The Manheim Township Board of Supervisors, York County, PA met on Monday, May 19, 2008 to transact regular monthly business.

Larry Miller, Chairman

Dwight Myers, Vice Chairman

Matt Muir, Supervisor

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary-Treasurer

John Elliot

There were 15 persons in the audience.

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

None

Vice Chairman Myers made a motion, seconded by Supervisor Muir, to approve the consent package consisting of: monthly Board of Supervisors minutes (04/21/08), Planning Commission minutes for May 1, 2008 (draft), Recreation Committee minutes for April 9, 2008 (draft) and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (04/08), SWRPD: Chiefs Report (05/14/08) monthly statistics (04/08), Approved Minutes/Reports 04/09/08.

Solicitor Elliot reported that he is still waiting to get the release on the lien for the Berwager property. It was supposed to take 6 to 8 weeks and now we are on week 10. Solicitor Elliot has his assistant calling the bank but it’s been very difficult to get through the recording system.

Solicitor Elliot reported that resident John Stadter filed an appeal on the Zoning Hearing Board decision. Solicitor Elliot reported that a request to approve holding any fines in abeyance during the pendency of the appeal.

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve holding any fines in abeyance during the pendency of John Statder’s appeal of the Zoning Hearing Board decision.

Next SWRPB meeting, June 11, 2008 at 7:00 pm at 6115 Thoman Road.

Officer Dickmeyer reported that Manheim Township had 60 calls for service, 37 traffic tickets, 37 written warnings, and 2 arrest charges.

Nothing to report

The next meeting will be June 11, 2008 @ 7:00 PM.

DCNR Grant Application submitted on 04/25/2008.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve fuel usage for donated equipment used in Phase 1A be paid for out of the Recreation Fund.

Chairman Miller made a motion, seconded by Supervisor Muir to approve Township Manager Riebling to check with Keller Brown in regards to release from liability for donated equipment and persons working on Phase 1A.

Chairman Miller made a motion, seconded by Supervisor Muir to approve Township Manager Riebling to issue letters stating donated value for tax deduction purposes for donated equipment.

Nothing of note

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.

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

These applications were submitted to this office on November 16, 2005. A preliminary review was completed on November 21, 2005. The applicant corrected the deficiencies and

resubmitted the corrected application. The Board of Supervisors accepted this application on December 1, 2005. The extended ninety day review period will expire on May 19, 2008.

Last revised plan was dated 01/23/06. The last Township Engineer review generating additional comments was dated 03/20/06.

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.

The applications are recommended for denial due to many outstanding comments, lack of activity for over two years, and the fact that a request for an additional extension was not submitted. The specific deficiencies will be outlined in the notification letter.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to deny the Fox Ridge Court – 4 lot Preliminary Plan and Modification Request Applications due to many outstanding comments, lack of activity and a request for an additional extension was not submitted.

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.

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.

These applications were accepted for review and consideration on October 15, 2007. The ninety day review period will expire on June 11, 2008.

The required agency reviews have been completed and comments submitted.

The applicant has submitted a review period extension request for 90 days. Upon favorable action, the time period will expire on September 9, 2008.

Chairman Miller made a motion, seconded by Supervisor Muir to grant the extension request of 90 days and table the Marlene Wildasin – 2 Lot Final Plan and Modification Request Applications until all agency review comments are addressed and the modification notes are added and/or addressed.

These applications were conditionally approved on April 21, 2008 with the following conditions:

1. Completion of proposed work proposed in lieu of complete street reconstruction or financial security for same.

2. Submission of a well certificate satisfying conditions of approval for the MR.

3. Submission of recreation fee-in-lieu in the amount of $1,000.00.

4. Addressing municipal engineering subdivision comment 6 to the satisfaction of the municipal engineer.

All conditions of approval have been met. Riebling reported that the well yield certificate indicates a yield of 0.22 gpm. Our yield minimum is 315 gallons per day, which is broken down as follows: 315 gpd/24 hours/60 minutes = 0.21875 gpm.

Chairman Miller made a motion, seconded by Supervisor Muir to unconditionally approve Fred & Kathryn Laurence – 2 Lot Final Plan and Modification Request Applications.

The Board accepted these applications for review and consideration on January 7, 2008. The ninety day review period will expire on June 5, 2008.

All required agency reviews have been completed and comments submitted.

These applications are recommended for conditional approval with the following conditions:

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.

A proposal was submitted to the Board regarding sections 502.5 and 502.7, reconstruction of existing streets. The applicant offers to widen with gravel Shue Lane to a width of 18 feet with and estimated construction cost of $4,966.00.

Chairman Miller made a motion, seconded by Supervisor Muir to conditionally approve the Randal & Patricia Smith – 2 Lot Final Plan and Modification Request Applications with the following conditions:

1 Providing a well yield certificate compliant with the previously approved modification request.

2 Completion of the work proposed in lieu of road reconstruction prior to unconditional approval or submission of financial security in the amount of $4,966.00 to guarantee completion of same.

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 due to the change in the proposed pipe size under the proposed driveway serving Lot 2.

6 Submission of DEP Approval of the stream crossing waiver or required permitting.

7 Submission of bonding or letter of credit in an amount determined by a professional engineer and deemed to be acceptable by the municipal engineer for the proposed pipe, head/end walls or other storm water facilities related to he driveway stream crossing.

These applications were accepted for review and consideration on February 18, 2008. The ninety day review period expires November 14, 2008.

The recommended action on the MR Application is 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. It is recommended that this be 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. It is recommended that this be granted 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. It is recommended that this be 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. It is recommended that this be 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. It is recommended that this be 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. Denial would require this subdivision to be planned in a way that would allow a temporary cul-de-sac to be extended to accommodate future subdivision in the same area rather than having residential lots subdivided from various parts of the farm.

Chairman Miller made a motion, seconded by Supervisor Muir to grant Sections 403.1.A; 403.3.C; 403.3.C.1.c; 403.7.B. and deny Section 507.2. – Flag Lots, based on Planning Commission recommendations and the fact 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 for the Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications.

Chairman Miller made a motion, seconded by Vice Chairman Myers to table the Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications until agency comments are addressed.

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.

The sewage Planning Module is recommended for approval.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the sewage Planning Module and table the George & Mary Jean Tracey – 2 Lot Final Plan and Modification Request Applications until all agency reviews are complete and comments provided.

These applications were accepted for review and consideration on March 17, 2008. The niney day review period expires June 15, 2008.

This application has been reviewed by all required agencies.

The recommended action on the MR Application is as follows:

1. Section 403.3. – Existing feature Plan – The applicant requested that the plan be accepted with both the existing and proposed conditions shown on the same plan sheet. It is recommended that this be granted based on the justification and alternative provided.

2. Section 502.1.N – General Design Standards – Permanent Concrete Markers – The applicant requested that he be permitted to provide concrete monuments along Glenville Road only. As an alternative, and pursuant to the Township Engineer’s recommendation, the applicant will provide rebar and caps along the properties frontage on the St. John’s right-of-way. It is recommended that this be granted based on the justification and alternative provided.

3. Section 502.5.A. – Reconstruction of Existing Streets – The applicant requested the modification based on the premise that no additional traffic volumes will be generated as a result of the proposed action. It is recommended that this be granted based on the justification and alternative provided.

The sewage Planning Module is recommended for approval.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the sewage Planning Module and approve the John & Kathleen Urban – Add-on-plan.

These applications were submitted on April 3, 2008. The ninety day review period will expire on July 20, 2008.

This application has been reviewed by all required agencies.

A revised plan was forwarded to the municipal engineer on May 14, 2008, and a copy was received at our office on May 16, 2008. We have not received comments on the revised plan from our engineer and the plans were not submitted seven business days prior to this meeting which is required by ordinance.

Riebling stated that we could grant conditional approval conditioned on meeting outstanding engineering comments, but nothing could be done until the next Board meeting on June 16.

Supervisor Muir made a motion, seconded by Chairman Miller to conditionally approve the Michael & Tracy Groft – SWM Plan Application. Site work can begin conditioned on Township Manager Riebling receiving acknowledgement from the municipal engineer that all comments have been addressed.

These applications were submitted on April 9, 2008. A preliminary completeness review revealed minor deficiencies. The applicant was notified to correct these deficiencies and resubmit a revised application by April 18, 2008, in order for the Board to accept these applications. The requested revisions have been made. This application is recommended to accept for review and consideration. Upon acceptance, the review period will expire on July 20, 2008.

This application will be reviewed by the municipal planning commission on June 5, 2008.

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

These applications were submitted on April 18, 2008. A preliminary completeness review was not completed within the deadline of the regulations. Therefore, this application must be accepted for review and consideration. Upon acceptance, the review period will expire on August 17, 2008.

After a brief discussion in regards to the pre application meeting with the Board involving existing road reconstruction Chairman Miller made a motion, seconded by Vice Chairman Myers to accept for review and consideration the Small/Brenner (Landis Road) – Final Plan Application.

Riebling provided a draft architectural RFP to the Board of Supervisors for their review. Previously requested revisions were made.

Chairman Miller made a motion, seconded by Supervisor Muir to approve advertising for RFP and the release of the revised RFP for submission and opening on June 16, 2008.

No candidates at this time

Chairman Miller will provide a contact name and phone number for costing. 9

Road Master Smith stated that there are 2 projects in the works and one is still to be determined by Penn Township. Manheim Township Road Department can work these projects in their schedule.

Riebling reported that enforcement notices were mailed out and none came back as undeliverable from the post office. Most signage issues have been resolved.

No new candidates at this time

Four sealed bids were received and opened by Chairman Miller.

1 William Bollinger - $4,750.00 for the Truck

2 Leroy Walker - $4,050.00 for the Truck

3 Anthony Raia - $3,500.00 for the Truck

4 Scott Langston - $4,501.00 for the Truck

Supervisor Muir made a motion, seconded by Vice Chairman Myers to award the truck to the highest bidder William Bollinger in the amount of $4,750.00.

An advertised public meeting for the opening of material bids was held at the municipal building today, May 19, 2007 at 2:00 PM. All sealed bids were opened at this meeting. Township Manager Riebling opened and red to the audience the bid findings.

                                                    York Building Products

                                                            P/U Deliver

AASHTO #9                                     $8.50 $12.85

AASHTO #8                                     $8.50 $12.85

AASHTO #4 & #57                         $7.50 $11.85

2A/2RC Stone                                 $4.95 $ 9.30

Vendor                                             Vendor

Bituminous Paving         York Building Products