Yoe Borough

Yoe Borough Meeting Minutes January 3, 2012

2012-02-08T12:00:00.001-05:00

YOE BOROUGH PG. 1

150 NORTH MAPLE STREET

YOE, PA 17313

The re-organizational meeting of Yoe Borough Council was held on January 3, 2012 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order by Mayor John Sanford at 7:02PM beginning with the

Pledge of Allegiance.

Oath of Offices

Mayor Sanford issued the oath of offices to Samuel Snyder and Thomas Allar. The oath

was given to Mr. Snyder and Mr. Allar with those persons repeating the oath for the

record.

Nominations

Mayor Sanford opened the floor for nominations for President of Borough Council.

Councilman Noll nominated Sam Snyder. Mayor Sanford said we have a nomination on

the floor for Sam Snyder, do we have a second. The nomination was seconded by

Councilman Myers. Mayor Sanford asked if there were any other nominations on the

floor. Councilman Snyder made a motion to close nominations. Second by Councilman

Allar.

Mayor Sanford said at this time I will accept nominations for Vice President of Council.

Councilman Allar nominated Seth Noll. Councilman Snyder seconded that. Mayor

Sanford said we have a motion and second for Seth Noll. Any other nominations from

the floor. Councilman Snyder made a motion to close the nominations. Second

the close nominations by Councilwoman Coble Tyson.

Mayor Sanford said at this time I will turn the meeting over to the President of Council.

The time is 7:04PM.

Councilman Snyder said bare with us as we continue to reorganize. Let the record reflect

that were certified as winners of the previous election aren’t here tonight. They have

ten days in which to qualify for the seat under section 903, of the Borough Code. In the

event they fail to qualify within ten days of the beginning of their term, which was

January 1^st, council can declare their seat vacant. Which I already spoke with Regan about of course with Jamie’s seat. The mayor can take care of the others.

Councilman Snyder said in the meantime let the record reflect that there is a quorum

of council, the quorum represents the council members that are remaining which

is Tom, Seth, myself, Barry and Wendy. The mayor to break any tie.

Councilman Noll asked did we get a formal letter from Jamie? Councilman Snyder said

no, that’s why we have to leave it open, otherwise if she would have sent a letter in,

Nominations(cont.) Page 2

we could have just appointed Regan right now. I tried, I have been sending emails

to Sandy even, she wasn’t responding back. At least it takes care of itself in ten days.

Its not like we have to go court to declare it vacant. The mayor has to get the oath

of office to Mr. Howett before January 10^th.

Council Members in attendance:

Sam Snyder

Seth Noll

Tom Allar

Barry Myers

Wendy Coble-Tyson

Others in attendance:

Dana Shearer: Maintenance Supervisor

Sandy Sterner: Secretary-Treasurer

John Sanford:Mayor

Steve Malesker:Engineer

John Baranski: Solicitor

Regan Strausbaugh: Resident

Rodney Smith: EMA Coordinator

Appointments

Councilman Snyder said I’ll do this like I have done this in the past to try to

streamline this, the reappointment for council, in a form of a motion, understand

that some of these positions are under contract and we can not deviate from them,

others are at the will of council and at any time we can always bring up to remove

them.

So the motion was made by Councilman Snyder for:

Borough Engineer: C. S. Davidson/Steve Malesker

Borough Solicitor: Blakey, Yost Law Firm: Nicole Ehrhart

Zoning Officer: Red Lion Borough/Dan Shaw

Newly created position of Code Enforcement Officer: Temporarily Vacant

Animal Control Officer: Hemler’s Animal Control

Wildlife Animal Control Officer: Jerry Pickel

Park Rental Coordinator: Gail Koller

Secretary-Treasurer: Sandra Sterner

Borough Auditors: Stambaugh Ness, PC

Rental Property Code Officer: Dana Shearer

Sewer Enforcement Officer: C. S. Davidson

Appointments(cont.) Page 3

EMA Coordinator: Rodney Smith

Deputy EMA Coordinator: John Sanford

UCC Code Officer: Code Administrators, Jason Stevens

Road Master: Councilman Barry Myers

York Adams Tax Bureau Rep: Councilwoman Wendy Coble-Tyson

Alternate: Councilman Tom Allar

TCC Rep: Councilwoman Wendy Coble-Tyson

Alternate: Councilman Tom Allar

Yoe Borough Police Department: York Area Regional Police Department

Health and Sanitation Officer: The office of President of Council

Right to Know Officer: Sandra Sterner

Term expiring 12/31/13: Dallastown Yoe Water Authority: Tana Bentzel

The motion was seconded by Councilman Myers. All in favor. Councilman

Snyder said motion carried.

Resolution 2012-01

Councilman Snyder said we had two terms on the Zoning Hearing Board that

needed reappointed. However those terms are for three years, and need to

be staggered, I don’t know how they got messed up, but they are not

staggered and at the same point, Sandy couldn’t find for her auditors where

we designated compensation rate for zoning hearing board at $25.00. It was

done by motion a long time ago. I have already gone over with the solicitor

on that.

A motion to resolve Resolution 2012-01: Now therefore be it resolved that

Council of the Borough of Yoe does hereby wish to rectify the Zoning

Hearing Board’s membership, so that terms be fixed to comply with MPC and

does hereby appoint, Patti McGonagle for a three year term to expire on

12/31/2014, Kerry Scritchfield for an initial term of two years to expire on

12/31/2013, and for each subsequent term to be fixed for three years. Michele

Miller Noll for an initial term of one year, to expire on 12/31/2012 and for

each subsequent term to be fixed at three years. Be it further resolved that

the Council of the Borough of Yoe, does hereby fix the compensation for

the Zoning Hearing Board members at $25.00 per meeting attended. Councilman Myers

made that motion to resolve. The motion was seconded by Councilwoman Coble

Tyson. Councilman Noll abstains. All others in favor. Councilman Snyder said so be it

resolved.

Minutes Page 4

Councilman Snyder asked if everybody had an opportunity to look at the minutes

from the prior meeting? Any additions or corrections? A motion was made by

Councilman Allar to accept the meeting minutes of December 6, 2011. The motion

was seconded by Councilman Noll. All in favor. Councilman Snyder said minutes

accepted.

Visitors

Councilman Snyder said anyone here to be recognized? Let the record reflect

no visitors were here to be recognized.

Solicitor’s Report

Attorney Baranski said Ordinance 2012-01 for storm water is on the agenda for

adoption. There were some changes from the draft ordinance. A motion will

be needed to adopt. Councilman Snyder said I had a question on that slope

drawing. Is the dark area greater than 5%? Mr. Malesker said yes. I think

the attachment C, or appendix C, that was your water district map that you

had, that is what a previous engineer did, so rather that redoing it, we just

used that. Unless you want us to re-do? There is only one district. The

secretary said that YCPC brought us a map with a memo attached from

June of 2011, I didn’t know what it was. Mr. Malesker said this is a flow chart, its

related to. I would keep that somewhere in the office. The secretary will put

it with the zoning things. Mr. Malesker said it’s a flow chart that YCPC had

training for, of what we didn’t put in, was the watershed map. You had one done

already, its just one district. It hasn’t changed at all. Attorney Baranski said if

we are going to pass an ordinance that has appendixes referencing a map, we

should have it. Mr. Malesker said I’ll make sure you get that. Councilman Noll

said you can pdf, I”ll get it to the group. Do we need to reference the attached

appendix? Councilman Snyder said as long as we have reference to the map,

we need it for the ordinance. Attorney Baranski said we should say that we

are waiting for the Storm Water Management District Watershed Map.

With that coming later, I think we are okay. Councilman Snyder said I did

have to change the signature page because it referenced 2011. Do we need

any further discussion on that, all the changes we discussed were incorporated

into it? Councilman Allar said are you aware of any bills or amendments to the

storm water management act? Attorney Baranski said I am not aware of that,

considering all the uproar this caused. As far as I know there is nothing in the

pipeline requiring changes. Councilman Allar said I know that there is one bill

HB 751, that’s going to totally drop off Section 12, failure of a municipality

to adopt the ordinance. There will be no penalty. The way its written now, if you don’t pass it, they can come down and issue a notice of violation, and you have 180 days

of receipt to explain why, if you hold off they can freeze any money. The state

Solicitor’s Report(cont.) Page 5

treasurer has been authorized to withhold payment of all funds payable to

the municipality. They have never done that in the history of the Commonwealth.

Councilman Snyder said we discussed and you know what the logic in, safeguarding

the residents. We’re putting in our amendments, to safeguard our residents. Pass them,

and have them challenge later down the road. They can’t say we aren’t in compliance.

Councilman Noll said at the end of February, finding out about MS 4 coming

in 2013, its going to be a lot stricter. Councilman Allar said there about 904 municipalities that are affected by MS 4 and have done nothing about it. Councilman Snyder said we are going to have years to work on MS 4. Discussion continued.

A motion to ordain to 2012-01 by Councilman Noll. The motion was seconded by

Councilman Allar. All in favor. Councilman Snyder said so be it ordained.

Attorney Baranski reported that the remaining two quiet title defendants, their

time frame is up on Thursday. Attorney Ehrhart will be able to finalize that.

Attorney Baranksi said I was asked to bring up for discussion the Mill
Creek Interceptors Agreement. I was suppose to put that out for discussion

tonight. Councilman Noll said I talked to several people who are part of the users group over the last month and I had a conversation with York Township. This post

agreement is the whole reason why and the file that goes along with it, these are

all except for the last two, which involved York Township and Windsor Township.

There are fourteen/fifteen amendments. The biggest reason the group would like

to get together is to take these amendments basically put them into one fluent

document. The reason for that is very simple. What you see here, there are basically

two authoritys, there is Mill Creek Users Group and there is the Yoe Dallastown

Sewer Authority. Most of the municipalities intercept through a straight line.

What they want to do, what is going to happen to us, right now, I’m not sure

how we budgeted for this, I wasn’t at the budget meeting. This was from the

last meeting, there is a pump station at the top, the largest pump station

in the pink color, and that interceptor is being rebuilt, it will cost Yoe,

on the last page, capital improvement expenditure of $17,865.71. The reason

we have to pay this, we are part of the users group, the way the users group

agreement is written we pay for everything. We don’t use this, we are paying

for it because we are part of the users group. $17,000.00 If something happens

in the blue, pink or purple line. Prorated on percentage usage. Its spread through

all the municipalities. What the York Township group, for the interceptor group,

is take all the individual municipalities, and charge, Dallastown is the big user

and they haven’t realized it yet, if it gets re written. Because everybody else uses

these interceptors, we would be pulled off of the maintenance, Red Lion Borough

would not pay for the blue purple or the pink line, they don’t use it, we don’t use it,

Windsor doesn’t use it. The other thing they’d like to do, is put meters on the line

that don’t currently exist, to see how much everyone currently puts in. An EDU,

is an estimated daily usage unit. We are not charged that way. At the end of the line,

whatever comes through to the Springettbury Township facility, we pay our

Solicitor’s Report(cont.) Page 6

percentage. So if Yoe puts in 500 gallons in we could be charged for 5,000 it depends

on what the user group puts in there. So what they want to do is, meter flows is one

of the ideas, the other thing to work towards a different way of doing maintenance.

Right now, we pay for everything. It would be done on your diameter of pipe and

your run of pipe calculations. You would only pay towards the interceptor what you

would use. So if they decide to do anything on the blue, pink or purple line in the

future, we don’t pay anything for it, if this agreement is re written. Anything above

Yoe we would not pay for. Those are a lot of the ideas. York Township since

the controlling party, at the beginning of the line and they will always be the

controlling party, they are looking at trying do a draft agreement themselves,

so there would be no cost to us for the draft agreement. Then if everyone

agrees to move forward, they would then forward everything back to the municipalities

to see if they are in agreement or want to make changes. A solicitor on there, I could

represent us, I would be willing to do that. I think we can avoid costs. Our solicitor

is involved with three municipalities, run it through the firm. Looking at everything

I think there is little down side for us. At this point we are giving permission to

go through and have the agreement reworked and a new draft to look at. It still

stands that everyone has to agree on the draft agreement. So we decide that they

are trying to cut municipalities out, by saying only 80% representation, if its

their goal, if we say we don’t agree with it, it’s a dead issue we haven’t spent any

funds. I think it would be incumbent of us, to allow York Township to write

the redraft at this point. Then we can judge if we want to go with us not now.

The other good thing they want to set up be redoing the agreement is a maintenance

fund, where some money each year will be aside for maintenance, upgrades,

pipe burst. There is no maintenance fund at this point, the boroughs are charge based

on their percentages. I checked with Windsor Township, Red Lion Borough and York
Township , sat down and look through the things. Discussion continued. Councilman

Allar asked if you know what kind of savings we are looking at? Councilman Noll

said at this point, no. Other than we know, we are part of the rebuilding the pump

station. We pay maintenance they way its designed on other parts of the line. I’m

not sure when Dallastown Borough gets involved, and the money they’ll have to

expend above and beyond what they do now. Their pipes are not in great shape,

and picking up a lot of maintenance that is shared by everybody. I feel they will

be the sole hold out. Councilman Snyder said at that point, Honey Valley is going

to be shared by York Township and Dallastown Borough. Councilman Noll said

yes. Councilman Snyder said instead of Dallastown’s Borough share being $9,000.00, they would be sharing half of the $88,000.00. Councilman Noll said yes. That’s what I mean. York Township wants to spend the funds to do this. Councilman Snyder said

oh yeah, I don’t have a bit of problem, my only problem was, we didn’t have it

budgeted so we weren’t going to be part of redrafting. Because what you told us

what they want to do, we had applied taken care of with the amendment nine years

ago and this interceptor wouldn’t have been an issue now had they signed. The only

issue was they failed to, when you are taking out that purple and blue. If this accounts

for the I and I, because it wasn’t going to be needed. They were going to take out

Solicitor’s Report(cont.) Page 7

all those users and if those users but in an extra hundred thousand gallons of I & I that

was going to get charged back to all the remaining users of Mill Creek. So all of

sudden, we weren’t going to have any sewer capacity even thought we spent money

for sewer capacity. That what was what, I ever tried to tell them I don’t have a problem

with it, cause we saved maintenance cost. Put a meter in, you just take out for every

meter. Councilman Noll said that’s one thing they can do, one to capture 90 to 100% of what is coming out of Red Lion put a meter at the bottom of this line so they can get the all. That’s the whole thing, what you had the problem before, they agree that meters

need to be put on now. And that’s again, why Dallastown in the long run is not going

to go with this. Councilman Snyder said now, for your comment, these charges here,

they’re already been taken care of, because that is being picked up by the Sewer Authority. They have the funds, this is nothing out of this pocket. The reason that

everyone is in such dire straits, is because they didn’t plan for it. So when all of sudden,

this $600,000.00 of repairs for this Honey Run pump station came up, it caught

them off guard. They thought that the agreement that was circulated nine years ago,

was passed. So they have to scramble with this money. Personally I don’t see why

they have to redraft the whole agreement, if they want draft something and have

us sign it. My whole thing was, and this whole thing bears it out, this council has

not been asked for anything since 1999. Its like why redraft something, where

the right to need to redraft a whole lot. And if this whole thing stems from trying

to take off this interceptor, I know why, York Township is trying to free up the

EDU’s that are on this interceptor. If that can be listed as the Honey Valley Interceptor,

they’ll purchase more from York City. It frees up EDU’s. I don’t have a problem with

that, I just cared the I and I issue when this is taken off, we’re not going to be charged

the actual usage that is going thru there. We only have 20 EDU’s available so a wet

year like this year, when it gets calculated out, for this coming year, we probably

have no sewer capacity. Councilman Noll said it is and it isn’t based on EDU’s.

It ultimately what flow that goes through that meter right here. Councilman Snyder

said that’s what Springettsbury has to treat. Councilman Noll said and if we have

no EDU’s, no one on the system has any EDU’s. If it’s a millions gallons that is

allowed thru this meter each month, and the three peak months we are at one million three hundred thousand, no body is building anything. That is how the agreement

is set up now. We will not lose EDU’s. Discussion continued. A motion was

made by Councilman Noll that we would allow the redrafting of the sewer agreement,

and York Township be the head of that, have everyone take a look at it, at no cost.

The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman

Snyder said motion carried. Attorney Baranski said he would like Nicole know that

Yoe Borough is in, with allowing for the redraft. Councilman Noll reintegrated for

no funds to expended whatsoever by the solicitor.

Councilman Snyder asked if everyone had an opportunity to read over the draft

ordinance? This all came about, we’ve been having quite a few issues up at the

park within the last few months, the latest being individuals were found up

at the park after dusk, they were cited for trespass when the police went to write

Solicitor’s Report(cont.) Page 8

the citation it came to their attention that the park ordinance was changed to specify

specific times. Which ironically, was done by the request of the police department

back in 2001, 2002, when they said it was too difficult to enforce, dusk to dawn.

Because what constituents dusk and what constituents dawn. So after with

talking with the mayor, he liked the idea, because right now its dark at five o’clock at night that is when the majority the problems take place. So I was mulling it around,

the issue became if they’re only having an issue that there is no set time, they

can’t define dusk to dawn, what else can we come up with. I started to do research

into other ordinances, found out the ones I came across, no one had anything other

than set times. Again back in the beginning of 2000, it was changed. The only

reason its unenforceable is because there is no good definition for sunset or sunrise,

I came up with a definition for sunrise and sunset which is easily discernable down

to a minute at any given time when it gets dark out. Discussion continued. Councilman

Snyder said I forwarded a copy to York Regional, never got back to me with comments.

Mayor Sanford said I did hear a verbal that they liked it. Discussion continued. Councilman Myers said I think you will have a problem with number 11, the right to carry a firearm. We get challenged at work about two years ago. We took it off

all our signs, if they want to carry a firearm, they just can’t discharge it or pull it out.

We went through a legal thing about that. Councilman Noll said I think that would be

fine, what we care about is discharging a firearm. Councilman Myers said its unconstitutional. All I’m saying you are going to get challenged on it. Councilman

Snyder said if there is something you want out, now is the time. I can delete that.

Councilman Myers said I’ll email you our ordinance on firearms at the park. Something

about pulling it out and acting in a reckless manner. We handled it a different way.

If they want to carry it with a permit and outside on their belt, they can do so.

Mayor Sanford said how can we handle knives and swords. Councilman Snyder

said the concern was we had a guy shooting a bow and arrow up on the pitchers mound,

target shooting. Attorney Baranski said I don’t think bows, arrows, knives, swords is

protected by the right to bear arms. So you can limit the right to carry bows, knives, etc, in the park but the right to bear arms is protected. Councilman Myers said I don’t know

why, the sunset and sunrise thing, we have it as 8AM in the morning. Councilman

Snyder said that is why we are going back to sunrise and sunset. We can add 12, no

discharging. This would take out the firearms. I’ll change 11 to no possession or use

of the cross bows, compound bows stuff like that. With the exception of those being carried by the on duty officer or elected/appointed officials. They should have their

batons and stuff. Number 12 I’ll add, no discharging of firearms. And I’ll put

on there with the exception of the on duty officers. The only reason I was putting

on borough officials, our dog officer carries a gun. If they are an elected officials.

Councilman Allar asked about number 6, bicycles and skateboards, we are saying no

to allow them on the basketball court. Councilman Myers said I thought we had

signage up at the tennis courts. We didn’t want them up there when we redid

the tennis courts. Mr. Shearer said there is one sign at the gate of the tennis courts.

Councilman Snyder said add in tennis courts/basketball court. Discussion

continued. Councilman Noll said the other thing is parking, with the parking up

Solicitor’s Report(cont.) Page 9

at the baseball field. Mr. Shearer said there is a sign there, up by the old backstop, and one up there. The sign says no parking from dawn to dusk. Discussion continued.

Councilman Noll suggested that parking is permitted only when using the recreational

facility. Councilman Snyder said that is part of number 5. That was the other issue

that we had someone driving donuts up at the ball field. Councilman Snyder said

to summarize: Addition to number 5: Parking permitted only when using the recreational facility. Addition to number 6: Or the tennis courts. Striking out on number 11: The

firearms and it should be changed with no possession or use, including but not limited

to. Addition to number 12: No discharging of firearms. A motion was made by Councilman Noll with the noted changes to advertise the ordinance for next month’s adoption. The motion was seconded by Councilman Allar. All in favor.

Attorney Baranski said she wrote the letter, I don’t think she has heard from Mr. Reidel.

Mr. Shearer said I had contact with the younger Mr. Reidel during the last dam

dredging. We pumped from the opposite side of the creek. Jake’s people went to

the other side, near the Reidel property. He expressed he wasn’t happy with the

letter, they were going to explore what their options were. I asked if they wanted

us to move the pump, they said no. The agreement with Jake expires at the

end of the year, with no renewal. We need access through that gate. Councilman

Allar said I could call Eric Jordan, cite them as the down stream property owner.

Say we’ll help you out a little. You are not happy when you get a letter from

a lawyer. Discussion continued. Councilman Snyder said have Nicole write another

letter saying we haven’t heard back from you, we’re just trying to be friendly here.

Councilman Noll said about moving the property easement,nullifying. Discussion

continued. Councilman Noll said when this letter is written, tell him that two

council persons are willing to come down there and talk about it. Offer to set

up at face to face meeting. Mr. Shearer said every time I bring in a truck or

mow there, I get hassled. We either have an easement across the property or

we have no access at all. I will work around not having access. Discussion

continued. Councilman Noll said to move this along, we send them a letter,

offer to have a face to face meeting, in the letter say move the easement

away from your building as a courtesy, like abandon that easement, move

it down. Councilman Snyder said and take over the maintenance responsibility,

because failure to maintain is causing us undo hardship. Councilman Noll said

the appropriate people, get an agreement hammered out, if he’s not going to

work with us, we know where we stand and we have an option. We either

put the money in to make that easement work or we sue them. Councilman

Snyder said we force them to maintain the property. I don’t have a problem

sending DEP or County Conservation down there, we have spend thousands

of dollars in dredging due to the erosion coming down there. Let’s start with this.

Attorney Baranski said Claycomb’s attorney, Marc Roberts sent Nicole a letter

today apologizing for the delay of getting back to her. And basically saying this

client is on board for easements and complying with the terms. Councilman Snyder

Solicitor’s Report(cont.) Page 10

said we did send him something. Councilman Noll said he is satisfied with the proposed

easement showing on the drawing, that you have provided is fair treatment for the

property. Its actually off the rail road property. Councilman Snyder said the easement

he wants is actually in the road right of way. Mr. Malesker said there hasn’t been a legal description. We just showed an arrow on a map. There is no official exhibit. We still

need to do an exhibit, do we label that a permanent easement. Councilman Noll said

make it a temporary easement with life rights. Mr. Malesker asked for the exhibit should

be call it a license? Attorney Baranski said call it a license. A motion was made

by Councilwoman Coble Tyson for Steve to draft up the land use license and to get

that description to Nicole to forward Mr. Claycomb’s representative. The motion

was seconded by Councilman Allar. All in favor. Councilman Snyder said motion

carried. Councilman Allar said John, before you forwarded that, can you send a copy

in here I’d like to take a look at it. Attorney Baranski said sure.

Councilman Noll said are you familiar with the email Nicole sent around for the

findings with the use of email from the Right to Know? Attorney Baranski said

the decision of Commonwealth Court on December 7, 2011 and it affects

municipalities in Pennsylvania. Emails on elected officials personal computer are

not records of the township, elected person acted individually, alone or communicated

with an outside party. I guess there was some concern, whether or not those things

could be considered recoverable with the Right to Know Law. It has been declared,

they are not. Emails on elected officials personal computer, are record of the

township if the emails are extinguished among a quorum of the governing body.

Documented transaction or activity of the council discussing certain things, enough

to constituent a quorum. The Right to Know officer must determine through a good

faith investigation of the emails requested were exchanged for the purposes of deliberation of the township’s business by a quorum of the body in the meaning

of the Sunshine Act, if that is true then the emails are public record. If you deny

a request for records, make certain you list all possible reasons for denying.

You have once chance. That’s a good sign of what emails you want to copy.

Councilman Noll said as long as we make a copy of it, we don’t have to save

all these emails. Attorney Baranski said if you reduce them to hard copy, reduce

them to hard drive if its part of the Right To Know request, you have to make

sure that they are part of that, so definitely make it hard copy. Councilman

Noll said should we have a destruction policy. Attorney Baranksi said yes, I recommend that to all municipalities I represent. Purge every seven to ten years. Councilman

Noll said we would like to have a destruction policy since we never had one. Attorney

Baranski said I’ll have Nicole send that around. Councilman Noll said at this point,

anyone can expect us to have anything. Have a policy to have emails for ninety days,

how we copy them.

Engineer’s Report

Mr. Malesker reported that I see there was correspondence concerning Orchard

Engineer’s Report(cont.) Page 11

Hills Vista. Eric had a site visit and issued a violation notice for some drainage

issues. It was titled Orchard Hills Vista but it wasn’t pertaining to that development

per say.

Mr. Malesker said I did talk to Jake and he said he did get the plans from Rettew.

But he didn’t get the description. Councilman Allar said Jake is going to give

a yeah or nay before the narrative. Once that conservation easement is done,

it will go to Mike Danko, then we can find out if he will release us from the

cease and desist order. Mr. Malesker said he said we are still waiting on the

land use agreement. Councilman Allar said Danko will review that before

we begin construction. Apparently that is okay by the township. Councilman

Snyder said they were suppose to be approving it. We need to get a copy to

Jake and one to DEP. Attorney Baranski said Nicole was following up on the land

owner agreement.

Mr. Malesker said Jake also mentioned. potentially for the two bridge projects

we are working on, he said there is a new grant out EPA, urban waters. Its not

for construction projects. He said we should meet and talk about that.

Councilman Allar said I got the stuff from Jake, its hard to tell, it talks about

research funding, improving water quality that support community revitalization, priorities such as public health, economic opportunities, etc. I’m think in

terms of two projects, Mill Creek Watershed Study for the basis of a major

project that would take care of several miles of Mill Creek including our

basin. Long term, start with some sort of research study. The other project would

be bridges, if someway we could get five or ten thousand. Problem is the deadline

is January 23^rd. I was going to simply say if there is no cost to the borough. Make

a motion have Jake check it out and if we have a chance get the application in.

Councilman Noll made a motion that Jake applies for the waterways small grant

application, for work on our use at no cost to the borough, send it by January 23^rd.

And have Steve send all the date needed to do the application. Mr. Malesker said

the grant is for research and studies. I can still copy him. The motion was seconded

by Councilman Allar. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we did receive two letters from Michael Conway, P.E., one dated December 29^th and the other January 2^nd, to advise Yoe Borough Council that

Christ United Methodist Church will be submitting an application to DEP to utilize

their general permit 11, maintain and rehab a portion of the concrete bottom slab

on the Mill Creek as it passes through the church property. In other words, they

are going to do their own thing. Mr. Malesker said he had called me and I asked

if he could please write a letter. He’s is going to do it for the church. That makes

it cleaner for the borough. We will proceed with the borough as the sole applicant.

Mr. Malesker said we went over the model ordinance.

Engineer’s Report(cont.) Page 12

Mr. Malesker said we did get the letter from Joel Sipe on DEP on the basin

inspections. We do have the signed signature page I did get that from John but

for some reason, it wasn’t in his copy or wasn’t the original. Joel was on vacation

last week, he will be in the office tomorrow. I’m just going to email those

to him, today. Insert those and that should be acceptable. The other comment

was for the EAP, emergency action plan. I got some information from John and we revised it for the format that DEP wants. That is going to be resubmitted.

Councilman Snyder said we did receive the updated page 3 of the flood damage assessment. Which gave the update cost figure which we turned for the FEMA/

PEMA grant, I forwarded that on to Mayor Sanford. Mayor Sanford said I am waiting

for a call back for the first walk thru, when I get that call I will contact you.

Mr. Malesker said in the meantime we will get that DEP GP11 permit ready.

And get quotes.

Councilman Noll said we talked a couple months ago about approaching Dallastown

Borough about materials. Have you heard anything from them, what do we need

to do to be part of the time/materials bid? Mr. Malesker said they typically

bid that in April, award it in May. They briefly discussed. A formal request

needs to be made. We will start in February. Councilman Noll said a letter on

letterhead that Yoe Borough is interested in sharing the bidding of. Mr. Malesker

said yes, to be a party of the equipment/ materials bid for 2012.

Councilman Noll said they can contact him, the letter makes it official. Discussion

continued.

Maintenance Report

Mr. Shearer reported winter operation as needed.

Mr. Shearer said we completed one rock vein dredge for the year. Councilman Noll

asked if we have a total cost of that for 2011. The secretary said she is still working

on that.

Mr. Shearer said I am getting some cost estimates on a 3 point hitch ppo powered

pump, ¼ inch pump. The fire company currently has 4 3 inch pump, they increased

the number of pumps on hand. We might be able to get away with that four inch pump

hitch that to our New Holland Tractor. That would sure save a lot of money, the pump

would be powered off the tractor so you wouldn’t have to pay for a power pump.

Probably come in, might be around $5,000.00 to $6,000.00. For delivery and pick up,

it was around $600.00 for the week. We should have a substantial savings.

Mr. Shearer reported that I do expect Code Administrators to filing a citation shortly for 53 N. Church Street for failure to respond to their notice to vacate. The property appears

Maintenance Report(cont.) Page 13

to be unoccupied at the time. But they have not properly secured the structure

against entry as it was listed in the Notice to Vacate. Update continued.

Councilman Snyder said they were cited again on December 12, 2011, we

received another complaint from a tenant that was there. Sewage spilling

out unto floor. We were able to get Codes to go down there to issue another

violation of an unsafe structure. Councilman Noll asked should the fire

department check into the building. Councilman Myers said it wouldn’t be an idea, when the city does that, that is when its boarded up. Councilman Snyder said I think the

fire department in the city is the code inspector. Technically I think Codes would

be the one to handle that for us rather than have the fire department involved in

it. Councilman Snyder said along with that, when you spoke with Codes did they

say any more about the property on 230. Mr. Shearer said I hadn’t talked to Norm

on that since that isn’t a rental property, that is more Dan than Codes. 53,

all three of us are involved, because of my capacity in code enforcement for

rentals. Discussion continued. Mayor Sanford asked if mail is received there.

Councilman Noll said pictures have been taken of boxes on the porch, day

later it wasn’t there. Councilman Snyder said how do we want to coordinate

or contact Codes on 230. Councilman Noll said I will give them a call.

Councilman Allar asked have you filed any past dues on property maintenance fee?

Mr. Shearer said no, I still to file that citation I haven’t done that yet. Down

to the one. The first of the year to send out 2012 letters. Councilman Snyder said

since this is all taken care of in the ordinance, they only have so many days, when

did you want to start to send out notices. Mr. Shearer said made sure we save

a copy on the computer of each individual letter. So its basically going through

open up the letter, putting in the current date. Printing it out and send out.

Councilman Snyder said can this be done in January? Mr. Shearer said I won’t

have to bother Sandy, I can print them out, sign them and send them out.

The secretary said stamps are available. Mr. Shearer said I anticipate on getting

them out in a couple of weeks. Councilman Noll said I would

suggest we send them out all the same day. Councilman Snyder said we

can set a goal to get those out before the end of month. The secretary said

we are not going to give them a second chance. Mr. Shearer said they will

get a second notice if not paid on time, for the $500.00. Councilman

Myers said how do you find out if an second apartment, if it’s a rental unit?

Councilman Snyder said anybody that isn’t owner occupied. Councilman

Myers said it its owner occupied in one part of the property and the other

part isn’t, how do we find that out? Councilman Snyder said that we don’t find out,

if its legal. We changed it, if its being occupied and you’re not the owner, its

deemed a rental. If there in the same house, we don’t know that its family

members living in the same house. Councilman Myers said he knows of

someone who looked at the apartment that wasn’t a family member. How

do they prove that isn’t not? Councilman Snyder said they would send the

letter back saying its not being rented or we don’t have a second facility there.

Maintenance Report(cont.) Page 14

Councilman Myers asked how do we prove that it is? Councilman Snyder

said in this instance if we have someone to testify. Councilman Noll said

do we have access to get these addresses in Yoe Borough. Mr. Shearer

said if that is the case, it’s a theft of services, they should be paying

two municipal service fees. The burden of proof is on us, we had

to build a case. Councilman Noll said I would like to take tax map and

put all the addresses on a spreadsheet. Have to walk the town. Councilman

Snyder said just like the situation that we just had our zoning hearing on

High Street, there are going to be those instances where they sneak under

the wire, as we find them, we start building a case. Once we get enough

information we take it to the solicitor and say is this enough information to

go file a charge. All we have to file a charge that they failed to list it,

it’s a $100.00 fine. Discussion continued.

Zoning Officer’s Report

Councilman Noll reported a total of 3 ¼ hours, 12 miles. He dropped

off the information last month, letter to Craig Lehman for sewer back up,

Zoning Hearing Board for 33 E. High Street, the sign for the meeting.

Councilman Snyder said as you are aware during reorganization we

split starting this year, the duties of the zoning officer and code

enforcement officer. Any response back from the committee on

the code enforcement officer’s position? Councilman Noll said

we have a third person for an interview, that we would like to

set up. Look at our calendar and get a time and date. Councilman

Snyder said so long as everyone on council is aware, we had to

do this so we didn’t lose Dan as our zoning officer. If we have

a code enforcement issue, tell the resident to bear with us.

Councilman Snyder said they were cutting us and weren’t renewing,

and gave us ninety days. I told her what we would do, we should

be able to hire someone, tell her council that we were splitting it off.

Honestly we don’t want to use him for code enforcement. He has

to follow up and complete what he is doing.

Councilman Snyder said I was going to recommend, we have no

authority over the Zoning Hearing Board other than appointment,

said if the council wanted to send a letter to the members, stating

that council has a concern about their solicitor.

Executive Session

A motion was made by Councilman Noll to go into executive session

at 9:26PM. The motion was seconded by Councilman Allar. All in favor.

Reconvening the Regular Meeting Page 15

Councilman Snyder reconvened the regular meeting at 9:49PM. Let

the record reflect that the council discusses some personnel issues and

it was determined that the council president is to send a letter to the

Chairman of the Zoning Hearing Board, informing them of the new

appointments and the dates of their terms, encouraging them to meet

to reorganize and to avail themselves of potential training.

Emergency Management Report

Mr, Smith said he made two copies of emergency management book for

elected officials. One was given to Councilwoman Coble Tyson and Mr.
Strausbaugh.

Mr. Smith said we reviewed our Emergency Operations Plan. Councilman

Snyder said that was what we discussed under the engineer’s report, John

has been working on, it wasn’t in the right format. Discussion continued.

Mayor Sanford said the next meeting is next week.

Councilman Snyder said we received a request from Ted Hake from

down at the Ambulance Service, that the three municipalities, Yoe Borough,
York Township and Windsor Township need to sign off on this, we need

to approve it, to changes with the fire run cards. Which will be updating

them with the forms and the requested changes are to remove Medic 97-4,

as a responding unit out of York Hospital because that is no longer there.

Then to add Station 36 to AED responses with all EMS units. Dispatch

Station 36 to all AED criteria. A motion to sign that, one signature page that

has to be circulated with all municipalities, by Councilman Allar. The motion

was seconded by Councilwoman Coble Tyson. All in favor. Councilman

Snyder said motion carried.

Mayor Sanford said the update on the application for funding for FEMA/

PEMA, the application forms that were sent in, were acknowledge and

the copies returned to me. The next step is to set up a site visit. Councilman

Allar asked how does the fire company and ambulance feel about the

parking restrictions 20 feet away from the edge. Councilman Myers said

20 feet is ½ of the parking lot. Councilman Allar said I read the report, but

I don’t see how you can do away with it. Councilman Allar said it

talked about the bags being over extended, over loaded. I hope John is

successful in the application process. Discussion continued.

Mayor and Police Report

Mayor Sanford said my report is circulating. I do not have a police report because

Mayor and Police Report(cont.) Page 16

the borough did not receive the November report.

Mayor Sanford said I did circulate the information on the three officers

retirement at the end of year.

Mayor Sanford said highlights, I performed a wedding the day before

Christmas Eve.

Mayor Sanford said we had a theft in the park. Dana had gotten some

snow markers, they lasted about two weeks and now they are someone

else’s snow markers. Councilman Myers said we had the same issue,

we just made wooden stakes and painted them red. Mayor Sanford said

I filed a report as a matter of record.

Councilman Allar asked if there was an update on the vandalism at

the park? Mayor Sanford said I talked with Officer Spangler on

Friday of last week, he had a couple days to appeal that. I think that

time has expired, there should be bench warrant out. The other

situation at the park was the trespassing.

Secretary’s Report

The secretary thanked the council for the Christmas gift.

The secretary reported today the borough received a check for $3986.05 on

the insurance on the hydrant hit on Elm and Philadelphia Street.

The secretary said I had a phone call from a resident that lives on

E. Philadelphia Street in the apartments. She is asked me about

getting a handicapped parking sign for the parking lot. There is nothing we can do?

I told her to contact her landlord. She is afraid that the landlord

won’t do that. She inquired about legalities and I advised her the borough

is not allowed to give any legal advice. It was decided that there is

nothing that can be done for her. The secretary will call her back.

Councilman Snyder said the secretary did notify Chief Gross on the issues

of the parking citations issued, they still haven’t updated their books,

the $10.00 fines were still being issued. So she went directly to

Chief Gross on that since our communications prior didn’t do any

good.

Councilman Snyder said we received the copies of resolutions and

ordinances that were adopted last month.

Secretary’s Report(cont.) Page 17

Councilman Snyder said we received the notice from York County Solid

Waste, they are holding a Christmas tree recycling from December 26, 2011

to January 31, 2012 Residents can bring their tree to the authority’s

yard waste, seven days during daylight hours. Their electronics

recycling collection at the authority’s yard waste, Manchester Township,

no fee and no limit, that is held the third Saturday of each month

from 9AM to 1PM.

Councilman Noll said we have been involved with Benchmark program

for over a year, in my humble opinion Benchmark hasn’t done anything

that they were suppose to do. They were suppose to combine the bills,

have us go to one check. So many things, this unfortunately the same

as those other providers, we call it scamming. They are definitely

not doing what they are suppose to, we had trouble at work with

several contracts. We have to find out what we need to do. We had

a representative down here, in July in August. We requested things,

and they didn’t follow up. A motion was made by Councilman Noll

to release ourselves with Benchmark, and go back to our regular

provider of gas and electric. To taylor that to what we need to do,

if we have to give notice, if all we have to do is to notify them

that we are terminating, to do that under the terms of the contract. The motion

was seconded by Councilman Myers. All in favor.

Unfinished Business

There was no unfinished business.

New Business

Councilman Allar said I had a call from a councilperson from a neighboring

borough. He was asking if Dallastown Yoe Water Authority considered on

going with York Water. Are we going to York Water? Does have Patti

have any information? Councilman Myers said there were regular issues

with Red Lion, the councilperson that called from Red Lion, let the water

authority deal with it. Red Lion is still the supplier of water. Discussion

continued.

Mayor Sanford asked that Penn Waste be contacted about a Christmas tree

near the address of 254 S. Main Street.

Payment of Bills

Councilman Snyder asked if everybody had the opportunity to look over

Payment of Bills(cont.) Page 18

the bill list, any questions? The additional bills are Ecostruction: $2859.00

(dredging Dec. 2011), Verizon Wireless at $50. 54. A motion was

made by Councilman Allar to pay the bills with the additions. The motion

was seconded by Councilman Myers. All in favor.

Adjournment

A motion was made by Councilwoman Coble Tyson to adjourn the meeting

at 10:22 PM. The motion was seconded by Councilman Snyder. All in favor.

Yoe Borough Council Minutes Deceber 6, 2011

2012-01-13T22:15:00.000-05:00

YOE BOROUGH PG. 1

150 NORTH MAPLE STREET

YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on December 6, 2011 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe,

PA. The meeting was called to order by President of Council Sam Snyder at 7:03PM beginning with the Pledge of Allegiance.

Council members in attendance:

Sam Snyder

Seth Noll

George Howett

Wendy Coble Tyson

Others in attendance:

Dana Shearer, Maintenance Supervisor

Sandy Sterner, Secretary-Treasurer

John Sanford, Mayor

Steve Malesker, Engineer

Nicole Ehrhart, Solicitor

Ben Baltzer, Representative from C. S. Davidson

Robert and Karen Morton, Christ United Methodist Church

Paul Somers, Christ United Methodist Church

Mike Conway, Engineer representing Christ United Methodist Church

Regan R. Strausbaugh, Resident

Councilman Snyder stated let the record reflect that as we are opening the meeting there is quorum of council. So if one of us, needs to leave for any purpose we need a heads up

on that so we can get some of this other stuff done.

Thoughts and Prayers for Councilman Allar’s recovery

Councilman Snyder said everybody’s thoughts and prayers are going out to Tom as he is still continuing to recover. The surgery went well, he still has some recovery time coming

with this surgery. Our thoughts are with him tonight.

Minutes

Councilman Snyder asked if everybody had an opportunity to read over the minutes from the prior meeting, any additions or corrections. A motion was made to accept the meeting minutes of November 1, 2011 by Councilman Howett. The motion was seconded by

Councilwoman Coble Tyson. All in favor. Councilman Noll is abstaining. Councilman Snyder said minutes accepted.

Visitors Pg. 2

Councilman Snyder said I do not have anyone on the list, but who would like to speak first?

My name is Mike Conway, I’m a professional engineer, working for Christ United Methodist Church. I would like to request that we could discuss the creek project.

Councilman Snyder said we sure can, actually we were going to discuss this under

the engineer’s report anyways so we might as well get to that. Mr. Malesker asked do you have any specific questions ? Mr. Conway said if I understand it right, there was an offer made by council to, that you would include them in your permit process? Mr. Malesker

said they would be a co permittee, yes. Mr. Conway said from their perspective, they don’t know have any idea what they are getting permitted, for the Church Street Bridge?

Mr. Malesker said no, maintenance to the Church Street bridge, that goes from Church

Street proceeds under Church Street, that’s where the borough’s ownerships ends and enters the church property. And the church property to Main Street then, that all belongs

to the church. The maintenance that needs to be done there, since it really is one structure, the borough offered to include the church as co permittees as part of the

application. Because there is some maintenance that needs to be done. Mr. Conway asked

do you know if you are applying for a DP 11? Mr. Malesker said it would be a DP 11, yes. Mr. Conway said that could be a fairly quick an easy process. Mr. Malesker said we think so, in theory, yes. Councilman Snyder said we offer to them to come in with this

joint venture, because nothing is easy. Mr. Malesker said I got with Mary Beth Lutenberger, from DEP, she said it would actually be cleaner with her if there were

two separate applications, but then it would be more expensive for the church. The only

thing that the borough would be concerned about is that, you go through the permit process, both names would be on the permit, it would be issued to both the borough and

the church, so if any construction is done that has not been approved, there could be

a fine and both parties would be fined. That’s really the only concern. Mr. Conway said

from what the church council has told me, they are thinking that maybe they would consider proceeding on their own. Also that they are separate funded projects. Mr. Malesker said right. There will be a permit only. I have given the church an estimate to give a constructional condition assessment for their portion and then to come up with

the details for the repairs. And then when the borough bids their work, its going to be

just their portion. The church can use whatever contractor they wanted, but there could

be potential savings if they use the same contractor the borough used, because there would only be one mobilization charge. That’s totally up to the church. What the borough

would be concerned about then is, if they proceed with it, they’d like the church to proceed with it too, so we could close the permit out. Mr. Conway said right, so the issue

is whether it is a co permit or if there are two individual permits. Mr. Malesker said right.

Mr. Conway said I’m not sure if the church council, has made a formal commitment on

funding, or not. Who pays for the package for the co permit, I guess at this point I’m reserving the right to decide which way to go. Mr. Malesker said yeah, I don’t know if you have gotten that the concern was, what is the cost going to be for the church just to

do the repairs. You would have your own independent contractor look at it, I’m not sure

if they would give you an estimate, say its $60,000.00 or something, then maybe then

Visitors(cont.) Page 3

maybe you wouldn’t want to proceed. I don’t where that stands. I have given Mr.

Morton a proposal for the condition assessment and for the other portion of the permit.

And then, I don’t do anything until I get the signed proposal back from that, so I’m

just waiting on that. It would be nice to know either way, because I’m waiting to do

the borough’s portion until I know otherwise, there won’t be duplication of work

that would have to be done, so it would be nice to know, so I can keep you inform

on the project. Councilman Noll asked when do you need to know? Mr. Malesker

said it would be late summer for construction, at least. I don’t know what the church

is doing, if you have meetings once a month, what you need to decide. We should know

by the beginning of January so I can. Do you have your cost slip from your contractor,

your estimate of what it should cost? Mr. Morton said we are getting more prices. Mr. Conway said so your time schedule is, middle of next year to have the authorization

to go into the stream? Mr. Malesker said yeah, we typically allow three months to

get the permit , and then so if we get that submitted early next year, if we have it

by the summertime, then we can, the borough is either going to do an equipment bid for

the year that would cover other projects as well. Then they can use whoever that low

bid contractor is for that work. Or they will bid separately as a separate project. If that

answers all of your questions. Mr. Malesker asked is the beginning of January a reasonable time to have an answer on whether you want to proceed with your portion?

Mr. Morton said yes. Mr. Malesker said the condition assessment isn’t done yet so I guess the contractor is going to go right in and look and see what he thinks needs

repaired and from what I understand there is just the borough’s portion does not have

a concrete slab bottom, the church’s portion does and there is some areas where there

is missing concrete. And so my repair detail would be trying to get some reinforcing

in there, to tie it in so it just won’t pop out, pouring concrete in. Then we are anticipating

diverting the stream over and not by pass pumping, diverting the stream over and using some kind of confer dam. Use a similar detail for the church’s portion. Mr. Conway

said thank you. Mr. Malesker gave Mr. Conway his card. Councilman Snyder said

the only other thing that our solicitor had come up with, not there was any problems with

the way we are doing it, we can keep the separation of church and state and all that kind

of stuff. She did feel however, because we know the borough is not going anywhere,

its because of the way we are incorporated, however with church and the way the structure is with the church and being co permittee, she thought that if she would

recommend to council, some sort of a document being signed by the church saying that

if in the event you would back out of the project, you would reimburse the borough for

any costs incurred in trying to close out that permit. Because again we don’t know how

your hierarchy is set up, the Methodist Council and the state conference would want

to shut you down or something, we just want to know that somewhere out there we

can get to someone to reimburse us to close out this permit. She said it would be a simple

document, wouldn’t be anything that you would have to get a lawyer involved looking

over, its going to be self explanatory. There would be no cost involved in it. Attorney

Ehrhart said it basically will be like a hold harmless agreement. That way if for some

reason you decided not to finish out the project for whatever reason, that the borough

couldn’t close out on their permit. Mr. Morton asked are going to change the height

Visitors(cont.) Page 4

and the width of the bridge on Church Street? Mr. Malesker said no, you mean for

the church’s portion or the borough’s? Mr. Morton said the borough’s part. Mr.

Malesker said the only repairs that I’m anticipating, the borough’s portion does

not have a concrete bottom slab and there is concrete scouring and undermining at

the base of the existing abutment walls, simply form and pour in some new concrete in

there that’s simply it there. Fixing the scouring and undermining. Mrs. Morton said

this is the contractor we have so far, they wanted to us to give this pamphlet to you

to see if you are interested in putting in a quote. Their work is very good. Mr. Malesker said yes, the bid on a lot of bridge maintenance. Mrs. Morton said they do work all around, including Washington D. C. Councilman Snyder said they may be able to do

your portion of the work cheaper for you than we can even get the work done because

we call under a different guideline where if its over a certain amount we have to pay

prevailing wage where is you don’t. That’s why we said, it may or may not benefit

when we go for our work. Maybe if we end up not getting this bid package with
Dallastown, you have to bid it out. They may give you a better rate just because they

have to give us a prevailing wage and then they say its over. Mrs. Morton said the

alley there, is sinking down underneath. Water is laying there eating away. Dripping

there at the concrete wall. Mr. Malesker said that’s part of the borough’s portion.

I know there is an area that is more on the church’s portion, that at one time there

was a pipe penetration coming through there and looks like there is a little bit of

sediment occurring above that. You are losing some fines and whatever that is coming

down through there, that should be sealed up at the same time. That’s beyond the

borough’s portion, where the fence is, the opening. Mrs. Morton said I’m talking about

another area. Mr. Shearer said she is talking where I have re-thrown material there before. Councilman Snyder said you may want to look at the Steve, I think they are talking about Clark Alley. Mrs. Morton said there where it goes along the creek.

Councilman Snyder said that’s Clark Alley. Mr. Malesker asked behind the gabions?

Mr. Shearer said yes. Right there where the bridge ends and the gabions start. A low

spot keeps forming there. Councilman Snyder said it may be something that we

need to address in the project. Mr. Malesker said whatever work needs to be done.

Mr. Somers asked that pipe that is coming at the back of the property, is there a spring

there? Mr. Malesker said I don’t know. Mr. Somers said is there a way to catch the

spring, or the runoff from the spring. Mr. Malesker said it could have been flood

damage. Mr. Somers said if you would go to the creek, some water is coming in.

Mr. Malesker said its not tied into the storm sewer at all. Mr. Somers said no, the top of it fell down and rocks and debris are there. Mr. Malesker said there is no longer a pipe there. It looked like there was an attempt to stop that up though. Mr. Somers said the water seeps out, high raise terrain, perhaps there is a spring back there. Mr. Malesker

said I don’t know, its not officially part of the borough’s storm water system, I’m not

sure what that is. Mr. Somers said its difficult to decide about the sink hole with it

being at the driveway of the adjoining property. Mr. Malesker said I think that’s beyond anything the borough would be responsible for, I think its between the property owner

and the church. Mr. Somers said it appears to run underground. The size would dictate

that. Councilman Noll said we had the system surveyed within the last year and its not

Visitors(cont.) Page 5

part of the borough’s system. Mr. Morton said we were looking at putting concrete

down in, so the water isn’t fall in. Mr. Malesker said you can put in a smaller

diameter pipe, put some geotextile, and wrap some rock back there. That would allow

anything that gets in there to have drainage, restore the integrity of the wall then.

Mr. Morton said patch the macadam there? Mr. Malesker said I don’t think that’s

the borough’s decision to say, that’s up to you. Mr. Morton said its kind of wishy

washy on who owns that property to pay for some of it. Mr. Malesker said the tenant was out there when I was inspecting the bridge and she told the landlord. Councilman Noll said we can wait until the church decides to be part of the project to draft up the

hold/harmless type agreement with our solicitor. Councilman Snyder said Steve is

the point of contact and then he can update us at the next council meeting. The next meeting was decided to be January 3, 2012. The secretary said the former solicitor gave

information that the re organization meeting is the first Monday after the 1^st of January.

The meeting will be Tuesday January 3, 2012 because a legal holiday is January 2, 2012.

Solicitor’s Report

Attorney Ehrhart said the wetland mitigation agreement that was sent to York Township.

I talked to Steve Hovis at another unrelated meeting, he said the agreement looks good

to him with the changes I have suggested. He is going to present to York Township and

their meeting this month. We should have it for our meeting next month.

Attorney Ehrhart said the next item is a new item, I was invited to attend, a group

of solicitors got together representing boroughs and authorities that are involved

with the Mill Creek interceptor, all the users. I was there for Yoe as well as Mike

Craley, for the Yoe Sewer Authority. They are looking for, they’d like all the municipalities and authorities to get together and rework the current agreements that

are in placed because it is a large book of the original agreement and there are

so many amendments to it and its become very cumbersome. They want time to

review it, go over the maintenance issues, possible billing to make it more cost

effective for everyone involved. The interesting thing is they need 100% participation

in this, authorities and municipalities or else they can’t do it. From what I found

out this morning, pretty much everyone else is on board and they are waiting for

Yoe to make a decision. Its up to council. I know that there is one more meeting

of solicitors is planned once we have approval from the authority and the borough,

we can move ahead and get a game plan. From then on I don’t know how more

meetings or what the work is going to entail. I did found out from two other

municipalities that there managers want to be present, not just their solicitor.

That is something you may want to consider, someone from council to be present.

If you decide to go ahead. What I need from council tonight, is to be able to

go back to the group and say whether the borough itself is interested. I know

I don’t know what the authority’s position is, but Attorney Craley seemed to

think that they were onboard. Councilman Noll said two questions, what would

the cost be to us into entering this and what are the advantages to us. Attorney

Solicitor’s Report(cont.) Page 6

Ehrhart said I can’t give you a good cost, cost from my perspective would be

legal fees. There is going to be one more meeting of solicitors. I don’t know

after that, how many more meetings or what was going to entail to revise

the agreement. So I can’t honestly give you a good gage, because I don’t know,

and they didn’t know at the meeting. The advantage for you that they are

basically saying is they are looking at a way to justify the cost and some

of the maintenance issues and make it a better contract. I am new to the Mill

Creek agreement so I haven’t begun to review to see what changes would

benefit Yoe. Apparently what happened is, one of the municipalities noticed

that they were maybe paying more for a particular part of the interchange that

they weren’t using, so this is all coming to head so to speak. And now

everyone is saying, now we should re look at this, its too confusing. Councilman

Noll said the other part of this would be, if everybody puts this work into it and

not all the municipalities and authorities agree to it, then we are right back

where we started from. Attorney Ehrhart said and that I think that was the point

of this meeting, was to say, is everyone on board or not. If everybody is not

on board, there is no point on wasting everyone’s time to go forward. I think

they are trying to hedge that off in the beginning. Councilman Noll said what

worries me, we get all these groups together, we spend six months rewriting

this agreement, because we can’t even get a simple amendment passed by

the group right now. For some reason somebody doesn’t sign it or find it agreeable

and then. Councilman Coble Tyson said spend the time and the attorney’s fees

to be there, and the time for the re writing that isn’t going to fly. Attorney
Ehrhart said it’s a legitimate concern, the agreement has to have 100% participation.

Councilman Snyder said my feeling, as when I heard this from Nicole, and I thought

about it and thought about it, and I’m still coming back to the same logic, why

rewrite and start/reinvent the wheel. If there is a problem with billing, you address

the billing issue, you do an amendment and you pass the amendment. If there is

a problem with calculation, you figured out, just like we passed this amendment two months ago, everybody agree to it, you pass it and you move on. To start and reinvent the wheel, either risk the problem of convoluting things, you forget things, and you make

it worse then what it was in the first place. You have to spend a lot of money that we

don’t have budgeted for on engineering, you don’t only have to worry about the

sewer authority, you have to have the borough’s time involved, our solicitor and its

like and for what? If there is a simple problem, draft an amendment. When I talked to

Nicole about this, I said this is ridiculous in my mind. Someone is trying to justify a

job. I said the U. S. Constitution has been around for 236 years, its by far not perfect,

they aren’t talking about redrafting a new constitution. You do an amendment.

Councilman Noll said I think, I don’t know how quickly, I know they want an answer

to this, would it be something, I would like to dig into it a little bit more to find

out if there is more benefit, I’ve got a feeling there’s not but would they allow us,

would it horrible to table it and bring it up next month. I’d like to talk to some of

the other municipal managers and find out why. It doesn’t make sense to re do,

find out why. Councilman Snyder said its almost like redoing the whole comp plan,

Solicitor’s Report(cont.) Page 7

there is going to be a lot of work to redraft an agreement from step one, when we

are not putting in a new system. That is the whole thing, we are not putting in a

new system, we are only talking maintenance. If there is only a certain area

that we have to look at. Mr. Malesker said so there is no refinancing or anything?

Councilman Snyder said no. Councilman Noll said I think we owe it to the other

municipalities to ask the questions to let them know what our concerns are, Yoe

is always looked at as the people who don’t want to do anything. I think would

be in our best interest, to ask the questions and get the answers and talk to

some of the municipal people. Councilman Snyder said I know that is one thing,

from many years ago when try to pass this other amendment, one thing that they

wanted to put in there, in this new agreement, is that one municipality couldn’t stonewall

the entire agreement. We all know that sometimes a township and the boroughs aren’t always at the same page, because we look at things at different angles. We have

different things that we are trying to protect than they do. If you take that out of there,

that would be one stickler on my part, when drafting a new agreement, yeah one

municipality, we all should be equal and that’s one thing that they would want to put in there, right there the whole agreement is dead from day one unless I get out voted.

I would push that, not to give that up. Councilman Noll asked who all is part of

the authority, York Township, Yoe, is Dallastown? Attorney Ehrhart said Dallastown,

Windsor Borough, Windsor Township, Red Lion Borough. I don’t believe Springettsbury

Township is on the agreement. I will have to double check. Mr. Malesker said I don’t they are, just the ones on the Mill Creek Interceptor. Attorney Ehrhart said and the

respective authorities. Councilman Noll said if you are alright with that Sam, I’d like

to ask, I’m not say it’s a good thing, and ask some of these questions. Its probably

going to be several thousand dollars. Councilwoman Coble Tyson said you said

about reorganizing the book, if they can’t find the amendments that go with the

original portion, they need to color code them, is it a matter of organization or is it

a matter of interpreting everything in the book. Councilman Noll said maybe there

is something that would be of benefit that I’m not seeing. Councilman Coble Tyson

said for somebody that has the issue. Councilman Noll said if we find out what

we’re going to find out, what’s another month. Attorney Ehrhart said an email was sent out to all the users and authorities and Windsor Township and Red Lion have already

talked about it. Councilman Noll asked and their boards have approved this? Attorney

Ehrhart said Red Lion has not, their board meets next week. Councilman Noll said

okay. Attorney Ehrhart said Windsor Township did last night. I would encourage you

to find out why. This is the first time I heard about it, at that meeting. I didn’t want to

spend a lot of time researching if for you. Councilman Noll said I want to see Red Lion

Borough before their next meeting because if they are going vote against it, it kind of

leaves us out. Attorney Ehrhart said I can certainly let you know. Councilman Snyder

said I have no problem being the bad guy again, that was the whole point they wanted

this amendment passed ten years ago, there was one real issue with it, that we had

protect our I and I calculation, we got it changed and then no one else wanted to pass

that amendment. Councilman Noll said do you have any sense where Red Lion is going,

do you think they will pass it? Attorney Ehrhart said I think so. Councilman Noll said

Visitors(cont.) Page 8

I make a motion we table this discussion and do some more fact finding and talk about it next month. Attorney Ehrhart said if its okay, I’m going to report back that, that’s the

action that council took, that you will get back to it next month. Councilman Snyder

said there was a consensus to table it. Be forewarned we don’t have any of this

budgeted for it. No way we can afford it until next year. Unless the boroughs have something to make it advantageous for them via I and I. I don’t know if everyone

understood the last time when they wanted to take off that trunk, I have a problem.

Right away this will save money, because they save money for maintenance. Councilman

Noll asked if everyone understands what I and I is? Councilman Snyder said inflow and

infiltration. Councilman Noll said it is picked up along the system but it registers through

the pumping station as flow. Councilman Snyder said we get charged from Springettsbury for every gallon that they have to treat, however we purchase an EDU.

Which is calculated now, 350 gallons. What happens is, if we have 100 EDU’s purchased, that is equivalent to 35, 000 gallons but if they treat 50,000 gallons that

extra 15, 000 is the I and I. That is what gets prorated back to every municipality. The

problem I had with that original agreement addendum, was that they wanted to take

off the interceptor and take away those EDU’s, giving them up to York Township,

and the caveat was for Yoe Borough, Windsor Borough and Red Lion Borough wouldn’t have to pay for the maintenance because its pro rated back, I said that’s true, the problem

is going to take out an EDU for an EDU but what about all the I and I that is coming

in there and the extra gallons that is being charged back to us and the remaining users.

And that is what is said, I have no problem taking that away but you’ve got to take

off gallon for gallon. Councilman Noll said and the Mill Creek interceptor is basically

a counting station, there are really no other counting, its kind of convoluted on how we

get our flows, because there is nothing that really can combine our flows from what is

coming down from the township or from Red Lion Borough. Councilwoman Coble

Tyson said that’s the whole thing. Councilman Snyder said its pro rated back based on EDU’s and the percentages. So Yoe Borough gets so much percentage of all the

sewer. Councilman Noll said we have 5% percent of the EDU’s that are owned along

the interceptor, we take 5% of the I and I. Councilman Snyder said what happens in a wet year, we may have 20 available EDU’s but now because of a wet year, and all the

extra I and I, Springettsbury can come back and say this year you have nothing. You

can’t do any development, because you are so close to maxing out, because you are

charged back for all that I and I. So that was the one thing, everybody forgot about, when

they wanted to take that trunk off line before how that is going to affect a small municipality like Yoe, that’s right on the cusp of not having enough sewer capacity.

So what happened was, we decided to purchase like 37 extra units back in 1998, and

in that year, Springettsbury Township said thank you very much, you get nothing. But

we pay an extra $12,000.00 a month for sewer capacity. And at that point, is when

I decided to make myself aware of sewer issues in town and that is when I began to

familiarize myself with this, and that the best thing we have going for us, with this

Mill Creek Users Group is the fact that all users have to sign off on these amendments or else it doesn’t pass. Councilman Coble Tyson said when we were going through, when

we were doing the planning and we were talking about the zoning areas in the borough,

Solicitor’s Report(cont.) Page 9

and we were talking about not having enough EDU’s to be a certain entity. Do you

get where I am coming from? Councilman Snyder said that’s why I am saying,

we didn’t have enough EDU’s, that area was being slated for commercial, I was saying we don’t have enough EDU’s available to make that commercial. Councilman Noll said

we ought to look at this whole thing, our friends have purchased EDU’s for certain lots.

If there are no EDU’s available, there can be no development. Councilman Snyder

said correct. Discussion continued. Councilman Noll said this year is going to show

36 inches of rain more. Three to four times of what they usually have at the station.

We should check into that. Discussion continued.

Solicitor Ehrhart said I did advertise your tax ordinance for millage for 2012.

Councilman Snyder said the 2012 Yoe Borough Budget has been advertised for adoption.

Any other additions or corrections? We had gone over all the increases at the last meeting. A motion was made by Councilman Howett to accept the 2012 Yoe Borough

Proposed Budget. The motion was seconded by Councilman Noll. All in favor.

Ordinance 2011-04 is an ordinance to enact and ordain the millage rate for the purposes of real estate for 2012 fixed at 3. 455 mills and millage rate for annual fire tax for fire protection fixed at .103 mills effective January 1, 2012. Councilwoman Coble Tyson said

this is the same as last years, millage wise? The answer was yes. A motion to adopt

Ordinance 2011-04 was made by Councilman Noll. The motion was seconded by

Councilman Howett. All in favor. Councilman Snyder said all in favor.

Councilman Snyder said the council meeting dates were presented in our packets.

Change has been made to January 3, 2012. Note that the date of November 6, 2012 is the first Tuesday after the first Monday. It was decided to move the meeting to the second

Tuesday November 13, 2012. A motion was by Councilman Howett to have the

secretary to advertise these dates for 2012, first Tuesdays except for the second

Tuesday on November . The motion was seconded by Councilman Noll. All in favor.

Councilman Snyder said we have the engagement letter for audit of 2011 from Stambaugh Ness, for a price of $6400.00 A motion was made by Councilman Noll to

accept that engagement letter with noted price. The motion was seconded by

Councilman Howett. All in favor.

Councilman Snyder said resolution 2011-06 which is a resolution, that is therefore resolved that the council of the Borough of Yoe does hereby appoint Stambaugh

Ness as independent auditor for the year 2011 to perform and audit the books for

the fiscal year ending December 31, 2011 as prescribe. A motion resolve was

made by Councilman Howett. The motion was seconded by Councilman Noll.

All in favor. Councilman Snyder said so be it resolved.

Solicitor’s Report(cont.) Page 10

Councilman Snyder said we have the copier contract for 2012. Councilman Noll asked how much the contract is for? Councilman Snyder said $234.78. A motion was made

by Councilman Noll to sign the contract for 2012. The motion was seconded by

Councilman Howett. All in favor.

Councilman Noll asked if there were any updates for the legal acquisition of the properties down near the rail trail. Attorney Ehrhart said we are still finishing up

on the two that we served by publication, the default notice just went to the judge.

So we are waiting for the judge to sign the order, in thirty days that will expire

before I can quiet their title. I have been diligent with Attorney Marc Roberts, I pretty

much call him once a week. Today when I called he was in a meeting, I’m trying

because after another thirty days that particular defendant will the only one we have left.

Councilman Noll said we still have, the proposal that you had with the easement?

Attorney Ehrhart said I haven’t heard back either way, I haven’t gotten a response. Councilman Noll said do they have a certain amount of time, if they choose not to

respond, basically assume that they are not going to. Attorney Ehrhart said and proceed the process? Councilman Noll said yes. Attorney Ehrhart said once their hold, I’m taking the position that they are not trying to hold us up, because I was working thru the

semantics with the other defendants, once we get past the next thirty day mark and I’ve

actually have quiet title for all the other defendants then at that point, I believe that he

is holding us up and then I feel we should talk about giving us a final plead, that if you

don’t, we are going to proceed, you didn’t file an answer so he’s now forced us to

go through the process. Councilman Noll said hopefully by the beginning of February.

Okay, I didn’t think anything had changed, but I wanted to make sure.

Councilman Snyder said the next issue is a proposed ordinance. If everyone looked on

their table, its amending parks and recreation rules and regulations. It came to my

attention through the mayor, that the issue discussed at the previous meeting, those

people that were caught up there, they weren’t able to be cited. There was an issue

with when they were caught, according to our ordinance, they were trespassing

after 10PM, but it was already dark and it was 7PM but our signage still said

dusk to dawn. And basically there was nothing they could do about it. After some

discussion with the mayor, I reminded him why it was changed, back around 2001,

it was the police came to us to change our park closer to a specific time. The reason

being across the state, they were having trouble with enforcement with dusk to dawn,

because there is no set definition and no set time, of what is dusk to dawn. They

were saying especially with us in the valley, the sun is down below the horizon,

if you went on top of the hill you could still see the sun. So had dusk really sat in,

There wasn’t any clear way to determine it, they wanted us to set a time. I’ve now

since found out, that is the norm across the state, that they went to a set time. However,

discussion with the mayor, we don’t like that, as you can see right now it gets

dark at five o’clock at night. A lot of our vandalism happens after dark, what can we do about it? As we got thinking about this, there has been other issues that has come

before this council, over the last years, that we never dealt with, that we would like

Solicitor’s Report(cont.) Page 11

deal such as we rent the property up there when the pavilions are closed, unless they

are rented, we have people breaking into the rest rooms because they thought it was

opened to the public but they’re not, they are rented. Then we had issues where people

of questionable nature wanted to rent the park, how do we legitimately questionable

if they would be responsible in renting the facility. How do we address those types

of issue? There was an issue this summer, that Dana called, that they were shooting

arrows up there on ball field, they set up a target and shooting bow and arrow. All

of sudden, the item came, let’s redo this and do it right. I contacted John and Seth,

to try to get a comprehensive list of what we thought of that should be included in

here and then most note, I actually came up with a definition of sunset and sunrise,

interestingly enough a set time can be determined for sunset and sunrise off of

an almanac. You can get them published, online, on daily news, you can determine

a specific time. That would take care of things like now, it was clearly past sunset.

In the event they use a different almanac a later time can be used. Give them a

benefit of the doubt. That’s not going to be our big concern. Its going to be visibly

past sunset. We have to give 30 day notice prior to adoption. Take this back, Seth and the mayor has been in touch with this. This is what we’d like to present to council. We

can discuss it at next month’s meeting. Councilman Noll said to make it clear it’s the

park and the ball field. Councilman Snyder said I want everyone to look over it for

next month.

Councilman Snyder said the letter for the dam. Attorney Ehrhart said the letter did

go out for the flood containment easement to the gentleman, Mr. Reidel. I sent

him a copy of the easement and drew his attention to the maintenance provision and

its come to our attention there needs to be stabilization in that particular area.

And that DEP and County Conservation would be involved and that we would be

willing to take over the maintenance of that particular area. I ask him to let me know,

and we will prepare the document. That letter went out. I will follow up if I don’t hear from him in about thirty days.

Engineer’s Report

Councilman Snyder said we starting off with the storm water management ordinance.

Mr. Malesker said we haven’t made much progress with it. Last month, I showed

you a worksheet we came up with, with Seth not being here, we didn’t want

to make any decisions on it. I invited Ben to go over any questions with him.

I think you came up with a game plan that you want to discuss, where you see

the borough going and Ben can, with what he knows with his meetings with DEP.

Councilman Snyder said as we all know, we were told we have to adopt this.

What I did was some research, I found the law that was passed, Act 167, is what

we are under to adopt these plans and ordinances. What is interesting about this,

I will give Act 167 to the municipality for our records, I’ll point out section 6 of the

act clearly states, that the municipal and public participation in the planning

process and section 6-C prior to adoption of the plan each plan shall be reviewed

Engineer’s Report(cont.) Page 12

by the official planning agency and the governing body of each municipality. This

municipality was never asked to be part of the plan before the county adopted the

plan. So, I did have doubts of the legitimacy of the county’s plan, number 1. That

would cost us money to try to perpetuate challenging that in court. That becomes

an issue of that is a little feather in our cap of now this is what we are standing

behind, if its not adopted properly and with out all the approvals, we’re still

going to adopt the plan how its presented. You got to section 11 of the act, which

talks about the effective water shed on storm water plans, and section 11-B states

within six months following adoption, an approval of the water shed storm water

plan each municipality shall adopt or amend and shall implement such ordinances and regulations. So clearly, what DEP is telling C. S. Davidson, that we have to adopt

it as is, isn’t what is in the law. It can be amended. You are not reinventing the wheel.

Councilman Noll ask about clarification, have you seen the act that Sam is referring to?

Do you agree that the municipality has to adopt it, if the county does? Councilman Snyder said we have to be in the approval process, that each governing body had to

review it, prior to them adopt them, for comment. So we had opportunity to put comments in. We were never notified. What I’m saying its, the law clearly allows

us to amend it, we didn’t have the opportunity to participate in its adoption. The point is

it says each municipality shall, we didn’t. What I’m recommending to council, we take

their model ordinance, we take the recommended changes that were provided originally,

which took into account Yoe Borough’s concerns,we incorporate them into that ordinance and then we adopt that ordinance. Clearly, at that point, we have approved

the plan, we have amended, which we are allowed to do by law and we taking into

fact that we are getting our comments into it. If they had asked us in the first place

could have been incorporated into it. So, were turning a bad thing into a good thing,

we can amend it with those amendments. Everybody is good to go. The fact that DEP is saying you have to adopt it as is, I take offense to it, clearly the law says it can be

amended. Mr. Baltozer said there are some modifications, previous modifications that

we sent out. Some of them are not within the new standards for MS 4 that is coming out.

Discussion continued. Councilman Noll said I was told with this ordinance, if it is as good or exceeds what the county wants, we don’t have to change our ordinance,

and say we are in compliance and not adopt this thing. How close are we to what we have, especially since we are a MS-4 municipality. I think the cleanest thing, is we

adopt this, and some of other things we have on the books so to speak, we negate

by adopting this ordinance. Whenever you adopt something, we knock something else out. Over the years, we have adopted things with storm water, in a desire to manage

our development in our municipality. Councilman Snyder said so the question becomes

are there a few amendments we can add to our current storm water ordinance and not

adopt the whole thing? Mr. Baltzer said the big thing is volume control rate, the volume

controls are little different. The previous ordinance models different steps. My concern

is its not what the model ordinance, that was one of the sections that DEP said there

were questions. Councilman Noll asked so you are saying to get it back to the existing MS 4? If we would adopt that one section and not the rest of the ordinance would

that be okay? That is going to be part of 2013 MS 4 is that right? Mr. Baltozer

Engineer’s Report(cont.) Page 13

said I believe. Councilman Noll said and with that MS 4, do we have to adopt

our ordinances, or are we just required to comply, or do we have to mirror our

ordinances to MS 4? Mr. Malesker said we’re not even sure what is going to

be included with MS 4 yet. There is a workshop, I attached it to the engineer’s report. I am not 100% sure what is going to be involved with the MS 4. Councilman Snyder

said what I’m getting at is, we take all the recommendations that were originally

given to us, along with the eight, because that protects our borough residents.

If that justification is that might not make us MS 4 compliant, clearly when MS 4 rolls

around next year, we’re going to be looking this again, then since we are a MS 4 municipality we change the things we have to change for MS 4. Why couldn’t we do that? Councilman Noll said I think we could say what we have is good enough, if

we have to adopt one or two more points, that is where I would lean because I have

a feeling that we’re really looking at something that doesn’t address quite accurately

MS 4, from what I’m hearing, that MS 4 is going to be a nightmare. Keep what we

have, I think that is going to radically change what we have for storm water in this

municipality, the MS 4. Why did you have to go with MS 4 with the size of this

municipality because of the watershed, that forces us into MS4? Mr. Baltzer said

the proximity to the dense population. Councilman Noll asked so basically all municipalities have to MS 4 because of the density population? Mr. Baltzer

said what it looks like, that everyone will have to be MS 4 so all storm sewers will

be monitored eventually. Councilman Noll asked can we do that legitimately, how costly would it be for us, if you do x y z, you don’t have to adopt the ordinance, just these pieces? Mr. Baltzer said the new ordinance, revolves around a regulated activity.

Your previous ordinance did not do that. That is where it may be difficult. Discussion

continued. Councilman Snyder said in ACT 167 it says that we were suppose to

be part of the process for the county plan. Discussion continued. Councilman Noll said my recommendation is to approve the ordinance as amended, with the primary recommendations and the supplement to those recommendations as presented by C.

S Davidson, we met our requirement, we approved it. If someone wants to challenge us,

to say we are non compliant. Councilman Snyder said we were notified on November 22,2011 that Yoe Borough, through DEP, has been extended for MS general permit through midnight of March 5, 2013. The fact that we are a MS 4 municipality we do

want to do this, we don’t want to shrug our responsibilities there. We are acting in

good faith. The law says we have to adopt it, we are adopting it, the law says we

can amend it, we’re amending it. The county didn’t notify us to participate, we

feel our amendments are in compliance with the county’s overall goals. We want to

exempt people for 500 square feet. Councilman Snyder said if everyone is okay, there is quorum, Steve can get those changes into the ordinance. Mr. Baltzer said he recommends

updating the application, we could develop a slope map. Councilman Snyder asked

that the application be updated and be ready for review for the next meeting. Mr. Baltzer

also asked that on the eight items, two of them were not regulatory. One of which would

be for a small project, and have it simplified.Mr. Baltzer recommends striking letter E from the original eight. Councilman Snyder said for the record, even though that Tom is not here, he did indicate that he was disapproving any movement

Engineer’s Report(cont.) Page 14

on the borough’s part. To wait to see what someone else does. I did not have the opportunity to talk to him to tell him what I had found, what we were going to

bring up tonight. Now that we are getting all these safeguards back into place for

our residents, I can’t speak for Tom, but he wanted the borough to push it off.

The second thing because we are talking in obscurity what recommendations were

taken out and what recommendations were to be put back in, when you put them

back in, if you could shoot the municipality an email that highlights, this is what

is being placed back in the ordinance based on this discussion, that we can

generate to all council members, that we are all clear what is put back in, and

we understand what it means. Again when we talk about what you just did, rate

control on this, to a lay person, but you explained it you said you could put in

a seepage pit. That’s what would be nice that we could go back to our residents

and say, what is the implication here, we can say this is how we understood it.

That would be great, to explain this. By us doing this, we are in compliance

we’re making an honest effort. And getting done by January. Councilman Noll

said if we advertise it and for some reason table it next time, do we have readvertise.

Attorney Ehrhart said yes. Councilwoman Coble Tyson said we need to make

sure we advertising the right one, with the changes. If it is a matter of waiting a month,

so Tom can see the version of it. Mr. Malesker said it’s the one that had been

submitted. The application, the worksheets, there are things to make it easier by

using street maps. Mr. Baltzer said we tried making the application step by step,

if there is a slope map when they are going through the application. Have an aerial

image, with shaded areas. Modify the application to make it easier. Aerial map would

be available with streets. Councilman Snyder said DEP’s facts sheet, is to provide a

framework for each municipality including a model ordinance, so you can modify it

to fit your municipality. I think if we do that, I would think a 500 square foot exemption, is adequate. Is that adequate in your opinion? Mr. Baltzer said you have to be aware

how its going to affect the next property downstream, dumping a whole lot of water.

Area threshold. Councilman Noll said I think 500 is good medium, less challengeable.

Mr. Baltzer said the maps will be GIS File in pdf form. Councilman Noll asked if

you could send us that. Councilman Snyder said he would like to point from DEP’s

fact sheet, we are to get 75% reimbursement for the cost of enacting this. If DEP

wants to challenge the validity of our ordinance, do we ask where our money is. Do

we want to add in there, that the ordinance is effective when we get our money from

DEP. I am just saying keep in your back of your mind with this matter, we didn’t get

paid for what we did. A motion was made by Councilman Noll that we take the DEP

ordinance with the recommended changes, primary changes by C.S.Davidson and

the secondary changes recommended by C. S. Davidson, beside changing Item E,

and have C. S. Davidson rewrite that and have it sent for advertisement for January

meeting for adoption. As well as having supplement forms and documentation

from C. S. Davidson for the January meeting. The motion was seconded by Councilman

Howett. All in favor. Councilman Snyder said motion carried. That will be ordinance

number one for 2012.

Engineer’s Report(cont.) Page 15

Councilman Snyder said we do have another resolution, 2011-07, this is to designate

an agent for Hurricane Irene, Tropical Storm Lee, on behalf of the borough council,

designating John Sanford, the Mayor, is hereby authorized to execute on behalf

of Yoe Borough. A motion to resolve Resolution 2011-07 was made by Councilwoman Coble Tyson. The motion was seconded by Councilman Howett. All in favor.

Councilman Snyder said so be it resolved.

Attorney Ehrhart wished everyone Happy Holidays.

Mr. Malesker said I don’t have anything on the wetland mitigation beside what

she mentioned. The secretary said Tom reported that , DEP still hasn’t approved anything

yet. He knows that Rettew has been working on their part of the project because they

have been calling and asking questions.

Mr. Malesker said I did mention that I attached that MS 4 training to the engineer’s

report. Mr. Malesker said it will probably be Derek or Ben from our office attending

the seminar. I think it would be good to send someone to it. The borough needs

to have someone on staff that understand this, it would be good for if maybe

Dana and you would go. Mr. Shearer said being in the middle of winter, I would

like to not attend for now. Mr. Malesker said more details will be coming out for

the changes of MS 4 for 2013. The secretary asked that we would be made aware

if the changes would be affecting the borough financially.

Mr. Malesker said the dam inspection was due in December and is complete.

Our copy is here. John signed off on the posted notices. They will comment that

you need a current Emergency Action Plan, so I’m working with John to get

that finalized. That is the work right now. Two copies were set. The secretary

said the report will be on the council table for a month. Mr. Malesker said

we recommended that the fence area are down, sediment that you mentioned

that you are going to be removing and then a little bit of erosion occurring

at the outlet structure in Basin 2. Its nothing that is bad or critical. Otherwise

everything is looking pretty good.

Mr. Malesker said I have the gabion assessment. I have three copies. We briefly

touched on this last month. One thing that we can directly we can attribute to

the high flows of Tropical Storm Lee was the undermining of the scour protection.

I set the number of $10,000.00 for repairs for that. There are some gabions that

are rotated, I can’t say that was caused by the flooding. They are very particular about

that. The worse area is leaning behind the fire station. The immediate recommendations

are repairing the scour protection. Done the road, 25 foot side east side of fire station repair, that is rotating, we could keep looking at those. Those may need to be rebuilt,

just keep an eye on those. We recommend with gabions, you don’t put a live load

surcharge on it, for the height of the wall away from it, which is a 45 degree angle, if you have an eight foot wall then you should drive within eight feet of it. These gabions

Engineer’s Report(cont.) Page 16

are mostly a single wall. We mentioned here, seven inches over four feet, we can

monitor on based on the baseline. Mr. Malesker said this cost almost one thousand.

Councilman Noll said can we show that as part of the cost from the tropical storm

damage? Mr. Malesker said the engineering is not part of it. I heard it both ways,

where engineering is reimbursed. Mayor Sanford said I asked that questioned and

they said that the engineering could be included. Councilman Noll said could

you get a revised number. Councilman Snyder said I asked if we could use the

same permit to do these repairs, as the permit for doing the work with the church

and extend the scope. While you said good idea, but it would have to be a different

type of permit. Could be include that cost, of the permitting aspect of it? Mr. Malesker

said yes. Do you want me to include engineering with that $10,000.00? Councilman Noll said I think we should include the engineering, include the permitting, pre engineering.

Do they reimburse you for actual cost incurred? Mayor Sanford said we give them an

estimate and they pay off of the estimate. Mr. Malesker said the assessment was $1000.00. Councilman Snyder said if you could add them on to it, update the copy.

Mayor Sanford said along with the $10,000.00 include that you are going to be on sight,

inspections, etc. Mr. Malesker asked did you have a contractor come down to look at this.

Councilman Snyder asked is that a FEMA thing that they want three bids? Mayor

Sanford said I can verify that. Mr. Shearer said it went from $4,000 to $10,000 for

three phone bids, $18,500.00 for written bids. Councilman Noll said since you

understand the engineering of the gabions, you should contact the contractors, then

Steve. Mr. Malesker said I have a project, gabion assessment, I could keep it open for

identification. From this point on, I could keep it separate for FEMA purposes, open

a new project. Councilman Noll asked if Jake’s company would do something like this.

Mr. Malesker said yes, he would do the submitting for free too. Councilman Noll said

let’s get Jake’s company, York Excavating and whomever you recommend then.

Councilman Snyder said if they reimburse 100%, we take this money out of the

capital reserve fun for now, we have a plan to get the money and do this work.

Mayor Sanford said you have to do the project then submit. Councilman Noll said

we would be on the hook then for the money. Mayor Sanford said with the snow

storms we got reimbursed in sixty days. Discussion continued. Mr. Malesker will

update page three of the gabion assessment presentation.

Mr. Malesker said he will wait to hear from the church about the project.

Councilman Snyder said either way we should be able to proceed by February.

Maintenance Report

Mr. Shearer said we are going to be dredging. Jake won’t be able to move in unto
Thursday, hopefully wrapped up by Monday.

Mr. Shearer said the carburetor is fixed on the salt spreader. We are ready for

the winter. Tires for the F 250, good for the winter.

Maintenance Report(cont.) Page 17

Mr. Shearer said we have the leaf pickup in the borough wrapping up.

Councilwoman Coble Tyson asked when it started, my leaves have been

sitting out there for three weeks. Mr. Shearer said I’ll contact them.

Any other leaves around town that need to be picked up let me know by

tomorrow.

Mr. Shearer said park is almost all cleaned up for the winter. A few more

piles that need to be cleaned up.

Mr. Shearer said the property maintenance fees that we had the late notices on,

we’ve gotten three of those of the four. I will have to file a citation for the last property.

It’s a landlord that has moved from the area.

Mr. Shearer said my vacation schedule. If you don’t have any objections, I will work four

nine hour days December 19 thru the 22 and four hours on December 23. For ½ day of vacation. Then I would take off December 27^th for one vacation day. I would work the

28^th and 29^th and use the last vacation on December 30^th. Christmas Holiday is December 26^th and New Year’s holiday will be January 2^nd. Councilman Snyder said there is

a consensus of council. Mayor Sanford will be charge of snow removal during that time.

Councilman Noll asked about the wash out at the park at the bottom of the sidewalk.

Mr. Shearer said I’m letting that settle in there, but will add some more material in there.

Zoning Officer’s Report

Councilman Noll read from the report, one building permit for 53 N. Church Street.

No zoning permits in November. Two citations issued, two for 230 S. Main Street,

and one for 187 S. Main Street. Hearing for 72 N. Main Street, property owner found guilty, paid cost and continue to make progress. Hearing attended for 158 S. Main Street,

property owner found guilty of first one. Zoning Hearing for 33 E. High Street on

December 15, 2011 at 7PM. Interpretation that a use of a three unit was abandon,

a special exception for a multi family conversion, a variance for parking is required.

Spoke with Robert Richardson, 230 S. Main Street, about his property, he is basically saying there is no money to fix anything up. That property is heading toward

condemnation from what I understand from Code Administrators. Given an order

to vacate. What is our action if we see him at his property, call the police? Mayor

Sanford said is there a difference in asking someone to vacate and an unsafe

structure. Councilwoman Coble Tyson said condemning the structure is that its

uninhabitable. Mayor Sanford said it is vacated because there is no water supply.

Mr. Shearer said if he does vacate the structure, I talked to Dan about this. I didn’t run it by Norm Strenger from Code Administrators, Norm would require Mr. Richardson

to do if he did vacate the structure. If he is not going to live there, in my opinion,

the building should be boarded up. Councilman Snyder said it says , immediately

secure the structure against human entry, vermin or pest infiltration and prevent

Zoning Officer’s Report(cont.) Page 18

rain and wind infiltration. Councilman Noll said at this point, we are moving

at condemnation of this property. A notice was issued on the 23^rd, it was notice of violation and order to vacate. The notice of violation was of an unsafe structure.

In accordance with the PA UCC. Unsafe condition, danger to human life, in

particular failure to maintain adequate source of quality of work. That’s how he got them.

Violations to be abated, immediately secure the structure against human entry, remedy

all unsafe conditions by obtaining new connection of service from the Yoe Borough
Water Authority. Obtain an approved inspection, that water has been restored and obtain

an use and occupancy permit. That is the caveat to bring it up to code. Councilman Noll said it appears that he is not going to do. Councilman Snyder read the structure shall

be vacated at the above note of abatement item shall be commenced within forty

eight hours of this notice. Failure to comply with the abatement, order of the unsafe

structure, an order to vacate in result in legal sanctions to gain compliance. Including

but not limited to, fines of $1000.00 per day. The unsafe notice can not be rescinded

until unsafe issues are abated and in no case shall the structure be abandoned in

such case to create a hazard or known public health and safety. If the property owner believes that the PA UCC is being misinterpreted or does not apply, the property

owner has the right to appeal by submitting a written appeal of this notice within

ten days. Then he gives the information for the Uniform Code Appeals, which

is Yoe Borough, the appeal shall contain specific submissions or denials and the

appeal may contain a request for a variance or an extension of time. After that ten days,

then they have to go the next step, which will probably be that sanctions be imposed,

before we get to the point where it will be condemned. We have to make a choice

whether we are tearing it down or not. Discussion continued. Councilman Noll said

I want to make everyone aware that this is what we’ve been talking about for

a long time that we need to enforce our ordinance, it could get costly, if this follows

through the way it will follow through, we could be faced at this council table a decision,

to pull that structure down. As far as I know we don’t have any other condemned

structures in the borough. Mr. Shearer said right now, Norm is further ahead in

the process with Church Street. The apartment building behind the fire house at

Clark Alley area. That was the one that we had the complaints from the tenant, we

did an inspection of the tenant’s apartment. I wrote up the violation, I did not

get anything back from the land owner. Norm got an inside look of another unit,

issued the his letter to vacate, the same letter that that Mr. Richardson got. Even though it says forty eight hours, it taking a lot longer. Councilman Snyder said first Mr. Richardson said he wasn’t living there, he was living with a girlfriend. Then he’s been saying, well

even if he was living there, he did have water. This started back in July. Then he did

say I do have water, but I’m still not living there. The last issue that was Codes was having, he wasn’t picking up mail. When you do get to him, he says I don’t have any

money anyways. Mr. Shearer said from what he is telling Dan, he’s still employed.

I feel we have to continue to proceed with it. We get complaints about this property.

Discussion continued. Councilman Snyder said we have to play this by the book.

Councilman Noll said like Sam, said this is going to take money, take time and we

may have to take a structure down. If we don’t do it, we will never get anyone

Zoning Officer’s Report(cont.) Page 19

in this municipality to follow any of the ordinances. Understand the battle, its

going to be a long drawn out process.

Councilman Snyder said there is a letter here addressed to council, saying

that they couldn’t be in attendance tonight. I didn’t have a chance to read it all.

I did notice in the third paragraph, saying Yoe could be so much better. We

live in a small town, in which a stranger driving through probably call it

run downed. Personally, I know how you feel about taxes and everything, if

we have to raise $10,000.00 or $15,000.00 to clean up this blight, that is

an instance, people like this one, wouldn’t have a problem paying the extra

money to clean up the town. They are tired of looking at what we are looking

at. Councilman Noll said you got good response from two properties so far,

the porch and roof, and painted, at 72. And Yoe Parts fixed up their property.

Councilwoman Coble Tyson said he appreciated the kind words. Discussion

continued. Councilwoman Coble Tyson said she raises a good point here

too, if doing something as a community in this borough, a fund raiser, a block

party, a something, which generates money to help with some of these issues.

It’s a very good letter with very good point. At some point, we did have

helping hands for the elderly, I remember there was something. She may not

been here, only been here a couple years. Councilman Snyder said maybe

that is something to put in the next newsletter. Discussion continued.

Councilman Snyder said everyone received a copy of the letter from Red Lion,

informing us about Dan Shaw, them giving them notice. I did contact,

Dianne and explained to her that we were in the process of splitting up

the position with the zoning officer and code enforcement. After I explained

to her, with what the zoning officer does and handling permits, last year

we had like ten, we had no zoning hearing in the last two years, except this

one now. She was amiable to the fact of keeping Dan Shaw on as our

zoning officer so long as we made steps forward in hiring the code

enforcement officer. I told her we should be able to do that by January or

February. Dates were set to interview two candidates for the position of code enforcement officer as long as the interviewees are available. Councilman Noll will contact the candidates and set up times and dates, and ask if Patti Myers would

like to send in a resume if she’d like. Councilman Snyder said John is trying to

get approval and information from one officer, who may be interested, but who

will not know until the beginning of the year. What I suggested to John was,

go ahead and interview these two. The committee can make a recommendation.

Mayor Sanford said it may not be an ex police officer. Councilman Snyder

said John can have an update at the January meeting, and then if need be

interview that one other person in January. At the very latest we would be

able to pick someone by February. Tentative dates are December 19 at 1PM and December 21 at 10 AM. Councilman Noll will email the borough and others after he confirms these with the candidates. Mayor Sanford will sit in on the interviews also.

Emergency Management Report Page 20

Mayor Sanford said Dana and I are still researching for a generator for this building.

Mayor Sanford sand Dana and I attended the kick off money for the FEMA money,

that was on November 10^th. There was discussion on reimbursement funding for

Dana’s time concerning the storm clean up and after the storm within the borough

and at the basin. The dredging at the basin. We discussed the damage to the creek

and the cost involved with that. We discussed the umbrellaing the fire company in

with that, they purchased some pumps for the flooding for residency and rented

some pumps. Discussed adding engineering. I felt very comfortable. The deadline to submit, I have some time yet. I needed to get these things signed tonight and send

it registered mail.

Councilman Snyder said while we are discussing EMA and reorganization next month,

I was hoping it would come up in the discussion the tenth. One thing we want to

be mindful of, new council members need to have NIMS training. We need to make

sure that all the council members, in the event we are asked that we are NIMS compliant and make sure we are up to date with NIMS certification. With the benefit of Regan, NIMS stands for National Incident Management System. It’s a forty five minute online course.

Mayor and Police Report

Mayor Sanford said you have my report in front of you. Highlights of activities,

the meeting on the 10^th, attempted burglary on the 27^th on one house in the 200 block of S. Main Street, council member pursued them. We worked with York Regional on the

ball field damage, estimate is $1250.00. Charges are pending. I think the charges with

juveniles with trespassing at the park will not be filed due to insufficient evidence.

Those were the highlights of the reports. On the16th I sat with Chief Gross and Lt.

Redifer, we discuss some of the desires and concerns of council that I passed along.

I met with some officers within the borough, we looked at some areas for traffic

enforcement. We had pretty intensive traffic and we looked at violations for

parking. To get things cleaned up again. Councilman Noll asked if the police

department is actively looking at the situation here, I saw WGAL really slamming Red Lion and York Township in the cut of hours? What is going on here, I know its

going to affect his department. Mayor Sanford said he has five officers set to retire in the next twelve months that would offset some of the decrease of coverage. But there are

still some officers in jeopardy. Some correspondence I put into the file. A donation request from York Habitat for Humanity, Flier from Ford, census info I gave to the

Council President. The election for the member at large went out thirty days ago, they were due by 5PM this evening. I did run again for that position, along with Ron Smith from Dallastown Borough and Gary McBride from Felton Borough. So we will see

how that works out.

Secretary’s Report Page 21

The secretary said I tried to get an update on the hydrant, they haven’t determined

anything yet from the insurance company.

The secretary said the Code Administrators contract is over here. That needs to be signed.

I did get a current certificate of insurance. A motion was made by Councilman Noll to

sign the 2012 contract with Code Administrators. The motion was seconded by

Councilman Howett. All in favor.

The secretary said we did get a letter from Joyce Hemler that she will continue the animal control service and have her grandson be a part of it. She’s planning on keeping the

busy going. There was a consensus of council to accept the letter to have Mrs. Hemler

continue her duties.

The office will closed December 19 to December 25, 2011.

Councilman Snyder said we do have the latest quarterly minutes from the Yoe

Borough Sewer Authority. That is on file

Councilman Snyder said we received notice from the Commonwealth of Pennsylvania

Department of Agriculture that we are cordially invited to join in the 9^th annual

Farm Show Public Officials Day on Thursday January 12, 2012. If anyone is interested

in attending contact Sandy by January 5^th.

Unfinished Business

Councilman Snyder said update to let everyone know, because of the way the elections went. Jamie’s name was on the ballot, as far as the election’s bureau is concerned her

seat was never vacant. I have been in contact with the director of Elections, they certified the results, they only certify who won the election. Once she gets this certification

that she won the election, she is suppose to send a letter in that she can no longer

hold office and is declining it. I asked Jamie to notify the borough. So at the January meeting we can declare the seat vacant and then appoint. That is why I asked Regan to show up tonight, he is here and get up to date on all the issues.

New Business

Councilman Coble Tyson said tax collection committee and tax claim bureau there is

a meeting on December 8 to actually vote on the by laws and new articles of the

York Adams Tax Bureau. Paperwork is in the circulate file.

Payment of the Bills

Councilman Snyder asked if everyone had an opportunity to look over the bill list

Additional bills: Verizon Wireless:$50.54, Verizon $75.14, Verizon $35.63,

Payment of the Bills (cont.) Page 22

Columbia Gas: $25.62, Columbia Gas: $156.50, Benchmark $4.40, and

PA Borough Council Association $25.00. A motion was made to pay the

bills as listed with the additions by Councilman Howett. The motion

was seconded by Councilman Noll. All in favor.

Thank You

Councilman Snyder said thank you for another wonderful year and successful year and look forward to working with you next year.

Adjournment

Councilwoman Coble Tyson made a motion to adjourn the meeting at 10:24PM.

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