WARWICK TOWNSHIP BOARD OF SUPERVISORS MINUTES
August 20, 2003

Vice-Chairman W. Logan Myers convened the August 20, 2003 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, Michael Vigunas, Roger Moyer and Joseph McSparran. Bruce Bucher was absent. In attendance were Township Manager Daniel Zimmerman, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, Kevin Varner and Kenneth Kase. Laura Knowles of Lancaster Newspapers represented the press.

The Vice-Chairman explained the procedures to be followed for this evening’s hearing. The Township Manager was sworn in. He confirmed the posting and proof of publication for this evening’s hearing.

Kevin Varner, representing Diehm & Sons, and Kenneth Kase were sworn in. Varner provided a Sketch Plan of the property for the Board’s review. He explained that the property is located on the east side of Brunnerville Road, south of Snavely Mill Road. The tract currently contains approximately 7 acres and the applicant wishes to subdivide an approximate 2 acre parcel to be conveyed to his daughter and son-in-law. Varner explained that both tracts have been perced and probed for on-lot sewage. He noted that a groundwater resource evaluation will be submitted with the formal subdivision plan for the property. Varner addressed the Township Engineer’s July 16, 2003 comment letter. He explained that the lot is located along a state road and a PennDOT permit will be required for the driveway. Varner stated that a conservation easement has been proposed on lot 2 to protect the mature vegetation at the rear of the lot. Moyer inquired whether or not the side lot line could be extended to eliminate the odd configuration of lot 1. Varner explained that the proposal would exceed the two acre maximum requirement for single-family lots in the Agricultural zone. In addition, if the width of lot 2 is reduced, it would not meet applicable setback requirements. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to close the public hearing and directed the Township Manager to make all items presented during the public hearing be a part of the minutes.

APPROVAL OF MINUTES: On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the minutes of the July 16, 2003 meeting as submitted.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. On a motion by Moyer, 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 Moyer, the Board unanimously approved the payment of bills from the General Fund in the amount of $390,249.94.

MANAGER’S REPORT: The Township Manager provided a status report on several capital projects. He explained that the Municipal Authority has completed the Brunnerville water main extension project ahead of schedule and noted that the project will be closed-out this week. The Township Manager stated that the Public Works Department has completed roadway improvements to Hess Lane and West Woods Drive with the exception of final restoration. The Department is currently working on East Newport Road between the White Swan Hotel and Rothsville Station Road.

The Township Manager provided a status report on several recreation projects. He explained that the dedication of Forney Field has not been scheduled yet. He stated that Abel Construction has begun the Bonfield Recreation Field project. He noted that seeding could taking place in mid-September and added that the Public Works Department will be involved at the end of the project installing the ball fields. The Township Manager explained that the Township is waiting to receive the contract from the PA Department of Conservation and Natural Resources (DCNR) for the Rails-to-Trails grant. He noted that the contract will need to be executed by the Township.

The Township Manager provided a status report on the Township’s Newsletter. He explained that publication of the newsletter is scheduled for September or October of this year. He added that articles are for the newsletter are currently being drafted.

The Township Manager provided a status report on several Ordinance revisions. He explained that the first committee meeting to discuss revisions to the Subdivision and Land Development Ordinance went well and a draft document has been started. The revisions to the Stormwater Management Ordinance have been submitted to the PA Department of Environmental Protection (DEP) for review. He added that no action has been taken on the an Ordinance to establish the Recreation Advisory Committee, to date.

The Township Manager provided a status report on the Conestoga River Watershed Study. He provided copies of a new proposal to start the Conestoga River Watershed Study. He noted that this study will impact a major portion of the Township.

The Township Manager provided a status report on the Lancaster County update to the Growth Management Plan. He explained that the Lancaster County Planning Commission has started the process of updating the Growth Management Plan for the County. He noted that this is significant because of the Townships efforts to implement a comprehensive growth strategy. He provided an outline of the report for the Board’s review and information.

The Township Manger stated that residents had attended a Board meeting several months ago to express concern over the posted speed limit along East Newport Road. He explained that the Township conducted a speed study and determined that the posted speed limit of 45 m.p.h. was appropriate for this section of roadway. In addition, the Township Engineer conducted an analysis of the speed limit along the entire length of East Newport Road and noted that the posted speed limit along the roadway is appropriate for each section that was studied. He added that the final report will be presented to the Board in September.

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

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

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

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in July, 2003. He also outlined the cases that were heard at the Zoning Hearing Board’s July 9, 2003 zoning hearing.

The Zoning Officer explained that a joint meeting with Lititz Borough and Elizabeth Township will be held in September to discuss building codes. He noted that the Township’s existing building codes will need to be updated in the future. The Township Manager explained that several property maintenance issues will also be reviewed and discussed (i.e. trailers, weeds, etc.).

On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the Zoning Officer’s July, 2003 report.

COMMUNICATIONS: The Board received a letter from the Township Solicitor pertaining to reimbursement of legal fees by developers. The Township Solicitor recommends that the Township consider revising its fee resolution. The Board is in agreement that the Township Solicitor prepare a draft fee resolution for the Board’s review.

The Board received a copy of the Lititz Community Center’s year-end financial statement.

The Board received a letter from the Rothsville Fire Company advising that their annual Halloween Parade will be held on Friday, October 24, 2003 and requesting authorization to close Route 772 in Rothsville on the day of the event. On a motion by McSparran, seconded by Vigunas, the Board unanimously approved the request by Rothsville Fire Company to hold their Halloween Parade on October 24, 2003.

The Board received a report from the Rothsville Fire Company outlining their activities during July, 2003.

The Board received a copy of a letter from the Lancaster Drug Task Force outlining their activities during the second quarter of 2003.

The Board received notification from Agricultural, Environmental & Technical Consulting advising that Rohrer Farms in Penn Township has applied for a NPDES permit for a Concentrated Animal Feed Operation.

CONSIDER THE GRUBE/GARNER LOT ADD-ON PLAN, PREPARED BY DIEHM & SONS, DATED 7/1/2003: Kevin Varner, representing Diehm & Sons, explained that the plan involves three tracts of land located on the north side of East Lexington Road comprising a total of approximately 1.5 acres. The plan proposes to consolidate the three tracts into two lots by subdividing an approximate .47 acre parcel owned by "Grube" into two parcels. One of the parcels (containing 12,765 square feet) will be added to the adjacent property also owned by "Grube" and the other parcel (containing 7,645 square feet) will be added to the adjacent property, which is owned by "Garner". Varner noted that no construction is proposed as part of the plan.

Varner addressed the Township Engineer’s July 16, 2003 comment letter. The Township Engineer commented that there is currently a 24" CMP storm pipe extending along the northern side of the existing "Grube" property. A drainage easement should be shown on the plan and created on the "Grube" property to protect and preserve this stormwater conveyance facility. The Township Engineer noted that it appears the required minimum easement width of 10' can not be provided due to the location of the existing dwelling which encroaches into the required side yard setback. Consequently, perhaps only a 5' wide easement should be created and shown on the plan. Varner noted that a 5' wide easement has been illustrated on the plan. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Grube/Garner Lot Add-on Plan contingent upon execution of the Ownership/Officer of Dedication Certificate, and upon recording of revised deeds for the two resultant lots.

CONSIDER THE ROMAN & KATHRYN MUSSER FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS DATED 5/7/2003: Kevin Varner, representing Diehm & Sons, explained that the site is located on the west side of Skyview Lane and contains approximately 11.4 of Rural Estate zoned lands. The plan proposes to subdivide an approximate 1.253 acre single family building lot for the property owner’s daughter and son-in-law. Varner explained that the existing home and barn would be located on the remaining 10.174 acres of land. He noted that the proposal has been approved by the Lancaster County Conservation District and the PA Department of Environmental Protection (DEP). Varner indicated the location of the on-lot sewage systems for the Board’s review.

Varner addressed the Township Engineer’s July 16, 2003 comment letter. Varner explained that an infiltration facility is proposed as part of the Best Management Practices (BMPs) for the plan. The infiltration facility will address stormwater runoff from the roof of the proposed dwelling on Lot 3.

The applicant is requesting a Waiver of Section 602.10.C pertaining to roadway improvements. The Township Engineer commented that in order to address the requirements for roadway frontage improvements, the applicant’s consultant previously submitted an "Opinion of Probable Cost" to establish the amount for a fee in-lieu-of actually constructing the necessary improvements. Based on the justifications cited in the request letter, the Township Engineer recommends approval of the Waiver contingent upon payment of the fee by the applicant as part of the Final Plan approval. On a motion by Moyer, seconded by Vigunas, the Board unanimously approved a Waiver of Section 602.10.C contingent upon the Township Engineer’s comments being addressed.

The Township Manager explained that the plan does not eliminate the future development of the remaining lands. Varner provided a Sketch Plan illustrating the future development potential of the remaining lands for the Board’s review and information.

