Wednesday, January 6, 2010

Yoe Borough Minutes December 1, 2009



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on December 1, 2009 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called to order by Council President Sam Snyder at 7PM followed by the Pledge

of Allegiance.

Council Members in Attendance:

Sam Snyder

Barry Myers

Tom Allar

Bruce Manns

George Howett

Seth Noll

Others in attendance:

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance

John Sanford, Mayor

Steve Malesker, Engineer

Pete Solymos, Solicitor


Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting, any additions or corrections? A motion was made by Councilman Howett to accept the meeting minutes of November 10, 2009. The motion was seconded

by Councilman Myers. All in favor. Councilman Snyder said minutes accepted.


Councilman Snyder said let the record reflect no visitors.

Solicitor’s Report

Street Solicitor Solymos said on newer business I was requested to look into

Lights whether the municipality has to provide lights, they do not, street lights.

The public can petition to get street lights, however, a municipality is not

required to do street lights but if they do, they can levy a tax on it of up

to 8 mills for the street lights, there was a question of finding other sources

Solicitor’s Report(cont.) Page 2

for the municipality. And that’s one possibility that you could look into

for your lights. There is also a possibility that you could possibly get

up to 5 mills for the roadways. I don’t know if that would jeopardizes

liquid fuels if you go and tax it yourself. That is something I’d have to

look into even more. But anyway that was in regard to that particular


Tax Solicitor Solymos said you’ve got the tax ordinance to adopt at 7:30.


Chronister Solicitor Solymos said at long last we have confirmation from everyone

Hearing and their uncle, on a hearing date for Chronister, which means the chances

Date of it being configured at good. It was hard to get everyone to commit at

the same time, I think we’re really good for that date. I’ll get in touch with

Sam and with Tom and coordinate with Jason to prepare our case for

that one. I’ll let you enjoy your holidays before I start. Councilman Snyder

said just one note, a mental note, I already talked to Pete, I do have a

doctor’s appointment that morning, but that shouldn’t be a problem to

make it to the hearing in the afternoon. There is only one date I wouldn’t

be available, I have an echo on the fourth so. Try to keep that in mind.

Solicitor Solymos said we’re on with that.

Bowser Solicitor Solymos said we’re on schedule to get the, Bowser, its not

really the Bowser case, argued. I think that’s basically it

The council went into executive session to discuss matters of potential litigation.

Letter Councilman Snyder said under solicitor’s there’s a couple of things that

sent out are going to crossover, one of course is Engineering. We did get the letter

to the sent out from C. S. Davidson to the sewer authority, that was dated the

sewer twelfth. And interestingly, enough, the reason I’m bringing it up under

authority solicitor, cause its probably going to be another source of litigation. We

did receive the copy of the minutes from the September sewer authority

meeting at which point, in essence, it says, they went over the issue at

hand, as far as the sink hole. They’re under the impression, the contractor

went out under the auspices of the township and that it is the township

interceptor at the manhole cover. And since the pipe was covering spring

water or a old storm drain, and wasn’t connected to any other pipe, the

sewer authority feels that it’s a drainage problem and it’s the borough’s

responsibility to pay for it. Therefore they have nothing to do with, it

has nothing to do with the sewer system. Now of course, this is one,

where five separate people are going to be involved with this. Cause

Aaron’s on the hook, they want paid, they don’t care who. You have five

Solicitor’s Report(cont.) Page 3

other authorities, Yoe Borough, York Township, the sewer authority,

York Township Sewer Authority, Penn Dot. No one wants to own, and

Aaron is still patiently waiting on their reimbursement because it wasn’t

their fault. Seeing that’s how that went in September, I don’t expect too

much more coming out of the December meeting, they may not even

recognize it. Just be put on notice, I’m sure that’s going to be another

source of litigation and once it gets to that step. I don’t know maybe a

letter from Pete saying, look this isn’t going to go away any time soon

what if everybody ponies up a thousand bucks since its so intermingled.

Because what’s going to happen is, we’re going to spend easily thousand

and thousands of dollars in lawyers fees among the five authorities trying

to defend everybody’s position, somebody’s going to end up losing for

five thousand dollar fix. And the only one that is going to get rich is the

attorneys. Solicitor Solymos said but if it sticks in your crawl. Councilman

Snyder said I didn’t say you, the only one getting rich is Pete. Solicitor

Solymos said I was talking in general. Councilman Snyder said when

you’re going to get at least six attorneys involved in this. Solicitor

Solymos said we’re the only ones that are going to get paid, in a pratical

manner, we’re the only ones that are going to walk away clean on this.

Councilman Snyder said so I don’t know, again forewarned bringing it

up under solicitor’s report, food for thought. Solicitor Solymos said this

is only $5,000.00. Mr. Malesker said $4,173.41. Solicitor Solymos said

they’re should be a joint meeting of chairman of each on the authorities

representing the municipality, sit down, even the mayor, sit down and

say what are we doing. Councilman Snyder said I agree, if the sewer

authority doesn’t pony up to this, the reason it went back to them was

it was believed to be, a sewer connection problem with the sewer lateral

that was put in. As Steve, mentioned it was, who made the call? Mr.

Malesker said I believe it was Mark Clark. Councilman Snyder said

Mark Clark on behalf of the Yoe Borough Sewer Authority. Solicitor

Solymos asked Mark is the sewer authority’s engineer? Mr. Malesker

said Holley is. Councilman Snyder said through Holley and Associates,

they made the call to Aaron Enterprises, thinking it was a bad connection.

Aaron Enterprises did the work, they found out it wasn’t their connection,

now they want paid. Yeah, that’s why we don’t, hey look, if the sewer

authority directed them to go out and fix the work and it turns out not

be their work, the sewer authority directed them to go out and do it, sewer

authority should pony up for that expense. Solicitor Solymos said I agree.

Councilman Snyder said they’re saying not. Solicitor Solymos asked

who all is involved. Councilman Snyder said it’s the sewer authority,

Yoe Borough, York Township, York Township Sewer and PENN DOT.

Mr. Malesker said PENN DOT won’t do anything, they said they’d fix

the patch. We still have that issue. Councilman Snyder said its sitting

down there, its not been repaved to specs. And PENN DOT is going to

Solicitor’s Report(cont.) Page 4

be hammering on someone’s door saying, well we didn’t cut the hole.

I just see this getting out of hand and again four thousand dollars we’re

going to spend more than that in legal fees just to try to defend a

position we all know Aaron had a good leg to stand on because they

were asked by an authority and go out and fix their problem, turns out

not to be their problem now they want compensated. Its. Mr. Malesker

said this happened at the end of June. Councilman Snyder said they’ve

been quite patient and I can’t believe they’re actual comment was Aaron

Enterprises is now seeking reimbursements for their cost, since is it

a drainage problem it’s the borough’s responsibility to pay. They’re

putting it back on us. It’s the borough’s responsibility to pay for it,

it has nothing to do with the sewer system. I think they’re forgetting

the fact on who authorized the work. You eluded to that in that letter.

Solicitor Solymos said well, what they don’t understand is legally they’re

bound to pay. Now should they get sued and Aaron wouldn’t sue anyone

else but them, they did the work for them. The authority can come back

and say, if I am liable then the borough is liable over to me because

the borough is the one that created the problem. But that would be all part

of joiner, and again the complications of the lawsuit could really be

interesting. Mr. Malesker said but the statement of the drainage through,

the borough is not going to be claiming any ownership responsibility for

the drain pipe that’s in there. Councilman Snyder said its not part of the

borough system, its not a storm drain. Number one, its probably a pipe

for spring water. Solicitor Solymos said I think between you and I, maybe

we can draft a response to this, to the authority and say hey. Mr. Malesker

said so they meet? The secretary said next Thursday. Solicitor Solymos

said they meet next Thursday, maybe we need a little response, tell them

one. First instance, you are responsible to pay it, we highly suggest you

pay them, then you sue us if you think we’re responsible. Councilman

Snyder asked should we have. Mr. Malesker said they haven’t had a

chance to respond to the letters, since they haven’t had a meeting.

Councilman Snyder said that’s what I was getting at, this is their mind

set right off the bat, now we sent them a little letter which was only a

paragraph, it wasn’t that strong. Its just that the borough feels its their

responsibility, they’re the ones that authorized it, its only a paragraph.

At this point, does council wish Pete, to make a phone call, doesn’t have

to be anything spectacular, to Mike Craley to get their attention. To say

look people, this is just bull. I mean. I see us spending, once it gets into,

the insurance carriers hands, this is going to get so out of hand when

everybody knows that. Councilman Allar asked who was Steve’s letter

addressed to? The secretary said Dennis Sarpen, Rodney Smith, Aaron

Enterprises and Sam Snyder. Councilman Snyder said at this point its

Solicitor’s Report(cont.) Page 5

getting down to a legal issue, which is why I was thinking about having

Pete give Mike Craley a call, to say hey Mike do you really want to go

down this pike when everybody’s is going to hang, everybody’s going

to get lawyers involved for a four thousand dollar bill and here’s the

essence, your authority authorized the work. Solicitor Solymos said and

the question then becomes and we get right back to the point, if there’s

no responsibility for us, to settle it do we chip in municipal money to

get rid of it. I know how Tom has feelings on that and I understand them

but that’s one thing, What kind of authority do I have if I talk to Craley.

Or just suggest Craley that everybody should meet to discuss it amicable

resolution before anybody spends a fortune. I am suggesting he.

Councilman Noll said should it come from Pete or from you, or John.

Councilman Snyder said well at his point I’d like to get, I can’t

believe when reading those minutes there was no comments by the

solicitor at all. I can not believe, that’s why I wanted it to come from

Pete to Mike, to get Mike’s attention to say I can’t believe you’re.

Councilman Noll said is Mike their solicitor? Councilman Snyder said

he’s their solicitor. He’s not stupid, I can’t believe he left this go.

Councilman Allar said if Pete made a call, lawyer to lawyer, stress the

importance of the contractor, they made the authorization. I think Craley

needs to know that the authority incurred the legal obligation. I doesn’t

matter about the pipe, who owns the pipe or whatever. Councilman Snyder

said that’s down the road but we want decide how we want to handle the

pipe. Councilman Allar said they. Councilman Snyder said right now we

know that Aaron did some work, they weren’t responsible for it, and

they want reimbursed. Councilman Allar said and maybe Craley even

though I don’t know that what his knowledge is, but Pete could bring

him up to speed at some very critical points. Councilman Snyder said

it even says in their minutes, it was requested that the township notify

the contractor about the work and the settlement. According to Steve,

it wasn’t the township, it was their own sewer authority. I can see.

Councilman Allar said and the other step would be to ask Craley at

that meeting, to indicate the authority. Solicitor Solymos said if the

facts are, as I heard them here tonight, that the authority brought this

guy in to make the repairs, it is the authority that contracted, it is

the authority to owe. Can you imagine that if you tried to pull that on

someone on a deal, at Best Buys or something like that, well I didn’t want to buy that because I was led astray by so and so. Councilman

Snyder said exactly. Councilman Allar said don’t go with the shared

cost thing until. Councilman Snyder said I want them to own up to

it, but you have to get their attention, its not going to come with me

going to a meeting. Solicitor Solymos said I’ll call Mike and say, Mike,

educate me, I don’t how your people are not responsible for this contract,

Solicitor’s Report(cont.) Page 6

no matter whose pipe it is or where it came from. Mr. Shearer said

one thing that I kind of wonder, not being there, when they got

to sewer connection and they found it wasn’t the problem, under

whose authority did they did further? Councilman Snyder said I don’t

know and I don’t care. At this point. Councilman Allar asked are you

saying that Aaron incurred more cost than necessary? Councilman

Snyder said that’s an issue if they want to take that up, right now I’m

just trying to get them if they want fight on that technicality. Mr.

Shearer said what I’m saying is, Mark Clark was standing there and

what’s his name from PENN DOT were standing there when they

dug it. Mr. Malesker said Terry Sprenkle. Mr. Shearer said okay, if

Aaron dug to that sewer connection and that wasn’t the problem and they

dug further to that pipe to find the problem. Then somebody had

authorized that. Councilman Snyder said that’s what I’m saying, they

need to own up to this. All the players from the sewer authority, if they

want to drag in York Township’s sewer authority and stuff and try to

get some money from them, fine, but first they need to own up to is and

say not say it’s the borough’s responsibility. A motion was made by

Councilman Noll that Pete call to the solicitor of the sewer authority

and present the borough’s position and let them know. Solicitor Solymos

said I’ll confirm that in a letter and copy you guys. The motion was

seconded by Councilman Howett. All in favor. Councilman Snydre

said motion carried.

Street Councilman Snyder said we have a couple more minutes before we have

Lights to go into that ordinance. Back to solicitor type of things. And right in line

Considera- with budget and the ordinance, something to consider for next year. As

tion Pete indicated, what he found out about the street light and he said he

would not, he didn’t say that but he would not recommend eliminating

the street lights you already have. Solicitor Solymos said oh no, unless

none of you want to get elected, that could be resolved real quick. So.

In trying to, to figure out ways to help pay for them, we all know its

coming up. We did try and bring back up the budget issue that you had,

had. I checked back with the Pennsylvania Boroughs Association and

we can not institute the business privilege tax. The way the tax law is

currently written it was just redone a couple years ago, the screwed up

the language so if the tax was not in effect prior to 1998 you can not

institute it. If it was already instituted you can change, you can up the

mileage. If you didn’t have it on the books then, you can’t institute it at

this point. They’re trying to get that rectified, but it hasn’t been yet so

Yoe Borough can not institute that. She of course also mentioned about

the tax for street lighting under section 13.02 of the Borough Code, now

she did point out and this where maybe you were getting at, Seth. You can

go up to the 8 mills for street lighting. Based on our, current assessed

Solicitor’s Report(cont.) Page 7

value of roughly of 32 million dollars, a ½ mill would generate would

roughly $15,000.00 give or take some pennies. So if you do, a ½

mill street light tax, and add with our real estate, like we have the fire

tax, and that generates the $15,000.00 give or take, you have to use

actually figures to figure what it supposedly would generate and you

are going to have some delinquents, so figure $15,000.00. She did

enlighten me that and she was going to fax that down here next week,

anything that you need in excess of that amount can come out of

liquid fuels for street lighting but you can not use liquid fuels strictly

for street lighting, it has to be used in conjunction with a street lighting

tax. So if we were going to institute a ½ mill street light tax, and then

we come to find out that our street lights are coming in at $22,000.00,

we wouldn’t need to raise taxes again but we could take that extra

portion out of liquid fuels to make up any difference. That would solve

the problem of real estate tax, that isn’t going for anything, it is, its going

specifically for street lighting, it’s a definite proposal it can only be used

for that, just like our fire tax. At the same point, we could then, swap the

$16,000.00 we have in our budget take that out of the budget and move

that around and that frees up some well needed funds out of our general

operating budget. So I’m just bringing that up as we get into our taxes

for next year, we have to think about it ahead of time because there are

statutory obligations here as far as, advertising, you can’t just do it,

have a budget, pass a tax. I think that tax has to be instituted separately

and then it has to be incorporated. Solicitor Solymos said we’d have

to pass it be separate ordinance. Councilman Snyder said a separate

ordinance and then it has to be incorporated with the general tax at

the end of year. Councilman Noll said if we need to lower the tax.

Councilman Snyder said then you can always lower it, you don’t know

what electric is going to do, you can always. You were worried on

how we can open up a budget in mid year. We really can’t this is an

area that we can actually that we can look at it, ear mark it for something

in particular that frees up something from general budget and we know

we’re only working with a half a mill at that point. Councilman Noll said

like you say, if we do get into trouble, it opens up another avenue that

we can. Councilman Snyder said the liquid fuels. Councilman Noll said

we might not want to do that but. Councilman Snyder said exactly, it

gives us some lead way. The other thing while we’re talking about

funding, again its under Solicitor’s Report. Go over this briefly before

we go into this ordinance. I did check as far as for loans because we know

Loans that this project is coming up potentially with the storm sewer. After you

borrow $125,000.00 that is what kicks into DCED for approval, you need

to have resolutions and a stack of papers need to be filled out, she did not

know of anybody that’s ever been denied. There is a maximum amount

that can be loaned, its 250% of our borrowing base. Which is calculated

Solicitor’s Report(cont.) Page 8

three years of average revenue. So based on 07 to 09 budget, our base

rate, she calculated it, is $317,568.00, would be our base borrowing rate.

We can then borrow no more than the 250% of that, or $793,920.00

which means the maximum project that we could do with an H2O

grant which is a 50/50, if you bump to say $800,000.00, is a 1. 6 million

dollar project. So if Steve comes back to us in May and says I have a

2 million dollar project for you, we know we’re going to be slicing and

dicing right off the bat. If its under that 1.6million it should go as far

as borrowing is concerned. Councilman Allar said that’s very important

information. So I wanted to bring that up under solicitor, cause again

that’s going to be involved with him, if we go through with the project.

And of course, right in line with our taxes and stuff. Councilman Myers

said that program that PENN DOT that lends you money, Loganville

did it with that by pass around Loganville, do you know about that?

Mr. Malesker said yes I could check into that. Councilman Myers said

that was a loan with PENN DOT, PENN DOT has its own program.

Mr. Malesker said I’m not sure about that, is that PENN VEST?

Councilman Myers said I don’t know, they’ve done it and other

municipalities have done it. I don’t know how that works. Councilman

Allar said the criteria is pretty much the same, as long as we know

what we qualify for, its probably going to be the same. Solicitor

Solymos said a lot of municipal authorities now and municipal

governments now are getting into LERTA, which is something,

inter city types, rehabilitation, but I think that the law has been

handling, I’d ask you to look into that cause I want to research

how you get the money. LERTA is a funding for depressed areas,

areas that need rehab, and its amazing what areas need rehab.

Areas of Shrewsbury qualified for LERTA. I’m thinking of inner

city of Philadelphia when I’m thinking LERTA, I think Yoe would

be much closer than rural townships. Councilman Snyder said well

we’re classified as low income town, the whole town is, that’s why

we’ve got so many CDBG grants. Solicitor Solymos said I’m wondering

through LERTA can we get some money for this kind of project.

Councilman Myers said can you, now this is a dream, you know you

have a sewer authority, you have a Yoe Dallastown Water Authority,

can you have a road authority? Can a road authority tax, can a road

authority be set up like a sewer authority? Councilman Snyder said well

one, before Pete is going to have to research that, one of the things that

she told me, I said well if that’s the maximum that we can borrow,

what about questions about putting out bond, just trying to throw out

different ideas as to what is going to be in our best interest in how to

fund it. She actually gave me the phone number to legal department of

DCED and said to ask those types of questions into like putting out

a bond that probably get involved in creating an authority. Mr. Malesker

Solicitor’s Report(cont.) Page 9

said when you apply for that grant, they encourage you to create a

municipal type of board, whether a transportation authority,

whatever you want to follow. So you are keying with other

municipalities to apply for the grant. Councilman Snyder said

we’ll have enough to go for ourself. Mr. Malesker said right.

Solicitor Solymos said that’s something, that you can talk to

other municipalities, a regional authority is a point well taken.

Councilman Snyder said okay, so that’s the information that I

have. It was just brought up under solicitor because he would

be involved in that and it brings us to our next item which

we’re running a little late for.

Recessing the Current Meeting at 7:40PM

A motion was made by Councilman Noll to recess the current meeting at

7:40PM to open up a public hearing. The motion was seconded by

Councilman Howett. All in favor. Councilman Snyder said motion


Public Hearing for Ordinance 2009-05

Councilman Snyder said I’d like to open up the public hearing for Ordinance

2009-05. An ordinance fixing the mileage rate for the year 2010 for general

revenue purposes. So first before we actually do that, we have to pass the

2010 Yoe Borough Budget. So I know there was some discussion last month,

Seth, with what I found out for the street lighting stuff, you feel a lot better

knowing that option in mid year. Any other questions concerning the budget?

A motion was made by Councilman Allar to accept Yoe Borough 2010 Budget.

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

Snyder said budget’s accepted. In conjunction with that then, is there public

comment. Let the record reflect no public comment. Have any council comment

on the Ordinance 2009-5, fixing the mileage rate for 2010 for general revenue

purposes, 2.955 mills for general revenue, .103 for annual fire tax. Any

discussion. A motion was made by Councilman Howett to adopt Ordinance

2009-05. The motion was seconded by Councilman Noll. All in favor.

Councilman Snyder said so be it ordained.

Closing of Public Hearing and Restarting the Regular Meeting

A motion was made by Councilman Howett to close the public hearing and

to restart the regular meeting at 7:42PM. The motion was seconded by

Councilman Manns. All in favor. Councilman Snyder said hearing is adjourned.

Solicitor’s Report(cont.) Page 10

Councilman Snyder asked anything else for the solicitor? Mr. Malesker said actually

if you wouldn’t mind staying for this first part. Councilman Snyder said anything

else for the solicitor?

Park Councilman Noll said we had talked about the last time about when new

and houses are built in the borough, if park and rec fees could be charged?

Rec Councilman Snyder said didn’t I bring that up last time, no remembers

Fees me bring that up. Cause I thought, wasn’t sure if I brought it up when

you weren’t here or not. Basically before we can charge that, we need

to have a rec plan in place. We don’t have a rec plan. Councilman Noll

said what is the prerequisite for is there an outline for a rec plan. Councilman

Snyder said York County Planning is actually looking in on that, Terry

Ruby is looking in on that. She knows we are in the process of doing our

comprehensive plan that actually needs to be done first and then you can

incorporate rec plan into it. She’s trying to look at our 1964 comp plan to

see if that had enough in there but she said one of the criteria before you can

charge that rec fee, is that you need specific goals in mind for the red. Which

is why you need a rec plan. Like say you want to build a new building, and

then you are working towards that goal. Just because you have a rec plan,

that says you want to keep the parks in good working order, you just institute

the $1500.00 money. Like if we say we want to put in new park equipment,

okay, well it doesn’t say what type of equipment but if its part of our rec

plan then we could be charging the fee. Councilman Noll said its parking,

whatever else we need access too. Councilman Snyder said infrastructure

repairs, land acquisition. Councilman Noll said we need a rec plan first

before. Councilman Snyder said what she was actually looking at, and then

of course we came into the holidays, is to see if that met with our 1964 comp

plan which since I haven’t heard any phone calls back, I doubt if it did.

Councilman Noll said so in three to five years we might be able to do that.

Councilman Allar said if you want to put something together, I think last

month you volunteered. Councilman Noll said when you talked about rec,

I didn’t realize how it was all interrelated, I know what it is. Councilman

Allar said whatever get ready, I’ll incorporate it into the timeline. Councilman

Noll asked is that in the borough code anywhere, what a rec plan, where

you can find it. Mr. Malesker said I’m sure Teresa would be able to help.

Solicitor Solymos said she’d have forms of other rec plans. Be an example

somewhere, I don’t think you’d have guidance from the borough code other

than the extent of how you’re able to formulate such a plan. Councilman Noll

asked who is the person I need to contact? Councilman Snyder said Terry

Ruby. Mr. Malesker said her name is Teresa, but you can call her Terry.

Councilman Snyder said I’m not sure who she was having look over the old

comp plan, but she hasn’t got back to me yet saying that met criteria. But

if you have another question anyways, you can. Councilman Noll said I’m

Solicitor’s Report(cont.) Page 11

sure she has some kind of outline to give me. Councilman Allar said

you know how to keep our options open. Councilman Snyder asked

anything else for the solicitor?

Engineer’s Report

Flood Mr. Malesker said what I wanted to start out with, was the flood

Im- impoundment project. As you know, we had applied for a grant of

pound- $51,550.00 I believe through the Growing Greener. We had sent correspondence

ment to Wayne Lingle in September, we had asked if the funds were available,

Pro- he had said yes they were. And we said we didn’t have the permits, we told

ject him we were working on securing the permits. He said to forward those

once we get them. So now, last week we come to find that he said that,

that type of project is not eligible for the funding, the $51,000.00. So we’ve

been talking to Wayne, he said I need to talk to Jack Hill from DEP. And

we tried to call Jack Hill, he must have been out all last week, he hasn’t

answered any voice mail. He’s not in this week. He wants to talk to them.

Hopefully we can get this worked out, he knew all along the project at hand.

I know it was last year sometime it was changed from dredging to flood

impoundment restoration and that’s what they agreed would be funded. The

dredging was taken out of the project name and so, they had granted approval.

And now are saying, its ineligible. So hopefully we can get things worked out

with DEP, otherwise I’m not sure what recourse, if someone says, yes we

approve you for those funds, and then all of sudden says. Solicitor Solymos

said total immunity by any state employee, I don’t, any state employee or

agent on their interpretations. I have some reservations, but I could look into

it. Councilman Snyder said to complicate matters Steve, last month, we had

actually awarded contracts based on having the money. Mr. Malesker said

nothing has been signed yet. Councilman Snyder said it hasn’t been signed

but we accepted the low bid. Mr. Malekser said but you have ninety days to

act on that, so you have time. I think we can get it worked out, but. I don’t

know. Solicitor Solymos said once I get involved, even if I can win it, its

a few years down the road. Cause they’ll say no right from the get go, unless

its so clear that, they have to fund. We’d had to talk to someone in their

legal department. Mr. Malesker said it was approved by York County Planning,

it was approved by the Board of Commissioners, made the recommendations.

Solicitor Solymos said how bout I call you this week and you can give me

more information. Mr. Malesker said okay. Maybe Jack can talk to Wayne and

then Wayne will realize, okay this isn’t just a dredging project, its restoration

and then the sediment approval. Councilman Allar asked when you call up there,

did you get the feel that Jack is still on leave, I know he hasn’t gotten back to you.

Is he on vacation, do you know he’s actually there? Mr. Malesker said no.

Councilman Allar said you have to cross the secretary to find out. Mr. Malesker

said the secretary, you talk to her, leave the name, she doesn’t indicate that

Engineer’s Report Page 12

he is physically there or whatever. Councilman Allar said don’t make a

special call, but if you do again, just ask if he’s there. If he’s there and

not calling you back, that’s something serious. If he’s on vacation and

this other guy doesn’t know when he’s coming back, maybe its just

a misunderstanding. Mr. Malesker said which I hope I still wanted

everybody to know what was going on because potentially it’s a serious

issue. Councilman Allar said but they would have had time to talk,

if he was there, they would have talked. Mr. Malesker said and they’re

in the same building you know. Councilman Noll said do you have

anything in writing that says the money is there. Mr. Malesker said

there is approval from last year that York County Planning has.

Councilman Allar said the last time I met with Hill and Danko, out

there at that one sight, we shook hands and I asked specifically, I always

like to touch base on this two or three times. Yeah everything is fine,

just waiting for the Corps. We are already to go. Mr. Malesker said

and we have that with the Corps, and that’s when we sent that letter in

September and said Wayne, yes, we’re waiting . So I think, I think

Jack’s good for that, I think he’ll come through for us. Councilman Allar

said he could be overwhelmed. Councilman Noll said he could want to

go back and look back over it. Councilman Snyder asked anything on

that other $30,000.00? Mr. Malesker said no. We haven’t heard anything

on that? Councilman Allar asked when did you talk to Felicia? Mr. Malesker

said I talked to Felicia last week, there shouldn’t be a question on that

because that’s a separate issue. Councilman Allar said but she hasn’t said

the county has it, they still don’t have the $30,000.00 at this time? Mr. Malesker

said she hasn’t said that but she is the one that suggested that we make that

request. Councilman Allar said but at that time she didn’t know how much we

could get. Does she know that we need $30,000.00, but we only need $15,000.00

because I assume this is match, because that’s another thing to keep in mind

for the mitigation. Because even if we get Growing Greener, we still have to

match it, it’s a 50/50 match. If we get $30,000.00 we have to match the

$30,000.00. But we don’t need $60,000.00, we only need 15 to match that.

Mr. Malesker said what she had asked for was additional costs have incurred

since the original scope of the project. So that’s why, we brought that up,

what we receive for the mitigation plan and for the construction of the wetlands.

Councilman Allar said like you say, if we are lucky enough to get that, we

still have to match.

DCED Councilman Snyder said I just am to inform council, I did receive a notice

Grant from Representative Miller’s office that the $11,000.00 is not available.

from Its been pulled of the budget, while it was earmarked, it got lost in the

Rep. budget shuffle. He was holding off, there’s a House Bill, he said the number

Miller its like 1482 or something like that, that was supposedly going to try got

get some of this money back in with the DCED grant. That wasn’t placed

Engineer’s Report(cont.) Page 13

in. Councilman Allar said don’t lose contact, cause this is a pending bill.

Councilman Snyder said well he said he doesn’t even expect anything for

next year,the fiscal year. Councilman Allar said that would go a long way

for our match. Councilman Snyder said because I even had to call and

question, because its like, this was money for fiscal year 08-09 and that

was the cycle we were in. And I said shouldn’t that already been given

to you. He just sorta laughed, and said it got lost somewhere. So that

money is gone.

Councilman Snyder said along with that there was an email that came for

those who have email. There was an email that Seth got, a round about

way. Councilman Noll asked does Pete have our meeting dates? Councilman

Email Snyder asked are we getting you this time. Solicitor Solymos said I think

its you this time, I went to Hallam Borough last, I may go to both. Hallam

Borough has been very quiet. Councilman Snyder said this was a round

about way that this came to us. Evidently Gary Peacock from York County

has a project going with York Township, Rob Miller. Rob Miller was nice

enough to send it along to Seth because he knew about our wetlands going on

down there. Seth forwarded it along to Steve and myself and I guess here

at the office. And just thought it was good information to have. I contacted

Gary back. To say hey, wait minute what about us. I don’t want to rain on

your parade but, if this is a grant here, to see if we would qualify for it. Gary

actually got back to me yesterday, very short, quick email, yes your project

would qualify, here’s the information. I forwarded that quickly to Steve, that

was late yesterday, there is two Grant opportunities. One is this National

Grant Fish and Wildlife Foundation and the other one is the Funding for Environmental

Oppor- Efforts Focused on Delaware and Susquehanna River Watersheds. Both are for

tunities restoration of wetlands and they’re looking for small projects, $10,000.00,

$20,000.00. So we fit right it that. Steve, I will now turn it over to you, to find

out what you find and is it a cost effective for us to yeah and go ahead and

apply for the money or not. I mean if he comes back and says its going to

be $1500.00 to do the application. Mr. Malesker said on the Fisheries and Head-

waters Grant Program, I don’t think that’s going to work. Because they have

for the project type, under the sports fish restoration tract, they did have wetland

creation and improvement although that is only in Delaware. So I don’t

think that would work but the other two, the Five Star Restoration Program and

the Cora L. Brooks Foundation, are grants are possibilities. Neither one of them

would take whole lot of time. I was actually thinking that Jake in his position,

maybe be able to do this for free, apply for these grants, with competitive

watershed. Councilman Allar asked what are the deadlines? Mr. Malesker said

for the Five Star is. Councilman Snyder said looks like December 18th. Mr.

Malesker said the Five Star is January. Councilman Snyder said 11th, I see

one of them is January 11,2010. Mr. Malesker said this one for the Cora L.

Brooks Foundation, you have to contact the Foundation no later than December

Engineer’s Report(cont.) Page 14

18th by email or phone to request an application check list. So, if you contact

them for checklist, then you don’t need to submit until actually January 10 for

that one. You contact them by December 18th, they send you the checklist of

the items you need to submit and they call this one, anonymous grant. Although

this is for not for profit organization as determined by IRS Tax Code 501C3.

Which I don’t know if the borough qualifies for that but I think the Codorus

Watershed would, the program that Jake works for. Councilman Allar asked,

Steve can you email all that to Jake and I’ll follow up. Mr. Malesker said

sure and then the other one, called the Five Star Restoration Program. Its

called Five Stars because partnerships can include at least five organizations

that contribute to the projects success through funding land or technical support

and/or in kind services. So the local governments, would be part of that, York

Township would be part of that, Yoe Borough, I don’t know if York Township

Rec Board would be, I think the Mill Creek Preservation whatever that’s called,

that’s part of the rec board. And then Jake’s group and then any local

environmental consultants, ecologists. Councilman Allar said however with

CDBG, personal problems with going after the money for the project. Mr.

Malesker said what he does for, for the Foundation, is separate from his

construction company. Councilman Allar said I understand, he doesn’t want

to raise a challenge. Councilman Myers said Aquatic Research does that too,

bid on them. Councilman Snyder said since these deadlines are looming. Mr.

Malesker said I can send Jake an email tomorrow. We are trying to set up a

meeting anyway to talk about the mitigation plan. Councilman Allar said you

were going to meet on Monday. Mr. Malesker said well we sent Jake an email,

he said last week was shot, possibly Monday of this week but he came back

and he couldn’t this week, he is booked this week too. So we’re trying to

coordinate a date, get something early next week. I imagine he’s probably

familiar with these two anyways. Councilman Snyder said but if not, I’m

trying we’re looking at a tight deadline. Mr. Malesker said the other one all

you have to do is request the check list. So I can easily do that. Councilman

Snyder that’s what I was going to say, I want to get a motion here, that in the

event this falls through that Jake doesn’t want to do this, you said it was

probably going to be minimal, what do estimate, and I know we can’t hold

it to it. Mr. Malesker said I don’t know what the check list is for this, because

you have to request it. I agree that Jake would be able to do both of these as

part of his foundation. Councilman Snyder said that’s what I wanted to make

clear with council, get a motion going now, $500.00 each is what you estimate,

understand that it is just a rough estimate so if we see a bill for $750.00 don’t

be surprised. I literally just sent this to him like at 4:30 PM yesterday because

that’s when I got it from Gary. He just looked at, he probably looked at it last

night on your own time, so I behalf of the borough I do appreciate that and

recognize that you did look over this on your own time. Understand that if

your estimate to fill it out is wrong, that’s totally understandable. Get a motion

to have him do it in the event that Jake can’t, we’re working on a tight deadline

Engineer’s Report(cont.) Page 15

here, that if for some reason Jake says look I have given enough free gratis

to Yoe, whatever reason. I know you’ve been pounding him pretty heavy

too. Councilman Allar said he saves us a lot. Councilman Snyder said yeah,

that’s what I’m saying, he may say, I may have enough time invested in

this, I can’t. Then we can fall back on the motion as long as Steve knows

about it, get this rolling and try to meet these two deadlines. Especially

with losing Ron Miller’s money now, I do see that they are giving grants

in one to fifteen thousand, Hey even five thousand dollars right now is

worth it. Mr. Malesker asked does the borough qualify as a not for profit

organization. Councilman Snyder said we are. Councilman Noll said we

don’t have 3C status. Mr. Malesker said so you may not be eligible for

the Cora Brooks Foundation. Jake’s company would be. Councilman Snyder

said and that’s what you could find out, if he doesn’t want to do, if he

can’t do the application for it because of his other work, maybe we could

put it through his name. You apply for it. That you could work out with him.

I just want the motion that if he can’t get these grant requests in line and

you know about it, you follow up on it. A motion was made by Councilman

Noll that Steve check into both grants, and try to Jake Romig to fill out

the grants if willing and able, but if Steve needs to do it, to spend an

estimated $500.00 for each grant application, make arrangements to get

the grants applied for. The motion was seconded by Councilman Allar.

All in favor. Councilman Snyder said motion carried. Councilman Myers

said maybe what you could, I would have to talk to the fire department,

we are a 3C, if it doesn’t cost Yoe Fire Company nothing, use our name

and you guys do the work. It would be like. Mr. Malesker asked what

would the fire company’s part be, would they assist with manpower or.

Councilman Myers said we would assist with our name and our 3C,

you guys Yoe Borough would have to do it. It would be just like, Isaac

Walton, they did that for years, all they did was use their name. Councilman

Snyder said you know what the reason would be, this is relocating

wetlands from upstream dam, that is in need of dredging and reconditioning,

if that dam is not reconditioned, it would impede the fire department if

it would fail therefore it is in the best interest of the fire department to

see that the upstream dam is redesigned and the wetlands moved elsewhere.

Councilman Myers said as long as it doesn’t cost Yoe Fire Company anything.

Councilman Snyder said motion was carried. Seth, the next time you see Rob

Miller, thank him, its good information, we would have never known about it.

Councilman Noll said that’s why I say, its always good to keep in contact

with the bigger municipalities. Councilman Snyder said this was, especially

evidently Gary’s working on something with these people. Now we’re going

to be, he is recommending they apply for it. So we’re going to be in competition

so to speak with them. So thank them on our behalf, that was good information.

Gary was a pretty short and sweet. Councilman Myers asked so I should bring

this up to the fire company board and stuff. Mr. Malesker said yes. Councilman

Engineer’s Report(cont.) Page 16

Snyder said just in case. Mr. Malesker said since we have a tight deadline,

it wouldn’t hurt to have a plan B. Councilman Snyder said and thank you

for looking over that last night. That was really a big help. If you saw

the date, I was waiting on a response from him for a week and a half.

And he waited until the day before the council meeting. I appreciate

that. Mr. Malesker said no problem. Back to the flood impoundment

restoration. The contract documents have not been executed yet so

we’ll just hang on to those. The borough has ninety days to act. Hopefully

we’ll get that worked out and then if we do in the next week I can just

bring the documents, its already been awarded, the borough already

awarded it, so you don’t need to a motion to sign the contracts or anything,

I could bring those down and they could be signed and then work out

a notice to proceed date. Set up a preconstruction conference and get that

started. Councilman Allar said did you work out that insurance issue?

Mr. Malesker said their insurance, they resubmitted their certificate of

insurance and it has been approved so. Councilman Allar asked let me

know when those meetings are. Mr. Malesker said sure. I know Tom

wants to be aware, be invited to the preconstruction meeting. I would

send it to you and Dana, I have Seth’s email and Tom. Mr. Shearer

said you may want to invite Rob Miller. Councilman Noll said get

York Township involved. Mr. Malesker said as far as the dump site,

I never got a call from the guy from Red Lion. Councilman Allar said

yeah. Mr. Malesker said I guess he had told Jeff that it was too much

for them to do. Councilman Allar said in the interest to try and save

money, I had talked to the Rec Director a long time ago. He has

about thirty teams who play and they have tournaments, have parents

that have their own construction companies. He had told me at one,

that they could, they would know what they were doing and would

be take care of the E & S, taking it out and so forth. The Red Lion

Council went ahead and passed a motion that we would do that, in

the contract because the rec association is not talking to the council

at this point. I went back and confirmed with the red and he said yeah

they’ll do that and talk to council. They were willing to go back and

change the motion and then what, the rec guy contacted his best

contractor who happens to be on a three week hunting trip. And he

can’t deal with by the time he gets back. We were going to see a savings

of at least 3, 4 thousand dollars. Mr. Malesker said we haven’t seen the

schedule of values that have been put. Councilman Allar said we could

have had the rec association put a thousand in, saved by using the contractor,

but it didn’t work out. Mr. Malesker said if the project’s delayed. Councilman

Allar said I didn’t get the date when the guy’s coming back. He is not

going to make that commitment on the telephone. Mr. Malesker alright.

On that same project, you asked me to put out a scope of work for the remaining

engineering that is going to be required for that project so, attached to the

Engineer’s Report(cont.) Page 17

engineer’s report then, are all the tasks associated and on the flip side of that,

is the cost associated with each task. So there is a written scope there of what

we’d be providing for construction survey, stack out, contract admin, as built,

project representations and construction impact inspection. And I estimated,

I guessed it would be around $10,000.00 that’s where we are at $10,125.00 so.

Councilman Snyder said at least now we know, we can start separating the two

projects out when it comes to the wetlands and when it comes to the dam project,

impoundment project because its starting to get too convoluted, now we know we

have a $93,000.00 contract, expect $10,000.00 in engineering now we have the

exact figures and we can go from there. Mr. Malesker said a couple months ago,

I gave you a similar wetland mitigation plan. Councilman Snyder said that’s the

$30,000.00 figure. Mr. Malesker said that was an estimate for the construction

for that. Councilman Snyder said I think that was that month that I was not here.

Mr. Malesker said the separate engineering costs were broken down for all that

so, so we should have a pretty clear scope and project for all that. If you have any

questions on any of the scope please let me know.

Park Mr. Malesker said first thing I want to talk about is, Legend Construction has

asked for an extension of their contract time, the reason that they have asked for

that, is they say they’ve been delayed due to the playground equipment delay.

Playground installation was scheduled for November 2nd, and due to no fault

by Legend the installation didn’t take place until November 16th. They also

have experienced nine days of rain exceeding 4/10 of an inch in October and

November. So they want, the contract is set up that there’s liquid damages of

$500.00 a day for each day they’re beyond the contract time. With their six

day extension, the contract time goes to 12/28/09 initially it was December 22.

Until the end of the contract. He’s hoping that he doesn’t need that, but he

wanted to give himself a buffer. Councilman Noll said we actually told him that

now would be the time to ask for extension because we won’t have another

council meeting until the end of the year. We talked about it, I don’t feel that’s

it’s a problem, he knows it has to be done by the end of the year. He’d like that

cushion. Mr. Malesker said he’s worried about that $500.00 a day. We set that

up. Councilman Noll said it got his attention. Councilman Snyder said we’d

be losing the DCNR grant. Mr. Malesker said we’re not asking for the additional

money just asking for the change from December 22 for substantial completion

until December 28th, which still be in accordance with the DCNR specs.

Councilman Snyder said which actually I’m surprised he went for that, because

you have December 24th and December 25th in there the holidays and probably

right after that you have a weekend. Mr. Malesker said well actually what he

had thought. He had asked for thirteen days, what we had in our records as

far as when the contract runs as started, we have the wheel that we use for the

dates, we had December 22nd as the last date. He was must have been thinking

that it was. Councilman Noll said he thought it was that December 15. So really

we are not giving him much. Mr. Malesker said six days. A motion was made by

Engineer’s Report(cont.) Page 18

Councilman Howett to grant Legend Construction the extension. The motion

was seconded by Councilman Myers. All in favor. Councilman Snyder

said motion carried. Councilman Allar said are things moving along, are

all the bills in. Mr. Malesker said we talked about last month, we got the

letter about getting an extension on the DCNR grant itself. When I talked

to Lori about scheduling the final meeting, I said we’re going ask for

an additional thirty days. Don’t bother. Its got to be spent by December 31st.

She said if you run into problems, middle of December talk to Beth and we

can work something out, but don’t ask for the extension because it won’t

be granted at this time. So I didn’t even bother spending the effort to send

that in. We do have the final inspection still set for December 17th, which

Mitch is still planning on meeting. He doesn’t have to have the entire sight

done, he has to have the handicap parking, needs to be done, the signs need

to put up, playground equipment needs to be put in, the equipment should

be done this week. Councilman Noll said I hadn’t been up since Thanksgiving.

Mr. Shearer said they have everything mulched in, they put the boards in.

The only thing that they have left to install up in that area, is the three

barbeque grills, and then they have to put in the basketball net. They’re pretty

done with the landscaping. Councilman Noll said the bathrooms are close.

Mr. Shearer said the new doors are on, the drain pipes are in, the floors are

patched, plumbing is run, need to put in all fixtures, the metal roof is on, on

top of the barbeque pit, the water line is run. Councilman Noll said the coating

has been put on the old roof. Mr. Malesker asked are all the temperature sensitive

things taken care of, besides the staining. Mr. Shearer said yes. Councilman Noll

said I think everything else worked out, there was a permit issue with having

to do with the transition between the inside dining area and outside. We redid

the prints. We redid what Code Administrators wanted. That was taken care of.

Then Code Administrators in the interest of helping the borough, decided to give

us a violation notice so there was not a permit issued for the installation of the

playground equipment. What were doing is, we’re going to do that as a municipal

permit, a zoning permit because the way the state law is written under Chapter

403, they are not exempted from the permit, residential are exempted, the building

code doesn’t recognize any building inspection standard for playground

equipment. So it can be done under a zoning permit, which I’ve been checking,

Dan’s been checking, Steve’s been checking so really it comes down to the

borough, the borough can issue itself a permit to do the work. We’ll do that.

And they don’t need to be involved in it. That is all worked out. Suppose to pave

Friday, this Friday. Mr. Shearer said it really depends on the playground guys

getting out of the way. Regrade everything, to do the pave. Councilman Noll said

it’s a little sloppy right now but its coming together. Clipping of paths. Mr.

Shearer said the roads that they have cut in and stoned, Legend had cut in and

stoned, the playground guys dumped three tractor trailer loads of mulch in so they

had to come and recut the roads and do some other things. They were setting the

light pole today. Councimlan Noll said my opinion is that Legend has done a

Engineer’s Report(cont.) Page 19

great job, playground people, the installation the workmanship I would

say was good, the timing was bad. They are not team players, they are

on a state contract. There is nothing wrong with the work. Things have

been rolling with the interior, the cabinets should be coming in a couple

of days. Councilman Allar said Steve again the deadline for the payment,

how does that work? Do they have to have the bill up in Harrisburg.

The secretary said we got a check yesterday for $63,000.00, I will be

paying some to George Ely. Mr. Malesker said the costs need to be

incurred so. If the playground equipment is in, that’s the grant was

for $70,000.00 from DCNR. The playground equipment was around

60 and then we have any of the other items that we can apply for that

too. Councilman Allar asked the contract can go past, Sandy will

get the DCNR. Mr. Malesker said its cleaner, if we get the entire

thing wrapped up, substantial completion date before January 1st.

Councilman Noll said it looks for any kind of accounting work until

end of year, still be billed at the end of the year. Councilman Allar asked

how are you doing? The secretary said I just deposited the check into the

general checking account and I just got a bill. He gave me the first bill for

$27,717. 00, I’ll be sending that check tomorrow. You’ll let me know

when other bills come in. Mr. Malesker said that was just for the equipment

right? No mobilization. The secretary said three equipment systems. You

said this is the past due one, pay this right away. Mr. Malesker said we knew

it was going to take some time to get the check from DCNR, because initially

they had said, they were going to write it all at once, then we had to prove

expenditures of $140,000.00 so we had to send a bunch of paperwork, then

they approved that, then sent the check. In the meantime we talked to George

Ely Construction about it might be, we had to order the equipment to make

sure it was here on time. So we took care making sure that was ordered. They

said we will work with you on that invoice, then they said it past due. The

secretary asked what will be my next bill after this? Mr. Malesker said it

will be the remainder, the installation fees. The secretary said and they

know to get that here ASAP. Mr. Malesker said they should. The secretary

said I’m not worried about them I’m worried about DCNR. Councilman Myers

said I know George Ely, you want me to call him. The secretary said it might

be good to let him know we need to pay everything by December 31st. Mr.

Malesker said if they are going to wrap it up this week, they should be sending

the invoice. I would think you would get the invoice next week. Councilman

Myers said I’ll find out. Councilman Allar asked and everything has been

paid through CDBG? The secretary said I’m getting it to York County Planning,

they are then holding the ball. Mr. Malesker said Joiann had said she’s not going

to process anything after December 18th, it will be January 4th until anything

will be processed. The secretary said the DCED account was closed out today.

The one for the engineering, bill to paid to C. S. Davidson will be paid tomorrow.

All I have to wait for the bank statement for December. Then I can do close out

Engineer’s Report(cont.) Page 20

report. Councilman Noll said when we set a date for the dedication, we can

send notes around. Councilman Allar said I know we sent a thank you to Mike

Waugh, I least I think we did. Councilman Snyder said back when. Councilman

Allar said he needs to be invited. Mr. Malesker said the last thing I need is

approval for payment of Application Number 3 in the amount of $31079.25.

A motion was made by Councilman Noll to approve for payment Application

Number 3 in the amount of $31079.25. The motion was seconded by Councilman

Allar. All in favor. Councilman Snyder said motion carried. Mr. Malesker said

get this to CDBG, I have a copy for you and then get me a copy of the first page.

The secretary said what bill will be used to make the difference for the $70,000.00

for DCNR until the end of the year. If you are telling. Didn’t you say that the

playground equipment is around $60,000.00 and we’re suppose to be getting

$70,000.00 from DCNR. Mr. Malesker said and you have $63,000.00 already.

The secretary said the $3000.00 difference, what bill is going to be used to cover

that? Mr. Malesker said it will come out of something that will come from

Legend. The secretary said and that will be in to me by the end of the year.

Mr. Malesker said he’ll do another application, his final. The secretary said

how will we get that other $7000.00 from DCNR. Mr. Malesker said they

will be sending that, I don’t know how long they will wait, we have to be

done, I would think that would be coming anytime. We proved $140,000.00

expenditure that they had asked for. So if they processed that one October 29th.

Councilman Snyder said I think they already saw that we spent the $70,000.00,

which is why they need to see we spent the $140,000.00, they’re probably

waiting for that walk through, finish walk through and then they’re process

the other $7000.00. Mr. Malesker said and that is scheduled for December

17th so after that will be issued which shouldn’t be a problem, he won’t

issue his application for payment that will probably through the end of

the project but not beyond December 31st. You should have that money by

then even if it’s the first week of January, you should have that money by

then. Councilman Noll said he will have his final application for payment.

The secretary asked will that be for CDBG then? Mr. Malesker said its

going to be the same, the final application. The secretary said I don’t have

to have his bills paid by December 31st, my check doesn’t have to say Dec.

31st. Mr. Malesker said not if they don’t get you that check, the costs have

to be incurred. The secretary said I just want to make sure. Mr. Malesker

said as long as the costs have been incurred, the paid period would be

December 1 through December 27th, then you pay him January 2nd.

The secretary asked you are going to get the next bill from George Ely

because this is made out to C. S. Davidson? Mr. Malesker said right.

They should be sending it to you. The secretary said I’m going to contact

you and you will have the bill for Legend for the difference. Mr. Malesker

said yes. The secretary said I just want it in my head right. Mr. Malesker

said so when you have it in your ledger for the $70,000.00, you’ll just

be substracting. You’ll see items on Legends schedule for values, we’ll

Engineer’s Report(cont.) Page 21

pick whatever items are DCNR eligible just call it up by item number

that add up. The secretary said I just wanted to make sure, thanks.

Inun- Mr. Malesker said I did want to talk about the inundation map. We

dation did get the dam breech analysis from Holley Associates, it’s a two page

Map thing, it’s a very generalized analysis. I talked to Dennis, then he sent

me the title page with his seal on it. So we’re going to use that as a stand

alone document for the Emergency Action Plan. Then use, the elevation

that they got for the breech, use that to create the inundation map that

they’re asking for, that has topography on it. The one that Holley and

Associates developed, the original one, did not have topography and

that’s what DEP is saying. We need to show the topography. We can

create that inundation map for $375.00 based on the dam breech analysis.

Mayor Sanford said we have to do it. Councilman Snyder said I don’t

see any way around it. A motion was made by Councilman Allar for

C. S. Davidson to prepare the inundation map. The motion was seconded

by Councilman Howett. All in favor. Councilman Snyder said motion

carried. Mayor Sanford asked when can I expect that? Mr. Malesker said

we can get started on that next week.

Yearly Mr. Malesker said we did the inspection, we’re still working on the report.

Dam. We can send that up at the same time that we send the inspection report.

Inspect The inspection report is due by December 31st. It will be definitely be

Report ready to be sent then. Mayor Sanford said I’ll make sure that all the other

documents are ready and to your office. Mr. Malesker asked do we need

to do the original signatures from the ones that signed that? Mayor Sanford

said they cut down on the signatures. Couple here, Kay Carman from EMA

send it to me to get signatures. Mr. Malesker said I think you have word

document right. Is that something you can do now? Mayor Sanford said

maybe, I’m not sure if Kay will sign off on it, she may,I’ll try. I’ll make

a phone call. Mr. Malesker said once we have that complete I can drop

that off, everything off, with a blank signature page and you can route it

for signatures and get it back to me and then I’ll submit it. Mayor Sanford

said at the most she would be the hold up, I don’t think there is a lot people

that need to sign off. Mr. Malesker said I know Barry signed the last one.

Mayor Sanford said some of them, they cut a lot of them out. Mr. Malesker

said its not my dam breech analysis, its Holley. I have to seal the inundation

map, that’s just record. The dam breech analysis doesn’t account for any

of the bridges or anything. Mayor Sanford said I’ll email you. Councilman

Snyder said but you can still get working on the map. Mr. Malesker said

that’s all I got.

Video Mr. Shearer said the video survey of the sewer lines up at the dam was completed

Survey by York Township. There were no areas of concern noted. They had an area of

Engineer’s Report(cont.) Page 22

inflow on their one manhole back on the south side on the line coming

down from Dallastown, that they had issues with before that they got

repaired. But as far as the lines look under the dam, under the basin and

along that edge, everything looks good so far. Mr. Malesker asked do

you have a copy of that video? Mr. Shearer said they have not gotten

me a copy of that, yet, but Bob did say that they’re going to give us a copy for our records. Mr. Malesker said okay. Mr. Shearer said they

are going to do another one with the project.

Mr. Shearer said we did get started on 147 S. Main Street. We took the

147 S. fish tape and put that up the drain line so we could put a locator on that.

Main St. And we were able to trace it to, up to the neighboring property on the

Dallastown side of the Johnsons property. We located the line and hand

dug a hole down to locate the pipe in the area of the camera. We put

the camera up, measured it out with the fish tape, we’re in the ballpark

area of where that collapse is in the joint there. I have a mini tract hoe

scheduled for tomorrow. We want to excavate that area, fix that, so

we can camera that and see how just far it goes, where it goes, what

there is into it. It looks like at this time, that our location is correct

beyond that point, this isn’t occurring on the Johnsons property or

at least not coming from their house so. I don’t know what we’ll do

from that point, as far as I’m concerned we pretty much tell PENN

DOT, we feel its not the Johnsons problem, they need to find out

where its coming from. Mr. Malesker said I did talk to Teli today,

he mentioned that, it looks like, there’s a wire it looks like its coming

from that house. Mr. Shearer said we were getting some signals that

made the appearance of another possible wide connection. It was

kind of wet that day, and with the water flowing, if it was a good signal.

We’re pretty sure we were going straight in, it almost looks like its

coming from the side of the neighboring house. There again I don’t

know if its something with a spring and its piped through, you know,

a hundred years ago and that’s the route it took across that property.

Daylight’s down there at the corner of Newton. That’s why we want

to camera it, just too see, what kind of connections are in, and where

the flow is coming from. Mr. Malesker said and if we can’t redirect

the flow. Mr. Shearer said get that fixed and take another video of it,

then we can download that, then we have something to go back to

PENN DOT and say, this is where we think it is, here’s the video of

it. Councilman Snyder said what I also reminded Dana, and we said

we want to be careful on how far we take this, this is in response to

PENN DOT’s assertion to the Johnsons that they’re illegally discharging

onto a street. As I pointed out to Dana, I said just because that pipe

goes to the neighbor’s property, once you’re at that property line,

I said, we should stop. Mr. Malesker said technically. Councilman

Engineer’s Report(cont.) Page 23

Snyder said because really at that point, I don’t want to be saying,

its coming from the neighbor, because at that point, we don’t

know where its coming from. Just like as in my instance, I mean

I know that the creek that’s running under my house, is running

under my neighbor’s house and running underneath that neighbor’s

house, whose to say that, that pipe doesn’t proceed back to my

house. Exactly. To try to point, I don’t want to sic PENN DOT just

on the neighbor. And that point we say, that we identified that its

not coming from the Johnsons, its coming up stream somewhere

and leave it at that. Let them try to determine where the point of

origin is. Again I think this is all waters of the Commonwealth, and

I think they need to deal with it. Mr. Shearer said and rightfully we

only have a temporary easement from the Johnsons. Mr. Malesker

said right. Councilman Myers said they’re still going to say its coming

off their property, Yoe Borough what are you going to do about it.

Mr. Malesker said Chris Leiphart, when I had asked for the extension,

which they granted, he did called me and followed up, like he said

he was going to which doesn’t usually happen. And then he said

he was going to call me in two weeks again. Councilman Snyder said

it would be interesting how they could come back on the Johnsons

and they say its coming from upstream. Mr. Malesker said if its beyond

their property. Councilman Snyder said and it shouldn’t be our

responsibility to tell PENN DOT to tell them who they should be

going after, I mean at that point, all we need to do, the water is being

generated off their property, like a natural creek would. Go find it.

If they want to find it. It could be coming from up as far as, Seth’s

house. Who knows where its coming from. Councilman Allar said

looking at it as holding us responsible, if it’s a responsibility of

a home owner or a particular group of home owners, then its our

problem. The agency of first relief is PENN DOT. Councilman Snyder

said that’s fine, we said before that we were planning on taking care

of this with our storm water project anyways. They’re the ones that

wanted something done in a month. I mean if they want us to handle it,

yeah we’ll take care of it when we do this other big project. Mr. Malekser

said we tried to get it taken care of, when they paved. Councilman Snyder

said yeah and they didn’t want to hear anything of it. So if they want us

to do it, we’ll do it in our good time. Councilman Allar said I don’t

think its going be any issue as to the time of doing. Mayor Sanford asked

if there is any dialogue on that conversation with them during the project.

Mr. Malesker said when Jason was still here, he was talking to LaConie

Jackson about it. They did the walk down, when they did the walk down,

it wasn’t full it was dry. So it wasn’t an issue. It was dry, it wasn’t

flowing at the time so. Just so happened that. Mr. Shearer said I was

there that day. Councilman Snyder said the interesting part about it was,

Engineer’s Report(cont.) Page 24

when we tried to get it taken care of it when they were doing the paving

work. PENN DOT admitted they were the ones that made the illegal

connection into the sewer lines. They said that they did that when they

paved back in the eighties. Councilman Allar said that’s what I say,

who was there, and what the date was. Councilman Snyder said Dana

was there. Mr. Shearer said one of the guys that worked for McMinns,

if I remember correctly, he had said that they had put that into that,

but Mark Clark told me at that no time was that ever piped into that

system. Their video did not come up with that. Councilman Snyder

said because it was dry at the time. Mr. Shearer said there again.

Councilman Snyder said when they had that collapse there, that’s how

this whole thing started with the water authority, they found it was

connected into the sewer lateral there and they made them pipe it out.

So that then that created this new pipe, as where it is now. When they

had that whole sewer lateral issue. Mr. Shearer said the sewer lateral

issue is the creek. Councilman Snyder said yeah, but when they dug

that up they found this pipe, this illegal connection and they said you

can’t have that, and they piped it to where it is now. So yes it was into

their sewer lateral. And that’s what. Mr. Shearer said I don’t believe

they said it was piped in, because the pipe the terra cotta pipe ran out,

to basically where its running now. It was, that pipe was over top of

the sewer lateral. Mayor Sanford said that would be different if they

just replaced the pipe rather than re-piping it, redirecting it. Councilman

Allar said its only been a month or so since the conversion, got to

remember the issues. Councilman Snyder said we want to be careful

what we say. Its coming in at their property line at this point. Mr.

Malesker said I agree, the easement agreement was for the Johnsons,

we don’t have any right to access anywhere else. Councilman Snyder

said at that point, let PENN DOT say, we can prove that its coming

off, its entering their property here and exiting property here, its not

being discharged from the Johnsons. Their letter was you’re in violation

of discharging. If we can prove that its entering your property here and

exiting there, there’s not ones discharging, case closed. If they want

to follow it further that’s PENN DOT. Mr. Malesker said just go to the

next property owner. Councilman Snyder said I’m sure they will, I don’t

want to be the one pointing the finger,cause we don’t know where its

coming from. There’s a creek running there. Mr. Malesker said if you

were able to camera it all the way up and found the source, and we could

easily redirect it then that would solve the problem. Councilman Snyder

said we are willing to do that, as part of this project. That is the whole

point we don’t want to piece meal. Councilman Allar said when you do

the survey, you’ll going to get the information. Find out if it is or

isn’t connected. Councilman Snyder asked anything else for the engineer?

Maintenance Report Page 25

Leaf Mr. Shearer reported we finished leaf pick up. I did notice that there are some

Pick piles out and about. I received no calls on them. They appeared after the

up Thanksgiving holiday. Our last scheduled pick up was advertised for the

eighteenth. There was piles out that following weekend. Dallastown did come

down and pick those piles up. So I haven’t had a chance to talk to Teli but

my understanding from last week, he was pretty well done in town up there.

And he’s getting the box off the truck so. If people call and complain about the

piles and its around the ARD time we’ll go out and put them on the truck and

haul them away for them. Other than that, it went pretty well.

Winter Mr. Shearer said working getting stuff ready hope to have the spreader on the

truck by this weekend before we get that big snow. Mayor Sanford can you

make a determination with Dallastown that they can schedule if not I suggest

we contact the property owners that there is a chance that we aren’t going

to get them. If it snows on them, then they shovel them, you are not going

to know where they are. Pretty good one in the 300 block, 200 block. Mr.

Shearer said we picked up twice already. One across the street and another

small piles up on W. High. Mayor Sanford said I think they should know

one way or the other, if they missed the deadline then fine, tell them clean

them up before we have to deal with them when we plow. You know what

its like to hit a pile of leaves. That is just my opinion. Mr. Shearer said

as far that goes, we can make a point to pick them up. Councilman Snyder

said use your good judgment, check with Dallastown see if they are going

to make another pick up, if not, check with ARD, see when you have ARD

scheduled to pick them up and you know the weather reports. If its all coming

in conjunction that its not going to happen before a big snowfall then you give

them notice, sorry you missed it. Mayor Sanford said maybe you can deal with

Red Lion, its only going to take what an hour. Mr. Shearer said I could find

out if they still have it on. Mayor Sanford said they might. Mr. Shearer said

they were trying to pick up this week. Made a determination when he was

going to finish. Mr. Shearer said leaves are one of those things, you never

know. Councilman Snyder said use your judgment.

Snow Councilman Snyder said speaking of snow and snow removal, did we

Remo- get all the information? Mr. Shearer said I’ve got Rick’s stuff, talked to

val him go over everything. I didn’t get a chance to talk to Scott yet. The

Per- secretary said I have Rick’s information. The only thing I need from you

sonnel is to set an hourly wage. Not last month, but the month before, there was

no official motion on what you were going to pay your temporary snow

removal help. At the time, I talked to Sam, you talked about paying the

persons $15.00 an hour but Dana wasn’t making $15.00 an hour. The thing

kind of dropped, Dana now makes $15.00 an hour. That is the only thing

I need, to know how much you’re going to pay them. Councilman Myers

said I think $13.00 to $14.00 an hour is good enough. A motion was made

Maintenance Report(cont.) Page 26

by Councilman Noll to see set the range for part time seasonal help

for snow removal at $13.00 an hour. The motion was seconded by

Councilman Allar. All in favor. Councilman Snyder said motion

carried. The secretary said thank you. Councilman Snyder said

what information do you need from Mr. Henry? The secretary said

I need his W 4 and a copy of his driver’s license. Councilman Snyder

said let the record reflect that he can not get on any borough equipment

until that information is obtained, liability wise we can’t have some.

The secretary said Rick Searle’s copy of his license has been faxed

to Kocman and he’s okay. He is the only one that can touch a piece

of equipment. Councilman Snyder said do we want a drop dead date

for him to submit this to the borough, we have to have that set into

911. The secretary said I already sent it in. Councilman Snyder said

we’d have to make a revision real soon if we don’t get this in. I mean.

You want to give it to the end of the month, I was going to say to

the fifteenth, if he can’t get it to us by the fifteenth then he doesn’t

want it that bad. The secretary said so the next day I work after the

fifteenth I take his name off and send in the revision. Councilman

Snyder said take his name off, we don’t use him. The secretary said

okay. Anything else for maintenance?

Zoning Officer’s Report

Councilman Snyder said there is a report in October in there. Dan suffered

some physical set backs, some health problems. Keep him in your thoughts

and prayers. He is back on the job as of yesterday. He’s going to have

a lot more coming in the future, this is a slow time, he did not have any

report for this month or bill. He said he would get that to us. Councilman

Allar said he’s the acting manager at Red Lion. Councilman Snyder said

he has to get himself healthy, hence the late reports and why we don’t have

them but he is suffering from health problems. So if there is nothing for


Emergency Management Report

Mayor Sanford reported a copy of the county’s bill for the radios was given to

myself and Sam. I checked the figures are correct and its going to be paid soon.

Just for a matter of record. Councilman Snyder asked who has the radios. Mayor

Sanford said I have one and Rodney Smith has one. Councilman Snyder said

anything else for EMA? Other that what we had for the solicitor, which had to

do with EAP.

Mayor and Police Report Page 27

Letter Mayor Sanford said a copy of the letter that I sent Ginny Knier is in the

file. Sorry that was a little late. I did have a conversation and followed up

with a letter regarding the conversation. She was okay with that. She did

indicate during our conversation that she was getting some feed back

from some neighbors when her folks parked on Maple Street. I also

referenced in the letter that when happens again let us know and we

can follow up on that. Councilman Snyder said that’s public parking

there. Mr. Shearer said I expressed that too.

Sheriff Mayor Sanford said I noticed in the minutes that there was to be a letter

Dept. sent to the Sheriff’s Department. Was that to be done by me or has that

been completed? Mr. Shearer said yes that needs to be do that. Mayor

Sanford said I can do that, I wasn’t aware of it, I’ll get with you and

get some detail.

Comp Mayor Sanford said Tom, the comprehensive plan results, where can I

Plan see those? Councilman Allar are you talking about the survey, that’s

not put together yet, I’m still getting some of the surveys. I’ll have that

that put together in mid December. Mayor Sanford said it doesn’t

have to be a total number, curiosity. Councilman Allar said taxes,

traffic. Mayor Sanford said a couple of the hot topics, okay. Councilman

Allar said we had a very good meeting up there. Seventy or so people

showed up. About ten from Yoe. Mayor Sanford said is there anything

that really jumped off the page as far as complaints. Councilman Allar

said merging all three municipalities together, I know a few people

from Yoe felt very strongly about that. I did receive about having

three maintenance departments so, and all have the same kind of billing

for no duplication. That was some of the issues. They seemed a lot of

interest in the administration, on duplication of services. There was

good overall interest. There for a good part, representatives had the

mayors and council there. Mayor Sanford said I had a conflict then.

I would have liked to be there.

NIMS Mayor Sanford said I attended NIMS classes in Gettysburg.

Thank Mayor Sanford said on behalf of my wife and I, thank you for your

You cards and your attendance, we appreciate your support.

Mayor Sanford reported I have no police report this evening because I did not

get the report yet. I’ll hold off on that. The secretary said you were not here,

last month, you had the one from month before. Mayor Sanford said I’ll

do them together next month.

Mayor and Police Report(cont.) Page 28

Right Mayor Sanford said I have a question, I saw some information in the file

to on the Right to Know, there is a webinar on Right To Know. I know

Know that is a requirement, and to the best of my knowledge because we

are a municipality we are not exempt from that, is that correct? You

guys still have to train your employees at the county, annually?

Councilman Myers said for? Mayor Sanford said for Right to Know.

Councilman Myers said I’m not following. Mayor Sanford said

the right to know, I thought requires that you have training every

year. Correct me? Councilman Myers said I’m not following you.

Mayor Sanford asked have you been trained on Right to Know?

The secretary said only that we adopted the resolution for

requesting information and there was information about the Right

to Know with that, for the records to fill out and that’s part of

the Right to Know. Mayor Sanford asked can you help me out Seth?

Councilman Noll said on Right to Know. Mayor Sanford said

if I’m correct, I know we train our people annual. Councilman Noll

said we don’t. Mayor Sanford said do you do initial training? The

secretary asked was there training last year for Right to Now

for 2008, 2009? Councilman Myers said its basically for the hazardous

material right? Mayor Sanford said how to deal with chemicals, and

have the material in the MSPS sheet. There is haz mat training with

the fire department. Councilman Myers said we don’t do that. The

secretary asked but that’s just one part of Right To Know, there is

a lot more to Right to Know than that, than just haz mat? Mayor

Sanford said what to do with chemicals. Councilman Noll said

some of the guys have haz mat training for vehicles. Councilman

Myers said yes for that, that is part of your license. Councilman

Noll said is it required that municipal officials have training?

Mr. Shearer said not if you’re, Sandy said Right to Know where

people come to know. What John is saying. Mayor Sanford said

there is a different act. Mr. Shearer said what John is saying,

there is a different act, me as an employee I must be trained

in the hazards, chemicals. Mayor Sanford said chemicals that you

are subject to. Mr. Shearer said the Right To Know, anything that

has hazardous material. Where the MSPS is being located for those.

I understand what you’re talking about now. Councilman Myers said

when a new employee comes in we have show him where the MSPS

is, procedure is, notify your supervisor if anything happens, about

spills there is a policy. Councilman Noll said we have a procedure

book that goes out on the job site, suppose to have MSPS sheet on

site. Mayor Sanford said where I’m going with this, PSBA, are

we a member of that? The secretary said yes. Mayor Sanford said

for thirty dollars you can watch online this presentation. I think

that would be good. Councilman Noll asked how long is it?

Mayor and Police Report(cont.) Page 29

Mayor Sanford said an hour and half. Mr. Shearer said actually doesn’t

the fire department supply me with the same training. Because I know in

Glen Rock, the guys in the sewer authority who were part of the fire

company would go to a hazardous material awareness, that was taught

by basically by the same people that taught us the hazardous materials

operations class and they would go on work time. Councilman Snyder said

technically we only have one employee Sandy. He works for the ambulance

club. We can make it available that if our employee wants to make herself

avail to that for hazamat, we can compensate the $30.00 to do that with the

webinar. Mayor Sanford said one thing, I’m just trying to protect us.

Councilman Snyder said oh yeah, there are so many things. Councilman

Noll said if we were ever OSHA inspected we would need to have

MSPS sheets here. Any information for anything here. Councilman Noll

asked has any gone around and inspected? Councilman Snyder said not

that I know of. Cause I don’t think anyone has gone through and accessed.

They get, I remember this from work, with them MSPS’s everything had

to be labeled, even her little correction tape has to have MSPS label on it.

And you’re suppose to have MSPS label for it. Councilman Noll said

one for your toner, if you want to get technical. Mayor Sanford said

what Barry said about municipalities being exempt from some things is

true, but I don’t think with The Right To Know. Councilman Snyder said

with this being a webinar by PSAB, I would assume it would be for

the boroughs, otherwise the borough’s association wouldn’t be providing

it. So at that point, we make it available as an option for the annual training

for our employee if she wants to avail herself of it. Mr. Shearer said truthfully

we get awareness and operations more intense with the fire department.

Mayor Sanford said I’ll put that back on you so you can research and get

the correct answer. Again I’m just protecting, looking out, if something

happens, if he would lose his life in a chemical related accident, OSHA

would be here regardless and that would be one of those things that

they would be looking for.

Years Mayor Sanford presented certificates of service, to people regarding years

of of service. I have a certificate from the Senate of Pennsylvania and also

Service from the Boroughs Association for Thomas Allar for ten years, Barry

Myers for fifteen years, Sam Snyder for fifteen years of service. Sandy

Sterner’s years of service needs to be corrected. Mayor Sanford said

I’ll look at my email. I started following up on the stuff that was sent

out. Mayor Sanford said I got one this year.

Tennis Councilman Snyder said I don’t know how it ended up in my box. Mayor

Sanford said I put it there. From Tennis for Kids Inc. of York, Pennsylvania,

they just wanted to let everyone to know what they do for the community.

They supply tennis instruction for, and how many kids in the area they

Mayor and Police Report(cont.) Page 30

provide this for and were looking for us to hopefully keep them in

our thoughts and prayers for a donation. We can’t give anything.

We did with Dallastown one time, with the school district.

Mayor Sanford said we just give them the courts that is our

only involvement as far as the school district. Councilman

Snyder said they’re looking for money. Mayor Sanford said

you can make that suggestion via a letter. Councilman Snyder

said our budget is already set. Mayor Sanford said at least

we can do that in a letter. Councilman Snyder said it’s a consensus

of council, maybe the Mayor it was directed to you.

Secretary’s Report

Meet- The secretary said we need to adopt the meeting dates for 2010.

ing Councilman Noll asked is the first Tuesday correct in November

Dates correct? The secretary said I thought I sent you a revision changing

the date from the second of November to the ninth. Councilman

Snyder said I didn’t see the revision. The secretary said yes its

been changed from the second to the ninth and Wendy Coble

Tyson will get a copy of the dates. A motion was made by

Councilman Howett to set those meeting dates for 2010. The

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

Snyder said motion carried.

Office The secretary said the office will be open from 9AM until 11AM on

Close December 21 and will be closed December 23, 2009 reopening on

December 28th.

Councilman Snyder said that’s all I had for the secretary.

Unfinished Business

Comp Councilman Allar said a couple of months ago I had asked for $500.00

Plan to take care of mailing and printing for the comp plan questionnaire.

Thanks to Dana and ARD, we didn’t have any mailing. I worked

out a printing deal with York County Printing office. It was a little over

$50.00. Savings of $450.00. Sandy, I know this number is wrong, since

we’re invoicing us that number, let it go as that. The secretary said

alright. Councilman Allar asked Councilman Myers why he didn’t

mention a printing office? Councilman Myers said I didn’t know we

had a county printing office, the last time I knew it was gone. In

County government? Who does that go to? Councilman Allar said

York County Planning. Councilman Myers said I know the county

office had their own printing department but they got rid of it. Unless

Unfinished Business(cont.) Page 31

York County Planning took it over. Councilman Allar said once I get

a deal I don’t ask questions.

? Councilman Noll said one thing from the last meeting that remained unresolved.

Maint- On maintenance and dredging, with York Township, I had the opportunity to

enance sit down and talk to Scott and Bob. One of the big reasons that things got so

Dredge so confused that they had not seen a final plan with specs or anything like that.

So they weren’t going to obligate, I am not complying that they are obligating

to do the maintenance but what we’ve done we gave them a copy of the specs

for the project, the spec book and the actual plans. They have that, that

is why Bob will be invited to meetings. They will work with us, once they

see final plans and see everything, they may decide to send it back. I just

want to relay everyone’s fears, its not that York Township is running away

from it, its just didn’t understand what we were doing. Councilman Snyder

said so they’re back on the page then. Councilman Noll said they have all

the information to make an educated determination. They were extremely

helpful and were pro to what we were doing, very good dialogue. Councilman

Allar said when we walk it together. Councilman Noll said they are

still very interested in what we are doing, the reason for the kick back was

because they didn’t know what we were doing, dredging alone or what.

Councilman Allar said they did have plans. Councilman Noll said they are

all on board with the project. Councilman Snyder said very good. Anything

else for unfinished?

New Business

Councilman Snyder said very good.

Payment of the Bills

Councilman Snyder asked did everyone have an opportunity to look over the bills? We do have a couple additions: Griffith, Strickler: $2965.50, Dallastown Yoe

Water Authority: $52.82, $1109.43, $22.47,$47.97; and one from Milt’s Repair

for $124.98. Mayor Sanford asked is that connected to the annual inspection.

The secretary said I know the lights went out on the flashing light I know that

is part of it. Lamps for special sign application, the red is out on the signal ahead

and for bucket truck. No, it wasn’t for the annual inspection. So with the addition

of the bills mentioned do I have a motion to pay the bills. A motion was made

by Councilman Noll. Councilman Allar said before we do that, this is Bruce’s last

meeting, want to thank him for a couple of years of good service. Councilman

Manns said if things don’t work out let me know. The motion was seconded by

Councilman Myers. All in favor. Councilman Snyder said motion carried.

Adjournment Page 32

A motion was made by Councilman Howett to adjourn the meeting at 9:31PM.

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