This meeting is being transcribed and summarized.

Now six PM, I'd like to call to order the Kent County Regional Planning Commission business meeting for Thursday, July the ninth.

And as we always do customarily, we do the flag.

Mr.

Peterman, would you leave us in pledge, please?

I ask if you have a cell phone on you or any other kind of device that you either put it on vibrate or turn it off so I won't disturb our meeting.

Mr.

Peterman.

Present.

Mr.

Sarvan.

Present.

Mrs.

Carcher?

Absent?

Mr.

Gaufrey.

Mr.

Mills.

Mr.

Mills.

Mr.

Mills is online.

Mr.

Davis.

Here.

Mr.

Jester.

Here.

So you have six present, you do have a quorum.

Thank you very much.

Commissioners, now you see your agenda in front of you as there are no changes or additions.

I entertained a motion and a second for approval.

So I move.

Mr.

Davis made the motion.

Mr.

Servant second it.

Sarah, call the commission.

Mr.

Peterman.

Yes to approve.

Mr.

Sarvon.

Yes to approve.

Mr.

Gaufrey.

Yes to approve.

Mr.

Mills.

Mr.

Davis?

Yes.

Mr.

Jester.

Yes.

So you have five years in favor of approving tonight's agenda.

Mark, can you tell if he has his mic on or on or not, or you can't tell that mic is on.

Mr.

Mills, can you can you hear me?

Can you hear us in the room?

Okay, well we'll move on.

Can you hear me now?

Yes, we can hear you now.

Um did you hear the votes roll calls earlier?

And voted.

I heard I heard them, but apparently they didn't hear me, but all of them was yes.

I guess you can change his vote and he's verifying a yes.

Also, commissioners, in front of you night, you have the minutes for June 11th, 2026.

Entertain a motion to approve if there's no corrections.

Mr.

Garvey?

Approved.

Mr.

Davis, second.

Sarah Commission.

Mr.

Peterman?

Yes to approve.

Mr.

Servon.

Yes to approve.

Mr.

Galfrey?

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis?

Yes to approve.

Mr.

Jester.

Yes to approve.

So you have six years in favor of approving the minutes of June 11th.

There was no levy court action on anything that we did, so we'll go right in from there's no old business also before the commission.

So we'll go right into the business for tonight.

First one is C 26-04.

McCoy, Bianca, and Terrell request for a conditional use of a home improvement daycare.

They give a great presentation and all.

So I'll turn it over to Commissioner.

Somebody would like to make a motion.

I can recognize you.

Yeah.

Mr.

Davis.

Thank you, Mr.

Chairman.

I'll move this regional planning commission and recommend conditional approval of application C 2604.

A conditional use for home occupation daycare located in the Growth Zone Overlay District.

This is based on exhibit A.

Staff recommendation report dated July 2nd, 2026.

Exhibit B, public hearing testimony dated July 2nd, 2026.

And the following is the fact that A.

A.

the subject site is zone AC, Agriculture Conservation in 25205-53 permits home occupation.

Daycare as a conditional use.

B the location is appropriate and not in conflict with a comprehensive plan.

C, the public health, safety, and general welfare will not be adversely affected and the motion.

I have a motion.

Can I recognize somebody for a second?

Mr.

Galvery?

Second.

Sarah called the Commission.

Mr.

Peterman.

Yes to approve.

Mr.

Servan.

Yes to approve.

Mr.

Galvery?

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis?

Yes to approve.

Mr.

Jester.

Yes to approve.

So you have 60s in favor of recommending conditional approval of the application C2604.

Thank you and good luck with your project.

Next on the agenda tonight is C Z 26-02.

LC 26-10.

Joseph Lewis the Fourth and Christina L.

Taylor request to amend the zoning map from AR to BN.

They made a great presentation last week and all.

And I assume it looks like they're here tonight.

So uh somebody would like to make a motion.

Mr.

Galvery.

I move that the Regional Planning Commission recommend denial of the ordinance LC 26-02.

Amending the zone map from AR agricultural residential to low density residential to BN neighborhood business located outside the growth zone overlay district.

This is based on exhibit A staff recommendation report to dated July 2, 2026.

Exhibit B, public hearing testimony to dated July 2, 2026, and the findings of the fact that A, there was no mistake in the zoning map.

B most of the surrounding properties are zoned to AR, and the character of the area is primarily agricultural with single family residential.

C, the character of the area has not changed to such an extent that zoning map should be changed.

D, the existing non-residential zoning in the area continues to be farmed or is vacant.

E.

The proposed BN zoning does not conform with the 2018 comprehensive plan.

Neither map 7B nor 7C identifies the area for future neighborhood commercial development.

I have a motion.

Mr.

Servon, you I'll second.

Mr.

Servon seconds it.

Sarah, call the commission.

Mr.

Peterman.

I vote to annoy.

So your vote is yes.

Yes.

Yes, I'll vote again.

Mr.

Servon.

Yes, that's approved.

The motion.

Mr.

Gaufrey?

Yes, as per motion.

Mr.

Mills.

Now I'm gonna vote no on this one.

Mr.

Davis?

Uh I also vote no on this.

Mr.

Jester.

I also vote no on this.

So we've got three y's, three nays.

Uh the motion fails because we did not yield four votes.

So is that the end of the situation, or what do we have to do?

What's our attorney say?

It's three to three.

If we made the opposite motion, it would be most likely the opposite vote.

So I would just say there did not, it goes to the levy court.

So we just say it received no recommendation.

Three to three.

So it does uh it does move on to levy court like it is with just a tie vote, like it is.

Yes.

So it'll just be noted that it's a tie vote, so there's no recommendation.

Okay.

Understood.

So is it permissible to make another motion to approve?

You could do so, yes.

Thank you.

I'm ready to do that.

Go ahead, Mr.

Davis.

Thank you, Mr.

Chairman.

Um, regarding uh CZ-2602 slash LC 26-10.

Uh I move that the application be approved.

And my reason for that is that they have a lot of farmland.

I know there's been questions about that.

It's not farm-related products that's gonna be sold.

Uh, but we don't know that.

It it could be uh vegetables that's maybe growing on the on the property.

Uh it may be a combination of antiques and little of this and little that.

A lot of people do that.

They sell other uh merchandise.

Uh that's not always consistent with the zoning.

So I I make a motion that we uh override the last motion and and uh I move that we approve it.

I have a motion on the table.

Is anybody like to second it?

Second I'll second that.

I have a mr.

Mr.

Mills made the mo made the second Sarah call the commission with the new motion.

Mr.

Peterman.

I vote to deny them.

So you're voting no?

Voting no, yeah.

Mr.

Servan.

Voting no.

Mrs.

or Mr.

Crawfrey.

No, no to the motion.

Mr.

Mills.

I'm voting yes to the motion.

Mr.

Davis?

Yes for the motion.

Mr.

Jester.

Yes, for the motion.

It looks like it's gonna go to levy court with no recommendation once again.

Correct.

This is enough.

Going to the next project.

Next on the agenda tonight is Harmony Hills 2 request for a major approval of a 94 lot major subdivision, including 52 single family homes.

We had a quite a discussion last week on a lot of things, and I think the engineer sent us some additional information.

Customarily I don't ask him to come up, but seeing him in the crowd, I'd like for him to come forth.

I think there is a couple questions.

I'll ask our attorney, Benny swore in last week.

He don't have to be swore in again, does he?

It's fine.

Yep, he's fine.

I think we have some questions for clarity.

Okay.

You sent it to us.

Uh first of all, is the clarity about the there's no place else to have an entrance?

Uh that's correct.

Oh, that's that's all you have to say about it.

I thought maybe you'd expand on being the head start road doesn't have a pre appropriate right-of-ways.

And then it's surrounded by the wetlands, correct?

Sure.

Yeah, I filed a letter uh earlier this week.

The property itself is landlocked, it's surrounded by blue line streams, wetlands, and the hundred foot buffer associated with the with the uh blue line stream.

And the only um roadway near it is a private drive.

So there's no mechanism for the developer who doesn't own any properties along that private drive to convert it to a public right away.

Okay, the second was about the school bus stops.

Can you explain what your letter actually said?

Yeah, so the the developer met with Bill Webb from the CR school district.

Mr.

Webb identified two locations in the subdivision that he preferred to have a bus stop.

We added them to the plan.

We circulated that earlier this week.

We also added a bench waiting area, some crosswalks, handicap ramps, so the kids can safely walk to the bus stops.

Mark, can you actually pull up the plan so he could actually point to where the bus stops would be?

That'd probably be good enough because we know that the enter comes in and it goes around.

Can you just use that pointer down there on your stand and you'll be able to no it's right there on the stand?

Just yeah, just put your finger on it.

No, you you could just touch the screen.

Oh, this screen.

Yeah, you can just touch the screen on the other.

If you get back to that subdivision, so the first entrance or excuse me, the first bus stop location, Mr.

Webb wanted to see was in this area up here.

So we added that.

Um and the second one was in this triangular passive open area, so we added that as well.

So the road wouldn't be widened in area, but you're gonna do some additional painting and all for the pedestrian traffic.

That's correct.

Anyone have any questions about that, Mr.

Mills?

No, um, I don't understand the bus stop, but that's that's okay.

We'll move forward.

Any of their commissioners have any questions, Mr.

Davis?

Just kind of curious.

Um what made you change to two bus stops?

Uh resume is gonna be one.

What changed your mind?

And second question is when did you first contact the school talk about the bus situation just within the last week or what?

Yeah, so we notified the school district in accordance with the public notification requirements of the code twice.

Uh, but we didn't actually successfully connect with them until the developer called them on Monday of this week.

And uh Mr.

Webb from the CR CR school district was the one who wanted the two bus stop locations, so that's what we gave.

You answered the question.

Uh when uh why did you justify two bus stops?

Uh I can't attest to that.

I can this Mr.

Webb asked for them and recommended that we have two within the community, so that's what we are gonna provide.

I I know that's what he asked for.

They asked for two bus stops.

Yes, for two.

It's highly unusual.

Yes, and he actually initialed the plan that we uh sent into Kent County earlier this week.

Okay, thank you.

Thank you very much.

I think that clarifies everything, especially with the communication you sent us, put it on record.

Sure.

You're welcome.

Thank you.

We'll now get into a vote for Harmony Hills.

Is there someone here like to make a motion?

Gonna have to have a motion, gentlemen, from somebody.

I'll do it.

Mr.

Davis.

Okay, I don't like to do these things, but sometimes you gotta do what you think is right.

I make a motion that's designed.

Um making this motion for the purpose of public safety.

You have a situation here that probably should have been something else put on that site and not what you're doing now.

I'm very concerned about the public safety of not only the children, but the adults themselves that's gonna be living in that district.

There's one way in and there's one way out.

If you have an accident at Peach Tree and the entrance going into the subdivision, the first subdivision, it would be not adequate passage for emergency vehicles, fire departments, or whatever the case may be, aimless or whatever.

So that presents a major problem for me.

I was really hoping that they could work this out.

But apparently they can't work it out.

But those things need to be looked at very closely prior to coming before this commission.

There's two of us on this commission that are in the fire service.

And we look at the public safety issue very, very clearly.

That is a big dangerous issue if this thing is passed.

If you can correct that problem, next time I'll vote for it.

But I'm not gonna vote and put those people's lives in jeopardy to live with that subdivision.

That's my motion, Mr.

President.

It's public safety.

And that's my motion I'm putting on the table.

So your motion is for denial.

That is correct.

Okay, I have a motion on the table for denial.

Is there anybody like to second it?

Second.

Mr.

Peterman seconds it motion by Mr.

Davis.

Sarah, call the commission.

Prior to the call of commission, if I may.

Okay, go ahead, sir.

The subdivision we heard me say this before.

If the subdivision meets all the requirements of the code, it must be approved under Delaware law.

Um I have not heard, and I read all the reports, and I have not seen any provision which particular development doesn't satisfy in the code.

So keep that in mind when you're making your vote.

So what you're advising is that the motion is not not legal or something, or what are you exactly saying?

That's correct.

Uh if you deny it, um basically you have the right, the developer has a right based upon the code to say I met all the requirements of the code.

And I know of no other provision in the code, which this subdivision doesn't satisfy.

Two entrances, whatever with that.

If you deny it, there will be an appeal to the levy court, which they will get to take it to the levy court.

But at the end of the day, you cannot deny a subdivision that meets all the requirements of the code.

So the only thing they could do is they'd have to uh remove their second and move it remove the motion.

Is that what you're saying?

You can vote on the motion.

You can vote on the motion.

If and if you deny it, then there will be an appeal, but I'm just advising you that there is this plan, as far as I know, nobody's giving me any provision of the code for which it doesn't satisfy, and therefore it needs to be approved.

Mr.

Davis.

So it's my understanding, I think I heard you say we vote on this thing and it's denied.

It goes to the legal court for appeal.

Is that correct?

They could take it to the appeal and appeal to the case.

So you're not everybody's keeping their second and the motion, am I correct?

It looks like they are, sir.

So I guess you'll have to call the motion.

Mr.

Peterman.

I vote no.

The motion is to deny.

Well, you actually second the question.

For the motion.

Motion.

So your vote is yes.

No, I'm voting for the motion.

You're voting yes to the motion.

Mr.

Servan.

As far as the record goes.

No.

He said yes.

Okay.

Mr.

Servon.

Vote no for the motion.

Mr.

Goughrey?

Yes, that's promotion.

Mr.

Mills.

I'm voting yes for the motion now on baseline.

Yeah, motion on my voting on the public safety.

Mr.

Davis.

Yes, promotion for the public safety issue of the concerns of those values.

Thank you.

Mr.

Jester.

Yeah, I've thought about this many a time, and I've actually lost some sleep over this one.

And I don't think it's a place for a subdivision like this.

And I understand our attorney's position, but I vote for the motion.

So you have five A's, one nay in favor of denying application SL2606.

Okay, thank you all.

Mr.

Chair, I'm going to excuse myself from the remainder of the meeting.

Um, and because I don't think the taxpayers of Kent County should pay for me to be here when I've made an express statement, which was voted on by the by the commission, which is not in compliance in my view with Delaware law.

I respect all of you.

I will come back, but I'm just I I just cannot justify having the taxpayers at Kent County pay me to be here when that vote did was not in compliance with the Delaware laws.

I'm gonna be excused excuse myself for the evening.

Thank you.

I certainly wish you would stay because you're here to give us suggestions and talk, and your legal opinion is very well taken.

So I'd certainly like to ask you to stay.

And then I'll come back.

Okay.

That works for me.

Make sure that the uh the minutes show that and what you're doing, and that we don't really want to lose you because you're a very we rec we always listen to you most of the times.

I understand, but I think there's a pretty clear issue of Delaware law.

It it is probably, and I understand that it's clear from from the legal point of view, and I respect your position, and I respect you following your conscience.

And I think that that's the only thing that we're doing here.

We unfortunately just don't have the law necessarily on our side, but our conscience is well intact.

That was Mr.

Gauvery speaking because I hadn't recognized you, sir.

So that it that's our secretary has said that many a time, that I need to make sure that whoever is speaking with is is recognized.

If I could comment one more time, I have litigated land use things in Delaware since 2002.

I started practice in 2000.

I have litigated, gosh, if you do a search, I've litigated most of the big land use cases, the vested rights cases, all of the Chernoby cases, all of that stuff.

I'm not a rookie at the bar, and I do not have a defense for what the planning commission did here, because there's a case called Tony Ashburn and arises out of this particular body where the Supreme Court held very clearly that if you meet all the requirements of the code, you have to approve.

And you did not approve, not based upon code reasons, but on public safety reasons.

That should be if you have a problem with the code, you should take it up with the levy court, the legislature.

You cannot legislate from here.

But I'm gonna do what I did said I was gonna do because I'm actually a little bit shaky.

Like I'm that upset.

And I'm gonna go out in the hallway.

I'm gonna come back.

All right, Mr.

Chair, thank you very much.

We thank you too, but just let you know that you know we do support you and all like that.

We'll go on to the next application for tonight.

It's the Preston Automotive Group request for site plan approval for construction of an auto dealership, retail, and restaurant space, totaling five fifty thousand six hundred and sixty-six square feet located inside the Growth Zone Overlay District.

Is there somebody here that can answer questions on its development?

Please come up.

And being we don't have an attorney, I'll uh I'll have to ask you that what you're about to say is is is your truth and you're speaking it on your behalf.

Yes.

And give us your name and address.

Tim Metzner with Davis Spown and Friedell 1 Park Avenue, Milford, Delaware.

Yeah, customarily I don't call you up and all, but I don't know if some of the commissioners have a question.

I have an initial do you want to say anything about the thing before I go into the questions?

Sure.

I give a a quick brief summary.

The uh staff.

I don't think we really need that then because it's just about a questions of the plot drawing you got.

Oh I saw there's a sidewalk out front, correct?

But you're not you're not doing a sidewalk back on Peach Tree Run?

We are.

That is uh that's shown down on uh it's shown on the plan right.

Okay, I just didn't recognize all the lines on there.

I I see it now because I know the MPO and all like that had wanted pedestrian pass on the front and the back of the building.

So okay.

And the only other question I had was gonna be about fire hydrants, but I see you do have two, one at the one at the west side and one at the east side of the building, so that works out for me also.

Any of the commissioners have any questions about this plot drawing.

Seeing none, I guess that'd be all.

Just me, me with the only ones being interested, I guess.

Okay.

Thank you, sir.

All right.

Now I'll turn it over to Commissioner.

Somebody would like to make a motion.

Mr.

Gauvery.

I move that the Regional Planning Commission grant approval of the application S-26-03, a site plan application for construction of an auto dealership, retail and restaurant space totaling 50,666 square feet located inside the growth zone overlay district.

This is based on exhibit A staff recommendation report dated July 9, 2026, and the findings of fact that A, the site is zoned AC agricultural conservation, and which distribution of the agricultural products is permitted by right with conditions by subchapter 205-53.

B the plan complies with all applicable conditions of approval as documented in the July 9th, 2026 staff recommendation report.

C, the application is compliant with the app with the comprehensive plan.

D, the waiver from 187-79.

D requiring a 30-foot buffer along arterial streets is granted, and instead of 15-foot wide buffer shall be provided as shown on the landscape plan.

Pursuant to Chapter 205 of the Kent County Code and pursuant to 9 Delaware C subject before 802 and 4811.

The commission has reviewed the application and furthermore, as part of this approval, the applicant shall comply with all staff and agency requirements and planning staff recommendations as described in the July 9th, 2026 staff recommendation report included but not limited to the following.

A the final plan shall include a bike rack large enough to accommodate at least four bicycles between the two buildings.

I have a motion by Mr.

Golvery.

Is there somebody like to second it?

Second.

A second.

Mr.

Peterman has seconded.

Sarah, call the commission.

Mr.

Peterman.

Yes to approve.

Mr.

Servan.

Yes to approve.

Mr.

Crawford?

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis.

Yes, sir.

Approved.

Mr.

Jester.

Yes to approve.

So you have six A's in favor of grants and approval of the application S 2603.

It looks like a great design, and uh good luck with your project.

Next on our agenda tonight is SLV-26-24.

HRS properties LLC.

The requesting a waiver from 187-58.

Access minimum of 25% of proposed lots must front on a c on a connected route and 187-58 street linkage to enable a major subsidies located outside the Growth Zone Overlay District.

Is there someone here tonight to represent this application?

Once again, this is getting way way over and I understand.

Just give us your name at your at the mic.

Sure.

Doug Barry, professional engineer for Pernoni Associates, Newark, Delaware.

I think this is kind of unusual.

I don't remember when something like this coming before us, but we're not looking at the four lots out front.

We're only looking at the length of the road that goes back, correct?

Correct.

So you've already done some work on the site and assume that these lots can be built there with the soils that you have?

That's correct.

We did do a a soils investigation for septic systems.

I think that's what you are referring to.

Yes.

And I see they were two-acre lots.

So that's the same.

I know we're not we're not talking about that tonight.

We're only looking at your waivers.

Correct.

It may be for uh two acres to one, depending on the the actual cul-de-sac street length.

Does anybody in the commission have any additional questions for this gentleman?

Mr.

Servon?

Yes, can you show us on the site plan where this cul-de-sac is located?

So you have the other prints there, Mark, where it does show the one with the cul-de-sac.

Yes, it's on the sheet.

Uh next sheet, uh third sheet, I think.

Thank you.

So this is what we submitted to the county.

Um we originally requested a waiver to construct a cul-de-sac street, 2500 feet in length, and talking to the county and the and the planning department, they were very helpful.

We actually decided it would be better to shorten that street, um, make the lots a little bit smaller.

But really, the the residential development isn't subject of of our waiver request tonight.

We're not exactly sure how the lots are going to be configured.

It looks some similar to what was in the packet, but the actual call-de-sec length that we're permitted to build will dictate the lot configuration.

Sarah being there going through the minor sub, he won't have to show the first call to sack on there when they go through, correct?

No, for the minor will handle that administratively.

I figured that's what it would do.

So anybody else have any questions?

Seeing none, thank you again for your explanation.

Okay.

Thank you.

I'll now entertain if somebody would like to make a motion.

Mr.

Davis.

Thank you, Mr.

Chairman.

Excuse me.

I'll move that the regional planning commission grant modified approval of application SLD-26-24 to permit a cul-de-sac or dead end street with a maximum length of 1,300 feet, and waive the requirement that a minimum of 25 foot 25 percentage of lots within the subdivision must front on the connected routes to allow for the submission of a major subdivision application.

This is based on exhibit A, a memorandum from staff dated July 9th, 2026.

And the following is that the existing surroundings land use prevents connection to the development to other roadways, and that a modified approval represents a minimal easing of the requirements that will better support the goals and the objectives of the conference plan in the motion.

Thank you.

I have a motion, Mr.

Gulvery.

I second.

He saw he seconds it.

Sarah, call the commission.

Mr.

Peterman.

Yes to approve.

Mr.

Sarvan.

Yes for approval.

Mr.

Gaufrey?

Yes to approve.

Mr.

Mills.

Yes to approve.

Mr.

Davis?

Yes to approve.

Mr.

Jester.

Yes, to approve.

So you have six A's in favor of granting modified approval of the application SLV 2624.

Thank you very much.

And good luck with your project.

Next on the agenda tonight, and in our last uh application is ordinance LC26-06 data centers.

This is an ordinance that gives Kent County something on their record to be able to uh talk about permitted uses and all like that, which they had don't have anything right now.

So uh I've done quite a bit of research on this myself.

I've done a lot of Googling on it.

And the only thing I didn't see covered, and I think I talked to Sarah, I talked to you about it, was the noise, not the noise, but the vibration coming through the what's made on site.

And that's the only thing I've saw in any of the Google I've done that's not covered.

And my understanding of what people describe as vibrations is it's actually very low frequency noise, and we've tried to address that using the setbacks, the buffering, and the noise attenuation.

Okay.

Yeah, and it is good to have something on record after talking to quite a few people that if we did hadn't had anything, they could have gone to a lot of number of locations, and then we'd been in a fight again.

So uh I'll come back to the commission.

Somebody would like to make a motion, Mr.

Gauvery.

I like this motion.

This project, by the way, sir.

Um I move that the Regional Planning Commission recommend approval of ordinance LC26-06 data centers finding that the county's existing zoning ordinance already permits the development of the data centers without the explicit conditions included in this ordinance that are designed to mitigate the impacts of such development and protect the health, safety, and general welfare of the citizens of the county.

Excuse me.

I have a motion.

Do I have a second?

I'll second.

Mr.

Servant second it.

Sarah calls all the commission.

Excuse me.

Can regular Mr.

Peterman?

Yes.

Mr.

Servan.

Yes for approval.

Mr.

Crawfry.

Yes to approve.

Mr.

Mills.

Yes, to approve.

Mr.

Davis?

Yes to approve promotion.

Mr.

Jester.

Yes to approve.

So you have six eighths in favor of recommendation.

Approval of ordinance LC2606.

We don't have to do that.

I don't know who's hollering on there, but you don't have it right to talk unless I recognize you.

And we actually took public comment on the last meeting.

Yes, I will.

I guess we're now into election of officers.

And I'll turn my seat over to my vice chair for the election for the chairperson.

At this time we'll have the federal nominations for the office of president.

And those nominations are now open.

I'd like to nominate the Commissioner Peterman has nominated Mr.

Jester.

Correct.

I'll second it.

Do we have to uh we don't take a vote on that, but just a second, it's all is required.

Yeah, you can yeah, I I think you vote on it.

Right.

Right.

Yeah, but I think what's that?

If there's Sarah reminded me under the rules that if there's no nominations, it's over, and then he becomes the chair.

So just be the nomination, that's it, right?

Yep.

I thank you.

Um there any other nominations for president?

Are there any other nominations for president?

Last time, are there any other nominations president?

If not, the nominations are closed this time, and I'll turn the gaggle back to the president.

Chair.

Thank you.

I'm the chairperson.

I appreciate that.

I appreciate everybody putting their confidence in me.

I guess we now have the nomination for vice chair.

I'll open that up.

I nominate Paul Davis for Vice Chair.

Mr.

Gauvery nominates Mr.

Davis.

I'll second that.

Mr.

Peterman had already seconded.

I'm sorry, Mr.

Mills.

Is there any other nomination?

I guess do we have to have a motion to close?

Because on the other hand, I don't think so.

No.

You're good.

We know who the chair and the vice chair.

Thank you very much.

See if you weren't here, I couldn't ask you all these important questions.

Thank you all, and I appreciate the nomination for what's going on.

We now come down to any public comment.

I think there was a lady hollering online.

Is that who it was, Mark?

Does she have her hand up, wants to say something?

For our guests joining us online.

If you would like to make public comments at this time, please indicate by raising the electronic hand or pressing start three if you're joining us by phone.

If you would like to make public comments, you should have to do that.

I would like to say that I do not approve of the data center here in Delaware.

I think you have to give us your name.

Oh, I'm sorry.

My name is Paul Workman.

What's your address?

What's your address?

16 Freedom Drive.

Uh 19904.

It's too late.

Yeah, ma'am, there's a spot for everything.

That's why I couldn't recognize you at that time.

But do you have anything else you'd like to say?

No, I just really would like to contest having a data center because I don't think our small state um, I don't think it will provide anything uh of use to us.

And I think it will take away a lot from our from our state.

We take that in consideration, and that's why we need something on the books.

So our county planners could say we're where they cannot be.

We don't have anything in the pipe stream right now.

Anyone else like to say something?

Yeah, I like one who's is there somebody else online?

So if you would like to make comments, please uh state your name and be um let us know your address, and then you can make your comments.

Yes, we can hear you now.

Please give us your name and address.

Yes, absolutely.

My name is Melissa Werners back, and my address is 25 Drew Court in Dover, Delaware.

You may be a ma'am, go ahead and say what you have to say.

Thank you very much.

I am calling in to strongly, strongly urge you to not amend any of code to allow data centers to be in Kent County, Delaware.

The high electricity consumption alone that is already crippling our power grids.

Regular citizens are facing extraordinary raises to our electric bills.

These data centers are pushing their expenses off on everyday consumers in already an economy that we are priced to fail.

Besides the electricity, the water usage, it is going to already cripple a very fragile water ecosystem.

The noise pollution.

I understand the woman from the company says that they're doing everything they can, and it's a very low hum.

Pardon my French, that is BS.

It is not a low hum.

If you look at all of the data centers nationally that are being denied because of the negative impact it is having.

There is nothing good for people that live here to be provided by data centers.

Data centers are only there to make the rich richer and the poor poorer, and they're putting it on our backs.

It is not good for our environment.

It is not good for our communities.

We don't want them.

But I would recommend you keep an eye on any kind of applications that go through the planning department.

And when if anything does come before us, you can come up here and then speak your mind at the at the mic.

Thank you very much.

Is there anyone here like to speak?

I think the lady had ahead of you, sir.

Come on up to the mic, give us your name and your address.

Good evening, commissioners.

My name is Brittany Williams.

My address is 120 Morning Dove Lane, Dover Delaware.

Thank you very much.

Make sure you pull the mic up as close as you can, because we can't really hear you.

Thank you very much.

Can you hear me now?

That sounds good.

Sounds good.

Um, first of all, I want to say thank you for your service here.

Um I would also like to speak out in um opposition of data centers in Kent County.

Um literally everything that was just lifted up is exactly the things that I were gonna I was gonna touch on.

Um data centers are highly automated, so there is no real investment in jobs.

It does not look, it does not build jobs, it creates pollution, the footprint that it actually leaves decimates communities.

If you look at some of the other data centers that are popping up across the country, there are real implications to the health and well-being and safety.

And that is something that I heard repeatedly in this space.

A concern for health, wellness, and community in the citizens of Kent County.

And if there is a real commitment to this health and wellness of our community and making sure that we are not looked at as the the middle sister of the state, and that we want to continue to thrive and develop, then we have to do something differently.

I am born and raised here, my family has been born and raised here, and I am just committed to my community, and I hope that you all will be too.

And I've heard this thing as like having an ordinance of where they can be, but you all are the front gate.

You are the gatekeepers.

You are the ones that allow these types of data centers or these types of of buildings and um developments to happen in our in our county.

And so there is nothing good that comes from them, and they are a detriment to our health and well-being.

And property values, the community, the Dover that I grew up knowing, and the Dover that our county that I grew up being raised in does not look how it did when I was younger at all.

And that will continue.

And I refuse to sit by and watch everything slipped by.

Development happening in different parts of the states.

Community building happening in different parts of the states while 60% of downtown is empty.

And we're talking about data centers.

This is the CETA legislation of the state.

So we should in this county really do something different.

So thank you.

Thank you very much.

And I wanted to just understand that we had nothing we could lay back to until we pass this ordinance tonight.

We now have something to support us of what what we see or what we don't see, and we too have the same kind of opinions as you do.

I think, sir, you wanted to say something, come up to the mic and give us your name.

You can come up this side if you want to.

It's up to you.

Your name and address.

Yes, my name is Michael Kopp, 1584 South State Street, Dover.

Go right ahead.

Pardon me?

I said go right ahead.

Okay.

So I understand that the uh the concept here tonight is not to um you you have no specific proposal on the table for a data center.

Uh however, this this group has the uh ability to put conditions in place like you're trying to do now.

And I think it should include things like if a data center is ever to be considered that they must have show a way that they're going to produce their own electric or power, however they do it.

And and that can be put on the table and voted on as a precondition for any data center.

Everyone here knows that data centers use an extremely amount of power.

And what happens is it uses local power, and then that forces everybody to buy it from somewhere else, and then each one of us is handed a surcharge or a delivery service charge to for that electric to be shipped in from Texas or wherever they get it.

So I think that this committee should look at if any data center is going to be approved, what's their plan to come up with their own power.

Um I appreciate that you looked into the the noise, and I think it's a lot bigger issue than some people think because it affects more than just people.

It affects uh uh livestock animals no matter where you put it.

Um those things should be considered well ahead.

The other thing is that data centers historically use millions of gallons of water.

Uh Delaware, as everyone knows, their water table in Delaware is significantly uh reduced by any major thing.

Our drought.

We watch neighbors' ponds drop four feet in uh in a summer's time.

Having a data center take water and use it like that, uh that's a consideration that should be put in place before we ever start down the road of whether we approve one.

Because the people in the areas that already have them, residential people nearby who used wells found that they their wells were drying up or they were getting uh sediment in their wells because of the low uh depth of the of their uh water table in their wells.

Uh Delaware is pretty uh delicate when it comes to water table.

What uh uh uh data centers in many countries now that are putting them in or having them putting them in underneath the seawater to cool it that way and not use local water.

And I think that there are some things that this group could put together in place just like you're doing now that are already put in place that when a data center concept comes up, there's some things they already have to meet.

Thank you for your time.

We certainly appreciate your comments, and I agree with everything you said, because this is always always new for us too.

So uh we'll see what happens when it comes down the line and see what it I mean, there's only limited uh locations, I think, sir, throughout the county that they can be put at.

So well, if you if you if you look to within the city, there's very few pay places that have uh acreage that could could allow it.

I know that there are businesses that uh that are outside the city limits.

Um I'm gonna throw one out there and I don't know all the facts around this but there's a man uh coker that uh crushes rock and his neighbors wanted a noise ordinance about the amount of noise it makes well even if you take a data center and set it outside the city limits you still have the effects of all of these things that I've talked about and um my concern is that we have some things in play before the concept ever comes up because the people who are going to be um advocating for data centers come in with very powerful groups of of people behind them uh and and they're a lot more experienced because they put them in before so I think there's some things that we should have in line before the the concept ever comes up.

Once again I thank you very much.

I think Mr.

Galvery would like to say something.

Yeah um I don't know if you were here last week um I don't know if you've had an opportunity to review the code revision that we voted on tonight have you?

Oh no I just got word this afternoon I was traveling and I got word this afternoon uh on an email that you were meeting tonight and so I got back into town about an hour ago and I decided I better be here so it's it's I'm glad you came I I would suggest uh or encourage uh that you um take a look at the code that we actually passed the m the additions to it um and support of of of the staff they've um they went through great lengths of trying to address uh a lot of the the issues that were just brought up recently in terms of uh terms of safety and community and that sort of thing and and the issues that you brought up as well and I there's only two or three places that was even designated that they could possibly go into but without the code change that we made tonight that we voted on tonight um we really wouldn't have any tools to do much of what you were concerned about.

Now we have those tools and the additional things that may be overlooked by the code would be something that we could address with these new tools when the application actually comes in front of us.

So it's a we've made a as a state we've actually made a really positive first step as a county actually.

Okay where where can I locate that?

Sarah can you it's on our website if you go to the the planning department website for the county it's there.

Okay I appreciate it thank you.

Thank you very much always appreciates any kind of expert help they can get on any recommendations down the line that maybe need to be changed or something so we have an outstanding planning department which Sarah runs and an outstanding one under her Mr Chris Connolly so I'm not I know they take the professional suggestions for everything that everybody can give them.

Aren't too many things I'm professional at but I'll be glad to read over it.

I kind of wonder about us sometimes too but once again I thank you for your time.

Thank you.

Is there any other public comment?

Please give us your name and address when you come to the mic and make sure you keep the mic close to you.

Good afternoon or good evening.

My name is Virginia Harris I live at 152 Vochels Mill Star Hill Road and I'm on the project Harmony Hills 2 where there is no entrance but one way in they're working they're working on that road as well and uh the they're asking for they want like 90 some units there.

It's no way that 90 some units could go there.

The the cars on the road the road wouldn't handle that many because you think if you have uh 90 um uh 90 homes then you have at least two cars to each home so it's no way and it's no way that that's feasible.

Plus they're doing uh a lot of construction anybody who is building in that area they're gonna have to take in into consideration the traffic on the road the children that would be going to school it's in the traffic is so bad along there that uh it's no way that they could safely uh you know walk the school if the bus picks them up there is no safe place there for really the bus to stop they will have to stop right along the main road um I just think I just wanted to come because it is dangerous and um it's not getting any better and there are more and more people moving into the area there are more and more homes going up in the area so um another project like what they want to present in that area it's um it would be a it would be a bad thing to have done right now and it's no way feasible because the there's not enough road infrastructure is not enough to hold what they want.

Infrastructure is not enough to hold what they want.

Thank you very much for your comments.

But last week was a public hearing.

You need to keep your eye on when applications come before us.

Last week would have been the time to say what you're saying tonight, but we do take that in consideration.

I didn't know anything about it, and then I just found out about this meeting tonight about uh after well.

We appreciate you taking the time to come before us.

All right, okay, thank you.

And I know it might even go to Levy Court, but go through another court or they might come up again with another plan.

But the the roads are are going to be the thing and the safety of the people who are gonna move into that development.

Thank you.

Yeah, I think it is, and I think this will be coming to Levy Court.

Uh what will the date of that be, Sarah?

They'd have to file the appeal first.

Okay.

It's not a set date.

Okay.

Is there anybody else here like to have any public comment on anything?

If not, we'll move on.

We now get the commission comments.

Excuse me.

So we have somebody online.

Final um call for those uh uh online who would like to make public comments, please indicate by raising the electronic hand or pressing start three if you join us by phone.

Okay, no um public comments online at this time.

Thank you, Mark.

We can now get down to commission comments.

I would like to start off by saying I think we got one of the best attorneys we've had in a long time.

I just don't want him to take anything negative here because the things that we act on, we take your your consideration into hand, but we do have our own feelings and our own vote, and what we do here is nothing against you as a person, and we understand the law as it is, and we listen to you for as much as we can.

So I just wanted to say that that's the way our position is, and I'm pretty sure all the other commissioners feel the same.

So thank you for all you do for us and for all you keep us out of.

So we'll see what happens.

Did a poor job of that tonight.

No, it wasn't your fault.

It was our our particular individualism.

So okay.

Any other commissioners have any comments?

Mr.

Mills online.

Yeah, I'd like to say something.

I feel sorry.

Uh our attorney does a great job of what he's doing, and I appreciate him very much.

And yes, my vote was against what he was saying, but I also feel like I'm on this commission for the public too.

And I think it's a shame that when we have to rubber stamp everything just because of the law the way it is.

Uh and uh there's public safety here.

There's a public safety issue, and I'm on the in the school bus, but it's been in it for uh 50 years, and I see a uh serious issue with these little children getting loaded out there on uh peach tree run at the main entrance.

That is a public safety issue, and uh as long as there's a public safety issue, I've got to vote how my feelings are, regardless of what the developer does.

I can't help that.

But that's what I'm on as the commission for look at public safety.

Thank you.

Thank you, Mr.

Mills.

Uh uh, the attorney'd like to say something.

I'm here to tell you what the law is.

That's my job, right?

And and I do feel that I know what the law is, especially in this area, because I've read all of the cases and I've taught all the classes.

It's hard for me to justify sometimes when when we don't act in accordance with what I know the law to be.

And that bothers me.

Well, we just hope it won't bother you too bad because you know we support you and try to listen to you as much as we can, Mr.

Davis.

Mr.

Bald, I I wanted to tell you that what I said tonight was nothing against you personally.

I think you're a great attorney.

Um I just took the position.

Well, I said let it go to co levy court.

I don't want it on my conscience that I would voted for that because I had to go for it.

If they want to vote for it, they have that opportunity.

So they haven't lost the game yet.

Legvy court approves it.

That's on them, that's not on me.

I have to go home at nighttime.

And I have to think about things like this.

Bus accidents and what I talked about earlier.

So I will apologize to you.

It was nothing directed to you.

I I respect the law.

I respect you.

But I too have a conscience.

And I spoke my conscience tonight because I knew they would probably go into Levy Court and they're going to have to deal with it.

It's not going to be me.

So I'm not going to take part in those kind of issues to cost somebody life.

So thank you for your service, sir.

I look forward to seeing you after August.

I guess we'll need a month off after tonight's meeting.

So is there any other comments?

Sarah, is there any other business before the commission tonight?

Once again, I thank everybody for what they did and how they participate.

And uh I uh come to the Delaware State Fair and hopefully I see you down there.

So thank you very much.

I entertain a motion to adjourn.

Motion to adjourn.

Mr.

Peterman made the motion.

Mr.

Servon seconded to Sarah Call of the Commission.

Mr.

Peterman.

Yes to adjourn.

Mr.

Servon?

Yes to adjourn.

Mr.

Godfrey.

Yes to adjourn.

Mr.

Mills.

Yes to adjourn.

Mr.

Davis.

Yes to adjourn.

Mr.

Jester.

Yes to adjourn.

Hope you have a great summer and I'll see you at the Delaware State Fair.

The meeting is adjourned.

I'd think off my lawyer got up more later.

Don't run off here.