Wednesday, July 7, 2010

May 4th 2010 continuation meeting June 2010



YOE, PA 17313

Continuation of the recessed May 4, 2010 Yoe Borough Council Meeting was called to order by Council President Sam Snyder at 6:30PM.

Those in attendance:

Sam Snyder

Seth Noll

David Naylor

Wendy Coble Tyson

Tom Allar

Solicitor David Cook

Councilman Snyder said that this is beginning of the review of the editorial notes of the

preliminary draft of the new codification proposed by Keystate Publishers. We can try to

catch all the typos and everything else. Areas of note from the editorial notes were

discussed. Councilman Snyder said we will stop at Part 3A and the next one will be Part 3B and this is where I had the question and John isn’t here tonight. I read over the section

and it talks about the Emergency Management Coordinator being appointed by the governor. I don’t think we want to have to petition the governor every time we want to appoint somebody. He was going to check in on that. Keystate Publishers came up with this language as standard language so this needs to be checked upon, I can ask John about that. A motion to adjourn the May 2010 meeting at 6:59PM was made by Councilman

Naylor. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder

said motion carried.

The regular monthly council meeting of Yoe Borough Council was held on June 1, 2010 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order by Council President Sam Snyder at 7:02PM with the Pledge of Allegiance.

Those in council members in attendance:

Sam Snyder

Seth Noll

Tom Allar

David Naylor

Wendy Coble Tyson

Barry Myers

George Howett

Others in attendance: Page 2

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance

David Cook, Solicitor

Steve Malesker, Engineer

Brad Clubb, Flyway Excavating, Inc.

Andrew Barton, C. S. Davidson


A motion was made by Councilman Allar to accept the meeting minutes of the prior

meeting. The motion was seconded by Councilman Howett. All in favor. Councilman

Snyder said minutes approved.

Take Note

Councilman Snyder said take note we have a stand in for our solicitor, Mr. Solymos.

Attorney Cook is here from the firm, he’ll be representing Pete tonight. Attorney Cook was introduced to the newest council members.


Mr. Malesker said I had asked Brad Clubb from Flyway and Drew Barton from C. S.

Davidson to come to the meeting to talk about, mostly to receive any questions you may

have with the flood impoundment restoration project. I know there was some concern

the last time, about the initial violation notice that Eric Jordan sent. And then there was a

secondary one that he sent, that in turn, spawned DEP to make a site visit. So they were out there on May 21, 2010. They looked everything over, they didn’t have any problems.

If there was any major issue, they would have shut it down. They didn’t have any comments, their only concern was that if there was a change order as a direct result of the violation notice that the grant money could not pay for that change order. So. They walked the site. They didn’t have any issues. In case anyone had any specific questions,

Brad and Drew were here. Brad is the President of Flyway Construction, the contractor

that’s doing the work there. Pretty much done now at the basin. Except for little odds

and ends. I’m not sure if you demobilized all your equipment out there yet or not. Pretty

much done. They are not done at the fill site yet. I know you are waiting for that material

to dry. Its hard to push mud around. I don’t know if you have any timeline as to when

you want to go from there. Mr. Clubb said it depends on the weather. We have touch up

to do at the pond. Councilman Allar asked that when you do have a date can you call

Red Lion, they have a new manager there, Dianne Price. I just want to make sure, to

explain the mechanics. Mr. Clubb said we certainly can do that. Councilman Allar said

I’ll talk to her ahead of time, gives them the option. Councilman Naylor asked in the

event, who has the authority to stop work on the site for non compliance or if some other problem arises? Mr. Malesker said this project would be DEP. Councilman Naylor said

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as the daily inspector from the engineering firm, if we’re asking you to go out there, and you see something isn’t right, you don’t have the authority to have it stopped, do you have the authority? Mr. Malesker said no, not without affecting the cost of the contract.

That can have some serious implications, it would affect the timeline of the contract.

The only thing we can do, is make a formal notice to them that we saw something that

is wrong, when it comes time for the application of payment or something like that,

then deny any payment for certain items that wasn’t done in accordance with the plans

and specs. Councilman Naylor said I misunderstood what the job of the daily inspector

was. Mr. Malesker said, the daily stuff, the inspector will note things, if he sees something wrong he will convey that to the contractor but he can’t shut the site down.

We can reject concrete. If it doesn’t pass the slump test. But we can’t shut the job site

down. Councilman Naylor said if he sees something that isn’t in compliance with the

plan that he can’t stop this. Mr. Malesker said the issue that he had with the silt fence

not being trenched in, that short little section, and I’ve never ever seen that on a violation

before. Naturally what Eric had told them, majority of the silt fence was trenched in.

It was just at the end of the silt fence, he turned a portion of it up slope and that wasn’t

trenched in yet. I guess our inspector didn’t make a big issue out of that because. Its

not a violation issue seeing that. Eric did make note of that. And then he actually told

the contractor then, its fine to leave it that way, but when you start bringing in fill

material in adjacent to that area, that’s when you have to trench it in. So he told them

that, but then, on his next visit, cited them for that same thing anyway. Even though

he told them it was okay to leave it there. To me, that’s not really playing fair, if you

tell them, that they can wait, then cite them again. Councilman Naylor said my concern was that the bypass pump wasn’t redirected. Mr. Malesker said, the same thing there,

what we had talked about on site there was that when the contractor was working in the

channel, they were to use the bypass pump. When they were dredging out in the basin

area, Eric said it was okay to use the diversion channel. And so what happened, the

stream went westward after a storm, went on the west side, which actually worked in the contractors favor, because it got the stream out of the away, when they were dredging all

the material out. And they actually explained that to DEP on their site visit too and it made perfect sense to them. And it does make sense. To what Eric had said, its okay

to have the diversion channel but when you start putting rock veins in, you need to be

using the bypass pump. That is what they did. Mr. Clubb said it pumped for about 190 hours. Councilman Allar said he said more than that, in reference to the second site, the channel was unstabilized, earthened muck birm. To do that there are certain controls that you have to put in, to do that. I think that was as much of a concern as anything. Mr.

Malesker said I know Eric’s second visit, was on a Monday morning after we had a

storm over the weekend. So. And it was raining. I don’t think you guys were even working. So they didn’t even have a chance to address the damage caused from the

storm that occurred over the weekend. It was at that point he made a site visit. And

filter bag was burst, that wasn’t even in operation. Councilman Noll said I don’t know how other people feel about this, I understand the first inspection why they went out.

When I saw everything on the second inspection, with what we do with where I work,

it really quite honestly pissed me off. It seems he had multi things that were on the first

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report. And then were on the second report that hadn’t been solved. And obviously once

they come out once, they’re going to come out a second time. I’m not sure where the

breakdown in the communication was because I do understand that C. S. Davidson was inspecting it. Were you getting documentation, its okay to do this in this situation. Because I know when we ever we have meetings with this guys, they tell you one thing and enforce another in the field. I understand that happens. Were we getting documentation or sending a letter to Eric, thank you meeting with us today, we’re deviating from the plan, x, y, z as you had stated. Do we have any of that documented,

what did the daily reports that your company look like. I want to understand how we

documented the stuff. Because to get once with something you don’t know about,

understandable, but to get the second time for the same stuff that we should know about,

that should have been inspected in some way, somebody should have caught that or at least had a report that said x, y and z are on here, for record. Councilman Myers said you’re saying that the contractor should be copied. Councilman Noll said the contractor

should be taking care of it but also we have inspection agencies that watch us if things

aren’t taken care of, they’ll tell us. Especially when its right in the report and when you get a second report that has the same items that aren’t taken care of. Councilman Naylor asked when they go out and inspect, do they stop work? Councilman Noll said if we hire the inspector, for us, that’s what happens a lot of times, we’ll have people come in, I hate to say it, you’re hiring them so they’re not going to tell you to stop. But when you have owners inspector come out, if we’re in violation, the owners inspector should stop us.

I guess that was my biggest concern. These reports go to York Township and they go to the other municipalities around us and if you put the two side by side, there are the same violations in both letters. And they go, Yoe Borough doesn’t know what they’re doing

again. So I just. It goes to file. I don’t know where the disconnect was, why we had

violations again, understood, but then they weren’t correct. Mr. Malesker said a couple on the report, Eric said it was okay to do those few things. Councilman Noll asked were they documented in any way that Eric brought us to deviate, is there a letter that we can put against the violation notice. To say you can’t cite us for these because you told us.

Mr. Clubb said I don’t think for the first violation/inspection, the second one we responded in writing. One of the problems in that time period, was the E & S plan generated by C. S. Davidson, the borough did not pay the fee. Even though it may be adequate, but the borough had to get it done. Councilman Noll said what about the inspection reports, itself, did they note things, what type of things that people were looking for, that they have notes of things that hadn’t been taken care of . Mr. Malesker

said I hadn’t seen the report. Mr. Barton said the main thing was the bypass pumping.

They used the confer. The day he came in the stream in the dredge area to use the bypass

pump in the dredging area. Councilman Noll said I understand that on that site, it seems we had similar violations at the Red Lion site. Mr. Clubb said I explained the Red Lion Site, we had 10 feet installed, it wasn’t turned up slope. There were also three tires

that came out of the impoundment area, that were dumped out of the truck. We dumped

close to the slit fence, we had to move it. Councilman Noll said without anyone being on site I guess you didn’t send anybody down. Was there documentation done? I just want to

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make sure we document ourselves because I saw so many things that were repeat violations that should have been taken care of. Paying someone to inspect it, there was obvious violations. That isn’t good for us, buts us at a huge liability and it also makes us quite honestly look stupid as a municipality. Councilman Naylor said not only, but the

financial end of it. If they see that we are having repeated issues here does that mean we won’t get the $11,000.00 dollars. Mr. Clubb said I talked to the people at DEP about

this, Jack Hill. Councilman Naylor said I just don’t want this to reflect upon future input, cause financial problems for us. Councilman Noll said also, what happened to these fees that weren’t paid. Did a check go out, where did that fall. Mr. Malesker said we knew it was necessary to pay the $100.00 fee. Mr. Barton said we were going to wait and have the borough pay the fee. Councilman Noll asked is it possible to get copies of those inspection reports? Mr. Malesker said yes. Councilman Noll said the borough will get copies for the permanent file. Mr. Malesker said yes. Councilman Noll said I just want to make doing right, with more regulations like with the park and rail trails, seems we our lacking documentations, and would have some more liability, bite us really hard. Mr. Malesker said we didn’t do anything inspection in park. Councilman Noll said ongoing,

once you have it in operation, if we get sued for something. Basically they push the liability field out at the park. Someone should be inspection on a regular bases, condition of park equipment, trails around. Councilman Myers said you need someone that is certified to do inspections. As long as you have a program in place for maintenance.

Mr. Clubb said the silt fence was up slope and there were two areas of repair and they were minor. Councilman Noll said minor or not, they were on multiple reports. Mr. Barton said to understand this fee, there is a standard fee to review that E & S plan.

Under the original application. Mr. Malesker said in a lot of municipalities that fee is waived isn’t that correct. Mr. Barton said not for generating a plan. Councilman Allar said we had that down for a complaint, a district plan review requires by April 20th. As far as he is concerned someone owes him a fee. Mr. Malesker said since it wasn’t part of the actually permit, we didn’t agree with because. Councilman Allar asked has anyone gone back and got that off the books? Mr. Malesker said yeah, we paid the fee. Councilman Allar said so the fee was paid, when was that done? Sometime after the second complaint. Mr. Malesker said it was paid before DEP was out. Councilman

Noll said my biggest concern is this H20 grant that we are applying for. Multi,

$100,000 of dollars, in discharge areas. I just don’t want to have this conversation again.

Councilman Myers asked do you do this kind of work a lot? Mr. Clubb said we have done 25 stream restorations, about the same with dam work. Councilman Myers asked and have you seen other issues with the permit office come out? Mr. Clubb said it varies with the type of project. Conservation District may not be involved. Working with DEP,

no direct Conservation District approval. District Conservation is the enforcement arm

for DEP. Talked about that with DEP. Councilman Myers said I’ve seen stuff like that

before, I’ve seen with DEP. Councilman Allar said we had the same situation when Kinsley built the thing to begin with. So it was two basins carved out of the wilderness.

Councilman Myers asked but we had visitation then? Councilman Allar said not like this. This is two Conservation District complaints, phone calls and emails to the Army Corps

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of Engineers and DEP, two inspections from DEP came down. I had none of that when

Kinsley built it. We had storms, it didn’t stop raining and the context also, with what

Seth’s getting at, the best contact with higher authority is no contact. And we have to deal

with these people. We still have a cease and desist order, we are still waiting for approval from the Corps of Engineers, DEP, we are trying to get more Growing Greener money

from DEP. However petty, minor it is, and I mentioned the last time about having the,

what DEP actually said to do an E & S plan. We either do it, or contact them in some

other fashion, to clear the books so its no longer an issue. Like Seth was saying, you keep on going through, such and such an issue, clearly discussed in the 4/23/10 site meeting.

Another issue contrary to E & S plan. Such and such issue discussed at the April inspection. Continued violation noted on the 4/14 report. It meant something, they wouldn’t have gotten other people involved. We don’t want DEP to come down.

Councilman Myers said I can see that, but I also know you do see other things happen

too. Councilman Allar said I understand that, all I’m saying is , we didn’t have a

single complaint or inspection when it was built. It was built in 1998. It was much longer. Mr. Malesker said there is a lot more scrutiny now than in 1998, an awful lot more.

Councilman Snyder said what also doesn’t help, if someone is out to get you, they can knit pick this to death. Clearly a lot of this stuff was being knit picked apart. There were thing that were discussed with the first issue, where it came down to a complaint. He agreed to things, then he back tracked on it. Clearly he came out, after a significant

storm, we’re talking a significant flood event which he knew would cause problems, found minor problems that he could bring up. And came on a point, where he knew no one was going to be there to address them. Issues with the E & S plan, that was discussed when Jason first brought this idea up. He went to, County Conservation didn’t want to

be involved and the idea was, we didn’t need any permit if we were going to work inside the scope of the dam because we were under the general permit of the dam permit. Now,

they come up, now we get this report, now you don’t have an E & S plan. You know what, you can sit there and fight it until you are blue in the face and say that’s not what

you said a year ago. We try to do that, and he’s try to back off. And if he has a bug up his butt for you, he’s going to keep hammering and hammering, and say where is the

E & S report. Here we are, the project is already done. If someone wants to get you, it

can be knit picked. I don’t think there is any way you can fully protect yourself against this. Councilman Allar said don’t forget Sam, DEP told us to do an E & S plan. Mr.

Barton said I think the letter says may require. Mr. Malesker said it says may require.

Councilman Naylor said if someone said along the lines that you don’t have to do that,

whoever talked to should have it documented, we don’t have to do this. If you don’t have it documented, its your own fault. If DEP starts knit picking, I have worked with them I know how they are, you upset them one time, they are going to stick on you. My question is with my construction background, with working with inspectors or a municipality,

we weren’t doing something up to snuff, that inspector said whoa, you guys can’t do that.

That is why I was wondering why didn’t someone say something. Mr. Malesker said again, a little section of silt fence that’s not turned up slope isn’t something that you can shut a job site down for. Councilman Naylor said I’m not saying shut it down, but you

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guys need to address that, and this, this 8 X 8 propped up, I don’t what, did somebody install that for some reason, or was that there prior to construction or something. Mr.

Clubb was put there to allow, it was extremely wet, to allow the water. Nothing I am

aware in writing. Councilman Naylor said I’m just saying after the first notice, somebody

should have been more active to say, look at the next level. Mr. Malesker said, again,

the two issues that Eric had said, that they’re fine until you are working there, so. Then

we had some more issues come up because of the storm. Councilman Snyder said I think

that’s the hard part and I think that’s where Seth was getting at as far as, there were issues, that were said, that Eric Jordan said that you don’t need to use the bypass pump unless you are actually working in that channel area, stuff like that. I do remember seeing

some email to that affect. The problem was that we never had anything in documentation

from Eric so when Eric comes back again, he can say, guess what you didn’t use your

bypass pump. So. Councilman Noll said then all you have to do is pull out the letter that

said that you don’t have to use it. Councilman Snyder said I think what Seth was getting at, since we now know the games they play, when something like this happens, we need,

you document it to me. That this is what happened to the follow up to the meeting. I think

what we need to do, is to copy him on it, so that there is no discussion as far as, this is

what we. Just like I do in my little memo book, if I would have even known that there was a meeting with Eric Jordan, I think what I would have did, was pulled out my little

memo book and said. Now wait a minute Eric, this is exactly what you told me, because I wrote it down right after we got off the phone. Now what gives. Because if you, I think

I don’t see any other way around it, so clearly if someone wants to get you on a job like

this. They can find, just like that silt fence, that shouldn’t even be an issue, and never been an issue before, can we technically make it an issue, yeah. I guarantee you, if an inspector came in there right now, they could find fifteen different code violations if

they wanted to. It’s a matter of how rough we ruffled their feathers. Councilman Allar

said Eric Jordan, covers the whole York County. Mr. Malesker said he doesn’t cover

the whole county. Councilman Noll said he has a small district a couple of municipalities.

Councilman Naylor said once I have worked with them, once they are on to you, they keep drilling. Councilman Noll said once you say you are going to take care of something and you don’t. I’ve learn this, more, because I know this project is done, but we have some very large projects that are potentially coming up. If you think the enforcement is bad now, its going to be even worse. The Chesapeake Bay laws that are coming on.

Ordinances we adopted last year, if you really read those, its going to get worse. You got to be on top of it, or we’re going to lose funding, pay a lot more money for Steve to do things, his reports and everything. Councilman Naylor said the borough charge the inspector and say if you don’t see something that isn’t right. Councilman Snyder said we actually don’t know, this is a learning curve for any upcoming projects, you’re sitting

there saying, we did go over this, we did document this and now here we are two months into the project. And I have no reason to disbelieve him, but we still had the issue of a

second notice, where multiple things were documented, there was not paperwork follow up. I think in this instance what you start doing specially as an on site inspector, document conversations you had with Flyway and said this is what I took action on.

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You set that aside for the next council meeting. That way its here, if anyone has any question about it, its not just you, now who maybe perceived as you’re saying to cover yourself. You can say here’s the paperwork, I filled it out. Just like I do with my

little book. Councilman Allar said this is the conversation I had with Steve, my only

goal here is to try to protect the borough. We didn’t get fined or anything, its possible.

The idea is if we have the inspector out there, we are paying thousands of dollars, I look at the inspector for protection. That’s whom I’m asking to have our best interest in things that are involved. You never know where this thing reaches. If there is conversation,

between the inspection and the contractor, I expect that to be documented. If down the

road, there is a fine, there is litigation, you can’t go back and recreate. Nothing came to

the borough that I’m aware of. I don’t know what was going on between the inspector and the contractor. If we have repeats here, then we have something printed as to what was said. Councilman Snyder said and I think that is what we are all trying to figure out, what can we do, in the future to protect the borough. I don’t want C. S. Davidson to feel that the inspector didn’t do his job. Then the inspector says, I was doing my job I was

telling the contractor, then you have the contractor sitting there saying don’t put me on the hook for this, because I was trying to do what I needed to do and this is what they

were saying. We need to learn from this and say how can we document better, you know and follow that through. Have the inspection reports and here they are as part of the

records, if any wants to read them. Or if an issue like this comes up, there you are.

Councilman Noll said it may come down to the point to, to look at C. S. Davidson and define the direction we want them to take for us a little bit better, whether that’s

finding out things, that, yeah we want you to go after these type of issues. We have

to give them proper direction for us. Spend more time on our part, let them know what are wishes are. Councilman Snyder said you never know when an agency is going to come down on you. That’s what it comes down too. Mr. Clubb said C. S. Davidson did what they had to do to protect your best interest. Councilwoman Coble Tyson asked this project, how long is, this entire project, how long is this suppose to be effective? Do we not have a financial obligation for maintenance of them. Forever and ever. How long is this project to last until we have to do it again? Councilman Myers said it depends on how many Mother’s Day floods we have. Mr. Shearer said it won’t take a Mother’s day storm, it will just take a good storm like we had the other Friday night, all of sudden all the silt from Red Lion above the dam will wash in. Councilwoman Coble Tyson said we are throwing around how we want to do the routine maintenance. What is going to be

the most effective and you have to look further than the end of your nose and if this is going to be ongoing thing. We are talking about what could be just little minor instances,

DEP, whoever, looking at what we did wrong but that can impact, that is going to impact us down the road when we have more, that we have to do with the upkeep. Councilman Allar said its going to have to do with two things, the number of rain events, how effected is this J Hook, to see whether or not we need to perform the maintenance, to clean it out.

Those of the two facts. Councilman Noll said one thing that we talked about, I hope we follow through with this, after the project is 100% done in the next two to three weeks,

is to get C. S. Davidson and Eric Jordan down there and look at ongoing maintenance.

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You’re right, we’re going to be pulling sediment out of this, what does this mean, do we put it on the pile on the side of the hill. Let it sit there, what type of mulch do we put over it, depending on how long it sits, what type of silt fence and other things that are going to be required around it. Get that all documented in writing and send it them certified mail,

and say these are the things that we understand. If not, we could be popped every time that we do maintenance. Mr. Malesker said I think we need to get something in writing from him, telling us the measures. Councilman Snyder said and that’s going to be the key, getting it in writing. Councilman Allar said I think we need to go back, Dana’s got some numbers, probably need to bring in Fitz and Smith. We need to come up with some kind of an idea on how we are going to do this thing. We don’t have that yet, we don’t know our course. One said, finish now, and I’ll be back and I can give you a better number on what its going to cost. We’re at that point, hoping in the next thirty days that we will have enough numbers, that we can make a decision to use Maintenance Plan A

or Maintenance Plan B or whatever. Figure out how we’re going to pay for it. Councilwoman Coble Tyson said I just want to make sure that I have the correct project, is this the project that we’re still waiting for money from York Township, whoever.

Councilman Allar said it’s the same project but we have the money. The secretary said

we’re waiting for Growing Greener and we’re waiting for York Township. The reason we are waiting for York Township is they want to see a bill before they give any money to

the borough. All the other funding, including the county is here. But we’re still about

$75,000.00 shortfall that we haven’t gotten yet, and we have to get that money. I don’t know, York Township said they would do it readily, I don’t have any clue when Growing

Greener is going to get us the money. Mr. Barton said Growing Greener will be six to eight weeks. Councilman Allar asked so they won’t accept anything until the project is

completed? Mr. Malesker said we do have an application for payment here for approval tonight. Send this one in. Councilman Noll asked do we have funds to cover it? The

secretary said if you get into anything higher than that, you don’t have the money. We are no longer a bank. Councilman Myers said with grants, you will be the bank. The secretary said just remember if you are going for $300,000.00, Yoe Borough doesn’t have it. Councilman Myers said I know that, you need to tell the rest of these guys. The secretary said I’m telling you, I’ve said many times, you’ve got to think. If the bill comes and I can’t pay it, its your problem not mine. Councilman Allar read in the DEP letter, approved, a plan to control accelerated erosion and sediment must be developed during construction. This plan may required a permit or prior approval. They are talking about the approval, whether or not a plan is needed, they are saying yes, that’s part of the approval. Mr. Malesker said that was part of our plan. Councilman Allar said not according to them or they wouldn’t have put it in there. Mr. Malesker said that’s what Eric. Councilman Allar said no DEP, DEP has approved it with this qualification. Now

apparently what has been set up, does not meet what they consider to be. Mr. Malesker

said DEP would have never authorized us to go forward with the work if they weren’t satisfied with how we were addressing the E & S issues on the plan. Councilman Allar said and again, if DEP found it acceptable, why are they putting this in there, to say do this. This was in the grant letter. Mr. Barton said the plan needed approval, we had a

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plan and it was at the standard grant level. Councilman Allar said, you’re saying that a plan was there, and they are saying one needs to be developed. Mr. Barton said we have a plan. Councilman Allar said but the first sentence says, a plan to control accelerated erosion and sediment must be developed. It doesn’t exist. Mr. Malesker said that is a general statement. Councilman Allar said this goes back to September 16, 2009. Councilman Noll said did we have all our stuff submitted at that point, the fact, that we didn’t have to submit to that. Mr. Malesker said the plans were dated March. They had reviewed the plans that we sent out for bid. What Flyway bid on was the plan that DEP and Army Corps reviewed. Councilman Noll said I guess what I’m getting at, does that letter come out, and say we have the grant and that we submit this thing, you’re saying that DEP was requiring. I was just wondering if that letter comes out before you submit the final plans in field saying. Mr. Barton said the letter we got from DEP said yes we met the requirements. You are going to dredge that out. You are going to need a plan.

You have a permit. We’re going to more than just dredge that stuff out, that will be determined. The actual approval from all concerned came before. Councilman Noll asked

as part of what we did, do we have a permanent going forward, maintenance plan that’s been developed. Mr. Malesker said a detailed maintenance plan, no I didn’t. Councilman Noll said is that something we’re going to be faced with doing, to keep up with our permit, with DEP, regular maintenance on that facility since it has changed a lot. I just want to make sure we are covered with maintenance. You submitted all the plans, certain things on the plan were approved with DEP, now we have the J hooks. Councilman Allar said there is no maintenance plan, maintenance is covered in the plan in a very generic way. You are allowed in the basin, you are allowed to do maintenance that is necessary.

It doesn’t go into specifics. Councilman Noll said that you have another plan in some way, if Eric Jordan comes out here about maintenance. Councilman Allar said what you suggested is a good idea, a meeting. Councilman Snyder said to find out what Eric wants.

Mr. Barton said with the grant, we need to submit this with the first invoice. Councilman

Noll said is that what needs to be done now, to start that six to eight week period. When do anticipate the submission to be done, we are talking about getting the money now sometime in August. Can we get that submitted as soon as possible? Mr. Malekser said that will contigent on your approval of this application for payment. Councilman Noll said I just want to make sure we plan ahead and it not being completed in November or something like that. Seeding of the grass and other things down there. I just want to make sure that we aren’t held back. Mr. Malesker asked does the second one need approved contingent upon receipt of the grant money, we haven’t had a chance to review that one yet. Mr. Barton said for the grant submission reimbursement request a signature is needed. Mr. Malesker said so we could have a motion to submit the request and authorize Sam to the sign the reimbursement request. Councilman Snyder said we can make the motion then. A motion to submit the reimbursement request for the Growing Greener money, and authorize once we get that ready, have Sam or Seth to sign that by Councilman Allar. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said motion carried. A motion was made by Councilman Noll to pay for application number 1 to Flyway Excavating in the amount of $46,508.63, for

Visitors(cont.) Page 11

approval, with a 10% retainange of $5167.63. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. Councilman Allar asked the birm up there is that going to be seeded? I walked it about two hours ago I didn’t see any seed. I walked on the birm. If we get a storm, that birm is going to start mirgrating.

Mr. Clubb said the bank prior to. Councilman Allar said I didn’t see any on the birm itself. Mr. Clubb said we will follow up on that. Councilman Allar asked is there a reason that, that isn’t a concrete birm? Mr. Malesker said I don’t know if they would have allowed concrete. Mr. Barton said it was cost. Councilman Allar said everyone should go out there and take a look. That’s a lot of dirt. I’ve got to believe that reduces capacity.

I don’t know if its going to be stable or migrate into the basin. A lot tons of dirt out there at that birm. Mr. Barton said we have the one year performance bond. Councilman Allar said if we have a decent storm, there is water all the way across, bank to bank, the top of the birm will erode away. We need to get some cover on that thing, its probably not going to last. Councilman Snyder asked any other issues with the name. Mr. Barton said the question on future grants, Jack Hill was there, he was on board. We need to answer

questions to the Conservation District. Councilman Snyder said thanks for coming in tonight.

Solicitor’s Report

Resolution Councilman Snyder said I do have resolution 2010-03, prepared.

2010-03 I won’t read that tonight, that’s for Monday June 14th, but it needs

to be passed tonight, its for the dedication of the flag pole. A motion

to resolve 2010-03 was made by Councilman Noll. The motion

was seconded by Councilman Myers. All in favor. Councilman Snyder

said so be it resolved. The dedication is set for June 14, 2010 at 10AM.

Mr. Shearer got the songs and podium. Mr. Shearer asked that a formal

invitation be sent to the widow, something official. The secretary will take

care of that.

Mr. Malesker said there are two resolutions here, one is to do the grant application with Red Lion Borough. The other one is, just in case something falls through with Red Lion’s side. They decide next month, that they aren’t going to apply so you’re not stuck. It has to be applied for by July 1st. The other one is for Yoe Borough to be the sole applicant. Councilman Snyder said if we don’t use one, then we just have to pass a resolution to revoke one. Mr. Cook said I don’t see any issue. Councilman Allar said before we pass this, I want to make sure, I didn’t read this last month. There is a section in here, in the event the borough is awarded grant funds, they need to form a storm water authority. This authority will have representatives from both, to maintain both storm water systems. I just wanted to make sure that everyone that signs up for this. Mr. Malesker said that was a sample resolution, I don’t know if he put that in. Councilman Allar said it’s the fourth paragraph. I can understand why this is in here. Mr. Malesker said I think the intent then,

Solicitor’s Report(cont.) Page 12

would be to have Dallastown be part of the same authority and it would consistent with the comp plan. Councilman Allar said ½ of the money is on a reasonable project, its earmarked, it has a priority to try to generate a regional project. And it calls for, if you look at the last sentence, it talks about regionalization, two or more water supplies, sewage, storm water, managed or operated as a integrated system. I did call up them.

They said yeah, that would need an authority. What I’m getting at now, is that everyone understands that, because there is going to be a cost to do that. I know there is going to be cost, there is going to be paperwork, legal reviews, announcements in paper, I don’t whats going to be involved. We may be saving $1500.00 and $7500.00 to set up the authority. I talked to a couple people on the Red Lion Council and they don’t know about this. They know about this, they started to think what this means to start an authority.

I saw it there, I just wanted to make sure everyone else is aware. Mr. Malesker said you would only form the authority if you received the grant money. Councilman Allar said that’s right, that’s another cost. Councilman Naylor said it would be nice to know what kind of money you need to set it up. Councilman Snyder said nothing stops us from not passing now. I really don’t know if the municipality is in the position to set up another municipal authority. Even if they are, if we’d be doing it. Discussion continued. Councilman Snyder said the authority may be able to borrow more money. The borough could borrow the money to set up the authority. The authority would be taxed with how you are going to pay for the thing. Councilman Noll asked how much does it cost to set up an authority? Mr. Cook said I think the authority would be responsible for its own costs. The benefit to the authority, its paying for itself in a way. Councilman Snyder said the borough would have to pass an ordinance, set up the authority, doing the actual investigation,legal diligence, to find out how we set the authority up. The last time Yoe Borough set up the authority was 1972. Mr. Malesker said the authority could have some type of storm water management fee. Discussion continued.

Resolution 2010-04 A motion to resolve Resolution 2010-04, intending on entering

into a joint storm water authority with Red Lion and applying for

a H20 grant by Councilman Allar. The motion was seconded by

Councilman Noll. All in favor. Councilman Snyder said so be

it resolved.

Councilman Allar asked where do we stand on the loan, did we put anything in for the application? Councilman Snyder and Mr. Malesker said we just looked into it and

found out what our statutory limits were. Mr. Malesker said that is a requirement for the grant application with the amount you can borrow. Councilman Snyder said that I did, we were maxed out, off the top of my head, $880,000.00. Councilman Allar said a couple months ago when this came up, I suggested that we make an application. I went backed and looked at the selection criteria. The project will tabulated, using the following the criteria. One of the criteria is the ability of the applicant to secure funding. So I called them and asked what does exactly does that mean. Basically, all things that you need,

Solicitor’s Report (cont.) Page 13

this applicant that has an award letter in hand, is going to get priority over this applicant

that is saying we plan to do such and such. So specific piece of the criteria. Councilman Noll said so it means are you pre-qualified for the loan. Councilman Allar said that puts us in front of the pack. Going for the loan is very minimal. I looked into it, with Keystone and so on, its very quick process. Councilman Snyder said if we’re going to it for Red Lion, then the authority needs to be the one, qualified for the money. Councilman Allar

said not really, the authority doesn’t get created until after you get the grant. We could go forward and transfer that to the authority. We could go with whatever number Steve comes up with. We don’t need to use the max. We know what we qualify for, we could go in and ask for that now. Maybe we can have that to catch up with the application I don’t know. Councilman Noll said do we shop? Councilman Allar said we can go with PENN VEST, with the state, something with DCED. We could qualify for a certain amount. Councilman Snyder said call DCED first, you’re tripping that $125,000.00 flag.

Call DCED, and ask for a letter of credit or commitment letter. Councilman Snyder said I’d have to find out if there are any costs associated with that. I can’t believe there would be a fee associated with DCED.

Resolution 2010-05 A motion to resolved Resolution 2010-05, which allows Yoe

Borough to embark on the storm water H20 grant by

Councilman Allar. The motion was seconded by Councilwoman

Coble Tyson. All in favor. Councilman Snyder said so be it


High Grass Councilman Myers said what do we have to do, I know Dan

is our zoning officer, but these houses that have grass as high

as this table in town here. Why aren’t we mowing it, contracting

out to get it mowed, or what have you, it’s a real sight to come

down Main Street. Councilman Snyder said we were discussing

that at the beginning of the meeting, with fines and codification.

We discussed implementing fines of $100.00, $250.00 and

$500.00 for subsequent offenses. First, second and third offenses.

In this particular instance, Dan wasn’t following through.

Because he was too busy being borough manager for Red Lion and

he just didn’t follow through with the letters he sent out at the

beginning of the month. Last week I had sent him an email, and

copied Seth and John, to get their idea. And my thought to him,

I think we need to be more pro active on this, and he needs to

follow through. You need to be aggressive, and cite them on a

weekly basis. I didn’t like the idea of getting ARD in it. We can

only bill back what it costs. Just two hours of his time. Councilman

Myers said you hire a contractor and whatever it is, it costs.

Councilman Snyder said as you know we don’t have the money

and we are not a bank, so to hire someone its going to be anywhere

Solicitor’s Report(cont.) Page 14

its going to be anywhere from $150 to $250 each time, the one

beside me may be $300.00 job. And then since it’s a civil

penalty, you tell them how hard it is to get civil money.

Mr. Cook said since there is really no way to specifically

enforce it, a judge orders someone to pay a civil fine in so

many days, put a lien on the property but, its not going any

where. Councilman Snyder said he can’t collect on it, there

we’re paying three hundred bucks a pop, and it may take.

Look at our sewer fees, that’s going on for a year and half.

Until the house sells, you are not going to get your money

back. Talking about being the bank. Its up for foreclosure.

My idea was to hammer them with the criminal citation,

but you make it hurt to get their attention. We have to be

diligent on telling Dan go out there on a weekly basis and

cite them. Every Monday go back through and cite them.

That’s about the only way you can do it. The decision is

up to council. I hate to send Dana out there with the ARD

group, and bill them back thirty bucks. Councilman Naylor

said I agree, and to play devil’s advocate, I hate to enforce

an ordinance that we don’t adhere to ourselves. Discussion

continued. Councilman Allar suggested contacting the bank.

Those people responded very well. Mr. Cook said if its gone

through the foreclosure process and the sheriff’s sale was

done then the bank takes possession, certainly you can,

they could be cited. And have someone to come out to clean

up. They want to sell it. Councilman Allar said I think in this

case we contacted the bank before the sheriff’s sale took

place. Mr. Cook said that’s a possibility too, because if

people want to come out and look at the property and determine

that they want to bid on it or not, so in order for them to

generate interest in the property they will go ahead and do

things like that. Councilman Allar said we have to find out

who the mortgage company is. Councilman Snyder said

Dan can find that out, its on the foreclosure paperwork right

on the door. Understand by citing it, the issue does not go

away. Its supposedly going up for foreclosure but there is

still a Morgan Collins sign in the window. The last time I

heard it was up for short sale. Councilman Allar asked did

anyone contact Morgan Collins. Councilman Snyder said

he knows what he needs to do, I sent him the email last week,

Seth and John were on board with it, so hopefully this week

we will see action. Discussion continued. Councilman Snyder

said if anyone calls and complains. I tell them what I’ve

done and I’m living right beside. We are trying to do what

Solicitor’s Report(cont.) Page 15

we can. Councilman Allar said to go after the bank or

the realtor. High probability it will be solved. Mr. Cook

said go after the realtor, go after the bank after the bank

takes possession. Councilman Allar said I’m not saying

go after, but to contact the realtor, the realtor would be

happy to go after. Councilman Myers asked who is the

realtor working for. Councilman Snyder said probably

the property owner. All it said on the paperwork is the

mortgage company said the foreclosure lawsuit has been

reinstated, it was in Commonwealth Court. Right beside

it was the realtor sign in the window. Mr. Cook said

probably what happened was they were trying to sell it,

to meet foreclosure, filed the complaint to start, that

was the method of service, then they have to get the

judgment, then they have to list it for the sheriff’s sale.

Probably $3000.00 cost for sheriff’s sale. They will try

something else. Councilman Snyder said to answer the

question then, if its still owned by the people that we

have a good address for down in Virginia, and the citation

is sent to them, they still have to answer to that citation.

Mr. Cook send it certified mail. If undeliverable, it will

show. Councilman Snyder said that’s the only one that I know

of, you can tell to contact them as well.

E. PA. Avenue Councilman Allar said a couple months back we had asked

To Take Title Pete to give us a rough cost to take title on a property over

on East Pennsylvania Avenue. I don’t know he ever did any

work on it or not. There is a property that we can’t find anyone

who has title to it. The survey work was done by C. S. Davidson.

How do we legally take title? Mr. Cook said I think Pete said

it would be around$500.00 to $1000.00. Councilman Snyder

said I think where the whole thing got jumbled up, is Pete

originally thought about quick claiming it, doing a quiet title.

Then the issue became because of the rail trail and the rail

authority for the railroad property. We got information from

their solicitor told them that even if the property didn’t revert,

even if no one did a quiet title on it to claim it, it automatically

reverted back to private property owners once it was disbanded.

So then, that’s why, for their purpose, they need to address all

these individual property owners to try to get permission to

cross this railroad property. Then it got muddied a little bit more,

that was the question that was posed to Pete, will a quiet title work

or do we have to do an eminent domain. Then it got muddied a

Solicitor’s Report(cont.) Page 16

little bit more of they thought that this was a certain particular aspect

of this parcel because it isn’t bonded by private property on either

side, its actually bonded by public street on either side. Basically

an island, so what would be the proper way to acquire that land.

Quiet title, eminent domain, prior railroad property, no one has

ever did a quiet title to claim it after the railroad abandoned it

and what would be an appropriate cost depending on what was

found on the way it was acquired. That was probably going back

to the February/March time frame then he got sick, got sidetracked,

and has not come up at a council meeting for three to four months.

So basically get an idea on how much it would cost? The rail trail

was thinking about coming through and he said we don’t want to

pay if they are thinking of taking it over. If you could just figure out.

Councilman Allar asked do you want a copy of what we have so

far? Mr. Cook as far cost analysis I don’t think we did it, but to ultimately

to proceed on it , we need to have a good description.

Engineer’s Report

Orchard Hills Mr. Malesker said I brought from Holley’s office, they tried to deliver it

Vista several times, and no one is ever here. It’s a copy of Orchard Hills Vista.

Mr. Rexroth. This was withdrawn previously, this is the re-submittal then.

I haven’t had chance to look at them then. This is all their copies. For next

month’s meeting we’ll have comments. We can look at it real quick if you

want. This has been submitted to us. Councilman Allar said we’re only

concerned about the piece in Yoe. Mr. Malesker said they didn’t copy

York Township on this submittal, I don’t know. There’s a letter in here

too. Sewage planning module. Councilman Allar said this is an official

submittal to Yoe Borough, is this on the clock. Mr. Malesker said it says

June 1st. Councilman Snyder said we have ninety days to act on it then.

Historically we had listened to the comments from the engineer. Mr.

Malesker said I can have the comments available prior to next

month’s meeting.

Yoe Park Councilman Noll said I got a chance to talk to Chris he wants to know,

we’re having an issue up by the bathrooms. To get the 5% which the

ADA requires, 5% slope, have to move the trail around to get 5%.

We’re getting a lot of washout from the parking lot that’s coming,

the drain sits here, paving that we put, a lot of the washout is going

down the hill. Washing out the path. Originally there was to be a swale

there. The swale was not put in because it would cut through the trail.

So we said, that’s fine at the time, don’t put it in but understand that

if there is water problem it needs to be fixed, if you feel you can’t put it

in, we’re not absolving you of dealing with the issue, see how it works.

Engineer’s Report(cont.) Page 17

Well it doesn’t work. We have had some large cratering there. Side

of the straight trail, 2 to 3 inch gully. Their solution, is to put a

yard box, basically put a birm, shot it down the bottom. The only

problem is they want to charge us $75.00 to do this. My contention

is, and Steve and I talked about this, we didn’t absolve you from

having to do something there, if you don’t put the swale in, we

are letting you not put it but see what happens. If there is problem,

you have to stand behind it. Councilman Naylor asked are you asking

them to put in a yard box at their cost? Councilman Noll said pretty

much, I’m willing to look for yard box. Councilman Naylor asked

could you run a pipe underneath that. Mr. Malesker said there is actually

a pipe underneath, what they do is put the yard box and tie it to the

existing pipe. Councilman Myers asked is yard box going to work there?

Councilman Noll said actually it would be at the edge of the paving, the

building is sitting here, the paving is down a little bit, the water at that

point is shooting onto the trail so we need something to pick up the

water there. Discussion continued. Councilman Myers said if you can’t fix

it, maybe pave it. Councilman Naylor suggested a swale to the path,

and then pipe it to the other side. Councilman Noll said I was thinking

about a pipe underneath. Mr. Shearer asked what about a French mattress.

Councilman Noll said that would be another good option. Mr. Shearer

said it’s a stone filter that allows water to flow through. You would have

larger stone underneath to allow the water flow through. Have a base on

top it. Stone filler that allows water to go through. Discussion continued.

Councilman Noll said get a truck load of stone, back hoe, and do the

mattress type thing. My opinion it would be a little cheaper. Do

we need a sketch for that? Mr. Malesker said we probably should.

Councilman Noll said do we want to try it. Mr. Shearer said give it

a shot. Councilman Noll said to get the water slowed down. Mr.

Shearer said a storm on Monday there was literally 2 ½ to 3 foot

of trail mix out in front of the men’s room door. Councilman Noll

said to have them to fix it. Mr. Malesker said you are still holding

some of their money. Councilman Noll said if we have to bring a back

hoe in, get Fitz and Smith to do it. How much do we have to pay

them yet? The secretary said $2946.80 is what they are owed. Mr.

Malesker said you have the bond that goes through December. The

secretary said to let me know when the money would be released, I will

void the check and reissue. Councilman Snyder said we will still hold

the $490.00 and you can work a deal with them. If you have the box

and everything else. Councilman Snyder said we did receive notice

from DCNR that they are now are authorizing the final payment of

the $7000.00 which we should expect in six to eight weeks. This was

received May 22, 2010. Just as a side note we did receive notice at

the beginning of the month from the Chief there, that they were basically

Engineer’s Report(cont.) Page 18

saying that they wanted their $70,000.00 because they were saying

they didn’t come into compliance in enough time and we were forewarned

about this. And I was not the happy camper. We had clearly discussed this,

Steve had discussed this prior when we received the last letter we received

from them. They put us on notice that we weren’t in compliance with the

grant agreement, put yet, every email that was coming to Steve was

don’t worry about it, you just need this and you need that. He was always

copying, trying to comply. This letter was sent to my house. I told him,

I didn’t want him involved, it costs us money to contact this Beth up

there, her boss or head of division. This is totally unacceptable, pick

the time and place, we are going to have this discussion in front of

Senator Waugh. This is totally unacceptable. Ironically when you sent this

out I was planning on sending an email to your office asking where is

our money. The secretary said to let her know when its okay to release the

remainder of funds to Legend Construction.

Wetland Mr. Malesker said asked Councilman Allar if Jake update you if he

Mitigation heard anything from Mike Dantko? Councilman Allar said not yet, I

talked to him today. I don’t know if anyone has seen the Growing

Greener grant that was sent, I was talking about $30,000.00 what he

has is $35,000.00. You should have a copy of that. I just want to explain

the $5,000.00 what he’s doing is allowing us to account for spent money,

in other words, funds that C. S. Davidson needs, Hill and DEP. Part

of the money that has been spent so far. This is not new money we

have to come up with, its money we already sunk into the project.

This is matching, this is part of showing money as part of that match.

Storm Water Mr. Malesker said we’re still working on the storm water condition

Condition assessment since the last meeting we did do all the video taping and

Assessment we did some exploration into the spring lines. We did find that they

they aren’t the tied into the Broad Street, I guess the pipe that’s going

in front of Sam’s house, we videoed into the neighbor that has the

tall grass in their middle of yard, and there was a stone in the middle of

the pipe. We couldn’t make in through. We put some dye in the line,

it does go to the manhole. Then we put dye in at 147 where its coming

by the sidewalk, that came in at a different pipe. Mr. Shearer said we

put the dye in, the house on the upper side. That’s where we went with

the camera there is that open trough. The Boltz house. We cameraed

both place, we got into the one yard where the tall grass is, we got to

the house at the corner. Part of the problem, there was a small crack

at the bottom of the pipe going to the upper side at Philadelphia

Street. The crack is causing the water to fill into the Boltz house that

they are pumping out. We went down to Broad, trying to figure,

at the corner of Broad and Main, there’s three lines that come together,

Engineer’s Report(cont.) Page 19

We know that one of them is the main line coming down the street,

the one is the one coming across the intersection that the water flows

into from 147 but the third pipe that comes in that has water in, we

cameraed that one and only got about eighty feet up in the middle

of the street. We put fluorescent red dye in at the Boltz house, we got

water out of the main line, red dye in that one first, two minutes we

had water coming out of the small plastic pipe, later on there was traces

of dye coming out of the pipe at 147. We don’t know where everything

is tied in together. Mr. Malesker said we are hoping if we tie it in at

ahead of the Boltz house, that it’ll take care. Councilman Naylor said

take care of both problems. You think if you alleviate the problem up

there, it will alleviate the problem at 147. Mr. Malesker said possibly.

Since we couldn’t camera the whole thing, I don’t know if there is

bend that goes around somewhere too. How its tied in. Discussion

continued on whose pipe it is. Mr. Malesker and Mr. Shearer said

it seems to tie into the minutes with the watering troughs and the

pipes/tiling that the borough had put in decades before. Mr.

Shearer said part of the water is running into the Boltz’s sump and

in through the system from before. Mr. Malesker said there is a hole

in the pipe. Mr. Shearer said the water that is being pumped out is

what is escaping from the pipe, but there is still flow through that

pipe. That water that continues through, that is where we put the dye

in. Councilman Naylor said so we didn’t find the origination of that.

Mr. Malesker said to catch it up at the Ali’s house. That can be done

by directional bore under the sidewalk, directional bore to tie into

the backside at 159 and 171. Mr. Shearer said we found out that

pipe that is there, is part of their French drain, the gravel is suppose

to be there. Councilman Noll asked what can we do about this?

Mr. Malesker said we can wait until we are done with the condition

assessment and make some recommendations. Councilman Noll

questioned if the sump pump stops. Mr. Malesker said when we

have Brubaker come back, we could have them give an estimate

on a horizontal drill. Councilwoman Coble Tyson left the meeting

at 9:50PM. Councilman Naylor said I didn’t hear anyone refute

that the system was installed by the borough at some point of time.

Councilman Allar said if the pipe is the same material? Mr. Shearer

said terra cotta, part of it was steel. Mr. Malesker said I haven’t

gotten the video back yet. I think a section is cast iron. The section

that ties into the man hole I think that was cast iron. There wasn’t

a lot of joints, there was some piecing of cast iron, there was some

piecing of terra cotta. Mr. Malesker said in the minutes I think it

was cast iron. Councilman Snyder left the meeting at 9:52 PM and

turned the meeting over to Vice President of Council, Councilman

Noll. Here is the Mayor’s Report and just make sure you continue

Engineer’s Report(cont.) Page 20

this meeting until the next meeting. Mr. Shearer said we

trailed it to the house on the corner. We were in the side

yard of the Ali house and the Boltz house is pumping out.

We were still in that section. Councilman Naylor said

I’d like to see where it comes across, if possible.

A motion was made in regard to the pipe situation that

Steve and myself get together and get a report that

talks about the probability of ownership of the pipe and

at the same, we authorize Steve in light of the possibility of

having to do work, authorize him to do up to $2500.00 of

engineering work, put out a bid package to complete connection

of the pipework into the storm sewer system from the current

break. Also authorize Dana have Brubaker and Fitz Smith to

give preliminary quotes to find out if we have to put it out for

telephone or total public bid. And to call PA One call before

they come out, to make sure they know what it covers, the

motion was made by Councilman Myers. The motion was

seconded by Councilman Howett. All in favor. Councilman

Naylor said with the assessment how many lineal feet of storm

sewer, how many feet is there? Mr. Malesker said we did not

video the entire system, we only did the areas that we couldn’t

see, if it was a newer section, we didn’t waste the money, or

if there is a section we could poke our head down manhole and

inlet and see that invert was rusted out, bad section, we video

taped that. I think we videotaped around 3000 lineal feet.

Addition Mr. Malesker said I did attach the attach the revised scope for

the storm water condition assessment. The application was added

to as task 7 to the estimate. That was already approved.

H20 Councilman Allar said are you going to move ahead on the application.

App Mr. Malesker said that motion was made last time, with Sam point

of contact. Councilman Allar asked what is your dollar figure? Mr.

Malesker said we are not totally done with the condition assessment.

We will have that in the next couple weeks. Councilman Noll said

you can put me down as the second point of contact. Mr. Malesker

said I think that’s the motion that was made.

Sinkhole Mr. Shearer said the sinkhole on W. George Street. We had the

W. George discussion on who is going to bite the bullet. I did get a visit from

one of the foremen, the other day from PENN DOT, wondering

whose utility cut that was. I gave him the brief synopsis. We are

still trying to figure if you are fixing it or if we are. He said alright,

I’ll go back and see if I can’t get some coal patch for it. They got

Engineer’s Report (cont.) Page 21

a direct complaint. I don’t know where we are going to be at.

Mr. Malesker said I already talked to PENN DOT about that,

so, Mike Summerville, I met with him when I was in Dallastown

with an issue, what he said was, they may patch it themselves and

send the borough the bill. Look into the history and stuff behind

it. It may have been PENN DOT’s pipe, he was going to look into

the history. Terry Sprenkle said he is no longer in the position, he didn’t

have approval, he must have gotten shot down. Mr. Shearer said

we aren’t going to get an answer out of the county office. Mr. Malesker

said they are just waiting. Mr. Shearer said my worry is, fix the hole,

that doesn’t alleviate what caused the hole are we just going to move

the problem three feet in another direction. Mr. Malekser said that

cut was made toward June of last year. Councilman Naylor asked

do we have any documentation? Mr. Malesker said Mark Clark sent

notes and a couple pictures. Mr. Shearer said he and Terry Sprenkle

were on sight when they filled it in. The problem is they never topped

it properly. There is pipe exposed underneath, we have no clue, it doesn’t

appear that it goes into our storm system. Councilman Noll said we’ve

got to do something to top it. Councilman Allar asked did anyone talk

to a decision maker, if we could get a meeting, explain that there is a

liability issue and it’s a PENN DOT road, they know and understand

if someone injures themselves, they might write the thing off and take

care of it. Councilman Noll said we need someone with some political

muscle like a Senator Waugh or somebody. Mr. Shearer said that’s what

you’ll have to do. Councilman Allar said we can’t touch that, a section

of the PENN DOT road. Councilman Noll said the only way not to

get us involve is try to get someone involved. Councilman Allar said

he would make a call to his office. Councilman Noll said let me know

when it is and I’ll be there as well.

Maintenance Report

Councilman Noll said to move things along, to take Dana’s maintenance report and

have it submit it as a part of the minutes. If he has any quick comment let us know.

And the same thing with the Mayor’s Report. The secretary said it will be supplemental.

Prices Councilman Allar said when you get prices for maintenance at the basin

and just let me know and I can be there, Seth could be there. Councilman

Noll said Mondays and Fridays are well for that.

Stop Sign Councilman Naylor said the stop sign at Church and E. Water Street

is hanging over. The one next to the do not enter sign.

Zoning Officer’s Report Page 22

Councilman Noll said there is no zoning officer’s report. Anything for the zoning


Emergency Management Report

Councilman Noll said there is no emergency management report. Anything for

the emergency management officer?

Mayor and Police Report

Councilman Noll said we have a report from the Mayor, I’d like to enter that

into the meeting minutes. Anything else for the mayor?

Secretary’s Report

The donation from the Ambulance Club will put into the money market at Members


Doug Truax, our insurance rep came to the office last week, Councilman Myers got

the first call population from York and Windsor Townships and they were given

to the insurance agency, those populations have significantly increase, so there will

be an increase in workmen’s compensation insurance premium because of increased

population. Of course the majority of that will passed on to York and Windsor Township,

Doug wanted to make sure we knew because of the significant change, there will be

an increase. Councilman Myers has asked me that once I get that figure, I will write up

a letter from York and Windsor Township and he will personally take it there.

The secretary will start to have some daytime hours on Monday, Wednesday

and Friday. The letter will be sent to Mrs. Crull for the dedication and Ron

and Connie’s daughter. I will do that tomorrow.

Benchmark Councilman Allar said you got the information from Benchmark?

The secretary said all the information is in the file folder. I have

already have the bills copied, I haven’t been told to go ahead with

it. Councilman Noll said we passed the ordinance, let me take a

look at it, between now and the next the meeting. The secretary

said I think someone else has to make the decision. Councilman

Noll said I’ll stop down and take a look at it. The secretary said

I didn’t do anything about it, until I was told. I just made a copy

of the bills. Councilman Noll said I’ll give you a call. The

secretary said Monday or Friday will be fine.

Unfinished Business Page 23

Comp Councilman Allar said this is a reminder that there is going to be

Plan meeting open to the public for the Comprehensive Plan involving

all the three boroughs on June 23 at 7PM at the Red Lion Fire

Hall for those interested. There was some exposure in the newspaper,

in the weekly section about Yoe businesses. Councilman Noll said

thank you for that.

Newsletter Councilman Allar said I assume everyone was happy with the newsletter.

Councilman Noll said very good. Councilman Allar said last month

she mentioned about some software, the mayor said something about

some software from the school, he never got back to her, she wants

to move on, she’d like a motion for Microsoft Publisher 2007, then

when there is a 2010 upgrade its free. Its like $180.00, she can get

it on the internet for $99.00. The secretary said if she is getting it

on behalf of the borough, the borough doesn’t pay sales tax. I was

going to tell her if she could come up, we could do it online here.

A motion was made Councilman Allar to expend up to $110.00 for

the software, Microsoft Publisher 2007, which will be the borough’s

property. The motion was seconded by Councilman Howett. All

in favor. The secretary will call her. Mr. Shearer asked if there

were any delivery issues. Councilman Allar said I didn’t get a

phone call this time.

Light Poles Councilman Myers said a follow up on what Dave said about the

light poles, I asked the Fire Company and Ambulance club,

we don’t want to have a lower light at the fire company so I asked

the fire company to donate $150.00 to the borough. $75.00 from

each and send a check for the pole out front. Councilman Naylor

said I did some research on the mileage for street lighting. I thought

there was something for every resident, what I found out with

York Township and East Manchester Borough, the only people

that get street lighting tax are people who have street lighting at

their property. If you want to address that. That makes a big


YCBA Councilman Noll said the York County Boroughs Association

is having a meeting on June 24 at 6:30PM at the Bass Pavilion,

at Lake Redman, there is a menu, if anyone would like to go,

get a hold of the secretary.

New Business

Councilman Noll said there was no new business.

Payment of the Bills Page 24

Councilman Noll said there are some additional bills: Griffith, Strickler, Lerman and

Solymos for $3670.00(January through April 2010), Verizon Wireless for $51.29,

Stambaugh Ness for $200.00 for the Quick Books 2010. A motion was made by

Councilman Allar to pay the bills. The motion was seconded by Councilman Howett.

All in favor.

Continuance of the June 1, 2010 Meeting To 6:30PM on July 6, 2010

A motion was made by Councilman Allar to continue this meeting of June 1, 2010 until

6:30PM on July 6, 2010. The motion was seconded by Councilman Howett. All in