Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 15, 1990 TAG: 9003152078
SECTION: VIRGINIA PAGE: B1 EDITION: FINAL
SOURCE: JOEL TURNER and MARK LAYMAN STAFF WRITERS
DATELINE: LENGTH: Long
"You are not just talking about petitioning the judges to let you make changes - you would need the General Assembly's approval for some things," Musser said.
The consolidation plan was given to the Roanoke and Roanoke County Circuit Court judges last week. They were asked to set a November referendum on it.
Musser said he doubts that City Council will agree to make the changes requested by three supervisors - Dick Robers, Lee Eddy and Steve McGraw.
The charter for the proposed consolidated government calls for a nine-member school board.
The three supervisors want a school board with an equal number of members with a court-appointed tie breaker.
Musser, one of the city's negotiators, said the city pressed for an 11-member board during the negotiations, but the county's negotiators would agree only to a nine-member board.
The city wanted nine board members chosen by districts and two selected at large, but the county wanted only nine members elected by districts.
Musser said the city and county might be able to ask Gov. Douglas Wilder to seek changes in the consolidated government charter, which was approved during the legislative session that ended last week, when the legislature meets in April to decide if it will override vetos by Wilder on any legislation.
Musser said this would apparently be the only way to seek a change in the charter before next year.
In order to allow the residents in the east county area to vote on becoming a part of Vinton as the three supervisors have proposed, Musser said the city and county would need to seek special legislation by the General Assembly.
"I would think that would require special legislation, just as we had to get special legislation to allow for a second vote in the Glenvar area," he said.
Musser said he thought it was too late for the city and county to try to renegotiate the agreement.
"They have waited too late to seek changes. If they had wanted changes, why didn't they bring it up in January before we finished work on the plan," Musser said.
Supervisor Bob Johnson said Tuesday that he doubted City Council would go along with changes in the city-county consolidation plan suggested by a divided Board of Supervisors.
And if it does, "you'd better hold on to your hats," because the city surely will come up with its own list of changes, he said.
Musser said today that the city would probably seek changes if the negotiations were reopened, but he said he doubts that council will agree to reopen the talks.
Johnson, who was the county's chief consolidation negotiator, raised objections to each of the changes suggested by Robers, McGraw and Eddy.
But he was voted down, 3-1.
Supervisor Harry Nickens, who had said he didn't like the suggested changes either, arrived late and missed the vote.
Robers will send a letter to Roanoke Mayor Noel Taylor outlining the changes and asking for City Council's approval.
The changes are simply an effort to make the plan more acceptable to Roanoke County voters, Robers said.
Johnson said he doubted any county residents would be swayed by the changes. But he was resigned to the outcome of Tuesday's vote. "It's obvious you three have got together; you each have your wish list," he told Robers, McGraw and Eddy.
The changes the county is suggesting are:
That the school board of the consolidated Roanoke Metropolitan Government have an equal number of representatives from the former city and the former county, with a court-appointed tie-breaker.
Under the current plan, the school board would have nine members - five from the city and four from the county. Because of that, some county residents fear the school board would be dominated by the city.
Johnson questioned whether equal representation on the school board would be legal, because the county has only three-fourths the population of the city.
As for the suggestion of a tie-breaker, he said, "I can't believe we'd even consider that."
That residents of Mason Cove, Bennett Springs and the Catawba Valley be given the chance to become part of Salem if the consolidation plan is approved. Now, only residents who live west of Virginia 311, between Fort Lewis Mountain and Poor Mountain, would get that chance, and only if a financial settlement with Salem is approved.
The majority on the board also wants residents of subdivisions along Virginia 24 and Hardy Road in East Roanoke County to get the chance to vote on whether to become part of the town of Vinton if the plan is approved. Now, the plan allows Vinton to expand its boundary to include those subdivisions without a vote.
That current city-county boundary lines not be used for "urban" and "suburban" service districts in the consolidated government.
That change has been pushed by Eddy, who has said that using the current city-county boundary lines would perpetuate "the old `us versus them' mentality."
But Johnson pointed out that former county residents in the suburban district would pay a lower real estate tax rate than they do now - and a lower tax rate than former city residents in the urban district. Yet they would get virtually the same public services.
"You win some battles in negotiating and you lose some" - and that was the county's biggest win, he said.
Any changes to the plan would have to be approved by both City Council and the Board of Supervisors.
The supervisors voted 4-1, with McGraw dissenting, against suggesting that the plan be sent to the state Commission on Local Government for its review. The commission works with localities to settle boundary disputes and makes recommendations to courts in annexation cases.
County Attorney Paul Mahoney said the plan apparently doesn't need the commission's approval.
But McGraw wants it to go to the commission so residents will have one more chance to suggest changes.
Eddy and Robers said they might go along with the suggestion after they see what action City Council takes on the changes suggested by the county.
But Johnson said there was no point in further delay. "Both sides are ready to vote" on the plan, he said.
by CNB