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Mayor & Council

Regular Meeting

Smyrna, DE · November 15, 2021

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL November 15, 2021 PUBLIC HEARING The public hearing was called to order at 6:00 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 eliminate the Central Residential Overlay (CRD) district and create a new Downtown Residential (DR) 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 increase the distance that an uncovered deck is permitted to encroach into the rear yard setback. 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 an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the Industrial/Office/Research Park (IORP) district to clarify and expand the uses allowed within the IORP district. Mayor Johnson asked if there is anyone 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. Mayor Johnson closed the public hearing at 6:46 p.m. Mayor and Council Page 2 of 5 November 15, 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 Agenda item 11(i) was removed at the request of staff. Councilwoman Forbes made the motion to approve the agenda as amended. Motion was seconded by Councilwoman Gott and carried unanimously. MINUTES OF PREVIOUS MEETING Councilwoman Forbes made the motion to approve the amendment to the June 1, 2020 Town Council meeting minutes to correct a typographical error to reflect the correct loan amount of $294,400. Motion was seconded by Councilwoman Gott and carried unanimously. Councilwoman Forbes made the motion to approve the regular minutes of October 18, 2021, and the executive session minutes of November 1, 2021, as presented. Motion was seconded by Councilwoman Gott and carried unanimously. REPORTS A. Presiding Officer – Mayor Johnson spoke about the opening of the basketball courts at Green Meadows and Sunnyside Park; Lake Como Woods seems to be moving forward; the implementation of the Munis system; and the upcoming workshop with Council on the 29th we will be discussing what committees do we still need, what committees can we do without. 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 spoke about the PAL program, and the upcoming Christmas festivities on December 12th. D. Town Manager – Mr. Haines spoke about the Munis software migration; the 2020 Audit; and the breakfast that was held for the town employees who are military veterans. Mayor and Council Page 3 of 5 November 15, 2021 E. Commissions – Councilwoman Gott said the Parks & Recreation Committee will meet November 23rd. Councilwoman Forbes said there will not be a Shade Tree Commission meeting this month. Councilman Pressley said the Charter Review Committee may meet in December, and the Public Safety Committee meeting will meet in December. Councilman Rasmussen said the Economic Development Committee will meet December 1st, and the Main Street Coordinating Board met November 10th. Councilman Brown said the Utility Committee will meet November 16th. F. District/Council comments – Councilwoman Mann said she was honored to be able to attend the NFWL Conference with Councilwomen Gott and Forbes. RECOGNITION OF VISITORS Visitors present were Danielle Pope, Travis Stewart, Cassandra Young, Michael Mast, George Fournaris, Michelle, and Jim Klein. A. Presentation of Draft FY2020 Audit by Belfint, Lyons & Shuman – George Fournaris gave a brief presentation of the draft FY2020 Audit. Karen spoke about lighting at the Green Meadows Park, and people playing basketball at all hours, the need for signage at the park with the hours, and snow plowing on North Fairfield. OLD BUSINESS A. Second 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 approve the second reading of Ord. No. 014-21. Motion was seconded by Councilman Brown and carried unanimously. Second 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 – Councilwoman Mann made the motion to approve the second reading of Ord. No. 015-21. Motion was seconded by Councilman Brown. Motion carried with Mayor Johnson, Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Councilwoman Forbes voting against. Mayor and Council Page 4 of 5 November 15, 2021 NEW BUSINESS A. Discussion and acceptance of FY2020 Audit Report – Councilman Brown made the motion to accept the FY2020 Audit Report. Motion was seconded by Councilwoman Mann and carried unanimously. B. Letter from Boys and Girls Club requesting $10,000 – Councilman Rasmussen made the motion to approve the request from the Boys & Girls Club in the amount of $10,000. 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 not voting. C. Consideration of FY2022 budget i. Resolution setting FY2022 tax rate – Councilman Rasmussen made the motion to approve the resolution setting the FY2022 tax rate. Motion was seconded by Councilman Brown and carried unanimously. ii. Resolution adopting FY2022 budget – Councilman Brown made the motion to approve the resolution adopting the FY2022 budget. Motion was seconded by Councilman Rasmussen. Motion carried with Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, Councilwoman Forbes voting against, and Mayor Johnson not voting. D. Ord. No. 018-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate the Central Residential Overlay (CRD) district and create a new Downtown Residential (DR) zoning district – Councilman Rasmussen made the motion to approve Ord. No. 018-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate the Central Residential Overlay (CRD) district and create a new Downtown Residential (DR) zoning district. Motion was seconded by Councilman Brown and carried unanimously. E. Ord. No. 019-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to increase the distance that an uncovered deck is permitted to encroach into the rear yard setback – Councilwoman Mann made the motion to approve Ord. No. 019-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to increase the distance that an uncovered deck is permitted to encroach into the rear yard setback. Motion was seconded by Councilwoman Gott and carried unanimously. F. Ord. No. 020-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the Industrial/Office/Research Park (IORP) district to clarify and expand the uses allowed within the IORP district – Councilman Rasmussen made the motion to approve Ord. No. 020-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the Industrial/Office/Research Park (IORP) district to clarify and expand the uses allowed within the IORP district. Motion was seconded by Councilwoman Mann and carried unanimously. Mayor and Council Page 5 of 5 November 15, 2021 G. First reading, Ord. No. 021-21, an ordinance amending the Town Code of the Town of Smyrna to create procedures for the disposition of surplus property – Councilwoman Forbes made the motion to make this the first reading of Ord. No. 021-21, an ordinance amending the Town Code of the Town of Smyrna to create procedures for the disposition of surplus property. Motion was seconded by Councilman Brown and carried unanimously. H. Personnel Policy Manual Update Amendments – Councilman Rasmussen made the motion to approve the Personnel Policy Manual Update Amendments. Motion was seconded by Councilman Brown and carried unanimously. I. Resolution to set Legislative Fact Finding Hearing for annexation and to consider zoning designation, 5211 DuPont Parkway (Tax Map #15-016.00-229) and 5145 DuPont Parkway (Tax Map #15-016.00-161), Smyrna Ventures, LLC and Wright Investment Enterprises, LP (January 3, 2022 at 6:45 p.m.) – This item was removed from the agenda. J. Award of the Town’s Parks Master Plan project to Lardner Klein Landscape Architects in the amount of $48,069 – Councilman Brown made the motion to approve the award of the Town’s Parks Master Plan project to Lardner Klein Landscape Architects in the amount of $48,069. Motion was seconded by Councilwoman Gott and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes read the Proclamation declaring November 2021 as Pancreatic Cancer Awareness Month into the record. Mayor Johnson read the Proclamation proclaiming November as Lung Cancer Awareness Month into the record. Councilman Rasmussen read the Proclamation proclaiming November 27, 2021, as Small Business Saturday into the record. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:21 p.m. 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: 825 4605 0072 Passcode: 831594 or by visiting Join Zoom Meeting at https://us06web.zoom.us/j/82546050072?pwd=dGk3cXRxK2dlU2J0TDB5RjFQeVVyQT09 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware November 15, 2021 Agenda 1. 6:00 PM – Public hearing to consider: a. An ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate the Central Residential Overlay (CRD) district and create a new Downtown Residential (DR) zoning district b. An ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to increase the distance that an uncovered deck is permitted to encroach into the rear yard setback c. An ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the Industrial/Office/Research Park (IORP) district to clarify and expand the uses allowed within the IORP district 2. 7:00 PM - Call to order – regular meeting 3. Invocation 4. Pledge of Allegiance 5. Roll call 6. Additions/deletions to published agenda 7. Minutes: a. Amendment to June 1, 2020 Town Council meeting minutes to correct a typographical error to reflect the correct loan amount of $294,400 b. Council minutes of 10/18/21 c. Council minutes of 11/01/21 d. Executive session minutes of 11/01/21 8. Reports: a. Presiding officer b. Town attorney c. Police chief d. Town manager e. Committees/Commissions f. District/Council comments 9. Recognition of visitors (for all items) a. Presentation of Draft FY2020 Audit by Belfint, Lyons & Shuman 10. Old business, including discussion and possible action on the following items: a. Second 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 b. Second 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 11. New business, including discussion and possible action on the following items: a. Discussion and acceptance of FY2020 Audit Report b. Letter from Boys and Girls Club requesting $10,000 c. Consideration of FY2022 budget i. Resolution setting FY2022 tax rate ii. Resolution adopting FY2022 budget d. Ord. No. 018-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate the Central Residential Overlay (CRD) district and create a new Downtown Residential (DR) zoning district e. Ord. No. 019-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to increase the distance that an uncovered deck is permitted to encroach into the rear yard setback f. Ord. No. 020-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to revise the Industrial/Office/Research Park (IORP) district to clarify and expand the uses allowed within the IORP district g. First reading, Ord. No. 021-21, an ordinance amending the Town Code of the Town of Smyrna to create procedures for the disposition of surplus property h. Personnel Policy Manual Update Amendments i. Resolution to set Legislative Fact Finding Hearing for annexation and to consider zoning designation, 5211 DuPont Parkway (Tax Map #15-016.00-229) and 5145 DuPont Parkway (Tax Map #15-016.00-161), Smyrna Ventures, LLC and Wright Investment Enterprises, LP (January 3, 2022 at 6:45 p.m.) j. Award of the Town’s Parks Master Plan project to Lardner Klein Landscape Architects in the amount of $48,069* 12. Other council business 13. Adjournment *added when information was provided Posted 11/08/21 at 4:30 PM (#1) Posted 11/09/21 at 3:00 PM (#2) 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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