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Mayor & Council

Regular Meeting

Smyrna, DE · February 18, 2025

AgendaMinutes

Minutes

MEMBERS OF THE PUBLIC WILL BE PERMITTED TO PARTICIPATE IN THIS MEETING by teleconference by calling 312-626-6799 and entering Meeting ID number: 823 3782 0237 Passcode: 683402 or by visiting Join Zoom Meeting at: https://us06web.zoom.us/j/82337820237?pwd=3GVyGLZMKqnwzonllbnhtbioZxV9tZ.1 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware February 18, 2025 – 6:45 PM Agenda 1. 6:45 PM – Public Hearing to consider amending the CCM, Corridor Commercial, Zoning District to allow Transportation or Trucking Yards as a conditional use in said Zoning District and to establish sign regulations for the DR, Downtown Residential and CCM, Corridor Commercial, Zoning Districts. The Public Hearing was called to order by Mayor Johnson at 6:43 P.M and was presented by Town Planner, Jeremy Rothwell. He started off by saying that these were two minor zoning text amendments. The first one amends a list of allowable uses in the Corridor Commercial, (CCM), Zoning District. This zoning district is all parcels with a direct front along US 13 and some on side roads. This will allow truck stops and transportation yards in the CCM for conditional use. The reason for the amendment is because of a 25-acre parcel off Paddock Rd, adjacent and across the street from the Duck Creek Business Campus. This parcel is not part of town yet, but it is in the Comprehensive Plan to be annexed under the CCM. It is owned by KRM and they recognize that the warehouse distribution centers, which are coming to the Duck Creek Business Campus, will need truck parking. There’s limit space at the Smyrna Rest Area and having truck parking will eliminate them from parking along US 13 and Glenwood Ave. When this was presented to the Planning Commission, they didn’t want to permit this by right, but allow it under certain circumstances. Councilman Pressley asked if this will just be for KRM and their industrial park? Jeremy said no, it would be permitted by conditional use for any of the parcels in the CCM zoning district; which there are about 200 parcels in town. Jeremy further explained that with conditional use, they would have to come before the Planning Commission and the Town Council to get permission to use the parcel(s) for this. This was requested by KRM and staff agrees that this would be a good use of the location. KRM wanted this change made before they applied for the annexation because they want to explore the truck stop idea. Jeremy asked if Council had any questions regarding this zoning text amendment? There were no further questions. He moved on to the second zoning text amendment. The second amends the signage ordinance. This was updated back in 2019 to comply with the then recent court decisions coming from the Supreme Court and other federal courts. They drastically altered the way we could regulate signs. Since 2019, two new zoning districts were created: the Downtown Residential, (DR), Zoning District and the Corridor Commercial, (CCM), Zoning District. They, (Planning Commission), had two sign permits come in for each of the zoning districts, and they realized they didn’t have standards and allowable signs for these districts and had to create them from scratch. In the downtown residential district, which is essentially all the residential neighborhoods, monument signs, wall signs, and illuminated signs are only permitted by special exception, meaning they have to go in front of the Board of Adjustment. Secondly, they are only permitted for non-residential uses; mostly likely to be utilized by churches. There are a handful of churches in the DR district, and this was the reason they had to fill in the blanks and create standards. Mt. Olive Pentecostal Church applied for a sign and the application couldn’t be reviewed. With this text amendment, there’s a path forward for them to potentially get approved. This was similar with the CCM Zoning District. There were standards for the old N Corridor and S Corridor Zoning Districts and those standards were kept in place for the CCM Zoning District because the two Corridor districts were removed. Jeremy finished his presentation by saying that these were two easy text amendments and asked Council if they had any questions. There were no further questions. The Public Hearing ended at 6:50 P.M 2. 7:00 PM – Call to order The meeting was called to order at 7:00 P.M. by Mayor Johnson 3. Pledge of Allegiance 4. Roll Call Roll call was taken by staff liaison, Danielle Pope. All members of Mayor and Council were present; Councilwoman Gott joined through Zoom. 5. Additions/deletions to the published agenda Councilman Pope motioned to approve the agenda as published. Councilman Pressley seconded the motion. All were in favor. Motion passed. 6. Consent agenda a. Council minutes of 2/3/2025 b. Executive Session minutes of 2/3/2025 Vice Mayor Rasmussen motioned to approve the Consent agenda. Councilwoman Dr. Upshur seconded the motion. All were in favor. Motion passed. 7. Non-agenda items a. Mayor and Council Members Mayor Johnson moved the Election Board swearing in to this place. Beryl Cook, Beverly Pickney, Brooks Keen, and Yvette Sullivan repeated the Oath of Office after Mayor Johnson. They were able to leave after they signed their papers. Mayor Johnson then continued with the updates from Councilmembers. Councilwoman Dr. Upshur – on Saturday the 8th, she attended the American Legion Annual Award Ceremony dinner and the Lynx Chocolate Hour which celebrated arts, music, spoken word, and highlighted prostate cancer awareness and resources. On the 15th she attended the Palatine dinner and event at Bon Ayre, (senior community in her district). Councilman Johnson – thanked the employees for their hard work and keeping the town running. Councilman Pope – reminded everyone that the St. Patrick’s Day parade will be in Smyrna on March 16th, a Sunday. It’ll start around 2 P.M., but there will be more information as the day gets closer. He thanked the employees for their tremendous job, especially during snow. Councilman Pressley – Charter Review will be on March 13th, downstairs at 5 P.M. Vice Mayor Rasmussen – did not have anything to speak on Councilwoman Gott – congratulated the Election Board who were sworn in. There is a Parks and Recreation meeting on the 19ths at 6 P.M. at the Police Department. On March 29th, the Veterans’ Monument dedication will be held at the Municipal Park. The St. Patrick’s Day parade is March 16th. She said if anyone is interested in being a part of it, to reach out to Stacy Lightcap. Mayor Johnson – talked about the Opioid Commission. With the change in governorship, things have been put on hold for a while and there’s some reorganization happening. It will not run out of the Governor’s office anymore; it’ll be through the Department of Health and Human Services. He is hoping that the change will make the Commission less political because $71 million was collected but only $17 million has been dispersed and the rest is still just sitting. Nothing has come to local governments, which is what he’s been working on for a while, so with the change, he’s hoping it’ll get taken care of. b. Police Chief c. Town Manager Chief James - started with a document he provided to Council regarding end of the year items. Thanks to Kathleen, (Budget Manager), there’s a comprehensive financial report included. Delinquent letters have been sent out for anyone that is 12 months past due, (through our solicitor’s office). He said that roughly 100 letters were mailed. The Town Solicitor, Barrett Edwards, said that more than that was sent out. He mentioned that with the weather, residents should get on the app that we now have; it will help them. We will utilize that the best we can to notify the public about what’s going on. Electric shut offs are scheduled for Thursday; the weather is being monitored. He asked that they help make sure robo calls do not need to be made again. He said if anyone had questions, they can ask him, but he knew that there was a lot on the agenda. Mayor Johnson asked the Town’s Solicitor, Barrett Edwards, if he had anything. He knows that it’s not typical to call on Barrett, but he felt that every so often would be fine. Barrett did not have anything to talk about. 8. Old business, including discussion and possible action on the following items: a. Third reading and adoption 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. Councilman Pope motion to approve the third reading and adoption of Ordinance No. 001-25. Councilman Johnson seconded the motion. There was no further discussion. Motion passed. b. Third reading and adoption 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 Councilwoman Dr. Upshur motion to approve the third reading and adoption of Ordinance No. 002-25. Councilman Pope seconded the motion. There was no further discussion. Motion passed. 9. New business, including discussion and possible action on the following items: a. Election Board swearing in: Beryl Cook, Beverly Pickney, Brooks Keen, Yvette Sullivan* This was done prior to item 7. Mayor Johnson swore them in. b. Smyrna School District Impact Fees presentation Nick Marvel with the School District spoke on this first. He said that about eight months ago they came to Council asking for permission to go out to bid for an impact fee study. It had been about 20 years since the last, so historically it needed updating. With him at the meeting was Chris Hughes, from the School Board, and Ben Griffin, from Tischler- Bise, who will be given the presentation. Ben Griffin stepped forward to give the presentation. They worked with the Town on fees back in the fall and finished working with the School District. He said that impact fees are a one time payment for growth related capital costs. They can’t be used for operations, maintenance, repair, replacement, and rehab. This is for new capital facilities that add capacity. There are three things they have to prove with the study: 1) They are looking at enrollment growth and the need for infrastructure. 2) They have to prove that the fees are proportionate to demand. a) They look at different types of residential development and then how many students on average they can generate. b) They calculate civic fees for a single family vs. a multi-family vs. a mobile home. Using census data, they can say that this is how many public school students there is on average within different types of housing units within the time. 3) The people have benefits. Essentially that’s making sure that you’re spending the money within a time frame. There are three methodologies. 1) Cost recovery, (past) – paying off debt if there’s an existing capacity 2) Incremental Expansion, (present) – maintaining the existing level of service 3) Plan-based, (future) – looking to the future and saying that this is what they’ll need and somehow getting to that level of service They have looked at credits. The first is site specific. The only way this would be an issue is if a developer dedicates land or builds a school and so instead of charging them an impact fee, they will get a credit for that infrastructure. The next is debt service or dedicated revenues and that is included in the impact study fee. It reduces the impact fee based on those future revenues generated by development. There are two components. 1) Facility space 2) The land needed to place the school They are using the Incremental Expansion Approach methodology. How many square feet per student. How many acres per student. They want to maintain that level of service going forward. This doesn’t take into account any existing deficiencies, it is only what is provided today and maintaining going forward. They include a credit to the existing debit, making sure that there isn’t a charge once the impact fee is generated through the property tax. He moved on to Student Generation Rates. They are taking a census for the larger area and adjusting downwards, so they are only looking at public school students and enrollment. They expect the single family unit to generate .473 students, so it’ll take about 2 units to have a full student enrollment at a public school. However, what is easier to understand is if there are 1000 single family units, it is close to 500 new students. If there are 1000 multi-family units, it is close to 275 students. If there are 1000 mobile home units, it is close to 400 students. He asked if there were any questions. Mayor Johnson spoke up about the taxes that were just raised, there’s referendum coming up, and now they’re talking about this. There are a lot of houses going to be built north of Smyrna and on Sunnyside. He wanted to know when they expect to come back or if they were planning far enough out that they won’t be back in the next two or three years. Nick said this is build so that they do not have to continue to come back for referendums or come back for as much as they are asking for now. He said that after the presentation is done, he has what the costs are with referendum comparisons if this is approved and enacted. What they would then go to the public for at a later day would be significantly less. (28:58) Mayor Johnson said that there’s 21-22 kids in a classroom. If they get 23, they will have to have another half a teacher. He wanted to know if this will reduce that need. He continued, saying that if there are another X amount of students, they’ll need another assistant supervisor, a superintendent, etc. at that school. He wanted to know if that was built into this. Nick said no, this is just for capital expense of the buildings that would be needed for the expansion. He said that for every 1100 to 1300 houses, they will need to build a new school. They will have to ask the existing district residents for that money through referendums, which is about $10 million, or raise impact fees, which the vast majority of that money would be taken by developers who are making the money off the developments. Mayor Johnson said that all that eventually rolls together. Nick said that what he was referring to were operational costs. What they are presenting are for capital expenses. It has been 20 years and it’s not been addressed, otherwise had it been, they would probably be in a better spot than they are now. Looking at the 1000, they would collect an average of about $1.8 million from those impact fees. In reference to the school that is currently being built, it’s costing taxpayers about $11 million. What they needed to do was go to the local taxpayers, who had nothing to do with the development or the need for another school and ask for $8.8 million. This is what they are trying to alleviate for the future, when those new homes get built; the impact fees will pay for the vast majority of what it will cost. Mayor Johnson agreed that he was trying to explain that so the people understand that this will help them. Ben Griffin asked if there were any more questions about this part before moving to cost factors. There were none, so he continued the presentation. The 2023-2024 enrollment year had about 6,000 students and looking ahead 10 years, they are looking at an increase of about 1,800 students. The question is, where do they put those students. Currently, K-8 schools are at about 88% capacity. The schools can take about 500 more students before being at capacity. With the high school, it is about 90% capacity. The idea is that by maintaining the level of service, future development is charge the impact fees, and that money goes into a school impact fee account. Then that money is there when an expansion or new school is needed instead of $15 million worth of debt. They understand that impact fees will never cover 100% of the costs and what they are showing now is today’s numbers and today’s costs. They understand that inflation happens, so the idea is to review the fees every three to five years; update sooner if enrollment trends are changing. It's about 100 sq ft per student in K-8 and about 180 sq ft per student in high school, so what is that cost per square foot? Reviewing recent projects, the average cost is about $170 per square foot. They are using that number to come up with the impact fees. They have also looked at recent land acquisition costs, which is about $132,000 per acre. Prices change, but for this study, these are the most reliable costs available. He talked about existing debt and that they want to make sure that there is an included credit to the impact fee. They don’t want future development to pay once on the impact fees and once through any sort of debt service. The included credit is almost $4,300 per student for future debt service generated through the remainer of the payments. He went back to the square foot per student per cost. K-8 is about 105 sq ft, at $170 sq ft per student, the amount is just under $18,000 per student. It is the same for land. .03 acres per student, $132,000 per acre, then for K-8 it is about $3,800, (per student), for land acquisition, then they include the credit. What they are talking about for K-8 is about $17,000 per student and for high school is just shy of $33,000 per student. They multiply those numbers by the student generation and get the proposed fees. For a single family unit, it’ll be just over $10,000, for a multi-family unit it’s just sky of $6,000, and for a mobile home it’s just over $9,000. The idea is that it, (the fees), pays for the school facility construction and the land acquisition for future development. He concluded and asked if anyone had any questions. Councilwoman Gott asked if these fees will be charged to everyone in the school district, not just Smyrna residents. Nick responded by saying that Smyrna is the first they are coming to, then they’ll go to the Town of Clayton, then to Kent County Levy Court. They all will have the same presentation and asked to have the same impact fees because right now they are three separate fees. Councilwoman Dr. Upshur asked about New Castle County residents. Nick said that it’ll be the same impact fees. It’ll actually bring them closer to what NCC’s impact fee is now. Councilman Pope asked if they were going to expand the high school or build a new facility. Nick said they are debating that. The State says that the high school can have a capacity of 2,000, but they, (the School District), feel they are currently at capacity with a little over 1,800. There’s nothing set in stone. He personally doesn’t feel like expansion is a good idea. Class changing with 1,826 at one time is rough. There are a few different though processes going on. They could take the current middle school and make that 9 th and 10th grade, leaving the high school at 11th and 12th grade, but there’s the issue of transitions and classes. They could build another high school with athletics and everything separate, but he feels that it would divide the town. Another idea is to build a vo-tech school. This is a good idea because it would give kids what they need when they leave or graduate from the school; college credits and/or certifications. Councilwoman Dr. Upshur said that she knows the school currently has a vocational program and asked if they would move that program outside of the high school and build another school to focus more on vo-tech? Nick said yes, they would build a vocational school that would expand on what they have and offer more. They could mirror other vo-tech schools and offer the same type of curriculum. She offered the suggestion of also expanding their arts program. She mentioned that there’s only one art school in Wilmington, Cab Calloway, and several students go back and forth from there. Nick said that was a good idea. He said that earlier the Mayor asked a question and he wanted to bring up some things in response. Within the Town of Smyrna, the Town of Clayton, and Kent County, Smyrna School District is the second largest based off of square miles. It is geared up for growth and that’s why they want to work on these impact fees. They want to take the burden off the existing taxpayers and put that more on the building of the homes that’s about to happen. He would appreciate it if they adopt these, to help them out in the future. A woman from the audience asked about the 55+ community and if they will still be taxes. Nick said yes, there’s a lot of that; especially with the referendum. They are working on an operation referendum now, which is separate from the capital referendum they are talking about. He mentioned that someone paid for his school when he was there, and someone paid for their school when they were there and so forth; people have to pay for the next generation of students. A man from the audience asked for some numbers, specifically percentage increase in school enrollment in the last five years and the projection for the next five years. Nick said it was on the slide, (#8). Currently they have a total enrollment of 6,610 students and in the next ten years they’re projecting an increase of 1,833 to 7,843 by 2033. He said that that is a high school. In the next ten years they will need to be game planning if the enrollment numbers are accurate; he feels the numbers are conservative. With the building going on and the way the State operates, procurement and acquisition processes take a long time, so they may be looking at the next five years. Building a new high school will be a significant burden on taxpayers at this point, so this is why they are presenting. They are starting with Smyrna first and then branching out to the neighboring communities. Vice Mayor Rasmussen asked if the request is for 100% of the allowable amount or a request up to that amount? Nick said it would be 100% of what is recommended. They feel that if they do not go to what is recommended, they will be coming back again in a few years; but as requested, it should be reevaluated every three to five years. He feels that it’ll put them in a better spot than where they are today. Vice Mayor Rasmussen mentioned that for clarification purposes this is specifically for residential development, it is not impacting commercial development. Town Planner, Jeremy Rothwell, said that the current impact fees for school construction, put in place 20 years ago in 2003, is based upon cost of construction with a cap, which is really not the right way to do that. Currently, non-residential, whether it’s commercial, industrial, or a State facility, pay a cap of $3,751. Moving forward, the non-residential uses would not be charged an impact fee. He did provide a comparison in terms of what cost of construction is for dwellings and existing developments in the past year. He provided examples for Ashland, Centreville, Cambria Village, the manufactured homes in Bon Ayre, and the proposed Simon’s Corner apartments; what the differential would be for them. There are 1,900 vested vacant building lots that are available, and a builder can apply for a permit tomorrow or within a short period of time. At the build out, it’s 3,500- 4,000 additional units in the town based upon what’s currently within the existing town boundary. Vice Mayor Rasmussen said that these numbers include projected growth. Smyrna has added 10,000 people in the last 20 years. The County, Clayton, and other municipalities have added more than that combined. He said this includes all of the square miles of the Smyrna School District, not just the Town of Smyrna. The woman that spoke earlier spoke up again and mentioned about the paying it forward scenario. She said that the senior community is on a fixed income and wanted to know where they are supposed to get the extra money. Nick said that this is alleviating that burden. If they are implementing the fees they are discussing today, those are going on the new construction buildings, they’re going to have to pay that impact fee. They will not have to come back to residents for a referendum that will raise taxes because the impact fees are going to cover the majority of that (new) school cost. She asked how that’s going to take place. He said that’s why they are there (presenting) and what they are trying to do. Basically, it’s going to go into an escrow account and get pulled out when they need to build a new school. He said that unless she moves and builds a new house, she doesn’t have to worry. Vice Mayor Rasmussen said that they need to move on and get to what’s being requested; which is implementing these at 100%. That is not on the agenda to vote on, but an ordinance can be drafted to address it. Councilman Pope asked about the reasoning for not having an impact fee on Commercial. Nick said it is because they do not have an impact on schools. The commercial property isn’t bringing in new students. Vice Mayor Rasmussen thanked the gentlemen and said that the Town’s attorney will draft an ordinance that will hopefully be on the next agenda. c. Library discussion* There was miscommunication. Mr. Horsey, who was doing the presentation, had joined via Zoom, but lost connection. There is a waiting with Zoom and during the school’s presentation he came back on. However, the school was using Zoom for their presentation and staff liaison Danielle was taking notes, so Mr. Horsey ended up leaving Zoom altogether. Councilman Pope made a recommendation to table this item to the next meeting. Councilwoman Dr. Upshur seconded the motion. All were in favor. Motion passed. d. First reading and adoption of Ordinance 003-25, amending Appendix A, Smyrna Zoning Ordinance to amend the CCM, Corridor Commercial, Zoning District to allow Transportation or Trucking Yards as a conditional use in said Zoning District Councilwoman Dr. Upshur motion to approve the first reading and adoption of Ordinance No. 003-25. Councilman Pope seconded the motion. There was clarification that this requires only one reading before being adopted; same with the next item. Vice Mayor Rasmussen asked if there were any questions now that it was clarified that this will be adopted if approved. Councilman Johnson asked if there will be a conflict of interest if Walmart trucks try to park in there, or if this is just for the industrial park. Town Planner, Jeremy, said that it would depend on what is applied to go there. It could be something that is just for the industrial park or just for an individual user, or an actual truck stop. There are a couple of truck stop companies that put facilities in. That could be for anybody. This is for them, (KRM). They see this as a need. They approved one lot in the industrial park for truck parking for one individual user; for Wesco, which just went into the 133.000 sq ft building, they created their own little truck yard just for that particular use. He continued that they won’t know that because there’s no application in front of them. Vice Mayor Rasmussen asked if there were any additional questions. There was no further discussion. All were in favor. Motion passed. e. First reading and adoption of Ordinance 004-25, amending Appendix A, Smyrna Zoning Ordinance, to establish sign regulations for the DR, Downtown Residential, and CCM, Corridor Commercial, Zoning Districts. This ordinance also eliminates references to the Central Residential Overlay (CRD) district, the North Corridor (NC) district, and the South Corridor (SCZ) district, which have been eliminated from the Zoning Code Councilman Pope motion to approve the first reading and adoption of Ordinance No. 004-25. Councilman Johnson seconded the motion. Councilwoman Dr. Upshur asked for discussion. She said that Jeremy mentioned earlier that Mt. Olive was applying for a sign, but there was no ordinance in place, their permit couldn’t be filed. Jeremy said that was correct. She clarified that this would allow people to move forward. Jeremy said it would allow them to apply for a special except to the Board of Adjustment. They have been sitting on the permit for 45-60 days and they were able to get it on the agenda at the last minute for the Planning Commission within the FOIA seven day window so they could make this change. Councilwoman Dr. Upshur thanked him for the clarification. Vice Mayor Rasmussen asked if there were any further questions or discussion. There were none. All were in favor. Motion passed. Town Solicitor, Barrett, noticed something on the footnotes and said they’ll need to be updated for consistency; footnotes 10 and 11. NC and SCZ Districts were merged into the CCM and the two footnotes reference NC and SCZ Districts. He said that unless anyone objects, he will update that to make those references to the CCM District. No one had any objects. (The ordinance will be updated and sent at a later date to be signed). 10. Presentation and public comments (3 minutes) Aaron Weisenberger, who was joining via Zoom, spoke to Council. He said that his wife is an employee of the Smyrna School District, and his daughter is a junior at the High School. He wanted to talk about the impact fees. He thanked the District for doing that. He said that impact fees are paid to the fire company, the American Legion ambulance company, and according to FOIA, the Town has given an excess of over $77,000 to the Citizen Hose Company, and the Town of Clayton has given over $80,000 to the Clayton Fire Company. In the same three year period, The Town of Smyrna has given over $72,000 to the American Legion and the Town of Clayton has given in excess of $61,000, to the purpose of impact fees paying for ambulance and fire services, along with school. He said comparatively, according to FOIA, the Town of Smyrna has only given the Smyrna School District just over $92,000 from impact fees over the last three years, while the Town of Clayton have given almost $177,000. A FOIA request from the School District provided different numbers; $184,000 from the Town of Smyrna and $388,00 from the Town of Clayton. He wanted to know why the Town of Clayton has given more than the Town of Smyrna when there are more physical students within the Town of Smyrna limits than that of the Town of Clayton town limits. He continued that they understand the impact fees can only be used in a particular manner for capital improvements, like what was presented. He said that the taxpayers have done their part with higher taxes and referendums, now it’s time for the Smyrna Council to do the same and increase the impact fee to the full maximum allowable amount and even consider increasing that maximum allowable amount. He thanked Council for their time. Yvette Sullivan spoke on the trash that is accumulating on N. Main Street. She said they are getting trash coming from the stores behind her home and everywhere else. She picked up a box one day with an address from Glenwood Ave. She wanted to know if anything could be done. The Vice Mayor said that the dumpsters should be within enclosures, but he wasn’t sure if people were dumping trash and it’s just blowing around. Chief James asked if this was something that has just starting occurring? She said it’s been going on for a long time, she’s just never complained, but she’s getting sick of it. Vice Mayor Rasmussen thanked her and said they’ll look into seeing if there’s anything they can do. A woman spoke up to talk about the senior discount. She would like them to take into consideration the methodology that is used now based on age and annual income. She would like them to consider age and time in Delaware because the average senior right now, their income is like $60,000, half of that is $30,000, but most of their homes are like $400,000, and they are on a fixed income. They could never pay their mortgage if their income was $35,000/yr. 11. 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) Vice Mayor Rasmussen asked for a motion to go into Executive Session. Councilman Pope motion. Councilman Johnson seconded the motion. All were in favor. Executive Session started at 7:59 P.M. 12. Possible action on matters discussed in Executive Session regarding personnel matters Council Chambers was on mute when Council came out of Executive Session. The time was 8:07 P.M., but it was unclear who motioned and seconded to come out. 13. Adjournment Council Chambers was muted, but Council ended Executive Session and started packing up. The time was 8:07 P.M. Posted 2/11/2025 at 4:30 PM (#1) Posted 2/13/2025 at 4:45 PM (#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.

Agenda

MEMBERS OF THE PUBLIC WILL BE PERMITTED TO PARTICIPATE IN THIS MEETING by teleconference by calling 312-626-6799 and entering Meeting ID number: 823 3782 0237 Passcode: 683402 or by visiting Join Zoom Meeting at: https://us06web.zoom.us/j/82337820237?pwd=3GVyGLZMKqnwzonllbnhtbioZxV9tZ.1 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware February 18, 2025 – 6:45 PM Agenda 1. 6:45 PM – Public Hearing to consider amending the CCM, Corridor Commercial, Zoning District to allow Transportation or Trucking Yards as a conditional use in said Zoning District and to establish sign regulations for the DR, Downtown Residential and CCM, Corridor Commercial, Zoning Districts. 2. 7:00 PM – Call to order 3. Pledge of Allegiance 4. Roll Call 5. Additions/deletions to the published agenda 6. Consent agenda a. Council minutes of 2/3/2025 b. Executive Session minutes of 2/3/2025 7. Non-agenda items a. Mayor and Council Members b. Police Chief c. Town Manager 8. Old business, including discussion and possible action on the following items: a. Third reading and adoption 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. b. Third reading and adoption 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 9. New business, including discussion and possible action on the following items: a. Election Board swearing in: Beryl Cook, Beverly Pickney, Brooks Keen, Yvette Sullivan* b. Smyrna School District Impact Fees presentation c. Library discussion* d. First reading and adoption of Ordinance 003-25, amending Appendix A, Smyrna Zoning Ordinance to amend the CCM, Corridor Commercial, Zoning District to allow Transportation or Trucking Yards as a conditional use in said Zoning District e. First reading and adoption of Ordinance 004-25, amending Appendix A, Smyrna Zoning Ordinance, to establish sign regulations for the DR, Downtown Residential, and CCM, Corridor Commercial, Zoning Districts. This ordinance also eliminates references to the Central Residential Overlay (CRD) district, the North Corridor (NC) district, and the South Corridor (SCZ) district, which have been eliminated from the Zoning Code 10. Presentation and public comments (3 minutes) 11. 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) 12. Possible action on matters discussed in Executive Session regarding personnel matters 13. Adjournment Posted 2/11/2025 at 4:30 PM (#1) Posted 2/13/2025 at 4:45 PM (#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.

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