WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
October 2, 2002

Chairman Bruce Bucher convened the October 2, 2002 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, Michael Vigunas, W. Logan Myers, Roger Moyer and Joseph McSparran. In attendance were Township Manager Daniel Zimmerman, Kevin Varner, Dana Clark, Justin McKane, Jeremy Williams, Joel Haldeman, Rebecca King, and Matt Hines. Laura Knowles of Lancaster Newspapers, and Richard Reitz of the Lititz Record Express represented the press.

Bruce Bucher read a statement, in response to recent media coverage, outlining the Board of Supervisors’ position concerning farms that are zoned agricultural.

PUBLIC HEARING TO CONSIDER ADDING FARMS TO AGRICULTURAL SECURITY AREA: The Chairman announced the procedures to be followed for this evening’s public hearing. The Township Manager confirmed the posting and proof of advertisement of this evening’s hearing. He provided information to the Board indicating the location of the farms to be added to the Agricultural Security Area and the acreage of each property. 1) Christian and Susie Glick, 1002 Rabbit Hill Road, 69.1 acres; 2) Dale Rohrer, Limerock Road, 22.6 acres; 3) John and Brenda Clark, George and Barbara Clark, and Mary and John Clark, 660 Brunnerville Road, 65.3 acres; 4) Lloyd and Esther Burkholder, Skyview Lane, 98.5 acres; and 5) John, Paul and Mae Kline, 811 Snyder Hill Road, 74.4 acres. The Township Manager stated that the proposal before the Board this evening would add 329.9 acres to the Township’s existing 3,332 acres within the ASA. The Warwick Township Planning Commission reviewed the applications at their August 28, 2002 meeting and recommended acceptance of the applications since the farms meet the ASA guidelines.

The Chairman inquired whether anyone present wishes to comment on the proposal. Myers commented that the Board is sincere in its desire to protect and preserve the farms in this area. No one from the audience indicated their desire to comment on the proposal. On a motion by Moyer, seconded by McSparran, the Board unanimously closed the public hearing on the proposed farm additions to the Agricultural Security Area of Warwick Township.

COMMUNICATIONS: The Board received an invitation from Lancaster Farmland Trust and the Agricultural Preserve Board to attend a celebration on Tuesday, October 8, 2002 at the Landis Valley Museum to recognize the preservation of 50,000 acres of farmland in Lancaster County.

THE REQUEST BY LANCO GRAPHICS FOR RELEASE OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observation of completed improvements compared with the original items and costs identified in the Opinion of Probable Costs, they recommend the Township release the final $1,500.00 from the current Letter-of-Credit account balance. On a motion by Myers, seconded by McSparran, the Board unanimously approved a release of the final $1,500.00 from the current Letter-of-Credit for Lanco Graphics.

CONSIDER THE REQUEST FOR A TIME EXTENSION FOR THE DANIEL GLICK LOT ADD-ON PLAN: The Board reviewed the request of the 90 day extension of time in which to record the Daniel M. and Barbara R. Glick Lot Add-On plan. On a motion by Vigunas, seconded by Myers, the Board voted unanimously to grant a 90-day extension of time for the Daniel M. and Barbara R. Glick plan.

CONSIDER REQUEST BY MILLPORT MENNONITE CHURCH FOR WAIVER OF LAND DEVELOPMENT PLAN SUBMITTAL: The Township Manager explained that the church is requesting a waiver of the requirement to submit a land development plan to install a utility building and a modular educational building at their church property located at 820 Log Cabin Road, Leola. The buildings would remain on a temporary basis for a period of approximately five years. The Township Manager explained that the structures would be placed on an existing macadam area; therefore, no increase in the impervious surface of the property would occur. The planning commission recommended a yearly inspection of the modular building. The applicant should be responsible to request the annual inspection by the Township building inspector. The planning commission also recommended the temporary buildings be used for a maximum of five years.

On a motion by Vigunas, seconded by Moyer, the Board unanimously recommends approval of a Waiver of Section 301.3 and Section 301.4 pertaining to Land Development Plan submittal, contingent upon annual Certificate of Occupancy inspections be performed for the modular educational structure, that the modular educational structure be used for a maximum of a five year period of time and upon the Township Engineer’s September 18, 2002 comment letter being addressed.

CONSIDER THE REQUEST FOR A TIME EXTENSION FOR THE SNAVELY MILL LAND DEVELOPMENT PLAN: The Board reviewed the request of a one year extension of time in which to implement the Snavely Mill Land Development plan. On a motion by McSparran, seconded by Myers, the Board voted unanimously to grant a one year extension of time to implement the approved Land Development plan for Snavely Mill until September 24, 2003.

CONSIDER THE CONDITIONAL USE DECISION FOR REUBEN KING: The Board reviewed the Conditional Use decision. The applicant requested Conditional Use approval under Article 2, Section 201.4.A of the Zoning Ordinance to construct a third detached dwelling unit and barn within the Agricultural zoning district on his parents 121.5 acre farm located at 243 Becker Road, Leola. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Conditional Use Decision for Reuben King; noting specifically under the heading of "III. Decision", 4. that this decision will require that any future submittals for this tract must be in compliance with Sections 453 and 201.6 B of the Warwick Township Zoning Ordinance.

On a motion by Myers, seconded by Moyer, the Board unanimously approved the request for a waiver of the requirement to submit a land development plan, contingent upon the Township Engineer’s August 21, 2002 comment letter being addressed.

DISCUSSION OF THE PROPOSALS FOR CABLE TV FRANCHISE NEGOTIATIONS: The Board received a proposal from Morgan, Hallgren, Crosswell & Kane for services to represent the Township during negotiations and a proposal from Cohen Telecommunication Law Group. Each proposal outlines specific areas that the Township should consider in negotiations prior to renewal of a cable franchise agreement. On a motion by Moyer, seconded by McSparran, the Board unanimously appointed Vigunas and Myers to serve on a sub-committee, to give them authorization to negotiate with Blue Ridge Cable, Inc., and to select appropriate legal counsel.

DISCUSSION ON ESTABLISHING A POLICY FOR RIGHT TO KNOW REQUESTS: The Board received a draft Public Records Inspection and Duplication Policy from the Township solicitor concerning the Right to Know Law, Act 100. The Township Manager explained that the state is now requiring the municipalities to adopt a written policy concerning access to public records. The Board discussed the draft policy in detail. The Township Manager will provide the Board with a revised draft policy for Board action in December.

CONSIDER REQUEST TO ADD FARMS TO AGRICULTURAL SECURITY AREA: On a motion by Moyer, seconded by Myers, the Board unanimously approved the petitions to add five farms to the Agricultural Security Area, as submitted for this evening’s public hearing.

CONSIDER RESOLUTION 10-02-02-01 TO AUTHORIZE ACQUISITION OF THE POLO FIELD TRACT: On a motion by Myers, seconded by McSparran, the Board unanimously approved Resolution 10-02-02-01 authorizing the acquisition of a tract of land within the Township by acceptance of dedication or by condemnation or by deed in lieu of condemnation.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager reminded the Board members of future meeting dates 1) November 6, 2002, 4:00 p.m. budget meeting prior to the regular Board meeting, 2) October 30, 2002, 7:00 p.m. joint meeting with Lititz Borough, Elizabeth Township and Warwick School District.

The Township Manager reviewed the status of the Rothsville Fire Company building addition. The Township has agreed to support the fire company by having the Township Engineer prepare the land development design and assist with regulatory requirements, etc. On a motion by Moyer, seconded by McSparran, the Board unanimously approved ELA to proceed with the planning and design process for the Rothsville Fire Company proposed building addition as indicated in their October 1, 2002 letter.

EXECUTIVE SESSION: The Chairman announced that the Board will meet in an executive session to discuss real estate issues.

ADJOURNMENT: Upon reconvening the meeting, on a motion by Moyer, seconded by Vigunas, the Board unanimously agreed to participate with Lancaster Farmland Trust, with matching funds to the extent of $100,000, to preserve the Paul Kline farm located at 1400 Brunnerville Road and to authorize the expenditure of the real estate transfer tax that corresponds with the value of the TDR’s.

With no further business to come before the Board, the meeting was adjourned at 8:45 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager