Council Committee of the Whole

April 9, 2014 COMMITTEE OF THE WHOLE MEETING CONDITIONAL USE HEARING Solicitor Garner opened a Conditional Use hearing on the request of Andrew Monastra to convert the third floor of the property located at 740 East High Street into a residential unit. Attorney Monastra was present and testified that he is the owner, Grand Review Holdings, LLC and would be seeking approval to reside on the third floor. He added that there would be no changes to the outside of the building. There was a brief discussion among Council and no further public comments. The hearing closed at 6:50 p.m. CONDITIONAL USE HEARING – ANDRE LYNCH, GOLDIE’S, 457 NORTH CHARLOTTE STREET Solicitor Garner opened a Conditional Use Hearing on the application of Andre Lynch, d/b/a Goldie’s Corner for property located at 451 North Charlotte Street. Andre Lynch was present and testified that he proposes to utilize the first floor commercial unit for direct retail sales for water ice, ice cream and other catered food. He added that hours of operation would be 10:00 a.m. to 8:00 p.m. during the summer months and otherwise 10:00 a.m. to 6:00 p.m., seven days a week. Solicitor Garner noted that hours of operation by ordinance should be 9:00 a.m. to 6:00 p.m. unless otherwise approved by Borough Council. Ron Williams, 245 Walnut Street – commended the applicant for opening a business but expressed a concern on the unhealthy products being sold to children. The hearing closed at 7:02 p.m. CONDITIONAL USE HEARING – TORRES MINI MARKET, 454 King Street Solicitor Garner opened a Conditional Use hearing on the application of Enmanuel Torres t/a Torres Mini-Market for a proposed direct retail for sale of groceries and related items for the property located at 454 King Street. Mr. Torres and Yezenia Torres testified that the proposed hours of operation for the convenience store would be 9:00 a.m. to 9:00 p.m., seven days a week. Mr. Torres added that he has signed a lease with the option to purchase the building. David Jackson, 441 King Street - expressed several concerns regarding the use of the building, sale of alcohol and the lack of a traffic and parking study and the unhealthy choice of foods being sold. April 9, 2014 Mr. Torres advised that no alcohol would be sold. Katy Jackson, 441 King Street – also commented on the increase police activity in the area. Cindy Conard, 1140 Wilson Street – expressed a concern on the number of mini-markets in the Borough and downtown. Linda Waclawsky, 447 King Street – questioned how many entrances the store would have as there are numerous doors to the building. Mr. Torres replied that only the main entrance between Washington and King Street would be used, with a handicap entrance required by Codes. Bruce Beasley, 338 Jefferson Avenue – also commented on the number of mini-markets in the 5 square miles of town. Solicitor Garner advised that Council has 45 days to render decisions on these conditional use requests. CALL TO ORDER The April 9, 2014 Committee of the Whole meeting was called to order at 7:35 p.m. by President Toroney in the Council Meeting Room, Pottstown Borough Hall, 100 East High Street, Pottstown, PA. ATTENDANCE Councilors present were Ryan Procsal, Carol Kulp, Sheryl Miller, Stephen Toroney, Dan Weand, Travis Gery and Joseph Kirkland. Also present were Mayor Sharon Valentine-Thomas, Manager Mark Flanders, Solicitor Charles Garner and Borough Secretary Virginia Takach. INVOCATION Pastor Dan Andrews provided the invocation. ADD-ONS President Toroney advised that two 5K runs requesting for a waiver of fees will be added to the agenda. SUBCOMMITTEE REPORTS a. Infrastructure – Councilor Kulp refereed to the minutes distributed. b. Safety – Councilor Gery advised that next week’s meeting will be cancelled. April 9, 2014 c. Transportation – Council Kulp noted that the runway project is awaiting grant approval. Ms. Weekley added that the budget process is also underway. She added that the multi-passes are available at Borough Hall and exact fare is required on the buses. d. Economic Development & Business Liaison – There was no report. e. Ricketts Community Center – Councilor Kirkland referred to the minutes distributed and highlighted the summer events. f. Pottstown School Board – Mr. Williams reported that $3,700 was raised by the students for the replacement of the field lights. He also highlighted several upcoming events celebrating the 175th Anniversary of the School, including the marathon dance fund raiser. PROCLAMATION – BARK FOR LIFE Mayor Thomas presented a proclamation to the Chairpersons Sue Dudek and Kourtney Shaffer for the April 12th event along with their canine companions present. PRESENTATION – WILLIAM J. SMALE, JR., DEPUTY EMC Thomas Piatek, Montgomery County Public Safety – presented Fire Marshal William Chip Smale with the Pennsylvania Emergency Management Association certification program. He also commended Mr. Smale and Fire Chief Lengel for their ongoing training initiatives. PRESENTATION – KEITH PLACE, DIRECTOR LICENSING & INSPECTIONS Mr. Place provided an update of the Department, advising that out of the 37 recommendations from the Remington Report, 17 items have been accomplished. He also updated Council on the officers’ certifications and praised the staff for its cooperation. BID AWARD – CHESTNUT STREET STREETSCAPE Ms. Weekley explained the Community Development Streetscape Improvement Project being undertaken through a Community Development Block Grant. She noted that after the bidding process, Staff’s recommendation is to award the bid to Cipolloni Construction. CDBG 2014 Ms. Weekley also requested Council’s approval for application to the CDBG program for the Stormwater Arch rehabilitation project for 2014. RESOLUTION DESTRUCTION OF RECORDS April 9, 2014 Solicitor Garner explained the requirement for a resolution to be in compliance with the Municipal Records Manual of December 16, 2008. Councilor Miller questioned the destruction of records when they could be electronically restored. Manager Flanders advised that this method is being explored with vendors and costs to taxpayers. RESOLUTION – DISPOSAL OF OUTDATED BOROUGH EQUIPMENT/PROPERTY Solicitor Garner advised that with the new Borough Code, Council has the prerogative to set a standard for the sale of general or personal property of the Borough and recommended that Council consider passing a resolution to address this matter. President Toroney advised that these matters would be listed for consideration at the regular meeting. ZONING -335 WEST HIGH STREET, DANIEL ANDREWS Solicitor Garner reviewed the application of C. Landon Royals and New Birth Life Church to use the property located at 335 West High Street for church services. President Toroney noted this may be considered on the regular agenda with the recommendation by Councilor Kulp. HANOVER SQUARE FAÇADE CHANGE Councilor Weand advised that it is the recommendation of the Planning Commission to allow a minor façade change and building elevation to the property located 273 Industrial Highway on the request of John Inman. POW POW –WAIVER OF MEMORIAL PARK FEES – MAY 3 & 4, 2014 SCHUYLKILL RIVER SOJOURN – CAMPING EVENT – JUNE 10, 2014 TROJANS 4 A CURE – RELAY FOR LIFE – MAY 31, 2014 Mr. Flanders reviewed the requests of the above stated organizations to waive the standard park rental fees for events. POTTSTOWN VOLLEY-BALL RUMBLE – BEER GARDEN JUNE 21, 2014 Mr. Flanders also reviewed the annual request of the Pottstown Rumble to hold its event in the Memorial Park along with a beer garden. He noted that the Rumble is working with the Liquor Control Board for approval. President Toroney noted that these would be listed for consideration on Monday evening. April 9, 2014 FALLS OF FRENCH CREEK PAINTING Solicitor Garner provided a brief history of the painting, Falls of French Creek, presently located in the lobby of Borough Hall. He added that there have been several owners over a number of years and if restored the value of the painting may be between $5,000 and $8,000. Mr. Garner also noted that the Historical Society is working with an interested associate with the intension of restoring the painting. This will be listed for consideration on the regular agenda. VACANCIES Mr. Flanders reviewed the vacant positions within the Human Relations Commission, HARB and the Environment Advisory Council and requested these be listed for consideration on the agenda. SOAP BOX DERBY EVENTS Mr. Flanders referred to the request of the Soap Box Derby Committee and the AMBUCS to conduct their annual All American Soap Box Derby on June 21st and the Challenge Kids Soap Derby Race on June 28th and for authorization to close Wilson Street. Councilor Miller expressed a concern regarding the inconvenience for residents having Wilson Street closed for two consecutive weekends. President Toroney commented that Councilor Miller’s concerns would be noted, adding that the benefit to the children and the community out way the inconvenience. COUNCILORS GENERAL DISCUSSION Councilor Weand reminded all of the May 24th dance marathon to benefit the lights project at the school. Councilor Procsal announced that he now has a Facebook page for his Council activity. Councilor Miller advised that a Third Ward clean-up is scheduled for April 19th, 9:00 a.m. -12:00 p.m. Mayor Thomas commented that the Borough’s ordinance allows for corner stores and mini-markets and commended the applicants for their initiative and entrepreneurship. The Mayor also praised the Keith Place, Licensing and Inspection Director, for his mannerism and providing a new perception about town. She added that she witnessed several new construction areas in town. April 9, 2014 COMMENTS FROM CITIZENS PRESENT Ross Belovich, 707 North Hanover Street – agreed with the Mayor on her comments regarding “mom & pop” businesses. He also expressed a concern regarding the proposed development at the former Fecera’s building and a concern for the limited parking in the area. EXECUTIVE SESSION The meeting recessed to executive session at 8:45 p.m. for potential litigation matters. ADJOURNMENT The meeting adjourned at 9:10 p.m. Attested, Mark D. Flanders Borough Manager