Town Meeting Minutes
December 12, 2005
Call to Order: The Monthly Town Meeting of the Bellefonte Town Commission was
called to order at 7:11 pm. Officers in attendance were Scott Clothier, Kathy
MacDonough, Scott MacKenzie, Curt Nass, Terry Thompson and Dave Wishowsky.
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.
Bills: Scott read the following bills for payment:
IDS Dec trash 7,252.62
Minster&Facciolo, LLC Balance due payment from 11-14 379.00
Delmarva Power traffic light 41.55
Delmarva Power street lights 977.74
Delmarva Power Town Hall 65.54
New Castle Co. Police - 10-19, 10-27 321.00
New Castle Co. Police - 10-21, 11-10 320.94
Scott MacKenzie Secretarial stipend-$50
Target-28.63
Michael's-134.13
Natl Wholesale-124.32 337.08
Kathy MacDonough Reimbursement - Holiday supplies
Advertising, Printing 1278.34
Terry Thompson Lamp post supplies - 229.08
Plan. Comm. off supp - 290.56 519.64
News Journal Legal notices 11/3-5, transfer tax 175.23
Russo Brothers Plumbing 12-7 sewer cleanout, dc 225.00
NCC Police services, 9/05 642.00
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‚· A letter was received from IDS stating that our normal trash collection schedule would
not be affected by the holidays.
ï‚· A list of recent fines related to police activity in Bellefonte was received. Dave will
attach this to his inquiry about payment of the Town's portion of these fines.
ï‚· A letter from DNREC notifying all interested parties about a hearing about the State's
proposed change to federal standards regarding "accidental release" of pollution. The
hearing is 12/5 in Dover.
ï‚· A statement of our postal permit account was received from the Post Office.
ï‚· A letter was received from DelDot about their plans to replace curbing, aprons, and
resurface Elizabeth Avenue in Bellefonte.
ï‚· Scott C. received a phone message about the general poor cleanliness and condition of
the streets. The resident said that she had never seen them look so dirty and unkempt.
ï‚· Scott C. received a call about suspected damage to the mailbox and lighting at 711
Maple by Finocchiarro during the last plowing. Scott will refer the resident directly to
Thomas Finocchiaro and Brothers.
ï‚· Scott C. received an email from IDS regarding removal of certain hazardous waste. If
you have questions regarding removal of electronics, paints and other hazardous
chemicals, or appliances with refrigerants, please call DE Solid Waste Authority
(DSWA) at 739-5361, or go to their web site at www.dswa.com.
ï‚· Terry received an email from Mike DiFonzo that will be addressed in New Business.
ï‚· Terry also received an email complaint about trash being dumped at 603 Maple; to be
addressed in New Business.
ï‚· Kathy received an email newsletter from the Institute of Public Administration (IPA)
regarding their monthly meeting on 1/26 at the Sheraton in Dover.
The regular order of the meeting was set aside so that the franchise agreement with
Verizon could be discussed. Two representatives from Verizon were in attendance.
Scott C. explained that the Commissioners had heard a presentation at the October
working meeting regarding Verizon plans to upgrade its services in Delaware. These
improvements will include a fiber optic network that will offer telephone, data, and
television services to residents. As part of this offering, Verizon needs to have a franchise
agreement with the Town of Bellefonte to pay a franchise fee for each resident that
selects Verizon for TELEVISION services only. The Town has a similar agreement
already with Comcast. The terms and contract as presented is very similar to that
contract with Comcast, with the Town receiving three percent (3%) each month for each
resident's fees to Verizon. The contract (below) is for 15 years, beginning when services
are officially available and provided to Bellefonte residents (the Town will be notified
when this occurs). Scott read and paraphrased the terms of the contract. Terry asked
the Verizon reps specifically how many residents needed to be "connected" before the
contract begins. The number is "several" and not defined, and could not be made more
specific by the representatives, but they assured us that we would be notified when the
contract officially begins). Scott M. made a motion to approve the agreement as read
and distributed to the Commissioners, seconded by Kathy, and the vote was unanimous.
Curt presented an additional bill for police service in September for 642.00 from New
Castle County. He said that he had verified that the invoice for these service dates had
not been paid. Scott M. made a motion to pay the bill, seconded by Scott C., and
approved unanimously.
Treasurer's and Tax Collector's Report: Curt Nass gave the Tax Collector's Report
for the period ending 11/30/05 with $3,215.47 taxes collected with $718.57 in prior
year's taxes and fees. The Treasurer's Report was given, stating that receipts for the
month were $6,185.88 and $19.14 in the MSAF account. Total disbursements for the
month were $13,867.39 and $1,047.63 from the MSAF account with 27.28 in bank
fees. The ending balance in the general account was $144,049.67 and $8,458.88 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 Dave, and the vote was unanimous.
Committee Reports
Town Services
Scott C. reported that he had received updated participation numbers from DSWA
regarding our recycling program and that participation and weight of recyclabes continues
to increase. IDS reported no problems with regular trash collection during the period.
Scott said that questions about what to do with certain waste like televisions, appliances,
and hazardous household chemicals can be addressed by going to the DSWA website at
www.dswa.com. He will be working over the next few months to prepare an easily to
follow guide for residents.
Scott C. requested that problem area in Bellefonte be treated with sand/salt prior to the
snowfalls on 12/5 and 12/9. Scott C. inspected the work after each snowfall and was
pleased with the condition of the roads. There will be an additional charge for these
treatments, per our contract with Thomas Finocchiaro and Brothers.
In relation to the complaint about the cleanliness of the streets, Scott C. will be
developing a service plan to address this concern for implementation in the spring.
Scott C. also announced that DSWA had delivered our new park bench, which is made
of 1,600 recycled plastic jugs, a gift to the town for its participation in the curbside
recycling program.
A letter was received by the Commissioners from DelDot requestions authorization to
proceed with their plans to replace the curbing and aprons, and to repave Elizabeth
Avenue. The letter contained an authorization for Dave Wishowsky's signature.
Although most Commissioners were under the impression that Monterrey Place was at
the top of the list and wondered how DelDot chose Elizabeth, Scott M. was generally
concerned that if we don't authorize the improvements that we would lose out on the
chance to get any funding from DelDot. Dave wanted to know how Elizabeth was
decided on by DelDot before authorizing the work. Scott M. made a motion to authorize
the repaving of Elizabeth Avenue, seconded by Terry. On discussion, Dave thought that
we should know how DelDot selected Elizabeth and whether the Commission has any
influence on which streets get attention first.
Kathy said that a list of street was supposed to have been submitted to Rep. Dave Ennis'
office last year before the election. Ennis' aide was unable to find this prioritized list of
Bellefonte's streets. Scott M. said that, in his opinion, DelDot is in the business of
repaving streets and that no Commissioner knows any more about street maintenance
that DelDot. Dave said that as the elected representatives of Bellefonte, we had a
responsibility to authorize only the improvements we agreed with. Scott M. withdrew his
motion and restated it as a motion to sign the letter authorizing the improvements by the
deadline (12/30) but that Terry would call to find out why Elizabeth was chosen and if the
Commission could affect the decision about street improvements. The motion was
seconded by Dave and given "conditional" approval unanimously.
Charter and Ordinance Committee
Terry reported that the Charter and Ordinance Committee had reviewed all existing
ordinances at the last meeting and had set priorities for those that still needed updating.
He also reported that he would be making final revisions to the new Building and
Plumbing codes so that the revised Building Zone Ordinance could have its first reading at
the January Town Meeting.
Town Property and Facilities Committee
Scott reported that an urgent appropriation had been authorized by the Commission to fix
the chandelier in Town Hall, which was hanging by its power wires. The cost of the
repair was $95. Scott also reported that the date for installation of the new windows in
the day care center had been changed to December 17 because there was delay in
manufacturing the windows on the playground side with tempered glass. Scott made a
motion to approve up to $50 for the purchase of a coffeemaker and supplies so that
coffee and tea can be served during Town Meetings, seconded by Scott C. and
approved unanimously.
Planning Commission
Terry reported that the draft Comprehensive Town Plan had been issued and that printed
copies were available and that it had been posted to the website. He said that a public
hearing would be held on Wednesday, December 14 at Town Hall and that written
comment could be made via US Mail or email through 12/27. Once all comments are
gathered, the Planning Commission will be review by the Planning Commission and
revisions might be made. Once final revisions are made, the document will be presented
to the State's PLUS (Planning and Land Use Services) committee for review. PLUS
may recommend that changes be made to the plan, which will be made by the Planning
Commission. Once revisions are complete, the document will be presented to the Town
Commission for adoption. Finally, it will be sent to the State Office of Planning for
certification.
Terry also announced that two seats on the Planning Commission become open after
12/31. Anyone interested in joining the Planning Commission should contact the Planning
Commission in writing by 12/27. Dave acknowledged all the hard work done by Terry
and the members of the Planning Commission in the development of the Plan.
Community Activities and Recreation Committee
Kathy reported that the Holiday Events were a great success. The lampposts were
decorated on 11/19, Town Hall was decorated on 11/25, and two events, the Art Loop
on 12/2 and the Town Treelighting on 12/10 were both well attended. In addition, her
committee executed a mailing of holiday greetings, a schedule of events, and a coupon to
be used at shops in Town. Each participating merchant contributed $20 each for the
mailing, which more than paid for the cost of postage. Ads were also placed in
Community News, which brought attention to the Town's activities and to shopping
opportunities to people from all over New Castle County.
Kathy made a motion to appropriate a $50 gift certificate for Concord Mall for David
Johnson of Rosedale Avenue, who graciously played Santa for the Treelighting event,
seconded by Scott C., and passed unanimously.
Building & Plumbing Inspector's Reports
Neither Mr. Russo nor Mr. Finocchiaro were present, but Scott M. talked to Mr.
Finocchiaro, who reported that he had sent a letter to 202 School House Lane regarding
removal of the wooden staircase that was recently erected at the back of the house,
directing that it be removed in 30 days. Effective 12/1, fines of $10 a day are being
imposed. Mr. Finocchiaro reported that he has been asked to attend a meeting with Rev.
Gwynne on 12/23.
Old Business
Insurance – Kathy met with representatives of Bill Clarke Insurance, who will be
offering us a bid on our insurance needs.
Scott C. said that he had received feedback from his neighbors regarding the suggestion
to alternate parking during snow events. He asked that a further explanation be placed in
the newsletter.
Scott C. also asked that we repeat information in the newsletter about keeping storm
drains clear. We ask that all residents who live near a storm drain make an effort to keep
the drain grate clear of leaves and debris that might clog up, ice up, and make the roads
treacherous. Dave noted that he had cleared the drain near his intersection and that a
neighbor came out and helped and it only took a few minutes. Fifteen minutes of work
could help avoid an icy patch on the road or a flooded basement. We ask that everyone
chip in to help us avoid any problems this winter. Scott C. asked elderly or disabled
residents to call him if they are unable to clear a drain; the Commission will find volunteers
to assist.
New Business
Terry announced that he had received an email from Mike DiFonzo, realtor, announcing
the sale of 204 School House Lane and requesting clarification about whether the
attached medical suite could be used by the new owners for a home business of
dollhouse construction. The new owner will be selling them over the Internet and will not
have any signage or display of goods on the property. Terry will send him a letter with an
excerpt from our Zoning Ordinance that gives details on home occupations that can be
conducted in the residential district.
Terry said that he had received a repeated complaint about construction materials/trash
from outside of Town being dropped at 603 Maple. Scott will send a letter to the
property owners with the attached ordinance that prohibits this action.
Scott M. announced that we had received the Annual Report for the Town for fiscal year
2004-5. Anyone who wishes to view it can do so at Town Hall during regular business
meetings. It will also be posted to the Internet before the January meeting.
Scott C. announced that he would be gather his committee in late January [NOTE: set
later as Tuesday, January 17, 7 pm] at Town Hall, to meet about Town Service issues.
He will be developing a request for bid for a landscaping contract to maintain the
sidewalks on Brandywine Blvd., maintain the lawn at Town Hall and the Park, as well as
other landscaping maintenance that will be part of an overall beautification project.
Anyone interested in joining the Town Services committee should contact Scott C.
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 9:05 pm.
The next Town Meeting will be held on Monday, January 9, at 7 pm, at Town Hall.
Attachment -- Verizon Franchise Agreement
CABLE SERVICE FRANCHISE AGREEMENT
BETWEEN THE TOWN OF BELLEFONTE, DELAWARE
AND VERIZON DELAWARE INC.
This Franchise Agreement (hereinafter, the "Agreement" or "Franchise Agreement") is
made as of the _12___day of __December_ 2005 (the "Effective Date") between the
Town of Bellefonte, Delaware (hereafter "Town" or "Grantor") and Verizon Delaware
Inc. (hereafter, "Grantee").
WHEREAS, the financial, legal and technical ability of the Grantee is reasonably sufficient
to provide the services, facilities and equipment necessary to meet the future cable-
related needs of the community, the Grantor desires to enter into this Franchise
Agreement with the Grantee for the construction, operation and maintenance of a cable
system (“Cable System�) in the Town, and
WHEREAS Grantee desires to provide cable service (“Cable Service�) in the
Town for the benefit of the residents of the Town of Bellefonte,
NOW, THEREFORE, intending to be legally bound hereby, the Town and Grantee
agree as follows;
1. GRANT OF AUTHORITY
The Town hereby grants to the Grantee under the Cable Act a nonexclusive Franchise
which authorizes the Grantee to construct, operate and maintain a Cable System in,
along, among, upon, across, above, over, under, or in any manner connected with public
rights of way within the Town, and for that purpose to erect, install, construct, repair,
replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any
public right of way and all extensions thereof and additions thereto, such poles, wires,
cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances,
attachments, and other related property or equipment as may be necessary or
appurtenant to the Cable System. This Franchise is freely assignable by Franchisee.
Nothing in this Agreement shall be construed to prohibit the Grantee from offering any
service over its Cable System that is not prohibited by federal, state or local law.
2. TERM OF FRANCHISE
The term of the Franchise granted hereunder shall be for an initial term of fifteen (15)
years, commencing upon the Effective Date of the Franchise, unless the Franchise is
renewed or is surrendered.
3. FRANCHISE FEE
The Grantee shall pay to the Town a franchise fee in an amount equal to three percent
(3%) of annual Gross Revenue received from the operation of the Cable System to
provide Cable Service in the Town; provided, however, that Grantee shall not be
compelled to pay any higher percentage of franchise fees than any other cable operator
providing service in the Town. The payment of franchise fees shall be made on an annual
basis and shall be due forty-five (45) days after the close of each calendar year. Each
franchise fee payment shall be accompanied by a report prepared by a representative of
the Grantee, which shows the basis for the computation of all Gross Revenue actually
received from the operation of the Cable System for the provision of Cable Service in the
Town during the period for which such franchise fee payment is made.
4. INDEMNIFICATION
The Grantee shall indemnify, defend and hold harmless the Grantor, its officers,
employees, and agents from and against any liability or claims resulting from property
damage or bodily injury (including accidental death), which arise out of the Grantor's
construction, operation, maintenance or removal of the Cable System, provided that the
Grantor shall give the Grantee written notice of its obligation to indemnify the Grantee
within ten (10) business days of receipt of a claim or action pursuant to this section. If the
Grantor determines that it is necessary for it to employ separate counsel, the costs for
such separate counsel shall be the responsibility of the Grantor.
5. FTTP NETWORK
I. The parties recognize that Grantee’s Fiber to the Premises (“FTTP�)
Network is being constructed and will be operated and maintained as an upgrade to
and/or extension of its existing telecommunications facilities (“Telecommunications
Facilities�) which are subject to certain regulation by Title II of the Communications
Act and Delaware law. Grantor’s regulatory authority under Title VI of the
Communications Act is not applicable to the construction, installation, maintenance or
operation of the Grantee’s FTTP Network or any non-cable services offered
thereunder. The jurisdiction of the Grantor over Telecommunications Facilities is
restricted by federal and state law, and the Grantor does not assert jurisdiction over
Grantee’s FTTP Network in contravention of those limitations.
II. Under no circumstance including without limitation, upon expiration, revocation,
termination, denial of renewal of the Franchise or any other action to forbid or disallow
Franchise from providing Cable Service, shall Grantee or its assignees be required to sell
any right, title, interest, use or control of any portion of Grantee’s FTTP Network
including, without limitation, any spectrum capacity used for Cable Service or otherwise,
to the Grantor or any third party. Grantee shall not be required to remove the FTTP
Network or to relocate the FTTP Network as a result of revocation, expiration,
termination, denial of renewal or any other action to forbid or disallow Grantee from
providing Cable Service.
6. ENTIRE AGREEMENT
This Franchise Agreement embodies the entire understanding and agreement of the Town
and the Grantee with respect to the subject matter hereof and supersedes all prior
understandings, agreements and communications, whether written or oral. All ordinances
or parts of ordinances that are in conflict with the provisions of this Franchise Agreement
are superseded by this Franchise Agreement. Ordinances or parts of ordinances not
addressed by this Franchise Agreement do not pertain to this Franchise Agreement.
IN WITNESS WHEREOF, This Franchise Agreement has been executed by the duly
authorized representatives of the parties as set forth below, as of this __12___day of
___December___, 2005.
[Original signed agreement on file at Town Hall]
