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Bellefonte Planning Commission
Call to Order:  President Michael McGrath called the meeting to order at 7:30 p.m.  The
following were also present: Dave Wishowsky, Lester St. Clair, Kathy MacDonough, and
Curt Nass.

Special Guests:
Three more of the candidates for office in the Sept. 11 primary were invited to appear and
make a few remarks.  George Losse,  who is running for the 8th District NCC seat,
addressed the meeting.  Mr. Losse is proprietor of Action Electric in Claymont, and has
been active in the Claymont Community Coalition and many other volunteer posts.  Stacy
Griggs is a resident of Penny Hill who is running for the 6th Rep. District.  Mr. Griggs is an
owner of Diamond Technologies and has been active with Junior Achievement, the
NCCCC, and has a special interest in education and job training.  The third speaker was
Glenn Best,  also a candidate for the 8th NCC District seat.  Mr. Best lives in the Fox
Point area, and has worked in business and financial services.  He is active with Meals on
Wheels Delaware, and has a particular interest in supporting police services and closer
oversight of government spending.  During Mr. Best’s presentation, the Town Meeting
was relocated to another room in the Fire House, due to an emergency need for the
banquet room.

Minutes:  The minutes of the June 14, 2004 meeting were read.  There were no additions
or corrections.  Dave Wishowsky moved to accept minutes as read and Lester St. Clair
seconded.  Motion passed.

Bills:  The Secretary read the outstanding bills for June.  Motion was made by Dave
Wishowsky and seconded by Lester St. Clair to approve payment of bills.  Motion passed.

Reports:  Curt Nass gave the Treasurer’s Report and the Tax Collector’s Report
for the period ending 6/30/04.  There was no Building or Plumbing Inspector’s report.  
Mrs. Ann Frampton pointed out that the Building and Plumbing Inspector need to attend
meetings regularly or submit monthly written reports.  They receive some remuneration, or
at least a percentage of the permitting fees collected.  However, Curt Nass stated that in
reality they have not received or filed for any compensation for a long time.  Mike McGrath
will contact Joe Finocchiaro and Steve Russo and try to tighten this process up.

Old Business:

ELECTION:  Mickey Kostyshyn stated that in his opinion, the June 1 election is valid.  On
his own initiative, Mr. Kostyshyn spoke to Howard Sholl, a Board of Elections
representative, and cited a 1972 case, Stabler vs. Whittington, where the City of
Wilmington was allowed to keep the results of an election where voting machines were not
used.  However, Kathy MacDonough reported that, in the Commissioners’
correspondence with, and advice from, Town Attorney John Sullivan, this precedent was
considered and rejected as a guideline, since the case is 32 years old, and the necessity for
use of machines is now widely known and accepted as SOP.

The conduct of the recent election was in error due to inexperience and misleading
information gained by the Commission.  Mrs. Frampton clarified that Mr. Sullivan
represents the Commission, but not the residents of the Town.  He is also not on paid
retainer.  Therefore if a resident contacts him, or visits him as Mr. Kostyshyn did recently,
he is unable to inform or advise them on Town matters.

Don McKay asked if the Dept. of Elections was in conflict with the opinion of the Town
Attorney.  Scott MacKenzie pointed out that he also had spoken with the DOE
representative, Mr. Sholl, who had stressed that in the final analysis, we need to consult an
attorney.

Mike McGrath announced the timetable for the replacement election:  the deadline for filing
is Aug. 1, 2004, and the election, if needed, will be held Sept. 1, 2004.  The reason for the
month’s delay is that the Bd. of Election requests 30 days to prepare ballots and
arrange for the Town to borrow voting machines.

Danielle Lawrence addressed the meeting.  She was one of the winning candidates in the
June 1 election but she has now decided  to withdraw her name.  She stated that she had
been willing to get involved despite a heavy work schedule, but had become extremely
disenchanted after the negative tone and behavior of those attending the June Town
Meeting.  Don McKay pointed out, however, that the Commission had changed its course
of action (in regard to traffic calming) in response to the strong feedback from the
community.

Dorothy Marx questioned whether Lester St. Clair had resigned.  Mr. St. Clair clarified
that he will serve until the new Commissioner is in place but will not run again.

VARIANCES:   Dorothy Marx raised the issue of three variances which were recently
granted.  Mrs. Marx continues to question their legality due to the composition of the
Board of Adjustment and the lack of clear guidelines to base some of the decisions on.   
There is a need to review the regulations and the process.  John Esch and Beth Maloney
volunteered to form a committee to review these matters.

TRAFFIC CALMING:  Dave Wishowsky spoke with DelDOT, and the approach to
traffic calming will be revised to poll residents on a street by street basis.  The police
coverage at trouble spots should begin this coming week.  Dave will instruct the officers as
to locations.  Susan Roberts asked if there will be night coverage.  Dave stated that the
main problems are the AM and PM rush.  The day of the week will be up to the officers
volunteering for the duty, and their availability.

Fran Norris said that she believes, per State law, that local businesses and schools are
supposed to be consulted before any traffic changes are installed.  Don McKay
questioned, why are we starting again on speed bumps at all?  Grace Hayman stated that
she believed the Commission said they would scrap the plan.  Starting again on a street by
street basis is not scrapping the plan.  Fran Norris pointed out that Beeson affects all of the
Town;  how can residents of one street decide something which impacts all?  Dorothy
Marx suggested that a study be done;  she is concerned about the effect of changes spilling
off on to Duncan Rd.

CHARTER:  The Town Charter, Building and Zoning Code, and many Ordinances are
badly in need of review, updating, and in some cases revising.  Scott MacKenzie has done
considerable research on this and learned that Rep. Dave Ennis’ office has legislative
aides available to help us make changes.  Scott volunteered to assist with this process,
which will be a lengthy one.  Henry Pino and Mike McGrath also expressd willingness to
work on this project.  Mrs. Frampton pointed out that Bellefonte is covered by the Home
Rule provision of the Delaware Code;  thus, not all changes have to be approved by the
legislature.

ABANDONED VEHICLE ORDINANCE:  Mike McGrath made the third and final
reading of Ordinance 04-01.  Motion to approve was made by _____  and seconded by
______.  Motion passed unanimously.

BUDGET:  Mike McGrath read the amended Town budget for FY 2005.  It has been
revised from last month to reflect the funds approved for the hiring of the police officers.  
Dave Wishowsky moved to approve the budget and Lester St. Clair seconded.  Motion
passed.

New Business:

Dave Wishowsky made a motion to obtain bids for an air conditioner and also for plans for
handicapped access for the Town Hall.  Lester St. Clair seconded;  motion passed.  Don
McKay asked about monetary limits for obtaining bids;  Mrs. Marx stated that the
threshold is $50.00.

Adjournment:
Dave Wishowsky moved to adjourn and Lester St. Clair seconded.  Meeting was
adjourned at __ p.m. The next regular meeting will be held Monday, August 9, 2004 at 7:
30 p.m. at the Town Hall, corner of Marion and Rosedale.

Respectfully submitted,
Kathleen MacDonough, Secretary
Town Meeting Minutes
July 12, 2004