Town Meeting Minutes
July 11, 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, Russ Norris, and Dave Wishowsky. Terry Thompson is on a
business trip and will not be able to attend.
Scott was not yet ready for the bills to be read, so Dave called for Curt to give the
Treasurer's Report and the Tax Collector's Report.
Treasurer's and Tax Collector's Report: Curt Nass gave the Tax Collector's Report
for the period ending 6/30/05 with $430.60 taxes collected. The Treasurer's Report was
given, stating that receipts for the month were $2,305.89 and $3.81 in interest in the
MSAF account. Total disbursements for the month were $10,192.79 and $1,051.53
from the MSAF account. The ending balance in the general account was $100,581.20
and $1,422.46 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.
Minutes: Dave asked for a motion to suspend the reading of the minutes, Kathy
motioned and Scott seconded, and the vote was unanimous. Copies of the minutes were
available at the meeting and are available on the town website, and a summary of the
minutes is printed in the Town Newsletter
Kathy apologized for a delay in the delivery of the newsletter. The newsletter was
delivered to the post office on Wednesday, July 6, and should have been delivered before
the meeting, but she acknowledged that many had not been received yet. She said that
she would investigate bulk rates that were available that might ensure more timely delivery.
Correspondence:
- Kathy received a call from the News Journal requesting town information and meeting
dates of upcoming meetings for their annual Delaware Almanac. Kathy provided the
information requested.
- An anonymous letter was received by the Commission regarding the smell of dog
excrement on Talley Road. This complaint will be addressed in New Business.
- Scott reported that he had received a call from Peter Kostoshin saying that he had
called IDS to request trash receptacles for his vacant lots on Brandywine Blvd. and
Marion Ave. and was told to contact Scott. He said that he wanted trash cans and trash
collection at his vacant lots and that he wanted something for the property taxes he pays
Bellefonte. Scott contacted two other Commissioners to discuss, then sent a letter to the
caller explaining that the trash collection agreement with IDS does not include receptacles
for empty lots and that the town will not pay for collection from vacant lots.
- Terry received an email from Mr. Thielmann of Verizon regarding a franchise agreement
for cable television. Terry sent Mr. Thielemann a copy of the Comcast franchise
agreement with instructions to draft a similar agreement to be considered by the Town
Commission. If we agree to grant Verizon a franchise, we will send the agreement to our
Town attorney for review prior to execution of the agreement.
Committee Reports
Town Services
Russell reported a number of calls from residents regarding new trash collection services.
The top question is "do we have to use the new receptacle being provided by IDS."
Scott said that the answer is "No." The receptacle is being provided as a convenience to
residents. It does not have to be used. Scott said that he had a few calls from people
who were left off the collection list. He will be working with Kathy to correct any
problems in trash collection.
Dave read from Terry's report that he had completed a list of improvements to be given
to DelDot. He asked that the Commissioners review it before submission/discussion with
DelDot.
Charter and Ordinance Committee
Dave read a report submitted by Terry, who is out of town on business.
Terry received the Property Transfer Tax Ordinance from the town solicitor that has been
reviewed for reading. The town solicitor is still reviewing the Animal & Circular
Ordinances.
Terry reported on a meeting with NCC executive staff including the Department of Land
Use, Community Services, Legal and Finance departments, surrounding use of NCC for
code enforcement. He reports the following:
NCC is willing to provide code enforcement for property maintenance, building,
plumbing, and rental properties. This agreement could be all-inclusive or we can decide
to just have them do part of it such as property maintenance for example.
- Whatever code enforcement they would do would require the Town to adopt that
particular NCC code. They will not enforce Bellefonte specific codes.
- If we chose to have them do Building & Plumbing, all permits would have to be
obtained from the NCC Government Center. All permit fees would go to NCC not the
Town to cover the costs of inspections.
- All fines go to NCC
- Because NCC is currently under a tax freeze, there would not be any increase to our
NCC taxes. If the freeze is lifted, we would lose the discount we receive for providing
our own code enforcement.
- It was also brought to our attention that we have been incorrectly receiving a discount
for police enforcement. The amount that we spend in extra enforcement does not qualify
us for the discount. Not an issue right now because of the tax freeze, but if the freeze is
lifted we will lose this discount.
- NCC attorneys would handle all legal matters for the codes that they would enforce
- NCC is 95% successful in code violation resolution without legal action
- In property maintenance cases where the owner is uncooperative, deceased, out of
state resident, etc., NCC has the ability to correct the situation as necessary (property
cleanup, demolition, etc.) at the cost of NCC then place a lien on the property to recoup
the costs.
- NCC will soon update their property maintenance code to the 2003 ICC
- NCC passed a property rental code. John Cartier’s assistant provided me with a
copy to review.
- NCC recommended that we officially adopt the NCC noise ordinance to avoid any
issues with enforcement by NCC Police.
- The Ardens, New Castle, & Delaware City use NCC for code enforcement
- Alternative: Odessa has a contract with a private company for code enforcement
- Recommendation from the June 28th Special Meeting:
- Enter into an agreement with NCC to provide property maintenance code enforcement
with the option to cancel the agreement if we are not satisfied. Property maintenance is
the basis of nearly all of our complaints and the hardest to enforce. NCC has the
infrastructure to handle these complaints more effectively and efficiently. Residents will
get a quicker response and resolution to the complaint than we can provide. The Town
Commission is relieved of a major headache allowing us to concentrate on other matters.
The Town is also relieved of the legal issues and costs associated with non-compliant
residents and also the costs if Town had to correct the issue and place a lien on the
property.
ï‚· Continue the revision of our Building, Plumbing, and Rental codes and retain our own
code enforcement. This would allow our residents to still obtain permits from the Town
and the Town would collect all fees.
ï‚· Never give up our zoning code enforcement. If we do, zoning will become under the
control of NCC.
ï‚· Adopt an ordinance officially adopting NCC Police and all laws under their jurisdiction
Dave read the following new ordinances stating that this reading will serve as the first and
second reading of Ordinance 2005-02 "Real Estate Transfer Tax Ordinance" (attached);
Ordinance 2005-03 "Adopting NCC Property Maintenance Code and Naming NCC as
Enforcement Agent" (attached); and Ordinance 2005-04 "Naming NCC Police
Department as Law Enforcement Agency for the Town of Bellefonte and Adopting All
Laws under the Jurisdiction of the NCC Police" (attached).
Planning Commission
Dave continued to read Terry's report on activities of the Planning Commission. The
Planning Commission has accepted the offer by Alan Matas to continue to draft the Town
Plan despite his resignation from the Planning Commission. The regular meetings of the
Planning Commission have been cancelled while we wait for the first draft of the Plan
from Alan due at the end of July. The business owners have expressed an interest in
learning more about the survey and the Town Plan. Since they could not attend the
workshops due to their business hours, a special meeting will be held for the business
owners on Monday, July 18th at 7 pm. Most of the businesses, at least on Brandywine
Blvd., are closed on Mondays making it more convenient for them to attend a meeting.
Scott Clouthier expressed interest in taking Alan Matas’ vacant seat on the Planning
Commission. Scott is a resident of Bellefonte, attended one of the workshops, attended
the last Town and Planning Commission meetings, and wants to become more involved in
the Town. The Planning Commission voted unanimously to recommend to the Town
Commission that Scott Clouthier fill the seat vacated by Alan Matas and assume the term
ending on December 31, 2006.
Kathy made a motion to place Scott Clouthier in the seat vacated by Alan Matas on the
Planning Commission, Scott seconded, and the motion was unanimous.
Town Property & Facilities Committee
Scott reported that John Albanese has been scheduled to make repairs to the ceiling tiles
in the day care center in the coming month. Scott reported that the center's manager was
notified that Albanese would be making the repairs.
Scott also reported that Keith Crawford, center director, had verbally informed him that
the State inspectors had cited them for damaged or broken ceiling tiles. Scott will obtain
a copy of the report to be addressed at the Working Meeting on July 26. Scott also
reported that he is seeking bids for replacement of the rain gutters on Town Hall and the
peaked roof section of the day care center. He is also seeking bids for window
replacement on the day care center.
Community Activities & Recreation
Kathy reported that she had attended a planning meeting for the 175th anniversary of Mt.
Pleasant Education. She thinks that the Town should support these efforts, since most
residents would have attended at least one of the schools that are part of this anniversary
celebration. Kathy made a motion to allocate $350 for 175th Anniversary of Mt.
Pleasant Education for decorating the lampposts on Brandywine Blvd., seconded by
Scott. Upon discussion there was concern that this would not be enough money to do
banners, or that we might want to purchase something that could be reused after the
anniversary was over. Kathy asked that her motion be tabled until next month, seconded
by Russ, and the motion was tabled.
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
No reports were given by either the Building Inspector or the Plumbing Inspector.
Old Business
Kathy reported that she had scheduled a meeting with the insurance agent KT&D on
August 3 and would have a full report for the August meeting.
Review of Existing Complaints:
From Terry's report - reported street lights out at Rosedale & Bellefonte and Grandview
& Bellefonte Ave.
Terry spoke to tenant at 603 Maple and she is making an effort to resolve the situation.
Neighbors have reported an improvement to Terry via email.
04-12 - Dave sent copies of letters from Rep. Diana McWiliams and the NCC
Conservation District to property owner regarding expenses for correcting drainage
problem and asking for alternative solutions.
04-06- Dave will send letter from NCC Conservation District to property owner. Work
being done now on curb and regrading of sewer to resolve drainage problem.
05-06 - Kathy will be drafting a letter to homeowner of 700 Brandywine Blvd. regarding
broken window (ordinance violation).
05-09 - Damage by unleashed dogs. Article placed in newsletter. Violations to be
reported to SPCA.
05-11 - Scott sent letter to day care center operators regarding children throwing rocks.
Russ corrected the name of the business owner is Dick McGinnis, not Mr. DeMauro as
previously reported.
05-12 - Rats seen near Brandywine and Beeson. Kathy was told be State DOH that
they needed to be seen coming from a property. Complaint closed.
05-13 - 1100 Bellevue - 2 abandoned cars at abandoned property going to Sheriff's
Sale. Kathy will attempt to call once more (Complaint resolved, cars towed by Sheriff's
department).
05-17 - 707 Prospect - vacant house reported as being broken into by neighborhood
kids. Joe F. will investigate what can be done to secure premises.
05-18 - 613 Maple - missing section of sidewalk. Dave informed new homeowner and
requested that it be corrected in six months. Will follow-up with letter confirming
conversation.
04-09 - Dave had conversation with property owner of 1105 Monterey Place regarding
tall weeds near easement and cistern. Letter was sent to BP station. Will take further
action at Working Meeting including referral to NCC Conservation District.
New Business (Commission)
Scott made a motion to cut a check for $1500 to the US Postal Service for postage for
the town newsletter, enough for more than one year's postage, seconded by Russ, and
passed unanimously.
05-22 - New Complaint - Condition of house at 1201 Brandywine Blvd. given number
05-22.
05-23 - New Complaint - Smell of dog excrement at 1110 Talley Rd. given complaint
number 05-23.
05-24 - New Complaint - abandoned car in lot of 603 Maple Avenue given number 05-
24.
New Business (Public):
Andy Shackelford of 702 Brandywine Blvd. asked if the Bellefonte Town Commission
had "eminent domain." He said that there had been a lot in the media about the Supreme
Court upholding the right of eminent domain by government and that it scared him that the
government could take away your property. Scott assured him that the Commission has
no plans to exercise that power.
The issue of cars parking on the side of the road on Beeson to go to Rita's Water Ice was
raised. Dave said that since this is the edge of Chieffo's parking lot and there is no curb,
parking is prohibited there anyway. Residents who see this should contact the NCC
Police. Dave said that he will alert the paid NCC officers hired by the town for extra duty
to this problem as ask them to be on the watch for this problem.
Bills:
Scott read the following bills for payment:
Vendor Description Total
Michael Perillo Grass cutting (2xs) $100.00
Conectiv Town Hall- 32.11
Conectiv Traffic light- 41.75
Conectiv Street lights 977.24
IDS Trash collection June 7,844.04
NCC Police Contractual Services March - May $1,560
Kathy MacDonough Reimbursement – printing 117.82
Minster & Facciolo, LLC June services 1407.50
IDS Special pickup 1,131.02
US Treasury 2/4 tax payment 153.00
Delmar Pest Control Qrtly. service agreement 35.00
Scott motioned to pay the bills as read, seconded by Kathy, and the vote was unanimous.
Dave called for any other public comment. There being none, Kathy made a motion to
adjourn the meeting, seconded by Russ, and passed unanimously at 9:15 pm.
The next Town Meeting will be held on Monday, August 8, at 7 pm, at Town Hall.
