Borough Council

STROUDSBURG BOROUGH COUNCIL MEETING MINUTES, APRIL 7, 2020 A regular meeting of the Stroudsburg Borough Council convened at 7:00 P.M. electronically and livestreamed through the Stroudsburg Borough Facebook Page with the following members present: Council President Anthony Lanfrank, Vice-President of Council Matt Abell, Council President Pro-Tem Erica McCabe, Councilman James Smith, Councilman Jim Evanisko, Councilwoman Victoria DeVries, and Councilman Boyd Weiss (arrived at 7:12 P.M.). Also present were: Brian Ace, Jr., Borough Manager; Tarah Probst, Mayor; Joseph McDonald, Jr, Borough Solicitor; Mary Pat Quinn, Executive Assistant; and Ron Kimes, Zoning and Code Enforcement Officer. Solicitor McDonald advised that adequate notice of the format of the meeting was provided by publishing notice of same in The Pocono Record in the issue of April 7, 2020; by providing notice to the Monroe County Law Library; by publishing notice on the homepage of the Stroudsburg Borough website www.stroudsburgboro.com; and by posting notice on the Stroudsburg Borough Facebook page. Opportunities for public comment were provided by allowing the public to submit comments on agenda items and non-agenda items to the Borough Manager via bace@stroudsburgboro.com prior to the meeting. The public was also invited to participate via livestream by following the link on the Stroudsburg Borough Facebook page; public comment was then submitted by keyboard prompt to the host administrator. All meetings of the Stroudsburg Borough Council will be held in this manner for the duration of the Local Disaster Emergency Declaration resulting from the COVID-19 pandemic situation. Public Hearing and Consideration to adopt An Ordinance of the Stroudsburg Borough Council to Amend Chapter 5, Code Enforcement, Part 2, Adoption of Codes, Section §5- 201, “Adoption by Reference”. The Ordinance will update the reference to the International Property Maintenance Code from 2009 to 2018. The subject Ordinance was opened to the public. Denise Flightman through Facebook livestream spoke in favor of the Ordinance. Mr. Smith suggested postponing the public hearing and consideration to adopt the Ordinance until the public could appear personally to speak about the Ordinance. A discussion ensued. The public hearing was closed on a motion made by Ms. McCabe, seconded by Mr. Abell. The motion was carried. (7-yes; 0-no; 0-abstain) A motion was made by Ms. McCabe, seconded by Mr. Weiss to adopt An Ordinance of the Stroudsburg Borough Council to Amend Chapter 5, Code Enforcement, Part 2, Adoption of Codes, Section §5-201, “Adoption by Reference”. The motion was carried. (7-yes; 0-no; 0- abstain) Approval of Council Meeting Minutes for the Regular Meeting, March 3, 2020. A motion was made by Mr. Smith, seconded by Mr. Weiss to approve the minutes of the March 3, 2020 regular meeting as circulated. The motion was carried. (7-yes; 0-no; 0-abstain) Approval of Council Meeting Minutes for the Regular Meeting, March 17, 2020. A motion was made by Mr. Weiss, seconded by Mr. Evanisko to approve the minutes of the March 17, 2020 regular meeting as circulated. The motion was carried. (5-yes; 0-no; 2- abstentions – Ms. McCabe, Mr. Lanfrank) Monthly Administrative Reports-February, 2020 The following February, 2020 reports were approved on a motion made by Ms. McCabe, seconded by Mr. Weiss: Permits Issued, Parking, Fire Department, and Right-to Know. The February 2020 report from the Stroud Area Regional Police Department was previously provided electronically to all Council members. The motion was carried. (7-yes; 0-no; 0-abstain) Unaudited February, 2020 Treasurer’s Report A motion was made by Ms. McCabe, seconded by Mr. Smith to accept the unaudited February, 2020 Treasurer’s Report to include the bank account balances and the budget to actual report. The motion was carried. (7-yes; 0-no; 0-abstain) OLD BUSINESS Status of Bike Rack Project. No change in status. Status of a request from CLA, LLC. for the placement of a dumpster in a parking spot in Municipal Parking Lot 3 behind 717-719 Main Street. The Parking Committee suggested in a prior meeting of Council that the Borough could lease two parking spaces to the requestor that would be located behind the restaurant. A discussion ensued with various members of Council contributing. Denise Flightman was not in favor of the dumpster being near the sidewalk on Main Street. Ted Hoyt, who participated through Facebook livestream was not in favor of the Borough losing the two parking spaces. A motion was made by Mr. Weiss, seconded by Mr. Smith to deny the request. The motion was carried. (7-yes; 0-no; 0-abstain) NEW BUSINESS Consideration to Schedule a Public Hearing for An Ordinance Establishing Certain License Criteria for Short-Term Rental of Residential Dwelling Units. Mr. Abell advised that the Ordinance was further reviewed by the Redevelopment Committee and that he emailed Council just before the meeting regarding a few revisions that should be made to it prior to scheduling a public hearing. A motion was made by Mr. Smith, seconded by Mr. Abell to table action on setting a public hearing until the Council reviews the Ordinance with the revisions. The motion was carried. (7-yes; 0-no; 0-abstain) Consideration to Schedule a Public Hearing for An Ordinance Amending the Stroudsburg Borough Zoning Ordinance to Amend the Definitions of Family and Dwelling unit, Add New Definitions for Short-Term Home Rental, Amending the Zoning District Use Requirements and Table of Non-Residential Zoning District Use Requirements and Off- Street Parking Requirements. Mr. Abell advised that the Redevelopment Committee also made revisions to this Ordinance, which he included in the email to Council. A motion was made by Mr. Abell, seconded by Mr. Smith to table action on setting a public hearing until the Council reviews the Ordinance with the revisions. The motion was carried. (7-yes; 0-no; 0-abstain) Consideration to Reschedule a Public Hearing to determine scope and boundary of Deteriorated Properties for purpose of determining LERTA Ordinance Eligibility and soliciting input from local taxing authorities, planning commission or redevelopment authority and other public and private agencies and individuals, knowledgeable and interested in the improvement of deteriorated areas. A motion was made by Mr. Abell, seconded by Mr. Smith to table scheduling a public hearing on this matter until the Covid-19 pandemic and the restrictions on travel and group meetings are lifted. The motion was carried. (7-yes; 0-no; 0-abstain) Consideration to Schedule a meeting of the chairpersons of the Parking Committee, the Street Committee and the Redevelopment Committee with the Borough Solicitor, the Borough Engineer, and Chuck Leonard, the Executive Director of the Pocono Mountain Economic Development Corporation to discuss the scope of work for the Multimodal Grant Award. A motion was made by Mr. Abell, seconded by Mr. Weiss to direct Mr. Ace to coordinate this meeting within the next two weeks. The motion was carried. (7-yes; 0-no; 0-abstain) Consideration to Adopt a Resolution of the Borough Council of the Borough of Stroudsburg, Monroe County, Pennsylvania, Authorizing and Implementing Changes to the Designated Pension Plan Officials for the Nationwide Pension Case(s) 632-80272. A motion was made by Ms. McCabe, seconded by Mr. Weiss to adopt a Resolution of the Borough Council of the Borough of Stroudsburg, Monroe County, Pennsylvania, Authorizing and Implementing Changes to the Designated Pension Plan Officials for the Nationwide Pension Case(s) 632-80272. The motion was carried. (7-yes; 0-no; 0-abstain) Consideration to Adopt a Budget Transfer Resolution for CY 2019. A motion was made by Mr. Smith, seconded by Mr. Weiss to adopt a Budget Transfer Resolution for CY 2019. The motion was carried. (7-yes; 0-no; 0-abstain) Consideration to Approve a refund in the amount of $50.00 to the Greater Delaware Valley Chapter of the JDRF. The organization has decided not to host the JDRF One Walk on April 26, 2020 and will not need to hang a banner on Main Street. A motion was made by Mr. Smith, seconded by Mr. Weiss to issue a refund to the Greater Delaware Valley Chapter of the JDRF in the amount of $50.00 for a refund of a banner permit application. The One Walk was cancelled for April 26, 2020. The motion was carried. (7-yes; 0-no; 0-abstain) Consideration to Approve a Professional Consulting Services Agreement with RKR Hess, a Division of UTRS, for the Preparation of a Sewer Tapping Fee Study for the Borough of Stroudsburg in the amount of $19,000.00 which will be paid out of the Sewer Fund. A motion was made by Mr. Smith, seconded by Mr. Weiss to approve a Professional Consulting Services Agreement with RKR Hess, a Division of UTRS, for the Preparation of a Sewer Tapping Fee Study. The cost of the agreement will not exceed $19,000.00 and will be paid from the Sewer Fund. The motion was carried. (7-yes; 0-no; 0-abstain) Consideration to Approve a Professional Services Agreement with Building Inspection Underwriters of PA, Inc. for third party commercial permitting services. A motion was made by Mr. Weiss, seconded by Ms. McCabe to approve a Professional Services Agreement with Building Inspection Underwriters of PA, Inc. Barry Isset Associates is the Borough’s primary third-party inspection service for commercial properties; however, from time to time, Barry Isset Associates has a conflict of interest. Building Inspection Underwriters of PA, Inc. will serve as the alternate in those cases. The motion was carried. (7-yes; 0-no; 0- abstain) Consideration to apply for a grant through The Chamber Foundation A motion was made by Ms. McCabe, seconded by Mr. Smith to refer this matter to the Street Committee for review and recommendation. The Street Committee will meet prior to the next Council meeting on April 21, 2020; the grant application deadline is May 31, 2020. The motion was carried. (7-yes; 0-no; 0-abstain) Committee Reports Codes Committee – no report. Budget Committee – no report. Parking Committee – Ms. McCabe asked about the status of the Amendment to the Handicap Parking Space Ordinance. Mr. Ace advised that the staff is confirming that a few of the spaces in question are no longer needed. Recycling Committee – no report. Sewer Committee – no report. Street Committee – no report. Personnel Committee – no report. Public Relations/Media Committee – no report. Redevelopment Committee – no report. I-80 Expansion Task Force Committee – no report. Stroud Region Open Space and Recreation Commission – no report. Mr. Lanfrank offered the Zoom.com account that he opened for use by the Committee when they have meetings. Mayor’s Report – Mayor Probst was approached by residents who would like to see a four-way stop at the intersection of Phillips and Wallace Street. She was advised that Phillips Street is a State-owned roadway, and that it would be unlikely that a four-way stop would be permitted at that intersection. Council Member Reports – None Solicitor’s Report – Solicitor McDonald advised that three buildings in the LaBar Village development have been registered pursuant to the Borough’s Vacant and Abandoned Ordinance. The appeal for Adams Outdoor has not been scheduled yet. Manager’s Report – Mr. Ace reported that street sweeping will commence on Main Street. Curbside recycling has resumed. Mr. Ace noted that he, Mary Pat Quinn, Ron Kimes, and Debbie Muccione have been in the office working. Code Enforcement Officer’s Report – Mr. Kimes reported that the Planning Commission will meet on April 13, 2020 at 6:00 P.M. to discuss a Zoning Amendment Application submitted by Todd Detrick, 354 North 9th Street for the addition of fireworks as a permitted use in the C-1 and MU-A zones. The Zoning Hearing Board will meet on April 29, 2020 at 12:00 P.M. An application of Jason Villardo, 1244 Dreher Avenueto construct a detached accessory structure in his front yard is on the agenda. Also on that agenda is an application of Reaching Out for Jesus, for a property owned by Legacy,LLC., 301 North Ninth Streetfor special exception use approval to operate a church on the second floor of a vacant building. Both meetings will be held virtually on Zoom.com. Street Superintendent Report – No report. Approval of Bills on Warrants 200407 A motion was made by Mr. Weiss, seconded by Mr. Abell to approve the payment of bills on Warrants 200407. The motion was carried. (7-yes; 0-no; 0-abstain) Public Input for Non-Agenda Items Denise Flightman asked if in the future the public could participate during the meeting through Zoom.com. The Council will take the suggestion under advisement at a future Council meeting. Executive Session, re: Personnel. A motion was made by Mr. Weiss, seconded by Mr. Abell to go in to executive session at 8:06 P.M. for the purpose of discussing matters involving personnel. The motion was carried. (7-yes; 0-no; 0-abstain) The executive session was concluded and the regular meeting resumed at 8:13 P.M. on a motion made by Mr. Smith, seconded by Mr. Weiss. The motion was carried. (7-yes; 0-no; 0-abstain) Results of the executive session: a personnel matter was discussed. The meeting was adjourned at 8:14 P.M. on a motion made by Ms. McCabe, seconded by Mr. Smith. The motion was carried. (7-yes; 0-no; 0-abstain)