HomeMy WebLinkAboutCouncil Actions 12-18-95 SpMtg SPECIAL MEETING
ROANOKE CITY COUNCIL
ROANOKE CITY SCHOOL BOARD
ROANOKE CITY LEGISLATORS
10.
Roanoke Valley Graduate Center
December 18, 1995
12:30 p.m.
Agenda
Call to Order.
Roll Call.
Invocation.
**Lunch**
Opening remarks by the Mayor.
Opening remarks by the Roanoke City School Board Chairperson,
Presentation of highlights of the City's 1996 Legislative Program by the
City Attorney,
Presentation of highlights of the School Board's 1996 Legislative
Program by the School Superintendent.
Remarks by legislators.
Remarks by City Council Members, School Board Members and the City
Manager.
Adjournment.
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011 - 1594
Telephone: (703) 981-2444
December 14, 1995
The Honorable Vice-Mayor and
Members of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, I am calling a
special meeting of the Roanoke City Council for Monday, December 18, 1995, at
12:30 p.m., at the Roanoke Valley Graduate Center, Room 120, 117 W. Church Avenue.
The purpose of the meeting will be to discuss the City's proposed 1996 Legislative
Program. Also in attendance will be the City's representatives to the 1996 General
Assembly, or their representative, and members of the Roanoke City School Board. Lunch
will be served at 12:30 p.m., and the meeting will convene immediately thereafter.
Best personal regards.
Sincerely,
David A. Bowers
Mayor
DAB:sm
pc;
W. Robert Herbert, City Manager
James D. Ritchie, Assistant City Manager
Wilburn C. Dibling, Jr., City Attorney
mliam X Parsons, Assistant City Attorney
es D. Grisso, Director of Finance
ry F. Parker, City Clerk
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
November 28, 1995
The Reverend C. Nelson Harris
Chairperson
Roanoke City School Board
2813 Edgewood Street, S. W.
Roanoke, Virginia 24015
Marilyn L. Curtis
Member
Roanoke City School Board
1718 Jersey Avenue, N. W.
Roanoke, Virginia 24017
Charles W. Day
Member
Roanoke City School Board
1830 Grayson Avenue, N. W.
Roanoke, Virginia 24017
Marsha W. Ellison
Member
Roanoke City School Board
2030 Knollwood Road, S. W.
Roanoke, Virginia 24018
Finn D. Pincus
Member
Roanoke City School Board
1116 Winchester Avenue, S. W.
Roanoke, Virginia 24015
Melinda J. Payne
Member
Roanoke City School Board
301 Rutherford Avenue, N. W.
Roanoke, Virginia 24016
John H. Saunders
Member
Roanoke City School Board
3250 Allendale Street, S. W.
Roanoke, Virginia 24014
Ladies and Gentlemen:
The Members of the Roanoke City Council look forward to meeting with the Members of
the Roanoke City School Board on Monday, December 18, 1995, at 12:30 p.m., at the
Roanoke Valley Graduate Center, Room 120, 117 W. Church Avenue, to discuss the City's
proposed 1996 Legislative Program. Lunch will be served at 12:30 p.m., and the meeting
will convene immediately thereafter.
The Reverend C. Nelson Harris, Chairperson
and Members of the Roanoke City School Board
November 28, 1995
Page 2
With warmest regards, I am
MFP:sm
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
pc:
Dr. E. Wayne Harris, Superintendent of Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City
Public Schools
June S. Nolley, Clerk of the Roanoke City School Board
MARY E PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 981-2541
Fax: (540) 224-3145
SANDRA H. EAKIN
Deputy City Clerk
November 28, 1995
The Honorable A. Victor Thomas
Member, House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24012
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
P. O. Box 1371
Roanoke, Virginia 24007
Gentlemen:
The Members of the Roanoke City Council and the Roanoke City School Board look
forward to meeting with you on Monday, December 18, 1995, at 12:30 p.m., at the
Roanoke Valley Graduate Center, Room 120, 117 W. Church Avenue, to discuss the City's
proposed 1996 Legislative Program. Lunch will be served at 12:30 p.m., and the meeting
will convene immediately thereafter.
With kindest regards, I am
Sincerely yours,
Mary F. Parker, CMC/AAE
City Clerk
MFP:sm
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue. S.W., Room 452
Roanoke, Virginia 24011 - 1594
Telephone: (703) 981-244~
November 28, 1995
The Honorable A. Victor Thomas
House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24012
The Honorable Clifton A.
Woodrum, III
House of Delegates
Post Office Box 1371
Roanoke, Virginia 24007
The Honorable John S. Edwards
Senator-Elect
Post Office Box 1179
Roanoke, Virginia 24006-1179
Dear Vic, Chip and John:
On behalf of the Members of Roanoke City Council and our
administrators, we want to congratulate each of you on your recent
successful campaign.
Our Council and the City have worked well with Vic and Chip for
many years, and, of course, we are very proud to have our Vice
Mayor, John Edwards, going to Richmond to represent Roanoke Valley
in the Senate of Virginia.
We look forward to getting together with each of you at the City
Council legislative meeting, along with our Roanoke School Board,
on Monday, December 18, 1995, at 12:15 p.m., at City Hall.
At any time that our City staff might be of assistance to you,
please do not ever hesitate to contact Mr. Herbert, Mr. Dibling,
our other key administrators, or Members of Roanoke City Council.
Again, congratulations and best wishes for the holiday season and
the New Year.
Sincerely,
David A. Bowers
Mayor
DAB:jas:Js
pc:
Members, Roanoke City Council
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Mary F. Parker, City Clerk
WILBURN C. DIBLING, JR.
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 2401:1~'~595
TELEPHONE: 540-981-2431
TELECOPIER: 540.224.3071
December 14, 1995
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT CITY ATTORNEYS
The Honorable Chairman and Members
Roanoke City School Board
Roanoke, Virginia
Re: 1996 Legislative Program
Dear Chairman Harris and School Board Members:
I am pleased to enclose a copy of the joint Legislative
Program for the City Council and School Board for the 1996 Session
of the General Assembly. The Legislative Program was adopted by
City Council on December 11, 1995, upon the recommendation of the
Legislative Committee, consisting of Co-Chairman John Edwards and
Co-Chairman William White and members Delvis O. "Mac" McCadden, The
Reverend C. Nelson Harris, and Dr. Finn D. Pincus. You will find
the School Board's legislative items set out on pages 8-14 of this
document.
As you know,~ City Council and the School Board will be meeting
with the City delegation at 12:30 p.m. on December 18, 1995. This
session will be held at the Graduate Center which is adjacent to
the CITY School on Church Avenue. I shall look forward to seeing
each of you at this time.
With kindest personal regards, I am
WCD:f
Attachment
cc:
Sincerely yours,
Wllburn C. Dlbling, Jr.
City Attorney
~/ E. Wayne Harris, Superintendent
.~chard L. Kelley, Executive for Business Affairs
v~ary F. Parker, City Clerk
William X Parsons, Assistant City Attorney
WILBURN C. DIBLING. JR.
CITY OF ROANOKE
OFFICE OF CITY ATTORNEy
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
TELEPHONE! §40-g81-2431
TELECOPIER: 540-224-3071
November 30, 1995
WILLIAM X PARSONS
STEVEN J. TALEVI
GLADYS L. YATES
GARY E. TEGENKAMP
ASSISTANT C~TY ATTORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: 1996 Legislative Program
Dear Mayor Bowers and Council Members:
On November 22, 1995, City Council's Legislative Committee,
Co-Chaired by Vice-Mayor Edwards and Council Member White, met and
approved the City's Legislative Program for t~e 1996 Session of the
General Assembly. This Program will be formally transmitted to
City Council by a Committee report from the Co-Chair of the
Legislative Committee and will be before City Council for
consideration on December 11, 1995. Because of a tight time
schedule, I wanted City Council to have a copy of the Legislative
Program as soon possible, and I am enclosing a copy of the Program
as recommended by the Legislative Committee.
The Legislative Meeting with the City's delegation has been
scheduled by Mrs. Parker for 12:30 p.m. on December 18, 1995.
Therefore, I am extremely hopeful that City Council will adopt a
resolution approving the Legislative Program at its meeting of
December 11, 1995. On the same date, City Council will need to
consider a resolution requesting a proposed Charter amendment
relating to the prohibition of handguns in City parks. I have, on
behalf of COuncil, caused a public notice of such public hearing to
be publtshe~ in The Roanoke Times in accordance with provisions of
State Code. Although this Charter amendment has been recommended
by the Legislative Committee, I do want City Council to know that
the publication of the notice does not commit Council to any
particular action with respect to this proposal.
For the convenience of City Council members, I am also
enclosing a calendar of events with respect to City Council's
Legislative Program.
The Honorable Mayor and Members
of City Council
November 30, 1995
Page 2
Please contact me if you have any questions about the
Legislative Program or the required procedures for its adoption.
I look forward to working with City Council in advancing the
legislative interests of the City and its people at the 1996
Session of the General Assembly.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
WCD:f
Attachments
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
1996
LEGISLATIVE PROGRAM
CITY OF ROANOKE
CITY COUNCIL
David A. Bowers, Mayor
John S. Edwards, Vice-Mayor
Elizabeth T. Bowles
Delvis O. "Mac" McCadden
John H. Parrott
William White, Sr.
Linda F. Wyatt
SCHOOL BOARD
C. Nelson Harris, Chairman
Marilyn L. Curtis, Vice-Chairmm~
Charles W. Day
Marsha W. Ellison
Finn D. Pincus
John H. Satmders
Melinda J. Payne
CITY MANAGER
W. Robert Herbert
SUPERINTENDENT
E. Wayne Harris
Wilbum C. Dibling, Jr.
City Attorney
464 Municipal Building
Roanoke, VA 2401 i
540-981-2431
POLICY STATEMENTS
EFFECTIVE GOVERNMENT
Local governments were originally organized to provide
essential services and protection that citizens could not or would
not provide for themselves. Examples of such essential local
services are education, provision for health and welfare, police
and fire protection, delivery of safe water and sewage treatment.
Local[ governments and their officials are continually striving for
economy, effectiveness, responsiveness, efficiency and productivity
in delivery of such services. Unfortunately, the essential
services for which local governments were originally created have
been overshadowed by numerous less critical programs mandated by
the federal and State governments.
The federal and State governments should recognize that local
gove~rnments are the best vehicle for the delivery of basic public
services because local governments ar~ closest to the people and
most responsive to their needs. Furthermore, basic public services
cannot be provided in the most effective way if the State attempts
to d~[ctate in minute detail the structure of all local government,
the administrative and legislative procedures to be followed
uniformly by all local governments and the details of all programs
administered at the local level. The City opposes State intrusions
in the way local governments conduct their business, including the
way council meetings are conducted, procedures for adopting
ordinances, what can be addressed by ordinance and what by
resolution, purchasing procedures and establishment of hours of
work., salaries and working conditions for employees.
MANDATES
According to the Joint Legislative Audit and Review
Commission, Virginia's local governments are subject to 391 Federal
and State mandates. These mandates require localities to perform
duties without consideration of local circumstances, costs or
capacity and require localities to redirect their priorities to
meet Federal and State objectives regardless of other pressing
local needs and priorities affecting the health, safety and welfare
of citizens. The cumulative effect of Federal and State
legi:~lative and regulatory mandates has exacerbated the already
serious financial problems of local governments.
The Governor and General Assembly should be commended for
recently showing increased sensitivity to the mandate issue.
Several years ago, the General Assembly began the fiscal note
process by which cost estimates for proposed legislation are
completed prior to final review of the legislation by a committee.
Additionally, the 1993 Session amended the State Code to require
(1) that all State agencies review all mandates imposed on local
governments with the objective of determining which mandates may be
altered or eliminated and (2) that the Commission on Local
Government prepare and annually update a catalog of Federal and
State mandates.
The Governor and General Assembly are urged to promote State
and local partnerships in the area of mandates by requiring:
A review of current mandates in specific areas (a)
to establish the full costs to local governments of
implementing mandates and (b) to develop an
appropriate basis for determining State and local
funding responsibilities.
Completion of cost estimates for proposed
legislation prior to its first full review by a
legislative committee.
Submittal of legislation negatively affecting local
governments' revenue raising ability to the
Commission on Local Government for a fiscal impact
analysis.
More local government involvement in implementation
decisions, including funding arrangements,
deadlines and prescribed methods of meeting
mandates, so that impacts at the 'local level are
identified before implementation.
A performance based approach to mandates that (a)
focuses on outcomes, (b) offers incentives for
achieving' State objectives and (c) gives local
governments autonomy to determine the best way to
achieve the desired result.
CLARIFICATION OF STATE AND LOCAL RESPONSIBILITIES
The 1991 Session of the General Assembly is commended for
requesting that the Joint Legislative Audit and Review Commission
(JLARC) undertake a comprehensive review of State and local service
delivery responsibilities and the funding mechanisms that support
them.. The sorting out process of determining which services should
be performed by the State and which by its local governments is
vitally important, and more rational assignment of service delivery
responsibility will advance the interests of the State and local
gove~nments. The General Assembly is urged to carefully consider
JLA~]'s 1993 recommendations, particularly those relating to State
assumption of service delivery responsibility where service or
performance standards are defined by federal or State law and/or
regulations.
2
GOVERNOR'S ADVISORY COMMISSION ON THE DIT.LON RULE AND LOCAL
GOVERNMENT
By Executive Order No. 42, promulgated October 28, 1991,
Gow)rnor Wilder created the Governor's Advisory Commission on the
Dillon Rule and Local Government and charged the Commission with
the responsibility of considering current ~ocal government powers
in the Commonwealth; assessing the ability of local governments to
deal with local and regional issues within the framework of
existing law; and evaluating the need for changes to the Code of
Virginia deemed necessary to provide local governments with
improved ability to address local and regional issues. Former
Senator J. Granger Macfarlane was appointed to chair the Commission
which rendered its report to the Governor in November, 1992.
The Commission has performed an important service to the
Com~onwealth, and its recommendations are commended to the General
Assembly. These recommendations include the following:
Title 15.1, Countles~ Cities and Towns, of the
Code of Virginia should be recodified. Title
15.1 has not been revised since 1962, and
persons testifying before the Commission
uniformly criticized it as disorganized,
inconsistent and confusing. Recodification of
Title 15.1 is currently being carried out by
the Code Commission with the assistance of a
Committee including the Roanoke City Attorney
and other local government representatives.
The General Assembly should carefully consider
JLARC's recommendations as to the assignment
of service delivery responsibilities between
State and local governments. The State should
consider assuming responsibility for services
when service and performance standards are
dictated by State law and/or regulation.
Also, the ability to raise revenue should more
closely correspond to the requirement to
provide services.
The General Assembly should establish a
legislative commission composed of State
legislators and local government officials to
study and make reco~endatlons relating to the
unique problems of central cities in the
Commonwealth. While the central cities of the
Commonwealth are making a vigorous effort to
raise revenues, data provided by the
Commission on Local Government demonstrates
that they are still suffering from extreme
fiscal stress. A thorough study and
development of an action plan to address the
special problems of central cities is needed.
3
This effort should include an assessment of
the impact of the "magnet effect", municipal
Overburden and related social ills that are
unique to urban centers.
Amend S15.1-510, Powers of counties, and
S15.1-839, General grant of powers t,,
munich, to provide that the authority
delegated to local governments by the General
Assembly shall be broadly construed to effect
the purpose of the delegation. Such proposal
represents a modest and reasonable relaxation
of current restrictions which does not do
violence to the principle that local
governments can exercise only those powers
specifically delegated to them by the
Commonwealth.
REVENUE AND FINANCR
The City is vitally concerned over the continued erosion of
local revenue sources. The General Assembly is urged not to cap,
remove or further restrict any revenue sources that are currently
available to localities, including taxing authority and user fees.
Historically, real and personal property taxes have been the
foundation of local tax revenues. The State's restriction and
erosion of other local sources, however, has resulted in over
reliance on property taxes, placing local governments in financial
jeopardy. The Joint Legislative Audit and Review Commission,s
(JLARC's) own study shows that the real property tax rate in
Virginia is the second hlghest among fifteen Southern states and
fifty percent higher than nine Southern States. The City supports
additional and more equitable sources of revenue, but the decision
on wi~lch, if any, local revenue sources should be reduced or
eliminated should be strictly a local decision.
SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWE~
The larger, more urbanized, central cities of the Com-
monwealth, such as thls Clty, provide a full range of public
housing, health, mental health, transportation s
humanitarian services. ~_~__. .... , ocial and
~u.uua sys=ems in t~ese cities provide
excellent special education programs, and private charities located
in central cities provide a broad r~nge of charitable assistance.
~ese {actors make the Commonwealth s central cities a magnet for
=nose in need of services.
Consider these facts:
4
That the City has over 4110 subsidized housing units
while Roanoke County and Salem have only 198 and 216,
respectively;
· That the City's elderly population is at 22% and
increasing;
That 23% of the City's population is below the age of 19
meaning that nearly 45% of the City's population are
consumers of governmental services with little ability to
pay for these services; and
That, by 1991, 52% of children in the City Public School
System came from economically deprived homes (up from
15.8% in 1980).
In spite of these demographic negatives, the City has made
tremendous strides in economic development. Downtown has been
revitalized; industrial parks have been established; and new
businesses and industries have been attracted. It is unlikely,
however, that these recent successes can be sustained over the long
term. In this regard, the major problem facing the City is an
inadequate inventory of developable land. Much of our mountainous
terrain is either undevelopable or developable only at tremendous
costs. Other land in the heart of the Roanoke Valley is subject to
flooding and undevelopable.
Roanoke's peculiar problems are compounded by the need of
central cities to provide welfare, public safety, transportation,
and water and sewer services at a level not required in adjoining
suburban or rural localities. These services benefit the entire
region, but are paid for primarily by City taxpayers.
Historically, the fiscal stress of central cities has been
relieved by annexation. Recently, however, the power of annexation
has, without logic, been denied to the central cities which need it
most. If the central cities of the Commonwealth are to remain
strong, viable units of government, which is in the best interest
of the Commonwealth, decisive action needs to be taken. Among
those actions which should be considered are:
1. Reevaluation of Virginia's unique system of
independent cites which imposes upon cities the
unfair responsibility of providing regional
services without reimbursement from adjoining
beneficiary localities;
Special funding by the Commonwealth of those
services provided by central cities which benefit
the entire region;
As recommended by the Grayson Commission (House
Bill 550 introduced at the 1990 Session), creation
of financial incentives to encourage governmental
5
integration of independent cities with adjoining
counties; and
Also as recommended by the Grayson Commission,
authority for cities with populations of less than
125,000 to make the transition to town status.
ECONOMIC DEVELOPMENT
City Council calls upon the Governor and the General Assembly
to develop an economic development strategy for the Commonwealth
and its local governments. The Commonwealth is implored to form a
partnership with local governments, the business community and
economic development experts to develop the strategy. The strategy
should recognize the international economy in which Virginia local
governments are competing and include special funding for
international trade missions. The strategy should also recognize
small business incubators as a vital element and provide funding,
perhaps on a State matching basis, to local governments that
undertake to develop and operate incubators. The strategy should
include special programs for those areas west of the Blue Ridge
mountains and central cities across the Commonwealth. Each of
these areas will need special financial assistance from the State
if we are to have balanced growth across the Commonwealth.
