Borough Council

MINUTES Stroudsburg Borough Council Meeting Tuesday, December 4, 2018 at 8:00 P.M. 1. Call to Order/Roll Call - Present were: Council Member Joanne Kochanski, Council Member Anthony Lanfrank, Council Vice President Boyd Weiss, Mayor Tarah Probst, Solicitor Joseph McDonald, Council President James Smith, Borough Manager Maier, Council Member Matt Abell, Council Member Mark Connors and Council Member McCabe. A Quorum was present. 2. Pledge of Allegiance recited. 3. Public Hearing, An Ordinance Amending Stroudsburg Borough Code Chapter 24-414, “Registration of Rental Housing and Tenants” Adding an Annual Registration Fee of $10.00 (Ten Dollars) per Unit, Increasing the Fine for Violations to not less than $25.00 (Twenty-Five Dollars) and Authorizing Future Changes in Fees to be Adopted by Resolution. Motion by Mr. Lanfrank to close Public Hearing, An Ordinance Amending Stroudsburg Borough Code Chapter 24-414, “Registration of Rental Housing and Tenants” Adding an Annual Registration Fee of $10.00 (Ten Dollars) per Unit, Increasing the Fine for Violations to not less than $25.00 (Twenty-Five Dollars) and Authorizing Future Changes in Fees to be Adopted by Resolution, second by Mr. Weiss. All in favor, Motion Carries. 4. Consideration to Adopt An Ordinance Amending Stroudsburg Borough Code Chapter 24-414, “Registration of Rental Housing and Tenants” Adding an Annual Registration Fee of $10.00 (Ten Dollars) per Unit, Increasing the Fine for Violations to not less than $25.00 (Twenty-Five Dollars) and Authorizing Future Changes in Fees to be Adopted by Resolution. Motion by Ms. Kochanski to Adopt An Ordinance Amending Stroudsburg Borough Code Chapter 24- 414, “Registration of Rental Housing and Tenants” Adding an Annual Registration Fee of $10.00 (Ten Dollars) per Unit, Increasing the Fine for Violations to not less than $25.00 (Twenty-Five Dollars) and Authorizing Future Changes in Fees to be Adopted by Resolution, second by Ms. McCabe. Lengthy discussion ensued. Voting YES (Ms. Kochanski, Mr. Lanfrank, Mr. Abell, Mr. Connors), Voting NO (Mr. Weiss, Mr. Smith, Ms. McCabe), Motion Carries. 5. Public Input for Agenda Items. No Public Input. 6. Approval of Council Meeting Minutes for Regular Meeting, November 20, 2018. Motion by Ms. Kochanski to Approve Council Meeting Minutes for Regular Meeting, November 20, 2018, second by Mr. Lanfrank. Voting YES (Ms. Kochanski, Mr. Lanfrank, Mr. Weiss, Mr. Abell, Mr. Connors, Ms. McCabe), Mr. Smith Abstained, Motion Carries. Old Business 7. Status of remaining Municipal Building Renovation Project Loan balance, re: Fire Alarm System, Upgrade Reception Area. Ms. Maier advises paint and tile work this week. Bullet resistant glass and frame is in. Diamond plate steel will protect the counter. We are waiting for a drawing from the engineer for the Fire Alarm System. Ms. Kochanski would like us to look into the Diamond plate steel for underneath Council’s table. 8. Status of Bike Rack Project. Ms. Maier sent Mr. Lanfrank the location of the bus shelters and will get together with Mr. Lanfrank this week.  9. Recommendation from the Streets Committee regarding a proposed Ordinance to Amend Chapter 15, Motor Vehicles and Traffic, Part 2, Traffic Regulations Section §15-205 Entitled, “Stop Intersections” and Section §15-207 Entitled “Gross Weight Limits Established” of the Stroudsburg Borough Code. Stroudsburg Area School District Board of Education will be present to discuss school bus traffic on 10th Street. Mr. Lanfrank advises we rode the bus which turned on 9th Street and Main; drove through 9th Street to Ann Street, turned right to come up by the Funeral Home to turn left to Main Street; and turned at 10th Street and Main Street. The Committee, School District and residents decided to allow the buses to access 10th Street until Mr. Ace can speak with Penn Dot about moving the stop lines back at 9th Street and Main Street. Mr. Ace will also take core sample’s from 10th Street. New Business 10. Consideration to schedule a public hearing for An Ordinance to Revise the Fee Schedule for Building, Zoning, Land Development. Presentation by Codes Office regarding proposed amendment to the Permit Fee Schedule. Mr. Kimes advises the Zoning Office has reviewed the current fee schedule. Mr. Lindauer has looked at every Municipality in the state with a population of between 2,500 and 10,000 residents and has compared to the median number. Lengthy discussion ensued about pricing changes. Ron will re- work and present at the next Council meeting. 11. Consideration to schedule a public hearing to authorize An Ordinance of the Borough of Stroudsburg, County of Monroe, Commonwealth of Pennsylvania Fixing the Real Estate Tax Rate for the year 2019. Motion by Ms. Kochanski to schedule a public hearing December 18, 2018 to authorize An Ordinance of the Borough of Stroudsburg, County of Monroe, Commonwealth of Pennsylvania Fixing the Real Estate Tax Rate for the year 2019, second by Mr. Abell. Voting YES (Ms. Kochanski, Mr. Lanfrank, Mr. Abell, Mr. Connors, Ms. McCabe), Voting NO (Mr. Weiss, Mr. Smith), Motion Carries. 12. Consideration to schedule a public hearing for An Ordinance to Amend An Ordinance of the Borough of Stroudsburg Chapter 18, Part 2, §18-202, Entitled, “Sewer Rental Rate Schedule and Service Charge”. Motion by Mr. Connors to schedule a public hearing December 18, 2018 for An Ordinance to Amend An Ordinance of the Borough of Stroudsburg Chapter 18, Part 2, §18-202, Entitled, “Sewer Rental Rate Schedule and Service Charge”, second by Mr. Abell. Lengthy discussion ensued. All in favor, Motion Carries. 13. Consideration to schedule a public hearing for An Ordinance to Amend the Stroudsburg Borough Zoning Ordinance to Establish a Process and Standards for the Establishment, Construction and Operations of Medical Marijuana Facilities. Mr. Kimes will send to the Local and County’s Planning Commission tomorrow to receive back by January 5, 2019. Motion by Mr. Connors to refer the Ordinance to the County’s Planning Commission and the Borough’s Planning Commission to review within 30 days, second by Mr. Abell. All in favor, Motion Carries. 14. Consideration to schedule a public hearing for An Ordinance Defining and Prohibiting Certain Vacant and Abandoned Buildings and Storefronts Furnishing Due Process to Property Owners, Declaring a Public Nuisance and Imposing Fines, Penalties and Other Remedies for Violations. Lengthy discussion ensued.  Motion by Mr. Connors to refer to the Borough Manager and Solicitor, second by Mr. Abell. Lengthy discussion ensued. Mr. Smith would like Council to read the Ordinance and send all comments to Ms. Maier. All in favor, Motion Carries. 15. Consideration to approve a Budget Transfer Resolution. Motion by Ms. Kochanski to approve a Budget Transfer Resolution, second by Mr. Lanfrank. All in favor, Motion Carries. 16. Consideration to approve a Resolution to Memorialize the Emergency Repair of a Portion of the Sewer Main on Ann Street (repair was done) by E.F. Possinger without competitive bidding per the authority of Title 8, Section §1402 (d) of the Pennsylvania Borough Code. Motion by Ms. Kochanski to approve a Resolution to Memorialize the Emergency Repair of a Portion of the Sewer Main on Ann Street (repair was done) by E.F. Possinger without competitive bidding per the authority of Title 8, Section §1402 (d) of the Pennsylvania Borough Code, second by Mr. Lanfrank. All in favor, Motion Carries. 17. Consideration to approve an agreement between Stroudsburg Borough and Thomas Josiah, C.P.A. for accounting services. Motion by Ms. Kochanski to approve an agreement between Stroudsburg Borough and Thomas Josiah, C.P.A. for accounting services, second by Mr. Abell. All in favor, Motion Carries. 18. Consideration to approve the 2019 Budget of the Stroud Area Regional Police Department. Motion by Ms. Kochanski to approve the 2019 Budget of the Stroud Area Regional Police Department, second by Mr. Abell. All in favor, Motion Carries. 19. Consideration to hire Thomas Detweiler as the part-time Health Inspection Official at an hourly rate of $25.20. Motion by Mr. Abell to hire Thomas Detweiler as the part-time Health Inspection Official at an hourly rate of $25.20, second by Ms. Kochanski. All in favor, Motion Carries. 20. Consideration to approve a proposal from Kirk, Summa and Company, LLP. for the preparation of the Twin Boroughs Recycling Financial Statements for CY 2018 in the amount of $1,600.00. Motion by Ms. Kochanski to approve a proposal from Kirk, Summa and Company, LLP. for the preparation of the Twin Boroughs Recycling Financial Statements for CY 2018 in the amount of $1,600.00, second by Mr. Abell. All in favor, Motion Carries. 21. Consideration to approve a quotation from Schnaitman’s Flooring America in the amount of $17,131.02 for the construction and installation of office desk cabinetry and countertops for the Reception Area of the Borough office. Motion by Mr. Abell to approve a quotation from Schnaitman’s Flooring America in the amount of $17,131.02 for the construction and installation of office desk cabinetry and countertops for the Reception Area of the Borough office, second by Ms. Kochanski. Ms. Maier to supply company quotes which were sent out for bid to the next meeting. All in favor, Motion Carries. 22. Committee Reports. A. Codes Committee – No Report  B. Finance Committee - No Report C. Parking Committee - No Report D. Recycling Committee - No Report E. Sewer Committee - No Report F. Street Committee – Mr. Lanfrank asked Committee members to check their emails for the next time to meet about traffic safety. G. Personnel Committee – Mr. Connors advises the Committee has reviewed the Borough Manager agreement and have discussed tweaks to her job description and recommendations for the next 6 months. Council can discuss at the next meeting during Executive Session. H. Public Relations/Media Committee – Mayor Probst advises Ms. Maier, Ms. Quinn and Mr. Ace have kept the Committee up to date about paving. Mayor Probst would like to give a shout out to Mr. Ace and Ms. Maier about the complaint with UGI sub-station. The Committee will start planning Concerts in the Park February 2019 as we have received a grant. Thursday is Ladies Night downtown. The snowmen are out around town. Check out Stroudsburg’s Facebook page for all upcoming events. I. Redevelopment Committee - No Report J. I-80 Expansion Task Force Committee – Mr. Connors advises the meeting was tonight with a great turnout. K. Stroud Region Open Space and Recreation Commission - No Report 23. Mayor’s Report – Mayor Probst advises Friday night her car was parked on South 9th across the street from Maureen Madden’s office. Her car was broken into and her purse was stolen. It has been recovered with money missing and blood on the insurance cards. Mayor Probst asked Mr. Abell if the Lockwood building could install a camera, it’s very dark. Ms. Maier has priced out cameras for 2019 budget; cameras price between $1,500-$2,000 per camera. $10K in the budget for the deck and skate park in addition to $135K to repair the fuses. Mayor Probst asked Mr. Kimes to contact Labar Village about the Blight Law. 24. Council Member Reports Ms. Kochanski – No Report Mr. Lanfrank – No Report Mr. Weiss – No Report Mr. Smith – No Report Mr. Abell – No Report Mr. Connors – No Report Ms. McCabe – No Report 25. Solicitor’s Report - Solicitor McDonald advises Ms. Acevedo previously asked Council to consider amending an easement which was granted by ESSA. It is up to ESSA to amend the easement for the access to the creek to install a trail which would not be ADA. Council would need to reach out to ESSA and Ralph Matergia. Solicitor McDonald shared information with Ms. Maier about the status of the Qualified Opportunity Zone. The tax reform act from about one year ago created these Qualified  Opportunity Zones. Commissioner Christy was here and mentioned it to Council. Last month the Treasury released guidance on how to determine which tax-payers can become eligible and what kind of investment they need to do to gain favorable tax treatment on capital gains tax. Solicitor McDonald advises January 7, 2019 is the Status Conference for the Whitmeyer Holdings Tax Exemption Appeal. Solicitor McDonald has reached out to Mr. Nate Oiler if 341 N. 9th Street (3 ½ acres) can be built upon or not. Solicitor McDonald reached out to a Commercial Real Estate Appraiser for the economic cost and benefit to hire an appraiser as a consultant on an hourly basis vs the cost of our annual tax savings for that property. The County will present testimony; the law favors the County’s testimony; it would be up to the Borough to challenge or overcome it, normally you need an appraisal. If the County’s reduction in value is based on discretion and not based on true appraisal our burden will be less to overcome. Solicitor McDonald advises he received an email from Mr. Kimes about a hearing scheduled December 19, 2018 for Adams Outdoor. Mr. Kimes advises this is in reference to the James Counterman property on Dreher Avenue, it is for a digital 2-sided billboard which will face Route 80. Previously 2 applications were submitted by Adams Outdoor, this one is the application for the Conditional Use Hearing which was withdrawn. Mr. Cavasini, Attorney for Adams Outdoor filed a reason with Mr. Weitzman. Mr. Weitzman advises there are 2nd amended reasons for appeal, requesting a variance be heard first, if not granted the Zoning Hearing Board will proceed with the validity challenges. Motion by Ms. Kochanski for Solicitor McDonald to attend the Zoning Hearing Board to uphold the Borough’s Ordinance, second by Mr. Weiss. All in favor, Motion Carries. 26. Manager’s Report – Ms. Maier asks if Council would like her to pursue through the Jacob Stroud Foundation and ESSA Foundation, funds for the pool liner. Monies from the Jacob Stroud Foundation would be used to match funds from the ESSA Foundation funds. Ms. Maier is also applying for a match through DCNR. Ms. Maier needs approval for an application to the Monroe County Open Space Grant for the basketball court repairs for $10K and to submit a grant to KMIT for the shower and exhaust fan at the DPW Building for $2,500K. Motion by Ms. Kochanski for Ms. Maier to pursue through the Jacob Stroud Foundation and ESSA Foundation, funds for the pool liner, with a match through DCNR; an application to the Monroe County Open Space Grant for the basketball court repairs for $10K and to submit a grant to KMIT for the shower and exhaust fan at the DPW Building for $2,500K, second by Mr. Lanfrank. All in favor, Motion Carries. 27. Approval of Bills on Warrants 181204. Motion by Ms. Kochanski to approve Bills on Warrants 181204, second by Mr. Weiss. All in favor, Motion Carries. 28. Public Input for Non-Agenda Items. 29. Executive Session Motion by Ms. Kochanski to adjourn to Executive Session at 9:54pm, second Mr. Weiss. All in favor, Motion Carries. Motion by Ms. Kochanski to reconvene Regular Council Meeting at 10:06pm, second by Mr. Lanfrank. All in favor, Motion Carries. 30. Adjournment Motion by Ms. Kochanski to adjourn at 10:06pm, second by Mr. Abell. All in favor, Motion Carries.