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MANHEIM TOWNSHIP 5191 Wool Mill Road Glenville, PA 17329 Minutes, Manheim Township Board of Supervisors Meeting January 5, 2009 The Manheim Township Board of Supervisors, York County, PA met on Monday, January 5, 2009 to reorganize for 2009 and transact the regular monthly business. The following were in attendance: Larry Miller Dwight Myers Matt Muir Township Staff: Loren Riebling, Township Manager Lynn Smith, Road Master Michelle Hershey, Secretary-Treasurer Solicitor: Not Present There were 3 persons in the audience. Supervisor Miller called the meeting to order at 7:00 PM with the Pledge to the Flag. Reorganization Meeting- Supervisor Miller made a motion, seconded by Supervisor Myers, to elect Matt Muir as temporary Chairman. Vote 3-0 Supervisor Muir made a motion, seconded by Supervisor Myers, to elect Larry Miller as Chairman of the Board. Vote 3-0 Supervisor Muir made a motion, seconded by Chairman Miller, to elect Dwight Myers as the Vice Chairman of the Board. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Michelle Hershey as Secretary-Treasurer. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to set amount of Treasurer’s and Manager’s Bonds at $550,000.00 each. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to establish monthly meeting location, time, and date for the Board of Supervisors meetings to be held the third Monday of the month at 7:00 PM. Secondary monthly meetings will be held the following Monday at 7:00 PM as needed, at the municipal building. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to establish monthly meeting location, time, and date for the Planning Commission-first Thursday of month at 7:00 PM; Zoning Hearing Board – 3rd Tuesday of the month at 7:30 PM; Recreation Board -2nd Wednesday at 7:00 PM, and authorize advertising recurring monthly Municipal Agency meetings. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Ream, Carr, Markey & Woloshin, LLP, and Attorney Gavin Markey as Solicitor for Board of Supervisors. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint PLGIT and PeoplesBank as the Banking Institutions for Cash Management & Investment Services for 2009. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Hanover Area EIT Bureau as the Wage Tax Collection Agency for 2009. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint PNC, formerly Bank of Hanover as the Banking Institution for Tax Collections. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to set Township Employees’ percentage rate of contribution to non-uniform employees’ pension fund at 3%. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint the Treasurer as Chief Administrative Officer for employee pension. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Rettew as Township Engineer. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint William Deal as the S.E.O and Douglas Stambaugh as the alternate Sewage Enforcement Officer for 2009. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Don Fahey as Member to Vacancy Board for 2009. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Bruce Weaver as a Zoning Hearing Board member with term expiration of December 31, 2011. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to set the pay rate for the Zoning Hearing Board members at $40.00 per case. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Robert Perry to the Planning Commission, with term expiring December 31, 2012. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Lynn Smith to the Recreation Board, with term expiring December 31, 2013. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Lynn Smith as the LGAC Representative and David Miller as the alternate LGAC Representative. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Matt Muir as the Representative to the Hanover Area Earned Income Tax Bureau. Vote 3-0 Chairman Miller made a motion, seconded by Supervisor Muir, to appoint Dwight Myers as the voting delegate to PSATS Convention. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Paige Wingert to the Southwestern Regional Police Board – 2 year appointment; expires 12/31/10. Vote 3-0 Chairman Miller made a motion, seconded by Supervisor Muir, to appoint Dwight Myers as the Chairman of Ag. Security Board. Vote 3-0 Chairman Miller made a motion, seconded by Supervisor Muir, to appoint Dwight Myers as the Representative to the South Western School District Liaison meetings. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to appoint Matt Muir as the Representative to the South Western Recreation Commission. Vote 3-0 Chairman Miller made a motion, seconded by Vice Chairman Myers, to adopt Resolution 456, establishing 2009 fee schedule. Vote 3-0 The Oath of Office administered by Notary Public, Michelle Hershey to Robert Perry, the new Planning Commission member. Additional Public Comment – None Chairman Miller Adjourned Reorganization Meeting at 7:10 PM. Chairman Miller convened the regular business meeting at 7:11 PM. 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 12/15/08 & 12/22/08 (candidate interviews), and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (12/08). Vote 3-0 2. Solicitor Report – Nothing to report 3. Committee Reports – 1. Southwestern Regional Police Department – Next SWRPB meeting, January 14, 2009 at 7:00 pm at 6115 Thoman Road. 2. EMA – Nothing to report 3. Rec. Board – The next meeting will be January 14, 2009 @ 7:00 PM. 4. Local Government Advisory Committee- Next meeting January 28, 2009. 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 applications can remain on the table 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 January 5, 2009. These applications have been reviewed by all required agencies with comments provided. The applicant has submitted a review period extension request. Upon favorable action, the time period will expire on April 20, 2009. Chairman Miller made a motion, seconded by Vice Chairman Myers to grant the extension request and table the Dennis Bosley Phase II – 8 lot Preliminary Plan and Modification Request Applications until all agency comments are addressed and required approvals or notices are submitted. Vote 3-0 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 January 5, 2009. The applicant has requested another extension of time to meet the conditions of approval. Upon favorable action, the extended time to meet conditions of approval would expire on April 20, 2009. Chairman Miller made a motion, seconded by Supervisor Muir to grant the extension request and table the Randal & Patricia Smith – 2 Lot Final Plan and Modification Request Applications until all agency comments are addressed and required approvals or notices are submitted. 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 applications can remain on the table until outstanding agency comments are addressed and required approvals or notices are submitted. George & Mary Jean Tracey – 2 Lot Final Plan and Modification Request Applications These applications were conditionally approved on July 21, 2008 with conditions needing to be met by February 16, 2009. The following conditions apply: 1. Provide Recreation Fee-in-lieu of $1,000.00. 2. Provide Private Street Agreement for Lots 1 and 2, to be recorded. 3. Provide cost estimate for turn around improvement and dry hydrant purchase and installation for approval by the municipal engineer. 4. Provide required financial security based on the cost estimate, or complete required improvements prior to recording the plan. The Board granted an additional modification on November 17, 2008, related to Section 502.7.A requirements for right of way and cartway widths, as well as construction standards, conditioned on providing an adequate emergency service provider turn around on the proposed widened shared driveway and the binding language related to future street improvements in the event of further subdivision being approved by our Solicitor. These are added conditions to approval. 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 January 18, 2009. These applications have been reviewed by the municipal engineer, the York County Planning Commission, and our municipal planning commission. The applicant has requested a ninety day extension to the review period. Upon favorable action, the extended review period would expire on April 18, 2009. Chairman Miller made a motion, seconded by Vice Chairman Myers to grant the ninety day extension request and table the South Western School District – Manheim Elementary School Land Development Plan & MR Applications until required reviews are completed and comments provided. Vote 3-0 New Applications: None 4. Unfinished Business – Recreation Board Appointment Recommendations will be provided at the February 16, 2009 meeting. Violation/Enforcement Issues - Update on MTZHB Case 08-260 - Riebling reported that the applicant will not be seeking the appeal or temporary special exception. Property should be vacated January 2009. Icing Issue on Baumgardner Road - Riebling reported that when the home was built only the foundation drain discharged next to the road. It now appears the roof drains are attached. This can be resolved through a stipulation on use certificate. Chimney Issue on Glenville Road Riebling reported that Linas from Lineboro Fire Company contacted him in regards to a call for a possible structure fire at 5742 Glenville Road. A passer-by stated she saw smoke coming from the basement at that location. What was discovered on arrival was smoke coming from a wood burning furnace. What is concerning is that the responders describe this furnace as make-shift at best and a very do-it yourself type installation. The furnace was vented thru the block foundation via a metal pipe coming out at a 90 degree angle and at ground level (thus the smoke scare). The homeowner stated that the unit passed inspection. He also shared that he could not afford to install the propane system that was intended for the residence. It is reasonable to be concerned that this furnace could possibly place the occupants' health and safety at risk if not properly installed. Sign issue on Wool Mill Road - Riebling reported that a resident on Wool Mill Road has put signs out in regards to legalizing medicinal marijuana use. The signs are not in the right of way, no action will be taken at this time. Tax Collector Compensation Suggested revisions for next term tax collector pay. • Real Estate Collection: $3.30 per bill • Special Assessment Fire Tax: $3.30 per bill • Act 511 taxes: 5% Commission Supervisor Muir made a motion, seconded by Vice Chairman Myers to adopt Resolution 458 Tax Collector Compensation. Vote 3-0 Architectural Firm Selection – Discussion Chairman Miller stated that he spoke with the architect and that the architect would work with the township to do itemized billing with a not to exceed amount of the quote. The time limit to hold the quoted price is April 2009. Board will have a special meeting on January 19, 2009 at 7:00 PM to discuss plan designs for the public works building. Chairman Miller made a motion, seconded by Vice Chairman Myers to approve advertising for the January 19, 2009 special meeting. Vote 3-0 5. New Business– Resolution 457 – Adopting Fourth Amendment to SWRPD Articles of Agreement Chairman Miller made a motion, seconded by Vice Chairman Myers to adopt Resolution 457 – Fourth Amendment to SWRPD Articles of Agreement. Vote 3-0 2008 Year End Balance Transfer to Beginning Balance for 2009 General Fund $115,453.39 Payroll Fund $ 1,507.37 PeoplesBank $ 706.07 Petty Cash $34.36 State Fund $23,656.10 Recreation Fund $93,905.64 Capital Reserve Fund $220,382.93 Fire Protection Fund $736.91 Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the 2008 year end balance transfer to beginning balance for 2009. Vote 3-0 Transfer $130,000.00 from Capital Reserve to General Fund Chairman Miller made a motion, seconded by Supervisor Muir to approve the transfer of $130,000.00 from Capital Reserve to General fund for 2009 operating expenses. Vote 3-0 Vacation Carry Over Request Riebling reported that the road department has 2008 vacation carry over due to bad weather during their vacation time off. • Lynn Smith 5.5 hours • Gerald Shue 4 hours • Dave Shue 4 hours Vice Chairman Myers made a motion, seconded Supervisor Muir to grant the 2008 vacation carry over requests. Vote 3-0 6. Purchase Requisitions - Road Master Smith reported that he received an annual agreement with quoted rates from Flagger Force. The cost would be $20.81 per hour per flagger and if the flagger has to bring a sign the cost would be $27.98 per hour. Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the annual agreement and quote if Flagger Force’s services are needed. Vote 3-0 7. Training Notices None Riebling made an announcement in regards to Equipment Operator, Gerald Shues 25 years of service to Manheim Township on January 3, 2009. Next Meeting Next Regular Meeting – February 16, 2009 at 7:00 PM. There being no further business Chairman Miller adjourned the meeting at 8:32 PM. Respectfully Submitted, Secretary-Treasurer
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