Chairman W. Logan Myers convened the March 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, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Richard P. Daniels, Harry Adams, Molly Westwood, A. Richard Erisman, Todd & Chris Wilson, Art & Jane Myers, Sam & Betty High, Bruce E. Garner, Nelson Peters, Melvin Hess, Tennille Ault, Mike Miller, Bill & Doris Splain, Roy Hagen, Troy Knepp, Joel Snyder, Betty & Charles Harsh, Craig Williams, Joe Minjock, Jason Andrews, Gary Gillman, Joseph Caracci, Mike Glass, Darla Wise, Jack Hartz, Joe Sharkey, Mike Taylor, Jim Koelsch, Tracy Bosis, Gary Klinger, J. Scott High, Dawn Quinn, Ron Wardell, and Barbara Kunkel.

PRESENTATION ON WTMA BOND ISSUE: The Township Manager stated that Paul Lundeen of Rhoads & Sinon, and Ken Phillips of RBC Capital Markets are present this evening to discuss the WTMA Bond Issue. He explained that WTMA had borrowed money in 2003 for ongoing capital projects in the sewer system, and obtained a bank loan in 2009 to fund DEP mandated improvements to the Lititz Sewer Authority facility. He stated that due to the current favorable bond market, the WTMA has an opportunity to reduce its interest rate which will result in a significant amount of savings. He explained that the WTMA Board approved the new bond issue that would consolidate the two bond issues into one bond to generate these savings. He added that in order to obtain a higher bond rating, the Township guarantees the loan. He noted that the Township has being guaranteeing such loans for the past 35 years. He explained that the new bond issue is based on the existing loans, and not a new debt.

Phillips explained that the new bond issue will reduce the WTMA’s interest , thereby resulting in cost savings. He explained that the proposal provides for a Bond Purchase Agreement, and associated legal documents. He outlined the current bond process for the benefit of those present. Phillips explained that although the documents indicate a maximum principle amount for the bond issue of $12,270,000; the current bond issue is approximately $10,500,000.00 (the maximum interest rate would be between 4-6%).

Lundeen confirmed the legal advertisement of the Ordinances associated with the WTMA bond issue. He summarized the Ordinances for the benefit of those present. He noted that this bond issue will net a minimum of $200,000.00 in savings to the WTMA.

CONSIDER ORDINANCE #243 PROVIDING FOR LEASE RENTAL DEBT FOR WARWICK TOWNSHIP MUNICIPAL AUTHORITY: The Chairman inquired whether the Township Solicitor is agreeable to the documents as presented this evening. The Township Solicitor stated that he is agreeable to the documents as written. He explained that the guarantee does not affect the Township’s borrowing capacity since the associated documentation indicates that revenues from the WTMA sewer system are sufficient to pay the debt service on the loan. Lundeen anticipated that the loan closing would occur in May, 2010. The Township Manager explained that the WTMA had projected a $6,000,000 budget for upgrades to the Lititz Sewer Plant. He explained that the WTMA’s actual expense will be approximately $5,350,000. He noted that part of the reduction is due in part to the acquisition of an H2O Program grant, and minimal change orders during the construction project.

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

Charles Harsh, 20 East Woods Drive, inquired what the other loan funded, since $6,000,000.00 funded the upgrades to the sewer plant. The Township Manager explained that the additional $7,000,000.00 included previous debt incurred by the WTMA during the 1990's which was refinanced in 2003.

On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to adopted Ordinance #243 as written.

The Chairman announced the procedures to be followed for this evening’s hearings. The Township Manager confirmed the legal notice and posting of the proposal. He summarized the proposal for the benefit of those present. He explained that the Township currently has only one commercial zoning district. He explained that Township staff began reviewing a proposal to create a new "Local Commercial" (LC) zoning district in 2008. He stated that the original proposal included only those properties along SR 501 located south of Owl Hill Road. Based on discussions with Township staff and the property owners, the Township enlarged this area to include all of the properties from the Lititz/Warwick municipal boundary line to 939 Lititz Pike that are currently zoned "Community Commercial"(CC). Subsequently, the regulations were further analyzed, and the proposal this evening reflects changes based on the comments of Township staff and the affected property owners.

The Township Manager explained that the objectives of the rezoning were to remove high intensity uses that generate high traffic volumes such as convenience stores with gas stations, fast food restaurants, etc. He stated that the current commercial district provides for buildings up to 250,000 square feet, and the LC zoning district would limit the size of buildings to a maximum of 35,000 square feet.

The Township Manager explained that the proposal includes the rezoning of three lots from residential to Local Commercial. He noted that two of these tracts do not have road frontage (High, Achey), except via adjoining commercial properties. The other property (Walter) is in close proximity to the intersection of Owl Hill Road and is not suited for residential development. He explained that an affected property owner that has one of their tracts proposed for rezoning from R-1 Residential (R-1) to LC (High) submitted a letter requesting an additional residentially-zoned tract be rezoned to LC. The Township Manager explained that this tract was also evaluated; however, it has adequate road frontage to serve a residential development. He explained that the property owner requested that his letter be submitted into the record for the proposed rezoning. In addition, a residential property owner (Knepp) requested that his property be rezoned from the current Community Commercial to R-2 Residential, which is the zoning of the tract that adjoins his lot. He noted that the Knepp tract is the subject of a separate public hearing this evening.

The Township Manager explained that the proposal incorporates the recommendations of the Lancaster County Planning Commission. He noted that one of the recommendations included the elimination of all drive-through operations. He stated that the Township retained certain uses that provide drive-through service (banks), and required them to be reviewed under "Conditional Use" standards. He explained that the Warwick Township Planning Commission reviewed the proposal and recommends adoption of an Ordinance to establish the Local Commercial Zone, and regulation for uses with the Local Commercial Zone, since the proposal is in accordance with the Lititz/Warwick Joint Strategic Comprehensive Plan.

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

Chris Wilson, 19 East Woods Drive, stated that they have owned the property since 1994. She explained that traffic along East Woods Drive has increased over the years due to the development of properties along SR 501. She added that it appears that the roadway is being used as a short-cut to get to other areas of the Township to avoid traffic. She expressed concern over the proposed rezoning of the High tract from R-1 to LC. She stated that some of the potential uses would affect the enjoyment of their residential property which is in close proximity to the High tract. She added that if one of the High tracts is rezoned from R-1 to LC, it would support the potential to rezone the adjoining residentially zoned tract. The Township Manager explained that High has requested the Township to consider rezoning the other residentially zoned tract to LC. He added that Township staff has recommended against the rezoning since it has road frontage. He noted that any property owner has the right to request a rezoning of their property.

Gary Gillman, 22 Owl Hill Road, inquired whether any buildings exist on the Walter property along Owl Hill Road that is currently zoned residential . The Township Manager stated that there are no buildings on the tract, and the Township created a conceptual drawing of the proposed commercial use of the property. Gillman stated that the Township Manager initially explained that the commercial use was preferable to three or four houses on the tract accessing Owl Hill Road. He requested clarification of the comment since three or four houses would generate less traffic than a commercial use. The Township Manager stated that the tract would provide for lots as small as 15,000 square feet which could provide for 8 homes. He added that a representative of the Walter family requested consideration of this tract to be rezoned to from R-1 to LC.

Tracy Bosis, 101 New Haven Drive, expressed concern that if one of the High tracts is rezoned from R-1 to LC, it would be only a matter of time before the other adjoining residentially zoned tract would be rezoned to LC. She stated that if the tract is developed commercially, it would change the character of the neighborhood since security lights would be on all night, and trucks would be loading and unloading. She read from two articles from mortgage companies that warn individuals not to purchase properties where rezoning is proposed, and to review planning submissions in an area where they wish to buy, since certain commercial and retail uses can adversely impact home sale prices due to increased traffic. The Township Manager stated that the Township does not intend to rezone the High tract adjoining the residential properties along New Haven Dr.

