Chairman Bruce Bucher convened the March 6, 2002 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, Michael Vigunas, and Joseph McSparran. W. Logan Myers and Roger Moyer were absent. In attendance were Township Manager Daniel Zimmerman, John Love, Kerry Blind, Attorney Mark Stanley, Dan McGraw, Ted Gress, Dave Reiste, Steve Stewart, Zachary Mueller, M. Stuart, Roger Fry, Randy Holly, Mike Gibson, Curvin Hoover, Maurice Gallo, Scott Campbell, Tim Diehm, Ruth Devenney, Paul Artale, Diane Bomberger, Tim Reiste, and Lee Wardell. Laura Knowles of Lancaster Newspapers and Richard Reitz of the Lititz Record Express represented the press.

GUEST RECOGNITION: The Chairman acknowledged the members of Boy Scout Troop 27 who were present at the meeting.

COMMUNICATIONS: The Board received a copy of the Lancaster County Planning Commission's upcoming series of events that are part of the Smart Growth Initiative ("Envision Lancaster County"). The Lancaster County Planning Commission is hosting a Smart Growth Conference on April 29, 2002 from 11:30 a.m. to 9:00 p.m. at the Bolger Conference Center, Millersville University.

The Board received a copy of a letter from the Lancaster Emergency Management Agency advising that the Lancaster County Commissioners created a 17-member "Drought Task Force" on Tuesday, February 19, 2002

The Board received a copy of the January 31, 2002 edition of the "PSAT's Alert" publication.

CONSIDER THE DECISION FOR THE CONDITIONAL USE APPLICATION FOR LANCASTER HMA, INC.: The Board reviewed the draft decision. The Chairman explained that the public hearing on the Conditional Use application for Lancaster HMA, Inc. concluded after three separate public meetings (December 19, 2001, January 16, 2002, and February 6, 2002).

The Township Solicitor explained that during the public hearing on February 6, 2002, the Applicant's Attorney was requested to submit as Applicant's Exhibit 25, a list of conditions that would be acceptable to the Applicant and to the land owner if the Board of Supervisors would grant approval of the Conditional Use application. He explained that the Applicant's Attorney has submitted a list which is entitled "HMA Conditional Use Application Draft Conditions", dated February 15, 2002. He requested the Township Manager to include the document as part of the public record for the Conditional Use proceedings. He explained that 2 exhibits which were made part of the record of the proceedings were actually identical. Applicant's Exhibit 5 and Applicant's Exhibit 6 were both drawings of the building elevations. He requested that the Applicant submit a new Exhibit 6 which should be the site plan that was submitted with the original set of Conditional Use drawings. He noted that Applicant's Exhibit 2 - 6 would then represent the full set of Conditional Use drawings which were originally submitted for the hearing. He added that these drawings were superceded at the February 6, 2002 meeting by Applicant's Exhibit 24, dated January 23, 2002, which was a revised set of drawings.

The Township Solicitor outlined the laws governing public meetings held by the Board of Supervisors for the benefit of those present. He explained that the draft decision was provided to each Board member, and he contacted each Board member independently to obtain their input on the decision in order to write a draft final decision. The Township Solicitor explained that, subsequently, the draft final decision was mailed to each Board member for review. He explained that the draft final decision contains 73 proposed Findings of Fact, 15 proposed Conclusions of Law, and 56 proposed Conditions which would be imposed by the Board of Supervisors, and which the Applicant must comply with if the Board approves the decision. He inquired whether or not any Board member has any questions regarding the draft final decision. The Chairman explained that it appears that the draft final decision included only minor editing from the previous draft decision that was proposed. The Township Solicitor confirmed that only slight modifications were made from the original draft decision. He explained that the proposed conditions that are "new" and were not included with the Applicant's Exhibit 25 are items that were indicated with the Applicant's testimony.

The Township Solicitor explained that proposed Condition 43 states that the Applicant will make adequate arrangements for the proper disposal of bio-hazardous waste; Condition 44 states that no industrial/commercial waste will be discharged from the property into the Sewer System of the Authority; Condition 45 states that the Applicant will design and equip the energy plant with sound abatement devices to mitigate engine noise and exhaust; and Condition 46 states that as part of the hospital project, the Applicant will create greenways and landscaped areas and will also integrate multi-purpose walkways within the campus that connect with existing trails in the area, all of which shall be substantially similar to and without any material deviation from the conceptual site plan submitted to the Board as Applicant's Exhibit 23, and the landscape plan (drawing No. 1.03) submitted to the Board as part of Applicant's Exhibit 24. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Lancaster HMA, Inc. Conditional Use decision with the corrections and conditions as noted by the Township Solicitor.

CONSIDER THE DECISION FOR THE CONDITIONAL USE APPLICATION FOR CURVIN HOOVER: The Board reviewed the draft decision. The Chairman noted that the same procedures used for the previous Conditional Use decision were also used for this application. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the Curvin Hoover Conditional Use decision as drafted.

CONSIDER THE SEWER MODULE SUBMITTAL FOR THE CURVIN HOOVER SUBDIVISION: The Board reviewed the Sewer Module submittal. The Township Manager explained that the property would be served by on-lot septic. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Curvin Hoover Sewer Module Submittal.

CONSIDER THE SEWER MODULE SUBMITTAL FOR THE JONATHAN BYLER SUBDIVISION: The Board reviewed the Sewer Module Submittal. The Township Manager explained that the lots would be served by the public sewer system. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Jonathan Byler Sewer Module Submittal.

CONSIDER THE SEWER MODULE SUBMITTAL FOR NEWPORT SQUARE, PHASES 5 AND 6: The Board reviewed the Sewer Module Submittal. The Township Manager explained that the lots would be served by the public sewer system. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the Newport Square, Phases 5 and 6 Sewer Module Submittal.

CONSIDER THE WENGER/DRUMMOND LOT ADD-ON PLAN, PREPARED BY DIEHM & SONS, DATED 11/9/01: Tim Diehm, representing Diehm & Sons, Inc., explained that the plan proposes to convey an approximate 11,936 square foot tract of land from the Drummond property to the Wenger property. He addressed the Township Engineer's February 27, 2002 comment letter. He explained that, in response to a previous review comment, an Access Agreement has been added to the plan to encompass the macadam driveway to the Drummond property which is shared by the adjoining "Miller" property. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the Wenger/Drummond Lot Add-on Plan contingent upon the Township Engineer's February 27, 2002 comment letter being addressed.

CONSIDER THE GRANT BUCHTER SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 11/8/01: Tim Diehm, representing Diehm & Sons, Inc., explained that the plan proposes to subdivide an approximate 3.83 acre tract from the approximate 5 acre Rural Estate zoned tract located along Orchard Road. Diehm stated that the properties are proposed to be served by public water and on-site septic. Diehm addressed the Township Engineer's February 27, 2002 comment letter. Diehm stated that the proposed lot 2 will include a 10,000 gallon cistern as part of the storm water management controls for the lot. He noted that the water collected in the cistern would be used to water the garden, wash the car, etc. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Grant Buchter Final Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of an acceptable Letter-of-Credit for the Township and Municipal Authority, upon payment of the escrow fee to the Township, and that the well abandonment must follow DEP requirements.

CONSIDER THE LAND DEVELOPMENT PLAN FOR THE JOHN BECK ELEMENTARY SCHOOL, PREPARED BY ELA GROUP, INC., DATED 8/8/01: Paul Artale, representing ELA Group, Inc., stated that the final plan as submitted addresses the Township Engineer's February 6, 2002 comment letter. He explained that the proposed layout of the fields was modified slightly to locate this area farther away from the existing chicken houses on the adjacent property. The Township Manager explained that the traffic study confirmed that the intersection of Brunnerville Road/Pine Hill Road/Lexington Road meets the requirements for a four-way stop; therefore, the intersection will be designed as a four-way stop condition.

The Township Manager explained that the School District has petitioned to extend the existing 10" water line along Pine Hill Road to serve the elementary school. He added that School District representatives indicated that they wish to maintain the existing well to irrigate the grounds and to serve as a back-up water supply, if needed. He stated that the applicant will apply for a Community Development Block Grant (CDBG) for the project.

The applicant is requesting a Waiver of Section 602.16.C, which states that no part of any structure shall be located within 30' from the cartway edge of an access drive. The Waiver is being requested to permit the existing garage on the acquired tract of land to remain during the Retained Life Estate. The structure will be located approximately 20' from the access drive. The applicant indicated that the access drive will be curbed which will provide protection for the garage. In addition, the structure will be removed eventually. Artale stated that the setback reduction would not affect site distance at this area. The Township Engineer commented that they recommend that this Waiver be granted to allow the access drive to be constructed within 20' of the existing garage for the reasons stated by the applicant. The Planning Commission recommends approval of the Waiver request.

The applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan application. The Waiver is being requested since, in the applicant's opinion, the Final Land Development Plan submitted is virtually the same site plan as the Sketch Plan. The Comments provided by the Township during the Sketch Plan application, Zoning Hearing and Conditional Use application were incorporated into the plan as submitted. The Final Land Development Plan has been submitted with the appropriate level of detail, and therefore, will have little difference in a second plan review process. The Township Engineer commented that they recommend that this Waiver be approved. The Planning Commission recommends approval of the Waiver request.

On a motion by Vigunas, seconded by McSparran, the Board unanimously approved a Waiver of Section 602.16.C and a Waiver of Section 301.3 as requested. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the John Beck Final Land Development Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of an acceptable Letter-of-Credit for the Township and Municipal Authority, that any well abandonment must follow DEP requirements, upon the School District reimbursing the Township for any inspection fees, upon confirmation of receipt of the HOP, and upon execution of the agreement for the water line to be installed for the project.

CONSIDER RESOLUTION #03-06-02-01 TO AUTHORIZE THE CHAIRPERSON AND VICE-CHAIRPERSON TO EXECUTE DOCUMENTS FOR JEFFERSON INSURANCE: The Board reviewed the resolution. On a motion by Vigunas, seconded by McSparran, the Board unanimously adopted Resolution #03-06-02-01.

DISCUSS THE STORM DRAIN DISK LABELING GRANT: The Township Manager explained that the grant would provide for labeling of storm drains within the Township with a notice reading "No Dumping, Drains to Creek" disks. He explained that the grant is part of the on-going watershed education initiative. He stated that the Township was awarded a grant last year to install signs at various bridges to identify the stream crossings at Lititz Run Creek and Hammer Creek and their tributaries.

JOINT MEETING - MARCH 19, 2002: The Township Manager advised the Board of the joint meeting scheduled for Tuesday, March 19, 2002 from 7:00 p.m. to 8:30 p.m. The Board of Supervisors, Municipal Authority Board, Planning Commission and Zoning Hearing Board will meet to discuss the 2002 Objectives List, water and sewer capacity, open space preservation, and to discuss any modifications or recommendations for the Township's Ordinances.

CONSIDER REQUEST BY LAMS FOR WALK ACROSS AMERICA PROJECT: The Board reviewed the request. LAMS is requesting authorization for the student body and faculty to walk from the School to the Municipal Building and back as part of a physical fitness program. He explained that the principal of the School contacted the Police Department to discuss the feasibility of providing an escort sometime between 9:00 a.m. and 2:00 p.m. on the day of the event. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the request contingent upon the event being coordinated by the Police Department and upon any established guidelines being followed by the participants.

CONSIDER REQUEST BY LITITZ SPORTSMEN'S ASSOCIATION, INC. FOR THE ANNUAL KIDS FISHING DAY ON 4/13/02: The Board reviewed the request. The Chairman Manager explained that the event has been held annually over the past several years. He noted that the event will be held at the Riparian Park on Saturday, April 13, 2002 between 8:00 a.m. and 1:00 p.m.

The Township Manager explained that the portion of Clay Road between Rothsville Road (SR 772) and Lititz Run Road will be closed during the event. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the request, contingent upon the event being coordinated with the Police Department, and upon a Certificate of Insurance being issued that names Warwick Township as an additional insured on the date of the event.

CONSIDER REQUEST BY CUB SCOUT PACK 44 FOR A FISHING DERBY AT THE RIPARIAN PARK: The Board reviewed the request. The Chairman explained that the event would be held on Saturday, April 27, 2002 from 8:30 a.m. to 1:00 p.m. The Cub Scout Pack has submitted a Certificate of Insurance naming Warwick Township as an additional insured on the date of the event. The Township Manager suggested that the event be limited to the east side of Clay Road. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the request contingent upon the event being limited to the east side of Clay Road within the Riparian Park.

DISCUSS ADDITIONS TO THE WARWICK TOWNSHIP AGRICULTURAL SECURITY AREA: The Township Manager stated that he will detail the properties to be added to the Township's Agricultural Security Area (ASA) at next month's meeting. He explained that one of the property owners (Clark) who petitioned for their property to be included within the ASA is located with the Township's Urban Growth Boundary. He noted that the property is also zoned Residential although it is currently operated as a farm. He stated that the farm abuts the Lititz Run development. The Warwick Township Planning Commission voted to recommend that the farm be approved for inclusion in the ASA. The Township Manager explained that this property, in addition with two others would add 228.6 acres of land to the Township's ASA, increasing the total acreage within the ASA to 3,635.21 acres. He added that 1,598.78 acres of land within the ASA are permanently preserved farms. The Board is agreeable to consider including the Clark farm in the Township's ASA.

ESTABLISH DATE TO START NEGOTIATIONS FOR THE POLICE CONTRACT: The Township Manager explained that Supervisors Bucher and Vigunas serve on the Police Contract negotiating committee. He explained that the committee had agreed to meet with representatives of the FOP during the first quarter of 2002. He added that the committee members should meet briefly following this evening's meeting to coordinate a meeting date.

AUTHORIZE RELEASE OF BIDS FOR ID MATERIALS IN PLACE: The Board reviewed the ID Materials to be advertised for bidding purposes. On a motion by Vigunas, seconded by McSparran, the Board unanimously authorized the release of bids for ID Materials in place.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Board received a copy of a letter from the Red Rose Transit Authority (RRTA) that outlines the need for additional bus shelters throughout the RRTA service area. He explained that as part of the "Shoppes at Kissel Village" project, RRTA was requested to provide bus service through the shopping center and an area was created to accommodate a bus shelter. He stated that, in order to offset the costs of maintaining the bus shelter, RRTA has contracted with an advertising firm (Lamar Advertising) to provide advertising on the shelters. The Township Manager expressed the opinion that the developer of the Shopping Center should be offered the opportunity to control the advertising that would appear on the bus shelter. He noted that RRTA would contact the Township initially since permits would be required to install the bus shelters; subsequently, RRTA would contact the developer to discuss the proposal with them. The Board indicated their agreement with the proposal.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:20 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager