Mayor & Council

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL October 18, 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 and executive session minutes of October 4, 2021, as presented. Motion was seconded by Councilman Brown and carried unanimously. REPORTS A. Presiding Officer – Mayor Johnson spoke about the Lake Como Woods development. B. Town Attorney – Mr. Edwards said we have a number of items on the agenda tonight and we have a number of ordinances coming up in subsequent meetings, and he did not have anything additional beyond that. C. Police Chief – Chief James said we are doing a very small trunk-or-treat in our parking lot, and we are getting ready for the Christmas festivities that we are going to host. D. Town Manager – Mr. Haines said we are live streaming on Facebook this evening. E. Commissions – Larry Thornton, Chair of the Public Safety Committee, said the committee met October 14th. Councilman Brown said the Utility Committee will meet November 16th. Mayor and Council Page 2 of 4 October 18, 2021 Councilwoman Gott said the Parks & Recreation Committee will meet October 19th. Councilwoman Forbes said the Shade Tree Commission is working on their planting which should be completed next week. F. District/Council comments – There were none. RECOGNITION OF VISITORS Visitors present were George DeBenedictis, Danielle Pope, Lorenzo Merino, Vendell Hampton, J. Little, Michelle, Jon, Freddie Schaber IV, Larry Thornton, Cassandra Young, Travis Stewart, Jeremy Rothwell, Jason McNatt, Kris Mera, Janette Tarafa, and Charlotte Middleton. OLD BUSINESS A. Request from Lillian Smith Senior Center – Councilwoman Forbes made the motion to give $1,000 Lillian Smith Senior Center and also to the Mamie Warren Senior Center. Motion was seconded by Councilman Brown and carried unanimously. B. Third 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 – Councilman Pressley made the motion to approve the third 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. C. Third 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 – Councilman Rasmussen made the motion to approve the third 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 Councilwoman Mann. Motion carried with Councilwomen Forbes and Mann, and Councilmen Rasmussen and Pressley voting for, and Mayor Johnson, Councilwoman Gott, and Councilman Brown voting against. D. Second 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 approve the second 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. Mayor and Council Page 3 of 4 October 18, 2021 NEW BUSINESS A. Agreement with New Castle County regarding real property transfer tax – Councilman Rasmussen made the motion to approve the agreement with New Castle County regarding real property transfer tax. Motion was seconded by Councilman Brown and carried unanimously. B. Resolution authorizing the Smyrna Town Manager to execute Delaware Municipal Electric Corporation, Inc. (DEMEC) member certifications on behalf of the Town of Smyrna and ratifying and confirming the execution of any prior certificates – Councilman Brown made the motion to approve the resolution authorizing the Smyrna Town Manager to execute Delaware Municipal Electric Corporation, Inc. (DEMEC) member certifications on behalf of the Town of Smyrna and ratifying and confirming the execution of any prior certificates. Motion was seconded by Councilwoman Forbes and carried unanimously. C. Approval of Town of Smyrna Revolving Loan Plan – Councilman Rasmussen made the motion to approve the Town of Smyrna Revolving Loan Plan. Motion was seconded by Councilman Brown and carried unanimously. D. Approval of lending agreement with True Access Capital – Councilman Rasmussen made the motion to approve the lending agreement with True Access Capital contingent on the approval of True Access Capital’s attorney and by the Town of Smyrna’s attorney. Motion was seconded by Councilwoman Mann and carried unanimously. E. Request from the Smyrna Redevelopment Authority for replenishment of operational funding – Councilman Pressley made the motion to postpone this until the November 1, 2021, Council meeting. Motion was seconded by Councilman Rasmussen. Motion carried with Councilwomen Gott, Forbes, and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Mayor Johnson not voting. F. Participation in statewide ARPA Legal Services – No motion was made, therefor it failed for lack of motion. G. Resolution establishing a Façade Grant Improvement Program for small businesses to be funded using American Rescue Plan Act funds and authorizing the Town Manager to administer the program – Councilman Rasmussen made the motion to approve the resolution establishing a Façade Grant Improvement Program for small businesses to be funded using American Rescue Plan Act funds and authorizing the Town Manager to administer the program. Motion was seconded by Councilman Brown. After discussion the motion was withdrawn. H. Appeal from Bob Johnson to allow a change in the façade for a new building in the Smyrna Business Park – Councilman Pressley made the motion to approve the appeal from Bob Johnson to allow a change in the façade for a new building in the Smyrna Business Park as recommended. Motion was seconded by Councilman Brown and carried unanimously. Mayor and Council Page 4 of 4 October 18, 2021 I. Presentation of 2022 Draft Budget – Mr. Haines gave a presentation of the 2022 Draft Budget. OTHER COUNCIL BUSINESS There was none. 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 – Councilwoman Forbes 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 Councilman Rasmussen and carried unanimously. Council went into executive session at 8:56 p.m. Councilman Pressley made the motion to come out of executive session. Motion was seconded by Councilman Rasmussen. Council came out of executive session at 9:02 p.m. by unanimous vote. B. Possible action on item discussed in executive session – Councilman Rasmussen made the motion to move forward as he recommended in executive session. Motion was seconded by Councilman Pressley and carried unanimously. ADJOURNMENT Councilman Pressley made the motion to adjourn. Motion was seconded by Councilman Rasmussen. The meeting was adjourned at 9:02 p.m. by unanimous vote. vlh