The Invocation was led by Mr. Howell and the Pledge of Allegiance was led by Mr. Angel.

Transcription

1 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, August 26, 2014 Call to Order The Regular Business meeting of the Kent County Levy Court was called to order at 7:00P.M. by President Banta. Invocation & Pledge of Allegiance The Invocation was led by Mr. Howell and the Pledge of Allegiance was led by Mr. Angel. Moment of Silence for our Troops A moment of silence was observed for our Troops led by Mr. Sweeney. Included in the moment of silence was remembrance of the family of Lori Short who passed away this week. She was an employee of Kent County. 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 - absent Commissioner President

2 195 08/26/2014 There are six (6) Commissioners present one (1) absent (Pepper). Additions/Deletions to Agenda - None Adoption of the Agenda M Motion was made by Mr. Angel, seconded by Mr. Sweeney and carried by Roll Call vote six (6) yeas one (1) absent (Pepper) to adopt the Agenda as presented. Consent Agenda The items on the Consent Agenda were discussed in Committee on Tuesday, August 12, They 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 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 from the August 12, 2014 Committee Meetings: Flow Meter Calibration and Repair Contract- Bid Award Stormwater Maintenance District - Agreement with Kent Conservation District (KCD) M Motion was made by Mr. Sweeney, seconded by Mr. Eaby; carried by Roll Call vote six ( 6) yeas one (1) absent (Pepper) to approve Consent Agenda as presented. Approval of Regular Business Meeting Minutes of Tuesday, August 12, 2014 M Motion was made by Mr. Angel, seconded by Mr. Howell, carried by Roll Call vote six (6) yeas one (1) absent (Pepper) to approve the Regular Business Meeting Minutes of Tuesday, August 12, 2014, as presented. PRESENTATIONS 1. Proclaiming September 2014 as "Kent County Library Card Sign Up Month" Ms. Tanaka read Resolution Kent County Library Card Sign Up Month into the record. The library card is the most important school supply of all because libraries are an essential service for the nation's children. P. Brooks Banta, President of Kent County Levy Court proclaims September Library Card Sign-Up Month in Kent County Delaware and Kent County Levy Court recognizes September 2014 as Kent County Library Card Sign-Up Month. Levy Court encourages everyone to sign-up for the "smartest card" at the Kent County Public Library and the Kent County Bookmobile. Hilary Welliver, Assist. Dir. Com. Services - Libraries and Debra Lawhead from Friends of Kent County

3 196 08/26/2014 Public Library joined the Commissioners down front to accept the Resolution. M Mr. Sweeney moved to approve Resolution 3476; seconded by Mr. Angel; carried by roll Call vote six (6) yeas one (1) absent (Pepper). 2. Employee of the Month EOM for the month of September 2014 is Joshua C. Norris. This was read into the record by Ms. Tanaka. Joshua is from the Dept. of Public Safety and has been an employee of Kent County since July He serves as Dispatcher II in the Emergency Communications Division and also is a volunteer at Hartly Fire Company where he currently serves as First Assist. Chief. Congratulations, Josh. Josh resides in Commissioner Howell' s and Pepper' s districts. Josh was present to accept the honor and met the Commissioners down front. INTRODUCTIONS Mr. Kujala states there is one new employee. Kim Crouch, Director of IT introduced Michael V. Benner. Michael was hired August 18,2014 as a Network Administrator in the Dept. of Administration - IT office. Mike and his family reside in Commissioners Howell's and Pepper's districts. He was present and thanked Levy Court for the opportunity to work for Kent County Levy Court. PUBLIC HEARINGS Mr. Eaby: 1. Resolution 3475, DART Reimbursable Transportation Funding Allocations for FY15 Susan Durham, Director of Finance gave a brief summary of the Resolution. The Reimbursable Transportation Program was developed to promote cost effective and responsive elderly and disabled transportation to agencies in Kent County. The same amount of funding was received this year as in FY14, $647,438. The Budgets were reviewed and calculations done; a 2% COLA was factored in and, for the most part, everyone ended up getting what they had budgeted or more. After the Senior Centers were taken care of the balance was given to KSI. Allocations are in the Resolution. Mr. Eaby said these are funds received from the State of DE, correct? Ms. Durham explained it comes Federally to the State. So from the Federal Government to the State Government down to the County

4 197 08/26/2014 Government, said Mr. Eaby. Correct, said Ms. Durham. Our only role is to basically allocate the funding and the State actually regulates whether they meet the criteria. Public Hearing is Open on Resolution IN FAVOR- None IN OPPOSITION -None Public Hearing is Closed on Resolution 3475 M Motion was made by Mr. Eaby to approve Resolution 3475 on the grounds there is no public opposition; funds are being disbursed in an equitable and fair manner according to a formula derived by the County Administrator and the finance Dept.; seconded by Mr. Angel. Roll Call: Mr. angel- yes, reasons stated Mr. Buckson - would like to compliment Ms. Durham and Mr. Petit de Mange again for the way they approach the allocation; I tend to make this statement yearly; coming in 7-8 years ago this was a little more complicated and convoluted and maybe a little more political in the past; you were charged with creating a formula that was equitable, fair, logical and I think you have done that once again. I appreciate your effort in doing so. With no public opposition, favorable Staff recommendation, my vote is yes. Mr. Eaby- yes, reasons stated Mr. Howell - yes, reasons stated Mr. Pepper - absent Mr. Sweeney - yes, reasons stated Mr. Banta - yes, reasons stated Roll Call reveals six (6) yeas one (1) absent (Pepper) CLOSE PUBLIC HEARINGS RECESS INTO COMMITTEE MEETINGS- 7:30PM RECONVENE BUSINESS MEETING - 9:40 PM

5 198 08/26/2014 OLD BUSINESS -None NEW BUSINESS - Mr. Howell: Action Item from Public Works Committee Meeting: 1. Central Septage Receiving- Dover Products Site - Authorizations Mr. Banta suggested to Mr. Howell he read all four items and then vote one time on all. M Mr. Howell moved to authorize the Department to offer up to $2, to Dover Products, Inc. for the acquisition of permanent and temporary easements for the North Central Bypass project utilizing Capital Emergency Repair Funds; AND Move to authorize an offer up to $865, to Dover Products, Inc. for the purchase of the property at 5200 W. Denneys Road, Dover, DE and authorize the County Attorney and the Department of Public Works to proceed with negotiations. The offer will be phrased to allow DNREC Brownfields Program Funding for remediation if required. Funding of the property purchase is Septage Loan as shown in the FY20 15 Sewer Fund Budget; AND Move to approve a contract amendment with Duffield Associates for Phase II environmental study related to the Dover Products site not to exceed $10,000 contingent upon property offer acceptance. Funding is Septage Loan as shown in the FY20 15 Sewer Fund Budget; AND Move to authorize the Department to pursue DNREC Brownfields Development Program application approval and agreements related to remediation ofthe property at 5200 W. Denneys Road, Dover, De contingent upon Duffield' s Phase II ESA results; AND Move to authorize the Department to prepare a DNREC Planning Grant Application for the planning and design of the central septage receiving station; seconded by Mr. Sweeney; carried by Roll Call reveals six (6) yeas one (1) absent (Pepper). 2. General Labor & Equipment Contract (FY13 & 14)- Asset Construction (Proposed Change Order #5) M Mr. Howell moved to authorize the President of Levy court to execute Change Order No. 5 for the FY General Labor & Equipment Contract with Asset Construction, LLC in the amount of $190, for payment of outstanding emergency repairs as well as completion of open projects, rolling over any remaining funds into the FY Contract with funding from previously collected District Impact Fees and/or Sewer Fund Operating Revenue, as applicable; seconded by Mr. Sweeney; carried by Roll Call reveals six (6) yeas one (1) absent (Pepper). 3. Kent County WWTP/Nutrient Removal and Capacity Expansion Upgrade, PC Construction Change Order # 1

6 199 08/26/2014 M Motion was made by Mr. Howell to approve Change Order No. 1 for the Capacity Expansion and Nutrient Removal Upgrade Project with PC Construction, Inc. in the amount of$125, contingent upon USDAIRUS' concurrence; seconded by Mr. Sweeney; Roll Call reveals six (6) yeas one (1) absent (Pepper). 4. TMDL Research Projects, Research Agreement No.4- USGS (DGS) ArnendmentNo.3 M Mr. Howell moved to extend the agreement with DGS to continue metering of the Murderkill River at the Frederica monitoring station for the period of May 1, 2015 through September 30,2015 in an approximate amount of$18,000 using Main System Capital Improvement Fees, Treatment Portion; AND Move to amend the Agreement with DGS to add basic water quality as well as flow metering to the Bowers Beach tidal monitoring station for the period of October 2, 2014 through April30, 2015 in an approximate additional amount of$20,000 using contingencies funding if available, or Main System Capital Improvement Fees, Treatment Portion; seconded by Mr. Sweeney; carried by Roll Call vote six (6) yeas one (1) absent (Pepper). Mr. Buckson: 1. Action Item from Planning Services Committee Meeting: Memoranda of Understanding- Administration of Local Floodplain Ordinances M Mr. Buckson moved to authorize the President of Levy Court to execute the attached Memoranda of Understanding with the Towns of Bowers Beach, Felton, Leipsic, Little Creek, and Frederica for the administration of their respective Floodplain Ordinances by Kent County; seconded by Mr. Angel; carried by Roll Call vote six (6) yeas one (1) absent (Pepper). Mr. Pepper: 1. Action Item from Public Safety Committee Meeting: RFQ for All Hazards Mitigation Plan M Mr. Sweeney, covering for Mr. Pepper, moved to authorize the Kent County Department of Public Safety's Division of Emergency Management to negotiate with the rated selected vendors; Vision Planning, AMEC Environment & Infrastructure, Inc. and the Olson Group, Ltd., for a cost factor leading to a revision of our All Hazards Mitigation Plan up to and including approval by the Federal Emergency Management Agency; pending final approval of our selection by the Kent County Levy Court; seconded by Mr. Angel; carried by Roll Call vote six (6) yeas one (1) absent (Pepper). Mr. Sweeney: I. Appointment to the Regional Planning Commission

7 200 08/26/2014 Mr. Sweeney's appointment to the RPC passed away in July. Paul Davis, who formerly served on the RPC for eight years, has agreed to be appointed back to Levy Court. M Mr. Sweeney moved to approve Paul Davis as the 5th District Levy Court appointee to the Regional Planning Commission; seconded by Mr. Buckson and Mr. Angel; Roll Call reveals six (6) yeas one (1) absent (Pepper). OTHER BUSINESS 1. Vote 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 potential litigation; and personnel matters pursuant to 29 Del. C (b )(2), ( 4 ), and (9) M Mr. Eaby moved 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 potential litigation; and personnel matters pursuant to 29 Del.C (b)(2), (4), and (9); seconded by Mr. Angel; carried by Roll Call vote six (6) yeas one (1) absent (Pepper). 2. Vote to have Executive Session following the Committee Meetings on Tuesday, September 9, 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 (b)(2), (4), and (9); M Mr. Eaby moved to have Executive Session following the Committee Meetings on Tuesday, September 9, 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 (b)(2), (4), and (9); seconded by Mr. Angel. Mr. Petit de Mange stated that September 9 would be a Business Meeting. The date should be September 2. (typo) Mr. Eaby re-read the motion using the date September 2, 2014 instead of September 9, 2014 and Mr. Angel seconded it again; motion carried with Roll Call vote of six (6) yeas one (1) absent (Pepper). INFORMATION ITEMS Mr. Eaby said there would be a Dover Kent County MPO meeting on September

8 201 08/26/ and on the 4 1 h he has been asked to speak to the DE Leadership Institute as well as Pres. Banta. My topic is the Regional Sports Complex. PUBLIC COMMENTS - None COMMISSIONERS' COMMENTS - None ADJOURN to Executive Session M Motion was made by Mr. Angel, seconded by Mr. Sweeney, Mr. Howell, Mr. Buckson and Mr. Eaby and carried by Roll Call vote six (6) yeas one (1) absent (Pepper) to adjourn to Executive Session. We will not be returning. 9:58PM Loretta L. Wootten Kent County Clerk of the Peace 29 Del.C (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.