borough of yoe

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

Minutes for January 4, 2016

The reorganization meeting of Yoe Borough Council was held on January 4, 2016. Mayor Sanford called the meeting to order at 7:01PM, followed by the Pledge of Allegiance.

Mayor Sanford said let the minutes reflect that the affidavits of residency have been forwarded for George Howett, Samuel Snyder and William Bankoske. Let the minutes reflect that Ryan Harper has made arrangements to be sworn in on Wednesday of this week, which will bring him up to speed. He had work obligations tonight.

Mayor Sanford swore in William Bankoske, George Howett and Samuel Snyder. Mayor Sanford asked that right hands would be raised and the oaths of office were given to those newly elected. All answered, I do. The forms are completed and signed.

Mayor Sanford said at this time I will open up the floor for nominations for President of Council for the next two years. Councilman Noll nominated Sam Snyder for President of Council. Mayor Sanford asked if there were any other nominations. Councilman Bankoske seconded the motion. Mayor Sanford said nominations are closed. Those voicing their vote in favor: Councilman Noll, Councilman Bankoske, Councilman Strausbaugh and Councilman Myers. Abstaining: Councilman Snyder.

Mayor Sanford said at this time I will open up the floor for nominations for Vice President of Council . Councilman Snyder nominated Seth Noll for Vice President Mayor Sanford asked if there are any other nominations. Councilman Myers made a motion to close the nominations and seconded the nomination. Those voicing their votes in favor: Councilman Snyder, Councilman Myers, Councilman Bankoske, Councilman Strausbaugh. Abstaining: Councilman Noll

Mayor Sanford said at this time I will open up the floor for nomiations of President Pro Tem. That position was used twice since I have been on council. One time we didn’t do it as it should have been done. What that is, in the event the President or Vice President are not able to chair or attend the meeting, the member that we choose now would be the third in line. Any questions? Hearing no questions I ask for a nomination. A motion was made by Councilman Howett to nominate Councilman Myers as President Pro Tem. The motion was made by Councilman Strausbaugh to close the nominations. Those voicing their votes in favor: Councilman Howett, Councilman Strausbaugh, Councilman Snyder, Councilman Noll and Councilman Bankoske. Abstaining: Councilman Myers.

Mayor Sanford said at this time I’ll turn the meeting over to President Sam Snyder.

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

Others in attendance:
Dana Shearer, Maintenance
Seth Springer, Solicitor
John Sanford, Mayor
Steve Malesker, Engineer(arriving at 7:31PM)

Opening the Regular meeting at 7:19PM
Councilman Snyder said let the record reflect since Ryan Harper has not filed the appropriate affidavit of residency and oath of office at this time. He has ten days from the meeting date, as long as he does it on Wednesday, it would be within the time restraint. For the purpose of this meeting, the council seat is considered vacant. A quorum of the six existing members here tonight, any ties would have to be settled by the Mayor.

Appointment of Officials
Councilman Snyder said since all the officials are at the will of council. I will present the following list of officials for consideration. I will make one encompassing motion. List included with appointees. A motion was made by Councilman Howett to accept those appointees. The motion was seconded by Councilman Myers. All in favor.

Adoption of Resolution 2016-01
Councilman Snyder said I updated the fees based on the schedule by C. S. Davidson, the subdivision/land development fees and new fees from Code Administrators,Inc. A motion to accept Resolution 2016-01 by Councilman Noll. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Adoption of Resolution 2016-02
Councilman Snyder said Resolution 2016-02, a resolution for appointment to the Zoning Hearing Board. Now therefore be it resolved, the Borough of Yoe does hereby appoint Michele Miller Noll to a term of three years to expire on 12/31/2018. A motion to resolve Resolution 2016-02 by Councilman Strausbaugh. The motion was seconded by Councilman Myers. Those in favor: Councilman Bankoske, Councilman Snyder, Councilman Howett. Abstaining: Councilman Noll. Councilman Snyder said so be it resolved.

Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting, any additions or corrections? A motion to accept the minutes of December 1, 2015 by Councilman Howett. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said minutes accepted.

Councilman Snyder said let the record reflect there are no visitors present.

Solicitor’s Report
Councilman Snyder said welcome back.

Solicitor Springer said I contacted Keystate Publishing, it was difficult to email because it was so big. I updated myself to the revisions to the borough code. There is an update for the municipal law, I will go to that. I contacted PSAB to get on their list. I did read over the minutes from the last few minutes. I did see you had some problems with the tree that was split. I did notice one changes to the borough code, they are going to allow law libraries to get ordinances vial email. Great to be back.

Councilman Snyder said for your information, I had to do research into this. It was a notification of tax exemption for a property up on Wilson Court. It turns out that this law is in Title 51, Chapter 89 and it seems that this is the first one for Yoe Borough. Any veteran that has 100% service connected disability, makes an application to the local Department of Veterans Affairs, shows a hardship or financial that gets pushed up through the Federal Department of Veterans Affairs, they approve it and substantiate it that the veteran is 100% service connected disability and has a financial need. That information gets sent to the Pennsylvania Department of Veterans Affairs to issue ticket for tax exemption, that certificate gets passed back to the county level, who in turn gives it to the applicant. Who must give each municipality a copy of. We have no choice in the matter, the county will take this property off the tax roles and put it into the tax exempt status. That will fall into the tax exempt amount. I had to find out if we needed to do anything, I talked to the County and State. Its all handled on their end now. The laws are now changed, this is why the tax exempt parcels are going up. Now this individual has to notify the taxing authority. Rachel from the tax claim bureau, eventually Yoe Borough will have to give two months back prorated. Because he is tax exempt as of 10/28/2015 once we get formal notification. It has a five year determination so they have to prove financial need. Solicitor Springer said I am a veteran, he is entitled to this benefit, if he sold the property or passed. There may be a mechanism for that. Councilman Snyder said there is no taxes on this property, so to get a permit, its tax exempt. A copy was given to Connie. Sandy gave it to me. Discussion continued. That was enlightening. This came into affect in 1988. This disability had to be 100% service connected disabled.

Councilman Snyder said we have the copier contract to sign. Which is the standard contract. A motion to sign the Imageware Copier Contract by Councilman Myers. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we have the contract with Code Administrators, Inc. This just follows up with the new fees. That contract is a 2016 contract for services for UCC and there is also 2016 for Zoning Code Services. A motion was made by Councilman Noll to sign both contracts with Code Administrators, Inc. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

Councilman Noll said do you have anything Barry with the rail trail? Councilman Myers said I need to sit down with him and go over it. Councilman Noll said she was going to over it with you, on the land issue. Councilman Snyder said while we are discussing the rail trail. York County Planning notified us that Red Lion under the MA and PA Community Greenway project that they put into, moved ahead. It said the YAMTO Technical Coordination Committee approved the completion the two contingencies for the MA and PA project, which is to secure the right of way in York Township and Red Lion Borough line and Locust Street in York Township with local financing. That’s moving forward on their end. At least to the York Township line. Mr. Malesker said they are one to do funding for federal funding. There was more money that was being allocated. Councilman Myers said York Township sent a letter to them stating that they are backing out of the project, to reduce the grant. I haven’t talked to Diane from some time. Councilman Noll said they are talking about taking it to Locust Street and to get the right of ways. There is going to be gap in York Township, it goes to Locust. It’s a matter if we want to pay for rights to the boundary of that property, but there will be a gap. Councilman Myers said the only way we can get to the borough, is to take on the project ourselves. Councilman Noll said we’re in a good position with the right of way to the park, we started the sidewalk down from the park. Discussion continued. Solicitor Springer said to give me a call to get updates. Councilman Myers said we need to finish up the one right of way, then we are good. I was thinking to bring it up Pennsylvania Avenue, so we could widen the street at some time. We found out through the realtor that the property we need right of way from is interested. Solicitor Springer handed out business cards.

Engineer’s Report
Mr. Malesker said the basin inspection report is complete. I did stop down, Dana was having some repairs done there. I checked out what the contractor was doing. Basically he is addressing everything we pointed out in the report. Everything that we recommended, he is addressing.

Councilman Myers said on that grant we have. Mr. Malesker said he has not yet submitted for the permit yet. That was in early December. He had just gotten the correspondence back from Fish and Game. It said you have to submit your plans, they have three weeks. He is aware he has until October for the grant. Councilman Myers said it has to be done by July8th. Mr. Malesker said its earlier than what I thought. Councilman Myers said the contract says July 8th. This has my attention. We need to push to get the permits. Mr. Malesker said hopefully he had to submit by December. Hopefully he will have them. All the regarding he has to do. The plan was to send it out for a quote. If its over, you need three written quotes. Mr. Shearer said I will look into what the threshold is, what that cut off is. Mr. Malesker said if Jake can’t do it. Councilman Snyder said this grant is for $18,900.00. Mr. Shearer said the bid threshold, is anything over $10,000.00 and $18,000.00 is the three phone quotes. Over $18,000.00 you need three written quotes. Councilman Snyder said the contract says if you do not initiate the implementation by July 8th. Mr. Shearer said according to PSAT’s website, their bid limits, it was $19400.00 for advertised bid, telephone bids at $10, 500.00. Councilman Snyder said its $18900.00. Mr. Malesker said you only need one quote.

Councilman Snyder said I was asked to verify, yes or no, if this $7670.00 of repairs at the dam should come out of the stormwater fund. Then bill York Township and Dallastown. Mr. Malesker said it should come out of the dam fund. Councilman Noll said I would take it out of the line item for dam maintenance. Councilman Snyder said it should come out of the dam maintenance. Pay it out of general fund. Said then to bill it back to other municipalities for 25% of total 2015 dam maintenance.

Mr. Malesker said I will let the zoning updates on the agenda.

Councilman Snyder said do you want to bring up , the Cottrell. Mr. Malesker said we wanted to find out where DEP stood. Mr. Shearer said for those of you, the DEP letter is in the circulate file. It was to the Cottrells as a follow up for the complaint on the E & S measures to the tributary of the creek. They laid out what they need to do to restore it. They actually pulled out the jersey barriers. For them to do any work there, they would need to get permits or waiver to the permit. In the middle of the month, we were copied on a letter from York County Conservation to York Township concerning a complaint from Yoe Borough, about flood waters from that property. Their investigation was made, they determined it was likely from alterations made to the storm water basin at Cape Horn Square at Jonathan Way. That left us lingering as to what county conservation is talking about because we were complaining about an E & S problem down here and all of sudden it turned to this flood problem. I talked to Garret Miller at county conservation, yes they had bumped it up to DEP. DEP said they said they were going to contact on this letter. Since that letter, was to Lisa Frye, I did forward copies of the letter to the township. I just wanted to make sure you understand, we were considering it was an E & S. I don’t know why the letter from the county conservation mentioned flood waters. She responded that she got the email. Councilman Snyder said from what I got from the letter they aren’t making him put anything back the way it was. Mr. Malesker said he has to remove the jersey barriers, since its such a small disturbance, to restore it, but no permit. Councilman Noll said what its saying because its under an acre of disturbance, they don’t need an E & S plan. Councilman Snyder said we have MS 4 updates, it works good for MS4. Mr. Shearer said there are fish, native trout seen by County Conservation down stream, we have to keep that in mind.

Councilman Snyder asked do you have an update on the boundary survey? Mr. Malesker said York Township was going to budget for it, I haven’t heard anything from them. Councilman Noll said I’ll say something to York Township. Councilman Snyder said when you find that out, just get with Steve. Everything is a go on our end. Mr. Malesker said Gary was going to budget of it. I haven’t heard from Dallastown, they did want that done. Councilman Noll asked Mr. Malesker to confirm that with Dallastown, I’ll take care of York Township.

Maintenance Report
Mr. Shearer said I did get the letter to the sewer authority for their December meeting. They do have some work and inspections that they have done on the lines. Some involved Broad Street, some will be in the areas where we excavated. Their situations now. Per Mark Clark, going to be working on what we need for restoration. Also there is some work to be done around town to be part of this package. Working on getting bids out this week to get the repair work. I am going to get in contact with Columbia Gas.

Mr. Shearer said we did get repairs done by Yoe Industrial right before Christmas. We did the upper pipe the first day, took all day to do. They didn’t have to bring in a grout pump, so I’m hoping we might see some reduction and savings. The proposal was to bring that pump in. We didn’t have as much segregation outside the pipe. Checked to make sure that anything was separated in that pipe. The lower pipe was in real good shape. They were in and out in a day and half. I am going to get two loads of rip rap, to get those placed. If I get it delivered, I should be able to move it around.

Mr. Shearer said I haven’t seen anything from Fitz and Smith. With the tempartures the way they are now, Joe doesn’t want to tackle it. We got three prices. Councilman Snyder said I think there is pattern there, with their low bidding. Mr. Shearer said they don’t have the staff they had ten years ago. They are trying to do the work with minimal staff.

Mr. Shearer said the street light update. Regan and I will be meeting on January 13, 2016 with Kathy Seilhammer with the rep of street lights.

Mr. Shearer said I had an opportunity to talk to a business man from York County who works with veterans, well connected on veterans organization. I talked to him about the war memorial. We still get money from Yoe Parts, we are still getting money in. I guess I want to see what all is involved. I was wondering if I can make some contacts, be the representative to get it addressed. Is there is someway to get some help. Councilman Snyder said I was here today talking to Sandy about trying to find out how much money in our account, all but $3000.00 in the account. I haven’t heard anything more from Jamie. The one thing I told Sandy I said, because this was her project. I think she was having her aunt, do something with the work. She had this figure of ten to twelve thousand in mind. I don’t’ know what she had planned. This money is just sitting there. We have no plan. We just had, I was thinking of contacting Bachman Memorial. They help us replace a confederate tombstone, they donated it, they go the engravings. We had a ceremony. Even if we just contact them, to backfill the memorial, get a bronze plate. I fill in the back and get a marble front with names engraved. Because the surrounding structure is relatively stable. Those two concepts are relatively inexpensive. Go to Bachmans and get a price. I’d like to know how much its going to cost. The land is deeded to us. Councilman Noll asked with the traffic is that in the right place. Councilman Snyder said I wouldn’t want to move it. If someone hit it, they aren’t going to walk away. Mr. Snyder said I took photographs of the monument when the names were still better. You can figure out the names. As far as of Korean and Vietnam war, we remembered all who fought in our dedication. Mr. Shearer said have POW recognition for Mr. Weitkamp. I am hoping to have a selling point for outside organizations to use to fund this monument. Discussion continued. Councilman Snyder said there is a consensus of council to continue with it.

Mayor Sanford said the wire that is down on Main Street across from the fire hydrant. Mr. Shearer said there is caution tape, it appears to be have been pulled down. Somebody separated. Mayor Sanford said its across the alley. Its hanging off the insulators. It looks like an old fire box line. Councilman Myers said ours went up the street toward the park. Mayor Sanford asked that, this be followed up on, see what we can do to remove it or repair it. Mr. Shearer said I was under the assumption that someone would complain to Comcast. Mayor Sanford said it’s a hazard, follow up, remove it.

Councilman Myers asked if there is any cold patch. There is two or three holes up in the alley. It need s something down. Its broken up. Mr. Shearer said I will look at it.

Zoning Officer’s Report
Councilman Noll said working on overhanging trees on properties and the other is the letters and pictures that went out. We don’t have a December report. I’ll pass that around.

EMA Report
Mayor Sanford reported the first quarterly meeting is scheduled for this Wednesday night, Rodney and I will be attending, the topic is spring planning.

Mayor Sanford said the email that went out about the 911 radio update. If you are interested in that, the site is progressing.

Mayor’s Report
Mayor Sanford said you have my report. Two corrections, I have that I attended a regional police meeting on December 10th, that is incorrect that meeting that I attended was on December 23, 2015, which was a continuation of the meeting on the 10th. I do not have a year end report for December. I should have that by next meeting. It was a quiet month.

Mayor Sanford said the acting police chief, is Sgt. Tim Damon. He is acting chief until he is either chosen to be the next chief or another candidate is chosen. That process is on going. There is committee formed, within sixty days we should have a new chief.

Mayor Sanford said there was a DOA in the borough in the beginning of November. The gentleman was deceased for sometime before his family found him. That is the single wide rental trailer.

Mayor Sanford said I’ll call your attention to break in activity on Wilson and Third. Two houses have been entered, one on either corner. For those who live in the area. There was a suspicious vehicle report a couple of days before the break in.

Mayor Sanford said I forwarded a census email to Sam on December 14, 2015. I passed around a Christmas card from President Barrack.

Secretary’s Report
Councilman Snyder said ongoing health issues. The ethics reports need to be filled out. Councilman Noll said under number 10 of the ethics report , one thing we found out, direct sources of income. If you are employed by anyone, also the borough is considered an employers. Be sure you put them down as an employer. Several people got in trouble for that in York Township and were written up by the ethics committee. Anything from a source that is $1000.00 or over.Councilman Myers read same list the name and address of each source, of $1300.00 of gross income regardless of whether is received by you or jointly by you. Councilman Noll said that number must have gone up. Make sure that any source of income, if its over that amount. Councilman Myers said put a copy here. Councilman Noll said the borough is responsible and to hold a copy here. Councilman Noll said on line 13, where it says office directorship. Is that include a directorship of a non profit? Councilman Myers said I think it does. Councilman Noll said it says regardless of income. Mayor Sanford said I listed it, when I was a police commissioner, I listed it. Councilman Noll said I think it’s a positon of influence, I think I should put that down, I will list the Vice President and on the board of directors for Steam into History. Councilman Myers said I’m the treasurer of American Public Works Association. Councilman Noll said technically you should put that down. Councilman Snyder said there is folder on the table, its due on April and May. IT doesn’t have be down tonight.

Councilman Noll said is there any she needs. It is taking a lot of her. Councilman Snyder said she is tired.

Mr. Shearer it was posted on the association’s website. Those limits I have mentioned earlier are the same as 2015. 2016 bidding limits remain the same. Pennsylvania Labor and Industry announced that the borough code bidding threshold under Act 92 of 2011, will remain the same for 2016 as it was in 2015. No formal bidding under $10,500.00 requires no formal bidding of telephonic quotes. Contra cts or purchases in the amount of greater than $10,500.00 and less than $19, 400.00 require three telephonic quotations. Any contracts or purchases that are greater than $!9,400.00 requires formal public bidding processes prescribe in sections in 1402, 1403 and 1405 of the borough code. Those limits did not change.

Unfinished Business
There was no unfinished business.

New Business
There was no new business.

Payment of Bills
Councilman Snyder asked if everyone had an opportunity to look over the bill list. We had one additional bill, Imageware bill $234.78 for the contract, we signed tonight. A motion was made by Councilman Myers to pay the bill as listed along with the addition. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said bills are paid.

Councilman Bankoske made a motion to adjourn the meeting at 8:45PM. The motion was seconded by Councilman Snyder. All in favor. 6,7,8,9

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