Chairman W. Logan Myers convened the December 15, 2010 meeting of the Board of Supervisors at 7:00 p.m. Present were Supervisors W. Logan Myers, Michael Vigunas, C. David Kramer, Anthony Chivinski and Herbert Flosdorf. In attendance were Township Manager Daniel Zimmerman, Roadmaster Dean Saylor, Lieutenant Edward Tobin, Township Engineer Charles Hess, Nelson Peters, Bruce Garner, Katherine Hartsell, Kaitlyn Wilson, Helen Gemmill, and John Lippa. Gary P. Klinger from the Lititz Record Express represented the press.

GUEST RECOGNITION: Katherine Hartsell, 901 Lititz Pike, introduced her daughter Kaitlyn Wilson. Wilson stated that she is a 5^th grader at Kissel Hill Elementary School and read a statement into the record regarding her home at 901 Lititz Pike. Wilson expressed concern that the house she currently lives in would be demolished as part of a plan for a Members 1^st Credit Union proposed for the property. She stated that she is sad that she will not be able to show her children the house and teach them about its history.

Katherine Hartsell, 901 Lititz Pike, read a statement regarding her home at 901 Lititz Pike. She explained that the Municipalities Planning Code (MPC) requires municipalities to preserve historic buildings and natural lands in their zoning ordinances. She stated that although the Township includes language to this effect, it appears in only the Conservation and Village Overlay zones. She expressed the opinion that meaningful protection of historic and natural resources should be included throughout the zoning ordinance and should apply to all permits and land use applications that the Township receives. The statement indicates that the zoning ordinance was modified to require a historical record including photographs and any means necessary to document historical and cultural value. She expressed the opinion that recording history is not the same as protecting or preserving it. She added that the Township has other ordinances that require specific regulations to be met, and historic preservation should be one of these regulations. She requested the Board to consider including provisions that require landlords to advise potential tenants of pending sales agreements for any buildings they intend to lease. Kramer commended Hartsell’s efforts to preserve the home.

The Township Manager stated that Warwick Township is in compliance with the Municipal Planning Code with regard to historic preservation. He added that the MPC indicates that municipalities may include language to preserve historic properties, and does not require specific preservation language. He noted that it appears that Hartsell is requesting the Township to do more to preserve properties; and he simply wanted to clarify the issue for the record.

Flosdorf stated that the term "historically significant" is a legal term; and the Township spent a substantial amount of money to have every building that is over 50 years old surveyed and documented in order to determine those that are historically significant. He explained that this survey was performed by a historian based on specific criteria, and not simply the opinion of those performing the survey. He added that a professional determined that the home at 901 Lititz Pike was not historically significant. He added that although the property is deemed historic by local authorities, it is a Class III building, and therefore not legally classified as historically significant with regard to preservation requirements. Hartsell stated that although the home might not be historically significant on a national level, the home should be historic to the community based on the individuals who owned the home.

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

TREASURER'S REPORT: The Board reviewed the Treasurer's Report. On a motion by Flosdorf, seconded by Chivinski, the Board voted unanimously to approve 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 Kramer, the Board unanimously approved the payment of bills from the General Fund in the amount of $241,970.87

TOWNSHIP MANAGER'S REPORT: The Township Manager provided a status report on the Police Feasibility Study. He explained that the subcommittee has requested that an addendum be prepared to the draft of the study to address the withdraw of Ephrata Township for next year. The estimated time to complete the addendum is 1-2 months.

The Township Manager provided a status report on the rails-to-trails study. He explained that Akron Borough is proceeding with preparing construction bids to complete Phase I of the regional rails-to-trails in their jurisdiction.

The Township Manager provided an update on the Joint Strategic Plan. He explained that the Regional Economic Committee is discussing the potential for an Economic Development Corporation to serve the Lititz/Warwick region. He explained that another issue that would be discussed is improvements to the Lititz Run Watershed. He noted that volunteers have been testing water at the tributaries within the Lititz Run Watershed for one year in order to compile data about the health of the overall watershed.

The Township Manager provided a status report on the Alternate Energy Committee. He explained that the draft of the zoning amendment will be forwarded to the Township Solicitor.

The Township Manager provided a status report on contract negotiations. He explained that the first meeting was completed, and added that the Township is waiting on a response from union representatives.

The Township Manager provided a status report on the need for an Emergency Management Coordinator (EMC) volunteer. He explained that Township staff is hoping to have a candidate in place in time for the Board’s reorganization meeting on January 3, 2011.

The Township Manager provided a status report on the Lancaster County Tax Collection Bureau. He explained that he currently serves on the Lancaster County Tax Collection Bureau Board, and he would need to be reappointed by the Board of Supervisors in order to continue to serve in this capacity. On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to reappoint the Township Manager to serve on the Lancaster County Tax Collection Bureau Board.

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

PUBLIC WORKS DEPARTMENT REPORT: The Roadmaster presented a report that outlines the activities of the Public Works Department during November, 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 November, 2010. The Board commended the Police Department for their work on the Blue Christmas program, the accreditation program, and the Sergeant’s follow-up reports.

ZONING OFFICER'S REPORT: The Township Manager presented a report prepared by the Code and Zoning Officer that outlines the Zoning/Building permits issued in November, 2010. He outlined the cases heard at the Zoning Hearing Board's November 10, 2010 meeting. The Board unanimously approved the Zoning Officer's Report.

COMMUNICATIONS: The Board received a copy of the November, 2010 edition of the PSATS NewsBulletin publication.

CONSIDER REQUEST BY UNITED ZION RETIREMENT COMMUNITY FOR RELEASE OF LETTER OF CREDIT: 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 conditionally release the entire $27,403.20 Letter-of-Credit account. On a motion by Flosdorf, seconded by Kramer, the Board voted unanimously to conditionally release the Letter-of-Credit for United Zion Retirement in its entirety.

CONSIDER THE CONDITIONAL USE DECISION FOR APPLICATION FOR NEWPORT SQUARE SOLAR PROJECT: The Board reviewed the draft decision. The Township Manager explained that the draft of the decision would approve the Conditional Use request for solar panels within the Village Overlay area on an R-2 Residential zoned tract fronting Newport Road, and would deny the request for the installation of ground mounted solar panels in Basin C since this would be a violation of the open space provisions for the project. Vigunas inquired whether the approval applies to the use of the property, or the type of solar structures that would be installed. The Township Manager explained that the approval would be for the use, and added that the structural design would be part of the building permit application. Flosdorf stated that the decision only addresses the height of the solar panels, and not the architectural style. The Township Manage explained that the decision references the architectural drawings; however, the decision is in draft form and the Board could modify the draft to indicate that the applicant must adhere to the architectural design as illustrated on the drawing. Kramer inquired whether the proposed design could be different than that adopted as part of a new alternative energy ordinance. The Board is in agreement that if the panels are installed prior to the Ordinance adoption, then they would be grand-fathered. Kramer stated that the developer specifically agreed to abide by the regulations of the alternative energy ordinance at the public hearing. The Township Manager explained that the language of the draft decision could be modified to include this stipulation. The Board briefly discussed the draft decision. Flosdorf suggested that the Applicant provide proof of a lease agreement, and an agreement with the power company to purchase the electricity, prior to any building permits being issued for the project. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to table action on the Conditional Use decision for the Newport Square solar project.

CONSIDER THE CONDITIONAL USE DECISION FOR APPLICATION FROM MEMBERS 1st FEDERAL CREDIT UNION: The Board reviewed the draft decision. The draft decision would grant conditional approval for the drive-through facility for the proposed Members 1^st Federal Credit Union. Bruce Garner, representing the current property owner (Walter), explained that the property owner is reviewing costs to relocate the home on the property; however, no final decision has been made. He noted that options regarding other buildings on the property are currently being reviewed as well. On a motion by Flosdorf, seconded by Kramer, the Board voted unanimously to approve the decision as drafted.

CONSIDER THE 30-DAY TIME EXTENSION REQUEST FOR SHOPPES AT KISSEL VILLAGE NORTH EXPANSION: The Board reviewed the request. On a motion by Flosdorf, seconded by Chivinski, the Board voted unanimously to grant an extension of time until January 19, 2011 for the Shoppes at Kissel Village North Expansion.

CONSIDER RESOLUTION #12-15-10-01 ESTABLISHING THE REAL ESTATE MILLAGE RATE FOR 2011: The Board reviewed the Resolution. The Township Manager explained that this would represent the 21^st consecutive year that the Township has maintained its millage rate. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to enact Resolution #12-15-10-01 as written.

CONSIDER ADOPTION OF THE 2011 FISCAL BUDGET: The Board reviewed the draft of the 2011 Fiscal Budget. The Board briefly discussed the proposed budget. On a motion by Vigunas, seconded by Chivinski, the Board voted unanimously to adopt the 2011 Fiscal Budget as drafted.

CONSIDER RESOLUTION #12-15-10-02 ESTABLISHING THE MONTHLY PENSION CONTRIBUTION TO THE POLICE PENSION PLAN: The Board reviewed the resolution. The Resolution would require each active participant to contribute 2% of his/her gross wages to the Police Pension Fund. On a motion by Chivinski, seconded by Kramer, the Board voted unanimously to enact Resolution #12-15-10-02 contingent upon amending the second paragraph to indicate that the mandatory contribution may be up to 5% (rather than "shall be").

CONSIDER MOTION FOR EXECUTION OF THE SEIBERT PRESERVATION AGREEMENT WITH LANCASTER FARMLAND TRUST: The Township Manager explained that the Seibert preservation agreement includes provisions for a conservation easement. The agreement would authorize 9 TDRs generated by Seibert’s easement donation to Lancaster Farmland Trust. On a motion by Vigunas, seconded by Kramer, the Board voted unanimously to authorize execution of the Seibert Preservation Easement to authorize 9 TDRs for the Seibert property to be donated to Lancaster Farmland Trust. The Township Manager noted that Lancaster Farmland Trust will pay all costs of preserving the farm.

CONSIDER RESOLUTION #12-15-10-03 AUTHORIZING ADOPTION BY DEDICATION OF RELOCATED PORTIONS OF KISSEL HILL ROAD AND STAUFFER ROAD; AND AUTHORIZING EXECUTION OF QUIT CLAIM DEEDS FOR VACATED PORTIONS OF KISSEL HILL ROAD AND STAUFFER ROAD IN CONNECTION WITH THE LANCASTER AIRPORT RUNWAY EXTENSION AND IMPROVEMENT PROJECT: The Board reviewed the Resolution. On a motion by Flosdorf, seconded by Vigunas, the Board voted unanimously to enact Resolution #12-15-10-03 as written.

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

ADJOURNMENT: Upon reconvening the meeting, and with no further business to come before the Board, the meeting was adjourned at 8:23 p.m.

Respectfully submitted,

Daniel L. Zimmerman
Township Manager