Mayor & Council

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL October 4, 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 September 20, 2021, and the executive session minutes of September 24, 2021, and September 27, 2021, as presented. Motion was seconded by Councilwoman Mann and carried unanimously. REPORTS A. Presiding Officer – Mayor Johnson spoke about a document he received from the Governor’s office that talked about COVID and the ARPA funds. B. Town Attorney – Mr. Edwards said we’ve got a number of ordinances on the agenda that we will discuss when they come up. C. Police Chief – Chief James said everyone received a copy of his report; he thanked everyone who came out to National Night Out. D. Town Manager – Mr. Haines spoke about three large Zoning ordinances that are going to be coming to Council and there is an email asking if Council would like to do a special meeting to consider them or whether Council would prefer to do them before the regular meeting, as these will require a public hearing and then a final vote on them at that meeting – they are not three reading ordinances – please let him know your preference once you have had time to think about Mayor and Council Page 2 of 4 October 4, 2021 it; the fall clean-up starts on Monday, October 11th and goes through the 22nd; the water tower north of Duck Creek will simply state ‘Welcome to Smyrna’. E. Commissions – Councilman Rasmussen said the Economic Development Committee will meet October 6th. Councilwoman Forbes said the Shade Tree Commission will meet tomorrow. Councilman Brown said the Utility Committee will meet October 12th. Councilman Pressley said the Charter Review Committee will meet next month. Councilwoman Gott said the Parks & Recreation Committee will meet October 19th. F. District/Council comments – There were none. RECOGNITION OF VISITORS Visitors present were George DeBenedictis, Danielle Pope, James West, Corrine Upshur, Katie Tabeling, Tom Sayers, Lori Alberts, Donna Carroll, Pat Hennighan, Susan Wolfe, Kathy Castro, Charlotte Middleton, David Thomas, Dawn Shannon, Sharon Shannon, Noah Shannon, Tyler Welsh, Michael Cinalli, Izzy Sener, Warrele Poe, Lia Matthes, Ty’inie James, Lisa Klinger, Dennis Broomell, Ben Jones, Malah Leggett, Robert Leggett, and Frederick N. Schaber IV. A. Shawn Shannon Memorial Skatepark presentation – Dawn Shannon came forward and gave a presentation. B. Presentation from Fresh Start Resource Center to lease 22 South Main Street – came forward and gave a presentation. Corrine Upshur said thank you to Vice Mayor Valerie Forbes for assisting her with their neighborhood clean up that will be on October 16th. OLD BUSINESS A. Second reading, Ord. No. 011-21, An ordinance amending the Town Code of the Town of Smyrna to update regulations regarding the parking of trailers, boats, and off-highway vehicles – Councilwoman Forbes made the motion to make this the second reading of Ord. No. 011-21, An ordinance amending the Town Code of the Town of Smyrna to update regulations regarding the parking of trailers, boats, and off-highway vehicles. Motion was seconded by Councilman Rasmussen and carried unanimously. B. Second reading, Ord. No. 012-21, an ordinance amending the Town Code of the Town of Smyrna to clarify the storage requirements for trash, recycling, and yard waste receptacles Mayor and Council Page 3 of 4 October 4, 2021 – Councilwoman Forbes made the motion to make this the second reading of Ord. No. 012-21, an ordinance amending the Town Code of the Town of Smyrna to clarify the storage requirements for trash, recycling, and yard waste receptacles. Motion was seconded by Councilman Rasmussen and carried unanimously. C. Resolution #015-21 scheduling a public hearing to consider the abandonment of an undeveloped alley situated on the west side of South Locust Street commencing at East Frazier Street and running north towards East Commerce Street – Councilwoman Forbes made the motion to approve resolution #015-21 scheduling a public hearing to consider the abandonment of an undeveloped alley situated on the west side of South Locust Street commencing at East Frazier Street and running north towards East Commerce Street. Motion was seconded by Councilman Rasmussen and carried unanimously. NEW BUSINESS A. Resolution setting date and time for trick-or-treat – Councilwoman Forbes made the motion to approve the resolution setting the date and time for trick-or-treat for October 31st, from 5-8 p.m. Motion was seconded by Councilman Rasmussen and carried unanimously. B. Execution of opioid remediation agreement with State of Delaware and join settlement agreements – Councilman Rasmussen made the motion to approve the execution of the opioid remediation agreement with the State of Delaware and join the settlement agreements. 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. C. Request from Lillian Smith Senior Center – Councilwoman Forbes made the motion: if we have already given $1,000 for 2021 to the Mamie Warren Center to go ahead and give to the Lillian Smith Senior Center. Motion was seconded by Councilman Pressley and carried unanimously. D. First reading, Ord. No. 013-21, an ordinance amending the Town Code of the Town of Smyrna to establish a lodging tax – Councilman Rasmussen made the motion to approve the first reading of Ord. No. 013-21, an ordinance amending the Town Code of the Town of Smyrna to establish a lodging tax. Motion was seconded by Councilwoman Mann and carried unanimously. E. Parks & Recreation Committee proposal for an Art Park at 20 South Delaware Street – Councilwoman Forbes made the motion to approve the art park as requested. Motion was seconded by Councilman Brown and carried unanimously. OTHER COUNCIL BUSINESS Mayor Johnson spoke about a date for a Council workshop. Mayor and Council Page 4 of 4 October 4, 2021 EXECUTIVE SESSION A. Executive session for the purpose of preliminary discussions on site acquisitions for any publicly funded capital improvements, or sales or leases of real property – Councilman Rasmussen made the motion to go into executive session for the purpose of preliminary discussions on site acquisitions for any publicly funded capital improvements, or sales or leases of real property. Motion was seconded by Councilwoman Mann and carried unanimously. Council went into executive session at 8:31 p.m. Councilwoman Mann made the motion to come out of executive session. Motion was seconded by Councilman Rasmussen. Council came out of executive session at 8:49 p.m. 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 Mayor Johnson adjourned the meeting at 8:51 p.m. vlh