Monday, May 10, 2010

Yoe Borough Minutes April 6, 2010



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on April 6, 2010 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting

was called to order by Vice President of Council Seth Noll at 7PM followed by the

Pledge of Allegiance.

Council Members in Attendance:

Seth Noll

Tom Allar

Barry Myers

David Naylor

Wendy Coble-Tyson

George Howett

Others in attendance:

Steve Malesker, Engineer Dana Shearer, Maintenance

Stacy Blessing, Newsletter Editor Ted Hake, Yoe Ambulance

Joe Strobeck, Resident

Jamie Rubb, Benchmark Energy Solutions, Inc.


A motion was made by Councilman Allar to accept the minutes as presented for the meeting on March 2, 2010. The motion was seconded by Councilman Howett.

Councilman Noll asked any corrections/changes? None. All those in favor of

approval please say aye. Any opposed? We will then move on.


Councilman Noll said we have two visitors tonight, you want to introduce yourself

to the council.

Stacy Blessing said I am working on the newsletter. First thank you for the nice

article. I’ve got a great turnout from everyone and I’m very happy. In the meantime

our deadline is at the next meeting. I pretty much have everything together that

we need to. Anything after that, I’ll have to get together with Tom. Hopefully have

it printed then. I talked to twenty six people, I’ve got 21 responses of least a $25.00

ad. Some for both newsletters. I just wanted to remind everybody about this newsletter.

I’d like to have everyone on the council including the mayor, just wanted to who

and what you do. Anyone can write an article, I think it just adds a personal account

Visitors(cont.) Page 2

and your care for the community, it might help generate more care in the meantime.

Councilman Noll asked was there any holes that you needed filled for this newsletter,

anything you didn’t receive? Ms. Blessing said just the due date, I got that. Councilman

Allar said I think there was an ordinance you needed. Ms. Blessing said I got that.

Councilman Allar said you thought the mayor was going to be putting in some words

about the police program. Ms. Blessing said he did an entire page. Councilman Noll said

one of the other things that we wanted to talk about were photographs in two ways, one

just the council maybe not for this newsletter but the next one, get a group photo of

the council to put in there. So people who to call for the dead cat calls and stuff. What

do you think about that? Councilman Allar said depends on space.Councilman Noll said

that would probably be for the fall newsletter so. And the other thing is, do we want

to put in pictures who right the articles, are we concerned about that? That was a thought

that Stacy made. What does everybody think about that? Councilman Myers said that

depends on space. Councilman Allar said space and the cost. Councilman Noll said I

know for myself I’m not as worried, if you want who wrote the article that’s probably

enough. Couple council pictures for the next newsletter. Councilman Allar asked about

how many pages? Ms. Blessing said I would say about six. With the ads. Councilman

Allar said would the Codes Administrators as well. Ms. Blessing said I will get more

from Dan. Councilman Allar said I think you people need to know, who they need to

bring in, whether PA Code, when you have to have inspections, I think its still confusing.

Get a better definition on that. I’ll let you know. If you talked you may have some

volunteers to help distribute it. Ms. Blessing said I need to talk more about it. Councilman Allar said if its okay fine, don’t force anything. Ms. Blessing said how

much time would you need. Mr. Shearer said they are here Monday and Wednesday,

its kind of a hit or miss thing, if they actually have people who show up. The downside

of that is, right now, they are reallocating them with all the problems with the county.

So when you have it, we will do what we need to do, to get it out. Councilman Allar

asked will it be out in two days? Mr. Shearer said they should able to cover that.

They have been at it pretty much, they know the general boundaries of the borough.

As far, they may miss some of the apartments, they generally hit everything . The

survey we ran short on that, there were some gaps on that. Councilman Noll said

great. On behalf of Borough Council, this is probably the most successful attempt

that we’ve every had with the newsletter in recent memory. So we thank you so much

for your time and effort. And I think its paying off so. Anybody else? Councilwoman

Coble Tyson asked to get the ad in? Councilman Allar said we want the money to go

to Sandy. Ms. Blessing said make the check to the borough. Councilwoman Coble

Tyson for the business card, do we have an established set amount. Ms. Blessing said

basically its for $25.00. Councilman Allar said Sandy will have a list of who is paid,

so you know what the difference was. Councilman Naylor said do you have anything

lined up for the fall? Ms. Blessing said I’m thinking October/November. Councilman

Naylor said yeah I’m thinking about something for leaf pick up, get some kind of

determination on that. Mr. Shearer said generally you’re looking at the end of

October, so the beginning of October. Councilman Noll asked anything else?

Visitors(cont.) Page 3

Councilman Allar asked do you have the date for the dedication at the park?

Councilman Noll said we still have to arrive at that date as a council because

we had talked about possibly doing something with the fire company, fire

prevention week, but we never went any further than that, because we were just

establishing grass roots, so we have to talk about that. Thank you very much.

Councilman Noll said as far as other visitors, I know that Jamie Rubb is here from

Benchmark, do we have any other visitors?

Joe Strobeck said I didn’t want to interrupt anything, I’ll give it to Tom. I wanted

to stop here today and I didn’t. Councilman Allar said everyone knows Joe.

Councilman Noll asked your name and your address? Joe Strobeck of 224 E.

Fourth Street. Councilman Noll said thank you. Councilman Allar said Joe

had asked me who takes care of the monument there on the corner of Main

and George Street. There is cracks on it. Joe is willing to help out, he

doesn’t know who else to work with. Is it something that the borough does

or the fire company, or some veterans administration, or something? Mr.

Shearer said we own it, we have an easement for it. Councilman Noll said

so the borough actually owns the monument. Mr. Shearer said right. Councilman

Allar said so you said its starting to look kind of bad. Mr. Shearer said there

are things that I’d like to see, but unfortunately I don’t have the free time to do

it. What I would actually like to see, is the center replaced with a bronzed plaque.

Be more of a permanent measure, that glass and the letters inside, have pretty

well had it. It only covers, the First and Second World War and you know, I kind

of like to see, at that time if we could, replace that bronze plaque, update it with

the Korean, the Vietnam War. I know we have veterans from other wars. So.

Mr. Strobeck said that’s why I’m here. Councilman Naylor said any kind of

fundraising we could do, get it in the newsletter until the end of the year. Councilman

Noll said I think if we want this thing to go any more than just talking, we need to have

one or two people that are willing to form some kind of committee to start to investigating, A. what needs to be done and then B. how do we fund it. Mr. Strobeck

said I was thinking of anything we can do to make it look better. That glass is

getting bad. Councilman Noll said we’re lucky it hasn’t been broken with the snow

removal. Councilman Allar said get something to Stacy asking for volunteers or

something. Mr. Strobeck said some ideas. Councilman Allar said then have a little

meeting, then you say, do we have to have a fund raiser, maybe you ought to contact

the Legion. I have a feeling that they have funds to help out with this. Then all you

would need is a little blurb from these guys to contact. Councilman Noll said Tom,

before we get too far ahead of ourselves, these three gentlemen might be willing to meet

together to come up with some ideas that someone that could bring to the next meeting

for us. Councilma Allar said that’s fine I’m just trying to lose the opportunity of the

newsletter that is going to go out, that’s all. Councilman Noll said at this point I wouldn’t know what to put in there, that isn’t, that doesn’t obligated to, that we don’t want to

Visitors(cont.) Page 4

be obligated to. Councilman Allar said I’m just talking about volunteers to fix what’s

down there. Councilman Noll said we can have a call needed and list Sandy’s number,

if you are interested call Sandy and we can organize that. Councilman Allar said I think

we should put one of these guys in there, to call them. Sandy has so many things going

on. Councilman Noll said would one of you be willing to put your names in. Councilman

Allar said once we have volunteers for what we have now, then we know people that may

possibly help us on the next step. We aren’t going there yet. Councilman Noll asked any

other visitors.

Councilman Noll said Jamie is from Benchmark Energy. We talked a little bit about this

at the last council meeting and subsequently there was a meeting up at Dallastown

Borough for multi-municipalities on Benchmark Energy. It is a program that we are

considering as a borough, and has to do with energy usage. I’ll let Jamie go through

the program and answer any questions that you all may have. Mr. Bubb said our energy

program started ten years ago by William Bubb. He started by investing in the program.

He is an investment banker. Came across the program in a state that already deregulated

natural gas that allowed municipalities under IBC regs, to purchase natural gas. He brought it back to Pennsylvania. His partner went to talk to Mayor Reed and the Mayor

of York at the time. And after talking about it, the two decided to be the first to be

part of the program to get together. Then to allow smaller municipalities around the

area to join in the purchase of natural gas. We have many municipalities in Pennsylvania,

in Williamsport, it started all over the place. First thing that happens when you come into

the program, we get two releases signed, one for Columbia Gas and one for Met Ed.

One allow us to go back at least a year and half, two years if possible. We get to audit

those bills. If we find errors in their bills, we will be able to get refund checks for the

municipalities. We’re capture those refunds to get them back. We find a lot of errors

in the billing. We’ve got refund checks up to 7 to 8 thousand dollars and some worth

$110.00. So its immediate benefit of being part of the program. The minute you come

come aboard, there’s the opportunity to do those audits and find capital for the borough

itself. What it does for us, it now allows us to understand, your history at this facility for all your accounts. So now what happens, you become your management company. The

opportunity for us to save you money, we become that arm for you. So your bills will

now come to Benchmark Energy Services. We take all of the bills, we import them into

our files. You have ten electric accounts, you now have one electric bills. You’re not

sending out ten checks. So nice with that. All the bills are audited, they’re correct.

Everything is correct when the bill comes to you. Its an issue because, I go all around

the state and I talk to municipalities, what I get, the staff will call the energy company

and the energy company will say, go ahead and pay the bill. We’ll check it and audit

here. Then credit you. They are able to do that, but you can demand that they rebill

that properly. If your staff is able to get someone, that’s what they are told. We have

representatives at Columbia, at Met Ed, at PP & L, at UGI that there to pick up calls

because we have such a large municipal program. So we don’t allow for mistakes to

go through, we check everything. After we get the bills audited, we have the history

when moving forward, if things arrive, say there is a spike in your electric bill.

Visitors(cont.) Page 5

We’re going to be on the phone with your staff, we’re going to say is there viable reason

why there was a spike in your electric. If not, we are going to dig into it and find out

why. So we continue the audit the bill. The front of the bill, the bill will be broken down

by all your different locations, how many accounts that will be under those funds. The

second page will be the break down of each one of those locations. So everything that

you see on the Met Ed or Columbia Gas bill, you’ll see on our bill. We keep all the

original bills so that at any time if you want to check up on us, we have bills that come

directly from Met Ed and Columbia Gas, you call. We keep them in a box. At the

end of year, you get a Christmas present from us because, your auditing company

may come in and ask, and audit them as well. We send them back to you so you have

them for your taxes. Part of auditing is, if Met Ed comes to you, or Columbia comes

to you and wants to sit down to discuss what you are doing in your municipality, you

call us. Bill will come in from Pittsburgh, I will come down from Harrisburg. We’ll sit

down on your side of the table with you and discuss it. We do this for all our municipalities. We have a special program, where if you do go for the shut down,

we discuss the proper program for you, the proper program for them. Looking forward

of which I hope you are interested in. We are at the highest purchasing program. There is only one other purchasing program that is higher than our purchasing power and its in

Pittsburgh. They have 110 to 115 municipalities. But when we go to market, we are

purchasing at the best price. Over the last ten year’s savings for municipalities 13.6 % to

16.8 %, that is net savings. With our PPL territory, after the increase of the PPL deregulation, it went up about 32 to 35 %, we were able to cut that in half, and they got

15% savings on our purchase of electric generation for our PPL members. Looking forward, our purchasing power under this broader Met Ed customers, it doesn’t matter

if its Met Ed or PPL we are buying electricity for everyone, we are all in the same group

here. So when we go to market for natural gas, we have a few different vendors. The thing that makes us different, but its not going to be, I don’t know if had companies that

have been calling you yet. It is more than just a bulk purchase, bulk purchases are great if you are a municipality that knows exactly what they are paying. If that’s the case here,

then we’re not the program for you. We are in the business to save money, and continue

to save money. We are going to be working with one generator, we are going to dictate

what you pay, and you still only be your own municipality. What we’ve done is got

together with seven different generators in the United States as far away as Texas

and we tell them how many numbers you have, understand who they are bidding against,

and we set up an auction. We let them know, all these other people, we give them all

the information, and they bid. That is how we had the purchase in the PPL territory.

I tell you how we get our true value. A bulk purchase is very good, like I said before.

Its also very good for the people that you sign that contract with because is usually

an estimator in the bulk purchase which is taken this year and the next year. They know

exactly what they are getting paid for those years because they locked in the price. What

our program, because it was written by a municipality, built by a municipality, if we

don’t save you money, we don’t make money. So if deregulation, causes competition,

and these other generators start to come in here and sell electricity, the price of

Visitors(cont.) Page 6

electricity is going to go down because they is so much competition going on. So

if you lock in just like a lot of the other municipalities, just like a lot of you guys

with liquid fuels. Locked in nine ten dollars, then price of the fuel fell, but they

were locked in to that bulk purchase and it fell like two dollars. It is scary for

our firm to think that the bulk purchase is the way to go. We continue to purchase

natural gas by the variables, we watch the commodities. How do we get paid.

Whatever you would have paid to PPL, the price at that time, whatever we save

off of that current price, is 70/30 split. So 70% of the savings that we find with

our purchasing, goes to the municipality, 30% of the savings is absorb by us.

Anything that we find during our audit is the same way. 70% of whatever we

find comes back to the municipality, 30% is absorb by our firm. It’s a performance

contract, you have to continue to save, you have to continue to buy, but we don’t get paid. In a bulk purchase it doesn’t matter where the market goes, that price is still

going to be paid because you are locked in. If the price of electric goes down in

Pennsylvania, we need to buy the next quarter when we they give us the opportunity

to buy it. Its an exciting time in Pennsylvania for our firm. Of course its what we do.

But its an exciting time for everybody especially municipalities, because you’re going

to be able to save money. Our management contract states that Benchmark Energy

Solutions doesn’t provide the service savings that they said, write us a letter you have

thirty days to adjust to the original, at that time if you are not happy with, just end

the program. We will just walk away. And also you talk about a rate cut and things of

that nature, we are now working a system that would allow residents to go onto a

website and get in the program as well. It will up and running for Met Ed’s territory

when it deregulates, if you decide to go with it. Non profits, and churches, businesses

can apply too. It doesn’t matter if you are Harrisburg city or down where I grew up,

they don’t see that. It’s a good program. You do have municipalities all over. Many

municipalities that are in the process of going through us. Believe me, we’re not just

going to give you a call and have you sign a contract, and say see you in two years, we’re

going to be in constant contact with you, let you know, at least once a month. Other

thing is, to make ourselves transparent, what we done we don’t hold money, we send

you a bill, with the local entity, this facility, you write a check to Benchmark Energy

Solutions. You deposit it into M & T Bank, you go online request that it be paid directly

to the energy companies. M & T Bank has a program like ours in Philadelphia, it has

over two hundred municipalities on board. This is the way we stay transparent. It’s a good program. I’ll let you some of our presentation material and you can also go onto

our website at I put some information, and copy of

Upper Allen’s resolution. Councilman Noll said we do have representatives from our

Fire Company and Ambulance Club, to let you know, that is why we invited you especially. There is opportunity for none profits as well, and if there are other people

in the municipalities as well, such as some churches have gone with the company.

It’s a very encompassing program, the benefit is there for everybody. At this point,

I do have copies of the resolution to get to Pete to review, its probably something

that we would like to move forward at the next month’s meeting. At this point are

there any questions for Jamie on the program, things that you may want to know more

Visitors(cont.) Page 7

about any discussion on the program. Councilman Naylor said I just have one question,

does your company offer any kind of analysis, on how we can save energy, even using

energy where we might not have to, to lower our bill? Mr. Rubb said yes, our company

if anything else is transmission of delivery so it if there is a concrete building on the wrong rate class, we would be able to get that changed. We’re not an internal auditing

firm but we have a relationship with the South Central Assembly. They have a group

and they do that, they come into the facility. If you want I can get you some information.

Councilman Myers said you go back the last three years. Mr. Rubb said we get release

forms. We ask to see three years. With Columbia Gas and PPL we get the last three years,

with Met Ed we get a year and a half. Councilman Noll said its something that the parks

could even look into, have meters all over. Councilman Myers said the county might have

that. You aren’t working with the county are you? Mr. Rubb said no, York City. Councilman Myers said I was wondering York County too. Mr. Rubb said the largest entities is York City and Hanover in York County. Councilman Noll said any other

questions? Mr. Malesker said, you said there is something for the residents? Mr. Rubb

said I don’t know, I’m not sure how that is going to work. I can’t imagine that it will

be, 70/30, probably more like 90/10 because its a lot. Our residential program isn’t

going to come to us, still going to go to the residents, try to keep up with things

that way. Then the energy companies are notified them to get a discount. The residential

savings, the opportunity is there to get a better price, the bills are only like a $100.00 so

I can’t imagine its going to be a 70/30 split. Councilman Allar asked for the residents to

get that benefit the borough has to be on board. Mr. Bubb said absolutely not, this is not and all or nothing, if you are on program or you want to use for electric that’s fine too.

Councilman Allar asked there’s no minimum timeframe for this program? Mr. Bubb said

our management agreement looks at it different. Councilman Allar said you said to drop it in the meantime you do not need a reason? Mr. Bubb said no, there has to be a reason, the IGCA, our co-op. The management agreement states if we aren’t doing our job the

way that we should, you have to write us a letter. If we are not making savings, we’re not

making money. Councilman Allar asked after the three years is it renewable for another

three? Mr. Bubb said we send out notices that it will automatically roll, if we do not

here back, it will just roll on. Councilman Noll said I know Sandy will have some information here, we got all the information from the ordinance. The management agreements will be here for anyone to look through. You have a business card, if anyone

has any questions they can give Jamie a call. Because what we’d like to do is have Pete

look at this and if he says this is within the means of what the borough can do, I’d like

to put it up for a vote. I talked to Sam about this, to decide to it, or look for another program. Keep it moving forward. Councilman Allar said what is the paperwork going to be, how long will it take? Mr. Bubb said until everything is up and running and you have

all the bills coming from your companies to us, you’re probably looking at a max of a month and half. We’d like to be up running, get things smooth. If you join now, we’re just passing through the bills so the infrastructure is going to be built, so its not like

the bills will just come to you and you will be what you will be paid. How many gas

meters do you have? Councilman Noll said two. Mr. Bubb you have the opportunity

Visitors(cont.) Page 8

to save on natural gas right now. The most time consuming is getting all that and putting it into the system. The bills vary, if we put the information into the system for Columbia Gas or Met Ed, and we put it into our spread sheets, if its wrong, a flag comes up. This line item is directly affected. The other thing about our program is we’re not from Iowa, we’re from Pennsylvania, we read the figures every quarter to find other ways to save.

So we know our purchases. Councilman Noll asked anyone else has any questions?

Mr. Hake asked to know the relationship with the non profit, are we simply going to be putting in the service or are we going billed a different rate? Mr. Bubb said the same way as the borough, the only difference that you, you would enter in , pretty much the same

as the municipal. Councilman Noll said that might be something that Ted, he might have to email the different documents, or if you have any of those documents with you, so you

can see what the differences are, they are slightly different. Anybody think of anything else? Councilman Naylor asked can you make copies of the resolution? Councilman Noll

said I’ll ask Sandy to make copies of that, the agreement and put in mailboxes, easiest way to do it. Thank you very much.

Solicitor’s Report

Dallastown Borough Councilman Noll said the only thing that I know of from Pete

Intermunicipal so far, Dallastown Borough, we had been talking about entering

Agreement into an inter municipal agreement on the purchase of materials.

His feeling was, that when you need to send everything out for

Dallastown, that, to get the agreements together, it wouldn’t

work for this year, we are very interested for next year. And what

he’s going to do start the ball rolling so we have all the documents

and other things in place, we can go ahead and be ready for that

next year. Unless everyone else says differently, I think its

something we are definitely interested. Mr. Malesker said I talked

to Dallastown’s solicitor, we don’t need a municipal agreement,

we just need an ordinance. Pass an ordinance. Councilman Noll

said he’d like the ordinance passed before you go out to bid.

Mr. Malesker said right. Councilman Noll said at this point we

are going to ask Pete to continue on that.

Letter from Pete Councilman Noll said I’m not sure what spur this, but there was

about raises one in there about raises for borough officials, voting themselves

for borough raises. If I understood it properly, you can do that at any time, the

officials only thing is, until an incumbent is re elected for a new term, is

that when that would take affect. If we decided tonight for that

to give ourselves a raise, we can’t collect it until we are re elected.

So that everybody understands the law. Councilman Allar asked

does that have any affect on those people who are paid for snow

plowing and things like that? Councilman Noll said as far as I

Solicitor’s Report(cont.) Page 9

understand its just through pay for sitting on the board, things

that you would have power to vote over, and raise your salary.

Basically. If I read it properly. Councilman Allar said was

that a question that Pete was asked to do specifically. Councilman

Noll said I don’t know who ask him to do that, I just saw it

on the packet. Does anybody know? Mr. Shearer said this is

something that he may have had in another of his municipalities,

I think it was a FYI thing. I don’t think this was generated by us.

Councilman Noll said I guess the thing for us to do is to check the

bill for a letter we didn’t ask for.

Councilman Noll said anything else for the solicitor?

Abel Bond Councilman Allar said it wasn’t clear in the minutes on what

we were going to do with the Abel bond? Councilman Noll

said we can talk about that now. Councilman Allar said he

needs direction from us, and then he can get back to us and

say if we are in a good position or we’re not in a good position.

Councilman Noll said my opinion I talked to Sam about this,

was that, we brought this up this last time, we can decide to

do something about it. That is one of the issues that we have,

we have a letter from Abel Construction for getting out of

the contract, and which it passed 120 days. My opinion is

and this is coming from my experience with contracts where

I work, we choice not to execute that contract and our 120 days

have passed. And if we choose to force them to do anything,

we really should execute this contract because without a contract

its basically a sign that we chose not to go any further. We are

within our legal rights to execute it and by deciding not to, we

let that time period expire and I think we kind of said that we don’t

want to carry any further legal fees. Just trying to chase this thing

down. Councilman Allar said I mentioned that twice, how we

are going to after the bond because we never signed the contract.

Councilman Noll said I mentioned it also. Even though there was

intent to sign that, we’ve let it lapse pass that 120 days, we can

spend a lot of money fighting it. but the money we’re going to

spend for a $5000.00 bond. I think it’s a lot waste of energy.

Discussion continued on whether to continue and go after the

bond. Councilman Noll asked how does everyone feel about

pursuing? I really don’t see spending the time and money.

Anything else for the solicitor that needs to be communicated?

Engineer’s Report Page 10

Basin Mr. Malesker said with the basin, start there first. We do have

a change order based on comments from York County

Conservation District, they wanted us to use a super silt fence

instead of the silk sock at the hill sight. Which the contractor

gave us the change order to do that which is an additional

$1815.00. We had no choice to do that because it was directed

by the Conservation District. Councilman Noll asked do we

know why they did that, because usually they go the opposite

direction, silk socks? Mr. Malesker said they wanted the super

silt fence, I’m not sure what the reasoning was. Councilman

Noll said the only thing that I ask before we move on the

change order, where do we stand for the monies for this project?

Councilman Allar said Steve and I did some calculation today,

we should collect, assuming that the county and township put

their money in. Councilman Noll said I know that the township

just got the contracts, so I need to talk to Elizabeth. That will

be the next meeting. Councilman Noll said last Thursday I gave

her the contract and she said she would move forward with it.

I’ll shoot her an email. Councilman Allar said just to answer

your question Seth, we did have a total of around $124,000.00.

The county, Growing Greener, the other municipalities. The

contract came in around 103, somewhere in that neighborhood.

You are talking about another 1800, let’s say two thousand, so

that will take it to $105,000.00. Plus you have another $10,000.00

in engineering and supervision and stuff. Now we are up to

$115,000.00. Which will give us about $8,000.00, that’s counting

the change order he is talking about. Councilman Noll said

we had talked about the possibility of saving some money through

Kinsley and stone, my understanding is, that the President may

have spoken out of turn on that. Two things have happened, one

Kinsley extended the time period of their contract, as to

guaranteeing the price of the stone, throughout the end of the

project, so that was one thing that was up in the air, as to whether

that would raise after, half way through the project basically was

set to expire. So that has been extended and we do hold the price

through the project so there should not be any change orders in that

respect. As far as the material, it wasn’t a rip/rap, it was a different

type of stone that was in question. I think at the time, the President

of Flyway thought it was rip rap and who was delivering it. He

didn’t understand what the estimator had done. Long and short of it

is, there is no material savings to be had because they had figured

in their contract, to deliver in the larger type stone. And it was not

included in the Kinsley contract, so there was, they basically

Engineer’s Report(cont.) Page 11

if Kinsley delivered it, that money would shift over from them

to then deliver it over to the other material. So there is no money.

I don’t know why he said what he said, I don’t know have any

advice on that. Mr. Malesker said what I was talking about was

the rip rap, because I thought their unit price was a lot higher

compared to the other contractor. We maybe could work

something out with Kinsley with that, but what he was talking

about was the figure, the stone we’re using in the sediment traps.

And not the rip rap, so when he looked into it further I guess

he found that we were talking about two different things.

Councilman Allar said are you referring to Sam’s email after

the preconstruction conference? Councilman Noll said I think

that was part of it, Sam had asked the progress that I had made,

I gotten everyone to agree to extend the material prices to the

end of the project, not the confusion on what kinds of material

and who was hauling what. I think that finally got sorted out.

Councilman Allar said so there won’t be a savings? Councilman

Noll said stays the way it is and the other part of that is, we

should not get a change order for increasing the material

because our timeframe runs out, the price is guaranteed for

that material. Mr. Malekser said Flyway notified us that prevailing

wage goes up May 1st and they said if they start after May 1st they

would have to increase their price $1800.00 but they are going

to have a lot of the work done by May 1st so it’s not going to be

$1800.00. See how much they end up billing. They have to pay

their guys more. He said if its just going to be a little bit, they

will eat the cost. Mr. Malesker said what they found today,

they found so much ground water, when the scoop it out, it

fills with water right away. So they brought in a lot of pumps and

drains. A motion was made by Councilman Allar to approve

that change order. The motion was seconded by Councilman

Naylor. All in favor. Councilman Noll said so moved. Mr.

Malesker said the issue that Tom’s been talking about is

maintenance and stabilizing the bank. We had asked the contractor

for a change order to install rip rap adjacent to where the sediment

traps are, where the extended O would be located when its

reaching down in to dredge. So we showed this detail to the

contractor, they came back with a price of $15400.00 to do that,

which was a lot more than I thought it was going to be so.

That was with new rip rap. So I asked them how bought a price

to, just a labor price, we are removing, taking out some of the

rip rap that’s at the end of the out fault structure that comes from

the Paddock. So there is going to be some rip rap there that we

Engineer’s Report(cont.) Page 12

could use, we don’t know how much. We don’t know the extent

where it ends out there. We will be cutting back for some of that.

So I asked for a labor cost on a square yard basis, to move some

of that and that was $36.00 a square yard. Its what they charged

to do that, so that is another option. I don’t know how much

of rip rap would be used. Councilman Allar said they have

already worked in some of the cost numbers in their contract

to remove that rip rap, that was something in originally.

Mr. Malekser said our notes say remove and replace rip rap

as required for construction. Councilman Allar said so that

removal is paid, the only thing we need to figure out is what

the labor is, if we try to use that to try to make some kind of

road bed on top. Councilman Noll asked what were they going

to do that rip rap, is it hauled off sight? Mr. Malekser said

we would have them stockpile it on sight. Mr. Shearer said

I told them we can use around the boxes whatever they pull

out, try to stabilize around basin 2. Councilman Allar said

as far as background, I was trying to get as much done

while the contractor was on sight as possible. Thinking

about having a more secured road there for maintenance.

Since then Dana I found out that Dana feels he can move

a pick up back and forth there without a road. Councilman

Allar said there are still other options that Steve and I are

looking into, such as backing it in, suctioning it in and so

forth. So, the assumption now, is for operational purposes

we may not need a road there however for appearance

` sake, we could consider, the ground depending on how many

times we go in and out, we won’t know that depending on

how many rain events, but the ground could be considerably

caught up, over the past appearance was an issue. I know the mayor mentioned it a couple of times about weeds out there.

The thing was looking kind of bad. Depending how many times

you go up and down, it may look like a permanent construction

site. There is the possibility that we may hear from the Corps

of Engineers. There going to be in the area in regards to Mill

Creek and the relocation of the wet lands. They have told me

several times, not to mess with any of the walls. They may

look at it, they may look at, that we’re setting up a situation for

erosion and underlining the banks. Because we don’t have a good

base on top. I’m just throwing these things out, I don’t know.

By the time we find out, we can’t do the maintenance, or we

Engineer’s Report(cont.) Page 13

can do the maintenance but its going to look ugly. Or we

are going to have a letter from the Corps of Engineers. By the

time we find that out, the contract is up, they are gone.

Its expensive to re do these things, that is where I’m coming

from. Appearance means anything, we probably consider it,

if it doesn’t mean anything, if we want to live with it and take

our chances with the Corps of Engineers. Then I would say no,

forget the road. Forget stabilizing the banks. Councilman Myers

asked that’s not part of our job, is that something we can come

back and get to later? Mr. Malesker said it is, I think the rip rap

is one option. The other thing I looked into, the mesh, which

actually called the truck mat, and those are, $95.00 a mat for

4 foot by 6. 73 foot section. I calculated that, if you put about

130 feet in front of the traps, if you use those mats it would be

around $3800.00. To put those. They are permanent. You can

take them up, they’re meant to be either temporary or permanent.

You put them down and its an open mesh, that the grass goes

through, when the roots stabilized. If you’d like to pass this

around. They aren’t going to be on the embankment. Councilman

Allar said to get a back hoe on the top of the slope down. They

aren’t going to be going on that slope at all. Discussion continued.

Councilman Noll said we can call Kline’s they can give us a price.

Councilman Allar asked between now and the next meeting

though, what’s the time line for the contractor, do you have to

give him a decision what to do with the rock, or just stock pile it.

Mr. Malesker said they are going to be there in the day.

Councilman Allar said they can stock pile. Discussion continued.

Councilman Myers asked Councilman Allar what is your opinion?

Councilman Allar said my opinion is, in at least the critical areas,

in front of those three J hooks, we don’t need to do the whole

thing, I don’t know what that is 150 feet? Councilman Myers said

where the equipment is and is going to do the work? Councilman

Allar said yes. Councilman Noll asked what do you think Dana?

Mr. Shearer said start on the side of edge there so we can drive

down along the outside of the fence, somehow get inside the fence,

further, so we can get to the J hooks from the outside. The outside

the land on the outside of fence is going to be a lot more stable

than the stuff on the inside. Let’s just put a gate down there so you

can get in there. So we’re not driving down the base of the slope,

trying to get around the guide wire. Councilman Noll said this is

instead of going in at the established gate we have right? All the

way down to get there. Mr. Shearer said we need a nice wide

gate down at that end. Take that little slope, keep all that

equipment on the outside of the fence then it would be to drive

Engineer’s Report(cont.) Page 14

the whole length on the inside of the fence. Councilman Allar

said you would drive parallel to Springwood, down to where

the J hooks are? Mr. Shearer said yes, nice wide gate so you

can get the equipment in there, that way you can take care, do

whatever we need to, in and out and then we’re on the outside.

Then we if we need to put in a road, we can do something

down along the outside, and then it would not impact as much

because its not the bank. Councilman Noll said we wouldn’t

need to add this in as part of the contract, we could do that on

our own. Mr. Malesker said right. Discussion continued.

Councilman Noll asked Steve, once we start maintenancing

this we’re going to have material that’s coming out, what type

of a dumpsite do we have once we pull this material out?

Mr. Malesker said I would say use the dump site in Red Lion

until? Councilman Noll asked are we going to be able to do

that? Mr. Malesker said they have no plans to do the ball

field at this time. Councilman Allar said the E & S plan has

already been filed. Its indefinite until it gets to that level.

You’d have to ask Steve and Jeff Shue exactly what all,

25, 000 cubic yards. Councilman Noll said also after the

project, do we need to work on some kind of ordinance,

agreement with Red Lion, that, okay the project is over,

even though we put more dirt in here, we’re done. Councilman

Allar said I don’t think they would do that. My understanding

is that we can’t exceed that limit without changing the E & S

plan. The problem though, its going to be a two stepped method,

to keep it on site is the one step, the step being we’re going to

have to stock pile the dirt to dry out. So Dana does all this work,

with the township and so forth, then its going to come back to

load and up and pick up and then take it over. The alternative

is, and sometime you will have to go with the alternative, would

be to keep it on site. Dana and I went out and looked, and Steve I

guess looked too, would be the four corners of the site as you

look at it, from Springwood. Where there is some open space and

you can actually put that on the trees and bushes, and increase the

dumping area up to the boundary probably around 50%. We don’t

need an E & S plan if we are doing it on site. Councilman Noll

asked our permit covers that? Mr. Malesker said well you’d be

disturbing less that a 1/10th of an acre. Councilman Noll said okay

as long as we seed it right away. Mr. Malesker said as long as you

follow best management practices. Councilman Allar said what

we want to avoid is taking it off site every time we clean it out.

Engineer’s Report(cont.) Page 15

We’ll be spending all our time making deals with dump sites in

the county. Discussion continued. Councilman Noll said this is

a huge liability for this municipality with our limited funding sources. And again it’s the unknown. Discussion continued.

Councilman Noll said does anyone want to make a motion, do

you want Tom to look into pricing for pads with the stone material

we have. Do you want to give him the authority as the project

coordinator to enter into a change order. You must have direction

tonight because a lot of the project will be done by next time, we

met. Councilman Allar said if they are going to stock pile, and

you can talk Steve or who, we probably don’t have to give the

contractor any orders at this point. Mr. Malesker said I don’t

think. Councilman Allar said there is not cost of taking it out

and putting it on the bank. Mr. Malesker said right. Councilman

Allar said at that point, and the only other thing missing a piece,

if we give them a square footage, an area there, they can get

back to you by the next meeting on they request. Mr. Malesker

said we already know its $36.50 a square yard for labor.

Councilman Allar said I don’t know how many square yards

is going to be necessary. As to the vacuum and so on, I think

we are putting a bigger burden on Dana than we already have.

If you know the people that do this. Councilman Myers said

there are a couple of people who do that. Councilman Allar said

if you want to bring those numbers in. Will it matter, do we

need a more secure bank? Mr. Malesker said I don’t think it

matters, they can park outside the fence. Councilman Myers said

one thing, you can get a price, from Security Fence, you can

do that awhile. Councilman Noll said Dana, why don’t you and

I get together, a gate that works, get Security Fence out here,

show them the area, get a price together for us for next time.

I’ll call Duane. Discussion continued. Mr. Malesker said I can

give you a cubic yardage for getting prices for vacuum services.

Councilman Noll asked do you have any project meetings on this?

Mr. Malesker said no we haven’t had set meetings. Councilman

Noll said if you do the time would be to have Kline’s here at

a certain time during the meeting. Perfect time would be at the

end of the project. Mr. Malesker asked the money you get from

the municipalities, it’s a one time deal, you don’t get a

maintenance fee? Councilman Allar said I’m going to have

to find another way. As far as the labor cost, you need a 12 by 30

foot pad, the stone and dirt is out there. Councilman Noll said

if Tom or Steve, get the contractor to find out if we use our

Engineer’s Report(cont.) Page 16

existing stone to get those equipment pads, so we know what

it is, so we can make a decision. Discussion continued.

Councilman Noll asked anything else on the basin? Councilman

Allar said if we do use that end sight, we really should probably

have Flyway put up sediment controls, while they’re out there.

Be change order. Dana you don’t feel comfortable. Mr. Shearer

said I never did that. Councilman Noll said you need the

equipment to do it right because the silt fence is, we really have

to think about that, because silt fences aren’t forever. If we get

a bad winter silt fence is gone, so I don’t how much money we

want to put out for that. Mr. Malesker said you don’t want to do

that until Red Lion’s dump site is full, to do on site storage.

That’s several years down the road. Councilman Allar said again,

we should be fine with dumping on that property. Mr. Malesker

said if you are going to dump it you are going to need a silt fence.

Councilman Allar said what I’m saying, is to do it while the

contractor is there. Try to retrofit this two months from here or

three months. Councilman Noll said that’s why I said if we

want to use Red Lion as some kind of a dump site, we need

to have an agreement there. Councilman Allar said I’ll talk to

Red Lion, and see what we can do with Red Lion. I may have

to call Jeff, and find out what the details are on that E & S.

Councilman Noll asked is the super silt fence going in an

area where it could be left? And serve as a dual purpose.

Mr. Malesker said the fence is going at the fill site. At the

Red Lion. Councilman Allar said Steve you are going to have

to get an estimate of what sediment control is going to cost

on their site. Remember at the preconstruction meeting, Dana

said Drew needs to draw up a plan. Mr. Malesker said for the

silt fence. Councilman Noll said with the amount of disturbance,

sometimes you put the straw bales down and put the stacks

through, is that an option. Mr. Malesker said the super silt fence,

which I’m still surprised why he wanted it on this side, that’s

typically where you have a lot steeper slope and you have an

awful lot of water coming down the slope. So that’s why,

at the change order, I can tell you what that costs per foot.

They charge $11.00 a foot for that. Councilman Noll said

the problem with any E & S you put in now, you are going

to be replacing it within a year. Unless sometimes, super silt

fence will go longer than your typical silt sock, or. That

becomes a maintenance issue in itself. Councilman Allar

asked you’re talking about the Red Lion dump site? Councilman

Noll said no I’m talking about our dump site. Councilman

Allar said I don’t know if we need a super one or not. Councilman

Engineer’s Report(cont.) Page 17

Noll said all I’m saying if we’re going to end up putting money

into some kind of E & S control, they don’t last all that long.

Councilman Allar said one we run out in Red Lion, are we going

to take it out on the highway every time we clean it out, and where

are we going to take it too, we are going to have to file a plan,

be sure its certified site. Councilman Noll said the only thing

I’m saying is, if we have them put it in at the end of May, there’s

no guarantee its going to be good. If we don’t really need to

dredge anything in four months, it might not be good in four

months. So. Councilman Myers said I guess you won’t need a plan,

depends where you dump it, if its good stuff, maybe the landfill

will take it for cover. Councilman Noll said if we would dump it

out too, and put cover on top of it, we wouldn’t need the silt.

