Kent County Levy Court Meeting - May 26, 2026
Kent County Levy Court Meeting - May 26, 2026
The Kent County Levy Court convened on May 26, 2026, at 12:15 PM. The meeting opened with an invocation, pledge of allegiance, and a moment of silence for first responders who died in the line of duty. All seven commissioners were present. The agenda and consent agenda were approved unanimously.
Consent Calendar
- Approved Consent Agenda 2609 unanimously (7-0).
Presentations & Recognitions
- Nicole Krembeck Recognition: Commissioner Hertz presented a tribute from Kent County Levy Court to Mrs. Nicole Krembeck, named the inaugural 2026 Delaware Rural Small Business of the Year by the U.S. Small Business Administration. Mrs. Krembeck owns Insights Ag Scouting LLC, an independent crop scouting and field data service. Commissioners praised her leadership, use of advanced technology, and commitment to agriculture. Mrs. Krembeck acknowledged connections made through Lead Delaware and an EDGE grant that fueled her business growth.
- Resolution 4171 – Greater Dover Museum: The court unanimously passed (7-0) a resolution endorsing the creation of the Greater Dover Museum Incorporated, an independent nonprofit to preserve and display historical collections of Central Delaware. The resolution authorizes the Levy Court President or designee to serve on the museum's board.
- Employee of the Month – Michael Harrington: Michael Harrington, Utility Construction Coordinator in the Department of Public Works Engineering Division, was recognized as the June 2026 Employee of the Month. He has served Kent County for 28 years, supervising a team of three engineering technicians and coordinating sanitary sewer inspections. Commissioners commended his expertise, professionalism, and dedication.
Public Hearing: Ordinance LC2603 – Water Supply Facilities
- Overview: Ordinance LC2603 is primarily housekeeping, aligning Table 101 (water supply) with Table 102 (sanitary sewer) requirements. It mandates central water service with fire protection for all major subdivisions of 11 lots or more.
- Testimony: No public speakers for or against the ordinance.
- Vote: The ordinance passed unanimously (7-0). Commissioner Angel voted 'yes' with the clarification that fire protection requirements remain unchanged.
Public Hearing: CS2603 – Conditional Use Site Plan for a Water Tower (Gerald Ridge Subdivision)
- Application: Tidewater Utilities seeks approval for a 137-foot elevated water storage tank on a 0.33-acre site within the Gerald Ridge subdivision, zoned AR (Agricultural Residential). The Regional Planning Commission unanimously recommended conditional approval.
- Testimony: Charlie Barnett (Morrison Ritchie Associates, for Tidewater) stated the tower is essential for Tidewater's distribution system, providing adequate water pressure and fire flow for existing and future customers. The nearest property line is 140 feet from the tower, exceeding the required setback equal to the tower height (137 feet).
- Discussion: Commissioners Sweeney and Hertz questioned whether surrounding communities (e.g., Riverdale Estates) would be required to connect to Tidewater if their wells failed. Greg Corey (Tidewater Utilities) explained that DENREC may require connection if public water is within 500 feet, but the water main extension is separate from the tower. Commissioners expressed concern for nearby rural communities but received assurance from the applicant that no other communities would be adversely affected.
- Vote: The court granted conditional approval unanimously (7-0).
Public Hearing: Ordinance LC2609 – Economic Development Revenue Bonds (Providence Creek Academy)
- Application: Ordinance authorizes issuance of up to $5 million in Kent County Delaware Economic Development Revenue Bonds for Providence Creek Academy Charter School Corporation to refinance prior bonds. The bonds involve no credit or obligation of the county.
- Testimony: Denise Stofer (Head of School) and Lisa Moore (Board President) spoke in favor, stating that savings from refinancing will support curriculum, extracurricular options, and campus environment. No opposition was expressed.
- Vote: The ordinance passed with six 'yes' votes; Commissioner Angel did not vote.
Public Comments
- No public comments were made on items not covered by public hearings.
New Business
- Introduction of Ordinance LC2604 – Ethics Code: Introduced for public hearing on July 7, 2026, at 7 PM. The ordinance would repeal and replace Chapter 41 (Ethics, Post-Employment Restrictions, and Standards of Conduct) and remove Chapter 68, Section 68-7(H) on vacancies, recruitment, and appointments.
- Commercial Trash Service Contract Change Order #8 – Republic Services: Approved a 4% unit price increase, one-year extension (until June 30, 2027), and contract amount increase to $268,084.68. Vote: 6-0, with one commissioner absent.
- Diffuser Replacement Services and Disposal: Awarded the contract to Clean Infusion LLC for $170,000 and authorized up to $60,000 for disposal costs, funded from the Public Works Contingency Budget. Vote: 6-0, with one absent.
- Introduction of Fiscal Year 2027 Resolutions and Ordinance: Commissioner Pepper introduced multiple resolutions for assessment rolls, property tax rates, library district tax rates, sewer delinquent accounts, and the FY 2027 operating budget, with public hearings scheduled for June 9, 2026, and July 7, 2026.
Key Outcomes
- Unanimous approvals: Consent Agenda 2609, Resolution 4171, Employee of the Month recognition, Ordinance LC2603, Conditional Use CS2603, Commercial Trash Service Change Order #8, Diffuser Replacement contract award.
- Approved with one abstention: Ordinance LC2609 (6-0-1).
- Introduced for future hearings: Ordinance LC2604 (July 7, 2026), FY 2027 resolutions/ordinance (June 9, 2026), and meeting room fee schedule (July 7, 2026).
- No executive session was held.
The meeting was adjourned.
Meeting Transcript
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.
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