Mayor & Council

MINUTES Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, December 18, 2023, 6:45 pm - 7:45 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: 863 2651 0139 Passcode: 134009 or by visiting Join Zoom meeting at: https://us06web.zoom.us/j/86326510139?pwd=sKKrOXWhSDofoj3Ch7olnSppx1J2pM.1 1. 6:45 PM - Public Hearing: Public Hearing was called to order by Mayor Robert C. Johnson a. Annexation Resolution – Parcels 15-022.00-071 and 15-022.00-070 b. Rezoning Ordinance – Parcels 15-022.00-071 and 15-022.00-070 from CR – Commercial Regional to CCM – Corridor Commercial c. Comprehensive Plan Map Amendment – Revising ‘Figure 3 - Future Land Use’ for Tax Map Parcel 1-17-01013-02-0301-00001 from ‘Open Space/Recreation/Historic’ to ‘Commercial’ d. Ordinance No. 016-23: AN ORDINANCE AMENDING THE SMYRNA SUBDIVISION AND LAND DEVELOPMENT ORDINANCE BY UPDATING THE BONDING REQUIREMENTS e. Comprehensive Plan Text Amendment – Removing Maximum Allowable Density for Properties within the ‘Residential High-Density’ Land Use Designation f. Rezoning – 139-141 N. Main Street (TMP 1-17-01013-01-1000-00001) Church of the Pentecost USA, Inc. 2. 7:00 PM - Call to order – regular meeting Meeting called to order by Vice Mayor Rasmussen at 7:00 PM 3. Pledge of Allegiance/Moment of Silence Led by Vice Mayor Rasmussen 4. Roll call Led by Mary Bowers-Johnson 5. Additions/deletions to published agenda Items 11, 12, 13, 14 were deleted from the agenda by Vice Mayor Rasmussen 6. Consent agenda: Approved Move: Dr. Corrine Upshur Second: Gerald Brown Status: Passed Confidential Information - For Board Use Only - Do not Redistribute Page 1 of 4  a. Council minutes of 12/4/2023 Approved Move: Dr. Corrine Upshur Second: Gerald Brown Status: Passed b. Executive session minutes of 12/4/2023 Approved Move: Dr. Corrine Upshur Second: Gerald Brown Status: Passed c. Treasury Report Approved Move: Dr. Corrine Upshur Second: Gerald Brown Status: Passed 7. Non-agenda Items: a. Mayor & Council Members Mayor Johnson stated the Finance Committee will be reinstated. Evie Zerefos will be the chairperson. There will be 5-7 members with council approval. He also stated that the Utility Committee will be reinstated in the future. Councilwoman Upshur asked Mayor Johnson for his approval to attend the Congressional Conference in Washington, D.C. Mayor Rasmussen stated that the FY2024 Budget has not been approved and any travel arrangements should wait until there is an approved budget. I spoke with the Vice Mayor on 12/22/2023 to clarify his position on upcoming travel for council. Councilman Pressley had nothing. Councilwoman Gott had nothing. Councilwoman Forbes thanked Public Works for opening the damn at Lake Como during the last heavy rainstorm. Vice Mayor Rasmussen spoke about the presentation of the T-Mobile Grant check on Friday evening and explained what the murals will look like and where they will be located. Councilman Brown commended Chief James for his community policing. b. Police Chief Chief James presented awards to Officer Nash, Officer Aaron Sarkissian and Officer Matthew Sarkisian during the meeting. c. Town Manager Sheldon Hudson was not present for the meeting. 8. Old business, including Discussions & Possible Action on the following items: None 9. New Business, Including Discussion & Possible Action on the following Items: a. Annexation Resolution – Parcels 15-022.00-071 and 15-022.00-070 Confidential Information - For Board Use Only - Do not Redistribute Page 2 of 4  A motion was made by Councilwoman Forbes to accept the Annexation Resolution – Parcels 15-022.00-071 and 15-022.00-070 Seconded by Councilman Brown and carried unanimously. Move: Valerie Forbes Second: Gerald Brown Status: Passed Yes: Robert Johnson, Valerie Forbes, William Pressley, Tabitha Gott, Michael Rasmussen, Gerald Brown, Dr. Corrine Upshur b. Rezoning Ordinance – Parcels 15-022.00-071 and 15-022.00-070 from CR – Commercial Regional to CCM – Corridor Commercial A motion was made by Councilwoman Forbes to approve the Rezoning Ordinance – Parcels 15-022.00-071 and 15-022.00-070 from CR – Commercial Regional to CCM – Corridor Commercial. Seconded by Councilman Brown and carried unanimously. Move: Valerie Forbes Second: Gerald Brown Status: Passed c. Comprehensive Plan Map Amendment – Revising ‘Figure 3 - Future Land Use’ for Tax Map Parcel 1-17-01013-02-0301-00001 from ‘Open Space/Recreation/Historic’ to ‘Commercial’ A motion was made by Mayor Johns to approve the Comprehensive Plan Map Amendment – Revising ‘Figure 3 - Future Land Use’ for Tax Map Parcel 1-17-01013-02- 0301-00001 from ‘Open Space/Recreation/Historic’ to ‘Commercial’. Seconded by Councilman Pressley and carried unanimously. Move: Robert Johnson Second: William Pressley Status: Passed d. Ordinance No. 015-23: AN ORDINANCE AMENDING THE SMYRNA SUBDIVISION AND LAND DEVELOPMENT ORDINANCE BY UPDATING THE BONDING REQUIREMENTS A motion was made by Mayor Johnson to approve the Ordinance No. 015-23: AN ORDINANCE AMENDING THE SMYRNA SUBDIVISION AND LAND DEVELOPMENT ORDINANCE BY UPDATING THE BONDING REQUIREMENTS. Seconded by Councilman Pressley and carried unanimously. Move: Robert Johnson Second: Valerie Forbes Status: Passed e. Comprehensive Plan Text Amendment – Removing Maximum Allowable Density for Properties within the ‘Residential High-Density’ Land Use Designation A motion was made by Mayor Johnson to approve the Comprehensive Plan Text Amendment – Removing Maximum Allowable Density for Properties within the ‘Residential High-Density’ Land Use Designation. Seconded by Councilwoman Forbes and carried unanimously. Move: Robert Johnson Second: Valerie Forbes Status: Passed f. Rezoning – 139-141 N. Main Street (TMP 1-17-01013-01-1000-00001) Church of the Pentecost USA, Inc. A motion was made to approve the Rezoning – 139-141 N. Main Street (TMP 1-17- 01013-01-1000-00001) Church of the Pentecost USA, Inc. Seconded by Councilwoman Upshur. Confidential Information - For Board Use Only - Do not Redistribute Page 3 of 4  Move: Robert Johnson Second: Dr. Corrine Upshur Status: Passed Yes: Robert Johnson, William Pressley, Tabitha Gott, Michael Rasmussen, Gerald Brown, Dr. Corrine Upshur No: Valerie Forbes g. Request for donation to the Smyrna-Clayton Pop Warner 9U Football Team Item was tabled until FY2024 Budget is approved. h. Recognition of Pearl Harbor Councilman Pressley recognized Pearl Harbor Day. i. Review of the Planning and Zoning Agenda Councilman Pressley asked that the monthly CIP report be placed on Tidbits. Only once every month. A motion was made for all agendas for committees to be sent to Mayor and Council prior to their meetings. Move: William Pressley Second: Gerald Brown Status: Passed 10. Presentation and public comments (3 minutes) Residents are upset about the removal of the barrier between Ashland and Wickfield because it has caused more traffic and speeding through the development. 11. Executive session to discuss the potential acquisition of real property. 29 Del. C. Sec. 10004(b)(2) Removed from Agenda 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) Removed from the agenda. 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) Removed from Agenda. 14. Possible action on personnel matters discussed in executive session Removed from Agenda. 15. Adjournment Move: Robert Johnson Second: Dr. Corrine Upshur Status: Passed Posted on 12/11/2023 at 4:30 PM (#1) Posted on 12/18/2023 at 1:00 PM (#2) 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