Mayor & Council

MINUTES OF THE REGULAR MEETING SMYRNA TOWN COUNCIL December 5, 2022 PUBLIC HEARING The public hearing was called to order 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. 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 Sheldon P. Hudson, 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 agenda item 9(c). Mr. Hudson asked to remove Mayor and Council Page 2 of 4 December 5, 2022 agenda item 8(b). Councilwoman Mann made the motion to approve the agenda as amended. Motion was seconded by Councilwoman Gott and carried unanimously. CONSENT AGENDA A. Council minutes of 11/21/22 B. Executive session minutes of 11/21/22 C. Treasury report D. Police Department monthly report Councilwoman Mann made the motion to approve the consent agenda as presented. Motion was seconded by Councilwoman Gott and carried unanimously. NON-AGENDA ITEMS A. Mayor and Councilmembers – Mayor Johnson spoke about the Opioid Commission and being part of their workshop. Councilman Rasmussen said the Main Street Coordinating Board will meet December 14th. Councilwoman Gott said the Parks & Recreation Committee will meet December 20th. Councilwoman Forbes said the Shade Tree Commission will meet December 7th. Councilman Pressley said the Charter and Ordinance Review Committee will meet December 14th. Councilwoman Mann said the Utility Committee will meet December 13th. B. Police Chief – Chief James spoke about Christmas in Smyrna on December 11th; and the next Public Safety Committee meeting will be January 5th. C. Town Manager – Mr. Hudson spoke about the Urban Art project – Councilwoman Gott said that it is to be moved to the vacant lot on Mill Street near Lake Como; the veterans’ breakfast for town employee veterans; the Central Delaware Chamber of Commerce; and the Citizens Hose Company’s banquet. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Josh Little, Bob Wilson, Winston Robinson, George DeBenedictis, Jason McNatt, Rick Horsey, Gloria Sudler-Reid, Pia McPherson Robinson, Mark G. Robinson, Thelma Rose, Beverly Pickney, Gina Clayton, Michael McAllister, Annette McAllister, Fred Schaber IV, and Charlotte Middleton. Mayor and Council Page 3 of 4 December 5, 2022 A. Presentation of FY2023 Budget – Travis Stewart came forward and gave brief overview of the budget. Councilman Pressley made the motion to hold a workshop on January 11, 2023 at 5:00 p.m. to discuss and possibly amend the budget. Motion was seconded by Councilwoman Forbes and carried unanimously. OLD BUSINESS A. Award of East Commerce Street second contract for lining sewer laterals bid – Councilman Rasmussen made the motion to approve the award of the East Commerce Street second contract for lining sewer laterals bid. Motion was seconded by Councilwoman Gott and carried unanimously. B. Recommendation from Finance Committee regarding Cell Tower lease – This was removed from the agenda. NEW BUSINESS A. Consideration of FY2023 budget i. Resolution setting FY2023 tax rate – Councilman Rasmussen made the motion to keep the tax rate at $0.44 per hundred of assessed value for 2023. Motion was seconded by Councilwoman Gott and carried unanimously. ii. Resolution adopting FY2023 budget – Councilwoman Mann made the motion to approve the resolution adopting the FY2023 Budget. Motion was seconded by Councilman Rasmussen. Motion carried with Mayor Johnson, Councilwomen Gott and Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Councilwoman Forbes voting against. B. Community Project Proposal from Hickory Hollow HOA – Thelma Rose came forward and briefly discussed the Hickory Hollow HOA’s request. C. Request from Sweets and Treats for proposed outdoor seating, entertainment area and fencing – This item was removed from the agenda. D. Town credit card(s) for Council members – No action was taken. OTHER COUNCIL BUSINESS There was none. PUBLIC COMMENTS – NON-AGENDA ITEMS There were none. EXECUTIVE SESSION Mayor and Council Page 4 of 4 December 5, 2022 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. 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; and to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed. Motion was seconded by Councilwoman Gott and carried unanimously. Council went into executive session at 8:37 p.m. Councilwoman Forbes made the motion to come out of executive session, seconded by Councilwoman Gott and carried unanimously. Council came out of executive session at 9:47 p.m. C. 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. D. 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 Councilwoman Gott and carried unanimously. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:48 p.m. vlh