Minutes-March142005

Call to Order:
President David Wishowsky called the meeting to order at 7:06 p.m. The following
Commissioners were present: Kathy MacDonough, Scott MacKenzie, Curt Nass and Terry
Thompson. Wayne Russell Norris, Jr., was not able to attend.

Minutes:
Since the minutes of the February 14 meeting had been posted on the website, published in
the newsletter, and were available at the meeting in printed form, for purposes of time,
Scott moved, and Terry seconded, that the reading of the minutes be waived. No additions
or corrections were noted. Motion passed unanimously.

Bills:
The following bills were read for payment:

NCC Police Contractual Services activity, $1,326.00
Conectiv Town Hall power, $146.59
Conectiv Street Lights, $981.74
Conectiv Traffic light, $38.37
Waste Management March trash collection, $8,231.35
Scott MacKenzie Secretarial stipend, $66.66
NCC Police Contractual Services Jan-Feb activity, $2,040.00
Kathy MacDonough Aztec newsletter, $112.00
Joseph Finocchiaro & Brothers 2/25 and 3/1 plowing, $3,950.00

Curt submitted a bill received from John Sullivan, Esq. for services rendered in the
formation of the lease agreement for the Day Care Center. Scott asked that this bill be held
until next month's meeting.
A motion was made by Kathy to pay the bills, seconded by Terry, and the vote was
unanimous.

Correspondence:
Scott reported the receipt of the following correspondence:
* A letter was received from Fox-Rothschild law firm asking the Commission to certify that
the parking facilities at Crystal Ballroom comply with parking regulations and are
appropriate for use by the purchaser. Since Bellefonte has no ordinances regarding private
parking facilities, Scott will send them a letter informing them.
* The Commission received an anonymous letter, marked to Terry's attention, regarding the
passage of ordinances and laws. He read it to those attending. The sender questioned the
authority of the Commission to pass laws. It should be noted that the function of a
municipal government is to pass laws and ordinances -- as long as they comply with State
and Federal laws -- and it is the function of courts to interpret the intent of the laws, and the
function of the police to enforce the laws.
* The Commission received a letter from the Brandywine Hundred Fire Company again
stating that they are unanimously opposed to any traffic calming tactics that are proposed,
including speed humps, by DelDot for Bellefonte.
* Several flyers from UDEL Institute for Public Administration (IPA) about upcoming
workshops and seminars including 1) land development administration (referred to Terry,
and Ability/Mobility Design Standards (referred to Scott).
* An invitation was received by Dave from Chris Coons, NCC Executive to a "get to know
you" breakfast. Dave will attend.
* A letter was received regarding the status of Complaint 04-12 about drainage problems at
99 Beeson Road.
* Terry received an email from NCC Councilman John Cartier about scheduling a meeting
with Terry, John Husband, NCC Parks director, and any Commissioners wishing to attend
a meeting to discuss what services NCC can provide regarding Bellefonte Park.
* A letter was submitted by Kathy as sent to Mike DiFonzo regarding construction at 900
Grandview Avenue (tax parcel 1700200232) regarding minimum lot size. Since the parcel
is not being subdivided, Kathy replied that ordinance 91-1 does not apply (min. 6500
sq.ft.) but ordinance 88-1 (min. 40' frontage) does.

Treasurer and Tax Collector's Report:
Curt Nass read the Treasurer's and Tax Collector's Reports for the period ending 2/28/05.
Total receipts for the month were $3,054.45, and total disbursements were $9,707.41.
The ending balance in the Town Account for 2/28/05 was $135,717.32. Total taxes
collected were $1,262.31, of which of $833.27 were current taxes and $429.04 were
previous year taxes/fees. Scott moved to accept the Treasurer's and Tax Collector's
Report, Kathy seconded, and the motion was passed unanimously.

Dave asked Curt to review the current list of accounts for delinquent taxes (more than two
years past due). Curt reported that there are 12 property owners who have delinquent
taxes of more than two years. Scott added that a discussion at the Working meeting
included action steps to collect these taxes, including sending reminders and making phone
calls. A discussion also took place about publishing this list in the newsletter and on the
website, which is done in New Castle County and the City of Wilmington. Dave asked
Curt to send those delinquent a reminder letter and warning them that their names may be
published if they do not pay their taxes.

Committee Reports

Town Services Committee
Russell was not able to attend and submitted no report.

Charter, Ordinance, and Regulation Committee
Terry reported that the Animal Control and Circular ordinance drafts have been completed
and are ready for submission to an attorney for review. He also reported that the new
Building and Plumbing Ordinance had been drafted by John Esch and that it would be
ready for review after the next Committee meeting. He asked Dave to give a status on the
hiring of an attorney to review ordinances.

Terry reported that Danielle Lawrence had resigned her position on the Charter Ordinance
Committee, reported attendance issues with Committee members, and asked for anyone
who would like to volunteer to be on the Committee to contact him.

Terry spoke to Bud Freel of DelDot to find out whether DelDot establishes no parking
zones or municipal government. He was told that the Commission needs to pass no parking
ordinances and that DelDot will post appropriate signage.

Terry introduced and made the first reading of Ordinance 2005-01 - An Ordinance Making
Bellefonte Avenue No Parking from Brandywine Blvd. to Philadelphia Pike. This ordinance
also repeals Ordinance 57-1, which originally prohibited parking on Bellefonte Avenue.
Dave made a second reading of the new ordinance.

Kathy asked if the no parking signs on Bellefonte Avenue will be paid for by DelDot. Terry
said that they requested a list of signage and curb painting to be done in Bellefonte and that
they will assess how much they will do, and how much the Commission is responsible for.

Bruce Dunlap asked about a homeowner on Bellefonte Avenue who has a concrete pad in
the front yard for parking. He was asked if it came into the roadway or blocked traffic and
he said that it did not. Dave and Terry both said that there is no prohibition in Bellefonte's
existing ordinances preventing a parking area in the front of a home.

Ron Schmidt, BHFC fire police officer, asked who was responsible for enforcing the
ordinance.   He is one of the officers responsible for clearing the way for emergency vehicles
and for stopping traffic on Philadelphia Pike during an emergency. Terry answered that
enforcement is the responsibility of NCC police and that any violators of this ordinance
should be reported and ticketed. Schmidt expressed concern about violations that occur
when parents are picking up their children after school and during the carnival. Terry
reported that the carnival committee had been contacted and asked to come to the meeting
to answer questions about the church's plans for controlling this problem. Kathy added that
the principal of the school had sent out a letter to all parents last year asking them to respect
the no parking area on Bellefonte Avenue. Another letter will be sent to the school
following passage of the ordinance at the next meeting.

Dave asked whether the Commission wanted to schedule officers specifically during the
carnival to enforce parking ordinances. Terry asked Dave to find out what additional
policing was being planned by NCC before the Commission decides that issue.

Scott raised the issue of proper coding of violations resulting in Bellefonte not receiving its
portion of the fine. Dave said that he would again address the issue with the Criminal
Justice Center in Dover. Scott suggested that if no satisfaction could be found that we
should ask Rep. Diana McWilliams to intervene and force CJC to comply. The Town is
missing out on these fines which would help offset the cost of additional policing. Dave will
pursue,

Terry reported that he had contacted the legislative attorney through Rep. Diana
McWilliams regarding Bellefonte passing a real estate transfer tax. The attorney said that
we should consult the town solicitor about the proper way to implement a transfer tax.
Dave said that we should just pass the ordinance, place it in legal notices in the News
Journal, and send a notice to the NCC Board of Realtors. Terry said that he is concerned
about proper notice being given and that he would feel better if the process is handled by an
attorney.

The issue of hiring an attorney will be resolved at the next Town Meeting.

Town Property and Facilities Committee

Scott gave an update on the status of the lease negotiations for the day care center.
Negotiations have been transferred to John Sullivan, Esq., and a letter of terms was sent by
Scott to Sullivan. Sullivan reported that several attempts had been made, by fax and phone
calls, and that the tenants have not returned his calls.

Scott said that he had received a report from Keith Crawford, day care center director, that
the building might have termites. He saw tunneling in the wooden windowsill of the kitchen.
The Commission asked Scott to investigate and report back before asking for a termite
inspection.
Scott reported that the Commission had granted temporary public parking on April 10 at the
town lot on Brandywine Blvd. for a special firehouse meeting, as requested by Richard
Perillo, fire association president. As it turned out, the additional parking was not needed.
Dave asked the status of the town parking lot and Scott reported that he would be
reconstituting the Committee in the coming month to resolve this issue. Dave said that he
thought that for the minimal fee being charged at the current time, we should just make the
lot a town parking lot. Dave said that he thought that having a sign saying "Town of
Bellefonte Parking" would do a lot to bolster the image of the town and would be welcomed
by business owners on the Boulevard.

Frank Holodick reported a Lincoln in the town lot that has not been moved for some time.
He said it has expired tags. This will be entered as a complaint for follow-up.

Scott made a motion to add Rich Mulhern as a member and Joe Finocchiaro as an ad hoc
member to the Committee. The motion was seconded by Terry and the motion was passed
unanimously.

Scott reported that he had received a bid from Stein Tree Service for removal of the large
pine tree on the Marion Ave. side of Town Hall as well as removal of a large bough from the
tree in front of Bellefonte Park. He said that he had also contacted Brandywine Tress
Service to ask for a bid on the work, but that they had not submitted a bid. Scott made a
motion to approve $1,025 for this work by Stein and it was seconded by Kathy. On
discussion, Kathy wanted to be reminded why we wanted to have the tree removed. Scott
said that the tree has caused some of the damage to the old roof and that the Building
Inspector said that the roots were very likely undermining the foundation because it is too
close to the building.   Terry said that he would be more comfortable if we had a second bid
for the work. Scott said that he would try to contact another tree service for a bid. Scott
restated his motion to authorize the spending of up to $1,025 for these services with the
lowest bidder, it was seconded by Kathy and approved unanimously.

Planning and Development Committee
Dave spoke first to explain that the Comprehensive Town Plan was not something on
Terry's agenda, nor anyone else six months ago. Bellefonte is engaging in this process
because it is mandated by State law. These plans are mandated so that town's can plan for
development.   Bellefonte is different because there are very few open lots for development.
In our case, the plan is being developed as a foundation for zoning and building laws to
make sure that Bellefonte becomes what its citizens want. The Commission, to a person,
would like to see the character of the town maintained as it is, but it is the decision of all
people in town that determines that, and this was the reason for the survey.

Terry said that we are very different from a town like Middletown that has open land to
develop and can also annex undeveloped land around it. Bellefonte is one of only three
towns in Delaware that do not have a comprehensive plan. This Comprehensive Plan is
supposed to be the foundation for zoning ordinances and codes. If an ordinance is
challenged in court and there is no comprehensive plan, it would be difficult to defend. We
need a Comprehensive Town Plan to act as a guide for the formation of zoning ordinances.
Bellefonte's Comprehensive Plan will encompass development and preservation.

Bruce Dunlap asked how we had escaped the State's attention on this matter for so many
years.   Terry answered that the State had erroneously included Bellefonte in NCC's
comprehensive plan. When Terry began researching zoning ordinances, he discovered the
State's error, and the Town started the process of developing a plan of its own.

Terry added that we would not be eligible for most State grants because we do not have a
Comprehensive Town Plan.

Terry reported that the next step in the process is public forums or workshops that citizens
can attend. In these workshops, the results of the survey will be discussed and people can
offer their opinions about the results and provide insight into the possible reasons for the
results. Two of these workshops have been scheduled for Wednesday, April 27 at 7 pm,
and Saturday, April 30, at 10 am at Town Hall. The public is encouraged to participate in
these meetings.

Inspectors' Reports
Neither inspector was present and no reports were submitted. Scott reported that he had
discussed the process with Joe Finocchiaro and that they would be working together to
develop a computer-based system - modeled after the County's -- which would make it
easier for Joe and Steve to do inspections and provide the Commission with reports.

Scott also reported on a discussion with Joe regarding the property at 1209 Melrose. A
contractor was caught at the property making renovations without a permit. Joe said that he
had told the contractor that no Certificate of Occupancy would be issued for the property.
Scott said that he and Joe would handle this issue and that the house would be posted as
"No Certificate of Occupancy" issued.

Community Activities and Recreation Committee
Kathy reported on the upcoming Bellefonte History Day, scheduled for Sunday, March 20,
1 to 4 pm. Kathy has arranged for Don McKay to set up his extensive collection of town
and fire company memorabilia. Terry will be there with his laptop computer and scanner to
scan photographs and documents so that they can be digitally archived. Kathy made a
motion for up to $50 for supplies, display items and refreshments for History day, seconded
by Terry, and approved unanimously.

Old Business
In answer to an inquiry at the last meeting, Dave reported that two teenaged residents were
arrested in February on drug-related charges.

Complaint 04-06 was reviewed. Mr. Buono, owner of 603 Melrose attended in response
to a letter sent by the Commission. Mr. Buono explained his position and showed a letter
from 2002 in which Rep. Dave Ennis had arranged for the State to correct a drainage issue
coming from his property. Dave explained t him that his recent construction disturbed what
the State had done and that he was responsible for correcting the situation. He also
explained to Mr. Buono that his repouring of a concrete pad required a permit, which he
did not obtain, and that the pad is too close to the property line, as defined by zoning
ordinance. Dave asked Mr. Buono to either attend the April meeting, or send written
evidence that he has contacted Rep. Diana McWilliams about resolving this issue or that he
has a plan for paying for correcting the problem himself. He also asked him to produce
photos that show that the old concrete pad (which was repoured) was already to close to
the property line. Dave warned him that if he could not prove such, that the pad would
have to be removed or cut back to the allowable zoning limits (at least two feet away from
the property line).

Kathy reported that complaint 05-05 had been resolved and that the construction trailer at
Mt. Pleasant Elementary had been moved to another location not in view of the homes on
School Lane.

Curt said that he had received no response from the homeowners at the end of Wynnbrook
and Talley who are not inside Bellefonte town limits.

Dave sent a letter to the property owner of 722-24 Phila. Pike and 99 Beeson Rd.
regarding water run-off from his property (complaint 04-12). The letter gave the owner
until April 11 to produce a written plan for correcting the situation, or to attend the April
meeting to explain what his plans are for correcting the water drainoff onto neighboring
properties on Beeson Rd.

Dave reported that he had received an email from DelDot with the results of the recent
street-by-street surveys about the installation of speed humps. Of the nine streets surveyed,
homeowners on Beeson Road overwhelmingly approved installation of speed humps on
their street and residents of Fairview Avenue south of Marion approved by a large majority
placement of speed humps on their street. The vote was very close on Marion Avenue, but
failed to meet the required 66 percent of responses. Speed humps have been approved
only for Beeson and Fairview. Don McKay said he is "very pleased" with the results.
Terry noted that over 100 people in their Planning Commission Surveys had mentioned the
word "speeding" as a concern.

New Business

Scott read a News Journal article reporting that the Brandywine Hundred Fire Company
had received a grant of $316,026 from the Department of Homeland Security. Dave
offered his congratulations, on behalf of the Commission, to BHFC.

Kathy read and motioned a resolution acknowledging Mrs. Frances Busler, Bellefonte's
oldest living resident.

Scott introduced Resolution 05-01 - Against the Proposed BP Liquefied Natural Gas
Terminal in the Delaware River. The resolution was read by Scott, seconded by Terry, and
approved unanimously. The signed resolution will be sent to Rep. Diana McWilliams.

Dave reported that he will make sure that Facciola & Minster submit a bid for legal work
before the next Town Meeting.

Dave reported that he had received three requests for stop signs: 1) On Beeson at the
intersection with Wynnbrook, 2) On Rosedale at the intersection with Highland Avenue, and
3) On Grandview at the intersection with Highland Avenue. He asked that anyone who has
concerns about an intersection and would like to request a stop sign to contact him.

Scott raised the issue of whether or not the Commission has appropriate liability insurance
on Town Hall, the day care center, and the park. Kathy will take responsibility for
contacting the agent and having the needs assessed. These figures will be needed for
formation of the new budget.

Dave announced that the Bellefonte Town elections are to be held on Tuesday, June 7 as
required by the Town Charter. So that the Board of Elections has time to prepare ballots
(30 days) and to schedule voting machines, anyone interested in running for election as
Commissioner must register to be in the ballot by May 1. Registration is now open.
Anyone interested should contact Scott for a registration form. There are two seats on the
Commission that will be filled by this election.

New Business - Public

The question of sidewalk maintenance was addressed. Residents and business owners who
have sidewalks are responsible for maintenance for the sidewalks.   Scott asked a question
on behalf of Russell about a resident who removed a section of sidewalk rather than
replacing it. Dave will investigate and possibly send the property owner a letter informing
them of their responsibility.

Scott made a motion to adjourn the meeting, Kathy seconded and the meeting was
adjourned at 10:15. The next Town Hall meeting will be held on Monday, April 11, at 7
p.m., Town Hall.

Respectfully submitted,

Scott MacKenzie
Secretary