The regular monthly meeting of Yoe Borough Council was held on June 7, 2016 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA 17313. The meeting was called to order by Council President Sam Snyder at 7:04PM followed by the Pledge of Allegiance.
Council members in attendance:
Others in attendance:
Dana Shearer, Maintenance
Seth Springer, Solicitor
Steve Malesker, Engineer
Diana Dvorak, Assistant Secretary-Treasurer
John Sanford, Mayor
Terry Ruby, York County Planning
Joseph Pellegrino, Resident
Patti McGonagle, Resident
Paul Collins, Contractor
Jim Tyson, Resident
Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting. Councilman Snyder had one correction; just for clarification purposes, on page 2, down at the bottom, where it talks about executive session, after the first sentence where it says motion made to go into executive session, and then talk begins regarding the ordinance regarding swimming pools, it should be reflected that the motion was made after reconvening the regular meeting. That way it does not look like that motion had taken place during the executive session. Councilman Harper made the motion to accept the minutes, Councilman Strausbaugh seconded the motion. Councilman Bankoske abstained, the rest of council was in favor. Motion carried.
The first on the Agenda was Ms. Terry Ruby, a senior planner from York County Planning Commission. Ms. Ruby came to discuss water issues in York County. Ms. Ruby had handed out information for council to follow along with. In the handout there was a watershed map, showing four main watersheds in York County. Within those watersheds are sub-watersheds. These watersheds do not follow municipal boundary lines. What happens in one municipality affects the next municipality.
There are a number of repaired streams in York County. DEP has determined a number of streams impaired, more will most likely follow. Impaired means it does not follow their designated use, including, aquatic life, recreation, fish consumption, and potable water supply. There are actions in place, required by both the EPA and DEP to work to clean up those streams. If your streams are not impaired, that is great, but we want to keep them that way. There are five main contributors of pollution; local and regional waterways, urban and suburban runoff, agricultural uses, wastewater treatment, air pollution, forest runoff. All of those, except forest runoff, have mandates in place to clean them up, so that they don’t impair the streams further. It is important that we collaborate between the municipalities to keep from polluting the waters further.
We have water issues, how do we fix them? The Federal Government passed laws, the Clean Water Act, those laws trickled down to be State responsibility, and from there, the States passed laws, and made rules that trickled down to the counties. Because PA is a commonwealth, those regulations have been passed down to local municipalities to enforce. There are several regulatory mechanisms in place to address water quality. Issues such as MS4 permit, storm water management, total maximum daily load etc. Municipalities can address these issues, but more can be done through collaboration.
The true cost of complying with growing regulations are great, and will require collaborative efforts. Out of the Chesapeake Bay Pollutant Reduction Effort that the county commissioners were approached about conducting a study to determine whether storm water authority would be feasible in the county. In 2014 county commissioners directed the county planning commission to develop a storm water authority feasibility study. The York County Community Foundation provided funding and a consultant was hired to assist with the efforts. The study was completed in December 2015.
The purpose of the study was to see if a Storm Water Authority would be feasible in York County; and if it was, what the scope and scale look would like, how would it be funded. These answers would then be given to the commissioners. The feasibility study is outlined in the handout.
The findings of the study were, that there is interest in a collaborative approach, municipalities generally don’t know what their budget is for storm water and are underestimated, and it is feasible to establish a storm water authority.
The benefits of establishing a regional authority are: may enable participating communities to realize economies of scale for services provided, urban, suburban and rural municipalities all have a role to play. New post MS4 permits regulations are more stringent with fewer waivers granted, and likely to expand to include more municipalities. A regional authority would provide efficiency be coordinating inspections, provide training to municipal employees, increase access to technical assistance.
Potential next steps, the York County Board of Commissioners charged the York County Planning Commission to move forward with Storm Water Authority implementation. The implementation plan is intended to address a number of issues related to a formation of a regional storm water candidate including funding sources and staffing, a division of labor between a regional organization and individual municipalities, the legal authority for the formation, who would hold the required permits, and the methodology for selecting storm water projects to be funded. Input will be requested for these projects.
Councilman Noll sat on the Storm Water Authority group, which he presented to council. Any input that can be provided will be good, this will become a huge dollar issue because we are a small municipality. More sophisticated municipalities are pushing back on this, as they are already doing a good job managing these issues. These municipalities have the funding and the staff to do a good job, what they are missing out on is the regional cooperation, they are not seeing that storm water and streams don’t stop at their boundaries. Some of the things that are coming with the upcoming MS4, are going to be very costly. They are asking that we map beyond the municipality. There is a huge cost benefit by collaborating.
Storm water meetings are now advertised, and have people come to hear about storm water. The permits are going to require that sessions are held and that there are people in attendance. A regional approach may get more people to participate.
Ms. Ruby’s presentation tonight fulfills MSM6. Discussion continued.
Patti McGonagle had a few issues she wanted to discuss. 85 E Wilson had recently been foreclosed, bought and flipped, and is now for rent. During the flip a bathroom was added in the garage area. Mrs. McGonagle wanted to know if the property was going to be rented as a two household property, or just one. Councilman Noll let her know that we are unaware of how it would be rented out. But with the way the ordinances are written it can only be rented as a single household, as each apartment would need to have its own separate utilities which that property does not. Dana Shearer will be following up on this.
Another issues that Mrs. McGonalge wanted to discuss was the height of the grass at the park. The park has been rented several times, and the grass was very high, to the point she would have been upset had it been her. Mrs. McGonagle feels that it is unsightly and unacceptable, that if the grass at her home was that high the Zoning Officer would be issuing a warning. Mrs. McGonagle wanted to know if there was a reason the grass was so high. Mr. Shearer let her know there were several reasons, such as a lot of rain, he is the only one mowing, and he has broken equipment. Mr. Shearer does admit that the grass is high, but he is having a hard time keeping up with all of the mowing that needs to be done in the borough. Discussion regarding equipment and how often mowing is done continued.
Mrs. McGonalge also brought up the broken sliding board. Mr. Shearer did say he had a new sliding board, he just needs to get down there to replace it.
Discussion regarding replacing equipment, and use of community service continued.
Joseph Pellegrino came into discuss permit issues. Councilman Noll said he could address some of the issues. There were some items on the permit that needed additional information. Such as the pool and hot tub. Due to impervious surface issues measurements are needed for both items. Based on the drawing, it was not clear if any additional sidewalks or decking were being added, property lines had not been added, which is needed for setbacks. A plot plan is needed that shows boundary lines and gives definite dimension from lot lines, to where the pool is. Ordinances are online, and checking under pools will give more information.
Mr. Pelligrino’s contractor Mr. Collins wanted the council to know that the property meets and exceeds setbacks as the property is over four acres. But nothing has been committed to paper yet. As far as storm water goes the pool holds two inches of rain water, the evaporation factor also adds to that. Councilman Noll let Mr. Collins know that not all municipalities follow the same guidelines. The pool does have a deck, but it is a standard deck, and will let water through. Councilman Noll did request that total square feet for the project be sent in. Discussion continued.
Councilman Snyder brought up that the Borough does have a 500 square foot exemption. But it is not really an exemption. Stormwater control still needs to be maintained, even for one foot. The exemption part comes in, anything over 500 ft. requires the full E&S plan. Under the 500 sq. ft. can be handled under best practices and O&M, which still needs to be signed and filed with the municipality. Mr. Malesker further clarified by stating that if you put a 10×10 shed in yes, you are under the 500 sq. ft. exemption, but then you follow the small project guide that is at the end of the storm water appendix. You still have to put the trenches around because you have to control the volume of runoff. Discussion continued.
Requiring a fence around pools were brought up. The zoning ordinance requires fencing around the pool. The building code, and zoning ordinances are not the same, and the Borough is allowed to require above and beyond the building code. The purpose of the ordinance is to keep uninvited people out of the pool. Discussion regarding fence requirements continued.
Mr. Tyson came in to inquire about some things that Code Administrators had sent him. Mr. Tyson showed council a fence permit that Dallastown issues. He received a three page permit from Code Administrators. Councilman Noll and Solicitor Springer let Mr. Tyson know that we use a general permit. Mr. Tyson wanted to know if he was completing the permit correctly. Mr. Tyson also questioned the fees for the permit. Councilman Noll let him know that Code Administrators takes the time to review the application and plans etc. Councilman Snyder let Mr. Tyson know that he needs to submit the application to Code Administrators, and if something is incorrect they will let him know. Councilman Noll also stated that if Mr. Tyson has a contractor, he recommends the contractor complete the permit, as it is not always as easy as it should be to complete these permits. Discussion continued regarding another property that had just put up a new fence. Solicitor Springer mentioned that Mr. Tyson may want to check the ordinances online, specifically Section 27-403 subsection (d).
Mr. Tyson also wanted a few issues brought to the Council’s attention. Between Broad ST and Pennsylvania AVE, the East side, there is overgrown shrubbery. Also, along Pennsylvania AVE there is a van sitting in a driveway that the tags had run out on 5/2016 and it has been quite some time since the vehicle has been moved. There is also a boat that is sunken into the ground, which has been brought up to council in the past.
Solicitor Springer prepared a report for the meeting. Solicitor Springer did follow up with H.A. Thompson who is the insurer for the Borough. We do currently have EPL (Employee Practices Liability) coverage under the E&O policy. At the May meeting he received a registration for a Borough Association meeting coming up in August. Solicitor Springer will be attending, and wanted to know if Council had anything in particular they wanted him to attend.
Click here to download the 06-16 Solicitor’s Report.
Councilman Noll made a motion to go into executive session to discuss zoning and code issues. Councilman Myers seconded the motion, all in favor.
After reconvening the regular meeting a motion was made by Councilman Harper, for the Engineer to proceed in getting a checklist together for the secretary in how to instruct residents in the building permit process. Councilman Noll seconded the motion, all in favor, motion carried.
Mr. Malesker has not heard back from York Township regarding the Borough map. Mr. Malesker wanted to discuss Broad ST repairs. Councilman Myers, Councilman Noll, Councilman Harper, Councilman Bankoske, and Mr. Shearer all walked with Mr. Malesker at different times to discuss needed repairs. Mr. Malesker referenced the Engineers report which outlined the cost and amount of the materials and total estimated cost of the repairs, from Main ST to Maple ST. The estimated cost being $23,800.00. From Maple to Poplar the estimated cost of repairs is $44,700.00. If the Borough chooses to do base repairs between Main and Poplar this year, the estimated cost for repairs would be low enough for three quotes, but won’t have to be sent out for bids.
However, once you get past Poplar, things really start deteriorating. Mr. Malesker has a couple of options laid out in his report. Once you get to the point greater than 50% base repair, you consider starting over. The estimate for repairs are starting at W. Poplar to W. Walnut are broken down on the report. Estimated amounts range from $94,200.00 for some base repairs, some paving fabric etc. for Option 1. Option 2 is, in Mr. Malesker’s opinion, a better option. There would be some milling, going down 12” with excavation, put some Geogrid in, some 2A stone, and full course Binder and Wearing, with an estimated amount of $149,300.00. Option 3 is Cold-In-Place recycling, essentially you take what is there and grind it up, add some emulsion that becomes the base course. You put a scratch and wear course over top of that. The estimated cost for Option 3 is $72,200.00, which essentially gives you a new roadway. The cheapest thing to do from Broad up Orchard, to Walnut, would be the Cold-In-Place recycling, which holds up very well. Mr. Malesker compares Cold-In-Place to option 2. Discussion continued. Councilman Snyder requested figures for the actual dollar amount we have in our liquid fuels account to be presented at next month’s meeting.
Councilman Noll asked when the Water Company is looking to do their project. Mr. Malesker said that the project had to be re-bid as Kinsley was the only company that submitted a bid. They have received two more bids, and hope to award the project by June 8th, with the project hopefully starting mid-July. Discussion continued.
Councilman Snyder asked if Mr. Malesker had heard anything back from Jake. Mr. Malesker has not heard anything back, he has also checked the DEP website, and nothing is there. The grant has been extended. Discussion continued. Mr. Malesker cannot get quotes until he sees what Mr. Romig has submitted. Mr. Malesker still has not received any plans.
Mr. Shearer was asked to get estimates for new equipment.
Click here to download the 06-16 Engineer’s Report.
Newton Alley is now closed. Mr. Shearer also noted that the “Road Closed” sign had been stolen. Two residents had called in to report the drain rattling. Mr. Shearer is going to attempt to repair this in house.
Mr. Shearer also discussed the debris spillage that occurred late last month on Main ST. The borough incurred some expense on this, until the police were able to track down the driver. The driver did not have his tailgate latched. Dallastown came down to assist in the cleanup, a street sweeper also came out. Dallastown submitted a bill to the borough. Mr. Shearer provided this information to Officer Varner to include in the citation.
There have been a few kids fishing in the pond. Mr. Shearer is going to update, and add some signs to make it clear there should be no fishing there. The cops were called, and the kids warned. Mr. Shearer hasn’t seen the kids in that exact area again, but he has seen them around town with their fishing rods.
Zoning Officer’s Report
There were a few things around town that will be brought to Patti’s attention. There is one zoning permit being worked. 53 Church ST is still being worked on by the owner. Discussion continued.
The next training is on Saturday June, 18th.
Problems on Pennsylvania with suspicious person in vehicles which will be checked into. Mayor Sanford will be speaking with the Police regarding our hours. Councilman Myers asked if we had any hours available to sit on Poplar ST. There is also an issue with large trucks on Main ST and Broad ST. Mr. Shearer said the Police had asked if the Borough would consider advanced warning signs. The drivers are claiming that they did not see any signs until they turned, at that point they are committed to continuing down that road. Penndot approval would be needed to place these signs. Councilman Noll asked Mr. Shearer to inquire about getting approval for the signs. Discussion continued.
Christmas Magic coupons are now in, and have been put on the website. Councilman Snyder brought up outstanding invoices from the Sewer Authority. Councilman Snyder has also been trying to come in during the week to check in with both Sandy and Diana. Most of the issues that arise are due to permitting issues.
There was no unfinished business.
There was no new business.
Payment of Bills
The bills list is a little higher than normal, but this is because of the payment to the fire company, as well as the Police Department. Councilman Myers made a motion to pay the bills. Councilman Bankoske seconded the motion, all in favor.
A motion was made by Councilman Bankose to adjourn at 10:05, seconded by Councilman Noll, all in favor.