CONEWAGO TOWNSHIP BOARD OF SUPERVISORS 3279 Old Hershey Road Elizabethtown, PA Tel. No. (717) Fax (717)

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1 John D. Rochat Chairman Jay M.Brandt Vice Chairman Galen Shelly CONEWAGO TOWNSHIP BOARD OF SUPERVISORS 3279 Old Hershey Road Elizabethtown, PA Tel. No. (717) Fax (717) Shirley Bretz Twp.Secretary Dolores Kuntz Assistant Secretary/ Treasurer BOARD OF SUPERVISORS MEETING The Conewago Township Board of Supervisors held their regular meeting Wednesday, September 14, Those present were: John Rochat Galen Shelly Jay Brandt Shirley Bretz Jon Yost Max Shradley Dolores Kuntz Joel Buckley Elvin & Ann Hitz Rosalie Sarfert Tom Ridden Bill Witman Clair & Edie Kreider Sue Middlesworth Michele Coleman Peter Czuday Terry Whitmeyer Diane Stricker, Patriot-News Wayne Schutz, DTMA Ralph Watters, DTMA Ed Ellinger, HRG Steve Criswell Darren Weaver Marvin & Shirley Weaver Greg Hill Melissa Loy Peter Henninger The meeting was called to order by Chairman Rochat at 7:35 PM. MINUTES OF JULY 13, 2005 AND AUGUST 10, A motion by Shelly second by Rochat to approve the minutes of July 13, 2005 and August 10, 2005 as submitted. Motion carried. TREASURER S REPORT AUGUST 31, 2005 A motion by Rochat second by Shelly to approve the Treasurer s Report dated August 31, 2005 subject to audit. Motion carried. EXPENDITURE REPORT SEPTEMBER 14, 2005 A motion by Brandt second by Rochat to approve the Expenditure Report dated in the amount of $19, Motion carried. SUBDIVISION/ENGINEERING FEES REPORT - Bills all up-to-date. PLANNING COMMISSION MINUTES August 29, For review only.

2 Board of Supervisors Meeting, Continued -2- PUBLIC COMMENTS Sue Middleworth s, 16 Pheasant Drive, Hershey, Storm water Issue She recently bought the property and she has four township drains on her property,with a stream and storm water has caused a stream of water which over times caused trees to lean, fallen trees that have extensive erosion. She would like the trees removed. The water from the storm drain is running onto her property and the next door neighbor. Brandt said her lot and the next lot are part of storm water retention for Cedar Woods Development. He stated it s a water storage area to slow down and restrict flow of water, but Middleworth s said the grates are bad and it s not stopping the flow of water. Rochat said we need to check the plans to see what the plan shows pertaining to storm water retention, and requested the Township Engineer check the plan to see if this is a township problem or personal problem, and will report back at October meeting. Joel Buckley He wanted to note there was an advertised meeting for 7:00 PM for tonight to consider Act 537 Update. Rochat stated it must have been a misprint, this is not a public hearing and not required except at regular meeting at 7:30 PM. Regarding comments on Act 537 Update, Buckley sent the Supervisors a summarized letter with his comments He said we failed to notify the public, and the township should hold a new public comment notice. As he reviewed the plan in needs analysis, cost of running the sewer through DTMA, funding is assumed 1% for 30 year term, and the cost has doubled for sewer system from 2.5 million to 5. million. He said all they did was rerun the alternatives from 1998 with no consideration to other alternatives. Terry Whitmeyer He mentioned that he has the same problem as Middleworth s, and he has been dealing with the situation for over 30 years in Laurel Woods. The grade level of road is raised, which caused additional water problems. He also mentioned there have been several burglaries on Rt and there was a problem with 911. The call was routed to Lebanon County and they did not transfer the call to Dauphin. Rochat will check with state police, but it is probably a dispatcher problem and should have been transferred straight through. Elvin Hitz He said there should have been better advertising for Act 537, because there are more than several residents in that area. Ann Hitz, 5393 Ridge Road She asked how much run off must you take from your neighbor s property. It runs onto her mother s property. Brandt will check on this problem and will hopefully find a solution. Steve Criswell Corner of Rt. 743 and Ridge Road - The cars run off the road on Rt. 743 onto his property, and with all the repairs on Rt. 743, he would like the guard-rails replaced. There were guardrails there before he bought the property. He has small children and he is concerned with their safety because of the new storm drain the state put in under the road. The new pipe is round and it is a safety issue with his children living there. He asked the state if they could put a grate over the hole and he hasn t heard from them. Rochat will check both issues and get back to them. Wilmer Martin He wanted to know what the purpose of the Property Maintenance Ordinance is. Rochat briefly explained the primary purpose of this ordinance was to be used as a tool for properties that were abandoned, rat infested, and a health hazard. Our solicitor drafted this ordinance based on information from the International Property Maintenance Code.

3 Board of Supervisors Meeting, Continued -3- PROPERTY MAINTENANCE ORDINANCE This ordinance was tabled at the August meeting for any comments or changes due by this meeting date, and the Chairman asked if the Board wanted to act on this tonight. Brandt said that the residents had a lot of questions and they do not want an ordinance like this. A motion by Brandt second by Shelly to reject adoption of the Property Maintenance Ordinance. Motion carried. PARK & RECREATION COMMITTEE Appoint 5-Member Board The Township adopted a Park & Recreation Plan. This plan is needed to make developers contribute financially toward s recreation. This board would work with the Assistant Zoning Officer, make recommendations to the Board of Supervisors for a fee in lieu of, and work on an ordinance for Park & Recreation. The solicitor said the purpose of this committee is when developers come in with a Subdivision Plan that would be part of the land development and the fee in lieu of could be designated for a certain location and must be used within three year. A motion by Rochat second by Shelly to appoint the following residents to the Park and Recreation Committee: Dan Baker, Stephanie Ebersole, Jason Parmer, and Laurie Rochat and Sherry Weaver to work with the Assistant Zoning Officer. Motion carried. OLDS MANAGEMENT UPDATE DATABASE See letter dated September 8, 2005 for an agreement with Rettew Associates to update the OLDS Database and the Scope of Services. The township engineer said the main update would include new parcel data acquired from Dauphin County, to transfer OLDS Management database and GIS to the Township s newer computer, and automate the process for mailings by township personnel. The Conewago Township s current OLDS Manageement Database is more than 5 years old. The database was designed for entries for new inspections, and now the majority of entries are for follow-up pumpings. Additionally, many homes are being taken off the inspection/pumping rolls, as new areas of the Township come under public sewer. This is also reimbursable on the Act 537 Year End Report. A motion by Rochat second by Shelly to authorize and execute the contract with Rettew Associates to update the OLDS Management in the lump sum fee of $3,350., and any additional services would be invoiced at the end of each 4-week billing period for work actually performed. Motion carried. PENNVEST APPLICATION EXPENSES AND APPROVAL FOR PAYMENTS The solicitor asked for approval for PENNVEST Application #19 in the amount of $2, including interest, engineering fees, etc. A motion by Rochat second by Shelly to submit Application #19 for payment for reimbursement from PENNVEST in the amount of $2, Motion carried.

4 Board of Supervisors Meeting, Continued -4- PHASE I MANDATORY ENFORCEMENT FOR HOOKUP TO DTMA DTMA took action for permit fees outstanding as of and they are as follows: Francis & Vanessa Schofield 2652 Chestnut Rd., Elizabethtown, PA were scheduled for work , but Lech Bros., as of still does not have a signed contract or down payment from them. Daniel, Margaret, & Jeffrey Neagley, 2496 Chestnut Road, Elizabethtown, PA 17022, no permit ever picked up. Lien filed for fee, turned over to township. And Sheriff s sale notice for sale on The Board authorized the Township Solicitor to send them a 30 day notice to hookup to DTMA sewer or a notice will be filed with the District Justice. PHASE II ACTION TO APPROVE TIER 2 ANALYSIS FOR ACT 537 UPDATE - Rochat said the Engineer from HRG is here and he will comment, but Rochat s commented regarding the Public Comments. They are required by law, but that the Board received comments which were lengthy after the 30-day deadline. The Board went ahead and honored those questions and responded to and included them in the analysis which was at a great expense to the township. Other comments were made regarding that it was not properly advertised. This is a misconception and misinformation because DEP approved Act 537 in This is not a new plan, it is an analysis of the need. The fight about whether the sewer is needed was settled in 1998 when the plan was adopted, we didn t add or take away any area. We are mandated by DEP to do a follow-up with an analysis to assistance for funding. You ve heard from sources including editorials in newspapers that the Phase II Sewer Area would cost $31,500. The same individual who wrote this two years ago stated Phase I over 25 years would cost residents $31,500. This is not accurate, that was Phase I and the figures initially looked high, but he said he nor anyother supervisors would have voted or supported anything costing residents that much. The purpose of the needs analysis is to see if the need is still there for Phase II Sewer, and to see how the wells and septic systems are now. They are much worse now. It should be noted the plan was approved by DEP in 1998, and now we are amending the needs analysis. The township worked with DTMA for Phase I for hookup fee, received a grant at 1% loan from PENNVEST which allowed our residents to pay $5,000., which is the same fee as Derry Twp. Ed Ellinger, Engineer HRG - The scope of Act 537 Update Task Activity as approved by DEP Tier 2 Analysis. PENNVEST was good to the township last time and we needed to do well sampling and on lot septic system inspections to be considered for funding. The scope was never to go back to the original 1998 Act 537 Update, but with discussion with DEP we had two options for Tier 2; one was put tables together and send to PENNVEST, and Board s consultants chose to follow DEP Guidelines for reimbursement under Act 537. The majority of comments are related to the scope and are based on a misunderstanding of Tier 2, which gives us an opportunity for funding. As Rochat stated we did the same things as Phase I, with same report format and public notice, just changing dates, all which was approved for getting funds from PENNVEST and this is why the township formed an authority, so we could get funding. Brandt said DEP did not mandate the 10- year plan for Phase II.

5 Board of Supervisors Meeting, Continued -5- ACTION TO APPROVE TIER 2 ANALYSIS FOR ACT 537 UPDATE, Continued - Peter Henninger, Solicitor He responded to Brandt stating that on Page 2, DEP approved Act 537 Plan it states it is now Conewago Township s responsibility to implement the Act 537 Plan in accordance within the schedules contained within the Plan. The solicitor stated the advertisement for Plan Update is a Tier 2 Analysis set forth by DEP scope of the project (Task Activity Report). He reviewed the notice and it clearly covers and meets the requirements of the PA Code. What Buckley is referring to is the guide for preparing Act 537 Revision, a 100 page publication which is not a statue or part of PA Codes. It is merely a guideline and it is mandated. The part of Update is Tier 2 Analysis which included cost discussions added to the report by HRG, but that is part of the process and this township has a unique opportunity to get funds this year, which may not be available new year. The formation of an authority is to have a better chance for funding, because now you have another municipality. The ad is proper and to re-advertise would take away your chances of getting funding. Brandt referred to 200 units and there were 130 units before. Ellinger said he would get that information for Brandt, but that it is EBU s are based on school etc., and it has to do with commercial versus residential. Ellinger said the comments received are in the addendum, comments were addressed one by one, and an approval letter was received from Dauphin County Planning to say it is all right. Ellinger only received the Township Planning comments tonight and Rochat tabled the meeting at 9:05 so the engineer and solicitor could review those comments. Our solicitor reviewed the letter from Ken Grubb, Chairman of Planning Commission, and in talking to Ed Ellinger, HRG Engineer he feels these comments have been addressed, and if Mr. Ellinger finds something isn t there; he would bring it back again. Our solicitor is recommending we adopt the resolution for Tier 2, Act 537 based on above statement. A motion by Rochat second by Shelly to adopt Resolution pertaining to Update of Tier 2 Sewer Analysis, Act 537. Motion carried. NO Brandt KOSER BRIDGE REPLACEMENT Nothing to Report PROSPECT BRIDGE REPAIR Nothing to Report REAFFIRM FINAL SUBDIVISION PLAN, EVELYN FARVER, 2843 Hershey Rd., Elizabethtown, PA The township engineer said there is a time frame regarding plans and it is past the 90 days. It needs to be notarized; dedication of right-of-way and nothing has changed on the plan. A motion by Rochat second by Brandt to reaffirm the Final Subdivision Plan for Farver, for 90 days. Motion carried. Shelly-Abstain

6 Board of Supervisors Meeting, Continued -6- TOWNSHIP COMPREHENSIVE PLAN UPDATE Grubb, Chairman of Planning Commission reported they are working on existing use of land areas in the township and will eventually compare them to our zoning ordinance and eventually make necessary recommendations if needed. They are doing a lot of research and at the next meeting will research transportation related issues as well as completing coloring maps. Rochat mentioned that the work the Planning Commission does is a thankless job and the township appreciates everyone who served on this board over the years. Grubb would like a Tack Strip Board to hang on the Conference Room wall to display plans for review ROAD OIL BIDS FOR MATERIALS BID WILL BE AWARDED 8:00 PM - There were three firms that were sent forms for this bid. The Road Master said the only bid received was from Hammaker East, Inc. He opened and read the bid for seal coating roads and for oil chip which is as follows: for 144,679 sq cents per sq. yd. for a total of $115, This includes a list, about miles of roads to be done, and they will supply stone, oil, manpower, and will clean the roads. This bid is good for a year. A motion by Brandt second by Rochat to award the contract to Hammaker East Inc., to do the roads listed on the bid. Motion carried. LAUREL WOODS STORMWATER PROBLEM Already covered under public comments for Whitmeyer. WAIVER OF LAND DEVELOPMENT Marvin & Shirley Weaver, 167 Cedar Road, Hershey, PA, Parcel Zoned Agriculture They are proposing to erect a large building 96 x 180 (17,280 sq. ft.) for the purpose of agricultural use only on their 130 acre farm. The use of the building is for storage of equipment, hay and grain. The Planning Commission granted the waiver of Land Development as submitted subject to the Township Engineer s review and any Zoning issues. A motion by Brandt second by Rochat to approve Waiver of Land Development Plan subject to the Township Engineer s review with respect to Storm Water Management and any Zoning issues such as setback lines. Motion carried. ABERDEEN MILLS DISCUSSION REGARDING ROAD ACCESS Their engineers met with the Township Engineer and the Road Master to discuss road access for the project. They have two access points, but neither one conforms to our ordinance for distance between intersections. Hill road should be 1,000 feet to top of hill, but there is no way to get 1,000 feet from Hertzler to Hill it overlaps 600 ft. He could meet the ordinance, but they would have to tear down two buildings, which he prefers not to do because they are 235 years old and historical. In reviewing our Ordinance, Section 9 allows you to grant modification in peculiar circumstances. He feels this is a peculiar situation, and in making some adjustments to the road they would like to review before they

7 Board of Supervisors Meeting, Continued -7- ABERDEEN MILLS, Continued - come back again, in case they need more than 8%. Also in the Ordinance there are two classifications for streets for intersection separation, a collector street would be 1,000 feet and minor streets are 150 ft. They are proposing a 15 to 18 lot subdivision and lots would vary from 2 to 10 acres. Rochat suggested putting a road in center (800 Ft.) both ways with sight distance. He suggested they come back with a cul-de-sac plan and another sketch plan with an entrance in the center with 800 ft. on either side.. DTMA, RALPH WATTERS, MANAGER He asked about a Joint Meeting with our Sewer Authority, and the Board of Supervisors. Rochat's stated Chairman Hill did a spreadsheet on analysis of proposals from three engineering firms for design of Phase II, and recommends holding a Joint meeting with Sewer Authority, and Board of Supervisors, on October 4, 2005 at 7:00 PM to discuss the potential award for engineering for Phase II. Watters suggested re-reading the letter from DTMA which will analyze how they feel about the project. The secretary will put a legal ad in the newspaper ROCHAT S COMMENTS Regarding Bill for Paving from DTMA. Brandt said PA American Water wants a letter from the township explaining the bill. PA American Water Company delayed the paving for Phase I Sewer, because some people wanted water, which caused an increase cost to the township for paving. Brandt will report back at the October meeting. Citizens Comments at Meeting regarding Turnpike Bridge on Mapledale Road - Rochat talked to Gary Graham regarding Turnpike Bridge and they removed pieces that were loose. Mr. Graham said if there are any other problems to let him know. He also said the bridge is up for Replacement/Repair in 2007, which means they will do some rehab work on the beams, decking, etc. Brandt is concerned about height of the bridge and does not want the rehab to lower the height of the bridge, he would actually like to see height increased. Rochat will draft a letter to Mr. Graham, from PENNDOT. HUMANE SOCIETY AGREEMENT - They sent us a contract for 2006 and Rochat suggested the Board read it, because eventually we will be doing our budget and will need to determine if we want to do this agreement. The letter is based on problems with communities not contributing and they are changing their billing procedure which would be a one-time payment for 2006 with no limit for dogs or cats at $2400. /Yr. ENGLE BUSINESS SYSTEMS Cris, Graffa, Account Representative Rochat and Bretz met with salesman from Engle Business Systems regarding a state contract for a copier proposal. The proposal is for a Toshiba Copier estudio 280 in the amount of $3, (State Contract Price) which includes digital copier, reversing automatic document feeder, and copier stand. This machine would run multi pages sorted and landscaped, and duplex both sides. This is tabled until the October meeting and secretary was requested to ask for a test machine.

8 Board of Supervisors Meeting, Continued -8- PROPOSED DAUPHIN COUNTY COMPREHENSIVE PLAN They want to provide the Planning Commission and Board of Supervisors with an indication of the level of support for the plan from municipalities in Dauphin County. They would like to have the survey returned with any comments we have on the two maps, by September 26, The secretary was advised to ask for an extension, because we are in the process of doing our own Township Comprehensive Plan, and also so that the Planning Commission can review the County Comprehensive Map at their September 26, 2005, and return comments to the Board of Supervisors for their review at their October 4, 2005 meeting. A motion by Rochat second by Shelly to adjourn at 10:25 PM. Next meeting will be October Submitted by Shirley a. Bretz Township Secretary Notes: Conewago Online is not affiliated with the township government. This computer version of a public record 2006 by Joel Buckley. Accuracy is not guaranteed. Revised: 01/26/ :00 pm.

CONEWAGO TOWNSHIP BOARD OF SUPERVISORS 3279 Old Hershey Road Elizabethtown, PA 17022 Tel. No. (717) 534-8556 Fax (717) 533-6643

CONEWAGO TOWNSHIP BOARD OF SUPERVISORS 3279 Old Hershey Road Elizabethtown, PA 17022 Tel. No. (717) 534-8556 Fax (717) 533-6643 John D. Rochat Chairman 533-3831 Jay M.Brandt Vice Chairman 367-3667 Galen Shelly Road Master 367-3722 CONEWAGO TOWNSHIP BOARD OF SUPERVISORS 3279 Old Hershey Road Elizabethtown, PA 17022 Tel. No. (717)

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