Mayor & Council

Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware September 15, 2025 – 6:45 PM Agenda 1. 6:45 PM – Public hearing for a Preliminary Category A Site Plan application from Apennine Development Co., LLC, for properties located at 5563 Dupont Parkway (TM 28-004.00-003) and 5573 Dupont Pkwy (TM 28-004.00-06) The Public Hearing was called to order at 6:45 PM by Mayor Gott. Town Planner, Jeremy Rothwell, presented the project. He explained that this is to construct 4 apartment buildings with 125 dwelling units, 2-3 story mixed used buildings with 12,960 sq ft commercial space with 24 apartment dwelling units, a single story 2,400 sq ft drive-thru restaurant, and a single story 3,000 sq ft clubhouse. The area is 9 acres, 2 parcels, that are across from Homestead Gardens and the Rest Area. These acres were annexed in the early 2000s and has been rezoned to meet the planning and zoning standards. The project is zoned CCM – Corridor Commercial; which comes with 40 pages worth of design standards. The purpose of this is to have a mixed-use, high density, zoning district, to bring development closer to US 13; creating a Main Street like feel along the US 13 Corridor. In April 2024, The Planning Commission went to Council with the concept design: 8 three story apartment buildings along the Central Corridor, 2 three story mixed-use building with 11,300 sq ft commercial space and a drive-thru restaurant. There have been many changes. The applicant completed a traffic study with DelDOT. They’ve been working with the Conversation District about stormwater management. They have also gone through PLUS, which is the review with State agencies. The current design went to the Planning Commission last month, [August 2025]. Mr. Rothwell explained the similarities and differences; i.e. 8 three story buildings to now 4 four story buildings, slightly larger mixed-used buildings, the drive-thru, the recreational space, clubhouse, and more. Alan Hill introduced himself as being part of the engineering team from A.H. Davenport, as well as introduced Mike Sally who was there representing the developer, and Owen Clinger, also part of the A.H. Davenport team. He explained why some of the changes happened. Somethings weren’t desirable as the market changed and it allowed for larger green space, better EMS access, and more. When they concluded discussing, Mayor Gott asked Council if there were any questions. There were none. She ended the public hearing portion of the meeting at 6:56 PM. 2. 7:00 PM – Call to order of the regular meeting The meeting was called to order at 7: 00 PM by Mayor Gott. 3. Pledge of Allegiance 4. Roll Call All member of Mayor and Council were present except Councilman Pope. 5. Additions/deletions to the published agenda Councilman Mile motioned to move 9a, [Just Serve aware presentation], to 7b. Councilman Drew seconded. All were in favor. Motion passed. Vice Mayor Dr. Upshur motioned to move 9c, [Appointing a Chief of Police], to 7a. Councilmen Drew and Johnson seconded. All were in favor. Motion passed. 6. Consent agenda a. Council meeting minutes from 9/2/2025  b. Executive Session meeting minutes from 9/2/2025 Vice Mayor Dr. Upshur motioned to approve the Consent Agenda. Councilman Johnson seconded. All were in favor. Motion passed. 7. Non-agenda items a. Mayor and Council Members 9c – Mayor Gott asked for a motion to appoint Captain Donner to the position of Chief of Police. Councilman Drew motioned to approve Captain Donner as Chief of Police. Vice Mayor Dr. Upshur noted that it would be the position of Chief of Police is the Town of Smyrna Police Department, subject to the terms of employment negotiation between Captain Donner and the Mayor. Mayor Gott asked for a second. Councilman Miles seconded. All were in favor. Mayor Gott swore Chief Donner in. A photo shoot was done afterward. Hugh Brummel, representing the Department of Defense, and the delivery chairman of the employer support of the National Guard, presented an award. He continued by introducing Dustin, [Carignan, an Officer First Class with the Smyrna Police Dept], a Major in the Vermont National Guard, who recommended Chief Donner for the Patriot Award. 9a – Mayor Gott asked for Elizabeth Brown to come up for the Just Serve Award. Elizabeth stated that Smyrna has been awarded the Just Serve Award, which is about volunteerism and connecting organizations together. She went on to give a brief history of Just Serve, starting in 2012, and the people who were with her. Chris Williams – Communications Director Amber – Media Byron Peacock – President of the Dover, DE State; which includes most of the Delmarva Peninsula Brother Davenport – was introduced later on Elizabeth went on to say that [Vice Mayor] Dr. Upshur applied for the award for the city. She read part of the letter from Dr. Upshur and stated that they are very excited to be working with the Town of Smyrna and maybe challenge other cities on the peninsula to recognize volunteers. She spoke about the new and upcoming Just Serve Hero Award; a Volunteer of the Year platform which Mayor and Council can award at anytime. Byron Peacock spoke briefly. He said that the award is being presented to Mayor and Council, but it really focuses on community efforts to bring people together. He talked about Just Serve being faith based, as part of the Church of Jesus Christ of Latter Day Saints, and they work to follow His example. A photo shoot was done afterward. Mayor Gott a. Thanked everyone for attending the 9/11 ceremony b. Talked about the Main Street Board meeting down in Rehoboth with Amanda [Sparks} c. Talked about the KEP [Kent Economic Partnership] bus tour with Town Manager Torrie James Vice Mayor Dr. Upshur d. Reminded everyone that September is Suicide Awareness month e. Talked about September 15 – October 15 being National Hispanic American Heritage Month and its history f. Talked about September 16th being National Voter Registration Day and what it’s about g. Talked about the Mayor’s Prayer Bunch; Wednesday, October 1, 7:30 AM at the Clayton Firehouse o Had Mr. Rick Horsey speak on the Keynote speaker: Willie Alfonso Councilman Johnson h. Thanked the Town Crew for all their work. He thanked the Electric crew for getting central up and running after a squirrel blew a transformer Councilman Olson i. Stated that he will continue to vote against all new developments due to the budget problem Councilman Miles j. Thanked staff for all the work they do and to the new Chief  k. Reminded Councilman Olson that there are laws in place that predict planning and zoning and that procedures have to be followed; they cannot dictate how development works Councilman Drew l. Thanked everyone in the community making a change and difference b. Police Chief Chief Donner m. Talked about budget and grant season o First round of Statewide grant meetings last week o Got $57,000 in combat grants ▪ This will o upgrade the duty combat pistol systems so they can continue qualifying at the range at no cost to the Town o allow the deployment of six more Mercado surveillance cameras out into the community hotspots o replenish the stop stick supply n. Talked about the hiring process o Final interview with a certified officer is tomorrow o Dispatch is on-going o. Talked about tomorrow being the next round of Statewide grant meetings c. Town Manager Torrie James p. Talked about his Manager’s report q. Left his remaining time to the auditors who will speak later Mayor Gott asked if Town Solicitor, Barrett Edwards, had anything to say. He said that he is part of the Church of Jesus Christ of Latter Day Saints, and he is please to see the Town being awarded from Just Serve. He hopes that the Town can be a good active participant and can continue to encourage service throughout the Town. Mayor Gott mentioned about Parks and Recreation and that there were 97 groups/organizations that will be receiving and invite to the next meeting, if they wish to participate. 8. Old business, including discussion and possible action on the following items: a. Third reading of Ordinance 012-25, an ordinance to amend Chapter 46 (Parks and Recreation) to update the closing time for certain Town of Smyrna Municipal Parks Vice Mayor Dr. Upshur motioned to approve the third and final reading of Ord. 012-25. Councilman Johnson seconded the motion. There was no further discussion. All were in favor. Motion passed. 9. New business, including discussion and possible action on the following items: a. Just Serve award presented by Elizabeth Brown Motion to move to 7a as noted in #5 b. Parks and Recreation presentation on the committee’s Mission, Vision, and Goals Parks and Recreation Committee Chairperson, Mike Pearson, presented. r. Mission o to enhance the quality of for all residents by providing diverse, inclusive, and accessible recreational opportunities o to have well maintained parks  o parks that preserve the community’s natural and cultural heritage s. Vision o to create and sustain a vital park system that reflects the aspirations of a diverse community o to have resourceful planning, inclusive programming, and on-going stewardship t. Goals o to expand and improve recreational spacing; by June 2026, meet with Town Council and provide two recommendations for expansion or enhancement based on collaborations with Public Works, community feedback, and site assessment o to strengthen community partnerships; by June 2026, engage through at least six community organizations and have collaborative opportunities to support park programs or events o increase resident engagement and communication; by December 2025, launch a communication system to publicize meeting times and invite resident input and provide a quarterly summary of community feedback to the committee o ensure the safety and accessibility of parks and events; by December 2025, complete on-site visits of all town parks, produce a written report on maintenance, accessibility conditions, and present at least four prioritized recommendations for approval o foster inclusive community engagement across generations; by June 2026, develop draft membership structures, identify next steps for a Parks and Recreation Youth Advisory Council and a Senior Advisory Council ▪ Youth Advisory Council would be comprised of 15 to 25 year olds who can bring valuable insight on issues concerning them, such as recreational, educational, and safety opportunities that would be available to all youths in the community. o This would empower young people; giving them a voice in their community, give them confidence, help with leadership, and increase networking skills; along with educating them on how government works. ▪ Senior Advisory Committee would be comprised of those over the age of 50 who can provide valuable insight on issues affecting them; like recreational safety, housing and health concerns, etc. o This would empower the seasoned adult community, giving them a voice and a feeling of inclusion. Mike went on to say that the two subcommittees are an on-going discussion for Parks and Recreation Committee members and he is hopeful to have a final proposal to Council in the next six months. He concluded that the next P&R meeting will be on September 25, at Town Hall, in the downstairs room. He asked if Council had any questions for him. Mayor Gott mentioned that Lisa Torbert, [P&R Committee member], is helping with the Youth Commission and Roberta Allen, [P&R Committee member], is helping with the Senior Commission. Mike commented that the Committee is working on ways to announce their meeting outside of social media for those who don’t have it or understand it. Mayor Gott asked the Town Solicitor if Council needed to accept Parks and Recreation’s Mission, Vision, and Goals. He said no. c. Appointing a Chief of Police for the Town of Smyrna Motioned to move to 7b as noted in #5 [was later addressed during 7a] d. Application from Apennine Development for a Preliminary Category A Site Plan at 5563 and 5573 Dupont Pkwy Town Planner, Jeremy Rothwell, spoke on this again. He clarified that the project doesn’t have a name yet. He spoke on some of the requirements: site wide code and individual geographic requirements; there were about 10 items mentioned. He said that everything was in his 17 page staff report that they have. 1. The mix-used building need to be set forward one foot 2. The drive-thru restaurant was 36 feet from the back line and now has to be moved to 25 feet 3. An open feature is needed near the drive-thru 4. A waive for off-street loading from the Planning Commission because of the configuration with the mixed-use buildings 5. In the code, parking spaces have to be on the side or rear of the building. With the drive-thru, there will be street facing parking, so there are additions/changes for a street wall 6. DelDOT and DART will be adding a bus stop pad 7. Removable bollards at the property boundary for emergency vehicles 8. Recommendation from the Fire Company to have rolled curbs along the central boulevard 9. Need crosswalks and curb ramps at the entrance of the four apartment buildings 10. Per the Zoning ordinance and CCM district, playgrounds are to be a minimum of 3,000 sq ft; right now the applicant has 2,700 sq ft play area. They may include a community garden; this is in negotiations with the Planning Commission He went on to discuss the apartment building. It is 32 units at four stories. To make the building look smaller, one of the design requirements is to have the building divided up so that it looks like townhomes instead of one solid building. Bike racks have to be provided. There will be about 132 trees planted, fire hydrants, and a six foot or ten foot sidewalk to provide a degree of separation between the pedestrians and the motorists. He asked if there were any questions. Mayor Gott said that she has a few. 1. Has DelDOT approved the traffic study o Yes. A second access wasn’t required but it’s being done 2. Is the second access paved? o No, and no speed bumps; will have a forestry lane and at-grade bollards 3. Who will maintain the streetlamps on Rt 13 and will they be consistent with what the Town has? o They will be turned over to the Town of Smyrna o The central boulevard is slated to be turned over to the Town once the project is complete o Yes, they will be what’s on Main Street 4. Does the size of the dog park play a part in the size of the playground? o Jeremy went over the code and what the applicants are providing; dog parks are supposed to be 10,000 sq ft, the applicant is providing 7,000 sq ft, plus an additional amenity, so they are okay 5. Has the Fire Department blessed the project? 2.6 residents per property, comes out to a little over 3,000 people o There is a technical advisory committee meeting prior to the Planning Commission meeting and this includes discussions with consulting engineers, Town departments, Chief Donner, the Fire Company, Station 64, and they all provide their input and make recommendations Councilman Drew said that this [setup] reminds him of The Grove in Newark and asked if that was what they were shooting for? Yes, that is what they are going for. Councilman Miles asked if the residents will be affected by the drive-thru restaurant line; i.e. if Chick-fil-a went there? Jeremy said that the proposed location of the pickup windows are on the north side of the property. It was mentioned that Chick-fil-a has a lot of requirements with their lanes and zoning, etc. Councilman Miles also asked if this will have Town utilities? Jeremy said that utilities are currently on the northbound side of US 13. Across the street is the Smyrna Rest Area, which is served by Town utilities. The applicant is proposing to bore under US 13 and connect directly into the system. This will be done at the developer’s expense. They will also be paying for the connection fees, impact fees, etc. Public member Rick Horsey asked about soil concerns and contamination because of the salvage yard adjacent to this area. Jeremy said that there is a one to two foot layer of clay and so water ponds when it rains. The applicant is required to take the storm water and have it discharge to a point further south. The developer said that they are working with the Kent Conservation District, and they have to comply with KCD regulations. He talked more about that. Public member Vicky Blair mentioned about the entrance being on the southbound side of US 13 and asked if there’s a turnaround for those on the northbound side? She also asked how would people coming out of the area go northbound if there is only a southbound turn? Jeremy said that DelDOT regulates intersections and there are already two nearby. They had a presentation on the screen and showed where the current intersections were; one southbound by north Wawa and one northbound by the Rt 1 on ramp. Public member Pam Anderson asked about the dog park; will it be fenced and who is responsible for it? Jeremy said it will be fenced. The developer said that a property management company will be responsible for it. She asked about trash because she lives near KFC and Rita’s and that’s been an issue for a long time; will there be a preventive manager to handle that? Jeremy said that the property management company of the apartment complex will be responsible. It would be a code violation if there are issues. Mayor Gott said that they need to move on. Town Solicitor said that they need to entertain a motion to approve the plan subject to the conditions recommended by staff and approved by the Planning Commission Councilman Miles motioned to approve the plan with the recommendation from staff. Councilman Drew seconded the motion. There were no questions. Five were in favor. Councilman Olson opposed. Motion passed 5-1. e. Audit and Financial Statements* Finance Director, Kathleen Acevedo, introduced the audit team from Belfint, Lyons, and Shuman: George Fournaris and Michael Mast. She said they are going to talk about the 2023 audit. George Fournaris spoke and discussed the slide presentation that they had. • Business type activities include water and sewer funds • Governmental type activities are general funds plus grant funds • Net position increase of $6 million, but due to transfers from the business type activities; $3 million, plus $3 million from infrastructure • Business type activities net position decreased by $3.7 million due to the $6 million transfer • Overall, the net position increased by about $2.3 million; $1.3 million in electric fund and $600,000 in water and sewer • The net position is an indicator of the Town’s financial health • 2023’s assets and deferred outflow exceeded liabilities and deferred inflows by $47.6 million o $59.9 million invested in capital assets and $2.6 million that’s restricted o There’s a negative deficit of $14.8 million Mr. Fournaris discussed the roll of the auditors. They operate under two sets of standards: generally accepted and government auditing. They also performed a single audit of the federal funds under the requirements of the OMB Reliance Supplement put out by the Federal Office of Management and Budget. They issued a qualified option on the financial statements; $135,000 in cash that the Town received in 2021 but couldn’t identify at the time. With the new Finance Director, he is hoping that this will be resolved for the 2024 audit. He spoke about internal control on financial reporting and compliance under the Government auditing standards, as well as on the compliance of federal programs like the ARPA grant. Mr. Fournaris talked about what they are required to disclose to the Town; management’s responsibility to select proper accounting policies, financial statements that include estimations. • Accounts receivable allowances for doubtful accounts: electric, water, property taxes • Pension and open costs; these are created by the actuarial experts • Depreciation on capital assets He talked about the sensitive disclosures: deferred revenues, the unidentified cash, long term liabilities like pension, capital asset bonds, etc. He mentioned that management is provided a list of adjustments, that while immaterial, are required to be reported. The Government auditing report had ten findings, nine of which are repeats and three of which are material weaknesses. • Slowness/delay in performing bank reconciliations • Two systems going: Tyler-Munis, [newer], and Central Square, [older] • Financial statement closing process The other seven include: • Issues with obtaining inventory information because that system is not in operation • Recommended quarterly tax billing from new developments; it would be more work on staff • Recommended looking at the cost allocation accounting; Kathleen has a good handle on this moving forward • Costs incurred in certain departments have to be spread out to other areas to make the floor accurate accounting; he feels Kathleen has a good handle on this moving forward • Delay in pension plan tax withholding remittances; this has been addressed and worked on • EMMA – electronic municipal market access – is a filing requirement the Town has to make because of their publicly issued debt; this has been caught up on since the audit findings • Pension funding has fallen behind  He spoke about COVID recovery funds: $1.4 million was spent from here in 2023 • Finding one was out of compliance reporting for the period ending March 31st, 2023; March 2024 and 2025 have been filed timely and are now in compliance • Finding two was a purchase made without evidence of having been properly bid for; no competitive bidding Mr. Fournaris stating that working with the Finance Director and Town Manager, these issues will be addressed in the 2024 and/or 2025 audit. He asked Council if they had any questions. Councilman Olson wanted to know the timeline for an audit like this. Mr. Fournaris said it depends, but typically two weeks if everything runs smoothly. There were a few reasons for this audit taking longer and that was mostly due to management turnover: three Town Managers, three Finance Directors. Mayor Gott said that 2023 was a challenging year and thanked the Town Manager, Finance Director, Assistant Town Manager, and staff for their efforts into making this work. She mentioned that a lot of the topics have since been addressed and fixed. Mr. Fournaris asked if there were any other questions. There were none. Mayor Gott asked for a motion to accept the 2023 audit. Councilman Miles motioned to accept the 2023 audit results. Councilman Drew seconded the motion. All were in favor. Motion passed. 10. Presentation and public comments (3 minutes) Vicky Blair asked when the audit will be online. The Town Manager said within the next week. 11. Adjournment Councilman Johnson motioned to adjourn. Councilman Miles seconded the motion. All were in favor. The meeting adjourned at 8:36 PM. Posted 9/8/2025 by 4:30 PM (#1) *Posted 9/11/2025 by 12:00 PM (#2), topic arose after the agenda was published 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.