Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, September 11, 1993 TAG: 9309110085
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: JOEL TURNER STAFF WRITER
DATELINE: LENGTH: Medium
Without a change in state law, Roanoke is barred from altering its boundaries or status as an independent city, he said Friday.
The city needs the General Assembly's approval to Dibling revert to a town, surrender its charter or regain the power of annexation.
Reversion to town status would seem to be the alternative more likely to be approved by the state legislature, he said, but there would still be strong opposition to such a move.
Del. Richard Cranwell, D-Vinton, has already hinted strongly he would fight any effort by the city to revert to a town and become part of Roanoke County.
Because county voters made it clear three years ago they oppose city-county consolidation, Cranwell said he would be reluctant to support any move to change the status of the city and county.
This week, Cranwell promised, however, to work for more state aid for Roanoke and other central cities to address urban problems.
In a report to City Council on the legal issues surrounding a possible change in the city's status, Dibling said town status might have viability because a few state legislators have begun to question the wisdom of Virginia's system of independent cities.
The Grayson Commission recommended that cities with a population of 125,000 or less be encouraged to revert to town status or a dependent city similar to a town. The proposal was defeated by the legislature, but state law does permit cities of 50,000 or less to revert to a town.
If Roanoke became a town, it apparently would have the power of annexation unless the courts overseeing the change in status barred it.
If the city became a town, Roanoke County would have to provide schools and some other services for it.
County officials have said, however, they don't take the city's threats to give up its charter seriously.
Only one city, South Boston, has tried to revert to a town. A three-judge panel approved the transition, but it barred the new town from annexation for 15 years.
South Boston, which acknowledged that it wanted to annex parts of Halifax County, has appealed the panel's ruling to the Virginia Supreme Court. A decision is expected this fall.
"Reversion to town status would represent a fundamental change in governmental structure and should not be considered without ample opportunity for public participation in the decision-making process," Dibling said.
By reverting to a town, the city would replicate the national model for urban local government, he said, because cities in every state except Virginia resemble towns.
Dibling's report was prepared in response to Mayor David Bowers' request for a legal opinion on several issues, including the question of whether the city could surrender its charter.
Bowers could not be reached for comment Friday, but he is working with the mayors of several cities to begin a lobbying campaign for more state aid.
Councilman James Harvey said the General Assembly can no longer ignore the plight of cities.
Dibling said there is no provision in state law to allow a city to surrender its charter and to be absorbed into the surrounding county.
The General Assembly has established a procedure for the dissolution of a town, including a referendum of the town's voters, but there is none for cities.
Roanoke lost its right of annexation in 1979 when the legislature approved bills that provided annexation immunity to Roanoke County and eight other suburban counties. As part of the compromise, more state aid was supposed to have been provided to central cities.
But the cities got shortchanged because the legislature failed to provi de enough money to adequately a ddress their problems, Dibling said.
In addition, the legislature might have taken the wrong turn on the annexation issue, he said.
David Rusk, a national expert on cities, says cities in states with liberal annexation laws are healthier than those in Virginia and other states where cities have been trapped within their limits.
Dibling said the deterioration of Roanoke and other central cities is a threat to the economic health of the state. "Even the health of affluent suburbs is threatened when they surround a deteriorating center," he said.
He said the issue won't go away and must ultimately be addressed in a comprehensive manner by the General Assembly.
In the meantime, Dibling said, the state could consider special compensation for cities and require local governments to share the regional costs for such services as public housing.
Speaking to the Governor's Advisory Commission on Revitalizing Virginia's Urban Areas on Thursday night before Dibling's report was released, Cranwell agreed that more money is needed to reduce poverty, crime and other problems in Roanoke and other central cities.
by CNB