borough of yoe

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

Minutes for July 2, 2013

The regular monthly meeting of Yoe Borough Council was held on July 2, 2013 at the Yoe Borough Municipal Building, 150 N. 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 (arriving at 7:24PM)
Tom Allar
George Howett
Regan Strausbaugh (arriving at 7:07PM)
Wendy Coble Tyson (arriving at 7:40PM)

Others in attendance:
Sandy Sterner, Secretary-Treasurer
Steve Malesker, Engineer
Seth Springer (Sitting in for Borough Solicitor Charles Rausch) Jim Tyson, Resident

Quorum Present
Councilman Snyder said let the record reflect that there is quorum present.

Councilman Snyder asked if everyone had an opportunity to look over the minutes of the prior meeting, 6/4/13, any additions or corrections? A motion was made by Councilman Allar to accept the minutes of 6/4/13 as presented. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said minutes approved.

Mr. Tyson said the man I wanted to talk to isn’t here. Maybe you can answer the questions. Why, whats the ruling on setbacks on stop signs and these yellow paint marks for curbs? I know one intersection where that they don’t stop ahead, Councilman Noll is very familiar with the intersection. All four yellow paint lines, none of them are the same. From the intersection going either direction, east or west off of South Main Street, none of those yellow lines are the same and stops signs are not the same. The setback from the east yellow line and from the straight line to actual sign, if you measure that stop sign, it don’t add up. I don’t know what the ruling is on it. That is one thing. Councilman Snyder said I have no idea. Councilman Noll said stop signs are placed where they are by PENN DOT rule entering onto a PENN DOT street and they are the ones to do the traffic study to get them. A lot of them have to do with site distances depending on the angle that comes down. And where they want them, and if there is a sidewalk with that. Most of that placement has a lot of factors. Mr. Tyson said okay, what about the paintings, 30 feet from the stop sign back, for the first available parking spot. Councilman Noll said again, not necessarily, it has to do with site distances, and where you want the vehicle. Collector streets are different in a municipality, than what PENN DOT paint lines. Ours are set by ordinance or by whatever traffic study at the time. Councilman Snyder said the only one I’m aware of, is under Title 75 in the vehicle code, no parking within fifteen foot of a stop sign. That is the only one I know of. Councilman Noll said the answer is depends. You have to round all the factors in. Councilman Snyder asked, any other questions? Mr. Tyson said I took care of council’s notation, I approached an owner of a property on my own. And that is Henry Realty Apartments on Elm Street, which runs between Third and Fourth, W. Third and W. Fourth. The man told if there is any trouble there notify the police department. I was cordial to the man to bring it to his attention, i.e. fireworks. And some of his tenants not being able to read signs, i.e. keep out, no trespassing. The man told me to call the police department. I am making council aware of the fact , to put it up in the records, for notification of the police department for this borough. Giving them forewarning. It seems people don’t want to ruffle the feathers, that’s fine. The other thing that I’d like to see this borough do, other than on a whim. Would be to get out a newsletter, more than once in a blue moon. Having some do’s and don’t’s, i.e. trash, grass, snow. What the fines are, the penalty therefore of. I do not what this to be a borough paid promotion on borough council or employees of the borough publicly wise. I want it to be strictly borough business. Blighted property, what is going on with them, stuff like that. There is elderly people in this borough, that do not have a computer and they aren’t able to come to the meetings to find out what is going on. Quarterly, every two months, let’s do it quarterly. Councilman Snyder said I can address your concern right there. This entire council is all in favor of that. Because of our limited funds, we do a lot based on volunteerism. We had a volunteer running that newsletter for us, which was why it was going out every six months. For whatever reason, she decided to drop it. Council has been searching for someone to take over, in her capacity to do the newsletter. We had one lady interested, there on Main Street across from me,she really seemed to be interested, unfortunately she must have gotten some sort of notification letter so all of sudden she got a bad taste, she decided she wasn’t going to do it. If you know of any volunteers or anyone that would like take that on, send them our way. We have been saying the same, we’d love to get this information out to the people, what do we do. If you know someone, definitely. Councilman Noll said the other thing she did was she went around and raised money so it didn’t cost the borough anything to do the newsletter, it costs around four to five hundred dollars per issue to do the newsletter. $1,000.00 year to send out the newsletter. Councilman Snyder said it would cost us $1,000.00 a year for those two, she was selling ads for $25.00/$50.00 a piece in that insert. I was pleased with the newsletter that went out, they were very nice. If you talk to someone, one of those elderly people who want to get involved, send them our way.

Solicitor’s Report
Attorney Springer passed out the solicitor report listing his status for the month.

Attorney Springer said the first said the first thing is the attorney and court costs for doing a condemnation. I broke it down into a minimum and maximum. Something condemnation laws, which requires the borough to pay the first $4,000.00 of costs to the owner, up to $4,000.00. So that said, add that to the bottom line of the minimum or the maximum, you get different forms of services. How indept the action is. And also the appraisers fees. We have an appraiser who works for the office, I am going to call to see if he can do it for less. That’s the estimate. You probably want to take an average of the minimum and maximum. The maximum is $11,000.00 and the minimum is $7000.00.

Attorney Springer said we have so many issues, at the last meeting, after the last meeting and residual issues, so here is my solicitor’s report. Going forward, it would be good to have a status report.

See Supplement A-Solicitors Report

A motion was made by Councilman Noll to have the President of Council sign the deed when it is prepared so we can record it and then apply for tax exempt status on that property. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried. Attorney Springer said the tax bills received, one was $123.00 the other is $23.51 which covers two months. President Snyder said we paid items at settlement. Mr. Malesker said the driveway was for the Reidel’s driveway. Attorney Springer said I don’t know what they are referring to as new construction. The bill just says Locust Street, we need a better description. I won’t know until Ms. Crumling calls me back. Councilman Noll said try to make contact. Attorney Springer said if the phone doesn’t work, I’ll follow up with email then hard copy.

Attorney Springer said Sam make a resolution authorizing the borough to enter in then I can advertise the ordinance for the insurance program.

Attorney Springer said apparently there was an ordinance that was passed, already signs that were posted. Councilman Snyder said some streets were posted weight restricted after the 1977 cut off. A traffic study wasn’t done after 1977, by going back through to find out what streets had traffic studies and which didn’t have. Mr. Shearer narrowed it down to four streets. Those four, we are requesting the county to do those traffic studies. Do we have to capture on a new ordinance? Attorney Springer said I advise to do a new ordinance. Makes it enforceable. Councilman Snyder said it was duly adopted, but not with a traffic study. Attorney Springer said to have it enforceable, you had to have a traffic study, best to tie up loose ends. Just for the four streets. The secretary will get the traffic studies to Attorney Springer. Councilman Snyder said that nullifies with the typos on the ordinances we already have, if we do another ordinance with the corrected street names. Discussion continued. Councilman Snyder said the problem with Third and Fourth, when they codified they switched East and West. That was at the time. I may even said East thinking West, when we were going through codification. I knew that we did a traffic study on East Third and Fourth at the time. We adopted West Third and Fourth. Discussion continued. Councilman Snyder said once the traffic study is done, it has been ordained. We take care of East and West Third as a typo, you are getting a letter off on that. Attorney Springer said the chances of an attorney to challenge this, whether the court agrees with it or not. You could correct the East and West and do the traffic study. Councilman Snyder said when you re codify, you re-adopt everything again. Attorney Springer said I’ll get the East Third and West Third corrected.

Attorney Springer said I am sending out a letter advising them of filing of the lien on 196 Main Street. Giving them thirty days, moving forward we can request counsel fees. Councilman Allar said code enforcement and zoning people in Dallastown, when they go out to cut grass at properties, they don’t lien the properties. They put the charge on the water bill. Apparently that has been going on for sometime, I don’t know if its been challenged. People want their water to keep flowing, if we are under the same water authority, is this something we should do? We talk about liening the properties, maybe this is a much easier way to do it and get paid. Mr. Malesker said Dave Jones is the attorney for the Water Authority. Maybe you want to talk to him. I talked to Nate, who is the zoning official up there. Attorney Springer said I’ll ask. Discussion continued. Attorney Springer said I talked to Solicitor Rausch, about 230 S. Main Street, there is a lien with the sewer authority. We can’t file a rite of shara facia since we are not the sewer authority. I want to make sure to add a maintenance bill on a water bill. If that is one way to do it. Discussion continued.

Attorney Springer said I want to sit down with Patti Myers and see if we can use the property maintenance code as more than a sword than we have been. In sitting down with Solicitor Rausch, he said we can get into the house if Mr. Richardson lets us into the house. Councilman Noll said we could if we adopted the whole code, we only adopted Chapters 1, 2, & 3 and the appendix. Attorney Springer said he was under the impression you adopted the whole thing. Attorney Springer said a couple months ago, I recommended Patti keep citing. Solicitor Rausch said, if you let this property go to a tax sale, and the property doesn’t get picked up, and then you let go to a judicial sale and the property doesn’t get picked up. Then its put on the depository list, then you can get it for a low amount. They want to clear the roles. Discussion continued. Councilman Noll said Blanda Nace from Economic Alliance is working with the county, the newest Title 53 from the state, has provisions in it for going to quick condemnation, if they have an authority like in the city and lists the property as blighted. As soon as it has that designation, it can go for condemnation. We can do the same thing, the problem is we would have to create an authority that would do that. So it makes it easier to stand up in court. They are in the process of making a county authority, any municipality. The huge advantage is they don’t have to put it all together in your municipality, the other big advantage is, if you go to court over it, its very easy in my town don’t like me, that is why they say my property is blighted, its harder to say that in front of a judge when you have a county wide committee, everyone has the same criteria. He told me that’s about six months away, by the end of year, be able to submit properties to go through the process. Discussion continued. Councilman Noll said I’ll fax that sheet out. Everyone is excited about it. Councilman Snyder said we have the grant from the county to get eminent domain, if it goes through the next sale by the time we hear back from the county. Councilman Allar said are you talking about the emergency CDBG, it may not be that simple? I talked to Joiann Galiano, first of all the county doesn’t have emergency funds, they have a line of credit with HUD. They apply for, and HUD has final approval. In order to ask for the money you have to have an emergency. She gave me two examples. One example is like Hurricane Sandy, a declared emergency, another one is if you have a fire, part of the house is still standing but its ready to fall into the neighbors house or into the street or even eminent safety issue that would be an emergency. She said it has to be, or anyone would apply for emergency money. I don’t know what the emergency that we are going to put down, otherwise we just wasting time and money, its not going to get approved. Attorney Springer said a health and safety issue, the neighbors have said if there is a fire there goes my house, the emergency is still there. Its not caused by fire, it caused by a guy who just let his house deteriate. But we find ourselves, in an emergency in dealing with 230. Discussion continued. Councilman Noll suggested to check with Dianne from Red Lion. Discussion continued. Attorney Springer said when I talked to Joiann Galiano, said funds are available for an emergency. Councilman Allar said we have to think about what kind of wording we would need. Attorney Springer said we have an order to vacate. Councilman Noll said the water was turned off because it was an unsafe structure. Discussion continued. Attorney Springer said I’d proceed with the grant application. Discussion continued. Councilman Allar said I have been working with Miles Fishel from Habitat. We’ve been contacting people. Looks like we may have a line on some people, who know people, there is even a celebrity mentioned, where $90,000.00 to $100,000.00 can be raised. The timeline which is not dissimilar that what we’ve been talking about actually. The way its works, they put together a steering committee, and have a theme to it. What they are looking at now is a Veteran’s build. They’ve done this for 3, 4, 5 years. The steering committee will probably start forming up in August. They are looking at having a property in line by January 2014. They’d liked to do one in Yoe. They have a MOU signed with the Red Lion School District. They have seen , several people from the Habitat have looked at the property, that feel this is acceptable. We have talked to the person that was here to the person who gave us the briefing and have gone before the board. My understanding is the staff recommends the property and the funding is there, the board automatically approves it. Its not really question of having to go this far, to see how it turns out in the end. Once they have a property in mind, around May of next year, they start identifying and getting a family. It was mentioned well we’re going to get Section 8 people, we are going to get welfare people. I want to make it clear that the standards that the Habitat has, Section 8 do not qualify, they look at income level, people that are established have income flow, down on their luck, they’re out of a home. So is why you only have 5% default rate. Find a bank that has a 5% default rate. These are responsible reliable people. 2013 to 2014, is collecting the money. The steering committee which is not just the funding, had all the technical aspects that they would need for construction. Looking at breaking ground in January 2015. Build whatever is to be built, or rehab it and the family would move in early 2015. Now they’re going to move out of this thing, with or without us, I know this because they’ve already done several thousand of them in York County. They are going to collect the money. They have a lot of power behind them. There is an opportunity, we don’t have to go with them, they can go down the road and find another municipality to do it in. But this is a soup to nuts project. At the end of it, there will be building there. Do we want to get into construction of home and everything that is involved with that. None of us have the time to do it. They have all these experts. They are going to collect the money, they have the technical support that is acceptable and to get back on track. Attorney Springer said in the order of how they occur. We have to get title of the property. Once we get that. Councilman Allar said we have to have some sort of understanding with them. They are planning on their schedule, they have to know what we are going to do. The steering committee will have to market it to sell to collect money. They have to have a property in mind. Councilman Myers said didn’t Mr. Briddel say, that they would be able to act quicker if we had the title in hand. Councilman Allar said that is what they are asking, based on the schedule will we have a title on hand January 2014? Now this is a lot of information I was going to have someone from the habitat to discuss the financing and schedule and so on, next month. If we are in the process, if we are doing an eminent domain or the tax sale, or conservatorship or whatever we decide to do, if that is going to work, I think they would be flexible with their date because they know we can’t schedule the court, it may be several weeks, it may be several months. They have to know that we are proceeding along certain lines to obtain the control. Councilman Snyder said we have a resolution tonight to apply for the CDBG monies. Councilman Allar said it has to be firmed up for both of our protection. Somewhere, we’ll bring her in next month. But somewhere in the next month or two, because this committee is going to form in August. We need to sit down and work out a MOU. Discussion continued. Attorney Springer said if grant comes through, some kind of action. Councilman Allar said what is the timeline? Attorney Springer said I was told it is a pretty quick process. Mr. Malesker said the grant can be changed to acquisition. Attorney Springer said if the grant doesn’t go through, I wouldn’t recommend in debt for the benefit of Habitat of Humanity. Councilman Noll said they have several projects on the rolls. Councilman Allar said if we had a MOU we would be on the schedule. Attorney Springer said I wouldn’t recommend a MOU until you know where you are at with the CDBG. Councilman Allar said depending how you write it up, legal costs, appraisals in there, from demolition to construction. We can put all that in. Attorney Springer said I didn’t know you could put construction in. Councilman Allar said I asked specifically about that even the acquisition. Even at a tax sale, that sale was covered by CDBG. Councilman Allar said the way she said to do it, is you put in what the assessed value is. In the grant application. Attorney Springer said its assessed at $87,000.00. Discussion continued. A motion to resolve resolution 2013-05, the resolution to apply for CDBG funding was made by Councilman Noll. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said so be it resolved. Councilman Allar asked Steve when you were doing your estimate, for all the included, did you come up with a figure for that? Mr. Malesker said I got general costs from Seth, the cost of. Councilman Allar said if there is a lot of money involved, they aren’t going to do that, someone will have to do that stuff, why don’t we ask for the money for that too? Mr. Malesker said I’m not sure what you are saying. Councilman Allar said we have a figure of $16,800.00. Attorney Springer said I gave a minimum and maximum that we would be liable for. Councilman Allar said I don’t know what all these costs are. I don’t know what they would be. Let’s add for everything. Why should we pay for it, lets ask for all these things too? Attorney Springer said can you waive the permit. Councilman Noll said demolition we would need a zoning permit. Mr. Malesker said the engineer’s estimate, we didn’t itemize, we can make it $35,000.00 or $40,000.00. Councilman Allar said I think we should. I haven’t seen the application. Mr. Malesker said we don’t have the application ready. Councilman Allar said I am double checking. Mr. Malesker said we are going to discuss that tonight. We want to keep in the game, be realistic.

Attorney Springer said I looked through the tax collector’s manual, it will be advertised for next month along with the other one. Councilman Snyder said Seth had mentioned that when we lower the tax collector’s salary, that we are still being fair. I pulled numbers from the school district. Tax collector collected $666,000.00 for the school district last year and she was compensated $712.00. Last year she collected $96,000.00 which is only 1/5 and was paid all but $6000.00. I don’t think going down to 3% which is going to be $3000.00 for just compensation. Its not changing her compensation, its changing it for the next elected tax collector in four years unless something happens. If there is someone to do the job, its an elected position.

Mr. Malesker asked what figure do you want me to put into the CDBG application? $11,000.00 for what Seth came up with, the demo cost is $17,000.00 there are some exclusions there. Councilman Snyder said the borough is putting in $5,000.00 there. Mr. Malesker said we can increase demo to $25,000.00. Attorney Springer asked would they ask for supporting documentation? Mr. Malekser said they never did before, it was called the engineer’s estimate. Discussion continued. Mr. Malesker will be working and completing the CDBG application. Mr. Malesker said I have photos from Patti but as far as the vacate order, I do not have that. Attorney Springer gave him the vacate order. Attorney Springer suggested adding the minutes where neighbors filed complaints. The secretary will send them to Mr. Malesker. Mr. Malesker will send the application for the President of Council to sign, the resolution authorizes this. Mr. Malesker said this is a mid year application of emergency.

Engineer’s Report
Mr. Malesker asked Councilman Allar if he had an update how the walk through went for mitigation project? Councilman Allar said Danko, AARC and York Township, it went very well. Danko was happy. I used the time, I talked to him before on the phone, to officially have the release of the cease and desist order. He’s going to take that up with his boss. There were some change orders, that we should be getting copied on. They are relatively minor. At this point, he is satifisfied. The secretary said we have been copied on both invoices and cancelled checks from York Township and Jineen Boyle will be here Monday July 8th to begin grant processing for $15,400.00 for the borough. The total came out exactly to $29,500.00. We had matching of $15,000.00. I do know everything she needs. I have the invoices and cancelled checks ready to go. Mr. Malesker said she may see the minutes from the walk through. Councilman Allar said that was not an official close out. Mr. Malesker said someone will have to come and close out, and look at the site.

Mr. Malesker said I did touch base with Jake, application period starting now. He is saying he is planning on submitting basically the same ones, he will change them a little. He is planning submitting what he did before, that weren’t funded last time.

Councilman Allar said one more thing with our meeting with Danko. We asked him about inspection. He said because we are too far into the growing season, he is not inspection until mid summer of next year. We talked about the five year thing. That will be the first of the five years.

Mr. Malesker said I am working with Dallastown about a booth at the carnival. It will be Dallastown, Yoe and Red Lion. Dallastown will be sending out correspondence. DEP, WAY and Conservation District will be invited. Correspondence will be sent. Education credits for participating. The secretary reminded anyone participating in any form of education for MS 4, the documentation is needed.

Mr. Malesker said the client appreciation picnic is July 30th. Some are sent to email, others will be sent to your home or borough office. Instructions on how to register for that. Its in the picnic area. The secretary will forward to those who have email if needed.

Maintenance Report
Councilman Snyder asked if everyone had an opportunity to look over Dana’s maintenance report.

Mr. Malesker said Dana did call me about Mason Avenue about the posting. There is a four ton sign out there. I don’t know if it’s the bridge, if its for the bridge its not posted properly for the bridge. The bridge doesn’t need to be posted since we did that work, nothing over four ton is not safe there. The bridge is fine, it would be more a roadway issue. As an engineering for the bridge to be posted. I have included in your traffic study as a safety thing. Not as much as a bridge thing.

Councilman Myers said we talked to Jake there is some silt building. Scheduling dredging for late July, early August.

Councilman Myers said we approve for the gentleman to expend $450.00 to review the tree along Yoe Drive. The secretary said we are waiting for the report and the bill.

Councilman Allar asked, last month there was a repair to the sliding board? Councilman Myers said its sitting out there. It broke right at the mounting bracket coming up out of the ground. It was the oldest one we had up there. They have to tell us how we want it fixed, the company.

Councilman Snyder said we received notification from Officer McGee on some signs and vegetation. I sent that on to John and Barry. Councilman Myers said the vegetation has been taken care of.

Zoning Officer’s Report
Councilman Noll said the zoning officer’s report is here. Send it around to look at. The citations, everything that was sent and received, letters in here.

Emergency Management Report
Councilman Snyder said no report.

Mayor and Police Report
Councilman Snyder said the mayor is absent tonight, he did however send a written report. At the bottom is May Police report: 22 calls, 2 accidents, 5 traffic citations, 1 juvenile arrest. For 35 service hours and 34.26 administrative hours.

Secretary’s Report
The secretary reported the office will be closed July 19th.

Councilman Snyder said we received notice from Red Lion Area Senior Center that they are holding their silent auction on August 10, 2103.

Councilman Snyder reported we received the financial report from Yoe Fire Ambulance Service, their 990, as well as their financial statement from the auditor.

Councilman Snyder said as of today, we received only one quote for proposal for wildlife control. From Ellis Wildlife Control from Manchester, for ground dwelling animals. They want a set up fee of $125.00 which includes all traps. $65.00 pick up for all animals during one visit. Daily trap check of $65.00 would include removal of animals if they have to do the daily trap check. We need someone for at least the dam area. We can give this name to residents at their expense. Dana could check the traps on a daily basis. A motion to accept the proposal and to ask for a contract and certificate of insurance from Ellis Wildlife was made by Councilman Noll. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

Mrs. Hemler is retiring at the end of the year.

Unfinished Business
There was no unfinished business.

New Business
There was no new business.

There was no new business.

Payment of Bills
Councilman Snyder asked if everyone had an opportunity to look over the bill list. Have one additional bill: Verizon Wireless for $51.67. A motion to pay the bills with the notated addition by Councilman Noll. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said bills paid.

A motion was made by Councilman Strausbaugh to adjourn the meeting at 8:54PM. The motion was seconded by Councilman Snyder. All in favor.

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