Minutes, Manheim Township Board of Supervisors Meeting

The Manheim Township Board of Supervisors, York County, PA met on Monday, June 16, 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 6 persons in the audience. 

Chairman Miller called the meeting to order at 7:05 PM with the Pledge to the Flag. 

Public Comments-

None

 1. Reports –

Supervisor Muir made a motion, seconded by Chairman Miller, to approve the consent package consisting of: monthly Board of Supervisors minutes (05/19/08), Planning Commission minutes for June 5, 2008 (draft), Recreation Committee minutes for May 13, 2008 (draft), Auditor Minutes April 1 & May 20, 2008 and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (05/08), SWRPD: Chiefs Report (06/11/08) monthly statistics (05/08), Approved Minutes/Reports 05/14/08.

Vote 3-0 

2. Solicitor Report –

Solicitor Elliot reported that a letter has been sent to City Mortgage stating that the delay is causing prejudice to three parties. Solicitor Elliot stated that the Board does have the option to start legal action if a response is not received by City Mortgage. The Board will wait to hear from Solicitor Elliot at the next meeting to see what their next step should be. 

Solicitor Elliot reported that a petition was received for an appeal of the Estate of Robert L. Adams, Sr. from the York County Board of Assessments Appeals. Solicitor Elliot stated that after reviewing with the Township Manager Riebling the rollback taxes are for Clean and Green, not state tax. The Board requested Solicitor Elliot to submit an objection to the petition stating that this tax if for Clean and Green which is not stated on the petition received. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve Solicitor Elliot to prepare and submit an objection to the petition for an appeal of the Estate of Robert L. Adams, Sr.

Vote 3-0 

Solicitor Elliot reported that the municipal liability coverage through Keller Brown does not cover donated equipment used for the recreation park. After a brief discussion the board requested Township Manager Riebling to look in to a rider policy to be used while phase 1 of the recreation park is taking place. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve a not to exceed amount of $750.00 for a rider policy to be used while phase 1 of the recreation park is taking place.

Vote 3-0 

3. Committee Reports – 

1.  Southwestern Regional Police Department –

Next SWRPB meeting, July 9, 2008 at 7:00 pm at 6115 Thoman Road.

Sergeant Layden reported that Manheim Township had 46 calls for service, 45 traffic tickets, 50 written warnings, and 13 arrest charges. 

2. EMA –

Riebling reported that a proposed disaster plan update was submitted for review to Jeff Joy at York County EMA. A copy of the cover letter was provided to the Board. 

3.  Rec. Board –

The next meeting will be July 9, 2008 @ 7:00 PM.

Road Master Smith reported that the silt fence is up and some dirt moving has begun. 

Specific details about each piece of equipment being donated for use is needed by Riebling for issuance of letters stating donated value for tax deduction purposes. 

4. Local Government Advisory Committee-

David Miller reported that he attended the LGAC full committee dinner. The next meeting will be held in September 2008. York County Planning Commission will be distributing a book titled Tools which is to help local municipalities. 

3.  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 June 21, 2008. 

Last revised plan submission dated 9/1/2005, last engineer’s review 12/9/2005. 

The applicant has submitted a review period extension request for 90 days. Upon favorable action, the time period will expire on September 19, 2008. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to grant the 90 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 all 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 July 21, 2008. 

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

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

Glenville Hollow Farms (Yingling) – 11 Lot Preliminary Plan and Modification Request Applications

These applications were conditionally approved on November 19, 2007 with the conditions needing to be met by the extended deadline of July 21, 2008. 

The following conditions are incomplete as of 04/21/2008: 

1. Provide evidence of approval of the erosion & sedimentation control plan and NPDES permit, if applicable.
2. Revise general note 19 to include the granting of the concrete monument modification request (Section 502.1.N) and the date of the two recent modification requests.
3. Revision of general note 25 to indicate that the retaining wall drawings need to be submitted and approved by the municipal engineer prior to the issuance of a zoning or building permit.
4. Provide verification that the sewage testing on Lot 7 meets minimum set back requirements for sewage disposal facilities.

The Applicant had submitted an additional modification request from Section 510.5.C of the storm water management regulations. This section requires that storm water detention facilities be capable of draining dry within 24 hours. The Planning Commission and municipal engineer have reviewed and commented on this request. 

On February 18, 2008, the Board granted this MR subject to meeting the municipal engineer’s conditions of approval contained in their review letter dated February 14, 2008, related to plantings, maintenance agreements, and the addition of details on the plan. This is an added condition of plan approval needing to be met by May 17, 2008. 

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

Marlene Wildasin – 2 Lot Final Plan and Modification Request Applications

These applications were accepted for review and consideration on October 15, 2007. The ninety day review period will expire on September 9, 2008. 

The required agency reviews have been completed and comments submitted. 

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

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 August 22, 2008. 

The following conditions must be met by August 22, 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 ninety day review period expires November 14, 2008. 

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 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.

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

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

These applications were accepted for review and consideration on February 18, 2008. The ninety day review period expires July 21, 2008. 

All required agency reviews have been completed and comments provided. 

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

Morgan Estates – Conditional Approval

The applicant is requesting a ninety day extension to meet conditions expired on Sunday, June 15, 2008. If approved the ninety day extension would expire on September 15, 2008. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to grant the ninety day extension request for Morgan Estates.

Vote 3-0 

Michael & Tracy Groft – SWM Plan Application

These applications were conditionally approved on May 19, 2008. The ninety day period to meet conditions will expire on August 22, 2008. 

This application is recommended for unconditional approval. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to unconditionally approve the Michael & Tracy Groft – SWM Plan Application.

Vote 3-0 

William & Michelle Crumrine – Add On Subdivision Plan Application

These applications were accepted by the Board for review and consideration on April 21, 2008. The review period will expire on July 20, 2008. 

This application has been reviewed by all required agencies and comments have been provided. 

The recommended action on the requested modification for Section 403.3. – Existing & proposed features on separate sheets, is to grant the modification. The applicant requested that he be permitted to show both existing and proposed features on a single sheet due to the fact that no new construction is proposed as part of this application. 

The sewage planning waiver is recommended for approval.

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve modification request 403.3 and the sewage planning waiver for the William & Michelle Crumrine – Add On Subdivision Plan Application.

Vote 3-0 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to unconditionally approve the William & Michelle Crumrine – Add on Subdivision Plan Application with the stated modification request.

Vote 3-0 

Small/Brenner (Landis Road) – Final Plan Application

These applications were accepted by the Board for review and consideration on May 19, 2008. The ninety day review period will expire on August 17, 2008. 

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

New Applications:

None 

4. Unfinished Business –

Municipal Complex Planning – Architectural RFP Opening

RFP’s were opened and the proposed costs announced: 

1.      BASCO Associates - $197,550.00

2.      Core Design Group - $69,749.00

3.      SAA Architects - $88,750.00

4.      Williams & Ports - $83,450.00

5.      Interface Studio Architects - $68,500.00

6.      BAU Architecture - $88,800.00

7.      Hammel Associates - $62,750.00

8.      Patrick Szustak - $80,000.00 

Riebling will prepare a detailed analysis and a special meeting to review the analysis will be held on Wednesday, July 2, 2008 at 6:30 PM. 

Recreation Board Resignation & Appointment

No candidates at this time 

Municipal Building Door Replacement – Review Quotes 

Two quotes were received: 

1.      Channell’s Locksmith Shop - $5,997.80

2.      R Jay’s Home Improvements - $4692.46 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve R Jay’s Home Improvements to replace meeting room door, north maintenance door and south maintenance door in the amount of $4,692.46.

Vote 3-0

Penn Township Paving Projects Proposal - Agreement

Riebling reported that they are in the process of pursuing an agreement with Penn Township for paving projects. Riebling received an itemized equipment cost list from Penn Township.  

Chairman Miller made a motion, seconded by Vice Chairman Myers to authorize Manheim Township to enter an agreement with Penn Township for paving projects in exchange for use of Penn Township equipment.

Vote 3-0 

Violation/Enforcement Issues

Riebling reported that KEM Development will be issued a fine for a burning violation of non vegetative matter. 

Local Government Advisory Committee Appointment

No new candidates at this time 

5. New Business–

Resolution 449 – CDBG Grant Authorization; Ratification

Chairman Miller made a motion, seconded by Supervisor Muir to adopt Resolution 449 – CDBG Grant Authorization.

Vote 3-0 

Letter of Credit Reduction – KEM on Blue Hill Road

Original amount was $236,152.00. Municipal Engineer authorized $47,510.00 which would leave a balance of $188,642.00. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve the credit reduction for KEM on Blue Hill Road by $47,510.00.

Vote 3-0 

Allison Mill Road Project

Road Master Smith received a proposal from Recon Construction to reclaim 4” top of Allison Mill Road in the amount of $7,500.00. Road Master Smith stated another alternative is to purchase a blade for the grader in the amount of $3,000.00. Road Master Smith stated he would be able to test out a blade to confirm if it will be suitable for the work needed to be done before purchasing. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve the purchase of the grader blade in the amount of $3,000.00 if after testing the blade it is suitable for the Township. Approved to use Recon Construction to reclaim Allison Mill road at a cost of $7,500.00, if grader blade doesn’t work out.

Vote 3-0  

6. Purchase Requisitions -

Equipment Tires – Budgeted Expense for Road Department - $7,033.24 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the purchase of Equipment tires in the amount of $7,033.24.

Vote 3-0

Roller Rental for Allison Mill Road – NTE $4,400.00 

Vice Chairman Myers made a motion, seconded by Supervisor Muir to approve the roller rental for Allison Mill Road with an amount not to exceed $4,400.00

Vote 3-0 

7.  Training Notices (Brochures included in report)

None 

Next Meeting

Next Regular Meeting – July 21, 2008 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