Saturday, June 4, 2011

Yoe Borough Council Meeting Minutes April 5, 2011


YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on April 5, 2011

at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA.The meeting was

called to order at 7:02PM by President of Council Sam Snyder beginning with the Pledge

of Allegiance.

Council members in attendance:

Sam Snyder

Seth Noll

Tom Allar

Barry Myers

George Howett

Jamie Tyson

Wendy Coble Tyson

Others in attendance:

David Cook, Solicitor Jim Tyson, Resident

Steve Malesker, Engineer Stacy Blessing, Newsletter

Sandy Sterner, Secretary-Treasurer Coordinator

Dana Shearer, Maintenance

Glenn Neuhs, YSM


Councilman Snyder asked if everyone had the opportunity to look over the minutes from the prior meeting? Additions or corrections? We do have one to correct. When we reconvened last meeting on Page 23, it should read then. The motion was seconded by Snyder, all in favor. Then it reflected that the meeting was recessed which means it is still going on. The minutes need to reflect that the motion to adjourn the meeting was given by Noll and seconded by Snyder. Then all in favor. So the meeting is actually adjourned and not a continuation. Other than that. Any additions or corrections? A motion was

made by Councilman Allar to accept the meeting minutes of March 1, 2011 with the noted corrections.

The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said minutes



Councilman Snyder said the first on the agenda, is Dan Shaw, is not here. He’s actually requested at another time until council has a chance to review his documents.

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Councilman Snyder said next on the agenda was Mr. Glenn Neuhs from SSM. Before I turn it over to him,

just to give everyone a little background here, because I can’t say whose looking into yours and who didn’t. Basically how this all came about, was last week I was in and the comprehensive plan came in the mail and Dan Shaw happened to be here at the time. And said that, this is the final draft and was getting ready to be approved at the committee to be sent onto the respective boards and York County Planning.

I said final plans, I said when are you going to get input and he said, that’s been going on, don’t you have a big map. I said what big map? What are you talking about here? He said they have had a big map hanging up in the borough showing what projected uses are and stuff like that. I said no, we’ve never seen anything like that. So in the meantime, I made some phone calls between York County Planning, Dallastown, Red Lion trying to find out exactly what is going on here and they said we’re suppose to be commenting on this, taking it back to committee, so the committee can get it back to SSM so they can make all the necessary changes in this and I thought we don’t have another copy, more or less for anyone to look at, of what is even transpiring so I quickly just thought, if I don’t know what’s going on how is anyone else going to know what’s going on, I quickly skimmed over. And I thought okay, I’m just going to point this out to council. Figure seven, historic resources, in here there was a section, they identified an historic area in Dallastown and one in Red Lion and then when it got to Yoe, it says Yoe Borough doesn’t have any. And then I thought, well now wait a minute, I took an half of day, I came up with a list of at least thirty eight properties, all the properties pre date anything that is in there for Red Lion and Dallastown. Then I’m thinking okay, what’s the question here, did they look at us and say you don’t

qualify for some reason, is this is something that we need bring back to him. I really don’t know. So that’s then when I got the information from Lindsey Gerner from YCPC, who are we dealing with there so we can get Mr. Neuhs up here to talk to council to say this is exactly what we need to find out. We now have a plan that’s going to be coming to council to basically approve, to discuss but when we look through it,

we can pick up from here and we can look through it but then there are questions like that. Is this because you didn’t have the information, or is this something you’ve already looked at and said these don’t qualify? When you say, council we want you to make comments on this? That’s just a comment that I had, you need to bring us up to speed as to what you want input back from us so we can take this and say this is a good working document and go from here. So. At this point I’ll give it over to Mr. Neuhs and he can take it from here. Direct us on where we go from here. Mr. Neuhs said let’s start with the process. The thing was organized between the three boroughs and York County Planning Commission. Then a committee was formed. Quite awhile ago, that committee started meeting to get into the comprehensive process. One of the things that was done, was questionnaire throughout the communities, November of 2009 there was a public meeting that was advertised, that people could come with input as to issues in the region, of the three boroughs. Again the committee took a tour of the region. The committee then went into a series of focus group meetings on economic development, and on transportation, facilities where there was private expertise would come in and discuss with the committee. Then the committee met after that, they started putting a draft comprehensive plan together. So back last fall, there was a draft comprehensive plan prepared. And then the committee and the county started reviewing that, met several times and elected to make changes. Took awhile to make those changes. So recently the revised draft of the comprehensive plan was submitted. That was given to the committee members to give their input.

The process that was established, the committee would work on it, and with the various input that we got at the two public meetings some in 2010. And we got various input from whomever came. One was on the

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land use plan. Unfortunately there wasn’t attendance from Yoe. Another one was on strengths, weaknesses, goals, and objectives, vision. This term final draft, I have never used that. Other people have used that, I say revised draft, that is for the committee to review before was distributed. The process that we talked about with the committee was that, when the committee was satisfied with the plan, we would

include the planning commissions and the council, and bring all the councils together to talk about the plan, the process, what was in the plan. Yoe and the other borough councils, there’s not an individual meeting with those councils. Many have sat down with the committee. So, besides that this is a final draft, that’s not quite, this is a revised draft to go to the committee. Then involves the planning commissions and the councils in the region. That’s the over view of the process. Councilman Allar said Glenn, the draft we worked on for six months, 95% of that is in the new one. Mr. Neuhs and it was organized quite a bit, we organized as discussed in committee. So where it stands now, at this point, changes can be made to it.

I saw your email and comments on the first eight chapters, error, can be corrected. If there are things that you’d like to be included, those can be included. If there is something that needs strengthened a little bit, we can certainly do that. There may be some cases, there is not agreement among everyone, about what’s in the plan. One of the issues that you raised was, designation of the farm at the east end of the town. It is shown as commercial on the future land use plan. Apparently there are some differences in opinion on what that should be. In that case we are going to need direction from the borough whether, it’s a consensus or you have to take a vote, majority vote, we’re going to need your decision on that. And we’ll make the changes as directed by a majority of council. The specific thing about this history, the list of historic structures that is in the plan, is from the state’s register. That list is where that came from. Red Lion has a National Historic Register District. They’re historic district reflects that. Dallastown had an eligible historic district prepared and identified. That’s why there is a historic district there. To our knowledge,

there was never a historic district proposed or identified in Yoe. That doesn’t mean we can’t identify one

in the plan and certainly if you want to identify a potential historic district, we can do that. Councilman Snyder said that’s where we wanted to find out from council cause council hasn’t even looked at this.

You’re saying if there is a discrepancy on a piece of land use, we never discussed land use at all at the

council table. What I’m saying is and that’s exactly my question, when I read over the paperwork and says Yoe has 39% homes built before 1939. Personally I would say, I think you came up with the wrong number because I bet we’re close to 60 to 70 % because the town was established as of 1880, 1890.

And then we incorporated into a borough. That’s when I’m coming to you, I don’t know who to ask the questions to, its like if this is the borough and all these homes, 60 to70% predate 1890, wouldn’t that qualify, that’s a question I don’t know who to ask. If you say yes, that would qualify. Then I would that that is something we would need to identify here, my next question is, I thought the whole thing was about to do a tri borough comp plan. Okay, Yoe Borough, this is it. Part time employee, we have some professionals here, we couldn’t do what it takes to have the historic commission, to say these are the ordinances you have to enforce, but we could we do it if Red Lion and Dallastown joined in and created a joint historic commission and say you know what we are going to protect these three areas and this is what

we’ll have one to do it, I don’t know if that is feasible, we don’t know who to ask. So those are the questions, when I’m seeing these historic sites, should they be in here, I don’t know if they should ,maybe they don’t qualify, I don’t know. All in know is that there is one for 1911, all the rest are 1800, one goes back to 1770. Mr. Neuhs said and if we can include that list in the comprehensive plan, if you come up with the list. If you want to map out a historic district. We can do that. This is a suggested historic district

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in Yoe. That’s not a problem. The date for age of the houses, that 39%, that is census data. That is the data that we have to work with. Councilman Snyder said we’ll I figured their probably getting that, and again this is something hopefully you are being told. We have two different numbers here in town. We have an unit, EDU, we get charged for each individual housing unit, that may have 12 apartments in it, at the same

point its only one building. I just got the information, we have close to 260 houses or buildings. If you look at in proportion of how many of those buildings are pre 1939, I think you are going to find that number is substantially higher, than the unit number, the household number. You know that is what I said, I wanted you to come to say where you are at, this is where we want to be, this is what council needs to do because I mean you’re saying you held public hearing, didn’t get much input from Yoe. The information

wasn’t brought back to as far as to get it back to the people, this is what we want, this is why its important to go, this is what we expect you to do. I mean honestly, when you say, the last thing that was reported to council was they sent out the surveys, Tom reported back on the surveys and said what they results were.

I think the council everyone here on council pretty much agreed with what those results were. I think there was a little question, like Ms. Tyson down on the end. Made the comment, she said the borough needs direction on the plan on how to move forward. We already agreed we need to revitalize. When we discussed about doing the tri comp plan, we all felt we’re not an expert. So we bring in an expert, and

say what should we do, what is the best way to proceed. So when I’m looking at this, I’ll pull out a goal say like straighten George Street. I have to ask you why you picked that, I have no idea why you would say that needs to be done. Those are the types of questions that I think we need to look at and say this is what we need the council. Councilman Allar said the comp plan is there is nothing in there that we have to do, if we want to do something straighten out the dog leg, or whatever we want to do, if its not in the comp plan, then we are going to have hell to pay to try to get money for this. So you put everything in there, however remote, that just covers you. It is not a mandate, that you have to do this, this and this.

Councils change, people change, you are going to have different opinions. So that’s when you amend things. There is nothing in there that has to happen. Councilman Snyder said and that’s what I told him, I said I don’t want us to sit here and tear this apart and say we are starting from page 1. I what I want to try to do, is to bring speed up to council here and say this is where we are at, this is what we need to look at, this is what we need to be involved in, this is what we build on. Because that needs to be done. I really

got scared when I heard this is ready to go to York County Planning. We never even were asked for input.

Councilman Allar said the only document that was ever produced, was this six months ago, I only had one copy. Had an extra one for Jamie. This is about 95% the same as the draft. How much do these things cost to print? Mr. Neuhs said $200.00. Councilman Allar said we only have two full copies. The first disc was just presented recently. If you would have given me the courtesy to call me, I would have had copies to

share to talk about it. Instead of you flying into it. This is the first time we actually had anything to sit down and talk about. Mr. Neuhs said the key things to look at, I did read your comments on regional cooperation. Chapter 9, which is visual cooperation program. That is something that you should look at, to see how the municipality move forward working together. We do have a historic resources plan, to protect historic resources. To determine if a historic district in Yoe is feasible. To see if it feasible. Again, we just

didn’t say Yoe didn’t count, again look at it.. Data which would establish, identify a historic district.

Since its in the plan, we could do it after the plan or keep it in the plan now. For future land use plan, the discussion of the categories, that is in the plan. There is a key, that forms the basis for zoning. Summary

of Recommended of Economic Development, for the tri borough region, talking about regional approach for economic development, working together, having a regional Economic Development committee. The three boroughs working together, to help evaluate the area, that is in there. The regional projects are the

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projects for each municipality. That’s in the action plan according to what they’ve got, if you want to expand upon those, if some need to be changed, or deleted. Some of the key maps are targeted

investment areas, and again for Yoe we have downtown revitalization areas, designated residential

revitalization area, commercial enhancement. Those were looked at. We did have a future land use plan.

Historic resources, we are working on a data base. Transportation plan, looking at transportation assistance. These are key things to look at, I think looking forward, again if there are general comments we can take care of those. These are the things we need council to give us direction. So these are the items that if needed are for changes. I don’t know if you want to go back and have workshops among yourselves, or with me. Its not in our contract to go through a whole series of workshop for none of the councils. I will be glad to come to an extra meeting, sit down with you once, you think you are ready to look at it. I think the other two municipalities are more comfortable at this point just because they have a manager. So that’s how I see, look at the plan, the key elements, make changes and move forward. Councilman Snyder said I did contact Lindsey and if you don’t want to show up at a work shop you don’t have to. What we need to do is, tell us what input you want from council. Look at them. We can set up a workshop and Lindsey from YCP said she could be here or someone else from YCP can be here, we can take that and move forward. Mr. Neuhs said lets see how it pans out when you are ready to meet and I’ll try to make it to go over. Councilman Snyder said the borough hasn’t done a comprehensive plan in forty plus year, there isn’t one person sitting around this table that was done a comprehensive plan, we don’t know what is expected of us. I will take full responsibility of this council, because we expected that when we set a committee member out to that steering committee, that is there was something that needed brought back to the council to look at, it was looked at. If that didn’t happen, I’ll take responsibility for that, then we didn’t ask the right questions. We don’t know what the right questions are. This is the first time that this council has taken a look at it. So there’s questions, that’s what I said, we don’t know where this is coming up, I’m looking at a list like that, and I compiled that in a half a day, to get the actual addresses with the actual places. Then I’m looking at something else here, is this something we’re recommending or is this something that we needed to have input in, because we didn’t have the input this is just what you decided to do. Mr. Neuhs said that product, it’s a product of our firm, YCPC, the committee, any input that we got from the public along the way. When it comes to the comprehensive plan we just don’t write up a comprehensive plan, we’re here, it came out of that tour, the public meetings,

the questionnaire, discussion at the committee, to do that first draft. I don’t want you to think that we want to shove something down your throat and that term final, I can see where it would rub you the wrong way.

That wasn’t the idea. Councilman Snyder said when I heard this is being readied to be approved at another meeting to go to York County. It’s like, well my God don’t you think we should be looking at and have some input here. Councilman Allar said that hasn’t even gone to the planning commission yet. Mr. Neuhs said to get the comprehensive plan adopted, its got to get out of committee, there are public, an official public meeting, which is held by the planning commission. It will be basically the Dallastown and Red Lion planning commission holding their public meeting. Its recommended to council and then the council holds a public hearing so they’re still a ways away from adopting this thing. Councilman Allar said we could have a meeting amongst ourselves for six months, but no one wanted to make any. Councilwoman Tyson said now that everyone does know, we can come together. Councilman Allar said I agree, I just don’t like some of the comments, because you are looking at it for the first, I’m somehow the bad guy.

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I take offense to that. Councilman Howett said just stop, its not necessary to go there, let’s work on the plan. Let’s move on here, its fine and dandy, none of us looked at it, and paid attention, we were doing other things, that’s the way it is, let’s hold it right there and move on. Councilman Snyder said do we want to set up a workshop to discuss this. I didn’t talk with John. He said he may not be here, probably coming in late. He was thinking the twentieth or twenty seventh would work for him. Looking at something during the day. I told him the 20, 21, 22. You reminded me that the 22nd is Good Friday. Councilwoman Tyson said I wouldn’t have class then. I would be available. Councilman Snyder said the 27th, 28th and 29th.

Because the first thing, is to take copies home. Do we have discs? Councilman Allar said I asked how we do we go about doing that? Councilman Snyder asked do you want to try to make copies Councilman Noll? Councilman Tyson would like the hard copy. Councilman Noll said he will make five copies.

The secretary said Councilman Allar and Councilwoman Tyson have a hard copy. And George, Wendy

and Sam have discs. And Tom has a disc and hard copy. Councilman Noll has a disc. That means Barry, John and Steve Malesker need discs. And the extras would be available if someone needs them from

the public. Councilman Snyder asked when we want to set up a. Councilwoman Tyson said I do not have classes on Good Friday. Councilman Snyder it is set up for April 22, 2011 at 1:30 PM. Councilman Snyder asked do you want to go over again since everyone is getting this now, what they should concentrate on. Mr. Neuhs said the things they should concentrate on are: Figure 18(Transporation

Plan), Figure 7 ( Historic Resources/if you want to map out historic district), Figure 14(Future land

use plan), Figure 16(Targeted Investment Areas)(Note the maps are probably pretty small on the disc

so you may want to have some hard copies) Chapter 16(there is a pull out table of projects, particularly

pages 21 and 24), Chapter 14(starting on page 13, Recommended Elements of Economic Development),

Chapter 6(starting on page 2 which describes the future land use strategies ) Chapter 11(Page 2, actions to protect historic resources) Chapter 9 (Page 2, Page 3) that’s the proposed regional cooperation program.

