Borough Council

MINUTES Stroudsburg Borough Council Meeting Tuesday, January 5, 2021 at 7:00 P.M. 1. Call Meeting to Order/Roll Call - Present were: Council Member Jim Evanisko, Council Member Boyd Weiss, Mayor Tarah Probst, Solicitor Joseph McDonald, Council President Anthony Lanfrank, Borough Manager Brian Ace Jr., Council Vice President Matt Abell and Council Member Erica McCabe. Absent was Council Member James Smith and Council Member Victoria DeVries. A Quorum was present. 2. Pledge of Allegiance 3. Position Appointments a. Borough Solicitor: Joseph P. McDonald, Jr., Esq. Motion by Mr. Weiss to Appoint Borough Solicitor: Joseph P. McDonald, Jr., Esq., second by Ms. McCabe. All in favor, Motion Carries. b. Borough Engineer: Nate Oiler, P.E., RKR Hess, a division of UTRS. Motion by Ms. McCabe to Appoint Borough Engineer: Nate Oiler, P.E., RKR Hess, a division of UTRS, second by Mr. Weiss. All in favor, Motion Carries. c. Financial Advisory Consultant: Christopher M. Gibbons, Concord Public Finance. Motion by Mr. Weiss to Appoint Financial Advisory Consultant: Christopher M. Gibbons, Concord Public Finance, second by Ms. McCabe. All in favor, Motion Carries. d. Zoning Hearing/Codes Hearing Board Solicitor: Todd Weitzmann, Esq. Motion by Mr. Abell to Appoint Zoning Hearing/Codes Hearing Board Solicitor: Todd Weitzmann, Esq., second by Mr. Weiss. All in favor, Motion Carries. e. Planning Commission Solicitor: Christopher Brown, Esq. Motion by Ms. McCabe to Appoint Planning Commission Solicitor: Christopher Brown, Esq., second by Mr. Weiss. All in favor, Motion Carries. f. Right-to-Know Officer: Mary Pat Quinn. Motion by Ms. McCabe to Appoint Right-to-Know Officer: Mary Pat Quinn, second by Mr. Abell. All in favor, Motion Carries. g. Health Officer: Thomas Detweiler Motion by Mr. Weiss to Appoint Health Officer: Thomas Detweiler, second by Mr. Abell. All in favor, Motion Carries. h. Alternate Borough Engineer: Michael Schwartz, Gilmore and Associates, Inc. Motion by Mr. Weiss to Appoint Alternate Borough Engineer: Michael Schwartz, Gilmore and Associates, Inc, second by Mr. Abell. All in favor, Motion Carries. i. Vacancy Board Chair: Joanne Kochanski. Motion by Ms. McCabe to Appoint Vacancy Board Chair: Joanne Kochanski, second by Mr. Abell. All in favor, Motion Carries. 4. Annual Board Appointments a. Council of Governments representative: (Tarah Probst), Alternate: (Erica McCabe). Motion by Mr. Weiss to Appoint Council of Governments representative: (Tarah Probst), Alternate: (Erica McCabe), second by Mr. Abell. All in favor, Motion Carries.  b. MECAB (Middle Eastern Council Assoc. of Boroughs) representative: (Boyd Weiss), Alternate: (Joanne Kochanski). Motion by Mr. Abell to Appoint MECAB (Middle Eastern Council Assoc. of Boroughs) representative: (Boyd Weiss), Alternate: (Joanne Kochanski), second by Ms. McCabe. All in favor, Motion Carries. c. Tax Collection Committee: (Mary Pat Quinn), Alternates: (Tarah Probst) and (Erica McCabe). Motion by Mr. Weiss to Appoint Tax Collection Committee: (Mary Pat Quinn), Alternates: (Tarah Probst) and (Erica McCabe), second by Mr. Abell. All in favor, Motion Carries. 5. Board and Commission Appointments a. H.A.R.B. (Historical Architectural Review Board) 4-year terms: (Yarrow Heil, Margot Vagliardo). 1-year term: (Ronald Kimes). One vacancy; term expires 12-31-2021. Motion by Mr. Abell to Appoint H.A.R.B. (Historical Architectural Review Board) 4-year terms: (Yarrow Heil, Margot Vagliardo). 1-year term: (Ronald Kimes). One vacancy; term expires 12-31- 2021, second by Mr. Weiss. All in favor, Motion Carries. b. Planning Commission 4-year terms: (George Nunn, Vacancy). Motion by Mr. Weiss to Appoint Planning Commission 4-year terms: (George Nunn, Vacancy), second by Mr. Abell. All in favor, Motion Carries. c. Zoning Hearing Board 5-year term: (Mary Ann Kowalyshyn). Motion by Mr. Abell to Appoint Zoning Hearing Board 5-year term: (Mary Ann Kowalyshyn)., second by Mr. Weiss. All in favor, Motion Carries. d. Shade Tree Commission 5-year term: (Boyd Weiss). One vacancy; term expires 12-31-2021. Motion by Mr. Abell to Appoint Shade Tree Commission 5-year term: (Boyd Weiss). One vacancy; term expires 12-31-2021, second by Ms. McCabe. All in favor, Motion Carries. e. Stroud Area Regional Police Commission 3-year term: (Mary Pat Quinn). Motion by Ms. McCabe to Appoint Stroud Area Regional Police Commission 3-year term: (Mary Pat Quinn), second by Mr. Abell. Mr. Lanfrank advises Mr. Smith is opposed to no Council Member being appointed on the Commission. Ms. McCabe advises this was discussed previously and it’s not recommended to make any changes until negotiations are complete. All in favor, Motion Carries. f. Monroe County Control Center 1-year term: (Joanne Kochanski, Mary Pat Quinn). Motion by Mr. Abell to Appoint Monroe County Control Center 1-year term: (Joanne Kochanski, Mary Pat Quinn), second by Ms. McCabe. All in favor, Motion Carries. g. Stroud Region Open Space and Recreation Commission 3-year term (Erica McCabe). Motion by Mr. Abell to Appoint Stroud Region Open Space and Recreation Commission 3-year term (Erica McCabe), second by Mr. Evanisko. All in favor, Motion Carries. h. Brodhead Creek Regional Authority 5-year term: (Eric Scelza) Motion by Mr. Abell to Appoint Brodhead Creek Regional Authority 5-year term: (Eric Scelza), second by Ms. McCabe. Ms. Quinn advises Mr. Scelza has a lot of knowledge. All in favor, Motion Carries. 6. Consider Approval of Depositories a. ESSA Bank and Trust. Motion by Ms. McCabe to Approve ESSA Bank and Trust, second by Mr. Abell. All in favor, Motion Carries. b. PA Treasury Invest Program. Motion by Mr. Abell to Approve PA Treasury Invest Program, second by Ms. McCabe. All in favor, Motion Carries. c. PLGIT (Pennsylvania Local Government Investment Trust). Motion by Ms. McCabe to Approve PLGIT (Pennsylvania Local Government Investment Trust), second by Mr. Abell. All in favor, Motion Carries. 7. Committee Assignments as designated by the Council President. Mr. Lanfrank advises the Committees will remain the same. a. Finance Committee b. Street Committee c. Sewer Committee d. Codes Committee e. Recycling Committee f. Parking Committee g. Public Relations/ Media Committee h. Redevelopment Committee i. Personnel Committee j. I-80 Expansion Task Force k. Stroud Region Open Space and Recreation Commission 8. Consider Approval of the Borough Mileage Reimbursement Rate, to be set at the 2021 Government/Internal Revenue Service Rate of 56 cents per mile driven for business use. Motion by Mr. Weiss to Approve the Borough Mileage Reimbursement Rate, to be set at the 2021 Government/Internal Revenue Service Rate of 56 cents per mile driven for business use, second by Ms. McCabe. All in favor, Motion Carries. 9. Consider Authorizing early payment of invoices for discounts and/or to avoid late charges. Motion by Mr. Abell to authorizing early payment of invoices for discounts and/or to avoid late charges, second by Ms. McCabe. All in favor, Motion Carries. 10. Approval of Council Meeting Minutes: Regular Meeting, December 15, 2020. Motion by Mr. Weiss to Approve Council Meeting Minutes Regular Meeting, December 15, 2020, second by Ms. McCabe. All in favor Voting YES with Mr. Lanfrank Abstaining, Motion Carries. 11. Approval of Council Meeting Minutes: Special Meeting, December 22, 2020. Motion by Mr. Abell to Approve Council Meeting Minutes: Special Meeting, December 22, 2020, second by Mr. Weiss. All in favor Voting YES with Ms. McCabe Abstaining, Motion Carries. Old Business 12. Consideration to submit a Use of Facilities Form to the Stroudsburg Area School District for the placement of the portable ice rink on SASD property. Discussion about using 3rd Street Park or Bryant Park instead of the school property. Mr. Ace advises this will be set up and filled next week. Motion by Mr. Abell to for the placement of the portable ice rink at the 3rd Street Park, second by Ms. McCabe. All in favor, Motion Carries. 13. Status of bike racks. No Update 14. Status of LERTA Ordinance. No Update New Business 15. Consideration to schedule a public hearing for consideration of An Ordinance of the Stroudsburg Borough Council to Amend an Ordinance Entitled “Motor Vehicles and Traffic”, Chapter 15, Part 3, Section §15-308 Entitled, “Parking Time Limited in Certain Locations, Certain Days and Hours”; §15-312 Entitled, “Penalties”; §15-316 Entitled, “Handicapped Parking Zones Established”; §15-318 Entitled, “Penalties”; §15-319 Entitled, “Electric Vehicle Charging Station Zones”; and §15-412 Entitled, “Fines” Motion by Ms. McCabe to schedule a public hearing January 19, 2021for consideration of An Ordinance of the Stroudsburg Borough Council to Amend an Ordinance Entitled “Motor Vehicles and Traffic”, Chapter 15, Part 3, Section §15-308 Entitled, “Parking Time Limited in Certain Locations, Certain Days and Hours”; §15-312 Entitled, “Penalties”; §15-316 Entitled, “Handicapped Parking Zones Established”; §15-318 Entitled, “Penalties”; §15-319 Entitled, “Electric Vehicle Charging Station Zones”; and §15-412 Entitled, “Fines”, second by Mr. Abell. All in favor, Motion Carries. 16. Consideration to appoint Nancy Gordon as a part-time Parking Enforcement Officer for 24 hours per week at $16.88 per hour pursuant to the 2018-2020 Collective Bargaining Agreement for a part-time Meter Attendant (Minimum Job Rate). Motion by Ms. McCabe to appoint Nancy Gordon as a part-time Parking Enforcement Officer for 24 hours per week at $16.88 per hour pursuant to the 2018-2020 Collective Bargaining Agreement for a part-time Meter Attendant (Minimum Job Rate), second by Mr. Abell. All in favor, Motion Carries. 17. Consideration to approve a proposal from Kirk, Summa and Company, LLP. in the amount of $17,500.00 for the preparation of the 2020 Audited Financial Statements of the Borough of Stroudsburg. Motion by Mr. Weiss to approve a proposal from Kirk, Summa and Company, LLP. in the amount of $17,500.00 for the preparation of the 2020 Audited Financial Statements of the Borough of Stroudsburg, second by Ms. McCabe. All in favor, Motion Carries. 18. Consideration to approve a proposal from Kirk, Summa and Company, LLP. in the amount of $1,800.00 for the preparation of the 2020 Audited Financial Statements of Twin Boroughs Recycling (to be paid out of the Twin Borough Recycling Fund). Motion by Mr. Abell to approve a proposal from Kirk, Summa and Company, LLP. in the amount of $1,800.00 for the preparation of the 2020 Audited Financial Statements of Twin Boroughs Recycling (to be paid out of the Twin Borough Recycling Fund), second by Ms. McCabe. All in favor, Motion Carries. 19. Consideration to approve a proposal from Tom Josiah Consulting, LLC. in the amount of $10,000.00 for the accounting services required to prepare for the 2020 Audit. Motion by Mr. Weiss to approve a proposal from Tom Josiah Consulting, LLC. in the amount of $10,000.00 for the accounting services required to prepare for the 2020 Audit, second by Ms. McCabe. All in favor, Motion Carries. 20. 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 Ms. Weiss 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 Ms. McCabe. All in favor, Motion Carries. 