Monday, June 7, 2010

Yoe Borough Minutes - May 4, 2010



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on May 4, 2010 at the Yoe Borough Municipal Building,

150 N. Maple Street, Yoe, PA. The meeting was called to order

at 7:03PM by Council President Sam Snyder at 7:03 PM followed

by the Pledge of Allegiance.

Council Members in attendance:

Sam Snyder

Seth Noll

Barry Myers

Tom Allar

David Naylor

Wendy Coble Tyson(arrived at 7:15PM)

Others in attendance:

Sandy Sterner, Secretary-Treasurer Jamie Rubb,

Dana Shearer, Maintenance Benchmark Energy

John Sanford, Mayor Solutions

Pete Solymos, Solicitor

Steve Malesker, Engineer

Stacy Blessing, Newsletter Coordinator

Doug Truax, Kocman Insurance Group

Jerry Pickel, Wildlife Enforcement

Charles Kerr, Resident


A motion was made by Councilman Allar to accept the minutes of the April 6, 2010 meeting as presented. The motion was seconded

by Councilman Myers. Those in favor of motion: Councilman Noll, Councilman Naylor. Councilman Snyder abstained because

Minutes(cont.) Page 2

he was not present at the April 6, 2010 meeting. Minutes approved.

Recess of the Regular Meeting at 7:04 PM

A motion was made by Councilman Noll to recess the meeting at 7:04PM to go into a public hearing for the adoption of an ordinance. The motion was seconded by Councilman Naylor. All

in favor.

Public Hearing Opened at 7:05PM

Councilman Snyder said he is opening the public hearing for passage of ordinance approving and authorizing the Borough of

Yoe to enter into a intergovernmental cooperation agreement to

facilitate the corrective acquisition of energy supplies and services.

It was duly advertised and properly posted. Solictor Solymos said

this doesn’t bind you to do it, but it authorizes you to do it if you

choose to go with the intergovernmental contract. I took a look

at the underlining agreement, this is a copy of the agreement they

have with the City of Harrisburg. I reviewed the agreement. The

agreement I don’t have a legal problem with. We can take that

agreement and fit it for purposes for Yoe Borough. Councilman

Allar said I asked Jamie Rubb to come back tonight for any questions or clarification. A motion was made by Councilman Allar to ordain the ordinance number to determined at a later date,

we think its 2010-01. The motion was seconded by Councilman

Myers. So be it ordained.

Adjournment of the Public Hearing at 7:09PM

A motion was made by Councilman Noll to adjourn the public

hearing at 7:09PM. The motion was seconded by Councilman

Adjournment of the Public Hearing at 7:09PM(cont.) Pg. 3

Allar. All in favor.

Councilman Snyder said he would like to reopen the regular meeting.


Stacy Blessing, Yoe Borough Newsletter Coordinator presented six printed drafts of the spring/summer newsletter to council for review. Corrections, comments and additions were given to

Ms. Blessing at this time and Ms. Blessing thanked everyone

for their input and cooperation. The date was set for the park

dedication as October 10, 2010 from 1 to 4PM. Ms. Blessing

said the printer said for an eight page will be $405.00. For

black on 60 pound colored paper would be $258.00. For the

color it would be $510.00 for this one. For the first one we would get a 15%. Councilman Snyder said we would be looking at

$1000.00 for budgetary purposes. Ms. Blessing said we can

always change to the basic. Can we add a little blurb in the

newspaper to tell the residents that we will be having a spring/

summer newsletter? Councilman Allar said it should be going

out next week and Dana can set up when ARD can deliver it.

Mr. Shearer said it will have to be on Monday that is the only

day ARD is here now. Ms. Blessing asked if anyone is manning

the website. The secretary said Bruce Manns is still the webmaster.

You would have to call him. Councilman Allar said you talked

about getting you software. Ms. Blessing said Microsoft 2007 costs

$170.00. Also they have a 2010 update. Mayor Sanford said

he will check into this matter and get back to Ms. Blessing.

Visitors(cont.) Page 4

Doug Truax of Kocman Insurance Group presented a pamphlet

of the annual insurance proposal for 2010-2011. This is the

third year for workmen’s compensation that is affecting your

premium of your experience modification. It has put a

noticeable affect on your premium. The experience modification

has increased by 25%, this is from the state. The total for the

renewal/annual premium is $26,656.00. We got the information

to U. S. Specialty, is the primary carrier of the property and

casualty insurance coverages. Last Wednesday, the insurance

company brokerage house saying U. S. Specialty is refusing

to insure the dam. We have to have coverage. CNA Insurance

has agreed to provide insurance for the dam, both full liability

and property coverages which is included in the premium.

The deductible is $1000.00 instead of $500.00. Councilman

Allar asked did they say why? Mr. Truax said underwriting

decision. At the premium summary page, there is an option

for terrorism, I did not include that in the first page total.

We have a rejection form available, I would encourage you

to sign. I can not think of a reason why they would want

$500.00 for terrorism. There are no changes to what is covered.

Mr. Truax said the state of Pennsylvania has cap now that

you can only increase an experience modification or decrease,

based on Workmen’s Compensation claims, by .25 or 25% if

that cap had not been affect according to the worksheet

the way the claims and the premium are, that increase would

have been more like 35 to 36%, the cap held the increase another

one thousand dollars. Since this is the third year it, it should

drop considerably. The secretary asked for budgetary purposes

can we review the loss runs to get an idea what the costs will

be for 2011. Councilman Allar said we are considering having

a rail trail in the borough and the question came up on how this

affects our liability insurance, any changes in premiums, is that

something that you have had dealings with in your experience?

Visitors(cont.) Page 5

Mr. Truax said I have had experience with rail trails in Lancaster

County and some other counties within the state, I can tell you

this much I have never seen a rail trail affect the insurance

policy. Councilman Noll asked is that because the rail trail is

held with an authority inside of, instead of the municipality.

Mr. Truax said its not an exposure that they consider as a separately rated hazard for one thing. Now if you’re having expenses in maintaining it and something like that, that could

have a small affect on your liability. But part of your liability

premium is determined you spend on your maintenance operation.

So you could have a little bit of a ripple effect that way. Councilman Allar said we have an email from another agency,

however as this point have had much success, our current agent

has my access blocked? Mr. Truax said insurance companies will only offer one quote to an agent. In other words, let just say,

this particular one, we sent in to Professional Governmental

Writers in February. We were first in, we get the quote. They

will not offer it to anyone else. Secondly if you are already

writing coverages with that company, that’s your account

with that insurance company in this case, we have two different

carriers in your coverages. One is EMC and the other is U. S.

Speciality. This renewal it will be EMC and CNA. An another

agent can not come in a get a quote from EMC. Discussion

continued. Councilman Snyder asked that CNA break down the dam insurance so we can bill that to the other municipalities as part of our maintenance agreement. And he would like to get with Mr.
Truax on the statement of values for the property and we should take a real hard look of them in a couple of months. Discussion

continued. Mr. Truax asked besides Yoe Borough, who do they

serve on a first call basis, I assume York Township and Windsor

Township, what percentage of population does the fire company

serve? Councilman Myers said I can get that. Mr. Truax

Visitors(cont.) Page 6

said right now we have for the workmen’s comp base rate,

before you adjust that experience mod is based on population served on first call. Right now the policy is assigning 3692.

If I take Yoe’s current estimated population for the statistics

bureau, its 1013. Which leaves 2679, just about a little under

10% of what York Township is. Councilman Myers said the

fire company only serves a small percent. Mr. Truax said

around 5%. Councilman Myers said I can get that. Forms

were signed for insurance. Copies will be given to the borough.

Mr. Truax said thank you.

Jerry Pickel presented his standard contract for wildlife enforcement for 2010. Mr. Pickel thanked everyone for the

get well card. There is no increase in prices. I will see

she gets liability certificate faxed to her. A motion to renew

Mr. Pickel’s contract for removal of nuisance wildlife was made by Councilman Noll. The motion was seconded by Councilman

Allar. All in favor. Motion carried. Councilman Allar asked if

anything going on in the county we should know about, rabies

alert. Mr. Pickel said in the near future, if you have a spot, I can put a blurb in there how home owners can slow down wildlife

intrusion on their property, I can do that. Mr. Pickel’s cell phone number is 309-4160.

Charles Kerr introduced himself as the new owner of the former

Bug World property. I bought the building and I’m going to

occupy it. Just came in to introduce myself. Councilman Snyder

said nice to meet you and welcome to the municipality. Councilman Allar said you can read the newsletter and access

our website. Mr. Kerr said Bug World is no longer in existence.

Solicitor’s Report Page 7

Solicitor Solymos said there is no ongoing litigation, you just

adopted an ordinance.

Solicitor Solymos said I have a resolution that Steve is going to

have me draft, for joint application with Red Lion borough to

apply for the H2O grant.

Solicitor Solymos said last Monday Steve and I met with the

Dallastown Yoe Water Authority. They went to raise the tower at Denton Terrace. We were at York Township and they granted

us permission. Mr. Malesker said the tower isn’t high enough

right now.

Councilman Noll said we talked about the inter-municipal

agreement with Dallastown for purchasing materials for next


Councilman Noll said we had talked about the Right To Know.

If we continue to use the tape, Hovis has done a lot of work

for York Township, they recommend a document destruction

policies. Emails are destroyed every thirty days and if we

continue to use tapes destroy after every meeting. Technically

we don’t have a destruction policy, someone could ask for those.

We need a written policy. Everyone recommended to get away

from word to word written minutes. Generalization of the minutes.

Its something that we need to consider due to Right to Know also

the time we spend. Councilman Snyder said Right to Know came into three to four years affect, they just passed this. We had to pass an ordinance, appointed Sandy as our Right to Know officer. We had a set of guidelines. Solicitor Solymos said at that time from the

boroughs association, at that time no litigation. One battle was with email, York County Court of Common Pleas said you can’t have

them. It just came out. Councilman Snyder said go back to that

Solicitor’s Report(cont.) Page 8

original document and modify that. Councilman Noll said you can keep the important emails. Unless you have a policy that says you

can destroy it, they can ask for anything. The secretary said I need to know what I’m suppose to do, what I’m suppose to keep. Councilman Noll said what they say destroy emails thirty days after, print important emails put in the file. Solicitor Solymos said

the best thing is to dig up that policy and have Seth and I get together on it. Councilman Noll said as to Right to Know, there has to be a specific time period and specific project or purpose. Paperwork if we can hand them information right away, if they

fill out that paperwork, they have the right to appeal as soon as

they fill out that paperwork. Specific time frame and a specific reason. Discussion continued. There is a list of reasons why a request is denied, you have to use that list to deny.

Councilman Snyder said there will be an alternate here next month.

We discussed things Solicitor Solymos has to take care of. If you need to get in touch of the solicitor and are having trouble getting in touch, come to me, I have alternate contacts.

Councilman Snyder said we received a notice from EMC, I contacted them, and they’re taking an on hold notice. Our insurance carrier contacted her attorney. That has been taken

care of. It’s a personnel issue.

Councilman Snyder said it was discussed at last budget session

and with what we are looking at with Benchmark and what

we would have to go through with Pete, we’re going to need

this timeline, to think and time to respond too. The notice

from Met Ed, now before the rate increase, our bill has jumped

up $100.00 because of this energy efficiency charge line item

that they are now charging us this year already. One thing that

Solicitor’s Report(cont.) Page 9

we discussed at the budget meeting was if we wanted to enact

a street light ordinance to charge a mileage rate for street

lighting. Like we have the fire protection tax. We can charge

up to I think 6 mills for street lighting tax. That is separated

out in a account for street lighting. We don’t know what savings

we will see through Benchmark. Think about it over the next

couple months, we want to work on that by August so we

can have it in place before budget time. Councilman Noll asked

have we considered getting rid of some street lights? Councilman

Snyder said that is the one question I posed to Pete, and that

is what is the ramifications if we have street lighting now, and

we say hey we want to get rid of them. Councilman Naylor said

I think we should have a certain set of criteria, judging from what

I’ve been looking at, that gives you a reason to, to get rid of a

street light. Solicitor Solymos said once you got it, I think you’re

stuck with it. You need to state why you need to get rid of it.

Councilman Naylor said not only why you need to get rid of it,

I think with this community did, developed information on why

you do need one, then they could eliminate other ones because

they didn’t fall under that criteria. Councilman Snyder said I just

wanted to point out, now this has gone up $100.00 a month before

the rate increase, and they’re expecting 122% increase on top of that. Councilman Naylor said I talked to someone from Met

Ed about the rate increase, and told her that I had heard that the rate increase is going to be over 100% and she said I don’t know

where you got those numbers but that’s not true. Couldn’t tell

me what the number was. Councilman Snyder said the whole point is our budget had to be in affect before the rate increase is in affect.

So unfortunately we don’t , keep in mind, we are hammered with

this insurance premium. We have to keep a proactive approach,

with a street light ordinance, if the street light fees don’t go up

like anticipated, then bump it by half. Discussion continued.

Solicitor’s Report(cont.) Page 10

Councilman Snyder said we received our ordinance books last

month. Everybody have an opportunity to look over the ordinance

books, we have a workshop a half hour before the next meeting,

to go over everything. There is at least three issues, that wasn’t taken care of in the ordinance book. What do we want to do about

a burn ban, fines and citations weren’t adjusted properly, they didn’t put a minimum in and the other thing when it came to the EMA, you need to look over that chapter and report back. That chapter has us applying to the governor, for the governor to appoint our EMA coordinator. Councilman Myers said I thought

that was only when we appoint a new EMA coordinator. That are some of the items. Discussion will continue at the workshop.

Councilman Snyder said there was a question about a letter that went out for pay for salary. That wasn’t suppose to come to us anyways, it was to go to another municipality.

Councilman Allar asked if the zoning officer is going to be at the
work session. The only reason is we have to come up with verbage.

Things that are going on in the town. I would like to ask the zoning

officer, are you comfortable to enforce this particular property.

I want to hear the zoning officer say its good. Solicitor Solymos

said once you get into that, you may need me. Councilman Snyder

said we will get questions. We can mark things down and ask


Councilman Noll said we went around town with SSM to look at the rail trail and at access to the trail. I am concerned on the liability side of this, because we don’t know where people are

going to cross Main Street. They want the municipality to adopt the trail within their municipal boundaries. Be responsible for the maintenance. The big thing is if someone gets help. I asked Pete

Solicitor’s Report(cont.) Page 11

that question and he thought that it was a possibility especially

with when we maintain. Solicitor Solymos said there are

exceptions to the sovereign immunity rules, roadways, sidewalks.

I think a rail trail would fit into that category. Councilman Allar said there is no decision on the maintenance. On maintenance

and operation, there is at least three options that I know of.

Solicitor Solymos said you should find out where you are going

with that, because its still going to be maintenance of ours.

I would like to see where the cuts are suppose to be. Councilman

Noll said we want them to be the recommending body. Councilman Allar said they want our point of view but they

will come up with their recommendations. Its going to Yoe Borough’s decision if we don’t want to have it. Councilman Noll said its question that I’d like to have answered, its a lot of money

to put in this thing, we need to know about the liability. Discussion


Councilman Allar said on Benchmark, Jamie Rubb is now here, if anyone does have any issues. Councilman Snyder said

based on what I read in the minutes, sounds like a good plan,

we passed the ordinance to enter into that agreement. We didn’t enter into the agreement yet. Discussion continued.

Engineer’s Report

Mr. Malesker said we had emails about violation notices from the

Conservation District spurred Eric Jordan to go to the site, Flyway

wasn’t using a bypass pump they used a diversion channel,the

reason why was because there was so much water from the spring

area near Fitz and Smith that if they caught the dam up by the fence, there was too much other water coming is so they used the

diversion channel to be able to dredge efficiently. Eric wanted them to modify the construction sequence. Tom did set up a

Engineer’s Report(cont.) Page 12

meeting with Eric down there so that did save a lot of time. Basically worked out everything on site and I haven’t heard

anything else from him. Councilman Allar said Mr. Jordan had mentioned he wanted an E & S Plan and I remember that we

had talked about this. I gone back to meeting in October where

this was discussed. You said it was a year ago when Jason talked

to Eric and Eric said that a plan wasn’t needed. Councilman Allar

said Eric denied that conversation. I asked for something to

document change in requirements. They talked about shutting it

down. There was a letter from September 16, 2010 from DEP.

Conditions were listed, a condition of the approval. Mr. Jordan

said we are not following a DEP approved plan, the plan calls

for a by pass pump. Discussion continued. Councilman Allar said about the super silt fence at the Red Lion dump site per the E &

S plan. Councilman Snyder said I got a call from Eric Jordan the

day he was down, he said it was no big deal. Councilman Allar

said that’s after we bailed water to get this thing back on track.

Councilman Snyder said he called before the letter even went out,

Mr. Jordan said he was down, the guy complained, there were some problems, to be totally honest its going to work better the way they have been doing it at the site. The only thing I saw was a big issue was why there wasn’t an E & S plan on site and he said

he already talked to so and so that was on site who is a C. S.
Davidson guy and they are already working on it. He said I just

wanted to let you know that you’ll be getting papers in the mail.

But everything has been addressed. Councilman Allar said they

were addressed at the Friday on site meeting, it had to be done by close of business. Councilman Noll said I think it comes down to one simple question, sounds like an E & S was required of some

sort, how did we get from here to there. Mr. Malesker said we

actually have some correspondence, but Jason asked Eric Jordan if

he wanted a copy of the plans, he said no this is a federal permit,

its no my jurisdiction. He didn’t send an email to Jason, he told

Engineer’s Report(cont.) Page 13

him verbally that. We did not provide Eric with a separate plan.

He did not deny that to Drew, he said I could have but I don’t remember that conversation. I could have said that. He did know this was a federal permit, that DEP approved all the measures.

We notified him by phone call. He got involved because someone

complained so he had to respond, then saw that they changed

what was on our plans. Which they had to do. They should have

notified Eric that there was a change, but since he didn’t want

a set of plans anyway, they did not do that. Councilman Allar

questioned the DEP letter, about the plan. Mr. Malesker said

we did have a plan it was called the restoration plan, there were

E & S plans on there. Discussion continued. Mr. Malesker said

what Mr. Jordan really wanted was a construction sequence

describing what they were doing because it was different than

what our plan showed, otherwise what would they have to change.

The only thing that changed was the construction sequence.

Discussion continued. Councilman Noll said DEP is the enforcer, I am just confused about some of the things that Mr. Jordan did.

I think they were out of line to a point, but he had to follow up.

Discussion continued. Councilman Noll said to sum this up, Flyway should have had better documentation, Jason should have

had some documentation for the file, sounds like with everybody’s

efforts we are not going to be fined, and its not going to cost us anymore money and hold us up. Mr. Malesker said it was Flyway’s idea to change the construction sequence. They can’t ask for

more money, they wanted to change it in the first place.

Councilman Noll said we have to be careful with our maintenance

practices. Should we set up a meeting with Eric? Councilman Allar

said I already went over that with him, he is alright with.

Councilman Noll said we better get that in writing. Discussion

continued. Councilman Allar said look at the rock filter and the

amount of sediment in the lower basin. Councilman Noll asked

Engineer’s Report(cont.) Page 14

that we set up a meeting with Mr. Jordan and get something down

in writing. Councilman Naylor said that would show our best

intentions. Councilman Allar said I covered the options of taking

it to Red Lion, I covered putting it on site. I don’t think it really matters if we dredge it with a back hoe or use a vacuum machine.

But as far as moving the dirt itself, we accumulate it for five

years we will need an E & S plan. I talked to Red Lion and I

talked to Steve, Jeff and Drew and I still don’t know what the

capacity is of the approved E & S plan. It can be amended.

Mr. Malesker said its going to be what’s left after they take

everything over. Councilman Allar asked is it something we

can look forward to using over the next three or four years.

Councilman Noll asked Dan Shaw, what is your intent

with the dirt, Mr. Shaw said we want to use it on the new

fields as soon as possible. Councilman Allar said they can’t agree on any of this stuff. I think we might have a year or two then

that will be it. Mr. Malesker said its in the drawings, you have

the drawings. They need three more days to have everything

out of there. After they grade it out, we can tell how much

they have left.

Mr. Malesker said if you want to discuss this under maintenance

options. I attached a change order proposal from Flyway, to put in #4 ballast along the edge of the basin adjacent to the sediment

traps just to help stabilize that. They said it would be $14.95 a square yard, that is basically 350 feet long and twelve feet wide

the entire length along the sediment traps. Probably don’t need

that much but based on that, it would be $6279.00 to put the

#4 ballast in. The other option would be to direct it with a back

hoe. Bob Miller didn’t think he would need anything. Tom

wanted to get a price on this. Councilman Allar said we asked

Steve to get some numbers for us. To try to maintain the first

Engineer’s Report(cont.) Page 15

three J hooks. I calculated out about one major dredging/vacuuming/maintenance a month. We have

4000 cubic yards in there now and that’s over ten years

so that’s on average 400 a year. You divide twelve into that,

you have 33. 3 cubic yards per month. Its actually more,

it is when the building took place that the sediment began

to build up. Its probably about 40 cubic yards per month on

average. We are looking at twelve times a year, with something

to get that stuff out. Mr. Malekser said I’d be surprised that you’d be in there that often. Dana and I met with Brubaker who has the vacuum excavator truck, for two guys and the truck. For two men and the truck its $172.00 an hour. He said he would be very surprised if it would take him more than a day to do it. What he would like to do, once all the rock veins and the rip rap is in

place, he would like to come down and look at it then, and give

us a better idea. We would like to get two more prices on that.

They would be willing to work out some kind of maintenance

agreement. We can ask the same thing of Kleins. Councilman Allar said that is if we have a dump site nearby or on site. When Red Lion runs out, that is an added charge when that happens. That was to remove it, and they would remove it to on site or Red Lion.

Councilman Noll said it’s the travel time for the hourly rate. Councilman Naylor asked if someone contacted Fitz and Smith.

Councilman Noll said in the beginning of June get Brubaker back,

Kleins, Fitz and Smith and compare the methods and costs.

Discussion continued. Scott Depoe from York Township said he would rather see this contracted out per his conversation with Mr.

Malesker. Discussion continued. Councilman Allar said if there is more monies for maintenance, it would be considered extraordinary, then the agreement would need to be renegotiated.

Discussion continued.

Engineer’s Report(cont.) Page 16

Mr. Malesker said unto the park, we did meet with Legend

Construction, we went over the punch list items and a few

extra things. They didn’t get everything completed that we went over with them so there are some outstanding issues. I talked

to Mitch, and they’ll be back next week. Councilman Noll said

there are minor things. They did some grading, missed the pads for wheelchairs at the benches, nothing major. We need to get the

grass up. Mr. Malesker said he sent DCNR pictures, she wasn’t happy with the pictures because the grass wasn’t growing.

Mr. Shearer said it is sprouting. Councilman Snyder said the

letter of completion was signed. We need to get these photographs out to them showing growing grass then after that we should

expect final payment. Councilman Noll said I think it will be

the beginning of June until the grass is growing and established.

Councilman Snyder said when I got the notice, the way they

wrote the letter, it was sort of like we passed the deadline.

I contacted Steve on that, he got on that. Mr. Malesker said we talked to her, and she was fine with that.

Mr. Malesker said the mitigation plan, I brought six copies that’s ready to be submitted to Mike Danko. Worked with Jake on that.

I gave those to Sandy. Councilman Noll said how soon will

York Township get theirs? The secretary said the mail will go

out on Saturday. Councilman Allar said Jake has done the Growing

Greener application. Councilman Snyder said that’s already signed. Councilman Allar said once we get a verbal from Danko,

we can tell the township that this is it. They need to get the issues of design and construct with the grant monies solved. The money

runs out in 2011. The permit will take about a year.

Mr. Malesker said Pipe Services will be here next Monday and

Tuesday. The spring feed lines will be done on the 11th.

Engineer’s Report(cont.) Page 17

Mr. Malesker asked that Dana be here for assistance. I will

be here for the spring fed lines.

Mr. Malesker said one of the things Brubaker does is directional drilling. While they are here we might as well get a price from

them to see at 147 S. Main Street where it comes out that driveway. One option was to put an inlet in the street there and

tie that inlet across the street. For them to do a directional bore,

put an inlet across the driveway, to the inlet across the street it would be over $8000.00 to do that. I also had them give a price to do a directional bore under the sidewalk to the inlet which is a lot longer route, that is $13,000.00 to do that. I have that estimate,

they sent it right before five o’clock and I did forward it to you Dana via email. I wanted to see how much it would cost. To bore under the sidewalk is $235.00 a lineal foot. Prices are good for

30 days. Mr. Shearer said we would need two other bids for under

$10,000.00 bids, have other people look at the job. When we had

that meeting with Ned Harms about boring and not tearing up

the street. Because of the uncertainty to tie into the H2O grant,

need a solution to try to get rid of the water. The Johnson property

is up for sale. Mr. Malesker said speaking of May 11th, we will

need permission to get into those houses. Mr. Shearer said he

didn’t get to drop off to the one house.

Mr. Malesker said the H20 grant is due July 1st. What I haven’t given you, what I gave you was the condition assessment price

was up to the grant application itself. What I have on here is the

price, this is what an H20 application is like, this is one that we did in 2009. When you do something like this, its around $6000.00 If

you combine with Red Lion and do a resolution to do it together,

there would be cost savings, it would be $4500.00 per municipality. Councilman Allar asked did you talk to Jeff.

Engineer’s Report(cont.) Page 18

Mr. Malesker said the meeting is Monday night, they have

75 inlets that they want to replace. I did attach a sample resolution on there. We don’t know what the total cost will be. We’ll

know more for the next meeting. If you did agree to move

forward with that, with Red Lion, you would need to that to execute it. The application is due July 1st. Councilman Snyder

asked will you have our numbers by June 1st? Mr. Malesker

said yes. Mr. Shue talked to them at a staff meeting, Dan does

want to do it. Sounds like they are on board. They are very

interested. Mr. Malesker said your chances are much greater

when you have multiple, if you call it, you could call it, that

the intent is also to include Dallastown on a regional storm

water authority. Councilman Allar said you do have a some sort of administrative umbrella over the project. Mr. Malesker said you will mention that you are working together on a comp plan.

Councilman Snyder said I don’t know what they have for their

scope, when I had that phone call with Eric Jordan, he actually

said he did a walk through before he walked to our dams. Our

problem isn’t as much with York Township and their development, its with Red Lion Borough. There are two distinct pipes in the

area of the old trestle, that are eroding away and they are concrete

in nature. They’re actually starting to collapse. The one has eroded

over twelve feet. That’s where most of your sediment is coming

from. He thought it was a Red Lion Borough pipe. I don’t know

where the municipal boundary is. Just in the year, he went back

to it, and there is additional twelve foot erosion. Councilman Allar said I walked it with Miller and Jason. Mr. Shearer said that’s not

saying Red Lion is responsible for ½ of it. Councilman Snyder said I didn’t know if that could be considered in with the H20 grant because here we are talking about maintenance, if we are looking

for this money and see if they won’t add that into their project.

Councilman Allar said you may want to point that out to Jeff Shue.

Engineer’s Report(cont.) Page 19

So you want Steve to talk to Jeff. Mr. Malesker said I met with Brett the roadmaster, he said we are putting a lot of sediment down there, we want to replace those 75 inlets and that would be something they would address too. Councilman Snyder said I just

wanted to bring it to your attention. We are looking at redoing our entire storm water system. There is silt coming from there.

And tap Eric Jordan on that. Mr. Malesker said I won’t know until Monday if Red Lion is going to do it. Councilman Snyder said it appears that we were erroneous on the first scope of work from the engineer on this project we failed to take into account what we were going to do when we got the assessment. A motion was made

by Councilman Noll to include in the scope of work for the engineer to prepare the proper documentation grant applicable to secure funds for this project, it will be around $6000.00 if Red Lion doesn’t join in and $4500.00 if they do. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said you just need to change your scope of work and see that the borough gets a copy. Councilman Snyder asked that this be sent to me in a word document. Mr. Malesker said Pete is under the

impression that he does it. Councilman Snyder said if you talked about it, then he knows it needs to be done. If you don’t have it back in time, you let me know and I’ll take it from there. You are clear on that, you present him a deadline, if he hasn’t met that deadline, get back to me. Mr. Malesker said I’ll send him an email tomorrow.

Mr. Malesker said I will need a point of contact person, someone that signs the paperwork and someone that we can ask questions as we are filling out the H20 grant. Councilman Snyder said I would

be the most accessible. Mr. Malesker said there is information on

history of the system and things like that. A motion was made by

Councilman Myers to appoint President of Council or in the

Engineer’s Report(cont.) Page 20

absence of the President of Council, the Vice President of Council

be the contact person for this H20 grant application and make appropriate signatures. The motion was seconded by Councilman Noll. All in favor. Motion carried.

Mr. Malesker said you did get the MS 4 violation. You are not alone on that, the EPA got involved because they didn’t feel

DEP wasn’t doing their job in overseeing it. EPA got in trouble

from the Chesapeake issue, its not clean enough. They got

fined. There is a meeting tomorrow, to help iron this thing out.

A lot has been addressed. Its not a big issue. It will be something

we will take care of.

Councilman Snyder said good news, she received it April 25, 2010. But we did received the $11,088.00 from DCED. All

they want is to make sure prevailing wage is met. The secretary asked where does it say that the prevailing wage has been met.

Mr. Malesker said its in the spec book. Councilman Snyder said

its going to be DCED. It’s the responsibility that we show the

prevailing wage in all the bid documents. That was done, we knew at the time. We don’t need to send them anything at this time.

At the end we may have to provide that to them. They’ll send more

information. You’ll have to have separate account for it. According

to what I was told, because for the grant cycle I had applied for, it should still fall under those guidelines. This should qualify even if we already spent the money. This was just the award letter.

Mr. Malesker said you will probably get the invitation for the

June 8th Revolution game either by email or by mail, probably

just easier to mail it to your houses or email it here. Councilman

Snyder said I apologize most of my communications is via

email for those who don’t have email. So in your instance send

Engineer’s Report(cont.) Page 21

it via mail. Mr. Malesker said there will be instructions.

I’ll probably drop the tickets off here.

Councilman Allar said last month I asked Dana to check on fence prices. We met with Security Fence and got two proposals.

I think you were here that Dana mentioned putting a fence in,

$1930.00. Another option is setting the fence, that is going to

require two gates, the whole thing is $2400.00. So there is nothing we can do right now, just wanted to mention it. This is the other contractor, Security Fence is a little better, so I won’t mention, with the same items. Mr. Shearer said moving the fence came from Brubaker. If we go with the gate, the gentleman from Brubaker asked that we do a little grading just past the pole at the upper end because there are a little bit of a slope issues there. To get the truck

in there, depending on the time of year. There may be some additional expenses if we don’t move it. Councilman Allar asked could be do the grading. Mr. Shearer said as long as the gate is there, level it out. Councilman Snyder said at this point we don’t know who would use for maintenance. The gentleman from York Township, well Tom, I can tell you, if I have to get my back hoe in there that guide wire won’t be a problem. If we end up going with York Township, we won’t need to move it. Mr. Malesker said either option, moving the fence does make sense because it does give you a lot more room. Discussion continued. Mr. Malesker said suggested doing a materials bid. Councilman Snyder said

next year we plan on going in with Dallastown in materials bids.

So wait until next year.

Zoning Officer’s Report Page 22

Councilman Snyder asked if everyone had time to review the new revised building permit. Councilman Noll said I updated it, I put on the there the PA contractor’s number for residential we talked about it and also the wet paint information. A motion was made by Councilman Naylor to accept the new permit application form.

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

The secretary asked if Dan has the new permit application and it becomes effective tonight, correct. Councilman Noll said I emailed it to Dan and correct it becomes effective tonight.

Councilman Noll read the zoning officer’s report: four complaints were sent out, building permits:four: demo garage, driveway,

flag pole, fence. 22 miles and 3 ½ hours. Copies of the violation notices are in the folder also.

The secretary said they contact us if they want to discontinue the contract and they have to give us thirty days notice. We haven’t gotten it from Red Lion.

Councilman Noll said there is a typed list of four places that the zoning officer should check out. Mr. Shearer said it was put through the mail slot.

Maintenance Report

Councilman Naylor said I met with Dana and we received a quote from Restuccia for a 2 by 2 box up on Elm Street, 15 feet of drain

pipe. The price is $1550.00 installed. The area is in front of the

former Mr. Bull’s property. Mr. Shearer said the new inlet that is there does not catch the water. There tends to be a pond there. It will cheaply alleviate that and get into the storm water. Councilman Naylor said it will erode the roadway. A motion was

Maintenance Report(cont.) Page 23

Councilman Noll to install this box and to use liquid fuels monies to pay for it. The motion was seconded by Councilman Myers.

All in favor.

Mr. Shearer said we started working on crack sealing with Dallastown today.

Mr. Shearer said I attended the class on the dirt and gravel road

last month. They will send me a certificate in the mail.

Mr. Shearer said I had to do some edge work and repair where we torn up some grass with the plow.

Mr. Shearer said I did get the sign posted at the park for closure.

Mr. Shearer said we have a few things to do to get ready for the first park rental on May 15th.

Mr. Shearer said you might notice that there is some tall grass at different borough spots, we are working on getting that taken care of.

Mr. Shearer said we had some equipment issues and borrowed

Red Lion to get work done

Mr. Shearer said the work crews are down to one day a week on


Mr. Shearer said I will be off on this Friday using the President’s Holiday when I had to work for snow removal.

Maintenance Report(cont.) Page 24

Mr. Shearer said I did file for a building permit. I called Code

Administrators, haven’t said when its ready or how much it will be. I plan on using the demo from the vac truck to dig that out.

I already one called it.

Mr. Shearer said I did get a call from Ken Smith from York

Housing Authority. That curb in front of 106 S. Main there at the corner of Broad Street, where it has those holes that go into that cavern under the sidewalk. I said that, since that is on the street side, I told him we will put a temporary patch on it. They inquired if they were responsible or them, as soon as I get time I will patch that.

Councilman Snyder said now that you attended that class. We missed that year’s deadline, is there a time when we start applying for the next year. We want to make sure its done by the end of the

year. We want to make sure we have plenty of time, and have our t’s crosses and I’s dotted. Mr. Shearer said it’s a simple one

page application. To rebuild the road with base material, if we decide we can rebuild it with base material, but if we decide

we want to re top it, would have to use a surface aggravate.

Wearing course has a whole different set of rules. We need to

look at some prices.

Councilman Allar said speaking of permits, actually it’s a license. We keep talking about his ability to spray weeds. Can you grandfather him under your license. Mayor Sanford said I don’t think so. Councilman Allar said in another month, all these weeds will be popping up. It makes the town so ugly. Councilman Myers said it would have to be a right of way category. It’s a business license, with a right of way category. I’ve been told that know of them are open book anymore. You have to study for them. I will

Maintenance Report(cont.) Page 25

take care of it. I will get his business license and check into the category. Sometimes the categories will cross each other. Tom,

I will take care of it for you.

EMA Report

Mayor Sanford said I need a resolution signed to name me as the

agent to do business for the snow emergency. It will be resolution

2010-2. A motion to resolve Resolution 2010-2 was made by

Councilman Noll. The motion was seconded by Councilman Myers. All in favor. So be it resolved.

Mayor Sanford said as far as the snow declaration we were at a meeting, there is another meeting May 11th, which I will attend.

We are well on course. Right now we are slated to get 75% of the money from FEMA with the possibility of getting the remaining

25% from PEMA.

Mayor and Police Report

Mayor Sanford said I passed out a report, I might as well continue to do this, it shows the police report for February and March which you can reference. You all got copies of that. Also at the bottom,

I tracked my activity for the month. A copy is included with these


Mayor Sanford said at my convention in Pittsburgh last weekend I was presented with a flag as a gift. So I will forward that to the President to be put on our new flag pole.

Secretary’s Report Page 26

The secretary said you received the information on the CD’s that

are up for renewal on Friday. They have a nine month no penalty.

We are getting a little interest and we can pull the monies out

without a penalty. I recommend that we renew it, all three of them.

Some of the money I received for liquid fuels and capital reserve I had to put in the money market account, I’m take that and put that

into the nine month no penalty. A motion was made by Councilman Myers to continue with the nine month no penalty funds. The motion was seconded by Councilman Allar. All in favor. Motion carried.

The secretary said I had a phone call, I know the park is closed.

A resident named Mark McCowski, he lives at 92 E. Pennsylvania

Avenue, he is getting married on Saturday, he wanted to know if he can park his cars at the park and walk through the grass. Councilman Snyder said the park is closed.

Councilman Snyder said most of the stuff was taken care of by

email sent out in Monday. This was sent to Seth and myself,

financial update with the budget. The DCNR funds of $7000.00 has been taken care of, expect that in August. About the $16,000.00 paid for engineering and we only budgeted $25,000.00, to go back through those line items. Unless it was coming from the

dam, most of that should be taken care of. Make sure anything, that money, we are getting that money it back. We will get that from the DCED. The extra money from Doug Truax, we are going to

hopefully lower some premiums. The $1000.00 for highway maintenance, the monies for that inlet is being taken out of liquid fuels. Money was earmarked for the money for the park from the

cable franchise monies for this year. The other items, are okay.

The secretary said you got the quarterly bank statements. Councilman Snyder said its our fiduciary to go over them.

Unfinished Business Page 27

There was no unfinished business.

New Business

Councilman Snyder said Yoe Park now has an address of

230 E. Philadelphia Street, Yoe, PA 17313. It was brought

up the park rental coordinator for safety concerns, she said it wasn’t coming up on the GPS. County control will pick it up from the post office, it will take a couple of months to go through.

Councilman Snyder said we received information for grants,

we don’t qualify for any of the four.

Councilman Snyder said we received a memorandum from York

County Planning and it was a 2009 Consolidated Annual

Performance and Evaluation Report concerning how they

expended the CDBG program and that is on file.

Councilman Snyder said this came in, we received a new map and an ordinance from York Township, they are updating their

official map, so they’re notifying everybody. I looked at the map our boundary didn’t change. We don’t have to make any comments. That is here on file at the borough.

Councilman Naylor said I’ve been checking into the street light situation with the upcoming increase. I won’t get into that tonight. Everyone take a minute and when they are driving through the town and look at the output of the lights. We have 15 250 Watt

lights I think they are on Main and George Streets, the rest are all 100 watts. If we take those 250 watt and put 100 watt bulbs in,

that will take care, about 10% of the 14% increase, I believe.

New Business (cont.) Page 28

I think 250 are pretty bright. Councilman Snyder said they

consider that unmetered electric, they charge a flat rate because of the wattage of the bulb. Councilman Naylor said I think I calculated it right. I think we would have to have Met Ed and come out and do that. Councilman Noll said everyone look at the bulbs over the next month. Councilman Snyder said how can you tell,

what wattage is. Councilman Naylor said I have a list of all the pole numbers. You can tell the difference. You can take a look at the one up the hill. I went up Main Street and made a right on

Philadelphia. The one at the square might be the only one we might want to keep that way. I would have to look into it, more detail. Met Ed does not support LED technology. If we wanted to get out of our contract with them, at that point, we would have to install poles, we would have install lights and do the services unto those lights. Really expensive.

Payment of Bills

Councilman Snyder asked if everyone had an opportunity to look over the bill list. I do have one additional bill: Rick’s Ace Hardware: $246.52. A motion was made by Councilman Allar to

pay the bills as presented with the additional bill noted. The motion was seconded by Councilman Noll. All in favor. Motion carried.

Recess of May 4, 2010 Meeting

A motion was made by Councilman Myers to recess this meeting of May 4, 2010 until 6:30PM June 1, 2010. The motion was seconded by Councilman Noll. All in favor. The meeting is in