Wednesday, October 8, 2008

Yoe Borough September 2, 2008 Minutes

YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on September 2, 2008 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called to order by Council
President Sam Snyder at 7PM with the Pledge of Allegiance.

Council members in attendance: Sam Snyder
Barry Myers
Ron Crull
Tom Allar
Bruce Manns
George Howett
Seth Noll

Others in attendance: Sandy Sterner, Secretary-Treasurer
John Sanford, Mayor
Dana Shearer, Maintenance
Steve Malesker, Engineer
Pete Solymos, Solicitor
Connie Crull, Tax Collector


A motion was made by Councilman Allar to accept the meeting minutes
from August 5, 2008. The motion was seconded by Councilman Crull.
All in favor. Councilman Snyder said minutes accepted.

Engineer’s Report

Councilman Snyder said because we have a stand in for Jason tonight.
We’ll flip flop solicitor and engineer tonight so he doesn’t have to
stand here and wait for that and for us for us to get to our executive
session and stuff.

My name is Steve Malesker, with C. S. Davidson, Jason is on vacation
Engineer’s Report(cont.) Page 2

this week so I’m filling in for him. I did meet with Jason last week
and we did go over all this stuff. I am not 100% up to date on everything
but if you have questions I’ll do my best to answer them, if I can’t
answer them I’ll take the questions with me and give them to Jason
and make sure you do get answers for everybody.

105 E. Mr. Malesker said the first one is the 105 E. Pennsylvania
Penna. Avenue track, there is not update on that.

Yoe Drive Mr. Malesker said no update on Yoe Drive paving.

Dam Mr. Malesker said for the dam dredging, we have the
Dredging Environmental Initiative grant, revised grant is ready
to be submitted. We need to have it signed, we already
have Sam’s signature for that, so that’ll go in tomorrow
then. I know Jason is trying to get a meeting set up
with the Army Corps, DEP, York County, Ecostruction
regarding that project. He had said that the Army Corps,
that their schedule was that they’re not available for
four to six months. They say that sometimes but he’s
working on that to hopefully speed that up quite a bit,
cause that’s too long. So. We’re working through that.

Reidel Mr. Malesker said for the Reidel property I did pass out
Property an exhibit. There is consideration to subdivide that property
at the basin. This is a proposed draft exhibit, Jason forwarded
it to the solicitor. Solicitor Solymos said yes, at the last
regular meeting you recall, when discussing this matter, we
asked Jason to go out on site and analyzing, how much land
is used. He prepared this for that.

PEMA Mr. Malesker said the next project is the PEMA Non
Grant Disaster Mitigation Grant. A copy went to Sam and one
to Tom. It has been determined that the borough may
be available for pre-disaster mitigation funding. So that
is something to look over to see if that’s something you
are interested in. The applications are due by November
Engineer’s Report(cont.) Page 3

21st of this year for that.

Loan Mr. Malesker said an update has been provided for the
Program Local Government Capital Project Loan Program.

Park Mr. Malesker said the Yoe Borough Community Park
Improvements. Preliminary plans have been submitted to

Meeting Mr. Malesker said there is a meeting tonight for the
For Buffer buffer/screenings zoning ordinance amendment. So that
Screenings is going to be presented and recommended for approval
Amendment at the meeting tonight. We should have a decision on that
by next week.
I don’t know if there are any questions on anything? I
briefly went over. If there are specific questions that I
can help on.

On Site Councilman Allar asked about the on site meeting for the
Meeting Growing Greener. Initially Jason had some issues on the
on site meeting keeping in mind for everyone here to
remember, DEP came down and had some issues and
were saying it’s a dredging project. I mentioned to Jason,
having a on site meeting is raising a double edged sword.
Because when they come down, they keep selling/discussing
whatever. Its going to be very difficult for them to ignore
this mountain of dirt in the center of basin one, with trees.
Wetland that is no longer a wetland. The field trip could
have the result, that they come away with that this is
a dredging project. I did make an issue of it because he
felt we should go ahead. The impression I got was that
he would set this up in a couple weeks in August when
we talked earlier. You mentioned that the Army Corps
of Engineers could take up to four to six months. Mr.
Malesker said that’s what they told him. Councilman
Allar said we have some serious time line issues. You
know that York Township project, the upstream stabilization
is up at DEP now pending approval. We trying to make this
Engineer’s Report(cont.) Page 4

into one project. If that gets approved and comes down
to the township, their’s nothing to stop them to keep
moving on while we are still waiting for the field trip.
If we combine those two projects and instead of two
$125,000.00 projects we have one $250,000.00, we might
get everything, we might save some money. If we permit
them under one permit, we might save some money rather
than the township doing a permit and we do a permit or
we have to come into the township permit. Either way its
going to cost engineering money for us. We still would
having savings by combining we would have one mobilization
instead of two mobilizations. The money that we’re trying
to save out of this thing, could pay toward the purchase of
the land out there. Not to mention that the relationship with
the township is not the best. We could probably get them to
into one project now but ask them to wait, until next year.
I don’t know if that’s going to be possible. Then you have,
if you have some sort of decision by DEP, I don’t if
Jason has told you about the county. I’ve met with the
county commissioners, they were going to send a letter
up to DEP. It would be a memo from the planning in
support of it, talks about health and safety issues. The
letter from the county engineer, talking about technical
issues and then it was going to be signed off of by two
county commissioners and then it would be hand carried
by D’Paquasale, the guy from York City, an elected
official who happens to the deputy secretary at DEP.
So by him, hand carrying that letter in, I think we
could get DEP’s attention with the decision then
we could work out a contract out by December. We
have a couple of advantages, its getting cold, contractors
are trying to figure out how they’re going to keep their
work forces available. You can get a better price. Also
six other municipalities committed to this project, they
put money into their 08 budget not their 09 budget. I
have to go around now and talk them into carrying the
money forward. Only we need is one to kick out, and
we’ll have a shortfall. If it’s the township, the township
Engineer’s Report(cont.) Page 5

could say well we are ready to cooperate but we
can’t help it, you are waiting for a field trip and
we’re ready to go. That’s a shortfall. We need
to tighten this up because we’re going to start
losing bits and pieces. Mr. Malesker said it
could be that the Army Corps may make a visit
on their own, maybe not. Councilman Allar
said we talked about this in early August and
we still don’t have a date for a meeting. Councilman
Snyder said what I can give council as far as an
update here. As far as this, I don’t know anything
about the meeting other than I knew Jason was going
to try to get one together. I think maybe where Jason’s
coming from, and again is my take on it, I actually
` contacted him on a separate issue, that had to do with
this because I think the reason he’s trying to get all
these ducks in a row is because without getting DEP
approval we have no project anyways. I then told him,
I said well, and why he needs the Army Corps of
Engineer’s there I don’t know, because I didn’t speak
to him specifically on this on site project. What I did
say was, Jason I want you to think outside the box.
I said the first thing that came to council’s attention
last month, was the possibility of us trying to acquire
this property which is why of course he said about going
out and getting an estimate or appraisal. I said that is
going to take months. That will take months. Number one
we don’t have the money. Number two, where are we
getting the funding for. Number three, let’s assume we
have money today, we have to get the thing subdivided,
go through the process of York Township and just like
any other developer and get it subdivided and get the
land development approved through York Township.
I said so we’re looking at this as being months out
anyways. I said so, I wanted to identify areas of grant
funding, since we’ve been trying for it and waiting for
when we’re going to find out. And at the same time
I said should we be looking at, if this is putting us behind
Engineer’s Report’s (cont.) Page 6

the eight ball what about, forget the land and we never fully
explored what the possibilities are of creating this forebay
inside the dam. Councilman Allar said when we talked about
it last month, it can’t be maintained on the right of way we
have. Councilman Snyder said exactly. But I asked him, but
that question was never asked. What if we got a right of way,
to get in there and maintain it, just for maintenance
purposes. Councilman Allar said that’s one of things I was
going to talk about later on, buying the land is one option but
buying an easement or right of way is another option. Councilman
Snyder said yeah. And that would be much more economical.
It would be a lot easier. I said then, whatever you had designed.
There’s still no design for this forebay. Whatever you, I ‘m just
imaging a horseshoe shaped item outside of the dams. What if
you took that entire design, and put it inside the dam and then
our easement was just get up there and we could get on both
sides and maintain it. I said that way we could still get this
done even next year. I said however, there are benefits of
acquiring land and trying to go outside because that way you
don’t lose capacity and all the benefits associated with that.
So what if we try to look at funding options, to get the land
outside as well as then, what about should we go the next step
and think about, can a design be made for inside if we acquire
an easement to get there. He said yeah, there’s that two pronged
approach, which is where we came up with, the Hazardous
Mitigation Grant and the Local Government Project to Loan
Program. That’s a loan program. I don’t think that’s what I had.
No, Local Municipal Resources and Development Program is
the one that I found. Both of them came be used to, I went over
them with him, and he said both of them could be used to acquire
property. He is correct the deadline for submission on the Hazardous
Mitigation is then November 21st. I believe that’s what you said.
Mr. Malesker said yes. Councilman Snyder said of 08 for the
Hazardous Mitigation. The Local Municipal Resources and
Development Program, he wasn’t aware of, didn’t know too
much about it. I contacted Representative Miller’s office cause
I saw that this was funded through DCED, its administered by
DCED. You apply for it through that single application for
Engineer’s Report(Cont.) Page 7

