Kent County, DE
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Levy Court of Kent County 7-14-1992 by Ord. No. 92-08. Amendments noted where applicable.]

§ 5-1 Legislative findings.

Pursuant to Delaware Code, Title 9, §§ 4101-4111, inclusive, as amended, and to implement the powers conferred thereunder, it is hereby determined and declared by the Levy Court of Kent County, Delaware as a matter of legislative finding that:
A. 
The good order of Kent County and the health, safety and welfare of its citizens depend upon the steady employment, in useful occupations, of the citizens of the county.
B. 
In certain areas of the county, many citizens are employed sporadically or not at all and opportunities for employment are limited. This condition wastes vital human resources, impairs the security of family life, prevents many of the youth of the county from completing their education and finding gainful employment, contributes to the growth of crime and delinquency, impedes the balanced development of the county, threatens the economic stability of the county, discourages thrift and depresses the standard of living of the citizens of the county, all to the detriment of the public health, safety, welfare and order.
C. 
Stable and useful employment can be made available for the citizens of the county by enhancing the inducements for new industries to do business, locate, remain and expand in the county.
D. 
There is a continuing need to prevent the decline in business employment in all sectors of the county's economy and to reduce unemployment and cyclical employment within the county. Promoting a vigorous and growing economy and expanding employment and job opportunities will result in a higher standard of living, the fostering of sound neighborhoods, increased availability of decent, safe and sanitary housing, help eliminate crime, high cost of welfare and promote sound growth of the county.

§ 5-2 Development Authority established.

A. 
There is hereby established a Kent County AeroPark Development Authority, hereinafter referred to as the "Authority."
B. 
The responsibilities of the Authority shall be to develop, promote and administer the Kent County AeroPark located on Horsepond Road in the City of Dover. The Levy Court may charge the authority with additional development projects in the future, such as the administration of Revenue Bonds or a revolving loan program for businesses.

§ 5-3 Powers and responsibilities of Authority.

The Authority shall assume full responsibility to accomplish its mission and is hereby given the necessary powers as described below to do so:
A. 
Develop the policies and guidelines under which the staff will operate.
B. 
Create development standards and covenants to ensure a high quality industrial park.
C. 
Develop land leases, recommend lease costs and terms.
D. 
Administer the construction of the park.
E. 
Administer state or federal grants related to the park.
F. 
Promote and actively seek tenants for the park. Screen potential tenants and develop the necessary applications, formats, etc., in accordance with EDA and other requirements.
G. 
Maintain the park.
H. 
Employ, in accordance with mandated bid procedures, engineers, architects and such other contractors and consultants as necessary to carry out its objectives.

§ 5-4 Membership.

[Amended 2-14-2012 by Ord. No. 12-02]
A. 
The County government shall appoint the AeroPark Authority to consist of seven members.
B. 
The members shall be appointed for an undefined term concurrent with that of the appointing Commissioner, to be served at the pleasure of a majority of the Levy Court. Each Levy Court Commissioner shall be entitled to submit the name of a qualified appointee residing in his or her district for consideration and confirmation by the Levy Court.
C. 
The term of the appointee who continues to meet the residency requirement as expressed in § 5-4D below shall continue until a successor is named by the Levy Court Commissioner in whose district the appointee resides and is confirmed by the Levy Court.
D. 
During the term of the appointment, a member must maintain primary residence within the Levy Court district from which appointed. If a member ceases to meet the residency requirement due to taking residence outside the district or due to redistricting, his or her appointment shall terminate as follows:
(1) 
Upon the appointment of his or her successor; or
(2) 
Upon the expiration of one year from the date of noncompliance with the residency requirement; or
(3) 
Upon a notice of nonconsent expressed by the Levy Court Commissioner (other than the at-large Commissioner) representing the Levy Court district within which the member resides after ceasing to meet the residency requirement.
E. 
Persons appointed to the AeroPark Authority shall be individuals with knowledge, experience, and/or professional backgrounds in finance, commercial real estate, law, manufacturing, sales and marketing, engineering, or similar professional background deemed to be appropriate by Levy Court.
F. 
The membership of the AeroPark Authority shall select a member to serve as Chairman and a member to serve as Vice Chairman as set forth in the bylaws of the AeroPark Authority.
G. 
Vacancies shall be filled for any unexpired term in the manner as set forth in § 5-4B above.
H. 
Appointments to the AeroPark Authority are noncompensated public service positions.

§ 5-5 Bylaws.

The Authority shall be governed by a set of bylaws. Said bylaws shall be approved by Levy Court before becoming operative.

§ 5-6 Confidentiality.

Recognizing that confidentiality is extremely important in economic development activities, all dealings by the Authority and (or its staff) with prospects may be held confidential. Members of the Authority agree not to divulge any client's name who is working with the Authority, unless said client has indicated no objection to doing so. The bylaws will address this issue in detail.

§ 5-7 Authority to report to Levy Court.

The Authority, through its Chairman and Director, will report to the Levy Court on a regular basis. The members of the Authority will be responsible for keeping the organization they represent informed of the Authority's activities.

§ 5-8 Budget and accounting.

A. 
A budget will be established for the Authority on an annual basis and all credits and debits will be charged off to budget line items. The budget will be approved by Levy Court and only budgeted expenses shall be allowable.
B. 
Department of Finance.
[Amended 2-14-2012 by Ord. No. 12-02]
C. 
The Authority will work within EDA-grantee guidelines, as well as adhere to guidelines by the state and other potential grantors.

§ 5-9 Members bound by Code of Ethics.

The members and employees of the Authority shall be bound by the provisions of Kent County Ordinance 89-10, "A Code of Ethics For The Kent County Levy Court."[1]
[1]
Editor's Note: See Ch. 41, Ethics, Code of.

§ 5-10 Quorum; meetings.

[Added 2-14-2012 by Ord. No. 12-02]
A. 
A simple majority of four members of the AeroPark Authority shall be constitute a quorum and shall be required to conduct any meeting or to consider any motion.
B. 
The AeroPark Authority shall meet at least four times per year with such required meetings to be scheduled on a quarterly basis throughout the calendar year, and may meet more frequently, or on a regular basis to be determined by majority vote of the AeroPark Authority.

§ 5-11 Staff.

[Added 2-14-2012 by Ord. No. 12-02]
A. 
The professional staff of the Kent County Division of Economic Development and Business Assistance shall serve as staff to the AeroPark Authority and shall manage the activities of the Authority.