Borough Council

MINUTES Stroudsburg Borough Council Meeting Tuesday, December1, 2020 at 7:00 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 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, Council Member Victoria DeVries and Council Member Erica McCabe. Absent was Council Member James Smith. A Quorum was present. 2. Pledge of Allegiance. 3. Public Hearing and Consideration to Adopt An Ordinance to Amend An Ordinance of the Borough of Stroudsburg Chapter 18, Part 2, §18-202Entitled, “Sewer Rental Rate Schedule and Service Charge”. Motion by Mr. Weiss to Close Public Hearing and Consideration to Adopt An Ordinance to Amend An Ordinance of the Borough of Stroudsburg Chapter 18, Part 2, §18-202Entitled, “Sewer Rental Rate Schedule and Service Charge”, second by Ms. McCabe. All in favor, Motion Carries. Motion by Mr. Abell to Adopt An Ordinance to Amend An Ordinance of the Borough of Stroudsburg Chapter 18, Part 2, §18-202Entitled, “Sewer Rental Rate Schedule and Service Charge”, second by Mr. Weiss. All in favor, Motion Carries. 4. Public Hearing and Consideration to Adopt 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. Weiss to Close Public Hearing and Consideration to Adopt 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. Abell. All in favor, Motion Carries. Motion by Mr. Weiss to Adopt 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. Abell. All in favor, Motion Carries. 5. Approval of Council Meeting Minutes for the Regular Meeting, November17, 2020. Motion by Mr. Weiss to Approve Council Meeting Minutes for the Regular Meeting, November 17, 2020, second by Mr. Evanisko. All in favor Voting YES with Ms. DeVries Abstaining, Motion Carries. Old Business 6. Status of Bike Rack Project. No update 7. Status of LERTA Ordinance. No update  8. Consideration to approve the Preliminary/Final Land Development Plan for Shanti House as prepared by Cornerstone Consulting Engineers and Architectural, Inc. Mr. Nate Oiler advises we need final signatures by the applicant and are down to the development agreements. Shanti House has agreed to do the improvements to Bank Alley (paving and creating a pedestrian walkway on the South side due to the drainage on the North side, line striping and one-way painting between 6th and 7th if the Borough makes that section a one-way). The Borough will need to install a sewer line. Storm Water agreements need to be completed and executed and how Shanti House will install a storm water pipe in Bank Alley to connect to 6th Street. They have a green roof and storm water quality in the parking garage underneath. Shanti House has provided a proposed financial guarantee amount which includes the site improvements and the improvements to Bank Alley. Solicitor McDonald advises we have a draft of the developer’s agreement. Solicitor McDonald confirms the cost of the improvements are included in the financial guarantee per Mr. Nate Oilers December 1st letter. Solicitor McDonald received a letter from Attorney Mark Wolfeabout posting financial security. Usually, the developer posts a letter of credit from a financial institution in liquid form to secure the improvements are completed in a timely manner. Attorney Mark Wolfe advises the developer is soliciting quotes for financial line of credit and Attorney Mark Wolfe is asking Council to provide an approval letter of the plan for the posting of the financial security. The lender is looking to see evidence from the Borough that the plan is eligible. There is a statute which allows us to do this (section 509b). Per Mr. Kimes, we have an extension in place through the end of January 2021 to take action.Mr. Nate Oiler advises we clean up some open items and address at the next Council meeting. Motion by Mr. Abell to Table the Preliminary/Final Land Development Plan for Shanti House as prepared by Cornerstone Consulting Engineers and Architectural, Inc., second by Ms. McCabe. All in favor, Motion Carries. New Business 9. Consider the Subdivision and Lot Consolidation of Alpha Recycling at 2 Katz Drive, upon recommendation by the Borough of Stroudsburg’s Planning Commission for a waiver of section 403.2.Q of the SALDO and subject to the review comments in RKR Hess’ letter dated November 9, 2020. Lengthy discussion ensued on Mr. Nate Oiler’s letter dated November 9, 2020 in addition to Mr. Sean Policelli of Gilmore & Associateswho shared his screen and presented the plan for subdivision and lot consolidation.Mr. Nate Oiler is recommending this be tabled to finalize the details especially of the ownership of the right of way.Mr. Nate Oiler advises the sewer plan is not currently on central sewer; a force main would need to be run. There will be a pump station on the lot tied into Dreher Avenue and it should be a public sewer line not private sewer line. Discussion about signage near the back entrance to LaBar village. Motion by Ms. McCabe to Table until December 15, 2020 the Subdivision and Lot Consolidation of Alpha Recycling at 2 Katz Drive, upon recommendation by the Borough of Stroudsburg’s Planning Commission for a waiver of section 403.2.Q of the SALDO and subject to the review comments in RKR Hess’ letter dated November 9, 2020, second by Mr. Weiss. All in favor, Motion Carries. 10. Consider the waiver requests of Sean Policelli for the Alpha Recycling Land Development plan, as recommended for approval by the Borough’s Planning Commission, for 2 Katz Drive.Mr. Nate Oiler advises the Land Development was tabled by the Planning Commission. There are some waiver requests, one related to storm water quality. If the applicant meets the use and approves the rate difference, the Planning Commission will approve the request.Lengthy discussion ensued. Motion by Mr. Weiss to Tableuntil December 15, 2020 the waiver requests of Sean Policelli for the Alpha Recycling Land Development plan, as recommended for approval by the Borough’s Planning Commission, for 2 Katz Drive, second by Mr. Abell. All in favor, Motion Carries. 11. Consider the request of Sean Policelli for the Alpha Recycling SALDO plan to perform site work at 2 Katz Drive as detailed in the request.Mr. Sean Policelli went over the historic land use and advises approvals were received through the DEP; they are looking to begin earth work of grading, capping concrete, clearing any trees and stumps and tree plantings. Mr. Nate Oiler advises the work should be in accordance with the MPDES permit and that the work is done at their own risk relative to the sub division application.Lengthy discussion ensued. Motion by Ms. McCabe to approve the request of Sean Policelli for the Alpha Recycling SALDO plan to perform site work of earth moving, clearingtrees and stumps, tree planting and concrete capping of contaminated areas subjectto staff approval or building code as necessary and consistent with the MPDES permit and that the work is done at their own risk relative to the sub division applicationat 2 Katz Drive as detailed in the request, second by Mr. Abell. All in favor, Motion Carries. 12. Acknowledge letter from Rocco Mercuri, P.G, Project Manager, Gilmore and Associates, Inc. for Alpha Recycling Hwy 80, Inc. to Borough of Stroudsburg re: Notice of Submission of a Remedial Investigation Report. Mr. Lanfrank acknowledged letter from Rocco Mercuri, P.G, Project Manager, Gilmore and Associates, Inc. for Alpha Recycling Hwy 80, Inc. to Borough of Stroudsburg re: Notice of Submission of a Remedial Investigation Report. 13. Discussion with Borough of Stroudsburg engineer Nate Oiler of RKR Hess to perform review of Monroe County Courthouse SALDO plan. Mr. Nate Oiler advises the County Commissioners have submitted the Monroe County Courthouse plans to the Planning Commission for review and wants Council to know RKR Hess is the Engineer for the County. Does Council want RKR Hess to continue with the review for the Borough or bring in an Alternate Engineer. Council is comfortable with Mr. Nate Oiler continuing the review. 14. Consider a request from the Stroudsburg Borough Zoning Hearing Board to review the Zoning Ordinance in connection with Special Exceptions.This was forwarded from the Zoning Hearing Board to Mr. Abell and the Codes Committee. Mr. Abell advises we may need to hire a consultant. Ms. McCabe advises consulting services have been budgeted for. Motion by Mr. Weiss to approve a request from the Stroudsburg Borough Zoning Hearing Board to review the Zoning Ordinance in connection with Special Exceptions, second by Ms. McCabe. All in favor, Motion Carries. 15. Consideration to appoint Chris Worton, RA, NCARB to the Historical Architectural Review Board; his term will expire 12-31-2023. Mr. Kimes advises Chris Worton was one of the Architects for the Jacob Stroud Mansion. Motion by Mr. Abell appoint Chris Worton, RA, NCARB to the Historical Architectural Review Board; his term will expire 12-31-2023, second by Ms. McCabe. All in favor, Motion Carries. 16. Consideration to approve Change Order #3 in the amount of $17,186.11 to Barker and Barker Paving for the Oak Street and Scott Street Paving and ADA Ramps Project. The change order is for the price adjustment for actual quantities installed based on the unit bid quantities. Motion by Mr. Abell to approve Change Order #3 in the amount of $17,186.11 to Barker and Barker Paving for the Oak Street and Scott Street Paving and ADA Ramps Project. The change order is for the  price adjustment for actual quantities installed based on the unit bid quantities, second by Mr. Evanisko. All in favor, Motion Carries. 17. Consideration to approve Payment #2-Final in the amount of $15,467.49 to Barker and Barker Paving for the Oak Street and Scott Street Paving and ADA Ramps Project. This payment represents Change Order #3 plus the 10% retainage. Motion by Mr. Weiss to approve Payment #2-Final in the amount of $15,467.49 to Barker and Barker Paving for the Oak Street and Scott Street Paving and ADA Ramps Project. This payment represents Change Order #3 plus the 10% retainage, second by Mr. Abell. All in favor, Motion Carries. 18. Consideration to authorize the sale of a 1986 Pierce E-One/Ford Fire Truck, a 1990 Federal E-One Protector Pumper Fire Truck, and a 1999 Evi-Spartan Rescue Fire Truck through Brindlee Mountain Fire Apparatus. Mr. Lanfrank advises the Fire Chief recommended reducing the price. Mr. Abell asked if we have pricing on scrap metal. Motion by Mr. Weiss to authorize the sale of a 1986 Pierce E-One/Ford Fire Truck, a 1990 Federal E- One Protector Pumper Fire Truck, and a 1999 Evi-Spartan Rescue Fire Truck through Brindlee Mountain Fire Apparatus, second by Mr. Evanisko. All in favor, Motion Carries. 19. Discuss future composition of Stroudsburg Borough representation on the Stroud Area Regional Police Commission. Mr. Lanfrank feels this should be discussed after negotiations are complete. Mayor Probst advises along with her, Ms. Quinn and Ms. Kochanski are on the Commission. 8:16pm…Mr. Ben Kutz, Engineer for Gilmore & Associates has a question about Alpha Recycling related to the Sewer planning mailer sent to the Borough. It’s part of the Act537 plan about fishing capacity with connection to the sewer. Mr. Ben Kutz didn’t know if Council needed to approve prior to going to DEP, there are additional approvals needed outside the Borough prior to the applicant connecting to the sewer. Mr. Nate Oiler advises this would be tied to the Groner connection and the public sewer. 20. Consideration to approve Change Order #1 in the amount of $32,183.58 for the Stokes Avenue and Lee Avenue Paving and ADA Ramps Project. The change order is needed for additional milling and materials. Mr. Ace advises there will be another change order for additional milling. Motion by Mr. Weiss to approve Change Order #1 in the amount of $32,183.58 for the Stokes Avenue and Lee Avenue Paving and ADA Ramps Project. The change order is needed for additional milling and materials, second by Mr. Abell. All in favor, Motion Carries. 21. Consideration to approve Payment Request #1 to Northeast Site Contractors in the amount of $132,965.23 for the Stokes Avenue and Lee Avenue Paving and ADA Ramps Project. Motion by Mr. Weiss to approve Payment Request #1 to Northeast Site Contractors in the amount of $132,965.23 for the Stokes Avenue and Lee Avenue Paving and ADA Ramps Project, second by Mr. Abell. All in favor, Motion Carries. 22. Consideration to approve a request from the Jewish Resource Center of the Poconos to set up a 20’ x 40’ tent directly outside the rear door of the Center and in parking spaces 7-10 in Municipal Lot 3. Rabbi Salkow contacted the Borough and advised he no longer needs the tent for Lot 3 but is requesting tables be set up in front of the building along with supplying bagged treats.  Motion by Mr. Weissto approve a request from the Jewish Resource Center of the Poconos to set up tables in front of the building and supply bagged treats, second by Mr. Abell. All in favor, Motion Carries. 23. Consideration to approve the CGI Communications Video Project for the Borough website and Facebook page. Motion by Ms. McCabe to approve the CGI Communications Video Project for the Borough website and Facebook page, second by Mr. Evanisko. All in favor, Motion Carries. 24. Consideration to request permission from the Monroe County Commissioners to put the portable ice rink on the gravel lot that is adjacent to the Monroe County Administrative Building on 6th Street. Discussion on how to set up of the rink. Mr. Ace recommends bringing in in top soil to prevent the liner from ripping. Mayor Probst will send an email to the Commissioners verifying we can lay top soil. Motion by Mr. Weiss to Accept the Monroe County Commissioners request to put the portable ice rink on the gravel lot that is adjacent to the Monroe County Administrative Building on 6th Street (Quaker Alley), second by Mr. Evanisko. All in favor, Motion Carries. 25. Consideration to adopt A Proclamation by the Stroudsburg Borough Council Declaring a Local Disaster Emergency in Stroudsburg Borough, County of Monroe, Commonwealth of Pennsylvania. Solicitor McDonald suggested this after the Governor’s announcement last Friday. Motion by Mr. Abell to adopt A Proclamation by the Stroudsburg Borough Council Declaring a Local Disaster Emergency in Stroudsburg Borough, County of Monroe, Commonwealth of Pennsylvania, second by Mr. Weiss. All in favor, Motion Carries. 26. Committee Reports A. Codes Committee –The next meeting is December 23rd at 3:30pm. Continuing to work on Borough wide garbage Ordinance, a revision to the Sign Ordinance. Begin discussingReal Estate Transfer Ordinance in addition to reviewing the request to the Zoning Hearing Board. B. Budget Committee – There is a special meeting December 22nd at 6:00pm. C. Parking Committee – Met last month, the next meeting is December 22nd. D. Recycling Committee– No report E. Sewer Committee– No report F. Street Committee – The meeting is tomorrow, will need a Zoom link and for the 1st Wednesday monthly at 3:30pm. G. Personnel Committee– We are receiving resumes for the Borough Manager position. Due to Covid and their workload, Mr. Scott Fiore is unable to handle the request. H. Public Relations/Media Committee– The Victorian Christmas carolers went up and down Main Street from 11:00am to 4:00pm on Small Business Saturday in addition to being scheduled for next Saturday. Mr. Adam Courtney; newest member to the Committee, arranged for Ms. Regina Sayles to perform on the steps of the Courthouse. We are moving forward with the mural. Ms. Devries has secured photos for Veterans flags forMs. Sherri Chambers relatives. Ms. Chambers is looking for a  group photo for men and women of color. Toby broke his ankle; he is getting pricing for the flags for JuneTeenth. I. Redevelopment Committee–The next meeting is December 16th at 3:30pm. We are working on Open Space Impact Fee and working with theCounty Planning Commission to revise the Commercial overlay map. J. I-80 Expansion Task Force Committee– Kris Battle sent the questions over to Maureen Madden. K. Stroud Region Open Space and Recreation Commission – No report 27. Mayor’s Report– Mayor Probst advises there is a spaghetti dinner for the Fireman. The Christmas display on Ann Street will be setup from December 14th through December 25th. There will be no Santa for social distancing but this is good way to donate to the Fire Department. The virtual Christmas Tree lighting was a success and looks great. Big thanks to Eric Diemer, Stroud Media, Brian Ace and the Streets Department. Mayor Probst was looking for an update on the street light out on Thomas. Brian Ace will continue to follow up. 28. Council Member Reports Ms. McCabe advises cars playing loud music is still an issue on Main Street. 29. Solicitor’s Report– Solicitor McDonald has one enforcement item for Executive Session. 30. Manager’s Report– Mr. Ace advises he is working with Mr. Russ Scott with RKR Hess is helping with the LSA Grant for the Ann Street sewer project, we should hear back June/July 2021. Blue Revolver will begin decorating Friday and Saturday this week. 31. Code Enforcement Officer’s Report. No Report 32. Street Superintendent’s Report. No Report 33. Approval of Bills on Warrants 201201. Motion by Mr. Weiss to Approve Bills on Warrants 201201, second by Mr. Evanisko. All in favor, Motion Carries. 34. Public Input for Non-Agenda Items. 35. Executive Session. Motion by Mr. Abell to Adjourn to Executive Session at 8:41pm, second by Mr. Evanisko. All in favor, Motion Carries. Motion by Mr. Weiss to Re-convene Regular Session at 8:56pm, second by Mr. Abell. All in favor, Motion Carries. 36. Adjournment. Motion by Mr. Weiss to Adjourn at 8:56pm, second by Mr. Abell. All in favor, Motion Carries.