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Record of Proceedings

Kent County Levy Court Workshop on Sewer Extension Ordinance (October 13, 2026)

Meeting Portal — Tuesday, October 13, 2026
BodyKent County, Delaware
SessionMeeting Portal
DateTuesday, October 13, 2026
StatusFILED
Video Record
0:00 / 28:57

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

Speaker numbers apply only to this recording.

Speaker 1

0:01

Thank you.

Speaker 2

0:05

You're not going to yell maybe sit here, are you?

0:07

Oh, yeah.

Speaker 1

0:07

Oh, I might.

Unassigned speaker

0:09

It

Speaker 1

0:09

depends on if you behave or

Unassigned speaker

0:11

not.

Speaker 1

0:12

She's demonstrated what she can.

Speaker 3

0:14

Oh no, I know.

0:16

Carries a whip.

Speaker 2

0:20

Get out of the courtroom.

0:23

You've done talking.

Speaker 1

0:26

This meeting is too hazard in summarizing.

Unassigned speaker

0:29

Hey,

Speaker 1

0:30

Joe.

0:34

Final workshop.

Unassigned speaker

0:55

Do you see what it was for you?

Unassigned speaker

1:06

Read what it was about.

Speaker 4

1:20

6:30 on Tuesday, October 13th, 2026, Kent County Levy Court Workshop is called to order.

1:27

We're in the caucus room, and with that, I will turn it over to our county administrator, Kevin Seppel.

Speaker 5

1:32

Thank you, Madam President.

1:33

This workshop's being held in person at 555 Bay River, Dover Dollar in the Caucus Room.

1:38

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

1:41

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

1:43

Workshops are an opportunity for levy court commissioners to publicly discuss policies.

1:48

Among themselves and with staff.

1:52

Participation is normally limited to the commissioners and staff.

1:55

There will be an opportunity for public comment for those attending in person, we're in line.

1:59

When the president opens the public comment period, those attending in person may raise their hand if you recognize.

Speaker 4

2:27

Thank you.

2:27

We do have seven commissioners.

3:00

So with that, and I know we're short on time here, but with that, I will turn it over to Sam because I think it's important when Sam speaks and Sarah speaks that we all have an understanding of exactly what it is we're looking at.

3:12

With that, I'll turn it over to Sam.

3:13

Thank you.

Speaker 6

3:14

Uh yes, Madam President.

3:16

Uh good evening, Commissioners.

3:17

The uh item before you is in regards to an uh amendment to the um the code and um ordinance L C 2616.

3:28

Um, as you know, uh infrastructure has been built outside of the Kent County growth zone.

3:35

And at the time that this uh infrastructure was built, there were some lots that were included and some lots that were not included due to the fact that they were either vacant or people did not want to opt into uh the district.

3:51

So to address those issues, this um ordinance was uh uh created and uh there are uh certain criteria that these lots and owners to um address uh and uh and uh qualify for and so we made sure that uh we could look at these lots, uh analyze them, uh you know, determine the viability of these lots being entered into the uh sewer district and uh and we also um brought this ordinance to the sewer advisory board and um the sewer advisory board did approve it to come to levy court for um for this hearing.

Unassigned speaker

5:00

So uh so at this time we're if you want me to go through all the different criteria I could, but um since it's a short on time, I could just point out the highlights or highlight I think what's important here is that uh there may be a misnomer here is this young lady has not applied to Denwak for a permit.

Speaker 4

5:14

She contacted somebody on the outside that did some investigation work and found out that the land that she has really is not suitable uh for sewer system, but she could do a peace type system as opposed to even connectivity with the county.

5:29

Um I believe Andy found that information out today.

5:35

She had contracted with.

5:36

So I think it's important for people to know that there is a process that you're supposed to follow my correct same.

5:42

That's correct.

5:42

Regardless of whether you want to come into county sewer or not, there is a process with Denw.

Unassigned speaker

5:47

So

Speaker 4

5:47

I know at least when I work with Mayor Town of Smyrna, you had to follow, which is obviously the same thing there.

5:53

Before I ask Sarah to bring her thoughts forward and and look to commissioners for your input.

6:00

Um, is there anything else you want to add, Sam?

Speaker 6

6:02

Um, just that you know that there are you know the dead rec requirement is included in um this new ordinance.

6:10

So we you know we know that we have all these steps to go through before they can get into the the district.

Unassigned speaker

6:20

Ms.

Speaker 4

6:20

Kiefer,

Unassigned speaker

6:22

Sarah's finished.

Unassigned speaker

6:23

Um Mark, if you wouldn't mind thinking

Speaker 1

6:28

the only caution I would offer is when you start writing ordinances for a specific property, you can sort of lose focus.

6:38

Um you're focusing just on an individual property rather than the impact countywide.

6:43

We have a lot of sewer outside the growth zone.

Discussion Breakdown — Share of Meeting
Water And Wastewater Management█████████████████████████████████████████████59%
Procedural███████████████20%
Engineering And Infrastructure████████11%
Environmental Protection████████10%
Summary of Proceedings

Kent County Levy Court Workshop on Sewer Extension Ordinance (October 13, 2026)

The Kent County Levy Court held a workshop on October 13, 2026, at 6:30 PM in the Caucus Room at 555 Bay Road, Dover, DE. The primary agenda item was Ordinance LC26-16, which proposes amending the county code to permit sewer extensions outside the Kent County Growth Zone for properties that were not provided laterals during the original installation. The discussion focused heavily on a specific vacant lot at Pickering Beach but expanded to questions of countywide policy, system capacity, and procedural precedent.

Public Comments & Testimony

  • No members of the public offered comments during the designated public comment period. The meeting chair opened the floor to both in-person and virtual attendees, but no requests to speak were received.

Discussion Items

  • Ordinance LC26-16 Presentation: Staff member Sam presented the ordinance, explaining it was drafted to address vacant lots omitted from the original sewer district. The ordinance had already received a favorable recommendation from the Sewer Advisory Board.
  • Specific Property Case: The case involved a vacant lot in Pickering Beach. The gravity sewer line was installed in 2011-2012 for environmental remediation. A lateral was not placed on the vacant lot at that time. The current owner, who inherited the property, is unable to install a septic system due to poor soil conditions confirmed by a DNREC soil test. Commissioners noted her mother had declined the connection when first offered. Commissioner Angel, who represents the area, was contacted by the homeowner and advocated strongly for her, stating the situation was a "no-brainer" and that the county should automatically provide laterals in such cases.
  • Procedural Concerns: County Administrator Kevin Seppel and Commissioner Scott noted the homeowner did not follow the standard DNREC permitting process before contacting Commissioner Angel. Commissioner Scott stated she was "dumbfounded" and believed the homeowner had put Commissioner Angel in a difficult position.
  • System Capacity Constraints: Commissioner Hall voiced strong opposition to expanding the system without first completing pipeline condition assessments. He cited a recent rain event where the treatment plant processed 21 million gallons against its 20 million gallon capacity, arguing the system cannot handle additional load. Commissioner Angel countered that the environmental benefit of connecting lots near marshes outweighed the marginal capacity impact, pointing to ongoing development in Magnolia adding 700 houses per year.
  • Countywide Policy vs. Specific Relief: Counsel Sarah Kiefer recommended the board not write an ordinance for a single property but instead develop a comprehensive policy for all similar properties countywide. Commissioners debated the potential precedent, with staff noting that over 40 lots along the Pickering Beach line alone could be affected, and potentially many more countywide where gravity sewer lines pass undeveloped properties.

Key Outcomes

  • Vote to Move Ordinance Forward: A motion to advance Ordinance LC26-16 as written failed, receiving 3 votes in favor but lacking the majority needed to pass.
  • Information Request: Commissioners directed staff to gather data on how many properties countywide could be affected by a similar policy change and present it at the next meeting.
  • Adjournment: The workshop was adjourned, with the board moving immediately into executive session for discussions on property acquisition and litigation.

Meeting Transcript

Thank you. You're not going to yell maybe sit here, are you? Oh, yeah. Oh, I might. It depends on if you behave or not. She's demonstrated what she can. Oh no, I know. Carries a whip. Get out of the courtroom. You've done talking. This meeting is too hazard in summarizing. Hey, Joe. Final workshop. Do you see what it was for you? Read what it was about. 6:30 on Tuesday, October 13th, 2026, Kent County Levy Court Workshop is called to order. We're in the caucus room, and with that, I will turn it over to our county administrator, Kevin Seppel. Thank you, Madam President. This workshop's being held in person at 555 Bay River, Dover Dollar in the Caucus Room. We're also making it available via the internet through WebX. Participants can join us by phone or by computer during the meeting. Workshops are an opportunity for levy court commissioners to publicly discuss policies. Among themselves and with staff. Participation is normally limited to the commissioners and staff. There will be an opportunity for public comment for those attending in person, we're in line. When the president opens the public comment period, those attending in person may raise their hand if you recognize. Thank you. We do have seven commissioners. So with that, and I know we're short on time here, but with that, I will turn it over to Sam because I think it's important when Sam speaks and Sarah speaks that we all have an understanding of exactly what it is we're looking at. With that, I'll turn it over to Sam. Thank you. Uh yes, Madam President. Uh good evening, Commissioners. The uh item before you is in regards to an uh amendment to the um the code and um ordinance L C 2616. Um, as you know, uh infrastructure has been built outside of the Kent County growth zone. And at the time that this uh infrastructure was built, there were some lots that were included and some lots that were not included due to the fact that they were either vacant or people did not want to opt into uh the district. So to address those issues, this um ordinance was uh uh created and uh there are uh certain criteria that these lots and owners to um address uh and uh and uh qualify for and so we made sure that uh we could look at these lots, uh analyze them, uh you know, determine the viability of these lots being entered into the uh sewer district and uh and we also um brought this ordinance to the sewer advisory board and um the sewer advisory board did approve it to come to levy court for um for this hearing. So uh so at this time we're if you want me to go through all the different criteria I could, but um since it's a short on time, I could just point out the highlights or highlight I think what's important here is that uh there may be a misnomer here is this young lady has not applied to Denwak for a permit. She contacted somebody on the outside that did some investigation work and found out that the land that she has really is not suitable uh for sewer system, but she could do a peace type system as opposed to even connectivity with the county. Um I believe Andy found that information out today. She had contracted with. So I think it's important for people to know that there is a process that you're supposed to follow my correct same. That's correct. Regardless of whether you want to come into county sewer or not, there is a process with Denw. So I know at least when I work with Mayor Town of Smyrna, you had to follow, which is obviously the same thing there. Before I ask Sarah to bring her thoughts forward and and look to commissioners for your input.

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