Call to Order: President Dave Wishowsky called the meeting to order at 7 p.m. The following Commissioners were present:
Kathy MacDonough, Scott MacKenzie, Wayne Russell Norris, Jr., and Terry Thompson. Curt Nass was unable to attend.
The Minutes to the October 11 meeting were read and a motion to accept them was made by Ms. MacDonough, seconded by
Mr. Norris, and passed unanimously.
Bills - Mr. MacKenzie read the following list of bills and a motion was made by Ms. MacDonough to pay the bills, seconded
by Mr. Thompson, and the vote was unanimous. Bills for October were:
NCC Police Contractual Services Policing August 2-29 $816.00
NCC Police Contractual Services Policing - September to 10-3 1, 428.00
Conectiv Street lights - Oct 981.74
Conectiv Town hall power - Oct 9.30
Conectiv Traffic light - Oct 40.75
Waste Management Trash pickup - Nov 7,951.96
Dave Wishowsky Chairs - STAPLES 314.96
Scott MacKenzie Secretarial stipend, reimbursement
for sump pump, dehumidifier, supplies
for installation, and printing of newsletter 428.17
Terry Thompson Reimbursement for printer cartridges,
seminar attendance,and postage. 113.56
Mike McGrath Reimbursement for 2 A/Cs, postage,
deadbolt, website hosting fees (5 months) 393.87
Kathy MacDonough Town Hall open house expenses,
seminar attendance fee, and postage for
newsletter 224.28
Treasurer's Report - In Mr. Nass' s absence, Ms. MacDonough read the Treasurer's for the period ending 10/31/04 that
showed total receipts for the month of $46,219.25, and disbursements of $10,983.67. Ms. MacDonough also gave the Tax
Collector's Report showing taxes of $41,627.84 of current taxes and $2,592.40 of previous year taxes/fees collected during
October, for a total taxes of $44,220.24 collected. Ms. MacDonough stated that she was sure that Mr. Nass would provide
an explanation of banking fees that was questioned at the previous meeting at the December meeting. Mr. Norris made a
motion to accept the Treasurer and Tax Collector's Reports, seconded by Ms. MacDonough, and the vote was unanimous.
Committee Reports
Town Services Committee
Mr. Norris reported that he has checked and that the list of potholes given to DelDot has all been repaired at this time. No
work as yet has been done to the grating at Bellefonte and Brandywine Blvd.
Mr. Norris reported that in subsequent discussions with his committee and the commissioners, he felt that it was not ethical
to put the contract for snow plowing out to bid, since the bid price was disclosed at the previous meeting. He received an
amendment to the original bid from Thom. Finocchairo & Sons qualify that he is not liable for accidents resulting from snow
plowing and that it was not his intention to remove any liability he bears for damage or accidents incurred during snow
plowing. He also removed the "continuous snow storms" provision of his bid. Mr. Norris made a motion to renew the snow
plowing contract with Thomas Finocchairo & Sons, seconded by Ms. MacDonough, and the vote was unanimous. Mr.
Thompson asked that we make every effort to get a competitive bid for next season's contract and Mr. Norris assured him
that the process would begin much earlier next year. Mr. Norris said that on further investigation, placement of sand barrels
by DelDot is not available in incorporated municipalities like Bellefonte. Ms. McDonough asked if we could buy sand barrels
for placement in problem areas. Mr. Norris will investigate pricing.
Mr. Norris gave a notice and pertinent trash ordinance to the operators of the Boulevard Self-clean laundromat. He explained
to them that they can not put their trash out until 24 hours before collection.
Mr. Norris will be attending a workshop by the Delaware Solid Waste Authority on the proposed mandatory statewide
recycling program on 11/16.
Charter, Ordinance, and Regulation Committee
Mr. Thompson reported that a meeting was held on October 20. At this meeting, committee members reviewed all current
ordinances and recommended action. The first recommendation from the committee was that future ordinances do not amend
old ordinances, but that they be repealed and restated. This will avoid future confusion over which ordinances affect or revise
other amendments. Once all ordinances are reviewed and re-written, most will be restated as the new Building Ordinance, the
new Plumbing Ordinance, the Property Maintenance Ordinance, or the new Zoning Ordinances.
Mr. Thomspon found that the copies of the 2003 International Building Code, IBC Plumbing Codes, and IBC Property
Maintenance Codes, upon which New Castle County bases its codes, will cost $170 to purchase. He was not sure at this
time whether we would need a copy of the IBC Mechanical Codes at Town Hall. Mr. Thompson made a motion to authorize
the expense of $170 to purchase these code books, seconded by Mr. MacKenzie, and the vote was unanimous.
Mr. Thompson, at the recommendation of the committee, introduced Ordinance 2004-03 and made its first and second reading.
Town Property and Facilities Committee
Mr. MacKenzie reported that because of conflicting schedules, a meeting was held via email with Curt Nass and Mike
McGrath. The following issues were discussed:
Facility rental of Town Hall - members recommend proceeding with setting price for increased utilities, etc. Remaining issues
include increased insurance costs and no bathrooms. Commission will postpone any decisions until the cost of more
insurance is obtained.
Renovations to day care and Town Hall - bids received for new roof and boiler. R&R of Newark was selected as low-bid
vendor to do the roof. ServiceMark was selected as low-bid vendor to install the new boiler. Mr. McGrath and Mr.
MacKenzie have volunteered to reface the sole operational chimney on the roof of the Day Care Center.
ADA Renovations - Bids are out to four vendors for construction of access ramps for Town Hall. Mr. MacKenzie also asked
if anyone could recommend an architect to do the plans for the bathroom to be added to Town Hall.
Town-owned Parking Lot - Curt Nass sent a letter to Mr. Rosenblatt in Early October but had not heard any response. Mr.
Rossenblatt is the landlord for Sweets to You by Ginger and was the last leaseholder for the parking lot. Rent has not been
paid since January of 2002. Mr. MacKenzie sent him a registered letter and he called. He brought the check for $600 to
Town Hall. The committee recommends either leasing the parking lot by space or making it a public parking lot.
Mr. Rosenblatt spoke about his desire to continue to lease the lot of his tenants' use. Mr. MacKenzie, who wants to keep
leasing the lot in some way, wants to raise the rent to the level suggested by a 1999 appraisal, $300 a month. Mr. MacKenzie
asked the Commissioners for guidance on how to proceed with the lot. The Commissioners requested that Mr. MacKenzie
discuss the appropriate lease fee with committee members, find out if Mr. Rosenblatt is interested in renewing the lease, and
also talk to other merchants on Brandywine Blvd. to assess their interest in leasing the lot, or in the availability of public
parking.
Facilities Spending Authorizations - Mr. MacKenzie made a motion to authorize the expenditure of $500 to have the parking
lot surveyed to determine the parameters of the property. Ms. McDonough seconded. In discussion, Mr. MacKenzie said
the he is asking for the survey for maintenance reasons: currently, you can't tell where the property begins and end and that
there is undergrowth, timber, and other refuse near the lot, but one can't tell where the property line is. Several commissioners
expressed concern that they don't want to pay for a survey until a decision is made about the future of the property. The
motion was voted on and denied three to two (3:2).
Mr. MacKenzie made a motion requesting authorization to send information to the Commission's attorney so that a draft
lease can be prepared, Ms. MacDonough seconded and the vote was unanimous.
Mr. MacKenzie announced that ServiceMark submitted the low bid for replacement of the boiler in the Day Care Center and
had also included an annual maintenance contract on the boiler and the furnace in Town Hall for $300 a year. He made a
motion to authorize the expenditure of $6,500 for the new boiler for the Day Care Center, seconded by Ms. MacDonough.
On discussion, Mr. Thompson asked about making these expenditures before a lease was signed. Mr. MacKenzie said that he
had received no feedback -- positive or negative -- from the tenants about the increase in rent. Diana McWilliams,
newly-elected 6th District Representative, who runs a day care center, cautioned the Commission about upcoming new day
care regulations and requirements from the State, that might affect the operation of Foulk Rd. Preschool and Day Care Center.
Mr. Wishowsky said that Mr. MacKenzie should contact Mr. Crawford regarding these changes and find out if this affects
his willingness to sign a new lease. A vote was taken and authorization was granted to pay $6,500 for the boiler installation
and maintenance contract, pending the conversation with Mr. Crawford.
Mr. MacKenzie made a motion that the Commission authorize the expenditure of $500 for miscellaneous repairs and
renovations at Town Hall including curtains, rods, interior paint, plywood to replace the crawlspace door, enclose the notice
sign, solar lighting for sign, and creation of a town hall sign under day care sign on the lawn. This money would also pay for
replacement of the fiberglass side roof over the entrance to the Day Care Center. Mr. MacKenzie and any volunteers who
would like to help would make all these repairs. Mr. Thompson requested that fire code violations in Town Hall be addressed
before these cosmetic issues. Mr. MacKenzie said that there would be bids to address the fire code issues, including smoke
detectors and the front doors at the next meeting. A vote was taken and the motion passed three to two (3:2).
Planning and Development Committee
Mr. Thompson attended a seminar held by the Institute for Public Administration in Rehoboth, which Mr. Thompson and
Ms. MacDonough attended. He is researching the need for a comprehensive town plan vs. a "town overlay" of the NCC
comprehensive development plan. The "overlay" method is frequently used by small, unincorporated towns in relation to the
county plan. This overlay is often a guideline to preserve the character of the town. Mr. Thompson also stated that the name
of the committee might need to be changed and responsibilities reassigned to conform to state requirements. He will report
back about that. He also suggested that the amount of legal review required in the development of a town plan might require
hiring an attorney on retainer. He announced that Planning Committee meetings would be held regularly on the 2nd and 4th
Wednesday of the month at 7 pm at Town Hall. These meetings welcome public participation. He also reported that
Bellefonte resident Alan Matas had volunteered to assist with development of the plan, and that he will be bringing a State
planner with him to the next meeting. Mr. Thompson stressed that the formation of the Town Plan requires heavy
community involvement and welcomed any new volunteers who would like to volunteer.
Community Activities and Recreation Committee
Ms. MacDonough reported that a meeting had been held on October 24. They had developed list of holiday events, which
was published in the newsletter. The first of these events would be on November 20 for making decorations for lampposts on
the boulevard. The second would be a tie-in with "Art Around Town" on December 3 where the boulevard would be
decorated with luminaries and that people throughout the town were welcome to join in. On December 4, Town Hall would
be open for a family event that features decoration making for the town tree.
Mr. Norris has obtained a cost of $300 to rent a scissor lift to decorate the big tree at Town Hall. It was decided that this is
too ambitious and that a tree inside Town Hall will be decorated instead. On December 11, Town Hall will be open again for
tree decoration and a visit with Santa. This event will be coordinated with Brandywine Hundred Fire Company.
Ms. MacDonough made a motion to authorize spending up to $300 for supplies and decorations for this schedule of holiday
events and Mr. MacKenzie seconded. A discussion was held and a member of the audience suggested that these events be
given a tone of "diversity" and "inclusion" for people of all ethnic and religious backgrounds. The Commission
whole-heartedly endorses this idea and was intending on making these events completely secular. A vote was taken and
passed unanimously.
Inspector's Report
Neither inspector attended this meeting, nor did they prepare reports. Mr. MacKenzie supplied a copy of a letter that was
sent to the inspectors on October 12 asking them to attend or supply reports, and offering assistance in the preparation of
reports. Mr. Wishowsky said that he would call both inspectors and discuss the matter with them.
Old Business
Ms. MacDonough gave a brief report on a complaint at 701-3 Melrose Avenue regarding drainoff from an underground spring
that was disturbed. She is still investigating and working on a plan of action and will report back at the next meeting.
Ms. MacDonough reported that she had discussed prorating the annual dues for the League of Local Governments with the
executive director. They will accept a prorated dues for the balance of the year. Ms. MacDonough made a motion to spend
$410 for membership in the Delaware League of Local Governments effective December 2004 through June 2005. The motion
was seconded by Mr. Thompson and the vote was unanimous.
Mr. Wishowsky reported that the complaint regarding youth loitering on Beeson Rd. has been temporarily resolved and that
he would keep an eye on the situation.
New Business
Mr. Thompson spoke regarding a letter received from the Delaware Emergency Management Agency (DEMA) asking us to
adopt a resolution adopting the State's Hazard Mitigation Plan for use in Bellefonte. They are awarding $1,000 grant from
DEMA for time spent on mitigation action development and review of the plan. Mr. Thompson made a motion to pass the
resolution and then read it, Mr. Norris seconded and the motion passed unanimously.
Mr. MacKenzie made a motion to authorize the expenditure of $1,250 for postage for the newsletter so that we were not
paying for this ourselves and waiting for reimbursement. Ms. MacDonough seconded the motion. Mr. Wishowsky asked if
that was enough money for a whole year. Mr. MacKenzie explained that monthly postage was around $125 per month and
that the request would be 10 months, completing a year's worth of newsletters, since two issues were already done. The
measure passed unanimously.
A complaint was received about construction on Sundays at 909 Grandview. Mr. Wishowsky explained to the resident that
neither Bellefonte nor the county had any ordinance preventing construction on Sundays. Mr. Wishowsky reported that he
made an error is stating the County's noise ordinance at the last meeting. Apparently, the source of the noise defines the time
when it can occur. Construction is permitted Monday - Friday, 7 am to 9 pm. On weekends, the hours are 9 am - 10 pm.
For music and party noise, a violation occurs from 9 pm to 8 am. Noise from trash collection is permitted after 6 am. Animal
noise is a violation if it is 10 minutes continuous or 1/2 hour or longer (intermittent). The revised information will be printed
in the next newsletter.
Mr. MacKenzie reported receipt of a copy of a letter of complaint sent to the NCC Executive from neighbors on Monterrey
Place regarding noise, light, and drainoff coming from a new, 24-hour service at the BP station on Philadelphia Pike. The
Commission asked Mr. MacKenzie to send a letter to the property owners (Sweet Oil Co.) endorsing the neighbors request
for a privacy fence being installed on the property line (the letter requested an 8 foot privacy fence, but Bellefonte ordinance
and codes prohibit a fence higher than 6 foot without a variance from the Board of Adjustments. This will be explained in the
letter). The property owners will also be advised about their responsibility to correct drainage problems that affect
neighboring properties.
Diana McWilliams, newly-elected state representative for Bellefonte, introduced herself and said that she was very impressed
by all the positive action being taken by the Commission and looked forward to working with us to make Bellefonte a better
place for everyone to live.
John Cartier, newly-elected NCC Councilman for Bellefonte introduced himself to attendees. He advised Mr. Thompson that
as he has worked in Heating/AC for years, we do need to purchase a copy of the IBC Mechanical Codes. He also said that
the "overlay" method of town planning would not work for Bellefonte because we are an incorporated municipality with
different needs than the County when it came to planning for future development in the town.
Cartier echoed Ms. McWilliams that he looks forward to helping Bellefonte and the surrounding communities. While not
always able to attend the meetings, he offered his assistance on all matters in working with the County.
The meeting moved to adjourn at 10:00 pm. The next working meeting for the Bellefonte Town Commissioners is set for
Tuesday, November 30, 7 pm, at Town Hall. The next Town Hall meeting will be held on Monday, December 13, at 7 pm,
Town Hall.
ORDINANCE 2004-03
THE COMMISSONERS OF BELLEFONTE
AN ORDINANCE TO REPEAL THE FOLLOWING ANTIQUATED, UNUSED, OR OTHER ORDINANCES THAT
HAVE BEEN AFFECTED BY CHANGES IN COUNTY OR STATE REGULATION AND/OR LEGISLATION
Be it ordained that the Commissioners of Bellefonte, after careful review and consideration, do hereby repeal the following
ordinances:
Ordinance 38-1 - An Ordinance regulating connection with and use of sanitary sewers - New Castle County has assumed
responsibility for regulation, connection, and maintenance of the sewer system within the corporate town limits of Bellefonte.
Ordinance 41-1 - An Ordinance granting authority to The Bellefonte Town Commissioners to assess and set liens upon real
property for sewer fees - New Castle County government has assumed responsibility for this function.
Ordinance 50-1 - Fire Prevention Code Amendment, 11/13/50 - The Fire Prevention Code of Bellefonte, Ordinance 50-1, is
hereby repealed in favor of the National Fire Prevention Association Codes and Standards, as amended in the Delaware State
Fire Prevention Regulations, administered and enforced by The Delaware State Fire Marshall's Office.
Ordinance 61-2 - Fire Prevention Code amendment, 12/11/61, repealed - in favor of Delaware State Fire Prevention
Regulations and the Delaware State Fire Marshall's Office.
FIRST READING:___11/8/04______
SECOND READING: _________________
THIRD READING: ___________________
PASSED BY THE COMMISSIONERS: ________________________
________________________________ ______________________________
SECRETARY OF THE COMMISSIONERS PRESIDENT OF THE COMMISSIONERS
Kathy MacDonough, Scott MacKenzie, Wayne Russell Norris, Jr., and Terry Thompson. Curt Nass was unable to attend.
The Minutes to the October 11 meeting were read and a motion to accept them was made by Ms. MacDonough, seconded by
Mr. Norris, and passed unanimously.
Bills - Mr. MacKenzie read the following list of bills and a motion was made by Ms. MacDonough to pay the bills, seconded
by Mr. Thompson, and the vote was unanimous. Bills for October were:
NCC Police Contractual Services Policing August 2-29 $816.00
NCC Police Contractual Services Policing - September to 10-3 1, 428.00
Conectiv Street lights - Oct 981.74
Conectiv Town hall power - Oct 9.30
Conectiv Traffic light - Oct 40.75
Waste Management Trash pickup - Nov 7,951.96
Dave Wishowsky Chairs - STAPLES 314.96
Scott MacKenzie Secretarial stipend, reimbursement
for sump pump, dehumidifier, supplies
for installation, and printing of newsletter 428.17
Terry Thompson Reimbursement for printer cartridges,
seminar attendance,and postage. 113.56
Mike McGrath Reimbursement for 2 A/Cs, postage,
deadbolt, website hosting fees (5 months) 393.87
Kathy MacDonough Town Hall open house expenses,
seminar attendance fee, and postage for
newsletter 224.28
Treasurer's Report - In Mr. Nass' s absence, Ms. MacDonough read the Treasurer's for the period ending 10/31/04 that
showed total receipts for the month of $46,219.25, and disbursements of $10,983.67. Ms. MacDonough also gave the Tax
Collector's Report showing taxes of $41,627.84 of current taxes and $2,592.40 of previous year taxes/fees collected during
October, for a total taxes of $44,220.24 collected. Ms. MacDonough stated that she was sure that Mr. Nass would provide
an explanation of banking fees that was questioned at the previous meeting at the December meeting. Mr. Norris made a
motion to accept the Treasurer and Tax Collector's Reports, seconded by Ms. MacDonough, and the vote was unanimous.
Committee Reports
Town Services Committee
Mr. Norris reported that he has checked and that the list of potholes given to DelDot has all been repaired at this time. No
work as yet has been done to the grating at Bellefonte and Brandywine Blvd.
Mr. Norris reported that in subsequent discussions with his committee and the commissioners, he felt that it was not ethical
to put the contract for snow plowing out to bid, since the bid price was disclosed at the previous meeting. He received an
amendment to the original bid from Thom. Finocchairo & Sons qualify that he is not liable for accidents resulting from snow
plowing and that it was not his intention to remove any liability he bears for damage or accidents incurred during snow
plowing. He also removed the "continuous snow storms" provision of his bid. Mr. Norris made a motion to renew the snow
plowing contract with Thomas Finocchairo & Sons, seconded by Ms. MacDonough, and the vote was unanimous. Mr.
Thompson asked that we make every effort to get a competitive bid for next season's contract and Mr. Norris assured him
that the process would begin much earlier next year. Mr. Norris said that on further investigation, placement of sand barrels
by DelDot is not available in incorporated municipalities like Bellefonte. Ms. McDonough asked if we could buy sand barrels
for placement in problem areas. Mr. Norris will investigate pricing.
Mr. Norris gave a notice and pertinent trash ordinance to the operators of the Boulevard Self-clean laundromat. He explained
to them that they can not put their trash out until 24 hours before collection.
Mr. Norris will be attending a workshop by the Delaware Solid Waste Authority on the proposed mandatory statewide
recycling program on 11/16.
Charter, Ordinance, and Regulation Committee
Mr. Thompson reported that a meeting was held on October 20. At this meeting, committee members reviewed all current
ordinances and recommended action. The first recommendation from the committee was that future ordinances do not amend
old ordinances, but that they be repealed and restated. This will avoid future confusion over which ordinances affect or revise
other amendments. Once all ordinances are reviewed and re-written, most will be restated as the new Building Ordinance, the
new Plumbing Ordinance, the Property Maintenance Ordinance, or the new Zoning Ordinances.
Mr. Thomspon found that the copies of the 2003 International Building Code, IBC Plumbing Codes, and IBC Property
Maintenance Codes, upon which New Castle County bases its codes, will cost $170 to purchase. He was not sure at this
time whether we would need a copy of the IBC Mechanical Codes at Town Hall. Mr. Thompson made a motion to authorize
the expense of $170 to purchase these code books, seconded by Mr. MacKenzie, and the vote was unanimous.
Mr. Thompson, at the recommendation of the committee, introduced Ordinance 2004-03 and made its first and second reading.
Town Property and Facilities Committee
Mr. MacKenzie reported that because of conflicting schedules, a meeting was held via email with Curt Nass and Mike
McGrath. The following issues were discussed:
Facility rental of Town Hall - members recommend proceeding with setting price for increased utilities, etc. Remaining issues
include increased insurance costs and no bathrooms. Commission will postpone any decisions until the cost of more
insurance is obtained.
Renovations to day care and Town Hall - bids received for new roof and boiler. R&R of Newark was selected as low-bid
vendor to do the roof. ServiceMark was selected as low-bid vendor to install the new boiler. Mr. McGrath and Mr.
MacKenzie have volunteered to reface the sole operational chimney on the roof of the Day Care Center.
ADA Renovations - Bids are out to four vendors for construction of access ramps for Town Hall. Mr. MacKenzie also asked
if anyone could recommend an architect to do the plans for the bathroom to be added to Town Hall.
Town-owned Parking Lot - Curt Nass sent a letter to Mr. Rosenblatt in Early October but had not heard any response. Mr.
Rossenblatt is the landlord for Sweets to You by Ginger and was the last leaseholder for the parking lot. Rent has not been
paid since January of 2002. Mr. MacKenzie sent him a registered letter and he called. He brought the check for $600 to
Town Hall. The committee recommends either leasing the parking lot by space or making it a public parking lot.
Mr. Rosenblatt spoke about his desire to continue to lease the lot of his tenants' use. Mr. MacKenzie, who wants to keep
leasing the lot in some way, wants to raise the rent to the level suggested by a 1999 appraisal, $300 a month. Mr. MacKenzie
asked the Commissioners for guidance on how to proceed with the lot. The Commissioners requested that Mr. MacKenzie
discuss the appropriate lease fee with committee members, find out if Mr. Rosenblatt is interested in renewing the lease, and
also talk to other merchants on Brandywine Blvd. to assess their interest in leasing the lot, or in the availability of public
parking.
Facilities Spending Authorizations - Mr. MacKenzie made a motion to authorize the expenditure of $500 to have the parking
lot surveyed to determine the parameters of the property. Ms. McDonough seconded. In discussion, Mr. MacKenzie said
the he is asking for the survey for maintenance reasons: currently, you can't tell where the property begins and end and that
there is undergrowth, timber, and other refuse near the lot, but one can't tell where the property line is. Several commissioners
expressed concern that they don't want to pay for a survey until a decision is made about the future of the property. The
motion was voted on and denied three to two (3:2).
Mr. MacKenzie made a motion requesting authorization to send information to the Commission's attorney so that a draft
lease can be prepared, Ms. MacDonough seconded and the vote was unanimous.
Mr. MacKenzie announced that ServiceMark submitted the low bid for replacement of the boiler in the Day Care Center and
had also included an annual maintenance contract on the boiler and the furnace in Town Hall for $300 a year. He made a
motion to authorize the expenditure of $6,500 for the new boiler for the Day Care Center, seconded by Ms. MacDonough.
On discussion, Mr. Thompson asked about making these expenditures before a lease was signed. Mr. MacKenzie said that he
had received no feedback -- positive or negative -- from the tenants about the increase in rent. Diana McWilliams,
newly-elected 6th District Representative, who runs a day care center, cautioned the Commission about upcoming new day
care regulations and requirements from the State, that might affect the operation of Foulk Rd. Preschool and Day Care Center.
Mr. Wishowsky said that Mr. MacKenzie should contact Mr. Crawford regarding these changes and find out if this affects
his willingness to sign a new lease. A vote was taken and authorization was granted to pay $6,500 for the boiler installation
and maintenance contract, pending the conversation with Mr. Crawford.
Mr. MacKenzie made a motion that the Commission authorize the expenditure of $500 for miscellaneous repairs and
renovations at Town Hall including curtains, rods, interior paint, plywood to replace the crawlspace door, enclose the notice
sign, solar lighting for sign, and creation of a town hall sign under day care sign on the lawn. This money would also pay for
replacement of the fiberglass side roof over the entrance to the Day Care Center. Mr. MacKenzie and any volunteers who
would like to help would make all these repairs. Mr. Thompson requested that fire code violations in Town Hall be addressed
before these cosmetic issues. Mr. MacKenzie said that there would be bids to address the fire code issues, including smoke
detectors and the front doors at the next meeting. A vote was taken and the motion passed three to two (3:2).
Planning and Development Committee
Mr. Thompson attended a seminar held by the Institute for Public Administration in Rehoboth, which Mr. Thompson and
Ms. MacDonough attended. He is researching the need for a comprehensive town plan vs. a "town overlay" of the NCC
comprehensive development plan. The "overlay" method is frequently used by small, unincorporated towns in relation to the
county plan. This overlay is often a guideline to preserve the character of the town. Mr. Thompson also stated that the name
of the committee might need to be changed and responsibilities reassigned to conform to state requirements. He will report
back about that. He also suggested that the amount of legal review required in the development of a town plan might require
hiring an attorney on retainer. He announced that Planning Committee meetings would be held regularly on the 2nd and 4th
Wednesday of the month at 7 pm at Town Hall. These meetings welcome public participation. He also reported that
Bellefonte resident Alan Matas had volunteered to assist with development of the plan, and that he will be bringing a State
planner with him to the next meeting. Mr. Thompson stressed that the formation of the Town Plan requires heavy
community involvement and welcomed any new volunteers who would like to volunteer.
Community Activities and Recreation Committee
Ms. MacDonough reported that a meeting had been held on October 24. They had developed list of holiday events, which
was published in the newsletter. The first of these events would be on November 20 for making decorations for lampposts on
the boulevard. The second would be a tie-in with "Art Around Town" on December 3 where the boulevard would be
decorated with luminaries and that people throughout the town were welcome to join in. On December 4, Town Hall would
be open for a family event that features decoration making for the town tree.
Mr. Norris has obtained a cost of $300 to rent a scissor lift to decorate the big tree at Town Hall. It was decided that this is
too ambitious and that a tree inside Town Hall will be decorated instead. On December 11, Town Hall will be open again for
tree decoration and a visit with Santa. This event will be coordinated with Brandywine Hundred Fire Company.
Ms. MacDonough made a motion to authorize spending up to $300 for supplies and decorations for this schedule of holiday
events and Mr. MacKenzie seconded. A discussion was held and a member of the audience suggested that these events be
given a tone of "diversity" and "inclusion" for people of all ethnic and religious backgrounds. The Commission
whole-heartedly endorses this idea and was intending on making these events completely secular. A vote was taken and
passed unanimously.
Inspector's Report
Neither inspector attended this meeting, nor did they prepare reports. Mr. MacKenzie supplied a copy of a letter that was
sent to the inspectors on October 12 asking them to attend or supply reports, and offering assistance in the preparation of
reports. Mr. Wishowsky said that he would call both inspectors and discuss the matter with them.
Old Business
Ms. MacDonough gave a brief report on a complaint at 701-3 Melrose Avenue regarding drainoff from an underground spring
that was disturbed. She is still investigating and working on a plan of action and will report back at the next meeting.
Ms. MacDonough reported that she had discussed prorating the annual dues for the League of Local Governments with the
executive director. They will accept a prorated dues for the balance of the year. Ms. MacDonough made a motion to spend
$410 for membership in the Delaware League of Local Governments effective December 2004 through June 2005. The motion
was seconded by Mr. Thompson and the vote was unanimous.
Mr. Wishowsky reported that the complaint regarding youth loitering on Beeson Rd. has been temporarily resolved and that
he would keep an eye on the situation.
New Business
Mr. Thompson spoke regarding a letter received from the Delaware Emergency Management Agency (DEMA) asking us to
adopt a resolution adopting the State's Hazard Mitigation Plan for use in Bellefonte. They are awarding $1,000 grant from
DEMA for time spent on mitigation action development and review of the plan. Mr. Thompson made a motion to pass the
resolution and then read it, Mr. Norris seconded and the motion passed unanimously.
Mr. MacKenzie made a motion to authorize the expenditure of $1,250 for postage for the newsletter so that we were not
paying for this ourselves and waiting for reimbursement. Ms. MacDonough seconded the motion. Mr. Wishowsky asked if
that was enough money for a whole year. Mr. MacKenzie explained that monthly postage was around $125 per month and
that the request would be 10 months, completing a year's worth of newsletters, since two issues were already done. The
measure passed unanimously.
A complaint was received about construction on Sundays at 909 Grandview. Mr. Wishowsky explained to the resident that
neither Bellefonte nor the county had any ordinance preventing construction on Sundays. Mr. Wishowsky reported that he
made an error is stating the County's noise ordinance at the last meeting. Apparently, the source of the noise defines the time
when it can occur. Construction is permitted Monday - Friday, 7 am to 9 pm. On weekends, the hours are 9 am - 10 pm.
For music and party noise, a violation occurs from 9 pm to 8 am. Noise from trash collection is permitted after 6 am. Animal
noise is a violation if it is 10 minutes continuous or 1/2 hour or longer (intermittent). The revised information will be printed
in the next newsletter.
Mr. MacKenzie reported receipt of a copy of a letter of complaint sent to the NCC Executive from neighbors on Monterrey
Place regarding noise, light, and drainoff coming from a new, 24-hour service at the BP station on Philadelphia Pike. The
Commission asked Mr. MacKenzie to send a letter to the property owners (Sweet Oil Co.) endorsing the neighbors request
for a privacy fence being installed on the property line (the letter requested an 8 foot privacy fence, but Bellefonte ordinance
and codes prohibit a fence higher than 6 foot without a variance from the Board of Adjustments. This will be explained in the
letter). The property owners will also be advised about their responsibility to correct drainage problems that affect
neighboring properties.
Diana McWilliams, newly-elected state representative for Bellefonte, introduced herself and said that she was very impressed
by all the positive action being taken by the Commission and looked forward to working with us to make Bellefonte a better
place for everyone to live.
John Cartier, newly-elected NCC Councilman for Bellefonte introduced himself to attendees. He advised Mr. Thompson that
as he has worked in Heating/AC for years, we do need to purchase a copy of the IBC Mechanical Codes. He also said that
the "overlay" method of town planning would not work for Bellefonte because we are an incorporated municipality with
different needs than the County when it came to planning for future development in the town.
Cartier echoed Ms. McWilliams that he looks forward to helping Bellefonte and the surrounding communities. While not
always able to attend the meetings, he offered his assistance on all matters in working with the County.
The meeting moved to adjourn at 10:00 pm. The next working meeting for the Bellefonte Town Commissioners is set for
Tuesday, November 30, 7 pm, at Town Hall. The next Town Hall meeting will be held on Monday, December 13, at 7 pm,
Town Hall.
ORDINANCE 2004-03
THE COMMISSONERS OF BELLEFONTE
AN ORDINANCE TO REPEAL THE FOLLOWING ANTIQUATED, UNUSED, OR OTHER ORDINANCES THAT
HAVE BEEN AFFECTED BY CHANGES IN COUNTY OR STATE REGULATION AND/OR LEGISLATION
Be it ordained that the Commissioners of Bellefonte, after careful review and consideration, do hereby repeal the following
ordinances:
Ordinance 38-1 - An Ordinance regulating connection with and use of sanitary sewers - New Castle County has assumed
responsibility for regulation, connection, and maintenance of the sewer system within the corporate town limits of Bellefonte.
Ordinance 41-1 - An Ordinance granting authority to The Bellefonte Town Commissioners to assess and set liens upon real
property for sewer fees - New Castle County government has assumed responsibility for this function.
Ordinance 50-1 - Fire Prevention Code Amendment, 11/13/50 - The Fire Prevention Code of Bellefonte, Ordinance 50-1, is
hereby repealed in favor of the National Fire Prevention Association Codes and Standards, as amended in the Delaware State
Fire Prevention Regulations, administered and enforced by The Delaware State Fire Marshall's Office.
Ordinance 61-2 - Fire Prevention Code amendment, 12/11/61, repealed - in favor of Delaware State Fire Prevention
Regulations and the Delaware State Fire Marshall's Office.
FIRST READING:___11/8/04______
SECOND READING: _________________
THIRD READING: ___________________
PASSED BY THE COMMISSIONERS: ________________________
________________________________ ______________________________
SECRETARY OF THE COMMISSIONERS PRESIDENT OF THE COMMISSIONERS
| MINUTES OF THE REGULAR MONTHLY MEETING OF THE COMMISSIONERS TOWN of BELLEFONTE, Delaware November 8th, 2004 |
