Bill Text: DE HB377 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend The Laws Of Delaware Relating To The Charter Of The Town Of Dewey Beach.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2012-07-18 - Signed by Governor [HB377 Detail]
Download: Delaware-2011-HB377-Draft.html
SPONSOR: |
Rep. Schwartzkopf & Rep. Hocker & Sen. Bunting |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
HOUSE BILL NO. 377 |
AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE CHARTER OF THE TOWN OF DEWEY BEACH. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, in the first and third paragraphs of Section 2, Subsection (d) thereof by making insertions as shown by underlining and deletions as shown by strike through as follows:
Section 2.Territory Limits.
(d) The
Commissioners of Dewey
Beach shall have the power
to annex additional territory adjoining the corporate
limits of the Town of Dewey Beach as hereinbefore set forth or as hereafter
extended pursuant to the procedure hereinafter set forth and to apply to all
such additional territory all laws, ordinances, resolutions and policies in force with the Town so far as they may be locally applicable. The Commissioners of Dewey Beach shall
adopt a Resolution proposing to the property owners and the residents of both
the Town and of the Territory proposed to be annexed that The Town of Dewey
Beach proposed to annex certain territory which adjoins its then limits and
territory. The Resolution shall contain a description of the territory proposed
to be annexed and shall fix a time and place for a public hearing on the
subject of the proposed annexation. The Resolution setting forth the information shall be printed
in a newspaper published having a general circulation both in The Town of Dewey Beach and in the territory proposed to
be annexed at least one week prior to the date set for the public hearing, as
well as posted at Town Hall, the Life Saving Station, and on the Town's
website.In addition, a reasonable
effort will be made to send a personal letter to all qualified voters and
property owners of record of the Town and all property owners of record in the
territory proposed to be annexed at least fifteen (15) days prior to the date
set for the public hearing.or,
if no newspaper is published in the Town, publication shall be had in the
territory proposed to be annexed, or, at the discretion of The Commissioners of
Dewey Beach, the said Resolution shall be posted in four (4) public places both
in The Town and in the territory proposed to be annexed.
The notice of the time and
place of holding the said Special Election shall be printed within thirty (30)
days immediately preceding the date of the Special Election in at least two
(2) issues of a newspaper published in The Town, or if no newspaper is
published in The Town, the notice may be printed within thirty (30) days
immediately preceding the date of the Special Election in two (2) issues
of a
newspaper having a general
circulation in The Town and in the territory proposed
to be annexed, or, in the
discretion of The Commissioners of Dewey Beach the said notice may be posted in
five (5) public places both in the Town and in the territory proposed to be
annexed, as well as posted at Town Hall, the Life Saving Station,
and on the Town's website at least fifteen (15) days prior to the date of
the Special Election.In addition, a
reasonable effort will be made to send a personal letter to all qualified
voters and property owners of record of the Town and all property owners of
record in the territory proposed to be annexed at least fifteen (15) days prior
to the date set for the Special Election.
Section 2.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, in Section 5, Subsections (a), (b) and (c) thereof by making insertions as shown by underlining and deletions as shown by strike through as follow:
Section 5.Qualifications of Mayor and Commissioners.
(a)Each Commissioner shall be at least 21 years of age,
a non-delinquent taxable of the County,
and shall be non-delinquent as to all taxes levied or assessments made by the
Town.
(b)Not less than two (2) of the Commissioners shall
be designated Resident
Commissioners. A Resident Commissioner shall have the
following qualifications: 1) shall be a bona fide resident and domiciliary of
the Town; and 2) shall own real estate within the Town or be resident trustees of the property which is owned
in trust be both a settlor/creator and trustee of a valid trust to which
real property which is located within the Town has been conveyed which
conveyance is recorded in the Office of the Recorder of Deeds in and for Sussex
County, or be a leaseholder of real estate in the Town under a valid lease
of a term of five (5) years or more.Any
person applying as a leaseholder candidate pursuant to this subsection will be
required to include a copy of a valid lease with his or her candidate filing.
(c)Other Commissioners must either have the qualifications of a Resident
Commissioner as defined
above or be an owner of real estate within the Town
or be both a settlor/creator and trustee of a valid trust to which
real property which is located within Town has been conveyed which conveyance
is recorded in the Office of the Recorder of Deeds in and for Sussex County, or a leaseholder of real estate within
the Town under the a valid lease of a term of five (5) years or more.Any person applying as leaseholder candidate
pursuant to this subsection will be required to include a copy of a valid lease
with his or her candidate filing.
Section 3.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, in Section 10, Subsection (b) thereof by making insertions as shown by underlining and deletions as shown by strike through as follows:
Section 10.Manner of Holding Elections
(b)Each person eighteen
years of age or older, who is a bona fide resident
and domiciliary of the Town of Dewey Beach, or who is an owner of real
property within the Town, or who holds a valid lease for a term of
five years or more on property within
the Town, shall be qualified to vote in the election
of Town officials as herein provided. A leaseholder seeking
qualification as a voter under this subsection will be required to file a copy
of a valid lease at the time of voter registration. A Nonnon-resident persons
eighteen years of age or older who are is both a settlersettlor/creator(s)
and trustee(s) of a valid trust to which
real property which is located within
the Town has been conveyed
which conveyance is recorded in the
Office of the Recorder of Deeds in and for Sussex county County
shall be qualified to vote in the election of Town officials, provided that the
Trust document which identifies the trustee(s) and the settlersettlor(s)/creator(s)
must be presented at the time of registration.
Section 4.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, in Section 15, Subsection (c) thereof by making deletions as shown by strike through as follows:
Section 15.Town Manager.
(c)The Town Manager
shall hold office for an indefinite term and may be removed for just
cause by a majority vote of the Commissioners of the Town of Dewey Beach.At least thirty (30) days before such removal
shall become effective, the Commissioner shall, by a majority vote of all of
the elected Commissioners thereof, adopt a preliminary resolution stating the
reasons for his removal.The Manager may
reply in writing and may request a public hearing which shall be held not earlier
than twenty (20) days nor later than thirty (30) days after the filing of such
request.After such public hearing, if
one be requested, and after full consideration, the Commission, by a majority
vote of all of the elected Commissioners thereof, may adopt a final resolution
of removal.By the preliminary
resolution, the Commission may suspend the Town Manager from duty but shall in
any case cause to be paid him forthwith any unpaid balance of his salary for the
next three (3) calendar months following the adoption of the preliminary
resolution.
Section 5.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, in Section 16, Subsections (a) and (j) thereof by making insertions as shown by underlining and deletions as shown by strike through as follows:
Section 16.Responsibilities of the Town Manager.
(a)The Town Manager
shall be responsible to the Commissioners of the Town of Dewey Beach for the
proper administration of the affairs of the Town placed in his charge and to
that end, he shall have the power to make such appointments and to hire such
employees at such compensations as the Commissioners, by resolution,
shall determine, subject to such rules and regulations as may be adopted by the
Commissioners.All employees shall be
hired for an indefinite term and may be removed by the Town Manager at any
time for just cause unless otherwise provided by resolution of the
Commissioners.He shall exercise his
sole discretion in the appointment or hiring of any such employees.The Town Manager shall be the sole judge of
the competence or incompetence of any such person so appointed or hired by
him.The Commissioners of the Town of
Dewey Beach shall sit as a Board of Appeal for the protection of Town employees
at those times when the majority of all the Commissioners are agreed that a
review of the action of the Town Manager would be in the best interest of the
Town of Dewey Beach.The decision of the
Commissioners in such case shall be final and conclusive.
(j)Upon the death, resignation, or removal from the office of the Town Manager,
the Mayor, with the approval
of a majority of all elected
members of the Commission, shall appoint some suitable person, who may be an
elected or appointed official of the Town of Dewey Beach, to perform the duties
of Town Manager; provided, however, such person shall not serve for a period
exceeding ninety (90) days from the date of his appointment on an
interim basis for ninety (90) days with the option of renewal of the
appointment for two (2) additional terms of ninety (90) days or until a Town
Manager is appointed, whichever period is shorter.
Section 6.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, Section 17 thereof, by making insertions as shown by underlining and deletions as shown by strike through as follows:
Section 17.
Auditors
(a) Three Auditors of Accounts who shall be freeholders of the
Town shall be appointed by the Commissioners at each annual meeting
hereinbefore provided to serve for the term of one year or until their
successors shall have been duly appointed and qualified.
(b) It shall be their duty to audit the accounts of the Town and
all of its officers whose duty involves the collection, custody and payment of
monies of the Town. They shall audit the books of the Mayor of the Town of Dewey
Beach, and the records of all fines, penalties and costs imposed or collected
by him pursuant to any judgment, order, or decree made. The auditors on or
before the 15th day of August, annually, next following their appointment,
shall make and deliver a detailed report of every and all accounts, records,
and books by them examined and audited, which report under their hands and
seals shall be printed in a newspaper which has general circulation in the Town
in the issue immediately succeeding their annual report. The Auditors, in the
performance of their duties, shall have access to all records and accounts of
the offices of the Town Commissioners and they are authorized and empowered to
employ such clerks and accounts as in their judgment may be necessary in the
proper performance of their duties at such compensation as may be determined by
the Commissioners.
Section 17.Audit Committee/Auditors
(a)The Audit Committee shall be composed of not less than three (3) property owners, the majority of whom are bona fide residents of the Town of Dewey Beach, who have no relationship to the Town that may interfere with the exercise of their independence from the Town's management and the Town. The Chairperson and members of the Committee shall be appointed by the Council at each annual meeting to serve for a term of one (1) year. Each member of the Committee shall be financially competent and at least one (1) member shall have accounting or related financial management experience. The principal purpose of the Committee is to provide oversight of the annual audit of the Town financial statements, to recommend the hiring of an independent financial audit firm, to assess the qualifications and independence of the firm and to negotiate a price for the audit, to review the performance of the independent audit firm, to review the firm's audit report and assessment of the Town's accounting and reporting practices and internal control systems, and to recommend acceptance or rejection by the Council of the audit report.
(b)It shall be the responsibility of the Independent Auditors to perform an audit of the annual financial statements of the Town of Dewey Beach in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. The Auditors, on or before the 15th day of August following the Town's fiscal year end shall deliver their report, including their opinion as to whether the Town's basic financial statements, together with required Supplemental Information, present fairly, in all material respects, the financial position of the governmental activities and each major fund of the Town, and the respective changes in financial position and cash flows, where applicable, in conformity with accounting principles generally accepted in the United States of America. In addition, other Supplemental Information for the General Revenue and Special Revenue Funds shall be provided with comparative amounts for the preceding three (3) fiscal years. A summary of the report shall be printed in a newspaper which has general circulation in the Town in the issue immediately succeeding their annual report, with a statement that the full text of the report can be viewed on the Town's website, where a full copy of the report shall be accessible to visitors to the website. The financial statements are the responsibility of the Town's management. The Independent Auditor's responsibility is to render an opinion on the Town's financial statements based on their audit examination.
Section 7.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, Section 18 thereof, by making insertions as shown by underlining and deletions as shown by strike through as follows:
Section 18.Town Solicitor
The Commissioners may select and appoint
a Town Solicitor for an
indefinite term who shall be removable
at the pleasure of the Commissioners
of Dewey Reach Beach either with or without
due cause stated.
The Town Solicitor shall be a member in good standing
of the Bar of the State of Delaware
with offices in Sussex County. It shall be his duty to give legal advice to the Commissioners and other offices
of the Town and to perform other legal services as may be required of
him by the Commissioners.
Section 8.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, Section 22, Subsections (b) and (c) thereof, by making insertions as shown by underlining and deletions as shown by strike through as follows:
Section 22.Town Budget.
(b)Annually each
year and not later than the last week in November February, the
Commissioners shall prepare a rough draft of a Town Budget.From this rough draft, the Town Commissioners
of Dewey Beach shall, not later than December 10th the second
Saturday of March of each year, prepare the Town Budget, containing the
financial plan for conducting the affairs of the Town for the ensuing fiscal
year.
(c)The Budget shall contain the following information:
1.A detailed estimate showing the expense of conducting each department and office of the Town for the ensuing fiscal year.
2.The value of supplies and materials on hand, together with the nature and kind of machinery or other implements and the condition thereof.
3.The amount of the debt of the Town, together with a schedule of maturities of bond issues, and the amount of any reserve funds.
4.An itemized statement of all other estimated expense to be incurred in the affairs of the Town.
5.A statement of the amount required for interest on the bonded debt, the amount necessary to pay any Bond maturing during the year and the amount required for the "Sinking Fund" or "Sinking Funds".
6.An estimate of the amount of money to be received from taxes, assessments, and all other anticipated income of the Town from any source or sources whatsoever.
Section 9.Amend Chapter 59, Volume 63 of the Laws of Delaware, as amended, relating to the Charter of the Town of Dewey Beach, Section 23, Subsection (a)13.m. and (a)13.o. thereof, by making deletions as shown by strike through as follows:
Section 23.Enumeration of Powers.
(a) 13. m.The form of the ballot of the said Special Section shall be as follows:
() For the Referred Ordinance
() Against the Referred Ordinance
(Check your preference)
Voting machines or paper ballots may be used in any Special Election on
a referral of an ordinance or resolution.The Commissioners shall cause to be prepared and printed a sufficient
number of ballots not less than five (5) days prior to the date of the Special
Election.Voting machines shall be used
if the referendum is held on the date of the Annual Municipal Election.
o.The Commissioners may, in their sole discretion, elect to adopt an ordinance, except for an ordinance specified not to be the
subject of a referendum proceeding in subsection a, hereinabove, subject to a referendum. In such event, the Commissioners shall, at the same time
such ordinance is adopted, include in the language of said ordinance that such
ordinance shall be the subject of a referendum. Upon the passage of the ordinance adopted subject to a
referendum, such ordinance shall be suspended from taking effect until thirty
(30) days after the results of the referendum, such referendum are returned
indicating that the ordinance is approved by referendum. The vote of the eligible
voters on a referred ordinance shall be held not less than thirty (30) days and
not later than sixty (60) days from the date that the Commissioners adopt the
referred ordinance.If the Annual
Municipal Election is to be held within
the period prescribed in this subsection, such referendum shall be considered
as part of that election.If the Annual
Municipal Election is not held within the period prescribed in this Section, the Commissioners shall
provide for a Special Election.If the
Commissioners fail to hold a referendum within the time specified in this subsection,
the ordinance for which the petition was filed shall be deemed to be repealed
at the expiration ofsixty (60) days
from the date that the Commissioners adopted the referred ordinance, and shall
not be passed in the same form for a period of one (1) year from the effective
date of repeal.
If a majority of the residents and property owners voting on the
referred ordinance vote against such ordinance, it shall be considered repealed
upon the certification by the Election Board.No ordinance that has been repealed as the result of a referendum shall
be passed again the same form by the Commissioners within a period of one (1)
year from the date of the referendum.Nothing contained herein shall
operate so as to require the Commissioners to exercise their discretion to
submit any ordinance to a referendum; and nothing contained herein shall
operate to restrict the right
of the eligible voters of the Town of Dewey
Beach to initiate
a referendum pursuant this Section. However, the
decision of the Commissioners to submit an ordinance to a referendum shall, in the case of
such ordinance, constitute the only referendum to which such ordinance shall be
subjected; and there shall be no right to subject such ordinance to an
additional referendum.
SYNOPSIS
This Act seeks to amend the current Charter of the Town of Dewey Beach in order to correct and/or delete antiquated language and typographical errors, render the Charter internally consistent, increase transparency of government, clarify legally problematic language, eliminate redundant and/or unnecessary language, and update the language to reflect current governmental realities. |