1987-04-29 Special Meeting
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MINUTES OF SPECIAL MEETING TO REVIEW PROPOSED CONSOLIDATION
CHARTER, APRIL 29, 1987
ASSEMBLY
The New Hanover County Board of Commissioners met in
Special Session on Wednesday, April 29, 1987, at 7:00
o'clock P.M. in the Assembly Room of the New Hanover County
Administration Building, 320 Chestnut Street, Wilmington,
North Carolina, to discuss the proposed consolidation
charter.
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Members present were: Commissioners Jonathan Barfield,
Sr.; W. Albert Corbett, Jr.; Fred Retchin; Vice-Chairman,
John Dolan; Chairman, Nolan O'Neal; County Manager, G. Felix
Cooper; County Attorney, Robert W. Pope; and Clerk to the
Board, Lucie F. Harrell.
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Chairman O'Neal called the meeting to order.
DISCUSSION AND REVISIONS TO PROPOSED CHARTER
Commissioner Retchin stated the joint City/County
Consolidation Study Committee held seven meetings for
development and preparation of a charter to effectively and
efficiently run a consolidated government. He stressed the
importance of presenting to the voters a charter that will
have flexibility and address all necessary issues.
Revision to Section 1-11, Paragraph (c.) - Page 5 of Revised
Charter
After discussion, it was the consensus of the
Commissioners to correct a date on Page 5, Paragraph c. to
read as follows:
The effective date of consolidation shall be the first
Monday in June following the election of the governing
body.
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Discussion of At-Large Elections and Number of Elected
Officials to Serve on Board of Consolidated Government
Discussion was held on districts and the number of
members elected to the Board of commissioners.
Board
mayor.
At-large
County.
Commissioner Corbett recommended a seven (7) member
of Commissioners elected At-large, inCluding the
He expressed concern for districting stating
representation has worked well in New Hanover
commissioner Retchin stated he agreed with a smaller
Board of Commissioners. He commented on persons living in
the City, the Urban Services District, stating they will be
paying for and receiving more services aSking if these
people should have more of a guarantee for specific
representation. He recommended the possibility of the Urban
Services District being a voting district with two members
of the governing body being elected from this district.
After further discussion, it was the consensus of the
Board to revise the charter to reflect six (6) Commissioners
and a Mayor elected At-large.
Revision to Section 2-4, Paragraph (b.) Board of
Commissioners - Powers and Duties, Pages 7 and 8 of Revised
Charter
After discussion, it was the consensus of the Board to
revise Paragraph b. deleting (c.), (d.), and (e.) to read as
follows since the number of Board Members has been amended:
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MINUTES OF SPECIAL MEETING, APRIL 29, 1987 (CONTINUED)
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Deletion
Removal,
The
to elect
b. Appointing, removing or suspending from office the
Manager, Attorney, Police chief, Fire Chief, and
Clerk, by a majority vote of the Board including
the Mayor.
of Paragrpah ( 2) of Section 2-17, Vacancy or
Page 9 of Revised Charter
following section was deleted due to the decision
members of the governing body At-large:
2.
A District-Commissioner ceases to reside in the
boundaries of the represented district, except in
the event redistricting occurs during the
commissioner's term of office.
Deletion of Article 4, Section 2-21, Electoral Districts,
Establislunent, Pages 10 and 11 of Revised Charter
The following article was deleted on Pages 10 and 11
due to the decision to elect members of the governing body
At-large.
Article 4, Electoral Districts
Section 2-21, Establislunent
section 2-22, Redistricting (a.), (b.), and (c.)
Revision to Section 3-2, Meetings, Page 12
Charter
After discussion, the Commissioners
rewording the first sentence in Section (a.)
follows in order to comply with the date of
formation of the consolidated government which
first Monday in June 1989 as referenced on Page
of Revised
recommended
to read as
the initial
will be the
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a. The Board of commissioners shall hold an
organizational meeting on the first Monday in
December following a general election in which
GOVERNMENT representatives are elected except for
the initial formation of the Consolidated
Government.
Revision to Section 3-8, Ordinance Procedures, Paragraph
(c. ), Page 14 of Revised Charter
Discussion was held on an affirmative vote of three
fourths (3/4) of the membership for approval of ordinances.
It was the consensus of the Commissioners to revise the last
sentence to read as follows:
This requirement for a second reading may be dispensed
with when the Board of Commissioners determines that an
emergency exists or the Board of Commissioner approves
the ordinance on the first reading, by a unanimous vote
including the Mayor.
Revision to Section 4-14, Police Chief, Page 16 of Revised
Charter
A lengthy discussion was held on the position of Police
Chief.
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vice-Chairman Dolan expressed concern for the Police
Chief having to report to the Manager for budget and to the
Sheriff for daily operations of Law Enforcement.
County Manager cooper recommended deleting Paragraph b.
or revising the statement to read, "The Police Chief shall
submit his budget directly to the County Manager."
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MINUTES OF SPECIAL MEETING, APRIL 29, 1987 (CONTINUED)
Commissioner Barfield stated the Police Chief should
review his budget with the Sheriff before submitting it to
the Manager.
commissioner Retchin questioned why this position
should be different from the other appointed positions
stating the budget was not referenced in these sections.
County Manager Cooper stated the Police Chief's
position was different from the other appointed positions in
that the other appointed positions report directly to an
individual not through an individual.
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Vice-Chairman Dolan commented on fully defining the
responsibilities of the Sheriff which would alleviate the
need for this section.
Discussion was held on input from all persons involved
when interviewing and hiring a Police Chief. County Manager
Cooper recommended the Sheriff having capability to appoint
the Police Chief with designated qualifications set by the
Board of Commissioners with final approval or ratification
by the Board of Commissioners. He stated this procedure
would provide input for all parties involved.
Vice-Chairman Dolan stated the Sheriff should be part
of the hiring process for the Chief of Police.
After further discussion, it was
Commissioners to delete Paragraph b.
follows:
the consensus of the
of Section 4-14 as
Delete:
,
b.
Report to the Manager relating to the
report to the Sheriff concerning
operations of law enforcement.
budget and
the daily
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Revision to Section 4-17 Sheriff, Page 18 of Revised Charter
Vice-Chairman Dolan expressed concern for wording of
the first paragraph, particularly the phrase, "and through
the Chief of Police." He recommended using the word,
"coordinate."
A lengthy discussion was held on
of the Police Chief and Sheriff.
recommended the following wording:
the responsibilities
Commissioner Corbett
The Sheriff of New Hanover County and office upon the
effective date of this charter and his successors in
office shall be Sheriff of the Consolidated Government.
The Sheriff shall perform the same duties and exercise
the same powers as are now conferred upon the Sheriff
generally by the constitution and laws of North
Carolina.
After further discussion, Vice-Chairman
recommended rewording Section 4-17 on Page 18 to
follows which was approved by the Commissioners:
Dolan
read as
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The Sheriff shall be responsible for the performance of
duties imposed upon the Sheriff of New Hanover County
by the Constitution or by the general or special laws
of North Carolina, and shall coordinate the
administration of law enforcement in the consolidated
GOVERNMENT, subject to the general direction and
control of the Board of Commissioners.
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MINUTES OF SPECIAL MEETING, APRIL 29, 1987 (CONTINUED)
idea of the economics involved, and recommended hiring a
consultant to study the tax issue and other cost factors.
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commissioner Retchin stated when the City and county
schedule a joint meeting for finalization of the charter, a
public hearing could be scheduled at that time.
After further discussion, it was the consensus of the
Commissioners to reword the first sentence of Section 8-12,
Paragraph 1 to read as follows:
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The Wilmington/New Hanover County Consolidated
GOVERNMENT shall become effective on the first Monday
in June 1989 after acceptance by the voters of the
City of Wilmington and New Hanover county as certified
by the Board of Elections and after election of the
initial Board of Commissioners.
Revision to Section 8-14, paragraphs (1.), (2.), (3.), and
(4.), and section 8-15, Paragraph (c.), Page 30 of Revised
Charter
Mr. Lisbon Berry requested reconsideration of the
Commissioners for district elections. He emphasized the
importance of district representation stating the survey
performed by the Consolidation Study Commission
overwhelmingly favored district elections.
A lengthy discussion was held on district elections and
elections At-large. It was the consensus of the Board to
elect all members of the new government At-large.
The following paragraphs were amended:
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Section 8-14 to read as follows:
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1. The three (3) At-Large commissioners, with the
highest votes, shall serve a term ending the first Monday in
December 1992.
2. The three (3) remaining At-Large commissioners
shall serve a term ending the first Monday in December 1990.
Delete: Paragraphs 3 and 4.
Discussion was held on the Transition Committee being
composed of newly elected officials who will have six months
to prepare the budget and address other needs in
establishing the new government.
county Manager Cooper commented on provisions being
placed in the charter to provide funding by the City and
County for the Transition Committee to hire staff and
provide office space. He recommended the following
statement be added to paragraph c. which was approved by the
Commissioners:
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The Transition committee shall elect other necessary
officers and adopt its rules and procedures, and shall
be provided a budqet to pay for eXPenses incurred in
planning for the new qovernmental structure.
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DISCUSSION OF JOB SECURITY FOR PRESENT EMPLOYEES
County Manager Cooper expressed concern for no
protection provided in the Charter for job security of
present employees, questioning Section 8-4, Page 27 of the
Revised Charter. He commented on the transition period and
the need for employees to have some form of security during
this period in order to avoid the loss of key personnel in
both governments.
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MINUTES OF SPECIAL MEETING, APRIL 29, 1987 (CONTINUED)
idea of the economics involved, and recommended hiring a
consultant to study the tax issue and other cost factors.
commissioner Retchin stated when the City and County
schedule a joint meeting for finalization of the charter, a
public hearing could be scheduled at that time.
After further discussion, it was the consensus of the
Commissioners to reword the first sentence of Section 8-12,
Paragraph 1 to read as follows:
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The Wilmington/New Hanover County Consolidated
GOVERNMENT shall become effective on the first Monday
in June 1989 after acceptance by the voters of the
City of Wilmington and New Hanover County as certified
by the Board of Elections and after election of the
initial Board of Commissioners.
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Revision to Section 8-14, Paragraphs (1.), (2.), (3.), and
(4.), and Section 8-15, Paragraph (c.), Page 30 of Revised
Charter
Mr. Lisbon Berry requested reconsideration of the
Commissioners for district elections. He emphasized the
importance of district representation stating the survey
performed by the Consolidation Study Commission
overwhelmingly favored district elections.
A lengthy discussion was held on district elections and
elections At-large. It was the consensus of the Board to
elect all members of the new government At-large.
The following paragraphs were amended:
Section 8-14 to read as follows:
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1. The three (3) At-Large Commissioners, with the
highest votes, shall serve a term ending the first Monday in
December 1992.
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2. The three (3) remaining At-Large Commissioners
shall serve a term ending the first Monday in December 1990.
Delete: Paragraphs 3 and 4.
Discussion was held on the Transition Committee being
composed of newly elected officials who will have six months
to prepare the budget and address other needs in
establishing the new government.
County Manager Cooper commented on provJ.sJ.ons being
placed in the charter to provide funding by the City and
County for the Transition Committee to hire staff and
provide office space. He recommended the following
statement be added to Paragraph c. which was approved by the
Commissioners:
The Transition Committee shall elect other necessary
officers and adopt its rules and procedures, and shall
be provided a budget to pay for eXPenses incurred in
planninq for the new qovernmental structure.
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DISCUSSION OF JOB SECURITY FOR PRESENT EMPLOYEES
County Manager Cooper expressed concern for no
protection provided in the Charter for job security of
present employees, questioning Section 8-4, Page 27 of the
Revised Charter. He commented on the transition period and
the need for employees to have some form of security during
this period in order to avoid the loss of key personnel in
both governments.
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MINUTES OF SPECIAL MEETING, APRIL 29, 1987 (CONTINUED)
After discussion, it was the consensus of the
Commissioners to request the County Manager to write
recommendations to be presented at a later date.
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SCHEDULING OF BUDGET WORKSHOP
County Manager Cooper asked if the Commissioners would
like to schedule a Budget Workshop for discussion of the
proposed 1987-88 Budget.
After discussion, it was the consensus of the Board to
schedule a Budget Workshop on Friday, May 8, 1987, at 8:00
o'clock A.M.
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ADJOURNMENT
Commissioner Barfield MOVED, SECONDED by Commissioner
Corbett to adjourn. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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Chairman O'Neal adjourned the meeting at 10:00 o'clock
P.M.
Respectfully submitted,
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Clerk
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