Mayor & Council
Regular MeetingSmyrna, DE · October 3, 2022
Minutes
MINUTES OF THE REGULAR MEETING
SMYRNA TOWN COUNCIL
October 3, 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 Acting Town Manager/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 Gott made the motion to approve the agenda as presented. Motion was
seconded by Councilwoman Mann and carried unanimously.
CONSENT AGENDA
A. Corrected executive session minutes of 09/06/22
B. Council minutes of 09/19/22
C. Executive session minutes of 09/19/22
D. Executive session minutes of 09/22/22
E. Treasury report
F. Police Department monthly report
G. Second 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 presented.
Motion was seconded by Councilman Brown and carried unanimously.
NON-AGENDA ITEMS
A. Mayor and Councilmembers – Mayor Johnson spoke about a document he sent out to
Councilmembers and the ARPA finding; and the lease for the cell tower.
Councilwoman Gott said the Parks & Recreation Committee met September 20th and the
next meeting will be October 18th.
Councilman Pressley said the Charter & Ordinance Review Committee will meet October
12th.
Councilman Brown said the Utility Committee will meet October 11th.
Mayor and Council Page 2 of 3 October 3, 2022
Councilwoman Mann spoke about concerns for the ARPA Funding.
B. Police Chief
C. Town Manager – Acting Town Manager/Chief James spoke about the Police Academy;
the Haunted Police Department on Halloween; and flushing fire hydrants.
PUBLIC PRESENTATIONS AND COMMENTS
Visitors present were Barb Harris, Josh Little, Danielle Pope, John Behrens, Chris Simms,
Robert Newnam, John Hughes, and Jason McNatt.
OLD BUSINESS
A. N/A
NEW BUSINESS
A. Resolution setting date and time for trick-or-treat – Councilwoman Mann made the
motion to approve the resolution setting October 31, 2022 from 5:00 p.m. to 8:00 p.m. as the
date and time for trick-or-treat. Motion was seconded by Councilman Brown and carried
unanimously.
B. Resolution proposing inclusion of Ashland into the Kent County Stormwater
Maintenance District – Councilman Rasmussen made the motion to approve the resolution
proposing the inclusion of Ashland into the Kent County Stormwater Maintenance District.
Motion was seconded by Councilwoman Forbes and carried unanimously.
C. Request from Smyrna Swim Club – This was for discussion only.
D. Review of proposed PPCAC – Councilman Brown made the motion to approve the PPCAC
as recommended. Motion was seconded by Councilwoman Gott and carried unanimously.
E. Consideration of updated Branding – Councilwoman Mann made the motion to approve
moving forward with the Branding standards for future purchases of town logos as needed.
Motion was seconded by Councilman Brown.
Councilwoman Mann made the amendment to add ‘contingent on Council approval for
purchases’ to the original motion. The amendment 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.
The original motion with the amendment carried with Mayor Johnson, Councilwomen
Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for and Councilwoman
Forbes voting against.
OTHER COUNCIL BUSINESS
Mayor and Council Page 3 of 3 October 3, 2022
There was none.
PUBLIC COMMENTS – NON-AGENDA ITEMS
There were none.
EXECUTIVE SESSION
A. Executive session to discuss an individual citizen’s qualifications to hold a job with the
Town of Smyrna;
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;
C. Executive session to discuss personnel matters in which the names, competency, and
abilities of individual employees will be discussed – Councilwoman Forbes made the motion to
go into executive session to discuss an individual citizen’s qualifications to hold a job with the
Town of Smyrna; to hold a strategy session involving legal advice or an opinion from an attorney-
at-law, with respect to pending or potential litigation; and to discuss personnel matters in which
the names, competency, and abilities of individual employees will be discussed. Motion was
seconded by Councilman Brown and carried unanimously. Council went into executive session
at 8:18 p.m.
Councilwoman Forbes made the motion to come out of executive session, seconded by
Councilwoman Mann and carried unanimously. Council came out of executive session at 9:15
p.m.
D. Potential action on matters discussed in executive session involving an individual
citizen’s qualifications to hold a job – Councilman Rasmussen made the motion to move forward
with item #2 as discussed in executive session. Motion was seconded by Councilwoman Mann.
Motion carried with Mayor Johnson, Councilwoman Mann, and Councilmen Rasmussen, Pressley,
and Brown voting for, and Councilwomen Gott and Forbes voting against.
E. 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 – Councilman Rasmussen made the motion to move forward with item #1 as
discussed in executive session. Motion was seconded by Councilwoman Forbes and carried
unanimously.
F. Possible action on personnel matters discussed in executive session – No action was
taken.
ADJOURNMENT
Mayor Johnson adjourned the meeting at 9:16 p.m.
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Agenda
MEMBERS OF THE PUBLIC WILL BE PERMITTED TO PARTICIPATE IN THIS MEETING by
teleconference by calling 1-301-715-8592 and entering Meeting ID number: 830 7784 1231
Passcode: 473554 or by visiting Join Zoom Meeting at
https://us06web.zoom.us/j/83077841231?pwd=U2VVdUtQZDQxRk5weXA4MmdaMWY3QT09
Council Meeting
Council Chamber, Smyrna Town Hall
27 S. Market Street Plaza, Smyrna, Delaware
October 3, 2022 – 7:00 PM
Agenda
1. 7:00 PM - Call to order
2. Pledge of Allegiance
3. Roll call
4. Additions/deletions to published agenda
5. Consent agenda:
a. Corrected executive session minutes of 09/06/22
b. Council minutes of 09/19/22
c. Executive session minutes of 09/19/22
d. Executive session minutes of 09/22/22
e. Treasury report
f. Police Department monthly report
g. Second 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
6. Non-agenda items:
a. Mayor and Councilmembers
b. Police Chief
c. Town Manager
7. Presentations and public comments for agenda items only (3 minutes)
8. Old business, including discussion and possible action on the following items:
a. N/A
9. New business, including discussion and possible action on the following items:
a. Resolution setting date and time for trick-or-treat
b. Resolution proposing inclusion of Ashland into the Kent County Stormwater
Maintenance District
c. Request from Smyrna Swim Club
d. Review of proposed PPCAC
e. Consideration of updated Branding*
10. Other council business
11. Public comments – non-agenda items (3 minutes)
12. Executive session to discuss an individual citizen’s qualifications to hold a job with the
Town of Smyrna
13. 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)
14. 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)
15. Potential action on matters discussed in executive session involving an individual citizen’s
qualifications to hold a job
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
17. Possible action on personnel matters discussed in executive session
18. Adjournment
*inadvertently omitted from original posting
Posted 09/26/22 at 4:30 PM (#1)
Posted 09/27/22 at 9:00 AM (#2)
NOTE: This agenda as listed may not be considered in sequence. This agenda is subject to
change to include additional items, including Executive Sessions, and/or deletion of items,
including Executive Sessions that arise at time of meeting.
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