minutes of the kent county levy court regular business meeting kent

MINUTES OF THE KENT COUNTY LEVY COURT
REGULAR BUSINESS MEETING
KENT COUNTY ADMINISTRATIVE COMPLEX
555 BAY ROAD, DOVER, DE
LEVY COURT CHAMBER, ROOM 203
Tuesday, April 15, 2014
Call to Order
The Regular Business meeting of the Kent County Levy Court was called to order
at 7:00 P.M. by President Banta.
Invocation & Pledge of Allegiance
The Invocation was led by Mr. Howell and the Pledge of Allegiance was led by
Mr. Pepper.
Moment of Silence for our Troops
A moment of silence was observed for our Troops led by Mr. Sweeney.
Roll Call and Determination of Quorum
Bradley S. Eaby
Allan F. Angel
Eric L. Buckson
Glen M. Howell
Terry L. Pepper
George W. Sweeney, Sr.
P. Brooks Banta
Vice President
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
President
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There are seven (7) Commissioners present.
Additions/Deletions to Agenda
Adoption of the Agenda - No motion was made
Consent Agenda 14-05
The items on the Consent Agenda were discussed in Committee on
Tuesday, APlil 8, 2014. They are considered routine andlor non­
controversial and will be acted upon by a single roll call vote of the Levy
Court. There will be no separate discussion of this item unless a
Commissioner so requests, in which event the item shall be removed from
the Consent Agenda and considered separately under New Business.
Items/rom the April 8, 2014 Committee Meetings:
• Monthly Recreation Center Update (Selection of Building Option)
• Approval of Revised Little Heaven Utility Relocation Agreement
wlDelDOT
• Calpine Corporation, Garrison Energy Center Waiver Request
• Multiple Vehicle and Equipment Purchase
• Housing Rehab Change Order >25% of Base Contract
M-055-14
Motion was made by Mr. Eaby seconded by Mr. Howell and carried by Roll Call
vote seven (7) yeas to adopt Consent Agenda 14-05 as presented.
Approval of Regular Business Meeting Minutes of Tuesday, March 25,2014.
M-056-14
Motion was made by Mr. Sweeney, seconded by Mr. Pepper and carried by Roll
Call vote seven (7) yeas to adopt the Regular Business Meeting Minutes of
Tuesday, March 25,2014 as presented.
PRESENTATIONS
1.
Tribute to Terry L. Pepper, Delaware Technical and Community
College Distinguished Alumni Award Recipient
Ms. Tanaka read into the record the Tribute to Terry L. Pepper. Mr. Pepper, a
lifelong Delawarean, graduated from DTCC, Terry campus, in 1976 with an
Associate's Degree in Criminal Justice and later obtained a Bachelor's Degree in
Marketing/Business Admin. from DSU. Upon graduation from the DE State
Police Academy in 1977, he began his career serving as a State Trooper. He was
active in politics and was elected to Kent County Levy Court as Commissioner at
Large from 1994-1998, winning re-election in 2010. Kent County Levy Court
extends congratulations to Mr. Pepper for being selected a Delaware Technical
Community College 2014 Distinguished Alumnus.
All Commissioners gathered down front to make the presentation.
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0411512014
INTRODUCTIONS - None
PUBLIC HEARINGS - None
OLD BUSINESS - None
NEW BUSINESS
Mr. Buckson:
1. Resolution 3417 - A Resolution calling a public hearing upon a proposal
to extend Kent County Sewage Disposal District No. 1 (Cypress Branch
Area - Hilltop MHP Sewer Expansion Project - Additional Properties)
M-057-14 Mr. Buckson moved to approve Resolution 3417; seconded by Mr. Angel; carried
by Roll Call vote seven (7) yeas.
2. Introduction of Resolution 3418 - KCSDD No.1 (KCSDD1) Proposed
Sewer Extension - Cypress Branch Area - Hilltop MHP Sewer Expansion
Project - Additional Properties) for public hearing on April 29, 2014 at
7PM
For introduction, Mr. Buckson read Resolution 3418 into the record for
introduction of public hearing.
3. Introduction of Ordinance LCI4-08: APFO-Schools; An Ordinance to
amend Kent County Code, Vol. II, Chapter 187 subdivision and Land
Development, effective June 10, 2003, as amended, Article XVII
Supplementary Regulations, § 187-90.2 Adequate public facilities, Item
F(4) Schools, to permit a broader use of Census data in determining
student generation and further defining generation rate by housing type
and item F(4)(e)[2] Mitigation to provide that only 35% of the local share
shall be used to calculate the appropriate mitigation payment, to provide
an updated illustration of the fee calculation, and to create an exemption
for development meeting the Fair Housing Act definition and
requirements for housing for older persons for public hearing on
Tuesday, May 27,2014 at 7PM
Mr. Buckson read Ordinance LC14-08 into the record as Introduction only.
Mr. Eaby:
1.
Introduction of Resolution 3433, Delaware Transit Corporation,
Reimbursable Transportation Budget, unexpended FY13 Grant Fund
Balance Distribution for public hearing on May 27,2014 at 7PM
Mr. Eaby read Resolution 3433 into the record for introduction for public hearing.
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2.
FY2015 ANNUAL OPERATING BUDGET: Introduction of the
following Ordinances and Resolutions pertaining to the Fiscal year 2015
Budget for public hearing on April 29, 2014 at 7PM:
Introductions of the following Ordinances and Resolutions pertaining to
the Fiscal Year 2015 Budget for public hearing on April 29, 2014 at 7 PM:
1.
2.
3.
4.
5.
6.
Resolution 3419 - FYl5 Property Tax Rate
Resolution 3420 - FYl5 Old Mill Acres Suburban Park District Tax Rate
Resolution 3421 - FYI5 Royal Grant Suburban Park District Tax Rate
Resolution 3422 - FY15 Eagles Nest Suburban Park District Tax Rate
Resolution 3423 - Kent County Disposal District No.1 User Rates
Resolution 3424 - FYl5 Kent County Library District Tax Rate
(unincorporated areas)
Resolution 3425 - FY15 Milford Library District Tax Rate
Ordinance LC14-06, An Ordinance adopting the Annual Operating
Budget for Kent County Delaware, for the fiscal year begirming on July 1,
2014 and ending June 30, 2015
Ordinance LC14-07, An Ordinance adopting the Annual Operating
Budget for the Library Tax District of Kent County, Delaware for the
fiscal year begirming July 1, 2014
Resolution 3426 - Command to the Director of Finance to collect Sewer
Delinquent Accounts by District as of March 31, 2014
7.
8
9.
10.
All the above Resolutions and Ordinances were read into the record for
Introduction by Mr. Eaby for Public Hearing on April 29, 2014 at 7PM.
Mr. Angel:
1.
Resolution 3431, Opposition to House Bill 230
Resolution 3431 was read into the record by Mr. Angel. This Resolution is
referred to by title as the "Family Financial Protection Act" and was introduced
in the DE House of Rep. and assigned to the House Economic
Dev./Banking/lns./Commerce Committee for review and recommendation.
Certain provisions of HB230 as written may disrupt and/or prevent legitimate,
reasonable, and well established debt collection processes. DE Code, Title 9,
Chapter 45, Subchapter II establishes a monition method of sale in Kent County
for the collection of unpaid service charges for water system and wastewater
treatment services, which sets forth a process for the debt collection in support of
publicly owned and operated water utility services that operate solely on service
fees charged to customers of the water utility service. DE Code, Title 9, Chapter
87, Subchapter II establishes a monition method of sale for the collection of
delinquent property taxes owed to the County Government, and upon which the
County Government depends to cover significant costs associated with the
provision of general government services. Kent County levy Court relies upon
the above-referenced provisions of DE Code to reasonably and equitably collect
monies owed to the County Government in the public interest, and believes that
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04/15/2014
HB230, if enacted as written, may threaten, disrupt or other wise prevent the
County Government from pursuing the collection of monies owed to it.
Therefore, Kent County Levy Court stands in opposition to House Bill 230 as
introduced and respectfully requests that any further consideration of HB230 by
the General Assembly include an Amendment that would have the effect of
exempting County Government from any effects of the legislation.
M-058-14 Resolution 3431, read in its entirety, was Mr. Angel's motion for opposition;
seconded by Mr. Buckson.
Point of clarification, said Mr. Buckson. Willing to vote yes; Senator Peterson
returned my call referencing this House Bill. He made a clear and understandable
statement that the bill is going nowhere. The purpose of this Resolution is to
leave it here in the event that information is inaccurate.
Understood, said Mr. Banta.
Mr. Sweeney said he also heard from Jeff Spiegleman, Quinn Johnson and
of
the
House
Economic
Michael
Ramon,
all
members
Dev./Banking/lns.lCommerce Committee as well as Rep. Paradee who said
during the short time he has been in office he has learned well intentioned
legislation often times has unintended consequences; believes this will probably
go no where.
Mr. Petit de Mange wished to further reiterate Mr. Buckson's point. This will not
be delivered unless the item appears on an agenda in the House Economic
Dev./Banking/lns.lCommerce Committee. This is the type of communication the
House of Representatives expects from the County Government if we want to
have our voice heard. If this bill does not move then this Resolution will remain
here. If it moves we will deliver it.
Roll Call on the motion reveals seven (7) yeas.
OTHER BUSINESS
2.
Move to go into Executive Session immediately following the
Committee Meetings on Tuesday, April 22, 2014, 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)
M-059-14 Mr. Eaby moved to go into Executive Session immediately following the
Committee Meetings on Tuesday, April 22, 2014, 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
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04/15/2014
matters pursuant to 29 Del.e. 10004(b)(2), (4), and (9); seconded by Mr. Pepper;
carried by Roll Call vote seven (7) yes.
INFORMATION ITEMS - None
PUBLIC COMMENTS - None
COMMISSIONERS' COMMENTS
Mr. Eaby apologized for being absent the last meeting; he was at the Smyrna
BayHealth ER with what they believe was food poisoning. He also missed three
days of work. He told the Commissioners they did a good job discussing the
gym; he reviewed the packet and watched on line. He did find that you cannot
see the laser on line which is a disadvantage to the public who watches later.
ADJOURN
M-060-14
Motion was made by Mr. Sweeney, seconded by Mr. Eaby and carried by Roll
Call vote seven (7) yeas to adjourn the meeting.
7:29 PM
';;(~/~
Loretta L. Wootten
Kent County Clerk of the Peace
29 Del.e. § 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.