HB 121 Delaware House · 149th General Assembly (2017-2018)

AN ACT TO AMEND THE CHARTER OF THE TOWN OF MILTON.

Summary
This bill makes the following amendments to the Charter of the Town of Milton: 1) Removal of an outdated metes and bounds description, in recognition of the current Town Map and recordation of any changes to the Town boundaries; 2) Use of a Special Review Committee for annexation petitions, with that committee having a member of the Planning & Zoning Commission and two Councilmembers, rather than three Councilmembers; 3) Uniformity in use of the term “Mayor and Town Council”; 4) Uniformity in reflecting administrative authority resting with the Town Manager or designee, and thus removal of vestiges from when the Town Clerk was the highest administrator; 5) Change of newspaper notice provisions from three newspapers to one newspaper plus publication on the Town website; 6) An update of the Town’s election procedures to reflect the State Constitution and the Delaware Code, including the Election Officers’ duties and a reduction of the residency requirement from 60 days to 30 days before the election; 7) Inclusion of a procedure to update the Town’s voter rolls; 8) Revision to the terms used for multiple Council meetings to avoid confusion with FOIA; 9) An adjustment to the Mayor’s and Councilmembers’ compensation per meeting; 10) Inclusion of authority for the Town to solicit letter quotations from at least three qualified responsible providers for materials or services between $5,000 and $20,000, when full competitive bidding is not often cost-effective; 11) Express adoption of the Code of Conduct in the Delaware Code; 12) Express adoption of FIOA’s definition for “public records” for inspection; 13) Removal of the alternative title of “Town Administrator” for the Town Manager; 14) Discretion in whether the Mayor and Council hire a Town Clerk, as opposed to the requirement of hiring a Town Manager; 15) Revisions to the management of the Police Department, including expressly providing that: a) the Mayor and Council establish the Department’s duties, which the Police Chief then directs; b) that direction to members of the Department be given through the Police Chief; c) that the Chief reports to the Town Manager for financial duties; d) that the Department shall preserve peace and order in Town limits and within one mile thereof; and e) that the Department need not take a person arrested to SCI, since other facilities, such as the Stevenson House for juveniles, may be the proper facilities; 16) Removal of the requirement that a costly full Town assessment be performed every ten years, and instead, that the Mayor and Council review the Town Assessor’s report each year; 17) Removal of the authority to tax vacant commercial structures in the Town Center District; 18) Reduction of the interest on delinquent property taxes from 2% per month to the legal rate in 6 Del. C. Section 2301; 19) Removal of the Town Manager’s liability on his or her bond for failure to account for uncollected taxes unless there is a showing of pursuing all remedies unsuccessfully; 20) Reduction of the redemption period following a tax sale from one year to 90 days, which is more comparable to the counties’ 60-day period; 21) Adjustment in the authority to establish fines, increasing the maximum to $2,500, except that fines for violations relating to historic preservation may exceed that amount; 22) Reduction of the maximum indebtedness of the Town for bonds and securities from 25% to 5% of the total assessments in Town; and 23) Expansion of the eligibility to vote in a special referendum regarding bond issuance to include resident non-property owners.
Bill status signed all 5 stages cleared
Introduction
Apr 2017
Committee Review
Jun 2017
House Passage
Jun 2017
Senate Passage
Jun 2017
Signed into Law
Jul 2017
Introduced Apr 4, 2017 Signed Jul 17, 2017
Floor votes · House Jun 6, 2017

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
12
Key actions
8
Committee
2
Amendments
5
Jul 17, 2017
Signed into law
Signed by Governor
executive
Jun 28, 2017
Upper · Passed
Passed By Senate. Votes: 15 YES 6 ABSENT
upper
Jun 21, 2017
Upper · Passed
Reported Out of Committee (Judicial & Community Affairs) in Senate with 3 On Its Merits
upper
Jun 9, 2017
Introduced
Assigned to Judicial & Community Affairs Committee in Senate
upper
Jun 6, 2017
Lower · Passed
Passed By House. Votes: 39 YES 2 ABSENT
lower
Jun 6, 2017
Lower · Passed
Amendment HA 2 to HB 121 - Passed In House by Voice Vote
lower
Jun 6, 2017
Lower · Passed
Amendment HA 1 to HB 121 - Passed In House by Voice Vote
lower
Jun 6, 2017
Lower · Passed
Amendment HA 1 to HA 1 - Passed In House by Voice Vote
lower
Jun 1, 2017
Introduced
Amendment HA 2 to HB 121 - Introduced and Placed With Bill
lower
May 11, 2017
Introduced
Amendment HA 1 to HB 121 - Introduced and Placed With Bill
lower
May 3, 2017
Lower · Passed
Reported Out of Committee (House Administration) in House with 4 On Its Merits
lower
Apr 4, 2017
Introduced
Introduced and Assigned to House Administration Committee in House
lower
2 primary · 0 co-sponsors

Sponsors