borough of yoe

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

Minutes for July 1, 2014

The regular monthly meeting of the Yoe Borough Council was held on July 1, 2014 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called to order at 7:05 PM by President of Council Sam Snyder followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Snoll
Barry Myers
Ryan Harper
Bill Bankoske

Others in attendance:
Dana Shearer, Maintenance
Steve Malesker, Engineer
Charles Rausch, Solicitor
Susan Beard, 210 S. Main Street
Dennis Attig, Heir to Anna Attig property

Councilman Snyder asked if everyone read the minutes of June 3, 2014 any additions or corrections? Councilman Harper said that in the minutes where the question was asked if I was a resident for more than a year. The minutes reflect nine years, it should reflect eleven years. A motion was made by Councilman Noll to accept the minutes of June 3, 2014 with the correction. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said minutes accepted.

Affidavit of Residency
Councilman Snyder said the requirement of affidavit of residency for Ryan Harper has been met.

Susan Beard of 210 S. Main Street addressed council about the house next door, 230 S. Main Street that was sold June 6th. Is anyone ever going to cut the grass, its up to my chest? Solicitor Rausch said there is a twenty day period to file, then the tax claim and the deeds. They are behind at least thirty to sixty days. Mrs. Beard said on June 18th, Richardson was at the house he was carrying kerosene in, I had him arrested. Councilman Snyder said at this point we are in limbo. Mrs. Beard said its getting very dangerous there. Councilman Snyder said we can’t do anything. Just like the solicitor said, we have to wait until the transfer, we know its sold, from the upset sale, we have to wait until the deed is actually processed and the court certify this in the new owner. At that the point, we have to start square one with the new owner and say okay, you know x amount of days to start to come into compliance. Until that happens, which, he just informed us they are running sixty days behind. It could be until September or October. Mrs. Beard said there was a man over there, I asked if he was the owner, he got very rude. Which is 1 888 811 YORK, which is a flipper. I was told its condemned, it can’t be flipped. Anyone know about that? Councilman Noll said the way it was condemned was through the building code, Norm is our building code inspector. As soon as we know who the owner is, he is ready to go back in and recite everything to them. As far as flipping is concerned, a home that is condemned by the code, has to be brought into compliance before it can be sold to a resident, it can be sold to another person as a condemned residence, nobody but the contractor can go in. The problem is that the condemnation rests with the previous owner, we can’t cite anybody until we know legally through the courts, when the deed is register, when we do, we go after them and re-condemn the house and then if they are entering other than to assess the house, if they are living there, we can cite and fine. Until that process happens, we have nobody to cite, nobody, if one mowed lawns on weekends. Mrs. Beard said so until then, the grass is up to here. I have pictures. The tree is coming over unto our yard, all the branches I have on camera are about to come into our yard. I have small branch. Councilman Myers said you are allowed by law to cut the tree. Mrs. Beard said I called my attorney, I’m allowed to cut it but who ever owns the property can sue us for a 30, 60, 100 year old tree. Councilman Myers said I cut trees on other properties all the time. Mrs. Beard said with Richardson in the predicament he is in, he do it for the general purpose. Cause I just got him arrested. Councilman Snyder said he’s no longer the property owner. Mrs. Beard said the property was sold on June 6th, I had him arrested on June 18th. Mayor Sanford said there was no guns there, it was June 19th. Mrs. Beard said there was guns in the book bag, the green book bag. Mayor Sanford said I was there. Mrs. Beard said Officer Hess called my house and said there were guns that were unworkable. Someone< not noted on notes or verbally> said during the winter time he was carrying kerosene in there, I called numerous times. I called the cops before, they said there was nothing they could do. Cops went in and checked the house one Saturday when they were doing a speed trap, and they came back and said the borough said we can’t do anything. Mayor Sanford said they were not in the house but on the exterior of the house. Mrs. Beard said the back door was open. Someone said there is no idea how long it can take. Councilman Snyder said we are at the mercy of the court. Mayor Sanford said you have to blame the legal system, the borough would love to see that taken care of. Mrs. Beard said I just worry, I still think he’s in there, cause you can see crack marks through the high grass and why did he carry two cans of kerosene in there, what else his attention? The building is that crisp, look at it from our house on the third floor, there are big holes in the roof. Huge, there is a tree growing in. Councilman Snyder said absolutely, we aren’t disputing anything you are saying, what we are telling and explaining to you we are bound by law on what we can do, at this point. We even went the extra step to try to purchase the property at the sale so we could immediately, we had a MOU with Habitat that this thing was going to start rolling, we weren’t the high bidder, at this point. Mrs. Beard said I am going to try to call 1888 number, to find out who is going to cut the grass and when its going to be cut. Councilman Snyder said we have a name, person supposedly bought it at the sale, we can’t go after them until we have a court document saying, certifying that this is the new owner, we can’t use that information. Mrs. Beard said the person with that vehicle, he said he thinks they bought it and in a couple of days they should be in there. That would be wonderful. Solicitor Rausch said keep an eye on it, as soon as I can get info on it. We will do all we can do on their end. Councilman Myers said and whenever you see construction going on there, call down here and let Sandy know, and get ahold of Charlie. Councilman Snyder said he may be the property owner, and has the right to be there but until we have a legal document saying he is, we can’t even take his word. If we send him a notice and its not him, we get sued. We have to wait until we have an official document saying who the owner is, then we can start over day one again. Mrs. Beard said there are critters there, when they arrested him, I was on my son’s third floor and there were mice. All that, skunks and snakes over there. Mrs. Beard said we are suppose to call someone and pay that bill, that’s not fair for that long. Councilman Snyder said that’s what we have throughout town, I’m living next to one. If anyone goes in there, its now be cited. We don’t have the person to do the lawn mowing, we don’t have a lawn person set up. As soon as anyone goes in there and stirs that around, I get the rats I get the snakes. Someone asked, besides the one beside of me, the one across the street, there are plenty of properties dealing with this, how long is this going to go, that the whole town becoming to this, is getting trashed, how long is this going to go along? I am looking for solutions. Mayor Sanford said we are tied up with the legal system, there are so many things, that we have to go through. Mrs. Beard said this is another thing, there is a bus stop, where my grandson and five other children, I am shoveling the four corners because all the houses are vacant, I don’t think that is in my place but no one any of the other three corners. You can ask Regan because he saw me do it, but children are standing there. I asked the bus driver to change the drop off, she said mam I can’t do that, they don’t want their children crossing the street without an adult. I shovel all four corners. Councilman Myers said the people were cited, but there are houses that are vacated, who do you cite when you can’t find them. Philadelphia Street and Main, Pangburn property, the bank owns it, they keep saying they aren’t responsible, the people who owned it, the bank owns it. People moved to Florida. Councilman Noll said there was a reverse mortgage on the house, the bank technically owns the house, but the house has both names on it, they are both deceased. Their children’s names are not on the deed. Councilman Snyder said the bank can’t take possession of the property, unless they go to the court and have them declared dead, the family who has no money, they used up all the equity, they don’t want to use one thousand dollars to probate a will because they get nothing out of it. All you have is a death certificate. The bank needs a court order to sign the deed over to them. We are in that limbo, the family is saying they won’t spend a thousand dollars if we aren’t going to get anything out of it and you have a bank, who is saying I don’t want to spend $15,000.00 in legal fees to get a judicial order declaring these people dead. Its in limbo Councilman Myers said we have two houses another one on Broad Street the person died and their lawyer told the family to walk away from it. We can’t go after family members because they didn’t probate the will. Councilman Noll said we have been spending so much money on this issue, we want to keep the town in a decent state so we don’t have to consider a tax increase. To go after all of these. Mrs. Beard said I have been doing so much to keep that area open. Councilman Snyder said you mentioned the man cutting the little red bush down. I’m just saying it may have been someone you know. You have to understand the situation. Mrs. Broad said we have a lot of nice properties. The properties are depreciating. Someone said we asked the police officer that day how many they arrested for speeding down that hill. As a matter of fact, the mayor, he told them, because of speed. Set a trap there once a week, they’ make the money to make it up. They told me how many they cost. Mayor Sanford said we only get a portion. Mrs. Beard said I am at the bus stop, a dark car goes speeding down. Mayor Sanford said we only have a certain amount of hours, we try to balance it out. Councilman Snyder said understand we are trying to do everything can, our hands are, as anybody we have to follow the law. We are going to be diligent. Mrs. Beard said Marc Atkins got a citation on his garage, does anyone know he was hurt on his job. Which is on the other side of Mr. Richardson. We have a code officer. You go after the good people and not the bad. Councilman Myers asked how do you know we don’t go after the bad? Mrs. Beard said I’m just saying, Mr. Richardson didn’t care, Marc is trying, he planted flowers, he cuts his grass, he has nice children and wife. Councilman Myers said its not like the zoning officer knows that your neighbor has been injured or hurt, that person is doing their job like a police officer. Mrs. Beard said can’t they go up and ask if they could do something about their garage. Councilman Myers said what do we do when the neighbor down the street, complains the garage that you are complaining at the Richardson problem. Mr. Shearer said in fairness, this gentleman she is referring to was cited because the code officer was at the Richardson property doing an inspection happened to see the issue. Its there in front of them, he has to act. Councilman Snyder said you have to be a police officer, if someone is in violation of the law they’re going to go after them, there will always be an excuse. I’ve had how many elderly people come in and say I can’t afford to fix my sidewalks. I have younger people, coming in I can’t afford to fix this, I work two jobs. I didn’t get the grass mowed. There is always going to be an excuse. There is a time where we. Mrs. Beard said the other guy ripped the sidewalk, he took a hunk out. Dana had to come pick it up, I’m not exaggerating. He tore the heck out of the sidewalk, that’s still not repaired, I’m just saying. You want to say about Mark’s house, but my sidewalk is ripped, that’s where I put my trash can. Councilman Snyder said I’m just saying, we’re trying to use good judgement, would you really want us to send you a letter saying to fix the curb. Because that’s who is going to get the letter. Mrs. Beard said no it ain’t, I won’t get that letter. My attorneys will know. I did not do that. Mr. Shearer said it’s a project that I didn’t get around getting quotes on, it was a PENN DOT truck took it out. If a PENN DOT took it out,its our storm drain it’s a project I haven’t gotten around to, to get estimates to fix it. Councilman Snyder said the only thing we can do, it’s the property owners responsibility, is to send the owner a letter. Mrs. Beard said if the property owner left the sidewalk go, or didn’t take care. He said the state damaged it. Also our garage carport, did not hit, we didn’t come after the borough for that, its still lop sided. Its not easy to get carport parts. Councilman Snyder said this gentleman, I feel bad for him, but I’m sure that garage didn’t fall in disrepair in a month. Councilman Noll said we did give them a thirty day extension for repair. Councilman Snyder said we’ve got to start somewhere trying to get as many as we. I’m not saying there is good people who get caught up in that, absolutely there is. We’re going after them. You wouldn’t even believe the thousands of dollars, and I’m talking thousands of dollars that we spent on the Richardson’s property alone. Mrs. Beard said from taking all his vines down, his tree is growing near our chimney on the third floor because its pushing our chimney down. The tree is about sixty or seventy years old, that tree. That is a lot of money. Mrs. Beard said that’s another thing, at the park, my grandson loves the park. The park is beautiful. Where are you suppose to go to the potty? The potties are always locked, I know they were destroyed. Get jiffy johns, people come there. They have to leave with their children, they are going we have to go to the potty. I don’t want to have everyone come to my house, strangers, and I would do that, there is a potty right here, why can’t we use it. There is always locked. Councilman Snyder said that is only opened up for renters. Mrs. Beard asked can we get a porta potty, so that little kids don’t have hold it until they get to a potty. Councilman Snyder said we can take that in advisement for the next budget. Mrs. Beard said I know its taxes, its money. I would rather see it go for good causes, rather to go for Richardson. I’ve about had it with Richardson. Councilman Myers said we still drive through Yoe. Mrs. Beard said I have to live beside it. I’ve only lived here a short period of time, wherever I lived I cleaned up. I am not taking care of something looking like that. Its too full of garbage. Councilman Myers said we have been messing with this for a long time. Councilman Snyder said it took close to four years to go to absolute auction. Councilman Noll said the property concerned us, that we completely re did our ordinances, that is how important those properties are to us. Mrs. Beard said I caught teenagers going in there, as a hold out, I told whether there is a man in there not, and they said there wasn’t, it doesn’t matter, its not a childrens property. Someone asked how long will it take for other properties to get to absolute sale. Councilman Snyder said that’s each individual property. That is the when the Suzanne Cummings property, went at the same sale, and that happened over a year ago. Each property. Solicitor Rausch said it’s a tax sale, but if you paying your taxes then. Mrs. Beard said I loved the trick or treat night, that was the nicest, with the fire department out, talking to the kids, making sure they were safe to walk across the street. They were out there, they had the lights out. Councilman Myers said the fire company has been doing that for about three years now. Mrs. Beard said that is wonderful. Didn’t have to worry, they were safe. Councilman Snyder said thanks for coming tonight.

Dennis Attig asked if you are going to talk about the rail trail? This rail trail, nobody wants it. Councilman Myers said its probably going to come into the borough anyway. Then you have the people out in the streets. Councilman Myers said I can’t believe nobody wants, because I’ve people tell me they do want it. Mr. Attig said everyone I talked to me they don’t. Councilman Myers said what are you going to do when the people are walking in the streets. We’re trying to get them through town. Coming down from Red Lion through Church Street. Mr. Attig said they aren’t coming out, they built that and so growed up, kids are down there smoking pot and everything else, what they did, everything else, growing gardens in it. Councilman Myers said nothing has been built yet. Mr. Attig said in Red Lion they did. Councilman Myers said that’s that part of this. Mr. Attig asked what do you mean its not part of this? They want to bring around Pennsylvania Avenue, they are going to dig that whole thing, put sidewalks, the street, where is all this money coming from? Councilman Myers said its coming from grants. Mr. Attig said its going to take a lot of money to put at Pennsylvania Avenue. All these strangers running around there. No one wants that. Councilman Myers said but you’re going to have them anyways, they are going to around there anyways. Mr. Attig said they aren’t coming around my place. Councilman Myers said you are at top of the hill. Councilman Myers said they are going to dump out unto Boundary Avenue. Mr. Attig said no one wants that. Councilman Myers said you are entitled to your opinion. Its moving forward. Mr. Attig said none of those people up there, going to sell, eminent domain. Its ridiculous. No one at the road, wants it. Councilman Myers said I don’t know what your intentions are, if it don’t go that’s fine. I think its going to go. Councilman Noll said there was a study period, and they are in the grant process now. Grants, it may start soon. Mr. Attig said eminent domain and take everyone’s property. Councilman Myers said its up to York Township. Mr. Attig said 30 million dollars for that stupid hill. Mayor Sanford said let’s talk about Yoe Borough. Mr. Attig said no one wants in town, that is what I don’t understand. Councilman Myers said I disagree on that. Some people do want, you may not want it, but I want it too. Mr. Attig said you are the only one I talked to, I tell you nobody wants it. Councilman Myers said the problem is, you are going to have people that dump out unto the street, that’s the problem. Mr. Attig said tell them to stop and go back up the other way. Councilman Myers said like we would tell you to stop and go the other way. Mayor Sanford said you can enforce that for us. Mayor Sanford said thanks for sharing.

Councilman Myers commented I get the house thing. Councilman Snyder said she doesn’t understand that we are doing everything we can do. Mr. Malesker said if she would have been at the meetings and looking at the minutes. Councilman Snyder said at the budget, we spent at least $2000.00 to work on the legal fees for the agreement with Habitat of York. That now flew away. It didn’t work out. She can’t say we aren’t doing nothing.

Solicitor’s Report
Solicitor Rausch said we did report the $5000.00 deposit. We weren’t the successful bidder.

Solicitor Rausch said on the rail trail, I was looking at the notes, I see there were a couple of easements that we want to go by. Do we need to follow up on that or? Councilman Myers said I don’t know where he left off at. He was suppose to be meeting with these people. Solicitor Rausch said two easements that you were looking at. Councilman Myers said yeah. Solicitor Rausch said I wanted to get confirmation. Councilman Myers said he was suppose to be talking to them. I want to talk to you about easements anyways, because there is no easement for the sewer and water going up to the park. We couldn’t find that. We want that regardless what happens to this trail. We want some kind of easement and now is the best time to get that because they are tied up with two banks now. I’m thinking bank won’t have as much ownership as a homeowner would. That is something. Councilman Snyder said you need to look at his file, and see what questions you need answered. Councilman Myers said just call me and I can stop down. Karla and her were suppose to meet with these two homeowners. We need to regroup and talk to them. It seemed pretty positive. Solicitor Rausch said I didn’t know how much we have. We need to settle legal ownership. Councilman Snyder said Charlie can work on it, the easement needs to be worded in as so much for the rail trail and also a general easement for utilities whether water, sewer, etc. those already go up through there. We need the easement regardless. Councilman Myers said we probably need a meeting with Karla. This whole utility, complete easement, crept up on us. I was thinking the whole time we had a easement. Councilman Snyder said it’s a old alley, its mentioned as an alley way, this is where utility went up. It was never adopted just proposed. Solicitor Rausch said if the two property owners don’t own that land. Councilman Myers said we need to make sure. Councilman Snyder said for the grant, would we have to show that we have that land. Councilman Myers said regardless what happens with the trail, we have to have a right of way going through the park. Solicitor Rausch asked how long have the utility lines been there. Councilman Myers said since the sixties. I tried a couple places at the court house. We don’t have a description. If we ever dig it up with a sewer problem, I don’t want to have an issue. Discussion continued.

Councilman Snyder said we received notice yesterday from YCPC. They gave notice to the municipality to adopt. However, there were a few items, five items, that weren’t taken care, that should have been taken care of, and we told Charlie Schmel to take care of them. Whatever reason it wasn’t taken care of. Now some of these, she said are additional comments. Like one of them, we took out the after hours club, left it in different ones. She is saying those still need removed from those reference. He still not change the no impact home occupation. He also left in the definition a reference to like home occupation, she said you don’t want that. It goes against the MPC definition. He is proposing one non resident employee and allow a sign or a no impact home occupation. She is saying that totally goes against the MPC it has to be family run. You can’t have a sign. After talking to her, all of these are considered minor revisions, that if the council decides to accept these revisions, we can just go to Charlie Schmel and tell him to change them and we can direct our solicitor tonight to advertise for a hearing, hold the hearing next month and prepare the ordinance for next month. Just because he has to do these revisions, we don’t have to send, just because he will do these revisions, we don’t have to send them back to YCPC for another review. Or just say, because she did say, its not going to break the bank, that is why they voted for the municipality to adopt, you can say tonight we are going to take it as is, and have him still advertise for a hearing and adoption. My thought, council, make him clean them up, as a committee we wanted him to clean them up and it just wasn’t done. So if its not going to hold up progress, if council wishes, get back to Charlie have him do that. And we can direct him. Councilman Noll said to verify, we have that public hearing here, as long as there are no changes that come out of the public hearing, then we vote to adopt that night. When do we send copies of our ordinance to the law library. Solicitor Rausch said a copy has to go when you advertise. Usually that is thirty days after enactment. Councilman Noll asked would you take care of filing with the law library. Solicitor Rausch said yes. Councilman Snyder said one other thing, a thought for council for down the road, Terri is not a lawyer, she can giver her advice, I refer to you. She still felt that since we are sharing uses with Dallastown Borough, an inter-municipal agreement would be beneficial to be drawn up between the two municipalities. Its not necessarily a requirement, because we allow for some industrial use in our town center and commercial zone. Her feeling was the comprehensive plan is just that, an idea we intend to do this, if we definitely do it, she would feel more comfortable that the two municipalities would have a municipal agreement. She doesn’t feel that it’s a death sentence if we don’t have it. Solicitor Rausch said you have a comprehensive plan with Dallastown and Red Lion. Councilman Snyder said and we are adopting our zoning ordinance independently. Councilman Noll said I was at meeting with all the York County managers, there are several that have done this, they said as along as you have a comp plan that is intended all the municipalities signed off on it, and we pass the ordinance, you are following the intent of the comp plan, you don’t have to have an agreement. Several of them share zones, especially with boroughs around them. Solicitor Rausch said okay I was under, I will have to review the joint zoning, I thought for protection, you had to have joint zoning. If you don’t have a use in your borough, another borough has that use, I don’t think just having a comp plan is a comp plan anymore. Mr. Malesker asked what about an official map? Solicitor Rausch said the official map, you can limit development. Mr. Malesker said you can show parks etc. Councilman Snyder said Terri’s thought was, since we are doing this independently, it doesn’t have to be done now. Just when Dallastown does decided to update their zoning ordinance, that would be the time to say, we did ours following the comp plan, you do yours following the comp plan, now we enter into. Unless it takes twenty years. Solicitor Rausch said my concern is what is it that we don’t have in our uses in our zoning ordinance. Councilman Snyder said head industrial, we do have industrial uses. Solicitor Rausch said you don’t have something that is not in the zone, then go into the zone. You do have zoning districts. Councilman Snyder said we have a town center, commercial and residential. Solicitor Rausch asked and industrial? Councilman Snyder said no. Councilman Noll said the industrial zone is what we are sharing with Dallastown. Solicitor Rausch said that’s all in Dallastown. Councilman Snyder said that’s all in Dallastown. We do have some of those industrial uses, that are allowed in our commercial zone, it’s a limited scope. Solicitor Rausch said we’ve got to make sure. Councilman Snyder said its one of those things, when Dallastown Borough finally updates, because there is no set thing, because we have a comp plan, there’s nothing that says we have a timeline of when we have to do it. Solicitor Rausch said we have to follow it. Councilman Snyder said and that was her concern. Solicitor Rausch said that’s why she was talking about this inter-government opinion, if it binds Dallastown. Councilman Snyder said it basically say when they do their zoning, doesn’t commit them that they have to or when, just when they do their zoning, we’ve already updated ours, understand we’re sharing zoning based on the comp plan, you intend to do the same. Solicitor Rausch said I will make sure we are all on the same page here. Councilman Snyder said she said she isn’t a lawyer, run it by you. Councilman Noll said there is another part of that, this is probably a time to bring it up. For the MS 4 we have to put together a lot of information on the town, and one of the things is asset, what we have in our town. I have found out that our map is locally inadequate that we have for the town, we have streets in the town that don’t exist, we are using that same map for our zoning map. Its going to be our official map, if we clean the streets up, keep the zones the way they are, we get rid of some of the streets that are not there, we have alleys that were proposed and shown as open on this map, that doesn’t exist in reality. Do we have to do anything , can we do that as a matter of update, I want to talk about that. Solicitor Rausch said on the zoning map, as long as you are not changing the zones. It doesn’t really matter. You can make those internal adjustments, its only when you start to change the zoning properties. Councilman Noll said I know that can be considered spot zoning. We don’t want to change anything, we need to get it updated. Councilman Snyder said two years down the road we have the money, its time to update the zoning map by cleaning up some of these streets. Councilman Noll said I wanted to make sure we can apply it later, if we spend money to clean up a map that should apply the zoning. Solicitor Rausch said as long as you don’t have a zoning boundary line. Councilman Noll said we have a lot of weird alley. Discussion continued on zoning ordinance update. Councilman Snyder said Mr. Myers did get the ordinance changed for use by rite. We had Delco and his attorney there, they wanted to propose my lot and his lot as part of the town center to give him more use. The committee discussed it, I had to abstain from the discussion because I am involved, the vote was two. After the meeting, Terri Ruby chimed in that what he wanted with residential on either side, as matter of conversation near the park, you would be jutting out into a residential zone, for commercial use, that is a planning no no. Councilman Noll said he was arguing about his property value, he bought it in a residential zone. Councilman Snyder said it was a pre existing non conformity when he bought it. Councilman Noll said it will continue to be in the same zoning it always was. Discussion continued. Councilman Snyder said with that discussion, these few items, it was term defined of a no impact home did not meet the definition of the MPC, the light home occupation needs to come out of the definition. PA MPC needs to be stated through out the book. Because he also changes that to state planning code. Needs to be consistent. The word after hours need to be removed in some other areas. We already took out the use, we did do that,we just left it in a couple areas. And the home occupation, he has it under general regulations for a home occupation, she thinks it will be confusing because it says see above. I told her, I didn’t have a problem with that, the only way to get to that it wouldn’t qualify for the light occupation because you are already in a different section. You need to follow this plus that. To me that make sense. If council decides to change this, clean it up. Then she said the zoning map appears to be consistent, borough officials need to be aware this is not an exhausted review, you should go through the whole thing for grammar and typos. Then there is a couple editing mistakes, change that table. Side yard is still what he meant for a set back. Reverse set back for yard. A motion was made by Councilman Noll that the Council President make contact with Mr. Schmel to do the changes as outlined in the notes from York County Planning Commission and then for our solicitor to prepare for the hearing to start at 7PM, then also to prepare and advertise the adopting ordinance. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Discussion continued about advertising for the public hearing and the ordinance technicality.

Mr. Shearer gave Solicitor Rausch copies of the information on the right of ways to the park. Solicitor Rausch said maybe on the original plan there may be information.

Engineer’s Report
Mr. Malesker said the CDBG application for the rail trail project has been submitted. We did not submit for 230 S. Main St.

Mr. Malesker said all the contracts for the equipment and materials bids have been executed. There were a couple I needed to bring back for Sam to sign and those were done. I dropped off the others for Sandy. All the new contracts are in place.

Mr. Malesker said just a reminder we have skybox tickets for next Tuesday. Still tickets are left.

Mr. Malesker said reminder we are doing the booth at the Dallastown Carnival. Part of your public outreach. It is borough driven. Councilman Snyder said one person from the borough needs to represent the borough, to get credit for it. Seven of us and mayor can be considered part of it. If you know you are taking your child, schedule that night. Councilman Harper said with my new position if it works out to be one of those days. Councilman Snyder said keep a look out for the schedule, etc.

Mr. Malesker asked if Dana wants to talk about Ecostruction. Mr. Shearer said when we purchased the Reidel, we would need to green space conservation there eventually. Its hard to see in the black and white photos, where the stream, when the pond fills up with water during a heavy rain event, the stream will jump the bank on the north east side on the grass strip between the creek and the Springwood Road. It washes back in where our first rock vein is. The black spot in the photo there was a large rock in there. This is starting to get worse. The one thing that does hold that area together is that tree that is there, actually what happens, you can see a noticeable difference, its creating a swale there, eventually I think if the tree holds, where the tree is located will become an island. So just to protect our investment here, dredging. We talked about this before, Mr. Allar had been heading this up with Jake Romig. Jake was trying to offset this with development down at Sage Hill, that fell through, they did the work on site. We aren’t going to get it for free. Jake had instructed him before, if there was anything that could possibly fall under a grant, from my understanding from him, there isn’t anything available at this time. Bottom line, his estimate for the work, his cost, to prepare his plan for the permit, because this is technically outside the basin area, since we added this property on, its not under our current permit area for the dams. We will have to get a general permit for this work. We are looking at a cost from him of $3925.00. He is estimating $500.00 for materials using R 6 rip rap. We can get those off the contract. Bottom line is $4425.00. Wanted to keep this going, so we had a price, we knew what we are dealing with. I did say in the email, recommendation to pay for it. The only thing I could think of the money left from the stormwater/infrastructure funds like we use for the curb along Philadelphia. I wanted to get Steve’s input of how critical this is at the time. Mr. Malesker said the critical part is that we don’t want to lose we talked about it before, one of the reasons we wanted to purchase this land is to be able to have control to do something like this because without being the owner you can’t control this. His estimate for the rip rap cost may be low. That is about 150 feet of rip rap. I think that is more than one truck load. Its near, we don’t want to lose containment of the channel, if we lose the peninsula area, we’re going to have a whole another dredging project of the basin, all the sediment will end up there. Discussion was given on the $15,000.00 for this year, for projects for the stormwater infrastructure. Councilman Noll said I hate to spend the money but we probably should. Discussion continued. Councilman Snyder said for the record, Steve, since we did a reverse subdivision and purchased the land, and that’s part of the dam and the property we own for the dam, our original permit, did not need to amended to include that extra half an acre, correct? Mr. Malesker said the original permit. Councilman Snyder added the original permit only go to a certain area where the original property line was. Mr. Malesker said right. Councilman Snyder said now we did away with the property line when we did our reverse subdivision, and we enlarged it. Nothing had to be done on that original permit to show that now instead of having seven acres we have seven and half acres. I’m just. Councilman Myers said that’s just a right of way going in, it shouldn’t have an affect on the permit. Councilman Snyder said I’m just making sure. Mr. Malesker said I can check on that. Councilman Snyder said this is the kind of stuff, we do this and we bring it to our attention. He’s going to get a permit for it. Then they will say, this is now one big parcel, you should have amended your other permit and here’s your fine, you didn’t tell us your area has increased. Mr. Malesker said if they did that, then you should be able to do maintenance on the existing permit. Councilman Snyder said we never notified them. Councilman Noll asked can we wait until next month to make a final decision. Councilman Snyder said if he finds out we need to include that into our already permitted area. Councilman Noll asked do we have any other fires to take care of yet? Councilman Snyder asked has Yoe Drive been taken care of yet? Mr. Shearer said no, and you are probably in the same ball park figure. That was started first. Mr. Malesker said as along as he addresses the one area where the missing stone is. Councilman Snyder said we made a motion to get it done. Mr. Shearer said two truck loads of stone is $800.00. It will probably be that much. Councilman Snyder said we will give Steve some time to find out. Councilman Noll asked are we doing the required inspections with the land in York Township. Councilman Snyder said the report is due in December. There is consensus of council for the engineer to go back to verify that we don’t need to modify the original permits for the dams due to the reverse subdivision enlarging our property. In the meantime we are going to hold off on awarding the proposal and get a completed estimated on Yoe Drive for Sandy to tell us how much money we have in our stormwater account.

Councilman Noll said Chesapeake Bay, passed out papers, what I have here, its come to that day when county is asking us if we want to opt in or opt out in the county plan. Two emails on opt in and opt out, the county plan take a quick review, the next page, is the York County CBERP, it’s a five year plan, because the MS 4 plan runs five years, if we choose to do this, Yoe Borough’s contribution is $284.00 each year. We get credit for having a Chesapeake Bay plan. I don’t want you look through the decision. We can have someone from county come to a meeting. We need to do a MOU, and resolution. The last thing is from the last regional meeting. Take some time to look through this. Mr. Malesker said you will have to do some tweaking to the plan right? Councilman Noll said what we were told, if we opt in, this is our Chesapeake plan. Mr. Malesker said I thought Derek Rinaulda said there is some tweaking to be done. Councilman Noll said the Chesapeake Bay Regional Pollution Plan, this would be our plan. So we wouldn’t have to pay to do one. Now that the numbers came in at $284.00. Councilman Myers said it sounds like the other counties are sitting back to see how it works, and then follow suit. Councilman Snyder said Springettsbury Township is $15,000.00, they are getting a bargain too. Discussion continued. Councilman Noll said they are going to consider starting a stormwater authority for the county.

Councilman Noll said one of the MS 4 things. Part of the plan is understanding your borough assets and make sure you have your stormwater and other things taken care of. What I did I listed all of our assets, down to the number of streets and storm inlets. Inventory of everything that we have, I have sent that off to C. S. Davidson. Passed a paper around. I’ve listed all the buildings all the streets in our plan. One of the things they want to see, is a map to label assets. Could be labeled with numbers. I ask if you can put a cost together Steve, to update that map plus get our overall borough map. There are names that aren’t correct. What I see as our official map. Discussion continued. Mr. Malesker said if you are getting liquid fuels, we use PENN DOT website to create a map. You will have a list of all your streets, on the spreadsheets. You can have this for free. We talked about getting GIS map. Councilman Noll said that would be ideal to have all our assets on. Check and see what we’ve have. We should check into how our streets are labeled. Program to update street signs. We are missing signs. Something to think about. Mr. Malesker is a GIS your long term goal. We’re providing a server to Dallastown Borough for the GIS map. We would provide you a log in, secured log in. They are going to use it for one calls, and for a water leak. For the sanitary sewer, we attached all the as builts. Dallastown is divided into fifths, they clean and camera each zone. Councilman Noll said I can look at it. Mr. Shearer said you are doing up there. It may be something our sewer authority, the water authority. Mr. Malesker said its going to have all the assets for Yoe Borough on there, the entire franchise area for the water authority including parts of York Township. Counciman Noll said check into it and call me. Discussion continued.

Maintenance Report
Mr. Shearer said the biggest thing is that Jake Romig will be doing the dredging in about two weeks in rock veins and repairing erosion where the stormwater comes from Dallastown. Where the inlet is into the basin, where we placed rip rap in to armor that, it silted in, at the end of the property. We do have erosion on the bank. Some removal of vegetation,put sediment down the hill. Its going to be over and above a regular dredging. Councilman Snyder said have either of you made any head way with Red Lion or York Township as far as the agreement. Councilman Myers said no, with my schedule, I’ll get there. Councilman Noll said I talked to Elizabeth, with some of things that we have done with the borough lines and things like that, she said, if Red Lion doesn’t opt in, they would be very agreeable to a ¼ which they should be paying for the maintenance. So instead of 1/3, it’s a ¼. I didn’t get a chance to talk to Diane at the meeting. Councilman Snyder said if Red Lion doesn’t want to, and they want that formalized, we will need to work that far enough in advance to send the bill out in January.

Mr. Shearer said street sweeping began in the back alleys. Hopefully that will be taken care of before I take vacation on Thursday. When they have time, they are start on us, while they are moving their signs around for their streets. They have a big project with the bridge on Franklin. Councilman Noll said we need to get some pictures of it for MS 4, they were adding our weight to their benefit. That is what they want to see.

Mr. Shearer said I am planning to be off starting Thursday Evening until Sunday afternoon of July 13th.

Councilman Noll asked if we are up to date with all our letters and licenses. Mr. Shearer said no, but now that some of this other stuff is done. Mr. Shearer said there was a letter sent out about 360 Yoe Drive, some questions because that had transferred into a bank, and there are people living there, car lot there now. I don’t know what the status of all the cars. Question, what’s that property’s status was, there is another individual paying sewer and water. But the former owner, and its not the bank. I did get ahold of the bank today, thirty minutes being bounced around, yes they are the mortgage holder as to anything else, she doesn’t know. At this point, we assume that people paying the bills are paying the mortgage. There was question whether it was a squatter situation. Mr. Shearer said we got the property transfer, from this person to this person. The person was US National Bank Trust, in Irvine CA. Did a search that address, it came back Rushmore Loan Management. So there was the question, whats up with the property, individuals were. They were getting shut off for the their water, they went in to get everything current, they claimed a sales agreement. We sent a letter inquiring about being a rental, to get information back from the bank.

Councilman Myers said we had to get the cub cadet repaired $250.00. What is with the alarm is it up and running yet? Mr. Shearer said she was going to contact Jed, when her intention was for tonight, bring everyone up to speed to get in and out, password. Its us contacting Jed and go live. I don’t know she sent all the information to him yet. As it stands right now, he put me in to set the system up. I’m not sure if we are being monitored. The thing is beeping. He was getting a trouble signal. It was at the central monitor they had a server go down. Mayor Sanford asked can we verify the fire signal. Is he or isn’t he? Mr. Shearer said I don’t know if he is monitoring the system. Discussion continued. Councilman Snyder said if someone comes in during non business hours, I don’t want to be setting the alarm off.

Councilman Myers said I contacted All Seasons Lawn Care, we have some issues up here at the ball field. We are hammering people on how things look, we have our own weeds, and stumps up here for way over the year and the fence is in terrible shape. I asked for a quote for stumps and fixing the fence. For the stumps he’ll grind the stumps and leave the stuff there and maintenance will take care of it, for $950.00. And I asked him to repair the fence, repair the top and make the fence work and stretch where you can, I don’t want to get the impression that it will look like a new fence, that’s not going to happen. Make it presentable, that price is $1250.00. Its been over a year for that fence. Councilman Noll said the stumps need to be done. The fence next year. Mayor Sanford said write to the Cougars see if they could cough up the money. Mr. Shearer said I haven’t seen the Cougars around. The Sunday Men’s league is there. Discussion continued. A motion was made by Councilman Noll to spend the funds, $950.00 to remove the stumps at the baseball field. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said stumps removed.

Councilman Myers asked who are your part timers? Mr. Shearer said Rick Searle, Jason Mosebach, Scott Henry, John Sanford and Barry Myers. I think we are going to run into a problem. Patti has been calling different people to get someone to mow, the lady that did it last year doesn’t want to do it this year. And she is being getting denied, don’t have time. All Seasons is busy also. Councilman Snyder said if we don’t have anyone lined up, we don’t have anyone lined up, but we need to be diligent for our enforcement. John Sanford said maybe Scott would be interested when he is done work. He has regular hours. At least start on some front yards. Discussion continued. Councilman Myers said I will tell her to be diligent and talk to Brooke when I see him. Councilman Snyder said tell Patti, to keep citing them every two weeks until their current. We can tell residents that we are enforcing the ordinance. Discussion continued.

Zoning Officer’s / Code Enforcement Report
Councilman Noll said I will pass this around about citing. Certifcate of Occupancy, the borough is going to issue. We are calling the homeowners to pick it up, we are making all fees are paid. Councilman Snyder said I talked to Charlie, the first two occupancy permits, fees are not paid. Those people put their things in place. Charlie is going to check into recourse. Property taxes and a water bill. When a permit comes in, we should check.

EMA Report
Mayor Sanford said I received an email from York County, about the newest compliance plan. They are doing that differently, electronic form. Before I complete it, I want to get Ryan and Bill, complete their courses in NIMS. Councilman Harper said I don’t know which you need, but I completed some when I worked at the hospital. Mayor Sanford said I need a certificate. Councilman Harper will check into that. Mayor Sanford said I have until September 30th.

Mayor Sanford said we got a letter in conjunction with DEP and FEMA, there changing the way they are doing business for the Emergency Action Plan at the basins. Its going to be all electronic, Steve has a copy of that. We will work together on that. Here is the letter.

Mayor Sanford said I do not have the amount of the grant that was approved to county for the radio project but there is some money that they got. Barry, do you know for the county to fund that? Councilman Myers said the 26 million? Mayor Sanford said but they didn’t get the full amount. Councilman Noll said they got a low interest loan and if the federal government pays them back, to see if they are going to reimburse.

Mayor and Police Report
Mayor Sanford said the highlights for the month are on the front, the police report is on the back.

Secretary’s Report
Councilman Snyder said I’m not sure when she will back in the office. I will order a Brown’s basket for her and wish the best for her.

Councilman Snyder said for your peruse, we received York Regional EMS, Inc. audit for the fiscal year 2013.

Councilman Snyder said Sandy did send out requests for bids for auditors which will need to be appointed by the end of this year. Because of the issue with the tax collector, she also included a bid for tax collection audit services. My recommendation we hold off making any decision without her input. To see where we are at. I will tell you, the prices were $6600.00 for 2014 going up to $6700.00 from Stambaugh Ness. That is right in line with $6200.00 in 2014 going up to $6550.00 for SEK and Co. The difference I noticed, Stambaugh Ness gave us a price if we agree to do an audit annually along with this, that would cost additional $1500.00. SEK did not provide a cost, they say don’t what it would be, they will wait until we need it in 2017, then provide a scope of services. Councilman Snyder said we anticipate since we lowered the tax collector’s compensation from 5% to 3%, that after this election period she may not seek re-election. If there is a change over, since she has been our tax collector for at least 40 years, its up to each municipality or each taxing district to do their own audit. The school district is responsible for their end, the county is responsible for their end.

Unfinished Business
There was no unfinished business.

New Business
There was no new business.

Payment of Bills
Councilman Snyder said everyone had an opportunity to look over the bill list. I didn’t see any additional bills that came in with today’s mail. A motion was made by Councilman Noll to pay the bills as listed. The motion seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

A motion was made by Councilman Harper to adjourn the meeting at 9:45PM. The motion was seconded by Councilman Snyder. All in favor.

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