MINUTES OF THE REGULAR MONTHLY MEETING OF THE COMMISSIONERS
TOWN of BELLEFONTE, Delaware
October 11th, 2004
Call to Order:  President Dave Wishowsky called the meeting to order at 7:30 p.m.  The
following Commissioners were also present: Kathy MacDonough, Scott MacKenzie, Curt Nass,
Wayne Russell Norris, Jr., and Terry Thompson.

Special Guests:
Stacy Griggs, Republican candidate for the 6th Representative District attended, requesting an
announcement by Mr. Wishowsky.  On October 20, Griggs will be holding a fundraiser at
Brandywine Hundred Fire Company from 7-9 p.m. The cost is $15 per person and special guest
will be Congressman Mike Castle.  He also announced that tomorrow, October 12, is the final
day to register to vote and that he had applications if anyone needed them.

Minutes:  The minutes of the September 12, 2004 meeting were read.  Mr. Thompson requested
two changes (deletion of Henry Pino as member of Town Services Committee, and the inclusion
of a clause in the final paragraph saying that certain businesses prevented by Ordinance 57-2
actually could be approved by public referendum) and Wayne Russell Norris Jr. asked that the
Facilities Committee report reflect that fire safety code violations be given priority in the Town
Hall/Day Care renovations project).  The revisions were made, Ms. MacDonough made a
motion to accept them as revised, seconded by Terry Thompson, and the motion passed
unanimously.

A report of the Working Meeting on Wednesday, September 28, were read. Topics discussed
included setting the Working Meeting date as last Tuesday in the month, change of Town and
Working Meeting times to 7 p.m., posting a schedule of all meetings, posting of a general agenda
for all Town Meetings, a discussion of the proper date for municipal elections, the snow plowing
contract, ongoing renovations at Town Hall/day Care center, review of the Complaints log, and
presentation of a commendation to Michael's Barbershop.  The notes were accepted.

Bills:  Mr. MacKenzie read the outstanding bills for September-October.  Motion was made by
Ms. MacDonough and seconded by Mr. Thompson to approve payment of bills as read.  
Motion passed unanimously.  The following bills were authorized for payment:

Howard L. Robertson, Inc. Engineering plans for wheelchair ramps at Town Hall $987.00
Conectiv Town hall power - August 38.11
Conectiv Street lights, Sept. 981.74
Conectiv Town hall power, Sept. 68.14
Conectiv Traffic light, Sept. 42.63
Waste Management Trash pickup - Oct.  7,847.92
Scott MacKenzie Secretarial stipend and supply reimbursement 358.23
NCC Police Department July services 612.00

Financial Reports:
Mr. Nass gave the Treasurer’s Report for the period ending 09/30/04 that showed total
receipts for the month of $31,402.04, and disbursements of 9,204.63.  Mr. Nass also gave the
Tax Collector’s Report  showing taxes of $27,704.52 of current taxes and $809.77 of
previous year taxes/fees collected during September.  Mr. Thompson questioned the banking
fees being charged and whether they were typical.  Mr. Nass will investigate and report back.  
Mr. Thompson made a motion to accept the Treasurer's and Tax Collector's reports, seconded
by Mr. Norris, passed unanimously.

Building and Plumbing Inspectors’ Reports:
There was no Building or Plumbing Inspector’s report for this meeting.  Mr. Thompson
raised the issue of sending a letter to both Mr. Russo and Mr. Finnochairo notifying them that it is
a job requirement that they issue a report to the commission each month.  Mr. MacKenzie will
handle.

Committee Reports

Town Services
Mr. Norris reported that he would like the term "snow removal" stricken from use and "snow
plowing" used instead.  Mr. Norris received a bid from Thomas Finocchairo for continuation of
his contract for snow plowing in Bellefonte.  The bid contains an average increase of $400 per
removal and a $100 fuel surcharge.  Mr. Thompson requested that we get at least two other bids
before renewing our contract with Finocchairo Brothers.  The Commissioners agreed and Mr.
Norris will obtain other bids.

Mr. Norris contacted DelDot about complaint 04-03 at Bellefonte Ave. & Brandywine Blvd.
and the drain is on their list for repair.  Mr. Norris also has looked into a list of potholes.  Those
that have not yet been fixed are on DelDot's list to be repaired.  Two non-operational streetlights
and a non-operational red traffic light have been reported to Conectiv for repair.

Mr. Norris also reported that complaint 04-02 about 1009 Marion Ave. has been resolved
because the tenants have moved out of the house and the house is for sale.

Mr. Norris reported that DelDot will make sand barrels available for placement in problem
areas, but permission of the property owners needs to be obtained before barrels are placed.  
He will investigate further.

Charter, Ordinance, and Regulation Committee
Mr. Thompson reported that no meeting of the committee had been held pending the completion
of research of Delaware Code, New Castle County Code, existing Bellefonte ordinances.  At
the request of Beth Maloney, Mr. Thompson will investigate the cost of purchasing a copy of the
International Building Codes that are used by New Castle County as the basis for their Building
Codes.

Mr. Thompson made the third and final reading of Ordinance 04-02, and Ordinance repealing
Ordinances 1942, 62-6, 59-1, 59-3, 61-1, 62-1 and 62-2 as antiquated, unused, or
superceded by NCC and DE law.  A motion for approval of this Ordinance was made by Mr.
MacKenzie, seconded by Mr. Thompson.  A short discussion was held among the
Commissioners and the floor was open to public questions before the vote.  Miroslaw
Kostyshyn questioned whether the first and second reading of this ordinance that took place at
September's meeting was appropriate, since the ordinance was prepared by Mr. Thompson and
Mr. MacKenzie before they were sworn in as Commissioners, even though the reading took
place after the swearing in.  Mr. Thompson answered that the work was done by the two as
members of the Charter and Ordinance Committee, which was authorized by previous-president
Mike McGrath to make recommendations to the Commission, and so the readings were
appropriate and legal.  There being no further public questions, the vote was taken and the
motion was passed unanimously.  (Approved Ordinance 2004-02 attachment 3).

Facilities Committee
Mr. MacKenzie reported that the committee members and Mr. Thompson met on Friday,
September 24.  Prior to the meeting, a plumbing inspection and a building inspection was done at
both Town Hall and the Day Care Center, to identify any problems that might need to be
addressed in the renovations.  A meeting was also held with the Crawfords, tenants, to identify
any problems that they might have identified.

The Facilities Committee is recommending that a letter be sent from the Commissioners to the
Crawfords notifying them that 1) they must pay the unpaid balance of rent by 12/31; and 2) they
must clear out the conference room by 11/31; and 3) to advise them that the lease agreement
(eff. 1/15) will contain an increase (stepped) beginning at $1200 a month for Jan and increasing
each month by $200 and topping at $2000 per month; and advise them that this new rent will
include lawn care, and sewer fees; and 4) notify them of our intent to begin building
improvements immediately, to include:  new roof on upper classroom, new furnace, and the
repair/replacement of ceiling tiles, building of storage area, replacing the side entrance porch
roof, and fixing the gutters/downspouts on the building.  The rest of the improvements are to be
done in phases, with the new furnace and roof to be done immediately upon their acceptance of
the new lease terms.

They are also to be advised that they cannot leave their trash receptacles on the curb throughout
the week.  A letter containing this information will be sent by Mr. MacKenzie to the Crawfords
as soon as possible.

Mr. MacKenzie and the Commission also thanked Richard Mulhern of 702 Fairview who
volunteered and cleaned the gutters of Town Hall and the Day Care center on Saturday, 10-9.

Planning and Development Committee
Mr. Thompson reported that according to Delaware State Code, Bellefonte must develop and
adopt a Comprehensive Town Plan and that this plan mesh with State and County
Comprehensive Plans.  He is investigating assistance from the NCC Dept. of Land Use, the
State Office of Planning, and Institute of Public Administration (at UDEL).

Mr. Thompson made a motion to authorize the expenditure of $700 for annual membership for
Bellefonte in the Delaware League of Local Government.  It was seconded by Ms.
MacDonough.  During discussion, concern was raised about whether the dues would be
prorated for the part of the year since the fee was due in July.  The motion was tabled until Ms.
MacDonough can investigate.

Mr. Thompson requested approval and made a motion for $90 for two members of the Planning
Committee to attend a workshop in Rehoboth being held on 10/28 by the Institute for Public
Administration (UDEL).  Ms. MacDonough seconded and the vote was unanimous.

Community Recreation & Activities Committee
Ms. MacDonough reported that the Mt. Pleasant Homecoming Parade and Brandywine
Hundred Fire Company Open House was to be held on Saturday, October 16.  She requested
and made a motion for authorization to spend $40 for refreshments and supplies to hold an open
house at Town Hall from 11 am until 3 pm.  Mr. Norris seconded and the vote was unanimous.

Correspondence
Ms. MacDonough received a letter of complaint regarding a drainage dispute at 601 and 603
Melrose Avenue.  The complaint was logged and will be investigated by Ms. MacDonough.

A letter of thanks was received from Mrs. Hayman at 1008 Elizabeth Ave. to BTC and Mr.
Norris for resolving the complaint at 1009 Marion Avenue.  She also complimented the
newsletter.  

Mr. Thompson received an email from Anita Wollison of Gordon Heights who is interested in
renting Town Hall to teach "Dancekinetics" class.  Mr. Thompson made a motion that the
Facilities Committee investigate the possibilities and was seconded by Ms. MacDonough.  The
vote to refer the matter to the Facilities Committee was three in favor and two opposed.  The
measure carried and Mr. MacKenzie will assume responsibility.

Mr. Wishowsky reported that Don McKay had presented us a bound copy of "Memoirs of
Bellefonte," the written memories of past chief Chief Emeritus H. Bentz Hurst and his wife Clara
L. Hurst, from Brandywine Hundred Fire Company, for display at Town Hall.

Old Business:

Ms. MacDonough and Mike McGrath presented a commendation to Frank Holodick, owner of
Michael's Bellefonte Barbershop, in gratitude for choosing to relocate his business in Bellefonte.
Mr. MacKenzie gave a report on the Complaint logging system that has been established.  To
date, we have received seven complaints.  Mr. MacKenzie reported that care of property issues
at 913 Fairview had been resolved and that the owner had cut the grass on the last day
permitted by the warning letter sent to him.  He also reported that two weeks ago a tree had
fallen on the property and that it had not been removed.  Mr. MaKenzie will check ordinances
and will followup with this property and report back.

The active complaint at 1009 Marion, complaint 04-02, is closed.  The tenants at the property
moved out and the trash was removed.  The property is now for sale.

Complaint 04-03 regarding the grating and sewer drain at Bellefonte and Brandywine was
reported to DelDot by Mr. Norris and will be repaired.

Mr. MacKenzie reported that Mr. McGrath had posted the report from the last meeting on the
town web site and that the site was currently up to date and in the process of being transferred to
him.

New Business:

Mr. MacKenzie made a motion requesting authorization to spend $500 to acquire a sump pump
and have it installed.  The motion was seconded by Mr. Thompson and the vote was
unanimous.  Richard Perillo of BHFC volunteered to do the installation for the town.

Mr. MacKenzie also made a motion requesting authorization to send up to $18,500 on the new
roof for Town Hall and the peaked portion of the Day Care center.  The motion was seconded
by Mr. Thompson.  On discussion, Ms. MacDonough suggested that Mr. MacKenzie not
restrict his ability to select a vendor by asking for the exact amount of the low bid.  Mr.
MacKenzie revised his request to $20,000, it was seconded by Mr. Norris, and the vote was
unanimous.

Mr. Norris presented a bid from Thomas Finocchairo and Sons for the annual snow plowing
contract.  The bid contains a roughly $400 increase over last season and a fuel surcharge of  
$100 per event.  Mr. Thompson expressed concern about the bid's waiver from liability for
damages.  He also suggested that we should attempt to get competitive bids before agreeing to
this contract.  The Commissioners agreed and Mr. Norris will contact nearby towns and obtain
more bids.

Public New Business:

Dave Wishowsky opened up the floor to new business from those attending, asking them to
keep their request under five minutes.  Before opening up the floor, Mr. Wishowsky encouraged
people in town to contact the New Castle County Police when there is a problem.  We pay
taxes to NCC for police protection and we should not hesitate.  The number to call for
emergencies is 911, for non-emergencies 395-8171.  He also gave the number for the drug unit,
395-8115, and the NCCPD Confidential Reporting Hotline at 655-8045.  These numbers will
be included in the next town newsletter.

Mr. Wishowsky also announced that the times for our regular town meeting (second Monday of
the month) and our working meeting (last Tuesday of the month) have been changed to 7 p.m.

A complaint was raised by a member of the audience who would like to remain anonymous,
regarding loitering and the gathering of teens on Beeson Avenue.  Mr. Wishowsky encouraged
the resident to call the NCC police regarding this issue.

Beth Maloney requested that the Commission authorize the purchase of the International Building
Codes 2003, since we are considering using these codes (as New Castle County does) and
repealing the Bellefonte Building Codes (1941).  Mr. Thompson said he would find out how
much they cost and will check with Mr.Finicchairo about whether we need to have a copy
before the next meeting.  Don McKay voiced his concern over changing Bellefonte's building
codes to match NCC codes.

A large pothole around the manhole near 1109 Elizabeth was reported.  Mr. Norris will
investigate and report to DelDot and NCC for repair.

Bruce Dunlap reported that there is obscene graffiti on the side of Ginger's Bakery.  He said that
someone needs to check about the counties time requirements for removal and enforce that with
the landlord.  He also inquired about the status of the town's parking lot next door.  That issue is
being handled by the Facilities Committee and will be reported on by Mr. MacKenzie at the next
meeting.

Frank Holodick of Michael's Barbershop asked is anything could be done about the laundromat
putting out their trash days in advance of collection.  Mr. Thompson said that you can only put
out your trash within 24 hours of collection according to ordinance.  The issue of the town not
being responsible for business trash collection was raised.  Mr. Norris and the Town Services
Committee will pursue the broader issue, and a notice will be sent to Laundromat operators.

Mr. Wishowsky noted that there is construction in many places in Bellefonte and reminded
people that the County has a noise ordinance that prohibits disturbing noises between 9 p.m. ad
6 a.m.  The responsibility for enforcing this ordinance is with the NCC police.  Please report any
noise after or before these times by calling the non-emergency number, 395-8171.

Adjournment:

Mr. Norris moved to adjourn, it was seconded by Ms. MacDonough, and passed to adjourn at
10:25 p.m. The next regular meeting will be held Monday, November 8, 2004 at 7:00 p.m. at
the Town Hall, corner of Marion and Rosedale.

Respectfully submitted,
Scott L. MacKenzie, Secretary