Chairman Bruce Bucher convened the April 3, 2002 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, Joseph McSparran, Michael Vigunas, W. Logan Myers, and Roger Moyer. In attendance were Township Manager Daniel Zimmerman, Melissa Kelly, Kevin Varner, Curvin Hoover, Jonathan Byler, Tim Kershner, Mike Reiner, Randall Wenger, Stephen Latanishen, Roy Baldwin, Roy Zimmerman, and Joel Snyder. Laura Knowles of Lancaster Newspapers represented the press.

PRESENTATION OF THE 2001 FISCAL AUDIT - SAGER, SWISHER AND COMPANY: Tim Kershner and Mike Reiner, representing Sager, Swisher & Company, are present this evening to provide the results of the Township's 2001 Fiscal Audit. Reiner explained that he is the audit partner of the firm, and Kershner performed the actual audit. He stated that the report encompasses all of the funds of Warwick Township and outlined the audit report for the benefit of the Board. The Board commended the auditors for a thorough report. Reiner explained that Kershner has been working with the Township for over 6 years and has had a good working relationship with the Administration Staff. On a motion by Moyer, seconded by McSparran, the Board unanimously accepted the 2001 Fiscal Audit Report as presented.

The Township Manager requested the auditor's opinion on the GASB34 regulations. Reiner expressed the opinion that a majority of the municipalities within Pennsylvania are not ready to adopt these regulations. He explained that the primary concern for those municipalities that do not adopt the regulations is that bond rates would be higher if they would need to borrow money in the future. He noted that larger municipalities within the State would need to adopt the GASB34 regulations for borrowing purposes. Reiner stated that although he has no recommendations for Warwick Township at this time, the Board should discuss this issue for the future. The Township Manager explained that the Municipal Authority will adopt the GASB34 regulations since they use bonds to finance major sewer and water projects.

COMMUNICATIONS: The Township Manager explained that the Lancaster County Planning Commission is hosting a Smart Growth Conference on April 29, 2002 as part of the Lancaster County "Envision" initiative. He added that the Conference will be held at Millersville University and outlined the topics of discussion for the day.

The Township Manager provided a copy of a letter prepared by Township Solicitor Josele Cleary to the Board. The letter addresses the County's "Final Draft" of the Act 167 Watershed Study for the Cocalico Creek Watershed. The Township Manager explained that the Township previously reviewed the report for the Little Conestoga Creek which required a 50% reduction in pre vs. post, and added that the Township revised its Storm Water Management Ordinance accordingly. He stated that the Cocalico Creek Watershed Storm Water Report also requires a 50% reduction in pre vs. post. In addition, the Report would also require up to a 1" infiltration retention for groundwater recharge criteria. The Township Manager noted that the Planning Commission recommended standardizing the regulations in the Storm Water Management Ordinance to increase the reduction in pre vs. post from 25% to 50% for all projects in order to avoid confusion for developers who may be unsure which watershed their project is located within. He added that the increased reduction would require larger regional basins, which is another issue that would need to be addressed. The Board briefly discussed the Act 167 Study.

The Board received a copy of a letter sent by Lancaster Housing Opportunity Partnership (LHOP) to the developer and builder of the Newport Square development. The letter outlines the goals of LHOP to provide "LHOP Qualified" homes within the development to the intended target group.

CONSIDER REQUEST FOR TIME EXTENSION FOR RECORDING OF PLAN - WITNESS PARK: The Board reviewed the request. On a motion by Myers, seconded by Vigunas, the Board unanimously approved a time extension until June 30, 2002 for the Witness Park Land Development Plan.

CONSIDER THE CURVIN HOOVER FINAL SUBDIVISION PLAN, PREPARED BY FRY SURVEYING, DATED 12/26/01: The Township Manager explained that the Board previously reviewed the plan as part of the Conditional Use application for the project. He added that the conditions imposed as part of the Conditional Use approval have been addressed on this plan submittal. He noted that the conditions include agreements for joint access and the shared use of the well on lot 2 of the plan. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Curvin Hoover Final Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of an acceptable Letter-of-Credit for the Township, upon recording of the Access Agreement, upon recording of the Well Agreement, and upon receipt of the Street Improvement Fee and Escrow Fund.

CONSIDER THE BYLER PRELIMINARY SUBDIVISION PLAN, PREPARED BY RGS ASSOCIATES, DATED 11/28/01: Melissa Kelly, representing RGS Associates, explained that the site contains approximately 11 acres of R-1 zoned lands located along Rudy Dam Road and adjoining the Windsor Pointe Development. She noted that the plan proposes 7 single-family lots. She stated that the existing Windsor Lane roadway will be extended into this development. The roadway would be designed with a permanent cul-de-sac; however, curbing would not be extended around the bulb of the cul-de-sac in order to provide for the extension of the roadway in the future, if needed. Kelly stated that the plan does not provide for direct access to Rudy Dam Road by any of the proposed lots. She noted that steep slope easements have been designated on lot 6 and lot 7 of the plan.

Kelly explained that the plan provides a proposed 50' right-of-way for the future extension of the Dogwood Valley roadway. She added that the future extension would have to cross lands that are not owned by the developer of this tract. The Township Manager explained that the adjoining lands contain steep slopes and wetlands which could adversely affect the ability to extend Windsor Lane to these areas in the future; however, a potential roadway layout has been illustrated on the plan for future evaluation purposes. The Board briefly discussed the proposed roadway layout. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Byler Preliminary Subdivision Plan contingent upon the Township Engineer's March 18, 2002 comment letter being addressed.

CONSIDER THE ROY ZIMMERMAN SKETCH PLAN, PREPARED BY DIEHM & SONS, DATED 3/13/02: Kevin Varner, representing Diehm & Sons, stated that the tract is located along Clay Road, south of the Orchard Road intersection. He explained that the site contains approximately 10.3 acres of land; the portion on the west side of Clay Road is zoned R-1 and the portion on the east side of Clay Road is zoned Agricultural. He noted that the Sketch Plan has been revised to address Township Staffs previous comments. The plan proposes to subdivide the tract to create one Agricultural zoned lot on the east side of Clay Road, and to create 4 single-family lots on the west side of Clay Road. The Sketch Plan illustrates access to the R-1 zoned lots via a 50' wide private street right-of-way with a 16' wide cartway. Varner noted that the private street would not be dedicated to the Township since it would not be constructed in accordance with the Township's criteria. He added that the proposal would require a Waiver of the street width requirement, in addition, a Waiver of curb and sidewalk installation would also be needed. Varner stated that the proposed lots would be served by on-lot sewer and on-lot water. He explained that the proposal would require zoning approval since the proposed R-1 zoned lots do not meet the criteria pertaining to side yard setbacks and lot width. He noted that the lots would meet the 100' setback from the adjoining Agricultural zoned lands.

The Township Manager explained that the property owner has agreed to provide a 50' right-of-way to the property line to provide for the extension of the private street into the adjoining R-1 zoned property if needed in the future. He explained that at this time, the developer does not wish to incur the additional expense to construct a roadway to Township specifications that would only serve 4 lots. The Township Manager advised that the terminus of the private street would need to be designed to provide for adequate vehicular movement (i.e. trash trucks, snow plows, etc.). He added that rather than constructing the roadway to the proposed width of 16', the developer could provide a 20' width to provide two 10' travel lanes.

The Township Manager explained that the proposal would also require Conditional Use approval to construct a dwelling on the Agricultural zoned lot.

Varner explained that the existing house and barn on the west side of Clay Road would be demolished as part of this proposal. He stated that the lot owners would sign a Maintenance Agreement which would be included with the deed for each lot to ensure continued maintenance to the private street. Bucher concurred that the private street should be constructed to a 20' width. The Applicant indicated that he will submit a Zoning Hearing application for the Variance requests for the project.

CONSIDER THE CONDITIONAL USE DECISION FOR BUCKHILL FARMS, LOT 4 - WENDY'S: The Board reviewed the draft final decision. The Chairman explained that the Conditional Use public hearing on the proposal was held at the Board's March 20, 2002 meeting. The Township Manager outlined the conditions imposed by the Conditional Use decision. On a motion by Moyer, seconded by Myers, the Board unanimously approved the Conditional Use decision for Buckhill Farms, Lot 4 (Wendy's drive-through fast food restaurant) as presented.

CONSIDER BIDS SUBMITTED FOR 40,000 LB. CAPACITY TRAILER: The Board reviewed the bids submitted for the trailer. The Township Manager noted that the proposal is for a shared purchase with Ephrata Township. On a motion by Vigunas, seconded by Myers, the Board unanimously accepted the lowest bid as submitted by Plasterer Equipment Co., Inc. in the amount of $12,392.00 for a 40,000 lb. capacity trailer.

CONSIDER RESOLUTION #04-03-02-01 FOR A GRANT TO LANCASTER COUNTY RECREATION GRANT PROGRAM: The Board reviewed the Resolution. The Township Manager explained that the grant would provide for the extension of the existing Lititz/Warwick Trailway to the Warwick Township Riparian Park. The proposal includes a provision for a foot bridge crossing over the Lititz Run on the same side as the Lititz Waste Water Treatment Plan. He explained that the proposal will also be submitted as a grant application to DCNR and noted that both grant programs provide for a 50% match of funds from other grants. He provided a Sketch Plan illustrating the overall trail extension plan for this region of the Township. He noted that the existing stone dust trail within the Riparian Park would be replaced by a paved trail as part of the project.

CONSIDER PROPOSAL FROM TELECOM ACQUISITION GROUP: The Board reviewed the proposal. The Township Manager explained that Telecom Acquisition Group (TAG) purchases existing lease agreements for properties that contain telecommunications equipment. He noted that the firm does not purchase any property outright. He explained that the Township currently holds telecommunications leases for the stand pipes in Rothsville (held by WTMA), and for the transmission tower located behind the Public Works building. He explained that TAG provides the lease purchase amount up front which protects property owners from potential bankruptcies by telecommunications companies. The Township Manager expressed the opinion that the Township has minimal risks with the current lease agreements held by the Township and WTMA. The Board is in agreement to maintain the current leases held by the Township.

CONSIDER ORDINANCE #200 TO AMEND THE POLICE PENSION PLAN FOR COMPLIANCE WITH FEDERAL TAX REGULATIONS: The Board reviewed the Ordinance. The Township Manager explained that the amendment was recommended by Conrad M. Siegel, Inc., the Township's actuary. He explained that the members of the Police Department are aware of the proposed amendment. On a motion by Moyer, seconded by Vigunas, the Board unanimously adopted Ordinance #200 to amend the Police Pension Plan for compliance with Federal tax regulations.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:47 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager