Mayor & Council

MEMBERS OF THE PUBLIC WILL BE PERMITTED TO PARTICIPATE IN THIS MEETING by teleconference by calling 312-626-6799 and entering Meeting ID number: 832 2157 8969 Passcode: 134567 or by visiting Join Zoom Meeting at: https://us06web.zoom.us/j/83221578969?pwd=FIAEdMrRF1njZjGRjGp6TWXYgpiTbO.1 Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware July 21, 2025 – 6:45 PM Agenda 1. 6:45 PM – Public hearing to discuss an application to rezone 1271 S. DuPont Blvd, (tax map # 1-00-01900-01-4800-000), from BG, (Business General), in Kent County to CCM, (Corridor Commercial), in the Town of Smyrna for the purpose of annexation of this 0.96-acre property into the Town of Smyrna Mayor Gott started the public hearing at 6:42 P.M. Jeremy Rothwell, Town Planner, presented. He explained that this parcel is one of nineteen within an enclave; it’s completely surrounded by municipal boundaries. The property is under one acre and has been identified in the Town’s comprehensive plan since 2002 for annexation, along with the other eighteen properties. There is a house and garage on the property and has been used for commercial use for the past thirty years. It is currently zoned Business General, (BG), which is the general commercial zoning district in the County. If annexed, it’ll be rezoned to Corridor Commercial, (CCM), like the other properties that front U.S. 13. It will continue to serve by Delaware Electric Co-Op for electric, as it doesn’t make financial sense to purchase the franchise for this particular parcel. There have been no letters of objection from any of the neighbors, utility, or service providers. He asked if there were questions. There were none, so he introduced the property owner, Dr. McCarthy. Dr. McCarthy spoke briefly. He stated that he owns many properties in Delaware and would be happy to answer questions regarding this property. Councilman Olson asked what he plans to use the property for. Dr. McCarthy said that there is a tenant who wants to sell mulch and paving products. There were no other questions. Mayor Gott closed the public hearing at 6:46 P.M. 2. 7:00 PM – Call to order Mayor Gott called the meeting to order at 6:57 P.M. 3. Pledge of Allegiance 4. Roll Call All Council members were present: Mayor Gott, Vice Mayor Dr. Upshur, Councilmen Drew, Johnson, Miles, Olson, and Pope. 5. Additions/deletions to the published agenda There were no additions or deletions to the published agenda. 6. Consent agenda a. Council meeting minutes of 7/7/2025 Vice Mayor Dr. Upshur motioned to approved the consent agenda. Councilman Johnson seconded the motion. All were in favor. Motion passed. 7. Non-agenda items a. Mayor and Council Members Vice Mayor Dr. Upshur – had nothing to discuss Councilman Drew – went to a groundbreaking and visited local businesses Councilman Miles – was glad to see the room full and hoped it would continue for every meeting Councilman Olson – had nothing to discuss Councilman Johnson – thanked all the Town employees for their hard work in the last month Councilman Pope – talked about going to the classic car show at Willis Chevrolet. Talked about a HPS fundraiser happening at End Zone Bar and Grill on Saturday, August 16, 12 P.M. to 10 P.M. It is a pasta lunch / dinner that is $35 / person. The fundraiser is for Jasmine Rodriguez who needs a double lung transplant. Mayor Gott – thanked everyone joining them tonight. Mentioned that there are lots of activities planned and encouraged volunteers to join. Talked about the Parks and Recreation Committee meeting at Wednesday, July 23, at 6:00 P.M. b. Police Chief Capt. Donner – talked about the new dispatcher and where they are in the hiring process for new officers. Mayor Gott asked about them starting at the Academy. Capt. Donner said that there are two that they use. DSP starts September 14th. Wilmington starts September 28th. If they hire the  four that are in the hiring process, they will be in the academy for about six months and then have twelve weeks of field training. He said that last Friday, Corporal Bannon, one of their acting supervisors, graduated from a two week flat seat use of force instructor course. It was a seat provided by the Department of Corrections and didn’t cost the Police Dept. any money. It was a training that will help with policy construction and doing deep dives on use of force incidents. It’ll help them understand why officers are doing what they’re doing in the moment. There’s a lot of science behind use of force, tunnel vision, and audio exclusion. Corporal Bannon is now certified by the Federal Law Enforcement Training Center to be an instructor in this and that’s good for the Police Dept. Mayor Gott asked if he’ll have training in Smyrna. Capt. Donner said that Corporal Bannon will be able to train the officers. c. Town Manager Torrie James – told Council that they have a copy of the budget with expenditures and revenues and said that the Town received the 2023 audit on Friday. He is waiting for the findings from the auditors and then it’ll be presented to Council. 8. Old business, including discussion and possible action on the following items: a. Acquisition of The Lindens historic property from the State of Delaware Jeremy Rothwell presented. He gave a brief history of the location. It is a nineteen acre property on North Main Street. Discussion to acquire the property started between the State and the Town in 2019. It was acquired by the State in 1968, as part of a right of way for highway construction and it’s never been utilized for the public. It was a private residence for 40-50 years until 2018. Jeremy spoke on the history. The 40 to 50 acres around the property and crossroads was where Duck Creek Village was, later called Saulsbury, and was founded in the early 18th century. Most towns back then were founded around a mill or a seaport. The current house on the property was where the miller / gristmill lived; which was built around 1740. The second part was built around 1840 and the third part was built around 1860. He said that there’s a good bit of data on the location thanks to a company called the Sanborn Fire Insurance Company, which did surveys of commercial properties across the country. There was the Miller’s house and a series of grain warehouses and implemented storage sheds. The first mill was built around 1730 and the mill after that was built in 1840 and operated until the 1950s. The water ways were filled in and the State demolished the building in 1993, though building debris is still left on the property. This is part of the National Register of Historic Places. There are potential uses that came up during the Master Parks Planning in 2022 and 2023 with a few caveats. The location would serve as a connection point to George C. Wright Jr. Park and in the long-term, connect it to a series of walking trails. Jeremy talked about what took so long. The Division of Historical and Cultural Affairs, or the State Historic Preservation Office, made it clear from the beginning that the Town would have to accept that the property would have a historic preservation easement. That type of easement provides a series of restrictions on the use of the property, the buildings, new buildings, and new  uses. The easement would also be enforced by a third party: the Division of Historical and Cultural Affairs. All new additions, demolitions, renovations, or property improvements would need to adhere to the Secretary of the Interior Standards for the Rehabilitation of Historic Structures. This is a Federal guide drafted by the National Park Service that essentially lays out guidelines on how to treat historic properties. He talked about the possible uses of the property over the next several decades. • Residence • Museum or historical environmental interpretation and education • Passive recreation: walking trails • Tourism type events, like Belmont Hall has • Farm the property; i.e. partner with the high school’s FFA to have sheep, cows, etc • Farmer’s market • Event venue; there’s an existing grain warehouse that could be repurposed • Permitted structures could include picnic pavilion, restrooms, boardwalk, fishing pier/canoe launch, playground equipment, storage buildings, one monument sign He talked about what can’t happen on the property. • Demolish , relocate, or alter any historic structures without permission from the Division of Historical and Cultural Affairs • Subdivide the property • Add housing and buildings • Make it a dump, storage, or digging site • Plant or remove trees • Have electronic signage He went on to say that if the Town chose to acquire the property from the State, it would be at no cost. The State has been making improvements and has committed to future improvements. • New oil furnace and boiler in the basement • To eventually install an ADA bathroom on the first floor and an ADA ramp and entrance on the 1830 section of the house The Town has been in contact with Barton Ross, a historic preservation architect based out of Chestertown MD. He did a building inspection and provided input on short and long term maintenance issues. The Town has done septic system testing. Barret said that if there is a desire, Council can motion to approve the acquisition, subject to the terms The first motion of approval could not be heard. Councilman Miles seconded the motion. All were in favor. Motion passed for the Town to acquire The Lindens from the State of Delaware. 9. New business, including discussion and possible action on the following items: a. Mayor and Council pictures with Town Manager, Torrie James, and interim- Chief, Captain Brian Donner The group photo was taken by Council Support Coordinator, Amanda Sparks. Mayor Gott gave a brief explanation. Former Police Chief, Torrie James, is now the Town Manager and Captain Donner is now the interim Police Chief. b. Introduction and appointment of Hadassah Pierre-Louis, Smyrna High School, to the Planning Commission as a non-voting student member Jeremy Rothwell presented and gave the history of a senior student on the Planning Commission. It was an idea from 2021 by a Planning Commission member, Mike McGrath. Other, similar, commissions have local students serving as non-voting members. The student can comment, ask questions, etc. They receive everything the Commission members receive. There have been two good student members so far. He introduced Jay Davis, from the School District, as Hadassah couldn’t make it. He did mention that the Student Government Association does pick who they’d like on the Planning Commission. Jay Davis is part of the Smyrna High School Student Government Association, as co-advisor. He spoke about Hadassah and said that she’s a well rounded young lady with high academics. Vice Mayor Dr. Upshur motioned to approve the appointment. Councilman Johnson seconded the motion. All were in favor. Motion passed. c. Resolution 007-25 approving the inclusion of 1271 S DuPont Blvd, (tax map # 1- 00-01900-01-4800-000), within the Municipal limits of the Town of Smyrna There was no discussion or questions from Council. Vice Mayor Dr. Upshur motioned to approve Resolution 007-25. Councilman Johnson seconded the motion. All were in favor. Motion passed. d. Ordinance 011-25 rezoning 1271 S. DuPont Blvd, (tax map # 1-00-01900-01- 4800-000), from BG, (Business General), in Kent County to the zoning designation of CCM, (Corridor Commercial), in the Town of Smyrna Vice Mayor Dr. Upshur motioned to approve Ordinance 011-25. There were two Councilmembers who overlapped with a second motion. It sounded like Councilmen Miles and Johnson. All approved. Motion passed. Barrett advised that individual voting would be needed. Councilman Miles – in favor because rezoning to CCM will constitute within the designated property of the Town. Councilman Drew – in favor because rezoning to CCM will be in alignment with how the property has been mostly used. Vice Mayor Dr. Upshur – in favor because it is in compliance with the zoning into the town limits and designating it for what is has been used for in the past. Mayor Gott – in favor because of it’s importance with the comprehensive plan and it comes at the recommendation of staff. Councilman Johnson – in favor because it fits with everything else that is zoned in the area. Councilman Olson – in favor because it fits with everything else zoned in the area. Councilman Pope – in favor because it fits within the scope and framework of the comprehensive plan for the Town. e. Presentation from Home Builders Association of Delaware and various developers regarding concerns and objections to school impact fees, including a possible vote of Council on school impact fee Councilman Miles motioned to adopt a 30-day moratorium on the collection of all school impact fees to give the Town time to investigate concerns related to the school impact fees. Vice Mayor Dr. Upshur seconded the motion. All were in favor. Motion passed. Timothy Houseal, an attorney and partner at Young, Conaway, Stargatt, and Taylor in Wilmington. With him is Katie Gillis, (or Yelis), who is an Executive Director with the Home Builders Association. He is representing the Home Builders Association of Delaware, (HBA). The concerns relate to Ordinance 005-25, regarding school impact fees. He commends the Council for supporting the school district. The HBA and individual home builders support the school district also. • Ord. 005-25 is not authorized by legislation from the DE State Legislature. • There is already a system set up by the Legislature where school impact fees can be assessed, collected, maintained, and distributed. o This process is exclusive to those entities ▪ i.e. the Counties and Smyrna has to deal with both Kent and New Castle Counties. ▪ The Secretary of Education • There are five different sets in four different codes. • He emphasized Town Charter, Sect. 4.2.39, which comes from State legislation • The Town can assess for municipal improvements, but school impact fees is considered for the school district and the Town doesn’t own or run the school district. • He talked about 22. Del. Code Sec. 22001A authorizes what the Town can and cannot do. • 14 Del. Code Sect. 103C gives the Secretary of Education explicit powers and duties to and set out a procedure for assessment, the amount and what can and cannot be included. • He talked about 9 Del. Code 2661C, where New Castle County is the exclusive partner with the Secretary of Education to assess, collect, and maintain. • 22 Del. Code Sect. 842, deals with municipalities and any ordinance or regulation in the area is preempted and of no force and effect. • Kent County’s statue is 9 Del. Code Sect. 4110B3, which is similar to NCC process, except this is through building and building permits. o Instead of a voluntary assessment or school impact fee, it’s part of the building permit process.  They object because the impact fee study was • Not consistent with the State statues • Is inflated and has incorrect values for land prices in the district • Not consistent with other, nearby, school districts and prices will discourage builders • Violates the U.S. and Delaware constitutions as well as case law He thanked Council for their time and respectfully requested Ord. 005-25 to be rescinded. He emphasized that the HBA and local builders do want to support to school district and pay appropriately enacted and assessed school impact fees. He asked Council if they had any questions or if they would like to hear from Katie Gillis. They had no questions and thanked him for joining the meeting. 10. Presentation and public comments (3 minutes) Carl Thomas – Bergmont Woods resident. The residents are having issues with flood. Some of his neighbors and he feel that it is due to poor grading and insufficient drainage. He was told that someone from the Town had been out to make an assessment, but no one from the community was contacted. If someone else comes out, he or other community members, would like to know. Chris Scuse – a member of the Smyrna School District Board of Education, but he is speaking as just himself, not on behalf of the Board. He introduced all the Board members who were present at the meeting. He proceeded to read a letter on the School District’s stand with the impact fees. He talked about how he had presented an impact fee study done by Tischler-Bise a few months ago and on the disturbing letter sent to Mayor and Council from a law firm on behalf of the HBA and other individual home builders and rental providers including Capano Management and Mr. Louis Ramunno. He read the letter, which echoed a lot of what Timothy Houseal presented. Chris Scuse said that he believes the smartest school is definitely a public school and how does the law office and HBA know what the term public was intended for in the Town Charter. He read a definition from the Oxford dictionary. He believes it is clear that Smyrna School District is public and he doesn’t understand why the letter would suggest otherwise. He countered 22 Del. Code Sect. 842D with Kent County Article 5, Building Permit fee surcharge Sect. 105-25 and what a voluntary school assessment is. If a county does voluntary assessments than a municipality cannot. However, Kent County does not do this. The concerns about the Town lacking the authority to impose these impact fees are invalid and unsubstantiated. He reminded everyone that the impact fee study was done by an unbiased, third-party. The law firm letter used an example of land value from the study being 10x the value of farmland in the School District. The ironic par is that one of the calculations and highest land value used to come up with the impact fee was land sold to the School District, Mr. Ramunno; who is one of the parties on the law firm side. He continued to read from the law firm’s letter which included HBA references of unlawfulness and reserves the right to assess. He hopes that these terms are not a way to intimidate the Town and hopes the Town stands up for what they believe. He concluded that he believe that school impact fee studies help take the burden of new school construction off the existing community members, who did not cause the need for new schools, and help alleviate the need to raise taxes.  Dan Moser – Sunnyside resident. He brought to Council the community’s concern of Sunnyside park. A child got hurt there recently, and while he’s only live there for three years, he’s concerned. He has been told that the basketball court was put in behind the community’s back. They are asking for a fence or gates to keep outside people from being there. Parents want to take their kids, but other kids are there. People are moving because they don’t want to deal with the rift-raft and so he’s there to ask Council for help. A lot of parents are looking to take things into their own hands and he’s told them that they’ll get in trouble. Brandon Snow – new IG Burton General Manager. He wanted to introduce himself and let everyone know that he would like to be a resource for the community. Larry Strozeski – Ashland resident. Talked about the HBA presentation and their citing of ordinances and constitutional law, but stated that builders in the Town have a history of not completing their projects. One developer took ten years before they paved the streets. Another had to have inspections before the builder would finish the streets. He asked if the builders could be trusted with what they’re supposed to do and suggested that the Town does not change the impact fees as have been set. Builders will come, build, and disappear. Vicky Blair – addressed the school impact fees and wanted to clarify that if this was for the 55 and over community then it wouldn’t impact the school district anyway. She feels that the County should pay the impact fees because they support the school systems, not the Town. She spoke about Sunnyside park and asked who owns it because that’s who should take care of it. Pam Anderson – Parkway Manor resident. She expressed her disappointment with the recycling collection on Friday and hopes that future contracts will have a clause that the company will clean up if there are issues. The current contractor does not and allows the drivers to let trash and recycling everywhere. 11. Executive session to discuss sales or lease of real property, including acquiring The Lindens property and the sale of 5.46 +/- acres known as TMP#1-17-01013-02-0301. 29 Del. C. Sec. 10004(b)(2) 12. Executive session to discuss pending or potential litigation pertaining to school impact fees. 29 Del. C. Sec. 10004(b)(4) Councilman Pope motioned to go into Executive Session. Vice Mayor Dr. Upshur seconded the motion. All were in favor. Executive Session began at 7:57 P.M. Councilman Johnson motioned to come out of Executive Session. Mayor Gott seconded the motion. All were in favor. Executive Session ended at 8:13 P.M. 13. Discussion and possible action on matters discussed in executive session pertaining to sales or leases of real property, including The Lindens property and 5.46 +/- acres known as TMP#1-17-01013-02-0301  14. Discussion and possible action on matters discussed in executive session pertaining to potential litigation involving school impact fees Councilman Pope motioned to adopt the recommendation to reduce the sale price of a property to $350,000. There were two Council members who seconded. One sounded like Councilman Johnson, and the other sounded like Councilman Olson or Councilman Miles. All were in favor. Motion passed. 15. Adjournment Councilman Pope motioned to adjourn. Councilman Drew seconded. All were in favor. Motion passed. The meeting adjourned at 8:14 P.M. Posted 7/14/2025 at 4:30 PM (#1) 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.