Chairman W. Logan Myers convened the April 21, 2010 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, C. David Kramer, and Michael Vigunas. Anthony Chivinski and Herbert Flosdorf were absent. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Lieutenant Edward Tobin, Township Engineer Charles Hess, Nelson Peters, A. Richard Erisman, Sam & Betty High, Barb Kunkel, Joe Minjock, Jackie Heck, Corey Heck, Charles & Betty Harsh, Brandon Rowe, Art & Jane Myers, Gary Gillman, Todd & Chris Wilson, Tracy Bosis, Rob Gotlien, and Jason Mitchell.

SWEARING IN OF BRUNNERVILLE FIRE POLICE JAY ROBERT WEAVER: The Chairman explained that Jay Robert Weaver was sworn in prior to commencement of this evening’s meeting. He commended Weaver for his willingness to volunteer his service to the Brunnerville Fire Police.

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

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. The Township Manager explained that the Township has received information from the Federal Emergency Management Agency (FEMA) indicating that some of the snow removal costs from the two winter storms might be reimbursable. On a motion by Vigunas, seconded by Kramer, 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 Kramer, seconded by Vigunas, the Board unanimously approved the payment of bills from the General Fund in the amount of $285,864.93.

TOWNSHIP MANAGER’S REPORT: The Township Manager provided a status report on the Police Feasibility Study. He explained that the next meeting is scheduled for May 3, 2010.

The Township Manager provided a status report on the Warwick Regional Recreation Commission (WRRC). He stated that as part of the update to the Regional Recreation Strategic Plan, a cost analysis was performed to determine whether additional cost saving measures could be implemented. He explained that the cost analysis determined that due to the creation of WRRC, significant cost savings have occurred due to the regional nature of the Commission with regard to grant funding.

The Township Manager provided an update on Act 4. He explained that Act 4 is pending legislation that would freeze the millage rate (not the assessed value) of a farm at the time it is preserved. He noted that the affected taxing agencies (County, Municipal and School District) would need to authorize implementation of the Act if it is approved by the legislation.

The Township Manager provided a status report on the Snavely Mill Road project. He noted that Township staff is in the process of addressing the residents questions regarding the project.

The Township Manager provided a status report on the Millport Road/Woodcrest Avenue intersection project. He explained that the project bids were awarded at the Board’s April 7, 2010 regularly scheduled meeting.

The Township Manager provided a status report on Noise regulations. He explained that the Board had the opportunity to discuss the option of developing a separate stand alone noise ordinance. The Township Solicitor explained the pros and cons of using a separate ordinance or using existing regulations to address concerns relating to noise.

The Township Manager noted that it appears that the Board prefers to use existing regulations such as Section 5503 of the Crimes Code, and that Township staff should evaluate if the Township can improve standards under the Zoning Ordinance. He explained that Township staff is currently evaluating these options, as well as reviewing regulations on alternate power such as solar and wind energy.

The Board unanimously approved the Township Manager’s report.

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

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster provided a report that outlines the activities of the Public Works Department during March, 2010. 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 March, 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 March, 2010. The report also summarizes the case heard by the Zoning Hearing Board at their March 18, 2010 meeting. The Board unanimously approved the Zoning Officer’s Report.

COMMUNICATIONS: The Board received a copy of a letter sent by the Township’s Sewage Enforcement Officer (SEO) to a resident whose septic system is not working properly. The letter indicates that the resident has not followed up with the repairs, and legal action would be taken to resolve the violation if the SEO is not contacted within 5 days from the date of the letter.

CONSIDER REQUEST FOR A TIME EXTENSION FOR THE DALE & KATHRYN STOLTZFUS FINAL SUBDIVISION PLAN: The Board reviewed the request. On a motion by Kramer, seconded by Vigunas, the Board voted unanimously to grant an extension of time until July 7, 2010 for the Dale & Kathryn Stoltzfus Final Subdivision Plan.

CONSIDER REQUEST FOR A REDUCTION OF LETTER OF CREDIT FOR THE HURST/BEILER PROJECT: The Board reviewed the request. The Township Engineer commented that based on their most recent observation of construction progress at the site, compared with the original Letter-of-Credit estimate amounts, they recommend the Township release $35,102.00 from the current Letter-of-Credit account. The retainage ($26,325.00, includes 10% contingency) represents their estimate of the costs to complete the remaining site improvements. The Township Manager explained that the Township received a letter from the bank indicating that they were cancelling the Letter-of-Credit. He stated that the Township sent the bank a certified letter advising that they can not cancel the Letter-of-Credit since the project has not been closed-out. He requested the Board to consider two actions on the Letter-of-Credit. One would authorize the reduction in accordance with the Township Engineer’s comment letter dated April 12, 2010. The other would authorize the Township to call the Letter-of-Credit in the amount authorized by the agreement. The Township Manger explained that he advised the developer that the Township will call the balance due on the Letter-of-Credit if it is not replaced or renewed. The Township Manager noted that the letter from the bank provides the Township until April 30, 2010 to call the Letter-of-Credit. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to release $35,102.00 from the current Letter-of-Credit account for the Hurst/Beiler project. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to authorize Township staff to call the Letter-of-Credit for Hurst/Beiler for the balance due of $26,325.00 if the bank does not replace the current Letter-of-Credit.

CONSIDER THE REVISED FINAL SUBDIVISION/LAND DEVELOPMENT PLAN FOR CVS PHARMACY AND KELLER BROTHERS DODGE: The Township Manager explained that the Board previously approved the site for a Rite Aid Pharmacy. He noted that the plan had been reviewed by the Township throughout a 14-month period. Subsequently, representatives of Rite Aid indicated that they are not building additional stores and are not proceeding with a store at this location. Representatives of CVS Pharmacy began the process of resubmitting the plan as a revised final plan since only minor modifications are proposed, and the equitable ownership has changed.

Brandon Rowe, representing Bohler Engineering, explained that they are attempting to use the existing approvals that were granted to the previous project. He explained that the previous Rite-Aid building was over 14,000 square feet in size, and the proposed CVS contains approximately 13,281 square feet.

Rowe added that they are proposing the same access points as previously approved; in addition, the site layout remains relatively unchanged. He explained that the proposed drive-through location has been modified since the shape of the building has been modified slightly from the previous proposal. He noted that the southeast corner of the proposed Rite-Aid was squared; however, the proposed CVS building design has a "cut" corner. He explained that on March 10, 2010, the Zoning Hearing Board granted a 12-month extension to the CVS Pharmacy for the project. The extension was granted for the Variances that were originally approved for the Rite Aid Pharmacy project. In addition, at their meeting on January 27, 2010, the Warwick Township Planning Commission members agreed that if the Waiver requests granted for the CVS Pharmacy project are unchanged, and the Applicant agrees to the conditions, the Waivers may be applied to this project. They also recommended approval of the CVS Pharmacy/Keller Brother Dodge Revised Final Plan.

Rowe addressed the Township Engineer’s comment letter dated March 29, 2010. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to grant the Waivers for the CVS Pharmacy/Keller Brothers Dodge project that were previously granted for the Rite-Aid project [Section 285-7.C; Section 285-27.J; Section 285-27.L(1); Section 285-27.P(5) and 285-27.K(2); Section 285-28.B(1)(d); Section 285-28.B(2); and Section 285-28.C(1)].

On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to approve the Revised Final Subdivision/Land Development Plan for CVS Pharmacy/Keller Brothers Dodge contingent upon the Township Engineer’s comments being addressed, upon execution of the dedication certificate, upon submittal of Letter-of-Credit amounts to the Township, upon the Escrow amount being submitted to the Township, upon receipt of a copy of the HOP from PennDOT, upon recording of the storm water management agreement, and upon a pre-construction meeting being scheduled with Township staff.

CONSIDER REQUEST FOR TIME EXTENSION TO RECORD THE SHOPPES AT KISSEL VILLAGE PLAN: The Board reviewed the request. On a motion by Kramer, seconded Vigunas, the Board voted unanimously to grant an extension of time until July 21, 2010 for the Shoppes at Kissel Village Plan.

CONSIDER ORDINANCE #244 TO ESTABLISH THE LOCAL COMMERCIAL ZONE AND ESTABLISH STANDARDS: The Board reviewed the Ordinance. The Township Manager explained that a public hearing was held on March 17, 2010 to review the Ordinance. At that time, the Board closed the public hearing and tabled action on the proposal, and requested the proposal to be re-evaluated by both the Lancaster County Planning Commission and the Warwick Township Planning Commission without the rezoning of the 3 residentially zoned properties to the LC zone. He stated that both the Lancaster County Planning Commission and the Warwick Township Planning Commission expressed the opinion that the modified proposal does not represent a significant change to the original proposal, and would not require a modification of the text or intent of the proposed Ordinance. He explained that the Warwick Township Planning Commission recommended that the residentially zoned properties that were proposed as part of the LC zone retain their residential zoning, and the respective property owners could submit a rezoning petition with additional information if they want the Township to further consider the issue.

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

A resident who lives along New Haven Drive stated that there is an underground stream that runs along the area, and the water table seems to rise every 5 years which causes flooding at several properties along New Haven Drive. The Chairman acknowledged that any development that would occur in this area would need to address the issue.

A resident expressed appreciation to the Board for their consideration in eliminating the rezoning of the residential properties as part of the LC rezoning proposal.

On a motion by Kramer, seconded by Vigunas, the Board voted unanimously to adopt Ordinance #244, which eliminates the rezoning of the residentially zoned properties.

CONSIDER BIDS RECEIVED FOR MACADAM AND ROAD MATERIALS: The Board reviewed the bid summary. He stated that Township staff recommends to award the 2009 paving and road work bids to the respective low bidder as itemized on the bid summary dated April 14, 2010. On a motion by Kramer, seconded by Vigunas, the Board voted unanimously to award the paving & fabric bid to Highway Materials for a bid price of $288,487.68; to award the bid for widening to Recon Construction Services for a bid price of $20,682.90; to award the aggregate bid to DM Stoltzfus for a bid price of $19,040.00 FOB and to Rohrer’s Quarry for a delivered bid price of $30,695.00 delivered; to award ID FOB bids to Highway Materials for a bid price of $92,585.00; to award the concrete bid to Rohrer's Quarry for a bid price of $27,195.00 in accordance with the bid summary dated April 14, 2010.

CONSIDER BIDS RECEIVED FOR THE SALE OF ONE BACKHOE: The Township Manager explained that the Township received a bid from Caterpillar to purchase the backhoe, and reduce the cost to purchase a new Backhoe by $6,000.00. He explained that with the revised pricing, the Township proposal would be over-budget by only $2,000.00. He noted that the equipment and costs are shared with the WTMA (75% Township / 25% WTMA). The Township Manager explained that the Township also budgeted for the cost of a used payloader and the Township will consider the purchase. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to accept the bid submitted by Caterpillar for a backhoe and authorize the purchase of a new backhoe.

CONSIDER RESOLUTION #04-21-10-01 TO JOIN WITH WEST EARL TOWNSHIP TO JOINT-BID MICRO-SURFACING AND CHIP SEAL COATING: The Board reviewed the resolution. The Township Manager explained that in order to reduce costs, the Township proposes to bid micro-surfacing and chip seal coating with six other municipalities. He explained that West Earl Township would be the lead on the bid. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to adopt Resolution #04-21-10-01 to authorize West Earl Township to administer the co-operative purchasing program for micro-surfacing and chip seal coating.

OTHER BUSINESS TO COME BEFORE THE BOARD: The Township Manager explained that the Township recently received a grant from DEP to reduce energy consumption at the Township building by 30%. He explained that lighting will be retrofitted in the Municipal Building, the Police Department Building and the Public Works Building to replace the existing bulbs with more energy efficient bulbs. He explained that the Township is in the process of researching "cool roof" designs. He explained that the Municipal Building currently has a 10-year old metal roof that needs maintenance work. The "cool roof" design would alter the color of the roof to coordinate with the building and extend the life of the roof over 10-year increments. The Board reviewed the information relating to "cool roof" designs. The Township Manager explained that grant funding requires stringent criteria. He requested the Board’s authorization to bid a "cool roof" design. On a motion by Kramer, seconded by Vigunas, the Board voted unanimously to authorize Township staff to advertise bids for a "cool roof" design.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:11 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager