November 16, 1998

The Town Council of the Town of Easton met today at 7:00 P.M. The meeting was called to order by the President of the Council Mr. Willey, with the following members present: Mr. Ford, Mr. Mayer, Mrs. Clem and Mr. Heinmuller. Also attending the meeting were Mayor C. Eugene Butler, the Town Engineer Mr. Grunden, Chief of Police Harvey, the Town Attorney Mr. Kehoe, Assistant Town Engineer Mr. Glass, Superintendent of Public Works Mr. Brian Hause and Town Planner Mr. Hamilton.

The meeting was opened with prayer by Mrs. Clem followed by the Pledge of Allegiance.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, minutes of the November 2, 1998 meeting were approved as written.

Ms. Sharon Goebel of a Dickens of a Christmas Board passed out a brochure. She stated that they had chosen The Brighter Christmas Fund as their charity. She discussed their activities and the events planned.

Mr. John and Lori Yokerlist discussed the parade route, which would begin at East End. Ms. Eileen Deymier discussed the run/walk which was scheduled for Saturday, December 5 at 9:00 A.M. starting at the Courthouse. Ms. Deymier asked for the Council’s support and thanked them for their support in the past.

The President of the Council suggested inviting the Girl’s Field Hockey team to a Council meeting for recognition. Mr. Mayer stated that he could not believe how much the Dickens’ program has grown in four years and offered congratulations.

The President of the Council brought the Findings of Facts on the PUD application of Petrie, Dierman, and Kughn for the development of a shopping center on property owned by the Gannon Family L.P., located just east of US Route 50 and north of Chapel Road currently in agricultural use and presently zoned CL (Limited Commercial) to the floor.

The President of the Council stated that the Town Attorney had sent copies of the Findings of Facts and the amendment to the Council members. The Town Attorney discussed a slight change on the Findings of Facts, which clarifies some of the comments. The President of the Council asked for elaboration. The Town Attorney stated that one issue is whether or not the seventeen or eighteen required provisions comply with the Zoning Ordinance. The Town Attorney stated that one specific requirement was the avoidance of congestion on neighborhood roads. The President of the Council asked if there were any questions from the Council members. Mr. Heinmuller discussed a spelling error on page nine.

There being no further discussion, the President of the Council asked for a roll call vote on the Findings of Facts. The President of the Council stated that a "no" vote was a vote to deny the application for the PUD. The request for the PUD was unanimously denied following a roll call vote.

The President of the Council brought Resolution No. 5640 which would authorize the Town Clerk to abate and/or refund taxes due totaling $5,371.70 to the floor.

The President of the Council called for a roll call vote on Resolution No. 5640 which passed unanimously.

The President of the Council brought Resolution No. 5641 to the floor, which would authorize the budget transfer for a vehicle and a digital camera for the Building Inspection Department.

Upon motion by Mr. Mayer, seconded by Mrs. Clem, Resolution No. 5641 was carried unanimously following a roll call vote.

The President of the Council asked the Assistant Town Engineer Mr. Glass to comment on his memo regarding the North Easton Sports Complex.

Mr. Glass stated that he had put together a memo at the Council’s request. He briefed the Council members on the memo.

Mr. Mayer questioned whether the $12,500 cost was for both entrances. Mr. Glass stated that it was only for 129 Chapel Road. Mr. Mayer questioned whether this would include the railroad track. Mr. Glass stated that that was in the original entrance. The President of the Council questioned if this was over and above the original budget. Mr. Glass stated that it was. Mr. Heinmuller suggested that it could be an amenity for the fundraising group. Mr. Grunden stated that he thought they were more focused on site appurtenances. Mr. Mayer stated that the one entrance will be available and this could be budgeted in the upcoming year. Mr. Glass stated that this was correct. He discussed the plan at the railroad track.

Mr. Willey questioned the timeframe for installation. Mr. Glass stated that it was in the spring.

The President of the Council asked the Town Clerk if funds were available. The Town Clerk stated that funding could be looked for.

Upon motion by Mr. Heinmuller, seconded by Mr. Mayer and carried, permission was granted to place the entrance if the funding could be found.

At 7:17 P.M., the President of the Council opened the Public Hearing on the petition of Charles O. Parks and Minnie Ester Parks, et al., ("the petitioner") for the annexation of 7.598 acres lying contiguous to the existing boundaries of the Town of Easton, adjacent to the Woods at Stoney Ridge subdivision.

The Town Planner briefed on the location of the requested annexation. He discussed the signage, which was placed to notify the public. He discussed the sketch plan and the proposed major entrance. The Town Planner stated that the purpose of the annexation is to create a tie-in to allow the road system to work much better in the Corbin Parkway area. The Planning and Zoning Commission had recommended approval and found that the annexation was compatible with the Comprehensive Plan.

Mr. Heinmuller questioned whether trees that would be taken are in compliance. The Town Planner stated that the annexation does not consider the Forest Conservation Plan but that many trees would be removed. He stated that a minimum amount of trees required would be kept and that there would be one on each lot.

Michael J. Kopen, Esquire, representing Corbin Park, Inc., the contract purchaser was present. He discussed the tie-in and the improved road access. He stated that the area was identified as potential annexation and that it was consistent with the elimination of pockets within the town. He stated that Mr. David Wolcott of McCrone was present for technical questions and he requested the Council’s favorable action on the annexation and the zoning.

The President of the Council invited comments from Mr. Corbin or Mr. Wolcott.

Mr. Mayer questioned how wide the power line right-of-way was. Mr. Corbin stated that it was 150 feet.

Mrs. Clem stated that she would abstain due to a possible perceived conflict of interest.

Mr. Ford stated that the Planning Commission was on target and gave consistent support on this matter.

The President of the Council asked if anyone else would like to make comments during the Public Hearing. There was no response. The President of the Council closed the Public Hearing at 7:24 P.M.

The President of the Council questioned the Town Attorney whether it was okay to vote on the annexation tonight. The Town Attorney stated that the Ordinance could not be voted on since it had only a first reading but the Resolution could be voted on. The President of the Council asked for a motion on Resolution No. 5637, "A RESOLUTION TO ANEX CERTAIN LANDS OWNED BY CHARLES O. PARKS AND MINNIE ESTHER PARKS TO THE TOWN OF EASTON LOCATED ON THE EASTERLY SIDE OF U.S. ROUTE 50 AND THE SOUTH WESTERLY SIDE OF DUTCHMAN’S LANE AND CONSISTING OF 7.598 ACRES OF LAND, MORE OR LESS, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE ANNEXATION." Resolution No. 5637 was moved for passage by Mr. Mayer seconded by Mr. Ford and carried following a roll call vote with Mrs. Clem abstaining.

The President of the Council stated that Ordinance No. 379, "AN ORDINANCE OF THE TOWN OF EASTON ASSIGNING THE MEDIUM DENSITY RESIDENTIAL (R-10A) ZONING CLASSIFICIATIONS TO CERTAIN PROPERTY OWNED BY CHARLES O. PARKS AND MINNIE ESTHER PARKS, UPON THE ANEXATION OF THE PROPERTY INTO THE TOWN OF EASTON" was brought to the floor for a first reading.

The President of the Council referred to an update memo from the Traffic and Parking Commission. He stated that it looked like they had been busy. The President of the Council stated that he would like their input concerning Route 50 and Chapel Road area. He requested that a letter be sent again, concerning Route 50 and Dutchman’s Lane regarding the staggering of red lights like at Dover Street. The Mayor stated that there should be no right turn on red. He stated that he thinks this has to be looked at.

The President of the Council referred to a request from Mr. Larry Callahan, Vice President of Easton Lions Club for use of town property to sell Christmas trees and asked if there were any Council questions.

Mr. Mayer questioned whether this was to be on the Town property or the VFW property. The President of the Council stated that technically, this is on Potter’s Field which is Town property.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, permission was granted.

The President of the Council asked for a motion to approve invoices totaling $361,751.71. Mrs. Clem made the motion, was seconded by Mr. Mayer. Mr. Heinmuller questioned the number of items without purchase orders. The Town Clerk explained some and stated that he would have to get back to the Council on the one. Mr. Heinmuller questioned whether the Town Office was receiving purchase orders appropriately. The Town Clerk stated that they were. There being no further discussion, the motion to approve the invoices was then passed.

Ms. Rose Miles was present representing Easton Volunteer Fire Department, Inc. She discussed the Bull Roast and stated that it was very successful. Mr. Heinmuller stated that the Employer Appreciation Night Dinner was very impressive and very well done. Mrs. Clem stated that on behalf of those who were invited from the Town, she wanted to express that the Ladies Auxiliary did a great job.

The Mayor thanked the Fire Department for two great nights, the Employer dinner and the bull roast. He stated that he had only heard praise.

The Chief discussed a request from the Festival of the Trees to benefit Hospice for parking modifications and considerations from December 2 to December 22 as well as some police protection.

Mr. Mayer discussed the dates involved. The Chief stated that these could be handled. The Council indicated their approval.

The Chief discussed a request for Peace Walk to Bethlehem. He discussed minimal impact on the Town since only a minor part of their walk was in Town. He stated that the Police Department could handle this. The Council gave their approval.

Mr. Mayer stated that he had seen the Chief during the Waterfowl Festival and hoped that the Chief enjoyed the Festival.

Mr. Heinmuller stated that he liked the latest police department report. He stated that it had a lot of information that was useful. He suggested to the Chief that a year to year column be added if this could be done. The Chief discussed showing different priorities from one administration to the next. He stated that they are attempting to develop a twelve-month database. Mr. Heinmuller asked for a one-time look at year-to-year for comparison purposes.

Mrs. Clem asked for clarification on the rate of businesses which stay unlocked, as well as repeat offenders. The Chief stated that the Council members would see this on the next report.

Mr. Heinmuller discussed direct feedback on the Waterfowl Festival. He stated that the visitors indicated that they felt very safe. He stated that the Police Department was highly visible and friendly and he asked that the comments be passed back. He stated that the Police Department, the Town Office and Mr. Stanley did a great job.

The Town Engineer Mr. Grunden discussed the extra services provided during the Waterfowl Festival. He discussed progress on the Davis Avenue reconstruction. On the Utilities side, he discussed the restructuring and timetable for initiatives. He discussed the Eastern Shore Natural Gas issues and the attempted settlement as well as the intervention by the Easton Utilities Commission. He discussed bids for the Consolidated Office Building. He stated that the evaluation indicated costs were higher than expected.

The Town Engineer reminded the Council of the Joint Annual Meeting next Thursday. He discussed positioning of the Utilities in the future.

Mrs. Clem discussed Oxford Road information.

Mr. Heinmuller discussed Port Street, which he stated he believed was a state road, not a town road. He stated that he had noticed a lot of debris and heavy vegetation, which could be a drainage problem. He asked the Town Engineer to notify State Highway Administration.

The Town Attorney congratulated the Town Engineer and the Chief on their efforts during the Waterfowl Festival.

The President of the Council asked if there were any audience comments.

Mr. Ed Turner of EBMA invited the Council to a quarterly meeting tomorrow at 5:30 P.M. He also invited the people to a meeting on Saturday, December 5 from 10:00 A.M. until 12 noon where a consultant will meet with the Inner Courtyard owners. Mr. Turner stated that Mr. Joe Carrico, CPA, was present as a Board Member of EBMA.

The President of the Council went through the upcoming calendar.

Mr. Mayer offered congratulations to Mr. Ed Turner and Mr. Otis Sampson for trying for the elected offices.

Mrs. Clem discussed the Waterfowl Festival.

Mr. Heinmuller stated that the Town looked great during the Waterfowl Festival. He discussed the trash crews efforts and expressed appreciation. He thanked Mr. Lester Stanley for being a big help to the display upstairs in the Council room.

The Town Engineer stated that Mr. Brian Hause was present and Mr. Hause would pass on the comments to the crews.

The Mayor thanked the Fire Department for washing the streets down during the Festival.

The President of the Council asked if anyone else had anything else for the Council.

There being no response, upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, the meeting was adjourned at 7:51 P.M.

Town Clerk