Vice-chairman W. Logan Myers, convened the January 15, 2003 regular meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, Michael Vigunas, Roger Moyer, and Joseph McSparran. Bruce Bucher was absent. In attendance were Township Manager Daniel Zimmerman, Police Chief Richard Garipoli, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Carl Hostetter, Patricia Shaw, Matthew Plant, and Daryl Weaver. Laura Knowles of Lancaster Newspapers and Richard Reitz of the Lititz Record Express represented the press.

RECOGNITION OF FIRE POLICE SERVICES-POLICE CHIEF GARIPOLI: The Police Chief welcomed the fire police members in attendance this evening. He explained that the Board recommended that the Fire Police in the Township be commended for their efforts. He stated that the Citizens Award Committee selected the award recipients for this evening’s meeting. The Police Chief introduced the members of the Citizens Award Committee. Committee Chairperson Patricia Shaw extended her appreciation to the fire police members. Medals of Commendation were presented to representatives of the Brunnerville Fire Police, the Lititz Fire Police and the Rothsville Fire Police.

Police Chief Garipoli awarded the Medal of Merit to Fire Police Officer Ray Lausch for his dedicated service to his duties. Lausch stated that he enjoys his work and added that he appreciates the award.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during December, 2002. He outlined several programs being conducted by the Department. On a motion by Moyer, seconded by Vigunas, the Board unanimously approved the Police Department's December, 2002 report.

APPROVAL OF MINUTES: On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the minutes of the December 4, and December 18, 2002 meetings as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the payment of bills from the General Fund in the amount of $410,873.08

MANAGER'S REPORT:. The Township Manager provided a status report on the Route 72 Corridor Study. He explained that the public meeting to present the study to the general public has been rescheduled to January 23, 2003 at Manheim Central High School.

The Township Manager provided a status report on the Forney Field project. He explained that the Public Works Department continues working on improvements to the Forney Field as weather permits. The subcommittee working on the Recreational Technical Grant is meeting with representatives of DCNR on January 29, 2003 at 7:00 p.m. at the Warwick Township Municipal Building to review the grant application. He added that the appropriate appointments have been made by the five entities participating in the study.

The Township Manager provided a status report on the Employee Handbook. He explained that a draft of the Employee Reference Handbook will be provided to the Board at their February 5, 2003 meeting.

The Township Manager provided a status report on several upcoming Ordinance requirements. He explained that one of the Ordinances would address the Act 30 modifications to the Police Pension Plan which were mandated by the State. He added that the Stormwater Management Ordinance will be modified under State Act 167. In addition, the Board would also need to pass an Ordinance to establish the Recreation Advisory Committee.

The Township Manager provided a status report on the Cable Franchise negotiations. He explained that representatives of Ephrata Township have agreed to partner with the Township, Lititz Borough and Elizabeth Township during negotiations. He explained that the Solicitor retained by the municipalities has provided a revised fee schedule to address this issue.

The Township Manager stated that the Lititz/Warwick Coordinating Committee will be meeting on Thursday, January 16, 2003 to discuss the status of the objectives of the Lititz/Warwick Joint Strategic Plan. He detailed the status of the Plan.

He explained that the Park and Ride facility at the Shoppes at Kissel Village is operational. He stated that use of the facility by the general public should be emphasized so that residents use the facility.

He stated that the widening of Route 501 from Owl Hill Road to the Shoppes of Kissel Village is in the design phase and the portion of Route 501 from Wynfield Drive to Newport Road which is scheduled for widening is in the beginning design phase.

The Township Manager explained that Lititz Borough and Warwick Township received DEP certification for the Comprehensive Wellhead Protection Plan which was prepared jointly.

The Township Manager explained that the Township is still in the permitting process for the two wells that were dug during 2002 due to additional tests that were required on the wells by the State.

The Board unanimously approved the Township Manager's Report

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

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during December, 2002. He outlined the winter budget expenses to date and added that the Public Works Department provides winter maintenance to approximately 100 miles of roadway. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Public Works Department's December, 2002 report.

ZONING OFFICER'S REPORT: The Township Manager presented a report prepared by the Zoning Officer that outlines the Zoning/Building permits issued in December, 2002. He explained that the December 8, 2002 meeting of the Zoning Hearing Board was cancelled since the Applicant withdrew the scheduled case. The Zoning Officer provided a year to date summary of building permit activities. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Zoning Officer's December, 2002 report.

EMERGENCY MANAGEMENT COORDINATOR REPORT: The Board reviewed a report submitted by the Emergency Management Coordinator that outlines his activities during the fourth quarter of 2002. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Emergency Management Coordinator's report.

COMMUNICATIONS: The Board received a letter of appreciation from Crossing Guard Bonnie Norris for the Township’s gift of a Christmas ham.

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 a copy of the Brunnerville Fire Company 2002 Financial Report. The Board briefly discussed the report.

REVIEW OF THE DARYL WEAVER SKETCH PLAN, PREPARED BY FISHER ENGINEERING, DATED 12/5/02: Matthew Plant, representing Fisher Engineering, provided a Sketch Plan illustrating the proposed modifications to the three affected properties that are part of the application. He explained that the plan proposes a flag lot (Lot 1) along East Newport Road for a proposed home. The existing home would be subdivided from the Weaver’s Garage property; in addition, land would be added to the Weaver’s Garage property to create an access drive along Orchard Road, and to expand the property.

Plant stated that although the flag pole of Lot 1 would connect to East Newport Road, access to the lot is proposed via the new access drive to the Weaver’s Garage property. The lot would not be accessed via Newport Road.

The Weaver’s Garage property has two connections with Newport Road; one connection is designated as "enter only" (eastern connection) and the other connection is designated as "exit only" (western connection). Weaver explained that the access along Orchard Road is being proposed to reduce the amount of traffic on East Newport Road. The Township Manager explained that the applicant granted additional right-of-way for the construction of the center turn lane on East Newport Road. He added that the proposed access drive along Orchard Road does not meet sight distance from the intersection of East Newport Road and Orchard Road, and noted that the proposal would require approval of a Waiver for the proposed access drive along Orchard Road. The proposed access drive with Orchard Road is approximately 200' from the intersection of Orchard Road and Newport Road. The Ordinance requires 300' minimum separation from Newport Road.

Plant stated that the applicant will be requesting a Waiver of Section 602.15.D which states that no part of any structure shall be located within 30 feet from the cartway edge of an access drive. The Waiver is being requested to allow the proposed access drive to be within 5 feet of an existing garage. The Township Engineer commented that in the past, as long as some sort of protective device is provided to guard the structure, they have no objections to granting the Waiver. Plant explained that a protective device would be provided for the garage.

The Township Manager explained that cross-access easements would be required as part of the proposal. The plan proposes the utilization of an on-lot water supply for the existing house and the proposed dwelling.

The Board indicated that they would be agreeable to considering the Waiver requests as discussed this evening.

CONSIDER CORNERSTONE FAMILY PRACTICE FINAL LAND DEVELOPMENT PLAN, PREPARED BY DC GOHN, DATED 6/7/02: Joe Gurney, representing DC Gohn Associates, explained that the property contains 3.2 acres of Community Commercial zoned lands and is served by public sewer and public water. The site currently has an access along Furnace Hills Pike (SR 501) and an access along West Newport Road. Gurney stated that these access points would be upgraded as part of the project and explained the improvements for the benefit of the Board. The existing parking area will be expanded and realigned as part of the project. He stated that the access along West Newport Road will be relocated farther from the intersection of Furnace Hills Pike and West Newport Road to improve traffic circulation at the intersection. Gurney stated that the stormwater facilities will be designed using Best Management Practices (BMPs). The plan for the health facility proposes an approximate 14,120 square foot, two-story addition to the existing building. He added that the parking design will provide for 110 parking spaces.

Gurney explained the property on the corner of SR 501 and West Newport Road is currently used for residential purposes and is owned by Cornerstone Family Health Associates. He explained that the Commission had discussed the removal of the home on the property; however, inspection by Lancaster County staff verified that the home was constructed in the early 1800's and has some historic significance. He stated that the plan illustrates the removal of the existing driveway along West Newport Road for the residential property and explained that access to the property would be provided through the proposed entrance along West Newport Road that would serve the health facility.

Gurney explained that they are in the process of obtaining an HOP; however, they have not received PennDOT approval to date. He noted that all of the required agreements have been provided to the Township for review. Gurney provided an architectural rendering of the proposed facility.

The Applicant is requesting a Waiver of Section 227.6.A (Stormwater Management Ordinance) pertaining to Best Management Practices, required volume. The applicant's consultant is requesting a Waiver of the Best Management Practices (BMP) design criteria which requires a minimum amount of settling volume within the BMP facility.

Gurney explained that the Township Engineer recommended that the applicant indicate what the required and provided volumes are within each BMP facility in accordance with the Ordinance criteria prior to the Township taking action on the Waiver request. Gurney stated that the large stormwater basin BMP would be required to provide approximately 4,500 cubic feet, and the plan proposes to provide approximately 2,375 cubic feet of storage. He added that the smaller BMP is required to provide approximately 1,110 cubic feet of storage, and the plan proposes to provide approximately 660 cubic feet.

He explained that the Waiver request is based on the limitations of the site due to the existing PPL easements on the site, the location of the existing building, and that there are currently no stormwater facilities provided on the site. He noted that they have proposed water quality inlets on the site that will prevent oil and debris from flowing downstream through the stormwater system. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to grant a Waver of Section 227.6.A.

On a motion by Vigunas, seconded by Moyer, the Board voted unanimously to approve the Cornerstone Family Practice Final Land Development Plan contingent upon execution of the Ownership/Offer of Dedication Certificate; upon posting of the Letter of Credit, upon receipt of all applicable agreements and (recording of required agreements) subject to Township staff, Township Engineer and Township Solicitor’s review and approval; upon receipt of the Escrow amount, upon scheduling a pre-construction meeting with Township staff; and upon receipt of a copy of the HOP permit.

CONSIDER ORDINANCE #201 AMENDING THE CODE OF ORDINANCES TO RECOGNIZE THE VOLUNTEER FIRE AND AMBULANCE SERVICES WITHIN THE TOWNSHIP: The Board reviewed the Ordinance. The Ordinance would add a new Part 5 under Chapter 1 of the Code of Ordinances recognizing the Volunteer Fire Companies and Volunteer Ambulance Associations. The Ordinance would authorize the activities of the volunteer fire companies and volunteer ambulance associations and recognize their services within Warwick Township. On a motion by McSparran, seconded by Moyer, the Board voted unanimously to adopt Ordinance #201.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager stated that the Township currently has a litigation suit with Penn National Insurance regarding insurance coverage. He explained that the issue was discussed with counsel and the Township’s insurance agent. The agent for the Township expressed the opinion that the Township has potential coverage by Penn National. He explained that the issue was presented to Penn National Insurance and subsequently, Township Solicitor recommended that the Township consider settling the litigation with Penn National Insurance which would terminate the case. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to authorize the proposed revisions to the Township Settlement Agreement, in accordance with the Township Solicitor’s letter dated December 24, 2002, and the Weber Gallagher Simpson Stapleton Fires & Newby LLP letter dated January 7, 2003.

Myers expressed appreciation for the cooperation given to the Township by Richard Reitz, Lititz Record Express Editor. He wished Reitz well in his future endeavors.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:52 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager