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HomeMy WebLinkAbout1987-04-29 Special Meeting '- --~ 88 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. '1 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. LJ 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. r- L-- 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: r- L-- 4 MINUTES OF SPECIAL MEETING, APRIL 29, 1987 (CONTINUED) r , u 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 30. I' ! i LJ 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. I' , I U 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." ~ --' 90 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. r-, u 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 L 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 ,- 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. '-- L _ 4~ 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: L.J 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: I' Section 8-14 to read as follows: L.J 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: '" I 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. L...J 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. ----, 92 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: r- 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: Section 8-14 to read as follows: ,.--- 1. The three (3) At-Large Commissioners, with the highest votes, shall serve a term ending the first Monday in December 1992. L- 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. ,.--- 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. L- L_ ----- -~--~-~ 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. 4 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. " ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner Corbett to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. L.J Chairman O'Neal adjourned the meeting at 10:00 o'clock P.M. Respectfully submitted, cf:~~ Clerk " L.J ,--, L...J