Pottsville City Council members are likely to vote on a first reading of a towing rotation ordinance during a special meeting this week.
And when that ordinance is brought up for a vote, Mayor Bill Messaros is likely going to have to cast the deciding vote.
City Council is set to meet on Tuesday to approve its preliminary 2026 budget. That’s the primary purpose for calling the special meeting this week. Last week, council members learned they’ll be approving a balanced preliminary budget after department heads were able to cut down a more than $800,000 shortfall in a week.
But the special session on Tuesday will also be for general purposes and one of those is expected to be the introduction of an ordinance to adopt a towing rotation. This would just be the first reading of the ordinance, if it’s passed, with final adoption coming in December.
However, approving that first reading is far from a sure thing at this point, especially after recent discussions among council members. Even if it does pass, there’s a chance it could be repealed at the beginning of next year when a new administration takes office at City Hall.
Towing Rotation Ordinance Vote Expected Tuesday in Pottsville
It’s clear that two current council members approve the ordinance, Andy Wollyung and Cat Mahon. And two are opposed to it, Tom Wood and Dottie Botto. Each side has made their stance clear to this point.
They voted for and against, respectively, directing their Solicitor Ed Brennan to begin writing an ordinance earlier this month.
But Messaros has stayed relatively silent on the issue and presuming it’s brought to the table on Tuesday, he’ll be the deciding vote on if it moves forward. He did cast the deciding vote at City Council’s regular meeting that gave Brennan the directive to begin writing an ordinance.
However, the ordinance that is expected to be presented on Tuesday was not authored by Brennan. This one was written by Wollyung and Mahon.
What’s In the Towing Rotation Ordinance Expected to Be Introduced This Week?
The proposed ordinance that is expected to be introduced for a first reading this week calls for creating a formal rotation for towing from emergency scenes and other police-initiated tows in the City of Pottsville.
It establishes the basic structure: the police administer a weekly rotation, Schuylkill County Communications Center dispatches the assigned company when a tow is needed, and operators must respond within 30 minutes or lose the call.
The ordinance also defines eligibility for participating companies. To get on the rotation, a towing business must have its impound yard within a mile and a half of City Hall, operate a secure lot with 24-hour access, maintain proper licenses and insurance, keep all equipment in safe working order, and agree to pay a flat $5,000 annual fee that can be offset with the Business Privilege Tax that company would pay for the year.
Even if a company meets those requirements, final approval into the rotation still rests entirely with City Council, which is granted broad discretion to accept or reject any applicant.
Oversight responsibilities are split, with the police handling day-to-day operations and Council retaining the authority to settle disputes and remove contractors.
The ordinance also lays out certain service expectations. Companies must provide around-the-clock towing and storage services, file their fee schedules each year, keep their yards secured, comply with federal and state towing regulations, and treat vehicle owners professionally. They must also keep detailed records of every police-initiated tow and submit monthly reports to City Hall.
While the city does not set towing prices, the ordinance states that all charges must comply with Pennsylvania’s Act 110, the Towing and Towing Storage Facility Standards Act.
Concerns Raised Over Potential Towing Rotation Ordinance
During last week’s budget talks, Botto brought up her opposition to a towing rotation ordinance. She expressed a similar sentiment earlier this month during the regular council meeting and voted against Brennan starting to write that ordinance.
She and Wollyung went back-and-forth on the issue.
Botto asked the room, “Does anybody have anything to say about the towing rotation while we’re here?
Wollyung indicated that he didn’t think it was the time or place to discuss it.
“Well, we’re here about the budget though,” he replied.
Botto responded, “But it’s a public meeting. Anybody can talk.”
Wollyung said that he wouldn’t agree with the incoming Republican administration’s request to hold off on a vote on a towing rotation ordinance.
Councilman-elect Scott Price publicly asked that the City hold off on moving forward with the ordinance at this time. He said they were “not for or against” the rotation idea but wanted more time to research it.
“We would like to work with the Solicitor to understand the behind-the-scenes work that was done,” Price said. “We’d like that you guys hold off on any decisions.”
Wollyung said he appreciated the input from others but wanted to talk about it more at the special council meeting this week.
“I appreciate the input. I really do,” he said. “I know everybody has their concerns. That’s fine. I’m OK with all those things.”
After Wollyung left the budget meeting and before it was adjourned, those who remained in the room spoke their concerns about a towing rotation ordinance in the city.
And there was some concern with how the current proposed ordinance is written.
No one else in the room, despite Price’s comment about not being for or against the rotation, seemed to favor the idea, certainly not the ones who will be in charge of making sure it’s followed.
Logistics
Mayor-elect Tom Smith raised concerns about the amount of extra work it places on the police department.
“The logistics it’s going to add to their department is ridiculous,” he said. “There’s got to be a better way than a rotation.”
Councilman-elect Jon Marsh worried about how tow calls would be dispatched.
Police Chief John Morrow explained that it would be on his department to establish the rotation and notify 9-1-1 dispatchers.
However, he said, “They will not keep track of it.”
Legal
There was also some issues raised about the legal concerns with such an ordinance.
Botto reiterated a previous position that she believes the City is setting itself up for a lawsuit if it fails to follow a rotation.
Smith agreed, saying, “The money in rotations is in the lawsuits. It’s a no win. You’re setting yourself up for failure.”
Botto said the potential for a towing rotation being implemented and the legal issues that could arise from it is one reason she wanted more money placed into the City’s reserve budget for 2026.
“My fear is the first time we fall out of rotation,” she said.
Marsh echoed those concerns.
“It’s an implied contract,” he said. “We’re taking an informal process and making it formal. That is where these lawsuits are coming from. I just think we’re setting ourselves up for a big issue.”
Response Time
Response time and clearing a scene like a traffic crash is one issue that Fire Chief Jim Misstishin raised during last week’s budget meeting. He provided an example of a crash on Route 61 within Pottsville’s jurisdiction that took a little more than a half-hour to clear.
He contrasted that with a call just outside the city limits which was handled by State Police, who are required to follow a towing rotation. Misstishin said it took about twice as long to clear that accident scene.
The Proposed Ordinance Itself
Price, who stated that he’s not for or against the ordinance but just needs more time, did express several of his concerns with the proposed ordinance as it was written with the group during the budget talks last week.
He took exception to the geographic restrictions placed on eligible tow companies and also called a $5,000 entrance fee to be considered for the rotation a form of extortion.
“It’s pay-to-play,” Marsh said.
Is This What Pottsville Needs?
Those officials speaking out against the towing ordinance proposed or the idea of one in general wondered if such legislation was needed in Pottsville.
“This was a non-issue that never should have been brought up,” Botto said.
Misstishin, Marsh, and Smith all agreed.
“There doesn’t appear to be a towing issue,” Marsh said.
The Fire Chief added, “There’s no problem with the way we are right now.”
Back in September, however, owners of two towing companies expressed their displeasure with how Pottsville handles towing jobs it needs completed.
Mike Litwak, of JRL Emergency Services, and Andrew Buchinski, of A&E Auto Repair Inc., addressed City Council then to urge members to move forward on a towing rotation ordinance.
They spoke in contrast to Robert Womer, of Womer’s Garage, who didn’t say he was opposed to the idea of a rotation but said he wanted any participants in one to pay the same Business Privilege Tax he does annually.
Council members balked at moving forward with an ordinance as it was presented at that time, at least partly on the advice of Brennan, who said what was written lacked some key aspects, specifically an appeals process for companies that may be rejected or removed from a potential rotation.
The ordinance that’s expected to be introduced on Tuesday also does not include any language on an appeals process.
Earlier this month, after Council members voted 3-2 in favor of having Brennan write a towing ordinance, Litwak and Buchinski issued a joint public statement, saying the time has come to end what they call a “monopoly” on towing business in Pottsville.
In part, they write, “The only reason this is a major issue is that younger people have chosen to do business in the City and our capabilities have been seen. There’s a reason why everybody across the political spectrum is dragging their feet. That’s because the power that be and the old guard don’t want this.”
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