Chairman Bruce Bucher convened the November 19, 2003 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors Bruce Bucher, W. Logan Myers, and Joseph McSparran. Michael Vigunas and Roger Moyer were absent. In attendance were Township Manager Daniel Zimmerman, Code and Zoning Officer Thomas Zorbaugh, Roadmaster Dean Saylor, Police Chief Richard Garipoli, David Frankfort, David Zerr, Andrew Scheid, Gerald Pfautz, John Banta, Shelly Banta, Kenneth Kline, Dave Martin, and Ryan Coder.

GUEST RECOGNITION: John Banta stated that he owns the property at 1201 Rothsville Road, Lititz and requested a status report on the Conditional Use application pending with the Township for a two-lot subdivision in the Agricultural zone. He explained that the last time the Board discussed the proposal was at their August 21, 2002 meeting.

The Chairman explained that discussions have occurred regarding a land-swap with the owner of the adjoining property, which is a preserved farm, to relocate the roadway and provide a safer access to the property. He stated that the Township has contributed funds toward improvements along SR 772 to improve the safety of the existing access on North Heck Road. Banta explained that several issues were discussed at the meeting; however, the Township has made no final decisions regarding North Heck Road. He added that he would like to proceed with his proposal. The Township Manager provided an overview of the action that has occurred regarding North Heck Road, to date.

The Township Manager explained that two options are available for the proposal. He stated that the intersection of North Heck Road and SR 772 could be relocated to the driveway area for Pumping Station #9, which would require a land swap. He noted that the Agricultural Preserve Board indicated that the land swap could occur only if the property owner (Gerald Pfautz) agrees with the proposal. The Township Manager explained that the other option would be for the Township to perform remediation repairs to the existing bridge on North Heck Road prior to the Township’s consideration of vacating the roadway. Banta requested a time line on the action on his proposal. The Township Manager explained that the roadway serves as an access to two properties, only and added that a final determination has not been made regarding the roadway. He added that the Township has budgeted funds to improve the bridge as part of their 2004 Fiscal Budget; however, they would like the option to relocate the roadway to provide a safer access. Banta requested clarification of whether the bridge would be repaired or replaced since the Board discussed replacement at their previous meeting. The Township Manager stated that the cost to replace the bridge would be between $50,000.00 and 60,000.00, and the cost to repair the bridge would be between $25,000.00 and $30,000.00. He added that in fairness to the taxpayers of the Township, the Township is considering repairs to the bridge since it only serves two properties.

The Chairman explained that if Banta is requesting action on the Conditional Use application, the Township will honor the request. He added that if relocating the roadway is not an option, the application would be considered without this option.

Banta stated that the Highway Occupancy permit would be an issue with the Conditional Use application and inquired whether considerations are given to improving sight distances without actually meeting PennDOT’s regulations. The Township Manager explained that the final decision is made by PennDOT and Banta could hire an engineer to pursue the option with PennDOT representatives. Myers explained that the Board would provide a recommendation on the proposal only after the applicant provides a plan for review.

Pfautz inquired who would own the roadway if the Township abandons the roadway. The Township Manager explained that ownership of the roadway is divided among the property owners. He noted that the Township Solicitor would prepare the appropriate documentation if this occurs. The Board maintained that any decision to relocate the roadway would be based on Pfautz’ agreement to the proposal. The Board discussed the issue at length.

APPROVAL OF MINUTES: On a motion by Myers, seconded by McSparran, the Board unanimously approved the minutes of the October 1, and October 15, 2003 meetings as submitted.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. On a motion by Myers, 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 $226,322.23.

MANAGER’S REPORT: The Township Manager provided a status report on several recreation projects. He explained that the dedication ceremony of Forney Field is scheduled for Spring, 2004. He stated that the Board should discuss a representative to serve on the Rails-to-Trails feasibility study committee. The Township Manager advised that the next meeting on the Recreation Technical Grant is scheduled for December 1, 2003. The Township Manager stated that the Public Works Department has started work on the Lititz Skate Park in partnership with the Lititz Borough Public Works Department.

The Township Manager provided a status report on the County Convention. He explained that the Coalition for Smart Growth policy paper regarding Agricultural preservation was accepted at the convention. He provided a copy of the position paper for the Board’s review and information.

The Township Manager provided a status report on the relocation of Kissel Hill and Millport Road. He provided a copy of the schedule for the work relating to the airport project.

The Township Manager provided a status report on North Heck Road. He explained that, to date, the Township has provided flashing advisory signals and extensive road markings advising of the intersection and curve. The total investment for these roadway improvements was over $4,200.00. He explained that Township staff has not pursued the option of constructing a new access into the property and eliminating the North Heck Road intersection. He provided a copy of a letter from the Agricultural Preserve Board relating to a new access onto the Pfautz tract, and additional correspondence sent to PennDOT and to the Township Solicitor relating to this issue.

The Township Manager provided a status report on the PennDOT project for installing a center turn lane on SR 501 from the Shoppes at Kissel Village to Owl Hill Road.

The Board unanimously approved the Township Manager’s report.

The Chairman commended the Township Manager’s leadership and Township staff for the recent awards that were given to the Township for its ongoing initiatives.

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

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during October, 2003. On a motion by Myers, seconded by McSparran, the Board voted unanimously to authorize the advertisement of the 1983 Ford dump truck for sale.

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

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in October, 2003. He outlined the case heard at the Zoning Hearing Board’s October 8, 2003 meeting.

The Zoning Officer explained that he received a letter from Lancaster County-wide Communications suggesting that the addresses for Briarcrest Manor be revised since addressing issues create problems for emergency service providers in locating specific properties. He explained that the Board authorized the address revisions along Briarcrest Manor in accordance with the request. He added that the Township received several letters from property owners who live along the roadway requesting that the Township reconsider its decision. He provided a copy of a draft response letter indicating that since the Lancaster County-wide Communications had requested the change, the Board acted on the request. The revised addresses are effective March, 2004.

The Zoning Officer explained that the Township will begin issuing letters to neighbors adjacent to any property requesting a zoning hearing to advise them of the request.

The Zoning Officer explained that it appears that the State will approve the state-wide building code. The Township Manager stated that the Township received a letter from Elizabeth Township indicating that they would be interested in working on a joint approach to address building inspections. The Board briefly discussed the issue.

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

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

The Township Manager explained that the Township received 8 resumes from individuals who are interested in serving as the Warwick Emergency Services Alliance Administrator.

COMMUNICATIONS: The Board received a copy of the recent edition of the PSAT’s News Bulletin.

The Board received a report outlining the activities of the Rothsville Fire Company during October, 2003.

CONSIDER ORDINANCE #206 TO AMEND THE TOWNSHIP POLICE PENSION ORDINANCE: The Board reviewed the Ordinance. The Ordinance would amend the police pension plan to implement changes in federal tax laws. On a motion by Myers, seconded by McSparran, the Board voted unanimously to adopt Ordinance #206.

DISCUSSION ON THE FINAL DRAFT OF THE CABLE FRANCHISE AGREEMENT: The Board reviewed the final draft of the Cable Franchise Agreement. The Township Manager provided an overview of the Agreement for the benefit of those present. The Board is agreeable to the Agreement as proposed and authorized the advertisement of an Ordinance to adopt the Cable Franchise Agreement.

CONSIDER BIDS SUBMITTED FOR THE SALE OF 1983 FORD DUMP TRUCK: The Board reviewed the bids that were received for the 1983 Ford Dump Truck. The Township received six bids for the sale of the 1983 dump truck. The Roadmaster recommends that the Township award the bid to David Zerr (Sunset Acres) in the amount of $6,050.00 (highest bid). On a motion by McSparran, seconded by Myers, the Board voted unanimously to award the bid to David Zerr (Sunset Acres) in the amount of $6,050.00 as recommended.

CONSIDER BIDS SUBMITTED FOR THE PURCHASE OF A PAY LOADER: The Board reviewed the bids that were received for the purchase of a Pay Loader. The Township received two bids for the purchase of a Front End Loader. The Roadmaster recommends awarding the bid to Cleveland Brothers (Caterpillar) at a price of $102,890.00 and exercise the buyback option of $91,800.00 on the 2001 John Deere.

The Chairman inquired why the buy-back amount between the two bidders is significantly different. Dave Martin, representing Plasterer Equipment (John Deere), stated that several issues affect the buy-back program. He explained that the issues include the size, horsepower and the resale value of the machine. Ryan Coder, representing Cleveland Brothers, outlined the guidelines he used to prepare his bid.

The Roadmaster stated that the public works staff had an opportunity to operate and excavate with the 924G Caterpillar machine and, in their opinion, the equipment was superior to the John Deere in power, visibility and overall operator friendliness. The Board briefly discussed the bids. On a motion by Myers, seconded by McSparran, the Board voted unanimously to award the bid to Cleveland Brothers (Caterpillar) at a price of $102,890.00 and exercise the buyback option of $91,800.00 on the 2001 John Deere as recommended.

ACKNOWLEDGE 2003 SMART GROWTH LEADERSHIP AWARDS: The Township Manager explained that the Township received awards from "Envision Lancaster County", an initiative of the Lancaster County Planning Commission, for its Transferrable Development Rights program, the Warwick Emergency Services Alliance, Warwick Watershed Day, Agricultural Preservation and the Lititz Run Watershed Alliance.

CONSIDER REQUEST BY ROTHSVILLE FIRE COMPANY TO CONDUCT A BOOT-DROP FUND RAISING ON 11/28/2003: The Board reviewed the request. The Rothsville Fire Company is requesting authorization to conduct a boot-drop fund-raising project at the intersection of SR 772 and East Newport Road. On a motion by McSparran, seconded by Myers, the Board voted unanimously to approve the request by Rothsville Fire Company to conduct a boot-drop fund raising on November 28, 2003 from 9:00 a.m. to 2:00 p.m.

The Township Manager explained that the Rothsville Fire Company is requesting a letter of support from the Township for the fire company’s efforts to obtain a grant for its building project. The Board is agreeable to issuing a letter of support to the Rothsville Fire Company for its building project.

REVIEW PROPOSED 2004 MEETING SCHEDULE: The Board reviewed the meeting schedule. Myers explained that the Board previously discussed one morning meeting each month rather than two evening meetings. The present Board members indicated that are agreeable to meeting at 7:00 a.m. on the 1^st Wednesday meeting of each month for a trial period until June, 2004 if it is agreeable to the Board members who are not present this evening. The January 5, 2003 meeting, which is the annual reorganization meeting, will begin in the evening at 7:00 p.m. The Board is agreeable to the meeting dates as presented.

EXECUTIVE SESSION: The Chairman announced that the Board will recess to 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 9:35 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager