Monday, February 7, 2011

Yoe Borough Minutes - January 4, 2011

YOE BOROUGH Pg. 1

150 NORTH MAPLE STREET

YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on January 4, 2011 at the Yoe Borough Municipal Building, 150 North Maple Street, Yoe, PA. The meeting was called to order at 7:02PM by Vice President of Council Seth Noll beginning with the Pledge of Allegiance.

Council Members in Attendance:

Seth Noll

Barry Myers

Tom Allar

Jamie Tyson

Wendy Coble-Tyson

George Howett

Others in attendance:

Sandy Sterner, Secretary-Treasurer Stevan Dietz and Gary Ishman,PENNDOT

Dana Shearer, Maintenance

John Sanford, Mayor

Steve Malesker, Engineer

David Cook, Solicitor

Jerry Pickel, Wildlife Enforcement

Vice President of Council Seth Noll said that President of Council Sam Snyder is in the hospital. Keep him in your thoughts and prayers.

Minutes

Councilman Noll said we have the minutes from our last meeting. A motion to approve the minutes of the December 7, 2010 council meeting was made by Councilwoman Tyson. The motion was seconded by Councilman Howett. Councilman Noll asked if there was any discussion. All in favor. Councilman Noll said minutes passed.

Visitors

Jerry Pickel presented a contract for 2011, he said this is in the same format as we have had for the last five years. There is a price increase of $5.00 for a set up fee for traps.

That equated for $10.00 for whole last year for the borough. Just to give you an idea what happened last year. That is where we stand. If you like you can approved it tonight. Councilman Noll asked none of the verbage has change from the last year? Mr. Pickel said just the price increase for set up fee for traps. Mr. Pickel said the other thing I’d like

Visitors(cont.) Page 2

to address is in the process of trying to remove some of these pigeons from Yoe Borough, we’ve been successful in removing fourteen, we set a limit of 25. I found a secondary roosting place within the borough, I want to contact those people and see what they can do about closing it up and eliminating that roosting site. I think Yoe Borough would be proactive in, we went two months to try to get this problem resolved. And with me not being up to par within the last couple weeks I haven’t been able to hit that 25 number. I would like to have green light to proceed to try and get that 25 to extend the time frame over the three month period. Try to rectify. Councilman Noll asked knowing the time of the year it is, is it worth expending the energy? Mr. Pickel said if you sit on it till spring, then they are going to bust up into pairs and then you are going to have a larger problem because not going be as available to remove and then usually they give birth to, so the numbers are going to get larger. Councilman Noll asked how many have we gotten six or eight? We got fourteen okay. How long of an extension are you asking for? So we can put it in the motion. Mr. Pickel said I would think approximately two months because of weather conditions, you say January and February get bad weather. Councilman Noll said so you are asking until the end of February. A motion was made by Councilman Allar to extend our contract until end of February for the removal of pigeons under the terms and agreements of previous time period of contract. The motion was seconded by Councilwoman Tyson. Councilman Noll asked is there any discussion. All in favor. Councilman Noll said so moved. We have the contract here since it’s the same as before the same services, something if everyone wants to, approve this evening. Anyone like to take a look at it? Councilman Tyson said she would. Mr. Pickel said this is the contract for the whole borough, that doesn’t cover the pigeons or what we talked about previously. Councilman Noll said this is just a general contract. Mr. Pickel said for the borough properties and all the other properties within the borough. Councilwoman Tyson asked do starlings have the same amount of diseases as pigeons? Mr. Pickel said no, but starlings can be a bigger pain in the neck to get at. Councilman Allar said taking it one at a time, until we take care of these two roosting spots, nothing is going to be resolved.

The second one is Yoe Auto Parts. Jerry and I talked about and Jerry is going to try to start dialogue for a fix. Assuming that works, if it doesn’t work we will have to come back. Councilman Noll said talk to Hank Walderman, he is one of the owners at Yoe Auto Parts, I would deal with him. He is going to be the guy that will be able to help you the best. Mr. Pickel added that the meeting that we had with Mr. Cook, Mr. Allar, Mr. Shaw and myself had a meeting here previously to look at the property that has been abandoned. That back end of that property has been repaired by the property owner, the part of the property that faces the street. He hasn’t repaired the porch roof, we noted as problem at the time But he has repaired the back side of the property. That repair is super. He did a fantastic job. It was a lot more than I would have expected after having a conversation with him. He’s also, Tom and I talked about this, I’ve had the privilege of actually being inside of the property and walking the property from the second floor to the basement. And there is not anything that I would consider harborage. Because there is no heat or no electricity in the property the amount of wildlife in that property is going to be extremely minimal at this time of the year. What is going to happen this spring that is

Visitors(cont.) Page 3

going to be a whole other scenario. We’ll readdress that, at that time I think. A motion was made Councilman Allar to approve and sign the standard contract for Mr. Pickel for 2011. The motion was seconded by Councilwoman Tyson. Councilman Noll said any other further discussion. Councilman Tyson said I want to thank you for recognizing Yoe Auto Parts and going to them about the roosting area. Councilman Noll said if you have any problems just let me know. Mr. Pickel said I only had one telephone call, from a woman that lived in a building owned by York Housing, she was concerned that two pigeons sitting in a trap were getting wet. I had to explain to her, up here at the Exxon Station in Dallastown you can see them sitting there all day long. Councilman Noll asked no further comment. All in favor. Councilman Noll said so be it. The white copy is for borough record.

Councilman Noll asked if there are any other visitors. Councilman Myers said we have two representatives from PENN DOT. Do you want to tell you what is going on or what?

Mr. Dietz said my name is Steve Dietz from the Department of Transportation, Engineering from Harrisburg. Gary Ishman is for the representative for York County.

Mr. Dietz said I will give you a business card. The secretary said thank you. Mr. Dietz said we received communication recently from Steve Malesker and Barry Myers. Barry thought we should stop by to see if there are any questions by the borough, to talk about

your plan of action on Main Street. Councilman Noll said currently we have gotten our final easement taken care of , which was the large hold up keeping all the property owners in mind. We have our contractor already picked which will be Fitz and Smith.

They have done a quote of it, some time ago in preparation. They have placed a PA 1 Call. You may noticed the marks that are out there on the road. They are planning on starting out there on Thursday. We have met with a couple of property owners down there. I met with the contractors at 7 o’clock walked the project. They’re ready to dig up the far end closest to Philadelphia. Philadelphia and Main Street, we’ll start there put our pipe. Originally we were going to try to go under the sidewalk, we found out the sewer lateral was there, we had requests from the sewer authority not to go under the sidewalk, reason being is there if they ever have to get to the sewer lateral they’re going to be digging right down to our pipe. So they are going to try to skirt along the backside of the sidewalk as much as possible down to the inlet and tie everything in.Hoping that work takes approximately a week to a week and a half then everything will be restored and finished. Councilman Myers said the only that, Fitz and Smith is the contractor, I’m sure you guys know them. If they say they are going to be here today and they’re not here today. We have no plan B. Its important it gets down because of the liability on us and you guys. If we hear something I’ll let you know. Mr. Dietz said keeping correspondence with the department is key element. Keep us updated on our progress and also when the project is completed. Mr. Malesker said on this scenario there are no street cuts. Going in the back side of that inlet that is already there. Hopefully the elevations will work out between where they’re tying in and where they’re going to that intlet, we don’t know

exactly what the elevation of that pipe is, cause we weren’t able to get the camera to it.

Visitors(cont.) Page 4

So worse case is, they may have to, go in the street to tie into that inlet that’s, we’re going to try to avoid that. Mr. Dietz said if that’s not approved, you have to understand that there is proper HOP that needs to be required. Mr. Malesker said right. Councilman Myers said that is something we can get approval, how long would that take for that?

Mr. Dietz said I’m not sure how long it would take, the permit office would know that.

Councilman Noll asked would it be in our best interest to declare a sort of a emergency work if that has to happen. Would that speed the process along with the discharge being in winter, freezing? Mr. Dietz said I would say yes. There is no fee for HOP, but there is a process that has to be followed. I would advise that you make preliminary contact with

the permit officer, he’s got to need to what’s going on. Ferdinand Tortilio, you probably

know of him. Mr. Malesker said yes. Councilman Noll said do we need to pass a motion so that you do that to take that course of action. Mr. Malesker said that’s just back up, it’s a scenario that won’t take place, that would be the only other alternative. We did get a cost to directional drill. There are so many utilities out there, it would be cheaper and much better, so much going on in the street. Councilman Myers said if there is anything going on in the street, just give me a call. Mr. Dietz said if there are work zones in the street. Mr. Malesker said I would think there may be but most of it will be on Philadelphia Street. Mr. Dietz said there are restrictions. Councilman Noll said at this point if there is it would be a minor five minute interruption, we are not setting up patterns or anything like that. Mr. Dietz said if you restrict the road that requires a 15 day notification. Councilman Noll asked do you have any additional questions for council?

Mr. Dietz said I do appreciate the cooperation from council, getting involved in the safety aspect. Councilman Myers said we apologize. Councilman Noll said we do appreciate your patience with council trying to get all these issues resolved. We will shoot an email off to you as we progress. Let you know when everything is complete. Mr. Dietz asked Barry will you be the contact person? Councilman Myers said yes.

Solicitor’s Report

Attorney Cook said he would like to follow up on Attorney Solymos. He is back in the hospital right after Christmas again. He had emergency surgery this past Sunday. He is still available for contact. He anticipates to come back the end of this month beginning of next month on a part time basis. He indicated to me, he will continue on a municipal basis and get back and up to speed.

Attorney Cook said as you heard, the Main Street water run off issues is being resolved.

Attorney Cook said I do have the park rental agreement update of the draft to take a look at. Any questions or concerns about it. Basically I went to revise it to protect the borough of any possible injuries or claims as the result of the use of the park. We revised it that if its requested for a specific purpose and it exceeds what ever purpose it was for that would void that rental agreement. For example if it was rented for a birthday party and ended up being something else. Essentially, come and shut it down. Councilman Noll asked do we

Solicitor’s Report(cont.) Page 5

have any language in here on forfeiture of deposit. Attorney Cook said it is revised slightly, still time to revise it. Councilman Noll said we can make changes or approve it at the next meeting. The secretary will send one to Gail Koller with comments for the next meeting.

Councilman Noll said I know we had some open questions on the Bowser case, where does that stand. Attorney Cook said there is no push, it stands as an open ended extension. A brief needs to be filed, the applicant has to request a court assigned judge to hear the matter, it takes about a month to assign a judge. Once that happens, the judge sends out notices. The hope was for Pete to come back because he is more familiar with the issues. Attorney Cook said with January being a lighter month, if need be we can get it moving along.

Councilman Noll asked do we have anything more on the quiet title action. Attorney Cook said that should probably be done by the end of the week. The application is done.

Councilman Noll asked when you said done, does that mean the application will be filed or that we have all the paperwork and we’ll have possession. Attorney Cook said no, what we’ll happen a draft will have to be filed. For someone to sign off and that they have knowledge. The notice is filed. Councilman Noll asked how long does the interested party have? After it is served they have twenty days, if they haven’t filed then we have to send out a 10 day default notice. If there is nothing after that ten days then we take a default judgment. Councilman Noll asked then someone has to take the application to the courthouse to change the deed records? Is that something you do? Attorney Cook said that is good question, I’m not sure, if the order itself is sufficient to file itself as a file of record. Councilman Noll asked the deed would cover that, is that something you would do Steve. Mr. Malesker said you just have to make sure that its recorded. Attorney Cook said the order itself might be sufficient to have it recorded, to put everyone on notice.

Councilman Noll asked if you could just follow through with that, make sure we understand that we have to file a deed, create a deed. Mr. Malesker said that’s all in the legal description. Councilman Noll said I just want to make sure we have final record.

Councilman Allar asked where are we at on the Smith property, we had a motion last month to involve Code Administrators. Attorney Cook said Dan and I have been playing phone tag over the holidays and so on. That hasn’t progressed at this point now that the holidays are over, things are lighter. Councilman Allar asked he hasn’t responded to the original letter yet? He hasn’t followed through. Attorney Cook said right. Councilman Allar asked so do we have certain action on his non action. Attorney Cook said the problem like we discussed last time, the letters that were sent which said at the end if he has non action that we would go to magistrate. We need an idea on the cost if the borough was going to take down the property. If we were going to take action, which the previous notice didn’t do, but as far as do we have to act, or does the borough have to act

Solicitor’s Report(cont.) Page 6

in a certain time, that is not an issue. Councilman Allar said we know that the magistrate is only going to fine. Attorney Cook said the fine can accumulate, at least if its gone, the cost can accumulate. Councilman Allar asked so you will be following up with Dan. Councilman Noll asked would it be reasonable to set some targets here, to set a date to have some type of resolution or make the next step. The date of January 21, 2011 was set.

Councilman Allar said if a new letter has to be issued, to make it written better. If that is what we need to do, then we need to do that. Attorney Cook asked when you mention the 21st what do I need to do? Councilman Noll said if we have to have a meeting with Dan, further letters for non compliance that they are issued by that point, or if there is a letter written that says you have complied with our original orders, just so we have it documented. Councilman Allar said there was a motion last month and he read it. Councilman Noll said if we can have some resolution by the 21st whatever that may be.

That gives you two weeks to have meetings so we know where we are by the next council meeting.

Councilman Allar said your assistant, the tax specialist, he hasn’t gotten back to us.

There is no real rush, if he calls me, I can cover it in five minutes.

Attorney Cook said I have the code of ordinances to get ready for the February meeting.

Councilman Noll said we are looking at having public meeting for next month on the ordinance changes that way we can move to final resolution and get it adopted. Councilman Allar said there were comments from YCPC. Councilman Myers said they are in the circulate folder. Councilman Noll said I haven’t had time to sit down with Sam to go over that. We can over that when we go over any other additional public comment.

Any changes go back to the codifier to make them. Councilman Allar asked does that mean we have to do a second public meeting then? Attorney Cook said I’m not sure that it does. Councilman Noll said I think it depends on how substantial the changes are. Attorney Cook said as I understand it with the planning commission changes was, minor corrections, any questions in addition to that, has been resolved. If that is the case, we can have the public discussion if they change with the public discussion then we may have to have another hearing. Councilman Noll asked how many days out does that have to be advertised. Attorney Cook said three times from fifteen to thirty days. Councilman Myers asked does it have to be in the newspaper or can we put it on the board down at the station. Attorney Cook said two in the newspaper I believe. The secretary said if you get the ad I can get it on the website. Attorney Cook will take care of advertisements.

Councilman Noll asked on the Springettsbury ordinance, have you had a chance to look at the ordinance. Attorney Cook said I will contact them to get a version to simplify, it won’t be a problem.

Engineer’s Report

Mr. Malesker said thank you for the condelscences, cards and gift baskets on the death of my little brother. Thank you very much.

Engineer’s Report(cont.) Page 7

Mr. Malesker said the first item the engineer for Orchard Hill Vista plans be tabled for tonight’s meeting. Councilman Myers asked do we have to do it every month? Councilman Noll said technically to be legal. Mr. Malesker said if you are getting

if you think there has been a long enough time to address the preliminary comments that was made by you and York Township, the borough can request an update of what is going on or say by a certain date we have to have updated plans otherwise we’re just going to reject it and be done with it. Have it dragging on. Councilman Noll said is that something you can send a letter on our behalf. Mr. Malesker said typically the borough would send one. Mr. Malesker said he would be able to help the secretary. It would be sent to Orchard Hills Vista and James Holley and Associates, their engineer. You can give them a chance to respond. They might be waiting on some type of approvals. There are some situations, with NDPES permit, sewer module, but with case there aren’t any.

Typically you give an opportunity to give an update and if they’re just stalling, update us at this time. Councilman Noll said it may be to advantage to wait until we have the new codified ordinances, reject it if they have to file under the new ordinances. That would be my only suggestion at this point. We won’t send a letter at this time. Mr.Malesker said the original plans were sent before these new ordinances were adopted. Councilman Noll said after the plan has been rejected, we have some basis. You need to have permits active. A motion was made by Councilman Myers to table the Orchard Hills Vista plans for this month. The motion was seconded by Councilman Allar. All in favor. Councilman Noll said so moved.

Mr. Malesker said on the flood impoundment restoration area. Conservation District met with Flyway on December 7th, I think I did send the emails, they are requiring to pull in all the erosion control matting. Flyway has known that since June and hasn’t done it so they have it in writing again. They won’t close up the project until that has been done.

Jeremy has been requesting another meeting with the Conservation District and he hasn’t been able to connect with them on that. We haven’t entertained the final application for payment yet. I did speak with Flyway about a meeting in February, they basically said the entire month of February or early March is open so I wanted to get some particular dates.

Councilman Noll said anytime but on a Thursday. Councilman Allar said anytime, have to check with Jake. I will check with Jake. Mr. Malesker said Sam wanted to be there. Councilman Noll said only three can be there. Mr. Malesker said the certificate of substantial completion was signed on May 28, 2010 so we have until that date in 2011.

Mr. Malesker said on the wetland mitigation, I don’t have an update on that. Several phone calls to Rettew because they said they would make good on conservation easement that they did not complete before. At one time they were cooperating, but now they won’t return the calls so. Councilman Allar asked can you give like a memo on your conservation with Rettew, who you talked to, when you talked to them, what was discussed, and phone number. Mr. Malesker said I believe I do have an email. Councilman Allar said if you have it, you can give it to me and I’ll call them. Mr. Malesker said I’ll give that information to you. I don’t know if you hear anything from

Engineer’s Report(cont.) Page 8

Growing Greener/DEP, waiting to meet with York Township to work out. Councilman Allar said the finances are in place, we got a little over $30,000.00 I want to remind everyone that Jake did that grant for free. The secretary said I do not have a copy of the grant. I got an email from Joan Bame I forwarded to Steve but I should have forwarded to Jake which I did. The grant center has the grant application, it wasn’t listed on there who owned the land, they needed clarification on that. They asked for Sam, because Sam’s name must have been on the application. Steve advised me to send it to Jake on Monday.

Jake has that, he needs to get to Joan Bame because it can’t move forward until she gets that information. Joan Bame, she is with the grant center. I do not have a copy of the application so I could not look at it. I never got a copy of the executed paperwork back.

Mr. Malesker said Jake could have just sent it them too. The secretary said I do not have that in the wetland mitigation notebook here. I’d like to have a copy for the borough records. Councilman Allar said we have $15,000.00 from the anonymous donor and a little over $15,000.00 from Growing Greener. In addition to that there is some credit of monies, that we already have spent. Its more like $35,000.00.

Mr. Malesker said I did forward the emails on the H20 application. The December meeting were cancelled so there has been no decisions made on that application.

Their next meeting is scheduled by January 13th, hoping that they make some decision because the next meeting isn’t until March.

Mr. Malesker said I can contact Ferdi at PENN DOT, regarding the unauthorized discharge down Main Street. Fitz and Smith said would make it work, make a manhole type structure. You would need a manhole for access. Mr. Shearer said this work is going to get us down in front of Scott Floyd’s house. We don’t know how much of the water will be shut off. Discussion continued.

Councilman Allar said for your information as to the Millcreek Preserve as of this afternoon, Miller of York Township has everything he needs from us. There are some very minor changes. As of today we are good to go with York Township. They will probably be putting out on the street, the design built contract in about two to three weeks. My feeling is, since we have very key pieces, we should have a role in who the selection for the contract is. I don’t think York Township is going to have any problem with that. So we probably should send them a memo or email. Just to formally, just to make sure something doesn’t fall between the cracks, to say when the time comes we would like to participate in the selection process. I think you would be excellent for that.

Councilman Noll said I am going to try to meet with them, its on my list to stop and see him. Councilman Allar said I didn’t know if you wanted to make a formal request from the borough to the township. If you can’t do it, I can do it. Councilman Noll said I don’t have problem doing that. I’ll talk to Bob about conflict of interest in bidders.

Engineer’s Report(cont.) Page 9

Councilman Noll said do we need to approve him for the HOP if needed. Do we need a formal motion? You are just putting him on notice? Mr. Malesker said unless they say that they’re going to make you get a HOP under the second scenario. In the event that we do have to get a HOP, fifteen days are needed so we would have to wait. Discussion continued.

Maintenance Report

Mr. Shearer said my report is short I didn’t make copies.

Mr. Shearer said I’ve been working with Fitz and Smith to get what they need.


Mr. Shearer said performed snow removal as needed.

Mr. Shearer said we will be getting a spare chain for the spreaders. Spreader number one, the older spreader, its chain is at its max adjustment. Spare chain for this winter. I don’t have a cost estimate yet.

Mr. Shearer said when Rick Levan and Greg Behney from Municipal Services were here to help closeout the project from last year. We talked to them about the spring water project up there, the excavation will be eligible out of liquid fuels. I know you had budgeted some money for the project. Liquid fuels don’t pay for sidewalks or non PENN DOT spec pipe. So since we won’t be doing the sidewalk work, it will work out. The secretary reminded that there needs to be two bills. Mr. Shearer said he will talk to Teresa.

Councilman Noll said storm removal looked good.

Councilman Noll said at the park where we have the water coming out of the triple bowl sink. Did we ever make arrangements with the plumber? Mr. Shearer said not yet. Councilman Noll said you probably want to do that before the rental season begins.

Mr. Shearer said in the later February time frame.

Councilman Allar said do you want to apply for this dirt/gravel program? Mr. Shearer said the main alley that we were going to work on, Clark. If the trail is not going to be an dead issue then we can. Councilman Allar said I guess this will be available in 2011?

Once the trail comes along this may be long forgotten. Councilman Noll said I know you went to the classes for that, if you want to look at the paperwork and fill that. It wasn’t completely free we had to put in a match. Mr. Shearer said it’s a 35% minimum. When we met with Gary Peacock that time, they looked for things like major erosion problems where they are having stream sediment, things like that. He was enthused about the one along Mill Creek. Councilman Allar said we don’t have to, I just wanted to make sure you were aware of that. Do we have a cost for Clark Alley? Mr. Shearer said no because

Maintenance Report(cont.) Page 10

we backed away from it. Councilman Noll said until we get some other projects buttoned up, I think it would be wise to wait for this year. Mr. Shearer said crusher runs cheap, fill in the holes. Councilman Noll said we have the project to finish on Broad Street with street topping and the project with Yoe Drive. Mr. Shearer said I was told a late as about two months that Yoe Drive was off the table with York Township. Councilman Noll said when I met with York Township around budget time, it was on, I’ll have to ask Elizabeth.

We did budget some monies. Mr. Shearer said we were working on Broad Street when we had the conversation. That would be a general fund expense.

Mayor Sanford asked Dana for a matter of record do you want to review the agreement with the borough and district with the coal patch? Mr. Shearer said I went to the school district i.e. John to get some coal patch. I was going to get some to have on hand over the winter to patch holes and stuff. At the same time John had inquired about doing some paving work at the district. Being the later part of the fall I suggested they may not be able to do that. He was going to need coal patch to do his work and I was already had my order in to be delivered. We cancelled the shipment, we purchased coal patch, picked it up with a school district truck. In exchange with them picking it up and delivering it to us, they used less than a ton to patch. We had some intergovernmental cooperation.

Councilman Allar said you have the contract in front of you for the dredging with Ecostruction. Analytical Labs is going to email over the report. It hasn’t been sent yet.

I expect that certainly within the week. You and I, Barry will have to go over that form to send it to the landfill and the analytical report to attach to that. Its kind of confusing.

Councilman Myers said I have a letter to attach to the permit and I am going to take it over to the landfill. I’ll work on that next week.

Councilman Noll said do we need to approve the contract with Ecostruction, I know we did something last time. Councilman Allar said its good to sign and I already talked to Jake. I will sign both of these. Send Jake one, one for the borough and a copy for Tom.

Councilman Allar said the yearly inspection report for the dam is in the January circulate folder. The secretary will put it on the table under the mail boxes.

Zoning Officer’s Report

Councilman Noll said this is all in November. Met with Jerry Pickel at 76 N. Main Street, took pictures of property, check for vermin and infestation of pigeons. December 2nd the letter was written to Gary Smith about the property repairs needed and mailed. Total of two hours and eight miles.

Emergency Management Report

Mayor Sanford reported their first quarterly meeting is scheduled for Wednesday the 12th and Saturday the 15th. I was asked to do a presentation on a trench rescue, that some of

Emergency Management Report(cont.) Page 11

the folks from the Yoe Fire Co. that is part of the ATR team that was involved in up at Newberry.

Mayor and Police Report

Mayor Sanford said you have my report in front of you along with the November police report. See supplement A of these minutes.

Councilman Allar said on November 19th said you had correspondence concerning wetlands. That was some of the emails that were going back and forth. Councilman Allar asked what was involved with wetlands, I want to make sure since I’m involved. Mayor Sanford said if memory serves me, it was some of the reports that were involved with the basins. Councilman Noll said those were the reports that he had to fill out for C.S. Davidson, emergency action plan.

Councilman Noll said things are going better at Yoe Park. I’ve seen more police presence up there. It seems like they responded, see more vehicles in and out. If you could thank them from the council for their increased efforts.

Secretary’s Report

The secretary reported Patricia Myers needs to be reappointed to a three year term on the Dallastown Yoe Water Authority, extending her term to 12/31/13. A motion was made by Councilman Howett to appoint Patricia Myers to a three year term on the Dallastown Yoe Water Authority. The motion was seconded by Councilwoman Coble Tyson. Those in favor: Councilman Allar, Councilman Noll and Councilwoman Tyson. Councilman Myers abstained.

The secretary received a phone call from Attorney Craley, the solicitor for the Yoe Borough Sewer Authority, a resident named Tom Dasher was appointed to the Yoe Borough Sewer Authority but he has not been attending their meetings. Attorney Craley asked him to send a letter to the borough of resignation, that has not happened. So Attorney Craley is asking the borough to advertise for the vacant seat. I can have Joli Harrington from the newspaper or have Sam put something in the newspaper about the vacancy. He wanted it to be put in front of the council, in case you knew of anyone that would be willing to serve. The meetings are March, June, September and December at 7PM on a Thursday. They want to make sure there is a quorum for their meetings.

Councilman Noll said it required that the person be a borough resident.

The secretary said Dana and I would like to thank you for our Christmas gifts and for the cards. I also received this from Stacy Blessing, a thank you for her gift card.

Secretary’s Report(cont.) Page 12

The secretary said York Adams Tax Bureau is asking for a representative update for the borough for 2011. Our representative is Wendy Coble Tyson, and the alternate was David Naylorl. Councilwoman Coble Tyson said she has been unable to attend due to conflict with her practice/employment from her home. Councilwoman Tyson said she would serve as the representative. Councilwoman Coble Tyson will serve as the alternate. Councilman Myers recommended that the minutes definitely should be reviewed.

The secretary said three seats on council are up for election, Councilman Snyder, Councilman Howett and Councilman Allar. A two year unexpired term currently held by Councilwoman Tyson is also up for election. Councilman Noll said I just wanted to remind you that the petitions are available at the old courthouse in York.

Councilman Noll asked that council send out a get well card to Sam.

Unfinished Business

Councilman Noll said there was no unfinished business.

Executive Session at 8:39PM

Councilman Noll asked that the council move into an executive session to talk about personnel issue. A motion was made by Councilman Myers to go into executive session at 8:39PM. The motion was seconded by Councilwoman Coble Tyson. All in favor.

Reconvening of the Regular Meeting at 8:59PM

Councilman Noll said we are out of the executive session and resuming our regular meeting at 8:59PM.

New Business

Councilwoman Tyson said she would like to update the council on the memorial. We still have the collection containers out. I just collected an additional $22.04. We are waiting on Lorann Jacobs to get back to us with a sketch of what the memorial will look like when completed.

Councilwoman Tyson asked about receiving the PSAB magazines. The secretary said when the dues go in this month, your address will be included to get the magazine.

Councilwoman Tyson said Stacy Blessing is going to start working on the spring/summer newsletter. If anyone would like to enter anything March is the deadline. I wanted everyone’s opinion of we should send it out in April or May. Ms. Blessing said she doesn’t get a lot of information from organizations in the area until May. Councilman

New Business(cont.) Page 13

Noll said May is fine. Ms. Blessing would like a borough representative paragraph about themselves about 200 words.

Payment of the Bills

Councilman Noll said you have the bill list in front of you with the additional bills of : VerizonWireless: $50.21. A motion was made by Councilman Howett to pay the bills as listed with the addition. The motion was seconded by Councilwoman Coble Tyson.

All in favor. Councilman Noll said bills are paid.

Adjournment

A motion was made by Councilwoman Tyson to adjourn the meeting at 9:02PM. The motion was seconded by Councilwoman Coble Tyson. Councilman Noll said we’re adjourned.