Council Committee of the Whole

December 6, 2023 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 6, 2023, Committee of the Whole meeting was called to order at 7:15 p.m. with President Weand in the Chair. ATTENDANCE Councilors present were Ryan Procsal, Lisa Vanni, Donald Lebedynsky, Dan Weand, Trenita Lindsay, Andrew Monastra and Joseph Kirkland. Also present were Mayor Stephanie Henrick, Borough Manager Justin Keller, Solicitor Charles Garner (virtual) and Borough Secretary Virginia Takach. PRESENTATION – RETIREES SUBCOMMITTEE REPORTS a. Infrastructure – The reports were in the packets. b. Transportation – There was no meeting. c. Efficient Methods Committee – Councilor Lebedynsky noted that the committee continues to discuss matters regarding the HVAC and streamlining information to the public. d. Ordinance Review Committee – Councilor Procsal advised that the next meeting is January 17. e. Emergency Services – Chief Hand announced that Santa will tour the Borough on a fire truck on December 17th. BOARDS & COMMITTEE REPORTS a. Human Relations Commission – Ms. Levengood advised that December honors several celebrations, including Pearl Harbor Day, Hanukkah and Christmas. The next meeting is December 12th. b. Library – Ms. Lipsky thanked Assistant Manager Zach Nelson for attending the Library event. She also reviewed upcoming holiday events. She also advised that all students will be provided access to the Library through their school identification. December 6, 2023 c. Ricketts Community Center – Councilor Kirkland advised that a report was in the packets and membership is up to 1,000 members. d. Pottstown School District – There was no report in Councilor Lindsay’s absence. SOLICITOR’S REPORT Solicitor Garner referred to the Council meeting rules adopted at the last Reorganization meeting in January 2022. He provided an update of rules, noting that even though there should be no new Council members, it is still considered a new Council. He urged Council to review the rules to address any changes that may be considered. Solicitor Garner also noted items under the Sunshine Act, wherein the residents are given the opportunity to speak. Under the Sunshine Act, it is not required to respond to the resident at that time. MAYOR’S REPORT Mayor Henrick congratulated Councilor Vanni and Ward 2 for winning the Random Acts of Kindness challenge award. She also reviewed and thanked all involved with the holiday events throughout the Borough, including Santa’s arrival, the tree lighting, the Alley’s new business and D.J. Pallets at the 215 South Washington Street location. The Mayor also urged all to be aware of scams and identify theft. MANAGER’S REPORT Manager Keller provided an update on the LED lighting project which has been ongoing for the last year, through DCED grant funding, which will include downtown areas and additional neighborhoods. He also announced that the Schuylkill River Passenger Rail Authority received Federal ID designation to enhance rail service in Pottstown and allows an additional $500,000 towards the feasibility study. He also reviewed two new businesses, Panera and Chipotle on Shoemaker Road. 215 SOUTH WASHINGTON STREET – WAIVER OF LAND DEVELOPMENT Solicitor Garner reviewed this project and the request of the applicant for a waiver of the Land Development process while also complying with all Borough ordinances. He added that the Borough Engineer is in support of this request. CHESTNUT STREET PARK IMPROVEMENTS Mr. Keller noted that the bids will open on December 7th and a recommendation will be forwarded for the regular agenda. SECOND BAPTIST CHURCH, 507 NORTH ADAMS STREET – LAND DEVELOPMENT Solicitor Garner explained the minor subdivision plan related to the Second Baptist Church. The request is to separate the single-family dwelling from the church and parking lot and a request to development into one parcel. This will again be reviewed by the Planning Commission due to a slight irregularity at the recent meeting. December 6, 2023 BRIGHT HOPE PLAYGROUND Manager Keller explained the request of the Montgomery County Housing Authority for a waiver of a Financial Security related to the Bright Hope Playground. He noted that the Housing Authority has had an excellent relationship with the Borough for 85 years and Staff is recommending granting the waiver of the Financial Security. ZONING – MONCEF BENSAAD – 101 EAST HIGH STREET Solicitor Garner reviewed the request for zoning relief from Moncef Bensaad to establish a grocery store at the property located at 101 East High Street. Councilor Vanni suggested adding conditions that the store provides fresh produce and regular grocery store hours. ZONING – IBRAHIM ABDRABBO, AMA PAPER, 379 CHERRY STREET Solicitor Garner also reviewed the request for zoning relief from AMA Paper Company to establish a small warehouse for restaurant paper supplies in the former Maria Assunta Lodge, located at 379 Cherry Street. Councilor Procsal noted that this would be a good use of space in this building. President Weand advised that these items will be listed on the regular agenda. PBA – ARTICLES OF INCORPORATION AMENDMENTS Mr. Keller noted that Solicitor Pompo and Solicitor Garner are working on amendments to the Management Agreement between the Borough and the Authority. The Authority will be addressing this matter at its December meeting and will be listed for Council in January. TRASH FEE AMENDMENT Mr. Keller advised that this is the second year of the 5-year contract agreement with Mascaro. He noted that the monthly fee for trash and recycling will be $95.44 per month or $381.76 per year. A resolution will be listed on Monday’s agenda. ANIMAL CONTROL OFFICER – EXCHANGE OF VEHICLE AGREEMENT Mr. Keller explained the recommendation of the Police Department for an exchange of a 2018 Ford Explorer police vehicle with the Animal Control Officer’s compensation for the calendar year 2024, in an amount not to exceed $11,000. This will be listed for approval on the regular agenda. YEAR END ITEMS a. Proposed Budget 2024 b. Tax Ordinance 2024 c. Council Schedule January 2024 d. Council Schedule 2024 December 6, 2023 Ms. Boone reported to Council that the tax increase has now been reduced to 2.96% and the total mills will be 14.650 for the $66.5 million budget. The decrease is due to favorable insurance rates and health care benefits. Mr. Keller requested Council’s consideration in combining the Committee of the Whole meeting, normally to be scheduled on January 3rd, with the required Reorganization Meeting scheduled for January 2nd. President Weand advised that these items will be listed for approval on Monday’s agenda. UPCOMING BOARD VACANCIES President Weand reviewed the upcoming vacancies on Blighted Property EAC, Land Bank, Borough Authority, Vacancy Board and Zoning Hearing Board. These are listed on the website and will be addressed in January. COMMENTS FROM CITIZENS PRESENT a. Marlene Armato, 4 Park Court – expressed her appreciation to Council for the newly installed streetlights. She noted that they provide additional safety measures for residents. b. Philip Thees, 63 South Evans Street – reiterated his concerns regarding the homeless situation. He noted that several individuals got into the Church’s school building and left trash and debris in the classroom and bathroom. He suggested that a wealthy family in Chester County open its estate to the homeless. c. Leigh Brownell, 11 Brower Lane, Pottstown 19465 – spoke as a former member of the Marines and Navy. She spoke of the cease-fire in Gaza and the Israeli weapons and the $314,000 spent on this war and asked Pottstown to take a stance on this matter. POSSIBLE ACTION ON FILED APPEAL TO US DISTRICT COURT President Weand requested a possible motion to authorize the filing of an appeal from the Decision and Order of the United States District Court dated November 28, 2023 in the case of Better Days Ahead Outreach, Inc. v. The Borough of Pottstown. Councilor Vanni moved to not appeal the Decision of the United States District Court. There was no second and the motion died. Motion by Councilor Monastra, seconded by Councilor Lebedynsky to authorize the filing of an appeal from the Decision and Order of the United States District Court dated November 28, 2023 in the case of Better Days Ahead Outreach, Inc. v. The Borough of Pottstown. Councilor Vanni had no further discussion. Councilor Procsal requested clarification to give the Police Department Direction. December 6, 2023 Councilor Monastra also commented that the order indicates that no use of force may be used to enforce the removal of individuals on Borough property unless the Borough houses the individuals on taxpayers money. Motion carried: 4 ayes, 2 nays. Councilors Vanni and Kirkland cast the negative votes. COUNCILORS’ GENERAL DISCUSSION The Councilors wished all happy holidays. Councilor Monastra commented on the improvements to the north side of the 300 and 400 blocks of High Street. He also offered to sponsor and contribute $85 for each of 4 polls to be lighted and decorated in the downtown. Councilor Vanni expressed a concern in taking homeless people off the only properties that they have ever known. Councilor Procsal thanked all involved in the holiday events. President Weand also thanked Amy Wolf and Amy Francis for the holiday house tour event and all they do for the borough. ADJOURNMENT President Weand adjourned the meeting at 8:10 p.m.