The Manheim Township Board of Supervisors, York County, PA met on Monday, November 17, 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 9 persons in the audience.

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

None

None

Vice Chairman Myers made a motion, seconded by Chairman Miller, to approve the consent package consisting of: monthly Board of Supervisors minutes (10/20/08 & 10/27/08), and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (10/08), SWRPD: Chiefs Report (11/12/08) monthly statistics (10/08).

Solicitor Elliot reported that the advertisement for proposed modification to the Agricultural Security Area was advertised and appeared in the October 31, 2008 newspaper. The 15 day period for any written public comment has expired. The next step is the proposed modification submitted to the planning commission and the Ag Security Area Advisory Council. They have at least 45 days to review and comment. After the 45 days a public hearing would be held.

Resident Joan Thompson of 1804 Sinsheim Rd. addressed the board in regards to a concern as to how Agricultural Security Area designation would impact settlement of the family estate.

Solicitor Elliot stated that the Agricultural Security Area designation would not have an impact on any settlement of the family estate.

Solicitor Elliot reported that he got information in regards to the bid letting capability for the design of the public works building. The board wanted information on if we could let this out as a design build contract vs. if we are required to operate under the Separations Act. After researching, it’s not a settled area of law. If in fact we are required to follow the Separations Act, we would have to have whoever designs the building prepare separate specs for each of the four areas that are required under the Separations Act. Solicitor Elliot stated that you can’t do a design build contract where there is one person doing everything from start to finish. Solicitor Elliot stated that there really isn’t any case law and that Township Manager Riebling did contact PSATS and they stated since it is such a grey area townships are covered by the Separations Act and they need to follow that. Solicitor Elliot stated that since this is such a grey area that if we did pursue doing this without following the Separations Act we could face litigation issues.

Solicitor Elliot reported that the appeal of the Zoning Hearing Board Case regarding the Stadter matter several months ago agreed to allow that matter to be stayed pending the idea that Stadter was going to come up with an alternate theory or proposal so that the property wouldn’t be in violation of the zoning ordinance. Riebling stated that it is up to them to file the paperwork regarding the appeal because we have filed the record, everything that was presented as part of that case was forwarded to the court system to get the record in. Solicitor Elliot stated that we need to find out if they are serious about having an alternate proposal that might be effective or tell them they’ve waited too long and give them 30 days to file their brief if they want to keep the appeal going.

Chairman Miller made a motion, seconded by Vice Chairman Myers to have Solicitor Elliot write a letter to Stadter’s attorney indicating a 30 day deadline to proceed with the appeal or file an alternate zoning hearing application. The previously granted enforcement abeyance would be withdrawn if the deadline passes with no action.

Next SWRPB meeting, December 10, 2008 at 7:00 pm at 6115 Thoman Road.

Officer Stalcup reported that Manheim Township had 56 calls for service, 24 traffic tickets, 70 written warnings, and 5 arrest charges.

Officer Stalcup reported that there was an officer out on Halloween passing out candy on Blue Hill Road. Officer Stalcup stated that the new radio system is now being implemented and that the police department provided traffic control for the funeral of Officer Tome of Northern York County Regional Police Department.

Riebling reported that the digital radios have been received. The radios have been tested and are fully operational.

The next meeting will be December 10, 2008 @ 7:00 PM.

Barb Mills reported that fencing has been installed and 6 no trespassing signs have been posted. Barb Mills reported that due to the economy they have voted against having a basket bingo in the spring of 2009.

Next Meeting November 25, 2008.

The October 30th dinner meeting was cancelled.

LGAC Representative Smith reported that there were 11 different applications submitted. Smith stated the Felton Borough is developing a subdivision/land ordinance they have never had one. Jackson and Paradise Township are working on a joint Comprehensive Plan.

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 has reviewed these plans and comments have been provided. The new MR was recommended for approval by our municipal engineer. The request is to permit an alternate type of storm water calculation to be utilized. Due to the nature of the request, it was not necessary to have this reviewed by the municipal planning commission. The plan is currently under review by PennDOT for a revised HOP. The applicant indicated that the municipal engineer’s comments would not be addressed until the PennDOT review is completed.

Riebling recommended granting the MR for Section 510.3.A.2.c and permitting the use of TR 55 SCS method for sizing storm water detention facilities.

Chairman Miller made a motion, seconded by Vice Chairman Myers to grant MR 510.3.A.2.c for the West Winds Estates (Blue Hill/New connector to Orchard View Drive, Binner property) – 13 lot Preliminary Plan and Modification Request Applications and table until outstanding comments are addressed and required approvals or notices are submitted.

Vote 2-0

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 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 January 5, 2009.

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

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 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.

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 has been approved by our SEO and our municipal planning commission. It is recommended for approval by the Board.

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the sewage planning module for Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications and table until all agency comments are addressed and required approvals or notices are submitted.

Vote 2-0

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.

An additional modification request was submitted on October 30, 2008, related to Section 502.7.A requirements for right of way and cartway widths, as well as construction standards. This MR has been reviewed by the municipal planning commission and the municipal engineer’s review is proposed to be waived due to the nature of the request.

The MR is recommended for approval conditioned on providing an adequate emergency service provider turn around on the proposed widened shared driveway and the binding use & maintenance agreement language related to future street improvements in the event of further subdivision being approved by our solicitor. These would be added conditions on the application approval.

Chairman Miller made a motion, seconded by Vice Chairman Myers to conditionally approve the George & Mary Jean Tracey – 2 Lot Final Plan and Modification Request Applications 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.

Vote 2-0

KEM – Blue Hill Road – Revised 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 was accepted for review and consideration and the municipal engineer’s review was waived by the Board on October 20, 2008. The ninety day review period expiration will be January 18, 2009.

The municipal and county planning commissions have reviewed this application. County did not have any comments. Our planning commission requested that the new offsets between the well serving lot 13 and lot 13 property lines be listed on the plan. The applicant indicated that is was added. Simple verification is needed during the meeting.

Upon verification that the offsets have been added, this application is recommended for unconditional approval.

Chairman Miller made a motion, seconded by Vice Chairman Myers to grant unconditional approval for the KEM – Blue Hill Road – Revised Final Plan Application.

Vote 2-0

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 are currently under review by our municipal engineer. The municipal planning commission will review these applications on December 4, 2008.

These applications can be tabled until required reviews are completed and comments provided.

Chairman Miller made a motion, seconded by Vice Chairman Myers to table the South Western School District – Manheim Elementary School Land Development Plan & MR Applications until required reviews are completed and comments provided.

New Applications:

None

4. Unfinished Business –

Recreation Board Resignation & Appointment

No candidates at this time

Violation/Enforcement Issues

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 the letter was sent to Custom Excavators and has not heard back from them.

5. New Business–

Agricultural Security Area Modification Proposal - Adams

Chairman Miller made a motion, seconded by Vice Chairman Myers for Solicitor Elliot to advertise for public hearing on December 15, 2008.

Vote 2-0

Manheim Township 2009 Draft Budget Progress – Discussion

Riebling reported that requested revisions have been made for the final review. Budget meeting will be on Monday, November 24, 2008 at 7:00 pm.

User Agreement for PennDOT Website Reporting

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve entering the agreement for PennDOT website reporting.

Vote 2-0

Environmental Advisory Council – Discussion on Role in ASA and Buffer Restoration

Riebling attended a land preservation meeting presented by Farm and Natural Land Trust. If we are interested in reaching out to the community and getting more interest, the Ag Security Advisory Council could also serve as the Environmental Advisory Council so that they could serve a two fold purpose to promote the Agricultural Security Area Program and promote streambank restoration in priority areas identified by the Army Corps of Engineers. Board agreed to consider this proposal.

SPCA Contract

Chairman Miller made a motion, Seconded by Vice Chairman Myers to approve the 2009 SPCA contract in the amount of $1,560.00.

Vote 2-0

Southwestern Regional Police Department Fourth Amendment to the Articles of Agreement

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the Fourth Amendment to the Articles of Agreement for the Southwestern Regional Police Department.

Vote 2-0

6. Purchase Requisitions -

None

7. Training Notices

None

Next Meeting

Next Advertised Meeting – November 24, 2008 at 7:00 PM for 2009 Budget

Next Regular Meeting – December 15, 2008 at 7:00 PM.

There being no further business Chairman Miller adjourned the meeting at 8:58 PM.

Respectfully Submitted,

Michelle E. Hershey

Secretary-Treasurer

The Manheim Township Board of Supervisors, York County, PA met on Monday, November 24 2008 to discuss the 2009 budget and any business brought before the Board.

The following were in attendance:

Larry Miller, Chairman

Dwight Myers, Vice Chairman

Matt Muir, Supervisor

Township Staff:

Loren Riebling, Township Manager

There was 1 person in the audience.

Chairman Miller called the meeting to order at 7:05 PM.

None

Chairman Miller recessed the public meeting at 7:10 pm to go into executive session for personnel matters.

Chairman Miller reconvened the public meeting at 8:33PM.

Discussed budget changes related to the recreation park work due to being awarded the DCNR grant.

Road Department Project Discussion

Discussed work on the municipal complex and road projects for 2009.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to set the wage increases for 2009:

David Shue 4.0%

Gerald Shue 4.0%

Lynn Smith 4.0%

Michelle Hershey 4.5%

Loren Riebling 4.0%

Part Time employee’s hourly pay remained the same for 2009:

Prior CDL Holders $12.00 per hour

2004 CDL Holders $11.25 per hour

Non CDL Holders $10.50 per hour

Vice Chairman Myers made a motion, seconded by Supervisor Muir to adopt the 2009 proposed budget for 20 day public review period.

December 15th, 2008 at 7:00 PM

There being no further business Chairman Miller adjourned the meeting at 9:15 PM.

Respectfully Submitted,