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Mayor & Council

Regular Meeting

Smyrna, DE · March 21, 2022

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL March 21, 2022 PUBLIC HEARING The public hearing was opened at 6:45 p.m. by Mayor Robert C. Johnson. The public hearing is to consider an application from Trolley Square Partners, LLC to rezone a 0.12-acre vacant parcel at 310 W. Commerce Street (TM 1-17-01017-03-2700-00001) from R-2 Residential to DR Downtown Residential in the Town of Smyrna to be in compliance with the Town of Smyrna’s Comprehensive Plan. Mayor Johnson asked if there was anyone present to speak for this application. Jeremy Rothwell explained the purpose of the application and the recommendation from the Planning & Zoning Commission. Mr. Edwards asked clarifying questions of Mr. Rothwell. Mayor Johnson asked if there was anyone else to speak for the application. No one spoke. Mayor Johnson asked if there was anyone to speak in opposition. No one spoke. Mayor Johnson closed the public hearing at 6:53 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 Councilman Rasmussen made the motion to approve the agenda as presented. Motion was seconded by Councilman Brown and carried unanimously. CONSENT AGENDA A. Council minutes of 03/07/22 B. Main Street Coordinating Board minutes of 01/12/22 C. Main Street Coordinating Board minutes of 02/17/22 D. Utility Committee minutes of 01/11/22 Councilwoman Mann made the motion to approve the consent agenda as presented. Motion was seconded by Councilwoman Gott and carried unanimously. Mayor and Council Page 2 of 4 March 21, 2022 NON-AGENDA ITEMS A. Mayor and Councilmembers – Mayor Johnson spoke about Juneteenth; his conversation with Mr. Haines regarding some issues with the town such as the computer system that is being installed and how it is coming along, and staff responsibilities; and if anyone would like to serve on a committee to please reach out to Ms. Heritage, we are in need of committee members. Councilman Rasmussen said the Main Street Coordinating Board will meet April 6 th. Councilwoman Gott said the Parks & Recreation Committee will meet April 19th. Councilman Pressley said the Public Safety Committee and the Charter & Ordinance Review Committee will meet next month. Councilman Brown said the Utility Committee met March 8th and the next meeting will be April 12th. B. Police Chief – Chief James spoke about fatal accidents this year being double what they were last year, and you will be seeing more officers on the highway. C. Town Manager – Mr. Haines spoke about the lineup for First Fridays as well as Smyrna at Night; the urban art project on South Delaware Street; the end of April should be the go-live of the town’s new website; and UD fellows internship. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Jeremy Rothwell, Danielle Pope, K. Cormier, Fred Schaber, Michele Williams, Lisa Mair, Jake Mitchell, Tanya Robinson, Samantha Williams, April Solomon-Tate, Steven Wilson, Jamie Gauthier, Beryl Cook, Laurestine Pepper, Fred N. Schaber Jr., Linda Nekarda, and Joseph Wilson. OLD BUSINESS A. Swearing-in of Election Board members – Mayor Johnson swore in Beryl Cook and Joseph Wilson. NEW BUSINESS A. Certify list of candidates for April 26th election – Councilwoman Forbes made the motion to certify the list of candidates for the April 26th election. Motion was seconded by Councilwoman Mann and carried unanimously. Mayor and Council Page 3 of 4 March 21, 2022 B. Set date and time for ‘Meet the Candidates Night’ – Councilwoman Forbes made the motion to hold the Meet the Candidates Night on April 5th, from 6:00 to 8:00 p.m. at the Town Hall. Motion was seconded by Councilman Brown and carried unanimously. C. Arbor Day Proclamation – Councilwoman Forbes read the 2022 Arbor Day Proclamation into the record. D. Appointment of Scott Cole and Fred Schaber to the Finance Committee – Councilwoman Mann made the motion to appoint Scott Cole and Fred Schaber to the Finance Committee. Motion was seconded by Councilman Rasmussen and carried unanimously. E. Smyrna Juneteenth Celebration – This was for discussion. F. Ord. No. 004-22, an ordinance rezoning 310 W. Commerce Street (TM 1-17-01017-03- 2700-00001) from R-2 Residential to DR Downtown Residential in the Town of Smyrna – Councilman Rasmussen made the motion approve Ord. No. 004-22, an ordinance rezoning 310 West Commerce Street from R-2 Residential to DR Downtown Residential in the Town of Smyrna. Motion was seconded by Councilman Brown and carried unanimously. Councilman Brown said he voted in favor because it is in compliance with the Comprehensive Plan. Councilman Rasmussen said he voted in favor because it is in compliance with the Comprehensive Plan. Councilwoman Gott said she voted in favor because it is in compliance with the Comprehensive Plan. Councilwoman Forbes said she voted in favor because it comes with the recommendation of staff. Mayor Johnson said he voted in favor because it comes with the recommendation of staff, and it is in compliance with the Comprehensive Plan. Councilman Pressley said he voted in favor because it comes with the recommendation of staff. Councilwoman Mann said she voted in favor because it is in compliance with the Comprehensive Plan. G. Award of Municipal Parking Lot bid – Councilwoman Mann made the motion to award the Municipal Parking lot bid to A-Del Construction Co. Motion was seconded by Councilwoman Gott and carried unanimously. H. Resolution adopting additions to the tax bill for a property inadvertently omitted from the original list of tax bill additions – Councilman Rasmussen made the motion to approve the Mayor and Council Page 4 of 4 March 21, 2022 resolution adopting addition to the tax bill for a property inadvertently omitted from the original list of tax bill additions. Motion was seconded by Councilman Brown and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes asked for a full report of expenditures for 2020 and 2021. Mr. Haines clarified that the Meet the Candidates night would be held here at Town Hall. Mayor Johnson spoke about Juneteenth PUBLIC COMMENTS – NON-AGENDA ITEMS Corrine Upshur asked how the Meet the Candidates Night worked. Mr. Haines explained that the Council Chamber will be set up with tables and chairs for the candidates to meet with residents that night, an open house type event. EXECUTIVE SESSION A. Executive session to discuss the potential acquisition of real property; B. Executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed – Councilwoman Mann made the motion to go into executive session to discuss the potential acquisition of real property; and to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed. Motion was seconded by Councilwoman Gott. Council went into executive session at 8:10 p.m. by unanimous vote. Councilman Rasmussen made the motion to come out of executive session. Motion was seconded by Councilwoman Gott. Council came out of executive session at 9:01 p.m. by unanimous vote. C. Possible action on matters discussed in executive session regarding the potential acquisition of real property; D. Possible action on personnel matter discussed in executive session – Councilman Pressley made the motion to move forward as he recommended in executive session, for both items. Motion was seconded by Councilwoman Gott and carried unanimously. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:01 p.m. vlh

Agenda

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL March 21, 2022 PUBLIC HEARING The public hearing was opened at 6:45 p.m. by Mayor Robert C. Johnson. The public hearing is to consider an application from Trolley Square Partners, LLC to rezone a 0.12-acre vacant parcel at 310 W. Commerce Street (TM 1-17-01017-03-2700-00001) from R-2 Residential to DR Downtown Residential in the Town of Smyrna to be in compliance with the Town of Smyrna’s Comprehensive Plan. Mayor Johnson asked if there was anyone present to speak for this application. Jeremy Rothwell explained the purpose of the application and the recommendation from the Planning & Zoning Commission. Mr. Edwards asked clarifying questions of Mr. Rothwell. Mayor Johnson asked if there was anyone else to speak for the application. No one spoke. Mayor Johnson asked if there was anyone to speak in opposition. No one spoke. Mayor Johnson closed the public hearing at 6:53 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 Councilman Rasmussen made the motion to approve the agenda as presented. Motion was seconded by Councilman Brown and carried unanimously. CONSENT AGENDA A. Council minutes of 03/07/22 B. Main Street Coordinating Board minutes of 01/12/22 C. Main Street Coordinating Board minutes of 02/17/22 D. Utility Committee minutes of 01/11/22 Councilwoman Mann made the motion to approve the consent agenda as presented. Motion was seconded by Councilwoman Gott and carried unanimously. Mayor and Council Page 2 of 4 March 21, 2022 NON-AGENDA ITEMS A. Mayor and Councilmembers – Mayor Johnson spoke about Juneteenth; his conversation with Mr. Haines regarding some issues with the town such as the computer system that is being installed and how it is coming along, and staff responsibilities; and if anyone would like to serve on a committee to please reach out to Ms. Heritage, we are in need of committee members. Councilman Rasmussen said the Main Street Coordinating Board will meet April 6th. Councilwoman Gott said the Parks & Recreation Committee will meet April 19th. Councilman Pressley said the Public Safety Committee and the Charter & Ordinance Review Committee will meet next month. Councilman Brown said the Utility Committee met March 8th and the next meeting will be April 12th. B. Police Chief – Chief James spoke about fatal accidents this year being double what they were last year, and you will be seeing more officers on the highway. C. Town Manager – Mr. Haines spoke about the lineup for First Fridays as well as Smyrna at Night; the urban art project on South Delaware Street; the end of April should be the go-live of the town’s new website; and UD fellows internship. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Jeremy Rothwell, Danielle Pope, K. Cormier, Fred Schaber, Michele Williams, Lisa Mair, Jake Mitchell, Tanya Robinson, Samantha Williams, April Solomon-Tate, Steven Wilson, Jamie Gauthier, Beryl Cook, Laurestine Pepper, Fred N. Schaber Jr., Linda Nekarda, and Joseph Wilson. OLD BUSINESS A. Swearing-in of Election Board members – Mayor Johnson swore in Beryl Cook and Joseph Wilson. NEW BUSINESS A. Certify list of candidates for April 26th election – Councilwoman Forbes made the motion to certify the list of candidates for the April 26th election. Motion was seconded by Councilwoman Mann and carried unanimously. Mayor and Council Page 3 of 4 March 21, 2022 B. Set date and time for ‘Meet the Candidates Night’ – Councilwoman Forbes made the motion to hold the Meet the Candidates Night on April 5th, from 6:00 to 8:00 p.m. at the Town Hall. Motion was seconded by Councilman Brown and carried unanimously. C. Arbor Day Proclamation – Councilwoman Forbes read the 2022 Arbor Day Proclamation into the record. D. Appointment of Scott Cole and Fred Schaber to the Finance Committee – Councilwoman Mann made the motion to appoint Scott Cole and Fred Schaber to the Finance Committee. Motion was seconded by Councilman Rasmussen and carried unanimously. E. Smyrna Juneteenth Celebration – This was for discussion. F. Ord. No. 004-22, an ordinance rezoning 310 W. Commerce Street (TM 1-17-01017-03- 2700-00001) from R-2 Residential to DR Downtown Residential in the Town of Smyrna – Councilman Rasmussen made the motion approve Ord. No. 004-22, an ordinance rezoning 310 West Commerce Street from R-2 Residential to DR Downtown Residential in the Town of Smyrna. Motion was seconded by Councilman Brown and carried unanimously. Councilman Brown said he voted in favor because it is in compliance with the Comprehensive Plan. Councilman Rasmussen said he voted in favor because it is in compliance with the Comprehensive Plan. Councilwoman Gott said she voted in favor because it is in compliance with the Comprehensive Plan. Councilwoman Forbes said she voted in favor because it comes with the recommendation of staff. Mayor Johnson said he voted in favor because it comes with the recommendation of staff, and it is in compliance with the Comprehensive Plan. Councilman Pressley said he voted in favor because it comes with the recommendation of staff. Councilwoman Mann said she voted in favor because it is in compliance with the Comprehensive Plan. G. Award of Municipal Parking Lot bid – Councilwoman Mann made the motion to award the Municipal Parking lot bid to A-Del Construction Co. Motion was seconded by Councilwoman Gott and carried unanimously. H. Resolution adopting additions to the tax bill for a property inadvertently omitted from the original list of tax bill additions – Councilman Rasmussen made the motion to approve the Mayor and Council Page 4 of 4 March 21, 2022 resolution adopting addition to the tax bill for a property inadvertently omitted from the original list of tax bill additions. Motion was seconded by Councilman Brown and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes asked for a full report of expenditures for 2020 and 2021. Mr. Haines clarified that the Meet the Candidates night would be held here at Town Hall. Mayor Johnson spoke about Juneteenth PUBLIC COMMENTS – NON-AGENDA ITEMS Corrine Upshur asked how the Meet the Candidates Night worked. Mr. Haines explained that the Council Chamber will be set up with tables and chairs for the candidates to meet with residents that night, an open house type event. EXECUTIVE SESSION A. Executive session to discuss the potential acquisition of real property; B. Executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed – Councilwoman Mann made the motion to go into executive session to discuss the potential acquisition of real property; and to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed. Motion was seconded by Councilwoman Gott. Council went into executive session at 8:10 p.m. by unanimous vote. Councilman Rasmussen made the motion to come out of executive session. Motion was seconded by Councilwoman Gott. Council came out of executive session at 9:01 p.m. by unanimous vote. C. Possible action on matters discussed in executive session regarding the potential acquisition of real property; D. Possible action on personnel matter discussed in executive session – Councilman Pressley made the motion to move forward as he recommended in executive session, for both items. Motion was seconded by Councilwoman Gott and carried unanimously. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:01 p.m. vlh

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