Monday, December 13, 2010

Yoe Borough Minutes November 9, 2010



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on November 9, 2010 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7:02PM by Council President Sam Snyder beginning with the Pledge of Allegiance.

Council Members in Attendance:

Sam Snyder

Seth Noll

Tom Allar

Jamie Tyson

Wendy Coble-Tyson

George Howett

Barry Myers (arriving at 7:29PM)

Others in attendance:

Sandy Sterner, Secretary-Treasurer

Steve Malesker, Engineer

David Cook, Solicitor

Dana Shearer, Maintenance


Councilman Snyder asked if everyone had the opportunity to look over the minutes from the prior meeting. Any additions or corrections? Councilwoman Tyson said she would like to look at a correction from when I was being sworn in. Page 22. Councilwoman Tyson, she wrote that Councilman Snyder said let the record reflect that Ms. Tyson did partake in any of the voting leading up to this swearing in. The secretary said I should have added a not. Councilman Snyder said very good, any other additions or corrections?

A motion to accept the meeting minutes of October 5, 2010 with the noted corrections was made by Councilman Allar. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said minutes approved.


Councilman Snyder said let the record reflect that there were are no visitors here tonight.

However because Dana has some prior commitments, we are going to move the agenda around, and hold the maintenance report.

Maintenance Report Pg. 2

Mr. Shearer said the report is there. The biggest thing for the month is we did get Broad Street done. Next year we’ll overlay the rest of the street.

Mr. Shearer said cleaning up so leaves. Getting ready for winter. Hope to have the salt box by this weekend.

Councilwoman Tyson said the light up at the Yoe Park, they said a light comes on with a motion sensor when people move in that area. A resident asked me to bring this up and to remain anonymous. I was wondering if there can be a light put up there with low wattage around the parking lot. Mr. Shearer said we have four dusk to dawn lights there. We replaced six lights that were on dusk to dawn, we had a high electric bill for them. Mr. Malesker said we had some complaints also. Mr. Shearer said we talked about adding another at the pole right there. Councilmen Noll and Snyder said that they think its an enforcement issue. Councilman Snyder said park closes at dusk unless its rented. Councilman Allar asked is that posted anywhere. Mr. Shearer said there is one posted right there at the parking lot. Right next to the dumpster. Councilman Noll asked could we have one posted right at the bottom of the hill? Mr. Shearer said we can move one down there. I put that no outlet sign down at the bottom of the hill. The sign down there for the video cameras. At the park entrance. I can do that at the pole on either side.Councilman Noll asked and also do we have to put up any kind of violation notice up. For the police to enforce anything. Solicitor Cook said it would be beneficial if it included language, if you are found in the park after dark you would be subject to prosecution for trespass. Because if you posted it, it’s a different grade of trespass.

So if you put on notice that they are trespassing after dark, gives the police more leverage. Mr. Shearer said I think we have language in the ordinances to cover that, if I’m not mistaken. Councilman Noll said we found a lot of times if its posted it, you may reference it. Councilman Snyder said I’ll tell you what if that’s the way we’re leaning,

looks like I am seeing a consensus of council. Try to do enforcement first. Dana, since you are going to have to take care of ordering the sign and since the Mayor is not here, and not sure when we can get with him and coordinate something. Why don’t you take this bull, you contact the police, say this is what we want to do, we want to post this, you tell me what I need to order, and then I properly post it. Once its posted, you tell them, we will inform them, and you don’t have to tell them we expect enforcement, that’s when I’ll have time to get to John once that’s taken care of, we expect heavier enforcement.

Mr. Shearer said I think Dallastown has a sign up there. I’ll look at it. Solicitor Cook said it probably would say something to the affect, park open, dusk to dawn, violators subject to prosecution under Title 18, whatever the section is. Councilman Noll said I usually found that the police supply the verbiage. Councilman Snyder said since you are the one that will be ordering the signs, see what they want, see how many they want, and that way there is no miscommunication. I can update him, and say this is what we’re doing and just get with Chief Gross to make sure its enforced. Once you send out the notice that the sign is posted. Discussion continued. Councilman Snyder said one thing Jamie, once we have this in place, encourage them to contact the police. Councilman Noll said he will

Maintenance Report(cont.) Page 3

to get the silt fence down at the park, yank that out. Get a truck and then take the fence to a construction dumpster. Mr. Malesker said is there anything else at the park that needs to be addressed, December is the end of the warranty period with Legend. Councilman Noll said Legend is not in business anymore. Do you know of anything Dana? Mr. Shearer said no, the grass came in pretty well, as far as leaf cleaning up, with having less trees there is a lot less leaves. Trying to get some good soil back there. Chopping up all the leaves and making them into mulch for the soil. Taking out all the rocks and stuff. Erosion seems to have stopped. There in the corners by the bathroom.

Councilman Allar asked have you heard from Tim from Fitz and Smith. Mr. Shearer said I actually talked to him today. And I know with the conversation that I had with Barry today, I know you talked to him too. Not there yet. He assured me, he is working real hard to get there. I guess with the end of year time, tying up a lot of jobs before winter.

Councilman Allar said if you talk to him, to let us know when he is there. I’m not going to know. Mr. Shearer said right now, we’re not having any super heavy inflow. We’re not having as much inflow as we initially did. Removed that cork from the bottle at first. Its holding pretty steady. Discussion continued. Mr. Shearer said there’s a lot more capacity there now. All the rip rap on that Dallastown side, as well as water that comes down from Dallastown there, that seems to be wearing fairly well. Not getting a lot of stuff from the Paddock right now. Councilman Allar asked are you still taking pictures? The outlet from the Paddock with sediment, keep taking pictures to see if the sediment is causing migration. Mr. Shearer said once we get some of this material dredged out of the veins, talked to Tim, get some of that dried out. Fill in some spots along the walls. Councilman Allar said there was a lot of sediment down there, when Danko was commenting, all the wetlands not just the first basin. A lot of it migrates. If its not following the creek. Mr. Shearer said there is some vegetation in that area of the upper basin in between the outfall and rip and rip. Hopefully during the winter, get that cut back. Springs are located right there in that area. I may lay in some rip rap along that bank on the top, get something stable there. I mow in there, we keep mucking it up. It’s a no win situation. I cause more erosion. Councilman Allar said stone is the only thing that is going to work there.

Solicitor’s Report

Solicitor Cook said on October 29th, we met with Dan Shaw to address concerns about the property on N. Main Street. Mr. Pickle and Mr. Allar was there as well. Apparently Mr. Shaw has issues with the enforcement notices as the result of that the structure in the rear has pest problem for the lack of a better term. We’ll see what if anything results from that. Some members expressed some concern that the letter could be strong in its wording. Minimum requirements, hopefully the issue will be corrected. Councilman Allar asked if he could comment on that. Solicitor Cook said sure. Councilman Allar said under the corrective actions other that putting up some boards to close some holes. When he talks about that out building, isn’t fixed or removed, he doesn’t say whats wrong with it or how to fix it. I can see that this will drag out. The owner can go out there and put up

Solicitor’s Report Page 4

two boards and say I fixed it. It doesn’t have any details there of what the standards is.

It also I think it mentions pigeons, there again, I’m going to read from last month’s minutes. That’s one items being the pigeons. The other item is the abandoned house, its pretty much the pits. I don’t how to tell you this, but it needs to be rectified and rectified in the very near future. Because of the amount of animals that can physically go in and out house, plus the building directly behind it, is covered with vines, and could be habitat to almost animals. My biggest concern is we’re going to have another generation of animals in that property, that’s going to migrate to the adjacent properties, sooner or later mom kicks the kids out and they end up someplace else. He doesn’t say any thing in there about this problem. Maybe there should be some kind of directive in there to remove these animals to work with the animal control officer or something. We can’t just tear down a building, lets look after the animals, take them someplace else. We didn’t even mention the other animals. We had a neighbor physical see these animals, in her basement as well. We have an animal control guy identifying. He doesn’t even talk about it. Solicitor Cook said he didn’t run any of this by anybody as far as I know. When we met we discussed to run a draft past the solicitor to met the requirements. He does mention in the pigeon letter, probably not worded in the best structure, he does mention the porch roof, to eliminate the infestation of pigeons and other rodents. He doesn’t indicate the rest of the house to alleviate the infestation. Councilman Allar said I think we would have a very good argument, that is not we asked him. Solicitor Cook said the easiest remedy is failure to comply. It should probably be clear, to address the animal problem before removing a structure. You can ask Mr. Shaw to issue a revised notice

if we feel he should take that step first, and address that problem, if the structure would be removed, which several of you have alluded, it doesn’t cause a problem with the other residents. If in fact he fails to comply, the letter does indicate the unsound condition, the structural unsound conditions. If the thirty day period elapses, and it is not fixed to Mr. Shaw’s satisfaction, and or even if its fifteen days, I think he should come look at it, Mr. Shaw has the opportunity to say no it doesn’t address the concerns, here’s another letter, fifteen days, here are the specific items that need address. Certainly he could do it that way. We could ask Mr. Shaw to send a revised notice, with the issues. I’ll leave it up to you guys. If there’s no, if you put up a brace and now its sound, then go back and say its not here are the specific reasons. You have x number of days to correct this problem.

We’re not necessarily going to the District Justice to get a fine or penalty for failure to comply. Unless you want to do that way, the owner hasn’t corrected the condition, we’re going to take action. You are going to bear the cost of it. Councilman Allar said I think we’re saying the same thing, he needs to address the animals first. Dan is going to allege that its an unsound building, he’s going to have to issue corrective measures. I wouldn’t know what to do, where to start. Solicitor Cook said what is he saying is unsound, new windows? Councilman Allar said you don’t want to start it at that, we would you be willing to do some draft wording. Seth talked to him, I talked to him, is he going to listen to us anymore? Councilman Noll said I guess part of it may be coming down to, the way he does things, most zoning officer’s go out and take pictures to back up what they’re

Solicitor’s Report(cont.) Page 5

saying, so that, he can, anyone can say yeah I fixed it. Well I have pictures the outside of your building on the day I wrote the violation notice, they look the same today as a month ago when I took the pictures, what did you do. We’re not documenting, we’re going to need. I don’t know if Dan fills out any type of inspection report. He might write a letter, I don’t know, most zoning officer’s make an official report and write down the things that are deficient. So again that is a matter of record. So we’re not going back and recreating all this stuff. Councilman Snyder said I think hearing everyone’s concern and hearing what Dave said, I think Dave is trying to say, the letter has been written, whether we agree with it or not, the letter has been written, let’s see how this progresses. As we see how this progresses, he’s going to do one of two things, he’s try a half approach and try to fix it and say I complied, at which point that opens this dialogue, we can go to Dan and say Dan or Dan can go to him and say no you did not. Or just going to snub his nose at it.

And then it doesn’t matter if you have every I dotted and every t crossed, he’s not going to comply, he has no intention of complying, it doesn’t matter what you say in it. At that point I think , what Dave’s trying to tell us, let this proceed in the interim, we go to Dan and say now this is what we expect, this is how you proceed from here, because that may have not been worded the best so he comes back, this is our plan B. Here is a check list of what we expect to be in compliance. Councilman Allar said I thought I heard Dave also say, we could also send him an amended letter. Councilman Snyder said well we could, I’m also looking at. I’m hearing Seth say, he should be out there and he should be documenting, we don’t know what Dan’s doing and what he’s not, from what he has.

Again we’re pushing Dan into sending this letter. For us to say, here’s a letter, we want you to put your name on it and send it out, we might as well say, say Dave proceed with legal action on our own. Councilman Allar said I’m just going back to what the animal control officer said, he’s talking about in four months, whatever the problem is now, is going to double or triple. Four months is a long time, due process will drag out. The longer we go back and forth with Dan the longer its going to clear it out. Councilman Snyder said my only concern there is, I thought it was quite clear there that Jerry was going to proceed on his own with the animal enforcement part of it, he knows what he’s talking about, he knows who to contact up at the state. He’s the one making those alleged

as far as it being a health hazard, he’s our officer, I thought he should be the one filing that complaint. Dan probably feels out of his realm, sending a notice saying , Dan probably doesn’t know why a pigeon is considered a health hazard. Councilman Allar asked can’t he asked Jerry, Jerry would be willing to write the whole letter. Solicitor

Cook said to follow up on that point, I think Jerry can file his own notice, to address animals/critters to rectify that situation. He can do his own letter. What I noticed about these letters from Mr. Shaw, even though we discussed the issue, I think he had clear guidance on this, the last sentence says, failure to make the necessary repairs will result in the issue of a citation. His direction was to take the necessary steps, before the borough comes in to correct the problem and you being responsible for the costs of you don’t do it. At a minimum that has to be addressed whether it would be through an amended notice/ at some point later in time Mr. Shaw goes out to inspect, you haven’t , here’s fifteen days to correct the problem. If you don’t fix your problem, I’m not going to the DJ’s office to request a fine, we’re going to come in and clean it up and you’re going to

Solicitor’s Report(cont.) Page 6

be responsible for cleaning it up and you are going to responsible for the costs. Councilman Noll said is he responsible for the lienable cost if he doesn’t want to pay. Is that a lienable cost? Solicitor Cook said yes. Mr. Malesker asked would you want a structural engineer to look at it to make sure it’s a safe structure. Solicitor Cook said you can stand over at the property next door and see that its not a safe structure but yes. Mr. Malesker said you would need a professional engineer to condemn it, or a letter. Solicitor Cook said it would certainly be helpful. Councilman Snyder said that is what I was looking at, this is what it is, this is what was sent out. Its not the way we would have liked it, he didn’t follow the procedure so, if you feel the best way to handle this, is you writing Dan an email or letter, this wasn’t followed, this is how I advise you to proceed.

So we don’t mess up. We had this happen with the Billet case, the original notice was faulty and it got the whole way to court, and we lost strictly on a technicality of the original notice is faulty. And three years later we are sending out another notice. That’s what my problem is, the notice has been sent, the notice is what the notice is, how do we

proceed? Councilman Howett said why couldn’t we have Jerry write his own? Councilman Allar said Jerry was going to check with people to see what was available.

Not that Jerry even has options, we don’t know. We also agreed, that this should be a zoning matter. I mean we have nuisances and all this kind of stuff in it. Councilman Snyder said he probably didn’t cite sections in the code. Solicitor Cook said yes. What I can do, is essentially give him step by step direction, put it in a format, on how to properly prosecute zoning violations. And part of the process. Councilman Noll said if we are going to go through all that expense, would it be better to just pursue him legally.

If we are going to pay all the money legally to have someone put a case together for somebody else, we got what we have, and instead of relying on a third party. Solicitor Cook said yes but no. The issue being, the zoning officer is able to act via the ordinances,

more expedite manner, if this manner would proceed through a law suit for the violation that occurred. Just for example, you have to file the complaint, serve the defendant, however long that takes, they have at least 20 days to respond to that, if they fail to respond to that, then there’s another ten day default notice, if you don’t file within the next ten days then we’re going take default judgment where this is at least a 30 day window, if they actually do file an answer, then you have to schedule a hearing with the court which will be months down the road. Here if down properly giving a thirty day window to fix the problem, if they haven’t fixed the problem, that’s the end of the thirty day period, to correct the problem without any further involvement through the court.

Councilman Snyder said the worse that happens, I think we let Dave proceed to give those instructions. If you could, keep a little separation on your bill, of what is being charged with this issue and we will have ourselves a little talk with Red Lion and say, look now we put out $2000.00 to educate your zoning officer who we are contracting from you, let’s work out a deal, as far as getting some of the money back. You get the benefit from it. Its not like once he’s educated he has that knowledge. That’s only going to benefit Red Lion, let’s see if we can get some of that money back. Councilman Noll said we really never gave them a job description. Councilman Snyder said we don’t need to give them a job description, that’s part of the MPC. This goes back to what you were saying Seth, Dan’s not stupid, he knows exactly what to do, cause he’s done it enough.

Solicitor’s Report(cont.) Page 7

You can get dumb real quick if don’t want to do something. He’s okay with prosecuting for snow removal or mowing the grass but when it comes down to thirty days, we’re going to come in and rip your house down, he might not have the training for that.

Solicitor Cook said its not the house, it’s the structure behind it. Councilman Snyder said let’s face it you need, when you are starting to talk about some of these homes, there are some tough decisions that have to be made. Solicitor Cook said when we were out there the other, there was an issue about the paint, the chipping paint, eyesore, in my review of the property maintenance code, I don’t know if its somewhere else, there is no ordinance for the upkeep of the outside of the property. I don’t know if that’s an avenue you want to explore or not. Councilman Noll said when you are saying the property, are you talking about Yoe’s what we currently have or what we are adopting. Councilman Snyder said this is how we did it, under our code enforcement, under building/construction, this part of what we need to adopt yet. We adopted yet, we added this one section in. And when we are adopting chapters 2 and 3, we are only referencing it, that’s the entire purple book and that deals with everything from screening, painting, railing that is pretty basic. So this is the general, that says you have to maintain it safely and properly and soundly. This tells you how to do it. We also have that for the rental inspections, keep everything consistent, on rental properties, we did the same thing, we did the property maintenance code. Councilman Noll asked do you want to borrow this and go over it? You can borrow this you are more than welcome. Councilman Snyder said for this purpose, we are adopting chapters 2 and 3. Mr. Shaw has a copy of the final draft of the codification, because I sent everyone via email.

Solicitor Cook said in regards to adoption of the code of ordinances. Everyone has received a copy via email also with attached documents. If you want to start beginning at the December 7,2010 meeting. It has to be within 30 days, and advertised within 7 days. Councilman Snyder said we have to do that before we send it to York County Planning or simultaneously with. Solicitor Cook said you can do that simultaneously. Said letter to them,YCPC, just here are the proposed ordinances for your review planning on adopting it at the meeting December 7th. The secretary said that wouldn’t give them enough time.

Councilman Snyder said send them a copy of this, based on item 2, we are sending them for review, thirty days prior to scheduled adoption for review. They will have it for January. We have to hold so many different hearings, I think you are talking about the hearing for the land use. Councilman Snyder said they need to review this per item 2. The secretary said so December 7th for hearing for land use, I put that on the agenda. Councilman Snyder said we are not changing anything as far as land use. They need thirty days to look at it anyways, until January meeting. This will take awhile. We can clean up some of this other stuff, we can pass fee resolution, we can have an hearing for land use, we can run simultaneously. We hold our hearing for land use, we will hold the hearing for adoption after they review it. They can have their comments back by January. In February we can hold hearing for adoption. In the meantime we can get ready for fee resolution, the tax ordinance will be adopted in December. The actual ordinance adopting the code will be in February. For the solicitor’s purpose, you will take care of advertising for land use for 7:30 and then advertising for the tax ordinance make that 7:35 PM.

Solicitor’s Report(cont.) Page 8

Solicitor Cook said on the action of the quiet title, I’ll email you a copy of the draft by the end of the week before it goes out. Someone will have to sign off as verification. Councilman Snyder said I will sign if it needs to be signed. Councilman Allar asked about the land we asked you look into on E. Pennsylvania? Solicitor Cook said that’s the quiet title.

Councilman Snyder said the next resolution number for the fee resolution will be 2010-07.

Councilman Snyder said we did have 2010-06 which was resolving to appoint Stambaugh Ness as independent auditor in 2011 and to perform an audit of the books ending on December 31, 2010. A motion to resolve resolution 2010-06 was made by Councilman Noll. The motion was seconded by Councilman All. All in favor. Councilman Snyder said so be it resolved.

A motion was made by Councilman Myers to have the President of Council sign the engagement letter from Stambaugh Ness. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said since the solicitor has to sign the tax mileage ordinance. We need to adopt the proposed budget, to be acted upon next month along with the tax mileage ordinance. After discussing issues with the solicitor, and with the auditor, what we’re going to do, show that ½ mill in with the real estate taxes, we are still waiting to hear back from them, to find out how to transfer that out to make sure that its not part of the general revenue fund. But other than that, the budget is as discussed, any comments, questions. Councilman Noll said so there won’t be a separate tax so to speak. Councilman Snyder said correct, this year we’re sort of stymied, the debt reduction act, there are loops and whistle that we need to follow, which we haven’t met that criteria yet with DCED so we can’t ½ mill debt reduction tax, likewise the only other would be the special road fund tax but since we have a lot of start up costs mainly with solicitor, getting the loan, loan document preparation, plus the auditors with filing all the DCED papers and such. I didn’t want to have it stuck in a road fund and then not qualify with the road fund, after speaking with the solicitor and auditors, they said you know what probably just charge it as a real estate tax then move it when it comes in, then next year once the loan documents are in place we can drop the general real estate tax down that ½ mill then just charge ½ mill debt reduction. Councilman Noll said would a separate slip that would have to generated. Councilman Snyder said it would all come out on the same tax bill but it will come out of a separate line item. Councilman Noll said I just wanted to make sure by keeping it in general real estate, keep from having more than one tax bill. Councilman Snyder said once its in there for debt reduction people know where its going. With just this first year. Councilman Allar said I think that would be a good article for the newsletter. Councilman Snyder said I already sent that in plus another two or three.

Solicitor’s Report(cont.) Page 9

Councilman Snyder asked any further discussion on the budget. Councilwoman Coble Tyson said cable franchise, there was nothing in 2010, now it is shown in 2011. Councilman Snyder said we were putting it in the capital reserve fund, basically it is our long term savings for this building, vehicles, for large ticket items. Its always been told to us that this cable franchise is going to disappear, they keep talking about getting rid of it.

Its part of our agreement, we have to charge other competitors the same thing, one of these times going to sneak it in, Verizon had it available via VIOS, so since you don’t charge the competitor we don’t have to pay ours. That’s how they’re going to get out of it. We didn’t want this to part of the normal budget, when it disappeared we have to come up it. This year we had to show it as part of the general revenue plus a one time transfer of $8730.00 into the beginning balance to break even. We already knew we were doing ½ mill for the H20 program, so we did that transfer to break even, if not we would have been looking at a full mill. Councilman Allar said we still have a 25 year contract with the cable company. Councilman Snyder said that’s part of the agreement, its in the agreement. Councilman Allar said if someone else is doing it, we had to go along. Councilman Snyder said that’s part of the federal laws, that is something that they have been negotiating on the state wide level. We got notice from the federal government that we were getting sued, we were one of a hundred municipalities in the state, they are doing it one municipality at a time. We now have competition, and when they get a majority of the municipalities, they are going to the state and say now you can rid of it out of it out the state because a majority has competition. We discussed fighting it, how are you going to fight Comcast, when you are a small municipality like us. In York County, only four of us got it, only small municipalities. A motion was made by Councilman Noll to propose the budget as set fore, to be adopted at next month’s meeting. The motion was seconded by Councilwoman Tyson. All in favor. Councilman Snyder said the budget is now ready. The secretary said the budget will be advertised for adoption.

Councilman Noll asked have you done anymore on the park contract, looking at it for next year, the wording, with alcohol in the park and liability. Wording of the contract itself. The hold harmless agreement. Councilman Snyder said he’s concern is the hold harmless agreement that is in there is it strong enough to make sure it covers us because of the alcohol or does it need to be worded differently. Councilman Noll said and in general is there anything else that has to be in there. Solicitor Cook said generally I don’t think it has to be an issue, alcohol is permitted. But I’ll look at it. I don’t think I have it.

The secretary will send another copy to Solicitor Cook.

Councilman Noll said we had talked awhile ago about the document destruction policy.

Did you look at that at all? Solicitor Cook took note.

The secretary asked do you know if Pete filed a lien for mowing we did this past summer for Tracy Doyle, can you follow up on that, I never got notification that he liened that property. I don’t know where it currently is, I don’t know if it was Sheriff Sale or wasn’t

Solicitor’s Report(cont.) Page 10

Sheriff saled. Councilman Myers said we sent a bill. The secretary said I sent a copy of the bill to Solicitor Solymos. Solicitor Cook said two part question, was a lien ever placed on it. The secretary said I don’t know. The second question, did it go in for Sheriff’s sale. The secretary said we wanted to get it in there, but I don’t know if it met criteria of meeting deadlines or whatever.

The secretary said we never got documentation on the Bowser case either. Solicitor Cook said I spoke to Pete about that, he planned to move forward to file the brief. I left a message with Doug Frantz and I am waiting to hear from him or waiting until Pete comes back. But if it needs to be done by Thanksgiving, I will proceed on filing the brief. Pete hopes to be back by the end of the month. Councilman Snyder said even when he does come back, we are going to have this transition of where are we, what has been done, what hasn’t been done, keep working. Councilman Myers said its my opinion, but I don’t think we should hold anything up. We shouldn’t be waiting for Pete to come back on anything, that’s what I’m saying. That’s just my opinion, we have to keep moving. I’d rather when he comes back on board, with nothing at all, this is where he needs to start back on. Solicitor Cook said I’d have to start on from scratch on that issue alone. For your sake time wise, its certainly easier for Pete to pick up, the other issues I can take care of, the appeal issue and the writing of brief, of that one issue, if you want to push for it and have it done. Everything else will be taken care of but that one issue.

Engineer’s Report

Mr. Malesker said there is a request to have Orchard Hill Vista tabled again for tonight’s meeting. A motion was made by Councilman Howett to table the Orchard Hill Vista plan for tonight’s meeting. The motion was seconded by Councilman Myers. All in favor.

Councilman Snyder said plans tabled.

Mr. Malesker said I forwarded an email that requested the Conservation District to look at the site and check out if things were stable. Bryan Withiam, did make the visit, he said its stable the only issue he had was the erosion control blanket was not towed in at the bottom which Flyway has known about since July. That was one thing that they decided that they weren’t going to do. He didn’t close the permit out yet. I told Flyway that they need to talk to the Conservation District and that’s between them to get that worked out

with what they are going to do. Flyway’s concern is by towing that in its going to disturb more than its going to help. There’s no erosion problems caused by them not towing it in now. So I told them its between them and the Conservation District. They are not going to get paid until they close out the permit. Even though they say its stabilized, they are not signing off on the permit, so you aren’t going to get paid. Ball is on their court on that. Councilman Allar asked did the drop with weir? Mr. Malesker said yes. In that email strain, we did ask them to do that, they did say that they went down and did that, so.

Engineer’s Report(cont.) Page 11

Mr. Malesker said I did remove the grant source from the wetland mitigation, it is now listed as anonymous. I have not heard anything from Jake on the status, did you Tom.

It was submitted to Danko, he looked at it, and he said it looked good by him. Councilman Allar said the final draft is still with Mike, waiting for approval. Mr. Malesker said that’s all I have to report on that.

Mr. Malesker said on the H2O Grant application, they are meeting November 16th, and I think last time, they had notified everyone within two weeks, so we should know the status of that grant by the end of this month, early December, I’m hoping. I don’t know if they’ll let us know too, there was a two week period that they notified people.

Mr. Malesker said Dana had already mentioned that paving was done at Broad Street.

Mr. Malesker said we gave the legal description to Dave, I guess he has everything he needs for E. Pennsylvania Avenue.

Mr. Malesker said I already brought up about the community park and the performance bond. No issues up there, Legend is apparently out of business now. Councilman Noll said I can find out, I don’t see anything. Councilman Snyder said other than the issues that we have to take up. Mr. Malesker said that looked pretty good.

Mr. Malesker said I talked to Rick Levan, he is covering for the retired, Gerry Wagner. At this point, they are looking at hiring someone. Rick is familiar with this area. Mentioned the work for the unauthorized discharge that work is eligible except for the replacement of curb and sidewalk. Excavation is all eligible for liquid fuels. But demo of the sidewalk, is eligible as long as you are putting a storm line underneath the sidewalk, if you are removing sidewalk to put a storm pipe in. Curb and sidewalk is not eligible unless it right at the inlet at the pad. The removal can be paid for. Gerry and Rick have different, Rick is very much by the book. I think portion of it, would be eligible, I didn’t see the estimate that Dana got. That will have to be broken out. You could have a separate contract to do it, like Restuccia or Pantano. Councilman Noll said the Boltz’s said they will have everything to us by Friday. Councilman Snyder said just for the record, this letter from PENN DOT, came in to borough council but was addressed to the Borough Council President, I recluse myself from that situation, if anyone feels a need to be in contact with PENN DOT I turn that over to Seth if there is any communication.

Councilman Noll said do we have something on record with PENN DOT, do you think you need to follow up with a letter on the status? Mr. Malesker said if you are not going to meet that November 30th date, then I would be in contact with them. Who knows what they are going to do? Councilman Noll said I think you should. Mr. Malesker said if you want to wait to get the easements by Friday then follow up. Councilman Noll said I think you should write a letter. Councilman Myers said time wise, it would be good. Mr. Malesker said I could give them a call and follow up with an email. Steve Dietz had said we aren’t going to let this go another winter.

Solicitor’s Report(cont.) Page 12

Councilman Snyder said another thing for the engineer’s to do list, we did get a notification from DEP, reminder that the dams need their annual inspection. That needs to be filed by December 31st and to send two copies to the Division of Dam Safety.

Mr. Malesker said I’ll schedule that and notify Dana. Councilman Snyder said make sure you point out, all the stuff that Dave pointed out in the last follow up. Mr. Malesker said a lot of it was recommendation. Councilman Snyder said the stuff like the cracks that need sealed, animals. Please make sure you point out the things that were pointed out before and say that now its been corrected. Discussion continued.

Zoning Officer’s Report

Councilman Noll said the two letters that were previously discussed sent by the zoning officer. Four complaints, 187 S. Main Street(refuse on the porch), 405 S. Main Street(utility trailer on the street), 197 S. Main Street(refuse on sidewalk), and 131 S. Main Street(share out the garbage) All have been resolved. Time was 3 hours and 20 miles. He has in the report that a lot of these actions were via door hanger, 2 days.

Councilman Snyder said he probably then went back to follow up.

Emergency Management Report

Councilman Myers said Jeff Joy is the new contact for York County EMA. Kay Carmen retired in October. Mr. Joy is acting director.

Mayor and Police Report

Councilman Snyder said the mayor is not here tonight. I will go over what we discussed earlier with letting him know that Dana is going to work on the signs. Is there anything else? The secretary said the most current police report is in the circulate folder for November 2010.

Secretary’s Report

The secretary reported we did receive the Workmen’s Compensation reimbursement checks for first call from York and Windsor Township via Councilman Myer’s assistance.

The secretary reported we did receive the check from Orchard Hills Vista for that last $300.00 bill.

The secretary said third quarter bank statement for all accounts were distributed. This is noted as part of the record for the auditor’s information.

The secretary reported the office will be closed November 15 and 17, 2010.

Secretary’s Report(cont.) Page 13

Councilman Snyder said since you have received copies of the third quarter bank statements, look over that, any questions or comments bring them back next month.

For the record, it’s the responsibility of council members to make sure that they look over this and their secondary back up to make sure there is no misappropriation of funds and its our responsibility to make that, that doesn’t happen.

Councilman Snyder said we have the 2011 Copier Contract here with Imageware.

A motion to sign the 2011 copier contract for $223.60 by Councilman Noll. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said based on the budget that is now being proposed. A motion was made by Councilman Allar for the new wage rates for our leased employee, Dana Shearer going for a current rate of $16.03 per hour to $16.35 per hour for 2011, and the secretary-treasurer going from $15.56 an hour to $16.34 per hour for 2011 to be accepted effective January 1, 2011. The motion was seconded by Councilwoman Coble Tyson. All in favor.

Councilman Snyder said motion carried.

Councilman Snyder said we have the proposed meeting dates for 2011. Noticed any conflicts or errors? The first Tuesday in November is not election date for 2011.

2011 is going to be all council meetings on the first Tuesday. A motion was made Councilwoman Tyson to accept the 2011 meeting dates and to have them advertised.

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

Councilman Snyder said we did get the first bill from Benchmark Energy. The treasurer made note that, there was some difficulties to discern if we saved any money, by the way the new bill is compiled. Columbia Gas use to bill by ccf and Benchmark is doing it by mcf. She did notice that there was a slight increase in billing due to this, its too early to say if this is going to be the norm. We will keep an eye on this to see if we do see any savings. One note, its not really any easier, because she still is writing out multiple checks. She still has to write one to Columbia Gas and one to Met Ed, I thought that was the whole idea one check was to be written out. Councilman Myers asked do you think its just because it’s the first time? Councilman Snyder said I don’t know, I said, keep an eye out. This is a FYI. The secretary-treasurer said the customer charge from Columbia Gas was $17.00 a month but from Benchmark its $18.00 a month. Its costing us a dollar more.

I am going to be writing a check to Met Ed and also a check for $13.20 to Benchmark.

Councilman Noll said lets watch it. The secretary-treasurer said I just wanted to let you know, that what they told us, did not happen this first time.

Councilman Snyder said we received the notice from Yoe Borough Sewer Authority, there was actually two outstanding invoice reports, they updated it because of the liens that were placed mid month. The actual new amount is from 10/31/2010, that shows

$14,783.36 as the total of outstanding sewer and municipal fees. Note to us that the

Secretary’s Report(cont.) Page 14

lien filing fee has increased from $100.00 to $250.00. It didn’t say who that goes to.

The county or the solicitor.

Councilman Snyder said we did receive the quarterly report from Yoe Ambulance.

Of particular note for Yoe Borough: 2 calls from Station 19 and 12 calls from Station 36 for a total of 14 calls. And then all the other were broken down on the second page.

The other calls were listed as 1044 calls. Kudos to Yoe Ambulance.

Councilman Noll said we closed our contract. York Township mentioned have not gotten billed for the monies that they pledged for the project. Please send an invoice to them, the difference between what they have paid so far and the balance they owe.

Unfinished Business

Councilman Allar said next Wednesday at 10AM there is a Comp Plan committee meeting with Red Lion, Dallastown and Yoe. We are going to be hammering out the final draft for the comp plan. Yoe Borough is hosting it, so it will be here on November 17th at 10AM.

Councilman Allar said you should have copies of the Rail Trail feasibility study. I’d like everyone to take a look at that, especially about the pilot program. We are going to have a consultant come in either in December or January to brief us on that, particularly the pilot program, so we are familiar with it.

Councilman Allar thanked everyone for sending Aggie and myself sympathy cards.

Councilman Snyder said we just got that feasibility study. This impacts the municipality, one way or another. Now that they put this out, is there any way we can go back and question them to say, look what about this, what about that. It’s a good idea that they are coming back. Councilman Allar said its really not built into the contract to come back, but I’ve asked them to come back. Councilman Snyder said until you get into the nitty gritty here, I really don’t know how to ask the questions. You want to look at the pilot project that is in the back. Its pretty well self explanatory. They give figures and identified a lot of things with income and grants. They are basically washing their hands of it, constituents questions will come to the municipality. Councilman Allar said at the public meeting there was a lot of heat on eminent domain. They have to go to the elected officials of the municipality. As far as I know except for the possibility of York Township, no one is going to do eminent domain.

Councilwoman Tyson said I would like to update you on the progress from the War Memorial Project. We sat at the fire protection day at the Yoe Fire Company and collected $7.00. Councilman Allar has been helping to give ideas for this project. I have

Unfinished Business(cont.) Page 15

containers at local business that say, help save Yoe’s Memorial. So far Strobeck’s,Yoe Auto Park and Shaffer’s have containers. I talked to the VA and they can’t help me.

Councilman Allar said contacts could include the Legion, VFW’s, Lion’s Club. I’m going to talk to some of our representatives. Councilwoman Tyson said Friday, Tom and I are going to talk to Stan Saylor, at 1PM at Red Lion. Councilman Myers asked if you are going to talk to our rep? Councilwoman Tyson said yes. Councilman Snyder said at the Republican party meeting, I saw with Mike and Theresa Craley, and Mrs. Craley is the President of the Lioness Club. I emailed to your mother the actual letter, it was the actual document that started the memorial. Mrs. Craley said no the Lion’s club isn’t going to interested in that as far as that. But she did say that she is working quite closely with Colonel Innerest at Dallastown, and the JROTC at the high school. He is looking at community projects for those kids to get involved with. If we were thinking of some sort of fund raiser, you are looking at over 40 kids. If he feels its worthwhile project, then it would become a worthwhile project for them. Things of that nature, they can provide the manpower. Contact Colonel Innerest. Councilwoman Tyson will call Dallastown.

Councilman Allar said both Red Lion and Dallastown have senior achievers programs.

Councilman Snyder said when we put the original playground equipment up at the park,

we had the National Honor Society, they provided the manpower. Mrs. Craley’s daughter is part of the JROTC program at the high school. She felt strongly they may want to take part in this project. I can talk to Senator Waugh if you need to me too. Councilman Allar said if you want to talk to him you can. You can take care of the state representative.

Councilman Snyder said there may be other, since we don’t want to hit them up for their walk around money, things like the Pennsylvania Historical Commission, because of the nature of it, do they know something like that, that they can direct us to. I do know the museum commission has funds available.

New Business

There was no new business.

Payment of the Bills

Councilman Snyder asked if everyone had an opportunity to look over the bill list.

Additional bills are Met Ed $910.66, Benchmark $13.20, Media One PA $52.90.

A motion was made by Councilman Noll to pay the bills with the additional bills.

The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said bills are paid.


A motion was made by Councilwoman Tyson to adjourn the meeting at 9:05PM. The motion was seconded by Councilman Snyder. All in favor.