borough of yoe

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

Minutes for February 4, 2014

The regular monthly meeting of Yoe Borough Council was held on February 4, 2014 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called to order by Council President Sam Snyder at 7:01PM followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
Barry Myers
George Howett
Regan Strausbaugh

Others in attendance:
Sandy Sterner, Secretary-Treasurer
John Sanford, Mayor
Steve Malesker, Engineer
Connie Crull, Tax Collector
Seth Springer, Sitting in for Solicitor Charles Rausch, arriving at 7:09PM
William Bankoske, Resident

Vacancy of Council Seat
Councilman Snyder asked if the secretary if the elected or the person who won the election or notified won the election has met the criteria and filed the appropriate paper work. The secretary said I received nothing other than the phone call that I forwarded to you. Councilman Snyder said at this time, that person has not met the requirements of the Borough Code as of January 16th, I’d like a motion to declare the council seat vacant and a quorum existing of the remaining council members. Councilman Strausbaugh said I called her last week to see if anything had changed, and she never called me back. A motion was made by Councilman Noll to declare the council seat, one council seat vacant and have a quorum representing the remaining council members. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior council meeting. Any additions or corrections? A motion to accept the meeting minutes of January 6, 2014 was made by Councilman Howett. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said minutes accepted.

Tax Collector Connie Crull presented her report for 2013. A total of 307 taxable parcels and collected $101,825.46. Fire protection $13123.58. For a total of $114,949.04. Nineteen properties were liened. For a total of $29,810.57. For the borough, school district and county. Of that, the borough’s total was $3587.72. Everything has been turned into tax claim. Councilman Noll asked about getting payments for taxes/liens? The borough gets the checks from the tax claim after the tax collector turns them into the county. Councilman Myers asked how much it cost to put liens on? The tax collector said it doesn’t cost me anything, they charge a penalty. The 2014 taxes will probably going out to tomorrow. Councilman Snyder said for our information, do you know when you will be going from? Mrs. Crull from February 6 to March 23, 2014. It won’t be as late as it was last year, I won’t do that again. Many times bills are sent to the mortgage company. Councilman Snyder asked where would we turn a citizen to if they needed a duplicate tax bill? Mrs. Crull said you can always take a message, they still will have time. I don’t see why they need a duplicate. Councilman Snyder said with the elderly, it might get lost. Some lose the receipt. We will say we will take the information and get it to you.

Councilman Snyder said there is an issue with MS 4. I’d like Mrs. Crull to remain till we get to that.

Councilman Snyder said we do have an open council seat. We did receive a letter from a resident William Bankoske. He is here tonight. Mr. Bankoske said I emailed John Sanford about, I am interested in being a member. I think its my civic duty to be involved in the community. Councilman Noll said for clarification, this seat is open now, when would it be open again? Councilman Snyder said the maximum appoint you for is a two year seat. At the next municipal election, there will be three council seats open for four years and one for two year. That two year seat will be going back to a four year cycle. My questions involve around legal issues. You have already the avadavat of residency. Have you been a resident for at least one year? Mr. Bankoske said yes. Councilman Snyder asked are you over the age of eighteen? Mr. Bankoske said yes. Councilman Snyder asked are you a registered voter? Mr. Bankoske said yes. Councilman Snyder asked are you a U. S. citizen? Mr. Bankoske said yes. Councilman Noll asked does he have to be of a particular party? Councilman Snyder said not because its open, it doesn’t have to be, if he is filling a seat of an unexpired term, it would have to be of the same party. This was open for anybody. A motion was made by Councilman Noll to appoint William Bankoske to the open council seat. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Councilman Snyder asked for Mr. Bankoske to raise his right hand and asked that everything on the residency avadavat is true and correct? Mr. Bankoske said yes. Mayor Sanford gave the oath of office to Mr. Bankoske.

Engineer’s Report
Councilman Snyder said we will discuss the storm water easement that is listed from Yoe Drive down to George Street. Seth, Steve, Derek and I met for MS 4 last week. That became one of the issues that we discussed because of the outfall structure that falls within the Yoe Borough line. Barry did some research into the deed. Was able to locate the plan for the original Crull subdivision that eventually spun off into the John Adams subdivision. Was able to locate the easement that were granted to the sewer authority, no storm water easements showed up. Same information was found by Steve in his research. When this information was brought up at the MS 4 meeting, Derek from C. S. Davidson, he indicated that no easement for storm water exists, in the 1990, early 2000, engineering firms knew MS 4 was coming but didn’t know what it was going to entail, so a lot of times they just noted on plans where a natural drainage swale would be, they would call a storm water easement, so developers would not build in that area. But there was no formal easement granted, it was just noted on the plan. At the end of the meeting, that I would contact Connie, if she can find anything that she can remembers, who it may have been given to or why it was put on the plan. Mrs. Crull said York Township put the culvert in, then it was washed out in 1972. Mr. Malesker said it says York Township extended it on the John Adams development. They extended it to wide the road when that development went in. Councilman Snyder asked, so you don’t remember when this subdivision up here with Arlington Church and Weis, cause that’s what drains into that. Mrs. Crull said that’s what caused all the problems, cause I know in the years that we owned that land, we got flooded out because of that pond up there. We were at York Township several times. I thought a holding pond was to hold water but that apparently wasn’t put in right. Because it funneled all the water down, we got flooded out. What they had was, someone went in with a dump truck and dumped a load of stones in front of the pipe. That has actually slowed the water down. It comes off all those parking lots up there and gone straight through. It didn’t stay there at all. I think that was in the eighties. I don’t remember. Mr. Malesker said Dennis Henry was York Township’s engineer. Mrs. Crull said it was before him. Mr. Malesker said the issue is whose easement is it. If it’s the borough’s easement, there is a MS 4 issue because the downstream is being under mined. If tied down to borough line, the outfall is within the borough. Attorney Springer said it’s a shared cost thing, the easement should be there. Maybe held by York Township. Discussion continued. Councilman Snyder said Tom wanted me to bring up, he went up there and saw that the undermining is worse. He wanted to bring up, maybe the borough should send notice, to York Township that we have this issue. We would like to discuss this to determine who is responsible. Councilman Noll said I would not recommend it. Councilman Snyder said it becomes the property owner’s thing, it becomes who owns that easement. Mr. Malesker said its hasn’t been researched upstream of the road way. Councilman Myers said I didn’t check any other deeds. Discussion continued. Councilman Snyder said the issue, if the borough can mitigate the issue by dumping some stone in there without causing any liability to keep it eroding away further. It may eight to nine months to investigate this further to try and determine who it actually belongs to. The concern I have, is downstream, if we just assume responsibility for it, then downstream, which was an issue how many years ago, there a cement culvert down here collapsing. Mr. Malesker said but we know it was installed by a property owner. Councilman Snyder said at that point, if it’s a valid easement, can we tell him to take that out or put in something more permanent. Mr. Malesker said the culvert was installed by a municipality, the other was private. Councilman Snyder said even if we dumped some stone in there, we wouldn’t be taking responsibility for the culvert and that system that was there. Mr. Malesker said you can be putting stone in there because you don’t want the road way to collapse. Councilman Snyder said Tom’s idea was to open up negotiations and send a letter, I’m thinking. Councilman Myers said I talked to him, and he said send a letter or contactor in there to stabilize for $800.00, its better than $3,000.00 to find out whose responsibility it is. Councilman Noll said I think at this point, as long as we don’t assume no undue liability we should put stone in there and stabilize the area and walk away from it. Discussion continued. Attorney Springer said I’m trying to figure why you would incur liability down stream on a private culvert. Councilman Snyder said you can make mitigate repairs without assuming negligence. Attorney Springer said you are mitigating damage to the road. Councilman Snyder said we are going to have to enter into some kind of negotiation eventually. Discussion continued. A motion was made by Councilman Noll that Yoe Borough purchase up to two truck loads of stone, the stone necessary to fix the wash out, that could be affecting the road and a potential MS 4 issue, we do that at our cost. And to check with Ecostruction and Fitz and Smith for the work and have recommendations available by C. S. Davidson. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said wait until Mrs. Crull gets back as far as history with this situation. We will have to determine what to do from that point forward. Discussion continued.

Solicitor’s Report
Attorney Springer said we did reached out to York Township, gave them the documents produced by C. S. Davidson, haven’t heard back from them regarding Yoe Drive. Councilman Noll said we have heard back informally. They are going to look into it. Discussion continued. Discussion continued on working with York Township currently and in the future. Councilman Noll said I think in the future before we get into anything, we have a MOU to lay down the ground rules. Attorney Springer said you will need to do your due diligence before you enter into any agreements.

Councilman Snyder said I was asked by a representative from the fire company to move this up earlier than last year for their three years, they have been holding an event at the park for a fund raiser. Resolution 2014-03, is exactly the same as last year, the dates have changed. Yoe Fire Company has accepted a rental agreement with the borough to run a fund raiser event effected June 14, 2014. And wishes to secure a temporary license from the PLCB in order to provide alcohol beverages for those who support and attend the fund raising event. Now therefore resolve that the council of the Borough of Yoe does support the Yoe Fire Company in its efforts in securing the temporary license in order to provide for a safe and effective control of alcoholic consumption during their time at the park. A motion to resolve Resolution 2014-03 was made by Councilman Howett. The motion was seconded by Councilman Strausbaugh. In favor: Councilman Snyder and Councilman Bankoske. Abstaining: Councilman Noll, Councilman Myers Councilman Snyder said motion passes.

Councilman Noll said we had a couple of things during our zoning plan process. We had a meeting on the Yoe Borough Zoning Ordinance, we have a draft copy. We have meeting we need to set up with legal notice. The first thing is that everyone has a copy of what the committee has put together over the last several months. Take the copy and read it, if there is anything you don’t like or needs clarification, bring it back to the council. We have to set up two meetings, we have to appoint a planning committee to hold this public meeting that consists of three members of council. The planning committee is Councilman Noll, Councilman Snyder and Councilman Strausbaugh. A motion was made to Councilman Howett to create the planning committee as made by the three council members that volunteered. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Councilman Noll said we need a planning meeting that needs to be held which is March 13 3PM, none in February. Fifteen days we have give notice, for anyone that wants to give public comment. We have to advertise that. We don’t want to schedule our public meeting yet, because the county has to comment. Councilman Noll said I will send a copy of this to Terry Ruby now, I’ll send it out tomorrow. A copy needs to be kept where the public can review at the borough. We left one for Dan Shaw. One should be left for Patti. Attorney Springer asked if he should review. Councilman Noll said its up to council to have funds spent for an attorney review. I think we are in good shape with going through the planner. Patti Myers is invited to come to the review or give us comments. Councilman Noll said if there are five members at March 13th meeting, its okay since its advertised, not to violate sunshine law. Attorney Springer said yes, its investigative. The secretary asked for the wording for the March 13th meeting so she can advertise it. Councilman Noll said we can charge for a copy, have to file a right to know. Its not adopted. I’m not sure. You have to read it online, or read the copy at the borough building. You have not been able to gain access. You have to get it online or read the copy at the borough. The secretary asked how many dates it has to be advertise. I’ll put the proof of pub in the book. Attorney Springer said I’m going to look over the requirements. Councilman Noll said you will have to send a copy to the law library.

Engineer’s Report (II)
Mr. Malesker said we went over most. I did met with Sam and Seth and Derek met on the upcoming MS 4 report. We went over the first four best management practices. There wasn’t anything significant. As MS 4 progresses, there is going to be more things that is required. Mr. Malesker gave a review for our new council member, Councilman Bankoske. Councilman Myers said he attended a class recently, but did not receive a certificate. How would we get credit? Mr. Malesker asked if there was anything with your name on it, registration? Councilman Myers said I will have to check. Councilman Noll said put this calendar up on the wall.

Councilman Snyder said I did receive email communication from Heather Bittner from the county On January 7, 2014 saying we took your recommendation and this is now a Class C bridge, not slated for closure.

Councilman Snyder said we received notice from DCNR that the recreation and conservation grants applications are now being accepted. January 15 to April 16, 2014. One of the items that they are accepting applications for are rail trails. So anybody on the rail trail committee, pass that information along.

Councilman Snyder said we received notice from FEMA in relationship in updating the flood insurance map in the community known as FIRM. There are three activities that each municipality has to take part of, to insure participation in the flood insurance program. Your community should review the digital FIRM and give comments as soon as possible, that was done, submitted when I reviewed it and corrections have been taken care of it. The secretary said the copies were put into the FEMA box file. Councilman Snyder said they right past the bridge they lowered it, shrunk it and then they enlarged the area on the other side of Main Street. The problem that I saw with it, when I talked to that Ben Kiser. There were islands throughout the borough. We are all in a flat area, how do you have an island there. They pulled them away. That part is complete. The community is responsible to reach out to those citizens effected by the changes on the FIRM, and inform them of potential flood insurance implications. I reached out to the coordinator who sent this out, will reach out to our community if you tell us what the implications are to the potential flood insurance. Soon as I find out those implications we can reach out to our citizens. The last item, your community must adopt a new or amended floodplain ordinance that meets NFIT minimum requirements or face possible suspension. So Sandy and I forwarded copies of our current flood plain ordinance, her contact was different. We sent two separate emails. Neither have heard any thing back yet. The secretary said my contact said that they believe there will be changes, but it will take six months until they get back to us. Councilman Snyder said they have a model ordinance. The secretary said in our email, it stated that the county should see the changes to the ordinance and asked if the county has noted this? Discussion continued.

Maintenance Report
Councilman Snyder said Mr. Shearer left his report. If there is anything to get back to Dana, Barry or myself.

Councilman Myers said we did had an issue with the last snow storm with a plow. I believe you were going to go through the insurance. The secretary reported that we will be getting insurance reimbursement less $250.00 deductible. Councilman Myers reported said we did get salt, but salt is becoming an issue. We are close to our maximum. The time frame is up to seven days for delivery. I told Mr. Shearer to get other prices on hand, to do what we need to go by. I may be telling him to get cinders for a fifty fifty.

Councilman Myers said a hydrant was taking off at Fourth and Main Street. It broke off it was suppose to break off, and there will be a cost.

Councilman Myers said we did bring Mr. Strobeck in on the last snow storm. There is a cost there. Snow removal personnel were also used.

Zoning Officer’s Report
Councilman Noll reported her report here through January 6th. Ten hours total. She has been citing for snow.

Councilman Myers said one of the zoning issues, are the tree down here at the corner that is blocking the sight. She is doing what she can do, finding there is a lot of resistance. Discussion continued on how this problem is to be dealt with. How far do we go? Councilman Noll said it would be best to consult with the borough solicitor.

Councilman Noll asked about updates on 230 Main Street. Councilman Myers said a lawyer had been in contact. Councilman Noll said I saw that the sidewalk was done. Councilman Myers said Mrs. Myers has found out the family has been involved. They got a price for demolition.

Emergency Management Report
Mayor Sanford declared a snow emergency for this past snow February 3 and January 20, 2014. A motion was made by Councilman Myers said to accept and validate those two snow emergencies. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Mayor and Police Report
Mayor Sanford said you have my report. On the back is the police report for December as well as the year end report for 2013. Councilman Snyder asked is the amounts what we contracted for? Mayor Sanford said I did not look at that. We do have a surplus of hours going into 2014.

Secretary’s Report
The borough will be audited February 5 and 7th.

The office will be closed Friday February 21st, using this as the President’s day holiday.

Councilman Snyder had a request from Kim Johnson, park rental coordinator. She has her family reunion there and asked if she could get the rental fee, free and not charge for her time. It was a consensus of council to let her have the date rental free and she will not charge for her time. Councilman Snyder will contact her.

Unfinished Business
There was no unfinished business.

New Business
Councilman Noll filed a packet from the Chesapeake Plan including meeting minutes. We have to do as a council, they have a draft plan that they have come up with. We are to come up with our ideas about how to fund. There are four options, one is tiered option, $500,000.00 to one million to participate with all other municipalities. One scenario is a flat fee, charge each municipality. Over a five year period, they would charge us $26,000.00 for us to be involved in it. Each municipality would be the same, all townships and boroughs. Two weighted options, depending on population, cost for impervious acre. Cost per resident within the municipality and then a final. There is a great discrepancy. The bigger municipalities are going to want to be the same so they don’t have pay any more than the other municipalities. If we opt out, we have to write our own plan. You have to execute a project. The idea is to get all the municipalities together, to have a plan and execute what makes sense. There was a rep of EPA and DEP and they were asked, if we put this plan in place and fund it, you will give us something in writing that it will be acceptable to DEP as filling our obligation for the Chesapeake Bay Plan. They said they can’t give us anything in writing. No one is willing to say that you have satisfied your needs for the plan. The way they get us, using MS 4 as the enforcement mechanism to use, the MS 4 permit. I gave you a copy of the agenda. You can see the other scenarios. They tiered everyone, you can see where we stand. Graph and plans etc. Copy in the MS 4 book. Councilman Noll said just because you contribute doesn’t mean that work is done within your municipality. I do agree with it, when you talk about watersheds. Anyone can apply for projects. York Township has found 63 projects already that they would like to see done. Flat fee for Yoe Borough is $5294.00 for one million per year and $2647.00 for $500,000.00. If they do impervious area, it would $1230.00, the low would be $615.00. A calculated weighted cost with streams, I don’t understand the formula. Final one a phase fee, $2000.00 if they do the high. I’m fine with the third and fourth option. Discussion continued. Councilman Snyder said there is a consensus of council to vote for two or three as acceptable.

Councilman Noll asked about the monies back from the building fund from York Adams Tax Bureau, did we get that back? The secretary said the monies are in the general fund.

Payment of Bills
Councilman Snyder reported the additional bills Verizon Wireless: $51.64 and York County Municipal Administrators Assoc.: $30.00. A motion was made by Councilman Myers to pay the bills as listed with the additional bills mentioned. The motion was seconded by Councilman Noll. All in favor.

A motion was made to adjourn the meeting at 8:51PM by Councilman Strausbaugh. The motion was seconded by Councilman Snyder. All in favor.

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