borough of yoe

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

Minutes for October 1, 2013

The regular meeting of Yoe Borough Council was held on October 1, 2013 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7:03PM by Council President Sam Snyder followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
Barry Myers(arriving at 7:05PM)
George Howett(arriving at 7:13PM)
Regan Strausbaugh
Tom Allar
Wendy Coble Tyson(arriving at 7:04PM)

Others in attendance:

Sandy Sterner, Secretary-Treasurer
Steve Malesker, Engineer
Seth Springer, sitting in for Borough Solicitor Charles Rausch
John Sanford, Mayor(arriving at 7:05PM)

Councilman Snyder said that it is duly noted that there is a quorum present.

Councilman Snyder asked if everyone had an opportunity to review the minutes of the prior meeting, any additions or corrections? A motion was made by Councilwoman Coble Tyson to accept the meeting minutes of September 3, 2013. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said minutes accepted.


There were no visitors present.

Solicitor’s Report
Attorney Springer said we have the ordinance for the building and structures, Chapter 5 Part 3, Subsection 3, Section 503.06, everyone copied? A motion to ordain Ordinance 2013-04 by Councilman Noll. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said so be it ordained.

Attorney Springer said here the draft of the ordinance correcting and amending names of streets subject to the vehicle weight limits established on certain streets and bridges for violating vehicle weight limit restrictions on vehicles. Changes include changing East to West Fourth Street, changing East to West Third Street and also referencing Section 2902 G2 to 2902 B and holding the maximum penalty, fine of $500.00. This brings us into compliance. This is a just a draft. Councilman Snyder said I’d Dana to have time to look over it, come back next month talk about revisions or changes and then make a motion to advertise it to adopt next month. The secretary reminded the attorney and the engineer the November meeting is November 12, 2013.

The secretary received the Riedel deed. Attorney Springer said its been consolidated and filed.

Attorney Springer said I had a meeting with Judge Linebaugh and presented him with a copy from Butler County. As an example of what another county is doing, I wanted to have him look that over see what he likes and what he didn’t like, what more he’d like to see. His concern is judicial economy. He said Yoe is only one of many municipalities, that he has a fear that would start using this law and he has a fear it pack up the court docket. His concern is they don’t have enough judges on staff, to address all these decisions. My counter was why I was meeting with him, to get an idea of what he wanted to streamline the procedure. I’m anticipating a lot of these case, the people aren’t going to show and even if they do show, its going to be nice to have a standard operating procedure in petitioning the court, giving them what they want to see. If they want to schedule a special set, so be it. But we can at least have the information in front of us going forward. They aren’t sure how much time its going to take. We can get some standard down. Councilman Allar asked did you get from that, that this is an effective law? Attorney Springer said it has its uses, its going to depend. Councilman Allar asked did the judge recognize its usefulness? Attorney Springer said absolutely. Not to say the judge was dumb, I had to educate him about what the municipalities do, and the advantages of the law. Why in particular, Yoe, would want to use this law. To not incur a bunch of debt and not to have to handle the property. I explained the advantages versus disadvantages. And what Butler County is doing. Discussion continued. Councilman Allar added that 230 did not sell at the sheriff’s sale, neither did 52 W. Broad. May will be the free and clear, except will have county costs. Attorney Springer said one effective search, there are seventeen properties that are characterized as problems. Sandy I don’t know if you know how to do this, but you can do a title search on those and find out if they are encumbered with a mortgage. A lot of times if they are encumbered through a mortgage, the mortgage company has a default mechanism written into the mortgage. If you don’t keep the property up and it falls into disrepair, its sometimes an effective technique to reach out the the mortgage company and say, by the way this property is encumbered through a mortgage that you hold, is in disrepair and we may have to pay for it. If we have to lien it and pursue sheriff’s sale on it, they lose their interest to subrogate it. So they’ll usually contact the property owner, if you don’t do something, they will say we are going to take your property. It’s a little roundabout way. The secretary said I have never heard of anything positive in dealing with the code enforcement officer and the tax collector in the mortgage company contacts. Attorney Springer said if you want to add these property maintenance costs to the water bills, no guarantee you are going to get paid. The secretary said we did tried one, Mrs. Stokes told me she couldn’t do what we had sent her to do. I wasn’t part of the initial conversation, I sent the copy of the bill and a cover letter to the water authority for the Ali property. I asked Mrs. Stokes to put it in writing. Mr. Malesker said it didn’t come up at the last water authority meeting. Councilman Snyder asked to bring it up at the next meeting as to the status. Councilman Myers asked for a copy of the sent correspondence for Mrs. Myers.

