Council Committee of the Whole

December 7, 2022 ANNOUNCEMENT Borough Manager Keller explained the format for this evening’s meeting, advising that the meeting is a public in-person and a GoTo Meeting and available on-line as well. Public comments are being accepted through email and chat until 7:05 p.m. and will be announced to all. Comments are limited to 300 words to be in compliance with Council’s three-minute rule and participants shall be identified accordingly. COMMITTEE OF THE WHOLE MEETING The December 7, 2022 Committee of the Whole meeting was called to order at 7:00 p.m. with President Weand in the Chair. INVOCATION President Weand requested a moment of silence. ATTENDANCE Councilors present were Ryan Procsal, Lisa Vanni, Donald Lebedynsky, Trenita Lindsay, and Dan Weand. Also present were Borough Manager Justin Keller, Assistant Solicitor Matthew Hovey and Borough Secretary Virginia Takach. Councilors Paules and Kirkland were absent. PLEDGE OF ALLEGIANCE STATEMENT FROM COUNCIL REGARDING BEACON OF HOPE/ST. PAUL’S CHURCH Attorney Matt Hovey read a statement on behalf of Borough Council. (The statement is attached.) President Weand announced the Councilor Food Drive and donations can be made at Goodwill Fire company until December 23rd SUBCOMMITTEE REPORTS a. Infrastructure – Councilor Lebedynsky noted that the report was in the packets. b. Transportation – There was no meeting. c. Efficient Methods Committee – Councilor Lebedynsky reported that the committee will be testing the new Public Works reporting system. President Weand appointed Councilor Vanni to this committee effective immediately. d. Ordinance Review Committee – There was no meeting. December 7, 2022 e. Economic Development & Business Liaison – Ms. Lee-Clark presented two brief videos, one with the downtown events and one on the investments and progress of PAED. She commended Danette Wilson on her marketing skills for these events. BOARDS & COMMITTEE REPORTS a. Land Bank – Ms. Lee Clark advised that new legislation would allow virtual attendees as a quorum. b. Emergency Services Report – Chief Hand was not available for a report. c. Human Relations Commission – Ms. Levengood outlined the December holidays and the next meeting is December 13th. d. Ricketts Community Center – Councilor Kirkland noted that the report was in the packets. Pottstown School District – Councilor Lindsay reported that the winter concerts are December 8 and December 13th and admission is free. MAYOR’S REPORT Mayor Henrick advised that she attended the Citizens’ Leadership Academy and praised Kourtney High, Grants Assistant, for conducting the classes. She also reported on several events in which she attended and ceremonies in which she participated. Mayor Henrick also provided information on upcoming events throughout the Borough. She urged all to attend the January 1st Polar Bear Swim. The Mayor also requested that any concerns should be directed to her or individual Councilors but she would not be responding through Facebook posts. MANAGER’S REPORT Manager Keller requested that the Councilors and attendees attempt to speak into the microphones in order for on-line visitors to better hear and understand. Mr. Keller also presented a video for instructions to sign up for the ReadyMontco Emergency notifications. He urged all to register for this system. Mr. Keller reported that the Pottstown Health & Wellness Foundation provided a grant for the Riverfront Park improvements in the amount of $40,000. The Montgomery County Community College also received a grant in the amount of $100,000 to establish amenities at the 95 South Hanover Street facility to enhance the Amtrak bus services for passengers. He also announced a letter of intent for a grant to repair the Borough’s infrastructure and stormwater issues. Mr. Keller provided an update on the 2023 budget and requested approval of the budget at Monday’s meeting. Manager Keller also confirmed the resignation of Councilor Michael Paules effective December 31, 2022. PRECISION POLYMER, 816-842 QUEEN STREET Attorney Michael Murphy was present, along with Jared Lowman of Nave Newell Engineers to present the proposed building for the Precision Polymer Land Development Plan to be located at 816-842 Queen Street and provided conceptual renderings for Council’s review. December 7, 2022 Solicitor Garner reviewed the waiver requests and the proposed conditions and requested this matter be listed for consideration on Monday evening. BASF, 860 CROSS STREET Solicitor Garner reviewed the waiver requests for the property at 860 Cross Street, which is in the process of being remediated for the use of a Borough park. The applicant has previously been approved for the Waiver of the Land Development process. Solicitor Garner recommended the waivers as outlined in the Engineer’s letter of November 18, 2022. TUSCANY GIRLS LLC, 1301 GLASGOW STREET Solicitor Garner reviewed the request of Tuscany Girls, LLC to build a storage garage on the property located at 1301 Glasgow Street. He noted that this would not be a huge planning issue as it is a non-residential property and requested it be listed for consideration on the regular agenda. MONTGOMERY COUNTY COMMUNITY COLLEGE, 144 WEST HIGH STREET Solicitor Garner clarified the request of the applicant to address the lighting on the site. There are no residential properties affected by the lighting and it has also created additional green space. The College is requesting to not be required to do a study on the older existing lighting and recommended this be listed for consideration on Monday’s agenda. TREES, INC. – PAHWF GRANT FOR ASH TREE MAINTENANCE Mr. Keller advised that the Borough has previously provided funds to Trees, Inc. for maintenance and upkeep of the Borough streets. Trees Inc. is requesting $20,000 from the Shade Tree Fund, which is collected when developers pay a fee in lieu of planting required number of trees. The ash trees are at a point to be retreated and Trees, Inc. is asking for $20,000 from the Borough subject to receiving the matching funds from Pottstown Are Health & Wellness Foundation. RESOLUTION – ACT 57 WAIVER OF ADDITION CHARGE FOR REAL ESTATE TAXES Solicitor Garner referred to the resolution mandated by the State for each municipality that under certain circumstances, a tax payer would be relieved of paying additional charges if no tax bill was received. President Weand advised that these items will be listed for consideration on the regular agenda. RED HORSE CAR SHOWS 2023 President Wean noted that the 2023 Car Shows will be considered at the regular meeting and there may be updated fees 2023 involved. TOWING Solicitor Garner noted that there would be no discussion on the Towing item. December 7, 2022 CIVIL SERVICE LISTS Manager Keller advised that the Civil Service testing has taken place for the promotions of Corporal and Sergeant and requested that the list be added to Monday’s agenda for Council’s approval. BOROUGH RIGHT OF WAY Mr. Keller reviewed the request of Anissa Yergey to install a fence on her property at 512 Spring Street, encroaching the Borough right-of way. This would not negatively impact the Borough’s right-of-way and requested it be considered on Monday. HARB – ADMINISTRATIVELY APPROVED President Weand reviewed the Administratively Approved requests as follows: a. 355 King Street – removal of chimney b. 824 High Street – replace roof materials c. 832 High Street – replace roof materials d. 69 North Charlotte Street – replace 10 windows e. 103 North Hanover Street – replace existing columns f. 237 Beech Street – replace existing roof These will be listed for approval on the regular agenda. YEAR END ITEMS a. Adopt 2023 Proposed Budget b. Adopt Ordinance for 2023 Tax Rate c. 2023 Council Meeting Agenda UPCOMING BOARD VACANCIES a. Blighted Property Review Committee – four 1-year terms b. Planning Commission (February – one 4-year term c. Pottstown Borough Authority – one 5-year term d. Vacancy Board – one 1-year term e. Zoning Hearing Board – one 3-year term f. Sixth Ward Councilor Position – term to expire December 31, 2023 COMMENTS FROM CITIZENS PRESENT a. Bruce Madara, 543 North Adams Street – commented on the homeless situation and noted that Council may be considered as unfeeling towards the homeless. He also noted that he was recently woken up with two Police Officers in his home along with a counselor from Creative Health and expressed concerns regarding this situation. December 7, 2022 COUNCILORS’ GENERAL DISCUSSION Councilor Lindsay thanks all involved with the Holiday events and the tree lighting ceremony. Councilor Vanni noted that if she has questions, she will expect answers on behalf of herself and her constituents. Councilor Procsal thanked the Ringindale tree farm for the Christmas tree in the park. Mayor Henrick questioned Mr. Madara on the councilor/counselor that came to his house. President Weand again invited all to participated in Councilors’ food drive. EXECUTIVE SESSIONU President Weand recessed the meeting to executive session at 8:25 p.m. for one item of personnel. ADJOURNMENT President Weand adjourned at 9:15 p.m. Press Release - December 7, 2022 Text of Statement Read On Behalf Pottstown Borough Council at the December 7, 2022 Committee-of-the-Whole Meeting Regarding Temporary Homeless Shelter Located at 931 N. Franklin Street December 7, 2022 Council is committed to, and invested in, the revitalization our of Borough. Revitalization is not something that can be achieved overnight though. It is, and will be, the result of years of strategic planning, strategic partnerships, and enforcement of our ordinances and codes. For the past several years, this Council, together with the Borough’s administration and consultants, worked, and continue to work, towards that goal. We developed and adopted countless amendments to our Zoning Ordinance, Subdivision and Land Development Ordinance, and other ordinances to lay out a plan for future development of the Borough, to be responsive to changes in the market, and to elevate our standards for the operation of businesses within the Borough. We embraced our neighboring municipalities within the Pottstown Metropolitan Regional Plan. We worked with businesses, established and new, to problem solve issues hindering development within the Borough and find balance between competing interests. We joined forces with our economic development partners who are also committed to revitalization. Central to this work is collaboration and a respect for the work being done; work which is being done for the betterment of every member of our community. Which is why Council is frustrated to again find itself in the position in which we are placed by Pottstown Beacon of Hope (formerly Pottstown LIFT). Beacon of Hope is a local service provider seeking to operate homeless shelters within the Borough. The Borough repeatedly and unequivocally explained to Beacon of Hope on several occasions since 2020 that our Zoning Ordinance does not permit homeless shelters to operate within the Borough. Rather, these uses are allowed within other partnering municipalities in our region. This is why Beacon of Hope required a use variance for the 45-bed homeless shelter they propose to build at 601 and 619 W. High Street. A variance which Council did not oppose. Rather, Council worked with Beacon of Hope to develop a comprehensive list of conditions intended to balance the needs of our homeless population, the provider’s goals, and the legitimate public safety and welfare concerns of our residents, neighboring residents in West Pottsgrove, our emergency responders, and those individuals who will be using the facilities. Nevertheless, despite full knowledge that homeless shelters are not permitted within the Borough, Beacon of Hope recently started a “pop-up,” temporary homeless shelter at St. Paul’s Church, located at 931 N. Franklin Street for up to 35 individuals. Prior to doing so, no representative of Beacon of Hope contacted the Borough to discuss the proposed temporary shelter. Beacon of Hope did not submit a Starting-a-Business application to the Department of Licensing and Inspections. Beacon of Hope did not submit a zoning application to allow for a determination as to whether the proposed homeless shelter, as a use accessory to a church, is permitted. After the Borough learned indirectly that Beacon of Hope wanted to operate a temporary shelter at that location, requests issued to their attorney for information went unanswered. Borough administration only learned of the details of the proposed shelter, then already in operation, after a meeting with Beacon of Hope. The Borough, not Beacon of Hope, requested the meeting. Beacon of Hope made no effort in this instance to collaborate with the Borough. Instead, once again, this service provider prioritized its singular interests above those who may seek alternative solutions to our homelessness problem or want to ensure we are all moving in the same direction towards our goal of revitalization. These expectations we place on all businesses – businesses which are for-profit and non- profit alike. If you want to start a business or provide a service, file the appropriate paperwork. Submit to a zoning review. Meet with Borough Administration to help December 7, 2022 coordinate resources and ensure that all health and safety concerns are addressed. A charitable mission should not exempt a provider from these standards. On November 30, 2022, following a site visit, the Borough’s Zoning Officer issued a Notice of Violation to Beacon of Hope and St. Paul’s for illegally operating the temporary shelter at the church. It is Council’s understanding, after meeting with Church officials, that Beacon of Hope led St. Paul’s Church to believe that the temporary shelter is permitted within the Borough. The Church leased the space to Beacon of Hope based on those representations. Unfortunately, as the property owner, under the law, the church is now equally responsible for the illegal use of the property. Even if Beacon of Hope now applies for zoning relief, because the temporary shelter continues to operate without a zoning permit, despite a clear directive in the Notice for the use to cease and desist, Council is forced to weigh enforcement options against both Beacon of Hope and St. Paul’s. Council does not desire to be in an adversarial position with St. Paul’s or any other church. Unlike Beacon of Hope though, with its singular interests, Council and Borough Administration must be concerned with a multitude of interests. We must ensure that our ordinances and codes are enforced equally and fairly. We also must be concerned about the long-term implications to our community as a whole. As of tonight, the only homeless shelters operating in Montgomery County are located here in Pottstown. Montgomery County consists of 487 square miles with a population of almost 900,000 people. Council must do what it can to ensure that the rest of Montgomery County does its fair share to address the issue of homelessness. Wealthier municipalities in central and eastern Montgomery County need to start being part of the solution. We are already seeing an influx of homeless individuals from outside the region who, by their own admission, come here because this is where the services are located. They are leaving the places where the services are not. Pottstown being an epicenter for societal issues more affluent communities refuse to address is nothing new. We have seen this unfair pattern for decades. With the construction of multiple subsidized housing projects and a proliferation of other subsidized housing assistance programs, Pottstown already bears a disproportionately higher concentration of living assistance programs than most every other community in Montgomery County. Other communities failing to take on their fair share of the obligation to address this problem results in a transfer to Pottstown of challenges which negatively impact our quality of life, crime, and the costs of government services paid for by our taxpayers. With the inflow of individuals with greater support needs, Pottstown became inundated with non-profits to serve them. This caused some of the Borough’s most valuable real estate to be removed from the tax rolls, multiplying the burden taxpayers must bear. Consequently, Council must be mindful of the fact that this issue is not just simply about Beacon of Hope, their mission, and what they hope to achieve in the short-term. If an exception is made for Beacon of Hope’s temporary shelter at St. Paul’s, then why should an exception not be made for the next one they propose? If exceptions are made for Beacon of Hope, then why should they not be made for other services providers who seek operate these “pop-up” shelters? If exceptions are made for non-profit corporations, which are still businesses like any for-profits, then should not exceptions be made for for-profit businesses which mean well or offer valuable services? These are questions with which Council is now forced to grapple and we do not appreciate it. Nor do we appreciate being portrayed as unsympathetic to the needs of our homeless. We are sympathetic to the needs of each and every one of our residents. December 7, 2022 This is why we are committed to strategic revitalization. As the saying goes, a rising tide lifts all boats.