Mayor & Council

MEMBERS OF THE PUBLIC WILL BE PERMITTED TO PARTICIPATE IN THIS MEETING by teleconference by calling 929-436-2866 and entering Meeting ID number: 817 5257 2771 Passcode: 177491 or by visiting Join Zoom Meeting at: https://us06web.zoom.us/j/81752572771?pwd=afk9lqba2vqTtEDK4i61c2a4xssaMg.1 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware March 3, 2025 – 6:45 PM Agenda 1. Public Hearing to consider an application from W. Scot Parsons to rezone approximately 0.67 acres of an existing 3.00-acre parcel (TM 1-17-01909-01-0100-00001) owned by the Smyrna Swimming Club, Inc. from R-1 Residential to R-2 Residential. The purpose of the rezoning is to allow the subdivision of said 0.67-acre area from the larger 3.00-acre parcel. The public hearing was called to order by Mayor Johnson at 6:45 P.M. Town Planner, Jeremy Rothwell, presented. He began by saying that the purpose of the rezoning is to allow the area to be subdivided into three lots. He said that when the Comprehensive rezoning was done, state law requires every parcel in town limits to comply with the Comprehensive Plan. That plan has a future land use map, and it designates areas for specifics: highway commercial, neighborhood residential, downtown residential, downtown commercial, and so forth. Sometimes the future land use is set at one designation, while other times it’s set for a couple of different zoning districts. This parcel was designated neighborhood residential, and the Comp plan allows it to be rezoned to R1, R1A, R2, R2A, and MHP. It’s part of the Smyrna Swim Club, which has been around since the 1950s, and has been zoned R1 since its annexation in 1963. The Smyrna Swim Club Board of Directors has voted to sell the back property where the tennis courts are, and the contract purchaser is interested in subdividing the property. There are minimum bulk standards that have to be followed in order to do this; lot widths, depts, sizes, etc. In the R1 District the minimum lot width is 85 ft. In the R2 District the minimum lot width is 50 ft. Julia Way is zone R2 and all the lots on the left side are between 50 and 60 ft, and those are single family and duplexes. At the end of Julie Way, there are a series of town homes with lots that range from 20 ft in width to 60 ft in width. An 85 ft lot would be out of character on this street and the applicants want to subdivide to three lots. At 85 ft, they would only be able to do two lots. The purchaser is looking to have three lots ranging from 60 ft to 70.97 ft in width, which is more in line with the lots on across the street and at the end of the cul-de-sac. In the opinion of staff, this, (rezoning), would be more keeping with the character of the existing community. The Planning Commission had their meeting last week and recommended that the application be approved by Town Council. He clarified that the back parcel, the .67 acres, is what  is being rezoned. The Swim Club will remain in the R1 District. He asked if anyone had any questions. Mayor Johnson asked how it would work if the purchaser decided to change their minds and have two lots instead of three. Jeremy said that this property is currently under contract and the applicant is asking for the rezoning so that they can submit the application for the subdivision of three properties. It’s what the purchaser wants to do. Councilwoman Gott asked if this was one of the areas with an infrastructure problem, and if so, if the area is strong enough to have three more homes on it. Assistant Town Manager, Jason McNatt, said that they wanted to tie the pool to the sanitary system, but at the time it wasn’t feasible. Jeremy let them know that the applicant would be working with Public Works to extend utilities to serve the lots. Someone from the public asked about impact fees. Jeremy said that they would have to pay just like any other lot. Mayor Johnson asked if anyone was there to speak in favor of this. Robert Newnam spoke on behalf of the Swim Club. He said that the tennis courts that are on the .67 acres is no use to them and the funds that they would get from the sale of the property would allow them to do maintenance projects that are needed for the pool. He said that he did not attend the Planning and Zoning meeting. Mayor Johnson asked if there was anyone else to speak in favor. He then asked if anyone wanted to speak against. No one else spoke. Mayor Johnson closed public hearing portion of the meeting at 6:52 P.M. 2. 7:00 PM – Call to order The regular meeting was called to order by Mayor Johnson at 6:59 P.M. 3. Pledge of Allegiance 4. Roll Call Staff liaison, Danielle Pope, did roll call. Councilman Pressley and Councilman Johnson were absent. 5. Additions/deletions to the published agenda Vice Mayor Rasmussen motioned to accept the agenda as published. Councilwoman Gott seconded the motion. All were in favor. Motion passed. 6. Consent agenda a. Council minutes of 2/18/2025  b. Executive Session minutes of 2/18/2025 Councilman Pope motioned to approve the Consent agenda. Councilwoman Gott seconded. All were in favor. Motion passed. 