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Mayor & Council

Regular Meeting

Smyrna, DE · August 21, 2023

AgendaMinutes

Minutes

MINUTES Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, August 21, 2023, 7:00 pm - 8:00 pm Hybrid In Attendance Dr. Corrine Upshur; Gerald Brown; Jason McNatt; Mary Bowers-Johnson; Michael Rasmussen; Robert Johnson; Sheldon Hudson; Tabitha Gott; Torrie James; Valerie Forbes; William Pressley Not In Attendance Danielle Pope 1. 7:00 PM - Call to order – regular meeting Meeting was Called to Order by Major Robert Johnson 2. Pledge of Allegiance Led by Mayor Robert Johnson 3. Roll call Mayor Johnson Councilman Rasmussen Councilman Pressley Councilman Brown Councilwoman Upshur Councilwoman Forbes Councilwoman Gott Roll call taken by Mary Bowers-Johnson, Council Secretary 4. Additions/deletions to published agenda 8b. and 7c. Move: Tabitha Gott Second: Michael Rasmussen Status: Passed 5. Consent agenda: a. Council minutes of 08/07/2023 Council Minutes were accepted. Move: Tabitha Gott Second: Michael Rasmussen Status: Passed b. Executive session minutes of 08/07/2023 Executive Session Minutes accepted. Consent Agenda was accepted. Confidential Information - For Board Use Only - Do not Redistribute Page 1 of 5 Move: Tabitha Gott Second: Michael Rasmussen Status: Passed c. Treasury Report Treasury Report was accepted. Move: Tabitha Gott Second: Michael Rasmussen Status: Passed 6. Non-agenda Items: a. Mayor & Council Members Mayor Johnson thanked everyone for all the well wishes why he was recuperating. He turned the balance of his time over to Doug Burns to speak about digitizing and the use of staff to scan documents and then send files to Public Archives. Sheldon Hudson stated someone on council expressed some concerns about the original cost but that individual may see this as a compromise. Mayor Johnson wanted to commend all of staff for doing such a good job. He asked Jason how the PW Department was doing as well as the Electric Department. Councilwoman Gott shared dates of several event from now to the end of the year. School starts September 5th and 6th, Railroad Days in Clayton September 16th, Mayors Prayer Breakfast is November 4th, Homecoming September 20th, Autumn in Duck Creek starts on November 3rd with the Ghost Tours, then November 4th for car show, tractor show and family fun day, Veterans Day event in Town November 14th, Christmas Parade in Clayton will be on December 3rd and Christmas Tree Lighting December 10th in Municipal Park. Chief James will be part of lighting ceremony. Councilwoman Forbes spoke about the Shade Tree Commission planting trees in front of Town Hall and that should happen next year. Councilman Rasmussen stated first Pension Review Committee on Wednesday, August 23rd in the Committee Conference Room. Council Pressley had nothing. Councilwoman Upshur spoke about 2 events. First and Huckabuck Farms giving out school supplies. Second, Powerhouse Ministries offering mental counseling for youths. Councilman Brown thanked staff for all their work. Mayor Johnson thanked Barrett for all his hard work. b. Police Chief Chief James spoke about the investigation at the post office stating there was a total of 100 charges. He spoke about "Cookies with Santa" and the next years schedule for First Confidential Information - For Board Use Only - Do not Redistribute Page 2 of 5 Friday. c. Town Manager Sheldon Hudson spoke about Feet on the Street Recycling Program. P&I moving Sept. 14th and 15th. 7. Old business, including Discussions & Possible Action on the following items: a. Stop signs at the intersection of Dorchester Court and Fayetteville Street in the Village of Lake Shore Councilwoman Forbes spoke about the stop signs. Stated the Town paid a lot of money for the studies. She feels as though the Town should follow through with the study. Major Johnson spoke about many other developments have speeding issues. He spoke about Locust Street. Stated there is not that many accidents in developments. Can not install speed bumps. To control speed in developments using electronic devises are too expensive. Councilman Brown believes that the speeders in developments are actually residents. He spoke about future developments and public safety. Chief James spoke about the choice to install stop signs and law enforcements position in monitoring the areas. b. Stop signs on Bluegrass Boulevard and Pebble Creek Street No discussion c. Transfer of vacant property fees to Smyrna Slum and Redevelopment Authority for 2023 Sheldon Hudson stated the transfer will be $150,000.00 Passed at 4-2 Move: Michael Rasmussen Second: Tabitha Gott Status: Passed d. Transfer of approved funds to the Smyrna Slum Clearance and Redevelopment Authority account 8. New Business, Including Discussion & Possible Action on the following Items: a. Residential and Non-residential Vacant Property Fees (RDA) Councilwoman Forbes stated she is in favor of raising the vacant property fees but respect the difference based on the size of the structure. Barrett Edwards spoke about Eminent Domaine which is not an option for privately owned structures. Rick Horsey spoke about the RDA's position to make fee's fair based on structure. Also, there are no late fees for not paying the vacant property fees. Several staff and councilmembers would like to do a start over in 2024. Sheldon Hudson spoke about 1specific property with code violations and waiting to 2025 will only allow this to continue for another year and a half. Jeremy Rothwell stated that bills go out in November and this needs to be run at least 2 times Move: Michael Rasmussen Second: Tabitha Gott Status: Passed b. Street paving and bonding in Ashland Subdivision and Lake Como Woods Removed from agenda c. Reclassification of existing human resources position Confidential Information - For Board Use Only - Do not Redistribute Page 3 of 5 Sheldon Hudson would like to take the existing safety position and changing it to an HR position. Unfortunately, the Zoom was interrupted by a hacker using profanity and a video of a sexual nature. Zoom was ended by Town Manager Sheldon Hudson. Meeting continued without Zoom. Councilwoman Upshur said that she knew people with HR experience. Councilman Rasmussen stated that the Town Manager should make the decision based on what is needed. Sheldon Hudson stated that they are only reclassing a position, not creating a new position. Councilman Brown suggested cross training existing employees. Mayor Johnson stated that management should be allowed to make the decision. Move: Tabitha Gott Second: Michael Rasmussen Status: Passed 9. Presentation and public comments (3 minutes) None. 10. Other Council Business Councilwoman Forbes would like Barrett Edwards, Sheldon Hudson and Chief James to be seated at council desk. 11. Executive session to discuss the potential sales or leases of real property. 29 Del. C. Sec. 10004(b)(2) Councilwoman Forbes made a motion to go in to executive session. Councilwoman Forbes made a motion to go in to executive session. Move: Valerie Forbes Second: Tabitha Gott Status: Passed 12. Possible action on matters discussed in executive session regarding the potential sale or lease of real property 13. Executive session to discuss the potential acquisition of real property. 29 Del. C. Sec. 10004(b)(2) Councilwoman Forbes made a motion to go in to executive session. Move: Valerie Forbes Second: Tabitha Gott Status: Passed 14. Possible action on matters discussed in executive session regarding the potential acquisition of real property 15. 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) Councilwoman Forbes made a motion to go in to executive session. Move: Valerie Forbes Second: Tabitha Gott Status: Passed 16. Possible action on personnel matters discussed in executive session 17. Executive session to hold a strategy session with respect to collective bargaining with a labor union. 29 Del.C Sec. 10004(b)(4) Confidential Information - For Board Use Only - Do not Redistribute Page 4 of 5 Councilwoman Forbes made a motion to go in to executive session. Move: Valerie Forbes Second: Tabitha Gott Status: Passed 18. Discussion and possible action on matter discussed in executive session regarding collective bargaining 19. 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)(4) Councilwoman Forbes made a motion to go in to executive session. Move: Valerie Forbes Second: Tabitha Gott Status: Passed 20. Discussion and potential action on matters discussed in executive session involving pending or potential litigation 21. Adjournment Councilman Rasmussen made a motion to adjourn. Councilwoman Gott made a motion to come out of executive session at 8:38 PM Councilman made a motion to adjourn at 8:39 PM Move: Michael Rasmussen Second: Gerald Brown Status: Passed Confidential Information - For Board Use Only - Do not Redistribute Page 5 of 5

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: 856 1205 4292 Passcode: 876035 or by visiting Join Zoom Meeting at: https://us06web.zoom.us/j/85612054292?pwd=WFhiNWw3UjliV0tmQzdsdngwazNzQT09 Mayor and Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware August 21, 2023 – 7:00 PM Agenda 1. 7:00 PM - Call to order – regular meeting 2. Pledge of Allegiance 3. Roll call 4. Additions/deletions to published agenda 5. Consent agenda: a. Council minutes of 08/07/2023 b. Executive session minutes of 08/07/2023 c. Treasury Report 6. Non-agenda Items: a. Mayor & Council Members b. Police Chief c. Town Manager 7. Old business, including Discussions & Possible Action on the following items: a. Possible need for stop signs at the intersection of Dorchester Court and Fayetteville Street in the Village of Lake Shore b. Possible need for stop signs on Bluegrass Boulevard and Pebble Creek Street c. Transfer of vacant property fees to Smyrna Slum and Redevelopment Authority for 2023 8. New Business, Including Discussion & Possible Action on the following Items: a. Non-residential vacant property fees (RDA) b. Street paving and bonding in Ashland Subdivision and Lake Como Woods c. Reclassification of existing human resources position 9. Presentation and public comments (3 minutes) 10. Other Council Business 11. Executive session to discuss the potential sales or leases of real property. 29 Del. C. Sec. 10004(b)(2) 13. Possible action on matters discussed in executive session regarding the potential sale or lease of real property 12. Executive session to discuss the potential acquisition of real property. 29 Del. C. Sec. 10004(b)(2) 13. Possible action on matters discussed in executive session regarding the potential acquisition of real property 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. Possible action on personnel matters discussed in executive session 16. Executive session to hold a strategy session with respect to collective bargaining with a labor union. 29 Del.C Sec. 10004(b)(4) 17. Discussion and possible action on matter discussed in executive session regarding collective bargaining 18. 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)(4) 19. Discussion and potential action on matters discussed in executive session involving pending or potential litigation 19. Adjournment Posted 08/14/2023 at 4:30 PM (#1) 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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