Chairman Bruce Bucher convened the September 17, 2003 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, Michael Vigunas, and W. Logan Myers. Roger Moyer and Joseph McSparran were absent. In attendance were Township Manager Daniel Zimmerman, Code and Zoning Officer Thomas Zorbaugh, Police Chief Richard Garipoli, John Humma, Tony Chivinski, Chris Venarchick, and David M. Pusey. Laura Knowles of Lancaster Newspapers represented the press.

APPROVAL OF MINUTES: On a motion by Moyer, seconded by Vigunas, the Board unanimously approved the minutes of the August 20, 2003 meeting as submitted.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. 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 Myers, seconded by Vigunas, the Board unanimously approved the payment of bills from the General Fund in the amount of $340,965.27.

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

The Township Manager provided a status report on several recreation projects. He explained that the dedication ceremony for Forney Field is scheduled for Spring, 2003. He explained that final grading for the Bonfield recreation field project is currently taking place, and the seeding is anticipated for September 22, 2003. The Township Manager explained that the DCNR contract to review the feasibility of a Rails-to-Trails between Ephrata Borough and Lititz Borough has been executed. He added that a committee will be formed in October to begin selection of a consultant for the project. The Township Manager provided a copy of the outline for the second meeting of the Recreational Technical grant, which is scheduled for September 4, 2003. The Township Manager stated that the Public Works Department has begun work on the Lititz Skate Park in partnership with Lititz Borough.

The Township Manager provided a status report on the newsletter. He explained that publication of the newsletter is scheduled for October and added that articles for the newsletter are currently being drafted.

The Township Manager provided a status report on several Ordinance revisions. He explained that the second committee meeting to discuss revisions to the Subdivision and Land Development Ordinance has been scheduled and added that staff is working on comparisons for the draft. The Township Manager stated that the PA Department of Environmental Protection (DEP) has approved the revisions to the Stormwater Management Ordinance. The Board briefly discussed the Stormwater Management Ordinance. He added that no action has been taken on the an Ordinance to establish the Recreation Advisory Committee.

The Township Manager provided a status report on the Peters Road and Highlands Drive intersection improvements. The Township Manager explained that representatives of the Community Hospital have issued a letter to PennDOT requesting that they re-examine the signalization request that was submitted for the project. He added that the Township has also issued a letter to PennDOT requesting the department to reconsider the signalization permit for the project.

The Township Manager provided a status report on the Cocalico Creek watershed study. He provided a copy of a letter from the Township Solicitor advising that the Board should proceed with the enactment of the proposed Storm Water Management Ordinance. He noted that the Township will request reimbursement for associated legal fees from DEP.

The Board unanimously approved the Township Manager’s report.

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

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

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

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in August, 2003. He also outlined the cases that were heard at the Zoning Hearing Board’s August 13, 2003 zoning hearing. The Zoning Officer provided an update on several property maintenance issues.

The Zoning Officer explained that he received a letter from Lancaster County-wide Communications suggesting that the addresses for Briarcrest Manor be revised since the 0-hundred block numbers go up in a westerly direction from Briar Hill Road to Skyview Lane, and the 100 block numbers go up in an easterly direction from Briar Hill Road to the cul-de-sac. The Zoning Officer stated that changing the addresses along the cul-de-sac would affect the fewest property owners. The Township Manager explained that addressing issues create problems for emergency service providers in locating specific properties. The Board briefly discussed the addressing issue along Briarcrest Manor. The Zoning Officer explained that he will provide several options on the addresses along the roadway for the Board’s information and future review.

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

WESA ADMINISTRATOR REPORT: The Warwick Emergency Services Alliance (WESA) Administrator submitted a report that outlines his activities during August, 2003. On a motion by Vigunas, seconded by Myers, the Board unanimously approved the WESA Administrator’s Report.

COMMUNICATIONS: The Board received a copy of a letter from the Lititz Fire Company inviting them to attend a breakfast meeting to discuss the feasibility of a capital campaign to purchase a new ladder truck.

The Board received a copy of a letter from the Lancaster County Conservation District regarding manure storage building permits. The letter advises that all manure storage facilities must meet the State required professional engineer design and installation supervision requirements. The Board briefly discussed the issue.

CONSIDER THE PUSEY/RAFFENSPERGER TOWNHOUSE FINAL SUBDIVISION PLAN, PREPARED BY RGS ASSOCIATES, DATED 5/9/2003: Chris Venarchick, representing RGS Associates, explained that the plan proposes to modify the Newport Square Plan be replacing 5 single family lots along Balmer Road with 10 townhouse lots. He explained that the proposal was part of the recent Conditional Use hearing for the Newport Square project (the Conditional Use also included modifications to the commercial area). Venarchick explained that the townhouse lots would match the character of the existing townhouse lots located across Balmer Road from this site. He explained that the lots would be accessed via a private alley, owned and maintained by the owner of lot 152 (one of the remaining commercial lots). He noted that lot 152 is only slightly modified as part of the proposal. Venarchick explained that 5 sewer laterals would be added to this area to accommodate the lots. He noted that a private street agreement is currently being drafted for review by the Township Solicitor. Venarchick explained that the proposal also provides for a future connection to the adjacent church property, if needed. The Township Manager noted that church representatives have indicated that there is the potential for a future expansion of the church building.

The Chairman expressed concern that the potential would exist for a commercial entity to purchase the easement for access to Newport Road. The Township Manager explained that a condition could be placed on any approval that future use of the easement is for the church, only.

Venarchick addressed the Township Engineer’s September 10, 2003 comment letter.

The applicant is requesting a Waiver of Section 602.11.B pertaining to intersection separation distances. The Ordinance requires "The distance between the centerline of streets opening onto the opposite sides of existing or proposed streets shall be no less than one hundred fifty feet (150ft)...". This wavier is necessary to allow the creation of Dartmouth Lane as part

of the townhouse design. The intersection of Dartmouth Lane with Chickadee Drive is within ±110 feet of the Balmer Road and Chickadee Drive intersection. As previously indicated within the request, there may be certain physical restraints (existing detention basin and utilities) that prevent locating the Alley intersection with the required separation distance from the Balmer Road and Chickadee Drive intersection. Furthermore, the relatively low traffic volumes associated with the ten (10) residential units does not appear to warrant any concern over the function of the intersection as designed. The Township Engineer commented that since the use/design appears to "mirror" the other alleys within the Village Overlay portion of the site and the anticipated traffic volumes on the alleys should be minor, they recommend approval of the Waiver.

The Applicant is requesting a Waiver of Section 603.3.A pertaining to curbs The applicant's consultant has requested eliminating the requirement to construct concrete curb along Dartmouth Lane (an alley). The reason for this request, as previously identified, is that several other alleys have been created and constructed within Newport Square and they were approved without curb. The Township Engineer commented that the submitted Plans have been revised in accordance with their previous review and suggested conditions. This includes the installation of ''wood bollards" along the edge of the alley where the existing steep slopes lead to the existing detention basin and concrete "curb stops" at each overflow parking space along the alley. Their other suggested conditions have also been incorporated into the revised plans. Therefore, they recommend approval of the Waiver request based on the design provided and indicated on the submitted Plans.

The Applicant is requesting a Waiver of Section 301.3 pertaining to Preliminary Plan application. The applicant's consultant has requested a Waiver of the requirement to submit a Preliminary Plan application based on the "scope of the project"; although the classification of the application and the plan title itself indicates "Preliminary Plan". The Township Engineer commented that this project clearly meets the requirements for processing a Preliminary Plan in that ten (10) new lots are proposed (actually net 5) and a new street (Dartmouth Lane) is proposed as part of the project. Furthermore, utility service will have to be addressed for the new Townhouses, changes to the existing storm water collection/conveyance system are necessary and other changes to the parking/access drives on the adjacent lots are also being proposed. In addition, it does not appear that all the Final Plan requirements (agreements, improvement guarantee, utility notifications, etc.) have been addressed. For these reasons, the Township should further evaluate the merit of the request and take discretionary action accordingly.

On a motion by Vigunas, seconded by Myers, the Board unanimously approved a Waiver of Section 602.11.B, a Waiver of Section 603.3.A, and a Waiver of Section 301.3 as outlined in the Township Engineer’s September 10, 2003 comment letter.

On a motion by Myer, seconded by Vigunas, the Board unanimously approved the Pusey Raffensperger Townhouses at Newport Square contingent upon execution of the Ownership/Offer of Dedication Certificate, upon recording the Stormwater Management Agreement, upon recording of the Street Maintenance Agreement, upon, receipt of an acceptable Letter of Credit by the Township and Municipal Authority, upon final approval of the plan by the Municipal Authority, upon payment of all required fees, and upon receipt of an approval letter from PPL for easement intrusion, and upon a restriction being placed upon the use of the easement area adjacent to the church property for any purpose other than the church expansion.

CONSIDER REQUEST FOR AN EXTENSION OF TIME FOR MICHAEL PALASZ: The Board reviewed the request. On a motion by Vigunas, seconded by Myers, the Board voted unanimously to grant a 90-day extension of time for the Michael Palasz plan.

CONSIDER RESOLUTION #09-17-03-01 AMENDING THE FEE SCHEDULE FOR WARWICK TOWNSHIP: The Board reviewed the resolution. The Township Manager explained that the Resolution pertains to plan review. On a motion by Vigunas, seconded by Myers, the Board voted unanimously to adopt Resolution #09-17-03-01 to amend the fee schedule as submitted.

CONSIDER AUTHORIZING SCOPE OF SERVICES FOR THE WARWICK REGIONAL RECREATION STUDY - PEER TO PEER TECHNICAL GRANT: The Board reviewed the information. On a motion by Myers, seconded by Vigunas, the Board voted unanimously to authorize the Scope of Services between Warwick Township and Susan E. Landes for the Warwick Regional Recreation Study.

STATUS ON THE CABLE NEGOTIATIONS: The Township Manager explained that the negotiations are being conducted jointly with Ephrata Township and Ephrata Borough. He explained that one of the issues being discussed is cable internet access to the school districts. The Board briefly discussed the issue.

CONSIDERATION ON THE 2004 MMO FOR PENSION PLANS: The Township Manager stated that the MMO for the uniformed employees is $71,747.00 and the MMO for non-uniform employees is $32,078.76. The Board acknowledged receipt of the MMO for the non-uniform pension plan, and the MMO for the police pension plan.

EXECUTIVE SESSION: The Chairman announced that the Board met in an Executive Session prior to this evening’s regularly scheduled meeting to discuss personnel issues. He added that since the Board did not conclude the discussion, the Board will now continue the Executive Session.

The Chairman reconvened the meeting. He explained that the Board discussed personnel issues pertaining to the Police Department. He explained that the Board heard information pertaining to a grievance filed by Officer Dabella. On a motion by Myers, seconded by Vigunas, the Board voted unanimously to deny Officer Dabella’s grievance, and to inform Officer Dabella to attend the appropriate driving school as recommended by the Accident Review Board, and as directed by the Police Chief.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Chairman presented the Township Manager with a Certificate for Travel and directed the Township Treasurer to pay the appropriate invoice for the Certificate.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:10 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager