Tuesday, February 9, 2010

Yoe Borough Minutes January 4, 2010



YOE, PA 17313

The re-organizational meeting of Yoe Borough Council was held on January 4, 2010 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The

meeting was called to order at 7:03PM by Mayor John Sanford followed by the Pledge

of Allegiance.

Swearing In of Newly Elected Officials

Mayor Sanford asked that the newly elected council persons and the tax collector remain

standing. Please raise your right hand and repeat after me. I, and state your name please,

do solemnly swear that I will support, obey and defend the Constitution of the United

States, and the Constitution of the Commonwealth, and that I will discharge the duties

of my office with fidelity. Those sworn in are Seth Noll, David Naylor, Wendy Coble

Tyson and Connie Crull. Mayor Sanford asked that you will fill out the two forms that

I have given you and return those to me and we’ll make copies.

Council Members in attendance:

Sam Snyder

Seth Noll

Tom Allar

Wendy Coble Tyson

David Naylor

Others in attendance:

Sandy Sterner,Secretary-Treasurer

Dana Shearer, Maintenance

John Sanford, Mayor

Steve Malesker, Engineer

Pete Solymos, Solicitor

Connie Crull, Tax Collector

Stacy Blessing, Resident

Nominations for President and Vice President of Council

Mayor Sanford said at this time I’d like to open nominations for Council President. Councilman Noll said I’d like to nominate Sam Snyder for the position of Council President. Mayor Sanford said we have a nomination on the floor for Sam Snyder.

Nominations for President and Vice President of Council(cont.) Page 2

Do I have a second? Councilman Naylor seconded by nomination. Mayor Sanford

asked any other nominations from the floor? Hearing none I’ll close the nominations.

Mayor Sanford asked do we need to vote on that? Solicitor Solymos said you still

have to take the vote, you have a motion and a second. Mayor Sanford said all those

in favor of Sam Snyder for the position of Council President say AYE. All in favor.

None opposed. Mayor Sanford said for the position of Vice President of Council.

Councilman Snyder said I’d like to nominate Seth Noll as Vice President. Mayor

Sanford said we have that nomination on the floor. Do I have a second of that

nomination. Councilman Allar seconded that nomination. Mayor Sanford said

we have a second, any other nominations on the floor. Hearing none, I’ll close

nominations. Have a vote for the nomination of Seth Noll for the position of

Vice President of Council, all those in favor say AYE. All in favor. None in

oppose. At this time I’ll turn the meeting back over to Sam. The regular meeting

is now in session.

Positions by Contract or By Will for Yoe Borough

Councilman Snyder said next on the agenda we need to continue to reorganize those

positions in accordance with state law. I’ll do so in one motion as we’ve done in the

past. Understand that some of these positions are by contract, other positions are at

will, and therefore the at will can be discussed at any time in the future so that’s just

helping move matters along. I would like to make the following motion:

Borough Engineer: C.S. Davidson, Steve Malesker

Borough Solicitor: Pete Solymos, Griffith, Strickler Law Firm

Zoning and Code Enforcement Officer: Dan Shaw, Red Lion Borough

Animal Control Officer: Hemler’s Animal Control

Wildlife Animal Control Officer: Jerry Pickel

Park Rental Coordinator: Gail Koller

Secretary-Treasurer: Sandra Sterner

Borough Auditors:Stambaugh-Ness PC

Rental Property Codes Officer: Dana Shearer

Sewer Enforcement Officer: The Firm of C. S. Davidson

EMA Coordinator: Rodney Smith

Deputy EMA Coordinator: John Sanford

UCC Code Officer: Jason Stevens with Code Administrators

Roadsmaster: Councilman Dave Naylor

York Adams Tax Bureau Representatives: Councilwoman Wendy Tyson, with alternate: George Howett

Yoe Borough Police Department: York Area Regional Police Department

Health and Sanitation Officer: The Office of President of Council

Councilman Snyder asked did I miss anybody? If not do I have a second to that motion?

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

Positions by Contract or By Will for Yoe Borough Page 3

motion carried. What that is Wendy, York Area meets on a quarterly basis, historically

it seems that the new one coming on, that’s how we like to get them involved in the

borough responsibilities and that so it seems whomever ends up in that chair gets to be

the representative, then the alternate has been George in the event you can’t make it.

Sandy has all the information. The secretary said they’ll send you a packet after I send

them your name. Councilman Snyder said and of course Dave, we had spoke once before,

you have some tall shoes to fill taking over for Ronnie, we left that position vacant until

now so you can get your feet wet, sort of get an idea of what’s going on within the municipality, but now, I think with your background, with you working in maintenance

with York Township, I think you would be the opportune person to try to fill those shoes.

So I would like to take this time again to welcome the new people on council, Wendy good to have you on board, looking forward to working with you, Dave and Seth welcome back. And looking forward to another good year. Okay, before we get into

visitors and such, we do have to approve the minutes from the last meeting.


Councilman Snyder asked if there are any additions or corrections? Councilwoman

Tyson said, how far do we go? I am talking about typos and all. Councilman Snyder

said usually not, if it’s a matter of it should have been should and she said could, that

may make a difference when you are reading it. A lot of times if, if she wrote a

gallon and it should be a quart, yeah that could make a difference depending what

we’re talking about. Just look at the context, if you feel a need just bring it up. What

you will find, Sandy, ever secretary takes minutes their own personal way. She could

get away, summarizing the discussion and say discussion was done on this issue and

here’s the vote. Sandy over the course of years, almost does a Dictaphone and get it

word for word and that has come in handy at times. So therefore, you may feel you

have to get in there and change some of those words around. If you, especially if

its something you say, and say I didn’t mean to say it that way. You want to make

sure that they’re correct. Any additions or corrections, feel free to recluse yourself,

at this instance you don’t know what was discussed, at any time say I recluse myself

from the vote, we’ll just make a notation of that. Any additions or corrections, if not

do I have a motion to accept. A motion was made by Councilman Allar to accept

the meeting minutes of December 1, 2009. The motion was seconded by Councilman

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

Councilman Snyder said now this is definitely a real strain due to the circumstances

involved, I’m going to have to recluse myself temporarily as President and turn

the meeting over to the Vice President and I’ll sit in the peanut gallery and would like

to be recognized then as a visitor when the Vice President sees fit. I’ll just temporarily

turn the meeting over to the Vice President.

Visitors Page 4

Councilman Noll said at this point in the meeting, we’ll move along to visitors.

I don’t think we had any visitors that registered ahead of the meeting. The secretary

said no. But there are visitors here. Councilman Noll said yes there are visitors here.

Councilman Noll said start with, Connie. Mrs. Crull said I just had a comment, with

the Water Authority, when there is no one in the Dallastown office, who do you call?

When there are problems with the water. There is no emergency number, I know a lady

that lives in Dallastown, and she called their mayor and the mayor told her to call 911.

She did, 911 had no idea why they were being called. With the water break that we

had on Walnut Street, a lot of people were not notified, no one had any phone numbers

to call. I think something should be done when there is a water problem. Councilman Noll said I know there was some discussion about a year ago when we had the major

incident at the treatment plant that they were going to put some better. The secretary

said we never got any notification of that, George Howett and Patty Myers are our

representatives, don’t know what the report is from the authority. Mr. Malesker said

I’m actually on the Water Authority Board. And I know, when the Dallastown residents,

call Connie, the manager, she also then the manager for the Water Authority it is taken

care of. Mrs. Crull asked after hours? Mr. Malesker said you’re right there should be

emergency contact information, I thought there was on the borough website. Mrs. Crull

said I don’t know, not everyone has computers, everybody says on the website there’s

a lot of people that don’t have computers. Mr. Malesker said I’ll bring it up at the

next. Mrs. Crull said I think it would be a good idea, my daughter was the one that

called me about it, I don’t have to worry about it because I’m on a well. She had water,

then she had water, then she didn’t have water, she had no idea what to do. She called me

to find out what to do. She did call Barry’s number, nobody got back to her until the next

day. Councilman Noll said what you can take away from this that Connie would be the contact during normal business hours, figure out for the Water Authority who we should

contact and we’ll make it available it here, post it. The secretary said I even could put

it on the tape on the phone, which would be good for people to call. Councilman Noll

asked do you get a lot of complaints of not knowing what to do? The secretary said

no I don’t get a whole lot of complaints. Councilman Naylor said maybe Dallastown

could put it on their recording for after hours. The secretary said that would be a good

idea, because they are already calling Connie. Mayor Sanford said county control has

the information its just having the dispatcher knowing where it is, I know its there.

Mrs. Crull said well what happens if she calls, then county control says why did you

call us. I don’t know what happened. Mr. Malesker said yes, they should have it.

The secretary said let Steve handle it and let him come back and say what the protocol

is, if I need to put that on my tape in case of emergency I can do that. Councilman

Naylor said would Joe be a possible contact. Mr. Malesker said yeah. Mayor Sanford

said I’m not sure he wants his number advertised that’s the thing. Councilman Naylor

said if he has a cell phone through the borough. Mr. Malesker said all these members

of the authority were given an emergency contact list, his number is on it. There

Visitors(cont.) Page 5

is not reason why it can’t be posted. Councilman Noll said so for something after

hours, that might be a primary, then secondary contact. Anything else Connie?

Councilman Noll asked any other visitors that would like to be considered? Stacy

Blessing said I have a question, I apologize if I am not at the right meeting.

Councilman Noll said it’s a full meeting, we just have to reorganize. Ms. Blessing

said I have a question. Councilman Noll asked what’s your address, 123 E.

Pennsylvania Avenue. Ms. Blessing said I am curious about information on the borough

about trying to get information, recycling, leaf pick up,meeting dates, things that you are working on Also have a question on recycling, exactly what you can recycle. Councilman Nollsaid we do have a brochure on recycling. The secretary said its from Penn Waste, I’ll

send it to you. We also have new recycling bins, they are $3.25, during office hours,

9AM to 1PM. Ms. Blessing said then we can recycle the old one. The secretary said

if they are broken you would, if they aren’t you wouldn’t need a new one. Councilman

Noll said as far as the dates for this year for this year, it’s the first Tuesday of the month,

except for November it’s the second Tuesday because of election. Ms. Blessing said if

you have a change how would we know that. The secretary said its advertised in the

newspaper each December in the Legal Section. Ms. Blessing said what about the

website? The secretary said Bruce Manns, a former councilman is still doing the

website, leaf collection and the yard sale was on that, the meeting dates I’ll have

to find out for you, let you know that. I’ll pass it on to Bruce. Do you know how

to get to the borough website. Councilman Noll said as the leaf collection that

is usually set in September or October, we work with Dallastown on that. The

secretary said street sweeping will be on the website too. Councilman Noll said

the Yard sale date we’ve traditionally done over Labor Day Weekend but that

hasn’t been set yet. The secretary said because we talked about some changes with

the park,we didn’t know what we were going to do. Ms. Blessing said last year

there was some changes. The secretary said what happened last year, it rained and

some people asked to move it to the next weekend. You can also call the borough

phone and the dates are posted on there. Councilman Noll said we will work on

getting that on the internet. The secretary said I’ll check on the meeting with

Bruce. Ms. Blessing said if you need help, I’m not an expert. The secretary asked

for Ms. Blessing’s phone number or would you be interested in doing anything else

for the borough. Ms. Blessing’s phone number is 246-7919. I’ll keep that, in case

there is a need for anybody, they can call you for your help. Councilman Allar said

would you be able to put together a newsletter? Ms. Blessing I would give it a try.

Mayor Sanford said we haven’t had one for a year, it just kind of fell apart.
Councilman Noll said it would be something we could try to do each year. The

secretary said we use to do a trifold and Connie would stick in with the taxes and

that would save us a lot in postage. I liked the idea because you had in there high

that you could keep your grass, etc, I’d like to go back to that again. Councilman

Allar said zoning, roads, maintenance. The secretary said we even put in the

Visitors (cont.) Page 6

officer’s for the ambulance and for the fire company. I have a copy of an old one.

Ms. Blessing asked do you have a suggestion box? The secretary said the mail

slot right there or you could come to a meeting, or call me if there is a concern.

I can have someone to call, to get a hold of someone to have them call you back.

Mayor Sanford said I’ll mention something to Bruce whose currently doing

our website, his house is currently up for sale so there’s a possibility he may

be leaving sometime soon or later. We may need someone who has willingness

to do that, appreciate your willingness to step forward. Councilman Allar said

we appreciate your comments on the Comp Plan. Ms. Blessing asked will we

be able to see the findings. Councilman Allar said oh yeah it will be posted,

we probably won’t have one right away until we have the comments meeting,

talk about the findings. Councilman Noll said as far as the meeting you are

welcome to stay as long as you like, the meetings are open to the public.

If you get tired of us, we understand. Thank you.

Councilman Noll asked are there any other visitors that would like to be recognized.

Sam Snyder said okay, I hate to, I have to come over to this side of the peanut gallery,

to represent myself and my wife and the property that I have 179 S. Main Street and

I have to take myself away from the council on this particular incident. I need to

bring this to council’s attention, its not a good way to start a year off but we have

a problem and I guess, I was looking on the internet, on how to go about this, I hate

doing this way, but I think legally, I have to put the municipality on notice. So I’m

officially handing in this letter to the municipality. I’ll read this and then we’ll

get to the niceties because I think I have to keep it in some kind of structure, for

notice to the municipality. This is to inform Yoe Borough that there is a municipal

pipe running through our property at 179 S. Main Street. The pipe was placed in

around 1912, to divert water, for the purpose of providing spring water to a public

watering trough located at the adjacent property at the curb line. On December 27, 2009,

an event of an unknown nature took place which caused the water to continually flow and

flood the basement at my property. Damage to the house has been noticed due to this

event. In an attempt to mitigate our damages,we are asking for one of the following to

occur: 1. Permission from the borough, for us to be able to locate the pipe and redirect

the water to the borough storm sewer located on Main Street. Its understood however

that we would do the work on behalf of the borough and are not assuming responsibility

for the relocated pipe and we would be willing to work out with the borough for reimbursement. In other words, I sit on that table, I know what our finances are and

if it’s a matter of waiting a year or two to get reimbursed, we don’t have a problem

with that. Or 2. For the borough immediately locate the pipe and redirect the water into

the borough storm sewer. Either we can do it or the borough. Be it understood should the

borough refuse permission for us to do the work on behalf of the boro and the boro refuses to do the work itself, we intend to hold Yoe Borough Responsible for any

Visitors(cont.) Page 7

damages that may have or might arise from failing to properly maintain the infrastructure

associated with the old utility pipe which was used for the above mentioned public purpose. I had to bring some sort of format. Basically what happened, as I stated,

this pipe that is running in front of our house, I’m not sure exactly how far in front,

Restuccia estimates three for four feet. Has been there since 1912, according my

grandmother, my great grandfather built the house, been in my family ever since

its been built, and there’s never been a water problem in the house. During Agnes,

my grandmother said she had four inches of water since I’ve owned the property

in 1988, when I bought the property from my grandmother, we had water three

times that came up through this pipe. Each time, its due to the fact that this pipe

is connected to the borough storm water system downstream and water backed up.

One time was during the 1996 flood and thaw, when we had the two feet of snow, and the other time was during the Mother’s Day storm in 2004 and another time was when

the storm drain in Clark Alley got clogged for some reason, I’m not sure how that

affected this, but as soon as that clog went away all the water went back down. So,

I’m assuming that there is some collapse, or some sort of stricture or something,

or some sort of event that has taken place that all of sudden the pipe is no longer

piping out and through but is coming up through, it looked like a geyser was coming

up through there. I put it on a sump pump, my basement doesn’t have a seepage

pit, I put a sump pump directly above the hole and that was pumping out 4600 gallons

per hour constantly. Finally the way I got it to stop coming in my basement, I went

to my neighbor, my next door neighbor, he said he had a sump pump and he said

he had a seepage pit in his basement, he said he didn’t have a sump pump running

for a couple months, I asked him to hook up his sump pump but don’t pump it back

into what we called the creek, pump it outside. Which what we were talking about

earlier, the water coming out onto Main Street. He just pumping that directly out

onto Main Street. That alleviated the water coming through the pipe which the

water is still coming through the pipe naturally but that alleviated the excess. From

why the pipe can’t handle it all now, I don’t know, I am assuming there’s as stricture

or collapse somewhere down the row. You can pass these around to council. What

I’ve done is, copied off an area map, showing the properties assigned properties based

on parcel I. D.’s. I did a little borough history here, for the new people on council, and

I want to go over how this was identified, so you can see what we’re looking at.

And all I’ll start, for the record, my property is located at parcel 118 which is on here

is marked C. S. Snyder that was my great grandfather, Cornelius. So that is 179, but

parcel I. D. 118. So I can just briefly start back through the minute book, I’ll run through

it just briefly to get it as part of the record so how identified how the pipe is. On July

2, 1894, it’s recorded that the bridge on Broad Street, met claim for consideration for

council and Mr. Kohler was called on to explain what would make the matter satisfactory. Which he did. After hearing him in length, council then discussed the matter and Elisiah Snyder made a motion to lay 4 inch tiling across the street and the old bridge be removed which was agreed to with the satisfactory of Mr. Kohler. Mr. Zeigler suggested that several short gutters be made to carry water from the said creek. If you notice I have that marked up close to the top as the tiling bridge 1894.

Visitors(cont.) Page 8

The reason that it was placed there is because of the main storm water area down

through there. And property parcel 101, I have photographs and know from family

history that, that was the Isaac Kohler property, so it places the bridge, right along

there. On June 3, 1895, next it says, the creek questioned, on Main Street south, was

taken under consideration how to conduct the regular water to tiling bridge. The matter

was well handled but the water ran on. Council decided to meet on the ground the

next day on the fourth, to look the matter over. Then on that date, the next one in the

minute book was March 13, 1899, which says it was agreed to put in tiling on Main Street to carry the spring water down Main Street to the tiling bridge on Broad St.

Size of tiling to be determined at the next meeting. So at that point, its now from

Main Street to the tiling bridge. And then March 13, 1899 then on April 3, 1899,

it talks about it was moved by A. S. Strayer and seconded by W. W. Weir to lay

six inch tiling from the spring at Jacob Taylor’s house between alleys. A.S. Strayer

was ordered to buy the tiling. If you look at your map. Queen Alley of course is

down there at the corner of Broad and Main. That connects right in with the bridge.

And if you notice up at 117,which is my next door neighbor’s property, which was

the former Jacob Taylor property, now I have a dashed line going to the rear and

I have a straight line going up to the outlet marked X. I have no way to know if

the water line, that borough’s been investigating for the last couple months, doesn’t

run to the back of that property and that’s not the tiling that we found. Because it

just mentions taking it out to Main Street from his spring down to the Queen Alley.

So I’ve let, it could be either way, I have no way to know, but you do know that

there is that pipe going in at that property there between 114 and 116. But again

that’s just for reference purpose to get to my point. From there the next recorded

incident is October 1, 1900, where it says Frank Ness moved, J. W. Porter seconded

that we take the water trough at Jacob Taylor’s house out to the gutter line to the

borough. And is to find the pipe and its to be cast iron and its to be used by the public

all agreeing to. That’s why I put a little X in the middle of Jacob Taylor’s property,

I’m assuming, that’s what I’m saying its an assumption, that the water trough is back

where the spring started, I have no way to know where that was on that property.

But then it was taken out the gutter line to become a public watering trough. I do remember my grandmother saying, there was a public watering trough that she go

down there, and she said it was in the neighborhood of the telephone pole. That

would be the telephone pole between my house and the neighbor’s house, which

was the Taylor property. So at that point, as of 1900, you now have a public

watering trough that they moved out to the curb. Which made sense. Then just

for a matter of record, in 1902, there’s record about a crossing being made at

Jason Snyder’s on Main Street and Philadelphia Street and it was to put in a

crossing. I only mentioning this only for reference purposes,on the map you

noticed where I put the Jason Snyder property, that was my great grandfather’s

brother and I knew where his family household is. So I’m just putting that there

as a reference that we can cross off that property as we get to the next set of

minutes. In 1912, April 2, 1912, it says the question of putting a drainage pipe

Visitors(cont.) Page 9

on Main Street, to take the water from Ludwig’s spring away was then taken up.

E. A. Taylor, C. S. Snyder and Mrs. E. J. Sprenkle agreed to iron pipes to placed

in the iron plate at the watering trough. And the borough would take it from there

to the outlet at Jacob Taylor’s house. The question then becomes, I know the pipe

is running in front of my house, I’ve been in the next door neighbor’s house and I

see a pipe coming in half way through there is an open pit, you can look into the

creek, by the time you get to the end of his house, its cement, there’s a pipe that

shoots out towards Main Street. Since the pipe that pipe is next to mine, I’m assuming

that somewhere out there it does a 90 degree bend and then it shoots down to my

house. That’s the pipework that they’re talking about there in 1912. The question

that I don’t know, and is why I have a question mark, is E.A. Taylor I know was

a son to Jacob, I don’t know if E. A. Taylor was living on the same parcel at 117

because 117, now has two property numbers. I think its 167 S. Main Street and 171.

At some point, I do know the Taylors were taking care of their parents, so they

had two Taylor families living, I’m not sure we would be able to verify that or not.

If so, that would then move E. J. Sprenkle to Lot 119 which could put the spring

at around 120. If the spring doesn’t start there, and the pipe were layed from the

spring then the only other parcel that could possibly be, would be up at 146,

taken across Philadelphia Street. So I’m trying to do a process of elimination to

see how far up the spring actually went and where to pipe it from. Like I said,

I can only look in my neighbor’s house, and its directly in from his side wall and

my grandmother told me, which is why I put a dashed line back there at 120. She

always told me the pipes ran diagonally under the corner house. So again that’s not saying that doesn’t start there at that property, but I have no idea where it goes from

Again just knowing the constants, which is Jacob Snyder, C. S. Snyder and Jacob

Taylor property and where the pipe is in relationship to our house. So, of course,

its my contention then that the pipe put in for a public utility to run spring off a

public watering trough. Again then, in July 1912, it was brought up again for

unfinished business, the question of drain pipe on Main Street from the watering

trough to Jacob Taylor to carry the water from Howard Ludwig spring was taken

up, the final discussion resulted in R.S. Stabley moving and John Shenberger seconding,

in re-considering at a formal motion at the April meeting, putting in iron pipe and using

the old six inch terra cotta pipe as before, and making it 12 inch cement with fine stone.

Then it further said, it was moved Snyder, seconded by Sechrist that we put a foot square

concrete block with old six inch terra cotta pipe as before in on Main Street, to drain

Howard Ludwig’s spring with a manhole screen where we connect with E. A.

Taylor’s pipe. Which is why I’m thinking that E. A. Taylor at the time lived next

door to me, that is almost identical to what they’re talking about in that house. Its

identical to what they’re talking about, as far as going through terra cotta and terra

cotta pipe. And then finally in the next month, which I didn’t get to you, said the

motion of July 2nd in regards to drain pipes on Main Street, was reconsidered and moved by Sechrist and seconded by Gipson that we put in six inch cast iron pipe instead of the

Visitors (cont.) Page 10

concrete block with six inch terra cotta as before, also a screen at the iron plate

below the watering trough and private drains to allowed. That was the end.

That is the last thing that I have in as so much as what it talks about, what is

actually running through these properties. The next thing I came across in

the borough minutes, borough record, where in 1927 the borough entered into

an agreement with PENN DOT and as part of the work repairs done to pave

Main Street, they connected 10 linear foot of six clay pipe and 25 linear foot

eight inch clay pipe along with 24 inch and 18 inch, 400 feet and 4000 feet.

So they’re talking about all the different storm drains going in. So at that point,

on Main Street, they’re only talking about a few other connections coming into

the Main Street storm sewer, and its from 8 and 6 inch clay pipe. Which goes

back to the two springs referenced on up to Taylor’s house and then up to the

watering trough. So that’s what I found. Like I said, I don’t know what happened,

I don’t know what collapsed, it could be a rat in there that clogged it up, I don’t

have no idea. The only thing I did get Restuccia out to look at it, because I know

I need to check my own damages, I am only one property owner and I can only

handle what is on my property but he said we could take the pipe, we could locate

it, cause you basically see it, down in my house, it elbows straight to the front.

You can hear what’s going in the neighbor’s house. He estimates its only 2 feet,

3 feet from my foundation. He said you can come off the corner foundation, go

straight down locate the pipe, tap it off, and run a vertical out to Main Street to

the storm drain wherever that is, he said that he could do that for around $2700.00

if its under the sidewalk. If you are getting into the street, it could be up as high

as $7000.00 depending on where it is in the street. If its on the whole other side

of the street, it could be as high as $7000.00. Like I said, I am willing to do that

on behalf of the borough, because I need to get this water, I can’t depend on

the neighbor keeping the sump pump running, plus dumping it out onto Main

Street, so I need to deal with this water and be able to get it out. He thinks that

would probably take care of any down flooding as President of Council I do

know we received a complaint from 161 and 171 S. Main Street. He has close

to a foot of water in his basement, he did say that would probably take care

of that, if there is a collapse in that pipe of where they moved in watering trough

from. I’m assuming my pipe comes straight out, down, probably where the

watering trough was, and then it angles back out to the street. Which is why

I showed that on the map because it just makes sense it is right in front of the

house, unless it doesn’t agree but I would think that they would connect to

where they originally moved it from and that’s the iron plate that they talked

about in the minutes. I’m not sure what iron plate that they are talking about.

So if I do that, he thinks that would alleviate flooding downstream at the

downstream property owners, if he puts in a bigger pipe, it would eliminate

the backing up of the neighbors upstream because it would have room for

it to come through that pipe. Of course that’s probably not what the engineer

would say as practical fix. Probably ideal fix, is to locate the beginning of

it, if its at that corner property, in between those two properties, Restuccia

Visitors(cont.) Page 11

said the cost is about the same, you’re talking the same distance. If the spring

is actually up on Philadelphia Street and comes across then it would be

even easier to capture the water in Philly and direct it right into a conduit.

That’s where I’m torn, and is why I’m sitting on this side because as private

person I can only control what is under my realm. And I am willing to work

with the borough there. All we would need is, he did say because we’d be

making a new connection to a storm sewer owned by the borough I would

need permission to tap into that. He felt that since the water trough is eventually

piped to it. So, we’re thinking if we could tap that off, keep anything from

backing up through, tap it at my house, catch any water from coming and

alleviate that problem, we’re not sure though when we talk about that second

spring that goes up to the Jacob Taylor spring, I’m assuming that that’s going to

be a different area. My gut feeling is based on what Dana found, originally

last month, I think that’s going to head underneath those properties. So by

tapping it there, it may not alleviate that problem. According to Restuccia, I

need council permission to be able to do what I’m talking about which is

tapping into the borough pipe. Again I’m willing to work with, I know financially

what the situation is, I’ll put the money up, you can have Steve look. I don’t care about

when I get paid back or anything, I need to get rid of this water. I do have pictures here,

I’ll submit, I don’t want to take up council’s time, so we’re all going to be paying

for this. There’s a whole set of pictures. Dana can testify as to what he’s seen. There

are stress cracks in front of the foundation, underneath the concrete floor there is about

a one inch gap between my floor and now the dirt that has eroded away. And it appears,

as if the front of house is going in towards where the pipe is. Like I said right now,

I just want the water out. I can’t get anyone in, because the water is still coming in.

Councilman Allar said so we have the pictures. The pipe was originally underneath

the house. Mr. Snyder said that’s what I originally thought, and what I’m getting

is that the pipe runs in front of my house and there is like a drain pipe in the very

front corner, if you look in it, it elbows on a 45 degree angle and connects to that

pipe. Evidently I have no clue what its there for, to relieve pressure from the pipe,

but I’m thinking if probably what in these minutes, they talk about being able to

hook up these drain closets, that was probably to drain into a pipe. Its what I assume.

I had thought even when, I had to get the fire company to come in and put a pump

there. And when Barry looked at it originally, he thought it was all self contained

within that pipe, he said about getting a plug for just pipe that would keep any

water from backing up in, but that’s what I’m saying, I think there’s a breech in

that pipe somewhere because the water table stayed constant at the pipe level after

I got it piped out. But its shooting up from the holes in the floor, so there’s gotta

be a crack somewhere if its eroding away that whole area and its saturated up through the whole floor. Councilman Allar said do you feel this was from the storm that was just prior or more recently before it started? Mr. Snyder said yeah, not really a drain,

not really a storm drain, I think this was put in strictly to carry water to this watering trough. Councilman Allar asked and the new system is not connected? Mr. Snyder

Visitors(cont.) Page 12

said it is down stream by the time it gets to the cement culvert that’s when the pipe

dumps into that. Because it would be natural creek water that would eventually make its way down through. Which the borough closed in, closed it in at tiling bridge, so it does

eventually make it into that, its piped into it, but its downstream, which is why I think

it collapsed, somewhere between that point and my house. Because there’s gotta be

a reason that after all these years, I mean I know, there’s talk about when water

tables are up, they did have the water company come out and they did find a leak.

That was putting in close to 50 to 60 thousand gallons per day, that was being pumped

into the system. If these springs are located where it says, that’s all coming out of

those springs. Councilman Naylor said the pipe connected, is the pipe that they

installed years ago. Mr. Snyder said that’s what its connected to, the actual pipe that

was installed in 1912, that’s underground, but I don’t have a picture of it. But that

would have been connected to it at that time, because my house was built in 93. So at

some point that pipe that was connected that they are talking about. Councilman

Allar asked if we fix your pipe what’s the chances that next month or two months

from now from having a dozen people upstream, coming in with the same problem?

Mr. Snyder said it’s a possibility, the only people that I know are getting flooded

out, is that parcel at 117 and then again, the two parcels upstream. Councilman Allar

said as you know, once you do one, maybe not going to ask now but maybe later.

Mr. Snyder said which is why, my opinion is to capture it at the beginning point, right

there at the corner, if indeed the corner property is the Ludwig spring. You can capture

it right there and run it directly out for $6000.00 and eliminate everybody’s problem except potential of the second spring that’s talked about that was connected to Jacob

Taylor’s house as far as I know, we aren’t getting any complaints of flooding down

there, that’s all coming out onto Main Street down there at Newton Alley. But that’s not saying, that, that’s not contributing to some of the problem there at 171, that I don’t know. Councilman Naylor asked how quick can you get a camera in that pipe? Mr.

Malesker said we are borrowing Dallastown’s for the other one, so. Councilman Naylor

said if you are suffering property damage, you need to do something quick. Mr. Malesker

said its not only property damage, its an issue on the roadway too. There’s a lot of ice on the roadways. I’m surprised that PENN DOT hasn’t sent another letter like they did

for 147. You have thirty days to resolve this issue. Mr. Snyder said that’s why I tried

to give a little bit of borough history. If here is the two issues that we have on Main

Street are unrelated but I did find reference to where there should be two connections

where the borough tapped in to springs and tried to funnel out water. If downstream,

I think was just to capture the water, the upstream one was I think to funnel, the

way it sounds, it was directed right into that water trough. Councilman Noll asked in

your opinion Steve, because both being a pass pipe, would you be able to locate that

with a regular locator? Since we should be able to get a, I think that’s probably between

cameraing and locating, we have to find out where this thing is. Councilman Naylor said

we don’t know for sure that, that pipe has failed. Mr. Snyder said I have no idea, that’s

why I put in my letter, all I know is that something happened, something changed,

Visitors (cont.) Page 13

that why after a hundred years, there was running water and if it wouldn’t been

that my family has had all these years. Even during Agnes, I can’t believe water

table any higher than, even then we only have four inches in my basement. This

was a constant run of water. Councilman Noll said with that being a sealed pipe

does Dallastown have the ability to locate that pipe with the equipment that they

have or should we be looking at bringing in a third party. Do you believe

Dallastown would be willing to help us camera? Mr. Shearer said I have Dallastown

scheduled for next Tuesday to go back to 147 to try to wrap that up, this is the

first that we are able to go back, to get that back into the schedule with all the

snow and stuff. Time depends on weather and stuff right now, getting them.

Councilman Naylor asked what is the size of the pipe? Mr. Snyder said sounds like

it turned out to be six inch, however, if you read that, three different times it switched,

I’m not sure if they ended up with cast iron or if they ended up with terra cotta, its

like, they kept switching back and forth. It appears to my neighbor’s house at 187,

terra cotta coming, but its cast iron going out. Diameter looked the same to me.

In my house, cast iron is going out. Councilman Naylor said I think you need to get

a camera in there, either by a third party, or something. To determine if the pipe

actually failed. Mr. Malesker said and find out where its actually coming from , if

we can somehow tie it in to storm water at Philadelphia Street. Open it up that far,

that would, you could, you wouldn’t need an HOP to do anything on the state route,

they have a fit up a state route after they just paved it. But there’s no way around

doing that. The other issue would be, we would technically need easements to

explore that pipe. And in an emergency situation like this, do we need easements?

Solicitor Solymos said I would think as long as you had a letter of recognition from

the landowner authorizing us to go on, strictly for exploratory purposes. Cause I don’t want you commit to making repairs or what have you, until you know what’s going

on. Mr. Malesker said yeah its for exploratory reason, we would need their permission

but if we wanted to do that tomorrow, if we want to do this quickly. Solicitor Solymos

said I would get signed permission from Sam and his wife, allowing entry. Mr. Malesker

said well its more than just his property though. Solicitor Solymos said well the other

ones I don’t know what they would do. Mr. Snyder said I know those neighbors upstream, they let me in the house to look at their basement to see how the water, where

Ronnie Crull said he use to keep tadpoles, that one. They let me back in, I said I want

to see exactly what is coming in, cause I thought it was coming, I knew it was always

coming in their house, but I thought it went straight across and came through my house.

It doesn’t, what it does it stops before it gets to the end, shoots ninety degrees out

towards the street, then evidently somewhere out there, probably out under their porch,

there’s another ninety that shoots in front of my house. Because it doesn’t run underneath

my house. Councilman Naylor said you said that pipe actually takes storm water off the

street? Mr. Snyder said down at that cement culvert. Councilman Naylor asked to gain

access to the pipe at that culvert, get in there and put a camera in at that point. Mr. Shearer said that pipe comes in at the edge of their property. Councilman Naylor said

that would be easiest place to access, water running out of that pipe. Mr. Shearer

Visitors(cont.) Page 14

said what I noticed is, if that’s the pipe, when we were out working at 147 the last time,

I don’t remember that pipe running, having any water but from 167-171, was cycling

that day when we were working at 147, it was working fairly steady since then. Mr.
Snyder said that makes me wonder if there hasn’t been a collapse somewhere down in,

which is why its all backed up. And again, with knowing. Mayor Sanford said we’re

talking about easements here, Sam. Councilman Noll said we’re just trying to figure out,

basically if we need to do this quickly, if we still have copies of the short form to get

your neighbors to sign and yourself, if we have to do some exploring. Mr. Snyder said

I know the neighbors are home all the time. Solicitor Solymos said I can get you one

pretty quick, short agreement, short and sweet, authorizing you to enter upon the

property. Mr. Snyder said to be totally honest just my opinion, if you go to the neighbors

at 187, you have two pipes to access, you can access the down pipe to take you to my

house, and you can also access the upper pipe going towards the corner house and you

could look at both directions that way. Just from his basement. Councilman Noll said I think to move the discussion along, to put this in front of council I would say that, at

this point, recommend that council would explore the camera at the location to find out

more about this, to see if we can figure out what the problem is because it does sound

like that there is a public pipe that may be ours, that may be implicated in some way, and

at the very least we need to understand the routing of that, and what the problem would be. And authorize Dana to move forward on that as quickly as possible. Councilman Naylor said again, if we can access that through that storm water inlet there, get an idea full circle to know if, it may very well collapse between your house and that pipe.

Councilman Snyder said yeah and if it indeed, since they moved that watering trough,

there’s no idea what they actually did, they say the watering trough on Isaac Taylor’s

property out to the curb line, you don’t if that was 10 foot, 50 foot, since the pipe

is running in front of my house I’m assuming its down in the grassy area between the

two houses. That would be logical place of where it was, but then would tie in to

the second spring depending on the property. Councilman Noll said with that is there

anyone that would support that in a form of motion, exploratory portion as we are able

to discuss final remedies. Councilman Naylor said I think we need to make that motion and have Dana contact plumber somewhere with a camera somewhere as soon as possible

to get in there and look, if you can’t get in touch with Dallastown right away, get them

in there tomorrow, a third party perhaps. Councilman Allar asked Pete, when the borough

puts in system, say a hundred years ago or something, then of course we come along and put in another system, what’s our responsibility in maintaining old systems, forever?

Solicitor Solymos said you’re bound to maintain the structure as long as it affects

citizens, that’s the tragedy, it affects bridges that only a few people drive it, that bridge

goes and only one or two people use it, even though its two hundred years old. Councilman Allar said if put the bridges are abandoned by the city, they will probably

be torn down. Here’s a case where its hard to get at it. Solicitor Solymos said that’s how you do it formally. Councilman Allar said are we responsible to tear out all that pipe.

Can we abandon it? Solicitor Solymos said no one is dancing around this but some of this should have some real déjà vu, to you borough council members and to our newest

Visitors(cont.) Page 15

borough council member. As you recall, the fix on that was to move the pipes and to

divert all the water, alright. That was done, the only issue involving Wendy then,

and which would involve possibly Sam, is where did those pipes come from, who

did that situation. Was it done by the municipality and was it done by someone else.

That was the whole litigation, was it done by the municipality or not, the court ruled it wasn’t done by the municipality. We removed the water though, we can do that in this

instance, hopefully the fix is simple. You’re planning on looking at the 147 issue,

looking into to doing a whole fix in that area, Sam’s saying pay me when you are

ready to do the fix and what have you, I’ll do it. I wouldn’t commit to paying Sam anything until you’re satisfied that it isn’t municipal. Councilman Allar said I’m

just trying to nail down our responsibilities in the general sense. Solicitor Solymos said

in the general sense, we’re responsible if its ours. Councilman Allar said trying to

look down the road to other claimants, what precedence we’re setting that’s all I’m

trying to do, somehow to help maybe without setting a precedence that is very

costly. Solicitor Solymos said well each situation is completely unique although this

has a sounding of a situation that we’ve had in the past, it’s a different situation. But

we did re-route the water. So that whether Wendy got her house fixed or not, she

wasn’t, I hope she isn’t getting water through that pipe anymore. What I’m saying, we

did bring the water around, above her property, re-routed as part of a part fix, I think

you are responsible for any of your water course and to maintain the water courses as long as they are serving a public benefit. Councilman Naylor said by that then, don’t we already have a right a way in a sense, to gain access to those pipes. Solicitor Solymos

said technically you do to maintain but I still want you to get an easement agreement letting someone go in, and then you can go in and fix those things. This is something

you would automatically do today, it would automatically be on the records, its not something you did a hundred years ago. Matter of fact, I don’t know how many horses

you need to be troughed. Councilman Noll said as a side, we probably should have some

sort of form that Dana can get signed as a short form easement, he has to go on as an

exploratory anyway if we’re going to create this form, make it universal. Councilwoman

Coble Tyson said I may have a copy. Solicitor Solymos said I am not going to reinvent

the wheel, but I think we may have used one for you. Councilwoman Coble Tyson said

because it was Wilsons, and Shaffers and me, because the breech was in Wilsons.

Solicitor Solymos said well the tree fell down, although we never could say that for

certainty, but that’s after that, you got the water back. Councilman Noll said well at

a minimum I’d like him to come out with a form to use other places, this is bound

to happen to again. Solicitor Solymos said let me see what you’ve got, I already

did one, I’ll redraft something else. Councilman Noll said I guess the only other

question before council, if we authorize him to go ahead and do this, and he finds

something do we have to wait until the next meeting to get it fixed. Or what’s the

Solicitor’s opinion? With monies involved, for emergency repair, would it fall under

the caps set by the state for awarding it to a contractor, do we have to put it out

for general bid. Solicitor Solymos said no I think with an emergency you don’t have to put it out for general bid, but you still have find out what the heck is going on.

Visitors (cont.) Page 16

Councilman Noll said correct. Solicitor Solymos said and what the potential fix is for

you now and a fix in the future. And also, the ultimate legal niceties were those pipes

put in for the benefit of someone to feed their nag or to water their nag or was this

done for the whole community. It would appear that a borough council wouldn’t be

doing this unless they meant it to serve the citizens. But someone’s got to look at

those minutes and satisfy themselves. But we do have a source at least as to his

problem, getting it funding and getting it fixed without a commitment on your part

to reimburse him we may have to litigate that at some point but. If you accept

the fact that yes, it is our problem, then we can take his invitation and work out

an agreement as to how that’s reimbursed. Councilman Noll said do think we would

need to depending on the findings, meet three weeks from now, or so, get a time

to go over it, to fix if we have to spend money, I guess there is damage to a house.

Solicitor Solymos said I think it makes sense to have another meeting. Mayor

Sanford asked if we can recess this meeting, so we don’t have to re-advertise, go

through the expense. Solicitor Solymos, said you’d have to advertise, for a special

meeting. The secretary said if you recess, you have to recess with everything else you have to do. Solicitor Solymos said what I’d rather see you do, is appoint two people

to review the situation, that way you can’t act, but you can find out what is going and

then if we need to, advertise for an emergency meeting based on who the committee

who looked into this, as determined what’s going on. The secretary asked I have to get it

in a week before right? You just have to let me know then. Councilman Noll said let

me you this, Sam, since the water has been diverted have you notice any additional

property damage. Mr. Snyder said no. Councilman Noll said are you comfortable with us

taking a month and then come back at the next meeting? Mr. Snyder said my main

concern, is right now I don’t have any water coming is, because I talked upstream

neighbors to pump it out of his house because he was set up with a seepage pump.

At any given time, if he decides to turn it off, or it craps out, you know where’s it

coming, it has no where else to go. I guess, and then that’s why, put it this way,

one of the things I did ask for is permission from council, for me to go in there and

do the work myself, I mean I’m trying to work with council. I’m on that other side,

I know about the money and everything. Would I get permission so I can do that so

in the event I see that council can’t do things for a month, and all of sudden his

pump takes a crap, because as of today, Restuccia did the one call, everything

should be marked as of Wednesday, I could go in on a emergency situation and

get this taken care of if I needed to. Now I’d like I said, I don’t have a problem doing that. Solicitor Solymos said put do you know what you need to do? Mr. Snyder said

at that point, I’d be going in locating the pipe, at the property line, tapping it and taking

it out to the street, underground. Mr. Malesker asked would they take it into that

inlet then? Mr. Snyder said no, they’d be relocating the storm sewer pipe wherever that

is in Main Street and we’d be tying into it. Mr. Malesker asked that inlet’s not that

far from your house is it? Mr. Shearer said about two hundred feet. Mr. Snyder

said yeah its about 200, down by that culvert. Mr. Malesker said there’s one. Mr.

Snyder said there’s one upstream. Mr. Shearer said there’s one the above it and then

Visitors(cont.) Page 17

there’s the one below it right there by 167-171. Mr. Snyder said my gut feeling is,

the Ludwig property is going to be there at the corner unfortunately. But that

could be good because that means to capture it as its coming out of the house, tap it

off, run it directly out to the street and you’ve taken care of everybody’s problem

for $6000.00. Stormwater pipe right into the street. Restuccia said he could do that

for $2500.00. There’s some reason why that all of sudden that this water is running into my property. I’m thinking somewhere down, at the neighbor’s I’m thinking there is a collapse in there myself. Councilman Allar said could this be as simple as just running a camera through taking care of blockage and its over with. Mr. Snyder said it could be.

Councilman Naylor said that’s why I’m saying we need to do that first, we need to do

that ASAP. Mr. Snyder said and that’s why all I was asking for is yes, I am uncomfortable with that I want to work with council, all I want is the latitude as a property owner that if something happens, cause I’m depending now on the upstream

guy, go in there, tap into the system and just do my own re-route. Councilman Allar said

again if we can take care of the blockage, that, will take care of that. What I’m looking at is taking care of the problem, without having a mass precedence. Mr. Snyder said believe me, sitting on that side of the table, I wouldn’t want to see five people come in, each one have their own individual tap into the system. I wouldn’t want. Councilman Naylor said with the spring water on that hillside, its not above the realm of possibility, that there is something else creating the problem.

Executive Session

A motion was made by Councilman Noll to go into an executive session at 8:19PM.

The motion was seconded by Councilman Allar. All in favor. The executive session was called to discuss any legal references with this matter.

Reconvening of the Regular Meeting at 8:29PM/Visitors

Councilman Noll said at this point we are through our executive session and we have a

recommendation for a committee to be appointed two persons plus our borough engineer,

to work out with Dana to explore the pipe, figure out where the thing is coming from,

potential problems, camera, type, location, for Dana to spend reasonable funds to do that.

For C. S. Davidson to make any recommendations upon our findings. Also for that

committee, if needed to, call an emergency session of council. Anybody like to make that motion? The motion was made by Councilman Allar. The motion was seconded by

Councilman Naylor. All in favor. Councilman Snyder said I have to abstained, I am in the peanut gallery but still on the council, so let the record reflect I did abstain from the vote.

Anything else on this matter.

Mayor Sanford said before Sam takes over again, if council would forgive me, I was diagnosed with strept this afternoon, and I’m feeling really bad. I told Sam I would stayed based on his issues here but I am going to leave. Welcome to the new members,

Visitors(cont.) Page 18

I hate to swear and run. Councilman Allar said John, I was prepared to go over that

comp plan survey, I’ll do it next month. Mayor Sanford said go ahead. Councilman

Allar said no, I think we should, everyone needs to hear it, we can do it next month.

Mayor Sanford said I appreciate that.

Solicitor Solymos said all I need are these minutes. The secretary said okay.

Solicitor’s Report

Councilman Snyder is now back as Council President and continuing the meeting.

Chronister Solicitor Solymos said nothing new going, have some old stuff.

Case At long last on January 14, 2010, we are doing the Chronister case.

I am meeting with Tom on Thursday at 1:30PM to discuss that

matter. I’d like to invite you Sam if you are free if you’re not.

This coming Thursday, one last go over and one last preparation.

We’re are probably familiar with it now, we’ll take it from there.

Brief Solicitor Solymos said I am getting a brief together in the next

fifteen days on our zoning appeal and I’ll want your assistance

on that.

PMRS Councilman Snyder said we did receive a letter back on Pete’s comments

on the notice that we received from the Pennsylvania Municipal

Retirement System. On a change of plan name and their summation was

that the biggest consequence of the name change is that PMRS’s will

no longer be allowed, will not allow the plan authority to reallocate

forfeited benefits to other plan participants. So we did have, that

was forwarded on to Pete and we do have his comments for the

record on what he thought on that.

Contract Councilman Snyder said we do have a contract from Code Administrators,

Code for the new current year. That needs to be signed. Looked over that,

Administrators and other than the fee schedule, which to be totally honest, anyone can

make head or tails on these schedules. I guess if there is no other

comments from Pete. Solicitor Solymos said my only comment was

are you satisfied with the fee schedule. A motion was made by

Councilman Allar to accept the contract for 2010 with Code

Administrators. The motion was seconded by Councilman Noll. All

in favor. Councilman Snyder said motion carried. Councilman Noll said

you need to be aware with this being a new year that the this is the

year that the 2009 IRC and IBC are in affect. The secretary asked

Solicitor’s Report(cont.) Page 19

Councilman Noll if he could get a copy of that for the borough.

Councilman Noll said he’d try. The secretary asked should I ask

Code Administrators to see if they could supply us with one

because up in that book is the one from before, we got them

from Codes. Councilman Noll said see if they will supply us,

first, the IRC and IBC.

Notice Councilman Snyder said we did receive a notice back from mid-

MidWest December from Mid-West Claim Services about the other issue

Claim from the Cottrell property. Pete responded to that. There was, his

Services letter was pretty well self explanatory. Solicitor Solymos said we

heard from both carriers, the old one and the new one. They are

are both saying we don’t cover it. But we are going offering a

defense if you have to defense. And I have heard nothing from

further since I discussed my conversation.

Resolution Councilman Snyder said we do have the first resolution of the year.

2010-01 As always, which is fortuitous, which we will get into in engineering.

But the first resolution, we readopt the new engineering fees from

the table that C. S. Davidson provides us. This is pursuant to the

subdivision and land development ordinance, that we adopt a

resolution setting the rates for engineering and legal services for

subdivision/land development land reviews. This will take effect

on the fourth day of January, 2010. The resolution will be

effected immediately so be it resolved on this day the fourth day

of January, 2010. Do I have a motion to resolve? A motion

to resolve resolution 2010-01 was made by Councilman Allar.

The motion was seconded by Councilwoman Coble Tyson.

All in favor. Councilman Snyder said so be it resolved

Subdivision Councilman Snyder said now a question for Pete because of that,

Request what’s laying here for our peruse, is a subdivision request from

From Rexroth Rexroth for up at the park, Orchard Hills Vista. Now technically,

what comes first the chicken or the egg, last years rates, or

since the resolution. Solicitor Solymos asked when was it filed?

Councilman Snyder said the date on this from James Holley and

Associates is the very same date, January 4th. Solicitor Solymos

said you’re ordinance is in effect January 4th, so it would be

January 4th. Councilman Snyder said so it’s the new rate. Its

supposedly, C.S. Davidson got a copy of this so we can go

over that in the Engineer’s Report. Mr. Malesker said they

actually stamped my copy January 2, 2010. The secretary said

Solicitor’s Report(cont.) Page20

we just got our copy today. Solicitor Solymos said courtesy

copy for you, is not a filing with the municipality. The secretary

said it was hand delivered and I put it right there on the paperwork.

Solicitor Solymos said it was advertised for and your resolution

was already made, in a previous month that it was going to be

adopted on the fourth. Councilman Snyder said it’s a resolution.

Yoe Councilman Snyder said and then one final thing before Pete leaves.

Borough And this ties right into engineering, I did attend the Yoe Borough

Sewer Authority meeting in December. I brought up the information that

Authority we had discussed about the cost to Aaron Enterprises, I also did

Meeting/ some research in that case, came across some interesting borough

Aaron minutes, where there is a bridge on George Street, imagine that.

Enterprises. Mr. Malesker said its PENN DOT’s. Councilman Snyder said its

PENN DOT’s there ya go. I wanted to hand you that paperwork,

in the meantime I was able to convince the situation to the sewer

authority, told them what we were up against, what was going

on up at 147 trying to get PENN DOT to accept responsibility

for what was theirs. They understood and at that meeting they

agreed to pay the invoice in whole. With the understanding, from

that point its now the borough’s responsibility, and I told them

that Steve was working with PENN DOT, that we felt we’re going

hammer PENN DOT to do what needs to be done. It was drainage

issue with PENN DOT, there was a bridge there. Solicitor Solymos

said there is no simple solution. Councilman Snyder said no. Councilman

Allar asked did you ever call Mike Craley. Solicitor Solymos said

oh yeah. He probably educated the people there. Councilman Snyder

said he actually didn’t have a call from Pete at that time,so I informed

him then, I told him that you’d be calling and he called, the meeting

already transpired. Solicitor Solymos said I made it clear that we

had no authorization on this, I think that was the only out. Councilman

Snyder said the only thing we did, we took out a bridge, and what’s

the bridge for, and we put in tiling, just like we did up there on

Broad Street which shows that there is either drainage from storm water

or a natural creek going through there, one or the other. That’s what

you have a bridge for and that’s why we put tiling in so. Mr. Malesker

said so the bridge was removed. Councilman Snyder said and tiling

placed in. And ironically, the tiling and the bridge took out, four foot

by twenty foot, you’re talking about the exact stand of what that area

is. Four foot wide by twenty foot long. Councilman Allar said so this

crosses Mill Creek at Mason. Councilman Snyder said it doesn’t say

Mason, what I was able to do was to place a bridge on George Street.

Since we now have a pipe there with water running through it on

Solicitor’s Report(cont.) Page 21

George, show me another place where we’ve got water running through,

and I’ll say that doesn’t pertain to that. Right now I’m saying that’s it.

Councilman Allar said and that bridge went across George Street?

Councilman Snyder said yes, cause it is a George Street bridge. Mr.
Shearer said it could be more downstream towards the auto body.

Councilman Snyder said it could have been, my contention is that it

is there. Cause we know we have water running there. I mean, its

not as specific as what the other minutes were, it gave me persons

and properties that we could locate. This just says we replaced a

bridge on George Street. I think it does say North George Street, at

that time West George was North George, so at least located a

bridge. And I think that’s all I had for Pete at this time. Solicitor

Solymos asked anyone else? See you shortly, call me if we need

an emergency. I will have something down Sandy tomorrow out

of the borough, on what we have to do on an emergency. The

secretary said I’ll send those notes out tomorrow then. Solicitor

Solymos said okay. Councilman Noll said are you going to send

Dana then the quick form. Councilwoman Coble Tyson said if

I can find it I’ll fax it to you. Solicitor Solymos said fine, you

have my fax number. I think its in your correspondence, if your

lawyer gave you copies of my correspondence to him. Wendy,

welcome aboard. I trust our relationship will be better than it

was in the past. Night all. See you Thursday then.

Engineer’s Report

DEP Mr. Malesker said last month we were talking about we couldn’t get a

Grant response from DEP on the grant paperwork. They did finally get

Paperwork everything in order, Sam was copied with those emails. So I have

tonight, the filled out agreements for $51,550.00 to be used towards

the flood impoundment area restoration. So I have three that need

to be signed sealed and witnessed by the secretary. It was just a matter

of two guys in DEP who work in the same office to actually talk to

each other. Councilman Snyder asked and this is to release the county

funding? Mr. Malesker said yes, to approve one since we said, since

its maintenance, they don’t fund that, but they found that about year,

we resubmitted and took out maintenance everything. Councilman

Snyder said redesign. Mr. Malesker said yes, you have till February

7th to actually sign the agreements. Its been awarded, they’ve

executed, but the borough hasn’t, so there’s not contractual obligation

yet. The way DEP works, lets wait for those two weeks, to make

sure we’re knowing that monies coming, or we don’t have a project.

Engineer’s Report(cont.) Page 22

So I can either bring the agreements and drop them off on Monday,

whatever and the notice to proceed, it can be executed then. In

the middle of month, get the project started, have the meeting or

we can wait for February meeting to have it signed there. Councilman

Allar said I prefer we wait to February because there are still some

loose ends. A motion was made by Councilman Allar to have the

borough sign the DEP grant agreements. The motion was seconded

by Councilman Noll. All in favor. Councilman Allar asked Sandy,

we heard from Windsor Township and Dallastown. The secretary

said yes, I have those checks, I would to do it all together for the

auditors. Councilman Allar said I talked to the County Administrator,

Chuck Noll. We’re good to go on the $15,000.00. All they need

is a copy of the contract or we can send an individual document

for the $15,000.00. They need back up for that money that identifies

it. The secretary asked what contract are you talking about, the one

with Abel? Councilman Allar said right. The secretary said that

actually shows all the costs for the basin. Councilman Allar said

the one that shows the figure beyond the $15,000.00, a copy

of the signed contract. The secretary said so when we sign that in

February, that final thing, I can send him a copy of that. Mr. Malesker

asked that $15,000.00 needs to be expended? Councilman Allar said

no, all he needs to see the contract. Councilman Snyder said we should

be able to send that now to him. Mr. Malesker said well that hasn’t

been executed. Councilman Naylor said the signed contract. The

secretary said so on February 2nd we are going to sign the contract and

will be able to send him a copy. Okay. Mr. Malesker said yes and

then we will get that $15,000.00 towards application for payment

for the contractor. The secretary said by then I’ll have the $51,500.00

from DEP. Councilman Allar said we have not got the $20,000.00 from

York Township, so we may have more information from Seth on that.

I have been holding off for a month, because I don’t want to step on

Seth’s toes. Councilman Noll said Elizabeth said its there, but they

want to see something moving. I think we need to give her a copy of

the contract. Councilman Allar said I want to make sure we don’t have

a stumbling block because if we did this last year, I’d have no problems

at all. Councilman Snyder said well then, if the county wants to see

a signed contract and they’ll cut a check. If you think York Township,

is suffice with a signed contract, instead of turning dirt, they cut a

check. We’re not going to know about Red Lion, so. Councilman Allar

said we’ll know more about Red Lion, they have a meeting tonight.

Councilman Snyder said I guess where I’m getting at is, we’re committed

to this project regardless. If that’s what’s holding up getting some money

in, lets go ahead and authorize to sign the contract now, understand that

Engineer’s Report(cont.) Page 23

then the only caveat is Red Lion. Then if they were to renege, for

some reason, well we have to figure out where we come up with

the money. But at that same point, holding off another month,

that gives the latitude to proceed earlier if we can get things going.

I don’t see a reason to hold cause that’s just going to hold off

everyone else’s check. Councilman Allar said I don’t have a problem

with that, I just want to make, you guys open. Councilman Snyder

said that Red Lion is not a done deal. Councilman Allar said I didn’t

want to obligate the borough, to find out later, we signed the contract

last month, and have money we already spent. Councilman Snyder said

I think we are already obligated as far. Mr. Malesker said you’re not

contractually. Councilman Allar said not really, like Steve was saying,

we’re not obligated. Mr. Malesker said its been awarded but because

of funding doesn’t work out for whatever reason, you don’t have to

sign the agreement. You won’t get the money if you don’t have a

project. Councilman Naylor said we have to the next meeting to get

the ball rolling until the seventh. Councilman Allar said its up to

you, as long as the borough knows where we’re at. Mr. Malesker said

I would still wait until we get the word from DEP that the money is

coming, still wait two weeks that way, that was we know. Councilman

Snyder said at that point no reason not to hold up. The secretary asked

if I can get a copy of that. Councilman Snyder said he wants to hold

off until DEP get it, at that point its just another week and half until

Red Lion. Mr. Malesker said after its executed you can have a copy of

that agreement. Yes you will get an original. Councilman Naylor said

at what point do we. Mr. Malesker said at that point we’ll talk to Abel

and the issues, they want to start working now anyway. I’m not sure

what their work load is. We can talk to them and see whether we

can give a notice proceed. The other thing we could do, we could,

sign these but make their delivery of them contingent on the approval

of the grant. But it is easy for me to drop these off anyway. Councilman

Naylor said you could drop them off and hold on to them. Mr. Malesker

said so we just have to coordinate with you, have you sign them and

I pick them up. Councilman Snyder said if he wants to wait until DEP

at that point, okay. Mr. Malesker said I’ll just hang on to those then

until next meeting, as soon as I hear from DEP, we’ll have time to meet

once we get this submitted everything. So.

Park Mr. Malesker said the next item would be the park. We do have one

Update change order to approve, it would be change order number 6. This

would actually be for a deduct. I did attach a copy of that change

order with the engineer’s report. There’s actually two small

Engineer’s Report(cont.) Page 24

type pipe culverts that were deleted. So that was a credit of

$2415.00, and then there’s some electrical items that were

added. So it was a total deduct of $1755.00. We need a motion

a motion to approve contract change order number 6 for

a deduct of $1755.00. A motion was made by Councilman Noll.

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

Councilman Snyder said motion carried. Councilman Noll said

I’ll send around the final things on the park. We got our certificate

of occupancy so that has all be taken care of at this point. It

was issued the substantial completion at this point. Everything

shown was done by the end of the year, they were up and did

some work towards the end of the year. The only thing, this

Friday at 11AM, we’re going to do a punch list walk through,

an note anything like seeding, we would waste the money right

now if we did anything because it would rot. Use some of

these other things we had money designated, like painting the

horse shoe pits. So. Mr. Malesker said the way it looks. The

secretary said when will we get the final invoices. Mr. Malesker

said I have them, we are going to go over them now. The secretary

said do you have it broken down on how the fund are used, like

with DCNR, I still have a balance in that. I have another balance.

Mr. Malesker said we’ll go over that. So what we have actually,

the meeting with DCNR went well. Laurie was here. She didn’t

have any issues, except she didn’t have anything to take photographs.

Seth was able to be the hero and get a camera and use that. So

that worked out. She has a few minor comments. That parking

spot by the tennis courts. Otherwise she didn’t have any other

issues. She’s been out, she did send me an email today, that she

is going to start to work on the report today so. All that stuff,

everything was completed by the end of year so there won’t

be any issues with the monies. So they should release that

final ten percent, the $7000.00 then. Councilman Noll said

you had talked about writing a percentage for this punch list.

Mr. Malesker said yes, actually what, to close the contract

out by the book, with grants. Legend has asked for 100%,

actually I told them to ask for 100% of the payment even

though they haven’t technically, even though there is the

punch list items, because in order to get that $7000.00, the project

has to be complete. I’ll need a motion to approve application

for payment number four in the amount to Legend Construction for

work at the Yoe Park, in the amount of $63,317.70. Councilman

Noll made that motion. The motion was seconded by Councilman

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

Engineer’s Report(cont.) Page 25

Mr. Malesker said and then we need approval for application

payment number five in the $16204.10. That would be

the 10% retain age that was held. Councilman Noll made

that motion. The motion was seconded by Councilman Allar.

All in favor. Councilman Snyder said motion carried.

Mr. Malesker said I’ve got everything broken out here, there’s

actually four CDBG requests. Because this first one is the

remainder of the project number that was started. So this

closes out that, its minus the $550.00 that was used toward

the advertisement. There was already a bill submitted, that

can’t be used towards Legend. And then what they did for

the $49,000.00, is they sent three different requests, this

must have come from projects that weren’t completed or

had money left, the project numbers so they sent three

different ones that had three different amounts so we just

applied this application for payment to the amounts to

match. The secretary asked so which application is that,

four, or four and five together. Mr. Malesker said its four

and they said don’t put a number on the remaining. These

came directly from Joiann with project numbers, and

IBS numbers and all that stuff so these won’t have a

number, she wanted these submitted together and then

she wanted the original application for payment too.

So I have. The secretary said with your stamp on,

and original signatures and you need copies of the front

sheet. Mr. Malesker said I need copies of the front sheet.

So these are the ones that you would sign and send, and

make copies and I’ll have original signatures for you for

your file for audit. The secretary said okay. Councilman

Snyder said not to muddy the waters here but just a question.

Usually CDBG has a retain age built in with their grant,

is there anything built in there or is that voided out? Mr.

Malesker said you have to wait until till the project is

complete and follow up. Councilman Snyder asked and then

my next question was because we did a lot of this in the

winter time, with the new drainage system, and they were

tearing up concrete, putting in new concrete or macadam,

is there any type of performance bond. Mr. Malesker said

a one year performance bond. Councilman Snyder said in

case we see some cracks. Mr. Malesker said that is dated from

the date of substantial completion which is December 31st.

Councilman Snyder said we will know by then if we have

any problems. The secretary said the request number five

Engineer’s Report(cont.) Page 26

where is number five. Mr. Malesker said like I said they sent,

there’s, you are going to see. The secretary said I’m getting

confused, if I add all these up they will equal four and five

together. Mr. Malesker said yes. The secretary said we have

it as application five. Mr. Malesker said the CDBG application

and the contractor’s application are two different things.

Here you have contractor’s application for payment number

five, and for number four, with original signatures. Councilman

Snyder said that’s what we approved. Mr. Malesker said that’s

what you approved. And then what gets submitted to CDBG which

is request number four which closes out your original $100,000.00

that you got so this closes that out. You were awarded an additional

$49,000.00, which came from three separate projects, that.

The secretary said I sent this the last time I didn’t have original

signatures and she got a little upset with me, because I screwed

it up, I just want to make sure I’m doing this right. Okay. The

secretary said all four of these together equal this plus this.

The secretary said they will equal what we are requesting for

CDBG payment. Mr. Malesker said yes. The secretary said that’s

all I wanted to know. Mr. Malesker said it makes it confusing,

when they sent the three, the additional $49,000.00 isn’t. Mr.

Malesker said the motion is for application for payments for

the contractor, four and five. If you look at those, they match

that. But for this for this request for CDBG, there’s four separate.

You were awarded $49,000.00 that came from three different

sources. The secretary said okay, I just want to make sure that

the auditors understand. Mr. Malesker said that is why she said

there is not a number associated with that, like five six seven.

If you have any questions give me a call.

Additional Mr. Malesker said the next thing I have are additional grants for the

Grants mitigation for the flood impoundment area. Tom, I did send Jake

For an email and he did respond to me. At last month’s meeting you had

Mitigation given me authorization to apply for the Cora L. Brooks Foundation

For the Grant. I did do that, attached to the engineer’s report is copy of that

Flood application. It just needs to be submitted by next Monday at 5 o’clock.

Impoundment Jake had said he could do this, you had authorized me to expend up

Area to $500.00 to apply for the grant. I haven’t spent anything since Jake

said that he was going to do it. So, I did forwarded all this information

to Jake and I copied you with that email back on December 21st.

Councilman Allar asked did you contact Gary? Mr. Malesker said

yes, I forwarded the same email. Councilman Allar said the good news

is, well first of all, Jake had to check out both of these grants because

Solicitor’s Report(cont.) Page 27

normally he will not cover mitigation, mitigation of wetlands. One of

them does not. The Cora Brooks Foundation, does. So he’s doing it.

He has no problem. What I don’t know if Barry, has talked to the

board members for a vote, has he gotten back to anyone? Yoe Fire

Company is doing this, they are the 3-C. Barry say why he isn’t

here. Councilman Snyder said he has water in his house, pipe burst.

I want to wait until Dana comes back, we need a representative

from the fire company. I was hoping to ask John, then John left and Barry

and George aren’t here. We’re running out of time here, to get this

information. Its not really hard to do. Councilman Snyder said we need

that information, only someone from the fire company can give you

the information.

Councilwoman Coble Tyson said I’m going to have to ask permission

to leave, excuse myself at 9:38PM. Councilman Snyder said you don’t need permission, you to excuse yourself and we’ll make note on the

minutes and luckily there are still four people here so we can still

conduct business.

Councilman Snyder asked Dana, evidently, Steve and I remember seeing

the emails sent a request, and Barry was copied on that, for this Cora

Brooks. Mr. Malesker said I sent Barry that as of today. Councilman

Snyder said this was as of the 21st. We needed information from the

fire department, remember he said we could use the fire department,

but didn’t know how time. I gave him a good feel, how to tie into

the fire department. He was going to talk to the board and everything.

We need information back. Mr. Shearer said I didn’t hear. Councilman

Allar said if he has to wait a full month to deliver it at the meeting.

Mr. Shearer said they will meet, as of tonight, they’ve already met.

Mr. Malesker said the application is due a week from today. Councilman

Allar said certain information is needed, telephone, email, EIN number.

Councilman Snyder said mission statement. Councilman Allar said its

not hard to do, someone from the fire company needs to do it. If someone

can get to Barry. Mr. Shearer said call him or talk to Patty, she’s the

President of the fire company. Councilman Snyder said I’ll tell you what,

at that point, I mean Dana shouldn’t be involved in contacting, he’s just

a member of the fire company. Really this should be coming from Steve,

because Steve would have to meet with him and say, we need to

coordinate this, so we can get this information and are you willing to do

it, so Steve knows how to proceed. Councilman Allar said he’s already

done that, he emailed it, Barry’s already gotten it. Just getting it back

now. Mr. Malesker said get with Jake. Councilman Allar said just getting

Engineer’s Report(cont.) Page 28

getting it back from Barry, Barry is going to pull it out, if he wants

to send it Steve fine but email it to Jake. Councilman Snyder said

personally, its just my personal opinion, I don’t know if Dana is

the one that should, anyone of us can contact Barry, I can contact

Barry. I think Steve is the one, Dana shouldn’t be contacting other

than he’s a member of the fire department. Mr. Shearer said I

don’t want anything to do with, he promised it to you, let him

deliver. Councilman Snyder said I’ll contact Barry, I’ll copy

Seth, I’ll copy John. I believe in covering. I copy everybody, I’ll

have him get directly with Steve. If Barry doesn’t do it, didn’t

do it, there’s nothing else we can do. Mr. Malesker said the only

other thing is for Jake to use his company, his foundation, as the

applicant. Councilman Allar said all he talked about is the fire company,

he didn’t volunteer his own initiative. Mr. Malesker said and it makes

sense, the fire department you can tie. Councilman Snyder said they’re

directly downstream. Councilman Allar said Steve, before you leave can

you give Sam, Jake’s email. Because its going to be a lot faster. Mr.

Malesker said well actually I blind copied you, I sent Jake a reminder

about the deadline, today and I blind copied you the email. Councilman

Allar said if you reach Barry, get a hold of Barry, you’ve got to get

the information directly to Jake. And I’ll make sure that you got a copy

of this, if not contact Steve, I mean I still might even have it on my email

cause you sent a copy. The secretary asked does that mean he has to have

it in his hands at 5PM on January 11th. Mr. Malesker said yes. The

secretary said not postmarked by January 11th. Mr. Malesker said he

has to have it on his hands. The secretary said just make sure. Councilman

Snyder said and Jake is the one that needs this information. Mr. Malesker

said so he really needs to overnight this by Friday. Councilman Snyder

said yeah. Mr. Malesker said unless he can deliver it. Councilman Snyder said if it turns out he can’t deliver, he can’t deliver. Maybe he didn’t get approval from the fire department, you don’t know what. Councilman

Allar said maybe he didn’t bring it up. Councilman Snyder said maybe

he didn’t bring it up, we don’t know. Now. Councilman Allar said this

was going to be our matching money. Councilman Snyder said so I’ll

email him the first thing tomorrow, we will wait for a response, if we

don’t hear a response, or a favorable response by Wednesday afternoon.

Have Steve, contact Jake, to see if Jake would be willing to do this

on behalf of his foundation. If Barry gives a favorable response,

understand that Barry, which I put that in the email, we need to have this

information by Friday to Jake. Mr. Malesker said he needs to have it

before then, so he can finish with the application. Councilman Snyder

said so Jake can finish, so he needs it before Friday. Councilman Allar

said we are looking at a twenty four turn around from Barry. So Jake

Engineer’s Report(cont.) Page 29

has the rest of the week to finish it. This is due January 11th. Jake

has to get it out by Friday. So tomorrow is Tuesday, Barry should

try to get it to us by Wednesday at the latest. Councilman Snyder said

he should try to get something to us by Wednesday, even if its

trying to get it on his own. He’ll let us know that, that’s the approach

that we’ll have to do. Mr. Malesker said since its known, that’ll be

right away. Councilman Allar said so we’re clear, you’re going to

find out, contact Steve. Councilman Snyder said I’m going to copy

everyone on it, so everybody’s knows its done. Councilman Allar said

then Steve is going to get to Jake, is that the way you want to do it.

Mr. Malesker said yep, you can talk to Jake too. Councilman Snyder

said he doesn’t have email. Councilman Allar said I can call up and

do the same thing or fax it to him for that matter. Mr. Malesker said

well hopefully Jake will respond to the email that I sent him today.

Councilman Snyder said okay.

Plans Mr. Malesker said I haven’t even looked at these plans yet that

Submitted were submitted by Glenn Rexroth for Orchard Hills. They have

by Glenn been submitted to York County Planning Commission and it’s a

Rexroth three lot subdivision. Right on the backside of the park. I don’t

Orchard if you wanted to look at these or do anything with them, I’ll have

Hills some comments for the next meeting. Councilman Snyder said

yeah have comments for the next meeting. Councilman Allar asked

is that your set. Councilman Snyder said there are sets up here.

The secretary said I’ll have them sitting right up here. Councilman

Allar said there will be citizens that will pick up on this and they’re

going to want to see those plans. Mr. Malesker said Jeff Spangler from Holley office, how many to send to the borough and I told him to

send three. Councilman Snyder said well really at this point, there’s

no building, or nothing, its just a subdivision of property. Mr. Malesker

said there’s no land development proposed. Councilman Snyder said

at that point, its pretty clear cut and dry. The only thing that I saw that

is an issue with it, is looks like lot 3 is going to landlocked. Councilman

Allar asked its nothing to do with building? Councilman Snyder said

no. Councilman Allar asked with storm water? Councilman Snyder

said no, he’s just taking 22 acres, and creating three separate parcels.

The one parcel is what’s in Yoe Borough, the other parcel is the main

track in York Township, with that little pie in the borough, and then

the third tract is right beside his property up at. Mr. Shearer said

he intends on joining that to the property. Councilman Snyder said

probably. Mr. Shearer said it says that on there. He intends to join lot

Engineer’s Report(cont.) Page 30

three to the Tri Boro property. Councilman Noll said he can take one

and make copies. Mr. Malesker said do you need extra copies. The

secretary said he was saying citizens might want to look at them,

I don’t know. Councilman Snyder said I think when they see there is

no building involved. Mr. Malesker said you can keep them, they’re

not free to take. Councilman Noll said I will make some copies for

those on council, whatever. I can run five copies at work. Councilman

Allar said the neighbors are so sensitive up there. As soon as they

are out there with a shovel, I get a phone call, what’s going on.

Councilman Snyder said at this point all he’s doing is subdividing into

lots. I have no idea what he is intending.

Hydrant Mr. Shearer said hydrant repair up there on W. Walnut Street. We dug

Repair on that hydrant with the understanding that the water authority believed

on W. that there was a water leak. There was no water leak found, it was found

Walnut St. further up the street, in the street to their pipe. So we will eventually get

a bill from Legend Construction for their work to dig down and close it

back up. Is that something we are comfortable with, paying with, because

they dug on water authority say so, thinking it was our problem to fix

or we going to present this bill to the authority, we dug here because

you said so. Sound vaguely familiar? Councilman Noll said they did

that to confirm that this, they didn’t give us any notice that it was leaking.

Councilman Naylor said why would hydrant repair be our responsibility

at all? Councilman Snyder said because it is. That it is. Mr. Shearer said

trust me, that was the thing that I had on my list. Councilman Snyder said

the one thing that I never understood, is why we are paying hydrant

rental fee, why we would have pay to maintain them. Mr. Shearer said

right. Councilman Snyder said if they are our hydrants, then we pay to

maintain them. But they are charging us a fee as a rental to begin with.

That being said, I’m not going to go over and read that agreement, and

for the longest time we’ve been paying hydrant repair. Should look over

the agreement cause it doesn’t seem right. But we have been making

hydrant repairs. I would think, my personal opinion, we pay the bill,

because we are the ones that asked them to come out, we’ll do the

exact that we did with the sewer authority, then we will go to the water

authority and ask for reimbursement, because it turns out not to have

been our leak. At that point, I don’t think there should be any question

as far as, like you aren’t getting Legend, sticking Legend on to the

water authority. I mean we are the ones that called them because the

water authority asked us, who we wanted. Because the water authority

was willing to get Kinsley, I said absolutely not, we’re not going to

pay that bill. Mr. Shearer said I said, who should I get, and the water

authority said, I generally get Kinsley, but you can use Legend.

Engineer’s Report(cont.) Page 31

And since Legend was over the hill at the time, they seemed like the

logical choice. And their guys are very familiar with repairs, that would

need to be done, that is who we went with. They ended, Legend actually

ended up stopping our job, they filled the hole, digging up the water leak,

they actually repaired that, but that was on the authority. Councilman

Naylor asked so our only obligation would be? Mr. Shearer said time

and materials for the equipment to dig down, they were down in about

seven or eight feet. Councilman Snyder said you can figure that even

down here on George Street, Aaron had $4500.00 into it. Councilman

Noll said if we are going to send that on, at least Dana document, Dana

was called by so and so, on this date, so we have it as a matter of record.

Write something up. Councilman Snyder said just put that in a note form

and give it to Sandy, that way when the bill comes, we’ll forward the

bill on to them and she can forward those notes with it. This is what

happened, we paid it, now we’re going to ask them. Steve now part

of the record, he knows why we did it, and he knows why we are asking

for repayment. Mr. Shearer said previously on the other hydrant repairs,

they had Kinsley come in to do the work, they took charge of it.

Councilman Snyder said and sent us the bill. Mr. Shearer said and

sent us the bill, the past couple where it was automobile accidents so

we pass those bills along. Its been a long, its been before I worked here,

where we actually fixed the one on our dime. I’m kinda wanting to know

what we’re going to do here in the future. Councilman Snyder said I think

the last one was down there on George Street, that we fixed on our dime.

The secretary said the one that was near the Memorial was from an

automobile accident, and the young man that hit, his insurance refunded

the cost. That’s the last one that I know of while I was back since

2005. Councilman Snyder said that’s the last one that I remember. The

secretary said he asked me about it, to tell you the truth I don’t remember

of a hydrant even in the ten years. I remember another vehicle hitting one.

Mr. Shearer said the thing that worries me, here again, we’re cracking

open another infrastructure problem because there are hydrants here,

that hydrant is fairly new, it dates back to the seventies. There are

hydrants here, a lot older than that. And you know, there again, one

of the things, it’s a matter of time, when we’ll have to start fixing them.

I want to know which direction we’re going in, so when I get a phone

call, saying your hydrant is spieling water, who do I call. Councilman

Noll asked do you know where the agreement is? The secretary said

I don’t really know where it is. Councilman Naylor said there is a

difference between repair and replacement. The secretary said Dallastown

took over where Red Lion was, I don’t know if there was any changes

there or not. Mr. Malesker said as far as regulation. Councilman Snyder

Engineer’s Report(cont.) Page 32

asked could you get us another copy of the agreement since you’re

on the water authority anyways. We’re asking the water authority,

to provide the municipality with another agreement. To be totally

honest with you, the last one we had to repair, I don’t know if

it was around Newton Alley, some where in there, I do remember us

having a repair, I though it was stupid at the time. If we’re paying

rental fees, why do we have to pay to repair them. That would be

like having a tenant pay to fix a roof leak for a landlord. We’re paying

rent. Councilman Naylor said I’m pretty sure we repair then in the

township. Mr. Shearer said that was what I was told, Joe said the

township takes care of theirs, Dallastown Borough fixes theres.

Councilman Snyder said then I don’t understand why we have to

pay rent, I mean if we’re the ones that have to maintain it, we’re the

ones that own it, we wouldn’t have to be paying them rent. Mr. Shearer

said other places I have worked, in past experiences, we didn’t touch

then, that was the water guy, that was their responsibility, if there was

a problem with it, they fixed it. Councilman Snyder said and I think,

they would be willing to do that, but understand they would get Kinsley

in and you’d get instead of a $2000.00, you get a $10,000.00, they’d

just hand you the bill. I think if we can do stuff like that here in town,

because we do have Restuccia, which is why I called them, you don’t have to pay for mobilization, they’re right here in town. Ronnie used

them numerous times for storm water inlets, cause they’re right here

in town. You can save $1500.00 right off the bat because you aren’t

paying mobilization so. Councilman Noll said if its okay, when Steve

gets the agreement, I’ll come and get it from him, drop it off here.

I can call the water authority. Councilman Snyder said I don’t know

it its anything we can renegotiate. I just want to make sure that its

in there. Councilman Noll said some section in there about it.

Councilman Snyder said Steve sitting there, saying I’m not opening

my mouth. Mr. Malesker said I can’t speak on behalf of the authority

anyway, I can’t make a decision so. Councilman Snyder asked anything

else for the engineer?

Storm Councilman Allar said now that we have entered a new year, you’re going

Water to start the survey for the storm water. Mr. Malesker said yeah, I know we

Survey had said to wait till 2010, is it okay to get started. Councilman Snyder said

yeah. Councilman Allar said I just want to clarify some things, its going to

cost around $17,000.00. Mr. Malesker said yes. Councilman Allar said

everyone felt we should use liquid fuels, I don’t recall that actually being

wrote down. Was it a phone call. Mr. Malesker said everything is eligible

for doing it for municipalities as far as doing these assessments. You can

get paid for the engineering. The question was is the camera portion.

Engineer’s Report(cont.) Page 33

I did send a believe Gerry an email about that, in November. Councilman

Allar for the cameraing. Mr. Malesker said the only question I had was

the camera, because I knew the rest was eligible. We’ve done it before.

Mr. Malesker said I’ll check with him again. It’s the same as if you were

to replace a bridge or whatever all that engineering is liquid fuels eligible,

even the inspection of the bridge, can be taken out of liquid fuels.

Councilman Allar said I can see the connection between a bridge and

liquid fuels but storm water, may not be quite the type. Mr. Malesker

said it all has to do with your storm water system, all your storm water

management system is eligible for liquid fuels funds because has to

do with the water there. Councilman Snyder said start that whenever,

because remember we have a deadline to get the grant in. Mr. Malesker

said right. The secretary said because we are doing a survey we didn’t

have to put that out for bids or anything like that, you know what I mean,

for all that, we didn’t have to try to get competitive bids. Mr. Malesker

said no because I believe we were going to do that as part of a professional

service. The secretary said okay. Councilman Allar said another question,

we’re obviously surveying the current system, as part of your survey are

you going to look in other areas that use the storm water system and see

if that meets. Mr. Malesker said it will include recommendations

throughout the borough. Councilman Allar asked the whole borough is

surveyed? Mr. Malesker said yes. It would include recommendations

that there’s no storm water system in place, then there would

recommendations, then there on where it was. Councilman Naylor said

with pipe lines and things like that. Mr. Malesker said that would be

part of the next phase, all the engineering then applying for the grant.

Councilman Allar asked how do you think we can afford the survey,

if we have a problem before the grant. Mr. Malesker said well yeah, there

would be, the whole thing is not going to be engineering for, it’s a

condition assessment and recommendations made. We’re not going

to go through detailed calculations, to do the pipes, we’d give you

an estimate of a pipe here, and then give you an estimate of that pipe

per foot and come up with a total. Councilman Noll said this is to

come up with a total to apply for the grant. Mr. Malesker said right.

Councilman Allar said and we will have a loan before we apply

for grant, they are going to ask that in the grant application. I’m

not sure cause I never done one before, I want to see the documentation.

They will want to see the match. Councilman Snyder said as long as

we say the borough is going to incur the other half. I don’t think you

have to have money in hand. Councilman Allar said no, not money

I hand, we have a letter. When you are dealing with loans, not the

money in hand, but you get an award letter. Councilman Snyder

said I don’t know what this is going to require, I think they want

Engineer’s Report(cont.) Page 34

you to say how you’re going to acquire. They may just say, we

only give you 50%, how much are you asking for. And they don’t

care how you get the other 50%, not necessarily be a loan. I don’t

think they have to be nailed down ahead of time. Councilman Allar

said we’ll find out, I think before we do it, we need to know.

Mr. Malesker said I forwarded to you all the grant application and

that stuff, that was several months ago. Councilman Snyder said

one thing that I would ask when you make your assessment, if

you could like you do on the MS-4, you know how you have it

broken down into quadrants. Mr. Malesker said yes. Councilman

Snyder said for the municipality, could you break down in your

engineering estimate, because you know we only have a certain

amount, we know, because DCED told us, we can only borrow

$800,000.00 so that means we can only do a $1.6 million dollar

project. So if your assessment comes in at 2 million, guess what

we can’t do it all. So in your assessment, can you break it down

enough, so we can say, we’ll do project 1, 2 and 3 and you know

what we have to cut out project four. Mr. Malesker said it would

have to prioritized because you may not get the entire amount

anyways. Your priorities would be your higher phases, you

can pair off whatever projects. Councilman Snyder said so, in

other words if we know, that fixing the Main Street drains and

the bridge and up here, is going to take up the whole $1.6 million,

then we have to do a second phase in order to get new drains say

up at Wilson Court. Mr. Malesker said right. Councilman Snyder

said I just wanted to make sure that it will be detailed enough

that we can, we get above that figure, hey we’ve got to prioritize

and this is where we need to go. I did talk, when I was talking to

the sewer authority, about trying to get them to pay for this,

and I was explaining to them part of the overall project. Mike

Craley did say that they had just went through a $500,000.00 loan

and they repayment was $72,000.00 a year. Now he thought

that was, when I told Barry about that, at that point, he said they

put in a $500,000.00 loan for a fire truck, and their repayment

schedule was only like $15,000.00. To just give council an idea,

for twenty years, just wanted to give you an idea. The secretary said

you said that Barry’s was a $500,000.00 loan at $15,000.00 for

twenty years. Twenty times fifteen is $300,000.00, something doesn’t

add up right there. Councilman Snyder said yeah I know. Well

Mike’s seems awful high at $72,000.00. The secretary said his term

could be, Councilman Snyder said he said for twenty years too.

Mr. Shearer said to start with, $500,000.00, I might be speaking out

of term with fire company business, but I don’t remember that we

Engineer’s Report(cont.) Page 35

financed all $500,000.00. The secretary said so you had some money

put toward it. Mr. Shearer said right. That loan was the 2% state

money, you can only borrow $100,000.00 or something like that.

Not sure what it is. Councilman Snyder said when we get into this

we’ll. Mr. Shearer said I don’t think we put up for the whole thing.

Councilman Snyder said that’s why I was wondering, we’re limited

on what we can max out.

Thank Councilman Noll said I wanted to thank Steve for all his work with

You for all his work on the process of the park. Dana as well, having

eyes up there. Mr. Malesker said Dana you did a good job. Councilman

Snyder said kudos to all, that was an awesome project, it still fell

in time, everyone melted together. Seth thank you for all your work


Maintenance Report

Winter Mr. Shearer said I pretty much only have one thing left, we had some

Operations winter operations recently. As you know we had the big snow storm

back before Christmas, I used the part time workers. And involved

a truck from Strobecks to try to keep up. Have not seen a bill from

Bob Strobeck yet for the truck. We had twenty eight hours roughly

in part time help, their hours for running the two trucks. We did

enact the snow emergency, very far in advance of the storm, still

almost a day out, we discussed putting it in. Worked out pretty well,

we did have some people that didn’t have their vehicles moved

over night, we started at twelve midnight on Friday night, Saturday

morning. By Saturday morning, there was a few people left, and

York Area Regional was able to get everybody moved, I do not

believe they were ticketed, I did not see any tickets. I think they were

able to track down everybody, running late, went on computers to

get those people to move their vehicles. I did have one issue up

at the upper side of East Pennsylvania Avenue, I discuss this before,

either last winter or the winter before, about the parking issue there

and trying to get the truck around. There is a metal pole and a telephone

pole that sits on that corner where Church Street comes up and makes

a left unto Pennsylvania Avenue. As I was trying to plow around the

corner there and not hit the car, I got over too far to the side, lost traction,

went into the pole, did some minor damage to the rear corner panel of

the truck. I dented it in, see if can have Teli come up from Dallastown

to do the body work. He might be able to take care of knocking that out

for us a little bit. But there is to me an issue with parking there on that

corner, and I know the people have no place to go. Overall, it just

Maintenance Report(cont.) Page 36

real tight when you park there. I know I discussed it with Barry, I don’t see how we able to get a fire truck around there easily. But it just, that

whole upper side is big pain to try to clear. We did the best we could with

it, but unfortunately dinging up the equipment. Councilman Naylor asked

is this the piece of the lower to the upper part of Pennsylvania Avenue?

Mr. Shearer said yes. Like I said, I know they have no where else to park,

except right there in front. I don’t know if that is something we need to

look at that we make a section, during an emergency or bigger storms

that they will have to move them. Councilman Naylor asked post it as

no parking? Mr. Shearer said like I said, I really hate to do that, and

just, they have got no where to go, that is the only place they have to

park unless we have both sides of Church Street below, behind the

church, the fire company lot and East Pennsylvania, both sides of that

section are posted for snow emergency. Its just, it’s a nasty situation

there, its tough getting a truck around that corner not to damage their

vehicles and try to damage anything. I ended up, took off the pole,

the metal pole and got the reciprocating saw from the fire house, got

the metal pole off, looked like some kind of relic from the railroad.

The truck was hung up on the rolled curb there and back to the one

of the people who lives on the street up there who was able to pull

me enough to get over the rolled curb before Strobeck Service

came with the wrecker. I had a full load of material, I don’t know

if someone was walking a dog out over there, I would have lost

the truck. Councilman Noll asked how tough is it to post a snow

emergency? Councilman Naylor said like you said, no where to

go with a vehicle. Councilman Noll said to clear anything out of

there. Councilman Snyder said what if we only cleared the one.

Councilman Naylor said that is a strange intersection. Mr. Shearer

said there again, because alley ways weren’t put through, completed.

Its just, I can’t push straight up to where the alley would have been.

Because the people park there that live on the other side of the

intersection. So you know. Councilman Noll asked do you have

information on posting a snow emergency, traffic study or anything?

Mr. Shearer said I don’t think for snow emergency. Councilman

Snyder said we can do it by resolution. The way the ordinance

is set up we just do it by resolution. Councilman Noll said when

we go up to the park on Friday, go there and take some pictures,

to bring to council to look at that. Mr. Shearer said I think probably

would need to have some discussion with the homeowners there

too. I don’t want put a sign up there where they park, and they

don’t have any input on it either. Councilman Noll said it only

occurs maybe once or twice a year, that they understand that they

don’t have access. Councilman Snyder said if we are only talking

about a snow emergency, you’re only looking at, we only declare

Maintenance Report(cont.) Page 37

if its six inches or more that they’re calling for so the little nuisance

snows wouldn’t affect them. If you are talking a snow emergency

situation, in all fairness to play devil’s advocate, we are putting a

pretty good hurting on Broad Street. I know there’s a whole lot

of parking on Broad. We just throw our hands up and say find your

own place, snow emergency and clear out. Councilman Naylor

said you would think even with the lighter snow you still have

to. Mr. Shearer said if its something you have to plow, from one

to six, you still have plow. Councilman Snyder asked is it just

that corner? Mr. Shearer said yeah. Councilman Snyder said maybe

just make that one area, no parking. Councilman Naylor said

maybe no parking from here to corner. Councilman Noll said

go up there and take some photographs, find some solutions

and bring it to council next month. Councilman Allar said Dave

and I met with the Economic Development Corporation and we

York talking about downtown and parking, remember that piece of land

County on East Pennsylvania. Moving forward, to Yoe Borough, if

Economic we were to take it, if its legal, if the trail’s all done. I almost

Develop- can guarantee its not going to be used for the rail trail. We

ment don’t even know if there is going to be a rail trail, no point of

Corp. doing it here because the next person down is not going to

Meeting let us have their property. If we were to take that over, that could

be used for extra parking. Mr. Shearer said there is already

residents there that do park there. And I agree, that would be

a very good consideration for that area. Here again, now you’re

talking parking lots, I think would rather have the trade off

of cleaning snow up in that lot, if they gave me the authority

to clean up snow rather on the upper side. We’re already mowing

it in the summer. Otherwise, I’m doing maintenance on that

piece of property anyway, whether it’s a parking lot or a piece

of grass, I’m doing something to it. Councilman Naylor said

parking lot could be an asset, if the rail trail does come through

then use it. Councilman Allar said it would have to be re contoured.

Councilman Naylor said there would have to be a lot of excavation

there to make it work. Councilman Alllar said the only other

choice is to sell it to a realtor, the problem is, the set backs,

there are going to be a lot people standing in line to buy it. Its

Piece a long piece. You have to think down to the third, fourth, fifth

of Land step before you can start with the first step up here. Look

on East at the aspects. Councilman Snyder said we had actually got

Penna. that close to quick titling it, and the idea was at that point, Ron

had it set up that John Adams wanted to buy it. I think he had

said $50,000.00/$60,000.00 a lot, get two lots out of it. And

Maintenance Report(cont.) Page 38

then the issue came up with the rail trail wanting to come through,

then it became, and if the rail trail’s coming through and you

want to keep the rail trail close to the rail or as close as possible,

its going to difficult if you have houses there. Its going to be

real difficult to have anything so we just decided to back because

we didn’t want to be the reason the rail trail said no, from day

one, because Yoe Borough said I don’t care what you do with

rail trail as long as its not in Yoe Borough. We sort of left our

options open to have a rail trail come through and if the rail

trail doesn’t come through, then go to the next step. Cause yeah,

Ron was saying, $50,000/$60,000 a lot for the two lots.

Councilman Allar asked the conversation was for this kind of

money? The secretary said John Adams was down to look at it.

You’re talking about a few years ago, when people had money

Councilman Naylor said in order to put any kind of business

into this town, whether it’s a commercial property, non commercial

resale, there’s no parking along these streets. A parking lot would

be a wise investment. Councilman Noll said could you put it on

the meeting for next month to have Pete find out how much it

would cost to quick claim it. Councilman Naylor said food for

thought. Councilman Snyder said we were that close to quick

claiming. The secretary said he probably has lot of the paperwork,

research on that. Councilman Snyder said the only thing, and I

never pursued it further, because everything was put on hold,

when the rail trail began, I personally don’t see that happening

anyways but I’m not going to be one to rain on their parade.

I think its way too late, they should have done it back when the

other one went through, when everybody quick claimed. But

I did had one thing that popped into mind, I never brought it

up, because council abandoned the idea of quick claiming that,

but in the very beginning stages of that rail trail, they did an

assessment on who owns the property. One of the things that

their solicitor said, was that after the railroad had abandoned

it reverted back to the property owner, title of the adjoining

property owners. The only problem that I would see, that Pete

didn’t see as far as quick claiming it, is that’s conflict of

interest, it’s a conflict of what the two solicitor’s are saying.

Pete is saying its dead man’s land, and the solicitor for the

rail trail authority is saying, oh yeah it reverted back to the

private property owners surrounding it, therefore if you go

through them, you have clear title to it. I’m thinking if that’s

the case it automatically reverts back to the people. Councilman

Allar said only if they know pretty much who owns it.

Maintenance Report (cont.) Page 39

Councilman Snyder said I don’t know. Councilman Allar said

I asked Jeff Shue, that’s open land. Cause Jason did research,

when he did the survey, and he can’t find any prior owner.

Councilman Naylor said the homes across the street from there

own it, except for at the far end. Councilman Snyder said the

problem is and this tonight with me is one example, this whole

borough was laid out, what we have is upper and lower East

Pennsylvania, this whole borough was reversed. That actually

was East Pennsylvania and West Pennsylvania Avenue is upper

and lower Pennsylvania Avenue. The little stretch where he

got hung up on, that’s Railroad Crossing. Okay. The road, when

you’re talking back when the borough was originally laid out,

its totally different than the way it is now. Which is why we

have an East and West George Street, or North and South and

now we have an East and West. I mean I have some original

surveys from back in this original area, it just shows the railroad

coming through, and its already off the properties, it was already

railroad land. Councilman Allar said if Pete really took a look at

that, that would be outside the consideration for the quick claim,

because if there is a prior landowners. Councilman Snyder said

he already took the position that it can be quick claimed, and to

do a quick claim all you have to do, you were involved in that.

Put it this way, to answer your question, we can do a quick claim,

as Dave found out, just because you do a quick claim doesn’t

exactly extinguish the rights of someone if they have. Councilman

Noll said if they step up you have to deal with them. Councilman

Allar said what I’m saying if doing the research, Jason did the

research, didn’t find anybody. Councilman Naylor said I don’t

think with the majority of that property you’re going to find

anyone wanting to step up wanting to have anything to do with

it. Maybe one, I don’t think he would want to. Councilman

Snyder said I think Stough on the end, he’s the maintaining it,

I don’t know if he ever quick claimed it. Mr. Shearer said

the section in front of his house, I think he already claimed.

Councilman Snyder said we’re only looking mainly, well

we are going to quick claim it all if we’re going to quick

claim it. Councilman Naylor said as much as you can.

Councilman Snyder said I do know that there is some down

at this end, that was quick claimed, there across from that

crossing, I’m not sure if that got quick claimed or not. Councilman

Noll said can we add, are we looking at spending a lot of money.

Councilman Snyder said I know what we were looking at quick

claiming at the time, was from Railroad Crossing, goes up and

Maintenance Report(cont.) Page 40

connects there at the two Pennsylvania Avenues, was to the left

of that. That would nice if it would be to the right of it, which

would be in front of. I’m not sure. Again I talked to Pete,

routinely, as stuff comes up and say maybe for next month’s

meeting, if that’s what council wants, get us an idea, go back

through your notes, find out where you were, and where we

need to go from that point. Councilman Noll asked, and how

much money its going to cost to do it? Councilman Snyder

said I honestly don’t remember, maybe you know Tom, why

did we stop with the quick claim even if we were going through

with the rail trail because I was thinking we should have still

quick claim. Councilman Allar said we didn’t want to do it,

why spend our money, the rail trail was, let them spend the money.

Councilman Snyder said they were going to negotiate to come

through there anyways, why spend the money to quick claim it.

Councilman Allar said and give it to them. Councilman Snyder

said and give it them, and how are you going to say no to them,

that was the thing, we didn’t want to be the holding block out.

I guess that would be my question, before I would want to spend

the $10,000.00 or so, I don’t know if we ever have it survey.

Councilman Allar said yes, all the engineering is done, I have

a copy of the blueprint. Councilman Snyder said then all we’d

have to do is the legal work. Councilman Allar said all that Jason

has, is to be turned over to Pete. Councilman Noll said I know

there was a lot of discussion, we aren’t sure from municipal

standpoint, do we have to send people that way on the rail trail,

yes it’s the correct way to send them, as far as safety. Councilman

Snyder said I can ask Pete. Councilman Noll said that way we

know it its $20,000.00 or just another $4000.00. Councilman

Snyder said I think it would be another three or four. Now again,

we don’t have that budgeted, I don’t know where we’d come

up with it. I can at least say to him, get us back to where we

were, a ball park figure. Okay.

Councilman Allar asked how many did we have that needed to

shovel their sidewalks. Mr. Shearer said we had about eight people.

Shovel Councilman Allar said the same people? Mr. Shearer said the

same people, repeat offenders.

Coal Patch Councilman Naylor asked do we have any coal patch? Mr. Shearer

said I need to get some. Councilman Naylor said I know Broad

Street needs some. In front of 105 Pennsylvania Avenue, that

street patch where the water line goes, I am not sure how long

Maintenance Report(cont.) Page 41

they have to wait to come back and black top it, I think they’ve

gone past. Councilman Snyder asked what do we have on a

street cut, two years? Councilman Naylor said the gas company

did, but the water company. The secretary said the water company

doesn’t need a street cut permit. Mr. Shearer said that was a tap

in that the property owner had to do. Said what Dave is saying,

he hasn’t restored his cut. I’ll check with Dan. Councilman Naylor

is not a becoming an issue. Councilman Snyder said put to keep

after it.

Zoning Officer’s Report

Councilman Snyder reported, complaints for December, he did send out nine

on snow and sidewalk, one for dog waste. Inspected an infiltration pit at Shaffer’s

Body Shop, sent letters to residents on the snow violated. Drop off letters at

Yoe Office, signed certification of use and occupancy for the borough park.

Total hours were 23/4 total mileage of eight. Councilman Allar asked was there

any detail of that inspection at Shaffer’s Body Shop. Councilman Snyder said

he inspected it that’s because of our new MS-4 ordinance, you have to an on

site seepage pit on new construction. Councilman Allar said and that doesn’t

go into the creek? Councilman Snyder said it’s a calculation that you have to hold

so much on sight. Councilman Noll said it’s the same idea as an retention pond.

It’s a large pit you fill it with stone, and the water sits there and it goes down.

It shouldn’t over flow. Councilman Snyder said the only other thing I heard about,

through the grapevine from Sandy, evidently Dan was interviewed for the borough

manager’s position, we haven’t heard how that may affect him to being zoning

officer, if he would get that. We may be renegotiating with Red Lion, I’m sure

Red Lion would be in same boat.

Mayor’s Report

Councilman Snyder said it was a request from the Red Lion Senior Center for

donations. The secretary said we send them one but not until March.

Councilman Snyder said Tom you’re going to hold off on. Councilman Allar

said there’s not enough people, John was asking about it.

Secretary’s Report

LGAC The secretary asked if Councilman Allar would still be on the LGAC

committee from YCPC. Councilman Allar said put me on. The

secretary said she asked for the information to be sent to you.

Secretary’s Report (cont.) Page 42

Thank The secretary said Dana and I would like to thank you for our Christmas

You gift.

Unfinished Business

New Business

YCSWA Councilman Snyder said we received a letter from York County Solid

Notice Waste Authority, informing the borough, to get this out to borough

residents, that the Act 97 of 2008 for Mercury Free Thermostat Act

was enacted on December 8th, therefore it is illegal for any person,

municipality or operator of solid waste treatment to dispose of

mercury thermostats in solid waste.

Notice Councilman Snyder said we were notified by the Department of

Dept. Agriculture that a luncheon will be held Thursday January 14th at

of Agri- Farm Show Complex for the seventh annual Farm Show Public

culture Officials Luncheon.

DEP Councilman Snyder said received information from DEP asking for

Notice support for House Bill 1768 which was for appropriations for

recycling grants. We know any letter we send the state isn’t going

to change, they’re cutting funding everywhere. That’s why we didn’t

get our money, that was the bill ours was attached to. The secretary

said I wonder if we will ever get the leaf loader, that’s been sitting

there for two years now.

YCPC Councilman Snyder said we also received notice from York County

Notice Planning Commission that they have submitted York County

Housing and Development Plan which serves as the consolidated

plan submission to HUD for their approval for the years 2010-2014.

Borough Councilman Noll said the borough’s manager’s meeting, we are

Managers going to host the August meeting up at the park so, the twenty

Meeting eighth of August. I’ll let you know Dana what I’ll need. The

Picnic secretary asked what day is it. Councilman Noll said it’s a

Thursday. The secretary said if you need me, I can make other

arrangements to help. Councilman Snyder said just that if that

date is written in stone to contact Gail. The secretary said

I’ll call Gail. Councilman Noll said it’s the last Thursday in

August. Do you want a waiver? Councilman Snyder said is

that what you are asking for because we will have to pay Gail

to come in an clean up. Councilman Noll said I was just going

New Business(cont.) Page 43

to do that. Councilman Snyder said if Gail knows its going to

be rented out, probably go up. Mr. Shearer said we can handle

that, if we tell her its for us, we’ll take care of cleaning up.

A motion was made by Councilman Naylor that if there is

any fees associated with that, that council will pick up the

tab on it, on behalf of the Municipal Managers Association.

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

Rec Board Councilman Naylor said we had some discussion before about

our rec board, any interest in that at all? Councilman Snyder

said to charge the fee or to get a rec board going. Councilman

Naylor said I think we had to have a rec board in place before

we could charge fees. Councilman Snyder said no we just

need to have a rec plan. Councilman Noll said and that would

be part of our comp plan. Councilman Allar said and someone

was checking into. The secretary said Teresa Ruby of County

planning was going to get back to us, she was going to check

our comp plan from the 1960’s. Councilman Snyder said

but she didn’t get back to us. Councilman Allar said we can

get that into the comp plan, if Seth puts together what we

need. If its not known what we want, we can’t put it into

it. Councilman Naylor said if we need goals. Councilman

Allar said the fees are only be for new developments.

Councilman Snyder said right now we don’t meet the

criteria to do it, if Teresa gets back and says yeah, you can

there was something in there. Councilman Allar said

the thing I’m asking, if that’s started. Councilman Snyder

said this is just a subdivision plan its not a land development

plan. One thing we do have in place, is that screening and

buffering ordinance, by him creating that smaller lot, he’s

really stymieing as to what can go in there. Because all the

water, if he does that, that is like gold for Yoe Borough in

so much as the 2 ½ acres in Yoe Borough, because any

water that he discharges has to be contained in Yoe. The

buffer has to be done in Yoe. If he can get more than

two houses in there I’d be surprised. Cause once he gets

two acres in Yoe Borough, he’s stuck with two acres in

Yoe Borough. And I can’t believe he’s wanting to do that,

what he is putting on that other lot is mostly that bank going

down and he can’t do anything with that. So the only area

he’s going to have is that small pie thing in York Township,

which is industrial and drains to Yoe Borough. He’s going

to have a heck of time of complying with York Township’s

New Business(cont.) Page 44

storm water ordinance. Councilman Noll said it complies

with many regulations. Councilman Snyder said I can’t

see how any development is going on in that little

section York Township. Councilman Noll said they

may be subdividing it to sell it. Councilman Snyder said

I don’t see anything, what he is proposing in Yoe,

strictly two acres, I know what our regulations are, how

he is proposing in York Township, I don’t see if he’s

going to be able to do much with it. That’s how I see that

plan when I looked over, but that was just my opinion.

The only thing that he can do, is that third lot, which I

don’t think York County Planning is going recommend

they do, even though he says he wants to attach it with,

Glenlyn Enterprises, in order to approve this you’re still

creating a land lock parcel. I mean, he should be showing

Glenlyn Enterprises along with that, on this plan to show

that this lot doesn’t even exist. He should be showing

a reverse subdivision with Glenlyn Enterprises at the

same time, with lot three is incorporated with that, otherwise

it’s a land locked parcel. Just saw that right away, just

because he is putting it on with the Glenlyn Enterprises,

your approving subdivision your approving a land locked

parcel. Oh well. To answer your question no.

Payment of the Bills

Councilman Snyder said we do have two other additional, $35.19 to Verizon,

$72.50 to Verizon. A motion was made to pay the bills with the addition

of those bills and as listed by Councilman Noll. The motion was seconded

by Councilman Allar. All in favor. Councilman Snyder said bills paid.


A motion was by Councilman Allar to adjourn the meeting at 11:02PM.

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