The Manheim Township Board of Supervisors, York County, PA met on Monday, October 20, 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 5 persons in the audience.

Chairman Miller called the meeting to order at 7:03 PM with the Pledge to the Flag.

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Supervisor Muir made a motion, seconded by Vice Chairman Myers, to approve the consent package consisting of: monthly Board of Supervisors minutes (09/15/08), and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (09/08), SWRPD: Chiefs Report (10/08/08) monthly statistics (09/08), Approved Minutes/Reports 09/10/08.

Solicitor Elliot informed the Board that 3 comments were received back from the York County Planning Commission. It was recommended to accept 2 of the comments: Section 11: Under 204.5.B.3; replace "this amount" with "maximum sizes set forth in 204.5.B.1 or 204.5.B.2" and Section 12: Under 301.2.D; Change "maintained" to "located." Solicitor Elliot stated the third comment for consideration under 304.2. York County Planning Commission asks if a 10 x 20 space will be required for motorcycles, ATV’s, snow mobiles, etc. The intent here is to require an off street space for each car or truck utilized by occupants of the dwelling rather than deal with on street parking issues, not providing a space for all items defined "vehicles."

Solicitor Elliot stated that he recommends adding a sentence for example; "for purposes of this subsection the term vehicle shall not include motorized transportation intended for off road use such as all terrain vehicles, snow mobiles and off road motorcycles."

Chairman Miller reopened the public hearing for comments on Codification Amendments – Ordinance 2008-1 at 7:15 pm. There were no comments; Chairman Miller closed the public hearing at 7:18 pm.

Chairman Miller made a motion, seconded by Supervisor Muir to approve Ordinance 2008-01 with the changes noted.

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

Next SWRPB meeting, November 12, 2008 at 7:00 pm at 6115 Thoman Road.

Manheim Township had 49 calls for service, 29 traffic tickets, 44 written warnings, and no arrest charges.

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The next meeting will be November 12, 2008 @ 7:00 PM.

Field is graded and seeded.

Barb Mills asked the Board to approve funds for the purchase of construction fence and signage for the winter season to keep people off the newly seeded field and for safety purposes.

Chairman Miller made a motion, seconded by Supervisor Muir to approve a not to exceed amount of $500.00 for the purchase of construction fence and signage for the recreation park.

Next Meeting October 30, 2008.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve Lynn Smith and David Miller to attend the full committee dinner on October 30, 2008 at a cost of $67.30.

These applications were accepted for review and consideration on July 7, 2005. The extended ninety day review period will expire on December 18, 2008.

The applicant’s new engineering firm submitted revised plans on September 25, 2008. Our municipal engineer is reviewing these plans and may have comments in time for the Board meeting. However, due to revised storm water planning, There may be some outstanding

comments that need to be addressed before the Board can further act on these applications. Additionally, a new MR has been submitted that will need to be reviewed by our municipal planning commission prior to Board action on this request.

The applications can remain on the table until outstanding 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.

The applicant has submitted a review period extension request. Upon favorable action, the time period will expire on January 5, 2009.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to grant the review period extension request to expire on January 5, 2009.

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 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.

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 applicant has submitted a 180 day review period extension request.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to grant the 180 day review period extension request.

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.

These applications were conditionally approved on July 21, 2008 with conditions needing to be met by February 16, 2009.

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.

All conditions have been met and recommended for unconditional approval

Chairman Miller made a motion, seconded by Vice Chairman Myers to unconditionally approve the Small/Brenner (Landis Road) – Final Plan Application.

This application was submitted on September 26, 2008. The simple purpose of this plan is to revise the lot line between lots 13 and 14 to capture the existing water well on lot 13 instead of on the property line.

This application can be accepted for review and consideration. Upon acceptance, the ninety day review period expiration will be January 18, 2009.

Chairman Miller made a motion, seconded by Vice Chairman Myers to accept for review and consideration the KEM – Blue Hill Road Revised Final Plan Application and waive the municipal engineer review.

These applications were submitted on October 9, 2008. A preliminary application review was completed on October 14, 2008, with 13 minor deficiencies noted. This information was conveyed to the applicant’s engineer via a phone conversation and faxing hand written notes. The applicant declined a formal letter and indicated that the corrections would be made and submitted prior to the Board meeting.

South Western School District is requesting that due to being a quasi-public entity the fees for the land development application and the variance application be waived. The land development application fee is $250.00 and the zoning hearing application fee is $400.00. While the land development fee covers township manager’s time invested in review and reporting, the zoning hearing fee covers invoiced expenses such as legally required advertising, the stenographic fee and the pay to the Zoning Hearing Board Members.

The corrected applications were received and verified, so these applications can be accepted for review and consideration, conditioned on the result of the fee waiver decision. Upon acceptance, the ninety day review period expiration will be January 18, 2009.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to accept for review and consideration the South Western School District – Manheim Elementary School Land Development Plan & MR Applications and waive the land development fee of $250.00 and the zoning hearing application fee of $400.00

No candidates at this time

Riebling reported that he did not receive the monthly update from Robert Mason of 6904 Hokes Road in regards to the status of vehicles that have been removed from his property.

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

Riebling reported that Custom Excavators has been on notice that a zoning violation exists since July 5, 2007, due to the commercial use of the property without Zoning Hearing Board authorization or land development plan approval. Riebling was informed late last year that the business is working to move to another approved location with no definitive timeline. A definitive timeline needs to be set in order to avoid the appearance of lack of action or favoritism, and subsequently having more problems like this crop up. Riebling intends to work with the owner to set a deadline for zoning compliance and if the deadline is not met, enforcement action will be taken. Riebling suggest six months for a deadline, which would be May 1, 2009. That would be 22 months since the first notice. The Board authorized Riebling to send the owner notification.

A discussion ensued in regards to the Separations Act which binds us in specific manners when we build or modify a building.

After a lengthy discussion in regards to different options for design/construction of the publics work building the board requested that Township Manager Riebling continue to look in to other options. The board would like to hold off on any decisions until they can get a better idea on the future economy.

Proposal for the creation or Modification of an Agricultural Security Area was submitted for the Adams property located on Park Road. The total Acreage in area is 93.4364.

Chairman Miller made a motion, seconded by Supervisor Muir to have Solicitor Elliot advertise for the Modification being received and accepted and for the 15 day public review period.

Riebling reported that a quote was received from Cohen Law Firm who is specific in dealing with cable franchise agreements. Currently we have costs through one legal firm of $3,700.00 and $5,300.00, depending on how many municipalities participate. Another law firm indicates that it could be more cost effective, but no detailed information has yet been provided.

Riebling reported that the 2009 draft budget is ready to be reviewed for the budget meeting.

Riebling provided a trend information sheet to the Board on revenue received from 2003 to present.

Riebling reported that the Tax Collector’s Compensation level can be changed by the Board for the next elected term that runs January 1, 2010 through December 31, 2013. Any action to change the current commission rate of 4% of taxes collected must occur prior to February 15, 2009, in order to apply to the next Tax Collector’s term. The current commission is paid for collection of Act 511 taxes, including per capita and occupation taxes, and for collection of the real estate tax for both the general and the fire protection funds.

Several options exist for compensating the Tax Collector. Two of the several viable for Manheim Township are commission and fixed rate per bill. We could adjust the commission or implement a fixed rate per bill, but based on the total amount collected and the number of bills collected, a combination of per bill and commission seems the most viable.

The Board authorized Baker’s to be able to display their menu at the municipal building.

Road Department – Fabrication/Retrofitting of salt spreader for Truck 2: NTE $520.00

Road Department – Hydraulic hoses for boom mower: Emergency purchase to finish round 3 mowing; $439.90.

Road Department – Safety inspection of bucket truck man lift & hydraulic filter: $450.00.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the 3 purchase requisitions presented.

Manager & EMA Coordinator – EMA Radio Training, October 22, 7 – 10 PM, No cost.

Next Advertised Meeting – October 27, 2008 at 7:00 PM for 2009 Budget

Next Regular Meeting – November 17, 2008 at 7:00 PM.

There being no further business Chairman Miller adjourned the meeting at 9:45 PM.

Respectfully Submitted,

Michelle E Hershey

Secretary-Treasurer

The Manheim Township Board of Supervisors, York County, PA met on Monday, October 27, 2008, to discuss the 2009 preliminary budget and any business brought before the board monthly business.

Larry Miller, Chairman

Dwight Myers, Vice Chairman

Matt Muir, Supervisor

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary/Treasurer

Not Present

There were 7 persons in the audience.

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

None

Affirm review extension granted to January 5, 2009.

Chairman Miller made a motion, seconded by Supervisor Myers to affirm review extension granted to January 5, 2009.

Riebling distributed to the Board letters sent to General Steel and Morton Building to get overall costs for design and construction of public works building.

Representatives from all three volunteer fire companies were present. The Board questioned the fire companies on how they thought the formula for allocations should be configured.

After a lengthy discussion all three volunteer fire companies came to an agreement that the funds should be distributed as listed; Jefferson Volunteer Fire Company 25%; Pleasant Hill Volunteer Fire Company 25%; Lineboro Fire Company 50%.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the 2008 allocation of State Aide and Fire Tax in the amount of $56,167.19 be divided:

1.  Jefferson Fire Company at 25% total of $14,041.80.
2.  Pleasant Hill Fire Company at 25% total of $14,041.80.
3.  Lineboro Fire Company at % 50% total of $28,083.60.

Lineboro Fire Company allocation will be paid out only from the Fire Tax Fund. Jefferson Fire Company and Pleasant Hill Fire Company will split the remaining funds evenly from the Fire Tax and split the 2008 state aide allocation.

This formula will stay in affect until changes are deemed necessary.

Lineboro Fire Company also wanted to let the Board know that they have received phone calls in regards to their fundraising letters that were distributed to Pennsylvania stating that no money is given to them from Pennsylvania. They will be creating a new fundraising letter that will go out specifically to Pennsylvania residents.

Chairman Miller made a motion, seconded by Supervisor Muir to approve the 2009 contract with Hemler Animal Control Services in the amount of $1,275.00 per year, paid through Southwestern Regional Police Department.

Budget discussion ensued. Planned administrative and Recreation Board requests, road projects, Capital equipment purchase planning, quarter one operating reserve needs, cost increases and real estate market impacts were reviewed.

Contributions were accepted as presented except for deleting the Lineboro Fire Co. & Ambulance fund.

The Board set the wage increase range for 2009 with a base rate of 3% and .5% merit increase. H = 4.5% M = 4% L = 3.5%

Next Regular Meeting – November 17, 2008 at 7:00 PM

There being no further business Chairman Miller adjourned the meeting at 10:45 PM.

Respectfully Submitted,

Michelle E. Hershey

Secretary/Treasurer