Mayor & Council
Regular MeetingSmyrna, DE · August 1, 2022
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.
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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
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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.
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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.
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