HomeMy WebLinkAbout1995-06-05 Consolidation
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 711
ASSEMBLY
The New Hanover County Board of Commissioners and Wilmington
City Council held a Consolidation Study Commission meeting on
Monday, June 5,1995, at 8:00 A.M. in the City Hall Council
Chambers, 102 North Third Street, Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; WilliamA.
Caster; William E. Sisson, Jr.; vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen 0' Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Members present from the Wilmington City Council were: Mayor
Don Betz; Mayor Pro-Tern Katherine B. Moore; Councilmembers J. D.
Causey; Hamilton E. Hicks, Jr.; Laura Padgett; Charlie Rivenbark;
Michael Youngblood; City Manager, Mary Gornto; City Attorney, Tom
Pollard; and City Clerk, Penelope Spicer-Sidbury.
Chairman Greer and Mayor Betz called the respective boards to
order.
Chairman Greer commented on the need for all reports to be
presented by the subcommittees in order to complete the study
process by mid-summer.
REPORT FROM THE PLANNING AND ZONING COMMITTEE
Councilmember Hicks reported the Planning and Zoning Committee
had completed most of its work and noted that out of all the
consolidation efforts, this particular merger had proven to be
workable with some of the groundwork for the upcoming merger
already in place.
He reported a Wilmington-New Hanover Planning Commission will
be established with the planning jurisdiction limited to the areas
of the consolidated government. The Planning Commission will be
composed of nine members appointed to serve three-year staggered
terms. Code Enforcement and the merging of the City and County
ordinances will be placed under planning, which will require a
tremendous amount of work.
Councilmember Padgett inquired as to whether the Planning and
Zoning Committee addressed the merging of the Planning Departments?
Councilmember Hicks responded the Planning Departments would
be merged with one director and associate director to be determined
by the manager.
Councilmember Padgett inquired as to whether the manager would
determine the number of employees and the basic responsibilities of
those employees in the Planning Department?
Commissioner Sisson responded the Planning and Zoning
Committee worked toward bringing as many functions as possible
under the umbrella of the Planning Department to implement a one-
stop permitting procedure. For example, the Transportation Plan is
now under the City Engineering Department, and after review, the
Committee felt this particular item should be placed under the
Planning Department; however, there are other transportation
functions that should remain under the Engineering Department.
Also, Code Enforcement should be placed under the Planning
Department instead of being under the County Inspections
Department. The combining of the City and County Ordinances will
require a great deal of time by the City and County planning
personnel. After the initial transition period there could be a
reduction in personnel; however, the City Planning Department is
currently understaffed and the County Planning Staff has not grown
in the past seven years; therefore, the Committee felt it would not
be necessary to cut or add positions during the transition period.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 712
Mayor Betz inquired as to whether consideration had been given
to an interim j oint Planning Board for review of overlapping
ordinances?
Commissioner Sisson stated when the two governments officially
consolidate, a new Planning Commission would be appointed with the
members being required to work under both the City and County
zoning codes. During the interim period, the City and County
Planning Boards would remain in place and work toward combining the
codes during the transition period.
Commissioner Barone expressed concern for appointing nine
members to serve on the new Planning Commission and inquired as to
the criteria used to determine this number?
Councilmember Hicks commented on the volume of work that will
be required by the Planning Commission to combine the two
ordinances and explained that a majority of members must be present
at all meetings. He stated with the heavy workload that will be
required of non-paid volunteers, the Committee felt nine members
would be appropriate to more equitably spread the workload.
Mayor Betz inquired as to the number of members on the past
combined Planning Board? Councilmember Hicks responded that nlne
members served the former City and County Planning Board.
Commissioner Sisson advised that one reason for appointing a
nine-member Planning Commission was that members of the Planning
Commission will have to sit as the committee that reviews and
approves subdivisions. Also, nine members will provide for a more
evenly spread geographic distribution throughout the County.
Councilmember Padgett inquired as to when the Planning
Commission would be formed, or would this be part of the interim
situation before the consolidated government becomes effective?
Commissioner Sisson advised the Planning and Zoning Committee
report did not establish an effective date. Possibly, this item
should be addressed when one manager is operating the consolidated
government; or should the Commission be appointed before that date;
or should two boards be kept in place until the governments are
formally merged. He reported these issues would have to be
addressed.
Mayor Pro-Tern Moore recommended keeping both Planning Boards
in place until the both governments are merged at which time, the
new Planning Commission would be appointed.
Councilmember Hicks recommended giving everyone an opportunity
to read the final report by the Planning and Zoning Committee
before voting on these issues.
Chairman Greer inquired as to the regulations that will be
used in the interim period until a new Planning Commission lS
appointed?
Mayor Betz advised that the Wilmington City Council and New
Hanover County Board of Commissioners would continue to meet as
separate governing bodies during the transition period and render
planning decisions based upon the current City and County Zoning
Ordinances and recommendations of the respective Planning Boards.
He requested the Planning and Zoning Committee to prepare a
statement that would say upon a favorable vote on the consolidation
issue, the two existing Planning Boards would meet jointly to
review the Zoning Ordinances of the City and County during the
transi tion period so the new ordinances could be reviewed and
adopted by the new consolidated Planning Commission. In his
opinion, a statement of this type would allow the Consolidation
Study Commission to approve the final report at the next meeting.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 713
Commissioner Sisson agreed with Mayor Betz and advised the
existing rules would have to be followed until the new ordinances
were developed. He stated, in his opinion, there would be no
reason for the two Planning Boards to hold public hearings on
recommendations for various changes to the ordinances because once
the consolidated government is merged, the ordinances will have to
be adopted by the new Planning Commission through the public review
process.
Councilmember Rivenbark recommended establishing a time frame
that would state from this day forward, the two Planning
Departments would be working toward combining the ordinances.
Commissioner Sisson responded a date or time frame could be
placed in the Planning and Zoning report.
Councilmember Rivenbark commented on the need to combine the
Planning Departments and stated regardless of whether consolidation
is approved or rej ected by the voters, this effort should be
pursued by the City and County because of the small geographic Slze
of New Hanover County. Councilmember Padgett agreed.
Councilman Youngblood agreed with the merger of the Planning
Departments and stated, in his opinion, the City and County should
currently have one Zoning Ordinance.
REPORT FROM THE ADMINISTRATION AND PERSONNEL COMMITTEE
Commissioner Sisson reported the Administration and Personnel
Committee was trying to obtain job descriptions from the City in
order to match job descriptions with County positions. Also, the
Committee had been in the process of trying to determine how to
merge salary scales that did not match with a position in the
salary plan. Once these descriptions have been received, a report
will be made to the Consolidation Study Commission.
Mayor Betz requested the City Manager to comment on the status
of the job descriptions.
City Manager, Mary Gornto, responded the job descriptions had
been forwarded to staff.
REPORT FROM THE CHARTER COMMITTEE
Mayor Pro-Tern Moore reported the report had been presented by
the Charter Committee with no decision made on whether to hold
partisan or non-partisan positions.
After further discussion, Councilmember Padgett recommended
voting on this issue since everyone was present.
Roll Call Vote for Partisan or Non-Partisan Elections: Chairman
Greer; Vice-Chairman E. L. Mathews; Commissioner Barone,
Commissioner Caster, and Councilmember Youngblood voted in favor of
partisan elections for a total vote count of 6.6 rounded off to 7
votes.
Mayor Betz; Mayor Pro-Tern Moore; Councilmember Causey;
Councilmember Hicks; Councilmember Padgett; Councilmember
Rivenbark; and Commissioner Sisson voted in favor of non-partisan
elections for a total vote count of 7.4 rounded off to 7 votes.
The ROLL CALL VOTE RESULTED IN A TIE VOTE.
REPORT FROM THE FINANCE AND BUDGET COMMITTEE
Chairman Greer reques ted the subcommi t tees to
budget forms to the Finance and Budget Committee before
to be held on Wednesday, June 7, 1995.
return the
the meeting
Commissioner Barone inquired as to whether the Utili ties
Committee had the necessary figures to complete the budget form.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 714
Assistant County Manager, Dave Weaver,
would be submitted before Wednesday.
reported the figures
REPORT FROM THE PUBLIC SAFETY COMMITTEE
Commissioner Sisson reported the preliminary figures on
providing fire service to the unincorporated county would not be
received until the next committee meeting scheduled for June 7,
1995. A report is being prepared by Fire Chief, Sam Hill, and Mr.
Dennis Pinho, a member of the Fire Commission, to reflect the cost
of fire service to the unincorporated areas of the County using the
Ci ty' s salary schedule for paid personnel. He advised that
financing for the provision of fire service would have to be
addressed either through the general fund or establishment of a
fire tax district that would reflect the level of services being
provided to certain areas. For example, areas with low fire
hazards would require less equipment and manpower versus higher
hazard areas that would require more equipment and manpower.
Councilmember Rivenbark inquired as to whether the
organizational structure for the fire service had been addressed?
Commissioner Sisson responded the organizational structure
presented at the last meeting had been reviewed by Fire Chief Hill
and Mr. pinho with the proposal being carried to the Volunteer Fire
Departments to see if agreement could be reached on the proposed
structure.
Councilmember Rivenbark requested an explanation of the
proposed plan.
Commissioner Sisson responded the proposed plan would
establish a fire service composed of a municipal service to cover
the current incorporated city limits, and an urban service to cover
the unincorporated county. The municipal fire service would be
paid personnel with scheduled volunteers to fill personnel gaps
because of firemen taking vacation leave, sick leave, or other
absences.
Councilmember Rivenbark asked if the proposed plan was based
upon the assumption of personnel gaps in the Wilmington Fire
Department?
Commissioner Sisson responded he understood the City did
experience personnel gaps in the fire service. He reported that
Chief Hill had stated this was one reason the City received a Class
II rating instead of a Class I rating. In his opinion, the idea of
utilizing scheduled volunteer fire personnel to fill those gaps
would meet this need without having to hire additional personnel
for the municipal service. In the urban service, the structure
would be primarily volunteer based, but would include paid
personnel. Both the municipal and urban components would use
scheduled volunteers to provide the fire service. The mutual aid
contracts would remain basically the same, but should be better
coordinated under one consolidated fire service.
Councilmember Rivenbark inquired as to the number of persons
that would head the fire service?
Commissioner Sisson responded there would be one Fire Chief
with a Fire Services Coordinator for the urban fire service and a
Fire Services Coordinator for the municipal service with both
coordinators serving under the Fire Chief. Also, it must be
determined if the consolidated Fire Department should remain
traditionally structured with the positions of Assistant Chiefs,
Battalion Chiefs, Captains, etc., or should the positions be
changed to reflect a more flexible type of structure that would
allow the volunteer leaders to become a volunteer/paid department
without lowering the quality of fire service. He stated once the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 715
report is received, everyone will have a better understanding of
the proposed organizational structure.
Councilmember Padgett asked if two levels of fire serVlce were
being proposed?
Commissioner Sisson responded two levels of service were being
proposed, but not necessarily drawing on the municipal or
unincorporated boundaries, but more toward higher fire hazards,
such as the State Ports and the 421 North Industrial Corridor.
Councilmember Hicks disagreed with the comments by
Commissioner Sisson relative to personnel gaps in the City Fire
Department and reported the City did not have a personnel problem.
Mayor Betz commented on the City of Wilmington having the
highest ISO rating in the State of North Carolina and reported
there were no personnel gaps in that department. He pointed out
that the City had a highly trained and well-equipped hazardous
waste team with up-to-date, modern fire-fighting equipment.
Commissioner Sisson apologized for the manner in which he
phrased his statement, and stated it was his understanding that a
shortage of manpower was the reason why the City received a Class
II rating instead of a Class I rating. He noted that scheduled
volunteers would be a valuable asset to the municipal fire service
if situations should occur with unforeseen manpower shortages.
Councilmember Youngblood commented on the many issues that
need to be addressed that could be costly, and reported due to the
high density of areas just outside the city limits, there may be a
need for additional municipal fire stations to assure an adequate
response time. Also, Chief Hill and Mr. pinho are in the process
of reviewing how the paid and volunteer response time will mesh.
After further discussion of the fire service, Mayor Betz
recommended waiting until a recommendation had been received from
the Public Safety Committee before deciding on the various issues
involved with fire service.
REPORT FROM THE UTILITIES COMMITTEE
Vice-Chairman Mathews reported the Utilities Committee would
present its final report at the next meeting.
Councilmember Padgett inquired as to whether the budget form
from the Utilities Committee had been submitted to the Finance and
Budget Committee?
Assistant County Manager, Dave Weaver, responded the budget
form had been completed.
Councilmember Youngblood inquired as to future plans for
extending water into the county?
Councilmember Hicks responded water extension was discussed
but not resolved by the Utilities Committee.
A lengthy discussion was held on the development of a formula
for extending water. Commissioner Sisson commented on the
extensive groundwater study currently being performed by a Task
Force and reported the findings of this study could make any
recommendations by the Utilities Committee moot.
Councilmember Rivenbark commented on the number of groundwater
studies performed and noted he had seen a report by Rod Andrew
which did include the Castle Hayne Aquifer.
Commissioner Sisson advised that Rod Andrew was a member of
the Task Force, and it was felt that insufficient information was
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 716
available at
groundwater.
water in the
Aquifer.
the present time to justify a recommendation on
The study will not only include groundwater, but the
Cape Fear River and its impact on the Castle Hayne
Discussion was held on purchasing private water systems.
Mayor Pro-Tern Moore noted the purchase of private systems would be
a way to help establish a county-wide water system.
Commissioner Sisson requested the Utilities Committee to
incorporate the purchase of private water systems into the final
report.
Councilmember Hicks commented on the following problems with
the purchase of private water systems: (1) the pipe size must be
sufficient to guarantee the flow and delivery of water to
subdivisions downstream; (2) not all private water systems have
fire plugs; and (3) can the well provide a guarantee flow of water
in the worst case condition. He reported the Groundwater Task
Force was in the process of gathering specific engineering data
about the volume and quality of water in certain points of the
aquifer, which would be beneficial in determining how to expand
water throughout the County.
Mayor Pro-Tern Moore inquired as to whether it would be
financially feasible to upgrade private water systems?
Councilmember Hicks stated hopefully private water systems
could be upgraded.
Councilmember Youngblood, again, recommended preparing a
formula or some type of statement for water extension in the
consolidated government.
Mayor Betz reminded the group that the County Commissioners
serve as a Water & Sewer District Board, and pointed out this
district would remain in place under the consolidated government as
required by N. C. General Statutes. Therefore, the consolidated
government would have to enter into interlocal agreements with the
Water & Sewer District. He reported this item had been included in
the Utilities Committee's report along with recommendations for
stormwater management.
Councilmember Youngblood commented on the preparation of a
stormwater recommendation and inquired as to whether sensitive
areas, such as Hewlett's Creek had been included in the report, and
stated if not, this issue should be addressed in the final
recommendation.
vice-Chairman Mathews reported sensitive areas, such as
Hewlett's Creek, had not been specifically addressed at this point.
In his opinion, stormwater management is still undecided.
Commissioner Sisson inquired as to whether the issue of solid
waste disposal had been addressed by the Utilities Committee?
Mayor Betz responded the solid waste issue had not been
addressed. He reported the Utilities Committee was directed to
address the formation of a Water & Sewer Department, which did not
include sanitation.
Commissioner Sisson asked which committee would address
sanitation services?
Mayor Betz responded staff could prepare a report on the
current delivery of sanitation services by both governments.
Councilmember Hicks responded the solid waste program would
continue within the current corporate limits; however, the question
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 717
to be answered under a consolidated government, is if an outside
area demands the same type of services, how would the government
pay for the provision of those services?
Councilmember Youngblood commented on this being a good point
and stated this question should be answered by the Utilities
Committee.
Mayor Pro-Tern Moore recommended considering a user fee to pay
for solid waste disposal.
Councilmember Youngblood agreed and reported a user fee would
promote the most efficient system, and he recommended asking a
committee to address this issue.
Mayor Betz recommended forming another committee to study the
solid waste issue.
Councilmember Padgett strongly objected to entering into a
consolidated government with a low-base tax rate without knowing
the additional costs for extending water and sewer and solid waste
pick-up and disposal. She cautioned establishing a tax rate and
later informing the public that an additional 20 cents would be
needed to handle these services. She expressed concern for not
presenting a complete picture to the public when voting on the
consolidation issue, and stated the Consolidation Study Commission
should be responsible for addressing the costs of these services
and how they will be paid as well as the cost for the levels of
fire protection. Emphasis was placed on the need to present a
complete plan to the public in order for consolidation to receive
a favorable vote.
Commissioner Barone advised that solid waste in the County was
contracted through private carriers; therefore, the private
carriers would have to determine the costs for the provision of
services to the customers.
Chairman Greer pointed out that consolidation of the two
governments would not change the cost for solid waste disposal in
New Hanover County.
Councilmember Padgett responded that persons in the City were
paying to subsidize solid waste disposal as well as being required
to pay additional fees to the City for curbside pick-up and
recycling. She explained that the efficiency of the City's system
had been created by the fact that everyone had to participate in
curbside collections. She inquired as to whether an urban service
district would be created that basically would include the City or
an expanded City, and if so, what additional services would those
people receive, and what would be the projected cost?
Mayor Betz commented on the great statement presented by
Councilmember Padgett, but stated the two systems are funded
entirely different; therefore, the charter document should include
a policy statement explaining how those services will be funded.
In his opinion, to expect the Utilities Committee to prepare a cost
projection of $500 million would ensure failure of the
consolidation issue in the fall.
Councilmember Padgett responded she was simply trying to state
that the entire question should be presented to the voters without
ignoring half of the basic costs.
Mayor Betz responded these issues should be presented to the
voters in the appropriate form showing that water and sewer
services will be funded by user fees, not by the tax rate, with a
phase out period of three years for removal of the sales tax.
Extensions of water and sewer will comply to the policies adopted
by the Water & Sewer District and by the City of Wilmington.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 718
Councilmember Padgett, again, reiterated the importance of
clarifying this issue and providing some cost estimates.
Mayor Pro-Tern Moore reported the information being requested
by Councilmember Padgett was not required, and, in her opinion, the
voters will decide whether or not enough information had been
provided in the charter.
Councilmember Padgett responded if the voters reject the plan
because of a lack of information, then the Consolidation Study
Commission will have failed in its mission.
Mayor Pro-Tern Moore pointed out that preparing a consolidation
plan would at least give the voters an opportunity to vote on a
consolidated government; whereas, under annexation no one would be
given an opportunity to vote, not the citizens living in the City,
nor the citizens being annexed.
Councilman Hicks reminded the group that public hearings would
be held on these issues; therefore, the comments received from the
public would determine if further information was needed to address
the costs involved with water and sewer and waste disposal.
Chairman Greer explained that Councilmember Padgett was trying
to say that any costs to be paid by the taxpayers should be
determined upfront; however, Mayor Betz was trying to explain that
under the Utilities Committee's recommendation, the Water and Sewer
District would stand on its own through user fees. As to the
extension of water and sewer lines, it would be difficult to
address this issue because no one knows where the future lines will
be located or the costs at that time. In his opinion, the
consolidated board will have to decide at the appropriate time when
water and sewer extensions are needed and how these extensions will
be financed.
Mayor Betz recommended the preparation of a general policy
statement as part of the final report submitted by the Utilities
Committee.
After further discussion, Commissioner Sisson suggested
inclusion of a statement in the final report of the Utilities
Committee that will clearly explain that the newly elected
consolidated board will serve as the Water and Sewer District Board
of Commissioners. He stressed the importance of people
understanding that all costs, including unforeseen costs, cannot be
determined for the different types of services in the future.
Also, the charter should ensure that elected officials are the
persons who approve user fees so the public will be provided an
opportunity to comment.
Councilmember Rivenbark expressed concern for not establishing
policies for the future board, and at the same time requesting the
voters to trust a new board.
After a lengthy discussion on the different levels of service
and the funds used to pay for these services, it was generally
agreed that the solid waste issue should be addressed by the
Utilities Committee with other members of the Consolidation Study
Commission attending the meetings if so desired.
OTHER ITEMS
Discussion of Procedure for Filling Vacancies on the Consolidated
Board
Commissioner Barone referenced the minutes of May 1, 1995, and
expressed concern for the Charter Committee approving a procedure
that would allow the governing body to appoint replacements from a
member of the political party represented by the vacating member.
She strongly objected to this procedure and reported she felt the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 719
candidate receiving the next highest number of votes
appointed to fill the vacancy.
should be
Mayor Betz responded this procedure was presented and adopted
by the Consolidation Study Commission in the report submitted by
the Charter Committee.
Councilmember Youngblood reported in partisan elections the
normal procedure was for the Executive Committee of a party to
recommend a person to fill the vacancy with the governing body
officially making the appointment.
Commissioner Barone reported ln the past, the City had
appointed the candidate receiving the next highest number of votes.
Mayor Betz disagreed with Commissioner Barone and reported the
Council had not automatically appointed the candidate with the next
highest number of votes as the person to fill a vacancy on the City
Council.
Chairman Greer reported that N.C. Statutes 160A-603 and 153A-
27 require counties to appoint replacements from a member of the
political party represented by the vacating member.
Discussion of Contract with the Jacksonville/Duvall
Government
Commissioner Barone
any information from
Government relative to
government.
Consolidated
inquired as to whether staff had received
the Jacksonville/Duvall Consolidated
a municipality within the consolidated
County Attorney Copley reported that contact had been made
with the Jacksonville/Duvall Consolidated Government about the
issue of debt; however, currently there was controversy about
Jacksonville Beach coming out of the consolidated government
because of concern about the beach not being properly represented
due to the population of the combined government.
Councilmember Youngblood reported he would like to hear a
report from Jacksonville/Duvall and recommended assigning this item
to the Charter Committee.
Chairman Greer expressed concern for the amount of time left
to complete the charter and stated, personally, he did not need to
receive this information from the Jacksonville/Duvall Consolidated
Government.
Discussion of Voting Procedure for the Consolidation Study
Commission
Vice-Chairman Mathews reported at the meeting held by the
Consolidation Study Commission on April 10, 1995, there was a
consensus among the group to vote on each subcommi t tee report
individually. At the next meeting held on May 22, 1995, questions
arose as to the voting procedure on the final charter. He advised
the members of the Consolidation Study Commission that 27 meetings
had been held among the various subcommittees and 7 Consolidation
Study Commission meetings had been held; therefore, he felt a roll-
call vote should be held as to how the Consolidation Study
Commission would vote on the completed plan.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Mayor Pro-Tern
Moore to call for a roll-call vote on how the Consolidation Study
Committee should vote on the final plan.
The floor was opened to discussion.
Mayor Pro-Tern Moore advised that once the City Council and
Board of County Commissioners agreed to form a Consolidation Study
Commission, it was agreed that all items should be voted on by the
Commission, not the individual governing bodies. She pointed out
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 720
the Commission was a separate entity and, in her opinion,
individuality was not a choice, but if group desired to vote on the
issue, she had no problem.
Councilmember Padgett inquired as to whether the Commission
was going to vote on bits and pieces?
vice-Chairman Mathews responded the lssue was whether the
Commission would vote on approval of the final reports by each
subcommittee or the final plan.
Chairman Greer expressed concern for the Consolidation Study
Committee completing a final plan and at the end of the process not
being satisfied with the document, which would kill the
consolidation effort. He recommended discussing and approving each
subcommittee report piece by piece with concerns addressed and
parts being removed or changed at that time. He, again, expressed
concern for voting on a completed document at the end of the
process.
Councilmember Causey reported in the minutes of the last
meeting, the Mayor indicated the Board should take an official vote
on the final document, and he concurred with this recommendation.
Councilmember Rivenbark reported he felt the Commission
decided from the beginning to vote on the final document.
Mayor Pro-Tern Moore disagreed and reported the two governing
bodies established themselves as a Consolidation Study Commission
that would vote on the issues, not as individual governing bodies.
Councilmember Causey commented on this matter not being a
legal question and reported as a Consolidation Study Commission you
vote on the issue as a whole, and then the issue is carried back to
the City Councilor the Board of County Commissioners to vote on
separately, if so desired.
Councilmember Padgett advised it was her understanding that
when the Consolidation Study Commission was formed, this Commission
would either recommend, or not recommend, a consolidated government
to the voters with the voters making a final decision.
Commissioner Sisson expressed concern for voting on the plan
as individual bodies, which could kill the entire consolidation
process.
Councilmember Youngblood commented on accepting the paragraphs
and parts of the subcommittee reports and expressed concern for not
voting on the final document by the group as a whole because
placing these parts into sentences could change the structural
meaning of the document when being prepared by staff. He
recommended allowing the elected officials to vote on the charter
that will be placed on the ballot. He commented on the draft
charter presented this morning, and reported he was in favor of
preparing this type of document for a final review and vote.
Mayor Pro-Tern Moore asked why a group vote should be taken if
each committee report had been voted on and adopted by the
Consolidation Study Commission?
Councilmember Youngblood, again, reiterated the fact that
placing these parts of reports into a final document could change
the meaning and intent of the language.
Mayor Betz pointed out the persons from the public will be
asking each elected official if he or she supported the plan, and
he expressed concern for asking people to support and vote on the
plan when the Consolidation Study Commission had not voted on the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 721
final plan as a group.
Commissioner Sisson suggested continuing to adopt the
subcommittee reports when presented and then request each
subcommittee to review its section of the charter to be sure the
intent was not changed with the language used in the final charter.
Councilmember Youngblood commented on the need to be able to
amend the final charter as a group and reported if a motion was
placed on the floor to amend the final charter, a second would have
to be received with a majority vote before the amendment was
approved.
Councilmember Padgett responded if this procedure was used and
there were objections to pieces of the subcommittee reports, hours
could be spent in trying to adopt amendments to the final document.
She stated the completed document with the subcommittee reports
should be placed before the voters in lieu of trying to adjust the
final charter to suit each individual member of the Consolidation
Study Commission.
Commissioner Sisson pointed out the issue to be addressed was
not allowing each member of the Consolidation Study Commission to
pick apart each section of the charter. He recommended developing
some procedure that would allow each subcommittee to review its
final section of the charter and be sure the meaning of the
committee report had not been altered by the final language used in
the charter. If someone should have a major question about the
document itself, then the document could be voted on as a group.
He also agreed with Councilmember Padgett and stated meetings could
last until 2:00 A.M. in the morning if each member was allowed to
present amendments. He stressed the importance of addressing
concerns about each subcommittee report when the report was
presented, and stated the final document should not be used as a
tool to include items that were not approved ln the committee
reports.
After further discussion of the motion, the County Clerk
requested clarification of the motion and asked if it was the
intent of the Commission to proceed with a roll-call vote by the
Consolidation Study Commission on the subcommittee reports as
presented in lieu of voting on the final plan at the end of the
process.
Councilmember Rivenbark recommended adding an additional
sentence to say the final draft would go back to each subcommittee
to be sure the subcommittee was comfortable with the way the
recommendations had been written into the charter.
After further discussion, Chairman Greer, again reiterated
that time was a factor, and recommended a review of the draft
charter reflecting each subcommittee's recommendation with any
correction to that section of the draft charter at the next meeting
of Consolidation Charter Committee instead of waiting to the end of
the process to vote on a final plan.
The County Clerk was requested to read the motion. The
following motion was read:
To proceed with a roll-call vote by the Consolidation Study
Commission on the subcommittee reports as presented in lieu of
voting on the final plan at the end of the process.
Councilmember Padgett recommended changing the motion to read,
"the subcommittee reports as adopted" instead of presented.
It was agreed by Vice-Chairman Mathews and Mayor Pro-Tern Moore
to amend the motion to read as "adopted" instead of presented.
Chairman Greer advised the group that a yes vote would mean
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONSOLIDATION STUDY COMMISSION, JUNE 5, 1995
BOOK 24
PAGE 722
the member was in favor of proceeding with the plan by adopting
subcommittee reports, as currently being done; or a no vote would
mean the member would rather vote on the final plan at the end of
the process.
Vote on Amended Motion: Vice-Chairman Mathews MOVED, SECONDED by
Mayor Pro-tern Moore to proceed with a roll-call vote by the
Consolidation Study Commission on the subcommittee reports as
adopted in lieu of voting on the final plan at the end of the
process. Upon vote, the MOTION CARRIED 9 to 5 as follows:
Voting Yes: Commissioner Barone
Commissioner Caster
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Mayor Pro-Tern Moore
Councilmember Padgett
(Rounded off vote count: 9)
Voting No:
Councilmember
Councilmember
Councilmember
Councilmember
Mayor Betz
(Vote Count:
Causey
Hicks
Rivenbark
Youngblood
5)
Discussion of Draft Charter
Chairman Greer requested each member
charter and be prepared to correct any items
meeting.
to review the draft
of concern at the next
City Attorney, Tom Pollard, reported when reviewing the draft
charter, there would be blanks because many of the items had not
been developed. Also, brackets would be used to present
alternative procedures. He commented on the sheet distributed
relative to issues that are in the current City Charter and
reported these items will be lost if they are not included in the
draft document. He noted many of the items were planning
procedures, and he suggested that the members of the Commission
review the list to see if these items should be included in the
draft charter. Also, the civil service issue was not included on
the list.
CONSOLIDATION STUDY COMMISSION MEETINGS SCHEDULED FOR JUNE 22,
1995, AND JULY 18, 1995
After discussion of trying to complete the document in July
and the fact that no date could be selected without one member
being absent in June, it was agreed to delay voting on the partisan
or non-partisan issue in June, and schedule meetings of the
Consolidation Study Commission on Thursday, June 22, 1995, at 8:00
A.M. and July 18, 1995, at 8:00 A.M. in the Council Chambers of the
City Hall.
on an
1995,
1995,
Councilmember Causey expressed concern for postponing a vote
issue because a member would not be present at the June 22,
meeting and reported according to the minutes of May 22,
action was taken when he was absent.
ADJOURNMENT
Chairman Greer adjourned the meeting at 10:05 A.M.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board