Councilman Snyder said we have one resolution, from Pennsylvania Municipal Retirement System. We would like a resolution on annual basis for the contribution amount. This resolution is 2013-07 retroactive to January 1, 2013 for $180.00 per quarter. Then I’ll do another one up in December 2013. A motion to resolve 2013-07 was made by Councilman Myers. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said so be it resolve.

Councilman Snyder asked if everyone had the opportunity to digest the Yoe Ambulance Agreement? Any concerns? A motion to sign the agreement with Yoe Ambulance by Councilman Noll. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried.

Councilman Noll said we have a lot on Wilson Court, which was purchased, and now has a trailer sitting on it. What is our legal responsibility to the property owner in that, are we weakening our position by allowing them to put a trailer that does not have a building permit and not having land development with us being a MS 4 municipality they have to actually get their land development taken care of before they can apply for a permit, the letter the of law from EAP and DEP? Because they own the property should we allow them to sit a trailer that does not have a permit for? They have set a structure on a property, my fear is, they are going to have to do land development, I haven’t talked to our zoning officer and I wasn’t able to get a hold of him today. Councilman Snyder said evidently these people have applied for a building permit, I don’t know if Dan has issued one yet. All I know is Dan had emailed me, they are in the process of getting a building permit, they have a street cut permit. They are doing everything legal. They wanted the trailer delivered, while they work it around, they don’t have the sewer hook up. I said, I guess a trailer, its going to be moved around, its going to have to be delivered somedays. With permits, we will know if they are doing anything illegal. Its not that they are living there. Giving them permission to deliver. By giving them permission to deliver, did we? Councilman Noll said I just wanted to make sure Dan knows what needs to be done, no permits issued before we enforce our L D as a MS 4 municipality. We need to have a policy, building permits can not be applied for where a LD is potential. By taking that permit in, we are going to be saying, yeah you are going to be fine with the LD. If something happens, its going to be easy to point at the borough, when you guys issue my permit, I thought everything is okay. Puts us in a bad situation, I see it done all the time. Its not a good move. Attorney Springer was in agreement. Any land development is taken to YCPC and any recommendations are sent over here in a final approval. How far are we in that process? Councilman Snyder said I have no idea. Councilman Noll said you would have seen something if it went to YCPC. We don’t know if the requirements have been met. Attorney Springer said the trailer hasn’t been placed permanently. Councilman Snyder said I don’t know what they told Dan. Discussion continued. Councilman Noll said we need a motion that when there is potential land development(LD)that we can not accept a building permit until after the land development plan has been approved and recorded. That goes into MS4 law, that tells us to do as a municipality. I need to talk to Dan, not to issue anything until the land development plan is done and approved. Discussion continued. A motion was made by Councilman Noll that Yoe Borough so moving forward follow our MS 4 obligation, that you do not allow any building permit to be applied for until all land development items are taken care of on a property and that land development is recorded at the York County Courthouse. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried. Attorney Springer said I will reach out to the solicitor for the York County Planning Commission, to make sure that we are on the same page. Tell you guys, ahead of time, regarding a land development/subdivision plan. Get a standard operation procedure for land development. If you are going to develop this, go to the planning commission. All impervious.

Engineer’s Report
Mr. Malesker said I checked with Joiann at YCPC about the CDBG for disaster relief. She checked with DCED and hadn’t heard of anything yet. Wanted an announcement in thirty days, hopefully by next meeting we will know something.

Mr. Malesker said we are coming up on the annual inspection of the dam. A motion was made by Councilman Myers for C.S. Davidson to complete the annual inspection. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. Mr. Malesker said I’ll coordinate with Dana because he was doing some of the maintenance, do the inspection after he does that maintenance.

Mr. Malesker said I did see that Jake sent a plan. He is working with getting some things done with the property that the borough purchased. Councilman Allar said this is the first time I saw the diagram, I am going to meet Jake out there tomorrow. One of the issues, its on the diagram. It talks about a rain garden storage area, between the creek and Springwood Road. Which is also a perspective area for the rail trail. He and I discussed it. We are going to walk the ground. The other issue that I am going to ask him tomorrow is what kind of maintenance issues there are. I think he needs to explain that to us as a council. Mr. Malesker sent Jake the topography in that area. Its between the creek and the road. Councilman Allar said I don’t think it encroaches into the dams. Mr. Malekser said it would be creating 10,000 cubic feet of storage. Storm improvements are planned. Its just a concept. Review it and see if he can move forward. Councilman Allar said he still has things to work on with the township. Councilman Snyder said if its something to credit York Township, we will need an agreement to maintain it. Mr. Malesker said would it address our concerns, rip rap to protect the birm. Councilman Allar said this is much more extensive than what we talked about. Discussion continued. Councilman Noll said we have a consensus of council to explore what Jake is working on. And sign a maintenance agreement. Councilman Allar said we have to find out if its definitely for our benefit. Discussion continued.

Councilman Snyder said I met with a representative from York County Planning concerning the bridge on Boundary Avenue. After discussion with York County, the representative that met with us, and is willing to go to her supervisor to raise the classification of the bridge from D to a C. Which would keep it on the county roles to maintain. They were suppose to get back to us with an official timeline. If they don’t raise it, we have other issues to concern ourselves with, mainly it will kill our rail trail. Mr. Malesker said Heather Bittner has been meeting with the municipalities. They have classified all the county bridges A, B, C and D. A’s are the most critical to the York County transportation network, D’s are not critical and could be closed.

Councilman Snyder said I went to the Regional Chesapeake Bay kick off meeting on September 19, 2013. There is no commitment on the municipality at this time to continue with this. We can opt out up to the time when they sign the actual documents that they are going to fork out. What is at stack as part of the MS 4 permitting, one of the categories that we are going to be judged with, is also going to be this Chesapeake Bay Pollution guideline. We can do this part our ourselves or be part of the county plan. The unfortunate part at this point, there is no costs set up as to how much its going to cost the municipality as part of the county plan. There would be no cost up front, this group would get the plan together, we would just sign the MOU, that plan becomes our defacto plan and meets our criteria here. As you have to show reduction in pollution, you have to build, or do projects. Those projects cost money. The cost of those projects are going to be shared among the participates in this plan. We either do our own project, or piggy back with the county. That plan may not be Yoe Borough, we may paying to fund a project in Jackson Township for example. With talking to our representative of C. S. Davidson, our MS guide, with all the work that Yoe Borough is doing, in Yoe Borough alone, our projects that we have to do, would meet the Chesapeake Bay guidelines, therefore we wouldn’t want to be paying to do our own projects plus paying to do a project lets say up in Jackson Township. The problem is then on an annual basis we would have to our part of these plans which we already are doing with MS 4, he hasn’t worked up any cost figure for that. That was a concern that I had, brought it up to Joiann Galiano. Good point to consider, get credit for what is being done so Yoe Borough has a pollution, like this project that Tom just talked about. If Yoe Borough is doing a project like that and putting monies toward it, that can go towards the $10,000.00 of the project up in Jackson Township, so we wouldn’t have to pay anything. That would be part of the overall plan, at this point there is no plan. We know need, to appoint two people by October 18th and get the info back to YCPC. Then after that, sending them a list of all projects that has been done so far and what is in the works. Between Derek and Jason and Steve, I figured we can get that together. Councilman Noll presented a copy of th4e York County Watershed Implementation Plan for council review and to be placed in Yoe Borough’s MS 4 Notebook for education and reference. The next municipal managers meeting minutes will show that I was at the meeting for credit. Councilman Snyder said my recommendation is to precede with this, until we have to sign a document, we look at the final document. After talking to Joiann, I would hate to compete with the county for the same funding. They get there biggest bang for the buck, in pollution reduction in gabions. We have gabion work here. Maybe one of our projects will get picked. Councilman Myers said if you have policy, Dana has a policy. Councilman Myers asked to be on that. Councilman Noll said he is on the county plan. So Councilman Myers and Noll have volunteered to be representatives. A motion was made by Councilman Allar to appoint Barry Myers and Seth Noll as the two representatives from Yoe Borough for The Chesapeake Pollution Reduction Plan. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said motion carried.

