Mayor & Council

MINUTES Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, December 4, 2023, 7:00 pm - 7:30 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: 856 3132 0966 Passcode: 737760 or by visiting Join Zoom meeting at: https://us06web.zoom.us/j/85631320966?pwd=Gy0rwkuisfZEqozKdMhoxlbibD9P9r.1 1. 6:45 PM - Call to order – Public Hearing a. Resolution approving the issuance of up to $803,185 aggregate principal amount general obligation bond to the Delaware Department of Health and Social Services, Delaware drinking water state revolving fund, as registered owner, to supplement the $1,826,703 general obligation bond (East Commerce Street water main replacement project), series 2022a-DWSRF, as previously authorized and issued by the Town of Smyrna, in order to finance increased construction costs associated with the Town of Smyrna’s approved East Commerce Street water main replacement project; setting forth the form and details of the bond; determining that the bond will be sold by private sale and authorizing execution of a financing agreement; pledging the full faith, credit and taxing power of the town for the bond; and authorizing other necessary action 2. 7:00 pm - Regular Meeting Called to order by Mayor Robert C. Johnson 3. Pledge of Allegiance by Mayor Robert C. Johnson 4. Roll call Led by Mary Bowers-Johnson 5. Additions/deletions to published agenda No additions or deletions to the agenda. 6. Consent agenda: Accepted Move: Michael Rasmussen Second: Tabitha Gott Status: Passed a. Council minutes of 11/20/2023 Confidential Information - For Board Use Only - Do not Redistribute Page 1 of 4  Accepted Move: Michael Rasmussen Second: Tabitha Gott Status: Passed b. Executive session minutes of 11/20/2023 Accepted. Move: Michael Rasmussen Second: Tabitha Gott Status: Passed c. Police Department Report Accepted. Move: Michael Rasmussen Second: Tabitha Gott Status: Passed 7. Non-agenda Items: a. Mayor & Council Members Mayor Johnson spoke about property taxes and rates. Barrett Edwards spoke about assessments and change in rates. He suggested adopting the county rates. Mayor Johnson gave the remainer of his time for the presentation of the Master Parks Plan. Councilwoman Upshur had nothing. Councilwoman Forbes had nothing. Councilman Pressley had nothing. Councilman Brown had nothing. Councilman Rasmussen spoke about the Pension Review Committee. Councilwoman Gott spoke about upcoming events: 12/9 and 12/10 Christmas at Belmont Hall 12/10 Santa in Clayton at the Pavillion 12/10 Holiday of Hope - Caroling at Town Hall b. Police Chief Chief James informed Mayor and Council that the next Safety Committee Meeting will be on January 11, 2024. He also stated that Cookies with Santa will be 12/7 at 8:00. c. Town Manager Sheldon Hudson stated he was working with Walt Ruth to get the Business License Application updated. He presented a request from a resident to place a memorial bench at Lake Como. Council advised this item should go before the Parks and Rec Committee on 12/13. 8. Old business, including Discussions & Possible Action on the following items: a. Resolution approving the issuance of up to $803,185 aggregate principal amount general obligation bond to the Delaware Department of Health and Social Services, Delaware drinking water state revolving fund, as registered owner, to supplement the $1,826,703 general obligation bond (East Commerce Street water main replacement project), series 2022a-DWSRF, as previously authorized and issued by the Town of Confidential Information - For Board Use Only - Do not Redistribute Page 2 of 4  Smyrna, in order to finance increased construction costs associated with the Town of Smyrna’s approved East Commerce Street water main replacement project; setting forth the form and details of the bond; determining that the bond will be sold by private sale and authorizing execution of a financing agreement; pledging the full faith, credit and taxing power of the town for the bond; and authorizing other necessary action Move: Michael Rasmussen Second: Gerald Brown Status: Passed b. East Smyrna Wastewater Infrastructure Sheldon Hudson spoke about the Locust Street issue. He advised Council that he met with the Department of Corrections on 12/4/2023 and DOC will do testing on thier end and get back to him for another meeting. 9. New Business, Including Discussion & Possible Action on the following Items: a. Amendment of the FY2023 Budget to reverse the creation of the Fleet Internal Service Fund and restore the budget to a department of the General Fund Passed with further discussion about appropriate allocation. Move: Michael Rasmussen Second: Valerie Forbes Status: Passed b. Letter of Approval from Mayor and Council to utilize the first floor of the opera house after the library closes Council would like a formal letter requesting utilization of the library once it has closed. Move: William Pressley Second: Michael Rasmussen Status: Passed c. Review and Approval of Draft Smyrna Master Parks Plan Approved with change of the name from "Bon Ayre Park" to "Sunnyside Park". Move: Valerie Forbes Second: Gerald Brown Status: Passed d. An Ordinance to amend Chapter 32 (impact fees) to clarify the authorized use of impact fees First reading approved with further discussion. Move: Valerie Forbes Second: Michael Rasmussen Status: Passed 10. Presentation and public comments (3 minutes) Terry Baker asked Mayor and Council for a handicapped Port-a-potty to be placed at the Memorial at Lake Como. Sharon Wright stated that she wants the Town to stop raising rates. 11. Executive session to discuss the potential sale or lease of real property. 29 Del. C. Sec. 10004(b)(2) Went into executive session at 8:08 PM Move: Michael Rasmussen Second: Valerie Forbes 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) Went into executive session at 8:08 PM Confidential Information - For Board Use Only - Do not Redistribute Page 3 of 4  Move: Valerie Forbes Second: Michael Rasmussen 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) Went into executive session at 8:08 PM Move: Valerie Forbes Second: Michael Rasmussen Status: Passed 14. Discussion and potential action on matters discussed in executive session Mayor and Council came out of executive session at 8:45 PM Move: Valerie Forbes Second: Michael Rasmussen Status: Passed 15. Adjournment A motion was made by Councilman Rasmussen to adjourn at 8:46 PM. Seconded by Councilman Brown. Posted on 11/27/2023 at 4:30 PM (1) Posted on 12/01/2023 at 4:30 PM amended due to a time-sensitive item. 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