Town Commission Meeting Minutes
October 10, 2005
Call to Order: The Monthly Town Meeting of the Bellefonte Town Commission was
called to order at 7:06 pm. Officers in attendance were Kathy MacDonough, Scott
MacKenzie, Curt Nass, and Dave Wishowsky. Terry Thompson is away on business
but submitted a report of his activities.
Minutes: Scott made a motion to dispense with the reading of the minutes, seconded by
Kathy. The motion passed unanimously. Dave noted a revision on Page 4 of the minutes
in a statement by Tony Bruno, adding that “he knows of at least 3 people who have
had either a heart attack or stroke as a result of the fire siren. Tony Bruno requested
that his statement be revised to say “old guard are gone� instead of “dead,�
as printed in the newsletter. The minutes as revised were approved.
Bills: Scott read the following bills for payment:
Bob Russo Gutters for Town Hall $1,500.00
Michael Perillo Grass cutting 8-20, 9-17 100.00
Delmarva Power Town Hall power 35.86
Delmarva Power Traffic light 40.46
Delmarva Power Street lights 977.74
Scott MacKenzie Stipend, ceasefire ashtray, stamps 123.42
IDS Trash removal 7,252.62
NCC Police services, 8/1-11 642.00
Minster&Facciola, LLC 8/15-9/11 legal services 324.50
New Journal Request for bid ads 28.32
Kathy MacDonough Reimbursement,
newsletter, misc supplies, stamps 332.95
Correspondence: The following correspondence was received since the last meeting:
 A letter from DelDot was received about the State’s Corridor Capacity
Preservation Program. It will be referred to Terry.
 A letter was received from the Delaware Lions Foundation about their “Walk for
Sight� walkathon in Dover on October 16.
ï‚· A letter was received from DE State Housing Authority announcing the availability of
their annual performance report.
 A letter from the DE Insurance Commissioner’s Office regarding a survey to be
completed that will allow residents to purchase flood insurance at a lower cost. Kathy
will research.
ï‚· Dave received an email from a resident on Marion regarding loose dogs and damage
to his garden. He identified the owners of the dogs and discussed it with them.
ï‚· An email was sent to the Commission from DEMA regarding free training for crowd
control, emergency communications, etc.
ï‚· A letter was sent by the Commission to Peter Kostyshyn, regarding telephone
messages left on three Commissioner’s machines on September 21.
Treasurer's and Tax Collector's Report: Curt Nass gave the Tax Collector's Report
for the period ending 9/30/05 with $26,002.23 taxes and $454.81 in prior taxes and
penalties collected. The Treasurer's Report was given, stating that receipts for the month
were $27,851.21 and $10,189.34 in the MSAF account. Total disbursements for the
month were $12,399.49 and $27.00 from the MSAF account with 27.00 in bank fees.
The ending balance in the general account was $112,998.67 and $10,513.92 in the
MSAF account. (MSAF is Municipal Street Aid Fund)
Scott made a motion to accept the Treasurer's and Tax Collector's Reports as read,
seconded by Kathy, and the vote was unanimous.
Committee Reports
Town Services
Only one bid was received for the town’s Snow Plowing contract for winter 2005-
6. Kathy made a motion to accept the bid from Joseph Finocchiaro and Brothers,
seconded by Scott. On discussion, it was noted that the rates were similar to last yearâ
€™s contract, and that the vendor also will provide snow shoveling services at Town
Hall and the Day Care Center. The motion was passed unanimously.
Dave read a report from Terry regarding a discussion with a DelDot official about
responsibility for specific repairs in street maintenance including curb repair and painting,
signage, and sidewalk replacement. Scott suggested that this list should be given to Rep.
Diana McWilliams so that responsibility for these items can be verified.
Charter and Ordinance Committee
Dave read Terry’s regarding current activities in the Charter and Ordinance
Committee, noting that NCC Council passed a resolution on September 13, approving
the NCC Department of Land Use to do code enforcement of Property Maintenance
Codes for Bellefonte. If you have a complaint about a property in town that you think is
a violation of maintenance codes, contact the NCC Complaint Line at 395-5555. It
should be noted that Bellefonte still controls building, plumbing, and zoning permits. Call
the building inspector if you are doing any remodeling, additions, new building, repairs,
etc. or the plumbing inspector if you are doing any type of plumbing work to see if you
need a permit. A list of common situations and who to call for enforcement was printed
in the last newsletter.
NCC Councilman John Cartier added that anyone who calls in a complaint should ask
for a case number so that they can find out if the case is resolved later.
Town Property and Facilities Committee
Scott reported that there were no written bids submitted for replacement of the windows
in the Day Care center, and that one vendor had given a verbal bid. Scott requested that
the bid period remain open until November 11, just before the next Town Meeting. The
bid extension was approved and several members of the audience suggested vendors
that might want to bid on the work.
Scott also announced that the new gutters had been installed on Town Hall and the back
of the Day Care center.
Planning Commission
Dave read Terry’s report on Planning Commission activities, reporting Commission
continued work on the Town Plan and hopes to have the final draft available for public
review by the end of the month. Kathy reported that she had attended the IPA seminar
on eminent domain and that she would prepare a brief for the Commissioners. Kathy
also reported another IPA seminar on October 28. She motioned for $50 each for up to
two people from the Planning Commission to attend this seminar, seconded by Scott,
and approved unanimously.
Community Activities and Recreation Committee
Kathy reported on the upcoming 175th anniversary celebration for Mt. Pleasant
Education, including the reception, the Homecoming Parade and the dinner dance. She
asked that anyone interested in helping her staff an information table or decorate please
contact her. She also reminded everyone that the new Brandywine Hundred East
edition of Community News is now being distributed and that Bellefonte will be featured
in coming editions.
Plumbing and Building Inspector's Reports
Neither Steve Russo nor Joe Finocchiaro attended the meeting and neither submitted a
report. However, Joe Finocchiaro had informed Scott that 913 Fairview had been
issued a permit for renovations and a Certificate of Occupancy had been issued for 1117
Brandywine Blvd. A permit had also been issued for renovations at 1125 Talley Rd.
The Commission asked that Joe investigate the status of permit application at 701 Maple
Avenue and 202 School House Lane.
Old Business
Insurance – Kathy is awaiting a sample policy for liability from KT&D for municipal
official liability insurance.
M. Kostyshyn vs. Bellefonte Town Commission – Kathy said that there had been
nothing to report but that a ruling by the judge was expected soon.
Review of Existing Complaints:
04-12 – 99 Beeson Rd. Dave reports that the agreement between Mr. St. Clair and
Mr. Wierzbowski to correct a drainage problem has fallen apart. Mr. St. Clair said that
he will either be applying for his property to be granted a variance to be converted to
apartments, or that he will be selling the property to the owners of 202 School House
Lane. Dave asked that the issue be referred to Facciolo and Minster to settle the matter
in court.
Dave also reported that he had sent a letter to the owners of 704 Philadelphia Pike (BP
station) regarding maintenance issues on the property and notifying them that New Castle
County will soon be contacted to resolve these issues if they do not act quickly.
New Business
Tony Bruno stated that he would like to set the record straight about what he said at the
last meeting and appreciates the changes made to the minutes. He said that he â
€œwould never wish anyone dead because of an annoying noise.â€�
An attendee who identified herself as a business owner in Town said that some of the
parking problems on Brandywine Boulevard would be addressed if the parking lot next
to Ginger’s was made public. Dave informed her that it had been made public and
that the Commission would be arranging for signs to label it as a municipal parking lot.
She also said that lines painted on the curbs along Brandywine Boulevard would help
people make more efficient use of the parking spaces.
Scott Clouthier, who grew up in Wisconsin, suggested that the town consider an
ordinance making parking alternating between odd and even sides of the street during
winter. This was done in Wisconsin and made snow plowing much easier and more
efficient. He will be suggesting this to the Charter and Ordinance Committee.
Dave noted that issues regarding snow plowing and slippery spots should be addressed
to the Commissioner for Town Services, a position that is currently vacant.
Scott made a motion to appoint Scott Clouthier to the vacant Commissioner’s seat,
seconded by Kathy. On discussion, Scott M. noted that Scott had volunteered his
services for the Planning Commission, where he is an active and contributing member,
and that both Kathy and Terry had endorsed his nomination. Dave asked Scott C. if he
would introduce himself. Scott C. said that he would like to help make Bellefonte a
better place for everyone to live and that he hoped he would not disappoint anyone. A
vote was taken and it was unanimous to place Scott Clouthier into the chair left vacant by
the resignation of Russ Norris, until the end of his term, June 2006. Scott C. was sworn
in as Commissioner and seated.
Councilman John Cartier said that several council members have been arguing for the
County to continue advertising in Community News as it covers more local news issues
than other publications and that he hoped that the residents would support the new
publication by reading it. He also added that he was proud to be the sponsor of the
ordinance for NCC assuming responsibility for Property Maintenance Code
enforcement. He gave a status report about the County’s ongoing Sewer
Renovation Project and added that research is beginning for a storm water upgrade
project.
Miroslaw Kostyshyn asked for the name of the pastor at Wilmington Church of Christ,
saying that he had a property in the apartment district if they were interested.
Curt said that he had received communication from the owner of 706 Philadelphia Pike
about taxes. He wanted to know why the businesses on Philadelphia Pike don’t
receive trash collection. Scott will contact IDS and find out their willingness and will find
out how many of these properties could have their trash collected in a standard
receptacle.
The owners of 810 Brandywine Blvd. said that they had contacted IDS about a trash
receptacle and had not heard back from them. They were given a receptacle to take
home with them. Residents who do not have a receptacle should contact Scott
Clouthier, Commissioner of Town Services.
A question was asked about the status of 811 Brandywine Boulevard stating that there
was general concern about the safety of the structure. These issues should be reported
to the NCC Complaint Hotline at 395-5555, for follow up by NCC code enforcement
officers.
More erosion of curbing was reported along Brandywine Boulevard.
Miroslaw Kostyshyn asked about the report of the case that was in the town newsletter.
He said that the newsletter said that the files for the case were misplaced and that the
Prothonotary’s Office had requested copies of additional materials related to the
case. Kathy explained that it was replacement material for documents already submitted
and not materials in addition to what was already in the file.
Dave called for any other public comment. There being none, Scott made a motion to
adjourn the meeting, seconded by Kathy, and passed unanimously at 9:25 pm.
The next Town Meeting will be held on Monday, November 14, at 7 pm, at Town Hall.