Councilman Allar said everyone knows we are in the planning stage for the rail trail. The planning study needs to be funded, back in January the committee agreed to send a letter to the county to try to get some shale money. Dianne at Red Lion came up with $40,000.00. Here is the letter. If you notice at the end of the first paragraph it talks about the pilot project 3.3 miles from Red Lion to Yoe and some of Dallastown. The project includes trail heads. To develop a master plan, surveys, wetlands, inspection documents. The project benefits all the municipality and the citizens of the borough. That was the starting point. Then more recently, two months ago, the committee was here in this room, Gwen from the York County Authority, Lori from DCNR. Coming from that, Lori sent a memo that said agreed upon next steps. Submit scope of work items for planning studies to Dianne. Then review them and come to the consensus. That evolved into the bullets at the August meeting which went to Dianne. The next trail meeting, September 19th. I go to the meeting, we are going to work on a statement based on DCNR input. Everyone pulled out two documents except me. Started going through the contracts. Dianne sand they were sent to Seth on August 14th. Councilman Noll said I got an email forwarded to me saying I am not sure if you got them or not. I made copies of the contract for a consultant with Buchart Horn and Red Lion. I will call the attention the one for Red Lion, on Page 3 under compensation, it says total lump sum allowed $40,000.00. This contract is Red Lion’s, full amount. The next document is a contract between the consultant and Yoe Borough. In this contract we do see some of our bullets. The description talks about Locust and Yoe Borough. I objected because Locust involves York Township. A new contract needs to be done. The important thing on this contract under compensation it talks about a sum of $17280.00. This is new money this is not part of the $40,000.00. I talked to Carla after the meeting, the part in York Township should come out, I expect the new amount to between ten and twelve thousand dollars. Its still going to require two municipalities going in a different direction. One good thing that came out of the meeting, I brought up about getting the York County Rail Trail Authority involved. It ended if you guys want to talk to the authority, to see if they want to take this over, fine, go to it. I think we should take up, that we want to get the authority involved, and pursue. When we get this estimate in, I think we should do a dual track, go to the county and see if we can get funding for the planning stages. Then we can join the other municipalities for CDBG. We need the CDBG for the match for DCNR. Councilman Strausbaugh said at a grant seminar they were getting 100% funding and they were the size of Yoe. Councilman Allar said I don’t know if we will get any funding unless we go as a group. Councilman Noll said I’ve got some ideas. Discussion continued. Councilman Myers said he believes that thought process was to get the survey work done for Yoe Borough, York Township and Red Lion and the construction documents would only get us to Locust Street. Councilman Noll said there was on MOU on this thing. Dianne considers herself the lead municipality. She has spent the money on her project. She is working on construction documents for York Township, but doesn’t have a MOU on hand. I don’t see how she is paying for things without a MOU in another municipality. I have some things set up over the next month. I have talked to YCPC. I will be meeting later this week with the rail trail group and county planning. And municipal managers meeting next month. Councilman Snyder asked does the agreement meet our needs. Councilman Noll said if we go after our own contract, and define our needs. Discussion continued on funding, consideration of taking over the trail by the Rail Trail Authority. Councilman Myers added the authority doesn’t want it if its done. Councilman Noll said the stuff in this contract is the mission of the authority. Discussion continued.

Maintenance Report
Councilman Myers said everyone has his report.

Councilman Myers said he gave us a rental inspection list. I didn’t look at it. The outstanding rental payments are Rodney Trimmer and Kara Phillips per the borough secretary. Violation letters were sent out in May 2013. Councilman Snyder said if you get back to him, tell him to file violations. Councilman Myers said we have to make sure we have our I’s dotted and t’s crossed. How many inspections have been done this year and are they current asked by Councilman Allar. Councilman Myers said I didn’t have my rental inspection done yet this year. And our neighbor also. Councilman Snyder said find out where he is at. Councilman Myers said I’d rather see a part time person mowing and him doing the rental inspections.

Councilman Myers said he bought crack sealing material a year or so ago. When this gets empty, he would like permission to buy more. Its about $1275.00, its better to buy bulk. It would come out of liquid fuels. The secretary said the last time it came out of general fund. Councilman Myers said I would take it out of liquid fuels. Councilman Snyder said it’s a consensus of council to buy what he needs when he needs it, check with Sandy about financing. Councilman Myers said he should have some help when crack sealing the roads.

Councilman Myers said I want him to get pricing on fixing the fence at the ballfield. Mrs. Myers is out citing people for violations. The grass is high and the fence is broken.

Councilman Myers said no roadwork other than patching. I will handle a meeting with Dallastown by the end of the year so in the spring it should be ready to go out for contract. The project number can be carried over. Councilwoman Coble Tyson said there is a hole in the alley. Mayor Sanford asked that the corner of Orchard and Broad at the curve be looked at. Councilwoman Coble Tyson said what is the state doing about the road coming down to the traffic light, its horrible when its wet and you put on the brakes. Councilman Myers said I’ll have Steve send a letter to PENN DOT, that is a safety concern.

Zoning and Code Officer Reports

Councilman Noll said I’ll pass around the current report. 18.5 hours and it tells you everything, citings and hearing. Councilman Myers said she lost her first case. People are divorced, she was remarried. Our solicitor said you have to cite all parties. They asked for a hearing. She lost due to the divorce thing. Second part of it, its in our ordinance, the house the porch is falling off, they keep paying the fine. Councilman Noll said that is going to change with the property maintenance code we adopted tonight. The secretary will give Mrs. Myers a copy of the ordinance.

Emergency Management Report
Mayor Sanford said there are some items for the circulate file.

Mayor Sanford circulated the emergency action plan for the borough. Everyone signed and accepted their copy. The secretary will get a fully signed page of the emergency action plan for the borough record.

Councilman Snyder said I received a request from Ted Hake of Yoe Ambulance that York County 911 Cad Upgrade is on the way and they needed the borough by September 30th, to indicate if they were going to continued on with the 1st, 2nd and 3rd due station or allow this new system to arbitrarily dispatch for closest in proximity. After talking to Ted about, I agreed to continue on with the 1st, 2nd and 3rd due, mainly you will get into a caveat of problems, we don’t have agreements with other municipalities. I signed off, that Yoe Borough is still using 1st, 2nd and 3rd.

Mayor and Police Report
Mayor Sanford said a lot of activity this month. Highlights, I talked to Ms. Shaw about a parking complaint that has been resolved. I worked with Ken Nischan on the website, I’ll pass this around for review. Some of the highlights if you are interested, would like email for anybody? Links and show your email addresses? I’ll share the borough’s email address. A copy of the minutes need to put on a flash drive to give it to Mr. Nishum. The secretary will handle that. Some other things we talked about is featuring business within the borough. Videos of the park and ballfield. He has the ordinances. We are going to still use as our host. An email address if you want to look at it. There are some links there, give me feed back on what you want to see. Very knowledgeable man, here to help. Goal is to have this up and running before Thanksgiving.

Mayor Sanford reported our service hours went up this month, but our call volume went down. I have a call in to have them look at them. I want to do a detail in the near future. There is an increase of 4.1% increase for next year in the preliminary budget.

Secretary’s Report
The estimated liquid fuels allocation information for 2014 is $18320.27.

Pennsylvania DEP has approved our Act 101 Recycling Program Performance Grant of 2011 in the amount of $888.00 which is 91.3 tons.

Reminder that the November meeting is November 12, 2013.

Halloween and the Witch Watch program is October 31, 2013 from 6PM to 8PM. Please leave your porch light on if you plan to participate.

We will need to do the resolution for the audit in 2013.

Office will be closed October 28, 2013 in place of closing the office on Columbus Day.

Budget workshop is October 21, 2013 at 9AM.

Unfinished Business

There was no unfinished business.

New Business

There was no new business.

Payment of Bills

Councilman Snyder asked if everyone has looked over the bills list. An additional bill is Ecostruction LLC in the amount of $2565.00. A motion was made by Councilman Allar to pay the bills as listed with the additional bill. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said motion carried.


A motion was made by Councilman Strausbaugh to adjourn the meeting at 9:26PM. The motion was seconded by Councilman Snyder. All in favor.

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