Mayor & Council

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL October 17, 2022 PUBLIC HEARING The public hearing was opened at 6:45 p.m. by Mayor Robert C. Johnson. The first part of the public hearing is to consider a Conditional Use application from Lillian Lawson to establish a ‘Day Care Center’ use at 16 East Mount Vernon Street (TM 1-17-01013-02- 5800-00001). The parcel is owned by Apostolic Church International, Inc. and is zoned CC – Central Commercial. Mayor Johnson asked if there was anyone to speak in favor of this request. Lillian Lawson said she was trying to start a daycare. Barrett Edwards 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 next part of the public hearing is to consider an application to rezone a 0.34-acre parcel at 164 South Main Street (TM 1-17-01018-1700-00001) from R-3 Residential to DR- Downtown Residential in the Town of Smyrna to be comply with the Town of Smyrna’s 2020 Comprehensive Plan. Mayor Johnson asked if there was anyone to speak in favor of this request. Mr. Edwards gave a brief synopsis of the request and read a letter into the record that was received from an adjoining property owner that was neither for nor against. 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 ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to allow one- and two-family dwellings in the Corridor Commercial (CCM) zoning district. Mayor Johnson asked if there was anyone to speak in favor of this request. Mr. Edwards 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 Mayor and Council Page 2 of 6 October 17, 2022 spoke. The last part of the public hearing is to consider an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to allow accessory dwelling units in certain zoning districts subject to Conditional Use approval. Mayor Johnson asked if there was anyone to speak in favor of this request. Mr. Edwards 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 7:02 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. 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 Councilman Rasmussen asked to remove the 10/3/22 council minutes from the consent agenda and made the motion to approve the agenda as amended. Motion was seconded by Councilman Brown and carried unanimously. CONSENT AGENDA A. Council minutes of 10/03/22 B. Executive session minutes of 10/03/22 C. Main Street Coordinating Board minutes of 08/03/22 Councilwoman Mann made the motion to approve the consent agenda. Motion was seconded by Councilman Rasmussen and carried unanimously. NON-AGENDA ITEMS Mayor and Council Page 3 of 6 October 17, 2022 A. Mayor and Councilmembers – Mayor Johnson spoke about the budget process. Councilman Brown said the Utility Committee met October 11th and the next meeting will be November 9th. Councilman Pressley said the Charter & Ordinance Review Committee met October 12 th. Councilman Rasmussen said the Main Street Coordinating Board met October 12th and the next meeting will be November 2nd. Councilwoman Gott said the Parks & Recreation Committee will meet October 18th. Councilwoman Mann welcomed our newest team member Sheldon Hudson. B. Police Chief C. Town Manager – Acting Town Manager/Chief James spoke about a recruit in the academy and one that dropped out; and trunk-or-treat at the Police Station on the 31st. Mr. Hudson said thank you to Mayor and Council for the opportunity and he looks forward to working with business owners and residents as well as staff. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Frederick Schaber IV, Robert James, Carol Binns, Charlotte Johnson, Sheldon P. Hudson, Jason McNatt, and Jeremy Rothwell. A. Presentation by DEMEC – Scott Lynch of DEMEC gave a brief presentation about the Efficiency Smart program. OLD BUSINESS A. Third 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 Pressley made the motion to approve the third reading of 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. Motion was seconded by Councilman Brown and carried unanimously. NEW BUSINESS A. Consideration of Conditional Use application from Lillian Lawson to establish a ‘Day Care Center’ use at 16 East Mount Vernon Street owned by Apostolic Church International, Inc. and is zoned CC – Central Commercial – Councilman Rasmussen made the motion to approve the conditional use application from Lillian Lawson to establish a Day Care Center use at 16 East Mayor and Council Page 4 of 6 October 17, 2022 Mount Vernon Street with the stipulation that the playground will be behind the building. Motion was seconded by Councilman Brown and carried unanimously. B. Ord. No. 016-22, an ordinance to rezone a 0.34-acre parcel at 164 South Main Street (TM 1-17-01018-01-1700-00001) from R-3 Residential to DR-Downtown Residential in the Town of Smyrna to be comply with the Town of Smyrna’s 2020 Comprehensive Plan – Councilman Rasmussen made the motion to approve Ord. No. 016-22, an ordinance to rezone a 0.34-acre parcel at 164 South Main Street, TM 1-17-01018-01-1700-00001, from R-3 Residential to DR- Downtown Residential in the Town of Smyrna to be comply with the Town of Smyrna’s 2020 Comprehensive Plan. Motion was seconded by Councilman Brown and carried unanimously. Councilman Brown said he voted in favor based on staff’s recommendation and it being in line with the Comprehensive Plan. Councilwoman Mann said she voted in favor because it is compliant with the Comprehensive Plan. Councilman Rasmussen said he voted in favor because it is compliant with the Comprehensive Plan. Councilwoman Gott said she voted in favor because it is compliant with the Comprehensive Plan. Councilwoman Forbes said she voted in favor because is comes with staff’s recommendation. Mayor Johnson said he voted in favor because it is compliant with the Comprehensive Plan. Councilman Pressley said he voted in favor because it comes with staff’s recommendation. C. Ord. No. 017-22, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to allow one- and two-family dwellings in the Corridor Commercial (CCM) zoning district – Councilman Rasmussen made the motion to approve Ord. No. 017-22, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to allow one- and two-family dwellings in the Corridor Commercial (CCM) zoning district. Motion was seconded by Councilman Brown and carried unanimously. D. Ord. No. 018-22, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to allow accessory dwelling units in certain zoning districts subject to Conditional Use approval – Councilman Rasmussen made the motion to approve Ord. No. 018- 22, an ordinance amending Appendix A (Zoning) of the Town Code of the Town of Smyrna to allow accessory dwelling units in certain zoning districts subject to Conditional Use approval. Motion was seconded by Councilwoman Mann. Motion carried with Mayor Johnson, Mayor and Council Page 5 of 6 October 17, 2022 Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Councilwoman Forbes voting against. E. Consideration of DEMEC presentation – Councilman Brown made the motion to approve continuing with the renewal of our contract with the Efficiency Smart Program. Motion was seconded by Councilwoman Mann and carried unanimously. F. Consideration of proposals on Town Hall roof – Councilwoman Mann made the motion to approve the proposal on the Town Hall roof. Motion was seconded by Councilwoman Forbes. Motion failed unanimously. Councilwoman Forbes made the motion that the roofing go back out to bid tomorrow so that Council will have the results by the next Council meeting and that the bid be made public for what is needed on the whole roof. Motion was seconded by Councilman Brown and carried unanimously. G. Award of North Duck Creek Water Tower bid – Councilwoman Forbes made the motion to award the North Duck Creek Water Tower bid to CB&I Storage Tank Solutions LLC in the amount of $5,079,330.00. Motion was seconded by Councilman Brown and carried unanimously. OTHER COUNCIL BUSINESS Councilwoman Forbes said she has not gotten the information that she requested months ago; and if Council is going to travel it needs to be brought to the Council floor. PUBLIC COMMENTS – NON-AGENDA ITEMS There were none. EXECUTIVE SESSION A. 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; B. Discussion on site acquisition for any publicly funded capital improvements, or sales or leases of real property; 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 hold a strategy session involving legal advice or an opinion from an attorney-at-law, with respect to pending or potential litigation; for discussion on site acquisition for any publicly funded capital improvements, or sales or leases of real property; and to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed. Motion was seconded by Councilwoman Mann and carried unanimously. Council went into executive session at 8:08 p.m. Councilwoman Forbes made the motion to come out of executive session, seconded by Councilman Brown and carried unanimously. Council came out of executive session at 8:49 p.m. Mayor and Council Page 6 of 6 October 17, 2022 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. 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 – No action was taken. F. Possible action on personnel matters discussed in executive session – Councilwoman Forbes made the motion to move forward as discussed in executive session. Motion was seconded by Councilman Brown and carried unanimously. ADJOURNMENT Mayor Johnson adjourned the meeting at 8:51 p.m. vlh