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Record of Proceedings

Kent County Levy Court Business Meeting - September 15, 2026

Meeting Portal — Tuesday, September 15, 2026
BodyKent County, Delaware
SessionMeeting Portal
DateTuesday, September 15, 2026
StatusFILED
Video Record
0:00 / 3:15:52

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
1:06

Good evening.

1:07

Welcome to Kent County Levy Court business meeting.

1:10

The meeting is being held at five five five Bay Road in Dover.

1:14

This is Levy Court Chambers, room two zero three.

1:18

Today is Tuesday, September fifteenth, twenty twenty six.

1:22

This is our business meeting.

1:33

Thank you.

1:33

This meeting is being held in person at five five five Bay Road, Derbert Eller in the Levy Court Chambers.

1:38

We're also making it available via the internet through WebEx.

1:41

Participants can join us by phone or by computer during the meeting.

1:44

There will be opportunities for public comment for those attending in person or online.

1:48

When the President opens a public period comment period, those attending in person may step forward to one of the two podiums and be recognized.

1:55

If you're joining us by phone and wish to comment, please press star three, which will raise your electronic hand.

1:59

Our operator will identify you and bring you into the meeting.

2:02

Pressing star six will mute and unmute your line.

2:05

If you're online, you will see a hand and microphone icon at the bottom of your screen.

2:10

Please use those at appropriate times.

2:12

We ask guests to begin public comments by stating your name and address for the record.

2:22

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

2:25

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

2:29

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

2:34

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

2:40

Back to you, acting president.

3:06

So it's been almost two years since I've uh been serving as president of them.

3:11

A little rusty, please forgive me.

3:33

All rise, please.

4:34

Sergeant Chris Fisher from the Warm Spring Police Department, Georgia.

4:38

Deputy Sheriff Terrien Bailey from the Claiborne County Sheriff's Department, Mississippi.

5:00

Thank you.

5:04

Thank you, Commissioner Sweeney.

5:06

Mr.

5:07

Naka, can we have roll call, please?

5:08

Determine quorum.

5:13

Mr.

5:14

Angel?

5:14

Present.

5:15

Mr.

5:16

Hall?

5:16

Present.

5:17

Mr.

5:17

Hertz?

5:18

Here.

5:19

Mrs.

5:19

Maston, absent.

5:22

Mr.

5:22

Scott.

5:25

Mr.

5:26

Sweeney?

5:27

Here.

5:27

Mr.

5:28

Pepper?

5:29

Here.

5:30

Mr.

5:30

Acting President.

5:31

Roll call reveals six present.

5:34

One absent.

5:36

Thank you.

5:36

We do have a quorum.

5:38

I need a motion for the adoption of this evening's agenda.

5:42

So move, Mr.

Discussion Breakdown — Share of Meeting
Solar Energy Development█████████████████████████████████████37%
Procedural██████████████████████22%
Zoning Variances████████8%
Agriculture████████8%
Public Engagement███████7%
Public Safety█████5%
Personnel Matters████4%
Environmental Protection████4%
Engineering And Infrastructure██2%
Summary of Proceedings

Kent County Levy Court Business Meeting - September 15, 2026

[The Kent County Levy Court held its regular business meeting on Tuesday, September 15, 2026, at 7:00 PM in the Levy Court Chamber, Room 203, 555 Bay Road, Dover. The meeting was conducted in person and virtually via WebEx. Six commissioners were present (Angel, Hall, Hertz, Scott, Sweeney, Pepper) and one absent (Maston), constituting a quorum. The agenda included consent items, three public hearings for conditional use applications, new business items, and public comments. The meeting was recorded and followed Mason's Rules of Order.]

Consent Calendar

  • Approval of Consent Agenda 26-14: The Levy Court approved the consent agenda by a vote of 6-0 (one absent), which included routine approval of the September 1, 2026, business meeting minutes. There was no discussion or removal of items.

Presentations & Introductions

  • Resolution 4181 – Retirement of James B. Mollohan: Approved unanimously (6-0) recognizing the retirement of the Recreation Program Supervisor II and acknowledging his public service.
  • October 2026 Employee of the Month: Brenda Owens, Deed Clerk I in the Recorder of Deeds office, was recognized for her dedication and outstanding service. The certificate will be presented at a later time.
  • August 2026 New Hire Introductions: Three new employees were introduced: Willie Davis III (Housing and Community Development Specialist), Kai Reese (Deputy Register of Wills), and Ruben Garnett (Recreation Assistant).

Public Comments & Testimony

  • During Public Hearings – Pro-Cut Tree Services (CS-26-04): No public testimony was offered in favor or opposition.
  • During Public Hearings – Cattail Creek Propane Facility (CS-26-05): No public testimony was offered in favor or opposition.
  • During Public Hearings – Sunrise Shaws Corner Solar (C-26-05):
    • In favor: John Falkowski (engineer) presented the project, answered commissioner questions, and addressed concerns about glare, noise, property values, soil contamination, and fire risk. Kendrick Tice (Sunrise Solar) answered technical questions about panel efficiency and lease terms. Dwight Meyer, a farmer with a leased solar field, spoke in favor, citing financial benefits and decommissioning bonds.
    • Opposed: Kevin Talley, Mitch Talbert, Maggie McMullen, Dan Selle, Kevin Goldsborough, Joseph Laws, John Foltz, state Senator Dave Lawson, Eileen Talley, and George McMullen testified against the project, citing impacts on the Amish community, safety hazards, loss of farmland, property devaluation, lack of community benefit, interference with school children walking, and concerns about stormwater, soil contamination, and fire. Some residents noted the area is served by Delmarva Power only on Shaws Corner Road, with most surrounding homes on Delaware Co-op, and that the Amish residents do not use grid electricity.
  • End of Meeting – Public Comments on Par 3 Golf Course: Diane Monaco and John McCracken complained about the Par 3 Golf Course (now used for a solar farm) not maintaining the property—overgrown weeds, mosquitoes, flooding issues—and asked that the conditional permit be revoked. Commissioner Hall stated he would look into the matter.

Discussion Items

  • Pro-Cut Tree Services (CS-26-04): Conditional use with site plan for a landscaping and horticultural operation at 1818 North Little Creek Road (outside Growth Zone, AC zoning). Previously approved but expired; same plan resubmitted. Regional Planning Commission (RPC) voted unanimously to recommend conditional approval, noting compliance with all conditions. Three waivers were included. The Levy Court approved with prior conditions.
  • Cattail Creek Propane Facility (CS-26-05): Conditional use with site plan for a minor utility underground propane field (0.26 acres inside Growth Zone, AC zoning). Previously approved but not finalized. RPC recommended conditional approval with added fencing. The applicant agreed to install fencing around the tank field. Commissioner Sweeney proposed an amendment to add traffic bollards or similar barrier along Bears Chapel Road for safety; the applicant agreed. The amendment passed 6-0, and the final motion with amendment passed 6-0.
  • Sunrise Shaws Corner Solar (C-26-05): Conditional use for a community energy generating facility (solar) on 24.6 acres (16.5 acres of panels) located outside Growth Zone on AC-zoned farmland. RPC had no recommendation because a motion to approve failed and no motion to deny was made; thus a supermajority was not required. The project met all code conditions, including buffers, landscaping, decommissioning bond, soil testing, and pollinator mix. Commissioners debated whether the location was appropriate given that most nearby homes (including Amish) do not use Delmarva Power; Commissioner Hertz moved to table for further fact-finding, but the motion failed 3-3 (Angel, Hertz, Scott yes; Hall, Sweeney, Pepper no). After attorney advice that the decision must be based on code compliance, not business case, the motion to approve with RPC conditions passed 4-0-2 (Hall, Hertz, Scott, Sweeney yes; Angel and Pepper not voting; Maston absent).
  • Pension Fund Reallocation: The Pension Review Committee recommended adjusting target ranges: international equities from 14.5% to 14%, fixed income composite from 35% to 36%. Approved 6-0.
  • Public Works Union Negotiation Team: Authorized the team (employment attorney, HR director, public works director, finance director, county administrator) to negotiate a successor agreement with CWA Local 13101 for wastewater treatment facility employees expiring December 31, 2026. Approved 6-0.
  • Biosolids Capacity Expansion – Hillis Carnes Amendment #2: Amendment for additional inspection services in the amount not to exceed $20,000, funded from project contingency. Approved 6-0.
  • Route 13 Widening Project – Century Engineering Amendment: Amendment to finalize design for Phase 2 force main relocation, funded through Main System Capital Improvement Fees and DenREC loan. Approved 6-0.

Key Outcomes

  • Pro-Cut Tree Services (CS-26-04): Approved unanimously (6-0) with prior conditions.
  • Cattail Creek Propane Facility (CS-26-05): Approved unanimously (6-0) with added condition for traffic bollards/barrier along Bears Chapel Road.
  • Sunrise Shaws Corner Solar (C-26-05): Approved 4-0-2 (Angel and Pepper not voting; Maston absent) with RPC conditions (perimeter fencing and ground cover). The motion to table failed 3-3.
  • ORPT Grant Resolution 4176 – Big Oak Pickleball Facility: Approved 6-0, committing $355,000 in local match for design and construction of pickleball courts, comfort station, and shade structure.
  • Pension Fund Reallocation: Approved 6-0, adjusting investment target ranges.
  • Public Works Union Negotiation Team: Approved 6-0, authorizing the negotiation team.
  • Biosolids Amendment: Approved 6-0, increasing contract with Hillis Carnes by $20,000.
  • Route 13 Widening Amendment: Approved 6-0, authorizing design revisions for Phase 2 force main relocation.

[No executive session was held. The meeting adjourned after public comments.]

Meeting Transcript

Good evening. Welcome to Kent County Levy Court business meeting. The meeting is being held at five five five Bay Road in Dover. This is Levy Court Chambers, room two zero three. Today is Tuesday, September fifteenth, twenty twenty six. This is our business meeting. Thank you. This meeting is being held in person at five five five Bay Road, Derbert Eller in the Levy Court Chambers. We're also making it available via the internet through WebEx. Participants can join us by phone or by computer during the meeting. There will be opportunities for public comment for those attending in person or online. When the President opens a public period comment period, those attending in person may step forward to one of the two podiums and be recognized. If you're joining us by phone and wish to comment, please press star three, which will raise your electronic hand. Our operator will identify you and bring you into the meeting. Pressing star six will mute and unmute your line. If you're online, you will see a hand and microphone icon at the bottom of your screen. Please use those at appropriate times. We ask guests to begin public comments by stating your name and address for the record. 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, acting president. So it's been almost two years since I've uh been serving as president of them. A little rusty, please forgive me. All rise, please. Sergeant Chris Fisher from the Warm Spring Police Department, Georgia. Deputy Sheriff Terrien Bailey from the Claiborne County Sheriff's Department, Mississippi. Thank you. Thank you, Commissioner Sweeney. Mr. Naka, can we have roll call, please? Determine quorum. Mr. Angel? Present. Mr. Hall? Present. Mr. Hertz? Here. Mrs. Maston, absent. Mr. Scott. Mr. Sweeney? Here. Mr.

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