Borough Council

MINUTES Stroudsburg Borough Council Meeting Tuesday, April 6, 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 lkopp@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 Lawrence E. Kopp, 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. Introduce the new Borough Manager, Lawrence Kopp. Welcome Larry. 4. Public Hearing and Consideration to Adopt An Ordinance of the Stroudsburg Borough Council to Amend An Ordinance Entitled Motor Vehicles and Traffic, Chapter 15, Part 2, Section §15-205 1. Entitled, “Stop Intersections”. Solicitor McDonald advices we have proof of publication to satisfy the Borough Code. Motion by Mr. Abell to Close and Consideration to Adopt An Ordinance of the Stroudsburg Borough Council to Amend An Ordinance Entitled Motor Vehicles and Traffic, Chapter 15, Part 2, Section §15- 205 1. Entitled, “Stop Intersections”, Second by Ms. McCabe. All in favor, Motion Carries. Motion by Mr. Abell to Adopt An Ordinance of the Stroudsburg Borough Council to Amend An Ordinance Entitled Motor Vehicles and Traffic, Chapter 15, Part 2, Section §15-205 1. Entitled, “Stop Intersections”, Second by Ms. McCabe All in favor, Motion Carries. 5. Approval of Council Meeting Minutes for the Regular Meeting, March 16, 2021. Motion by Mr. Smith to Approve Council Meeting Minutes for the Regular Meeting, March 16, 2021, second by Ms. McCabe. All in favor, Motion Carries. Old Business 6. Consideration to Approve the Preliminary/Final Land Development Plan for Shanti House as prepared by Cornerstone Consulting Engineers and Architectural, Inc. No one from Shanti House was in attendance. Solicitor McDonald has not had any communication with anyone from Shanti House and advises we have until April 30, 2021 to take action. 7. Status of LERTA Ordinance. Mr. Lanfrank advises that Dr. Curry reached out asking if we passed the LERTA Ordinance. Mr. Lanfrank emailed Dr. Curry and Tameko Patterson all information previously sent. 8. Consideration to Direct the Borough Solicitor to research the PA DEP reporting requirements in connection with the request of Robert Miller, Stiff Oil Co., for an amendment to the Sewer Ordinance.Solicitor McDonald advises Council had directed this to the Codes Committee for an Ordinance revision. Mr. Abell advises the Committee reviewed the letter from Stiff Oil’s engineer and is recommending we approve Solicitor McDonald’s time to research the PA DEP reporting requirements. As long as there are no issues the Committee is recommending an Ordinance revision which could take 60-90 days. Mr. Smith asked the new information received be forwarded to all Council members.  Motion by Mr. Abell to Direct the Borough Solicitor to research the PA DEP reporting requirements in connection with the request of Robert Miller, Stiff Oil Co., for an amendment to the Sewer Ordinance, second by Ms. McCabe All in favor Voting YES with Mr. Smith Voting NO, Motion Carries. 9. Consideration to determine a location for the McMichael’s Creek Keystone Marker. Ms. McCabe advises SROSRC is working on signage. Motion by Ms. McCabe to have flexibility with the agenda, second by Mr. Abell. All in favor, Motion Carries. New Business 10. 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 and Ron Kimes received a letter from Attorney Ralph Materga requesting this be tabled until May 4th, Motion by Mr. Smith 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) until May 4, 2021, second by Mr. Abell. All in favor, Motion Carries. 11. Meet with Eron Rouse to discuss the vacancy on the Historical Architectural Review Board. Eron Rouse was in attendance and relayed his passion for historic buildings and architecture. He has lived in the Borough about 2 years on Thomas Street. Ms. McCabe and Mayor Probst advise he has taken great care of his home. Mr. Kimes advises this is replacing Karen Maurath’s unexpired term through the end of the year. Public input by Mary Evanisko. Motion by Mr. Abell to Appoint Eron Rouse to the unexpired remainder of the term on the Historical Architectural Review Board, second by Ms. McCabe. All in favor, Motion Carries. 12. Meet with Joanne Kochanski to discuss the vacancy on the Zoning Hearing Board. Joanne Kochanski has served for over 40 years between the Planning Commission and Borough Council and is looking forward to the changes. She lives in the Borough on Scott Street. Lengthy discussion about members of the board not holding elected or appointed positions in the municipality. Joanne Kochanski is on the Police Commission, Control Center Board and is an Alternate to Borough Council. Public input by Kerry Manning. Joanne Kochanski withdraws her request to the Zoning Hearing Board. 13. Consideration to Adopt a Resolution of the Stroudsburg Borough Council to Authorize the Borough Manager, Lawrence E. Kopp, as a Signatory of Banking Instruments of the Borough of Stroudsburg and to Set Forth the Limits of Said Authority. Motion by Mr. Smith to Adopt a Resolution of the Stroudsburg Borough Council to Authorize the Borough Manager, Lawrence E. Kopp, as a Signatory of Banking Instruments of the Borough of Stroudsburg and to Set Forth the Limits of Said Authority, second by Ms. McCabe. All in favor, Motion Carries. 14. Consideration to Adopt a Resolution of the Stroudsburg Borough Council to Appoint Lawrence E. Kopp, Borough Manager, as the Chief Administrative Officer of the Non-Uniformed Pension Plan.  Motion by Mr. Smith to Adopt a Resolution of the Stroudsburg Borough Council to Appoint Lawrence E. Kopp, Borough Manager, as the Chief Administrative Officer of the Non-Uniformed Pension Plan, second by Ms. McCabe. All in favor, Motion Carries. 15. Consideration to Approve a DEP Grant Agreement through the Flood Protection Grant Program for levee repairs that are needed for the PL 84-99 Rehabilitation Project. Motion by Mr. Smith to Approve a DEP Grant Agreement through the Flood Protection Grant Program for levee repairs that are needed for the PL 84-99 Rehabilitation Project, second by Mr. Abell. All in favor, Motion Carries. 16. Consideration to Appoint John Schnatter as the Assistant Director of Public Works at the annual salary of $61,000.00. Motion by Ms. McCabe to Appoint John Schnatter as the Assistant Director of Public Works at the annual salary of $61,000.00, second by Mr. Abell. All in favor, Motion Carries. 17. 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. Smithto 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. 18. Consideration of a Request from Mr. and Mrs. Dred Dixon, 422 Colbert Street, for the placement of a second Handicapped Parking sign in front of their home. The post would need to be located in a portion of their sidewalk. Motion by Ms. McCabe to Approve a Request from Mr. and Mrs. Dred Dixon, 422 Colbert Street, for the placement of a second Handicapped Parking sign in front of their home with release of liability for the post in the sidewalk (The post would need to be located in a portion of their sidewalk), second by Mr. Abell. All in favor, Motion Carries. 19. Consider the quotations received for the Main Street banners.Mayor Probst advises we received 3 quotes, all local. The 1st quote was $1,017.60, the 2nd quote offers 6 different options and the 3rd quote the vendors attachment could not be opened. The lease expensive double sided option was $675.00.Discussion on the type of banner, 4 individual or 2 double sided, with or without wind slits. Previously Council approved $400 to spend. Public input by Rob Smith. 20. Consideration to Approve a request from Muscle Inc. Gym to conduct a powerlifting meet on Sunday, June 27, 2021 in Courthouse Square as a fundraiser for Special Olympics.Lengthy discussion with Marc Gaudet who runs his business out of Muscle Inc. and has been doing power lifting fundraisers. Looking for the event from 8:30am to 1:30pm with 25-30 competitors, 2 blood drive busses. Will be taking donations. Council advises must be per CDC and PA Health Department guidelines, will need a certificate of insurance and must prevent damage to the sidewalks. Council advises Marc Gaudet to come back with all necessary requirements and requests. Public input by Mary Evanisko, M. Schroeder and Kerry Manning. Motion by Mr. Smith to Approve a request from Muscle Inc. Gym to conduct a powerlifting meet on Sunday, June 27, 2021 in Courthouse Square as a fundraiser for Special Olympics, no 2nd. Motion dies. 21. Consideration to Approve a request from the Pocono Chamber of Commerce LGBTQ Business Council to hold the 2021 Pocono PRIDE Festival on Sunday, June 6, 2021 from 12:00 P.M. to 5:00 P.M. in Courthouse Square and for the placement of Progressive PRIDE Flags along Main Street during June, 2021. Lengthy discussion with Erik Diemer and Mike Moreno who is looking to block off N 7th to Monroe N 6th at Monroe to 7th and around the circle; Frailey insurance is working on naming the Borough and County on the certificate of insurance and approval was granted from the County Commissioners to use Courthouse Square. Food vendors will be on Monroe, masks will be mandatory. There is not a plan yet for the number of people. Last year security were taking counts. There will be alcohol consumption and they are working on getting a liquor license. Omega security services have been hired. Council advises they should come back with all necessary requirements and requests. 22. Consideration to Approve the closure of Monroe Street between 6th Street and 8th Street from 6:00 to 8:00 P.M. for First Saturday Art Walks. Mary Evanisko and Jodie Singer were in attendance. The Art Walks began last Saturday. The artists will be 6 feet apart. We are trying to have the retail businesses stay open until 8:00pm for First Saturday Art Walks. Since sidewalk sales were approved through the end of the year we are looking for approval to have the walks through the end of the year, weather permitting and to have Monroe closed between 6th and 7th, in addition to setting up along Main Street with business owner’s permission. Council advises to come back with the certificate of insurance for approval. 23. Presentation by Angelica Badillo, LMSW, Children’s Service Center, of the HOPE (Helping to Overcome Psychosis Early) Program. Ms. Angelica Badillo gave a presentation on the Children’s Service Center, of the HOPE (Helping to Overcome Psychosis Early) Program. 24. Consideration of a Request from Infinity Auto Spa for a reduction in sewer usage due to a burst pipe. Mr. Abell advises in the past Council has waived a portion of the sewer fee but never the water fee. Ms. Quinn advises per BCRA the 1st quarter usage was 45,700 gallons which is 28,000 gallons higher than usual. Mr. Smith advises this sets a precedent if fees are waived. Motion by Mr. Abell to Table of a Request from Infinity Auto Spa for a reduction in sewer usage due to a burst pipe, second by Ms. McCabe. All in favor, Motion Carries. 25. Consideration to Refund a $500.00 deposit made by Garret Bartelt for the 1990 E-One Protector Pumper. Mr. Bartelt is unable to fulfill his commitment to purchase the vehicle.Ms. Quinn advises there was no formal agreement for the sale of any of the trucks. In addition, we received 4 other inquiries on the truck, had advertised twice in the Pocono Record along with Brindlee Mountain receiving 10% of the sale. Public input by Joanne Kochanski. Motion by Mr. Abell to Denya Request to Refund a $500.00 deposit made by Garret Bartelt for the 1990 E-One Protector Pumper, second by Ms. McCabe. All in favor, Motion Carries. 26. Consideration to Affirm the intent of the BCRA, in accordance with its April 1, 2021 letter to the Waste Water Municipalities, allowing Sanofi to discharge wastewater within a range between 6.0 and 9.0 which is consistent with the Sewer Treatment Agreements. Solicitor McDonald read theletter from BCRA which gets into the governing documents of the Inter-municipal Cooperative Agreement.There is a separate stand along agreement that Pocono Township has with Sanofi that pre-dated the Inter-  municipal Cooperative Agreement. This issue is time sensitive. Mr. Horton/BCRA should present to Council how this could affect the Borough. Motion by Ms. McCabe to Table the intent of the BCRA, in accordance with its April 1, 2021 letter to the Waste Water Municipalities, allowing Sanofi to discharge wastewater within a range between 6.0 and 9.0 which is consistent with the Sewer Treatment Agreements, second by Mr. Abell. All in favor, Motion Carries. 27. Reminder - - Statements of Financial Interest are due in the Borough Manager’s office no later than May 1, 2021. 28. Committee Reports A. Codes Committee– Mr. Abell advises the Committee is still working on Garbage collection. The Backup Sign Ordinance was sent to the Planning Commission.The Special Exception changes should be coming back from the County Planning Commission. Stiff Oil request was discussed. Medical Marijuana facilitiesuse was reviewed and the language in the Ordinance addresses it. We are working on the Sidewalk Ordinance and will continue to crack down on problem properties. The next meeting is April 28th. B. Budget Committee– No meeting C. Parking Committee– The Sheriff’s Department inquired about 2 additional parking spaces. D. Recycling Committee -No meeting E. Sewer Committee–No meeting F. Street Committee -The next meeting is tomorrow at 3:30pm G. Personnel Committee–Brian would like to meet over the next 2 weeks H. Public Relations/Media Committee–Mayor Probst advises the next meeting is April 20th.Mayor Probst wants to thank everyone for the BLM mural. We need to get the PDF for the 3rd banner quote. March was women’s month and we posted about Judge Maggie Worthington, Chief Lyons, Erica McCabe and Erica posted about me. Erica and Adam are working on Concerts in the Park. ESSA provided a grant so the musicians can be paid more. Mayor Probst would like Larry to work on the newsletter. It was last put out January 2020. I. Redevelopment Committee– Mr. Abell advises the Committee met last Thursday with the planners about the South Levee Loop and Creek Walk Trails; Autumn Arthur and Adam Courtney joined. There is boggy ground around the creek and behind ESSA; there are narrow sections behind Earthlight and it will be challenging to create a pathway in addition to behind the Post Office and where to re-connect to Ann Street. On the Levee Loop side where it meets the Veterans Memorial Bridge there is no clear route for access.We may be able to get some money back from SROSRC, Autumn Arthur advises there is still some unused money to spend for trail planning that we can make use us in addition to looking for some grants. The Committee is wrapping up the Open Space Impact Fee and are waiting for the Planning Commission to finish reviewing and to comment. The next meeting is April 21st. J. I-80 Expansion Task Force Committee– Kris Battle would like to welcome Larry. Tarah, Erica and I met with the Governor’s office a few times and they will be coming to town next week to drive around and see all of our issues. We have a meeting with Senator Casey’s office. We have been  sending a lot of information to the transportation committees; both the house and senate. Our issues are with safety of the community, protecting the waterways and if this is the right project for our area. K. Stroud Region Open Space and Recreation Commission– The next meeting will be next week. 29. Mayor’s Report– Mayor Probst advises Amtrak Lobbyist contacted me about the rails. The Philadelphia Inquirer contacted me and will be taking pictures of the town. Senator Casey’s office invited Mayors and advised about the American Rescue Plan; the Borough will be receiving about $550k; the money can be used toward the sewer project. The County will be getting about 33 million dollars. Mayor Probst asked when the bike racks will be going up. The pool is scheduled to open the end of May. The daffodils are pretty and people are picking them, could we put up signs. We have spoken about buses parked on the streets, does that apply to private alleys too? Mr. Kimes advises we have no recourse with a private alley. 30. Council Member Reports Mr. Smith –Would like Council to explore costs for a cloud-based server and possibly save money, PSAB offers programs to look into. We would need a Committee assigned and would like to have Ron Kimes be involved in the research as he has a lot of IT experience and is Microsoft certified. We need more garbage cans on Main Street, the Kut Shop has 2 park benches and no garbage cans. Stroud Foto and Goombas needs additional cans. How will the pool be handled with Covid? Erica advises SROSRC is working on what to do with the pool. There is a 44% increase in Covid in Monroe County. Mr. Abell would like to start working on how to handle post Covid meetings. There is a lot of attendance online. Possibly have both in person and online. We would need to invest in microphones and video cameras. 31. Solicitor’s Report– Solicitor McDonald would like to welcome Larry. Oral arguments will be heard for Adams Outdoor on Monday April 12th and it will be virtual at 9:30am.The Special Exception amendments are publicly advertised this week and next week and will be ready for the Public Hearing at the next meeting. There is more work to be done with the Solid Waste Ordinance. Solicitor McDonald reached out to Easton’s Mayor on Penn Dot and taking back the roads. We had a successful hearing with Judge Zulick about Lee Avenue. Ron Kimes did a great job as a witness and with his preparations. The Judge was motivated to enter an immediate Equity order against the owner. There are Equitable requirements to clean up the property within aspecific timeline. If not followed the Borough could seek sanctions and costs for non-compliance. We will be going through the same with a property on Thomas Street. 32. Manager’s Report– No report 33. Code Enforcement Officer’s Report - No report, Welcome Larry. 34. Street Superintendent’s Report - No report 35. Approval of Bills on Warrants 210406. Motion by Mr. Smith to Approve Bills on Warrants 210406, second by Mr. Abell. All in favor, Motion Carries. 36. Public Input for Non-Agenda Items. Could Council clarify where to find previously recordings of Council meetings. Mr. Lanfrank advises audio recordings only are on the Borough’s website, video records just started up again. 37. Executive Session. No Executive Session 38. Adjournment. Motion by Mr. Smith to Adjourn at 10:00pm, second by Mr. Evanisko. All in favor, Motion Carries.