borough of yoe

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

Minutes for June 3, 2014

The regular monthly meeting of Yoe Borough Council was held on June 3, 2014 at Yoe Borough Municipal Building, 150 N. Maple Street, Yoe PA beginning at 7:01PM. The meeting was called to order by President of Council Sam Snyder followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Regan Strausbaugh
Seth Noll
Bill Bankoske
George Howett

Others in attendance:
John Sanford, Mayor
Steve Malesker, Engineer
Sandy Sterner, Secretary-Treasurer
Seth Springer, Solicitor sitting in for Charles Rausch
Dana Shearer, Maintenance
Ryan Harper, Resident
Chief Gross, York Area Regional Police

Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting? Mr. Malesker said I just wanted to mention for the minutes, that when we awarded the materials/equipment contracts that they were awarded individually not as one contract. The solicitor from Dallastown brought it up just so the auditor didn’t say, that if they are all combined and over $100,000.00 then prevailing wages would apply. He wanted to make sure, that it was noted for the record that they were individuals, so I wanted to mention that for the minutes. We actually have individual contracts for each thing, so really award them as one but I wanted to mention that since he brought it up. A motion was made to accept the minutes with the notated addition by Councilman Howett. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said motion carried.

Open Council Seat
Councilman Snyder said since we have an open council seat, it would nice to fill it as soon as possible. The new requirement of the avadavat of residency, could we appoint with the contingency of, would they be able to vote or just not vote? Solicitor Springer said the person could sit but just not vote until the contingencies are met. Councilman Snyder said we did have one letter of interest from Ryan Harper. Mr. Harper is here if anyone would like to ask him any questions. Question for the secretary, have we received any other letters of interest. The secretary said no. Councilman Noll asked was this duly advertised. Councilman Snyder said the information was given to the newspaper but I never check the newspaper to see if it was in. One thing I will make note, Mr. Harper has been very diligent within the last few months, in actually going to help the police, going to their trials at the local district justice, on his own behalf without enumeration, because he feels strongly what he brought to council’s attention. I do find that commendable, someone takes it upon themselves to be involved with that issue. For the record, I will have to ask you, are you over the age of eighteen? Mr. Harper responded yes. Councilman Snyder asked are you a U. S. Citizen? Mr. Harper responded yes. Councilman Snyder asked are you registered to vote? Mr. Harper responded yes. Councilman Snyder asked are you a member of the Republican party since the seat you would be filling was held by a Republican? Mr. Harper responded yes. Councilman Snyder said I have no other questions. Part of the requirements, is filling out a avadavat of residency to state to declare under perjury that you have been a resident of Yoe Borough for over one year and you are eligible to sit. You have to take the oath of office. The mayor is prepared to swear you in tonight. I didn’t think to bring my notary equipment tonight and we don’t have a notary on staff. We could appoint you, contigent that you meet all the other requirements and then wouldn’t be able to vote tonight, but sit and listen to the conversation. You have ten or fourteen days to complete those requirements. A motion was made by Councilman Noll to appoint Mr. Harper to the vacant council seat dependent on the requirements are fulfilled. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried. Solicitor Springer asked Mr. Harper, you have lived in Yoe Borough, for over a year. Mr. Harper said I’ve lived here for nine years.

Swearing in of Ryan Harper
Mayor Sanford delivered the oath of office. I, Ryan Harper, do solemnly swear that I will support, obey and defend the Constitution of the United States, and the constitution of this Commonwealth and I discharge the duties of my office as councilman with fidelity.

Councilman Snyder said let the record reflect that Mr. Harper will not be partaking in the votes tonight. Will be able to take part of any discussions we have.

Councilman Noll asked if we received back everything needed from the previous council person. The secretary said yes we did, the pay check will be distributed in the next few days.

