Mayor & Council

MEMBERS OF THE PUBLIC WILL BE PERMITTED TO PARTICIPATE IN THIS MEETING by teleconference by calling 305-224-1968 and entering Meeting ID number: 856 9306 6169 Passcode: 187948 or by visiting Join Zoom Meeting at: https://us06web.zoom.us/j/85693066169?pwd=92FyuORtb8alNvhUU2tEwYE06LiMx4.1 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware February 3, 2025 – 7:00 PM Agenda 1. 7:00 PM – Call to order The meeting was called to order by Mayor Johnson at 6:58 P.M. 2. Pledge of Allegiance 3. Roll Call Roll call was done by staff liaison, Danielle. All members of Mayor and Council were present. Vice Mayor Rasmussen joined via Zoom. 4. Additions/deletions to the published agenda Councilman Pope motioned to accept the agenda as published. Councilwoman Gott seconded the motion. All were in favor. Motion passed to accept the published agenda. 5. Consent agenda a. Workshop minutes of 1/21/2025 b. Council minutes of 1/21/2025 c. Executive Session minutes of 1/21/2025 Councilman Pope motioned to accept the Consent Agenda. Councilwoman Dr. Upshur seconded the motion. All were in favor. Motion passed to accept the Consent Agenda. 6. Non-agenda items a. Mayor and Council Members Mayor Johnson read a Proclamation for Black History Month. This can be found on the website: https://smyrna.delaware.gov/252/Proclamations. After reading this, Mayor Johnson said that he hopes that someday all cultures will be recognized in the schools. He said that everyone seems to be working together in more peace and harmony than before. He hopes this can continue and people work together as a family. He mentioned that he went to the Grand Opening for Planet Fitness and that it was a nice event. He has an upcoming meeting with some people from Wilmington who would like to build in Smyrna. He will talk with Chief James, (also interim Town Manager), about the information after he speaks with them. He thanked staff for all they do. He thanked Chief James for his dual duties. He thanked Jason, (Assistant Town Manager), Jeremy, (Town Planner), Walt, (IT Manager), and Wanda, (HR Manager). He still hears complaints, but things are moving much smoother now. He said that because of what everyone is doing, they do not deserve to have negative things said about them. He just wants staff to know that they are doing a great job and thanked them again. Councilwoman Dr. Upshur provided information on three (3) local Black historians in honor of Black History Month. Dr. Velma Scantlebury – the first Black woman transplant surgeon in the U.S. She has won many awards throughout her career and named both Best Doctors in American and Top Doctors in America. She won the Woman of Spirit Award, won the Gift of Life Aware from the National Kidney Foundation, and was recognized by the Caribbean American Medical and Scientific Association. She received the Order of Barbados Gold Crown of Merit for her efforts in educating minors about organ transplants. Dr. Scantlebury has performed over 2,000 transplants and published many peer reviewed papers. Louis Redding – a prominent lawyer and Civil Rights advocate from Wilmington. He was the first African American to be admitted to the Delaware Bar. He was part of the NAACP legal team that challenged school segregation in the Brown vs. Board of Education case in front of the Supreme Court. He was 96 when he passed away in Lima, PA. He attended segregated public schools and graduated from Howard High School, the only high school for African Americans in Delaware at that time, in 1919. He enrolled at Brown University and won the Gaston Prize Medal Contest in oratory his senior year for a talk on Booker T. Washington. He graduate from Brown University with honors in 1923. In 1925, he entered Harvard Law. He was the only African American of his 1928 graduating class. In 1929, he was admitted to the Delaware Bar. In 2009, the Reading House Foundation opened the Reading House Museum in his childhood home, located at 203 E. 10th St., Wilmington, DE. He was the only African American lawyer for more than 25 years. He handled cases that successfully challenged discrimination in housing, public accommodations, employment, and the criminal justice system. He represented plaintiffs in several cases that challenged segregation. In 1950, he brought a case before the Chancellor Court against the University of Delaware which barred black students from a mission; citing the separate but equal doctrine.  Representative Sherry Dorsey-Walker – the former Vice-Chair of the Delaware Legislative Black Caucus, which she helped found in 2019. She sponsored the following bills: SB191 in the House during the 150th General Assembly, to add people of color as a protected class in the Delaware State Constitution. SB31, in the House during the 151st General Assembly, the second leg of the amendment, adding people of color as a protected class in Delaware. HB198, adding Black history to the State’s curriculum in the schools. HB195, which requires all officers to wear body cameras. HB72, creating equity and inclusion for procurement opportunities for people of color. SB83, Community Reinvestment Act, making it possible for black-owned financial institutions to establish in Delaware. HB318, creating a compact with other states, enabling spouses of veterans to be certified as school counselors and educations to address the staffing shortages. HB25, that talks about same day voter registration. Councilwoman Gott provided dates for several upcoming events. Parks and Rec – February 19, at the Police Department, at 6:00 P.M. February 5 – Narcan training at the Levin Center, (old Happy Harry’s), on Main Street at noon. February 7 – the Boys and Girls Club is having their father-daughter dance. Tickets are required at the door. They cannot be bought at the door, they have to be bought prior to the event. This will be at the high school. February 10 – Carry the Load meeting. Event will be May 2, starting at 7:00 A.M. March 15 – I love Smyrna School District Day March 22 – a shrimp feast at the American Legion Ambulance Company, 5:00 P.M. – 8:00 P.M. for the sit-down feature. The take-out feature is 1:00 P.M. – 5:00 P.M. She is part of the Delaware Women’s Coalition, and they have sent out applications for ladies to be nominated for the Hall of Fame. That deadline is March 31, by midnight. Councilman Pope wanted to take a moment to recognize jazz musician Cad Calloway for Black History Month. He was born in Rochester, NY, in 1907 and had family that lived in Delaware. He did the movie Stormy Weather with the Nicholas Brothers from Philadelphia. The dance scene in the movie was dubbed as the greatest dance scene on film; per Fred Astaire. He passed away in 1994, in Hockessin. The Cab Calloway Performing Arts Academy was named after him. He thanked staff for all they do; thanked Chief James, (also interim Town Manager), Jason, (Assistant Town Manager), Wanda, (HR Manager), Walt, (IT Manager), Jeremy, (Town Planner), and Danielle, (HR/interim Town Clerk). He mentioned that Sunday is the Super Bowl and said go Birds. Vice Mayor Rasmussen said that he did not have anything to talk about.  Councilman Pressley said that he did not have anything to talk about. Councilman Johnson thanked the staff for all their hard work, especially the utility staff who have been dealing with water main issues the last couple of weeks. b. Police Chief c. Town Manager Chief James started off by saying that staff and he are working on a comprehensive report that Mayor and Council will get at the next meeting. It’s a snapshot of what’s been going on by staff. He was hoping to have the report ready for tonight’s meeting, but he wants to be able to give them a full financial report, and to do that they need to close out some things for the month. He continued with the auditors and that they’ve been in and out. He’s hoping to hear something from them soon. He said that a lot of different things have been going on. Staff now have gas cards, which is connected to the fuel system. This allows for better accounting processes, to make sure that the appropriate funds are put towards the proper GLs instead of having one big number. Staff and he is working on implementing some policies from the Police Department. He is meeting with HR on the 10th, (correction note as talked about after, the meeting is on the 11th), to discuss some policies and procedures. He’ll be working with Walt to make sure staff get the upcoming updates at their fingertips. There are from RFQs coming up, so some things will be going out to bid. There’s a new letterhead that was just finished today and a new policy for the letterhead that will be going out to staff. He talked about Jason, (Assistant Town Manager), and he being busy with these and other items. He mentioned Wanda, (HR Manager), being busy in getting the hiring process established. 7. Old business, including discussion and possible action on the following items: a. Second reading of Ordinance No. 001-25, amending Chapter 18, (Building and Building Regulations), Article XXII, (Development Incentives), to permit Economic Development Incentives for fire protection impact fees and ambulance services impact fees. Councilwoman Dr. Upshur motioned to approve this as the second reading of Ordinance No. 001-25. Councilman Pope seconded the motion. There was no further discussion. All were in favor of the motion. b. Second reading of Ordinance No. 002-25, amending Chapter 66, (Traffic and Vehicles), of the Town Code of the Town of Smyrna to include a definition of sidewalk Councilman Pope motioned to approve this as the second reading of Ordinance No. 002- 25. Councilwoman Gott seconded the motion. Councilwoman Dr. Upshur let everyone know that Barrett, (Town Solicitor), sent an email about this. Barrett said that he just  wanted to add a couple of words to this to make sure that everything is covered. The issue here is being able to regulate when people park in their driveway, but they’re actually blocking the sidewalk so people can’t get by. So, in reading, he said this should include those areas designated for pedestrian traffic that intersect with or cross over a driveway or other property entrance. Councilman Pope asked if that will be added. Barrett said that when the third reading is done, those will be formalized. There was no further discussion. All were in favor of the motion. 8. New business, including discussion and possible action on the following items: a. Request letter of support for Duck Creek Historical Society DE250 grant application. Jeremy Rothwell, (Town Planner), presented. The DE250 is a grant program created by the Delaware General Assembly in anticipation of the 250th signing of the Declaration of Independence. It created grant funding for three consecutive years that local governments and non-profits can apply for, to create educational programming or highlight historical resources or historical buildings to be able to tell the State’s history in a more comprehensive and inclusive manner. He said that location governments and non-profits can apply for up to $25,000 worth of grants. The Duck Creek Historical Society and the Smyrna Main Street Board have been working for the past year to come up with a request that they will be making on February 17, but it’ll be the Historical Society who will submit the grant. The grant application is for two (2) sets of things. The first is to purchase an install two 8x10 historic streetscape murals, which would be historical streetscape photographs on two locations: one on N. Main St. and one on S. Main St. The second thing would be to install 15 interpretive signs, depending on what they get for grant funding. The size that is being looked at is the 3x4 and they will be placed throughout the Downtown Commercial District. He said that in terms of the budget, they have gone out to vendors and the one that was picked is a vendor brand called Vision. They do the installation, creation, and construction of these sort of murals; which would be printed on large aluminum panels. The panels would be protected by UV laminate, which will protect them against light, weather, and vandalism. He said that if someone were to paint on them, that can be scrubbed off. This are $2,787.00 a piece. They have a quote from Pannier, which is one of the largest nationwide producers of National Park Service signage. If 15 signs are purchased, it is $1,085 a piece. The total project cost would be $21,849. Everything up to $7,500 is paid 100% and anything above that has to have a 50% match. The Historical Society will be submitting a request for $14,674.50. He has provided a letter from their board saying that they will provide up to $7,500 in a local match that would be required by the grant program. On the south side of the Smyrna Cards and Gifts [building] is a good location for a large mural. It is a concrete surface and a non-historical building. This building is owned by Ronald and Ellen Sayers and they were sent a couple of streetscapes and they picked one out, (Jeremy showed the audience which one was selected). He said that this would be on a set of 8x10 metal panels and would include wording like ‘welcome to downtown historic Smyrna, founded in 1768.’ The second location would be on N. Main St, on the north side of the old Happy Harry’s building, which is now owned by the Pharmacist Society. He showed a photo and said that almost all the buildings have been demolished. He continued and said that the Pharmacist Society board will be voting next week. He discussed that the type of signage would depend on the location; whether it’s high, low, upright, etc. He talked about the types of resources and buildings that would be targeted. They want to do historic interpretive signage on buildings that are no longer there or historic resources which are no longer present. He talked about the factories that used to be downtown; like where the current Smyrna Health and Wellness building is located, which used to have the Wilson Cabinet Company then General Metal Craft on the property. The Opera House parking lot used to have the Hoffecker Fruit Cannery before it became a granary. He talked about the intersection of W. Commerce St. and Smyrna-Clayton Blvd, where the first water tower was, along with a business that manufactured men’s long underwear. A train station was located nearby, where coal used to be offloaded. There used to be an ice house and General Clothing manufactured London Fog jackets. A three- story department store used to be where the old Citizen’s Bank, now Center Point Church’s, parking lot. That was called Tucker and Wooten, then later Wooten Department Store. It burned down in 1964. He said that Wilmington may claim to be the banking capital of the world, but before the American Revolution, Smyrna was the only town in Delaware with two banks. The former National Bank of Smyrna was located in the home of the bank president, Mr. Hoffecker, who also owned the granary at the Opera House parking lot, which is where PNC is today. There also used to be a Fruit Growers Bank, close to Market St., before they moved to where Center Point Church is today. Smyrna Smile Place used to be Silco Department Store, then a Dollar General, before becoming the dentistry place. The parking lot of the Painted Stave used to be the Strand Theater and operated for 20 years before the Smyrna Theater was built and opened in 1948. They want to highlight African American history also. Centennial Methodist Church grew out of the Asbury Church in the early 19th century. It is named Centennial because it was built in 1876, 100 years after the signing of the Declaration of Independence. They built a church, which is where Mt. Olive is. In 1918, the Centennial Church purchased the building of their current location. The church was originally a Methodist Protestant Church, then Roman Catholic. St. Polycarp had it for about 50 years prior to the Centennial Church purchasing it. The building burned down sometime in the early 90’s and was rebuilt. At the intersection of S. East St. and Rt. 13 was the original colored school. This was built is the early 20th century and was prior to the Thomas Clayton School that was built on Monrovia Ave. This building later housed Napa Auto Parts and is now a dance studio. The vacant lot behind the American Legion, (intersection of N. Delaware St. and W. North St.), is originally where the African American cemetery was for Asbury Church. He said that sometime in the mid-20th century, the gravestones were removed but he’s not sure why. He said that local resident, Mr. Dave Thomas, was able to get records from Faries Funeral Home of who is buried there; at the time, Faries was the only funeral home in Smyrna. He continued on, saying that hopefully they can find a photo or two that have the gravestones, if not, they do have a list of the people, about 100, who are buried there. The 20th Century Club, in operation for about 60 years, was located where the Presbyterian parking lot is today. He said that it was a civic organization and from his understanding a women’s club. Part of JBM Intermediate School was first built in 1884, with the current center portion being built in 1922. A series of renovations and add-ons continued in the 1930s and 1950s. The building that will eventually be part of the new Duck Creek Regional Library was the original post office. He said that they have about 20 photographs of when the building was constructed, the architectural plan from the National Archives, and everything along with the contractor and stuff. He continued with the Citizen’s Hose Company and said that they have wonderful archives, one of the best photographic libraries in town. He said they’ll be relying on those photos for this project; but they are not original because the fire house was originally where the Opera House is. Their first stand alone location was built in 1925. He ended the presentation here and said that he wanted to give everyone that brief overview in terms of what they would be doing. He summarized that the Historical Society is requesting a letter of support, and they think it’s a good project. They’re looking to have QR codes on the signs and they’ll be walking distance from each other. Mayor Johnson called for a motion of support or not support for the letter. Councilman Pressley motioned to provide a letter of support. Councilwoman Gott seconded the motion. All were in favor. Motion passed to provide a letter of support for the Duck Creek Historical Society’s DE250 Grant application.  b. Bid award recommendation for the North Duck Creek Utility Service Extension* Jason McNatt, (Assistant Town Manager), presented. He said that this project is to extend utilities from the Rest Stop area, north, to the OMB Warehouse, which is where the old Mid-Del Auto Salvage used to be. The portion of utilities for water, sewer, and electric will go from the east side of 13 west, to tie into the Tappahanna property. He said that this bid was tabulated and opened publicly. The bidding policies and procedures were followed and they found that ADEL Construction’s submitted bid to be complete to all respects. Based on past experience with ADEL, he said that we are confident that they are capable of performing the contractual work. He said that they recommend that Contract 21C05, including total contract value, be awarded to ADEL Construction. Mayor Johnson spoke up, saying that this is a $1.2 million dollar project and asked if any surveying has been in place and if not, how much will it exceed? Jason said maybe $100,000. The Mayor asked was the project cost is going to be, if there’s $1.1 million here and money’s already been spent. Jason said the amount is what is in the bid, $1.16724, that’s what they want to award the bid for, just the amount. Councilman Pressley spoke up and said that this was in the Capital Project. Jason confirmed that this was approved in the Capital budget. The Mayor said that they better put another $300,000 aside somewhere. Chief James, (interim Town Manager also), said that this is covered underneath one of our bonds, so the funding is there. Mayor Johnson said that when they do an increase that the financial document is done so it shows Council where they are, where they’re going to be, and what’s there. With the Capital projects, they have to get authorization before spending a dime. He also asked that the Finance Committee take a look at this. He called for a motion of approval or not. Councilman Pope motion to approve the bid award. Councilwoman Dr. Upshur seconded. There was no further discussion. All were in favor. Motion passed to award the North Duck Creek Utility Service Extension to ADEL Construction. 9. Presentation and public comments (3 minutes) Joe Reams spoke about the Senior Citizen Tax Exemption threshold. He confirmed that it’s $35,000 if someone is single and $40,000 if they are filing jointly. He said that the median income for 65 and older is about $60,000, which means almost no one qualifies. So he’s curious on where the threshold came from, how long it’s been established, and when it was established. Councilwoman Gott said that the median household income for the town is $68,000. Mayor Johnson said that this has been around for a while. They looked at it and could revisit it again, but it was raised up from previous years. Joe Reams said that he wasn’t sure where they got their numbers but what he found was that about 30% of people over 65 are over 83, (not sure if he means $83,000, he did not clarify). He said that even if the numbers are increased, a lot of people wouldn’t be eligible. Councilman Pressley said that the numbers they have are still pretty good. Joe  Reams said he did research and can send them the numbers that he found. Mayor Johnson said that what they have now follows what other organizations and grants provide. They have the same kind of guidelines. This is also close to the Federal guidelines, but they can revisit the numbers, and they can talk about it. There was no one else who spoke. 10. Executive Session to discuss personnel matters in which the names, competency, and abilities of individual employees will be discussed. 29 Del. C. Sec. 10004(b)(9) Councilwoman Gott motioned to go into Executive Session. Councilman Pope seconded. All were in favor. Executive Session began at 7:48 P.M. 11. Possible action on matters discussed in Executive Session regarding personnel matters Councilman Pope motioned to come out of Executive Session. Councilwoman Gott seconded. All were in favor. Executive Session ended at 8:02 P.M. 12. Adjournment Councilman Pope motioned for adjournment. Councilwoman Gott seconded. All were in favor. The meeting ended at 8:02 P.M. Posted 1/27/2025 at 4:30 PM (#1) Posted 1/28/2025 at 11:00 AM (#2) *added when topic arose 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.