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 an application from the Friends of the Duck Creek Regional Library to rezone a 1.62-acre parcel at 22 South Main Street (TM 1-17- 01017-06-5300-00001) from CC-Central Commercial to I & R-Institutional & Recreational in the Town of Smyrna to comply with the 2020 Smyrna 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. John Behrens spoke. The next part of the public hearing is to consider an application from Grantland Holdings, LLC to rezone a 0.87-acre parcel at 129 North Union Street (TM 1-17-01017-06-3700-00001) from R-2 Residential to LM-Limited Manufacturing in the Town of Smyrna to comply with the 2020 Smyrna Comprehensive Plan. Mayor Johnson asked if there was anyone to speak in favor of this request. Mr. Rothwell gave a brief synopsis of the request. Mayor Johnson asked if there was anyone else to speak in favor of this request. Geoff Grantland spoke. Mayor Johnson asked if there was anyone to speak in opposition of the request. Mr. Rothwell read a letter into the record from the property owner of 127 North School Lane, and 209 West North Street. 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 7:00 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 Chief Torrie James, Attorney D. Barrett Edwards, and Recording Secretary Valerie L. Heritage. Town Manager Sheldon P. Hudson was excused. Chief James led the Pledge of Allegiance. Mayor Johnson asked for a moment of silence. Mayor and Council Page 2 of 4 December 19, 2022 ADDITIONS/DELETIONS TO PUBLISHED AGENDA Mr. Hudson asked to remove agenda items 8(a), 8(b), and 10(f). Councilman Rasmussen made the motion to approve the agenda as amended. Motion was seconded by Councilwoman Gott and carried unanimously. CONSENT AGENDA A. Council minutes of 12/05/22 B. Executive session minutes of 12/05/22 Councilman Brown 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 asked Mr. McNatt to prioritize his list; and thanked Council for all they do. Councilman Rasmussen said the Main Street Coordinating Board met December 14th and the next meeting will be January 18th. Councilwoman Gott said the Parks & Recreation Committee will meet December 20 th. Councilwoman Forbes said Merry Christmas and have a safe New Year. Councilman Pressley said the Charter and Ordinance Review Committee will meet in January. Councilwoman Mann said Merry Christmas, Happy Hanukkah, and Happy New Year. B. Police Chief – Chief James spoke about Christmas in Smyrna; and the next Public Safety Committee meeting will be January 5th; Smyrna at Night; and they are working on the numbers for the year. C. Town Manager – Mr. McNatt spoke about the sewer collapse on Commerce Street. PUBLIC PRESENTATIONS AND COMMENTS Visitors present were Jeremy Rothwell, Danielle Pope, Carlos-DeShaun Brown, Lijie Li, John Behrens, James Markow, Josh Little, Travis Stewart, George DeBenedictis, Jason McNatt, Fred Schaber IV, Geoff Grantland, Sharon Wright, and Charlotte Middleton. Councilwoman Forbes left the meeting at 7:15 p.m. Mayor and Council Page 3 of 4 December 19, 2022 A. Presentation by the Friends of the Duck Creek Regional Library – This item was removed from the agenda. B. Presentation of FY2021 Audit – This item was removed from the agenda. OLD BUSINESS A. N/A NEW BUSINESS A. Authorize Kent County Levy Court to Administer CDBG – Councilman Rasmussen made the motion to authorize Kent County Levy Court to administer CDBG. Motion was seconded by Councilman Brown and carried unanimously. B. Ord. No. 019-22, an ordinance to rezone 22 South Main Street (TM 1-17-01017-06-5300- 00001) from CC-Central Commercial to I & R-Institutional & Recreational in the Town of Smyrna to comply with the 2020 Smyrna Comprehensive Plan – Councilman Rasmussen made the motion to approve Ord. No. 019-22, an ordinance to rezone 22 South Main Street (TM 1-17- 01017-06-5300-00001) from CC-Central Commercial to I & R-Institutional & Recreational in the Town of Smyrna to comply with the 2020 Smyrna Comprehensive Plan. Motion was seconded by Councilwoman Gott and carried unanimously. Mayor Johnson, and Councilmen Rasmussen, Pressley, and Brown said they voted in favor because it came with the recommendation of staff, and it is in line with the Comprehensive Plan. Councilwomen Gott and Mann said they voted in favor because it is in line with the Comprehensive Plan. C. Ord. No. 020-22, an ordinance to rezone 129 North Union Street (TM 1-17-01017-06- 3700-00001) from R-2 Residential to LM-Limited Manufacturing in the Town of Smyrna to comply with the 2020 Smyrna Comprehensive Plan – Councilman Rasmussen made the motion to approve Ord. No. 020-22, an ordinance to rezone 129 North Union Street (TM 1-17-01017-06- 3700-00001) from R-2 Residential to LM-Limited Manufacturing in the Town of Smyrna to comply with the 2020 Smyrna Comprehensive Plan. Motion was seconded by Councilman Brown and carried unanimously. Mayor Johnson, Councilwoman Gott, and Councilman Rasmussen said they voted in favor because it came with the recommendation of staff, and it is in line with the Comprehensive Plan. Councilwomen Gott and Mann, and Councilmen Pressley and Brown said they voted in favor because it is in line with the Comprehensive Plan. D. Fence adjustment for 5495 Dupont Parkway – Councilman Rasmussen made the motion to approve the fence adjustment for 5494 DuPont Parkway as presented. Motion was seconded by Councilman Brown and carried unanimously. Mayor and Council Page 4 of 4 December 19, 2022 E. Request from RDA to assign their own bank signatories – Councilwoman Mann made the motion to approve the request from the RDA to assign their own bank signatories. Motion was seconded by Councilman Rasmussen. Motion carried with Mayor Johnson, Councilwoman Mann, and Councilmen Rasmussen, Pressley, and Brown voting for, and Councilwoman Gott voting against. F. Approval of FY2021 Audit – This item was removed from the agenda. OTHER COUNCIL BUSINESS There was none. PUBLIC COMMENTS – NON-AGENDA ITEMS Fred Schaber came forward and spoke about the budget and town monies. 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. Executive session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed – Councilman Rasmussen 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 Mann and carried unanimously. Council went into executive session at 8:00 p.m. Councilman Brown made the motion to come out of executive session, seconded by Councilwoman Gott and carried unanimously. Council came out of executive session at 8:32 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 – Councilman Rasmussen 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 8:33 p.m. vlh