7. Non-agenda items a. Mayor and Council Members Mayor Johnson – went to the groundbreaking for the new DNREC building by the Delaware Home and Hospital. He mentioned to Chief James and Assistant Town Manager Jason, that there are two acres of land in the same area and wanted to know if there were any thoughts of doing anything with that or should they talk later. Chief James said they can talk about the property later. Councilwoman Dr. Upshur – she thanked staff for all they do and read about the history of Women’s History Month. It is an annual observance to highlight the contributions of women. It is celebrated during the month of March in the United State, the United Kingdom, and Australia, corresponding with International Women’s Day, which is on March 8th. It is observed during the month of October in Canada, corresponding with the Celebration of Persons Day on October 18th. Women’s History Month can be traced back to the first International Women’s Day, (IWD), in 1911. [Women’s History Month, used to be Women’s History Week, which was started in 1978 in Santa Rosa, CA as a local celebration before expanding nation-wide]. Laura X organized a march in Berkeley CA on IWD in 1969. The day had been largely forgotten about in the U.S. before that, and the march led to the creation of the Women’s History Research Center, which archived women’s movement from 1968 to 1974. Laura X called for National Women’s History Month to be built around International Women’s Day. The Women’s History Research Center collected nearly one million documents of the women’s liberation movement and has it available for view. The National Women’s History Alliance carried on their ideas, including successfully petitioning Congress to declare March as Women’s History Month. In March 2011, the Obama Administration released a report, Women in American: Indicators of Social and Economic Well-being, showing women’s status in the U.S. in 2001 and how it changed over time. This was the first comprehensive federal report on women since the report was produced by the Commission in 1963. This year the National Women’s History Alliance is focusing on moving forward together, women educating and inspiring generations. This theme celebrates the collective strength and influence of women who have dedicated their lives to education, mentorship, leadership, through their efforts that have served as an inspiration for all generations, both present and past. Councilwoman Gott – she ran down a list of upcoming events in March. March 15th – I Love Smyrna School District Day March 16th – the St. Patrick’s Day parade March 19th – Parks and Recreation meeting at 6:00 P.M., at the Police Station March 22nd – American Legion Ambulance Company is having a shrimp feast. 1:00 P.M. to 3:00 P.M. is take out and 5:00 P.M to 8:00 P.M. is dine in.  March 29th – there is a monument dedication at George C. Wright Jr. Park, at the monument park, from 2:00 P.M. to 3:00 P.M. Handicap parking will be at the end of the parking lot and regular parking will be at the school. The fire police will be there to help people cross the street. The entire parking lot will be blocked off, so she’s asking that only handicapped parkers enter the parking lot. She had the opportunity to be a judge for the Business Professional Association for the high school at Bally’s. She said it was an amazing experience. Smyrna High School took about 30 kids to compete and 28 of them came back with significant enough positions to take themselves to Orlando, FL, to compete. Today was Read Across America. She read to a kindergarten class. As Women’s History Month, Dr. Upshur and herself had the opportunity to present a tribute to Joanne Masten at Kent County Levy Court on behalf of the National Foundation of Women Legislators, for being the first female president of the Kent County Levy Court. That event was last Tuesday, (2/25/2025). Councilman Pope – he will be taking part in Read Across America tomorrow and will be reading to a third grade class. He mentioned that Charter Review will have a meeting on the 13th at 5:00 P.M., downstairs. Vice Mayor Rasmussen – talked about the murals. The second of the two murals that are being installed downtown, funded by the T-Mobile Hometown Grant program, is almost complete and will be installed the middle of next week. This mural features Richard Allen. He was an enslaved individual outside of town here, who after purchasing his freedom, went on to do some amazing things and leading the African American community and founding the AME church. He continued by saying that we’ve been working with a great group of historians from the church and from the University of Rochester to craft a mural that highlights his life and legacy. The mural will be installed on the south facing side of what is known as the Stokesbury House, which is next to the Smyrna Opera House. We’re looking to have a ribbon cutting either Friday the 14th or Saturday the 15th. He hopes everyone can attend. Mayor Johnson said that the 15th is going to be a busy day. Councilwoman Gott – she said that there’s a new boutique that opened up in town and they were going to do their ribbon cutting on the 15th, but because of I Love Smyrna School District Day, they are not. They are looking to get a table at the event instead and will get back to the town with a ribbon cutting date. Mayor Johnson – asked about the Little League and their opening day. Councilwoman Gott said that she hadn’t received a call or email about it. He said he couldn’t make it because his daughter was competing. There was overlapping discussion from several members that the opening day hadn’t happened yet. Mayor Johnson said he got a call from Chris Hudson about it and will call him back. Councilwoman Gott thought that the first day of practice would be the 16th; it’s a Sunday. b. Police Chief c. Town Manager  Chief James – said that we’re continuing to work on updating all of the accounts. It’s been a task getting everything updated from the change. They’ve just gotten into the ARPA reporting for 2024 and should have that updated and closed out. He said that they are closer to closing out the 2023 audit and is hoping to have that done soon. Jeremy, Jason, and he have been back and forth, meeting regularly, in trying to acquire the Linden’s property. There have been a few challenges, but he thinks they have found another option to help them move forward. He’s hoping that by the end of the week they’ll have some type of resolution to this and that it will make Mr. Keys much happier. (Mr. Keys is looking to purchase property from the town). He continued on by saying that they are still in the process of transferring everything over to WSFS Bank. A majority of the accounts are currently in WSFS, but one account still needs to be closed out. Mayor Johnson asked where they stand with the daily finances. Chief James said that we’re back and said that there is an attachment with the bi-monthly report, [this report is uploaded in the agenda software system that Council has access to]. On the police side of things, he has Lt. Donner in the audience. He has asked him to start attending the meetings to help offset with some of the police. He said they’ve been working very diligently. Their numbers look about the same. There’s a calendar, [in the report], that has events, approved permits, that will be on that; it includes their room and events. There was overlapping talk from Councilmembers with Lt. Donner and welcoming him to the meeting. 8. Old business, including discussion and possible action on the following items: a. 9. New business, including discussion and possible action on the following items: a. Election Board swearing in: Daniel Young Mayor Johnson swore in Daniel Young b. Library discussion Rick Horsey, joining the meeting through Zoom, presented on behalf of the Duck Creek Regional Library, (DCRL). He thanked Torrie and Council for letting DCRL use the library until the new library is complete. He said it was going well. He also thanked Cody, Jake, Jason, and Jeremy, [Building Inspector, Public Works Director, Assistant Town Manager, and Town Planner], for their help with the planning and making sure that the construction stays on track. He said that as of right now they are due to finish the project sometime in the middle to end of April. Their contingencies are intact for the owner contingency and they are on budget. They hired another full-time staff member and a part-time staff member; they have about 10 people now and at full staff they’ll have 14. They have a daily average of about 120 people. They have set a goal of 350 people for the new library. He went over some key dates. March 15th – they will be closing the town library March 17th – they will start moving and transitioning to the new library March 31st – they plan to be out of the town library  April 21st – they will start installing furniture, and that’ll take about three weeks; it’s already been delivered and is being stored in the meeting rooms End of May, beginning of June – anticipation of the library’s opening There are three things he wanted to bring to council to discuss. 1 – the town library collections and furnishing that have been requested by Pat Young, the Library Director. He thinks that Torrie said they could have the paper collections, but he wasn’t sure about the electronics. When he spoke with Pat, she said they don’t have much electronics, but the paper collections and some furnishings. He did mention that this was first brought up in July 2024 but still wanted to know if it was okay that they donated those things to the new library. If so, he would like that in writing. They want to make sure that they only take the things that the Library Director has requested. Mayor Johnson spoke up saying that he did a walk through with the librarian and there was a painting she liked, so he wanted to know if Rick was talking about the paintings too. Rick said yes, the things that have been donated to the town library. He said there are a couple of things they liked to take to the new library. Mayor Johnson asked Council what they’d like to do. They each said that they were not in opposition. Councilwoman Gott made a motion to donate the old library items, inclusive of whatever was going to be made to the new Duck Creek Library. Councilman Pope seconded the motion. All were in favor. 2 – there have been funds designated to the library from both private individuals and state/county. They wanted to know if those can be transferred over to the new library since the current library will be closed. Mayor Johnson asked where the town stands on those funds. Chief James said that there are reconciliations that need to be finalized. He said that Kathleen, (Budget Manager), has been working on that for the last couple of weeks. Once those are closed out, they can do the transfer. Mayor Johnson asked for a time frame. Kathleen spoke up and said that she believed the deadline was around April 1st. Mayor Johnson asked Rick if he heard what Kathleen said and repeated that he’ll have that number by April 1st. Rick said that Kathleen has been working with the Library Director, Pat Young, about the different funds that they would like to see transferred. He asked if a motion would be needed for this. Mayor Johnson said this is a procedural thing that has to be done anyway, so a motion is not needed but once it’s done, they’ll make a motion at that time. 3 – he said that about three weeks ago, or so, he took Assistant Town Manager, Jason McNatt, and Jake, (Public Works Director), through the new library to show them how the library coming along. As far as the construction update, there are designated parts of N. Main that will be repaved. He said that the Town of Smyrna is owed $440,000 for two properties. They have allocated the funds in their construction budget, so the money is there. The former town planning office has a lease sale agreement to DCRL for those properties. The property that is out front was the old post office, then the Smyrna School District building, then the Smyrna Planning Department. During demolition they discovered that the building had extensive asbestos contamination. They believe that the town should have known that was there and had the property abated before the town staff started working there and certainly disclosed it to DCRL before the lease or sale. They are respectfully asking that the town deduct the cost of the asbestos abatement from the amount owed on the purchase of the two properties.  Mayor Johnson said that the money’s been sitting since 2016, which is when he believes they took over those two properties. He said they kind of knew it would be a struggle based on what a library is as to recoup those funds. That money came out of the budget reserve, and he feels that now the town is in a position, and has things in place, to recoup that money without the library; not that they wouldn’t want money back from the library, he’s just saying there are things in place now. He wanted to know what other council members thought. He asked if they wanted to offset part of those funds by what was discovered in the building? Councilwoman Gott asked why Planning and Zoning was moved from that building and when was the sale of the building? Mayor Johnson said they moved in 2016 or 2017, and it was because of water leakage. Councilwoman Gott said she was in office when they moved, so it had to be after 2019. Jeremy, (Town Planner), said that they moved into the building in 2019 and then moved out in December of 2021; moving to the former daycare, [that was behind the building]. Councilman Pope asked Jeremy if he knew that the town was aware of the issue. Mayor Johnson said that Jeremy could speak freely if he wanted to. Jeremy said that he is not a scientist or part of environmental health. Councilwoman Gott said that she doesn’t want to do the wrong thing, but she knows that the Charter says whatever is taken out of the rainy day fund has to go back. She wasn’t sure how to balance that or where to get the money to put back in the rainy day fund. If it isn’t from the library, what mechanism would they use. Mayor Johnson said that it would be the same mechanism that was created with the Capital Reserve Fund; the water and electric. Councilwoman Dr. Upshur asked the Mayor if the audience could lower their voices. Mayor Johnson asked for them to quiet down before continuing. He said that the Capital Reserve usually has a surplus because of water and electric, so that is that fund’s mechanism. The General Fund has never had a surplus, so without the ability to have one, there’s no money to put back. The only way money can be put back in the General Fund is through a transfer from the Water and Sewer Fund and move that into the Budget Reserve. Councilwoman Gott asked how the monies borrowed will get back into the rainy day fund that are different than these monies. Mayor Johnson said that it would be how he just explained it. Councilwoman Gott said she understands, but someone has to pay the town back so it can get that money. Mayor Johnson said that was up to Council on how that money comes back. Councilwoman Gott asked how Council lent that money in 2016 without making plan. Mayor Johnson said that it was put back and it was assumed that it might come back sooner, but it didn’t. He said that 2016 is in the past, no one can go back, and so they have to put something in place now in order to do that. Councilman Pope spoke up and said that the question, and heart of it, is that they are asking for a reduction due to the issue with the asbestos. His question is about documentation of the sale and the criteria of the sale with the building. He would like to see a copy of that at the next meeting so they can take a look at everything before making a decision. Mayor Johnson asked the Town Solicitor, Barrett, if that’s something that can be done. Barrett said that there are resolutions in place and stuff that can be provided. He posed a question regarding the cost of the asbestos remediation. If it is a significant amount, $350,000 of the $400,000, versus $15,000, that’s a key piece of information that is needed. Councilman Pope agreed, saying that they’d like to see that information. Mayor Johnson said the sale was $356,000 and it’s in our ordinances. Vice Mayor Rasmussen spoke and said that the sale that’s being talked about isn’t for that building. The building was donated by the School District; it was transferred to the Town. Barrett said that together they’re talking about 3-5 different parcels. Vice Mayor Rasmussen continued, saying that the property that was purchased by the Town was owned by the  Wagners, where they had their daycare. The Town didn’t spend money on the School District building, but did spend money on other pieces of property that were bought together. Councilman Pope asked if the Town sold the School District building to the Library. Vice Mayor Rasmussen said that he believed the Town transferred it. Barrett said that the Town owned some of the property, acquired some of the property, consolidated it into one and then is leasing the entire lot to the Library. Vice Mayor Rasmussen said that they didn’t sell anything to the Library. Barrett said that was correct. Councilwoman Dr. Upshur said that she would like to review the documents before making any type of motion on funds. Barrett said he could put together a memo with the background of the situation. Mayor Johnson said that this will be tabled until Barrett lets them know. Barrett said that this can be put on the agenda for two weeks from now. Mayor Johnson asked Rick if there was anything else. Rick said that was all he wanted to present. Mayor Johnson said that in the meantime, Council needs to think about a mechanism to fund the rainy day fund just like what was done for the Capital Reserves fund. It’s something that’s been talked about. Councilwoman Gott asked if staff could be asked to make a recommendation to Council since they are the ones who have their hands in it, and they could best tell Council where to do that. Mayor Johnson said yeah, and Council can also come up with ideas because everyone has some history on how it was created. c. First reading of Ordinance 005-25 to amend Chapter 32, (Impact Fees), to update school construction impact fees based on dwelling type, which shall be adjusted annually for inflation, and to clarify the classification of dwelling types for calculating impact fees Vice Mayor Rasmussen motion to approve the first reading of Ordinance 005-25. Councilwoman Gott seconded the motion. Mayor Johnson asked if there was any discussion. Vice Mayor Rasmussen thanked the School District and members of the School Board who presented. In his opinion, this is very long overdue, and they just updated the impact fees for the municipal impact fees: fire and ambulance. It’s vitally important for the long term infrastructure needs of the entire community that they are regularly updating the impact fees, and this is a big step in that direction. Tying it inflation, he thinks, makes sure that they are going forward in a very responsible way to address the future growth of this community. He’s happy to see it and is looking forward to it being put in place. Mayor Johnson asked if there were any other comments. Councilman Pope said that he would like to encourage them to consider a VO Tech or performing arts school, which would be great. Councilwoman Dr. Upshur said she shared that too at the last meeting. Mayor Johnson asked if there was anyone else to speak; no one did. He asked all for in favor and all opposed. All were in favor. Motion passed for the first reading. d. First reading and adoption of Ordinance 006-25, rezoning 0.67 +/- acres of 214 South Carter Road, (Tax Map ID: 1-17-01909-01-0100-000), from the Residential, (R-1), Zoning District to the Residential, (R-2), Zoning District in the Town of Smyrna Councilman Pope motioned to approve the first reading of Ordinance 006-25. Councilwoman Gott seconded the motion. Vice Mayor Rasmussen pointed out that this is also an adoption. Councilman Pope amended his motion to include adoption. Mayor Johnson asked if there was any discussion. Jeremy said that he didn’t have anything to add from the Public Hearing. There was no other discussion. All were in favor. Motion passed for the first reading and adoption. Jeremy inquired if they had to state their reasons. Barrett also said they had to do so. He gave examples of reasons: based on testimony, it’s going to be in conformation with the surrounding area and will fit in with similarly like properties, it’s going to be in compliance with the Comprehensive Plan, things along those lines. Councilwoman Dr. Upshur – is in agreeance as it was recommended, and this will be in and coordinates with the property surrounding it and also because they mentioned that they are not in need of the tennis courts, and that this would be beneficial to the rezoning plan as was mentioned earlier. Councilwoman Gott – this comes at the recommendation of staff, the pool [reps] spoke, and they were in favor, and it’s in accordance with the Comprehensive Plan. Councilman Pope – votes to approve based on the recommendation of staff and the fact that if fits within the Comprehensive Town Plan. Vice Mayor Rasmussen – votes to approve based on the recommendation of staff and in accordance with the Comprehensive Plan. Mayor Johnson – votes to agree based on the recommendation from staff and in accordance with the Comprehensive Plan. e. First reading of Ordinance 007-25 to amend Chapter 18, (Buildings and Building Regulations), Article XI, (Rental Properties), to establish new regulations for rental properties in the Town of Smyrna Councilwoman Gott motioned to approve the first reading of Ordinance 007-25. Councilman Pope seconded the motion. Vice Mayor Rasmussen asked Jeremy for an overview of this. Assistant Town Manager Jason spoke up and said this was his topic. There have been some issues with short term rentals, and this is to tighten up the ordinance. [His voice faded out on Zoom with the following comment and is transcribed as best it could]. He said that we would allow the documented owner to use it as an independent revenue, and also increase traffic to the town, but also to maintain a short term rental and not a longer term rental which sees some of the nuisance and they can disrupt the quality of life. Once of the biggest changes would be the owner of the property of the rental must be a town resident. The owner is responsible for not allowing any illegal criminal activity on the property or from the guests to create a public nuisance, and the short term lease of the rental license is followed through appropriately. Councilwoman Gott spoke up and asked if this addresses reaching out to the property owner. She said that she imagined what sparked this was with an issue with an Airbnb. Police went out and talked with those running the Airbnb, but if the owner of the property doesn’t know, not only do they allow them to repetitiously come back, but they don’t know that their property’s ever been in question. She asked if a mechanism would be in place to contact the property owner to ensure that they’re aware of what’s going on. She said it’s similar to what they did on S. Main St., with the infrastructure. They told the renters, but not the actual owners. Chief James said that that would come from them. There’s a Town ordinance and there’s a violation of the Town ordinance where there could be a summons that’s issue and that will come from them, [police department?]. Vice Mayor Rasmussen said that it does state that they have to provide the contact information, name, email, phone number, of the caretaker and an alternate caretaker. Councilwoman Gott asked about the people who currently own Airbnbs and don’t reside in  Smyrna. She said that one property owner lives in Florida and someone in Townsend manages the property. Town Solicitor, Barrett Edwards, said that they can convert it into a long term rental. Anything 30 days or less is considered a short term rental. If it’s going to be less, the rental is the primary residence, and they have to live in Smyrna. So, this is going to limit the Airbnb possibilities. Councilwoman Gott said that looking at a map there are a lot of Airbnbs that weren’t there in May. Barrett said that those Airbnbs, where the owner lives there as their primary residence and says someone can rent this and I’m leaving for the weekend, then that’s fine. If not, then they would have to convert that to a long term rental. Jeremy said that it’s important to recognize that even if it’s permitted by the Town, the newer developments all have restrictive deed covenants. So, if it’s not permitted by the restrictive deed covenant, that’s a civil matter between the two parties. He said in most cases the new restrictive deed covenants do not permit short term rentals. Vice Mayor Rasmussen called for all in favor or any opposed. All were in favor. Motion passed for the first reading. f. Resolution 001-25 authorizing the Town to acquire two lots now, or formerly known as, Lots 554 and 715 in the Meadows of Smyrna Subdivision, TMP# DC- 17-028.01-15-97.00-000 and DC-17-028.01-15-48.00-000, from Liboria Investments III, LLC, as a donation to the Town. * Vice Mayor Rasmussen motioned to approve Resolution 001-25. Councilwoman Gott seconded the motion. Town Planner, Jeremy Rothwell, spoke. He said that he’s been working with Jason and the Ramunno’s on this property. This is in the Graceville development on the south side of Rabbit Chase Ln. They recently recorded the subdivision for 694 lots. They’re taking the corner open space parcel, and they are going to give it to the Town and we’re going to develop it for a well house with the Public Works Department. We’ll maintain the property and the open space; which will have some recreational amenities. Councilwoman Gott asked about the recreational amenities; will it be a park? Jason and Jeremy both said yes. Jeremy continued by saying that it’s a requirement of the subdivision. Councilwoman Gott asked if it’ll be a Town park or part of the community. They said it’ll be a Town park. Vice Mayor Rasmussen asked what the total size of the lots are. Jason said about five acres. Jeremy agree. Vice Mayor Rasmussen said that sometimes when you think of residential lots, they’re third acres. Jeremy said this is essentially a single family home lot and then the open space parcel. Mayor Johnson called for all in favor or any opposed. All were in favor. Motion passed to approve Resolution 001-25. 10. Presentation and public comments (3 minutes) The floor was open for public comments at 7:44 P.M. Six people spoke. Pia Robinson – she had two questions. Her first question was about the lot on Glenwood Ave that was advertised as a Farmer’s Market. She noticed it’s been cleaned up and wanted to know what’s being done with it, if anything. Vice Mayor Rasmussen let her know that that is a privately owned lot and they have not done anything. Jeremy said that the property is owned by an outside investor in Wilmington and Town staff has been working with them to get them to do something with the property. We have set them up with engineers and architects but have been unsuccessful in getting them moving. However, they are paying substantial vacant building fees. They can build and we’re working with them to get that done. Pia said okay and thank you. Her second question was about a presentation from last year for the turn at Wheatley’s Pond and Carter Rd. She read where they’re going to start cutting the road and wanted to know which project they chose. If it was the cheaper one or a bigger one because they got more money. Jeremy said that it is a project by DelDOT, that’s part of their CTP, Capital Transportation Plan. DelDOT hasn’t done anything with this plan. He said maybe what was in the paper was DelDOT’s other plan, which is with the Dover/Kent MPO. They are looking at the alignment of entrances along Wheatley’s Pond Rd as it goes into Clayton. There are a lot of staggered intersections that are very difficult to drive around, so DelDOT is looking to make improvements with those. Pia said okay and thank you. Wayne Hopkins – he asked about the date for the Richard Allen mural, if it was the 13th or 14th. Vice Mayor Rasmussen said that they are trying to determine what day so they can get everyone together. Wayne asked if there was a time. Vice Mayor Rasmussen said that there wasn’t one yet. Jeremy said that we’re working with the AME Church, and they are doing their State annual conference. We’re trying to get the delegation from Dover, their Bishop, and everything, to come to the site. We’re trying to coordinate it with their conference to be able to get all the pastors from the AME denomination. Wayne asked if this will be on the Town’s website once a date has been agreed on. Jeremy said that it would be. Wayne said okay and thank you. Vicky Blair – asked about the library. She wanted to know if they purchased the building that had the asbestos in it. And if so, where does their due diligence lie in not inspecting it prior to the purchase for damages and issues. She said if she was buying a house, it would have to be inspected before she purchased it and if a problem was found, she would bring it to the seller. If the Town sold them the building and they didn’t perform an inspection, then why down the road, would the Town decrease money for things they’ve found. She said that personally, she wouldn’t be able to do that with her bank. She knows she might not get an answer, but those are things that Council should think about. Her next topic was about the Charter. She has had numerous discussions with Council about it, and she wants to thank whomever for bringing it current, and she did notice the 2024 and 2025 ordinances, which is great. She was told the library was a resource for her to get the Charter, but their most recent one is from 2003. She wasn’t sure if Duck Creek was going to take over housing of that information for the Town, but if they do, she would hope that they would get something that’s more current. She wasn’t sure how often the book is printed, she knows it’s expensive, but the information is not current in the library. She’s been looking for things prior to 2024, but it’s difficult to find; she had to search all over the website for it. The average person isn’t going to find it. At the bottom of the website there’s a link for miscellaneous ordinances and she should be able to click it to get to the latest. She continued by saying that if the rules aren’t there for us to, we can’t follow them and it’s hard when they are tucked away, and people aren’t going to look for them. She gave kudos for what’s been done so far, but she’s looking to not only protect the residents, but Council also. She said it’s not user friendly and if someone is moving into the Town and wants to find the current rules and regulations, they won’t find it. Mayor Johnson thanked her for her hunting skills. He said based on how staff has been performing this past year, and what they’ve been going through and dealing with, they’re doing a phenomenal job. He appreciates what she’s done because they need someone from the public going behind and seeing what the Town needs to improve on, but, he said, in the future if she needs an ordinance, she should come to the Town first. Chief James spoke up and talked about the process. Ordinances are sent to Muni Code, and we are at their mercy. They are on a schedule when things are published. He had a conversation with staff liaison, Danielle, about two weeks ago to make sure these are updated. We send it out and Muni Code updates it quarterly, if not longer. Vicky said she was just concerned, because if it’s not there for the public to see it in a place that should be easily accessible, then she said that maybe the Town should rethink about who’s doing that end of it. Chief James said that he wasn’t sure if there’s another alternative or not; would probably cost money. Mayor Johnson said that they’ll, [admin staff], will have to take care of it. Vicky said that she appreciates what’s been done, but if you’re on the outside trying to find it, it’s not an easy find. Mayor Johnson said okay. Larry Strozeski – he has two items he liked to talk about. He wanted to know if lots 554 and 715, in the Meadows, are clear lots. There’s no oil dump site, no asbestos dump site, debris dumped or buried. He feels that they should know that before it’s taken as a donation. Because then it’ll be on the Town to clean it up. He then wanted to know if the library building was weatherproof yet. He added a third item and that was to say that if the library acquired the property for free, and now they’re looking for funds to offset the cost of the asbestos remediation, that’s on them. He said thank you and sat down. Irene Strozeski – thanked Vicky for being a digger and said that there need to be more like her; she’s trying to protect everyone. She then spoke about the library. She said when Margaret Mann left, she said her agenda was the library. Anyone who was on Council, and other people, know that. The Friends of the Library came forward and asked for a lot, and from day one, she, (Irene), said it sounds like a money pitch. They already have a double whammy on the taxes and the people of the town are not looking for anything more. As far as taxes, it’s an itty bitty bit and then another itty bitty bit, but this luxury it was very bad and she still thinks it’s going to be a money pit. She said they should be very careful on what they are giving away. Like Vicky and her husband says, it’s a serious matter. This is how other institutions come in and try to backdoor them. If they bought the property the way she’s thinking, they had a responsibility to have an engineering inspection. If that property was sold to them as is, it was still their responsibility to have an engineering inspection. We all know that to get rid of asbestos, even if it’s 50 years old, it's not cheap. They’ll be back, and they’ll be back, and they’ll be back. Mayor Johnson said okay and asked if there was anything else. Cindy Coger – thanked the Town, specifically Lucy in Public Works. She said that Lucy is always calling her back and she thinks Lucy does a great job. She spoke to Mary and wanted to thank the Town for finally getting the lights on Main Street fixed. Instead of being on in the daytime for two weeks, they’re off in the daytime and on at nighttime. She also said that her house has asbestos, and she had a home inspection and was not told there was asbestos in the siding of her house. She’s not saying that the Town should or should not reimburse the library for any of the asbestos, but an inspection doesn’t always tell you that it’s there. She said at the last Council meeting, she tried to call in on the telephone and it didn’t work. She tried Zoom and it also didn’t work. She spoke to one other person, and they had the same problem. She didn’t know if it had just been her, or if it was a town issue. She just wanted to make them aware. Mayor Johnson thanked everyone and asked if there was anyone else to speak. No one stood and the public comments part of the meeting was closed.  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 motioned to go into Executive Session. Councilwoman Gott seconded. All were in favor. Motion passed. Executive Session began at 8:00 P.M. Mayor Johnson made a motion to come out of Executive Session. There was an overlapping of voices who seconded the motion. Executive Session ended at 8:12 P.M. 12. Possible action on matters discussed in Executive Session regarding personnel matters Councilman Pope motioned to go with the recommendation that was made in Executive Session. Councilwoman Gott seconded the motion. All were in favor. Motion passed. 13. Adjournment Councilman Pope motioned to adjourn. Councilwoman Gott seconded. All were in favor. The meeting ended at 8:12 P.M. Posted 2/24/2025 at 4:30 PM (#1) Posted 2/27/2025 at 12:30 PM (#2) * added due to the time sensitive nature associated with the acquisition 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.