Mayor & Council
Regular MeetingSmyrna, DE · January 19, 2021
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.
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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.
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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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