assistance just like we did for that other grant that we got
through with Mike Waugh. I talked to Representative
Miller and asked, hey is this grant the same as we all know
and remember, the wham money. Because if it was I didn’t
want to waste the time because we already got that money
from Mike. He said yes it is, but it would be different because
that money came from Mike. I told him, the project we had,
I told him what we are looking for, again we haven’t heard
anything as far as money that we are talking about, assuming
that Pete will get into that later. I said what if I said $50,000.00
I just threw that money out. And he said well that would be
a lot, let me talk to Stan. Since the municipalities involved,
in the inter municipal agreement are in Stan’s district as
well as his district, the dams are located now in Stan’s district.
Because Stan’s district goes around Yoe Borough. He said
maybe we could so something jointly. So he said I would
definitely get one submitted, he said the deadlines are the same.
He said the second round cut off, he gave me, is December 19th.
He suggested we apply for it. Councilman Allar said when you
said thinking outside the box, I think we should do all that,
plus the other stuff we’ve talked about. Last month, Jason
mentioned about this Local Government Capital Projects
Loan Program. I think we have a copy of this, LGCPA.
Eligibility, local governments with population of 25 or less.
Fifty percent of the total purchase, up to a max of $50,000.00.
Terms: 2%, repaid in a period not to exceed ten years. This
can be used for dredging, it can be used for engineering planning
and it can be used for the purpose for buying land. And Growing
Greener, any money that comes from the municipalities. This is
a fairly quick job, you don’t wait a year or two years to get a
grant, however the grant, can come off the loan. We don’t know
all the numbers, what they are saying go in for a big number,
kind of like when you go for a grant you’ve got to buy them out.
You think you need $200,000 and they give you a line of credit
for $200,000.00. And then you find a house for a hundred, well
fine you’re already approved. If you find one for 300 then you
have to renegotiate the whole thing. They said go in for a big
amount, if you don’t need it, you don’t need it. You get an
Engineer’s Report(cont.) Page 8

award letter. You don’t have to go into it, if you don’t
want to. But you’re set to go if other things work out,
such as buying the land. So this would give us money
up front, maybe we won’t need it. Jason has to crunch
the numbers. If we make a forebay outside the basin,
we can save money on that. There’s money in that
other Growing Greener grant, which Jake Romig was
doing, also for forebay construction. We don’t know
if we need it. All I’m saying I think it would be smart
to apply for it. We can make a decision later if we’re
going to take it or not. And worse case, if we use
$20,000.00, at 2%, that’s $400.00 a year interest. When
at some point, the grant comes in, we pay it off. It will
definitely help with the timing. I make a motion that
we at least try that. Councilman Myers asked what
program is that? Councilman Allar said this is a
state program, it’s the Local Government Capital
Project Loan Program. Only for small municipalities.
I talked to them and I feel fairly confident that they
would approve it. Land being one of the factors that
they would give us money for. Councilman Noll said
just to recap what was said Tom, if we would apply for
something like this, its no risk to us to apply, we don’t
have to use it if we don’t want to, that the money is there.
Councilman Allar said they will send us an letter, an
award letter is what they call it. Councilman Noll said
its basically a safety net, something we can fall back
on. Councilman Allar said what we do is the processing
time of two three four months I don’t know what the
processing time is, we save that while other things are
working, we’re running to that point. We don’t have to
later down the road when the numbers are clearer, then
add it on the timeline and make even longer. Councilman
Snyder said my only problem with that, would be,
I think council needs to look at, like these DCED grants,
I know that you can not, cause I am very familiar with
them. You can’t make any unauthorized purchases prior
to the award letter being sent out. So if we were to buy
Engineer’s Report(cont.) Page 9

the land and borrow the money. We couldn’t use the
grant money to pay off the loan. My other thinking
would be, again, when I talked to Jason, we can’t
afford any loans. Simple as that. And it even gets
worse when we get into Solicitor’s report, our income
even went down even more. So my thought was, we
never exhausted the possibility of building a forebay
inside the dam, therefore, needing a loan to buy
land outside would be immaterial if one could be
made inside and. I mean I guess, I just want to be
upfront. I don’t have a problem for going with something,
and you never use it, fine. But I just want to be upfront
with everybody right now, so its not a big secret, I would
not be in favor of this municipality going into debt especially
to purchase land down there because we haven’t exhausted
the other possibilities. And especially without knowing what
the grants can give. I don’t have a problem with getting the
paperwork in line but. Councilman Allar said like I said that
can be later but the thing of it is, is we are going to wait
a long time until we hear about the grant. Councilman Snyder
said oh yeah. But the point is, if that’s what it takes, I’m just
being up front, my vote would be, I don’t care if we can get
the land tomorrow, if we can borrow the money. I’m saying
we’re holding off until we have exhausted all our possibilities
because we can’t go into debt. So if it takes two years to find out
it takes two years. That’s why I was telling Jason, if it is a
dire need to get this thing dredged, then lets look at the quicker
alternative, which we have the money for, which is go back,
redesign something for inside the basin because I still want
to get information from Jake. If we’re looking at redesigning
this thing, ten or twelve years out to be self cleaning. Then
having a forebay outside, is no longer a benefit. Make the
forebay inside, we can do that tomorrow, we could put that
on the road tomorrow to put bid outs. Do it tomorrow, build
it inside. Yeah, we lost 10 % capacity, but in twelve years
we are redesigning the thing anyway so at least we got
the thing done now. Councilman Allar said its not that
the engineering is different and the second point is we know
Engineer’s Report(cont.) Page 10

if we buy the land, we can, get the township to condemn it.
I don’t know about know about easements and right of way.
Councilman Snyder said we never even looked into it.
Councilman Allar said is it something that the township will,
say the land owner is not willing to do it, the township would
force them to do it. Solicitor Solymos said its easy to move
condemnation. Its typical condemnation. Except they’re not
going to give us an easement. He can give anyone an easement.
He can give to easement over his land to anyone. It doesn’t
have to have York Township in it. Councilman Allar said I
understand that, if he does not want to do it? Solicitor Solymos
said you can do one of two things, you can condemn the land or
you can condemn a right to use the land. Alright. I think the cost
is identical but you’re getting the same thing. Councilman Allar
said if he does that, if we do that, does that mean we can build
the forebay outside the basin on an easement. Solicitor Solymos
said then the question becomes, an easement is a right to use
somebody’s land. It is not, like an eminent domain taking, where
you own the land now, yourself municipality, you’re asking for
an easement, you’ve got to ask, what do I want. Then they have
to consent or the court has to agree, this is what the purpose of
what the easement is for. Councilman Snyder said and that’s
what I’m saying Tom. Solicitor Solymos said the only easement
we have no choice, is an easement of necessity. When you come
and say I’m land locked. Councilman Snyder said we never went
and even asked that question. He’s willing to give us an easement.
He said, he talked to Pete, he said you can go down there and
do what ever you want to get in there and dredge. So what we would
ask for. Solicitor Solymos said I’m not sure that is quite what he
said, he would cooperate with us, with regards to easement and
access to our forebay. But that’s it. Councilman Allar said he
said the same thing to me but he’s talking about, you’ve got
your basin you can go in and do whatever you want, it is not a
legal easement. That’s just his goodwill saying you can come
on my property. Solicitor Solymos said that’s what’s call
legally a license. A license can be revoked at any time during
an easement. He’s saying you can use my land. An easement I would
want something in writing. I don’t think he’ll give us anything in
Engineer’s Report(cont.) Page 11

writing. Councilman Allar said he’s not going to give us that.
He said what he might do, is the selling of the land. Solicitor
Solymos said again, whether this municipality wants to get
involved with that, that’s a decision here. But especially where
you get. Councilman Snyder said that’s what I’m saying, we
haven’t exhausted all those look sees inside the dam to say
is this practical in there. And we’re just now looking into
grant money. Councilman Noll said I do think its another
tool that we can have, if it doesn’t cost us anything or put us
in any liability state, to look at it. We can look at every option.
We have the option. If we don’t decide to use it okay. Councilman
Snyder said so. Councilman Allar said I’ll make a motion that
we get Jason to get an application in for the loan and we just
put some monster number on it to fill out the paperwork. Councilman
Myers asked you said you have things to talk about in executive
session. Solicitor Solymos said I don’t know that, that has anything
to do with what Tom’s asking now, he just made a motion. Someone’s
got to second it or let it die. There is one other angle, option. The
motion was seconded by Councilman Noll. Councilman Myers asked
what exactly is the motion. Councilman Snyder said to open up this
loan. Councilman Allar said I think we can expand, we have the
PEMA grant, we have the DCED grant. I think you are in favor
of doing those two grants too, right? Councilman Snyder said oh
yeah. I’m personally, the motion was for the loan, cause I want to
vote against it. So we’ll do those two separate. I just got, I know
I’m not going to do it, until this is done. So the motion to apply
for this loan, to fill out the paperwork and we have an undisclosed
amount I guess until Tom crunches numbers. Councilman Allar said
yeah, get together with Jason. All in favor: Councilman Myers,
Councilman Manns, Councilman Crull, Councilman Howett.
Opposed: Councilman Snyder. Councilman Snyder said motion
carries. I’d like another motion then for Jason to apply for the
Emergency Management Hazardous Mitigation Grant and for
the borough to apply for the Local Municipal Resources And
Development Grant. The motion was made by Councilman
Snyder, seconded by Councilman Myers. All in favor. Councilman
Snyder said motion carried. Anything else. Mr. Malesker said
I guess regarding that meeting, I’m not sure who Jason was
Engineer’s Report(cont.) Page 12