21. Acknowledge and consider the offers to purchase Borough-owned fire apparatus: a. 1986 Pierce Ford Commercial Pumper. Asking price is $10,000.00. An offer was received from Kaegan Horvat to purchase the vehicle for $5,500.00. Fire Chief Franz recommends taking this offer as this has been advertised for a long time. Ms. Quinn advises the Borough has had 2 bid openings in October and November 2020 with no bids being submitted; emails were sent to all Monroe County municipalities; then we reached out to Brindlee to market the sale. Brindlee will receive 10% of the sale price. Motion by Mr. Abell to Approve the offer to purchase Borough-owned 1986 Pierce Ford Commercial Pumper from Kaegan Horvat for $5,500.00, second by Mr. Weiss. All in favor, Motion Carries. b. 1999 EVI/Spartan Rescue Truck. Asking price is $30,000.00. Two offers were received: East Howellsville, NC Fire Department offered the full price of $30,000.00, and Marcelo A. Araya offered the full price of $30,000.00 on behalf of the Corte Alto Fire Department, Chile, South America. Motion by Mr. Abell to Approve the offer to purchase Borough-owned 1999 EVI/Spartan Rescue Truck from East Howellsville, NC Fire Department for $30,000.00, second by Ms. McCabe. All in favor, Motion Carries. 22. Solicitor’s Report – Solicitor McDonald has provided a draft to Mr. Ace and Mr. Kimes on the Equity Complaint authorized in the fall to take action on 124 Lee Avenue Rear property which is delinquent on several Borough Ordinances. Solicitor McDonald is fact checking to verify chronologically. We are seeking an injunction in Common Pleas Court. The owner on record has 2 addresses, one in Edison New Jersey and the other in the Bronx, New York. This will address violations in the Vacant and Abandoned Building Code, Uniform Construction Code, Uniform Property Maintenance Code and Outdoor Maintenance Code for weeds. The goal is for the court take jurisdiction and to impose strict guidelines for compliance. We are also seeking a court order for authorization to enter the property to check for any structural issues. The goal is to get this served. Solicitor McDonald will look and see if there is any local representation on behalf of the owner. The owners name is Graznya Lasak. Solicitor McDonald thanks Council for the re-appointment. 23. Mayor’s Report – Mayor Probst advises the Streets Committee will meet tomorrow and will be reviewing minutes, no new agenda. Christmas tree pickup will be Monday and Fridays through the end of January. Thanks to the Streets department for snow cleanup. 24. Council Member Reports. Mr. Abell advises at the last Codes Committee there was discussion on the legality of digital off premise signage. Solicitor McDonald would like Council to approve billable hours to work on this. Motion by Mr. Abell to Approve billable hours for Solicitor McDonald to research, second by Ms. McCabe. Solicitor McDonald advises this is related to pending litigation and should be discussed in Executive Session. Motion Withdrawn and can address after Executive Session. 25. Manager’s Report – Mr. Ace advises Blue Revolver will be back in town between tomorrow and Thursday to remove the overhead lighting, gold arches and movie titles. They will be donating all the lights in the trees, wreaths and garland which they will leave up. One personnel item for Executive Session. 26. Code Enforcement Report – Mr. Kimes advised Outdoor Dining Licenses were extended through December 31, 2020. Restaurants are still putting seating outside. Mayor Probst and Mr. Lanfrank advised outdoor seating, sidewalk sales and heaters were extended through March 31, 2021. 27. Approval of Bills on Warrants 210105. Motion by Ms. McCabe to Approve Bills on Warrants 210105, second by Mr. Weiss. All in favor, Motion Carries. 28. Public Input on Non-Agenda Items. Ms. Kochanski thanks Council for the re-appointments. 29. Executive Session-Personnel/Contract Negotiation. Motion by Mr. Weiss to Adjourn to Executive Session at 7:39pm, second by Ms. McCabe. All in favor, Motion Carries. Motion by Mr. Weiss to Reconvene the Regular Session at 8:25pm, second by Ms. McCabe. All in favor, Motion Carries. 30. Adjournment Motion by Mr. Weiss to Adjourn at 8:25pm, second by Ms. McCabe. All in favor, Motion Carries.