| MINUTES OF THE REGULAR MONTHLY MEETING OF THE COMMISSIONERS TOWN of BELLEFONTE, Delaware September 12th, 2004 |
Call to Order: President Michael McGrath called the meeting to order at 7:30 p.m. The
following Commissioners were present: Dave Wishowsky, Kathy MacDonough, and Curt
Nass, as well as commissioners-elect Scott MacKenzie, Wayne Russell Norris, Jr., and Terry
Thompson.
Special Guests:
There were no special guests at this meeting.
Minutes: The minutes of the August 9, 2004 meeting were read. There were no additions or
corrections. Dave Wishowsky moved to accept minutes as read and Kathy MacDonough
seconded. Motion passed unanimously. The minutes to a special meeting on Wednesday,
September 7 were read. There were no additions or corrections Dave Wishowsky moved to
accept minutes as read and Kathy MacDonough seconded. Motion passed unanimously.
Bills: Secretary Kathy MacDonough read the outstanding bills for September. Motion was
made Dave Wishowsky and seconded by Kathy MacDonough to approve payment of bills as
read. Motion passed unanimously. The following bills were authorized for payment:
Waste Management trash $7,851.72
KT&D Insurance bond $199.00
Conectiv street lights $981.74
Conectiv traffic light $47.85
Kathy MacDonough supplies $78.83
Financial Reports: Curt Nass gave the Treasurer’s Report and the Tax Collector’s
Report for the period ending 8/31/04. He also announced that the final payment of $43,738.00
for the Streetscape Project had been paid by the State.
Building and Plumbing Inspectors’ Reports:
There was no Building or Plumbing Inspector’s report for this meeting.
Correspondence:
A letter dated August 16 from Captain Mark Hitch of the New Castle County Police was
received, I response to a letter from Dave Wishowsky asking for more presence by the NCC
police on Brandywine Blvd. and Marion Avenue to help deter speeding. Hitch’s letter
contained a report from June reporting the number of citations given by officers in Bellefonte,
before the Commission authorized the hiring of off-duty officers for designated patrol in
Bellefonte.
A letter was also received from the Delaware Economic Development Council regarding a
workshop on September 23 to be held in Dover. The meeting will be attended by a
representative of the League of Local Governments and reported to the Commissioners.
An invitation was also received to a reception hosted by Gov. Minner for publication of the
book “Better models for development in Delaware,� on September 23. Kathy invited
anyone interested in attending to contact her.
Kathy MacDonough also contacted the League of Local Governments regarding the cost of
Bellefonte’s membership. Kathy reported that the fee is $700 a year, based on Bellefonteâ
€™s population.
Election:
Kathy MacDonough reported that since the last meeting, President Mike McGrath had to have
emergency surgery and had decided to withdraw his name as a candidate for re-election. Since
there were now three candidates for three vacancies, no election was needed. Kathy reported
that Mike is mending and wished him well on his recovery and thanked him for his service as
President. Those attending added their wishes by applause.
Holdover Commissioners Kathy MacDonough and Dave Wishowsky issued the oath of office
to new Commissioners Scott MacKenzie, Wayne Russell Norris, Jr., and Terry Thompson, and
the new Commissioners were installed. Curt Nass was sworn in as Treasurer.
Scott MacKenzie made a motion that Dave Wishowsky should be President. Motion
seconded by Terry Thomspon, and the vote was unanimous.
Kathy MacDonough made a motion that Scott MacKenzie should be Secretary. Motion was
seconded by Terry Thompson. The proceedings were recessed by Mike Wishowsky until
Kathy MacDonough could sign six checks for payment. The meeting was reconvened and the
vote was unanimous.
Dave Wishowsky reported that he, Kathy MacDonough, and commissioner-elect Terry
Thompson met with current building inspector Joe Finocchiaro, Jr., and current plumbing
inspector, Steve Russo, regarding Commission expectations of job performance, improvements
to the system of oversight, and their desire to continue as inspectors for the Commission. They
both agreed to continue as inspectors for the town, and were appointed such by Dave
Wishowsky, with the endorsement of the Commissioners. Dave Wishowsky also appointed
Curt Nass as Tax Collector and Town Assessor. The Commissioners endorsed this
appointment.
Dave Wishowsky announced the formation and restructure of five committees to assist the
Commissioners in the decision making and administration of town business, appointed chairs,
and accepted volunteers from the community to serve on these committees. Each committee
will be chaired by a commissioner with no more than two voting commissioners serving on each
committee. The new committees and their respective composition are:
Committee Chair Membership
Town Services (public safety, streets, lights, trash, beautification) Wayne Russell Norris, Jr.
Kathy MacDonough, Bruce Dunlap [rev. removed Henry Pino]
Charter, ordinances, related laws and regulations Terry Thompson Scott MacKenzie, Sue
Dunn, Beth Maloney, John Esch, and Danielle Lawrence
Town property and facilities Scott MacKenzie Curt Nass and Mike McGrath
Town Planning and Development Terry Thompson Kathy MacDonough and Curt Nass
Community recreation and activities Kathy MacDonough Wayne Russell Norris, Jr., Mike
McGrath, and Rich Mulhern
Terry Thompson made a motion to establish the committees as read, Wayne Russell Norris, Jr.
seconded, and the vote was unanimous. The chairs of each respective committee will contact
the members to set up a meeting in the coming month.
Old Business:
Scott MacKenzie reported that Mike McGrath had followed up on a complaint by the
Simpsons of Chadd’s Ford (owners of 917 Fairview) regarding 913 Fairview, a vacant
property where grass and undergrowth has been allowed to grow unchecked for some time
now. Mike reported that he had phoned Mr. Scott Saunders, owner of record of 913
Fairview, and that there are pending court cases regarding ownership of the property, which he
said will be concluded on September 15. Scott MacKenzie passed photos of the property to
the Commissioners, and made a motion that a letter be sent to Mr. Saunders on September 16
if nothing has been done to correct the condition of the property notifying him that he is in
violation of Ordinance 62-5. The motion was seconded by Terry Thompson and the vote was
unanimous.
Committee Reports:
Board of Adjustment Review committee – Beth Maloney gave a report of a meeting of the
Board of Adjustment Review committee attended by John Esch, Mike McGrath, Beth
Maloney, and Terry Thompson. Their recommendations to the Commission include: 1)
evaluate the composition of the Board of Adjustment and we recommend that it does not
include members of the Commission except for perhaps the president or his/her designee; 2)
increase the fee for appeals of the Board of Adjustment; 3) review and update building
ordinances; 4) review procedures for accountability and fines relating to ordinance issues; 5)
hold monthly meetings of the Board of Adjustments, not necessarily in conjunction with the
town meeting, to be posted on the town intranet (web site); 6) minutes shall be posted; 7) clear
guidelines should be set up regarding adjustments, to include a definition of “hardship.�
Grant Application filed – Scott MacKenzie, chair of the Grants Committee (old committee
structure), reported that a grant application for $24,450 was submitted to the New Castle
County Auditor Robert Hicks. MacKenzie explained that he had contacted Councilman
Robert Weiner of this district regarding support for the grant, which would pay for making
Town Hall ADA complaint and allowing wheelchair access. Renovations planned include
breaking down the curb, building ramps, installing automatic opening door, and installation of a
unisex, handicapped restroom at Town Hall. He reported that we now need to follow up with
other New Castle County councilman to gain support for the grant. This will be done via formal
proposal and personal contact in the coming months. Terry Thompson added that he had
requested that the Building Inspector conduct an inspection of Town Hall and the Day Care
Center. Wayne Russell Norris Jr. requested that fire safety code violations in Town Hall or the
Day Care Center be given priority in the planning for any renovations. (rev)
New Business:
Wayne Russell Norris, Jr. reported that he received a complaint from several of the neighbors
surrounding 1009 Marion Avenue. Apparently, the occupants are placing refuse in drums or
cans in the backyard and not putting it out for collection. Norris made a motion to contact the
property owner in an attempt to resolve the situation and if he was not able, that the
Commission should send a letter to the property owner advising them that they are violating
town ordinances. It was seconded by Scott MacKenzie and passed unanimously.
Terry Thompson and Dave Wishowsky requested that a complaint and ordinance violation
system be set up to track resolution of these issues. Scott MacKenzie, as Secretary, will
assume responsibility for tracking, and Dave and Scott will collaborate on assignment of issues
raised between meetings.
Scott MacKenzie will also assume responsibility for the Town Newsletter and will work with
Mike McGrath on maintenance of the Town website.
Scott MacKenzie introduced a new ordinance, Ordinance 2004-02, 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. MacKenzie made the first and second reading of the proposed Ordinance 2004-
02.
Kathy MacDonough announced that the town newsletter had been printed and that anyone who
wanted to pick up their copy can come forward following the meeting. This issue of the
newsletter will not be mailed.
Public New Business:
Dave Wishowsky opened up the floor to new business from those attending, asking them to
keep their request under five minutes.
Alan Boulden of Claymont, a property-owner in Bellefonte, brought forward a complaint
regarding the condition of a sewer drain and grate at the corner of Bellefonte and Brandwyine.
He stated that the underlayment of the drain is deteriorated and that heavy vehicles like the fire
engines and trash trucks risk severe damage if they drive over them. Kathy MacDonugh recalls
a DelDot project listing the reconstruction of several such drains and will investigate. If this
location is not on the list for reconstruction, Wayne Russell Norris, Jr. will be following up with
DelDot to make sure that this issue is addressed.
Anne Frampton stated that if the prescribed composition of the Board of Adjustments is
changed, a public hearing should be held.
Anne Frampton raised a question about the correspondence sent by the Commissioners (as
mentioned in August minutes) to the law offices of Melvyn Woloshin regarding establishments
serving alcohol in Bellefonte. Terry Thompson read her Ordinance 57-2, amending the Building
Zone Ordinance (1947) and altering the business use permitted, paragraph 11 says:
“Provided, however, with respect to District 1 [Brandywine Blvd. business district – secr.
Note], Section 12 “Business� (and not to be construed as applying to District 2) no
gasoline service station, automobile agency, retail or wholesale, public garage, liquor store,
taproom or any business use where noxious odors, fumes, noises or other unpleasant emissions
from the subject premises are likely to result…�
The Woloshin letter requested information and/or any Bellefonte ordinances regarding the
issuance of a liquor license or the selling of alcoholic beverages in the town. The letter sent to
Woloshin stated that there are no ordinances specific to the granting of liquor licenses but that â
€œtaproomsâ€� and “liquor storesâ€� are specifically banned in the Brandywine
Boulevard business district by Ordinance 57-2 (attached to letter) unless approved by public
referendum (rev). No ordinance specifically mentions the serving of alcohol by restaurants and
the granting of licenses is under the authority of Delaware Alcoholic Beverage Control.
Adjournment:
Terry Thompson moved to adjourn, it was seconded by Wayne Russell Norris, Jr., and passed
to adjourn at 9:13 p.m. The next regular meeting will be held Monday, October 11, 2004 at 7:
30 p.m. at the Town Hall, corner of Marion and Rosedale.
Respectfully submitted,
Scott L. MacKenzie, Secretary
following Commissioners were present: Dave Wishowsky, Kathy MacDonough, and Curt
Nass, as well as commissioners-elect Scott MacKenzie, Wayne Russell Norris, Jr., and Terry
Thompson.
Special Guests:
There were no special guests at this meeting.
Minutes: The minutes of the August 9, 2004 meeting were read. There were no additions or
corrections. Dave Wishowsky moved to accept minutes as read and Kathy MacDonough
seconded. Motion passed unanimously. The minutes to a special meeting on Wednesday,
September 7 were read. There were no additions or corrections Dave Wishowsky moved to
accept minutes as read and Kathy MacDonough seconded. Motion passed unanimously.
Bills: Secretary Kathy MacDonough read the outstanding bills for September. Motion was
made Dave Wishowsky and seconded by Kathy MacDonough to approve payment of bills as
read. Motion passed unanimously. The following bills were authorized for payment:
Waste Management trash $7,851.72
KT&D Insurance bond $199.00
Conectiv street lights $981.74
Conectiv traffic light $47.85
Kathy MacDonough supplies $78.83
Financial Reports: Curt Nass gave the Treasurer’s Report and the Tax Collector’s
Report for the period ending 8/31/04. He also announced that the final payment of $43,738.00
for the Streetscape Project had been paid by the State.
Building and Plumbing Inspectors’ Reports:
There was no Building or Plumbing Inspector’s report for this meeting.
Correspondence:
A letter dated August 16 from Captain Mark Hitch of the New Castle County Police was
received, I response to a letter from Dave Wishowsky asking for more presence by the NCC
police on Brandywine Blvd. and Marion Avenue to help deter speeding. Hitch’s letter
contained a report from June reporting the number of citations given by officers in Bellefonte,
before the Commission authorized the hiring of off-duty officers for designated patrol in
Bellefonte.
A letter was also received from the Delaware Economic Development Council regarding a
workshop on September 23 to be held in Dover. The meeting will be attended by a
representative of the League of Local Governments and reported to the Commissioners.
An invitation was also received to a reception hosted by Gov. Minner for publication of the
book “Better models for development in Delaware,� on September 23. Kathy invited
anyone interested in attending to contact her.
Kathy MacDonough also contacted the League of Local Governments regarding the cost of
Bellefonte’s membership. Kathy reported that the fee is $700 a year, based on Bellefonteâ
€™s population.
Election:
Kathy MacDonough reported that since the last meeting, President Mike McGrath had to have
emergency surgery and had decided to withdraw his name as a candidate for re-election. Since
there were now three candidates for three vacancies, no election was needed. Kathy reported
that Mike is mending and wished him well on his recovery and thanked him for his service as
President. Those attending added their wishes by applause.
Holdover Commissioners Kathy MacDonough and Dave Wishowsky issued the oath of office
to new Commissioners Scott MacKenzie, Wayne Russell Norris, Jr., and Terry Thompson, and
the new Commissioners were installed. Curt Nass was sworn in as Treasurer.
Scott MacKenzie made a motion that Dave Wishowsky should be President. Motion
seconded by Terry Thomspon, and the vote was unanimous.
Kathy MacDonough made a motion that Scott MacKenzie should be Secretary. Motion was
seconded by Terry Thompson. The proceedings were recessed by Mike Wishowsky until
Kathy MacDonough could sign six checks for payment. The meeting was reconvened and the
vote was unanimous.
Dave Wishowsky reported that he, Kathy MacDonough, and commissioner-elect Terry
Thompson met with current building inspector Joe Finocchiaro, Jr., and current plumbing
inspector, Steve Russo, regarding Commission expectations of job performance, improvements
to the system of oversight, and their desire to continue as inspectors for the Commission. They
both agreed to continue as inspectors for the town, and were appointed such by Dave
Wishowsky, with the endorsement of the Commissioners. Dave Wishowsky also appointed
Curt Nass as Tax Collector and Town Assessor. The Commissioners endorsed this
appointment.
Dave Wishowsky announced the formation and restructure of five committees to assist the
Commissioners in the decision making and administration of town business, appointed chairs,
and accepted volunteers from the community to serve on these committees. Each committee
will be chaired by a commissioner with no more than two voting commissioners serving on each
committee. The new committees and their respective composition are:
Committee Chair Membership
Town Services (public safety, streets, lights, trash, beautification) Wayne Russell Norris, Jr.
Kathy MacDonough, Bruce Dunlap [rev. removed Henry Pino]
Charter, ordinances, related laws and regulations Terry Thompson Scott MacKenzie, Sue
Dunn, Beth Maloney, John Esch, and Danielle Lawrence
Town property and facilities Scott MacKenzie Curt Nass and Mike McGrath
Town Planning and Development Terry Thompson Kathy MacDonough and Curt Nass
Community recreation and activities Kathy MacDonough Wayne Russell Norris, Jr., Mike
McGrath, and Rich Mulhern
Terry Thompson made a motion to establish the committees as read, Wayne Russell Norris, Jr.
seconded, and the vote was unanimous. The chairs of each respective committee will contact
the members to set up a meeting in the coming month.
Old Business:
Scott MacKenzie reported that Mike McGrath had followed up on a complaint by the
Simpsons of Chadd’s Ford (owners of 917 Fairview) regarding 913 Fairview, a vacant
property where grass and undergrowth has been allowed to grow unchecked for some time
now. Mike reported that he had phoned Mr. Scott Saunders, owner of record of 913
Fairview, and that there are pending court cases regarding ownership of the property, which he
said will be concluded on September 15. Scott MacKenzie passed photos of the property to
the Commissioners, and made a motion that a letter be sent to Mr. Saunders on September 16
if nothing has been done to correct the condition of the property notifying him that he is in
violation of Ordinance 62-5. The motion was seconded by Terry Thompson and the vote was
unanimous.
Committee Reports:
Board of Adjustment Review committee – Beth Maloney gave a report of a meeting of the
Board of Adjustment Review committee attended by John Esch, Mike McGrath, Beth
Maloney, and Terry Thompson. Their recommendations to the Commission include: 1)
evaluate the composition of the Board of Adjustment and we recommend that it does not
include members of the Commission except for perhaps the president or his/her designee; 2)
increase the fee for appeals of the Board of Adjustment; 3) review and update building
ordinances; 4) review procedures for accountability and fines relating to ordinance issues; 5)
hold monthly meetings of the Board of Adjustments, not necessarily in conjunction with the
town meeting, to be posted on the town intranet (web site); 6) minutes shall be posted; 7) clear
guidelines should be set up regarding adjustments, to include a definition of “hardship.�
Grant Application filed – Scott MacKenzie, chair of the Grants Committee (old committee
structure), reported that a grant application for $24,450 was submitted to the New Castle
County Auditor Robert Hicks. MacKenzie explained that he had contacted Councilman
Robert Weiner of this district regarding support for the grant, which would pay for making
Town Hall ADA complaint and allowing wheelchair access. Renovations planned include
breaking down the curb, building ramps, installing automatic opening door, and installation of a
unisex, handicapped restroom at Town Hall. He reported that we now need to follow up with
other New Castle County councilman to gain support for the grant. This will be done via formal
proposal and personal contact in the coming months. Terry Thompson added that he had
requested that the Building Inspector conduct an inspection of Town Hall and the Day Care
Center. Wayne Russell Norris Jr. requested that fire safety code violations in Town Hall or the
Day Care Center be given priority in the planning for any renovations. (rev)
New Business:
Wayne Russell Norris, Jr. reported that he received a complaint from several of the neighbors
surrounding 1009 Marion Avenue. Apparently, the occupants are placing refuse in drums or
cans in the backyard and not putting it out for collection. Norris made a motion to contact the
property owner in an attempt to resolve the situation and if he was not able, that the
Commission should send a letter to the property owner advising them that they are violating
town ordinances. It was seconded by Scott MacKenzie and passed unanimously.
Terry Thompson and Dave Wishowsky requested that a complaint and ordinance violation
system be set up to track resolution of these issues. Scott MacKenzie, as Secretary, will
assume responsibility for tracking, and Dave and Scott will collaborate on assignment of issues
raised between meetings.
Scott MacKenzie will also assume responsibility for the Town Newsletter and will work with
Mike McGrath on maintenance of the Town website.
Scott MacKenzie introduced a new ordinance, Ordinance 2004-02, 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. MacKenzie made the first and second reading of the proposed Ordinance 2004-
02.
Kathy MacDonough announced that the town newsletter had been printed and that anyone who
wanted to pick up their copy can come forward following the meeting. This issue of the
newsletter will not be mailed.
Public New Business:
Dave Wishowsky opened up the floor to new business from those attending, asking them to
keep their request under five minutes.
Alan Boulden of Claymont, a property-owner in Bellefonte, brought forward a complaint
regarding the condition of a sewer drain and grate at the corner of Bellefonte and Brandwyine.
He stated that the underlayment of the drain is deteriorated and that heavy vehicles like the fire
engines and trash trucks risk severe damage if they drive over them. Kathy MacDonugh recalls
a DelDot project listing the reconstruction of several such drains and will investigate. If this
location is not on the list for reconstruction, Wayne Russell Norris, Jr. will be following up with
DelDot to make sure that this issue is addressed.
Anne Frampton stated that if the prescribed composition of the Board of Adjustments is
changed, a public hearing should be held.
Anne Frampton raised a question about the correspondence sent by the Commissioners (as
mentioned in August minutes) to the law offices of Melvyn Woloshin regarding establishments
serving alcohol in Bellefonte. Terry Thompson read her Ordinance 57-2, amending the Building
Zone Ordinance (1947) and altering the business use permitted, paragraph 11 says:
“Provided, however, with respect to District 1 [Brandywine Blvd. business district – secr.
Note], Section 12 “Business� (and not to be construed as applying to District 2) no
gasoline service station, automobile agency, retail or wholesale, public garage, liquor store,
taproom or any business use where noxious odors, fumes, noises or other unpleasant emissions
from the subject premises are likely to result…�
The Woloshin letter requested information and/or any Bellefonte ordinances regarding the
issuance of a liquor license or the selling of alcoholic beverages in the town. The letter sent to
Woloshin stated that there are no ordinances specific to the granting of liquor licenses but that â
€œtaproomsâ€� and “liquor storesâ€� are specifically banned in the Brandywine
Boulevard business district by Ordinance 57-2 (attached to letter) unless approved by public
referendum (rev). No ordinance specifically mentions the serving of alcohol by restaurants and
the granting of licenses is under the authority of Delaware Alcoholic Beverage Control.
Adjournment:
Terry Thompson moved to adjourn, it was seconded by Wayne Russell Norris, Jr., and passed
to adjourn at 9:13 p.m. The next regular meeting will be held Monday, October 11, 2004 at 7:
30 p.m. at the Town Hall, corner of Marion and Rosedale.
Respectfully submitted,
Scott L. MacKenzie, Secretary