Council Committee of the Whole

February 7, 2024 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 five-minute rule and participants shall be identified accordingly. CONDITIONAL USE – There was a conditional use hearing, led by Assistant Solicitor Matthew Hovey and called to order at 6:02 PM. Applicants, Michael Hughes and Michael Moyer, were present to request permission to operate a kickboxing and fitness club for the property located at 26 E. 8th St. subject to the conditions contained in the proposed order. Present to publicly speak on behalf of the applicants were Casey Mest and Melissa Pennington. Present to publicly speak and present concerns was Jade. COMMITTEE OF THE WHOLE MEETING February 7th, 2024 Committee of the Whole meeting was called to order at 7:05 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, Borough Manager Justin Keller, Assistant Solicitor Matthew Hovey, Borough Secretary Alexa Barry. Absent were Solicitor Charles Garner and Mayor Stephanie Henrick. POLICE PROMOTION – Officer Steven Dise was promoted to the rank of Corporal and given his certificate by Council President Dan Weand. PRESENTATION – RETIREE – Manager Keller presented long time Borough employee Rodney McMichael with his retirement resolution, thanking him for his 33 years of hard work and dedication to the Borough of Pottstown. RESOLUTION 2024-4 RECOGNIZING RODNEY P. McMICHAEL FOR 33 YEARS OF DEDICATED SERVICE TO THE BOROUGH OF POTTSTOWN WHEREAS, Rodney P. McMichael has served the Borough of Pottstown as a dedicated employee since 1990; and WHEREAS, during his career with the Borough he served in several different capacities including Public Works Maintenance Electrician, Facilities Maintenance Technician; and WHEREAS, for the past 27 years Rod has worked in the position of Electrical/Instrumentation Technician in the Utilities Department and during that time he has assisted in the daily February 7, 2024 maintenance of all the operational equipment at both the Wastewater Treatment Plant and Water Treatment Plant by maintaining equipment to the highest of DEP standards. Rod would respond at various times of the day and night in all types of weather conditions {rains, hurricanes, and blizzards} on any day throughout the year so that customers could receive the best level of service possible; and WHEREAS, Rod's presence at the Wastewater Treatment Plant and the Water Treatment Plant will be deeply missed by the people that have worked with him. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Mayor and Town Council that Rodney P. McMichael is officially recognized for the outstanding service he has provided the Borough of Pottstown through 33 years of employment; and further that he is extended best wishes for a happy and well-deserved retirement. SUBCOMMITTEE REPORTS a. Infrastructure – The report was attached to the agenda. b. Transportation – There was no meeting. c. Efficient Methods Committee – Councilor Lebedynsky reported that the committee is looking to reevaluate what departments need re-improvement. He also reported that there was an update with the ACH and the vendor supply setup that will allow to streamline information on the express bill pay and billing information. d. Ordinance Review Committee – Councilor Procsal reported on licensing and regulating skill games, as well as sober living homes which Solicitor Hovey will detail further. BOARDS & COMMITTEE REPORTS a. Emergency Services Report – Chief hand was present this evening and stated that his report was in the packet for review, and he would yield the rest of his report so a grateful citizen, Mr. Ron Williams, who was present at the meeting, could thank first responders for their life saving measures taken when he had an accident at his home. b. Land Bank Report - To be reported on the Monday, February 12th Council meeting. c. Human Relations Commission – Marcia Levengood was present this evening to report that February is Black History Month where we celebrate black history from the past to the present. Ms. Levengood urged those present to remember their valentine on February 14th, and this day is also Ash Wednesday and the beginning of lent. Presidents Day is Monday, February 19th and the next Commission meeting is Tuesday, February 13th and all are welcome to attend. February 7, 2024 d. Library – There was no library report. e. Ricketts Community Center – To be reported on the Monday, February 12th Council meeting. f. Pottstown School District – Councilor Lindsay began her report by giving kudos to the Pottstown Trojan girls wrestling team as they are in their first year and are already making history. She continued that it is imperative to mentor youth, and anyone interested should reach out to her. MANAGER’S REPORT Manager Justin Keller reported this evening that L&I service requests are now live and available on our website to report L&I issues to the Borough. Manager Keller was happy to report that the Commonwealth Financing Authority approved a grant through the Greenway Trails and Recreation program for $75,000 which will be used for Pollack Park Phase I redevelopment project. He continues that the Borough received an additional $140,000 for stormwater arch rehabilitation rehab at 1200 High Street. Mr. Keller reported on a new program proposal, Adopt a Street, which is in response to citizens’ comments and concerns regarding the street trash in the Borough. Councilor Lindsay and Assistant Borough Manager Zach Nelson have been working cohesively on this proposal which would allow individuals or groups to agree to a contract “adopting” 1,500 square feet of a street and be required to clean it at least twice a month, as well as a larger scale clean-up day twice a year where the requirement is to clean a four-block radius. Manager Keller reported the purpose of the program proposal is to develop a cleaner, safer, healthier Pottstown. Councilor Lindsay added her input, stating that through her day job of driving a bus for SEPTA, she noticed an “Adopt a Block” sign in a heavily traveled, yet very clean area. The more research Councilor Lindsay did, the more realization she had about how widely used this program was, which further piqued her interest in proposing this in Pottstown. During the Managers report, Councilor Kirkland requested a status update on the Hale Street explosion. Mr. Keller highlighted that with this tragedy, like many others, comes a great deal of litigation and lawsuits with a lot of attorneys, investigators, both private and governmental, looking into the matter to determine the cause. Because of this, forward progress is slow, but it is moving forward. Manager Keller reported on a presentation, addressing common themes from the public regarding housing insecurities in the Borough, what the Borough is doing, how they compare to other municipalities and Montgomery County, and how the socioeconomics of Pottstown ended up where it is today. He continues this presentation is not to spark a debate, but only to provide facts are they are understood by the Borough. February 7, 2024 SOLICITOR’S REPORT Assistant Solicitor Hovey will reserve his report for an agenda item requiring detailed explanation and discussion this evening. MAYOR’S REPORT The Mayor was not present this evening and will be giving her report at the Monday, February 12th meeting. Zoning Ordinance Amendment – Sober Living Homes and General Criteria for Special exceptions Assistant Solicitor Matthew Hovey reported on this topic, highlighting that this recommendation originated with the Ordinance Review Committee, and the recommendation per Solicitor Hovey is that Council adopt conditions for special exceptions that are consistent with conditional use criteria. General criteria for special exceptions illustrate a plethora of rules, regulations, standards, and codes imposed upon applicants that must be adhered to. Mr. Hovey continued into Sober Living Homes, a complex topic for many municipalities throughout the commonwealth. Sober Living Homes or Recovery Houses are a type of group home for individuals in active recovery. Research shows that when an individual goes to rehab and is released back into the same environment they came from, the chances of relapse are very high – what a Sober Living Home does is attempt to allow an individual to develop coping skills, stability, and general life skills in an environment that is conducive to that. The typical stay, in a successful case, is generally between 6-9 months. Because these homes can be lucrative, problems develop when management is motivated by money, rather than the mission. Pottstown’s current zoning for Group Homes, under the current ordinance, are permitted by special exception in the traditional town neighborhood district, but nowhere else. The current ordinance, per Mr. Hovey, is unenforceable, causing the Borough to be sued based on illegalities of the ordinance. Because of this, the ordinance was recommended not to be enforced until changes were made. Pennsylvania Department of Drug and Alcohol Programs created an intensive licensing program for Sober Living Homes that establishes best practices with regulations that cover everything from intake and screening, personnel management, safety and emergency procedures, tenants’ rights, medication-controlled administration, and complaints about the homes – failure to meet the standards of this program will result in loss of license, but this program is voluntary. Mr. Hovey states it is our belief that this licensing program will allow the Borough to craft an enforceable zoning amendment which addresses some of the concerns around the views but does not interfere with protected persons’ housing. The proposed ordinance amendment includes provisions to the definition for group homes that make several adjustments for all group homes and not just sober living homes, including defaulting to the maximum occupancy limits, requiring that they register with L&I and creates a definition for sober living homes that will be a subset of a group homes. February 7, 2024 799 State Street – Grocery Outlet Bargain Market Signage, Zoning Appeal Assistant Solicitor Hovey reported that applicants are looking to develop a grocery store and are requesting 3 sign variances – 3 signs total are permitted, and applicants are seeking to have 4, and the other two variances are related to the maximum total signage area. 415 High Street – Zoning Hearing Board Application Assistant Solicitor Hovey reported that the applicant is requested to convert the present property into a mixed-use building, with a 4800 square foot laundry mat on the ground floor and two residential units on the second floor. The zoning officer denied the application; thus the applicant is seeking two variances, the first due to laundry mats not being permitted in the downtown district, and the second is laundry mats are not permitted to be part of a mixed-use building. 223 Shoemaker Road – Donation Bin Request, Pottstown Center LP Manager Keller reported that the application is requesting two donation bins, and per Borough code, only one donation bin is allowed per property. This will be a waiver per section part 10 1007. Take it Outdoors signed Memorandum of Understanding 2024 Manager Keller reported that this is the very successful kayak/bike rental program that partners with the non-profit Take it Outdoors. Part of the MOU is to conduct an annual review and update the agreement. Director of the Parks and Recreation department Michael Lenhart reviewed the agreement and would like to renew it for another year. MontCo 2040 application for 2024 – Resolution Manager Keller reported this application is due in March so we are looking to submit an application for $250,000 to MontCo 2040 which is a project aimed at repairing sidewalks that were damaged by street trees in the core downtown area, regardless of whether or not the property is owner occupied or not. Records Destruction – Resolution Manager Keller reported this is a yearly destruction per the Municipal Records Act of certain department records. Borough of Pottstown Act 44 Transit Performance Review Plan Update Manager Keller reported on this topic and stated this update gets reviewed quarterly and provides target dates for implementation of various actions that were approved. February 7, 2024 Street Closure Request – SlyFox 5K Manager Keller reported that beginning at 10 AM on Circle of Progress, incorporating multiple Borough streets. Go Fourth Beer Garden Manager Keller reported this is another yearly repeat, and that the Beer Garden will be from 11:30 AM – 4 PM at Smith Family Plaza and 5-9 at Memorial Park. Street Closure Request – Go Fourth Festival Per Manager Keller, this closure will mimic the Beer Garden, running from 11 AM – 5 PM. Rolling Street Closure – Pottstown Patriotic 5K Manager Keller stated this event will begin at the Ricketts Center at 8 AM on July 4th and will roll through various streets in the Borough. 21 N. Hanover St. – HARB HARB Certificate of Appropriateness for Council approval. HARB Administrative Approvals There were multiple addresses listed for administrative approval by Council. Upcoming Board Vacancies a. Environmental Advisory Council – one vacant term to expire August 10, 2024. No action necessary. b. Land Bank – one vacant term to expire April 9th, 2026. Mrs. Patti Derr requested appointment. c. Planning Commission – 5-year term, February 1st, 2024, Mr. Hylton requested reappointment. COMMENTS FROM CITIZENS PRESENT Jennifer Jeschke, 723 Beech St. – Ms. Jeschke was present this evening to express her interest in contributing to the trash clean-up in the Borough. She questioned if there was anything that can be done, such as fining, those who are littering and continue to do so? Ms. Jeschke specifically referenced a corner store on Beech with an influx of trash on the street. February 7, 2024 Marlene Armato, 4 Park Ct. – Ms. Armato was present this evening seeking clarification on the vote taken by council, limiting who is able to speak at Council Meetings, specifically what “tax” is being referenced within the public comment policy. Further, Ms. Armato expressed appreciation for Manager Kellers presentation regarding the unhouse. She stated she believes the community can come up with a solution regarding the unhoused. Doug Slick, 474 N. Evans St. – Mr. Slick was present this evening to speak on the unhouse, and to urge everyone to continue to work together regarding a solution for the unhoused. Mr. Slick specifically references the CHAMP Act and benefits it may have on the community and legislation. COUNCILORS’ GENERAL DISCUSSION Councilor Procsal stated he agreed on the issues with the trash, in that recent month it has been increasingly worse. He encourages anyone that sees trash, resident or not, to report it right away. Councilor Vanni offered a “pat on the back” for the L&I department, who followed up on a trash complaint she received. Councilor Lindsay continued with the trash, stating it is on her mind and hopes this new program proposal, Adopt a Street, will help alleviate these issues. She added that this month is Black History Month and described some of her favorite parts of the celebration and tradition. Councilor Monastra thanked Manager Keller for his presentation/report, as well as for the Adopt a Street Program proposal, and furthered her appreciates the professionalism and effort put forward. Councilor Kirkland expressed some personal concerns and displeasure stemming from social media, specifically racial disparities still experienced in society today. PRESIDENTS APPOINTMENTS President Weand requested, because of the wonderful job everyone has done this past year, for all Presidents Appointments on committees to remain the same. President Weand adjourned the meeting at 8:59 P.M.