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Mayor & Council

Regular Meeting

Smyrna, DE · January 19, 2021

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL January 19, 2021 PUBLIC HEARING The public hearing was opened by Vice Mayor Valerie M. Forbes at 6:45 p.m. The public hearing is to consider an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to update the setback requirements for townhouses, apartment dwellings, and commercial/office buildings in the Planned Village Community conditional use option. Vice Mayor Forbes asked if there was anyone to speak in favor. Mr. Rothwell gave a brief overview of the proposed ordinance. Vice Mayor Forbes asked is there was anyone to speak in opposition. No one spoke. Vice Mayor Forbes asked if there were any questions. Councilwoman Gott asked if this was for all townhouses going forward or is it for this specific development. Mr. Rothwell said any project which uses the Planned Village Community standards will be subject to these regulations. Councilwoman Mann asked if there would be any instance where someone would not want the reduce side yard setback. Mr. Rothwell said the applicant could do 10 feet or 15 feet or 20 feet if they so choose, and it is reducing the the front yard setback for townhouse and apartment dwellings to between 6 feet and 20 feet from the sidewalk – the existing standards at between 10 feet and 20 feet. Councilwoman Gott asked if this would in any way interfere with easements the town needs. Mr. Rothwell said in the Planned Village Community developments the code requires that townhouses and apartment dwellings be served by rear access alleys, and most developments that have those problems are not served by rear access alleys. Utilities will be served from the front of the dwellings. Vice Mayor Forbes closed the public hearing at 6:56 p.m. REGULAR MEETING The meeting was called to order by Mayor Robert C. Johnson at 7:00 p.m. Council members present were Michael A. Rasmussen, Tabitha J. Gott, Valerie M. Forbes, William D. Pressley Sr., Margaret B. Mann, and Gerald L. Brown. Also present were Finance Director Cassandra Young, Chief Torrie James, Attorney D. Barrett Edwards, and Recording Secretary Valerie L. Heritage. Town Manager Andrew S. Haines Mayor and Council Page 2 of 4 January 19, 2021 was excused. Mayor Johnson asked Chief James to lead the Pledge of Allegiance. Mayor Johnson asked everyone for moment of silence. ADDITIONS/DELETIONS TO PUBLISHED AGENDA Vice Mayor Forbes made the motion to approve the agenda as presented. Motion was seconded by Councilwoman Mann and carried unanimously. MINUTES OF PREVIOUS MEETING Councilwoman Mann made the motion to approve the regular minutes of January 4, 2021 as presented. Motion was seconded by Councilwoman Gott and carried unanimously. REPORTS A. Presiding Officer – Mayor Johnson said he did reach out to the state about getting a COVID-19 testing site here in Smyrna, so hopefully we can get on here; he did talk with Mr. Haines about the system, which he will talk about a little later, he knows they are making some good changes in the accounting system where the business licenses are pretty much automated in the system now. Ms. Young said we had training and were able to automate that process and that was done last Friday. Mayor Johnson asked Ms. Young to speak about the utility bill because he has been getting some calls from residents saying they do not have enough time. Ms. Young clarified that bill were previously due on the 20th of the month and we have now changed that to the 6th so the January bill will be due February 6th, but that falls on a weekend so they will be due the 8th of February. B. Town Attorney – Mr. Edwards said he did not have anything at this time. C. Police Chief – Chief James said he did get his end of year report that is uploaded in Boardpaq, it is pretty extensive, and it will be posted on our website for the public to see. We are doing well with the hiring process; we are in the second phase of that and hopefully we will have that taken care of in the next couple of weeks. D. Town Manager – There was no report. E. Commissions – Councilman Brown said the Utility Committee met virtually on January 12 and the next meeting will be February 9th. th Councilman Pressley said the Personnel Committee meeting was cancelled; and the Public Safety Committee meeting was cancelled. Mayor Johnson said the Finance Committee will meet in February. Mayor and Council Page 3 of 4 January 19, 2021 Councilman Rasmussen said the Economic Development Committee will meet February 3rd. F. District/Council comments – Councilwoman Gott thanked Mr. McNatt for taking care of Locust Street. She has had some calls about trash and Ms. Pope has been amazing about taking the ball and running with it and taking care of that and she really appreciates that. She received calls about the utility bills, and she used the guideline and template they were given and took care of the concerns, it was a win, win. She received calls about Main Street – signage and lines, and between Chief James and Mr. McNatt they were able to take care of that. Councilwoman Mann said she is doing well and is ready to get back to work. RECOGNITION OF VISITORS Visitors present virtually were Jason McNatt, William Coates, Danielle Pope, James Taylor, George DeBenedictis, Todd Frey, Steven Lewandowski, Dwight Walters, Chris Bendza, Don Barbato, Annette McAllister, and Larry Scott. William Coates spoke about standing water in his back yard in the Hickory Hollow subdivision. NEW BUSINESS A. Ord. No. 001-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to update the setback requirements for townhouses, apartment dwellings, and commercial/office buildings in the Planned Village Community conditional use option – Vice Mayor Forbes made the motion to approve Ord. No. 001-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to update the setback requirements for townhouses, apartment dwellings, and commercial/office buildings in the Planned Village Community conditional use option for discussion. Motion was seconded by Councilman Brown. Motion carried with Mayor Johnson, Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Vice Mayor Forbes voting against. B. Senior Citizen Tax Exemption for 2021 – Vice Mayor Forbes made the motion to approve the Senior Citizen Tax Exemption for 2021 and it remain the same as in 2020. Motion was seconded by Councilwoman Mann and carried unanimously. C. Set time and place for the April 27, 2021 Town of Smyrna election – This item was postponed until the February 1st meeting. D. Appointment of Councilwoman Tabitha Gott to the KEP Board – Vice Mayor Forbes made the motion to approve the appointment of Councilwoman Tabitha Gott to the KEP Board. Motion was seconded by Councilwoman Mann and carried unanimously. Mayor and Council Page 4 of 4 January 19, 2021 E. Resolution designating pension plan trustees – Vice Mayor Forbes made the motion to approve the resolution designating the pension plan trustees as presented. Motion was seconded by Councilwoman Mann and carried unanimously. F. Appointment of professional engineering services – Vice Mayor Forbes made the motion to approve the appointment of professional engineering services as outlined by staff. Motion was seconded by Councilman Brown and carried unanimously. OTHER COUNCIL BUSINESS Mayor Johnson thanked Vice Mayor Forbes for taking over for him during the public hearing portion of the meeting and also thanked everyone for the tremendous job that is being done by the Council members and staff and everyone, he really appreciates everyone for what they have been doing. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:29 p.m. vlh

Agenda

MEMBERS OF THE PUBLIC WILL BE PERMITTED TO PARTICIPATE IN THIS MEETING by teleconference by calling 1-301-715-8592 and entering Meeting ID number: 914 9286 2936 or by visiting Join Zoom Meeting at https://zoom.us/j/91492862936?pwd=d3ZOUy81cGVnQ2VlODZCMnEyOFdZdz09 Council Meeting Virtual Meeting January 19, 2021 Agenda 1. 6:45 PM – Public hearing to consider an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to update the setback requirements for townhouses, apartment dwellings, and commercial/office buildings in the Planned Village Community conditional use option 2. 7:00 PM - Call to order – regular meeting 3. Invocation 4. Pledge of Allegiance 5. Roll call 6. Additions/deletions to published agenda 7. Minutes a. Council minutes of 01/04/21 8. Reports: a. Presiding officer b. Town attorney c. Police chief d. Town manager e. Committees f. District/Council comments 9. Recognition of visitors (for all items) 10. New business, including discussion and possible action on the following items: a. Ord. No. 001-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to update the setback requirements for townhouses, apartment dwellings, and commercial/office buildings in the Planned Village Community conditional use option b. Senior Citizen Tax Exemption for 2021 c. Set time and place for the April 27, 2021 Town of Smyrna election d. Appointment of Councilwoman Tabitha Gott to the KEP Board e. Resolution designating pension plan trustees f. Appointment of professional engineering services 11. Other council business 12. Adjournment Posted 01/12/21 at 4:30 PM (#1) NOTE: This agenda as listed may not be considered in sequence. This agenda is subject to change to include additional items, including Executive Sessions, and/or deletion of items, including Executive Sessions that arise at time of meeting.

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