To anyone giving testimony during a public hearing.

We ask that public comments relate to the subject announced by the president.

In addition to public hearings, there are two public comment periods.

One at the beginning of the meeting for agenda items and one near the end of the meeting for general comments.

This meeting is being recorded and will follow the rules and procedures adopted by Levy Court as well as the Mason Rules of Order.

Back to you, Madam President.

Thank you.

We'll have invocation by Commissioner Hertz.

Pledge allegiance by Commissioner Hall.

Moment of silence for our troops and first responders.

Commissioner Sweeney, all rise.

All right.

Please remain standing for a moment of silence for military, law enforcement, firefighters, paramedics, and other first responders who have given their lives in the line of duty.

Please remember these individual first responders who died in line of duty, as well as keeping their families in your thoughts and prayers as they deal with the loss of their loved ones.

Police Officer Dylan Owen from the Citronel Police Department in Alabama.

Sergeant Joseph Apadaka from the Taos County Sheriff's Office in New Mexico.

Firefighter Thomas Kelly from the New Haven Fire Department in Connecticut.

Engineer Stephen Decker from the Chicago Fire Department in Illinois, and Firefighter Andrew Cross from the Marrill Volunteer Fire Department.

Maine.

Thank you.

Mr.

Naka, roll call, please.

Mr.

Angel.

Present.

Mr.

Hall?

Present.

Mr.

Hertz?

Here.

Mr.

Pepper.

President.

Mr.

Scott?

Here.

Mr.

Sweeney?

Here.

Mrs.

Maston.

Here.

Madam President, roll call.

Reveal seven present.

At the road call roll call show, we have seven commissioners present.

Motion to adopt the current agenda.

So move, Madam President.

We have a second.

Second.

We have a motion by Vice President Scott, second by Commissioner Angel to adopt the current agenda.

Any questions?

Roll call.

Mr.

Angel.

Yes.

Mr.

Hall?

Yes.

Mr.

Hertz?

Yes.

Mr.

Pepper.

Yes.

Mr.

Scott?

Yes.

Mr.

Sweeney?

Yes.

Mrs.

Maston?

Yes.

Madam President, roll call reveal seven years.

Let the record show seven yes to adopt the agenda.

Next on the it list is consent agenda 2609.

Need motion.

So move, Madam President.

We have a second.

Second.

Second.

We have a motion by Vice President Scott, second by Commissioner Pepper.

Any questions?

Roll calls.

Mr.

Angel.

Yes.

Mr.

Hall?

Yes.

Mr.

Hertz?

Yes.

Mr.

Pepper.

Yes.

Mr.

Scott?

Yes.

Mr.

Sweeney?

Yes.

Mrs.

Maston?

Yes.

Madam President, roll call reveal seven years.

Let the record show we have seven Yes for the consent agenda twenty-six oh nine.

Commissioners, down front, please.

Thank you.

First on the agenda will be Commissioner Hertz.

Thank you, Madam President.

Tonight I'm honored to uh present a tribute from Kent County Levy Court to Miss Nicole Krembeck, 2026, Delaware Rural Small Business of the Year.

The Kent County Levy Court proudly congratulates Mrs.

Nicole Krembach on being named inaugural 2026 Delaware Rural Small Business of the Year by U.S.

Small Business Administration.

This remarkable achievement reflects the leadership, entrepreneurial vision, and deep commitment to serving the agriculture community of Delaware Peninsula.

As owner of Insights Ag Scouting L L C Ms.

Krembeck has built a trusted, respected presence in the farming world through her independent corp scouting and field data services.

Though her work equips farmers with timely, accurate insights on crop health, past pressures, crap pressures, nutrient seeds and field conditions, empowering them to protect their crops, strengthen their yields, and enhance their overall product productivity of their operations.

Her dedication is directly supports the agricultural backbone of Kent County and her control contributions ripple throughout the region's economy.

What truly designates Ms.

Crombeck is her hands-on approach, genuine connection to the land and the people who tend it.

Her practical experience and close partnerships with local growers embody the spirit of Delaware agriculture rooted in hard work, innovation, and commitment to sustaining rural communities.

Through her service, she preserves traditions while embracing modern practices that ensure the continued vitality of our farming heritage.

The SBA's recognition highlights not only her business success but the essential role that small agriculture enterprises play in safeguarding our nation's food supply and enriching the economic health and of our communities.

On behalf of Kent County, we extend our heartfelt congratulations and deep appreciation to Miss Nicole Krembeck, her integrity, dedication, and passion for supporting local farmers and make her a true asset to our county and the broader agriculture community.

We celebrate this well deserved honor and wish her continued success in all years to come.

And it's signed by all seven commissioners.

That's impressive.

Thank you.

There you go.

Commissioner Pepper, comments?

Yeah, congratulations, Nicole.

Um I I have a question for you.

How many other folks like yourself do the same thing that you do in Kent County?

Oh uh independent agronomists, there's at least six that I know of off the top of my head.

Um not many of them are using the advanced technologies that we've integrated.

Yeah, I that that was a number that I had in my head as well.

And um to be recognized above the rest of them and and the rest of them that I do know uh very competent um school people and uh to be chosen above those folks is quite an honor.

So congratulations.

Thank you.

Commissioner Angel.

Yes, uh Nicole, thank you very much.

Uh your remarkable achievements uh definitely reflect your leadership and your vision and your deep commitment to uh the agricultural community, which is our heartland of Delaware.

And without that, our food prices would be going higher, and we wouldn't be saving as many farms if we're trying to save.

So thank you for that.

Nicole, congratulations on the job well done.

Uh, and to be one of only total of seven, and to be up here for the inaugural uh award says a lot about you.

Congratulations again.

Thank you.

Nicole, thank you for all your efforts, your energy, staying ahead of uh cutting technology with uh some of the stuff you're using.

Um I think it was already mentioned a couple times before about protecting agriculture, and that's it's near and dear to many people, and some of them don't even realize it.

But we have to do everything we can to kind of give uh agriculture a leg up.

So thank you.

Nicole, congratulations.

This is uh a very nice recognition.

We know who you're up against.

It's not just those six other individual entrepreneurs.

You're up against the 4 Hers, you're up against the cooperative extension.

You know, there's a lot of other government agencies that you compete with and to be recognized as one of the best in the independence.

Congratulations.

You deserve it.

Yeah, again, correct congratulations.

I'm glad to Dave Marvel that he brought this to my attention and uh we were able to honor you tonight.

Yep, your contributions um for the county where it is so important our agriculture.

Um really appreciate all your efforts.

You want to speak?

Oh, you get to smart.

You can speak again.

Not a fan of the microphone.

Um the connections that I've made since starting the business and um participating in lead Delaware was a big part in um uh kind of stoking or giving me fuel for the business and and the networking connections and confidence, um, and then also winning the um edge grant um this past fall has allowed me to invest um and a lot of uh equipment that has really um allowed for substantial growth this year.

Um we uh compliment and support uh a lot of our cooperative extensions and hope to do that for our independent agronomists as well as our farmers.

Thank you guys.

This is a true honor.

Well deserved.

Thank you.

One more three.

See the next item on our agenda is resolution 4171.

Resolution supporting the creation of a Greater Dover Museum.

Mr.

De Prima and Could you come forward, please?

I didn't know we were doing all this.

Kent County Levy Court is very uh proud to read the following resolution to you supporting the creation of the Greater Dover Museum.

Whereas Kent County Levy Court recognizes and values the rich history, culture, and natural heritage of Kent County and the City of Dover and nationally significant contributions made by the citizens of Central Delaware and whereas the Friends of Old Dover Incorporated have amassed an extensive collection of historical documents and memorabilia that are currently housed in limited space and have proposed the creation of an independent nonprofit organization to be known as the Greater Dover Museum Incorporated for the purpose of preserving, expanding, and displaying these collections while supporting educational programming and whereas the proposed Greater Muse Dover Museum Incorporated would be governed by a board of directors representing county, government representing community, governmental, educational and historical organizations interested in preserving and promoting the history of Central Delaware, and whereas the Friends of Old Dover have requested formal support from Kent County Levy Court for this important endeavor.

Now, therefore, be it resolved that the Kent County Levy Court does hereby endorse and supports the creation of the Greater Dover Museum Incorporated as an independent nonprofit corporation dedicated to preserving and promoting the history and heritage of Central Delaware.

And be it further resolved that upon request that the president of Kent County Levy Court or designee may serve as a representative on the board of directors of the Greater Dover Museum Incorporated, signed by myself, Joanne Manson, along with Robert Scott, Alan Angel, Jeff Hall, Paul Hertz, Terry Pepper, and Jody Sweeney.

Could I get a motion to accept resolution 4171?

So move Madam President.

We have a resolution requested by uh Vice President Scott and second by Commissioner Pepper.

Any questions on the motion?

Roll call.

Mr.

Angel.

Yes.

Mr.

Hall.

Yes.

Mr.

Hertz.

Yes.

Mr.

Pepper.

Yes.

Mr.

Scott?

Yes.

Mr.

Sweeney?

Yes.

Mrs.

Maston.

Yes.

Madam President Roll Call reveals seven yes.

Let the record show.

We have a vote of seven.

Yea, stakes up resolution 4171.

Thank you so much.

Thank you.

Well, uh, we weren't expecting this, so thank you for the presentation.

Uh, this will definitely find a spot in a very public place for us to start.

And uh, we just look forward to uh to the creation of this special focused nonprofit organization for the purpose of creating a greater Dover Museum.

And so we can't thank the Levy Court enough.

And we will be back in touch when it comes to forming the board, and we do hope that you, uh Madam President, uh will either join us on the board or uh designate somebody to to serve for the Levy Court.

So thank you.

Would you like to speak?

Well, just briefly.

It's a real honor to get this resolution from Kent County and to receive your formal support, and we look forward to working with you and sharing the many, many stories of Greater Dover.

Thank you both.

Well deserved.

Thank you both.

Sam, I believe you have the employee of the month.

Yes, I do.

Mike.

Good evening, Madam President, Vice President President, and Commissioners.

I have the honor of introducing you to Michael Harrington, who is Kent County's uh 2026 June employee of the month.

Um Kent County Park Department has half selected Mike Michael Harrington from the Department of Public Works Engineering Division as the June 2026 employee of the month.

Michael currently holds the position of utility construction coordinator, having joined Kent County in October 1997.

He began his 28 years years of service with Kent County as an engineering technician, promoting to promoted to Engineering Technician 2 in 2000, again to Engineering Technician 3 in 2006, to the maintenance supervisor in 2009, and ultimately landing as the Utility Construction Coordinator in 2010.

His dedication, steadfast determination and commitment to excellence have made him a lasting impact on both his department and the county as a whole.

In his current role, Michael supervises a team of three engineering technicians and coordinates daily work schedules and projects with his staff, contractors, and state agencies.

He performs daily inspections of sanitary sewer connections, force mains, pump stations, and gravity lines to ensure the integrity and efficiency of the county's infrastructure systems.

Because of Mike's extensive knowledge of the sanitary sewer system, he has the developed strong working relationships with Dell DOT and local developers.

His experience, professionalism, and problem-solving abilities have made him a trusted resource within the engineering division and throughout the county.

Michael's willingness to share his expertise, support his team, and consistently go above and beyond demonstrates the leadership and dedication that embodies the spirit of Kent County employees, um employee of the month recognition.

According to myself, I'll bring this quote into the record.

Mike is dedicated to the people of Kent County and is personified in his strong worth ethic.

We congratulate him on his well-deserved recognition and thank him for his continued commitment and outstanding service to the residents of Kent County.

And Mike, congratulations.

Thank you.

Come on, Sam.

Come on.

Commissioner Pepper, comments.

Congratulations, Mike.

It's uh folks like you to make direct house like the court commissioners look good.

So keep up the good work and keep up the great teamwork.

Commissioner Angel.

Yes, thank you for your dedication, especially in the teamwork division too, because you do make us look good.

And uh thank you for your hard work and due diligence and your education moving up that ladder.

Watch out, Sam.

Mike, every department has that one cog that knows everything, has got their fingers in everything.

I think Sam just described you two at T to that cog.

Congratulations on this recognition.

You deserve it.

Yeah, Michael, thank you.

I mean, a lot of years of loyalty and dedication and continuously moving forward.

So I know the uh Levy Court respects and appreciates everything that you do for us as well as the residents of Kent County.

So thank you.

Congratulations, Michael, on your achievement.

There's a lot of work going on down to the planet to make us even bigger and better.

And we definitely need people who have the skill set that you have, and certainly 28 years of experience as a lot.

So congratulations and keep up the great job.

Well, the bad thing about being on this side, everybody's all said all the good stuff.

So all I can say is congratulations for a job well done.

Thank you.

Yeah, congratulations on uh a long career and everything that you've done for us and appreciate the hard work down there because it's so critical to so many people in the county.

Again, my congratulations on behalf of all the county employees.

It's quite a recognition to get uh recognized as employee of the month, and hopefully at the end of the year you'll get that big paycheck.

Your turn.

I don't know.

I don't know why I'm sweating.

I mean, I'm just just uh uh nervous, I guess, but I figured I'd come to receive this.

Um I've only had it one other time in 28 years.

Um but unfortunately uh I'll be here again next month for my retirement resolution.

So thank you very much.

Um it's been a pleasure, uh, and I can't say you know enough about the team that we have, and it's not just public works, it's all the employees as a whole that make the team and everything in Canada County work.

Thank you again.

All right, thank you.

At this point, we will begin our public hearing.

First one on the agenda, Commissioner Hall.

Uh thank you, Madam President.

I'll ask Ms.

Kiefer to give us her overview.

Good evening, Commissioners.

Before the first item, just a word about how the hearings tonight will be conducted.

This public hearing is being conducted for the purpose of giving the citizens of the county the opportunity to present testimony on the applications before the levy court.

Everyone will have an opportunity to speak.

All statements are to be made from the podium at the front of the room.

For the record, please give your name and address.

Copies of any written statements or exhibits used during the hearing should be presented for identification and inclusion in the record.

For each application before the levy court, president will introduce the application.

Then the levy court will receive testimony from all of those in favor.

Testimony will then be received from those who may be opposed.

After everyone has had an opportunity to speak, the hearing on the application will be closed, and the levy court will take what action it seems appropriate.

Levy Court's decision will be based upon public hearing testimony given at this meeting, and a recommendation submitted to the levy court by the Regional Planning Commission.

I would ask that that recommendation be included by reference in the permanent record of the meeting established by the Clerk of the Peace.

The public notice of this hearing was published in the May 6th, 2026 edition of the Delaware State News.

The first item before you this evening is ordinance LC2603 water supply facilities.

As we discussed a few weeks ago in workshop, this ordinance is primarily housekeeping.

It's designed to bring into alignment Table 101 water supply with Table 102, the sanitary sewer requirements.

And I am happy to answer any questions you might have.

Any commissioners have uh questions for Ms.

Keeper?

Okay, at this point, I would ask anyone who would like to speak in favor of ordinance LC 2603 water supply facilities to step forward, please.

For our guests joining us online, if you would like to speak in favor of ordinance LC twenty six zero three, please indicate by raising electronic hand or pressing start three if you're joining us by phone.

I see no hands raised online, Madam President.

Is there anyone here who would like to speak in opposition to ordinance LC 2603 water supply facilities?

Please step forward.

Similarly, if you're online and would like to speak in opposition to LC2603, please indicate by raising electronic hand or pressing star three if you join us by phone.

Still no hands raised online, Madam President.

Thank you.

Back to you, Commissioner Hall for a motion.

Thank you, Madam President.

I move the levy court approve ordinance LC 26-03 water supply facilities to align with the provisions of Table 101, water supply facilities with table 10-2 sanitary sewer requirements and require central water service with fire protection for all major subdivisions with 11 lots or more.

Second.

Roll call.

Ms.

Strangel.

Madam President.

Madam President.

I had a question.

I couldn't get couldn't get to the AMU quick enough.

So does this mean fire protection will be mandatory then for all homes to have fire service water service now?

No, that does not change our current process.

Okay.

Okay.

Mr.

Angel.

Yes, as as stated.

Mr.

Hall?

Yes.

Mr.

Hertz.

Yes.

Mr.

Pepper.

Yes.

Mr.

Scott?

Yes.

Mr.

Sweeney?

Yes.

Mrs.

Maston?

Yes.

Madam President roll call.

Reveal seven yes.

Let the record show seven years for ordinance LC 2603.

Moving on to the next item on the public hearing.

Commissioner Sweeney.

Thank you, Ms.

Kiefer.

Thank you, Commissioner.

The next item, CS2603 is a conditional use site plan for a water tower.

The site is within the Gerald Ridge subdivision.

The area of petition is just about a third of an acre.

It is zoned AR, Agricultural Residential.

The Regional Planning Commission voted unanimously to recommend conditional approval, citing that indeed it is permitted by the zoning ordinance, and the plan complies with all of the conditions of approval as detailed in the Planning Commission report.

So again, this comes with a unanimous recommendation for approval.

I'm happy to answer any questions you might have.

Questions for Ms.

Keeper.

Okay.

Thank you.

Thank you.

This point I would ask anyone who would like to come forward to speak in favor of CS 2603.

Tide Water Utilities, Gerald Ridge.

Gerald Ridge, please step forward.

Good evening.

My name is Charlie Barnett.

I'm with Morrison Ritchie Associates.

111 Ruth R.

Drive, New York, Delaware.

Mr.

Richie D Square affirm that the testimony you're about to give is the truth.

I do.

Good evening.

Here to speak tonight on behalf of this project and my client Toddwater Utilities.

Speak of the elevator storage tank that uh the conditional use plan before you here.

Give me a little background.

This project is located on the north side of Fire Tower Road, just outside of Ola.

As Ms.

Keefer stated, it is part of it's within a proposed 85 residential lot subdivision.

That subdivision uh has preliminary plan approval from the planning commission in September of last year.

Uh the location of the elevator storage tank was shown as part of that plan, and um it has not changed since we showed it at that time.

Uh, you can see here on the screen.

Um, right here is where it's being looked, is where it is proposed to be located within the entire subdivision.

Um the subdivision is surrounded on the left side by Rivadale States subdivision here.

Uh also um the uh mobile home park uh just adjacent to it, also to the west.

To the north is Hudson Branch, a stream with um agricultural and wooded properties to the north side on the other side of it.

This property here uh where the highlighter is now is also a solar facility that is under construction.

And the Norfolk Southern Railroad is just to the east off the edge of the screen here.

Uh as stated before, the the plans due uh comply with all the requirements of the conditional use in the code.

Um it has gone before the Board of Adjustments in April and was granted um variances for the height and the size of the lettering on the storage facility.

And then it did go back, it did go before the planning commission earlier this month, where it uh received unanimous approval uh from all of those members.

The one condition uh required by code for a facility such as this in this zone is that uh it's set back to all of the uh lot lines and nearby property lines has to be at least uh equal to or greater than the height of the facility.

The facility we are proposing is 137 feet high.

The nearest proposed lot is right here, and its property line is 140 feet away.

Uh the next nearest lot is 142 feet away.

The nearest adjoining property uh line is to the east here and goes up against the agricultural uh and wooded area.

That's 208 feet away from the elevated storage tank, and then the nearest uh property line to the west up against that residential subdivision is 357 feet away.

So uh just showing that we do comply with all those requirements.

Uh I did want to point out that this elevated storage tank uh is uh important to Tidewater's overall distribution system.

It is not um a requirement just for the subdivision, even though it's located within the subdivision.

Um it is actually uh being proposed uh to provide uh adequate drinking water to all of their existing customers and future customers within this area, as well as making sure that they can provide adequate pressures for uh fire systems and um our first responders in the event of a fire in the nearby area.

Uh we put together this uh graphic here to show approximately what that uh elevated storage tank would look like from Fire Tower Road.

It's uh over a thousand feet away from the road.

Any passers by obviously this uh field in front of you would have residential homes in the future, but uh as you can see it's kind of tucked back in the wood line and um quite far away from other activities and and passers-by.

This map here just kind of shows an overall the central part of Kent County and some of the existing uh elevator storage tanks that are already in service or soon to be in service within the area uh of Kent County.

Um we have two blue ones being shown.

Those have been approved fully uh but have yet to go undergo construction.

Uh the ones in red are uh existing tanks that are in use, and this one down uh here on the very south end, Carpenter's Bridge tank has been approved and is currently under construction, just not fully operational yet.

And then here in black, you can see the Jural Ridge tank that we're talking about tonight, kind of fills in this southwest corner of the county uh and the distribution area to like I said, help holster that system.

Here's a couple images of elevated storage tanks within Kent County that have had to go through the same process and gotten similar approvals just to kind of show that we are within the character and um ongoing practice of providing these types of facilities for the residents in the area, and then here are some other tanks that while not in Kent County proper are located within Kent County but within municipal or other districts that uh are within the area.

It's the only information I have.

If you have any questions for me, be glad to answer them.

Mr.

Sweeney, thank you, Mr.

Burnett.

The um Riverdale States, which is directly west of this Gerald Ridge property.

Is that also a tide water community?

I don't believe it is at this time.

Correct.

But they are not required to switch the tide water as part of some um underground requirement where tide water owns the rights to underground water at this location, correct?

They do no.

They don't that is correct.

So you're pretty much landlocked to the east, to the west, to the north, and almost to the south.

Where else would this tower provide water for in that region?

Right there.

So there's an existing uh tidewater uh water main that ends right about there where my cursor is.

So it's part of the residential project, which which is towers going to be built at the same time.

Uh that water main is going to be extended down into the subdivision throughout the subdivision and then uh connect to that tower.

So this will enable them to expand further to the west as well as like I said, bolster the existing facilities that they already have in place.

So there's not going to be a well at this location.

The actual well is located somewhere else.

Correct.

And you're just running a pipe to this location and putting it up at 137 feet to be able to provide the gravity.

Absolutely.

Correct.

And there's no requirement for Riverdale Estates to just want to get that on the record, or anybody in the town of Viola to switch to away from any type of on-site.

As far as I know, that's correct.

Okay.

All right.

That's all I had.

Thanks.

Mm-hmm.

Vice President Scott.

Thank you, Madam President.

Mr.

Bernetta, just pretty much somewhat what the Commissioner Sweeney was just asking.

By putting this tower there, it's not going to give you any kind of rights to other properties as far as water rights or anything, correct?

It has nothing to do with that, correct.

Okay.

Any other questions?

Commissioner Hertz?

Yeah, I got one.

So you're saying you have no other rights to these other properties, but wonder if their well goes bad.

Do they now have to hook in the tide water?

I'm I'm unsure of that.

The purpose of this tower, this is at the this is at the outreaching ends of Tidewater's existing infrastructure.

So think about the fact that you know this the water pressure in the existing line right here where my cursor is, has to be served by their other facilities further to the east and push water this way to get good pressure in that system.

So by being able to put this facility here, they can now that will apply pressure to the system and keep it good operating pressure on this far western, southwestern end of their facilities so that everything they already have will have better pressure to it.

It has it it is not involved with expanding further west at this time or incorporating any of those properties at this time.

What happens in the future other developments?

I can't speak to that.

Well, why I bring it up this actually pertains to Commissioner Sweeney, um, where his mother lives in old mill acres, tide water ran water, and his mother is on a well.

But which they were told that when that well, if that well ever goes bad, they must hook in the tide rotor.

Am I correct, Commissioner Sweeney?

We do very similar things with our sewer when we put sewer in.

A lot of times they don't have to hook up right away, but if that's if their fields fail, they have to hook up to our sewer.

There is nothing like that going on with tide water and any of the surrounding communities here, correct?

To the best of my knowledge, I'm not involved with anything like that.

You think we should table it until we find that answer out?

I mean there is a gentleman here, um, Mr.

Greg Corey with Tidewater Utilities that might be better to speak to that than myself.

That's fine because I know it happens in other areas.

Commissioner Sweeney's mom's one of them.

Um I put water many a water line in for tidewater, and I know that when they go by certain places, they don't have to hook up the tide water, but if their well ever runs out, they have to hook up tide water.

They can't drill another well because I guess there's some way the tide water can buy the water rights underneath the ground.

That's that's a question better suited for him.

Can we ask him to come up and bring him up?

Absolutely.

Greg Corey, Tidewater Utilities.

My personal address?

Excuse me, do you swear or affirm that the testimony you're about to give is the truth?

I do.

So uh with regards to uh well permits, Denrec governs that process.

And typically, if there is public water within 500 feet of a property, uh Denrec may not issue a well permit requiring the the resident to require to hook onto public water.

So these other houses that surround this at some point if their well goes out and they're within 500 foot of your line, they must hook up the tide water.

Well, so if you if you look at Fire Tower Road, and we would extend most likely into their entrance and through the subdivision to where to the tower where our water main would end, conceivably those houses that would be across the street within 500 feet, Denrick could require them per their regulations to hook the public water.

But uh like uh like Charlie said, that water main is already in that vicinity just before that entrance.

You're already laid as well.

So you're already laid across the front, is what you're saying.

And then you're just gonna go into the development as it's built.

That's correct.

There'll be a small extension west of a few hundred feet to get into that entrance.

But if you didn't put no more pipe in and them houses, wells went bad, they would be required to hook into your well, and that's already a done deal.

Correct.

If they were within 500 feet.

I mean, some people.

Yeah, that's true.

That is not a good question.

Okay.

Yeah.

Uh Mr.

Barnett did just bring up a point.

For us to provide water to the subdivision, that water main is going to be extended there, whether that tank is built or not.

So the requirement to serve by Denrec is a result of the water main, not the water tower.

Yeah, I get your point.

Yeah.

You're going to put the water main in whether we approved the water tower or not, so the pipes are going to be there.

So if their well goes dry, they're going to have to hook up to it.

So yeah, one doesn't have to do nothing with the other.

I'm good.

Any other questions?

Yep.

Commissioner Sweeney.

So where is the well for this?

Uh so this will be tied into our Camden district, which has facilities of as far east as Dover Air Force Base.

Um, as uh far north as uh Sheffield Farms and throughout the Camden district.

So that whole Camden district feeds into the same infrastructure of the water mains that go to all those locations.

That's correct.

Um there's not going to be any well.

My concern is for the rural community there, because if you look at the map, there's a lot of farms out there that water, you know, air uh irrigate their fields, and they put in deep wells, probably just as deep as tide water would have to put a well in in order to get to Piney Point.

So I just want to make sure that where it's coming from is not going to impact our rural community either.

And I know you guys, you had the rights, you were given the rights by DenREC to provide water here.

Um my concern was for the other communities.

You've got Summerfield Village, you've got uh Mount Vernon Estates, you've got Plymouth Village, you have uh Riverdale states.

I don't want them say, or maybe you can weigh in here.

Is there any requirement for those surrounding communities to have to hook up to a centralized water system if they're on-site well fails?

It's Denwick.

Just as it's that I know.

But do we know about the subdivisions that are in King County?

Does Denwick require any of those communities to connect to a centralized water system as opposed to on-site well that we know of?

Can we I know Denwick doesn't.

I don't want to push the can down the road and say it's all DenEC.

We don't have anything to do with that.

We do have something to do with it.

We do not govern it.

We certainly do for any new subdivision has to be hooked to public water.

Right.

That's any new post-2003 subdivision.

Anything pre-existing, if a well fails, we don't issue those permits.

That's entirely Denrec's call.

Okay.

Thanks.

Any other commissioner questions?

Thank you.

Thank you.

Is there anyone else here who would like to speak in favor of CS 2603 tidewater utilities, Cheryl Ridge?

For our guests joining us online if you'd like to speak in favor of CS 2603, please indicate by raising electronic hand or pressing star three if you join us by phone.

You know, hands raised online, Madam President.

Is there anyone here who would like to speak in opposition to CS 2603 Tidewater Utilities, Gerald Ridge?

Similarly, if you're online and would like to speak in opposition to CS 2603, please indicate by raising electronic hand or pressing star three.

Still no hands raised online, Madam President.

Back to you, Commissioner Sweeney.

Thank you, ma'am.

Um I move that the levy court grant conditional approval of application CS 2603, a conditional use site plan approval of a water tower located inside the gross zone overlay district.

This is based on exhibit A.

Staff recommendation report dated May 7, 2026, exhibit B, public hearing testimony dated May 7, 2026 at the RPC.

Also the public testimony offered by the representative and the applicant tonight to Kent County Levy Court and the findings of fact that A, the subject site is zoned AR, and 205-53 zone code permits water towers as a conditional use.

The site plan complies with all applicable conditions of approval as detailed in the staff recommendation report.

We have a motion, Commissioner Sweeney.

Second by Commissioner Angel.

Any questions?

Yes.

Roll call.

Mr.

Angel.

Yes, all reasons stated by Commissioner Sweeney and no opposition.

Mr.

Hall.

Yes, per staff and RPC recommendations.

Mr.

Hertz.

Yes, per staff recommendations.

Mr.

Pepper.

Yes, for staff recommendation and all previous reasons to approve.

Mr.

Scott.

Yes, based on staff and RPC's recommendation.

Mr.

Sweeney?

Yes, for my motion and to reiterate that the applicant and the representative assured us that no other communities would be adversely affected.

Mrs.

Maston.

Yes, reason stated.

Madam President, roll call reveal seven years.

Let the record show seven years for CS 2603 Tidewater Utilities, Gerald Ridge.

Moving on to Commissioner Pepper for ordinance LC2609.

Yes, this is an ordinance that was introduced on May 12th, 2026 for a public hearing tonight.

This is an ordinance authorized in the issuance of Kent County Delaware Economic Development Revenue Bond and an amount not to exceed $5 million for the benefit of Providence Creek Academy Charter School Corporation.

And this is to refinance prior bonds.

Is there anyone here who would like to speak in favor of ordinance LC 2609?

Please step forward.

For our guests to join us online, if you would like to speak in favor of ordinance LC2609, please indicate by raising electronic hand or pressing star three if you're joining us by phone.

I believe Emily Nynan might be online.

I'm not sure if she wants to speak.

If there are any, I I know I spoke last week and explained that there is no credit or obligation of the county to repay these bonds.

And so you're just here to facilitate Providence Creek getting the tax exempt rate.

And there's no limit on the number of bonds that you as a county can issue for nonprofit 501c3 organizations such as Providence Creek.

But I do see that Denise Stofer is has raised her hand as she's from the school.

And I think she will like to speak on behalf.

Okay, um, Ms.

Stofer, if you can unmute your line and give us your name and address and be sworn in by our attorney.

Denise Daufer, head of school, Providence Creek Academy, uh located at 273 West Duck Creek Road, Clayton, Delaware.

Ma'am, do you swear or affirm that the testimony you're about to give is the truth?

Yes.

Floor is yours.

Thank you.

Um first of all, being a part of this process has been amazing.

Thank you for all the time, energy, and resources that you as a levy court put into honoring our amazing county and making sure that all of its citizens are protected.

Um it is truly an eye-opening experience, and I cannot thank you enough.

As I've mentioned previously, this conversion of bonds is truly one to be fiscally responsible for the school.

We're incredibly excited to have this in front of you this evening.

And I'm also happy to answer any questions.

And I just want to thank you for all of your consideration.

I believe Lisa Moore, our board president, is also here to make a comment as well.

And thank you very much.

Okay.

You can unmute your line, give us your name and address and be sworn in by our attorney if you'd like to make comments at this time.

Hi, I'm Lisa Moore.

Um, the president of the Providence Creek Academy Board of Directors.

Address is 273 West Duck Creek Road, Clayton Delaware, 1993.

Ma'am, do you swear or affirm that the testimony you're about to give is the truth?

Yes.

You have the floor.

Thank you.

And good evening, and thanks for having us again.

Um I just wanted to reiterate that every dollar saved from this refinance goes towards the mission of providing a safe, nurturing and diverse campus environment for the students to learn from experiences beyond the traditional classroom setting and funds will help improve the experience of the child from curriculum enhancement, expanding extracurricular options to additional counselors or paraprofessionals to enhancing the environment in which they learn.

And thank you again for this opportunity.

I believe that those were the only two hands that was raised online at this time, Madam President.

Is there anyone?

Excuse me.

Is there anyone here who would like to speak in opposition of ordinance LC 2609?

Please step forward.

Similarly, if you're online and would like to speak in opposition to LC2609, please indicate by raising electronic hand or pressing star three if you're joining us by phone.

I see no hands raised online at this time, Madam President.

Thank you.

Back to you, Commissioner Pepper, for a motion.

Thank you.

I make a motion to approve ordinance number LC 26-09.

This ordinance authorizing the issuance of King County Delaware Economic Development Revenue Bonds and amount not to exceed $5 million.

For the benefit of Province Creek Academy Charter School Incorporated to refinance prior bonds, this would be effective immediately upon the approval and signing of this ordinance.

We have a motion by Commissioner Pepper.

Do we have a second?

Second.

Second by Commissioner Hertz.

Any questions?

Roll call.

Mr.

Angel.

Not voting.

Mr.

Hall?

Yes.

Mr.

Hertz?

Yes.

Mr.

Pepper.

Yes.

Mr.

Scott.

Yes.

Mr.

Sweeney?

Yes.

Mrs.

Maston?

Yes.

Madam President, roll call reveals six J's one not voting.

Let the record show six A's.

One not voting in favor of ordinance LC2609.

Public hearings are now closed.

Is there any public comment here on any item that was not covered by a public hearing?

Could you please state?

For our guests to join us online if you would like to speak, uh, make public comments at this time.

Uh please indicate by raising the electronic hand or pressing star three for joining us by phone.

Uh see no hands raised online for general public comments at this time, Madam President.

Thank you.

Uh moving on to new business.

Commissioner Angel.

Thank you, Madam President.

Uh after I read my statement, I need to step away from the diaspora for a few minutes.

Uh try and return as fast as I can.

Commissioner Angel, you may have accidentally muted yourself.

Am I on now?

Loud and clear.

Thank you.

Introduction ordinance, LC 2604, an ordinance repealing the current Kent County Code, Volume 1, Chapter 41, Ethics Code of and replacing it with Chapter 41 relating to ethics, post-employment restrictions and standards of conduct, and removing Chapter 68.

Personnel poly subsection 68-7, vacancies, recruitments, and appointments, paragraph H for public hearing on Tuesday, July 7, 2026 at 7 p.m.

Thank you.

Commissioner Hertz.

Thank you, Madam President.

Commercial Trav Service Contract Change Order Number 8, Republic Services.

I'll turn it over to Sam.

Thank you, Commissioner.

The item before you is uh the change order number eight with Republic Services for Commercial Trust Um service.

Um staff is exercising the second one-year extension with Republic Services.

Um we reviewed the change order.

Um the increase is approximately four percent, and it's consistent with the um increase with our um with our residential trash collection.

Um staff recommends its approval.

And that's uh I'll be happy to answer any of your questions.

Any questions for Sam?

Back to you, Commissioner Hertz.

Thank you, Madam President.

Move to approve change order number eight to the commercial trash collection services contract with BFI Waste Services, LLC, Republic Services, and the estimated amount of $61,700 with a unit price increase of 4% and a one-year contract extension until June 30th, 2027.

Increase in the total contract amount to 268,000 eighty-four dollars and sixty-eight cents.

Funds for services are budgeted in the annual budgets of the general fund and sewer fund and move to authorize the president of levy court to sign change order number eight.

Second.

Motion by Commissioner Hertz, second by Vice President Scott.

Any questions?

Roll call.

Absent.

Mr.

Hall?

Yes.

Mr.

Hertz?

Yes.

Mr.

Pepper.

Yes.

Mr.

Scott?

Yes.

Mr.

Sweeney?

Yes.

Mrs.

Mashton?

Yes.

Madam President roll call reveals six J's, one absent.

Let the record show six J's, one absent.

Back to you, Commissioner Hertz.

Thank you, Madam President.

Uh diffuser replacement services and disposals calls.

Take it over, Sam.

Yes, thanks again, Commissioner.

Um April 28th, 2026, Levy Court approved the sole source full search full source purchase of 936 uh Parks and Biolac defeaters, please.

The Department of Public Works is now requesting approval of the additional funding required for diffuser replacement services and disposal cost as referenced in the previous uh memo that we filled to levy court.

Per procurement requirements, public works issued a letter bid to six contractors for installation services and re received three responsive bids.

Clean and clean infusion LLC submitted the lowest responsible bid in the amount of 170,000.

Therefore, the public works department is requesting levy court to award this contract to clean infusion for diffuser replacement services in that amount.

Additionally, the department anticipates disposal costs for the removed diffusers to be approximately $60,000 to ensure proper handling and disposal of the used diffusers.

Both installation and disposal cost will be funded through the Department of Public Works Contingency Budget Line item.

And with that, I can answer any of your questions.

Any questions for Sam?

Back to you, Commissioner Hertz.

Thank you, Madam President.

And move to award the contract and authorize the issuance of purchase order to clean infusion LLC for the future replacement services in the amount of $170,000 and authorize the President of Levy Court to sign the associated contract documents subject to the county attorney's concurrence and move to authorize issuance of purchase orders for other contingency items such as disposal related to the diffusure replacement project.

Second motion by Commissioner Hurt, second by Vice President Scott.

Any questions?

Mr.

Angel.

Absent.

Mr.

Hall.

Yes.

Mr.

Hertz.

Yes.

Mr.

Pepper.

Yes.

Mr.

Scott?

Yes.

Mr.

Sweeney?

Yes.

Mrs.

Maston?

Yes.

Madam President Roll Call.

Reveal six G's.

One absent.

The record shows six A's, one absent.

Commissioner Pepper, on to you.

Yes.

I have a series of resolution introductions here to read into the record.

Uh this is for introduction only.

Uh for public hearing could be held on June 9, 2026 at 7 p.m.

The first item, resolution 4157, fiscal year 27 sewer assessment rolls.

Item two, resolution 4158, fiscal year 27, property tax rate.

Item three, resolution 4159, fiscal year 27, old mill acres suburban park district tax rate.

Item four resolution 4160.

Item five, resolution 4161, fiscal year 27, Eagle's Nest, Suburban Park District Tax Rate.

Item six resolution 4162, fiscal year 27, King County Disposal District number one, user rates.

Item seven, resolution 4163, fiscal year 27, Milford Library District Tax Rate.

Item eight, resolution 4164, fiscal year 27, Duck Creek, Library Tax Free, District Tax Rate.

Item nine, resolution 4165, fiscal year 27, Lake Forest Library District Tax Rate.

Item 10, Resolution 416, Fiscal Year 27, Caesar Rodney Library District Tax Rate.

Item 11, Resolution 4167, Fiscal Year 27, Capital Library District Tax Rate.

Item 12, Resolution 4168.

Command to the Director of Finance to collect sewer delinquent accounts by district as of March 31st, 2026.

Item 13, ordinance 2607, an ordinance adopting the annual operating budget for the King County Delaware for fiscal year beginning on July first, 2026 and ending June 30th, 2027.

And I have a further introduction.

Meeting room fee schedule for public hearing on Tuesday, July seventh, twenty twenty-six at seven p.m.

Those are my introductions, uh item one and item two, madam president.

Thank you.

I I don't believe we have executive session this evening.

Is there any information items from any commissioners?

Any public comment?

Any commissioner comments?

Meeting is adjourned.