Call to Order: The Monthly Town Meeting of the Bellefonte Town Commission was
called to order at 7:08 pm. Officers in attendance were Kathy MacDonough, Scott
MacKenzie, Curt Nass, Terry Thompson, and Dave Wishowsky. Russell Norris was not
in attendance and sent no notice of his absence.
Dave called for the meeting order to be changed to allow NCC Councilman John Cartier
to speak to those attending. John introduced himself and gave a progress report on
activities he is engaged in on behalf of Bellefonte, including county assistance in design of
Bellefonte Park and support in code enforcement. He reported that a meeting between
the Commissioners and NCC staff had been arranged for June 14 to discuss relations
between the two governments.
Minutes: Dave asked for a motion to suspend the reading of the minutes, Terry
motioned and Kathy seconded, and the vote was unanimous. Copies of the minutes were
available at the meeting, are available on the town website, and Dave requested that this
again be placed in the newsletter, informing residents that all minutes are available on the
web site.
Bills:
Scott read the following bills for payment:
Vendor Description Total
Michael Perillo, Grass cutting (3xs) $150.00*
Conectiv Town Hall 34.94
Conectiv Traffic light 44.60
Conectiv Street lights 981.74
IDS Trash collection June 7,844.04
Mike McGrath Website hosting fee -
reimbursement Nov-June 2005 139.65
Kathy MacDonough Newsletter – printing 256.50
Michael Perillo Grass cutting
(2xs) 5-28 and 6/9 100.00
Scott MacKenzie
June stipend, 50.00,
Home Depot, 39.76
Richardsons, 57.79 147.55
Curt Nass Treasurers fee 923.50
Terry Thompson Bldg inspectors
forms + shipping 16.00
DE LLG Annual Dues $700.00
* Paid at 5/16 Special Budget Meeting
Scott motioned that the bills be paid as read, seconded by Kathy, and the vote was
unanimous.
Correspondence:
ï‚· Dave received an email from a resident reacting to the May newsletter. They said that
they were against the Bellefonte Cafe being granted a liquor license and that they had
contacted ABC to voice their opposition. They also stated their disapproval of the
Commission forming a committee with Brandywine Hundred Fire Company 1 to discuss
issues of mutual concern.
ï‚· Dave received an invitation from NCC Executive Office for the Commission to attend a
local government breakfast with County officers on June 23.
ï‚· Terry read an anonymous letter that was placed into his home mailbox. He noted that
it is illegal for anyone other than a US Post Office letter carrier to place mail into a
mailbox. The unsigned letter was in response to the Planning Commission's audit of town
property. The letter said that while they are doing this audit of violations that they make
note of the alleged violations in Terry's front yard, citing the complaints of "50 neighbors"
regarding things in Terry's front yard that belong in the back yard. Terry would like to say
for the record that he asked Commissioners MacDonough and MacKenzie to determine if
there were violations in his yard -- they found none. He requested that this letter be filed
as an official complaint so that it documented. Dave argued that this letter, being there are
no violations, be dismissed as a nuisance. Terry would like people to understand that the
housing inventory is required by the State for the Planning Commission's Comprehensive
Town Plan. He stated that the inventory is looking for accuracy of records, ie, if the
NCC website says that a 2-bedroom Cape Cod should be there and a 4-bedroom
Colonial is on the lot, the discrepancy is noted.
Treasurer's and Tax Collector's Report: Curt Nass gave the Tax Collector's Report
for the period ending 5/31/05 with $1,349.71 collected, with $907.90 being taxes and
$441.81 being prior taxes and fees. The Treasurer's Report was given, stating that
receipts for the month were $2,549.00 and $5.31 in interest in the MSAF account. Total
disbursements for the month were $17,694.05 and $1,047.70 from the MSAF account.
The ending balance in the general account was $108,468.10 and $2,470.18 in the MSAF
account.
Scott motioned to accept both reports, seconded by Kathy, and the motion passed
unanimously.
Committee Reports
Town Services
Russell was not present to issue a report. Scott and Kathy reported that the transition to
IDS for trash removal had gone smoothly, with no complaints filed. Dave reported that
he had fielded a question from a resident who wanted to know whether they had to use
the trash receptacle being provided by the town and IDS. Dave answered that the larger
trashcan is being provided as a convenience to residents but that they do not have to use
it. Someone also questions whether IDS would collect trash over-and-above what would
fit in the new receptacle. The answer is yes. Scott will follow-up with IDS about
implementing the recycling program and will include this information in the next newsletter.
Scott was given a list of four addresses by Dorothy Marx to find out if they are on the
mailing list. These residents say they have not received newsletters.
Charter and Ordinance Committee
Terry reported that he had forwarded all information on the transfer tax to the Town
attorney for preparation of an ordinance at the next Town Meeting. Terry sent the draft
Animal Control and Circular Ordinances to the attorney, with the understanding that the
Transfer Tax Ordinance is most important since the 2005 budget is designed around the
anticipated revenue.
Kathy added that she had done some research into the Delaware State Housing Codes,
and that Bellefonte is one of the incorporated towns that the codes apply to.
Town Property & Facilities Committee
Scott reported that Ben Crawford had signed a new lease for the day care center. The
Commission is pleased to begin a new relationship with the Crawfords and to continue to
improve the facility to make it better for the children and families who us it.
Scott reported that he had asked John Albanese to make repairs to the ceiling tiles in the
day care center. The center was notified that Albanese would be making the repairs.
Scott said that he will also be seeking bids for new rain gutters on Town Hall and the
back of the upper classroom. Scott expressed gratitude to Dave, Kathy, Terry, and Cub
Pack 328 and their fathers, for weeding and planting flowers in the flowerbed alongside
the day care center. It is a big improvement.
Planning Commission
Terry reported that, unfortunately, Alan Matas has resigned from the Planning
Commission for personal reasons. He has, however, agreed to continue writing the draft
plan for the Town. Terry reported that the draft plan is in process and would be
completed in two to three months. Terry reminded everyone that the Planning
Commission meetings are on the second and fourth Wednesdays of the month and that
they are open to attendance by the public. This next meeting is June 22 at 7 pm, at Town
Hall.
Terry also reported that JohnTyrawski, who volunteered to do mapping as required by
the Comprehensive Development Plan, had already submitted several draft maps for the
plan. Terry said that John's volunteer mapmaking would save the Town several thousand
dollars.
Community Activities & Recreation
Kathy reported that the 175th anniversary of Mt. Pleasant Education is being celebrated
October 14 to 16th, 2005. A meeting is being held on June 20 and she encouraged
anyone who wanted to help them organize these activities to attend the meeting. For
more information, contact Kathy.
In light of this celebration, Kathy is suggesting that a Town Hall open house be held on
October 15. She would like to coordinate with Brandywine Hundred Fire Company for
their open house. She suggested that we do some promotion for the Education event,
possibly with banners on the lampposts on Brandywine Blvd.
Plumbing and Building Inspector's Reports
Joe Finocchiaro was not at the meeting to give a report, but he submitted a check for a
permit issued for 1001 Brandywine Blvd. for installation of a steel fire escape.
Steve Russo reported plumbing permits issued for 909 Grandview, 1117 Highland
Avenue, 1006 Maple Avenue, and 706 Philadelphia Pike. Steve asked about his fees for
conducting inspections. Scott explained that the Charter/Ordinance Committee had
recommended that payment be suspended until the new Building Code Ordinances and
updated fees could be adopted. Scott said the current plumbing inspection fees had never
been changed and were still $2 per inspection. Dorothy Marx said she was sure that it
had been increased, but both Terry and Scott said that they had reviewed the minutes to
the meetings in the 1990s and that neither could find that the fees were increased.
Special Committees
Scott reported that a meeting had been scheduled for 6-14 at 7 pm with Richard Perillo
regarding improving relations with BHFC and to discuss the siren. Scott called Richard to
discuss forming the committee and Richard asked members of his Board of Directors. He
said that none of them wanted to participate, but asked if Rep. Diana McWilliams could
attend the meeting. Diana is scheduled to be at the meeting. Scott had received a number
of calls from residents who wanted to volunteer to work on the committee, but only a few
are being invited to the first meeting, so that Richard is not overwhelmed. Scott requested
that the name of the group be changed from the Bellefonte-BHFC Relations Committee to
the "Bellefonte - Brandywine Hundred Task Force," so that the name reflects the fact that
this is a joint effort between the Town and BHFC, not a subcommittee of the
Commission. The Commission agreed and the name was approved. Scott will report any
progress of the task force at the next Town meeting.
Old Business
Kathy noted that the official name of the agency responsible for water and soil erosion
and drainage problems is the "NCC Conservation District."
The Commission reviewed the following complaints:
4-12 (99 Beeson Rd.) and 4-06 (603 Melrose Ave.) - Dave received copies of letters
from Diana McWilliams asking the NCC Conservation District to breakout costs for
fixing the water drainage problems at each location, what the NCCCD will pay for and
what the property owners are responsible for. Dave will follow up with the owners and
notify them that they need to resolve the problems or they will have to pay the cost of
abatement as proposed by NCCCD.
05-06 (filed on 2-14) - 700 Brandywine Blvd. - Terry spoke to Miroslaw Kostyshyn on
4-27-05 and he said that he would repair the broken window, which is violating
Bellefonte's Ordinance 68-1. Since Mr. Kostyshyn was at this meeting, Dave asked him
what was the status of the broken window. Mr. Kostyshyn replied "I'll see you in court."
Dave asked him to repeat it, which he did, and Dave said, "Yes, you will."
05-09 (filed 4-11) - 900 Marion Ave. - regarding unleashed dogs causing property
damage. Scott placed a brief article in the Town newsletter informing residents that State
law requires that animals be on a leash and that violations should be called into the
SPCA. Terry also reported that the Animal Control Ordinance was sent to the attorney
for review.
5-11 (filed 4-11) - Bellefonte Park - Mr. DiMauro, owner of the auto detailing business
adjacent to the park reported that the children are throwing rocks over the fence and
could damage vehicles being serviced. A letter was sent to the day care center operators
on 6-6-05.
5-12 (filed 4-11) - Beeson and Brandywine - Kathy investigated with the State Dept. of
Public Health. Their guidelines require that the rats must be seen coming from a
residence, not walking on the street, for them to take action.
5-13 (filed 4-11) - 1100 Bellevue Ave. - abandoned property, 2 abandoned cars, uncut
grass. Joe Finocchiaro called the phone number listed on the car at the back of the drive
and notified the owner that the cars will be towed if they are not moved. House is going
to Sheriff's Sale on July 12.
5-17 (filed 4-11) - 1117 Highland Avenue (new construction) - complaint filed by Bruce
Dunlap regarding grading around the foundation of the new house causing water to drain
off onto nearby properties. Joe Finocchiaro spoke to the builder about regrading the fill
before the project was completed. Terry mentioned that Joe needs to know that he can
halt construction until they correct the problem.
Dorothy Marx asked about the complaint filed last month regarding a missing section of
sidewalk at Maple and Rosedale. This will be logged as complaint 5-18 and Dave will
follow-up with the new property owner.
Dave said he had a call from a resident about the state of the road and curbing on
Monterey and he would like to reiterate that Monterey Place will be the first street
repaved by DelDot.
Scott reported that he had received registration for election forms from himself, Dave
Wishowsky, and Curt Nass. This leaves one vacant chair on the Commission. Scott
made a motion that, if she is willing, he would like to appoint Kathy MacDonough to fill
the vacancy. Terry seconded. On discussion, Dave said that this motion should be made
after the new Commission is sworn in and seated. Scott suspended the motion.
New Business (Commission):
The election for Town Commission being uncontested, those who filed to be candidates
were sworn in. Terry Thompson swore in Scott and Dave. Terry then swore in Curt as
Treasurer.
Scott reintroduced his motion to appoint Kathy, Terry seconded, and the vote was
unanimous. Dave swore Kathy in.
Terry motioned that Dave should continue as president of the Commission, seconded by
Kathy, and the vote was unanimous.
Kathy motioned that Scott should continue as Secretary of the Commission, seconded by
Dave and the vote was unanimous.
Terry motioned that Curt should be appointed as Tax Collector and Assessor, seconded
by Scott, and the vote was unanimous.
Scott motioned to appoint Joe Finocchiaro as Building Inspector and Steve Russo as
Plumbing Inspector, seconded by Terry, and passed unanimously.
Henry Pino asked why if there are supposed to be five Commissioners and a Treasurer,
and the vacant seat was filled by Kathy, why were there only four Commissioners? The
answer is that Russ has not been attending the last few month's meetings.
Terry announced that he had been contacted by the owner of 917 Fairview Avenue
regarding tools stolen from his property and vandalism. The property owner had reported
the matter to NCC police, but wanted neighbors to understand that if anyone is caught on
the property he will be filing charges.
New complaint - Melrose and Prospect, concrete curbing broken down, large chunks of
concrete in roadway.
Call for action on old complaint - Kathy said that our ordinances are clear and that action
needs to be taken about the broken window at 700 Brandywine Blvd. This matter will be
discussed at the Special Working meeting.
New complaint - The second floor window of 1223 Rosedale Avenue appears to be
broken, again in violation of Ordinance 68-1.
New Business (Public)
Miroslaw Kostyshyn asked Dave if he had been served by NCC Police with a filing from
him. Dave said yes and that the matter was referred to the Town attorney. Miroslaw said
that he was surprised that it was not read as correspondence.
Dorothy Marx said that she would like to make a comment about meeting with the fire
company about the siren. She said that if the meeting was in response to the Planning
Commission survey where ten percent of the respondents said that the siren would make
them consider moving, that the Commission should consider the 90 percent who said
noting about the siren. Terry explained that no question on the survey specifically
mentioned the siren. These responses were included in open-ended comments sections,
which makes them statistically significant to the results. Also, the task force is working on
many things to improve the relationship with the fire company, not just discussing the
siren. Dorothy answered that she has been supportive of many things that this
Commission has been doing for the Town, but that it seems that the resident's opinions are
not being considered. She said that she hoped it wasn't Dave's house that was burning
while he waited for the firefighters to receive a signal on their pagers.
Roy Jackson, a resident of Paladin, asked the Commission to consider a resolution in
support of the effort to save and restore the blue granite wall on the old Sellers Estate.
The NCC Dept. of Land Use will be holding a hearing on the matter on July 7. Scott
made a motion to pass a resolution calling for the wall to be saved from demolition and
rebuilt by the developer, Terry seconded, and the vote was unanimous. Scott will draft
for the Special Working Meeting.
Dave called for any other public comment. There being none, Kathy made a motion to
adjourn the meeting, seconded by Terry, and passed unanimously at 9:15 pm.
The next Town Meeting will be held on Monday, July 11, at 7 pm, at Town Hall.
Town Meeting Minutes - June 13