LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee Meeting was held on November 24, 2003, at 6:30 p.m., with Chairman Speed presiding. Members present were Mr. Ritter, Mr. Truitt, Mr. Shelton, and Mr. Gorman. Other members of Council present were Mr. McGlumphy, Mr. Carey, Mr. Pitts, Mrs. Williams, Mr. Salters, Mr. Ruane, and Mayor Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Truitt moved for approval of the agenda, seconded by Mr. Ritter and unanimously carried.
Dissolution of MCCK Limited Partnership Deed Restriction - Village of Northgate Subdivision
During their Regular Meeting of October 13, 2003, City Council approved the rezoning request for property located on the southeast corner of Kenton Road and Denny’s Road, known as Northgate Village, containing approximately 263.13 +/- acres, owned by MCCK, LLC. The zoning is currently RM-1 (Medium Density Residence) for 224.8682 acres, and RM-2 (Medium Density Residence) for 38,2617 acres.
Dr. James B. McClements, 50 S. Prestwick Court, requested City Council to dissolve deed restrictions that were placed on the above-mentioned property in 1996. Total acreage of the property has been increased to approximately 300 acres, of that, 240 acres is proposed to be deeded to the State of Delaware as a permanent nature preserve, and 60 acres owned by MCCK (Dr. McClements and his family) is proposed to be developed into 150 to 200 housing units for senior citizens, which is significantly less than the original 530 units that would be permitted within the current deed restriction.
Dr. McClements stated that the transfer of land for a permanent nature preserve will, in effect, accomplish the goal of having a gross density of less than two (2) dwelling units per acre. The deed restriction specifically states that it could not be altered or modified without the “approval of both the City of Dover and the Declarant, its successors and assigns”. The deed restriction was put in place as part of an agreement with the City of Dover to comply with the low density residential land use designation of the 1996 Comprehensive Plan, while maintaining the RM-1 zone.
Responding to Mr. Truitt, Mr. DePrima stated that by deeding the property to the Sate of Delaware for nature preservation, the deed restriction placed on the property during the Comprehensive Plan will have been satisfied.
Mr. Truitt moved to recommend that the Mayor be authorized to sign the necessary legal documents to dissolve the two (2) dwelling units per gross acre deed restriction on the 264.6141+/- gross acres, known as the Village of Northgate subdivision. The motion was seconded by Mr. Gorman and unanimously carried.
Request to Support Establishing City of Dover 4th of July Celebration Committee
During the November 10, 2003 Council Meeting, Mayor Hutchison advised members that the Chamber of Commerce announced that they would no longer be hosting the July 4th celebration.
On behalf of the Mayor, Mr. DePrima requested Council’s support in establishing a City of Dover 4th of July Celebration Committee; a City formed corporation that would operate independently in terms of raising and expending funds. In order to form the Dover 4th of July Celebration Committee, the City Solicitor must file the necessary documents to incorporate the Committee for the purpose of raising and expending funds for the operation of the 4th of July celebration. In addition, the Finance Director would be required to file the necessary documentation to obtain IRS 501(c) 3 status and to establish the necessary accounts for the Committee to receive and expend funds.
It was proposed that the Board of Directors shall be not less than five members and not more than nine members who shall be appointed annually upon the recommendation of the Mayor and approval of the City Council. The membership shall include the Mayor of Dover, who shall serve in an ex-officio capacity as Chairman of the Board. Other officers shall include a President/Vice Chairman to oversee overall operations, a Vice President, a Secretary, and a Treasurer. The initial Board of Directors shall serve until the City of Dover’s 2005 Annual Meeting and then be appointed at the Annual Meeting each year thereafter.
Responding to Mr. Ritter, Mr. DePrima stated that the membership structure of the Board of Directors mimics how corporations/committees were formed in the past. Mr. Pitts, agreeing with Mr. Ritter, stated that he believes Council should have more input on who should be recommended to serve on the Committee.
Mayor Hutchison stated that raising the money ($15,000 to $20,000) for the 4th of July Celebration will ultimately be the responsibility of the Mayor’s Office, therefore, it would be in the best interest of the Mayor to appoint those who will be able to accomplish the job successfully.
Mr. Ritter requested that individuals currently serving on other City related committees not be recommended to serve on the 4th of July Celebration Committee.
Disagreeing, Mr. Salters stated that since the fundraising responsibility falls directly on the Office of the Mayor, and not City Council, membership should be at the Mayor’s discretion and Council should not impose any restrictions.
In order to broaden the fundraising effort, Mr. Ruane suggested involving key personnel from Kent County Levy Court.
Mr. DePrima stressed to members that the fundraising issue was not the only aspect of the 4th of July event. He stated that much work and coordination is involved. Mr. McGlumphy expressed concerns of insurance liability with regards to the City of Dover.
Mr. Gorman moved to recommend supporting the establishment of a City of Dover 4th of July Celebration Committee. The motion was seconded by Mr. Truitt and unanimously carried.
Mr. Shelton moved for adjournment, seconded by Mr. Gorman and unanimously carried.
Meeting Adjourned at 6:54 P.M.
Respectfully submitted,
Stephen R. Speed
Chairman
SRS/jg/lcg
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