Chairman W. Logan Myers convened the April 7, 2010 meeting of the Board of Supervisors at 7:00 a.m. Present were Supervisors W. Logan Myers, Michael Vigunas, Herbert Flosdorf and Anthony Chivinski. C. David Kramer was absent. In attendance were Township Manager Daniel Zimmerman, Township Solicitor William Crosswell, A. Richard Erisman, and Matt Harlow.

PRESENTATION OF 2009 AUDIT - SAGER SWISHER AND CO., LLP: Mike Reiner, representing Sager, Swisher and Company detailed the 2009 Financial Statement for the benefit of those present. Reiner commended Township staff for their cooperation with the audit process. He explained that one impact of the audit is that the Township rating from Standard & Poors has been adjusted up from A+ to AA-. On a motion by Chivinski, seconded by Vigunas, the Board voted unanimously to accept the 2009 Fiscal Budget Audit as submitted.

COMMUNICATIONS: The Board received a letter from the Lititz Public Library thanking the Township for its 1^st quarter, 2010 contribution.

The Board received a letter from the Lititz RecCenter thanking the Township for its 1^st quarter, 2010 contribution.

The Board received the February-March 2010 edition of the PSATS NewsBulletin publication.

The Board received a letter from April Hershey, Warwick School District Superintendent, that indicates that the Warwick School District has decided that the D.A.R.E. Program will end at the conclusion of the 2009/2010 school year due to the cessation of state funding for continuation of the program.

The Board received a copy of the 2009 Annual Report for the Rothsville Fire Company. The report outlines the activities of the Rothsville Fire Company during 2009.

PRESENTATION ON THE NEWPORT SQUARE SOLAR INITIATIVE: Matt Harlow, ELA Group (State College, PA), stated that he is present this evening to represent the solar initiative. He provided a background on the solar energy process for the benefit of those present. He provided several designs of carport structures that incorporate solar panels. He explained that the Newport Square initiative would involve removing the existing garage structures and replacing them with the solar carport structures. He added that the proposal also includes placing ground-mounted arrays in the detention basin. He explained that solar panels would also be installed on the roof of the office where the developer (Mike Glass) has his office, and a play structure within the development. Harlow explained that the solar panels on the carports would be approximately 40"x60" with a 1" gap between each of the panels. He noted that the carport would still provide protection from sun and rain. A Board member inquired whether the ground-mounted solar panels are feasible. Harlow stated that due to the economic stimulus program which funds alternative energy projects, solar projects have become more affordable. He stated that the proposal would result in 2 mega watts of energy, and noted that the development is near an electric substation. He noted that the developer of Newport Square wanted to create an alternative energy system on this site, in addition to three other sites he owns in Pennsylvania. He added that ELA Group is the engineer overseeing all four project sites.

The Township Manager explained that Township staff reviewed the initial proposal since it proposes a combination of uses. He explained that if the developer wanted to construct carports within the development, it would require submittal of a minor land development plan. He added that the proposal is combined with solar panels that create the roof structure for the carports, and noted that the proposal has a commercial element since electricity would be produced by these solar panels. He explained that the development received approval as a Village Overlay, which permits commercial uses. He stated that the proposal would require a modification to the Conditional Use approval and would require the property to be posted, and a public hearing to be held. The Board members are agreeable to the project as presented.

CONSIDER REQUEST ON AN ADDITIONAL "HANDICAP PARKING" SPACE ON OAK STREET: The Board reviewed the request. The Township Manager explained that the Board previously authorized two handicap parking spaces on North Oak Street between Balmer and Newport Roads. The Board received a letter from a representative of Newport Commons, who indicated that Newport Commons includes a total of 40 apartments that are handicap accessible, and they provide handicap parking to accommodate the residents of those units. The individual who requested the additional handicap parking space lives in an apartment that is not handicap accessible. The Board briefly discussed the proposal. The Board decided to deny the request for an additional handicap parking space on North Oak Street at this time due to the availability of other designated handicap parking spaces within Newport Commons, and since this is a public street with limited parking (one side).

CONSIDER BIDS SUBMITTED FOR SALE OF A POLICE CRUISER: The Board reviewed the bids submitted for the used police car. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to accept the bid from Grace Quality Used Cars for a bid price of $3,785.00.

CONSIDER REQUEST FOR ROTHSVILLE COMMUNITY DAY - 9/18/2010 AT FORNEY FIELD: The Board reviewed the request. On a motion by Flosdorf, seconded by Vigunas, the Board voted unanimously to authorize Rothsville Community Day on Saturday, September 18, 2010 at Forney Field.

CONSIDER BIDS SUBMITTED FOR THE WOODCREST AVENUE/MILLPORT ROAD INTERSECTION PROJECT: The Board reviewed the bids submitted for the intersection project. The Township Engineer commented that they completed the review of the bids received for the roadway improvements on Woodcrest Avenue. As a result of this review, they recommend the project be awarded to the apparent low bidder, York Excavating Company, Inc. for the bid price of $294,725.00. The Township Engineer also completed the review of the bids for the installation of a traffic signal at the intersection of Woodcrest Avenue. As a result of this review, they recommend the project be awarded to the apparent low bidder, C.M. High, Inc. for the bid price of $55,488.00. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to award the bid for roadway improvements on Woodcrest Avenue to York Excavating Company, Inc. for the bid price of $294,725.00; and to award the bid for the installation of a traffic signal at the intersection of Woodcrest Avenue to C.M. High, Inc. for the bid price of $55,488.00.

TOWNSHIP MANAGER’S REPORT: The Township Manager provided an update to the Board regarding the proposed Noise Ordinance. He explained the draft Ordinance will be reviewed with the Township Solicitor. In addition, Township staff will consider existing standards such as Statute 5503 which includes a provision on unreasonable noise, State regulations pertaining to firing ranges, and existing standards in the Zoning Ordinance which could be used to address noise issues.

The Township Manager explained that the Board has discussed the possible vacating of Carpenter Road. He explained that Township staff will submit information to the Lancaster County Planning Commission and PennDOT to determine the feasibility of vacating the roadway.

The Township Manager provided an update on the proposed Local Commercial zone, which will be considered at the Board’s meeting on April 21, 2010. He stated that the proposal has been resubmitted to the Lancaster County Planning Commission, and the Warwick Township Planning Commission for consideration of eliminating the rezoning of the three residential tracts (Walter, High & Achey) that were previously included in proposal.

The Township Manager explained that the Township received a letter from an attorney representing two Warwick Township residents who own land to the center line of the abandoned railroad right-of-way. The Board briefly discussed the letter. The letter states that the attorney’s clients consider any type of access on or about their property as being trespass, and both parties are willing to prosecute the matter to its fullest.

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

The Chairman reconvened the meeting at 9:00 a.m.

On a motion by Flosdorf, seconded by Chivinski, the Board voted unanimously to authorize the Township Manager to contact the police union to discuss a possible amendment to the existing police contract which would establish a policy for heart & lung procedures.

On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to adjust the Lieutenant’s salary to reflect new duties.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 9:07 a.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager