0:10I need to run out of the math just in case they have the other.
0:33This meeting is being transcribed and summarized.
2:05Seven fourteen PM on Tuesday, April 14th, 2026, calling the Kent County Levy Court business meeting to order.
2:13Five five five Bay Road, Dover Delaware, or in the Levy Court Chambers.
2:17And I will turn it over to County Administrator Kevin Sippel.
2:22Thank you, Madam President.
2:23This meeting is being held in person in five five five Bay Road Dover Delaware and the Levy Court Chambers.
2:28We're also making it available via the internet through WebEx.
2:30Participants can join us by phone or by computer during the meeting.
2:33There will be opportunities for public comments for those attending in person or online.
2:38When the President opens a public comment period, those attending in person may step forward to one of the two podiums and be recognized.
2:44If you're joining us by phone and wish to comment, please press star three, which will raise your electronic hand.
2:58Please use those at the appropriate times.
3:17One at the beginning of the meeting for agenda items and one near the end of the meeting for general comments.
3:35Moment of silence for our troops and first responders.
3:38Commissioner Sweeney.
3:51Make important decisions for your land.
3:53Please guide us to make the right decisions that are pleasing to you and to our constituents.
4:45Detective Randy Hopper from the Tulane County Sheriff's Office in California.
4:49Deputy Sheriff Landon Faulkner from the Hamilton County Sheriff's Office in Tennessee.
4:54Agent Eddie Santiago Renta from the Puerto Rico Police Department.
5:00Also, tonight, we're very sad that we have lost one of our best friends to Kent County Levy Court this past week, Loretta Wooten, the ex-clerk of the peace and longtime county employee passed away.
5:13So please keep Brenda and Donna and their families in your thoughts and prayers as well.
6:00I think he he just uh logged off, so he's probably just trying to get his uh equipment set up if you can come back to him.
6:27Roll call reveals six.
6:34Next item on the agenda is a motion to adopt the agenda.
6:38So move, Madam President.
6:40We have a motion by Vice President Scott, second by Commissioner Pepper to ask questions.
6:50I don't hear I'm holding down the mute button, but I don't hear anything.
6:56We have reach out and hear it.
6:59I'll take a couple minutes.
7:04Roll call on the adoption of the agenda.
7:14Angel, can you hear me?
7:30Madam President roll call reveals six years.
7:34And one we what do I call what do I say?
7:38At this point, we open up the agenda.
7:41Does anyone in the public here have any comments on agenda items?
7:50For our guests joining us online.
7:53If you would like to make public comments at this time, please indicate by raising electronic hand or pressing star three if you're joining us by phone.
8:07I see no hands raised online.
8:10At this time, Commissioner Angel, if you can hear us, if you can just raise your hand.
8:17Okay, it appears that Commissioner Angel might be having some technical difficulties.
8:22Our staff will be reaching out to him.
8:25Motion to accept consent agenda 2606.
8:31Motion by Commissioner Pepper, second by Vice President Scott.
8:58Angel, one more time.
9:00Well, I couldn't hear.
9:01I had no sound, so I don't know what we're voting on.
9:10You're voting on the consent agenda.
9:13Okay, that's the first I've heard it.
9:23Madam President, roll call reviews, seven years.
9:27Let the record show seven years for the consent agenda.
9:36The next item we have is presentation, Commissioner Pepper.
9:40The next item on the agenda and presentations is resolutions 4153, Kent Conservation District Stewardship Week 2026.
9:50I have a document resolution in front of me.
9:54And once I read it, we'll have to take a vote to approve it.
10:00It's resolution 4153 declared in April 26th through May 3rd, 2026 as recognizing National Association of Conservation Districts 2026 Stewardship Week in Kent County, Delaware.
10:12Whereas the National Association of Conservation District has designated April 26th through May 3rd, 2026 as stewardship week, encouraging communities nationwide to celebrate and protect natural resources.
10:26And whereas the 2026 theme, soil, where it all begins, highlights soil as the foundation for healthy food, clean water, thriving habitats, and resilient communities.
10:39And whereas healthy soil stores water, cycles nutrients, supports billions of living organisms, and strengthens both rural and urban landscapes essential to Kent County's environmental and community well-being.
10:55And whereas conservation districts, including the Kent Conservation District, provide education, technical assistance, and community partnerships that promote soil health and inspire stewardship across all ages.
11:09Now, therefore, be it resolved that the Kent County Levy Court hereby recognizes April 26th through May 3rd, 2026 as stewardship week in Kent County and encourages residents, schools, and community organizations to participate in activities that promote soil health and conservation awareness.
11:28And be it further resolved that this resolution be incorporated into the official minutes of the April 14th, 2026 meeting of the King County Levy Court and is signed by all seven levy court commissioners.
11:44Do we have a motion to approve resolution 4153?
11:48I make the motion to approve resolution 4153.
11:52A motion by Commissioner Pepper, second by Vice President Scott.
12:12Adam President Roll Call reveals 78th.
12:16Let the record show seven years for resolution 4153.
12:25is here to accept this resolution for the Kent Conservation District.
12:30And he is a board on a member of the board supervisors for the Kent Conservation District.
12:36So we can all go down front and we can do the presentation.
12:39And do we have someone there's uh our picture taker back there?
13:24I don't want to be in the way.
13:26Paul, thank you for being here tonight to accept this resolution from the Levy Court.
13:31Uh take it back to the conservation district and present to them.
13:34And I don't know if all of you know or not, but Monday, I believe at 11 a.m., the Governor's Conservation Awards will be presented at the uh Ag Museum, uh, followed by lunch, you're all invited to.
13:49So thank you for all you do, all your support for the conservation district, and you being a farmer, you're especially uh uh benefit from people taking care of the land, and we know that you do.
14:04Yeah, congratulations.
14:05Um I actually uh got a meeting with Jared on uh Friday to uh give my development into the stormwater management program.
14:12So uh congratulations.
14:15Yeah, thanks so much for all you do, really appreciate it for Kent County.
14:21Congratulations on this award.
14:23Agriculture is a big big component of Kent County.
14:25Thank you for all that you do.
14:30Congratulations, Paul.
14:31It's well deserved, and we appreciate everything that Kent Conservation does.
14:36Well, I guess some next to last everybody's already said it.
14:39So Paul, congratulations, and uh you can't thank uh Kent Conservation enough for for everything that they do and all the farming as well.
14:49So, Paul, how long have you been on the Kent Conservation District?
14:55Two years, so little man on Totembol, probably.
14:58That's why you're here.
15:01So just know that this recognizes our um value that we put on the Kent Conservation District, and you represent them very well.
15:11Thank you very much.
15:15I appreciate all of your comments and I appreciate the award on behalf of all the people at Conservation District.
15:23Now you really got to understand that Paul really wanted to be here.
15:28Because you never see Paul without his hat on.
15:31And he's here without his hat.
15:34So he didn't even bring it in.
15:37So we we know that he really wants to be here to really accept this award.
15:47Well, I'm sorry I couldn't be there to be to be part of this because uh the farmers are my closest to my heart of everything I have done since I've been elected.
15:55So congratulations and well deserved and continue to fight for what we what you're doing.
16:30Why you're all still here.
16:36Thank you so much, sir.
16:44A couple of weeks ago, uh Robert Scott was honored by the Houston Fire Company for their president's award, and uh we were there.
16:52And due to some communication issues, Kent County didn't have a uh presentation to make to him.
16:58So we made it a point when we came back to make sure this was done.
17:02And it reads as follows.
17:03Kent County Levy Court tribute honoring Robert Scott, recipient of the Houston Fire Company's president award.
17:09Robert Scott has devoted decades of distinguished service to the residents of Kent County through his long and active involvement with the Houston Fire Company.
17:17Over the years, he has held numerous leadership positions, including fire chief, president, deputy chief, vice president, EMS chair, and other essential operational administrative roles that have strengthened emergency responses capabilities and supported the safety of the Houston community.
17:34Throughout his tenure, Mr.
17:35Scott has earned the respect of his peers for his reliability, leadership, and unwavering commitment to volunteer service.
17:41His steady presence, technical knowledge, and dedication to the mission of the fire service have made him a trusted and valued member of the organization.
17:50In recognition of his exceptional contributions, Mr.
17:53Scott was honored with the president's award by the Houston Fire Company.
17:57This distinction is traditionally presented to a member whose dedication, support, and service have significantly advanced the mission and effectiveness of the organization.
18:07His receipt of this award reflects the high regard in which he has held and the meaningful impact of his work.
18:13The Kent County Levy Court extends its sincerest congratulations to Robert Scott on this well-deserved honor and expresses its deep appreciation for his many years of exemplary service, leadership, and commitment to the safety and well-being of the community.
18:28It's signed by myself as well as the other six members of our five members of Kent County Levy Court.
18:35Congratulations on this award.
18:36Job well done, as always, and thank you for your service to the community.
18:44All those years that you spent away from home, your wife was probably happy you were gone, but um, seriously.
18:53You know, it it takes a lot of dedication to give as much to the fire company that you and your family have given to the fire company.
19:01Um we certainly appreciate it.
19:03Our communities couldn't survive without folks like as yourself uh standing up and taking a leadership role.
19:10And uh, you know, and when you're in the fire company, I know that you've got as many different opinions as you have members.
19:18And to be able to bring all that together uh says a lot for you.
19:22So thank you for all you've done for your community for the county and for the fire service.
19:30Uh over the last couple of years we've become really good close friends.
19:33You've become an ally and you've helped me out a lot understanding the fire service and uh really appreciate your dedication.
19:39I can't think of a better person to do this.
19:45So, Bob, you've been busy.
19:49Really appreciate everything that you've done for this county and our communities.
19:57I can't express my gratitude enough.
20:00Thank you very much.
20:05Congratulations, Bobby Scott.
20:07Myself and Bobby have gone back a long way.
20:15This gentleman's got a full-time, two full-time jobs.
20:18Pours his heart and soul into being the vice president of the levy court and still has time to volunteer for his local fire department.
20:25Definitely well deserved.
20:30Commissioner Scott, congratulations for your peers to recognize you with this is something to be very much appreciated.
20:41Angel or Commissioner Angel.
20:46I'm sorry I couldn't be there.
20:48Shake your hand and cheer you on too because we've become very close now.
20:52And uh we got to know each other uh very good in the last couple of years.
20:57And when we do have those long lengthy discussions, my my ending saying is are you Catholic?
21:02Because it sounds like we get we are so much in touch, even though we come from different worlds.
21:07But we work well together.
21:08And it shows here that the community really appreciates what you do, and I do too.
21:17I'll keep it short and sweet.
21:18Thank all of you for the recognition.
21:20They uh kind of blindsided me.
21:22I've been with the fire company 35 years, and I don't think I've ever been surprised, but I will say a couple of weeks ago I was, and then tonight President Maston threw another surprise.
21:31So either I'm getting old or I'm slipping.
21:34You're not getting old.
21:38Are you done with us?
22:45Commissioner Angel, do you have any old business?
22:48No, it's just time, Madam President.
22:55Thank you, Madam President.
22:57Uh Introduction of Ordinance LC twenty-six TAC 03, water supply facilities, an ordinance to Chapter 187, Subdivision and Land Development as amended by revising Article 10.
23:24Required improvements, Section 187-53, minimum requirements, item C water supply facilities in order to align the provisions of table X-1, water supply facilities with Table X-2, Sanitary Sewer Requirements, and require Central Water Service with fire protection for all major subdivisions with 11 or more lots for public hearing on Tuesday, May 26, 2026 at 7 p.m.
24:09Thank you, Commissioner Hall.
24:10Uh Commissioner Hertz.
24:22Good evening, Madam President, Vice President, and Commissioners.
24:25The item before you is um for the engineering project manager uh two position.
24:32The county engineer recently announced her retirement and started terminal leave on April 1st, 2026 with a separation date of May 31st, 2026.
24:41The assistant public works director has assumed the county engineer position on an acting basis and will transition to be permanent effective June 1st, 2026.
24:51Staff recommends opening recruitment to fill the vacant position.
24:56In the past, the engineering division recruited for an engineering project manager three position.
25:02However, um there was a lack of qualified candidates, and um it resulted in closing and defunding the position.
25:11Staff recommends opening the recruitment for an engineering project manager two after levy court approves this.
25:19This would allow for future growth and succession planning of the engineering project manager series.
25:24In addition, there is a larger candidate pool for this position.
25:29Recruitment for this position for this position would start May um mid-April 2026, and candidate interviews will be in May of uh of this of this year.
25:41Currently, the position is not funded for the remainder of the fiscal year.
25:46There is funding in the public works department salary budget line to cover the fiscal year 26 personal costs for this position, and the position is funded in uh 2027.
26:00Staff recommends Lively Court to start recruiting for this position and fund it from the public work salary budget line.
26:16I'm fine, thank you.
26:25I make a motion to authorize the human resources office to start recruitment for the engineering project manager to position and approve utilizing public works department salary budget line to cover the FY 2026 personnel costs of the engineering project manager to position.
26:45Motion by uh Commissioner Hertz, second by Vice President Scott.
27:05Madam President roll call reveals seven years.
27:09Let the record show seven years.
27:11Back to you, Commissioner Hertz.
27:15Number two is a proposed contract user state of Delaware, Dem Rec Division of Fish and Wildlife, Little Creek Wildlife Area Property.
27:23Um C S D D 1 slash Little Creek area.
27:28Turn it over to you, Sam.
27:30Thank you, Commissioner.
27:31The engineering division received a request for county sanitary sewer service from the State of Delaware Denk Division of Fish and Wildlife for their property located at 1318 Bayside Drive, south of the town of Little Creek.
27:45The proposal is for institutional and governmental uses.
27:48The proposal was approved by the sewer advisory board in July 2025.
27:53The proposed sewer system will require gravity mains, grinder pump stations, a small diameter of forest mains connecting to the existing gravity main at the closest manhole in Little Creek.
28:07The existing downstream pump station, which is pump station number 29A, will need improvements to the pumps and controls at the state's expense as aid in construction fees.
28:18The flows from the Kent County Little Creek area discharge to the City of Dover sewer system at their Lafferty Lane area.
28:27The City of Dover has indicated that the proposed additional flows will have a minimal impact on their sewer system.
28:34The applicant has accepted these requirements and findings.
29:07Angel, any questions?
29:13Looking at the map here, in the sense it's my district too and carries.
29:20Is it any annual reason this is Denrect needs for a special wildlife area?
29:28And that's all it's for.
29:31The building is for it's institutional.
29:35It's also kind of educational in use.
29:44I'm having a hard time placing it, even though I got the map in front of me because it's in a fairly secure secure area.
29:53If I if I look at this right, so I just want to make sure.
29:59Any other questions?
30:03Back to you, Commissioner Hertz.
30:07I move to approve the contract user agreement for the State of Delaware, Demrec Division of Fish and Wildlife for the County to provide sewer services to the department.
30:18Correction to Delaware Bay Side Byway Little Creek Land Development Property and authorize the President of the Levy Court to execute the contract user agreement.
30:31Motion by Commissioner Hertz, second by Vice President Scott.
30:42Yes, I thought I seconded that, but okay.
31:01Madam President roll call reveals six G's, one abstaining.
31:06Let the rector chose six shades and one abstain.
31:10Back to you, Commissioner Hertz.
31:12All right, number three, biosolids capacity expansion project, contract two, change order number four, M2 construction.
31:21Staff is requesting approval of change order number four under contract two for the biosolids capacity expansion project.
31:30The change order is for additional storm drainage piping, grading, and roof drain piping and associated restoration costs for better stormwater management on the site.
31:40The cost for this portion is 120,817.04 cents.
31:47In addition, the exterior walls of the control and electrical building will be changed from brick um brick and cement block walls to colored split face architectural block to match the adjacent uh maintenance garage exterior.
32:05This is resulting in a credit of 63,300.
32:10So the uh overall change order is in the amount of $57,517.
32:17There are sufficient funds in the project budget available for this change order, and staff recommends its approval.
32:39I move to authorize Levy Court to approve change order number four for the biosolids capacity expansion projects, contract two with M2 construction and amount of $57,517, and authorize the President of Levy Court to sign a change order documents.
32:59Okay, we have a motion.
33:00Do we have a second?
33:02Motion by Commissioner Hertz, second by Commissioner Pepper.
33:25Madam President, roll call reveal seven years.
33:28Let the record show.
33:34Back to you, Commissioner Hertz.
33:36Last but not least, award of residential trash collection services contract FY26 to FY29.
33:45Thank you again, Commissioner.
33:48Weekly garbage and recycling collection services provided for all county formed garbage collection districts.
33:55Certain districts also have weekly yard waste collection.
33:59Yard waste collection has traditionally been provided seasonally from the from the first full week of April through the last full week of December, plus Christmas tree collection in January.
34:11The services for two zones are currently provided under contracts with Casella and Republic.
34:18The existing contracts were extended to May 31st, 2026.
34:24With the contract close to expire.
34:26Close to close to expiring.
34:30An invitation to bid for the trash collection services, June 1st, 2026 to May 31st, 2029 contract was publicly advertised in the Delaware State News on February 20th and 25th, 2026.
34:44On March 4th, there was a mandatory pre-bid meeting and was attended by the two haulers, Casella and Republic.
34:52And we received bids on March 23rd.
35:00Each bidder provided unit prices, unit bid prices for each contract year for the list of services as well as the three-year total bid price based on the estimated number of customer pickups and service types.
35:14Based on the some bid uh submitted bids and current operations, Casell will retain the same zone and Republic will retain what we call zone B.
35:23There is growth in the county, and the numbers in both zones will increase.
35:28Typically, yard waste collection occurs in certain districts for 42 weeks.
35:33However, during the winter month, yard waste is suspended.
35:37It was brought to staff's attention that during the winter storms, additional yard waste, such as broken tree limbs and leaves are generated.
35:45It was recommended that a week in January and a week in February be designated for yard waste pickup with special advanced notice to be provided to our customers.
35:57Staff proposes that yard waste collection to begin from the middle of March to the middle of December of each year and include one pickup in January and one pickup in February in this new contract.
36:10Staff recommends Levy Corps to award the fiscal year 20 2026 to 2029 trash collection service contract from June 1st, 2026 to May 31st, 2029, with up to 44 weeks of yard waste collection to waste industries of Delaware, Inc.
36:32uh doing business at Catilla, and BFI waste services, LLC doing business as Republic Services with two one-year renewal options.
36:43And with that I can answer any of your questions.
36:48Yes, I have a question.
36:50I'm sorry, Commissioner Hall.
36:55Um so with the extra week that they have to put out their three limbs and and waste.
37:03Um I know the area I live at, um cities across the street, they have weekly pickup every week, and there's lots.
37:11And during this last one, uh I would say it took up all all the road on the opposite side that we're only one car could get down.
37:19So what size waste will you be picking up?
37:22Is there is there a maximum size for yard waste then?
37:25Or is it they can put anything out there, then we'll just take it.
37:29It's the um it would be the bin that is provided by the county.
37:34So it would be that size bin.
37:41The uh the green waste bin.
37:45But broken branches sometimes have to be they're so big you can't break them.
37:49They have to be sawed.
37:50They would be sawed and that's correct, uh, Commissioner.
37:54It would have to be um, you know, part of the uh requirements as stated on the um uh we send out a flyer that shows how to bundle your broken um branches.
38:09So they would uh customers would have to comply with that requirement.
38:15So no tree stumps or anything like that then.
38:25Any other questions here?
38:28Thanks, Madam President.
38:30Um I suggested this uh to Sam based on feedback from my communities who said that it's there's a need for some yard waste pickup in the winter months.
38:53And um, you know, going from November to February is just too much.
39:00So, you know, and as Sam said, there's some flexibility here.
39:05And um, I applaud him looking into that, and I certainly uh support this.
39:16Any other questions?
39:19Yes, Madam President, I'd like to add on to that too, please.
39:23Um during the tornado season, we were where the county provided dumpsters for the people so they could get their waste there, and we were out helping.
39:33I know Commissioner Sweeney, uh Pepper and myself, we were trying to help the people during that time frame.
39:42And all I can say is I wish we could do something where we could during the winter months, we have a weekly pickup of yard waste because it takes time for them to cut, get it ready.
40:00And usually when you're storing that stuff around your house, you're actually damaging your your own yard and and grass and stuff.
40:05I know it sounds silly, but uh having dealt with it for many years and watched it, uh I think we're really missing the boat when when the people need that extra pickup during the winter months.
40:23Um just to echo Commissioner Angel's comments.
40:28Um I'm not sure there's actually a week where many of our residents couldn't appreciate an extra yard waste pickup.
40:42So the folks I talked with asked for at least a once a month, if not twice a month.
40:49I could go once a month.
40:51I I don't know what the cost would be.
40:55But uh I support his comments.
41:01Yes one more, please.
41:03And I I thank uh Commissioner Hall for that.
41:05But even if we do on a recycling day every two weeks.
41:10So we have a a uniform time frame, recycling and yard trash.
41:14Something that would people could remember that by easily if we if we can't do it weekly, just as as uh another way of throwing something out there.
41:35I move to award the FY 2026 to FY2029 Trash Collection Services contract from June 1st, 2026 to May 31st, June 29, with up to 44 weeks of yard waste collection to waste industries of Delaware Incorporated, DVA Casella, and BFI Waste Services, LLC, DBA Republic Services Incorporated, with two one-year renewal options and authorized further contract negotiations by the public works director as necessary, and authorize the President of the Levy Court to sign the associated contract documents subject to the county attorney's concurrence.
42:22Do we have a second?
42:25Motion by Commissioner Hertz, second by Vice President Scott.
42:48Madam President, roll call.
42:51Let the record shows seven years.
42:54Do we have any information items?
42:59Angel, any information items?
43:01We have our DAC meetings at uh this week at uh Roma's at 5 30.
43:10Commissioner Angel, I think that may be subjective to change.
43:16Am I correct, Commissioner Sweeney?
43:19Tracy sent an email today saying that they didn't have a quorum, so it might be switched to a virtual meeting.
43:30Commissioner Sweeney.
43:31Um this point in time we open it up for public comment.
43:36Anyone here like to comment?
43:41For our guests joining us online, if you would like to make public comments at this time, please indicate by raising electronic hand or pressing star three if you're joining us by phone.
43:52I see no hands raised online for public comment at this time, Madam President.
43:56Any commissioner comments?
44:04Have any Commissioner comments?
44:07Just glad to be there.
44:10We don't have an executive session this evening.
44:12Do we have a motion to adjourn?