Mayor & Council

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL December 6, 2021 PUBLIC HEARING The public hearing was called to order at 6:45 p.m. by Mayor Robert C. Johnson. The public hearing is to consider an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate off-street parking requirements in the Central Commercial (CC) district and to revise the approvals required for residential and mixed-use buildings in the CC 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. Mayor Johnson closed the public hearing at 6:59 p.m. 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 Councilman Brown and carried unanimously. MINUTES OF PREVIOUS MEETING Councilwoman Mann made the motion to approve the regular minutes of November 1, 2021, and November 15, 2021, as presented. Motion was seconded by Councilman Brown and carried unanimously. Mayor and Council Page 2 of 4 December 6, 2021 REPORTS A. Presiding Officer – Mayor Johnson spoke about the workshop that was held; he touched on engineering, and the Audit. B. Town Attorney – Mr. Edwards said we’ve got a number of things on the agenda that we will discuss when they come up. C. Police Chief – Chief James said everyone received a copy of his report and hopefully have had a chance to look at it; he spoke about the event this Sunday and thanked everyone that has agreed to be a part of it, we are ready to go. D. Town Manager – Mr. Haines spoke about yard waste, and he spoke about the Audit. E. Commissions – Councilman Brown said the Utility Committee will meet December 14th. Councilwoman Mann thanked Councilwoman Gott and anyone who helped with the Veterans Ceremony it was really, really nice. Councilman Pressley said there will be no Public Safety Committee meeting or Charter Review Committee meeting this month. Councilwoman Forbes said she had nothing tonight. Councilwoman Gott thanked everyone for helping with the Veterans event, Ms. Heritage, Ms. Sparks, Chief James, and Mr. Haines – she could not have done it without you, and Council. The next Parks & Recreation Committee meeting is going to be in January. Councilman Rasmussen said the Economic Development Committee met December 1st. F. District/Council comments – There were none. RECOGNITION OF VISITORS Visitors present were George DeBenedictis, Jeremy Rothwell, Corrine Upshur, Jason McNatt, John Rutherford, Josh Little, Janette Tarafa, Marissa Catalon, Donald Catalon, Briana Catalon, Kendall Tharp, Olivia Bruno, Marcella Coates, Evie Zerefos, Tracie Bruno, Candace Kelly, and Frederick Schaber IV. Councilwomen Gott and Forbes presented Certificates of Recognition to several Girl Scouts who earned Silver Awards: Olivia Bruno, Markella Coates, and Briana Catalon; and who earned Bronze Awards: Grace Walker, Amelia Kelly, and Alyssa Cahall. Mayor and Council Page 3 of 4 December 6, 2021 Corrine Upshur said she was just checking in to update Council in reference to her community cleanup in October, and to say that she wanted to resume cleanup in the spring. OLD BUSINESS A. Third 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 third 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. Motion was seconded by Councilman Rasmussen and carried unanimously. B. Third 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 third 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 Councilman Brown. Motion carried with Mayor Johnson, Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Councilwoman Forbes voting against. C. Second 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 approve the second reading of Ord. No. 021-21, and ordinance amending the Town Code of the Town of Smyrna to create procedures for the disposition of surplus property. Motion was seconded by Councilwoman Gott and carried unanimously. NEW BUSINESS A. Ord. No. 022-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate off-street parking requirements in the Central Commercial (CC) district and to revise the approvals required for residential and mixed-use buildings in the CC district – Councilman Rasmussen made the motion to approve Ord. No. 022-21, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to eliminate off-street parking requirements in the Central Commercial (CC) district and to revise the approvals required for residential and mixed-use buildings in the CC district. Motion was seconded by Councilwoman Gott and carried unanimously. B. Recommendation from Parks & Recreation Committee regarding circus at George C. Wright Jr. Park in May 2022 – Councilwoman Forbes made the motion to approve the request. Motion was seconded by Councilwoman Gott and carried unanimously. Mayor and Council Page 4 of 4 December 6, 2021 C. Simon’s Corner Regional Pump Station – This was informational only. D. Resolution authorizing the Town to acquire 625 North Main Street, Smyrna, Delaware, further described as TMP# 1-17-00916-01-0200-000, from Duck Creek Historical Society, Inc. for $49,000; authorizing the town manager to execute those documents necessary to effectuate the property acquisition; and authorizing other necessary actions – Councilwoman Forbes made the motion to approve the resolution authorizing the Town to acquire 625 North Main Street, Smyrna, Delaware, further described as TMP# 1-17-00916-01-0200-000, from Duck Creek Historical Society, Inc. for $49,000; authorizing the town manager to execute those documents necessary to effectuate the property acquisition; and authorizing other necessary actions. Motion was seconded by Councilwoman Mann and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes said thank you to everyone who participated and did all the hard work for the Veterans event, it was really nice, her veteran Mr. Shockley sent her a text message afterwards saying how much he really appreciated it and how nice it was. EXECUTIVE SESSION A. Executive session to discuss the content of documents excluded from the definition of public record in 29 Del. C § 10002(L)(17)(a)(7) where such discussion may disclose the contents of such documents – Councilwoman Forbes made the motion to go into executive session to discuss the content of documents excluded from the definition of public record in 29 Del. C § 10002(L)(17)(a)(7) where such discussion may disclose the contents of such documents. Motion was seconded by Councilwoman Mann and carried unanimously. Council went into executive session at 7:43 p.m. Councilwoman Forbes made the motion to come out of executive session. Motion was seconded by Councilwoman Gott. Council came out of executive session at 7:57 p.m. by unanimous vote. ADJOURNMENT Mayor Johnson adjourned the meeting at 7:57 p.m. vlh