Minutes, Manheim Township Board of Supervisors Meeting

September 21, 2009

The Manheim Township Board of Supervisors, York County, PA met on Monday, September 21, 2009 to transact regular monthly business. 

The following were in attendance:

Larry Miller, Chairman

Dwight Myers, Vice Chairman 

Not Present:

Matt Muir, Supervisor 

Township Staff:

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary/Treasurer 

Solicitor:

John Elliot 

There were 9 persons in the audience. 

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

There were no executive sessions. 

Announcements- None 

Public Comments-

David Miller read information to the board in regards to political party differences regarding Patriot Day as being a day of service. 

1. Reports –

Chairman Miller made a motion, seconded by Vice Chairman Myers, to approve the consent package consisting of: monthly Board of Supervisors minutes 08/17/09, Planning Commission 09/03/2009 (draft), Recreation Board 08/12/2009 and reports from the following: Manager, Treasurers report, Tax Collector report, Zoning, Road Department, SWRPD: Chief’s Report 09/09/09. Monthly Statistics 08/09 and Approved Minutes/Reports of 08/12/09.

Vote 2-0 

A. Solicitor Report –

Solicitor Elliot reported that the Flood Plain Management Ordinance Amendment was advertised for public hearing for the September 21, 2009 meeting. Solicitor Elliot stated that only minor wording changes were needed as of the September 21, 2009 meeting. Passage of this Ordinance is necessary to be able to participate in the National Flood Insurance Program. 

Chairman Miller opened the hearing for public comment at 7:08 PM. There were two questions in regards to understanding what this Ordinance Amendment was for and what changes were made. Solicitor Elliot provided that information to the public. Public Hearing was closed at 7:10 PM 

Chairman Miller made a motion, seconded by Vice Chairman Myers to adopt the Flood Plain Management Ordinance Amendment with the only change being the effective date of 09/25/2009, instead of 09/21/2009.

Vote 2-0 

B. Committee Reports –

1. Southwestern Regional Police Department –

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

Officer Duffy reported that Manheim Township had 65 calls for service, 4 tickets, 17 warnings and 5 arrests. 

2. EMA –

Riebling reported the EMA Coordinator will be out of the country 9/15 through 10/14, notification & alternate plan was completed. 

3. Rec. Board –

Next meeting on October 14, 2009 at 7:00 pm

Barb Mills addressed the board in regards to concerns about the obligation of accepting the grant money and being able to come up with matching funds and in kind services. Tim Staub with Rettew stated that if the township chooses not to use the grant funds that were awarded, the township would be flagged at DCNR and other state agencies. This will reduce chances of the township getting any type of grants in the future. 

There was a discussion on expectations and ideas for fundraising opportunities. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to move forward using the grant funds awarded for the Manheim Adventure Recreation Park.

Vote 2-0 

Barb Mills addressed the board in regards to where the fencing needs to be placed in regards to the berms. Chairman Miller stated that it was discussed at last months meeting that the fencing would be placed at the bottom of all the berms and that no one is allowed to be on the berms due to liability concerns. 

4.  Local Government Advisory Committee-

Next meeting on September 30, 2009. 

C.  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 13, 2009. 

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 October 19, 2009. 

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 can remain tabled until all 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 October 19, 2009. 

The following conditions apply:

1. Providing a well yield certificate compliant with prior MR “B”.
2. Submission of a fee-in-lieu or completion of work-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 the proposed pipe size.
6. Submission of DEP approval of the stream crossing waiver or required permitting.

Riebling reported that the applicant had requested from the board that he be permitted under conditional approval to change the location of the driveway from one existing shared driveway to another. The revised plan has been reviewed by the township engineer. The original ownership and maintenance agreement that is in place for Highland Lane is only for the residents who cross Mr. Smith’s property to get to their own property. Currently all of the maintenance is assigned to the Cracium property through the subsequent agreement. 

Chairman Miller stated that Mr. Smith needs to revise the Highland Lane agreement and be included on the agreement. Once the agreement is revised all conditions will have been met. 

These applications can remain tabled until all conditions have been satisfied. 

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 December 9, 2009. 

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 all 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 November 13, 2009. 

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. 

These applications 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 October 30, 2009. 

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. 

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 approvals or notices are submitted. 

Tosick/Booze – Revised Final Plan (Add-on) & MR Applications

These applications were accepted for review and consideration on August 17, 2009. The 90 day review period expiration will be November 15, 2009. 

All required agency reviews have been completed and comments have been provided. 

Based on agency review comments and the nature of the application, it is recommended that all requested modifications be granted as proposed and listed below: 

1. Sections 403.1.A-Plan Scale requirements – The applicant requested that he be permitted to prepare the plans at 1” = 60’ to accommodate presentation of the parcels’ perimeters.
2. Sections 403.3 & 403.3 – Existing and Proposed Features Plan – The applicant requested that he not be required to prepare a separate sheet showing existing conditions to keep the presentation of the plans simplified as there are relatively few existing and proposed features.
3. Section 502.1.N – General Design Standards – Permanent Concrete Monuments – The applicant requests that this requirement be waived based on the setting of monuments in the previous subdivision.
4. Section 502.5.1 – Reconstruction of Existing Streets – The applicant requests that this requirement be waived as no new traffic will be generated as a result of the proposed action.
5. Section 502.11 – Curbing – The applicant requests that this requirement be waived as the proposed action is limited to an internal land swap.
6. Section 502.12 – Sidewalks – The applicant requests that this requirement be waived as the proposed action is limited to an internal land swap.

The Sewage Planning Waiver is recommended for approval by the Board. 

The plan has been revised to address the agency comments and is recommended for unconditional approval. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to unconditionally approve the Tosick/Booze – Revised Final Plan (Add-on), MR Applications, & Sewage Planning Waiver as recommended by staff.

Vote 2-0 

Meckley – Add-on plan & MR Applications

These applications were accepted fro review and consideration on August 17, 2009. The 90 day review period expiration will be November 15, 2009. 

All required agency reviews have been completed and comments have been provided. 

Based on agency review comments and the nature of the application, it is recommended that all requested modifications be granted as proposed and listed below: 

1. Sections 403.3 & 403.4 – Existing and Proposed Features Plan – The applicant requested that he not be required to prepare a separate sheet showing existing conditions to keep the presentation of the plans simplified as there are relatively few existing and proposed features.
2. Section 501.1.N – General Design Standards – Permanent Concrete Monuments – The applicant’s representative withdrew the request based on the Township Engineer’s opinion that the request was not necessary for the proposed action.
3. Section 502.5.1 – Reconstruction of Existing Streets – The applicant requests that this requirement be waived as no new traffic will be generated as a result of the proposed action.
4. Section 502.11 – Curbing – The applicant requests that this requirement be waived as the proposed action is limited to an internal land swap.
5. Section 502.12 – Sidewalks – The applicant requests that this requirement be waived as the proposed action is limited to an internal land swap.

The Sewage Planning Waiver is recommended for approval by the Board. 

The plan has been revised to address the agency comments and is recommended for unconditional approval. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to unconditionally approve the Meckley – Add-on plan, MR Applications, & Sewage Planning Waiver as recommended by staff.

Vote 2-0 

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 November 15, 2009. 

All required agency reviews have been completed and comments have been provided. 

Based on agency review comments the nature of the application, it is recommended that all requested modifications be granted as proposed and listed below: 

1. 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.
2. Section 505.H – Lighting Plan – The applicant requested that the requirement be waived as “dusk to dawn” lighting will be utilized.

This plan can then be tabled until the agency comments are addressed through plan revisions. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to grant the modification request as proposed by staff and table the Manheim Adventure – Land Development Plan & MR Applications until the agency comments are addressed through plan revision.

Vote 2-0 

New Applications:

None 

D. Unfinished Business –

Legislative Update;

1.      Raising Minimums for Required Bidding – SB319 & HB 607 (1^st consideration; referred to Appropriations).

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). 

Violation/Enforcement Notices

Riebling reported that a letter was sent approximately three months ago to the landscaper on Hokes and Simpson. The letter was asking for him to contact Riebling to let Riebling know when he would be available onsite so verification could be made that there is no longer a rooming house. Has not heard back from him and the property is up for sale. Riebling will continue to follow up with him. 

E. New Business–

Ordinance Amendment Request – Penn Waste

Penn Waste is requesting that the municipality slightly change the refuse ordinance to allow them to collect late fees, administrative fees and reasonable attorney fees when they file a civil judgment against residents who refuse to pay their trash bills. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve Township Manager Riebling and Solicitor Elliot to amend the Ordinance to collect late fees for delinquent accounts.

Vote 2-0 

SPCA Agreement for 2010

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the 2010 SPCA Agreement in the amount of $1,560.00

Vote 2-0 

Letter to County Commissioners – RE: Digital Radios

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve Township Manager Riebling send a letter to the County Commissioners requesting a meeting in regards to the digital radio issues.

Vote 2-0 

Support Letter for PA Wayfindings Signage Program

Riebling received a letter in regards to the State wide Wayfinding Program which is to develop a systematic network of directional traffic signs that will effectively guide the traveling public from major highways to key attractions and businesses. In order for the program to be implemented letters of support for the program are needed from the local government agencies. 

The board stated they were not interested in participating in this program and would not be submitting a letter of support. 

St. John’s Church Proposal

Russ Vansant addressed the board to discuss the option of donating the church building and the cemetery to Manheim Township which adjoins the Manheim Adventure Recreation Park.  The property is in the hands of the United Methodist Church, Mechanicsburg District and is being handled by Reverend Ron French of Winterstown United Methodist Church. Rev. French is open to presenting this idea to the appropriate Manheim Township authorities to see if there is an interest. They would transfer the church property for $1.00, plus closing costs. There may be a substantial cemetery fund available, but was unsure of the amount. 

The Board would consider the offer once they were provided with the maintenance fund status amount, a structural integrity report, a legal review and stipulations on use of the building. 

2010 Pension MMO

Riebling provided a copy of the 2010 MMO to the board. The Minimum Municipal Obligation would be $33,410.00. This would need to be approved with the budget by December 31, 2009. 

Proposed 2010 Budget Process

Riebling provided information to the board in regards to preparing the 2010 budget as well as meetings that will need to take place. 

6. Purchase Requisitions -

None 

7. Training Notices

None 

Next Meeting

Next Regular Meeting – October 19, 2009 at 7:00 PM. 

There being no further business Chairman Miller adjourned the meeting at 8:53 P.M. 

Respectfully Submitted,

Secretary-Treasurer