borough of yoe

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

Minutes for August 6, 2013

The regular monthly meeting of Yoe Borough Council was held on August 6, 2013 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7:01PM 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

Others in attendance:
Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance Supervisor
Steve Malesker, Engineer
Seth Springer, sitting in for Borough Solicitor Charles Rausch
Michael Lightner of 98 W. Broad Street
Sheila Jones of 78 W. Broad Street
George and Mary Ellen Henderson of 107 W. Broad Street
Two additional residents of the W. Broad Street area not identified by name

Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior, any additions or corrections? Councilman Allar said one on page four, about the middle of the page, where it says, I know this because they’ve already done several thousand of them in York County. Correction is they’ve already done several dozen of them in York County. A motion to accept the minutes of July 2, 2013 with noted correction by Councilman Myers. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said minutes accepted.

Councilman Snyder said on to visitors. Mrs.Jones said I’ll go first, I know the others have many other questions. My name is Sheila Jones, I live at 78 W. Broad Street. We are here because we are very concerned about the Susie Cummings on our street which has been abandoned. It was several weeks after Susie past, the gentleman that was living in the house moved into the apartment house right beside. So there is one house between Susie’s and my house. He moved to the other side of me. And I said to him, he is elderly man that walks with a cane, I said to him, Ron, were you able to get what you needed out of the property or out of the house when you moved? He said there is air conditioner, a microwave. I said I’ll try to find someone to help you move that stuff. So we did. I had an opportunity to go into the house at that point. It was just, it was awful, awful. All the food is there, any animal that want the food, they could find it in the house, the stench and everything else, it’s a bad situation. The gentleman right beside Susie is here and he can tell you much more about that, than I can. And so I know, their concern is who does the house belong to. I called Chrissy, who is the daughter. I said, Chrissy what is your connection, can you tell me anything? She said our lawyers advised us to walk away. I thought their was a will but no one was able to find it. That is part of our question, who does the house belong to? I know that taxes are owed our borough but does the bank also own it, its very confusing? We are here as neighbors, with questions, to ask questions but we want to also know, what we as neighbors can do to speed along this process. I was told it takes two years before anything can be done, I know that neighbors have gone and at least mowed the front bank so it doesn’t look so bad. But it’s a real eyesore. I know the property right beside Susie, Wayne Boyd has just passed and that house is going up for auction. It will be extremely difficult to sell that property if the house beside it is in ill repair. I don’t know if anyone else knows anything. Councilman Snyder said I can, I have had a very lengthy conversation with you. And the information I gave you, doesn’t change, unfortunately. There are other residents here that weren’t privy to that so, I’ll just give them a brief overview of what I told Ms. Jones. This is an ongoing problem for the municipality. And the municipality is one of the few people that has to play by the rules. That means we just go in and lay claim to someone’s property and clean up a mess. Likewise we do not have the authority to tell you to trespass on somebody else’s property and mow even if you wanted to. We can not tell you to do that, in a matter of fact we would have to warn you that you’d be trespassing and you would have no legal right to be on there, etc. etc. It’s a very delicate situation that a municipality falls into, when we have this situation. We are actually dealing with this throughout the town when people just walk away from their houses which is very similar to this. We actually have a very similar situation at the corner of Main and Philadelphia, where the people were using a reverse mortgage situation, they must have used up all the equity in the house. They had a family member that’s now being the executor of the estate she was told by her lawyer, walk away from it, why pay $800.00 to probate a will, for something that there is no equity there, there is no estate there. The bank who would be the legal title owner, because they have the reverse mortgage. They are claiming they can do nothing to acquire the property without it being probated and getting their name off. To say, have a court decided, yes these people in fact dead. That requires a probate. So you really want someone to pay $800.00 to probate a will when they are going to get nothing out of it. That’s the situation you are in right here. You have a daughter who is saying why should I pay money to probate a will, and getting nothing out of this house because the house is in such deplorable condition. So what a municipality has to do, this what takes time. We have to send out notices. Last year it took us over a year, to locate the actual property owner of a LLC corporation, because you had to notify the person not the corporation. Here its going to be the same thing notifying the legal property owner. We can’t just assume that the daughter is the only owner because the borough had no way to know if there is other brothers and sisters involved that would also have legal title to this. Ms. Jones said there is another sister. Councilman Snyder said again, this is the problem, even if they are telling us this, a municipality can’t assume that they are the only ones, you have to go through the courts and courts the have to be able to say yes, this is who we determined to be the proper people. Now we can go in and try to cite, which actually I saw in the report. What we have is a similar situation to 230 S. Main Street, which goes up for sheriff’s sale, if it doesn’t sell at the sheriff’s sale then there is a judicial sale, then there is the final upset. Then if it doesn’t sell it goes to a repository. Attorney Springer said it’s a list of properties that are basically dirt cheap. We’re talking years down the road. Councilman Snyder said that’s the problem it takes years to get that situation. Now what the borough has started to do, on some of these properties, that are like two years into it, or where we know a bank isn’t taking responsibility for it, the borough has identified six of those properties, and this year we have gone in and mowed them on a monthly basis is what amounts to, to try to keep the rodents down and stuff. Because that’s exactly what happens, you get rodents in there. You get rats, snakes, all them that are nasty. And that is why I told Ms. Jones, the borough at one time, three four years ago, we were actively collecting stray cats. Now we refuse to pay to collect a stray cat because now these stray cats are helping us to keep these rodents under control. Councilman Noll said what we are doing, is actually liening the properties. We may not see the money for ten years. Councilman Snyder said it’s a very long process and unfortunately there is no way for us to side step it. We of all people, everybody wants to go to someone that has the deep well and number one we don’t have a deep well. We probably be instituting a half mill tax increase this year, to put in strictly for property maintenance. And its going to be going for more properties that we are going to maintain to mow. Each mow costs us $75.00. Once its mowed, we start the process all over again. We have to post the property, have to give them ten days notice to mow, we know that they aren’t going to mow so the earliest we get back in there to mow again and the earliest we can get in there to mow is thirty days. I mean this is the problem that a municipality faces. All I can say, I am right there with you, probably everyone on council is right there with you. Because we are such a small municipality, I live right next to one of them. I know the Vice President lives right across the street from the one at 230, that the borough is getting ready to condemn. Barry I think lives a couple houses up from this one here on Broad Street. He lives at 155. Everybody is, we are all neighbors and we all have the same problem here. Its not an easy fix. Councilman Myers said what’s bad about this house versus the other houses, is I’ve been in that house several times, when we had the garage fire, helped that. Went into the house for the electric and stuff. It’s a mess. The disadvantage for the fire department is two, the houses are very close there. How can a fire chief, knowing what, and they know, fortunately our fire department knows what is going on up there, how can a fire chief honestly in his right mind, send four firefighters in there to fight that fire, knowing the house is the way it is and kill a firefighter. So if you let it burn, his house goes. It puts the fire department in a very, very difficult situation. When somebody has to make a decision on what they are going to do, lose a house or lose a life. Okay, that gets, what does he do at that time period. Its not going to happen, its not going to be a plan, you can plan how you can fight the fire, but you know exactly how the fire is going to start, is it just going to be a little bit. They can go in and take care of it. If it gets hit by lightening and we don’t see it, it hits near the chimney, you know, the attic catches fire, and they have to try to get through the house, to get up there. It creates a real problem for our fire departments to deal with that house. Cause it puts them in a real predicament, if they don’t go in to fight the fire, those people are going to be pissed at the fire company because they didn’t fight the fire but yet, send the firefighters in to fight the fire and somebody gets hurt that family is going to be pissed at the fire chief, because the fire chief sent them in to take care of house. We know the house is empty, so they aren’t going to purposely go in and do a search in that house. If its really bad, a lot of smoke, they aren’t just going to do it. Not going to risk a life to do that. So what do you do? Councilman Strausbaugh asked do you know how many vacant homes that we have? Councilman Snyder said seventeen. Ms. Jones asked of those seventeen, do you know which one is number one? Councilman Noll said let me give you some background on everything, so you don’t get the impression that we aren’t doing anything. We spent last year, that was one of the first things that we did, this winter. We went around with the entire council, took photographs of all the houses and rated them. We have a group that we are working on now, worse of the worse. Councilman Snyder said and that was one of them, by the way. Councilman Noll said we probably spent five to six thousand dollars of legal fees this year researching all of our options because the problem is getting as big as it is. We explored things like condemnation, trying to figure whether, all the things that go with condemnation, we looked at things like Habitat of Humanity and what they can do. I’ve got information about blight pools. We’re looking at all these programs, the problem is that none of these are easy, they all take a lot of time and a lot of money. We’re in a quandary as a borough, we have responsibility to our residents at the same time, one property could cost us thirty to forty thousand to abade. We’ve got on one of the properties, we’ve gone as far as, getting estimates for one of the properties to demolish the house. All together we are looking at about $50,000.00, there are legal fees in it. What we have to do to demolish, restoration, to take care of one property that is abandoned and someone walks away from. So its not something, that we aren’t concerned with, depending how bad the problem is in the county, we recently worked with the municipal managers group, the county is actually forming a blight committee for the entire county. Because right now York City, some of you may or may not know, the housing authority goes around looks and can actually deem properties based on a set of criteria set by law, as whether they are blighted or not, which helps move the process of condemnation and other tools that municipalities have. That doesn’t really exist in any other part of the county because nobody has the amount of people and the qualifications that you have within the municipalities to do what York City does. The county is actually seeing the need, working together, and I’m in communication with them constantly about blight committee that is county wide. All the municipalities would be covered which does several things for us, not the least of which is, it is very easy to say, oh Joe doesn’t like me and my property and says that is blighted. When you have a county wide board, covers Dillsburg, Fawn Grove, Hanover, its gives that legal standing a much better chance of sticking. That’s what the county wants, get a group of qualified people together and they are hoping early next year, they can go to the municipalities, once that committee is formed, declare them blighted then we can start going about the legal process. We also have things in the building code, we are using the international property maintenance code and inspecting and citing people. When we cite it takes long for those violations to accumulate to point where we can take the full legal action and there are a lot of games that people play on how they remedy, if they start to remedy then the clock starts over. Games that people play to close the loopholes on that. The other thing we use is the actual building code, which is the international council’s ICC, International Building Code, a state law, declare the property abandoned and make them uninhabitable, its not as easy of a process as it sounds because you have catch people moving there. Its not as easy seeing people coming in and out of their front door, prove in a court, that they are living in that property on a full time basis, not to fall into a deficiency so there are a lot angles that we’ve been trying to do. Pretty much everyone on this council has spent a lot of time and effort trying to figure out. The first and most important thing that we need to know, things that the property is abandoned, and we can start citing it a little different way. We can start looking at it, but I will tell you this, its not going to turn around tomorrow, next week, next month. It can take a very long period of time, to move through the court process and other things. That’s the big thing, if the borough puts all the money behind it. We’ll definitely be doing the simple things up front, records on the house, citing the house, make it easier when it eventually shows up in court saying, here are the citings, here are the deficiencies, we can do those types of things. At this point, we’ve had a lot of talk, we have been very hesitate to spend $50,000.00 to solve one issues, and go back to the taxpayers and say by the way your taxes are going up $100.00 next year, whatever it is. Mrs. Jones asked are you saying that the first place you start is with the person that own the house, they have to sign something? If I gave you names and addresses would you go to them, or no, write to them or a legal thing to sign off on. Attorney Springer said they don’t legally own the house until they probate the estate. Under PEP Code, they have 21 years to probate the estate. The thing about that is, they could lose their interest in it if they let it go, but one thing, getting to what Seth Noll was talking about, you have to formulate all this debt, taxes, citations, take it to a purchase sale, you have to notify the mortgages anybody has interest in the property, who has liens on the property, it’s a pretty lengthy process. Its all in consideration, protecting property rights, then you run into what is here, nobody wants the property. So you have to jump through all these hoops, protection of the property rights just to show nobody wants it. Michael Lightner, 98 W. Broad Street said my wife and I actually discussed another angle to get the council’s opinion on, is if it goes to Sheriff. I stand out front and say yes I buy it. I’m not asking for a handout but the fines and stuff like that, if I give you a timeline of destruction, landscaping, a timeline. Would you be willing to work with me on some of the accrued fines and stuff like that. We’re thinking that every dollar costs more, that I currently can muster to make that happen. Councilman Snyder said absolutely. Let me tell you how this works. Number one the fines all go away, the only thing that does not go away is liens on the property. Mr. Lightner said I understand that. Councilman Snyder said now we have no control on the liens that the municipalities didn’t place on, so like if the water authority had a lien on there for $3,000.00 we have no control. Mr. Lightner said I already have an appointment with an attorney, to start to research what liens are out there. If it is anyway feasible. Councilman Snyder said what we have to do at that point, and that’s the whole problem. We have to determine ownership, once that would sold at sheriff sale, that then starts the ball rolling all over again. And we would have to give you notice as a property owner, saying you have 30 days to fix it up. I can guarantee you, just what you hear here at council, we have so many issues. All we care about is that someone is working with us to fix their problem. We gave thirty day notice to someone to tear down a barn that was in risk of eminent collapse. Well it was going to cost a couple thousand dollars to tear it down, they came to us, they actually went to the code officer and said hey do I have a little bit more time, she gave them a total of four months. Its still not completely gone, its down, the foundation is still there, still a little bit of junk there, but the eminent threat is gone. She is still working with them. She hasn’t cited them for the junk that has accumulated there. All we’re trying to do is to get people to fix up their properties. And we’re not here to hammer anybody. However the problem that you were so lax for so many years up to this point because you did get those sob stories. Well Grandma can’t afford to put in a new sidewalk. Or you got new family moving in, I don’t have the money to repair the sidewalk. That’s what we have 80% of sidewalk in town looking like it does. So we’re trying to address them in a reasonable fashion but in a fair fashion as well. Yes if you were to buy that. Councilman Allar said I think we are talking the same thing, what you are going to do and when you are going to do it. We know your schedule, we know your progress, we are flexible. Dallastown Yoe Water Authority is owed, maybe we can negotiate a low fee or something. We haven’t talked to the authority but we are all in the same boat here. Get a property back on the tax roles. Get the water authority to be willing to negotiate. At some point we are going to have a person in there paying the water bill. So these things are. Mr. Lightner said my idea is to add it to my property to increase my property value. If I can add this property to increase its value, property value. Ms. Jones said you have a small yard anyway, good to add on. Councilman Noll said one, you don’t need a lawyer, you may want to go to the courthouse and look at the county records, its relatively easy to do that. Search the county records. But the most important thing is to establish ownership. You have found out the person passed away, who is the owner of the property. Notice of potential heirs. If she is the owner, get a final resolution from Christine. Attorney Springer said I don’t who is the owner. Councilman Snyder said to find who the executor of the will but if they are not going to probate it. Attorney Springer said you don’t necessarily need a will. But like we were talking earlier if, the property had a value. Do you know their attorney? Ms. Jones said no I don’t. Attorney Springer said if they just walk away from it, title of the property is in limbo. I guess we can do that if you provide notice to the potential heirs of that property. All this is going to take time and again. I just got Christine’s phone number, and reach out to here to see if you would do a quit claim, and see if we can push this someway or another to a final resolution. You’ve got to talk to anybody that has liens on the property, get them to do a quit claim and so on and so forth. So there isn’t anyone that has a claim on the property and never received notice and you took it, you sold it and so on and so forth and Yoe Borough’s get into it. We’ve really gotta dot the I’s and cross the t’s before we do anything. Councilman Myers asked but there is a mortgage on the house? Attorney Springer said I was told the mortgage, the bank has it. Mr. Lightner said I think it was a home equity to put a roof on the garage and the back of the house. Councilman Myers said the fire was at least three or four years ago. I was still the fire chief then, my sister in law lives next door, she came home late at night and seen smoke and came up to my house. Over two years. Councilman Noll said every property, has a lot of things and takes time to do it. We talked to one owner for over year, happened to run into someone who was leaving the house. Councilman Myers said the one house at the end of Broad Street, York Township has been fighting with them for how long. That’s been awhile. Finally mowed it two weeks ago and did some work to the windows because I went down and walked around, closed up so more. That’s been going on for ages. Ms. Jones said that house doesn’t seem to be falling apart like Susie’s house. Councilman Myers said it’s a matter of town, all I’m saying is York Township has deeper pockets than Yoe Borough and look how long its taking them to go through the legal process to get where they’re at today. Councilman Noll said I think our message is, its not that we don’t care, its trying to figure how to go about it. We’re going to put it on our list, I’ll talk to Patti a little bit. Get some legal history about the property. Get information on ownership, on the taxes. Mr. Henderson of 107 W. Broad said we are concerned about a lot of things. I understand that this takes time, but I don’t know if this house is going to be standing in two years. I have gotten a contract with a pest elimination company, because of the stray cats, I’ve been infested with fleas four times. Ms. Jones said cats live in the house, the house smells. My wife called the animal control, and her voice message says I don’t pick up stray dogs, I don’t pick up stray cats. Mr. Lightner said I understand about keeping rodents down. My four year old was at the doctors for flea bites. Its very embarrassing. Councilman Noll said one of the issues about mowing the property, where we can’t tell you you can do it. Councilman Myers said there have been some other neighbors have done this elsewhere in Yoe, but we can’t tell you to do it. Mr. Lightner said we had a short conversation about taking it on as a community project. Reach out to the daughters and get a letter some kind of documentation, to say we can go on to remove the trash from the front porch and mow the front bank and mow the back yard. Ms. Jones said the sewer system is not working. It obviously going down to the basement. There were fifteen some animals that were taken out of the house. Mr. Lightner said seven dogs and countless cats. Ms. Jones said someone and removed some of the animals. Nothing was removed and taken out of the house. There is food in there rottening and smelling. Attorney Springer said are you saying that there were cats that were removed or that there are some remaining? Ms. Jones said there were five removed, but there are other cats that are getting into the house through an opening. We can see those cats inside, they are getting in perhaps through the roof. Some have scattered, we don’t know really how many there are. There are a couple of old mattresses out. This can cause breeding. They need to be put out to the trash. Mr. Henderson said if we spoke to Chrissy and Brenda, and sent a letter out to ask if we could clean up, is that something that we can do? Attorney Springer said they don’t have any authority to give you that. First step is finding ownership. They have to provide a notice to proceed in case of liabilities incurred. A resident asked if someone buys the house on September 26th at a sheriff’s sale, gets the house, would they be responsible for back taxes, etc? Councilman Myers said do your homework before you bid on a house. Go to get county records, go to court house or Sheriff’s Department. Mr. Henderson asked if the property is not probated, how can the Sheriff’s sale go on? Councilman Snyder said we were just discussing that. If the Sheriff’s sale isn’t going to be stalled. Attorney Springer said they could pull it at the last moment. If they don’t do their homework. They would notice to the last known property owner and the theory is, if they would probate the estate, then there should be a lis pending filed on the property, letting everyone know on this property, their rights. A resident asked who puts the notice up for the Sheriff’s sale? Councilman Myers said the assessment board from the county. Attorney Springer said theoretically with the estate there is nothing there. If a homeless person comes up and punches and breaks a jaw, are you going to sue them for what? This is one of the number of properties that we need address, the town recognizes that these properties, not only in Yoe Borough but throughout the county, that need to be addressed. There are different tools that the courts have developed but they have not developed with the frequency of these blighted properties. Councilman Snyder said a lot of problems would have been solved if it goes to the Sheriff’s sale. Councilman Myers said we are lucky there are only seventeen, a lot of other municipalities,seventeen is nothing. There are small towns that are smaller than us. Councilman Noll said a lot of the tools have only been out a very few years. Everybody is learning, there is a lot of legal things. Whether its 100% constitutional. Councilman Myers said come October/November when we do the budget, we are going to be pulling our hair out. Where are we going to get the money to do this, what do we cut, do we cut police services, fire services, what do we cut? Ms. Jones asked if Chrissy or her sister do anything, claim on the property, exercise ownership? Councilman Snyder said that would be nice if they do that, then we would have legal course by making a claim on the property. If they do exercise ownership, that would help us. Councilman Myers said you have to be careful by entering the property, say something stupid happens, say the house gets fire, then the bank that has that mortgage, they are going to see you. Be careful. Councilman Snyder said the borough is not sanctioning you to do it. The resident said we don’t know anything. Thank you for coming, we have an open door policy, feel free to give any of us a call. A resident asked as a community can we clean it up, you mentioned Habitat for Humanity, would be able to clean it up to say the money? Attorney Springer said the problem is, say clumsy Jack,says I want to do that too and falls through the floor and breaks his hip, now is the borough responsible for his liability? One resident asked if we get signed papers that we can be on the property? Councilman Noll said its unfortunate but that could be challenged, we have to be careful. Its very unfortunate, that we can’t be a community anymore. One resident said the biggest thing is concern for Mike, the smell, the fleas, the broken down porch and beams, without any help from us. Councilman Myers said what you are saying don’t park in front of the porch. Mr. Lightner asked about contact information for the borough. Mr. Lightner was told to check out the website. Councilman Snyder thanked everyone for coming. Any other visitors that would like to be recognized?

Solicitor’s Report
Attorney Springer said I did reached out for CDBG funding and addressed the issue of blight. I put that on hold because up until we had 92 W. Broad, for 230 Main Street we decided to wait until tax sale. We have filled out the application for CDBG fund right now. I don’t know if we have any update on the status of that or not. Mr. Malesker said I inquired about that with Joiann, she said all the current funds are spoken for now, but they will keep the application on file if any projects are cancelled or get any additional funds. It may have to be resubmitted next year, when the new cycle starts, it will have to be resubmitted. Councilman Noll said put that on your list. Mr. Malesker said you can pick it up on short list. If it goes completely unfunded, we have to resubmit, the good thing about that is we have it done. Its just a matter of execution of the forms.

Attorney Springer said the Inter-municipal Insurance Pool Ordinance and the Tax Collector Ordinance, and everything is wrapped up, advertised and ready for adoption tonight. Councilman Snyder said Ordinance 2013-02, an ordinance changing compensation for the tax collector and setting fees for failure to file timely reports and remittances. Everyone had an opportunity to look over the draft. Except for some verbage changes made by the solicitor, there has been no changes of sustenance. Any comment by council? A motion to ordain Ordinance 2013-02 by Councilman Noll. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said so be it ordained.

Councilman Snyder said Ordinance 2013-03, an ordinance authorizing the borough’s membership to the Pennsylvania Governmental Risk Management Association, and participation in the local government risk pool as given to us by our new insurance carrier, which we already signed. Any discussion on that? A motion to ordain Ordinance 2013-03 by Councilman Myers. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said so be it ordained. Along with Ordinance 2013-03, there asking for the governmental subdivision to appoint an individual and alternate to be a member of the Pennsylvania Government Risk Management Association, referred to as the pool. I need that signed, someone from council. The Vice President of Council will be the member and the President of Council will be the alternate. A motion to appoint the Office of the Vice President of Council as the individual and Office of the President of Council as the alternate by Councilman Strausbaugh. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. Attorney Springer said every year you will need a resolution when your premium is due, to file as record. The resolution authorizes for the purchase in the next years.

Attorney Springer said the lien for 196 S.Main Street is nearly finalized. Some details need to be put in there, and will be filed immediately upon completion. I wanted to bring it to borough council’s attention a recommendation, the Yoe Borough Code shows the International Property Maintenance Code wasn’t adopted in its entirety. Only adopted for the renters. Councilman Noll said it was adopted for everybody but the sections that were adopted were for the exterior of the building. Councilman Snyder said we did adopt it for everybody but only Chapters 1, 2, 3 and 5. Attorney Springer said the enforcement provisions seem to be for only rental properties. Mr. Shearer said its adopted in one chapter to be applied to rental structures in its entirety with the exception thereof certain portions. What they are talking about for every property, adopted only certain portions. A rental property you have more of an ability to use it in its entirety. But Patti is going to use portions of it for a non rental property. Attorney Springer said that could give the borough some teeth if you were to, adopt an ordinance to adopt the entire Property Maintenance Code with regards to everything. Then we could act on some of these properties. Councilman Noll said we don’t have all the chapters, we don’t have to use it but I wanted the code adopted in its entirety. Our arguments were well, the outside of a privately owned home, don’t necessarily want to get in there and have that authority. There are instances that have that stench to have that ability. Attorney Springer said it’s a nightmare if there is a situation of a hoarder. The outside may be nice but the inside? I strongly recommend it. Mr. Shearer said we talked about this three times. Something Sandy and I have told you, that its something Code Administrators would like. Actually the property discussed tonight, 92 W. Broad, Patti and I have had conversations about trying to get inside that structure. Because we were aware that there were conditions inside that structure that we probably find that weren’t in compliance with code, possible hoarder situations, vermin, the whole nine yards. What we did there, the gentleman that they referred to, as the renter. This year I sent a letter to Ms. Cummings, saying she pay fees to see what response we would get back. Try to use the rental portion to get inside the structure, she passed away before that happened. We didn’t have the ability to get inside that structure. Everyone at this table, when we get into the situations, with hoarders, the police and ambulance notify us of the situation they are in and we can’t do nothing about it. We don’t have any enforcement to get in to do anything about it. Councilman Noll said I think what everyone has to realize, the code is very good if you go for a building permit, that is one way to get in. International Building Code is the only part of the building permit to get into the property. The International Building Code is the enforcement mechanism. Councilman Allar said the state has adopted the building code, but not the maintenance code. Councilman Noll said when the state adopted the ICC, they adopted specific books, fire code, energy. The International Management never formally adopted through state law. The code that is out there, we rectified that situation by adopting the sections by formal, a couple months ago. With the chapters that we’ve adopted, appointed Patti the person who is the enforcement officer. But you are 100% right, the rest of code, I have a copy out in the truck, we really have no other way to gain access to the property. You are looking at issues under the life safety issue. Attorney Springer said what would be objection of adopting the ICC in its entirety, after hearing the benefits? I wasn’t sure why it wasn’t adopted, and what the objections were. There is an legal procedure. Councilman Noll said what it does it gives a tool to get into the property. The things are contained within the chapter of what we can look at in that property. Councilman Snyder said I think we are getting confused on two separate issues. The whole thing came about that Seth feels, the money we are putting out for trash pick up and maintenance re: mowing of the yard, he feels we can not collect the legal fees from filing these liens. Attorney Springer said the International Property Maintenance Code allows you to do that but the ordinance would have to authorize that as well. If the borough authorizes and adopts the International Property Maintenance Code, then you can pursue the rest of the legal fees. Councilman Snyder said so the question is, can we adopt an ordinance authorizing to recoup legal fees with only adopting the chapters that we have in the property maintenance code, or do we have to adopt the ICC? Councilman Noll said to do it without being challenged, you have to adopt the whole thing. You open yourself up. Attorney Springer said and going towards that, not that what change the conservation, I just wanted to put that into everybody’s head as far as the adoption of the International Property Maintenance Code in its entirety, I looked into this issue of posting of the roads and PENN DOT. I reached out to PENN DOT, turns out I spoken with Dave Malin of PENN DOT’s regulatory wing, he referred to various sections of the PA Code 67 Section 189. The studies have to be done in such a way. It made me wonder when I received the studies from Mr. Bubb, because they didn’t actually suggest anything. He says that he had done the study to try to consider whether these road postings are needed. And then when I called him to follow up, he said well the studies themselves indicated that they were needed just by the fact that they were done. I reached out to PENN DOT, Dave Malin knows Mr. Bubb. He told me he needs to define certain things. So the borough should call him up and ask for the findings. Suppose to be a structural number associated to a specific rate restriction. It works on a structural analysis rated by easel, one to five. There are 22 elements. If he does it at one study, then he can refer to that one study in other studies. But there are rules for this that have to be done. So I said so that means we have to adopt another ordinance? We are going through, lets get the studies correct. Mr. Shearer said let me do research and get that to you tomorrow. I also think he is missing a portion of 67 or 75 of the Motor Vehicle Code that allows municipalities to post weight restrictions for safety. Its not so much a structural, he is talking about easel. Mr. Malesker said an easel is an equivalent single axle road. Mr. Shearer said that is one of those numbers we use to build roads by. Its not a weight limit per say for structural, its not that the road can’t handle that weight limit, except for safety. Its kind of gray how they word that. It allows us to say we don’t want trucks on that road. I’ll have to pull that information, it might even be in the Federal regulations. Attorney Springer said from the information I got one of them is about core borings. A structural analysis, if you fall under the core borings element, you want to show, the depth of asphalt, depth of stone. That’s going to amount to x number of easels, they equate that to a structural value over a twenty year lifespan. If you want more information, look at PENN DOT Design Manual Four of the National Standards. I don’t know if there is a way around it, this was coming from PENN DOT. If you want it enforceable, he has laid out how to do it. You have commissioned to do this study, Mr. Bubb. Mr. Shearer said it can get into bonding of the roads. You would have to take a structural analysis, to determine what the weight is, put in a ordinance to allow traffic on the road, that they post a bond for damage on it. That is what they do up in shale country. That’s not something that anybody around in York County that has weight limit on the road has done. Councilman Snyder said send the information to Seth. He is looking at structural element. If you have a different part of the law, that it’s a safety issue, you can still post it. Seth can look over it. It could be either, or. You can see what we have is sufficient. The mayor reported to me, the gentlemen on the weight restricted road got the best weight lawyer in the five county area, talked to the police department, got it down to a $500.00 fine. Mr. Shearer said you have to remember that PENN DOT, they are not into limiting traffic on your road, that’s a municipality. I’ll pull that information tomorrow. There is a way that allows us to do that, that is Mr. Bubb has been using all these years to give everyone their weight signs. Mr. Malesker said what Seth is talking about is an engineering study not a traffic study. Councilman Snyder said make a recommendation at next month’s meeting. Councilman Myers suggested another traffic counter, to see what kind of traffic is going there, for our information. Discussion continued. Councilman Snyder said we put that back to your to do list ,item number four. We’re are still going to look at item number 3. You are saying, its your opinion, in order for us to do an ordinance, to recoup legal fees, we should adopt the full IPMC for this other chapter. Or can we just tack that unto our ordinance that we will charge reasonable legal fees if we have to site you under this chapter of our ordinance. Attorney Springer said I’d adopt the whole IPMC in its entirety. You want those tools. Councilman Snyder said then the discussion here at council, that’s been the sticking point for years, do we want the entire IPMC for homeowners as well. Clearly without having his bill, just to file these liens it gets expensive, which is five six hundred bucks to file a lien. We are waiting until the mowing season is over to file them all. We are actually in a position right now, where we may lose that on one property, because 197 S. Main Street, the Ali property they asked for a tax cert on that property, so all this lien money we are holding back, we didn’t lien it on time. If that is sold this month. Discussion continued on adopting the whole IPMC. Councilman Snyder said you would be amending Chapter 5, part 3. Discussion for council in order to collect these lawyers fees we would have to put the property maintenance code unto the property owner. Based on the discussion and with the last few years of this problem, I’m tired of seeing us going down the rabbit hole, and its not going to go away, we have to get some of this money back. These lawyer fees are eating us up. A motion was made by Councilman Noll that we adopt the full current copy of the International Property Maintenance Code with subsequent revisions as they become available, to cover both rental, which is already in our code and privately owned home, adopting the entire book, cover to cover, with ordinance language. The motion was seconded by Councilmen Strausbaugh. All in favor. Councilman Snyder said motion carried.

Attorney Springer said the Locust Street property has received its tax exempt status and the tax bill has been exonerated. The deed consolidation is ready, I’ll have that to Sam by the next meeting and then file it.

Attorney Springer said, I found out at the Municipal Law Coalition, Allentown is an ordinance that they passed, that requires that mortgage companies register with the municipality when any of their mortgages go into default. Actually what they do, they require a register agent. So if one of their properties go into default, you go to that agent. You have somebody to go to. Its worth consideration.

Councilman Snyder said we need to follow up with Dana on item number 4, weight restrictions.

Councilman Snyder said for item 3 prepare an ordinance for us to look at next month.

Councilman Allar said going back to the liens again. Last month, I told you that the code enforcement/zoning official said about putting a lien on the water bill. Barry and I talked to Connie Stokes, manager of Dallastown, as well as the Dallastown Yoe Water Authority. The property if the water is cut off. Councilman Myers said before the water is turned on they get paid. Been successful. Councilman Allar said if they mow the grass, either the borough or a private contractor, add that unto to the water bill. Attorney Springer said I checked with Charlie right after the last meeting, he did confirm that is a practice done however, its itemized. They can pay the water portion of it, but not the grass cutting tacked on. Then the water authority does not have any grounds to not turn the water on. Question is how many people will know to do that. It’s a mechanism to recoup some money but if challenged it wouldn’t hold up. Its worth trying. Councilman Allar said I talked to Patti, right now we could do that with 230, 187, 158, 196, 197. Councilman Allar said when the water is turned back on, then those charges would be paid. These are properties that we are working on. Those properties are appropriate to do something like. We notify Connie what the amount is, she will bill it. Councilman Snyder said we can do that once the liens are filed on those properties. Councilman Allar said they don’t wait until liens are done. Trying to save the borough monies, for liens. Councilman Myers said do you have any history of anyone fighting it, they pay it. Councilman Noll said why don’t we do a test case. Councilman Myers said it’s a paper trail. Councilman Snyder said that is one there is a folder on them, 197. A motion to have the secretary send documentation to the water authority to get enumeration when they pay that to water authority. Attorney Springer said if not paid within six months, to file a lien. Attorney Springer said I think it’s a good idea to add it to the water bill. The secretary is to send the bill to Dallastown Yoe Water Authority for 197.

Engineer’s Report
Mr. Malesker said I have for you tonight, is the MS 4 Report to go into the binder, it was submitted June 5, 2013. I have a cover letter for goals for next year. One requirement, is MCM-1, you are currently distributing the rain or drain pamphlet, if you hand them out at the carnival, you will meet the requirement. You have to have one public meeting per year for MS 4 requirements. Councilman Snyder said to have the secretary to advertise for the next council meeting at 7PM to discuss the Annual MS 4 Report, and Mr. Malesker give an overview to the MS 4 Report, and we meet our annual public meeting. The secretary will show the proof of pub in the binder. The agenda, it will show the Annual MS 4 Update and report. Mr. Malesker will go over the minimum control methods. The carnival is next week. Councilman Strausbaugh did sign up. Mr. Malesker said its an educational thing, print out the sign up. There are slots available.

Mr. Malesker said we did briefly talk about the CDBG grant. We will see if anything comes available or any new funding.

Mr. Malesker said I haven’t heard anything about the Emergency Action Plan. I know it was resubmitted and wanted six original copies. So I assume that is approved, not sure if they are sending anything back.

Mr. Malesker said I did send an email today about the CDBG disaster relief funding that became available from YCPC for storm damage related to Hurricane Irene/Tropical Storm Lee, only. I suggested to Joiann, FEMA money covered what was damage at the gabions and underpinning, that was fixed. What FEMA didn’t cover was the rip rap placement, I suggested to her that we look at that. She said this is for things that FEMA didn’t cover, she felt that was a good idea. We already have the permit, the rip rap was permitted when we did everything else. We have the permit if this goes through, at no cost. They were going to do the application. She was going to check to see if it was legitimate. This is going into the actual channel. So the areas of scour that are in the channel, that is what FEMA wouldn’t cover. You can’t replace any more gabions. FEMA didn’t see anything else that was damaged. So the scouring was noted, the scour still exist, areas where it is still really deep. A motion was made by Councilman Noll that in the event that YCPC does go for the grant, to have Mr. Malesker apply for the grant and if York County is able to do it, to put in for the money to fund, and let them know that we want to do it if its an appropriate funding source. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

Mr. Malesker asked did you get a letter from York County on the Chesapeake Plan. Things under MS 4 requirements, to submit a reduction plan in 2014. We were going to do that for you. York County is proposing to do that, but you have to opt in. They sent something that you need to sign at the end of July, but they are still accepting. You can be under their plan. It still needs by tailored to your municipality. It should save you. Its non binding, if you don’t like their plan you can opt out. No disadvantage. Councilman Noll said I make a motion we opt in to the York County plan for the Chesapeake Bay. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. The secretary will email Felicia Dell tomorrow, we agreed to opt in and need the signature page.

Councilman Allar said Steve, I asked Jake to contact you on the Growing Greener Deadline. Mr. Malesker said I know he sent that email out before, he was trying to do that trade off mitigation thing. Councilman Allar said this was on the section of the plan up on Water Street, that phase. I think we missed the deadline. As far as the township, Jake is working with the Sage Hill Development, they have a storm water management to do with the engineer and Scott Depoe from York Township, right about our basin. It will open up 4,000 square foot of capacity. The staff is accepting. He came a few months ago, about the Fish and Wildlife Technical assistant grant. He is going for a county wide technical assistance. Yoe should put in, with storm water issues. Application is from October 1 to December 1. Decision on January 1. Councilman Noll said we already gave him the go ahead on this. Councilman Allar said we are still going to have to put in some specifics, is he just to go ahead and you are going to sign it. Councilman Noll said he told us how and what is going to be applied for. Councilman Allar said so you don’t want him to come in and talk about it? Councilman Snyder said we made a motion for him to go and put in for this Growing Greener Grant. Mr. Malesker said we had the cost estimate from previous application, it was applied for and had all the paperwork for. Councilman Allar said he didn’t see it that way. Technical assistance was done.

Councilman Snyder said when you were talking to him, is he working on the DEP reimbursement for the Growing Greener. The secretary said on July 31st, he said he would have everything to the borough by the beginning of the next week. Councilman Allar said the as built is needed from the contractor. The planting table is needed as part of the as built. Councilman Allar said the secretary should have that by the middle of next week, if not let me know.

Maintenance Report
Mr. Shearer said I will not order new signs where it needs to be, since there is a question on weight restrictions.

Mr. Shearer said the other month we talked about doing the paving, you gave me some initial approval, you remember we did not get that done under the old contract so we had to do it under the new contract. On the backside of the maintenance work is a scope of work, that was prepared in cooperation with Gary Tipton from PENN DOT Municipal Services, he is giving us the project number. We have the scope of work and a sheet from Fitz and Smith. A table of calculations of material estimates off of our equipment and materials bid. Its shown by each road. And two projects of Mason and Broad Street. The estimate is $19,089.00. I think you previously okayed the work. Second thing is the alternate for Broad. Emails about the complaint of Mr. Harper on Broad Street. I looked at that when Gary was done, to update the work, I took him up, we looked at the curb there. Basically I don’t see that there is a real problem with the road at the curb line. In front of Mr. Harper’s house, there is 10 to 11 inch curb reveal. A lot of it is high. The problem is right next to curb, tight against the curb it slopes away to where your car sits, helps to lower that done. They can’t open their doors. There was a patch that was constructed there, I’m not 100% sure what that patch is, its not our patch. Through time of natural setting of the road, it has dropped somewhat. I explained to Mr. Harper, what hurts that side, if you have a snow emergency to limit parking on that side, snow shows up there, it’s a north facing aspect of the hills, which doesn’t help. The water will tend to hold in there more and a little bit more damage to the road. The only short term fix would be to build a notch, six foot wide from the curb. Place a bed of 9.5 mm superpave in that section for a distance of 160 some feet. That would to try to elevate. We can taper it down. As you can see is, $3835.00, $635.00 is material, the rest is labor. I am throwing it out because of the complaint. I do not know if $4,000.00 is a fix. Somewhere down the line we are going to do to that portion of the road, the water lines will end up being replaced, sewer lines, whatever else. We talked to the water company, to get an idea of what we can do to the rest of the road to fix it. Councilman Snyder said the issue will come up again, they have no other parking except on street parking. There is a ten, eleven inch curb reveal, they can’t open their car door. So the issue isn’t going, to go away. He said I can’t effectively access my property. He said the road is sinking, he can see water shooting out of holes at the curb line. Mr. Shearer said what I observed, what he is seeing, because there are no storm drains in that area, it has to flow past his house. He is seeing the water go past his house, what he is seeing water coming off Mason Alley around the curve, where the patch meets the existing pavement. It is starting is wearing away. Its not a finished wearing course, what is happening there is that its moving the asphalt away and as it is coming down full force its shooting up. Its not coming from the ground. Councilman Myers asked is that going to raise it so he can open his door? Mr. Shearer said he’ll get about two inches out of it. Councilman Myers said it will fix the problem of opening the door? Councilman Snyder said he was able to open the door before. Mr. Shearer said I truly believe the patch has settled, you can see that it looks like its easily dropping some. Councilman Myers asked what is the square footage of this patch? Mr. Shearer said 165 long by six wide. Councilman Snyder said there is a bigger problem there, than just his house, the whole area is sinking. Councilman Allar said putting another patch on it, isn’t going to stop it from sinking. Mr. Shearer said more asphalt open an existing patch. Councilman Snyder said under normal circumstance, with the water authority wanting to do more work, absolutely I hate to put something in and tear it up the next year, but at the same point then you end up getting, like these people up on Yoe Drive after ten years are still waiting for an overlay. That is my point, this four thousand could solve the problem, in ten years when the water authority, sewer authority is not in a hurry. Mr. Shearer said you are going to overlay that road, if the water authority takes that long, then they are out of it. We are going to put more asphalt on top of the road. Councilman Noll said lets see what the water authority’s schedule is and revisit this at the next meeting. Councilman Snyder said we have a duty to maintain our road, you are effectively keeping a resident from accessing their property. Someone did a road cut, they paid a road cut fee. Discussion continued. Mr.Shearer said you have a contract in the equipment and materials bids. You have a contract for equipment and labor. Councilman Myers said I think we need to wait until next month and talk to Dallastown. We have complaints from neighbors on Broad Street. Mr. Shearer said I’d like to use some kind of poly spray or patch, either we go at it with cold patch. I would get Gary back, and work it out. He is talking at the very end of Broad Street near Orchard St. Discussion continued. Mr. Shearer said I will get back to you at the next meeting, new project number to do it together. Councilman Myers said $4,000.00 seems awful high for that patch. Discussion continued. Councilman Snyder said get back to us next month and let us know.

Mr. Shearer said you have the report, the arborist report. Councilman Snyder said it speaks for itself. A motion was made by Councilman Allar to send a copy of the arborist report along with a notice from the code officer with corrective action. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said the code officer has to notify to abate the nuisance, I think its thirty days. Councilman Myers said he will let Patti Myers know.

Mr.Shearer said there was a request from Officer McGee, about the tree at N. Maple Street and W. George Street instructing that the tree is blocking the stop sign. Looking at the tree, it is probably the next one you probably want to look at. Councilman Noll said can we make a formal request to the homeowner. Councilman Snyder said we have an ordinance. Mr. Shearer said the problem is, it blocks the stop sign, take a look at that, its as dangerous as any other tree. Looking at that tree from the center up to the top, there is a lot of dead, stand at the stop sign and look at it. To me it’s a hazardous tree along a right of way, it obstructs the stop sign. Councilman Noll said to send a notice that the tree needs to remove because of the condition. Councilman Myers said he will inform to Patti Myers.

Zoning and Code Officer Reports
Councilman Noll said the report is here.

Emergency Management Report
There was no emergency management report.

Mayor and Police Report
Councilman Snyder said everyone had an opportunity to look over the mayor’s report. Any questions and concerns? The police report is 24 calls, 3 accidents, 17 citations, 1 misdemeanor felony arrest. The service hours are 32.75 and administrative hours of 32.59.

Secretary’s Report
The secretary reported time for free yard sale dates. Council decided to set the dates for three dates: Friday August 30, Saturday August 31 and Sunday September 1, 2013

A motion was made by Councilman Myers to appoint Rodney Smith to the Yoe Borough Sewer Authority effective 3/6/13. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried.

The office will be closed August 9,2013.

Councilman Snyder said we have updated statement of values for our new insurance carrier.

Councilman Snyder said we haven’t received notice as of yet from Gail Koller when the change over to the new park rental coordinator. They have to coordinate on a date.

Councilman Snyder said have an agreement with Ellis Wildlife Pest Control. $125.00 for a set up fee, $65.00 for wildlife trap with the borough checking the traps. A motion was made by Councilman Myers to accept the contract agreement with Ellis Wildlife Pest Control with stated costs and certificate of liability insurance which has been provided. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we have the 2014 contract for animal control. Hemler is retiring from the business. The secretary asked if the contract needs reviewed by legal counsel or for anything to be added. The fire arm part and a copy of the license to carry a fire arm was added to Hemler’s. Councilman Snyder said there was a hold harmless agreement and a indemnity form that had to be signed at that time because of having a gun. A motion was made by Councilman Allar to sign the contract with Michellee Klugh after the signed indemnity is signed for animal control services in 2014. The motion was seconded by Councilman Strausbaugh. All in favor.

The secretary said quarterly financial reports were distributed to the council and mayor for the second quarter 2013.

Councilman Snyder said council received copies of outstanding invoices from the Yoe Borough Sewer Authority.

Unfinished Business
There was no unfinished business.

New Business
Councilman Noll said there was a rail trail meeting that Tom and Barry and I attended to discuss about the $40,000 grant that they have to discuss the different outcomes .We wanted be in agreement before we continue. Said it was explained to them that the old rail bed doesn’t work.Find out what will work. A listing of the desired outcomes for the trail study presented by Councilman Noll are included with these minutes. We can add or subtract anything from this list. Discussion continued. Councilman Noll and Myers said they feel the consultant needs to tell us where they think the trail should go or an alternate. Councilman Snyder said we can take up, to Upper East Pennsylvania. If you can find a better route with the rail head we have defined, whatever she wants to work out. That has been adopted by ordinance up to Boundary Avenue. Councilman Allar said what about the issue of that elevation. Councilman Snyder said that is what the consultant is going to do, to see how its going to work. Then she will have to say it will have to move to the base at E. Pennsylvania Avenue and that would require an easement. Councilman Noll said we are paying her money to tell us what works. I think you are pushing her into a box and she can’t make it work, to go into another direction. Councilman Strausbaugh said we want an honest recommendation. Councilman Noll said if it works okay, if it doesn’t what are the options? Discussion continued. Councilman Snyder asked that the consultant sees if opportunities are there to connect the rail trail to Yoe Park. To add this to the outcomes to see if its feasible. Discussion continued. See updated Yoe Borough Trail Study Outcomes discussed at this meeting of August 6, 2013. Councilman Myers said it would be best if the trail was turn over the Heritage Rail Trail Authority of York County. They after it is built, it would be turned over to the municipality. PENN Dot is really pushing for trails. PENN DOT is putting a by pass to come around Columbia. They are doing all the trail work for them, to certain point all free. Discussion continued. Councilman Allar said there is credibility built up with the Heritage Rail Trail Authority. Seth and I can after the study is done, take it over to the authority. Councilman Noll said I think it needs to be done now, the reason being once that study is done, the municipality is going to go their own way. The only reason I say we need to do it now, there is going to be three municipalities, if we can get the Heritage Rail Trail in there now. Councilman Myers said we can least get them to say they are interested and have them take it over. Councilman Allar said right now they are going to say no, lets do the study. Councilman Noll said I can see that construction documents being done up to our retention pond. There is the enclosed amended document included with desired outcomes.

Councilman Snyder said there was an amended contract with Grass Masters on their prices. She assumed we were going in there every two weeks to mow, she didn’t understand you mow once, then due notice needs to be given. She amended her contract to say, any services after the two weeks goes back to the price of the first cut. A motion for the amended contract as well as make payment retro actively to the month that she just did by Councilman Noll. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Councilman Allar said the Habitat of York is having a kick off meeting on Thursday at 6 o’clock. The secretary only gave Councilman Allar a copy. They are starting the next cycle. All we are is a possibility or potential, no understanding. Its going to be a Veteran’s build, a committee is getting together. They do every thing from engineering and finance. This is where the thing begins. I’m going to have her come in next month for a briefing. Councilman Noll asked how are we able to be there when we don’t have a property to offer? Councilman Allar said we don’t have to say at this point that we have a property to offer. They are going forward with their committee, if we can sit down with them, if we can’t we don’t. They are having a meeting. If you don’t want to participate, tell me know. Councilman Snyder said we already know that Phil was here for an hour. We don’t have anything. Councilman Noll said I wouldn’t mind having them in, if we had a property that we are going to give, I hate to waste their time. Councilman Myers said it could be a year or more until we know if we have a property. I would afraid that we would be giving false hopes. Councilman Allar said $5,000.00 would buy a conservatorship on that property. Its just a question of making a decision to do that. Councilman Snyder said I would want them to say they are going to get control of that building, when we don’t have ownership. That is what boils down too. We can’t guarantee the property. Councilman Allar said there are attorneys that have done, our attorney doesn’t understand. Its called a certified record order of the court. Councilman Snyder asked is Habitat willing to put in, maybe $150,000.00 worth of work, without clear title. Councilman Noll said during their presentation they said they need to have title of ownership of the property. Councilman Allar said again I don’t think Seth has pursued it with the other attorneys that have done this. Councilman Snyder said he talked to the Habitat lawyer and they want clear title. We can do Habitat, once we have clear title. Discussion continued. Councilman Allar said we need to keep in touch with Habitat. Councilman Snyder said I have no problem keeping in touch, but I don’t think we need them coming to a meeting. We’re find out how it works once we get title. Keep in touch, maybe in May when there is the upset sale. And reapply for CDBG in the next cycle. Councilman Noll said if anyone wants to go to that meeting on Thursday, wait to bring someone in, until its closer, I won’t remember the information from now till then. Let’s bring them in only when we have the property.

Payment of Bills
A motion was made Councilman Myers to pay the bills as listed. The motion was seconded by Councilman Strausbaugh. All in favor.

A motion was made by Councilman Strausbaugh to adjourn the meeting at 11:17PM. The motion was seconded by Councilman Snyder. All in favor.

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