Chairman Bruce Bucher convened the December 3, 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 Township Manager Daniel Zimmerman, Representative Roy Baldwin, Township Engineer Charles Hess, Kevin Varner, Tony Chivinski, Greg Wilson, Vicki Wilson, Jim McCarthy, Michael Garman, Amy Leeking, Mike Leeking, Nancy O’Conor, Kevin Lahn, and Chris Fisher. Laura Knowles of Lancaster Newspapers represented the press.

COMMUNICATIONS: The Board received an invitation to attend the dedication ceremony for the Lancaster County Public Safety Training Center. The ceremony will begin at 10:30 a.m. on Saturday, December 13, 2003.

The Board received a note from Bruce Stauffer of B.R. Kreider, congratulating the Township on receiving a 2003 Envision Lancaster County Award.

The Board received a letter from Representative Roy Baldwin congratulating the Township on the recent Lancaster County Leadership Award and Certificates of Merit.

The Board received a copy of the November, 2003 edition of the PSAT’s NewsBulletin publication.

CONSIDER THE WARWICK FARMS FINAL SUBDIVISION PLAN, PREPARED BY MCCARTHY ENGINEERING, DATED 6/11/03: Jim McCarthy, representing McCarthy Engineering, explained that the tract contains 98 acres of Rural Estate zoned lands and is being developed as a "conservation development". McCarthy expressed the opinion that most of the outstanding items have been addressed as part of this submittal. The Township Manager requested clarification that the proposed agreements should reflect a revised plan date of November 12, 2003 instead of November 5, 2003 as currently written on the documents. McCarthy acknowledged that all agreements should reflect a plan date of November 12, 2003. The Township Manager stated that the agreements will be modified accordingly.

McCarthy addressed the Township Engineer’s November 26, 2003 comment letter.

The Applicant is requesting a Waiver of Section 602.10.C.5 pertaining to roadway frontage improvements. The applicant is requesting consideration of providing a reduced fee in-lieu-of completing the actual construction of required roadway improvements along Ballstown Road. While the entire frontage of the site is required to be improved by the developer, the applicant is requesting the fee amount be based on the actual frontage of Lot 2 through Lot 8 and the minimum required frontage of 150' for Lot1 and Lot 9. This would result in a 900 LF reduction in what would be the required fee based on the actual frontage. The Township Engineer commented that if this approach is determined to be acceptable for this project based on reduction in potential density of the development, the submitted construction cost estimate and reduced fee calculation appears acceptable. Therefore, at the discretion of the Township, action should be rendered on the Waiver request. McCarthy explained that a reduced number of lots are being created on the property than are permitted by the Ordinance. The Township Manager added that all of the lots would be restricted from further development as part of the plan. On a motion by Moyer, seconded by Myers, the Board voted unanimously to grant a Waiver of Section 602.10.C.5.

The Applicant is requesting a Waiver of Section 603.3.A pertaining to curbs. The plans have been revised to illustrate that the temporary cul-de-sac at the terminus of Wade Drive meets the dimensional requirements for a permanent cul-de-sac. The applicant has indicated that they are discussing the potential of dedicating the easement around the bulb as a permanent part of the right-of-way with the owners of the adjacent property. It is the applicant’s opinion that the function of the existing Wade Drive cul-de-sac will not be enhanced by the addition of curbing around the bulb.

The Township Engineer commented that the addition of curbing in this area would, however, disturb additional area outside the right-of-way of Wade Drive as being negotiated with the property owners. Based on the lack of enhanced performance and the additional disturbance, the applicant is requesting the requirement to provide curbing in this area be waived. Based on discussions between the Township and the developer curb may not be required along the permanent cul-de-sac. However, the approval of the Waiver is at the discretion of the Township. The Township Manger explained that two existing cul-de-sacs within the Thoroughbred Terrace development are affected by this plan. The plan proposes to extend Brian Drive into the Warwick Farms development terminating in a permanent cul-de-sac (4 lots would front along Brian Drive), and proposes to create a permanent cul-de-sac at Wade Drive which would access one lot within this development. The remaining lots would have frontage along Ballstown Road. The Township Manager explained that conservation easements will be provided at various locations throughout the site. The plan proposes shared driveways for the lots being created along Ballstown Road. The Township Manager explained that as part of the stormwater management for the individual lots, future property owners will be provided with several options to address stormwater. He noted that each option must comply with the Township’s Stormwater Management Ordinance. He added that the lots along Brian Drive will be served by public water. On a motion by Myers, seconded by Vigunas, the Board voted unanimously to grant a Waiver of Section 603.3.A.

The Applicant is requesting a Waiver of Section 602.10 pertaining to Minimum Street right-of-way. The applicant is requesting a Waiver of the minimum right-of-way width around the cul-de-sac for Wade Drive. This existing, temporary cul-de-sac has a diameter of 80' with a coterminous temporary easement on the adjacent property to allow for the temporary cul-de-sac. The developer has negotiated with the property owner and the Township to allow the current temporary cul-de-sac to remain. In order to accommodate this request, it is required to create right-of-way (vs. the existing temporary easement) around the cul-de-sac. The required right-of-way around a permanent cul-de-sac is 100 feet. The adjacent, affected property owner will not agree to create the additional 20 feet of right-of-way beyond the current easement limits. Since it has been agreed to allow the current cul-de-sac to remain, the reduced 80 feet diameter right-of-way should be acceptable. The right-of-way will be at the edge of the current paving. The critical component is that right-of-way be provided. Based on the information provided on the plan, it does not appear that any existing utilities will be beyond the proposed 80 feet right-of-way. Therefore, we have no objections to granting the Waiver if acceptable to the Township. The Township Manager explained that conservation easements will be provided at various locations throughout the site. The plan proposes shared driveways for the lots being created along Ballstown Road. The Township Manager explained that as part of the stormwater management for the individual lots, future property owners will be provided with several options to address stormwater. He noted that each option must comply with the Township’s Stormwater Management Ordinance. He added that the lots along Brian Drive will be served by public water. On a motion by McSparran, seconded by Myers, the Board voted unanimously to grant a Waiver of Section 602.10.

On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Warwick Farms Final Subdivision Plan contingent upon execution of the Ownership/Offer of Dedication Certificate; upon the Letter of Credit and inspection fees being submitted to the Township; upon recording of all required easements and agreements to the satisfaction of the Township Solicitor and Township Staff; upon recording of individual deeds for each lot with application notification of restrictions; and upon payment of all associated fees.

CONSIDER THE ZIMMERMAN/GARMAN FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 6/26/03: Kevin Varner, representing Diehm & Sons, stated that the parent tract contains approximately 40 acres located along Snavely Mill Road and Firestone Road. He explained that the tract is bisected by Snavely Mill Road and added that 13 acres are situated on the south side of Snavely Mill Road, and 27.6 acres are situated on the north side of the roadway. He explained that Snavely Mill Road is divided by the municipal boundary line between Warwick Township and Elizabeth Township and noted that the Zimmerman’s existing home is located on the north side of the roadway (in Elizabeth Township). He added that the owners wish to retain this tract. In addition, the "southern" portion of the tract (in Warwick Township) is divided by the zoning line between the R-1 Residential and Rural Estate zoning districts.  The Zimmerman’s intend to sell the "southern" portion of the tract to Garman Builders who wish to create 8 single-family lots on the tract. Varner noted that no new improvements are proposed on the "northern" tract. He explained that lot 1 through lot 5, which are located within the Rural Estate zoning district, would be served by on-lot wells and on-lot septic systems. He stated that lot 7 through lot 9 would be served by the public sewer system. He noted that public water is not available to this area; therefore, each of the lots would be served by an on-lot well. Varner explained that a hydrogeological report was prepared to verify a potable water source to serve the lots. He stated that Lot 6 and Lot 7 received zoning approval for minimum lot frontage and minimum side yard setback. Varner explained that the plan proposes on-lot stormwater management and explained that each lot will infiltrate stormwater from the houses. Varner stated that Lot 3 and Lot 4 will have a shared driveway since the access to Lot 3 would not meet adequate sight distance requirements.

Varner explained that he is agreeable with the recommendations of the Township Engineer’s November 14, 2003 comment letter. The Township Manager explained that the culvert on Snavely Mill Road and the culvert on Firestone Road are being replaced as part of the Township’s road improvement project for the roadways. He noted that part of the applicant’s roadway fee submittal will be used toward these improvements. The Township Manager explained that a traffic study was generated for Firestone Road that would justify a reduction of the speed limit along Firestone Road from 55 mph (unposted) to 40 mph. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the Zimmerman/garman Final Subdivision Plan, contingent upon execution of the Ownership/Offer of Dedication Certificate; upon the Letter of Credit and inspection fees being submitted to the Township; upon recording of all required easements and agreements to the satisfaction of the Township Solicitor and Township Staff; upon recording of the deeds for each lot with applicable restrictions; upon the applicant scheduling a pre-construction meeting with Township Staff; and upon the reduction of the speed limit along Firestone Road to 40 mph.

CONSIDER A REQUEST BY THE DARYL WEAVER LAND DEVELOPMENT PLAN FOR A NINETY DAY TIME EXTENSION: The Board reviewed the request. On a motion by Vigunas, seconded by Myers, the Board unanimously approved an extension of time until April 23, 2004 for the Daryl Weaver Land Development Plan.

CONSIDER REQUEST BY TRAJAN PUTNIK FOR REDUCTION OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that, at this time, the majority of the required improvements are completed. Based on this observation, they recommend the Township release the current Letter of Credit in the amount of $148,890.00 contingent upon the property owner establishing a replacement "cash" escrow account in the amount of $3,850.00 to cover the completion of the remaining improvements (or until the submission of another Land Development & Lot Add-On Plan to address any expansion of the business). The Board briefly discussed whether or not the recommended Escrow amount is adequate to address the all of the outstanding items. The Township Engineer stated the Township could increase the Escrow amount to include the costs associated with the completion of the trench restoration work. On a motion by Myers, seconded by Vigunas, the Board voted unanimously to release the current Letter of Credit in the amount of $148,890.00 contingent upon the property owner establishing a replacement "cash" escrow account in the amount of at least $3,850.00 to cover the completion of the remaining improvements (or until the submission of another Land Development & Lot Add-On Plan to address any expansion of the business) and to include the Township Engineer’s estimate of the costs associated with the completion of the trench restoration work within the established Escrow account.

CONSIDER REQUEST BY JER ASSOCIATES FOR CLOSEOUT OF ESCROW FOR THE WINDSOR POINTE DEVELOPMENT: The Board reviewed the request. The Township Engineer commented that, based on their recent observation of construction progress, it appears that all site improvements and the previously identified items have been completed in an acceptable manner. Therefore, they recommend the Township release the remaining $6,325.00 Letter of Credit account. On a motion by Moyer, seconded by McSparran, the Board voted unanimously to release the current Letter of Credit in the amount of $6,325.00.

CONSIDER THE SHOPPES AT KISSEL VILLAGE CONDITIONAL USE DECISION: The Board reviewed the draft decision. The Chairman explained that the Board closed the public hearing on the proposal at the November 5, 2003 meeting. He noted that the draft decision was provided to each Board member prior to this evening’s meeting. The developer (Kevin Lahn) indicated that he is in agreement with the conditions contained within the decision as drafted. On a motion by Vigunas, seconded by McSparran, the Board unanimously approved the Shoppes at Kissel Village Conditional Use decision.

CONSIDER ORDINANCE # 207 AUTHORIZING THE EXECUTION OF A CABLE FRANCHISE AGREEMENT WITH BLUE RIDGE COMMUNICATIONS: The Board reviewed the Ordinance. The Township Manager outlined the Cable Franchise Agreement for the benefit of the Board. He noted that the agreement was a joint project with Ephrata Borough and Ephrata Township and added that the agreement is for an 8-year period. The Board briefly discussed the document. On a motion by Moyer, seconded by Myers, the Board voted unanimously to enact Ordinance #207.

CONSIDER THE 2004 WARWICK TOWNSHIP MEETING SCHEDULE: The Board reviewed the proposed 2004 Warwick Township Meeting Schedule. The Township Manager explained that the Board previously discussed that the first meeting of the Board each month begin at 7:00 a.m. instead of 7:00 p.m. He noted that the Board’s annual reorganization meeting is required to be held on the first Monday of each year (January 5, 2004) beginning at 7:00 p.m. Vigunas expressed concern that the meeting time could be a hardship for architects or engineers. The Township Manager explained that the Municipalities Planning Code only requires one meeting per month. The Board briefly discussed the morning meeting option. On a motion by McSparran, seconded by Moyer, the Board voted unanimously to authorize the public advertisement of the 2004 Meeting Schedule clarifying that the first Wednesday meeting of each month will begin at 7:00 a.m. for a trial period until June, 2004.

CONSIDER RESOLUTION # 12-03-03-01 AMENDING THE 2003 FISCAL BUDGET: The Board reviewed the Resolution. The Resolution would authorize the transfer of $50,000.00 from the General Fund to the Health Benefit Fund. The Township Manager explained that the Board could consider an option of a one-time allocation to the Lititz Community Center (LCC)for physical building repairs. He provided a list of the immediate short-term repairs that are needed for the facility. The list was compiled by the new executive director of the LCC. The Township Manager emphasized that any donation would be used only for the identified repairs. He stated that the request is provided for the Board’s consideration, only. He added that if this option were approved by the Board, the allocation to the Capital Reserve Fund would be $102,000.00 and $23,000.00 would be allocated to the LCC. The Board briefly discussed the issue. On a motion by Vigunas, seconded by Myers, the Board voted unanimously to adopt Resolution #12-03-03-01 as discussed with a one-time allocation to the Lititz Community Center (LCC) in the amount of $23,000.00 to be used only for physical building repairs.

CONSIDER REQUEST BY SAUDER’S EGGS FOR PERMISSION FOR THE 12^th ANNUAL SAUDER’S EASTER EGG RUN: The Board reviewed the request. On a motion by Moyer, seconded by McSparran, the Board unanimously approved the request to hold the 12^th Annual Sauder’s Easter Egg Run on Saturday, April 10, 204 beginning at 9:00 a.m.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager outlined several of the new recreation programs being developed by the Lititz Community Center.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:05 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager