borough of yoe

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

Minutes for November 11, 2014

The regular monthly meeting of Yoe Borough Council was held on November 11, 2014 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order by Council President Sam Snyder at 7:02PM followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
George Howett
Barry Myers
Regan Strausbaugh
Bill Bankoske
Ryan Harper
Others in attendance:
Dana Shearer, Maintenance
Sandy Sterner,Secretary-Treasurer
Steve Malesker, Engineer
Charles Rausch, Solicitor

Councilman Snyder asked if everyone had a chance to review the minutes, any additions or corrections? A motion was made by Councilman Howett to accept the minutes of October 7, 2014 as presented. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said minutes accepted.

Adoption of Ordinance 2014-03: Advertised for 7PM
Solicitor Rausch said this is the ordinance to open South Orchard Street. Notice were sent to adjoining property owners, to come to the borough or supply something in writing. I did not receive anything at my office. The secretary said the borough did not receive anything either. Solicitor Rausch said its been advertised so it’s a ready for adoption. I will need a certified copy of the ordinance, to file with county to get on the road docet. The secretary will certify its an original copy. Solicitor Rausch said no one opposed adoption. Councilman Snyder asked if there was any further discussion. Councilman Noll made a motion that the ordinance be adopted as outlined. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried, so be it adopted. The mayor will need to sign the ordinance.

Councilman Snyder said Jake Romig was on the agenda and is not present. No other visitors were present.

Solicitor’s Report
Solicitor Rausch said 187 S. Main Street is scheduled for sheriff’s sale on December 8th. The Amanda Boltz property. We have a lien against that property, our lien will not be discarded by the sheriff’s sale. Councilman Snyder said hopefully with that being bought back by the mortgage company, the code enforcement officer will had someone to go after. Councilman Myers asked how will we know when the sheriff’s sale is complete. Solicitor Rausch said it will be recorded so we have to keep a look out on it, once the deed is recorded.

Solicitor Rausch said Resolution 2014-07, the resolution to appoint Smith Elliott Kearns & Co. as the auditor for Yoe Borough to do the audit 2014. A motion to resolve Resolution 2014-07 by Councilman Myers. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said so be it resolved.

Councilman Snyder said we met to go over the preliminary budget for 2015,everyone had a copy of that preliminary budget in their packet. The highlights is a .50 in real estate tax which will be dedicated to police protection. Some of the highlights of this budget, that the council need to approve included a 2% increase for maintenance, 2% increase for the secretary-treasurer. With our real estate taxes going up the tax collector gets automatically gets an increase, she gets a 5% commission on taxes collected. Which actually comes to a 11% increase on her part. That being addressed next year with the next municipal election, and we addressed that with the new ordinance. The reason we are doing this with the police protection, there was a 11 ½ % increase on police coverage this coming year because of the drop out of Red Lion Borough. For total police coverage will be $83,308.00 which is coming out of general fund. The .50 will help ease the burden. I have one consideration after doing some figuring up, in my head, we don’t give merit raises, we use the increase in Social Security to give raises. I thought to try to keep things fair. Connie is getting close to 11% increase. On the maintenance end, as a benefit we pay the insurance coverage for Dana. That is going up 29%, the borough is picking up the cost of that. Which is about a 11% increase for him. I think there is no other real compensation to give her except the raise. I calculated it out that based on amount of hours she works, I think it would be fair to get her compensation to increase by 5%. She was already going to be under the budgeted amount. Even with the2%, I think that would be fair. Councilman Noll said in a township, for their taxes, just for police protection is not allowed. The secretary said I checked with the auditors, there is a slot for Real Estate: Special Levy. The bill is printed it says Real Estate: Municipal Fire Protection, so hopefully we can have the bill say Municipal Police Protection. Councilman Snyder said the borough code is allowed for 4 mill for fire protection and they allow .50 for emergency services. Allow up to four mills for library. I’ll be sending Charlie a draft of the ordinance I have written up. The secretary said I will keep contact with the auditors and with the county for the bill to be printed accurately. Councilman Snyder said it was brought up at the budget meeting, where Yoe Borough stands tax rate wise in comparison to other boroughs. I pulled this off the computer for the York County list. Out of the 35 boroughs in York County, after this increase, not assuming anyone else is changing their rate, there are six higher even with the increase. There will be 29 lower. Before this increase we were in the middle. North York is saying they are raising their rate from 6 to 8 mills. Discussion continued. A motion was made to adopt the preliminary budget and to advertise it for adoption for December 2, 2104 by Councilman Harper. The motion was seconded by Councilman Bankoske. All in favor. Councilman Snyder said motion carried. A motion was made by Councilman Noll to increase the maintenance salary by 2%, the secretary’s salary by 5% and the tax collector is covered by ordinance starting January 1, 2015. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried. The secretary said I will send the advertisement to the newspaper for the adoption of the 2015 budget.

Solicitor Rausch said I put in the ad for the post adoption advertisement for the zoning ordinance. Today was the last day of the thirty day period. The ordinance took affect October 12, 2014. Its very confusing. The bottom line, the first thirty days after you adopt an ordinance, if someone brings a procedural challenge, all they have to show is, that we did not strictly comply with whatever the rules are. Miss dotting an i or crossing a t, the ordinance can be thrown out. After thirty days of the legal post adoption notice, it’s a different standard, its harder for someone to prove that the ordinance is procedurally flawed. If its substantial compliance then we are okay, if we missed crossing a t, and missing that did not exceed the public then we are okay. Its another layer of protection. If someone can prove that their constitutional rights were violated, then it doesn’t matter how long it goes. That notice will run the 21st.

Solicitor Rausch said an update on the rail trail. CR Property they bought the property of Makosky, 92 E. Pennsylvania Avenue. They are selling the property. The bank or the owner wanted a certification that it could be subdivided. From what I can tell, it can’t be subdivided. CR was willing to grant us easement. I’m not sure where we are with rail trail. Councilman Myers said we should be talking, the availability to go down Pennsylvania. The secretary said she prepared a letter to give to Coldwell Banker stating the Charles Rausch is the borough solicitor. Councilman Myers said the other thing I’m worried about which doesn’t have anything to do with the rail trail, is the right of way, we think we have a right of way going up to the park. We have our sewer and water line in there. We couldn’t find anything that says we have a right of way. We do have a water and sewer line going up to the park. Councilman Noll said did you pull the properties to see if there are easements. Mr. Shearer said the information we had was when we did the quiet title. That is the stuff we looked at. One refers to the alley , the supposed alley, where our utilities are run. Discussion continued. A motion was made by Councilman Myers that the borough solicitor start working whatever avenue his legal profession feels, quiet title, eminent domain or if you have a right of way, you have the right to use and construct and access to the park. To authorize the President or Vice President of Council to sign any documents as necessary to keep the process moving. The expenditure of $2500.00 or less. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Engineer’s Report
Mr. Malesker said the borough map, I have five color copies of the borough map. Comments from Seth and Dana. This has the most recent survey for the boundary of Orchard Street. It features the unadopted and adopted streets. The ones that were never paved, the paper street are on there so they don’t get lost. Mr. Malesker will send a pdf of the map.

Mr. Malesker said we can talk about the GIS. Councilman Noll asked if you got any further direction from C. S. Davidson. Mr. Malesker said they are standing firm on $2400.00 a year. One reason for that cost, ESRIA who has the Arc GIS program. The license for five users for that is $2500.00 a year. We are providing unlimited users and unlimited data. Ours is mobile, there’s isn’t. If you want they can bill it on a monthly basis, if you decide you don’t want it, you don’t have to pay for a whole year. Discussion continued on the program and the cost. Councilman Myers suggested getting the sewer authority to pay half of the cost. Mr. Malesker said I don’t have the sewer information. Councilman Noll said we could put the sewer information as a layer. Mr. Malesker said you will see the water layer. Councilman Myers said we need to see the sewer authority. Mr. Malesker said the water authority engineer will have access to the water information. I think that would benefit the borough, to have the sewer information. In Dallastown we have all the as builts, they use it for one calls. Councilman Noll suggested to hold off on this, table it, until we know what is going on with the easements/right way. Councilman Harper suggested waiting until later next year giving us time to talk to the sewer authority.

Councilman Snyder said its still sitting here. The basin agreements. Councilman Noll said I got York Township to sign. We have to get with Dallastown. Councilman Noll and Myers will go up to Dallastown.

Maintenance Report
Mr. Shearer said after November 1st, we were able to order salt via the contract. I ordered thee loads to give us our minimum 60%. The contract is from August 15, 2014 to August 14, 2015. This will meet our current cycle. You had motioned the expense will come out of liquid fuels.

Mr. Shearer said the rip rap was placed along Yoe Drive. Councilman Noll sent pictures out. Councilman Noll said to thank Dana, for coordination of all aspects of the project.

Mr. Shearer said leaf pick up is continuing. Usually we pick up on Mondays. If the weather continues to hold out, we will be picking up leaves until about December 1st.

Mr. Shearer said I have jury duty beginning November 19, 2014.

Mr. Shearer said I am getting the buildings winterized. There will be a slight charge from the water authority to turn the water down at E. Pennsylvania Avenue and pull the meter.

Zoning Officer’s Report
Councilman Noll said nothing really to report. Nothing was issued in October, September was one zoning permit and one building permit for the Orth’s garage. Councilman Myer said that Mrs. Myers hung some door notices. Councilman Snyder said as was discussed at the budget meeting. I contacted Norm from Code Administrators and he investigated the property at 7 E. Pennsylvania. They are going to need permits from the UCC and zoning. I asked that this be done amiably. Get them into compliance.

Emergency Management Report
There was no report

Mayor and Police Report
Councilman Noll said the mayor did send his report to me via email. I did not get back to the office to print it out. We will table it until next month.

Secretary’s Report
The secretary reported the 2015 estimated allocation for municipal liquid fuels will be $21,866.44.

The secretary reported that the office will be closed November 28th.

The secretary said you got the third quarter bank statements with your packet.

The secretary said we got notification from Keystate Publishers on codification costs.

Councilman Snyder said it’s the fiduciary duty of every council person to look over and reconcile statements and be satisfied that there is no misappropriation of funds going on. This is why the statements are being sent out on a quarterly basis.

Councilman Snyder said the Keystate Publishers she was talking about, came in good, at a price not to exceed $1525.00. And that will include the zoning ordinance.

Councilman Snyder said York County Planning Commission has vacancies for regions 1, 2 and 7 to the York County Planning Commission for terms beginning 1/1/15 to 12/31/18. The York County Board of Commissioners is seeking qualified candidates. Yoe Borough is in region 2.

Councilman Snyder said for everybody review, we received the outstanding invoices for the Yoe Borough Sewer Authority and updates to that.

Councilman Snyder said we received Yoe Fire Co.’s 2013 for the IRS, that is filed with the municipality.

Councilman Snyder said the York County Municipal Administrator’s meeting is December 11 at 10:30AM at York Township. Councilman Noll said I sent to you Sam the York Township contract for refuse. The secretary said Chuck Johnson from Republic Services notified the borough, that they are interested. Our garbage contract expires 12/31/15.

Councilman Snyder said we received the October notice from the tax collector. The secretary wanted to make sure we saw one of the recent notices.

Councilman Bankoske asked what do we want to do about the calendar for the website. Councilman Snyder said the Mayor asked that the calendar be activated on the website, I felt it was a good idea. Councilman Bankoske will contact the web master. The secretary asked that it be asked, what I am supposed to do.

Unfinished Business
There was no unfinished business.

New Business
Counciman Noll received a phone call from a resident, that people are bringing garbage into the borough. I don’t know what we do about it. He was told its construction material. Councilman Snyder said the last time it was at the end of Broad Street, we had Dana monitor it. Garbage is considered public property, recycling is our property. Councilman Noll said I just wanted to make note, if you see anyone unloading garbage along Main Street. Councilman Snyder said if they are caught, they can be cited.

Councilman Harper said anything to elaborate on about the oil slick besides the email. Councilman Snyder said they are pursuing it. It was part of the recycling business. I did find out the fines for overweight vehicles, they get points on their license. Councilman Myers said they plead for their violation to go down, so they don’t get the points or lose their license. Councilman Snyder said if we see an increase we can notify the mayor.

Payment of Bills
Councilman Snyder asked if everyone had an opportunity to look over the bill list. A motion was made by Councilman Howett to pay the bills. The motion was seconded by Councilman Harper. All in favor. Councilman Snyder said motion carried.

Councilman Bankoske made a motion to adjourn the meeting at 8:50PM. The motion was seconded by Councilman Snyder. All in favor.

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