Chairman W. Logan Myers convened the February 17, 2010 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, Anthony Chivinski, C. David Kramer, and Michael Vigunas. Herbert Flosdorf was absent. In attendance were Township Manager Daniel Zimmerman, Police Chief Richard Garipoli, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Ron Wardell, Doug Wenger, Chris May, Mike Miller, George & Millie Seace, John & Audrey Smit, Harry Adams, Douglas & Donna Snavely, Laurie Hess, Katharine Newhard, Daniel Newhard, Kathryn Stoltzfus, Dale Stoltzfus, Tom & Cindy Seaton, Troy & Jeseen Bauman, Kevin Varner, David Bitner, and Nelson Peters.

SWEARING IN AS POLICE OFFICERS - SCOTT E. BAKER AND MATTHEW J. KLINGER: The Police Chief announced that Officer Delene Brown, Officer David Burdis, and Officer Gary Garrison represent the Police Department as witnesses to the swearing in ceremony this evening.

The Chairman administered the Oath of Office to Scott Baker and Matthew Klinger, respectively. District Justice Daniel Garrett administered the swearing in of Scott Baker and Matthew Klinger as Warwick Township Police Officers.

PUBLIC HEARING TO CONSIDER THE CONDITIONAL USE APPLICATION RECEIVED FROM DALE & KATHRYN STOLTZFUS FOR APPROVAL UNDER ARTICLE 340-11 SECTION D(1) PERTAINING TO A SINGLE FAMILY DWELLING IN THE AGRICULTURAL (AG.) ZONED DISTRICT. PROPERTY CONSISTS OF A 3.56 ACRE TRACT SITUATED ON AT 843 DISSTON VIEW DRIVE.

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

Kevin Varner, representing Diehm & Sons, was sworn in. Varner explained that Kathryn Stoltzfus owns an approximate 3.56 acre tract of land along the north side of Disston View Drive in the Agricultural zoning district. The tract contains an existing dwelling and other improvements, and is served with an on-lot septic system and individual well. Portions at the rear of the site are wooded with the remainder being in lawn. The Applicant proposes to create a two lot subdivision on this property. Lot 1 would be approximately one acre and include the existing dwelling and improvements. The proposed use of Lot 2 is a detached single-family residence on approximately 2.33 acres. The proposed lot will be served by on-lot sewage and a well. The proposed lot is for Mr. and Mrs. Stoltzfus to construct a dwelling for their own use. Varner explained that Lot 1 would be sold. He noted that sewage tests have been performed for each lot.

Varner addressed the Township Engineer's comment letter dated January 20, 2010. He noted that only one lot is allocated for subdivision from the parent tract. The Township Manager explained that Township staff viewed the proposal as Lot 1 being the subdivided lot, with Lot 2 being remaining lands. He noted that due to its small size, the lot is not a viable farm, although it is located within the Agricultural zone. Varner added that the topography of the land also prohibits the ability to farm the parcel. The Township Manger explained that the formal plan review process would follow the Conditional Use hearing.

The Chairman inquired whether anyone present wishes to comment on the proposal.

On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to close the public hearing for Dale & Kathryn Stoltzfus. The Township Manager explained that a draft of the decision will be submitted for the Board’s review and consideration at their regularly scheduled meeting on March 3, 2010.

GUEST RECOGNITION: Ron Wardell, 210 Snavely Mill Road, presented a letter to the Board expressing his concerns regarding the proposed widening of Snavely Mill Road. He stated that it appears that there is no significant traffic on the roadway to merit its widening. He added that several older homes are located in close proximity to the roadway and would be adversely affected by the road widening. He explained that he has lived at the property for 38 years and has not observed any incidents involving buses that travel along the roadway. He expressed concern that speeding will increase if the roadway is widened and added that they have no local police department in Elizabeth Township to control speeding. He added that he has not observed attention by Warwick Township Police to help with the problem of speeding by commuters. He explained that the only two trouble spots on the roadway is at the Snavely Mill itself, due to its proximity to the roadway, and at the intersection with Loop Road. He added that motorists that travel south on Loop Road, could travel farther south along SR 501 and turn on East Lexington Road and turn left to Loop Road to avoid the sharp corner coming from the south. He expressed the opinion that now is not a good time to spend public money to widen the roadway. Wardell inquired what is the cost of the project; what study was conducted to prompt the action of widening the road; and what will be done to control speeding.

Mike Miller, 30 Loop Road, stated that he lives near the intersection of Loop Road and Snavely Mill Road. He explained that in February, 2009, a comment was made that truck traffic at Snavely’s Mill would increase by 25 trucks per day as a result of their project. He explained that he counted 40 trucks between the hours of 7:00 a.m. and 4:00 p.m., which is the time period stated for truck traffic. He added that he hears trucks along the roadway traveling to and from the Mill, and not just during harvest season. He expressed concern over widening the roadway since truck traffic destroys property when turning left coming from the Brickerville area and from Loop Road to Snavely Mill Road. He added that this tends to affect three properties. Miller expressed concern over the use of "Jake Brakes" and the noise associated with them that causes his windows to rattle. He inquired whether truck traffic will be restricted from Snavely Mill Road since the preferred route should have trucks exiting Snavely Mill to Reifsnyder Road to Brubaker Valley Road to SR 501. The Township Manager stated that although this is the preferred route for truck traffic, the Township is unable to force trucks to follow the route. Miller explained that although he counted up to 40 trucks, some were tractor trailers other than Snavely Mill trucks. Miller noted that the trucks were headed toward the Mill. He added that he tracked truck traffic for more than one day, within the past 30 days.

Tom Seaton, 213 Snavely Mill Road, expressed concern over the speed of motorists traveling along Snavely Mill Road. He added that there appears to be a lack of Township Police monitoring the roadway. He noted that he has observed police vehicles traveling the roadway. He stated that police could park in his driveway to observe speeding motorists. He stated that his driveway is approximately 10 yards from the crest of the hill and motorists can not see his driveway until they are at the crest of the hill. He requested that the concerns relating to speed be addressed before the roadway is widened.

Kathy Newhard, 140 Snavely Mill Road, stated that their property sits along the roadway and their windows rattle when heavy trucks pass. She stated that they do not have an eat-in kitchen; therefore, they eat meals in their dining room which is at the front of the house. She stated that she feels like the trucks are coming through their dining room when they sit down to meals. She noted that they recently installed new windows; however, they still rattle at times. She stated that she previously requested a speed study to reduce the speed limit of the roadway since she had young children, and the unposted speed limit was 55 m.p.h. Subsequently, the speed was reduced to 40 m.p.h. and she was advised that the speed could not be further reduced along the roadway since it was not considered residential in nature. She stated that since the original request, more homes have been constructed and it is more residential in nature. She added that she associates speed with the width of a roadway and she found information on the internet that supports this information. She stated that truck traffic has increased in the past 6 to 12 months. She noted that the commercial drivers are more courteous, and the younger drivers (passenger cars) accelerate the most. She presented a petition signed by 20 neighbors who are opposed to the roadway widening.

Dan Newhard, 140 Snavely Mill Road, expressed concern about the speed of motorists along the roadway. He explained that there are 6 bus stops between Loop Road and the end of Snavely Mill Road, and he is concerned about the children waiting for the bus. He indicated the locations on the roadway where speeding is the most dangerous. He added that although the Snavely Mill truck drivers are the most courteous; other truck drivers are not as courteous. He noted that truck traffic has increased recently, and not just during harvest time. He explained that there are at least six homes that sit in close proximity to the roadway, and added that his home is only 9' from the edge of the roadway. He explained that these homes are no more than 10' from the roadway and expressed concern that the widening will adversely affect these homes. He read news bulletins that describe how Amish and Mennonite horse and buggies are adversely affected by speeding motorists along rural roadways. He explained that 42 poles are located along the roadway. He explained that if the roadway is widened, 35 of these would be within 3' of the roadway and 15 would be 0-2' from road edge. He inquired how these poles would be affected.

Newhard stated that 5 new homes have been built along the roadway within Warwick Township, and additional homes are proposed on his side of the roadway.

Troy Bauman, 219 Snavely Mill Road, expressed concern over the speed of motorists along Snavely Mill Road. He stated that he has heard that the reason for widening is to accommodate school busses and stated that he reviewed several roadways in his neighborhood and it appears Snavely Mill Road is at least as wide as these other roads. He expressed the opinion that Lexington Road appears 1' narrower and has much more traffic than Snavely Mill Road. He inquired what is the right-of-way of Snavely Mill Road. The Township Manager explained that the right-of-way is 33' wide. Bauman stated that he spoke with his neighbors and they do not see the benefit to offset the cost of the improvement.

