WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
June 18, 2003

Chairman Bruce Bucher convened the June 18, 2003 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, Michael Vigunas, Roger Moyer, and Joseph McSparran. In attendance were Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Roadmaster Dean Saylor, Township Engineer Charles Hess, Thomas Garrity, Michael Yoder, Tony Chivinski, David Eberly, Matthew Kundrot, and Margaret Concannon.

GUEST RECOGNITION: Thomas Garrity, 37 Heron Road, stated that he is representing the Board of Directors of the Crosswinds Homeowners Association. He explained that the deed restrictions for the Crosswinds development impose limitations on fences that are installed within the development and inquired whether or not the Township could send the Homeowner’s Association copies of approved building permits issued for any fences installed within the development. The Board indicated that the information can be forwarded to the Homeowner’s Association. The Code and Zoning Officer explained that when the Township is made aware of deed restrictions within a development, staff generally inquires whether or not the Homeowner’s Association has approved the proposed work to be done on a specific property. Moyer recommended that the building permit application include a note that applicant’s should contact their Homeowner’s Association (if applicable) before beginning a project. Garrity inquired whether or not the requirement to shovel sidewalks within a specific time could be enforced by the Township. The Code and Zoning Officer explained that sidewalks are required to be cleared of ice and snow within 24 hours after the end of a storm event. He stated that the Police Department should be advised of any sidewalks that have not been cleared and they will enforce the requirement. Garrity stated that this response would also address his next issue pertaining to parking and advised that he will contact the Police Department regarding this issue, also. Garrity inquired if curb markings could be provided 15' from intersections and in front of cluster mailboxes to advise motorists not to park in these areas. The Code and Zoning Officer explained that there are no restrictions against parking in front of mailboxes. The Roadmaster stated that he will review the issue to determine if curb markings can be provided at intersections. Garrity stated that the intersection of Seventh Street and Main Street does not have a road sign. The Board advised that the intersection is located within Lititz Borough and that Township staff can notify Lititz Borough representatives of the issue. Garrity inquired whether or not the Township has restrictions against BB Guns stating that youth within the development are firing BB Guns. Moyer stated that the parents are responsible for the actions of their children. Garrity stated that he will address the issue with the parents of the youth. Garrity inquired if the minutes for this meeting can be provided to the Homeowner’s Association. The Chairman advised that the minutes for Township meetings are posted on the Township’s website after they are approved and can be downloaded from the website.

APPROVAL OF MINUTES: On a motion by Myers, seconded by McSparran, the Board unanimously approved the minutes of the May 7, and May 22, 2003 meetings contingent upon review by the Township Manager.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. On a motion by Moyer, seconded by McSparran, 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 McSparran, seconded by Myers, the Board unanimously approved the payment of bills from the General Fund in the amount of $207,516.90.

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

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during May, 2003. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Public Works Department's May, 2003 report.

POLICE DEPARTMENT REPORT: The Police Chief presented a report that outlines the activities of the Police Department during May, 2003. On a motion by McSparran, seconded by Myers, the Board unanimously approved the Police Chief's May, 2003 report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in May, 2003. He also outlined the cases that were heard at the Zoning Hearing Board’s May 14, 2003 zoning hearing. The Zoning Officer explained that the Township has been granting additional time for property owner’s to cut the grass and high weeds on their properties due to the recent rainy weather. He noted that some property owner’s mow their lawns on weekends and it has been rained for several consecutive weekends. He added that the Township has an ongoing maintenance problem with a property at Branstock Court. He stated that the Township Solicitor issued a notice to the property owners last year and requested authorization for the Township Solicitor to commence legal action against the property owner this year. On a motion by McSparran, seconded by Moyer, the Board voted unanimously to authorize legal action against the Branstock Court property owner as recommended by the Code and Zoning Officer. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the Zoning Officer’s May, 2003 report.

COMMUNICATIONS: The Board received a copy of the minutes from the June 3, 2003 Lititz Borough Planning Commission meeting.

The Board received an invitation to attend the ELA Group, Inc. golf outing on Friday, August 22, 2003 at the Hawk Valley Golf Course.

CONSIDER THE LANCASTER AIRPORT FINAL LOT ADD-ON AND SUBDIVISION PLAN, PREPARED BY DELTA CONSULTANTS, INC., DATED 1/10/03: Matthew Kundrot, representing Delta Airport Consultants, Inc., provided copies of the proposed plan to the Board. He explained that the Sketch Plan for the project was presented to the Board at their November 6, 2002 meeting. He explained that the plan is relatively unchanged from the previous submittal. He stated that the plan includes relocating portions of Kissel Hill Road, Millport Road, and Stauffer Road within Warwick Township.

Kundrot explained that the Final Lot Add-on and Subdivision plan has received conditional approval by Manheim Township representatives. He noted that Abel Construction was awarded the bid for the project since they were the low-bidder and added that the FAA recently confirmed that they will issue funding for the entire project. Kundrot stated that they anticipate that the construction project will commence within 30 days. Kundrot stated that the only outstanding issue is the Township’s request to establish a $5,000.00 escrow fund for the Township Engineer’s costs to oversee the project. He explained that the Airport Authority would prefer that the Township invoice the Authority directly rather than requiring an Escrow account that would need to be tracked separately. He noted that the fees for this item have been budgeted as part of the project.

The Township Engineer explained that he has reviewed the Road Relocation Agreement and is agreeable to the document as written. He added that the Township Solicitor has also reviewed the document. Attorney Margaret Concannon, representing Russell, Krafft and Gruber, stated that she represents the Lancaster Airport and has been working with the Township Solicitor on the draft document and received a revised draft from the Township Solicitor with editorial corrections. She noted that she is agreeable to the corrections to the document and added that she is also agreeable to a condition on the approval that prior to breaking ground in Warwick Township the document must be signed and recorded. She noted that two adjoining land owners would need to also sign the agreement. Moyer inquired when the fill area behind the Airport will be addressed. Kundrot stated that this area would be addressed as part of Phase II of the project and noted that this area will be a grass field. Moyer inquired why a traffic circle is proposed on Millport Road as part of the project. Kundrot explained that as part of their attempt to maintain the construction project within the confines of the airport property, it was difficult to create a "T" intersection and not impact agricultural properties within Warwick Township, therefore, traffic circle was proposed. Vigunas stated that one of the reasons given for the runway extension is that the pavement on the current runway is unable to handle large aircraft and inquired whether or not the runway extension would be constructed of a different material. Kundrot stated that the runway extension would have a similar construction as the existing runway since it is not intended to accommodate large aircraft on a continuous basis. Myers inquired if the road relocation or the runway extension would occur first. Kundrot explained that the road relocation would occur first, then the runway extension project would commence. Kundrot addressed the Township Engineer’s June 11, 2003 comment letter.

The applicant is requesting a Waiver of Section 602.10 pertaining to new street right-of-way and cartway widths. The existing cartway for Stauffer Road is approximately 15'. As part of the roadway realignment for Millport Road/Kissel Hill Road a new connection to Stauffer Road is proposed. The Township Engineer commented that the rural location and limited traffic volume of Stauffer Road does not warrant the construction of the new connection at the required local street standard of 28'. Furthermore, they understand that when the Township improves the entire length of Stauffer Road it will entail widening and resurfacing to provide two 11' wide lanes for a total cartway of 22'. As part of the proposed project, the Airport is proposing to match this planned 22' width. Therefore, they have no objections to the Waiver request to construct Stauffer Road with a minimum width of 22' and the necessary transitions to the existing cartway.

The applicant is requesting a Waiver of Section 221.7 (Stormwater Management Ordinance) pertaining to positive drainage. The Airport is proposing to construct a drainage swale (designated as Channel No. 12) at a slope of 0.6%. The required slope of 1% was established to reduce the potential for constructing swales or channels with low spots or areas that do not drain completely. The Township Engineer commented that positive drainage is required to enable property owners to adequately maintain swales or channels and avoid the possibility of "wet" conditions developing. However, it is certainly possible, although difficult, to grade areas at slopes near 0.5% without causing low spots or a lack of positive drainage. With the amount of construction administration and inspections that will apparently be provided by the Airport during the construction period, they are not as concerned about having Channel No. 12 constructed at a slope of 0.6%. Furthermore, the Airport will be responsible for the periodic and long-term maintenance of the drainage channel. Therefore, they have no objections to granting the Waiver as requested.

On a motion by Moyer, seconded by McSparran, the Board unanimously approved a Waiver of Section 602.10 and a Waiver of Section 221.7 as recommended by the Planning Commission.

On a motion by Moyer, seconded by Myers, the Board unanimously approved the Lancaster Airport Lot Add-on and Subdivision Plan and Road Relocation Agreement contingent upon the Township Engineer’s comment letter being addressed and contingent upon approval by the Township Solicitor and the Township Engineer of the form and content of the Road Relocation Agreement and the recording of that Agreement prior to the initiation of any construction affecting the portions of Kissel Hill and Stauffer Roads located in Warwick Township.

Kundrot noted that during the roadway relocation project, the portion of Millport Road between Kissel Hill Road and Stauffer Road will be closed to traffic. Kissel Hill Road to Millport Road will continue to operate during the construction phase; however, only one lane would be available during this time.

CONSIDER REQUEST FOR REDUCTION OF LETTER OF CREDIT FOR THE BYLER SUBDIVISION PROJECT: 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 $9,356.00 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 Myers, the Board unanimously approved a $9,356.00 reduction in the Letter of Credit for the Byler subdivision project.

CONSIDER REQUEST FOR RELEASE OF THE JOHN AND PATSY HESS LETTER OF CREDIT: 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 the Letter-of-Credit for John and Patsy Hess in its entirety. On a motion by McSparran seconded by Myers, the Board unanimously released the remaining Letter of Credit in the amount of $2,332.00 John and Patsy Hess in its entirety.

CONSIDER THE REQUEST FOR AN EXTENSION OF TIME FOR THE MICHAEL PALASZ LAND DEVELOPMENT PLAN: The Board reviewed the request. On a motion by Myers, seconded by McSparran, the Board unanimously approved an extension of time for th Michael Palasz Land Development Plan.

CONSIDER REQUEST FOR A SEWER MODULE REPLACEMENT WAIVER FOR PROPERTY LOCATED AT 734 WOODCREST AVENUE: The Board reviewed the Waiver. The Code and Zoning Officer explained that there is not sufficient area on the property for a replacement sewer system. He noted that Township staff would require a note in the deed advising future property owners of the issue, and advising that the home is limited to four bedrooms, and no garbage disposal unit would be permitted. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Sewer Module replacement site Waiver for 734 Woodcrest Avenue, contingent upon Township staffs comments being addressed.

INSTALLATION OF DIRECTIONAL SIGN FOR BRUNNERVILLE UNITED LUTHERAN CHURCH ON EAST NEWPORT ROAD: The Board reviewed the request. The Code and Zoning Officer explained that the request is to install a small sign on the Warwick Center sign along East Newport Road. On a motion by McSparran, seconded by Vigunas the Board unanimously approved the installation of a directional sign for the Brunnerville United Lutheran Church, contingent upon the sign meeting Township regulations and Township staff approval.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 7:50 p.m.

Respectfully submitted,

Thomas L. Zorbaugh
Code and Zoning Officer