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Minutes, Manheim Township Board of Supervisors Meeting

January 2, 2007

The Manheim Township Board of Supervisors, York County, PA met on Tuesday, January 2, 2007 to reorganize for 2007.

The following were in attendance:

Peg Lee

Dwight Myers

Not Present

Larry Miller

Township Staff:

Loren Riebling, Township Manager

Michelle Hershey, Secretary-Treasurer

Solicitor:

Not Present

There were 2 persons in the audience.

Reorganization Meeting-

Supervisor Myers made a motion, seconded by Supervisor Lee, to elect Peg Lee as temporary Chairman.

Vote 2-0

Temporary Chairman Lee called the meeting to order at 4:05 PM.

Public Comment:

None

Temporary Chairman Lee made a motion, seconded by Supervisor Myers, to elect Larry Miller as Chairman of the Board.

Vote 2-0

Supervisor Lee made a motion, seconded by Supervisor Myers, to elect Dwight Myers as the Vice Chairman of the Board.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to appoint Michelle Hershey as Secretary-Treasurer.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to set amount of Treasurer’s and Manager’s Bonds at $550,000.00 each.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to establish monthly meeting location, time, and date for the Board of Supervisors and authorization to advertise such as is required by the Sunshine Law- 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 2-0

Supervisor Lee 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 -3rd Wednesday at 7:00 PM, and authorize advertising recurring monthly Municipal Agency meetings.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Kain, Brown & Roberts, LLP, Attorney Gavin Markey as Solicitor for Board of Supervisors.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to appoint PLGIT and PeoplesBank as the Banking Institutions for Cash Management & Investment Services for 2007

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Hanover Area EIT Bureau as the Wage Tax Collection Agency for 2007.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Bank of Hanover as the Banking Institution for Tax Collections for 2007.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to set Township’s percentage rate of contribution to non-uniform employees’ pension fund at 6%.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint the Treasurer as Chief Administrative Officer for employee pension.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to appoint Rettew as Township Engineer.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to appoint William Deal as the S.E.O and Bill Reyna as the alternate Sewage Enforcement Officer for 2007.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Don Fahey as Member to Vacancy Board for 2007.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Ron Orndorff to the Zoning Hearing Board, with term expiration of December 31, 2009.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to set the pay rate for the Zoning Hearing Board members at $40.00 per case.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to appoint Roman Lucabaugh, Jr. and David Miller to the Planning Commission, with terms expiring December 31, 2010.

Vote 2-0

An appointment on the Recreation Board is needed to fill vacancy position for Sharon Sobzsak.

Supervisor Lee made a motion, seconded by Vice Chairman Lee to postpone appointment until information is provided by the Recreation Committee.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to appoint Jeff Bonnerwith as the LGAC Representative and David Miller as the alternate LGAC Representative.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to appoint Peg Lee as the Representative to the Hanover Area Earned Income Tax.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to appoint Peg Lee as the voting delegate to PSATS Convention.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to approve paying for accommodations and travel expenses for Supervisor Lee to attend the 2007 PSATS Convention.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Paige Wingert as the Resident Representative to the Southwestern Regional Police Board – 2 year appointment; expires 12/31/08.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Dwight Myers as the Chairman of Ag. Security Board.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Larry Miller as the CVCOG (Building Codes) Representative; Term ends 12/31/07.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Dwight Myers as the Representative to the South Western School District Liaison meetings.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers, to appoint Dwight Myers as the Representative to the South Western Recreation Commission.

Vote 2-0

Supervisor Lee made a motion, seconded by Vice Chairman Myers to adopt Resolution 432, establishing a 1.0 mill Real Estate tax rate.

Vote 2-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee to adopt Resolution 433, establishing 2007 Fee Schedule.

Vote 2-0

Next Meeting

January 15, 2007 at 7:00 PM

There being no further business Supervisor Lee adjourned the meeting at 4:25 PM.

Respectfully Submitted,

Michelle E. Hershey

Secretary-Treasurer

 

The Manheim Township Board of Supervisors, York County, PA met on Monday, January 15, 2007, to transact the regular monthly business.

The following were in attendance:

Larry Miller, Chairman

Dwight Myers, Vice Chairman

Peg Lee, Supervisor

Township Staff:

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary-Treasurer

Solicitor:

John Elliot

There were 5 persons in the audience.

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

No Executive Sessions

Chairman Miller gave the following announcement(s):

bullet Lineboro VFD Fundraiser – Information displayed and available on the web.                                       

Fund raising projects for Manheim Adventure:

bullet Ink Jet Cartridge & Cell Phone recycling- Mailer bags available or drop off at the office.
bullet Flamingo Flocking Fundraiser.

Public Comments-

Jack & Delores Ward addressed the Board of Supervisors in regards to their property. They have two houses on one property and they want to have the property divided from one property to two properties. A plan was approved and signed on September 2, 1976 but was never recorded with the York County recorders office. Mr. & Mrs. Ward were told by York County that they needed to resubmit their plan to the Board of Supervisors and have the plan signed and dated in order to be able to now record their plan with York County.

Solicitor Elliot stated that they did get a variance for this in 1976 and it was approved so you could basically look at this as a technicality that it wasn’t recorded but everything transpired which would have let them do that but it was simply an oversight. Solicitor Elliot felt that this

wasn’t going to cause in legal issues by going ahead and signing the plan so that it can be recorded properly.

David Miller addressed the Board of Supervisors stating that they should be required to record their corrected deeds at the same time they record their signed plan.

Supervisor Lee made a motion, seconded by Vice Chairman Myers to conditionally approve the Jack & Delores Ward plan that was signed on September 2, 1976 and will resign the plan so that it can be recorded in York County on the condition that the deeds are recorded at the same time as the plan.

Vote 3-0

1. Reports –

Vice Chairman Myers made a motion, seconded by Supervisor Lee, to approve the consent package consisting of: monthly Board of Supervisors minutes (12/18/06 & Reorganization 01/02/07), Planning Commission minutes for January 4, 2007 (draft), Recreation Committee minutes for November 15, 2006 and reports from the following: Manager, Treasurer, Zoning, Road Department, SEO (12/06), and Southwestern Regional Police Department Activity Report (12/06), Southwestern Regional Police Department approved minutes (12/13/06) & Southwestern Regional Police Department Staff Reports (01/07).

Vote 3-0

2. 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 currently extended ninety day review period will expire on December 29, 2006. The extended ninety day review period will expire on March 29, 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.

This application can remain tabled until all agency comments are addressed and required approvals or notices are submitted.

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 February 24, 2007.

Review comments have been received from all necessary agencies regarding these applications. 3

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 April 13, 2007.

This application can remain tabled until all agency comments are addressed.

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 March 24, 2007.

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

This plan can remain tabled until all agency comments are addressed and revised plans submitted.

Bertha Berwager – Lot Add-on Plan and Modification Request Applications

These plans were accepted for review and consideration on November 20, 2006. The ninety day review period will expire on February 19, 2006.

Review comments have been received from all necessary agencies regarding these applications.

Based on the review comments, three additional modification requests were submitted to the Manheim Township Planning Commission for consideration on January 4, 2007. These requests have been submitted to the Township Engineer as well. In total, there are four MR’s for consideration.

Based on the nature of the plan and comments received, the commendation on the Modification Request application is as follows:

1. Sections 403.3 & 403.4 – Separate sheets for existing and proposed features: Grant based on the justification and alternative provided.

2. Section 403.3.D – Wetlands Study: Grant based on the justification and alternative provided.

3. Sections 403.4.N, 511.C.4 & 502.C.5 – Sewage facility replacement location, testing and easement – Grant based on the justification and alternative provided.

4. Sections 502.5.A.1, 502.5.A.4 & 502.5.E – Reconstruction of existing streets and dedication of additional right of way – Grant based on the justification and alternative provided.

Supervisor Lee made a motion, seconded by Vice Chairman Myers to grant Sections 403.3, 403.4, 403.3.D, 403.4.N, 511.C.4 & 502.C.5, 502.5.A.1, 502.5.A.4 & 502.5.E for the Bertha Berwager – Lot Add- on Plan and Modification Request Applications.

Vote 3-0

Chairman Miller made a motion, seconded by Supervisor Lee to approve the planning waiver for the Bertha Berwager – Lot Add- on Plan and Modification Request Applications.

Vote 3-0

Vice Chairman Myers made a motion, seconded by Supervisor Lee to table the Bertha Berwager – Lot Add- on Plan and Modification Request Applications until agency comments are addressed.

Vote 3-0

KEM Construction – 8 Lot Final Plan Application

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

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

Vice Chairman Myers made a motion, seconded by Supervisor Lee to table any action on KEM Construction – 8 Lot Final Plan Application until the conditions of the preliminary plan approval are satisfied.

Vote 3-0

New Applications:

Paige Wingert – Sketch Plan

The applicant has requested that this sketch plan be reviewed at the February 19, 2007, Board meeting.

3. Solicitor Report –

Solicitor Elliot reported that Chairman Miller and Township Manager Riebling met with Solicitors Markey & Elliot regarding some issues with South Western Regional Police Department Headquarters acquisition with some questions raised by a letter received from the North Codorus Solicitor. Discussion that took place was about the title of the building; we concluded that it was appropriate for the Police Board to hold title to the building as opposed to each of the municipalities collectively holding title.

Chairman Miller stated there was a lengthy discussion on the Police Board holding title to the building and the Municipalities named as trustees. Solicitor Elliot stated that it sounded a little odd to him to do that, but he will verify with Solicitor Markey because everything is protected in the Articles of Agreement.

Solicitor Elliot reported that he would be working with Riebling in preparing a deed for the Berwager property acquisition.

Solicitor Elliot had nothing further to report.

Committee Reports –

4. EMA – No report. Meeting on Odd Months only. Next meeting on Thursday, January 18, 2007 at 7:00 pm.

5. Rec. Board –

The next meeting will be January 17, 2007 @ 7:00 PM.

6. LGAC-

None

7. Southwestern Regional Police Department –

Next SWRPB meeting, February 14, 2007 at 7:00 pm at 6115 Thoman Road.

Sergeant Dixon reported that there were 399 calls for service in the month of November. Manheim Township had 45 calls for service, 19 tickets and 20 warnings issued, and 6 arrests.

Sergeant Dixon had nothing further to report.

8. Unfinished Business –

Indoor Air Quality Assessment – Air Handler/Exchanger

Chairman Miller stated that he was in the process of looking into some of the equipment that would be needed but has not come up with a price yet.

South Western Regional Police Department Police Headquarters Purchase Agreement

Chairman Miller reported that the suggested plan is that the Police Board holds the title rather than in the name of each individual municipality. We are waiting to see if North Codorus is going to be in agreement.

Resident Geraldine Ambrosious addressed the Board asking what would the ramifications of one of the municipalities wanting to pull out of the agreement, what the difference would be if the Board had authorization or if the Municipalities had authorization. Chairman Miller stated it is easier for them to pull out if the Board has title to the building.

Geraldine Ambrosious asked why Solicitor Tilley stated that it would protect the Municipalities. Riebling stated if the Police Board holds title and the equity keeps growing over time, it could be appealing for a member to pull out to take advantage of gaining the equity. Riebling said that what could be done is to set it up that if it’s not unanimously agreed to part ways as a department you only take out what you put in. If they all agree to disband then you get the equity with it and that would prevent a member from wanting to leave to take advantage of the equity.

David Miller asked the Board about indebtedness if the Police Department should have some type of legal action taken against them. Geraldine Ambrosious stated that the township already

had indebtedness and that Chairman Miller should inform everyone the amount in regards to the pension. The amount is $234,471.00 as of 2003. Chairman Miller stated the debt will remain the same and not increase the reason for the indebtedness is because we did not have pension fund monies in the equivalent of what was needed for the Act 60 Police Department. David Miller stated that indebtedness we already knew about going into the Regional Police Department with our eyes open, his concern is a court issue and they are sued and it is 10 million dollars against SWRPD and the Police Board is responsible so that would be an indebtedness and if the Police Department would break up you are talking about equity you might want to adjust or assess for any unforeseen indebtedness. Chairman Miller stated that is something that we will look for when we get a copy of the agreement to finally approve.

Chairman Miller stated as far as the pension debt the way they are looking to handle this has not been approved, but they are saying in the event the pension fund falls short at any time due to retirements and so forth where the townships need to kick in more money, they are saying Manheim Township would kick in first because our indebtedness is the most. Then it would be Spring Grove, Heidelberg and then North Codorus. Chairman Miller stated at this point state aide is covering everything but at the most it would be a contribution of $20,000.00 to $30,000.00 and theoretically it would be sometime before we would have to pay anything.

9. New Business–

Resolution 434 – Records Disposal Authorization

Vice Chairman Myers made a motion, seconded by Supervisor Lee to adopt Resolution 434 – Records Disposal Authorization.

Vote 3-0

Capital Reserve Transfer

Supervisor Lee made a motion, seconded by Vice Chairman Myers to approve the transfer of $60,000.00 from the General Fund to the Capital Reserve Fund to go towards to purchase of the Police Headquarters and the Municipal Complex planning as approved in the 2007 budget.

Vote 3-0

Pension Meeting with PSATS

Riebling reported that a PSATS representative would be available to meet with the Board in regards to the pension plan on Sunday April 22, 2007 between 1:00 PM – 5:00 PM at the PSATS Convention. A time will be decided at the next Board of Supervisors meeting.

Meeting with Township Engineer on municipal complex planning

Chairman Miller directed Riebling to get a time and date that the Township Engineer is available and they would go from there to set up a date and time when they will meet.

Authorize Secretary/Treasurer to float a worked Holiday instead of overtime pay (May 15)

Riebling reported that the Secretary/Treasurer will be attending the IIMC convention on the May 15th, 2007 holiday. Secretary/Treasurer requested to take another day off instead of collecting overtime pay.

Supervisor Lee made a motion, seconded by Vice Chairman Myers to approve the Secretary/Treasurer to take another day off for the worked holiday on May 15, 2007 instead of collecting overtime pay.

Vote 3-0

Hanover Purchasing COG

Supervisor Lee made a motion, seconded by Chairman Miller not to participate with Hanover Purchasing COG.

Vote 3-0

Group Hanover Meeting

Riebling reported that he received the appraisal for the Berwager property in the amount of $5,000.00 for 1/3 acre. Supervisor Lee and Riebling met with Ms. Berwager and she agreed to the purchase price of $5,000.00.

Vice Chairman Myers made a motion, seconded by Supervisor Lee to purchase the 1/3 acre from Ms. Berwager in the amount of $5,000.00.

Purchase Requisitions

None

Training Notices (Brochures included in report)

Audits & Financial Statements: 5:30 PM to 9:30 PM, February 28, 2007, Cumberland County, $35.00 per person Michelle and Loren to attend.

Supervisor Lee made a motion, seconded by Vice Chairman Myers to approve Michelle and Loren to attend the Audits & Financial Statements seminar on February 28, 2007 with a cost of $35.00 per person.

Vote 3-0

Stormwater BMP Manual Workshop: February 13 & 14, 2007, Lebanon, Loren to attend at a cost of $100.00 per person for both days.

Chairman Miller made a motion, seconded by Supervisor Lee to approve Loren attending the Stormwater BMP Manual Workshop on February 13 & 14, 2007 at a cost of $100.00

Vote 3-0

Resident Ed Gately addressed the Board of Supervisors requesting to attend the PSATS training "What You Need to Know About GIS and Geospatial Technology" in Cumberland on 01/31/07 and requested that the township pay the fee of $35.00.

Supervisor Lee made a motion, seconded by Vice Chairman Myers to approve Ed Gately to attend the PSATS training "What You Need to Know About GIS and Geospatial Technology" in Cumberland on 01/31/07 and for the township to pay the $35.00 fee.

Vote 3-0

Next Meeting

Next Regular Meeting – February 19, 2007 at 7:00 PM

There being no further business Chairman Miller adjourned the meeting at 8:15 PM.

Respectfully Submitted,

Michelle E. Hershey

Secretary-Treasurer