Councilman Snyder said thanks for coming here tonight. Councilman Allar said its still on, there is a comp committee meeting on April 13th at Red Lion to discuss the revised draft. The secretary asked if this has to be advertised just like the budget workshop. Attorney Cook said assuming that the council isn’t doing anything particular at that point and time. Councilman Snyder said if anything it is like a consensus of council. But its no decisions, because evidently we are going to ultimately have to approved the plan.

Basically at this point, we want to see input. Attorney Cook said I wouldn’t see that, it would need to be advertised. The secretary said we do for budget workshop, we don’t make any decisions either. Attorney Cook said if you advertise the budget for public comment at that time, to do your homework, at council meeting have further discussion about it. The secretary said I am just asking, I always advertise the budget workshop, I was advised to do that a long time ago, and we don’t make a decision. Anyone that wants to can come in. Attorney Cook said it depends if you have it open to the public like a council meeting. The secretary said I was always told when more than four meet, then to advertise it. Councilman Snyder said with sunshine law. The secretary said I don’t want to get in trouble, all I’m saying you make the decision. Councilman Snyder said we always could but we would run into the same problem like we did this last time. Trying to get her, to finish up the minutes for the next meeting. If you are saying that you don’t need to because there is no discussion, then you don’t need to. The secretary said its on the tape now, that I don’t need to.

My name is Jim Tyson, I was advised by a council member that the in reference to the refuse contained that was suppose to be setting in the future at Elm Street Apartments. I was advised to come to council and

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bring some paperwork along with me. For the engineer and solicitor to be here. I was to have something, let them look at this and their interpretation, since the alley way was returned to the property owners. I’d like to have them look at this and tell me, I interpret what is written in black and white myself. If I may approach them, I’d like them to look at this. The way I was understood, when the alley way was returned

to the property owner, that this refuse container was to be placed in the middle of on the map, what shows as an alley way. Well, if you would look at that real quick, the way I understand it, that is not a feasible

proposal. Because the residents on that side of South Main Street in conjunction with Elm Street being

to the reverse of it. They own half of that alley way. Which means that there would be an encroachment.

Again maybe I’m reading it wrong. Also the roads are posted as 6 tons. At the bottom of the alley between Elm and South Main Street there is a storm culvert that was put in. If you are going to be running a truck

run vehicle, which is 56, 000 pounds, on a road that is classified as 6 tons or 12, 000 pounds. It’s a law breaker. Correct me if I’m wrong. Councilwoman Tyson said if its 5600 pounds. Mr. Tyson said 56, 000 pounds. Mr. Shearer said the six ton weight limit is not a structural weight limit. That is a safety weight limit enacted to reduce the size of the truck. The ordinance that issued the six ton weight limit on that street clearly defines refuse trucks as a permit able vehicle. So that truck is authorized to drive on that street. Mr. Tyson said I’m asking, the road up here, at the end of this street that runs Yoe Drive and York Township, they have 9, 000 pounds, they were advised to put except local deliveries. Because there is

a farmer that lives on that road. Mr. Shearer said the traffic study I don’t believe required 9 tons.

Councilwoman Tyson asked is that something we should put on there? Councilman Noll said the way

the ordinance is written as long the ordinance addresses it as a useable, where the problem was on that road the ordinance did not address it as a specific use, that’s why had to be posted. The ordinance does address other trucks as a permissible use. Mr. Tyson said according to that paperwork, we had it measured it out, my father in law and I own half of the alley. We own the property, and that’s where the refuse container is to be placed. No problem with the apartment renters using it. Its where its proposed to be placed, above the next adjacent property. Who is going to pay for the alley being crushed, that’s why it was never seal coated, the man the owns the apartments, didn’t seal coat it at that area. Councilman Snyder said if I may at this point, we’ll take your comments into consideration. It’s a little premature, there is nothing there. Again, to address your concerns, I sort of mentioned it before the meeting but I’ll

mention it for the record. The borough once it has a proposed alley, this is based on legal advice two, to three solicitors prior to Mr. Cook. Because we have this issue come up quite a bit in this town. Legal advice from that council going back to 1990, 1991, is if a proposed alley is not adopted and not opened

within 21 years, it reverts back to private ownership and the municipality no longer has the ability to

open that alley up. If it has been adopted, then it is the borough’s right to open it any time it feels

fit without proper notice until such time that the municipality relinquishes its ownership by abandonment.

This particular area was never ordain or officially adopted by the municipality, it hasn’t been maintained for 21 years therefore after that period, we as a municipality can not go in and open it. When Mr. Henry

came to us and said about potentially putting the garbage bin back there, we instructed him just like I just did you, fine, go ahead if that’s where you want to put it, again, that does not mean that private rights do

not exist. It would be his responsibility to find out where his property line is and if you feel he is placing it

on your property that is the time you need to tell him that he is encroaching on your property. I mean.

Councilman Noll said I think council was very explicit that was the area was chosen but we have do

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diligence to make sure that its feasible. Councilman Snyder said we can’t dispute what you are saying but at the same point he’s been forewarned about it. I don’t if he’s even pursuing getting the dumpster to be

totally honest, and he hasn’t up to this point because the contract already in force in five months.

Councilman Noll said and we told him he’d have to get a building permit as well. Nothing like that has been applied for. Mr. Tyson said the reason I brought that paper up, to see that somebody advised me, if you go back to January’s meeting, I was present. I was told that’s where its going. I apologized to the man over the phone, I felt that it was being shoved down my throat and I apologized again and if I get a chance I want to shake their hand and hope they want to shake mine. And apologize. So. Because of the way it come off, this is how it is. I appreciate the council taking the time on hearing me, I appreciate the solicitor time to look it over. Thank you sir. Have a good evening. Councilman Snyder said thanks for coming tonight.

Councilman Snyder said okay, Stacy. Ms. Blessing said I have a few copies of spring/summer 2011 newsletter. I want to go over a few things, I do not expect you look at everything right now. I’m going to leave this here for about a week. I will leave all these copies here. I am well aware of the errors on it, with the print, that isn’t how it looks when it is printed at the printer. On page 2 and 3, the font is a little off side, if you need it larger or smaller, let me know. Councilwoman Tyson said I think the font is fine, if you have that entire box filled, you can push the right column to make it bigger. Its kind of lacking something there. Some of these numbers here. Ms. Blessing said on my version they are. Just want to check the phone numbers are correct. As far as changing it down, I purposely left this part larger for phone numbers.

I took the brochures that Sandy gave me, and condensed them. Emergency management letter, that is the one Mayor Sanford sent you. The secretary said the form is hanging on the bulletin board, if any resident needs it they can call me and I can send it out. Review continued of the newsletter. Ms. Blessing said there is no local business information, if there is information in there you don’t think is necessary please

let me know. Ms. Blessing asked what month would you like the fall/winter newsletter to come out?

Mr. Shearer said the last one was right before Halloween. Councilman Noll asked would mid October be good with all the announcements, with leaf collection, etc? The secretary said when I do reports, I send a copy of the newsletters for promotion of MS-4 and recycling for yearly reports that the borough is required to fill out. Councilwoman Tyson said the activities were listed in the newsletter, for people my age, this is something we could have in to read and get involved in. If we took something out or shortened it, we could add the activities, that is something I’d like to see more of. The secretary said I can bring the Dallastown newsletter for Stacy’s review. I told her that they are having summer rec this year at Dallastown Community Park in cooperation with York Township. Registration is past for the first group. I think you can still register but there is a limit for each park. Councilman Allar asked how is the cost for the newsletter going? Ms. Blessing said I’m not finished asking some of the businesses yet. I haven’t gotten at that point yet. I don’t know how many off hand. Ms. Blessing said the process is getting easier for me, I don’t have to spend as much time. I want to make it more appealing to the public. Councilman Allar said it’s a very good job. Councilman Snyder said if you want , with what Jamie is talking about, if council wants, interestingly enough looking over the comp plan, we need to look at the three boroughs as one big area, versus, Yoe Borough, Red Lion and Dallastown. If you want I can make contact with Red Lion and Dallastown, get a contact name for their rec director. Is there a contact number that they have, look Yoe residents if you want to sign up for Cougar baseball, here’s the information.

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Red Lion puts on fireworks for the Fourth of July, we could advertise that kind of stuff if we have a contact number for one person, then you can say, here’s my deadline, we would like information for Red Lion, they have Old Fashion Days. I wouldn’t know who you would contact about it. Ms. Blessing said I had some that information before. Councilman Snyder said if our newsletters coincide, maybe its

something you know your time line then. We can say here’s the contact information, and you know what you are looking for you can say, Connie, this is what we need. She can either make the phone call or she can get you in contact, that’s if council has a problem with that. I know where Jamie is trying to get to,

its like. We don’t have a rec board here, but that’s not saying that kids couldn’t walk up to. Dallastown Cougars uses our field. They may know when the sign up for Dallastown Cougars is, I don’t know. Probably not hurt to get stuff like that in. Does council, would you have a problem with that, to see what’s

available out there, with events? Councilman Noll said if they have a newsletter coordinator, maybe you

can share ideas. Ms. Blessing said I will pick up the copy of the newsletter then, and make any changes. Councilman Snyder said thanks for coming another awesome job.

Solicitor’s Report

Attorney Cook said we have the disc of the new codification of ordinances and I have a copy here for the

York County Law Library, I’ll get it to them.

Attorney Cook said the Main Street property, the shed and tree, two letters went out, first letter went only

certified mail, listing any deficiencies and problems with code violations and came back as unclaimed.

The second letter went out, including a copy of the first letter, indication in short wasn’t any extension

of the time line but as a courtesy then have ten days to address that letter to address the problems or file a notice to appeal. The ten day period elapsed yesterday. First letter went out March 4 as certified, the second letter went out March 25 in regular mail. Copies of the March 4th and 25th letter was given to

the borough. Attorney Cook said he had until April 4th to file an appeal. Councilman Allar said for your

information, the neighbors had told me, he had tree people out there to give him an estimate to

take the tree down. I haven’t seen that, and know if that is true. I have nothing as far as of the shed.

Attorney Cook said I think we discussed this before, council is willing to work with him on the issues.

If he contacted us, we would deal with extending the deadline. Do you want to pursue or move forward in

removing these items? Or could there be a follow up letter giving him the means to have him contact

within X number of days? To advise us of his plan. I’ll leave that up to your guys. At this point the deadline has passed. The marching orders is to this point, is the borough is going to take action. Do you want to do that, if he is that close, to give us a plan so we know there is a plan in places so the borough

doesn’t have to have someone come in and have his tree taken out, or his shed removed. Councilwoman

Tyson asked he hasn’t contacted the borough with his plan? Attorney Cook said he hasn’t contacted the

borough or he hasn’t contacted my office. Discussion continued on the next step. Councilman Snyder said we can at least be notified that is being worked on, we can send a letter saying you’re right to appeal has

expired, please inform us with a plan as to when you plan to take action and what that action is going to be. Because otherwise, we have no choice but to go in and do it ourselves. We’re going to expend thousands of dollars to do it, we’re not getting it back. By next council meeting, if there is no plan then.

Councilman Myers asked if we got a price yet. Councilman Allar said we received some tree removal estimates, approximately $5,000.00 for taking down the tree, etc. Discussion continued. Councilman Noll

Solicitor’s Report(cont.) Page 10

said what does the law say about billing him, I realize we probably won’t get the money. Can we send him the bill for it? Is it that black and white? Attorney Cook said my suggestion is to send him the bill first,

if he does pay it, you’ve saved some money. Or a municipal lien, costs would be incurred for that by the

borough. Councilman Noll asked any idea how much that would cost the borough to file a municipal lien?

Attorney Cook said around $52.00. Councilman Snyder said the big expense involved would be the $5,000.00 to tear down the tree, and not getting paid for it. Discussion continued. Councilman Snyder said send him a letter, your time elapsed, we expected to have a plan of action to the borough office in a certain amount of time, if not. Councilman Noll said when the letter time runs up, then we have an arborist arrive the next day and drop a tree. Attorney Cook said yes. Attorney Cook said I can include in that letter, if no response is made within that fourteen day period, on day fifteen or any time thereafter the borough will be coming in to remove this, the cost will be incurred by you plus 10%. Councilman Noll said I don’t want to see us in the paper, the jaws come down on a property owner, I just want to make sure we do it right way.

Discussion continued. Councilman Snyder said you will get a letter off, give him another fourteen days,

and get us a copy so we know when that time has expired. If we haven’t heard from you, we’ll proceed.

Councilman Myers said on the fifteenth day that tree better not be standing. Or you are going to hear from me. Councilman Snyder said if that is the case, then we have to have Dana have someone on stand by to say. Mr. Shearer. said I would like to have Barry since he is my boss, to contact American Tree. Councilman Snyder said wait until his letter is dated. If you can get the letter out, as long as we can make arrangements by the 25th, if we have no response by the 25th, we are going to do what we need to do.

Councilman Snyder said Barry, since you missed the first part of the meeting. We had a gentleman here from SSM. We have a workshop scheduled for April 22 at 1:30PM.

Attorney Cook said on the Orchard Hills Vista issue, tabling is that still an issue? Mr. Malesker said York County Planning denied their plan at their meeting last month. I guess you did rescind your motion, that we denied it too. Councilman Snyder said we did receive notice from York County Planning that on their last meeting, the letter was dated March 2nd, that they recommended denial of the Orchard Hills Vista subdivision. A motion was made by Councilman Noll that we follow suit with York County Planning and also deny the plan for Orchard Hills Vista. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said plan is denied. Mr. Malesker said I sent a previous letter saying it was denied, that letter was never rescinded, there is no reason to spend anymore money.

Attorney Cook said on the quiet title action. The only, by the way it seems I had a lot of calls. You are required to give a ten day notice. It went out the 21st. A lot of calls about wanting to talk about the Yoe

Rail Trail, documents that they received about the Yoe Rail Trail, saying the trail is going there. They’re not making claim but we are required to file legal notices to them, if they want to do something they have to act. The only person that filed an answer was Mr. Claycomb. The only other property, where a chain of title, the owner is a little convoluted. Filed an amended complaint instead of serving, in order to get the proper party notice. Instead of serving twenty some people with an amended complaint, reopening the entire process and confusing even more. We will get the entries of the default judgment done for the majority of the people. Then we only have to serve Mr. Claycomb and the other title owner with a notice of the process. So that’s where we stand on that. The unfortunate part is that with Mr. Claycomb filing an answer, essentially asserting he has been maintaining that particular area. Unless some agreement or resolution is reached with the plan, refers back to them presenting their argument, on that particular stretch. Its just that particular stretch that Mr. Claycomb is putting in question. If he was putting into

Solicitor’s Report(cont.) Page 11

question the majority of the area, he is questioning the area that he has put claim for. The question is why he particularly wants to claim, if his intention was to claim beyond the center line. He would have to join the property owners on the other side in order to make that claim. My perspective is that he is only claiming up to the center line. Councilman Snyder said when I saw his letter saying some of the resolution

can be obtained. I’ll send him a notice and say hey look, give me a call, we don’t have his contact information. I know exactly what you are looking for, so we can open up the discussion. He called me back and said look, he’s only clearing up, if I have an answer because he didn’t know what else to do. He feels that he’s maintaining that whole area down to the lower portion of Pennsylvania Avenue. He has been there for the last eight years. He was really upset with the way the answer came out, and said it was outright lie. I said well you are allowed to have your own opinion. The whole problem is who owns what.

I can tell you this right now, I can’t speak for council, we want to clear this mess up. I said this area, has to be title to someone, you are maintaining it without having title to it, your next predecessor in title may say I’m not maintaining it and there we have this problem again. Tell me what you are looking for. I will take it back to our solicitor. I said you need to look at this whole parcel as a whole, you may have been maintaining right there in front of your house, you’ve never come down to the far end around Church Avenue. He said no I haven’t. I said that’s what we are talking about. Just as we say we’ve been maintaining it, I can’t tell you exactly how far up to the Stough property. There is no clear delineation of property line. So he said, what is the borough planning on doing with it. Right now we are trying to get it titled, clearly into someone’s name, so it has clear ownership. I said continue to maintain it. It has been identified as a parking lot for the rail trail which has not been approved yet. I said its also been identified on the comp plan, that hasn’t been approved yet. The only thing I can tell you for sure is we’re going to maintain it. That way when there are people parking on there, we can get them off. He said what do you mean by maintain? He said clearly, if you mean like you do at the other end, which is mowing it once a month, that’s unacceptable. I said that’s what we plan on doing, same schedule as what we do the dams.

Last year that area up by your house, we had to get in there and mow. We thought that Mr. Stough wasn’t taken care of it. And he said its because he had problems with his foot/ankle and he wasn’t able to. Exactly, we need to clean this up. He said what he is interested is, is the portion specifically in front of his two lots. His one at his house and an open lot, he uses contiguously. It’s the one towards the Stough property. The map was opened for reviewed. Councilman Snyder said 108 and 109. He wants everything from there down. Basically it would be half. Councilman Allar said I met him at one of the rail trail meetings, I ended up talking to him for two hours. He is concerned, he has been lead to believe that there is going to be a turnabout or roundabout turning traffic around his house. Councilman Allar said I’ve been with the rail trail for two years and this is the first time I’ve heard about it. Councilman Snyder said I said I don’t know what, as far as the rail trail head, it’s a theory. Councilman Allar said he didn’t know it would be rail trail and parking. He said that would be good, we need more parking up here. Sounded like this made sense. Fire company has already had concerns about getting emergency vehicles up there.

He said he was angry and the borough is lying to me. Councilman Allar said I said the traffic pattern is not going to change. As far as the rail trail goes, we’ve never had a discussion down to this kind of detail. The only thing we have, is this artistic drawing of what it might look like. There is nothing about roundabouts.

He was afraid that the traffic is going to be like, this is a one way, it would swing around and some how come around this way. I said no, that isn’t the vision of the rail trail. It would be in two levels. He asked me to come see him on Saturday, he wants to look at this. As Sam was saying, what he would like, this lower third, and I’m saying, maybe this is doable, to be honest, this lower third is the narrow piece and the steepest piece, we probably aren’t going to be using it anyway. The parking is going to be up in this area.

Solicitor’s Report(cont.) Page 12

If he can be satisfied, legally as far as home owner, he doesn’t know that. If he could have to the mid line and have some sort of assurances that we aren’t going to be putting more traffic through, I think we can make a deal. That’s where he seems to be coming from. If you notice here we have 400 feet end to end,

I measured in front of his property, we’re talking about 140, which leaves 260 feet. I think will be more and enough. Discussion continued. Councilman Allar said if I go see him, I’d like to have someone go with me. Sometime Saturday. Connie put some information on the trail heads to the newspaper.

Councilman Snyder said he is willing to work that deal. I couldn’t speak for council as far what is acceptable for the rail trail. Tom is saying that we could do away with that. At the same point it would be a legal issue, I don’t know if the courts, would go for it. What you’re creating there may be a non conforming lot. So basically he said he is willing to work out a deal if possible if not he’s willing to take on the entire lot. He understood where we are coming from, that someone have ownership of this whole parcel. Councilman Allar said we go back over and point some of this stuff out. I am fairly convinced, the land he is concerned with is not really going to be useable. Discussion continued. Councilman Allar said it would go back to Dave for what kind of document may be needed. If he agrees with Yoe Borough, can we keep it simple. Have an agreement that we will, whatever the term is, lease/easement, have it to perpetuity.

Wouldn’t it be easier to take the whole piece and lease back to him a particular piece for his use.

Attorney Cook said that would be an option 2. Councilman Allar said put it in the title. Attorney Cook said that certainly is an option too. Councilman Snyder said if we lease it to him, we have liability issues.

I just thought the only we would have to do, identify it through a survey and say look, let the courts, give you title to that, then he will be paying tax revenue on it and we’re clear of it. Councilman Allar said he may say if I’m paying for a lawyer I may want a bigger piece. Discussion continued. Attorney Cook said we can have a judgment of description and have title to the portion right in front of his house to the center line. Discussion continued. Attorney Cook said there are a lot of options. We have time. If Councilman Allar wants to talk to him, and then we can discuss options further. Discussion continued.

Attorney Cook said the only other issue is with Dan Shaw coming and picking up the code of ordinances.

It appears he has done that. A plan or discussion as to how the new ordinances enforced. I asked him to at least to begin reviewing them, so he is familiar with them.

Councilman Myers reported that Sunday night we had a garage fire on Broad Street in the rear. Its one of the structures that we have had issues with. It burned a little bit. Discussion continued. Councilman Myers said we are pretty sure its going to be electrical. The fire marshal and myself that the structure is unsafe and may need to be torn down. Councilman Noll said Code Administrators may need to come down and declare it an unsafe structure.

Councilman Allar said I want to mention about the status of York Township Mitigation and the movement on the wetlands at Mill Creek. Bob Miller of York Township and Jake Romig, they have talked. Miller is still moving forward. At one point he stopped, the Growing Greener funding is to expire June 30th. He has changed his mind and there is something going out on the street. They want to move this along as much as possible, and get a DEP permit. For two reasons, they are going in for the extension of the Growing Greener I. If they have shown progress on this, maybe they have a better chance of getting the extension. Second point is if there is other money that comes available like the stimulus money or whatever, if they

Solicitor’s Report(cont.) Page 13

can get this to the shovel ready status then might open themselves up for county money, something of that nature. Legally, Jake would like to talk to you about certain legal documents that will have to be signed off on with the township. However we have incur the cost of preparing it. It has to do with the relocation of the wetlands. The only issue is, one of timeliness, Jake can explain this. What I don’t want to see happen, is township goes forward, and at some point they are saying Yoe Borough is delaying this, they’re not get their stuff together so they can get their stuff together. Jake will fill you in on detail. Councilman Noll said the legal documents part of the grant that we received, part that has to be filled out or finalized.

It has to do with easement. Jake has copies based on what the state uses.

Councilman Noll said is it our policy. Our friend that came to visit, he wanted me to drop what I was doing and come over and look at his property. I refused to do it. What is our policy as of meeting residents? Has that ever been discussed? Councilman Snyder said we don’t have a policy. If you don’t feel comfortable. Councilman Noll said I know we are not to gather in a group more than three due to the quorum situation. I didn’t know if any other municipalities have any rules. Attorney Cook said I’m not particularly aware of any on the best practices. Depending on what the issue is, at the council meeting is where the information is presented. I have this information that is the short of it, should I bring to council or not. It should be brought to all the council member’s attention, not that just you are privy to the information yourself. Generally it is best to do that. If you meet, it is best to have a second individual there in case there is some sort of disagreement and also know what is actually said. Councilman Noll said it was a just a question, its something that I am comfortable with most people, just wanted to see if there was a policy. Councilman Snyder said put it this way, if you are uncomfortable meeting someone, get someone to go with you that is great, or have that person bring their issue to council.

Engineer’s Report

Mr. Malesker said we already covered Orchard Hills.

Mr. Malesker said we will go into the flood impoundment restoration, we met out there on March 3rd, we met with the contractor. And we came up and discussed some items that need to be addressed by

Flyway. I have attached a punch list that came from Flyway that was sent to the borough for approval.

He is going to reposition a couple rocks on the south bank, Structure 2. Structure 3, he is going to reposition one rock on the south bank and add a couple small rocks on the north bank. Structure 4, he is going to add one rock on the south bank. And YCCD mentioned there was some ground settling on north bank and he is going re-grade and stabilize. Structure 5 is good. Structure 6 where they toed in the erosion control blanket, he is going to reinstall that. No work needed for structure 7 through 10. We discussed the elevation of the weir invert. Jeremy was thinking that maybe it was actually at that elevation when he started. We had benchmark on that, from a previous survey. We were authorized to verify what the current elevation of the invert is. We found that its 2/10 foot higher than our previous survey which equates to about 2 ½ inches. Flyway agreed that if it is high, they will adjust the weir down to where it should be.

They have agreed to do that. I did talk to Tom about methods that they could use to do that. It is possible more things, we think there is debris under the weir plate that is keeping it, groove there, if there is debris there, won’t let the plate go all the way down. We talked about some sand bags, diverting the water, helping it get around. We talked to Jeremy, he said he already talked to Tom about it. He is just going to

Engineer’s Report(cont.) Page 14

by pass pump when he does that. We can see if there is something besides debris that is keeping that plate from coming down. If there is an issue with concrete in the groove or anything like that, if he is going to pump that around, there is no water, reason to see what is going on. Then we can put that to rest. The last thing we looked at the rip rap apron, everything was good. No work needs to be done. This was the scope of work that he came up with and the borough accepted. Tom, on behalf of the borough, agreed with what was going on there. And then Jeremy indicated that they are going to try to get in there sometime in mid April to address these issues. Jeremy is to contact everybody when the repairs are done so we can look at it again. Discussion continued. Mr. Malesker said provided they do everything in their outline scope and make a final visit, its okay then we will release the funds. Discussion continued.

Mr. Malesker said as far as the wetland mitigation, Tom has already brought us up to speed on what’s going on there. We provided the plan a long time ago.

Mr. Malesker said DCED was suppose to meet March 13, 2011, they postponed that meeting until April 7, 2011. So there is still no decisions on the H2O grant. Councilman Allar said the way it works, the Commonwealth Financial Authority is part of the process. The word I’m getting is that we may not be getting this, no guarantees. Mr. Malesker said its an ongoing grant, so you don’t have to reapply each year.

Councilman Allar said that’s correct. Mr. Malesker said you still have the opportunity, and you went through the exercise in evaluation the storm water, that’s what you needed as well.

Mr. Malesker said something we talked about last month is the potential CDBG projects. I’ve attached an estimate for us to do the applications. The first project would be to update the current zoning ordinance.

Estimated fee is $425.00. You are very likely, shoe in for the planning things to get that. Project 2 is curb and sidewalk on both sides of Philadelphia Street from Main to the park. Estimated fee is $1000.00. I talked to Joiann about that, and she felt that had a really good chance. Project 3 would be doing repairs to the Mason Avenue culverts. I would need to have some recommended work, I inspected that quite a few years ago. I was planning on using that report for the basis of the recommendation. I would update the cost for current costs. Estimated fee would be $425.00 The fourth project was doing the repairs on Church Street. We don’t have any engineering on the condition of this bridge so I would do a inspection of it, that inspection part of is eligible for liquid fuels, I would do that inspection for $500.00. Estimate fee would

be $425.00 for application. So total with the inspection $925.00 for that application. Total for all of these would be $2775.00 to provide 2012-2014 CDBG application. You can pick and choose. You will have to let me know your priorities for the last three. Discussion continued. Councilman Noll said there is another one, with the Community Greenway with Red Lion, Dallastown, and Yoe, we want to look at this piece of land down here for these parking lots and other things, look at these trail heads. The other two municipalities, would like us to look at Growing greener grants, it would be a matching grant. Because its no way we can pay for a parking lot, until we terrace and everything else. We would need some kind of match here. The thought was CDBG could be it, 2013 would be the grant cycle. Councilman Allar said there is a slight twist, at the last rail trail meeting, the rail trail group will be submitting for a CDBG grant on their own as part of the rail trail project. Not to be in competition with what we’re doing. When we went after the money for the comp plan, we went after CDBG money as well to match the state which did not interfere. Same three year period. The tri borough group is putting in the money for the comp plan. Not in competition. Councilman Noll said the only thing I’m not sure, if we go for a CDBG for the three municipalities, it looks like Red Lion will take the lead on that, I do not know what our contribution

Engineer’s Report(cont.) Page 15

to the application will be. Mr. Malesker said applications are due June 3rd, there is a resolution that goes with it. Discussion continued. Councilman Snyder said you are saying Tom, that this council doesn’t have to make a decision for the CDBG for the rail trail. Councilman Allar said four municipalities out of the seven, Red Lion, Dallastown, Yoe and York Township will be going forward with the CDBG. Councilman Noll said what is Yoe’s part of the application? Councilman Allar said it wasn’t discussed.

Councilman Noll said Dianne bounced it off of me this after, she didn’t see the resolution and push off the grant until next year. Do we want to go on with the grant it would just be Red Lion and Dallastown and Yoe for trail heads within the pilot program? Councilman Snyder said at this point, we have nothing here.

Like with this we have $3000.00 to do these applications, are you willing to pay your $1000.00? If we had that we could say yes or no. Councilman Noll said let me investigate it. Councilman Allar said Debra asked that we have committee members represent Yoe, I told her I would bring it up tonight and email her.

Discussion continued. Councilman Snyder said we can continue to explore it. Understand make sure when you continue the dialogue, let them know where we are at with this land and the quiet title. Depending on how that turns out, there may not be a trail head to approved. They need to know all these issues. Discussion continued. Councilman Snyder said now Jamie is saying that she was talking to residents down there and they don’t like the rail trail going where its at. One comment that Connie made, isn’t it stupid we are putting in rail heads before we have the whole problem of the rail trail itself set up. I told her, it doesn’t matter to me one way or another. We already identified it for parking for downtown. They had issues, as long as we keep everyone on board. Discussion continued. Councilman Snyder said we direct Seth to continue negotiations on that way, inform them of all the issues. Councilman Allar said Seth needs to come to these rail trail meetings. Councilman Noll asked is this the same one, they are talking about going after money for the trail itself and going for separate money for the trail heads. Councilman Allar said the trail heads is what we are talking about. Councilman Noll said I was called to the meeting and didn’t know really what it was about. I can inform Dianne we are willing to listen. Discussion continued.

Councilwoman Tyson said just so its clear, they would like someone to be part of the steering committee and the pilot committee. Councilman Allar said I was going to work on the pilot feasibility because that is what all the meetings are going to be. If you want to be the primary for the steering committee, we still need back ups. Councilwoman Tyson said I am only available at certain times. Councilman Allar said as a member you need to voice that. Discussion continued. Councilman Allar said Dana if you want to be backup with me and the feasibility. Then we need a back up for the steering committee. Councilman Snyder said he will be the backup for the steering committee.

Councilman Snyder said there is a consensus of council that the four projects for CDBG are the ones listed by Mr. Malesker. A motion to accept these four projects with those four cost estimates to apply for CDBG funding by Councilman Noll. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. As for ranking them. Item one is planning so that’s out of the picture. Is it possible, you already said Joiann said we are high on the priority list for the sidewalk project because it’s a continuation of one we already did. That seems real smart to go with that. Tom brought up a good point with the safety with the bridge. Is there any way, now 2, 3, 4 as 1, 2, 3 on the non planning side? Until you do your inspection we don’t know if there is a safety issue with the bridges, without the inspection report, its hard to prioritize. We may have a safety issue. Mr. Malesker said you will have time to finalize these at the next meeting. I am not going to re-inspect the Mason culvert. Discussion continued. Councilman Snyder said we won’t rank them until you come back with your inspection. Discussion continued.

Engineer’s Report(cont.) Page 16

A motion was made by Councilman Noll that we go for four projects that we got and rank them proportionally. Mr. Malesker said I don’t think there is any ranking in the resolution. Councilman Snyder said you can go out and do the inspection so we can make an informed decision next month. The motion was seconded by Councilwoman Tyson. All in favor. Councilman Snyder said motion carried. Mr. Malesker asked do you want me to have the inspection Church Street bridge inspection a separate project so liquid fuels can be done. Councilman Snyder said yes.

Mr. Malesker said the last thing, comments on York County Conservation District’s Memorandum of Understanding. That is also attached to the report. You can take a look at these and see if you agree.

I would recommend if you want to sit down with Eric or Brian Withiam you respond to that actual email. In the email it says they will be contact you to set up a meeting, I am not sure if they are being proactive about that, you may want request that meeting with them. These are things that we have consistently noted for the other municipalities that we represent. Some have been signed already. The conservation district hasn’t had any issues either. Some have met with them, some have just thrown the memorandum in the trash, they don’t want the conservation district forced on them. Some just crossed out these sections and signed it. It makes sense to set up a meeting with them. If you want me at that meeting or not, you have the recommendations. I can forward this email to YCCD. You haven’t heard of them setting up this meeting, and say this is what our engineer is recommending. Do you want to have a meeting? If they say no, I can strike this stuff out and bring the memorandum for the next council meeting. Discussion continued. Councilman Snyder said I’ll just forward on to whomever sent us the request.

Maintenance Report

Mr. Shearer reported that Fitz and Smith is going to be returning shortly to discuss our concerns. We did have a hard rain, the Boltz family still has a lot of water coming through the sidewall of the house. We do need to do a little more digging there. The flow at 147 has slowed up a lot. Still need to try to locate where the piping for that is, its under the house at 153 which is in the basement. We may have to go into 171.

Somewhere in the area of the cement swale there, if we can tie that in to the rest of the project to eliminate that flow to satisfy PENN DOT.

Mr. Shearer said we did get the salt contract paperwork completed.

Mr. Shearer reported for street sweeping, they will start April 26, 2011. Try to do the sweeping in sections.

Mr. Shearer reported that the property maintenance rental fee letters have had the wording changed to meet the new ordinance and have been sent. I did receive a tenant complaint of 53 N. Church Street.

I went to inspect and have Dan go with me. I tried to make contact with the property owner and that got stalled. The tenant was our access in. The letter was six pages long. Dan did take several pictures.

Coordinated with Code Administrators via the property maintenance code.

Mr. Shearer reported I am getting materials together to do by pass pumping so that Ecostruction can do the dredging. They said they would like to start next week. The plan is to use the two pumps from the fire company.

Maintenance Report(cont.) Page 17

Councilman Allar said in the circulate folder there was the minutes of December 9th of the Yoe Borough Sewer Authority. They talk about a bill, Mr. Grove sent the bill from the borough from Holley Associates from March 2011. It says its not the sewer responsibility to see that Fitz and Smith may have damaged the water line on Broad Street. Mr. Shearer said its not my bill, they broke the water. The secretary said we did not get the bid. Mr. Shearer said like I stressed before, when we were doing the Broad Street project,

we got our work done. We sensed that there was an issue with the sewer, we asked them to check it. Yes there was an issue. They employed Fitz and Smith, and they went back in, because of the location of all the utilities, they were excavating for the sewer. Slide in the trench, they had to shore it up, our storm water line had to come out and the water line had to be fixed. That was between their contractor. It was on the sewer authority’s dime that the work was done. It involves none of the authorities in the borough.

Councilwoman Tyson said there are a lot of ridges in Clark Alley. Are you aware of that? Mr. Shearer said we try to fill in there back short of getting someone in there with material to grade in there. The best thing I can do is try to put material in to level it out. Plowing, plows the material off. In the spring we are left with a rutted road. Now that we are in April, we’ll try to start filling all that stuff in as part of the pot hole patching.

Councilman Noll said the horseshoe pits will be installed by Kinsley’s School at the park. The secretary asked when spouting is going to placed above the entrance door to the borough building. Mr. Shearer said it actually has gotten worse. The secretary asked if we could get an awning. Councilman Noll said I’ll try to get out here later this week or next. The secretary said thank you.

Zoning Officer’s Report

Councilman Noll said two things here, one was refuse blowing around and car parts. Letter that was sent for enforcement. He has 6 hours, 32 miles. No permits were issued. A couple things he was checking on within the municipality.

Councilman Snyder asked if everyone had the opportunity, Seth sent everybody of his enforcement municipal action plan. I did take notice, that Wendy and Jamie have email. The secretary said it wasn’t sent out until this afternoon. Councilman Snyder said basically we are trying to get a consensus of direction on what to give Dan so when he goes through town, to have ideas of what he is to look for.

Councilman Noll had a map of the zones. Two and three of the international maintenance code document.

Councilman Snyder said if you look back on the second page, its listed on chapters to look at. When Dan would look at the map, he would be primarily be enforcing these areas particular. Councilman Noll said each year, we would set up the priorities in one sweep of the town. We can decided if we want to, or decide not to do it each year. I wanted to be able to give Dan some direction all at once, that is why he wasn’t asked here tonight. Councilman Snyder said take a month to review. Discussion continued.

Councilman Noll said this will have a cost, with all the enforcement. Take a month and look at it.

Discussion continued.

Emergency Management Report Page 18

There was no report.

Mayor’s Report

Councilman Snyder passed out the report. I encourage everybody to take time to read over that. Any questions and concerns, this is what the Mayor did over the last report. The police report is on the bottom. Again I commend him on taking the time to do this, to make this part of the official record for the minutes.

Anybody have any questions, please contact the mayor.

Secretary’s Report

The secretary said she met with York Adams Tax Bureau. Act 32 is going to be beginning in May 2011.

Instead of getting budgetary amount which came quarterly, we are going to start to get our payments monthly from tax returns. Its going to be a lot different. Our next payment was to be $24,000.00, its going to be down ten thousand dollars so we are within our funding for processed returns. We are lucky we budgeted what we did, we will see how this goes.

The secretary said you should have gotten the management letter and the audit from the auditors for 2010.

I appreciate that you look over it and let me know what you think. Stambaugh Ness will be submitting a proposal for the next three year cycle. I mainly asked them, because they are familiar and if we get the H2O grant, they do have someone in that office that is familiar with that grant process for audit purposes.

The secretary said we did our 2010 allocation for liquid fuels in the amount of $19,207.41.

That was deposited yesterday in the money management account because we no longer have a nine month no penalty CD with Members First.

The secretary said the new ordinance book have been distributed. Two agreement letters are for you to sign, one for you and one for the borough.

The secretary said the dam maintenance costs were distributed for 2010. I would like yes or no, I’d like

to get those letters out this week. Councilman Snyder said the maintenance cost on the dam broke down to $1434.33 for each municipality. A motion was made by Councilman Allar to approve sending those costs on to York Township and Dallastown. The motion was seconded by Councilwoman Tyson. All in favor.

Councilman Snyder said motion carried.

The secretary reported that on April 29th I am taking my Martin Luther King Holiday.

Councilman Snyder said we received a thank you letter from Village Library in Jacobus for our donation of $200.00 to the library system.

Secretary’s Report(cont.) Page 19

Councilman Snyder said we received a copy of the sewer authority to DCED for their annual report. This is what we brought up at our other workshop session that we had. On here it does have a termination date of 2023 for the sewer authority. I have been in contact with Karen Morton, she made contacts and said that is actually wrong. What I originally thought of the date of 2013 is correct. So I told her what you sent to DCED of 2023 is incorrect. She is going to bring this up at the next sewer authority meeting. Find out if this is an issue. Since its 2013, bring this up at the sewer authority meeting, to see what we need to do, to see if it can be extended or what.

Councilman Snyder said going over the bills, Sandy also noted a discrepancy of $176.96 because of tonnage on the solid waste bill. After inquiring, took them a little while to find, they found it belonged to Felton Borough but was being charged back to us. So they took care of that,we’ll be getting credit for that.

Councilman Snyder said we received a letter from Bob Hafner and Steve Topper of 58 E. Pennsylvania Avenue received on March 8, 2011. Requesting a light at approximately 55 E. Clark Alley behind the Yoe Fire house. Basically saying they have been having vandalism there, its dark, vehicles have been tampered with. It would be a great help with safety, Clark Alley is next to a stream. With no further discussion I can have a letter sent out saying thank you and at it this time we don’t have the funding to place a light there especially on a non paved street however we will keep this in mind for future planning. He is requesting the borough does something. I’m saying we can write back. We’ll keep it in mind, with planning things like the rail trail.

Councilman Snyder said we received a letter from Jacqueline Dell-Shearer asking council to accept her resignation from the Dallastown Yoe Water Authority. A motion to accept her resignation was made by Councilman Noll. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried. The secretary will send letters. Councilman Snyder said he will get something into the newspaper. Councilwoman Tyson will ask if something could be put into the newsletter.

Unfinished Business

Councilman Snyder said the committee met on March 29 and after interviews and discussions, a motion was made to recommend to council the firm of Blakely and Yost for solicitor. Does council wish to act on that recommendation and have an effective date? Councilman Tyson asked what makes this firm/lawyer better than Markey? Councilman Snyder said it was a long discussion, about an hour. We were waivering back and forth, weighing the pros and cons. Councilman Allar said the purpose of Barry who wasn’t at the meeting. We weighed this on a three part criteria, experience, including zoning experience, municipal experience. Gavin and John have 15 years of municipal experience. Nicole has 15 to 16 months with Red Lion and 3 months with Wrightsville. We look at intangibles, how the attorney keeps little things from becoming big. Experience with that, saving a lot of money for the borough. A lot was said about back up.

Personally I feel the experience should be sitting at the end of the table for the meeting. Talking about backup, I expect that the back up should have experience. We want the people come in here and answer the questions. Save us time and money. Number two, coverage. You remember why we got into this to begin with, we were having problems with coverage. We are going to make sure the next time around, we are going to have people in that firm, that the motivation is questionable. Here you have a tag team, they

Unfinished Business (cont.) Page 20

are trading off, know each others strengths and weaknesses. We have two minds looking at each of our problems. We have the backup. The main criteria that got us into this thing, here we are going into this thing again, with a single attorney. With another attorney picking it up, it didn’t work the first time. Number three costs, I know costs shouldn’t be a primary thing. But for this borough running out of money we have to consider it. I heard at the meeting, again I’m the only one that heard it. Gavin is not going to charge us for the paralegal costs. Seth asked to go back and confirm that in writing, which I did. The last sentence in paragraph 3. I looked at the billing of the legal file for here. If we were disciplined, maybe ordinances or newspaper ads, because he is not charging for paralegal I think we can cut out 20% of the legal hours. Which is a 100% savings. Nothing for the paralegal, nothing for the secretary and looking at a phone call under 15 minutes. I calculated it out, its about $5000.00 that we would save. $50,000.00 in ten years. Councilman Snyder said to answer your question, that’s what happened. An hour discussion.

If you didn’t get a warm fuzzy for Nicole I actually did. It was one thing that she said about how she worked with the engineer and how she feels she should get an engineering degree, because she learned and understood so much. And its like that impressed me a lot of our issues, the solicitor needed to know engineering. It would have been so much easier if Pete would have understood the engineering aspect because he’s the one that needs to try to sell it. If he had an understanding of the engineering it would have been that much more easier. Everybody picked something. Discussion continued. Councilman Snyder said the committee recommended three to one, to recommend the firm of Blakely and Yost if we are going to change firms. Does the council want to accept that recommendation and change firms, and if so when, we are involved with the quiet title issue and stuff and say no, this is what we got, because he’s coming around. A motion was made by Councilman Noll to accept the recommendation of the committee for Blakely Yost as borough solicitor. The motion was seconded by Councilman Myers. In favor of the motion: Councilmen Howett, Myers and Noll. Opposed to the motion: Councilmen Snyder and Allar and Councilwoman Tyson. Councilman Snyder said at this point it’s a dead issue. Councilman Noll said can the mayor break the tie? Councilman Snyder said he’s not here. Councilman Myers said right now it’s a dead issue. Councilman Snyder said unless someone wants to bring it up again. If that is the case, I would change my vote, I don’t have a problem with changing with that firm, my vote was for Pete. I felt we didn’t need to change in the first place. You’re voting because you don’t know who we are picking. Councilwoman Tyson said I just like the other firm a little bit more. Councilman Snyder said if it’s a matter of coming down to a vote for a firm. Someone make a motion, we can do it again. Councilman Myers said even if you vote for who you are going to pick, you still have decide when they are going to start, you can still go with the rest of year, we didn’t say when we are going to start them. Councilman Snyder said if everybody is saying we didn’t expect a tie vote, I’m saying. The rules of Robert work, someone make another motion, the President of Council recognizes the motion if there is a second we call for another vote. Councilman Allar said do I understand that you would change your vote. Councilman Snyder said I can change my vote. Councilwoman Tyson made a motion to open back up the recommendation of Blakely and Yost for borough solicitor. The motion was seconded by Councilman Myers. Councilman Snyder said all in favor of opening it back up say aye. All in favor. Councilman Snyder said opened back up, no further discussion. Do we have a motion? A motion was made by Councilman Noll to accept the recommendation from the committee to accept Blakely and Yost as the solicitor for Yoe Borough. The motion was seconded by Councilman Howett. In favor of motion:

Councilmen Noll, Howett, Myers and Snyder. Opposed to the motion: Councilwoman Tyson and Councilman Allar. Councilman Snyder said the motion carries four to two. Councilman Snyder said with that, when does council wish for the solicitor to take over. How are we doing it? Councilman Myers said

Unfinished Business(cont.) Page 21

he would like to wait until the beginning of the year. Councilman Noll said that way we can finish on this quiet title and other issues, step up that timetable. I’m not sure if we need to make that decision tonight.

Discussion continued. A motion was made by Councilwoman Tyson to have Attorney Cook and his firm finish up with the Gary Smith issue and the quiet title, and transition Nicole Ehrhart and Blakely Yost as soon as possible. Nicole Ehrhart will the attorney of record beginning on May 1, 2011. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said motion carried. Councilman Allar said Jake needs to call Nicole. Councilman Snyder said I will get a letter out, I already talked to Sandy about it, once we took this vote, I can get a letter out and to the other ones thanking them for their interest. Send a separate one out to her and one out to Dave and Pete. Pete is still the attorney of record to let him know when it is. Councilman Allar said you can also, send a letter to Nicole, during this transition there is going to be a lot of background information from Cook on different issues. Cut us a break, could be a couple thousand dollars. Talk to Nicole, she could rack up a lot of money talking to Dave.

Councilman Allar said looking at the rail trail discs from the consultant came in. I am not going to be able to get the consultant for next month. He may be here in June. The main thing is to focus on the pilot program.

Councilman Allar said I spent a day at York College at their job fair. It went fairly well. We have fair amount of interest. I have no definite people. More to come I will be talking to them and screening them.

Councilman Snyder said was there anything that was changed on this proposal on the rail trail that we need to be aware of, or look at that changed from the last one, that we spent all that money on to send out to council? Councilman Allar said not a lot. Councilman Snyder said because I know that there was a public meeting and that was, what was proposed to people and now we’re coming up with something

is evidently another final draft kind of thing. Councilman Allar said remember this is a feasibility study that’s all it is, you can accept it or not accept it. Their opinion of what is doable. You are going to see different codes and different parts of the trail. Problems. This is their best guess. Councilman Noll said I read over it, and its basically the same boiler points.

New Business

Councilwoman Tyson said I went around to the collection bins and just under $50.00 more for the war memorial. I spoke to the Dallastown American Legion Post 605 at their meeting, they were extremely helpful. They said they would make a donation. The secretary is giving me list of dates, very helpful.

The Red Lion Business Association, Ryan Sanders, said he was going to donate that was a month ago.

York College is offer a lobbying day, to meet representatives from Harrisburg, I hope to talk to some people. Councilman Snyder suggested contacting the VFW. Councilwoman Tyson said Councilman Allar has given her information on several contacts. Councilman Myers said to get information on contacting the cemetery association from his wife. Councilman Snyder said it would be good to have that information because others have wanted to contact them. Councilman Myers said Terry Fix is the maintenance issue person.

Councilman Myers asked if the fire company wants to have a fund raiser with vendor that has a trailer and sits down at the fire house on Saturday is there a peddler’s license? Councilman Snyder said not any more.

New Business(cont.) Page 22

Councilwoman Tyson said I am a member of HISPO they set up events at York College and they

are working with me for a benefit at York College. I am allowed to start up my own fundraisers

and sell tickets at York College that that fundraiser.

Councilman Snyder said again, before you leave tonight, one page of these things, you need to focus on before the April 22, 2011 meeting for the comp plan. Everybody has the list of what they need to focus on, on the disc. Come back with some ideas. Make sure you pick up one before you leave.

Payment of the Bills

Councilman Snyder said everyone have an opportunity to look over the bill list. Additional bills are

Strobecks:$522.00(snow plowing), York County Solid Waste: $652.40, Verizon:$50.53, Verizon:

$36.98, Verizon: $75.94, Tri Boro $6.99, Benchmark/Columbia Gas $224.41, Benchmark/management fee $4.40. A motion was made by Councilman Myers with the additional bills before mentioned to pay the bills. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said bills paid.

Councilman Snyder said again remember April 22, 2011 at 1:30PM.


Councilwoman Tyson made a motion to adjourn the meeting at 11:26PM. The motion was seconded by Councilman Snyder. All in favor.