Monday, October 11, 2010

Yoe Borough Minutes - September 7, 2010



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on September 7 ,2010 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called to order at 7:05PM by Council Vice President Seth Noll with the Pledge of Allegiance.

Council members in attendance:

Seth Noll

Tom Allar

Barry Myers

Wendy Coble Tyson

Others in attendance:

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance

Steve Malesker, Engineer

Pete Solymos, Solicitor

Ed Ward and Scott Wagner, Penn Waste

Jamie Tyson, Resident

Carla Reichard, Resident

Jerry Pickel, Wildlife Enforcement


Councilman Noll said if you didn’t see the emails going around, Sam is under the weather, with some medications and things. George is not feeling well. We do have an open council seat and the mayor will not be joining us, he was pulled away for another meeting with school business. We will move this along as best possible, when if anyone would leave the meeting, we would no longer have a quorum, then we wouldn’t be able to conduct borough business.

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Councilman Noll asked if everyone has had a chance to look over the meeting minutes. A motion was made by Councilman Allar to approve the meeting minutes from August 3, 2010. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Noll said minutes approved.


Jerry Pickel said we are going to revisit our contract with you for removal of pigeons in the borough. Councilman Noll asked is there any background, I haven’t heard much about pigeons. Mr. Pickel said basically Tom has brought it to my attention. Councilman Allar said you saw them at the church and pretty much the block near the church. Mr. Pickel said you have a large quantity of them. I have zeroxed information out of the University of Nebraska, on management, on damage and the CDC on diseases that could be picked up by the general public walking the sidewalks. There is 3 major diseases, there is somewhere around 62 different diseases and parasites that can be picked up. The house that is two doors from Tom is abandoned, one of the neighbor’s called me. Between you and there. And also the Yoe Auto Parts. Councilman Noll said is this something we should have the zoning officer look into to issue citations. Mr. Pickel said I worked with Jean Capatch from Dallastown Borough Council, she had a major problem over there. Took it to Borough Council, they are not as lenient as Yoe Borough would be in this situation. It’s the property owner’s problem, let the property owner take care of it, its not the borough’s problem. Jean Capatch hired me to remove pigeons, we removed a few pigeons and the thing about it is, in

this time frame, we aren’t going to be extremely successful at removing a large quantity. Because what you have right now is you have a resting sight

instead of a feeding sight situation. And its past the nesting situation, they are outside of breeding. I would more concerned about pigeon droppings on roofs, on sidewalks and things like that accumulation over a period time.

Councilman Noll said my only point would be the reason we have the pigeons is because homeowners have created opportunities through neglect of their property or abandonment, it becomes a zoning issue as well. Mr. Pickel said I wouldn’t say that, I wouldn’t say it, I know what you’re

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pushing for, you’re pushing for a zoning situation and I wouldn’t say that,

because I can’t see that it’s a zoning situation. Especially at Yoe Auto Parts,

the nests are extremely high, they are high on top of that extended roof they are just up there moping. That’s nothing that the property owner that they could be responsible for because they can be there today and not there for the next three weeks. So as far as a zoning situation. Councilman Noll said we are talking about buildings that are derelict to a point that they are going into windows and going inside. Solicitor Solymos said you are talking about a nuisance situation being created by the property owner. Mr. Pickel said I can’t say other that the property down from Tom being deterioting I can’t say there any others like that. Councilman Allar said the problem is though, they have say a particular property owner, they say no they’re over there on that home or that home. The second issue, there is an immediate health and safety issue here, we go through zoning, who knows how long its going to take, particularly with the people we are dealing with. We could be talking

about this a year from now. Councilman Noll said put if we don’t stop them from being able to roost in other things, if there is a problem. Councilman Allar said Jerry says he can remove them, he removed them in Dallastown.

Councilman Noll asked how much money are we talking about. Mr. Pickel said not an excess of $500.00. Councilman Noll said I don’t have the budget in front of me, what does that do? The secretary said I don’t have that ready, I can’t tell you that. Councilman Allar said I’m just worried that with zoning that this will drag out. Councilman Noll said there may be another answer to that we have to follow through and allow them access to come back. Councilman Allar said I think we are going to do something about this particular property, I think it’s a dual course. Councilman Noll said that’s what I’m saying. Councilman Allar said the quickest is letting Jerry, he is licensed and so forth, well within his authority to do, he’s licenses in

the state of Pennsylvania. Mr. Pickel said I think Sandy have the current liability insurance, and that insurance covers the release of an air rifle.

If you would trap you would be wasting your money. Councilman Noll said myself I haven’t seen the pigeons. You’re down there, do you think it’s a nuisance problem? Councilwoman Coble Tyson said oh yeah, in the parking lot, at the apartments, up at Yoe Auto. They are bathing in my spouting then they cross over to Tom’s. Councilman Myers asked how would you get rid of these? Mr. Pickel said 177 power repellant rifle. Councilman Myers said

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I know years ago, this goes back many years ago, we did the same thing, someone go around with an air rifle, we had many phone calls about someone going around carrying a rifle, it’s the best way. We had an awful lot of phone calls. Councilman Noll said I guess the best way is to contact

the police, he would carry full badge identification. Mr. Pickel said I carry my license in the truck all the time. Councilman Noll said would you have anything on you that a person on the street would know you are suppose to be there. Mr. Pickel said not necessarily unless I’d give them one of my cards. Councilman Allar said we could print up a notice of some kind for the properties involved and stick it in their mail slots. Councilman Noll said what we got is a proposal to take care of pigeons, with a maximum cost of $500.00 through the use of an air rifle. Mr. Pickel said you’re looking at 25 pigeons at $20.00 a piece, I can’t see you getting more than 25, the reason why is once you shoot ten or fifteen of them, they are going to Dallastown or Red Lion. That is what happened in Dallastown. Councilman Noll said

I think if we do decide to do this, I think we should follow up with the zoning officer, that if there are properties that have places for pigeons, we should go out and cite these people, broken windows and other things.

Councilman Myers said it wouldn’t hurt, contact the Chief of Police.

Councilman Allar said what’s a reasonable start date, we have to make a motion to start. I make a motion for up to $500.00 for pigeon removal with proper zoning action simultaneously. The motion was seconded by Councilwoman Coble Tyson. Councilman Noll said any further discussion, we are going to place a notice, whose going to place the notice. Councilman Allar said I don’t know much about the procedures of what you do, you do a three or four liner then we will print it up, to the homeowners of the neighborhood. Put something down that this is a health measure. Make it concise. Four or five lines. Councilman Noll said you may want to say that you are certify to do what you’re doing, so people know. Councilman Myers said will you go in and talk to the property owners. Mr. Pickel said I can do that but more than likely I will be shooting from the opposite side of the street. Councilman Myer said I’m just saying, if you see a guy with a rifle shooting towards the house, it would get the attention. Mr. Pickel said we’ll make sure that the property owner that has the problem, I’m not saying

that the advantageous point to do the work is going to be on their property.

Councilman Myers said I agree with that. Councilman Noll said the only other question is the way your liability is done, some chance if you shoot out

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window, whatever. Mr. Pickel said its covered, 100%, its covered for firearms its not covered for an air rifle, its covered from firearms down, anything shy of a 50 caliber machine gun. Liability is covered. Councilman

Myers said does the solicitor see any problems with this at all? Solicitor Solymos said I think you need to notify everyone in a two block area, by sending out a little postcard, notice is given at such and such date, approximate time, the borough animal control officer will be in your neighborhood conducting pigeon removal. Councilman Noll said who is going to be responsible to notify the police department? Councilman Myers said the contractor should. Councilman Noll said I think you should contact the police and let them know, that way if they need any credentials. Mr. Pickel said you work with York Regional. Councilman Noll said that’s correct, Chief Gross. That’s not a problem. Councilman Allar said we are in a postcard or a flier, Solicitor Solymos said I just want them to get a notice.

Cheaper to mail a postcard, or hand out a flier. I just want people to get a notice of what is being done and when its being done and why its being done. Councilman Noll said as far council concerned, you are going to take the lead from council, Tom? Councilman Allar said I’ll take the lead, the postcards, Sandy is going to have, I can give her the body. Councilman Noll said I think a notice that is going to be on the property. Councilman Allar said I’ll take care of that. Councilman Noll said all those in favor, any further discussion. All those in favor state aye. Any opposed? Councilman Noll said motion passes. Mr. Pickel asked you would like me to come back at a future council meeting to get the paperwork signed? Councilman Noll said for the contract change? I think I have the authorization to sign it, leave a copy here for Sandy. Mr. Pickel said this is seven copies of the different diseases, this is everything that we normally use. You will notice that the contract states not to exceed 25 pigeons. Councilman Myers said Seth, you could put something on the website. The secretary said if you give me the dates, time and information to Bruce. Solicitor Solymos said you need to give ten days notice on when you are going to do this. Mr. Pickel said that’s not a problem.

Jamie Tyson, 123 E. Pennsylvania Avenue, I am here, because I heard a rumor that it is possible that we could be getting rid of our recycling. There are 300 million people in America, each one produces 1. 31 tons of trash per year. Of that 1.31 tons that my family uses, we recycle half of that, half of

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that is now going into the landfills using our earth. In my opinion, recycling is something that I would use basically what I’m saying here is that I am will to put $10.00 each month or year to keep recycling. Councilman Noll said that will be discussed a little further with our garbage contract.

Carla Reichard of 56 N. Main Street, first of all I like the idea of pigeon removal because from Tom’s house to the abandoned house I have pigeon droppings all down our sidewalk. I have dog, that are constantly walking on the sidewalk. I like that concept. The abandon property next store, I called the animal house, I’ve seen rabbits, birds, rats, skunks you name it. The past couple years its gotten really worse. They are digging big holes into my cellar, around the house. They are leaving piles of dirt. Huge holes they are leaving. I put down rat poison last year, my dog got into it. You can see rats.

Its jungle there. Councilman Noll asked do you know the exact address?

Ms. Reichard said it’s the Smith residence, the white house. In their yard there is a huge pine tree that is definitely dead. Half of the tree limbs are coming out and they fall off all the time. If one of them falls, its going to kill me. The tree sways, its been dead for many years. When we have had a wind storm I get the children out of bed because I am afraid its going to fall into my house. It’s the whole property in general. If I ever go to sell my house, they’re going to look over there, my neighbor’s yard. I’ve lived there six and half years and its been that way ever since. The house is vacant. There are vines and weeds, pigeons are at this house and they are crossing over. All the droppings all over the sidewalks. Councilman Noll asked what do we know about this house, Dana do we know, or Sandy do we know, if its been abandoned? Councilman Allar said it was a rental property when we passed the rental ordinance, he choose rather than fix it up to take it off the rental market. Which makes it untouchable. Councilman Noll said so its not in foreclosure and there is no one living there at this time. Councilman Allar said its actually, because he had put some porches on, he has a property that is in the rear. He upgraded the property, he put some decks and stuff on, its encroached on the property next door which he also owns. So rather than,

tear up the porches, he incorporated all that property, the brick house and the white house, that is all in one deed now. Councilman Noll asked so he lives in the one and the other one sits? Councilman Allar said I think he actually lives in the apartments behind it. I don’t think he lives in the house. Councilman Noll said so we do have a landowner, quote on quote.

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Councilman Allar said oh yeah. Councilman Noll said that hasn’t disappeared, so we can go after him and cite him. Councilman Myers said he’s here, several years ago we ended up hiring another solicitor and zoning officer to concentrate on cleaning the mess up, we were somewhat successful, but we are back to where we are again. Councilman Noll said we haven’t adopted our new ordinances yet, we did just for your information, last meeting we went through our ordinances trying to get them codified,

and we’ve adopted a property maintenance code which won’t go into one hundred percent affect until those finished, which we are probably still looking at five six months. The secretary said for review by the solicitor and the county, I guess you have to advertise, you have to have public hearing.

Solicitor Solymos said let’s review, that has nothing to do with the problem you have now, if you want to act on it you can. And you can act on it tonight because what has been described that be backed up by members of council and employees of this municipality as a public nuisance and a danger. You’ve got vermin, animals, running loose and that is actionable and you as a borough have a right under nuisance regs under the borough code, to hit them in that regard. Unfortunately, you’ll probably have to sue them as opposed to going after him under an ordinance. You have to bring a legal action against him. Councilman Allar said this is what I’ve been saying, what Pete’s been saying, we talked about this property before, and I’ve asked Sam, did he talk to the zoning officer about it. And he said yes, and why hasn’t the zoning officer taken action, I don’t know. We just keep going around in circles. And anyone that goes through town and stops at the traffic light, you look around, there’s this ugly property there. You can’t go through Yoe without going through Main Street, I think we all know where the property is. Councilman Noll said Dana have you any experience with the zoning officer on this property if he has taken any time to come down and look at it. Mr. Shearer said I think he came down about the porch, sometime last year. Councilman Allar said I think that was the porch only. Councilman Myers said I make a motion to get him on it and if he needs to call Pete, let’s move on it, I’m tired of this gentle man for twenty years. Solicitor Solymos said I would suggest you make a motion that Dan review it, that Dan contact me, and if Dan and I together determine both agree that I take any legal action that is necessary, before I take the legal action I will notify borough council of what I am going to do. Councilman Noll said we need to open our bids at 7:30PM we can either take a motion now or open the bids, suspend

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the regular meeting. Councilman Allar said I want to make sure that within that motion there is something to cover that tree situation. Solicitor Solymos said I think the motion covers any problem. Councilman Allar said okay.

Ms. Reichard said there are numerous problems. A 80 foot tree leaning.

Solicitor Solymos said it’s a fire hazard. Councilman Noll said fire and safety. Councilman Myers said its definitely a fire hazard. A motion was made by Councilman Allar to have Dan work with Pete about the property in question, visit the property use everything within our legal jurisdiction to go after the property owner to make remedy to the nuisance property. And to have Dan also work with Jerry because if there is animal problem in there, he may need to access to the building to find out exactly, I don’t know how you go about doing that, but they are going to have to talk about that. Not sure as zoning officer I’m not sure how he will go about doing that. Councilman Myers said actually if we can add just one more property, 236 S. Main Street in that motion. Councilman Noll said we have two properties 236 Main Street and the Smith property, 54 Main Street. The motion was seconded by Councilwoman Coble Tyson. All in favor.

Opening of Garbage Bids at 7:35PM

Councilman Noll said we have opening of the bids for garbage contract.

The secretary said here is our copy and copies for all the members, Scott Wagner and Ed Ward are here from Penn Waste. Councilman Noll said we do have one bidder, Penn Waste. We have that bid in front of us, if everyone would like to take a quick look at it. If everyone has a chance to look at the bid do we have any questions. Councilman Allar asked Sandy what do we pay now? The secretary said $4944.00 a month to Penn Waste that includes the $480.00 for the commercial dumpster. Councilman Noll said it is still set up that we pay tipping fees is that correct. Is this just pick up? The contract itself its just pick up, Yoe Borough is still responsible for its tipping fees correct? Mr. Ward said that is correct. Councilman Myers said is this going to have an option to match Dallastown’s when their contract ends? The secretary said Dallastown’s contract ends 12/31/ 2012. That is why you only have a 26 month contract quote. Councilman Noll said do we take action on this tonight or? The secretary said you will have to ask Pete about that, if you open a bid do you have take action on it, or wait until the next meeting.

Opening of Garbage Bids at 7:35PM(cont.) Page 9

Councilman Noll said I ask that only because Sam was deeply involved with

this contract? When does our current contract end? The secretary said October 31, 2010. Councilman Noll said so we have to take action by the

October meeting. Does anyone have any questions for Penn Waste? I’ll

read through the options: Option 1 is 26 month running 11/1/2010 until

12/31/2012, trash/recycling, bulk item collected weekly on Monday, including dumpsters specified for Meadowview Apartments, Orchard

Glen Apartments, Yoe Fire Company and the borough park. The secretary

said Elm Street is that included in there? Mr. Ward said yes. Councilman

Noll said the price for option 1 is $127,894.00 for the twenty six month plus $480.00 per month for the commercial dumpster pick up for the borough.

Option number 2 is the same service as option number 1, with no curbside

recycling pickup, option number 2 for a twenty six month contract, same timeline as option 1 is $109.460.00 plus $480.00 per month commercial dumpster pickup within the Borough of Yoe. Councilman Allar said that $4944.00 that we pay them does that include the dumpster cost of $480.00?

The secretary said yes. We are paying them $4944.00 now and will be paying them $5399.00. Option 1 is $4919.00 per month plus $480.00 which is $5399.00. Mr. Wagner said the difference is actually $455.00 about 8%.

You asked us to give you a price without recycling, the recyclables cost if I look at the numbers around $8508.00 a year, if you were take away the recyclables and throw them into the trash it will cost you about $6900.00

a year. Difference is $1622.00 for the recycling. Divided by the number of units is about $3.42 a year. The more you recycle you save on the tipping fee. You can put cardboard in your recycling. There is an incentive for the

borough. Councilman Noll said do you know how much recyclables we collected last year? Mr. Wagner said we have estimates. Councilman Noll said what is our tipping fee? The secretary said its $56.00 a ton. Councilman Allar said Scott makes a good argument if you don’t recycle its just going to go into the regular trash. Councilman Noll said then we will be paying for it in tipping fees. Mr. Wagner said we are working for re education for recycle.

Councilman Noll said is there something we can put in our newsletter to get more out to our residents. How recycle saves us our money. The secretary

said the paper off of the website is given to any resident and it was given to Stacy for the newsletter. Mr. Wagner said they now have electronic recycling at the facility at the Blackbridge Road monthly. The secretary said we now have bigger recycling bins now. Councilman Noll said for the

Opening of the Garbage Bids at 7:35PM Page 10

benefit of the council you are looking at a $455.00 a month increase can you tell us what kind of things between contracts that are causing the increase?

Mr. Wagner said its insurance, wages, wage increase for good employees, we are suffocating for compliance. there are 65 items that we have to report on either weekly, monthly, quarterly, semi annually. All the drivers have to CDL license, there has to be random drug testing. Fuel is going up. Oil lubricants is going up. With the delivery, there is about a 7% increase.

Councilman Myers said we’re looking at having a fire prevention day up at the Yoe Park, would you be willing to bring out one of those nice green trucks. Councilman Noll said its Sunday October 10th. Councilman Myers said we’d put out a table. Councilman Noll said seeing we have our

options are we willing to take action. Councilman Allar said I’ll make the motion for option one. Councilman Myers seconded the motion. All in favor. Councilman Myers said I think it’s the right thing to do. Councilman Noll said the hard facts if we don’t recycle we have to pay for it with tipping fees. Councilman Allar said the savings are not that significant. Councilman Noll said motion passes for option 1 twenty six month contract for a price of

$127,894.00 plus $480.00 commerical dumpster disposal. Councilman Noll asked anything else that we have to do. The secretary said we will need a contract signed. Mr. Wagner asked if we have problem with collecting fees.

Councilman Noll said for a borough our size, its dramatic, its not very many people, when you start looking at the size of the pie we have to pool from its dramatic for us. Mr. Wagner said we have a delinquency problem.

Councilman Noll said we are very fortunate than most, its like 5 to 7 houses.

Solicitor Solymos said Scott knows how to get ahold of me on the contract so. I might be missing something but $450.00 a month isn’t bad considering everything that is going on now.

Solicitor’s Report

Solicitor Solymos said obviously you have the garbage thing taken care of.

Solicitor Solymos said I have a plot description of a piece of land that use to be MA & PA, that we are thinking about taking by action of quiet title. Now that I’ve got that, we will be proceeding in that general direction. Councilman Noll said before you do that, Sam had made mention that there is another property on E. Pennsylvania Avenue, that maybe part of no man’s

Solicitor’s Report(cont.) Page 11

land, it was brought up that, we may want to go after both pieces at the same time to save some costs. I don’t know if anyone else is familiar with that.

Councilman Allar said I don’t think its no man’s land. Councilman Myer said I seen something, someone didn’t do the quiet title. The secretary said

it was Tim Stough’s property, Dan Shaw talked to the new owner. Councilman Noll said it was citing issue that was made, and I think the

gentleman indicated he did not own the property, if I understood properly.

He is not mowing it. Somebody looked at the tax record very quickly and it wasn’t indicated for an owner. I don’t know if that was Dan. Mr. Shearer said Dan and myself both looked at the tax record. It says on there multiple

listings found, didn’t show on the map, that there was a clear line for anything, that it was just one long stretch. Councilman Noll said both of those pieces do join each other. I don’t know if you are aware of that Tom.

When they tried to cite the old Stough property, gentleman said he did not own the property. Councilman Allar said I saw that, it may not be on his deed. It didn’t get changed. Solicitor Solymos said that would be something that I’d have to check out. Councilman Allar said C. S. Davidson did the

survey, and they checked the deeds, they checked the stakes. This is all part of public records and site, that property is his. Maybe he’s saying that because he doesn’t want to take care of it, its not mine. But. My recollection from talking to Tim, he was, we must have had at least a half of dozen conversations because of the rail trail, he said he had incorporated this. He had taken some action and said no that is my property. He was so specific, no I’m not going to give this up voluntarily, if you want to buy it from me. He had reason to believe that this belong to him. And there it is on the survey. The new guy, maybe he just doesn’t want to mow it. Hey its not mine. Maybe his deed is not up to it. Councilman Coble Tyson said maybe the description has been modified, the old right of way. Councilman Noll said Steve, part of that survey would have been a thorough checking of the tax records, correct. Mr. Malesker said yes. Councilman Myers said that changed property owners. Mr. Malesker said this says 2006. Councilman Myers said something could have happened after that. Councilman Noll said it was adjoined to the property deed, they would have to have some kind of record of getting rid of it. So what’s everyone’s thought, I’d like to go get the piece of property that is there. Councilman Allar said to go back to the original question of saving money, I don’t think that we’re going to save any money as far as Pete goes, because we’re dealing with two distinct pieces of property. Solicitor Solymos said if they are two distinct, not one contiguous.

Solicitor’s Report(cont.) Page 12

Councilman Allar said they may be physically connected but have a different back ground. The one we’ve been maintaining for many many years and have no claimants on, this one we weren’t maintaining, I don’t know if there is any doubt on the status, but if there is some doubt then that has to be solved. Solicitor Solymos said on the piece you are talking about you have an adverse possession, we’ve been maintaining for however many years. This other piece we don’t have that situation. Councilman Allar said it’s a different situation totally. Councilman Noll said there is no money to be saved, is what you’re saying. Solicitor Solymos said no, you would have to have two separate actions regardless. Councilman Noll said that being the case, do you want to have Pete continue with where he is and then take some type of action, take a look at whether we want to follow through.

Solicitor Solymos said we sent out all the easements and all the temporary access easements. I got two back. I don’t know if anyone got some. I got one back directly back in our office. The secretary said I got Sam. Do you have Chad and Amanda Boltz, Solicitor Solymos said no. The secretary said do you have Scott Floyd’s? Solicitor Solymos said that rings a bell. The secretary said he was questioning who is going to pay for the notary? I didn’t get that either. Solicitor Solymos said remember and I repeat it again if they come to my house they get the notary for free at my office. The secretary said I didn’t know that. Solicitor Solymos said I mentioned that at the last meeting. If that guy is worried about five bucks for notary, send him to spend five bucks to come to my office. The secretary asked can you let me know tomorrow, that you have Scott Floyds. If you have Scott Floyd, did he bring it to you to have it notarized? Councilman Noll said what about Mr. Ali, he brought it to you but its not notarized. The secretary said that could be too. Councilman Noll said we haven’t heard from the property where they vacated. The secretary said Mr. Ali signed it, dropped it into the borough mail slot but its not notarized. So. Councilman Noll said what is your position on notary? Solicitor Solymos said no notary means it wasn’t witnessed when it was being signed. The secretary said you need to talk to him too. Councilman Noll said I’ll pick it up tomorrow.

Benchmark Energy form was signed by the solicitor. The secretary said then

that will be ready to go.

Councilman Noll said the only other thing with this rail road property, do

Solicitor’s Report(cont) Page 13

we want, where are you as far as proceeding, do you just need us to make a motion to proceed? Solicitor Solymos said on the one yes, I am ready to go.

Councilman Noll said so, we have our piece of rail road property that we’ve been maintaining and have asked Pete to look into. A motion was made by Councilman Allar to proceed with quiet title on that piece of property. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Noll said motion passes. With the other piece of property that is not being shown for ownership, we would you have something in your file from your deed research that would be able to Steve, link us without paying for a lawyer to go and produce the same documents since you’ve already done. Mr. Malesker said there should be copy of everything in the file. Councilman Noll said if you could put that together for us, so we can double check. For two reasons, if its vacant we want to go after it and if its not vacant we want to go after him. That will another thing for zoning officer, when we get that determined. Councilman Allar said we can always ask him at some point if he wanted to deed it over to the borough. Mr. Malekser will email it to Pete.

Councilman Noll said the contract on the park. Solicitor Solymos said you had asked that you wanted to update alright, I just need, I have it, I did the original on it, that will suffice but I’ll make it tighter. Councilman Noll said

it was because of the alcohol, I think we decided that you could go ahead and do that.

Councilman Allar said going back to this nuisance property. Specifically the rodents, the ground animals. After going through zoning, if nothing happens, do you know if Jerry has the authority to go onto the property right now he goes on invitation. Solicitor Solymos said I don’t think he has any more authority than the zoning officer. Councilman Allar said that would take what kind of legal proceeding to get access to trap animals. Solicitor Solymos said we would have to make special motion with the court, start a legal action to allow access. Its in a form of an injunctive relief, its like a preliminary x party action, where you allege that this has to be done immediately to gain access. That wouldn’t be hard to do. Councilman Allar said you will follow up with Dan. Maybe talk to guy. Solicitor Solymos said put a lien on the property. Councilman Myers said you are going to have to play hard ball.

Engineer’s Report Page 14

Mr. Malesker said we met with DEP on August 25. I guess we talked about out there, they seemed to be okay with everything as long as we could show on the as built the cross veins were installed in the proper locations which

we brought out the issues. The arms were correct, I did send out that email earlier. Councilman Noll said I didn’t get a chance to print it out. Mr. Malesker said I did bring a copy here. We moved that a little forward, you can see that on the as built, this shows the proposed is, the solid lines, the actual location is the dash lines. You can see here exactly where everything is, this includes the footer stone, we verified there is footer stone everywhere. And that shows the outline that encompasses the footer stone that is in here. Councilman Noll said we can leave it on the borough table for the next couple days. Mr. Malesker said its exact same shape, they put it a little bit more upstream than it should be. It is the same shape. Councilman Noll asked Tom do you want a copy of this. Mr. Malesker said you can have this one. Councilman Allar said is this the same one? Mr. Malesker said this is overlaying. Councilman Noll said we had asked him to take the original drawing he had given us before construction versus the as built and lay them both on top of each other to see if there were any discrepancies. That is the drawing we asked for at that meeting. Mr. Malesker said I’ll leave this here. Councilman Noll said and you can pick it up at the end of the week Tom.

Councilman Allar said you said about Jake’s memo. Mr. Malesker said he said something but I haven’t seen anything from Jake. I had asked him if he has issues to go on record. I haven’t seen anything. Councilman Noll said he indicated he would do that and I haven’t seen anything either. Mr. Malesker said I wasn’t sure if he was going to come to this meeting tonight or not. Councilman Noll asked did you send it to Jake also? Mr. Malesker said no.

Councilman Noll asked could you forward it on tomorrow? Mr. Malesker said Drew may have but I’ll check. Eric Jordan did send another email about the matting, common theme with Flyway, they’ve been asked a couple times to tow it in. Its for their own benefit, its manufacturer’s recommendation to do it because if its not towed in, it removes the matting. So its not like its stopping any erosion from occurring by towing it in but I did attach correspondence to Flyway to the engineer’s report. Jeremy did go out on site today, overseeded areas where the grass is a little thin and refastened or trenched in matting that has shifted since the last visit. We haven’t been out to verify what he has done but he did make a site visit today. I did attach the email, we had asked him to look at the weir, at that meeting Tom and I

Engineer’s Report(cont.) Page 15

looked at the weir and it was up three inches or so. Councilman Noll asked are we still holding retainage on them? Mr. Malesker said yes, we still have $11,000.00 some dollars. Councilman Noll said so we send them a letter that says you correct it by this date or we pay another contractor to do it and take it out of your pending. Mr. Malesker said the only thing he said, he looked at it and it looked down to me. I don’t know if its down any further. We responded to him and said we have photos showing it down lower. Councilman Allar said if you are out there Seth, if you look at the one at the lower basin, the flange is flat. Mr. Malesker said it has an angle. Councilman Allar said both of these were on the same design. Councilman Noll said I only brought it up because we’ve asked Flyway to do a lot of things, if

we don’t feel that they are doing it,unless we’re willing to take some kind of action at this point, I don’t think they’re going to do anything about it.

Councilman Allar said before we do that, I’d like to see if Jake has any issues. He said he did. We are waiting for Jake’s memo, to capture at the same time. Mr. Malesker said I think DEP is waiting for this as built. They’re waiting for the as built. Councilman Allar said you can feel free to send that up. Councilman Noll said we were going to try to send Jake’s comments with that is what we talked about. Councilman Myers said is Jake WTC concepts? Councilman Noll said ECCOstruction. Councilwoman Coble Tyson said I’m wtc concepts. Councilman Allar said keep in mind this is Jake’s design, he designed this. I don’t know how many total projects but he does have a lot of experience. Usually he doesn’t talk about problems, unless he knows what he’s talking about. Mr. Malekser said he has said that,

there weren’t any footer stones here, and there are. There are some things that are present that if you look for them, if you look harder you will find them. Councilman Allar said he mentioned about migration, you can’t tell from the as built, if that is an issue. Mr. Malesker said he was concerned in the long term about migration and things with the channel. Councilman Allar said I think he was talking in context underneath the rock, seepage.

Mr. Malesker said oh yeah that’s not going to show up on an as built.

That’s something that Flyway had mentioned that to, it takes along time for that to be keyed in and we haven’t had that many storms when we do get a storm it seems to be a major one, so everything that is coming down is of high velocity so it doesn’t get keyed in, it washes out and goes down stream or gets trapped in one of the basins. So we need something that’s going to lift some of that material up, and get it keyed in, to those small holes.

Engineer’s Report(cont.) Page 16

Councilman Noll said speaking of that material, are we at a point where we

need to, we need to dredge per our design. Are we ready? Councilman Allar said Dana and I are going to get into that. I just wanted to double check over these cost numbers. You had made an estimate for stake out services, contract administration, as built representation, construction inspection and I think it was around $10125.00 then later you increased the scope. Mr. Malesker said yes I believe there was some additional scope, would have to go through and see what the changes were. Councilman Allar said on that, this is a bill that Sandy has given me. Its almost $13,000.00, it is dated August 9th, it refers to a previous billing, $12500.00 has already been paid. So this is basically for all those items I had mentioned which was done for the most part maybe not the as built, most of the stuff was done up and including May 28th, official completion. So my question is, I just want to verify, to stay within this number, there are categories here that weren’t in the original estimate. Grant administration of $2500.00. Mr. Malesker said those phases match up to the proposal. What I am glad you brought this up, we matched up 100% of essentially everything, we created additional phases but haven’t billed anything if we weren’t authorized to do it I think, can I see that? Like correction due to contractor error, that is one that we created that we haven’t billed anything for. Borough contract change order that is what you asked us to look into those different options for maintenance. That wasn’t part of our original scope so we created a separate fee for that, so this Phase 56 and Phase 57 we haven’t billed anything for. Our fee that we quoted you was $12849.00 must have been. Councilman Allar said it could it been. Mr. Malesker said we’re at $15682.00 and we haven’t billed anything extra over because it wasn’t in our fee but I wanted to show it on here so you. We’re still working on it. Councilman Allar said I understand that, one of the items on there for $2500.00 is called grant administration.

The secretary said that was added to your scope on one of your engineer’s reports. I don’t remember the amounts, but he had something attached to his report as new scope. He would have to look that up. That’s the last bill that the borough is going to be paying for that basin. Councilman Allar said that’s what I’m getting at, for grant administration other than trying to get the rest of the money,what else is involved. Mr. Malesker said well there is all the grant paperwork that had to be filled out. Councilman Allar said that was before. Mr. Malesker said no, there is additional paperwork that we had to have fill out that Sam had to sign. Councilman Noll said some of it seeking additional funds I believe. Mr. Malesker said there is all that

Engineer’s Report(cont.) Page 17

seeking additional funds I believe. Mr. Malesker said yeah, there is all the correspondence. Councilman Allar said there was no additional grant.

Mr. Malesker said I would have to. Councilman Allar said I wanted to make sure that we weren’t paying for grant administration all the way through and this was some maybe was money that we already sunk. Once we started work we have had pretty much done as DEP, but we wouldn’t have started work. Mr. Malesker said with this Growing Greener money there is an awful lot of paperwork being done and I brought that to the council, do you guys want to do it or do you want us to do it. And it was agreed to have us do it, I think that was when we revised. Councilman Allar said following up on Sandy’s issues, there is still outstanding issues, the thing is in May, June, July, August and now September, we’re not going to get more engineering dollars. Mr. Malesker said no, we’re not, I haven’t revised the proposal, the project is obviously still going, we’re still corresponding with Flyway, we’re still corresponding with DEP. We haven’t billed any of that money because it wasn’t part, we maxed everything here. That’s I haven’t brought that, I wanted you to see that, where we are. Councilman Noll said what is C. S. Davidson’s intention with that additional money, do you want to come to council and seek that? Mr. Malesker said not at this point, I just wanted to make you aware. Councilman Noll said you’re letting us know that you went above your contract at this point, but you’re not coming after us for the additional monies. Councilman Myers said there was part of that, that we had extra work because of Flyway, maybe Seth and your career, I heard rumor, I was at a meeting, sometimes municipalities are going back on the contractor because of engineering costs, because they made a mistake, you had to change your plans, municipalities are now going back to the contractor. Councilman Allar said that’s kind of what I was leading up to,

if there is extra costs due to engineering or construction, we shouldn’t have to eat any of this. The borough did nothing wrong, and someone should pay for it, it shouldn’t be us. Mr. Malesker said we didn’t do anything wrong either but we still have to keep the project going. Councilman Myers said we had to do some work because of the contractor, that’s not their fault, that’s not our fault. Councilman Noll said it’s a matter of people coming together and people deciding that their going, unless you might have read through the entire proposal was there any provision in there, that the contractor screwed up and that it can be backed charged. Mr. Malesker said what I had said in one of my emails, the problems with Flyway, we were going to bill them for some of this. After talking to the President of the company, he said, we can’t

Engineer’s Report(cont.) Page 18

bill the contractor for work that we’re doing for a certain project. He said

that’s, its like you are getting some kind of kick back or something. We cant’ do it that way, they’re saying it wasn’t my problem. Councilman Noll said this is the kind of things, that you get lawyers. Mr. Malesker said I am not going to be worried about a couple thousand dollars, I just want everyone to be happy with the project. Councilman Allar said as of the June meeting, you were here, Drew was here, Flyways was here, everyone said it was done. Come a couple of weeks later, Flyway is out there with a crew and heavy equipment for almost a week. Obviously it wasn’t done. Mr. Malesker said there is a difference between substantially complete and 100%. There were punch list items that were mentioned in the certificate of substantial completion, so there was a difference between someone saying they were done and being substantially completed. Councilman Allar said

that wasn’t what was discussed at the June meeting, it closed on May 28th,

and in the June meeting, when you introduced Brad as the President of Flyway construction, the contractor was doing the work, pretty much done now at the basin, except for little odds and ends, I’m not sure if we will immobilized the equipment out there, pretty much done. That was at the June meeting. Councilman Noll said we can sit here and beat a horse at the definition of what is done, I don’t want to do that. Councilman Allar said if there is any extra costs, I just want to go on record for that. Councilman Noll said C. S. Davidson is agreeing with you, so much as, they are showing that they have had extra administrative costs. The secretary said if I saw another bill I wouldn’t pay it. Councilman Noll said the council would approve or deny the bill.

Mr. Malesker said we did submit for the mitigation plan, gave them three copies of the mitigation, sent to Mike Danko of the Army Corps. We should be hearing. I don’t know if you talked to Jake about that. Councilman Allar said its about the same, we are waiting for Mike and we are also waiting for the township. Input for the Mill Creek Preservation.

Councilman Noll said the subdivision plan for Orchard Hills Vista they did request that it be tabled again. I just wanted to get that part of the minutes, they requested that it be tabled. We have record. Mr. Malesker said there were emails.

Engineer’s Report(cont.) Page 19

Mr. Malesker said on the storm water condition assessment, we met with Dave , Tom and Dana, we discussed some things that they wanted to see added to it. We did revise the assessment, included some additional inlets on Main Street, that Tom wanted to see in there. We added several other inlets and additional piping. That increase the project cost to over a million now.

Increased it $207,000.00 something like that, with all the additional changes.

The biggest part of that was putting the pipe in at Fern, we were collecting water there faster, because we had an inlet and a pipe since it was no longer overland flow, then that affected all the down stream pipes. Have some new pipes put in. Councilman Noll asked does that go under all one priority?

How does that? Mr. Malesker said I brought a revised map for everybody.

I have ten of these. Some of it is priority one, the one at Fern I think is priority three. Councilman Noll asked do revise the grant and send that back? Mr. Malesker said I need you to sign it, it’s a supplement to the previous submittal. I can go over, everything, its all here. Councilman Noll said we can read over it, I don’t want to waste time. The secretary said I received two emails from this afternoon and forwarded them to you, I need you to look over them, appears to be some changes. Mr. Malesker said that’s good that means they are looking over it. They will be making a decision in November of this year. Mr. Malesker said I need this for Seth to sign.

A motion was made by Councilman Allar to have Seth sign the supplement to the previous submission to the H2O grant, this incorporates all the changes we discussed. The motion was seconded by Councilman Myers. All in favor. Councilman Noll said motion passes. The secretary asked is this part of the $20,000.00 plus for the engineering for storm water assessment work or is this extra? Mr. Malesker said I’m not sure where we are at there.

The secretary said I am suppose to pay this out. Councilman Allar said that was for the survey. Mr. Malesker said we did modify the survey to include the H20 administration, we did revised scope. The secretary asked will you make sure that you get that bill in, so I can get that in this year then. Mr. Malesker said I thought Drew sent that in. I told him that you only wanted one for the total amount. With all these revisions that may have taken us over, I’m not sure, we hadn’t planned on doing a supplement to the application. Councilman Noll asked if we are approved they are going to give us a block of money, even with the options. We will need to reprioritize when we know how much money we have. We are going to be re doing this

Engineer’s Report(cont.) Page 20

again, am I wrong on that assessment? Mr. Malesker said no, there is a chance that you won’t get the entire grant so you will have to pair down or you could increase your loan amount and do everything. Councilman Allar said you can submit a grant next year. Mr. Malesker said and if you don’t get it, you don’t have to re submit, its already reconsidered for next time.

Councilman Allar said there are different segments, the survey, administration, if those sub codes match up with each, it will help Sandy.

Councilman Noll asked will Sandy get a copy of this. Mr. Malesker said yes, there are four or five copies of the grant applications, there was more than exhibit F that was modify. I’ll just bring in copies, I’ll update the book.

It could just be a packet. Discussion continued.

Mr. Malesker asked if there was an update on the sewer work. Mr. Shearer said they are probably about 30 to 40 feet up, backside of second manhole. They are going up to the storm water inlet. Redoing the whole section, two or three sections that saddled, problems with the Richards lateral. Tying in the laterals from the other side of the street. Digging down past everything we just did. Filling in with water that had already caused concern. Pumping some tomorrow. They are going to take up the whole month. Leaving street marked as closed on either side. Discussion continued. Mr. Shearer said we should be on target to pave sometime in October.

Councilman Allar said did anyone else get a fax from Flyway? The survey.

As far as they are concerned, its over.

Councilman Allar said in the stuff that Sandy sent out, there is an memo from Jack Hill, to Jake and Tom, I reviewed the revised wetland replacement plan of August 20th, I have no additional comments. Construction schedule is reasonable. Please contact me if there are any questions. The recommended wetland replacement is on track as far as I know.

Councilman Noll said with that survey are we ready to fill it out and return it. Councilman Allar said I don’t think we are ready to return it. Councilman Noll said that is why I’m asking, because I think that means some kind of completion. It was decided to wait on that. The secretary said it’s a fax

and its in the circulation file, fill it out and I can fax it back. Councilman Noll said I think we should have one person, when its time appropriate.

Engineer’s Report(cont.) Page 21

Councilwoman Coble Tyson said I have quick question, what has miraculously happened with the water that was running down Main Street?

Councilman Noll said the sump pump broke. Their sump pump is not working Sam did say that, that is part of the reason why it isn’t. Mr. Malesker said the flow isn’t as much since we have had dry. So there is still water going through but its not backing up into Sam’s house. Going through the pipe. Councilwoman Coble Tyson said it amazes me that the water that was coming out there continually, the sump pump had been going and it has been dry, what was the water year round, it flabbergasts me that there is no issue now. Mr. Malesker said I would say there is no issue, there’s still, the spring was at full charge, you would definitely have an issue. Councilman Allar said the pump, they were getting water in their basement. Mr. Malesker said it was cycling every minute. Councilman Allar said so chances are he was not getting very much now to pump. Mr. Shearer said

not necessarily, it fills up the sump and goes right back into the hole. The open trough in the basement where the pipe comes in and goes out, it would be nothing for it to fill up and go into that trough. Councilman Noll said also this is the one property that has not sent anything back to us as far as. The secretary said unless he has it, that shocked me because I never knew it, I can’t imagine they would be that motivated.

Maintenance Report

Mr. Shearer said we did have a couple leaks over Labor Day Holiday both of them were on E. High and W. High. They were looking at a large leak because their numbers were high. They corrected the leak. They still have had issues with the numbers. They came down and found some issues at the area of E. High and Main. It was the house on corner where the fire hydrant is. The issue was in the valve, shut off for the hydrant, and to the hydrant connection. Couple breaks in that. Discussion continued. Since the hydrant is our responsibility, we should look for a bill for hydrant replacement. We won’t be billed for the dry hole. Hydrant date is 1914. Councilman Allar said how do they find it? Mr. Shearer said they take the tank readings. Councilman Allar said if they happened on Saturday or a holiday, how do they do that? Mr. Shearer said I think they have some sort of alarm, because of the tank, if the level drops too much. Also the plant operator at Red Lion ought to know. If they are pumping out more over there, trying to get more

Maintenance Report(cont.) Page 22

into the system. Councilman Noll said Connie has a sensor system up there and it sets off an alarm. Councilman Allar said I thought I was hearing this noise of water coming through the pipes on Thursday and definitely Friday, Saturday and Sunday. Mr. Shearer said they found it on Sunday, the hydrant was repaired today. The leak over W. High was right around the corner here, when you were on top of that leak you knew you were on it. It was a loud roar. That is how they check. After we got to looking around, you could see at the crack at the edge of road, the grass was growing up at the crack was wet. They didn’t more than two feet and they were into the water. Discussion continued. Councilman Allar said I tried to reach people, I don’t know what the magic number is. Mr. Shearer said call 911, we discussed this before, that’s the message on my answering machine. Councilman Allar said that is what happened the last time, they said don’t call us. Councilman Noll said Connie confirmed when I went up and I saw her. Mr. Shearer said you call 911 and express to them that there is a water leak. Councilman Noll said the other option is to call the borough office and they’ll pick it up the next business day. Councilman Allar said I am still waiting for a call. Councilman Myers said the other option is to call your people, Patti or Jackie. Mr. Shearer said option is to call 911. Councilman Allar said if it doesn’t work its not an option. Councilman Myers said let me ask you this, did they refuse to do that, is that what you’re saying? Councilman Allar said I didn’t call 911 because the last time it didn’t work. I tried the borough office. Councilman Noll said that’s when I talked to Connie and she actually went through the people at 911 and got everything reconfirmed. They had someone there was new that didn’t understand the procedure. Mr. Shearer said I won’t be able to tell you what the bill is going to be.

Mr. Shearer said the feasibility final draft they are working to prepare that, they need to present that. We should hopefully see something that we can look at before hand. But there will be, we did scheduled a public meeting at 7PM on October 20th at the Dallastown Borough office so we can roll that out. I did forward this information to Stacy for the newsletter.

Mr. Shearer reported leaf pickup will be on Thursday here in the borough. They are going to start that mid October until mid December, weather permitting. Try to remember to remind residents near the street as close as possible, make sure there is no brush, trash or animal feces so when we pick them up.

Maintenance Report(cont.) Page 23

Mr. Shearer said the tree removal estimate there should be an attachment to your report. Two estimates. Basically this tree is on the no man’s lot that we directed Pete to go after. There are several trees there but this tree had large trunk split off of it. We rectified that as far as immediate hazard. Councilman Noll asked do we want to wait on this in case we are challenged for ownership so we are not removing a tree? Mr. Shearer said I don’t like waiting on this particular because of the damage that has been done to this tree already. For the cost we can get rid of it. I don’t know who would challenge it, we had complaints from some of the neighbors, they figured this to be a hazard tree endangering their property. For $635.00 I would like to see this particular tree go and work on the others over time. If you look at the estimates for American Tree, is condition one and two. One estimate is $750, American Tree is $635.00. Councilman Noll said liability, we know we are going to own the lot. A motion was made by Councilman Allar to have American Tree Service to remove the tree for $635.00 on E. Penna. Avenue. The motion was seconded by Councilwoman Coble Tyson. All in favor.

Mr. Shearer said the dredging for the j hook up at the dam. On the backside of the maintenance report, a prices from Fitz and Smith. Basically what we are going to do is use a sheet of poly in the bed of the truck in between the bed and gate to hold the moisture when they dredge the material out so there isn’t an E & S problem. Super silt fence on the dump site to hold back any material. Estimate for what it would cost for replacement of the silt fence per year as needed. They are in the process of updating, getting approved for their E & S plan. Tom had scheduled the meeting with Eric Jordan first. We did meet up there on site with Fitz. They’re going to include all this into a permanent E & S plan on their site. They’ll have an area where they put their silt fence. Super silt fence for us, incorporated into their operations where they can. Councilman Noll asked the silt fence that would be put in,

is it only for our benefit or will Fitz and Smith be dumping other people on the site that will also get the benefit? Mr. Shearer said this is just our area, they are going to be doing other E & S measures. Councilman Allar said they have several sites, they all issues with the conservation district. A site for us, that will be incorporated into their E & S plan. Councilman Noll said they are paying for that, the only thing they are requesting us to do is pay for the silt fence. Councilman Allar said that was what I was trying to negotiate,

Maintenance Report(cont.) Page 24

and therefore they are responsible for keeping up with their plan, updated.

Conservation district is not going to come back on us, they’re going to come back on Fitz and Smith. Councilman Noll asked what would we fill more comfortable with, do we want to pay the $1650 or just pay the $650.

We’re trying to get a cost history. Mr. Shearer said the $650 would be after the fact. Councilman Allar said the $650 would be materials and they would provide the labor. I think that’s a fair deal. If there is anything to be in question I think it would be the $1650.00. We can go back to negotiate that, but keep in mind number one, its going to be a site dedicated to us, number two we’re going to do business with Fitz and Smith. Do we really want to nickel and dime? Councilman Noll said they way it was worded, now I understand it, it looked like giving us an option of going with a super silt fence or standard silt fence. Councilman Allar said we got with Eric Jordan and that’s the way he wants it. Councilman Noll said I think we need to get a cost history on what this maintenance is so. Councilman Allar said the poly liner, that’s not a hundred dollar every time, that is for a bundle of the stuff.

So much of it will be used to line the truck. I don’t know how many visits we will get. He said its going to last a long time. I worked it out to be roughly, if they are out there about five, that is a little over $800.00 times 12 that’s a little under $10,000.00, if you add the $650 to it, let’s say $11,000.00 on an annual basis. Councilman Noll said we know what we got to do, we got to get a cost history. Councilman Allar said I was talking to Tim, if he submitted an E & S, take a vote tonight, we can then be out there dredging. First two rock veins were pretty much full up. If Fitz and Smith gets it in and Eric approves it then we can get them out there. Councilman Noll said we have the quote from Fitz and Smith, we know that we have to do this. Pertaining to the dredging we have to bypass the stream. The fire company is generous in allowing us to use their pump and hoses. We will not do a confer dam. We will continue to work with DEP and Eric Jordan. A motion was made by Councilman Allar to accept the quote by Fitz and Smith for dredging of the basins/dam area. The motion was seconded by Councilman Myers. All in favor. Councilman Noll said motion carried.

Councilman Allar said Dana mentioned the meeting for October 20th on the feasibility study. As you recall maps outlined the rail road area with the seven municipalities for a long term rail trail program. Short term pilot program has been discussed with York Township, Yoe Borough, Dallastown

Maintenance Report(cont.) Page 25

and Red Lion being part of the pilot program. Also discussed was that the trail would connect Yoe, York Township and Red Lion and another would be for Dallastown. None of this will happen without grant funding. The benefits would be we don’t have to pay for it. Discussion will continue

Councilman Noll said I would like to thank Dana for the help at the park with the York County Municipal Managers Meeting. There were about fifteen people in attendance and all comments were good. That the park is a treasure.

Zoning Officer’s Report

There were nine citations, for grass and weeds. One or two permits. Four and one half hours and 20 miles for the month of August. Listed on his report were complaints, unenclosed storage letters. Councilman Allar talked to Mr. Shaw and asked if Red Lion passes the ordinance for rental inspections would it affect his job and availability to the borough. Mr. Shaw didn’t think so. It was mentioned that a while back there was a complaint about the property at 47 W. Broad. The insulation is out and been some reports of drug trafficking. It was mentioned to ask him about it.

Emergency Management Report

Councilman Noll said an email was received from the County Emregency Management Services inquiring if your municipality has a burn ban. A burn ban is recommended. A motion was made by Councilman Myers to have the Mayor declare a burn ban for thirty days. The motion was seconded by Councilman Allar. All in favor. The secretary will email the mayor.

Mayor and Police Report

The mayor was not present, no report was given.

Unfinished Business

Councilman Allar reported that Stacy is basically not getting the information for the newsletter from everyone. Copies were given out at the last meeting

Unfinished Business (cont.) Page 26

to everyone. She can’t do her job if you’re not going to do your job.

Councilman Allar said on the bill for the lawnmower repair for the mower we use from Red Lion. Mr. Shearer said they knew as reported in July that we were sending it to Messick’s, Messick’s services vent trac mowers and the closest one is south of Ephrata. It was running rough. The bill was a little hefty at $1777.00 but we agreed prior to split the bill two ways. I cleared it with Brett in Red Lion. Councilman Allar said he will touch base with the new borough manager but send it out the bill either Friday or Monday of this week.

New Business

Discussion was about close calls near Yoe Auto Parts near Pennsylvania Avenue. It was suggested that one way be coming into the area. Come in Pennsylvania and go out Station Avenue. It would be best to check with Yoe Auto parts. Also the council decided to investigate that area and check into it.

Councilman Noll said there is still a vacant Republican council seat.

Secretary’s Report

Office will be closed September 13, 2010 for the secretary to attend a seminar on the changes in pension plans.

The secretary is informing the council of the pension plan expected financial obligations for 2011 as noted from PMRS.

Payment of the Bills

Councilman Noll said additional bills are VISA:427.25, Verizon:$75.60, Verizon:$36.37, Griffith,Strickler, Lerman, Solymos and Calkins for $1561.00. A motion was made by Councilwoman Coble Tyson to pay the bills as listed with the additions. The motion was seconded by Councilman Myers. All in favor.

Adjournment Page 27

A motion was made by Councilwoman Coble Tyson to adjourn the meeting at 9:40PM. The motion was seconded by Councilman Myers. All in favor.