Wednesday, January 12, 2011

Yoe Borough Minutes - December 7, 2010



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on December 7, 2010 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called to order at 7:01PM by Vice President of Council Seth beginning with the Pledge of Allegiance.

Council Members in Attendance:

Seth Noll

Tom Allar

Jamie Tyson

Wendy Coble-Tyson

Barry Myers (arriving at 7:30PM)

Others in Attendance:

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance

John Sanford, Mayor

Steve Malekser, Engineer

David Cook, Solicitor

Vice President Noll said in case anyone didn’t hear, Sam is representing the borough this evening down at the York County Planning Commission meeting, going through our codification package with them. Making sure they don’t have any questions and taking care of those things, so hopefully in January we can go forward with that unless there is some recommendation that comes out of the county planning commission that we’re not expecting, so.


Councilman Noll said everyone should have gotten their copy of the minutes. Councilwoman Tyson made a motion to approve the meeting minutes of November 9, 2010. Councilwoman Coble Tyson said wait. Councilman Noll said we usually should and then have discussion. The motion was seconded by Councilman Allar. Councilman Noll asked any discussion. Councilwoman Coble Tyson said I just wanted to know how perfect they needed to be, for a few verbs that are sort of messy. If you read them, you basically know what they are talking about, but someone on the outside may not know.

Tiny little things that are missing but, but can change the context of them. Page 4 under the Solicitor’s Report, we are talking about the pigeons, birds, line 4, I know it is, I don’t know how to tell you this, but it needs to be, do we just leave that open, with I don’t know. Or could some other verb be placed in there, to change any content, that’s my question. Then further down the line. The secretary said this isn’t done verbatim, after we

Minutes(cont.) Page 2

go through visitors its just random, whatever. Councilwoman Coble Tyson said that’s my question when it comes to, simple verbs but does it change, will it change any context.

It says I don’t how to tell you this, but we know its I don’t know how to tell you this.

And there’s further down the line. Councilman Allar said I think I was quoting the minutes from the previous meeting and what Jerry Pickle was doing was responding.

Councilwoman Coble Tyson said further down the line, new paragraph, there’s something that is missing. The porch roof, to eliminate the infestation of other animals, 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’s not reactive. Councilwoman Coble Tyson said that doesn’t make any sense. Which part is reactive, and what is it not?

Its not a complete process. On Page four, half way down the page, the part where it starts the porch roof. It picks up where Councilman Allar said, I think you would have a very good argument, that is not reactive. Its not whole there, its not a finished line. The secretary said more than likely it was not a finished statement. Councilman Noll said normally, we aren’t transcribing the meeting minutes. Solicitor Cook said the meeting minutes are not a transcript. Councilman Noll said as long as we haven’t, this is a question of the way the minutes are written, as long as we haven’t done anything that is grossly negligent,as far as saying that someone did something that they didn’t do, a verb here and verb there, as long as the general intent. Councilwoman Coble Tyson said this one is left open. It says about I think you would have a very good argument, this is not we asked them to do, what ? That’s my question, would the interpretation from an outside source create an issue, personally I didn’t take it that way, I just leaned that was because its sort of open. It wasn’t a complete process that was my question? I don’t have a problem accepting them the way they are, my question is for somewhere down the line?

Solicitor Cook said I guess it sort of a transcription type issue. Councilman Noll said we are only required to take sketch meeting minutes, talked about the house at whatever street. The secretary said I conformed the minutes quite a bit. I was going to say delete that line. Get rid of it. Councilman Noll said we can do that too. Councilman Coble Tyson said we did address the issue, it wasn’t just the pigeons, it was the additional animals and all of that, the whole concept would answer that, but that specific statement, it wasn’t complete. The secretary said we could delete, and stop at we asked him. Councilwoman Coble Tyson said stop at the comma and make it a period for argument.

Councilman Noll said any other corrections. The motion was made and seconded, do those people agree with the amendment? We have an amended motion. All those in favor of adopting the minutes with the amended change say Aye. Those in favor: Councilman Noll, Councilwoman Coble Tyson, Councilwoman Tyson and Councilman Allar. None opposed. Councilman Noll said those minutes are approved.


Councilman Noll said I heard rumor that Jerry Pickle would be coming. Councilman Allar said he won’t be here but I do have information from him when it gets to the appropriate type. Councilman Allar asked if Councilman Myers is coming tonight.

Visitor(cont.) Page 3

The secretary said Steve talked to him today and said yes he is. John said he would get ahold of him eventually.

Solicitor’s Report

Attorney Cook said the first thing to address is the codification issue. We need to publish in a minimum of fifteen days before the next meeting. The next meeting is January 4, 2010. We should have feed back from the planning commission by that time.

Attorney Cook said the advertising has been done for the fee resolution and the millage rate.

Attorney Cook said the lien for the Tracy Doyle property has been recorded at the prothonatary’s office for the lawn care issue. To get the service on the lien on her, its done by the Sheriff’s Department via certified mail. Her last address is in Virginia.

Hopefully that won’t be an issue, but its there on record. Its not listed for Sheriff’s sale according to the document of a couple weeks ago. Its there as a municipal lien. If the house is sold, we would have to be paid back.

Attorney Cook said the Bowser appeal has an open end extension to file a brief.

Brief needs to be done.

Attorney Cook said regarding the property on Main Street, talked to Dan Shaw. There has been some work done to prevent animals from getting into the house. He also went out with Jerry Pickle about the tree. Their belief is that the tree is still alive. I did ask him yesterday, go back and check on the shed and see what has been done on that. He indicated to me via email that nothing has been done with the shed. Last time, the notice said if there is non compliance then go to magistrate court. So the issue being, someone needs to indicate that. Mr. Shaw said from layman’s perspective he doesn’t believe that the structure is sound. He suggested having codes enforcement, they handle codes issues, go down and take a look at it, render that opinion, come back indicate that. If the structure is unsound, have fourteen days to either remove it, or the borough is coming in and remove it. Councilman Noll asked is Codes going to be able to do that, legally should we have a certified structural engineer? Attorney Cook said my thought was codes enforcement is responsible for, inspecting structures and other issues. They would have a bases to. Councilman Noll said normally in a structural situation, even in a building setting, they have an engineer come in, special inspections you have to hire your own third party in the construction world to do that. Mr. Malesker said usually it has to be deemed unfit by a licensed engineer. The City of York, you have to go in a write a report and seal it. Councilman Allar asked doesn’t Code Administrators do structural inspection as part of their inspections? Councilman Noll said they do based on plans that have been submitted by the structural engineer, what they are inspecting for is compliance to plans that were engineered and designed by someone else and has that engineer’s seal on it.

Solicitor’s Report(cont.) Page 4

There basically a third party, based on what this engineer said or we’ll do this and this per this plan. They can’t come in and look at a structure on their own and say that’s sufficient. Councilman Allar asked do they have an engineer at that company? Councilman Noll said I’m not sure that they do. Discussion continued. Councilman Allar reported that Jerry Pickle did get access to the inside of the house and at this point Jerry is saying he didn’t see any significant droppings in the house. He said that is not the time of the year to do the inspection, he wants to come back in the spring when there is more animal activity. As far shed, he says that structure is so bad, he feels he would take his life in his own hands, he’s not physically going to go into it. It could collapse. Councilman Noll said unfortunately things that look so bad are structurally sound. Councilman Allar said that’s true. I think when you saw it. Attorney Cook said I wouldn’t set foot into it. Councilman Allar asked if the secretary remembered a shed issue up on the hill somewhere behind Keith Sprenkle’s property and zoning officer was not Dan, filed on that. Councilman Noll said its definitely an accessory structure. You have to have a certified engineer on any dwelling unit or habital space. The secretary said she didn’t recall it. Councilman Allar suggested taking action under Attorney Cook’s guidance. Attorney Cook said we notify that he has fourteen days to clean this up if not the borough is going to come in and take care of it. He hasn’t filed an appeal, or come before council. Councilman Allar said right now he is in violation with the shed or the front porch. I talked to Dan too, he hasn’t filed an appeal. He is already in violation with those letters. Councilman Noll said the big issue is if we go after him, we’re going to get $2500.00 to $3000.00 that we might not get back for a long time. We’re going to be bearing the cost of taking the structure down. Just wanted everyone to understand, about our budgetary limitations. Councilman Allar said there is another issue of the tree, we kept wondering about the condition of the tree. I had some arborists come in. When you read to this, pay attention to the fourth and fifth paragraph. The originals were given to the secretary. Councilman Allar said what you are reading is from a certified arborist.

I have another letter that I did not make copies of from another arborist. The second says basically the same thing. The tree in question is suffering from severe decline, due to heavy infestation, so on, and so on. If the tree was addressed sooner, with insecticides, such and such control, there could have been a chance to save the tree. Too late to try now. My recommendation is to have the tree taken down before it becomes even greater hazard. I talked to three, but I haven’t gotten it from the third one. They are trained to evaluate. Councilman Noll said my opinion would be, and this me speaking, I would take this letter and any other information that we have put together in a package with the letter, have it from our zoning officer. And send that to the property owner and say that he has so many days again to make cure on it, or we can remove the tree. Councilman Allar said the reason I bring it up now is that the tree is no different than the fence. He may or may not take any action. Unsuspecting of not taking any action at all, we’re taking on the shed. He’s got some heavy equipment over there, he could take that down. The tree is a whole different matter, that one I think we’re going to get stuck with. Have these people come in and take it down. The cost for the shed may be a minimal cost. Councilwoman Tyson said my opinion is that we take action because that it causes risk

Solicitor’s Report(cont.) Page 5

or harm to the residents, if we don’t do that, then it could come back on us. Discussion continued. Councilman Noll said I’m not sure how our current ordinance addresses landscaping. Once we get the codification done we have ways to go after these kinds of hazards. Councilman Allar said I want to make sure about that too. I was looking at Chapter 5, Property Maintenance Requirement. It says building and structures, it talks about health or safety hazard or threat thereof participating by a lack of maintenance/neglect. The structure is not defined. Accessory structure is defined as a detached structure which is not used or intended to be used for living or sleeping by human occupants. The implication to me, is that would be a building. Councilwoman Tyson said it says about that in 5-307. Councilman Allar said this is the only time a tree is actually mentioned, it says any trees, plant, shrubbery or any portion that grows on the property that is a safety hazard to a pedestrian or traffic. There’s no sidewalk, there’s no roads there. That is the only kind of tree I see mentioned. Unless you want to define structure, its not in there now. Councilman Noll said we need more guidance. In the Property Maintenance Code, it goes further into those things. Discussion continued.

Councilman Noll said our two options are basically; have a structural engineer come in deem the building unfit, structurally unsound, then we prosecute that the whole way through if he doesn’t make remedy, we go in and tear the building down, second option; is to have the code enforcement officer go in and basically do the same thing and wind up in front of the magistrate. Attorney Cook said if you go in front of a magistrate you are only asking for a fine. You are running up a bill that you may never get paid, it really isn’t motivating to do anything. Certainly it seems, either you are going to pay for it, you get the price to do it, and bill for it. It has not much motivator yet. If he has the equipment, he has the motivation to do it, cost to him for labor and cost for the shed.

The shed can have that motivation. Again we need to give him notice, if he doesn’t correct the problem the borough is going to take action and he’s going to be responsible for that cost. I think for the borough’s protection , it would be nice to have a structural engineer to support that conclusion.

Adjournment of the Regular meeting for the Public Hearing at 7:37PM

A motion was made by Councilman Allar to adjourn the regular meeting at 7:37 to go into a public hearing for Ordinance 2010-02. The motion was seconded by Councilwoman Tyson. All in favor.

Adoption of the 2011 Budget and Public Hearing for Ordinance 2010-02

Councilman Noll said the first thing we have to do is adopt the 2011 Budget. Everyone should have received a copy of the 2011 budget. To make note that there are no visitors here for public comment. Councilman Allar made a motion to adopt the 2011 Budget. The motion was seconded by Councilwoman Tyson. Councilman Allar said the ½ mill which is a 17% tax increase, the ½ mill is for the interest on the loan that we would be paying out for the H2O. Councilman Noll said and the principal, whatever the yearly

Adoption of the 2011 Budget and Public Hearing for Ordinance 2010-02 Pg.6

payment plus interest for the term. The secretary said for Yoe Borough’s part of the H20 grant. Councilman Allar said what happens if we don’t get the grant, its for a specific purpose if the grant doesn’t come through. Councilman Noll said technically we did not assign that half mill. The secretary said it is put under real estate tax. If we do not get the loan, you can adjust the millage rate next year. Councilman Noll said the ½ mill is part of the real estate tax, not specified to anything else. Councilman Allar said I just wanted to make sure there are no issues or the auditors don’t have issues. The secretary said it has to go into real estate tax for 2011 until we get the money, then it goes into a debt reduction fund, next year in the budget it will be listed as a debt reduction tax. Councilman Noll said the debt and loan or not secured. Councilman Allar said it makes me uneasy to put a tax out there before we know if we are getting the money. The secretary said if you do get it, you won’t have the money to pay your loan plus there will be start up fees. All in favor of 2011 Yoe Borough Budget. Councilman Noll said motion carries. A motion was made by Councilman Allar for adoption of Ordinance 2010-02 for fixing the millage rate for the 2011 for general fund revenue, the millage rate for general fund purposes for real estate taxes is fixed at 3.455 mills, the millage rate for fire protection is fixed at .103. The effective date is January 1, 2011. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Noll said motion carries.

Reconvening of the Regular Meeting at 7:44PM

A motion was made by Councilman Allar to adjourn the public hearing and reconvene the regular meeting at 7:44PM. The motion was seconded by Councilwoman Tyson.

All in favor. Councilman Noll said motion passes.

Solicitor’s Report(cont.)

Attorney Cook said either way with the shed or the tree, they have to be given notification as to what the borough intends to do. Minimum have the codes enforcement be contacted to see if they recommend a structural engineer. Attorney Cook said the code of ordinances references Ordinance 1996-001. Some point we have to figure out about 1996-001. The secretary said she would look it up. Councilman Noll said to move on from this issue, give Attorney Cook direction through our zoning officer, to give notice on the tree based on the arborist, and to give notice on the shed. To involve Code Administrators, let them make a determination, that should take with the holidays, go into January, if we have get a structural engineer involved if Code Administrators won’t deem this structure unsound, we will probably know that before the meeting, we can get some quick quotes so we know how much money we are getting into. Then we can make some decisions with the financial information. Councilman Allar said another question on access, the arborist did not have to go onto the property to the tree, legally the zoning officer can go onto the property. Code Administrators are they acting under the zoning

Solicitor’s Report(cont.) Page 7

officer, the property owner may want to know who are these people why are they on my property. Councilman Allar said communicate to Code Administrators that Dan will be on the property also. Councilman Noll said Dan should be the one engaging the services.

Dan needs to be present, he is going to be the one writing the letter. A motion was made that we move forward with Attorney Cook and give him direction to contact Dan to set up the meetings and follow through with him being present with Code Administrators to try to a. seek condemnation on the accessory structure and b. give notice on the tree based on the arborist reports by Councilman Allar. The motion was seconded by Councilman Myers. All in favor. Councilman Noll said motion passes.

Attorney Cook said I reviewed the park agreement. There are some holes there. Probably going to cover changes. Attorney Cook asked if the agreement is saved on a file. The secretary said probably not. Attorney Cook said the revised agreement will be done so that copies can be distributed for review.

Attorney Cook said on the quiet title action, he needs to get with Sam on that.

The secretary said you got a copy of the Springettsbury Township ordinance. Councilman Noll said Springettsbury Township is asking us to adopt an ordinance, I haven’t read through everything, in the same language as they have. I suspect a lot of it has to do with the changing regulations for discharge in particular associated with the Chesapeake Initiative, the uses have to be all on the same page. Review that and hopefully we can adopt that, do we have to advertise that. The secretary said they would like a final ordinance prior to adoption. They are asking us to have final adoption by February 11th.

A copy is here for the Sewer Authority which meets on Thursday and an email was sent from Sam about it. In case you need to get with Attorney Craley. We are not the only municipality. Mr. Malesker said he hasn’t had the Dallastown meeting yet so he doesn’t know about it. Springettsbury is slated to have all their upgrades done by March. Councilman Noll said we’ll give them a copy and follow through and get it through as quickly as possible.

Councilman Noll said we have easements that we are still trying to collect for the pipe work on S. Main Street. I’ve made attempts to meet with Chad and Amanda Boltz, I have been on their property, talked to them, assured me he has taken care of it. Went back again, after he missed his deadline to get the easement back to us, offered the fact that we can bring a notary which is basically what is needed to get easement taken care. Last time I did that, he had his eight to ten year old son open the door, I literally yelled through the house to him because he didn’t get out of his chair to talk to him. Even after offering the notary, he said I’ll take care of it, I’ll get it done. He isn’t getting it done. We have pressure from the state to get everything taken care of, they’re going to come out and take care of it, which means plugging a hole on the discharge side, what backs up behind the hole is our problem. I’ve asked Attorney Cook to look at that issue very quickly. We have said that the pipe is owned by the borough. Dot all our I’s and cross our t’s the pipe was put in at the end of the 1800, nineteenth century. We don’t have paperwork or easements.

Solicitor’s Report(cont.) Page 8

My question to him was, can we consider this an assumed easement and basically just give notice that we need to work on our facilities and move on with the project.

Attorney Cook said I am not sure of the timeframe, a descriptive easement, the borough has had the pipes there for at least 21 years for an adverse possession issue. The follow up, is what is the best course of action. Or whether we need to request an injunction in the court. I will follow up on that. Councilman Myers said it’s a safety issue, follow the ordinance that it’s a safety issue, could we do that? Councilman Noll said we probably could but we’re in a state right of way, legal easement, because its on someone’s property, its it a prescriptive or assumed easement, the age of the pipe and not having the document signed through the borough that covers us in that way. I just want to make sure we don’t get into something, we don’t want to get into with just showing up. The other option brought up, with the H2O grant, I’m not sure how far the state is going to let us go with this, Steve? It doesn’t sound like they want to let us go very much further. Mr. Malesker said they wanted it taken care of by the end of November. I talked to Steve Dietz, the regional maintenance manager and he agreed to go into December. I need to give him weekly updates. They don’t want this to go another winter. They are concerned about the freezing. I just talked to him yesterday actually, the meeting is tonight, if someone from PENN DOT would want to be here, I invited them. I did stress the urgency and keep updating. If PENN DOT moves on it, to fix it, its not going to be pretty. Councilman Noll said and they can charge us whatever they need to charge us.

And then we have to pay that. Even though it would be the best for the borough to tie it to the H20, I don’t think they will allow us to do that. Councilman Allar said, are you saying if Steve sends them a letter or talks to them whatever, outlining our plans, our attempts to carry out that plan, easements and so forth, that they won’t say as long as you are working on it, that, that’s not an option? Mr. Malesker said we already done that, they moved the date from November into December. Councilman Allar said we have a justifiable reason. Mr. Malesker said I have no idea if there is a drop dead date, in there letter they put the borough on notice, you have until the end of November, or we will do it ourselves. They held off on that, we realize the borough is taking steps to get this resolved. Therefore we are going to allow you some additional time into December.

Councilman Noll said and we need to keep in mind that Dana has expended his time to go out and get quotes and got us under that $10,000.00 threshold. If we let this go too much longer, even if we could include it with H20, even if we find out in January that H20, we aren’t putting the shovel in the ground until 2012. I don’t know if we can put off PENN DOT for a year to eighteen months. Looking for direction from council, if we want to have Attorney Cook look into options to pursue. He has had chance to preliminarily look it, he scratched the surface. It will be a financial expenditure, and have him correspond with me, and I continue to seek the easement or try to seek the remedy if we can post or whatever to follow through. Discussion continued. Mr. Malesker asked does his verbal indication, that he doesn’t have an issue with, mean anything? For the borough entering the property because its an emergency. Councilman Noll said as long as we can do the paperwork that we have a prescriptive easement. Attorney Cook said you are talking about two to three hours to look into this. Councilwoman Tyson said I’d like

Solicitor’s Report(cont.) Page 9

to know our options. Councilman Noll said we can’t move on this until our next council meeting. Mr. Malesker said PENN DOT may move a move by then. Councilwoman Coble Tyson said then we can have an emergency meeting. Councilman Allar asked how critical is having access to that property. Councilman Noll said its right in front of it.

Discussion continued. A motion was made by Councilman Allar to have Attorney Cook to research our options, to see if we do have a prescriptive easement so that we can give notice to enter unto the property to do our work and if not to define what our other options are and set a cap of no more that $700.00 for legal work that needs to be done to take care of that. The motion was seconded by Councilwoman Tyson. All in favor. Councilman Noll said motion passes. Mr. Malesker asked does a signed easement mean anything if its not notarized? Councilman Noll said temporary easements can be. Attorney Cook said for access unto the property, the notary part is that the signature is actually that person, the notary verifying that signature. That shows that, that party is signing off.

Councilman Allar said we are checking into tax deductible status for the memorial project. It is beneficial if the borough is tax deductible status with the IRS. I first checked with the auditors, they told us no. They looked at the tax code and went back to the auditors and they are now saying we are. I also checked with the Pennsylvania Boroughs Association, and they also feel we are. They talked about us being a subdivision of the state. I don’t know if you have any opinion on this, you can look at it. Before we go out and say we have tax deductible status. I can certainly take a look at it, we have an attorney in the office that his primary area is taxes and bankruptcies. Councilman Allar said I’ll call you then.

Councilman Noll said we have the contract for Code Administrators for 2011, it’s the fees. The secretary said nothing had really changed from 2010. The fees stayed pretty much the same. Councilman Noll said it was reviewed by Attorney Cook. A motion was made by Councilwoman Coble Tyson to accept and sign the 2011 Code Administrators Contract. The motion was seconded by Councilman Myers. All in favor. Councilman Noll said motion passes.

Engineer’s Report

Mr. Malesker said Orchard Hills requested that their plans be tabled again at tonight’s meeting. A motion was made by Councilman Myers that the developer has requested

tabling the Orchard Hills Vista Plans. The motion was seconded by Councilman Allar. All in favor. Councilman Noll said motion passes.

Mr. Malesker said on the flood impoundment project, Flyway met with YCCD today. I forwarded some emails. We’ve been leaving it up to Flyway and the Conservation District to work out between themselves what the District needs to be satisfied and what Flyway needs to do satisfy the District. From today, the District wants Flyway to tow in

Engineer’s Report(cont.) Page 10

the erosion control blankets, of which they were asked to do back in July but haven’t done it yet. We’ve been holding their money until the Conservation District closes out the project. Once they complete that Conservation District will close out the project. They need to get to 70% to sign off, so once that’s towed in then YCCD will close it out. Then Flyway will be able to ask for the money that is owed them. Councilman Noll asked when does Flyway plan to accomplish this? Mr. Malesker said Jeremy told Drew, is as quickly as they can. I know we got the letter from Jake regarding the basin. Tom asked him to give him a call, to meet with him. Jake said there is no reason to meet. Based on his opinion, its fine to leave things the way they are. If problems come up before, have Flyway come back to fix anything. I don’t know if Tom has anything to add. Councilman Allar said he had a little stronger version when he talked to me. He mentioned in this letter, his concerns about the footer rock in relationship to the cap rocks, moving forward a little down stream. It should be stepped. His concern is that over time storm events and so forth, some of the cap rocks are over leaning the footer rocks. Also about the slopes/angles on the birm. My only concern, is protecting the borough, we have about five months left, until our year is up. If there is anything we have to put them on notice about, or corrective action, I just want to make sure we have the right documentation and even if something happens after that year, if we document it, we are going to have a better case. If we have to get a contractor in with heavy equipment and spend ten grand, we will want to recover that. That is what I want to get into, what we should be doing now before that year is up. I know the as built don’t show this. The way Jake explained to me, we are dealing with a two dimensional as built, the issue is three dimensional, the as built will show where the rock vein is, where the cap rock is and where the footer rock is. Mr. Malesker said oh yes it does, the dash line on that as built is the footer line. The solid lines are the cap rock. So you can see the direct relationship between the footer and the cap rock. We used the probe and outlined where that footer rock is and you can physically survey, to know its physical to see the cap stones, the relationship is shown.

Councilman Allar said he said he looked at that, he looked at the as built. Mr. Malesker said its on there. Councilman Allar said the other thing its not going to show the slope or angle. Councilman Noll said I talked to Jake after I talked to you, Jake told me for what its worth, what we’re dealing with is his opinion. And he said some of the things are filling and doing what they’re suppose to, he may not have designed things the way they were ultimately prosecuted in the field, but he does appear that a lot of the structures are working. I’m not saying we don’t have some problems. What I would suggest is that we be proactive in that, we have twelve months, we probably should set up a time at ten months and eleven months, if Flyway wants to come down and walk the structures. And note anything we want to on a report through C. S. Davidson so its documented, and invite Jake along to make any notes. The only real way to do that is to have people in the field and to walk the project. To report anything as far as our bond is concerned. Mr. Malesker said the substantial completion was in June or July. I think it was June, from that date. Councilman Noll said to truly document what you want to Tom, is to walk the ground and to document. And what I want to ask C. S. Davidson, is to set up a time that

Engineer’s Report(cont.) Page 11

the inspector can come out, walk as group with two councilpersons, and document and have Flyway get a copy of anything that we see is wrong. Then we have some legal basis to go back to them if need be. Mr. Malesker said I agree with that, I think we should have a meeting, develop minutes of that meeting, circulate those, take pictures. Have Flyway sign off on those minutes as well. Progress meeting, work meeting. If there is problems they can be fixed. Councilman Noll said minutes should have been taken at some of our other meetings. Councilman Allar asked Councilman Noll, when you talked to Jake, did you mention that, and is he okay with that. Councilman Noll said I did not mention that to him, the more I thought about it, I thought about how we close out some projects, how we document these things. If we have pictures and minutes, we have some legal basis.

Do we want to do this at month ten, month eleven? What I ask you to do, is confirm the date of substantial completion, and set up a meeting for month ten and eleven and at the next meeting come up with a suggested meeting date so we can get it in our calendars now and for Flyway so there’s no excuse that they can’t make it. Give them plenty of notice. Councilman Allar asked Mr. Malesker if he has pictures of that weir. Mr.Malesker said yes. Councilman Allar said I was out there and it still looks like its off a couple of inches. Mr. Malesker said that was back in October and we’ve then since gone out and reviewed that more. Councilman Allar said it looks pretty high since the last inspection.

Mr. Malesker said this is flush with this one back here, that hasn’t gone down anymore.

They have lowered it two/two and one half inches. Councilman Allar said that flange is not even with the concrete here. Mr. Malesker said you have one of this one. Councilman Allar said the only one that I have, is from last year’s inspection. Mr. Malesker said you see the top elevation of the concrete, and you see the elevation of the bottom of this angle and you see that, that matches up really close with the elevation of. Its not by much, you couldn’t even get a pencil in there. Councilman Allar said it causes the water to back up which then goes over the lower basin. Mr. Malesker said that’s physically the lowest that they could get, they went in, they put tools in the groove that sets in, they put tools in and they got all the rocks and sediment. Councilman Allar said I know its not in the original position as to when it was built. Mr. Malesker said I don’t know how to get it down another quarter inch. Councilman Allar said because they were again, this doesn’t compare to basin two, these are identical inlets, there’s no difference in spacing the top row and so forth. This is flush. Its suppose to be identical to inlet two and its not.

Mr. Malesker said I don’t know if debris hit this, and worked it a little down in.

That could be, maybe there is corrosion going on in the little gap. Pack rust or something down there. Councilman Noll said let’s look at it when we go out there. Mr. Malesker said okay, and Tom you wanted us to look at that concrete slab area check that for undermining. I have some other pictures here, to show that there is no undermining, the end of the slab is exposed, that’s where it falls, so the end of the slab is exposed. Its not being undermined, it just happens to be exposed. There is one issue there that sedimentation that is in the channel that is coming down from Fitz and Smith, that is something we noted in the dam inspection report, there is a lot of debris that is coming off that fill pile and is getting into that channel and is not allowing the water to get down

Engineer’s Report(cont.) Page 12

to the rip rap area, its going to the side. That’s something that we are recommending for maintenance. That is something that Fitz and Smith should take care of. Councilman Allar asked are you willing to put it into writing. Mr. Malesker said its in here, about the maintenance issue, not Fitz and Smith, I could talk to Tim about it. Councilman Allar said talking is always one way, but to take a course of action. Councilman Noll said that is the least they could do for holding us up for so many months.

Mr. Malesker said unto the wetland mitigation I did attach to the Engineer’s Report,

an email that Jake had sent regarding the status. Danko said the plans look acceptable for the purposes of wetland mitigation, to resolve the non compliant action. The narrative did not include discussion of long term management,adaptive management, which the Corps will have to incorporate into special conditions. That is something that the borough needs to work out with York Township. Councilman Allar said the first two adaptive management as far as maintenance, the management plan will include five year inspection. Jake says he can put this plan together. I’ll assume at this point, under the arrangement with C. S. Davidson. When it talks about conservation instrument, this is basically to protect our ¾ acres. Its going to be in the form of a conservation easement or deed restriction. It’s a guarantee to DEP and the Corps of Engineers, that nothing can affect this particular piece of property. And its also going to have to state that we have some kind of access to it, that York Township, says that Yoe Borough has access for maintenance. We will write that up for our solicitor as far as implementation of this.

York Township will actually put it on file. These documents are not really needed now.

They have to be done, prior to York Township getting their permits. They’re not there yet. Even though we told Miller, everything is good to go, its still not out on the street yet. As part of contract going forward is getting DEP permits. At some point we will have to get these documents, they aren’t going to give us the permits until we have a management plan and the conservation instrument, those need to go forward with the application for the permit. The township will be sending that in. Jake will do some of this stuff, and the sub contractor. Mr. Malesker said the conservation instrument, that was what Rettew was to have done previously but never did, and I had talked to them before and they did agree, that since they dropped the ball, that they would do that for the borough. Councilman Allar said that’s fine, if that’s solid, give them either Jake’s number or Miller’s. Mr. Malesker said we tried contacting Dan Seranulka from Rettew , this goes back into last year, when he agreed that it was an oversight on their part and they would make it right. Do that for the borough. I have been trying to call him and he is not returning the calls. So I don’t know if he has changed his mind, I can pass that name unto Jake. Councilman Allar said I’d like that you make the contact so there is some kind of understanding to follow up on. Mr. Malesker said that’s not part of our scope to do anything with that. Councilman Allar said if he’s going to do the conservation easement,

then when its in draft form we can run it by Jake, he can run it by Mike Danko. If we can get Rettew to do an initial draft. I’m sure Miller can provide all the information that we need, as far as maps. Mr. Malesker said Jake probably has all of that. Councilman Allar said I want to keep the township involved with that. They’re the ones that have to put it

Engineer’s Report(cont.) Page 13

on the plan, they are comfortable with that too. Mr. Malesker said you may have to get that information from Bob Miller and send that to Rettew. Councilman Allar said I would prefer that Rettew, Rettew would know what information they need. Mr. Malesker said I have no guarantees that they are going to be cooperative with that. Councilman Allar said if they’re not, this is what they need to do within the next thirty days, if you find out that they are no longer going to do it, short of a law suit. All I’m saying is that we have a good understanding of what Mike Danko’s looking for. And we can probably deal with someone if we have to, at minimum. Mr. Malesker said that’s all I have on that.

Mr. Malesker said we haven’t heard anything on the H20 grant application. Contacted them today, didn’t get a response back and hope that’s sometime soon. Councilman Noll said just so that everyone is aware, once we do find out that we are getting that, that we don’t make any further direction to C. S. Davidson before the next council meeting as far, I don’t want to engage in a lot of things, we need to discuss that that means as a council and also how much money we did get, we have some issues going down the road. Once we know, distribute that immediately to council, yes we did no we didn’t, what the dollar amount is, then discussion at the next meeting. Mr. Malesker said the entire scope of work is based on that. Councilman Noll said there was some questions from the last project on how we want to look at inspections. There was some concern on whether there should be a third party inspection. You know what the questions were. I want to make sure the opportunity to talk about this before we get too deep into it.

Mr. Malesker said the dam inspection report that is due at the end of this month, I have the borough copy here. If you need extra copies let me know. I do have a copy of the Emergency Action Plan that the mayor gave me. He did complete the necessary page that I needed. Two copies will go to DEP tomorrow along with a copy of the latest emergency action plan. Mayor Sanford said when we get the signed copy back the borough will get a copy. Mr. Malesker said the only maintenance item in there, is on the concrete spillway, that Fitz and Smith is causing some diversion of that water getting into the rip rap channel. Otherwise things are looking pretty good. Councilman Allar said we can keep the pictures here for Dana.

Councilman Noll said the letter that came out on November 29th to Yoe Borough with the municipal floodplain revisions. C. S. Davidson contacted FEMA, with the ordinance, do we have everything in order with the floodplain. Mr. Malesker said this was basically FYI, there is no action required at this time. They issued some regulation on the last flood plain ordinance that the borough complied with, and now they’re saying there are some issues with what they required. There are probably going to be some changes. They are saying suggested provision. Councilman Noll said they are going to send us an update to update our ordinance language. Mr. Malesker said so. Councilman Noll said the current ordinance that we adopted about a year and half ago will be part of the current codification, we have to wait for FEMA to give us the current regulations. They are real

Engineer’s Report (cont.) Page 14

nice about it, they said you don’t have to adopt to, but if you don’t, we aren’t going to allow any property owners to qualify for flood insurance. Mr. Malesker said there are basically some errors, after all the municipalities adopted those ordinances, they corrected the errors. We’ll take care of it then.

Zoning Officer’s Report

There is no zoning officer’s report.

Maintenance Report

Mr. Shearer said I did check with John, we had a question about the signs. To move the signs at the park or change the language on that. With consultation with York Area Regional, they said the sign is adequate, the language is adequate. They are comfortable with it. When the park is closed, get people to report any incidents that they see, and they will increase patrols in that area. Councilman Noll said and that includes any persons in the park after dusk, please do not hesitate to call. Let other residents know that if they have concerns to do that same thing.

Mr. Shearer said Dallastown came through today to get the rest of the leaves. They started, if you get them out you may have them disappear. They came through and got everything today, their borough and ours. If there are leaves still down, they will take grass clippings, you can bag those up and take them out for trash.

Mr. Shearer said I got the salt box on the 350 and we are working on the rest of the equipment for snow removal. York Township assures me that once they get through leaf season, they’ll bring us in some more material.

Mr. Shearer said we did get the tree removed on the lot on E. Pennsylvania. They had someone that wanted the wood. Councilwoman Tyson said if that would happen again, I know of someone who would want the wood. Mr. Shearer said I ran into before, people wanted the wood, but failed to pick it up.

Mr. Shearer said since the holiday is on Saturday, I will be off on the 24th. And I will be on vacation from the 28th to the 30th. I will only be working on the 27th providing no snow removal needs to be done.

Mr. Shearer said with the rain the other day. We had some leaks show up, one was here in the men’s bathroom. It ran through the fan light. A couple of spots popped up in the bay. I got a quote from Gangloff Roofing, its on the backside of my report. They came down to access the situation, around the snow guards on the roof, with the harsh weather from last winter and over time, the screws are starting to work loose out of the guards and water is seeping in. They have a quote here for $450.00 to straighten and refastened the

existing snow guards, use material on the roof now to straighten them out and seal any oversized holes in the existing roof panels. Councilman Noll asked if we have snow guards only on the front of building not on the back. Mr. Shearer said we have some on the back. Councilman Noll said I’m just wondering if we should reinstall them. Save wear and tear on the roof. Mr. Shearer said I would like to let it sheet off that backside.

A motion was made by Councilman Allar to for $450.00 to fix the roof, with the contractor Dana has recommended. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Noll said so be it. The secretary reminded Dana that a certificate of insurance is needed.

Councilman Noll said I gave Dana a copy and put a copy of horseshoe pit design that the Kinsley School will be doing in the circulate file. Waiting for schedule, may not happen until spring but they are gathering materials. The labor will be donated, the material together for the park season. We were up last week and pulled all of the silt fence out.

Councilman Allar said I talked to Barry and he was in contact with Tim at Fitz and Smith. Barry asked me what plan B was, I said I don’t have a plan B. So I spent the last couple of days putting a plan B together. I was able to talk to Tim, I asked him when he planned to get the E& S plan over to the conservation district. While we’ll have a dedicated site at Fitz and Smith, he is still working on the plan for the whole Fitz and Smith site. Apparently there are dynamite bunkers up there, that they’re tearing down.

Barry had a good suggestion that maybe we could use the landfill. I mentioned to Tim that while he can’t give me a date for getting the E & S plan done. I said okay, what if you took it up to the landfill. Keeping in mind, we already had a deal, now this is going to be an additional cost, seems like he could give us a break on the rate. He said possibly, I’ll crunch numbers and get back to you. He never got back. I still don’t know when he is going to do the E & S plan. Barry also suggested that Jake Romig’s company has the capability to do the dredging. I contacted Ecostruction, and got one estimate here.

We can compare that with Fitz and Smith. Mr. Shearer said we would save about $45.00 dollars an hour at least. Fitz and Smith is $95.00 for the excavator and the Truck is $72.00 so that is $167.00 versus $120.00. That is almost $50.00 an hour. Mayor Sanford asked is the truck the same size? Councilman Allar said I do not know I did not get down to that detail. Its not so much the size of the truck ,its what truck that can negotiate going into the upper end where the rock veins are. You are only going to be able to get one size truck in there. Mr. Shearer said when we talked to Tim, we thought we would only be able to get a single axle in there anyway. Councilman Allar said I don’t think we could get anything above a single axle in there. Mayor Sanford asked is this the price for a single axle? Councilman Allar said I believe it is. As far as the dump sites go, Barry got this nine page SOP from the landfill. It’s a DEP guide. What we really need is certification that what we are taking out is clean fill. They have 6 to 7 definitions of dirt.

I called the Analytical Laboratory, which is acceptable to the landfill. Asked them to do a quote, its called a TCLP analysis, running totals. I only have one copy. Its $525.00 to do the lab analysis. If we take the sample ourselves we save $50.00. They have a local office, they have a York office. We would get a container from them, it has to be put on ice immediately and then it has to get to the office the same day. That is some of the qualifications. Assuming that passes the standards, we could start using the landfill.

Maintenance Report(cont.) Page 16

I specifically asked if we have to do this, every time we take dirt out. Jim Kuhn said no, we only have to do this one time. They are absolutely clear that this is going to be continuous. Councilman Noll said get that in writing because I’ve had problems when they say one thing on the phone. If we are going to do it long term, we out to get that in writing. Tim told Barry that it wouldn’t cost us anything. When I talked to Tim, he said I didn’t know it was going to be more than once. I made it clear, it was going to be more than once. I think we can get away with that. Its not going to be that large. Councilman Myers said they are going to use that for cover anyways. Councilman Allar said we get Analytical Labs out, we get the sample and then like Seth’s saying, we got to get something in writing. The only question is, is this bid acceptable or do you want to look at others or what? The dirt is building up there, we have to do something. Councilman Myers said the questions is between the two, can they go out and do the test now anytime. Get that test done as soon as possible before we arrange this stuff, because if there is an issue. Councilman Allar said I don’t think we should contract here yet. If we take a vote, and this is a supplement, we can do this anytime. If everyone is agreeable, and we allocate this $525.00, all we have to do is sign this, I’m going to give this to Sandy. That will go back to Analytical Labs so they know where to go as to taking the sample. I don’t imagine that will take more than a day or two. You work with Tim right?

Councilman Myers said Tim O’Donnell yeah. Councilman Allar asked would you be willing to call him and put this in writing. Once we get the sample back. Councilman Noll said I just want to make sure, normally they’ll test once on site, my fear is six months from now it fills up again, well its technically we don’t know what is there.

Councilman Myers asked Councilman Noll to email him, exactly what you want.

Councilman Noll said okay. Councilman Allar said Jim Kuhn is the guy that told me only one sample. Councilman Myers said I want to talk to Tim. Councilman Allar said we’re actually saving more than going with Fitz and Smith. Councilman Myers made a motion that we accept Ecostruction contract, for the first cleaning and then make a determination from there if we want to continue using them. Councilman Allar asked that Seth sign the Analytical Lab, and when its sent out put a note on there have them contact me for the sample sight. The motion was seconded by Councilwoman Tyson. All in favor.

Councilman Noll said so moved. Councilman Noll said I think we would ask for contract, for signature. Councilman Allar said he will call Jake at Ecostruction. A motion was made by Councilman Allar to execute the contract with Ecostruction when its received.

The motion was seconded by Councilwoman Coble Tyson. Councilman Allar said if we can do this in the next couple weeks. Councilman Noll said he would like this to go to Attorney Cook for a quick response, and if he says its okay I’ll stop by and sign it. The secretary asked do we need a certificate of insurance. Councilman Noll said no,its more like a sub contract, a purchase. All in favor. Councilman Noll said motion carried.

Zoning Officer’s Report

Councilman Noll said we don’t have the zoning officer’s report, anything for the zoning officer? There was no response.

EMA Report Page 17

Mayor Sanford said Michael Fetrow as been appointed as the new EMA Director for the county.

Councilwoman Tyson said we don’t get a written report? Councilman Noll said if there is an emergency that’s when its brought up. Mayor Sanford said Rodney Smith is our EMA Coordinator and I’m the acting deputy EMA.

Mayor and Police Report

Mayor Sanford submitted the Mayor’s report from November and the police report from September and October are listed on the bottom. See Supplement A to these minutes.

Mayor Sanford reported that Ron Smith the President of the Dallastown Borough Council will be the new representative/alternate to the Regional Police Commission for 2011.

Mayor Sanford reported that Dana reviewed the signs at the park and our conversation was noted.

Councilman Noll asked so many service hours in September. Mayor Sanford said it is budget time.

Councilwoman Tyson asked do you happen to have a copy of last month’s mayor’s report. Mayor Sanford said no.

Councilman Noll asked is there anything that we would like the mayor to take back to the police department any other concerns.

Mayor Sanford said we lost the area where the driveway on Main Street was used by the police to post their cruiser.

Secretary’s Report

The secretary said the cards that you signed will go to our engineer, solicitor, Gail Koller, and Dan. This year I added cards for Stacy Blessing, our newsletter coordinator and Bruce Manns, who anytime I need him to update the website he does and I was wondering if I could get a small gift card to send to Stacy and Bruce to thank them for going the extra mile at Brown’s. Councilman Noll said $25.00 would be appropriate.

A motion was made by Councilwoman Tyson to get two $25.00 gift cards. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Noll said motion carries.

The secretary said when we talked about the effective date for the 2011 wages last month, we said we would like them to begin January 1, 2011. The first pay for Dana is January

Secretary’s Report(cont.) Page 18

12th, Ted said he would like to make it affective December 27, 2010, he would have a problem making one week 2010 wage rate and one week 2011 wage rate. So I’m asking you to change the effective date for 2011 wage increase to December 27th for Dana and myself. In other words one week in 2010 will be reflected into 2011 wage rate. I just wanted to make sure it was clear for the auditors. A motion was made by Councilwoman Tyson to change the effective date for payroll rate increases from January 1, 2011 to December 27, 2010. The motion was seconded by Councilman Myers. All in favor.

Councilman Noll said motion carried.

The secretary said the office will be closed the week of December 20th. I’ll be back in the office December 27th.

Unfinished Business

Councilwoman Tyson said a quick update on the memorial. Right now created a website, its We went and I collected money from the jars from four businesses. So far has gone into the jars is $97.33.

Councilman Allar said there is going comprehensive plan meeting tomorrow at Red Lion at 10AM. We are going over the draft of the comprehensive plan. Anyone that wants to come. I do not have any extra copies of the draft. The secretary asked if you could ask for a copy for the borough. Councilwoman Tyson said after tomorrow I can have my copy here.

Councilwoman Tyson asked that for her phone number be put down as the borough office phone and leave a message for Sandy and I get back to them.

New Business

Councilman Noll said we need to adopt Resolution 2010-07. The resolution is a resolution of Borough Council of the Borough of Yoe authorizing borough council to establish fees, it is the fees that we have each year. Councilwoman Coble Tyson said that on the first line, it states intends to adopted a codification, it should say adopt. Councilman Noll made noted correction. A motion to resolve Resolution 2010-07 was made by Councilman Allar. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Noll said motion carried.

New Business

There was no new business.

Payment of the Bills Page 19

Councilman Noll said there are additional bills: Verizon $74.51, Verizon $36.67, and VISA $9.99. A motion was made by Councilman Allar to pay the bills as listed with the additons. The motion was seconded by Councilwoman Tyson. All in favor.


A motion to adjourn the meeting at 9:39PM was made by Councilwoman Tyson. The motion was seconded by Councilwoman Coble Tyson. All in favor.