Borough Council

MINUTES Stroudsburg Borough Council Meeting Tuesday, March 16, 2021 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 James Smith, Mayor Tarah Probst, Solicitor Joseph McDonald, 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 Boyd Weiss. Quorum was present. 2. Pledge of Allegiance. 3. Public Hearing and Consideration to adopt An Ordinance of the Stroudsburg Borough Council to Revise Chapter 15 Motor Vehicles and Traffic, Part 7, Residential Parking Districts, Section §15-706 Entitled, “Residency Required for Permit”. Motion by Mr. Smith to Close Public Hearing and Consideration to adopt An Ordinance of the Stroudsburg Borough Council to Revise Chapter 15 Motor Vehicles and Traffic, Part 7, Residential Parking Districts, Section §15-706 Entitled, “Residency Required for Permit”, second by Mr. Abell. All in favor, Motion Carries. Motion by Mr. Abell to Adopt An Ordinance of the Stroudsburg Borough Council to Revise Chapter 15 Motor Vehicles and Traffic, Part 7, Residential Parking Districts, Section §15-706 Entitled, “Residency Required for Permit”, second by Ms. DeVries. All in favor, Motion Carries. 4. Approval of Council Meeting Minutes for the Regular Meeting, March 2, 2021. Motion by Mr. Abell to Approve Council Meeting Minutes for the Regular Meeting, March 2, 2021, second by Ms. DeVries. All in favor Voting Yes with Mr. Smith Abstaining, Motion Carries. 5. Monthly Administrative Reports a. Permits Issued Report d. Fire Department Report b. Public Works Report e. Right-To-Know Report c. Parking Report f. Police Department Report (provided via email) Motion by Mr. Smith to Accept Monthly Administrative Reports, second by Mr. Abell. All in favor, Motion Carries. 6. Accept Unaudited February, 2021 Treasurer’s Report. a. Bank Account Balances b. Budget to Actual Report Motion by Mr. Smith Accept Unaudited February, 2021 Treasurer’s Report, second by Mr. Evanisko. All in favor, Motion Carries. Old Business 7. Consideration to Approve the Preliminary/Final Land Development Plan for Shanti House as prepared by Cornerstone Consulting Engineers and Architectural, Inc. No representation from Shanti House. Solicitor McDonald spoke to Attorney Wolfe who expected someone to be at the meeting. Mr. Abell  wanted to clarify the number of dwelling units as part of the land development agreement. That has been completed and added to the proposed agreement. 8. Consideration to Approve the Preliminary/Final Land Development Plan for Alpha Recycling as prepared by Gilmore and Associates, Inc. at 2 Katz Drive. Lengthy discussion on the list of conditions from Nate Oiler which have been agreed upon and will be resolved in addition to the driveway comment from Ron Kimes. Solicitor McDonald advises Conditions 1 & 9 relate to the Lot Consolidation plan. Sean advises they are waiting for information from BCRA. Motion by Mr. Abell to Conditionally Approve,based on Nate Oilers March 16, 2021 letter listing all conditions onthe Preliminary/Final Land Development Plan for Alpha Recycling as prepared by Gilmore and Associates, Inc. at 2 Katz Drive within 90 days, second by Ms. DeVries. All in favor, Motion Carries. 9. Consideration to Extend allowable Outdoor Dining sidewalk areas. Motion by Mr. Abell to Extend allowable Outdoor Dining, Outdoor Heaters and Sidewalk Sales during open hours through December 31, 2021, second by Ms. McCabe. All in favor, Motion Carries. 10. Follow-up regarding turn back Main Street initiative. Lengthy discussion ensued about the Penn Dot letter received. Motion by Mr. Abell to direct Solicitor McDonald to look at the take back and the difference between the Borough and a 3rd class city similar to Easton, second by Ms. McCabe. Public input from Peter Solotruk. All in favor Voting YES (Jim Evanisko, Anthony Lanfrank, Matt Abell, Victoria DeVries and Erica McCabe), Voting NO (James Smith). Motion Carries. 11. Status of Bike Rack Project. Mr. Ace advises the bike racks are complete and will be set up weather permitting. 12. Status of LERTA Ordinance. No Update. New Business 13. Consider Approval of the Subdivision plans of Mark Four Realty, LP c/o Lightstone Group for the properties located at 51-53 North Third Street (near McConnell and North Third Street).Extension granted by the applicant to May 18, 2021.Solicitor McDonald spoke to Attorney Materga and advises we were granted a continuance about the lot consolidation; the survey needs to go to Mr. Oiler. Motion by Ms. McCabe to Table the Subdivision plans of Mark Four Realty, LP c/o Lightstone Group for the properties located at 51-53 North Third Street (near McConnell and North Third Street), second by Mr. Abell. All in favor, Motion Carries. 14. Consideration to Schedule a public hearing for a Garbage Collection Ordinance. Discussion on cost; the estimation is $75-80 per quarter plus a small administrative fee. Pricing would be confirmed once sent out to bid. Mr. Ace advises East Stroudsburg has 3 different size containers. Waste Management recommends one can size. This would not go into effect until January 2023. Public Comment from Kerry Manning and Peter Solotruk. Motion by Mr. Abell to Schedule a public hearing April 20, 2021 for a Garbage Collection Ordinance, second by Ms. McCabe. All in favor Voting Yes with Mr. Smith Voting No, Motion Carries. 15. Consideration to Schedule a public hearing for a revision to the Sign Ordinance. Solicitor McDonald advises this is from the Codes Committee under Chapter 8 of the Zoning Ordinance. Mr. Abell advises this should forward to the Planning Commission. Motion by Mr. Smith to send to the Planning Commission for a revision to the Sign Ordinance, second by Ms. McCabe. All in favor, Motion Carries. 16. Consideration to Schedule a public hearing for the Special Exception Ordinance. We are waiting to hear back from the Planning Commission. Motion by Mr. Abell to Schedule a public hearing April 20, 2021 for the Special Exception Ordinance, second by Ms. McCabe. All in favor, Motion Carries. 17. Consideration to Revise §15-205, “Stop Intersections” with the addition of stop signs on Lee Avenue, Stokes Avenue, Colbert Street, Bryant Street, and Clermont Street. Motion by Ms. McCabe to Revise §15-205, “Stop Intersections” with the addition of stop signs on Lee Avenue, Stokes Avenue, Colbert Street, Bryant Street, and Clermont Street conditionally with no traffic counts required, second by Mr. Abell. All in favor, Motion Carries. 18. Consideration to Adopt a Revised Permit and License Fee Schedule. Motion by Mr. Abell to Adopt a Revised Permit and License Fee Schedule, second by Mr. Smith. All in favor, Motion Carries. 19. 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. Abell. All in favor, Motion Carries. 20. Consideration to Approve a request from the Pocono Irish American Club to hold an Irish Festival in Courthouse Square on Saturday, September 11, 2021. Discussion with Mr. Brian Gallagher about closing 7th Street from Main Street to Sarah Street, in addition to Monroe Street between 6th and 8th. Possibly the Farmers Market could stay on Monroe Street and stay open longer. Mayor Probst advises of the Courthouse expansion. Motion by Ms. McCabe to Approve a request from the Pocono Irish American Club to hold an Irish Festival in Courthouse Square on Saturday, September 11, 2021 per CDC and PA Health Department guidelines, second by Mr. Evanisko. Motion Withdrawn. Motion by Ms. McCabe to Conditionally Approve a request from the Pocono Irish American Club to hold an Irish Festival from 7th Street between Main and Sarah and Monroe between 7th and 8th on Saturday, September 11, 2021 per CDC and PA Health Department guidelines, second by Mr. Evanisko. Public Input from Peter Solutruk. All in favor, Motion Carries. 21. Consideration to Approve a request from Fusia Dance Center to hold a flash mob on Saturday, April 3, 2021. Ms. Francesca Marinaro advises it will be a fun outdoor activity for about an hour. Motion by Ms. McCabe to Approve a request from Fusia Dance Center to hold a flash mob on Saturday, April 3, 2021 in Courthouse Square, second by Mr. Smith. All in favor, Motion Carries. 22. Consideration to Approve a request from Robert Miller, Esq., President of Stiff Oil Co. to amend Sections §27-321 “Connection Required” and 26-322 “Unlawful to Maintain Private Supply System of the Stroudsburg Borough Code. Mr. Dalton and Mr. Miller were in attendance. Lengthy discussion about 2 current DEP projects and ground water. Mr. Lanfrank would like Codes and Solicitor McDonald to advise. Motion by Ms. McCabe to send the request from Robert Miller, Esq., President of Stiff Oil Co. to amend Sections §27-321 “Connection Required” and 26-322 “Unlawful to Maintain Private Supply System of the Stroudsburg Borough Code to the Codes Committee, second by Mr. Abell. All in favor, Motion Carries. 23. Consideration to Approve a request from the Monroe County Sheriff and the Commissioners fortwo (2) spaces on Sarah Street, right before PNC Bank (by the generator) beginning March 31, 2021 when construction begins at the Courthouse through 2023. Motion by Ms. McCabeto Approve a request from the Monroe County Sheriff and the Commissioners fortwo (2) spaces on Sarah Street, right before PNC Bank (by the generator) beginning March 31, 2021 when construction begins at the Courthouse through 2023, second by Mr. Abell. Motion Fails. Motion by Mr. Smith to Approve a request from the Monroe County Sheriff and the Commissioners fortwo (2) spaces on Sarah Street, right before PNC Bank (by the generator) beginning March 31, 2021 when construction begins at the Courthouse through 2023 at a cost of $992 per space, second by Ms. DeVries. All in favor, Motion Carries. 24. Consideration to Approve a request from Brodhead Creek Regional Authority to use the Borough property at Wallace Street and Brown Street as a staging area to store pipe related materials and stone for the 8th Street Water Main Improvement Project. Motion by Mr. Smith to Approve a request from Brodhead Creek Regional Authority to use the Borough property at Wallace Street and Brown Street as a staging area to store pipe related materials and stone for the 8th Street Water Main Improvement Project, second by Mr. Abell. All in favor, Motion Carries. 25. Consideration to Approve a request from Stroud Region Open Space and Recreation Commission to conduct the Levee Loop Trail Run and Walk on Sunday, June 6, 2021. Motion by Mr. Smith to Approve a request from Stroud Region Open Space and Recreation Commission to conduct the Levee Loop Trail Run and Walk on Sunday, June 6, 2021, second by Mr. Abell. All in favor, Motion Carries. 26. Discussion, re: ownership of Keller Alley.Solicitor McDonald advises Barth Rubin is the owner. A past Ordinance #109 from 1915 was entered into the Minutes book and logged with 12 owners. In 2018 Council gave the Alley a name. The Alley is not listed on Penn Dot’s liquid fuels map. There has never been any maintenance from the Borough. There is a storm drain blockage currently. Lengthy discussion on past history and ownership of the Alley. 27. Consideration to Approve advertising “in-house” for an Assistant Street Superintendent at an annual salary of $61,000.00 as recommended by the Personnel Committee.  Motion by Ms. McCabeto Approve advertising “in-house” for an Assistant Street Superintendent at an annual salary of $61,000.00 as recommended by the Personnel Committee, second by Mr. Smith. All in favor, Motion Carries. 28. Committee Reports A. Codes Committee– Mr. Abell advises we went over 3 agenda items, we are looking at Problem Properties, Sidewalk Ordinance, Medical Marijuana facilities use, Knox box Ordinance and Stiff Oil. The next meeting is March 24th. B. Budget Committee– No Report C. Parking Committee– The next meeting will be March 23rd D. Recycling Committee - No Report E. Sewer Committee - No Report F. Street Committee– Mayor Probst advises we are still working on the Main Street take back, stop signs, crosswalk art. Ben Guthrie got back to Brian with a long list from Penn Dot for the 5-point intersection. Mr. Abell asked if there is an update to the Borough wideroad repair list, Brian will have a listing over the next week. Public input by Peter Solotruk. G. Personnel Committee - No Report H. Public Relations/Media Committee– Mayor Probst would like to thank the Pocono Mountains Visitors Bureau, Corporal Acosta, Jim Evanisko, Brian Ace, Adam Courtney, Tobias Sabatine, Victoria Devries and Erica McCabe for the BLM Muriel. We are running out of room for Veterans flags. Brian Ace advises we can put flags up on Lower Main. Working on June teenth flags. Novus is working on Pride flags. Mayor Probst would like 2 banners in town to have up when no other banners are up. One by 9th and one by 5th. Stroudsburg Borough Diversity and Quality Community and Stroudsburg Borough, we are everybody’s Downtown. Motion by Mr. Abell to approve spending up to $400 to the PR Committee to print 2 banners, second by Mr. Smith. Public input from Michael Schroeder. All in favor, Motion Carries. The Visitors Bureau may be able to get a grant for Plaques.The Sherman Theater will be doing concerts at ESSA on the grassy area at South 8th. The Courthouse is not available with the expansion but Greg Christine is allowing use of Courthouse Square between 6:00pm to 8:00pm on Thursday nights. Motion by Ms. McCabe to use Courthouse Square for Concerts in the Park, second by Mr. Abell. All in favor, Motion Carries. Adam Courtney will be contacting a car club to have an antique car and motorcycle event. Please send updated pictures and bio’s for the newsletter. Rich Berkowitz owns the murals by Shanti House and we can use and place around the Borough. Public input from Tobias Sabatine. I. Redevelopment Committee– Mr. Abell advises the revised commercial overlay map was sent. The Committee is working on the Open Space Impact Ordinance, initial plan for the South Levee and Creek walk Trails, met with Bio Specta, Special Exception Revision, Revising Sewer EDU’s calculation, parking garage study. Mr. Abell has a question about the INI study for sewer infiltration. Mr. Ace advises everything went on hold prior to Covid and will resume.  J. I-80 Expansion Task Force Committee– We will be meeting with the Governor’s cabinet member. We last met prior to Covid. K. Stroud Region Open Space and Recreation Commission - The next meeting will be March 23rd 29. Mayor’s Report– No Report 30. Council Member Reports – No Report 31. Solicitor’s Report– Solicitor McDonald advises at the last meeting Council authorized the Commercial overlay district to be approved April 6th but we need to give a minimum 30-day notice to property owners affected by the change. Ron Kimes will work with the County Planning Commission for an accurate list. We need to move the date from April 6th to April 20th. Mr. Kimes may have the listing this Thursday. The Lee Avenue property owner hired local Counsel and filed an answer to our complaint alleging she has not done anything wrong. We have a petition for injunction relief. Solicitor McDonald is working on the Labar Village complaint. Mr. Kimes advises the representative sent a sale offer to the property owner. 32. Manager’s Report– Mr. Ace has 2 items for Executive Session 33. Code Enforcement Officer’s Report–Mr. Kimes advises there is a vacancy for the Zoning Hearing Board and HARB. 34. Street Superintendent’s Report - No Report 35. Approval of Bills on Warrants 210316. Motion by Mr. Smith to Approve Bills on Warrants 210316, second by Mr. Evanisko. All in favor, Motion Carries. 36. Public Input for Non-Agenda Items. No Public Input 37. Executive Session. Motion by Mr. Smith to Adjourn to Executive Session at 9:27pm, second by Mr. Abell. All in favor, Motion Carries. 38. Adjournment. Motion by Mr. Abell to Adjourn at 9:42pm, second by Ms. McCabe. All in favor, Motion Carries.