2005 CHARTER REVIEW COMMITTEE

The 2005 Charter Review Committee met on May 11, 2006, at 7:00 p.m. with Chairman Leary presiding. Members present were Mr. Christiansen, Mrs. Greenwood, Mr. Jones, and Mr. Scheller. Mrs. Malone, Dr. Miller, and Mrs. Merritt were absent. Mrs. McDowell was also present.

AGENDA ADDITIONS/DELETIONS

Mr. Leary requested that the agenda items be reversed, since members of City Staff are present for the discussion of item #2.

Mr. Jones moved for approval of the agenda, as amended, seconded by Mr. Christiansen and unanimously carried.

CHARTER REVIEW - ARTICLE IV

Members reviewed the following Sections of Article IV of the City Charter, as follows:

Sections 47, 49, 49A, and 50

Mr. Donald Capuano, City Assessor, reviewed Sections 47, 49, 49A, and 50 with members.

It was noted that there is a need to simply update the wording in these sections (i.e. Charter mentions trolley polls, but no mention of cell towers). Responding to Mr. Leary, Mr. Capuano stated that ideally, in-house reevaluations should be accomplished annually for residential properties and on a contract basis every so often for commercial properties. He explained that the biggest equity dispute is for residential property. He felt that the in-house reevaluations could be accomplished by the City Assessor’s Office if staffed properly. Mr. Capuano suggested that the Charter include language that would allow for an equalization study to be accomplished. The City Council would then make decisions once the study is submitted.

Mr. Capuano also advised members of property that has been “missed”, explaining that there are situations where there was a building permit issued and finalized and the property has not been included in the assessment. He explained that other jurisdictions have a declaration of value form that helps prevent this type of situation from occurring. He also felt that there should be an omitted assessment clause that would allow for the City to collect previous year taxes when and if the property has not been included in the assessment for some reason.

Concurring, members suggested that the omission clause provide a limit on the time allowed for collection of the taxes for previous years, such as three (3) years for residential and five (5) years for commercial properties.

After much discussion and review, Mr. Leary requested that Mr. Capuano provide members with updated language for Section 47 of the City Charter, 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.

It was noted that Section 50 was considered during their meeting of April 13, 2006 and that the recommendation would be forwarded to the Legislative, Finance, and Administration Committee for consideration. Responding to Mrs. Greenwood, Mrs. McDowell indicated that the committee’s recommendation on Section 50 has been scheduled to be considered by the Legislative, Finance, and Administration Committee during their meeting of June 12, 2006 for their review and recommendation to City Council.

Mr. Christiansen reminded members that he was not in attendance during the committee’s deliberation on Section 50 and for the record, it was his opinion that the Debt Limit should remain at its current level. He explained that there are other governmental bodies, school boards, etc. that attempt to circumvent the publics’ rights. Feeling that it is imperative that the public be kept a part and partial of such events, Mr. Christiansen suggested that the $1M limit was set to force Council to act in a fiscally responsible manner and receptive to the needs of its citizens.

Being a minority on this vote, Mrs. Greenwood indicated that there were only three (3) members, out of a membership of eight (8), that voted in favor of changing the limit to “no more that 1/4 of 1% of total assessed value of real property”, which would equate to approximately $4.5M to $5M.

There being no objections, Chairman Leary declared the meeting recessed at 8:11 p.m. and reconvened the meeting at 8:15 p.m.

Sections 42, 43, 44, 45, 46, and 48

Mr. Leary noted that the Treasurer/Finance Director has suggested that Section 44 be moved to Article III, under the City Manager. There were no objections by members for this amendment.

DISCUSSION - INSTANT RUNOFF VOTING PRESENTATION OF APRIL 20, 2006

Mr. Leary reminded members that there was a joint meeting of the City Council, 2005 Charter Review Committee, and Election Board held on April 20, 2006 for a Presentation on Instant Runoff Voting. He stated that it has been tradition that, when there are more than two (2) candidates, individuals are elected by a plurality vote, which in some cases could reflect less than 50% of the voters.

Mr. Jones moved that the City Charter continue to reflect simple plurality requirement for elections, seconded by Mrs. Greenwood and unanimously carried.

Mr. Leary noted that the City Solicitor is unable to attend the committee meeting scheduled for May 18, 2006 at 7:00 p.m. and that he is attempting to schedule a meeting for June 12, 2006. After discussing this matter, members suggested that during the May 18, 2006 meeting, members should continue their review of the City Charter.

Mr. Jones moved for adjournment, seconded by Mrs. Greenwood and unanimously carried.

Meeting Adjourned at 8:40 P.M.

Respectfully submitted,

Thomas J. Leary, Chairman

TJL/tm/jg

\Dover_1cityclerkClerksOfficeAgendas&MinutesMisc-Minutes2005 CHARTER REVIEW COMMITTEE20065-11-2006 Minutes.wpd