Attorney Mel Hess stated that he is present this evening representing the High family. He stated that he is requesting that the residential property in question be rezoned from R-1 residential to Local Commercial at this time. He stated that it seems that each time the Township proposes a rezoning, it traverses a property owned by the High family. He noted that this occurred on the High property north of Lititz Borough, and it appears to be happening on the High tracts in this region. He expressed the opinion that with the characteristics of the area, the only feasible development involves both the High and Walter tracts to provide ingress (right-turn only) to the High property, and to exit on Owl Hill Road. He stated that this would isolate the remaining High tract which has only a 30' wide access to East Woods Drive. He added that, as a compromise, the Township should consider rezoning the other tract to R-2 Residential (R-2) which would act as a buffer between the R-1 zone and the Commercial zone.

Jim Koelsch, 106 New Haven Drive, inquired whether the Walter tract is currently zoned residential. The Township Manager explained that one of the tracts is currently zoned Community Commercial and the adjoining tract is zoned R-1. Koelsch expressed the opinion that the Walter tract and High tract should both remain residentially zoned. He explained that if the Walter tract and High tract are developed concurrently, roadway access to the High tract could be provided through the Walter tract, as far from the intersection as possible. The Chairman stated that the Township has no control over the development, or the timing of the development, of either tract.

Art Myers, 18 Owl Hill Road, expressed concern over the residentially zoned tracts being rezoned to Local Commercial due to the adverse impact to residences in close proximity to the affected area. He added that the natural areas in this region would also be adversely affected. He stated that the rezoning provides no benefit to anyone other than the individuals who wish to develop their tracts.

Richard Erisman, 17 East Woods Drive, stated that he lives next the right-of-way that accesses the High tract (that is not part of the current proposal for rezoning, but has been requested for consideration by Attorney Mel Hess). He explained that he observed individuals surveying the adjoining High tract and he contacted one of the property owners (Samuel High) to discuss the proposal. He stated that High had advised that the piece of land is valuable and inquired whether Erisman would be agreeable to selling 5' of land beside the access to join to the High property. Erisman responded that he is not willing to sell land to widen the access. He expressed the opinion that the right-of-way, which is 32' wide, is adequate to serve as access to a residential property. He stated that the uses provided for under the proposed Ordinance are not conducive to a residential neighborhood. He added that he does not object to the rezoning of properties currently zoned Community Commercial to Local Commercial; however, he does object to residentially zoned properties being rezoned to LC.

Charles Harsh, 20 East Woods Drive, expressed concern that any commercial development in the region could affect his water pressure, since it is not always good now. He added that he is also concerned about light pollution, noise pollution, and speeding along the roadway.

William Splain, 9 East Wood Drive, expressed concern over the proposed rezoning of the High property from R-1 to LC. He stated that he has heard several proposals to develop the Walter property.

Bruce Garner, 136 Rembrandt Drive (Lancaster), stated he is present this evening to represent the Walter property. He explained that any discussion about potential uses on the property have been theoretical, and added there are no specific plans to develop the property at this time. The Chairman confirmed that no final plans for the Walter property have been submitted.

Darla Wise, 112 Rothsville Station Road, stated she is present this evening representing her father Roy Steffy who owns several properties along SR 501. She stated that she requested that the entire property (approximately 6 acres) to be rezoned to LC from Rural Estate, and the Township is only rezoning the front portion (approximately 2 acres) which is currently zoned CC. Wise stated that the Township Manager had indicated that a market exists for wooded lots, and expressed the opinion that the High property would make a good wooded flag lot.

The Township Manager explained that the tract referenced is not proposed for rezoning and would remain R-1 under the current proposal. He added that Township staff agrees that this property could be developed in a reasonable manner as residential.

Attorney Hess stated that if the Township does not rezone the High property, then for future planning purposes, the Walter tract should not be included in the proposal for rezoning from R-1 to LC. The Township Manager explained that Township staff analyzed these lots, and a tributary flows in the area between the Walter property and the High property. He added that a stream crossing permit would be required, and it does not appear feasible to create a stream crossing, with the associated earthwork that would be required, to access only four or five lots. Therefore, access to the High property would need to be from East Woods Drive. He added that the Walter property is along a collector road (Owl Hill Road), which is a higher classification than a local road, which is the classification for East Woods Drive. He added that the Walter property is a better candidate for limited commercial use than the High property. The Township Manager noted that it appears a majority of concern does not relate to the LC proposal from CC, but the addition of the residentially zoned properties that were included as part of the proposal.

On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to close the public hearing on the Local Commercial zone.

PUBLIC HEARING TO REVISE THE ZONING CLASSIFICATION OF A TRACT OF LAND CONTAINING 0.32 ACRES, SITUATED AT 3 LANDIS VALLEY ROAD FROM COMMUNITY COMMERCIAL TO R-2 RESIDENTIAL ZONE

The Township Manager confirmed the legal notice and posting of the proposal. The Township Manager indicated the location of the property for the benefit of those present. He explained that the land is currently a residential use, and adjoins other R-2 zoned lands. He explained that the Warwick Township Planning Commission and Lancaster County Planning Commission are agreeable to the proposal.

The Chairman inquired whether anyone present wishes to comment on the proposal. No one present indicated their desire to comment on the proposal.

On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to close the public hearing on 3 Landis Valley Road.

The Township Manager confirmed the legal notice and posting of the proposal. Joel Snyder, representing RGS Associates, stated that he is present this evening with the property owner (Mike Glass). The Township Manager explained that the tract contains approximately 49 acres of land along Orchard Road. He stated that prior to the rezoning in 2001, the property was zoned R-1 for 8 years. He explained that the tract was subsequently rezoned to Rural Estate in 2001 due to the limited ability to provide public water service (specifically fire suppression) to this region of the Township. He stated that the Orchard Road proposal for a 55+ development was originally submitted approximately 4 years ago, and has been reviewed for discussion purposes by Township staff. In addition, this area was identified as "Planning Area 7" as part of the 2006 update to the Lititz/Warwick Joint Strategic Comprehensive Plan (JSP). He explained that the JSP recommends consideration to include this area in the Township's Urban Growth Area. He noted that one of the objectives in this region was to protect the wooded areas, and if possible, cluster development in the clear areas.

The Chairman explained that in addition to the proposed rezoning, the proposal includes a request to update the JSP by revising the Future Land Use Map to include this area within the Township’s Urban Growth Boundary. He noted that this was a recommendation by the Lancaster County Planning Commission (LCPC). He added that the LCPC recommends approval of both proposals.

Snyder explained that the tract adjoins R-1 zoned land to the north. He stated that if approved, the property owner has indicated that he will submit a Conditional Use application to allow the tract to be developed under the "cluster" provision of the Zoning Ordinance. Snyder explained that the plan proposes single-family dwelling units and would be targeted to individuals age 55+. He stated that the proposal includes plans for a large on-site pond to provide for fire suppression, if needed (the pond would also be incorporated into the proposed stormwater management facilities for the site). Snyder noted that the development would be accessed via a private road extending from Orchard Road. He explained that the plan proposes approximately 114 units, which is less than would be permitted under R-1 zoning. He added that the proposal includes provisions to protect the woodlands and steep slopes on the tract. Snyder stated that the properties would be served by public water. He noted that public water facilities are adequate to serve the development; however, fire suppression would not be adequately met without the pond proposed by the developer. The Township Manager explained that the Township intends to construct a 1,000,000 gallon water tank in the northern region of the Township which would provide a gravity public water system to this region of the Township. He added that the WTMA has a right of first refusal on a property in this region. He noted that the project would cost several million dollars, and this is part of the WTMA's long-range plan (10-15 years).

The developer, Mike Glass, stated for the record that if the tract is rezoned, he agrees to develop the tract as a 55+ cluster development as discussed this evening, and as originally proposed. He noted that if he could have submitted a conditional use application to run concurrent with the rezoning, he would have agreed to this as a condition of zoning approval; however, the law indicates that the rezoning must occur prior to submittal of a conditional use application. The Township Solicitor inquired whether, based on Glass’ comments this evening, the Township could submit his letter dated March 12, 2010 (which supports the comments he made this evening), could be entered into the public record for this evening’s public hearing. Glass responded in the affirmative. The Township Solicitor stated that based on current law, the Township could not approve the rezoning with conditions. Glass added that he intends to develop the property as proposed, and that he does not intend to sell the property. The Township Solicitor inquired whether Glass is authorized to represent ownership of all of the affected land. Glass responded in the affirmative. The Township Solicitor inquired whether Glass would agree to the conditions stated in the March 12^th letter if the Conditional Use is approved. Glass responded in the affirmative.

Vigunas inquired whether the proposal includes all of the Rural Estate zoned land in this region of the Township. The Township Manager stated that the proposed rezoning is applicable to the Glass properties only, since Township staff has reviewed his proposal, and since he has agreed to provide a separate fire suppression facility on the property. He added that if other tracts in the region could provide the same fire suppression guarantee, and follow the same procedure, the Township would consider rezoning these tracts. He noted that this region is a future growth area of the Township.

Snyder explained that, based on the current proposal, approximately 52% of the overall site would be remain in a natural state to preserve the wooded areas and slopes on the tract.

The Chairman inquired whether anyone wishes to comment on the proposal. No one present indicated their desire to comment on the proposal.

On a motion by Chivinski, seconded by Vigunas, the Board voted unanimously close the public hearing on the Orchard Road tract.

APPROVAL OF MINUTES: On a motion by Chivinski, seconded by Vigunas, the Board unanimously approved the minutes of the February 3, and February 17, 2010 Board meetings as submitted.

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 Vigunas, seconded by Chivinski, the Board unanimously approved the payment of bills from the General Fund in the amount of $332,357.63

TOWNSHIP MANAGER’S REPORT: The Township Manager provided a status report on the Warwick Regional Recreation Commission (WRRC). He explained that the WRRC Administrator will provide a status report at the joint meeting scheduled for March 31, 2010.

The Township Manager provided a status report on the Millport Road/Woodcrest Avenue Project. He explained that bids for the project will be opened on March 31, 2010.

The Township Manager provided a status report on the Snavely Mill Road project. He explained that staff has completed a speed study on the road. He added that staff met with Elizabeth Township representatives and discussed several issues. He added that Township staff should have a report back to the Board for review by next month.

The Board unanimously approved the Township Manager’s report.

TAX COLLECTOR'S REPORT: The Board reviewed the February, 2010 Tax Collector's report. The Board unanimously approved the Tax Collector's February, 2010 report.

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster provided a report that outlines the activities of the Public Works Department during February, 2010. He requested authorization to advertise bids for paving and road projects. He noted that the Township is bidding jointly with 5 other municipalities for oil & chip seal coats and microsurfacing. He added that West Earl Township is taking the lead with the bids and will incorporate all of the materials in their advertisement for materials. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to authorize the advertisement of bids for paving and road projects, and authorized the joint bidding process. The Board unanimously approved the Public Works Department Report.

POLICE DEPARTMENT REPORT: Lieutenant Tobin presented a report that outlines the activities of the Police Department during February, 2010. The Board unanimously approved the Police Department Report.

ZONING OFFICER'S REPORT: The Zoning Officer presented a report that outlines the Zoning/Building permits issued in February, 2010. He explained that the Zoning Hearing Board did not meet in February due to inclement weather. The Board unanimously approved the Zoning Officer’s Report.

CONSIDER SCOOTER'S FINAL LOT ADD-ON AND STORM WATER PLAN, PREPARED BY STRAUSSER SURVEYING, DATED 1/18/2010: Craig Williams, representing Strausser Surveying, explained that the property is located at the southeast corner of East Woods Drive and Lititz Pike. He explained that the property is comprised of three tracts of land, and noted that the three tracts are part of one deed for the overall property. Williams explained that the property currently contains 79 parking spaces, although the Ordinance only requires 53 parking spaces. He stated that additional parking spaces are needed to accommodate patrons. In addition, the property owner would like to expand the restaurant by creating a 1,500 square feet patio/dining area on the east side of the building. He explained that the proposal would require the removal of 6 parking spaces. He stated that the patio/dining area would be constructed over existing impervious surface, therefore, no additional stormwater management would be necessary. Williams explained that the plan also proposes a stone parking area to accommodate 14 parking spaces for employees, and to relocate the existing dumpster farther from the proposed patio area.

Williams addressed the Township Engineer's comment letter dated March 3, 2010.

The Applicant is requesting a Waiver of Section 285-7.C pertaining top Preliminary Plan processing. The Applicant's consultant is requesting a modification to process a preliminary/final plan in lieu of processing a preliminary plan and subsequently a final plan. The Township Engineer commented that inconsideration of the justification cited by the Applicant, they recommend approval of the Waiver conditional on the title of the plan being changed to "Lot Add-on and Stormwater Management Plan".

The Applicant is requesting a Waiver of Section 603.1.B pertaining to bumper blocks. The Applicant’s consultant is requesting a modification to not provide the required curb, concrete bumper clocks or other protective devised for the existing parking spaces with the parking lot. The Township Engineer commented that in consideration of the justification cited by the applicant, and since there are proposed concrete wheel stops to delineate the proposed spaces for the 14 new parking spaces being created, the Planning Commission recommended approval of the Waiver.

The Applicant is requesting a Waiver of Section 603.1.C pertaining to parking lot aisle width. The Applicant's consultant is requesting a modification of the minimum parking isle width of 25' for 90 degree spaces. For the 14 space proposed lot, a 23.33' aisle is proposed. The Township Engineer commented that for reasons cited by the Applicant, they recommend approval of the Waiver.

The Applicant is requesting a Waiver of Section 603.1.F pertaining to painted lines to delineate parking spaces. The Applicant's consultant is requesting a modification of not providing painted lines to define parking spaces within the proposed stone parking area. The Township Engineer commented that based on the justification cited by the Applicant, they recommend approval of the Waiver conditional on the applicant installing concrete bumper blocks.

The Applicant is requesting a Waiver of Section 603.1.I pertaining to parking lot surface requirements. The Applicant's consultant is requesting a modification to provide a paved surface of concrete or bituminous materials or another dust free surface. It is proposed to use a "compacted stone surface". Due to the justification cited by the Applicant, the Warwick Township Planning Commission recommends approval of the Waiver.

The Applicant is requesting a Waiver of Section 603.1.L pertaining to buffer planting width requirements. The Applicant's consultant is requesting a modification of the 15' wide planted buffer strip where parking compounds are adjacent to residential properties. It is proposed to provide a 10' width along the north edge of the proposed 14 space parking area, where residentially used properties border the area. The Applicant indicated that the 10' wide buffer would be planted with Arbor Vitae at 5' spacing. In addition, no buffer planting is proposed along the southern edge of the proposed parking as the existing use is commercial in nature. Due to the justification cited by the Applicant, the Warwick Township Planning Commission recommends approval of the Waiver

The Applicant is requesting a Waiver of Section 603.2.A.(2) pertaining to sidewalks along parking areas. The Applicant indicated that this new parking area will primarily be used by the employees who are familiar with the site and will use the drive aisle to access their vehicles. In addition, the impervious surface resulting from sidewalk placement in this area will generate additional stormwater management compliance, with no resulting benefit. Due to the justification cited by the Applicant, the Warwick Township Planning Commission recommends approval of the Waiver

The Applicant is requesting a Waiver of Section 603.3.A pertaining to curbing along parking areas. The Applicant indicated that the structural benefits normally offered by curbing along a paved surface will have no benefit as the area is proposed to be stoned. Due to the justification cited by the Applicant, the Warwick Township Planning Commission recommends approval of the Waiver

On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously grant Waivers of Section 285-7.C, Section 603.1.B, Section 603.1.C, Section 603.1.F, Section 603.1.l, Section 603.1.L, Section 603.2.A.(2), and Section 603.3.A contingent upon the Township Engineer's comments being addressed.

On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to approve the Scooter's Final Lot Add-on and Storm Water Plan contingent upon the Township Engineer’s comments being addressed.

ACKNOWLEDGE RELEASE OF WEST RIDGE ROAD FROM MAINTENANCE GUARANTEE: The Roadmaster submitted a memo indicating that the Township accepted dedication of West Ridge Road on October 15, 2008. An inspection of the site was performed in order to determine the structural integrity of the street prior to the expiration of the Maintenance Guarantee on April 15, 2010. Based on this inspection, it appears that the roadway was constructed in accordance with the Township’s specifications and the approved plans. Therefore, the Roadmaster recommends the Township release the $5,950 financial security. The Board acknowledged the release of the West Ridge Road Maintenance Guarantee.

CONSIDER TIME EXTENSION FOR BRYAN AND CYNTHIA MARTIN FOR FINAL LAND DEVELOPMENT PLAN: The Board reviewed the request. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to grant an extension of time until June 19, 2010 for the Bryan and Cynthia Martin Final Land Development Plan.

CONSIDER 2010 LED TRAFFIC SIGNAL CONVERSION GRANT FROM THE LANCASTER COUNTY PLANNING COMMISSION: The Township Manager explained that the grant is for the LED signal conversion at Peters Road & SR 501. He noted that the intersection of Owl Hill Road and SR 501 was converted with funds deposited by the developer of the Target site. He added that the grant will fund 90% of the overall cost to convert the signal. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to accept the grant as outlined in the letter from the Lancaster County Commissioners dated March 4, 2010.

CONSIDER ORDINANCE #245 PROVIDING FOR REZONING OF A 0.32 ACRE TRACT FROM COMMUNITY COMMERCIAL TO R-2 RESIDENTIAL ZONE: The Ordinance was the subject of a public hearing held earlier this evening. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to adopt Ordinance #245 as drafted.

CONSIDER RESOLUTION # 03-17-10-01 TO AMEND THAT FUTURE LAND USE MAP TO REFLECT THE CHANGE OF A 49.437 ACRE TRACT FROM RURAL ESTATE TO R-1 RESIDENTIAL: The Resolution was part of a public hearing held earlier this evening. On a motion by Chivinski, seconded by Vigunas, the Board voted unanimously to enact Resolution #03- 17-10-01 as drafted.

CONSIDER ORDINANCE # 246 PROVIDING FOR REZONING OF A 49.437 ACRE TRACT FROM RURAL ESTATE TO R-1 RESIDENTIAL ZONE: The Ordinance was the subject of a public hearing held earlier this evening. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to adopt Ordinance #246 as drafted.

CONSIDER ORDINANCE #244 TO ESTABLISH THE LOCAL COMMERCIAL ZONE AND STANDARDS: The Township Manager stated that it appears most of the individuals who spoke this evening are agreeable to the rezoning from CC to LC. He recommended that the three residentially zoned properties be removed from the overall proposal, and if these property owners wish to rezone their respective residential properties, they must each submit a separate rezoning petition. The Township Solicitor stated that in order to meet legal requirements, the proposal to remove the residential properties would need to be further reviewed by the both the Lancaster County Planning Commission and the Warwick Township Planning Commission. He added that the Board could table action and request the proposal to be re-evaluated by both Planning agencies without the residentially zoned properties. On a motion by Kramer, seconded by Vigunas, the Board voted unanimously to table action on Ordinance #244. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to request the proposal to be re-evaluated by both the Lancaster County Planning Commission and the Warwick Township Planning Commission without the residentially zoned properties.

CONSIDER REQUEST BY THE NATIONAL MULTIPLE SCLEROSIS SOCIETY TO HOLD A BIKE TOUR ON 7/24/2010: The Board reviewed the request. On a motion by Kramer, seconded by Chivinski, the Board voted unanimously to authorize the National Multiple Sclerosis Society to hold a bike tour on July 24, and July 25, 2010 contingent upon the event being coordinated with the police department.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager explained that the Township budgeted the replacement of the Backhoe. He requested the Board’s authorization to sell the existing backhoe for a minimum bid of $35,000.00. On a motion by Kramer, seconded by Chivinski, the Board voted unanimously to authorize the sale of the Township’s Backhoe for a minimum bid of $35,000.00.

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

The Chairman reconvened the meeting at 9:57 p.m.

On a motion by Kramer, seconded by Vigunas, the Board voted unanimously to amend the Township's policy on operations and patrolmen specific to the disciplinary section in which the Board is amending that section to read that "disciplinary action can be implemented by the Chief or the Board's designate during any interim period."

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 10:00 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager