Town Commission Meeting Minutes
November 14, 2005
Call to Order: The Monthly Town Meeting of the Bellefonte Town Commission was
called to order at 7:02 pm. Officers in attendance were Kathy MacDonough, Scott
MacKenzie, Curt Nass, Terry Thompson and Dave Wishowsky.
The regular agenda was suspended to see a presentation of the design proposal for
Bellefonte Park by Wayne Zosky, landscape architect for the NCC Department of
Recreation. Mr. Zosky stated that the estimated cost of the project is $142,000, which
includes the cost of all elements, including fencing, gazebo, pergula, sidewalks, childrenâ
€™s gym equipment, plants and trees. Dave thanked Mr. Zosky for his work in
developing the plan and the regular meeting resumed.
Minutes: Scott M. made a motion to dispense with the reading of the minutes and to
approve the minutes as distributed, seconded by Scott C. The motion passed
unanimously.
Steve Russo requested that he be allowed to present the Plumbing Inspector’s report
since he had another appointment.
Plumbing and Building Inspector's Reports
Steve Russo reported that he issued 4 permits, two for water heaters and two for heaters,
for a total of $200.00.
Scott M. submitted the Building Inspector’s report for Joe Finocchiaro, including
activity for September, October, and November (to date). Joe issued a Certificate of
Occupancy to Cynthia Anker and Mike McGrath for 1117 Brandywine Blvd. A permit
was issued for an addition at 1103 Prospect Ave. and a sunroom for 309 Bellefonte Ave.
Bills: Scott read the following bills for payment:
IDS October trash collection 7,252.62
Minster&Facciolo October legal services 810.50
Delmar Pest Control Annual termite warranty 229.00
Delmarva Power Street lights 977.74
Delmarva Power Traffic light 42.61
Delmarva Power Town Hall power 37.24
New Castle Co Police: 10/5-10/14 642.00
New Castle Co. Police: 9/10-9/21 321.00
New Castle Co. Police: 9/24-9/30 642.00
Scott MacKenzie Stipend: 50.00
Reimbursement: postage, 40.50,
Off. Supplies, 72.48, Lowes, 21.90 184.97
Kathy MacDonough Reimbursement:
Fall event supplies, 206.93,Conf. Fee, 50.00,
Newsletter, 150.00, postage, 13.69 420.62
Janet Densmore, CPA Annual Audit 2004-5 2,200.00
Jim Paradise Conf. Fee, 50.00, mileage, 27.60 77.60
Delmar Pest Control
Pest spraying, inv. 8683, 9123, 9124 105.00
Scott M. made a motion to pay the bills as read, seconded by Kathy, and approved
unanimously.
Correspondence: The following correspondence was received and/or sent since the last
meeting:
ï‚· Dave received a letter from NCC Office of Emergency Management offering a briefing
on 11/22 for disaster mitigation at Elsmere Fire Hall.
ï‚· Scott C. received an email inquiry about large item pickup by IDS. Scott said that one
large item is permitted every week, and that a receptacle and up to three bags of yard
waste will be accepted each week. Anything more will be assessed an additional charge.
IDS also will take tree limbs as long as they are cut to a length of 5 feet and wrapped in
manageable bundles.
ï‚· Scott reported that we had received our copy of the Legal Notice from the News
Journal (11/03)
 A notice was received from DNREC regarding the State’s proposed change to
regulations regarding accidental release of toxins into the environment, bringing them in line
with Federal standards. A hearing has been scheduled for Monday, 12/05 in Dover.
Written comments regarding this change can be made to: Jay Brabson, DNREC –
Emergency Prevention & Response Branch, 715 Grantham Lane, New Castle, DE 19720.
 A statement of the account balance in the Town’s postal permit was received from
the Post Office.
ï‚· A letter was received from BHFC on 10/14 requesting use of Bellefonte Park for a
demonstration on 10/15.
ï‚· Dave reported that he received another voice message from P. Kostyshyn tonight
before the meeting. He said that it was very long and that he had not yet listened and
transcribed the message.
ï‚· Scott reported that a letter was sent to Rev. Gwynne at 202 School House Lane by
Joe Finocchiaro informing him that the staircase added to the property required a permit
and that it did not meet code. The letter was mailed on 10/19 and ordered the staircase
be removed in 30 days, or that he should contact Joe to discuss the deadline. The
staircase has not been removed and he has not contacted Joe. Scott will send another
letter informing Rev. Gwynne that daily fines will begin to accumulate effective 11/21.
Treasurer's and Tax Collector's Report: Curt Nass gave the Tax Collector's Report
for the period ending 10/31/05 with $46,995.86 taxes collected. The Treasurer's Report
was given, stating that receipts for the month were $48,478.43 and $19.68 in the MSAF
account. Total disbursements for the month were $9,745.92 and $1,046.23 from the
MSAF account with 28.03 in bank fees. The ending balance in the general account was
$151,731.18 and $9,487.37 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 Terry, and the vote was unanimous.
Curt reported that he had investigated area banks and recommended moving the Townâ
€™s account to PNC, which paid the best interest on checking. Kathy asked if PNCâ
€™s were similar. Curt said that they were all comparable. Scott made a motion to
authorize Curt to move the Town’s accounts to PNC Bank, seconded by Terry, and
passed unanimously.
Scott M. requested that the floor be offered to NCC Councilman John Cartier. Cartier
noted that he saw the feature article on Bellefonte in the Brandywine Hundred East edition
of Community News. He said that local interest stories like that one are good for the
town and for Brandywine Hundred and he encouraged residents to read the paper and to
patronize advertisers. Cartier reported that he was pleased to report that the County
ordinance assuming responsibility for Bellefonte’s Property Maintenance Code
enforcement was adopted and that the County was working on several complaints
already. He said that he would ask his aide to forward monthly activity reports to the
Commission. He also said that he was pleased that the County Department of Parks and
Recreation had developed the plan for Bellefonte Park. He said that he looked forward
to working on many future projects, in collaboration with the Commission that will
improve the quality of life for the residents. Cartier said that work is proceeding with
sanitary sewer reconstruction and that a feasibility study is underway regarding
improvements to the storm water sewer system. He is traveling to North Carolina to look
at a state-of-the-art system there that was recently constructed. He reminded residents
that he has “open door� hours at his office if anyone wants to discuss something
with him, they can reach him at 395-8368.
Kathy asked Cartier about the RV/boat storage codes that were recently reported in the
News Journal. Cartier reported that enforcement of those specific codes has been
suspended until the Council can draft revised codes that will work in New Castle County.
Scott M. noted that there had been several articles in the News Journal recently about
County and State support for emergency services, including a proposal to assess all
property owners a fee for fire fighting services. Scott asked Cartier if there had been any
discussions about this at the County level. Cartier said that those suggestions about
funding came from Claymont Fire Company and that no discussions have yet taken place
in Council regarding this proposal.
Committee Reports
Town Services
Scott C. reported that he had done an audit of street lights (76) and storm water drains
(142) in town. Scott C. reported that he had reported two street lights out to DPL which
have already been fixed.
Scott C. reported that he had investigated IDS policies on yard waste. He says that IDS
will take up to three bags of yard waste per week, in addition to the approved receptacle.
They will also take tree limbs and branches as long as they are cut to less than five feet in
length and in manageable bundles. Scott C. reports that DE Solid Waste Authority
(DSWA) has a green collection service to collect yard waste. The service is available for
$3 per month per household and biodegradable bags are included in the service. Scott C.
also reported that he had investigated special electronics and household chemical
collections with IDS. There are limits to the materials that can be collected and will be
priced as special pickups.
Scott C. reported that he had received usage reports from DSWA about Bellefonte’s
recycling program, now just over two months old. DSWA considers resident
participation “average to above average.� The last reporting period in November
shows 309 households putting out 3,000 lbs. of recyclables. This is about 60 percent of
Bellefonte’s households participating.
Charter and Ordinance Committee
Terry was not able to attend the last meeting of the Charter Ordinance Committee, so
Scott M. reported on activities. Scott M. said that he and Scott C. met on 11/17. They
discussed revision of the existing Trash Ordinance, 62-4. Scott M. said that after
discussion, there were too many questions that needed to be answered before revising the
existing ordinance including: what do Property Maintenance codes say about trash, how
many problems are there for our contractor (IDS), will NCC Police pursue “theft of
service� issues if people bring trash from outside of Bellefonte into town for
collection? Further, do we need to make recycling mandatory if participation rates are
satisfactory.
Terry said that he does not think we need to make recycling mandatory if participation
rates continue to be as high as they are. He said we will continue to watch trends and only
make it mandatory if usage rates decline. He also said that we can have the answers to
many of these questions and can continue with the revision of the ordinance next month.
Scott M. motioned to permanently place Scott C. on the Charter Ordinance Committee,
noting that John Esch has been unable to attend meetings recently, seconded by Terry,
and approved unanimously.
Town Property and Facilities Committee
Scott reported that the furnace at Town Hall has been inspected and cleaned under our
contract, and that the boiler at the day care center had a minor repair made. Scott said
that we had received two bids on window replacement at the day care center, one from
CCI for $12,100 and one from Delaware Siding Company for $11,392.87. CCI did not
specify the manufacturer of the windows, but Delaware Siding named Simonton as the
manufacturer for their bid. A member of the audience stated that he is a contractor and
has used Simonton before and that they are very good windows. Scott M. made a motion
to appropriate up to $11,500 for installation of new replacement windows in the day care
center by Delaware Siding Company, seconded by Terry, and the motion was passed
unanimously. Terry asked if Delaware Siding would be able to do installation on the
weekend or off -hours when day care operations would not be effected. Scott M. said he
will try to make arrangements for installation that will be agreeable to both parties.
Scott M. motioned to approve up to $50 for the purchase of a coffee urn and supplies for
coffee and tea for Town Hall activities and meetings, seconded by Terry, and the motion
passed unanimously.
Planning Commission
Terry apologized that he had underestimated the time needed to complete the draft
Comprehensive Plan. The final plan will be about 66 pages, of which 44 are done. He
said that a draft will be completed and ready for review at the December 12 Town
Meeting.
Community Activities and Recreation Committee
Kathy reported that a planning meeting had been held on 11/12 to discuss activities for the
holidays. The following events are planned: On 11/19, lampposts on Brandywine Blvd.
will be decorated; on 11/25 Town Hall and the tree will be decorated; on 12/2, Bellefonte
will be participating with the Art Loop and Town Hall will be open for several local artists
to display their works; on 12/10 the Town Hall Open House and Tree Lighting will take
place.
To promote the event, an ad will be placed in Community News, a postcard will be sent
to all residents, and Kathy will try to get Boulevard businesses to co-op the mailing and
offer a discount coupon for residents.
Kathy made a motion to appropriate up to $2,000 for ads, printing, postage, decorations,
supplies, food and beverage, for these events, seconded by Scott C. and passed
unanimously.
Kathy announced that two longtime residents recently passed away and that she wanted
to begin to send sympathy cards on behalf of the Commission, as well as list them in the
newsletter. She also said that she would like to announce births and other community
news in the town newsletter. She asks that residents help her by notifying her when
significant life events occur.
Old Business
Insurance – Kathy received a letter and email in response to her email to KT&D. The
letter stated that a key member of their staff had passed away several months ago and that
many acknowledgements were not sent for that reason. Scott M. stated that he was
completely done with KT&D and that the issue of insurance had now been ongoing for
almost one year – obviously they do not value the business with the Town. Scott M.
suggested George Weiner, another reputable insurance broker in Wilmington, to replace
KT&D. The Commission agreed that we should approach Weiner for a quote on policies
needed.
Scott M. reported that four outstanding Property Maintenance code violations/complaints
had been transferred to NCC Department of Land Use Complaints Hotline today. They
all have been assigned tracking numbers and Scott will report on them at future meetings.
Residents are encouraged to report suspected violations directly to NCC Complaints
Hotline by calling 395-5555. Do not call the Commission to file these complaints, call the
County Complaints Hotline directly.
Terry received a complaint via email regarding construction materials being brought from
another location for pickup at 603 Maple. Scott noted that Russ had discussed this with
the property owners before. A warning letter will be sent to the property owners with
Ordinance 62-4 enclosed.
New Business
Mr. Wierzbowski asked what the status was on the water drainage complaint from 101
Beeson. Dave told him that the matter was referred to the town’s attorney for
resolution. Mr. Wierzbowski said that he was willing to do something to resolve the
situation, but that he didn’t know what to do. He asked Dave if he thought that Mr.
St. Clair would talk to him about resolving the problem. Dave encouraged him to discuss
the matter with Mr. St. Clair.
Scott C. said he had been contacted by DSWA to ask representatives from the
Commission to attend a press conference on 11/15 to honor Bellefonte and other
municipal governments for their participation in the curbside recycling program. To thank
the town for its participation, DSWA will be presenting the Town with a park bench made
from 1,200 recycled plastic milk jugs. Kathy and Scott will attend.
Scott C. asked Penny Hill Landscaping for a quote to clear away leaves and debris from
storm water drains. The bid would include clearing away all debris in the proximity of the
drains, making two passes through town in a two week period, and dispose of leaves, for
$3,408.00. Scott C. made a motion to appropriate $3,408 for drain cleaning. Scott
seconded. On discussion, concerns about the motion included no competitive bid, the
need for this service, and whether the County should or could provide this service. The
motion was tabled. Scott also reported that it would be one to two weeks for Deldot to
clear a drain, should a problem occur. In light of this, Scott C. asked that residents to
their part to help keep stormwater sewer grates clear so that a problem can be avoided
this winter.
Scott C. reported that a representative from Verizon made a presentation at the
Commission’s October Working meeting. Verizon will begin installing a fiber optic
network to residential customers in the first quarter of 2006. Verizon has already done
this for business customers. Essentially, Verizon will be installing this new network to
everyone’s home “over� the existing copper wiring. This new network will be
made up of four fiber optic cables: 2 voice, one data, and one for television. A box will
be installed on the outside of everyone’s home to interpret the signal coming over the
fiber optic cable. Verizon will be phasing out use of the copper wires in the future. As
part of their new service offering, Verizon will be offering television services, similar to
Comcast. Verizon would like to enter into a franchise agreement with the Town. Scott C.
said he would present a draft franchise agreement to the Commission at the Working
Meeting on November 29.
Scott C. said that he would present a draft resolution at the next meeting asking residents
to park on the “odd� side of the street on odd days, and the “even� side of
the street on even days. This will help the contractor do a better job plowing snow.
Dave submitted a letter from Mr. St. Clair to the Bellefonte Board of Adjustments asking
for a variance to turn his house at 101 Beeson into several rental units. Dave said that the
letter was given to him on either Nov. 1 or 2. Terry said that Mr. St. Clair needed to
apply for a Building Permit first and be denied before requesting a hearing from the Board
of Adjustments. Scott M. asked if Mr. St. Clair was aware that he had to pay for the cost
of advertising the hearing and all other costs associated with a hearing. This issue will be
handled at the Working Meeting on 11/29.
A complaint was received about a tree on Wynnbrook that a neighbor considers unsafe.
Dave advised the speaker to contact the NCC Complaint Hotline. This is a Property
Maintenance code issue, and should be handled by NCC.
A member of the audience said that something needs to be done to stop people from
driving the wrong way down the west length of Bellefonte, where it is one way. The
audience member suggested more signs be posted and that NCC police be advised that
this is an ongoing problem that they need to watch out for.
Scott questioned whether we should discontinue paying for additional policing until the
Town starts receiving the fines that are due for violations. Currently, the Town has
received no payment, although we continue to get reports of tickets being issued. Scott
M. said that we should notify NCC that we will be discontinuing the extra service until this
issue is resolved, or that Rep. Diana McWilliam’s office might be helpful in resolving
this issue.
Dave called for any other public comment. There being none, Scott C. made a motion to
adjourn the meeting, seconded by Kathy, and passed unanimously at 10:10 pm.
The next Town Meeting will be held on Monday, December 12, at 7 pm, at Town Hall.
