Minutes, Manheim Township Board of Supervisors Meeting
June 15, 2009
The Manheim Township Board of Supervisors, York County, PA met on Monday, June 15, 2009 to transact regular monthly business.
The following were in attendance:
Larry Miller, Chairman
Dwight Myers, Vice Chairman
Matt Muir, Supervisor
Township Staff:
Loren Riebling, Township Manager
Lynn Smith, Road Master
Michelle Hershey, Secretary/Treasurer
Solicitor:
Not present
There were 8 persons in the audience.
Chairman Miller called the meeting to order at 7:00 PM with the Pledge to the Flag.
Announcements-
Chairman Miller made an announcement in regards to pedestrian traffic advisory. Chairman Miller stated there have been incidents with people walking along roads with their backs towards on coming traffic. Chairman Miller provided information from an email received from Chief Bean in regards to Pedestrian Laws. He requested this information be included in the next newsletter.
Public Comments-
Geraldine Ambrosius addressed the Board in regards to who the two officials are that will be representing the township in regards to Act 32. Chairman Miller stated that Supervisor Muir is the representative and Vice Chairman Myers is the alternate.
David Miller addressed the Board in regards to the Act 32 meeting that was held on May 28, 2009. Mr. Miller reviewed with the Board what was presented during the meeting and stated how important it is that a representative from the township attends all Act 32 meetings.
1. Reports
Chairman Miller made a motion, seconded by Vice Chairman Myers, to approve the consent package consisting of: monthly Board of Supervisors minutes 05/18/09, Planning Commission Minutes 06/04/09 draft and reports from the following: Manager, Treasurers report, Tax Collector report, Zoning, Road Department, SEO (05/09), SWRPD: Chiefs Report 06/10/09. Monthly Statistics 05/09 and Approved Minutes/Reports of 05/13/09.
Vote 3-0
2. Solicitor Report
Riebling reported that Solicitor Elliot prepared and sent a letter to Mr. Stadters attorney in regards to a previous ordinance violation.
Riebling reported that Solicitor Elliot looked into his firms capability in regards to Cable Franchise negotiations. Solicitor Elliots firm would recommend another law firm if legal recourses were needed, but they would be able to assist the township with the negotiations.
3. Committee Reports
1. Southwestern Regional Police Department
Next SWRPB meeting on July 8, 2009 at 7:00 pm at 6115 Thoman Road.
Officer Matthews reported that Manheim Township had 59 calls for service, 61 tickets, 51 warnings and 2 arrests.
2. EMA
No report
3. Rec. Board
The next meeting will be July 8, 2009 @ 7:00 PM.
Barb Mills reported that Tim Staub from Rettew attended the Recreation Board meeting to discuss recommended changes to the parks site plan.
Barb stated that she contacted the athletic association to discuss if they plan on using the new football field for their four home games. The athletic association will visit the field and make a decision.
4. Local Government Advisory Committee-
Next meeting July 1, 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 September 14, 2009.
All required reviews are complete with comments provided.
These applications can remain tabled 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 July 20, 2009.
These applications have been reviewed by all required agencies with comments provided.
The applicant has submitted revised plans and MRs addressing the concerns and requests voiced during the initial review and deferred action on MR D, E and F. The municipal engineer and Manheim Township Planning Commission have reviewed these revisions and provided comments.
Based on the nature of the application and the comments provided, the following action is recommended:
E. Section 502.8.D & 502.8 F- Horizontal Street Alignment, Curve Radii &
Tangents between Reverse Curves; Grant based on justification of the
revision now providing minimum required curve radii at all location and
alternative of no tangent between reverse curves in order to provide a better
design flow.
F. Section 502.9.D & 502.9.F Vertical Street Alignment, Intersection Leveling Area; Grant based on justification of the revision having a better design flow while avoiding the bog turtle buffer with the alternative of providing a minimum 35 foot leveling area approaching Landis Road at a 4% or less grade.
G. Section 502.9.D & 502.9.F Vertical Street Alignment, Minimum K Values; Grant based on the justification provided and the revised alternative requiring much less modification than the original request. The required K for sag curves is 30. 20 was initially proposed and 26 is now proposed. The required K for crest curves is 20. 12.5 was initially proposed and 18 is now proposed.
These applications can then be tabled until all agency comments are addressed and required approvals or notices are submitted.
Chairman Miller made a motion, seconded by Supervisor Muir to grant the modification request applications as presented and table until all agency comments are addressed and required approvals or notices are submitted for the Dennis Bosley Phase II 8 lot Preliminary Plan and Modification Request Applications.
Vote 3-0
Riebling addressed the Board in regards to a letter sent from Scott Barnhart of Hanover Land Services, Inc. Mr. Barnhart is asking that the latest invoice for engineering services be waived or forwarded to the adjoining developer to pay half of the invoice. After a brief discussion the board agreed that the invoice should be paid in full by Hanover Land Services client.
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 July 20, 2009.
The following conditions apply:
- Providing a well yield certificate compliant with prior MR B.
- Submission of a fee-in-lieu or completion of work-in-lieu determined to be acceptable by the Board of Supervisors for road reconstruction.
- Submission of the recreation fee-in-lieu in the amount of $1,000.00.
- Submission of acceptable use and maintenance agreements for Shue Lane and Highland Lane, to be recorded with the final plan.
- Confirmation from the municipal engineer that the revised storm water management plan is approved with the change in the proposed pipe size.
- Submission of DEP approval of the stream crossing waiver or required permitting.
- 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 August 11, 2009.
Additional MR Applications have been submitted for consideration. These additional requests were reviewed by local planning and engineering with comments provided.
D. Section 502.2.A Private Streets The applicant requested the approval of a private street for access to the neighboring lots contingent on the recognition by the landowner that any additional subdivision will require the entire street to be brought up to or constructed to the then current Township standards.
E. Section 502.6.A. Street Construction Standards Since the street will be privately owned and maintained, the applicant requested that he be permitted to pave only the first fifty feet of the street extending from Camp Woods Road. The remainder of the road will be crushed aggregate.
F. Section 502.7.A. Minimum Cartway Width The applicant requested that a minimum roadway width of sixteen feet be permitted instead of the required twenty four feet. The fact that the road will be privately owned and the desire to decrease storm water runoff and minimize the amount earth disturbance were cited as major considerations.
The Board approved these requests on May 18, 2009 conditioned on:
1. A note being added to the plan indicating that any further development or increase in intensity of use associated with this private street will require the street to be constructed and widened according to municipal regulations effective at that time.
2. A private street use, maintenance and dedication agreement being submitted for approval that will be executed and recorded for each proposed lots subsequent owner.
These applications remain tabled until outstanding agency comments are addressed and required approvals or notices are submitted.
South Western School District Manheim Elementary School Land Development Plan & MR Applications
These applications were conditionally approved by the Board on March 16, 2009. The extended 90 day expiration to satisfy the conditions will expire on September 12, 2009.
On April 27, 2009, the Board granted conditional approval of a modification of Section 510.E.8 to permit release of storm water from a detention facility to public road right of ways. The condition of approval was that the storm water from existing watersheds is not being transferred.
The storm water management plan has been revised to the satisfaction of our municipal engineer and does not require utilization of the Section 510.E.8 MR that was conditionally granted on April 27, 2009. The storm water release will occur at least 80 feet from the 216 right of way. The applicant has satisfied all conditions of approval granted on March 16, 2009. This plan is recommended for unconditional approval.
Chairman Miller made a motion, seconded by Vice Chairman Myers to unconditionally approve the South Western School District Manheim Elementary School Land Development Plan & MR Applications.
Vote 3-0
Dan Rodgers Lot 6 Grave Run Road 3 lot Final Plan Application
This application was accepted by the Board for review and consideration on February 16, 2009, The 90 day review period will expire on August 15, 2009.
All required agencies have reviewed and commented on this application. While no new MRs are being requested, the applicant is seeking approval on MRs granted under the original subdivision application.
The Planning Commission recommended that the MR applications from the original approved plan be affirmed or approved as applicable to this application.
The original MRs proposed to be extended to and included with this application are:
1. 409.4 Wetland Report
2. 403.A.1 Plan Scale
3. 409.1 Water Feasibility Report
4. 409.2 Sewer Feasibility Report
On May 18, 2009, the Board formally granted these requests as applicable to this application since this project involves only a shared driveway in Manheim Township.
This application can remain tabled until agency comments are addressed.
Harold & Linda Smith Revised Final Plan & MR Applications
These applications were accepted by the Board for review and consideration on April 20, 2009. The 90 day review period will expire on July 19, 2009.
These applications have been reviewed by all required agencies with comments provided.
Based on the nature of the application and comments provided, the following action is recommended on the MR applications:
A Sections 403.3 & 403.4 Existing/Proposed Plan Sheets; Grant based on
justification and alternative provided.
B. Section 403.7 Sewer & Water Feasibility Reports; The applicant can
withdraw the sewer report request as this is not required for projects
proposing fewer than 5 lots. The water feasibility report request can be
granted based on the justification and alternative provided. The well
yield report indicates production of 1 gallon per minute and a well depth
of 450 feet, with no other existing wells within 200 feet.
C. Section 502.N General Design Standards Concrete Monuments; Grant
based on justification and alternative provided.
D. Section 502.5.1 Reconstruction of Existing Street; Grant based on
justification and alternative provided, conditioned on providing a fee-in-lieu
acceptable to the Board. The cost estimate provided for the required work
indicates a cost of $10,321.50. The recommended acceptable fee-in-lieu
should include estimated costs for Trone Road reconstruction ($485.00), a
portion of the Trone/Skyview Intersection (30% or $1,800.00), and a portion
of the curbing (50% or $1,200.00), for a total of $3,485.00.
E. Section 502.114 Curbing; See MR D Above.
F. Section 502.12 Sidewalks; Grant based on justification provided, conditioned on providing lot grading at the appropriate areas to accept a sidewalk.
G. Section 510.7.F.3.c.2 Separation Distance to Limity Zone for SEM Facilities; Withdrawn by applicant June 4, 2009.
Based on the nature of the application and comments provided, this plan is recommended for conditional approval with the following conditions:
- Submission of the agreed upon fees-in-lieu related to MRs for existing road reconstruction and curbing.
- Verification of pervious parking area infiltration pit designed per township engineer review of 06/08/09.
- York County Conservation District approval of the erosion and sedimentation control plan.
Harold Smith addressed the Board in regards of the fee-in-lieu amount asking that the amount be reduced. After a brief discussion the board agreed to deduct the curbing costs of $1,200.00. The total amount for the fee-in-lieu is $2,285.00.
Supervisor Muir made a motion, seconded by Vice Chairman Myers granting unconditional approval of the Harold & Linda Smith Revised Final Plan & MR Applications provided the Township Manager verifies the stated three conditions prior to release of the certified plan for recording.
Vote 3-0
Ricky & Christie Eisenhart Lot Add-on Plan & MR Applications
These applications were accepted for review and consideration on April 27, 2009. The 90 day review period will expire July 26, 2009.
These applications have been reviewed by all required agencies with comments provided.
Based on the nature of the application and comments provided, the following action is recommended on the MR applications:
- Sections 403.1.A Plan Scale; Grant based on justification and alternative provided.
- Sections 403.3 & 403.4 Existing/Proposed Plan Sheets; The applicant withdrew this request and has provided separate sheets.
- Section 403.7.B Water & Sewer Feasibility Reports The applicant withdrew the request related to water feasibility on June 4, 2009, as there are no new wells proposed. The sewer feasibility report is not needed based on the nature of the application, but replacement area testing and easements are required. The applicant changed the request to Section 511.C.4, with justification of proposed large lots providing ample area for replacement systems to be located in the event of existing system failure.
- Section 403.3.A Contours; Grant based on the justification and alternative provided.
This applicant has addressed all necessary plan review comments. This application is recommended for unconditional approval.
Chairman Miller made a motion, seconded by Supervisor Muir to unconditionally approve the Ricky & Christie Eisenhart Lot Add-on Plan & MR Applications as recommended.
Vote 3-0
Harry Ramage 7 Lot Preliminary Subdivision Plan & MR Applications
These applications were accepted for review and consideration on May 18, 2009. The 90 day review period will expire August 16, 2009.
These applications can remain tabled until required agency reviews are completed and comments provided.
New Applications:
None
4. Unfinished Business
Legislative Update;
1. Raising Minimums for Required Bidding SB319 & HB 607 1st consideration; referred to Appropriations
2. Separations Act Minimum from $4,000.00 to $25,000.00 SB330
3. School Impact Fees SB552
4. Auto extensions on S/D & permits SB 569
Right to Know e-mail Policy Consideration Discussion
No Update
Cable Franchise Negotiations - Update
Riebling reported that a notice was received from Comcast in regards to a petition filed with the FCC for special relief related to local competition.
Violation/Enforcement Notices
Riebling reported that 7 grass violation notices were sent out.
5. New Business
Flood Plain Management Ordinance Amendment Optional Provisions
Riebling provided to the Board optional provisions for the Flood Plain Management Ordinance Amendment.
Chairman Miller made a motion, seconded by Vice Chairman Myers to authorize Township Manager Riebling to present the optional provisions for the Flood Plain Management Ordinance Amendment to the Planning Commission.
Vote 3-0
6. Purchase Requisitions -
Pictometry purchase; 2008/2009 version; $363.00 for software and drive.
Chairman Miller made a motion, seconded by Supervisor Muir to approve the purchase of the Pictometry software and drive for $363.00.
Vote 3-0
7. Training Notices
None
Next Meeting
Next Regular Meeting July 20, 2009 at 7:00 PM.
There being no further business Chairman Miller adjourned the meeting at 8:40 P.M.
Respectfully Submitted,
Secretary-Treasurer