Chief Gross passed out handouts for the council, mayor and secretary. Chief Gross said basically what I handed out here you can look at this report at your leisure, its our annual police department report and pretty much sums up the activity for the police department for the year 2013. And the activities of all the municipalities are included. The other handout, most of that information is in the yearly report, it is the a little bit of a breakdown of what the actual activities were in Yoe. Now the top information is not in the other report, but it’s the actual breakdown of crimes. The bottom chart, 2013 there were 16 part I crimes(that’s homicide, rape, robbery, assault, other assaults, burglary, thefts and car thefts) So you had 16 of the more serious part I crimes, then the part II there were 27, and that’s the rest of the crimes( fraud, criminal miscellaneous, sex offense, drugs, DUI, Drunkedness and disorderly). You have 43 crimes reported for 2013. If you look over the last ten years, its pretty favorable compared to the rest of the ten year period. Its probably the lowest, which is a good thing. Miscellaneous there were 188, that would be like a missing animal, missing person, we didn’t take a criminal report for. Disorderly with no arrest, disturbance, that sort of thing. There were 11 accidents investigated. The total calls, and this is actual calls to 911. There were 379 total calls. There was 192 traffic citations. You can see that is fairly lower than what our experience has been. A lot of that again, overall we have been spread a little bit thinner than we have been in the past over 2013, we hope to get that back on track. There are 30 of us. There were four assaults more serious, and three assaults which would be like harassment or someone being shoved. Three burglary investigations, five thefts, one car theft. The other number I want to point out, you had six drug arrests in 2013. That is the highest that you had, I kept telling all the other municipalities and I include the borough, we are seeing a skyrocketing use of heroin. That does include the borough, this year we have investigated four deaths from heroin. Numerous heroin overdoses. It’s a skyrocketing epidemic everywhere. So we’re trying to be aware of that. So that’s, that report. If you do look at the front page on the other report, you can see the municipal cost breakdown and the borough’s cost for 2013 was $73,994.00. You can see that the borough, represents about 1% of the overall budget. If you look at two pages after that, on page 6, that shows you also represent about 3% of the total number of calls. Few number higher number of calls than you are paying into the budget. Normally we see the number of hours stay consistent for the borough, I didn’t bring that along. When we monitor that, it stays pretty well in shape. That is pretty much all if I have. I can take any questions that you many have. Again this report is also on our website, There is a lot of information on our website, we put our news releases on the website. We try to send any news releases to the borough, we try to send those by email. We also have a service called Nixel, if you sign up on the website you will get text messages of our nixel alert. If there is something we want to alert the public to, you can go on our website and sign up for the nixel alerts then you’ll get a text message. The other thing, we’ve been make people aware of, we have a drug take back box at the police station. That was new 2013, we find that we are getting 50 pounds a month, of people turning in expired and not used prescriptions. So there is a huge demand for that. People can go and safely get rid of them. Councilman Noll said a question came up about a shooting near a school, with an occupied facility like does the police department have an action plan on how businesses are notified,or if there is a swat event or anything, do you have a plan in place or such a plan at this time? Chief Gross said we put out a nixel alert, that is one plan. And we normally post something on our website as soon as possible. Councilman Noll asked explain what a nixel alert is? Chief Gross said what I was just talking about, if a person signs up, go on our website give their cell phone number, when we put out an alert, their cell phone will get a text message saying that there is such and such incident at such and such of a location. Councilman Noll said but they need to sign up? Chief Gross said yes. Councilman Noll said businesses, day cares wouldn’t know. Chief Gross said we do not have a method for that. Councilman Noll asked is it something that is being worked on, I know there is an incident, there is a questions that a lot of police department has such of a procedure. Chief Gross said as far of us going, do you mean a reverse notification. Councilman Noll said you know who all your schools are, the public buildings, I know there have been incidents, like White Jewelers with a day care right across the street, how would they? Chief Gross said we would notify them directly, we do make some direct notification, if there is a shooting. If you are referring to the most recent shooting we’ve had, we have the suspect in custody and know there is no danger, that wouldn’t be a high priority to notify. For instance in that case, we knew who the victim was, who the shooter was. We had them in custody. Mayor Sanford said the school was notified through nixel, that’s my phone. That was pretty effective in handling the situation. Chief Gross said I would strongly suggest that, it’s a great way of getting a reverse notification. Mayor Sanford said the county was working on a reverse 911 notification, there are some defects in that plan as a modified CAD system, that has fallen on the wayside, I don’t think its totally off the board yet, I know its not be actively pursued in the last year. Chief Gross said that is the method we would have to go through, it would have to come out of the county 911 center, and that is a lot of discussion on using that kind of technology. Again its really not in place yet. Our best advice is, for people that want to have notification is to use that nixel service. Councilman Snyder asked any other questions? Mayor Sanford said Chief, you and I had spoken a couple months ago, you weren’t sure what grants would become available for bike patrols, foot patrols has any of that come out? Mr. Chief Gross said we did get a small grant, I will check, I not sure if we instituted any, I believe had a few. We got about $10,000.00 what will get us some hours of foot patrol, I will check for the borough and we will have some bicycle as well. Councilman Snyder said thanks for coming tonight.

Councilman Snyder said we had a Karla Farrell, not here. Any other visitors that would like to be recognized? Residents came to observe.

Solicitor’s Report
Attorney Springer said the tax sale is coming up this Thursday. Everything is good to go, we have the money in escrow, $5,000.00 I’m authorized to bid up to. I’m registered with the Bureau of Tax Claims. We are good to go on that end. That’s all that’s to it. Councilman Noll asked does that occur at the property or at the court house? Attorney Springer said its at the old court house at the administrative building on Market Street. All the bidding is pre registered. The property owner can not bid on the property, not much we do if there is some collusion with a friend. I wouldn’t worry about this at that time. Councilman Noll said furniture and other things have been moved out of the house in the last weeks. Hopefully he has decided that something is going to be done. Its been reported to me. Attorney Springer said I’ll have more to report this Friday. I will send an email to let us know. Councilman Noll asked if we are not the high bidder, how quickly will be know who the new property owner is. Attorney Springer said we should know quickly after they record, the recording should be done within a week, probably within a week. We are going to play it by ear. Councilman Noll said a couple people have stopped by to look at it. Councilman Snyder said it should be still posted. Councilman Strausbaugh said since its an open bid, do you know anyone who is bidding? Attorney Springer said I’m sure other people are registered I won’t know interest until I get there.

Attorney Springer said the MA & PA Rail Trail, we’ve been working with Karla from Buchart Horn, to knock out what properties we’ll need easements on and we learned that a couple properties that a road that was never opened on these plans, show this unopen road going back to a park behind E. Pennsylvania Avenue. We have to find out when that road was authorized, if we still have time to open that and use that thru way, we have to make a decision then if we want to condemn or make an offer to the property owners. Councilman Noll asked what is the statute on that 25 years? Attorney Springer said 21 years. Councilman Noll said you don’t have to do that research. Attorney Springer said I need to know, at some point, if we are going to try to take that property or if we are going to just forego running that sidewalk and stairs going back to the park or end the rail trail that there. Councilman Noll asked do we have to have an engineer study to decide about the grade we need to overcome, well beyond. To go up through the park. Attorney Springer said that would be an additional cost. It may be cost prohibited. Councilman Noll said cost prohibited and land prohibited, the way you have to come up, straight up approach won’t work. Mr. Shearer said her intention originally was that, we weren’t going to worry about ADA, that is why incorporated that part along Pennsylvania Avenue so it was just be access to the park. Mr. Malesker said the narrative for the CDBG, there will handicap parking, the only way to go is along Main Street, curb and sidewalk is bad along that side, but its not realistic at this point but part of the narrative is, is to make it all accessible. That is what she is thinking, if you were proposing stairs, I met with her and Barry to try to get narrative, struggling with it but trying to be creative. One thing Joiann said was, YCPC, how are you going to show, if your intent is to have people drive to the trail, how are going to show its going to benefit low and moderate income people. And its tough. That is why in addition to driving to the trail head, there will be immediate benefit to the people living along Pennsylvania Avenue by widening to allow the fire trucks and also some handicapped parking, eventually they will be able to go around Main Street and then develop Philadelphia Street, Third, Fourth and there will be sidewalk there. That’s how we made it creative, made it benefit low to moderate income people in addition to, its going to connect Yoe Borough to Red Lion. Red Lion is also fully low mod income as well. York Township isn’t. My question was can you use CDBG funds, to fund something that isn’t ADA accessible? I think you can, the intent was to use DCNR funds for that portion. For just the stairs. Discussion continued. Mr. Malesker said we are showing in the CDBG application the trail still running to the park, the residents can still use that route, benefit to them. Having trail benefit is exercise, increase in health. We are trying to show that benefit. Councilman Snyder said this is all work in progress, the CDBG is a three year cycle, we are going to have to apply for other grants. Basically we will keep in mind, if we get the CDBG and the trail head is at the park, other funds are going to be looked at and secured, use those funds will be used for other items. Discussion continued.

Attorney Springer announced he will be leaving the firm on June 13, 2014. I am contemplating starting my own firm.

Attorney Springer said the memorandum of understanding with Habitat of Humanity has been knocked out in final form. You have all received a copy. Vote on it, upon execution you can authorize Sam to execute on behalf of the borough for 230 S. Main Street, contingent on getting the property. A motion was made Councilman Noll that Councilman Snyder is allowed to execute on behalf of the borough, the Memorandum of Understanding with York Habitat of Humanity contingent upon the borough acquiring 230 S. Main Street. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried. Mr. Malesker said are we still going to file CDBG for that property. Councilman Snyder said yes. The secretary asked if the updated version of the MOU was sent after May 16th, that is the last one that I have in our email. Attorney Springer said he will make sure that the borough can get it to the borough.

Councilman Snyder said we did have two amendatory contracts for the County of York for the CDBG zoning ordinance update, there have been no changes in any of the scope of work, it just extends the time of execution to December 31, 2014. A motion was made by Councilman Howett to sign the contract. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said just a brief overview, we did hold our zoning committee meeting on May 8, 2014, the solicitor was in attendance. The committee came to an unanimous decisions, in regards to changes that are going to propose. I did receive notice from YCPC on May 27, 2014, that they did receive those changes. The zoning ordinance is now to be considered at the regular rescheduled meeting to be held on Monday June 23, 2014. After that time, we can see what they come back as far of changes or recommendations. Councilman Noll asked if everyone got a copy of the changes? Councilman Snyder said nothing changed on the map. Wait and see what the county comes back with. Councilman Noll said if they make changes, we have to look at that again. Councilman Snyder said we will be able to tell at the next council meeting what changes are and the council can determine accept or reject, send it back to our committee. If we accept it, we can move to advertise for the public meeting. Mr. Malesker asked if the people understand the town center better? Councilman Snyder said we addressed the questions they had the best we could. The committee made recommendations, we heard their concerns. There was one issue I had to abstain for. The two other committee members still went with the decision. We tried to explain. We took some of their concerns, auto service/auto repair is going to be a use by right, in the town center zone by special exception. Some other minor changes. No changes to the map, they wanted. Councilman Noll said the citizens came because they were not satisfied how their property was zoned? They didn’t care about language, how it was going to affect their individual properties.

Engineer’s Report
Mr. Malesker said the resolution to allow us to apply for CDBG grants for 230 S. Main Street and for the MA and PA Rail Trail. A motion was made to approve the resolution , Resolution 2014-04, to apply for the two CDBG applications by Councilman Noll. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said so be it resolved. Mr. Maleskers said the application for the MA and PA Rail Trail, 2015 is $70,000.00, 2016 is $100,000.00 and 2017 is $100,000.00. For a total of $270,000.00. For 230 S. Main Street, it’s the same application as was completed the last time.

Mr. Malesker said I don’t have all the bids for the Material and Equipment Bids. A motion to approve the execution of the contracts contingent on the insurance and performance bonds being accurate and have Councilman Snyder sign them when we get them by Councilman Howett. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried. Mr. Malesker said the first contract is Highway Materials, (9. 5 and 25 millimeter bituminous materials). A motion was made by Councilman Noll to execute the contract with Highway Materials. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Mr. Malesker said Fitz and Smith contract for the equipment. A motion to execute the contract with Fitz and Smith was made by Councilman Strausbaugh. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.

Mr. Malesker said you should have received invitations for York Revolution. We have the skybox on July 8th with Dallastown and Dallastown Yoe Water Authority. With that invitation Robin provided a link to register. Also we have the company picnic in the picnic area that is June 30th. That was sent out too.

Councilman Noll made council aware, DEP is in the process, they have their first MS 4 inspector, expected to begin on the third quarter of this year, with others in training. They will be deploying into the municipalities. The target is the municipalities ringing around York City. We have been told, they will find something wrong with your municipality so they can fine you,so they can pay for their hours. Be diligent with anything pertaining to MS 4.

Mr. Malekser asked did Fitz and Smith get that rip rap down near that outfall structure. Mr. Shearer said I can’t get a price on that. I talked to them last week. Mike was suppose to get me a cost estimate. They didn’t do my overlay yet, the contract expires next week.

A motion was made by Councilman Noll to do the rip rap work, have Fitz and Smith do the work based on the hourly rate of their contract. The motion was seconded by Councilman Howett. All in favor.Councilman Snyder said motion carried.

Mr. Malesker said York Township did contact me on a survey on Orchard and do an exhibit. If Orchard is in the township then they can get their liquid fuels money. They want an exhibit for Yoe Drive and a monument placed on Yoe Drive at the boundary. We can only place one monument on Orchard. Councilman Noll said I have mentioned to York Township, that we would like to extend the olive branch, with everything that happened with the last one. We can be involved with the process. Elizabeth thought that was a great idea. Since it does affect the boundary, the borough agree to some contribution, $1000.00 of the $3500.00 of the entire process. I would like to find if the borough work with York Township on the boundary issue. A motion was made by Councilman Noll to engage in that, bring Dana in if necessary to keep him up to date, we offer $1000.00 toward what is involved with that survey. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried. Mr. Shearer said the intersection Fourth, leaning towards Denton Drive. The same issues are there that were at Yoe Drive. We will want to do this for the Rexroth and Attig properties. Discussion continued.

Councilman Noll asked if we heard anything from Councilman Myers on his work on the agreement for the basins. Councilman Snyder said we didn’t receive any update.

Maintenance Report
Mr. Shearer reported street sweeping should start next week.

Mr. Shearer said E. Philadelphia street curb work. They have marked it via One Call and they have saw cut the line. Excavation should start by the end of the week.

Mr. Shearer said correction on his grate tops on his report should read May 16, 2014.

Mr. Shearer asked about 230 S. Main Street, asking if they want me to go after the sale and weed whack before we put that on contract forward. Councilman Noll said we have to wait until the deed is recorded. We can ask the attorney. I am not sure if we want to enter the property. Mr. Shearer said I know they haven’t done any mowing, going to pay for one way or other. I have received no assistance from the ADR program this year. Councilman Noll said when the time comes, if you have the time, clean up after we have ownership of 230.

Mr. Shearer said there is still centennial items, i.e. mugs, tshirts, trays in the shed. The mugs can be used at the fire company upcoming event.

Councilman Snyder said the locks were changed on the front and rear entrance. Please try out your keys.

Zoning and Code Officer Reports
Councilman Noll said from Code Administrators, we had three zoning permits. One for fence, one is for putting a shed on property, one is final occupancy permit for 142 S. Wilson Court. And we do not have anything from Patti this month. I know she has been out citing. Councilman Snyder said is she getting quotes from mowing people. Councilman Noll said I have to call.

The secretary said on the use and occupancy permit, Mr. Shaw handled all that. Councilman Noll said I think the final occupancy should be issued by the BCO. The secretary said Dan checked for delinquent taxes and for outstanding monies for the borough. If you want to discuss that. Councilman Noll said the BCO should handle the issuance. I will call Norm.

EMA Report
Mayor Sanford reported there is a Emergency Service meeting at the 911 center on June 21, 2014 from 9AM TO 2PM.

Mayor and Police Report
Mayor Sanford did an interview with a local girl scout troop. I’ll pass around their thank you note.

Mayor Sanford said I have some correspondence from Springfield Township requesting Yoe Fire Co. fire police assistance with Jacobus fire works.

Mayor Sanford reported correspondence from Williams pipeline. I’ll put in file. Along with some information from York County Economic Alliance and the York County Community Foundation Annual report for 2013 in the file.

Secretary’s Report
The secretary reported notification from York County Parks and Recreation about Christmas Magic. I am asking for continued participation from council. Councilman Snyder said there is a consensus of council that we would like to continue participation.

The secretary sent the first call worker’s compensation letters and notices to York and Windsor Township yesterday.

The secretary said the office will open at 1PM on June 4, 2014.

Councilman Snyder said we did receive notice that the carrier for worker’s comp has a Drug Free Pennsylvania program. That is available to policy holders that have a total premium of $20,000.00 and over. It’s a credit obtained, for the number of program components adopted by the municipality, over the first ten months of the policy period. Then its 2, 3, 4 and 5 percent. To get the 2%, you need a policy development written substance abuse policy. Mull that over. If council feels that is something that be interested. I am not sure if something in place at the fire department with drug abuse. If its already in place, we adopt it here at the municipality. We have ten months to decide that.

Councilman Snyder said Councilman Myers got an alarm proposal back to us for our consideration. And it’s a two year guarantee. The cost installation $1310.00. Phone line monitoring is $160.00, cellular monitoring is $320.00. Comments, questions? Councilman Myers would recommend using the cellular hook up. A motion was made by Councilman Noll to go with the proposal with Blasser Security Systems LLC for$1310.00 with annual monitoring at $320.00. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we received outstanding sewer bill list from Yoe Borough Sewer Authority for the recent quarter ending 4/30/14.

Unfinished Business
There was no unfinished business.

New Business
Councilman Bankoske had a question about motorized dirt bikes driven on private properties in the borough. Are they allowed to drive with permission? Even being 500 feet from another person’s property. Councilman Snyder said you are allowed to do it, if its not their personal private property, they need to have written permission from the property owner to do it. They are still regulated by our noise ordinance. Councilman Noll said if you see they are ripping the yard, alert the conservation district. Councilman Snyder said the best bet is to look up under our noise ordinance and see if they are violating under that. Basically any neighbor can call, if they show up and testify, if noise goes over a property line it’s a nuisance.

Councilman Harper said I got letter in the mail from Postmaster General, they are making us put all our mailboxes at the sidewalk. I talked to our postal carrier. They are questioning that they are coming out to inspect. They don’t want them going up any steps, all they want to do is walk down the sidewalk and put the mail in the box. Their intent is getting their routes done in one half the time, then they can double their route. Some places are limited where they can put the mailbox. Discussion continued.

Councilman Snyder asked is there a consensus of council, I can make some contacts to the local postmaster and ask who I need to complain as a municipal official. A motion was Councilman Noll that council is opposed to this idea for safety reasons, and how its going to affect the citizens and overall character of the town. It probably violates our new zoning ordinance. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.

Councilman Noll asked if we should got into executive session to discuss our attorney issue. Councilman Snyder said yes we can go into executive session to discuss that recent issue.

Executive Session at 8:26 PM
A motion was made by Councilman Strausbaugh to go into executive session for personnel matter at 8:26PM. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried.

Reconvening of the Regular Meeting at 8:40PM
Councilman Snyder said we are reconvening our regular meeting. Let the record reflect that no decisions or actions needs to be taken after the executive session.

Payment of Bills
Councilman Snyder asked if everyone had the opportunity to look over the bill list. There is an additional bill: York Area Regional Police: $19247.00. A motion was made by Councilman Howett to pay the bills as listed along with the addition. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Councilman Snyder again noted, for the record, the record should clearly state that Mr. Harper did abstain and did not partake on any of the votes throughout the course of the evening.

A motion was made by Councilman Bankoske to adjourn the meeting at 8:41PM. The motion was seconded by Councilman Snyder. All in favor.

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