Mayor & Council

MINUTES Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, November 6, 2023, 7:00 pm - 8:00 pm Hybrid In Attendance Danielle Pope; Dr. Corrine Upshur; Gerald Brown; Jason McNatt; Mary Bowers-Johnson; Michael Rasmussen; Robert Johnson; Sheldon Hudson; Tabitha Gott; Torrie James; Valerie Forbes; Walt Ruth; William Pressley 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: 858 3415 2730 Passcode: 770777 or by visiting Join Zoom meeting at: https://us06web.zoom.us/j/85834152730?pwd=bApUilfm2pc5uWssZqbigCy8uNZl09.1 1. 7:00 PM - Call to order – regular meeting The Meeting was called to order by Mayor Robert C. Johnson at 7:00 PM 2. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Robert C. Johnson 3. Roll call Roll Call was taken by Mary Bowers-Johnson, Council Recording Secretary Dr. Corrine Upshur; Gerald Brown; Mary Bowers-Johnson; Michael Rasmussen; Robert Johnson; Sheldon Hudson; Tabitha Gott; Torrie James; Valerie Forbes; William Pressley 4. Additions/deletions to published agenda There were no additions or deletions to the published agenda. Move: Valerie Forbes Second: Tabitha Gott Status: Passed 5. Consent agenda: Accepted a. Council minutes of 10/16/2023 Accepted Accepted Move: Michael Rasmussen Second: Valerie Forbes Status: Passed b. Executive session minutes of 10/16/2023 Accepted Move: Michael Rasmussen Second: Valerie Forbes Status: Passed Confidential Information - For Board Use Only - Do not Redistribute Page 1 of 6  c. Police Department Report Accepted Move: Michael Rasmussen Second: Valerie Forbes Status: Passed 6. Non-agenda Items: a. Mayor & Council Members Mayor Johnson spoke about putting the budget on the work session agenda for November 20th meeting for 2 hours. He would like to make sure Council has enough time to look at the budgets. If anyone has questions, they should contact Sheldon Hudson or speak with Mayor Johnson. He advised department heads to have their budgets ready. He also spoke about an advisory committee which would include experts in finance, banking and state officials. He would like to form a committee which would meet quarterly since they talk about finance, revenue projections and budgets. He would like to set up a 3 to 5 year plan for capital budget and operating funds because of inflation, possible tax increases, raises and the way things have been going. Councilwoman Forbes quoted the Charter 269, the Town Manager is responsible for meeting with department heads to go over budget then present to council. She stated they no longer have a budget committee which is listed in the Charter. She stated they need to follow the Charter and they are not. She also stated that when the Council Work Session was formed, it is not what she thought it should be. Mayor Johnson stated respectfully, he said Councilwoman Forbes didn't have enough time to look at the budget line by line and now he is giving Council enough time to review the budget line by line. And next year, they can have a committee. He stated he was open to recommendations. Councilwoman Forbes doesn't understand why the Finance Committee was even banned. She stated they wouldn't have this issue if they kept the committee. Mayor Johnson stated that when he sunsetted committees, no one said anything about keeping them. Councilman Brown stated that it was the Mayor who cancelled the Utility Committee and the Finance Committee, not him. Mayor Brown said they never voted and no one said no to cancelling those committees. Councilwoman Upshur stated that there was no vote to cancel said committees. Councilman Brown stated that when the Mayor cancelled the Utility Committee and then after executive session, asked him if he wanted to keep the Utility Committee and Councilman Brown stated no because there was no logical reason to terminate the committee. Councilwoman Forbes stated that she only brought it up because the Mayor sent out the budget and not finance. Mayor Johnson stated he sent out his budget which included suggestions. Sheldon Hudson stated the only budget sent from Mayor was the Council budget only. (a recommended council budget) He also stated that the Town Managers office is working with department heads with their budgets. Councilwoman Gott stated that she will ask for explanations when she sees the budgets. Sheldon Hudson also stated that they will have a draft budget for the 11/20/2023 Council Work Session. Councilman Brown spoke about Business Licenses. He suggested there be a contact phone number located on the business license application. He would like to review that application on the November 20th agenda. When residents have a complaint or problem with a business, there should be a Confidential Information - For Board Use Only - Do not Redistribute Page 2 of 6  complaint number for the business. Barrett stated under FOIA, they cannot give out the phone number on the business license application. Councilman Brown stated he would like to see a complaint phone number posted on the actual business structure, so residents do not need to contact Town Hall. Councilman Brown also spoke about water meters. This was brought up by the Utility Committee. He stated they are not doing their due diligence. If we do not have policies and procedures, we create chaos. As a council they need to respond to complaints in a timely manner. Staff should not be involved in this matter. Councilman Pressley had nothing. Councilman Rasmussen thanked all who helped with Autumn in Duck Creek. Councilwoman Forbes stated the Shade Tree Commission would be meeting on the 8th to talk about regarding trees on Main Street. Councilwoman Gott listed upcoming events. Nov 9, rededication of the tree out front to 1st Lieutenant Potts. Nov. 14, Veterans Event. Nov. 15, she will be going the NFWL Conference. Cards for Heros box is at the Smyrna Diner. Smyrna Diner has a card night. Nov. 19, Community Thanksgiving Dinner at Smyrna Elementary School, everyone is welcome. Dec. 3, Christmas Parade. 6PM Dec. 9, Historic Society giving tours Dec. 10, Caroling outside Town Hall. Master Parks plan meeting went well and will be presented soon. Thanked public works and SPD for a late night emergency of a business. Proclamation read for Operation Green Light. Councilwoman Upshur had nothing. b. Police Chief Chief James stated he has scaled back on the Christmas Event. They will just have Cookies with Santa. c. Town Manager Confidential Information - For Board Use Only - Do not Redistribute Page 3 of 6  Sheldon Hudson advised there has been a nationwide issue with ACH payroll deposits. He thanked HR for their hard works. He also read a letter from Sherry Stellar about the great work of a crossing guard on Main Street. 7. Old business, including Discussions & Possible Action on the following items: None 8. New Business, Including Discussion & Possible Action on the following Items: a. Donation request from the Smyrna/Clayton Ministerium for their Annual Thanksgiving Dinner Councilwoman Forbes made a recommendation to donate the same amount that was provided in 2022. However, 2022 donation was given as a reimbursement in January of 2023. A motion was made by Councilwoman Forbes to donate $2000 to the Smyrna/Clayton Ministerium for the Community Thanksgiving Dinner. Motion was seconded by Councilman Rassmussen and carried unanimously. A motion was made by Councilwoman Forbes to donate $2000 to the Smyrna/Clayton Ministerium for the Community Thanksgiving Dinner. Motion was seconded by Councilman Rassmussen and carried unanimously. Move: Valerie Forbes Second: Michael Rasmussen Status: Passed b. Future of Mayor and Council Work Sessions Already spoken about in non-agenda items c. Resolution proposing the borrowing of up to $803,185 from the Delaware Department of Health and Social Services and the Delaware Drinking Water State Revolving Fund to provide funding for the East Commerce Street water main replacement project and scheduling a hearing to receive public comments on the proposed borrowing. Councilwoman Forbes asked Sheldon Hudson if he knew how this is going to be paid back and where it is going in the budget. Mayor Johnson stated to make sure this goes into debt services in the water fund. Will the loan close in December or FY2024? Sheldon Hudson said that would be determined. Barrett Edwards stated there was a letter dated September 27, 2023 authorizing the funding. It is in conjunction with 2 past loans for the water revolving fund. East Commerce Street project. December 4 will be the public hearing. Move: Michael Rasmussen Second: Valerie Forbes Status: Passed d. Resolution authorizing the Town of Smyrna to convey 5.46 +/- acres near North Main Street, Smyrna, Delaware, further described as TMP No. 1-17-01013-02-0301-000, to Kays Enterprises, LLC; authorizing the Town Manager to execute those documents necessary to effectuate the property conveyance; and authorizing other necessary actions. No discussion Move: Michael Rasmussen Second: Tabitha Gott Status: Passed e. Resolution proposing the annexation of certain lands into the municipal limits of the Town of Smyrna; designating the proposed zoning classification thereof; scheduling a public hearing; referring the proposal to the Town Planning Commission; and notifying the Delaware Office of State Planning. The parcels proposed for annexation are as follows: Confidential Information - For Board Use Only - Do not Redistribute Page 4 of 6  5632 Dupont Parkway (2.82 acres) TM 15-022.00-071 5616 Dupont Parkway (0.50 acres) TM 15-022.00-070 Jeremy Rothwell spoke about the annexation of 2 parcels for the North Smyrna WAWA. This will go before council in the December 18th meeting. Move: Michael Rasmussen Second: Valerie Forbes Status: Passed f. Resolution authorizing the Town of Smyrna to purchase the electric franchise from Delmarva Power for certain properties; authorizing the Town Manager to execute those documents necessary to effectuate the purchase of the electric franchise; and authorizing other necessary actions Move: Michael Rasmussen Second: Valerie Forbes Status: Passed 9. Presentation and public comments (3 minutes) Resident spoke about an individual who rides a scooter on walking paths. Chief James is aware of this situation and have been in contact with the individual. 10. Executive session to discuss matters involving site acquisitions for any publicly funded capital improvements, or sales or leases of real property. 29 Del. C. Sec. 10004(b)(2) Went into executive session at 7:49 PM Move: Valerie Forbes Second: Tabitha Gott Status: Passed 11. Executive session to discuss matters involving legal advice or an opinion from an attorney-at- law, with respect to collective bargaining or pending or potential litigation. 29 Del. C. Sec. 10004(b)(4) Move: Michael Rasmussen Second: Tabitha Gott Status: Passed 12. 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: Michael Rasmussen Status: Passed 13. Discussion and potential action on matters discussed in executive session. 9:40 PM Move: Michael Rasmussen Second: Tabitha Gott Status: Passed 14. Adjournment 9:41 PM Move: Dr. Corrine Upshur Second: Tabitha Gott Status: Passed Posted on 10/30/2023 (#1) at 4:30 PM Posted on 11/1/2023 (#2) at 4:30 PM Amended in order to submit a timely application to the Public Service Commission. NOTE: This agenda as listed may not be considered in sequence. This agenda is subject to Confidential Information - For Board Use Only - Do not Redistribute Page 5 of 6 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 6 of 6