Wednesday, December 7, 2011

Yoe Borough Minutes November 1, 2011



YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on November 1, 2011 at

the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe. The meeting was called

to order by Council President Sam Snyder at 7:03PM followed by the Pledge of Allegiance.

Council members in attendance:

Sam Snyder

Tom Allar

George Howett

Wendy Coble Tyson

Others in attendance:

Sandy Sterner,Secretary-Treasurer Regan Strausbaugh, Resident

Dana Shearer, Maintenance

John Sanford, Mayor

Steve Malesker, Engineer

Nicole Ehrhart, Solicitor

Robert and Karen Morton, Christ United Methodist Church representatives


Councilman Snyder asked if everyone had a chance to look over the minutes from the last meeting, any additions or corrections? Councilman Allar said one on page 10, under Zoning Officer’s report, first paragraph, next to last line, Councilman Allar said Dan has

some success, this is referring to filing citations. The line has access it is to be success.

Councilman Snyder asked any other additions or corrections? A motion was made by Councilman Howett made the motion to accept the minutes of October 4, 2011 with the noted correction. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said minutes accepted.

Reflection in Record

Councilman Snyder said let the record reflect that there is a quorum of council here at this point. And we’ll make note if Councilman Myers comes in late. Put the time down.

I did receive a phone call from Seth, everyone should have heard by now that Seth is

a proud father of newborn as of last Monday, his third child. Mother and baby are doing

very well.

Ordinance 2011-03

Councilman Snyder added we do have an ordinance advertised for adoption at seven

o’clock. According to our new solicitor, unlike in previous times we don’t have to

Ordinance 2011-03 Pg. 2

adjourn to go into a public hearing unless its zoning issues. Therefore, it was duly

advertised in the papers, its ordinance 2011-03, which is an ordinance of Yoe Borough

Earned Income Tax, in the code of ordinances, we are basically adopting the Act 32

from the state of 2008. Any questions or comments, any public comment on that ordinance? Councilman Allar said this is statewide right? There will be a tax on business?

Councilman Snyder said no, that is only if it was in existence supersede what is already

in the code for us to implement that part of it, the borough code still supersedes, the tax

enabling act. We didn’t have it instituted by the then. Councilman Allar said the one line,

proposed tax on non residents, new tax, business is somewhere else, new residents.

Councilman Snyder said I think what you are referring to, is for us to be able to tax

the non residents for the earned income, be able to collect it and submit it back to them

so they can get it to the municipalities. Councilman Allar said so that is an option that

we can have? Councilman Snyder said its just allowing them to collect the tax. In other

words we aren’t going to get it. Councilman Allar said I’m not concerned about us,

being business friendly. Councilman Snyder said it gives them to authority to collect

the earned income tax and submit it back to the appropriate municipality. Any other

questions or comments? A motion to ordain, Ordinance 2011-03 was made by

Councilwoman Coble Tyson. The motion was seconded by Councilman Allar. All

in favor. Councilman Snyder said so be it ordained. Solicitor Ehrhart reminded to

secretary to send a copy to DCED and YATB.


Councilman Snyder said first on the agenda is Regan Strausbaugh. Mr. Strausbaugh

said I’ve been interested for quite awhile, I have a letter. Councilman Snyder said

submit it to the borough secretary. Mr. Strausbaugh said I have never been a write in

candidate. My mother was from Yoe, went to the church down here. I am active

in the Red Lion Ambulance Association. I’ve worked for county control, I have a degree

in secondary education, so I’ve worked in the Dallastown School District, in urban

economic geography. Which doesn’t make me an expert in any way or shape or form.

I moved to Yoe about five years ago. I am interested in helping the community in any

way I can. Councilman Snyder said its definitely an eye opener. Mr. Strausbaugh said

I have that in the letter, it’s a learning experience. There is a lot I don’t understand.

Mr. Strausbaugh said I am a very happy resident of Yoe. Councilman Snyder said

it can be a very rewarding position here on council, cause you can actually make

a difference in the constituents lives. Mr. Strausbaugh said the two men were exceptional.

I live at the park, it’s a beautiful park. If someone is going to vandalized it. In five

years I have had to instances that I called and one was a traveling fight and then again

on Saturday night. I was very impressed. I know its not easy to run a small town. The police have been exceptional. Mayor Sanford said overall we are very pleased with

the service. Councilman Snyder said with a municipal election coming up next

Tuesday, I would hate to ask this council to appoint you tonight and then someone

run on a write in campaign, then win the election as of January 1. What we can do

is see how the election fairs out, come back next month, assuming you got the

Visitors Page 3

high vote there, we could appoint you to December to fulfill the end of that seat.

Then you can be sworn in January if you are the winner for the municipal election.

I am thinking you run in a write in campaign. You get a couple of your neighbors,

I’m running a write in campaign. When you are filling in someone’s seat you

can only go two years anyways. Mr. Strausbaugh asked as a write in campaign

do you have to be with a certain party? Councilman Snyder said you have to

be a registered voter. Next month we could appoint you next month to Ms. Tyson’s seat.

We have to verify a few things. Are you a registered voted? Mr. Strausbaugh said

yes. Councilman Snyder asked are you a Yoe Borough resident? Mr. Strausbaugh

said yes. Councilman Snyder asked are you over the age of eighteen? Mr. Strausbaugh

said yes. Councilman Snyder asked are you a United States citizen? Mr. Strausbaugh said yes. Mr. Strausbaugh said if I talk to Marilyn Steinfelt, is there anything, to ask her

to drum up a couple votes. Councilman Snyder said if you are running a write in campaign, you have to run it the way you want to. You have to follow election laws,

as long as you don’t spend over $250.00, which I don’t think anyone has spent over

$250.00 on a write in campaign in Yoe. You have to fill out the paperwork. Ask your

neighbor to pass the word around, make sure they have your name spelled right, the

election board when they go through those, if someone spells it Regan, or if someone

spells it Regen, they’ll count that as a separate person. For you to get the votes you

want to make sure the people spell your name right. So for our records, I have

your name down as Regan Strausbaugh. Mr. Strausbaugh said correct. Councilman Allar

said it needs to be how you are registered as a voter. Mr. Strausbaugh checked and

on his voter registration card its Regan R. Strausbaugh. Councilman Snyder said when

you pass that word around, you tell them that’s how you want to be wrote in and go from

there. Mr. Strausbaugh has never been a write in candidate. Councilman Snyder said

you are welcome to spend the rest of the night here observing. Mr. Strausbaugh said

I would certainly like that.

Councilman Snyder asked any other visitors. Rob Morton from Christ United Methodist

Church. Councilman Snyder said I think they’re here because of the what we had discussed last month concerning about the possibility of a joint permit down there.

I guess Steve, since they are here, do you want to go over that at this point. Mr.

Malesker said sure. I did call Mary Beth Lindberger from Pennsylvania Department

of Environmental Protection, she covers York County for the South Central Regional

Office. I asked her, I explained the scenario to her, that Yoe Borough is going to

proceed on getting a permit to fix their portion of what is actually isn’t a bridge but

a stream enclosure. Their portion ends I guess from one side of the street to the other.

Then after that, it proceeds to go on the church property then under the church until

it becomes a state route. The church owns the portion in between the borough’s portion

and the state route. I said, would it be possible for the church to get in on the same

permit as the borough and be a co permit tee. And she said yes, that is possible both

parties would have to sign but then that makes Yoe Borough responsible for the

church portion as well, you’d be both signing the same permit it would be easier

for her and she thought it would be best for both parties that separate applications

Visitors(cont.) Page 4

were made. A lot of that depends on the timing of the work, if you want to proceed

with the repairs that need to be done to your section, and were going to be done

at the same time as the borough, and possibly use the same contractor, just have,

a separate contract for the church portion. If you were to do it at the same time,

then I don’t think that would be much of an issue that it would be on the same

permit application. Councilman Allar said then the closeout would take place after

completion of construction. Mr. Malesker said right. Councilman Allar said so

we are talking about an open permit, from the time its granted to completion,

it could be a matter of weeks. Mr. Malesker said if the church is committed to

work on the same schedule as the borough. That is what is really key here, because

I don’t think, I wouldn’t recommend that the borough allow you to be a co permit

tee if you weren’t be going to do it at the same time because they are on the hook

until you do the repairs. If the repairs aren’t done in accordance with conservation

district and DEP rules and regulations, then they are on the hook for implying,

it may come from that so. That’s why I think it would be best, to do it at the

same time. If the borough I guess agrees, first the borough would have to agree

to allow to be a co permit tee. Councilman Allar asked did you already get any

estimates. Mr. Morton said no at this point. Councilman Allar said we talked and

I talked to Joe and his wife is the treasurer. Everyone seem to indicate that there

is sufficient money to be used. Does this sound okay so far. Mr. Morton said yes.

Councilman Snyder asked now is this something, that they have an idea of

what work needs to be done? But if DEP comes in and because its getting permitted

by them, is there any caveat here, they say that the work needs to be done in such a manner, that raises their cost estimates let’s say double, they can’t met, then that

would become an issue of permits being opened. There’s no little caveat with DEP,

like that. Basically we’re telling DEP this is the work we want to do, this is what

we are going to be doing in it, so as long as they have good estimates with their

contractor, there shouldn’t be. Councilman Allar said one suggestion that could be

made to solve that problem, Steve and I talked about it before the meeting. If they

are willing to do an arms length transaction with C. S. Davidson, say, have your

structural engineer come in, give me an estimate, and take whatever data you need

for the permit. I am sure your structural people know what they are looking for.

If the church is willing to pay for whatever fee C. S. Davidson would charge,

it should be well in the confines that DEP is looking at plus its going to make

the permitting go so much more faster, make Steve’s work a lot easier. Mr. Malesker

said we would have to have that information anyways because its got to be in

the permit. It would have to be any details, the borough’s portion doesn’t have

a bottom slab, its just an open channel, so the borough would be doing repairs

to the base of the abutment walls because that’s where there has been some concrete

deterioration. Where it goes under the church, it actually transitions, I think there is

a timber overhead roof portion, then there is actually a concrete slab. There is no

deterioration at the base of the walls there because of the concrete slab but there

are areas where the bottom slab is missing, there are chunks missing. Mr. Morton

said I think from the concrete steps, and stuff like that, areas of concrete from

Visitors(cont.) Page 5

bridge, there is room in there for repair. There is about 150 foot long part that is damaged, four foot wide, it all seems to be along that one side. Mr. Malesker said

when our guys were out doing the assessment of the gabions, I had them take

a look under there, I had them get a feel for, they didn’t do an inspection, they just

walked through it. It would be a totally separate detail than what the borough is doing,

it would require additional engineering to come up with that, can’t use one detail

of wall repair. It would have to be. Mr. Morton said there is a two foot circle, deep

being gauged out. It would need to be repaired. Would you have to divert the creek?

Mr. Malesker said the borough would have to do the similar thing, put up a confer

dam to get the flow away from the base of the walls because DEP will hold you for it,

they don’t want concrete in the water, in the stream. They would have to do a similar

thing there. I think is probably enough room in there, you can divert the flow with

sand bag confer dam and be able to work in that portion. Mr. Morton said they

had a large pump set up, it worked out good. Mr. Malesker said having that opening

right there, that allows some access. Councilman Allar asked Steve, do you have

any cost for structural engineering technical data? Mr. Malesker said there would be an

inspection and then also to provide information for the permit at the same time. I’d have

to, I’d want to put something together. I would guess maybe in the $1,000.00 range.

It could be, typically when we do, inspection would be from $500.00 to $700.00,

a little more to work out the details and that kind of stuff. I think what we have to

do is station out what the borough’s portion is from the upstream opening, would

be like station zero. Then we, walk off till that structure ends, then that would be

structure 35 or whatever, it may be, then from then on it goes to the church, then

we would have to make it clear where it stops at the state route. Whoever is doing

the work, they will know where the work points are to start it. We can do it

on a time and material basis. I’m not by no means, trying to get work out of you

guys, as the borough engineer I am doing the work for the borough but you are

free to use whomever you want to do the work. In the case, it makes sense, you

are free to use whomever. Councilman Allar said I gave them the copy of the

DEP application. Do you have someone that you feel can complete that? Then

that’s the same guy that C. S. Davidson is going to work with anyways. I want

to make sure that you have what you need Steve, for the permit. You know

what this is going to cost before you get into it further. Mr. Malesker said the thing

is if its going to be a total permitting situation where both parties are going to

be signing, I would like to have some oversight on what happens, because its going

to be my seal going on the permit application. I will be, even if someone does

the detailing or whatever for your portion of the permit, I’m still going to be the

one ultimately responsible because it will be my seal on the permit application.

And you would be able to use the same contractor if the borough proceeds with an equipment bid. Have a contractor do that work for you, they could have a separate

contract to do the work for the church at the same time. Councilman Allar said

we are talking about both of our bridges, Mason and Church correct, as part of

the permit, correct? Mr. Malesker said yes, but Mason and Church will I guess

they technically could be on the same permit as long as Mary Beth would

Visitors(cont.) Page 6

allow that, we just did some York County bridges, we just used separate applications.

Councilman Allar said I know when talking to Jeff Shue a long time ago, he felt

that was. Mr. Malesker said they should be, they are close enough together, they

are on the same stream. Councilman Snyder said especially if we tie in the church,

its that one section. We are going from one bridge to another bridge, the church

is in between. Councilman Allar said because of the dollar amount when we are

talking about both bridges, I assume that we have bid this thing, or put it out

for open bid. Mr. Malesker said not if you use the equipment bid, that’s what

is being put out to bid, then you have a low bid price, competitive low bid price for

hourly work. Councilman Allar asked would that be an advantage of doing both,

putting them out for bid as well. I don’t know. Councilman Snyder said there was some talk at last month’s meeting, that working with Dallastown, getting on their bid,

they are going to have the money involved in getting the lowest contractor, and then

we can utilize that contract to do this work. Mr. Malesker said you wouldn’t want to do

both, you would want to do one or the other and engineering wise its cheaper to do

the equipment bid because if you go the other route its going to be over $10,000.00.

Then you are going to have the spec book and all at, whereas if you use the equipment

contractor, you already sign a contract with them, performance bond and all that.

Councilman Allar asked are you okay with that, or do you have a contractor in mind?

Mr. Morton said we were working on that. Councilman Allar said you are not tied in?

Mr. Morton said not yet. Councilman Snyder said they may actually be able to get

a better price than we can. Mr. Malesker said yeah. Councilman Allar said that’s true.

Its probably going to be tough to get a better price. We do this all this at the same time,

one mobilization, the church and two bridges, one contractor. Mr. Malesker said if you

do the equipment bid, there is no mobilization charge. Councilman Allar asked there

will be if the church goes out on their own? Mr. Malesker said right, then that contractor

would want to charge for mobilization. Mr. Morton asked mobilization is what?

Mr. Malesker said they can include various things, but it basically means from them

to get their equipment on site. Councilman Allar said they charge just to show up,

like a plumber. Mr. Malesker said they can include other stuff in there, a lot of

contractors in accordance with PENN DOT, like there is any money tied up in performance bonds, they typically put that under the mobilization, sometimes

maintenance and professional traffic is included with the mobilization. Its more

than just showing up, that’s the biggest portion, getting them mobilized. Councilman Snyder said so at this point, sort of like what I told you on the phone, after this month,

we are ready to proceed with going on with the application. That’s going to take

month’s to get DEP approval, at which point, we were hoping to have mobilization

and construction not until April/May of next year at the earliest, I would assume. Mr.

Malesker said the equipment bid would be in May, their contract would be in June.

Mr. Malesker said you’d want it to be in the summer. Mr. Malesker said there

are certain trout stock streams that’s typically from March when the spawning starts.

Mill Creek isn’t marked as a trout stock fishery. Councilman Snyder said what I’m

getting at, since you just have some contractors coming to get you a ball park

figure anyways. You may end up going with the contractor we have anyways, just

Visitors(cont.) Page 7

just because it may be cheaper. If we do a conditional motion tonight to get him rolling,

to get this permit in process. But say, hold off, you have like two weeks to say yah or

nay, if you have the money, until you can get a firm quote from a contractor. Who

says I’ll estimate $110,000.00. You know there’s no way, then that gives us the answer.

If he comes in and says I see only $2,000.00 worth of work, you know you have that

money, you can call in and say yes we want to part of this. Along with the extra

thousand that you estimated for the engineering, to coordinate the permitting process.

So, are you comfortable on getting him a definite, if the church wants to go along with

this, within, when would you like them, 24th or 28th. Mr. Malesker said I don’t know

if you need to meet with the council. Councilman Snyder said the 28th then, I want

to get things rolling before the next council meeting because if DEP is so backed

up, and we want to get this done come June we need to start on this permit now.

I was thinking like the 21st or something, if you can have an answer to him by the

21st. Councilman Allar said I would suggest you guys exchange emails. Part of

our answer would be, your cost estimate for your structural engineer. We’ve got

to that to the church so the church knows what that’s going to cost. Councilman

Snyder said I’m just tying to make it, so we can get a motion going tonight to

give him some direction, so he knows if I don’t hear from by such and such date,

we are moving on. Mr. Malesker said I would send you a separate proposal that

someone would sign, then we would have a contract between us for engineering

work required. What would I would do, is set it up to be an inspection and then

a report telling you what needs to be done and then also include some time to

create some details to create the permit application as well. Councilman Allar said

when you say what needs to be done, there’s, everything has a Cadillac and a chevy.

They are not rebuilding the church or anything. Mr. Malesker said no, sounds like

you are familiar with it too, there’s a concrete slab where there are some areas where

the floor is missing. Councilman Allar said there is work down there that could be

done but from a safety standpoint or a structural standpoint which at a least be done.

Mr. Malesker said yeah, if there is a spaw that is one inch deep there is no point in

fixing something like that. But it would be if you want to fix that concrete slab and

also you want to make sure that, sure there is hole right there, you want to make sure

that water is not actually not going under that slab, you may have a void all the way

under there. That is something that we have to probe and check. Councilman Allar

said they are having erosion on the bottom of the wing walls just like we are. Mr.

Malesker said they actually don’t, they have a bottom slab. Councilman Allar said

but from looking at it at low water, it looks like its eating away the side walls. Mr.

Malesker, said right, I’m sure there’s some concrete scaling. That’s not extensive.

Mr. Morton said there is a section about 2 foot in diameter, 2 foot deep that portion

is out of the water. Mr. Malesker said we detail it, that would have to be dewatered,

we actually try to get some reinforcement in there too so that, to tie it into the

existing bottom slab, so that buoyancy just won’t pop it out. Councilman Snyder

said okay, do you think you can do that by the 21st? That gives you three weeks

actually, all this week and then two full weeks. Councilman Allar said I thought

Visitors(cont.) Page 8

you said the 28th. Councilman Snyder said I did say the 28th but with Thanksgiving

in there. Mr. Malesker said for the purposes of the proposal should I address it to

you in care of the church? Mr. Morton said that would be good. Councilman Snyder

said one final thing before I do the motion, the solicitor’s opinion. Now understand,

that this is a complicated issue with the structure being part state route and a

bridge, and part borough owned, and its like one solid structure that then becomes

this archway and base under the church. Knowing that we have these issues, with

some of the extremists and separation of church and state, we’re trying to do

what makes sense, looking at this as one project because it only makes sense to

do it together, because its one structure, but yet trying to keep the entities separate,

that they’re responsible for their portion and we are responsible for our portion. That

being said, any legal thing that you feel we need to be aware of at this point? That

we need to make part of the permanent record, that’s how we are proceeding, that

we’re not trying to over step our bounds and violate church and state thing, we

can’t ignore the fact that’s its one structure and. Solicitor Ehrhart said as far as

what I’ve been hearing tonight, and everyone keeping the items separate, with C.
S. Davidson saying we will keep it separate, look for a separate cost estimate,

separate engagement letter for whatever they review. I do not see a problem as long

as everything stays separate. There’s no fee splitting or, everybody is maintaining

their own, sending the project together. I don’t see a problem with it, But I’m going

to research on it, I will let you know before the 21st if I find a major red flag.

Obviously there is no red flag coming down from DEP. Councilman Snyder said honestly, its one structure, its like municipal boundaries, they are just there and unfortunately it happened to be a church of all things. It only makes sense in the whole

caveat was if the church had the money to do the work but it does make a lot of sense

to do it as one project, that’s what we’re trying to accomplish here. Mr. Malesker said

I think DEP won’t have an issue as long as the work is done at the same time. Their

concern was the work is staggered then, one entity is on the hook for the others portion

of the work. Councilman Snyder said and if possible, you get that cost estimate, you

know that is within the work constraints, could you also see that Steve or C. S.

Davidson gets a copy of that because if he sees, he has a pretty good idea of what

this is going to entail, if he sees that your contractor missed a substantial item, that

he knows he has to put down, he knows it has to be done when his inspector comes

down, that could raise the cost if your contractor didn’t look at that, and if that cost

is an extra five or six thousand dollars, that may throw you out of the loop. So if

you could also, when you say yep, here’s the contract we got, we’re good with it,

here it is Steve, before the 21st and he could say it looks like you got everything and

Steve is you see that there is something material that contractor happened to forget,

you’ve got to let them know and say hey this is going to be an extra six or seven

thousand dollars that you didn’t take into account. And that may make the difference,

if you can still do it or not, I don’t know what your monies are like. I don’t know

where this is coming in at. Councilman Allar said the price that their contractor gives them may actually may be high, if we go in with Dallastown, and all the items are

covered that is worse case scenario, go out and get another estimate. Even with what

Visitors(cont.) Page 9

Steve’s structural engineer comes up with, may be a worse case scenario. Those

numbers are going to be the very high numbers, and besides we are talking about

construction maybe in June. So that leaves more time to get more money, get all

the funds that you need to get going. So keep that in mind. Councilman Snyder said

I just want to make sure, depending on what contractors get if they missed something,

and they say that’s going to be an issue. I know how your budget is, your budget

is as bad as our budget, five thousand dollars could make or break the difference

of whether you go on with the project or not. So if you don’t go ahead with the

project, we already submit the application then that just screws us up, so we

want to make sure that everybody keeps this line of communication open. Mr.
Malesker said I would just consider a small contingency than on top of whatever

his cost is, just to be safe. Councilman Snyder said then hopefully like we said

when we work out this contract with Dallastown, we are going to piggyback on

with theirs, while you are not a municipality and won’t be part of that, most

contractors if we know they are doing the work with us and we are part of that

agreement. I’m sure with especially the church, say hey, this part of the same

project, will you give us the same rates, they are going to agree with it even

if you’re not part of the agreement. You can work out your own. You use

solely your own company within the next year within these parameters.

Councilman Allar said whoever we contract with, can do everything. Mr.

Malesker said we give a list of equipment so that have rubber tire back hoe,

we have a tri axle, big list of equipment, then we estimate the hours that

its going to be used, then they put an hourly fee on that. And then we add

it all up. Whoever has the lower labor rate. Councilman Snyder said that’s who

gets the contract, we are hoping to piggyback onto that. Councilman Allar asked

who is it, by the way? Mr. Malesker said Fitz and Smith has been the one that

has gotten it for the last several years. Councilman Snyder said a company like

will work with the church, even though they are not part of that agreement, will

work out. Mr. Malesker said that contractor has no obligation to hold their

prices for the church, I’m sure that they probably were, but I can’t speak for them,

It is going to be a separate contact, they may give you a different price, it will

good to have your own contractor. Councilman Snyder said to give your own

view of what is coming in. Hopefully they will still honor that, I’ll do it as one

work because I don’t have to mobilize twice, you get the benefit of us as well.

Mr. Malesker said its extra work for the contractor that is already there, I don’t

see why. Councilman Snyder said if they are willing to do the work for us

at that price. Mr. Malesker said for confer dams, they would be able to use the

same things, they’ll just progress their way. Start down stream and work up stream,

or work up stream then down, move their confer dam. It makes sense with one

contractor to do it. Mr. Morton asked they will have pump out. Councilman Snyder

said they’ll have to do their by pass pumping. Mr. Malesker said I think there

is enough room in there to put a confer dam in and force flow over and then.

Because then you don’t have the pumps running. They’ll probably still have

to have a pump in the water. We were aren’t changing the invert of the stream,

Visitors(cont.) Page 10

all we are doing is the base of the walls, we are just fixing that. We aren’t

not putting a concrete slab, its going to stay the natural channel, we’re not

adjusting the invert at all, DEP won’t let us do that anyway without doing

a detailed analysis. Councilman Allar made a motion to go ahead with

a joint application to the do the work on the two bridges with Christ United

Methodist church assuming they get back to Steve by November 21st that they

have the funds in which to proceed their part of the permit. If they respond back

that they do not have those funds available on the projected work needing

done on their end, then our engineer to proceed with securing the permit on just

the borough’s behalf. This incorporating for the joint permit. The motion

was seconded by Councilman Howett. All in favor. Councilman Snyder said

motion carried. Councilman Allar said before you go, you had some questions on

the gabions and trees growing out. Actually it just happened, that we asked Steve

to do an inspection and maybe if want to raise the issues and Steve can address that

right now. Mr. Morton said some trees are growing out of the gabions. Stone is

coming out of the baskets. Sticking up. Councilman Allar said I’m sure you

have seen that. Mr. Malesker said yeah, we are not done with the complete assessment, what I was going to do is pass around the photos that we do have, then for the next

meeting I’ll have a report. We found some areas where the gabions are rotating, pulling

away from the bank, and some of the concrete pinning is undermined there is a 30

foot section that is undermined. There is so issues there. I don’t have the report yet.

Councilman Snyder said the only thing that I can tell you, as far as the trees and that,

when we originally put in the gabions, I’m not going to speak for Steve. I’m going

tell you what we were told back in 2004, actually they like to have that vegetation

growing in there because it helps seal everything and tie everything together. So.

Again without a detailed inspection to say, this is problem, and what you’re talking

about I don’t know, actually vegetation in the gabions isn’t a bad thing. Mrs. Morton

said I thought something coming down the stream, would touch that, go into the

gabions. Councilman Snyder said technically accept for water, there is not

suppose to be anything coming down. Mrs. Morton said if we have another flood.

Councilman Snyder said oh yeah, there is all sort of debris coming down through

there. Mrs. Morton said and got another tree and ripped that gabion wall open.

Mr. Malesker said some vegetation is good, it does help bind it together, when you

start getting into larger trees. Cause that can start deforming the gabions. Once

they start losing their shape, that’s when they start rotating, they rotate off their

weak access. Councilman Snyder said check back next month, and see what the

report says. It may or may not be an issue. Mr. Morton asked about the use of a lot

bigger stones. Mr. Malesker said there are certain specifications on the gabion

basket, they should be pretty much standard. Mr. Morton said along Powder Mill Road, for years and years, wasn’t affected at all, the baskets were built and put in properly.

They didn’t have a problem, they haven’t moved at all. Mr. Malesker said I’m not

sure if that channel sees the amount of water that Mill Creek, that gets high fast.

There is significant velocity, that certainly makes a difference.

Visitors(cont.) Page 11

Councilman Snyder asked any other visitors that like to be recognized?

Thanks for coming tonight, we’ll be in touch. If you need any contact information

lets us know. We will keep the line of communication open.

Solicitor’s Report

Solicitor Ehrhart reported on the update of the quiet title issues. We finally were

able to quiet title all the defendants except for the three that we still have remaining.

That portion is remaining. We got the order from the judge and we are done.

The two remaining that were not served, we got service, one by sheriff the other

is going for publication in the paper in the legal record. We are just waiting for

the publication to expire. I checked tonight it should be around the seventeenth of

November. Once the publication service is done, we will do a default judgement

against those two final remaining defendants. Claycomb, I spoke with their

attorney, we had an email exchange earlier in the month. Basically he wanted to know, he had some questions, regarding was it going to be ever, are we going to make him

take down the shed, and most important are we going to be paying him for the use of the land. I basically told him, that it would be indefinitely, he didn’t have to take down the

shed and no we weren’t going to pay him. So I called his attorney today, and she said

she understood that and was waiting for a response from him. I did let him know,

I am working with the associates at Marc Roberts office. I did let her know, he is our

only outstanding issue. I’d like to wrap it up by the next council meeting, she assured me

she would have it wrapped up by then. That is the best I can do. He still isn’t technically

holding us up, because we have the other two defendants that are working in the system.

They aren’t going to be an issue but service is out, then you have to give them a ten day default notice. Motion for default judgment like the other defendants. I don’t anticipate

any snags, I think he’s going to come around . Discussion continued.

Solicitor Ehrhart said the other issue I looked into was the flood easement. I did look

into that. Unfortunately when I looked at your easement document, it was, it is

just a flood containment easement, its very specific. Doesn’t give you any rights of

access or maintenance, or anything else. That you had ultimately that you thought

would be in there. The one provision that I thought, and kind of discuss a little bit,

was the seller is forced to maintain that business. So in talking with Steve a little bit,

we discussed that, that easement has eroded away, so it hasn’t been maintained.

So I think I have some room to do a letter to the seller to say, you haven’t maintained

therefore you need to do the fill or whatever Steve recommends that needs to be done.

And if the seller says no way I want to do that. We can say okay, if you don’t want

to do it, we will be happy to do it , just grant us the access to do it. Because that’s

not really in our easement. And I think we will get a response to the second part of

that. I don’t the seller is going to be interested in the filling or whatever. I think what

will happen if I threaten to enforce that provision of the easement, I think he may

say go ahead and do it. Whatever Steve thinks, I am going to work with Steve if

Solicitor’s Report(cont.) Page 12

council desires and put that in the letter. Councilman Snyder said that is response to what Dana had brought up the month before about putting some R 6 stone along the outside stream bank to stabilize that, cause all that dirt is eroding. What Nicole found, is that

they have the right to maintain it. So since we don’t have an access easement to our dams, we will take this easement force them to put in R 6 stone or whatever Steve

is recommending to be done, bring that back to a stable state. But we will be happy to

do it on your behalf if you grant us an access easement to our dams. Then we get our

twenty foot easement to our dams, whatever Steve recommends, down there at

the very bottom. Councilman Allar asked this easement covers the area between

the creek and Springwood Road. Councilman Snyder said correct. Councilman Allar said

on the left side. Councilman Snyder said it covers some of it. Councilman Allar said

on the opposite side, you can run vehicles through it, to do clean outs? Looks like

there is. Councilman Snyder said Steve is going to have to make a determination,

we can actually use that easement to get access to the dams for maintenance. As long

as they amend this, to say you have access for the other properties. Mr. Malesker said

I think we looked at that Dana, there is too much vegetation and the slope is too

steep to give access, it has to be where Jake’s been coming in at that gate. You could

follow the creek on that side. Discussion continued. Councilman Allar voiced concern

that the Riedels will not understand, they claim they never signed an easement.

Solicitor Ehrhart and Mr. Malesker said it is recorded, its signed. Discussion continued.

A motion was made by Councilwoman Coble Tyson to have Solicitor Ehrhart to draft

a letter and work with Steve in presenting our case to the Riedels. The motion was

seconded by Councilman Howett. All in favor. Councilman Snyder said motion


Solicitor Ehrhart said that’s all I have for the updates I have.

Councilman Snyder said we received a letter from James Holley and Associates.

If you recall, the amendment to the agreement in the Mill Creek Users Agreement

that had to briefly look over, that was changed by the solicitor for the sewer

authority. They are asking us, they’re following through with that, they are asking

us to sign again that amendment to the agreement. We already had a consensus

of council to do. There’s two copies of the new drafted agreement, we are to retain one copy and return the other executed to their office. Then they will see if they can

get all the municipalities to sign off on it. A motion to sign the amendment to the

agreement for the Mill Creek Users group by Councilman Allar. The motion was seconded by Councilwoman Coble Tyson. All in favor.

Councilman Snyder said we met and had our budget workshop and the committee

came up with a proposed preliminary budget. We will have to draft the tax mileage

ordinance for next year and have the solicitor send out the notices for advertisement

for the December meeting. Highlights are there is no tax increase. We have total

expenditures of $443, 374.00, total available of $444,309.00 With an unappropriated

Solicitor’s Report(cont.) Page 13

balance of $935.00. In this budget it was determined that with Sandy coming up

on our 6 years of being back with the municipality it includes two weeks of paid

vacation, it also includes a 1% pay increase, taking her from $16.34 to $16.50 per hour.

A 1% pay increase for the maintenance, which would take Dana’s hourly wage from

$16.35 to $16.51 per hour. We also decided to keep the 2 PPU’s for the police coverage.

It was discussed since we decided to keep the PPU’s if the mayor could contact

York Regional, ensure that they up their traffic details so there is a visible presence

in town with the police coverage. Alternating between daytime and nighttime hours.

With Seth not being here, he’s suppose to look out on the Benchmark issue to see

if that still viable and we’re making any money on that. We did receive an update

on that where they were showing an 11% savings. Councilman Allar said one other

thing that we discussed at the meeting, because we first had a surplus, we may

be considering an audit of the tax collector. So I am bringing it up. Councilwoman

Coble Tyson said when I attended the seminar with municipal officials with the

borough’s association. In that conversation, it was discussed what should be audited

and what shouldn’t, I don’t know if there is a law that says it should be, it was

highly recommended that the tax collector be audited. Probably not as often as the

borough but the tax collector should be audited. The secretary said she was

audited prior to 2000. Councilman Snyder said as far the budget is concerned,

there is potential money in there to cover that if we decide to go for it. Get some

cost estimates. We wanted to bring it to council’s attention. When the auditors

are here doing our audit, if council decides that is what we want to do, we can ask for some quotes. A motion to accept those noted items, for paid vacation along with

the preliminary budget and for our solicitor the mileage ordinance which will be

2011-04 for the December meeting by Councilman Howett. The motion was

seconded by Councilman Allar. All in favor. The secretary said the budget will

be advertised for adoption for the December meeting.

Councilman Allar said on the land owner agreement. I know you talked to Jake.

And there was on change made. Solicitor Ehrhart said I wanted to get any comment

from council. Did I forward to you? Councilman Snyder said I did talk to Seth about it,

he didn’t have any problems with it, he read over it. He said everything to look good.

Solicitor Ehrhart said that’s all I needed, for someone from council to say its okay. I did hear back from Jake, he had one comment. I will integrate that. The only issue that

I am having, with Steve Hovis, he wants that fixed date for the grant. I think he should

be more flexible since I reviewed the growing greener grant. He should be familiar

with that. Councilman Allar said when we get the money? We got confirmation of

approval. The secretary said we get part of the money, then we have to file the final bill.

Solicitor Ehrhart said that’s what I need to work out with Steve. That’s the only issue.

It should be approved, modify that. I’ll ask him to put on the York Township’s agenda.

The inter-municipal agreement between Yoe and York Township, in that agreement it

references the land owner agreement that York Township is going to execute, so hopefully I can get Steve to put it on the agenda, maybe this month if not next month.

Get it our agenda as well and finalize it. Councilman Allar said it would be approved

Solicitor’s Report(cont.) Page 14

and signed off on. We want to make sure that there is no expiration date, as far as

the Army Corps of Engineers and DEP, we are on the hook forever really. We have

to maintain that. It can be a ten year or twenty year, normally these things are

twenty years, we don’t want that in there. Solicitor Ehrhart said I’ll make sure, I don’t believe it had any fixed time, I think it was indefinite. Discussion continued.

Councilman Snyder said there has been a flurry of emails and updates on the storm

water management ordinance. Mr. Malesker updated the council, we have sent

out something earlier today, we have the latest and greatest revision of the ordinance.

Its hard to get any consistency out of DEP. At one point we added those 8 provisions,

it can potentially put the ordinance into non compliance. DEP said you can’t do that.

And they are saying, basically you have no option but to sign this. What we have

done, Nicole has taken a look at it, its an implementation tool that the borough can

use to help out the little guy. It’s a cookie cutter approach to a storm water

management permit application. If someone would want to do a shed in there, there

is things that they would check off. It makes the property owner responsible to make

sure that the work they do is in accordance with the storm water ordinance. Councilman

Snyder said that just came in late today, and since Seth wasn’t going to be here tonight,

I asked Steve to hold off. We are back under the gun for implementation, he will

go over some detail with us. We won’t advertise it until January. It will give Seth

an opportunity to come back at next month’s meeting to fully explained things.

Mr. Malesker said Seth was at the meeting with York County Planning and DEP and the municipal manager’s meeting. You can tailor this the way you want. Customize

this to how you see fit. We are trying to take the engineer out of it. Discussion continued.

Councilman Snyder said you say we can tailor the implementation from what you say.

Solicitor Ehrhart said technically you are already in violation of not adopting the

ordinance. You are really at the mercy of DEP. Mr. Malesker said not every county

hasn’t been started the process, they haven’t been given the registered letter with

the deadline of adoption. Solicitor Ehrhart said you run the risk of not getting state funds.

Wrightsville, Red Lion and Springettsbury has not adopted it so far. Those of the ones

that I know. Mr. Malesker said you need to be comfortable with what you are doing,

you are the ones that will have to do the implementation. Discussion continued. Councilman Snyder said we need to put it lay terms so the constituents understand.

Mr. Malesker said you should never adopt an ordinance that you do not understand,

you have to understand the ordinance you are adopting. Knowing the definitions,

I think what Seth was doing, going to meetings. He has his head more wrapped

around it. If you understood that a little more, this stuff would make sense to you.

We are trying to save the borough money, we’re trying to make it easier so you

can handle this on your own. Councilman Snyder said I know we have to do it,

right now, until we can get the document until its tailored to a lay mans terms.

Sensible verbage. Solicitor Ehrhart from what I heard from the county, if the

municipality is making a good faith effort, that is enough right now. As long as

you can show. I don’t know how long the good faith effort will be. Councilman

Snyder said I just wanted to get it on the record, I knew we weren’t going to

Solicitor’s Report(cont.) Page 15

be doing anymore with it this month, you sort of get an idea where council’s ideas

are, now we will wait until what Seth comes back and we get an idea on how we

want tackle this. Discussion continued. Solicitor Ehrhart said is there a way to

put it back on the landowner, you are responsible for any storm water issues, and

therefore we’re hereby. Mr. Malesker said its on the back where the property

owner signs. Solicitor Ehrhart said there is no way for the landowner to say,

I understand that I didn’t get to do storm water and if I choose not to do storm

water I’ll be liable for any. Do you know what I mean, taking the burden off of

someone who is putting in a shed, that did not need to be. Any way to do that?

Mr. Malesker said they do need even for a shed they are going to have to do

volume control. This flow chart documents the procedure. If you would have,

if you would like to see something else in here, this is just a sample. If you want

to add some thing in there. Provide your comments, we can make this whatever

you want. Councilman Snyder said does this have to be submitted when they

apply for building permit? Mr. Malesker said anything that would require

storm water management. If they were doing an addition. That is the purpose of the

new ordinance you can’t do anything. Councilman Snyder said basically if

anyone wants to do anything, they have to come for this permit. Mr. Malesker

said that is why everyone is having issues with the ordinance because.

Councilman Allar said if the building burns down, and rebuilds where there wasn’t any storm water. Is this a problem? Mr. Malesker said if you are doing additional impervious area. Councilman Allar said if they don’t do anymore than they already have, however

there was no provision when it was originally built. Mr. Malesker said you would have

to see as long as they aren’t changing the course of the water. If put a shed on a parking lot, this doesn’t really apply, you aren’t making any additional impervious area, because

its already impervious. Discussion continued. Mr. Malesker said we can discuss it more

next month, unless Seth wants to meet more between now and the next meeting. Discussion continued. Councilman Snyder said for the record council will continue

discussion on the storm water ordinance until we come up with something appropriate

on how we are going to implement it.

Engineer’s Report

Mr. Malesker said he sent Jake an email about the wetland mitigation project for an update, so he never had anything back on that. Councilman Allar said the permit is

still pending. Our grant is not the same as the township. The one can be approved

by the staff, the other by the governor’s office. The permit is still in the works.

As far as I know, Rettew is working on the easement.

Mr. Malesker said I will have my final report next time. Councilman Allar said

you mentioned rotation and leaning about five times in five different areas.

Councilman Snyder said one thing, the Mother’s Day storm was in 2004, so the

construction was done in 2005, we had a year performance bond. Life expectancy on this, from what we were told, do you see any workmanship issues that contributing to this,

Engineer’s Report(cont.) Page 16

or is the fact that we have an alley right beside it, or is it pushing it out. Mr. Malesker

said the gabions are always the cheapest alternative for a permanent retaining wall.

There’s been so many significant storms. Councilman Allar said I am agreeing with

Sam here, the gabions were originally put in the eighties. For thirty years, with

technology the way it is today, thirty years and we can’t get five years. Councilman

Snyder said I know you aren’t done your assessment yet, but keep that in

the back of your mind as far, as when you are doing your assessment. If you are

seeing workmanship issues, that was a half of million dollars to put those things

in. There is legal remedies out there for latent defects. We put in extra new designs

of those veins, to prevent a lot of this under scouring. Maybe it’s a two hundred dollar fix, to fix a basket. Food for thought. Maybe expand your scope, was it a workmanship

issue. I wasn’t expected to see those types of issues in there, maybe a rock issue, maybe a little under scouring of the veins, the veins aren’t exposed anymore. Councilman Allar said maybe a way to make this survive a longer time. Discussion continued. Councilman Snyder said I want to see what the problem is, a potential fix and also see where, if there is a workmanship issue, if someone didn’t put something in right. When he was talking

about the stone in the baskets, Ron Crull complained about that the stones were too small.

Jason assured us multiple times, saying they were small, they were within the parameters.

Mr. Malesker said you want your stone size to be the smallest it can be without falling

through because the more consolidation you have in the stone the stronger its going to

be. The bigger stone the more voids you are going to have. Discussion continued.

Mr. Malesker said keep in mind from Boundary Avenue to all the way to the end,

we have a couple areas where there is some leaning. Ninety five percent is in good

shape. When you consider the overall length of this thing. Councilman Snyder said

maybe this is just overall maintenance. Mayor Sanford said I have FEMA meeting to discuss the cost of the basins. Is the cost that we are going to incur, going to be part of

storm damage. Mr. Malesker said the undermining certainly. Mayor Sanford asked if

a figure can be gotten I can take with me. Mr. Malesker said yes. That scour out

that has been caused by the high flows. Mayor Sanford said this is the first meeting, if

I go in there with a figure, indicating might have been contributed by the storm.

Just shoot a figure, this is a kick off meeting. Discussion continued. Mr. Malesker said

the most significant thing is there is thirty feet of undermining where its coming back

eighteen laterally underneath that scour protection. And that would be attributed

scour caused by high velocity flow. Discussion continued.

Mr. Malesker said we did the basin inspections, the annual. So we will have those.

Mr. Malesker asked if we got that emergency action plan. It can be submitted

without saying it will be coming then.

Maintenance Report

Mr. Shearer said tires are needed for the 1995 F 250 Ford, we are down to 4/32nds

on there. Snow vehicle recommendations are 6/32nds. I would like to use

Brooks Huff price is $620.00 out the door, to spend $700.00 to get the vehicle

Maintenance Report(cont.) Page 17

aligned. Mr. Shearer said this tire ATR, does not have as much tread, it has more

dry traction. The prices at L. J. Allen and Nello were about $100.00 more. A motion

to purchase tires for the F 250 by Councilman Allar. The motion was seconded by

Councilman Howett. All in favor. Councilman Snyder said motion carried.

Mr. Shearer said the tires were put on the F350 and had that aligned.

Mr. Shearer reported that we had a fire hydrant knocked off at Elm and Philadelphia

Streets by a tractor trailer in the middle of night. Police have listed it as a hit and

run. I coordinated with Dallastown Yoe Water Hydrant to purchase a hydrant and

Kinsley will do the work. We will be able to file a claim with our insurance with

a $1000.00 deductible.

Mr. Shearer said leaf pick up is running late this year.

Mr. Shearer said I am not getting any work crews right now because the supervisor got


Mr. Shearer said as far as property maintenance, we got two of the four late payments.

We did had contact with Mr. Smith’s attorney. We are giving the same deal that

we offer the other late ones. One other is out of town that we may have to deal with.

Mr. Shearer said we cleaned up limbs at the park. Park building has been winterized.

Mr. Shearer said I will be replacing the carburetor on the old spreader due to corrosion.

Mr. Shearer said I would like to thank John for the help during the storm. Also Jason

helped me get ready for that storm. Mayor Sanford said everyone worked a shift,

everything went well.

Mayor Sanford asked how do we handle tree limbs up on the 200 block? Tree that

came down last time, came down again this time and its still on the sidewalk.

How do we address that, safety hazard? Mr. Shearer said probably have to

get Dan involved. Mayor Sanford asked if Mr. Shearer could follow up on that.

The secretary said I received a phone call about limbs in an alley way. Mr. Shearer

said they would have to cut them up smaller to be able to place out with

garbage for Penn Waste to pick up. There are two options to have someone come by

their property to chip them up or have a day when they can bring them to a certain

area. Mayor Sanford asked I wonder if York Township would allow us to use their

pile? Mr. Shearer said our options are York Township or Red Lion. Mayor Sanford

asked if Mr. Shearer would follow up with Mr. Depoe? Mr. Shearer said okay,

I think they do that on the third Saturday.

Mr. Shearer said I did contact John, since he works with EMA on two phone calls

asking to help to get the power back on. Mayor Sanford said I did get a call that

Maintenance Report(cont.) Page 18

they were working on the large areas and would restore as soon as they can. Mr.
Shearer said in the next newsletter might be able to put information about

power outage.

Councilman Snyder said to put in the newsletter, about power outages. I was

wonder if we could come up with the EMA and the fire department, I was

wondering if we could come up with some sort of shelter, if we have

outages that affect a good many areas of the borough. Mayor Sanford

said our station was manned, one or two people did stop in. And also

Red Cross had a shelter set up at Central High School. Councilman Snyder

said but if we could get something concrete, if power is expected to be out

a day or two. Put something in the newsletter, if its going to be a prolonged

outage, that the residents can report to the fire department. Mayor Sanford

said that would be the first step, then we could direct them to the larger

shelters. Councilman Allar suggested covering all emergencies. Mayor
Sanford said we can start by having people going to the local fire station and

then we would redirect them. Councilman Allar said maybe we need to

have some wording on how residents are alerted. Mr. Shearer said our

EMA officials would work through the county EMA. Councilman Allar

said I am saying that the residents understand this. Is there something

more that we can do for the residents? Councilman Snyder said when

something happens, that is why we have the NIMS in place and those

decisions are going to made by other people higher up than us. That is

why NIMS was put into place. They are going to determine how

that communication is going to be based out. Councilman Allar said

something to make residents aware of how communication is going

to take place.

Councilman Allar asked what was the damage at the ball field all about?

Mr. Shearer said there was vehicular damage to the outfield, John

will be covering it under police, he handled that.

Zoning Officer’s Report

Councilwoman Coble Tyson said in the zoning officer’s folder there were

letters from Mr. Smith’s attorney.

Councilman Snyder said issues that I have with zoning, here’s a copy and

I was going to update this on a monthly basis for the newsletter notification.

As residents come and complain, there is an update.

Councilman Snyder said we did receive notice that the District Justice,

the Richardson property of 230 Main Street, was fined $3000.00 on


Zoning Officer’s Report(cont.) Page 19

Councilman Allar added that Dan Shaw is continuing and keeping up with

violations. Councilman Snyder said yes, but Mr. Shaw can’t continue

that, beginning next year. Along with that, when I spoke with Seth, I

had two people contact me that would be interested in the code

enforcement officer’s job. Brandon Ducharme, his resume is here,

and Patti Myers, put their names in the hat. I forwarded that information

on to Seth. He said, I told him what was discussed at the budget meeting,

when we were budgeting for that. He felt he would set up a time within

the next month to interview. If they qualify, if not we would put in an

ad. Councilman Noll will contact them.

Councilman Snyder said the Department of Labor and Industry did an

audit of the municipality. It’s a four page letter. A lot of it, we are suppose

to meet with our third party contractor and go over some of these findings.

I will leave that with Sandy and she can put it in with our packet for next month.

We may want to sit down with Codes for explanation.

Councilman Snyder said Dan did get a letter from Attorney Solymos who

is representing the Siegel property dated October 21st. The letter still

referenced Dan’s decision on the property, 2 unit property to a 3 unit

property. Dan’s opinion stands. If they want to go for a zoning appeal,

then they have to go for that. Attorney Solymos stated that since

1971 and up through, classified as a three family residence for tax

purposes. Councilman Snyder noted that they turned back in the

sewer EDU. So as far as the use goes, when they apply for rental license

they only got one. Live in one and rent that other. The zoning hearing

board will need to hear this case.

Emergency Management Report

Mayor Sanford said I’d like to have permission to research in buying an

emergency generator for here out of the emergency management money.

Mr. Shearer said I am willing to work with you on prices. Councilman

Snyder said be aware that we have $1000.00 for EMA for 2012 budget,

possibly pulling funds from 2012 budget and next budget to get something

you really want. Mr. Shearer said we won’t be able to get a generator for

$1000.00. We will come up with a plan.

Mayor and Police Report

Mayor Sanford said you have my report in front of you. Highlights would

be more towards end of the month. We had a couple situations that were

handled during the storm. I don’t think we captured the original vandals

to the ball field and dug out, I took information on another person that

Mayor and Police Report(cont.) Page 20

was spotted on the ball field that evening. That information has been forwarded.

Councilman Allar asked is the vandal the same as the vehicle? Mayor

Sanford said I am thinking it might be two different situations. There was

couple vehicles out here before the storm, I think it might be separate. Mr.

Shearer said the previous issues were behind the salt shed in the large open

area. During the storm, that’s when the gentleman that John encountered

drove onto the ball field past the sign that says no motorized vehicles.

The initial problems were out back here. Mayor Sanford said Dana

will need to get figures from an outside contractor for repair. Another

situation was in the park which was discovered through Mr. Strausbaugh’s

call. He saw Rick and Jason out in the borough truck, we went up to help them

out. Charge of criminal trespass is pending and other charges also.

Mayor Sanford asked any questions on my report?

Mayor Sanford said I do have a meeting with FEMA on November 10th to

start the paperwork on our damages. With the additional dredging and

the gabion wall damage. I had a conversation with a FEMA representative.

I would Mr. Shearer to go along with that meeting. Councilman Snyder

said if you feel you need someone from C. S. Davidson there to discuss

the gabion issues, you may want to talk to Steve. Mayor Sanford said we may be able to accomplish that with a phone call. Councilman Snyder said let the record reflect

that there was a consensus of council for the Mayor to contact the engineer as

needed to expedite with that meeting.

Councilman Allar said we mentioned about the code enforcement. Last meeting

Sam had mentioned that contact and see if any police officers would be interested?

Mayor Sanford said I didn’t get any feed back on that, the reason for that, some

of the officers are looking at early retirement. I’ll revisit that as the end of the year

gets closer.

Councilman Allar said you are hearing about the issue of storm water and

the management of unfunded mandates, did you get an information from

the boroughs association? Mayor Sanford said I did not get any more

information. Councilman Allar said the borough association said they

want to get the representatives to sign off on something like that . Mayor

Sanford said I have the contact information of the current president, I have

not been very active with that. Councilman Allar said you know those

people, York County Boroughs Association should be able to carry some

weight, on how much this is costing us. This is one of the avenues that

we have.

Secretary’s Report Page 21

The secretary said all bank statements for the third quarter 2011 are at your

seat at the council table.

The secretary said 2012 meeting dates are at your seat at the council table.

The secretary said we received the signed MOU from the York County

Conservation District.

The secretary said we received a letter from Met Ed on alternative technology

for street lighting at your seat at the council table.

The secretary said two 9 month no penalty C. D’s expired. They no longer

offer 9 month no penalty C. D’s I took upon myself. I opened a general fund C. D for six months at .3% for $44,878.24. Capital Reserve C. D. for . 4% in the amount of

$30,751.23. which is due in a year. I transferred enough money into the Capital
Reserve money market account to cover the bridgework. The money market rate

is .3 %.

The secretary said office hour changes are November 18 10:15 until Noon and

the office will be closed November 25, 2011.

Councilman Snyder said we received a notice from York County Parks and

Recreation that Yoe Borough Week for Christmas Magic is December 4

to the 10th. With the coupon, buy one admission get one free.

Councilman Snyder said we received the third quarter response time report

from Yoe Ambulance.

Councilman Snyder said we received the year end report on outstanding

invoices from Yoe Borough Sewer Authority.

Unfinished Business

Councilman Snyder said we did receive the final draft for the Tri Borough

Comp Plan. I’m not sure what happens at this point. I looked over it, in

as much of the council recommendations with the meeting that Lindsay

Gerner, she summarized everything in an email on May 18th. I reviewed

the comp plan, all those changes were incorporated. A motion to accept

this to be able to go on to the next stage. To go back to York County

Planning and to schedule public meetings because all our changes

are incorporated. This updated plan is okay from our standpoint by

Councilman Howett. The motion was seconded by Councilwoman

Coble Tyson. All in favor.

New Business Page 22

Councilman Snyder said everyone take note for next month, Sandy has compiled

a meeting schedule for 2012 and bring any conflicts along. The secretary reminded

everyone its reorganization and the meeting is the first Monday or 1/2/12.

Payment of the Bills

A motion was made by Councilman Howett to pay the bills as presented. The motion

was seconded by Councilman Allar. All in favor.


A motion was made by Councilwoman Coble Tyson to adjourn the meeting at 10:11PM.

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