Mayor & Council

MINUTES Town of Smyrna Council Meeting Bi-Monthly Meeting Monday, February 5, 2024, 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: 816 8575 6432 Passcode: 596794 or by visiting Join Zoom meeting at: https://us06web.zoom.us/j/81685756432?pwd=pcVODhj6CoMGVv6LNj2X68tbQhPZiG.1 1. 7:00 PM - Call to order – regular meeting Meeting called to order by Mayor Robert Johnson 2. Pledge of Allegiance/Moment of Silence Pledge of Allegiance and Moment of Silence led by Mayor Robert Johnson 3. Roll call Roll call taken by Mary Bowers-Johnson 4. Additions/deletions to published agenda A motion was made by Councilman Rasmussen to delete 7a., 7b., 8b. 8b. was then replaced with Comprehensive rezoning presentation by Jeremy Rothwell. The motion was seconded by Mayor Johnson and carried unanimously. Move: Michael Rasmussen Second: Robert Johnson Status: Passed 5. Consent agenda: Approved a. Council minutes of 01/16/2024 Approved A motion was made by councilman Brown to accept the consent agenda. The motion was seconded by Councilwoman Upshur and carried unanimously. Move: Gerald Brown Second: Dr. Corrine Upshur Status: Passed b. Executive session minutes of 01/16/2024 A motion was made by councilman Brown to accept the consent agenda. The motion was seconded by Councilwoman Upshur and carried unanimously.  Move: Gerald Brown Second: Dr. Corrine Upshur Status: Passed c. Police Department Monthly Report A motion was made by councilman Brown to accept the consent agenda. The motion was seconded by Councilwoman Upshur and carried unanimously. Move: Gerald Brown Second: Dr. Corrine Upshur Status: Passed 6. Non-agenda Items: a. Mayor & Council Members Mayor Johnson wished all a Happy Valentine's Day. He also thanked Evie Zerefos for do such a good job with the Finance Committee. Councilwoman Upshur read the Proclamation for Black History Month. Councilman Brown had nothing. Councilman Pressley had nothing. Councilwoman Gott - 3/17/24 is St. Patrick's Day Parade, 4/3/24 is Carry the Load, 6/22/24 Juneteenth and 10/5 is the Ambulance 64 Block Party. Vice Mayor Rasmussen spoke about an exhibition for Black History Month in Rehoboth Beach, DE. He also requested it be added to Tidbits. b. Police Chief c. Town Manager Sheldon Hudson thanked Jason McNatt and all of PW for the great job they did plowing during the snow event on Friday, January 19th. 7. Old business, including Discussions & Possible Action on the following items: a. Adoption of the FY2024 Operating Budget Removed from the agenda. Please see item #4. Move: Gerald Brown Second: Dr. Corrine Upshur Status: Passed b. Resolution #001-24 setting the Tax Rate Removed from the agenda. Please see item #4. Move: Gerald Brown Second: Dr. Corrine Upshur Status: Passed 8. New Business, Including Discussion & Possible Action on the following Items: a. Smyrna School District referendum presentation A presentation was made by Superintendent of the Smyrna School District, Susan Brown and Roger Holt about the new referendum. She informed Mayor and Council and residents about the upcoming referendum. She also advised everyone present and on Zoom to look on the school district website to find all the information as well as a QR code for further information. b. Adoption of the FY2024 Capital Budget  Removed from the agenda. Please see item #4. Item was replaced by Comprehensive Rezoning. Jeremy Rothwell spoke on this project and advised all that there will be public hearings which will start at 6:30 pm to give more time to speak on this item. Move: Gerald Brown Second: Dr. Corrine Upshur Status: Passed c. Discussion and possible adoption of FY2024 Fee Schedule Approved A motion was made by Vice Mayor Rasmussen to approve the adoption of the FY2024 fee schedule. The motion was seconded by Councilman Brown and carried unanimously. Move: Michael Rasmussen Second: Gerald Brown Status: Passed d. ORPT Grant Update Jeremy Rothwell spoke about the ORPT program which allows a 50/50 match grant. The Town requested $125,000 and the Town matching the $125,000. The Town has been awarded the Grant and no Council action is needed. The match will come from a separate account in the Capital Budget. e. Discussion and possible action to grant easement to Verizon across Dwight Avenue and future library property Barrett Edwards spoke about the new utilities that will have to be run across Town property for the library project. He suggested the Town grant the easement to Verizon and Comcast to run utilities through our right of way based on final approval from Town Staff and Solicitor. Move: Valerie Forbes Second: Michael Rasmussen Status: Passed f. Potential code amendment to make annual appropriations of vacant building fees to the Smyrna Slum Clearance and Redevelopment Authority Jeremy Rothwell stated the Town collects vacant property fees than the RDA will ask Mayor and Council to transfer those fees to the Smyrna Slum Clearance and Redevelopment Authority. The RDA uses the funds for Facade Grants. Rich Horsey stated the only thing those funds are used for are the Facade Grants. He asked for an amendment to the code so the RDA doesn't have to ask every year for those funds. Councilwoman Forbes asked if the Town was required to give the RDA the fees? Barrett stated the Town can do whatever the Town wants to do with those funds. She stated the RDA should seek funding from the State and Federal Gov't. She asked how much vacant fees are every year. Rick Horsey stated they received $37,950 in 2023. Sharon Wright spoke about speaking to owners of vacant properties to clean up the properties. Councilwoman Forbes stated she was not in favor of amending the code. This item will move to the 02/20/2024 MC agenda with an amendment of the code. g. Future of Enterprise Resource Planning System Sheldon Hudson spoke about the issues with Tyler Munis. He spoke with Tyler Homes about the concerns, and he agreed the concerns are legitimate. Sheldon Hudson informed Mayor and Council of the email Tyler Homes put together to give them a better understanding of the expense and future expenses continuing with Tyler Munis. h. Possible prohibition of marijuana establishments i. Future handling of real property tax assessments  j. Approval of the FY2024 Senior Tax Exemption Form k. Approval of Modular Home Placement Permit Exemption Applications 9. Presentation and public comments (3 minutes) 10. Executive session to hold a strategy session with respect to collective bargaining with a labor union. 29 Del.C Sec. 10004(b)(4) 11. Executive session to discuss the content of documents excluded from the definition of public record 29 Del. C. § 10002(L)(17)(a)(7) where such discussion may disclose the contents of such documents. 29 Del. C. § 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. Discussion and potential action on matters discussed in executive session 15. Adjournment Posted on 01/29/2024 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.