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Mayor & Council

Regular Meeting

Smyrna, DE · August 1, 2022

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL August 1, 2022 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 Rasmussen and carried unanimously. CONSENT AGENDA A. Council minutes of 07/05/22 B. Council minutes of 07/18/22 C. Executive session minutes of 07/18/22 D. Treasury report E. Police Department monthly report F. First reading, Ord. No. 009-22, an ordinance amending the Town Code of the Town of Smyrna, Chapter 18 (Building and Building Regulations), Article XXII (Development Incentives), to eliminate incentives for certain geographic areas, to eliminate minimum ownership requirements, and to clarify certain investment incentives Councilwoman Forbes made the motion to approve the consent agenda without items 5(d) and 5(e). Motion was seconded by Councilman Rasmussen and carried unanimously. NON-AGENDA ITEMS A. Mayor and Councilmembers – Mayor Johnson spoke about a church event that he attended on Saturday; he is considering restarting the Economic Development Committee; he spoke about remediation money that may be available and said he would give the contact information to Mr. Rothwell. Councilman Brown said the Utility Committee met July 12th, and the next meeting will be August 9th. Mayor and Council Page 2 of 4 August 1, 2022 Councilwoman Mann spoke about First Friday. Councilman Pressley said the Charter & Ordinance Review Committee will meet August 10th. Councilwoman Forbes said the Shade Tree Commission met July 26th. Councilwoman Gott said the Parks & Recreation Committee met July 19th and the next meeting will be August 16th. Councilman Rasmussen said the Main Street Coordinating Board will meet August 3rd. Chief James said the Public Safety Committee will meet August 11th. B. Police Chief – Chief James spoke said there is no Police Report today due to the Council meeting being so close to the end of the month, and the system was down today; and he spoke on testing, and First Friday. C. Town Manager – Mr. Haines updated everyone on the parking lot; the Lake Como dam; and Munis. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Jason McNatt, Jeremy Rothwell, George DeBenedictis, Lijie Li, Dan String, Danielle Pope, Frederick Schaber, Josh Little, Dan Knight, and Kevin Gallagher. OLD BUSINESS A. Request for a six (6) foot encroachment in the twenty (20) foot drainage easement to build an in-ground swimming pool located at 181 Climbing Vine Avenue – Councilman Rasmussen made the motion to approve the request for a six-foot encroachment in the twenty- foot drainage easement to build an in-ground swimming pool located at 181 Climbing Vine Avenue. Motion was seconded by Councilwoman Mann. Motion carried with Mayor Johnson, Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Councilwoman Forbes voting against. B. Temporary relocation for Planning & Inspections team due to the FDCRL proposed construction – This was a discussion item only. NEW BUSINESS A. Large gathering/event process – Councilwoman Forbes made the motion that RecDesk be utilized by the Police Department per the ordinance. Motion was seconded by Councilwoman Mayor and Council Page 3 of 4 August 1, 2022 Gott. After discussion, the motion was withdrawn, and this item will be discussed at the August 15th Council meeting. B. Recommendation to reject all bids and rebid the North Duck Creek Water Tower project – Councilman Rasmussen made the motion to table this until after the executive session. Motion was seconded by Councilwoman Gott and carried unanimously. C. Resolution establishing those positions authorized to sign checks on behalf of the Town when vacancies exist in the positions designated as the primary authorized signers – Councilman Rasmussen made the motion to approve the resolution establishing those positions authorized to sign checks on behalf of the Town when vacancies exist in the positions designated as the primary authorized signers. Motion was seconded by Councilman Brown and carried unanimously. D. Agreement of Sale to purchase 1.6-acre parcel situated on First Avenue (TMP# 1-17- 01009-01-0300-000) – Councilwoman Forbes made the motion to approve the agreement of sale to purchase a 1.6-acre parcel situated on First Avenue, TMP #1-17-01009-01-0300-000, subject to any edits by the Town Manager and Town Attorney. Motion was seconded by Councilwoman Gott and carried unanimously. OTHER COUNCIL BUSINESS There was none. PUBLIC COMMENTS – NON-AGENDA ITEMS There were none. 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; C. Executive session to hold strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining; D. Executive session to discuss pending or potential litigation – Councilwoman Forbes made the motion to go into executive session to discuss the potential acquisition of real property; 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 pending or potential litigation. Motion was seconded by Councilwoman Gott. Council went into executive session at 8:34 p.m. by unanimous vote. Mayor and Council Page 4 of 4 August 1, 2022 Councilwoman Forbes made the motion to come out of executive session. Motion was seconded by Councilman Pressley. Council came out of executive session at 10:18 p.m. by unanimous vote. E. Possible action on matters discussed in executive session regarding the potential acquisition of real property – No action was taken. F. Possible action on personnel matters discussed in executive session – No action was taken. G. 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. 9(B). Recommendation to reject all bids and rebid the North Duck Creek Water Tower project – Councilman Rasmussen made the motion to reject all of the bids and rebid the North Duck Creek Water Tower project. Motion was seconded by Councilman Brown and carried unanimously. ADJOURNMENT Councilman Pressley made the motion to adjourn. Motion was seconded by Councilwoman Mann. The meeting was adjourned at 10:19 p.m. by unanimous vote. vlh

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