told to copy, for authority for or with DEP. We’ll send
them an email tomorrow, if that is going to have to. And
the regarding, you are right if you get a contractor in there,
when its cold, that’s traditionally when they’re not busy,
you would get a better price because you would have
more guys bidding on it. I guess, its, the York Township
grant or their DEP application is already in. You
weren’t looking at piggybacking on that, it would be
two different DEP permits. Councilman Allar said actually
in talking to Jason and Jake Romig, it would be one permit.
Mr. Malesker said it certainly could be, they already have it
applied for so they would have to amend their existing
permit application. Councilman Allar said the project, both
these projects have the county’s growing greener grant, the
county out there. They are literally touching each other.
And Jason and Jake are trying to get DEP to look at this
and try to combine it. Their forebay, and permitting helps,
whether they have it in their application or not. But from
DEP standpoint, they would come down and say, we’re going
to issue one permit for both of you, that’s the way I was
hoping we could do, to set it up. However if they approve
the township one, while ours still up there, whatever,
then its going to require two permits. Or we have to send
out and amend and piggy back on to theirs. But again that
is going to cost more engineering costs. And that’s what
I was trying to avoid. Mr. Malesker said there’s been
permits issued that guarantee a phase one portion and a
phase two type portion. It could still, probably could still
bid both projects at the same time, knowing it would
proceed as phase two of it. Councilman Allar said its
workable but makes it more complicated. It would
be nicer if somehow it was minimized that the township
would be part of the whole thing. Mr. Malesker said
it would be still one contract, it also hard when people
come in and bid on phases without dates. Councilman
Snyder said my comment for the record, is I don’t think
its imperative of when this meeting takes place because
if indeed the municipality waits to see what grant monies
Engineer’s Report(cont.) Page 13

we get, we’re not going to hear for eight months. So either
the municipality is going to borrow money and buy the land
itself at which point which yes we should keep this as one
project or we’re going to have to look at it and say if we
definitely want this land, we’re going to wait and exhaust our
funding capabilities at which point we know that they’re going
to be eight months out. So at that point, if the township is not
willing to hold off on their project, we’re going on the project
on our own. Councilman Allar said, Sam, when we’re talking
about the meeting, if its sooner rather than later, we can still
put this together. If we can get DEP down here, make a decision
this month and lets say the township is ready this month. We’re
in sync with each other. Councilman Snyder said but we’re not
if we’re required to buy the land next month. Councilman
Allar said we don’t know that, we don’t know until Jason
crunches the numbers, we don’t know if we’re required to buy
the land. Again, I don’t want to get into it until the executive
session, but I have an idea what this is going to cost. Councilman
Snyder said okay, I was just voicing my opinion as far that’s
why I didn’t think it was that imperative. I’m just voicing my
opinion as far as why I feel if we’re waiting to see what grant
money is available then we’re not going to know if we have
money to purchase the land at which point we’re not ready to
proceed with the township. Councilman Noll said or if the
township would be ready to proceed with us. Councilman
Allar said if we’re out there, everything will be renegotiated.
That’s why I’m saying, don’t look at what this development
is, I understand, I’m telling you, you might be looking at
work on your foundation. I mean. If we don’t get the loans,
does that mean that the project is dead. I’m talking about
these other grants. Councilman Snyder said that’s what
I mean, Jason has never looked at the possibility of can
this thing be constructed within the land that we currently
own. Councilman Allar said but that was the original.
Councilman Snyder said no he didn’t, he just did a
concept, and when we took that concept out on site,
Jake said, well, why don’t we put it here. And all of
sudden, the thought never went to, what can be designed
Engineer’s Report(cont.) Page 14

inside of the dam that would work. It went to, there are benefits
of having it outside. And I agree there are benefits to having
it outside. Councilman Allar said, what I’m trying to say, that
concept we both looked at, talks about the forebay all the way
across the basin. Tons, tons and tons of earth and rock. Extremely
expensive thing to construct. We’re not going to do that. But
he calculated an estimate, did all the numbers, I know how many
tons of rock, tons of sand to produce that, that was for the forebay
in the center. Whatever forebay we make at this, its going to be
an awful lot cheaper than that. That’s what I’m saying, it
may be best to buy the land. So the meeting is important because
the meeting is just with DEP. That’s why we want it sooner than
later. At least we’ll know where DEP is coming from. Councilman
Snyder said without DEP approval all of this is moog point.
Councilman Allar said I don’t want to wait four to six months for
DEP. Councilman Noll asked why is the Army Corps involved in
this? Councilman Snyder said I didn’t even talk to Jason about.
Mr. Malesker said because it’s a dam. Councilman Noll asked
we have a dam permit? Councilman Snyder said yes. Councilman
Allar said again, a lot of dams that they are building, that the
Army Corps of Engineers is working with, especially wet lands,
I know for a fact, has been delegated to say DEP. Mr. Malesker
said there are certain things such as the GP 11 permit, GP 3, those
types of things, DEP can’t make a determination without contacting
the Army Corps. Councilman Allar said even with the construction
with the basin out there, it’s a paper thing. As far as I know with
the Army Corps of Engineers, they don’t have the people to go
to all these meetings, that’s why they’re talking four to six
months out. Now if it’s a paper thing, then maybe its a lot sooner.
Then we can have a meeting. Councilman Noll said we need
approval on this project because there’s a dam involved without
approval. Councilman Snyder said that’s why we’re trying to get
them out I guess. Mr. Malesker said I think Army Corps wouldn’t
make a site visit anyway. A lot of times they meet if we have

Councilman Snyder asked anything else. Mr. Malesker said there’s
nothing else on here, I don’t know if anyone else has questions.
Engineer’s Report(cont.) Page 15

SR 2007 I know its not listed on here. But Dana was involved with
PENN DOT, PENN DOT proposed to pave SR 2007.
That was originally going to be bid July 31st, it was
suppose to be open. They did postpone that. Although
because now, because of material prices, it is being
bid again, opening is September 11. Work won’t be
done until next year. Dallastown has some work, that
was part of their project also, curb and sidewalk along
N. Pleasant. That’s going to start at North Main in
Dallastown and come all the way through Dallastown,
Broad Street, then Yoe all the through the other side
of the driveway at Giant. Its going to be pave. PENN
DOT is pushing for work for next year. Dallastown
is pulling their work for the project, so they can get
it done. So they will be working on that curb and
sidewalk on North Pleasant, there will be water
line relocation, Columbia Gas is going relocate
their gas line to underneath the sidewalk get it
out from under the street. That is going to be
started in a few weeks. Councilman Noll asked
this is from the municipal line and down through?
Mr. Malesker said this portion will be, what the
borough is doing stops right at Broad Street.
Councilman Noll asked are you sure that Columbia
Gas and the authority does know about the work,
with the pipelines. Mr.Malesker said they are going
to do Broad Street also, they’re going to pay for the
curb and sidewalk where there putting the gas line
on the north side of Broad. Only to, I guess the gas
line doesn’t go all the way to the corner there. They’re
going to take it across, across Deb’s Glass, they’re going
to stop. They’re going to replace all the curb and sidewalk
but the gas line doesn’t going to. They simply do all
the curb and sidewalk. Councilman Noll said my only
point is, have we made sufficient contact to make
sure we get a street pave a year later. Mr. Malesker
said speaking from the Dallastown Yoe Water Authority,
we have, the reason why we are relocating the water line,
Engineer’s Report(cont.) Page 16

and actually there’s going to be thirty seven different
service lines, be connected there too. We had several
leaks in that area, its always been a right service line.
So why we’re putting in all new service lines down
to Broad Street and then after Broad Street, we haven’t
had any issues. So we’re going through all that. As
far as Columbia Gas. Councilman Noll asked should
we be contacting someone and asking that question?
Mr. Malesker said I think that their gas line doesn’t
go down, Columbia Gas is doing an awful lot of
work around here anyway. I think its subsequent,
I think they must have satisfied, because they are
familiar with the project too. They did some work
up there by Yoe Drive. They did a lot of that gas
line. Councilman Myers said we just don’t want
to have a street paved then a couple weeks later,
they come dig it up. Mr. Malesker said they
received notification that they were going to be
doing this project. Dallastown had plans to do
the curb and sidewalk, they had the CDBG
money to do that the next year. So then we
would then be ripping up a brand new street to
do all their work. So look they are letting do
part of their project even though they are
holding it back, so they don’t lose CDBG
project. And PENN DOT is doing a cost share
for those water lines relocation too. Paving
will be done next year. It will be open
September 11th but PENN DOT’s paving
season ends the end of October so it
will give them more time for a contractor
to do it. So they will I guess, at first I didn’t
have any base repairs included with that,
I did talk to the PENN DOT manager and I said
we will have to quite a lot of base repairs depending,
so everything is in the scenario. Councilman Myers said
when you come down this part of the hill, the neighbors
complain that trucks coming down the hill are so loud.
Engineer’s Report(cont.) Page 17

Some time its terrible. Mr. Malesker said I don’t know
if they ever got back to you on what they are going to
do. Mr. Shearer said the day we were at that meeting,
after talking about your project, they came down and
we walked the hill. That’s why they’re using different
grades of petroleum asphalt on the hill. Mr. Malesker
asked are they? Mr. Shearer said 7. 62, 12 millimeter,
superpave asphalt to try to resolve the skid resistance.
Councilman Snyder asked anything else for the engineer?

FEMA Councilman Snyder said I do want to make note, we did
received from FEMA, our preliminary copies of the
digital flood insurance rate maps. They are on the table.
I’m not sure if Jason knew that but let him know that they
did come in, I’m not sure exactly sure what impact that
has on us. If he needs them taken in to him for review. He
may know what all this about thought. Mr. Malesker said
okay. Councilman Noll said these are probably the same
maps with updates. Councilman Snyder said I’m not sure
if its important that anything changed. I know they put in
there the flood, 100 year flood plain and all that kind of
stuff so. I just want to make him aware of that. And that’s
all I had then. Thanks for coming tonight. Mr. Malesker said
you bet.

Solicitor’s Report

Ordinance Solicitor Solymos said first things first, we have advertised
2008-02 for an ordinance. That is at 7:30PM. Its not inappropriate to
advertise something, its inappropriate to start before the
advertised time but not inappropriate to start late. You don’t
deprive any of the public. So you do have the ordinance which
amends the Yoe Borough Zoning Ordinance.

Recess of Regular Meeting at 7:53PM

A motion was made by Councilman Myers to recess the regular
meeting at 7:53PM to open up the public hearing. The motion was seconded
Recess of Regular Meeting at 7:53PM(cont.) Page 18

by Councilman Crull. All in favor. Councilman Snyder said meeting is

Public Hearing for Ordinance 2008-02

Councilman Snyder said the public hearing is now open. Solicitor
Solymos asked what is the number for this ordinance. Councilman
Snyder said 2008-02. Solicitor Solymos said 2008-02 is an ordinance
amending the borough zoning ordinance specifically section 307 of
the ordinance and putting in a brand new 307 which is drafted by
the municipal engineer. I’m sure you all have had copies of that. This
was submitted last month to the York County Planning Commission.
Of course because of the situation there, they meet the same night
we do. You’re going to always have problems with this. They have
not provided us with York County Planning Commission recommendations
as of yet. But we have staff recommendations. You can imagine what
their recommendations are, be that as it may, we have advertised the
ordinance, Jason has provided me with a copy of the most recent
updates as of August 28. Those were submitted with the advertisement
to the newspaper and the York Legal Record. So they are there for anyone
to review. Since we don’t have a report, it would be my suggestion that we
table any action on this ordinance until our next regularly scheduled meeting. So that all members and borough council will have the opportunity
to review the comments of York County Planning Commission and take those comments into consideration. Councilman Allar said we don’t need
to ask Jason? Solicitor Solymos said unless Jason feels there is a need to
add or change anything of this letter of the 28th, no we don’t need to do
that. Councilman Snyder said just two minor corrections for Pete. This
ordinance also amends section 607.4 and section 626.4, the zoning ordinance. Requiring a certain criteria of distances between multi family
dwelling groups and cluster developments. Solicitor Solymos said thank
you for adding those amendments and making that part of the record. And
the record should reflect that there were no interested citizens here tonight,
appearing here tonight so there was no comment one way or the other about
the ordinance. We need a motion to table it until our next regularly scheduled meeting. Councilman Snyder asked you mean the hearing itselt?
Solicitor Solymos said to table this hearing yes. Councilman Snyder said

Public Hearing for Ordinance 2008-02(cont.) Page 19

until next month’s meeting and we’ll reopen the hearing. A motion was made by Councilman Howett to recess the hearing for ordinance 2008-02
until the next regularly scheduled meeting. The motion was seconded by
Councilman Allar. All in favor. Councilman Snyder said this meeting is hereby recessed until the next meeting to be held on October 7th and this
hearing will commence at 7:30PM at that meeting. Hearing is in recess.

Opening of the regular meeting at 7:56PM

Councilman Snyder said I’d like to open the regular meeting at 7:56PM.

Solicitor’s Report(cont.)

Solicitor Solymos said there are three things that I can discuss before I
recommend we go into executive session.

Property Solicitor Solymos said number one, we have a property
in the borough, that I sent a letter out on in regard to
weeds. I have never heard a response with regards to
the weeds that we have been cutting.

Converted Solicitor Solymos said since our last meeting, it has
come to the attention of the zoning officer, and the
borough that this property may have been converted
in 1998 from a single family to a multi family dwelling
unit without securing any permits whatsoever. There
are two units in there now, separately metered and so
forth. We got a report from our zoning officer to this
affect. And we also got a letter from the Sewer Authority,
saying whoa, wait a minute, if there are two units in there
they owe us, back sewer for ten years. Whether its been
ten years or what contractual for, is open to debate.
However I think its pretty clear that this has been converted.
Your zoning officer sent me a note and basically asked me
to bring it to you folks tonight to see if what action if any
you want to take and get back to him. I sense, maybe I’m
wrong someone can correct me, that Dan wasn’t bent out of
shape about the fact that its been converted. As much as he
Solicitor’s Report(cont.) Page 20

was as it was converted without securing the appropriate
permits. Conversion would have been allowed but there would
have been code inspections and so forth, there would have been
fees to be paid and so forth. So I think we need to get back to
Dan and say have we bought this and if we have bought it, do
we require them to come in and get the appropriate permit and
pay the appropriate fees. And then let the sewer authority
proceed on how they would want to proceed. The sewer
authority basically has said that I talked to Mike Craley today
on this, that was really up to you, all we want to do is put
them on notice, if you guys are not going to adjoin them and
force them to go back to a single unit that we want to put
them on notice that we want to get paid for two EDU’s going
back to 1998. An additional EDU would be available. So that’s not a problem. I think what I’m reading and hearing is that
other officials who are party, the fact of the thing that they
converted, wasn’t the nicest thing, that wasn’t the most
troubling. It’s the fact that this should be brought up to codes.
There are code standards that have to be done before this
property is sold. I reported to you, I believe, I might have
just told Sam this, when we reviewed this matter on the weed
aspect of it, this property had been owned but Mr. Tweedy.
It was in fact, purchased by the bank in foreclosure, the bank
in fact owns it and it is up for sale and its being marketed by
the bank. My personal opinion I think we should put them on
notice to get their permits. Get this thing in order, pay the
appropriate fees or tell them that you can let them. I think the
first thing to do is authorize me to send them the appropriate
letter and we’ll see what response if any that we get.
Councilman Noll asked and no inspections have occurred there
either? Councilman Snyder said as far as we knew it was a
single family house so no. Basically I think to try to go back
and get all these fees, we’re going to spend good money to get
a little bit of nothing. And we’re going to have a hard time
proving that anyone living there, and it was rented out. I think
I concur with Pete. We just sent them put them on notice, that
as far as we are concerned it’s a single family home and if they
want to convert it to a two family unit. Secure the appropriate
Solicitor’s Report(cont.) Page 21

permit. I mean the only issue that Dan really had was
it would have to come up to code, secure the proper
EDU’s and I think he had a parking issue. They would
have to show on site parking. Mayor Sanford said
he says here that Tweedy owned it since 12/29/98.
Councilman Snyder said which interestingly is when
Met Ed put in the second meter. Its hard to say. Solicitor
Solymos said and you said that the neighbors said that
just the Tweedys lived there. Councilman Snyder said
and who knows maybe Tweedy and his wife had an
understanding that you live on your side of the house
and I live on my side. I mean one doesn’t know. Solicitor
Solymos said or they just wanted two kitchens. Councilman
Snyder said we honestly don’t know the circumstances.
From what I gathered, Mr. Tweedy died, left no survivors.
So its like, that’s why it went sheriffed and wounded up
in foreclosure, so who would we go back on anyways.
I think we should put them on notice, if you want a two
family secure the proper permits. A motion was made
Councilman Noll to have Solicitor Solymos to send out
a letter and put the bank or current owner on notice, and
if they want to have a two unit dwelling to secure permits
for such. The motion was seconded by Councilman
Allar. All in favor. Councilman Snyder said motion

Water Councilman Myers asked Solicitor Solymos, this is obviously
Shut Off the Sewer Authority, the water was shut off, as long as they
are hooked up to the sewer, they would be getting a bill?
? Bill Solicitor Solymos said I would think so, if you are the owner
of the property but you don’t live there you are going to still
get a sewer/garbage bill. Councilman Myers said even if
there is no one there, there’s nothing that we can do to say
okay we’re going to pull your sewer permit. Solicitor
Solymos said that’s not up to us, we don’t have the ability to
do that, only the authority. Councilman Myers asked but do
they have the ability to do something like that? Solicitor
Solymos said I have no idea. But the bottom line is that
Solicitor’s Report(cont.) Page 22

have an EDU that yes they could. Councilman Myers asked
what about the trash pick up? Solicitor Solymos said the same,
but that would be our responsibility. Councilman Noll said
depending on the sewer authority, there is a base line fee for
their services. Councilman Myers said if you’re looking at
some of these past bills, like 39 E. Penna. Avenue, that’s been
from 06 until 7/31/08, it just doesn’t quite make sense to me.
I guess its up to the sewer authority. Councilman Noll said
that’s the most difficult part because they turned the water
off, sometimes the municipality has the authority to turn
the sewer on. Councilman Myers said you have to have
the water to run the sewer.

Alert Solicitor Solymos said another issue involving the sewer
from authority that was discussed with Mr. Craley. He wanted
Sewer to alert the borough to the fact that one of the their customers
Alert in the borough’s line was leaking. And they put this person
on notice of repair. Took a great deal of time for them to
start the process for repair, they finally got Fitz and Smith
in to do the work/ Apparently Fitz and Smith told them that
in order to do the repair, they’d have to take a tree out and
apparently this is subsidision on the authority’s part, the people
don’t want to remove the tree so nothing’s been done and the
authority wants to go after them. Mr. Craley said obviously
you as the municipality, is the one that moves. Solcitor
Solymos said since I know the history and the background,
is the borough going to have a problem with me acting on
behalf of the borough to see if anything happens to it.
And I said considering the background, we’ll discuss
that more in executive session. You might as well file
an action. Mayor Sanford said the tree is going down, just
the trunk is there, they’re working on it. Solicitor Solymos
said I should just call Mike back and tell him, its my
understanding they’re making the repairs. Councilman
Snyder said at least cut the tree down.

Sewer Councilman Snyder said while we are talking about sewer
Issue issues and Solicitor. I will bring one item up under solicitor’s
Solicitor’s Report(cont.) Page 23

report and let Pete know and the next time you have a talk
with Mike Craley. I don’t know what the borough wants to
do other than keep abreast of this. I was informed by
my neighbor, as a matter of fact, that’s how this person
was found about having a leak in the lateral. The sewer
authority is having work done on our sewer main, putting
in an expandable pipe. Basically they bypass the sewer
lateral put in this flex pipe, expand it out, and that’s much
cheaper than replacing the whole new lateral. You may have
saw commercials for, I think its called like easy flow,
something like that. But evidently its just as strong as
the concrete pipe in durability and much cheaper in the long
run cause you don’t have to dig up everything to get to
them. The way they found this leak in the sewer lateral was
York Township came down through, I guess under auspices
of the sewer authority, took cameras to everybody’s lateral
that was connecting in and where they want to put this. And
they documented where everyone’s lateral was coming in
to the sewer main. Marking down x amount of feet to this
house, x amount of feet to this house. That’s how they
found the property up on Main Street, that Pete was discussing
that needed the repair at their lateral, from leaking coming
into the sewer main. As it turns out, I received a phone call
from my neighbor last week. That lack of a better term,
sewage had backed up into the house sort of explosion of
sorts. Stinky mess. Of course it was after hours. They noticed
that their sewer was slow ever since the sewer lateral was
worked on and now the pipe just sort of exploded in the
house. They came to me. I said well glad you came to me
after hours, not a whole lot I can do after hours. So I directed
them to leave a message with Dana, I of course contacted him
first thing in the morning. And they contacted, I’m not sure
who he contacted. But anyway it turns out, they never cut
a whole for the sewer lateral in this pipe hence the back up.
So they were at fault. Now where litigation is going to go
in this, who only knows. But one thing I am concerned about
being a municipality, and being responsible for the sewer
lateral, for the last two weeks that sewage has been going
Solicitor’s Report(cont.) Page 24

somewhere. If this caused a problem in our sewer main
I don’t know. But they now corrected, they now cut a
whole for this individual later, its at 171 S. Main. They
not cut a whole for this lateral, my only concern is,
whether they have individual issues with this homeowner
you know what damage is done to their sewer lateral.
They need to work out with this contractor. But I’m
concerned with as council, what damage what possible
damage did this cause to our sewer main. Because the
sewage had to be going somewhere. More than likely,
I don’t know if it could force its way into this new
pipe that they put in, and our old pipe. I don’t know.
I think we need to do whatever. When you talk to
Mike, let him know about this. We want our position
covered because again, this baby is coming back to
us real soon. So council needs to be involved. Solicitor
Solymos said and be aware that this is one of the exceptions
the municipalities torts claim law. Maintenance of municipal
facilities. Councilman Snyder said and as a lease back
authority, guess who the bottom. Solicitor Solymos said
what I would recommend that you notify your carrier
of any threatened potential and actual litigation and
notifying them immediately. Councilman Crull said
I think it went down hill pretty long ago, when that
water gets running. Councilman Snyder said what I
also want to know is our main wasn’t compromised
at all. Councilman Noll said I’m not familiar with the
system but did they run it inside the existing lateral
and expand it. Councilman Snyder said uh huh. Councilman
Noll said so what, when it expands it breaks the old
lateral. Councilman Snyder said I don’t know if it
does or not. Mr. Shearer said I think this, where. Councilman
Noll said it acted like a sleeve for the old lateral. Mr. Shearer
said yes, the one that breaks is cast iron pipe or something,
this is just a slip line. They just put a liner inside the main.
Mayor Sanford asked can we camera the lateral? Councilman
Noll said you’ve got to camera the lateral coming down
from the house to check but the other thing is you may
Solicitor’s Report(cont.) Page 25

need to dig that up because you probably have municipal
waste that’s in between the sleeve and the pipe. And you
also might have municipal waste depending if they
had a crack in expandable slip line, you may have
municipal waste in their front yard. Councilman Snyder
said its really weird, I thought I smelled you know
what, but the guy up at the corner, the one that we
were having trouble with the driveway, he was tearing
down a deck that was rotted. I figured it was just
decaying leaves and wood from what he was tearing
down there. But it smelled really bad. Councilman Noll
said well if they had the old mushroom cap, you could
smell it that it was backing it up. I don’t think it
vented if it exploded in the house. Usually they vent
for it. Councilman Snyder said put it this way, I know there at least had to be, municipal waste in the ground
level, because the porch built out in front of the house
and she said she had brown water flow from the closed
in front window coming down the wall. The only
thing on the other side of that window is dirt, so there’s.
Councilman Noll said that whole yard is full of
municipal waste. Councilman Myers said that’s what
it sounds like. Councilman Snyder said so I guess
the question is, I mean they’re a lease back authority,
we have our responsibility, so do we put them on notice,
keep us appraised, or let them know what our concerns.
Who takes the reins in this Pete? Solicitor Solymos
said I think we have to take the reins in this and also
put them on notice of our concerns. It should come
under municipal letter head I’ll help you draft it,
I’ll talk to Mike about, or find out what the authority
knows about it. Councilman Snyder said with them
only meeting quarterly. The secretary said they meet
next Thursday. Councilman Snyder said he probably
doesn’t even know yet. I know Dennis Sarpen knows
about it. Who else did you say? Mr. Shearer said I
talked to Mark Clark. The secretary said he works
for Dennis. Mr. Shearer said he is the field guy with
Solicitor’s Report(cont.) Page 26

Holley, he’s the one comes out. Councilman Snyder said
so at least the sewer authority engineer knows about it.
Who would we be putting on notice, the engineer for
the sewer authority? Solicitor Solymos said I would be
notifying the authority, letting them decide. I think we
should leave the carrier know regardless. Councilman
Noll said I think you have to go to the sewer authority
and the sewer authority goes to the contractor, cause
they’re the ones that caused the problem. Mayor
Sanford asked the burden of proving that it is a clear
line. Solicitor Solymos said yeah, they would have
to prove what happened and why it happened. But I
don’t think that it would be that difficult in that
circumstances that the authority to come up with
the unusable or to look to someone else who is
responsible, their contractor. To show that we’re
moving in the right direction. I’ll talk to Mike
tomorrow. Councilman Snyder said once you talk
to him, get to me, see if you can draft something that
you feel would appropriate to put on borough
letterhead. Solicitor Solymos asked what is the
address? Councilman Snyder said 171 S. Main.
Councilman Allar said when you talk to Mike,
you would want to make sure about the contractor’s
insurance. Councilman Snyder said my main concern
was for two weeks that sewage was going somewhere.
It just didn’t back up in a day. Specially when I come
to find out there was no hole cut. It was backing up and
leaking somewhere. Whether it was just leaking through
the joints, their sewer lateral, I don’t know. My worse
fear was that it was pushing its way into our main, cracked
our pipe and was getting in between there. We have a
compromised sewer main. Councilman Allar said this may
be complicated, should be able to go back on the contractor.
Solicitor Solymos said sure. They had them post the
appropriate bond. Councilman Noll said the big thing is
that you have to lay out to the contractor exactly what
what you want checked or resolved. Councilman Snyder
Solicitor’s Report(cont.) Page 27

said that’s what I said I mean, he mentioned making
sure the surrounding ground area is free of containments,
the sewer lateral is not cracked. We do have a MS 4 ordinance
that talks about containmenation. Solicitor Solymos said I’ll
talk to Mike and put him on notice. He will talk to them on
Thursday I guess. Suggest that they notify their carrier also.
You notify ours. Put their contractor on notice and maybe
provide us a copy of the contract with their contractor
so we know and the bond.

Notification Solicitor Solymos said the next item is we received a
from notice, its called a petition of special relief from Comcast.
Comcast Directed at 23 franchises in the Central Pennsylvania
area. To make a long story short, Comcast is before the
Federal Communication Commission requesting under
various provisions of federal regulations, that they
be free from paying any franchise fees. Because of the
competition that they needed. With regard to Yoe and
many other municipalities, that is based on the fact that
one, this is not an exclusive franchise here. Number two,
that there are least two other companies that own and
do provide service in Yoe. And that the service amounts
to 15% of the service to homes in the area. Well we don’t know if its 15% or not. They have an unique method of
doing the 15% evaluation and that is done by area codes.
Frankly I just looked at the petition when you were talking
about other engineering issues. So I haven’t had a chance
to digest it. Sam alerted me to this, this afternoon. I’m sure
Comcast knows what they’re doing. It is my suggestion to
Sam, that we try to coordinate with some of the solicitors
of the other municipalities to see what can be done. Because
I guarantee that there may be only one other lawyer that has
been in front of the Federal Communications Commission.
That knows anything about Federal Communication law.
Other that they are located in 37 CFR, which I found out.
CFR is the code of federal regulation. We out to see
if we want to challenge it or to look into whether there is
a possibility of a challenge. Obviously a concern to the
Solicitor’s Report(cont.) Page 28

municipality is that this is a significant chunk of change
that could be lost to the community. We are not alone.
Councilman Allar said is this York County municipalities?
Councilman Snyder said some of them are Adams.
Solicitor Solymos said York and Adams counties, let me
give you, there’s a bunch in Luzerne and Bucks and so
forth. The York County ones. Councilman Allar said Sam,
there probably here in Pennsylvania. Solicitor Solymos
said they’re doing it all over the country. Councilman Allar
said you might want to put in a call to the boroughs association.
Councilman Snyder said I tried, she wasn’t in today. Solicitor
Solymos said we don’t have to go all over this but its Dover
Township, Manchester Township, Hamilton Township( on the
line there are Cross Keys), then there is Manchester Borough,
Mount Pleasant Township(that’s Littlestown), Chanceford
Township, Dallastown Borough, Germany Township, Jackson
Township, Wrightsville, McSherrystown, North York Borough,
Red Lion Borough, Windsor Borough, Yoe Borough, York
Have Borough, Yorkanna Borough, Newberry Township,
Paradise Township, Spring Garden Township, West York
Borough, the City of York. I think getting some information
from the borough’s association and finding out what they
are going to do. Can you imagine what the franchise fee is
for the City of York, Spring Garden Township. Councilman
Myers asked isn’t that going to go away eventually in a couple
years. I thought that was going away. Solicitor Solymos said
there was something with Verizon, I’m not sure. Councilman
Snyder said no there was talk about doing it on the state level,
franchising on the state level, the state would get the franchise
fee. Councilman Myers said oh, okay. Councilman Snyder said
that didn’t pass, so there regulated back to individual
municipalities. Solicitor Solymos said the bottom line is,
I think what has to be done, and that may be done by some
representative from the borough making a few phone calls
to the powers that be and if you look on this document, which
I chicken scratched I apologize. Councilman Snyder said I
copied over the important stuff. Solicitor Solymos said the
contact people, the mayors, chairman of city council and so
Solicitor’s Report(cont.) Page 29

