Public Meetings - Kent County, Delaware

The Kent County Levy Court held a workshop on Tuesday, September 15, 2026, beginning at 6:30 PM in Caucus Room 230, 555 Bay Road, Dover, DE. Six commissioners were present, including Commissioner Scott participating by WebEx, and the acting president presided because the county president was home ill. The agenda focused on the ORPT grant resolution for a pickleball facility at Big Oak Park and the Economic Development Industrial Land Needs Assessment. There were no public commenters, and the workshop adjourned to the regular Levy Court meeting in the chambers. ORPT Grant Resolution – Big Oak Pickleball Facility - Staff introduced Resolution 4176, authorizing the county to apply for Outdoor Recreation Parks and Trails (ORPT) grant funding for a pickleball facility at Big Oak Park. The application was submitted the day before the workshop, and the grantor indicated it would accept the signed resolution after the fact; awards are expected around November. - The resolution confirms the project is moving forward, documents the county's intended 50% match, and designates the staff lead for the project. - Commissioner Sweeney asked why Big Oak was selected. Staff responded that northern Kent County had no outdoor pickleball facilities, while an earlier West Dover opportunity was not pursued due to financial concerns and the burden it would place on the recreation program. - Commissioner Sweeney voiced strong support, saying the facility is needed and county parks are excellent. - In response to commissioner questions, staff clarified that Levy Court had already voted 7-0 to fund the project, so the grant would defray up to 50% of the cost if funds are available. The resolution is a grant requirement demonstrating the full Levy Court's backing, similar to previous ORPT grant requests and sewer fund grant requests. - Commissioners voted 6-0 to move the resolution forward to the regular meeting agenda later that evening. Economic Development Industrial Land Needs Assessment - Staff presented findings from a professional consulting study of future industrial land needs in Kent County. The study began at the request of a municipality; six other municipalities collaborated, each contributing $1,000. The county and its economic development partners absorbed the remaining cost after a federal grant application for half of the cost was unsuccessful. - The study found strong demand and low vacancy, but limited infrastructure-ready large-format sites; most near-term sites are small. Rail-adjacent sites need protection, and meeting future demand requires balancing housing and industry. The core issue is site readiness, zoning, size, and location, not total acreage. - The study estimates approximately 1,700 acres are needed to support industrial development through 2041. - Industrial growth since 2020 has been concentrated in Dover and Milford, with new flex space in Smyrna's Duck Creek area leasing rapidly. National and local trends show high demand for distribution/warehousing, flex space, and data centers; medical offices are moderate nationally but likely strong locally; general industrial is more limited. - Two new industrial parks are expected online in Harrington and Milford; Harrington has rail access. Long-term sites are unevenly distributed, with many in unincorporated rail-available areas. Municipal snapshots: - Smyrna: strong industrial base and large distribution presence because of Walmart; 7% vacancy; future sites identified for possible annexation, including east of Route 1, though long-term sites would require annexation and growth changes. - Dover: 1.6% vacancy; identified sites east of Route 1, including the roughly 700-acre Dover Motorsports parcel and nearby mall property that could support future industrial development. - Wyoming: high availability but very small parcels, making large job-creating projects unlikely; opportunities are redevelopment/infill such as reworking the VEPCO industrial park. - Camden: limited manufacturing in the VEPCO park; about 75% of industrial space was built before 2000 and is Class B/C; rail-adjacent parcels were identified but need preservation and planning. - Harrington: a new industrial park with good rail-adjacent parcels is the main future opportunity; a 221,000-square-foot facility proposed for a data center did not go forward, and the existing, aging industrial inventory is difficult to reuse. - Milford: a new industrial park will provide future sites; existing food processing is landlocked with little room to grow. Commissioner discussion and next steps: - Staff recommended advancing the next generation of high-opportunity sites, raising municipal awareness, preserving rail-adjacent land, and creating a funding mechanism for future land acquisition. Staff noted that industrial land, once lost, is rarely regained. - A commissioner said the assessment deserves more in-depth review because industrial land has been discussed frequently; staff agreed to return for a deeper presentation after meeting with municipalities. - A commissioner noted that municipalities' identified annexation lands are not currently zoned industrial and would be annexed away from the county, and cautioned that this should not be framed as the county expanding its industrial footprint or inviting more data centers. Staff clarified the study's purpose is to help municipalities identify and preserve sites, not to expand the county's own industrial inventory. - A commissioner also requested a future update on the Garrison Lake project; staff responded that the project is moving and he would return when there is enough progress to report. Key Outcomes - Resolution 4176 for the ORPT grant application was advanced by a 6-0 vote to the September 15 regular meeting agenda. - No formal action was taken on the Industrial Land Needs Assessment; it was an informational workshop presentation. - Staff will come back with a deeper review of the land needs study after completing municipal outreach and will provide an update on the Garrison Lake project when appropriate. - The workshop adjourned to the regular Levy Court meeting in the chambers.

The Kent County Regional Planning Commission held its regular business meeting on Thursday, September 10, 2026, at 6:00 PM in Levy Court Chambers. The meeting began with the Pledge of Allegiance, a moment of silence for the 25th anniversary of the September 11, 2001 attacks, and roll call, confirming six commissioners present (a quorum). The commission reviewed and voted on several conditional use and site plan applications, heard public comment, and handled routine business. Call to Order & Procedural Items - Voice vote to approve the agenda as amended (removing Thompson Ridge – postponed by applicant) – unanimous (6-0). - Voice vote to approve the minutes of July 9, 2026 – unanimous (6-0). - Levy Court actions on prior commission recommendations were noted; staff available for questions. Public Comments & Testimony - Diane Monaco (644 Artist Drive): Expressed concerns about the condition of a previously approved solar farm on the Par 3 golf course. She stated the property owner (Mr. Jones) is not maintaining the grass and weeds as required, creating mosquito, vermin, and allergy issues for her property and her dog. She provided photos and a video showing grass over 12 inches tall, and noted that code enforcement had not entered the site due to a rope barrier. She requested that the commission ensure the property is properly maintained. The chair said he would follow up with code enforcement. Discussion Items CS-26-05 – Cattail Creek Propane Facility (Conditional Use with Site Plan) - Request for an underground propane field in the Growth Zone Overlay District. - The applicant agreed to add a fence around the tanks. - Motion: Commissioner Galvery moved for conditional approval based on staff report, public hearing testimony, and findings of fact. The motion included conditions: waiver of setback requirements (90-foot correction: 39 feet from property line, 150 feet from nearest residential dwelling), compliance with county code, final plan approval within 24 months, and revocation risk for noncompliance. - Vote: 5-1 in favor (Commissioner Peterman voted no). Motion carried; recommended to Levy Court for conditional approval. CS-26-04 – Pro-Cut Tree Services (Conditional Use with Site Plan) - Request for landscaping and horticultural service establishment outside the Growth Zone. - Motion: Commissioner Galvery moved for conditional approval, including a waiver from sidewalk requirement and conditions related to DNREC letters and stormwater. - Vote: Unanimous 6-0. Recommended to Levy Court for conditional approval. C-26-05 – Sunrise Shaws Corner Road Solar (Community Energy Generating Facility) - Request for conditional use for a solar facility outside the Growth Zone. - Motion: Commissioner Servon moved for conditional approval based on staff report, public hearing testimony, and findings of fact. - Amendment: Chair Jester proposed an additional restriction: no heavy equipment on the roadway from 6-9 AM and 3-6 PM during construction to protect children walking to school. Commissioner Servon accepted this as part of the motion. - Vote: 2-4 (Commissioners Servon and Jester in favor; Peterman, Galvery, Mills, Davis opposed). Motion failed. Commissioner Servon said he voted yes reluctantly, stating the law and code are clear. Commissioner Galvery said he disagrees with the finding that public health, safety, and welfare are not adversely affected, and believes the application tears at the community. Commissioner Mills cited general welfare impact, community disruption, and loss of 15 acres of agricultural land. Commissioner Davis said the location is wrong, disrupts a good neighborhood, and called for state restrictions on solar siting. Chair Jester voted yes reluctantly because the applicant met all technical requirements. - Outcome: The application will be forwarded to Levy Court with no recommendation for support (since the motion failed). S-26-04 – Holy Cross High School (Site Plan Approval) - Request for a private high school (90,000 sq ft) on 95.074 acres inside the Growth Zone. - Presentation: Engineer Nick Wilson (Morrison Richie Associates) answered questions about fire hydrant placement (four hydrants encircling the building) and a waiver for sidewalk installation along Carpenter Bridge and Johnny Cake Landing Roads (due to future DelDOT intersection improvements). - Emergency Access: Commissioner Davis noted that the applicant agreed to a gated secondary emergency access behind the school, as requested by Fire Station 49 and police. Wilson confirmed this. - Motion: Commissioner Davis moved for approval with conditions including coordination with DelDOT for sidewalk connection to existing sidewalks east of the entrance, compliance with staff recommendations, and inclusion of Boss Circle Park per MPO comments. - Vote: Unanimous 6-0. Commissioner Servon expressed disappointment about the sidewalk waiver but voted yes. Recommended to Levy Court for approval. SLV-26-27 – Thompson Ridge (Waiver Request) - Item was postponed by the applicant to the October 8, 2026 meeting. No discussion. Key Outcomes - Approved (recommended to Levy Court): Cattail Creek Propane Facility (5-1), Pro-Cut Tree Services (6-0), Holy Cross High School (6-0). - Denied (motion failed): Sunrise Shaws Corner Road Solar (2-4); forwarded to Levy Court without a recommendation. - Postponed: Thompson Ridge waiver request rescheduled to October 8, 2026. - Public Comment: Chair will follow up with code enforcement regarding the solar farm maintenance complaint. - The meeting adjourned unanimously (6-0) at approximately 7:30 PM.

The Kent County Regional Planning Commission held a public hearing on the evening of September 3, 2026, at 6:00 PM in the Levy Court Chambers. The hearing addressed three conditional use applications: a propane facility (CS-26-05), a landscaping/horticultural operation (CS-26-04), and a community solar facility (C-26-05). No decisions were made; the commission will deliberate and vote at its business meeting on September 10, 2026. Public Comments & Testimony CS-26-05 Cattail Creek Propane Facility - One member of the public, Dave Hanks (Felton, DE), spoke in opposition. He raised concerns about truck delivery logistics, suggesting a 35-foot pull-off for safe filling of the nine 10,000-gallon tanks, and noted that during cold snaps the tanks would be depleted quickly, requiring frequent deliveries. CS-26-04 Pro-Cut Tree Services - No public comments were offered either in favor or opposition. C-26-05 Sunrise Shaws Corner Road Solar - Multiple residents and local officials expressed strong opposition. Speakers included: - Kelly Ward (87 New Fawn Ct., Clayton) – Representing the 155-home Whitetail Run HOA (letter on file). She cited concerns about deer jumping 7-foot fences, property value depreciation, glare, and habitat fragmentation. - Maggie McMullen (2523 Shaws Corner Rd.) – Opposed on grounds of farmland loss, road safety (Amish children walking), noise during construction, fire hazard (lack of hydrants), and potential for toxic fumes from solar panel fires. - Molly Tolbert, Katie Tolbert, and Mitch Tolbert (2123 Shaws Corner Rd.) – Katie described the property as a family haven and cited endangered species (monarch butterflies, tri-colored bats, bald eagles). Mitch, a firefighter, detailed firefighting challenges: limited water supply (8,500 gallons total from Hartley and Smyrna tankers), need to secure power before suppression, and thickness of access road. He also expressed frustration with the developer’s attitude (“you’re dealing with billion-dollar companies”). - Selby Gravener (2622 Shaws Corner Rd.) – Recalled prior opposition to a housing development on the same land and noted that the road is one-lane, lacks water/sewer, and would be unsafe for heavy equipment. - State Senator Dave Lawson (2257 Westville Rd., Marydel) – Argued that solar cannot exist without government subsidies, panels degrade after 25–30 years, leach into soil, and destroy farmland. He also noted road safety hazards for Amish horse-and-buggy traffic. - Eileen Talley and Kevin Talley (2593 Shaws Corner Rd.) – Small farmers who said they were not given adequate notice (only small signs on August 18). They opposed the project on grounds of water contamination, property values, and environmental harm. - Sarah (spouse of earlier speaker, name not given) – Spoke for Amish neighbors who do not use electricity; questioned the “community solar” benefit when half the road’s homes are Amish. She also raised concerns about soil testing depth not reaching drinking water aquifers. - Deborah Callandrillo (49 Newfound Ct., Clayton) – Expressed general health concerns about toxins from solar panels. - Show of hands: About 20–25 people indicated opposition. No speakers were in favor of the solar project. Discussion Items CS-26-05 Cattail Creek Propane Facility - Applicant: Charlie Barnett (Morrison Richie Associates) representing Poors Propane. The facility was previously approved in 2024 but the conditional use expired. The applicant acknowledged that the facility was built in error before final approval, with underground tanks placed 11 feet inside the required 50-foot setback from Barrett’s Chapel Road. He argued that moving the tanks would require shutting off service to 81 homes, emptying and relocating all nine tanks, and would bring them closer to the nearest house (Lot 70). Staff recommendation is to relocate the tanks; the applicant requested that the commission approve the existing layout, noting that the facility meets all federal codes and that the fence around the regulator is the key safety feature. - Commissioner questions: Mr. Davis asked about the distance to the nearest fire hydrant (unknown; applicant committed to provide answer at business meeting). Mr. Servon asked about the nearest natural gas line (not known). Mr. Peterman asked about fencing around the tanks; the applicant’s representative, Michael Steiner (2312 Ridgeway Rd., Wilmington, DE), agreed to install a fence if required as a condition of approval. CS-26-04 Pro-Cut Tree Services - Applicant: William Darby (owner) and Colby Kotchka and Drew Boyce (Century Engineering). The conditional use had expired because they could not obtain required agency approvals in time. The proposal is unchanged from a prior hearing: a 9,999 sq. ft. agricultural building, a 360 sq. ft. office, and a gravel access road. The applicant agreed with all staff recommendations. Commissioners noted that previously planted trees (green Giant arborvitae) have grown well, providing a buffer. No opposition or questions from the public. C-26-05 Sunrise Shaws Corner Road Solar - Applicant: John Falkowski (Becker Morgan Group) representing Sunrise Solar. The project is a 4 MW (AC) community solar facility on 16.5 acres of a 24.6-acre parcel. Key details: 15-foot-tall tracking panels, 7-foot knot-wire fence with wildlife openings, 20-foot landscape buffer of evergreens, stormwater management via meadow mix, compliance with all setbacks (100 ft. front, 150 ft. from off-site dwellings, 100 ft. from wetlands/streams). Noise from inverters at nearest neighbor (244 ft. away) is 32 decibels (quiet office). Soil testing will be done at baseline and every five years. Decommissioning plan and bond required. - Commissioner questions: Mr. Servon asked about the soil types (IGB type A and H&A type B) shown on the plan – these are soil types. Mr. Gauvery asked about panel height (15 ft. at full tilt, 7 ft. flat). Mr. Mills raised a concern about toxic fumes from solar panel fires. Commissioner Garber noted that the commission’s hands are tied by state legislation and advised residents to contact legislators. Director Kiefer reported that 265 acres of solar have been approved, leaving about 1,300 acres available. Key Outcomes - No decisions were made on any of the three applications. The commission will deliberate and vote on all three at its public business meeting on Thursday, September 10, 2026, at 6:00 PM. No new testimony will be received at that meeting. - The record for each application will remain open for two business days (until September 5, 2026) for written submissions. - For CS-26-05 (propane), the applicant was asked to provide the distance to the nearest fire hydrant at the business meeting. - For C-26-05 (solar), the commission received extensive oral and written opposition. No action was taken, but the matter will be decided at the September 10 meeting. - The meeting adjourned at approximately 7:30 PM (inferred from the timeline).

The Kent County Levy Court held a business meeting on September 1, 2026, at 7:00 PM in the Levy Court Chamber, Dover, Delaware. Six commissioners were present (one absent). The meeting covered routine approvals, presentations, a public hearing on personnel policy, and a major subdivision appeal. Public comments raised concerns about traffic, safety, and infrastructure impacts of the proposed Harmony Hills II development. Consent Calendar - Approval of Minutes: Minutes from August 11, 2026, business meeting were approved. - Potential Action Items from August 25, 2026 Workshop: - SL-25-01 The Landings: Cash in Lieu of Active Open Space Requirement – approved. - Update Kent County Levy Court Policy Manual – approved. - EagleView Contract Renewal – approved. Public Comments & Testimony - Gerald Robinson (3908 Peach Tree Drive): Expressed concern about additional traffic from Harmony Hills II, questioning developer plans for traffic flow and entrances/exits. - Sheila Peace (3996 Peachtree Run): Asked how the development would integrate with the Star Hill community (civic association, school, community center, churches). - Dorotheen Abrams Rojas (636 Fochels Mill, Star Hill Road): Raised concerns about water and sewer capacity, resource strain, and whether the area would remain under Delaware State Police or be annexed into Camden Police jurisdiction (with associated tax implications). - Janette Glass (458 Bosch's Mill, Star Hill Road): Worried about school bus routing and overcrowding in Caesar Rodney School District; asked if new schools would be built. - Crystal Peace (3966 Peachtree Run): Questioned safety with one-way in/out; asked about emergency access regulations (e.g., tree blocking entrance). - Florida Johns (116 Lingo Drive, Dover): Concerned about property line proximity to her home, insufficient space for school buses, fire trucks, and trash collection; also asked about plans for houses vs. duplexes and traffic congestion. - Aubrey Hudson (Star Hill area): Noted the road (Peachtree Run) was historically serviced by DelDOT but service stopped after a daycare left; urged government agencies to cooperate to improve infrastructure for the 21st century. - Donah Barnes (63 Vanessa Drive): Criticized that existing traffic and safety issues on Peachtree Run are not addressed; said Star Hill is a historic neighborhood and new development would destroy it; called for solutions before adding more homes. Discussion Items - Resolution 4177 – Literacy Month and Adult Education and Family Literacy Week: Proclamation recognizing September 13–19, 2026, as Adult Education and Family Literacy Week in Kent County. Representatives from Polytech Adult Education spoke about their programs serving 15,000 students annually. Approved unanimously. - September 2026 Employee of the Month: John DeAngelis, Engineering Project Specialist from Public Works, was recognized for his work delivering trash bins, creating districts, and excellent customer service over 30 years. Commissioners praised his dedication. - Public Hearing – Ordinance LC26-14: Amendment to personnel policy (Chapter 68, §68-7(D)(5)) updating pre-employment drug screening for safety-sensitive positions. No public testimony. Approved unanimously. - Old Business – Amendment of Effective Date for Ordinance 26-10: Clarified that sick leave changes are retroactive to August 11, 2026, while personal leave changes begin January 1, 2027. Approved unanimously. - New Business – SL-26-06 Harmony Hills II Appeal: Appeal of Regional Planning Commission's (RPC) denial of a 93-lot major subdivision (53 single-family homes, 40 duplexes) inside the Growth Zone overlay. The applicant (TPDL Management LLC, represented by Alex Burns and Frank DeMonty) argued all code requirements were met, including compliance with Senate Bill 23 (Housing for Every Delaware Act). Staff recommended approval. Commissioner Sweeney made a motion for conditional approval, including conditions for internal school bus stops, an entrance sign easement, and tree clearing restrictions. Commissioner Angel expressed moral concerns about single ingress/egress for safety but abstained to allow the issue to be addressed at the state level. Commissioner Hertz noted that under SB 23 and the Tony Ashburn case, the court must approve conforming applications. The motion passed 5-0-1 (one not voting, one absent). Key Outcomes - Consent Agenda 26-13: Approved unanimously (6 yes, 1 absent). - Resolution 4177: Approved unanimously. - Ordinance LC26-14: Approved unanimously. - Ordinance 26-10 Effective Date Amendment: Approved unanimously. - SL-26-06 Harmony Hills II: Motion to grant conditional approval passed 5 yes (Hall, Hertz, Pepper, Sweeney, Scott), 1 not voting (Angel), 1 absent (Maston). The applicant must comply with all staff and agency conditions, including a waiver for stormwater pond setbacks (35 ft and 40 ft instead of 100 ft), two internal school bus stops, an entrance sign easement, and bird nesting season tree clearing restrictions. - Executive Session: Not needed; meeting adjourned.

The Kent County Levy Court held a workshop on Tuesday, August 25, 2026, at 6:00 PM in the Caucus Room at 555 Bay Road, Dover, DE. The meeting was also available via WebEx. Four commissioners were present: Commissioner Hertz, Commissioner Hall, Commissioner Sweeney, Commissioner Squat (Scott), and Vice President Scott. The county attorney participated online. The workshop included presentations, discussions, and public comments on multiple items. The agenda item regarding Ordinance LC26-13 (Data Centers) was removed prior to the meeting. Public comments focused heavily on data center regulation and a local development access issue. Consent Calendar - EagleView Contract Renewal: A six-year contract renewal for the EagleView aerial imaging software was discussed. The software is used by assessment, planning, public safety, and engineering departments. The contract value is approximately $400,000. Staff recommended approval and the item was moved to the consent agenda. Commissioners voted unanimously (5-0) to approve. - SL-25-01 The Landings: Cash in Lieu of Active Open Space Requirement: For a 10-lot subdivision outside the growth zone near LipSec, the developer offered $10,000 in lieu of a half-acre of required open space. Staff recommended approval. The item was moved to the consent agenda and approved unanimously. Public Comments & Testimony - Bonnie Pennington (Dover resident): Opposed data centers, citing health risks (cancer, respiratory issues), high water usage (two Olympic-size swimming pools per day), noise from 24/7 generators, and financial burden on the city. Urged rejection of data centers. - Melissa Beechum (122 Fairground Road, Harrington): Asked for a buffer approach, including classifying data centers as conditional use (not by-right), prohibiting them on sites served only by private wells, and establishing strict nighttime noise limits. Noted that residents on private wells near proposed sites could face water impacts. - Marissa McClinton (Sierra Club Delaware, DCLER facilitator): Acknowledged the county’s progress but urged timely completion of a strong ordinance to set a countywide standard. Requested a clear timeline and transparency on amendments. Noted other municipalities are watching the county’s lead. - Joy Woodruff (Dover): Asked the county to keep data center rules separate from broader land use issues. Urged a standalone vote to change data centers from by-right to conditional use, as promised at the July 21 meeting. Emphasized the need for public hearings and to keep the public commitment. - Dennis Norwood (3350 Woodyard Road, Harrington): Supported eliminating by-right and requiring public hearings. Stressed that data centers affect quality of life and that constituents’ voices must be heard. - Linda Lewis (Dover): Asked for increased transparency, including a calendar of milestones for the data center ordinance. Referenced previous commitments to discuss addenda (setbacks, noise). Expressed trust concerns due to lack of clarity. - Amelia Hodges (Clayton): Supported a moratorium on data centers while the ordinance is finalized to prevent applications during the process. Noted that data centers are moving quickly. - Donald Barnes (63 Vanessa Drive, Camden): Raised concerns about access to the proposed Harmony Hill 2 development in the Star Hill area. Stated that the new development lacks a proper entrance and could use Hestart Lane or Vanessa Drive, creating safety issues for emergency vehicles. Questioned whether the development had been approved. Commissioners noted the item is on the September 1 business meeting agenda. Discussion Items - First State Honor Flight Presentation: Joel Hopper (treasurer) and board members Trish, Lee, and Sue presented the First State Honor Flight program. They requested use of the Levy Court building on Saturday, October 17, 2026, for a welcome-home ceremony (5:00–8:00 AM and 8:00–9:00 PM). The program provides free trips for veterans to Washington, D.C., memorials. The group also sought help signing up veterans and volunteers. Commissioners expressed strong support. Vice President Scott noted the building’s availability on Saturdays and that any staffing costs would not be a showstopper. Commissioner Angel suggested Joel Hopper work with staff to also consider future dates in 2027. There was general consensus to allow the use. - Data Center Regulation Discussion (in public comments): Several commissioners responded to public concerns. Vice President Scott noted there are currently zero data center applications in Kent County. Commissioner Angel explained the county is reviewing all legal options, including a potential moratorium, and that the ordinance is being carefully crafted to avoid errors. He emphasized that state and federal government also have influence (e.g., SB 23, federal AI push). Commissioner Hall added that citizens should also contact state legislators. The county attorney is working on the legal framework. No formal vote was taken on this topic. - Harmony Hill Development Access: Commissioner Angel informed Donald Barnes that the Harmony Hill 2 development access issue is on the September 1 business meeting agenda. He also said he asked the county administrator to add it to a future meeting with state senators and representatives to address road width standards. Key Outcomes - The Honor Flight request to use the building on October 17, 2026, received general approval; details to be worked out with staff. - EagleView Contract Renewal and The Landings cash in lieu were approved on the consent agenda. - No decisions were made on data center regulations, but the county is actively working on amendments. A moratorium is under legal review. Commissioners committed to transparency and will provide updates. - The Harmony Hill 2 access issue will be discussed at the September 1 business meeting (7:00 PM, Chambers). - Future workshop agendas will include a three-minute limit for each public comment speaker. The meeting adjourned after public comments and commissioner comments.

The Kent County Levy Court met in person and via WebEx on Tuesday, August 11, 2026, at 7:00 PM in the Levy Court Chamber at 555 Bay Road, Dover, DE. The Court approved a sick leave ordinance, awarded a quicklime chemical contract, introduced a drug screening policy update, and tabled a subdivision appeal. Consent Calendar - The agenda listed approval of the July 21, 2026 business meeting minutes as a consent item; however, the transcript does not record any action on this item during the meeting. Public Comments & Testimony - No members of the public provided comments on agenda items. There were no speakers in favor of or in opposition to Ordinance LC26-12 during the public hearing. Discussion Items - Ordinance LC26-12 (Public Hearing): Amends Kent County Code Chapter 68, §68-21 (Sick Leave) to establish a new effective date of January 1, 2027. The Court closed the public hearing after receiving no testimony and voted unanimously (5 yes, 2 absent) to approve. - Chemical Contract – Quicklime Bid Award: A department representative reported that bids opened July 16 for quicklime used in the biosolids Class A process. Two bids were received from Greer Industries and Carmoose North America; the lowest bid was approximately $300,000 less than the highest. Commissioner Pepper noted chemical prices are rising and the low bid aligned with forecasts. The Court awarded the one-year contract to Greer Industries at $397.84 per ton, for September 1, 2026 through August 30, 2027, with two one-year extension options, funded from the FY27 sewer fund operating budget. Motion carried 5 yes, 2 absent. - Introduction of Ordinance LC26-14: To amend Chapter 68, §68-7 (Vacancies, Recruitments and Appointments), Section D5, updating pre-employment drug screening. The public hearing is scheduled for Tuesday, September 1, 2026. - SL-26-06 Harmony Hills II: Appeal of a decision to deny a 93-lot major subdivision (53 single-family homes and 40 duplexes) in the Growth Zone overlay district. Based on an email from the developer’s counsel and with approval of the County Attorney, Commissioner Sweeney moved to table the appeal to the September 1 new business agenda. Motion carried 5 yes, 2 absent. Key Outcomes - LC26-12 approved by roll call vote of 5-0 (Commissioners Hall and Maston absent). - Quicklime contract awarded to Greer Industries at $397.84/ton for one year with extension options; roll call 5-0. - LC26-14 introduced; public hearing set for September 1, 2026. - Harmony Hills II appeal tabled to September 1, 2026 new business; roll call 5-0. Commissioner Comments - Commissioner Sweeney noted that during the Pledge of Allegiance, remote participants could not hear anything because microphones were not activated. He suggested holding the microphone during the pledge in the future. Adjournment - The meeting adjourned by unanimous voice vote.

The Kent County Levy Court held its regular business meeting on Tuesday, July 21, 2026, at 7:02 p.m. in Levy Court Chambers, 555 Bay Road, Dover. All seven commissioners were present. The meeting included presentations for retiring employees and an employee of the month, followed by four public hearings. Key actions included the adoption of a proactive data center ordinance, approval of a zoning change for a farm-based antique store, tabling of an ethics code update, and tabling of meeting room fee revisions. Consent Calendar - The consent agenda (item 2611) was approved by a 7-0 vote. Public Comments & Testimony - At the start of the meeting, no members of the public or online participants commented on non-hearing agenda items. - During the data center public hearing, approximately 150–200 attendees were present. Commissioner Angel noted that of those who signed in, 27 were in favor of the ordinance and 14 were opposed. Many speakers expressed opposition to data centers but supported the ordinance as a necessary guardrail. Several requested amendments including larger setbacks, a ban, or a moratorium. - During the rezoning hearing for the antique store (LC2610), several speakers testified in favor, including the property owner and a vendor, citing the need to support farm income and community benefits. No opposition was expressed in person or online. - For the home daycare conditional use (C2604), the applicant spoke in favor; no opposition was recorded. Discussion Items Data Center Ordinance (LC2606) - Staff presented an ordinance to define and regulate data centers as a permitted use with conditions in IL (light industrial) and IG (general industrial) zoning districts. The ordinance establishes a 300-foot setback for buildings, a 400-foot setback for mechanical equipment, requires a noise study with mitigation measures, and mandates a letter of water and electricity availability. Power generation remains a separate conditional use. The Regional Planning Commission voted unanimously to recommend approval. - Commissioners emphasized that the ordinance is proactive—Kent County has received no data center applications—and that it sets guardrails to prevent unregulated development. It does not apply to municipalities. Commissioner Sweeney noted that the ordinance is written in pencil and can be amended, and she requested a future workshop to consider making data centers a conditional use (requiring public hearings for each application). Commissioner Hall confirmed the intent to bring amendments. - Public testimony was heard from over 30 speakers in support of the ordinance (many opposing data centers but supporting regulation) and from several opposed, citing concerns about noise, water usage, property values, and lack of public input per project. Some called for a ban or moratorium. Senator Eric Buckson spoke, noting his unsuccessful attempt to pass a statewide moratorium. - The county attorney advised that a moratorium would require a separate ordinance with a public process, and a full ban would require legal review. - The ordinance was adopted by a 7-0 roll call vote. Commissioners stated that passing the ordinance provides immediate protections while further amendments can be pursued. Zoning Change for Antique Store (LC2610) - Staff introduced a one-acre rezoning request from AR (agricultural residential) to BN (neighborhood business) on a 125-acre farm south of Farmington, to legalize an existing antique and craft store. The Regional Planning Commission issued no recommendation due to a 3-3 tie vote (motions to deny and approve both failed). - The property owner testified he built the building using an agricultural permit but intended it for agritourism and antique sales to supplement farm income. He argued the use should be allowed under AR zoning as limited commercial/agritourism. Commissioners debated whether granting the rezoning would set a precedent for bypassing permit rules. Those voting in favor cited support for farmers and no public opposition; those against cited the need to follow zoning and permit processes. - The initial motion to deny failed 3-4 (Angel, Pepper, Sweeney, Maston opposed). A subsequent motion to approve passed 4-3 (Angel, Pepper, Sweeney, Maston in favor; Hall, Hertz, Scott opposed). The ordinance was adopted, rezoning the parcel to BN. Ethics Code Update (LC2604) - Staff presented an ordinance repealing and reenacting Chapter 41 (ethics code) to incorporate state law, prohibit nepotism, require ethics training, and add post-employment restrictions. Vice President Scott moved to table the ordinance due to verbiage concerns. Commissioner Hertz supported the table, noting constituent feedback. The motion passed 7-0. Further discussion will occur in a future workshop. Meeting Room Fee Schedule (LC2524) - Staff proposed an ordinance updating meeting room rental fees at the county administrative complex, removing two rooms, and introducing a support staff fee. Vice President Scott moved to table, citing need for additional discussion on what qualifies as a community organization and whether fees should be charged for public use of the building. The motion passed 5-2 (Angel and Hertz voted no). Home Daycare Conditional Use (C2604) - Staff presented a conditional use application for a licensed family child care program in a residential subdivision. The Regional Planning Commission recommended approval unanimously. The public hearing was opened, and the applicant testified in support. No other testimony was received. The transcript ends before a vote; no decision is recorded. Key Outcomes - Ordinance LC2606 (Data Centers): Adopted 7-0. Effective immediately. Establishes definitions, setbacks, noise and utility requirements, and restricts data centers to IL and IG zoning districts. Amendments to strengthen noise limits, water protections, and public hearing requirements are planned. - Ordinance LC2610 (Rezoning for Antique Store): Approved 4-3. Changes one acre from AR to BN zoning outside the growth zone, legalizing an existing business. The owner must comply with site plan review and commercial building codes. - Ordinance LC2604 (Ethics Code): Tabled 7-0. Will return for revision after further commissioner and public input. - Ordinance LC2524 (Meeting Room Fees): Tabled 5-2. Further discussion scheduled. - Conditional Use C2604 (Home Daycare): Public hearing held; no vote recorded in the available transcript.

The Kent County Board of Adjustment convened on July 16, 2026 (timestamp per user instruction: 2026-07-16 11:00:00+00:00) at the Levy Court Chambers in Dover, Delaware. The meeting included a public hearing for three variance applications followed by a business meeting for deliberation and voting. All six board members were present, constituting a quorum. Consent Calendar - Minutes: The board unanimously approved the minutes from the May 2026 meeting. - Notices of Decision: The board unanimously approved the Notices of Decision for applications A-26-08 through A-26-14 (from the previous meeting) without discussion. Public Comments & Testimony No members of the general public (other than the applicants and their representatives) provided testimony. - A-26-15 (Bell - Garage): Applicant Robert Bell testified that a septic mound and well limited building space on his lot. He stated the proposed location (22 ft from the front property line, 2 ft from the side property line) was the only viable option and would not interfere with neighbors. A minor discrepancy was noted between the application materials (listing the garage as 18x20 ft) and the applicant's testimony (stating the garage was 21 ft). - A-26-16 (Lapierre - Fence): Applicant Brenden Lapierre testified that the 6-foot fence was installed immediately upon purchase in 2019 for the safety and privacy of his young children and pets. He argued the corner lot configuration and recent road widening by DelDOT created unique circumstances. He presented a $5,150 quote to relocate the fence and stated that reducing its height to 4 ft would not provide adequate privacy from a new 200+ unit development directly across the street. - A-26-17 (Tigon Golf Carts - Building): Representative Chad Warren (engineer) argued the proposed location was the only site for the new 1,860 sq ft building without a complete property reconfiguration. Representative Jeremy Pelliquin stated the building was needed for employee safety (shelter from weather), winter cart storage, and to improve site aesthetics and traffic flow. Discussion Items - A-26-15 (Bell): Staff recommended a compromise approving the 22-foot front setback variance while denying the 2-foot side setback variance to maintain a 5-foot side setback. The applicant agreed to this 3-foot adjustment. The board voted separately on each variance. - A-26-16 (Lapierre): The board deliberated on the self-imposed hardship of the unpermitted fence. Members noted the lack of complaints over seven years, the unique double-fronted corner lot situation, the financial burden of altering the fence, and recent development. The variance was approved over one dissenting vote (5-1), with the dissenter arguing the hardship was entirely self-inflicted. - A-26-17 (Tigon): The board debated the narrow 6-foot side setback adjacent to the neighboring propane business. Despite concerns about emergency access, the board cited the business's positive impact on the area, the high cost of land and relocating the business, and the minimal impact on neighboring properties in approving the variance over one dissenting vote (5-1). Key Outcomes - A-26-15 (Bell): Variance for the 22-foot front setback was APPROVED (6-0 vote). Variance for the 2-foot side setback was DENIED (6-0 vote); standard 5 ft side setback is required. - A-26-16 (Lapierre): Variance to legalize the existing 6-foot fence within the front setback was APPROVED (5-1 vote). - A-26-17 (Tigon Golf Carts): Variance for a new 1,860 sq. ft. service and storage building (10 ft from the rear and 6 ft from the side property line) was APPROVED (5-1 vote).

The Kent County Regional Planning Commission held its regular business meeting on July 9, 2026, at 6:00 PM. Commissioners voted on several land-use applications, including a controversial subdivision denial and approval of a new data center ordinance. Public comments raised concerns about data centers and a proposed subdivision. The meeting also included election of officers. Consent Calendar - Agenda Approval: Approved unanimously (6-0). - Minutes of June 11, 2026: Approved unanimously (6-0). Public Comments & Testimony - Paul Workman (16 Freedom Drive): Opposed data centers in Delaware, stating they would not benefit the state. - Melissa Wernersback (25 Drew Court, Dover): Strongly opposed data centers, citing high electricity consumption, water usage, and noise pollution; argued the ordinance does not adequately mitigate impacts. - Brittany Williams (120 Morning Dove Lane, Dover): Opposed data centers, noting they create few jobs, generate pollution, and harm communities; urged the commission to protect Kent County's character. - Michael Kopp (1584 South State Street, Dover): Recommended that any future data center be required to generate its own power and address water table impacts; supported the ordinance as a first step but requested additional conditions. - Virginia Harris (152 Vochels Mill Star Hill Road): Opposed the Harmony Hills 2 subdivision, citing dangerous traffic on Peach Tree Run, inadequate road infrastructure, and safety risks for children. Discussion Items - C 26-04 – McCoy Home Occupation Daycare: Motion to recommend conditional approval passed unanimously (6-0). The daycare is in the Growth Zone Overlay District. - CZ 26-02 / LC 26-10 – Zoning Map Amendment (AR to BN): A motion to deny failed 3-3. A subsequent motion to approve also failed 3-3. The tie votes resulted in no recommendation; the application will proceed to Levy Court. - Harmony Hills 2 – Major Subdivision (94 lots, 52 single-family homes): The engineer clarified that the property is landlocked with only one access point (Peach Tree Run) and that two school bus stops were added per school district request. A motion to deny based on public safety (single entrance/exit for emergency vehicles) passed 5-1. The commission's attorney advised that the subdivision met all code requirements and that denial violated Delaware law; the developer may appeal to Levy Court. - Preston Automotive Group – Site Plan (50,666 sq ft auto dealership, retail, restaurant): Motion to approve passed unanimously (6-0) with conditions including a bike rack for at least four bicycles and compliance with staff recommendations. - SLV-26-24 – Waiver for Cul-de-Sac Length (HRS Properties): A modified approval was granted (6-0) allowing a maximum cul-de-sac length of 1,300 feet, waiving the requirement that 25% of lots front on a connected route, due to surrounding land constraints. - LC 26-06 – Data Center Ordinance: Motion to recommend approval passed unanimously (6-0). The ordinance adds explicit conditions to mitigate impacts of data centers (e.g., setbacks, buffering, noise attenuation); prior to this, the county had no specific regulations. - Election of Officers: Mr. Jester was nominated and elected as Chair; Mr. Davis was nominated and elected as Vice Chair. Key Outcomes - C 26-04: Recommended conditional approval (6-0). - CZ 26-02: No recommendation; tie vote sends application to Levy Court. - Harmony Hills 2: Denied (5-1); appeal expected. - S 26-03: Approved (6-0) with conditions. - SLV 26-24: Modified approval granted (6-0). - LC 26-06: Recommended approval (6-0). - Officers: Jester elected Chair, Davis elected Vice Chair.