Mayor & Council

Council Meeting Council Chamber, Smyrna Town Hall 27 S. Market Street Plaza, Smyrna, Delaware October 6, 2025 – 6:45 PM Agenda 1. 6:45 PM – Public Hearings a. An application from Kays Enterprises, LLC., to rezone an existing 5.78-acre vacant parcel from I&R – Institutional and Recreational – to HC – Highway Commercial for the purpose of constructing mini-storage warehouses b. An application from Rasheedat and Adrian Hill to rezone 5280 Wheatley’s Pond Rd from BG – Business General – in Kent County to R-2A – Residential – in the Town of Smyrna for the purpose of annexation of these two vacant properties, totalling 1.10 acres Mayor Gott called the public hearing meeting to order at 6:45 PM. Town Planner, Jeremy Rothwell presented. He explained the annexation process for 5280 Wheatley’s Pond Rd and what the applicants are proposing. They would like to have a two family dwellings which will house 10 to 12 families each, one behind the other; which are similar to other lots within Spruance City. Councilman Pope asked for clarification; if the rezoning goes through, the applicant wants to build residences. Jeremy said yes. Councilman Olson asked if this was already looked at by Council? Jeremy said yes, this is part of a three-part exercise. He then explained that: a property goes to Council for introduction, then to the Planning Commission for review, then back to Council for consideration. Councilman Pope asked about utilities. Jeremy said that a water line runs up through Culbreath St. Sewer is located within N. Carter Rd. The applicant is proposing to run sewer down Culbreath St. to serve the dwellings from the rear of the property. Councilman Pope asked who would pay that cost? Jeremy said the application. Mayor Gott asked if 10 to 12 residences on less than an acre is common? Jeremy said yes and briefly explained that in the 1880’s Spruance City was plotted to be its own town and a lot of the lots are small. Mayor Gott asked if the residents are aware of what’s going there? Jeremy said it’s in the Town’s code to send written notice to adjoining property owners. Councilman Pope asked about a traffic study. Jeremy said no and explained what happened during the 2020 Comprehensive Plan update. A Dollar General was proposed at the time, but the Planning Commission felt that would be intrusive, so they designated all the areas around there that could be annexed under the neighborhood residential designation. Councilman Johnson asked which street the residents would be coming in and out of. Jeremy said Culbreath St. Jeremy explained the rezoning for Kays Enterprise. The location is the recently purchased property from the Town to George Kays. He plans on using this property to expand his self-storage. Jeremy briefly explained the rezoning process and how the 2020 Comprehensive Plan fits in. With Council having already approved the sale of the property to Mr. Kays, and the property having been rezoned once before in 2023, this is a relatively straightforward application. Mayor Gott asked if this would be committed to storage. Jeremy said yes and that the applicant would have to extend utilities depending on what the propose to build. It would require a preliminary plan approval from the Planning Commission but would not need to come back to Council. He went on to say that about two-thirds of the property are developable due to the tidal wetlands, flood zone, and steep slopes; so about 3 acres. George Kays spoke and thanked them for their consideration on everything. He would like to expand to meet the demand. They don’t plan on having water or other utilities; just storage containers. They’ll have lights on the buildings, but not in the units themselves. Councilman Drew asked if this was similar to Sentential Storage. Mr. Kays said yes. Mayor Gott asked about lights shining into neighbors. Jeremy said the only other property this is close to is Collett. There were no other questions. Mayor Gott concluded the public hearing meeting at 7:00 PM 2. 7:00 PM – Call to order of the regular meeting Mayor Gott called the meeting to order at 7:00 PM 3. Pledge of Allegiance 4. Roll Call All members of Mayor and Council were present. Councilman Drew, Mayor Gott, Councilman Johnson, Councilman Miles, Councilman Olson, Councilman Pope, and Vice Mayor Dr. Upshur. 5. Additions/deletions to the published agenda Vice Mayor Dr. Upshur motioned to approve the agenda as published. Councilman Johnson seconded. All were in favor. Motion passed. 6. Consent agenda a. Council meeting minutes from 9/15/2025 Councilman Drew motioned to approve the minutes. Councilman Johnson seconded. All were in favor. Motion passed. 7. Non-agenda items a. Mayor and Council Members Mayor Gott • Thanked everyone who went to the Mayor’s Prayer breakfast • Asked Amanda to talk about the Community Town Hall on October 13th o Amanda talked about the event ▪ Oct. 13th, 7 PM, Smyrna Opera House ▪ They’ve invited local business and resources and this has been posted online so that residents are aware. It’s about connecting local services with residents • Oct. 15 is the Parks and Rec meeting, 6 PM, Smyrna Police Department th o Unity in the Community – to bring all organizations together; businesses, faith-based locations, school district, HOAs, and residents • Thursday [Oct 9th?] is unity across the towns. Clayton, Kenton, and Smyrna will work together on one calendar, to be effective in January, to celebrate the 250th anniversary of the nation. This will be held at the Clayton Fire Hall at 7 PM Vice Mayor Dr. Upshur • Thanked Mayor Gott for the prayer breakfast and the speech she gave at the event. Unity in the Community has been her platform prior to her taking office. • Thanked everyone for coming out to the Public Safety meeting and sharing their concerns • Recognized staff for all they’re doing; thanked Chief Donner • October is Breast Cancer Awareness month  Councilman Pope • Thanked staff Councilman Johnson • Thanked staff Councilman Olson • Did not have anything to discuss Councilman Drew • Talked about the Mayor’s Prayer breakfast • Has gone out to speak to business owners and that’s been good; they are there for the people • Thanked people for coming to the meeting Councilman Miles • Thanked staff and wished everyone a happy Fall b. Police Chief Chief Donner • New recruits are 1 week down and should graduate in March • The new certified officer started today; he has a few post requirement items to go through before swearing him in • Dispatch [job posting] is closed with 50 applicants; there look to be some good ones • They have spent time in the community and there’s another event on Saturday that they’ve been invited to c. Town Manager Torrie James • Council voted last year that Halloween will always be October 31st, 5 PM to 8 PM o There will be a trunk or treat at Townhall in the back parking lot o There will be a haunted house at the house behind Townhall this year; not at Smyrna Police Department • Angel, [the new Media and Public Affairs Coordinator], started today. She will help with the website and some other things. She will be part of the Community Engagement team with Amanda and Kate. She’ll also help with community relations, media requirements, and be out and about. • Mentioned that Kathleen, [Finance Director], who will be updating them on some of the licensing fees • There have been a few outages and the Electric Department has done an amazing job • Thanked staff for all they do Mayor Gott thanked everyone for attending and encouraged everyone to go to meetings and participate. She talked about the Civil War reenactment at Belmont Hall on Saturday. Councilman Olson said that it’s the Revolutionary War reenactment, 10 AM to 4 PM. Mayor Gott thanked him and mentioned that it’s a free event with lots of things going on there. 8. Old business, including discussion and possible action on the following items: a. n/a 9. New business, including discussion and possible action on the following items: a. Appointment of persons to fill to committee vacancies Town Manager James presented. He said that there are 2 committees that need vacancies filled. • Brooks Keen – Board of Adjustment • Robin Brunder – Historic District Review Board Mayor Gott asked if a motion was needed. Councilman Pope asked for a motion to approve the appointments. Councilman Miles motioned to approve the appointments. Councilman Johnson seconded. All were in favor. Motion passed. b. Application from Kays Enterprises, LLC., to rezone an existing 5.78-acre vacant parcel Jeremy asked if there were any questions from the public hearing presentation. He reminded that this is a rezoning from Institutional Recreation to Highway Commercial, which will allow the sale of the property to move forward and permit Mr. Kays in moving forward with the expansion of his storage business. Councilman Pope called for a motion to vote. Councilman Olson motioned. Councilman Drew second. Councilman Pope called for individual votes. Councilman Miles – voted in favor; meets the rezoning requirements under the classification recommendation by the recommendation by staff. Councilman Drew – voted in favor; rezoning would be to the classification that’s at the recommendation of staff and will be consistent with the use designated for the property and the Town’s Comprehensive Plan. Vice Mayor Dr. Upshur – voted in favor; rezoning to the classification recommended by staff will be in the best interest of public health, safety, and welfare and will be in harmony with other properties in the surrounding area. Councilman Olson – voted in favor; rezoning fits in with the Town planning. Councilman Johnson – voted in favor; rezoning fits in with staff recommendation. Mayor Gott – voted in favor; rezoning is in accordance with the Town’s Comprehensive Plan and is at staff’s recommendation. Councilman Pope – voted in favor; rezoning to the classification recommended by staff will be consistent with the use designated for this property in the Town’s Comprehensive Plan. Voting in favor was 7. Voting against was 0. Motion passed to approved the application from Kays Enterprise to rezone 5.78-acres for expansion of a storage unit business. c. Application from Rasheedat and Adrian Hill to rezone 5280 Wheatley’s Pond Rd for the purpose of annexation Jeremy introduced Miss Hill, who was present now to answer any further questions from the public hearing. Councilman Miles spoke up to clarify if this would come back to Council once building starts. Jeremy said it would not; it would go in front of the Planning Commission, and potentially the Board of Adjustment. Mayor Gott asked about a traffic study. Jeremy said that a traffic impact study is not permitted from something of this size, which is per the State’s requirements.  Councilman Pope asked for a motion to approve, as well as individual votes. Councilman Johnson motioned. Councilman Miles seconded. Mayor Gott asked for discussion. She asked Jeremy if this comes at the recommendation of staff. Jeremy said yes. He went on to talk about the neighboring properties and their sizes, as well as the character of the neighborhood. There are very small lots. The Planning Commission voted unanimously. As part of the subdivision site plan process, improvements to Culbreath St would be required. Mayor Gott asked at whose expense. Jeremy said that it would be on the developer. Councilman Miles asked if the land is being sold to the developer. Jeremy said no, the property owner will be contracting with the developer to build on the property owner’s behalf. Mayor Gott asked again if this was an expense to the Town. Jeremy said no; the Town will collect a series of impact fees from each unit; around $15,000. Councilman Johnson asked about parking. Jeremy said yes and it’ll be a requirement. Mayor Gott asked about the number per home. Jeremy said that it’s two spaces per dwelling unit. Councilman Miles asked how many units are in the plan. Jeremy said that the number hasn’t been submitted yet. Mayor Gott said 10 to 12 was mentioned earlier. Jeremy said that was what was discussed, and per code, they can have up to 14 units per acre in terms of the parcel size. Councilman Pope asked for individual votes. Councilman Miles – voted in favor; staff recommendation and fits within the Town’s Comprehensive Plan. Councilman Drew – voted in favor; rezoning is at the recommendation of staff and consistent with the use designated for the property and the Town’s Comprehensive Plan. Vice Mayor Dr. Upshur – voted in favor; staff recommendation. Councilman Olson – voted in favor; in accordance with the Town’s [Comprehensive] Plan. Councilman Johnson – voted in favor; part of the Town’s Comprehensive Plan and at the recommendation of staff. Mayor Gott – voted in favor; at the recommendation of staff and meets the Comprehensive Plan. Councilman Pope – voted in favor; rezoning is at staff’s recommendation and would be consistent with the use designated for the property in the Town’s Comprehensive Plan. Voting in favor was 7. Voting against was 0. Motion passed to approve the application from Rasheedat and Adrian Hill to rezone 5280 Wheatley’s Pond Rd for the purpose of annexation. d. Downtown Development District plan Jeremy Rothwell presented and gave a brief background of the Downtown Development District plan. In 2014 the State passed the Downtown Development Districts Act, which allowed the State, under the Governor’s direction, to designate up to 15 individual communities its downtown development districts. The purpose of it was to spark redevelopment; both monetary and physical investments and beautification within the historic downtowns across the State; also, to help strengthen housing opportunities for local communities. He spoke about the requirements • To complete a Downtown Development District Plan; essentially stating strategies for redeveloping the downtowns • To have and provide local financial incentives to developers that were approved by the State • To have a Downtown Development District Administrator; he has been a DDD Admin since 2016 for the State  He talked about the terms • For new construction, renovations, or additions to building, every dollar that a developer puts into the project, the State will reimburse o The Delaware State Housing Authority will reimburse 20% of the cost, but there needs to be a minimum of $25,000 • Projects are split between small and large o Small projects are at a rolling basis and almost all the DDD projects in Smyrna have been small o Only two large projects have been approved by the State As of 2020, Smyrna’s Downtown Development District is 187 acres. Smyrna is permitted to have 200 acres. Any additions or revisions of the plan have to be approved by Delaware State Cabinet Committee for planning issues; which includes DNREC, Department of Agriculture, and Delaware State Housing Authority. The DDD has been added to 4 times since 2016, which at the time was 140 acres. • 2018 – the annexation of the former Harris Manufacturing Plant • 2019 – the addition of 13 acres on N. Main St and down South St and Commerce St. • 2024 – the addition of 27 acres • Additionally, some add-ons included a strip going to Bethel AME church, some properties along North St., some properties near Smyrna Elementary, and some areas along Spruance City along Smyrna-Clayton Blvd. Since 2016, the State has provided $1.37 million worth of funding to property owners and/or developers. He met with two property owner last week who have completed work and submitted to the Delaware State Housing Authority. That will add about $60,000 the funding. Jeremy went on to say that the 10-year renewal period is coming up, and the Town is required to rewrite the Downtown Development District Plan; the initial was done by Rick Ferrell back in 2014. He talked about the requirements needed. • Evaluate how the program has worked; good, bad, ugly • How can it be improved • Evaluate the vision, goals, and strategies • Are there things that could be/should be done differently, are not being done, etc. • Evaluate the financial incentives o The Town offers building permit fee waivers, municipal, not county, impact fee waivers, utility rebates, and a reassessment wavier for up to 5 years He spoke about identifying priority projects, which include looking at buildings and/or street blocks and determining what is wanted/needed in the next 5 years. Would there be any consideration in expanding the Downtown District? If so, there are 13 acres left before maxing out. The maps and data tables have to be updated; there’s about a 15-year difference: census date, zoning data, and property data. The GIS planner has been working diligently in getting these updated. This plan is due to the Office of State Planning Coordination on February 1st, 2026. It’s important for the Town to get input from the public and downtown stakeholders; business owners, property owners/residents, community leaders, and so forth. There should be 1 to 2 public meetings, one-on-one and/or group interviews but business owners and community stakeholders, as well as having online and paper surveys. This is similar to what was done for the Master Parks Plan. He talked about what group Council would like to have spearhead this project. There is the Smyrna Slum Clearance and Redevelopment Authority, or they can appoint a steering committee of individuals. Mayor Gott asked if there was a possibility of growing the district to the east side of the highway? And if this was strictly for brick and mortar places that exist. Jeremy answered the second question first. A property owner who’s renovating their house, someone who’s flipping a property, a developer who’s buying a lot, a tenant who’s leasing a building, and so forth. A municipality cannot apply. He gave the example of Baybird Orthodontic applying and receiving around $70,00- from the Delaware State Housing Authority for their $600,000 renovation project. Mayor Gott asked if there’s anything that prevents a property owner from continuously applying. Jeremy said that there have been property owners who has applied more than once. Mayor Gott pointed out someone who received a payout in October and another in December [per the report Jeremy provided them]. Jeremy said that owner bought 4 properties. Mayor Gott asked about increasing the downtown district. Jeremy said that would be up to Council. He answered her first question next. The Office of State Planning does not want the town to expand east across the highway. The only reason he was able to get a few properties [by Bethel AME] was because of them being on the National Register. Councilman Pope asked about the RDA vs. the Steering Committee and if under the Steering Committee would there be reports generated that show the money going in and out, and how that process would affect budgeting. Jeremy said that the purpose of going through the RDA or Steering Committee is to not administer the program; that is staff, the Downtown Development District Administrator; he would assist with the application process. The Delaware State Housing Authority vets all the work and writes the checks. The Steering Committee or RDA would have not effect on that. The purpose of their role is to rewrite the plan. Council can pick to have the RDA handle it or pick a Steering Committee of people who could be from the RDA, the Planning Commission, or local businesses. Councilman Pope asked for clarification on what is expected from Council. Jeremy said that to move forward, at their direction of rewriting and applying for a renewal of the Downtown District Development Plan, who would be responsible for reviewing staff’s work: the RDA or a Steering Committee of 7 to 10 people. Mayor Gott said that a committee handling this is not the same as staff being involved. Town Manager James said that’s why this was being presented, because they weren’t sure what Council would want. If she feels this way, then his suggestion is to create a Steering Committee and that allows them to appoint the people. Councilman Miles asked if staff would be appointed. Councilman Miles asked if staff could be appointed to that committee. Jeremy said staff would be provided just like RDA, for instance. He’s the staff liaison; they make decisions, he does the paperwork. Staff would do this regardless, it’s who they want leading the process. Councilman Pope recommended to have a Steering Committee as well as moving forward on having the plan developed. Several Council members agreed. He called for a motion to have a Steering Committee and moving forward with the development plan. Jeremy suggested they chose members at the next meeting to give them time to think about who to have on the committee. Councilman Pope said they will table the discussion until the next meeting. Councilman Miles asked if there is a requirement on extending the district. Jeremy said there are 2 basic things: there’s a maximum acreage and there has to be a legitimate strategy in terms of which parcels are included. They, [the State], doesn’t want highway commercial parcels included. He pointed out some areas on the map that was presented on the screen and then said that ultimately it is the State that approves any expansion requests. Councilman Miles asked what the max acreage was. Jeremy said 200 for Smyrna’s size. He let them know that acres can be added, but no properties can be removed. Once the Town hits 200 acres, that’s it. Vice Mayor Dr. Upshur asked for clarification on to why the east side can’t be included. Jeremy said that they don’t want suburban areas along the corridors to be developed. They have balanced that by creating a Redevelopment Focus area, with includes much of the area on the east of 13 and that enables the properties to get façade grants. Mayor Gott asked about properties like The Lindens. Jeremy talked about eligible entities: property owner, owner occupied, renter/tenant, developer, absentee land. Non-eligible entities are State and local governments. Duck Creek Regional Library wouldn’t be eligible because the project was essentially deemed local. The Firehouse isn’t eligible because they received State funds during their renovation. Hospitals are ineligible entities. Mayor Gott asked again about having something on the east side of 13. Councilman Miles joined in and asked if it’s the board’s decision to move to the east side or not. Jeremy said that the direction he received from the Office of  State Planning Coordination is they do not want to see more acreage along the highway. Councilman Miles asked if this was in the current administration of the Governor. Jeremy said it was 2024, but the Planning Director has not changed since 2021. Councilman Drew asked was SFD meant. Jeremy said Single Family Dwelling. Mayor Gott thanked him. Councilman Pope asked for a motion to have this on the next agenda. Councilman Miles motioned. Councilman Johnson seconded the motion. All were in favor. Motioned passed to have this added to the next agenda, [Councilman Pope’s earlier recommendation was for the Steering Committee and moving forward with the development planning]. e. Update 2026 Fee Schedule* Finance Director, Kathleen Acevedo, presented. There are 2 fees that she’s bringing to their attention so that they can be added to the renewal notices for the end of the year. • Rental License Fee – currently $50/year, would like to increase to $100/year o This would increase revenue just over $66,000 • Peddler’s License Fee [food trucks and businesses on wheels] – currently $50/year, would like to increase to $125/year o This is what the business license application amount currently is Councilman Miles asked how many food trucks are currently registered with the town. Kathleen said 11. Town Manager James said to take into account anybody who comes into town to do business, technically has to get a business license. Councilman Miles asked if that included for Smyrna at Night. Town Manager James said that they pay fees. Councilman Drew mentioned about the ones by the carwash [on Rt 13]. Kathleen said that they all have a license. There were no other questions, so Councilman Pope asked for a motion. Councilman Miles motioned to increase the fees. Councilman Drew seconded. All were in favor. Motion passed. 10. Presentation and public comments (3 minutes) The floor was open to the public at 7:50 PM. Two people spoke. Larry Strozeski – asked if the Finance Committee was still active. Mayor Gott said yes and that Mr. Walls is the chairman, and Town Manager James and he will be meeting soon. Larry asked if the meetings are public. Mayor Gott said that they are. Vicky Blair – watched the Planning and Zoning meeting that happened on Sept. 24th, and has concerns that staff liaison, Jeremy Rothwell, is presenting on behalf of applicants. Her questions were: • How does someone, that’s on the committee, present an application • How is an application presented without the applicant there to answer questions • Since Mr. Rothwell present the application, does that make him unable to present it to Council? She went on to say that she feels there’s a conflict of interest and that, with the applicant not present, Mr. Rothwell becomes an advocate for that applicant as opposed to and advocate for the Town he works for. She also  feels that the applicant should be involved from the beginning: to Planning and Zoning, to Council. She mentioned that the Town Manager controls staff, and she sees a lot of conflicts. 11. Adjournment Councilman Johnon motioned to adjourn. Councilman Miles seconded. All were in favor. The meeting ended at 7:55 PM. Posted 9/29/2025 by 4:30 PM (#1) *Posted 10/1/2025 by 4:30 PM (#2) item 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.