WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
February 19, 2003

Chairman Bruce Bucher convened the February 19, 2003 regular meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, and Michael Vigunas. Roger Moyer and Joseph McSparran were was absent. In attendance were Township Manager Daniel Zimmerman, Police Chief Richard Garipoli, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Tom Matteson, Todd Stumpf and Jim Wenger. Laura Knowles of Lancaster Newspapers represented the press.

The Chairman explained the procedure to be followed for this evening’s hearings. The Township Manager confirmed that the advertisement and posting of this evenings hearing.

Tom Matteson, representing Rettew Associates, was sworn in. He explained that the plan proposes to co-locate a fast food restaurant (Rita’s Italian Ice) on the same lot containing the recently constructed Wendy’s restaurant on lot 4 of the Shoppes at Kissel Village. The proposal is to construct an additional fast food restaurant, 21 parking spaces and to relocate the existing dumpster and enclosure within the Wendy’s parking lot. The restaurant will have walk-up service with outside seating. He explained that the building would be approximately 1,000 square feet in size. Matteson explained that the current traffic circulation should not be altered by the proposal. He described the pedestrian access to the site for the benefit of the Board. Matteson explained that the existing basin would accommodate the proposal. The site would be served by public water and public water.

He stated that the restaurant is a seasonal business (mid-March to mid-October). The hours of operation during the Spring and Fall would be noon until 9:00 p.m. and the hours of operation during the Summer would be 11:00 a.m. until 10:00 p.m.

He noted that Rita’s peak operating hours are 7:00 p.m. to 10:00 p.m. which is different than Wendy’s peak hours which are generally 5:00 p.m. to 7:00 p.m. Matteson noted that the street trees would not be affected by the proposal.

Matteson explained that the Zoning Ordinance only permits a second use on a property if they can be designed to meet the requirements of the Zoning Ordinance as if the uses were on separate lots. Matteson submitted a drawing illustrating a lot line that would allow both uses if the lot were subdivided. The Township Manager provided a copy of the Township Solicitor’s review of the application.

Matteson addressed the Township Engineer’s February 12, 2003 comment letter. Matteson stated that the parking areas would be independently designated and added that although the plan proposes 21 parking spaces for Rita’s. He explained that based on other Rita’s locations, their peak traffic count is approximately twelve vehicles per hour. He noted that the Ordinance would only require 13 parking spaces for the facility. The facility would employ a maximum of 5 individuals per shift. The proposal would provide outdoor seating via 5 benches (no tables). The Board briefly discussed the parking layout for the proposal. Bucher expressed concern that access drive "C" is being used as a short-cut for Blockbuster. Matteson stated that he is unsure how it could be addressed whether or not Rita’s is added to the lot. Bucher stated that speed bumps could be installed to control traffic. He explained that if access drive "B" is designated as two-way as part of the project, the issue could create a potential traffic hazard. Vigunas concurred with Bucher’s statement and added that if the access drive is ever extended to the Stauffers of Kissel Hill property, the roadway could experience a significant increase in traffic. Matteson explained that the condition currently exists on the Wendy’s property and stated that the access drive designation could be eliminated from the existing access drive "C" and convert it to a parking lot.

The Township Manager explained that the Planning Commission discussed the proposed architectural style for the proposed restaurant. Matteson submitted a rendering of the proposed architectural style of the Rita’s as exhibits to the Conditional Use hearing. Matteson explained that in accordance with the Ordinance, the restaurant would be permitted to have a 56 square feet sign. He stated that the developer would like to use 3 approximate 14 square feet "dome" signs on the building that would total only 42 square feet rather than one large sign. Matteson stated that the free standing sign would meet the architectural style as required by the Conditional Use decision.

Todd Stumpf, representing CTD Ices, Inc., was sworn in. Stumpf testified that the hours of operation of their East Lampeter Township location are identical to what is being proposed at this location. The Township Manager explained that Wendy’s hours are longer than the proposed Rita’s; however, their services are provided inside the building. Vigunas inquired what type of lighting is proposed at the facility. Matteson explained that the front of the store and the seating area would be lighted brightly; however, the lighting would be directed toward these facilities so they would not glare onto the roadway. The Board indicated that they are favorable to the proposed architecture and the proposed signage modification. Matteson explained that the Ordinance requires fencing around outside seating areas; however, since the proposal is for benches only, the Zoning Officer provided a determination that fencing would not be required. Matteson explained that "no stopping or standing" signs would be installed on some of the existing signs in this area.

Myers expressed concern that motorists traveling along access drive "C" would be required to travel around the Wendy’s in order to access the Rita’s location. Matteson explained that the number of parking spaces could accommodate both sites. Myers also expressed concern over the proximity of the two western parking spaces toward Peters Road that cause a potential traffic conflict. Matteson explained that the parking spaces could be eliminated and the proposal could still meet the zoning requirements. Bucher suggested that a raised crosswalk be provided that could also act as a speed bump.

The Chairman inquired whether or not anyone present wishes to comment on the case. No one present indicated their desire to comment on the case. The Township Manager clarified that the site plan has been entered as Exhibit 1 and the architectural rendering of the building and signs will be entered as Exhibit 2 for the hearing. On a motion by Myers, seconded by Vigunas, the Board voted unanimously to close the public hearing on the Conditional Use Application from CTD Ices, Inc. and directed the Township Secretary to make all items presented during the public hearing become part of the public record for the hearing.

PUBLIC HEARING TO CONSIDER REVISING THE ZONING CLASSIFICATION OF A TRACT OF LAND CONTAINING 0.8431 ACRES, MORE OR LESS, SITUATED SOUTH OF FRONT STREET EXTENDED AND EAST OF NORTH OAK STREET, ADJACENT TO LITITZ BOROUGH, FROM ITS PRESENT CLASSIFICATION AS R-2 RESIDENTIAL TO INDUSTRIAL I-1.

The Township Manager confirmed that the advertisement and posting of this evenings hearing.

Jim Wenger, representing Derck & Edson, stated that Versatek is moving into the building previously occupied by Yerger Brothers across the street from this site. The tract is located along East Front Street and North Oak Street. Wenger described the proposed layout of the site for the benefit of the Board. The tract straddles the municipal boundary line between Lititz Borough and Warwick Township. Approximately 75% of the tract is located in Lititz Borough and is zoned Industrial. The portion of land within Warwick Township is approximately 85' wide and therefore is undevelopable as currently zoned due to land space restrictions. In addition, the property owner wishes to developer the tract as one use. Wenger explained that the site is currently vacant and the property owner wishes to place a warehouse on the lot. Wenger stated that this lot is zoned R-1 Residential in the Township, and they wish to have the property rezoned to Industrial and to apply for zoning approval. He explained that a double row of evergreen trees would be planted at the rear of the property.

The Township Manager explained that the Planning Commission indicated that the rezoning would be compatible to other uses in this area in Lititz Borough. He added that they also recommended that appropriate landscape buffers be provided along the adjoining residential property, and the Lititz/Warwick Trailway. He noted that primary access to the site would be from North Oak Street. Wenger explained that the site would be accessed by tractor-trailers and described the internal layout of the site for the benefit of the Board. Wenger explained that security lighting would be provided on the site, and noted that the lights would be shielded so that it would not shine onto adjoining properties. Wenger explained that the proposal would also require approval of a Variance of the rear yard setback.

The Chairman inquired whether or not anyone present wishes to comment on the case. No one present indicated their desire to comment on the case.

On a motion by Vigunas, seconded by Myers, the Board unanimously to close the public hearing on the rezoning request by Oakfront Limited Partnership and directed the Township Secretary to make all items presented during the public hearing become part of the public record for the hearing.

APPROVAL OF MINUTES: On a motion by Myers, seconded by Vigunas, the Board unanimously approved the minutes of the January 6, and January 15, 2003 meetings as submitted.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. The Township Manager explained that the Treasurer’s Report is not representative of all funds due to the conversion to a new accounting software package. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the Treasurer’s Report as submitted.

PAYMENT OF BILLS: The Board reviewed the list of bills submitted for payment. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the payment of bills from the General Fund in the amount of $392,993.65.

MANAGER'S REPORT:. The Township Manager provided a status report on the DCNR Recreation Grant for the Technical Study. He explained that the Township is currently in the process of receiving Resolutions of support from the other partners. He stated that he anticipates that the grant will be submitted to DCNR in March, 2003.

The Township Manager provided a status report on several upcoming Ordinance requirements. He provided a draft Ordinance that addresses the Act 30 modifications to the Police Pension Plan which were mandated by the State. He also provided a draft Ordinance to modify the Township’s Stormwater Management Ordinance under State Act 167. The Township Manger explained that the 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 Blue Ridge Cable rejected the initial request by the municipalities to jointly negotiate the franchise agreement. He provided a copy of a letter from the attorney representing the parties (Warwick Township, Ephrata Township and Ephrata Borough) that responds to Blue Ridge Cable’s concerns.

The Township Manager provided a status report on the Township’s recycling efforts. He provided a copy of the Township’s recycling report for the second half of 2002. He explained that the Township’s recycling grant for 2001 (which will be issued in 2003) will be $44,670.00. He explained that the Township’s residential recycling performance has increased over the years and added that the Township will be holding two home composting seminar’s in the fall.

The Township Manager expressed appreciation to the Public Works Department, the Municipal Authority and Police Department for their overall response to the recent snow storm events. The Board also commended the Departments for their efforts. The Township Manager explained that the Township will host a meeting with the Homeowner’s Associations within the Township to discuss snow removal efforts.

The Board unanimously approved the Township Manager's Report.

TAX COLLECTOR'S REPORT: The Board reviewed the January, 2003 Tax Collector's report. On a motion by Myers, seconded by Vigunas, the Board unanimously approved the Tax Collector's January, 2003 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during January, 2003. He provided an update on the Township’s winter maintenance program. The Roadmaster stated that the Township’s policy regarding damaged mailboxes is that the Township offers to reimburse repair costs if the snow plow hits the mailbox, and does not provide a reimbursement if a mailbox is damaged from moving snow. He explained that due to the amount of snow that was plowed, several mailbox posts were actually broken from the moving snow. He explained that if the Board desires, he would like authorization to provide exceptions to the mailbox reimbursement policy as needed. The Board is in agreement to authorize the Roadmaster to provide exceptions to the mailbox reimbursement policy at his discretion. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the Public Works Department's January, 2003 report.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during January, 2003. He provided a summary of the Police Department’s activity during 2002 for the Board’s review and information. The Police Chief explained that the Police Department would like authorization to participate in the Town Watch program. He described the program for the benefit of the Board. On a motion by Myers, seconded by Vigunas, the Board unanimously authorized funding for the Police Department to participate in the Town Watch Program and approved the Police Chief's January, 2003 report.

ZONING OFFICER'S REPORT: The Township Manager presented a report prepared by the Zoning Officer that outlines the Zoning/Building permits issued in January, 2003. He also outlined the cases that were heard at the Zoning Hearing Board’s January 8, 2003 zoning hearing. The Zoning Officer explained that he contacted several municipalities for information on accessory building setbacks, sizing and limitations and provided a summary to the Board. He outlined the information for the benefit of the Board. He noted that the Township’s Zoning Ordinance is similar to the other municipalities in regulating accessory structures. On a motion by Myers, seconded by Vigunas, the Board unanimously approved the Zoning Officer’s January, 2003 report.

COMMUNICATIONS: The Board received a copy of the Lititz Community Center’s Financial Report for the second quarter of the 2002-2003 fiscal year.

The Township Manager explained that the Lancaster County Association of Township Supervisors will hold its spring meeting on Monday March 31, 2003 at the Four Seasons Golf Course facility beginning at 6:00 p.m.

Bucher stated that he received correspondence from Lititz Borough expressing appreciation to the Township’s for its support of the Market Study, and to request the Township’s participation of the Cocalico Creek water study.

CONSIDER RESOLUTION #02-19-03-01 - SUPPORT FOR THE SR 72 CORRIDOR STUDY: The Board reviewed the Resolution. The resolution offers support of the County’s efforts to implement transportation improvements to the SR 72 corridor from Oak Tree north of Manheim Borough to Route 283 South of East Petersburg Borough. The Board received a summary of the January 23, 2003 public open house on the PA 72 Needs Study. On a motion by Myers, seconded by Vigunas, the Board unanimously adopted Resolution #02-19-03-01 to support the SR 72 Corridor Study.

CONTINUED DISCUSSION ON THE WEST WOODS AND HILLCREST AVENUE INTERSECTION: The Township Manager requested the issue to be tabled since Township staff has not had the opportunity to obtain additional information on the proposal due to the recent snow storm events. The Board is in agreement to table the agenda item.

CONSIDER ORDINANCE # 202 REVISING THE ZONING CLASSIFICATION OF A .8431 ACRE TRACT OF LAND FROM R-2 RESIDENTIAL TO INDUSTRIAL I-1: The Chairman explained that the Ordinance is part of the public hearing that was heard earlier at this evening’s meeting. On a motion by Vigunas, seconded by Myers, the Board unanimously adopted Ordinance #202 the Zoning Classification of a .8431 Acre Tract of land from R-2 Residential to Industrial I-1.

CONSIDER RESOLUTION # 02-19-03-03 AUTHORIZING DISTRIBUTION OF THE EMPLOYEE REFERENCE BOOK: The Board reviewed the resolution. The Township Manager provided a draft copy of the Employee Reference Handbook for the Board’s review. On a motion by Vigunas, seconded by Myers, the Board unanimously adopted Resolution #02-19-03-03 authorizing distribution of the Employee Reference Book.

DISCUSSION ON OPTIONS FOR BUILD OUT OF THE SECOND FLOOR OF THE ADMINISTRATION BUILDING: The Township Manager provided a copy of two options for the layout of the second floor of the Administration building. The options provide for additional storage and office space. He explained that Township staff recommends the Board consider Option 2 which would provide additional work space, and a conference room. He outlined the proposal for the benefit of the Board. He noted that the build-out would occur in three phases. He stated that the immediate need is for storage space since the Township has maximized the storage capacity of the two fire-proof vaults. He added that the Township has numerous inactive files that do not need to be stored in the fire-proof structure and additional file cabinets were purchased for the second floor. He explained that he is requesting authorization to proceed with the first phase during 2003. He recommended that the Board also consider adopting a conceptual design for the entire second floor. He stated that the second phase would provide for 5 additional workstations, 1 additional large office, a conference room, restrooms, and improvements to the mechanical room to accommodate the proposal. The third phase would provide for cubicle space, and additional offices. He anticipated that the third phase are would not be needed for approximately 15 years. The overall proposal would provide for 18 additional support staff positions and would maintain the primary access to the building as it currently exists. Vigunas inquired whether or not an elevator would be needed in order to meet ADA requirements. The Township Manager explained that the architectural consultant has indicated that an elevator would not be needed for the proposal since the second floor would not be accessed by the general public. He noted that the first phase is for storage purposes only. He added that elevator access could be provided as part of the proposal, if required. The Township Manager explained that the costs are estimated at $173,160.00 for all three phases of the improvements as described. He added that he does not currently have cost estimates for each phase since he was unsure whether or not the Board would be agreeable to the improvements. The Board is in agreement with Option 2 for the layout of second floor of the Administration building as detailed, and to proceed with Phase 1 of the project during 2003.

DISCUSSION ON SAFETY/MOBILITY IMPROVEMENTS ON THE ROTHSVILLE SECTION OF SR 772: The Township Manager explained that Township staff discussed the traffic congestion that occurs on the SR 772 corridor in the Rothsville area. He detailed the improvements for the benefit of the Board. He explained that the improvements include a flashing advisory warning at North Heck Road, to install "no left turn" signs from 4:00 p.m. to 6:00 p.m. at the intersection of Main Street, Newport Road and Rothsville Road. The proposal also recommends replacing the traffic signal incandescent lamps with LEDs at Rothsville Road and Newport Road and at Main Street, Newport Road and Rothsville Road. The Township Manager explained that preemption devices would be provided for the emergency services vehicles. The improvements include the installation of firehouse warning lights, review potential traffic signal warrants at SR 772 and Church Street, restricting left-turns from 4:00 p.m. to 6:00 p.m. at the intersection of SR 772 and Old Rothsville Road, and the installation of a right-turn overlap signal at SR 772 and Rothsville Road. Bucher recommended that the timing of the westbound signal at the intersection of SR 772 and Rothsville Road should be increased in order to reduce the amount of traffic towards Schaum’s Corner. He also recommended that a right-turn lane be provided at the White Swan intersection to provide additional traffic movement at this location. He noted that the proposal could affect bus movement in this area and would have to be further evaluated. The Township Manager explained that if the Board is agreeable to the proposal, the project would be presented to the Regional Transportation Committee for discussion purposes. In addition, he recommends that the improvements be included in the 2003 Transportation Grant to the County. He stated that he will provide a budget for the project to the Board in the future. The Board indicated their agreement to the proposal.

CONSIDER PROJECTS FOR THE 2003 LANCASTER MUNICIPAL TRANSPORTATION GRANT: The Township Manager explained that if the Board is agreeable to the proposed improvements to the SR 772 corridor as discussed this evening, he would like authorization to submit an application for the improvements for the 2003 Lancaster Municipal Transportation Grant program. On a motion by Vigunas, seconded by Myers, the Board unanimously authorized submittal of a transportation grant application to the County for improvements to the SR 772 corridor.

CONSIDER PACKAGE FOR PURCHASE OF A NEW BACKHOE: The Roadmaster explained that the Municipal Authority is the sole owner/purchaser of the current backhoe; however, the Public Works Department is the heaviest user. The Township Manager explained that the Township anticipates a trade-in value of approximately $18,000.00 for the existing backhoe. The Public Works Department and Municipal Authority employees operated demonstration models from three different suppliers (John Deere, Caterpillar and Case). The recommendation of both of the Departments is for the purchase of the Caterpillar 420 D for the bid price of $65,500.00. On a motion by Vigunas, seconded by Myers, the Board unanimously authorized the purchase of a Caterpillar 420 D backhoe and to sell the John Deere backhoe.

CONSIDER RESOLUTION #02-19-03-02 - APPLICATION TO LANCASTER INDUSTRIAL DEVELOPMENT AUTHORITY FOR SNAVELY MILL’S EXPANSION: The Board reviewed the Resolution. The Township Manager explained that in order to qualify for County funding, the municipality must be supportive of the project. On a motion by Myers, seconded by Vigunas, the Board unanimously adopted Resolution #02-19-03-02 to support the application to Lancaster Industrial Development Authority for Snavely Mill’s Expansion project.

CONSIDER REQUEST FOR HOLDING THE 2^nd ANNUAL ROTHSVILLE COMMUNITY DAYS EVENT ON SATURDAY, SEPTEMBER 6, 2003: The Board reviewed the request. On a motion by Myers, seconded by Vigunas, the Board unanimously approved the request to hold the 2^nd Annual Rothsville Community days event on Saturday, September 6, 2003.

AUTHORIZE ADVERTISING BIDS FOR FOB ROAD MATERIALS - STONE AND MACADAM: On a motion by Vigunas, seconded by Myers, the Board unanimously authorized advertising bids for FOB road materials.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:52 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager