The regular monthly meeting of Yoe Borough Council was held on May 3, 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:
Others in attendance:
Dennis Attig, Resident
Dana Shearer, Maintenance
Seth Springer, Solicitor
Steve Malesker, Engineer
Diana Dvorak, Assistant Secretary-Treasurer
John Sanford, Mayor
Councilman Snyder asked if everyone had a chance to look over the minutes. Council President Snyder requested that a clarification be made on page 3, second paragraph, third line, regarding the monument Mr. Attig was requesting. This needs to be clarified to say that the monument that was being discussed at this time was a personal property monument, not a borough boundary line monument. A motion was made to accept the minutes, with a note on clarification. Councilman Howett made the motion, and it was seconded by Councilman Harper, all in favor.
Mr. Dennis Attig was in attendance to discuss the sale of his mother’s property. York Township sent a letter that he does not need to get the parcel in York Township subdivided. Mr. Attig’s attorney is telling Mr. Attig that he does not have any letter from Yoe Borough regarding a subdivision. Mr. Attig did state that he has already sold the York Township property. Per Mr. Attig, Stacy McNeal spoke with Sandra Sterner in February, but they never received a letter regarding a subdivision. Councilman Noll clarified that Mr. Attig was selling the piece of property within the borough. Councilman Noll also requested clarification that the tax parcel boundaries match the borough boundaries. Mr. Attig stated all of this was correct. There was a discussion regarding the boundary lines, and questions of how much property was in either Borough lines or Township lines. Councilman Snyder said that there is nothing for the board. There is no action for the board at all. Councilman Snyder feels that Mr. Attig is asking the Council for a legal opinion. Mr. Attig was instructed to speak with his lawyer if he has further questions regarding a subdivision. Councilman Noll said that if it is a parcel within the Borough, and you are selling it, you can sell it. It is just a saleable piece of property, if you wish to change that in any way, if you want to put 5 houses on it, then you need to change it. If nothing is being done to the property other than selling it, nothing needs to be done. Discussion continued. Councilman Noll said the best thing we can do is take no action at all, as we do not know what ultimately Mr. Attig is doing with the property, we can’t render any opinion, and that is what Mr. Attig’s lawyer is getting paid to do. Councilman Noll also stated that the council does not wish to render any written opinion. Discussion continued. Mr. Attig asked if he would need a permit to change the siding on his home. Per Councilman Noll, no, the code allows under chapter 405 a repair does not require a permit.
Solicitor Springer started by discussing the question that had been posed at the last meeting regarding registration of nonconforming uses. The zoning does allow that nonconforming uses be recorded by the zoning officer, and be tied to the deed. Another issue that was discussed regarding a pool going in, and a need for walls. The zoning officer shall administer the zoning ordinance in accordance with its literal terms. That does not really answer the question being posed. Solicitor Springer requested an executive session to discuss the intent of the ordinance was when it was passed, and councils knowledge of the intent.
Motion was made by Councilman Myers, and seconded by Councilman Strausbaugh to go into executive session. After reconvening the regular meeting discussion regarding the ordinance regarding the swimming pools the wording contemplates an enclosure surrounding the pool not that parts of the pool should be considered part of the enclosure. When you are talking about a swimming pool with a 54” wall it still does not meet the requirements as worded by the ordinance. A motion was made by Councilman Howett, and seconded by Councilman Strausbaugh, for Councilman Noll to contact Norm regarding the enforcement of that ordinance, as well as the deficiencies in the permit in regards to E&S setbacks etc.
As also discussed in executive session personnel issues and restrictions were brought up for motion by council to reflect the new hours for the Secretary/Treasurer by 8AM – 12PM on Mondays. The Assistant Secretary/Treasurer will be 12PM – 4PM on Thursdays, and 8AM – 12PM on Fridays with overlap on as needed basis for Monday’s 8AM – 12PM, as seen fit by either Sandy Sterner or Diana Dvorak. Along with that, the Secretary/Treasurer due to liability issues brought up by the solicitor, borough employees are not to be expected to provide transportation. No borough employees should be transporting anyone while on the clock. Council President Snyder and Councilman Harper will be meeting with the Secretary/Treasurer on Wednesday at 9AM to inform her of the motion. A motion was made by Councilman Snyder, and seconded by Councilman Howett, all in favor.
Since the last meeting Derek, and Mr. Malesker had met with Councilman Snyder regarding MS4 issues, that permit will be going in in July, so at some point Mr. Malesker will borrow the MS4 book, and have Derek take pictures. Mr. Malesker stated that the concrete monument has been put in that last quarter. The new map has been revised to show that as a monument, the map has also been sent to York Township. Gary responded that everything looked good. Any joint ordinance between municipalities is now in York Township’s court. Mr. Malesker was instructed to go forward with the new description. Councilman Noll said that Mr. Malesker should go forward with the description, and then send it to York Township saying this is our piece of the resolution. A motion was made by Councilman Noll, and seconded by Councilman Myers for C.S. Davidson to draft a legal description based off of the survey and get that to York Township to complete the required paperwork, all in favor. Mr. Malesker said it will be a little more than he thought initially, Dave Fuhrman pointed out that the previous one referenced all the properties adjacent to the lot and back when the original one was done there was only a few, now there is a lot, so it will be a lengthy description. Discussion continued.
There was discussion regarding a checklist pertaining to what is needed for permits. The current checklist is for Code Administrators, a second portion of the checklist should be for the Secretary, and what will be they will be responsible for obtaining. Discussion continued.
Mr. Malesker brought up doing a seminar on C.S. Datum, he feels that rather than having Borough employees attending a seminar for another company, a separate event should be done for Yoe Borough only. Mr. Malesker will send out dates. Discussion continued.
Councilman Myers asked Mr. Malesker if he had heard from Jake. Per Mr. Malesker, Jake sent an email stating that he was just waiting on the borough to get prices. Councilman Myers said we needed a copy of the permit. Mr. Malesker stated that at this point he had nothing to get quotes on. What Mr. Malesker would get quotes on is the plan he used for the DEP permit, because it was Jake’s concept. Mr. Malesker requested the plan from Jake, but has not received a reply, even though this has been requested several times, Jake keeps repeating that he was waiting on quotes. The Borough has not received anything. A packet of information should be coming in the mail from DEP. Mr. Malesker is going to check the DEP website to see if a permit has been issued. Discussion continued.
Mr. Shearer referenced an attached sheet regarding playground mulch. He feels he would need 60 cubic yards. He’d like to do this after the Sportsman’s raffle. A motion was made by Councilman Howett, and seconded by Councilman Harper, for Mr. Shearer to purchase the necessary amount of mulch, all in favor.
A bill was received from Fitz & Smith for the repair of a fire hydrant. It had also been requested that they repair the sidewalk. The initial estimate was $3800, the bill for the hydrant repair was $2600. Mr. Shearer feels that he can do the sidewalk repair for far less than the Fitz & Smith estimate. The Assistant Secretary is to write a letter to Fitz & Smith, to be enclosed with the payment for the hydrant repair, letting Fitz & Smith know that the enclosed check is a final payment, and sidewalk repair is no longer required. Mr. Shearer will give the Assistant Secretary-Treasurer a copy of the original contract so she can type up the letter for Mr. Shearer to sign.
Mr. Shearer is working on the package for winter storm Jonas, Mr. Shearer was able to speak with the FEMA guy. FEMA wants the borough to re-evaluate their 48hr period. Apply for 6PM Friday to 6PM Sunday. New paperwork will be required for this. This will probably net the borough another $600 – $800.
In regards to the tablet, Mr. Shearer is leaning to Microsoft. It is a hybrid laptop/tablet. It would be more functional as it is Windows based. The only cell phone carrier that supplies this tablet is AT&T, and they do offer COSTARS pricing. Mr. Shearer will also contact Sprint and Verizon for pricing.
Mr. Shearer referenced an email sent by Councilman Harper regarding a grant for sidewalks and streetscape enhancements. Councilman Harper was thinking of streetlights specifically. This grant is geared for replacement of the entire light pole. At this point that grant does not apply to the borough at this point. Discussion continued.
Zoning Officer’s Report
Mrs. Myers has been all over the place, trees, and brush junk, several people have been sent certified letters.
On April 13, Mayor Sanford attended a second training on CEM program, which is a computerized system to be able to do action plans such as the basin plan. Mr. Shearer will be instructed on this. Training on EMA was on April 6, this was regarding weather.
Mayor Sanford reference the police report that had been distributed. A couple highlights from this past month; Mayor Sanford is going to contact Chief Damon to remind him about the block party on Elm ST on Saturday. Chief Damon did get back to Mayor Sanford regarding Councilman Snyder’s question on the difference between calls and arrests. That is attributed to unsolved burglaries, and some of the softer crimes around town. We are still in a negative factor, at the end of April we are negative 103 hours. Councilman Myers asked if we had no hours. Mayor Sanford clarified that we have a deficit in man hours . An incident that occurred a few months ago ate up a lot of hours. K9 funds that were being gathered – it was decided by the department not to replace the K9 dog, so those funds are being redistributed. Discussion continued.
Dates to remember – Dallastown’s kick of celebration for the 150th anniversary is May 21st, that is a Saturday, and there will fireworks for the kids.
Councilman Snyder asked the Assistant Secretary-Treasurer if she was able to attend an upcoming Municipal training event. Diana said no, she would not be able to make that. Councilman Snyder said this was fine, it was not mandatory. Diana is going to check out the website and request paperwork regarding the municipal codes.
York Regional EMS report was also received.
Mr. Malesker will contact Jake Romig.
The Assistant Secretary asked if the borough would be going after a resident who started work without obtaining the required permits. This was sent to Code Administrators. The resident will be required to pay the fee, and get the permit. Based on the size there will be Storm Water requirements.
Councilman Noll said he had a few things. There is a MS4 workshop the cost is $50, and Councilman Noll would like to attend if it fits into his schedule. If he can’t make the York workshop, he will attend one in Wyomissing. Councilman Myers would also like to attend.
Smart meters will be installed starting in June. Smart meters will be installed on commercial and residential homes. There is no opt out, it is required by law to be replaced. Met Ed will be the contact for this. There is a fee for this, but it is already included in your electric bill in your rates. Information regarding the smart meter installation has been posted in the borough office, as well as the borough website. Replacing the meters will require the power to the residence to be shut off for a short period of time.
Councilman Noll also brought up that municipalities are being sued by the ADA for their websites because blind people cannot read the website. Councilman Noll is trying to get more information regarding this.
Payment of Bills
Councilman Noll made a motion for payment of the bills, this was seconded by Councilman Howett. All in favor.
A motion was made by Councilman Howett at 9:56 to adjourn the meeting. This was seconded by Councilman Snyder, all in favor.