Mayor & Council

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL August 15, 2022 EXECUTIVE SESSION A. Executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed; B. Executive session to hold strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining – Councilwoman Mann 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; and to hold strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining. Motion was seconded by Councilwoman Gott. Council went into executive session at 5:30 p.m. by unanimous vote. Councilwoman Gott made the motion to come out of executive session. Motion was seconded by Councilwoman Mann. Council came out of executive session at 6:42 p.m. by unanimous vote. C. Possible action on personnel matters discussed in executive session – Councilman Rasmussen made the motion to move forward as he recommended in executive session regarding HR item #1. Motion was seconded by Councilwoman Mann. Motion carried with Mayor Johnson, Councilwoman Mann, and Councilmen Rasmussen and Brown voting for, and Councilwomen Gott and Forbes, and Councilman Pressley voting against. Councilman Rasmussen made the motion to move forward as recommended by staff regarding HR items #2 and #3. Motion was seconded by Councilman Brown and carried unanimously. PUBLIC HEARING The public hearing was opened by Mayor Robert C. Johnson at 6:45 p.m. The first part of the public hearing is to consider an application from QLB Holdings LLC to rezone 5580 Dupont Parkway (Tax Map ID: 15-022.00-066), 5596 Dupont Parkway (Tax Map ID: 15-022.00-067), 5604 Dupont Parkway (Tax Map ID: 15-022.00-068), and Lot along Paddock Road (Tax Map ID: 15-022.00-202) from CR (Commercial Regional) in New Castle County to CCM (Corridor Commercial) in the Town of Smyrna to be in compliance with the Town of Smyrna’s Comprehensive Plan for the purpose of annexation of this property into the Town of Smyrna. Mayor Johnson asked if there was anyone to speak in favor of this request. Jeremy Rothwell gave a brief synopsis of the request. Mayor and Council Page 2 of 7 August 15, 2022 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. The next part of the public hearing is to consider an application from the State of Delaware to rezone 391 Clark Farm Road (Tax Map ID: 15-022.00-027 and 15-016.00-158) from SR (Suburban Reserve) in New Castle County to I & R (Institutional & Recreational) in the Town of Smyrna to be in compliance with the Town of Smyrna’s Comprehensive Plan for the purpose of annexation of this property into the Town of Smyrna. 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. The last part of the public hearing is to consider an application from Smyrna Ventures, LLC to rezone 5145 Dupont Parkway (Tax Map ID: 15-016.00-161 and 15-016.00-229) from SR (Suburban Reserve) in New Castle County to CCM (Corridor Commercial) in the Town of Smyrna to be in compliance with the Town of Smyrna’s Comprehensive Plan for the purpose of annexation of this property into the Town of Smyrna. Mayor Johnson asked if there was anyone to speak in favor of this request. Mr. Rothwell gave a brief synopsis. 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 this request. No one spoke. Mayor Johnson closed the public hearing at 6:57 p.m. REGULAR MEETING The meeting was called to order by Mayor Robert C. Johnson at 7:02 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. Mayor and Council Page 3 of 7 August 15, 2022 Also present were Town Manager Andrew S. Haines, Chief Torrie James, Attorney D. Barrett Edwards, and Executive Assistant Danielle Pope. Chief James led the Pledge of Allegiance. Mayor Johnson asked Rev. Keith Noel to say a prayer. ADDITIONS/DELETIONS TO PUBLISHED AGENDA Councilwoman Forbes asked to remove agenda item 11(h) and made the motion to approve the agenda as amended. Motion was seconded by Councilwoman Mann and carried unanimously. CONSENT AGENDA A. Council minutes of 08/01/22 B. Executive session minutes of 08/01/22 C. Treasury report D. Police Department monthly report E. Second 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 Councilman Rasmussen asked to remove item (e) from the consent agenda and move it to old business and make it 10(b). Councilwoman Forbes made the motion to approve the consent agenda as amended. Motion was seconded by Councilwoman Mann and carried unanimously. NON-AGENDA ITEMS A. Mayor and Councilmembers – Mayor Johnson asked Mr. Haines for an update on the website; he spoke about Levy Court attending the next Council meeting; he is glad that we are working a little better together. Councilman Rasmussen said the Main Street Coordinating Board met August 3rd. Councilwoman Gott said the Parks & Recreation Committee will meet August 16th. Councilwoman Forbes said the Shade Tree Commission will meet August 17th. Councilman Pressley said the Charter & Ordinance Review Committee met August 10th. Mayor and Council Page 4 of 7 August 15, 2022 Councilwoman Mann said the Utility Committee met August 9th and the next meeting will be September 13th. B. Police Chief – Chief James spoke about items from his report, the radio project, and the Junior Police Academy will be graduating this Thursday. C. Town Manager – Mr. Haines spoke about a timeline for the budget and other items that will be discussed at this week’s Finance Committee meeting; the Lake Como dam project; and he wanted to note and extend a thank you to each member of Council, and to the members of the public as this is his last public meeting and his last day is the 31st, it has been a pleasure and his honor to be town manager and he appreciates what Council does as part of the team, and said thank you again for allowing him to the pleasure to be part of the community. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were George DeBenedictis, Frederick Schaber, Danielle Pope, Josh Little, Jeremy Rothwell, Jason McNatt, Rick Ferrell, Charlotte Middleton, Sharon Wright, Rev. Keith Noel, and David Thomas. A. Presentation by the Redevelopment Authority – Rick Ferrell came forward and gave a brief PowerPoint presentation. OLD BUSINESS A. Large gathering/event process – Chief James briefly explained the process. B. Second 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 – Councilman Rasmussen made the motion to waive the three-reading rule. Motion was seconded by Councilman Brown and carried unanimously. Councilman Rasmussen made the motion to approve the final reading of 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. 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. NEW BUSINESS A. Annexation and zoning designation, 5580 Dupont Parkway (Tax Map ID: 15-022.00-066), 5596 Dupont Parkway (Tax Map ID: 15-022.00-067), 5604 Dupont Parkway (Tax Map ID: 15- 022.00-068), and Lot along Paddock Road (Tax Map ID: 15-022.00-202), QLB Holdings LLC: Mayor and Council Page 5 of 7 August 15, 2022 i. Resolution to annex the property into the town ii. Ordinance rezoning the property from CR (Commercial Regional) in New Castle County to CCM (Corridor Commercial) in the Town of Smyrna Councilwoman Forbes made the motion to approve the resolution to annex the property into town and the ordinance rezoning the property to Corridor Commercial in the Town of Smyrna. Motion was seconded by Councilman Brown and carried unanimously. Mayor Johnson and Councilman Rasmussen said they voted in favor because of staff’s recommendation, and it is in line with the Comprehensive Plan. Councilwomen Gott, Forbes, and Mann, and Councilmen Pressley and Brown said they voted in favor because of staff’s recommendation. B. Annexation and zoning designation, 391 Clark Farm Road (Tax Map ID: 15-022.00-027 and 15-016.00-158), State of Delaware: i. Resolution to annex the property into the town ii. Ordinance rezoning the property from SR (Suburban Reserve) in New Castle County to I & R (Institutional & Recreational) in the Town of Smyrna Councilman Rasmussen made the motion to approve the annexation and ordinance rezoning the property to Institutional & Recreational in the Town of Smyrna. Motion was seconded by Councilwoman Mann and carried unanimously. Mayor Johnson and Councilman Rasmussen said they voted in favor because of staff’s recommendation, and it is in line with the Comprehensive Plan. Councilwomen Gott, Forbes, and Mann, and Councilmen Pressley and Brown said they voted in favor because of staff’s recommendation. C. Annexation and zoning designation, 5145 Dupont Parkway (Tax Map ID: 15-016.00-161 and 15-016.00-229), Smyrna Ventures, LLC: i. Resolution to annex the property into the town ii. Ordinance rezoning the property from SR (Suburban Reserve) in New Castle County to CCM (Corridor Commercial) in the Town of Smyrna Councilwoman Forbes made the motion to approve the resolution to annex the property into town and the ordinance rezoning the property to Corridor Commercial in the Town of Smyrna. Motion was seconded by Councilman Brown and carried unanimously. Mayor Johnson and Councilman Rasmussen said they voted in favor because of staff’s recommendation, and it is in line with the Comprehensive Plan. Mayor and Council Page 6 of 7 August 15, 2022 Councilwomen Gott, Forbes, and Mann, and Councilmen Pressley and Brown said they voted in favor because of staff’s recommendation. D. Consideration of Redevelopment Authority request – Councilwoman Forbes made the motion to table this item. Motion was seconded by Councilwoman Gott and carried unanimously. E. Appointment of acting town manager effective September 1, 2022 – Councilwoman Mann made the motion to appoint Chief Torrie James as the acting town manager effective September 1, 2022. Motion was seconded by Councilwoman Gott and carried unanimously. F. Consideration to amend authorized Capital Budget for Municipal Park restroom – Councilwoman Forbes made the motion to amend the authorized Capital Budget for the Municipal Park restroom. Motion was seconded by Councilwoman Gott and carried unanimously. G. Appointment of Customer Service Manager Richard Wright as alternate DEMEC director until such time as a new Town Manager is hired – Councilman Rasmussen made the motion to approve the appointment of Customer Service Manager Richard Wright as alternate DEMEC director until such time as a new Town Manager is hired. Motion was seconded by Councilman Brown and carried unanimously. H. Consideration of 2022 Master Tree Plan – This item was removed from the agenda. OTHER COUNCIL BUSINESS There was none. PUBLIC COMMENTS – NON-AGENDA ITEMS Rev. Keith Noel spoke about gathering at each of the schools on the Sunday before school opens. Sharon Wright spoke about the statue of George C. Wright Jr. being pushed back to possibly April – June. Mayor Johnson said we need to assign someone to that committee. EXECUTIVE SESSION A. Executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed; B. Executive session to hold strategy sessions, including those involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining – No executive session was done at this time. Mayor and Council Page 7 of 7 August 15, 2022 C. Possible action on personnel matters discussed in executive session – No action was taken. D. 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. ADJOURNMENT Councilwoman Forbes made the motion to adjourn. Motion was seconded by Councilman Brown. The meeting was adjourned at 8:20 p.m. by unanimous vote. vlh