The Conewago Township Board of Supervisors held their regular meeting, Wednesday, April 9, 2003. Those present were:

The meeting was called to order by Chairman Graybill at 7:30PM. He also announced that they had an Executive Session meeting to discuss a legal issue prior to this meeting.

MINUTES OF March 12, 2003 - Motion by Rochat second by Graybill to approve the March 12, 2003 minutes as submitted. Motion carried.

MINUTES OF SPECIAL MEETING - March 19, 2003 - Motion by Rochat second by Graybill to approve the March 19, 2003 minutes as submitted, after correcting page 2 under questions to read, "All residents will pay same hookup fee of $6,000, but those residents with grinder pumps would receive a partial credit from DTMA to help offset the cost of the grinder pumps." Motion carried.

TREASURER'S REPORT - March 31, 2003 - A motion by Graybill second by Rochat to approve the Treasurer's Report dated March 31, 2003, subject to audit. Motion carried.

EXPENDITURES REPORT - April 9, 2003 - Motion by Rochat second by Graybill to approve the expenditure report dated April 9, 2003 in the amount of $50,912.31. Motion carried.

SUBDIVISION/ENGINEERING FEES & STATUS REPORTS - Billing all up-to-date.

PLANNING COMMISSION MINUTES - March 31, 2003 - For review only.

PUBLIC COMMENTS - Chantal Atnip asked if the agreement was signed with DTMA and it was. She also commented that the snow removal this winter has been the best the township ever did.

PROPERTY MAINTENANCE ORDINANCE - The Solicitor said the property maintenance ordinance is still on hold and now that the tax season is over, he will be able to work on it in May or June.

PENNVEST UPDATE - There are some issues involving PENNVEST application. We did receive a letter of no prejudice indicating that DTMA can proceed with project. There are a few issues with rules and regulations outstanding with DEP and PENNVEST which have to do with the number of grinder pumps being used or not being used and the cost of project. It will be some time before we know if we will go with PENNVEST or DTMA funding because the Board is still attempting to get lower interest rates and lower monthly cost for our residents.

DTMA INTERMUNICIPAL SEWER AGREEMENT - The intermunicipal agreement with Londonderry is similar to Conewago's agreement with DTMA and is needed because there are 10 or 12 homes in Londonderry along the boundary lines which will be connecting as part of Hills of Waterford. This will require Londonderry residents to comply with regulations of Conewago and Derry including adoption of necessary ordinances, etc. The solicitor said it is fine to sign the agreement since they will be participating and helping to pay for the project. Londonderry approved this agreement at their meeting. A motion by Rochat second by Graybill to execute the Intermunicipal Sewer Agreement between, Londonderry, Conewago and DTMA. Motion carried.

DTMA STATUS REPORT - Kim Bloom, DTMA reported that the contractor will be doing first part of project in Derry Twp. in May and when that is finished will start with a larger crew in June. DTMA will be meeting the end of April with contractor to see exactly what his plan is and DTMA will be sending letters to Conewago, Londonderry and Derry residents to let them know when they will be in their area. The contract has an 18-month construction from May 1, 2003 until November, 2004. There is a penalty if construction goes over 18 months, but DTMA did not have problems with this contractor and he has always finished projects on time.

OLDS MANAGEMENT PROGRAM - The solicitor sent 8 letters of complaint for Year 2001, to those resident who didn't comply. There was one or two letters sent that shouldn't have been, one sent to husband instead of his widow, one was a holding tank, and couldn't locate paperwork. We have two diligently trying to connect and two who we have a judgment against them, and the solicitor will followup on them. Year 2002 - There are only about 12 who have not complied with paperwork and since most of them have responded and have appointments to do an inspection/pumping, the secretary will followup and they will be served a letter of complaint in May, 2003. PHASE 1 - PUMPING DUE - The engineer will draft letters for those residents due to pump and will see the township gets them to do a bulk mailing in April, 2003.

CONEWAGO WATERSHED - Jay Book - Jay Book reported projects and activities for Tri-County Conewago Creek Association: Growing Greener Startup Grant - WREN Grant, Website: www.conewagocreek.org (under construction); Stoffel Planting Project, April 19, 2003 meet at Lawn Fire Co. at 8:45AM bring gloves, shovels and pruners; Watershed Snapshot, May 10, 2003, County Watershed Specialist will lead event, they go into streams and analyze what critters in stream, etc., Birdwatching Hike, May 24, 2003, meet at 8:00AM Lebanon Valley Rails-to-Trails in Colebrook. Led by Larry Coble and Tom McKinne; Elizabethtown College Students Projects - through the WREN grant are itemizing a list of properties located in watershed.

REAPPOINTMENT OF PLANNING COMMISSION BOARD MEMBERS - Terry Whitmeyer and David Coble, term expired April 30, 2003. A motion by Rochat second by Graybill to table until next meeting. Motion carried.

JEFFREY L. AND KAREN S. WEAVER - Land Development Plan Waiver - Zoning is Ag - R.D.1 Box 80, Brandt Road, Hershey.
The Weavers are proposing to erect 28 x 38 ft., 2 car garage where, there is presently a chicken house, which will be relocated. A motion by Brandt second by Rochat to grant a waiver of land development subject to township engineers approval of storm water management. Motion carried.

DAVID M. AND PATRICIA EPLER - Land Development Plan Waiver - Residential Country 2669 Mill Road, Elizabethtown.
The Eplers are proposing to build a 30 x 40 garage for personal use. A motion by Rochat second by Brandt to grant a waiver of land development subject to township engineers approval of storm water management. Motion carried.

BATZ SUBDIVISION - They are requesting a time extension, if needed, to permit more time for DEP to review sewage exemption card and Dauphin County Conservation District to review the plan. A motion by Rochat second by Graybill to approve Batz Subdivision subject to DEP's review and approval of exemption card. Motion carried.

GARY W. & PATRICIA A. BURK - Final Subdivision Plan, 2840 Chestnut Road, Elizabethtown, Zoned - Residential Suburban.
This parcel is a 4 lot subdivision. 1 lot will be an add on to an adjacent landowner and other 3 lots will be new residential lots along Chestnut Road.

The Gary W. and Patricia A. Bunk Final Subdivision Plan was initially reviewed at the February 24, 2003 Planning Commission. The plan has been reviewed under the Conewago Township Code of Ordinances, Ordinance No. 1997-1, dated January 6, 1997, as amended. The following comments are offered based on review by township engineer, still need to be addressed:
SUBDIVISION AND LAND DEVELOPMENT - CHAPTER 22

5. 407.1.A.(17) - Erosion and sedimentation plan approval from the Dauphin County Conservation District should be received prior to final approval or a written request for a waiver should be received and approved.
8. 407.1.A(20)(f) - A copy of the Department of Environmental Protection planning module approval must be submitted or exemption approved by the Township SEO, A (March 12, 2003) motion by Rochat second by Graybill to send Burk Planning Module to DEP
7. 407.1.A.(20)(j) - A new deed for the combined property of Grove must be prepared, approved by the solicitor, executed and submitted to the solicitor before recording of the plan. The deeds will be recorded along with the plans.
12. 613 - Existing streets shall be widened to the Township requirements, including shoulders, unless a written request for a waiver is received and approved.

A motion by Rochat second by Graybill to grant the Burk Plan a waiver of curbs and sidewalks. Motion carried.

The township engineer will look at and make a recommendation, if a swale should be put in where Burk has raised a portion of his property to be even with road. The engineer mentioned you couldn't send DEP module in until the Board decides about widening of road, with paved shoulder and swale.

A motion by Graybill second by Rochat to table plan until next meeting.

CONEWAGO PLACE - FINAL LAND DEVELOPMENT PLAN, 424 Nye Rd., Hummelstown. Zoned - Residential Suburban.
Conewago Place is proposing to add a 3,094 sq. ft. addition to their present building which will be used mostly for offices, storage, conference room, counseling, computer lab and bedroom space. This is a conforming use building and may only increase by 50%. The maximum number of beds allowed will be 69.

The Conewago Place Final Development Plan was initially reviewed at the January 27, 2003 Planning Commission meeting. The second submission (February 24, 2003) of the plan has been reviewed under the Conewago Township Code of Ordinances, Ordinance No. 1997-1, dated January 6, 1997, as amended. The original comments have been addressed have been deleted and original comment numbers have been retained for ease of review. The following comments are offered based on the township engineers review.
SUBDIVISION AND LAND DEVELOPMENT - CHAPTER 22

7. Waiver of the Preliminary Plan Submission, section 403.1 must be granted by the Board of Supervisors prior to approval of plan. A motion by Rochat second by Graybill to grant waiver of Preliminary Subdivision for Conewago Place
8. 407.1.A(5) - The certification of title must be signed and notarized.
5. a. 407.1.A(13) - The building setback lines should be added to the plan. Correct the setback along Nye and Church Roads to 40 feet.
5. b. 407.1.A(17) - Erosion and sedimentation plan approval from the Dauphin County Conservation District should be received prior to final approval or a written request for a waiver should be received and approved.
7. 407.1.A(20)(D) - provides certificates from utility companies to supply service.
8. 407.1.A(20)(f) - A copy of the Department of Environmental Protection planning module approval must be submitted or the exemption approved by the Township SEO and/or Derry Township Municipal Authority. (See letter from DTMA dated March 14, 2003).

The township engineer said the plan was reviewed on January 27, 2003, and verbally asked for a letter of extension from Conewago Place. A motion by Graybill second by Rochat to table the plan until the next meeting.

JAY ZIEGLER - DIESEL FUEL SPILL - On January 4, 2003, he had the misfortune of a diesel fuel spill from Steve Hein's General Store through Hall's Explosive onto Mr. Ziegler's swale and all the way through his property. DEP is involved and requiring a cleanup by Galen Shelly. Mr. Ziegler never got back to township engineer regarding this situation. The township engineer will contact Mr. Zeigler and report back to the Board at next meeting.

DANIEL STOLTZFUS - Parcel No. 22-12-4, 92.6 Acres with House, Parcel No. 22-12-46, 1.06 Acres and 22-12-32. 12.63 Acres - Zoned Agriculture - There are 3 different parcels, but he wants to know if he can sell Lot 9. He already sold the maximum number of parcels allowed in the township ordinance for subdivision. The solicitor doesn't think he can sell the parcels as separate lots, he might have to sell the whole farm, and he is not sure if it would meet the township requirements. Since he came in to check into this situation, the secretary was able to get him to comply with 2001 Inspection/Pumping by signing the letter for Land Only for Parcels, 22-12- 46 and 22-12-32. The secretary also sent a letter and packet to him to do the Inspection/Pumping Report for Parcel 22-12-4 by May 22, 2003.

FRANK ENGLISH (HARVEY GIPE FARM) - Sketch Plan - Zoned Residential Country ENGLISH ESTATES - 1964 Deodate Road, Elizabethtown.
This sketch plan was brought before the Planning Commission, March 31, 2003. Mr. English is proposing to purchase the Harvey Gipe farm located along Deodate Road. He is proposing to develop the farm into approximately 35 to 46 homes; 10 acres north of the turnpike will be sold to an adjoining property owner. This was an informal discussion; therefore, no action was taken. Wilmer Martin is the adjoining property owner and is interested in 10 acres north of the turnpike. The solicitor suggested he get an agreement in writing from Mr. Gipe, and when property is sold, to subdivide the 10 acres all at same time. The township engineer mentioned that combined deed to show all (1) parcel, but the County needs to know part of it is in Londonderry.

Motion by Rochat second by Graybill to adjourn at 9:30 PM. Motion carried.

   Submitted by,
   Shirley Bretz,
   Township Secretary