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Mayor & Council

Regular Meeting

Smyrna, DE · July 19, 2021

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL July 19, 2021 REGULAR MEETING The meeting was called to order by Vice Mayor Valerie M. Forbes at 7:00 p.m. Council members present were Robert C. Johnson, Michael A. Rasmussen, Tabitha J. Gott, 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. ADDITIONS/DELETIONS TO PUBLISHED AGENDA Councilwoman Gott made the motion to approve the agenda as presented. Motion was seconded by Councilwoman Mann and carried unanimously. MINUTES OF PREVIOUS MEETING Councilman Brown made the motion to approve the regular and executive session minutes of July 6, 2021, as presented. Motion was seconded by Councilwoman Mann and carried unanimously. REPORTS A. Presiding Officer – Vice Mayor Forbes and Mayor Johnson did not have anything tonight. B. Town Attorney – Mr. Edwards said there are a number of things on the agenda this evening and we can discuss them as they come up on the agenda. C. Police Chief – Chief James said he did not have a lot to report on. D. Town Manager – Mr. Haines spoke about Senate Bill 124, Senate Bill 94, and Senate Bill 15; the basketball courts were all roughed in last week and weather permitting we should have them paved this week, and most importantly the poles were delivered last week, so the goal is to have them up and going by the end of the month; and he spoke about Smyrna at Night on August 28th, and the Music Crawl on August 27th. Mayor and Council Page 2 of 4 July 19, 2021 E. Committees – Councilman Brown said the Utility Committee met June 8th, and the next meeting will be July 20th. Councilman Pressley said the Personnel Committee met last week, and the next meeting will be August 12th; and the Charter Review Committee met last week, and the next meeting will be August 11th. Vice Mayor Forbes said the Shade Tree Commission will meet July 21st. Councilwoman Gott said the Parks & Recreation Committee will meet July 20th. Councilman Rasmussen said the Main Street Coordinating Board met July 7th and the next meeting will be in September; and the Economic Development Committee will meet August 4th. F. District/Council comments – Councilwoman Mann said she did not have a committee report, but she did have an announcement and that is you may not be aware that the Smyrna- Clayton area now has a new girls troop unit of the Boy Scouts of America, and they have formed troop 1910 and they are a fully sanctioned troop for girls ages 11-17, she thinks, and they are looking for girls who are interested in the Boy Scouts philosophy of scouting which is a little different from Girl Scouts, and they are actively recruiting young ladies from the area as well as adults from the area who would like to help out. RECOGNITION OF VISITORS Visitors present were M. Williams, Karlett Walker, Sonia Spruill, George DeBenedictis, Janette Tarafa, Jason McNatt, Danielle Pope, Bernard Williams, Cassandra Young, Jeremy Rothwell, Barry A. Milburn Sr., Brian Milburn, Frederick Schaber, Karen Hall, and Roy Hern. Karen Hall spoke about the placement of the basketball court, heroin use, shootings, no fence, gang fights, and drugs near her home. Mayor Johnson and Vice Mayor Forbes said they will talk with Chief James about this, and Mr. Haines said he would investigate the feasibility of moving the basketball court in the other direction. Brian Milburn spoke about a community cookout and a park permit, and he wanted to know what he had to do to make this happen. Chief James explained to Mr. Milburn exactly what was needed, and said that he has told him this information before and read from the portion of the Code that relates to this. Mr. Milburn spoke at the same time as Chief James and was not the recoding was inaudible. Vice Mayor Forbes said now that Mr. Milburn knows what needs to be done and now he needs to get in touch with Chief James. Barry Milburn spoke saying this would be beneficial, but this seems prejudicial. Chief James said he would love to play the recording of a phone call that he had with Brian Milburn where he said he did not have a problem with this but a permit was needed. Vice Mayor Mayor and Council Page 3 of 4 July 19, 2021 Forbes said she had asked Brian to reach out to her after the last gathering in 2019, but Brian never did. Barry Milburn said he would try to get more involved with this. Vice Mayor Forbes said we would welcome that. OLD BUSINESS A. Second reading, Ord. No. 005-21, an ordinance amending Chapter 18 (“Buildings and Building Regulations”), Article XII (“Redevelopment Authority”), Division 3 (“Façade Improvement Matching Grant Program”) to restrict grants to properties situated within the redevelopment focus area, to establish different grant amounts for different classifications of properties, and to make other housekeeping changes – Councilman Rasmussen made the motion to approve the second reading of Ord. No. 005-21, an ordinance amending Chapter 18 (“Buildings and Building Regulations”), Article XII (“Redevelopment Authority”), Division 3 (“Façade Improvement Matching Grant Program”) to restrict grants to properties situated within the redevelopment focus area, to establish different grant amounts for different classifications of properties, and to make other housekeeping changes. Motion was seconded by Councilman Brown. After discussion, Councilman Rasmussen made the amendment to include item 12. signage as an allowable, reimbursable item. Motion was seconded by Councilman Brown. The amendment carried with Vice Mayor Forbes, Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Mayor Johnson abstaining. The original motion with the amendment carried with Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, Vice Mayor Forbes voting against, and Mayor Johnson abstaining. B. Second reading, Ord. No. 007-21, an ordinance amending the town code of the town of smyrna to establish the observation of those holidays specified in the personnel policy manual and collective bargaining agreements – Councilwoman Mann made the motion to approve the second reading of Ord. No. 007-21, an ordinance amending the town code of the town of smyrna to establish the observation of those holidays specified in the personnel policy manual and collective bargaining agreements. Motion was seconded by Councilman Brown and carried unanimously. NEW BUSINESS A. Adoption of Resolution No. 011-21, a resolution adopting the 2020 Town of Smyrna Comprehensive Plan – Councilman Rasmussen made the motion to approve the adoption of Resolution No. 011-21, a resolution adopting the 2020 Town of Smyrna Comprehensive Plan. Motion was seconded by Councilwoman Mann. After discussion, Councilman Rasmussen made the amendment to leave the property located at 129 North Union Street to be designated as originally intended as Employment Center. Motion was seconded by Councilman Pressley and carried unanimously. The original motion with the amendment carried unanimously. B. Forwarding to the Smyrna Planning and Zoning Commission for consideration and recommendation Ord. 008-21, an ordinance amending the Smyrna Subdivision and Land Mayor and Council Page 4 of 4 July 19, 2021 Development Ordinance by creating new defined terms, updating bonding and open space requirements, requiring grading/excavating permits, and making other clarifying changes – Councilman Pressley made the motion to forward Ord. No. 008-21, an ordinance amending the Smyrna Subdivision and Land Development Ordinance by creating new defined terms, updating bonding and open space requirements, requiring grading/excavating permits, and making other clarifying changes to the Planning & Zoning Commission for consideration and recommendation. Motion was seconded by Councilwoman Gott and carried unanimously. C. Appointment of Jessie Miller and Larry Scott to the Parks & Recreation Committee – Councilwoman Gott made the motion to approve the appointment of Jessie Miller and Larry Scott to the Parks & Recreation Committee. Motion was seconded by Councilman Brown and carried unanimously. OTHER COUNCIL BUSINESS There was none. EXECUTIVE SESSION A. Executive session for discussion on site acquisitions for any publicly funded capital improvements – Councilwoman Mann made the motion to go into executive session for discussion on site acquisitions for any publicly funded capital improvements. Motion was seconded by Councilman Rasmussen and carried unanimously. Council went into executive session at 8:04 p.m. Councilwoman Mann made the motion to come out of executive session. Motion was seconded by Councilman Brown. Council came out of executive session at 8:26 by unanimous vote. B. Possible action on item discussed in executive session – Councilman Pressley made the motion to move forward as presented in executive session. Motion was seconded by Councilwoman Gott and carried unanimously. ADJOURNMENT Councilwoman Gott made the motion to adjourn. Motion was seconded by Councilman Pressley. The meeting was adjourned at 8:27 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: 811 1638 0394 Passcode: 972332 or by visiting Join Zoom Meeting at https://us06web.zoom.us/j/81116380394?pwd=M05UUnZrOEpFUm51SkZZMEw2WTZLQT09 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware July 19, 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 07/06/21 b. Executive session minutes of 07/06/21 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. 005-21, an ordinance amending Chapter 18 (“Buildings and Building Regulations”), Article XII (“Redevelopment Authority”), Division 3 (“Façade Improvement Matching Grant Program”) to restrict grants to properties situated within the redevelopment focus area, to establish different grant amounts for different classifications of properties, and to make other housekeeping changes b. Second reading, Ord. No. 007-21, an ordinance amending the town code of the town of smyrna to establish the observation of those holidays specified in the personnel policy manual and collective bargaining agreements 10. New business, including discussion and possible action on the following items: a. Adoption of Resolution No. 011-21, a resolution adopting the 2020 Town of Smyrna Comprehensive Plan b. Forwarding to the Smyrna Planning and Zoning Commission for consideration and recommendation Ord. 008-21, an ordinance amending the Smyrna Subdivision and Land Development Ordinance by creating new defined terms, updating bonding and open space requirements, requiring grading/excavating permits, and making other clarifying changes c. Appointment of Jessie Miller and Larry Scott to the Parks & Recreation Committee 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 Posted 07/12/21 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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