WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
July 17, 2002

Chairman Bruce Bucher convened the July 17, 2002 meeting of the Warwick Township Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, Roger Moyer, Michael Vigunas, and Joseph McSparran. W. Logan Myers was absent. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Jr., Melissa Kelly, Craig Smith, Tom Matteson, Jonathan Byler, Rick Haller and Kevin Haller. Laura Knowles of Lancaster Newspapers and Richard Reitz of the Lititz Record Express represented the press.

APPROVAL OF MINUTES: On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the minutes of the June 5, and June 19, 2002 meetings as submitted.

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

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

MANAGER'S REPORT: The Township Manager provided a status report on the Cable Franchise Fee. He stated that the Board had requested Township Staff to evaluate the impact on the reduction in franchise fees paid by Blue Ridge due to the FCC's ruling that internet services are not subject to franchise fees. He provided an outline of the franchise fees paid by Blue Ridge during 2001 which included an example of the reduction in fees if the ruling had been in effect for this time period. The Township Manager explained that the Township was contacted by representatives of PSATS and East Hempfield Township to discuss the implications of FCC's ruling. The Board received a letter from the legal firm of Rothman Gordman, one of two firms in the State that handle franchise fee and right-of-way laws, outlining that they are preparing a petition to challenge FCC's ruling. As part of the petition, PSATS is requesting a contribution toward legal fees (anticipated at $40,000.00) relating to the challenge. PSATS has requested that the Township consider contributing $1,500.00 toward the anticipated legal fees. The Township Manager noted that Conestoga Township, Providence Township, Martic Township, and Buckingham Township (Chester County) have already provided donations toward this expense. Moyer stated that the letter from the legal firm indicates the contribution would cover expenses relating to the first filing of the petition. The Township Manager explained that, if the Board wishes to contribute toward legal fees, they can indicate that it would be a one-time contribution, only. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to authorize a $1,500.00 contribution to legal fees relating to the petition to challenge the FCC's franchise fee ruling.

The Township Manager provided a status report on several recreation projects. He stated that Township Staff is in the process of closing out the grant for the Comprehensive Regional Recreation, Park and Open Space Plan. He noted that the Township anticipates the final grant payment from DCNR within the next 4 weeks.

The Township Manager provided a status report on the Forney Field project. He explained that Township Staff is working to address several minor issues prior to settlement on the property.

The Township Manager stated that the Township is working with Lititz Borough and Warwick School District representatives on the 10-acre tract at the Bonfield Elementary School that is part of the Newport Square project. He explained that the project would be initiated using developer's fees to construct the ball fields and added that Warwick School District representatives have been discussing the feasibility of working with the Warwick Township Public Works Department to complete the project, if needed.

He stated that the issue would depend upon the costs to complete the project (i.e. backstops, diamond-tex, grading). He noted that the developer has indicated that his contractor could perform the work to initiate the project which could reduce some of the costs. He added that he will provide an update on the issue to the Board at a future meeting.

The Township Manager provided a status report on the SR 72 Corridor Study. He provided a written summary on the Study for the Board's review and stated that the an invitation was sent to public officials detailing a meeting that will be held on Wednesday, July 31, 2002 beginning at 7:00 a.m. at Kreider Farms detailing the SR 72 Corridor Study.

The Township Manager provided a status report on several farm preservation projects. He stated that the Township completed the preservation of the two Becker Farms and explained that the process used for these two farms can now be utilized in future preservation projects. He noted that the Township anticipates completing the preservation process for two other farms in the Township within the next 2 months. The Township Manager suggested that the Board consider modifying the TDR (Transferrable Development Rights) Ordinance as it relates to the 10% permitted lot coverage. He noted that the TDRs must be auctioned for the HMA Community Hospital project and added that the Board must approve the actual sale of any TDRs. He added that the Township anticipates that the auction could be held either at the end of August or the beginning of September.

The Township Manager provided a status report on several existing Letters of Credit. He explained that Township Staff has reviewed a number of older projects that have minor Letter-of-Credit amounts still on file which indicates that the projects have not been closed out. He noted that Township Staff will make a concentrated effort in the next quarter to finish a number of these projects.

The Township Manager explained that the County Commissioners have discussed implementing another burn ban since the County remains under a drought emergency. He stated that since the Board has only one meeting scheduled for August, he requests authorization from the Board to enact any burn ban established by County prior to the Board's scheduled meeting on August 21, 2002. On a motion by Moyer, seconded by McSparran, the Board unanimously authorized Township staff to establish a burn ban within Warwick Township if enacted county-wide by the County Commissioners.

The Board unanimously approved the Township Manager's Report.

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

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

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during June, 2002.

The Police Chief explained that he performed a cost analysis of uniform expenses and discovered that the Police Department could experience a substantial cost savings if they purchase uniforms through a different vendor. He explained that the other uniforms are also more professional in appearance. He provided a copy of the cost analysis for the Board's review and information. He requested authorization to change the current uniforms, including shirts, pants and jackets utilizing the new vendor. He noted that the uniforms would be purchased as replacement uniforms are needed. On a motion by McSparran, seconded by Moyer, the Board unanimously authorized a change in uniforms for the Police Department as recommended by the Police Chief.

The Police Chief stated that the Police Department would like to begin using Mobile Data Terminals in several of the cruisers. He explained that the equipment would be purchased using funds that were allocated in the 2002 Fiscal Budget for the Lancaster County radio system since the radio system has not been implemented by the County, to date. He noted that all of the officers are trained in the use of the software program that is part of the system. On a motion by Vigunas, seconded by McSparran, the Board unanimously authorized the purchase of Mobile Data Terminals for the Police Department.

The Police Chief stated that the Police Department received an offer from Lancaster County Harley Davidson to lease purchase a police motorcycle for $1.00. He explained that Harley Davidson would equip the motorcycle as needed and would provide a new replacement motorcycle each year, for the duration that the program is offered. He added that two officers have been specially trained to drive the motorcycle and two more have been scheduled for training. He stated that the motorcycle would be used for traffic enforcement, weather permitting. He noted that Harley Davidson provides this offer to Police Departments throughout the United States. On a motion by McSparran, seconded by Vigunas, the Board unanimously authorized to proceed with the lease purchase of a Harley Davidson police motorcycle for $1.00 as recommended by the Police Chief.

On a motion by Vigunas, seconded by Myers, the Board unanimously approved the Police Department's June, 2002 report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in June, 2002. The report also outlines the Cases heard at the Zoning Hearing Board's June 12, 2002 meeting. On a motion by McSparran, seconded by Moyer, the Board unanimously approved the Zoning Officer's June, 2002 report.

The Zoning Officer provided an update from last month's report on the property at 109 East Millport Road. He explained that the Lancaster County Conservation District visited the property and confirmed that the work the property owner was performing was not being done to their specifications. He noted that the property owner has subsequently completed the work at the property. He explained that the issue is ongoing and he will provide additional updates as they become available.

COMMUNICATIONS: The Board members received a note from Linda Brubaker thanking them for authorizing the Log Cabin Road bridge to be closed for the wedding of her daughter on June 23, 2002.

The Board received a copy of the July 2002 edition of the PSAT's NewsBulletin publication.

The Board received an invitation to attend the 7^th Annual Supervisors Picnic. The picnic will be held on Thursday, August 29, 2002 at the Four Seasons Golf Course.

The Board received an invitation to attend a Regional Township Agricultural Symposium scheduled for Tuesday, July 30, 2002 from 10:00 a.m. to 3:00 p.m. at the Landis Valley Museum. The meeting is being hosted by the Advanced Agricultural Institute.

CONSIDER THE JONATHAN BYLER FINAL SUBDIVISION PLAN, PREPARED BY RGS ASSOCIATES, DATED 4/24/02: Melissa Kelly, representing RGS Associates, addressed the Township Engineer's July 10, 2002 comment letter. She explained that they have not received notification from the Department of Environmental Protection (DEP) indicating approval of the Sewage Facility Planning Module for the project, to date. She noted that the approval of the Planning Module is anticipated for September. The Township Manager explained that the plan illustrates a proposed 50' right-of-way for the future extension of the Dogwood Valley roadway, if feasible.

The Applicant is requesting a Waiver of Section 603.2.B.1 pertaining to sidewalks. The Applicant has requested a Waiver of the requirement to construct sidewalk along the north side of Windsor Lane in accordance with the Township Engineer's recommendation. The request is based on the condition that a similar Waiver was granted for the adjoining Windsor Pointe development. The Township Engineer commented that they recommend approval of the Waiver request. On a motion by Vigunas, seconded by McSparran, the Board voted unanimously to grant a Waiver of Section 603.2.B.1 as requested.

On a motion by Moyer, seconded by Vigunas, the Board unanimously approved the Jonathan Byler Final Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of an acceptable Letter-of-Credit, upon recording of all cross easement agreements, upon recording of the Stormwater Management Agreement, upon recording of the deeds for the lots with applicable notifications, upon recording of all agreements in a sequence acceptable to the Township Solicitor, and upon receipt of notification from DEP indicating approval of the Sewer Module.

CONSIDER THE SEWER MODULE FOR THE REVISION TO THE LOG CABIN ROAD PROJECT: The Board reviewed the revised Sewer Module. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Sewer Module for the Revision to Lot 4 of the Log Cabin Road project.

CONSIDER REQUEST FOR A REDUCTION OF THE LETTER OF CREDIT FOR PEBBLE CREEK: 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 $23,132.87 from the current Letter-of-Credit account balance. The retainage of $1,500.00 represents their opinion of the costs to complete the remaining outstanding items. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved a release of $23,132.87 from the Letter-of-Credit for Pebble Creek, Phase II.

CONSIDER THE SEWER MODULE FOR THE HMA COMMUNITY HOSPITAL PROJECT: The Board reviewed the Sewer Module. On a motion by Moyer, seconded by Vigunas, the Board unanimously approved the Sewer Module for the HMA Community Hospital project.

CONSIDER THE SEWER MODULE FOR THE JOHN HESS PROJECT: The Board reviewed the Sewer Module. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Sewer Module for the John Hess project.

CONSIDER THE WENDY'S FINAL LAND DEVELOPMENT PLAN, PREPARED BY RETTEW ASSOCIATES, DATED 4/10/02: Tom Matteson, representing Rettew Associates, addressed the Township Engineer's July 10, 2002 comment letter. Matteson explained that the Planning Commission indicated that they would like the concrete sidewalk extended along the north side of Access Drive "C" from Peters Road, and noted that the plan has been revised accordingly. He added that additional sidewalk will be provided along the radius of Access Drive "B" and extending to the northern access to the site. He explained that these two sections of sidewalk will provide pedestrian access to the site from both crosswalk areas that will be connected across Peters Road from the site. Matteson stated that the Applicant is designating the southern access from Access Drive "B" as an exit only. He explained that the design for Access Drive "B" would accommodate two-way traffic to Stauffers of Kissel Hill if needed in the future; however, the access point from Wendy's will only provide for one-way traffic at this access point. He noted that appropriate signage will be installed to indicate this condition.

The Applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan application. The Applicant has requested a Waiver of the requirement to provide a Preliminary Plan, instead providing the Preliminary/Final Plan as submitted. The Applicant indicated in the request letter that the project is rather small in nature and the subject lot was created as part of the previously approved Preliminary and Final Subdivision/Land Development Plans for the Shoppes at Kissel Village project. The Township Engineer commented that since the lot was part of the previous plans in which traffic, sewer/water service and storm water management was addressed; it is their opinion that providing two separate plan submissions for the development of this lot would provide no benefit to either the Township or the Applicant. Therefore, they have no objections to granting the Waiver for this project. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to grant a Waiver of Section 301.3 as requested.

On a motion by Vigunas, seconded by McSparran, the Board unanimously approved th Wendy's Final Land Development Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of an acceptable Letter-of-Credit, upon receipt of an Escrow account, and upon recording of the Stormwater Management Agreement.

CONSIDER APPOINTMENTS FOR THE MUNICIPAL AND CITIZEN REPRESENTATIVE FOR THE CDBG PROGRAM: The Township Manager explained that Craig Kimmel (Planning Commission alternate) volunteered to serve as Municipal Representative for the 2003 Regional Advisory Council to the Lancaster County Housing and Redevelopment Authorities, and Ronald Hershey volunteered to serve as Citizen Representative to the Council. On a motion by Moyer, seconded by Vigunas, the Board voted unanimously to appoint Craig Kimmel to serve as Municipal Representative for the 2003 Regional Advisory Council, and voted unanimously to appoint Ronald Hershey to serve as Citizen Representative for the 2003 Regional Advisory Council to the Lancaster County Housing and Redevelopment Authorities.

EXECUTIVE SESSION: The Chairman announced that the Board will meet in an Executive Session to discuss a personnel issue and legal issues.

ADJOURNMENT: Upon reconvening the meeting, and with no further business to come before the Board, the meeting was adjourned at 8:55 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager