borough of yoe

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

Minutes for March 1, 2016

The regular monthly meeting of Yoe Borough Council was held on March 1, 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 7:02PM followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
Barry Myers
Bill Bankoske
George Howett
Regan Strausbaugh
Ryan Harper

Others in attendance:
Dana Shearer, Maintenance
Seth Springer, Solicitor
Steve Malesker, Engineer
Beth Sikavis/Peter Costas, Residents
Dennis Attig, Resident

Councilman Snyder asked if everyone had a chance to look over the minutes. A motion was made by Councilman Myers to approve the meeting minutes of February 2, 2016. The motion was seconded by Councilman Strausbaugh. All in favor.

Beth Sikavis said she has been emailing Councilman Snyder about the block party at 308 S. Elm Street. Peter Costas was also represented. Ms. Sikavis said would we be able to have the block party for our wedding. Councilman Snyder said as for an update, I received an email from this lady requesting basically if it would be allowed to have a party in their back yard for a wedding reception. At that point, the closes thing I could find in our ordinance, would be a block party, and reminded her we have a noise ordinance. That pretty much says you can’t have noise going across your property, with having a party, especially if there is amount of people. With the amount of people, it would be behoove us to consider a block party, which at that point, our ordinance allows them to come to borough council. They can describe to council what the constrictions are on. If our solicitor agrees. Solicitor Springer asked what time were you planning on having the reception. Ms. Sikavis said the ceremony is at 4 and reception at 6PM. Solicitor Springer said it speaks in the negative, it should not occur between 10PM and 8AM. In the ordinance you gives us a least one month prior notification and not have it outside of that timeframe, the council can allow for it. Dependent on restrictions the council can put on. No open containers of alcohol. We have to make it an ordinance for all possible occurences. Councilman Noll asked what area of town, S. Elm Street. Councilman Snyder asked do you know how many people. Ms. Sikavis said right now its 56 people at 308 S. Elm Street. Councilman Snyder asked how many cars, carpooling? Ms. Sikavis said they will carpool, four to five per car. Councilman Myers asked do they need insurance? Councilman Noll said the homeowners insurance will cover. Solicitor Springer said electric will come from your home. All other ordinances are ineffect. Councilman Snyder asked the date. Ms. Sikavis said May 7th. We are from Silver Spring, MD. Mr. Shearer said there is off street parking and down below Third Street. Councilman Snyder said to tell their immediate neighbors. We can make sure we let the police know. Solicitor Springer said with alcohol, if they are out on the street and the police come by. You would note one month requirements have been met. Councilman Noll made a motion that council would allow a block party to occur at 308 S. Elm Street, within the borough on May 7, 2016. Provided that the police are notified of the event, and the block party be part of the ordinance about noise and any particulars. Councilman Snyder said I will notify the police. Councilman Noll said and as amended by our solicitor, there is a 56 person maximum occupancy for the event. The motion was seconded by Councilman Howett. All in favor.

Mr. Attig asked about the survey, did you find anything about it. Mr. Malesker said its actually very close to where its going to be. We found. I can show you it up here. Mr. Attig asked did they actually survey it already. Mr. Malesker said survey is done. They did find this borough, that is what your surveyor put in, rebar there. Its complicated where its going to be, because this line was the one that didn’t close on the deed. There are numbers transposed, its mainly right where it is. We were wondering what you wanted here, If you wanted a post, I don’t know if you want a monument in the trees. Mr. Attig said selling this, the guy wants monuments. Mr. Malesker said we could put a monument there. Councilman Noll said going through all this it would be worth to put monuments there. Mr. Malesker said you’ll going to have all the GPS coordinates, you won’t need the monuments. Mr. Attig said when they surveryed they have rebar. One up here, at the field. Mr. Malesker said this was all annexed, this line doesn’t go straight across. We knew to tie it in. This side follows your property line. Mr. Malesker said there is a concrete monument here. Its going to be in this guy’s driveway. That could be a rail road spike. Rail road spike could be a monument. We could put offsets. That is what we do right here.That could be a rebar already down to the level surface. Mr. Attig said our line goes down right here. He wants monuments in. The guy that originally surveyed, Davidson was going to notify. Mr. Malesker said we will share this information once its approved by the borough and township. I was advised to rewrite deed description to go with survey. Solicitor Springer said are they starting to write deeds to issue mapping? Mr. Malesker said its on state coordinates. Mr. Shearer said I see three stakes with pink ribbon, one the hillside besides the tennis courts, one right here which corresponds to the conversation about the spike with the ribbon on it, that is about the same spot. The other one, this being the parking area, is over here. Mr. Attig said they did a guide point. Mr. Shearer said I saw one at Boundary. Councilman Noll said the two at the park, were at Davidson? Is there activity up there? Mr. Shearer said the one at Boundary I wanted to make sure it wasn’t the line. Councilman Snyder said its important to get monuments. Discussion continued. Council discussed placement of monuments. Councilman Snyder said it’s a consensus of council to put in monuments and markers and legal description. Solicitor Springer said the accurate boundaries of the borough have to be listed. Councilman Noll said can you get us an estimate? Mr. Malesker said we can do it through our office. Solicitor Springer said I would outsource to the paralegal and then do my part. Mr. Malesker said York Township has to approve it. A motion to accept the new boundaries as laid out by C. S. Davidsonby Councilman Noll. The motion was accepted by Councilman Harper. All in favor.

Solicitor’s Report
Solicitor Springer said I was to look into the issues from the February meeting. As far as the property at 168 S. Main Street, it was purchased back by City Mortgage. Its still going through the process, they may engage in a short sale. The occupants had put on a new roof. IF that is the case, they may be in negoitations with the bank.

Solicitor Springer said the situation in Windsor Township. They didn’t get this FEMA letter. Their FEMA letter said they weren’t in compliance. There were steps to mitigate. They are working on that. We have the compliance letter.

Solicitor Springer said there were issues raised with the animal control officer. I could not find requirements. There are laws with dangerous wild animals. You would call the police in those situations, they will go to the owner. There is a requirement under borough code, that the borough enforces their ordinance. If you are in a wait and see period, solicitations for an officer, you can’t enforce the ordinance right now. If this is something that you don’t want to have an animal control ordinance. We would have to look at appealing it. We are in wait and see because of personnel issues. I didn’t see any strict requirements to have an animal control officer, but you may want to require one. Discussion continued. Solicitor Springer said without an animal control officer you can not enforce the animal control ordinances. Councilman Snyder said we have one proposal from Mary Harris, we can look at that contract. Solicitor Springer asked what is everyone else doing? Councilman Noll asked if we want to wait another month so I can check with the municipal administrators. Councilman Snyder said the SPCA will come and pick up the dog only.

Solicitor Springer said I was unable to find any other publishing company like Keystate Publishing. There are a lot of internal things that need to be done. We need to talk about to talk about an assistant secretary, to assist the secretary.

Executive Session
A motion was made by Councilman Harper to go into executive session. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

Reconvene of the Regular Council Meeting
Councilman Snyder said I’ll reconvene the regular meeting. Based on the discussion at the council meeting, we need a motion to establish an assistant secretary/treasurer. A motion was made by Councilman Myers. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said Councilman Myers will make contacts of persons that would be viable. If none pan out. I will be contacting Seth Noll to reach out to a temp agency. That is a consensus of council.

A resolution will be needed for the position of assistant secretary-treasurer.

Councilman Snyder said we have a resolution for the fire department for their fund raiser on June 18, 2016. A motion to resolve 2016-03 was made by Counciman Howett. The motion was seconded by Councilman Harper. In favor: Councilman Snyder, Councilman Strausbaugh, Councilman Bankoske. Abstaining: Councilman Noll and Councilman Myers

Solicitor Springer said I will be recordation of the deed. And Mr. Malesker will be doing that. Mr. Malesker said once York Township agrees.

Solicitor Springer said I’ll get the resolution for the assistant secretary.

Engineer’s Report
Mr. Malesker said I went over everything about the survey.

Mr. Malesker said the MS 4 report will be worked on near the end of May. Derek and I meet around this time with Seth and Sam, is that how you want to continue to do that. Councilman Noll said I’ll get some dates for at the end of the day.Has Sandy been doing the MS 4 book? Mr. Malesker said there is a lot in the book. Councilman Myers said APWA, is having a conference at State College for credits. Its only going to be a two hour class. I am going to try to go. Mr. Malesker said if you’ve gone to anything make sure you get your stuff to me.

Councilman Snyder said we did receive notice from PENN DOT for liquid fuels for this year, that amount will be $26,564.33.

Maintenance Report
Mr. Shearer said we did get 132 tons for salt. WE got the 2016-17 contract for Co Stars in for 147 tons for next year.

Mr. Shearer said the quote from All Seasons for street sweeping for 2016 is $90.00/hours. Last year it cost us $1710.00 for 2015. I seek your approval. A motion was made by Councilman Myers to accept the proposal. The motion was seconded by Councilman Noll. All in favor. Mr. Shearer said I will get that scheduled sometime beginning of April.

Mr. Shearer said the quote for mowing is the same rate as last year. $295.00 bi-monthly, or $60.00 a hour a monthly rate , last year we did 13 mowings at $295.00. We went from May up through the second week of November. All told, this coming year, I would say you may be looking at $4500.00 in costs at that rate.A motion was made by Councilman Howett to accept the grass mowing proposal from All Seasons for 2016. The motion was seconded by Councilman Strausbaugh. All in favor.

Mr. Shearer said the fire hydrant should be worked on in beginning of March.

Mr. Shearer reported that the leaf loader does not have a license or tags.

Mr. Shearer said we have until April 6 for all the rental income to be sent in.

Zoning Officer’s Report
Councilman Noll spoke with Norm Strenger and he is doing inspections at 53 N. Church Street. Patti has her report here. She talks about snow and sidewalks. I’ll pass this around.

EMA Report
No report

Mayor and Police Report
Mayor Sanford left a report that he will try to make the meeting from another meeting. His report speaks for itself including the January police report.

Secretary’s Report
A letter was received from DEP they approved our Act 101 recycling grant for $915.00.

We received the sewer outstanding invoices for 1/31/16. Deliquencies and who is going for shut offs etc.

There was a card here to sign for Jake, his mother passing away. If everyone has an opportunity to sign that.

Unfinished Business
Councilman Snyder said we are suppose to have a letter from DEP. Councilman Myers said we didn’t know if we have the grant or not. She went through the stack there. Nothing came in. IF you want to get back with him.
The animal control thing we discussed.

New Business
Councilman Myers said under the water authority, I don’t think its our responsibility because they are an authority. Its interesting, a house at 275 S. Main Street that was liened for $500.00 it doesn’t say the water is off. 39 E. Pennsylvania owes $1100.00., it also says the water is not off. The Richardson property we lost that revenue. I’m going to call Connie to see if the water is shut off, why isn’t it shut off. Councilman Harper said 179 S. Main Street says water is off. Councilman Myers said the other ones don’t say that. I’m going to call Connie and ask. Hopefully the sewer authority didn’t put water is off on the paper. I should probably just call Jan.

Payment of Bills
Councilman Snyder said I’m not sure if you look at the check detail, I paid myself. This month they have been paid, some left to go out tomorrow. A motion was made by Councilman Noll to pay the bills. The motion was seconded by Councilman Harper. All in favor.

A motion was made by Councilman Banksoke to adjourn the meeting at 9:15PM. The motion was seconded by Councilman Snyder. All in favor.

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