Minutes, Manheim Township Board of Supervisors Meeting April 19, 2010

The following were in attendance:

Larry Miller

Matt Muir 

Not Present:

Dwight Myers 

Township Staff:

Loren Riebling, Township Manager

Lynn Smith, Road Master

Michelle Hershey, Secretary-Treasurer 

Solicitor:

Not Present 

There were 12 persons in the audience. 

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

Executive Session(s)-

None 

Announcements-

None 

Public Hearing-

Chairman Miller opened the Public Hearing for the Comcast Cable Franchise Renewal at 7:04 PM. Chairman Miller made opening remarks for the Public Hearing on the Cable Franchise Renewal, stating the purpose of the public hearing is to hear from citizens regarding the following: 

1. The past performance of the cable operator; and
2. The Township’s future cable-related community needs.

Riebling reported that negotiations are in process with Comcast. One thing that was learned is that there are 346 subscribers in Manheim Township which is a total of 26.5% of the dwellings. 

Barb Mills asked how many residents have access to be able to subscribe. Riebling stated that 346 households, or 26.5% of Manheim households subscribe and the density requirements are currently set at 25 homes per mile, which is part of the ongoing negotiations. Supervisor Muir stated even if they don’t give us a density requirement can they at least quote prices if a subscriber chooses to pay extra to have a line run to their home. Brian Fraim stated that he contacted Comcast two years ago and they ran a line to his house and to his neighbor’s homes which is about 2000 feet off the road, Mr. Fraim stated he dug the trench and wasn’t charged for this service. Geraldine Ambrosius asked does Comcast need to get permission to go on private property or is it always run on public roads.  Riebling stated if its a trunk line its in the right of way, if it’s private line or a private street, that’s a private agreement with property owners. Deb Eibl stated that some of the problems may be that when you call you don’t get local communication; you are transferred to different states for customer service. Barb Mills stated that over 10 years ago the government put in Universal Service Fund which was to be able to bring these kinds of services to rural communities.  

There were no further questions Chairman Miller closed the public hearing at 7:18 PM 

Public Comments-

David Miller provided reading documentation to the board and commented on the Tea Party. 

Brian Fraim addressed the board in regards to Ordinance clarification in regards to junk/salvage yards and burning requirements. Mr. Fraim stated that under the ordinance for junk yards it states see salvage yards, but there is nothing listed under salvage yards. Mr. Fraim provided pictures to the board in regards to his neighbor storing junk cars and boats with expired tags. A picture of a burn pile was provided and Mr. Fraim stated that this pile is about 10 feet high.  The board stated that the first course of action is to contact the Zoning Officer to identify if there is an issue. 

Riebling reported that he received thank you letters from the South Western Recreation Committee for the $1,200.00 donation and from the Visiting Nurses Association for the $250.00 donation. 

Chairman Miller stated that two corrections were needed for the March 15, 2010 minutes:

1.   Under Solicitors Report “payable in equal quarterly installments in the amount of $65,000.00” changed to read “payable in equal quarterly installments in the amount of $5,822.16.”

2.   Under Solicitors Report “Solicitor “Elliot to he will be consulting” changed to read “Solicitor Elliot reported that he will be consulting.” 

Chairman Miller made a motion, seconded by Supervisor Muir, to approve the consent package with the stated changes consisting of: monthly Board of Supervisors minutes 03/15/10, Tax Exonerations, Planning Commission Minutes 04/01/10 draft, Recreation Committee Minutes 03/10/10 approved, Auditor Minutes 03/02/10, 03/23/10 approved; Audit Conclusion and  

Findings Letter (03/31/10) and reports from the following: Manager, Treasurers report, Zoning, Road Department, SEO (03/10), SWRPD: Chief’s Report 04/14/10, Monthly Statistics 3/10 & Approved Minutes/Reports of 03/10/10.

Vote 2-0 

2. Solicitor Report –

Riebling reported that the loan settlement for the 2011 International Truck was completed at Solicitor Elliot’s office. Vice Chairman Myers, Secretary-Treasurer Hershey signed all documentation for the loan. 

Riebling reported that he worked with Solicitor Elliot on the wording of the 2^nd class township code for the supervisors health insurance. 

3. Committee Reports –

1. Southwestern Regional Police Department –

Next SWRPB meeting, May 12, 2010 at 7:00 pm at 6115 Thoman Road.

2. EMA –

3. Rec. Board –

The next meeting will be May 12, 2010 @ 7:00 PM.  

Barb Mills reported that the Recreation Committee is continuing to sell raffle tickets. Barb Mills reported that she has been in contact with the Manheim Athletic Association in regards to the care of the football field. The Manheim Athletic Association assumed they were to only take care of the field when it was being used for the football season. The Board stated it was discussed and determined that the Manheim Athletic Association is responsible to care for the field area all year and the Manheim Township Road Department will care for the rest of the proposed park land.  

Chairman Miller made a motion, seconded by Supervisor Muir to have Township Manager Riebling send letter of clarification to the chairperson of the Manheim Athletic Association.

Vote 2-0 

4.  Local Government Advisory Committee-

Next meeting April 28, 2010.

LGAC Member Lynn Smith reported that the annual dinner meeting will be held on May 19^th and requested that he be able to attend. LGAC Alternate David Miller also requested that he be able to attend. 

Supervisor Muir made a motion, seconded by Chairman Miller to approve Lynn Smith and David Miller to attend the annual LGAC dinner meeting on May 19, 2010 at $32.00 per person.

Vote 2-0

C.  Subdivision –

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 June 15, 2010. 

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

The applicant has submitted revised plans and MR’s 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 were conditionally approved by the Board on December 21, 2009, with the following conditions:

A.    Notice of approval of the erosion control plan from the York County Conservation District.

B.     Submission and approval of the well yield, drawdown and interference report for the proposed lots as required in MR B.

C.     Adding road reconstruction (Landis Road) details or general notes resulting from agreement on terms.

D.    Revising general note 19 to include intersection clear sight triangle easement on Miller property.

E.     Providing survey data for drainage easements related and contributing to the public street(s).

F.      Submission of all outstanding fees related to municipal engineering reviews. 

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

The Board conditionally approved the revised applications on September 21, 2009. The ninety day period to meet conditions will expire on April 19, 2010. 

The following condition applies:

1. Submission of a revised use and maintenance agreements for Highland Lane, to be recorded with the final plan.

The applicant is requesting a time extension to meet the conditions of approval. Upon favorable action, the deadline would be July 19, 2010. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve the extension request for the Randal & Patricia Smith – 2 Lot Final Plan and Modification Request Applications.

Vote 2-0 

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 6, 2010. 

The application has been reviewed by all required agencies with comments provided. 

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.

F.      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.

G.     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 lot’s subsequent owner. 

These applications can remain tabled until all agency comments are addressed and required approvals or notices are submitted. 

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 May 12, 2010. 

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 

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. 

The applicant has submitted a 90 day extension request. Upon favorable action the ninety day review period would expire on August 10, 2010. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve the 90 day extension request for the Dan Rodgers – Lot 6 Grave Run Road – 3 lot Final Plan Application.

Vote 2-0  

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 June 20, 2010. 

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

On August 17, 2009, the Board acted on the requested agencies with comments provided. 

1. Sections 403.A.1.b – Plan Scale – The applicant requested that he be permitted to show proposed design features on a parent tract of more than 10 acres at a scale of 1”=80’. Recommend approval of this request.
2. Section 409.B- Sewer Feasibility Report – The applicant requests that he be permitted to submit a sewage planning module utilizing on-lot sewage disposal based on soils tests in lieu of preparing Sewer Feasibility Report. Recommend approval of this request.
3. Section 502.5.A.1 – Reconstruction of Existing Streets – The applicant is proposing to provide shoulder drainage along Dry Bridge Road, but requests consideration be given to requiring the street be reconstructed since Dry Bridge Road was recently paved to a total width of 22 feet. Recommend approval of this request, conditioned on providing a fee-in-lieu for the paving required to meet the ultimate width of 24 feet for Dry Bridge Road (12 feet per side) based on cost estimates prepared by the applicant.
4. Section 512- Public Dedication of Park Land – The applicant requests to provide a fee in lieu of dedicating park land. Recommend approval of this request.
5. Section 510.B.7.a- 2 year Storm Peak Rate Reduction – The applicant requests that he not be required to reduce the peak runoff rate from the 2-year storm by 50%. In the alternative, the applicant proposes to keep the post development peak rate the same as predevelopment. Recommend deferring action on the request to allow the applicant to propose an alternative storm water reduction design that more closely meets the intents of this requirement.

Harry Ramage addressed the board in regards to a potential revision to this application. After a brief discussion on the proposed plan revision, the board agreed that this is a much better plan than the current plan that has been submitted. 

These applications can remain tabled until all agency comments are addressed and required approvals or notices are submitted. 

Manheim Adventure – Land Development Plan & MR Applications

These applications were submitted for initial review on August 17, 2009. The 90 day review period expiration will be May 17, 2010. 

On October 19, 2009, the Board approved all requested modifications as listed below: 

1. Section 305 – Preliminary Plan Processing – The applicant requested to be permitted to submit plans meeting the requirements of both Preliminary Plan and a Final Plan.
2. Section 505.H – Lighting Plan – The applicant requested that the requirement be waived as “dusk to dawn” lighting will be utilized.

These applications were conditionally approved by the Board on December 21, 2009, with the following conditions:

1. Notice of approval of the erosion control plan from the York County Conservation District.
2. Obtaining downstream adjoining recipient’s signature on plan for accepting storm water release from the proposed project. (Have signature on letter submitted with the E&S Plan).

Riebling reported that he is in the process of sending in a resubmission to DCNR just to meet a couple of minor comments that were listed. One large concern that they had was because of the extent of match that we have as in kind. DCNR would like us to provide details on proposed services and expenses. We have a letter of intent and confirmed delivery from DOLI on the fill and CJ Miller on the millings. We’ve requested a letter from Kinsley in the event that they would agree to help out and trees from Vice Chairman Myers being donated. Without the trees and without Kinsley we have $49,400.00 of in kind match. We are looking to get $100,000.00 total. The more that we can come up with in, in kind match or donated goods or services the less we have to spend out of the general fund.  

Riebling reported that he has a meeting up at the recreation park site with York County Conservation District to start the process to see if we can phase just the storm water facility and can just put the filter sock in at that area so the road department can get started.  Riebling stated that he has a verbal and written notice to proceed. 

Glenville Hollow Farms (Yingling)- 11 Lot Fianl Plan and Modification Request Applications 

This application was submitted on March 3, 2010. An initial review was completed on March 10, 2010, and the application was found to be adequate. Recommend accepting this application for review and consideration provided a final storm water management report accompanies the application submission to our municipal engineer. 

This application can remain tabled until all required reviews are complete and comments provided. 

New Applications:

None 

D. Unfinished Business –

Legislative Update;

1.      Raising Minimums for Required Bidding – SB319 & HB 607 (1st consideration; referred to Appropriations 03/30/2009).

2.      Separations Act Minimum from $4,000.00 to $25,000.00 – SB330 (Referred to L&I 2/20/09).

3.      School Impact Fees – SB552 & HB 1527 (Referred to Local Government Committee 3/2/2009 & 5/26/2009, respectively).

4.      Auto extensions on S/D & permits – SB 569 (Approved June 25, 2009, 50-0, referred to House Committee on June 29, 2009).

5.      Monthly Notification of Development to School District – HB 1754 (Passed House 198-0 July 7, 2009; Re-Referred to Senate Appropriations August 11, 2009).

6.      PSP Coverage Fee – HB 1500 (recommitted to appropriations September 11, 2009).

7.      Requiring proof of no outstanding liens for contractor’s involved in dwelling construction – HB 2042 (Introduced October 14, 2009, Re-referred to Labor Relations December 9, 2009). 

Violation/Enforcement Notice

None 

St. John’s Church Proposal – Update

Nothing to report 

Public Works Building – Select General Design Scheme

Tabled discussion for next meeting due to Vice Chairman Myers absence. 

Pension Plan Policy for New Hires

Work in progress 

Fence Set-backs – Further Discussion

After a brief discussion on the Planning Commissions suggestions the board felt that a minimum setback of at least 2 feet needs to be inserted. 

ILOC Reduction/Release – Engineering Report - Tracy Plan

Riebling reported that the engineer recommended denying the ILOC Reduction/Release for the Tracy Plan. 

Chairman Miller made a motion, seconded by Supervisor Muir to deny the ILOC Reduction/Release for the Tracy Plan.

Vote 2-0 

2010 Road Projects – Discussion on funding and specific projects

Riebling reviewed with the board the total amount that would be available for 2010 Road projects. If funds are only used from the General and State fund accounts, the amount available would be $161,947.00. If additional funds are used from Capital Reserve for Pine Tree and Summit, we would have $185,004.00. Once all bids have been submitted at the May 17, 2010 meeting we can determine what work can be done. 

E. New Business–

Parent Tract Definition, Deck, Porch & Fence Set-back, SWM Methodology Amendment

Riebling reported that the parent tract definition went through the planning commission and engineer and it is agreed that this achieves the objectives as discussed. The only thing that changed with Deck and Porch set-backs is under section 401 striking out section D because that’s where it says setbacks do not apply to fences and retaining walls.  401.4.A makes it clear the set-back regulations do apply to unenclosed and uncovered porches or decks. The methods of storm water calculation was written by the engineer to clarify storm water methodology is used based on acreage and drainage areas. 

Supervisor Muir made a motion, seconded by Chairman Miller to approve the review process, place the advertisement, submit to York County Planning for their review and submit for legal review in preparation of the amendment for public hearing and adoption at the June 21, 2010 meeting.

Vote 2-0 

Cell Phone Update

Riebling reported that he’s been in contact with AT&T. They are currently looking through their report to let us know whether the family share plan will be more cost effective.  Riebling stated that he and Chairman Miller met with representatives from AT&T and received all but one bill and the total amount due since June 2007 is $5,660.00 to offset the account. We are waiting to hear back from AT&T to get the final resolution on this matter. 

Resolution 474 – Agent Designation for Snow Disaster Assistance

Chairman Miller made a motion, seconded by Supervisor Muir to approve Resolution 474 – Agent Designation for Snow Disaster Assistance.

Vote 2-0 

Assign Pete Schilling of CCIS as Manheim Township BCO beginning April 20, 2010.

Chairman Miller made a motion seconded by Supervisor Muir to transfer the Manheim Township BCO duties from Loren Riebling to Pete Schilling of CCIS beginning April 20, 2010.

Vote 2-0 

2010 Materials Bid Letting

Riebling provided the 2009 and 2010 bid spreadsheets with material and quantity updates. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve the 2010 materials bid letting.

Vote 2-0 

Insurance Renewal – Discussion on Status

Riebling reported that there was an increase this year in property, general liability, auto liability, and public official liability of only $94.95. Workers Compensation went up $212.00. There were some incidents that happened that affected the experience modifier. Total increase is $306.95; going from a total of $18,080.00 to $18,387.00. 

Chairman Miller made a motion, seconded by Supervisor Muir to approve the insurance renewal rate of $18,387.00.

Vote 2-0 

Purchase Requisitions

Skid Loader Rental for Park Work – NTE $3,000.00

Supervisor Muir made a motion, seconded by Chairman Miller to approve the skid loader rental for the recreation park with a NTE of $3,000.00.

Vote 2-0 

Portable Water Pump Replacement - $350.00

Chairman Miller made a motion, seconded by Supervisor Muir to approve the purchase of portable water pump replacement with a cost of $350.00

Vote 2-0 

Electric Breaker Hammer - $400.00

Chairman Miller made a motion, seconded by Supervisor Muir to approve the purchase of the electric breaker hammer in the amount of $400.00

Vote 2-0 

Training Notices

Paver , Compactor & Maintenance Training for Dave Shue – Road Institute in Chambersburg on April 27 – 30 or May 11 – 14; $500.00 

Supervisor Muir made a motion, seconded by Chairman Miller to approve the cost of $500.00 for Dave Shue to attend the Road Institute in Chambersburg.

Vote 2-0

Next Board Meeting – May 17, 2010 @ 7:00 pm 

Respectfully Submitted,  

Secretary-Treasurer