Minutes, Manheim Township Board of Supervisors Meeting
December 21, 2009
The Manheim Township Board of Supervisors, York County, PA met on Monday, December 21, 2009 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 6 persons in the audience.
Chairman Miller called the meeting to order at 7:00 PM with the Pledge to the Flag.
There were two executive sessions. One was held on November 16, 2009 to discuss personnel matters, and one on December 21, 2009 to discuss potential legal matters.
Announcements- None
Public Comments-
Lineboro Fire Chief, Linas Saurusaitis addressed the board to provide an update on how the fire tax funds are being spent. Fire Chief Saurusaitis stated that they plan to purchase a new fire truck with the help of the fire tax funding from Manheim Township. Fire Chief Saurusaitis stated that he will be contacting Pleasant Hill and Jefferson fire companies to discuss expanding Lineboro Fire Company’s ambulance and paramedic services. Fire Chief Saurusaitis reported that after a successful recovery operation of one of Manheim Township resident he met with Chief Bean and offered the use of Lineboro’s building for officers to use to fill out paperwork, make phone calls or to use the restroom. The only issue with that would be that the Southwestern Regional Police Department radios don’t work at the Lineboro Fire Company building. Fire Chief Saurusaitis stated he was looking in to a way to get that resolved with some new technology and available grant funding.
David Miller read aloud to the board information titled For the Sake of Argument.
1. Reports –
Chairman Miller made a motion, seconded by Supervisor Muir, to approve the consent motion package consisting of: monthly Board of Supervisors minutes 11/16/09 and 11/23/09, Planning Commission 12/03/2009 (draft), Recreation Committee 11/11/09, 4 Tax Exonerations and reports from the following: Manager, Treasurers report, Tax Collector report, Zoning, Road Department, SEO 11/09, SWRPD: Chief’s Report 12/09/09. Monthly Statistics 11/09 and Approved Minutes/Reports of 11/11/09.
Vote 3-0
A. Solicitor Report –
Solicitor Elliot reported that the Solid Waste Ordinance Amendment, Ordinance 09-2, has been advertised and is ready for adoption.
Chairman Miller opened the public hearing at 7:27 PM. There was no public comment the public hearing was closed at 7:28 PM.
Chairman Miller made a motion, seconded by Vice Chairman Myers to adopt Ordiance 2009-2; Solid Waste Ordinance Amendment.
Vote 3-0
Solicitor Elliot reported that he had discussed with Township Manager Riebling a contract issue related to non-payment of trash service to Penn Waste by current residents.
A letter was drafted and sent to the residents notifying them they are responsible to pay outstanding amount due as well as any late fees incurred.
B. Committee Reports –
1. Southwestern Regional Police Department –
Next SWRPB meeting on December 9, 2009 at 7:00 pm at 6115 Thoman Road. Sergeant Greene reported there were 56 calls for service, 30 tickets, 41 warnings and 1 arrest.
2. EMA –
Nothing to report
3. Rec. Board –
Next meeting on January 13, 2010 at 7:00 pm.
Chairman Barb Mills reported that the last meeting was held at Deb Dickmeyer’s home. Members of the Manheim Athletic Association and Vice Chairman Myers attended the meeting. Chairman Mills Mills stated that the Manheim Athletic association has concerns about not having use of the park and would like to have a written contract drawn up.
Mills stated that basic signage and an address is needed for the recreation park so that emergency companies as well as teams traveling to the park will be able to locate the field.
4. Local Government Advisory Committee-
Next meeting on December 30, 2009.
C. Subdivision –
These applications were accepted for review and consideration on July 7, 2005. The extended ninety day review period will expire on March 13, 2010.
All required reviews are complete with comments provided.
These applications can remain tabled until outstanding agency comments are addressed and required approvals or notices are submitted.
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 18, 2010.
These applications have been reviewed by all required agencies with comments provided.
The applicant has submitted revised plans and MR’s addressing the concerns and requests voiced during the initial review and deferred action on MR D, E and F. The municipal engineer and Manheim Township Planning Commission have reviewed these revisions and provided comments.
Based on the nature of the application and the comments provided, the following action is recommended:
E. Section 502.8.D & 502.8 F- Horizontal Street Alignment, Curve Radii &
Tangents between Reverse Curves; Grant based on justification of the
revision now providing minimum required curve radii at all location and
alternative of no tangent between reverse curves in order to provide a better
design flow.
F. Section 502.9.D & 502.9.F – Vertical Street Alignment, Intersection Leveling Area; Grant based on justification of the revision having a better design flow while avoiding the bog turtle buffer with the alternative of providing a minimum 35 foot leveling area approaching Landis Road at a 4% or less grade.
G. Section 502.9.D & 502.9.F – Vertical Street Alignment, Minimum “K” Values; Grant based on the justification provided and the revised alternative requiring much less modification than the original request. The required “K” for sag curves is 30. 20 was initially proposed and 26 is now proposed. The required “K” for crest curves is 20. 12.5 was initially proposed and 18 is now proposed.
These applications are recommended for conditional approval upon finalizing the Landis Road street reconstruction terms with the following conditions being applicable:
- Notice of approval of the erosion control plan from the York County Conservation District.
- Submission and approval of the well yield, drawdown and interference report for the proposed lots as required in MR B.
- Adding road reconstruction (Landis Road) details or general notes resulting from agreement on terms.
- Revising general note 19 to include intersection clear sight triangle easement on Miller property.
- Providing survey data for drainage easements related and contributing to the public street(s).
- Submission of all outstanding fees related to municipal engineering reviews.
Chairman Miller made a motion, seconded by Supervisor Muir to conditionally approve the Dennis Bosley Phase II – 8 lot Preliminary Plan and Modification Request Applications as recommended by staff and provide for the paving of Landis Road, provide a Fee-in-Lieu of, or provide financial security.
Vote 3-0
Randal & Patricia Smith – 2 Lot Final Plan and Modification Request Applications
The Board conditionally approved the revised applications on September 21, 2009. The ninety day period to meet conditions will expire on January 18, 2010.
The following condition applies:
- Submission of a revised use and maintenance agreements for Highland Lane, to be recorded with the final plan.
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 April 8, 2010.
The application has been reviewed by all required agencies with comments provided.
Additional MR Applications have been submitted for consideration. These additional requests were reviewed by local planning and engineering with comments provided.
D. Section 502.2.A – Private Streets – The applicant requested the approval of a private street for access to the neighboring lots contingent on the recognition by the landowner that any additional subdivision will require the entire street to be brought up to or constructed to the then current Township standards.
E. Section 502.6.A. – Street Construction Standards – Since the street will be privately owned and maintained, the applicant requested that he be permitted to pave only the first fifty feet of the street extending from Camp Woods Road. The remainder of the road will be crushed aggregate.
F. Section 502.7.A. – Minimum Cartway Width – The applicant requested that a minimum roadway width of sixteen feet be permitted instead of the required twenty four feet. The fact that the road will be privately owned and the desire to decrease storm water runoff and minimize the amount earth disturbance were cited as major considerations.
The Board approved these requests on May 18, 2009 conditioned on:
1. A note being added to the plan indicating that any further development or increase in intensity of use associated with this private street will require the street to be constructed and widened according to municipal regulations effective at that time.
2. A private street use, maintenance and dedication agreement being submitted for approval that will be executed and recorded for each proposed lot’s subsequent owner.
These applications can remain tabled until remaining agency comments are addressed and required approvals or notices are submitted.
Dan Rodgers – Lot 6 Grave Run Road – 3 lot Final Plan Application
This application was accepted by the Board for review and consideration on February 16, 2009, The 90 day review period will expire on February 11, 2010.
All required agencies have reviewed and commented on this application. While no new MR’s are being requested, the applicant is seeking approval on MR’s granted under the original subdivision application.
The Planning Commission recommended that the MR applications from the original approved plan be affirmed or approved as applicable to this application.
The original MR’s proposed to be extended to and included with this application are:
1. 409.4 – Wetland Report
2. 403.A.1 – Plan Scale
3. 409.1 – Water Feasibility Report
4. 409.2 – Sewer Feasibility Report
On May 18, 2009, the Board formally granted these requests as applicable to this application since this project involves only a shared driveway in Manheim Township.
This application can remain tabled until all agency comments are addressed and required approvals or notices are submitted.
Harry Ramage – 7 Lot Preliminary Subdivision Plan & MR Applications
These applications were accepted for review and consideration on May 18, 2009. The 90 day review period will expire January 28, 2010.
The applications have been reviewed by all required agencies with comments provided.
On August 17, 2009, the Board acted on the requested agencies with comments provided.
- Sections 403.A.1.b – Plan Scale – The applicant requested that he be permitted to show proposed design features on a parent tract of more than 10 acres at a scale of 1”=80’. Recommend approval of this request.
- Section 409.B- Sewer Feasibility Report – The applicant requests that he be permitted to submit a sewage planning module utilizing on-lot sewage disposal based on soils tests in lieu of preparing Sewer Feasibility Report. Recommend approval of this request.
- Section 502.5.A.1 – Reconstruction of Existing Streets – The applicant is proposing to provide shoulder drainage along Dry Bridge Road, but requests consideration be given to requiring the street be reconstructed since Dry Bridge Road was recently paved to a total width of 22 feet. Recommend approval of this request, conditioned on providing a fee-in-lieu for the paving required to meet the ultimate width of 24 feet for Dry Bridge Road (12 feet per side) based on cost estimates prepared by the applicant.
- Section 512- Public Dedication of Park Land – The applicant requests to provide a fee in lieu of dedicating park land. Recommend approval of this request.
- Section 510.B.7.a- 2 year Storm Peak Rate Reduction – The applicant requests that he not be required to reduce the peak runoff rate from the 2-year storm by 50%. In the alternative, the applicant proposes to keep the post development peak rate the same as predevelopment. Recommend deferring action on the request to allow the applicant to propose an alternative storm water reduction design that more closely meets the intents of this requirement.
These applications can remain tabled until all agency comments are addressed and required approval or notices are submitted.
Manheim Adventure – Land Development Plan & MR Applications
These applications were submitted for initial review on August 17, 2009. The 90 day review period expiration will be December 21, 2009.
All required agency reviews have been completed and comments have been provided.
On October 19, 2009, the Board approved all requested modification as listed below:
- Section 305 – Preliminary Plan Processing – The applicant requested to be permitted to submit plans meeting the requirements of both Preliminary Plan and a Final Plan.
- Section 505.H – Lighting Plan – The applicant requested that the requirement be waived as “dusk to dawn” lighting will be utilized.
These applications are recommended for conditional approval with the following conditions being applicable:
- Notice of approval of the erosion control plan from the York County Conservation District.
- Obtaining downstream adjoining recipient’s signature on plan for acception storm water release from the proposed project. (Have signature on letter submitted with the E&S Plan)
Chairman Miller made a motion, seconded by Vice Chairman Myers to conditionally approve the Manheim Adventure – Land Development Plan & MR Applications as recommended by staff.
Vote 3-0
New Applications:
Rinehart/Kaltreider/Wildasin/Rathell – Sketch Plan Application
This sketch plan application was submitted on November 24,2009, and informally reviewed by the Manheim Township Planning Commission on December 3, 2009.
The board reviewed the planning commission comments and affirmed a land locked property can not be created through subdivision and must have at least 25 feet of lot width as required for a flag lot in the agricultural zone.
D. Unfinished Business –
Legislative Update;
1. Raising Minimums for Required Bidding – SB319 & HB 607 (1st consideration; referred to Appropriations 3/30/2009).
2. Separations Act Minimum from $4,000.00 to $25,000.00 – SB330 (Referred to L&I 2/20/09).
3. School Impact Fees – SB552 & HB 1527 (Referred to Local Government Committee 3/2/2009 & 5/26/2009, respectively).
4. Auto extensions on S/D & permits – SB 569 (Approved June 25, 2009, 50-0, referred to House Committee on June 29, 2009).
5. Monthly Notification of Development to School District – HB 1754 (Passed House 198-0 July 7, 2009; Re-Referred to Senate Appropriations August 11, 2009).
6. PSP Coverage Fee – HB 1500 (recommitted to appropriations September 11, 2009).
7. Requiring proof of no outstanding liens for contractor’s involved in dwelling construction – HB 2122 (Introduced October 14, 2009, Referred to Labor Relations December 9, 2009).
Riebling noted H.B. that would permit school districts to avoid paying prevailing wage on construction projects if authorized by referendum.
Violation/Enforcement Notices
Riebling reported that there is an issue with a house on Baumgardner Rd. The house was constructed and was told upon final inspection the foundation drain daylights just outside the public right of way. The contractor hooked the roof drains to the foundation drain and all the water was coming out of one pipe. A temporary use certificate was issued stating if any issues of ice on the road arise would be the owner’s responsibility to correct the problem. The owners disconnected all the roof drains but there are still water and ice issues. Riebling talked to property owners and they are aware that something has to be done. The board requested Riebling send letter to give the owners 6 months to resolve the problem.
Riebling reported that a letter was issued some time ago to the property on Hokes and Simpson Rd to discontinue the use of using the shoulder of Hokes Rd. to get into the firewood yard. The owner continued using this access and yellow tape was put up at the limit of the Hokes Rd right of way to stop public property degradation. The yellow tape is still there and the property owner is using the Simpson Rd. approved access. Riebling stated a violation notice will be sent out.
St. John’s Church Proposal – Update
Nothing to report.
E. New Business–
Chairman Miller stated that new business item 3 would be discussed at the end of the meeting.
Resolution 470 – Setting 2010 Tax Rates and Adoption of 2010 Budget.
Chairman Miller made a motion seconded by Supervisor Muir to approve Resolution 470 and set the 2010 tax rates at real estate 1.1 mils, fire protection .15 mils, per capita and occupation $5.00 each.
Vote 3-0
Chairman Miller made a motion seconded by Vice Chairman Myers to adopt the 2010 budget as advertised for 24 days.
Vote 3-0
Agricultural Zoning Definition; Parent Tract – Discussion
Riebling addressed the board in regards to amending the definition of parent tract to exempt previous legally subdivided property and lots of record that substantially conform to lot and area width and to address methodology of designing storm water management and other housekeeping issues.
Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the Zoning Officer to provide information to the Planning Commission for review and amendment.
Vote 3-0
Successor Tax Collector Requests – Tax Certification & NSF Check Fees
Riebling reported that the newly elected tax collector has requested to increase the tax certification fee from $10.00 to $20.00 and the NSF Check from $20.00 to either $30.00 to $35.00. Riebling reported that she is currently contacting other municipalities to see what they are charging. The board requested that a formal request be submitted in writing for the requested fee changes.
Codorus Valley COG Meeting 12/22 – Fee Increase from Construction Code Program
Riebling reported that the Codorus Valley COG will be meeting on December 22, 2009 to discuss fee increases. The current fee is $370.00 for a plan review and required inspections for a new home. The proposed new fee is $500.00 for a plan review and required inspections for a new home.
2010 Fee Schedule – Discussion on ZHB & Newsletter Ad Fees
Riebling reported that the cost for one Zoning Hearing Board meeting currently costs approximately $453.77 without the Zoning Officers time included in that cost. The application cost is $400.00 so the township is losing money. Riebling requested that the fee be increased to $500.00.
Riebling reported that it cost $585.00 per quarter to distribute the newsletter. There are currently 9 spaces for advertisement at $10.00 per ad. The cost has gone up to produce the newsletter due to postage rate increases. Riebling requested that the fee be increased. The board recommended increasing the advertisement fee to $15.00.
6. Purchase Requisitions -
None
7. Training Notices
None
Public Works Building – Review Design Proposals
The Board reviewed the 4 plan designs submitted. After discussion on options, what’s needed and the proper direction for design of this building, the board would like to think about what was discussed and address the public works building design proposals at next months’ meeting.
Snow Emergency Declaration
Riebling reported that a snow emergency was issued for 48 hours on Saturday, December 19, 2009 at 3:00 AM and ended on Monday, December 21, 2009 at 3:00 AM.
Chairman Miller made a motion, seconded by Supervisor Muir to approve the Snow Emergency Declaration.
Vote 3-0
Next Meeting
Reorganization and Next Regular Meeting – January 4, 2010 at 7:00 PM
There being no further business Chairman Miller adjourned the meeting at 10:00 P.M
Respectfully Submitted
Secretary-Treasurer