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Senate Elections and Government Affairs Committee Meeting

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Senate Elections and Government Affairs Committee Meeting 1 Senate Elections and Government Affairs Committee Meeting Official Minutes 151st General Assembly First Session Committee Meeting Wednesday, March 10, 2021 11:30 a.m. Virtual Zoom Meeting Meeting Attendance Committee Members Present: Senator Kyle Evans Gay [email protected] Senator Darius Brown [email protected] Senator Stephanie Hansen [email protected] Senator Nicole Poore [email protected] Senator Ernesto Lopez [email protected] Senator Bryant Richardson [email protected] Staff: Mary Grace Colonna [email protected] Abigail Armstrong [email protected] Attendees: Organization: Senator Trey Paradee Senate Majority Caucus Representative Michael Smith House Minority Caucus Alexa Adams Sen. Nicole Poore Steven Bilbrough Town of Wyoming Claude Cable Jesse Chadderdon Delaware Senate Jeffrey Chubbs Jennifer Coverdale State of Delaware Facilities Gene Dvornick Town of Georgetown Julie Fedele CGO Don Gerardi Office of Management and Budget Rebecca Goldsmith Department of Finance Jaci Hugg Sen. Bruce Ennis Patrick Hughes Patrick J. Hughes Photography Darren Lester Delaware State Police Audrey Lindale Town of Wyoming Thomas Paskevicius DSP Minutes prepared by Abigail Armstrong 2 Sara Poore Delaware Senate Keri Rapa Delaware Senate Minority Caucus Matt Revel Delaware Senate Rosely Robinson A Hero’s Welcome Delaware John Sebastian Department of Correction Jason Smith Office of the Controller General Christella St. Juste Sen. Darius Brown Iskeisha Stuckey Food Bank of Delaware Paul Thornburg Teamster Local 326 Cara Wilson Delaware Division of Research Michael Wooleyhand Town of Wyoming Agenda: SB 41 HB 68 SB 57 SB 67 SB 68 Senator Gay convened the meeting at 11:34 a.m. and conducted roll call. Senator Gay altered SB 57 to be the first agenda item due to Senator Paradee’s scheduling constraints. I. SB 57 – Sen. Paradee – AN ACT TO AMEND THE CHARTER OF THE TOWN OF WYOMING. Synopsis: This Act amends the Charter of the Town of Wyoming (“Charter”) to clarify the authority of the Town in certain areas and to improve the operations of the Town. Specifically, in this Act: (1) Section 1 changes when newly elected Town Council members take office. Instead of waiting from the date of the election in February until May to take office, new council members would take office at an organizational meeting to be held as soon as possible following the sixth day from the certification of the election. (2) Section 2 simplifies the process for filling a vacancy on Town Council. (3) Section 3 is correlated with Section 1 and clarifies when new council members take office. Additionally, this Section establishes at will employment for all employees who do not have an employment contract. (4) Section 4 clarifies that the Mayor is authorized to vote as a member of Council in all situations and not just to break a tie and establish a majority vote. (5) Section 5 authorizes the Town to hire a Police Chief pursuant to an employment contract and allows the Town to not renew an employment contract without a finding of just cause or holding a hearing under Chapter 93 of Title 11 of the Delaware Code. (6) Section 6 establishes procedures for the Town to hire a Town Manager. (7) Section 7 authorizes the Town to issue quarterly supplemental tax assessment invoices for those properties that have had quarterly supplemental tax assessments completed by Kent County. Invoices paid within 30 days of the mailing of Minutes prepared by Abigail Armstrong 3 the supplemental tax invoice are to be given a 3% discount, and any invoices paid more than 90 days after the mailing of the supplemental tax invoice are subject to penalties and collection procedures outlined in the Charter. (8) Section 8 allows the Town to make allowances for delinquent taxes. This Section amends the Town’s ability to recover costs associated with collection proceedings to more closely reflect the monition method of collecting outstanding taxes. This Section clarifies that costs or assessments are subject to the lien process. (9) Section 9 authorizes the Town to enforce the removal of snow, ice, and dirt from sidewalks and gutters and authorizes the Town to assess individual members of a homeowners’ association for expenses incurred by the Town to bring property owned by the association into compliance with Town and State laws when the homeowners’ association fails to pay the amounts or has ceased to operate. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter. Finally, this Act makes technical corrections to conform the Charter to the standards of the Delaware Legislative Drafting Manual. Senator Paradee, the prime Sponsor of the legislation, provided a synopsis. This is a comprehensive Charter change to address the necessary updates. The Town of Wyoming and the Town’s attorney reviewed and updated the Charter. This Charter change passed unanimously by the Town of Wyoming before being presented to the General Assembly. Senator Paradee mentioned some highlights including when newly elected Town Council members take office, the simplified process for filling vacancies on the Town Council, and clarification on the Mayor’s authorization to vote as a member of Council. Also, the Charter allows the Town to order quarterly supplemental tax invoices for properties that had quarterly supplemental tax assessments completed by the county. This is for situations where properties are transferred in the middle of the year and would have prorated taxes. The Town did not have a mechanism for assessing or collecting taxes for this specific situation. Senator Paradee asked for any questions. Senator Gay recognized Mayor Steven Bilbrough. Steven Bilbrough, Mayor of Wyoming, thanked Senator Paradee for bringing the Charter forward. Wyoming is interested in making the Town Charter more in line with other municipalities in Delaware. Senator Gay thanked Senator Paradee and Mayor Bilbrough for their efforts. Senator Gay recognized Senator Poore. Senator Poore asked if the Council is in full agreement to move forward with these changes. Mayor Bilbrough stated that is correct. Minutes prepared by Abigail Armstrong 4 Senator Paradee thanked Mayor Bilbrough for the Town’s efforts and service. SB 57 – Reported out of the Committee – 2= Favorable 4= on its Merits 0= Unfavorable II. Approval of Minutes Senator Gay asked the members to review the minutes from the previous Committee meeting (01/21/2021). Senator Richardson motioned and Senator Poore seconded the approval of the minutes. III. SB 41 – Sen. Pettyjohn – AN ACT TO AMEND THE CHARTER OF THE TOWN OF GEORGETOWN RELATING TO ELECTIONS. Synopsis: This Act amends the Charter of the Town of Georgetown to more closely align with State municipal election requirements. This Act also adjusts the timing for the filing of Statements of Candidacy to be reflective of and in alignment with other timelines. This Act modernizes notice requirements to utilize the Town website, which will provide broader notice to the public. This Act also amends the procedure for handling an election resulting in a tie vote; a tie vote will be resolved by special election, rather than a decision by the Board of Elections, to promote a democratic resolution. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Senator Pettyjohn, the prime Sponsor of the legislation, provided a synopsis. The Town of Georgetown passed a resolution requesting this Charter amendment be approved. This would align Georgetown’s Charter more closely with Title 15 of the Delaware Code and the election requirements for municipalities. One notable change is that if an election tie occurred the Town would determine the winner by having another election. The previous provision allowed the board of elections to determine the winner. Senator Pettyjohn stated Georgetown’s Manager, Gene Dvornick, is available to answer any questions. Senator Gay recognized Senator Richardson. Senator Richardson asked if there has ever been a tie in a Georgetown election. Senator Pettyjohn stated there has not been a tie. Senator Gay asked if the department of elections has reviewed the changes or were consulted during the process. Minutes prepared by Abigail Armstrong 5 Senator Pettyjohn stated they were not and that the Charter references the existing Delaware Code that deals with elections within the municipalities. Senator Gay recognized Gene Dvornick. Gene Dvornick, Town of Georgetown Town Manager, joined by Georgetown’s Mayor Joe West thanked Senator Pettyjohn for identifying the changes. These changes are allowing the Town to modernize, specifically with technology. This was presented and passed as a resolution to the Mayor and Town Council. The Charter was also reviewed by the Town’s Solicitor and is consistent with the municipal election guidelines as outlined in Delaware Code. SB 41 – Reported out of the Committee – 2= Favorable 4= on its Merits 0= Unfavorable IV. HB 68 – Rep. Smith – AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND VOLUME 68, CHAPTER 88 OF THE LAWS OF DELAWARE, RELATING TO BUILDINGS AND GROUNDS. Synopsis: The National League of Families POW/MIA flag is a “symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoners, missing, or unaccounted for in all U.S. wars” 36. U.S.C. § 902. In 1989, the United States required the National League of Families POW/MIA flag be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. In 1991, Delaware enacted Senate Bill No. 87, Chapter 88 of Volume 68 of the Laws of Delaware, which required certain state buildings to fly the POW/MIA flag each day.
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