HomeMy WebLinkAboutCouncil Actions 12-18-86 SpMtgSPECIAL
SESSION ...... ROANOKE CITY COUNCIL
December 18, 1986
3:30 p.m.
AGENDA
2.
3.
4.
5.
6.
7.
10.
11.
Call to Order.
Roll Call of City Council members.
Roll Call of School Board members.
Invocation.
Statement of Purpose. Mayor Noel C.
Welcome to legislative officials
Presentation of 1987 Legislative
Dibling, Jr., City Attorney.
Statements by the Honorable J.
Honorable A. Victor Thomas, and
Woodrum, III.
Taylor·
and School Board members.
Program. Mr. Wilburn C.
Granger Macfarlane, the
the Honorable Clifton A.
Closing statement. Mayor Taylor.
Adjournment.
Statements by the Mayor, members of the Roanoke City Council,
and administrative staff; and the Chairman, members of the
Roanoke City School Board, and administrative staff.
Ofl~ce of rhe May~
December 8, 1986
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Dowles and Gentlemen:
The City Attorney will present the 1987 Legislative Program to
Council at our regular meeting on Monday, December 15, 1986.
A joint meeting of City Council and the School Board with Senator
Macfarlane and Delegates Thomas and Woodrum has be~n scheduled
for Thursday, December 18, 1986, at 3:30 p.m., in the Council's
Conference Room. I hope all members of Council will be in atten-
dance as we discuss important issues relating to the City and our
school system.
Sincerely yours,
NCT:jas
cc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Oibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Room ~.52 Municipal Buildi~g 215 Church Arc, hue, S.W. Roonoke, Virginia 24011 (703) 981-2444
Office of tt~ May~'
December 8, 1986
Mr. Donald Bartol
Ms.' Sallye T. Coleman
Ms. LaVerne B. Dillon
Mr. Edwin R. Feinour
Mr. David K. Lisk
Mr. James M. Turner, Jr.
Mr. William White, Sr.
Dear Ladies and Gentlemen:
The City Attorney will present the 1987 Legislative Program to
the members o.f Council'at our regular meeting on ~ohday, December
15, 1986.
On behalf of the members of Council, I would like to invite you
to attend a meeting with Senator Macfarlane and Delegates Thomas
and Woodrum to discuss our legislative package on Thursday,
December 18, 1986, at 3:30 p.m., in the City Council's Conference
Room, fourth floor of the Municipal Building. I hope all members
of the School Board will be able to join us as we discuss impor-
tant issues relatinq to the City and our school system.
Sincerely yours,
Noel C. Taylor, ~fayor~
City of Roanoke
NCT: jas
cc:
Or. Frank P. Tota, Superintendent of Schools
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board
Mr. Wilburn C. Dibling, Jr., City Attorney
Room s.52 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2444
December 8, 1986
The Honorable J. Granger Macfarlane
Member, Senate of Virginia
Post Office Box 201
Roanoke. Virginia 24002
The Honorable A. Victor Thomas
Member, House of Delegates
1301 Orange Avenue, N. E.
Roanoke, Virginia 24012
The Honorable Clifton A. Woodrum,
Member, House of Delegates
Post Office Box 1371
Roanoke, Virginia 24007
III
Gentlemen:
I am pleased that you will be able to meet with the members of
Roanoke City Council and the Roanoke City School Board to discuss
the 1987 Legislative Program. Pursuant to your telephone conver-
sation with my secretary, this will confirm that the meeting will
be held on Thursday, December 18, at 3:30 p.m., in the City
Council's Conference Room, fourth floor of the Municipal
Building.
I look forward to meeting with you as we discuss important issues
relating to the City and our school system.
Sincerely yours, /~
Noel C. Taylor, Mayor
City of Roanoke ~
NCT: ]as
cc: Mr. Wilburn C. Dibling, Jr., City Attorney
Room ~.52 MunicipalBuildlng 215 (~urch Avenue, S.W. Roanoke, Vlrglnla24011 (703)981-2444
CITY OF ROANOKE
1987
LEGISLATIVE PROGRAM
WILBURN C. DIBLING, JR.
CITY ATTORNEY
464 MUNICIPAL BUILDING
ROANOKE. VIRGINIA 24011
703-981-2431
CITY COUNCIL
Noel C. Taylor, Mayor
Howard E. Musser, Vice-Mayor
David A. Bowers
Elizabeth T. Bowles
Robert A. Garland
James G. Harvey, II
James O. Trout
CITY MANAGER
W. Robert Herbert
SCHOOL BOARD
Edwin R. Feinour, Chairman
William White, Sr., Vice-Chairman
Donald Bartol
Sallye T. Coleman
LaVerne B. Dillon
David K. Lisk
James M. Turner, Jr.
SUPERINTENDENT
Dr. Frank P. Tota
TABLE OF CONTENTS
Introduction ................................................... 1
Policy Statements .............................................. 2
Legislative Proposals .......................................... 6
INTRODUCrION
The City Council and School Board of the City of Roanoke are
pleased to commend this Legislative Program for consideration by
the 1987 Session of the General Assembly. This Program has been
prepared by our City Attorney, Wilburn C. Dibling, Jr., with the
assistance of comments and suggestions from Council members,
School Board members, City and School administrators and citi-
zens.
The Program consists of two parts. The first part is a
series of policy statements which represent the philosphy of
Roanoke City Council on a number of important policy issues.
Obviously, it is impossible to anticipate all the legislative
issues that will arise during the course of any session of the
General Assembly, and these policy statements should provide
helpful guidance to our legislators throughout the Session. The
second part of the Program consists of specific legislative pro-
posals of the City.
The City Council and School Board are uniquely qualified to
understand the legislative needs of this City and its people, and
I am of the opinion that this Program is responsive to those
needs. With the support of our legislators, and this City is
fortunate to have legislators who are most supportive and re-
sponsive to the needs of our City and its citizens, I know that
our City government and School Division will be improved and that
the quality of life for our citizens will be advanced.
If during the course of the Session our legislators have
questions concerning the position of the City on legislative mat-
ters, they are encouraged to contact our City Attorney who I know
will be pleased to respond after consultation with Council or the
School Board and any other appropriate officials. I also know
that the City Attorney will be in contact with our legislators on
many occasions during the 1987 Session, and their consideration
of his communications is deeply appreciated.
Noel C. Taylor
Mayor
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POLICY STATEMENTS
Effective Government
Local governments were originally organized to provide essential
services and protection that citizens could not or would not pro-
vide 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 continu-
ally striving for economy 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 performed in the most effective way if Virginia
adopts the federal model of over-regulation with the State dic-
tating 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.
With more and more programs and functions being returned to
the states and localities by the federal government, it is impor-
tant that local governments be granted greater autonomy to manage
their own affairs and that the Commonwealth refrain from inter-
vention in local policy and administrative issues.
Mandated Programs
Efforts to reduce huge federal deficits will almost certainly
involve more responsibility at the State and local levels.
As the federal government eliminates programs and functions,
there will be a continuing temptation for the State to pass these
programs and responsibilities down to its already financially
stressed cities, towns and counties. It is, however, unrealis-
tic to expect local governments to assume any new mandates,
either through law or regulations, which require expenditure of
local funds. Moreover, local taxpayers are not supportive of
local tax increases to fund mandates from Richmond.
The General Assembly and the Governor are urged to actively seek
the reduction of excessive regulatory and statutory mandates.
As noted in the 1984 JLARC study of Local Mandates and Fiscal
Resources, State mandates in the area of education and social
services are of serious financial concern to localities. The
General Assembly is strongly urged to adress the local fiscal
impact of state mandates during the 1987 Session.
Revenue and Finance
The study of local governments conducted by the Joint Legis-
lative Audit and Review Commission (JLARC) in 1983 found that
most local governments are fiscally stressed and that cities are
generally more fiscally stressed than counties. Furthermore, the
same study found that the fiscal stress of localities has been
increasing in recent years.
A major factor in the fiscal stress of localities is the level
of State aid and State mandates. State aid to localities has
grown at a rate considerably less than the rate of growth in
State general fund revenues, and, at the same time, the State
has continually imposed new unfunded mandates on the locali-
ties. These factors are compounded by rapidly shrinking federal
aid.
The problem of fiscal stress is further complicated by the con-
tinued erosion of the local tax base. 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. Investigation and study of additional
local revenue sources is also encouraged. Historically, real
and personal property taxes have been the foundation of local
tax revenues. The State's restriction and erosion of other
local resources, however, have resulted in over reliance on
property taxes, placing local governments in financial jeopardy.
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
The Report of the Governor's Commission on Virginia's Future
states that education should be the highest priority of the Com-
monwealth. 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. Using new methodology, the General Assembly set
the per pupil cost of the Standards of Quality (SOQ) at $2,044
for Fiscal Year 1986-1987. Actual per pupil cost for City
students, however, is estimated to be $3,623 for Fiscal Year
1986-1987. Moreover, the City schools actually receive only
$660 per pupil for this Fiscal Year after application of the
composite index and State sales tax to the SOQ funding formula.
Full funding of the State's share of the actual cost of the
Standards of Quality and full funding of categorical educational
mandates is a high legislative priority of the City.
Magnet Effect Of Central Cities
The larger, more urbanized, central cities of the Commonwealth
provide a full range of social and humanitarian programs. School
systems in these cities provide excellent special education pro-
grams, and private charities located in central cities provide a
broad range of charitable assistance. These factors make the
Commonwealth's central cities a magnet for those in need of ser-
vices. It is not surprising that our central cities include a
disproportionate number of handicapped, disabled, illiterate, un-
employed, impoverished and homeless persons. The City of Roanoke
has graciously shared its municipal resources with those in need
of services. The City's generosity continues while the communi-
ties from which these persons come make no contribution toward
their support. The magnet effect creates an unfair situation for
the Con~nonwealth's central cities.
Since the central cities are bearing a disproportionate burden,
which should in all fairness be shared equally by all citizens
of the Commonwealth, the General Assembly should provide special
funding and authorities to these cities.
Economic Development
Economic development is a way of improving the economy and
tax base of the Commonwealth and its localities. Virginia has,
unfortunately, lagged behind neighboring states in its economic
development programs and activities. The City endorses the em-
phasis of Governor Baliles on economic development, which includes
all those activities that enhance the economic well being of the
Commonwealth and its political subdivisions, and the increased
efforts of the Division of Industrial Development to foster eco-
nomic development in Virginia.
According to the Report of the Governor's Commission on Vir-
ginia's Future, Virginia needs an economic development strategy.
The Commonwealth is implored to form a partnership with its
localities to develop a statewide strategy which should recog-
nize the unique economic development problems of Virginia's
land poor cities. Tourism and convention activity should be
recognized as integral components of economic development.
Drugs
The City and School Board are vitally concerned about the
problems caused by drugs in our society and support efforts to
increase programs designed for the prevention and cure of drug
abuse.
LEGISLATIVE PROPOSALS
FULL FUNDING OF STANDARDS OF QUALITY AND CATEGORICAL EDUCATIONAL
MANDATES
A top priority of the City Council and School Board is full
funding of the State-imposed Standards of Quality (SOQ) and full
funding of categorical educational mandates. 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 government.
The new methodology developed by the Joint Legislative Audit and
Review Commission (JLARC) for calculating the costs of the SOQ,
which subsequently was modified by the Governor and included in
the 1986-1988 Appropriations Act, is not realistic and should be
revised. The methodology supported by City Council and the City
School Board is that previously utilized by the Department of
Education prior to the 1986-1988 Biennium. The Department's cal-
culation, which represents a more realistic estimate of SOQ
costs, was on the statewide average number of instructional posi-
tions, statewide average salary and benefit costs and an amount
for support services based on actual costs.
Utilizing the new methodology, the General Assembly set the SOQ
per pupil cost at $2,044 for 1986-1987 and $2.254 for 1987-1988.
Under the new methodology, however, a discrepancy exists between
what the State maintains is required and the actual cost to lo-
calities of funding the SOQ. Actual per pupil cost for Roanoke
City is estimated to be $3,623 for Fiscal Year 1986-1987 and
$3.977 for Fiscal Year 1987-1988. More importantly, Roanoke City
Schools actually will receive only $660 per pupil for Fiscal Year
1986-1987 and $759 per pupil for Fiscal Year 1987-1988 after ap-
plication of the composite index and State sales tax to the SOQ
funding formula. The State should fund the full cost of the SOQ
calculated on a more realistic basis.
Furthermore, the General Assembly should recognize local govern-
ments' longstanding support of public education. For many years,
City Council has funded educational costs beyond its required
share in an effort to provide quality education.
FUNDING FOR GOVERNOR'S SCHOOL FOR SCIENCE AND TECHNOLOGy
During the 1986 Session of the General Assembly, 1986-1988
Biennium funds were appropriated for six regional high schools
specializing in mathematics, science, technology and the arts.
For the second year of the Biennium, however, a 20% reduction in
funding was specified along with a directive that localities
should plan for total financial support of these programs in the
future. The Appropriation Act places the burden on local tax-
payers in these six localities to fund 100% of the excess costs
not covered by minimal per pupil reimbursement/tuition. Due to
the fact that these programs are highly technical in nature, and
regional in scope, the per pupil personnel and support costs for
the operation of these specialized schools are greater than those
for the regular high school program.
The General Assembly, therefore, is urged to provide additional
State categorical funding for local school divisions where these
State-initiated regional schools are located. Without adequate
State support, the future of these State-initiated regional
schools is uncertain.
LITER~y FUND
The State Board of Education is authorized by §22.1-146, Code of
Virginia (1950), as amended, to make loans from the Literary Fund
to local school boards for school construction purposes. Current-
ly, iow-interest Literary Fund loans are the major source of
State assistance for school divisions' capital improvement
budgets. During the last four State budgets, however, a total of
$166.9 million has been transferred out of the Literary Fund by
the General Assembly for State support of teacher retirement,
thus reducing the available funds for low-interest Literary Fund
loans.
The inadequacy of Literary Fund money is evidenced by a long
waiting list for construction loans (in excess of two years).
These capital expenditures are a legitimate portion of the
overall cost of education and, in the absence of direct State
support to local school board construction projects, the Lite-
rary Fund should be carefully protected. Consequently, the use
of the Literary Fund should be limited to loans for school con-
struction, alteration, renovation/modernization and expansion.
The City Council and School Board support legislation that would
restore to public school divisions in Virginia expedient access
to Literary Fund loans and oppose the use of the Literary Fund of
the Commonwealth for purposes other than the construction, altera-
tion, renovation/modernization or expansion of school buildings.
FULL FUNDING OF STATE MANDATED PROGRAMS
JLARC's July, 1985, update to its 1984 State Mandates on Local
Governments study recommended that State funding be increased
substantially for special education, social services auxiliary
grants and State-mandated health programs. The City strongly
supports this recommendation and also strongly supports full
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funding of the State's share of the actual costs of both
Standards of Quality education mandates and categorical educa-
tion programs, as previously noted, and continued State support
of human services programs. Furthermore, in the event of reduced
revenues to localities as a result of the Gramm-Rudman-Hollings
Act or other Federal legislative actions, the City urges the
State to recognize its responsibility to aid localities, either
directly through State financial assistance or indirectly through
the passage of permissive legislation allowing localities to tap
additional sources of revenue.
HOMELESS SHELTERS
Homeless persons are attracted from all areas of the State to
urban centers by the availability of governmental programs of
assistance and private charitable relief. While the homeless are
a vital concern of the cities where they are present, they are
also the legitimate responsibility of the communities from which
they come.
Funding shelters for the homeless, therefore, should be borne
equally by all the State's citizens. The City urges emergency
State funding for the provision of shelters for the homeless as
recently recommended by the House General Laws Subcommittee on
Housing in Urban Areas.
REIIvlBURSEMENT OF LOCALLY OWNED NURSING HO~S
The present Medicaid formula for reimbursement of nursing care
encourages nursing homes to accept non-Medicaid patients when-
ever possible and/or patients who require less nursing care.
Our municipally owned nursing home does not accept patients who
have funds with which to pay for their care, and we, usually,
care for residents of the valley who have not been accepted by
other nursing homes. As a result, we care for no patients who
pay their own way and more patients requiring intensive nursing
services.
It is recommended that Medicaid payments to the nursing homes be
based upon the condition of the patient and the services required
rather than the current uniform daily rate which is paid for all
patients regardless of the patient's condition.
ANNEXATION - FUNDING ~aND PROCEDURES
In 1979, the General Assembly enacted an annexation package pur-
suant to which some counties obtained immunity from annexation
and all localities were provided additional State aid in the
areas of administration of justice, law enforcement salaries,
health care for indigents and street and highway construction and
maintenance. As part of the 1979 compromise, annexation proce-
dures were also agreed to by cities and counties. In 1980, the
General Assembly acted to provide the funds necessary to imple-
ment the annexation package. This City has used this funding to
provide tax relief.
Roanoke City Council is opposed to any reduction in the agreed
upon annexation funding and to shifting of responsibility for
additional programs to local government as a result of the
annexation package. The annexation package was intended to pro-
vide partial compensation to cities for loss of the annexation
power and also represented a first step toward more equitable
State funding of all local governments.
Reduction of annexation funding or substantive amendment of the
annexation procedures agreed to by all the parties in 1979 would
be a breach of faith.
VIRGINIA MUSEUM OF TRANSPORTATION
The Virginia Museum of Transportation, located in Wasena Park
adjacent to the Roanoke River, suffered massive flood damage on
November 4, 1985. Since that time the Museum has moved to a new
location, raised $165,000 form the private sector for flood re-
covery and increased its annual revenues from $96,000 to
$400,000.
The financial burden of restoration of exhibits and relocation of
the facility has been tremendous. The job has not, however, been
completed, and, due to the nature of rust, mold and mildew, the
deterioration of exhibits continues.
The Museum is an important asset to the Valley in preserving our
transportation heritage and also attracts tourist dollars to the
benefit of our economy. Therefore, the City supports the
Museum's request to the General Assembly for $250,000 in flood
recovery money and $100,000 in operating funds.
LIMITATION OF RECOVERY AGAINST CITY COUNCIL MEMBERS
The insurance market for public officials' liability coverage is
virtually non-existent. This situation could deter qualified
persons from seeking or remaining in public office or accepting
appointment to other local boards and commissions. Limitation of
liability for such officials is certainly in the public's
interest.
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The City requests the General Assembly to provide to members
of Iota! governing bodies and boards, commissions, agencies
and authorities of local governments immunity from suit arising
from the conduct of the affairs of such governing body, board,
commission, etc. Immunity would not apply to wilful misconduct,
gross negligence or violation of the Comprehensive Conflict of
Interests Act.
INSURANCE FOR CONSTITUTIONAL OFFICERS
The Attorney General has recently ruled that local governments
are without authority to extend insurance or self-insurance pro-
grams to constitutional officers or indemnify these officers.
Exceptions exist for our Clerk of Circuit Court because under
§57A of our Charter the City pays all expenses of this office
and, in turn, receives all fees and commissions from the office
and for the Sheriff's Department in the operation of City-owned
vehicles, but, as a result of the Attorney General's opinion, all
other constitutional officers must look to the Commonwealth to
meet their insurance needs.
Insurance costs are a legitimate cost of doing business for the
State's constitutional officers. The City urges the General
Assembly to see that a full range of insurance, including general
liability, errors and omissions, workers' compensation, unemploy-
ment and motor vehicle liability, is provided for constitutional
officers. The State should fully fund the costs of such
coverage.
EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTIONS
Police officers, deputy sheriffs and firefighters have the advan-
tage of nearly irrebuttable presumptions that heart disease and
hypertension are occupational diseases under the Workers' Compen-
sation Act. Firefighters have an additional presumption with
respect to lung disease. The City currently has a Workers' Com-
pensation Act liability of $2.1 million for heart, hypertension
and lung awards made to public safety officers as a result of the
statutory presumption.
Without voicing any opinion as to the wisdom of the current pre-
sumptions, 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. House Bill 573, carried
over by the 1986 Session, should be defeated.
- 10
JAIL OVERCROWDING
Overcrowding of the Roanoke City Jail remains a serious problem.
Our jail is certified to house 192 inmates, but on many occasions
is required to house far more inmates. The reason for this over-
crowding is that many inmates convicted of State felonies are not
being picked up by the State Department of Corrections and are
serving their full felony sentences in the Roanoke City Jail. A
recent survey by the Roanoke City Sheriff shows that inmates con-
victed of State felonies as long as ten months ago still remain
in the City Jail.
The City Jail was not built as a facility to house felons serving
State sentences. A full range of work programs, vocational
opportunities and social programs are not available to inmates in
a local jail nor are such programs needed if the jail is used for
its intended purpose. Improper utilization of the local jail as
a facility for the long-term housing of convicted felons causes
the inmates to become hostile and antisocial and could create a
dangerous situation.
Even when construction of the new pod of the Roanoke City Jail is
completed, space will not be available to house the many con-
victed felons the State Department of Corrections has refused to
provide for. The City urges the General Assembly to act to rec-
tify State-caused overcrowding at the Roanoke City Jail.
WATER MANAGEMENT
The City recognizes that certain areas of the Commonwealth have
water supply and allocation problems. The City further believes
that the Commonwealth should assume a meaningful role in water
management planning. Specifically, the role of the Commonwealth
should be as follows:
To provide imaginative, positive and compre-
hensive leadership in water management plan-
ning;
To study water deficit and allocation problems
and to gather and compile information and data
necessary to permit the development of a sound
water management policy; and
To provide technical expertise to local govern-
ments in water management planning as authorized
by §62.1-44.38,F, Code of Virginia (1950), as
amended.
The City, however, is vigorously opposed to any State legislation
which would regulate or limit the City's use of its existing
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water sources or which would impair the existing authorities of
the City to develop new water resources.
As is well known, the City has excellent water sources which
will meet the City's needs until at least 2025. In present day
dollars, it would cost more than $110 million to develop these
sources (more than $60 million in source development and more
than $50 million for land acquisition). Inasmuch as these water
sources were developed totally with local funds, it would be most
unfair and inequitable for the Commonwealth to attempt to regu-
late or limit the City's use of these sources. Moreover, any
legislation which would allow other persons, including the
Commonwealth and its cities, counties and towns, to make use of
the City's water resources would amount to subsidization of
others by City taxpayers.
UNIFORM STATEWIDE BUILDING CODE AND BUILDING MAINTENANCE CODE
PENALITIES.
Violations of the Virginia Uniform Statewide Building Code and
the State Building Maintenance Code are presently punishable as
misdemeanors by a maximum fine of $1,000. See §36-106, Code of
Virginia (1950), as amended. This penalty has proven to be an
insufficient deterrent. The City supports an amendment that
would make such violations punishable as Class i misdemeanors by
a fine and/or twelve months incarceration in order to ensure the
safe construction and maintenance of buildings.
RETAINAGE ON CONSTRUCTION CONTRACTS
State law currently authorizes local governments to retain 5% of
the amount due on progress payment construction contracts to
assure faithful performance of the contract. At least 5% re-
tainage is commonly utilized in private sector construction
contracts.
House Bill 63, carried over from the 1986 Session, would require
local governments to place retained funds in an interest bearing
account for the benefit of the contractor when requested. The
City is opposed to this legislation which requires local govern-
ments to invest public funds on behalf of a contractor.
RESTRICTIONS ON USE OF LOCAL GOVERNMENT WORK FORCES
The issue of restricting the authority of local governing
bodies in the use of their own work forces and equipment to
- 12 -
construct public works projects has been before the General
Assembly for several years.
The City is able to document that substantial savings have
been realized on many projects by utilizing City forces, and,
additionally, construction projects can often be completed more
quickly. Furthermore, it is the responsibility of City Council,
which is directly responsible to the electorate, to decide on a
case-by-case basis the most effective means of accomplishing pub-
lic construction. Council is vigorously opposed to any legisla-
tion that would restrict its alternatives in carrying out public
works projects.
HAZARDOUS MATERIALS NOTIFICATION
The City supports House Bill 139, carried over from the 1986
Session, which requires any person responsible for the the
release of any hazardous material during its transport, or any
supervisor of a commercial establishment which emits any toxic
substance imposing an imminent health threat, to notify the
designated officer of the local jurisdiction in which the release
occurs within one-half hour of the discovery of such release.
COLLECTIVE BARGAINING
Any legislation authorizing collective
employees in general or for any public
be opposed.
bargaining for public
employee group should
Ail 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 made.
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