On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Roman & Kathryn Musser Final Plan contingent upon execution of the Ownership/Offer of Dedication, and upon recording of the Stormwater Management Agreement.

CONSIDER THE REQUEST BY FREDERICK & GRACE HIGH FOR RELEASE OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observation, it appears that all the site improvements associated with the construction of the new dwelling have been completed. Therefore, they recommend the Township release the current Letter-of-Credit in the amount of $4,914.25 in its entirety. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to release the Frederick & Grace High Letter of Credit in its entirety.

CONSIDER REQUEST BY DOUGLAS ENCK FOR RELEASE OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observation, it appears that all the site improvements associated with the construction of the new dwelling have been completed. Therefore, they recommend the Township release the current Letter-of-Credit in the amount of $3,118.50 in its entirety. On a motion by Vigunas, seconded by McSparran, the Board voted unanimously to release the Douglas Enck Letter of Credit in its entirety.

CONSIDER MUNICIPAL AND CITIZEN APPLICANTS INTO THE 2004 CDBG PROGRAM: The Township Manager explained that Craig Kimmel, who serves on the Planning Commission, and Ronald Hershey have both agreed to be reappointed to serve on the Regional Advisory Council. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to appoint Craig Kimmel as Municipal Representative, and Ronald Hershey as Citizen Representative to the Fiscal Year 2004 Regional Advisory Council.

DISCUSSION ON THE CABLE FRANCHISE AGREEMENT NEGOTIATIONS: The Township Manager provided an update on the Franchise Agreement negotiations as submitted by Attorney Cohen. He explained that following the first meeting, the parties have reviewed approximately half of the proposed Agreement. He provided a brief background on the discussions.

CONSIDER BIDS RECEIVED FOR THE SALE OF A RETIRED POLICE CRUISER: The Board reviewed the bids submitted for the purchase of the police cruiser. On a motion by McSparran, seconded by Vigunas, the Board voted unanimously to accept the bid from Government Cars Distribution Center, Inc. in the amount of $2,880.00 for the purchase of the police cruiser.

CONSIDER AUTHORIZING EXECUTION OF THE LANCASTER COUNTY TRANSPORTATION GRANT AGREEMENT FOR THE ROTHSVILLE CORRIDOR: The Board reviewed the Agreement. The Township Manager explained that the grant will provide for the continuation of the improvements to the Rothsville corridor. He noted that the improvements include a traffic signal at the intersection of Church Street and Route 772, an emergency advisory signal in front of the Rothsville Fire Company, LED preemption devices and fiber connection of three traffic signals along the corridor. On a motion by Moyer, seconded by McSparran, the Board unanimously authorized execution of the Lancaster County Transportation Grant Agreement.

CONSIDER THE PEER TO PEER TECHNICAL CONTRACT AGREEMENT FOR THE WARWICK REGIONAL RECREATION STUDY: The Township Manager explained that the PA Department of Conservation and Natural Resources has revised the Agreement and requested that the Board table action on the Agreement at this time. The Board is in agreement to table action on the Agreement.

CONSIDER RESOLUTION #08-20-03-01 REQUESTING THAT THE LITITZ RUN WATERSHED STUDY BE PLACED ON THE PENNSYLVANIA RIVERS CONSERVATION REGISTRY: The Board reviewed the Resolution. The Resolution would support the Lititz Run Creek Watershed Conservation Management Plan and listing the Lititz Run Creek Watershed and its tributaries on the Pennsylvania Rivers Registry. On a motion by Moyer, seconded by Vigunas, the Board voted unanimously to adopt Resolution #08-20-03-01.

CONSIDER PENNDOT WINTER MAINTENANCE AGREEMENT: The Township Manager explained that the Township accepted winter maintenance responsibilities for Brunnerville Road and Lincoln Road last year. He advised that Woodcrest Avenue is currently maintained by PennDOT; however, it is not a high priority roadway for them for winter maintenance. He recommended that since Woodcrest Avenue has a higher traffic volume than Brunnerville Road and Lincoln Road, the Board consider accepting winter maintenance responsibilities for Woodcrest Avenue and return winter maintenance responsibilities for Brunnerville Road and Lincoln Road to PennDOT. On a motion by McSparran, seconded by Vigunas, the Board voted unanimously to accept the 2003-2004 PennDOT Winter Maintenance Agreement as recommended.

EXECUTIVE SESSION: The Vice-Chairman announced that the Board will meet in an Executive Session to discuss personnel issues.

ADJOURNMENT: Upon reconvening the meeting and with no further business to come before the Board, the meeting was adjourned at 8:54 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager