Minutes, Manheim Township Board of Supervisors Meeting

March 16, 2009

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

March 16, 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

Michelle Hershey, Secretary-Treasurer 

Solicitor:

John Elliot 

There were 6 persons in the audience. 

Chairman Miller called the meeting to order at 7:00 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-

Scott Barnhart with Hanover Land Services addressed the Board in regards to an engineering issue with the Dennis Bosley plan but was too late to be added to the agenda. Chairman Miller stated this could be discussed when they get to the subdivision reviews. 

David Miller provided information in regards to emergency preparedness. 

William Crumrine addressed the Board in regards to his add on subdivision plan applications. These applications were accepted by the Board for review and consideration on April 21, 2008 and unconditionally approved on June 16, 2008. The subdivision plan needed to be recorded within 90 days of approval. Mr. Crumrine did not get the plan recorded within the 90 days and he is asking for re-approval of his plan so that it may now be recorded. 

Chairman Miller made a motion, seconded by Supervisor Muir to re-approve the William & Michelle Crumrine – Add On Subdivision Plan Application.

Vote 3-0 

1. Reports –

Vice Chairman Myers made a motion, seconded by Supervisor Muir, to approve the consent package consisting of: monthly Board of Supervisors minutes 02/16/09, Planning Commission Minutes 03/05/09 draft, Recreation Committee Minutes 02/11/09 & 03/11/09 both drafts, no quorum, Auditor Minutes 02/18/09 approved, and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (02/09), SWRPD: Chief’s Report 03/11/09. Monthly Statistics 02/09 and Approved Minutes/Reports of 02/11/09.

Vote 3-0 

2. Solicitor Report –

Solicitor Elliot reported the he revised the normal cash security agreement that the township has. Solicitor Elliot stated that the township was willing to allow Manheim Elementary School to proceed without posting cash security or otherwise get a letter of credit or a bond. Solicitor Elliot modified the normal agreement to recognize that the school is empowered by the laws of Pennsylvania to levy taxes and in lieu of the cash security deposit they are pledging to guarantee the completion of the improvements by pledging their full faith in credit and taxing power given to them. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve the Improvement Guarantee Agreement between Manheim Elementary School and Manheim Township.

Vote 3-0 

Solicitor Elliot Reported that he has advertised on February 26, 2009 for the new agricultural security area proposal. The Planning Commission and Agricultural Security Area have up to 45 days to review and report on the proposals. After the 45 day review period the township is required to have a public hearing on the proposals. Solicitor Elliot stated that we must advertise for the public hearing at least 24 hours before the hearing takes place.  

Chairman Miller made a motion, seconded by Vice Chairman Myers to authorize Solicitor Elliot to publish the notification for the public hearing for next months meeting subject to confirmation from the Township Manager that review and reports have been received

Vote 3-0 

Solicitor Elliot reported that the office of Open Records that administrates the right to know law has issued an advisory opinion regarding municipal tape recordings of public meetings for purposes of drafting minutes. Solicitor Elliot reported that the Office of Open Records considers those to be public records. Solicitor Elliot stated that if we want to have a policy where the tapes are going to be erased or over written after the minutes are officially approved a specific retention policy should be administered to protect the township from any claims of destruction of public records. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve Solicitor Elliot to draw up a resolution authorizing tapes used for the purpose of drafting minutes to be erased once minutes are officially approved.

Vote 3-0 

3. Committee Reports – 

1. Southwestern Regional Police Department –

Next SWRPB meeting on April 8, 2009 at 7:00 pm at 6115 Thoman Road. 

Chief Bean reported that Manheim Township had 56 calls for service, 14 tickets, 31 written warnings and 2 arrests. 

Chief Bean presented a video showing the new in car camera systems that have been installed in the police patrol vehicles. 

2. EMA –

Nothing to report 

3. Rec. Board –

The next meeting will be April 8, 2009 @ 7:00 PM.

Barb Mills reported they are still looking for new members. The last two meetings they haven’t been able to have a quorum. 

4.  Local Government Advisory Committee-

January 28^th, 2009 meeting cancelled.

Next meeting April 1, 2009  

Lynn Smith reported that a project discussion took place in regards to Spring Grove Borough amending a section of their zoning ordinance by adding a new definition for Medical or Dental Facility. 

Lynn Smith reported that Littlestown Borough and Germany and Union Townships in Adams County have submitted a copy of their Draft Joint Comprehensive Plan, to the York County Planning Commission.   

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 March 18, 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. 

Chairman Miller made a motion, seconded by Supervisor Muir 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 outstanding 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 April 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. 

Scott Barnhart with Hanover Land Services addressed the Board to discuss his clients’ application and questioned whether the township accepted the road on the adjoining development.  The Board replied that the road has not been accepted to date. 

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 April 20, 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.
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 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 applications can remain on the table until outstanding agency comments are addressed and required approvals or notices are submitted. 

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 April 18, 2009. 

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

Two additional MR’s have been submitted and reviewed by required agencies. The following action is recommended on these requests: 

A conditional approval is recommended for this plan with the following conditions: 

1. Addressing municipal engineering comments number 2, 3, 5 and 6, dated March 16, 2009, and related to subdivision and land development regulations. Specifically, the variance and MR notes must be updated, sewage treatment and on-lot replacement areas and easements must be shown, a DEP approved sewage module must be provided and lighting photometrics at the property lines must be provided.
2. Addressing municipal engineering comments number 5, 6, 7, 8 and 10, dated March 16, 2009, and related to storm water management regulations. Specifically, a note requiring a professional geologist be contacted in the event carbonate geology is encountered, dewatering and infiltration times must be provided for SW facilities, anti-sep collars details must be revised, and an approved erosion and sedimentation control plan/NPDES Permit must be provided.
3. An Improvement Guarantee Agreement, as prepared specifically for this project by our municipal Solicitor, must be completed and executed.

Supervisor Muir made a motion, seconded by Chairman Miller to act on new modification requests as recommended and to conditionally approve the South Western School District – Manheim Elementary School Land Development Plan & MR Applications as presented.

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 applications can remain on the table until outstanding agency comments are addressed and required approvals or notices are submitted. 

New Applications:

None 

4. Unfinished Business –

Recreation Board Appointment

No interested volunteers 

Violation/Enforcement Issues - 

None 

Hemler ACO; Set RTO fees ($50.00 maximum, currently $25.00)

Chairman Miller reported that the Southwestern Regional Police Board voted to leave the rate at $25.00. Manheim Township will leave the rate as is at $25.00. 

5. New Business–  

Agricultural Security Area Modification Proposal

Riebling reported that we received the original proposal from Hokes and two days later we got a second proposal from the Wilts on Morning Star. Once the ad was published Homer Stambaugh added a parcel that was originally enrolled and subsequently underwent subdivision. The remainder of the residential subdivision was added on to another pre-existing tax parcel, thereby wiping out the original tax parcel that he entered in to the Agricultural Security Area. Mr. Stambaugh has submitted another proposal to get the new parcel in. Manager Riebling reported that he contacted York County Preservation Board and we are due in May to have a seven year review of the entire program. It was recommended to do the two proposals as original modifications and then do the seven year review to address Mr. Stambaugh’s parcel. 

Snow Emergency Declaration 2009-02

Chairman Miller made a motion, seconded by Supervisor Muir to approve the Snow Emergency Declaration – MTED 2009-02.

Vote 3-0 

Emergency Operations Plan Upadate; Resolution 462

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve EOP Resolution 462.

Vote 3-0 

Records Disposal Resolution 463

Chairman Miller made a motion, seconded by Supervisor Muir to approve the Records Disposal Resolution 463.

Vote 3-0 

Recreation Park Land Development Plan

Riebling reported that an agreement has been approved with Rettew to encompass doing the recreation park construction grant along with doing the land development plan.  

Riebling reported that he talked with Beth from DCNR who said the contract for the grant should be received around March. Riebling spoke with Beth from DCNR again and she said unfortunately the state level of bureaucracy has increased and we probably won’t see that contract for another couple of months. Riebling reported that Beth indicated verbal retroactivity which means we can spend money and it will count as a match. It was recommended to Riebling to get the retroactivity agreement in writing.  

Riebling reported he spoke with Rettew to get the current amount it would cost for the land development plan portion compared to the older original agreement.  The amount provided was $46,000.00 to $48,000.00 to do the entire land development plan; the original amount was $44,000.00. Upon getting approval from DCNR on retroactivity, Riebling suggested conditionally moving forward rather than putting this off until April.  

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the land development plan cost on condition of getting approval of retroactivity from DCNR in writing.

Vote 3-0  

Gypsy Moth Spray Program

Riebling reported that there will be no cost share for 2009. 

Legislative Update;

1.      Raising Minimums for Required Bidding – SB 319 & HB 607

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.      Digital flood plan maps 

Tax Collector Certification software

Riebling suggested purchasing training for five candidates, but no testing until after general election - $95.00. 

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the purchase of the Tax Collector Certification software at a cost of $95.00.

Vote 3-0 

Codorus Veterans Memorial Committee – Donation requested for memorial

The board declined making a donation but stated that the written request for donations will be posted on the township website, in the newsletter and displayed at the municipal building. 

Part time flagger position

Road Master Smith addressed the board in regards to hiring on a part time flagger to use when needed to try and save money by not using Flagger Force. Vice Chairman Myers stated that there is a huge liability issue without having a trained or certified person as a flagger. The board agreed that it would be best to just pay the extra cost and continue to use Flagger Force as needed. 

York County Land Preservation Board

Riebling reported that he received a letter from York County Planning in regards to York County Ag Land Preservation Board 2009 Conservation Easement Applications. The staff will be reviewing the sites with regard to various criteria in the development potential and clustering potential categories of the Farmland Ranking System. These criteria include Consistency with Local Land Use Plans, Distance to Growth Area/Rural Village, and Zoning. 

Copies of the 2009 list of applications were provided to the board for their review. The approximate acreage listed represents the acreage noted on the application. The actual acreage to be considered for the easement will be determined by the YCALPB staff as they qualify each application using a GIS Qualifying Program. 

If the township has any comments or concerns regarding any of the farm sites need to be submitted no later than Monday, April 13, 2009. Riebling indicated there are no apparent municipal concerns 

Architectural Firm Contract

Riebling reported that Ken Hammel contacted him in regards to the American Society of Architects updating the standard contract form. That form will have to be used which will take a little longer, but he would be willing to still use the old version. Chairman Miller asked why the old one couldn’t still be used. Riebling stated that the software support for the old version will end May 1, 2009 and any changes using the old form would have to be hand written in. Board had more questions that they would like Riebling to present to Hammel in regards to the contract form. Board would like to use the old contract if possible to get this moving forward. 

6. Purchase Requisitions -

Mayer Hydraulics – Pick up Truck Plow Lift Repair – NTE $520.00

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the Pick up truck plow lift repair with a not to exceed amount of $520.00

Vote 3-0 

S & S Tire - Dump Truck #3 Rear Tire Replacement - $1,450.00

Chairman Miller made a motion, seconded by Supervisor Muir to approve the purchase of 4 tires and 2 extra rims at a cost of $1,450.00.

Vote 3-0 

General Code – Codify Ordinances and Resolutions since mid 2006; NTE $3,000.00

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the not to exceed amount of $3,000.00 to General Code to codify ordinances and resolutions since mid 2006.

Vote 3-0 

7. Training Notices

Loren Riebling – Illegal Dump Clean Up; 10am until 2pm on March 24 at DEP S/C Office – Harrisburg: Free 

Loren Riebling and Rob Perry (MTPC Member) – Township Planners Seminar; 8:30 am until 11:30 am on both April 20 & 21 at Hershey Lodge (during PSATS Convention): $100.00 per person. 

Lynn Smith – Municipal Road Maintenance Symposium; 8 am until 4:30 pm on April 20, Noon until 4:30 pm on April 21 at PSATS Convention (Hershey): $50.00. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve the three training courses for Loren Riebling, Rob Perry and Lynn Smith with a total amount of $250.00.

Vote 3-0 

Next Meeting

Next Regular Meeting – April 20, 2009 at 7:00 PM. 

There being no further business Chairman Miller adjourned the meeting at 9:25 P.M. 

Respectfully Submitted,

Secretary-Treasurer