ROCKLEDGE BOROUGH COUNCIL
COMMITTEE MEETING MINUTES
OF JANUARY 30, 2006

The Rockledge Borough Council met at 7:30 p.m. on January 30, 2006, at the Rockledge Borough Hall. After the prayer and the Pledge of Allegiance were recited, the roll was called as follows: Mr. Denelsbeck, Mrs. Walz, Mr. Mori, Mr. Beady, Mr. Caffrey, Mr. Casey, and Mayor Costello.

The following addition was made to the agenda by Mr. Caffrey: discussion regarding the most recent Planning Commission Meeting.

A motion was made to adopt the agenda. All were in favor.

Law and Planning:

Mr. Beady announced the adoption of the Open Space Plan. Mr. Aungst commended all who were involved in developing this plan. Mr. Narcowich stated that adoption of this plan will pave the way for us to apply for and obtain grant money from the County in the amount of $149,800 for Open Space. Mr. Denelsbeck asked if the plan still included the option of acquisition with specific areas noted. Mr. Narcowich stated that it included investigating joint acquisition opportunities with Abington, acquiring pocket parks in Strockville and the North Central part of the Borough.

Mr. Denelsbeck called the roll for adoption of the Open Space Plan:
Mrs. Walz: Yes
Mr. Mori: Yes
Mr. Beady: Yes
Mr. Casey: Yes
Mr. Caffrey: Yes
Mrs. Denelsbeck: Yes

The vote was 6:0 adopting the Open Space Plan.

Mr. Narcowich confirmed that we are allowed to apply for money for park improvements and trails. Mr. Denelsbeck thanked Mr. Narcowich and the Planning Commission for all of their hard work. Mr. Denelsbeck announced that the Park Board would be meeting shortly to begin development of the plans for improvement of the current pieces.

Mr. Beady announced the Zoning Hearing scheduled for Wednesday, February 8, at 7:30 p.m. at the Rockledge Borough Hall concerning an application received from Wachovia Bank regarding the property located at 620 Huntingdon Pike.

Mr. Beady motioned to appoint William Radtke to the Zoning Hearing Board. Mr. Radtke will be completing Mr. Assal’s term which expires at the end of next year. All were in favor.

Mr. Beady announced the adoption of Stormwater Management Ordinance #2006-595. Mr. Denelsbeck asked Mrs. Ivey if this was related to the meetings she was attending at the Tacony Watershed. Mr. Denelsbeck asked Mr. Truman if this had to be adopted this evening. Mr. Truman stated it would be prudent as it would bring us further into DEP compliance with stormwater mandates. Mr. Denelsbeck asked if it could be held off until the February 13 Council Meeting. Mr. Beady agreed. Copies of this ordinance will be given to each Council Member and Mrs. Ivey.

Finance

Mr. Casey asked for approval to purchase a cell phone for Mr. Ovack, Streets Crew Foreman. Mr. Truman stated that the average phone would cost @$50.00. Plans run from @$30-$40.00/month and we would receive a discount as we are a non-profit public entity. The 400-minute plan at $34.99/month was suggested. This did not include the discount. Mr. Denelsbeck told Mr. Truman to speak to Mr. Kelleher to determine where payment of this bill would be included in the budget. Motion was made to purchase the cell phone for Mr. Ovack. All were in favor.

Mr. Casey asked for approval to purchase a digital camera. Mr. Truman stated the pictures should be pretty clear from the printer in the Borough Office if photography paper is used. Discussion followed regarding what type of camera should be purchased. Mr. Mori stated that a photo printer could be purchased for a reasonable price. Mr. Denelsbeck asked Mr. Truman to obtain some more research on this matter.

Public Service

Mr. Caffrey stated he met with the Planning Commission regarding putting together a welcome program for new residents to the Borough. A booklet will be developed to include as much information as possible related to living in Rockledge to include organizations they can join, etc.

Public Safety

Mr. Mori had nothing to discuss at this time.

Streets, Lights, and Sewers

Mr. Kelleher was not in attendance at this meeting.

Recreation

Mrs. Walz had nothing to discuss at this time.

Property

Mr. Beady had nothing to discuss at this time.

Personnel

Mr. Casey had nothing to discuss at this time. Mr. Denelsbeck announced that Borough Council met prior to tonight’s meeting to begin negotiations with the Borough Manager regarding his letter of agreement.

Mr. Denelsbeck asked if the bound copies of the Codified Ordinances have been received. Mr. Truman stated that as of December, General Code (Publishers) still did not have them ready to be sent. Mr. Denelsbeck stated he would like to at least have the ordinances on CD in two weeks.

Mr. Denelsbeck asked Chief Leary to update the Rockledge Borough Police Department Policy and Procedures Manual.

Public Comment

Mr. Denelsbeck asked Mr. Aungst if we would now be getting a new bound copy of the Open Space Plan. Mr. Aungst stated that since the new plan is approved Montgomery County would be sending us some copies.

Mr. Denelsbeck asked Mr. Truman if we were still under the 1993 Zoning Ordinance. Mr. Truman answered yes, but that he had an updated version. Mr. Aungst stated that the Planning Commission would like to review, update, and improve the Zoning Ordinance. The Planning Commission needs Council to appoint them to do this. Mr. Denelsbeck asked for a motion to empower the Planning Commission to review the Zoning Ordinance and make recommendations for updates. This motion was made and all were in favor.

Mr. Denelsbeck stated that the latest copy of the Elected Officials Handbook – Emergency Management Agency that the Borough has is from 1997. Mr. Denelsbeck asked Chief Leary to see if he could get a more recent copy.

Mr. Denelsbeck announced that U.S. Congresswoman Allison Schwartz from the 13th Congressional district would be coming on February 27 to present the Police Department with a $50,000 technology grant that Chief Leary has been pushing for. Chief Leary stated that Mr. Truman also helped out with this. Mr. Truman will check to see if George Kenney will be coming for this. Mr. Denelsbeck stated that the Borough also received a check from the State compliments of Representative Kenney for $50,000; $20,000 of this went to the walking trail; $6,000 for the concrete pad for the gazebo; $14,000 for resurfacing the tennis and hockey courts to be done this summer; $3,000 for recycling stations in all of the playgrounds; and $7,000 for community policing. Mr. Denelsbeck extended thanks to Representative Kenney for this grant.

Mr. Wynne commented with regard to the purchase of the digital camera. He recommended not purchasing a printer and buying a higher end camera. He stated he felt the prints from the one-hour photo stores were of a good quality.

Doris Schreck from Gabby’s Gifts and Collectibles stood to speak. She stated that she bought out Mrs. Hipwell’s collectibles business on February 8, 2005. On 1/11/06, Ms. Schreck met with Mr. Truman and Mr. Kern regarding her sign and the fact that she did not have a sign permit. She was told that the sign would have to be removed. Mrs. Schreck stated that this is a continuing business without a 90-day lapse in time. Mrs. Schreck stated that Mr. Kern was under the impression that this was a brand new sign. Mrs. Schreck stated that the sign has been there for over 30 years. Mrs. Schreck stated that she took out the panels, cleaned it up, and put new letters on it. Mr. Truman checked into this and discovered that the sign has been there as there was a digital picture of it on the Borough computer. Mrs. Schreck then thought this issue had been resolved. Mr. Truman visited her a week later and presented her with a letter stating that she had one week to take down the sign, or the business would have to be closed. Mrs. Schreck stated that she had not been aware of the sign ordinance when she hung the signs, as Mrs. Hipwell did not inform her of the ordinance either. Mrs. Schreck’s business had previously been in Lambertville and they do not have an ordinance of this nature. Mrs. Schreck has become familiar with the sign ordinance and believes that her sign has only been beautified from what was there. Mrs. Schreck expressed her intent to be a contributing member of Rockledge. She feels that it is a detriment to the business by making her remove the signs. Mr. Truman told her last Thursday that he would look into getting her a temporary permit. He recommended that she attend tonight’s meeting to discuss this matter with Council.

Mr. Denelsbeck asked when the Bluebird Antique Store left. Mrs. Hipwell answered December of 2004. Mrs. Shreck started running her business in February of 2005. Mr. Denelsbeck asked Mrs. Hipwell if she had filed a Mercantile Tax by May 15, 2005 reporting the income that was generated from that business. Mrs. Hipwell stated she filed a return for the business and rental income together. Mrs. Schreck stated she took down the panels from the Bluebird Sign and put her letters on that sign in January, 2006. Mr. Denelsbeck stated that this is clearly long past the 90-day rule in the sign ordinance. Mr. Denelsbeck stated that Council debated this sign ordinance for 3-4 months. The Business Association of the Borough and Fox Chase is well aware of this sign ordinance. Mr. Denelsbeck stated that Mrs. Schreck never registered her business; the Borough only discovered she was running her business when the new signs went up. Had she registered with the Borough, she would have been made aware of what she could and could not do with regards to signage.

Mr. Denelsbeck stated that the sign is not in compliance with the ordinance. The purpose of this ordinance is to remove the 50-year-old signs that are rusty, old, and could fall at any time. It was not designed to be punitive. Mr. Denelsbeck informed Mrs. Schreck that the sign that she covered on the front of the building sticks out too far. Borough Council cannot waive a zoning ordinance. Mrs. Schreck would need to file an application for a zoning variance requesting a hearing. Mr. Bresnan explained to Mrs. Schreck and the Hipwell family the proceedings that occur at a Zoning Hearing. Mr. Truman explained that the lot that her store is on is a 50’ wide lot with two tenants. In this case you are really only supposed to have total aggregate signage of 40 square feet. The store next to Gabby’s (The Hair Connection) takes up well over 50% of that alone. Gabby’s will have to have drastically smaller signs to compensate for the largeness of the two signs at the Hair Connection. Cindy Hipwell then questioned what the problem was with the sign on the pole. She stated that there are many signs on Huntingdon Pike that are very similar. She admitted that it is rusty, but is in working order. Mr. Denelsbeck explained that the sign is not legal as it is internally illuminated (lit from the inside). He explained that if the internally illuminated signs existed before the 2004 adoption of the sign ordinance, then they are allowed to stay. If there is a minimal replacement cost of the face if damaged, they are allowed to stay. Mr. Denelsbeck explained that their sign was abandoned (90 days between old and new operation of business), and so must comply with all of the new ordinances. Bluebird Antiques left in December of 2004 and the Gabby’s sign did not go up until January of 2006. Cindy Hipwell asked why the fact that there was a continuous business there that whole time that this was not being taken into consideration. Mr. Denelsbeck stated that the Zoning Officer is not taking this into consideration and this is the point that would have to be made to the Zoning Hearing Board. Mr. Denelsbeck also stated that no single poles of that nature are allowed. Signs are supposed to be held with two poles holding them securely. Mrs. Schreck stated that she received a sign inspection bill on January 11, 2006 which does not indicate any violations and it is noted that the sign is in good condition. Mr. Denelsbeck stated that the person who is inspecting the signs is inspecting it to make sure it is safe; not to make sure that it complies with the ordinance. Mrs. Hipwell stated that she spoke to Mayor Costello who led her to believe that her signs were grandfathered. Mayor Costello told Mrs. Hipwell that at that time he was not aware that the business had changed hands.

Cindy Hipwell stated that she felt this issue was not handled very well and felt the letters received relating to this were threatening. She stated they were never notified of the change in the sign ordinance. Mr. Denelsbeck stated that every business on Huntingdon Pike received notification that the ordinance was adopted and it was also advertised in the newspaper. Mr. Truman assured Ms. Hipwell that never had any threats been made.

Mrs. Schreck asked Mr. Denelsbeck what would happen should she put her signs back up. Mr. Denelsbeck answered that she would probably be cited for failure to comply with the sign ordinance. Mr. Denelsbeck informed Mrs. Schreck that he would not argue with her any longer regarding this ordinance; she would have to apply for a zoning variance. Mr. Denelsbeck suggested that they come to the Borough Office to discuss the sign ordinance with the Building Inspector and he will tell them which signs are legal to hang. Mr. Mori suggested she explore the avenue of putting up a sandwich-board sign until she receives a decision from the Zoning Hearing Board.

Mr. Aungst asked if Council was in agreement with the plans for the Wachovia Bank. Mr. Denelsbeck stated that Council is not allowed to take a position on this matter. Mr. Denelsbeck stated he has good faith in the three members of the Zoning Hearing Board that they will do what they think is best for the community.

Mrs. Schreck again asked for a temporary permit for a sign. Mr. Denelsbeck reiterated that she is to speak with the Building Inspector to find out exactly what she is allowed to put up.

Motion was made to adjourn. All were in favor.

Respectfully submitted,

Grace Metzinger
Assistant Borough Manager