Acting Chairman Bruce Bucher convened the January 6, 2003 regular 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, John Love, Stacey Morgan, Dan McGraw, and Michael Arno. Laura Knowles of Lancaster Newspapers and Richard Reitz of the Lititz Record Express represented the press.

COMMUNICATIONS: The Board received a copy of the December, 2002 edition of the PSATS NewsBulletin.

The Board received a copy of the Growth Tracking Report which was prepared by the Lancaster County Planning Commission for the period 1994-2001.

The Board received notification from the Lancaster County GIS Department that details a joint effort between the Federal Emergency Management Agency and the United States Geological Survey to study problems with the current federal insurance rate map for the area near the confluence of the Conestoga River and the Cocalico Creek.

The Township Manager explained that the Board retained Solicitor Dan Cohen to negotiate the upcoming Cable Franchise Agreement. He explained that he recently discussed the issue with a representative of Ephrata Township and discovered that Ephrata Township has the same agreement and termination date with Blue Ridge CATV as Warwick Township. They expressed an interest in partnering with Warwick Township during the cable franchise negotiations. He suggested that they be included in the upcoming negotiations which also include representatives of Lititz Borough and Elizabeth Township. The Board is in agreement to include Ephrata Township in the cable franchise negotiations with Blue Ridge CATV. The Township Manager explained that he will provide a revised agreement for the Board’s approval at a future meeting.

CONSIDER THE HMA COMMUNITY HOSPITAL OF LANCASTER FINAL LAND DEVELOPMENT PLAN, PREPARED BY RETTEW ASSOCIATES, DATED 9/5/02: John Love, representing Rettew Associates, explained that the plan was revised to address the Township Engineer’s January 2, 2003 comment letter. He outlined several outstanding items contained in the letter. He explained that the developer will meet with Township staff to discuss traffic signal plans. Bucher inquired what is the status of the proposed improvements to Woodcrest Avenue and West Millport Road. Love explained that the are currently in the process of meeting with affected property owners to discuss the proposal and attempt to obtain additional right-of-way to accommodate the proposed improvements. The Township Manager explained that the roadway improvements would be included as part of the Letter of Credit for the project. He noted that the Township Solicitor has reviewed the agreements that would be executed as part of any approval for the project.

Attorney Stacey Morgan, of Hartman, Underhill & Brubaker, explained that the applicant is requesting a modification to one of the agreements pertaining to stormwater management facilities. She explained that the document currently reads "...during the construction period, if the Township Engineer determines that the stormwater management facilities as designed are inadequate..." and stated that her client is concerned that the sentence is open-ended. She suggested that language be added that reads "...as designed are inadequate to properly handle earth-disturbance activities of the tract, or additional stormwater runoff generated by the development of the tract..." in order to clarify the intent of the condition as it applies to the Applicant. The Township Manager explained that due to prior knowledge of construction experience that has taken place at the site to date, the Township Solicitor would be agreeable to the language. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to modify the language of the Developer’s Agreement as discussed based on the construction experience that has occurred at the tract. On a motion by Moyer, seconded by Myers, the Board voted unanimously to approve the HMA Community Hospital of Lancaster Final Land Development Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, posting of the Letter of Credit, receipt of all applicable agreements (recording of required agreements) subject to Township staff, engineer and solicitor’s review and approval, upon the applicant addressing all outstanding conditional use requirements, upon the applicant addressing any final review comments outlined in the Township Engineer’s comment letter January 3, 2003, upon the establishment of a monthly construction meeting with Township staff and engineer during the construction phase of the project, and upon the applicant addressing any outstanding items for the Warwick Township Municipal Authority.

RESOLUTION #01-06-03-03 - PENNDOT APPLICATION FOR MILLPORT ROAD AND HIGHLANDS DRIVE TRAFFIC SIGNAL: The Board reviewed the resolution. The Township Manager explained that the Resolution is for submittal of the PennDOT Application for a traffic signal at the intersection of Millport Road and Highlands Drive. On a motion by Vigunas, seconded by McSparran, the Board unanimously adopted Resolution #01-06-03-03.

CONSIDER SCOPE OF WORK FOR MARKET STUDY AS RECOMMENDED BY THE REGIONAL ECONOMIC DEVELOPMENT COMMITTEE: The Township Manager explained that a representative of Lancaster County assisted the Borough in developing a request for proposals for the Market Study and also participated in the interview process. He explained that ZHA has been selected for the Market Study. He noted that ZHA developed a market study for Ephrata Borough and added that the subcommittee spoke with Ephrata Borough representatives who indicated that they regret that they did not follow all of ZHA’s recommendations. He outlined the Scope of Services provided by ZHA for the benefit of the Board. Bucher inquired whether or not the Borough has accepted ZHA’s proposal. The Township Manager explained that he anticipates that the Borough will accept the proposal at Borough Council’s January 28, 2003 meeting. He noted that the Township will pay 15% of the cost for the study and the Borough will pay 85% of the cost. He noted that a farm market study would be included as part of the overall study. On a motion by Myers, seconded by McSparran the Board voted unanimously to accept the Scope of Work for the Market Study and to contribute 15% of the cost contingent upon approval and acceptance by Lititz Borough Council.

REVIEW OF THE SNOW REMOVAL POLICY: The Township Manager provided a copy of the Township’s current snow removal policy for the Board’s review and information. He provided an overview of the policy for the benefit of the Board.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:15 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager