Mayor & Council
Regular MeetingSmyrna, DE · July 19, 2021
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.
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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: 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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