Borough Council

MINUTES Stroudsburg Borough Council Meeting Tuesday, June 4, 2019 at 7:00 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 Mark Connors, Council Member Matt Abell and Council Member Erica McCabe. A Quorum was present. 2. Pledge of Allegiance was recited. 3. Public Hearing and Consideration to Adopt An Ordinance to Amend Chapter 15 “Motor Vehicles and Traffic”, Part 3 “General Parking Regulations” to Establish a New Section §15-319 Entitled, “Electric Vehicle Charging Station Zones”. Motion by Mr. Lanfrank to close Public Hearing and Consideration to Adopt An Ordinance to Amend Chapter 15 “Motor Vehicles and Traffic”, Part 3 “General Parking Regulations” to Establish a New Section §15-319 Entitled, “Electric Vehicle Charging Station Zones”, second by Ms. Kochanski. All in favor, Motion Carries. Motion by Mr. Lanfrank to Adopt An Ordinance to Amend Chapter 15 “Motor Vehicles and Traffic”, Part 3 “General Parking Regulations” to Establish a New Section §15-319 Entitled, “Electric Vehicle Charging Station Zones”, second by Ms. Kochanski. All in favor, Motion Carries. 4. Public Input for Agenda Items. Several members of the Street Department spoke in reference to the issues with the pension plan. Wayne LaBar, an employee of the Street Department and the shop steward for the union members stated that the union wants what they signed on for. Ms. Mary Pat Quinn, the Executive Assistant for the Borough of Stroudsburg provided a timeline regarding the pension information in the Personnel Manual. She stated that when she was hired on 7-25-2016, she was given the March 2012 version of the Personnel Manual. Thereafter, she provided all new hires with that version of the manual. She and Ms. Debra Muccione, also an employee of the Borough, were told by Ms. Mary Cramer that the Borough Council revised the pension plan via Ordinance in 2012. Ms. Quinn presumed that the amending Ordinance was reflected in the manual that she and others had been given. She became aware that this was not the case in October, 2017. A partial revision to the manual was approved by Council on December 19, 2017; that revision included the Ordinance and a few other provisions of the manual. There were 9 employees who did not receive the most current version of the manual when they were hired (1-rehire, 3- part time employees who became full time, and 5 new hires). A review of the entire manual was done by Jennifer Maier, Ms. Quinn and Brian Ace last spring, and Council approved the revised manual on August 7, 2018. The Street Department introduced themselves to Council. 5. Approval of Council Meeting Minutes for Regular Meeting, May 21, 2019. Motion by Ms. Kochanski to approve Council Meeting Minutes for Regular Meeting, May 21, 2019, second by Mr. Weiss. Voting YES (Ms. Kochanski, Mr. Lanfrank, Mr. Abell, Mr. Connors), Voting NO (Mr. Weiss, Mr. Smith, Ms. McCabe). Motion Carries. Old Business 6. Status of remaining Municipal Building Renovation Project Loan balance, re: Fire Alarm System, Upgrade Reception Area, HVAC improvements. Ms. Maier advises Solicitor McDonald sent a letter to the fire alarm company since we need to go out for bids, we have not received a response yet. Ms. Maier  advises the office will be painted this weekend, the carpet was delivered, we will be getting more secure doors for entry, we have the mechanical drawings for the HVAC system and will go out to bid. Ms. Maier will email Council the budget numbers. 7. Status of Bike Rack Project. Ms. Maier advises we are still waiting for MCTA as they are waiting for their 1st approval. 8. Consideration to employ Parliamentary Procedure. Motion by Mr. Connors to postpone Parliamentary Procedure, second by Ms. Kochanski. All in favor, Motion Carries. 9. Status of timeframe for Veterans Banners on Main Street. Motion by Mr. Lanfrank for the Banners to be put up when the flowers come down until the wreaths go up, then when the wreaths come down through the flowers going up, second by Ms. Kochanski. Voting YES (Ms. Kochanski, Mr. Lanfrank, Mr. Weiss, Mr. Smith, Ms. McCabe), Voting NO (Mr. Connors). Motion Carries. New Business 10. Consideration to schedule a public hearing for An Ordinance of the Stroudsburg Borough Council to Amend Chapter 1, Part 5 of the Stroudsburg Borough Code Entitled, “Nonuniformed Borough Employee Pension Plan”. Ms. Maier advised the pension board voted unanimously for Borough employees who were given the old manual should receive the benefits associated with the old manual. Because they stated that ethically is it the right thing to do as we do not want to lose good employees, and employees were misled. Mayor Probst feels as public servants you deserve everything you can get. Mr. Ronald Bittner, CPA of Girard Municipal Pension Services was present to explain the proposed pension revisions and explained the liability comparison between the present pension formula and the proposed pension formula. The 2012 ordinance increased the normal retirement age from 60 to 65, and the pension calculation formula changed from 5% per year of service for 10 years to get to a 50% benefit, to 2% per year of service for 25 years to get to 50%. The purpose was to spread the pension liability over a longer period of time. Mr. Bittner noted that the annual Minimum Municipal Obligation (MMO) will not change because the pension costs are being calculated at the 5% level. Ms. McCabe advises if the employees were to leave, the cost to hire and re-train would exceed the cost difference for the pension. Ms. Maier advised she spoke to the Labor Attorney about the issue. The Labor Attorney advised while there is a provision in the personnel manual that states an Ordinance can override the manual, there is a very good chance if the employees were to file a suit, they could be successful. You would have the cost of the increased pension, the fines and a morale issue. Lengthy discussion ensued. Motion by Mr. Connors to schedule a public hearing June 18, 2019 for An Ordinance of the Stroudsburg Borough Council to Amend Chapter 1, Part 5 of the Stroudsburg Borough Code Entitled, “Nonuniformed Borough Employee Pension Plan”, second by Ms. McCabe. All in favor, Motion Carries. 11. Consideration of a request from The Housing Authority of Monroe County for eleven (11) family passes at half price, $62.50.  Motion by Mr. Abell to approve a request from The Housing Authority of Monroe County for eleven (11) family Stroudsburg pool passes at half price, $62.50, second by Ms. Kochanski. All in favor, Motion Carries. Motion by Ms. Kochanski to approve free family passes to Borough volunteers approved at the last Council Meeting, second by Ms. McCabe. All in favor, Motion Carries. 12. Consideration to adopt a Resolution of the Stroudsburg Borough Council to Authorize the Borough Manager to Prepare an Application for a DCED, CFA Greenways, Trails and Recreation Program Grant to Fund the Purchase of a Pool Liner, Pool Stairs, Pool Heater, Air Conditioning Unit for the Lifeguard Room, New Roof Membrane for the Pool House, and Paving the Parking Lot. Motion by Ms. Kochanski to adopt a Resolution of the Stroudsburg Borough Council to Authorize the Borough Manager to Prepare an Application for a DCED, CFA Greenways, Trails and Recreation Program Grant to Fund the Purchase of a Pool Liner, Pool Stairs, Pool Heater, Air Conditioning Unit for the Lifeguard Room, New Roof Membrane for the Pool House, and Paving the Parking Lot, second by Mr. Lanfrank. All in favor, Motion Carries. 13. Committee Reports. A. Codes Committee – Ms. Kochanski advises the next meeting is scheduled June 10th B. Budget Committee – Mr. Smith asked Ms. Maier to have the budget to Council by October in order to review. C. Parking Committee – Ms. McCabe advises the MPAY2 contract signed included a 30 cents transaction fee to the consumer and this was the least expensive option, they made a mistake and were not charging the fee. Ms. Maier advises the EV charging station spaces will charge if a car stays in the space longer. We will charge $1.00/hour while charging and $2.00/hour to stay in the spot. D. Recycling Committee – No Report E. Sewer Committee – No Report F. Street Committee – Mr. Lanfrank advises he has spoken to Ben Guthrie, the traffic engineer, to review the traffic information. For the next meeting he will have costs, pros and cons and 4 different options: 2nd Street a one-way or two-way with taking some property from the sidewalk, 5th and Main changing to a two-way street and 4th Street changing to a one-way from Main Street to McConnell with cutting part of the sidewalk. G. Personnel Committee – Mr. Connors advises the next meeting is scheduled June 27th at 4:00pm H. Public Relations/Media Committee – Mayor Probst advises this week will be the 1st Concert in the Park due to the weather cancellations over the last few weeks. Mayor Probst would like to thank the Streets Department. I. Redevelopment Committee – Mr. Abell advises the next meeting is scheduled June 11th J. I-80 Expansion Task Force Committee – Mr. Connors advises it was a good meeting. The information packet was put onto the website. This packet of information will go to elected officials after we meet with them. We are in the advocacy stage process and have until the end of the  summer/fall to address the points we are not in favor of: expanding to 6 lanes, closing Dreher Avenue Exit, in both direction and the shifting of West Main Street. We need to continue public outreach. After the fall, Penn Dot will have picked their preferred alternative and move into final design. We all need to reach out to Senator Scavello as he is the Vice chair of the Transportation Committee. Mr. Smith asked Ms. Maier to send a letter to Senator Scavello. Mr. Connors would like new people to go to the website for general information, we want the full time allotted for the monthly meetings. K. Stroud Region Open Space and Recreation Commission – Mr. Weiss advises the next meeting is scheduled next week. Ms. Maier advises interviewing for the Director’s position in June and July. 14. Mayor’s Report. Mayor Probst advises Ms. Maier is providing information to new homeowners in the Historic District in the newsletter. Mayor Probst would like to revisit Quaker Alley and parking by the pocket park. Ms. Maier advises if the lot was improved, we would make our money back within 2 years with giving the County the lot to use one time monthly for jury duty. Ms. Maier has spoken to Mr. Greg Christine and Mr. Charlie Garris, who were not interested. The County has been complaining about parking and would like to discuss it again. Ms. Maier will reach out to the Commissioners. Mayor Probst advises there is a lot of tension on this board, people are afraid to speak, people are getting cut other off and people are being bullied; it’s time to consider a change in Council President, I look to Ms. Kochanski as she is here the longest; if someone was to make that motion I would support it. Ms. Kochanski is not interested at this time. Ms. McCabe advises to increase morale this is not a bad idea; I do not understand why people are not speaking up and she is not interested in either position of President or Vice President, but an adjustment needs to be made to increase morale. 15. Council Member Reports Ms. Kochanski – Ms. Kochanski advises the LED lights look great. Mr. Lanfrank - No Report Mr. Weiss - No Report Mr. Smith - No Report Mr. Abell - No Report Mr. Connors - No Report Ms. McCabe - No Report 16. Solicitor’s Report. Solicitor McDonald advises he submitted a rough draft of the proposed Ordinance for Short Term Rentals, it needs additional input from Council. Solicitor McDonald advises he and Ms. Maier had a conference call with Mr. Nate Oiler. Ms. Maier has to report on this and it should be in Executive Session. 17. Manager’s Report. Ms. Maier advises a letter was sent to Penn Dot about the stop bar on N. 9th Street. Ms. Maier advises we need to talk about Collins Street in Executive Session in reference to Real Estate. Ms. Maier advises the PSAB Seminar regarding EV charging stations is June 26th from 12:00-1:00pm, there is significant activity in Pennsylvania for electric vehicles, thank you Council for allowing me to reapply for additional EV charging stations. Ms. Maier advises the auditors will be here tomorrow. Ms. Maier advises we had an unfortunate bill to the Borough involving a Sovereign Citizen, there was no way to avoid this. The meter wasn’t paid, the ticket wasn’t paid and cited with the Magistrate. We were unaware this was issued to a Sovereign Citizen. When it made it to the Magistrates office, the individual  sued the Borough, the case was dismissed but the legal fees are $4,747 and unfortunately under our $5,000 deductible. Lengthy discussion ensued. Ms. Maier advises June 20th is the bid opening for King Street. Chris Gibbons, our Debt information person has the cost of the Fire Truck at $750K requested for this year with the next truck to be purchased in 5 years. Ms. Maier will need to work with Solicitor McDonald for the sub-lease of the Little League Field and the Stroudsburg Area School District. Ms. Maier has 2 questions for Council:  Does Council feel the level of communication is sufficient? Council members advise yes with Mr. Lanfrank looking for additional information on available grants and what we apply for.  Does Council need to know when she is out of the office for any reason. Most Council members do not need to know but Mr. Smith feels Council should know Ms. Maier’s schedule. Lengthy discussion ensued. Mr. Connors added we are past due on Ms. Maier’s performance review and all comments like this should funnel through the Personnel Committee. Ms. Maier also advises she keeps a timesheet and tracks her time, if she works from home it’s to use her drafting table when planning Architectural Drawings for the Borough, which saves the Borough a significant amount of money by not having to hire an outside architect. She is always available by phone and email. 18. Code Enforcement Officer’s Report. Mr. Lindauer has no report but as an employee would like to comment that Ms. Maier is always available and feels this is insulting to her resolve to the Borough. Ms. Maier stated she felt insulted. 19. Street Superintendent’s Report. Mr. Ace advises the bridge at Wawa will begin Thursday June 6th. 20. Approval of Bills on Warrants 190604. Motion by Ms. Kochanski to approve Bills on Warrants 190604, second by Mr. Abell. All in favor, Motion Carries. 21. Public Input for Non-Agenda Items. Ms. Edie Stevens is looking for an update on the Ann Street Rain Garden. Lengthy discussion ensued. Ms. Maier will have Mr. Ace and Mr. Craig Todd meet at the site. Dan and Casey from the Sherman Theater have been receiving complaints from neighboring businesses on concert nights about lines in front of storefronts. 22. Executive Session. Motion by Ms. Kochanski to adjourn to Executive Session at 8:53pm, second by Ms. McCabe. All in favor, Motion Carries. The regular meeting was re-convened. 23. Adjournment Motion by Mr. Lanfrank to adjourn at 9:05pm, second by Mr. Weiss. All in favor, Motion Carries.