Kent County Levy Court Workshop – August 25, 2026

The Kent County Levy Court held a workshop on Tuesday, August 25, 2026, at 6:00 PM in the Caucus Room at 555 Bay Road, Dover, DE. The meeting was also available via WebEx. Four commissioners were present: Commissioner Hertz, Commissioner Hall, Commissioner Sweeney, Commissioner Squat (Scott), and Vice President Scott. The county attorney participated online. The workshop included presentations, discussions, and public comments on multiple items. The agenda item regarding Ordinance LC26-13 (Data Centers) was removed prior to the meeting. Public comments focused heavily on data center regulation and a local development access issue.

Consent Calendar

• EagleView Contract Renewal: A six-year contract renewal for the EagleView aerial imaging software was discussed. The software is used by assessment, planning, public safety, and engineering departments. The contract value is approximately $400,000. Staff recommended approval and the item was moved to the consent agenda. Commissioners voted unanimously (5-0) to approve.
• SL-25-01 The Landings: Cash in Lieu of Active Open Space Requirement: For a 10-lot subdivision outside the growth zone near LipSec, the developer offered $10,000 in lieu of a half-acre of required open space. Staff recommended approval. The item was moved to the consent agenda and approved unanimously.

Public Comments & Testimony

• Bonnie Pennington (Dover resident): Opposed data centers, citing health risks (cancer, respiratory issues), high water usage (two Olympic-size swimming pools per day), noise from 24/7 generators, and financial burden on the city. Urged rejection of data centers.
• Melissa Beechum (122 Fairground Road, Harrington): Asked for a buffer approach, including classifying data centers as conditional use (not by-right), prohibiting them on sites served only by private wells, and establishing strict nighttime noise limits. Noted that residents on private wells near proposed sites could face water impacts.
• Marissa McClinton (Sierra Club Delaware, DCLER facilitator): Acknowledged the county’s progress but urged timely completion of a strong ordinance to set a countywide standard. Requested a clear timeline and transparency on amendments. Noted other municipalities are watching the county’s lead.
• Joy Woodruff (Dover): Asked the county to keep data center rules separate from broader land use issues. Urged a standalone vote to change data centers from by-right to conditional use, as promised at the July 21 meeting. Emphasized the need for public hearings and to keep the public commitment.
• Dennis Norwood (3350 Woodyard Road, Harrington): Supported eliminating by-right and requiring public hearings. Stressed that data centers affect quality of life and that constituents’ voices must be heard.
• Linda Lewis (Dover): Asked for increased transparency, including a calendar of milestones for the data center ordinance. Referenced previous commitments to discuss addenda (setbacks, noise). Expressed trust concerns due to lack of clarity.
• Amelia Hodges (Clayton): Supported a moratorium on data centers while the ordinance is finalized to prevent applications during the process. Noted that data centers are moving quickly.
• Donald Barnes (63 Vanessa Drive, Camden): Raised concerns about access to the proposed Harmony Hill 2 development in the Star Hill area. Stated that the new development lacks a proper entrance and could use Hestart Lane or Vanessa Drive, creating safety issues for emergency vehicles. Questioned whether the development had been approved. Commissioners noted the item is on the September 1 business meeting agenda.

Discussion Items

• First State Honor Flight Presentation: Joel Hopper (treasurer) and board members Trish, Lee, and Sue presented the First State Honor Flight program. They requested use of the Levy Court building on Saturday, October 17, 2026, for a welcome-home ceremony (5:00–8:00 AM and 8:00–9:00 PM). The program provides free trips for veterans to Washington, D.C., memorials. The group also sought help signing up veterans and volunteers. Commissioners expressed strong support. Vice President Scott noted the building’s availability on Saturdays and that any staffing costs would not be a showstopper. Commissioner Angel suggested Joel Hopper work with staff to also consider future dates in 2027. There was general consensus to allow the use.
• Data Center Regulation Discussion (in public comments): Several commissioners responded to public concerns. Vice President Scott noted there are currently zero data center applications in Kent County. Commissioner Angel explained the county is reviewing all legal options, including a potential moratorium, and that the ordinance is being carefully crafted to avoid errors. He emphasized that state and federal government also have influence (e.g., SB 23, federal AI push). Commissioner Hall added that citizens should also contact state legislators. The county attorney is working on the legal framework. No formal vote was taken on this topic.
• Harmony Hill Development Access: Commissioner Angel informed Donald Barnes that the Harmony Hill 2 development access issue is on the September 1 business meeting agenda. He also said he asked the county administrator to add it to a future meeting with state senators and representatives to address road width standards.

Key Outcomes

• The Honor Flight request to use the building on October 17, 2026, received general approval; details to be worked out with staff.
• EagleView Contract Renewal and The Landings cash in lieu were approved on the consent agenda.
• No decisions were made on data center regulations, but the county is actively working on amendments. A moratorium is under legal review. Commissioners committed to transparency and will provide updates.
• The Harmony Hill 2 access issue will be discussed at the September 1 business meeting (7:00 PM, Chambers).
• Future workshop agendas will include a three-minute limit for each public comment speaker.

The meeting adjourned after public comments and commissioner comments.