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Mayor & Council

Regular Meeting

Smyrna, DE · November 20, 2023

AgendaMinutes

Minutes

MINUTES Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, November 20, 2023, 7:00 pm - 7:30 pm Hybrid In-Person Attendance Danielle Pope; Gerald Brown; Mary Bowers-Johnson; Michael Rasmussen; Robert Johnson; Sheldon Hudson; Tabitha Gott; Torrie James; Walt Ruth; William Pressley Remote Attendance Dr. Corrine Upshur; Valerie Forbes Not In Attendance Jason McNatt 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: 831 0902 9890 Passcode: 856870 or by visiting Join Zoom meeting at: https://us06web.zoom.us/j/83109029890?pwd=He8ucib2rn0knrLf3bm4Pbk2Vrs01s.1 1. 7:00 PM - Call to order – regular meeting Meeting was called to order by Mayor Robert C. Johnson 2. Pledge of Allegiance Pledge of Allegiance was led by Mayor Robert C. Johnson 3. Roll call Roll call taken by Clerk Mary Bowers-Johnson 4. Additions/deletions to published agenda None There were no additions or deletions to the published agenda. 5. Consent agenda: Move: Michael Rasmussen Second: Tabitha Gott Status: Passed a. Council minutes of 11/6/2023 Accepted Move: Tabitha Gott Second: Dr. Corrine Upshur Status: Passed b. Executive session minutes of 11/6/2023 Confidential Information - For Board Use Only - Do not Redistribute Page 1 of 4 Accepted Move: Tabitha Gott Second: Dr. Corrine Upshur Status: Passed c. Treasury Report Accepted Move: Tabitha Gott Second: Dr. Corrine Upshur Status: Passed 6. Non-agenda Items: a. Mayor & Council Members Mayor Johnson spoke about creating a new position, Purchasing Agent. Sheldon Hudson feels as though this would be good for the department heads. Mayor Johnson would like to know how much ARPA money is still available. Which grants have not been spent completely. Tabled for now. Will discuss later. Sheldon Hudson, Jeremy and Tyler advised council that impact fees have exceeded $440,000.00. $375,000.00 impact fees are in the general fund with a separate bank account. Councilwoman Gott spoke about: Thanked everyone who came out for the Veterans Event. 102 people in attendance. Biggest turn out since 2019. 12/3 - Christmas in Clayton 12/9 - Create a card at Starbucks 12/9 - Santa in Clayton 1:30 to 3:30 12/10 - Holiday of Hope Caroling Park and Rec meeting was great, lots of ideas. Next meeting will be 12/13 @6 pm, location not determined yet. Mayor Johnson tanked Councilwoman Gott for setting up events. Councilman Rasmussen - Pension Review Meeting on 11/30 Advised that the Town of Smyrna has been selected for the T-Mobile Grant, $28,000.00 for both murals. Murals will start in spring. Councilman Pressley - had nothing. Councilman Brown - Thank Chief and staff for the use of thier conference room for special Olympics. Councilwoman Forbes - Thanked council for allowing her to attend NFWL meeting in Florida. Small turnout from Delaware. She told everyone that Councilwoman Gott won an award. Councilwoman Upshur - Thanked council for allowing her to attend the conference in Atlanta. Thanked Chief for getting information about a hit and run of a family member. Mayor Johnson spoke about the changes being made to the water tower project. There is a small change to the sidewalks and curbing. b. Police Chief Confidential Information - For Board Use Only - Do not Redistribute Page 2 of 4 Chief James presented Officer Leary to the rank of Sargeant. c. Town Manager Sheldon Hudson welcomed Jawanda Cummings to the billing department. He also spoke about the municipal parking lot being closed for about 1 year for construction of the library. 7. Old business, including Discussions & Possible Action on the following items: None 8. New Business, Including Discussion & Possible Action on the following Items: a. Resolution authorizing the town to acquire a portion of 932 Clark Farm Road, Smyrna, Delaware, further described as tmp# 2800300001, from IPA Watson Farm, LLC for $440,000; authorizing the Town Manager to execute those documents necessary to effectuate the property acquisition; and authorizing other necessary actions Approved. Jeremy Rothwell stated that the Capano's want a quick settlement. They are expecting a cash payment which may take up to 90 days. Mayor Johnson asked if impact fees can be used for capital acquisitions. Sheldon Hudson stated that enough impact fees have been collected to cover the cost of the purchase. Sheldon Hudson stated that it would be up to Travis Stewart and himself to find a funding source. Move: Michael Rasmussen Second: Gerald Brown Status: Passed b. Business Welcome Packet Should not have been on the agenda. c. Possible business contact number posting requirement Include on the business license application, "is this an unmanned facility" to make sure the general public has a way to contact the business. The business would be required to have a phone number posted on the actual business structure. Barrett Edwards stated that it should be on both the structure and the application based on state statute. No complaints would be handled by the Town, only by the State. The application will be revised to include an * to notify business owners that this information will be subject to public disclosure. d. Review and Approval of Proposed Downtown and Highway Street Pole Banners Jeremy Rothwell spoke about the banners and it was determined that the banners will not be taken down until they are in need of replacement. There are 36 poles available for banners. Larger banners would be used on the highway (30x60) For Downtown area, there will be seasonal banners. Spring, winter, fourth of July, fall with football team, Smyrna Strong. Council needs to approve. The vendor quotes are - $23,000.00. Jeremy Rothwell has funding sources to cover the cost. They are made of canvas Sunbrella material with a 10-year life expectancy. Mayor Johnson really liked the idea of the banners. Passed 6-1 - approved. Confidential Information - For Board Use Only - Do not Redistribute Page 3 of 4 Move: Michael Rasmussen Second: Gerald Brown Status: Passed 9. Presentation and public comments (3 minutes) John Behrans stated he did not get a response from Mary Bowers-Johnson. Mrs. Johnson partially responded but was halted by Councilman Rasmussen at this time. 10. Executive session to discuss the lease of real property. 29 Del. C. Sec. 10004(b)(2) Went into executive session at 7:59 PM Move: Michael Rasmussen Second: William Pressley Status: Passed 11. Executive session to discuss the potential acquisition of real property. 29 Del. C. Sec. 10004(b)(2) Move: Michael Rasmussen Second: William Pressley 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: Michael Rasmussen Second: William Pressley Status: Passed 13. 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: Michael Rasmussen Second: William Pressley Status: Passed 14. Possible action on matters discussed in executive session Came out of executive session at 9:02 PM. Proceed as Councilman Brown suggested in executive session by further recommendation of staff. Move: Michael Rasmussen Second: William Pressley Status: Passed 15. Adjournment The meeting was adjourned at 9:03 PM Move: Valerie Forbes Second: Gerald Brown Status: Passed Posted on 11/13/2023 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 4 of 4

Agenda

AGENDA Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, November 20, 2023, 7:00 pm - 7:30 pm Hybrid 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: 831 0902 9890 Passcode: 856870 or by visiting Join Zoom meeting at: https://us06web.zoom.us/j/83109029890?pwd=He8ucib2rn0knrLf3bm4Pbk2Vrs01s.1 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 11/6/2023 b. Executive session minutes of 11/6/2023 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: 8. New Business, Including Discussion & Possible Action on the following Items: a. Resolution authorizing the town to acquire a portion of 932 Clark Farm Road, Smyrna, Delaware, further described as tmp# 2800300001, from IPA Watson Farm, LLC for $440,000; authorizing the Town Manager to execute those documents necessary to effectuate the property acquisition; and authorizing other necessary actions b. Business Welcome Packet c. Possible business contact number posting requirement d. Review and Approval of Proposed Downtown and Highway Street Pole Banners 9. Presentation and public comments (3 minutes) 10. Executive session to discuss the lease of real property. 29 Del. C. Sec. 10004(b)(2) 11. Executive session to discuss the potential acquisition of real property. 29 Del. C. Sec. Confidential Information - For Board Use Only - Do not Redistribute Page 1 of 2 10004(b)(2) 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) 13. 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) 14. Possible action on matters discussed in executive session 15. Adjournment Posted on 11/13/2023 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 2 of 2

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