kent county levy court combined meeting notice and … · 09/06/2020 · kent county levy court...

KENT COUNTY LEVY COURT COMBINED MEETING NOTICE AND AGENDA Kent County Administrative Complex

555 Bay Road Dover DE 19901 Tuesday June 9, 2020

Levy Court Chamber (Room 203)

7:00 P.M., BUSINESS MEETING Call to Order Invocation Pledge of Allegiance Moment of Silence for our Troops and First Responders Roll Call and Determination of Quorum Adoption of Agenda Consent Agenda 20-8

Items on the Consent Agenda are considered routine and/or non-controversial and will be acted upon by a single roll call vote of the Levy Court. There will be no separate discussion of these items unless a Commissioner so requests, in which event the items shall be removed from the Consent Agenda and considered separately under New Business.

• Approval of Levy Court Business Meeting Minutes of Tuesday, April 14 and April 28, 2020

• June 2, 2020 Committee Meeting Items: • Updated MOU with Office of Animal Welfare regarding Dog Control • Resolution 3793, A Resolution Calling for the Suspension of Minimum

Parking Requirements in Kent County, DE

PRESENTATIONS: 1. Resolution 3794, Proclaiming June 25th, 2020 as Korean War Remembrance Day in

Kent County, Delaware INTRODUCTIONS

PUBLIC HEARINGS:

Mr. Hall: 1. Resolution 3785 – FY 2021 Sewer Assessment Rolls for Kent County Sewage

Disposal District No. 1 (KCSDD No. 1) as listed

Mr. Angel: 1. Resolution 3788 – KCSDD No. 1 (KCSDD1) Proposed Sewer Extension – East

Dover Area – Rojan Meadows Subdivision

Commissioners will meet in the Levy Court Chamber. While the public is welcome to attend, capacity is limited due to

social distancing. Telephone Conference Calling will still be available: Call In Number is: 1-800-377-8846

Participant Passcode: 92535882#

Kent County Levy Court Meeting Notice and Agenda Tuesday, June 9, 2020 of 3 Mr. Buckson: 1. Resolution 3792 – KCSDD No. 1 (KCSDD1) Proposed Sewer Extension – JMER

Properties (Frederica South) CLOSE PUBLIC HEARINGS RECESS TO COMMITTEE MEETINGS

COMMITTEE MEETINGS

Administration Committee Mr. Angel, Chairman 1. Shoreline Vinyl Systems Company – Request for Tax Abatement Public Comments Adjourn

Planning Services Committee Mr. Buckson, Chairman 1. Round 24 – Agricultural Land Preservation – Purchase of Development Rights Public Comments Adjourn

RECONVENE BUSINESS MEETING OLD BUSINESS NEW BUSINESS Mr. Angel: 1. Potential Action Item from Administration Committee Meeting re: Shoreline Vinyl

Systems Company – Request for Tax Abatement Mr. Buckson: 1. Potential Action Item from Planning Services Committee Meeting re: Round 24 –

Agricultural Land Preservation – Purchase of Development Rights OTHER BUSINESS 1. Move to go into Executive Session immediately following the Business Meeting for

preliminary discussion on site acquisition for a publicly funded capital improvement; legal strategy session regarding collective bargaining or pending or

Kent County Levy Court Meeting Notice and Agenda Tuesday, June 9, 2020 of 3

potential litigation; and personnel matters pursuant to 29 Del.C. 10004(b)(2), (4), and (9)

2. Move to go into Executive Session immediately following the Committee Meetings

of June 16, 2020 for preliminary discussion on site acquisition for a publicly funded capital improvement; legal strategy session regarding collective bargaining or pending or potential litigation; and personnel matters pursuant to 29 Del.C. 10004(b)(2), (4), and (9)

INFORMATION ITEMS PUBLIC COMMENTS COMMISSIONERS’ COMMENTS ADJOURN

EXECUTIVE SESSION Immediately following the Business Meeting

Caucus Room For preliminary discussion on site acquisition for a publicly funded capital improvement; legal strategy

session regarding collective bargaining or pending or potential litigation; and personnel matters

Pursuant to 29 Del.C. 10004(b)(2), (4), & (9)

Posted: 6/2/20 Revised: 6/5/20

Posted by: L. Tanaka Time: 2:45 pm

Take down: Upon Replacement or on 6/10/20 29 Del.C. §10004(e)(2). The Agenda items as listed may not be considered in sequence. This Agenda is subject to change to include additional items including Executive Sessions or the deletion of items including Executive Sessions, which arise at the time of the meeting.

Consent Agenda 20-8

June 9, 2020

• Approval of Levy Court Business Meeting Minutes of Tuesday, April 14 and April 28, 2020

• June 2, 2020 Committee Meeting Items: • Updated MOU with Office of Animal Welfare regarding Dog Control • Resolution 3793, A Resolution Calling for the Suspension of Minimum

Parking Requirements in Kent County, DE

1

MINUTES OF THE KENT COUNTY LEVY COURT BUSINESS MEETING

KENT COUNTY ADMINISTRATIVE COMPLEX 555 BAY ROAD, DOVER, DE

LEVY COURT CHAMBER, ROOM 203 TUESDAY, APRIL 14, 2020

Call to Order The Business Meeting of the Kent County Levy Court was called to order at 7:00 p.m. by President Banta. Invocation and Pledge of Allegiance The Invocation was led by Mr. Howell; the Pledge of Allegiance was led by Mr. Buckson. Moment of Silence for our Troops and First Responders A moment of silence was observed for our Troops and First Responders and led by Mr. Sweeney. Roll Call and Determination of Quorum Allan F. Angel Commissioner Eric L. Buckson Commissioner Jeffrey W. Hall Commissioner Glen M. Howell Commissioner Terry L. Pepper Vice President George W. Sweeney, Sr. Commissioner P. Brooks Banta President There are seven (7) Commissioners present at Roll Call.

04/14/2020

2

Mr. Angel requested Minutes of 03/10/2020 be amended to reflect he was at the NACo Conference when sitting in on the speeches made by Colin Powell, Ben Carson and President Trump.

CONSENT AGENDA 20-4


o Approval of Levy Court Business Meeting Minutes of Tuesday, March 10, 2020

o April 7, 2020 Committee Meeting Items: • Commercial Trash Service Change Order #4 • Route 13 Forcemain – Change Order #3 – Ferguson Waterworks • Selection of Merchant Card Payment Services • Employee Health Insurance Renewal

M-20-057 Motion to approve Consent Agenda 20-4 as amended was made by Mr. Angel;

seconded by Mr. Sweeney; carried by Roll Call vote seven (7) yeas. ADOPTION OF AGENDA M-20-058 Motion to Adopt the Agenda as amended was made by Mr. Sweeney; seconded

by Mr. Angel; carried by Roll Call vote seven (7) yeas. Mr. Angel asked if there was a possibility to have a vote on Policy 4-2 (Closing of

County Offices) – Proposed Revision after this evening’s Committee Meeting and was advised they were not prepared for that.

OLD BUSINESS - NONE NEW BUSINESS Mr. Buckson:

1. Delaware State Housing Authority – Emergency Housing Assistance Program Mr. Petit de Mange explained the Delaware State Housing Authority extended an invitation to all three Counties for a New Emergency Housing Assistance Program for households affected by COVID 19. New Castle County agreed to contribute $500K and Sussex County $250K. Mr. Petit de Mange advised the recommendation for Kent County Levy Court to consider is $180K. This money would be used for rental assistance as well as electricity and gas assistance. Marlena Gibson from the Delaware State Housing Authority was online to offer additional support as needed. She advised the program became available on March 26th and they estimate they have approximately 4,000 applications already,

04/14/2020

3

with about 800 from Kent County. The maximum assistance is $1,500.00 per household. Mr. Buckson asked if, at the end of the program if any unused funds would be returned back to the County. Ms. Gibson advised she did not expect there to be any unused funds with all the applications they have received so far. Mr. Sweeney inquired if there was an algorithm that was breaking it down as to how funds would be spent per County, i.e. by household, population, need? Ms. Gibson stated so far it has been first come first served. Additional discussion was held as to how the funding would be disbursed throughout the Counties to include the monies received from the State. M-20-059 I Move to approve appropriation of $180,000 from the FY2020 General Fund Budget Contingency in support of the recently established Delaware State Housing Authority (DSHA) Emergency Housing Assistance Program for use solely in Kent County, Delaware as rent and utility assistance (gas & electric only) to Kent residents who qualify under this Program administered by DSHA with the Kent County funding to provide one to one matching funds to increase the number of eligible households that can be accommodated, with payments to be made upon receipt of reimbursement draw requests submitted to Kent County by DSHA with an aggregate limit not to exceed $180,000; seconded by Mr. Sweeney; carried by Roll Call vote seven (7) yeas. Mr. Angel:

1. Action Item from April 7, 2020 Administration Committee Meeting re: Policy 4-2 (Closing of County Offices) – Proposed Revision

Commissioner Angel opened with brief remarks regarding the adoption of Policy 4-2 over 30 years ago stating no one at that time could imagine the current pandemic. He continued by saying that, based on Special Counsel William Bowser, Esq. who specializes in Labor Law, it is recommended that Levy Court revises Policy 4-2 to place the maximum number of hours at 80 for essential employees based on duration and circumstances of an emergency event, making the effective date retroactive to March 22, 2020. President Banta recognized and expressed his appreciation for the dedication of the essential staff. He then read a statement into the record regarding the Proposed Amendment to Policy 4-2, the origination of the Policy and the reasoning for the amendment, stating that it is important that we meet our payroll obligations and that everyone keeps their jobs with no reason for layoffs and/or unemployment and for employees to continue to be able to feed their families. Commissioner Sweeney reiterated President Banta’s statements, saying, “In the past 24 hour period we have the most number of cases examined so it’s not leveling out yet.” In closing he stated when there’s a treatment, a vaccine or

04/14/2020

4

a drop in the rate of infection he hopes Leadership will consider ending the Emergency Declaration and bring our full force of employees back to work. M-20-060 I Move to approve the Proposed Amendment to P20-2 to Levy Court Policy 4-2 as presented with 80 hours being retroactive, effective date March 22, 2020; seconded by Mr. Pepper and Mr. Howell; carried by Roll Call vote five (5) yeas; two (2) (Buckson) (Hall) nays.

2. Union Contract (AFSCME) Negotiations Team Appointment Mr. Kujala advised that the County has been notified by AFSCME Council 81 that Local Union 781 representing the paramedics that they would like to renegotiate the collective bargaining agreement which expires June 30, 2020. Notification was received on March 19, 2020 by letter dated March 16, 2020. M-20-061 I Move to appoint and authorize the County Attorney, Personnel Director, Public Safety Director, Finance Director and County Administrator to negotiate a successor agreement with AFSCME Council 81, Local 781 representing emergency medical services employees; seconded by Mr. Pepper; carried by Roll Call vote seven (7) yeas.

3. Kent Economic Partnership – Strategic Fund Request for Four M Project Linda Parkowski spoke briefly about the 4 M project, what they were looking for, what they intended to do, and the potential employment opportunities in the first year of operation. Mr. Buckson asked how that area was targeted because he was impressed by it and he did not want to miss an opportunity to better understand how it works. Mr. Sweeney asked if a benchmark was associated with the 10 year tax abatement. Ms. Parkowski advised the tax abatement is already written in Kent County law. Mr. Angel confirmed with Ms. Parkowski that city services, low taxes and great schools were brought up as for consideration. Mr. Sweeney: *INAUDIBLE* Mr. Petit de Mange: A little over 600,000 and that’s been something over many years we’ve been building on an annual basis. M-20-162 I Move to authorize the issuance of an Economic Development Incentive Grant in the amount of $75,000 to Four M as financial assistance to acquire and build a 500,000 sq. ft. manufacturing facility to be located at 1436 New Burton Road, Kent County, Delaware with the source of the funding for said Grant being the

04/14/2020

5

Kent County Strategic Development Fund, and I further move that 50% of the said Grant amount shall be disbursed to the Grantee upon receipt by the County of evidence that the said property purchase has been consummated and settlement has been completed, with the remaining 50% of the said Grant amount to be disbursed upon issuance of a City of Dover Building Permit for construction on Subject Property; seconded by Mr. Sweeney; carried by Roll Call vote seven (7) yeas.

4. Kent Economic Partnership – Tax Abatement Request for Four M Project Ms. Parkowski stated the company is sophisticated and know what incentives are offered as well; they certainly meet the qualifications for the tax abatement which is why this motion is coming up. M-20-0163 I Move to approve a 10 year Kent County Property Tax Abatement for the real property located at 1436 New Burton Road, in Kent County, Delaware for, and in support of the acquisition and construction of the Subject Property by Four M with Year One of the said Tax Abatement to begin upon completion of the physical improvements and issuance of a Certificate of Occupancy for planned building construction on the Subject Property, and in accordance with compliance with all applicable provisions of Kent County Code, Chapter 191, Article VI as amended; seconded by Mr. Sweeney; carried by Roll Call vote seven (7) yeas. OTHER BUSINESS M-20-064 Mr. Pepper: Move to go into Executive Session immediately following the Committee Meetings of Tuesday, April 21, 2020 for preliminary discussion on site acquisition for a publicly funded capital improvement; legal strategy session regarding collective bargaining or pending or potential litigation; and personnel matters pursuant to 29 Del. C. 10004(b) (2), (4), and (9); seconded by Mr. Sweeney; carried by Roll Call vote seven (7) yeas. INFORMATION ITEMS – None PUBLIC COMMENTS Gabrielle Gathers, Kent County Paramedic: Ms. Gathers thanked Commissioners Buckson and Hall for their support in voting against Policy 4-2. She read a statement expressing her disappointment in Levy Court for its decision in Policy 4-2. Brandon Yourkovik, Kent County Paramedic: Mr. Yourkovik thanked Commissioners Hall and Buckson for their support in Policy 4-2. Mr. Yourkovik read a statement expressing his feelings regarding the County’s decision on Policy 4-2.

M-20-065

04/ 14/2020

John Messina, Kent County Wastewater Plant: Mr. Messina thanked Commissioners Buckson and Hall for voting the way the day and expressed thanks to the paramedics. He then asked for a clarification of the cap on hours.

John Witzke, Kent County Paramedic: Mr. Witzke expressed his thanks for Commissioners Buckson and Hall for their positions on Policy 4-2. Mr. Witzke continued by stating his dismay with Kent County's change of this policy during this global health crisis.

An in-depth discussion was held between the Commissioners as to Policy 4-2 and the reasoning for the change and basis behind the vote.

COMMISSIONER COMMENTS -None

Motion to adjourn was made by Mr. Angel; seconded by Mr. Hall; carried by Roll Call vote seven (7) yeas. 8:32 p.m.

Brenda Wootten Clerk of the Peace Kent County

6

1

MINUTES OF THE KENT COUNTY LEVY COURT BUSINESS MEETING

KENT COUNTY ADMINISTRATIVE COMPLEX 555 BAY ROAD, DOVER, DE

LEVY COURT CHAMBER, ROOM 203 TUESDAY, APRIL 28, 2020

Call to Order The Business Meeting of the Kent County Levy Court was called to order at 7:00 p.m. by President Banta. Invocation and Pledge of Allegiance The Invocation was led by Mr. Howell; the Pledge of Allegiance was led by Mr. Buckson. Moment of Silence for our Troops and First Responders A moment of silence was observed for our Troops and First Responders and led by Mr. Sweeney. Roll Call and Determination of Quorum Allan F. Angel Commissioner Eric L. Buckson Commissioner Jeffrey W. Hall Commissioner Glen M. Howell Commissioner Terry L. Pepper Vice President George W. Sweeney, Sr. Commissioner P. Brooks Banta President There are seven (7) Commissioners present at Roll Call.

04/28/2020

2

ADOPTION OF AGENDA M-20-066 Motion to Adopt the Agenda as presented was made by Mr. Sweeney; seconded

by Mr. Angel; carried by Roll Call vote seven (7) yeas. CONSENT AGENDA 20-5


o Approval of Levy Court Business Meeting Minutes of Tuesday, March 24, 2020, Friday, March 27, 2020, Friday, April 3, 2020 and Tuesday, April 7, 2020

o April 21, 2020 Committee Meeting Items: • KEOP Plan Bid • Air Blower Optimization – Equipment Bid Award

M-20-067 Motion to approve Consent Agenda 20-5 as amended was made by Mr. Sweeney;

seconded by Mr. Pepper; carried by Roll Call vote seven (7) yeas. PRESENTATIONS

Employee of the Month - May 2020 The following was read into the record by Lorri Tanaka:

Kent County Department Heads have selected Gregory J. Mansfield from the Department of Administration as the May 2020 Employee of the Month.

Greg started with Kent County in November 2015 and serves as a Computer

Support Technician II in the Information Technology Office. His primary duties include troubleshooting computer hardware, software and/or network operating problems, responding to telephone calls to the I.T. Helpdesk, installing new computer hardware and configuring software, and assisting County employees with various computer related glitches. He was previously honored in October 2017.

At the outset of the COVID-19 pandemic, Greg took the lead to quickly install

software upgrades on hardware to facilitate remote work or telework from home by County employees. He has made a point to report to the worksite almost every day since the business continuity response plan began in order to address various computer access issues.

04/28/2020

3

In addition, Greg continues to perform his normal assignments working closely with the Department of Public Safety on the technical challenges of an around- the-clock operation, as well as the unique inter-agency needs of the Offices of Sheriff and Clerk of the Peace. He also provides backup to the Media Systems Coordinator for audio/visual support, streaming media and meeting recordation.

According to Information Technology Director Kim Crouch, “Greg surely was

the “go to guy” during this crisis as he quickly found available PC and desktops to satisfy every request from Directors for staff to work remotely. And, with available software, Greg is able to provide real time assistance to users by connecting directly to their PCs. We are so very fortunate to have such a talented individual on the I.T. team.” Congratulations Greg on a job well done!

Greg resides in Commissioner Sweeney’s and Commissioner Pepper’s districts. Ms. Tanaka concluded by reading the Tribute into the record as well. Commissioners Banta and Sweeney and Kim Crouch, Director of Information Technology, each offered their congratulations and appreciation for Greg’s hard work. Greg in turned thanked the County leadership for their consideration and stated overall it was a team effort. PUBLIC HEARINGS Sarah Keifer stated: “These Public Hearings are being conducted for the purpose of giving the citizens of the County the opportunity to present testimony on the application and ordinances that are before the Levy Court. Everyone will have a chance to speak. All statements are to be made from the podium at the front of the room. For the record, please give your name and address. Copies of any written statements or exhibits used during the hearing should be presented to for identification and inclusion in the record. For each application before the Levy Court: 1. The President of Levy Court will introduce the application; 2. The Levy Court will then receive testimony from those in favor; 3. Testimony will then be received from those who may be opposed. 4. After everyone has had an opportunity to speak, the hearing on the application will be closed and the Levy Court will then take what action it deems appropriate.

04/28/2020

4

Levy Court’s decision will be based upon public hearing testimony given at this meeting and a recommendation submitted to the Levy Court by the Regional Planning Commission. I would ask that the recommendation be included, by reference, in the permanent record of the meeting established by the Clerk of the Peace. The Public Notice of the Hearing was published in the April 15, 2020 edition of the Delaware State News.”

PETITION FOR CONDITIONAL USE REQUIRING SITE PLAN APPROVAL

Mr. Banta: Application #/Name: CS-20-01/NKS Distributions, Inc.; Applicant/Owner: N.K.S. Distributors, Inc./Big Woods, L.L.C.; Zoning District/Proposed Use: BG (General Business)/Warehouse/Distribution Facility; Area & Location/ID#: 25.6016+ acres located on the north side W. Big Woods Road, approximately 1,080’ east of S. DuPont Blvd., south of Smyrna/DC-00-028.00-02-12.05-00001 Ms. Keifer: The application before the Levy Court tonight is CS-20-01 a Conditional Use Site Plan application for a Warehouse Distribution Center. The site is just over 25 ½ acres on the north side of Big Woods Road east of Route 13 just south of Smyrna. The site is currently vacant. It is zoned BG – General Business. The Regional Planning Commission took testimony on this application at their April 2nd hearing and at their April 9th business meeting voted unanimously to recommend conditional approval. In particular it is in compliance with the Comprehensive Plan and it actually is *INAUDIBLE* with the area *INAUDIBLE.* I’m happy to answer any questions. Mr. Banta: I just have one before we open the public hearing. I want to make sure I’m correct on this *INAUDIBLE* which was under consideration and I’m not sure where it landed at this point but it’s my understanding that that has been removed. Is that a true statement or not? Ms. Keifer: Item No. 3… Mr. Buckson: Under Code requirements. Mr. Banta: Under Code requirements which is *INAUDIBLE* Ms. Keifer: *INAUDIBLE* Mr. Banta: That is Item No. 3 *INAUDIBLE* Mr. Buckson: Staff Recommendations.

04/28/2020

5

Mr. Banta: Staff Recommendations. There were three recommendations. This was item No. 3. Ms. Keifer: Under the Code Requirement A. 3. Mr. Banta: It was entitled Staff Requirements and then it goes down to three items, of this was one. I can read it to you. Ms. Keifer: Are you referencing the listing of them? Mr. Banta: Yes. Ms. Keifer: *INAUDIBLE* Mr. Banta: It’s my understanding that *INAUDIBLE* they purchased additional land and because they did that it was apparently recommended for approval through the appeal process. Ms. Keifer: That was actually a separate item that has been resolved. Mr. Banta: It’s been resolved *INAUDIBLE* So item No. 3 has been resolved. Okay that’s fine, I appreciate that. Mr. Sweeney asked Ms. Keifer if there was anything that could be done to improve the turn-around time with this type of process. Ms. Keifer: *INAUDIBLE* I don’t know what timeline the Applicant was on in terms *INAUDIBLE.* On the plus side I don’t know that we can impact their calendar, what I would recommend is that we review the *INAUDIBLE* that we have with State Planning and perhaps…particularly in a case like this where it’s entirely *INAUDIBLE* that perhaps it shouldn’t have *INAUDIBLE.* Mr. Sweeney: Okay, so this will be a topic of discussion at a later date, I appreciate your comments. Public Hearing Open on Application CS-20-01 IN FAVOR Michael Hoffman, Attorney representing the Applicant: Mr. Hoffman gave a presentation with power point for this Application noting the company’s history, property’s proposed uses, employment opportunities, the project’s architecture, landscaping and aesthetics. Mr. Sweeney asked Ms. Keifer if there was anything to make the process better with the State of Delaware.

04/28/2020

6

Mr. Hoffman stated from his perspective, on the Delaware side DelDOT tended to be where the hang up may be, adding that process is still ongoing. That process follows the Conditional Use process at Kent County which, according to Mr. Hoffman does not impact this particular process. Mr. Sweeney thanked Mr. Hoffman for his response. Mr. Angel asked Mr. Hoffman about a GIS study not being required regarding a light that was going in. Mr. Hoffman replied they were not required to do a traffic impact study because the proposed daily trip for the project was under the GIS threshold. Mr. Angel: That’s mainly due to the safety *INAUDIBLE” right? Mr. Hoffman: That is correct. Mr. Angel: I just want that on the record so thank you. IN OPPOSITION – None Public Hearing Closed on Application CS-20-01

M-20-068 Mr. Banta: I Move to approve Application CS-20-01since it has Staff approval, unanimous approval by the Regional Planning Commission, it’s a clean operation, it’s well funded, job producing and a great economic *INAUDIBLE* I would hope you would support the motion; seconded by Mr. Angel. Mr. Buckson asked for clarification purposes that Item No. 3 under Staff Recommendations has been removed. Mr. Banta: Item No. 3 under Staff Requirements will not be necessary *INAUDIBLE* they will not have to appear before the Board of Adjustments furthermore, it is not a Code Requirement *INAUDIBLE* That will be included as part of my Motion. Mr. Pepper: Is that an amendment or is it just included in your Motion? Mr. Banta: It’s included in my Motion Roll Call Mr. Angel: Yes, based on the RPC approval, Staff approval and it’s part of the *INAUDBILE*

04/28/2020

7

Mr. Banta: Absolutely. Mr. Buckson: Yes, per the reasons stated. Mr. Howell: Yes, reasons stated. Mr. Sweeney: Yes, for all reasons stated. Mr. Pepper: Yes, for all reasons stated. Mr. Hall: I vote in favor based on RPC recommendations and Staff recommendations. Roll Call reveals seven (7) yeas. Application LC20-01 has been approved.

PUBLIC HEARINGS CLOSED OLD BUSINESS - NONE NEW BUSINESS Mr. Hall:

1. Extension of Elderly/Disability Application Deadline Susan Durham: Ms. Durham advised the Commissioners they were going to extend the application deadline out to June 15th if they were to agree due to COVID19. With processing time and getting ready for tax bills this is about all they can extend it out to Ms. Durham said. Mr. Sweeney asked if including a tax return was required. Ms. Durham responded no they are not. In addition she stated at the time of the application they may contact the office and they will be advised as to what to do. Mr. Sweeney asked Ms. Durham if he could pass on messages the Commissioners may receive. Ms. Durham responded that Staff continues to answer calls however there may be some public members that do not want to leave messages. She advised they need to call 744-2401 and not the individual work stations. She assured the Commissioners they are more than welcome to forward messages and calls as well. M-20-069 Mr. Pepper: I Move for an Extension of the Elderly/Disability Application

Deadline extended to June 15, 2020; seconded by Mr. Angel; carried by Roll Call vote seven (7) yeas.

04/28/2020

8

Mr. Angel: 1. EMS Union Contract Extension – Tabled for further discussion

Allan Kujala: As Commissioners know the current Collective Bargaining Agreement with the Kent County Paramedics is set to expire on June 30th and it has been suggested that it could be extended for one (1) year with certain wage assurances. After much discussion between the parties a final version of the memorandum of agreement was emailed to the Commissioners this afternoon and that is the version that is recommended for approval tonight. Mr. Buckson questioned the removal of a bonus from the version they received which was in the original document. Mr. Kujala explained the original version did include an alternative to the COLA however the Union requested that be deleted so it is the COLA and Step Increase. Mr. Angel read into the record a statement he prepared expressing his concerns for those who will not have their job when this ends. Based on this statement he asked that they not vote on this issue this evening and send it back to Mr. Kujala for further discussion. Mr. Banta responded he had no problem with this suggestion. Mr. Buckson asked Mr. Kujala for clarification of this process. Mr. Pepper clarified that they are not saying they are not going to do this, they are saying they are not going to do this right at this minute. Mr. Angel told him yes. Mr. Sweeney asked how the changes differed from the existing contract. Mr. Kujala stated the current contract has a minimum 1% wage increase for the paramedic union members if the remaining Kent County employees receive no increase. In response to Mr. Sweeney’s question as to how much time they would have, Mr. Kujala responded he would go back to the Union and start the negotiation process. Mr. Hall asked what they would risk on July 1st in the worst case scenario. Mr. Kujala stated at a minimum they would get *INAUDIBLE* less that amount is zero dollars and if it’s no increase it is *INAUDIBLE* then they would get a 1%. Mr. Hall clarified that on July 1st if there is no new contract the current contract would remain in place until there is a new negotiated contract.

04/28/2020

9

After consulting the County attorney it was determined a Motion to table this was not needed. OTHER BUSINESS M-20-070 Mr. Pepper: Move to go into Executive Session immediately following the Committee Meetings of Tuesday, May 5, 2020 for preliminary discussion on site acquisition for a publicly funded capital improvement; legal strategy session regarding collective bargaining or pending or potential litigation; and personnel matters pursuant to 29 Del. C. 10004(b) (2), (4), and (9); seconded by Mr. Angel and Mr. Sweeney; carried by Roll Call vote seven (7) yeas. INFORMATION ITEMS – None PUBLIC COMMENTS – None COMMISSIONER COMMENTS Mr. Buckson inquired as to how the County was preparing for opening once the

Governor’s State of Emergency has been lifted. Mr. Petit de Mange responded he has been meeting with the management team regularly and working on plans for the eventual opening. It is on the agenda for next week’s Committee Meeting to give Levy Court an update on the progress that is being made.

After expressing his appreciation for these efforts, Mr. Buckson stated he was

curious as to whether the decision to open would be a Commissioner decision or an Executive decision.

Mr. Petit de Mange advised they are following the Federal guidance that they

have; “talks in terms of certain gating requirements that need to be met before you move into Phase I opening.” Mr. Petit de Mange further explained the gating basically is downward trends in the data that is being captured by the State of Delaware Department of Public Health. “So far we haven’t seen a downward tic yet, but the guidance suggests before you go to Phase I opening that you get 14 continuance days of a downward trend in various measures.”

Mr. Buckson asked for clarification as to if it would be an Executive decision or

Commissioner decision to reopen once the Governor issues the Phase I opening, or if that decision by the government automatically makes that call.

Mr. Petit de Mange responded the Policy would suggest that the County

Administrator in consultation with the President can make the call. However, with respect and wanting to meet the expectations of the power of Levy Court Mr. Petit de Mange would take the lead of the President.

“Serving Kent County With Pride”

Commission Members Hon. P. Brooks Banta, President Hon. Terry L. Pepper, Vice President Hon. Allan F. Angel Hon. Eric L. Buckson Hon. Jeffrey W. Hall Hon. Glen M. Howell Hon. George “Jody” Sweeney

RESOLUTION 3793

A Resolution Calling for the Suspension of Minimum Parking Requirements in Kent County, Delaware

WHEREAS, the Centers for Disease Control and Prevention (“CDC”) has determined that a novel coronavirus (“COVID-19”) presents a serious public health threat, and has advised the public that asymptomatic individuals may be carriers of the COVID-19 virus and may unknowingly spread the virus to other individuals in close proximity, and therefore, social distancing is required to help mitigate the individual exposure to (and community spread of) the COVID-19 virus; and WHEREAS, on March 12, 2020 at 3:00 p.m. E.D.T., Governor Carney issued a State of Emergency due to the public health threat of COVID-19, which became effective as of 8:00 a.m. E.D.T. on March 13, 2020 (the “COVID-19 State of Emergency”); and WHEREAS, on April 6, 2020 at 6:00 p.m. E.D.T., Governor Carney issued the Tenth Modification to the COVID-19 State of Emergency declaration to further restrict the operation of non-essential businesses to limit the spread of COVID-19; and WHEREAS, on May 7, 2020 at 10:00 a.m. E.D.T., Governor Carney issued the Fifteenth Modification to the COVID-19 State of Emergency declaration to permit minimum operations by certain small businesses to begin a gradual process toward businesses reopening, and to extend deadlines for statewide, municipal, and school district elections due to the ongoing public health concerns caused by COVID-19; and WHEREAS, on May 22, 2020 at 4:00 p.m. E.D.T., Governor Carney issued the Nineteenth Modification to the COVID-19 State of Emergency declaration to permit all food and drink establishments (restaurants, taprooms, craft manufacturers, etc.) to apply to expand their outdoor seating for serving food and drinks by submitting to the appropriate political subdivision a plan that meets certain minimum requirements; and WHEREAS, Kent County Code, Chapter 205, Zoning permits outdoor seating for food and drink establishments but such expansion can be limited by minimum parking requirements; and WHEREAS, Kent County Levy Court supports the efforts of food and drink establishments to reopen as quickly as possible and assist in their recovery from the economic fallout of Covid-19.

Kent County Administrative Complex

555 Bay Road Dover, Delaware 19901

(Handicapped Accessible) (302) 744-2305

FAX: (302) 736-2279

“Serving Kent County With Pride”

NOW, THEREFORE BE IT RESOLVED that the Kent County Levy Court hereby temporarily suspends all minimum parking requirements associated with the expansion of outdoor seating at food and drink establishments. This suspension of minimum parking requirements shall automatically expire upon the expiration of the Governor’s order expanding outdoor seating for food and drink establishments.

P. Brooks Banta, President

Terry L. Pepper, Vice-President Allan F. Angel, Commissioner

Eric L. Buckson, Commissioner Jeffrey W. Hall, Commissioner

Glen M. Howell, Commissioner

George “Jody” Sweeney, Commissioner

ltanaka

Typewritten Text

**Additional information provided for Public Hearing of Resolution 3785. Pg 1/2

ltanaka

Typewritten Text

ltanaka

Typewritten Text

ltanaka

Typewritten Text

Pg 2/2

V:\PublicWorks\ADMIN\SEWER ASSESSMENTS\FY 2021 - Effective 070120\SSD ASSESSMENT - RESOLUTION #3785 KCSSDNO1 - 070120.doc

INTRODUCED BY: Commissioner Jeffrey W. Hall

INTRODUCTION DATE: May 26, 2020

PUBLIC HEARING DATE: June 9, 2020

EFFECTIVE DATE: July 1, 2020

RESOLUTION NO. 3785

FY 2021 Sewer Assessment Rolls for Kent County Sewage Disposal District No. 1 (KCSDD No. 1) as listed

Bakers Choice, Bowers Beach, Burtonwood Village, Capitol Park, Carlisle Village, Cheswold, Colony West, Dover Air

Force Base, Dykes Branch, East Dover, Felton, Frederica, Garrisons Lake I, Garrisons Lake II, Garrisons Lake IV,

Garrisons Lake V, Generals Greene, Greater Houston-Breeders Crown Farm, Greater Houston-Southfield, Hartly, Hilltop,

Isaacs, Kenton, Kitts Hummock, Little Creek, Little Heaven, Magnolia, Milford Neck Area, North Magnolia, Northeast

(NESSD), Smyrna/Clayton, South Central, Tidbury.

BE IT RESOLVED, that the annual Assessment Roll for Kent County Sewage Disposal District No. 1

(KCSDD No. 1) is accepted and adopted.

BE IT FURTHER RESOLVED, that the annual assessment be apportioned against the several lots and parcels

of land herein according to the previously established zones of assessments so that each parcel shall be annually assessed

in accordance with Tables I and II. The said assessments are to be billed in quarterly increments; therefore the sanitary

sewer district quarterly rate is calculated as in Table III.

HON. P. Brooks Banta, PRESIDENT

HON. Allan F. Angel, COMMISSIONER HON. Terry L. Pepper, VICE PRESIDENT HON. Eric L. Buckson, COMMISSIONER HON. George Wm. Sweeney, Sr., COMMISSIONER HON. Glen M. Howell, COMMISSIONER HON. Jeffrey W. Hall, COMMISSIONER ATTEST:


PUBLIC NOTICE

The Kent County Levy Court will hold a public hearing on Tuesday, June 9, 2020 at 7:00 p.m. via telephone

conference call concerning Resolution 3785: FY 2021 Sewer Assessment Rolls for Kent County Sewage Disposal

District No. 1 (KCSDD No. 1)

CALL IN NUMBER: 1-800-377-8846 PARTICIPANT PASSCODE: 92535882#

As listed below:

Bakers Choice, Bowers Beach, Burtonwood Village, Capitol Park, Carlisle Village, Cheswold, Colony West,

Dover Air Force Base, Dykes Branch, East Dover, Felton, Frederica, Garrisons Lake I, Garrisons Lake II, Garrisons Lake

IV, Garrisons Lake V, Generals Greene, Greater Houston-Breeders Crown Farm, Greater Houston-Southfield, Hartly,

Hilltop, Isaacs, Kenton, Kitts Hummock, Little Creek, Little Heaven, Magnolia, Milford Neck Area, North Magnolia,

Northeast (NESSD), Smyrna/Clayton, South Central, Tidbury.

The Assessment Rolls for each of the above referenced Sanitary Sewer Districts for the fiscal year of

July 1, 2020 to June 30, 2021 have been completed and filed and are available for inspection at the office of the Kent

County Levy Court located at 555 Bay Road, Dover, DE. The Assessment Rolls contain each respective Sanitary Sewer

District which will be assessed sewer charges together with the method of apportioning said assessments. At the public

hearing the Kent County Levy Court will hear and consider any objections to the Assessment Rolls. The Levy Court may

affirm and adopt the Assessment Rolls as it deems necessary or just. The Levy Court may affirm and adopt the

Assessment Rolls as originally proposed or amended or changed, or the Levy Court may prepare new Assessment Rolls as

it deems necessary or just.


STATE OF DELAWARE )

SS COUNTY OF KENT ) TO THE DIRECTOR OF FINANCE / COUNTY TREASURER OF KENT COUNTY GREETINGS: We command that you collect from the several persons named in the duplicate Sanitary Sewer District assessment

list of charges attached hereto for the fiscal year beginning July 1, 2020 for each connected user as defined in the

resolution adopting the Sewer District Assessment Roll, and if any person named in said duplicate shall not pay the said

rates after you have demanded the same, we command you in such case that you collect said taxes, or the part thereof

remaining unpaid, with lawful costs in the manner prescribed by law. Said charges are to be billed quarterly with the

charges for the use of the district sewage system.

And we further command you that you pay the amount which, according to the warrant and the annexed

duplicates you are required to collect, in the manner and within the times appointed by law in this behalf, hereto fail not at

your peril.

Given at the Kent County Administrative Complex in Dover, Delaware, by the order of the Levy Court, under the

hands of us, the Commissioners of said Court on the 9th day of June , A.D., 2020

SEAL OF THE OFFICE OF THE KENT COUNTY LEVY COURT

HON. P. Brooks Banta, PRESIDENT

HON. Allan F. Angel, COMMISSIONER HON. Terry L. Pepper, VICE PRESIDENT HON. Eric L. Buckson, COMMISSIONER HON. George Wm. Sweeney, Sr., COMMISSIONER HON. Glen M. Howell, COMMISSIONER HON. Jeffrey W. Hall, COMMISSIONER ATTEST:

Kent County Sewer District Assessment Roll - Fiscal Year 2021

(July 1, 2020 through June 30, 2021)(Public Hearing Date June 9, 2020)

Bakers Choice

BowersBeach

BurtonwoodVillage Capitol Park

CarlisleVillage Cheswold

ColonyWest

DAFB & Housing Dykes

TABLE I - ANNUAL DEBT SERVICEFacility Served

Single Family Residence 216.88 128.28 22.60 22.60 22.60 31.36 0.00 22.60 41.56

Multiple Family Residence (per EDU) 216.88 128.28 22.60 22.60 22.60 31.36 0.00 22.60 41.56

Apartments (per EDU) 216.88 128.28 22.60 22.60 22.60 31.36 0.00 22.60 41.56

Mobile Homes 216.88 128.28 22.60 22.60 22.60 31.36 0.00 22.60 41.56

Commercial (Rates based on Chapter 128, Kent County Code. Minimum amounts listed are for one EDU.) 216.88 128.28 22.60 22.60 22.60 31.36 0.00 22.60 41.56

Industrial (Rates based on Chapter 128, Kent County Code. Minimum amounts listed are for one EDU.) 216.88 128.28 22.60 22.60 22.60 31.36 0.00 22.60 41.56

Others (Rates based on Chapter 128, Kent County Code. Minimum amounts listed are for one EDU.) 216.88 128.28 22.60 22.60 22.60 31.36 0.00 22.60 41.56

Undeveloped Land which is defined as a parcel upon 0.00 34.88 0.00 0.00 0.00 0.00 0.00 0.00 40.20 which a building can be constructed pursuant to the Kent County Zoning Ordinance. (Rates based per acre or fraction thereof.)

Penalty on Past-Due Balance (1 1/2% per month, 18% per annum) 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2%

TABLE II - ANNUAL OPERATIONS AND MAINTENANCE

Uniform Rate 310.40 310.40 310.40 310.40 310.40 310.40 310.40 310.40 310.40

Contractual O&M Rate (Greater Houston) Note 1

TABLE III - CALCULATION OF QUARTERLY RATE

Quarterly Debt Service 54.22 32.07 5.65 5.65 5.65 7.84 0.00 5.65 10.39

Uniform Rate (Operating and Maintenance Cost) 77.60 77.60 77.60 77.60 77.60 77.60 77.60 77.60 77.60

Contractual O&M Rate (Greater Houston)

Quarterly Sewer Rate 131.82 109.67 83.25 83.25 83.25 85.44 77.60 83.25 87.99

Undeveloped Land 0.00 8.72 0.00 0.00 0.00 0.00 0.00 0.00 10.05

Directof of Finance Command for Assessment Collection:(Quarterly rates X 4 quarters)Connected User 527.28 438.68 333.00 333.00 333.00 341.76 310.40 333.00 351.96

Undeveloped Land 0.00 34.88 0.00 0.00 0.00 0.00 0.00 0.00 40.20




Single Family Residence

Multiple Family Residence (per EDU)

Apartments (per EDU)

Mobile Homes

Commercial (Rates based on Chapter 128, Kent County Code. Minimum amounts listed are for one EDU.)

Industrial (Rates based on Chapter 128, Kent County Code. Minimum amounts listed are for one EDU.)

Others (Rates based on Chapter 128, Kent County Code. Minimum amounts listed are for one EDU.)

Undeveloped Land which is defined as a parcel upon which a building can be constructed pursuant to the Kent County Zoning Ordinance. (Rates based per acre or fraction thereof.)

Penalty on Past-Due Balance (1 1/2% per month, 18% per annum)


Uniform Rate



Quarterly Debt Service

Uniform Rate (Operating and Maintenance Cost)


Quarterly Sewer Rate

Undeveloped Land

Directof of Finance Command for Assessment Collection:(Quarterly rates X 4 quarters)Connected User

Undeveloped Land

East Dover Felton FredericaGarrisons

Lake IGarrisons

Lake IIGarrisons

Lake IVGarrisons

Lake VGeneralsGreene

Greater Houston - Breeders

Crown

272.52 51.36 51.36 22.60 22.60 22.60 22.60 22.60 394.20

272.52 51.36 51.36 22.60 22.60 22.60 22.60 22.60 394.20

272.52 51.36 51.36 22.60 22.60 22.60 22.60 22.60 394.20

272.52 51.36 51.36 22.60 22.60 22.60 22.60 22.60 394.20

272.52 51.36 51.36 22.60 22.60 22.60 22.60 22.60 394.20

272.52 51.36 51.36 22.60 22.60 22.60 22.60 22.60 394.20

272.52 51.36 51.36 22.60 22.60 22.60 22.60 22.60 394.20

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2%

310.40 310.40 310.40 310.40 310.40 310.40 310.40 310.40

792.80

68.13 12.84 12.84 5.65 5.65 5.65 5.65 5.65 98.55

77.60 77.60 77.60 77.60 77.60 77.60 77.60 77.60

202.90

145.73 90.44 90.44 83.25 83.25 83.25 83.25 83.25 301.45

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

582.92 361.76 361.76 333.00 333.00 333.00 333.00 333.00 1,205.80

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00







Mobile Homes







Uniform Rate







Undeveloped Land


Undeveloped Land

Greater Houston - Southfield Hartly Hilltop Isaacs Kenton

Kitts Hummock

LittleCreek

LittleHeaven Magnolia

0.00 364.28 219.04 22.60 194.40 510.60 76.12 0.00 0.00

0.00 364.28 219.04 22.60 194.40 510.60 76.12 0.00 0.00

0.00 364.28 219.04 22.60 194.40 510.60 76.12 0.00 0.00

0.00 364.28 219.04 22.60 194.40 510.60 76.12 0.00 0.00

0.00 364.28 219.04 22.60 194.40 510.60 76.12 0.00 0.00

0.00 364.28 219.04 22.60 194.40 510.60 76.12 0.00 0.00

0.00 364.28 219.04 22.60 194.40 510.60 76.12 0.00 0.00

0.00 0.00 0.00 0.00 0.00 0.00 89.72 0.00 0.00

1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2%

310.40 310.40 310.40 310.40 310.40 310.40 310.40 310.40

792.80

0.00 91.07 54.76 5.65 48.60 127.65 19.03 0.00 0.00

77.60 77.60 77.60 77.60 77.60 77.60 77.60 77.60

202.90

202.90 168.67 132.36 83.25 126.20 205.25 96.63 77.60 77.60

0.00 0.00 0.00 0.00 0.00 0.00 22.43 0.00 0.00

811.60 674.68 529.44 333.00 504.80 821.00 386.52 310.40 310.40

0.00 0.00 0.00 0.00 0.00 0.00 89.72 0.00 0.00







Mobile Homes







Uniform Rate







Undeveloped Land


Undeveloped Land

Milford Neck

North Magnolia

Northeast(NEESD)

Smyrna-Clayton

SouthCentral Tidbury

794.00 411.64 235.00 22.60 157.00 22.60

794.00 411.64 235.00 22.60 157.00 22.60

794.00 411.64 235.00 22.60 157.00 22.60

794.00 411.64 235.00 22.60 157.00 22.60

794.00 411.64 235.00 22.60 157.00 22.60

794.00 411.64 235.00 22.60 157.00 22.60

794.00 411.64 235.00 22.60 157.00 22.60

0.00 0.00 0.00 0.00 0.00 0.00

1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2% 1 1/2%

310.40 310.40 310.40 310.40 310.40 310.40

198.50 102.91 58.75 5.65 39.25 5.65

77.60 77.60 77.60 77.60 77.60 77.60

276.10 180.51 136.35 83.25 116.85 83.25

0.00 0.00 0.00 0.00 0.00 0.00

1,104.40 722.04 545.40 333.00 467.40 333.00

0.00 0.00 0.00 0.00 0.00 0.00

V:\PublicWorks\SSD_expan&creat\EAST DOVER\Rojan Meadows Sub\SAB & LC\RESOLUTION 3787 & 3788 - SEWER - ROJAN MEADOWS -EAST DOVER AREA.doc

INTRODUCED BY: Commissioner Allan Angel INTRODUCTION DATE: May 26, 2020 PUBLIC HEARING DATE: June 9, 2020 PUBLIC HEARING TIME: 7:00 p.m. ADOPTION DATE: EFFECTIVE DATE:

RESOLUTION NO. 3788

A RESOLUTION UPON A PROPOSAL TO EXTEND KENT COUNTY SEWAGE DISPOSAL DISTRICT NO. 1

PURSUANT TO SECTION 4606, CHAPTER 46, TITLE 9 OF THE DELAWARE CODE, AS AMENDED.

EAST DOVER AREA – ROJAN MEADOWS SUBDIVISION

WHEREAS, Kent County Sewage Disposal District No. 1 was duly established pursuant to Section 4606, Title 9 of the Delaware Code, as amended, on October 1, 1968; and WHEREAS, the Kent County Levy Court ("Levy Court"), pursuant to Section 4603, Title 9 of the Delaware Code, as amended, has assembled data, developed plans, made studies, and caused a report including maps and plans to be prepared for the extension of the Kent County Sewage Disposal District No. 1; and WHEREAS, Levy Court adopted Resolution No. 3787, on May 26, 2020, accepting said report, maps and plans, and calling a public hearing upon the proposal to extend Kent County Sewage Disposal District No. 1 to be held on Tuesday, June 9, 2020, upon the proposal to extend said district to comprise the area defined in such maps and plans (attached hereto), and WHEREAS, Levy Court pursuant to Section 4604, Title 9 of the Delaware Code, as amended, caused notices of said public hearing to be posted and published containing a description of the area to be included within the proposed extended district, and specifying the time and place where Levy Court would meet to consider the matter and hear all parties interested therein, and WHEREAS, said public hearing was held on Tuesday, June 9, 2020, a full discussion of the matter was had, and all persons for and against the extension of Kent County Sewage Disposal District No. 1 were heard. NOW, therefore, upon the evidence assembled and developed by the Levy Court and upon the evidence given at such hearing, and after due consideration of the maps and plans, reports, recommendations and other data, BE IT RESOLVED as follows: A. That the proposed county sewer district extension is satisfactory and sufficient, and adequate and appropriate, B. That all of the property and property owners within the proposed district are benefited directly or indirectly thereby, C. That all of the properties and property owners so benefited are included within the limits of the proposed extended district, and D. That it is in the public interest to extend the district in the manner proposed.

Page 1 of 3


BE IT FURTHER RESOLVED: A. That Kent County Sewage Disposal District No. 1 is hereby extended and shall be limited, bounded and described as all lands, incorporated or otherwise, in Kent County currently served or to be served directly or indirectly by central sanitary sewer maintained in whole or in part by Kent County as described and shown on Map No(s). 1 of 1 entitled “Extension of Kent County Sewage Disposal District No.1,” prepared by the Department of Public Works, dated May 26, 2020, attached hereto and incorporated herein by this reference. B. That this resolution is subject to referendum upon petition pursuant to Section 4607, Title 9 of the Delaware Code, as amended, and C. That granting this extension of Kent County Sewage Disposal District No. 1 does not constitute a guaranty of wastewater treatment capacity at the time of the actual development of the properties located within this extension, or at any time prior to the County’s acceptance of all the applicable fees, including but not limited to the Sanitary Sewer District Expansion Fee and/or the Main System Capital Improvement Fee, or such other standards as may be imposed by Kent County Levy Court or the Department of Public Works, and D. That the assessment rolls imposed by Kent County Levy Court for said extension be based on the debt service of the Kent County Sewage Disposal District No. 1 area infrastructure serving the anticipated wastewater discharges.

E. That granting this extension of Kent County Sewage Disposal District No. 1, based on an estimated number of equivalent dwelling units, does not constitute a step in the land use approval process as administered by the City of Dover, and

F. That granting this extension of Kent County Sewage Disposal District No. 1 does not limit the

discretion in the land use approval process as administered by the City of Dover, and G. That this resolution shall become effective thirty days from the date of Adoption thereof or upon the date of approval of the resolution by the eligible voters in the district if a referendum is held. ADOPTED BY THE LEVY COURT OF KENT COUNTY, DELAWARE P. BROOKS BANTA PRESIDENT, KENT COUNTY LEVY COURT THIS DAY OF , 2020 BRENDA WOOTTEN CLERK OF THE PEACE, KENT COUNTY, DELAWARE

Page 2 of 3


PRELIMINARY REPORT ASSESSING THE EXTENSION OF KENT COUNTY SEWAGE DISPOSAL DISTRICT NO. 1 DATE: May 26, 2020


This report was prepared by the Kent County Department of Public Works in accordance with Title 9 of the Delaware Code, Section 4619, “Extension Of The (Sewer) District”. Kent County Sewage Disposal District No. 1 was created by resolution on October 1, 1968 in accordance with Title 9 of the Delaware Code. A. Property Name: Rojan Meadows Subdivision Estimated EDU’s: 159 Parcel Map No: ED-05-077.00-02-03.00 As depicted on the attached map, the proposed Rojan Meadows Subdivision is located on the south side of North Little Creek Road within the municipal boundaries of the City of Dover (a Contract User) and is adjacent to the Grandview and M & S Mobile Home Parks (MHP’s). These existing MHP’s were part of a septic elimination project in 2014. A substantial portion of the existing core gravity sanitary sewer system was installed through the Rojan Meadows property. The City currently does not have sanitary sewer service directly available for this subdivision and is willing to relinquish its right to provide sanitary sewer service at this location. A letter from the City Manager formally relinquishing their rights to provide sanitary sewer service to this property and approving connection to County sewer is attached. The Contract User Agreement between Kent County and the City of Dover was revised and executed in October 2019 in preparation for this proposal. Please be advised the County sewer service aspect does not affect the actual land use as regulated by the City of Dover. The applicant/developer will be responsible for the design, permitting, easement acquisition, and construction of the proposed infrastructure. Additionally, the property owner of each lot will be responsible for the payment of the residential sewer permit and both of the impact fees at the Kent County Department of Public Works before the City of Dover would issue a building permit. There is adequate capacity in the sanitary sewer system to accommodate the proposed 159 EDU’s. Therefore, based on the request and subsequent analysis, both the Sewer Advisory Board and staff recommend approval of the extension of Parcel No. ED-05-077.00-02-03.00 to KCSDD1 - East Dover Area.

Page 3 of 3

?¡

?«)h

N

Extension of Kent County Sewage Disposal District No.1

EX Service Area PortionKCSDD No. 1Contract UserTax ParcelsProposal Area

Date: May 26, 2020Q:Workspace/GEORGE/Rojan_Meadows_SSDexpand

Map 1 of 1East Dover AreaRojan Meadows

0 400200Feet

RESOLUTIONNos. 3787 - 3788

May 26, 2020

Bay Road Route 1

NORTH LITTLE CREEK ROAD

DOVER

LANDS OF ROJAN MEADOWS, L.L.C

ED-05-077.00-02-03.00

Bay Road Route 1

DOVER EAST ESTATES, LLC

DOVER DE PARKS LLC

CITY OF

DOVER


NOTICE OF PUBLIC HEARING

EXTENSION OF KENT COUNTY SEWAGE DISPOSAL DISTRICT NO. 1


Notice is hereby given that the Levy Court of Kent County, Delaware, will hold a Public Hearing via telephone conference call, on Tuesday, June 9, 2020, at 7:00 p.m. prevailing time, to hear all persons interested in the proposed extension of Kent County Sewage Disposal District No. 1, located in Kent County, Delaware.


At said Public Hearing, all persons interested in the proposed extension of said district shall be entitled to object or to be heard generally as to the proposed extension of said district and as to whether any properties benefited directly or indirectly are omitted from said proposed extended district. Said proposed extended district and the sewage system therein are described and shown in a certain report prepared by the Kent County Department of Public Works, entitled “Preliminary Report Assessing the Extension of Kent County Sewage Disposal District No. 1”, dated May 26, 2020, copies of which are on file in the office of the Kent County Department of Public Works, located at 555 Bay Road, Dover, Delaware. Said proposed extended district encompasses all lands, incorporated or otherwise, in Kent County served or to be served directly or indirectly by a central sanitary sewer, maintained in whole or in part by Kent County, as described and shown on Map No(s). 1 of 1 entitled “Extension of Kent County Sewage Disposal District No.1,” prepared by the Department of Public Works, dated May 26, 2020, located within the certain report mentioned above and generally listed below.


ED-05-077.00-02-03.00 The previous described properties are subject to any right-of-ways, easements, or restrictions as may be shown or noted in any public records, or any regulations or requirements of any public agency. Zones of assessment and the allocation of cost may be changed from time to time by resolution of the County government after public hearing and when the County government determines that same is in the public interest. This resolution is subject to referendum upon petition.

Page 2 of 3

V:\PublicWorks\SSD_expan&creat\Frederica South (S CENTRAL)\Asbury Square (Commercial)\JMER LLC Properties\RESOLUTION 3791 & 3792 - SEWER - JMER LLC PROP FREDERICA SOUTH.docx

INTRODUCED BY: Commissioner Eric Buckson INTRODUCTION DATE: May 26, 2020 PUBLIC HEARING DATE: June 9, 2020 PUBLIC HEARING TIME: 7:00 p.m. ADOPTION DATE: EFFECTIVE DATE:

RESOLUTION NO. 3792

A RESOLUTION UPON A PROPOSAL TO EXTEND KENT COUNTY SEWAGE DISPOSAL DISTRICT NO. 1

PURSUANT TO SECTION 4606, CHAPTER 46, TITLE 9 OF THE DELAWARE CODE, AS AMENDED.

FREDERICA SOUTH AREA – JMER LLC, PROPERTIES

WHEREAS, Kent County Sewage Disposal District No. 1 was duly established pursuant to Section 4606, Title 9 of the Delaware Code, as amended, on October 1, 1968; and WHEREAS, the Kent County Levy Court ("Levy Court"), pursuant to Section 4603, Title 9 of the Delaware Code, as amended, has assembled data, developed plans, made studies, and caused a report including maps and plans to be prepared for the extension of the Kent County Sewage Disposal District No. 1; and WHEREAS, Levy Court adopted Resolution No. 3791, on May 26, 2020, accepting said report, maps and plans, and calling a public hearing upon the proposal to extend Kent County Sewage Disposal District No. 1 to be held on Tuesday, June 9, 2020, upon the proposal to extend said district to comprise the area defined in such maps and plans (attached hereto), and WHEREAS, Levy Court pursuant to Section 4604, Title 9 of the Delaware Code, as amended, caused notices of said public hearing to be posted and published containing a description of the area to be included within the proposed extended district, and specifying the time and place where Levy Court would meet to consider the matter and hear all parties interested therein, and WHEREAS, said public hearing was held on Tuesday, June 9, 2020, a full discussion of the matter was had, and all persons for and against the extension of Kent County Sewage Disposal District No. 1 were heard. NOW, therefore, upon the evidence assembled and developed by the Levy Court and upon the evidence given at such hearing, and after due consideration of the maps and plans, reports, recommendations and other data, BE IT RESOLVED as follows: A. That the proposed county sewer district extension is satisfactory and sufficient, and adequate and appropriate, B. That all of the property and property owners within the proposed district are benefited directly or indirectly thereby, C. That all of the properties and property owners so benefited are included within the limits of the proposed extended district, and D. That it is in the public interest to extend the district in the manner proposed.

Page 1 of 3


BE IT FURTHER RESOLVED: A. That Kent County Sewage Disposal District No. 1 is hereby extended and shall be limited, bounded and described as all lands, incorporated or otherwise, in Kent County currently served or to be served directly or indirectly by central sanitary sewer maintained in whole or in part by Kent County as described and shown on Map No(s). 1 of 1 entitled “Extension of Kent County Sewage Disposal District No.1,” prepared by the Department of Public Works, dated May 26, 2020, attached hereto and incorporated herein by this reference. B. That this resolution is subject to referendum upon petition pursuant to Section 4607, Title 9 of the Delaware Code, as amended, and C. That granting this extension of Kent County Sewage Disposal District No. 1 does not constitute a guaranty of wastewater treatment capacity at the time of the actual development of the properties located within this extension, or at any time prior to the County’s acceptance of all the applicable fees, including but not limited to the Sanitary Sewer District Expansion Fee and/or the Main System Capital Improvement Fee, or such other standards as may be imposed by Kent County Levy Court or the Department of Public Works, and D. That the assessment rolls imposed by Kent County Levy Court for said extension be based on the debt service of the Kent County Sewage Disposal District No. 1 area infrastructure serving the anticipated wastewater discharges.

E. That granting this extension of Kent County Sewage Disposal District No. 1, based on an estimated number of equivalent dwelling units, does not constitute a step in the land use approval process as administered by the Town of Frederica, and

F. That granting this extension of Kent County Sewage Disposal District No. 1 does not limit the

discretion in the land use approval process as administered by the Kent County Planning Department, and

G. That this resolution shall become effective thirty days from the date of Adoption thereof or upon the date of approval of the resolution by the eligible voters in the district if a referendum is held. ADOPTED BY THE LEVY COURT OF KENT COUNTY, DELAWARE P. BROOKS BANTA PRESIDENT, KENT COUNTY LEVY COURT THIS DAY OF , 2020 BRENDA WOOTTEN CLERK OF THE PEACE, KENT COUNTY, DELAWARE

Page 2 of 3


PRELIMINARY REPORT ASSESSING THE EXTENSION OF KENT COUNTY SEWAGE DISPOSAL DISTRICT NO. 1 DATE: May 26, 2020


This report was prepared by the Kent County Department of Public Works in accordance with Title 9 of the Delaware Code, Section 4619, “Extension Of The (Sewer) District”. Kent County Sewage Disposal District No. 1 was created by resolution on October 1, 1968 in accordance with Title 9 of the Delaware Code. A. Property Name: JMER, LLC Properties Estimated EDU’s: 97 Parcel Map No: MD-08-141.00-01-06.00, 07.00 and 08.00 The Engineering Division received a request for County sanitary sewer (SS) service/extension from the respective legal owners of their three (3) properties: Parcel Nos. MD-08-141.00-01-06.00, 07.00, and 08.00. The properties are located on the north side of Frederica Road. The remaining, seven proposal properties are already legally located in KCSDD1. Please refer to the attached map. Staff prepared a Technical Feasibility Study (TFS), dated February 26, 2020, for the proposed sewer service. The proposal would be comprised of a mixed commercial use (hotel, retail, restaurants, & convenience store). As shown on the attached map, the proposed infrastructure would entail a proposed gravity main system connecting to an existing, gravity main system. There is adequate capacity in the existing, downstream SS systems to accommodate the proposed estimated 97 EDU’s, based on proposed unit information provided by the applicants. The applicants have formally agreed to the findings of the Technical Feasibility Study (TFS). The applicants will be responsible for the design, permitting, and construction of the proposed infrastructure. All proposed, SS systems located in the public ROW and/or dedicated easements will be the responsibility of Kent County to own, operate, and maintain. The owner/applicant for each proposed EDU is responsible for the payment of the commercial sewer permits and both impact fees for sewer connection. Approval of sewer service does not affect or modify land use and/or zoning; in this case, as regulated by the Town of Frederica. Therefore, based on the request and subsequent analysis, both the Sewer Advisory Board and staff recommend approval of the extension of Parcel Nos. MD-08-141.00-01-06.00, 07.00 and 08.00 to KCSDD1 – Frederica South Area.

Page 3 of 3

?¡

N

Extension of Kent County Sewage Disposal District No.1

EX Service Area PortionKCSDD No. 1Contract UserTax ParcelsProposal Area

Date: May 26, 2020Q:Workspace/GEORGE/JMER_Properties_SSDexpand

Map 1 of 1Frederica South Area

JMER Properties

0 375187.5Feet

RESOLUTIONNos. 3791 - 3792

May 26, 2020

Bay Road Route 1

FREDERICA ROAD

FREDERICA

DE TURFSPORTS COMPLEX

5-08-14100-01-0600-00001

5-08-14100-01-0700-00001

5-08-14100-01-0800-00001


NOTICE OF PUBLIC HEARING

EXTENSION OF KENT COUNTY SEWAGE DISPOSAL DISTRICT NO. 1


Notice is hereby given that the Levy Court of Kent County, Delaware, will hold a Public Hearing via telephone conference call, on Tuesday, June 9, 2020, at 7:00 p.m. prevailing time, to hear all persons interested in the proposed extension of Kent County Sewage Disposal District No. 1, located in Kent County, Delaware.


At said Public Hearing, all persons interested in the proposed extension of said district shall be entitled to object or to be heard generally as to the proposed extension of said district and as to whether any properties benefited directly or indirectly are omitted from said proposed extended district. Said proposed extended district and the sewage system therein are described and shown in a certain report prepared by the Kent County Department of Public Works, entitled “Preliminary Report Assessing the Extension of Kent County Sewage Disposal District No. 1”, dated May 26, 2020, copies of which are on file in the office of the Kent County Department of Public Works, located at 555 Bay Road, Dover, Delaware. Said proposed extended district encompasses all lands, incorporated or otherwise, in Kent County served or to be served directly or indirectly by a central sanitary sewer, maintained in whole or in part by Kent County, as described and shown on Map No(s). 1 of 1 entitled “Extension of Kent County Sewage Disposal District No.1,” prepared by the Department of Public Works, dated May 26, 2020, located within the certain report mentioned above and generally listed below.


MD-08-141.00-01-06.00, 07.00 and 08.00 The previous described properties are subject to any right-of-ways, easements, or restrictions as may be shown or noted in any public records, or any regulations or requirements of any public agency. Zones of assessment and the allocation of cost may be changed from time to time by resolution of the County government after public hearing and when the County government determines that same is in the public interest. This resolution is subject to referendum upon petition.

Page 2 of 3

MEMORANDUM OFFICE OF THE ADMINISTRATOR 555 BAY ROAD DOVER, DELAWARE 19901 PHONE: (302)744-2305 TO: Levy Court Commissioners FROM: Mike Petit de Mange, AICP County Administrator DATE: June 5, 2020 SUBJECT: Shoreline Vinyl Systems Company – Request for Tax Abatement You will recall that in May of 2019, Levy Court approved a request for Tax Abatement to Shoreline Vinyl Systems Company as an incentive relative to the purchase and improvement of real property located at 144 Fork Branch Road, near Cheswold which is the former location of Reichhold Chemical Company. Ultimately, Shoreline Vinyl, Systems did not purchase the Reichhold Property, and instead purchased the former PPG Architectural Finishes Property located at 1886 Lynnbury Woods Road north of Cheswold. The PPG Property was settled on January 23, 2020. The Company is in the process of retrofitting the property and building as a manufacturing facility for the fabrication, assembly and distribution of fencing and related vinyl products. Shoreline Vinyl now seeks consideration of the property at 1886 Lynnbury Woods Road for Real Estate Tax Abatement pursuant to the provisions of Kent County Code Chapter 191, Article VI. Kent County Real Estate Tax Exemption for Industries (See Kent County Code, Ch. 191, Article VI) As you may be aware, Kent County offers a Tax Abatement Program for Qualified Industries that are investing in Kent County and creating employment opportunities. The County Program involves a 10 Year progressive tax abatement that begins in Year One with a 90% reduction in the County Property Tax. The Property Tax increases by 10% over each of the next nine years until the Property is taxed at 100% in Year Ten. The minimum requirements for consideration of Qualified Industries engaged in a Qualified Activity is that at least $500,000 is being invested in Real Property in Kent County, and that at least four (4) permanent full time jobs are being created at the benefited property. Under the Ordinance, Levy Court enjoys absolute and complete discretion in determining whether or not to approve any request for Tax Abatement.

2

Memo to Levy Court Commissioners RE: Tax Abatement Request – Shoreline Vinyl June 5, 2020 Page 2 Staff has determined that the fabrication and assembly of fencing products from stock materials is a Qualifying Activity. The total projected level of investment approaching $17.2 Million certainly meets the minimum investment requirement, and the establishment of 85 full-time positions would qualify Shoreline Vinyl Systems Company for the Kent County Tax Abatement Program. Shorelines costs include: Site Acquisition at $4.3 Million; Building Improvements at $1.9 Million; and Equipment Costs at $11 Million. In addition, Shoreline has invested $250,000 in a portion of the main building that is leased to a tenant that employs 40 full time positions. Should Levy Court be inclined to favor awarding Tax Abatement to Shoreline Vinyl Systems Company for its planned acquisition and industry expansion on the property located at 1886 Lynnbury Woods Road, the following Motion is offered for consideration: MOTION: I move to approve a 10 Year Kent County Property Tax Abatement for the real property located at 1886 Lynnbury Woods Road, in Kent County, Delaware for, and in support of the acquisition, renovation, and restoration of the Subject Property by Shoreline Vinyl Systems Company with Year One of said Tax Abatement to begin upon receipt of written certification by the Kent Economic Partnership and Shoreline Vinyl Systems Company that investment of at least $500,000 in the Facility to be utilized for the Qualified Activity, and the hiring of at least four (4) new full time employees at the Facility have been completed, and in accordance with all other applicable provisions of Kent County Code, Chapter 191, Article VI as amended. This item has been scheduled for review and consideration during the Administration Committee Meeting of Tuesday, June 9, 2020. Should you have any questions, please contact Linda Parkowski or myself and we will be happy to discuss. Thank you.

MEMORANDUM KENT COUNTY DEPARTMENT OF PLANNING SERVICES 555 BAY ROAD DOVER, DELAWARE 19901 TO: Levy Court Commissioners CC: Michael J. Petit de Mange, AICP, County Administrator Craig T. Eliassen, Esquire FROM: Sarah E. Keifer, AICP, Director, Department of Planning Services DATE: May 28, 2020 SUBJECT: Round 24 – Agricultural Land Preservation – Purchase of Development

Rights The Delaware Agricultural Lands Foundation forwarded a list of 13 properties for consideration of funding for Round 24 of their purchase of development rights program. A complete list of the properties is attached. The Delaware Department of Agriculture conducts its own priority ranking for these properties based upon the percent of discount offered. The Levy Court established the following criteria in evaluating properties:

• Location outside of the Growth Zone Overlay District • Consistency with Kent County Comprehensive Plan Recommendations • LESA Score of “Good” to “High” • Adjacency to Lands for which Development Rights have been purchased • Highest Percent of Discount Market Value

The Levy Court has budgeted $200,000 to contribute to the purchase of development rights program in FY 20. For this round, the Foundation is purchasing easements for all 13 properties. One property is within the Growth Zone Overlay District and six are not adjacent to existing preserved land. All properties are offering a discount rate of at least fifty percent. Therefore, staff recommends Levy Court consider contributing the $200,000 toward the remaining six properties:

Table 1

Project ID LESA Acres Discount % Estimated Easement Purchase K-18-08-043I 201 40.3 65.00% $34,502 K-10-02-093I 190 131.1 65.00% $187,957 K-19-05-025N

246 157.2 65.00% $174,027

K-19-09-060C 235 76.36 55.00% $163,382 K-18-12-205X 240 38.16 52.00% $103,176 K-17-07-184B

194 36.8 50.00% $63,331

886.32 Suggested Motion

I move to approve the authorization of expenditures of the Kent County FY 20 budgeted funding for Agricultural Land Preservation totaling $200,000 as the Kent County contribution for the purchase of development rights for the properties included in Table 1 in the memorandum from staff dated May 28, 2020.

This item is scheduled for discussion at the June 2, 2020 Planning Services Committee Meeting. Please do not hesitate to contact me directly with any questions prior to the meeting. Thank you.

Round 24 Properties

Project ID LESA Acres Discount % Estimated Easement Purchase

K-19-09-210B 227 66.1 73.00% $76,071

K-19-08-238A 219 193 65.50% $332,383

K-19-08-238B 209 76.25 65.50% $152,362

K-18-08-043I 201 40.3 65.00% $34,502 K-17-12-127D 24.72 68.00% $68,813 K-19-09-290 192 275.3 61.10% $898,826

K-10-02-093I 190 131.1 65.00% $187,957

K-19-05-025N 246 157.2 65.00% $174,027

K-16-12-088K 175 73.08 61.00% $129,423

K-17-11-024C 181 19.6 60.00% $39,062 K-19-09-060C 235 76.36 55.00% $163,382

K-18-12-205X 240 38.16 52.00% $103,176

K-17-07-184B 194 36.8 50.00% $63,331

kent county levy court combined meeting notice and … · 09/06/2020 · kent county levy court...

Documents