The Manheim Township Board of Supervisors, York County, PA met on Monday, December 15, 2008 to transact regular monthly business. 

The following were in attendance:

Larry Miller, Chairman

Dwight Myers, Vice Chairman

Matt Muir, Supervisor 

Township Staff:

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary-Treasurer 

Solicitor:

John Elliot 

There were 5 persons in the audience. 

Chairman Miller called the meeting to order at 7:03 PM with the Pledge to the Flag. 

Executive Session-

None 

Public Comments-

Geraldine Ambrosius provided information to the Board in regards to a possible cow tax being established. 

1. Reports –

Vice Chairman Myers made a motion, seconded by Chairman Miller, to approve the consent package consisting of: monthly Board of Supervisors minutes 11/22/08 (budget), Tax Exoneration and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (11/08), SWRPD: Chiefs Report (12/10/08) monthly statistics (11/08), Minutes/Reports of 10/08/08 and 11/12/08.

Vote 3-0 

Monthly Board of Supervisor minutes of 11/17/08 were tabled for approval until the next Board of Supervisors meeting for additional information to be added. 

2.  Solicitor Report –

Chairman Miller opened the public hearing for comments on Agricultural Security Area at 7:10 pm.  There were no comments; Chairman Miller closed the public hearing at 7:11 pm. 

Chairman Miller made a motion, seconded by Supervisor Muir to adopt Resolution 453.

Vote 3-0  

Solicitor Elliot reported that the letter for Zoning Hearing Board Case 08-260 has been issued.

Solicitor Elliot stated that he has been in contact with Mr. Stadter’s attorney and they are intending to submit an application for alternative relief from the Zoning Hearing Board for a variance. It is unknown at this time if anything has been filed yet. The letter was dated November 25, 2008 and the deadline is December 25, 2008. 

Riebling addressed Solicitor Elliot in regards to the Southwestern Regional Police Department 4th Amendment of the Articles of Agreement if that needs to be done by Resolution or by Ordinance. Solicitor Elliot replied that if the previous amendment was done by ordinance the new amendment should be by ordinance. 

Chairman Miller made a motion, seconded by Supervisor Muir to authorize Solicitor Elliot to draw up the Ordinance to advertise for the January 5th, 2009 meeting conditioned on Spring Grove Borough and North Codorus Township approving the draft language.

Vote 3-0 

3.  Committee Reports – 

Southwestern Regional Police Department –

Next SWRPB meeting, January 14, 2009 at 7:00 pm at 6115 Thoman Road.

Chief Bean reported that Manheim Township had 49 calls for service, 24 traffic tickets, 38 written warnings, and 3 arrest charges. 

EMA –

Riebling reported that he reviewed disaster plan update with Jeff Joy of County EMA and Manheim Township EMA Coordinator Susan Kolmer on 12/10/08. 

Rec. Board –

The next meeting will be January 14, 2009 @ 7:00 PM.

Barb Mills reported that the grant has been awarded to Manheim Township.  The project must be completed in 3 years. 

Riebling reported that he was notified that due to the economic situation that they have the option of holding off on using the grant money awarded, but would have to reapply for another grant and it is not guaranteed that it would be awarded to Manheim Township again. 

Local Government Advisory Committee-

Next Meeting December 30, 2008.

LGAC Representative Smith reported that there were discussions in regards to amendments on Zoning Ordinances and implementing 537 plans. 

4.  Subdivision –

West Winds Estates (Blue Hill/New connector to Orchard View Drive, Binner property) – 13 lot Preliminary Plan and Modification Request Applications.

These applications were accepted for review and consideration on July 7, 2005. The extended ninety day review period will expire on December 18, 2008. 

All required reviews are complete with comments provided. 

The applicant has requested another ninety day extension to the review period. Upon favorable action, the extended review period would expire on March 18, 2009. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to grant the ninety day extension request and table the West Winds Estates (Blue Hill/New connector to Orchard View Drive, Binner property) – 13 lot Preliminary Plan and Modification Request Applications until outstanding agency comments are addressed and required approvals or notices are submitted.

Vote 3-0 

Dennis Bosley Phase II – 8 lot Preliminary Plan and Modification Request Applications

This application was accepted for review and consideration on February 19, 2007. The ninety day review period expiration will be January 5, 2009. 

These applications have been reviewed by all required agencies with comments provided.

The applicant has submitted a review period extension request. Upon favorable action, the time period will expire on January 5, 2009. 

The applications can remain on the table until outstanding agency comments are addressed and required approvals or notices are submitted. 

Randal & Patricia Smith – 2 Lot Final Plan and Modification Request Applications

The Board conditionally approved these applications on May 19, 2008. The ninety day period to comply with conditions will expire on January 5, 2009. 

The following conditions are incomplete as of August 18, 2008: 

  1. Providing a well yield certificate compliant with MR section 403.7.B, 409.4 – Water Feasibility Report.
  2. Submission of a fee-in-lieu determined to be acceptable by the Board of Supervisors for road reconstruction.
  3. Submission of the recreation fee-in-lieu in the amount of $1,000.00.
  4. Submission of acceptable use and maintenance agreements for Shue Lane and Highland Lane, to be recorded with the final plan.
  5. Confirmation from the municipal engineer that the revised storm water management plan is approved with the change in proposed pipe size.
  6. Submission of DEP approval of the stream crossing waiver or required permitting.
  7. Submission of bonding or letter of credit in the amount determined to be acceptable by our municipal engineer for the proposed pipe, head/end walls or other storm water facilities related to the driveway stream crossing.

Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications

These applications were accepted for review and consideration on February 18, 2008. The extended limit of the review period expires May 13, 2009. 

The prior board action on the MR Application was as follows: 

  1. Sections 403.1.A – Plan Sheet Requirements – The applicant requested that the overall property plan be accepted at a scale of 1” = 100’ due to the size of the property. The Board granted based on the justification and alternative provided.
  2. Sections 403.3.C. – Existing Features – The applicant requested that the requirement of showing existing contours for the entire site be waived since no improvements are proposed for the larger, remainder parcel. The Board granted based on the justification and alternative provided.
  3. Sections 403.3.3C.1.c – USGS Contours – The applicant requested that the USGS contours be permitted for the add-on lots. The Board granted based on the justification and alternative provided.
  4. Section 403.7.B – Water Feasibility Report – The applicant requested that he be permitted to provide individual well reports prior to Final Plan approval.  The Board granted based on the justification and alternative provided, conditioned on individual well reports showing yields and drawdown testing compliant with our regulations and demonstrating that the wells do not interfere with the yields on any existing wells within 200 feet.
  5. Section 507.2. – Flag Lots – The applicant requested that he be permitted to create flag lots in the Agricultural Zone on lands containing prime agricultural soils since the area is currently wooded with rocky outcroppings. The Board denied this request based on Planning Commission recommendations and the fact that this development abuts another recent agriculturally zoned residential subdivision, as well as the subject property having approximately 17 development rights remaining. The Board would like to see the applicant submit a revised plan showing the current 50 foot right of way, along with additional modification requests to relax the road specifications, and providing driveway access to lot 2 from the proposed access street instead of the shared driveway straddling the flag lots access property lines. It is understood that the road would remain private, but upon future development, the road could be improved and extended to condense additional development in the same area of this parcel. Additionally, a note is expected to be added to the plan indicating that any future development would require the proposed private road be upgraded to current specification.

The sewage facilities planning module for this application was approved by the Board on November 17, 2008

 The applications can remain on the table until outstanding agency comments are addressed and required approvals or notices are submitted. 

George & Mary Jean Tracey – 2 Lot Final Plan and Modification Request Applications

These applications were conditionally approved on July 21, 2008 with conditions needing to be met by February 16, 2009. 

The following conditions apply:

  1. Provide Recreation Fee-in-lieu of $1,000.00.
  2. Provide Private Street Agreement for Lots 1 and 2, to be recorded.
  3. Provide cost estimate for turn around improvement and dry hydrant purchase and installation for approval by the municipal engineer.
  4. Provide required financial security based on the cost estimate, or complete required improvements prior to recording the plan.

The Board granted an additional modification on November 17, 2008, related to Section 502.7.A requirements for right of way and cartway widths, as well as construction standards, conditioned on providing an adequate emergency service provider turn around on the proposed widened shared driveway and the binding language related to future street improvements in the event of further subdivision being approved by our Solicitor. These are added conditions to approval. 

South Western School District – Manheim Elementary School Land Development Plan & MR Applications

These applications were accepted for review and consideration on October 20, 2008. The ninety day review period expiration will be January 18, 2009. 

These applications have been reviewed by the municipal engineer, the York County Planning Commission, and our municipal planning commission. 

The current modification requests have been reviewed by the required agencies. The following action is recommended based on these reviews: 

  1. Sections 403.3.B.2,3 – Location of all Buildings and On-Lot Sewage Systems and Wells Within 200 Feet of the Tract – The applicant submitted the modification request to reduce the amount of intrusion on neighboring properties. Recommend denying this request.
  2. Section 502.5.E. – Required Right-of-Way Width- The applicant requested that the dedicated right-of-way width of 25 feet from the centerline be accepted rather than the required 30 along Blooming Grove Road to avoid a minimum front setback encroachment. The applicant could meet the right-of-way requirement, but based on the proposed location of the building expansion, he would then be required to apply for a front setback variance. Recommend granting this request conditioned on the applicant providing a five (5) foot wide highway reservation strip that could be immediately graded to an elevation and slope allowing for the construction of sidewalks.
  3. Section 510.2.G. – Peak Rates of Runoff- The applicant requested a modification of the requirement to control post-development peak flows to less than or equal to pre-development flows. The applicant has withdrawn this request.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to deny Sections 403.3.B.2,3; grant Section 502.5.E conditioned on the applicant providing a five (5) foot wide highway reservation strip that could be immediately graded to an elevation and slope allowing for the construction of sidewalks.

Vote 3-0 

Riebling reported that there was an interim meeting with the school district. The school district requested the meeting as a way to save costs so that the engineers could meet and could get representatives from each board of commission.  The big issue is the highway occupancy permit and submitting to PennDot. The school district is not proposing to change the location of their driveways, it does not appear that the adt will elevate to a point that would require a different level of occupancy permitting it would still remain a low volume. The school district is proposing to connect one of their storm water facilities directly to the inlet box that sits in the exit from the school and because they are contributing more storm water that is currently contributed to the PennDot right-of-way it is subject to at least a PennDot review. The school district is very concerned that it if they are required to get a highway occupancy permit by PennDot the review process could take such a long time that it would throw off their construction schedule.  The idea that was proposed the land development plan that the school district is running now would stop at their property line and from the right-of-way/property line out to the centerline of 216 where the storm water contribution work would take place. The school district could run that as a separate project where by the township would take the lead on running the highway occupancy application and there by it would allow the school district to continue with their construction schedule and defer any of the improvements potentially two to six months based on how long it takes PennDot to review. The agreement would be written that South Western School District would reimburse Manheim Township for the application fees and any cost incurred to run that plan as well as taking care of any of the work that would be required to be done.  

Riebling reported that he discussed with Tom Hoover of the school district that their engineer is looking to redesign in a way to alleviate the additional storm water contribution.  Riebling is looking for the authorization to offer up our services if it is necessary.  

Vice Chairman Myers made a motion, seconded by Supervisor Muir to authorize Township Manager to offer, if the need arises, municipal lead on a PennDot HOP application for storm water improvements required within the PennDot right-of-way on 216 for South Western School District with the understanding that South Western will, with subsequent agreement, pick up all the fees associated with the application and any improvements.

Vote 3-0

 New Applications:

None 

4. Unfinished Business –

Recreation Board Appointment

The Board will be interviewing candidates for a vacancy on the Planning Commission on 12/22/08. Riebling suggested interviewing for the Recreation Board in hopes of drawing out some interest. 

Violation/Enforcement Issues

Riebling reported that he did not receive the monthly update from Robert Mason of 6904 Hokes Road in regards to the status of vehicles that have been removed from his property. 

Architectural Firm Selection – Discussion –

A discussion ensued and it was decided to table the discussion until the January 5, 2009 meeting. 

Tax Collector Compensation – Discussion –

The board requested that Riebling provide recommendations for the January 5, 2009 meeting. 

Environmental Advisory Council – Discussion

Riebling reported that looking into this would be a good idea. The general duty that would be assigned is to talk to the residents that are located in the high priority areas according to the Core of Engineers.  

5.  New Business–  

Resolution 454 – Revised Right to Know/Open Records Policy

Supervisor Muir made a motion, seconded by Vice Chairman Myers to adopt Resolution 454 – Revised Right to Know/Open Records Policy.

Vote 3-0 

Manheim Township 2009 Proposed Budget Adoption

Supervisor Muir made a motion, seconded by Vice Chairman Myers to adopt the 2009 proposed budget.

Vote 3-0 

Re-organizational Supervisors, Auditors, Planning Commission & Recreation Board Meeting Advertisement.

Vice Chairman Myers made a motion, seconded by Supervisor Muir to approve the advertisement for Re-organizational Meetings to be held as follows:

Board of Supervisors – Monday, January 5, 2009 at 7:00 PM

Auditors – Tuesday, January 6, 2009 at 6:00 PM

Planning Commission – Thursday, January 8, 2009 at 7:00 PM

Recreation Board – Wednesday, January 14, 2009 at 7:00 PM

Vote 3-0 

6.  Purchase Requisitions -

Additional Expense Approval for spreader work on truck – KLK Weldling, Additional $569.00.

The Board would like an itemized bill for the additional expense before authorization of payment in the amount $569.00. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers authorizing payment of the original quote of $520.00 to KLK Welding. See itemized bill due to going over quote by half before paying additional $569.00.

Vote 3-0 

Replace Worn Hydraulic Hoses for Truck 2 – NAPA, NTE $350.00

Supervisor Muir made a motion, seconded by Vice Chairman Myers a not to exceed amount of $350.00 to replace worn hydraulic hosed for Truck 2 from NAPA.

Vote 3-0  

7. Training Notices

None 

Next Meeting

Next Meeting – December 22, 2008 at 7:00 PM to interview candidates for 2009 appointments. 

Re-organizational/January Business Meeting – Monday, January 5th, 2009 at 7:00 PM. 

Next Regular Meeting – February 16, 2009 at 7:00 PM.

There being no further business Chairman Miller adjourned the meeting at 9:10 PM. 

Respectfully Submitted,

Michelle E. Hershey

Secretary-Treasurer