Finally, the strategy should include additional educational funding
for central cities. With shrinking labor pools in central cities
across the State, new and existing businesses cannot afford to have
young adults in these cities become unemployable. Special efforts
must be made now through additional educational funding to save
these at risk children.
Tourism and convention activities that enhance the economic
well being of the Commonwealth and its political subdivisions
should be recognized as legitimate components of economic
development. We urge the General Assembly to look closely at the
way State tourism dollars are spent and to insure their fair
distribution. Western Virginia has, in the past, not received a
proportionate share of the dollars spent by the State tourism
office, and there has been little emphasis on promoting the
Virginia mountains.
GOVERNMENTAL IMMUNITY
Every session of the General Assembly brings new assaults on
the doctrines of governmental immunity for political subdivisions
and official immunity for local government employees. These
doctrines should be retained, and in fact strengthened, for, among
others, the following reasons:
Local governments would be forced by loss of immunity to
eliminate or cut back high risk functions or services,
such as operation of nursing homes, parks and playgrounds
and athletic programs, and such action is not in the
public interest.
o
Frivolous suits would be encouraged. Local governments
would be viewed as a "deep pocket" making them an easy
target for plaintiffs who could bring suit without even
attempting to identify the employee allegedly at fault.
Cost of local government would increase rapidly at a time
when localities can ill afford a new major drain on
financial resources. Cost of defense of litigation may
be a more serious problem than the obvious cost of paying
Judgments. When the City and an employee are sued,
conflicts may require a separate attorney for each party.
A recent authoritative study shows that, of every $4 paid
out in litigation by local government, $3 goes to legal
costs; only $1 actually goes to compensate plaintiffs.
Threats of harassing lawsuits may make local government
officials less likely to act decisively where courageous
or difficult actions are in order. Good government is
difficult to achieve when officials operate under con-
stant fear of lawsuits.
The cap on liability under the Virginia Tort Claims Act
is illusory. The $25,000 cap on liability has already
been increased to $75,000. Constant pressure will keep
the cap spiraling upward.
The City is opposed to any extension of the Virginia Tort
Claims Act to localities and supports extension of immunity to
certain groups of municipal employees and volunteers who are
particularly vulnerable to suits which jeopardize the very
existence of programs desired by the community. An example of a
group of employees and volunteers needing immunity is coaches and
officials serving in youth athletic programs sponsored by the City
ZONING AND LAND U$~
One of the most important functions of local governments is
local planning and land use control. This is appropriate because
there is no entity better suited to make key land use decisions on
behalf of any locality than the local governing body. In making
land use decisions in this City, Council is guided by a
comprehensive plan developed through a citizen-based planning
process.
City Council views with increasing alarm recent efforts of the
General Assembly to control local land uses. The Council opposes
any legislation that would restrict present land use powers of
local governments to establish, modify and enforce zoning
classifications. Local governments should remain free to adopt and
enforce zoning changes that address local land use needs.
7
LEGISLATIVE PROPOSALS
EDUCATION
OVERVIEW
The Roanoke City School Board has set high expectations and
standards for students during the next Biennium. Student
achievement will improve by 4% annually; the student attendance
rate will improve by 10% each year; physical education test scores
will increase by 7% annually; and the student drop-out rate will
decline by 1% each year. The Board also has set a goal of reaching
the national average for teacher salaries by 1998-99.
The School Board applauds the work of area legislators in the
passage of legislation during the past Biennium that was directed
at improving public education. Legislation that was adopted
included: reduction of the prlmary grade class size; the provision
of State funds for instructional technology; the strengthening of
laws regarding student discipline and parental involvement; and the
prohibition of weapons on school property. This legislation will
greatly assist the Roanoke City Public Schools in achieving the
high expectations that have been set for our students. The General
Assembly is urged to continue providing the funding and program
support necessary to make education a priority in the Commonwealth.
EDUCATIONAL PRIORITY
The School Board's legislative priority for the 1996-98
Biennium calls for increased funding for education, including full
funding of the State's share of the actual cost of the Standards of
Quality (SOQ) and full funding of categorical educational mandates.
The Report of the Governor's Commission on Virqinia's Future
states that education should be the highest priority of the
Commonwealth. Yet, the Report notes that Virginia has not honored
its commitment to education. Furthermore, several recent public
surveys, including one conducted by The Roanoke Times, indicate the
public believes education should receive the highest priority in
the Commonwealth for funding.
The School Board urges the General Assembly to continue the
initiative adopted in the State Budget for the 1994-1996 Biennium
to assist school districts with reducing class size at the primary
grade level. The initiative should be expanded to upper elementary
grades four and five in order to improve the performance of
students who are at-risk of failure.
Teacher salary data for FY93-94 shows that Virginia's average
teacher salary is about $2,800 less than the national average. In
order to attract and retain the best teaching talent, the State
should set a goal of reaching the national average teacher salary
by the 1998-99 school year. To meet the goal would require that
State funding for teacher salaries increase by an additional 2.5%
per year for each of the next three years, in addition to the
nominal increases in teacher salaries funded by the State during
the last Biennium.
During the second year of the FY94-96 Biennium, reductions
were proposed in State funding for programs that target dropout
prevention and English as a Second Language (ESL) students. The
elimination of State funding for these programs would have resulted
in the loss of almost $300,000 in State monies for the Roanoke City
Public Schools. The Federal government has enacted several budget
amendments that will reduce Federal funding for programs for
at-risk youth. The State is encouraged to continue to fund dropout
prevention and ESL programs so that services to youth most at-risk
of entering the welfare system can be sustained.
The inadequacy of State funding for public education is
readily apparent in Roanoke City. For Fiscal Year 1995-96, the
General Assembly set the per pupil cost of meeting the Standards of
Quality at $2,876. Actual per pupil cost for City students to meet
the State Standards of Quality, however, is estimated to be $4,432
for Fiscal Year 1995-96. Moreover, the City Schools actually
receive only $1,438 per pupil for this fiscal year after
application of the composite index and State sales tax to the SOQ
funding formula.
EDUCATIONAL DISPARITY
Almost 50% of the Roanoke City student population is eligible
for free lunches under the Federal School Lunch Program. These
students enter school with many academic, social, and welfare needs
that must be served by the school district if they are to be
successful students. The ability of local government to adequately
fund these needs is hampered by the level of fiscal stress
experienced by Roanoke and other urban areas in the Commonwealth.
The General Assembly has recognized the need to more
adequately fund education programs in school districts with a large
number of free lunch students. During the last Biennium, funding
was provided to reduce class size in schools with significant
percentages of free lunch pupils. Roanoke City received slightly
more than $1.0 million in State funds to hire 34 additional
teachers to implement this initiative. The initiative should be
expanded to grades four and five during the next Biennium to help
improve the educational success of low income pupils.
FULL FUNDING OF STATE MANDATED PROGRAMS
JLARC studies on State mandates have recommended that State
funding be increased substantially for special education. The City
Council and School Board strongly support this recommendation and
also supports full funding of the State's share of the actual costs
of both Standards of Quality education mandates and categorical
education programs.
FULL FUNDING OF STANDARDS OF QUALITY
The General Assembly should recognize the long standing
support of public education by local governments. For many years,
local governments have funded educational costs beyond their
required share in efforts to provide quality education.
Increased funding for education, including full funding of the
State's share of the actual costs of the Standards of Quality and
full funding of categorical educational mandates, is a top priority
of the School Board. Increased State funding should be achieved
without reduction to other funding components of the State's public
education budget.or to other State funding items affecting local
governments. The State has begun to factor public school capital
improvement costs into the Standards of Quality and should increase
its share of funding such costs.
Finally, no changes to educational funding formulas, which
would reduce State funding of any school divisions, should be
recommended without specific notice of such proposed changes being
given to each school division and the Virginia School Boards
Association. Public hearings should be held with respect to such
proposed changes at locations throughout the Commonwealth. Notice
with respect to any changes to be presented to any Session of the
General Assembly should be given at least ninety days prior to the
commencement of the Session.
SAFE SCHOOL LEGISLATION
School safety and violence are serious concerns of parents and
teachers as community problems are carried over into school
activities. The General Assembly adopted a "Safe School Act" at
the 1993 Session. The Act provides a coordinated and comprehensive
approach to ensure safe classrooms. The features of the Act should
10
be enhanced by adoption of the following recommendations
General Assembly:
State funding assistance for security
personnel and equipment, including resource
officers to facilitate safe schools through
drug prevention, firearm education, and police
awareness;
Coordination of school safety programs among
the appropriate state and local agencies to
include the development of school safety
audits;
State funding assistance utilizing the City's
composite index for alternative education
programs (State currently funds only about
seven percent of the cost of this program);
and
Implementation of public agency outreach
programs to promote responsibility by parents
for the actions of their children.
by the
STATE LITERARY FUND
During the 1992-94 Biennium the General Assembly transferred
$192 million from the State Literary Fund into the General Fund to
cover teacher retirement contributions. The fiscal status of the
Fund recently has improved, allowing the release of monies for most
priority projects on the Literary Fund waiting list. The five year
need for Literary Fund loans is estimated to be over $3.0 billion.
The General Assembly is encouraged to maintain the loan authority
of the Literary Fund and avoid the transfer of Literary Fund assets
to other State programs.
HEALTH SERVICES FOR DISADVANTAGED CHILDREN
Disadvantaged children throughout Virginia are suffering from
a lack of affordable health services. In the City of Roanoke, over
4,000 children lack access to comprehensive health care, and about
50% of school age children reside in low-income families, most of
whom do not have adequate health insurance. Teenage pregnancy
rates throughout the Commonwealth are at an all-time high and
continue to escalate.
The Roanoke City Schools have limited financial resources to
finance health services. The General Assembly is urged to support
funding for the 1996-98 Biennium that would provide at least one
school-based nurse for every 1,000 children residing in the
11
locality. The services provided by these additional school-based
nurse positions would be targeted to disadvantaged children.
ELEMENTARY GUIDANCE
Legislation has been proposed that would mandate the type of
elementary guidance programs that can be used by local school
districts. Such legislation also could result in the reduction or
elimination of elementary guidance positions required by State
Standards of Quality (SOQ). Local school districts should be able
to control the type of elementary guidance services offered and the
present SOQ requirement for elementary guidance counselors should
be maintained.
The State Department of Education is also considering adoption
of regulations that would require parents to "opt in" to elementary
guidance services, rather than the continuation of the present
regulations that allow parents to "opt out" of the program. The
"opt in" process will place an undue administrative burden on
schools, and any such change in the regulations will be detrimental
to the provision of elementary guidance services to students.
INSTRUCTIONAL TECHNOLOGY
The General Assembly has provided FY95-96 funding to the City
Schools in the amount of almost $875,000 to fund instructional
technology. We appreciate these efforts to update classrooms and
libraries with state of the art equipment and networks. The City
Schools encourage the legislature to continue funding this
initiative.
STATE TERMINATION OF FUNDS FOR JUVENILE OFFENDERS
In April of 1994 the locality was abruptly notified that
funding for the continuation of the State grant for providing
services to incarcerated special education juveniles was
terminated. In order to continue to provide this service to
Juveniles, the locality has absorbed the total cost of the program
for 1995-96 which amounts to about $47,500. While the State has
given priority to the incarceration of hard-core criminals, funds
for prisoner education have been significantly reduced. The
General Assembly is urged to enact legislation that would provide
funding for the education of youthful offenders so that they may
become productive citizens rather than a burden on the state prison
system.
12
CHARTER SCHOOLS
The Charter School concept has been proposed as a solution to
assist local schools in developing educational programs at the site
level. Legislation that allows local school boards to request the
waiver of State mandates in order to implement innovative school
programs is supported. The establishment of Charter Schools is
opposed as these schools would serve a limited student population
that is not representative of the diversity in student demographics
for the locality.
TUITION CREDITS
Private school tuition credits to parents and guardians whose
children attend private schools would significantly reduce State
revenue available to local school boards without a corresponding
decline in per pupil cost. The General Assembly is urged to oppose
any system of tax or tuition credits that would reduce federal or
State revenue to local public schools.
ELIMINATION OF SCHOOL AGE CENSUS
Every three years all school divisions conduct a census of
school age children residing in the locality. The census becomes
the basis for the distribution of State educational sales tax to
the locality. Legislation was proposed during the last Biennium to
use pupil average daily membership (ADM) rather than the school
census as the basis for computing the locality's sales tax
entitlement. This methodology would reduce the sales tax
distribution to urban localities with declining enrollment. It is
estimated that Roanoke City would lose $760,135 in State
educational aid if such a change were to occur. This legislation
should be opposed unless it incorporates a mechanism to protect
urban school divisions from losing State aid.
EMPLOYEE GRIEVANCE PROCEDURES
Preliminary legislation was adopted at the last Session that
would put On the ballot a voter referendum to change the State
constitution to allow binding arbitration on the grievance process
for teaching employees. The General Assembly must approve the final
legislation during the 1996 Session in order for the referendum to
be held. School Boards should retain the final authority for all
teacher personnel matters rather than a third party. The General
Assembly is asked to reject any legislation requiring a referendum
on binding arbitration for teacher grievances.
13
EMPLOYEE BACKGROUND CHEC~
The City Schools now conduct criminal background checks on all
school employees through the State Police, but this check does not
disclose crimes the prospective employee may have committed in
other states. The General Assembly is requested to approve
specific legislation for the Roanoke City Public Schools in order
to allow the Schools to fingerprint applicants and that the
fingerprints along with other personal descriptive information be
provided to the Federal Bureau of Investigation. This background
review would provide a nationwide check of any criminal activity by
the applicant.
SCHOOL OPENING DATE
School divisions are now required to open after Labor Day
which creates difficulties in scheduling for western Virginia
school divisions that may have an abnormal number of closing days
for inclement weather conditions. It may also require schools to
remain open until the third week in June if Labor Day falls on
September 6 or 7. The General Assembly is requested to remove the
restriction on school opening prior to Labor Day.
TAXATION: REVENUE
BUSINESS~ PROFESSIONAL AND OCCUPATIONAL LICENSE (BPOL) TA~
A segment of the business community continues to agitate for
elimination of the local business, professional and occupational
license (BPOL) tax. It is important, however, to understand the
devastating consequences that loss of this revenue source could
have on Virginia's local governments. The BPOL tax generates about
$310 million a year for local governments in Virginia and for
Fiscal Year 1994-1995, generated $8.9 million for this City.
The pressure to repeal the BPOL tax originated in Northern
Virginia and continues to be strongest there, particularly among
some high technology industries. In the City of Roanoke, there
have been few, if any, complaints from the business community
regarding the tax.
Some in the business community have complained that the tax is
unfair because it is based on gross receipts rather than profit.
Businesses, however, acknowledge that the tax is passed on to
customers and clients, which makes it no different than the sales
tax. Furthermore, the BPOL tax is no different from any other
local tax or business-related expense, such as rent, utilities, or
insurance, that must be paid, regardless of whether a business is
14
profitable. Moreover, the BPOL rates are minimal. In the City of
Roanoke, the amount a business would pay ranges from .0014%
(contractors) to .0058% (professionals, such as doctors and
lawyers). Thus, a business with $100,000 of gross receipts would
pay between $140 and $580 annually, depending on its
classification. Such a small amount could not be a defining
element in the success of a business.
It has also been suggested that the BPOL tax is a "jobs
killer" and that it deters businesses from locating in Virginia.
Virginia, however, is a low tax state, ranking 46th in state and
local taxes per $1,000 of income. Forty-five states have a higher
combined state and local tax burden than Virginia. As for the tax
being a "jobs killer", the Department of Taxation reports that
there have been 115,000 new jobs created in the State since the
Allen administration assumed office.
Elimination of the BPOL tax would reduce the stability and
diversification of the local revenue base. Most local governments
already rely heavily on the property tax, and many local
governments have seen growth in sales tax revenue decline. BPOL
revenue cannot realistically be replaced by other local taxes or
fees.
City Council is willing to consider amendments to the BPOL tax
which would provide more uniformity on a statewide basis and which
would result in no loss of revenue to the City. City Council is
also willing to consider a credible replacement to the BPOL tax.
A credible replacement would be a tax that remains under local
control, generates an equivalent amount of revenue and has the
potential for future revenue growth, which is why an annual State
appropriation is not an acceptable substitute. Realistically, the
income tax and the sales tax are the only other tax sources that
can generate sufficient revenue to replace the BPOL tax.
LAW LIBRARY
The Roanoke Law Library is a public library providing services
to private citizens, students, teachers, government agencies and
businesses as well as the Bar. The Law Library is supported
primarily by a filing fee of $4.00 levied on each civil action
filed in the Circuit Court or the General District Court.
Recently, the number of filings has, however, been down sharply.
In Fiscal Year 1991-1992, the Law Library received $163,311 in
filing fees, whereas in Fiscal Year 1993-1994, the Law Library is
projected to receive only $118,000 in fees. At the same time, over
the same three-year period, the cost of legal publications
increased twenty-four percent, and the Library's budget for these
publications decreased eleven percent.
15
The $4.00 ceiling on filing fees levied on civil actions was
established by the 1988 Session of the General Assembly. In order
to provide adequate support for the Law Library, the General
Assembly Is urged to increase the allowable fee ceiling under
$42.1-70, Code of Virginia (1950), as amended, from $4.00 per case
to $6.00 per civil case. Furthermore, S14.1-133.2 establishing a
maximum total assessment for law library assessments and Courthouse
and jail maintenance assessments should be increased from $6.00 to
$8.00 per civil case.
REGIONAL ISSUF'R
URBAN PARTNERSHIP
The Urban Partnership, which
Virginia,s largest cities ~-~ ..... consists of eighteen of
Commerce ~,,u uuuncles, the Virginia Chamber
and the Virginia Business Council consisting of fifty of
of
Virginia.s largest businesses, was created to analyze the ability
of the Commonwealth,s regions to compete in the global marketplace.
If Virginia is to be competitive in the global marketplace, we must
have high performance regions. Two of the characteristics found by
the Partnership to exist in high performance regions of the
Southeast with which Virginia's regions compete are collaborative
regional government systems and lessened disparity among areas
within the region.
If the State's regions are to truly think and act regionally,
major incentives must be provided to advance regional decision
making and counteract the reality of multiple political boundaries
within a region. The City endorses the Urban Partnership,s
recommendations of an incentive fund of $200 mlllion to reward
regions that think and act regionally. The incentive fund would
reward increased regional efforts over time, reward those regions
that undertake a broad array of regional efforts and recognize
existing regional efforts.
The Partnership,s study notes that, although Virginia,s system
of independent cities and separate counties has served the
Commonwealth well for many decades, Virginia is the only state that
retains this system on a statewide basis. Today two trends
~hallenge the effectiveness of the traditional system. The first
is population growth. Some Counties are densely populated and have
developed a set of municipal services similar to those in cities.
This parallel development of Infrastructure and services, Sometimes
duplicative and expensive, undercuts the urban-rural distinction
that was the basis for the traditional system. Second, economic
competition today is not Just local or statewlde or even national
in scope. A city no longer competes Just with an adjoining county;
16
instead the region that includes both city and county competes with
regions elsewhere in the Country and the w
clear ~eed for cooperation between re-~--- or~. ~his creates a
, ~,~. Therefore, the City
supports the Urban Partnership s recommendation that Virginia law
should permit opportunities for strong regional cooperation and
consolidation and an effective means for independent cities to
transition to cities that are part of adjacent counties.
THE NEW CENTURY COUNCIl,
Through the New Century visioning process, the people of the
New Century Region were given the opportunity to decide for
themselves what their future should be. As a result of the work of
more than 1,000 volunteers, we how have a vision of where we want
to be in 20 years. In addition, New Century committees developed
approximately 150 strategies.
Two
endorses
the 1996
of the strategies require legislative action, and the City
the following strategies and recommends them for action at
Session:
Create The New Century Regional Economic
Development Council by General Assembly action
to focus on and oversee a regional approach to
all aspects of economic development, including
the clustering of those industries likely to
create new Jobs and further investment in our
region.
Pursue .the establishment at Virginia Tech of a
joint office of the Virginia Department of
Economic 'Development and the Center for
Innovative Technology to expedite the
commercialization of applicable research and
other business prospects.
INTERSTATE 73
The Intermoda! Surface Transportation Efficiency Act of 1991
("ISTEA") authorized the development of a national highway system
to serve major population centers and major travel destinations.
ISTEA identifies the Interstate 73 corridor from Charleston, South
Carolina, to Detroit, Michigan, as being a high priority.
The City supports an alignment of 1-73 following the right-of-
way of U. S. 460 from the West Virginia line, then following the
rights-of-way of the proposed "Smart Highway", Interstate 81 and
17
Interstate 581 in the City of Roanoke, and then generally following
the right-of-way of U. S. Route 220 from Roanoke to the North
Carolina line. This alignment would provide access to the largest
population center in Virginia west of Charlottesville, the medical
and financial centers of Southwestern Virginia, the largest airport
in Southwestern Virginia and one of the State's major universities.
The City's preferred alignment would strengthen both interstate and
intrastate commerce and provide direct economic benefits to the
Commonwealth.
SMART ROAD - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECH
Direct access between the Roanoke Valley and
Blacksburg/Virginia Tech is important to economic development
efforts in Southwest Virginia. The State Transportation Commission
has already recognized that a direct link from Blacksburg to 1-81
is a different project from solving traffic congestion on U.S.
Route 460 in Montgomery County, and its importance was high-lighted
when it was placed in the State's 6-year plan. Recently, the
Virginia Department of Transportation has begun public hearings on
the "Smart Road" Project. Thus far, the federal government has
allocated nearly $6 million to the Project. The City supports State
funding for this important regional project which will be a
catalyst for the creation of new jobs in the Roanoke and New River
Valleys.
INTERSTATE 66
A new transportation link between Tidewater, Virginia, and
central California, via mid-America, has been proposed. This
project is sometimes known as the Interstate 66 or Transcontinental
Highway Project.
An east-west interstate serving the southern part of Virginia,
including Lynchburg and Roanoke would be a boon to the economic
vitality of the Commonwealth. Therefore, the City supports an
alignment of this important transportation link that would take it
from Norfolk to Richmond, then follow the U. S. 460 corridor
through Lynchburg and Roanoke, and then on to West Virginia.
EXTENSION OF PASSENGER RAIL SERVICE
City Council has previously urged support for the extension of
AMTRAK rail service from New York to Atlanta via Roanoke. See
Resolution No. 31374-030893. More recently, the Virginia
Department of Rail and Public Transportation has completed Phase I
of a study of passenger rail service between Washington, D. C. and
Bristol, and/or between Richmond and Bristol. Roanoke would be a
station along both proposed routes. Phase I of the study concludes
that the proposed passenger rail service is feasible. Phase II of
18
the study is now required to consider in more detail the
preliminary conclusions of Phase I.
New passenger rail service would provide badly needed
transportation access and act as a catalyst to development of local
economies. Passenger rail service to downtown Roanoke would
provide additional support and increased visibility to such local
economic development projects as the Hotel Roanoke and Conference
Center, the Historic City Market, the Virginia Museum of
Transportation, Center in the Square, Henry Street and other
attractions and businesses in downtown Roanoke.
City Council endorses the proposal to extend AMTRAK service
between New York and Atlanta via Roanoke and urges completion of
the Bristol Rail Passenger Study by the Virginia Transportation
Board.
VIRGINIA MUSEUM OF TRANSPORTATION
The Virginia Museum of Transportation, located in downtown
Roanoke, attracts visitors to downtown and is important to people
of this region in understanding our railroad heritage. With the
construction of the railside linear park, which will connect the
Market area and the Museum, and capital improvements being made at
the Museum, the Museum's potential as a tourist destination is
vastly improved.
City Council, therefore, is very appreciative of the General
Assembly's funding of the Museum at the level of $100,000 for each
year of the 1994-96 Biennium. The General Assembly is urged to
increase its funding of this important educational and cultural
facility in next Biennium.
URBAN INTERSTATES - MAINTENANCE
The appearance of the 1-581 corridor frequently creates the
first impression that visitors and economic development prospects
have of the Roanoke Valley. Regrettably, there have been numerous
complaints about the appearance of the 1-58! right-of-way. These
complaints relate to litter, lack of mowing and scarcity of trees,
shrubbery and plantings to promote beautification. Members of the
Roanoke Valley delegation to the General Assembly are, therefore,
urged to seek adequate funding for the maintenance and
beautification of the 1-581 corridor.
19
ECONOMIC DEVELOPMENT
HIGHER EDUCATION CENTER
While the Roanoke Valley has some elements of a higher
education infrastructure, they are inadequate to assure to the
Roanoke Valley its share of economic growth and the improved
quality of life that would follow. Establishment of a higher
education center in Roanoke would be a step toward this goal.
The proposed higher education center is modeled after a new
ten million dollar, 90,000 square foot, Southwest Virginia Higher
Education Center in Abingdon. Abingdon, like Roanoke, is part of
a geographic area of the Commonwealth recognized by the General
Assembly as lacking sufficient higher education opportunities to
meet current and future needs. The State has also recently funded
a new twenty-four million dollar, 200,000 square foot, community
college campus in Norfolk.
The proposed center would be developed by Virginia Western
Community College which would expand its programs, including
programs intended to meet the area's industrial and technological
training needs. The Roanoke Valley Graduate Center, which has been
so well received that it has outgrown its current location, would
also be located in the center. Space would be available to house
programs of Virginia Tech that would benefit from an urban location
near the Hotel Roanoke and Conference Center.
The Genera~ Assembly is urged to fund the proposed higher
education center in Roanoke which will advance the educational
needs of the area as we prepare to meet the challenges of the
Twenty-first Century.
GENERAL GOVERNMEN'r
EVICTION OF TENANTS - COSTS OF REMOVING AND DISPOSING OF PERSONAL
PROP~¥
Section 8.01-156, Code of Virginia (1950), as amended, seems
to require, when personal property is removed from rental property
pursuant to a court-ordered eviction, that the sheriff store the
property and later conduct a public sale unless the owner of the
property removes it from the public way. In practice, personal
property is placed in the public right-of-way and then picked up by
the City Department of Solid Waste Management and hauled to the
Transfer Station and then ultimately to the Regional Landfill. All
this occurs at great expense to the taxpayers of the City. Of
course, the discarding of old sofas, mattresses and other household
20
items in the public right-of-way creates a terrible aesthetic
situation and certainly negatively impacts the quality of life of
neighborhoods where this occurs.
Storage and sale of this personal property is not a viable
alternative since there is no storage area, and, if one existed,
the costs of Storage and sale would ~enerally far exceed the value
of the property. Rather than burdening the general public with the
cost of removing
the personal property of evicted tenants and
disposing of it, the City submits that this should be a cost and
responsibility of the property owner who sought and obtained the
eviction. Therefore, the City urges that S8.01-156 be amended to
provide that removal of the possessions of evicted tenants is the
responsibility of the landlord, rather than the public.
VIRGINIA PUBLIc EMPLOYEE RETIREMENT SYSTEMS
BENEFITS - PORTABILITY OF
The recruitment and retention by the Commonwealth and local
governments of qualified officers and employees is critical to
maintaining and improving the quality of public service in the
Commonwealth. Intrastate mobility of public service professionals
would facilitate and enhance the recruitment of qualified
personnel. Some political subdivisions of the Commonwealth do not
participate in the Virginia Retirement System (VRS).
does not currently provide for portability between local State law
retirement
systems or the local retirement systems and the Virginia Retirement
System.
To address the portability issue, the 1994 Session of the
General Assembly adopted HJR 104 which required the VRS to conduct
a study in conjunction with the Association of Municipal Retirement
Systems. The required study has now been completed by VRS, and
enabling legislation providing for portability has been
recommended. The 1996 Session is requested to enact a bill
providing for portability.
CURFEW VIOLATION~
In 1992, a Citizens' Task Force recommended that the City's
curfew ordinance be mOdernized and streamlined. Subsequently, City
Council adopted a new ordinance, and the Clty administration, in
conjunction with the Juvenile and Domestic Relations District Court
and its Court Service Unit, developed and implemented a Juvenile
citation program whlch provides for Juvenile Court intervention in
the case of repeat offenders. Dlspositional alternatives, however,
are severely limited because curfew violation is considered a
status offense.
21
In order to provide teeth for local government curfew
ordinances, the General Assembly is urged to amend Title 16.1 to
treat violation of local curfew ordi
olation. Availability of fine° same as a traffic
uispositional alternatives l:~ ~rlver license revocation as
substantial deterrent to recidivism~rrew cases would create a
NOTICE OF CLAIMS
Section 8.01-222, Code of Virginia (1950), as amended,
requires that notice of personal injury and property damage claims
against cities and towns be given in writing within six months
after the occurrence. Compliance with S8.01-222 is simple; a
claimant merely needs to state the nature of the claim and the time
and place at which the injury occurred. Bills have been introduced
at several recent sessions of the General Assembly to repeal this
valuable notice requirement.
Although compliance with S8.01-222 is simple, the notice
requirement is vital to the Commonwealth.s cities and towns.
First, the notice provides the opportunity to correct any defect on
public property which may have caused injury before another injury
occurs. Second, the notice requirement affords the city or town a
fair opportunity to investigate the facts and circumstances
relating to a claim. The city has hundreds of miles of streets and
Sidewalks and usually becomes aware of a slip. and fall or trip and
fall only when notice is filed. Fresh notice Is essential to the
conduct of any meaningful investigation. If S8.01-222 is repealed,
cities and towns will frequently first learn of a claim two years
after the fact when suit is filed. This will deny any reasonable
opportunity to conduct an investigation of the facts and
circumstances relating to the injury. In this regard, a locality
is unlike a private property owner who is usually aware immediately
of an injury on his property.
The City believes that the notice requirement of S8.01-222
represents sound public policy and urges the defeat of any bill
weakening or repealing ~8.01-222.
COLLECTIVE BARGAININ~
Any legislation authorizing collective bargaining for public
employees in general or for any public employee group, including
School Board employees, should be opposed.
All public employees now have effective grievance procedures.
Both the City and the School Board have developed effective means
of communication which permit public employees to voice their
concerns. Collective bargaining would be a detriment to the
progress which has been mede.
22
HANDGUNS IN PUBLIC PARKS
Under current State law, firearms may be openly carried in
City parks without fear of arrest. The risks inherent in the
carrying of firearms in City parks are a grave concern to City
officials and citizens. The General Assembly has recently
prohibited possession of firearms on school grounds. Virginia
State Park Regulations prohibit the carrying or possessing of
firearms tn State parks. Regulations already applicable to school
grounds and State parks should logically be extended to public
parks.
The General Assembly is requested to amend S2(18) of the City
Charter to authorize City Council to adopt an ordinance regulating
or prohibiting the carrying of handguns in City parks. Such
ordinance would exempt law enforcement officers and persons who
hold concealed weapons permits.
23
1996
LEGISLATIVE CALENDAR
November 22, 1995
Legislative Committee met and approved
1996 Legislative Program
December 1, 1995
Public Notice of Proposed Charter
Amendment to be published in The Roanoke
Times
December 11, 1995
Council holds public hearing on proposed
Charter amendment.
Council approves 1996 Legislative Program
December 18, 1995
12:30 p.m.
Meeting w/th Legislators
January 10, 1996
First day of Session of General Assembly.
Charter amendment bills must be Introduced on
or before this date
CITY LEGISLATIVE HIGHLIGHTS
Taxation and Revenue
· Oppose repeal of BPOL tax.
· Support Regional Transportation District
with 2% tax on sale of motor fuels
Regional Issues
· Support Urban Partnership's
incentive fund.
recommended
Support New Century Council's work.
Economic Development
· Support proposed Higher Education Center
Transportation
Support construction of Smart Road.
Support alignment of 1-73 and 1-66
through Roanoke Valley
Support expansion of passenger rail
service.
Support adequate funding for maintenance
and beautification of 1-581 corridor.
Charter Amendment
· Support allowing City Council to regulate
handguns in City parks.