WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
February 20, 2002

Chairman Bruce Bucher convened the February 20, 2002 meeting of the Warwick Township Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, and Joseph McSparran. Michael Vigunas and Roger Moyer were absent. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Jr., Detective Sergeant Edward Tobin, Attorney William Crosswell, Cathy Tobin, Roger Fry, Jeff Risser, Curvin Hoover, Laverne Hoover, Michael W. Miller, David Pusey, Craig Hasson and Wade Hartz. Laura Knowles of Lancaster Newspapers represented the press.

SWEARING IN OF LIEUTENANT EDWARD TOBIN: The Chairman commended Tobin for his work on the police force. He read a proclamation announcing the promotion of Tobin to Lieutenant.

PUBLIC HEARING TO CONSIDER A CONDITIONAL USE APPLICATION FROM CURVIN HOOVER, 1017 HANDSOME PLACE, LITITZ, PA. THE APPLICANT IS SEEKING CONDITIONAL USE APPROVAL UNDER PART 2, SECTION 201.4.A AND SECTION 453 OF THE WARWICK TOWNSHIP ZONING ORDINANCE PERTAINING TO A SINGLE FAMILY DWELLING IN THE AGRICULTURAL ZONED DISTRICT. THE APPLICANT DESIRES TO SUBDIVIDE ONE RESIDENTIAL LOT AND CONSTRUCT ONE (1) SINGLE FAMILY DETACHED DWELLING ON A 1.824 ACRE TRACT LOCATED ON THE EAST SIDE OF CLAY ROAD AND NORTHWEST OF HANDSOME PLACE.

The Chairman outlined the procedures to be followed for this evening's hearing. The Township Manager was sworn in. He confirmed the posting and proof of advertisement for the public hearing.

Roger Fry, Fry Surveying, explained that the site contains approximately 3.247 acres fronting along Handsome Place and also along Clay Road. He stated that the property contains an existing dwelling and steel barn, and the property owners propose to subdivide an approximate 1.824 acre tract which would be conveyed to their daughter. He added that the property is zoned Agricultural although it is used for residential purposes. Fry addressed the criteria under Section 453 pertaining to single-family detached dwellings in an Agricultural zone. He addressed the Township Engineer's January 16, 2002 comment letter. The Township Manager stated that any proposed residential subdivision in the Agricultural zone requires Conditional Use approval. He explained that the regulations were established to protect farmland from extensive development. The Township Manager stated that the lots would be accessed via a shared driveway that is currently the existing driveway that serves the Hoover property along Handsome Place. Fry stated that a note has been added to the plan that restricts further subdivision of the property.

The Township Manager explained that, at their January 23, 2002 meeting, the Planning Commission recommended approval of the application.

Fry explained that the property owners have requested authorization to share the well that serves their existing dwelling with the proposed dwelling on the newly created lot. He added that an alternate well site has been indicated on the plan for the new lot, if needed in the future. He noted that a shared driveway agreement has been drafted.

The Chairman opened the hearing to public comment. No one present indicated a desire to comment on the issue. On a motion by Myers, seconded by McSparran, the Board voted unanimously to close the public hearing on the Curvin Hoover Conditional Use application.

APPROVAL OF MINUTES: On a motion by Myers, seconded by McSparran, the Board unanimously approved the minutes of the January 7, and January 16, 2002 meetings as submitted.

TREASURER'S REPORT On a motion by Myers, seconded by McSparran, the Board unanimously approved the Treasurer's report for January, 2002 as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by McSparran, seconded by Myers, the Board unanimously approved the payment of bills from the General Fund in the amount of $60,374.49.

MANAGER'S REPORT: The Township Manager provided a status report on the Brunnerville Road Bridge project. He stated that the Board should be aware that PennDOT has closed the Brunnerville Road Bridge. He explained that Township staff has requested that the State consider replacement of the structure for the past five years and noted that the project is scheduled to commence in the summer of 2003. The Township Manager stated that he is attending an MPO meeting this month and will attempt to have the project moved up on the schedule.

The Township Manager provided a status report on several recreation projects. He explained that the Recreation Advisory Committee met on February 4, 2002 and reviewed the final comments from DCED and the Lancaster County Planning Commission for the Regional Comprehensive Recreational Park and Open Space Plan. He noted that a final draft will be prepared by the consultant.

The Township Manager stated that Township staff suggests that the Board consider holding a joint meeting with the Municipal Authority and the Planning Commission. He stated that it has been two years since the previous joint meeting, and a number of topics should be discussed outlining current objectives. He requested that the Board consider Tuesday, March 12, 2002 as the meeting date and added that the Board may want to invite the Zoning Hearing Board to the joint meeting. The Board is agreeable to the meeting date and will invite the Zoning Hearing Board to the joint meeting.

The Township Manager provided a status report on the Forney Field Project. He explained that the first draft of the agreement has been sent out to all parties. He added that a second draft will be prepared to address comments requested by the different parties. He noted that a possible settlement date is scheduled for March 31, 2002.

The Township Manager provided a status report on the LHOP Agreement for Newport Square. The Township Manager explained that the agreement states that several of the townhouse units within Phase II of the development will be sold under the LHOP Agreement. David Pusey, Pusey & Raffensperger, stated that his firm has constructed approximately 9 units that could be designated under the LHOP Agreement. He explained that due to the current low interest rates, families that would normally qualify for LHOP can actually afford a standard mortgage; therefore, none of the units designated for LHOP have been sold under the Agreement, to date. The issue was briefly discussed.

The Township Manager stated that the due to the current drought emergency conditions, the Lancaster County Commissioner's imposed a 30-day burning ban effective February 21, 2002. He noted that the Commissioner's will review the ban again in 30 days to determine if it should be lifted or continued. On a motion by McSparran, seconded by Myers, the Board unanimously ratified the 30-day burning ban imposed by the Lancaster County Commissioner's.

The Board unanimously approved the Township Manager's Report.

TAX COLLECTOR'S REPORT: The Board reviewed the January, 2002 Tax Collector's report. On a motion by McSparran, seconded by Myers, the Board unanimously approved the Tax Collector's January, 2002 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during January, 2002. On a motion by McSparran, seconded by Myers, the Board unanimously approved the Public Works Department's January, 2002 report.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during January, 2002. The Police Chief explained that he recently signed a Mutual Aid Special Emergency Response Team (SERT) Agreement with other Lancaster County Police Departments. He stated that the Lancaster County District Attorney's Office issued a memo indicating that each municipality should verify whether or not its Police Chief is authorized to sign the document. The Township Solicitor stated that he will review the issue and provide a determination. He suggested that, if the Board is in agreement with the document, they should ratify the Police Chief's signature. On a motion by Moyer, seconded by Vigunas, the Board unanimously affirmed the SERT Agreement that was signed by Police Chief Garipoli on behalf of the Township.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in January, 2002. The Zoning Officer explained that the DEP had been called to the King property along Brunnerville Road that was the subject of a Conditional Use application for new home construction. The DEP had received a complaint regarding earth-moving activity on the site and recently performed an on-site inspection of the property. A copy of the inspection report was provided to the Board. The report indicates that the property owner was present at the time of inspection, and outlines the measures that need to be followed by the property owner.

The Zoning Officer explained that he received a complaint from a resident regarding a neighbor that keeps a feed box outside for stray cats. The resident indicated that he has trapped 27 cats since November, 2001 and is concerned over the number of cats that are attracted to this area and the damage they are causing. The Zoning Officer stated that although the Township does not have a cat ordinance, the Township has a property maintenance code that addresses the responsibility of a homeowner in maintaining a safe and sanitary property. He stated that he sent a courtesy notice to the neighbor advising that the Township received a concern on this issue. He stated that he will provide an update on the situation to the Board at a later date. On a motion by Myers, seconded by McSparran, the Board unanimously approved the Zoning Officer's January, 2002 report.

CONSIDER CONDITIONAL USE DECISION FOR THE SAM HIGH APPLICATION: The Board reviewed the decision. For the benefit of those present, the Township Solicitor outlined the procedures that the Board follows for Conditional Use applications, and subsequent decisions. He explained that in order to meet the requirements of the Municipalities Planning Code and the Sunshine Law, he discussed the case with each Board member individually to gain a consensus of the Board members in order to draft a decision. He added that the draft decision was subsequently mailed to each Board member for their review and comment prior to this evening's meeting. He outlined the decision of the Board and explained that the decision would deny the applicant's request to discontinue sound monitoring, and would approve the applicant's request to modify Condition 21 of the original decision to reverse the direction of travel to improve the safety of the go-cart operation. He explained that the decision this evening would be contingent upon a modification to the Escrow amount for the operation, and would not alter any other condition of the original decision. On a motion by McSparran, seconded by Myers, the Board unanimously approved the Conditional Use decision for the Sam High application.

CONSIDER REQUEST BY GEORGE DESMOND FOR REDUCTION OF LETTER OF CREDIT FOR FARMINGTON WAY: The Board reviewed the request. The Township Engineer commented that based on their recent observation of construction compared with the original Letter-of-Credit estimate amounts, they recommend the Township release $71,899.30 from the current Letter-of-Credit account balance. The retainage represents their opinion of the costs to complete the remaining outstanding items. On a motion by Myers, seconded by McSparran, the Board unanimously authorized a release of $71,899.30 from the Letter-of-Credit for Farmington Way.

CONSIDER REQUEST BY CHARTER HOMES TO START ONE UNIT FOR THE PARADE OF HOMES: The Board reviewed the request. The Township Manager explained that the Township has a policy that in order to issue a building permit for a new development, the curb and grading must be completed, in addition, the roadway must have at least a stone sub-base. He explained that the Township has approved similar requests in the past, contingent upon the Certificate of Occupancy for the home being held until the completion of the binder course. He noted that the applicant provided a map illustrating the location of the proposed home. On a motion by McSparran, seconded by Myers, the Board unanimously authorized Charter Homes to begin the construction of one home on Ridgefield Way for the "Parade of Homes".

CONSIDER WAIVER OF RETAINING WALL SPECIFICATIONS FOR RABBIT HILL ESTATES: The Chairman explained for the benefit of those present that the retaining wall is located entirely within the right-of-way area that would ultimately be dedicated to the Township. He explained that the Township could either require replacement of the masonry wall that was constructed with a boulder wall as originally proposed, or to allow the masonry wall to remain in place with several conditions. Michael Miller stated that although he was concerned with the overall development proposal, he did not oppose the plan. He explained that the developer originally proposed a boulder wall and he was agreeable to the proposal. He explained that the developer, Supervisor Myers, and he met onsite and agreed to the boulder wall. He added that the developer should simply follow the plan as originally approved. Hasson explained that he thought that the masonry wall would provide a safer, cleaner and easier to maintain retaining wall, and did not intend to inconvenience the Township. He added that he discussed the issue with the adjacent property owner that would actually see the wall (Forney), and he was agreeable to the proposal. Myers stated that he has been involved with this issue, and based on previous meetings and discussions by all parties, the developer should be required to adhere to the plan that was approved by the Planning Commission and Board. McSparran concurred with Myers comments. The Board briefly discussed the issue. On a motion by Myers, seconded by McSparran, the Board voted unanimously to deny the Waiver request by the developer for the masonry retaining wall for Rabbit Hill Estates, and to enforce the original plan drawing for the boulder retaining wall, contingent upon the Township Engineer approving the design of the boulder wall. The Township Manager requested clarification of the type of vinyl fencing that is proposed for the top of the wall. He noted that Miller will be required to maintain the fence. The Chairman stated that the issue of the fence does not need to be discussed this evening, since there is no urgency in its installation. Hasson indicated that the boulder wall would be constructed within a one-year time period. The Chairman noted that the Board will maintain an Escrow fund for the completion of the project.

CONSIDER REQUEST FOR 60 DAY TIME EXTENSION FOR THE JOHN RICCIARDI SUBDIVISION PLAN: The Board reviewed the request. On a motion by Myers, seconded by McSparran, the Board unanimously approved a 60-day time extension for the John Ricciardi subdivision plan.

CONSIDER REQUEST FOR REDUCTION OF LETTER OF CREDIT FOR PEBBLE CREEK - PHASE II: The Board reviewed the request. The Township Engineer commented that based on their recent observation of construction compared with the original Letter-of-Credit estimate amounts, they recommend the Township release $72,490.00 from the current Letter-of-Credit account balance. The retainage represents their opinion of the costs to complete the remaining outstanding items. On a motion by Myers, seconded by McSparran, the Board unanimously authorized a release of $72,490.00 from the Letter-of-Credit for Pebble Creek, Phase II.

CONSIDER BIDS SUBMITTED FOR PURCHASE OF A USED POLICE CRUISER: The Board reviewed the three bids that were submitted for the used police cruiser. On a motion by Myers, seconded by McSparran, the Board unanimously accepted the bid submitted by William J. Holiday in the amount of $1,533.00, which was the highest bid submitted for the vehicle.

CONSIDER REQUEST BY PFIZER TO APPROVE THE FRESHBURST RUN ON 7/20/02: The Board reviewed the request. On a motion by McSparran, seconded by Myers, the Board unanimously approved the request by Pfizer to hold the "Freshburst Run" on July 20, 2002, contingent upon a Certificate of Insurance being submitted for the date of the event that names Warwick Township as an additional insured, and upon the event being coordinated with the Police Department.

CONSIDER REQUEST BY WORK SITE WELLNESS TO HOST THE POOCH & PARTNER WALK/RUN ON 5/19/02: The Board reviewed the request. On a motion by McSparran, seconded by Myers, the Board unanimously approved the request of Work Site Wellness to host the "Pooch & Partner Walk/Run on May 19, 2002 within the Linear Park, contingent upon a Certificate of Insurance being submitted for the date of the event that names Warwick Township as an additional insured, and upon the event being coordinated with the Police Department.

CONSIDER AUTHORIZATION TO RELEASE BIDS FOR PURCHASE OF A 17,500 GVWR DUMP TRUCK: The Board reviewed the request. The Roadmaster explained that the 2002 Public Works budget included the purchase of a 17,500 GVWR Dump Truck. He outlined the specifications for the vehicle. He explained that the dump truck would be purchased through the PACC, which was originally bid by the City of Harrisburg and is available to any municipality. He added that the cost of the vehicle is slightly less than the amount budgeted. On a motion by Myers, seconded by McSparran, the Board unanimously authorized the purchase of a 17,500 GVWR Dump Truck.

CONSIDER AUTHORIZATION TO RELEASE BIDS FOR PURCHASE OF A TAG-ALONG TRAILER. JOINT BID WITH EPHRATA TOWNSHIP: The Board reviewed the request. The Roadmaster stated that the purchase of the trailer would be split evenly with Ephrata Township. On a motion by McSparran, seconded by Myers, the Board unanimously authorized to release bids for the purchase of a tag-along trailer.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:25 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager