Monday, August 9, 2010

June 1st Borough Meeting continued & July 6th. Borough Meeting



YOE, PA 17313

Continuation of the recessed June 1, 2010 Yoe Borough Council meeting was called to

order by Council President Sam Snyder at 6:30PM.

Those in attendance:

Sam Snyder Dana Shearer,Maintenance

Seth Noll

George Howett

Tom Allar

Dave Naylor

Barry Myers

Wendy Coble Tyson

Councilman Snyder said that we ended with Part 3B Emergency Management Agency,

we did find out, the question was do we have to go through the Governor for appointment

of our EMA Coordinator. The answer is yes. I forget who Sandy said she contacted. They

go through Jeff Joy in York County, you nominate to him, he gets it up to the Governor

and relatively quickly its turned around. We do need to keep that. It is done when the

Emergency Management Coordinator changes. Part 4, they wanted to make sure that

we officially recognize the fire company for the borough, for certain activities, basically

worker’s comp, that hasn’t changed, they wanted to make sure that who we were recognizing. Part B, Volunteer Firemen’s Relief Association, it names the Yoe Volunteer

Firemen Relief Association, as the agency to receive those funds and they just wanted to make sure that’s the correct name. Is that the correct name? Mr. Shearer said that sounds

correct but. Councilman Snyder said it didn’t change. Mr. Shearer said if that was the way it was, it should be correct. Councilman Snyder said I’ll just leave a ? there for Sandy to verify. That’s all they need to know there. Chapter 2, Animal Nuisance, they’re

only comment, prohibit animals running at large and require the person to clean up

after the dogs and cats. Prohibiting howling and barking. What I wanted to point out,

Section 104, in the Section 2-104, it basically says that no person may keep or harbor

a dog that habitually howls or yelps. Actually under our noise ordinance, that is covered

under Chapter 10 Section 104-F, which has a ten minute time limit. The only thing that

I saw, is that section needs to be cross referenced. So that’s consistent with our Chapter

10. Councilman Snyder asked Councilman Myers if the name hasn’t changed for that

firemen’s relief fund, Yoe Volunteer Firemen Relief Association. Councilman Myers said

right. Councilman Noll said do we have a desire under animals for the number? Councilman Snyder said that’s covered under zoning. Under Chapter 27. That was one

of the changes that we did do, no more than four combination of . The way it was worded

was no more than 4 dogs, 4 cats, 4 guinea pigs so the way it was written theoretically you

could have 4 of each animal. So now we are changing it to no more than four period.

Continuation of the June 1 ,2010 Meeting Page 2

Councilman Noll said why wouldn’t we want to consolidate those percentages because

we are talking about animals at two different places. Councilman Snyder said because

this is, conduct, animal conduct, versus the amount of . This has to do if they are running

at large, things that they do. Not as much as the zoning, height restrictions, you can’t

have a horse unless you have 2 acres or more. Chapter 4 really hadn’t changed. Chapter

5, Uniform Construction Code. Part 1 was implementing it, it incorporated our new

ordinance from 2005. Part 2, was the Property Maintenance Code, the question there,

they wanted confirmation that, that didn’t supersede the Yoe Borough Property

Maintenance Ordinance, which was Part 3 of the chapter. Which I told them, no it

did not because that actually, the Property Maintenance Code the way that was worded,

actually for the rental properties and all the changes that we did there. Where as the

property maintenance under Part 3 was general trash accumulation, stuff like that, we

wanted to keep them separate. Part C are the amendments, that we requested, everything

we went over, if they don’t get their license on time, they have to get a re-license, so

many days to pay their renewal fee. Changed the definition, no longer, that you have

to receive compensation to be considered a rental property. We changed that definition,

if its not owner occupied, its going to be considered a rental property per our ordinance.

All those changes have been taken care of. Councilman Noll asked do we have any

desire to incorporate any of the building code property maintenance. Councilman Snyder

said I thought we did that. Councilman Noll said you have to be careful, because the

way you adopted the ordinance if you say you make current issue of the IBC, this is

part of one the chapters so to speak of the IBC, so you would adopt the new IBC of

2009, adopt the 2009 Property Maintenance Code, just want to make sure we know

what we are saying. Councilman Snyder said it says here, that, you mean under UCC?

Councilman Noll said yes, under UCC. Part 1, says Uniform Construction Code is

hereby adopted as the building code. And then for the property maintenance code.

Councilman Noll said we’re using an older version. Councilman Snyder said it does

if they update and say and all subsequent revisions. Mr. Shearer said I think that is

what we wanted they to do. Councilman Noll said so you’re using the 2009 Property

Maintenance Code. Mr. Shearer said not yet. Councilman Snyder said this isn’t

adopted yet. That’s why I’m trying to move this along, as soon as we get through

this and adopt it. Then all these changes take affect. Councilman Snyder said Part

3, the property maintenance requirements, if you notice in Section B, that’s where

the incorporation to change for the vector control which we had gone over. Which

basically is going to allow, that’s where Dan is going to have a lot more latitude

to clean up all these properties. Because its a lot more open. At that point then,

it talks about what a junk yard is, no dumping, it talks about barrels, boxes, cans

glass, its. Any dead animals, decaying matter, organic substance of any kind, its on

the lot, the building, structure, accessory structure, the premises in, along any

street, alley way, parkway. Its pretty comprehensive. Councilman Naylor said

is there any definition for blighted properties. Is there anyway to designate something,

is blighted, some point and see that its used. Councilman Snyder said we can if its

not in there. Councilman Noll said we may want to talk to Pete on the right to use

Continuation of the June 1, 2010 Meeting Page 3

of the terminology. Councilman Naylor said I don’t know if there is anything in there

that addresses that. Councilman Snyder said the term, the definitions that I got was

right out of the borough’s association, they are the ones that sent us this. As a matter

of fact, blighted falls under that brown field. Councilman Noll said there is grant money

associated with blighted. So we have to make sure we do it right. We have control and

go after them. Councilman Snyder said cause if it’s a blighted or brown field designation,

we would want to control that. The county and state comes in, that’s where super fund

comes in, because we were actually thinking of trying to get the Restuccia property,

when it was the Billet as part of the brown field. Actually it didn’t qualify, even though

it was abandon at the time, there was human waste there, oil. Councilman Naylor said

adding more terminology may help. Councilman Noll said I think we should ask

Pete about that because we probably position ourselves for WAM money. It would

be a good thing to put in there. Councilman Allar asked Sam, did Dan , actually stake

out like the properties like the Smith property, he has enough ammo to do that.

Councilman Snyder said he was okay with it. Councilman Allar asked was that specifically asked him. Councilman Snyder said not the Smith property. We asked him,

you know the ones we are talking about, I think at the time, like 210, that is another one

that keeps coming up, like their porch. He said this will take care people who are next

door. Because the way it was set up, you couldn’t go after someone who has furniture

out, the other people we had problems with, they set all this stuff out, its what is considered junk. Because they’ll look at it and say its not junk. When in fact if you

sit a sofa out on the front porch, they’ll say that’s my recliner out on the front porch.

So, this actually the way its written, if its not attended to be used as such, you can’t.

If it can harbor insects or mice. Councilman Allar said but again you can’t say if a

building’s not painted automatically harbors rats. Councilman Snyder said oh yeah.

Councilman Allar said we’re talking two different things. Councilman Snyder said

we still can’t get someone that doesn’t paint, unless we want to try to say it has

lead paint then it becomes a safety issue. Councilman Allar said that is what I’m trying

to get out, what kind of wording, maybe it’s a wording, use your terminology on the

properties we keep talking about, that Dan’s satisfied that he has enough leverage on

to site them. A property such as that. We keep getting complaints on it, people drive

through at the traffic light, and there it is. If this isn’t the wording, then we have to

go to Pete and get the wording. Councilman Snyder said this where I told Dan before,

we have to sit Dan at times, we want you to go after this. He has enough on the books

now to go after Smith. Just the fact, in our ordinance, in our current ordinance, under

building and structure, where it says, where the property or building has deteriorated

to such a point to be classified as a hazard. All we need him to do, the rain gutters don’t operate properly. His porch is in disrepair and is not able to function properly. He could go out for that under that section. Councilman Allar said its more than the porch.
Councilman Snyder said oh yeah, but if you start going after him to clean up one thing.

Councilman Allar said actually you can only go after him for the roof on the porch, not

the porch. Councilman Snyder said you could go after him for the vector thing, if you

want to be nasty you have to vector proof your whole house. To be totally honestly,

there probably is no house in town that could pass inspection you know what I mean.

Continuation of the June 1, 2010 Meeting Page 4

Because I have little holes in my house, can’t keep the ants and mice out. It gives

him the tools. Councilman Allar said that’s what I’m trying to do, I’ll call him,

just to make sure. There’s a tree that is dead that is going to fall down, at the

neighbor’s house, I’m not sure if we have the wording to take care of that, its

definitely a health and safety issue, how do you go about that. Councilman Snyder

said I think that’s covered under Section Part 4. Councilman Allar said he can

make that determination that, that tree is unsafe. Not the same thing as overhang

over the sidewalk for example, overhanging on another property. I’m not sure.

Councilman Snyder said we’re coming up to it. Councilman Naylor said on

Part E. Page 511. Councilman Allar said the way its worded here. Mr. Shearer

said some of the questions like Tom had, a lot of things, you already have one

ordinance for the rental properties, that is all inclusive. Pretty much takes care

of everything. You only applied that ordinance to a rental, if you apply that code

to all structures. Then you could use that as your enforcement. Councilman Noll

said that’s where the Property Maintenance Code comes in. Mr. Shearer said

that’s exactly what that is designed for. Councilman Snyder said Part 2 is the

property maintenance code for properties. Part 3 is for everybody. What he was trying to say, instead of going through all of this, he was giving council a suggestion to implement the Property Maintenance Code for all properties. Councilman Noll said it has a lot of

good things in it, but like here, you would define special deficiencies like that porch,

it becomes more than a roof issue, something can fall through it. Councilman Snyder

said I’m sure we can get someone from Code Administrators. Mr. Shearer said

Code Administrators, when we had these issues, we tried to bring Codes into these

things, Sandy back me up on this, the first thing that they asked, do you use the

Property Maintenance Code. We said only on rental properties. Is this a rental

property, we replied no. Councilman Snyder said if you go to part 1, we are to

use the UCC. Mr. Shearer said the state does not recognize the International

Property Maintenance Code as part of the UCC, even though its written by

the same people. Councilman Snyder said what you are telling us, is that they

won’t come and certify building to be unsafe. Mr. Shearer said its a lot harder

to get them to do that. Councilman Snyder said then we won’t use them, we’ll

go get our own engineer. If that’s what Dan wants, I’m just saying we don’t need

to make a federal case out of this, lets face it, until next year, things are going

to be thrown out that we bring up to her anyways. We’ll get someone from C.

S. Davidson. Councilman Allar said what is the consensus is the tree covered in

here or the tree isn’t covered in here. Councilman Snyder said the tree is covered,

what I was going to bring up to him was Section 5, 307.e, I’ll just change that from

any pedestrian to person. Councilman Noll asked is there, in reference to the

Property Maintenance Code, I’ve read the code, I understand it, I think it’s a very

good thing. Is there a reason why, we may not want to apply that to everything and make it part, I’ve read it and I can get you a copy to peruse through. You are talking about

a code that has been tested and refined, so to speak through legal and other challenges.

It gives you the ability when there are problems, to use the code to solve those problems.

You don’t go around and inspect people’s properties to find problems , when problems

Continuation of June 1, 2010 Meeting Page 5

present themselves, you go fix it, more so than what you’ve go here. Councilman

Snyder said put it this way, when we try to pass it for the rental properties, this place

was packed, that was people didn’t want on the private individual. My own personal

opinion is, while that’s open for discussion, because if you’re doing it for rental

properties, I don’t see why you can’t do it for the homeowner. This isn’t the venue

to discuss that. If we are going to redo and adopt a property maintenance code for

the borough,we do that separately outside of codification. Councilman Noll said

I think you would want to do it as part of codification, change what we’ve got.

I’ll make a copy for everybody, to read through the code and understand it. Dana

is extremely familiar with it, if you never read it then you can get acquainted with it.

Councilman Snyder said we can always come back to it. Let’s face it, we’re not

getting through. We actually have another meeting yet, they wanted this done by

August. We have all those other chapters to go through. Basically this should have

been done in a matter of week, those types of discussions were last year, I don’t want to hold up codification. I’m open to it, right now this is our final draft. Councilman Noll

said I understand, but if you want the tools to, it comes down to a question to the council

are we serious enough. Councilman Snyder said that’s the thing, we have the tools right

now, and I told Dan this, he has the tools to go after Smith. There hasn’t been one thing

filed on Smith. Until we go to court, and until we lose, and a judge says, you didn’t have this, we may not need that structural engineer, we’re over analyzing this stuff and its

because if they don’t want to enforce. I’ve had trouble getting weed ordinance enforced

and all the other stuff. If they don’t want to do the job, then we go and get someone

to do the job. I went over it with him, he didn’t have a problem with it. He has a problem with enforcing next door. Councilman Noll said I didn’t see here, from the fire company

standpoint, do you by chance want the abandoned buildings marked in anyway. I’m very

serious. Councilman Snyder said asked what do you think Pete. Solicitor Solymos said

I came in the middle of the conversation. Councilman Snyder said this thing is ready to

go to print, these are editorial comments. And now its coming up to redo the whole thing.

I don’t have a problem doing it but. Do I just tell them, print it and we’ll come back to it.

Solicitor Solymos said then you’ll pay to have it reprinted when you want to have it back

in with all the changes. I’m coming in late, ultimately its up to you folks, the key is enforcement. Councilman Noll said one thing I didn’t see anything, marked the abandoned buildings in anyway, to try to do that. Councilman Myers said typically what we do, enforce the ordinance, then fire company knows if the building is abandoned if its

on fire. It’s a safety issue. Councilman Snyder asked is that in the property maintenance code. What I can do, I can call Ken up, and say we’re basically nix everything we went

over tonight. Councilman Noll said I’d rather have it done right, not just to get it done

to get it done. Councilman Snyder said contracturally they held us up a few months.

I will call him. Everyone had this for two months, is there any issues that anyone had with any of the notes. Everything we went through on a monthly basis, I can tell him

the council is ready to go, the only thing we needed to discuss, was about the open

burning. If we discuss that next month. Councilwoman Coble Tyson said I haven’t gotten to everything, I’m not familiar with everything, I don’t want to hurry. Councilman Snyder said we have had it for two or three months. I can tell him we can have everything

Continuation of June 1, 2010 Meeting Page 6

ready by next month. So everyone have a chance to read over the comments. A motion

was made by Councilman Naylor to adjourned the June meeting at 7:06PM on July 6, 2010. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder

said June meeting is adjourned.

The regular monthly meeting of Yoe Borough Council was held on July 6, 2010 at the

Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting

was called to order by Council President Sam Snyder at 7:07PM with the Pledge of


Council members in attendance:

Sam Snyder

Seth Noll

Tom Allar

George Howett

Barry Myers

Dave Naylor

Wendy Coble-Tyson

Others in attendance:

Dana Shearer, Maintenance

Sandy Sterner, Secretary-Treasurer

John Sanford, Mayor

Pete Solymos, Solicitor

Steve Malesker, Engineer

Joe and Bob Strobeck, Residents

Brad Clubb, Flyway Excavation


A motion was made by Councilman Myers to accept the minutes of the last meeting. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said minutes



Bob and Joe Strobeck came to try to figure out what is going on with the new Orchard

Vista Hills program. We got one report from York County Planning Commission. I guess

our question to the borough, did you have time to look things over, any answers on anything yet. We’re completely in the dark in this. We just basically looked at it quick.

Trying to understand what is up with this and what is York Township into. York

Township is letting Orchard Hills Vista do anything with their plan, what about

Visitors(cont.) Page 7

drainage for the water runoff, stuff like that what are they doing with the subdivision.

Joe Strobeck said one of the questions I have is, on Third Street, cartway and the right

of way, I don’t know how it will work, mentioned having trucks going back. We wanted

to know what the discussion was on the sidewalk. Bob Strobeck said basically we just

wanted to know what was going on. Councilman Snyder said okay, well I can sum that up in two short lines, from Jeff Spangler of Holley Associates, on behalf of our client

Orchard Hills Vista LLC, we request that plan be tabled at the borough council meeting

tonight, and also hereby waive any time requirements to have the plan heard. Thus the

plan will be tabled. Do we need to make a motion to accept that to be tabled? Solicitor

Solymos said yes to accept it, you can do that, I think you have significant questions

that you’d like to ask them the next time they are here. Mr. Malesker said there are many

issues in getting the whole thing to work. I’m not saying that they pulled out. I’m not

sure of the reasons of why they asked to table it and I haven’t seen the comments of

the planning commission. A motion was made by Councilman Allar to table the plan

for Orchard Hills Vista. The motion was seconded by Councilman Myers. All in favor.

Councilman Snyder said so carried. Joe Strobeck asked will there be anymore discussion

on this tonight at all? Councilman Snyder said probably not, because we’re now in a

situation, we already had comments prepared, we already had our engineer look over it,

and we were prepared to discuss tonight with the concerns he made had come up with.

Which are. Councilman Solymos said whatever concerns that we have now, we are now

looking at York County Planning, how those comments dovetail with his comments.

To let the county know, so they are ready to go at their next regular meeting. Those

that are familiar with zoning, all those meeting we had with the township, which resulted in another plan being made. Councilman Snyder said without discussing the plan, because they requested the plan be tabled, would you say Pete, if the engineer would

be directed to review the plan and issued comments and has done so, and submitted

them to the borough and that would be part of the borough record. And such if you

would like to request a copy. That way you can see where the borough’s concerns

are. They asked us to table it. They probably had Mr. Malesker’s comments. Councilman

Noll said you could request a copy of York Township’s comments. Councilman Snyder

said as any good constituents would want to do, keep your council persons informed

if you have specific questions or concerns, once you gather all the information if you have further questions, feel free to give that council person, we would do the upmost

to look into those concerns for you. Joe Strobeck said the main concern I have with the

screen plan. I had the township out one time, they were pouring concrete. My concern is

that no matter what you do is that they work around it. I’m actually mowing, the screen of the hill up there, at the buffer zone, I’m taking care of the mowing there. They’re not taking care of it. Councilman Snyder said we have no control of what happens in the

York Township parcel but we do have control over the Yoe Borough parcel. I would

suggest you get a copy of his comments. Joe Strobeck said I do have one question, the weight limits on 3rd and 4th Streets? That they can’t circumvent. Mr. Shearer said we

did not enact an ordinance on that side of the street. Councilman Allar said a traffic

survey was done by the county. Mr. Shearer said we never enacted the ordinance.

Visitors(cont.) Page 8

Joe Strobeck asked is it possible to get that accomplished. Councilman Snyder said

there were reasons why that was held off. If the council chose to do that at the proper

time we would look into that.

Councilman Snyder said next on the agenda was Daniel Smith. Mr. Smith was not


Councilman Snyder asked any other visitor that would like to be recognized?

Jackie Snouffer said I live on the corner of E. Pennsylvania and Main Street. Awhile

back I had written a letter, requesting something to be done about limited site

distance when pulling out onto Main Street. You had written back and said it was

a PENN DOT road and I should bring it up to PENN DOT. The corner right across

from Yoe Parts. They trimmed it back and it got a little bit better, I let it go for awhile

hoping that it would get better. Now its worse than ever, its hard to pull out. I did

write PENN DOT a letter, they wrote back, and said the borough needs to send a

letter to PENN DOT requesting a safety study to determine site distance is inconsistent. If the study shows a hazard, then Yoe Borough may issue a fine, from the Pennsylvania

Title 75.6112. So I asking if you would write a letter to study that corner. Mr. Shearer

said we could request to enact a study and ask for recommendations. The way that the

Motor Vehicle Code reads, PENN DOT has the ability to remove hazards, there the hazard is the property, there needs to trim back. Councilman Naylor asked for properties

in the borough, don’t we have ordinances that would allow them to trim it back for the

site. Councilman Snyder said this is what I was getting at as far as requesting them to

do a study, its not a borough street, so technically its like pulling out for someone’s

driveway. Ms. Snouffer said but where the bushes are, they are on Main Street, if you

pull out, the bushes are all along Main Street across from Yoe Parts, they are on

Main Street, that is a PENN DOT road. Councilman Snyder asked are they overhanging

the sidewalk though? Ms. Snouffer said not much, but you can’t see. Solicitor

Solymos said you may need the ordinance, but I would certainly get PENN DOT

involved, because you want all the players involved especially if there has been accidents. Ms. Snouffer said there has been, the stop signs has been hit at least

four or five times. People come whipping around the corner, with the speed from the hill and the vegetation. Solicitor Solymos said the municipality is going to get sued, PENN DOT is going to get sued, the land owner is going to get sued. I think putting PENN DOT

on notice fulfills our obligations with the state. Councilman Snyder said we can only

go up to the sidewalk and the fact that its not a borough street, it technically like coming

out of someone’s driveway. Its private lane. Everyone owns it. That’s a nasty. That

has been an issue that has come up every since I have been on council for the last

twenty years. There shouldn’t be a stop sign, however the fact that there is one there, we

didn’t want to take the responsibility of being the one to take it down. Ms. Snouffer

said the stop sign has been replaced. Councilman Snyder said Dana has been doing that because he’s the one that is going through the LTAP classes, his recommendations that if

there is one there, he’s not going to be the one not to replace it. However there is no legal

basis for us to have one there, no on knows who put it there. The fact that there is a street

Visitors(cont.) Page 9

name of it, it doesn’t have a street name. Dana put the street name strictly for

safety purposes, so if there is a fire there, the fire department would know where to go. That’s actually just a private lane. We tried to get it adopted, when I first came on council

back in 1992, found out what all we had to go through to get a road adopted and it didn’t

fly. Ms. Snouffer said its very evident that it wasn’t maintained, we have to snow blow it and shovel it, pot holes in it. Obviously at one time Yoe Borough came in to pave it.

My next door neighbor, Sandy has lived there since she was little, she said it has gone

back and forth as to whether Yoe Borough would maintain it or whether they won’t.

Yoe Borough paved it at one time. Ms. Snouffer said I’m not here to maintain here, I am here to request that a study be requested, PENN DOT needs you guys to request it from

them. Councilman Snyder said we will send that along in, do you have a copy. Ms. Snouffer said yes, you can have that. Councilman Naylor asked have you spoken to the

property owner asking if they would trim it. Ms. Snouffer said and they did from the sidewalk, I want them gone. They just barely from the sidewalk. Its blocked and you

can’t see, I have five kids, its horrible. At night you can see the headlights, but in the daytime you can’t see. Councilman Naylor said I was just thinking that maybe if you

asked again. Ms. Snouffer said there are houses on that street that do have back

driveways to get out, the rental house. It affects the people that live there. PENN DOT

was out there and I went out and asked them what they would do because its difficult to pull out. I said lets start with bushes, the grade of the hill, lets start with something else.

They are aware of that intersection. The site distance is deficient.A motion was made by

Councilman Noll to make that request to PENN DOT. The motion was seconded by

Councilman Naylor. All in favor. Councilman Snyder said motion carried. Thank you.

The secretary said she will send Ms. Snouffer a copy of the letter and a copy will be

given to Mr. Shaw. Councilman Snyder said it will be probably be Dan that would enforce Title 75.

Councilman Snyder asked if any other visitors would like to be recognized? Bradford Clubb from Flyway Excavation said he is here again this evening for any questions.

Mr. Malesker said we can wait until the engineer’s report.

Solicitor’s Report

Solicitor Solymos said I think the only I had from the last meeting, do you still want an estimated cost on what it would cost to create a municipal authority, with forming a

joint municipal authority. Mr. Malesker said yes, did we apply for a joint application.

Solicitor Solymos said I think the idea was for the solicitor get involved in that. I’m

going high, $750 to $1250.00. I think you’ll find that’s high at the hourly rate.

Solicitor Solymos said you have a garbage contract that is ready to readvertise for

September. The secretary said it expires October 31, 2010, in the envelope there is

the copy of the addendum, a copy of the current contract and a copy of the letter that

was received from Henry Realty for your records and for you to take with you. Solicitor

Solymos said this is the request. Are we going to go for the same one? The secretary said

Solicitor’s Report(cont.) Page 10

just remember do you want to wait and do the addendum again, that mess like you did before or do you want the addendum incorporate into the contract. Councilman Snyder

said we want to incorporate that. The secretary said the addendum copy is in there but

its not in the current permanent contract. Councilman Snyder said one thing we

need to discuss. Anyone have any comments on the request from Henry Realty for

the dumpster? Mayor Sanford said I was contacted three or four years ago, there are

concerns from neighbors in that area regarding the request. Apparently there was a dumpster there in prior years when the previous owner had it, there was a lot of

runoff, so there are some strong feelings from the neighbors about that complex.

Apparently it was at the corner of the alley and Third Street, there is pad where

a dumpster had been. Councilman Myers said I don’t see what the difference is between a dumpster that is emptied once a week versus what they have now. Half their garbage now is on the ground. Councilman Naylor said it would be more contained in a dumpster.

Councilman Myers said the rodents can get right in there now. Maybe if they can fence

it in somehow. Discussion continued. Councilman Myers said now is the time that we try to find out when we can join in with another municipality like Dallastown and try to get our terms to adhere to their contract expiration timeframe so we can know when ours is to stop and then join with another municipality like Dallastown in our next contract. Councilman Allar said we may have to say in the contract that we continue on a month to month basis to get to the same timeframe as Dallastown’s contract. Councilman Snyder

said set up our bids for one year, as well as three year as we normally got, so we can

decided to pick one. There’s some wording if we got with a yearly contract that we extend it from month to month basis with anticipation of going in with someone else.

Councilman Allar said Dallastown is already in theirs. Red Lion is going to be signing a five year. Two year to go with Dallastown or a five year if we want to go with Red Lion.

Councilman Myers said can’t we call Dallastown and see when theirs is expired. Whether its two years or eighteen months. I don’t want to see us, we missed the last time. Councilman Snyder said if Pete can get this advertised, sounds like we are on the same

day with Dallastown, you said they have two years to go why don’t we just go with a

two year contract then. Councilman Allar said I wouldn’t worry about the days or any other terms, as along as we are on the same time table. The secretary said Dallastown’s garbage bills just went up this year, 2010. Councilman Snyder said do we want to word it to have Pete call the Solicitor from Dallastown. Councilman Myers said call Connie.

Pete, can we, say we have a thirteen month contract, if in the thirteenth month we can extend that for another year, is there something that you can put in that the price stays the same. Solicitor Solymos said you can put whatever you want. If you want to bid out five years you can. Let me know how you want it, let me know what my marching orders are.

Your responsibility is to pick the lowest responsible bid, if you think someone is not

responsible then, you can reject it. Discussion continued. Councilman Snyder asked is there any reason that you wouldn’t try to work it up with Dallastown, at that point

go ahead and advertise it, call Connie tomorrow, this way it doesn’t hold you up.

We’ll give you your marching orders now, call up to advertise for the amount of month’s until Dallastown comes due, whether its 24 months, or 16 months just coordinate with

Solicitor’s Report(cont.) Page 11

that. The only other thing I was going to bring up as an option, as you know we pay our own tipping fees, and therefore the only thing we are paying for is the collection. We only have one truck going through town except the truck that picks up the dumpsters,

as a way to cut costs. I know I’m not going to be the most popular person in town, when I say this. But did we want to consider doing away with recycling to avoid having a second

truck coming through town, so we are only having one truck. Personally I think that

should be able to reduce our costs by 30%. Now I know when Wagner was here that

he also has a recycling facility, he said oh no you won’t see that type of reduction. But I’m thinking if we bid it out without recycling, because by state law we’re not required to recycle, we may get some other garbage contractor out there that all they do is collect

garbage, and they could be as responsible as Penn Waste. I don’t like the idea of getting

rid of recycling myself, you know what, we all know what’s coming through with storm water and all these other things, we’re going to have some increases to look at. If we

can cut the cost of garbage collection. If you look back what we recycle, we are getting

79 tons of recyclables is what we are getting credit for, out of 660 tons of garbage, so

you are looking at 79 tons at $15.00 a ton which we are paying to get rid of, theoretically

we should be getting paid for your recyclables versus $56.00 a ton. There is a 30

dollars difference for the 79 tons. However, if you are running two trucks through

town once a week, now you only have to run one truck through town once a week, I’m

thinking you cut your costs by 50%. When all this contract is for collection. Do it as

an alternate. See what the numbers come in as, if the numbers come in that we have

raise our fee by $10.00. Or if we can do away with recycling and not raise fees at all.

That is something we can consider and discuss it then, I think we need to let our

options open. I want to go on the record here, I was the one that got recycling in town.

Still I am a believer in recycling. However when push comes to shove, and we’re looking

at a tight budget here, and we’re not mandated to do it. Keep our options open. We get

about $500.00 a year for recycling. It really upset me, when the recycling took off, instead of paying $15.00 to get rid of it, they should be paying us. Those cost savings have never been realized in our contract. So now its to the point, I think we need to look at it. Is everyone in agreement to have that as an option? Okay. So the other option would be no recycling. Councilman Allar said I think, like Barry was saying, put in about

flexibility. Councilman Noll said have a base bid for a pick up of everything and then

with a deduct. Councilman Snyder said and still make sure its understood that we are

paying the tipping fee. Solicitor Solymos said I’ll get it out in plenty of time that you can look at it.

Councilman Snyder said I had two items, one was we receive notice from the County of

York from the Tax Claim Bureau, the way they are changing their Real Estate collection for delinquencies. They are giving them a 5% discount, we won’t be taken off our

amount collected, if they pay after 31 days. If however pay within that 31 days legal

notice, that 5% fee will be deducted from the amount of delinquent tax that is collected on our behalf.

Solicitor’s Report(cont.) Page 12

Councilman Snyder said also we have been put on notice that the property at

169-171 S. Main Street is being put up for Sheriff’s Sale on Monday

October 18th. The reason I bring that up now. This changes the dynamics of things, we discussed last month about the weed ordinance. Now that we know its going

up for a Sheriff’s Sale and a lien could be collected. Do we want Dana to go out

and hire a contractor, not saying ARD, we want to get someone in there and get

it cut, this time of year. Probably won’t be cut again, and get the bill to Pete so

he can lien the property. I was also told, because I’ve been keeping up with Dan, because of the neighbors on the other side, its been, if I could put up with it, he could put up with it. I want to make wanted them pay as much as what we could. According to last week,

an arrest warrant has been issued, four citations have gone out, that’s Joann Teyral’s

magic number after the fourth citation has gone out, she’ll issue an arrest warrant. Hopefully things will work. A motion was made by Councilman Myers to have Dana

contract out as he sees fit, based on coordinate with Dan Shaw, because of the proper

notices and then send that bill to Pete, make sure you meet the deadline for

the Sheriff’s Sale. Each time we do mowing we have to file a separate lien. With the

Sheriff’s sale happening on October 18th, enough time to file another lien. You can move on the lien after the new person buys it. The motion was seconded by Councilman Allar.

All in favor. Councilman Snyder said motion carried.

Councilman Noll asked have you heard anything in regards to legislation in regards to

the Fireman’s Cancer Fund being set up. Solicitor Solymos said I don’t know about it.

Councilman Noll said I don’t know if you heard or not, they are trying at the State

senate now, with our relationship with the fire department, anything that the

firemen as far as cancer has a claim against the fire company, they have to prove

that the cancer was caused by what they were exposed to fire fighting. Councilman

Myers said he didn’t know how it would fly with the insurance companies. Councilman

Noll said I just wanted to make you aware.

Councilman Noll asked about the easement that Attorney Cook was looking into for the borough. Solicitor Solymos said he’s ready to go that, I’m glad you reminded me.

Councilman Noll asked did he get anywhere on the document policy? Solicitor Solymos said I’ll have to check.

Councilman Noll said another thing, with the liability that the borough has up at the park.

We may want Pete to take a look at our Park Rental Agreement just to make sure

things that are in there, allowing alcohol. They pay us to use the property but I don’t think we’re adequately covered, just to make sure. Solicitor Solymos asked if

there is a disclaimer in there. Councilman Noll said basically its just the rules.
Councilman Noll said from the liability standpoint, to do more about liability.

Councilman Snyder said if you are going to add in there a liability disclaimer.

Solicitor Solymos said it should have a hold harmless. Councilman Snyder said

if not, we need to redo it, lets clean up the contract as well and make sure

Solicitor’s Report(cont.) Page 13

we have the right to refuse rental on issues that come up. June 5th didn’t happen.

Councilman Noll said do we open ourselves for any liability for allowing alcohol we are not supplying it. Solicitor Solymos said I never liked the idea, I don’t like using alcohol

in a public facility. You’re going to get sued regardless, but I don’t we open it up for

our responsibility. Councilman Noll said I just wondered if we would want to consider.

Solicitor Solymos said if you want to consider to make it dry. If you allow alcohol you are going to get different types of groups. Councilman Snyder said as long as we have the hold harmless agreement in there, they are rented it, its their activity, they’re ultimately

responsible for the actions. Solicitor Solymos said there again you still have the aggravation. Councilman Myers asked about what kinds of groups rent it? Councilman Snyder said there are a lot of reunions, I think there are a couple of companies.

I don’t think a company picnic allows alcohol. Solicitor Solymos said the best is not to allow it at all. Discussion continued. The secretary gave the solicitor a copy of the park rental agreement.

Councilman Allar said we discussed with Attorney Cook about the property on East

Pennsylvania. I guess he was going to talk to you about it, C. S. Davidson has done

the survey. Solicitor Solymos said is this the property along the rail road line there.

Councilman Allar said right, its at the end of the grass. Solicitor Solymos said the

borough has been maintaining that. Councilman Allar said correct. Solicitor Solymos said for how long. Councilman Myers said for awhile. Solicitor Solymos said you may have mentioned it to Dave, he may have mentioned it. The question on that is that for quiet title, its an abandonment from the railroad. Councilman Allar said we have been maintaining it and its surrounded by borough streets. I know when C. S. Davidson did the survey as well as the rail trail people, no one can come up with anyone that has any remote claim on that property. It reverts back to the neighbors. Solicitor Solymos said

the action of quiet title is quite simple where it becomes complicated if someone wants to fight it. Unpredictable where the costs will be. If you do a straight quiet title, talking about $500.00 to $1000.00. Councilman Allar said the borough going back years, trying

to make a decision to try to take that over, even when C. S. Davidson did the survey.

Solicitor Solymos said I remember being out there, walking about three or four years ago.

Councilman Snyder said the problem was we didn’t know if the rail trail was going to

use it, we didn’t want to do a quiet title, and then they want it. They have come back to say that the only thing want to put it in, they weren’t going to use it, then the question became then did we want to proceed doing the quiet title again. Then there was a question of, the rail trail people said well, it automatically return back to private

ownership. Councilman Allar said that was a general statement. Councilman Snyder said so that was a general statement because it reverted back to private ownership, automatically and then that threw ours into question, did that affect ours or not. That question was never really answered, I think they said, it probably doesn’t affect our

property because we are surrounded by borough streets but that is a legal question we need you to say, yes a quiet title will take care of this and this is how much its going

to cost. That’s where it was left. Councilman Allar said you need the blueprints from

Solicitor’s Report(cont.) Page 14

Steve. Solicitor Solymos said that would be the last thing I need, once I prepare the documents I would have to attach it.

Councilman Allar said on the table in front of Sam is the paperwork for Benchmark.

We passed an resolution, actually an ordinance. Until those documents are signed its not going anywhere. I believe Pete has looked at everything in there. I want to make sure everything is okay. While Pete is still here, if there is anything in there that is an issue that Pete hasn’t seen. Legal review is done now. The secretary said the issue right now is Seth getting with me.

Engineer’s Report

Mr. Malesker said lets start with the dam restoration area. Brad Clubb is here tonight from Flyway. We had a good meeting this afternoon, trying to wrap up some items,

trying to close this thing out. Good discussion about the rock vanes, Brad has agreed

to come back and do some work on the rock vanes. We have noticed that on several of them water wasn’t coming in through the apex, the center of it. We are going to adjust

those. They will be putting additional matting down along the stream banks. That

was something that we talked to Jack Hill at DEP, that will require a change order because it exceeds the quantities that we had agreed by contract. Jack Hill from DEP had

said that there is additional Growing Greener money that the borough can use to pay for those items, as far as the matting. Mr. Clubb said as far as the matting, it’s a pay item

by the square yard. Councilman Noll said I went down and took a look at it, and Steve I think this is your typical detail of the veining. I just brought some pictures along. It doesn’t look the center is built down in. You can see in some of the pictures, the rocks

were at the head of the vein, instead of going down in. My biggest concern because we don’t have a good foundation down there, we need a lot of undercutting. We are going to lose these veins in a short period of time because it wasn’t built per front. Mr. Clubb said for the footer rock, we used a local source for the rock. It wasn’t satisfactory. It was flat angular. We are going to go and get rock out of York County at a supplier. Councilman Noll said one of the veins, I think its number seven from coming down the stream, looks like it had rocks associated with it. The seventh one down towards the front. Several of these, without digging down with a shovel, I can’t 100% say but most of them looked like they were just laid right on top of the stream bed. Mr. Clubb said every rock should have a footer. Councilman Myers said is that something you can prove that to us, is there a way to dig around there. You’re going to have equipment out there anyways? Mr. Clubb said we are going to rework it. Councilman Noll said maybe meet down on the site and dig down. Is it possible to see how the construction is? Mr. Clubb said stop out.

Councilman Noll said that was my biggest concern, just knowing the volume of water that goes down through there, how some of the, the upper veins look healthier as far

as the size of the rock, as you go down through, the rock size peters out. I am worried

we are going to lose those veins. Councilman Snyder asked Mr. Malesker are they some of the concerns that you had? Mr. Malesker said yeah, that is what we talked about today.

Is that where you used the really big stone? There was some on site, they were the two

Engineer’s Report(cont.) Page 15

man rocks. I looked at several locations, you can’t see them from the upper cut stream bed. Councilman Noll said I just want to make sure, we are getting ready to release

payment. Councilman Allar said I think there were two things, there were four of us,

at spots out there. Where it did not appear, this is at very low tide, we didn’t see

rocks underneath. Then there were a couple where there was huge rock, a pointed rock in the center, which is actually the opposite, we would want small rocks there because

there was such a large rock there it was actually dissipating the force outlet. Couple of veins there, its not that you don’t have the right rock, there’s a lot of rock out there,

its just mixing and matching which rock you’re going to put in there. You have a mountain of rock there in the middle which should be a side rock not in the center.

Discussion continued. Councilman Allar asked that the calculations on the birm be rechecked, as it was built to the specs. Mr. Malesker said I have the as built here.

Councilman Allar said I don’t want to go into it tonight. Discussion continued.

Councilman Noll said two quick concerns that I have, I know you were putting grass down, our performance bond will allow for reseeding. Does our performance bond Steve adequately address that? Mr. Malesker said yeah. Councilman Noll said the only other thing that I saw, looking around at the outlet structure at the bottom of the top basin, it looks like that piece is up higher than it should be. Mr. Clubb said when they lowered that, there is debris down there. It is part of the punch list item. Councilman Noll said up by six inches. Mr. Clubb said you can’t even stick your fingers. Mr. Malesker said they are going to do that. Councilman Snyder said basically everything that was brought up,

like with the veins, pointed rock, you already brought up with him on your punch list. Mr. Malesker said yes. Councilman Allar said I brought it up with Steve last week. About these veins. Mr. Malesker said yeah, and we had talked about it last week. I wanted your input on what you thought were wrong with the veins. Councilman Naylor said my only concern that I noticed, do you expect to have that much water in the pond all the time?

Construction as being, seems like there is water laying in there all the time. Mr. Malesker

said it depends, that is such a mucky area. Mr. Clubb said you have springs in the back

that is continually running. Councilman Snyder said it was originally designed to have

water in there. Back in the back corner. What I wanted to get clear then, their concerns

were what you already picked up and addressing it. That is what you had said about taking care of. So you feel we are in good shape then to sign the second request then.

Mr. Malesker said yeah, on this application of payment we are holding $10469.45.

That’s essentially 10% of the contract. Mr. Clubb said you are holding 10% retainage plus the maintenance bond. Once we’re done, you say we’re finished, you have a year

from that time to identify any issues. Mr. Malesker said we were talking up there too,

in most cases you do have to come back adjusting. Mr. Clubb said with the dynamics of the project we do have to come back and makes changes and tweak it. We are going to use much better matting. Councilman Allar said do you have a copy of the punch list items? Mr. Malesker said through emails. There are punch list from last week. There’s been several adjustments. We actually had them remove the sediment that was in the traps already. Councilman Snyder said what do we need to do to get these additional monies for this Growing Greener. Send a letter requesting that? Mr. Malesker said the

Engineer’s Report(cont.) Page 16

additional monies will be with the last application of payment. There will still be another application for payment after the final, with that it will be sent to Growing Greener.

That’s when they will authorize it. We don’t know what exactly the amount is going to be for that. Councilman Snyder said that’s taken care of. Councilman Noll asked are we all

taken care of at this point with DEP/Conservation District? Mr. Malesker said they are going to add the additional matting, 150 feet worth of bank. Ran out of quantity that

would have gone over, that was a comment that Eric Jordan had, and that will be added.

Met with Brian Linthum at the fill site and he said everything looked good there. Brett,

Red Lion had an issue, I guess there is a lot of water coming from that warehouse, he

asked us to put a swale through there. We checked with the Conservation District on that, he wasn’t keen on that, that would have the water go down toward that railroad trestle.

But Red Lion was very adamant with that, they wanted that installed. To keep Red Lion

happy we did put a little bit of a swale in, put some matting at the top of the outlet to keep away erosion. We tried to appease Red Lion. We did discuss that with the Red Lion Borough engineer, they really didn’t want us to put that in, but we are, because Red Lion wants it. If there is any issues with this, its Red Lion’s problem not Yoe Borough’s. And he agreed. Councilman Noll asked is there anyway we can get Eric Jordan in the next

two or three weeks out there to talk about continued maintenance? Councilman Allar said

that means bringing Dana into it. Mr. Malesker said I’m not sure when your plans to come back. Councilman Noll said I want to make sure that we don’t forget to do that.

Councilman Allar said we have to settle with Dana on what that maintenance is going to be and what the costs are going to be. Before we do anything, have a meeting with Eric

Jordan, he can gives us guidance. Councilman Noll asked did we get anything from Fitz and Smith or anything? Mr. Shearer said Tim gave us a time and material quote and Legend gave us a time and material quote. Mr. Shearer said we kind of talked with Fitz and Smith on onsite storage. Mr. Malesker said we did estimate that there is about another 1000 cubic yards of material that could go to the Red Lion site. Maybe a little

more. It depends on how long they will keep it open. If you guys continually fill it, you will continue to have the E & S measures. Councilman Allar said we’re going to have

safeguards. Councilman Allar said as a follow up, this is from the third comments of Eric Jordan, rip rap apron on the southwest culvert, 10feet in length has been reinstalled with other rip rap. Rip rap has not been replaced. Mr. Malesker said they are actually going to rework that a little bit. Councilman Allar said stream banks on earthern birm on the south west side seem to have been seeded however no erosion control, sediment is entering

Mill Creek erosion curve, around the second cross vein on the south west side of the

stream. Mr. Malesker said there’s none in there now. Mr. Clubb said a lot of those things were done on the site on June 4th most were taken care of before the report went out.

Councilman Allar said that’s good I’m just verifying. #7, interior slope has eroded

southeast of rip rap channel at the bottom basin. Mr. Clubb said that’s right below

Fitz and Smith. That area is now matted. Mr. Malesker said there’s a lot of water

that comes down. Mr. Clubb said he was on site when there was moderate to heavy rain on June 4, nobody was on site. Councilman Allar said this is the punch list of right now, as of 5 July. Mr. Malesker said there was one before that when we were talking about the

Engineer’s Report(cont.) Page 17

rock veins. One that was talked about before. Discussion continued. Councilman Allar said if we are going to meet out there, it would be nice to have the punch list. Councilman Snyder said it was mentioned about the rock veins on May 27th, this was from C. S. Davidson to Jake Romig. Discussion continued. Councilman Snyder said to Mr. Clubb of Flyway Excavation, we do appreciate you coming out, I do hope you understand what the borough’s concerns were, specially since getting three violation notices. Has us concerned, because we have to continue to work with them even after this contract long done and over with. On a maintenance issue we are going to have to continue to work with York County Conservation. That’s why when we keep seeing violation notices, it gets us a little jittery. Councilman Noll said when you know when you are going to be out there, can you let Steve know so he can email us the dates. A motion was made to pay the application for payment number 2 for $47716.42 by Councilman Howett. The motion was seconded by Councilman Naylor. All in favor. Councilman Snyder said motion carried. Councilman Noll said there was another sideline concern, on what inspector and all that means, so we don’t take a lot of time this evening, is it possible to get with

C. S. Davidson on a side bar and sit down and talk about the whole issue and really

get a chance to look at that, so we are satisfied. Councilman Snyder said in response to the email he sent us. Councilman Noll said right. I heard some concern and just want to make, the other reason, we are getting to go into the H20 project, I think everyone

needs to understand what an inspector, what we pay for when we get inspectors and

what we truly want to do. Councilman Snyder asked did everyone have an opportunity

to look over what Steve put together as far as explaining what an inspector is, what an inspector isn’t. What they can do, what they can’t do and who is ultimately responsible.

Councilman Naylor said and we may have to change the scope of what we ask

C. S. Davidson to do. At least in my mind to get what we are paying for. Mr. Malesker

said keep in mind, Flyway was out there forty hours a week, we had part time inspection, 2 to 3 hours a week. We were out there two maybe three hours at $75.00 an hour for the

$2400.00 we had budgeted. What we spent, he’s not going see a whole lot, he’s only there 5% of the time. Councilman Snyder said I think it summarizes pretty good when he said, even if did see a problem, they point it out to the contractor but ultimately they

don’t have the right to say, well you did this wrong. They are here to come back to us and say council, I noticed they did this wrong, this is what I say, he did say, I was going to recommend that I withhold payment. He can make recommendations, even if that inspector sees stuff wrong they can’t just, they won’t shut them down. Councilman Naylor said if we designate that authority to you. Councilman Noll said I think that council needs to understand how much time you put into projects, with the park we

did bi weekly meetings and other things. And we’ve probably should have done

some of the similar things, have to understand where we have the chain of command.

As far as H20 goes, we’re talking multi millions of dollars. I just want to make sure everyone is comfortable with this stuff, before we get into another project and they’re not happy with this stuff. I just want some discussion and look at our procedures. Councilman Naylor said I just had one more thing related to the inspector’s job.

Engineer’s Report(cont.) Page 18

I had that they estimated an hour a day for thirty days for daily inspections out there and come up with $2770.00 price. I came up with 12 ½ hours of inspection time based on the

report that you gave us. Is that complete? Are there reports missing? Mr. Malesker said actually Drew gave some of the inspections besides Steve Lehman. Drew was the project manager, he bills his travel time in addition to that. I think we’re at about $2300, $2400.

Councilman Allar said we never got all those reports, we’re going by the reports .

Mr. Malesker said they were by email, Drew’s were by email. Drew did not do an

inspection report, he came back with the issues. Councilman Allar said we got his emails,

none of his emails talk about inspection. The only email I can remember is the one when he was talking about suggesting to the contractor to use the by pass pump, then Jordan send back a nastygram about ten minutes later saying this isn’t a suggestion, its part of the plan. But as far as. Mr. Malesker said I don’t know what dates it went up to. Could be several more after. Councilman Noll said it may make it easy the way you do the cost thing, put the hours in under the cost code. That may be helpful. Councilman Naylor said I think where I’m going with it is, the construction inspections calls for a qualified

inspector one hour a day for thirty days, etc. I was expecting I don’t know how you make

up the time, an hour a day someone is out there checking. Not copying pictures at the office for an hour or two. Councilman Allar said two of the inspection reports is exactly that, one is taking pictures, second one. Councilman Naylor said taking pictures on site I can understand, charging time at the office for copying. Mr. Malesker said he’s got to

account for his time. Thirty hours of his time, in reality is twice a week, depends on when they were doing a lot of the dredging. We told him to hold off a bit, he doesn’t need to sit there and be watching them dredge. Councilman Naylor said I’m looking for a more accurate account. Discussion continued. Mr. Malesker said to get together to go over things, I don’t know if you want to wait until the project is done. I can stop by on my way home. Councilman Snyder said set it up an hour before you meet with Flyway. Questions are going to come up, you may say lets meet at the office. Mr. Malesker said I can run that report, for that certain phase. Concerns include the upcoming H20 grant. Mr. Malesker said we can meet and tie it in with getting with Flyway. Councilman Noll said let us know. I would like to be there, I know Tom would. Councilman Snyder said I’d like to have Dave there, because he has some questions, I think he needs to understand

how it works.

Mr. Malesker said on the park, since our last meeting, Legend did install a yard inlet.

You guys happy with that? Mr. Shearer said it appears to be working well. Mr. Malesker said I’ll take it off the agenda, but keep in mind that we do have one year performance bond, that will expire December 29,2010. Councilman Noll suggested a walk around

in early November to make note of anything. Mr. Shearer said one thing on the park,

we had Regal, the plumber, this is no fault of Legend. The way the drain was installed,

there is an open funnel underneath the sink runs into, at the kitchen. Councilman Noll said if it doesn’t run down quick enough, then we have produce, food in there, the water backs up through the sink. Mr. Shearer said the problem is, the one thing that we didn’t redo in all the plumbing, is the sewer line. And the line leading out of there, what is

Engineer’s Report(cont.) Page 19

required to tie in, unfortunately it connects down to a two inch pipe. So it does

not drain fast enough, going on to the floor, its already started to water log and ruin the

bottom of the cabinet. Regal was back they put a restrictor on, that doesn’t allow it

to flow as fast. They will not enclose that plumbing because of the fact that being

inspected, if we get audited for commercial building inspections. Code Administrators

is audited by Labor and Industry, there are very commercial permits issued in this

borough. They’ll not going to fix something that Code Administrators told them had

to be that way. Councilman Noll asked has the restrictor been working at this point?

Mr. Shearer said apparently, according to Gail, we still have the problem. Councilman

Noll said its going to be about a year until we will be able to fix the problem.

Every municipality should be audited once a year by Labor and Industry for the projects.

We have to let that time expire, to fix it properly. It was flowing but not coming out.

If you’re not use to it, and you are not aware of whats going on, it does seem like its

clogged. Councilman Snyder said remember to fix it next year.

Mr. Malesker said I would like explain the storm water assessment, I have four of them

I didn’t want to go over this entire thing tonight. Councilman Snyder said in a nutshell,

we submitted the grant application. Your assessment was done, based on the assessment,

we submitted the grant, had to be in by July 1st. You based the assessment based on this.

Mr. Malesker said we did analyzed things for capacity wise, and also condition wise.

Identified several areas, that need to be addressed. A lot of these areas are on Main Street, and lack on storm water. Install new inlets at Third and Fourth, that is part of the grant

applications for priorities. Everything is broken down into four priorities. There is high, the next, the third and fourth. Depending on what your grant amount is, if you don’t get the whole amount then we recommend you do what is on priority one. Discussion continued. Councilman Snyder said we are applying for all five priorities at one time.

Our total project is $900,000.00. What he did he broke it down, out of that $900,000.00 we are applying for a $567,000.00 grant, $299,000.00 the borough has to go into debt for,

that’s assuming we get the entire amount and we do all five projects. If they say out of the the $590,000.00 you’re asking for we’ll give you three, then we have to go back on those priorities and say this is what we can afford to do. Then this will be our cost estimate. Yes the entire borough is being addressed at one time, now its going to be based on money we get, we decide to chop the priorities up. He’s trying to keep all of Main Street that seems to be the worse, as one major priority. Then has the other priorities listed, five priorities, the fifth priority is simple maintenance. You really need to take

the time to peruse through it, it makes sense once you have the opportunity to look

through it. Look through it between now and next month. Its already been submitted.

So if you have questions as you look through this, come back, give him a call or shoot him an email. Councilman Allar asked was your estimate based on 2010 prices, we will probably have two years before we break ground. Mr. Malesker said there is an escalator

also included. I know it wasn’t 2010, we used 2011 prices and we included a 15% contingency. Councilman Allar asked and that’s how you got to the $900,000.00?

Mr. Malesker said yes. Councilman Snyder said I made sure that we added 3% for administration. Discussion continued. Councilman Snyder said we found out that

Engineer’s Report (cont.) Page 20

program actually pays for 2/3rd’s versus our 1/3. We originally thought it was a 50/50 match. The way that program is worded I’m not try to explain it, it works out that

they pay 2/3rds and we only pay 1/3rd. So that’s how the numbers worked out.

The worse thing we had was going in with Red Lion borough, we were waiting on them

to get their own fingers and getting them to us, because we are the prime applicant.

As of Monday I thought we were going on our own. Monday night is your deadline, we are acting alone if we don’t get Red Lion’s paperwork. Wednesday night Ben came to my house to pick up the signed papers. Discussion continued. Mr. Malesker said we will

be getting support from state representatives also, we typically don’t do that as part of

the application before its submitted. We like them to write a letter saying they support

an application that has already been submitted, so its already on their desk. Councilman Noll asked when will be know anything? Mr. Malesker said I think its February or

March. This is the borough’s to keep. The secretary said I will leave this out. Councilman Snyder asked Mr. Malesker to get a copy of the map for each of the council members.

The map is color coded by priorities, its numbered. You can see everything that the

$900,000.00 is for.

Mr. Malesker said onto Broad Street, they got the hydrant in. Mr. Shearer said they worked on the water service, putting the hydrant in tomorrow. During the excavation of the box culvert, a water main was physically penetrated through the box culvert.

It had a pretty good span on it. Mr. Shearer has pictures. Mr. Malesker said as part of our condition assessment we did not video this section because we knew it was in bad shape.

We didn’t notice that, not exactly using conventional wisdom to do something like that, so we didn’t anticipate of running into something like that. We did contact the water authority, the water authority did not want that to happen. Councilman Snyder said

I’m sure everyone is aware that we did have a sinkhole develop on Broad Street.

A declaration of disaster was declared by the mayor and signed by me as of Friday June 1, 2010. So we could initiate repairs and get that started. Those repairs, estimate at

that time, was around $23,000.00. So we went ahead. A motion to accept the declaration of disaster emergency so we can proceed with the ongoing repairs and make it

official by Councilman Allar. The motion was seconded by Councilman Naylor. All in favor. Councilman Snyder said motion carried, disaster is now official. Mr. Shearer said there are pictures to peruse. It is fixed. The final bill is not quite yet, as you can see how much has been excavated there. It ran across the street on a diagonal. There was no bottom to this thing, the box culvert. So the water line running like this, caused a larger excavation. We had a big hole and bring in a track hoe. In talking with Dave, we figured

the best course of action now, because we did eliminate the inlet that was on top of the box by the stop sign at Broad Street which did get some water into it. There’s two inlets

further up the street. What we talked about doing, basically peeling rest of the asphalt.

Because otherwise we are going to a have big zig zagged patch. Looks like a jigsaw

puzzle. Our plan to get a smoother surface, peel all the asphalt back to the intersection at Main Street, put on a three inch layer of 19 millimeter Superpave, leave it sit out for

a year. In essence we will get the final bill for the emergency work but our plan will be next year, we will again, make another project to come back in, we’re going to scratch

Engineer’s Report(cont.) Page 21

coat of 9 ½ Superpave to take out any bumps and then put in another

2 inch layer over top of that. Should be a nice road. Mr. Shearer said I haven’t met with Fitz’s asphalt guys. We probably will have to so some grading a little bit to get everything nice and smooth. Have the water going where it needs to go. When I met with Tim, and what he said, they had estimated a trench with a six in layer of asphalt. Right now we are talking about a three inch layer, roughly it shouldn’t be that much more.

There was asphalt in that figure. Cost in there for boxes that we did not have to use.

We weren’t sure if we have to use new inlets, and that was for three, $4200.00. What we decided to do, it would be a big mess to do the inlet at the corner of Main and Broad, we decided to wait for the H2O grant to handle this possibly. And then this whole section, figure it into the bigger plan, tie it into the other side of the street. We stopped at the edge of the sidewalk. Mr. Malesker said the box that was there was in good shape.

Councilman Naylor said we are going to have re-contour that road, get that water go somewhere else. We can get that blacktop to have the water go to the inlet. Mr. Malesker said the inlet up the street needs to be graded too, water is going around that. Mr. Shearer said that’s why we are going to a point north of that. Take that black top off and grade it to get a better crown right there so the water gets into that inlet and shoots straight across down to the stop sign. Councilman Allar asked do we need to allocate more money? Mr.

Shearer said should no have to allocate. I already talked to Gerry Wagner, we may have to decrease the money some, when we have those figures I will let him know. Councilman Naylor asked is any of this going to be tied back into the H20 grant?

Mr. Malesker said what you put into it, can be used as part of the match. Councilman Allar said before its been approved? Councilman Snyder said the way Ben talked, he said anything spent through January of this year. Councilman Naylor said that’s a big plus right there. Councilman Allar said if we spend thirty how much does that leave us. The secretary said about $50,000.00 but then you are going to have your stormwater assessment coming out of there. It will take you down to around $30,000.00. The secretary said you will get about $18,000.00 next April. Councilman Noll asked at this point it looks like the water authority is going to pay for the upgrade on the line itself?

The fire hydrant. Mr. Malesker said what I would assume, the water authority would be able to pick that up, and then modify into their tapping fees. The water authority is in the

process of modifying their tapping fee now, it hasn’t been updated in many many years.

The money, the valves were $5700.00 each to put those in. So, that’s going to be discussed by the water authority. Joe wanted to replace the water hydrant. Mr. Malesker said while we were in the process of lowering the line, they were going to have to replace the connection to that hydrant. Tie that into their pipe. While he was putting in a new connection to the fire hydrant, he was going to go the whole way across and move that hydrant back on the inside of the curb. Whenever he has the opportunity to move one of hydrants back. Mr. Shearer said the total from Fitz and Smith, is not all money due to Fitz and Smith, we’re paying the materials directly. So that we don’t incur an up charge from Fitz and Smith. Tim suggested that we take care of the billing on materials. Save money to us. We’re in the process of receiving all the bills. That’s part of that $23,000.00 figure.

Engineer’s Report(cont.) Page 22

The secretary said we are suppose to talk about the bill for the under drain of $250.00.

Mr. Shearer said there is a bill for $250.00 for an under drain, the materials that we

use are suppose to be of PENN DOT specs. Basically when we were excavating out of the box, we ran into numerous terra cotta pipe that entered into the box, that the homeowner had no idea what they were. What we did about mid way down the installation of the pipe, we installed on both sides of the pipe, the under drain. Any ground water along side the drain pipe, will eventually make its way into the drain at the end. Basically that is what we did, installed the under drain pipe wrapped in a filter sock.

Councilman Allar said the alley up from there along Main Street, Newton Alley, there were some issues there, some kind of undermining going on, it started caving. Mr. Malesker said yes, there is a sink hole there too. Councilman Allar said was there water under the ground further on down. Mr. Malesker said this was caused by the lack of

bottom. Mr. Shearer said this was caused by the spring water that basically flows down from Main Street, that constant flow of water at the bottom of the box is gone. The sidewalls and top are still in placed and in good condition, that water was scouring out

underneath those side walls. Councilman Allar said its collecting underneath? Mr. Malesker said its coming from two different pipes going into the inlet. Mr. Shearer said its in the storm water system, when it gets, it goes to that junction box at the corner of

Broad and Main. Councilman Allar said its my understanding that at Newton there’s water undermining outside the system. Mr. Shearer said this was caused by water that was escaping out of the system. Discussion continued. Mr. Shearer said we put the under drain in, to carry that water away. The question we had. The secretary said was it doesn’t have specs, so then we have to pay it out of general fund. Mr. Malesker said we can check Bulletin 15, to see if its there, as an approved product. A motion was made

by Councilman Noll to pay the $250.00 out of general fund if it doesn’t muster for liquid fuels. The motion was made by Councilman Naylor. All in favor. Councilman Snyder said motion carried.

Councilman Noll asked if an executive session is needed for Orchard Hill. Councilman Snyder said since its tabled we can’t discuss it. Look over the comments, you’ll get the gist of some of the issues. Councilman Allar said I’m relying on Seth, I know you did

the bowl example, but I’m not sure, that the part that is within York Township is part of that bowl, with capacity. Councilman Snyder said one of arguments that I just happened to notice that came up, was permission to hook into the system. Mr. Malesker said keep in mind, if they would want to hook up into, they would have to do a capacity assessment of your system that they are tying into, which they would find to be undersized in that area. It would be up to the developer to pay for your storm water. Councilman Noll asked we had a meeting with York Township, do you want to talk about any of that? Councilman Snyder said we will keep that, and discuss that when we actually have to discuss the plan. Councilman Noll said the two engineers are putting together a common list of things, questions for the developers, very good meeting with York Township.

Engineer’s Report(cont.) Page 23

Mr. Malesker said before Seth goes, I did provide my letter certifying that is very high probability that the spring lines are what’s being mentioned here in the minutes and Sam did provide some excellent photos showing the two water troughs. He had thought there was just one water trough, but we did find that there were actually two. That is mentioned in the minutes. What we don’t know for sure, no one has ever done a deed search going back to the early 1900’s to verify which one was Jacob Taylor’s house, etc. We hadn’t investigated that far back to determine previous property owners. That is something you may want to consider but Dana has gotten some costs. I know was authorized up to $2500.00 to put a package together, but Dana was getting prices from contractors for under $10,000.00. Before I expended any additional borough funds on engineering, I was kind of leaving it up to Dana. Discussion continued. Mr. Malesker said I did talk to Gerry Wagner, from Municipal Services, and what he said you’re tying this into storm water, call it a storm water project, it can be paid for out of liquid fuels if we are tying it into storm water. Mr. Shearer said we’re getting prices pushing right up to the ten thousand limit. Between the Boltz house and Ail house, 187-197, the brick house beside Sam’s house and the house at the corner. If we decide because of these of pictures if we decide to go up a little further in the Ali yard, there may be some additional expenses. Anything over ten you have to bid, anything between 4 and ten you can get phone bids. Mr. Malesker said keep in mind, you could award this to under ten thousand, you could issue a change order to increase the scope, but you still can technically. Mr. Shearer said I got a price from Fitz and Smith and Legend, they’re extremely close. I’d like to get a third number from Restuccia, kept delaying because he is tied up on other jobs. We had the number from Brubaker, the directional bore people with a back hoe, their price

to do this as a directional drill instead of an open cut was $14, 249.00. I asked them to give me an open excavation cost. What their estimator told, they won’t give us an open cut price, because their rock bottom price is for the directional drill. Discussion continued. Mr. Malesker said whatever goes in you would want a permanent easement.

Curb to curb would come from the property owners. Councilman Snyder said just one question. which inlet box are you talking about. Mr. Shearer said the one at 171.

Councilman Snyder said just keep in mind, that property is going to Sheriff’s sale.

Discussion continued. Councilman Allar said that we do this in such a way that we are protected. Because we don’t know where this is going to lead. A lot of people with water in their basements today, more next month or ten years from now, this could be president setting. To make it very clear cut that this is a borough responsibility. I don’t see that

I don’t see Yoe Borough even mentioned. There’s nothing, our engineer is not certifying to me that this is a borough pipe, that we are going to fix something that the borough has responsibility on. I was hoping to get a little bit more quantification, than high probability. Come up with a different number. Mr. Malesker said this is what we discussed when we met. Councilman Allar said I don’t know what you discussed, I wasn’t there. Mr. Malesker said if you want me to modify this letter I can do whatever you want me to do. Councilman Allar said if high probability is 80 to 90%, that would make me feel more comfortable. Then when the next guy comes in and says there is borough water in my basement, I can say, prove it. When we did all this stuff on North

Engineer’s Report(cont.) Page 24

Main, our borough engineer certified it was Yoe Borough water, do you have

something in your hand that can say the same thing. Because that’s what our engineer says, there’s nothing in here that mentions Yoe Borough, it doesn’t say

this Yoe Borough’s responsibility. Mr. Malesker said that’s why there is all the attachments. Councilman Allar said I want a statement, whatever we are dealing with here. Mr. Malesker said I can add a line, as such, since the borough installed these lines, it’s the borough’s responsibility to maintain them. Councilman Allar said something to connect what we’re doing with Yoe Borough, otherwise. When you talk about liability and you start going on people’s property and doing these kinds of things, believe me, renting out the park or the rail trail or any of these other things, nothing compared to the law suits that we could get in here from other home owners. Discussion continued.

Mr. Malesker said deed research would identify the properties mentioned in the minutes, to the point of it is what it is. I can’t say without seeing the deeds other than high probability. Councilman Allar said I’m just looking for a conclusion. Mr. Malesker said it would certainly help if observation through deed researches to tied down exactly where

Jacob Taylor and the other ones mentioned here, were, the troughs exactly that takes out the high probability. Councilman Snyder said I can give you a copy of the deed. Mr. Malesker said that helps. Discussion continued. Councilman Myers said I will stop down town and look at the deeds. I think we need to move ahead and get that stuff. Discussion continued. Mr. Malesker said when we open the trough we can camera up stream.

A motion was made by Councilman Myers said that we take the quotes that Dana has gotten from the contractors which are under $10,000.00, under assumptions that we have currently of running from the Ali property down to 171 and tie into that box, take care of water and do the dye test as part of the borough water system. The motion was seconded by Councilman Howett. Councilman Snyder abstained. All in favor. Councilman Noll said I’ll give the solicitor call tomorrow about the easements. Mr. Malesker said Dana if you need anything from me. Councilman Noll asked how many properties, 197, 187, 181, 179, 171. I will let it up to Pete. Discussion continued. Councilman Snyder said get with Pete to know what his position is about the property at 171, knowing its going into Sheriff. He may have to do some legal research. There is money available, keep that separate for the H20 grant process. Maybe that can be added in. Discussion continued.

Councilman Snyder said I met with Adam Smith of C. S. Davidson on June 4, 2010,

and we went over the MS4 Annual Report from C. S. Davidson to the borough. His

assessment is that we are in compliance for MS4. With what they had gone over, it was broken into six sections. MCM1 was public education and outreach, MCM 2 was public involvement and participation, the real meat of it came with MCM 3 illicit discharge

protection and elimination. We adopted our ordinance in June 2005 and they feel that is up to code, except they have to do a new map for the borough for the outfall structures.

He was going to take that back to update that, so we will have a new map as of June

2010. MCM4, the construction site storm water control measures. That’s actually what

the violation notices had to deal with. At this meeting, one of the things he went over,

as part of the rectification for that, is a protocol of complaint. The secretary said she

Engineer’s Report(cont.) Page 25

sent everyone, one of those. Councilman Snyder said we have to adopt that as the new measure in the form that we will use as a complaint. I went over that with Sandy,

making it, idiot proof. Who you call for what, when you call for what. A motion was made by Councilman Allar to adopt the new form for MS4 complaint purposes.

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

said motion carried. The secretary said the public participation information, a copy

was give to Stacy to put in the next newsletter. We will then give Adam a copy

so he can see that we are trying to get that information to the public. I also forwarded

the Cottrell situation with York County Conservation District, that being the latest

violation before the dam. I sent you a copy of that via the email. Councilman Snyder

said that was one thing that was brought up on handling these complaints, make sure on a routine basis, the protocol, which is why that log form was set up, we pass any of those violation notices on to him. MCM 5 which is post construction storm water management and redevelopment which is we have to email YCD violations. MCM 6 Pollution Prevention and Good Housekeeping, went over the pre storm even cleaning that Dana does, educational forms that he provided to us I provided to Dana. I also reported that he attended the dirt and gravel road seminar for training. We got credit for that. The updated Chesapeake Water Shed amendment. The EPA notice that we received, basically it was a misunderstanding between EPA and DEP, not knowing how levels of Pennsylvania interacts and who actually handles complaints. Our violation that we received down at the dam, DEP has overall control but YCD issues the complaint, they have no enforcement, they have to send it up to DEP to say hey we issued this, you have to follow through with it, if they decide to follow through with it, they do, if not they don’t. That EPA didn’t understand how that worked. That’s why we got that federal notice of non compliance.
C. S. Davidson will reply by July 29th which I guess was for the federal notice. The bill is being disbursed equally among all the ones that got notices. The prorated out accordingly.

Mr. Shearer said in case anyone didn’t notice, PENN DOT fixed the hole on George Street. Councilman Allar said that was compliments of Nadine from Mike Waugh’s office. Mr. Malesker asked did the crack seal it? Mr. Shearer said they didn’t seal it. Councilman Allar said there will be probably be a meeting with PENN DOT that the chief of staff from Mike Waugh’s office has set up. I’m not going to hold out a lot of hope that PENN DOT is going to take any responsibility here. At least we’ll get a decision. Worse case, we’ll get a bill. Maybe not. If you open it up, its ours. Mayor Sanford asked what is the meeting on? Councilman Allar said to determine on a long term basis whose responsibility is for that section. Is it going to be open, filled in and done properly. Whose going to be doing it. Right now, I think its going to continue to have sinkage there. Mr. Shearer said like I said before, it was giving me warm and fuzzies, with the pipe down there carrying water. Councilman Allar said rather than just continue in limbo, at the meeting, since we weren’t getting anywhere with the

district people, need a little bit of push, that’s why I went to Waugh’s office.

Maintenance Report Page 26

Mr. Shearer said most of the big things on my report were already covered.

Mr. Shearer said the one big thing I do have left. The price of the new DVR at the park, I don’t know if we ever got an official approval, $2800.00 to put in the new DVR because it stopped recording. Why we are doing that, we are going to have them add a camera

overlooking the bathroom area off the end of the pavilion and tie it back in. It has not been done yet. A motion was made by Councilman Myers to purchase a new DVR that has a multiplier for $2800.00 The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Mr. Shearer said I don’t have the price worked up yet for the supplies for the dug out roofs. They told the old roofs off. They’re going to put the new roofs back on, with the tin. I figure about $500.00.

Mr. Shearer said we did send Red Lion’s mowers over to Messicks. Its losing power on the slopes. Maintenance costs on that, I took the lead on it. The secretary asked if we will get a bill for half of the costs. Mr. Shearer said we will have to wait and see. Councilman Allar said we may want to get a newer one. Maybe between Red Lion, Dallastown and Yoe. Mr. Shearer said we talked about sharing equipment before. We could continue to discuss that in the future.

Mr. Shearer said Sandy did receive a call on the tree up there in no man’s land up on East Pennsylvania, the limb is done. The neighbor called to complain that it may fall down on their house. We’ll get it cleaned up.

Councilman Allar said if you know of something on a mower and a grant, let me know.

I can talk to the manager over there.

Councilman Allar said I just want to recap what our plans for maintenance on the basin will be. If I am going to set something up with Eric Jordan I want to be clear on what we are going to be doing. The way you see it Dana, we’re going to be using a back hoe.

Probably Fitz and Smith. Mr. Shearer said Tim quoted me time and materials on an

excavator, could give us a little more reach. The tires may tear up a little bit of grass, we may have to reseed. Using their dump trucks and hauling up on their site. If it flows, if need be for future. John Deere 490 Excavator at $95.00 an hour, a truck at $72.00, time and material to remove and haul it away. Councilman Allar asked would you prefer to have it dumped at Fitz and Smith? Mr. Shearer said overall I think that would be the smart thing to do. Mr. Shearer said when you set up the meeting with Eric, it would probably behoove us to have Tim up there. Because he had mentioned, he didn’t see a problem with it, depends on how things are with County Conservation, on how involved it is. He’s aware of that. We can haul it over there. I’m sure we’re going to end up paying for any E & S measures, depending on what Eric will require. Discussion continued.

Councilman Allar asked do you have a rough idea how long you would be out there?

Maintenance Report(cont.) Page 27

Five hours? Mr. Shearer said well, its going to be a couple buckets of full. Discussion continued. Councilman Allar said let’s estimate it at $850.00 each time he comes out, so times 12, its going to run about $10,000.00, that’s not counting any separate E & S measures that we would have to pay for. The fence, rather than move it, do you think we could just put a large gate in there, that would satisfy it? That seems to be the cheapest way to go. Mr. Shearer said it was $2295.00 from Chris Ross and $1930.00 Security Fence. Councilman Allar said there seems to be two ways, we either move the fence back and then we still require a gate to mow at the other end. Mr. Shearer said you would need to put in two gates because you need to get out the other side. Councilman Allar said for the gate, you would have to re-contour the ground. Or keep the fence the way it is, put in a large gate. The equipment would come down between the space where the fence is

and the bank. Go through the gate to access to the creek. We’re looking at roughly $2000.00 for the gate. Someone want to come up with a cheaper way. We looked at suction, suction is very expensive. Discussion continued. Mr. Shearer said Tim of Fitz and Smith understands that we have to do what County Conservation tells us. His dump trucks are not sealed. We can find out from H and H on their dump trucks. Councilman Allar said speaking of Eric Jordan, Sam, just for qualification here. Two months ago you mentioned that he had called you and he said something about it not being a big deal, kind of apologetic and so forth. I talked to him I don’t know how many times, and I brought up about your phone call. He said he never called you. He said I talked to Sam Snyder, three or four years ago, and then it was about the Paddock. The secretary said Sam documents his phone calls. Councilman Allar said so does Eric Jordan, after about a half hour he called me back, he said he checked with everyone in the office. No one

talked to you. He has a log. He checked the log to make sure his memory wasn’t faulty.

There’s nothing in there about talking to you. Councilman Snyder said I have a bad memory and that’s why I write things down in the book. I wouldn’t have written down

in the book, pages like of what his conversation was. I don’t trust the man, which is why he is down here at us. Discussion continued.

Zoning Officer’s Report

Councilman Myers said the report from May says 4 ½ hours and 15 miles.

Councilman Snyder said you are going to contact him about what he has to do.

Emergency Management Coordinator’s Report

Councilman Snyder said there was no report.

Mayor and Police Report

Mayor Sanford said he is submitting his log along with the police report.

Mayor Sanford said I have a call in about the misdemeanor arrests and why they were

Mayor and Police Report(cont.) Page 28

so high this month.

Secretary’s Report

The secretary said the office hours will be 8AM till noon Monday, Wednesday and Friday. It will be posted on the website and was given to Stacy for the next newsletter.

The secretary said the CD for 11 month for Capital Reserve for July 10th. The funds were split in half. We are going to have to go to a twelve month. Is there any changes that you would like to have? There were no comments.

The secretary asked if there were thank you’s sent for participants in the Flag Day ceremony. No thanks you’s were sent. The mayor will get the address for the ROTC.

Councilman Myers said the check for the fire company, what are you going to do?

The secretary said last Thursday, Randy Sharpe was to talk to Citizens Bank.

Councilman Myers said I’ll have him call you tomorrow. The secretary said I would appreciate it if you would. The secretary said we had a problem with the check issued to the fire company for the ½ year contribution. As you know now we require two signatures on the check, which was effected June 4, 2010. The bank rejected the fire company’s check because there were not two signatures on the check, the check was dated June 2, 2010. Two signatures were not needed, they rejected the check.

I called back and forth. Councilman Myers said they charged the fire company for an overdraft. That was handled, they reimbursed the fire company. The secretary said we don’t know where the check is. I will call them tomorrow.

Councilman Snyder said we have in our packet, we have information from York County Parks about the Christmas Magic, The Festival of Lights to sponsor a week. Do we want this in the newsletter? Councilman Myers asked what week do you want? I said December 5 through 11th. We need to put it on the website and publicize it in the newsletter.

Unfinished Business

Councilman Myers said we are slowly moving forward with the vegetation training. I had to get permission. I haven’t gotten any information back, to utilize my license for here.

The game plan is once I get my license transferred over, I am going to make Dana a technician that way he won’t have to go through all the schools. We still have to get the books, I will get them when I have permission. The secretary said Dallastown is willing to split the cost of the books because she needs to get one of her persons certified, would that be able to do that? Councilman Myers said yes that would be satisfying once we are done with them. Certification is every three years.

Councilman Allar said the comp plan meeting will be here on July 14 at 10 AM and

Unfinished Business(cont.) Page 29

July 21st is the community one at the Dallastown Borough Hall at 7PM.

New Business

Councilman Snyder said we did receive the public water consumer confidence report from the Dallastown Yoe Water Authority, that is displayed on the borough bulletin board.

Councilman Snyder said we also received the second quarter reliability and response report from Yoe Ambulance Club.

Payment of Bills

Councilman Snyder said there are some additional bills to be added to the list:

VISA $155.70, Columbia Gas $26.57, Columbia Gas $15.11, Verizon $37.87 and

Mete Ed $49.65. A motion was made by Councilman Myers to pay the bills with the additional bills mentioned. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said bills paid.

Recession of the July 6, 2010 to be continued August 3, 2010 at 6:30PM

A motion was made by Councilman Myers to recess the July 6, 2010 meeting to continue on August 3, 2010 at 6:30PM. The motion was seconded by Councilman Naylor. All in favor. Councilman Snyder said meeting is in recess.