Delaware General Assembly

Signed 7/15/10

The General Assembly has ended, the current status is the final status.

6/1/10

Bunting

Rep. Hocker

AN ACT TO REINCORPORATE THE TOWN OF OCEAN VIEW.

After review by the Town Council, the Town’s staff, and based upon its historical experience with the current Charter, and after conducting public hearings, the Town Council proposed the reincorporation of the Town. The following articles and sections would be amended or modified by the new Charter as follows: 1. Article I, Section 1.102, relating to Corporate Limits provides: (a) All previously annexed properties have been added to the verbal description of the Town limits; (b) Includes adjacent streets, roads and streams, rivers and canals, or other waterways to the centerline contiguous with or adjacent to the limits and bounds of the Town; provided however, that any such territory that is included in the limits or boundary of an adjacent municipality shall not be included in the limits and the bounds of the Town of Ocean View; and (c)Clarifies that no Charter amendment is required for land annexed into the Town; and 2. Article II, Section 2.1 deletes the title: “Town Manager and Chief Financial Officer, Town Clerk,” and replaces it with “Town Officers.” 3. Article II, Section 2.101, relating to Town Manager, for purposes of clarity defines that the Town Manager shall be appointed “by a majority vote of all members of the Town Council.” 4. Article II, Section 2.102, relating to Town Manager, for purposes of clarity adds that the Town Manager shall be the chief administrative officer of the Town, and to see that: (a) Governing laws, regulations, and ordinances are faithfully executed and enforced; (b) Make an annual report and “other reports” to the Council and to the public “from time to time”; (c) Authorizes the Town Manager to ”sign contracts, bonds, or other instruments that require the assent of the Town”; and (d) Do such other things as the Council may “require, or as may be required elsewhere in the Charter, by State Law, or by ordinance.” 5. Article II, Section 2.103, relating to Chief Financial Officer, modifies: (a) The reporting role of the Chief Financial Officer from reporting to the Council to reporting to the Town Manager; and (b) Allows the removal of the Chief Financial Officer by a majority vote of all members of the Council. 6. Article II, Section 2.105, relating to Town Clerk, amends: (a) The appointment of the Town Clerk from the Council to the Town Manager; (b) Authorizes the Town Manager to appoint a substitute person to perform the duties of the Town Clerk; (c)Authorizes the Town Manager to appoint an Acting Town Clerk if the position is vacant or the Town Clerk is unable to serve; and (d)The Town Clerk will also serve as the Town Manager’s Executive Assistant. 7. Article II, Section 2.201, relating to the Mayor and Term of Office, adds the following: (a) That the Mayor is elected and sworn into office “except as provided in Section 2.515”; and (b) Changes the date of the Mayor taking office from the first Tuesday in April to the Fourth Tuesday in April. 8. Article II, Section 2.202, relating to Mayor’s Qualifications, inserts the following language for purposes of clarity: a qualified registered voter “(as defined by this Charter) to” the Town of Ocean View. 9. Article II, Section 2.203, relating to the Mayor’s Compensation changes the date for computing the annual CPI for compensation for the Mayor from January to the previous December. 10. Article II, Section 2.204, relating to the Mayor, changes the title from “Powers, Duties,” to “Powers, and Duties, and Removal”; and (a) For purposes of clarity provides that the Mayor may be removed from office after a public hearing by a four-fifths vote of all members of the Council; and (b) For the following reasons: (a) lacks, at any time during his/her term of office, any qualification for his/her office prescribed by this Charter or by law; or (b) is convicted of a felony or any crime involving moral turpitude. 11. Article II, Section 2.301, relating to the Council and its composition, for purposes of clarity: (a) Adds the Arabic number (4) after the word four; (b) Capitalizes the word Members; (c) Changes the time of taking office for Council members from the second Tuesday April to the fourth Tuesday in April; and (d) Adds the Arabic number (2) after the word two. 12. Article II, Section 2.302, relating to Council Qualifications inserts, the language “Defined by this Charter” for further clarity of the Council member’s qualifications. 13. Article II, Section 2.303, relating to Council Compensation, capitalizes the word Member; changes the date for the CPI from January to December; and adds the following language: “The effective date of the increase will be the first of January.” 14. Article II, Section 2.304, relating to Council Meetings and Procedures, inserts for purposes of clarity: (a) A compliance statement with the Delaware Freedom of Information Act (Title 29, Chapter 100 of the Delaware Code) as amended from time to time; (b) Adds the language “Charter and/or by State Law; (c) Adds the Arabic letter (1) after the word one; (d) Adds deletes the word “Town Hall and replaces it with the “Melson Administrative and Public Safety Building;” and (e) In paragraph two adds “State law and/or by ordinance.” 15. Article II, Section 2.305, relating to Council adds to the title “and Removal.” 16. Article II, Section 2.305, relating to Council, for purposes of clarity provides additional language to the Charter outlining the procedures for removal of a Councilman. The added language conforms to the same language used for the removal of the Mayor as outlined in Article II, Section 2.204. 17. Article II, Section 2.309 Item A, relating to Procedure for Enacting Ordinances, clarifies that the reading of a proposed ordinance’s title to be sufficient for the reading of an ordinance in a public hearing and in Item B allows for emergency ordinances to become effective immediately if passed by four-fifths (4/5ths) majority of the entire Council membership. 18. Article II, Section 2.311, relating to Penalties for Breach of Ordinance, deletes the words “the penalty shall be as defined by the specific ordinance.” This allows the Town to enact one ordinance covering the penalty fees for all ordinances. 19. Article II, Section 2.313, relating to Council Powers, inserts language as follows: (a)Clarifies for the appointment of a Certified Public Accounting Firm to conduct an audit of the Town’s books and accounts; (b) Clarifies the Town’s the ability to issue bonds for capital projects, public works projects and appeal purposes; and (c) Clarifies the Town’s ability to delegate Town functions to a third party (such as contractors to do work for the Town or to outsource certain functions and duties). 20. Article II, Section 2.401, relating to the Town Solicitor, for purposes of clarity deletes the words “other officers of the” Town and inserts the word “Officers” after the word Town. 21. Article II, Section 2.503, relating to Board of Elections: (a) Re-names the “Board of Supervisors of Elections” to “Board of Elections”; (b) Stipulates that if a vacancy occurs on the Board of Elections, the Council shall fill the vacancy; and (c) That each member of the Board of Elections shall satisfy the requirements for office as set forth in Title 15 of the Delaware Code. 22. Article II, Section 2.504, re-names the Board of Supervisors of Elections to the Board of Elections. 23. Article II, Section 2.505, relating to the Board of Elections, provides further clarity about Town employee involvement in municipal elections with the Board of Elections. 24. Article II, Section 2.506, relating to Notice of Elections, inserts language that the notices of elections comply with Title 15 of the Delaware Code. 25. Article II, Section 2.508, relating to Appeals of Elections, inserts language that appeals from decisions of the Board of Elections complies with Title 15 of the Delaware Code. 26. Article II, Section 2.509, relating to nominating procedures, for purposes of clarity: (a)Changes the name of the Certification of Nomination form to run for elective office to Certification of Intent; (b) Raises the filing fee from $20.00 to $50.00; and (c) Requires the Town Manager to conspicuously post at least twenty (20) days prior to the deadline for filing for the Council or for Mayor. 27. Article II, Section 2.510, changes the name of Board of Supervisors of Elections to Board of Elections. 28. Article II, Section 2.511, relating to Absentee Ballots, eliminates language about how to cast an absentee ballot in an election with replacement language that describes that absentee voting must comply with Title 15 of the Delaware Code. 29. Article II, Section 2.512, changes the name from Board of Supervisors of Elections to Board of Elections. 30. Article II, Section 2.513, changes the name from Board of Supervisors of Elections to Board of Elections. 31. Article II, Section 2.514, relating to Preservation of Ballots, inserts the words “Non-Electronic.” 32. Article II, Section 2.516, relating to Power of Council to Regulate Elections, inserts the words “or State law.” 33. Article III, Section 3.102, relating to the Duty to Prepare an Annual Budget, deletes the words “in consultation with the Chief Financial Officer.” 34. Article III, Section 3.104, relating to the Adoption of a Budget, changes the time of notice for public hearing about adoption of an annual budget from two (2) weeks’ notice prior to the public hearing to adopt to fifteen (15) days. 35. Article III, Section 3.105, relating to Appropriations, for purposes of clarity in Section (A) deletes the words Town Mayor and replaces it with the words Town Manager. In Section (B) deletes 2.310 (d) and replaces it with 2.309 (B); and in Section (C) inserts the Arabic word 1 after the word one. 36. Article III, Section 3.107, relating to Expenditures deletes the word “budget” and replaces it with “fiscal year.” 37. Article III, Section 3.108, relating to Unexpended Funds, for purposes of clarity deletes the following language: “be included among anticipated revenues for the next budget year” and replaces it with the following language: “be carried into subsequent fiscal year in the Town’s cash balances.” 38. Article III, Section 3.111, renames the section from “Limitation of Taxing Powers” to “Taxing Powers.” 39. Article III, Section 3.112, relating to Revenues, deletes the word Town Office in item 3. A. and replaces it with “Melson Administrative and Public Safety Building.” 40. Article III, Section 3.115, relating to Authority to Borrow Money and Issue Bonds: (a) Adds the words “or appeal bonds;” (b) For purposes of clarity changes the language in item A. 1. from “affirmative vote of a majority of all elected members” to “affirmative vote of a majority vote of all members;” (c) In item (b) adds the Arabic numeral (2) after the word two; (d) In item (c) adds the Arabic numeral (1) after the word one; (e) In item (e) deletes the words “Supervisors of Town;” (f) In item (f) deletes the words “Supervisors of;” (g) In Item (B) for purposes of clarity adds the word “full;” deletes the word “said;” and changes the name of Councilperson and Councilmen to Council Member. 41. Article IV, Section 4.101, relating to Annexations of Properties Less Than five (5) acres: (a) Adds the language “in addition to the requirements for Annexation in Title 22 of the Delaware Code;” (b) Changes Town Council approval or disapproval of a submitted annexation petition from 120 days to 180 days; and (c) Inserts language allowing the Public Safety Department permission to have jurisdiction over any public road, public right of way, corridor, or stream, river, canal, or other waterways to the centerline thereof that is contiguous with or adjacent with the proposed area to be annexed. 42. Article IV, Section 4.102, relating to Annexation of Five (5) or more acres: (a) Adds the language “in addition to the requirements for Annexation in Title 22 of the Delaware Code,” and (b) Changes Town Council approval or disapproval of a submitted annexation petition from 120 days to 180 days. (This change allows the Council an additional 60 days to consider an annexation petition on property of five acres or less). 43. Adds Article IV, Section 4.103, Annexation of Property with Less than Unanimous Petition of Property Owners. This provides a third alternative for the Town in the annexation process and restores original language concerning annexation procedures that existed in the previous Town Charter. 44.Article V, Section 5.101, relating to Personnel Systems, deletes the wording in this section from “and shall present the same to the Town Council for consideration of enactment by ordinance” and replaces it with the following: “Appeal procedures for personnel decisions of the Town Manager may be established by the Town Council by ordinance.” The language change provides for better clarity. 45. Article VII, Section 7.101, relating to Status and Effect of this Act, deletes Chapter 640, Volume 18 and replaces it with Chapter 202, Volume 73 and language amending the current Charter to incorporate the changes suggested in the proposed Resolution for adoption.

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