Supervisor Muir made a motion, seconded by Chairman Miller to approve purchase requisitions as presented.

Vote 2-0 

Municipal Insurances

Riebling informed the board that there is a $1,391.62 saving for the municipal insurance premiums for 2009. 

Recreation Park Grant

Riebling reported that the recreation park grant contract has been received. 

There being no further business Chairman Miller recessed at 7:10 pm until continuation meeting on April 27, 2009 at 7:00 PM. 

Respectfully Submitted,

Secretary/Treasurer

Minutes, Manheim Township Board of Supervisors Meeting

April 27, 2009

The Manheim Township Board of Supervisors, York County, PA met on Monday, April 27, 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 

Solicitor:

John Elliot 

Municipal Engineering Representative; Tim Staub 

There were 12 persons in the audience. 

Chairman Miller reconvened the continued meeting of 04/20/09 at 7:03 PM with the Pledge to the Flag. 

Announcements-

1. Household Hazardous Waste Collection; Saturday, May 2, 2009, 9AM to 1PM Northern Middle School 655 S. Baltimore Street, Dillsburg, PA 17019
2. Gypsy Moth Spray Plan; between last week in April and the second week in May and should be completed in 5-7 days.

Public Comments-

None 

1. Reports –

Supervisor Muir made a motion, seconded by Vice Chairman Myers, to approve the consent package consisting of: monthly Board of Supervisors minutes 03/16/09 & 04/20/09, Planning Commission Minutes 04/02/09 draft, Recreation Committee Minutes, none provided; last viewed notes of March 11, 2009, Auditor Minutes 03/03/09 & 03/17/09 approved, Auditor’s close out letter to Board 03/23/09 and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (03/09), SWRPD: Chief’s Report 04/08/09. Monthly Statistics 03/09 and Approved Minutes/Reports of 03/11/09.

Vote 3-0 

2. Solicitor Report –

Solicitor Elliot reported that he prepared a resolution regarding recording policy for the erasure of tapes that are used in preparation of the official minutes.  

Vice Chairman Myers made a motion, seconded by Supervisor Muir to adopt Resolution 464 meeting recording tape retention policy.

Vote 3-0 

Solicitor Elliot reported that he advertised the hearing for the proposed amendments to the Ag Security Area.  Chairman Miller opened the public hearing for the proposed amendments to the Ag Security Area. With there being no public comment on the proposed amendments to the Ag Security Area Chairman Mill closed the public hearing. Solicitor Elliot reported that a resolution has been prepared in the event the Board is prepared to accept the proposal with the additions proposed by the planning commission, Resolution 465. 

Riebling reported that the York County Planning Commission did review the proposals and the only comment they have of note is that the parcel that was recommended to be added and owned by Mr. Stambaugh did not meet the 10 acre minimum requirement. However, it is surrounded on all sides by land that is being included in the Ag Security Area, so it is adjoining Ag Security Area parcel and is permitted to be acceptable. 

Chairman Miller made a motion, seconded by Supervisor Muir to adopt Resolution 465 Agricultural Security Area Modification Proposal.

Vote 3-0 

Solicitor Elliot reported that the Board may want to consider adopting an official policy on how emails between township employees, officials, etc discussing township business will be identified and kept due to the new right to know laws. 

3. Committee Reports – 

1. Southwestern Regional Police Department –

Next SWRPB meeting on May 13, 2009 at 7:00 pm at 6115 Thoman Road. 

2. EMA –

Nothing to report 

3. Rec. Board –

The next meeting will be May 13, 2009 @ 7:00 PM.

Barb Mills reported that more work has been done at the park. 

Partial payment request for $100,000.00 sent April 22, 2009 to DCNR for grant seed funds. 

Riebling reported that he authorized the road department to do some work at the park to prepare for the weekend. There were supposed to be volunteers but because of the rain they weren’t able to do a whole lot with the moisture in the ground. Riebling would like to get the boards authorization to continue to do that because it can’t be put towards the grant. This is work being done out of the General Fund payroll because this is work being done prior to the grant being awarded. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the road crew spending time to finish phase 1A of the recreation park.

Vote 3-0 

Riebling reported that Tim Staub from Rettew would like to go over the meeting schedule to get the program started. Tim Staub stated they were just authorized by the township to move forward with the DCNR grant and the contract. Mr. Staub stated that this week they will have some crews out to do the survey work and the wetlands delineation. Once that occurs the information will be processed and compared to the site layout to compare the topo. Mr. Staub will return for the May 13^th Recreation Board meeting to discuss if the layout will still work or if modification with the trail system will be needed, address E & S concerns as well as ADA concerns. Once approval is received from the Recreation Board to move the project forward he will then submit land development plans to the Planning Commission. Once that is processed the major grading will be able to start in the fall. 

4.  Local Government Advisory Committee-

Next meeting April 29, 2009  

Lynn Smith reported that a lot of comprehensive plans are being reviewed or townships are joining together to do regional comprehensive plans.  

Lynn Smith reported that the full committee meeting will be held on May 13, 2009 at the York Fair grounds in recognition of its 50 year anniversary. 

4.  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 16, 2009. 

All required reviews are complete with comments provided. 

The applicant has submitted a review period extension request for 90 days. Upon favorable action, the time period will expire on June 16, 2009. 

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 July 20, 2009. 

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

The applications can remain on the table until outstanding 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 July 20, 2009. 

Riebling reported that one of the conditions is that they provide use and maintenance agreement for Shue Lane. After a review by Riebling it looks more like just a maintenance agreement that binds the existing owners to that maintenance percentage. It says nothing about the heirs and assigns being able to use the right of way. Their attorney says that it’s already written in the deeds but Riebling has yet to see any deeds that set forth the right of way.  

Solicitor Elliot reviewed the language that the parties’ attorney prepared and it deviates from the standard maintenance agreement language that’s been used in the past.  They specifically stated that this agreement does not run with the land and that it’s only binding on the three particular parties that are entering in to it. Solicitor Elliot suggested that we don’t want to deviate from the normal practice having the agreement run with the land, so that  if they sell the property and the new owner comes in this won’t have to be redone every time. There will be no question of the rights and the responsibility of the owners. Solicitor Elliot stated that the standard language also has a provision in the event if the owners do not clear and or maintain the lane the township would have the right but not the obligation if they choose, to come in and repair or keep access clear for purposes of emergency vehicles and charge the owners their appropriate share. If they fail to pay that could then be placed as a municipal lien on their properties and none of that language is included in the proposal by the parties.  

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.
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.

Chairman Miller made a motion, seconded by Supervisor Muir to deny the Use and Maintenance agreement presented for Shue Lane because it does not meet our standards.

Vote 3-0 

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 May 13, 2009. 

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 this request 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.

The sewage facilities planning module for this application was approved by the Board on November 17, 2008 

The applicant has submitted a review period extension request for 90 days. Upon favorable action, the time period will expire on August 11, 2009. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to grant to 90 day extension request and table the Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications until all agency comments are addressed and required approvals or notices are submitted.

Vote 3-0 

South Western School District – Manheim Elementary School Land Development Plan & MR Applications

These applications were accepted for review and consideration on October 20, 2008. The ninety day review period expiration will be July 17, 2009. 

These applications have been reviewed by the municipal engineer, the York County Planning Commission, and our municipal planning commission. 

Discussion ensued with Solicitor Elliot, Tim Staub of Rettew, Township Manager Riebling and Matt Chorba of GPI on how to resolve down stream property owners denial of easement. 

Chairman Miller recessed to executive session at 8:05 PM and reconvened at 8:15 PM 

Chairman Miller stated after looking at the information given by counsel and engineer that the school district is looking for a waiver of the requirement for the easement agreements. Chairman Miller stated that was not needed because the pre and post outfall meets the townships requirements but the fact that watersheds are being redirected falls under 510.B.4.C that needs to be reconsidered.  Chairman Miller stated that there may be an alternative method that can be used. Our Ordinance also does not allow discharge on to the road right of way but the possibility of a modification of that requirement is there if you can show that there is no other way. 

The Board was informed that the school district has received approval from the Conservation District and the NPDES and also erosion and sedimentation control. 

Solicitor Elliot stated that the Board could conditionally approve based upon the approval from the engineer proofing and certifying that it is acceptable. 

Supervisor Muir suggested that the two engineers get together and see if they can work the plan to divert the water to go down 216. If it comes to where this can’t happen and the school district can demonstrate a hardship the township can revisit the one resident who doesn’t want to sign off and we’ve done everything we can and then at that point we look at the good of the township. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to conditionally approve on modification request section 510.D.10 which states you can not disburse water on to the road right of way and that will be conditioned on the township engineer and the school district engineer coming to an agreement also with the agreement of the township solicitor upon finalization and if that does not happen a special meeting will be advertised to discuss other alternatives.

Vote 3-0  

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 May 17, 2009. 

York County Planning has reviewed this application and comments have been provided. Our municipal engineer and local planning commission have not reviewed this application due to a delay in submission from the applicant’s consultant. 

The applicant has submitted a review period extension request for 90 days. Upon favorable action, the time period will expire on August 15, 2009. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to grant the 90 day extension request and table the Dan Rodgers – Lot 6 Grave Run Road – 3 lot Final Plan Application until required reviews are completed and comments provided.

Vote 3-0 

Harold & Linda Smith – Revised Final Plan & MR Applications

These applications were accepted by the Board for review and consideration on April 20, 2009. The 90 day review period will expire on July 19, 2009. 

These applications can remain tabled until agency reviews are completed 

New Applications:

Ricky & Christie Eisenhart – Lot Add-on Plan & MR Applications

These applications were submitted on April 15, 2009. The initial review was completed on April 21 with several deficiencies revealed. The applicant and his engineer were notified and given until close of business on April 24 to submit corrected plans. It is recommended that the Board accept these applications for review and consideration. Upon acceptance, the 90 day review period will expire July 26, 2009. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to accept for review and consideration the Ricky & Christie Eisenhart – Lot Add-on Plan & MR Applications.

Vote 3-0 

4. Unfinished Business –

Recreation Board Appointment

Barb Mills reported that they have two appointments for the Recreation Board; Jeff Geiman and Deborah Dickmyer. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to appoint Jeff Geiman with a term expiration date of 12/31/2013 and Deborah Dickmyer with a term expiration date of 12/31/2009 to the Recreation Board.

Vote 3-0 

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

3.      School Impact Fees – SB552

4.      Auto extensions on S/D & permits – SB 569

 5. New Business–

York County Department of Emergency Services – EMS Dispatch Policy Change

The Board received a letter in regards to York County Department of Emergency Services 911 Communications Center are looking to revise their policy #80.9D. That policy is known as the Emergency Conditions Policy. The proposed change/addition to the policy is as such: 

During inclement weather conditions and or during periods of time that the 911 Center is operating under Emergency Operation Conditions EMS will not be initially dispatched on unknown injury accidents. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to deny the York County Department of Emergency Services - EMS dispatch policy change request.

Vote 3-0 

Inmate Work Crew MOU

Riebling reported that York County Sheriff’s Office has implemented an inmate work crew program. Inmate work crews can assist in projects such as brush removal, road side garbage pickup, snow removal and other various projects. 

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the use of the Inmate Work Crew program and enter the MOU.

Vote 3-0 

Tax Collector Software and Computer – Discussion

After a brief discussion the board asked Riebling to make a recommendation for the tax collector software and computer for the May 18, 2009 meeting. 

Get Well Card to Andy Richardson

Vice Chairman Myers suggested that a get well card be sent to West Manheim Township Manager Andy Richardson due to being hit by a car during the PSATS Convention. The Board agreed.  

Pension Audit

Riebling reported that in the pension audit for 2006/2007 a finding was made that the township owes back to the state $3,147.00 due to receiving more money in 2006 than our pension plan required us to allocate. The township didn’t get the annual financial statement from Sterling for 2006 so that over funding was not found until this audit.  

Chairman Miller requested that a notation be put on next month financial report to track what account it was applied to. 

Discussion on Public Works Building Design

Road Master Smith addressed the Board where they are at as far as the public works building.  Riebling reported that the contract was received from Hammel. Rough draft drawings will be reviewed at next months meeting to send over to Hammel. 

6. Purchase Requisitions -

Calcium Chloride Application for Dirt Roads; JMG - $5,820.00

Chairman Miller made a motion, seconded by Supervisor Muir to approve the Calcium Chloride Application for Dirt Road; JMG in the amount of $5,820.00

Vote 3-0 

Sign Facing Material – US Municipal – Grant Pricing TBD

US Municipal Supply $3,067.50, grant for sign facing material is 20%.

Chairman Miller made a motion, seconded by Supervisor Muir to approve the purchase of Sign Facing Material with a NTE budget amount of $2,500.00.

Vote 3-0 

7. Training Notices

None 

Next Meeting

Next Regular Meeting – May 18, 2009 at 7:00 PM. 

There being no further business Chairman Miller adjourned the meeting at 9:50P.M. 

Respectfully Submitted,

Secretary-Treasurer