The Manheim Township Board of Supervisors, York County, PA met on Monday, September 15, 2008 to transact regular monthly business.

Larry Miller, Chairman

Dwight Myers, Vice Chairman

Matt Muir, Supervisor

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary-Treasurer

John Elliot

There were 10 persons in the audience.

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

One executive session on September 12, 2008 to discuss personnel matters.

Resident David Miller provided the Board with a copy of a speech he read allowed, titled Musings of an Old Man.

Chairman Miller made a motion, seconded by Vice Chairman Myers, to approve the consent package consisting of: monthly Board of Supervisors minutes (08/18/08), Planning Commission minutes for September 4, 2008 (draft), and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (08/08), SWRPD: Chiefs Report (09/10/08) monthly statistics (08/08), Approved Minutes/Reports 08/13/08.

Solicitor Elliot informed the Board that York County Planning Commission did not have 30 days allotted and that accepting the Ordinance will have to be postponed until the next meeting.

Chairman Miller opened the public hearing for comments on Codification Amendments – Ordinance 2008-1 at 7:10 pm. Riebling provided suggested minor revisions submitted by the

municipal engineer for Ordinance 2008-01. If accepted, these revisions can be forwarded to the York County Planning Commission for inclusion in their review. Solicitor Elliot indicated that these changes are minor and would not require re advertising the Ordinance.

Resident Geraldine Ambrosius asked the Board what the definition of a storage unit is. After a brief discussion in regard to PODS the public hearing was continued at 7:31 pm until October 20, 2008.

Chairman Miller made a motion, seconded by Vice Chairman Myers to have the minor revisions submitted by the municipal engineer added to Ordinance 2008-01.

Solicitor Elliot reviewed Resolutions 451 and 452 and advised the Board that they looked fine.

Next SWRPB meeting, October 8, 2008 at 7:00 pm at 6115 Thoman Road.

Chief Bean reported that Manheim Township had 57 calls for service, 32 traffic tickets, 59 written warnings, and 2 arrest charges.

Chief Bean reported on an incident where officers had to use their tasers and the positive outcome that came from the incident.

EMA Coordinator Susan Kolmer addressed the Board in regards to getting permission to approach adjoining municipalities in regionalizing the EMA program. The Board felt that is worth looking in to.

Riebling reported that the NIMS compliance metric has been submitted; Purchased a memory stick for EMA file portability; Susan Kolmer has completed the IS 200 certification.

The next meeting will be October 8, 2008 @ 7:00 PM.

Barb Mills reported a delay in removing large rocks due to the weather.

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These applications were accepted for review and consideration on July 7, 2005. The extended ninety day review period will expire on September 19, 2008.

The applicant has submitted a review period extension request for 90 days. Upon favorable action, the time period will expire on December 18, 2008.

Supervisor Muir made a motion, seconded by Vice Chairman Myers 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 all agency comments are addressed and required approvals or notices are submitted.

This application was accepted for review and consideration on February 19, 2007. The ninety day review period expiration will be October 20, 2008.

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

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

These applications were conditionally approved on July 21, 2008 with conditions needing to be met by October 19, 2008.

The required agency reviews have been completed and comments submitted.

The following conditions have been met at of September 15, 2008:

1. Submission of the recreation fee-in-lieu of $1,000.00.

2. Submission of outstanding engineering review fees of $733.01 past due since January 31, 2008.

3. Submission of road reconstruction fee-in-lieu of $6,804.00.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to unconditionally approve the Marlene Wildasin – 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 October 20, 2008.

The following conditions are incomplete as of August 18, 2008:

1. Providing a well yield certificate compliant with MR section 403.7.B, 409.4 – Water Feasibility Report.

2. Submission of a fee-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 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.

These applications were accepted for review and consideration on February 18, 2008. The extended limit of the review period expires November 14, 2008.

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.

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

These applications were conditionally approved on July 21, 2008 with conditions needing to be met by October 19, 2008.

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 applicant has submitted a conditional approval extension request. Upon favorable action, the time period to comply with conditions of approval will expire on February 16, 2009.

Chairman Miller made a motion, seconded by Vice Chairman Myers to grant the extension request to February 16, 2009.

This application was conditionally approved on September 17, 2007. With the current extended time period to meet conditions having expired September 14, 2008.

The applicant is requesting another 90 days to meet conditions of approval. Outstanding conditions include submission of a financial security agreement and financial security, as well as recreation fees. It is recommended that this extension be the last one granted. Upon favorable action the extended time to meet conditions would be December 13, 2008.

The preliminary plan approval provides a five year period in which amended regulations do not affect the plan and this preliminary plan was approved on July 17, 2006. It has been one year from final plan conditional approval with conditions yet to be met. If the extension is denied, the applicant would simply need to resubmit the final plan application for unconditional approval. This would assure that the required financial security is based on current construction costs.

Chairman Miller made a motion, seconded by Supervisor Muir to deny the 90 day extension request for Morgan Estates.

These applications were conditionally approved on July 21, 2008 with conditions needing to be met by October 19, 2008.

The following conditions apply:

1. Submission of $126,361.95 as a fee-in-lieu of existing street reconstruction.

2. Submission of recreation fee-in-lieu in the amount of $9,000.00.

This applicant has submitted a conditional approval extension request. Extensions for this application will be reviewed based on construction indices for the paving work to ensure that the fee-in-lieu is still adequate. At this time the amount is sufficient based on cost trends. Upon favorable action, the time period will expire on February 16, 2009.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to grant the extension request to February 16, 2009 for the Small/Brenner (Landis Road) – Final Plan Application.

The Board accepted these applications for review and consideration on July 21, 2008. The ninety day review period will expire on October 19, 2008.

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

The recommended action on the MR Application is as follows:

1. Section 403.C. – Existing Features – The applicant requested that the requirement of showing existing features on a separate sheet be modified to permit the alternative of existing and proposed features on the same sheet due being an add-on subdivision with little change between existing and proposed features. It is recommended that this request be granted.

2. Section 502.1.N – General Design Standards – Permanent Concrete Markers – The applicant requested that the requirement to provide concrete monuments be waived due to the fact that existing monumentation from prior surveys would have to be removed. It is recommended that this request be granted.

3. Section 502.5.A. – Reconstruction of Existing Streets – The applicant requested the modification based on the premise that no additional traffic volumes will be generated from this add-on subdivision. It is recommended that this request be granted.

The applicant has submitted a sewage planning waiver that has been approved by our SEO and municipal planning commission.

Chairman Miller made a motion, seconded by Vice Chairman Myers to grant Modification Requests; Section 403.C. – Existing Features, Section 502.1.N – General Design Standards – Concrete Markers, and Section 502.5.A. – Reconstruction of Existing Streets; Approve the Sewage Planning Waiver, and unconditionally approve the plan application provided that all required signatures are contained on the plans prior to municipal certification for the Russell Vansant – Lot Add-on & MR Applications, Camp Woods Road.

The Board accepted these applications for review and consideration on August 18, 2008. The 90 day review period will expire on November 16, 2008.

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

The recommended action on the MR Application is as follows:

1. 408.2. B – Project Location & Identification – The applicant requested that the requirement of showing all 12 items under Section 403.B, be modified and in the alternative show items relevant only to storm water management. It is recommended that this request be granted.

2. Section408.2.B.3 – Existing Features – The applicant requested that the requirement of showing all subsets of the 3 items under Section 403.C, be modified and in the alternative provide features relevant only to storm water management. It is recommended that this request be granted, conditioned on providing a bench mark and field run topography for the proposed disturbed area.

3. Section 408.2.B.4 – Proposed Features – The applicant requested that the requirement of showing all 16 items under Section 403.D, be modified and in the alternative provide features relevant only to storm water management. It is recommended that this request be granted, conditioned on revising the proposed features to comply with driveway grade and storm water management regulations based on field run topography.

Discussion on the swale carrying water across an 18 foot fill area to SWM Facility 2 ensued regarding relocation of the facility to the north side of the creek to avoid channelized storm water scouring and failure of the fill bank.

The plan application could be conditionally approved with the conditions of providing an approved erosion and sedimentation control plan, revisions as necessary from the above discussion and labeling and identifying the width and purpose of what appears to be a drainage easement.

The applicant’s representative indicated that the conditions on the modification requests have been met and shown on the revised plan. He has also identified the drainage easement and width. He also pointed out that the fill elevation is reduced based on field run topography which greatly reduces the chance of bank failure if storm water management facility 2 remains at the proposed location.

Vice Chairman Myers made a motion, seconded by Supervisor Muir to unconditionally approve the Ross Ridgeway Homes, LLC – SWM Plan & MR Applications – Lot 11 Wool Mill Road, without moving storm water management facility 2.

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No candidates at this time

Robert Mason of 6904 Hokes Road addressed the board in regards to the status of vehicles that have been removed from his property and provided vehicle information and last 4 VIN numbers for each vehicle.

Riebling reported that Mr. Jordan of Lilly Springs Rd. obtained a septic permit and will be submitting a zoning permit application.

Ken Hammel from Hammel Associates Architects, LLC addressed the Board in regards to the fee impact of delaying the architectural services for the public works building.

Mr. Hammel stated that if the start of the building design occurs in March/April 2009 and proceeds in accordance with the schedule contained in the proposal there would be no change in the design fees. Preparing and releasing the bidding documents in February/March 2010, then proceeding directly to construction would increase bidding and construction administration fees by 6% (948.00).

JA Myers – Allison Mill Partnership Development has requested a release of the financial security in the amount of $75,510.00.  

The recommended reduction by the municipal engineer is $36,245.40, leaving a balance of $39,264.60.

Chairman Miller made a motion, seconded by Supervisor Muir to grant a letter of credit reduction in the amount of $36,245.50 with a remaining balance of $39,264.60.

Chairman Miller made a motion, seconded by Vice Chairman Myers to adopt Resolution 450 – York County Hazard Mitigation Plan.

Chairman Miller made a motion, seconded by Supervisor Muir to adopt Resolution 451 – No Smoking Policy Revision.

Chairman Miller made a motion, seconded Vice Chairman Myers to adopt Resolution 452 – Reallocate General Fund Accounts for Allison Mill Road Project.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the transfer of $91,500.00 from Capital Reserve to General Fund for Allison Mill Rd. Project.

Chairman Miller made a motion, seconded by Supervisor Muir to accept to 2008-2009 PennDot Winter Maintenance Agreement.

Riebling provided a budget session process schedule to the Board. The Board agreed that the dates provided are acceptable in preparing the 2009 budget.

Chairman Miller made a motion, seconded by Supervisor Muir to approve the 2009 Pension MMO in the amount of $27,310.00

2009 draft budget was provided to the board. 2009 proposed budget is $1,580,894.77 a 4.23% increase from 2008. Manheim Townships share would be $289,490.29 or $72,372.57 per quarter. If Manheim Township gives 2% to Spring Grove Borough, Manheim Townships cost will be $257,872.39 or $64,465.10 per quarter.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to conditionally approve the Southwestern Regional Police Department 2009 Budget conditioned on receiving the 2% decrease.

Supervisor Muir made a motion, seconded by Chairman Miller to approve the appointment of Township Manager Riebling as alternate to The York Area Metropolitan Planning Organization.

Road Department – Crack Sealing Material - $1,450.80 from 438.000

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the purchase of crack sealing material in the amount of $1,450.80.

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Next Regular Meeting – October 20, 2008 at 7:00 PM

There being no further business Chairman Miller adjourned the meeting at 10.01 PM.

Respectfully Submitted,

Secretary-Treasurer