Mayor & Council

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL November 1, 2021 PUBLIC HEARING The public hearing was called to order at 5:45 p.m. by Mayor Robert C. Johnson. The first item is an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to create a new Planned Village Community (PVC) zoning district. Mayor Johnson asked if there was anyone present to speak for this item. Mr. Rothwell briefly explained this 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. The next item is an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate the North Corridor (NC) district and the South Corridor (SCZ) district and create a new Corridor Commercial (CCM) zoning district. Mayor Johnson asked if there was anyone present to speak for this item. Mr. Rothwell briefly explained this 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. The last item is 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. Mayor Johnson asked if there is anyone to speak for this item. Mr. Edwards gave a brief explanation. Mayor Johnson asked if there was anyone else to speak in favor. Mr. Long spoke his concerns as he is a resident that this would impact and wanted to know what this means for his property. It was explained that he would be getting additional property. Mayor Johnson asked if there was anyone to speak in opposition. No one spoke. Mayor Johnson closed the public hearing at 6:45 p.m. Mayor and Council Page 2 of 5 November 1, 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 Executive Assistant Danielle Pope. Chief James led the Pledge of Allegiance. Mayor Johnson asked for a moment of silence. ADDITIONS/DELETIONS TO PUBLISHED AGENDA Agenda item 7(a) was removed. MINUTES OF PREVIOUS MEETING Councilwoman Mann made the motion to approve the executive session minutes of October 18, 2021, as presented. Motion was seconded by Councilman Rasmussen and carried unanimously. REPORTS A. Presiding Officer – Mayor Johnson spoke about some businesses that he has spoken with Mr. Haines about; he spoke about the status of the Audit; and he spoke about the Munis system. B. Town Attorney – Mr. Edwards said we’ve got a number of things on the agenda that we will discuss when they come up; we were able to complete the property acquisition at 621 North Main Street. C. Police Chief – Chief James said everyone received a copy of his report; he spoke about the trunk-or-treat/haunted house that they held last evening D. Town Manager – Mr. Haines spoke about the Munis software conversion; and the property on North Main Street. E. Commissions – Councilman Rasmussen said the Economic Development Committee did not meet this month, the Main Street Coordinating Board will meet on November 10 th. Councilwoman Gott said the Parks & Recreation Committee will meet November 16 th. Councilwoman Forbes said eight trees were planted on October 25th. Councilman Pressley said the Charter Review Committee will meet November 5th. Mayor and Council Page 3 of 5 November 1, 2021 Councilman Brown said the Utility Committee will meet November 16th. F. District/Council comments – There were none. RECOGNITION OF VISITORS Visitors present were George DeBenedictis, Jeremy Rothwell, Mr. Long, Donna Carroll, Janette Tarafa, Frederick Schaber IV, Frank Knotts, Pam Knotts, Pat Hennighan, Charlotte Middleton, Susan Wolfe, Nancy Nassau, Lori Alberts, Woody & Karen Gill, and Alex Abbott. Donna Carroll, Fresh Start, spoke about the possibility of them using 22 South Main Street, she gave the results of the survey they had distributed. OLD BUSINESS A. Fresh Start follow-up – This does not need to be addressed. B. Third reading, Ord. No. 013-21, an ordinance amending the Town Code of the Town of Smyrna to establish a lodging tax – Councilwoman Forbes made the motion to approve the third 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 Councilman Rasmussen and carried unanimously. C. Request from the Smyrna Redevelopment Authority for replenishment of operational funding – Councilman Pressley made the motion to give them the amount of money that has been collected in vacant building registration fees from 2018-2021, and then give them the amount that is collected annually going forward. Motion was seconded by Councilwoman Gott. Motion carried with Councilwomen Gott, Forbes, and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Mayor Johnson abstaining. D. 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 establish 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 Councilwoman Forbes made the friendly amendment to make the following changes: someone would not be eligible for ARPA façade grant and a town façade grant, the deadline for when the applications are due is 02/01/22, reduce the amount to $200,000, and final approval is Council. The amendment was seconded by Councilwoman Mann and carried unanimously. The original motion with the friendly amendment carried unanimously. Mayor and Council Page 4 of 5 November 1, 2021 NEW BUSINESS A. Proclamation recognizing November as National Pancreatic Cancer Awareness Month – Councilwoman Forbes made the motion to adopt the proclamation and read it at the next Council meeting. Motion was seconded by Councilwoman Gott and carried unanimously. B. First reading, Ord. No. 014-21, an ordinance amending the Town Code of the Town of Smyrna to increase the income limits for the real property tax exemption for persons 65 years of age or older, effective 2022 – Councilwoman Forbes made the motion to make this the first reading of Ord. No. 014-21, an ordinance amending the Town Code of the Town of Smyrna to increase the income limits for the real property tax exemption for persons 65 years of age or older, effective 2022. Motion was seconded by Councilwoman Mann and carried unanimously. C. First reading, Ord. No. 015-21, an ordinance to amend Chapter 2 (Administration), Article III (Finance), Section 2-70 (Budget Reserve Account) of the Smyrna Town Code to update the permitted uses and minimum balance of the budget reserve account and make other housekeeping changes – Councilman Rasmussen made the motion to make this the first reading of Ord. No. 015-21, an ordinance to amend Chapter 2 (Administration), Article III (Finance), Section 2-70 (Budget Reserve Account) of the Smyrna Town Code to update the permitted uses and minimum balance of the budget reserve account and make other housekeeping changes. Motion was seconded by Councilwoman Gott. Motion carried with Mayor Johnson, Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Councilwoman Forbes voting against. D. Ord. No. 016-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to create a new Planned Village Community (PVC) zoning district – Councilwoman Forbes made the motion to approve Ord. No. 016-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to create a new Planned Village Community (PVC) zoning district. Motion was seconded by Councilman Rasmussen and carried unanimously. E. Ord. No. 017-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate the North Corridor (NC) district and the South Corridor (SCZ) district and create a new Corridor Commercial (CCM) zoning district – Councilwoman Forbes made the motion to approve Ord. No. 017-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate the North Corridor (NC) district and the South Corridor (SCZ) district and create a new Corridor Commercial (CCM) zoning district with the changes discussed during the public hearing. Motion was seconded by Councilman Brown and carried unanimously. F. Resolution 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 the resolution. Motion was seconded by Councilman Rasmussen and carried unanimously. Mayor and Council Page 5 of 5 November 1, 2021 OTHER COUNCIL BUSINESS Councilwoman Forbes thanked Chief James and the Police Department for their haunted house. EXECUTIVE SESSION A. Executive session for the purpose of strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect pending or potential litigation: and B. Preliminary discussions on site acquisitions for publicly funded capital improvements, or sales or lease of real property – Councilwoman Forbes made the motion to go into executive session for the purpose of strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect pending or potential litigation, and for preliminary discussions on site acquisitions for publicly funded capital improvements, or sales or lease of real property. Motion was seconded by Councilwoman Gott and carried unanimously. Council went into executive session at 8:00 p.m. Council came out of executive session at 8:28 p.m. by unanimous vote. C. Possible action on items discussed in executive session – No action was taken. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:28 p.m. vlh