Chairman W. Logan Myers convened the July 21, 2010 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, C. David Kramer, Anthony Chivinski, Herbert Flosdorf, and Michael Vigunas. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Code and Zoning Officer Thomas Zorbaugh, Lieutenant Edward Tobin, Township Engineer Charles Hess, Jonathan Andrews, Aaron Navarro, Jennifer Mejia, Joyce Gerhart, Curt Evans, Nelson Peters, Kevin Varner, Bruce Garner, John Lippa, Edward Steffy, and Bob Lamb. Laura Knowles of Lancaster Newspapers, and Gary Klinger of the Lititz Record Express, represented the press.

SWEARING IN OF FIRE POLICE OFFICER EDWARD STEFFY: The Chairman performed the swearing in of Edward Steffy as a Rothsville Fire Police Officer. The Chairman commended Steffy for his willingness to serve as a volunteer.

APPROVAL OF MINUTES: On a motion by Flosdorf, seconded by Chivinski, the Board unanimously approved the minutes of the June 2, and June 16, 2010 Board meetings as submitted.

TREASURER’S REPORT: The Board reviewed the Treasurer’s Report. On a motion by Flosdorf, 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 Flosdorf, seconded by Vigunas, the Board unanimously approved the payment of bills from the General Fund in the amount of $350,212.00.

TOWNSHIP MANAGER’S REPORT: The Township Manager provided a status report on the Police Feasibility Study. He explained that four municipalities (including Warwick Township) have agreed to discuss a regional police proposal. The agreement for the study is being executed and Carl Segatti has started gathering data from the other 3 municipalities. The study should be completed in approximately 90 days.

The Township Manager provided a status report on several recreation projects. He explained that the Township received a right-to-know request from Mr. Lutz's attorney seeking information on the purchase of the right-of-way from Pagnotti Enterprises.

The Township Manager provided a status report on a shared Zoning Officer with West Earl Township. He explained that arrangements to share Warwick Township’s Zoning Officer, Tom Zorbaugh, as their Zoning Officer have been completed.

The Township Manager provided a status report on fire police. He explained that at the last WESA meeting held on July 12, 2010, a great deal of discussion took place on dealing with special events and their impact on the capability of the fire police. A number of options are being explored to resolve this issue. He explained that one option is the creation of an "event staff" to assist during special events, rather than using fire police.

The Township Manager provided a status report on the West Millport Road/Woodcrest Avenue Project. He explained that the project continues, and detour work is being scheduled for the next two weeks.

The Township Manager provided a status report on contract negotiations. He explained that the union has not contacted the Township to start discussion as of this date.

The Board unanimously approved the Township Manager’s report.

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

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster provided a report that outlines the activities of the Public Works Department during June, 2010.

The Roadmaster requested authorization to purchase a new wheel loader. He explained that Township staff has applied for grant funding for a wheel loader at the Leaf and Woody Yard Waste drop-off site on two occasions; however, each grant application was denied. He explained that he reviewed the potential purchase of a used piece of equipment and added that due to the economy, firms are providing additional discounts for purchase of new equipment. He submitted a proposal for a new wheel loader provided by Cleveland Brothers. The Township Manager explained that the existing grader is 20 years old, and the trade-in value is reduced due to its age. In addition, the Public Works Department has been using the grader as part of its snow plowing operations, and a wheel loader would be better suited for this purpose. He noted that, if necessary, the Township could rent a Grader for the occasional projects where a grader is needed. He noted that the trade-in offer is $10,500.00; and the purchase price is less than originally quoted in 2007. He explained that Cleveland Brothers is allowing the Township to pay a portion this year, and the balance in 2011 due to budget constraints. He added that the proposal would delay replacement of a 1999 F550 dump truck which would have been scheduled for replacement in 2011. On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to authorize the purchase of a Caterpillar Wheel Loader in accordance with the Roadmaster’s letter to the Board dated July 14, 2010.

POLICE DEPARTMENT REPORT: Lieutenant Tobin presented a report that outlines the activities of the Police Department during June, 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 June, 2010. He explained that the Zoning Hearing Board did not meet in June since no zoning applications were submitted for review. The Board unanimously approved the Zoning Officer’s Report.

COMMUNICATIONS: The Board received a letter from Lititz Public Library thanking the Township for its 2^nd quarter, 2010 contribution.

The Board received a letter from Lititz recCenter thanking the Township for its 2^nd quarter, 2010 contribution.

The Board received a letter from the Executive Director of Lancaster Farmland Trust, thanking them for approving their request to use streets within the Township for their 2010 Pedal to Preserve event that was held on June 5^th. The Trust raised over $64,000 for farmland preservation efforts, with 1,100 people participating in the bike ride.

The Board received a copy of the June, 2010 edition of the PSATS NewsBulletin publication.

The Board received a copy of a letter from the Humane League indicating that they will be raising their fees by 4% for the upcoming year.

The Board received a copy of a memo sent by PSATS Executive Director, David M. Sanko. The memo outlines issues relating to the State Budget, and the impact of Act 46. Act 46 extends most state and municipal development permit, authorizations, and agreements until July 2, 2013. This extension period also applies to any permit, authorization, approval or agreement that was approved prior to December 31, 2008 and would have expired during the extension period. The Act was added to provide relief to developers and applicants whose developments have been stalled during the present economic conditions. The memo stipulates that any permit, approval, authorization or agreement relating to development that was issued or would expire between December 31, 2008 and July 2, 2013 by the state or local government will be automatically extended until July 2, 2013.

CONSIDER THE TIME EXTENSION REQUEST FOR CVS PHARMACY: The Board reviewed the request. On a motion by Vigunas, seconded by Flosdorf, the Board voted unanimously to grant an extension of time until December 20, 2010 for the CVS Pharmacy.

CONSIDER THE REQUEST BY JOHN & MARTHA SMUCKER FOR RELEASE OF LETTER OF CREDIT: The Board reviewed the request. The Township Engineer commented that based on their recent observation of construction progress at the site, they recommend the Township release the entire $18,164.00 Escrow account. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to release the Escrow account for John & Martha Smucker in its entirety.

CONSIDER THE WAIVER REQUEST FOR LUTHER ACRES - HERSHEY WING EXPANSION FOR A STORM WATER MANAGEMENT APPLICATION SUBMITTED BY RGS ASSOCIATES: Joyce Gerhart, representing RGS Associates, explained that Luther Acres is proposing additions to the Hershey Wing facility on their existing campus. All proposed improvements are located within Lititz Borough; however, a portion of the site drains to Warwick Township. This portion of the site flows to an existing detention basin on the Luther Acres property at the corner of Saint Mark Avenue and Rothsville Road in Warwick Township. The stormwater facilities proposed in conjunction with the Hershey Wing Expansion have been designed to meet the Township peak rate requirements for the drainage area flowing to the existing detention basin to ensure there is no adverse impact on the existing basin. In addition, all proposed stormwater facilities are located within Lititz Borough.

Gerhart reviewed the Township Engineer’s comment letter dated July 14, 2010. The Applicant is requesting a Waiver of Section 270-4 of the Stormwater Management Ordinance, since no portion of the Luther Acres Hershey Wing Expansion is located within Warwick Township. The Township Engineer recommends approval of the Waiver contingent upon the Township deferring all approvals and administration of the project to the jurisdiction of Lititz Borough, and upon addressing their comment letter and any comments of Township staff. On a motion by Flosdorf, seconded by Kramer, the Board voted unanimously to grant a Waiver of Section 270-4 contingent upon the Township deferring all approvals and administration of the project to the jurisdiction of Lititz Borough, and upon the Township Engineer’s comments being addressed.

CONSIDER THE INFORMAL SKETCH PLAN SUBMITTAL BY MEMBERS FIRST CREDIT UNION: The Township Manager explained that the submittal is an informal request by the Applicant for the Board’s input. He explained that the Applicant met with Township staff previously to discuss the proposal. He explained that the site is located on the Walter tract at the intersection of Owl Hill Road and SR 501. He noted that the Planning Commission reviewed the proposal at their June 23, 2010 meeting. He explained that an approximate 8,627 square foot portion of the adjoining residential tract would need to be rezoned to Local Commercial, and conveyed to the Applicant, in order to accommodate the proposal. He added that the use would also require Conditional Use approval for the drive-through lanes. He stated that the Applicant would like the Board's input on the issue to determine whether they would be agreeable to the proposal and the minor rezoning.

The Township Manager explained that the lot was recently rezoned from Community Commercial to Local Commercial. He noted that during the hearing, neighboring residents had expressed concerns related to traffic, level of impact, compatibility of uses, and the preservation of wetlands and woodlands on the tract would need to be addressed by the Applicant.

Aaron Navarro, representing the J. Michael Brill & Associates, detailed the location of the site. He stated that the proposal involves two tracts owned by the same party (Walter). The Local Commercial zoned tract contains an existing residential dwelling and outbuilding, and the other tract, which is the residentially zoned tract, is vacant. He explained that the project presented to the Planning Commission proposed a 4,279 square foot building; however, in an attempt to address the Commission’s comments, the proposed building size was reduced to 3,480 square feet. The plan has also reduced the number of drive-through lanes from 3 to 2 lanes in addition to an ATM lane. The number of parking spaces has been reduced from 34 spaces to 26 proposed parking spaces. Navarro explained that the branch would employ 8-9 individuals. He added that Members First has 40 branches and the parent company is located in Mechanicsburg.

The lot would be accessed via a shared drive between the Local Commercial zoned tract and the residential zoned tract. There would not be any direct access to SR 501. Navarro explained that the proposal would require three Variances. The Variances are Section 340-16.1-f(1) pertaining to front yard setback, Section 340-66-f, pertaining to a 200' setback from residential properties (from the adjoining Walter tract), and Section 340-16-1-f(4) pertaining to buffer yard location. The Township Manager outlined the proposed access for the benefit of the Board. He explained that the project includes a proposal to extend the left turn lane on Owl Hill Road. The access through the residential tract, which would serve this commercial tract, includes an access that could serve potential residential lots on the vacant tract. Navarro noted that the property owner has no intent to develop the residential lot at this time.

The Board is agreeable to the proposal as presented. Flosdorf expressed the opinion that the use is good for the intersection, rather than a high traffic use such as a gas station.

CONSIDER THE JOHN KING STORM WATER MANAGEMENT APPLICATION AND WAIVER OF LAND DEVELOPMENT PLAN: The Township Manager explained that the project includes a proposal for right-of-way to extend West Sixth Street to meet the portion of the roadway in Lititz Borough. The plan proposes relocating an existing dwelling from Second Avenue to this lot. He noted that this lot was part of the original Minnich tract. In addition, the proposal would provide additional right-of-way along Woodcrest Avenue.

The Township Manager explained the lot would be served by public sewer and public water. He noted that the property owner has not requested compensation for the proposed right-of-way. He explained that the plan is required to address stormwater management since the lot is currently vacant.

The Applicant is requesting a Waiver of Section 285-7 pertaining to Preliminary Plan submittal, and Section 285-7.D pertaining to Final Plan submittal. The property owners have prepared a Stormwater Management Plan to address the additional impervious cover being added to the property. On a motion by Flosdorf, seconded by Chivinski, the Board voted unanimously to grant a Waiver of Section 285-7 and a Waiver of Section 285-7.D as requested.

CONSIDER THE PELSINSKI/MARTIN TRACT REVISED FINAL SUBDIVISION PLAN, PREPARED BY DIEHM & SONS, DATED 5/25/2010: Kevin Varner, representing Diehm & Sons, explained that the site consists of two lots. Lot 1 is located on the east side of Landis Valley Road, and Lot 2 is on the north side of Fairview Drive. Both lots contain existing dwellings and outbuildings. In addition, both lots are zoned R-1 and are served with public water and public sewer. The plan proposes to convey an approximate 15,113 square foot tract from Lot 1 to Lot 2. He explained that the resultant area of Lot 1 would be 1.4 acres, and the resultant area of Lot 2 would be 1.99 acres.

Varner addressed the Township Engineer’s comment letter dated June 16, 2010. On a motion by Chivinski, seconded by Vigunas, the Board voted unanimously to approve the Pelsinski/Martin Revised Final Subdivision Plan contingent upon the Township Engineer’s comments being addressed.

DISCUSS DRAFT TO THE ZONING ORDINANCE FOR ALTERNATE ENERGY STANDARDS: The Township Manager explained that the Board requested Township staff to review regulations pertaining to alternative energy standards. He explained that the draft also includes a proposal to regulate slopes over 25 percent. He noted that other municipalities are also considering similar amendments to address alternative energy.

The Ordinance also includes several performance standards relating to compatible accessory uses in residential zones. He stated that these modifications are an attempt to address issues that were previously discussed by the Board. He stated that the draft Ordinances are provided for the Board’s review and information and could be modified by further discussions.

Flosdorf expressed the opinion that additional regulations are needed for wind energy since windmills are noisy. In addition, the regulations should differentiate between individuals installing solar panels on their property to serve their dwelling, as opposed to individuals who wish to install solar panels and sell electricity back to PPL. He also suggested that the Ordinance pertaining to 25 percent slopes be modified to allow certain uses without imposing a hardship on property owners. He acknowledged that the Ordinance is intended to protect against erosion, and expressed the opinion that there is other language that could be used to protect these areas.

The Township Manager stated that they will continue to modify the draft based on these discussions.

CONSIDER AUGUST LANCASTER COUNTY SUPERVISOR'S ASSOCIATION MEETING: The Board received an invitation to attend the Lancaster County Association of Township Supervisors meeting on August 26, 2010. Chairman Myers and Flosdorf indicated that they will be attending the meeting.

CONSIDER RESIGNATION OF W. GEOFF MILLER AS THE COORDINATOR FOR WESA: The Board acknowledged the resignation. The letter indicates that Miller has accepted a position as a part-time Firefighter/EMT with Manheim Township Fire/Rescue. On a motion by Chivinski, seconded by Vigunas, the Board voted unanimously to accept the resignation of W. Geoff Miller as the WESA Coordinator.

CONSIDER RESIGNATION OF AMOS MILLER AS SEO EFFECTIVE 12/31/2010: The Board acknowledged the resignation. The Township Manager explained that Miller has served as SEO for 25 years. He noted that he would serve as alternate SEO after his resignation becomes effective on December 31, 2010. On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to accept the resignation of Amos Miller as SEO.

CONSIDER REQUEST BY THE WINDSOR POINTE COMMUNITY FOR THEIR ANNUAL GET-TOGETHER EVENT: The Board reviewed the request. On a motion by Flosdorf, seconded by Kramer, the Board voted unanimously to authorize the Windsor Pointe Community’s annual community get-together on Saturday, August 14, 2010.

CONSIDER THE REQUEST BY AMERICAN LEGION FOR VA HOSPICE RIDE: The Board reviewed the request. On a motion by Chivinski, seconded by Vigunas, the Board voted unanimously to authorize the American Legion Riders of Post 56 VA Hospice Ride on August 22, 2010.

ADJOURNMENT: With no further business to come before the Board, the meeting was adjourned at 8:35 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager