Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, July 24, 1993 TAG: 9307240183
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: JOEL TURNER STAFF WRITER
DATELINE: LENGTH: Medium
Despite strong opposition by county political leaders, Bowers intends to pursue his campaign to revive the merger issue.
He apparently is serious about the idea of the city surrendering its charter and becoming a town, a first step in merging the city and county.
Bowers has asked City Attorney Wilburn Dibling for a legal opinion on the steps that would be required for the city to revert to town status. He wants the opinion by Sept. 1.
Giving up the city's charter would be a "drastic move," Bowers said, but it would be a way for city voters to become part of the county and then insist on consolidation.
Bowers' request for the legal opinion came in a letter that was written before he left on a trip to Russia, but it was not released until Friday.
When he returns from Russia, Bowers said he will make specific suggestions on how city and county residents can discuss the merger issue.
A change in state law apparently would be required for Roanoke to become a town.
State law provides a mechanism for cities with fewer than 50,000 residents to give up their charters and revert to town status. But there is no provision for larger cities to do that, according to Ted McCormack, assistant director of the state Commission on Local Government.
There is only one case in Virginia where a city has tried to revert to a town and become part of a county.
South Boston has relinquished its charter and sought to become a town in Halifax County. But that case is still on appeal to the Virginia Supreme Court because the localities did not like the terms and conditions that were set by a lower court.
Bowers also wants Dibling's opinion on how the city can regain the right to annex.
Roanoke is barred from expanding its boundaries because Roanoke County is immune from annexation under a 14-year-old state law that exempts major suburban counties from annexation.
If consolidation is not approved, Bowers has said, the city needs the right to annex so it can grow and expand its tax base.
In Virginia, cities and counties are separate, each with its own tax base.
The last time the city annexed was in 1976, when it acquired nearly 16 square miles and 15,000 people.
Del. Richard Cranwell, D-Roanoke County, was one of the architects of the state ban on annexation, and he has vowed to use his influence to defeat any effort to lift it.
County officials are angry that Bowers proposed consolidation and lifting the annexation ban without talking with them.
County voters rejected consolidation by a 7-3 margin two years ago, but Bowers believes the vote would be closer now.
"Notwithstanding the outspoken critics of the [merger] proposal, I'm still convinced that the citizens know the time is right [for it]," Bowers said in his letter to council members.
"I'm confident that the proposal would pass in Roanoke County if the referendum were held today," he said.
City voters approved consolidation by a 2-1 margin.
Bowers has also asked the city attorney for advice on what, if anything, the city can do to deal with mandates imposed on localities by the General Assembly or state officials without providing the funds to help pay for them.
City officials have complained that many mandates on the levels and types of services are burdensome and expensive.
by CNB