WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
February 5, 2003

Chairman Bruce Bucher convened the February 5, 2003 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, Township Engineer Chuck Hess, Representative Roy Baldwin, WESA Coordinator Paul Paulsen, Tom Matteson, Kevin Varner, Mary Ann Hartzell, Irel Buckwalter, Ned Pelger, Esther Zimmerman, and Allen W. Martin. Laura Knowles of Lancaster Newspapers represented the press.

PRESENTATION OF CHECK BY REPRESENTATIVE ROY BALDWIN: Representative Roy Baldwin congratulated the Board’s initiative to apply for a grant from DCED for the creation of the Warwick Emergency Services Alliance. He also commended the Township Manager for writing the grant application. Representative Baldwin presented WESA Coordinator Paul Paulsen with a check in the amount of $10,800.00. The Chairman explained that the Warwick Emergency Services Alliance is comprised of members from each of the emergency services organizations located within Lititz Borough, Elizabeth Township, and Warwick Township, and also representatives from each municipality.

COMMUNICATIONS: The Board received a copy of a letter from Senator Noah Wenger congratulating the Township’s $10,800.00 grant award from the PA Department of Community and Economic Development (DCED) for the Warwick Emergency Services Alliance.

The Board received a copy of a letter from the Hourglass Foundation requesting if the Township Manager would agree to be nominated by them to serve on the Lower Susquehanna Regional Committee that was created as part of the new Water Resources Planning Act. The Committee would work with five other Regional Committees to assist in the development of the State Water Plan. The Township Manager stated that if the Board has no objections, he will agree to be nominated. The Board indicated no objections.

The Board received a copy of a letter regarding the Lititz Springs Park Board. The Park Board is currently finalizing a Growing Greener Grant Application to DEP to address the water quality issues in the park. The Park Board is requesting partner support for the project by a letter of support, and if feasible, a financial contribution. The Township Manager explained that the Park Board is reviewing the feasibility of creating a regional storm water basin on School District property to address flooding and sedimentation in the park. The Township Manager explained that the Township has taken action to improve storm water controls within the Township in this area of Lititz. The Board is in agreement to submit a letter of support for the Growing Greener Grant.

CONSIDER THE BUCKHILL FARMS OFFICE BUILDING SKETCH PLAN, PREPARED BY RETTEW ASSOCIATES, DATED 1/8/03: Tom Matteson, Rettew Associates, explained that the site is located at the intersection of Peters Road and Highlands Drive, which is part of the original Shoppes at Kissel Village plan. The plan proposes an approximate 41,000 square foot 2-story office building. He explained that the building would provide general office space. Matteson explained that the building would be surrounded by a parking lot so it can be easily accessed from both sides of the building. He stated that the plan proposes a shared access along Highlands Drive with the remaining lands. He added that the access would align with the access for the Community Hospital. He explained that landscaping would be provided along Highlands Drive that is similar to the Community Hospital streetscape on the opposite side of the roadway. He noted that the berm may be less than what is provided on the Hospital property due to the horizontal curve of the roadway. Matteson explained that the pedestrian trail will link to the trail system on the hospital site. He explained that the lot currently contains 23 acres; however, the plan proposes to subdivide an approximate 3.7 acre tract for the office building site. Matteson stated that the regional basin in this area would need to be excavated in order to accommodate this proposal. He stated that when the basin was constructed the area was zoned residential and was designed to serve residential development. He explained that the area was subsequently rezoned to Community Commercial by the Township. He added that one additional basin might be needed to address storm water in this area. Matteson addressed the Township Engineer’s January 15, 2003 comment letter.

The Township Manager explained that the Planning Commission requested the applicant to subdue the parking lot to avoid the appearance of a "sea of macadam". Matteson explained that landscaping would be provided along the street and close to the building to improve the aesthetics of the site. He noted that he is agreeable to the recommendations contained within the Township Engineer’s letter. Matteson stated that an abbreviated traffic impact study would be prepared for the proposal since the site would create more traffic than what was originally designated for the site.

The Township Engineer explained that the proposal would require the purchase of TDRs and inquired whether or not the number of TDRs that would be need to be acquired has been calculated. Matteson stated that the Ordinance provides for a lot coverage of 10% without the purchase of TDRs and explained that the plan proposes approximately 60% lot coverage.

Bucher inquired whether or not the site could be accessed via the Shoppes at Kissel Village Parking area. Matteson explained that the access is feasible; however, he would need to verify the property owner’s future plans for the property. Matteson explained that the access along Peters Road is right-in/right-out only. Vigunas suggested that a deceleration lane be constructed along Highlands Drive for access to this site. He noted that the Community Hospital site across the roadway from this site was required to construct a deceleration lane for their project. Pelger expressed the opinion that the traffic would not warrant the need for a deceleration lane. Vigunas explained that it may not be necessary at this time; however, it would be consistent with the roadway planning in this area since Highlands Drive is designated as a collector road. Pelger stated that the traffic study might indicate that the deceleration lane is not needed. The Board indicated that they will review the abbreviated traffic study for the project to determine whether or not a deceleration lane is needed for this site. Ned Pelger, representing the applicant, explained that the building would have a stone facade on both the front and the back of the building in order maintain a style of building found in the Lititz area. Matteson described how storm water would be conveyed to the basin on the south side of Peters Road if it is determined that it could handle additional storm water. Bucher explained that the Board is concerned over potential traffic increases in this area of the Township during peak hours. Moyer inquired how many offices could be accommodated in the proposed building. Pelger estimated that, at most, 150 offices could be created taking into consideration corridors, etc. He noted that the figure was used to determine the public sewer service that would be required for the site. The plan proposes 164 parking spaces. Matteson inquired whether or not the Board would consider a Waiver of Preliminary Plan submittal so that the project could be formally presented as a Final Plan. The Board indicated that they would consider a Waiver of Preliminary Plan submittal since the lot is part of a previously approved subdivision plan. The Board indicated that they are favorable to the plan and recommended the applicant consider a deceleration lane on Highlands Drive and to address the Planning Commission and Township Engineer’s comments.

CONSIDER THE GREEN HILL FARMS DISCOUNT GROCER SKETCH PLAN, PREPARED BY RGS ASSOCIATES, DATED 1/7/03: The Township Manager explained that had a pre-application meeting with Township staff and at that time staff recommended the applicant submit a Sketch and Business Plan for the project since the proposal is for replacement of the existing non-conforming industrial use within the Rural Estate zone and would require zoning approvals. He noted that the proposal includes retro-fitting of the existing building on the property.

Roy Martin, representing Green Hills Farm Discount Grocer, explained that they currently operate a discount grocer at 937 East Newport Road, across from the Lititz Area Mennonite School. He explained that the proposed site is located at the intersection of East Newport Road and Orchard Road. He explained that the site currently contains an aluminum foundry (W.A. Miller & Son) which is a non-conforming use. He noted that the proposal would require approval of a zoning hearing for replacement of a non-conforming use. He provided the current layout of the site for the benefit of the Board. He explained that the property has access to the site from both Orchard Road and East Newport Road. The plan proposes to retain the existing approximate 12,000 square feet building which would provide 6,000 square feet of retail space and 6,000 square feet of storage space. He noted that a portion of the building would need to be removed in order to accommodate 40 parking spaces. Martin explained that the site could be accessed by either Orchard Road or East Newport Road; however, the access along East Newport Road would be designated as access-only and used primarily for deliveries. He noted that appropriate signage would be provided at the access. He described the improvements that are proposed for the exterior of the building.

Martin explained that they would like to request the Board’s consideration on whether or not sidewalks would be required as part of the proposal. He noted that the Planning Commission indicated that some type of pedestrian access should be provided since sidewalk is being constructed along East Newport Road at the Newport Square.

The Township Manager explained that the property was rezoned to Rural Estate in 2001, which continued its non-conforming status. He explained that the Planning Commission recommended restricting any future expansions of the grocery store operation on a square footage basis. Martin explained that they currently have approximately 85 customers a day and estimated that the current proposal would average 113 customers a day. He noted that the current grocery store is also located on East Newport Road and added that the business would be discontinued when the new store is operational.

Vigunas inquired whether or not the access along Orchard Road could be aligned with the proposed access on the Weaver’s Garage property. The Township Manager explained that the Planning Commission discussed the issue with the applicant. Martin stated that he spoke with adjoining property owners and they indicated that they were in favor of the proposal. The Board indicated that they are favorable to the proposal.

CONSIDER THE ROY ZIMMERMAN PRELIMINARY PLAN FOR CONDITIONAL APPROVAL, PREPARED BY DIEHM & SONS, DATED 9/12/02: Kevin Varner, representing Diehm & Sons, stated that the Board previously reviewed the Sketch Plan for the project and also the Conditional Use application for the agricultural lot. He explained that the tract is located along Clay Road, south of the Orchard Road intersection. He explained that the site contains approximately 10.3 acres of land; the portion on the west side of Clay Road is zoned R-1 and the portion on the east side of Clay Road is zoned Agricultural. The plan proposes to subdivide the tract to create one approximate 3-acre Agricultural zoned lot on the east side of Clay Road, and to create 4 single-family lots on the west side of Clay Road ranging in size from approximately 1.6 acres to 1.9 acres. Varner explained that the single-family lots would be accessed via a 28' wide public roadway that is proposed to be dedicated to the Township. He noted that sidewalks would be provided on the south side of the roadway to serve the lots. Varner explained that the existing home and barn on the property would be removed as part of the project. Varner explained that they propose to pay a fee-in-lieu of parkland dedication, and a fee-in-lieu of roadway improvements. He explained that curbing would be provided along the radius of the proposed street to Clay Road. Varner stated that the Sewer Planning Module has been approved for the project. Varner addressed the Township Engineer’s January 15, 2003 comment letter.

The Township Manager explained that the Planning Commission suggested that either the driveway on the agricultural zoned lot should be aligned with the proposed new street, or the plan should provide a greater separation in order to eliminate traffic conflicts. Varner explained that as a result of another perc test being performed on the agricultural lot, the location of the replacement system was relocated; therefore, the proposed driveway could be moved farther north along Clay Road.

The Township Manager explained that the plan proposes large underground concrete storage vaults for stormwater since the applicant does not want surface basins. He added that the plan does provide for stormwater infiltration; however, ongoing maintenance of the underground facilities should be considered. He explained that maintenance of the stormwater facilities would be required to be included with the deed for the lots. The Township Manager explained that since the roadway would be dedicated to the Township, the Commission recommended that low maintenance vegetation be planted within the 10' right-of-way area north of the proposed roadway. He noted that the plan provides for the extension of the proposed street to the adjoining property to the west if needed in the future.

Myers inquired what is the slope on the north side of the proposed street. Varner explained that the bank has a 2:1 slope. Varner explained that low maintenance vegetation would be planted since the area could not be mowed due to the slope of the bank.

Moyers inquired why an underground infiltration system was not proposed rather than storage vaults. Varner detailed the storm water management facilities for Moyer’s benefit. He explained that the Township’s Sewage Enforcement Officer expressed concern over the amount of water that would be infiltrating the site since the lots would be served by on-site sewage systems.

The Applicant is requesting a Waiver of Section 603.2 pertaining to sidewalks. The applicant is requesting a Waiver of the requirement to construct sidewalks on the north side of the proposed street. Sidewalks will be provided on the south side along the frontage of the proposed lots/homes. The Township Engineer commented that with sidewalks provided along the frontage of the proposed lots, it would appear that adequate pedestrian accommodations will be provided as part of the site development; therefore, they could support the Waiver request conditional upon providing sidewalks on the south of the proposed street as shown on the current plans. On a motion by Vigunas, seconded by Myers, the Board unanimously granted a Waiver of Section 603.2.

On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Roy Zimmerman Preliminary Plan contingent upon the Township Engineer’s January 15, 2003 comment letter being addressed and upon the Planning Commission’s comments being addressed.

CONSIDER REQUEST FOR A 90-DAY TIME EXTENSION FOR DOGWOOD VALLEY, PHASE 3: The Board reviewed the request. On a motion by Myers, seconded by McSparran, the Board unanimously approved a 90-day extension of time for Dogwood Valley, Phase 3.

CONSIDER REQUEST FOR REDUCTION OF LETTER OF CREDIT FOR THE BYLER SUBDIVISION: 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 $15,987.40 from the current Letter-of-Credit. The retainage represents their opinion of the costs to complete the remaining outstanding items. On a motion by Moyer, seconded by McSparran, the Board unanimously authorized a release of $15,987.40 from the current Letter of Credit for the Byler Subdivision.

CONSIDER EXECUTION OF CONTRACT WITH DCED FOR WESA PROGRAM: The Township Manager explained that the Contract would be for formal acceptance of the $10,800.00 grant award from DCED. On a motion by Moyer, seconded by McSparran, the Board unanimously authorized execution of the contract with DCED for the WESA program.

CONSIDER RESOLUTION #02-05-03-01 ACCEPTING DEDICATION OF EAGLE RIDGE AS PART OF THE TOWNSHIP STREET SYSTEM: The Board reviewed the Resolution. The Township Manager explained that the developer has used primarily anti-skid on the roadway as part of their required winter maintenance and recommended that a condition be placed on any acceptance that the developer have the cinders swept from the roadway in the Spring. On a motion by McSparran, seconded by Moyer, the Board unanimously adopted Resolution #02-05-03-01 contingent upon the developer have the cinders swept from the roadway in the Spring.

DISCUSSION ON ALTERNATIVE AT WEST WOODS DRIVE AND HILLCREST AVENUE: The Township Manager explained that the individual (Philip Trimble) that wanted to discuss the issue is not present this evening. He explained that the individual recommends relocating the intersection of Hillcrest Avenue and West Woods Drive. The relocation would also address the potential extension of Tupelo Street to West Woods Drive if needed in the future. The Township Manager explained that the Board could consider the proposal; however, Trimble would need to dedicate right-of-way, provide a legal description (since he is a surveyor), and provide cut-and-fill sheets and the stakeout. He explained that the cost of the proposed relocation is approximately $13,500.00. He explained that the Public Works Department could perform the work as part of its other roadway improvement projects in this area and recoup the money from the property owner when the property is developed. Vigunas explained that the lack of sight visibility could hinder the proposal. The Township Manager explained that the issue would need to be further reviewed.

CONSIDER RESOLUTION #02-05-03-02 - PENNDOT APPLICATION FOR SIGNAL PERMIT AT PETERS ROAD AND HIGHLANDS DRIVE: The Board reviewed the Resolution. On a motion by Moyer, seconded by McSparran, the Board unanimously accepted Resolution #02-05-03-02.

REVIEW OF THE EMPLOYEE REFERENCE BOOK: The Township Manager provided a draft copy of the Employee Reference Handbook for the Board’s review. The Township Manager explained that the Township currently has an Employee Handbook and added that the modifications are new policies that have been adopted by the Board and Municipal Authority since 1997. He provided an overview of the Employee Reference Book for the benefit of the Board.

DISCUSSION ON CABLE FRANCHISE AGREEMENT: The Township Manager explained that Supervisors Myers and Vigunas met with Attorney Dan Cohen to discuss the upcoming renewal of the Cable Franchise Agreement. He explained that four other municipalities have agreed to jointly negotiate a Cable Franchise Agreement, and noted that Blue Ridge Cable would have to agree to negotiate with all of the parties. He added that Attorney Cohen has issued a letter to the Cable company inquiring whether or not they would negotiate jointly with the municipalities.

CONSIDER REQUEST BY LITITZ FIRE COMPANY FOR EQUIPMENT FUND WITHDRAWAL: The Board reviewed the request. The Lititz Fire Company is requesting a distribution of $8,400.00 for the purchase of new Self Contained Breathing Apparatus Cylinders. On a motion by Moyer, seconded by McSparran, the Board unanimously authorized a distribution of $8,400.00 from the Equipment Fund to the Lititz Fire Company for the purchase of new Self Contained Breathing Apparatus Cylinders.

DISCUSSION ON REVISION TO THE 2003 ROAD IMPROVEMENT PROGRAM: The Roadmaster explained that he intended to perform roadway improvements to Log Cabin Road in 2003; however, when certified notices were sent to the property owners, all of the property owners indicated that they had concerns over the proposed roadway improvements. The roadmaster explained that he would still widen the roadway from the Township line to LeHoy Forest Drive to 22' and maintain the roadway width of 20' from LeHoy Forest Drive to Becker Road. He noted that he would cover the roadway with a 1½" overlay and explained that the modification would require future maintenance approximately every 4-5 years of a chip seal. He explained that due to the agricultural nature of this portion of roadway, a chip seal is deemed appropriate. He explained that the original project estimate was $145,550.00, and the current project figure is $54,550.00. He explained that the cost-savings could be used for full-depth reclamation and widening of Carpenter Road and widening and overlay of Rothsville Station Road, which were both scheduled on the Township’s 5-year plan. He stated that the total cost for both projects would be $89,550.00 and noted that gas prices could affect the ultimate cost of the Carpenter Road project. The Board is agreeable to considering a revision to the 2003 Road Improvement Program.

CONSIDER AUTHORIZING ADVERTISING FOR SALE OF 1995 CROWN VICTORIA POLICE CRUISER: The Board received a copy of a memo from Lieutenant Edward Tobin that provides specifications for the 1995 Ford Crown Victoria that was used as the K9 vehicle. On a motion by Myers, seconded by Moyer, the Board unanimously authorized the advertising for sale of the 1995 Ford Crown Victoria.

CONSIDER REQUEST WORK SITE WELLNESS FOR THE 4^TH ANNUAL POOCH & PARTNER WALK/RUN ON 5/18/03: The Board reviewed the request. ON a motion by Vigunas, seconded by McSparran the Board unanimously approved the request by Work Site Wellness for the 4th Annual Pooch & Partner Walk/Run to be held on May 18, 2003.

TWO HEARINGS TO COME BEFORE THE BOARD THE BOARD OF FEBRUARY 19, 2003: 1.) REZONING PETITION BY VERSATEK ENTERPRISES; 2.) RITA’S ITALIAN ICES CONDITIONAL USE: The Township Manager explained that the hearings are scheduled for the Board’s February 19, 2003. The Township Manager explained the project location for each of the hearings for the benefit of the Board.

ADJOURNMENT: 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