YOE BOROUGH PG. 1
150 NORTH MAPLE STREET
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.
Minutes
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
there.
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.
Adjournment
A motion was by Councilman Allar to adjourn the meeting at 11:02PM.
The motion was seconded by Councilman Snyder. All in favor.
