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Mayor & Council

Regular Meeting

Smyrna, DE · June 7, 2021

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL June 7, 2021 PUBLIC HEARING The public hearing was called to order by Mayor Johnson at 6:45 p.m. The public hearing to consider an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the requirements for posting public hearing notices on properties when multiple properties are being rezoned and to require notices to be mailed to property owners and adjoining property owners. Mayor Johnson asked if there was anyone to speak in favor. Mr. Rothwell gave a brief overview of the proposed ordinance amendment. Mayor Johnson asked if there was anyone else to speak in favor. No one spoke. Mayor Johnson asked if there was anyone to speak in opposition. No one spoke. Mayor Johnson closed the public hearing at 6:51 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 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 Councilman Brown and carried unanimously. MINUTES OF PREVIOUS MEETING Councilwoman Forbes made the motion to approve the regular and executive session minutes of May 17, 2021, as presented. Motion was seconded by Councilman Rasmussen and carried unanimously. Mayor and Council Page 2 of 4 June 7, 2021 REPORTS A. Presiding Officer – Mayor Johnson said he continues meeting with the Town Manager and this last time they talked about the Covid funding; and he thinks the town is moving in a good direction, financially we are starting to get things a little tighter. B. Town Attorney – Mr. Edwards said spoke about the alley abandonments on Locust Street; and he has been working on the loan that should be closing soon. C. Police Chief – Chief James spoke about the new recruits, and accreditation and thanked Council for their support through this process. D. Town Manager – Mr. Haines spoke about Tyler Munis and said there may be a recommendation as early as the next Council meeting; this Wednesday is another concert in the Municipal Park and we are partnering with the Department of Public Health and have a Covid vaccination event for those who would like to receive the vaccine; he wanted to note that after the last Council meeting regarding 22 South Main Street, he just wanted to confirm that the town has no plans immediately to do any type of renovation or demo of 22 South Main Street, until such time as the library is ready to move forward with their plan and we will follow the code for an historical building when they are ready; he spoke about the ARPA funds; he thanked Council as next week marks his one year anniversary with the town. E. Commissions – Councilwoman Forbes said the Shade Tree Commission will meet June 16th. Councilwoman Gott said the Parks & Recreation Committee will meet June 15th. Councilman Brown said the Utility Committee met May 11th and the next meeting will be June 8th. Councilman Pressley said Personnel Committee will meet June 10th; the Public Safety Committee will meet June 10th; and the Charter and Ordinance Review Committee will meet June 9th. Mayor Johnson said the Audit Committee will meet June 9th; and the Finance Committee will be meeting sometime soon. Councilman Rasmussen said the Economic Development Committee met June 2 and the next meeting will be August 4th; the Main Street Coordinating Board will meet in July, he believes July 7th. F. District/Council comments – Councilwoman Mann said she did not have anything this evening. Mayor and Council Page 3 of 4 June 7, 2021 Councilwoman Gott said she did not have anything else this evening. RECOGNITION OF VISITORS Visitors present were Chris Simmons, Pablo Resto, George DeBenedictis, Jeremy Rothwell, Sonia Spruill, Leslie Jones, and Janette Tarafa. NEW BUSINESS A. Ord. No. 004-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the requirements for posting public hearing notices on properties when multiple properties are being rezoned and to require notices to be mailed to property owners and adjoining property owners – Councilman Rasmussen made the motion to adopt Ord. No. 004-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the requirements for posting public hearing notices on properties when multiple properties are being rezoned and to require notices to be mailed to property owners and adjoining property owners. Motion was seconded by Councilwoman Mann and carried unanimously. B. Request for adjustment from the fence ordinance at 425 Roberts Drive to allow a 6 foot tall fence in a front yard setback – Councilwoman Forbes made the motion to approve the request for adjustment from the fence ordinance at 425 Roberts Drive to allow a 6 foot tall fence in a front yard setback. Motion was seconded by Councilman Rasmussen and carried unanimously. C. Request for waiver to permit the selling and consumption of alcohol at the George C. Wright Jr. Municipal Park on August 28, 2021, for the Smyrna at Night event – Councilwoman Forbes made the motion to approve the request for waiver to permit the selling and consumption of alcohol at the George C. Wright Jr. Municipal Park on August 28, 2021, for the Smyrna at Night event. Motion was seconded by Councilwoman Gott. Motion carried with Mayor Johnson, Councilwomen Gott, Forbes, and Mann, and Councilmen Pressley and Brown voting for, and Councilman Rasmussen abstaining. D. Recommendation from the Utility Committee to complete a 2023-2025 Water/Sewer/Electric Rate Study – Councilman Rasmussen made the motion to recommend the Utility Committee complete a 2023-2025 Water/Sewer/Electric Rate Study. Motion was seconded by Councilman Brown. Motion carried with Councilwomen Gott, Forbes, and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Mayor Johnson abstaining. E. Resolution #010-21, a resolution to submit a request for a Drinking Water Matching Planning Grant to the Water Infrastructure Advisory Council for matching funds to finance the Drinking Water Master Plan – Councilman Rasmussen made the motion to approve Resolution #010-21, a resolution to submit a request for a Drinking Water Matching Planning Grant to the Mayor and Council Page 4 of 4 June 7, 2021 Water Infrastructure Advisory Council for matching funds to finance the Drinking Water Master Plan. Motion was seconded by Councilman Brown and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes requested a two month vendor activity report, and she and Mr. Haines discussed the tree funding for the Tree Master Plan, and she would like those as soon as possible for a meeting next week. EXECUTIVE SESSION A. Executive session for discussion on site acquisitions for any publicly funded capital improvements – Councilwoman Forbes made the motion to go into executive session for discussion on site acquisitions for any publicly funded capital improvements. Motion was seconded by Councilwoman Mann and carried unanimously. Council went into executive session at 8:10 p.m. Councilwoman Mann made the motion to come out of executive session. Motion was seconded by Councilwoman Forbes. Council came out of executive session at 8:37 by unanimous vote. B. Possible action on item discussed in executive session – Councilwoman Forbes made the motion to move forward as discussed in executive session. Motion was seconded by Councilwoman Mann and carried unanimously. ADJOURNMENT Councilwoman Forbes made the motion to adjourn. Motion was seconded by Councilwoman Mann. The meeting was adjourned at 8:38 p.m. by unanimous vote. 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: 928 1701 7516, Passcode: 670771 or by visiting Join Zoom Meeting at https://zoom.us/j/92817017516?pwd=b0NiaXZQWnNJMTlDL0t2OGZHVGpkQT09 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware June 7, 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 revise the requirements for posting public hearing notices on properties when multiple properties are being rezoned and to require notices to be mailed to property owners and adjoining property owners 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 05/17/21 b. Executive session minutes of 05/17/21 8. Reports: a. Presiding officer b. Town attorney c. Police chief d. Town manager e. Commissions 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. 004-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the requirements for posting public hearing notices on properties when multiple properties are being rezoned and to require notices to be mailed to property owners and adjoining property owners b. Request for adjustment from the fence ordinance at 425 Roberts Drive to allow a 6 foot tall fence in a front yard setback c. Request for waiver to permit the selling and consumption of alcohol at the George C. Wright Jr. Municipal Park on August 28, 2021 for the Smyrna at Night event d. Recommendation from the Utility Committee to complete a 2023-2025 Water/Sewer/Electric Rate Study e. Resolution #010-21, a resolution to submit a request for a Drinking Water Matching Planning Grant to the Water Infrastructure Advisory Council for matching funds to finance the Drinking Water Master Plan 11. Other council business 12. Executive session for discussion on site acquisitions for any publicly funded capital improvements* 13. Possible action on item discussed in executive session* 14. Adjournment *added at the request of Town Manager when topic arose Posted 05/28/21 at 4:30 PM (#1) Posted 06/02/21 at 1:30 PM (#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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