MINUTES

STROUDSBURG BOROUGH COUNCIL MEETING

OCTOBER 7, 2009

7:15 P.M.

1.                 Council President Kim M. Diddio called the meeting to order at 7:15 PM .   Borough Manager Barbara K. Quarantello called roll.  Members present:  Ms. Diddio, Council Vice-President Neil Allen, Councilmembers Joanne Kochanski, Boyd Weiss , and Matthew Abell. Borough Solicitor Ralph Matergia and Mayor Charles Baughman were also in attendance.  Council Member Eric Scelza arrived at 7:19 PM, and Council Member Jeff rey Ewen arrived at 7:20 PM.

2.                 The Pledge of Allegiance was recited.

There was a moment of silence in honor and memory of Fire Chief Butch Kochanski, who passed away on September 30, 2009.

Assistant Fire Chief Todd Martin thanked Borough Council for their support and cooperation during this difficult time. 

3.                 Public Input:  Mr. and Mrs. Austin of Dreher Avenue spoke to Council about issues involving the alley behind their home.  Their attorney feels it is Borough property and, therefore, the Borough’s responsibility.  Mr. Matergia stated he spoke to their attorney and informed him that it is a private alley.  If they feel that is an error, their attorney should do a title search on the property. Ms. Diddio stated that if Mrs. Austin’s attorney has found documentation that the alley is Borough property, he should forward a letter to Mrs. Quarantello stating so.  Mr. Austin stated there are also many nuisance, health, and ordinance violations taking place in the alley.  Mr. Matergia said that is a different issue, and those matters should be brought to the zoning officer and staff for their review. 

Attorney Jeff Worthington spoke to Council regarding Middletown Ventures, the apartment project proposed for North Second Street .  He stated there is a 1930 deed restricting a building being constructed any closer than 12’ of the sidewalk. The Borough added the request for a sidewalk on Kraemer Avenue when the plans were submitted, with the building being only 8’ from the sidewalk. Council discussed amending the development agreement to allow the developer to seek elimination of this restriction in the deed.  Mr. Matergia stated he will meet with Mr. Worthington and have suggestions at the Council meeting on October 15, 2009. 

4.                 Approval of Minutes:  Motion by Mr. Weiss, second by Mr. Abell, to approve the minutes from the Council meeting on September 17, 2009.  Motion passed unanimously.

5.                 Old Business:

a.       Discussion with PennDOT Representatives Regarding the Seventh Street Bridge Replacement Project:  Representatives from PennDOT presented the proposal for the project as well as their suggestions for detours.  The project includes the bridge span being increased from 90’ to 152’.  The width of the roadway on the bridge will increase from 32’ to 34’ to meet PennDOT standards.  To accommodate this, the sidewalks will be reduced from 6’ to 5’4”.  There will be a turnaround area at the intersection of Ann Street and Broad Street by the park.  Although no timeline was given, PennDOT is also proposing widening I-80 from 2 lanes to 3 lanes.  Discussion followed.

Ms. Diddio suggested forming a committee to look at all of the issues.  Mr. Abell, Mr. Weiss, and Mayor Baughman all volunteered to serve on the committee.  The Borough will have to decide if they want to allow left turns from South Seventh onto Ann Street .  Discussion followed regarding proposed detours, especially for general truck traffic and oversized trucks.  The PennDOT representatives said they are here looking for suggestions from Council for some of these issues.  The committee agreed to discuss vehicular and pedestrian detours, public use of the Ann Street Park , the left turn lane, and a barrier between and roadway and sidewalk on the bridge. 

b.       Consider Request of Jacob Stroud Corporation for their Annual Auto’s in Autumn Car Show on Saturday, October 10^th :  Motion by Mr. Scelza, second by Mr. Abell, to approve.  Motion passed unanimously.

6.       New Business

a.       Consider Authorization to Adopt a Resolution Implementing the National Incident Management System (NIMS) Required by the Department of Homeland Security:  Motion by Mr. Weiss, second by Mr. Scelza, to adopt the NIMS resolution.  Motion passed unanimously.

b.       Discussion of Proposed Refunding of the Series 2005 Bond Obligation:  Mrs. Quarantello stated she spoke to Chris Gibbons from Concord Financial regarding this, and he calculated we would have a net savings of $169,867.46.  Motion by Mr. Scelza, second by Mr. Weiss, to approve.  Motion passed unanimously.

c.       Consider Authorization of Payment to Municipal Energy Managers for Second Billing against the Performance Commencement of the guaranteed Turnkey Performance Agreement in Compliance to Schedule E:  Mrs. Quarantello stated this payment will be in the amount of $150,525.  It will give us a lower rate on our bills beginning in November, 2009.  Motion by Mr. Scelza, second by Mrs. Kochanski, to authorize the payment to M.E.M.   Motion passed unanimously.

d.       Consider Authorization to set the Halloween Trick and Treat Date and Time as Saturday, October 31, 2009, from 6 PM to 8 PM:  Motion by Mr. Abell, second by Mr. Scelza, to approve this date and time and to include closing Thomas and Scott Streets between Fifth and Eighth Streets.  Motion passed unanimously.

e.       Consider Request of the Monroe County Historical Society to hold their Second Annual “Olde Time Fun in the Park” Event at the Ann Street Park on Saturday, June 5, 2010:  Motion by Mr. Abell, second by Mrs. Kochanski, to approve.  Motion passed unanimously.

f.        Consider Sending a Letter of Support to the Pennsylvania Environmental Council for the Wilkes-Barre & Eastern Trail/Greenway Feasibility/Master Plan.  Motion by Mr. Abell, second by Mrs. Kochanski, to approve.  Motion passed unanimously.

g.       Discuss Cell Tower Ordinance:  Council discussed the ordinance.  Mr. Matergia said he and the staff met with Charlie Schmehl to discuss whether height restrictions in the zoning ordinance allow us to meet the federal regulations.  Council agreed to discuss this further after Mr. Schmehl submits changes to the initial draft.

h.       Consider Lease with Verizon Wireless to Place a Cell Tower on Borough- owned Property:  Motion by Mr. Weiss, second by Mrs. Kochanski, to table this issue.  Motion passed unanimously.

7.                 Solicitor’s Report:  Mr. Matergia stated he has an item to discuss under executive session.

8.                 Mayor’s Report:  Mayor Baughman stated he helped prepare a pamphlet to distribute to college students and residents who are neighbors to college students.  They are available in the front office.

9.                 Council Members’ Reports:  None.

10.             Manager’s Report:  Mrs. Quarantello stated that PennDOT has provided proof that the concrete used in the new curbing on Main Street exceeds the minimum 28-day test.  She asked for Council’s approval to pay the bill for $356,000.  Motion by Mr. Abell, second by Mr. Scelza, to approve payment of this bill.  Motion passed unanimously.

Mrs. Quarantello stated she received a proposal from Charlie Schmehl to work on revising the zoning ordinance as it relates to the First, Second, and Third Street areas for the price of $3900 and to add the cell tower issue, which will be an additional $700 to $4600.  Motion by Mr. Abell, second by Mr. Scelza, to accept the proposal.  Motion passed unanimously.

Mrs. Quarantello presented a request from Empire Construction to pay sewer connection fees for their building based on 23 EDU’s instead of 30.  The Borough Engineer recommends denying this request.  Motion by Mr. Weiss, second by Mr. Abell, to deny the request from Empire Construction.  Motion passed unanimously.

11.             Approval of Bills:  Motion by Mr. Scelza, second by Mr. Weiss, to approve the bills on warrant #100709.  Motion passed unanimously.

12.             Executive Session:  Motion by Mr. Abell, second by Mr. Scelza, to enter executive session to discuss a real estate matter.  Motion passed unanimously, and Council entered executive session at 8:50 PM.  Motion by Mr. Weiss, second by Mr. Abell, to reconvene in open session.  Motion passed unanimously, and Council reconvened in open session at 9:05 PM.

13.             Adjournment:  Motion by Mr. Abell, second by Mr. Weiss, to adjourn.  Motion passed unanimously, and the meeting adjourned at 9:05 PM.