Wednesday, January 14, 2009

Yoe Borough December 9, 2008 Minutes

                           YOE BOROUGH                  PAGE 1

                  150 NORTH MAPLE STREET

                           YOE, PA   17313


            The regular monthly meeting of Yoe Borough Council was held on December

9, 2008 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA.

The meeting was called to order by Vice President of Council, Barry Myers at

7:00PM with the Pledge of Allegiance.


Council members in attendance: Barry Myers

                                                        Ron Crull

                                                        Tom Allar

                                                        Bruce Manns

                                                        Seth Noll

                                                        George Howett(arrived at 7:24PM)


Others in attendance:                    Sandy Sterner, Secretary-Treasurer

                                                        Dana Shearer, Maintenance

                                                        Jason Reichard, Engineer

                                                        Pete Solymos, Solicitor

                                                        John Sanford, Mayor (arrived at 8:14PM)

                                                        Connie Crull, Tax Collector




            Councilman Myers asked if there are any corrections or additions to the meeting

minutes of November 11, 2008. A motion was made by Councilman Allar to accept the meeting minutes of November 11, 2008 as presented. The motion was seconded by Councilman Crull. All in favor.




            Councilman Myers said there were no visitors present.


Solicitor’s Report



2008-            Solicitor Solymos said I have a couple of things. Can we charge a 10%

12        fee of what our BCO charges to do that. Here’s a resolution authorizing

      you to do that if you want to pass it, its short and sweet. And it just says

      Borough Council hereby authorizes to collect a fee of 10% of the

      Building Code Enforcement Officer’s fee so as to properly administer

      the activities of the Code Enforcement Officer. Councilman Myers asked

      are there a lot of municipalities that do that? Solicitor Solymos said

      I’m not aware of any that do that. Also I talked to Randy Beck at York

Solicitor’s Report(cont.)                        Page 2


      County Planning and I’ve got a resolution here for you authorizing

      you to impose whatever fees that are appropriate under Section

      503 of the MPC, for plan reviews, escrowing of funds, for review

      of land developments. Randy was thrilled that you wanted to do that,

      they don’t want to do that, deposit the money, and want your engineer

      to be the one responsible looking into the storm water/erosion control

      things of that nature. Here’s another resolution that you can adopt.

Res.            Solicitor Solymos said I didn’t’ get the number Sandy. The secretary

2008-  said right by the gavel, is the number of the next resolution which would

13             be available. Councilman Allar asked is there a dollar figure with that?

            Solicitor Solymos said no, because what I want to do, is authorize to

            charge and get reimburse for those fees that the MPC allows. The MPC

            says any reasonable fee. I don’t want to you to upper limit yourself or

            lower. Councilman Allar said that’s fine. Solicitor Solymos said

            you have those resolutions to adopt. At 7:30PM you have an ordinance

            to adopt, adopting your millage, same millage as last year. Its been

            appropriately advertisied. I have the certificate of settlement and

            satisfaction for the Cottrell case for your record. That case is legally

Cert.            done, behind us. I have no further contact, I assume what we’re going to

            do with Reidel. That’s basically it. I have no litigation to report on, unless

            Sam had something he wanted me to touch base with you on. You have

            you’re going to discuss this proposal to develop a five year financial plan,

PEL             financial management plan, that’s been circulated to all of you. I’ve

Plan            reviewed the plan, I don’t have a problem with the concept, just have to

            know who these people are, there are some blank spaces that I would

            like to have filled in before you agree to anything. Especially the one

            that says how much its going to cost. Councilman Allar said we’re still

            waiting for DCED to commit to a figure for them to acknowledge that.

            I have a meeting on Thursday with PEL, Red Lion, Dallastown and

            York County. If anyone wants to come, at Red Lion at 1PM. We’re

            still kind of exploring in getting educated into what they can do and

            what they can’t do. So I’m going to wait for a consensus with the other

            municipalities before I get something. Possible January, still talk about

            about this, with the DCED grant. Councilman Myers said there’s nothing

            more to discuss with Pete. Councilman Allar said not on that point.


Open            The secretary asked what about the resolution for the open records that

Rec.            was suppose to be done? Councilman Myers said that you had the form.

            Solicitor Solymos said and I had the standard form. I’ll get it to you

            for next month. I didn’t have that on my to do list. Councilman Myers

            said so that’s something we can adopt in January.


Chron- Councilman Allar asked about the Chronister case? Solicitor Solymos

ister            said quiet on the Chronister front. Made a proposal, which basically

Solicitor’s Report(cont.)                                                Page 3


            was, I told them I have no authority but I suspected that you would

            accept $9,000.00. Then he said, well come on. Then I said I can’t bid

            against myself. You come back with a proposal, I’ll take it back to council.

            I haven’t heard. Councilman Allar said don’t do anything. Solicitor

            Solymos said I haven’t done a thing, but if they come back with a proposal,

            I’ll tell you. But at this point, really, they should be making an offer.

            Councilman Allar said I agree, we’ve done enough already. Solicitor

            Solymos said that’s where I am on that. Councilman Noll asked is there

            a time limit on that, that they have to get back to us? Solicitor Solymos

            said I don’t think so. I will follow up with a phone call after the holidays,

            then we’ll make a decision, on what we want done.


Adden-            Councilman Myers said on the addendum to the garbage contract. Solicitor

dum             Solymos said I had sent that, I sent that here after our negotiation. Council-

            man Myers asked we can approve that? Solicitor Solymos said yes. The

            secretary said there has to be a change to the one amount, from what I

            understand from Sam, it is listed as $280.00 its suppose to be $480.00 a

            month. And Sam said, that instead of redoing the whole thing, that whomever

            at the time, cross it out, put the correct amount on, and initial behind it. Before

            its accepted.


Resol-            Councilman Myers said on Resolution 2008-12, any discussion on that, to

ution            do that? Solicitor Solymos said that is the resolution for the 10% fee.

2008-      A motion was made by Councilman Allar to resolve resolution 2008-12.

12      The motion was seconded by Councilman Noll. All in favor.


Resol-            Councilman Myers said the next resolution will be the subdivision/

ution            land development one that Pete talked about. Solicitor Solymos said

2008-   this is the review fees. A motion was made by Councilman Allar to

13      resolve resolution 2008-13. The motion was seconded by Councilman

      Manns. All in favor.


Adden-            Councilman Myers on the garbage contract addendum, there is a correction

dum            from $280.00 to $480.00 a month in lieu of tipping fees, at your discretion

            to have a motion to sign the addendum. A motion was made by Councilman

            Allar to sign the addendum. The motion was seconded by Councilman

            Manns. All in favor. Solicitor Solymos said you know what is interesting,

            it doesn’t affect you guys, I believe. I got a call from Scott’s attorneys,

            now, they don’t want to collect. They do collection for at least five munici-

            palities. Where they send the billings out for the garbage contracts. That

            takes the load off of the municipalities. Except they don’t have the lien rights,

            and people are going belly up. And so they want the municipalities, to sign

            them the right to do the paperwork on our behalf. So that industry is hit hard,

            by the current economy.

Engineer’s Report                                    Page 4


Mr. Reichard said we basically have two projects to discuss this evening. First one to

touch on. It’s a little easier.


Park             It’s the Yoe Borough Community Park. As I mentioned last month, we got

            together with Dana and Seth and put down some ideas on what we want to

            do there. We’re working on that plan now. We just got the files in for

            the playground, so we are putting this thing together. So by the next

            meeting I want to get a copy down to Dana and to you Seth, so you can

            take a look at it. See what we are proposing. We have some things on the

            plan. Councilman Noll said when can we get together? Mr. Reichard said

            I’ll give you a call and get together. We’re trying to balance everything,

            Its actually a tough project, limited funds. Trying to make everything work

            within that budget. A soon as you move any kind of earth out there. That’s

            in the process. Any questions on that?


Dam            Mr. Reichard said of the course the big project is the dam impoundment

            restoration project as our grant application that was submitted to DEP

            for. Last month, I’ll do a little recap. Council wanted me to sit down and

            look at the number and try to decide which is the best route for you guys

            to proceed with, as far as the options, forebay off site, forebay on site.

            So what I did, plain and simple, there’s a cost estimate attached to the

            back of the report. I tried to evaluate costs, to go either direction. Its

            not an exact science, some of these, obviously its an estimate. I did pull

            the old bid, that we sent out a couple years back. Went over some of those

            numbers. I was able to do some averaging, between several contractors and

            pull some of this together. Also with working with Jake Romig, of Eco-

            construction, mentioned his name a couple times, and has been highly

            recommended by Tom. He specializes in stream restoration work. We

            compared our thoughts on this and through some numbers together, just

            to see where we are at. Its pretty obvious to me, in order for this borough

            to proceed on how a feasible project to move forward, leans towards using

            the property that we already own. Not saying, that an option off site would

            not work, but introduces a whole host of new items that we have to plan

            for. Property acquisition, permitting, its going to have additional cost which

            I didn’t feel that was justified for what we want to do. What we’re trying

            to look at now, me and Jake Romig, is a series of forebays. Not one large

            structure. Basically creating a channel that will flow parallel to Springwood,

            toward the old mitigation area is, and have a series of smaller pockets if

            you will that would collect sediment in stages that you can reach from the

            bank that is there now with a back hoe and then move to the old bank.

            If you’ve gone down here and looked at the gabion project, from the main

            structure that you have in there, on the up slope side of each one of those,

            there is a large sediment bed, on the down slope there’s a pool that creates,

            it traps sediment. What we want to try to do, recreate something similar to

Engineer’s Report(cont.)                                    Page 5


            that along that side of Springwood that you would have to monitor and

            then use a back hoe that we could have access to from York Township.

            I know Red Lion Municipal Authority, has an extend a hoe and they have

            reach of twenty some feet. You could sit on the bank at five foot and dig

            fifteen foot out and remove. I think we could incorporate that in the site.

            So, $40,000.00 is sitting there, from the way I see it, we could put towards

            the construction of this thing. Jake, he thinks we can make it happen for

            that price. The big unknown, is the dredging, that number can fluctuate some.

            I think its going to be high, when we first bid this project, we were basically

            begging contractors to come out and bid. The low bid said, I don’t even want

            the work. I’m hoping at this time, that they need the work, get someone in here

            to give us a better price. So I think it might be dramatic. I still held the number

            of $60,000.00, it was the number, right from the lower two bids. And that was,

            high then. I think that is going to cover. I went ahead and summarized where

            we were from, how fresh in your memory it was. I listed each municipality,

            what each one of them are donating towards Yoe. The big factor is in there,

            is DEP $55,000.00. Councilman Allar said the county money is $15,000.00.

             Mr. Reichard said I couldn’t find a copy of that anywhere. I was looking for it.

            Councilman Allar said there is no short fall, the $2100.00 the county will take

            care of that. Mr. Reichard said the last correspondence I had from the county,

            was still showing as $1500.00, shortfall of $2000.00 obviously that’s not

            that significant as compared to the overall project. That’s the direction, I was

            recommending now. What that did is, prevented us from putting the grant

            application to PEMA. As you recall, it was a lengthy application, we held

            off on that, because it seemed it wasn’t necessary to go that step. The one

            item that is still outstanding is the DCED loan. Which the application is done,

            if the borough is concerned about this price,that can still be submitted and still

            get it into place, in case there is a fluctuation in price. And you’re looking at

            getting additional funds. Councilman Myers asked is that the one that Pete

            had an issue with? Mr. Reichard said yes, he was concerned, that you didn’t

            have a budget line item, and that as we got into the meeting, he basically.

            Councilman Allar said what happened was I called DCED, and went over

            the wording and so forth, and they do not have a problem, he signed it.

            Councilman Myers said he actually signed it, but we got a letter from

            Pete saying, I really don’t agree with what you guys are doing. Councilman

            Allar said he didn’t agree with the wording in the resolution. Councilman Noll

            said the way it was worded, it sounds like we had to take the money but he

            checked with Tom and said this what we would like to use the money for but

            we’re not obligated. Councilman Allar said it says we shall get the money.

            It says the wording now, Council of the Borough of Yoe shall in the future

            allocate municipal resources in an amount of $53,000.00 to said project. Now,

            we actually do have $20,000.00 in our budget committed to this project.

            That is perfectly legal. But with this worded, I was told to find acceptable

            by DCED, they would process the application. To answer Jason’s question,

            Engineer’s Report(cont.)                                    Page 6


            I think its an insurance policy, we don’t have to use it if we don’t need it.

            Mr. Reichard said I didn’t, I saw Sam signed that November 11th. I’m

            confused on why the solicitor is saying not to. Councilman Allar said didn’t                        he say no to on the first wording. I talked to him specifically, then called

            Sam with the wording change, and everything seemed cool. Councilman

            Myers said from reading it, the only reason he has an issue is because

            we don’t have a line item budget. Councilman Allar asked what the date of

            that? Mr. Reichard said November 20th. Councilman Allar said that was

            changed after that. Then Sam dated it. Councilman Myers said Sam signed

            it. Councilman Allar said he’s talking about the letter of November 20th,

            if you look at the last paragraph, he’s got the wording in there, allocating

            municipal resources in the amount of. That’s in there. This is the wording

            after I talked to Pete, and then Sam signed it. Councilman Myers asked

            then we are okay? Mr. Reichard said I only fax copy. Councilman Myers

            gave him, his copy. There is not action that you need from us, Sam signed

            it. The secretary said that resolution is in the minutes from last meeting.

            Councilman Allar said just for information, Jason called me yesterday and

            an ideal situation not taking in account money or anything else, he still felt

            the most effective forebay is upstream. So we know what perfect world there

            is with money and so forth. I just wanted to put that out. Now the way you

            have it here, where you can do it away from the bank. Do we not need a permit

            for Springwood Road?  Mr. Reichard said we have an existing entrance there,

            to utilize. Councilman Allar said the access will be coming off of Springwood.

            We don’t have to go back to DEP? Mr. Reichard said that’s an existing entrance.

            Councilman Allar said what about having a road bed laid down, there is no

            cost? Mr. Reichard said we will have to work that in. That would be 8 to ten

            tons, about $2000.00 maybe. Councilman Allar said you need to involve,

            again we can talk about these ideas, the guys that are going to do the work,

            Dana and you mentioned York Township and you mentioned Red Lion. They

            need to work with the idea and we don’t want to put something in and find out

            later. Unless these guys sign off on it, I don’t have a warm fuzzy feeling that

            the basin is going to be maintenance friendly. I think that step needs to be done.

            The other thing is the sewer lateral. I don’t know how you want to go through

            with that, its deep enough. Until Dennis Henry or someone gives us a letter that

            says we can run down with dump trucks over that sewer lateral, we may not

            be able to get access. Mr. Reichard said first of all, we have access, its our

            property, they can’t deny that. The process that is in place, is write a letter

            to the township sewer authority, saying this is what is going on, we want to

            make you aware for any concerns about our proposal. I talked to their engineer,

            he doesn’t have any concern whatsoever, based on the depth and his statement,

            its your property, we can’t control what you do on that property. so its not an

            issue. Councilman Allar said again I know we have access but it goes beyond

            that, Seth and I went to the meeting. They were somewhat upset that we would

            do that. Councilman Noll asked who did you talk to? Mr. Reichard said Rick

Engineer’s Report(cont.)                                    Page 7


            Resh. Someone was getting excited about it, I not sure where that statement

            was being routed, that main runs through the whole way through town, it

            goes through many areas in the borough, its runs under Locust Street.

            And you have much heavier equipment running on top of that. Councilman

            Noll said I think they’re biggest concern was twofold, one they know about

            it and if something runs over it and it cracks. Councilman Myers said

            I mean when they put that in it, the authority covered it with concrete.

            Or didn’t we do that when we put that retention pond in there. Councilman

            Allar said we did it on the lateral that goes in the middle of the pond. Mr.

            Reichard said which there are eight inch mains coming into the middle,

             on both mains and the other one is eighteen inch that runs parallel to

            Springwood Road. Two mains, in the basin are concrete incased. The other           

            is roughly ten foot deep, we will write a letter, we may want to modify that

            depth somewhat, probably clean up the access, depends on the final grade

            that goes through there. Councilman Allar said it would be good if we had

            something from Scott Depoe or Miller, saying yes we will support you, with

            the maintenance based on this proposal. Councilman Noll said we will need

            a plan on what the maintenance is. Councilman Allar said maybe Jason can

            talk to them and sit down. Mr. Reichard said I’m relying on Jake to pull

            that together for us at no charge to the borough. He’s hoping to have a sketch

            to put together, in about 2 to 3 weeks. So soon as we have that, we’ll have

            a better idea. Once we have that, that’s what I’m going to use to send up to

            DEP, so they know what we’re looking at and what we’re dealing with.

            Councilman Myers said one benefit to this, I guess I have one question. Is

            the volume of water still there? Mr. Reichard said that’s going to fluctuate

            some. We may not go back to 100% of the originally volume because we’re

            going to have a channel in the middle. However the original design had,

            a meandering channel. Minor of portion of that capacity maybe consumed

            but the overall % impact is very minimal. Councilman Noll said I guess

            my biggest concern, is when you look at it from the outside, its in an

            earthen fashion, with the volume of water that comes down there in

            a every two to every five year storm, basically rolled out, are we looking

            at a rock lined channel? Mr. Reichard said to a point, a combination of

            rock and probably log, to establish the channel. Some of it is going to

            be earthen to stabilize. I don’t know yet. I’m relying on Jake, on thoughts

            of that plan. Councilman Noll said one of my biggest concerns is, you

            do all this, put it in and it all blows out and we’re not just maintenancing,

            we got another system that doesn’t work. Mr. Reichard said and that’s

            something that’s going to be taken into consideration. Councilman

            Myers said we have a lot of water going down there. Mr. Reichard said

            oh yeah, there’s no doubt about it. And that’s going to have to be

            protected. Councilman Allar said going back to Barry’s issue, we’ve

            talked about this before. The whole purpose is for flood protection

            down stream. And you do that by controlled release upstream.

Engineer’s Report(cont.)                                                Page 8


            We never had it sized for adequate capacity from the beginning.

            So that’s why we’re doing this, to get it back to its original

            capacity. And I know you don’t have the numbers but I’m

            interested, you talk about 2, 000 cubic yards, not sure of

            the material to use to fill back in. If we take out 2, 000 and put

            back in 1, 000, whatever, we still have the wetlands that you’re

            going to reduce. The way the second goal compromises the first

            goal, again flood control affects the capacity. So I can’t go any

            further in this, without the numbers. You just have to keep that

            in mind. If we lose capacity, it doesn’t matter how good the

            sediment control is, further downstream. Councilman Noll said

            I think the idea is, to pull the sediment out a lot quicker so we

            keep it at the maximum capacity at all times. Right down its

            not because of all that sediment. But on Tom’s point, with

            us doing, and maybe this kills the wetlands, take a little more

            out to increase our capacity from what it was before, does that

            then pull the water table down such to bring the wetlands up.

            Mr. Reichard said we’re limited by one thing, the elevation

            of the outfall structure. Where all the water is, that is the lowest

            point we can go, no matter what. So we’re going to maximize

            as much as possible to make sure that the basin drains to that

            point, so. The goal, is original design, if we can gain some

            places and move others, we’re going to probably do that.

            Councilman Myers said I think we can’t go beyond our original

            design anyways. Mr. Reichard, well yeah, the bottom is a little

            bit lower, we can gain a little bit of storage. We want to get the

            maximum effect out of the basin. Councilman Noll said I guess

            I’m asking, cause I didn’t see the original plan, the original

            design, match with the depth of this dredged pond. Mr. Reichard

            said pretty much. One of the main problems, is that sewer

            lateral that runs underneath the dam. There’s a little peninsula that

            runs clear out into the basin, to keep that property, small section

            of that water is going out. The other side of the wetlands, I’m

            going to meet with our specialist tomorrow, go over the permit

            and see exactly where we are. One of the benefits and I’m hoping

            it works out, is I think I mentioned this, DEP is going to let us

            swap wetlands, we lose the one that were already permitted and

            save some of the others. Some of those other wetlands that are

            growing, on Dallastown’s side, they are in a foot of material.

            That area is higher, of what should have been there originally.

            So I don’t if that is going to be that significant, considering

            the other side that is six and half foot deep. It’s a large area.

            Probably be some loss over the original design, however,

            the benefit far out weighs, the benefit of having to keep that

Engineer’s Report(cont.)                                    Page 9


            basin clean far out weighs that loss. I obviously think with a

            $100,000 project, you don’t want to go back around. Councilman

            Noll said I think our next step is to see some kind of design, because

            as for what Tom said, if you can’t maintain it, what’s the purpose.

            We need to get in there and clean it out. I know there’s nothing

            perfect, that a concrete channel can do all sorts of stuff something

            that at least stabilizes it, a lot of water goes down there, we need

            it to be a lot more effective for it to work. Mr. Reichard said as

            soon as I get that from Jake, one of the first things I’m going to

            do is, send it out to contractors. Contact and gets some numbers

            thrown out at it, what would be best. Get the contractor with

            today’s prices and say where am I at. One of things I need to

            know for that, what is the situation with Red Lion, and the

            site where they apparently need to take it. Councilman Allar

            said at the appropriate time, we need to sit down and you tell

            them what the material is, and he tells if he still wants it

            or where he wants it. I figured you wouldn’t need that until

            you got a contact. Mr. Reichard said I’m going to need that for

            the actual estimates, that’s going to be a big cost factor on how

            far they have to take the material. If they can come out of there

            and come up Springwood and drop it at Red Lion somewhere,

            that’s going to be a big help. Councilman Allar said I will have

            that person call you. Mr. Reichard said okay. Councilman Allar

            said he’ll tell you the location. That sounds good, that could

            be massive savings. That’s our single biggest cost. Mr. Reichard

            said oh yeah, excavation and disposal. Councilman Allar said

            if he does it, I don’t see any problem with getting these numbers

            successfully. Councilman Noll said and then we have to find

            out whose nickel it is, because it has to be a permitted site.

            Mr. Reichard said we’ll see how it works out, if someone wants

            it badly enough, we’ll help them with it.


Public Meeting for Ordinance 2008-04 at 7:40PM.


            Councilman Myers said there was no public comment.


Adoption of Ordinance 2008-04


            Councilman Myers said the mileage rate for 2009 for general revenue is

2.955 and the mileage rate for fire protection is .103. And that would be effective

January 1, 2009. A motion was made by Councilman Allar to adopt ordinance

2008-04. The motion was seconded by Councilman Noll. All in favor.




Engineer’s Report(cont.)                                    Page 10


            Councilman Allar said when the time comes you may want to take

            Dana or Mr. Miller to the site. They are key people. I don’t want

            to hear about it over and over again, from Dana or the Township.

            Councilman Myers said there is one benefit from this, it sounds

            like it should work, even we get in a situation where we can’t do

            it with intergovernmental relations, renting a back hoe or a

            something, would be a lot cheaper because we’re not going to

            be in there that much. Isn’t the township working on getting something

            done up there? Councilman Allar said they still don’t have their

            approval, for their Growing Greener. They only have $125,000.00,

            which is only a 100 feet or something. Mr. Reichard said they

            are actually removing banks. Councilman Allar said I’d say there

            is a good ¼ to a ½ mile of stream of there to stabilize. Plus

            we still have the Paddock to be built, Carriage Crossing and perhaps

            another development. Mr. Reichard asked, Tom, you mentioned in

            the past that you had permits, original permitting information.

            Councilman Allar said I called and left a message for you to let

            you know. Mr. Reichard asked can I get that, send a copy?

            Councilman Allar said I think I can get it. Its all the wetland,

            its all in very general terms about holding us responsible for

            it, I don’t know if its going to be impeccable. Councilman

            Noll said I think its important to talk to Red Lion about taking

            that dirt. Councilman Allar said we probably won’t be

            talking to Red Lion, we’ll probably be talking to an individual

            who happens to be on Red Lion council. Jason can call them and

            go over that. Councilman Noll said probably looking at $1500.00           

            plus your control. Mr. Reichard said we can talk to them and see

            if they are willing to meet us half way. Councilman Noll said just

            so everyone is clear on this. Councilman Myers said, so there is

            no action that we need to take on this. Mr. Reichard said no, that’s.

            Councilman Allar said how do you feel about this. Mr. Reichard

            said everyone is comfortable more or less. Councilman Allar said

            we have them down, we also have to have it cleared out. We are

            talking steps here, cleaning out, ironing out and loading up.

            Mr. Reichard said can’t get around it. Councilman Noll said does the

            plan have a way down there then to dig it? Mr. Reichard said even

            if it’s a matter of digging out, stockpiling on a pile, four of these

            areas, swung over and let it set a couple days and come back later

            and scoop it up. Councilman Allar asked and you don’t see any

            concrete ramps going down? Mr. Reichard said we don’t have the

            money for it. The ideal situation, we have a structure and we have

            it that way, and go in that way. But I’ve been thinking about it more,

            to be able to sit there with a back hoe and pull it out. Councilman

Engineer’s Report(cont.)                                    Page 11


            Noll said they’re making us more and more as we pull it out as soon

            as soon as you stop for three, four days, you have to mulch it. Mr.

            Reichard said we have a lot of protection by the permit with DEP

            for that facility and our obligation to maintain it. Councilman Noll

            said I know the new Chesapeake rulings are coming down, and that

            is going to be a mess too. Mr. Reichard said if we have to modify

            the grading out there to create a trap. Say we build a section up

            on the bank that divided where we are dumping from the basin itself

            as a natural earth plan and then just stay off of that. But if you have

            an area that you’re working and you create a little horseshoe or something

            that if you pull up the material there and let it dry. If it’s a issue of

            material. Councilman Noll said I just want to make sure that we’re

            accountable. Mr. Reichard said I’m kind of leary of what I’m saying,

            because Eric Jordan lives in Dallastown, he drives right by there all

            the time. That’s where things are. I don’t have much more to say to this

            point. Councilman Crull said I have a question, we’ve milled this around

            now for three years. Mr. Reichard said yes, three years. Councilman Crull

            asked why isn’t this happening now, why its not happening. Mr. Reichard

            said we are waiting on $55,000.00 from DEP. That’s why. Councilman

            Crull said according to this paperwork here, we are within what $1500.00?

            Mr. Reichard said the grant. Councilman Crull asked why can’t we do

            the dredging and then do the phase, if they are working right along

            Springwood Road, if that’s where you are putting the roadway in to

            put the forebays in. Cause that’s not the area,that you’re going to be

            dredging. Or am I wrong. If I’m wrong, tell me. Mr. Reichard said

            well basically we’re taking the whole basin, we’re going to be removing

            material out of the whole structure. Councilman Crull said, we don’t have

            the money to do the whole works. Mr. Reichard said right. Councilman

            Crull said then why don’t we do the dredging and get it over with and then

            get, once that happens maybe we can get more money. Councilman Allar said

            we’ll have to two different contracts, more money. Councilman Crull asked

            it would be that hard to do? Councilman Allar said once we have one, then

            we can do the whole thing at one time. Councilman Crull asked what year

            is this going to be? Mr. Reichard said I’m hoping to have this by spring.

            Councilman Crull said by spring. Will you give me a signed paper on that?

            Councilman Allar said I had the money together a year ago. Councilman

            Noll said the other bad thing about getting two packages, he has to create

            two bid packages, now paying them double for the bid packages. To do

            two separate projects, you’re probably adding 10% unto your cost, which

            would be $12-$15,000.00 to separate into two different projects. You can

            have savings by having it in one project. Councilman Crull said well if

            this happens in the spring that’s one thing, if this goes another year that

            price is going to keep going up and up and up. And you lost everything.

            Mr. Reichard said we don’t want it to go a year. We’re ready for this

            Engineer’s Report(cont.)                                    Page 12


            thing to be put to bed. Councilman Allar said you haven’t gotten your

            wet lands delineation? Mr. Reichard said I’m meeting with them

            tomorrow and we’re going to finalize that report. I wanted to send that

            along with the concept plan. Councilman Allar said the Bureau of

            Dam Safety won’t sign off until they have that. Mr. Reichard said

            they also need the plan for the overall project. Councilman Allar said

            no one knows of any other project in the county like ours? Mr. Reichard

            said I could probably find one. PENN DOT, they also have projects.

            Mr. Reichard said I can. Councilman Noll said like Ron said, we really

            have to get this done in this spring, because this is the first time in

            a number of years, we are actually positioned very well, actually better

            than if we did this a year ago as far as pricing of contractors. If we

            miss this windows, I have a feeling that in another year cycle things

            are going to be taking off.


            Councilman Myers asked any thing else for the engineer?


            Councilman Allar said a topic that we haven’t talking about in a long

            time, rail trail. In January, said the feasibility is going to be heating up.

            And we have to make some decisions. Jason, said I know Jeff is part

            of it. Mr. Reichard said I know very little. Councilman Allar said

            quickly recap, we’re talking of 12.2 miles of trail, from Spring

            Garden running down to Felton. If anyone wants to look at the whole

Rail            trail, its here. We’re roughly, Yoe Borough is roughly in the center.

Trail            I think we all kind of agree that, a rail trail would be good for Yoe

            Borough. We got recreation, little kids can use it, citizens can use

            it. You don’t have to get in the cars and drive miles to go to the

            Heritage trail. There isn’t a single part of Yoe Borough that you

            can’t walk to. Studies that were done on trails in other areas, communicate

            that property values will go up with a rail trail. How do you get it done

            in town? This is the proposed route as it exists right now. You’re looking

            at that green slashed line. That is the MA and PA right of way as it was

            originally laid out. I don’t how many. There’s a couple of issues here.

            The biggest issue is that there is something like 25 property owners

            along that rail trail. Don’t worry about the names. That is part of

            the feasibility study. As it exists now, you have people using it for

            parking, kids play there, Yoe Auto Parts employees work there,

            customers use it, vendors use it. The Rail Trail Authority when its

            established is not going to be buying land. If that word would get

            out, the land prices would skyrocket. We’re not going to buy land.

            We’re not going to do the eminent domain. Besides the offensive

            nature of eminent domain, that legal costs, the engineering

            costs and so on and so on. We have think for the next 20 years.

            So, how do we do this? If we do back off the rail trail We’re going

Engineer’s Report(cont.)                                    Page 13


            to have to think outside of the box and think about some sort of

            a bypass. This is my idea. Keep in mind that there is no perfect

            solution. The red line I have written in here. Dana and I have

            talked somewhat about this. Just to walk through. You come in

            around Water Street across the Dallmyer property and come down

            Water Street to South Mason Street. Go down to George Street

            and make a right, go down on the sidewalk on George Street,

            cross over at the light around the church, up Church Street then

            across Clark Alley all the way and rejoin the right of way.

            Now, the one, the obvious issue is we are using some of Yoe

            Borough streets. I think this is manageable. Don’t look at it

            as a herd of people going down Water Street. Water Street

            is fairly wide and we could, where we could line off a section

            of the side, say the Springwood side. And you would have

            an area that is dedicated to the rail trail, the signage and

            so forth. Dana had an idea, that the homeowners there, to

            allow us 10 feet on their property on the grass side. Remember

            that land that borders on Mill Creek, is not useable any way,

            can’t build on it. I know for fact, I live there, no one uses

            it for parking, all they do is cut the grass. That’s the only

            thing that they do with that land. Therefore, if they were

            able to give us that land, they don’t use it. Its not like they

            rent to homes for a right of way. The other is S. Mason.

            Two thoughts on S. Mason, one of them is we put up

            a sign that says Yoe Borough traffic or local traffic only.

            If we can stop the cut through of people that don’t live

            here, we can cut down 70 to 80% of the traffic using

            S. Mason. Dana also had an idea of a pedestrian bridge.

            When this built, we are dealing with seven municipalities,

            and again 12 miles. They’re not going to go through with

            this unless they get sizeable grant money for the construction.

            At that point, I think we can put in for money for a pedestrian

            bridge on Mason Alley. That and with cutting down on the

            traffic. From that point forward, the sidewalks that are in

            Clark Alley, which doesn’t present any real issue. Even

            Water Street, from Mason down to the boundary, going

            west. There’s almost no traffic, the only people that go

            down it because it’s a dead end street are the people that

            live there, there is only five houses down there. They

            are the only people that use the street from Mason on

            down. So again, nothing is perfect, I think that’s a very

            I think its manageable. Now on the plus side, there is

            at least four issues here. You’re talking about 2 dozen

            property owners, that we’re never going to get their

Engineer’s Report(cont.)                                    Page 14


            voluntary approval for an easement, the chance is zero, we’ve

            now reduced it to one. And that property owner we would have

            to get to anyways.  The second issue is because we’re using

            borough streets and borough sidewalks, we have almost no

            maintenance issues. Its not like building a whole new trail and

            then we have to have repairs done and whatever. There’s no

            more or less maintenance than what we already have in the

            borough. Second thoughts is safety. Where the green line

            crosses at Main Street, you’ve got to take your life in your

            hands. You’ve got some line of site on the right unless you

            are on the south side. On the north side you have almost

            no line of sight. With the one that I made out, you’re going

            to cross at the light. The final thought of this thing is that

            now you can take possession of that piece of land on E.

            Pennsylvania and sell it, we don’t need it now. Councilman

            Noll asked how is the rail authority set up now, will

            the municipalities have to maintain the trail. Councilman

            Allar said that thing hasn’t been addressed yet. My feeling

            at this point is the borough, each municipality is going to

            be responsible for their portion of maintenance. I’m just

            guessing now. Councilman Myers said that’s how they’re

            doing it at the Spring Grove, that part of the trail. Councilman

            Noll said how does that apply with the old northern central

            line. Councilman Myers said that the county, they have the

            easement, they are responsible. Councilman Allar said that’s                        

            the second leg. There is two ways, we maintain it or we pass

            it off to the county. Mr. Reichard said are there any portions

            of this identified as useable areas on or sits on the right of way.

            Just in Yoe? Councilman Allar said we are not at that point

            yet, the feasibility study has just started. The reason I’m

            bringing it up now is, this is why we need to have some kind

            of tentative decision tonight, is the feasibility study wants

            each municipality to have public meetings to keep people,

            to go over what is the prospective route. Dana and I are

            going to have to get together and as it exists now, we are

            going to contact all those homeowners, any one else

            that is considered key people such as the pastor of the

            church. Invite them to the meeting and probably get

            rocks thrown at us, right. The point being unless we

            can come to some sort of, tentative idea we won’t even

            know who to invite. We could go the old way, but that’s

            not practical and that’s going to fail. I see no point in

            inviting people to a meeting and getting everyone in the

            town upset and we’re not going to go that way anyway.

Engineer’s Report(cont.)                                    Page 15


            Councilman Noll asked will the rail authority be okay with this?

            Councilman Allar said I didn’t want to talk to them until I talked

            to council first. I think, there is no authority per say as of yet.

            The committee that I’m on, the other seven or the other six,

            I feel Yoe is the keystone of the whole thing, we are pretty

            much in the center. If we can figure out a way for it to work

            in Yoe, I think everyone else is going to go along with it.

            Just because they want it that bad. If we don’t have a rail trail

            here, we’re going to have four townships and two boroughs,

            thinking real bad thoughts about Yoe Borough. It either works

            through Yoe or its going to be really screwed up. Councilman

            Noll said I don’t have a problem with it, my only thought was

            is the authority going to be able to go along with deviating from

            the rail. Councilman Allar said yes, in fact in over twelve miles,

            they prefer to stay on it but over twelve miles there is going to

            be other deviations on it. Mr. Shearer said they want to stay

            to the corridor as much as possible. They want very few

            deviations. I agree with Tom, from the very beginning, we’re

            in the middle. Unless we can figure out how to tie the two

            ends together, its going to end up. They’ll may be a trail, but

            may be a dead end at the borough line. Councilman Noll said

            don’t get me wrong, I think this is a very good solution, I just

            want to make sure that if we put a lot of effort into it, that the

            rail authority, since its not on the true rail bed, its going to have

            a problem. Councilman Manns said there is no commercial

            properties there. Mr. Shearer said whose to say that somewhere

            along the line that somebody doesn’t put a business in. Councilman

            Allar said why would we need a business, aren’t we going to

            benefit that its something that the citizens can use. The property

            values increase, this is a selling point. Councilman Noll said what

            is the down side? There may not be immediate benefits, are there

            any benefits? Councilman Allar said in Windsor Township, those

            large areas, I don’t know if they were that way when the train

            was there now areas of the flooding. Maybe things have changed.

            Talking to the Windsor Township commissioners. There are going

            to be some major deviations and changes. Mr. Shearer said

            ultimately the way its shaping up now, our portion we’re going to

            have to figure out how much we’re going want to impact. Councilman

            Noll said I agree, the biggest selling point is safety. You’ll going

            to kill someone trying to get them across there at the rail trail.

            Councilman Allar said if anyone in the room can figure out another

            bypass, I’m willing to go for it. I’ve look at this so many times.

            That’s the best that I can come up. At this cuts down on dealing

            with the property owners. Mr. Reichard said it seems if you came

Engineer’s Report(cont.)                                    Page 16


            up Church Street that might add to your opportunity. That one

            last section is fairly open, might be one opportunity. Councilman

            Allar said there is a couple of people that own that land. Mr.

            Reichard said a lot of that is open, that last stretch of land.

            That last leg. Councilman Allar said I have no problem with

            that. That’s I think when we get to that point we can make

            that decision. Do you have a schedule of the public meetings?

            Mr. Shearer said they said in the beginning of the year. Councilman

            Allar said so we ought to know, who to contact. I hope most of

            the people in the group would come. There’s no point of bringing

            people here and getting them all upset if its not going to affect

            them directly. With the public meeting, we’re going to have people

            there who are running the feasibility study there and they’ll explain

            so forth. Every time we meet we’re going to have other things that

            are going to come up. This is where we are at, Dana and myself

            need to know where we’re going to go from here. Councilman Crull

            said I’m not fighting you on this, don’t get me wrong, but other

            places on the west end and east side, are their routes going through

            town or are they going straighter? Councilman Allar said I can

            only show you, well this again, it won’t do any good, this is

            the rail trail. Councilman Noll said Red Lion’s goes right through

            the center of town. Councilman Allar said Red Lion is not a good

            example because they were able to stay on the rail trail because

            Red Lion Borough took over most of it. So they didn’t haven’t

            to deal with two dozen homeowners. I think it was Red Lion and

            maybe two other home owners. And they could stay on the

            right of way because they own it. We don’t except for that one

            part. I have feeling to answer your question, I think this problem

            of having to use home owners for easement, we’re not the only

            ones that are going to have that. Dallastown is probably going

            to have it. They’re going have the track going down around

            Locust Street, they’re going to have individuals that are going

            to object to that. They may work out some sort of bypass. I’ve

            gone to any public meetings, we haven’t had any public meetings

            through the other municipalities, so I don’t know what feed is

            out there. I can’t believe with over 12 miles, there is a 100

            to 200 property owners, that there is going to be a lot of bypasses.

            Is this acceptable at this point, at the first public meeting, we will

            limit the way for people along the red line? Or we’ll have the whole

            town at the meeting. Councilman Noll said lets ask the question,

            you choose this route, the reason for that, it doesn’t make sense

            to go down Maple and pick up Pennsylvania, than stay with,

            and pick up at the borough line. Or here. Councilman Allar asked

            are you talking about the west side? Councilman Noll said  yes.

Engineer’s Report(cont.)                                    Page 17


            Again you are dealing with all the property owners in through here.

            Councilman Noll said not actually coming down Pennsylvania.

            Councilman Allar said you don’t have a real Pennsylvania, it kind of

            dead ends right? Councilman Myers said it actually sweeps down.

            Councilman Allar said this map isn’t accurate. Councilman Noll said

            this is then actually the best. Councilman Allar said this isn’t a full           

            street coming down. You’re talking about coming in and dropping

            down. I’m trying on keeping it safe. Councilman Noll said you

            definitely have to get them going across the light somewhere.

            Councilman Myers said not necessarily, down in Railroad Borough,

            we have the exact same issue that we have here. And there we

            have flashing lights, and they have a z pattern to go through to

            cross the street, how the county has the grids set up. Councilman

            Allar asked if that is borough street? Councilman Myers said its

            a state road. Mr. Shearer said our volume is a lot heavier than

            on 851. Councilman Myers said probably so, but we never had

            an issue. Mr. Shearer said they have a better site there. Councilman

            Myers said if you are coming out of New Freedom and you got

            to cross and go towards Glen Rock, you don’t. Mr. Shearer said

            its better than trying to pulling out here. When I plow snow

            its hard to see. Councilman Myers said you’re in a truck and not

            on foot, its no different than if you walk up there now. Mr. Shearer

            said but I worked down there, painting curbs, that curve is nasty.

            Its just a dangerous place. If you get past Water Street, you go into

            that curve right there, they come around there so fast, your site

            is just limited. Councilman Myers said we’re debating here, about

            traffic and such, that’s part of that committee. Over here in Red Lion

            when they decided, they do a traffic study, they’ll decide where that

            crossing should be. Why are we making that decision because we’re

            saying that traffic’s heavy? Councilman Allar asked why are we making

            a decision about the route? Councilman Myers said yeah. Councilman

            Allar said well because, the. Councilman Myers said that’s why that

            baby was put together. Mr. Shearer said they’re making decision that’s

            going to impact us as far what we have to do, to get land approval.

            There is no authority in place that has the legal right to come in and say,

            we’re taking this land. It comes back to us. Ultimately the way its

            shaping up now, we will be owners of the trail in Yoe Borough. So,

            to me, we’ve got have a feed back, we need feed back on council on

            what risk you are willing to accept. Councilman Allar said we get

            to give them the events here, instead of having some one do them

            for us. Councilman Noll said basically you are the representatives

            from the borough, instead of having x, y, z person standing here

            telling us what it is. Councilman Allar said the super key is to

            communicate, we’re going to start that in January as part of the

Engineer’s Report(cont.)                                    Page 18


            feasibility study. It’s a key that we decided what citizens are

            involved. Councilman Myers said basically what we are going

            to do as a borough council, you guys are going to go back as

            our reps, to your committee, and you will say this is the way

            that we want the trail to go down through. Councilman Allar said

            working with people of the feasibility study, we’ll present this to

            them and hopefully they don’t have some monster problem with it.

            If they don’t , knowing full way, what the original one is, they

            don’t have any problems. Then the next thing is that we would

            set up these public meetings. That’s what they’re asking the

            municipalities to do. Feasibility will come and tell what the

            study is all about, the goals and objectives, the positive aspects

            of the rail trail. Councilman Noll said my only direction, I

            understand why you’re doing this, I think its in my opinion,

            it’s the right thing to do, especially crossing Main Street,

            the only comment I would made, on the east side, if we could

            pick up a little of that trail to take off of some of these other

            alleys. Councilman Myers said that’s my problem with that

            part of the plan, its completely taken everything off the whole

            thought process of why we doing it. Councilman Noll said

            it doesn’t make it rail trail friendly. Councilman Myers said

            its not what per say, what the committee was formed to do.

            Its completely taken off running bicycles down sidewalks,

            people walking down sidewalks, of which you have already

            everyday anyway. Councilman Allar asked give me an

            alternative? Councilman Myers said the alternative, I think

            we should follow the bed and I think we should see what the

            whole committee comes up with when you do your

            feasibility study. Councilman Allar said if we use the bed,

            we’re never going to proceed. You think we’re going to

            get two dozen home owners to give up their parking lot.

            That’s not going to happen. Councilman Noll said I think

            we should try to pick up as much on this side, I agree

            I’m train enthusiast, I would love to see 100% on the train

            bed but I also have a lot of fears safety and other things,

            maintenance. Councilman Allar said before you get to

            maintenance and safety issues, the home owners are not

            going to do it. Pick out, whoever you want, where are they

            going to put their automobiles. This is a real personal issue

            to the property owners. Councilman Myers said which is

            unfortunate, we just didn’t as the borough, long time ago,

            we should have just commandeered that land a long time

            ago. Not more than twenty years ago, those people did not

            have those parking spaces. None of those parking spaces were there.

Engineer’s Report(cont.)                                    Page 19


            Councilman Allar said kids play there and everything else.

            It is what it is. Councilman Myers asked what do you want

            a vote? Councilman Allar said I don’t know if we need a vote.

            For Dana to move on, we need to some kind of agreement that

            this is the track that we could pursue, until we find out its not

            going to work to do it. So, again I’m open to other ideas, if

            someone can come up with a better way to do it. I realize no

            matter we come up, and I think everyone else knows, there is

            no perfect solution. Councilman Myers asked are we in agreement?

            Councilman Noll said I feel in agreement with this, if they try to

            follow as much as possible the road bed, pick some up this end.

            I think we can give Dana some of the flexibility. Councilman Allar

            said I have no problem with that, we can bring those home owners

            into it and see. Say we come up Pennsylvania, we can add those

            home owners. Some of them are upset. Mrs. Crull said I had

            several comments about the trail, they wanted to know what is going

            on, they wanted to know if they’re going to lose their property. Councilman

            Noll said I think at this point, when you do your meetings, if you can get

            anybody that could be affected from at least Church Street down. Not saying

            that ultimately that we have to go that way, but I’d like to see input from

            those people to try to keep as much of that bed as possible. Councilman

            Allar said if you are looking at E. Pennsylvania and then you can talk in

            terms of good possiblities. Councilman Myers said it would be nice,

            granted, you can get that to come the whole down to Main Street. It would

            be nice if you can bring it right down Pennsylvania Avenue. Nobody’s

            going agree that you should be on the street anyways. I think you are going

            to have an issue that, people on the street on Water Street, you’re going,

            have people coming down Main Street, you’re still going to put people on

            Pennsylvania Avenue. You don’t put a trail on the street. Councilman Allar

            said I did on a couple where they did. Now I think on the western, I think

            we should have those property owners and again, those property owners

            on the front or the back of the property. Again we can talk to those people,

            and see if they would give us 10 feet or so of their land on the Mill Creek

            side, so we don’t have to be on Water Street. Councilman Noll said there

            is extremely on the western, we can get money for a picnic area for the

            trail, have access of the trail to the park. Councilman Allar said if we

            can get some of the land down here, we might even use it for parking

            or stop and go, on the western. We can still bring the trail down from

            the park. The obvious connection point is going to be Boundary Avenue.

            So whether we do it this way and bring it on Pennsylvania, still connect

            to Boundary Avenue to get something at the park. Councilman Noll said

            I do want to leave that option open. Councilman Allar said we won’t

            compromise that. I know I have talked to and a couple of people have

            called me from along here and basically, said I’m not giving you the right

Engineer’s Report(cont.)                                                Page 20


            of way but I will sell it to you. That’s pretty much the attitude that

            I get. Councilman Crull said where you are talking about that western

            part of that land, talking about parking and so forth. Councilman Allar

            said we’d avoid all that stuff. Councilman Crull said is it that Craig

            Dallmyer. Councilman Allar said if we come in the way it was originally

            designed, we’re still going to have to deal with him. Councilman Crull

            said he’s hard to deal with. Councilman Allar said I know, if we want

            to deal with Dallmyer, do we want to deal with him by himself or do

            you want to deal with Dallmyer anyway plus twenty some people.

            Still got to deal with them. Councilman Myers said why don’t we just

            agree, I agree with Seth that we should stay on as much of the trail

            as possible. I don’t like the alternative at all. Councilman Allar said

            like I said, unless we have something else on the table, I don’t know

            what else to do. The one thing about Clark Alley, its pretty much

            a rail trail now. When we come up, we’re going to have to build something

            on East Pennsylvania Avenue. Councilman Myers said I think you guys

            are going to have a hard time, or you, not so much Dana but you as a

            councilperson, you’re going to have a hard time or maybe you won’t have

            a hard time selling that to the rest of your committee. Councilman Allar said

            all I have to do is say, you accept this or you won’t have rail trail in Yoe

            Borough. I know there is resistance, that is going to mandatory. The issues

            that we’re going to have is with the citizens. Councilman Myer said you

            have some issues, going down Main Street past the barber shop down

            here. There aren’t no sidewalks down there. Councilman Allar said

            I know that. Councilman Myers said are we all in agreement to let

            them stay on the trail as much as possible, you’ve got to do what you’ve

            got to do I guess. Councilman Allar said I wish I had a better solution.


?            Councilman Noll said a couple of months ago when we had our meeting

            with York Township, we were talking about the paving project up there.

            You were going to check if there were any bonds held or escrow on the

            the developer for the houses up there, where we could possible take that

            and apply that to York Township for that paving project, did you find

            anything out? Mr. Reichard said I didn’t find anything. The sewer authority

            didn’t have anything, we didn’t haven’t anything on file. York Township

            claims that they didn’t have it. Got a message that Bob Miller was going to

            go back and recheck their records. For some reason, I have a letter, that the

            last comment was that security needs to be posted and it was checked off.

            Checked that comment, that it was addressed at that time so. We don’t            

            have anything on our records. I thought possibly the county did, but not.

            And even when I talked to the contractor, they said well I still have that

            bonded so. I don’t know. I can call him and see what we have. Councilman

            Noll said I would say that you are trying to catch the amount of the bond,

            and you would like a copy of it for correspondence for your records. Mr.

Engineer’s Report(cont.)                                    Page 21


            Reichard said I can’t remember what happened. Councilman Noll said

            because I would like to get an answer back to York Township on that.

            Mr. Reichard said I will follow up with Bob Miller and see if they

            found out anything.


County            Councilman Allar asked have you heard anything on, do you know where

Liq.            we are at with liquid fuels money from the county? Mr. Reichard said yes,

Fuels            we didn’t get it. They sent a letter December 3rd. They’re basically saying

Money            that their discretionary liquid fuels allocation of 2008 is exhausted. They

            have been denying recent requests. I am encouraging you to reapply in

            2009. However, they’re saying, there’s good possibility that the Common-

            wealth will reduce our 2009 allocation. Councilman Allar asked who is

            the letter from? Mr. Reichard said Chuck Noll. Councilman Noll asked

            so we can resubmit in January? Mr. Reichard said yes. First in, first

            out basis, so we want to have it postmarked January 1. I will. We will

            resubmit that. Councilman Allar asked how much did we apply for?

            Mr. Reichard said about $65,000.00. Which I was caught off guard

            by, I just didn’t remember the magnitude of the project. We pull the

            file, and the engineer’s recommendation was fairly significant so.

            We had two projects. We had a portion of funding available to at least

            do the other project. Councilman Allar asked even in January, if

            they look at it as $65,000.00, I don’t want to put them in the position

            that they feel that can’t put in that much money into engineering even

            if it is two projects. Mr. Reichard said the engineer that is working

            on is Steve Malesker. This is always submit them, for a total

            project cost, then the county comes back for a counter offer, this is

            what we have available towards that project. Councilman Allar said

            as long as were in the line. Mr. Reichard said we actually had that

            before, and we didn’t have the overall money and that’s why it

            sat for four years. We ended up giving the money back. We

            can provide a recommendation. It says, 2009 funding. If they

            have budgeted amount for that, I would think that is part of the

            the 2009 budget. Councilman Noll said I wasn’t sure how the

            state does it. Mr. Reichard said I will find out, I’ll talk to them.

            Councilman Myers said thank you and have a good Christmas.


Maintenance Report


Plow            Mr. Shearer said we started plowing snow. Started spreading

            material. I did call Township, about bringing in some more

            material, things are starting to get a little empty.


Cam-            Mr. Shearer said we’ve got the camera system at the park repaired.

era            Choice Security did that for us. We received a quote from Advantage

Maintenance Report(cont.)                                    Page 22


            Security for some different cameras, copy is in the circulate file

            that was around $2400.00, for installing the different cameras,

            and to upgrade the recorder to allow for some guide of the

            theater. That was not for any trenching or conduit that we talked

            about getting the cameras back, additional. We talked about going

            underground and run a main cable back to the main building. We

            left that out of it. The guy didn’t want to give a hard quote on digging

            the trenches. I didn’t know how you hard of prices you wanted since

            the situation with Perpetual and the renovations and stuff. Whether

            we want to continue to get prices. Councilman Allar asked how

            many did we get? Mr. Shearer said that is three prices. Councilman

            Allar said I think that’s enough. Mr. Shearer said previously, where

            do you want to tie this, do you want to tie with in with the renovations

            at the park? Councilman Allar said yes, what would be tied in.

            Councilman Myers said that would be the time to do it. Mr. Shearer

            said if we have to re bid this, get update prices. Councilman Allar

            said the revitalization money that comes from the county we can

            use that for anything we want. The secretary said the $25,000.00 is

            for engineering and design. Councilman Allar said we have to

            send to DCNR for the implementation plan and then we have

            CDBG grant. Mr. Shearer said I think we can fold this into what

            Jason and Seth are working on laying out the plan. Depending

            where we put stuff it will affect where we actually mount the

            cameras. We don’t want to mount the cameras for something we

            have now and need to put the camera where it needs to be.

            Councilman Myers said what were the prices? Mr. Shearer said

            I don’t have the others with me tonight. I know they were

            roughly around, the price from Perpetual was around $4500.00.

            CIA, they had the same way, to add cameras. Truthfully both of

            those, didn’t want to come in on someone else’s work. The

            system there, prefer to upgrade. Councilman Myers said then

            we’re just going to wait? That’s okay.


Leaf            Mr. Shearer said Dallastown got the leaf clean up completed.

            We did manage to get the curb lines and drains cleaned out as

            much as possible.


Status            Mr. Shearer said you had asked a few months ago for the

            status of the rental inspections. Right now I have approximately

            51 to get in, within the next couple of months. I want to try

            to get a couple of them in this month.


Inspect            Mr. Shearer said the inspection for the dam is scheduled for

Dam            9AM on Thursday 12/11/2008, for the annual report.

Maintenance Report(cont.)                                    Page 23


Over            Mr. Shearer said the overhead door on the storage shed that was

Head            damage by the vandalism. We received payment. I contacted

Door            Bakers, that will be here Friday to replace the door.


Tree             Mr. Shearer said the tree sale is coming up with County Conservation.

Sale            So I know there is a lot of new, native plants. Some of the stuff

            I planted up at the park didn’t fair well this year and some of the

            stuff out back seems to be doing pretty well. I do want to order

            some more stuff, for trees and plants up at the park. Some areas

            up there, get with Jason where we can plant some additional stuff.


Lights            Mr. Shearer said Milt has completed installation of the LED

            upgrade. Bill will be sent tomorrow.


Mower            Mr. Shearer said Sandy, do we need to officially purchase the

            mower from Mr. Strobeck. The secretary said the bill is listed

            on the bill list and will be approved later on.


Strobe            Mayor Sanford asked do you want to talk about strobe lights

Lights            at all? Mr. Shearer said I haven’t had a chance to get prices

            to upgrading that to the highest grade package for the truck,

            get strobe lights for improved visibility. Councilman Myers

            said get the LED ones, you don’t have to have your truck

            run. Don’t have to ruin your battery. You get what you want,

            but from our experience, trying to shut the truck off to

            save fuel, then the battery goes dead. Mr. Shearer said

            most of the time with the light on top of the truck, the truck

            is running anyways. Usually I am in a work zone with the

            yellow lights. Councilman Myers said hideway strobe

            lights are $250.00, I just bought a set,so. I’m ordering

            them tomorrow. Mr. Shearer said order one for me. Mayor

            Sanford asked what your budget is like. The secretary said

            the budget is used up for this year, but its okay for next

            year. Councilman Myers said bring it up for next year

            then. Dana, thank you for your work and time.


Mr.             Councilman Crull said I talked to Bob this evening before

Stro-            I came up here as far as, he doesn’t want to do any plowing

beck            and cindering but if we get into trouble, he’ll definitely

            help us out. Don’t wait until its two feet deep, just call

            him at his house.




Zoning Officer’s Report                                    Page 24


            Councilman Myers said the zoning report is there, anything

            for zoning?


51             Mr. Shearer said I’ll bring this up under zoning, down at 51 W.

W.            Pennsylvania Avenue, the old Leon Wilson property, we’ve

Penna.            had numerous issues that Dan has been taking care of this

Ave.             year. This past week we did have an issue with the retaining

            wall on the Mason Alley side of the house. I had called Dan,

            but he was unavailable. I did call Code Administrators to see

            what they could do for us. They actually came down and looked

            at it, Kevin Hertzog from Code Administrators came down. They

            are actually writing up a violation letter to the bank that owns

            the property now that they know they need to get the wall fixed.

            If you hear anything in your travels about the wall falling out

            into the street, they’re writing it up under the UCC as an unsafe

            structure. I don’t know if Dan will have a to draw an application

            on it . One of the inspectors is writing up a letter for us, so.

            Any questions on it, we’re on top of it. Councilman Myers said

            Dana had a call on Sunday night, there was a loud noise, they

            called the fire department. The fire department went out and

            the captain had Dana come out and look at it.


Mayor and Police Report


Mayor Sanford said the police report for October from York Area Regional

Police is as follows: 24 calls, 1 accident, 26 traffic citations, 4 summary

citations, 1 misdemeanor felony arrest. Service hours were 45.75 and

administrative hours of 32.58.


2nd            Mayor Sanford said we are in our second round of voting for

Round            police commissioners. I should have the results of the second

            round tomorrow morning.


Corr-            Mayor Sanford said correspondence that I will forward to the file,

espon-            newsletter from the York County Economic Development, some

dence            stuff from LTAP, did you get that Dana? Red Lion Senior Center.

            Also I received some information from the Department of

            Commerce dealing with the census. There needs to be some

            work done with that, needs to be done by March of next year.







Secretary’s Report(cont.)                                    Page 25


Dates            The secretary reminded council they need to approved the meeting dates

            for 2009.


Closed            The secretary said the office will be closed December 19, 22 and 24th.


YATB            The secretary said I received notification that we need to appoint someone

            to the York Adams Tax Bureau representative and an alternate. They

            want the names as soon as possible. The letter was dated Dec. 1.

            Bruce knows what it entails. Councilman Myers said its interesting

            stuff, I was on it a couple of years. I would make it every quarter.

            The secretary said they meet quarterly 7:30PM on the last Monday

            of January, April, July and October and on rare occasions when a

            special meeting is called. Meeting notices are mailed to named

            representative of each municipality or school district. They want

            me to name a representative and an alternate. We don’t have

            reorganization this year that is why I brought it up. Councilman

            Myers asked for volunteers, I can appoint. Councilman Manns

            will be representative and Councilman Myers said he will be

            an alternate.


Unfinished Business


Gail            Councilman Allar asked do you know anything more about Gail Koller?

Koller            The secretary said Sam was going to take care of that.


Steve            Councilman Allar said you know that Steve Stetler was appointed to

Stetler             another position in the state and no longer is with PEL.


Copier            Councilman Myers said on the copier contract, I need to motion

Con-            to sign it, the amount is $205.80. A motion was made by Councilman

tract            Noll to sign the 2009 copier contract. The motion was seconded

            by Councilman Crull. All in favor.


2009            Councilman Myers said we need a motion to adopt the 2009 budget.

Budget            You all received a copy of it with your minutes. A motion was made

            by Councilman Allar to adopt the 2009 budget. The motion was

            seconded by Councilman Crull. All in favor.


New Business


Magic            Councilman Myers said the Christmas Magic thing, Dana had already

            talked about that with Bruce to extend the time frame until December

            31, 2008.

New Business(cont.)                                    Page 26


Meet-            Councilman Myers said I have one question on this, we haven’t advertised

ing            this yet. The secretary said I will be after you approved it. Councilman
Dates            Myers said in November and December, it’s the second Tuesday, in

            November its election and in December its for hunting season. What is

            everyone’s schedule if you put it to the third Tuesday. Here’s my problem,

            in November and December, there is a meeting I have to go to. I typically

            do not show up in November and December. The secretary said for me

            it’s a problem, getting the minutes done for December and then having

            reorganization two weeks later is too much. Too much. For January it

            would be hard. Councilman Noll said in December, we could have it

            the first Tuesday if it doesn’t affect any one? Does it affect anyone?

            Mayor Sanford said Sam was the one. And Jason. Councilman Myers

            said we just always did it, I don’t care. My problem is I have to be

            at a meeting the second Tuesday, its just a bad situation. I was

            suppose to be in front of the York Township Commissioners

            tonight. We can do that for December and push it back for November.

            Mrs. Crull said the election shouldn’t bother us, we use to have it

            then. The secretary said Sam is a committee man, or whatever.

            Councilman Myers said he goes around. A motion was made by

            Councilman Noll to make the meeting dates the first Tuesday

            of the month except for second Tuesday for November beginning

            at seven. The motion was seconded by Councilman Howett. All in favor.


            Councilman Myers asked any other new business?


Payment of Bills


            Councilman Myers said we have to add the following bills: Verizon:$72.98,

            Verizon:$35.07 and Tracey Sales $89.95. A motion to make payment

            on the bills with additional ones listed by Councilman Crull. The motion

            was seconded by Councilman Howett. All in favor.




            A motion was made by Councilman Crull to adjourn the meeting at 9:15PM.

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