YOE BOROUGH PG. 1
150 NORTH MAPLE STREET
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:
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
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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
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
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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 benchmarkenergysolutions.com. 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.
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
Snow Mr. Shearer said we got the snow equipment cleaned up and put
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.
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
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.
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.