WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
June 19, 2002

Chairman Bruce Bucher convened the June 19, 2002 meeting of the Warwick Township Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, Roger Moyer, Michael Vigunas, and Joseph McSparran. In attendance were Assistant Secretary/Treasurer Marlene Trump, Township Solicitor William C. Crosswell, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Jr., Joseph Zerphey, Dan McGraw, Lester Guyton, John Love, Sean Richardson, Stephen Brooks, Bill Swiernik, and Randy Hess. Laura Knowles of Lancaster Newspapers, and Richard Reitz of the Lititz Record Express represented the press.

GUEST RECOGNITION: Joseph Zerphey, 750 Woodcrest Avenue, stated that he would like to be notified prior to the start of any proposed improvements to Woodcrest Avenue and Millport Road. The Chairman explained that the improvements would be part of the HMA Community Hospital project and, to date, no specific time table has been established for the improvement project to begin. He added that the project would not commence this year. Zerphey clarified that he is in favor of the improvements to the intersection and explained that he would like to repave his driveway; however, he does not want to do this work prior to the roadway improvements since it is possible a portion of his driveway might need to be removed as part of the project. The Township Engineer stated that the developer of the hospital site would coordinate the roadway improvements and advised the developer to contact Zerphey prior to the start of the project. Attorney Mark Stanley, representing Lancaster HMA, stated that the surveyor work for the intersection improvements has not been completed and explained that the applicant would contact the affected property owners when the plans for the intersection improvements are actually finalized.

APPROVAL OF MINUTES: On a motion by Myers, seconded by Vigunas, the Board unanimously approved the minutes of the May 1, and May 15, 2002 meetings as submitted.

TREASURER'S REPORT: On a motion by Vigunas, seconded by Moyer, the Board unanimously approved the Treasurer's report for May, 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.

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

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

The Chairman inquired who is responsible for the work being performed to the Log Cabin Road bridge. The Roadmaster explained that the Lancaster County Engineer's Department is responsible for improvements to the covered bridges within the County.

The Chairman inquired what is the status of the Seventh Street paving project. The Roadmaster explained that he was advised several times that the work would begin at various times; however, the project has not commenced, to date. The Chairman stated that the project should begin prior to Autumn of this year.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during May, 2002. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the Police Department's May, 2002 report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in May, 2002. The report also outlines the Case heard at the Zoning Hearing Board's May 8, 2002 meeting. On a motion by Myers, seconded by McSparran, the Board unanimously approved the Zoning Officer's May, 2002 report.

The Zoning Officer explained that he received a letter from the Lancaster County Conservation District indicating that they have withdrawn their assistance from the waste storage project being performed at 109 East Millport Road since the property owner is not following one or more NRCS (Natural Resources Conservation Service) standards. The letter outlines the requirements that were not followed. The Zoning Officer explained that the property owner is pouring concrete walls rather than having concrete pumped into the forms, also, there was improper grading of site. The Board recommended that the Code and Zoning Officer visit the site to discuss the issue with the property owner.

COMMUNICATIONS: The Board received a letter from the Lancaster County Agricultural Preserve Board that outlines their revised program guidelines for farmland preservation.

The Board received a letter from the Lancaster County Housing and Redevelopment Authorities that outlines the US Department of Housing and Urban Development's Dollar Homes initiative.

The Board received a letter of invitation from the Lancaster County District Attorney's Office regarding a demonstration of the Lancaster County Special Emergency Response Team (SERT). The demonstration will be held on Thursday, June 27, 2002 from 9:00 a.m. to 11:00 a.m. at the Old Amish Homestead along Strasburg Pike in East Lampeter Township.

The Board received a letter from the Lititz Public Library expressing appreciation to the Public Works Department for coordinating and performing the maintenance of their grounds.

The Board received a letter from the Lancaster Housing and Redevelopment Authorities requesting a municipal representative volunteer and a citizens representative volunteer to serve on the Fiscal Year 2003 Regional Advisory Council. The Assistant Secretary/Treasurer requested the Board to advise her if they know of anyone who would be interested in serving on the Council

CONSIDER REQUEST TO RELEASE ALL ESCROW FUNDS FOR THE SHAWN GARMAN PROJECT: The Board reviewed the request. The Township Engineer commented that based on their observations, the required site improvements as covered by the Financial Security appear to have been completed in an acceptable manner. Therefore, they recommend the Township release the remaining $1,405.25 from the Escrow account. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved a release of the entire escrow fund for the Shawn Garman project in the amount of $1,405.25.

CONSIDER REQUEST FOR REDUCTION OF LETTER OF CREDIT FOR THE LOG CABIN ROAD SUBDIVISION: The Board reviewed the request. The Township Engineer commented that based on their observations, the majority of site improvements as covered by the Financial Security appear to have been completed in an acceptable manner. Therefore, they recommend the Township release $91,479.72 from the original Letter of Credit account. The retainage represents their estimate of the costs required to complete the remaining outstanding items. On a motion by Myers, seconded by Vigunas, the Board unanimously approved a release of the Letter of Credit for the Log Cabin Road subdivision in the amount of $91,479.72.

CONSIDER THE CONDITIONAL USE DECISION FOR DOGWOOD VALLEY, PHASE III: The Board reviewed the draft of the Conditional Use decision. The Township Solicitor explained that two Supervisors were not present during the June 5, 2002 Conditional Use hearing (Bucher and Moyer) and inquired whether or not the applicant objects to these Supervisors rendering a decision on the Conditional Use application. The applicant (Lester Guyton, Sr.) stated that he has no objections to Supervisors rendering a decision on the Conditional Use application. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Conditional Use decision for Dogwood Valley, Phase III.

CONSIDER THE HMA COMMUNITY HOSPITAL PRELIMINARY SUBDIVISION AND LAND DEVELOPMENT PLAN, PREPARED BY RETTEW ASSOCIATES, DATED 3/08/02: The Chairman stated that the applicant presented the Preliminary Plan for discussion purposes at the Board's June 5, 2002 meeting. He explained that the Board had discussed reviewing the Construction Improvement Plan at a separate special meeting on Tuesday July 2, 2002. He recommended the meeting be held at 7:00 a.m. in order to accommodate the Board members schedule and to provide a quorum for the meeting. On a motion by Moyer, seconded by Vigunas, the Board voted unanimously to hold a special meeting on July 2, 2002 beginning at 7:00 a.m. to review the HMA Community Hospital Construction Improvement Plan, and any other business to come before the Board. The Assistant Secretary/Treasurer stated that she will advertise the meeting date.

John Love, representing Rettew Associates, addressed the Township Engineer's June 12, 2002 comment letter.

The applicant is requesting a Waiver of Section 224.6 (Storm Water Management Ordinance) which requires 1' of cover from the crown of storm pipes to subgrade. The applicant has requested relief from the requirement to install all drainage pipes with a minimum of 1' of cover for those pipes between I-77 to I-76, I-78 to EW-1 and I-78 to I-75 due to existing site constraints. The pipes will be installed as reinforced concrete pipe (RCP). The Township Engineer commented that based on their review, they offer the following recommendations: a) I-78 to EW-1: Since a minimum of 1' of cover is provided from the top of the pipe to the finished pavement (compared to the requirement of 1' to subgrade), the location of EW-1 was adjusted to enable the perpendicular crossing of Highlands Drive and since Class IV, RCP pipe will be installed as indicated, they would support the Waiver; b.) I-78 to I-75: Since a minimum of 1' of cover is provided from the top of the pipe to the finished pavement, the location of inlet I-75 was adjusted so the two pipes from I-78 can be installed parallel to one another and since Class IV, RCP pipe will be installed as indicated, they would support the Waiver. The Planning Commission unanimously recommends granting approval of the Waiver request contingent upon the Township Engineer's comments being addressed.

The applicant is requesting a Waiver of Section 225.5 (Storm Water Management Ordinance) which requires basins to drain within 24 hours. The proposed Basin 3 will drain in an indicated 3.8 days from the completely full condition based on the inherent nature of the storm water management design and the inclusion of Best Management Practices (BMPs). The Township Engineer commented that since this is a private facility which will be staffed 24-hours a day, and considering the conflict between the storm water management vs. the BMP design philosophies, they have no objections to granting the Waiver for this project. Love explained that the swales and basin would be Clay lined, and the perforated pipes and a sand/soil mixture would be placed on the clay. He noted that the wet pond would be fed by a well when needed to ensure a specific water level is maintained within the basin. The Planning Commission recommends granting approval of the Waiver request contingent upon the Township Engineer's comments being addressed.

The applicant is requesting a Waiver of Section 225.7.A (Storm Water Management Ordinance) which states that the maximum (basin) depth shall not exceed 6'. The Township Engineer commented that based on the inherent design of the storm water management retention/detention facility (Basin 3) with a permanent body of water, the maximum permitted depth of 6' is exceeded. The Township Engineer commented they have no objections to granting the Waiver for the reasons cited by the applicant. The Planning Commission unanimously recommends granting approval of the Waiver request contingent upon the Township Engineer's comments being addressed.

On a motion by McSparran, seconded by Moyer, the Board voted unanimously to grant a Waiver of Section 224.6, a Waiver of Section 225.5 and a Waiver of Section 225.7.A contingent upon the Township Engineer's comments being addressed.

The applicant is requesting a Waiver of Section 603.3.B (Subdivision & Land Development Ordinance) pertaining to vertical concrete curb. This Waiver is a two-part request. First, as stated in the request letter it is being requested to eliminate the construction of vertical concrete curb in those sections of the parking areas where runoff will sheet flow into the Bio-Retention Swales. The Township Engineer commented that for the reasons stated and since precast concrete curb stops (or wheel stops) have been shown in those areas where the curb is being eliminated, they have no objections to granting the Waiver. Second, it is the desire of the applicant to install vertical concrete curb with a reveal of 6" compared to the requirement of 8" of reveal. The Township Engineer commented that considering the use of the site and for the justifications cited, they have no objections to granting the Waiver for the curb constructed solely within the site. They noted that all other curb along the Township roads should be constructed with the 8" reveal. The Planning Commission unanimously recommends granting approval of the Waiver request contingent upon the Township Engineer's comments being addressed.

On a motion by Vigunas, seconded by Moyer, the Board voted unanimously to grant a Waiver of Section 603.3.B contingent upon the Township Engineer's comments being addressed.

Love explained that the Municipal Authority approved the preliminary plan for water and sewer installation at their June 18, 2002 meeting. The Township Solicitor explained that the proposed roadway improvements would not be part of the Construction Improvement Plan that will be reviewed at the Board's July 2, 2002 meeting. He explained that the proposed improvements are required to be reviewed by the Lancaster County Planning Commission, therefore, the roadway improvements will be detailed during the Township's Final Plan review of the project. He added that the Construction Improvement Plan does not propose any off-site work for the project.

The Township Solicitor explained that the first sheet of the Preliminary Plan for the project indicates that the project will require acquisition of 140.81 TDRs; however, since the Township has no mechanism for fractional portions of TDRs, the Conditional Use decision requires 141 TDRs. Love explained that the Sheet 1 of the Preliminary Plan will be revised accordingly. On a motion by Moyer, seconded by Myers, the Board unanimously approved the HMA Community Hospital Preliminary Subdivision and Land Development Plan contingent upon the Township Engineer's June 12, 2002 comment letter being addressed (the Board noted that item "I" [Pending Final Plan Review Issues] of the Township Engineer's June 12, 2002 comment letter would be required to be addressed as part of the Final Plan submittal), and contingent upon acknowledgment of the Municipal Authority's memo dated June 19, 2002.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:00 p.m.

Respectfully submitted,

Marlene Trump
Assistant Secretary/Treasurer