WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
July 16, 2003

Chairman Bruce Bucher convened the July 16, 2003 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, Michael Vigunas, and Joseph McSparran. Roger Moyer was absent. In attendance were Township Manager Daniel Zimmerman, Code and Zoning Officer Thomas Zorbaugh, Sergeant Richard Groff, Roadmaster Dean Saylor, Township Engineer Charles Hess, Randy Hoover, Jim Wenger, Mike Peterson, and Mark Laudenslager. Laura Knowles of Lancaster Newspapers represented the press.

GUEST RECOGNITION: Mike Peterson, 24 East Grant Street, explained that he is present this evening to discuss the sinkhole that has formed between his property and his neighbor at 22 East Grant Street. He stated that the sinkhole developed several weeks ago over the storm pipe that extends through a swale between the properties. The Township Engineer explained that he and the Code and Zoning Officer were at the property to look at the sinkhole. He provided a copy of the subdivision plan for the development (Brookfield Run) and indicated the location of the sinkhole for the benefit of the Board . He explained that the storm pipe conveys water to the detention basin behind the homes. He stated that the cause of the sinkhole is unknown at this time and added the sinkhole would need to be excavated to determine its cause. He explained that the sinkhole is approximately 3' in diameter and approximately 3'-4' deep. He noted that the sinkhole is located outside of the street right-of-way. The Township Manager stated that the maintenance of stormwater facilities outside of the right-of-way is the responsibility of the lot owner. He explained that the Township is not typically involved in sinkhole mitigation on private property; however, since the development was completed recently (approximately 3 years ago), the Township could consider assisting these property owners. Myers inquired whether or not the developer has been contacted regarding the issue. The Township Manager explained that the developer has not been contacted to date. Peterson stated that he did not contact the developer since he was not aware that he was personally responsible for the maintenance of the stormwater facilities on his property. Peterson stated that there is approximately 5" of sediment in the pipe that could have been caused by the sinkhole. The Chairman stated that Township staff could contact the developer to discuss the issue. The Township Engineer stated that it may be difficult to determine the actual cause of the sinkhole. He noted that the property owners have placed plywood over the sinkhole as a security measure. He added that he will contact the developer to discuss the issue.

Mark Laudenslager, 22 East Grant Street, stated that he is in the process of selling his home and would like to address the issue as soon as possible.

APPROVAL OF MINUTES: On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the minutes of the June 4, and June 18, 2003 meetings as submitted.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. On a motion by Myers, seconded by Vigunas, 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 Vigunas, the Board unanimously approved the payment of bills from the General Fund in the amount of $319,308.56.

MANAGER’S REPORT: The Township Manager provided a status report on several capital projects. He stated that work on the Municipal Authority’s Brunnerville Water Main project began last week and is making good progress. The Public Works Department is aggressively undertaking the West Woods Drive and Hess Lane road improvement projects. This includes the replacement of the culvert on West Woods Drive. The Township Manager explained that all paving of the Buckwood area and the two road projects should be completed during the week of July 18, 2003.

The Township Manager provided a status report on several recreation projects. He stated that the Recreation Advisory Committee anticipates that the dedication of the Forney Field will occur in September.

The Township Manager provided a status report on the Bonfield Recreational Field project. He explained that the project is scheduled to begin at the end of July. The Public Works Department will assist in the installation of the ball fields (i.e., installation of diamondtex, backstops, etc.).

The Township Manager stated that, to date, the Township has not received the Rails-to-Trails grant contract from the PA Department of Conservation and Natural Resources (DCNR). He added that the grant is for a feasibility study for a trail extension between Ephrata Borough and Lititz Borough.

The Township Manager provided a status report on the Recreational Technical Grant. He explained that the first meeting of the study committee is scheduled for July 31, 2003 beginning at 7:00 p.m. at Lititz Borough. He noted that a memo was sent to the committee members advising them of the meeting.

The Township Manager provided a status report on the Lititz Skate Park in Lititz Borough. He explained that Borough representatives requested that the Township participate in the construction of the skate park, which will be relocated to a fenced area near the community pool facility. He provided a copy of the plan for the Board’s review and information. He noted that the Lititz Community Center will oversee use of the Skate Park and added that individuals will need tags to access the facility. The Township Manager stated that the Township’s participation will involve use of equipment and personnel. On a motion by McSparran, seconded by Myers, the Board voted unanimously to assist with the construction of the Lititz Skate Park contingent upon the work schedule being coordinated with the Township’s Public Works Department.

The Township Manager provided a status report on the Newsletter. He stated that the Newsletter will be mailed to residents in the Fall.

The Township Manager provided an update on several Ordinance Revisions. He explained that the first meeting to discuss modifications to the Subdivision and Land Development Ordinance went well. He added that information is being collected for a first draft of the modifications to the document. He explained that the draft of the Stormwater Management Ordinance has been submitted to the PA Department of Environmental Protection (DEP) for review. He noted that to date, no action has been take on the Ordinance to establish a Regional Recreation Advisory Committee.

The Township Manager explained that he has been invited by DCNR to serve on a State-wide committee to implement the Statewide Greenways Plan. He explained that the Committee will meet on four occasions during the Fall, 2003.

The Township Manager explained that the Township, in partnership with Stauffer’s of Kissel Hill and Bomberger’s Store, will host home composting seminars and will distribute backyard composting bins for attendees. He added that the seminars will be held during the first three Saturdays in September.

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

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

POLICE DEPARTMENT REPORT: Sergeant Groff presented a report that outlines the activities of the Police Department during June, 2003. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Police Department’s June, 2003 report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in June, 2003. He noted that there were no applications for the June 11, 2003 zoning meeting; therefore the meeting was canceled. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the Zoning Officer’s June, 2003 report.

EMERGENCY MANAGEMENT COORDINATOR REPORT: The Emergency Management Coordinator provided a report that outlines his activities during the second quarter of 2003. He also provided a report of the activities of the Warwick Emergency Services Alliance since he is now the Administrator of the organization.

COMMUNICATIONS: The Board received a copy of June, 2003 edition of the PSATS News Bulletin.

The Board received information from PSATS regarding a potential increase in the State’s gasoline tax to generate revenue to improve state and local roadways in Pennsylvania.

CONSIDER THE VERSATEK FINAL LAND DEVELOPMENT AND LOT ADD-ON PLAN, PREPARED BY DERCK & EDSON, DATED 3/26/2003: Jim Wenger, representing Derck and Edson, stated that Versatek is proposing to occupy the building previously occupied by Yerger Brothers. He explained that one of the affected lots is bisected by the municipal boundary with Lititz Borough. He explained that the site is currently vacant and the property owner wishes to construct a warehouse on the lot. He stated that the site would be accessed via North Oak Street. He detailed the stormwater management facilities for the site for the benefit of the Board. Wenger added that the portion of the site within Warwick Township was rezoned Industrial by the Board of Supervisors on February 19, 2003, and noted that the portion of the site within Lititz Borough is zoned Industrial. He explained that the proposal received zoning approval on March 12, 2003 to reduce the front and rear yard setback requirements.

The applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan Application. The applicant is requesting a Waiver of the requirement to submit a Preliminary Plan for the development of the site. It is requested that a combined Preliminary/Final Plan submittal be accepted since the plans have been developed in accordance with the Final Plan requirements. The Township Engineer commented that, based purely on the limited portion of the site within Warwick Township, they have no objections to granting the Waiver.

The applicant is requesting a Waiver of Section 405 pertaining to Traffic Impact Study submittal. To address the requirements that a Traffic Impact Study be prepared and submitted for the project, the applicant’s consultant has requested exemption from the requirements citing that "the proposed development will not generate any new traffic, but instead simply displaces it to the opposite side of the street." A Traffic Evaluation was submitted in support of the request.

On a motion by Vigunas, seconded by McSparran, the Board unanimously approved a Waiver of Section 301.3 and a Waiver of Section 405 as requested. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the Versatek Final Land Development and Lot Add-On Plan.

CONSIDER THE SHALE RIDGE FARMS STORMWATER MANAGEMENT PLAN AND WAIVER OF LAND DEVELOPMENT PLAN SUBMITTAL: Randy Hoover, representing TeamAg, Inc, stated that his firm worked with the property owner (Nelson Stoner) to prepare an Erosion & Sedimentation Plan and Stormwater Management Plan for the property. He noted that the property is located along West Lexington Road. The Applicant proposes to increase his dairy herd and construct a free stall dairy barn and manure storage facility. He noted that the property owner intends to submit an application to the Department of Environmental Protection (DEP) for a general NPDES permit for the proposal.

Hoover addressed the Township Engineer’s June 18, 2003 comment letter. Hoover explained that the manure storage facility would be constructed with a high-density polyethylene liner. He added that the facility would have sub-surface drains that would convey manure to a basin, and explained that the basin could retain waste resulting from any leak before it would discharge to the adjacent stream. He explained that the Nutrient Management Plan and Conservation Plan for the farm have been updated and approved as part of this proposal. Hoover explained that manure would be conveyed to a holding tank which is equipped with a solid separator. The solids would be stored in a stacking pad on the east side of the property and the liquid would be conveyed to the manure facility. The Township Manager explained that the proposal meets the appropriate setbacks for the manure storage facility. Hoover explained that he will perform site inspections to confirm that the construction of the facility follows the State’s technical data and will also certify the construction following completion of the facility.

The Applicant is requesting a Waiver of Section 301.3 and Section 301.4 pertaining to Land Development Plan submittal. The Township Engineer commented that based on the agricultural use of the site, and assuming a Conservation Plan will be established for the dairy operation by means of the review/approval process for the Erosion & Sedimentation Control Plan by the Lancaster County Conservation District, they have not reviewed the plan for "strict" conformance with the Stormwater Management Ordinance standards. Consequently, since the Conservation Plan would provide a significant benefit to the current farming operation and in the spirit of cooperation, they recommend approval of the Waiver request.

On a motion by Myers, seconded by Vigunas, the Board unanimously approved a Waiver of Section 301.3 and Section 301.4. On motion by Vigunas, seconded by McSparran, the Board unanimously approved the Shale Ridge Farm Stormwater Management Plan contingent upon the applicant establishing a $500.00 Escrow account for the project.

CONSIDER THE BRANDT/WARWICK TOWNSHIP LOT ADD-ON PLAN: The Township Manager explained that the Board previously reviewed this plan; however, since Brandt was unable to acquire "customer" access from the adjoining property owner, Brandt was unable to finalize/record the plan. The Township Manager explained that the plan this evening proposes to convey an approximate 2,700 square foot tract of land to the Township’s salt shed property. He explained that the purpose of the Lot Add-On is to provide an offset area in order to construct a one-bay addition to the Township’s salt shed. He added that the Township received zoning approval to add another storage bay to the existing salt shed. On a motion by McSparran, seconded by Myers, the Board unanimously approved the Brandt/Warwick Township Lot Add-On Plan.

CONSIDER THE REQUEST FOR RELEASE OF LETTER OF CREDIT FOR THE FOX RUN PHASE III PROJECT: The Board reviewed the request. The Township Engineer commented that based on their recent observation, the outstanding construction issues have been addressed in an acceptable manner. Therefore, they recommend the Township release the remaining $32,453.00 from the Letter of Credit account balance. On a motion by Myers, seconded by McSparran, the Board unanimously approved a release of the remaining Letter of Credit in the amount of $32,453.00 for Fox Run, Phase III.

CONSIDER RELEASE OF THE BENJAMIN STOLTZFUS ESCROW ACCOUNT: The Township Manager stated that the Board previously approved a one-lot subdivision for Benjamin Stoltzfus; however, Stoltzfus sold his property as part of the recently submitted Donald Groff 16-lot subdivision plan. He explained that the Township is holding a Letter of Credit in the amount of $3,371.50 for the completion of the improvements to the Stoltzfus property and added that since the Stoltzfus property has been sold, the Township could release the Letter of Credit. On motion by McSparran, seconded by Myers, the Board unanimously approved a release of the Letter of Credit for the Benjamin Stoltzfus plan in the amount of $3,371.50.

DOGWOOD VALLEY, PHASE II: The Township Manager stated that the developer has eliminated Phase III of the Dogwood Valley project. He explained that under Phase II of the project, the Township included a condition that if Phase III of the project is not constructed, the Dogwood Valley cul-de-sac must be constructed as a permanent cul-de-sac. He stated that he contacted the contractor (B.R. Kreider) to verify that work has been scheduled to complete the construction work. He added that the developer has requested that the Township issue a letter to the potential buyer of the lot at the end of the cul-de-sac that confirms that the lot can be sold. He noted that the buyer is aware that a permanent cul-de-sac will be constructed. On a motion by Myers, seconded by McSparran, the Board unanimously authorized Township Staff to verify the construction of Lot 31 and Lot 32 of the Dogwood Valley, Phase II plan contingent upon the contractor providing written confirmation that a permanent cul-de-sac will be constructed at the end of the Dogwood Valley roadway.

DISCUSSION ON TRAFFIC CALMING DEVICE WITHIN NEWPORT SQUARE: The Township Manager stated that Township Staff met on-site to review the process of the development. He explained that the construction trailers will be relocated behind the existing barn on the property, and added that the final paving of North Oak Street and installation of crosswalks should be completed by the end of the year. In addition, the developer is proposing to relocate the construction entrance for the site. Township Manager explained that Township staff previously discussed the feasibility of constructing a 10' wide "table-top" traffic calming device along North Oak Street at the pedestrian access to the pedestrian trail. The Board is in agreement with the proposal.

RECEIPT OF DCNR GRANT FOR THE EXTENSION OF THE LITITZ/WARWICK TRAILWAY: The Township Manager explained that the Township received a $45,000.00 grant from DCNR for the Lititz/Warwick Trailway extension. The trail will be extended from the existing rails-to-trails to the Riparian Park. The Township Manager noted that the proposal includes the construction of a foot bridge over the stream at the Riparian Park.

CONSIDER DRAFT OF THE CABLE FRANCHISE RENEWAL AGREEMENT WITH BLUE RIDGE CABLE: The Township Manager provided a draft of the Cable Franchise Renewal Agreement for the Board’s review and information. He explained that the first negotiation meeting is scheduled for August 6, 2003. He added that a copy of the Renewal Agreement has been provided to Blue Ridge Communications.

CONSIDER ORDINANCE #204 PROVIDING GUARANTY STATUS TO WTMA FOR REFINANCE OF THE SEWER BOND ISSUE: The Township Manager explained that the funds borrowed for construction of the pumping station in the Campus Industrial zone will be paid back and the Authority will buy-back these bonds which will generate a savings of $570,000.00 due to rate differentials. The Township Manager noted that the Municipal Authority also negotiated an additional 200,000 gallon capacity for sewage at the 1998 rate. On a motion by McSparran, seconded by Myers, the Board voted via a roll call to unanimously adopt Ordinance #204 and authorized the Chairman of the Board to execute the associated documentation.

DISCUSSION ON INTERSECTION OF PETERS ROAD AND HIGHLANDS DRIVE: The Township Manager explained that PennDOT has refused to issue a traffic signal permit for the intersection of Peters Road and Highlands Drive and since they do not accept projected traffic volumes for traffic signals, and the current traffic volume does not warrant a traffic signal. He noted that they have approved traffic signal permits for the intersection of Woodcrest Avenue and Millport Road and the intersection of Millport Road and Highlands Drive. The Township Manager suggested that the Township go on record expressing concern over the refusal. He added that PennDOT has approved the installation of conduit, footers, etc. associated with the traffic signal; however, they have not approved the actual installation of the traffic standards. The Township Engineer noted that PennDOT does not consider projected traffic volumes and will only accept current traffic counts to warrant a traffic signal. The Township Manager stated that Township staff recommended that Lancaster HMA go on record with a written notification expressing concern over PennDOT’s refusal to issue a traffic signal permit. He added that Township Staff met on-site with PennDOT representatives to discuss the proposal. The Board is in agreement to issue written notification to PennDOT on behalf of Warwick Township to express concern over their refusal to approve a traffic signal permit at the intersection of Peters Road and Highlands Drive and send a copy of the letter to Representative Baldwin and Senator Wenger with a personal note requesting their support for the traffic signal.

CONSIDER REQUEST FOR THE 26TH ANNUAL LITITZ PRETZEL TWIST: The Board reviewed the request to hold the 25^th Annual Lititz Pretzel Twist on September 20, 2003 beginning at 8:30 a.m. On a motion by McSparran, seconded by Myers, the Board unanimously approved the request to hold the 26^th Annual Lititz Pretzel Twist on September 20, 2003 contingent upon a Certificate of Insurance being submitted for the event, and upon the event being coordinated with the Fire Police.

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