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Mayor & Council

Regular Meeting

Smyrna, DE · June 20, 2022

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL June 20, 2022 PUBLIC HEARING The public hearing was opened by Mayor Robert C. Johnson at 6:45 p.m. The public hearing is to consider rezoning a 1.0-acre vacant parcel at along South Dupont Blvd., TM 1-17-01900-01-4802-00001, from SCZ – South Corridor to CCM – Corridor Commercial in the Town of Smyrna to comply with the Town of Smyrna’s 2020 Comprehensive Plan. Mayor Johnson asked if there was anyone to speak in favor of this request. Jeremy Rothwell gave a brief synopsis of the request. Mayor Johnson asked if there was anyone else to speak in favor of this request. No one spoke. Mayor Johnson asked if there was anyone to speak in opposition of the request. No one spoke. Mayor Johnson closed the public hearing at 6:47 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 Councilwoman Gott and carried unanimously. CONSENT AGENDA A. Council minutes of 06/06/22 B. Executive session minutes of 06/06/22 C. Main Street Coordinating Board minutes of 04/06/22 Mayor and Council Page 2 of 5 June 20, 2022 Councilwoman Mann made the motion to approve the consent agenda as presented. Motion was seconded by Councilman Brown and carried unanimously. NON-AGENDA ITEMS A. Mayor and Councilmembers – Mayor Johnson spoke about the finance report and the implementation of the new software, and he asked Mr. Haines to update everyone on the implementation. Mayor Johnson spoke about Juneteenth; a resident in Hickory Hollow; and Smyrna at Night. Councilman Brown said the Utility Committee meeting was cancelled this month; he read a proclamation honoring Barbara Bilbrough into the record and presented it to her daughter. Councilwoman Mann thanked Mr. Haines, Chief James, and all town employees for their hard work for Smyrna at Night. Councilman Pressley said the Charter & Ordinance Review Committee will meet July 20th. Councilwoman Forbes said she had nothing. Councilwoman Gott said the Parks & Recreation Committee will meet June 21st. Councilman Rasmussen said the Main Street Coordinating Board will meet July 6th. Chief James said the Public Safety Committee met June 9th and the next meeting will be July 7th. B. Police Chief – Chief James spoke about he and a few officers will be attending the funeral for the officer from Maryland tomorrow; and Saturday he will be attending a Masonic Lodge event where they are honoring a few of them. C. Town Manager – Mr. Haines spoke about Smyrna at Night and how he had the pleasure of working with the behind-the-scenes crew of Danielle Pope, Amanda Sparks, Alyssa Carney, Jason McNatt and his crew, and how it all came together with the good weather to have a successful event. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Danielle Pope, Frederick Schaber IV, John Behrens, Shelly Cecchett, Corrine Upshur, Ben Muldrow, Onaldo E. Pedro, Linda A. Pedro, Carl Thomas, Karen Thomas, Flo Dallas, Therese Rourke, Douglas Burns, and Raven Gurczenski. Mayor and Council Page 3 of 5 June 20, 2022 OLD BUSINESS A. Third reading Ord. No. 005-22, an ordinance amending the Town Code of the Town of Smyrna to establish a Compensation Committee – Councilwoman Forbes made the motion to approve the third reading of Ord. No. 005-22, an ordinance amending the Town Code of the Town of Smyrna to establish a Compensation Committee. Motion was seconded by Councilman Brown and carried unanimously. NEW BUSINESS A. Swearing-in of Florence Dallas and Raven Gurczenski as Code Enforcement Officials – Mayor Johnson swore-in Florence Dallas and Raven Gurczenski as Code Enforcement Officials. B. Ord. No. 006-22, an ordinance to rezone a 1.0-acre vacant parcel at along South Dupont Blvd. (TM 1-17-01900-01-4802-00001) from SCZ – South Corridor to CCM – Corridor Commercial in the Town of Smyrna – Councilman Rasmussen made the motion to approve Ord. No. 006-22, an ordinance to rezone a 1.0-acre vacant parcel at along South Dupont Blvd., TM 1-17-01900-01- 4802-00001, from SCZ – South Corridor to CCM – Corridor Commercial in the Town of Smyrna. Motion was seconded by Councilwoman Gott and carried unanimously. Mayor Johnson said he voted in favor because it is in compliance with the Comprehensive Plan, and it comes with the recommendation of staff. Councilman Pressley said he voted in favor because it comes with the recommendation of staff. Councilwoman Mann said she voted in favor based on the recommendation from staff and the Comprehensive Plan. Councilman Brown said he voted in favor based on staff’s recommendation and the Comprehensive Plan. Councilwoman Forbes said she voted in favor as it will bring it in line with our Comprehensive Plan. Councilwoman Gott said she voted in favor because it comes with the recommendation of staff. Councilman Rasmussen said he voted in favor because it comes with the recommendation of staff and alignment with the Comprehensive Plan. C. Request from Boys & Girls Club for 2022 financial support ($10,000) – Councilman Rasmussen made the motion to approve the request from the Boys & Girls Club for 2022 financial support in the amount of $10,000. Motion was seconded by Councilwoman Gott. Motion carried Mayor and Council Page 4 of 5 June 20, 2022 with Councilwomen Gott, Forbes, and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Mayor Johnson abstaining. D. Resolution authorizing the incurrence of indebtedness through the issuance of General Obligation 2022 Bonds in an amount up to $10,000,000 to finance Public Works Projects and scheduling a public hearing to receive public comments on the proposed bond issuance – Councilman Rasmussen made the motion to approve the resolution authorizing the incurrence of indebtedness through the issuance of General Obligation 2022 Bonds in an amount up to $10,000,000 to finance Public Works Projects and scheduling a public hearing to receive public comments on the proposed bond issuance. Motion was seconded by Councilman Brown and carried unanimously. E. Resolution to set Legislative Fact Finding Hearing for annexation and to consider zoning designation, 0 Paddock Road, and 5580, 5596, 5604, & 5608 DuPont Parkway (Tax Map #15- 022.00-202, and 15-022.00-066 through 15-022.00-069), QLB Holdings LLC (August 15, 2022, at 6:45 p.m.) – Councilwoman Forbes made the motion to approve the resolution setting the Fact Finding Hearing for annexation and to consider zoning designation, 0 Paddock Road, and 5580, 5596, 5604, & 5608 DuPont Parkway, Tax Map #15-022.00-202, and 15-022.00-066 through 15- 022.00-069, QLB Holdings LLC for August 15, 2022, at 6:45 p.m. Motion was seconded by Councilwoman Gott and carried unanimously. F. Support of branding proposal from Arnett Muldrow & Associates funded by the Main Street Coordinating Board – This was informational only. G. Support for the Greater Kent Committee Quality of Life Study ($2,500) – Councilman Rasmussen made the motion to approve the support for the Greater Kent Committee Quality of Life Study in the amount of $2,500. Motion was seconded by Councilwoman Gott and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes asked for permission to attend the NFWL Conference November 14-16, 2022, for the Town’s councilwomen. Councilman Brown made the motion to approve the Councilwomen of the Town of Smyrna attending the 2022 NFWL Conference November 14-16. Motion was seconded by Councilman Pressley and carried unanimously. PUBLIC COMMENTS – NON-AGENDA ITEMS There were none. EXECUTIVE SESSION A. Executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed; Mayor and Council Page 5 of 5 June 20, 2022 B. Executive session to hold strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining; C. Executive session to discuss the potential acquisition of real property – Councilwoman Forbes made the motion to go into executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed; to hold strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining; and to discuss the potential acquisition of real property. Motion was seconded by Councilman Rasmussen. Council went into executive session at 8:04 p.m. by unanimous vote. Councilwoman Forbes made the motion to come out of executive session. Motion was seconded by Councilwoman Gott. Council came out of executive session at 8:57 p.m. by unanimous vote. D. Possible action on personnel matters discussed in executive session – No action was taken. E. Possible action on item discussed in executive session regarding strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining – No action was taken. F. Possible action on matters discussed in executive session regarding the potential acquisition of real property – Councilwoman Forbes made the motion to move forward as discussed in executive session. Motion was seconded by Councilwoman Gott and carried unanimously. ADJOURNMENT Councilwoman Forbes made the motion to adjourn. Motion was seconded by Councilwoman Gott. The meeting was adjourned at 8:58 p.m. by unanimous vote. vlh

Agenda

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL June 20, 2022 PUBLIC HEARING The public hearing was opened by Mayor Robert C. Johnson at 6:45 p.m. The public hearing is to consider rezoning a 1.0-acre vacant parcel at along South Dupont Blvd., TM 1-17-01900-01-4802-00001, from SCZ – South Corridor to CCM – Corridor Commercial in the Town of Smyrna to comply with the Town of Smyrna’s 2020 Comprehensive Plan. Mayor Johnson asked if there was anyone to speak in favor of this request. Jeremy Rothwell gave a brief synopsis of the request. Mayor Johnson asked if there was anyone else to speak in favor of this request. No one spoke. Mayor Johnson asked if there was anyone to speak in opposition of the request. No one spoke. Mayor Johnson closed the public hearing at 6:47 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 Councilwoman Gott and carried unanimously. CONSENT AGENDA A. Council minutes of 06/06/22 B. Executive session minutes of 06/06/22 C. Main Street Coordinating Board minutes of 04/06/22 Mayor and Council Page 2 of 5 June 20, 2022 Councilwoman Mann made the motion to approve the consent agenda as presented. Motion was seconded by Councilman Brown and carried unanimously. NON-AGENDA ITEMS A. Mayor and Councilmembers – Mayor Johnson spoke about the finance report and the implementation of the new software, and he asked Mr. Haines to update everyone on the implementation. Mayor Johnson spoke about Juneteenth; a resident in Hickory Hollow; and Smyrna at Night. Councilman Brown said the Utility Committee meeting was cancelled this month; he read a proclamation honoring Barbara Bilbrough into the record and presented it to her daughter. Councilwoman Mann thanked Mr. Haines, Chief James, and all town employees for their hard work for Smyrna at Night. Councilman Pressley said the Charter & Ordinance Review Committee will meet July 20th. Councilwoman Forbes said she had nothing. Councilwoman Gott said the Parks & Recreation Committee will meet June 21st. Councilman Rasmussen said the Main Street Coordinating Board will meet July 6th. Chief James said the Public Safety Committee met June 9th and the next meeting will be July 7th. B. Police Chief – Chief James spoke about he and a few officers will be attending the funeral for the officer from Maryland tomorrow; and Saturday he will be attending a Masonic Lodge event where they are honoring a few of them. C. Town Manager – Mr. Haines spoke about Smyrna at Night and how he had the pleasure of working with the behind-the-scenes crew of Danielle Pope, Amanda Sparks, Alyssa Carney, Jason McNatt and his crew, and how it all came together with the good weather to have a successful event. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Danielle Pope, Frederick Schaber IV, John Behrens, Shelly Cecchett, Corrine Upshur, Ben Muldrow, Onaldo E. Pedro, Linda A. Pedro, Carl Thomas, Karen Thomas, Flo Dallas, Therese Rourke, Douglas Burns, and Raven Gurczenski. Mayor and Council Page 3 of 5 June 20, 2022 OLD BUSINESS A. Third reading Ord. No. 005-22, an ordinance amending the Town Code of the Town of Smyrna to establish a Compensation Committee – Councilwoman Forbes made the motion to approve the third reading of Ord. No. 005-22, an ordinance amending the Town Code of the Town of Smyrna to establish a Compensation Committee. Motion was seconded by Councilman Brown and carried unanimously. NEW BUSINESS A. Swearing-in of Florence Dallas and Raven Gurczenski as Code Enforcement Officials – Mayor Johnson swore-in Florence Dallas and Raven Gurczenski as Code Enforcement Officials. B. Ord. No. 006-22, an ordinance to rezone a 1.0-acre vacant parcel at along South Dupont Blvd. (TM 1-17-01900-01-4802-00001) from SCZ – South Corridor to CCM – Corridor Commercial in the Town of Smyrna – Councilman Rasmussen made the motion to approve Ord. No. 006-22, an ordinance to rezone a 1.0-acre vacant parcel at along South Dupont Blvd., TM 1-17-01900-01- 4802-00001, from SCZ – South Corridor to CCM – Corridor Commercial in the Town of Smyrna. Motion was seconded by Councilwoman Gott and carried unanimously. Mayor Johnson said he voted in favor because it is in compliance with the Comprehensive Plan, and it comes with the recommendation of staff. Councilman Pressley said he voted in favor because it comes with the recommendation of staff. Councilwoman Mann said she voted in favor based on the recommendation from staff and the Comprehensive Plan. Councilman Brown said he voted in favor based on staff’s recommendation and the Comprehensive Plan. Councilwoman Forbes said she voted in favor as it will bring it in line with our Comprehensive Plan. Councilwoman Gott said she voted in favor because it comes with the recommendation of staff. Councilman Rasmussen said he voted in favor because it comes with the recommendation of staff and alignment with the Comprehensive Plan. C. Request from Boys & Girls Club for 2022 financial support ($10,000) – Councilman Rasmussen made the motion to approve the request from the Boys & Girls Club for 2022 financial support in the amount of $10,000. Motion was seconded by Councilwoman Gott. Motion carried Mayor and Council Page 4 of 5 June 20, 2022 with Councilwomen Gott, Forbes, and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Mayor Johnson abstaining. D. Resolution authorizing the incurrence of indebtedness through the issuance of General Obligation 2022 Bonds in an amount up to $10,000,000 to finance Public Works Projects and scheduling a public hearing to receive public comments on the proposed bond issuance – Councilman Rasmussen made the motion to approve the resolution authorizing the incurrence of indebtedness through the issuance of General Obligation 2022 Bonds in an amount up to $10,000,000 to finance Public Works Projects and scheduling a public hearing to receive public comments on the proposed bond issuance. Motion was seconded by Councilman Brown and carried unanimously. E. Resolution to set Legislative Fact Finding Hearing for annexation and to consider zoning designation, 0 Paddock Road, and 5580, 5596, 5604, & 5608 DuPont Parkway (Tax Map #15- 022.00-202, and 15-022.00-066 through 15-022.00-069), QLB Holdings LLC (August 15, 2022, at 6:45 p.m.) – Councilwoman Forbes made the motion to approve the resolution setting the Fact Finding Hearing for annexation and to consider zoning designation, 0 Paddock Road, and 5580, 5596, 5604, & 5608 DuPont Parkway, Tax Map #15-022.00-202, and 15-022.00-066 through 15- 022.00-069, QLB Holdings LLC for August 15, 2022, at 6:45 p.m. Motion was seconded by Councilwoman Gott and carried unanimously. F. Support of branding proposal from Arnett Muldrow & Associates funded by the Main Street Coordinating Board – This was informational only. G. Support for the Greater Kent Committee Quality of Life Study ($2,500) – Councilman Rasmussen made the motion to approve the support for the Greater Kent Committee Quality of Life Study in the amount of $2,500. Motion was seconded by Councilwoman Gott and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes asked for permission to attend the NFWL Conference November 14-16, 2022, for the Town’s councilwomen. Councilman Brown made the motion to approve the Councilwomen of the Town of Smyrna attending the 2022 NFWL Conference November 14-16. Motion was seconded by Councilman Pressley and carried unanimously. PUBLIC COMMENTS – NON-AGENDA ITEMS There were none. EXECUTIVE SESSION A. Executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed; Mayor and Council Page 5 of 5 June 20, 2022 B. Executive session to hold strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining; C. Executive session to discuss the potential acquisition of real property – Councilwoman Forbes made the motion to go into executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed; to hold strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining; and to discuss the potential acquisition of real property. Motion was seconded by Councilman Rasmussen. Council went into executive session at 8:04 p.m. by unanimous vote. Councilwoman Forbes made the motion to come out of executive session. Motion was seconded by Councilwoman Gott. Council came out of executive session at 8:57 p.m. by unanimous vote. D. Possible action on personnel matters discussed in executive session – No action was taken. E. Possible action on item discussed in executive session regarding strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining – No action was taken. F. Possible action on matters discussed in executive session regarding the potential acquisition of real property – Councilwoman Forbes made the motion to move forward as discussed in executive session. Motion was seconded by Councilwoman Gott and carried unanimously. ADJOURNMENT Councilwoman Forbes made the motion to adjourn. Motion was seconded by Councilwoman Gott. The meeting was adjourned at 8:58 p.m. by unanimous vote. vlh

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