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1995-04-10 Special Meeting on Consolidation ""'Ill MINUTES OF CONSOLIDATION STUDY COMMISSION- APRIL 10, 1995 PAGE 622 ASSEMBLY The New Hanover County Board of Commissioners and Wilmington city Council held a Consolidation study Commission meeting on Monday, April 10, 1995, at 8:15 A.M. in the Madeline suite of the University of North Carolina at Wilmington, 601 South College Road, Wilmington, North Carolina. e Members present were: Commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert -G. Greer; County Manager, Allen O'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-Tem Katherine B. Moore; Councilmembers J. D. Causey; Hamilton E. Hicks, Jr.; Laura Padgett; Charlie Rivenbark; City Manager, Mary Gornto; city Attorney, Tom Pollard; and City Clerk, Penelope Spicer-Sidbury. Councilman Michael Youngblood arrived late. Mayor Betz called the Wilmington city Council to order. Chairman Greer called the Board of County Commissioners to order and welcomed everyone present. The following reports were received from the various subcommittees: e REPORT FROM THE ADMINISTRATION AND PERSONNEL COMMITTEE Chairman Greer reported the Aqministration and Personnel Committee made an effort to determine if there was a duplication of services among the various departments, and if so the impact of consolidation on those departments. It was determined that most departments would not be affected; however, the Planning, Zoning, and Law Enforcement departments would receive a major impact. Discussion was held on whether there were too many employees in the departments with the conclusion that neither the city or County were over staffed at the present time. The Committee felt that over a period of time, Staff efficiency would be realized and positions would be reduced, but at the initial merger, very few positions would be eliminated. Chairman -Greer reported the County had already implemented a hiring freeze to allow positions to remain vacant so employees would not lose jobs. Further discussion was held on the importance of informing City and County employees about the decisiorls being made. Lateral transfers were discussed with the idea of allowing qualified employees to transfer into new positions within the various departments. commissioner Barone inquired as to whether City and County benefits had been compared? e commissioner Sisson responded that Staff was in the process of comparing the benefits provided by both governments. Mayor Pro-Tem Katherine Moore recommended formally addressing a plan that would allow present city and County employees to be given the first opportunity to fill any vacant positions that would become available. Chairman Greer reported the Administration and Personnel Commi ttee had already discussed establishing a personnel pool composed of City and County employees that would give first consideration to these employees before hiring from the outside. ~ MINUTES OF CONSOLIDATION STUDY COMMISSION APRIL 10, 1995 PAGE -.~2') Mayor Pro-Tem Katherine Moore commented on the procedure to be used when the Consolidation study Commission reviews the administrative arm of t~e consolidated government and recommended incorporating the heads of each department into the new government. For example, if the County Manager was appointed to serve as the Manager of the consolidated government, the City Manager would automatically become the Assistant County Manager. She requested the Administration and Personnel Committee to prepare a policy that clearly spells out this procedure in order to be fair to all City and County administrative employees. o Councilman Rivenbark emphasized the importance of assuring City and County employees that every consideration would be given to avoid the loss of jobs; however, in his opinion, City and County employees should not be told that every employee will be given a job. He inquired as to whether a list of duplicated services and employees performing those services had been prepared? commissioner sisson responded that the Directors of Personnel were in the process of preparing a list of jobs; however, it should be understood that a Personnel Analyst I with the city may not have the same duties and responsibilities' as a Personnel Analyst I with the county. This type of duplication is being reviewed and classifications are being prepared for presentation at the next meeting of the Administration and Personnel Committee. Mayor Pro-tem Katherine Moore expressed concern for cutting positions until the organizational structure was developed and actually working. She reminded the elected officials that the same number of taxpayers would have to be served under a consolidated g?vernment. Councilman Rivenbark expressed concern for combining the two governments with the new government continuing to expand and stated under normal circumstances jobs are reduced when companies merge because of a duplication of services. He recommended preparing a list of projected positions as well as the number of employees needed for the consolidated government. o councilmember Laura Padgett explained that a list of activities for each department had been prepared and reported the Finance and Budget Committee was already in the process of determining any duplication of services. However, in her opinion, coordination will have to occur between the Administration and Personnel Committee and the Finan,"e' and Budget Committee when reviewing services and positions for the budget. Discussion was held on the projected tax rate of 85 cents. Councilman Rivenbark commented on the current tax rate for city residents at $1. 20 and noted the projected tax rate would be a considerable savings to persons living in the city. Councilmember Laura Padgett reported that no final decision had been made by the Budget and Finance Committee on a projected tax rate. commissioner sisson. reported, in his opinion, consolidation would not save money for the first five years; however, over the long term, a consolidated government would save a considerable sum of money and better serve the residents of the county. o REPORT FROM THE CHARTER COMMITTEE Commissioner Caster reported the Charter Committee- held discussion on the name of the Consolidated Government, number of Commissioners, and the form of government with general agreement on the following items: . Name of Government: wilmington/New Hanover Consolidated Government : ':-' !( '>MINUTES OF CONSOLIDATION STUDY'COMMISSION APRIL 10, 1995 PA:GE~6:i4 Size of the Governing Body: Seven members elected at-large for four-year terms including a Mayor elected at-large for a four-year term with the same voting rights as the other members of the Consolidated Government. The members are to be called "Commissioners." e Partisan vs. Nonpartisan: No decision was made. This item will be considered at a future meeting. Method of Eleotion: No decision was made. This item will be considered at a future meeting. Form of Government: Council/Manager form of government. ", Councilmember Laura Padgett reported she felt the' Charter Committee did not make a final decision on whether the members of the consolidated board would be elected at-large. Commissioner Barone reported there was disagreement about districts; however, a majority of the members were in favor of at- large representation. Chairman Greer responded that Staff was requested to review district lines and the impact to the community if districts lines were drawn. Councilman J. D. Causey commented on a seven-member board and expressed concern for having enough members to handle the workload of a consolidated government. He suggested checking with other cities and counties before deciding on the exact number of board members. e commissioner Barone recommended placing this Committee. concurred with item on the next ~e Councilman Causey and agenda for the Charter Councilman Rivenbark reported a lengthy discussion was held on partisan versus nonpartisan elections. He stated, in his opinion, a nonpartisan board would run more smoothly because some of the politics would be eliminated. He, also, reported that discussion was held on whether the new Commissioners should be considered full-time or part-time positions. Currently, a 36 to 40-hour work week is considered a full-time position. Both Councilmembers and Commissioners are already working over 40 hours per week and when the governments are consolidated, the hours will increase. He commented on the need to have citizen representatives on the consolidated board and expressed concern for these people not being able to take enough time away from their jobs to run for office to fulfill their civic duty. He reported if the positions become full-time, the new consolidated board will be comprised of rich, retired citizens or persons running for office because of their interest in obtaining a full-time job under an annual pay plan. Mayor nonpartisan elections. Pro-Tem Katherine Moore commented on partisan or elections and reported she would prefer nonpartisan e Mayor Betz commented on the many delicate issues that will have to be addressed by the Charter Committee and he encouraged open discussion of these issues. As to the number of members, the previous consolidation study recommended nine; however, he had no problem with seven members. As to partisan or nonpartisan elections, he would not be opposed to either method. In summary, it was concluded that the Charter Committee would continue to address districts, partisan or nonpartisan elections, and the number of members to serve on the consolidated board. MINUTES OF CONSOLIDATION STUDY COMMISSION APRIL 10, 1995 PAGE' 625. REPORT FROM THE FINANCE AND BUDGET COMMITTEE Councilmember Laura Padgett reported the Finance and Budget Committee had reviewed a list of expenses and revenues from both governments and found many areas without a duplication of expenses and some areas where expenses were duplicated. The Committee is still in the process of reviewing the list. Also, the Committee found differences in the various sources of revenues. For example, how the state perceives the new government, whether as a City or County government, will determine if certain revenues will be received by the new government, such as the Powell Bill monies appropriated to municipalities for roads. The Committee is still in the process of reviewing the sources of revenues. o commissioner sisson commented on the need to address funding for roads because of the inability of the County to become involved with road infrastructure, and he requested the Finance and Budget Committee to check into this matter. Mayor Betz commented on the fact that funds received from the Powell Bill did not cover the City's transportation needs and recommended identifying the revenue streams for both the city and County before discussing expenditures. He, also, reported the Budget and Finance Committee was in the process of reviewing how to address the $4 million of City and County sales tax money that is being utilized by utility budgets to see if these funds can be kept in the general fund without having an adverse impact on the budget. Chairman Greer reported there were possibilities of receiving revenue enhancements as a consolidated government. For example, the Deputy County Manager had just informed him that the consolidated government would be considered as a metropolitan entitlement area by HUD which would increase the City's 1995 allocation by $1.5 million along with retaining its eligibility for the housing program. o Councilman Rivenbark inquired as to whether the Finance and Budget Committee had contacted the federal and state agencies to see how the revenue streams would be impacted by a consolidated government. Chairman Greer responded that 1:itaff was in the process of reviewing this matter. .. Discussion was held on the issuance of bonds and the current City and county debt service. commissioner Barone commented on the County having a better bond rating than the city and stressed the importance of maintaining the rating under the new government in order to receive better interest rates on future bond issues. County Manager, Allen O'Neal, reported the consolidated government would be larger with more diversified revenues which should provide a good bond rating; however, the new government would not be rated until it was functional. Chairman Greer recommended contacting the N. C. Association of County Commissioners to see how the consolidated government will be perceived by these agencies in order to ascertain what revenue sources will be received by the new government. City Attorney Pollard reported negotiations will have to occur with the N. C. Department of Transportation as to how the Powell Bill monies will be appropriated because municipalities are recognized as the entities to receive these monies. o REPORT FROM THE PLANNING AND ZONING COMMITTEE Councilman Hamilton E. HickS, Jr. reported there was a unified Planning Board at one time; therefore, the combination of the two boards should not be a problem. Discussion was held on consolidating services that relate to planning in order to provide e e e ~ :: .;I'X~lj{l:""":"fl1~ ,Jj~~~hr 'rr .~({~:~ MINUTES OF CONSOLIDATION STUDY COMMISSION APRIL 10, 1995 PAGE 626 a one-stop permitting process. Councilman Hicks noted that if the consolidation effort should fail, he would strongly recommend that the city and County continue to pursue merging the two Planning Departments. commissioner sisson reported Staff was directed to prepare proposals for unifying the subdivision review process. Also, discussion was held on increasing the membership of the Planning Board to nine as well as combining City and County ordinances. After review, it appears that combining these units will be cost effective and that Staff levels will not have to be reduced. Councilman Rivenbark stressed the importance of defining the new Zoning Ordinance before asking the citizens to vote on a consolidated government. He reported many citizens are concerned about land uses and the restrictions that will be placed on these uses under one government. Councilman Youngblood commented on the importance of drainage and inquired as to whether this issue had been addressed by the Planning and Zoning Committee? commissioner sisson reported that New Hanover County had not addressed the drainage issue; however, the Consolidation Study Commission would have to decide whether this issue should be addressed by the Planning and Zoning Committee or the utilities Committee. REPORT FROM THE PUBLIC SAFETY COMMITTEE Mayor Pro-Tem Katherine Moore reported the Public Safety Committee divided its task into the following areas: Emergency Medical Services (EMS): The Committee recommends that EMS remain basically the same except for placement of these services under the Emergency Management Department for the purpose of consolidating emergency services under one department head. Law Enforcement: The Committee felt that Option 2 should be selected for merging the law enforcement agencies. The Wilmington Police Department would be merged with the Sheriff's Department under existing policies. As long as Joseph McQueen serves as Sheriff, he would assume the State constitutional duties as well as the duties of managing the merged law enforcement agency. If Sheriff McQueen ceases to be Sheriff for any reason, the law enforcement officer to head the merged agency would be designated by the Consolidated Board of Commissioners and the Manager. If the Sheriff was not appointed as the head of the department, the Sheriff would carry out the duties prescribed in the State Constitution. Fire Services: The Committee recommends an integrated fire service with retaining the Wilmington Fire Chief as the lead person for the consolidated Fire Department with a Volunteer Coordinator under the Fire Chief. There would be a combination of hired firefighters and volunteer firefighters at each fire station. Under a consolidated government, all fire stations would be manned by some paid staff. Commissioner Sisson reported areas that must be addressed by the Committee are the delivery of fire service, code enforcement and planning for future needs. The major issue that will have to be resolved is the many differences between the two fire services and how these two departments can be combined into a cost-effective delivery of quality fire service to all citizens living in the county. There are existing personality difficulties between the two fire services; however, the Public Safety Committee feels these differences can be resolved through compromise. The New Hanover County Fire Commission has formed a Consolidation Subcommittee comprised of the director of the County's Inspections Committee, who represents the Association of Volunteer Fire Chiefs; two MINUTES OF CONSOLIDATION STUDY COMMISSION APRIL 10, 1995 PAGE., 62,7,' persons who are non-firefighters, including the Chairman of the Fire Commission; and one member of the Fire Commission, who is a Volunteer Fire Chief. This group should be helpful in addressing rumor control and assuring that the public receives the correct information. Commissioner sisson stressed the importance of disbursing the correct information throughout the community. Councilman Youngblood reported another item being studied is the equipment debt at the volunteer fire departments which involves County funds and private funds of the various volunteer fire stations. Also, a major issue that must be considered is the cost involved with placing full-time firefighters at each volunteer fire station. commissioner sisson reported the Consolidation Subcommittee will be of assistance in providing the correct figures on the equipment and debt of each volunteer fire department. Mayor Betz recommended inviting the liaison person of the Fire Commission Subcommittee to the attend the Public Safety Committee meetings. He commented on the excellent fire rating of the Wilmington Fire Department and stressed the importance of maintaining this rating. He recommended requesting Staff to prepare a brief synopsis as to how the city maintains its fire rating and the effect of this rating on insurance rates. As to equipment, it would be helpful for Staff to prepare a full report on the equipment and debt as well as the number of people available to participate in the consolidated fire service. commissioner Sisson expressed concern for not having an adequate number of volunteer firemen and stated regardless of whether the city proceeds with annexation or a consolidated government is approved, the fire,service cannot be reduced because of growth. Councilman Youngblood reported the Committee is still in the process of identifying areas of potential savings. For example, some of the volunteer firefighters, who already have extensive fire training, may be interested in becoming full-time paid firefighters, which would greatly reduce the money expended for fire training.' Councilman Rivenbark inquired as to how the civil service issue was addressed? City Manager Mary Gornto responded under option 2, the wilmington Police Department would be merged with the Sheriff's Department under its existing policies; therefore, civil service would no longer be needed for law enforcement employees. commissioner Sisson noted that when civil service was first implemented, the city and County did not have the current personnel regulations to protect employees; therefore, the Committee did not feel civil service was needed. , Councilman Rivenbark inquired as to whether the Sheriff now has authority to remove law enforcement officers? commissioner Sisson responded theoretically, the Sheriff does have this authority; however, there are review procedures wit~in the Sheriff's pepartment. Cou~cilman Rivenbark objected to the Sheriff having "authority to remove law enforcement officers and stated he did not feel this was a healthy situation when merging the two law enforcement agencies. commissioner Caster agreed. Commissioner sisson reported a review process through the Personnel Department could be included in the personnel policy. , o o o .,\",""NW"';:~'>'" .t.~.. ,,~~:....."'''"'l;f-''' -"".".., "Ill 'J.(;,JI ,~ MINUTES OF CONSOLIDATION STUDY COMMISSION APRIL 10, 1995 PAGE 628 councilman Rivenbark objected to the Sheriff having authority to remove law enforcement officers and stated he did not feel this was' a healthy situation when merging the two law enforcement agencies. commissioner Caster agreed. commissioner Bisson reported a review process through the Personnel Department could be included in the personnel policy. e Councilman Youngblood recommended a personnel review process through the Manager's office which, in his opinion, would be more appropriate. commissioner Sisson recommended directing the Managers to discuss a personnel review process with the Chief of Police and Sheriff. He stressed the importance of not leading employees to believe they can exceed the authority of the department head because they have an alternative personnel review process through the Manager or Personnel Office. Councilman Rivenbark agreed and stated this is why an appointed administrator should be over law enforcement officers, not an elected official. commissioner Sisson responded whether the leader is an elected official or administrator, that person must have authority to efficiently manage the department. Under Option 2, Sheriff McQueen would administer the department until he retired or was no longer in office. At that time, the Consolidated Board of Commissioners would have the choice of appointing a Chief Administrator of Law Enforcement or the Sheriff as the head of law enforcement. e Councilman Rivenbark strongly he had not decided whether the Administrator of Law Enforcement. opposed this policy and stated Sheriff should be the Chief Mayor Pro-Tem Katherine Moore reported the need for civil service was addressed by the Committee with the feeling that law enforcement personnel should receive the same protection as provided to all other employees under the consolidated government. Councilman Youngblood recommended allowing the current law ~nforcement personnel to be grandfathered in under civil service when the merger occurs with new employees falling under personnel policies for the consolidated government. Mayor Pro-Tem Katherine Moore stated grandfathering in one group under civil service and another group under a different personnel policy would not be a consolidated law enforcement department. She stated the law enforcement personnel should be provided the same protection as provided to regular employees. Councilman Hicks recommended placing a time limit on Option 2. It was generally agreed that a time limit should be considered. e commissioner Caster commented on having a great deal of respect for Sheriff McQueen, but inquired as to why the temporary protection under option 2 was being provided to the Sheriff? He stressed the importance of establishing the correct policy for the consolidated law enforcement department which provides for a Chief Administrator of Law Enforcement with an elected Sheriff to ~arry out jail and court duties. He expressed concern for having Police Officers in blue uniforms and Deputies in brown uniforms, which are responsible for different duties, but are both under the authority of the Sheriff. Chairman Greer responded that option 2 would consolidate Law Enforcement with one color of uniforms. There would be patrol divisions, the jail, and court duties with the Sheriff having ~ ( ~+NUTES OF CONSOLIDATION STUDY COMM~SSION APRIL 10, 1995 PAGE. ~29 authority to administer law enforcement as well as carry out his constitutional duties. commissioner Caster commented on Sheriff McQueen's expertise and stated he could probably handle both law enforcement and court responsibilities. In summary, it was concluded the Public Safety Committee would address issues of concern with merging the Fire and Law Enforcement Departments. REPORT FROM THE UTILITIES COMMITTEE Mayor Betz reported the utilities Committee had been focusing on water and sewer issues as well as identifying other areas that shou'ld be addressed, such as stormwater drainage and solid waste disposal. The Committee has held only one meeting and will meet again tomorrow to review an organizational and financial structure for the merged Water & Sewer Department. It was the feeling of the Committee that the Water & Sewer transition period should occur as smoothly as possible to maintain the current expertise in the utilities sector, both in city and county staffs. Also, long-range issues such as groundwater and service water supply; the expansion areas; the request for services in the unincorporated area; and the proposed system expansion will have to be reviewed. In summary, Mayor Betz requested direction from the Consolidation Study Commission as to whether the Committee should be focusing on stormwater drainage and solid waste disposal as a utility for the consolidated government. Councilman Youngblood reported, in his opinion, the combination of water and sewer systems will be one of the most difficult areas to address. ( Commissioner Sisson reported that existing private systems would have to be unified in order to provide water and sewer services. As to groundwater, many citizens in the unincorporated area of the county have well~ and do not desire to connect to a water system. In his opinion, the first issue to address is the identification of all private systems to see if these systems can be consolidated. councilmember Padgett reported if funds are kept separately, this is one area where the level of service could be charged directly to persons receiving the services. Mayor Pro-Tem Katherine Moore reported she felt the funds should be kept separately. commissioner Sisson expressed concern for stormwater drainage and recommended placing this item under the utilities Committee. Vice-Chairman Mathews reported after a review of the city and county field personnel, the Committee felt no positions would be eliminated; however, some upper management level positions may be cut. He reported no definite decisions have been made as to personnel or the areas that will be reviewed by the utilities Committee.. Councilman Hicks stressed the fact that the city's water and sewer a portion of the County's system is recommended that this item be Commission. importance of recognizing the system is rate supported while supported by tax dollars. He addressed by the utilities Chairman Greer reported it was his understanding that the entire Water & Sewer Department would be self-supporting. o o o e e e 1-"~~'."i' """"11IIII ""~~l'll~ .-~ ;':' MINUTES OF CONSOLIDATION STUDY COMMISSION APRIL 10, 1995 PAGE 630 Mayor Betz reported the items of concern would be discussed at the next meeting of the utilities Committee. ADJOURNMENT Chairman Greer inquired as to whether anyone would like to present additional comments. Mayor Pro-Tern Katherine Moore recommended establishing a time table for receiving reports and recommendations from the various subcommittees. She suggested beginning with the Charter Committee and deciding on the name of the government, the number of members on the consolidated board, at-large or district elections, partisan or nonpartisan elections, etc. in order for the Consolidation Study Commission to move forward with the plan to be presented to the voters in October. Councilman Youngblood agreed and pointed out that both governments are having difficulty in filling vacant positions as well as facing the possibility of losing good employees because of uncertainties; therefore, he would recommend addressing these issues as soon as possible. Chairman Greer reported, for clarification, the Mayor Pro-Tern has recommended making a final decision on each Committee recommendation one at a time in lieu of voting on a complete package. After discussion, it was decided that the Charter Committee should present a report at the May 1, 1995, meeting. Chairman Greer adjourned the meeting at 9:50 A.M. Respectfully submitted, ~~~ Clerk to the Board ( , ~