Pennsburg Council chose not to render a decision Tuesday regarding a conditional use hearing to allow women to utilize the Code Blue shelter in the borough. The applicant –

 Marianne Lynch, executive director of the Open Link – asked the members to consider amending the original conditional use application.

            Last winter, only men were allowed to stay at the shelter at a former parsonage located at the intersection of Eighth and Main streets during the coldest nights of the year. This winter, it hopes to house men and women on separate floors.

            "We can't, in good conscience, leave women out in the cold," Lynch said during the regular meeting. She added that she has observed more homeless people in the Upper Perkiomen Valley than last year.

            The members met in executive session for 15 minutes following the hearing that lasted approximately 45 minutes. Solicitor Mark Hosterman announced that council could render a decision during its Nov. 11 regular meeting.

            Last year, when the Open Link opened the shelter, they observed that the ratio of homeless people in the region was eight men to one or two women, according to Lynch. She told council that the figure has since shifted to an equal number of unhoused people, citing the continual increase in the cost of housing.

            "The candidates for unhoused people have changed," Lynch said inside the meeting room at the municipal building with few empty seats. She claimed last season's volunteers filled the room.

            According to the executive director, the shelter would continue to allow 10 people to stay overnight during the coldest nights of the year. Lynch expressed confidence that the facility could safely house men and women on separate floors.

            The executive director said she suspects that most of this year's clients could be women. According to Lynch, the shelter's two regular attendees from last winter currently have stable housing.

            Women with children would not be allowed to stay at the shelter, according to Lynch. She said they would be transferred to a hotel in Quakertown.

            The members voted unanimously to adopt an ordinance that would increase regulations on games of chance in the borough. Approval is expected to end a lawsuit between the municipality and the owner of the Pennsburg Mart, LLC, located at 738 Main St., according to Hosterman.

            The ordinance limits the number of machines in convenience stores (five), restaurants (five with at least 30 seats), and amusement halls or arcades (12). It also requires a $100 permit for each machine.

            After the public portion of the meeting, Hosterman said he expects lawyers for the business to sign off on the stipulation agreement soon. He said the council could vote to approve it at an upcoming meeting.

            On or about Jan. 7, Stephen Wanner, the borough's code enforcement officer, viewed four Pace-O-Matic skill games installed at the store. He issued a violation the following day, according to the legal paperwork.

            One month later, the business filed an appeal. It claimed the presence of skill games does not convert the convenience store into a game room or indoor place of amusement, that the machines are a standard component of a convenience store, and that skill games are an accessory use. The appeal also sought relief, in the form of a variance, to permit skill games in the RC zoning district as an alternative relief, according to the document.

            In May, the borough's zoning hearing board voted unanimously to grant the appeal and overturn the borough's notice of violation. The following month, council voted to challenge the ruling.

            In a six-page, civil appeal filed earlier this month to the Montgomery County Common Pleas Court, council described the zoning hearing board's decision as arbitrary, capricious and an abuse of discretion as a matter of law.

            In other news, council members unanimously approved an ordinance prohibiting parking on the western side of Railroad Street. According to Jason Kulp, the borough's roads and maintenance supervisor, the street is not wide enough to allow traffic in both directions and parking on both sides of the street.

            Following the public portion of the meeting, the solicitor announced that the board planned on holding an executive session regarding litigation involving Everything for Sale and the Pennsburg Mart, LLC, and for a privileged legal opinion regarding a zoning issue. No decisions were expected, according to council President Patrick Suter.

            In September, the Upper Perk Police Department responded to 672 total calls. That includes 182 public services and 111 traffic details. Its officers conducted 76 vehicle investigations, issued 64 traffic violations and 30 warnings, according to information presented by Chief Joe Adam.

            The department made seven arrests, responded to five non-reportable accidents, and issued five parking complaints. It handled one reportable accident and issued one non-traffic citation, and responded to three false alarm calls at businesses.

            Upper Perk police responded to seven thefts, six incidents of assault/harassment/stalking, two incidents of forgery/fraud/identity theft, one sex offense and one for shoplifting. The monthly report includes five other incidents identified as "all other."