Minutes, Manheim Township Board of Supervisors Meeting

December 18, 2006

The Manheim Township Board of Supervisors, York County, PA met on Monday, December 18, 2006, to transact the regular monthly business.

The following were in attendance:

Dwight Myers, Supervisor

Peg Lee, Vice Chairman

Not Present:

Larry Miller, Chairman

Township Staff:

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary-Treasurer

Solicitor:

Not present

There were 4 persons in the audience.

Vice Chairman Lee called the meeting to order at 7:00 PM with the Pledge to the Flag.

Executive Sessions – November 27, 2006 to discuss personnel matters and performance evaluations.

Vice Chairman Lee gave the following announcement(s):

bullet    Lineboro VFD Fundraiser – Information displayed and available on the web.
bullet    Fund raising projects for Manheim Adventure:
bullet  Ink Jet Cartridge & Cell Phone recycling- Mailer bags available or drop off at the office.
bullet  Flamingo Flocking Fundraiser.

Public Comments-

Resident David Miller wanted to address the Board and commend on what a great job the Board of Supervisors and the Township Employee’s do for the Township.

1. Reports –

Supervisor Myers made a motion, seconded by Vice Chairman Lee, to approve the consent package consisting of: monthly Board of Supervisors minutes (11/20/06 & 11/27/06), Planning Commission minutes for December 7, 2006 (draft), Recreation Committee minutes for October 18, 2006 and reports from the following: Manager, Zoning, Road Department, SEO (11/06), and Southwestern Regional Police Department Report (11/06), Southwestern Regional Police Department approved minutes (11/08/06).

Vote 2-0

2. 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 currently extended ninety day review period will expire on December 29, 2006. A ninety day review period extension request is submitted for consideration. If approved, the review period will be extended to March 29, 2007.

These applications have been distributed for review to York County Planning, the Conservation District, our Township Engineer, utilities affected and the Lineboro VFD. Review comments have been received from the York County and Manheim Township Planning Commissions and from our Township Engineer.

Riebling reported that the last revised plan submission is dated 09/01/2005, last engineer’s review 12/09/2005.

Supervisor Myers made a motion, seconded by Vice Chairman Lee to grant the 90 day extension request and to table the West Winds Estates (Blue Hill/New connector or Orchard View Drive, Binner property) – 13 lot Preliminary Plan and Modification Request Applications until agency comments are addressed and required approvals or notices are submitted.

Vote 2-0

Fox Ridge Court – 4 lot Preliminary Plan and Modification Request Application

The Board of Supervisors accepted this application on December 1, 2005. The extended ninety day review period will expire November 26, 2006. A ninety day review period extension request is submitted for consideration. If approved, the review period will be extended to February 24, 2007.

Review comments have been received from all necessary agencies regarding these applications.

Riebling reported that the last revised plan was dated 01/23/06. The last Township Engineer review generating additional comments was dated 03/20/06.

Riebling reported a cost estimate was submitted for this project on June 28, 2006. The estimate was copied to the Municipal Engineer for approval. A revised plan addressing storm water and other minor comments has not been submitted. We have received new comments from the municipal engineer on October 12, 2006, and well reports from the applicant on September 29, 2006.

No additional information has been provided; the application remained on the table.

KEM Construction, LLC – 8 lot Preliminary Plan and Modification Request

Riebling reported these applications were accepted for review and consideration on March 20, 2006. The ninety day review period expires on June 18, 2006. The extended review period will expire on March 15, 2007.

Reviews were completed by the York County Planning Commission, the municipal Planning Commission and the Township Engineer.

Riebling reported the Township Engineer has reviewed and commented on the Bosley sketch plan submitted as a through street feasibility study for the proposed temporary cul-de-sac contained in this application. The through street extension will require a few modifications of our subdivision regulations, but generally, the through street appears feasible.

The Township Engineer conducted a review of the revised KEM plans and has submitted comments in a letter dated December 14, 2006. These revised plans reflect alterations in the proposed street needed to join into the proposed through street extension location shown on the Bosley sketch plan.

A meeting was arranged by the applicant with the Township Engineer on December 18, 2006, at 2:30 pm, to discuss the comments and address other outstanding concerns.

The results of the meeting were as follows:

bulletIt is recommended to approve the modification request on Section 502.5.A and 502.11.C with the fee-in-lieu of $13,860.00 being submitted at the time of final plan application.

It is recommended to approve the preliminary plan with the following conditions being met before obtaining unconditional preliminary plan approval and beginning any construction:

1. Provide evidence of notifying emergency services providers of needed review (Section 403.6.A).

2. Obtaining the required Penn DOT Highway Occupancy Permit (Section 502.10.C).

3. Extend the temporary cul-de-sac to the limit of the subject property to provide connection for feasible through street and provide required turn around area (Section 502.14.C.6). This will require a modification request to be submitted to approve a cul-de-sac longer than 600 feet, (Section 502.14.C.7) but can be submitted during final plan processing.

4. Meeting Section 502.9.F "K" value regulations or obtaining a modification request from this section.

5. Provide evidence of an approved erosion and sedimentation plan and NPDES permit, if required (Section 510.6.B).

6. Provide a drainage area map showing inlet/headwall drainage areas (Section 510.3.A.10).

7. Provide data required in Section 510.4.I regarding depth and spread of storm water flows at inlets and intersections.

8. Provide best management practices supplementation to storm water facilities required in Section 510.7 to improve water quality of storm water discharge.

9. Meet other comments said to be addressed buy not verified by the Township Engineer prior to final plan approval.

Vice Chairman Lee made a motion, seconded by Supervisor Myers to conditionally approve the KEM Construction, LLC – 8 lot Preliminary Plan and Modification Request with the following conditions being met: Section 403.6.A, 502.10.C, 502.14.C.6, 502.14.C.7, 502.9.F, 510.6.B, 510.3.A.10, 510.4.I, 510.7 and meet other comments said to be addressed but not verified by the Township Engineer prior to final approval.

Vote 2-0

Supervisor Myers made a motion, seconded by Vice Chairman Lee to approve the fee-in-lieu of $13,860.00 for KEM Construction, LLC – 8 lot Preliminary Plan and Modification Request. Vote 2-0

Morgan Estates – 4 lot Final Plan Application – Manheim Road

This application was accepted for review and consideration on July 17, 2006. The extended ninety day review period will expire January 13, 2007. A ninety day review period extension request is submitted for consideration. If approved, the review period will be extended to April 13, 2007.

Vice Chairman Lee made a motion, seconded by Supervisor Myers to grant the 90 day extension request and table the Morgan Estates – 4 lot Final Plan Application – Manheim Road until all agency comments are addressed.

Vote 2-0

Mary Brenner (Small Family) 11 lot Preliminary Plan and Modification Request Applications.

This application was accepted for review and consideration on September 18, 2006. The 90 day review period will expire on December 24, 2006. A ninety day review period extension request is submitted for consideration. If approved, the review period will be extended to March 24, 2007.

Vice Chairman Lee made a motion, seconded by Supervisor Myers to grant the 90 day extension request and table the Mary Brenner (Small Family) 11 lot Preliminary Plan and Modification Request Applications until all agency comments and revised plans are submitted.

Vote 2-0

Bertha Berwager – Lot Add-on Plan and Modification Request Applications

These plans were accepted for review and consideration on November 20, 2006. The ninety day review period will expire on February 19, 2006.

Supervisor Myers made a motion, seconded by Vice Chairman Lee to table the Bertha Berwager – Lot Add- on Plan and Modification Request Applications until all required agency reviews are completed and comments provided.

Vote 2-0

New Applications

P.H. Glatfelter Company – 2 lot Minor Subdivision Plan Application

This application was submitted for acceptance on December 7, 2006. A preliminary review was completed on December 11, 2006. The preliminary review revealed some deficiencies needing to be addressed. The applicant was advised to submit a complete application by the close of business on December 18, 2006, or the application would be rejected by the Board.

The applicant contacted the Township Manager on December 18, 2006, to advise that the application will be revised and submitted for application at the next regular Board meeting on January 15, 2006.

KEM Construction – 8 lot Final Plan Application

This application was submitted for acceptance on December 7, 2006. A preliminary review was completed on December 11, 2006. The preliminary review revealed that a cost estimate was not included. The applicant’s engineer was advised to submit a cost estimate by the close of business on December 18, 2006, or the application would be rejected as incomplete by the Board.

Upon a completed application being submitted and accepted, the review period expiration date would be March 18, 2006.

Vice Chairman Lee made a motion, seconded by Supervisor Myers to accept for review and consideration the KEM Construction – 8 lot Final Plan Application.

Vote 2-0

Silas Kneller – Conditional Approval Extension Request

This plan was conditionally approved by the Board on September 18, 2006. Two of the conditions have yet to be met and are abatement of the gray water discharge from the adjoining property to the new lot proposed by Kneller and submission of the recreation fee-in-lieu. Once the plan is conditionally approved, the conditions must be met and the plan must be recorded within 90 days. The 90 day limit expired on December 17, 2006. The applicant is seeking an extension of conditional approval from the Board which would renew the 90 day period to meet conditions and record the plan, beginning December 18, 2006.

Vice Chairman Lee made a motion, seconded by Supervisor Myers to grant the 90 day extension request for Silas Kneller.

Vote 2-0

3. Solicitor Report –

Riebling reported that the Solicitor prepared and advertised for adoption of Allison Mill Road Speed Limit Ordinance.

Committee Reports –

4. EMA – No report. Meeting on Odd Months only. Next meeting on Thursday, January 18, 2007 at 7:00 pm.

5. Rec. Board –

The next meeting will be January 17, 2007 @ 7:00 PM.

6. LGAC-

None

7. Southwestern Regional Police Department –

Next SWRPB meeting, January 10, 2007 at 7:00 pm at 6115 Thoman Road.

Officer Matthews reported that there were 381 calls for service in the month of November. Manheim Township had 46 calls for service, 43 tickets and 13 warnings issued, and 5 arrests.

Officer Matthews had nothing further to report.

8. Unfinished Business –

2007 Municipal Budget

Riebling reported that the preliminary budget was advertised that was adopted on November 27, 2006 and was out for 21 days for public review.

Riebling reported that there were a few minor changes but the changes don’t alter the aggregate total more than 10% which would mean we would have had to re-advertise the budget before adoption. With those changes applied the budget is set for final adoption.

Vice Chairman Lee made a motion, seconded by Supervisor Myers to adopt the 2007 Municipal Budget with a combined total of $1,109,581.91.

Vote 2-0

9. New Business–

Allison Mill Road Speed Limit Ordinance Hearing & Disposition

Vice Chairman Lee opened the public hearing for Ordinance 2006-03 at 8:07 PM

Riebling reported that we do have a speed limit permit. Penn Dot conducted an engineering an traffic study to set the speed limit at 30 mph this was approved on May 23, 2001 the permit number is 8-4-3035. due to the turn back program being implemented and the Township taking Allison Mill Road back dated July 11, 2006 that permit was cancelled but we will keep this cancelled permit on record as verification that an engineering and traffic study were relied upon.

Vice Chairman Lee adjourned the public hearing for Ordinance 2006-03 at 8:07 PM.

Supervisor Myers made a motion, seconded by Vice Chairman Lee to adopt Ordinance 2006-03, Allison Mill Road Speed Limit.

Vote 2-0

Indoor Air Quality Assessment

Riebling reported that the results from Cocciardi and Associates were received. The conclusions were:

  1. No Immediately Dangerous to Life or Health conditions were identified during this survey.
  2. All direct read results for carbon dioxide, carbon monoxide, and total particulates were below applicable NIOSH and ASHRAE criteria, as applicable.
  3. Temperature was noted with ASHRAE recommended levels in the office, meeting room and hallway areas. The shop and storage areas were below recommended temperature levels. Relative humidity levels were within acceptable levels established by ASHRAE in normally occupied areas.
  4. Total fungal spore counts were below laboratory method detection limits in the shop office. The air samples in the meting room, office and reception areas were above background levels. No visible growth was identified.

Recommendations:

  1. Seal the former AC unit area by the reception area and investigate the source of water infiltration above the front entry door.
  2. Maintain this report indefinitely per the OSHA medical record keeping requirement and notify employees annually of their right to access.
  3. A building wide asbestos survey should be performed due to suspect material identified as well as building age.
  4. Significant amounts of fungal spores were identified on the air samples. Modification to the HVAC system may resolve this issue (via filtering mechanism of the unit) A High Efficiency Particulate Air (HEPA) vacuuming and detergent cleaning of all horizontal surfaces if recommended based on the fungal analysis results. This cleaning regimen will reduce the total fungal spore count in the room. Retesting is recommended following the HVAC upgrade. High fungal spore count is indicative of a poor filtered or circulated HVAC system.
  5. Increase building ventilation (fresh air intake) to decrease carbon dioxide levels is recommended (slightly elevated levels were identified in the reception area). The testing should be repeated following the HVAC adjustments to verify readings are within acceptable levels. Presently, the room has a window mounted air conditioning unit and a wall mounted electric heater for heating and cooling. No fresh air exchange is occurring.

The Board took no action until Chairman Miller attends the next Board meeting with information on air exchange.

South Western Regional Police Department Head Quarter Purchase

Riebling reported that a letter was submitted by the Solicitor of the Police Board he has been involved in discussions with North Codorus Township’s Solicitor regarding the purchase agreement for the Police Head Quarters.

Supervisor Myers made a motion, seconded by Vice Chairman Lee to have the Township Solicitor review documentation submitted for purchase of the Police head quarters.

Vote 2-0

Supervisor Liaison for municipal building upgrades and planning

Vice Chairman Lee made a motion, seconded by Supervisor Myers to appoint Chairman Miller as the Liaison for municipal building upgrades and planning and Supervisor Myers as the backup in the event Chairman Miller is not available.

Vote 2-0

Appointed Position Candidates and Interviews

Vice Chairman Lee made a motion, seconded by Supervisor Myers to interview resident candidates for the Police Board on Wednesday, December 20, 2006 between the hours of 7:00 PM and 8:00 PM. There will be no decision made or discussions in regards to a candidate until the reorganization meeting on January 2, 2007 at 4:00 PM.

Vote 2-0

Supervisor Myers made a motion, seconded by Vice Chairman Lee to accept the immediate resignation of Loren Riebling as resident member to the South Western Regional Police Board.

Vote 2-0

2007 Rate Changes

Riebling reported that fee rates were submitted:

  1. Kain, Brown & Roberts indicating their rates for 2007 will remain the same as 2006 at $115.00 per hour.
  2. Attorney McNeal indicating his rate for the 2007 Zoning Hearing Board will remain the same as 2006 at $100.00 per hour.
  3. Request submitted by SEO Services to increase his 2007 rates. What he is proposing is between $5.00 & $10.00 increase on some of the fees, specifically the Probe, Perc, final inspection, system design review, permit issuance and existing system inspection. It was recommended to keep the rates the same as 2006.
  4. Rettew indicated that 3 out of 11 rates did not change; the other 8 rates were reduced.
  5. York County Planning Commission for 2007 have increased for a typical residential land development plan the prior cost was $250.00 plan fee $15.00 per dwelling unit. The new rate is going to be $300.00 base fee plus $20.00 per dwelling unit.

Purchase Requisitions

None

Training Notices (Brochures included in report)

None

Next Meeting

Reorganization Meeting - January 2, 2007 at 4:00 PM

Next Regular Meeting – January 15, 2007 at 7:00 PM

There being no further business Vice Chairman Lee adjourned the meeting at 8:45 PM.

Respectfully Submitted,

Michelle E. Hershey

Secretary-Treasurer