The Manheim Township Board of Supervisors, York County, PA met on Monday, April 16, 2007, to transact the regular monthly business.

Larry Miller, Chairman

Dwight Myers, Vice Chairman

Peg Lee, Supervisor

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary-Treasurer

John Elliot, Esq.

There were 12 persons in the audience.

Chairman Miller called the meeting to order at 7:06 PM with the Pledge to the Flag.

No Executive Sessions

Resident Gail Groft of 6556 Wolfgang School Road, Glen Rock addressed the Board of Supervisors in regards to the outcome of the letter sent to Penn Dot in regards to the study for the three way stop being put in at the intersection of Blue Hill Road and Glenville Road. Riebling reported that he provided the Board with information that he received. Chairman Miller stated the information states that they are in the process of doing a study and the results won’t be back for at least 30 days. Supervisor Lee stated that she spoke to Senator Waugh’s assistant and he stated that they had received the letter from the township and the information was passed on. Chairman Miller stated he called Representative Miller’s office and left a message with Representative Miller’s assistant. All appropriate agencies have been contacted by the township as requested by the residents.

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to approve the consent package consisting of: monthly Board of Supervisors minutes (03/19/07), Planning Commission minutes for April 05, 2007 (draft), Recreation Committee minutes – none provided, last viewed February 17, 2007 (draft) and reports from the following: Manager, Zoning, Road Department, SEO (03/07), and Southwestern Regional Police Department Monthly Statistics (03/07), Southwestern Regional Police Department approved minutes (03/14/07), Southwestern Regional Police Department Chiefs Report (04/11/07).

Solicitor Elliot reported that he has reviewed the latest draft on Southwestern Regional Police Department Headquarter purchase agreement that he received from Solicitor Tilley, which incorporated changes from the municipalities that made suggestions. Solicitor Elliot stated that the agreement presented looks good.

Solicitor Elliot reported that Riebling shared a copy of the proposed Resolution 435 – Escalator Clause. He reviewed it and checked it against the Pennsylvania Code Provision and it looks fine from a legal stand point.

Solicitor Elliot reported that her received a rule to show cause from Riebling in respect to the Bergstresser property for delinquent taxes. This property is going up for tax sale and if for any reason the township would object the time to do so would be April 27, 2007 at the Judicial Center the court will have a mass hearing on any objections to the proceeding of this tax sale. If there are no objections the court will sell the property at the tax sale for at a minimum the amount of taxes due on the property. Solicitor Elliot state he didn’t feel that a representative needed to attend to contest the matter.

Riebling reported that the last communication for Mr. Wheltle in regards to the fine payment due was when payment arrangements were set up and a $100.00 payment was made. It was in agreement that Mr. Wheltle would make payment installments every 30 days. A payment was due on March 31^{st and has yet to} be received. The Board ask Solicitor Elliot to draw up a collection letter to be sent to Mr. Wheltle.

Chairman Miller made a motion, seconded by Supervisor Lee to have Solicitor Elliot draw up a collection letter to send to Mr. Wheltle.

Vote 3-0

Solicitor Elliot reported that there has been a slight delay in the Berwager real estate purchase we need to get in touch with the mortgage company and get a release of the mortgage with respect to the parcel that’s being transferred to the township.

Solicitor Elliot had nothing further to report.

3. Committee Reports –

1. Southwestern Regional Police Department –

Next SWRPB meeting, April 11, 2007 at 7:00 pm at 6115 Thoman Road.

Chief Bean reported that there were 427 calls for service in the month of March. Manheim Township had 55 calls for service, 37 tickets and 38 warnings issued, and 2 arrests.

Chief Bean discussed the traffic issue on Blue Hill Road and Glenville Road that has been a topic. Chief Bean stated that another intersection had similar issues and Penn Dot is working to resolve that. About 4 months ago the police department was contacted by Penn Dot and the state representative in regards to Hobart Road and Black Rock Road. Residents had some concerns with traffic and a car had ended up in a garage and Penn Dot had requested statistics for that sight. The research that the police department did there was to find out speeds, what is

the issue, was it an engineering problem, signage problem, people not obeying the law by disregarding the signage. It took the police department about 4 months until they got some resolution. Penn Dot discovered from the results that it was a signage problem, high speeds were not the issue. At that particular intersection they are going to enlarge the stop sign and move it. Chief Bean stated that a lot of the roadways haven’t changed at all but the travel has. There are issues that are easy to resolve and with the assistance of the township, Penn Dot and the police department resolutions do eventually come and make it safer.

Chief Bean had nothing further to report.

2. EMA – No report. Meeting on Odd Months only. Next meeting on Thursday, May 17, 2007 at 7:00 pm.

3. Rec. Board –

The next meeting will be March 18, 2007 @ 7:00 PM.

Supervisor Lee stated that the Basket Bingo will take place on May 6th at Porters and the cost is $12.00 per person

4. LGAC-

Mr. Bonnerwith had nothing to report.

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 27, 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.

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

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 May 25, 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.

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 July 12, 2007.

A review period extension request has been submitted for consideration. Approval of this request would extend the application expiration through July 12, 2007. This application can be tabled until all agency comments are addressed and a revised plan submitted.

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

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 June 22, 2007.

The plan has been reviewed by all required agencies and comments provided.

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

KEM Construction – 8 Lot Final Plan Applications

This application was accepted for review and consideration on December 18, 2006. The ninety day review period expiration date is June 16, 2007.

Riebling recommended tabling any action on this plan until the conditions of the preliminary plan approval are satisfied.

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

Paige Wingert – Sketch Plan

The objective of this sketch plan is to provide the IRS with a municipal opinion or position on potential land value if the property were developed to its full potential under the current Zoning regulations. The applicant, while recognizing that this will be an informal review, is requesting that somewhat detailed comments or minutes be provided regarding the number of building rights available and regulatory limitations on the sketch plan presented. The intent would be to provide these comments and sketch plans for tax credit purposes related to the donated value of the easement. A successful easement donation would preserve the entire tract in perpetuity with penalties for violation of the easement agreement.

Chairman Miller made a motion, seconded by Supervisor Lee to informally approve the number of lots proposed in Manheim Township as the maximum potential development for the Paige Wingert sketch plan subject to West Manheim Township review and concurrence with proposals under their zoning requirements.

Vote 3-0

6661 Grave Run Road (Meckley) – 7 lot Final 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 May 20, 2007

The applicant has submitted a ninety day review period extension request for consideration. If approved, the review period would expire August 18, 2007.

All required reviews are completed and comments provided.

Based on the nature of the application and review comments provided, the recommended action on the MR Application is as follows:

1. 1. Section 305 – Waive Preliminary Plan Requirements; Deny due to lack of justification and numerous comments.
2. 2. Section 309 – Waive storm water management plan requirements; Deny due to lack of justification and the 2 year storm even post development reduction requirement in our storm water ordinance.
3. 3. Section 403.1.A – Plan Scale; Grant for existing features sheet, but disturbed areas and proposed features must be shown at a minimum 1"=50’.
4. 4. Section 409.1 – Water Feasibility Study; Grant provided well certificates meeting minimum yield and drawdown requirements are submitted prior to preliminary plan approval with contained and adjoining existing wells within 200 feet of parent tract being monitored for interference.
5. 5. Section 409.2 – Sewer Feasibility Study; Grant based on justification provided an approved sewage module or exemption is submitted prior to preliminary plan approval.
6. 6. Section 409.4 – Wetland Report; Grant provided a study is conducted within the newly proposed Lot 1 and the current wetlands do not extend onto other proposed lots. Additionally, the wetlands notation required in Section 409.4.F must be added to the plan.
7. 7. Section 502.5.A.1 – Existing Street Reconstruction; Table until Manheim Planning Commission has reviewed additional information and provides comments.

Chairman Miller made a motion, seconded by Supervisor Lee to grant the modification requests as recommended by the Township Manager.

Vote 3-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee to grant the 90 day review period extension request.

Vote 3-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers to table the 6661 Grave Run Road (Meckly) – 7 lot Final Plan and Modification Request Applications until additional required comments and necessary plan revisions are submitted.

Vote 3-0

Dry Bridge LP – Separation 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 May 20, 2007.

The applicant has submitted a ninety day review period extension request for consideration. If approved, the review period would expire August 18, 2007.

All required reviews are completed and comments provided.

Based on the nature of the application and review comments provided, the recommended action on the MR Application is as follows:

1. 1. Section 309 – Waive storm water management plan requirement; grant based on justification.
2. 2. Section 403.1.A – Plan Scale; Grant based on justification provided all data is legible.
3. 3. Section 409.1 – Water Feasibility Study; Grant based on justification.
4. 4. Section 409.2 – Sewer Feasibility Study; Grant based on justification provided an approved sewage module or exemption is submitted prior to preliminary plan approval.
5. 5. Section 409.4 – Wetland Report; Grant based on justification provided the wetlands notation required in Section 409.4.F is added to the plan regarding Lot 1.
6. 6. Section 502.5.A.1 – Existing Street Reconstruction; Grant based on justification.
7. 7. Section 512 – Recreation area or fee in lieu; Grant provided the fee for the newly created lot 2 is provided at the time Lot 2 is further developed or appropriate area is dedicated through future development.

The sewage exemption application for this project is recommended for approval.

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

Vote 3-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers to grant modification request application for Section 309, Section 403.1.A, Section 409.1, Section 409.2, Section 409.4, and Section 502.5.A.1 as recommended but deny section 512.

Vote 3-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers to approve the sewage exemption application for the Dry Bridge LP – Separation Plan.

Vote 3-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee to table the Dry Bridge LP – Separation Plan and Modification Request Applications until additional required comments and necessary plan revisions 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 May 20, 2007.

The applicant has submitted a ninety day review period extension request for consideration. If approved, the review period would expire August 18, 2007.

The Manheim Township Engineer did not receive the Modification Request Application from the applicant for review. There for, further action on these applications can remain tabled.

Supervisor Lee made a motion, seconded by Vice Chairman Myers to grant the ninety day review period extension.

Vote 3-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee to table the Dennis Bosley Phase II – 8 lot Preliminary Plan and Modification Request Applications.

Vote 3-0

P.H. Glatfelter Company – 2 lot Minor Subdivision 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 May 20, 2007.

The applicant has submitted a ninety day review period extension request for consideration. If approved, the review period would expire August 18, 2007.

All required reviews are completed and comments provided.

Based on the nature of the application and review comments provided, the recommended action on the MR Applications is as follows:

1. Section 403.2.G – Existing Lot Line Markers; Grant based on justification.

2. Section 403.3.A – Field Run Contours; Grant based on justification.

3. Section 403.3.B – Existing Features within 200 fee; Grant provided a note is added to the plan verifying that there are no existing man-made features within 100 feet.

4. Section 409.1 – Water Feasibility Study; Grant provided data on existing water supply to the existing dwelling is provided.

5. Section 409.4 – Wetland Report; Grant based on justification.

6. Section 502-5.A.1 – Existing Street Reconstruction; Grant based on justification.

7. Section 511.5.A – Sewage testing on proposed remaining vacant tract; Grant based on justification. 

The sewage planning module for this project is recommended for approval.

Vice chairman Myers made a motion, seconded by Supervisor Lee to grant the 90 day extension request.

Vote 3-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee to approve modification request application on Section 403.2.G, Section 403.3.A, Section 403.3.B, Section 409.1, Section 409.4, Section 502.5.A.1, Section 511.5.A/502.11.4, as recommended.

Vote 3-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers to approve the sewage planning module for the P.H. Glatfelter Company – 2 Lot Minor Subdivision Plan.

Vote 3-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers to table the P.H. Glatfelter Company – 2 Lot Minor Subdivision Plan until necessary plan revisions are submitted.

Vote 3-0

New Applications:

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

This application was submitted on March 28, 2007. Some deficiencies were found during the preliminary review. The applicant was given an opportunity to submit a revised application addressing the deficiencies. Revised applications have been submitted and these applications appear to be complete.

It is recommended that this application be accepted for review and consideration.

Upon acceptance the ninety day review period will expire July 15, 2007.

Supervisor Lee made a motion, seconded by Vice chairman Myers to accept for review and consideration the Glenville Hollow Farms (Yingling) – 11 Lot Preliminary Plan and Modification Request Applications.

Vote 3-0

Kneller Plan – Zumbrum Road

Riebling reported that an extension had been approved to give more time for the conditions to be met and the plan recorded. Mr. Kneller has met all the conditions; the grey water issue has been resolved with the adjoining property; they simply revised the plan to show that the pipe was removed and no longer crossing the property line. Riebling has verified that the pipe has been removed; they also have had the SEO over at the property. Riebling reported that any grey water discharge has been redirected to the appropriate septic tank. Riebling reported that the plan is now ready to be recorded and has met the other conditions already; however by the time Mr. Kneller go to the revised plan the additional 90 day window to record the plan had expired. Riebling stated that this is up for a simple re-approval where by we would date the plan April 16, 2007 and allow him 90 days to record this plan.

Chairman Miller made a motion, seconded by supervisor Lee to re-approve the Kneller plan – Zumbrum Road dated April 16, 2007.

Vote 3-0

4. Unfinished Business –

Indoor Air Quality Assessment – Air Handler/Exchanger

Chairman Miller stated that he has looked into different types of Air Handler/Exchangers and has found it difficult to find one that would work in our building. Chairman Miller provided a business card to Riebling requesting him to call and get a quote.

Pension Meeting with PSATS & Seminar Information

The Board of Supervisors confirmed they will meet with PSATS to discuss pension options on Sunday, April 22, 2007 at 2:00 P.M. in the Tower Board Room, Hershey Lodge.

Truck Purchase Options – Updated Information

Riebling provided a spread sheet to the Board with updated information on two options that could be available for purchasing a new truck, which would be either the current plan or an optional plan to buy the truck outright.

Vice Chairman Myers made a motion, seconded by Supervisor Lee to use the optional plan to purchase a replacement for truck 1.

Vote 3-0

Municipal Complex Planning - Status

A special meeting has been scheduled for Thursday, May 11th at 3:00 PM to review concepts for the Municipal Complex.

New Cell Phones & Service Plan – Discussion (Old service discontinued)

Riebling reported that a comparison was completed between Cingular and Verizon to see which had the best coverage in the township. The comparison showed that Cingular provides the best coverage and it is recommended to have the push to talk feature. It is recommended that the employees be able to use this phone for personal usage as they are on call 24/7. The Board requested that a policy be drawn up for person usage before authorization to purchase the cell phone.

SEO Information (Alternate resignation and new appointment)

Riebling reported that the SEO is no longer contemplating a buy out from Hanover Land Services. The SEO is in the process of replacing the alternate SEO Bell Reyna.

5. New Business–

Resolution 435 – Asphalt Escalator Clause

Supervisor Lee made a motion, seconded by Vice Chairman Myers to enact Resolution 435 – Asphalt Escalator Clause.

Vote 3-0

Road Material Bid Opening –

An advertised public meeting for the opening of material bids was held at the municipal building today, April 16, 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.

The following bids were submitted for aggregate materials:

Materials

                                    Vendor                                 Vendor

                                On- Minerals York             Building Products 

                                    P/U             Deliver         P/U         Deliver

AASHTO #9             No Bid         No Bid         $9.00     $12.80

AASHTO #8             $9.90         $13.05         $7.50       $11.30

AASHTO #4 & #57 $8.80         $11.95         $6.75         $10.55

2A/2RC Stone         $7.30         $10.45         $4.75         $8.55

The following bids were submitted for asphalt materials:

Materials

                                                    Vendor                         Vendor                             Vendor

                                            Bituminous Paving         York Building Products         Kinsley

                                                P/U        Deliver                 P/U        Deliver            P/U         Delivery

9.5 mm Superpave             $37.00   $41.65             $36.95      $41.35             $41.00     $46.25

The following bids were submitted for road oil:

Materials

                                                Vendor                         Vendor                             Vendor

                                           Stewart-Tate                 Hammaker                             Wilson

                                               Deliver                         Deliver                                 Deliver

CRS-2 Oil                             $1.27                            $1.59                                    $1.85

The following bid was submitted for fuels:

Materials