WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
June 4, 2003

Vice-Chairman W. Logan Myers convened the June 4, 2003 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, Roger Moyer and Joseph McSparran. Bruce Bucher and Michael Vigunas were absent. In attendance were Township Manager Daniel Zimmerman, Township Engineer Charles Hess, Jason Dershem, Todd Stumpf, Tom Matteson, Kevin Varner, Jim Hess, and Mike Garman. Laura Knowles of Lancaster Newspapers represented the press.

COMMUNICATIONS: The Board received an invitation to attend a Transportation Summit being hosted by Representative Roy Baldwin on June 5, 2003. The summit is being held to discuss transportation issues in the Lititz region. The Township Manager stated that he will be attending the meeting.

CONSIDER THE JAMES HESS SKETCH PLAN, PREPARED BY DIEHM & SONS, DATED 3/28/03: Kevin Varner representing Diehm & Sons, stated that the site contains approximately 8.8 acres of R-1 zoned lands situated along the south side of Orchard Road and the west side of Pine Hill Road. The applicants propose to subdivide the tract into 9 single-family lots; 7 of the lots would front along Orchard Road and 2 lots would front along Pine Hill Road. Varner explained that the lots would be served by public water and public sewer.

Varner addressed the Township Engineer’s May 21, 2003 comment letter. He stated that the Planning Commission reviewed the plan and recommended that lot 1 and lot 2, which are proposed along Pine Hill Road, be connected to public sewer and public water services; otherwise, the lots should be eliminated from the plan. Varner explained that these services would need to be extended from one of the lots along Orchard Road in order to serve these lots. He noted that a cost analysis will be performed in order to determine the feasibility of extending public sewer and water to the lots, and whether or not one or both of the lots would remain as part of the Final Plan for the property.  Varner stated that all of the lots meet the lot width requirement; however, due to the odd configuration of the property, they would exceed the lot width to depth ratio. He added that they would need a Waiver of this requirement in order to accommodate the proposal. The Chairman explained that the Planning Commission recommended the use of shared driveways for the lots and inquired whether or not the applicant has considered this recommendation. Varner explained that he discussed the issue with the property owners; however, the issue has not been resolved. He added that if shared driveways are required by the Board, then they would be provided as part of the Final Plan. Myers suggested that the applicant consider providing an alley to the rear of the lots to provide access in order to reduce the number of access points along Orchard Road.

The Township Manager explained that the Planning Commission had no objections to the lot width to depth ratio based on the configuration of the property. The Board is agreeable to the Sketch Plan with the considerations as discussed.

CONSIDER THE KATHRYN & DONALD GROFF SKETCH PLAN, PREPARED BY DIEHM & SONS, DATED 3/28/03: Kevin Varner, representing Diehm & Sons, stated that the applicants own three tracts of R-2 zoned land totaling 5.265 acres situated at the terminus of Hurst Boulevard and on the south side of Main Street in Rothsville. The applicants propose to subdivide the tracts into 16 single-family lots. Currently, 3 dwellings have access from this site through a shared driveway along Main Street. The plan proposes to extend the Hurst Boulevard cul-de-sac. Four of the lots would have frontage along Main Street, and the remaining lots would front along the Hurst Boulevard extension. The plan proposes to eliminate the existing shared driveway along Main Street, and to provide access to all of the lots from Hurst Boulevard. The proposal would require a shared driveway for the 4 lots fronting along Main Street to enter the turn-around of the cul-de-sac. The Township Manager explained that the Planning Commission was agreeable to the proposal. The lots would be served by public water and public sewer. Moyer explained that the Rothsville Fire Company has an underground cistern in this area and inquired where it is located on the property. The Township Engineer explained that the cistern is located in the proximity of lot 6 of the plan. Moyer suggested that its location be illustrated on the plan. Varner stated that the location will be noted on the plan in the future.

Varner addressed the Township Engineer’s May 21, 2003 comment letter. The Board recommended that the homes on the lots that front along Main Street face toward Main Street in order to maintain the streetscape.

The Applicant is requesting a Waiver of Section 602.13 pertaining to cul-de-sac length. The applicant’s consultant has requested a Waiver of the requirement that permanent cul-de-sacs be no longer than 600'. The proposed extension of Hurst Boulevard is indicated as 720'. The Township Engineer commented that based on the justifications presented within the request letter and the relatively minor increased length of the cul-de-sac, they have no objections to granting the Waiver. Therefore, at the Township’s discretion, action should be rendered on the Waiver request. On a motion by McSparran, seconded by Moyer, the Board unanimously approved a Waiver of Section 602.13.

On a motion by Moyer, seconded by McSparran the Board gave a favorable review of the Sketch Plan contingent upon the Township Engineer’s comments being addressed, upon the Rothsville Fire Department’s cistern being illustrated on the plan, and upon sidewalks being provided for the lots.

ACKNOWLEDGE NO ACTION ON THE WEAVER AND ROHRER’S QUARRY LOT ADD-ON PLAN: The Township Manager explained that only 2.2 acres of the resultant 104.5 acre quarry tract lot are within Warwick Township. The 25.729 add-on Parcel "A" is located on the north side of Lititz Road entirely within Penn Township. The Applicant (Diehm & Sons Surveyors) is requesting deferment of the plan approvals to Penn Township. On a motion by McSparran, seconded by Moyer, the Board voted unanimously to defer the plan approvals to Penn Township.

CONSIDER THE REQUEST FOR EXTENSION OF TIME TO RECORD THE VERNON MARTIN SUBDIVISION PLAN: The Board reviewed the request. On a motion by Moyer, seconded by McSparran, the Board unanimously approved a 60-day extension of time to record the Vernon Martin subdivision plan.

CONSIDER THE GARMAN/BOLL LOT ADD-ON PLAN, PREPARED BY DIEHM& SONS, DATED 3/27/03: Kevin Varner, representing Diehm & Sons, explained that the plan proposes to convey an approximate 1.398 acre tract from a 2.341 acre parcel (identified as Lot 4) located on the east side of Pine Hill Road to a 12.4 acre parcel (identified as Lot 3) owned by Garman. The resultant Lot 4 would contain approximately .97 acres, and the resultant Lot 3 would contain 13.802 acres.  Varner explained that the previous plan for the tract was approved approximately three years ago. At that time, a Sketch Plan was presented that illustrates the development potential of the entire tract. Varner noted that the lot add-on would increase the development potential of the larger tract; however, the property owner does not currently have plans to further develop the property. The property would be served by public sewer and public water. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Garman/Boll Lot Add-on Plan contingent upon the Township Engineer’s May 13, 2003 comment letter being addressed, upon execution of the dedication certificate, upon the Applicant posting a $1,000.00 escrow for street restoration, and upon the recording of new deeds for both tracts.

CONSIDER THE RITA’S ITALIAN ICES FINAL PLAN, PREPARED BY RETTEW ASSOCIATES, DATED 3/27/03: Tom Matteson, representing Rettew Associates, stated that the proposal received Conditional Use approval on March 6, 2003 and noted that the Conditions of the approval are included on Sheet 1 of the Final Plan. He addressed the May 21, 2003 comment letter. Matteson explained that a 4" high raised traffic calming device will be provided along Access Drive "C" as part of the proposal.

The applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan submittal. The Township Engineer commented that it would appear this project would qualify for Waiver of the Preliminary Plan requirements and they have no objections to granting the Waiver. On a motion by Moyer, seconded by McSparran, the Board unanimously approved a Waiver of Section 301.3.

On a motion by Moyer, seconded by McSparran, The Boar unanimously approved the Rita’s Italian Ices Final Plan contingent upon execution of the Ownership/Offer of Dedication Certificate, upon receipt of all applicable agreements (and recording of required agreements) subject to Township staff, Township Engineer, and Township Solicitor’s review and approval, and upon receipt of an approval letter from the Lancaster County Conservation District.

CONSIDER THE REQUEST FOR AN EXTENSION OF TIME FOR THE CONDITIONAL USE FOR DOGWOOD VALLEY, PHASE 3: The Board reviewed the request. On a motion by McSparran, seconded by Moyer, the Board unanimously approved a one-year extension of time for the Conditional Use approval for Dogwood Valley, Phase 3, and a twenty-four month extension of time to complete the construction of the dwellings.

CONSIDER REQUEST FOR A RELEASE OF THE ESCROW FOR CLETUS & BARBARA BUCHER: The Township Manager explained that the funds were for the installation of sanitary sewer for the property and added that the work has been completed to the satisfaction of the Road Superintendent and the Municipal Authority. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to release the $4,510.00 Escrow in its entirety for Cletus & Barbara Bucher.

CONFIRM AUTHORIZATION OF TDRs FOR THE HIGHLANDS PROFESSIONAL OFFICES. AUTHORIZE TRANSFER OF LANCASTER FARMLAND TRUST TDRs TO THE HIGHLANDS PROJECT: The Township Manager explained that if the Board is agreeable to the proposal, settlement will occur on June 5, 2003. On a motion by McSparran, seconded by Moyer, the Board voted unanimously to ratify and confirm the acceptance of the bid of Buckhill Farm for the purchase of ten (10) Transferable Development Rights ("TDRs") for a purchase price of $27,510.00 and that the TDRs be permanently attached to the Buckhill Farm property which is to be developed as the Highlands Professional Offices located on the east side of Highlands Drive and the north side of Peters Road in accordance with the provisions of the Warwick Township Zoning Ordinance. The proper Township officials are hereby authorized and directed to execute, acknowledge, endorse, record, and deliver a Deed of Transferable Development Rights to Buckhill Farm in the form and content presented at this meeting.

On a motion by Moyer, seconded by McSparran, the Board voted unanimously that the proper officials are hereby authorized to endorse a Deed of Transferable Development Rights from Lancaster Farmland Trust to Buckhill Farm for ten (10) Transferable Development Rights to be utilized in connection with the Highlands Professional Offices Project subject to the approval of the form and content of the Deed of Transferable Development Rights by the Township Solicitor.

APPROVE THE PURCHASE OF TDRs BY LANCASTER FARMLAND TRUST FOR THE HERMA AND JOHN LOSENSKY PROPERTY: The Board reviewed the draft copies of the TDR documents for the property. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to endorse the purchase of 9 TDRs by the Lancaster Farmland Trust for the Herma and John Losensky property located along East Lexington Road.

CONSIDER LETTER OF SUPPORT IN COOPERATION WITH ELIZABETH TOWNSHIP ON DESIGNATION OF THE HAMMER CREEK: The Township Manager explained that representatives of Elizabeth Township received a letter from the Chairman of the Heidelberg Township Board of Supervisors advising that they have requested the PA Department of Environmental Protection to perform a formal stream assessment to determine if Hammer Creek is a High Quality Stream. Heidelberg Township’s intent is to provide public sewer facilities for the Village of Schaefferstown and to construct a new sewer plant to discharge the effluent into the Hammer Creek. The Township Manager explained that Elizabeth Township representatives are concerned since the portion of Hammer Creek that extends through the game lands in Elizabeth Township is a High Quality Stream, which would be adversely impacted if the discharge occurs. He explained that Elizabeth Township representatives have filed an environmental review suit against the proposal. He stated that since the Hammer Creek borders Warwick Township he discussed the proposal with Matt Kofroth, Watershed Specialist with the Lancaster County Conservation District. Kofroth recommended that the Township also oppose the redesignation of Hammer Creek since other options are available. Moyer inquired what are the other options. The Township Manager explained that provisions could be made to connect to the Lebanon City sewer line. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to issue a letter of support to Elizabeth Township to oppose the redesignation of the Hammer Creek.

CONTINUE REVIEW OF THE DRAFT OF THE CABLE FRANCHISE AGREEMENT: The Township Manager explained that the draft being reviewed this evening is the same draft that was previously provided to the Board members. He stated that he spoke with Attorney Cohen to discuss the Agreement and he was advised by the Attorney that the draft Agreement addresses the priorities established by the three municipalities (Warwick Township, Ephrata Township, and Ephrata Borough). The Township Manager explained that the current Cable Franchise Agreement expired on May 31, 2003 and recommended that the Board consider extending the term of the current Agreement since negotiations on the current draft are not scheduled to begin until July, 2003. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to extend the current Cable Franchise Agreement to December 31, 2003.

The Board briefly discussed the draft Agreement. On a motion by Moyer, seconded by McSparran, the Board unanimously authorized the Township Manager to continue the cable negotiations based on the draft Cable Franchise Agreement.

CONSIDER AUTHORIZING AUDIT FOR LRWA: The Township Manager recommended that the Board members consider eliminating the $25,000.00 rotating fund currently maintained by the Township for the Lititz Run Watershed Alliance since grant funds are now paid directly to the Organization. Instead, the Township could provide a direct contribution of the fee for preparing the IRS form 990 "Return of Organization Exempt from Income Tax" for the year ended December 31, 2002, and December 31, 2003 for a combined fee of $700.00. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to contribute $700.00 for the preparation of form 990 for the Lititz Run Watershed Alliance for the year ended December 31, 2002 and December 31, 2003 by Sager, Swisher and Company.

DISCUSSION ON WTMA SEWER BOND ISSUE: The Township Manager advised that the Municipal Authority is considering refinancing the sewer bond issue to take advantage of lower bond rates and since they recently negotiated the purchase of an additional 200,000 gallons of capacity at the Lititz Sewer Plant. The Board briefly discussed the proposal.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager explained that the Township was awarded a $7,500.00 grant from the PA Department of Conservation and Natural Resources for a peer-to-peer project to study the formation of a Regional Park and Recreation Agency.

The Township Manager explained that the Township has supported PSATS in its legal efforts in the case involving the Federal Communications Commission and Townships’ authority to regulate internet services which are provided by cable television companies using facilities located in Township rights of way. The Board received a letter from the Executive Director of PSATS indicating that all prior contributions made by participating townships and PSATS have been expended in support of the litigation, totaling $53,500.00. Oral argument for the case is scheduled for May 8, 2003 and legal counsel has advised that it is in the townships’ interest to be represented at oral argument. The estimated additional cost of the representation is $10,000.00 and Warwick Township’s share would be $280.00. On a motion by Moyer, seconded by McSparran, the Board unanimously authorized the additional expense of $280.00.

Township Engineer Charles Hess introduced Jason Dershum, Civil Engineer at ELA Group, Inc. who will be assisting in their services to Warwick Township.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:13 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager