Minutes for June 4, 2013

The regular monthly meeting of Yoe Borough Council was held on June 4, 2013 at the Yoe Borough Municipal Building, 150 N. Maple Street, Yoe, PA. The meeting was called to order at 7:02 PM by President of Council Sam Snyder followed by the Pledge of Allegiance.

Council members in attendance:
Sam Snyder
Seth Noll
Tom Allar
Barry Myers
Regan Strausbaugh
Wendy Coble Tyson
George Howett (arriving at 7:10PM)

Others in attendance:
Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance Supervisor & Property Maintenance Inspector
John Sanford, Mayor
Steve Malesker, Engineer
Attorney Seth Springer, sitting in for Borough Solicitor Charles Rausch

Sandy Sterner, Secretary-Treasurer
Dana Shearer, Maintenance Supervisor & Property Maintenance Inspector
John Sanford, Mayor
Steve Malesker, Engineer
Attorney Seth Springer, sitting in for Borough Solicitor Charles Rausch

Visitors:
Chief Thomas Gross, York Area Regional Police Department
Jake Romig, Ecostruction LLC
Jeff Frederick, 320 Yoe Drive
Chad Finkenbinder, 330 Yoe Drive

Minutes
Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting, any additions or corrections? A motion was made by Councilman Allar to accept the minutes from May 7, 2013. The motion was seconded by Councilwoman Coble Tyson. All in favor. Councilman Snyder said the minutes are approved.

Solicitor’s Report
Attorney Springer said I did have a chance to reach out to some of the attorney specifically Andy Menchek regarding conservatorships. He has done quite a few conservatorships, this is in Butler County. And you know, I took a half hour to see what he has noticed. Plus or minuses of the conservatorship contracts versus condemnation. Some of the pluses he pointed out, the conservatorship is more tactical. You never have to worry about just compensation issues or taking title. Which have gone over in the past. He estimated three to five thousand dollars in costs. Again that is Butler County’s, just to give you a frame of reference. However he did look at a nine month timeframe from petition to sale of the property. The petition for conservatorship, you actually get sale of the property in nine months. Now if you are fixing the property, then a conservatorship would be fine but if you are tearing down the property and rebuild, then you are looking at a redevelopment. Which gets you out of the hands of the conservatorship. So, this is what rub is, you are not going to know if you need to tear it down, until you get in. So its tricky in that respect. Some of the negatives he pointed out, when the petition is granted then you get into the property to see the condition. As I just stated, you don’t know which route to go until you actually get in. So which comes first. The conservatorship will carve out for environmental issues so, that’s to say if there is environmental damage to the property. If you take the property subject to any environmental issues on there, contamination and then you have to mitigate it. Where the conservatorship has that carve out where you are not liable if you are not the title holder. So that’s helpful if you think there are in fact, environmental issues there. Councilman Allar asked you are talking of environmental issues, are you talking about asbestos, lead paint? Attorney Springer said it could be asbestos it could be lead paint. Oil contamination on the property or fecal contamination. Whatever contamination that DEP may come at you for. Under the conservatorship, you aren’t the title holder. So if you think that’s an issue, that is a consideration. I took this opportunity to contact, Joiann Galiano, with YCPC. When I spoke with her, she indicted that there are some community development block grant funds available to do this work. And Yoe Borough has applied for CDBG funding but not for this purpose. They are out there, and there is a three year cycle. Next cycle begins in January. If we want a grant request we want to have it in by January. There is however, a mid year request that are entertained in emergency situations. Which 230 may fall under. And I have got the application packet on line. Councilman Snyder said when you were talking to Joiann about conservatorship or condemnation? Councilman Allar said I also talked to her and you’re right, any costs such as securing the building, demolition, from my understanding, we could not apply to after we own the building. Can’t apply on a building that we don’t even own. Attorney Springer said if its an emergency, that may be the case. If it’s a three year cycle it would be to address this issue. It depends on how you write the grant really. To borrow one of Jake’s phrases, how you spend it. So, that could be the case however one of the things, the disposition of the funds depends on the end use. So that said, you don’t necessarily have to own the property if you can establish blight. Councilman Allar said this is what happened to Goldsboro, they received CDBG for half of million bucks. They had a plan. Title. Within the plan, whatever they were going to do with each individual property, that’s how they based their CDBG application. They knew the costs, because they owned the property. Could get estimates and so forth. And that’s what CDBG would want to look at, they to look that you thought through that, and you know what the costs are. They’re not going to be surprised. Attorney Springer said that’s right. Councilman Allar said I don’t know who we will do that without owning the property. Attorney Springer said if you go the conservatorship route, you never own the property anyway. Councilman Allar said right. I mean, in other words we would have to maintain. If we go conservatorship, we can go into the property. Attorney Springer said but I don’t think going the conservatorship route would deny you the opportunity of the CDBG funds. Councilman Allar said that’s good, because I didn’t consider that. Attorney Springer said she kept saying it comes back to the end use, in the end what do you plan on doing. Which I pointed the questions of Habitat of Humanity. I also floated that to Menchek. And that’s where it gets kind of sketchy because you don’t know really know because of their lead time, what they’re going to do. It may be a memorandum of understanding, would take care of that, or maybe it wouldn’t. We are in unchartered waters it depends how we present it in the petition. Councilman Allar said their schedule if we want to participate would start in January 2015, for Habitat, in that three year CDBG cycle. Attorney Springer said we have that three year cycle beginning with CDBG this January. Councilman Snyder said theoretically if we took it by eminent domain, we could use the CDBG to take it. Mr. Malesker said the next cycle would be awarded beginning in June 2014. Councilman Snyder said we would need to make application in the beginning of next year. We could say we are putting in a CDBG application for $40,000.00, we want to eminent domain, apply for tearing down and reclaiming property. Conservatorship, Habitat of York won’t be able to take us until 2015. We could conservatorship, the Habitat said they would need a sponsor. We could use it for grant application for a sponsorship. If the judge ends up not granting it, we are stuck for another three years. The judge didn’t grant it, we end up eminent domain it. Its just as cheap to eminent domain it, in the first place. Councilman Allar said you talked to Andy in Butler County, therefore, they are saying it would cost only $2500.00. Attorney Springer said I got 3 to 5. I haven’t talked to Joainn about whether you go condemnation or conservatorship. I got the expression it didn’t matter the means, its the end. So, you could put it to either conservatorship or condemnation. To fluctuate this end. You have to look at all properties that could be. Forward looking, current properties with issues, to develop the property. Your looking at a comprehensive plan something to address forward looking, if you just write something narrow for 230, what about if this situation pops up again, especially with an emergency grant. Councilman Allar said they did an individual property, they have seven CDBG grants. Maybe they changed their policy, it worked for Goldsboro, multiple times for multiple properties. Councilman Snyder said one I know for sure, even going with CDBG, even going conservatorship or eminent domain, we have a cost involved. To do a three year of four year plan, put together a grant for $150,000.00, we may have ten properties we have to do, the borough wouldn’t have the funds to conservatorship ten properties. My opinion would be go for the one right now and see how it works. Our funds are so limited. Councilman Noll asked does the CDBG have matching funds? Councilman Allar said no. Discussion continued. Councilman Noll made a motion to fill out the CDBG grant application for emergency funds and that if the property does not sell in September, we go for condemnation through CDBG and that the borough would be willing to contribute up to $5000.00 of borough funds to help offset condemnation and amend it in demolition of the house. Councilman Allar said one other thing with condemnation, ahead of the tax claim status, when there is an official condemnation and ask them to give him a copy, they will have a file. If someone does in fact buy it, they know ahead of time that there is going to be a lot of costs involved. Also York City has a big red signed for a condemned property, to stick on the property. Everyone knows its condemned. It has to be in due process. Remember to if he declares bankruptcy that freezes eminent domain. You can go and challenge. There’s another legal step. Attorney Springer said its just a step, the stay expires after a period of time. You can petition to have stay lifted on a property. Bankruptcy court is its own beast. Councilman Allar said I had asked one of the lawyers and they said conservatorship has priority. Attorney Springer said bankruptcy is federal. They operate, separate. And for the motion, to mitigate a blighted property.Leave it up to Mr. Malesker best judgement, for the best amount. Attorney Springer asked would we run into any historic preservation issues? Councilman Snyder said when we do our zoning ordinance, we will have a historic overlay, but we have nothing now. Discussion continued. Councilman Allar said my understanding we can not ask for reimbursement of legal fees or actual purchase through CDBG? Attorney Springer said no, it has to be forward monies. Monies that are already spent. It was my understanding that legal fees for eminent domain process, do count. That was my understanding. Discussion continued. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Councilman Allar said one thing from last month, Barry you mentioned once we own it, we pay taxes on it. You mentioned that some that the county owned, you did not. Councilman Myers said no, that we did. We did pay taxes but we rented it out. Councilman Allar said the line is drawn if we take over a property, and we have a government function on that property, we can be tax exempt. If we don’t have a government function on there, we pay taxes. Run around $3,000.00 a year minus $300.00 to Yoe Borough. If its torn down, we can ask for a reassessment.

Councilman Noll made a motion to sign a contract between the Borough of Yoe and the County of York for the CDBG grant for the zoning ordinance. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried.

A motion to resolve Resolution 2013-04, to adopt the York County Hazardous Mitigation Plan by Councilman Myers. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said so be it resolved.

Councilman Snyder said the pending ordinance, 2013-02. Any questions, deletions or additions? A motion for the solicitor to advertise 2013-02 to advertise for next month’s meeting. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said so be it. I’ll provide a clean copy.

Councilman Snyder said we were informed by our code officer, on the Geeting property, they actually started mowing, themselves. That being said, they were moving in some wallboard, they are in there doing something. Maybe attempting to sell. Since the borough did incur expense of $1750.00 for trash removal along with $175.00 ten percent comes to $1925.00. A motion was Councilman Allar for the solicitor to file a lien in the appropriate amount, add legal fees in if you can and court costs. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said I can give you a forewarning, I’m assuming council is going approve the engineer or someone to do traffic studies on weight restriction on streets. The streets have been by ordinance, posted and declared weight restricted. We are backing it up with a traffic study. Unless you feel the necessary to rewrite the ordinance. Turns out with Dana’s contact at LTAP, posting and signage and ordinances prior to 1977, do not require a traffic study. Dana during his research found four streets that weight restricted in the 90’s, so they do need a traffic study and did not have one. We are going to discuss that during the meeting. What that does to the validity of the ordinance? Attorney Springer said I will have to ask Charlie about that one. I’ll find out for you.

Attorney Springer said I did have a chance to reach out to some of the attorney specifically Andy Menchek regarding conservatorships. He has done quite a few conservatorships, this is in Butler County. And you know, I took a half hour to see what he has noticed. Plus or minuses of the conservatorship contracts versus condemnation. Some of the pluses he pointed out, the conservatorship is more tactical. You never have to worry about just compensation issues or taking title. Which have gone over in the past. He estimated three to five thousand dollars in costs. Again that is Butler County’s, just to give you a frame of reference. However he did look at a nine month timeframe from petition to sale of the property. The petition for conservatorship, you actually get sale of the property in nine months. Now if you are fixing the property, then a conservatorship would be fine but if you are tearing down the property and rebuild, then you are looking at a redevelopment. Which gets you out of the hands of the conservatorship. So, this is what rub is, you are not going to know if you need to tear it down, until you get in. So its tricky in that respect. Some of the negatives he pointed out, when the petition is granted then you get into the property to see the condition. As I just stated, you don’t know which route to go until you actually get in. So which comes first. The conservatorship will carve out for environmental issues so, that’s to say if there is environmental damage to the property. If you take the property subject to any environmental issues on there, contamination and then you have to mitigate it. Where the conservatorship has that carve out where you are not liable if you are not the title holder. So that’s helpful if you think there are in fact, environmental issues there. Councilman Allar asked you are talking of environmental issues, are you talking about asbestos, lead paint? Attorney Springer said it could be asbestos it could be lead paint. Oil contamination on the property or fecal contamination. Whatever contamination that DEP may come at you for. Under the conservatorship, you aren’t the title holder. So if you think that’s an issue, that is a consideration. I took this opportunity to contact, Joiann Galiano, with YCPC. When I spoke with her, she indicted that there are some community development block grant funds available to do this work. And Yoe Borough has applied for CDBG funding but not for this purpose. They are out there, and there is a three year cycle. Next cycle begins in January. If we want a grant request we want to have it in by January. There is however, a mid year request that are entertained in emergency situations. Which 230 may fall under. And I have got the application packet on line. Councilman Snyder said when you were talking to Joiann about conservatorship or condemnation? Councilman Allar said I also talked to her and you’re right, any costs such as securing the building, demolition, from my understanding, we could not apply to after we own the building. Can’t apply on a building that we don’t even own. Attorney Springer said if its an emergency, that may be the case. If it’s a three year cycle it would be to address this issue. It depends on how you write the grant really. To borrow one of Jake’s phrases, how you spend it. So, that could be the case however one of the things, the disposition of the funds depends on the end use. So that said, you don’t necessarily have to own the property if you can establish blight. Councilman Allar said this is what happened to Goldsboro, they received CDBG for half of million bucks. They had a plan. Title. Within the plan, whatever they were going to do with each individual property, that’s how they based their CDBG application. They knew the costs, because they owned the property. Could get estimates and so forth. And that’s what CDBG would want to look at, they to look that you thought through that, and you know what the costs are. They’re not going to be surprised. Attorney Springer said that’s right. Councilman Allar said I don’t know who we will do that without owning the property. Attorney Springer said if you go the conservatorship route, you never own the property anyway. Councilman Allar said right. I mean, in other words we would have to maintain. If we go conservatorship, we can go into the property. Attorney Springer said but I don’t think going the conservatorship route would deny you the opportunity of the CDBG funds. Councilman Allar said that’s good, because I didn’t consider that. Attorney Springer said she kept saying it comes back to the end use, in the end what do you plan on doing. Which I pointed the questions of Habitat of Humanity. I also floated that to Menchek. And that’s where it gets kind of sketchy because you don’t know really know because of their lead time, what they’re going to do. It may be a memorandum of understanding, would take care of that, or maybe it wouldn’t. We are in unchartered waters it depends how we present it in the petition. Councilman Allar said their schedule if we want to participate would start in January 2015, for Habitat, in that three year CDBG cycle. Attorney Springer said we have that three year cycle beginning with CDBG this January. Councilman Snyder said theoretically if we took it by eminent domain, we could use the CDBG to take it. Mr. Malesker said the next cycle would be awarded beginning in June 2014. Councilman Snyder said we would need to make application in the beginning of next year. We could say we are putting in a CDBG application for $40,000.00, we want to eminent domain, apply for tearing down and reclaiming property. Conservatorship, Habitat of York won’t be able to take us until 2015. We could conservatorship, the Habitat said they would need a sponsor. We could use it for grant application for a sponsorship. If the judge ends up not granting it, we are stuck for another three years. The judge didn’t grant it, we end up eminent domain it. Its just as cheap to eminent domain it, in the first place. Councilman Allar said you talked to Andy in Butler County, therefore, they are saying it would cost only $2500.00. Attorney Springer said I got 3 to 5. I haven’t talked to Joainn about whether you go condemnation or conservatorship. I got the expression it didn’t matter the means, its the end. So, you could put it to either conservatorship or condemnation. To fluctuate this end. You have to look at all properties that could be. Forward looking, current properties with issues, to develop the property. Your looking at a comprehensive plan something to address forward looking, if you just write something narrow for 230, what about if this situation pops up again, especially with an emergency grant. Councilman Allar said they did an individual property, they have seven CDBG grants. Maybe they changed their policy, it worked for Goldsboro, multiple times for multiple properties. Councilman Snyder said one I know for sure, even going with CDBG, even going conservatorship or eminent domain, we have a cost involved. To do a three year of four year plan, put together a grant for $150,000.00, we may have ten properties we have to do, the borough wouldn’t have the funds to conservatorship ten properties. My opinion would be go for the one right now and see how it works. Our funds are so limited. Councilman Noll asked does the CDBG have matching funds? Councilman Allar said no. Discussion continued. Councilman Noll made a motion to fill out the CDBG grant application for emergency funds and that if the property does not sell in September, we go for condemnation through CDBG and that the borough would be willing to contribute up to $5000.00 of borough funds to help offset condemnation and amend it in demolition of the house. Councilman Allar said one other thing with condemnation, ahead of the tax claim status, when there is an official condemnation and ask them to give him a copy, they will have a file. If someone does in fact buy it, they know ahead of time that there is going to be a lot of costs involved. Also York City has a big red signed for a condemned property, to stick on the property. Everyone knows its condemned. It has to be in due process. Remember to if he declares bankruptcy that freezes eminent domain. You can go and challenge. There’s another legal step. Attorney Springer said its just a step, the stay expires after a period of time. You can petition to have stay lifted on a property. Bankruptcy court is its own beast. Councilman Allar said I had asked one of the lawyers and they said conservatorship has priority. Attorney Springer said bankruptcy is federal. They operate, separate. And for the motion, to mitigate a blighted property.Leave it up to Mr. Malesker best judgement, for the best amount. Attorney Springer asked would we run into any historic preservation issues? Councilman Snyder said when we do our zoning ordinance, we will have a historic overlay, but we have nothing now. Discussion continued. Councilman Allar said my understanding we can not ask for reimbursement of legal fees or actual purchase through CDBG? Attorney Springer said no, it has to be forward monies. Monies that are already spent. It was my understanding that legal fees for eminent domain process, do count. That was my understanding. Discussion continued. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Visitors
Councilman Snyder said first on the agenda, Chief Gross. Chief Gross said I have a couple things here to pass on to the council. First the one, a new photograph. I’d like to present this to the President of Council. This is the department currently, although we’ve had one new retiree since, Officer Stubbs recently retired. Other than that this is current I asked you to feel free to display it as you wish. Replace the old. This one has names on it. That’s for the borough. The other thing I wanted to go over is, the copies of the annual report. I am not going to read the whole thing, this report is 25 pages. The activities for 2012, we had a busy year. A year where our overall number of police officers declined for a first year as a significant number as it did, so we were definitely operating with less personnel. Our yearly activity if you look at page 5, this is the overall regional department. We have had a slight decrease in Part 1 Crimes, the more serious crimes, burglary, robbery, assault. We had a slight increase in the Part II Crimes which are vandalism, fraud, DUI, drug offenses. We did have and again I don’t know, if any of these were in the borough. We did have one murder investigations, we had seven deaths by drug overdose in this area. Mostly by heroin or heroin substitutes, oxycotin, fentinal. We had seventeen suicide investigations. So each one of these The homicide, the 17 suicides, the 7 deaths, that is 25. We treat them all as a potential criminal investigation. A very high number for us in 2012. This suicide increase, not only in our area, its pretty much increased in quite a few areas. We a, and again we had several retirements. The rest of the report goes over our personnel. We did have Lt. Redifer our long time operations lieutenant retired in 2012. One other things, I invite you to look at all the programs we have. We did upgrade our fleet in 2012, newer model police car which we show on page 13 and of course we have our 2 motorcycles out on patrol. And the other thing that I think is interesting, if you look at page 19, we never did this in our annual report before. We listed all the subjects that we sent officers for training in 2012. I think its kind of a interesting list. We have our awards listed. This first time we had three officers receive the Medal of Distinction. The highest medal for our police department. We also had one life saving award. If you look at page 23, that breaks down the activity for the borough particular. You have a slight increase in Part I and Part II. Part I you are up by one, Part II has increased by four. The accidents reduce, the total 911 calls reduced. The traffic citations and arrests, you can see the comparison over the five year period. In addition to that report I do have a detailed report of the crimes in the borough. If you look at that, that shows each of the municipalities and the number of crimes in each municipality. So you can see the borough in the one column. No murders, rapes, robberies or assaults. We had four other assaults, those are the harassment type basis. We have four burglaries, and I think we’ve at least two arrests. Six death investigations, one car theft. One fraud case, 11 vandalism, one sex crime investigation, no drug cases. 6 DUI’s, two liquor violations. That gives you the breakdown. You can look at the five year history. I’d like you to look at that, any questions to mind, certainly be happy to try to answer those. This is also on our website, www.yapd.org We are upgrading our website, that is an opportunity to view, we post our minutes, budget. We are upgrading the website to make it a little bit easier to use. The only I’d ask at the website, there’s a button you can click on to sign up for police notifications. It’s a program called Nexil. If you sign up for that, through your smart phone, whatever we have, like a road closing or serious incident that we notify the public about. We had two, two weeks ago, to get out the public. Like I said a road close, storm damage and so forth. We shoot a message out on there, and goes to your smart phone. We encourage to take that opportunity as well. Happy to answer any questions, just wanted to give out that information. Mayor Sanford said I’d like to commend the department especially Lt. Zech and Officer McGhee, on the over weight incident a couple of weeks ago. Very prompt action. The driver was cited. Everyone continued on that effort on Walnut and Elm. We also we want to continue with foot patrol and bike patrol now that the weather is breaking, in what we call the downtown area, Philadelphia, Broad. Chief Gross said we don’t have the grant money that we had last year that we had for this. But we will definitely see what we can do on those lines. Councilman Snyder asked anyone else have questions? Chief Gross said thank you. Question or thoughts, let us know. Councilman Snyder said thank you for a job well done.

Councilman Snyder said next under visitors, Mr. Romig. Mr. Romig said was invited to talk about a couple different things. The first I’ll start talking about the Wetland Mitigation Project at Mill Creek Preserve and status of that. They are complete now, they’ve done the final seeding and planting of the wetlands. And ¾ of the project is already complete. They just have the as builts to do and stream mitigation. There should be a final walk through before June 30th, when the grant is closed out. So, I don’t have a date for that yet. I will let everyone know. We will be getting the final set of plans, not as builts, the final set to be included with the permit application. Any day now, I’ll drop a copy off for the borough. That will allow you guys to know what we planted in the wetlands. What I have been told, its been built exactly as to the plans, .76 acres of wetlands. Councilman Noll said there is concern on our part, that with the delay, additional charges for mobilization, do you know that is happening? Mr. Romig said I don’t but the wetlands, the way it was explained to the contractor, at the meeting, if there is a delay or whatever on it, I can’t imagine watching the project the entire, I can’t imagine, they never demobilized at the wetlands and came back, we would certainly catch them on that. I have been there the whole time. There were some issues with the progress reports, Jineen Boyle has everything and I have some paper copies for the borough files. There were some technical difficulties, I work on a MAC operating system. Jineen has everything she needs, the only left is the final report. She’ll be contacting Sandy to go over that. I suspect that after the final walkthrough, they’ll come back here to have the final paperwork submitted. Councilman Allar said you had an email issues with Jineen Boyle. Romig said yes. Councilman Allar said you said there was computer glitch. Mr. Romig said there were two separate issues, the other day I stopped with a disc, a lot of files on it. There was an issue with compatibility with the MAC, and the files didn’t show up. Email issues, I don’t know what happened with that, Jineen has been getting everything recently. On this project and several projects. My correspondence with Jineen. Councilman Allar said so in the future if there is any reports, you are going to hand deliver them here. Mr. Romig said the next report should come from the borough. Except for the final report and some other paperwork closing out contracts. Councilman Allar said if there is to be another project, whatever, since there is computer compatibility problems, you will deliver a hard copy. Mr. Romig said yes. I have some solution to that. Attorney Springer said I was told by Mr. Danko, to aspect an inspection. Mr. Romig said that’s the grant side of things. Now talking about the non compliance with the Army Corps of Engineers side of things. I did talk to Mike Danko today. Technically we are not going to close this out for another five years. As per the April 11th from the Corps, there is monitoring that is required. They are requiring once a year for five years after the project is closed out. Until that process is over and is successful. What that means is, as you go along, things are not successful with the monitoring. Then we have to go and make sure its successful and coordinate it with the monitoring. If you are not successful with the monitoring, then there is follow up, solutions have to be developed on how to get this thing successful. So presumably, things are going to work out very well the way its designed, and already built, I think you will be successful. And close out, five years from now, with the monitoring. Monitoring happens once a year, its qualitative monitoring. Which is good. Some projects requires twice a year for the first three, then qualitative the next two. Monitoring has to happen during the growing season, the report is due December 31st, final report is December 31, 2018. Councilman Noll said we don’t have to do anything this year. Mr. Romig said the as built satisfies. That is way I determine it. My responsibility is coming to an end. I was wearing the hat of the foundation support, which actually ended a couple years ago. In so respect. Its not part of my job description with them anymore, this level of service. It may come to a complete end after next year. Pretty much that I’ve been doing. They operated on a five year cycle. I don’t know if I’m going to be around to support additional projects like that. Some other opportunities coming up for you, some grants that we can talk about. But this kind of phasing out. Councilman Noll asked but you can still be hired as a consultant? Mr. Romig said sure, yeah. But there are some other opportunities that I would like to discuss with you, replaces what I mentioned here. I was asked to provide a draft scope for the monitoring sessions. Tell Mike you received something, and he knows you are set up to do that. You can hire whomever, you can look at it. You can pass that to Sam. As far as the other opportunities coming up, there is three grants opportunities right now, that might be appealing to you. The first one, very short deadline, the reason I hadn’t brought it up to Steve or anyone yet, I am not sure how successful it will be. It’s the National Fish and Wildlife. Councilman Allar said we tried that one before, right? Mr. Romig said we tried last year, it wasn’t successful. Its been a long time since anybody from York County got anything from National Fish and Wildlife. We have a better shot this year, because I’m now listed as technical service provider with them. There are two other ones, Act 13 funded, is Marcellus Shale. Its a lot more vague, some better opportunities for watershed protection, storm water and stuff like that. The deadline on that is August 30th, so there is plenty of time for that. And then Growing Greener. Closing out here, and I think the project has been successful. Maybe get another shot at the additional monies. There are couple of things that Steve and I have talked about, and Tom, some other opportunities for the borough. Storm water is a hot topic right now, you have some storm water issues, additional funding to help you. Councilman Allar asked when the grants are going to be due? Mr. Romig said the first one is coming up this Friday. We already applied and several different projects, have the descriptions, it wouldn’t take me long to put something together. Councilman Allar asked and what’s the scope? Mr. Romig said anything, it basically means that improving the water quality helps the bay. So anything that is going to improve water quality, storm water, stream bank stabilization, that kind of stuff. Infiltration, all the green structure stuff. The reason I haven’t been overly beside myself with deadline, no one in York County has gotten this one. Maybe we will, I don’t know. Act 13 funding has a watershed-storage shed part of the funding. I don’t know how many people locally are applying for that. Councilman Allar said you would be doing the application for free? Mr. Romig said correct, certainly through December 31, all these grants will be for that so. Councilman Allar said when we were at the basin, you said you are working with the township on? Mr. Romig said York Township has a project to improve the alignment of Camp Betty Washington Road towards where it goes up by Springwood. Right where the pond is. As part of that project they need to do a post construction storm water management. Its not working from the site, and they are having trouble getting all the approvals. The agency that they need to get the approval from, agree its very difficult, hard to get storm water to work on that site. So I mentioned, what about doing it off site. Upstream of the basins, where the Reidel property was. Short section there. Another site where the storm water goes into Mill Creek. I’m pushing hard for an offset to give money to do these improvements in Yoe, to offset the wetlands. I don’t know what are chances are, it would be the first in the state to do a storm water offset. The model, if that is appealing in some aspects. The subject of offsetting, might have a prospective, as it goes through the chain of command in DEP. It would benefit Yoe and some other things. Councilman Allar asked what is the deadline of Growing Greener? Mr. Romig said July 1st. Mr. Malesker said you have an open grant, you can’t apply for another one until that one is closed. You have this one opened. Mr. Romig said we have to coordinate with Jineen, she is our coordinator for the grant system there. If you have something in mind, you have to take it to her anyway. And then she’ll know that we are pretty close to closeout, she knows we are trying to schedule our final closeout, she has already been down to the site. She knows that were are pretty much done. Mr. Malesker said some of the park project was with Growing Green money also. That is another example of Yoe Borough using that money wisely and with the grant. Mr. Romig said I think the basin, I know its not all set up but that’s a plan. Growing Greener too. The other opportunity isn’t necessarily a grant that the borough is going to get money. It is related to me being a technical support advisor for National Fish and Wildlife. We can apply to receive up to $40,000.00 of technical assistance from anyone that is one their provider list. To do a whole range of things. If we want to design something, we want to do some planning or something. Provide for something as far as technical assistance. If you get assistance that is a technical assistance provider. If it weren’t already doing the designplans for Mill Creek, it would probably assist with that. Another thing is social marketing, something with rain barrel or rain guards something like that. Something like for the public. That deadline is August 1st. Its cyclical, every six months. Mr. Malesker asked does the borough have to have a specific project in mind when they make that application or a general application. Mr. Romig said you have to have a specific, you need to ask for something specific. You want to have a green structure plan for Yoe Borough. Storm water under the stream restoration process,information process. I’ll send you all the plans for that. Councilman Noll asked do you think to get an evaluation of what the plans are for the gabions, is that worth it? Mr. Romig said anything that’s, their big thing is improving water quality. Anything for water quality, if its storm water , public safety. Its all about capturing that. Councilman Allar said if we get the $40,000.00 is their time limit when we have to spend it? Mr. Romig said I think they want it completed by June 2014. Councilman Allar asked does technical assistance include grant writing, researching any types of grants. Mr. Romig said it could. Councilman Myers said they need to approve that for the project they want to fund, its not an automatic. Councilman Noll asked how do we go about doing if we decide to go with one of these? Technical assistance, if its something we want to check into. Mr. Romig said there is no fee or match from the borough. Councilman Snyder said identify a project then submission. Mr. Malesker said it doesn’t cover any construction, you could design it and get it ready for construction, basically. Mr. Romig said from I understand again, the program is just announced. Details are forthcoming, to let the world know, we have this money in this fund and technical assistance. Scrambling to get all the details.Mr. Shearer said we may have several projects that qualify, stream restoration up stream and storm water plan. Mr. Romig said you need public awareness for MS 4 right? Mr. Shearer said we get credit for that in 2014. Councilman Myers asked when is our next report for MS 4? Mr. Malesker said it runs from March to March. We submitted it today this covered your last cycle. You have your new five year MS 4 permit. So your new five year permit has been issued. You report March to March. Mr. Romig said I can send the information on the program and coordinate with Steve on what you need. Get the details, that would be a good one. Councilman Noll asked any other grants that we should be going after? Councilman Allar said the Growing Greener, is due July 1st. We don’t even have a meeting before July 1st. We need quality projects. Councilman Snyder said I don’t see us closing out our current Growing Greener project by July 1st, we have to get the paperwork to meet with Jineen Boyle or York Township. Councilman Allar said it depends when we get the bills, etc. Councilman Snyder said they aren’t going to issue that until we close out. Mr. Romig said I don’t think you have to have it definitely closed out by July 1st to be able to apply. They are understood that its going to be closed out. Councilman Allar said you can’t have two of them running at the same time. You can’t wait six months until you get approval. Councilman Noll asked you have Growing Greener, whats the other one,Marcellus Shale, Act 13. I think if you put the stuff together for the technical assistance, the things we want to do. Councilman Snyder said for Growing Greener, while we have a project up there, the problem with that is matching funds, we couldn’t pull matching funds for. Councilman Noll said we could go after portions of that. Mr. Malesker said none of these grants are for. like hard piping. Its going to be like more open channel flow stuff. Not stuff for your equipment, maintenance type. Mr. Romig said we tried this a couple of years ago. I think it was related to this. We tried to pick out your inlets, and a couple replacement of pipe, some infiltration. Innovative. If we could make something innovative, they might go for that. But just replacing pipe, they aren’t going for that. You have to improve water quality. Mr. Malesker said the sediment traps and the specially designed inlet. It would require more maintenance. We don’t have the physical space to do all those types of things. Councilman Allar said the Shale grant and CDBG which is coming up again in February, that be used as a match. Mr. Malesker said when you apply for the grant, you pretty much have to have the match in hand right? Mr. Romig said I don’t know, through the Water Shed Alliance, I’m on the board and we four Growing Greener projects right now on the books. But as far as changing the rules. In some of those, we only have pledged the contribution, we didn’t actually have it in hand. We were still successful. Mr. Malesker said in the event you get the Growing Greener grant, you don’t get another grant to get your match, you’re basically on the hook. Mr. Romig said you are on the hook, get another grant or. Councilman Allar asked you can’t turn it down? Mr. Romig said yeah, you can turn it down. Mr. Malesker asked that doesn’t hurt your changes for next time? Councilman Allar said I think they’ll understand, we can’t afford the match. Not that the application is not necessary or technically sound. Mr. Romig said I think at one point in time, they probably frowned upon people not receiving money. Now they are scrambling are underfunded, shifting money to another project. Councilman Noll asked that Marcellus shale money, is that an out and out grant or is there match? Mr. Malesker said I think there is some match. Councilman Myers asked is that the one that goes through the commissioners? Mr. Romig, said no, that’s separate. The state stream grants going through the bureau. Commonwealth is financing, it has nothing to do with anything environmental. Councilman Noll said I think we should go after the technical assistance and Marcellus Shale, additional Growing Greener is worth it. Mr. Romig said it doesn’t hurt to ask Jineen, pose the question, see what she responds. Councilman Noll made a motion that we work with Mr. Romig to put together a technical assistance grant application as well as the Growing Greener and Marcellus Shale money as he has defined and work with Steve and to give authority to the President or Vice President of Council to sign the application/applications. The motion was seconded by Councilman Allar. All in favor. Councilman Snyder said motion carried.

Councilman Snyder said we had one question on the contract agreement presented for the wetland monitoring. Showed the Solicitor here the contract. Question on wetland monitoring versus maintenance agreement. Attorney Springer said one question, in paragraph 2, where it speaks contract of the scope of services, it says the wetland monitoring once annually for a period of five years. The report preparation and submission to the listed authority,Yoe Borough. As far as the wetland monitoring, does that include remediation, if anything needs done.Mr. Romig said no. Attorney Springer said that’s the one thing that we really need to hop on is maintenance. Just in case something needs to be done, before we are looking at that, something in place. If anything were to come, then have some sort of defense. If Mike or Jineen, if they come back, and say we got this report and it says x, y and z was done. We have a maintenance agreement with so and so, we need to repair it. Mr. Romig said I left it out intentionally because I am not sure how to cover what ifs in the future. If you have suggestions on how to do that, that’s fine but, its kind of an unknown. You could find out that ½ the plants die. Is it your responsibility or is it the contractors responsibility? Attorney Springer said ultimately it falls on us. Mr. Malesker said there should be a performance bond. Mr. Romig said and there is. I didn’t know how to tackle that in that proposal so I left it out. There are too many unknowns, how do you tackle that. What if there is 10 % loss, what if its 50% loss? Councilman Noll said I think at that point, we’ll know from the report what needs to be done. It would be our fiduciary responsibility to get multiple bidders to look at it. Attorney Springer asked do they expect remediation in any certain period of time? Or is any need for remediation frowned upon? Is it one of those things DEP expects to keep that up. Councilman Noll said they expect us to do the remediation, the problem is until what we know what that is, I know no contractor, unless you want to pay a limited amount of money, will guarantee to do that. Too many unknowns from the contractors standpoint. Attorney Springer asked I wonder how DEP is going to look at though? Councilman Noll said the report will go in, and then I would assume, within so long, we would have to refile the report within 90 days. Mr. Malesker said your as builts, every time you do your monitoring you are comparing it to the as builts. Your as builts is your baseline. Mr. Romig said its going to be a little tricky with this one, because they planted seed. They didn’t plant 5,000 of some species that can be counted. They planted seed. Based on aerial coverage, how much is growing. Councilman Snyder said so you are saying, after you were to submit one of these reports, we expect to hear back this is what we want you to do, this is unsatisfactory. Mr. Romig said basically the report should say, we are at this success rate. If its deficient then in the report the best thing to do is already cover what you are going to do about. Councilman Myers said I actually had that happen and the contractor told what had to be at least taken care of. He sent his report to DEP. I started the process of taking care of the issue that DEP would have had, I get a letter in the mail that I had to correct. All they did was cut and paste, copy everything the inspector did on my notice saying that I have ninety days to take care of it. I took care of it and I wrote a letter back stating what we did and had approval, go ahead and do it. Councilman Noll said as long as you are in the process, that is the big thing. Do your reports on time, get the correspondence back as you are directed. That doesn’t bother me. Councilman Allar said another thing Seth, they aren’t going to wait twelve months, he’s going to be out there looking from time to time. And if he sees something, before it gets to be a major problem, you are going to be letting us know right? Mr. Romig said yes. If he needs to get a review or invite something from DEP and go do it, with plants it seems better, sooner than later. Its not just based on that once a year inspection, most likely its going to be something in between, until we can get to it. It’s the formal accountability. Mr. Romig said in the April 11th letter, Section 5, it covers performance and it says permittee shall insure the impact of 85% survival rate, 100% of the mitigation area have at least 85 % coverage rate. Basically at the end of the process, at the end of the five years, you want to 85% success rate of coverage in the wetland with plants. Even at the end of the first year, you’ve got 50% survival. That doesn’t necessarily mean going out and start planting, plants. The stuff is a herbaceous mix, a lot of seed and stuff like that, a lot of seed base already there, before you planted anything. So, before anyone hollers, its only going to be suitable for wetland plants. So even if I go out the first year, and say its only 30%, well wait until next year, until it can develop. Don’t alarm yourselves, if its not perfect right off the bat. As long as you make progress. Councilman Snyder said the only other issue that I would have is the Army Corps thing. You have down here that you are scheduling, once annually for a period of five years. We’ve already alluded in this conversation earlier, that you inspect them to accept the as builts for this year. Do we know if the five years starts next year? Or the as builts is year number one and then, you have down here that this contract only goes to 2018. If they consider the as builts for this year, then five years of monitoring is going to take us to 2019. I can see them pushing that. Mr. Romig said I can see them saying, the as builts are the as builts. Not the first year monitoring, the first year monitoring happens one year after, the as builts. Mr. Malesker said 14 through 18 is still five years of reports. 14, 15, 16, 17, 18, that’s still five years. Councilman Snyder said starting in 14. Mr. Romig said that’s assuming that the first year is not acceptable as of the monitoring. In my experience its not, its just the as built, its not growing yet. The as built is showing what we planted and how we graded, its not a monitoring report. Monitoring comes the first year after. I can confirm that with Mike. Start it now or one year from now. Mr. Malesker asked do you know if projects like this are available for FEMA funding, say we get another hurricane, and it wipes everything out. Mr. Romig said we did it at Nixon and that was originally funded by Growing Greener a number of years ago. Councilman Myers said the only time it gets touchy is we didn’t have any FEMA issues at the retention basins, right? Mr. Malesker said the dredging. Councilman Myers said the dredging. Sometimes they’ll only want to do it, one time. How they keep track of that, I have no clue. Mayor Sanford said they didn’t mention that to me at our last submission. Councilman Myers said they may not mention it to you but I’m tell you, I know. I’ve been there with black Suburbans coming up to your place. Mr. Malesker said it would probably be a good idea that once vegetation starts coming in, to take some pictures. You’ll have pictures, instead of waiting a year for the monitoring report, in case something happens, document it.It would easier. Councilman Myers said that one of the biggest thing I had problems with, at Centerville, you sure it was that way before? So but. Mr. Malesker said pre-existing conditions. Councilman Myers said I had to prove that. Mr. Malesker said it can be a little tricky. Councilman Myers said yeah. Mr. Shearer asked do you want me to take those pictures or do you want Jake. Councilman Myers said it doesn’t matter who takes them, its who has them. Probably best thing to do, is have Sandy make another FEMA File and stick them in that FEMA file. Then you can pull things out. Mr. Malesker said I was going to bring it up during the engineer’s report but C. S. Davidson is sponsoring the Dallastown Carnival this year, with that we get a booth and so I thought it would present the opportunity to provide some, get Yoe Borough some MS 4 education credits by having, we can invite the Conservation District, do a rain barrel type thing. Is that something you would be willing to set up? Mr. Romig said yeah. We can get Dallastown, Yoe and maybe Red Lion. At least, it could be, might not know about a technical assistance grant or whatever. Still we could do rain barrels, with WAY there, the Conservation District there and then we would need some manpower from the Yoe Borough Council to say we were there to help and support MS 4. I can contact you about that. It’s the second week in August. Councilman Myers said there is another class at the end of June for MS4. All day class. I believe its at the 911 center. I can forward that. Councilman Allar said Jake, one other project you are working on is Mill Creek Watershed. Maybe you can explain how Yoe Borough, a much bigger project, how Yoe Borough can get a retro fit in the basin. Mr. Romig said through my work at the foundation at the end of this year, we are developing a plan for the Mill Creek Watershed. It’s the first plan of this kind, especially in York County, but also Yoe Borough being part of the watershed. If you have the opportunity, you can goggle or go to Lancaster City, a really robust plan, model for a green structure plan for the development. The green structure is basically piped in, the water is your responsibility and how you use green structure. Its a lot cheaper, how to get the water back into the ground. Lancaster did a basketball court made of course pavement. The Mayor of Lancaster is really happy about the project. The water goes right through. Its opportunistic. So when in the grant review, something with aging infrastructure, you apply the principles of green infrastructure. As opposed to looking at what is in the plan, oh my God we are looking at a couple million dollars. In Lancaster’s case they were looking at a 3 million dollar upgrade of their water treatment plant. It was going to cost them three million dollars to combine over flow. So basically when it rain hard enough, the sewer plant had a bad system. An alternative to that is to take all the water and storm water to the treatment plan. So they are looking at this humongous storage facility to store this combined sewer and then when the storm receded and they had capacity, treat the water in the system, that was 3 million dollars. That’s what they said was well, how do we keep all this storm water from the system in the first place. Eliminate all the storm water from getting to the treatment plant in the first place, it was $140,000. So all their projects, that porous basketball court, it has a purpose. What we have to do is find a better way to do it. Councilman Allar said part of the larger part of it, is some kind of re engineering in the basin, to make it self cleaning, would reduce maintenance and reduce our cost. If we can do that. You are writing yourself out of a job. Less maintenance and less cost. Mr. Romig said that’s the whole point anyway. It could be that aspect of that, looking at how the basin could be redesigned. Not only finding a project, then identifying how to fund it. We have draft, that we are working with right now. I hope to have a more acceptable for public eyes, by the end of June, hopefully. End of the year, will have public meeting for public comment. Councilman Myers said there is a noreaster storm slated for Friday with potential of 2 to 3 inches of rain. A motion was made by Councilman Allar to accept the contract agreement for wetland monitoring with Ecostruction LLC, summation for the rest of council, it’s a lump amount of $3500.00 annually at the submission of each annual report of $700.00, the monitoring will occur during the growing season, the report will be submitted by December 31 of each calendar year through 2018. The motion was seconded by Councilman Myers. All in favor. Councilman Snyder said motion carried. Mr. Romig asked anyone else have any more questions. Thank you. Councilman Allar asked for a copy of the contract. Attorney Springer said I’d something I place, that if work needs done, who is going to do it. You know who is going to pay for it, whose going to do it. You aren’t going to know until we get the reports. It was good suggestion to get pictures, we are in the growing season within the four months, we can show the progress. We will address the mitigation issues as they come.

Jeff Frederick of 320 Yoe Drive, I just had some questions. One of them is Yoe Drive, road. I have been there six years, I wonder if there is any progress on improvement on the road, making our driveways easier or the potholes on the road. Councilman Noll said we’ve talked to York Township within the last six years about paving. They were ready to pave it, then they held off. Several years it was budgetary issues, we were holding some money. It looks like they are going to forego it again this year. A lot of work that needs to be done and also there is a housing development that is going through York Township. So there will be a lot of trucks going on the road, so it wouldn’t be advantageous to fix the road at this time. So really comes down to York Township. The problem is we can’t pave just our portion of the road because the borough line runs right through the center. The road needs to be crowned up. Talk about driveway issues, if you do it right on one side, have a chasm on the other. Unfortunately we are at the mercy of York Township. We have contacted them for at least four if not five years. Mr. Frederick asked is there any word on when the development is going to be done though? Eminent, four or five years down the road? Councilman Noll said the land development is being prepared for it but as you well know just because something is approved, doesn’t mean its going to happen in a finite period of time so. Mr. Frederick said the other question is on the ballfield. I notice they cut some trees down. They left all the jagged stumps, poison ivy up there. In the ballpark area and around the road. When they clean it up, they threw over the fence. Some are jagged. Kids play up there. There is pole sticking up there. What is the status on that? Mr. Shearer said as far as the stumps, when I get time to get the stump grinder from Red Lion, take care all of them. Clean up the mess. Try to reclaim where we cleaned out all those trees. As far as the fence, Cougars were going to try to do some repair work to that. Need to see where they are. Some of the brush, the brush that they were suppose to leave for me to chip up, did throw unto Connie’s side of the fence. What we eventually want to do, the fence that is on that side over there, where the trees were taken down. We want to move that fence in and be able to mow on that side of the fence to the property line up against the trees. The trees there, the property line runs really close to the fence. Majority of those trees are on the neighbor’s property. Every tree that you see out there, is either on the property line or is her tree. We pretty much cut everything down that is ours. The exterior fencing, there again that was something Cougars mentioned this year. Their estimate was $24,000.00. Just for the fence surrounding the field, plus another $9,000.00 for the backstop. One of the reasons we had taken down the trees was because the trees that were there, the state the trees were in, was causing a lot of damage to the fence. We aren’t in the condition to fix the fence. The Cougars in order for them to justify doing a capital project to raise the money to repair the fence, takes the problem away too long. Right now that’s the way it is. Fix portions of the fence but not going to get much done. Mr. Frederick said I have a third item, with Connie’s trees, the one is leaning so far over, I walk down there, there is one tree on the back side.Its half rotten. I am not saying its going to fall today. Its across the road, there are some power lines, phone lines over there. Is there anyway you can have someone look at that, to see if its stable or solid, last for another twenty years? I don’t want it falling on the road or hurting one of my kids. Mr. Shearer said I’ll throw that back unto you, we talked about that how many times. We had complaints from York Township and other residents, Mr. Frederick was here three or four years ago and had mentioned it. Whether you want to put code enforcement on her, or bring in, I’ll tell you right now, her opinion is she loves her trees. Councilman Noll said unfortunately its on private property, certain things we can’t , we can’t say we don’t like that tree, take it out. Mr. Shearer said you have in your ordinances, enforcement for removal of hazardous trees. Mr. Frederick said I don’t understand, I’ve been there, it has to be to be leaning more and more. I’m surprised that someone hasn’t come down there in a dump truck,or township bigger truck and it come down. Mr. Shearer said we made Mark Erne take his tree down when it came down on the electric line. Councilman Noll said I think we should have contact with her and say remove the tree. Mr. Shearer said I have done that several times, I have had phone calls from York Township Public Works, about the tree. I was told York Township needs to worry about other things. Short of you getting someone to say it’s a hazardous tree, you are going to have a fight. Councilman Snyder said I think that is what we had last time with Smith. Had to get someone in and actually say. Councilman Allar said we got them in for free, I am not saying they will do this one for free. Mr. Shearer said its got a mate, there is another one that is probably close. Councilman Allar said you said it could take down an utility line? Mr. Frederick said a phone line, its over top the street. Councilman Howett said the phone company won’t be there until the tree takes the line down. Mr. Shearer said the phone line isn’t like the electric company. The electric company has progressive programs for that, the phone company does not care. Councilman Myers said the electric company will cut a big U out of it, whatever it has to do, the phone company doesn’t. Mr. Shearer said if it was an electric line, I could have already called and talked to the forestry, and would have made contact by now. The line stops up the street, and the Winter property at a pole at the intersection. Councilman Snyder said I recommend that Dana, you have access to tree service companies. You’ve dealt with them before. Locate one, that would be considered an expert. Come out and access the tree, wait until we get a written recommendation, if there is an issue with the tree, then we’ll have to turn it over to code enforcement. If there is no issue with the tree, then we can come back to residents or anybody else, the tree is fine, it may not look the best but there is no problems with the tree and you have to deal with it. Trees do come down in bad weather. Whether it’s a healthy tree or a bad tree. So the issue really is, is it a healthy tree, or anything that going to cause serious injury or damage. At that point, that we get a report like that, we can’t really. Councilman Noll said before we do all that ,should we get with Connie in the meantime before action of the borough. Mr. Frederick said it doesn’t hurt to write a letter, paper trail.

Chad Finkenbinder of 330 Yoe Drive said not to beat a dead horse, but as far as the road goes, is it a truly closed deal with York Township. Are they open to at least putting a rough coat on there? Basically it’s a construction coat out there right now. Is it totally closed, should we talk to them? Councilman Noll said you are more than welcome to do that. I don’t think that they. Mr. Finkenbinder said the whole point, is I’d like to see it ramped up a little bit and ramp it up so the storm drain at least work. We get a heavy rain its like a pond at the bottom of the hill. Mayor Sanford said it can’t hurt to go to meeting and voice your opinion. Mr. Finkenbinder said I just didn’t know. Councilman Noll said we talked about it, but with the scope of the project, it has to be wanted. We had budgeted money to do it. The secretary said we took that money out. Councilman Noll said we encourage you as a resident to go and voice your opinion with York Township. Councilman Snyder said it won’t hurt. Councilman Allar said you may want to go as a group. Mr. Finkenbinder said thank you.

Engineer’s Report
Mr. Malesker said the contracts for the equipment and materials bids for the low bidders. Dallastown did award at their last meeting. Contracts and performance bonds have been reviewed and approved. Highway Materials for bituminous, Kinsley Materials for crushed aggregate, Kinsley Construction for milling, Fitz and Smith for the equipment. A motion to authorize President of Council Snyder to execute all the contracts by Councilwoman Coble Tyson. The motion was seconded by Councilman Howett. Abstaining: Councilman Noll In favor: Councilman Allar, Councilman Snyder, Councilman Myers and Councilman Strausbaugh.

Mr. Malesker said the existing contract expires June 14, 2013. Mr. Shearer said I’m still trying to get Fitz and Smith. Gary Tipton suggested GO synthetic for a portion of Mason Avenue at $2500.00. Don’t think that is going to happen. Right now, not sure if we are going to pull off Mason or not, going to pull off Broad, toward the contract. If not, as much as I hate to say it, back up and regroup, cost more money, do some other base repair work, patch some potholes and get another project number. Discussion continued. Fitz and Smith is not equipped to install GEO synthetic. Discussion continued. Mr. Shearer said you spray on top of the road, its suppose to seal the surface, water is not to penetrate through. I never dealt with it. Not sure of what the benefit would be. Mason Avenue that stretch of road, isn’t high volume. You could repave it for $2500.00. Mr. Shearer said there are areas there that we are going to have to do base repair anyway. Councilman Myers asked what about crack sealing? Mr. Malesker said there are areas beyond crack sealing. Discussion continued. Mr.Malesker said this year prices for bituminous is 10 to 15% more and Fitz and Smith is about 15% more. You would save money. Mr. Shearer said its not a lot of work to save money, there is other stuff that we will have to do this year anyway. Still got to look at Broad Street, work that out with Dallastown Yoe Water Authority. If I can still pull it off, I’m going to try to get it down. If not it’s a moog point, will have to go to Gary for another project number. You’ve have already to give me the go ahead on the current year’s contract that expires next week, if I don’t get it done by then. There will be a cost estimate at next month’s meeting to go ahead, with a cost increase. Approve working on the new contract. We either will or we won’t.

Mr. Malesker said the EAP has been resubmitted, all six copies of that. They will notify us when officially approved. I don’t know if they will send the borough back. Mr.Malesker will email the borough the EAP.

Mr. Malesker said the MS 4 report is submitted. MS education credits can be gotten by supporting the booth at the Dallastown Carnival.

Mr. Malesker said a copy of the dam inspection report was sent to us that Mary Beth did from DEP. She noted was very similar to what we noted in our December 2012 report. No major violations. Their concerns, she saw the animal burrow. The sediment, woody debris and vegetation should be removed. All vegetation should be maintained. No violation or major concerns. Councilman Snyder said contact DEP prior to any work at this sight. When they mention woody vegetation, should we contacting them before we do any work. Councilman Allar said I think it’s the wording off the cease and desist order. Mr. Malesker said they know that the sediment traps need maintained, but if you are going taking out a lot of sediment from Basin #2. They are saying let them know. Mowing and stuff like that is normal maintenance. Mr. Shearer said the accumulation of sediment is on the toe of #2 spillway. I was going to set up the pump and take out the sediment. There is some concrete patching and stone work. I want to set up a weekend and have Mr. Searle and some of the guys to do the work. Including remove a lot of the sediment on the toe. Discussion continued. Mr. Shearer said there is a crop of willows have developed including in the middle. Touch base with Jake. Mr. Shearer said I will call her. Reference her inspection notices. Discussion continued. Councilman Snyder said just keep detailed records for dam maintenance.

Councilman Snyder said we eluded to the traffic study. When the police did cite the one truck driver. Mayor Sanford said the citation was written for Walnut. The police wanted to see copies of the ordinances. The way our ordinances are currently written. This has been a constant complaint about trucks and weight restriction. We changed our ordinances around in 2007 or 2008, with a set fine if it was over the registered weight of the vehicle, they were in violation. Pete never took out based on a traffic study. When we codified the ordinances in 2010, he used a boiler plate ordinance, it went back to gross weight and being fined based on Title 75. That required when it was adopted and the traffic study. Dana did contact LTAP, they provided us with information. Regulatory signs in place prior to 1977, do not require a traffic study. We found the ordinance pre dating that, which was okay for the citation. I heard from the chief, the plea was guilty. In doing this investigation, I asked Steve to give us some insight. In October of 1971, motion were made. April 1968, motion was made by Diehl and seconded by Jamison, both ways on Broad Street, one sign on Orchard Street to stop traffic and erect stop signs. No more than a motion in 1968. Question becomes, that stop sign is legal prior to 1977. Dana found that Fourth Street, definitely done in the 1990’s. No one knew that we needed traffic studies. Had Steve pull out all the traffic studies that C. S. Davidson and access from YCP and Holley and Associates. Dana started a file for traffic study. Mr. Shearer said Maple Street and both sides of High, have traffic study. Broad Street was weight restricted in 1974 and Walnut is 1971. The problem is Philadelphia, 3rd, 4th and Elm. In the minutes it was March 5, 1996. A motion was made by Councilman Allar to request a traffic study, Dana wanted to contact the county, for 6 ton weight limit, on W. Philadelphia, Third Street, Fourth Street and S. Elm Street near the borough limits. Councilman Allar said I remember, we had an issue. We did ask about two of those streets and the county did a survey. Councilman Snyder said when I contacted the county, they purged their records. Their idea was we gave you the study, it was up to the municipality to keep it. I read in the minutes, Sandy pointed out, in 2004. He got the traffic study, told about it on the engineer’s report. The borough only got the first page but not the second page. C. S. Davidson had both pages. I called Steve. We need to keep, maintenance department will have a permanent file in a central location. Motion continued to have Dana get the traffic study done for the weight restriction. The motion was seconded by Councilman Strausbaugh. All in favor. Councilman Snyder said motion carried. Councilman Snyder said the other issue, what to do about stop signs. I asked Steve what to do. They do work on something for the county. A recognition study. One posting ordinance update, if there is a change for the county bridges. One ordinance for all county bridges. I don’t know how it works for stop signs. Found a notation, 1974, when George Street was posted for no parking by the state. And others were found. Discussion continued. Councilman Snyder said we have some record, to justify. Mr. Shearer said you can see when they built the House of Windsor, that was a problem with trucks going to the House of Windsor. In 1974, when they included Broad Street, Walnut was a thru street with the Dennison property, it trickled back up the street. They were having troubles with trucks then. Discussion continued.

Maintenance Report
Mr. Shearer said he will be on vacation from July 1 to and including July 8, 2013. I will make sure that my report is done by that Friday. I will get with Barry who is going to be point of contact. I will work four ten hour days next week and be off June 14, 2013. Provided I don’t have to come in with anything with Fitz and Smith.

Councilman Myers said he had to order a slide for one of the play areas up there. It had to be replaced. Mr. Shearer said $1200.00 cost.

Councilman Myers said the Ventrac mower is in the shop. The repair will be in the $900.00 range. Councilman Allar said I probably get a deal with Red Lion to buy it. Need a price of what it is worth. Mr. Shearer said the mower is thirteen years old, I’d start looking for a new one. We increased the quantity of grass we mow, park, area where play equipment is, quick claimed the rail road property where we are responsible to mow it all. That steeper hillside, we use the Ventrac to mow. The dam mowing that we use to contract out. We spent to $3000.00 on the Ventrac so far. I love that type of mower. I am not saying we couldn’t do it with some other type of equipment. Get our heads together for the best use of our needs. In the near future, consider looking for a new mower. We possess the Ventrac 99% of the time. Councilman Allar said I understand they don’t use it. Councilman Snyder said why would we buy, we are maintaining it. Mr. Shearer said they use it around their salt sheds. They have mowers for all other areas.

Councilman Noll said I assume you hold a CDL. Mr. Shearer said yes. Councilman Noll said there is a self certification form. Mr. Shearer said I will get one. Everybody who holds a CDL should be eligible to do this. All you have to do is fill it out and check. Mr. Shearer said my cycle ended in April to self certify. He doesn’t need a medical card for a municipality. Mr. Shearer said I self certify, I only drive interstate or intra state as a government employee. Councilman Noll said I want to make everyone aware, if don’t fill it out by February, you will have to start over for a CDL license.

Zoning Officer’s Report
Councilman Noll said I’ll pass this around to take a look at.

Councilman Noll said there are a lot of grass cutting issues in here, some that are cited.

Councilman Noll said we do have Dan Shaw working on two items, one the trailer at the DELCO business property. Put steps along side makes it look permanent. Second thing is that was just sold at 171 S .Main Street, they put down plastic and stone down for a parking area. This is being checked into and followed through on. On code side, prices have been gotten, we talked about this last time. For Grass Masters Lawn Care, cutting prices for first and one to two weeks from the first cut. The first cut is $70.00 to $75.00. Every two weeks at $55.00. A motion was made by Councilman Noll to have Grass Masters Lawn Care perform mowing on the properties at the price quoted. The secretary added they must provide a certificate of insurance. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Councilman Myers said a certified letter was sent to 92 W. Broad Street, it came back, she passed away.

Councilman Snyder said we had another complaint about 230, this time it had to do with wild animals, the groundhogs. I told her that we would discuss it at the council meeting. In my opinion, 230 goes beyond wild animals. Its going to nickel and dime us. We are already at looking at spending a lot of money. Nothing stops Hemler, to contact them for a fee. I don’t think this is something we need to get into. The secretary says Mrs. Hemler does like to hear from us, if its okay. If the other person calls and sends them the bill, they can go out. Councilman Snyder said in the contract it states should the municipality not wish to absorb costs for nuisance animals, residents can hire us for a fee. I told Patti we would bring it up at a council meeting. Groundhogs are not a nuisance animal. We are not going to be able everyone of their problems. If they want to call Hemler and negotiate a fee for the groundhog. Discussion continued. No concensus for council action. If she calls, she can call Hemler on her accord. Councilman Snyder said no need for Patti to send a letter.

Emergency Management Report
Mayor Sanford said no report.

Mayor and Police Report
Mayor Sanford said I passed around my monthly log. The police report is also listed. We cut back on enforcement.

Mayor Sanford said I’ll pass around the plaque we got from York County Planning and the certificate we got from Representative Saylor’s office. Dallastown did not have any one present, so I took theirs up there on Friday. Red Lion was represented by Dianne Price.

Secretary’s Report
The office will be closed June 14, 2013.

Councilman Snyder said take notice that the advertisement went out for the zoning ordinance update workshops. Our first one will be next Thursday. I have to make sure we can go for next week. A quarterly report needs to be filled to YCPC.

Councilman Snyder said we received notice that York County Borough’s Association is holding a picnic June 27th at 6:30PM.

Councilman Snyder said we got insurance quote from PIRMA. We did get one back through Doug Truax on May 29th. We already decided before May 29th, to go with PIRMA. Councilman Allar asked if the sewer authority pays for their part. The secretary said they pay their bonding.

Councilman Snyder said we received notice that Gail Koller is resigning as our park coordinator until June 17th. She does have names of two ladies, that have expressed interest. She doesn’t know them personally. One person she feels would be a perfect candidate for the position. She is asking for $10.00 per booking for the rentals left for the time she has already spent. She’d also like $150.00 as a one time fee for the cleaning of the park for this season. Her suggestion is if she gets the $10.00 per booking, since the new person wouldn’t have to do the whole part. We give her $50.00 per reservation. They would receive the $60.00 next year. I agree with her recommendations. Is there a consensus of council for that? There is a consensus of council. She’ll help with the transition. She has two people recommended. I can call the person up, do a quick interview, make sure they would know what we expect. Councilman Allar said John should get a back ground check. First candidate said Kim Johnson of Windsor and Jennifer Chetham on S. Elm Street. Discussion continued. My opinion go with first person, do a background check, find and make sure if they know what the job is and that they want it, do an impersonal interview. If she doesn’t work out by July, then we have candidate two. On a probationary period. Councilman Snyder said I will tell her to supply us with a background check. A motion to proceed with Kim Johnson as new park rental coordinator, as per the outline provided by Mrs. Koller. If she doesn’t work out go to the second person listed. The motion was seconded by Councilman Allar. All in favor.

Unfinished Business
There was no unfinished business.

New Business
There was no new business.

Payment of Bills
Councilman Allar said I see we have a $513.00 bill from York Township for legal fees. Are we paying it or challenging it? They stuck it to us. Councilman Snyder said I was informed of this at the contract signing. Additional bill: York Area Regional Police: $18498.50 A motion was made by Councilman Noll to pay the bills as listed along with any additions. The motion was seconded by Councilman Strausbaugh. All in favor.

Adjournment
A motion was made by Councilman Strausbaugh to adjourn the meeting at 10:34PM. The motion was seconded by Councilman Snyder. All in favor.

borough of yoe

Minutes for June 4, 2013

Borough of Yoe