Saturday, April 23, 2011

Yoe Borough Minutes March 1, 2011



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on March 1, 2011 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7:02PM by President of Council Sam Snyder beginning with the Pledge of Allegiance.

Council members in attendance:

Sam Snyder

Seth Noll

Barry Myers

Tom Allar

Jamie Tyson-left meeting at 7:45PM

Wendy Coble Tyson-left meeting at 9:52 PM

Others in attendance:

Sandy Sterner, Secretary-Treasurer

Dana Shearer, Maintenance Supervisor

John Sanford, Mayor

Steve Malesker, Engineer

David Cook, Solicitor

Jerry Pickel, Wildlife Enforcement Officer


Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting, any additions or corrections? Councilwoman Tyson said on page 8,

three quarters of the way down, George Rubio’s number is incorrect. The correct number is 475-4474. Councilman Snyder said on page three, second paragraph, right in the middle, when I’m talking about having an emergency proclamations are handled, one line it says the emergency proclamation is faxed into county control and they’ll make the necessary notification. It should be that I’ll make the necessary notification. They were the only two that I knew of, any additional corrections? A motion was made by Councilwoman Coble Tyson to accept the minutes of February 1, 2011, with the noted corrections. The motion was seconded by Councilwoman Tyson. All in favor. Councilman Snyder said minutes accepted.

Councilman Snyder said at this time we do have an ordinance that is advertised for 7 o’clock.

Recess of Regular meeting to open up a Public Hearing Pg. 2

A motion was made by Councilman Myers to recess the regular meeting to hold a public hearing. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said meeting is in recess.

Public Hearing for Ordinance 2011-02

Councilman Snyder said I’d like to call a public hearing to discuss Yoe Borough Ordinance 2011-02, and ordinance amending Chapter 18 , Sewers and Sewage Disposal, in the Yoe Borough Code of Ordinances and to update the current ordinance. Basically it’s a terminology. Attorney Cook said it’s the same terminology from the Springettsbury Township ordinance, the only difference between to the two, it was changed to improve the proper sub sections to correspond with the code of ordinances that was adopted. There is no substantive change, the only change is the correct code numbers, their numbers are slightly different than the borough code. Councilman Snyder asked is their any public comment on the ordinance? Any comments from council? A motion was made by Councilwoman Tyson to adopt Ordinance 2011-02. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said so be it ordained. The secretary asked the solicitor, do I just send the ordinance to them. Attorney Cook said yes. Councilman Snyder said just make a note to them, the other issue that they wanted, Dave had mentioned that, that was actually taken care of in codification. And we’ll still waiting, and once we get the codification back. Then you can send them the new chapter, Chapter 18.

Adjourn the Hearing and Reconvening of the Regular Meeting at 7:07PM

A motion was made by Councilman Myers to adjourn the hearing and reconvene the regular council meeting at 7:07PM. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said the hearing is adjourned and now we can go on to visitors.


Jerry Pickel said just to give you a brief update on the pigeon situation. We’ve only been about eliminate another 2 pigeons within the last two months. Part of that had to do with a lot of weather, high winds, snow, rain and a lot of other things. The gentleman that has the house that we were looking into getting some repairs done, has made the repairs, has cleaned up all the pigeon defecation off the concrete slab on the front porch and has made the repairs to the back. Is in fact working on shoring up on some of the foundation on the shed. That’s progressing, I’m not saying its where it should be. I don’t know what he’s done to the shed, but I know he has everything else done. As far as closing everything up.

I talked to the people at Yoe Auto Parts, about closing certain windows on the third floor.
There is actually four windows, they have closed in one so far, they haven’t done

Visitors(cont.) Page 3

anything with the other three. Its my intent to go back, and prod a little harder to get that done to eliminate a roosting situation on the southwest corner of the building. Its actually framed out and locked. I just want it closed up so the situation can improve. That’s basically what we are looking at. With council permission, we can continue, we expected the number of 25, we’re up to sixteen, we’re nine shy for total wise. Right now is the time to eliminate. That’s about it. Councilman Allar said the only other thing, you mentioned a look inside the house and the property. You didn’t see any signs at that time. You mentioned to me, you should come back in the spring. Mr. Pickel said I looked it over in the last week, I didn’t see anything. Councilman Allar asked inside? Mr. Pickel said I looked it over outside, if there is any tunneling or any burrows going in, that were noticeable. I didn’t see anything yet. Now is when it should be noticeable, after the snow is gone. If there is any activity. That’s not saying that tomorrow something couldn’t happen. I’m getting inundated on an hourly bases by people that are having problems now because the general public is sequestered to their house during the winter, they don’t have that they have a problem until they come out. They don’t know they have a problem

Councilman Allar said whenever you think its appropriate to get inside, its your discretion. Mr. Pickel said if its okay with you I will contact him. Councilman Allar said that’s what I mean, you contact him. Mr. Pickel said yeah, I will contact him within the next week or two, see if we can get a look at it, and then I’ll report back to you. Either that or give Tom the information and he can get back to you, whatever works for you.

Councilwoman Tyson said thanks for going to Yoe Auto Parts for us. Mr. Pickel said that’s part of problem. We haven’t been able to trap anymore pigeons on the roof at Yoe Auto Parts. That has to do with a red tailed hawk that keeps visiting the trap. Keeps making fly bys. Councilman Snyder said thanks for coming tonight.

Solicitor’s Report

Attorney Cook said you have the revised park agreement, approved and finalized. The secretary added, copies of the revised agreement have been given to the park rental coordinator and she is in the process of sending them out.

Attorney Cook said the quiet title action from last month, that was filed. We got service on everyone except two entities. One which was Robert Constabile, of course he is no longer on the title for the property, we were able to confirm that. 39 E. Pennsylvania Avenue, becomes a little bit more complicated, the current resident has entered into

installment sales agreement. The agreement itself isn’t recorded, in short we have to go back and serve some other parties on that particular issue. I don’t think that will hold things up terribly long. As indicated everyone else has been served, we are looking at a twenty day period, everyone was served between February 7th and February 15th, 2011,

with those exceptions. Coming up on the 20 day period, will send out the 20 day notices, indicating that they have a time of response, to give them ten days to file a reply or default judgement. Entered in mid March, for entry of default judgment for all those, except for the exception of 39 E. Pennsylvania Avenue. Have the proper party served

Solicitor’s Report(cont.) Page 4

there, giving them notice. I did get a couple calls, one of which was Mr. Claycomb regarding his property and property line, biggest concern, what’s the borough going to do with the piece of land. I didn’t give any response. May get questions on that. Councilman Snyder said I had three people contact me, they asked what are you planning on doing with it, do I need to get a lawyer, do I need to file a response. Gingerly as what you can say without giving legal advice, they seemed okay. No one was indicating to me that they wanted to fight. Councilman Noll asked what did you tell them about what we are going to be doing? Councilman Snyder said I said right now, keep it the way it is, we’re going to maintain it, we’re going to mow it. That way we can keep people off of it that have been parking in there. Now we have the legal right to kick them off. It has been identified as a parking lot in our comprehensive plan that is forthcoming as well as the rail trail.
But I said none of that has been finalized yet, council would have to appropriate funds for that, so that would be way off down the future, but its been identified for that. Right now, its has been identified to keep it mowed, keep trespassers off. Councilman Noll said just in case, we are all saying the same song.

Attorney Cook said the only other item is the sewer ordinance, which was just passed.

Mr. Malesker said I have a question about Orchard Hills Vista, what Teresa Ruby said.

After you left the last meeting, this is a plan that has been the developer has been tabling it since I guess of July of last year. Last month’s meeting, question was made to deny the plan. And York County Planning has said, the borough doesn’t really have the authority to deny the plan, we’re using the county’s saldo. However the borough does have their own stormwater and zoning ordinance and a lot of the issues that were in there,were related to stormwater and zoning so. I never have run into that situation before. I guess what she said is that, they wouldn’t ever approve a plan without the borough approving it as well. That is something that could happen. The borough approving it as well. That is something that could happen, if the borough doesn’t agree with the plan, but they don’t have the authority to deny it, then, what does the borough do then? Councilman Snyder said the only thing, after having conversation with, I don’t know if, I think I copied you on it. I know I at least Steve and the rest of council. After the phone conversation with Teresa, she basically just said that they will put it on the agenda for this month. She said we didn’t have the statutory authority to reject it. Whether it was sent out on our letterhead and my signature, that we rejected it. Attorney Cook asked, the planning commission or the borough? Councilman Snyder said the borough, we didn’t have the statutory authority to reject it because it technically has to go through the planning

commission first and then on to the municipality. Since they are our planning commission, its like basically like putting the cart before the horse. She said the letter we sent, basically had no effect because she said we had no statuary effect to do anything. She did say that they were going to bring this to the board’s attention tonight. I asked if she wanted me to be there to explain this. She said no, I knew from the December meeting that I brought back to everybody that they had their own questions. She will bring this to the board’s attention tonight and it will probably come up for a vote.

Solicitor’s Report(cont.) Page 5

Mr. Malesker said I guess we still need to continue tabling. Councilman Noll asked did they make a request this month? Councilman Snyder said yes, they did make another request, which I found out, they are making a request to us each month to table the issue, but if we don’t have a statutory obligation for authority to deny, what is requesting this to table. It didn’t make sense to me either. Attorney Cook said I guess, going after a decision is premature, its essentially null and void having a legal affect. Number 2, we are talking about two separate things between the request to table, as opposed to denying the plan. Councilman Snyder said we denied that last month, Teresa Ruby said that was premature now there is another request for tabling tonight. Mr. Malesker said and the developer, his engineer did explain just what you said, why they are waiting. They are waiting for York Township to do that. Councilman Snyder said I told Ms. Ruby that this is ridiculous to continue to table this, just because you are going to be grandfathered in the zoning issues does not mean if we changed, about the sewer, we are changing ordinances all the time and they are not going to be grandfathered in with them. What is this point to be grandfathered? Ms. Ruby said she agrees, and will bring it to the board’s attention tonight. Councilman Noll said what if we vote not to table it, is that essentially the same thing. Attorney Cook said I’d have to check, is there a schedule that they are requesting it to be table. Councilman Snyder said we received an official request. The secretary said there is the email. Mr. Malesker said they haven’t withdrawn the plans, and they have waived the time requirements, since they haven’t withdrawn the plans they have requested it be tabled, so the borough doesn’t act, deny them. So they don’t have to resubmit. Attorney Cook said I’d have to check on it, but my thought is , that since their request was denied, a criminal case, a hearing to proceed as scheduled, if there is no one to present as scheduled, the request is denied, the plan. Councilman Snyder said my thinking is to table the thing again by motion, and to retract last month since it was done in error, we will grant a tabling, in my opinion since we know that York County Planning is going to vote on it tonight and wait and see what York County Planning does with it and act next month on it. I can’t speak for the planning commission, if its denied it stops there, if they do pass it, then we deny it next month. I’m sure we’ll have a developer here saying why we should pass it. If you are saying I have to check on it to be totally sure. If you are comfortable on that. Attorney Cook said I can check on it in the meantime. Discussion continued. A motion was made by Councilman Myers, based on the

before mentioned conversation, to rescind the letter and the motion that was taken last month on the voting down of the plan of Orchard Hills Vista. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said motion carried. A motion was made by Councilwoman Coble Tyson, based on that request and based on the before mentioned conversation, to table the plan for this month’s meeting. The motion was seconded by Councilman Noll. All in favor. Councilman Snyder said motion carried.

Councilman Allar asked about 62 N. Main? Attorney Cook said last month was a very busy month, period of two weeks that I had a hearing every morning and every

afternoon. So, I’m trying to get back in touch with Dan or Gary/wanted to, to see where it stands, I haven’t had a chance to do that. So tomorrow is the first day in two weeks that I

Solicitor’s Report(cont.) Page 6

don’t have anything scheduled. Contact Dan and see where we are. Councilman Allar said they way I think we left it last month, you were going to do the two letters for the tree and building in the back. Then we going to go through with the new borough code,with the updates and you were going to talk to Dan, and he was going to handle that end of it. You were going to help him walk him through it. Attorney Cook said yes.

Councilman Snyder said based on the conversation that Jerry did tonight, that there has been progress made. Councilman Allar said did you see, the, I’m sure you did, they did have to rebuild that whole building,rather than patch it through, as far as the concrete patch. Attorney Cook said and that is the other thought, one if he is trying to make some effort that’s great, but two he has a lot of work to do. Councilman Snyder said that’s what I’m saying, you may want to get some more detail from Jerry or Dan, find out what progress has been made and then tailor that letter, we see that you’ve been doing this, however let me point out. Councilman Noll said there are certain dates that he has to complete this per the letters. What we need to do, is see what those dates are, if he has exceeded those dates, then we have to go back and re-inspect. If we re-inspect and find the same issues, then we move forward with other remedies. That is what it comes down to. Discussion continued. Attorney Cook said I have been busy and haven’t followed up with Dan/Jerry. Councilman Allar asked on those three items he hasn’t been notified at all? Attorney Cook said correct, my apologies on that. Councilman Snyder said something has been ticking because he’s done some things. Councilman Noll said he got the initial letter. Councilman Allar said the initial letter is the one that Dan wrote.

Councilman Noll said that is what I wasn’t sure, I thought that he had received that second letter. Two things happened, Dan wrote the initial letter that told him to close up the areas around the house also around the building. What we are all thinking that he has received the letter that says the building is structurally deficient as viewed by Code

Administrators, giving him a certain number of days to make remedy, either fix the building/remove it from the property or he chooses not to take action, we can go in and do whatever our remedy is. He has not received that letter yet which tells him technically the structure is not efficient. Councilman Snyder said then you don’t need to talk to Jerry or Dan. Councilman Noll said with the copy that Code Administrators signed. Councilman Snyder said what we are talking about, he is still working off of, remedies

off the first letter, which we thought was insufficient anyways. The second letter needs to go out there. Councilman Noll said the inspection was done in January. Attorney Cook said we got the letter, I think January 31st or the 1st. Councilman Noll said he did that inspection on that day, it was a Friday. Attorney Cook said the official letter was dated January 27th. Councilman Noll said at 10AM on the fourteenth of January is when we met, he had a full copy to us before the next borough meeting. He gave us the report and said what could be done. Attorney Cook said the email was dated Friday 28th that he would get it to me, we got it that Monday or on the first. Councilman Snyder said as long as you can find that letter to reference it. Discussion continued. Councilman Allar asked how much time does he have to respond when he gets the three letters. Attorney Cook said generally we end up giving someone 20-30 days. Councilman Allar said if there is anyway you can get it out and have his response time fall before the next council

Solicitor’s Report(cont.) Page 7

meeting, then we will have something to discuss at the next council meeting as to a course of action is going to be. If there is a way to have a deadline before the 5th of April. Attorney Cook said tomorrow is my first free day. I can get it out tomorrow. Thirty days would be before the next meeting. Councilman Allar said you will have to tell Dan the same thing. Councilman Noll said didn’t we decide that everything should go to one letter, to keep it less confusing. One point to respond to. Councilman Allar said last month it was two letters. Councilman Allar said he read from the minutes of last month, where the appearance letter should come from Dan, the tree and the rear building would be handled by Attorney Cook. Discussion continued. Councilman Snyder said I think we have Dan look over the book and go from there. Councilman Noll said and this is going to be the problem going forward. It would be outside council’s view, that we look at our ordinances and give Dan a list of things have him look for on any property in town, so it doesn’t become specific. As everyone has expressed the reason we want these tighter ordinances is because we want a certain appearance for Yoe and if we are serious about it, sidewalks or whatever, we need prosecute for everyone equally. Attorney Cook said it may eventually get to be, why are you picking on me, the guy across the street has the same problem. Councilman Noll said this was brought up by council to look at. Councilman Snyder said that is why I’d like to give the book to Dan, look over closely, the new ordinance. Councilman Noll said I’m bringing it up, because we had a lot of conversations, and if we’re not going to go any further, just look at this property and forget the rest of the town, and not have some type of a standard. Councilman Snyder said I feel quite strongly, why just stop there, there are other problems. Discussion continued. Councilman Noll said that’s what I’m saying before we send Dan to look at any of these issues on this property, it’s a perfect time to do it because we just passed the ordinance, lets get our list together of things in town, which this happens to be part of town to have him look at. If someone comes to us, we have asked our zoning officer to look at sidewalk, paint, at this part of the ordinance throughout the entire town, it’s the desire this borough council to try to beautify whatever we want to call. But we go forward with a standard, that becomes that much more enforceable in a court of law.

Attorney Cook said you could start with this particular block, main arteries and work your way out from there. Councilman Noll said as long as we have a plan. Do you want me to look at the zoning ordinance and a type of plan of implementation so we have a system? Councilman Snyder said if we have him go once a month do individual streets.

Discussion continued. Councilman Noll said I’ll work on an action plan for next month.

Councilman Allar said we made a motion, as far as Dan based on the ordinance, Dave you were going to review it for legal substance and the necessary format. Do we still go ahead, we’ve got to start somewhere? This takes so long. Councilman Noll said we have three issues that are going forward on that property. Councilman Snyder said I’d rather do the others, when we have a system in place. Because I’m telling you and rightly so the man is going to look it as you’re picking on me. I don’t want him to ever think that. If we are going to do this fairly for everyone else in town, that’s the way when we do everyone else in town. Attorney Cook said then we can review letters for substance, a form letter,

Solicitor’s Report(cont.) Page 8

more cost effective that way. Councilman Snyder said if Seth comes up with something for next month, with these points. Bring it back and we can work it into form letter, and say to Dave work up that form letter for Dan. Councilman Noll said seasonal things like snow removal, high grass, are complaint driven. We need to look at things that are property maintenance issues. Councilman Snyder said we will redo the motion to have Attorney Cook to proceed with writing the two letters on that property on Main Street concerning the tree and the shed and at this time for go talking to Dan about the third issue. And that’s not saying that we don’t go to Dan in the zoning report and say we need to go back and revisit the letter we went out on that issue. Councilman Allar said once we have this plan, I think it would be worthwhile to have Dan come to one of our council meetings for guidance and handling. Discussion continued.

Engineer’s Report

Mr. Malesker said we tabled Orchard Hills Vista if there any other comments or questions about that.

Mr. Malesker said this Thursday at 3:30PM we have the walk through for the flood impoundment area with Flyway. I think Seth and Tom are going to attend. Jake Romig will be there.

Mr. Malesker said I don’t have any update on the wetland mitigation. If you made any progress on that.

Mr. Malesker said the next meeting of the H20 program is slated for March 16, 2011. No guarantees that they will make any decisions at their meeting. We’ll hoping they’ll make a decision soon. Councilman Noll asked do you think they are waiting until the new budget is approved with the state? Mr. Malesker said they have been stalling since last year and I’m not sure why. Councilman Noll said they are talking about cutting a lot of these programs, we will have to wait and see.

Mr. Malesker said CDBG grant applications are due in June 2011. If you do decide to do some additional CDBG applications, you would have to have your resolution approved at the May meeting. Since your June meeting is after the deadline of June 3rd. Councilman Noll asked what qualifies for a CDBG grant? What do they like to see? Mr. Malesker said continuation of previous projects is one, the sidewalk from the park on both of the streets, that would be a good one. I did talk to Joiann today, she agrees that would be a good project. I wanted to clarify with her, about bridges. I know there is federal money involved with CDBG and we have done bridges in the past. I wanted to see that bridges less than a 20 foot span are eligible. I know we can’t use any federal tip money on any bridges that are less than 20 foot span. She said there is no problem in doing bridge work. You could do an application for repairs at Church and Mason. Councilman Allar said the bridge work would be consistent with continuation of work we have done on Mill Creek.

Engineer’s Report(cont.) Page 9

Whenever you guys get time, go over to the parking lot at the fire company, when the water is low, look at the erosion that is going on, on the side. The erosion gets back to the concrete. There are thing won’t go up if we wait two to three years. Those bridges will get very costly, every year goes by. Councilman Noll asked this is for the next three year cycle is that correct? Mr. Malesker said yes. Councilman Noll said so you could request for each year? Mr. Malesker said yes. You have $100,000.00 cap each year. Mr. Malesker said something else to consider if you were to get the H20 grant, you wouldn’t want to do any sidewalk work that would replaced, if you did get the grant, part of that, especially along Main Street. You are replacing the sidewalk as part of that sidewalk. However like on Philadelphia Street, we do have a new inlet and pipe, that you could include as part of the CDBG, then you could use that towards your match to H20 grant.

You wouldn’t be wasting money by including the stormwater in that section. You could put that towards your match then. Councilman Snyder asked do you have figures on that? Mr. Malesker said no. Councilman Snyder said I don’t want to see this council make the same mistake we made in 2004-05, when after the county gave us a half of million dollars to fix the Mother’s Day storm at the gabions, it was a new cycle for the CDBG grant. And we spent close to $5000.00 to $6000.00 going after five different grants for CDBG. They already gave us money up at the park out of this last grant cycle. We need to be very very selective on what we put in, we have a very very good change of getting none of it. Personally we go after the sidewalks, and bridges because it’s a continuation. We have figures and we limited to that. The only other one I would go for, and Teresa said we have a very good shot of getting that is go for a grant planning to redo our zoning ordinance. That would go hand and hand with redoing the comp plan. Because our zoning ordinance is outdate. They keep money for planning, separate from these construction projects. She told me last year they had unfunded money left in planning. Its only for planning issues. I think we are wise about this, its going to cost money to get this application together, we go for ones that we can get or have a good chance of getting, go for these continuations that we have identified and go for that planning, cause we need to do that. Councilman Noll said why don’t we have Steve put together a quick estimate for the next meeting so we know what its going to cost us for those three applications and then we can vote on it. Councilman Allar said keep it simple. Mr.Malesker said I don’t think I inspected both bridges. Mr. Shearer said all we have from Keystruct is a price to repair the scour. Mr.Malesker said I know I did the Mason alley one. That would be part of the application. Councilman Snyder said bring that as part of the cost estimate. Discussion continued. Council was in agreement with the application estimates for the next meeting. Mr. Malesker said you will need some documentation. The bridge inspection can be used out of liquid fuels funding. Separate cost for that. Mr. Malesker said both sides of the street on Philadelphia Street from Main to the park for sidewalks, Mason Alley and Church Street bridges and under planning, zoning ordinance update.

Councilman Snyder said we haven’t done any substantial changes to zoning since 1993, when we last codified. There is major changes that need to be done with that. Mr.

Malesker asked when will your comp plan be done? Councilman Allar said we are

Engineer’s Report(cont.) Page 10

working on the final draft. There is no meeting set yet. We expect one coming within the next thirty days. We also provided comments. We are getting close. The time is going to be public hearings, a lot of different issues before we can say let’s run with it. Councilman Snyder said we can put it in for 2013. Mr.Malesker said even if they fund it for 2012, you can request that this be delayed a year until the comp plan is complete. As long as it is short listed and funded. Councilman Allar said we are working so close with York County Planning. Mr. Malesker said I will get an estimate for you.

Councilman Snyder asked about that H20, I think they are going to hold that off until they get the next budget, that was the indication I was getting, see what the Governor is going to be cutting. If that’s not, once we get to July, we have had it up there for year, the numbers are going to be a year old, how long, I don’t want to be going out there, and putting in for all these grants for other monies. But there comes a break point, our numbers aren’t going to be any good anymore, when would you, your professional opinion, this is the cut off date, if you don’t hear anything by July, I would start looking elsewhere for funding. Or, you know what I’m getting at? Inflation, if this thing is going to go away, we need to look elsewhere. Councilman Allar said remember when we did the study I brought that up. Mr. Malesker said we included 15% contingency on that, we stretched it out for five years, 3% increase per year. Councilman Noll said construction has been very odd the last five years, in 2008 we were getting weekly/monthly increases on steel and all sorts of things. Then they dropped. Its starting to creep up slowly. Its hard to say what the cut off point is, we have to watch that, right construction is holding steady. It will be for this year. Councilman Snyder said just keep that in the back of your mind, when we reached that point where we need to look for more funding. I don’t want you to use any engineering time to look for it now but. Mr. Malesker said we did do a revision in September. Discussion continued.

Councilman Snyder said we did receive an update from C. S. Davidson on the waste water flows for the new year for the Mill Creek Users Group. Yoe Borough had an increase of 8.8% for 116,914 gallons. Which keeps our five year average to 115,142 gallons, still well below the 132,000 capacity we have, still in good shape. That’s a FYI, the sewer is going to come our way, so keep on top of that.

Councilman Snyder said the MOU between York County Conservation and the borough. We would asked to sign a new memorandum of understanding. I did format to Yoe Borough so its ready to go. However, one question I shot off to Steve, have Steve comment on that, we may want some revisions to that, before we sign it as is. As you know with MS-4, if we don’t do some sort cooperative agreement, we have to be responsible for it ourselves so York County Conservation has been taking this part of it. The other part is WAY, that is the other organization we work with so we’re pretty much forced to sign something. Steve did lead us under the impression that there are some things that we may be able to strike out of this and understand that this is more comprehensive than the last one. It is putting some notices on the municipality.

Engineer’s Report(cont.) Page 11

Councilman Noll said in regards to striking things, is the conservation district accepting this. Mr.Malesker said yes, they have been. I think one of them, was updating the subdivision/land development ordinance, was one. Section 2, item 4. I responded to your email. We had a couple things. I think it was that one, and something about the E & S plan. Mr.Malesker said there is some redundancy. Councilman Snyder said we want, we don’t have to do it this month or next month. Do we want to issue this to Steve to come back with recommendations as far as what we want to strike, everyone have the opportunity to look over it? Mr. Malesker said I think they said in that email they will be contacting you to set up a date to go over this stuff. Councilman Snyder said we haven’t heard anything yet, I just want us to be on top of this so, I didn’t want to tell Steve to go on and work on it himself without council approval. This will give council time to look over it but then, if he wants to get some recommendations together. I have this on my computer, anything we change can be changed in a matter of no time. Not going to cost us anything to do the changes. Councilman Noll said give us the recommendations and we can talk about it at the next meeting.

Councilman Snyder said York County Planning sent us a draft in December 2010 and the comment period is over. It is a water resource plan. Revision have been made to original draft. They are holding this meeting on March 2, 2011, they’ll get back to us as to what we have to adopt after they hold their meeting. The secretary said a copy went to the President of Council and solicitor.

Councilman Noll said on Main Street with the water, it falls under Dana. Mr. Shearer said Fitz and Smith completed the pipe work from 197, sump pit ,down to 157. Pipe collection in front of the house, they did seal that and put a pipe out to the new pipe. The attempt is to finish the last details. Put a plate over the top of the trough inside the Boltz residence.

So that is sealed. Down below their house, actually on the other side of the Snyder residence, at 171 the white house, they tied in another bleeder line there, so that if there is anything in there, try to capture that water in two different spots. Down through to the inlet, so far with the melt and the rain that we have had, I haven’t noticed any water coming out at 147. So far. Mr. Malesker asked if there is a good flow going into the inlet?

Mr. Shearer said there’s a pretty good flow. Been in contact with Tim from Fitz and Smith, they plan if the weather holds and start getting a warmer cycle, to restore the yards there. We actually intended on tearing sidewalk, we had to put it back into the yard, that way we are not blocking their utility. It worked better for us this way. Liquid fuels pays for excavation, they don’t pay for sidewalk or material. So more funding for grass.

Some concrete work at the inlet. Spots up through. They had to tunnel up under existing sidewalk. Replace that. If everything holds out, within the next two weeks get the yards repaired and get the concrete poured. Councilman Myers said I just sent the state an email, thanked him for his help. Mayor Sanford asked are we going to contract for sidewalk repair. Mr. Shearer said we are going to have Fitz do the work. Initially we had a proposal excavate, lay pipe and install sidewalk. Mayor Sanford said I recently used a contractor that is back in the business, Yoe Concrete, that is offering very good prices

Engineer’s Report(cont.) Page 12

right now. Councilman Noll said its not a lot of concrete work. Councilman Snyder asked are they still planning on getting a diagram? Mr. Shearer said they are going to mark up the as built specs for us, so that would give us something to hold on to. Councilman Noll said to give Steve a copy for borough record. Mr. Shearer talked to them about the billing separation.

Councilman Allar said there is a rail trail meeting on Thursday at 10 o’clock at York Township. I haven’t had the consultant in to do the briefing because I was waiting for the final report. There are one or two copies on the table. It has changed in some significant ways. I don’t have copies for everyone. I expect to have copies by the next council meeting and then have the consultant at the next council meeting. The only thing that is missing is the executive summary.

Councilman Allar said the other thing, the status with the landfill. Councilman Myers said I called today, and he never called me back. If he doesn’t call me tomorrow, I’ll call him. I filled out the form incorrectly, so I corrected it and faxed it back. Councilman Allar said perhaps after that is approved we can begin dredging out there in another week or two.

Maintenance Report

Mr. Shearer said I sent out the email for discussion and approval of the 2011-2012 Co Stars Salt contract. There were some questions that Sam had asked me on some different points. When I ran my figures past Steve, to make sure I calculate correctly. It can hold 112 tons, its ten feet high in the back, slopes from the front to the back. Roughly 112 tons of material between the two bins. We have roughly 24 tons out there. I talked about using more salt and less stone. If I reverse the bins, and put the mixed material in the small bin, I figure roughly about 100 tons, what I would suggest to enter into with the contract.

We have to give them a stockpile capacity and the number of tons that we require per year. Out of that tonnage, we have to agree to purchase at least 60% of the material.

I don’t see that being a problem. We can go up to 140% of the 100 tons if we need more.

The costars price right now is $65.39 for a ton delivered in York County, minimum order of 22 Tons. There is another stockpile in York County, American Rock Salt, when I called on 2/16/11, they were at $79.00 a ton that was before the last storm. Tri Boro is $90.00 a ton picked up. There delivery price would be different, it would depend how much you would take and where they would have to pick it up from. They do not hold a lot of material on hand. Discussion continued. If we get it from costars, its already liquid fuels eligible. But generally, their material is automatically liquid fuels eligible. Discussion continued. My recommendation is since this is the first time, everybody around us, all buy on costars currently. There is no on neighboring that we could join in on a salt contract. We have commit by March 15th to co stars to be eligible for next year’s contract. Councilman Snyder said my only concern is, you did an excellent job with this information. Kudos again. You got kudos for your snow removal at last month’s meeting.

Maintenance Report(cont.) Page 13

The only thing I’d question, you said you want to stock up and you said we currently have 24 ton, and it can hold approximately 112. Using these calculations of 60% min, and 140% max, I figured out, with only 24 out there, we would only need 88 ton to fill it up.

If we can only do a 140 max, that means we can technically we can only buy another 62 ton, so are we cutting ourselves short, have you ever gone through more than one salt bin in a year. If we want to fill it up for this first time, what if we bump it up to 150 ton and then accounts for the 88 ton that we need just to get the thing filled. At 88, if we go with the 150 ton, we met the 60% min. If we don’t have a hard winter we’ll be okay. Mr. Shearer said if we are taking it on 22 ton trucks, they average 22 to 25, depends on the truck. So we’re looking at, about 4 trucks worth or so, to fill what we have. That will get us full. That’s still gives you another 62 tons. I don’t see us going through that much material. We haven’t stock piled in the last years. We weren’t bringing a lot in. We didn’t want load up, that the township may want it back. Leave as little as possible. When we had it fairly full the first two years, we never went through all that material. Every year is different. This year was a high usage year for material. We had small snows and ice events. Last year we hardly used any, we had big snows, we ate up the budget for rental of equipment and labor. Discussion continued. A motion was made by Councilman Allar to enter into co-stars to buy a 100 ton of salt. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said Dana do your magic.

Mr. Shearer said I did run by Barry, I purchased a skid of crack sealing material at a price of $1274.60. 72 boxes worth 2500 pounds. It’s the same material Dallastown and Red Lion used for their crack sealing machine. When we get into better here, we’re in that right now, warmer days cooler nights, March and April will be ideal time for crack sealing. This winter was hard on the streets, there is a lot of cracks developing. Pothole patching, I have coal patch to start that.

Mr. Shearer reported on street sweeping, Dallastown is getting the machine back from Red Lion. Dallastown will begin in their town week of April 18th, Yoe is scheduled for the week of April 25. In the past we just picked a day or two days, I would like to have more flexibility. I would like to give more advanced warning, but at the same time not to commit to set days. Do it without disrupt the whole time, do a few streets at a time. I will type up a thing for the newspaper, saying we are planning on doing it this week, look for parking restrictions. I also wanted to get a list of repairs for the upcoming year in addition to putting the overlay on Broad Street. What else we have to fix, other priorities.

Mr. Shearer said start working on the park now that we’re getting into warmer weather.

Seth got the material for me, for the push plates. And the sink repaired before we open up.

Mr. Shearer said get the equipment cleaned up for winter, get out the lawn mowers.

Mayor Sanford asked what is the condition of the alley behind Mr. Morton’s house.

Maintenance Report(cont.) Page 14

Mr. Shearer said its going to take some work, coal patch in there. I think now we might,when we get some warmer temperatures, I’m not exactly sure what dropped and what raised. I don’t know, what happened there, there was a section of the alley way,

and it was a patch. You can see where there was a cut before and that cut dropped.

And I’ve got the same thing over on High Street with, the cuts that they may back in the early part of 2000 with those houses over there. In the last two years, they have settled and dropped. I don’t if, if it’s the hard freezing. Mayor Sanford said I don’t remember them making that cut, and I’ve been up there 22 years. Just concerns me that all of a sudden it dropped. Councilman Noll said this has been one of the hardest freezes that we’ve had, we had fifty days since the beginning of December, that were way below.

Mr. Shearer said there is a section up above that, in the alley, in the middle of Third Street, I haven’t had the chance to talk to Mark Clark yet. The sewer authority to investigate. When I was up there with the coal patch, me and John, and Karen Morton were there at looking at the situation with the street cut. It just caught my eye, in the middle of the street you could see a little bit of saddle right around the manhole. So, I don’t know if there is something going on there. I haven’t had a chance to follow up on that. Councilman Noll said we are going to be hard pressed to fix everything this year.

Mayor Sanford said I looked at the sewer, the line, make sure you have someone look at that, make sure we don’t a break. Councilman Myers said make sure, it could be worse next year.

Mr. Shearer said tomorrow I’ll be attending a project estimating class at LTAP up at Penn Township. Better to gather all the information for estimates.

Mr. Shearer said we did have a case of vandalism back here to the shed about two weeks ago. It was over night, I stopped by about 8AM on Saturday morning, to pick something that I forgot. I noticed that the bottom panel of the overhead door on the small shed was beaten in. Tire marks from a bicycle. They just beat the door it, the door functions.

I tried to hammered that out. The secretary said when the children were off the President’s Day weekend, Sam was here with me and I could hear this pounding.
Children were outside the maintenance garage door and they were taking those sand bags using them to ramp their bikes. They were ramming into the garage door. I instructed them to put the sand bags back and get out. I never saw them before in this area. I called York Area Regional, Officer Varner came in. Its not like its going to be a major claim to fix.

Mr. Shearer said my ideas on the rail trail since I served on the feasibility study is I don’t know where this project is going to go. As far as the pilot project, for us, what they’ve proposed, I think it’s a benefit to us to stay on board with the project just because two of the things we are looking at in that project are paving of Clark Alley as the trail and putting up a barrier with the walk way there, that would give us a paved street which is one of the two dirt roads we have left in town. And also the area we are proposing for parking over on E. Pennsylvania Avenue, as part of the trail bed. To me, it definitely make sense, to look at that, stay on board for now, until we see where this is going.

Maintenance Report(cont.) Page 15

This is something they can pull together with other funding, I think its going to benefit us in the long run.

Councilman Snyder said I had one item, I know this is the time of the year that the notices go out for rental inspection. Still Dan’s book, I am sure you have one, update

yourself on the new rates that we got in. I went over most of them with you when we did the codification. Make sure you get with Connie, when you can. If you need help with any other personnel let us know so when you can. We are also capturing homes we can’t proved their rental properties, if they are not owner occupied its going to be deemed a rental property for this purpose. If its not owner occupied, they fall under this now.

I wanted to bring this up when I go to the press, its good timing, I’ll give it with the street sweeping and the upcoming spring session with what we’re planning on cracking on properties and property maintenance. I want to point out to the residents that we have new ordinances, we have new fines and we’re going to be enforcing them to try to make a difference. So try to get those out, we want to make sure they are out by March so we can get some of these funds in then. To get the letters out. I am going to give a press release out in the newspaper out. There are going to be people, there are burn barrels in town, this is going to be the time of year, we need to let people know that there is a burn ban.

The secretary said on the bill list, the bill for the crack sealing material is listed on the bill list at the bottom. We budgeted $1000.00 for highway maintenance. Its $1274.60, do you want it to come out of the general fund. Councilman Noll said I think we need to put it under that line item, and it will go over our budgeted amount.

The secretary said for the salt, we budgeted $4500.00. Its going to be around $5400.00 or more. Councilman Snyder said we had discussed take the intial 88 tons. Liquid fuels.

I am thinking. The secretary said you are going to have about $44,000.00 in the liquid fuels fund for 2011. Mr. Shearer said approximately said Broad Street will be $12,000.00.

Councilman Snyder said take it out of the general fund. The secretary said just to make sure you understand that account could go over.

Zoning Officer’s Report

Councilman Noll said the reports for January and February are here. Those reports list what he has done like always. Letters are here, if anyone wants to read them. 4 1/4 hours and plus 7 miles for January. A lot of it was working on the properties down here, permit for sign, year end report. February was 3 ¼ hours, 20 miles. A lot of those were checking things for snow removal, citations for sidewalks. Mayor Sanford asked did actually cite or was it just a letter. Councilman Noll said letters of violation, one for 158 and 137 S. Main Street in February. They are just violation notices. February 3rd was the letter for the sidewalk. Mayor Sanford said we go through this cycle every year and it’s the same people. I can write down half the numbers down before I start driving around. I am not sure we ever cited anyone. Councilman Allar said if you get a warning letter one year,

Zoning Officer’s Report(cont.) Page 16

then can we cite them, does it start all over again the next year. Mayor Sanford said I asked him not to do that. Again it’s the same people. Councilman Noll said 63-69 N. Main Street, courtesy citation, 43 W. High, 205 W. Broad, 168 South Main, 147 S. Main, 106 S. Main. Mayor Sanford said they are all. Councilman Myers said this coming fall let’s take all the ones that we sent letters out and let them know right off the bat. Councilman Noll said do we say that in our ordinance, because that might be something we could change. Some people do a points system. If you’ve had notice in the last two years, ten years. The secretary asked did you do that as part of the codification. Councilman Noll said I don’t think we did. Councilman Snyder said we can change it any time we want to change it. We don’t, I think that’s the zoning officer thing, we don’t need to give them a notice, we just cite. Mayor Sanford said some of that could be the enforcement with the district justice office. Councilman Allar said I don’t mine giving them a warning, but I don’t like every year giving them a warning. Councilman Noll said that is something we can look at for the next meeting. Councilman Snyder said one thing that I was going to bring up for zoning officer, since you’re taking an idea, on what we want to do, on breaking down the borough, do you want invite Dan to the next meeting, so that he knows to show up, this is one of the things we can ask him. Councilman Noll said okay. Councilman Snyder said we can look at it and see, I’m pretty sure we don’t have to give them notice, it’s a courtesy thing that he does, and we’ll ask him when he is .

Councilman Allar said there’s got to be a limitation. Councilman Snyder said maybe that’s something we can work out verbally with him. Keep these on file, if you see anybody with the same name, same address, issued citations. Councilwoman Coble Tyson said about a light that has fallen down and the bolts are still attached. The light still works and everything is connected. I tried to call the maintenance number which was to click to another number and there was nothing, no recording. Mayor Sanford said I’ll call.

Emergency Management Report

Mayor Sanford said the first quarterly meeting was the fifteenth of January. We reviewed some items, nothing major. I did a presentation on a rescue that the York County team was part of, that trench rescue in Newberry Township.

Councilman Snyder said do we have any visitors planned for next month. The secretary said just Dan. Councilman Snyder said we’ll take Dan under visitors then so we have limited wages.

Mayor and Police Report

Mayor Sanford said I have correspondence from UGI in a form of a survey that I’ll hand off to Sam.

Mayor Sanford said I have the mayor/police activity reports, copies are here. It has been very business.

Mayor and Police Report(cont.) Page 17

Mayor Sanford said you have copies of my correspondence with Mr. Tyson regarding his concerns and comments at the last meeting. Councilman Snyder said on behalf of council to the mayor, there’s been comments made in the past by residents as far as what the mayor does or doesn’t do, and there is even comments in some of those questionnaires on the mayor not doing anything. And personally these reports that you’ve been submitting in the last two months contradicts a lot of that, it does show the residents what they don’t know that goes on behind the scenes. As much what happens with a lot of people on council here, there’s so much that goes on behind the scenes that nobody knows what you do. I commend you on being proactive, as far as I’m looking at this and taking those

concerns on what the constituents, you addressed it and said no I have been working on it and here’s what I’ve been doing. I commend you for that. Mayor Sanford said some of the activity has been a matter of a phone call, 55 minutes or an hour, and back and forth.

Some of the meetings I have listed, like the school board, it benefits me, it benefits the borough. Any questions on any of the reports or correspondence? Several of the issues from the last meeting have been addressed. For example parking complaints, I have addressed. The tree I believe has been taken care of. There were some other issues addressed also.

Secretary’s Report

The secretary said you read on the agenda, the various things that have been going on in the borough. I am working on the dam maintenance for 2010, I am waiting for the insurance cost for the dam, once I get that together, I will be preparing the bill for York Township and Dallastown.

A motion was made by Councilman Allar to re-appoint Karen Morton to a five year term expiring 3/7/ 2016. The motion was seconded by Councilman Myers. All in favor.

Councilman Snyder said motion carried.

Councilman Snyder said we went over the codification issue and we’re still waiting on that.

Councilman Snyder said we received a letter from the Realtors Association of York and Adams Counties. Statistics on Yoe Borough on homes sold between 2006-2010. Keep that for your own records, interesting data.

Councilman Snyder said the York County Boroughs Association, the March 2011 meeting is March 24th beginning at 6:30PM at the Vikings Athletic Association in West York. Cost of $13.00 per person, RSVP by March 11th, let Sandy know if you are interested.

Secretary’s Report(cont.) Page 18

Councilman Snyder said the secretary gave a list of the NIMS certification, and what everyone is currently certified as of March 2011. Mayor Sanford said Barry and George need copies of the borough files. Councilwoman Coble Tyson said she is in the process of dealing with that, I didn’t know if we did anything with that at the new council person’s training. Mayor Sanford said no. We can talk afterward. You really need to have that, the 700 course. Councilman Snyder asked Mayor Sanford, you will get with whomever needs additional training? Mayor Sanford said yes. The secretary said that is all the copies of the certificates that is part of the borough files, if you have others please see that the borough gets a copy for our records. Copies are needed of drivers license for snow removal personnel.

Councilman Snyder said we also received noticed from DEA, prescription take back day on April 30th.

Councilman Snyder said that PENN DOT has put the borough on notice that they are in the preliminary engineering phase for the replacement of the SR 202 Section 08 of the Springwood Road Bridge over Mill Creek between Chapel Church and Washington Road. That project will consist of the a full replacement. That is anticipated to begin in late 2012-13, it will take approximately three months. So that will have a large impact on Yoe Borough citizens and our roads.

Councilman Noll said we had a chance to sit down with Benchmark to go over thing. There has been a couple things that has happened there, we got several notices, we were trying to figure out what was going on with the paperwork. You need to have a sponsoring municipality because it is inter-municipal agreement, Harrisburg City, with their woes, they have dropped out of the program. Springettsbury Township took that up, so because of that, the municipal agreement had to be re-written. I think we have now signed / or notarized the final municipal agreement with Springettsbury Township. The other thing that we have to remember as a municipality, is that we can’t go with x, y, z person that calls us on the phone because of our need to do multiple bids so there are some municipalities that have gone that route and have gotten into big trouble audit wise. I did check, at the municipal managers meeting, they are coming after them, so this is done by the multiple bid process so we shouldn’t have any problems there. There going to change the bills, our questions were two fold. The management fee that we are paying is because they are doing all this extra work and its part of the management agreement. Which I didn’t completely understand because some things had change in the interim.

They’re combining because there is gas and electric, there was a fee for gas and electric. We asked them to combine them together. It’s the same group why are we paying two separate checks. All combined into one check. The other thing that is of interest, everybody wants to know what we are saving, they are going to be putting what the stock rate what a standard GPU/Met Ed customer would pay if they were doing just straight r

ate, how much that is saved and the percentage. That is a line item. It is a great

Secretary’s Report(cont.) Page 19

advertisement, if we see whether its 5% or $75.00 on this bill program. They’re going to be putting everything together for us. I think we got everything worked out and received a better understanding. They’re going out for bid, you should see substantial decreases in electric rate as far as what we are paying now. We’re not on the program, we just go the agreement sent out so the first quarter is out now for bid. They’ll show us as they bid, the program is finally doing what it was advertised to do. The fact that it takes care of the monthly bid process. They are not finished with our three year audit for us. A lot of that has to do with the deregulation coming to utility companies and has affected upper staff tremendously, they cut a lot of people. The secretary said, they said the gas company is more cooperative, but Met Ed isn’t. Councilman Noll said that is very true, they are trying to get everything cleared for us, I think we are back on track and we are going to monitor the next couple months. The secretary said everything was explained better to us.

Councilman Noll said we had a problem with the park electric bill because they estimated it after last year’s bill. It was a $200.00 bill because the park lights were left on all the time last year. And we are use to be paying $20.00 to $25.00 a month, called up to Benchmark and they researched it and found that figure off for us and they adjusted it.

That was a huge benefit. Councilman Snyder said one that I didn’t understand is why are we paying that extra bill to them. We’re still writing to the utilities and then we’re paying their management fee. I thought we were writing them one check and then they will pay Columbia Gas and Met Ed. Councilman Noll said there was a concern on the part of the users group, that was our understanding at first one check. What they were finding, two fold, there wasn’t as much accountability because people were putting checks in the bank account so then other people were writing checks out of it, they could manipulate the money, so questions with problems with that, we will work everything out for you, you just pay that utility up front. It is also cutting down, the other thing was they dropped the number of days that they are allowing for issuing the bills and then payment. If you put that money in the bank account, they went took the money out, there were late fees.

The management fee would have been taken out of that pot of money so to speak. So now we can see what we are paying now. At first I didn’t like it but one term accounting wise, it helps reduce fraud. Someone before could have gone in and taken the money out of the account. Councilman Allar asked did they say what happened with Harrisburg? Councilman Noll said a lot of it was because Harrisburg had, in their explanation had agreed to the program which I can understand, more share of the savings, draft more money out of the program. They said hey we are the guys that wrote the municipal agreement, we have a big stake because of our size, we should get more savings, not just the percentage of savings, we should get a greater savings on the program because of the effort we put in. I’m not quite sure what is going on in Harrisburg. The secretary said Jamie said that now that they are out, they wished they wouldn’t have. Councilman Snyder said I don’t believe that explanation, that is stupid reason for them to get out of the program. They already put the money in. Councilman Noll said overall I do feel very comfortable with it, I do want to see the savings I want to make sure. Monitor. Councilman Snyder said worse is, we opt out.

Secretary’s Report(cont.) Page 20

Councilman Allar said on the $100.00 for Red Lion Recreation. The secretary said same address and same person. Councilman Allar said yes, Mike Zeigler and same address.

The secretary said I just wanted to make sure there was going to be fireworks.

Unfinished Business

Councilman Allar said I’m on the state committee, Joint State Government Commission

Advisory Committee. Basically what it is, because there was a landslide out in the western part of Pennsylvania, that was caused by a new development. It went across a federal Amtrak line, handling fifty to a hundred trains between Chicago and New York.

When that was straightened out, the officials in Harrisburg, said we better take a look at the planning phase and see if we can’t make it stronger. Specifically the impact on surrounding municipalities, because the host municipality is going to have development, what is the impact and how it will affect the municipality. This means we are going to have to change the planning code. What I have here, is the more recent draft. One of the things that I argued, is that the surrounding municipalities, the impact is, we can’t really input, without hiring an engineer/planner, whatever, to come up with an impact analysis. We don’t have the money to do that. What we have in here, trip wires, one trip wire maybe vehicle trips, might be the buildings being built. When the development hits this trip wire, an impact study is mandatory by law it will have to be done. Its going to have

to be done by the developer at his expense. There is also going to be a mitigation plan to deal with the impact. Which again by law, has to be done by the developer at his expense. All the surrounding municipalities will have access. Now I argued that the developer shouldn’t be doing this, an impact study on his own development. That the host municipality should be doing it, unfortunately there was a lot of lawyers, engineers and planners that work for developers, on the committee and I lost out. I think that is a fatal flaw. The developer is going to go to the engineer that put the development together and say do the impact study. In any case, the fact that an impact study is going to be done, mandatory by law, is still a big improvement in the planning code. I am going to leave the draft here, the concept of how this is going to play out is here. It looks good from what I can tell from the people in Harrisburg. The committee is still not done, probably won’t be done until next year, its suppose to be done by March. The resolution to form this committee will be extended because its still not done. Councilman Snyder said so that’s not in a form of House Bill yet? Councilman Allar said no, not yet. Still in committee. The concept I’m pretty sure will not change. As far as going forwarded, changes with trip wires, I don’t think the concept will change.

Councilman Noll said I want to update everyone on Act 90, this has to do with permitting and fees. I need to try to get with some of state representatives, I brought it up again at our municipal managers meeting. What I see in this legislation, from a date that a permit is received, is how its looked at now, a municipality has an obligation for a turn around of fifteen days on a residential permit, 30 working days on a commercial permit in some form of letter or correspondence, issuance back to them. If we take, especially like a

Unfinished Business(cont.) Page 21

municipality likes, if we take a week to check everything we want to double check, now we take five of those working days to get a permit back. I think there is a flaw in the language, I am trying to find out if there is any wiggle room. What we should do is have language, that the time clock starts, we have so many days to review this, to make sure

we don’t want to deny somebody the chance for a permit because the fees that are out there were violations. That landowner who has multiple properties, with that municipality has. Its going to be very hard for us to enforce this or do anything with it if we can’t do that. I need to do more digging. But that is far as I got. We want to do that on the front end, because the other thing is we are going to be liable for permit fees, if we decide to send something in for review and then deny it. The bill is going to come to us, because the reviewing agency putting the time and effort into it, to review it to come up with their findings for the permit side of it. Its not looking as good as it did when I first started looking into it.

Executive Session at 10:12PM

A motion was made by Councilman Noll to go into executive session at 10:12PM. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried.

Reconvening of Regular Council Meeting at 11:03 PM

Councilman Snyder said we will reconvene the regular meeting. Let the record reflect we discussed personnel issues. The council has determined to interview three firms for possible borough solicitor. The council was looking at reconvening the regular meeting on the 29th or 31st depending on when Councilman Allar gets back to which day it suits.

And the times will be 9, 10 and 11 as noted in executive session And for the respective people to contact respective firms. Councilman Allar said and then Sandy will send out confirmation of all of these firms and times.

New Business

Councilman Allar said Jamie left this with me about the newsletter. Note from Stacy, please remind council that deadline is April 1 for newsletter. Serious deadline underlined to get the input in. She would also like a paragraph or two from council members and Sandy and Dana about themselves. Is this something everyone wants to do? The secretary said there is stuff is up in the box. Benchmark suggest that someone contact them for the newsletter. And put something into the newsletter for recycling, that helped when I applied the information for yearly recycling to the county. And I asked her to put things in for MS-4, Adam Smith from C. S. Davidson likes to see educational material in the borough newsletter for storm water management. I sent a copy to Adam Smith also.

Councilman Allar said do you want to do this? The secretary said I suggested to get a hold of Dana. Mayor Sanford said I did one the last time, but she choose not to use it.

Payment of Bills Page 22

Councilman Snyder said everyone have an opportunity to look over the bill list with these additions: Hemler ACS: $44.00, Dallastown Yoe Water Authority:$25.68, $25,68, $1269.03 and $60.43. A motion was made to pay the bills with the additions by Councilman Noll. The motion was seconded by Councilman Myers. All in favor.

Recess the March 1,2010 Regular Council Meeting

A motion to recess the March 2, 2011 meeting with reconvening on March 29,2011 or March 31, 2011 at 9AM by Councilman Allar. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said meeting is in recess.

Reconvening of the Recessed March 1, 2010 Regular Council meeting on March 29,2010 at 9AM

Council members in attendance: Sam Snyder

Seth Noll

Tom Allar

Wendy Coble Tyson

Jamie Tyson

Executive Session at 9AM

A motion was made by Councilman Noll to go into an executive session to discuss personnel matters. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said we are in executive session.

Reconvening the Regular Council Meeting Of Yoe Borough Council at 12:20PM

Councilman Snyder said the regular council meeting was reconvened after coming out of executive session after discussing personnel issues and interviews. The committee would like to make the following recommendation, the following council persons are in attendance now, Sam Snyder, Seth Noll, Wendy Coble Tyson and Tom Allar. Jamie Tyson has since had to leave. There is a quorum present. Based on the interviews, the committee that met would like to make the following motion to council at the next regular meeting. The motion is in the form of recommending council pursue the services of Blakely, Yost, Bupp and Rausch, with the prime being Nicole Ehrhart to be discussed at the next council meeting as far as when that will actually take place and when that would be effective based off of those recommendations. That motion was made by Councilman Noll. The motion was seconded by Councilwoman Coble Tyson. In favor: Councilman Snyder. Opposed: Councilman Allar. Councilman Snyder said the motion carries on the council. With no other other further issues pending.

Recess of the March 1, 2011 Meeting Page 23

A motion was made by Councilman Noll to recess the March 1, 2011 meeting. Councilman Snyder said all in favor, meeting is recessed.