borough of yoe

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

Minutes for November 12, 2013

The regular monthly meeting of Yoe Borough Council was held on November 12, 2103 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7:00PM by Council President Sam Snyder followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll(leaving at 8:07PM)
Tom Allar
Barry Myers
Regan Strausbaugh
Wendy Coble Tyson
George Howett(arriving at 7:07PM)

Others in attendance:
Sandy Sterner, Secretary-Treasurer
Steve Malesker, Engineer
Seth Springer, sitting in for Borough Solicitor Charles Rausch
John Sanford, Mayor
Jake Romig

Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting, any additions or corrections? Councilman Allar made a motion to accept the meeting minutes of October 1, 2013 as presented. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said mintues accepted.

Councilman Snyder said Steve has prior commitments, the engineers report up first.

Engineer’s Report
Councilman Snyder said the largest discussion item under engineer report is of course the invoice we received from York Township on Yoe Drive. I sent everyone the information out on that, so you could come with prepared ideas and thoughts. I did speak with Steve for one idea, since being in the budget meeting and the feelings of council members on not having to raise up taxes, knowing we had this with York Township and what is the best way to proceed. On an unrelated point, we had to present with York County Planning an updated map, they are hopefully going to give us an updated map based off of the survey that was done for the borough back in 1947 however they said they were going to need a reference point, that they couldn’t get it to lined point, they couldn’t get it line up with the points that they were using. I don’t know why, they couldn’t plunk it over. They said they needed a starting point. Over the summer, I located an original borough marker. There was one up at the cemetery. On that map, it’s the very last point on the very corner of the borough, which would take it out to Yoe Drive. Its 1353 feet. I gave Steve a call, run up an estimate to do a quick survey, to see how much it would cost to run a survey line from that known point to the end of borough and find exactly where Yoe Drive falls into relationship to the borough line. My thinking is, if indeed Yoe Drive doesn’t fall the way we are being billed, 14 foot and 10 ½ foot. We would have something to go back to the township with. Likewise, the angle could be across the street. If the survey shows we own more, we can get it on liquid fuels. Mr. Malesker said for a simple survey with no exhibits would be around $800.00 and start on that point where there is the X on the curb, 1350 foot. Spraying some points. If we need to prepare exhibits, it would be around $1200.00. Councilman Snyder said at this point, so to go from that point to end point to put a marker. Discussion continued. Councilman Noll had a concern about if we need to make the marker more permanent than an X on the curb. Mr. Malesker said we can tie that property corner. Discussion continued. Mr. Malesker said there is no inter municipal agreement. Councilman Snyder said five years ago, we were told per estimate, our cost would be $8,000.00. This invoice is a far cry. It was suppose to be an overlay. They did a reclaim of the road. We thought they would have negotiated this, which they never did. At this point, I think we need to know what we have. Discussion continued. Councilman Snyder said there are a bunch of issues with the invoice. Like Dana mentioned, we have a contract with Dallastown. I heard from someone else, that the township did the work, they borrowed the equipment from that contracting firm. I don’t know what they did. We can’t use liquid fuels. They kept putting us off over the years. We kept it in the budget for three years. We got an email notice that a crew was coming out in August. Councilman Noll said we can request additional back up. How was bill generated, is there a percentage? A motion for C. S. Davidson to complete the survey, to run that line to determine where Yoe Drive in relationship to the borough line by Councilman Allar. The motion was seconded by Councilman Noll. All in favor. Councilman Noll asked for notification so we can have someone out when they are doing survey. Councilman Noll made a motion to ask York Township for additional backup on the line items and how the costs were calculated. The motion was seconded by Councilwoman Coble Tyson. All in favor. Motion carried.

Mr. Malesker said the storm water management plan was received for 142 S. Wilson Court and I will have comments for the next meeting.

Mr. Malesker said the basin inspection is scheduled for tomorrow. We will have the report ready and submitted by the end of December.

Councilman Noll asked if Mr. Malesker needs to be involved down on George Street with the construction. The old Strobeck property, there is a person doing construction at the property. They were issued a stop order. The property is in a flood plain. If they choose to continue and not remove what they have done, we may need to involve Mr. Malesker.

Mr. Romig said a couple things to talk about. One is the status of the Mill Creek Preserve and the whole cease and desist. Sandy had sent via certified/registered mail the as built plans and a letter asking for the release in the cease and desist. It was never received by the Army Corps. They tried several times, the Army Corps was suppose to pick it up, it never happened. I connected with Mike Danko. They are all out of the office, they have a small office in Carlisle, they don’t even have a full time secretary in that office. Mike requested that I send it regular mail, not certified mail. He has it. He did not get back to me on it, when Tom and I met him out in the field, he indicated he would have to get back to his superiors and since he has everything now, to issue a letter. I did get back to him on the status of that yet. He has all that now. The secretary asked you did confirm that he has that in his hands. Mr. Romig said yes. Councilman Noll said do you have an email from him, that he has it. Mr. Romig said I should have that tomorrow. I talked to him about it as soon as I get that email I will forward that to you. Councilman Allar asked they Mr. Romig remind him of the conversation that he and I had three or four months ago. I did include that in the email to him.

Mr. Romig said the next thing is the plan that some of you saw for the area at the basin, the old Riedel property. Essentially the project is dead at this point. To do the swap, which we were trying to do, require a major modification of the York Township project. Their NPDES permit for erosion and sediment control for that project on Camp Betty, it is a long drawn out process to get that permit and what we were trying to do is offset the storm water for that sight by doing a project in Yoe Borough. Because it was an accommodating requirement for post construction water management for that project as part of their NPDES permit. And doing a project somewhere else to satisfy that requirement, we would have a lot changes involved. The owner is the developer of Sage, it would be a cost savings to them, they didn’t want approach the major changes to the NPDES. The project of putting in a rain garden, Tom and I were out there. There is a slim chance that it would come back. The idea of the project was to fund stream improvements, upstream where it is unstable and falling apart. A way to fund that part by combining the projects. There is a slim slim chance, they would take one more look at the numbers. They are talking about planting 863 trees, right at the bend, with a quote of $57,000.00. They may start looking at this in the spring. I did met Tom on site, and there is potential for the rail trail to come through. The design was a preliminary sketch. Another idea, was to design it like a wetland that wouldn’t need mowed, minimal maintenance. The other thing that I’ll touch on briefly, is the big picture for Mill Creek. We are still working for the York County Community Foundation, for the Mill Creek Watershed. Trying to identify, what needs to happen and where. The Chesapeake Bay Regulations. Where the money is going to come from. It has been a long drawn out process, the data that we need to make it a good plan, isn’t available. Have to go property to property. Councilman Allar said those four Codorus Creek Watershed studies, do they cover that too? Mr. Romig said there are three codorus watershed assessments that were done and then a wrap up all those three, there is Codorus Creek River Conservation Plan. The River Conservation plan and the West Brach Assessment those two cover Mill Creek. We backing for funding. The one thing we don’t have for Mill Creek is most of the assessment reports, highlight problems with the stream. But the stream doesn’t cause a problem for itself, something else causes the problem. If you are going to invest in the stream corridor, you better protect that investment by looking at what caused the problem in the first place. That is what we are looking at as far as green infrastructure. Green infrastructure, we are looking at rain gardens or infiltration status with retention ponds. Working not only on public land but also on private land. Land owner can put in a rain garden. Councilman Allar asked is Mill Creek on the 303.D as being impaired? Mr. Romig said yes. Councilman Allar asked does that give us any advantage? Mr. Romig said we just finished a project at Mill Creek Preserve which was funded by DEP, part of that funding was this is Mill Creek, a problem child for York County. Its on that 303.D list. It’s a project we’ll fund it, but you better start taking care of what is wrong with the watershed before we fund projects, we want to protect our current investment. They’ll help with what is wrong with the watershed. Their point was we will fund this and a couple of others, start looking at what is wrong. We diligently trying to get this draft plan. We are having trouble with the GIS layers, they are not available from York County. We are up against the gun to get this done. Soon as we have a draft available, probably coming back to each municipality in this contest. And then we’ll have a public meeting. Councilman Noll asked did anything come out of the last time you were here, we were talking about a request for a grant? Mr. Romig said that was technical assistance. What happened was there were normally three rounds for technical assistance per year. And in the last round, which closed in August, that was the first round, they’ve seen so many applications because there was a carry over from the third round of the prior year. They wanted to fund them all but they couldn’t, so instead tying it up in three this year, they are only going to have two rounds. To try to fund more in the first round and more in the second round. So that closed, now the second round has not been announced yet. I was in here with Steve at one point, to review the storm water map. With my contract, with Fish and Game I can subcontract C. S. Davidson. We are in a holding pattern. As soon as I know more, I can work with Steve. I think you already authorized for us to work together.

Councilman Snyder said are you on target with whatever you need to do with the wetlands up there on Mill Creek issue. Mr. Romig said the as builts for this year satisfy, that is all that is needed this year. So the monitoring begins in 2014. The as built is the report this year. Councilman Allar said Mr. Danko said it is too late in the growing season, therefore it will kick over to 2014. Spring 2014 will be the first inspection and will be ongoing for five years.

Mr. Springer asked is there any progress on who is going to maintain that? Mr. Romig said I will do the monitoring, and I think if there is any maintenance required, go back and look at the maintenance agreement with the contractor. They would have a performance period, I would that would be our first avenue. Then after that the borough is responsible. Mr. Springer said the contract went through York Township. Councilman Snyder said we agreed in that contract to maintain it. Mr. Springer said I thought we had someone on board to maintain it. Mr. Romig said I think we discussed it, and I thought the reason was, we don’t what we are maintaining yet. Councilman Noll said we need to see what the maintenance is first. Mr. Romig said based on the level of monitoring required, the maintenance would be planting and seed. I can’t see knowing what is out there, and knowing what was out there before this started, from the seed source, regardless of what was put in that its going to come back, so its based on percent coverage by the fifth year. They aren’t many where its 25% coverage by the first year. Mr. Springer said didn’t we get into trouble with the last one for failure to maintain, it had to be moved because it couldn’t be. Councilman Noll said no one was maintaining. Councilman Allar said the real issues with the last one was the upstream channel. You have change in volume of water and the wetlands were being destroyed. Mike Danko has indicated to me, that given hindsight this should have never been approved for that sight. He acknowledged an error in the Army Corps of Engineers when given approval, it shouldn’t have been built, given the fact that he should have known that everyone should have known the development was going to be up in that area. That is designated by York Township as a high development area. The main reason that Danko feels the cease and desist was issued, was that we could not re-establish those wetlands. There is no maintenance issue that we could have done to remedy it. Now that would have been taken into consideration. Not a lot to deal with, some major issues. I don’t know what maintenance we are going to have really. Something that is way beyond our control.

Solicitor’s Report
Mr. Springer said I got something to Judge Linebaugh, he liked the packet that we submitted, he go ahead with it and suggested I do a CLE. Which I will wait to do until I have a couple of these through.

Mr. Springer said I talked to Sandy about the property that is up for Sheriff’s Sale. You guys are aware of it.

Councilman Allar asked did you talk to the Housing Alliance? Mr. Springer said I haven’t pushed the conservatorship through until borough council authorize that I do. Councilman Allar said its just a quick way to get some data, she came up with four different ways through court orders to have the transfer done. She serves on the committee that votes for the legislation, i.e. transfers through a conservator. She rattles off four things. Mr. Springer said right now, my free time is limited. Councilman Allar said she says in that email if you want to talk to her. Mr. Springer said when there is someone is ready to move, either you, Warrington or Springettsbury. We just did a preliminary injunction. It was a condo.

Mr. Springer said I haven’t heard if you have anymore on the property, or 196 or 230. I assume you haven’t had anything. Councilman Myers said Patti gave your phone number when she got a call. Councilman Snyder said Patti contacted me, Attorney Schenetzka, he is the attorney for Mr. Richardson, he tried to work out a deal with her, so the borough does not continually cite him She said I’ll give you two months off, he said well maybe the borough would be willing take it over for a buck. She said I can’t talk the borough, she gave him your name and number. She also gave him my number. Mr. Springer said I’ll call him. Councilman Myers asked did he talk to her about tearing the house down? He called her back and said, can we tear the house down. Patti said if you get the necessary permits, you can do what you need. She said he wanted to know where to get someone to tear it down. She gave him one or two numbers of people who tear houses down. Then he was to contact you. Mr. Springer said are you interested in taking it for a dollar. Councilman Snyder said my only concern is we have $15,000.00 in liens that we need to have negotiated down. Mr. Springer said if you talk to those holding the liens. Councilman Snyder said by the time they got back to us, the absolute auction is in May. Mr. Springer said someone inquired about tearing it down. The secretary said it was Mark Adkins who resides beside them. Councilman Snyder said let Attorney Schnetzka call you.

Councilman Snyder said we have the second revision for ordinance 2013-05 for the weight restriction. Everyone have an opportunity to review, a few corrections, they are underlined. A motion was made by Councilman Noll to advertise Ordinance 2013-05 for the next meeting. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we will have two resolutions plus one more ordinance. The secretary asked both ordinances can be advertised together.

Councilman Snyder asked if everyone had an opportunity to review the preliminary budget. Councilman Noll said do we need further tax mileage. If we send that budget in and find out, and we need to reopen, do we have to readvertise. Councilman Snyder said the tax ordinance would be ready for the next meeting per this budget. If this doesn’t go to our advantage with the survey. We will make payments of $8,000.00 in 2014 then additional $8,000.00 then $8,000.00 for the overlay. Councilman Noll said I think its worth explaining, the way this budget is done this year. To get to our starting balance, we assumed that the money for road work this year, has been transferred over as the beginning balance for next year. Councilman Snyder said our budget, its acceptable by DCED, they explained it Yoe Borough operates on a structured deficit. That structure deficit is your beginning balance, if we spend everything we spend everything we are budgeted to spend next year, that beginning balance for the following year becomes a zero. Which means we would have to find $65,000.00 to balance, the fact we don’t spend every dollar, it shows up as our beginning balance and fluctuates from one year to the other. Sandy calculates and estimates to get to the beginning balance. Councilman Snyder said we would say, you will get your payment over the next three years. Councilman Myers said the Red Lion mower cost $300.00 and its still not fixed, the truck cost us $484.00. The Red Lion mower, we need to do something, buy or lease. The mower is dripping oil and not fixed. We’ve problems through the mowing season. Councilman Snyder said we could possibly lease. Mr. Shearer received a ball park figure on a new mower. We haven’t solicitor a firm quote. I am not sure what you want or allow me to buy. Discussion continued. Councilman Snyder said we have a balanced budget. Within the next six months, get the information and then we would have the monies from the equipment repair. We would have that option. Councilman Myers said lets confirm with Red Lion about the mower. A motion was made by Councilman Allar to advertise the budget as proposed. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said budget is ready to be advertised. A motion was made by Councilman Myers to advertise the tax ordinance along with the other ordinance from next month’s meeting. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. The secretary reminded Mr. Springer that the meeting is within three weeks.

Councilman Snyder said we have the SPCA contract for 2014. Looked over it, compared it to 2013, some minor verbage. Keep that in mind, when people complain as to what SPCA offers, dog licensing, micro chipping, low cost spay and neuter, humane investigation, temporary care, etc. A motion was made by Councilman Noll to sign the 2014 SPCA contract. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried.

Maintenance Report
Mr. Shearer said knowing that the budget is tight in the beginning of the year, I want to start now to prep the 2014 maintenance fee letters. Get them prepared so they are ready to go by the first full week of January. The fee schedule is the same? Councilman Snyder said correct. Councilman Allar said how are we with the inspections, are we within our cycle? Mr. Shearer said we are working on it. Councilman Allar said the property down on George Street, what about that. I’m not sure what the situation is. Mr. Shearer said I’m not sure if the renter has changed there or not. Councilman Myers said there are some that hasn’t paid us, you were going to file a citation. We don’t want to let those get by. Councilman Snyder asked so you are going to file those citations? Mr. Shearer said yes. Councilman Myers said you can start to look at what kind of equipment you want, so we are ready to discuss that between now and April.

Councilman Myers said I guess we don’t have as many part timers for snow removal. I see its Rick Searle and the rest is George, Barry and John. Mr. Shearer said George isn’t on that list. That was just the contact list for the county. Councilman Myers said but we do have some part timers. Mr. Shearer said with Scott being on a regular forty hour schedule. Only early evenings and weekends. He would be able to help as needed. Mr. Mosebach has availability because of shift work but still is in training stage. The availability is the key for those listed to 911. Mr. Bob Strobeck has expressed to me that he has one truck that his nephew also uses in his nephew’s business. That truck he has plow and spreader. My question is, he always had a certificate of insurance, I don’t know what his insurance status is. No one bid snow removal for the joint contract. Councilman Howett is talking to a contractor on Thursday, he can ask if that contractor would be available. Mayor Sanford suggested checking with Bob on his certificate of insurance. Discussion continued. Mr. Shearer said if we would get into hauling, we would have to go with Fitz and Smith first. Discussion continued. Mr. Shearer asked if an option would be to get a truck and an operator or supply an operator. Discussion ended.

Zoning and Code Officer Reports
Councilman Myers said Mrs. Myers was busy. She had 10.25 hours for October. She found numerous unregistered/uninspected vehicles, construction trash, did some research on some properties and talked to Mr. Shaw. She is working on 205 W. Water Street on recreational vehicles. The stormwater plan for 142 Wilson Court is in the folder. Down at the former Strobeck property, between the two buildings, they were starting to put an office in there. Mr. Shaw gave them a cease and desist order. They have to go through the proper steps before continuing.

EMA Report
Mayor Sanford reported that Rodney Smith and I attended a damage reporting workshop in October. It was very informative. We can report more that what we are, good information.

Mayor’s Report
Mayor Sanford said you have my report listing activities for the month of October, the Police Report is on the back of the report. Pretty quiet month.

Councilman Snyder asked the disc and data transferred, Mayor Sanford said that was given to Ken, he is working on it as we speak. Our goal is to have up and running by Thanksgiving.

Mayor Sanford said I’ll pass around the situation report that was circulated during the heavy rain event of October 11, 2013. This is what we get from the county via emergency management.

The secretary said you received a copy of proposed meeting dates for 2014. I will revise it to add a paragraph on the proposed zoning ordinances workshops after May 8,2014. The dates will be advertised after the next meeting.

The secretary said the office will be closed the day after Thanksgiving, I will be taking my Veteran’s Day holiday then.

The secretary said I’ve scheduled the 2014 audit. The auditors will be here in December to do preliminary work. And in the spring will have to advertise for a new auditor cycle.

Unfinished Business
Councilman Snyder said I had one item. We got the total for mowing of the blighted properties. It came to roughly of $300.00 per parcel. The question is do we want to send it to the solicitor to lien, spend $500.00 to get $300.00 or are we just going cut our loses. Councilman Allar said Steve was going to talk to the water authority to see if costs could be attached to the water bill. This needs to be brought up at the December council meeting. Councilwoman Coble Tyson said we had talked about the police costs and possibly discontinuing the old contract and revamping. Having the mayor contact the police in June or July, saying we can not afford this service as it currently is contracted. Discussion continued on whether to lien the properties and the cost associated with liening. Councilman Snyder said there is a fine line where you have to cut your loses. With the Getting property, where its $2,000.00 that is worth filing the lien. If the borough is going to mow, you only have six months to file liens. It’s a money pit when we go into mow. We spent the money and the town looked a little better.

Councilman Myers said I met with the President of the Rail Trail Authority on Monday. I gave him a copy of the feasibility study, I took him out and showed him the project. I told him basically what we would like to see them do, let them take over the project. That York Township was in favor of it. Red Lion is doing their thing. He seemed pretty positive. They have a work group scheduled for this Friday and a meeting on Monday. If there is vote for yes, then it can put together. He heard mention about the project. I told him, we do need you, you have the expertise, the council doesn’t have the expertise. I do believe we can maintain it. I showed him some of the difficult areas. Councilman Allar added if someone can attend the meeting. Discussion continued. Councilman Allar said I think you all got a copy of the proposal from Buchart Horn. The cost page has been replaced with a cost of $13280.00 for Yoe Borough. The bullets we worked out previously are in there. This is not ready for signing, I would like to meet with Karla and have Seth there. While Barry is working with the authority, everyone else is moving out and we are falling behind. Red Lion signed their contract with Buchart Horn. The proposal goes before York Township Commissioners for a vote also. Just around the corner in 2014 is coming up CDBG and DCNR grants. Diane in Red Lion has agreed to submit to both of them for whole group. If Diane to do the application for everyone, and don’t miss that window, and I say we are falling behind for monies to do it. I would like to submit a letter to to the county for monies for our part. There was a consensus of council to submit a letter to the county for our part in the amount of $20,000.00.

New Business
There was no new business.

Payment of Bills
There was one additional bill for Brooks Huff in the amount of $484.00. A motion was made by Councilman Allar to pay the bills as listed with the additional bill. The motion was seconded by Councilman Myers. All in favor.

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

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