WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
May 15, 2002

Chairman Bruce Bucher convened the May 15, 2002 meeting of the Warwick Township Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, Roger Moyer and Joseph McSparran. Michael Vigunas was absent. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Jr., Ryan C. Byler, Pastor James Pond, Kevin Varner, Pastor Eugene Beyer, Pat Hess, John Hess, Ian Giblin, Paul Squierdo, Tom Pannebecker, Sara Ambs, Steph Rinehimer, Roy Zimmerman, Don Weaver, Sharon Weaver, and Dennis Hess. Richard Reitz of the Lititz Record Express represented the press.

GUEST RECOGNITION: Pastor James Pond, representing St. Paul's U.C. Church, explained that members of the "Rothsville Community Day" steering committee are requesting the Township's permission to hold a "Community Day" on Saturday, August 17, 2002 from 11:00 a.m. to 4:00 p.m. The purpose of the event is to have the community get to know each other better and have a time of fellowship. The event would be held at the Warwick Township Lion's Park and food and entertainment would be provided for the residents. He explained that area businesses have been invited to the event if they wish to provide a stand or demonstration, and service organizations are also invited to the event.

Pastor Eugene Beyer, representing Millport Mennonite Church, is also present this evening to support the request to hold a "Community Day" in Rothsville. He explained that both churches have participated in a joint youth ministry in Rothsville for two consecutive years which has benefitted the community.

The Chairman expressed appreciation to the Pastors for attending this evening meeting to speak on behalf of "Community Day" in Rothsville. He noted that this item is included on the agenda for this evening's meeting.

PUBLIC HEARING FOR THE CONDITIONAL USE APPLICATION FOR JOHN E. AND PATSY HESS FOR APPROVAL UNDER SECTION 201.4.A OF THE ZONING ORDINANCE TO CONSTRUCT A SINGLE FAMILY DWELLING UNIT IN THE AGRICULTURAL ZONING DISTRICT. THE APPLICANT IS REQUESTING TO SUBDIVIDE A 1.167 ACRE LOT FRONTING MILLWAY ROAD.

The Chairman announced the procedures to be followed for this evening's public hearings. The Township Manager was sworn in. He confirmed the posting and advertisement of this evening's Conditional Use Hearing.

Kevin Varner, representing Diehm & Sons, was sworn in. Varner explained that the tract contains approximately 90.6 acres of Agricultural zoned lands located along Newport Road, Clay Road and Millway Road. He noted that the tract is bisected by Clay Road. He explained that the Applicant wishes to subdivide an approximate 1.1673 acre parcel from the parent tract for a single-family residence. He stated that the lot would be served by on-site septic and an on-site well and noted that the proposed lot meets the site distance requirements. He explained that following any approval of the proposal, the Applicant intends to permanently preserve the remaining acreage of the farm.

Varner explained that the Planning Commission reviewed the Conditional Use Application at their April 24, 2002 meeting and recommended approval of the Application. He addressed the Township Engineer's April 17, 2002 comment letter. Myers inquired why the lot was not proposed along the eastern property line. Varner explained that the eastern portion has steep contours. The Township Manager explained that the property owner would have the right under the Zoning Ordinance to further subdivide the property, however, they have decided to permanently preserve the remaining acreage.

The Chairman opened the Conditional Use hearing to public comment. No one present indicated their desire to comment on the Case. On a motion by Moyer, seconded by Myers, the Board voted unanimously to close the public hearing on the Conditional Use Application for John E. and Patsy Hess. The Chairman announced that the Board will render its decision at their regularly scheduled meeting on June 5, 2002. He expressed appreciation on behalf of the Board of Supervisors to the property owners for their decision to preserve the farm.

PUBLIC HEARING FOR THE CONDITIONAL USE APPLICATION FOR ROY ZIMMERMAN FOR APPROVAL UNDER SECTION 201.4.A OF THE ZONING ORDINANCE TO CONSTRUCT A SINGLE FAMILY DWELLING UNIT IN THE AGRICULTURAL ZONING DISTRICT. THE APPLICANT IS UTILIZING A 3-ACRE TRACT OF LAND FRONTING CLAY ROAD.

The Chairman announced that the same procedures apply to this hearing as for the previous hearing. The Township Manager confirmed the posting and advertisement of this evening's Conditional Use Hearing. He explained that the Board reviewed the Sketch Plan for the proposal at their April 4, 2002 meeting.

Kevin Varner, representing Diehm & Sons, was sworn in. He 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. The Conditional Use Application is to permit the 3-acre Agricultural zoned lot on the east side of Clay Road to be used for residential purposes. He noted that the Zoning Ordinance permits a lot area of only a minimum of one-acre and a maximum of 2-acres in the Agricultural zone to be used for residential purposes. Varner explained that a zoning application was presented to the Zoning Hearing Board at their May 8, 2002 meeting. He added that the Zoning Hearing Board granted approval of a Variance under Section 201.6.B.1, to allow the 3-acre lot to be used for residential purposes in the Agricultural Zone. He explained that the lot would be served by an on-site well and on-site septic. He noted that the lot would have adequate site distance along Clay Road. Varner stated that the Planning Commission recommended that the proposed 3-acre tract meet the same 100' agricultural setback requirement as the proposed R-1 zoned lots. He explained that the plan proposes a 50' front yard setback along Clay Road, and 15' side yard setbacks which are in accordance with the Zoning Ordinance. The Planning Commission recommended that a 100' side yard setback be established along the southern property line. Varner noted that an Agricultural Nuisance Disclaimer would be included with the deed for the lot, and added that the prospective buyer is aware of this stipulation. Varner stated that the buyer would like to construct a dwelling with a side-load garage at the center of the lot, approximately 200' from the roadway, and added that a 50' side yard setback would accommodate this layout. Otherwise, due to the irregular shape of the lot, a 100' setback would be more restrictive since the lot narrows at the rear of the property. The Township Manager explained that the Planning Commission's opinion was that the proposed R-1 zoned lots on the opposite side of Clay Road would provide a 100' setback from the Agricultural zone, and in order to provide continuity of the plan, this lot should also meet the requirement along the southern property line. He added that the property was zoned R-1 prior to the Township's rezoning of the tract in April, 2001 and explained that since all of the other properties on the east side of Clay Road are zoned Agricultural, the Township did not wish to "spot zone" this one parcel. In addition, the setback would provide more separation between the residential property and the adjoining agricultural operation. The Township Manager noted that the Planning Commission recommended the stipulation be included as part of any approval of the Conditional Use Application. The Township Manager explained that the home could be constructed as desired by the potential buyer with the proposed setback stipulations; however, the home would be only 125' from Clay Road rather than the previously stated 200'. Varner stated that the current property owner would be more agreeable to a 75' side yard setback requirement. Moyer expressed the opinion that the lot as recommended with a 100' side yard setback along the southern property line is viable as a single-family residential lot; however, the current proposed house layout would need to be modified.

The Chairman opened the Conditional Use hearing to public comment. No one present indicated their desire to comment on the Case. On a motion by McSparran, seconded by Moyer, the Board voted unanimously to close the public hearing on the Conditional Use Application for Roy Zimmerman. The Chairman announced that the Board will render its decision at their regularly scheduled meeting on June 5, 2002.

APPROVAL OF MINUTES: On a motion by Myers, seconded by McSparran, the Board unanimously approved the minutes of the April 3, and April 17, 2002 meetings as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the payment of bills from the General Fund in the amount of $196,916.00.

MANAGER'S REPORT: The Township Manager provided a status report on the Creek Road scenic area. He explained that Township staff suggests that the Board consider designating the Township's portion of Creek Road as a scenic area and to convey its interest in keeping a rural setting on this road to PennDOT. He explained that Manheim Township is in support of this designation and will provide a written request to PennDOT for its portion of the roadway. The concern of both Townships is that a widening project is scheduled for Creek Road and a number of trees will be removed as part of this project. The Township Manager stated that the goal of the request would be to minimize the impact of the PennDOT project. Myers recommended that any correspondence to PennDOT also reference the intensive Agricultural practices abutting the roadway. He noted that the properties along Creek Road within Warwick Township are zoned Agriculture. The Board is in agreement to correspond with PennDOT to request that special consideration be given to designating Creek Road as a scenic area.

The Township Manager provided a status report on the proposed Act 600 Modifications to the Police Pension Plan. He provided a copy of the proposed modifications to the Police Pension Plan as approved by the State for the Board's review and information.

The Township Manager provided a status report on the Township's website. He explained that Lancaster County received a grant from the State to provide web hosting for each municipality in the County at no cost to the municipality. This option offers a number of advantages and Township staff recommends that the Board consider the offer. In addition, the County would modify the layout of Township's website to provide more interaction for Users and standardize the website with other governments throughout the State. He provided a copy of the proposed layout for the Board's reference. He noted that the Township has had over 4,000 hits on the website since the inception of the site and added that the Township staff would continue to update and maintain the site. The Board is agreeable to transfer web hosting services to Lancaster County.

The Township Manager stated that the Township has sponsored a number of events this week. On Tuesday, May 14, 2002 the Township sponsored "Watershed Day" for 5^th grade students throughout the Warwick School District. The event was coordinated by Luba Irwin and Claudia Watt in cooperation with the School District. The Board commended Irwin and Watt for their efforts in coordinating the event. On Wednesday, May 15, 2002 the Township co-sponsored a "POWER" demonstration at the Lititz Library which was hosted by the Lititz/Manheim Consortium. He noted that this program was part of the Economic Development initiative of the Lititz/Warwick Joint Strategic Plan. He added that on Thursday, May 16, 2002, the Township will participate in a Water Forum hosted by the Hourglass Foundation.

The Township Manager provided a status report on renewal of the Township's Health Plan. He explained that insurance companies are reluctant to cover plans with less than 50 members. In order to lessen the impact of health issues on the Township, Township staff recommends that the Board consider reviewing options for a different third party health plan administrator next year. He added that Township staff also recommends to increase the catastrophic claim up to $25,000.00 for this year which could result in a savings to the Township of up to $12,500.00 for the insurance renewal. The Board briefly discussed the Township's insurance coverage. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to increase the Township's stop loss to $25,000.00.

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

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

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during April, 2002. He explained that two new programs have been established by the Police Department. He stated the Adult Citizens Police Academy is currently being coordinated with the instructors and added that the Department received 22 applicants for the program. The Police Chief explained that the Warwick Township Police Department and Lititz Borough Police Department would like to work in conjunction to establish a Junior Police Academy program. The program would be provided to students in grade 6 through grade 8 of the Warwick Middle School. The Police Chief explained that he recently discussed the program with the school counselors and noted that the counselors are favorable to the program. He added that several citizens have requested the Police Department to consider establishing this program. He explained that if the Board approves the program, they would provide a 6-week course for approximately 25 children beginning on July 24, 2002. He explained that the program would be conducted on Wednesdays from 9:00 a.m. to Noon and the children would learn about law enforcement. He noted that the Police Department has received donations to support the program from members of the Township's Police Department. The Township Manager explained that the program would be an outreach for youth who might not otherwise have this opportunity. The Police Chief stated that Sergeant Groff would act as the director of the Program. On a motion by Myers, seconded by McSparran, the Board unanimously approved the establishment of a Junior Police Academy.

The Police Chief provided information regarding "National Night Out". He explained that "National Night Out" is a program sponsored by the National Association of Town Watch and is conducted through the entire United States. He stated that "National Night Out" would be held on August 6, 2002 from 7:00 a.m. to 10:00 p.m. within the Township. He explained that the program encourages neighbors to meet each other and to ultimately work together toward crime prevention. He added that the District Justice, Police Departments, and Fire Departments would participate in the program. He requested the Board's support of the program, and noted that Lititz Borough will also sponsor the program that same evening. On a motion by McSparran, seconded by Moyer, the Board voted unanimously to participate in the "National Night Out" program.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in April, 2002. The report also outlines the Case heard at the Zoning Hearing Board's April 10, 2002 meeting. On a motion by Myers, seconded by McSparran, the Board unanimously approved the Zoning Officer's April, 2002 report.

CONSIDER REQUEST FOR REDUCTION OF LETTER OF CREDIT FOR THE RANDAL KLINE SUBDIVISION: 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 $17,388.15 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 approved a release of $17,388.15 from the current Letter-of-Credit for the Randal Kline subdivision.

CONSIDER REQUEST FOR PUBLIC WATER AND SEWER CONNECTION FOR NEWPORT SQUARE, PHASES 5 & 6: The Township Manager explained that the Lititz Borough approved the portion of Newport Square, Phase 5 plan within their jurisdiction. He explained that the Applicant has requested authorization to begin the public water and sewer pipe installation (an approximate distance of 810') within Phase 5 of the Plan prior to the Final Plan approval. He noted that the Applicant had anticipated to present Phases 5 & 6 of the Plan this evening; however, they have not finalized all of the agreements that are a part of the Plan. On a motion by Moyer, seconded by Myers, the Board voted unanimously to grant authorization to begin the public utility pipe installation within Newport Square, Phase 5.

CONSIDER RESOLUTION #05-15-02-01 CLOSING OUT THE GRANT FOR THE WARWICK REGION COMPREHENSIVE RECREATION, PARK AND OPEN SPACE PLAN FOR THE TOWNSHIP: The Board reviewed the resolution. On a motion by Myers, seconded by McSparran, the Board voted unanimously to adopt Resolution #05-5-02-01 to close-out the grant for the Warwick Region Comprehensive Recreation, Park and Open Space Plan for the Township.

CONSIDER RESOLUTION #05-15-02-02 ADOPTING THE WARWICK REGION COMPREHENSIVE RECREATION, PARK AND OPEN SPACE PLAN AND AMENDING THE CURRENT WARWICK PARK AND RECREATION PLAN: The Board reviewed the Resolution. The Township Manager explained that the Plan was developed through a partnership with Lititz Borough, Elizabeth Township, Warwick Township, Warwick School District and Lititz Community Center. He explained that the Plan creates a vision of recreation opportunities for all age groups over a 10-15 year period. The Plan also addresses the preservation of Open Space for areas within the Urban Growth Boundary and other areas throughout the region.  He noted that the parties will apply for a technical grant to hire a professional consultant to provide guidance in the creation of a Regional Recreation Commission to continue with the objectives contained within the Plan. He noted that a joint meeting was held on May 2, 2002 among officials from Elizabeth Township, Lititz Borough, Warwick School District, Lititz Community Center and Warwick Township and a consensus to adopt the plan was made by all parties. The Chairman explained that the recreation study was an initiative under the Lititz/Warwick Joint Strategic Plan. He explained that the study included a survey of all the existing recreation facilities within the region to determine the types of facilities that may be needed in the future. He noted that representatives of the sports organizations, private organizations and citizens served on the Committee to provide and review recommendations for the Plan. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to adopt Resolution #05-15-02-02 to adopt the Warwick Region Comprehensive Recreation, Park and Open Space Plan and to amend the current Warwick Park and Recreation Plan.

CONSIDER RESOLUTION #05-15-02-03 APPROVING THE PRESERVATION OF THE WARREN BECKER FARM: The Board reviewed the Resolution. The Township Manager explained that the Resolution would approve the preservation of the farm (containing approximately 89.6054 acres) and authorize the acquisition of 45 Transferable Development Rights that are attributable to the property. On a motion by Myers, seconded by McSparran, the Board voted unanimously to adopt Resolution #05-15-02-03 to approve the preservation of the Warren and Ruth Becker farm.

CONSIDER RESOLUTION #05-15-02-04 APPROVING THE PRESERVATION OF THE ARNOLD BECKER FARM: The Board reviewed the Resolution. The Township Manager explained that the Resolution would approve the preservation of the farm (containing approximately 81.338 acres) and authorize the acquisition of 41 Transferable Development Rights that are attributable to the property. On a motion by Myers, seconded by McSparran, the Board voted unanimously to adopt Resolution #05-15-02-04 to approve the preservation of the Arnold Becker farm.

CONSIDER RESOLUTION #05-15-02-05 ESTABLISHING A PLIGIT PLUS ACCOUNT FOR THE BRUNNERVILLE FIRE COMPANY AND RESOLUTION #05-15-02-06 ESTABLISHING A PLIGIT PLUS ACCOUNT FOR THE ROTHSVILLE FIRE COMPANY : The Board reviewed the Resolution. The Township Manager explained that the Township donates funds to the fire companies that provide first-response services to the Township. He explained that the funds for equipment replacement are donated into a separate fund that is operated by the Township and distributed for equipment purchases as requested by the fire companies and approved by the Board. These Resolutions would provide for the transfer of these funds to an interest bearing account that would provide better rates. He noted that the fire company representatives are aware of the proposal. On a motion by Myers, seconded by McSparran the Board voted unanimously to adopt Resolution #05-15-02-05 and to adopt Resolution #05-15-02-06.

CONSIDER REQUEST FOR ROTHSVILLE COMMUNITY DAY IN THE LIONS CLUB PARK: The Chairman explained that two gentlemen spoke in favor of the request earlier at this evening's meeting. On a motion by McSparran, seconded by Moyer, the Board unanimously approved the request to hold a "Community Day" in Rothsville on Saturday, August 17, 2002 from 11:00 a.m. to 4:00 p.m. contingent upon a Certificate of Insurance being submitted that names Warwick Township as an additional insured on the date of event.

EXECUTIVE SESSION - PERSONNEL: The Chairman announced that the Board will recess to an Executive Session to discuss personnel issues.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Chairman reconvened the meeting. On a motion by McSparran, seconded by Moyer, the Board voted unanimously to retain the services of Reed Smith, LLP as labor counsel for Warwick Township.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:17 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager