Town Commission Meeting Minutes
September 12, 2005

Call to Order: The Monthly Town Meeting of the Bellefonte Town Commission was
called to order at 7:05 pm.  Officers in attendance were Terry Thompson, Scott
MacKenzie, Curt Nass, and Dave Wishowsky Russ Norris did not attend.

Minutes: Terry made a motion to dispense with the reading of the minutes, seconded by
Dave. On discussion, Dave said that the full minutes are on the town website, copies are
here at the meeting, and a summary of the minutes is in the newsletter every month.  The
vote to approve the motion was unanimous.  Kathy requested that two revisions be made
on page 4, correction the addresses of 704 Marion and 909 Grandview.

Bills: Scott read the following bills for payment:

Vendor Description Total due
IDS Sept trash 6,969.24
Minster&Facciolo, LLC July activity 2,807.00
Security Instrument Corp DC annual alarms system inspection 219.00
Delmarva Power Street lights 976.20
Delmarva Power Traffic light 41.75
Delmarva Power Town Hall 37.71
Police Contractual Services 7/12-7/28 720.00
Russo Bros., Inc. Day Care sewer cleanout 225.00
Scott MacKenzie Secretarial stipend 50.00
Kathy MacDonough Recycling bulletin-75.00, Copies KTD - .90 75.90
Terry Thompson Misc forms - inspection 198.80

Correspondence: The following correspondence was received since the last meeting:
ï‚· Terry reported that we had received a letter about "right of way" from DelDot
requesting approval from landowners for placement of town "welcome" signs.
ï‚· Terry reported a car towing a racing boat that had  a "train whistle" blowing it while
going through town during the day on Sat., 9-10 and Sun at about 2 a.m.
ï‚· An anonymous complaint was received regarding a loud party at 810 Brandywine
Blvd.  Disorderly complaints should be reported to NCC Police.  Loud noise after 10
pm during the week and after 11 pm on Friday and Saturday night are violations of NCC
Noise Ordinance and should be reported to NCC Police.
ï‚· Kathy received a call from the Sellers Senior Center inquiring whether their can
collection program would interfere with the town's recycling program.  She thanked them
for the courtesy and assured them that as long as they were recycled it didn't matter how
they were collected.  If you participate in a recycling collection program that raises funds,
please continue to do so.
ï‚· An email was sent regarding the lack of a stop sign at Euclid and Highland.  This was
added to the list Terry is keeping for DelDot's attention.
ï‚· Dave reported that he had hand delivered a letter to the operators of the BP Station
regarding placement of signs on the sidewalk that obscure the view.  The operators
removed the signs.
ï‚· Kathy reported that she had received an email reporting that a partially-dead tree at
1223 Rosedale had fallen on the fence of a neighbor.  Issue will be referred to NCC
complaint hotline for property maintenance.
ï‚· A resident sent an email reporting a deteriorated curb at 1111 Brandywine Blvd., for
referral to DelDot.
ï‚· Kathy reported receiving an email from a resident who would like to opt out of printed
newsletters and would like to receive them via email.  Scott will address.
ï‚· The resident of 704 Marion called about additional recycling supplies.  Kathy will
notify the resident that  additional supplies are available by calling or emailing DSWA.
ï‚· A resident called to complain about gas powered scooters being used late at night.  
This should be reported to NCC Police.  Scott noted that they are illegal on the road by
DE State law and off road by NCC ordinance.  No mater what time of day, they should
be reported to NCC police.
ï‚· The Commission received an invitation from the Institute for Public Administration at
Udel to attend a seminar in Dover on Thursday, 9-29-05, regarding land use and
"eminent domain."
ï‚· Scott reported a letter from Comcast noting a channel change.
ï‚· Scott reported the receipt of a "coffee table book" Enhancing Delaware's Highways
from DelDot about the horticultural plantings along DE's highways.  Scott said that if
anyone wondered why DelDot hasn't been able to budget for road repairs they should
look at this book.
ï‚· Scott said that we had received a letter from Brandywine Hundred Fire Company
stating they need to use the siren to notify members and the community, that paging
systems do not always work, That the large majority of residents do not mind the siren,
and that Pres. Richard Perillo is not a member of the BHFC/Town Relations Task
Force.  Terry expressed disappointment that the BHFC is withdrawing from attendance
at Task Force meetings because there were many other issues on the agenda including
working jointly to plan activities and to obtain needed funding for BHFC.
ï‚· Scott reported the receipt of a binder from FEMA detailing flood action plans for all of
NCC.  It arrived 4 days after Katrina struck New Orleans.
ï‚· A notice was sent by FAA about a hearing at BHS on 9-21 at 6:30 regarding the
environment impact study for expansion of Philadelphia International.
ï‚· Dave reported that he had received an email from Commissioner Russell Norris
announcing his resignation from the Commission effective on 9-16-05.  Dave said that
anyone interested in filling the vacancy should contact a Commissioner to be considered.
ï‚· An invitation to a seminar on business development on 9-7 was sent by the DE
Economic Development Office.  Because it was incorrectly addressed, it arrived after the
seminar took place.  A survey on business development was sent by IPA.  Terry will
respond for the Commission.

Treasurer's and Tax Collector's Report: Curt Nass gave the Tax Collector's Report
for the period ending 8/31/05 with $18,398.02 taxes collected.  The Treasurer's Report
was given, stating that receipts for the month were $19,873.80 and $0.71 in interest in
the MSAF account.  Total disbursements for the month were $11,537.27 and $27.19 in
bank fees from the MSAF account.  The ending balance in the general account was
$97,513.95 and $351.58 in the MSAF account.  (MSAF is Municipal Street Aid Fund)

Terrry made a motion to accept the Treasurer's and Tax Collector's Reports as read,
seconded by Kathy; on discussion Kathy asked if the day care center rent was current
and Curt answered "yes."   The vote to approve the reports was unanimous.

Committee Reports

Town Services
Russell having resigned leaves the issue of the snow contract not dealt with.  Scott will
prepare scope of job specifications and, after Commissioner approval, post it on the
website.  Kathy will arrange an ad in the News Journal advertising the request for bid.  
Scott will also send notices of the bid to at least 4 randomly selected vendors, including
last year's contract holder.
Scott announced that four trash receptacles had been delivered for three residents on
Beeson and one on Marion.  He will be ordering more to fill a request from a new home
on Grandview.

Dave repeated that any street light outages should be reported by residents, not called
into Commissioners.  DPL needs the pole number and the address closest to the outage.
Russell did not arrange for installation of the two remaining old-style street lights on
Brandywine Blvd. in front of Russo Bros. Plumbing.  Kathy volunteered to follow-up and
make arrangements for the purchase and installation.

Charter and Ordinance Committee
Terry reported that he had received the inspection forms and reports he ordered from
IBC and that he was working to integrate these forms into the procedures for the new
Bellefonte Building and Plumbing Ordinance.  Dave gave the third and final reading of
Ordinance 2005-02, the Real Estate Transfer Tax Ordinance.  Terry, sponsor of the
original reading, motioned to amend the ordinance to give it an effective date of October
1, 2005, and Scott seconded.  On discussion, Dave explained that the town attorney is
working to establish the procedure with County and State officials.  He also
acknowledged that Bellefonte is probably the last incorporated municipal government to
enact such a tax.  The motion passed unanimously with an effective date of October 1,
2005.  Any property being sold which has a legally-binding agreement of sale before that
date will not be effected.  After that date, all property transferred in Bellefonte will be
subject to a tax of 1.5 percent, the same as in unincorporated New Castle County.  Curt
Nass, Town Treasurer, will collect the tax until a process has been established with the
New Castle County Recorder of Deeds.

Scott will send a notice to the NCC Board of Realtors for their member newsletter.

Town Property and Facilities Committee
Scott reported that he had received two bids on new gutters for Town Hall and was
awaiting a third.  Two of the vendors were recommending larger gutters and downspouts
to accommodate the pitch and size of the roof.  Scott made a motion to increase the
$1,350 appropriation made last month by $150 to allow for this.  Dave asked if Scott
wanted to name the contractor in the motion and Scott said that he wanted the discretion
to chose the contractor depending on who could do the job sooner.
Scott also reported that he would be putting replacement of the windows in the day care
center out to bid.  Scott will use the web site to post it and piggyback on the ad for snow
plowing in the News Journal.

Planning Commission
Terry reports that the Planning Commission draft report is approximately half completed.  
He estimates that the draft will be ready for review by Planning Commission members in
October.  Terry made a motion for up to $80 for a member or members of the Planning
Commission to attend an IPA seminar on eminent domain, seconded by Kathy and
approved unanimously.  Scott suggested that we authorize additional funds for mileage
and tolls.  Terry said that he would tell attendees to track their mileage for reimbursement.

Community Activities & Recreation
Kathy reported on the 175th anniversary celebration of Mt. Pleasant education.  There
will be an alumni reception on 10/14, and a Homecoming Parade and football game on
10/15.  Because of the many activities surrounding this event, Kathy is not recommending
we pursue a Town hall open house.  She said that anyone interested in volunteering or
attending these events can contact her or visit the event web site at www.mphsknights.
com/175.  She said that she had investigated more permanent banners and poles for the
street lights on Brandywine Boulevard, but that they were to expensive to justify at this
time.  She made a motion to appropriate $200 for a banner and decorations for the
lampposts for Homecoming Day, seconded by Dave, and approved unanimously.  Kathy
said she would be holding a meeting with the Activities Committee and that anyone who
wanted to help her with an information table at MPHS on 10/15 should contact her.

Plumbing and Building Inspector's Reports
Neither Steve Russo nor Joe Finocchiaro attended the meeting and neither submitted a
report.  Joe Finocchiaro reported that he had met with Rev. Gwynne of the Wilmington
Church of Christ at 2020 School House La.  Scott reported that Joe was told by the
pastor that they are not planning any major renovations.  Joe explained to the pastor that
plans and a permit were required for any alterations and that he should contact him with
full details.

Old Business
Insurance – Kathy met with Jack Lance of KT&D Insurance regarding liability
insurance and public office liability insurance. Kathy clarified that the Building Inspector
and Plumbing Inspector are covered under the Commission's worker's compensation
policy.  Kathy made a motion to appropriate $955 for property liability insurance for
town property, and $703 for public office liability insurance.  These fees include an
increased assurety bond for the Treasurer.  Terry seconded and the vote to approve was
unanimous.  Kathy added that a simple application needed to be completed to increase
this coverage and that KT&D probably had the information needed to complete the
form.  Scott voiced his concern that the personal injury insurance is inadequate for the
park, especially if the park is renovated according to the NCC Parks and Recreation
Dept. plan.  Dave agreed that it seems low, even though the agent recommends this level.
Scott said maybe we could check with NCC to see how much insurance they carry for
parkland.

Kathy gave an update on Kostyshyn vs. Bellefonte Town Commission and reported that
the Prothonotary's Office had notified our attorney that the file had been lost or
misplaced, and that they had requested additional copies of certain documents related to
the case.

Kathy also reported that Peter Kostyshyn has filed in court to modify the terms of his
parole which prohibit him from entering Bellefonte.  If anyone would like to make a
declaration to the judge who will be hearing the case, contact Kathy or Dave.  If anyone
sees a suspected parole violation, contact NCC Police or Mr. Kostyshyn's parole
officer, Amy Miller at 577-3443.

Review of Existing/Old Complaints:
04-06 – 603 Melrose.  Price breakdowns for correction of drainage problem. Dave
will send letter to Mr. Bouno advising him of the cost and seeking an alternative solution.  
Curb and gutter alterations are already being done by DelDot.
04-09 – 1103-5 Monterey Place.  Dave spoke to Mr. Leo and he will take care of
weeds on his property, but the issue of drainage from adjoining BP station will be
referred to NCC Conservation District. (See 04-10 related complaint).
04-10 – 704 Phila. Pike.  The ongoing problem of noise, weeds, drainage, and
property maintenance will be handed over to NCC when they assume property
maintenance code enforcement in September.  The drainage portion of the problem will
be referred to the NCC Conservation District. Dave will send letter to landowners of BP
Station.
04-12 – 99 Beeson Rd. Mr. Wierzbowski and Mr. St. Claire have come to agreement
about steps that Mr. W. will take to attempt to correct the drainage issue.
05-06 – 700 Brandywine Blvd. This ongoing issue will be referred to NCC for
property maintenance enforcement in September.
05-17 - 1117 Highland Ave. - land has been regraded.  Follow-up complaint by email
regarding grass cutting.  Scott will have Joe F. follow-up with builder. Grass was cut by
owner.
05-19 - 913 Fairview - Property detailed renovations to J. Finocchiaro and was issued a
permit for work.
05-22 - 1201 Brandywine - complaint about condition of garage and premises.  Will be
referred to NCC in September.
05-24 - 603 Maple Ave. - Kathy notified tenant and abandoned car was removed.
05-26 - 1026 Brandywine Blvd. - neighbors filed complaint with Joe F. about untagged
car on property and selling of used cars taking place out of this house (violation of Zoning
Ordinances).  Letter was sent to property owner.  If any more cars for sale appear,
residents are asked to report it immediately to Scott.
05-27 - 1202 Brandywine Blvd. - resident reported deteriorating curb.  Will be placed
on DelDot project list.  Closed.
05-28 - 1121 Rosedale Ave. - owner is not cutting grass around edge of property.  
Scott will send letter to owner.
The Commission will be compiling a list of outstanding Property Maintenance issues to be
turned over to NCC following the NCC Council's adoption of Ordinance 05-90, taking
over this function for Bellefonte (scheduled for 9-13-05).
Steve Russo of Russo Brothers at 912 Brandywine Blvd. reported at the last meeting that
he did not receive a trash receptacle from IDS.  Neither did three Beeson Rd.
properties.  IDS delivered trash receptacles for these four residences. Kathy reported
two more residents that do not have trash receptacles.  Scott will contact IDS and make
arrangements.
Board of Adjustments - The current composition of the Board of Adjustments was
discussed.  Since DE code names the town solicitor as a standing member of the Board
of Adjustments, Dave will check with Dave Facciolo and see if he would be willing to
serve, and ask Finocchiaro to step down.  Dave as president of the Commission would
also be a standing member as long as his term lasts, and Kathy MacDonough continues
as the third member of the Board of Adjustments.  Kathy was appointed in April 2004
and will remain on the Board for a three-year term.  There are currently no cases
awaiting review by the Board.  They will convene as needed.

New Business (Public):

Tony Bruno of 1102 Grandview, former president of the Commission, asked to address
several issues.  He said that he is not surprised by the letter from Brandywine Hundred
Fire Company withdrawing from participation on the Task Force.  He stated that, in his
opinion, siren would continue to blow until all of the "old guard" in Bellefonte are dead.

He raised the issue of barking dogs and what to do about them.  Dave said that the NCC
Noise Ordinance deals with barking dogs.  If dogs bark for 10 minutes straight or
intermittently for 30 minutes, they are considered a noise violation and it should be
reported to the NCC Police using the non-emergency number (395-8171).

Finally, Bruno wished to address the current drive to prevent Donna Rego from receiving
a liquor license for Bellefonte Café.  He said that these people are "anti-business"
crusaders who don't want anything to change in town, including the fire siren, and have
never even been inside the Bellefonte Cafe.  He suggested that the president of the
Commission perform same-sex marriages at Town Hall, since the town needs the
revenue anyway.  He said that this would keep the "crusaders" busy for awhile.

John Cartier, NCC Councilman spoke about the County's plan for Bellefonte Park.  He
said that it is ready for presentation to the Commission and he would arrange for Wayne
Zotsky, the designer, to attend to show the plans.  He said that the park redesign had a
price tag of somewhere in the area of $140,000.  Cartier also gave an update on the
Coast Guard's disposition of the Bellefonte Lighthouse.

State Rep. Diana McWilliams spoke about the fire siren and said that her office had
attempted unsuccessfully to find out some information about decibels and range from the
DE State Fire Association.  She said that she had, however, discovered that there are
ongoing issues with the dependability of electronic devices for emergency responders.  
She said that she is prepared to continue to try to assist with the issue.  Diana said that
there is grant money available for parks and that she would look into possible sources, as
well as trying to identify funding from corporate neighbors like DuPont.  She reported
that the Weldin House had been sold and that settlement was to occur within the month.  
The buyers are planning office space that includes a community room.  The development
will maintain the architectural and historic nature of the property.  She said that her office
would be sending information to the Commission about tax credits for seniors and other
news clips on items of interest for our use on the newsletter.

Dave called for any other public comment.  There being none, Kathy made a motion to
adjourn the meeting, seconded by Dave, and passed unanimously at 9 pm.  Dave ended
with a reminder to clean up after your pets - as a courtesy to your neighbors.

The next Town Meeting will be held on Monday, October 10, at 7 pm, at Town Hall.