Mr. Malesker said is part of that application for Cultural Resources to review, if its historically significant. Attorney Haldemann said it will just come here, you have a hearing. It would basically as a zoning hearing application but council hears it. Advertise the date of hearing and post the property. Mr. Attig said settlement is suppose to be September 30th. Councilman Snyder said I doubt its going to happen by then, once we get the application then we have so many days to set the hearing, sixty days. Mr. Attig said its just like when he came and said I have the place sold, dropped fifty thousand and we have to tear the place down in two weeks. I said how long have you been selling real estate. Mr. Attig said just thought I asked. If this all falls through, said you can’t break stuff up. Councilman Snyder said based on the tax map it appears to be two separate parcels. When we were looking at the Yoe Borough line, as long as you don’t change those parcel lines. Mr. Attig said thank you.

Solicitor’s Report
Attorney Haldemann said I got a bid package request from York Waste, doing business as Republic Services for Charles Johnston. He asked for an electronic copy. I sent him one. The secretary said I sent one to Ed Ward of Penn Waste. I have hard copies here and it is posted.

Councilman Noll asked are we complete with the easement up to the park? Councilman Snyder said yes.

Councilman Snyder said when I heard that they came in for an application, I had Peter look into it, to see what is required on our end. Since they are not considered a recognized planning commission, it would come to us. Councilman Snyder said we don’ t have a planning commission. I was here signing checks, off the cuff, his brother was here earlier to get an application. We have this historic overlay, there is criteria that needs to be met. I said without seeing a plan, I don’t know how tearing down a building without building something in its place in the borough would even come close to meeting those requirements. He already knows that. You just can’t just tear something down, since it doesn’t meet your needs. Read it and see it. They have to meet all nine of those objectives. Councilman Noll said I don’t know if there is a mechanism of punishment, I don’t remember that. Councilman Snyder said not specific to the historic overlay, it would just be a general violation. Councilman Myers said what about maintaining it. Councilman Snyder said demolition by neglect, not taking care of it and having it fall in disrepair is not a reason. Specifically said its not a reason for demolition. The idea is that you are suppose to maintain the property. You are allowed to demolish it, if he says he is going to build a new building with the old stone its going to look similar over here. But just because the bank won’t give you two mortgages so I want to tear it down, if that’s what they come before the board. I don’t think that is going to meet that criteria. I can’t say I don’ t have an application in front of me. Theorectically they could subdivide. Discussion continued.

Engineer’s Report
Mr. Malesker said the MS 4 report was filed last week. Here is the hard copy. We will go over recommendations at the September 1, 2015. The inspection report for the Orth property is in the MS 4 report. Councilman Noll asked if the report is on CD? Mr. Malesker said I think there is a CD copy. I can get you a CD or pdf. Councilman Noll said I would like to review it.

Mr. Malesker said the Dallastown Carnival is next week. The booth will be open Tuesday. If you’d like to have someone show up on Tuesday night to get credit. Councilman Myers and Councilman Strausbaugh are planning to attend. Mr. Malesker asked that they leave David Garbedini what time you plan to attend.

Mr. Malesker said I had a phone call from Lester Mummert, he is concerned about the costs he is putting into the property. He is asking if the borough would give him some relief by allowing him not to put in concrete curbs put rolled bituminous curbs in. I told him I’d bring it before the council to see if he would waive the standards. Councilman Noll said one time we hit it with a snow plow then its our problem. A motion was made by Councilman Noll to keep the concrete curb as per engineer specifications and not allow rolled curb. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Mr. Malesker said he will send a letter so its part of the file. Also there is correspondence with the Conservation District.

Mr. Malesker said I have an update on the application check list. Derek has been pulling things, there is a 32 page list. He is going to condense this and still have a check list. If you are applying for construction of a new residential structure, refer to Chapters 1, 3. And 5. The application will be one thing, the 32 page booklet would go with it. Councilman Noll asked that Derek email us a draft. Mr. Malesker said there is a lot in there. Dana spoke to be about the E & S stuff, you want them to see if they are less than one tenth of acre you don’t need an E & S. You call the Conservation District if you need too. Councilman Snyder said you have it in there, to contact the proper authority.

Councilman Snyder said a complaint was filed with York County Conservation District because of erosion control issues. This can go into our MS 4 book for 2015-16.

Councilman Snyder said we already talked about the annual storm water meeting which is next month.

Mr. Shearer said we are waiting for Fitz and Smith to do the patch. I spoke with Josh Kopp from Municipal Services, we are going to mill back a little bit. Mill some off some there, fill that back in with binder. Then it will be asphalted.

Councilman Snyder said there was a water leak on Friday night into Saturday morning. Wilson Court was without water, Philadelphia Street was out in part. Discussion continued.

Councilman Snyder asked if there is an update when they are going to repair the water lines on Broad Street. Mr. Malesker said they are going to bid that for next year. Councilman Snyder said that gives us a heads up to do the road the year after. When they do that, would they replace older fire hydrants. Mr. Malesker said typically if there is an older hydrant, normally gets replaced. Mr. Shearer said the one hydrant, the one at Maple and Broad Streets is the only one. If you wanted to add one further out or not. Mr. Malesker said the fire department could request to add an additional fire hydrant. Mr. Shearer said he will make contact with the fire chief.

Councilman Snyder asked if any updates on the grant that Barry signed off on. Councilman Myers said I gave Jake the go ahead. Councilman Snyder asked about the time line. Mr. Malesker said it has to be installed by October of next year. Councilman Myers said Jake is working on the permits. Mr. Malesker said they have to be sent here for signature. Councilman Snyder said we have to meet deadlines and work with York Township.

Councilman Harper said in lieu of storm water runoffs. Are we looking into finding a grant for infrastructure repairs? Councilman Snyder said we have to wait until CDBG comes up for the next cycle. Councilman Noll said there are no other programs at this time. Discussion continued.

Councilman Noll said there is a Flood events meeting on August 11, 2015. I am planning on attending. Do you know if our ordinance is in line with their new ordinance? Councilman Snyder said we got an email that said it looks good. Councilman Noll said I’ll bring back information.

Maintenance Report
Mr. Shearer said I will be on vacation will be August 7, 10, 14, 17 and 18th. I will be conducting inspections for the rentals for Village Realty for August 11, 12, and 13th.

Mr. Shearer said I’m still working on getting prices for the inlet and pipe cleaning work. Some of that is concentrated around the work done at Mason and Water.

Mr. Shearer said we received a letter about the ballfield from the insurance carrier, PIRMA, they did a liability inspections. The first letter we got I thought they were concentrating to the park, I talked to Mr. Johns and it was about the play equipment at the ball field also. I have concerns its not as simple as putting mulch down, it’s the location of the equipment. The driveway runs right in front of the equipment. The landing is going to be right at the driveway. I don’t know what we want to do up there. I don’t have a good suggestion. Discussion continued. Councilman Myers said he will try to get a meeting scheduled with an engineer to help us to do the grant part for the ball field, we would know the costs for our budget, also research the fence. Look into long term savings with removal with our insurance and explore for grants and if that doesn’t work out then get rid of the equipment.

Mr. Shearer said you received the quotes for the hydrant replacement. Quotes for hydrant: Exeter Supply Co.Inc.$2654.18 and L/B Water Service Inc. $2768.52. Installation of the hydrant: Fitz and Smith:$3800.00, Gingerich $7065.00 and Kinsley $8300.00. Mr. Shearer said we may need some additional parts. A motion was made by Councilman Noll to expend $3000.00 to purchase the fire hydrant. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. A motion was made by Councilman Myers to award Fitz and Smith for installation of the fire hydrant at a cost of $3800.00. The motion was seconded by Councilman Harper. All in favor. In favor: Councilman Bankoske, Councilman Strausbaugh, Councilman Snyder. Abstaining: Councilman Noll. Councilman Snyder said motion carried. Mr. Shearer said we are planning on moving the hydrant back at that location. Council had discussion on location of the hydrant and previous work done in the area.

Zoning Officer’s Report
Councilman Noll said I’ll pass this around. A lot of work with grass. Filed citations for grass and other things. Councilman Myers said she had two hearings and lost one. Councilman Snyder said Patti replied to the note that was dropped in the door. Councilman Myers said Mrs. Myers said she was told to file only once a month. Councilman Noll said if she has problem properties, she can step it up to once a week. County has been given money to start the York County Blight group. Soon as I find out I’ll let you know.

Emergency Management Report
There is no report.

Mayor and Police Report
Councilman Snyder said the mayor is not present tonight but left his report so it speaks for itself.

Secretary’s Report
A reminder that MS 4 Annual meeting is September.

The second quarter bank statements have been distributed.

Friday September 4 and September 5 are the free yard sale dates.

Councilman Snyder said we received our outstanding sewer/municipal service list.

Unfinished Business
There was no unfinished business.

New Business
Councilman Snyder said we received a new contract for Klugh’s Animal Control. Will let here for next month.

Councilman Noll said the York County Municipal Manager’s meeting will be at the Yoe Park on August 27th.

Payment of Bills
A motion was made by Councilman Harper to pay the bills. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said bills are paid.

A motion was made by Councilman Harper to adjourn the meeting at 8:35PM. The motion was seconded by Councilman Bankoske. All in favor.

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