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Minutes, Manheim Township Board of Supervisors Meeting April 21, 2008

The Manheim Township Board of Supervisors, York County, PA met on Monday, April 21, 2008 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

Solicitor:

Not Present

There were 11 persons in the audience.

Chairman Miller called the meeting to order at 7:01 PM with the Pledge to the Flag.

Chairman Miller announced Hazardous Materials Collection May 3, 2008 from 9am to 1pm at Dover Township.

Public Comments-

None

1. Reports –

Vice Chairman Myers stated a change on page 8 under rental agreement was needed "Independent" changed to "Independence".

Supervisor Muir made a motion, seconded by Vice Chairman Myers, to approve the consent package with the stated change consisting of: monthly Board of Supervisors minutes (03/17/08), Planning Commission minutes for April 3, 2008 (draft), Recreation Committee minutes for March 12, 2008 and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (03/08), SWRPD: Chiefs Report (04/09/08) monthly statistics (03/08), Approved Minutes/Reports 03/12/08.

Vote 3-0

2. Solicitor Report –

No Report

3. Committee Reports –

1. Southwestern Regional Police Department –

Next SWRPB meeting, May 14, 2008 at 7:00 pm at 6115 Thoman Road.

Officer Matthews reported that Manheim Township had 57 calls for service, 44 tickets, 44 written warnings, and 5 arrest charges.

2. EMA –

Riebling reported that he met with the EMA Coordinator to discuss Disaster Plan Update & Resources. Working to update Mutual Aide Agreements.

3. Rec. Board –

The next meeting will be May 14, 2008 @ 7:00 PM.

Deb Eibl reported that the Basket Bingo fundraiser brought in $3,019.00 with 132 people attending. Received $1,000.00 donation from the West Manheim Lions Club to go towards Phase 1A.

Beginning Phase 1A the beginning of May.

DCNR Grant Application Authorization & Billable Rates were discussed.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve billable rates for use in the 2008 PA DCNR Community Conservation Partnerships Program Grant Application and Resolution 447 signature page for grant application and grant agreement.

In Kind Rate:

    A. Road Master $29.48/hour

    B. Equipment Operator 1 $27.67/hour

    C. Equipment Operator 2 $28.43/hour

Equipment Rate:

    A. Austin Western Grader $43.00/hour

    B. John Deere 544 Loader $30.00/hour

    C. Three Dump Trucks $25.50/hour

    D. New Holland 4wd Tractor $22.00/hour

    E. John Deere Backhoe $28.50/hour

    F. Bomag Roller $50.00/hour

    G. BlawKnox Paver $97.00/hour

Vote 3-0

4. LGAC-

Need to find a replacement representative for appointment by June.

Full Meeting & Awards 05/22/08 at the Holiday Inn $30.00 per person, David Miller attending.

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the $30.00 charge for David Miller to attend the full Meeting & awards dinner on 05/22/08 at the Holiday Inn.

Vote 3-0

3. 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 21, 2008.

Last revised plan submission dated 9/1/2005, last engineer’s review 12/9/2005.

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

Fox Ridge Court – 4 lot Preliminary Plan and Modification Request Application

These applications were submitted to this office on November 16, 2005. A preliminary review was completed on November 21, 2005. The applicant corrected the deficiencies and resubmitted the corrected application. The Board of Supervisors accepted this application on December 1, 2005. The extended ninety day review period will expire on May 19, 2008.

Last revised plan was dated 01/23/06. The last Township Engineer review generating additional comments was dated 03/20/06.

A cost estimate was submitted for this project on June 28, 2006. The estimate was copied to the Municipal Engineer for approval. A revised plan addressing storm water and other minor comments has not been submitted. We have received new comments from the municipal engineer on October 12, 2006, and well reports from the applicant on September 29, 2006.

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

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 May 14, 2008.

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

The Applicant has submitted a review period extension request for consideration. Upon favorable action, the review period will expire on July 21, 2008.

Chairman Miller made a motion, seconded by Supervisor Muir to grant the 90 review period extension request and table the Dennis Bosley Phase II – 8 lot Preliminary Plan and Modification Request Applications until agency comments are addressed.

Vote 3-0

Glenville Hollow Farms (Yingling) – 11 Lot Preliminary Plan and Modification Request Applications

These applications were conditionally approved on November 19, 2007 with the conditions needing to be met by the extended deadline of May 17, 2008.

The following conditions are incomplete as of 03/17/2008:

    1. Provide evidence of approval of the erosion & sedimentation control plan and NPDES permit, if applicable.

    2. Revise general note 19 to include the granting of the concrete monument modification request (Section 502.1.N) and  the date of the two recent modification requests.

    3. Revision of general note 25 to indicate that the retaining wall drawings need to be submitted and approved by the municipal engineer prior to the issuance of a zoning or building permit.

    4. Provide verification that the sewage testing on Lot 7 meets minimum set back requirements for sewage disposal facilities.

The Applicant had submitted an additional modification request from Section 510.5.C of the storm water management regulations. This section requires that storm water detention facilities be capable of draining dry within 24 hours. The Planning Commission and municipal engineer have reviewed and commented on this request.

On February 18, 2008, the Board granted this MR subject to meeting the municipal engineer’s conditions of approval contained in their review letter dated February 14, 2008, related to plantings, maintenance agreements, and the addition of details on the plan. This is an added condition of plan approval needing to be met by May 17, 2008.

The Applicant has submitted an extension of time to meet the conditions of approval. Upon favorable action, the time period will expire on July 21, 2008.

Chairman Miller made a motion, seconded by Vice Chairman Myers to grant the extension of time to meet the conditions of approval and table the Glenville Hollow Farms (Yingling) – 11 Lot Preliminary Plan and Modification Request Applications..

Vote 3-0

Daniel Shue – 2 Lot Final Plan and Modification Request Applications

These applications were conditionally approved on February 18, 2008. The ninety day period to meet the conditions will expire on May 18, 2008.

The following conditions apply:

    1. Adding modification requests granted January 7, 2008, for sections 403.D.14 and 409.B.3.b, related to replacement area testing and easements for septic system to general note 21.

    2. DEP approval of the sewage facilities planning module.

    3. YCCD approval of the erosion and sedimentation control plan.

    4. Addressing storm water management comment #2 contained in the municipal engineer’s review dated 2/12/08.

All conditions have been met. This plan is recommended for unconditional approval.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the Daniel Shue – 2 Lot Final Plan.

Vote 3-0

Marlene Wildasin – 2 Lot Final Plan and Modification Request Applications

These applications were accepted for review and consideration on October 15, 2007. The ninety day review period will expire on July 11, 2008.

The required agency reviews have been completed and comments submitted.

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

Randy & Judy Wentz – 4 Lot Final Plan and Modification Request Applications

These applications were conditionally approved on March 17, 2008. The ninety day period to meet the conditions of approval will expire on June 15, 2008.

These following conditions apply:

    1. YCCD approval of the erosion & sedimentation control plan

    2. DEP approval of the Sewage exemption request

    3. Submission of the recreation fee-in-lieu in the amount of $2000.00

    4. Submission of the well report for Lot 6 meeting regulatory yield and drawdown criteria.

All conditions of approval on this application have been met. This application is recommended for unconditional approval.

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the Randy & Judy Wentz – 4 Lot Final Plan.

Vote 3-0

Fred & Kathryn Laurence – 2 Lot Final Plan and Modification Request Applications.

These applications were accepted for review and consideration on December 17, 2007. The ninety day review period will expire on March 19, 2008.

All required agency reviews have been completed and comments submitted.

The Applicant has submitted a revised plan and cost estimate indicating the scope and cost equivalent of work proposed as an alternative to street reconstruction related to modification request 502.5 & 502.7 – Reconstruction of Existing Streets – The applicant’s note the relatively recent improvements made to Blue Hill Road by PennDot and Zumbrum Road by the Township.

Chairman Miller stated that the cost estimation provided by an engineer for the project includes; tree removal, $1,200.00; rough grading $2,500.00; top soil placement, $1,842.50; finished grading and seeding, $825.00 and possible utility pole location, $2,500.00 with a total of $9,754.25 as cost of the work-in-lieu for road reconstruction.

Riebling reported that they would do the work instead of posting financial security, which is why the recommendation is for conditional approval.

These applications are recommended for approval with the following conditions:

    1. Completion of proposed work proposed in lieu of complete street reconstruction or financial security for same.

    2. Submission of a well certificate satisfying conditions of MR Section 403.7.B, 409.4 – Water Feasibility Report.

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

    4. Addressing municipal engineering subdivision comment 6 to satisfaction of the municipal engineer.

Chairman Miller made a motion, seconded by Supervisor Muir to conditionally approve Fred & Kathryn Laurence – 2 Lot Final Plan and Modification Request Applications based on the conditions stated.

Vote 3-0

Randal & Patricia Smith – 2 Lot Final Plan and Modification Request Applications

The Board accepted these applications for review and consideration on January 7, 2008. The ninety day review period will expire on June 5, 2008.

All required agency reviews have been completed and comments submitted.

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

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 ninety day review period expires May 18, 2008.

The municipal planning commission made a recommendation on the modification request application but tabled review of the plan application on April 3, 2008, due to lack of representation and numerous comments from reviewing agencies.

All other required reviews have been completed and comments provided.

The applicant has agreed to defer action on the modification requests until after the next planning commission review on May 1, 2008. This will give the applicant time to resolve some questions and modify his requests to the planning commission.

The applicant has submitted a review period extension request for 180 days, upon favorable action, the time period will expire on November 14, 2008.

Vice Chairman Myers made a motion, seconded by Supervisor Muir to grant the 180 days review period extension request and table the Dorothy and Todd Gracey – 4 Lot Final Plan and Modification Request Applications.

Vote 3-0

George & Mary Jean Tracey – 2 Lot Final Plan and Modification Request Applications

These applications were accepted for review and consideration on February 18, 2008. The ninety day review period expires May 18, 2008.

All municipal planning commission will review these applications on April 3, 2008.

The recommended action on the modification request application is as follows:

    A. Sections 403.1.A – Plan Sheet Requirements – The applicant requested that the plan be accepted at a scale of 1"=60’ due to the size of the property. It is recommended that this be granted on the justification and alternative provided.

    B. Sections 403.3.B. – Existing Features within 200 Feet of Subject Tract – Due to the proposed improvements being greatly isolated from the property lines of the 22 acre parcel, the applicant requested that the requirements of showing features within 200 fee of the tract be waived. It is recommended that this be granted based on the justification and alternative provided.

    C. Section 403.7.B – Water Feasibility Report – The applicant will submit a well yield report for the actual constructed well for the proposed building lot prior to subdivision approval. It is recommended that this be conditionally granted based on the justification and alternative provided with the yield and drawdown testing meeting the regulatory requirements.

    D. Section 403.7.E. – Wetlands Report – The applicant noted that the NWI map did not identify any potential wetlands within the project area. In addition, the applicant will provide an abbreviated report by a qualified profession in-lieu of the normally required report. It is recommended that this be granted based on the justification and alternative provided.

    E. Section 502.1.N – General Design Standards – Permanent Concrete Markers – The applicant requested that he be permitted to provide concrete monuments where the proposed street intersects with Dogwood Lane and to provide steel pins at the other break points along the proposed street right-of-way. It is recommended that this be granted based on the justification and alternative provided.

    F. 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 as a result of the proposed action. As an alternative, the applicant will add a note to the plan stating that any future subdivision, land development or other action that may result in increased traffic will require the reconstruction of Dogwood Lane. A reservation strip (25’ from centerline) will also be shown on the plans for future dedication of lands to the Township and to allow for future highway work if needed. It is recommended that this be granted based on the justification and alternative provided.

    G. Section 502.14.C.5. – Cul-de-Sac and Dead End Streets – The applicant proposed a T-turnaround in the vicinity of the existing pond and the installation of a dry hydrant for fire apparatus in-lieu of a paved cul-de-sac. He noted the street is private and no additional traffic will be generated by the proposed action. In order to discourage unintended use of the drive by travelers unfamiliar with the area, a sign stating "Private Lane" or No Outlet" or similar signage approved by the Township will be placed at the access to Dogwood Lane at the expense of the applicant. It is recommended that this be granted based on the justification and alternative provided.

    H. Section 502.5. – Private Streets – The applicant requested that the street not be offered for dedication to the Township. The street will remain private and the applicant will prepare a private street agreement, in a recordable form, acceptable to the Township. It is recommended that this be granted based on the justification and alternative provided.

    I. Section 502.6.A. – Street Construction Standards – The applicant requested a waiver from constructing the street to required section materials and thicknesses. After some discussion, the Commission believed this undesirable as the street would be required to support emergency vehicle loads. The requirement that the standard road section be utilized within the cul-de-sac and access right-of-way, as this may one day be dedicated to the Township, was suggested. It is recommended that this be denied based on the justification and alternative provided.

    J. Section 502.9.F. – Vertical Curves – The applicant requested that a "K" value of 26 instead of 30 be permitted due to site constraints. It was also noted that the cul-de-sac  ould likely experience reduced traveling speeds. It is recommended that this be granted based on the justification and alternative provided.

    K. Section 502.5.G. – One (1) Foot of Freeboard – The applicant requested relief from the required minimum 1-foot of freeboard above the emergency spillway. Provisions for the safe overland conveyance of stormwater in the event of its discharge from the spillway will be made. It is recommended that this be granted based on the justification and alternative provided.

    L. Section 510.7.F.3.c.2 – Design Standard – BMP’s – The applicant’s engineer requested that the 2 ft. "limiting zone" as identified by the SEO for septic system design purposes be waived to permit the installation of SWM infiltration BMP’s. It is recommended that this be granted based on the justification and alternative provided conditioned on the performance of percolation tests in the area of the infiltration facility to justify its size and geometry.

Chairman Miller made a motion, seconded by Supervisor Muir to grant the Modification Requests as recommended.

Vote 3-0

The applicant has submitted a review period extension request. Upon favorable action, the time period will expire on July 21, 2008.

Chairman Miller made a motion, seconded by Vice Chairman Myers to grant the review period extension request.

Vote 3-0

Chairman Miller made a motion, seconded by Supervisor Muir to table the George & Mary Jean Tracey – 2 Lot Final Plan and Modification Request Applications until all agency reviews are complete and comments provided.

Vote 3-0

Wayne & Laurel Fuhrman – Storm Water Management Plan and Modification Request Applications

These applications were accepted for review and consideration on February 18, 2008. The ninety day review period expires May 18, 2008.

The municipal planning commission reviewed these applications on March 6, 2008. The municipal engineer has completed his review and provided secondary review comments.

This application is recommended for approval conditioned on addressing municipal engineering storm water management comments 6, 9, 10 and 11 to the satisfaction of the municipal engineer.

The applicant’s representative pointed out that these items have been addressed. Riebling confirmed all items have been addressed and appear to be satisfactory. Riebling stated it is at that discretion of the Board to unconditionally approve.

Supervisor Muir made a motion, seconded by Chairman Miller to approve the Wayne & Laurel Fuhrman – Storm Water Management Plan and Modification request applications.

Vote 2-0, with Vice Chairman Myers abstaining

New Applications:

Michael & Tracy Groft – SWM Plan Application

These applications were submitted on April 3, 2008. A preliminary completeness review revealed numerous deficiencies. The applicant was notified to correct these deficiencies and resubmit a revised application by April 18, 2008, in order for the Board to accept these applications. The requested revisions have been made. This application is recommended to accept for review and consideration. Upon acceptance, the review period will expire on July 20, 2008.

This application will be reviewed by the municipal planning commission on June 5, 2008.

Vice Chairman Myers made a motion, seconded by Supervisor Muir to accept for review and consideration the Michael & Tracy Groft – SWM Plan Application.

Vote 3-0

William & Michelle Crumrine – Add On Subdivision Plan Application

These applications were submitted on April 9, 2008. A preliminary completeness review revealed minor deficiencies. The applicant was notified to correct these deficiencies and resubmit a revised application by April 18, 2008, in order for the Board to accept these applications. The requested revisions have been made. This application is recommended to accept for review and consideration. Upon acceptance, the review period will expire on July 20, 2008.

This application will be reviewed by the municipal planning commission on June 5, 2008.

Chairman Miller made a motion, seconded by Supervisor Muir to accept for review and consideration the William & Michelle Crumrine-Add on Subdivision Plan Application.

Vote 3-0

4. Unfinished Business –

Municipal Complex Planning

Riebling provided a draft architectural RFP to the Board of Supervisors for their review.

Capital Reserve MR Fee-in-Lieu Policy

Riebling reported that an error was found in reporting of a fee-in-lieu deposit. The funds were deposited but when the Secretary/Treasurer entered the deposit in Quickbooks she had entered the incorrect date. The error has been corrected. Riebling reported that all other fee-in-lieu payments have been recorded and reported correctly. Riebling reported that the auditors will be coming back in to verify and maintain the trust of the residents that the deposit is valid. Riebling reported that a new procedure has been put in to place to prevent this from happening again. The Secretary/Treasurer will enter the checks in to Quickbooks, record the checks on a deposit slip for the bank and print out a deposit record from Quickbooks. Riebling will then verify the deposit date, the checks deposited and the amount and sign off on the Quickbooks deposit record to keep on file.

Riebling stated we haven’t come up with any final remedy on how to handle fee-in-lieu payments. After a brief discussion it has been determined to leave the policy as is.

Recreation Board Resignation & Appointment

No candidates at this time

Municipal Building Door Replacement – Discussion & Costing

Chairman Miller will be looking in to getting a few more quotes.

5. New Business–

Equipment Bid Opening: Truck, Roller & Leaf Vac

1 bid was received and opened for the 1982 International truck from Rogers Auto Sales in the amount of $640.00.

Chairman Miller made a motion, seconded by Vice Chairman Myers to reject all bids.

Vote 3-0

The advertisement for the equipment will be bid out one more time. Riebling will research if the Merchandiser will qualify as a newspaper and advertise in the Evening Sun.

Insurance Renewal

Supervisor Muir made a motion, seconded by Vice Chairman Myers made a motion to accept the proposed insurance renewal from Keller Brown Insurance Services.

Vote 3-0

Penn Township Paving Projects Proposal

Chairman Miller reported that the Road Department would go to Penn Township to do paving projects and in return we would be able to use their grader for the Allison Mill Rd. project.

Riebling stated they were looking to get approval from the Board to move forward on working towards what projects they would be able to fit in to the Road Masters schedule. The Board approved proceeding towards an agreement.

Materials Bid Letting

Supervisor Muir made a motion, seconded by Vice Chairman Myers to advertise the 2008 Materials Bid Letting for May 19, 2008.

Vote 3-0

Road Inspection Date

Board of Supervisors has scheduled to meet with the Road Department to go out and do road inspections on May 1, 2008.

Violation/Enforcement Issues

Riebling reported on various violation and enforcement issues throughout the township.

Riebling reported when he started employment at the township he was told that our waste management regulations state that a garbage bag is a container. Riebling looked in to the townships waste management regulations and it requires a container. Riebling will write up information for the newsletter to inform residents that containers are required in the township.

SWSD Manheim Elementary School Addition

Riebling provided current plans to the board in regards to the Manheim Elementary School addition.

Road Side Spot Herbicide

Chairman Miller made a motion, seconded by Vice Chairman Myers to approve the advertisement of road side spot herbicide spraying from May 01 – May 31, 2008.

Vote 3-0

6. Purchase Requisitions -

Calcium Chloride for Dirt Roads - $5,640.00 from JMG

Supervisor Muir made a motion, seconded by Vice Chairman Myers to approve the purchase of Calcium Chloride for Dirt Roads - $5,640.00 from JMG.

Vote 3-0

7. Training Notices (Brochures included in report)

None

Next Meeting

Next Regular Meeting – May 19, 2008 at 7:00 PM

There being no further business Chairman Miller adjourned the meeting at 9:38 PM.

Respectfully Submitted,

Secretary-Treasurer