forth, all, their phone numbers and addresses are all
there. I certainly think that someone should be talking
to Dallastown, Red Lion maybe Spring Garden, to make
a determination as to what they’re going to do about it.
Whatever gets your through. This is something done
routinely by $600.00 an hour lawyers in Washington
D. C. And there quoting decisions out of Missouri,
Indiana, Texas. Just referencing how this is allowed,
how this is done, and how it happened. I think you’ll
find it fascinating reading. Anyway. Councilman
Noll said essentially what they’re saying, they don’t want franchise fees anyway. They want them to go
away. Is that the bottom line? Solicitor Solymos said
well. Councilman Snyder said well that, it also takes
away, what they’re asking for is this, determination of
effective competition. Which means they’re no longer
subject to rate restrictions as well. Whereas in Hellam,
they are subject to only charging so much in rates. If
they get a determination in this municipality that there
is effective competition, they’re no longer subject to
those rates. So instead of paying $60.00, if they want
to charge $75.00 they can. They’re not longer subject to
any rate cap. Likewise, from what I was reading, because
I was trying to do a little paralegal work for Pete, what
I was trying and they’re doing this throughout different
states. But they’re only getting certain municipalities, ones
like ours. The way that they seem to determine this,is based
off a zip code. They can’t get York Township because
York Township is served by four zip codes. So they find
out how many people in that zip code have satellite dishes
which is public information. Then they say, Yoe Borough,
you represent so many % of that zip code. Therefore you
have 11% is what we are calculating in use. In our case,
they’re saying that 21% of our population has satellite
dishes therefore after 15% according to this regulation, they’re
saying its competitive competition, and therefore their not
subject to the franchise. Solicitor Solymos said so you can read
it and follow through with the other municipalities. Councilman
Solicitor’s Report (cont.) Page 30

Allar said I have the ability to meet with some of these
other municipalities. Solicitor Solymos said I see these
ordinances all the time, I see who represents other
municipalities. If you guys don’t mind, I can make a few
quick phone calls. And I can call the solicitor’s office.
Maybe like Spring Garden, larger townships. Councilman
Allar said I’ll call Mike Waugh. Councilman Myers said
start charging for dishes. Councilman Snyder said that
may be another avenue that we have to do. Can we
charge for dishes. Solicitor Solymos said the ultimate
irony Hellam Borough is not on this list, we just met
with them two weeks. We were going after Buttonwood
development because they have a satellite dish for the
whole development and they weren’t hooking up. They
said we are not subject to your ordinances and so forth.
And I said yes you are. And low and behold, I find out
that Comcast bought out, Viking Communications, they
had the dish and cabled the whole place. And they already
had a franchise, so there was nothing the borough could
do. Councilman Myers asked why don’t we put up a dish,
and do it ourselves? Why can’t we sell? Solicitor Solymos
said I don’t know if we have the right to do that. The idea
is a good one. What else do you have?

Resolution Councilman Snyder said we have a resolution. We were
2008-08 notified by York County EMA, that for whatever reason,
we never formally adopted York County Hazardous Mitigation
Plan, they are asking us and some other municipalities to
pass this resolution. You had a copy. Took their form and
plunked in Yoe Borough so I have resolution to adopt the
York County Hazardous Mitigation Plan, Resolution 2008-08.
I would suggest that we get a copy of that. And that is something that has to be done for that one grant that we
are going to be applying for. Have to show, that you have
a hazardous mitigation plan. That’s how I found out about this,
that came part and parcel to hazard mitigation grant information, if you want to apply for it, Yoe Borough we
never got this. A motion to resolve resolution 2008-08 was
Solicitor’s Report (cont.) Page 31

made by Councilman Allar. The motion was seconded
by Councilman Manns. All in favor. Councilman Snyder
said so be it resolved. Councilman Snyder said get that
back to Roy Livergood, via fax.

MOU Councilman Snyder said we also have a new MOU from
from WAY, the Watershed Alliance of York. And basically this
WAY is now being changed that it will be in perpetuity that we
won’t have to go through this once a year. Its an automatic.
They added a section seven which is an automatic renewal
clause on a calendar year basis unless notified in writing.
A motion was made by Councilman Allar to sign the
new MOU with WAY. The motion was seconded by
Councilman Howett. All in favor. Councilman Snyder said
so be it. Do you want to fax a copy of that to, Gary Peacock.
The other guy what works with Jason? Councilman Allar
said Aaron. Councilman Snyder said fax a copy to Aaron, I
think he’s the one that handles it. Fax a copy to Gary Peacock/
Jake Romig.

Todd Councilman Snyder said Sandy had sent out a second notice
Bowser to Mr. Bowser for payment of the invoices for subdivision/
Notice land development. Looking over the plan. The two invoices
totaled $913.60. As of today, we have not received payment
and no notification answer to these invoices. Solicitor Solymos
said my recommendation is to allow me to regretfully contact
Mr. Bowser and to advice him that in fifteen days to receive
payment and if not will take appropriate legal action. That is
up to you. A motion was made by Councilman Crull to follow
Solicitor’s Solymos’s recommendation. The motion was
seconded by Councilman Noll. All in favor. Councilman
Snyder said okay take appropriate action.

Resolution Councilman Allar said one more thing, one more resolution.
2008-09 This has to do with the comp plan. This example came
from Pam of YCPC. It’s pretty standard. Pete and Sam want
to look at it, okay. We’re going to try to go for this grant in
early October. I would recommend we strike the last paragraph.
Solicitor’s Report(cont.) Page 32

And all three of us go over and I need to get back before
we can move onto the next step, we need to have a resolution
in place. Solicitor Solymos asked you are not going to
contribute any resources? Councilman Allar said we’re going to contribute, but that’s still open ended. We don’t
know how much. Solicitor Solymos asked did Mike
go over this? Councilman Allar said no that came from
Pam Shellenberger. Solicitor Solymos said there are
a lot of grammatical errors. I don’t know, who, whereas
the Pennsylvania of Community and Economic Development
I suppose that should be the department. I think its appropriate
that you enter into a joint municipal resolution to get the
project, I think I mentioned it for eight or nine years to get
a comp plan. To dress this resolution up a little would
be appropriate. And I don’t think you should do anything,
that serves the end of this. Councilman Allar said that’s
why I said we can strike the last paragraph. Councilman
Snyder said then do I have motion to have Pete look over
that resolution and have it ready for next month’s meeting.
Councilman Allar said I make a motion, is there anyway
you know what we need, the grammatical errors, you know
what the purpose is. You know legalities, I don’t want to
lose a month that we can work on the grant. Solicitor
Solymos said this what I’m going to suggest. The resolution
is short and sweet. I would like each member of borough
council to have a chance to read it. Certainly and get
back to me. Cause I think the concept is fine. There are
some grammatical errors that need to be cleaned up.
Whereases should be distinctly be broken out. We can.
If you agree on the content, let me know. You can call
me and I’ll draft it and get it back to you. Councilman
Allar said and make a motion. Councilman Snyder said
we can make a motion to resolve it tonight and then.
Councilman Allar said I make a motion that. Councilman
Snyder said it’s a pretty simple resolution, its just a matter
of Pete drafting it the way he feels comfortable with it.
A motion was made by Councilman Myers to resolve
Resolution 2008-09 and for Pete to word that, the way
Solicitor’s Report(cont.) Page 33

he feels comfortable with, so the municipality can
enter into a Municipal Cooperation For Applying
for a DCED Grant. The motion was seconded by
Councilman Howett. All in favor. Councilman
Snyder said so be it resolved.

Executive Session at 8:45PM

A motion was made by Councilman Crull to enter into
executive session at 8:45PM. The motion was seconded by Councilman
Noll. All in favor. Councilman Snyder said meeting is closed.

Reconvening the Regular Council Meeting at 10:04PM

Councilman Snyder said let the record reflect that we need a motion, that
we discussed legal issues concerning the borough.

Go Councilman Snyder said we need a motion for our attorney to
Back go back to our carrier’s attorney as discussed in executive session.
The motion was made by Councilman Noll. The motion was
seconded by Councilman Myers. Those in favor: Councilman
Manns, Councilman Howett, Councilman Snyder. Opposed:
Councilman Allar. Abstained: Councilman Crull.

Con- A motion was made by Councilman Allar for Councilman Allar
tact and Councilman Noll to contact the Reidels concerning options
there for easement/ purchase inquiries on the parcel identified
by the engineer. The motion was seconded by Councilman Noll.
All in favor. Councilman Snyder said motion carried.

Councilman Snyder said there is a consensus of council that Councilman
Noll can look into ICC regulations further.

Maintenance Report

? Mr. Shearer said unless anyone has any questions about the things
that were written.
Maintenance Report(cont.) Page 34

Mr. Shearer said I do have some things that aren’t listed

911 Mr. Shearer said the emergency contact list and Sandy, refresh
my memory, you sent a copy to everyone. The secretary said
yes. Mr. Shearer said if anyone has any changes to the emergency
contact. My recommendation would that we can probably take
Bob off, we have enough people at the top of the list. With all
my phones and all the others we can probably drop Bob off.
We are only going to use him as needed anyways and most of
the time if I’m not available, someone will be around, John.

Red Mr. Shearer said Red Lion has informed us, due to a question
Lion that they had from Dallastown. They are now in the policy of
Policy not loaning out equipment due to liability. About loaning
out equipment, there’s a question of liability. Their carrier
said yes. They’re still working out between municipalities.
Tom called Stew and Connie on how this is all going to
work out. What it boils down to that right now, Red Lion
will be back to picking up our leaves this fall. Because
they pulled back the leaf loader that Dallastown had from
Red Lion, the one that we originally owned by grant.

Lawn Mr. Shearer said I am aware of a lawn mower in the area that
Mow a gentleman is selling, it’s a very nice Cub Cadet model. The
gentleman down the street that has a tractor for sale, Ron Crull.
I’m bringing this up. I just want to make the rest of council
aware that he is selling his mower and if we would consider
this it would be a replacement for the one we have now that
is thirteen years old. Council could look at this as possibly
something we would look at purchasing. This isn’t coming
from Ron, this is coming from me. He is selling, he’s expressed
how this is effected by being a member of council. Councilman
Snyder asked do we have it in the budget to buy one? Councilman
Myers said I thought we did last year, we bought a cinder spreader.
The secretary said I don’t remember. I can check that out for you.
Mr. Shearer said I don’t know if we put it back in . Councilman
Snyder said I’ll tell you what, since we don’t know if we have
it budgeted to get one. Lets see if we have budgeted money for
Maintenance Report(cont.) Page 35

one. At the same time, since I have to talk to Pete on other
issues, I can inquire into the legalities of a sitting council
person selling something to council and see if there is any
conflict of interest there. Personally I don’t have problem
with it. I want to make sure that its okay to even do. Mayor
Sanford said I think there’s a threshold that you can’t go
over. $4,000.00. Mr. Shearer said if you go over $4000.00
requires telephone bids, over $10,000.00 requires written
bids. Mayor Sanford said even if its part of the municipality,
I can’t contract services to the school. Councilman Myers
said I don’t know about a conflict of interest but I know you
can go out. Mayor Sanford said that guy in Wrightsville,
I remember that ordeal from a couple years ago. Councilman
Myers said I agree with what Sam says, just call Pete and
find out. Councilman Snyder said yes he’s gut feeling.
Councilman Myers said I don’t have a problem with buying
it. Councilman Snyder said yeah, I don’t have a problem
with buying it, I hope we can. If anyone takes care of their
equipment I know Ron does. Councilman Crull said I have
one thing I’d like to add here. I always like them to operate
the equipment for 3 to 4 weeks. We’re still in grass cutting
season, this mower is a little heavier than the one we have
out here. I bought the mower the for about half the price
of what a new mower would have cost, a new one is around
$8000.00. I would like him to use it, make sure its what
you want. If its not. I don’t want to do anything illegal.
Councilman Snyder said I want to protect your interest
and everything. We don’t need to be do anything to.
Put it this way, is there a consensus of council, that Dana
at least check it out. Mayor Sanford asked Dana, what
can we get for the one we have now? Mr. Shearer said
probably a couple hundred bucks. I wouldn’t imagine that
would bring a whole lot. I can check the lawn and garden
blue book on it. Councilman Snyder said I’ll tell you
for the record, since we are doing a consensus here, for
insurance issues, we won’t say that Dana is trying it out
for a month, we’ll say Dana is investigating the capabilities
of the machine for the next month to see if it meets his
Maintenance Report(cont.) Page 36

needs. That way he’s not running a piece of equipment that
was on borough property. You’ll be checking. The consensus
of council is that you will be checking out this piece of
equipment to see if it meets your needs. And I’ll check with
Pete on that ethics question. And you said that purchase price
is $3500.00 in case there is a threshold there. And you have
that advertised, how do you have that advertised it currently?
You have it in the newspaper, you have a sign on it sitting
in the front lot. Councilman Crull said both. Mrs. Crull said
it was sitting out at the sale. Councilman Snyder said okay,
he may ask those questions. At that point, we’re no different
than any other consumer, covering all bases here.

Follow ups Councilman Snyder said we haven’t had any follow ups
lately, I just wanted get your assessment on how we
do stand with the property maintenance inspections. Are
we on target, behind schedule? Mr. Shearer said we
are probably behind, now that we are getting into the
fall, we’ll be able to catch back up. We do have a couple
scheduled this month. Councilman Snyder said I was
thinking, I know we really haven’t discussed it at council.
We come to find out when Denny left, he was behind.
If maybe by December timeframe, you just have a break
down sheet for us, to be included with the maintenance
report. This is how many are due, this is where I’m out.
To be totally honest, I don’t know where we are at, and
what we should be doing, what we shouldn’t be doing
I think they’re on a biannual basis.

LTAP Councilman Allar said last week we had the LTAP
Visit people come to visit. John, Barry, Dana and I were
in attendance. I think, for the first meeting, everything
went fine. They were very cooperative. I think they
understood what the situation is on Broad Street. By
the way there as some books out here that you can
look at, if anyone wants a copy. The way it was left,
we can do a certain of tracking. The first step , is
Maintenance Report(cont.) Page 37

doing a count and speed. We don’t have any counters,
but they do. Dana was working on that. Mr. Shearer
said he called me today and I called him back. We will
be using them in the next week or so, the counters.
We will let LTAP know and use that figure to find
a solution. Councilman Snyder asked Dana, was that
meeting called in relationship in to getting back to
Bubb at York County. Mr. Shearer said no, this was
about the gentlemen’s concerns about on W. Broad
Street. I have had messages into Don Bubb and he
has not called me back. I will be sending him a
formal request, in the letter saying we want to have
a meeting. Councilman Snyder said okay, anything
else under maintenance?

Emergency Management Coordinator’s Report

Mayor Sanford said no report.

Mayor and Police Report

WGAL Mayor Sanford said we got the information from WGAL for
review. We’ve done that. I’ve asked Sandy to copy it, keep
a copy for herself and Sam and return it to me.

Church Mayor Sanford said a letter I will put into the circulatory
file. A letter from the church about modern decision

Prevailing Mayor Sanford said a letter from Senator Waugh that echoes
Wage the letter in your file, in regards to prevailing wage.

York Area Regional Police reported the following for July 2008. There
were 30 calls, 73 traffic citations, 2 juvenile arrests. Service hours were
40.75 and administrative hours 32.60. Mayor Sanford said I was part of
the hiring process for the new administrative assistant to replace
Wanda Stibitz. There was young lady hired, she will be named very
soon and the public will be informed. You will be able to meet her
Mayor and Police Report(cont.) Page 38

before the next commissioners meeting on Thursday at York Township
at 6:30PM.

CPR Mayor Sanford said the only other thing is anyone would be interested
in a CPR class,there is one scheduled for September 17th at 7PM down
at Yoe Fire Company. If you want to look over the books before hand.
If you haven’t had it for awhile, I’ll give you a book because there
is a lot of changes.

Rep. Mayor Sanford said there is meeting set up through Ron Miller’s
Miller office, we got a letter about the updates for I 83 detour corridors
Office and how they affect the municipalities. But we would not be
affected, other than residual back up.

Cita- Councilman Noll said on traffic citations, someone is cited with
tions a fine. Does any of that money come back to Yoe Borough?
Mayor Sanford said a quarter of it. Councilman Snyder said
the state gets fifty, the county gets twenty five and we get
twenty five. Councilman Noll said, so the police actually
don’t get anything from it? Councilman Snyder said right,
unless it’s a local ordinance which is why we do what
we do with weight restriction. If they enforce under local
ordinance then we get the whole amount. If they file under
Title 75, then it has to be split up. Anything else under
Mayor and Police Report?

Zoning Officer’s Report

Letters Councilman Snyder said copies of all the letters that
were sent out are in the file. Numerous letters were
sent out for grass and weeds, for accumulation for
trash at 187 was in there.

Notice Councilman Snyder said a couple of notices were
sent out on cleaning out dirt from sewer and water

Zoning Officer’s Report(cont.) Page 39

Contacts Councilman Snyder said there were also some contacts
on zoning permits. And he did issue one, use and
occupancy permit at 92 N. Main Street.

Citations Councilman Snyder said he did drop off citations at
Joann Teyral’s office for 187 and 230 S. Main Street.

Codify Councilman Snyder said he talked to me on codification

Violation Councilman Snyder said more violation issues.

Comp Councilman Snyder said he dropped off comp plan
Plan information per Tom.

Church Councilman Snyder said problem with paperwork for
the church for a zoning permit. Discuss issues about
a shed on church property.

There was 3 administrative hours for Ms. Sowers and 17 zoning officer
hours and 43 miles.

Any to take back to the zoning officer?

Councilman Allar asked was automobiles on W. Water Street mentioned?
Mayor Sanford said up on Church Street. Councilman Snyder said
those were addressed. I wonder if he didn’t do anything with the one
on W. Water, he may have lumped that in with the Dallmyer issue.
Because we weren’t proceeding with Dallmyer. I wonder if he meant.
I brought that up, and then I said we weren’t going to proceed against
Dallmyer. I wonder, I didn’t see that in there either. He may have
thought that we weren’t going to proceed against Dallmyer for that,
I’ve got to check up on that.

Secretary’s Report

Closing The secretary reported that the office will be closed
September 5 and 26th.
Secretary’s Report(cont.) Page 40

Letter The secretary asked I didn’t know if you wanted to discuss
Mncpl. the changes on the municipal service bills. Councilman
Bills Snyder said I didn’t see anything. The secretary said
I will call Jan and tell her it looks good.

DEP Councilman Snyder said we did receive notification from
DEP that have approved our grant for $600.00 for the
Act 101 recycling performance grant.

YCSW Councilman Snyder said we received notice from York
County Solid Waste that now through October 19,
residents and businesses can recycle their outdated
phone books. They will be collecting at the authority’s
recycling center at Blackbridge Road and in the parking
lots at Queensgate Shopping Center, West Manchester
Mall, Saubels Market in Shrewsbury and the Meadowbrook
Village Shopping Center. Only phone books will be accepted.

Volera Councilman Snyder said we received notice from York
County Solid Waste that David Volera has been newly
appointed executive director for the authority.

YCBA Councilman Snyder said we received notice that the York
Quarterly County Boroughs Association will have their quarterly
Meeting meeting scheduled for September 25th at 6PM at Hoss
Steak and Seafood at E. Market Street. Please leave the
secretary know if anyone wants to attend that. Councilman
Allar asked did you get a hold of Doug? Mayor Sanford
said I’ll follow up on that, he should have gotten an

Councilman Snyder asked anything else for secretary?

Unfinished Business

Codify Councilman Snyder said I’ll just bring it up again as
previously discussed, updates that I talked about with
Dan are in the folder for codification.
Unfinished Business(cont.) Page 41

Cameras Councilman Myers asked what is the status of the cameras
at Park at the park, did that guy ever give us a bid? Last time
we talked you were going to call him. Mr. Shearer gave
Mayor Sanford a copy. Mr. Shearer went and made
another copy.

Grants Councilman Noll said last month we talked about the
for Park grants for the park, did you hear about the CDBG
funding? Councilman Snyder said that is going to
be discussed on September 18th, they will discuss
the funding. Usually if the staff makes a recommendation,
its just that right now, I don’t know. We didn’t get
formal notice what the staff recommended.

Formal Councilman Snyder said I will make a formal request
Request since we passed that resolution when we talked about
EMA report. The borough does need a copy of York
County Hazardous Mitigation Plan, for the EMA
director or the assistant director to pursue that since
we passed the resolution. Get a copy of that plan.

Councilman Snyder asked anything else for unfinished

New Business

Fireworks Councilman Allar said Red Lion is asking that we
consider a donation for their fireworks that they
have every year. They are running into some financial
problems. We have some people go over, its one of
the best fireworks around. To keep it going, to
send them $100.00. Councilman Snyder said I would
say in the best interest of community relations, I’m
sure there are Yoe Borough residents, in fact we can
say we encourage residents to go. Mayor Sanford said
we send trucks over. Councilman Myers said we help
Red Lion fire company cover them. A motion was
made by Councilman Allar to donate $100.00 for the
New Business(cont.) Page 42

Red Lion’s fireworks. The motion was seconded by
Councilman Noll. All in favor. Councilman Snyder said
motion carried. Councilman Allar said I will give you
the information.

Tax Councilman Crull said your tax collector will not be
Collector running at the end of the year. We did have one lady
seemed interested in the job. We explained to her that
she will have to go through the proper channels.
When is that paperwork needed to file to run for
office? Councilman Snyder said they haven’t set
the election time yet. But usually they open it
around the second week of February and the petitions
have to be in, they usually give you month. The petitions
have to be in by the second week in April. The exact
dates, they won’t set until next year. And then the election
will be held in the next May time frame. Councilman
Crull said we won’t be here next January or February.
Councilman Snyder said but to let someone know when
to file, that information will be available to us by January
of next year. But usually a time frame is second week
of February to the second week of April. Councilman
Crull said don’t you think we should run a small ad
occasionally to find out, to let people know that, that job
is going to be open. Councilman Snyder said I can already
let the press know that Connie will not be running. Election
in 2009 takes office in 2010. Four year office. So unless
they resign earlier. Councilman Snyder said Councilman
Noll was appointed so you will have to run at the next
municipal election.

Open Councilman Noll said I was at York Township some on
Dialogue some other business for Kinsley and I ran into Elizabeth
Heathcote. She was wondering if some of us would be
willing to meet with her to talk about any issues we may
have. I guess she reads our minutes. She wants to put the
olive branch out and talk to us. I thought it would be a good
New Business(cont.) Page 43

time. I always had a good dialogue with her.
Good time to talk about some things, maybe
we could meet and talk a second and third time
and start talking about some issues. Maybe they’d
be willing to work with us on some issues so.
I wanted to put that out. I am definitely willing to
go. Councilman Snyder said we greatly appreciate
their generous extension of well wishes and hopefully
council will take every advantage of this to open up
dialogue between our two municipalities to generate
a working relationship. Councilman Noll said I’ll
set something up if anyone else. Mayor Sanford
said it will depend on the date and time.

Issues Councilman Noll said I know we have a lot of issues
in front of us, since we don’t have a municipal plan
its multiple years off. Does it make sense for us try to
identify major headings and try to get some lists together.
We talk about E & S measures, we talk about liablities
that this municipality has to face. You talk about them
a lot but there is no action plan for a lot of them. Infra-
structure, I know we have a bridge that isn’t safe. I don’t know if we’re looking for grants. But make those kinds
of things a little more organized. We talked about the trash
and the sewer authority coming at us in a few years. And
I don’t know if anybody’s started thinking of what that
means to us. Is that someone that I can talk about during
business, put together, I don’t know if there are other
plans for any of these big looming issues. I know it all
comes down to budget. We have $64,000.00 and putting
us down in history for taxes. Just concern, just one
lawsuit can just wipe that out. Councilman Allar said
I think, that’s probably a good idea. There are some
serious challenges down the road, especially financial.
Sooner we deal them, the sooner we will have a solution.
And be willing to talk about it. Councilman Snyder
said and I think it would probably be at least good to
have a document in place because and I brought this
New Business(cont.) Page 44

to York County Planning’s attention when we were
discussing this buffering ordinance. We have known
now since UCC came in, that we have to update our
zoning. That costs us money. As we’re attempting to
put in for a grant for this, then two years later all this
other crap comes up and the next thing you know that
is no longer a priority, we now have to do this. Two
years ago I think Barry had it worked out that we
were going to get a grant through York County
liquid fuels to do the bridge. And the next thing you
know that no longer became a priority because
this is the immediate issue. And because of budget,
we only have so much money to work with. Then what
happens is exactly that, that falls off the radar and until
that bridge falls in it doesn’t become our priority anymore.
Councilman Noll said the thing is, I have some things I’d
like to see done. I know you have a ton of issues that
probably none of us do. I just want to get into some
kind of document so people can look at it followed by
a strategic plan. Because it doesn’t feel, at least from the
last year that I’ve been here, we’re fighting fires. I’m just
worried, I want to see the municipality to be here for a long
time. I like the small town atmosphere. Councilman Snyder
said I think it’s a good idea. Councilman Noll said I would
be willing to put down, different things, as far as I see
as major issues. And then add all the things that fall under
that. And type it up. And then say, we’ve got a bridge that
we need to take care of, what will we do. We talked about
some drainage issues. The sewer authority has some.
Councilman Snyder said there’s infrastructure issues that
I know about, that scare me just as much. Councilman
Noll said you bring in things that we don’t see because you
are out walking around the municipality on a daily basis.
Councilman Myers said just like signal light down here,
put incandescent lights in there. I just did my budget for
2009-10 ,electric with PPL and Met Ed. LED lights would
cut our cost in half. Councilman Noll asked how are
we related to the fire company? Is Yoe Borough, a charter.
New Business(cont.) Page 45

Councilman Myers said we have our own charter. We
are an organization to provide fire protection. We are
chartered through the state. You have to provide workmen’s
compensation. Councilman Noll said I was looking at, how
we get money. It comes from taxes, we can get some grants.
Councilman Snyder said unfortunately most of our funding
is through taxes unless we can pick up license fees. Like
Barry said can we charge a fee for satellite dishes. I don’t know. I don’t know where to start to look for that. The only
good thing, was thank God we didn’t include the franchise
fee in our budget. Because that’s not part of our operating
expense, yes its money we’re going to lose, yes we put it
back in that rainy day its not going affect our general budget.
Councilman Noll said I hope we don’t have to have another
tax increase. Councilman Snyder said she is going to be
starting to work on budget. The secretary said I don’t
think you are going to need a tax increase. Councilman
Snyder said if we figured it out right there should be
an extra $10,000.00 into this year. Because what we had
spent. The secretary said we should have more because
of the dam. Councilman Snyder said costs from the Rexroth
case, we not experienced this year. We had to budget for
Jonathan Snyder, and we paid him. We had to show it.
I think we figured out we have an extra $10,000.00.
Unfortunately we have things, like solicitor’s fees, that
throw us off. How much are we going to spend just to
look into this Comcast matter to try, to save $10,000.00
a year. Councilman Noll said those are the things that
I’d like to look at. I know we talk a lot about our solicitor
and engineer, but the dollars are being eaten up. I’d be
willing to look into it. Little things that can cost a lot of
money. Councilman Allar said implementation of things
like the grant for the park. Councilman Noll said that’s
why we need to organize these things. Councilman Snyder
said the issue becomes, what is a borough engineering
issue and what is an engineering issue that we should be
contracting out. Seems like, in Jake’s case,where his
services are free. Councilman Snyder said advertising
New Business(cont.) Page 46

costs are hitting us. One of these bills we have to
add on here is Pete’s bill, $2618.00, a majority
of this is for the ordinance because it had to be
advertised twice. Councilman Myers said eventually
you should be able to do the advertising electronically
because that is highway robbery. Councilman Noll
said I will make some major headings up, to identify
our problems. Councilman Snyder said you can see
where we’re at. When I was in, again with the buffers,
York County Planning when I told them about the
issue up there with zoning. And this was a way to update
our zoning, without having to go the full fledged $20,000.00.
They even told me that, you should be putting in for
that because, guess what,we have a separate little pot for
planning activities. They would fund something like that.
I wasn’t under the impression that if we had one project,
they would fund two projects. That they come from two
separate pots. And they said oh yeah. I didn’t want to
jeopardize the money we were trying to get for the park
and put in for updating our zoning. And they said that
comes from two separate pots. Councilman Noll said
I got the updated grant resources guide. I’m going to
the seminar that they are going to have at the fairgrounds.
Councilman Snyder said that’s the scary part about it,
I had to call Ron about this land purchase program thing.
I heard it was DCED, I was like where’s this pot coming
from. It turns out, its wham money. Anything else
for new business?

Payment of the Bills

Councilman Snyder said I have three additions. The
additions are $1833.55, $2618.00 for Griffith,
Strickler and $44.67 Verizon. A motion was made
by Councilman Myers to pay the bills as listed with
the addition. The motion was seconded by Councilman
Howett. All in favor. Councilman Snyder said bills

Adjournment Page 47

A motion was made by Councilman Crull to adjourn the
meeting at 10:56PM. The motion was seconded by
Councilman Snyder. All in favor.