2005 CHARTER REVIEW COMMITTEE
The 2005 Charter Review Committee met on September 7, 2006, at 7:12 p.m. with Chairman Leary presiding. Members present were Mrs. Greenwood, Mrs. Malone, Dr. Miller, and Mr. Jones. Mrs. Merritt and Mr. Scheller were absent. Mrs. McDowell was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Leary requested the addition of item #2 - Housekeeping Items.
Dr. Miller moved for approval of the agenda, as amended, seconded by Mrs. Malone and unanimously carried.
CHARTER REVIEW - ARTICLE IV, FINANCIAL AFFAIRS
During their meeting of May 11, 2006, the City Assessor, Mr. Capuano, met with members to review sections of Article IV of the City Charter. Members requested that Mr. Capuano provide members with updated language for Section 47 and background information, as well as other recommended amendments to the various Sections of the City Charter involving tax assessment to be submitted to members for their review and consideration.
Mr. Capuano advised members that during the previous meeting (May 11, 2006), he did not recognize that there are many state laws that regulate issues that he had relayed concern. Therefore, it was not necessary for him to make certain changes, but rather read the state laws and have them implemented. Mr. Capuano submitted recommendations for amending Sections 47 and 49, as follows:
Section 47 - General Assembly Assessment and Levy on Utility Property
Noting that the first paragraph of Section 47 lacked qualifications for the certified independent outside appraiser as well as standards, Mr. Capuano suggested that it be amended to require the appraiser to be certified by the State of Delaware; International Association of Assessing Officers (IAAO) or other Appraisal Organization subject to the Uniform Standards of Professional Appraisal Practices (USPAP).
With regards to the supplemental assessments as indicated in the third paragraph of Section 47, Mr. Capuano suggested that item (1) include “shall be included with the supplemental/quarterly billing”.
As discussed during the last meeting, Mr. Capuano suggested amending the fifth paragraph of Section 47 by requiring three (3) or more copies (rather than two) and posted in three (3) public places (rather than two). The same would be true for the seventh paragraph, changing two (2) public places to three (3) public places.
Mrs. Greenwood moved to accept the proposed amendments to Section 47 as presented by the City Assessor. The motion was seconded by Dr. Miller and unanimously carried.
Section 49 - Payment and Collection of Taxes; Errors and Delinquents in Assessments
Mr. Capuano advised members that since his tenure (April 2006), he has discovered millions of dollars that have been omitted from the tax rolls. Technically, he, as the City Assessor, cannot assess those properties for years past. He stated that most states have laws that allow for back taxes to be collected for three (3), five (5), or six (6) years.
Members requested that Mr. Capuano provide language to include in the Charter that would allow for the collection of taxes for properties omitted, retro-active to three (3) years, to members for their review.
Housekeeping Items
Mr. Leary reminded members that there are topics that need to be resolved. He noted that the initial charge of the committee, allowed for members to develop a final recommendation to submit to Council in one year, which would be September 2006. In speaking with some members of Council unofficially, he stated that they have indicated their preference of members taking more time and doing a thorough job rather than meeting a deadline.
Mr. Leary noted that members still need to review Section 7 of the City Charter. Mrs. Greenwood reminded members that the committee has been charged with conducting four (4) public hearings and that only one (1) public hearing has been held. She also stated that she would like for members to discuss the Police Department reporting to the Mayor.
Mr. Leary also provided members with a letter (Attachment #1) received from Mr. DePrima, City Manager, requesting that members reconsider the “form of government” as was discussed during the committee meeting of July 6, 2006. Mr. DePrima would like for members to allow a guest speaker, Mr. Carl Luft, Town Manager of Newark, to present some perspective on the subject. Mr. Luft is a respected City Manager with over 25 years of experience and was recently endorsed by the N.E. ICMA Chapter President as the leading nominee for the ICMA Board of Directors.
There were no objections from members to grant the request of Mr. DePrima and to schedule a meeting for this discussion.
Mr. Leary suggested the following meeting dates: September 21st, 28th, and October 5th.
Mrs. Malone moved for adjournment, seconded by Dr. Miller and unanimously carried.
Meeting Adjourned at 7:40 P.M.
Respectfully submitted,
Thomas J. Leary, Chairman
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Attachment #1 - Letter from Mr. DePrima, City Manager, Dated September 7, 2006