Call to Order:  President David Wishowsky called the meeting to order at 7:06 p.m.  The
following Commissioners were present: Kathy MacDonough, Scott MacKenzie, Curt
Nass, Russ Norris, and Terry Thompson.

Minutes:  Since the minutes of the March 14 meeting had been posted on the website,
published in the newsletter, and were available at the meeting in printed form, for purposes
of time, Terry moved, and Terry seconded, that the reading of the minutes be waived.  No
additions or corrections were noted.  Motion passed unanimously.

Bills/Treasurer's and Tax Collector's Report:
Payment of bills, and the Treasurer and Tax Collector's reports were suspended until later
in the meeting when Curt arrives.

Correspondence

Scott reported the receipt of the following correspondence:
A letter from the NCC Dept. of Community Services regarding public hearings about their
Consolidated Five Year Plan.
A letter from the DE League of Local Government (DLLG) about their monthly meeting in
Dover.
A letter from DLLG about Lobbying day in Washington DC.
A notice from the Institute for Public Administration at Udel (IPA) re: a workshop on May
11 about accessibility and design.
A notice from IPA about a workshop re: municipal website design.
A letter from the State of Delaware Parks & Recreation about the availability of matching
grants.
A letter from NCC Dept. of Community Services regarding Bellefonte's application for
CDBG grant money.

Committee Reports

Town Services Committee
Russ Norris registered two new complaints: that the children attending the Foulk Rd. Day
Care Center have been throwing rocks and gravel over the fence at the adjacent auto
detailing shop.  Russ said that the children are not being closely supervised which allows
this to go on.  The second complaint was that someone reported seeing three rats near the
intersection of Beeson and Brandywine Blvd.

Russ requested that everyone do their part to keep the storm sewers clear of debris.  
Although this is DelDot's responsibility, they can't keep up with all of the grates in the
county.  When we have heavy rains like we have, we all need to work together to make
sure these drains stay open.

Russ has scheduled a meeting of the Beautification Committee for Wednesday, April 20,
at 7 pm at Town Hall, and has asked that all interested parties attend.

Russ also announced that our current trash contract with Waste Management expires on
May 31, 2005.  He said that he had not been able to do anything on this because of his
current health situation, but that Scott and Kathy had begun gathering information to open
the contract to bid.  Kathy reported that she had also looked into recycling programs and
that there is grant money available to start a recycling program.  Scott and Kathy will put
together a list of service options to be put out for bid.

Charter, Ordinance, and Regulation Committee

Terry made the third and final reading of Ordinance 2005-01 - An Ordinance Making
Bellefonte Avenue No Parking from Brandywine Blvd. to Philadelphia Pike (attachment
3).  Terry motioned for passage of this ordinance into law, Scott seconded, and the vote
was unanimous.

Scott will send a copy of the new ordinance to the principal of St. Helena's School so that
she may advise the parents that the no parking law has been restated and can be enforced
by NCC officers.

Terry reported that the committee is finishing their review of the new Building and
Plumbing Code Ordinance and that it will be ready for reading at the next meeting.

Terry reported that he had gathered information on the language necessary for the
implementation of a real estate transfer tax for Bellefonte.  He will give it to our attorney to
craft an ordinance and to make recommendations about enacting the ordinance.

Town Property and Facilities Committee

Scott MacKenzie reported that he had received a letter from the Department of
Community Services for NCC informing us that our application for a Community
Development Block Grant had been declined essentially because not enough people
would benefit from the project to justify the expenditure.  Scott also reported that he had
met with the Facilities Committee and had explained the loss of the grant.  The committee
hopes that the Commission will find a way to budget for these renovations in 2006 with or
without grant funding.

Scott reported that the committee recommends that the Commission stand firm on its last
offer to the tenants of the day care center, and to get them into any lease agreement that
will assure revenue for the town.  Scott passed out copies of the last offer and response
from the tenants to the Commissioners.

Scott reported that he had two bids for lawncare at the Town Hall property, both at $50
per cut.  Since one of the Commissioners had personal experience in seeing the work
done, Michael Perillo was selected to do the work at Town Hall.

Scott reported that it is the recommendation of the Facilities and Town Property
Committee that the town-owned lot on Brandywine Blvd. be made into a public lot.

Scott reported that he had received a second bid for tree removal that showed that Stein
Tree Service was the low bid.  Work will commence within 10 days.

Scott made a motion to request that John Sullivan, attorney negotiating the day care center
lease, be authorized to send a letter to the tenants telling them of our decision to
discontinue our month to month agreement and/or evict if need be.  Terry seconded the
motion and it passed unanimously.  The Commission asked Scott to find out from Sullivan
if it is acceptable to grant them additional time to move at a set price.  Scott will find out.

Building and Plumbing Inspector's Reports

Steve Russo reported that he issued only one permit for 605 Rodman Rd.  Scott
submitted a report from Joe Finocchiaro reporting three permits issued for new
construction at 0 Highland Avenue (near River Road intersection), and 1117 Brandywine
Blvd., and a new porch and steps for 1015 Rosedale Avenue.

Planning and Development Committee

Terry reported that the final input phase for the Planning Commission survey has been
scheduled.  These public forums or workshops have been scheduled for Wednesday,
April 27 at 7 pm, and Saturday, April 30, at 10 am at Town Hall.  The public is
encouraged to participate in these meetings.

Community Activities and Recreation Committee

Kathy reported on Bellefonte History Day.  Special thanks to Don McKay who set up his
extensive collection of town and fire company memorabilia, and to everyone who helped
her setup for this event.  She said that quantities of the book "Fox Point Remembered" are
still available.  Anyone interested should contact her.

She reminded everyone about this Saturday's Sidewalk Sale and the upcoming 50s
reunion on April 30th.  She said that the next event that her committee would be working
on would be a Spring/Strawberry Festival.

Old Business

Dave sent a letter to the property owner of 722-24 Phila. Pike and 99 Beeson Rd.
regarding water run-off from his property (complaint 04-12).  The letter gave the owner
until April 11 to produce a written plan for correcting the situation, but no response was
received.  Scott made a motion to refer the matter to the attorney, seconded by Terry,
and the motion was approved unanimously.

Scott made a motion to refer the matter of 603 Melrose regarding water drainage over to
the town attorney, seconded by Terry, and the motion was approved unanimously.

Scott informed the Commission about a discussion that he and Joe Finocchiaro had with
the new owner of 1209 Melrose.  The previous owner did renovations without the
required permit or inspections.  The Commission suggested that a letter be sent to Mr.
MacMillan informing him that no inspection was done by the town on the property and
that the safety of the home could not be assured, and to suggest that he may wish to obtain
legal counsel to assist him in resolving these issues.  Scott will send a letter to him.

The Commission agreed to consult with our attorney about how to proceed against the
previous owner of 1209 Melrose for violation of building zone ordinances.

New Business, Commission

Dave explained that we had received a detailed bid from Facciola & Minster, a law firm
that will provide legal counsel to the Commission.  The firm has two attorneys licensed in
Delaware, one in PA.  They would like the Commission to fund a $2,000 retainer fund,
which they will draw off of for services rendered, to be billed and reimbursed monthly.  
Their fees are $185 per hour.  They disclosed that they have an attorney at their firm who
resides in Bellefonte.  Several people commented that they were not comfortable having
someone who lived in Bellefonte doing town business and that it might create conflicts of
interest.  It was agreed that the Commission would retain the services of Facciola &
Minster, but that Ms. Butler, the Bellefonte resident, be precluded from taking "lead"
position on any case for Bellefonte.  Terry made a motion to authorize the expenditure of
$2,000 to create a retainer fund with Facciola & Minster, and that they be informed that
we do not want Ms. Butler taking lead roles on work for Bellefonte, seconded by Scott,
and the vote was unanimous.

Kathy motioned to close the negotiations or eviction with the tenants of the day care
center with Sullivan & Woods, Terry seconded and the vote was unanimous.

Curt said that he had received no further communication from any resident outside of the
town boundary who was thought to be getting free trash collection.

Dave announced again that the town elections would be held on June 7th at 7 pm at Town
Hall.  The deadline to file to be a candidate for Commission is Sunday, May 1.  Anyone
interested in running should ask Scott MacKenzie for a registration form.

Terry asked that an email complaint about dogs causing damage to someone's garden be
logged.  This complaint was sent to Scott and Terry via email.

Dave asked that a complaint be filed regarding damage to the street done by contractors
working on the Paragon Engineering Building.  Scott will ask Joe to investigate.  Dave said
that the dumpster they dropped while doing renovation further damaged the street and that
they should be held responsible.

New Business, Public

The guttering on either side of Bellefonte Avenue is deteriorating.  The matter will be
referred to DelDot on our list of requests.

Untagged white van at 400 Grove Road.

Unregistered and untagged Lincoln in town parking lot will be tagged for towing.

Bills:
The following bills were read and approved for payment:

Conectiv, Town Hall power - March, $130.56
Conectiv, Street Lights - March, $981.74
Conectiv, Traffic light - March, $39.01
Waste Management, April trash collection, $8,300.09
Scott MacKenzie, Secretarial stipend, $50.00
Kathy MacDonough, Aztec newsletter  - 107.00
Misc supplies - 74.68, $181.68
John E. Sullivan Esq., Lease prep. and revision. 30429, $200.00
Sullivan & Woods, Continued lease negotiations -inv.  #25, $315.00
US Treasury, Taxes withheld for Curt, $1,055.07

Kathy moved that the bills be paid as read, seconded by Terry, and the vote was
unanimous.

Treasurer  and Tax Collector's Report:  Curt Nass read the Treasurer’s and Tax
Collector’s Reports for the period ending 3/31/05 (attachments 1 and 2).  Total
receipts for the month were $2,788.75, and total disbursements were $15,902.79.  The
ending balance in the Town Account for 2/28/05 was $122,603.28.  Total taxes collected
were $1,631.42, of which of $1,195.50 were current taxes and $435.92 were previous
year taxes/fees.  Scott moved to accept the Treasurer's and Tax Collector's Report,
Kathy seconded, and the motion was passed unanimously.

The meeting was adjourned at 10:15.  The next Town Hall meeting will be held on
Monday, May 9, at 7 p.m., Town Hall.

Respectfully submitted,

Scott MacKenzie
Secretary

Town Meeting Minutes - April 11, 2005