Borough Council

MINUTES Stroudsburg Borough Council Meeting Tuesday, October6, 2020 at 7:10 P.M. Special Note: This meeting will be held on Zoom.com; the public may submit comments on agenda items and non-agenda items to the Borough Manager via bace@stroudsburgboro.com prior to the meeting. The public is also invited to participate via livestream by following the link on the Stroudsburg Borough Facebook page. 1. Call to Order/Roll Call - Present were: Council Member Jim Evanisko, Council Member James Smith, Council Member Boyd Weiss, Mayor Tarah Probst, Solicitor Joseph McDonald, Solicitor Christopher Brown, Council President Anthony Lanfrank, Borough Manager Brian Ace Jr., Council Vice President Matt Abell and Council Member Victoria DeVries. Absent was Council Member Erica McCabe. A Quorum was present. 2. Pledge of Allegiance. 3. Public Hearing and Consideration to Adopt An Ordinance of the Stroudsburg Borough Council to Regulate Dog Barking and Curbing Dogs. Motion by Mr. Weiss to Close Public Hearing and Consideration to Adopt An Ordinance of the Stroudsburg Borough Council to Regulate Dog Barking and Curbing Dogs, second by Mr. Abell. All in favor, Motion Carries. Motion by Mr. Weiss to Adopt An Ordinance of the Stroudsburg Borough Council to Regulate Dog Barking and Curbing Dogs, second by Mr. Abell. All in favor, Motion Carries. 4. Approval of Council Meeting Minutes for the Regular Meeting, September 15, 2020. Motion by Mr. Weiss to Approve Council Meeting Minutes for the Regular Meeting, September 15, 2020, second by Ms. DeVries. All in favor Voting YES (Mr. Evanisko, Mr. Weiss, Mr. Lanfrank, Mr. Abell, Ms. DeVries) with Mr. Smith Abstaining. Motion Carries. Old Business 5. Status of Bike Rack Project. No Updates. 6. Status of LERTA Ordinance. Mr. Lanfrank advises he contacted the school and has forwarded all the information requested this week. 7. Consider the application of Daniel Luzon, as recommended for approval and issuance by the Historic Architectural Review Board, for the construction of a new five story building at 621-623-625 Main Street. Mr. Mark Metzgar was representing Shanti House. Discussion about the stucco siding and other buildings in the Borough with stucco including the adjoining buildings. Mr. Abell gave history about the overlay district. Solicitor McDonald advises the Land Development submission is being reviewed by Mr. Nate Oiler; Solicitor McDonald will draft a Developer’sAgreement. The Developer would give financial security. Motion by Mr. Smith to Approve the Application of Daniel Luzon, as recommended for approval and issuance by the Historic Architectural Review Board, for the construction of a new five story building at 621-623-625 Main Street, second by Mr. Weiss. All in favor, Motion Carries. New Business 8. Consideration to Schedule a Public Hearing for An Ordinance of the Stroudsburg Borough Council to Revise Chapter 15 Motor Vehicles and Traffic, Part 3 General Parking Regulations, Section §15-316 Entitled ―Handicapped Parking Zones Established‖. Motion by Mr. Smith to Schedule a Public Hearing October 20, 2020 for An Ordinance of the Stroudsburg Borough Council to Revise Chapter 15 Motor Vehicles and Traffic, Part 3 General Parking Regulations, Section §15-316 Entitled ―Handicapped Parking Zones Established‖, second by Mr. Weiss. All in favor, Motion Carries. 9. Consideration to Schedule a Public Hearing for An Ordinance Amending Chapter 20 Stroudsburg Borough Code, Pertaining to Solid Waste, Providing for Mandatory Screening and Security of all Dumpster, Trash and Recycling Containers with Appropriate Cross-Refence to the Borough’s Historic District, Zoning and Public Health Ordinances. Motion by Mr. Weiss to Schedule a Public Hearing October 20, 2020 for An Ordinance Amending Chapter 20 Stroudsburg Borough Code, Pertaining to Solid Waste, Providing for Mandatory Screening and Security of all Dumpster, Trash and Recycling Containers with Appropriate Cross-Refence to the Borough’s Historic District, Zoning and Public Health Ordinances, second by Mr. Abell. All in favor, Motion Carries. 10. Consideration to Schedule a Public Hearing for An Ordinance of the Stroudsburg Borough Council to Amend Chapter 27, Zoning, Part 5 Entitled ―Area and Bulk Requirements‖ of the Stroudsburg Borough Code. Solicitor McDonald advises this has gone to both Planning Commissions and the overlay map would not be changed. Motion by Mr. Abell to Schedule a Public Hearing November 5, 2020 for An Ordinance of the Stroudsburg Borough Council to Amend Chapter 27, Zoning, Part 5 Entitled ―Area and Bulk Requirements‖ of the Stroudsburg Borough Code, second by Ms. DeVries. All in favor, Motion Carries. 11. Consideration to Approve Payment Request #1 from Barker and Barker for the Scott/Oak Paving Project in the amount of $201,332.03. Motion by Mr. Smith to Approve Payment Request #1 from Barker and Barker for the Scott/Oak Paving Project in the amount of $201,332.03, second by Mr. Abell. All in favor, Motion Carries. 12. Consideration to Adopt a Resolution Authorizing the Board of Commissioners of Monroe County to Submit an Application for FY 2020 Community Development Block Grant Program Funds in the Amount of $108,657.00 on Behalf of the Borough of Stroudsburg. The grant is being submitted for the Thomas Street Paving and ADA Ramps Project. Motion by Mr. Smith to Adopt a Resolution Authorizing the Board of Commissioners of Monroe County to Submit an Application for FY 2020 Community Development Block Grant Program Funds in the Amount of $108,657.00 on Behalf of the Borough of Stroudsburg. The grant is being submitted for the Thomas Street Paving and ADA Ramps Project, second by Mr. Abell. All in favor, Motion Carries. 13. Consideration to Authorize the Cooperation Agreement by and between the County of Monroe and the Borough of Stroudsburg for the 2020 CDBG Program Administration. (Thomas Street Paving and ADA Ramps Project).  Motion by Mr. Weiss to Authorize the Cooperation Agreement by and between the County of Monroe and the Borough of Stroudsburg for the 2020 CDBG Program Administration. (Thomas Street Paving and ADA Ramps Project). Second by Mr. Abell. All in favor, Motion Carries. 14. Consideration to Approve a Proposal from the Redevelopment Committee to create a shared bike lane to Glen Park along Colbert Street, Huston Avenue and Collins Street at an estimated cost of $1,200.00 in materials for signage and striping. The Streets Department will make the signs and stripe the roads. Mr. Abell advises he has spoken to SROSRC and they have found old signage. They have proposed a ―Bike to Nature Sign‖ and would like the signs to be consistent in the County. The Streets Department would not be able to produce in house. The $1,200 cost would cover the Penn Dot signs and striping template. Mr. Smith advises there is parking on both sides of Colbert. Motion by Mr. Weiss to Approve a Proposal from the Redevelopment Committee to create a shared bike lane to Glen Park along Colbert Street, Huston Avenue and Collins Street at an estimated cost of $1,200.00 in materials for signage and striping. The Streets Department will make the signs and stripe the roads, second by Ms. DeVries. All in favor, Motion Carries. 15. Consideration to Approve recommendations from the Redevelopment Committee and the Codes Committee to: A. The Redevelopment Committee would like the Borough to send an official email to the Monroe County Planning Commission asking for help in revising the Commercial Overlay Map boundaries. Motion by Mr. Weiss to Approverecommendations from the Redevelopment Committee and the Codes Committee to have the Borough to send an official email to the Monroe County Planning Commission asking for help in revising the Commercial Overlay Map boundaries. second by Mr. Abell. All in favor, Motion Carries. B. The Redevelopment Committee would like the Borough to send an official email to the Monroe County Planning Commission asking for help in implementing the PADOT ―Access Management‖ model ordinance, including any applicable coordination with neighboring municipalities. Motion by Mr. Weiss to Approverecommendations from the Redevelopment Committee and the Codes Committee to have the Borough send an official email to the Monroe County Planning Commission asking for help in implementing the PADOT ―Access Management‖ model ordinance, including any applicable coordination with neighboring municipalities, second by Mr. Abell. All in favor, Motion Carries. C. The Redevelopment Committee would like the Borough to send an official email to the Monroe County Planning Commission asking for help inventorying parking in the Borough in anticipation of a study to explore the feasibility of a new parking garage. Motion by Mr. Weiss to Approverecommendations from the Redevelopment Committee and the Codes Committee to have the Borough to send an official email to the Monroe County Planning Commission asking for help inventorying parking in the Borough in anticipation of a study to explore the feasibility of a new parking garage, second by Mr. Evanisko All in favor, Motion Carries.  D. The Redevelopment Committee would like the Borough to send an official email to SROSRC asking for the availability of grants to help fund a new trailhead for the South Levee Loop Trail. Motion by Mr. Weiss to Approverecommendations from the Redevelopment Committee and the Codes Committee to have the Borough to send an official email to SROSRC asking for the availability of grants to help fund a new trailhead for the South Levee Loop Trail, second by Ms. DeVries. All in favor, Motion Carries. E. The Redevelopment Committee would like the Borough to direct its Solicitor to negotiate ROW easements for a future Creek Walk Trail, including all properties from the former Weichel Buick property to the ESSA headquarters. (Some of these ROW’s may have been previously negotiated.) Mr. Smith would like to know if any funding or grants would be available from SROSRC. Mr. Evanisko advises this is in the flood zone. Solicitor McDonald advises ESSA may have committed previously to easements and can follow up with former Solicitor, Attorney Materga. Motion by Mr. Weiss to Approverecommendations from theRedevelopment Committee to direct its Solicitor to negotiate ROW easements for a future Creek Walk Trail, including all properties from the former Weichel Buick property to the ESSA headquarters. (Some of these ROW’s may have been previously negotiated.), second by Mr. Abell. Motion Withdrawn. Motion by Mr. Abell to Authorize Solicitor McDonald to research status of existing right of way agreements between former Weichel Buick and ESSA Headquarters and to reach out to SROSRC to determine what language needs to be included in the agreement, second by Mr. Weiss. All in favor Voting YES (Mr. Evanisko, Mr. Weiss, Mr. Lanfrank, Mr. Abell, Ms. Devries) and Voting NO (Mr. Smith). Solicitor McDonald advises there is a Greenway Easement Agreement (19 pages) dated May 17, 2016 between the Borough and ESSA. Public Input from Peter Solotruc asking if there is an emergency is there access to the path, which there is access. Motion Carries. 16. Consideration to Adopt a Resolution to Authorize the Destruction Specific Records in Accordance with the Municipal Records Act of January 18, 1968 (P.L. 961, NO. 428). Motion by Mr. Smith to Adopt a Resolution to Authorize the Destruction Specific Records in Accordance with the Municipal Records Act of January 18, 1968 (P.L. 961, NO. 428), second by Mr. Evanisko. All in favor, Motion Carries. 17. Consideration to Adopt a Budget Transfer Resolution. Motion by Mr. Smith to Adopt a Budget Transfer Resolution, second by Mr. Abell. All in favor, Motion Carries. 18. Consideration to Approve an application from Mary C. Evanisko/ Drake 13, LLC. for the installation of a driveway at 109-111 North 8th Street. Motion by Mr. Smith to Approve an application from Mary C. Evanisko/ Drake 13, LLC. for the installation of a driveway at 109-111 North 8th Street, second by Mr. Weiss. All in favor Voting YES  (Mr. Smith, Mr. Weiss, Mr. Lanfrank, Mr. Abell, Ms. DeVries) with Mr. Evanisko Abstaining.All in favor, Motion Carries. 19. Consideration to Approve a request from Kathleen Lockwood to replace the sidewalks in front of 551 Thomas Street with brick pavers. Motion by Mr. Smith to Approve a request from Kathleen Lockwood to replace the sidewalks in front of 551 Thomas Street with brick pavers, second by Ms. DeVries. Discussion of the brick pavers and being able to see a picture. Solicitor McDonald advises under Chapter 21, section 253, the owners should provide drawings to Council. Public Input from Cindy Blake asking if this is the historic district. Motion Withdrawn. Motion by Mr. Smith to Table a request from Kathleen Lockwood to replace the sidewalks in front of 551 Thomas Street with brick pavers as the application was incomplete and for Kathleen Lockwood to satisfy the application, second by Mr. Abell. All in favor, Motion Carries. 20. Consideration to Approve a request from the Monroe Farmers’ Market to extend the outdoor market in Courthouse Square from November 28, 2020 to January 2, 2021. Due to Covid regulations the Market cannot be inside yet. Motion by Mr. Smith to Approve a request from the Monroe Farmers’ Market to extend the outdoor market in Courthouse Square from November 28, 2020 to January 2, 2021, second by Mr. Evanisko. All in favor, Motion Carries. 21. Consideration to Approve a request from the Pocono Irish-American Club for a permit to conduct the 43rd Annual St. Patrick’s Day Parade on Sunday, March 21, 2021. Discussion about social distancing and CDC guidelines. Motion by Mr. Weiss to Approve a request from the Pocono Irish-American Club for a permit to conduct the 43rd Annual St. Patrick’s Day Parade on Sunday, March 21, 2021, second by Ms. DeVries. All in favor Voting No. Motion Fails. Motion by Mr. Abell to Approve the date for the Pocono Irish-American Club with Covid guidelines to be provided within 45 days and subsequently approved by Council, second by Ms. DeVries. All in favor, Motion Carries. 22. Consideration to Approve a request from Rabbi Yehuda Salkow, Director of the Jewish Resource Center of the Poconos, 727 Main Street, to set up a pole and drape 10’x12’ booth on the ―no parking‖ spot directly outside the Center’s back door.The Jewish Resource center no longer needs to set up the Sukkot. 23. Consideration to Approve the issuance of a residential parking permit for 219 North 8th Street. Motion by Mr. Weiss to Approve the issuance of a residential parking permit for 219 North 8th Street, second by Mr. Smith. All in favor, Motion Carries. 24. Consideration to Approve a request from John Iacono for the temporary placement of a 40-yard dumpster in the parking lot adjacent to 22 South 6th Street. Discussion about parking lot damage.  Motion by Mr. Abell to Approve a request from John Iacono for the temporary placement of a 40-yard dumpster in the parking lot adjacent to 22 South 6th Street, second by Mr. Smith. All in favor, Motion Carries. 25. Consideration to Approve a request from Cynthia Nortey, Christ Church, for the use of the parking lot behind the Stroudsburg Borough Municipal Building on Saturday, October 10, 2020 from 12:00 P.M. to 3:00 P.M. to accommodate a Food Drive during a luncheon following a memorial service on that day. Motion by Mr. Abell to Approve a request from Cynthia Nortey, Christ Church, for the use of the parking lot behind the Stroudsburg Borough Municipal Building on Saturday, October 10, 2020 from 12:00 P.M. to 3:00 P.M. to accommodate a Food Drive during a luncheon following a memorial service on that day, second by Mr. Weiss. Mr. Ace will reach out for certificate of insurance. All in favor, Motion Carries. 26. Consideration to Establish times for Trick-or-Treating on Halloween, October 31, 2020: (Masks and gloves required to hand out candy in order to help protect children; masks worn if a costume does not have a mask; staggered times for Trick-or Treating—1:30 PM to 3:00 PM for children up to 6 years of age, 4:00 PM to 5:30 PM for children ages 7 to 11; 6:30 PM to 8:00 PM for children ages 12 to 15). Motion by Mr. Weiss to Establish times for Trick-or-Treating on Halloween, October 31, 2020: (Masks and gloves required to hand out candy in order to help protect children; Covid masks must be worn; staggered times for Trick-or Treating—1:30 PM to 3:00 PM for children up to 6 years of age, 4:00 PM to 5:30 PM for children ages 7 to 11; 6:30 PM to 8:00 PM for children ages 12 to 15), second by Mr. Evanisko. Discussion of masks. Public Input by Peter Solotruk, Cindy Blake and Adam Courtney. All in favor, Motion Carries. 27. Committee Reports A. Codes Committee – The Committee is preparing for Borough wide garbage collection and sidewalk repair ordinance B. Budget Committee – Please submit any requests to add to the Budget C. Parking Committee – No Update D. Recycling Committee – No Update E. Sewer Committee – No Update F. Street Committee – No Update G. Personnel Committee – Bring to Council the Assistant and Director Public Works positions and changing the descriptions. H. Public Relations/Media Committee -Mr. Evanisko received the June 1st picture taken by Officer Acosta and printed it in a 3-foot by 4- foot size, it will sayEquality, Diversity and Community with the date. Mayor Probst spoke to Mr. Greg Christine for authority of placing the structure in Quaker Alley. The next meeting is in 2 weeks. I. Redevelopment Committee–Addressed everything tonight and the Street Committee is meeting tomorrow.  J. I-80 Expansion Task Force Committee–Residents living on Shafer School House Rd, both sides of Rt 209, received a letter from Penn Dot about soil testing. This is a connecting project to our I-80 project.The Shafer School House Rd crossover intersection at Rt 209 will be closed. Penn Dot is focusing on the North side of Rt 209. Penn Dot will be re-doing permits which will affect I-80 as the roads are inter-connected. Should anyone have any concerns with this part of the road being closed please reach out to Senators and representatives. 1st round of soil testing was denied, this is the 2nd round and are delayed a year. The projected timeline for construction is 2021. Kris has 2 calls into Penn Dot with no response and is still working on getting statistics. K. Stroud Region Open Space and Recreation Commission – No Update 28. Mayor’s Report– Mayor Probst advises the Visitors Bureau helped clean the Borough and would like to thank all the volunteers, many bags of garbage were collected, 5 bags were picked up at McConnell. Brush pickup started October 5th and will be October 7th, 9th, 13th, 14th and 16th. Leaf pickup will start October 19th through December 1st. Will there be another Fall cleanup day scheduled? Add to the next agenda. Thank the Street Department for the Stop bars. HARB meeting was cancelled for October 5th and is re-scheduled for October 7th. Sign posting on utility poles is illegal. 29. Council Member Reports Mr. Abell – At Ann Street and 8ththere is a power pole laying down, Could Brian look into when it will be installed or removed. Mr. Smith – Last year Barry Street was changed to a one-way. The wall has been removed and re-done. Will refer to the Streets Committee. Mr. Weiss – Speeding on Lower Main 30. Solicitor’s Report– Solicitor McDonald has one public item and one for Executive Session. The pending application from the County Commissioners for the HARB approved Courthouse Expansion;we received a letter of extension through the end of October as to its HARB compliance from Attorney Tim McManus that will expire no later than November 3rd. Mr. Kimes advises this would require another review if the design differs from what was initially approved. Mr. Kimes advises he will see if at tomorrow’s HARB meeting, it can be discussed for a special HARB meeting. In addition, Mr. Kimes advises HARBis down one member (an architect). Solicitor McDonald has received a notice for a slip and fall lawsuit which was filed September 25th, it has been submitted to the insurance company. The incident was at 25 N 8th Street, the property owner is Maxine Foster of Albrightsville; the Borough is listed as an additional defendant.Solicitor McDonald has filed a brief with the Commonwealth Court of Appeals for Adams Outdoor Digital sign. 31. Manager’s Report– No Report 32. Code Enforcement Officer’s Report– Mr. Kimes would like to setup a meeting this Thursday at 11:00am with Solicitor McDonald and Mr. Ace for some outstanding Code Enforcement issues. 33. Street Superintendent’s Report – Mr. Ace advises working on normal maintenance; getting ready for leaf pick-up and winter. 34. Approval of Bills on Warrants 201006. Motion by Mr. Abell to Approve of Bills on Warrants 201006, second by Mr. Smith. All in favor, Motion Carries. 35. Public Input for Non-Agenda Items – Cindy Blake asking since the road has been widened across from the Morey school could the 30-minute limit be extended. Robin will forward to Ms. McCabe and the Parking Committee. Adam Courtney asking about 124 Lee Avenue Rear and what action has been taken or where we are in the process. Solicitor McDonald advises he has seen the property and has confirmed with Mr. Kimes that we have allinternal and external violations in a description manner; we will be civilly serving the out of state owner.We are seeking equitable relief. Solicitor McDonald hopes to have this filed prior to the next meeting. 36. Executive Session. No Executive Session 37. Adjournment Motion by Mr. Smith to Adjourn at 9:11pm, second by Mr. Weiss. All in favor, Motion Carries.