Harry Adams, 209 Snavely Mill Road, stated that he is concerned about the roadway widening. He stated that the letter he received indicates that the roadway will be widened on both sides. He added that Snavely’s Mill sits right on the roadway and inquired where the roadway would be widened in this area. He noted that the Township Manager advised him that the roadway would be widened only on the opposite side of the road. He stated that he has lived at the property for over 50 years and he discussed the roadway with one of the police Sergeants who indicated that there have been no accidents along the roadway. He added that he contacted Representative John Bear’s office and he was advised that the road is only narrow in spots and inquired where these spots are located. The Township Manager explained that Mr. Adams spoke with the Roadmaster regarding the issue.

The Chairman stated that the Board is unable to respond to all of the individual questions this evening; however, Township staff can provide a background on the project for the benefit of those present.

The Township Manager stated that he can address issues relating to Warwick Township; however, he can not respond on behalf of Elizabeth Township. He stated that Warwick Township maintains over 95 miles of roadway. He stated that the Township has a 10-year capital improvement program for roadway maintenance. He explained that the Township has limited funds in its budget and identifies specific roadways that will be improved as part of its budget process each year. He stated that he has worked for Warwick Township for over 17 years and during this time, the Township has not performed improvements to Snavely Mill Road, other than oil and chip. He explained that the roadway has been included on the Township’s list of improvement projects for approximately 3 years; however, since the roadway’s ownership is split down the centerline between Elizabeth Township and Warwick Township, the road work needed to be coordinated with Elizabeth Township. The Township Manager explained that the roadway was considered for improvements since there has been deterioration of the sub-base. He added that although many of the rural roads are less than 20' wide, the minimum width for a travel lane is 10'. He explained that the Township’s Ordinance requires new streets to be at least 28' wide, and noted that this width is not needed for rural roadways because, typically, there is no on-street parking. He added that in addition to a 10' travel lane, the Township also prefers a 1' shoulder. He explained that the shoulder area is preferred for an additional safety measure and ensures adequate clearance for a truck and bus to pass in opposite directions. He stated that when the Township improves a roadway, and it is not improved to minimum standards, the Township faces possible liability if an accident occurs. He explained that the shoulder of a roadway provides additional area outside of the travel lane. The Roadmaster noted that Lexington Road is a State-owned roadway, and is also scheduled for improvement by the State. The Township Manager explained that funding for roadway improvements is provided through "Liquid Fuels" funds provided by the State. He explained that the State allocation for Warwick Township is approximately $400,000.00, and the Township budgets roadway improvements based on the State’s allocation. He added that the Snavely Mill Road improvement is projected to cost approximately $41,600.00. He noted that this figure represents only the cost incurred by Warwick Township for its portion of the roadway. He added that Elizabeth Township would incur the cost to improve their portion of the roadway.

The Township Manager explained that the Township has a Speed Sentry device that can be installed along the roadway to analyze the speed of vehicles traveling along Snavely Mill Road. He stated that the device tracks the number of vehicles, and time and date in addition to the collected speed data. He explained that this would assist the Police Department in knowing when the most violations occur and apply speed enforcement at that time in the future. The Township Manager explained that the Township has not officially applied to PennDOT to address the engine retarder issue, since he is familiar with their criteria and it does not appear the roadway would be a candidate for the restriction. He added that if the Board requests a formal application to be submitted to PennDOT, it would be presented for their consideration. He explained that speed limit consideration is based partly on the number of driveways that access the roadway in order for the roadway to be considered residential.

The Township Manager added that the Township could perform another study to determine whether it would meet PennDOT’s standards for a reduced speed limit. He explained that the information from the Speed Sentry will be available in two weeks; however, it would take longer for the results of the speed study, and engine retarder request to PennDOT.

Laurie Hess, 125 Snavely Mill Road, stated she lives in one of the original farm houses along the roadway, and their home is in close proximity to the roadway. She explained that they were unaware of the proposed roadway improvements until they received a letter in the mail. The Township Manager explained that the Township undertakes approximately 6-12 roadway improvement projects each year. He added that the Township sends letters to the affected property owners at the beginning of each year. He explained that part of the reason is because the roadways are bonded for a five-year period; this ensures that the roadway surface would not be excavated (by public utilities, etc.) within this time period, except in case of emergency. This advises residents, and public utilities, to have work performed prior to the roadway bonding. He noted that the letter also serves to advise residents of the proposed work for the upcoming year. He noted that this provides sufficient time for residents to ask questions, and for the Township to respond, and work with residents prior to the work being performed. The Township Manager explained that planned project would provide for the roadway to be widened, and the widened areas to be paved this year. Subsequently, the widened area is given one year to settle prior to the full roadway paving work being completed and bonded, which is scheduled for 2011.

The Chairman explained that Township staff will continue to work with residents to address their concerns. The Township Manager explained that the road work would not commence until Summer; and if needed, the work could be delayed.

APPROVAL OF MINUTES: On a motion by Vigunas, seconded by Chivinski, the Board unanimously approved the minutes of the January 4, and January 20, 2010 Board meetings, with a correction to the liaison responsibilities on the January 4^th reorganization meeting minutes (Michael Vigunas will be the liaison for the Public Work's Department and Anthony Chivinski and C. David Kramer will be the liaisons for the Police Department during 2010).

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. On a motion by Vigunas, seconded by Chivinski, 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 Chivinski, seconded by Vigunas, the Board unanimously approved the payment of bills from the General Fund in the amount of $197,990.60.

TOWNSHIP MANAGER’S REPORT: The Township Manager provided a status report on the Police Feasibility Study. He noted that the Committee members are currently evaluating cost sharing options. He explained that the Township will schedule a followup meeting with DCED consultant Ron Stern.

The Township Manager provided a status report on several Recreation Project. He explained that the Township is evaluating grant options for a construction study as part of the regional rails-to-trails project. He explained that the Warwick Regional Recreation Commission is completing a cost analysis on saving through the organization.

The Township Manager provided a status report on the ISO Review. He explained that the update is underway, and the Township anticipates completion by the end of February.

The Township Manager provided a status report on the Winter impact. He explained that Township staff will tabulate the impact of the severe storm events through February on the 2010 Fiscal Budget. He added that he would not anticipate any reimbursement effort by the State due to budget constraints.

The Township Manager provided a status report on the Millport Road/Woodcrest Avenue project. He explained that the property owner meeting was rescheduled to February 22, 2010 due to inclement weather.

The Township Manager provided a status report on the zoning classification of the Local Commercial district. He explained that the public hearing on the proposal is scheduled for the Board’s meeting on March 17, 2010.

The Board unanimously approved the Township Manager’s report.

TAX COLLECTOR'S REPORT: The Board reviewed the January, 2010 Tax Collector's report. On a motion by Kramer, seconded by Vigunas, the Board unanimously approved the Tax Collector's January, 2010 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster provided a report that outlines the activities of the Public Works Department during January, 2010. The Board unanimously approved the Public Works Department Report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in January, 2010. He explained that the Zoning Hearing Board did not meet in January since no applications were submitted for review. The Board unanimously approved the Zoning Officer’s Report.

COMMUNICATIONS: The Board received the January, 2010 edition of the PSATS NewsBulletin publication.

CONSIDER THE SEWER MODULE APPLICATION FOR DALE & KATHRYN STOLTZFUS: The Board reviewed the Sewer Module application. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to approve the Sewer Module application for Dale & Kathryn Stoltzfus.

CONSIDER THE FINAL SUBDIVISION PLAN FOR DEAN & KAREN GARMAN FOR 222 OWL HILL ROAD, PREPARED BY GABRIEL & ASSOC., DATED 12/28/09: David Bitner, representing Robert Gabriel & Associates, explained that the site is located at 222 Owl Hill Road, south of the intersection of Kissel Hill Road and Owl Hill Road. He stated that the lot currently contains approximately 1 acre. The plan proposes to subdivide the lot and create one approximate 19,390 square foot lot (Lot 1), and one approximate 20,584 square foot lot (Lot 2). Bitner explained that the existing home and garage would be located on Lot 1 of the plan. He stated that a barn that was located on the property has being demolished to accommodate the proposal and noted that this will result in a reduction in impervious area. Bitner stated that both lots would be served with public sewer and public water.

Bitner addressed the Township Engineer’s comment letter dated February 5, 2010.

The Applicant is requesting a Waiver of Section 285.27.J(3) pertaining to improvement of existing streets and intersections. The Applicant's consultant has offered to submit a fee in-lieu-of constructing the actual improvements in the amount of $5,398.00. The Township Engineer commented that they recommend approval of the Waiver contingent upon payment of the fee.

On a motion by Kramer, seconded by Chivinski, the Board voted unanimously to grant a Waiver of Section 285.27.J(3), contingent upon the applicant submitting the appropriate fee in-lieu; and to approve the Final Plan for 222 Owl Hill Road (Dean and Karen Garman), contingent upon the Township Engineer’s comments being addressed, and upon Township Staff’s comment letter dated February 17, 2010 being addressed.

CONSIDER BIDS SUBMITTED FOR THE PURCHASE OF THREE (3) USED VEHICLES AND THE SALE OF THREE (3) VEHICLES: The Board reviewed the bids submitted for the purchase of three used vehicles. The Township Manager explained that the minimum criteria stated by the Township was that the cars had to be manufactured in the United States, they had to be 2005 or newer with less than 60,000 miles in good to excellent condition. He added that the two compact to mid-size cars had to provide 25 mpg or better, and the compact to mid-size SUV had to provide 20 mpg or better. He explained that New Holland Auto Group was the only firm that met all of the criteria for each of the three vehicles, within the budgeted amount of $27,000.00. The Township Manager explained that the bid was for a 2006 Ford Focus sedan, a 2007 Ford Focus sedan, and a 2006 Pontiac Vibe. He explained that the two cars would replace the current Police Chief and Detective vehicles, and the SUV would replace the current vehicle used by the Code & Zoning Officer. The Code and Zoning Officer explained that New Holland Auto Group has also provided a 3-year limited warranty on each of the vehicles. The submitted bid for the purchase all three vehicles is $26,921.21.

The Township Manager explained that New Holland Auto Group also submitted the highest bid to purchase the three vehicles being replaced (2003 Chevy Malibu, 136,000 miles; 2000 Jeep Cherokee Sport, 133,000 miles; and 1999 Jeep Grand Cherokee Limited, 137,000 miles). The submitted bid for the sale of all three vehicles is $3,400.00.

On a motion by Chivinski, seconded by Vigunas, the Board voted unanimously to accept the bid provided by New Holland Auto Group for the purchase of three vehicles at a bid price of $26,921.21, and to accept the bid provided by New Holland Auto Group for the sale of three vehicles at a bid price of $3,400.00.

CONSIDER REQUEST BY THE LITITZ SPORTSMAN’S ASSOCIATION FOR USE OF THE RIPARIAN PARK TO HOST THEIR ANNUAL CHILDREN'S FISHING DERBY 4/3/2010: The Board reviewed the request. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to authorize the Lititz Sportsman’s Association to use the Riparian Park to host their annual Children’s Fishing Derby on April 3, 2010 from 8:00 a.m. to 1:00 p.m.

CONSIDER REQUEST BY THE LITITZ SPORTSMAN’S ASSOCIATION FOR USE OF THE RIPARIAN PARK TO HOST ANNUAL FISHING DERBY FOR PEOPLE WITH DISABILITIES ON 6/6/2010: The Board reviewed the request. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to authorize the Lititz Sportsman's Association to use the Riparian Park to host their annual Fishing Derby for People with Disabilities on June 6, 2010 from 10:00 a.m. to 3:30 p.m.

CONSIDER REQUEST BY WHEATFIELD ESTATES DEVELOPMENT TO HOST A COMMUNITY YARD SALE ON 4/10/2010: The Board reviewed the request. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to authorize the Wheatfield Estates Development to host a Community Yard Sale on Saturday, April 10, 2010 from 7:00 a.m. to Noon.

GUEST RECOGNITION: Nelson Peters, Pebble Creek Homeowner’s Association President, explained that an individual contacted him and advised that if the Township allows him to take mulch from the leaf and woody yard waste site, he will spread the mulch along the rails-to-trails that abuts the development. The Board members indicated that the mulch is provided to residents free of charge at the drop-off site.

EXECUTIVE SESSION: The Chairman announced that the Board will recess to an Executive Session to discuss personnel issues.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Chairman reconvened the meeting at 9:17 p.m. On a motion by Kramer, seconded by Chivinski, the Board voted unanimously to retain the services of Semanoff, Ormsby, Greenberg & Torchia, LLC according to the Scope of Work memo dated February 5, 2010 to Daniel Zimmerman.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:18 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager