December 8, 2004 Board of Supervisors Minutes

CONEWAGO TOWNSHIP BOARD OF SUPERVISORS
Dauphin County, Pennsylvania
3279 Old Hershey Road, Elizabethtown, PA 17022
Tel. No. (717) 534-8556, Fax (717) 533-6643
Jay M. Brandt, Chairman
John D. Rochat, Vice Chairman
Galen H. Shelly
Shirley Bretz, Township Secretary
Dolores Kuntz, Assistant Secretary/Treasurer

The Conewago Township Board of Supervisors held their regular meeting, Wednesday, December 8, 2004. Those present were:

Jay Brandt John Rochat Galen Shelly
Shirley Bretz Dolores Kuntz Jon Yost
Max Shradley Kim Bloom, DTMA Rosalie Sarfert
Joel Buckley Peter Czuday George Giangi
Dave Stillwagon Russ McIntosh Tammy Duran
Stephanie Duran Helen Bleacher Grant Bleacher
Jay Ziegler Terry Houck, The Sun  

Chairman Brandt called the meeting to order at 7:30 PM.

MINUTES of November 10, 2004 - A motion by Rochat second by Shelly to approve the November 10, 2004 minutes as submitted. Motion carried.

TREASURER'S REPORT - November 30, 2004 - A motion by Brandt second by Rochat to approve Treasurer's Report dated November 30, 2004 subject to audit. Motion carried.

EXPENDITURE REPORT - December 8, 2004 - A motion by Rochat second by Brandt to approve the expenditure reported dated December 8, 2004 in the amount of $18,021.13.

SUBDIVISION/ENGINEERING FEES REPORT - Billing all up-to-date.

PLANNING COMMISSION MINUTES - December 6, 2004 - For Review Only.

PUBLIC COMMENTS - George Giangi, Emergency Management Update - He had three topics to discuss with the Board.

  1. Dauphin County Proposal for Grant Money for Emergency Management which represents our township's needs with estimated costs: 2 Bullhorns for Route Alert Teams which will replace inoperable ones. ($200.00); 1 filing cabinet for storage of emergency response documents and equipment ($195.00); Upgrade the electrical panel to allow vital circuits to be fed off of the backup emergency generator in the event of a power outage ($500.00). The total amount requested from Act 147 funds for Conewago Township is estimated at $895.00.
  2. Dauphin County Hazard Plan Adoption Resolution - A resolution of the Board of Supervisors of Conewago Township, to adopt the hazard vulnerability assessment and mitigation plan for Conewago Township. A motion by Rochat second by Brandt to adopt Resolution 2004-7 pertaining to Municipal Hazard Plan. Motion carried.
  3. MET-ED SERVICE - The petitions floating around township have had widespread distribution and we have around 400 names. The area manager is retiring and Giangi met with the replacement manager and he is committed to make several changes to improve the reliability. Giangi will be meeting with him on Monday at Campbelltown to discuss the Campbelltown sub-station and how it feeds Conewago. He wants to see if we can provide backup and quickly recover from power outages. Giangi recommends since we already have Rep. Payne and Met Ed's attention we should pursue this issue and follow-up until we are satisfied with the outcome.

Joel Buckley - Lower Dauphin Area Regional Comprehensive Plan - After 4 years and $130,000. Lower Dauphin Area Regional Comprehensive Plan produced a plan that's bad for Conewago. Serious flaws were identified in the plan 2 years ago and nothing was done to address the flaws, and, therefore, the regional planning process is a failure. Our township Planning Commission has twice recommended rejection of this plan and the regional group still wants Conewago to approve this plan and fix it later. It is time for the Board to act to reject the plan, withdraw from the regional plan and update Conewago's Individual Comprehensive Plan.

ULRICH, 1321 Mapledale Road, Elizabethtown, PA - Bleacher's wanted to know if any action was taken against Ulrich's. The Zoning Officer, Frank Chlebnikow filed a citation pertaining to three zoning issues. They were minimum lot area density for containment of large pets and farm animals, open pasture area required for properties less than five acres, and manure pile and shelter being within 50 ft. of property line. The hearing is scheduled for Friday. December 10, 2004, and the zoning officer will present the case. As a follow-up the Sewage Enforcement Officer was contacted again regarding the sand mound issue and he said conditions are too wet to detect anything coming from sand mound and would check it again in the spring of 2005 when the weather is dry. Also, Dauphin County Control Board, Dept. of Agriculture, Bureau of Dog Law Protection Officer, Paulette Clark responded to this problem and said they were not in violation of any dog laws as of this date, because they only have five dogs. She saw no abuse to animals, but is waiting for proof of dog licenses within 24 hours, and proof of rabies licenses in 48 hours. The Bleacher's also said it appears that they took the dogs for their shots; they removed the goats, and also started to tear down the shed that housed the animals. The solicitor stated that even if they are in compliance by Friday they would still most likely have to pay some portion of a fine, but would probably compromise the fine amount.

PROPERTY MAINTENANCE ORDINANCE - Nothing to Report

PENNVEST APPLICATION EXPENSES AND APPROVAL FOR PAYMENTS - The solicitor asked for approval for PENNVEST Application #11 in the amount of $38,373.28 for engineering fees etc. A motion by Rochat second by Shelly to submit Application #11 for reimbursement from PENNVEST in the amount of $38.373.28 for payment. Motion carried.

The solicitor also asked for authorization of payments for prior invoices. A motion by Rochat second by Brandt to authorize payment for invoices received for PENNVEST funding for Application #9, in amount of $126,934.92 and Application #10 in the amount of $7,763.84. Motion carried.

STATUS REPORT, DTMA - Phase II of Act 537 for Rt. 743 - Phase I - Kim Bloom, DTMA said there is a total of 209 sewer connections, 181 permits have been issued and of those, lll have connected. There are 28 people who need to get permits. These 28 people need to have a signed contract with a plumber before deadline of December 22, 2004, or they will be turned over to the Township for mandatory hookup and lien would be attached to residents's home. Residents were waiting for the water company to finish their project so that their plumber could do sewage and water at the same time. Rochat will call water company to see why their not finished with their project. Phase II - In letter dated November 10, 2004, during DTMA, October 29, 2004 meeting with Rochat, Shradley, and Yost, DTMA agreed to obtain from Buchart-Horn a proposal to take aerial photographs of the area proposed for Phase II sewer construction. The township also received a letter dated December 1, 2004 from DTMA that Phase II is a major step which deserves due deliberation and this may have prompted our decision to table the proposal. They want to make sure there is no problem or dissatisfaction with the proposal and their services. Rochat said we received a proposal from HRG to assist in applying for PENNVEST funding for Phase II, and how we should proceed, but suggested we don't do flyover until March, 2005.

Phase II, HRG, Russell McIntosh - The Board received a proposal from HRG (Herbert, Rowland & Grubic, Inc.) regarding financial assistance with Phase II project for Conewago Township and to include preparation of an advance funding application to be submitted to the Pennsylvania Infrastructure Investment Authority (PENNVEST). This proposal will look at financial elements of the project, and do a field view of the project to determine the number of people to be served in sewer area. The cut off date for PENNVEST Application is January 12, 2005. HRG will assist with the service agreement with DTMA for Phase II ( See HRG letter dated December 6, 2004, with seven step procedure to follow). McIntosh said we should do the application first and that a flyover in March would not delay the project Greg Hill - Wanted to know when PENNDOT replaces culvert on Rt. 743 if the timing for sewer area would interfere with putting a pipe in. Brandt said the replacement of the culvert would not interfere with Phase II project. Jay Ziegler - Wanted to know if waiting until spring to do flyover would delay the project. McIntosh said we should do the application first and that a flyover in March would not delay the sewer project. A motion by Rochat second by Shelly to authorize entering into agreement with HRG for financial process with PENNVEST and the seven steps listed in letter dated December 6, 2004 with contract estimate of expenditures would be between $10,000-$15,000. 2 - Yes, No - Brandt, this is first time he saw letter was at this meeting December 8, 2004 and would have liked to look at this prior to meeting. Motion carried. McIntosh will meet with the Conewago Board of Supervisors to look at properties for Phase II sewer project probably December 17, 2:00 PM at township building.

KOSER BRIDGE - REPAIR AND REPLACING - The township received a call December 8, 2004 from Mt. Joy Township regarding repair to Koser Bridge, to discuss problem with decking and to get together with both road crews to proceed with repair of bridge.

PROSPECT ROAD BRIDGE - At the last meeting the solicitor was authorized by the Board to send a letter to Mt. Joy Township Board of Supervisors requesting that they specifically let Conewago Township know what repairs are absolutely needed and to work towards an agreement with both Townships. The solicitor received a reply to his letter asking if we want to assume liability for the bridge if it collapses. The solicitor suggested the engineer look at the structural integrity of the bridge, and the condition of bridge, and asks Mt. Joy Township to provide copies of Bridge Inspections Reports.

LOWER DAUPHIN AREA REGIONAL COMPREHENSIVE PLAN - Brandt wanted to table to January meeting. Rochat wanted to discuss the plan. He said when the idea of the regional plan first originated he was supportive of it and it concepts. A lot of money has been spent on this project, and he was disenchanted with the comments and lack of changes made to the plan by Lower Dauphin Area Regional Board after numerous meetings and comments by this Board and citizens. There is no benefit for Conewago Township with the plan the way it is. The plan defines lot sizes by different terminology. With this plan we are getting more industrial, more residential with smaller lots (higher density) and all the survey shows is not what citizens of Conewago want. Our Planning Commission met twice and twice rejected the plan. The Board of Supervisors met jointly with Planning Commission. This has been a long process and its time we withdraw from regional plan and make changes to our own comprehensive plan which is 24 years old. A motion by Rochat second by Shelly to reject and withdraw from Lower Dauphin Area Regional Comprehensive Plan and request the Planning Commission to review Conewago's Comprehensive Plan immediately and to make recommendations on revisions to this Board for a potential plan. Yes - 2, No -Brandt No. Motion carried.

FEE RESOLUTION NO. 1-97, BUILDING CODE - CONSTRUCTION PRICE OR MARKET VALUE - Nothing to Report this month.

PARKS & RECREATION PLAN - Several months ago the engineer gave the Board copies of proposed sample plans to review and is waiting for your comments. Rochat said the township did have a proposed Parks & Recreation Plan and suggested sending copies to the Planning Commission to review with their comments. A motion by Rochat second by Shelly to forward copies to the Planning Commission for review and comments. Motion carried. The engineer will send a letter of explanation of why the township needs this plan for Planning Commissions January 31, 2005.

PERSONNEL ISSUE - John Rochat - Rochat suggested we do the same as we did last year by giving our four employees a year end bonus. A motion by Rochat second by Shelly to pay employees $100.00 take-home bonus. Motion carried.

Rochat stated that the compensation for the Conewago Board of Supervisors is $50.00 for each regular meetings and advertised meetings. The State Code allows the maximum of $1,835./year which is based on our population and hasn't been updated since 1985. Rochat suggested we increase the Board's compensation to $100./meeting which would still keep it under the state limit. The solicitor suggested that we raise it to the maximum limit since it has been 20 years since the code was updated. Rochat also noted that the current supervisors are not eligible for the potential increase until their term is up and they are re-elected according to the State Code. A motion by Rochat second by Shelly to authorize the solicitor to draft an ordinance based on population of the township for a monthly compensation amount, rather than per meeting. Motion carried.

ADOPT - 2005 BUDGET - A motion by Rochat second by Shelly to adopt 2005 Budget that was advertised. A motion by Brandt second by Rochat to call Parks & Co. accountant's to correct some account numbers. Motion carried.

EARNED INCOME TAX (1%) - The solicitor sent a letter to Lancaster County Area Tax Collection Agency to inquire if our old ordinance is sufficient before we finish our advertising. They haven't gotten back to the solicitor so we are operating under the old ordinance, which doesn't state who the collector is. If they recommend we change our ordinance we would have to amend ordinance.

ESCROW FOR GARY BURK, 2840 CHESTNUT ROAD, ELIZABETHTOWN, PA -In accordance with the November 10, 2004 request from Gary Burk the engineer performed a site inspection and reviewed documentation provided for financial security reduction No. l - Final Subdivision site work. The Developer is requesting a release of financial security in the amount of $4,275.00. Based on the engineers site visit, the work as outlined on the approved plan has been completed. A bituminous rolled curb has been installed along the outside edge of the pavement widening that was not shown or required on the approved plan. This is directing the storm water runoff into the pavment and toward the culvert where the curb opens, allowing the water to run down to the stream next to the culvert. This condition appears to be causing some erosion around the culvert. The engineer recommends that the curb be removed, the ditch/swale reopened, and the runoff returned to the swale next to the shoulder, As an option, the condition could be allowed to remain until April 2005. At that time the condition can be assessed and if no erosion has occurred, the curb can be left in place. If the curb is left in place, it will need to have stone placed behind it to provide support and prevent it from being damaged during plowing and vehicles pulling onto the shoulder. A motion by Brandt second by Rochat to allow the condition to remain until April 2005 and to reduce the financial security to $3,275.00 which will leave outstanding balance of $1,000.00 which is adequate to cover the cost of the remaining work. Motion carried.

HUMANE SOCIETY AGREEMENT - The Board did not want to renew the Humane Society Agreement for 2005, because they didn't honor the 2004 agreement to call one of the three boards of supervisors when animals are brought to their shelter. The proposed 2005 contract includes increases such as: per animal charge is increased to $50. per animal (this also includes animals other than dogs and cats); pickup fee during regular hours is increased to $45. pickup fee during weekends after hours and holidays is $65., fee for pit bulls will remain at $90. and a fee of $40. will be assessed for any stray animal that must be tested for rabies due to a bite case.

OLD MANAGEMENT PROGRAM - PUMPING REPORTS DUE - The engineer is preparing list to include maps for the secretary for 2004 delinquent pumping reports and a list for 2005 residents that are due to pump.

A motion by Rochat second by Shelly to adjourn at 10:00 PM. Motion carried.

   Respectfully submitted,
   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: 12/07/2006 01:00 pm.