Minutes, Manheim Township Board of Supervisors Meeting
May 18, 2009
The Manheim Township Board of Supervisors, York County, PA met on Monday, May 18, 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:
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.
Announcements-
None
Public Comments-
None
1. Reports –
Chairman Miller noted a correction needed on page 8, under section 4 unfinished business, paragraph one “Bard” needs to be changed to “Barb”. Vice Chairman Myers noted a correction needed on page 3, paragraph 2, second sentence “suppose” changed to “supposed”.
Chairman Miller made a motion, seconded by Supervisor Muir, to approve the consent package with noted changes made to the April 27, 2009 Board of Supervisors minutes consisting of: monthly Board of Supervisors minutes 04/27/09, Planning Commission Minutes 05/07/09 draft, Recreation Committee Minutes 04/08/2009 (draft) and 05/13/09 (draft) and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (04/09), SWRPD: Chief’s Report 05/13/09. Monthly Statistics 04/09 and Approved Minutes/Reports of 04/08/09.
Vote 3-0
2. Solicitor Report –
Solicitor Elliot reported that he reviewed the Well Isolation Waiver Policy. The Pennsylvania regulations provide that in an instance that there is a malfunctioning sewage system an applicant can request a waiver of certain requirements including a 100 ft isolation distance that is required between the sewage drain field perimeter and a private well which is within the sole discretion of the Board of Supervisors to grant. Riebling drew up a sample policy guideline for information for the Board’s consideration for any applicant that wanted to make that request. A draft resolution was provided by Solicitor Elliot for the Board to review.
Chairman Miller made a motion, seconded by Vice Chairman Myers to adopt Resolution 467 approval of the well isolation waiver policy.
Vote 3-0
Solicitor Elliot reported that a letter was received from the York Area Earned Income Tax Bureau. In 2008 Act 32 provided for the consolidation of the collection of local income tax and every county is formed into a new tax collection district; each district is required to form a tax collection committee; every municipality gets a voting delegate. Every municipality is required to appoint a delegate by September 15, 2009 and the first meeting of the committee is to take place on or before November 15, 2009. The reason for some urgency is that the York Area Earned Income Tax Bureau wants to hold their first meeting over the summer.
Chairman Miller made a motion, Seconded by Vice Chairman Myers to approve Resolution 466 with Supervisor Muir as the voting delegate and Vice Chairman Myers as the alternate voting delegate.
Vote 3-0
3. Committee Reports –
1. Southwestern Regional Police Department –
Next SWRPB meeting on June10, 2009 at 7:00 pm at 6115 Thoman Road.
Sergeant Green reported that Manheim Township had 54 calls for service, 32 tickets, 25 warnings and 4 arrests.
2. EMA –
Swine flu precautionary advisory article in 2nd quarter newsletter.
3. Rec. Board –
The next meeting will be June 10, 2009 @ 7:00 PM.
Barb Mills reported that Tim Staub from Rettew surveyed the park land to compare to the USGS topography survey that was used originally and found a lot of discrepancies. Where the second baseball field is located, if it stays the way it is, a lot of fill would have to go in there. The grading for the trails wasn’t going to pass DCNR for handicap access. It was showing a 7% grade. Mr. Staub will come back with some recommendations on how features can be moved or consolidated so this will work with the land.
4. Local Government Advisory Committee-
Next meeting May 27, 2009
Lynn Smith reported that the full committee meeting was held on May 13, 2009 at the York Fair grounds in recognition of its 50 year anniversary.
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 June 16, 2009.
All required reviews are complete with comments provided.
The applicant has submitted a 90 day review period extension request. While the extension is not needed until next month’s meeting, it does not appear that revisions can be made in time for approval in June and therefore approval is recommended this month. Upon favorable action, the review period would be extended to September 14, 2009.
Chairman Miller made a motion, seconded by Supervisor Muir to grant the 90 day review period 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 required approvals or notices are submitted.
Vote 3-0
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 July 20, 2009.
These applications have been reviewed by all required agencies with comments provided.
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 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.
F. 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.
G. 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.
H. 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.
Based on the nature of the requests and comments provided, it is recommended that all three of these requests be approved 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 lot’s subsequent owner.
Supervisor Muir made a motion, seconded by Vice Chairman Myers to conditionally approve the Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications as presented and table until remaining agency comments are addressed and required approvals or notices are submitted.
Vote 3-0
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 90 day expiration to satisfy the conditions will expire on June 14, 2009. The following conditions apply:
1. Addressing municipal engineering comments number 2, 3, 5 and 6, dated March 16, 2009, and related to subdivision and land development regulations. Specifically, the variance and MR notes must be updated, sewage treatment and on-lot replacement areas and easements must be shown, a DEP approved sewage module must be provided and lighting photometrics at the property lines must be provided.
2. Addressing municipal engineering comments number 5, 6, 7, 8 and 10, dated March 16, 2009, and related to storm water management regulations. Specifically, a note requiring a professional geologist be contacted in the event carbonate geology is encountered, dewatering and infiltration times must be provided for SW facilities, anti-seep collars details must be revised, and an approved erosion and sedimentation control plan/NPDES Permit must be provided.
3. An Improvement Guarantee Agreement, as prepared specifically for this project by our municipal Solicitor, must be completed and executed.
On April 27, 2009, the Board granted conditional approval of a modification of Section 510.D.10 to permit release of storm water from a detention facility to public road right of ways. While the text of the section is accurate, the section reference should be 510.E.8. This action was taken due to an adjoining property owner and recipient of proposed storm water from this project not agreeing to provide an easement agreement. Our municipal engineer and our municipal Solicitor coordinated revisions applied by the applicant’s engineer so additional storm water from existing watersheds is not being transferred and directed to the uncooperative adjoining property owners’ property.
The applicant has submitted a 90 day review period extension request. Upon favorable action, the review period would be extended to September 14, 2009.
Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the 90 day review period and table the South Western School District – Manheim Elementary School Land Development Plan & MR Applications until required approvals or notices are submitted.
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 MR’s are being requested, the applicant is seeking approval on MR’s 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 MR’s 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
It is recommended that these requests be formally granted as applicable to this application since this project involves only a shared driveway in Manheim Township.
Chairman Miller made a motion, seconded by Vice Chairman Myers to affirm the MR applications from the original approved plan for the Dan Rodgers – Lot 6 Grave Run Road – 3 lot Final Plan Application.
Vote 3-0
Chairman Miller made a motion, seconded by Supervisor Muir to table the Dan Rodgers – Lot 6 Grave Run Road – 3 lot Final Plan Application until all agency comments are addressed.
Vote 3-0
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 can remain tabled until agency reviews are completed.
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 can remain tabled until agency reviews are completed and comments provided.
New Applications:
Harry Ramage – 7 Lot Preliminary Subdivision Plan & MR Applications
The applications were submitted for initial review on May 6, 2009. The initial review was completed on May 11, 2009, and revealed several deficiencies. The applicant was notified and resubmitted a complete application on May 14, 2009. This application can be accepted for review and consideration. Upon acceptance, the 90 day review period expiration will be August 16, 2009.
Supervisor Muir made a motion, seconded by Vice Chairman Myers to accept for review and consideration the Harry Ramage – 7 Lot Preliminary Subdivision Plan & MR Applications.
Vote 3-0
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
After a brief discussion, Riebling will draft an email policy for the Board to review.
Tax Collection Software and Computer – Discussion
After a brief discussion the Board decided that the Tax Collector will be responsible for providing and purchasing their own tax collection software and computer.
5. New Business–
Bid Awards: Aggregate, Asphalt & Fuels
An advertised public meeting for the opening of material bids was held at the municipal building today, May 18, 2009 at 2:00 PM. All sealed bids were opened at this meeting. Township Manager Riebling opened and read to the audience the bids.
The following bids were submitted for aggregate materials:
Materials
Vendor Vendor Vendor York Building Products Kinsley Vulcan
P/U Deliver P/U Deliver P/U Deliver
AASHTO #9 $9.70 $14.05 $9.00 $14.25 $9.70 $14.20
AASHTO #8 $9.70 $14.05 $7.00 $12.25 $9.70 $14.20
AASHTO #4 9 $8.70 $13.05 $6.75 $12.00 $8.70 $13.20
2A/2RC Stone $6.35 $10.70 $5.00 $10.25 $6.35 $10.85
#10 Screenings $8.70 $13.05 $6.75 $12.00 $8.70 $13.20
The following bids were submitted for asphalt materials:
Materials
Vendor Vendor Vendor
Bituminous Paving York Building Products Kinsley
P/U Deliver P/U Deliver P/U Deliver
9.5 mm Superpave $44.95 $49.65 $45.65 $51.40 $45.50 $52.00
The following bids were submitted for road oil:
Materials
Vendor Vendor
Hammaker Stewart - Tate
Deliver Deliver
CRS-2 Oil $1.9980 $1.5990
The following bid was submitted for fuels:
Materials Vendor
Leffler
Deliver
Heating Oil 2,500 gals. $1.7057
Diesel 3,500 gals. $1.7599
Gasoline 1,000 gals. $1.9955
The following bids were submitted for salt:
Materials
Vendor Vendor
Cargill International Salt
Deliver Deliver
Salt 150 tons $78.29 $86.68
The following bids were submitted for line painting:
Materials
Vendor Vendor Vendor
Alpha Ross Gemmil
Line Painting $.06499 Per ft. $.07300 Per ft. $.0870 Per ft.
Township Manager Riebling announced that the Board of Supervisors will receive the submitted bid findings as stated above and award the 2009 bids at tonight’s Board of Supervisors meeting, beginning at 7:00 PM.
Township Manager Riebling adjourned the bid opening meeting at 2:25 PM.
Awarding of the 2009 Material Bids –
Township Manager Riebling presented to the Board of Supervisors the findings of opened bids. There was a thorough review of the submitted bids by the Board of Supervisors.
Supervisor Muir made a motion, seconded by Vice Chairman Myers to award the bids as follows:
 | Aggregate materials - AASHTO #9, ASHTO #8, AASHTO #4 & #57, 2A/2RC Stone and #10 Screenings to Kinsley. |
| Asphalt materials to Bituminous Paving |
| Road oil to Stewart - Tate |
| Fuels to Leffler |
| Salt to Cargill |
| Line Painting to Alpha |
Vote 3-0
Transfer $65,000.00 from General Fund
Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the $65,000.00 transfer from General Fund to reimburse Capital Reserve Fund for first quarter operating expense loan.
Vote 3-0
Pension Trustee Appointment Affirmation
Chairman Miller made a motion, seconded by Supervisor Muir to approve the appointment of Jack Walter and William Groves as Trustees of the municipal pension fund.
Vote 3-0
Joint Cable Franchise Negotiations (Current Renewal 9/5/2010) Discussion
A brief discussion in regards to joint cable franchise negotiations resulted in having Solicitor Elliot do research within his law firm to see how much experience they have in dealing with Cable Franchise Agreement or if there are attorneys that his law firm has used.
Violation/Enforcement follow up on Statder
Riebling reported that Mr. Statder had dropped his appeal on the Zoning Hearing Board decision. Mr. Statder indicated to Riebling that he would be vacating the property by the end of April 2009 and to date the property is not vacated. Solicitor Elliot stated that the next step would be enforcement before the District Justice.
Chairman Miller made a motion, seconded by Supervisor Muir to approve Solicitor Elliot to draft a letter to Mr. Statder in regards to correcting his infraction within the township ordinances and if it’s not remedied the next step would be to take legal action with the District Justice.
Vote 3-0
Riebling reported that he received an email from Mr. Mason on May 15, 2009 updating the list of removed vehicles. Three vehicles have been removed and two other vehicles will be removed shortly. With the ones that were listed as already being removed this leaves a total of 17 vehicles remaining. The letter sent as of February 18, 2009 gave a deadline of May 17, 2009 for compliance. The Board extended an additional 60 days for Mr. Mason to comply.
State Pension Aide Reimbursement
Chairman Miller made a motion, seconded by Supervisor Muir to approve the reimbursement of excess state aid for the pension plan in the amount of $3,676.75 to be paid back to the Commonwealth of Pa.
Vote 3-0
6. Purchase Requisitions -
None
7. Training Notices
Manager – Document Retention – June 17, 2009. 1:00 PM to 4:00 PM: Harrisburg; $35.00.
Vice Chairman Myers made a motion, seconded by Supervisor Muir to approve the fee of $35.00 for the Manager to attend Document Retention course on June 17, 2009.
Vote 3-0
Next Meeting
Next Regular Meeting – June 15, 2009 at 7:00 PM.
There being no further business Chairman Miller adjourned the meeting at 8:45 P.M.
Respectfully Submitted,
Secretary-Treasurer