borough of yoe

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

Minutes for July 7, 2015

The regular meeting of Yoe Borough Council was held on July 7, 2015 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
George Howett
Ryan Harper
Bill Bankoske
Regan Strausbaugh (arrived at 7:07PM)

Others in attendance:
Dana Shearer, Maintenance
Steve Malesker, Engineer
Peter Haldeman, Sitting in for Solicitor Rausch

A motion was made by Councilman Howett to accept the meeting minutes of June 2, 2015 as presented. The motion was seconded by Councilman Harper. In Favor: Councilman Snyder, Councilman Myers, Councilman Bankoske. Abstaining: Councilman Noll.

There are no visitors

Solicitor’s Report
Attorney Haldeman said the Church Street extended, I got a certified copy for you stamped and sealed. That has been recorded on the road docket. I sent a copy to you and Dana wanted a certified copy as well.

Attorney Haldeman said on the horizon is the trash contract. I took the last one and changed the dates to make it accurately reflect for the next three years. Mid July it can be advertised that will be forty five days before the September 1st meeting. Councilman Snyder said the only comment I had is to change the date. We only had one issue prior to the meeting with a councilman and garbage not being collected. Issue about weight. I don’t see anything in the contract that discusses anything about a weight limit that they can refuse to take any type of garbage. Our contract allows for one large trash item per week. That was handled privately throughout the month. Make sure it was addressed properly in the contract. We have teeth in there for fines and penalty to collect. It would just be an enforcement issue. Take that slow approach and work it out. Anyone notice any problems with dumpsters? Councilman Myers said sometimes its not their fault. Attorney Haldeman said Charlie looked over it to. A motion was made by Councilman Myers to advertise for the trash contract as specified at the earliest possible date for bid opening on September 1, 2015. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Engineer’s Report/MS 4 Report
Mr. Malesker said I left the discussion about the survey with York Township since Seth wasn’t at the last meeting. So that is under section four of the engineer’s report.

Mr. Malesker said I will take the MS 4 binder with me tonight.

Mr. Malesker said I spoke with Fitz and Smith. I haven’t heard from them either. All the rain has them behind schedule. They said they have it scheduled for Friday. An invoice is needed to show that they started before the contract ended. Mr. Shearer said he will handle that. Mr. Malesker said Rick Levan sent the project number. Mr. Shearer said we gave them notice to proceed.

Mr. Malesker said I don’t have anything yet for the permit check list. Derek is working on it.

Mr. Shearer said Steve and myself met with Lester Mummert earlier. Mr. Mummert approached me about what we are going to require for curb and sidewalk. I wanted to make sure Steve had a chance to look over the property and requirement for curb and sidewalk. Discussion continued for the best plan for placement of the curb and sidewalk. Councilman Noll said we should send him written notification. Mr. Malesker said it would be a good idea to have it in writing to have him leave the rolled curb as is. Because for any new development you put in, you want them to put in curb and sidewalk including the driveway. You are allowing him not to do that. It should have come up earlier, there should have been a variance. Councilman Noll said it should be a motion of council because its against our ordinance. If conditions change and curb needs to be put in, then council can notify him. Councilman Snyder said once someone starts utilizing it as a driveway it may break down. Mr. Malesker said whomever is going into the driveway everyday, its more like a speed bump. Councilman Noll made a motion that in the section that Steve and Dana are talking about the area of the paper alley, Myrtle Alley that they allow at this point a rolled curb, a letter should go out stating that, with six months notice the new home owner will need to put concrete curbing in that area and sidewalk will be placed across. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Mr. Shearer said you do want curb and sidewalk in front of the house. All were in agreement. Mr. Shearer said do we have to put the adjoining home owners on notice. The sidewalk will stop at the property. Are we going to require Mr. Howett to continue the sidewalk from the edge of Mr. Mummert’s property to Mr. Howett’s driveway, an eight or nine foot section? Discussion continued. Councilman Noll asked that Mr. Malesker write a letter to Mr. Mummert with specifications. Mr. Shearer asked that what we are requiring be in detail. Councilman Noll asked that a draft be sent to council with a date to get back with any comments prior to release. Mr. Malekser asked has been calling for storm water inspections. It needs to be inspected twice, once when he puts liner in and once when he puts the stone in. Councilman Noll asked Mr. Shearer inform Mr. Mummert that he will be getting a letter and also on the pit to make sure he doesn’t fill it in until its inspected. Councilman Snyder said a utility right of way was granted for sewer access. Whatever he worked out with the authority and the next door neighbor. That is part of the record.

Mr. Malesker said the only other thing is the grant. Councilman Myers said the contract was turned in and I talked to Jake and his price is within the $600.00 he quoted. He did put in that the grant included the engineering fees. This is for stream restoration at the dam. We have to get a permit. Councilman Snyder said one comment you had made, you indicated that York Township wants a full land development plan submitted prior to grant approval to get in. Councilman Noll said we emailed York Township, we will support you on the project, don’t forget you need a land development plan. Mr. Malesker said when I talked to Gary he said we aren’t going to need much, he had no idea. Once Jake submits the permit, we’ll just have to put that on. There will be some additional engineering. Councilman Snyder said their concern is the sewer lateral. Councilman Myers asked how much is the land development plan going to cost? Mr. Malesker said Jake is going to create a CAD imagine for his permit. I think I sent him the CAD files, its going to be easy to put that on there. Where we start is send the plan to Gary and see what he wants to do. Councilman Myer said its sixty feet. The sewer line is down further. Mr. Shearer said its at the very edge of the original scope. Councilman Snyder said you know whose going to handle coordination at this point. Mr. Malekser said it will start with Jake, give Jake authorization to proceed with the permit. He’s not going to be familiar with the LD process. Councilman Noll made a motion to accept this project and expend the funds as necessary and to accept the grant. Let the record reflect a consensus of council was made via emails and phone conversations prior to get this to the point. The motion was seconded by Councilman Howett. In favor: Councilman Harper, Councilman Bankoske, Councilman Snyder, Councilman Strausbaugh. Abstaining: Councilman Myers. Councilman Noll asked that Mr. Malesker let Derek know that we want to put this project on the Chesapeake Bay and to fill out the paperwork, we would want to submit. One is to get on the list, for the county to get it on their reduction plan. And that is the most important reason to get it on. If we want to go for money, we have to get it on the list of projects that they would consider. Get the project listed. Mr. Malesker said what money would we be going for? Councilman Noll said with this land development plan, if its $1500.00 and the money to get it out for bid. Mr. Malesker said we are hoping to get three phone bids. A motion was made by Councilman Howett for Jake to proceed with the project and not to exceed a cost of $1600.00. A motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we received notice from York Township that they are in the process of amending their official map. They are asking for any comments from the joining municipalties. Its here for anyone to look over.

Councilman Snyder said we received notice from FEMA concerning the proposed modifications to the flood hazardous designation areas and the flood rate maps. A lot of verbage, stating the map is now in place. Specifies regulations, those regulations need to be incorporating into our ordinances. I was in contact with Mr. Fitzpatrick our state coordinator, I sent everything we have on storm water and flood plain. I told him that we sent it to him two years ago. The email response said all looks fine for Mr. Fitzpatrick. I am assuming that we don’t have to make modifications. The second time we sent them our stuff. They have instructions to look at the new maps.

Councilman Noll said Sandy has this put in, MS 4 guidelines have been sent out. They are checking on municipalities for MS 4. Two large manuals. Derek should have these. Over view of the stuff that the state wants to check.

Maintenance Report
Mr. Shearer said the sink hole at George Street, York Township’s interceptor. There are no storm water fixtures in that area. My opinion its not a borough problem. Township did camera that, they didn’t find any issues there where the hole was.

Mr. Shearer said I’m trying to find the septic lid at the park. The sewer authority said there isn’t line going up there. It was suggested a metal detector. Discussion continued.

Mr. Shearer said I found a used mower for $85.00 in decent shape. Gives me another mower for community service.

Mr. Shearer said the fire hydrant at 147 S. Main Street. When the water authority went to flush it, there was metal that came out when they flushed it. They recommended the fire hydrant be taken out of service. I did speak with Rick Searle, the fire chief and Councilman Myers on if we could eliminate that one. I talked to Rick today on the phone I want to make sure I talk to him in person. We need that hydrant to reach other areas of Mason Alley. Get a ball park for what it would take to get a replacement. Councilman Myers asked do we use the water authority people? Mr. Shearer said we had an issue with one of them up on Walnut Street, at that time it was leaking at the base. We had Mitch. We used him to do the work there. We had them get Kinsley come in to fix it. They don’t care if we get someone or they get someone to fix it. I’ll work on getting the pricing.

Mr. Shearer said I asked the fire company to see areas where they would have trouble access properties for fire safety without tearing up the trucks. I ‘ll make contact with Patti and give her the maps. I can work with her on getting the property owners and get them notified. There was a consensus of council.

Zoning Officer’s Report
Councilman Noll passed around the report for council review. The code enforcement officer is running into walls on the Pangburn property. The lawyers told the family to walk away from the property. Councilman Myers asked about an eminent domain. Councilman Snyder said it has to be for a public use. Councilman Snyder said the Ali and Boltz property are under the bank. Councilman Noll said someone is mowing the Pangburn property. Councilman Myers said the Pangburn’s property is a reverse mortgage. Councilman Snyder said once the equity is used up and they are deceased it’s the banks. However the last time, I heard, the issue was, the bank couldn’t assume control over it, until they are declared dead. The family wasn’t going to probate the will, because there wasn’t there to probate. There is nothing. Legal loophole that they can’t automatically take it over. Banks can’t handle all the foreclosures. Councilman Noll said they are working on a county ordinance for blighted properties. Discussion continued.

Emergency Management Report
There was no report.

Mayor and Police Report
The mayor is not present due to personal issues. He will catch up the following month.

Secretary’s Report
We received notice from the Red Lion Municipal Authority that anyone wanting to be part of the tour of the water treatment facility, contact information was distributed.

Councilman Snyder said that Sandy and I met with a representative from York County Solid Waste to go over the garbage contract. We gave them some ideas of what they can do to help us. Complemented Yoe on what we’ve done and our knowledge of garbage. We are very progressive on recycling. All those details are in the circulate file.

Unfinished Business
Councilman Snyder said one thing that I’d like to discuss, under an executive session at this time.

Executive Session
A motion was made by Councilman Harper to recess the meeting at this time to go into executive session. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.

Reconvening the Regular Meeting
Councilman Snyder said we will reconvene the regular meeting. Let the record reflect that we discussed personnel issues in the executive session. There is a consensus of council in regards to those personnel issues.

New Business
Councilman Myers said there is a grant or two out there for parks. I starting to ask questions. You have a park, out here, our park is getting in rough shape. The back stop and fence is in bad shape. The baseball diamond needs work. Are we eligible for this grant? The answer is yes we are. I have to do more checking. It wouldn’t hurt to meet with our coordinator. I think it would be a combination as to who would write the grant. The timeline would be sometime next year. Councilman Snyder said this would be the time to get the information together. Discussion continued. Councilman Myers said I would like to see a better play area.

Councilman Snyder asked if everything is ready for the TAP Grants. Councilman Myers said I will have to check and meet and find out. Councilman Snyder said we are in good shape to move forward.

Councilman Noll said we can send the check since everything is set to go with the Chesapeake Bay we can send our monies to York County. The storm water group is moving forward. If we get 5% phosphorus and 10% sediment, the low estimates to meet the mandates, 67 million dollars of new additional spending for stream restoration. DEP and EPA doesn’t consider stream restoration in its higher regards. If we do everything, with what we are seeing in other regions, the county could be responsible for 167 millions in the five years. They got many responses with the surveys. Its moving forward. Biggest problems with the targets given, they are computer based. There isn’t any true samplings. We are going to have inter municipal agreements. The water sheds will be pulled together. A presentation will be coming to the commissioners in September. It could be fifty to sixty bucks per property.

Payment of Bills
Additional bills to M and M Mowers at $85.00 and York County Stormwater fee to be paid.

A motion was made by Councilman Howett to pay the bills with the additions. The motion was seconded by Councilman Strausbaugh. All in favor.

A motion was made by Councilman Bankoske to adjourn the meeting at 8:48PM. The motion was seconded by Councilman Snyder. All in favor.

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