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HomeMy WebLinkAboutCouncil Actions 12-11-90 SpMtg SPECIAL SESSION ROANOKE CITY COUNCIL AND ROANOKE CITY SCHOOL December 11, 1990 1:30 p.m. AGENDA HOARD o 10. 11. 12. 13. 14. Call to Order. Roll Call of Council Members. Roll Call of School Board Members. Invocation. Mayor Noel C. Taylor. ~elcome and introductory remarks. Mayor Taylor. Introductory remarks. Chairman Turner. iscussion of 1991 Legislative Program: Mandates, Page 1 - ~ayor Taylor Revenue and Finance, Page 1 - Mayor Taylor Economic Development, Page 4 Hr. Fitzpatrick Sales Tax-Local Option, Page 7 - Mayor Taylor Hotel Roanoke issues, Pages 7-9 - Mr. Bowers Educational issues, Pages 8-10 Vice-Mayor ~usser Drugs, Page 10 - Mrs. Howles BlacksDurg Road, Page 10 - Mr. Fitzpatrick Safe Drinking Water and Assessment for Courthouse ann Jail Maintenance, Page 11 - ~rs. Bowles Development in Historic Districts, Page 11 Ur. Bowers Technical and legal issues, Pages 12-14 - Mr. Dibling City Charter Amendments, Pages 15-16 Mr. Bowers Recognition of the Chairman and ~embers of the Roanoke City School Board for remarks. Recognition of the Chairman of Legislative Committee for Remarks by the City Manager. Remarks by the School Superintendent. Recognition of the City's representatives to the 1991 the General Assembly for remarks. Concluding remarks. Mayor Taylor. Adjournment. remarks. Session of Office of the Mayor December 6, 1990 The Honorable Vice-~ayor and Members o~' the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowies and Gentlemen: Pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, I am calling a special meeting of the Council of the City of Roanoke oil Tuesday, December 11, 1990, at 1:30 p.m., in the City Council's Conference Room. The purpose of the meeting will be to meet with the City's representatives to the General Assembly to discuss the proposed 1991 Legislative Program of the City of Roanoke. ~ith kindest personal regards, ] am Sincerely yours, Noel C. Taylor Mayo r NCT: ra NCT15 pC: Mr. W. Robert Herbert, City .Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Mary F. Parker, City Clerk Room 452 Municipal Building 215 Church Avenue, S. W., Roanoke, Virginia 24011 (703) 981-2444 Office of the Mayor December 6, 1990 Mr. James M. Turner, Jr., ~s. Sallye T. Coleman ~s. Marilyn C. Curtis Yr. Charles W. Day ~r. Thomas L. Orr Mr. Finn D. Pincus ~s. Velma B. Seif Chairman Dear Chairman Turner and ~embers of the Board: The ~embers of the Roanoke City Council look forward to meeting with you on Tuesday, Oecember 11, 1990, at 1:30 p.m., in the City Council's Conference Room, fourth floor of the ~unicipal Building, as we discuss the City's proposed 1991 Legislative Program with our local represen- tatives to the 1991 Session of the General Assembly. With kindest personal regards, I am Sincerely yours, Noel C. Taylor, ~4ayor City of Roanoke NCT:ra ~CT18 pc: Dr. Frank P. Tota, Superintendent of Schools, P. $. Box 13145, Roanoke, Virginia 24031 ~r. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. ~. Box 13105, Roanoke, Virginia 24031 Ms. June S. Nolley, Secretary to the Superintendent and Deputy Clerk of the Board, P. ©. Box 13145, Roanoke, Virginia 24031 Roorn 452 MunicipalBuilding 215Church Avenue, S.W.,Roanoke. Virginia 24011 (703)981-2444 Office of the Mayor December 6, 1990 The Honorable A. Victor Thomas Member, House of Delegates 3028 Lockridge Road, S. ~. Roanoke, Virginia 24014 Dear Delegate Thomas: I have been advised by the City Clerk that your schedule will oermit you to meet with the Members of Roanoke City Council and the ~embers of tile Roanoke City School Board on Tuesday, December 11, 1990, at 1:30 p.m., in the City Council's Conference Room, fourth floor of th,e Municipal Building, to discuss the proposed i991 Legislative Progra,~ of the City. The Members of Council look forward to discussing matters of mutual interest and concern to the City of Roanoke and to the school system. ~ith kindest personal regards, I am Sincerely yours, ~¥oel C. Taylor, Mayor City of Roanoke NCT:ra NCT16 Room 452 Municipal Building 21S Church Avenue, S W., Roanoke, Virginia 24011 (703) 981-2~ Office of the Mayor December 6, 1990 The HonoraOle J. Granger ~acfarlane Member, Senate of Virginia P. ©. 8ox 201 Roanoke, Virginia 24002 Dear Senator ~4acfarlane: I have been advised by the City Clerk that your schedule will permit you to meet with the Members of Roanoke City Council and the Members of the Roanoke City School Board on Tuesday, December 1i, 1990, at 1:30 p.m., in the City Council's Conference Room, fourth floor of the Municipal Building, to discuss the proposed 1991 Legislative Program of the City. The Members of Council look forward to discussing matters of mutual interest and concern to the City of Roanoke and to the school system. ~ith Kindest personal regards, I am Sincerely yours, ~oel C. Taylor, ~4ayor City of' Roanoke ~¥CT: ra ~CT 16 Room 452 Municipal Building 215 Church Avenue. S W.. Roanoke. Virginia 24011 (703) 981-2444 Office of the Mayor December 6, 1990 The Honorable Clifton A. ~oodrum, ~4ember, House of Delegates P. ©. Box 1371 Roanoke, Virginia 24007 III Dear Delegate Woodrum: I regret that your schedule will prevent you from meeting with the MemDers of the Roanoke City Council and the ~embers of the Roanoke City School Board on Tuesday, December 11, 1990, at 1:30 p.m., ~it1~ regard to the City's proposed 1991 Legislative Program. He are, however, looking forward to meeting with your Legislative assistant, ~r. Baker Ellett. Please accept my best wishes for a happy and joyous holiday season. ~ith kindest personal regards, I am Sincerely yours, Noel C. Taylor, ~ayor City of Roanoke NCT: ra NC T17 Room 452 Municipal Ruilding 215 Church Avenue, S. W., Roanoke, Virginia 24011 (703) 981-2444 Office of the Council December 10, 1990 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Due to a prior engagement out of present for the Special Meeting 11, 1990, at 1:30 p.m. the City, I will be unable to be of Council on Tuesday, December You have my best wishes for a successful meeting. William White, Sr. Council Member Room 4S6. MunidpalBuiiding 215 Chu~(hAvenue. S W Rodnoke, Virginia 24011 (703)g81-254t CLIFTON A.(CHIP) WOODRUM R o BOX t371 ROANOK£, VIRGINIA 24007 SIXTEENTH DISTRICT COMMONWEALTH OF VIRGINIA HOUSE OF DELEGATES RICHMOND December 3, 1990 Ms. Mary Parker Clerk, city of Roanoke 465 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Mary: This will confirm our telephone conversation of today. The Virginia Crime Commission has scheduled a meeting for Tuesday, December 11, 1990 in Richmond beginning at 2:00 p.m. As a result, I would not be able to attend the legislative meeting of the Roanoke city Council on that date. However, my Legislative Assistan~ Baker Ellett, will be able to attend in my place. As you know, I have attended each and every such meeting in the 11 years since I was elected and have valued them for the insight I have obtained into the problems facing our city. I understand the difficulty in scheduling at this time of the year and can certainly arrange to have Mayor Taylor, Wil Dibling and/or Jay Turner or any other member of Roanoke City Council or the School Board brief me on the issues facing Roanoke and the school system at another time. With kindest regards and best wishes to you for the holiday season, I am CordiallYcli~fton~A. CAW/mw cc: The Honorable Noel C. Taylor Mr. Jay M. Turner, Jr. Wilburn C. Dibling, Esquire 1991 LEGISLATIVE PROGRAM CITY OF ROANOKE INDEX POLICY STATEMENTS Economic Development.. 4 Revenue and Finance ....................................... Special Needs of Central Cities Without Annexation Power.. 2 Zoning and Land Use ....................................... 5 LEGISLATIVE PROPOSALS Assessment of Courthouse and Jail Maintenance ............. 11 Collective Bargaining ..................................... 13 Development in Historic Districts.........................10'''''''''''''''''''''' Drugs .............................. .11 Education - Elimination of School Age Census .............. 9 Education - Enrollment Loss ............................... 9 Education - Equity in Funding ......... 9 Education - Method of Calculating Standards of Quality Costs ......................................... 9 Education - Opposition to Teacher Salary Mandates ......... 10 Education - Teacher Arbitration ........................... 10 Grievance Procedure ....................................... 12 Hotel Roanoke - Commission ................................ 7 Immunity ~ Staff ~ Volunteers in Youth Athletic Programs ............................................ 13 Notice of Claims .......................................... Occupational Disease Presumptions - Extension ............. 15 Safe Drinking Water ....................................... 11 Salaries of Mayors, Vice Mayors and Council Members ....... 1S Sales Tax - Local Option .................................. 7 Trade and Convention Center Funding ....................... 7 Transportation - Improved Access To Blacksburg/Virginia Tech ..................................... 10 CHARTER AMENDMENTS Board of Zoning Appeals - Staggered Terms ................. 15 Demolition of Historic Structures ......................... 15 Design Overlay Districts .................................. 16 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, sewage treatment and refuse collection. 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 governments are the best vehicle for the delivery of basic public services because local governments are closest to the people and most responsive to their needs. Furthermore, basic public ser- vices cannot be provided in the most effective way if the State attempts to dictate 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 In light of the Commonwealth's budgetary shortfall and the reductions in State aid currently being passed down to locali- ties, the issue of State mandates becomes more critical than ever before. For many years, mandates have been a serious financial concern to local governments. The City has previously urged reduction of excessive regulatory and statutory mandates and requested full funding of all mandates. Now with mandated pro- grams being the subject of State budgetory cuts, it is imperative that mandates be suspended until full State funding is available. REVENUE AND FINANCE 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. Furthermore, the General Assembly should give localities addi- tional authority, such as the one-half cent local option sales tax, to raise adequate local revenues to ensure the continued vitality of local government. 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 highest 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 which, if any, local revenue sources should be reduced or eliminated should be strictly a local decision. EDUCATION A top priority of the City is increased funding for education, including full funding of the State's share of the actual cost of the Standards of Quality and full funding of categorical educational mandates. The Report of the Governor's Commission on Virginia'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. Inadequacy of State funding of education is readily apparent in our own City. For Fiscal Year 1990-1991, the General Assembly set the per pupil cost of the Standards of Quality (SOQ) at $2,627. Actual per pupil cost for City students, however, is estimated to be $5,015 for Fiscal Year 1990-1991. Moreover, the City schools actually receive only $1,178 per pupil for this Fiscal Year (including one time hold harmless payment for enrollment loss) after application of the composite index and State sales tax to the SOQ fund- lng formula. SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER The larger, more urbanized, central cities of the Com- monwealth, such as this City, provide a full range of housing, health, mental health, transportation, social and humanitarian services. School systems in these cities provide excellent special education programs, and private charities located in central cities provide a broad range of charitable assistance. - 2 These factors make the Commonwealth's central cities a magnet for those in need of services. Consider these facts: That the City has over 3800 subsidized housing units while Roanoke County and Salem have only 463 and 597, respec- tively; That the City's elderly population is at 22% and increasing; That 25.8% of the City's population is below the age of 19 meaning that 48% of the City's population are consum- ers of governmental services with little ability to pay for these services; and That, by 1989, 39.8% 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 un- likely, however, that these recent successes can be sustained over the long term. In this regard, the major problem fac- lng 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 un- developable. Roanoke's peculiar problems are compounded by the need of central cities to provide police, fire, transportation, and water and sewer services at a level not required in adjoining suburban or rural localities. These services bene- fit 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 govern- ment, which is in the best interest of the Commonwealth, decisive action needs to be taken. Among those actions which should be considered are: Creation of financial incentives for local government mergers which result in stronger, more viable units of local government; and - 3 - me Special funding by the Commonwealth of those services provided by central cities which benefit the entire region. ECONOMIC DEVELOPMENT Economic development is a way of improving the economy and tax base of the Commonwealth and its localities. Much of the Eastern part of the Commonwealth (the Golden Crescent) has experienced tremendous growth during the 1980's. The City urges the Commonwealth to develop 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. According to the Report of the Governor's Commission on Virginia's Future, Virginia needs an economic development strategy. The Commonwealth is implored to form a partner- ship with its localities to develop a statewide strategy which should recognize the unique economic development problems of Virginia's land poor central cities. Part of that 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 unemploy- able. 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 sub- divisions 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 - 4 - functions or services, such as operation of nursing homes, parks and playgrounds and athletic programs, and such action is not in the public interest. 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 rapid- ly 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 judg- ments. 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 $! actually goes to compensate plaintiffs. Threat of harassing lawsuits may make local government officials less likely to act deci- sively where courageous or difficult actions are in order. Good government is difficult to achieve when officials operate under con- stant fear of lawsuits. The $25,000 cap on liability under the Virginia Tort Claims Act is illusory. 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 (,see page 12). ZONING AND LAND USE 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 - 5 - 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. - 0 - LEGISLATIVE PROPOSALS SALES TAX - LOCAL OPTION The City strongly urges the General Assembly to enact legislation authorizing all localities to levy an additional one-half cent local option sales tax, the revenues from such additional tax to be used for general government purposes. This tax authority would be in addition to the one cent local option sales tax now available to cities and counties. If authorized and levied by the City, the Director of Finance estimates an additional $6.24 million would be generated for the City's general fund. HOTEL ROANOKE - COMMISSION The City and Virginia Tech Real Estate Foundation have entered into an agreement by which they have each agreed to contribute toward the capital costs of a publicly-owned con- ference center to be constructed adjacent to a renovated Hotel Roanoke. Together, the City and the Foundation are seeking a developer and hotel operator to renovate and operate the Hotel. To facilitate financing and operation of the conference center, the City and the Foundation are requesting the General Assembly to create by special act a commission, similar to the Roanoke Regional Airport Commission, which would have the following powers: (1) to issue bonds; (2) to purchase, own, sell and lease real and personal property; (S) to award con- cession rights; and (4) to establish policy for operation of a conference center. The original members of the commission would be the City and the Foundation with provision for membership of other political subdivisions agreeing to assume a proportionate share of debt service and operating expenses. TRADE AND CONVENTION CENTER FUNDING The City has completed a feasibility study which estab- lishes the economic viability of a trade and convention center in downtown. In addition, the study shows that the facility would generate $2,179,000 in new tax revenue; of this amount, $1,022,000 would be new State tax revenue. The City and Virginia Tech Real Estate Foundation have &greed to build and operate a conference center adjacent to the Hotel Roanoke. This project, if successful, would give Roanoke the convention and hotel facilities to justify a trade and convention center. - 7 - EDUCATION - METHOD OF CALCULATING STANDARDS OF QUALITY COSTS The City urges the General Assembly to study the methodology used by JLARC in calculating the costs of the SOQ to determine whether the formula accurately reflects the actual costs of meeting the SOQ. The new methodology appears to be inadequate in several respects. First, it artificially lowers the State average salary instead of using actual salary figures. Second, it uses an artificially low limit on the number of professionals per thousand students for which State aid is given. Third, the methodology does not address the cost differences in providing education to students with special needs, such as the inner city school population served by our School Division. EDUCATION EQUITY IN FUNDING The Governor has appointed a study commission to examine equity in the funding of public education by the State. The commission is urged to recognize the unique funding needs of urban school divisions. Special education and disadvantaged students comprise over 50~ of the population in urban school divisions. The large percentage of children with special needs coupled with the fiscal stress prevalant in core cities requires additional State funding for urban school districts. EDUCATION - 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. New methodology using pupil average daily mem- bership (ADM) would reduce the sales tax distribution to urban localities with declining enrollment. It is estimated that Roanoke City would lose over $1.2 million 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. EDUCATION - ENROLLMENT LOSS The last Session of the General Assembly continued the enrollment loss provision for school divisions with declining enrollment. State educational aid was continued for each student lost through enrollment decline at 80~ of the prior year enroll- ment. This legislation should be continued for the next Biennium in order to protect school divisions with declining enrollment from a substantial loss of State aid. - 9 - EDUCATION - OPPOSITION TO TEACHER SALARY MANDATES The City strongly opposes State mandates for teacher salary increases. These mandates take away local officials' ability to make appropriate budget decisions and have imposed undue financial hardships on local governments. Further, the teacher salary mandates have created tensions in local governments when salary mandates are funded at the expense of salary increases for other local government employees. EDUCATION - TEACHER ARBITRATION For several Sessions, the General Assembly has considered amending the State Constitution to require that a third party arbitrator be the final authority in the teacher grievance pro- cess. School boards would be stripped of their current consti- tutional authority to make many key personnel decisions relating to teachers. A system which prohibits school boards from disciplining teachers is not in the best interest of the public. The General Assembly is urged to defeat any resolution requiring a referendum on the proposed constitutional amendment. DRUGS The City and School Board are vitally concerned about the drug abuse epidemic and the problems it is causing to society. To combat the drug problem, City Council funded eight new law enforcement positions in the City's 1989-1990 Budget. To assist in fighting the drug problem, local law enforce- ment agencies should be permitted to retain the confiscated assets of drug dealers to be used to defray the costs of en- forcing drug laws. Therefore, the City supports passage of the proposed constitutional amendment to implement this, and urges the General Assembly to make Virginia's asset seizure program at least as effective as the federal program. The City also endorses expanded funding for drug education and treatment to reduce the demand for illegal drugs. Special programs for education and treatment are needed in jails and pri- sons. TRANSPORTATION - IMPROVED ACCESS TO BLACK,BURG/VIRGINIA TECH Direct access between the Roanoke Valley and Blacksburg/ Virginia Tech is important to economic development efforts in - 10- 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 400 in Montgomery County, and its importance was high- lighted when it was placed in the State's 8-year plan. The City supports State funding for this important regional project. SAFE DRINKING WATER The City recognizes the State's role in enforcing the Federal Safe Drinking Water Act as long as the costs of enforcement are funded through the general fund. The City is opposed to any tax or assessment on production of drinking water. ASSESSMENT FOR COURTHOUSE AND JAIL MAINTENANCE The 1990 Session of the General Assembly authorized the governing bodies of cities and counties to impose a new assess- ment as a part of the fees taxed as costs in each criminal or traffic case in a district or circuit court in an amount not in excess of $2.00. See S14.1-13S.2, Code of Virginia (1950), as amended. The assessment is to be used for the construction, renovation or maintenance of courthouse or jail facilities and to defray increases in heating, cooling and electricity costs. This legislation expires by its own terms on July 1, 1991. City Council requests that this helpful legislation be con- tinued indefinitely. Operation of a courthouse and jail are State mandates, and this assessment defrays a small portion of the unfunded cost of these mandates. DEVELOPMENT IN HISTORIC DISTRICTS The Architectural Review Board appointed by City Council must issue a certificate of appropriateness before any building in a historic district can be erected or demolished or, in cer- tain cases, altered. In this regard, applicants for permits often make certain promises, for example that a building will be demolished within a certain time frame, that a demolished building will be replaced by a new building, that a building will be renovated in accordance with certain plans, etc. The Board, however, has no effective method of enforcing these promises. Therefore, it is recommended that an architectural review board should be authorized to impose conditions on the issuance of a certificate of appropriateness which will render the cer- tificate null and void if not met. Furthermore, the Building Commissioner should be authorized to revoke or withhold a cer- tificate of occupancy if conditions are not met. - 11 - GRIEVANCE PROCEDURE The Director of the State Office of Employee Relations Counselors has attempted to impose a uniform employee grievance procedure on all local governments. The proposed procedure is very cumbersome and time consuming, turning what should be an opportunity for quick, informal due process into a full blown judicial proceeding complete with discovery. The City strongly objects and urges the Governor and the General Assembly to allow flexibility in local grievance procedures as long as they comply with minimum provisions of State law. The City also requests that local governments be authorized to exempt from the grievance procedure certain management employees at the level of department head and above. These posi- tions are comparable to management positions exempted from the State grievance procedure. IMMUNITY FOR STAFF AND VOLUNTEERS IN YOUTH ATHLETIC PROGRAMS The City's non-profit, youth athletic programs are supported by several City employees and many volunteers. These volunteers serve as coaches, assistant coaches, league officials, etc. It is well known that these athletic programs involve high risk activities which expose staff and volunteers to considerable liability. If these athletic programs, which are so beneficial to our youth, are going to continue, the General Assembly will need to extend immunity to the local government employees and volunteers who oversee them. 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 the past several 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 %he facts and cir- cumstances relating to a claim. The city has hundreds of miles of streets and sidewalks and usually becomes aware of a slip and - 12 - fall or trip and fall only when notice is filed. Fresh notice is essential to the conduct of any meaningful investigation. If §8.01-222 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 investi- gation 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 §8.01-222 represents sound public policy and urges the defeat of any bill weakening or repealing §8.01-222. EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTIONS Police officers, deputy sheriffs and firefighters have the advantage of nearly irrebuttable presumptions that heart disease and hypertension are occupational diseases under the Workers' Compensation Act. Firefighters have an additional presumption with respect to lung disease. The City cur- rently has a Workers' Compensation Act liability of $2.6 million for heart, hypertension and lung awards made to public safety officers as a result of the statutory pre- sumption. Without stating any opinion as to the wisdom of the current presumptions, the City urges the General Assembly not to extend the occupational disease presumption to new diseases, such as cancer. The high incidence of cancer among Americans is known to all of us, and, as terrible as this disease is, it should not be the subject of a work related presumption. COLLECTIVE BARGAINING Any legislation authorizing collective bargaining for public employees in general or for any public employee group should be opposed. Ail public employees now have effective grievance pro- cedures. 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 made. SALARIES OF MAYORS, VICE MAYORS AND COUNCIL MEMBERS Salaries of mayors and council members, which are established by $14.1-47.2 of the State Code for cities of various population - 13 - brackets ($15,000 for mayors and $13,000 for council members in cities of our size), have not been increased since 1985. Given inflationary forces and increasing time demands made on members of local governing bodies, an increase of $2,000 in the maximum salaries allowed for the mayors and council members in all popu- lation brackets should be enacted. Furthermore, the General Assembly should allow that vice mayors be paid $1,000 more than the salary allowed for council members. The time demands made on the vice mayor in a city of our size are considerable, and additional compensation for this office is clearly in order. If the General Assembly increases the maximums as requested, salary increases for members of local governing bodies will not be automatic. Each local governing body will need to make an individual decision whether salary increases are in order in the particular locality. - 14- CHARTER AMENDMENTS BOARD OF ZONING APPEALS - STAGGERING OF TERMS Section 62(8) of the City Charter authorizes City Council to appoint a Board of Zoning Appeals consisting of five (5) members, each to be appointed for a term of three (3) years. No provision is made for staggered terms allowing for the possibility of all new Board members which would be very prejudicial to the work of this important body. Therefore, it is recommended that the Charter be amended to provide that, at the expiration of the current terms, two members be appointed for three year terms, two members for two year terms and one member for a one year term. Thereafter, all members would be appointed for three year terms. DEMOLITION OF HISTORIC STRUCTURES State Code §15.1-503.2 authorizes counties and cities to designate historic landmarks, buildings and structures and historic areas; to create an architectural review board to review and approve reconstruction or alteration of historic structures; and to prohibit the razing or demolition of his- toric structures without following certain procedures. The State statute further provides that a historic structure may not be razed until it has been offered on'the market at a price reasonably related to its fair market value for a cer- tain number of days without any bona fide contract for such structure being executed. For example, a structure valued at $40,000 to $50,000 must be offered on the market for five months before it can be razed. This City has implemented the historic district zoning authorities authorized by the State Code in the Market District and in Old Southwest. There is a problem, however, with the minimal penalties authorized by the State Code for razing a historic structure without following the required procedures. Section 15.1-503.2 is part of the State zoning enabling legislation, and for violations of local zoning ordinances, §15.1-491(e) authorizes a penalty of not less than $10 nor more than $1,000. No person should be permitted to destroy a priceless part of the community's heritage and pay a mere fine of $1,000 as a cost of doing business. It is recommended, therefore, that the City Charter be amended to state that razing or demolition of a historic structure in violation of the City's historic district zoning ordinance shall sub- ject the responsible party to a civil penalty in an amount not to exceed twice the assessed value of the structure. - 15- DESIGN OVERLAY DISTRICT~ The City has several neighborhoods or districts which, although not historic, are unique and need conservation and protection from new development which is not in harmony with existing development. These neighborhoods or districts are the Blue Ridge Parkway corridor, the Roanoke River corridor and the new Franklin Road/Elm Avenue redevelopment area. The intent is to encourage new development that is compatible with existing development or is consistent with an adopted plan. To meet this need, the City requests Charter authority to establish design overlay districts to promote architectural coherence and harmony and protect developed areas of the City which exhibit unique neighborhood character. Design overlay districts and guidelines for construction in such districts would be established after public hearings held by City Council. - 16-