Borough Council

MINUTES Stroudsburg Borough Council Meeting Tuesday, July 19, 2016 at 7 p.m. 1. Call Meeting to Order/Roll Call: President Ken Lang called the meeting to order at 7:00 p.m. Borough Manager Cathryn Thomas called roll. Present were President Lang, Vice President James Smith, Council Members Joanne Kochanski, Boyd Weiss, Matt Abell and Patrick Maurath. Absent was Council Member Mark Connors. Also present were Mayor Tarah Probst and Solicitor McDonald. 2. The Pledge of Allegiance was recited. 3. Public Hearing A. Consideration of a proposed ordinance amending Chapter 15, Motor Vehicles and Traffic, Section 313 – Tow-Away Zones Established, amending the hours when vehicles can park on Main Street, extending the latest hour from 2 a.m. to 3 a.m. except during snow emergencies when the latest hour shall remain 2 a.m.: Hearing no public comment a motion was made by Mrs. Kochanski, second by Mr. Abell, to close the public hearing at 7:02 p.m. Motion passed unanimously. B. Consideration to approve an amendment to Chapter 15, Motor Vehicles and Traffic, Section 313 – Tow-Away Zones Established, amending the hours when vehicles can park on Main Street, extending the latest hour from 2 a.m. to 3 a.m. except during snow emergencies when the latest hour shall remain 2 a.m.: Motion by Mr. Abell, second by Mrs. Kochanski, to amend the hours when vehicles can park on Main Street, extending the latest hour from 2 a.m. to 3 a.m. except during snow emergencies when the latest hour shall remain 2 a.m. Motion passed unanimously. 4. Public Input on Non-Agenda Items: James Hutchins, representing St. Luke’s Church, stated he spoke to the Borough arborist regarding an old elm tree outside the parish. He was told that the tree was beyond its natural life and may have to come down. Mr. Hutchins feels that if the tree has to come down, why not have a mass and block party in August then donate the wood. Borough Arborist Brian Bond has been taking RFP’s for the take down of the tree and would like to use any good wood to replace the Council’s table top possibly encasing the entire table and building 3 or 4 new benches. Consensus of Council was to move this to the Shade Tree Commission who will then advise Council. President Lang asked Mr. Hutchins to submit the details of their plan to the Borough. Mr. Bond will contact Shade Tree Commission Chair Bill Weitzmann about setting a date for a special meeting and will work on getting better measurements of what is needed. Motion by Mr. Smith, second by Mr. Abell, to close public input. Motion passed unanimously. 1 5. Approval of Council Meeting Minutes from July 5, 2016: Mr. Smith had one correction. On page 5, it was he who asked that the Street Department partner with the YMCA teen campers for performing community service, not Mr. Stevens. Motion by Mr. Smith, second by Mr. Abell, to approve the Council Meeting Minutes from July 5, 2016 with Mr. Smith’s correction. Motion passed unanimously. 6. Monthly Administrative Reports: Motion by Mrs. Kochanski, second by Mr. Abell, to accept the Monthly Administrative Reports. Motion passed unanimously. 7. Accept June Treasurer’s Reports: Motion by Mr. Abell, second by Mrs. Kochanski, to accept the June Treasurer’s Reports for audit. Motion passed unanimously. Old Business 8. Consideration of a recommendation from the Parking Committee to extend the hours when motorists are required to pay for parking in metered spaces, from the current 9 a.m. to 6 p.m. to 9 a.m. to 9 p.m., which change requires an ordinance subject to a public hearing: Mr. Maurath reported that the Parking Committee is suggesting extending the meter enforcement hour to 9:00 p.m. to keep traffic flow going. Council voiced their concerns regarding the necessity of turn over, the 90 day grace period and the proposed wage rate for an additional Parking Enforcement Officer and needed more detail before taking action. President Lang directed Borough Manager Cathryn Thomas to obtain a cost analysis, have staff conduct a feasibility study and asked the Personnel Committee to determine an hourly wage. 9. Report on Borough and County Planning Commission reviews concerning a recommendation to amend the Zoning Code whereby establishment of an “Escape Room” could occur within the C2 commercial zoning district: Zoning and Codes Officer Ron Kimes stated he is waiting for the Monroe County Planning Commission to review the language. Motion by Mr. Smith, second by Mrs. Kochanski, to table this issue until comments are received by the Monroe County Planning Commission. Motion passed unanimously. 10. Report from the Codes Committee on a proposed amendment to the Borough Code to allow signage on outdoor dining area barriers/delineators: Codes Officer Ron Kimes asked this be tabled until the Codes Committee can review the language and forward comments. Motion by Mr. Abell, second by Mr. Weiss, to table this until the Codes Committee can review and forward comments. Motion passed unanimously. New Business 11. Consideration of issuance of a Certificate of Appropriateness, as recommended for approval by the Historic Architectural Review Board, for Denise Cebular for the replacement of a garage roof at 209 North Fifth Street: Motion by Mr. Kochanski, second by Mr. Smith, to grant a Certificate of Appropriateness, as recommended for approval by the Historic Architectural Review Board, for Denise Cebular for the replacement of a garage roof at 209 North Fifth Street. Motion passed unanimously. 2 Council Member Maurath left the meeting at this time (7:40 p.m.) 12. Consideration of issuance of a Certificate of Appropriateness, as recommended for approval by the Historic Architectural Review Board, for Sean Turrell for the installation of a wall sign at 586 Main Street: Motion by Mrs. Kochanski, second by Mr. Abell, to grant a Certificate of Appropriateness, as recommended for approval by the Historic Architectural Review Board, for Sean Turrell for the installation of a wall sign at 586 Main Street. Motion passed unanimously. 13. Consideration of issuance of a Certificate of Appropriateness, as recommended for approval by the Historic Architectural Review Board, for John Iacono for the installation of a wall sign at 564 Main Street: Motion by Mr. Abell, second by Mrs. Kochanski, to grant a Certificate of Appropriateness, as recommended for approval by the Historic Architectural Review Board, for John Iacono for the installation of a wall sign at 564 Main Street. Motion passed unanimously. 14. Consideration of a request from the County for temporary use of a vacant lot as a parking lot during the months of July and August: County Commissioner Greg Christine was present to request permission to use their vacant lot for parking for County employees for the months of July and August, Monday through Friday from approximately 7:30 a.m. to 5:30 p.m. while their own parking deck undergoes repairs. The lot does have chain link fencing that can be locked nightly. This type of parking deck project occurs every three years or so and in the past the Borough has approved the request. Codes Officer Ron Kimes explained that our ordinance only permits parking as a secondary or accessory use in the C2 zoning district, therefore parking as a stand- alone use is not permitted. Council Member Abell suggested submitting a land development plan which would permanently solve their problem while others suggested looking into other options like contacting Ramsey School to use their lot and the Borough for spaces located in Lot 4 at the corner of Sarah and Fifth Streets. Mayor Probst stated she doesn’t see anything wrong with approving the request while Council Member Abell stated he is not in favor of not enforcing our ordinances uniformly. Motion by Mr. Abell, second by Mrs. Kochanski, to respectfully deny the request and try to work with the County on finding other ways to accommodate their request. Motion passed unanimously. 15. Consideration to approve the development of a rain garden on Borough property adjacent to the parking deck: Public Works Director Brian Bond explained that the plan for the rain garden was developed by the Brodhead Creek Watershed Association and the Monroe County Conservation District. The Brodhead Creek Watershed Association will put the plants in for free and help the Borough with the construction. This will also help in complying with the Borough’s MS4 storm water regulations. Mr. Bond stated the approximate cost to the Borough is $500. Motion by Mr. Abell, second by Mr. Smith, to approve the development of a rain garden on Borough property adjacent to the parking deck. Motion passed unanimously. 3 17. Solicitor’s Report: Solicitor McDonald has been reviewing work already done by prior Solicitor Matergia and Brian Bond regarding loitering and panhandling ordinances. He is optimistic that there are some fairly recent Federal Circuit Court decisions coming out of Illinois and Massachusetts that would give us a good game plan to craft anti-panhandling and anti- loitering ordinances that would withstand federal scrutiny. A strong preamble that would articulate the local conditions and needs that are being addressed would be helpful, quantifying those conditions with evidence and data such as police records. He should have something drafted shortly for Council review. Solicitor McDonald reported that yesterday the Borough received from Shanti House an application for a separate plan under a request for conditional use with a five-story structure instead of six stories which has not yet been reviewed. Eventually a Conditional Use Hearing will need to be scheduled. 16. Consideration of a Resolution to approve budgetary transfers: Mr. Smith asked Borough Manager Cathryn Thomas to email him more details regarding these transfers. Motion by Mrs. Kochanski, second by Mr. Weiss, to adopt a Resolution to approve budgetary transfers. Motion passed unanimously. 18. Mayor’s Report: Mayor Probst feels confident that the plans for developing the old jail into a tourist attraction can move forward in the next few months. The Mayor is meeting with some private investors for a pop-up park and community garden at the corner of Quaker Alley and Sixth Street. Mayor Probst was happy to report there has been great headway made with the Police Commissioners in “cleaning up” downtown and feels Council will be just as happy when they see what will be transpiring in the near future. There is a Stroudsburg Crime Watch that has been somewhat inactive lately but is gearing up full force, that has a direct line to a SARP Officer that doesn’t come over the police scanner. Mayor Probst asked that if anyone sees or knows of any negative activity going on, to contact her and she can contact the officer. The Mayor asked if anything was being done regarding the weeds on Main Street. Mr. Bond stated the Street Department has been working on that for the last four days. The Mayor asked if a speed monitor can be used on Borough streets to combat speeding. Mr. Smith stated if it is to be used on Main Street permission is needed from PennDOT. Consensus of Council is to approve the use of the speed monitor throughout town. Captain Lyon advised Council to contact her with the locations and she can set it up. Mr. Smith and Mayor Probst will follow up with this issue and report back to Council. Mr. Lang asked how far along is the old jail project. The Mayor stated it most likely will not be ready for about a year and that at this time she does not require anything from Codes Officer Ron Kimes. 4 19. Council Member Reports: Mr. Abell asked for an update on the truck that hit the street light at the corner of Sixth and Main Streets. Brian Bond reported that he did get a police report and specs from PennDOT, Telco will be doing the install and a bill will be sent to the driver’s insurance company once a quote is obtained. Mr. Abell asked if there are any plans to have the school zone lights removed at Ramsey School. Borough Manager Cathryn Thomas stated she just heard from the school that yes they will be removed. Mr. Abell reported seeing a parking enforcement employee driving the Borough car the wrong way down N. Sixth Street. President Lang congratulated Mr. Bond on his Interim Borough Manager appointment. Mr. Weiss reported getting complaints of bicycles being ridden on Main Street sidewalks. Captain Lyon asked him if he has a time frame of when this activity happens the most. Mr. Weiss stated during the day and it’s mostly the same people. Mr. Smith asked that the Borough vehicle not park in any of the three Municipal Building parking spaces on N. Seventh Street that are designated for customers. Mr. Smith is concerned about the cost of advertising for the Borough manager position and asked Council to make a motion putting a cap on the amount. Motion by Mr. Smith, second by Mrs. Kochanski, to budget no more than $1,000 for the Personnel Committee to advertise for the Borough Manager position. Motion passed unanimously. Mr. Smith feels that now that the Borough has a new part time codes officer, we should be more diligent in dealing with the garbage issues in alleys. Mr. Kimes will take care of it. Mr. Smith requested Ms. Thomas get RFP’s from banks in the area to ensure the Borough is getting the best rates. Motion by Mr. Smith, second by Mr. Abell, to request RFP’s for banks within two miles of the Borough. Motion passed unanimously. Mrs. Kochanski reported that the light at 9th and Main Streets is tipped. Mr. Bond is aware. Mrs. Kochanski also reported some restaurants whose kitchens are not closed off from the seating area are leaving their doors open letting flies into the cooking areas. 20. Manager’s Report: Ms. Thomas stated she and Mr. Bond are submitting an LSA Grant application. These types of funds can be used for tourism and economic development. Ms. Thomas asked Council to think of projects in case the Borough’s application is approved. Ms. Thomas also reported the Borough did not get approved for the DEP Department of Waterways Flood Protection Grant. 5 Ms. Thomas stated the Street Department crew did a beautiful job landscaping our building. 21. Approval of Bills on Warrant 160719: Mr. Smith questioned a $250 parking refund and was told it was issued because a contractor who purchased the meter bags returned them unused the next day and asked for a refund. Refund requests like this are considered on a case by case basis. Mr. Smith and Mr. Abell are not in favor of ever giving refunds and feel that should be the office policy. Motion by Mr. Abell, second by Mr. Smith, for a no refund policy for meter bags purchased through the parking department. Motion passed unanimously. Mr. Smith also questioned a $16,800 payment to Jersey Mulch Products. That invoice was for the rental of a tub grinder for yard waste. Mr. Smith suggested we look into an agreement with Stroud Township to allow the Borough to use their yard waste facility on Gaunt Road. Mr. Bond reminded Council that we are currently in a joint agreement with East Stroudsburg so any agreement with Stroud Township would have to include East Stroudsburg, or if we wanted to end our agreement with East Stroudsburg, we would need to give them two-years notice. Consensus of Council was to have Mr. Smith look into this and report back. Motion by Mrs. Kochanski, second by Mr. Weiss, to approve the bills on Warrant 160719. Motion passed unanimously. 22. Executive Session: None. 23. Adjournment: Motion by Mr. Smith, second by Mrs. Kochanski, to adjourn at 8:34 p.m. Motion passed unanimously. Approved: ________________________________ Ken Lang, President of Council Attest: ______________________________________ Cathryn Thomas, Borough Manager/Secretary 6