Mr. Malesker said if you do something right away but you have

to keep getting it, to keep it from getting back into the basin.

Councilman Naylor said if you are trying to keep the place

attractive, like we said before, I’m thinking piles of dirt.

Councilman Noll said why don’t we look at the cost of putting

up some silt fence, so we can talk about it. There is huge

maintenance costs here that I don’t think we’re grasping here,

to truly to do this, after you do a dirt event, you have to have it

mulched within ten days of work as far as best management

practices are concerned. And how is Dana is going to do that,

we don’t have a machine that mulches and throws straw. Unless

we want him out there with a bale of hay. Councilman Allar asked

so you feel we won’t need a fence at all? Councilman Noll said

well I’m saying, we probably will at some point, just want to make

sure we put it up and not need it for five months, by the time we

need it, its in need of repair. Mr. Malesker said if you go with the

option of the contractor, they take it with them. Councilman Noll

said we just have to make sure we contain this thing, its going

to become too costly and we aren’t going to do it. Councilman

Allar said the flip side of that, if we do need it and we have to go

out and get it put it in, because its beyond our capabilities its going

to be a lot more expensive than doing it now when the contractor

is there. Councilman Noll said I understand that, we have to make

sure we understand the cost, once you put these things in, are

they going to make us to do logs on. Conservation District. When

you have an active sight, which is what this will be, are you going

to because now the state regulation is, at least once a week and

after every rain event, you keep a reportable log of how all your

BMT’s are holding up. Are we going to be sucked into that by

Engineer’s Report(cont.) Page 18

putting stuff up? Mr. Malesker said well like I say, you don’t need

for less than a 1/10 of acre you don’t need an approved plan.

They’re not going to know about unless Eric Jordan drives by

and sees and wants to know what’s going on. Councilman Noll

said I just want to make sure, we’re finding even on smaller sights

we are getting hit for this stuff that wasn’t suppose to be

permanent. Councilman Allar said a lot of this stuff gets waved

because the Corps of Engineers is by our permit we are allowed

to do this. Councilman Noll asked is there anything in our permit

that tells us how we have to handle the material we pull out?

Councilman Allar said we are responsible to keep it clean, it

doesn’t give us specifics. Councilman Noll said well looks like

we need some costs, I still think there are a lot of costs we’re not

considering for covering this material up. I just don’t want to

see Dana out there every two weeks, with three bales of straw

and some seed, walking over a pile of dirt. Councilman Allar said

if we do it five months down the road and get another contractor

in. Councilman Noll said why don’t we make some contact with

Fitz and Smith, whose literally five hundred feet up the hill, to

see if they would be willing to work with us on some kind of

ongoing maintenance program that we can pay the labor cost

for a guy to come to put in a fence if we need it. Check that out.

They might be able to do some ongoing maintenance. Councilman

Allar said they’re going to want to know more, like dimensions,

I’m not sure. Councilman Noll said they can give us a time and

material laundry list. Mr. Malesker said again, next year, when

you get on the equipment and materials bid with Dallastown,

you’re going to have a price with not just Fitz and Smith but all

the other contractors, you’re going to have a labor price. That is

guaranteed for a year. So that’s when you take care of.

Councilman Noll said Dana why don’t we see if we can get

representative when we look at the hole of fence, to come down

from Fitz and Smith to get some unit prices. At least we know

what we’re looking at, we don’t have to use it. Anything else

on the dam project? Mr. Malesker said Barry if you get you

quantities, you’ll contact Klines then, I’m not sure what you

want me to do? Councilman Myers said the quantities would be

the important part.

Park Mr. Malesker said we are meeting with Mitch tomorrow at

3:30. They’re going to start to do the punch list items. They

actually had a guy out there today, on site today but. So

we will go over the erosion items. There are some additional

Engineer’s Report(cont.) Page 19

things that have happened since the punch list. We’ll go

over those items. Councilman Noll said if anyone would like

to be there, to say see the park, or talk about the punch list,

we’ll be there at 3:30 to walk around. Also talking about that,

with them doing the maintenance right now, I just like

to see what everybody thoughts are. I’d like to put the

chain back up for two to three weeks, once we get grass seed

and put a sign out there that basically says, no admittance

park, however we want to word it. We get people running around

up there on fresh grass, we will trashing a lot of money. I’d

like to close the park back down for as long as possible. We’ve

talked about trying not to do rentals, I think there is one rental

on May 15th. We’re going to try not to open it up until the

beginning of June. Let the grass establish. What’s everyone’s

thoughts on that? So close that. Up at the park. Mr. Malesker

said I was going to ask about the lights. Mr. Shearer said Fred

did install one of them. We’ll probably going to add a couple

more. We haven’t gotten back together to go up, to see where

else to put one up. We did put one up at the maintenance building

facing towards the front door. As long as you are in the building.

We may have to do something, to get more light up there. We

did that. George Brockmyer did come back in, he was not able

to pull the wire back into the conduit because it was real tight

pole, he was afraid he may damage it. So what we ended up with

was exterior switches that are pad locked. The same pad lock

as everything else up there. Because of that, the way those lights

are wired, they’re actually in the sub key within the maintenance

building, it went from the main building to the sub panel and then

went to the lights. So we had to put the switches on that building

there so they’ll have to come over and turn the lights off and on

there. I did talk to Chris about some of that screen stuff that we

have up there left over, maybe we can get them to try to improve

that area in front of the building so, off that walkway. Have a little

trail there. We’re working on,we did get them shut off. Right

after we turned them off, Sandy had a phone call here at the office,

someone wanted to let us know that lights weren’t working.

They’re external switches, that are on a pad lock. Councilman

Naylor asked if someone could smash the cover and the switch.

Mr. Shearer said to that end, I have already had to replace both

halves on the bathroom door have been kicked in. That was

the other thing, they kicked one in and couldn’t get the door open,

kicked the women’s in got that one opened and then went in

and used it because the water was turned off. Councilman Noll

Engineer’s Report(cont.) Page 20

should then be able to take our final pictures for DCNR.

Mr. Malesker said yes. Councilman Noll said and get that

sent off, we should have everything seeded, that should meet

they’re requirements. Mr. Malesker said yeah, we will have

to wait until its somewhat established.

Wetland Mr. Malesker said on wetland mitigation, since Jake is

Mitigation working as a sub consultant to us, Sam had wanted me to

revise our scope of work to include his cost. That is attached

to the engineer’s report. Jake is charging us $2000.00 sub

consultant fee. To work on the mitigation site design. I just

added $2000.00 to our fee. Councilman Noll asked and this

wetland mitigation is because of the dam project? Mr. Malesker

said yes. This is the mitigation site at Mill Creek. Councilman

Noll asked where is that money coming from because I hear

we have $8000.00 left in our money and I see? Mr. Malesker

said there is the $15,400.00 grant that Jake is actually going

to do the application for. Councilman Allar said on the mitigation,

Jake has sent a sketch plan up to Corps of Engineers a couple

of weeks ago. Mike Danko has approved the sketch plan. He has

the formal plan, ready for the Corps of Engineers. That plan

should go the Corps for next week. As to the money, Jake is

working for free, the Growing Greener. This is coming out

of the York County allocation. We still have to do an

application. We should let Sandy know that we should have

the Growing Greener application in by next week. For the

$15,400.00. Which is half is what C. S. Davidson is of

$30,000.00. It’s a matching grant. What Sandy is going to

do is put some of that on Yoe Borough letterhead and get

it around for a signature, make copies for the borough, I’d

like a copy. Basically get that in the mail, so we have

the Growing Greener grant on its way. We already put in

the matching money, we hope to get the matching money,

with the Cora Brooks Foundation. That decision should be

sometime after May 1, if we got that. That’s going to

be the match for the Growing Greener. Timeline wise we

are fine. Township is not going to build until 2011. They’re

having some issues with DEP. They had a recent meeting,

the township would like to separate out. It was applied as

design built contract. That’s how they got the grant, based

on that. The Township does not want to go forward with

the design built contract. They don’t feel comfortable getting

good expertise on both ends of that, design and construction

Engineer’s Report(cont.) Page 21

with a low bidder. They want to be able to hire their own

consultant, then design and then go out and build a construction.

That is what they’re trying to get DEP to agree with, without

losing the grant. Which is under a different understanding. So

that is where the Township is. So we are not under any particular

pressure, once we get, Mike Danko approval on the mitigation

plan. We should remember and it was item 2 in the original

cease and desist order, we’re good to go with DEP, and we’ll

know about the money in thirty days or so. We won’t know

about the Growing Greener, because that takes a long time. But

anyways we’re going to have all that stuff through. Anyone

have any other questions, does that answer your question where

the money is coming from? Once we get it earmarked, we’re

getting an application before the 31st. We will get it out by

next week. Mr. Malesker said they won’t award the grant until

you have the permit. So. Councilman Allar said right, what

it will be is a York Township permit which will cover what

they’re covering on Mill Creek and what we have. The concept

will be approved by the Corps of Engineers. At some time

York Township has to go for the permit. And you are right

until that permit is approved, DEP is Growing Greener. That

may still be a year off. Mr. Malesker said they have other

grant money that they received for the other portion that needs

to be spent for 2012. Councilman Allar said they have that

money in hand, what we what we don’t have is the Growing

Greener for the wetland mitigation. We talked to them,

at no point, fiscal years are going to clash and we’re not going

to be able to give it to you. The key is the Corps of Engineers,

if they bless it, I think DEP is going tow the line.

Stormwater Mr. Malesker said next is the stormwater condition assessment,

Condition for adding the videoing the spring lines, which everyone I

Assessment think agreed that we’re going to add that to our scope so I

revised our scope of work to include that $360.00. So if you

look at the engineer’s report, attached to that is a revised

scope of work, part one of task 6 is the $360.00 for the

video of the spring fed lines. The other part that we haven’t talked about that you wanted to discuss was I thought it would

be a good idea for me to be on sight while they’re those lines

to try to sketch out where these lines are going because the

ultimate goal is to find out where that water is coming from and

to tie that into the storm water system. So I laid out what my

anticipated fee would be to include field inspection, the

Engineer’s Report(cont.) Page 22

analysis to tie that spring water into the storm pipe which

is $990.00. So that brings the total scope to $18600.00 of

which is eligible for liquid fuels payment. So its up to

you whether you think I need to be out there during this.

Councilman Noll said the downside of you not being there,

they video the pipe, they’re may not be answers. Mr. Malesker

said we really need to do something to tie it in to the storm

water system that is the ultimate goal, you don’t want it out

on Main Street like it is now. So. The hope is that if we find

the head of it near Philadelphia Street, that we can tie it

in with the Philadelphia Street system then this would be

part of the H2O grant application. That is what this whole study

is for, we’re going to try to get the grant money to update

upgrade the borough’s stormwater management system.

Councilman Noll said I hate to send you out there, but I

don’t think we have any choice. Let’s talk about, everyday

I drive by there and see hundreds of gallons of water just

streaming down the street. It hasn’t stopped since January.

We really haven’t gotten any resolution since January.

Councilman Allar said this is going to continue because its

going to take a long time to get this H2O grant. Councilman

Naylor said we could possibly tie this in somewhere. Mr.

Malesker said if there is a good solution, I know like

Sam, he wants to do something now, because he’s afraid

of what its going to do to his house. He had proposed to

pay for something, he got an estimate from Restuccia,

for 10 grand, tie it in near I think in the state route there

of which I’m not sure what PENN DOT would say about

that, there really is no option at this point. Councilman

Noll said it comes back to council’s desire to find out

where this thing goes so we know whose basically

responsibility. We may find out its goes into some private

system that we don’t want anything to do with. So.

It may be unfortunately worth spending the money.

Councilwoman Coble-Tyson said I think it’s a good idea

that Steve be out there. I can only say with my own experience

my own mess, we got all these additional springs running

down through, there has to be natural force that run under

the house for well over 150 years. Councilman Noll made

a motion to spend the additional $990.00 for Mr. Malesker

to be on sight. The motion was seconded by Councilman

Howett. All in favor. Councilman Myers said as always

to find out what we are doing here, where’s its coming,

Engineer’s Report(cont.) Page 23

where’s that pipe is suppose to be going. Mr. Malesker

said we’re trying to find the source. Councilwoman

Coble-Tyson asked if it’s a natural source what are you

going to do because, there is this other issue. Councilman

Noll said waters of the Commonwealth, go after PENN

DOT to fix it. Councilman Myers said I just don’t want

to see us, I mean, we have the problem taken care of going

out unto the middle of the road, I understand that. But

I also want to see that we don’t pay for something that’s

not our responsibility. You know. Councilman Noll said

until he does an analysis. Councilman Allar said I think

what you’re talking about is setting precedence. I’m am

going to have a concern about tying this into our system

without having a lot more information such as what

is the capacity of our system right now. I don’t if we’re

at 90 %, 50% whatever, and now we’re going to tie into

something I don’t know what that is, into a system that

may not be able to handle it. We’re not going to know that

until this whole project is done. Mr. Shearer said it already

goes into the system. Mr. Malesker said just not at the

point you want it. Councilman Allar said I’m not sure that

is true, we don’t know how much once we start tieing

in. Councilman Noll said I think at this point, when you

do that, find what it is, bring it back to council as quick

as possible so use that information. Mr. Malesker said I had

estimated 400 lineal feet that they’ll be taping. The price

from Pipe Services was $90.00 a foot, that is how I came

up with the $360.00, that may be more, that may be less.

I know at 147 S. Main, we aren’t going to be able to do

much at all, because we know there’s an offset there that

we know we aren’t going to get past. So if we. Councilman

Noll said do we need any equipment there the day they

video there. Mr. Malesker said that’s the thing, does the

borough want to fix collapses in this so we can video

tape it. Councilman Myers said that’s in the private part.

Mr. Malesker said yes, that is in someone’s front yard.

Mr. Shearer said there is a collapse further down the

line. Councilman Noll said my only thought why are we

doing this, if we can’t get any further. Mr. Malesker said

at Sam’s we haven’t tried yet. There hasn’t been the

borough used their camera at 147, Joe wasn’t comfortable

put it in the access in Sam’s basement. Because of a

90 degree bend. Mr. Shearer said cast iron pipe. Mr.

Malesker said he was afraid of losing his camera,so.

Engineer’s Report(cont.) Page 24

But these guys they have cameras, they are professionals,

they aren’t going to have that issue. Discussion

continued. Councilman Noll said let me know where

that is, if I can I will be there. Mr. Malesker said

today they called and said they could start tomorrow.

I said whoa, that is a little too soon. We need to get

into those peoples houses. Mr. Shearer said for

Sam’s and for his neighbor. We don’t have one for

corner property yet. I talked to the home owner today.

They don’t have any pipe in their basement that she

is aware of. They have a drain, that they have a constant

flow of water through. Its not the constant flow that

is on the street. This was more of a seepage. We were

also having the discussion, they are still having water

shedding off right there at the rolled curb there. Councilman

Myers said I still can’t get over Ronnie Crull, he grew up

in one of those houses, he and his dad raised trout. Trout

need fresh water, so you know, whatever there there’s a lot

of water going through there. Councilman Noll said that

whole block scares me, look at how much, I am looking

at one morning seeing a gapping whole there at some point.

Mr. Malesker said when there is a break in the water main,

that surface goes straight down. Councilman Noll said I

can’t imagine the water company using that much water and

not knowing. Mr. Shearer said there was no residual chlorine

when this surfaced at Sam’s property, that was the first

thing I told, Sam called me up there, let me call Joe. He came

down with his chlorine kit. Councilman Allar said these springs

at this point, they took a new course. Mr. Malesker said I’ll

let Dana know, they said last week in April or first week of

May. I’m not going to be there when they do the rest of the

borough’s storm water pipes. I’ll be there when they do the

spring fed lines so. Mr. Shearer said if it’s the end of the

month, possibly if its not the 28th or the 29th. Councilman

Naylor asked you’re not going to do anymore at 147 as

to investigating that? Mr. Malesker said we’re going to get

up to, where the collapse/break is, just to see what’s going

on there. Mr. Shearer said last time, there was a lot of ice.

I’d prefer how it is right now. Discussion continued.

York Revolution Mr. Malesker said I had mentioned the York Revolution Game

Game and using the sky box. June 8th is available. I just wanted to put

that out there, June 8th works, it’s a Tuesday. I was just proposing

Engineer’s Report(cont.) Page 25

that. I need to put that in front of Dallastown Monday night. If

we can’t get everyone there, we could shoot it at a later date,

we could do it twice. Councilman Myers said he has a meeting

that night. Councilman Allar said would we need to call in.

Mr. Malesker said I can reserve that date.

Copies Councilman Noll said I have copies of the Abel Construction

of Abel letter. It did come out in the packet


Contract Councilman Noll said I do have the contract for if anyone

wants to review that.

Dam Councilman Noll said dam safety inspection report. Do you have

Safety anything to say? Mr. Malesker said the permit came through DEP.

Inspection She is saying remove the sediment or vegetation, we’re doing it.

Growing Greener Councilman Noll said that is one that we already have in our

possession. We already have. Mr. Malesker said I have to look


Follow up Councilman Noll said follow up on dirt and gravel road, we’ve

Dirt and been talking to Gary Peacock. We come to the following decision.

Gravel Road Dana and I got together on this. You need to be trained by Penn

State on dirt and gravel roads, it’s a two day course. They will

not issue the grant to any municipality until you are certified.

So what they told us, we could apply this year, unless we had

someone certified they would not release the funds. We pretty

much took that as, go ahead and apply if you’d like, but he

likelihood of you getting it, is very low. What we’ve done, the

road were not on their approved list within York County as

a dirt and gravel road. Having Gary out, he walked the roads,

they are now on the list and they do qualify for this grant. So

they are part of the day to day. Dana is going to get trained

within the next six/eight months. Mr. Shearer said April 28th

and 29th, the dates I mentioned earlier. Councilman Allar

asked what is the deadline for the application? Mr. Shearer

said March 31st. Councilman Noll said so we knew we wouldn’t have Dana trained before that. So he’s going to go get trained.

You need the training to fill out everything on the application

that they wanted. Gary said he would help us for next year.

The anticipate the grant money to be there, it comes out

Engineer’s Road(cont.) page 26

every year. We know that we do need to do maintenance

on those roads as soon as we can. So we are going to apply

for them as soon as we can. We have everything in the date

bases that allow us to go after this grant. That’s where we

are. Mr. Malesker said the material, you could include in the

material bid. Councilman Noll said with Dallastown next


Riedel Property Councilman Allar said Steve, at the dam with the bypass pump,

along Riedel property, did they put these in? Mr. Malesker

said we’re using a diversion channel. Councilman Allar said

I just wanted to make sure.

Executed Councilman Noll said we have the executed copy of the Flyway

Contract contract.

Maintenance Report

Snow Mr. Shearer said we got the snow equipment cleaned up and put

Equipment away.

Lawn Mowers Mr. Shearer said we broke out the lawn mowers.

Patch Mr. Shearer said we started doing some of the pot hole patching.

Review Mr. Shearer said I got Dave out around town to go over things.

Street Mr. Shearer said street sweeping is under way.


Park Mr. Shearer said at the park in addition to the lights working, we

had a work crew from the county prison under the Sheriff’s

Department jurisdiction, they came and painted the interior and

exterior of the building. I will use the work crew when I get

chance to do some touch up and do some cleaning up of stuff so

we can get that opened up next month. I did get the water on

in the bathrooms, didn’t have any issues there yet. I didn’t

get the main building open yet, just wanted to make sure we

didn’t have any cold weather.

ARD Mr. Shearer said the work crews because of county’s expenditures

for snow removal, I guess they were kind of hit hard with the

courthouse budgets so they were looking at using the work crews

Maintenance Report(cont.) Page 27

to do some other maintenance and stuff for the DJ offices. I don’t

think that’s going to affect. So it looks like, we won’t have

to worry about that too much, keep that in the back of our mind.

If they think of something for the work crew to do, they have

them first. I did talk to adult probation, to try to find out what

was going, they assured me that they would like to maintain

their regular routine because they have regular clients like us.

That their committed too, try not to gum up the works too.

Flag pole Mr. Shearer said the flag pole has arrived. Connie did write

check for the pole, the light and shipping on it. It is sitting

out here. I was looking at a spot further out, it dawned

on me to consult our zoning officer to see how close it

can be to the road. After talking to Dan, I realized it should

be equal distance away from the road, in case it falls it falls

within our property. That would actually move it back to

the building here. Probably be okay with the overhead wires,

we should have enough height. It will be more likely be out

here where the mums are. I have a one call out. A hole to

dig. I did talk to Dan. Red Lion has a post hole digger. Once

I have the one call done, get the post hole digger down.

Sam had requested that we don’t want to fly the flag yet.

He had in mind a dedication ceremony because this is in

memory of Ron. He would like the first time the flag to

be flown be something special. He has sent me an email

today. He’s contacted Ron Miller about getting us the flag,

through Ron’s office. And for doing the formal presentation,

certificate saying its presented on behalf of this occasion.

He’s trying to get an honor guard to hoist the flag. The county

honor guard didn’t want to commit because of their funeral

schedule. So he’s now, trying to coordinate Marine ATC

program. The date, he is looking at is Flay Day, June 14th at

10AM. He felt even though that was a weekend day that

would be a good day to hold the ceremony. He’s working on

getting on the honor guard and music. He would take care of

writing the resolution for the borough. And to get the mayor

to attend that day. Of course we will have some pomp and

ceremony, have some musical accompaniment. That’s the

date. Councilman Myers said doesn’t the police department

have an guard. Councilwoman Coble-Tyson said the boy

scouts. Mr. Shearer said we talked about a podium, I’ll see if

I can track one of those down for minimal expense. If you

need any more chairs, we can get them.

Maintenance Report(cont.) Page 28

Streets Councilman Naylor said Dana and I went around and looked

at all the streets. Couple have maintenance issues. I have

put together a long term list for the borough. In the meantime

there are four smaller things I’d like to see taken care of.

Two of them won’t be terribly expensive. I don’t know from

liquid fuels or general funds, to get estimates from contractors

or what. One is to put a small box up on Elm Street. Where the

water isn’t getting to the inlet. Get the water to the inlet. Its

just a matter of putting a small 2 X 2 box in the ground and

probably a 10 inch pipe for a matter of 20 feet. Get that water

off the road. Councilman Noll asked what does the other end

of the pipe connect to? Councilman Naylor said that goes across

the street and then into swale down to. I don’t think that’s going

to be a very expensive project. The other back on Station Alley

at the bump in the road. Its kind of torn up any how. Its kind of

hazard. It would be a matter of someone coming in with a backhoe

get that high spot off, stone and fill it with some black top. These

are the small less expensive things I’d like to get done. Little bit

bigger projects, Poplar Alley which comes from Broad. I’d like

to see what we can do. Talking about the corner of Broad and

Orchard. Be nice to have take it down to Poplar Alley, I don’t

think that is going to happen. They’re talking about putting

storm water in. There might be an opportunity to tie that in

with that. At the very least the corner. Councilman Myers said

erosion is causing that. Councilman Naylor said a little base

repair and overlay, for temporary. If we have the money to go

the whole down to the corner. Councilman Noll said at this point

the only way we would know is to get quotes on it and I’m not

sure how’s the municipality done that, do we just put out a RFP.

Mr. Shearer said we would put out a RFP, informally,requesting

to get an idea of how much we’re talking about. I would have to

think that, possibly, both those projects, Poplar and that corner

up there. The easiest way would probably be to make it one, that

one project, and bid that out under liquid fuels, and I think that

would be the simplest. I guarantee its going to cost more than ten.

We are going to have formally bid, its over $25,000.00, you know

we’re going to get into prevailing wage. And I feel we’re going to

be in that 25 ball park. Councilman Allar said there are other

options, Red Lion does have a paver. Rent it out. Mr. Shearer said

I can tell you right now, if public works had their way, they’d sell

that paver. And bid it out. They do a lot of work with Hellam

Township and Wrightsville, Hellam Township got rid of their

Maintenance Report(cont.) Page 29

paver and their placing blacktop, they are bidding it out for a lot

cheaper than what Red Lion is laying it for. They’re not going

to lay our blacktop for nothing. Councilman Allar said we have

to look at the numbers. We have these projects, we don’t have

a set time. Several months to do pieces of this, seems like it would

be a lot cheaper than going with a $25,000.00 project. I don’t

know. Councilman Noll said Red Lion would have to have

everything, they’d have to the paver, they’d have to the truck,

materials, two people, a roller. Councilman Allar said I know they

do it for other municipalities. If we want me to look it into it,

to find out how much it would cost. Councilman Myers asked

don’t the other municipalities pay them. Mr. Shearer said they

are going to do it for exchange of work. If you come to my

sandbox and you help me do my work, I send a crew over one

day to do yours. I’m going over there five times as long to make

up that time. Councilman Allar said I don’t know what they want,

I don’t know what the contract is going to be. Councilman Noll

said at this point to get some outside contractors to bid it, see if

we can beat that price. Councilman Noll said a box is only two

to three hundred bucks. Councilman Myers said we could pay

to have a back hoe here. Councilman Noll said let me know when

you want to look for that box. Mr. Shearer said if its more than

$10,000.00 we have to bid. The Elm Street one we should pay

it out of general fund because that box isn’t going to be, unless

it’s a PENN DOT approved box we can use liquid fuels for that

but I don’t think so at this point. If we want to do the work on

Station Avenue at a separate job, it depends on how much its

going to cost us and whether we need a project number to pay

for it out of liquid fuels. Generally, when it comes down to

projects, they like to see one project number for one project.

So that, they don’t, they strongly discourage from trying to

piece meal a project in an effort to get around from trying to

pay prevailing wage. And it says so in the Pub 9, Liquid Fuels.

They consider that as very unethical, they want us to package

that all together. Discussion continued. Councilman Noll said

Wilson has a big open patch on it, is that when they did the

water line investigation. Mr. Shearer said that is when they

did a water line repair. Councilman Noll asked are they coming

back? Mr. Shearer said when Joe does the ones on Main Street,

they’ll probably do that one also. Generally lets them settle out.

And then he’ll come back with one shot. I’ll say something

Maintenance Report(cont.) Page 30

about getting some coal patch in there. Councilman Noll said

do you want to get with some contractors you feel comfortable

with to get some ideas.

Broad Street Councilman Naylor said the other end, of Broad Street.

Temporary fix, before this project gets under way. Get the

video tape of it, what might be the best route to make repair


Doors Councilman Allar asked have you gotten any prices of the door.

Mr. Shearer said the last time I got prices was budgetary, I

was asking for that on budget time. Kirkwood had given

me prices, for replacement slabs. Seem to think that would

work. Slabs and enclosures. Councilman Allar said probably

won’t get any cheaper. Councilman Noll said have to ask

Sandy. Mr. Shearer said you set money aside for that. Councilman

Noll said we did but then we realized where the budget was

and we cut it out. We have to figure out. Sandy needs to figure

out where we are on some of the budget things. Councilman Noll

said probably right for steel doors installed, the estimate.

None of these doors have a range hood or a range cap on them.

To keep the water away, every time it rains it gets in the top of

the door down through. Councilman Allar said we’ll put it on

hold. Councilman Noll said maybe the day we go down to look

at the gate, I’ll stop down and measure the doors myself and see

if there is anything laying around. Councilman Allar asked did

we ever make a decision about the gutters? Councilman Noll said

we decided not to, just to put a small piece over the door here.

I just have to find the time, to get that taken care of. Anyone knows

where I can find a break.

Zoning Officer’s Report

Councilman Naylor read said permit, down on George Street at the apartments.

128 E. George Street, finish basement. 51 W. Pennsylvania Avenue. Councilman

Myers asked do we have applications. Mr. Shearer said they are hanging right there.

Councilman Naylor reported 4 ¼ hours and six miles. Violations: Unenclosed

storage: 92 Broad Street. Sent her a letter. Councilman Noll asked, Dana maybe

you can answer this, did we ever issue any fines, there were several people around

time for not shoveling sidewalks. Mr. Shearer said I don’t think. Mr. Shearer said

we did make some money on some parking tickets.

Emergency Mangement Report (cont.) Page 31

There was no report.

Mayor and Police Report

Councilman Allar said did we get everything for the snow emergency? Councilman Noll

said I saw the emails going around, we got everything in and filled out. Its just a matter.

Councilman Allar said Dallastown just got forms on Monday. Councilman Myers said

we had to have them in at second time, unless that is the second phase of it. Sometimes

that happens. Councilman Allar said Dallastown wanted to let us know. Councilman

Noll said I’ll email the mayor.

Secretary’s Report

Councilman Noll said the Yoe Borough Sewer Authority audit is here if anyone

would like to take a look at it. We have a copy of it. Councilman Allar asked

who do they use? Councilman Noll said Fink and Company. Councilman Allar

asked I wonder how much they pay? Councilman Myers said not as much as

we do probably.

Councilman Noll said our insurance runs out 5/ 31/2010. Its been two or three

years since we bid out, so Keller Brown is providing a rate in Shrewsbury and

Webber is in Hanover. Councilman Myers said are we looking at changes since

we did all that up there. Councilman Noll said they have all the current information,

she hopes to have all the other quotes in so we can look at them at the May


Audit Report/Disaster recovery, something to think about scanning. If anyone

has any ideas of what we want to do to secure them.

Councilman Noll said the dam maintenance report from 2009, $4386.91, which

is a breakdown to Yoe Borough, Dallastown and York Township of $1462.30

each. We had talked about doing something Dallastown, charge them half of

the amount, for the multiple different things they have given us over the last

month. Sandy wanted us to make a motion to still do that so she can send the

bills out. It will be $1462.30 and half of that to Dallastown. Sam agreed.

A motion was made by Councilman Allar to bill Dallastown half of $1462.30.

The motion was seconded by Councilman Myers. All in favor. Councilman

Noll said what I’ll do is have Sandy do that and have her send some type of

letter along that shows what the bill would have been.

Secretary’s Report(cont.) Page 32

Councilman Noll said another thing that was brought up in our audit report is

that right now she’s the only person that signs checks. Most organizations

especially municipalities should have two people that sign checks. The thought

is that Sandy should be one of the signatures and then Sam or myself should

be the second put on, all three of us on. And that way of one person can get up

to sign checks for her, they recommend that someone from council is aware of

the checks. Go to bank fill out signature cards. We are not following accepted

auditing practices. Plus in a way. Councilman Myers said any checks, or up

to a thousand dollars. Councilman Noll said I think the way the auditors put

it, any check should be. I have to read through. The recommendations were

from the auditors. Just need a motion, that Sam and I would be put on to

sign and that two of three have to sign checks. Then she would email Sam

or I that the checks are here to sign. A motion was made by Councilman Naylor

to have Samuel Snyder, Seth Noll and Sandra Sterner on the signature cards for

checks and that two of three signatures be on the checks when paid. The motion

was seconded by Councilman Allar. Any more discussions? All in favor.

Councilman Noll said so moved. I’ll get with Sandy and get the appropriate


Unfinished Business

Councilman Noll said the municipality has for awhile been trying to get back from

the codifier the code and ordinances. Here they are, everyone gets a book to take

with them. If everyone wants to read through them over the next month or so,

these are your copies, make your notes. We’re going to have to set up a special

meeting after May. Start to look through, we will try to set up a meeting unless

everyone says I haven’t gotten that far yet. We want to take some time with this.

Its been a number of years. I would rather take an extra month to get it right.

Before you leave take a copy with it. We’ll talk more at the next meeting.

Councilman Noll said we talked about the park ceremony tonight. My only question

would be if you could ask the fire department if they would be willing to do

something either the Saturday before or after, during that fire prevention. To see

if they would be interested in doing anything then we could set a date. Fire prevention

week. Its in October. The dedication of the park. We wanted to make it something

that it would be more than people in suits up there. Councilman Myers said October

10th is when we have something down at the station. The Saturday before. Councilman

Noll asked what do they do at the station? Councilman Myers said we have open

house, displays inside the station, demonstrations, the smoke house. Councilman

Noll asked do you think they would be able to do that up at the park? Councilman

Myers said I don’t see why not. Councilman Noll said see if they have any interest.

Councilman Myers said that would be better to do it, do something combined, when

we have something to do. That whole week, we go to school. Councilman Allar

Unfinished Business(cont.) Page 33

asked who would be invited? Councilman Noll said we had looked at the funding

agencies, representatives, like Waugh and Miller. Anyone who is local, invite

Platts, don’t know if he would come or not. Councilman Allar said definitely

Mike Waugh, and someone from CDBG. Councilman Noll said invited a vendor

or two, fry person. Councilman Allar said I would suggest that you get Platts

first. To find out if Platts is coming, if you don’t get Platts then you get Waugh.

Councilman Noll said let’s see if they have any interest, then put some plans

together for those dates. Get list of people, sending out invitations.

Councilman Noll said we have maps of Yoe Borough, there are five or six

here. Everyone who wants one of those at the end of the meeting.

Councilman Allar said on April 28 at 10AM at Dallastown is the next comprehensive

plan meeting. We will be talking about community facilities and services. I am

going to have some people there from Harrisburg to talk about historic preservation.

The meetings are getting so huge. The people in Harrisburg can walk us through

the steps. Discussion continued.

Councilman Noll said the senior center sent us a thank you letter for our $300.00


Councilman Noll said we have a letter for Jake, if the content is okay I am going

to readdress this, send it to the organization that supports him through the grant

and we will copy Jake on it.

Councilman Noll said we have a copy of a video cam that was done, it was

an inspection report for MCI. Mr. Shearer said it was York Township down

to the manhole on the other side of the gabions and then from the Dallastown

line across the pond. That is our pre pond video. If anyone would like to

borrow, she just wants to know who has it so it doesn’t get out of sight.

Councilman Noll said the sewer authority, Sam was at their March meeting

and they did agree to pay the road patching that all has been taken care of.

Where the sink hole was. Councilman Naylor said is it my understanding

that they are going to come back and patch that. Councilman Noll said our

understanding from Steve that they had agreed to do that. Is that going to

happen, we may have to do a follow up?

Councilman Allar said the cameras at the park, do we have pictures of the

people who broke it? Mr. Shearer said they tried to use it, and that’s why they

broke it. Councilman Noll said he has some evidence left behind. Mr. Shearer

said we talked to Rick about some cameras off the building there. Usually

when it happens both cameras go on the drainage area there, you can see

Unfinished Business (cont.) Page 34

it happening, but its so far away. Councilman Allar said we should get a

break in insurance for the cameras. Councilman Noll said I would assume

that the insurance company would know we have cameras up there. We’ve

had them up. I guess that is question for Sandy to see.

New Business

Councilman Noll said there is a letter in your packet that says Earth Day is

coming, litter programs with York County Solid Waste Authority if anyone

is interested in that.

Councilman Noll said emails. Its gray area right now if they are covered under

sunshine. So. Just understand we send a lot of emails back and forth to each

other. I make copies of all my emails, and but them in my files.

Councilman Noll said I would like us to update our permit application and

I don’t know. Did Sandy do that? Reason being, April 22, a great new federal

law comes into affect concerning lead paint. What it basically says that anyone

that works in residential situation, where there is a possibility of children or in

a commercial situation where there are kids that are a target population. You have

to be certified as a lead paint contractor. There is a certification to work through

it, and a contractor certification. I would like to do, to put on there, the date

that their house is built, because it affects pre 1977, 1978 as the date they were

built. We had a discussion on this at the manager’s meeting, if we issue a permit

for a contractor to do work in a house in Yoe and don’t ask this information,

if we’re liable if they don’t take care of the lead paint problem. Because we

basically told the homeowner, that yeah the permit is issued. The only thing

that other municipalities are going to do is on the permit application have the

individual say if it’s a residential house or a commercial property anyway.

Have them put the date the structure was built. And have a note on there that

if the house is pre 1977, that the contractor is lead paint certified. That way

we have it as a matter of record, it’s a self policing type of thing. The contractor

has to be certified, they take care of all the requirements. There isn’t any

inspection for it. It covers us from a liability gap from the permit. You told us

you could use this contractor cause you issued the permit. Which we had some

familiar things that happen. Mr. Shearer said you could put it on zoning,

that is Dan. The residential and commercial format is supplied from Codes.

Councilman Noll said it has to do with disturbing and the kind of work that

you are doing. If you are replacing carpet, not a big deal. If a plumbing contractor

comes in and your house was built in 1952, he has to cut through the wall and

you have children in the house, now you are creating lead paint dust because

the house has potential. Then you have to test and prove that its clean, if its

not in the area you are working you have to bait it, very much like mold was

New Business(cont.) Page 35

where you set up. Lead testing, put the space suits on, set a perimeter,you

have to clean it down in certain ways. So, just another way for us to protect

ourselves. If you put windows in a house you have to make sure you test

all the trims if you are going to disturb anything. If you are going to the work

yourself it doesn’t matter. But as soon as you put a contractor that you are

paying money too. The contractor is certified. There was a question from

a liability stand point, if Yoe Borough says you are good to go, it hasn’t been

asked. It could be said that we said yeah you are good on lead and we approved

what procedures that they are to do. Its like a $30,000.00 to $35,000.00 an

occurrence fine. They’re looking at making examples of people. EPA is

enforcing it. Now nobody can tell us who these people are. They want to

find the large contractor to make an example. From a municipality standpoint

its not a bad idea. Discussion continued.

Councilman Allar said Rexroth and Dallastown Yoe Water Authority have

been in communication with each other. This is a letter from the water

authority asking for a water improvement plan. Talks about eight two

family residential dwellings, sixteen units. I think that was more than

they were contemplating. Apparently they have that many water service

for that little piece of land out there.

Payment of Bills

Councilman Noll said new bills to add to list: Columbia Gas: 154.04,

Columbia Gas: $20.86, Verizon: $36.57, Verizon: $75.67 and Met

Ed: $49.85 plus the standard list of bills. A motion was made by

Councilman Myers to pay the bills as listed with the added bills. The

motion was seconded by Councilman Howett. All in favor. Councilman

Noll said bills are paid.


A motion was made by Councilman Howett made a motion to adjourn the

meeting. The motion was seconded by Councilman Myers. All in favor.

Councilman Noll said meeting adjourned.