Mayor & Council

MINUTES Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, October 16, 2023, 7:00 pm - 7:30 pm Hybrid In Attendance Danielle Pope; Dr. Corrine Upshur; Gerald Brown; Jason McNatt; Mary Bowers-Johnson; Robert Johnson; Sheldon Hudson; Tabitha Gott; Valerie Forbes; Walt Ruth; William Pressley Not In Attendance Michael Rasmussen; Torrie James 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: 850 1046 0581 Passcode: 436472 or by visiting Join Zoom meeting at: https://us06web.zoom.us/j/85010460581?pwd=q9DUNeoSPROPMgB0l3uZmKjs3RHueK.1 1. 7:00 PM - Call to order – regular meeting Mayor Robert Johnson called the meeting to order at 7:00 PM 2. Pledge of Allegiance/Moment of Silence Pledge of Allegiance led by Mayor Johnson followed by a moment of silence for all who are struggling in the world. 3. Roll call 4. Additions/deletions to published agenda No additions or deletions to the public agenda Move: Valerie Forbes Second: Tabitha Gott Status: Passed 5. Consent agenda: Move: Valerie Forbes Second: Tabitha Gott Status: Passed a. Council minutes of 10/02/2023 Move: Valerie Forbes Second: Tabitha Gott Status: Passed b. Executive session minutes of 10/02/2023 Move: Valerie Forbes Second: Tabitha Gott Status: Passed c. Treasury Report Move: Valerie Forbes Second: Tabitha Gott Status: Passed 6. Non-agenda Items: Confidential Information - For Board Use Only - Do not Redistribute Page 1 of 5  a. Mayor & Council Members Mayor Johnson spoke about an expanded format for work session. Possibly making work sessions 2 hours while shortening council meetings so employees had additional time to speak outside of council chambers. Councilwoman Forbes disagreed with the Mayor, stating she would like the work session to take place in council chambers. Councilwoman Gott stated she likes having the work session in the committee conference room but would like to add more tables. She also stated it would give staff a chance to explain "what staff actually does". Councilwoman Gott wanted to table the discussion but include it on the agenda for the November 6 meeting. Mayor Johnson took a moment to, once again, thank staff for all they do for the Town. He also spoke about the need to get bonds and agreements in order. Jason McNatt gave an update on the Locust Street sewer situation. Councilwoman Forbes spoke about the opinion of the DLLG and the use of bird safe glass in all new construction projects. The DLLG does not support the use of bird safe glass. Also, all new residential construction will have EV charging capability at an estimated cost of $1000 per home. Councilwoman Gott stated that Homecoming is at 7:00 pm this evening and the tree dedication for Mr. Potts and the Eastern Star will be held at Town Hall. Councilwoman Upshur had nothing to discuss. Councilman Pressley had nothing to discuss. Councilman Brown had nothing to discuss. b. Police Chief Chief James was absent. c. Town Manager Sheldon Hudson stated that Chief James was absent from the meeting but that he was attending a work conference. Municipal Bathroom construction is planned for November 2023. Lake Como Woods and Ashlands paving has been completed. He also talked about paid leave from an HR standpoint which will be an additional cost to Town and staff as of January 2025. He thanked Doug Burns for the tour of the new P&I department located at PW. He said the remodel looked great. 7. Old business, including Discussions & Possible Action on the following items: a. Town of Smyrna resolution #004-23 concerning the Annual Halloween Celebration. Councilwoman Forbes sated she was not aware of the age limit on trick or treating. Councilman Pressley does not think the age limit should be changed. The Mayor believes anyone should be able to partake. Councilwoman Gott doesn't think there should be an age limit. Sheldon Hudson stated the resolution is non-binding. Councilman Pressley believes other Town business is more important to discuss then the age of trick or treaters. This item will brought back to council for Halloween 2024. b. Third Reading of Ordinance #014-23 to amend chapter 18 (buildings and building regulations), article XX (annual registration of vacant buildings and registration fees) to revise the vacant building registration fees and to make other housekeeping amendments. No discussion. Move: Valerie Forbes Second: Dr. Corrine Upshur Status: Passed 8. New Business, Including Discussion & Possible Action on the following Items: a. Fence Adjustment from Kathy Medina at 403 Eagle Way (TM 1-17-00920-04-1100- Confidential Information - For Board Use Only - Do not Redistribute Page 2 of 5  00001) to exceed 2 ft. of the maximum allowable 6 ft. height for a fence in the rear and side yard as set forth in Section 18-193(1) of the Smyrna Town Code. Jeremy Rothwell spoke about the applicant who is not in compliance with the Town code and did not obtain a permit. The heart of the matter is it is a civil matter between 2 homeowners. There is a disagreement between the applicant and the neighbor and has erected a 2-foot extension to an existing 6 foot privacy fence. The staff report feels this is not warranted. Mrs. Medina stated that she is disabled and has been traumatized by the neighbor. She stated she was not aware of the need for a permit. She spoke about her medical issues. She explained that she and her dog have been attacked by feral cats. Her husband erected the 2-foot extension to the fence. Without the extension, she stated she will not be able to take the dog in the yard as well as her grandchild and nephew stay with her and she feels the neighbor has been looking at the children. She told council that she lost 80 pounds because of this situation. Barrett Edwards spoke about the easement and if it was in harmony with the surroundings. He also read a statement from the neighbor, Glen and Rachael Ford. Councilman Pressley made a motion to deny. Councilwoman Forbes made a motion for discussion. Councilwoman Forbes stated that she is inclined to go with the recommendation of staff which is to go by the code which allows for a 6 foot fence. Application denied. I was unable to hear who seconded the motion. Move: Valerie Forbes Second: Status: Passed b. First Reading and Introduction of Annexation Resolution to annex the following two parcels owned by Wawa, Inc: No action required. This item will be added to the November 6 Mayor and Council Meeting. No action required. This item will be added to the November 6 Mayor and Council Meeting. i. 5632 Dupont Parkway (2.82 acres) TM 15-022.00-071 No action required. This item will be added to the November 6 Mayor and Council Meeting. ii. 5616 Dupont Parkway (0.50 acres) TM 15-022.00-070 No action required. This item will be added to the November 6 Mayor and Council Meeting. c. Recommendation to increase the area of the Downtown Development District to 19 acres. Jeremy Rothwell explained that the Town is able to annex a certain amount of property (pre-existing) into the Town. All properties are slated for rezoning to DR downtown residential. Move: William Pressley Second: Tabitha Gott Status: Passed Confidential Information - For Board Use Only - Do not Redistribute Page 3 of 5  9. Presentation and public comments (3 minutes) Larry Strozeski thanked PW for the paving completion in Ashland. Recommendation from a commercial property owner in reference to Town trucks from PW in her parking lot. There was an underground electric emergency and the Town was in the parking lot to patch the blacktop. She stated that someone should have communicated with her. She said it was very disrespectful that she was not told about this work. Joseph Walls spoke about trash pickup and how the crew explained the process. Irene Strozeski believes that Mrs. Medina should receive special consideration because of the cats. She also stated how nice the Opera House is and that her and her husband wanted to go to Eats and Sweets for dinner but was told by staff that they were getting ready to close. Her question: She is for small businesses but thinks there should be an ordinance which would make it possible for them to capitalize on the shows at the Opera House. Sara Fuller wanted to know if residence who do not comply with the trash can enclosure have been contacted and arrangements been made. Doug Burns stated that he only has 2 permit inspectors and this will be a process. Mrs. Medina wanted to know how long she has to take the fence extension down, stating her husband is out of town and won't be able to remove it until he returns. 10. Other Council Business None. 11. Executive session to discuss the sale or lease of real property. 29 Del. C. Sec. 10004(b)(2) Mayor and Council went into executive session at 8:24 PM Move: Valerie Forbes Second: Tabitha Gott Status: Passed 12. Possible action on matters discussed in executive session regarding the sale or lease of real property 13. Executive session to discuss the potential acquisition of real property. 29 Del. C. Sec. 10004(b)(2) 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) 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) Move: Valerie Forbes Second: Tabitha Gott Status: Passed 18. Discussion and possible action on matter discussed in executive session regarding collective bargaining Confidential Information - For Board Use Only - Do not Redistribute Page 4 of 5 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) Move: Valerie Forbes Second: Tabitha Gott Status: Passed 20. Discussion and potential action on matters discussed in executive session involving pending or potential litigation Mayor and Council came out of executive session at 9:18 PM Move: Valerie Forbes Second: Tabitha Gott Status: Passed 21. Adjournment Mayor and Council meeting was adjourned at 9:19 PM Move: Valerie Forbes Second: Tabitha Gott Status: Passed Posted on 10/09/2023 at 4:30 PM 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. Confidential Information - For Board Use Only - Do not Redistribute Page 5 of 5