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Mayor & Council

Regular Meeting

Smyrna, DE · September 19, 2022

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL September 19, 2022 PUBLIC HEARING The public hearing was opened by Mayor Robert C. Johnson at 6:47 p.m. The public hearing to consider an application from Nasir Baqi to rezone a 0.06-acre vacant parcel at 115 South Dupont Boulevard (TM 1-17-01018-02-1400-00001) and from Homairah Baqi to rezone a 0.05-acre vacant parcel at 122 South East Street (TM 1-17-01018-02-1200-00001) from HC – Highway Commercial to CCM – Corridor Commercial in the Town of Smyrna to be in compliance with the Town of Smyrna’s 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 6:52 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 Acting Town Manager/Chief Torrie M. James, Attorney D. Barrett Edwards, and Recording Secretary Valerie L. Heritage. Chief James led the Pledge of Allegiance. Mayor Johnson asked everyone to remain standing for a moment of silence. ADDITIONS/DELETIONS TO PUBLISHED AGENDA Councilwoman Mann made the motion to approve the agenda as presented. Motion was seconded by Councilman Brown and carried unanimously. Mayor and Council Page 2 of 4 September 19, 2022 CONSENT AGENDA A. Council minutes of 09/06/22 B. Executive session minutes of 09/06/22 C. First reading, Ord. No. 015-22, an ordinance amending the Town Code of the Town of Smyrna to adopt a new Chapter 14 (Animals) regulating the keeping of animals within the town limits, including penalties for violations thereof Councilman Rasmussen 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 spoke about moving forward with issues; the annual audit; financial system is up and running; and the organizational chart. Councilman Rasmussen said the Main Street Coordinating Board met September 14th. Councilwoman Gott said the Parks & Recreation Committee will meet September 20th. Councilman Pressley said the Charter & Ordinance Review Committee will meet September 12th. Councilman Brown said the Utility Committee met September 13th, but there was no quorum, and the next meeting will be October 11th. Chief James said the Public Safety Committee will be meeting quarterly from now on. B. Police Chief C. Town Manager – Chief James spoke about implementation of the new CAD System and the upgrade of the radio system; the roof at Town Hall; Tyler Munis; and we are moving forward. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Josh Little, Danielle Pope, Jason McNatt, and Jeremy Rothwell. OLD BUSINESS A. N/A NEW BUSINESS A. Ord. No. 013-22, an ordinance to rezone a 0.06-acre vacant parcel at 115 South Dupont Boulevard (TM 1-17-01018-02-1400-00001) from HC – Highway Commercial to CCM – Corridor Mayor and Council Page 3 of 4 September 19, 2022 Commercial in the Town of Smyrna – Councilman Rasmussen made the motion to approve Ord. No. 013-22, an ordinance to rezone a 0.06-acre vacant parcel at 115 South Dupont Boulevard, TM 1-17-01018-02-1400-00001, from HC – Highway Commercial to CCM – Corridor Commercial in the Town of Smyrna. Motion was seconded by Councilwoman Gott 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. Ord. No. 014-22, an ordinance to rezone a 0.05-acre vacant parcel at 122 South East Street (TM 1-17-01018-02-1200-00001) from HC – Highway Commercial to CCM – Corridor Commercial in the Town of Smyrna – Councilman Rasmussen made the motion to approve Ord. No. 014-22, an ordinance to rezone a 0.05-acre vacant parcel at 122 South East Street (TM 1-17- 01018-02-1200-00001) from HC – Highway Commercial to CCM – 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. OTHER COUNCIL BUSINESS There was none. PUBLIC COMMENTS – NON-AGENDA ITEMS Robert James spoke about swimming in Lake Como. 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 a strategy session involving legal advice or an opinion from an attorney-at-law, with respect to pending or potential litigation – Councilman Rasmussen 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 a strategy session involving legal advice or an opinion from an attorney-at-law, with respect to pending or potential litigation. Motion was seconded by Councilwoman Gott and carried unanimously. Mayor and Council Page 4 of 4 September 19, 2022 Councilwoman Forbes made the motion to come out of executive session, seconded by Councilwoman Gott. Council came out of executive session at 8:38 p.m. by unanimous vote. C. Possible action on personnel matters discussed in executive session – No action was taken. D. Possible action on item discussed in executive session regarding a strategy session involving legal advice or an opinion from an attorney-at-law, with respect to pending or potential litigation – No action was taken. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:38 p.m. vlh

Agenda

AGENDA Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, September 19, 2022, 6:45 pm - 7:30 pm Hybrid A. 1. 6:45 PM – Public hearing to consider an application from Nasir Baqi to rezone a 0.06-acre vacant parcel at 115 South Dupont Boulevard (TM 1-17-01018-02-1400-00001) and from Homairah Baqi to rezone a 0.05-acre vacant parcel at 122 South East Street (TM 1-17-01018-02-1200-00001) from HC – Highway Commercial to CCM – Corridor Commercial in the Town of Smyrna to be in compliance with the Town of Smyrna’s Comprehensive Plan B. 2. 7:00 PM - Call to order C. 3. Pledge of Allegiance D. 4. Roll call E. 5. Additions/deletions to published agenda F. 6. Consent agenda: 1. a. Council minutes of 09/06/22 2. b. Executive session minutes of 09/06/22 3. c. First reading, Ord. No. 015-22, an ordinance amending the Town Code of the Town of Smyrna to adopt a new Chapter 14 (Animals) regulating the keeping of animals within the town limits, including penalties for violations thereof G. 7. Non-agenda items: 1. a. Mayor and Councilmembers 2. b. Police Chief 3. c. Town Manager H. 8. Presentations and public comments for agenda items only (3 minutes) I. 9. Old business, including discussion and possible action on the following items: 1. a. N/A J. 10. New business, including discussion and possible action on the following items: 1. a. Ord. No. 013-22, an ordinance to rezone a 0.06-acre vacant parcel at 115 South Dupont Boulevard (TM 1-17-01018-02-1400-00001) from HC – Highway Commercial to CCM – Corridor Commercial in the Town of Smyrna 2. b. Ord. No. 014-22, an ordinance to rezone a 0.05-acre vacant parcel at 122 South East Street (TM 1-17-01018-02-1200-00001) from HC – Highway Commercial to CCM – Corridor Commercial in the Town of Smyrna K. 11. Other council business L. 12. Public comments – non-agenda items (3 minutes) M. 13. Executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed. 29 Del. C. § 10004(b)(9) N. 14. Executive session to hold a strategy session involving legal advice or an opinion from an attorney- at-law, with respect to pending or potential litigation. 29 Del. C. § 10004(b)(9) O. 15. Possible action on personnel matters discussed in executive session P. 16. Possible action on item discussed in executive session regarding a strategy session involving legal advice or an opinion from an attorney-at-law, with respect to pending or potential litigation Q. 17. Adjournment

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