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Mayor & Council

Regular Meeting

Smyrna, DE · March 15, 2021

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL March 15, 2021 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 Town Manager Andrew S. Haines, Chief Torrie James, Attorney D. Barrett Edwards, and Recording Secretary Valerie L. Heritage. Chief James led the Pledge of Allegiance. Mayor Johnson asked for a moment of silence. ADDITIONS/DELETIONS TO PUBLISHED AGENDA Councilwoman Forbes made the motion to approve the agenda as presented. Motion was seconded by Councilwoman Mann and carried unanimously. MINUTES OF PREVIOUS MEETING Councilwoman Forbes made the motion to approve the regular minutes of March 1, 2021 as presented. Motion was seconded by Councilwoman Gott and carried unanimously. REPORTS A. Presiding Officer – Mayor Johnson said he and Mr. Haines have been talking about the Covid money that the town will be getting, and he would like Council’s input on what should be done with the funds; he would like to have the cap removed from the budget reserve so that we can plan for the future. B. Town Attorney – Mr. Edwards said we have a number of things on the agenda tonight and we can speak on those as they come up on the agenda. C. Police Chief – Chief James said we just had the onboarding of the new recruits who will be starting the academy on the 11th; we did swear-in a new officer; we are in the last stages of accreditation and hopefully we will be done around June and we will go for the state accreditation and then the national accreditation. D. Town Manager – Mr. Haines said tomorrow is the USDA Farmers to Families food distribution event; beginning March 29th through April 9th is going to be the spring cleanup; the America Rescue Plan Act was adopted by Congress and authorized by the President and this Act has direct funding to all levels of government, and the Finance Committee will be discussing Mayor and Council Page 2 of 4 March 15, 2021 where the funds should go and will make recommendations to Council; he spoke about possible charter amendments. E. Committees – Councilwoman Forbes said we are going to do a small, just family Arbor Day event. Councilman Pressley said the Charter and Ordinance Review Committee will meet April 15th; and the Personnel Committee will meet April 14th. Councilman Brown said the Utility Committee met virtually March 9th; and the Public Safety Committee will meet March 25th. Councilman Rasmussen said the Main Street Board met virtually March 10th; and the Economic Development Committee will meet virtually April 7th. Councilwoman Gott said the Parks & Recreation Committee will meet March 16th. F. District/Council comments – This was done under the previous item. RECOGNITION OF VISITORS Visitors present virtually were Janette Tarafa, Danielle Pope, George DeBenedictis, Corrine Upshur, and Jeremy Rothwell. Corrine Upshur spoke just to say hello to everyone. OLD BUSINESS A. Second reading, Ord. No. 002-21, an ordinance amending the Town Code of the Town of Smyrna to clarify regulations pertaining to the installation of electric meters and to update the billing, collection, and disconnection procedures for utilities – Councilwoman Forbes made the motion to make this the second reading of Ord. No. 002-21, an ordinance amending the Town Code of the Town of Smyrna to clarify regulations pertaining to the installation of electric meters and to update the billing, collection, and disconnection procedures for utilities. Motion was seconded by Councilman Brown and carried unanimously. B. Second reading, Ord. No. 003-21, an ordinance amending the Town Code of the Town of Smyrna to require yard waste to be deposited in rigid containers and to increase penalties and clarify collection procedures for solid waste collection violations – Councilwoman Forbes made the motion to make this the second reading of Ord. No. 003-21, an ordinance amending the Town Code of the Town of Smyrna to require yard waste to be deposited in rigid containers and to increase penalties and clarify collection procedures for solid waste collection violations. Motion was seconded by Councilwoman Mann and carried unanimously. Mayor and Council Page 3 of 4 March 15, 2021 NEW BUSINESS A. Appointment of Scott Cole to the Board of Adjustment – Councilman Rasmussen made the motion to appoint Scott Cole to the Board of Adjustment. Motion was seconded by Councilman Brown and carried unanimously. B. Certify list of candidates for April 27th election – Councilwoman Forbes made the motion to certify the list of candidates for the April 27 th election. Motion was seconded by Councilwoman Mann and carried unanimously. C. Arbor Day Proclamation – Mr. Haines read the proclamation into the record. D. Town’s acceptance of bill of sale and permanent utility easement from Liborio Christina, LLC to acquire utility improvements and a permanent utility easement within the Christina Apartments property – Councilman Rasmussen made the motion to approve the acceptance of the bill of sale and permanent easement form Liborio Christina, LLC. Motion was seconded by Councilwoman Forbes and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes spoke about a recycle program where someone would collect certain recyclables and have them turned into a picnic table or bench, and they suggested a Recycle Smyrna Red campaign, and asked for Council’s blessing. Councilman Pressley made the motion to have this move forward. Motion was seconded by Councilwoman Mann and carried unanimously. Councilwoman Forbes spoke about the National Foundation for Women Legislators conference that she and Councilwoman Gott attended, along with the NLC conference in 2019 and one of the things that struck her the most was the inspiration that came from being there. Along the process they reached out to her a couple of weeks ago and asked her to be the State Director for the National Foundation for Women Legislators for Delaware, and she accepted. She would like to see the town set aside a line item that is just for this type of training for the National Conference of Women Legislators. Mayor Johnson suggested $10,000 be set aside for Council training and conferences. Councilman Pressley made the motion to have this go to the Finance Committee for consideration. Motion was seconded by Councilman Brown and carried unanimously. EXECUTIVE SESSION A. Executive session to discuss the content of documents excluded from the definition of public record in 29 Del. C § 10002(L)(17)(a)(7) where such discussion may disclose the contents of such documents; B. Executive session to discuss personnel matters in which the names, competency and Mayor and Council Page 4 of 4 March 15, 2021 abilities of individual employees; C. Executive session to discuss the potential acquisition of real property. Councilwoman Forbes made the motion to go into executive session to discuss the content of documents excluded from the definition of public record in 29 Del. C § 10002(L)(17)(a)(7) where such discussion may disclose the contents of such documents; to discuss personnel matters in which the names, competency and abilities of individual employees; and to discuss the potential acquisition of real property. Motion was seconded by Councilwoman Mann and carried unanimously. Council went into executive session at 7:50 p.m. Councilwoman Forbes made the motion to come out of executive session. Motion was seconded by Councilwoman Mann. Council came out of executive session at 8:25 by unanimous vote. D. Possible action on item discussed in executive session regarding the content of documents excluded from the definition of public record – No action was taken. E. Possible action on item discussed in executive session regarding personnel matters – No action was taken. F. Discussion and possible vote on matters discussed in executive session regarding the potential acquisition of real property – No action was taken. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:25 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: 921 7220 4406 or by visiting Join Zoom Meeting at https://zoom.us/j/92172204406?pwd=MEE2MWZpUUVrMDVSbjJXTGpXdjNsdz09 Council Meeting Virtual Meeting March 15, 2021 – 7:00 PM Agenda 1. 7:00 PM - Call to order – regular meeting 2. Invocation 3. Pledge of Allegiance 4. Roll call 5. Additions/deletions to published agenda 6. Minutes: a. Council minutes of 03/01/2021 7. Reports: a. Presiding officer b. Town attorney c. Police chief d. Town manager e. Committees f. District/Council comments 8. Recognition of visitors (for all items) 9. Old business, including discussion and possible action on the following items: a. Second reading, Ord. No. 002-21, an ordinance amending the Town Code of the Town of Smyrna to clarify regulations pertaining to the installation of electric meters and to update the billing, collection, and disconnection procedures for utilities b. Second reading, Ord. No. 003-21, an ordinance amending the Town Code of the Town of Smyrna to require yard waste to be deposited in rigid containers and to increase penalties and clarify collection procedures for solid waste collection violations 10. New business, including discussion and possible action on the following items: a. Appointment of Scott Cole to the Board of Adjustment b. Certify list of candidates for April 27th election c. Arbor Day Proclamation d. Town’s acceptance of bill of sale and permanent utility easement from Liborio Christina, LLC to acquire utility improvements and a permanent utility easement within the Christina Apartments property 11. Other council business 12. Executive session to discuss the content of documents excluded from the definition of public record in 29 Del. C § 10002(L)(17)(a)(7) where such discussion may disclose the contents of such documents. 29 Del. C. § 10004(b)(6). 13. Executive session to discuss personnel matters in which the names, competency and abilities of individual employees. 29 Del. C § 10004(b)(9) 14. Executive session to discuss the potential acquisition of real property. 29 Del. C. Sec. 10004(b)(2)* 15. Possible action on item discussed in executive session regarding the content of documents excluded from the definition of public record in 29 Del. C § 10002(L)(17)(a)(7). 16. Possible action on item discussed in executive session regarding personnel matters 17. Discussion and possible vote on matters discussed in executive session regarding the potential acquisition of real property* 18. Adjournment *added at the request of the Town Manager due to the timeliness of the matter Posted 03/08/21 at 4:30 PM (#1) Posted 03/15/21 at 11:15 AM (#2) 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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