2017 Legislative Program

Transcription

Loudoun CountyBoard of Supervisors2017LegislativeProgramLoudoun County Board of SupervisorsPhyllis J. Randall, ChairmanRalph M. Buona, Vice Chairman, Ashburn DistrictSuzanne M. Volpe, Algonkian DistrictRon A. Meyer, Broad Run DistrictTony R. Buffington, Blue Ridge DistrictGeary M. Higgins, Catoctin DistrictMatthew F. Letourneau, Dulles DistrictKristen C. Umstattd, Leesburg DistrictKoran T. Saines, Sterling District

2017 Legislative ProgramAdopted October 12, 2016Revised November 1, 2016Table of ContentsLOUDOUN COUNTY FACTS.2PRIORITY STATEMENTS .3Transportation .3Land Use .4Taxing Authority.4State Funding .4PRIORITY INITIATIVES .4POLICY STATEMENTS.5Broadband .5Economic Development .5Education .5Elections .6Employment and Benefits .6General Government .7Health and Human Services .7Land Use, Zoning, and Property Maintenance .8Predatory Lending.9Public Safety .9Stormwater Management .9Tax and Revenue.9Transportation .10Transportation Funding .11Loudoun County Board of Supervisors 2017 Legislative Program1

Loudoun County FactsLoudoun County was a part of the five million acre Northern Neck of Virginia Proprietary granted by KingCharles II of England to seven noblemen in 1649. The Town of Leesburg, named after one of the signers of theDeclaration of Independence, has continuously served as the County Seat since 1757. Loudoun Countyencompasses a 520 square mile area on the rolling Piedmont section of Northern Virginia and is bordered by theBlue Ridge Mountains on the northwest and the Potomac River on the northeast. It is 25 miles northwest ofWashington D.C. and is one of the fastest growing counties in the Washington Metropolitan region and theCommonwealth of Virginia. Between 2010 and 2015, Loudoun was the 20th fastest growing county in the nationand ranked #1 fastest growing in the Commonwealth of Virginia. The County is home to several of the nation'sleading technology-oriented businesses such as Verizon Business, Raytheon, NeuStar, Digital Realty Trust,Equinix, Orbital ATK, M.C. Dean, and the Howard Hughes Medical Institute Research Campus at Janelia Farm.Population – 2016 estimate2010 Census2000 CensusPopulation growth 2000-2016Population – 2020 forecastDensity (persons per square mile) - 2016 estimateMedian Age – 2015Student population - September 2015September 2000Student population growth 2000 – 2015Student population forecast – September 2020Bond ratingsFitchMoody’sStandard & Poor’sTotal householdsHousehold size average – 2010 CensusReal property tax rate – FY 2017Machinery and tools tax rate – CY 2016Commercial & industrial (% of total base) 2016 estimateAssessed value of taxable real property – 2016 estimatePersonal property tax rate – FY 2017State reimbursement for personal property taxesAssessed value of personal property – 2016 estimateFY 2017 Adopted School System operating budgetFY 2017 Adopted General Government operating budgetSchool System employees – FY 2017 adoptedGeneral Government employees – FY 2017 adoptedAdopted Capital Improvement Program (FY 2017-FY2022)% of 6-Yr CIP total expenditures debt financedFY 2016 Debt service expenditures*FY 2016 Debt per capita*FY 2016 Debt to estimated value of taxable real property*FY 2016 Debt to per capita income*FY 2016 Debt service to governmental fund* expenditures*SchoolsVoting precincts – September 2016Registered voters – September 2016Local electoral districts (includes at-large)373,694312,311169,599120%414,70071935.7 years76,26333,864125%84,529AAAAaaAAA104,583 (2010) 124,250 (2016 estimate)2.98 (Loudoun) 2.64 (DC MSA) 2.54 1.145 per 100 2.75 per 10018% 72.9 billion 4.20 per 100 48.1 million 7.3 billion 1,061 million 475.2 million10,6403,821 1.796 billion54% 177.8 million 3,3001.69%4.23%7.61%84 (2013) 89 (2016)93232,3159*Based on unaudited numbers and subject to changeLoudoun County Board of Supervisors 2017 Legislative Program2

PRIORITY STATEMENTSThe following areas are the Board of Supervisors’overarching priorities for 2017 related totransportation, land use, taxing authority, andstate funding.TransportationThe County supportsincreased state intenance, includingprovidingadequatefunding to pave highervolume dirt roads andsafely maintain ruralroads. The continuedeconomic vitality of the region and the quality oflife of its citizens require greater State investmentin transportation infrastructure, and existingrevenue sources are no longer adequate to keeppace with the County’s transportation needs.Continued State neglect of our transportationsystem imposes a tax on our citizens in the formof time wasted sitting in congestion and longercommutes, and it serves as a disincentive forbusinesses to locate or expand in the area.Further, current toll prices and practices affiliatedwith the Dulles Greenway are discouraging use ofthe toll road, causing congestion on alternativeroutes within the local road network. The Boardsupports legislative measures and funding thatreduces costs for Greenway users and improvesthe road network that serves or will serve asalternatives to the Greenway.A priority statement reflecting the Board adoptedpriorities for Smart Scale Funding as adopted onSeptember 6, 2016, has been added to assist theCounty in focused efforts to secure funding forthe following projects.(NEW) 2017 Transportation PrioritiesWork with the Commonwealth TransportationBoard and the Virginia Department ofTransportation (VDOT) to optimize SMARTSCALE scores and State funding for the followingtransportation projects identified in priority order:1. Northstar Boulevard (Shreveport Drive toBraddock Road) – Roadway Construction2. Route 7/Battlefield Parkway Interchange3. Shellhorn Road (Loudoun CountyParkway to Moran Road) and SterlingBoulevard Extension (Pacific Boulevardto Randolph Drive)4. Prentice Road (Lockridge Road to ShellhornRoad)5. Arcola Boulevard (Route 50 to Route 606)6. Evergreen Mills Road (Northstar - LoudounCounty Parkway)7. Dulles West Boulevard (Loudoun CountyParkway to Northstar Boulevard)8. Hillsboro Traffic Calming and PedestrianSafety9. Westwind Drive (Loudoun County Parkwayto Route 606)10. Route 7/Route 690 Interchange11. Loudoun County Parkway (Shellhorn Roadto US Route 50)12. Waxpool/Loudoun County ParkwayIntersection13. Route 9/Route 287 Roundabout14. Route 7/Route 287 Interchange15. Farmwell Road (Smith Switch – AshburnRoad)16. Route 15 Bypass/Edwards Ferry Road17. Transit Buses18. Park and Ride Lots (2)19. Pacific Boulevard (VA Route 28 to Old OxRoad)20. Crosstrail Boulevard (Kincaid Boulevard toRussell Branch Parkway21. Waxpool/Smith Switch/FarmwellIntersection22. Lockridge Road (Old O Road to PrenticeDrive)23. Atlantic Boulevard – PedestrianImprovementsLoudoun County Board of Supervisors 2017 Legislative Program3

Land UseThe County supports maintaining its existingstatutory authority in the area of land use anddevelopment. The ability to adequately plan,zone, and enforce land use regulations isnecessary to maintain the quality of life in ourcommunities and an environment thatencourages business to invest in the County.The County is opposed to legislative measuresthat erode local land use authority.Taxing AuthorityThe County supports keeping its existing taxingauthority. Loudoun, like most localities, isheavily reliant on the real property tax to fundnecessary public operations, from schools andparks to public safety. Reducing or eliminatingthe few other local revenue streams, such asBPOL; or machinery and tools taxes, wouldonly put greater pressure on property ownersand the real estate tax.(NEW) 2017 Land Use and Taxing AuthorityPriorityShort Term Rentals (AirBnB) – Supportlegislation that preserves local land use andtaxation authority while requiring transparencyand efficient Transient Occupancy Tax (TOT)collections as it relates to the growing short termrentals industry.State FundingThe County supports theState living up to itsfinancial commitments inthe areas of publiceducation, public safety,and health and humanservices, and opposes stateimposed mandates on the County that areinadequately funded by the State. The Countyalso supports adequate and competitivecompensation for State supported employeeswhich is needed to retain quality employees inthe Northern Virginia area.(NEW) 2017 State Funding Priorities1. Support keeping the increased K-12 Statefunding provided in the 2017-2018 BiennialState Budget.2. Oppose State budget cuts that are passed onto the locality, and formulaic budgetchanges that could negatively impact theCounty.3. Support a budget amendment for anadditional 281 acre parcel envisioned to bepart of a future 1500 acre state park locatedin Northwest Loudoun along Harpers FerryRoad.LEGISLATIVE INITIATIVESThe following legislative initiatives have beenidentified by the Board of Supervisors for pursuitof specific State legislative actions, asappropriate.Cost of Competing – Seek and support the fullrestoration of the Northern Virginia cost ofcompeting funding for teachers and support staffin the state’s FY 2017-2018 biennial budget.2017 Priority Initiatives(NEW) Cap on the Accumulation of Leave forConstitutional Officers – Seek legislation toamend Virginia Code §15.2-1605 to allowConstitutional Officers to choose whether toadopt the codified leave benefit system orwhether to adopt the leave benefit systemavailable in their locality.(NEW) Modify the Competitive NegotiationProcess for Professional Services – Seeklegislation to amend the Virginia PublicProcurement Act of the Code of Virginia toprovide public bodies with a more time-efficientand value-driven procedure within thecompetitive negotiation process for professionalservices.Loudoun County Board of Supervisors 2017 Legislative Program4

(NEW) New State Traffic Infraction – Seeklegislation to create a new state traffic offense toallow law enforcement officers to charge driverswith traffic infractions where the level ofculpability does not warrant a charge of recklessdriving.(NEW) Governor’s Agriculture and ForestryIndustries Development (AFID) Fund –Support continued AFID grants for new orexpanded processing/value-added facilities andcontinue streamlining the process for applicationand receipt.(NEW) Public Hearing for the Conveyance ofUtility Easements as Part of TransportationProjects in a Locality’s Capital ImprovementProgram – Seek or support legislation to amendVirginia Code §15.2-1800 to eliminate the needto hold a public hearing for the conveyance ofutility easements as part of transportationprojects in a locality’s Capital ImprovementProgram (CIP).(NEW) Go Virginia Funding – Supportcontinued funding for regional Go Virginia grantsused to support private-sector growth and jobcreation through increased collaboration betweenbusinesses, education, and community leaders.(NEW) Toll Rates on the Dulles Greenway –Seek legislation that amends the powers andresponsibilities of the State CorporationCommission under Virginia Code §56-542 toregulate toll road operations.(NEW) Virginia Jobs Investment Program –Support State-level customized recruiting andtraining assistance to companies that are creatingnew jobs or experiencing technological change.POLICY STATEMENTSWashington Dulles International AirportSupport funding for operations at WashingtonDulles International Airport.(NEW) Technology Zones – Support County’sability to establish technology zones to encouragegrowth in targeted industries.The following policy statements address Statelegislative and policy issues of importance to theCounty.Broadband(NEW) Broadband and Cellular Coverage andAvailabilitySupport expanding affordablebroadband accessibility and cellular servicethroughout the Commonwealth, particularly inunderserved and rural areas while preserving localland use, permitting fees, and other localauthority.Economic Development(NEW) Commonwealth Opportunity Fund –Support the on-going replenishment of theCommonwealth Opportunity Fund. Considerindustry-specific criteria for minimum projectcapital investment, job creation, and wagerequirements (i.e. a new company maysignificantly exceed capital investment but lag onjob numbers due to the nature of the business).EducationExpansion of Full Day Kindergarten – Supportthe effort of theSchool Board toseek additionalstatefinancialsupport in orderto enable the County to accelerate the full phasein of full day kindergarten in Loudoun County ina fiscally responsible manner while limiting classsize increases.Increases to SOQ Funding – Support asignificant increase in State education funding sothat the State fully funds its share of the actualcosts of meeting the Standards of Quality (SOQ).Loudoun County Board of Supervisors 2017 Legislative Program5

Out-of-State Enrollment in State Institutionsof Higher Education – Support legislationrequiring the State’s institutions of highereducation to maintain undergraduate enrollmentratios of no greater than 25 percent out-of-statestudents. Further, support legislation to enforcesuch standard with financial or otherdisincentives.Relax Mandates – In the event of reductions toState general funding for public education,support relaxing State mandates and increasinglocal autonomy in order to give local schooldivisions the flexibility to efficiently targetresources where they are most needed.School Construction Support – Supportadditional new State revenues to assist localitiesto fund new school construction, renovation ofpublic school facilities, technology infrastructureand debt service.Teacher Pensions – Support legislation torequire the State to place its share of teacherpension liabilities on its financial statements.Year-End-Funds Appropriated to SchoolDivisions – Support existing state law that allyear-end funds appropriated to the SchoolDivisions by local governing bodies revert tothe locality, retaining discretion with thegoverning bodies to evaluate and approve thereallocations of year-end fund balances toaddress the capital or one-time expenditurerequirements of local school districts.Elections(NEW) Absentee by Mail Voting; AmendDeadline to Applyfor Ballot Supportlegislation to amendVirginia Code §24.2701.B-2 to modifythe current deadlinetosubmitanapplication for a ballot by mail from the seventhday prior to the election to the tenth day priorto the election in order to accommodatechanges in the United States Postal Servicedelivery schedule.Employment and BenefitsCollective Bargaining – Oppose any attempt bythe State or Federal government to imposecollective bargaining or stipulate grievanceprocedures for state and local employees.Line of Duty Benefits for Public SafetyPersonnel – The Appropriations Act of 2011transferred the cost of Line of Duty benefits t olocal governments. The County should supportefforts to revert the cost and administration of thislong time program back to the State. However,should localities continue to be required to paythese benefits, the County should support effortsto limit the amount of the benefit costs being paidout (e.g. reducing the costs of health benefits andthe mandates surrounding program design).Worker’s Compensation – Encourage andsupport a detailed review by the legislature ofthe current presumptions under the VirginiaWorkers’ Compensation Act and opposition toexpansion of the heart/lung/cancer presumptionor additional presumptions being added.Workers’ Compensation Medical Services FeeSchedule – Support a thorough analysis in thecreation of a fee schedule that will reduce costsfor the County and provide more uniformity andpredictability in the rates.Note: Legislation was passed during the 2016 sessionand the regulatory process is under way. The datathat is used to create the fee schedule has not yet beenselected. This will determine the amount of anyreduction in costs. An advisory group has beenidentified to work with the Commission on the creationof the fee schedule which is to be promulgated byJanuary 1, 2018 pursuant to HB 378 and SB 631.Additionally, the Commission recently voted to hire anactuarial firm to assist.Expanded Benefits – Oppose any legislationmandating new and/or expanded benefits onlocal governments that are not fully funded inperpetuity by the State, and oppose new orexpanded employment benefits for publicemployees and/or volunteers unless a localoption is provided.Loudoun County Board of Supervisors 2017 Legislative Program6

General GovernmentCoordination of State, County and CourtsHoliday Schedules – Support legislation toprovide for a uniform approach to holidays inVirginia where there is consistency between theCourts, the Governor and local governments.Dog and Cat License Fees – Support legislationamending State law to allow local cat/dog licensefees to be set at a “fair and reasonable” level bythe locality, instead of current law that limits thefee to no more than 10.00. Support amendmentsto State law to allow local treasurers to use aportion of the dog/cat license fees they collect togo towards the cost of processing andadministering those fees.Excess Court Fees – Support legislation thatreturns the majority of excess court fees formulaback to the original 1/3 for the Commonwealthand 2/3 for the locality. Support and/or seeklegislation that would make this change onlyapplicable to the 20th Judicial Circuit (in additionto the 31st Judicial Circuit, the only circuit thatwas exempted formula this state formula change).Governor’s Task Force for Local GovernmentMandate Review Recommendations – Supportthe recommendations of the Governor’s TaskForce for Local Government Mandate Review.(NEW) Increase Fees for the Legal ResourceCenter. Support legislation that amends VirginiaCode §42.1-70 to allow a governing body toincrease the assessment for civil actions filed inthe courts by 1 to pay for expenses related to alaw library.NewStateMandates&ShiftingResponsibility to Localities – Oppose any newState mandates that are not fully funded by theCommonwealth, and oppose the shifting of fiscalresponsibility from the state to localities forexisting programs.Retention of Election Ballots – Supportlegislation to authorize Circuit Court Clerks toretain paper election ballots for the first sixmonths following an election and continue toretain digital images of election ballots for theremaining 18 months.(NEW) Statewide Dog Licensing Model Support the existing authority of localities toadminister their own companion animal licensingprograms and oppose any legislation that wouldlimit that authority.Health and Human ServicesChildren Services Act – Support S tatefunding and certain programmatic changes,including but not limited to: Support the State maintaining the sumsufficiency provisions in Virginia Code § 2.25211 relating to the General Assembly’sobligation to fund special education andfoster care services and to meet relevantfederal mandates for the provision of theseservices.Support adequate State funding to cover bothmandated and court-ordered non-mandatedplacement of children.Support an update to the 1996 benchmarkcurrently utilized to determine the amount ofadministrative funds allocated to cover localcosts associated with administering theChildren’s Services Act (CSA).Support legislation that allows foster careyouth to be eligible for the full array of fostercare services under CSA until they turn 21.The State should fully fund localities forState mandated human services, including theCSA, and should provide program flexibilityso that localities can provide comprehensiveand case-tailored services.Oppose changes to CSA law, regulation orpolices that bypass the Family AssistantPlanning Team and Community Policy andManagement Team role in determiningappropriate Residential Treatment Facilityplacements for which CSA funds will besought.(NEW) Decrease Incarceration Rates forMentally Ill Populations – Support additionalfunding, resources, or legislative changes thatLoudoun County Board of Supervisors 2017 Legislative Program7

decrease incarceration rates for mentally illpopulations.Doctor Protections for Long-Term AntibioticTherapy – Support legislation that allows alicensed physician to prescribe, administer, ordispense long-term antibiotic therapy to a patientdiagnosed with Lyme disease and also specifiesthat the Board of Medicine shall not initiate adisciplinary action against a licensed physiciansolely for prescribing, administering, ordispensing long-term antibiotic therapy to apatient clinically diagnosed with Lyme disease,provided such clinical diagnosis and treatmenthas been documented in the patient’s medicalrecord by such licensed physician.Governor’s Task Force on Lyme DiseaseContinuetosupportStateadministrative, budget or legislativeaction necessary for implementationof the recommendations of theGovernor’s Task Force on LymeDisease except in areas where they becomeunfunded mandates on localities.Note: Item 85 in Chapter 665 of the 2015 VirginiaActs of the Assembly directs the Secretary ofAgriculture and Forestry to report to the Chairmen ofthe House Appropriations and Senate FinanceCommittees the findings of a task force assembled toaddress certain discrete issues related to Lymedisease “point of disease” prevention strategies(“Task Force”). The Task Force’s mandate is toconduct the following: 1) Identify areas in Virginiawith the highest prevalence of Lyme disease. Inthe event that a “point of disease” preventionstrategy is adopted, the legislation contemplates thatthese identified areas would serve as implementationsites; 2) Determine estimated costs of implementing a“point of disease” prevention program in theidentified areas; and 3) Identify sources of revenue tofund a “point of disease” prevention program.Specifically, the Task Force was directed to reviewpotential federal grants, local funding, privatefoundations, and state sources.State Income Tax Credits for Accessible UnitsSupport increasing the total amount of Stateincome tax credits granted for the Livable HomeTax Credit program in any given fiscal year from 1 million to 2 million and increase the totalamount of State income tax credits madeavailable through the program allocated for thepurchase or construction of new residences from 500,000 to 1 million and funds allocated forretrofitting or renovation of existing residencesfrom 500,000 to 1 million.Land Use, Zoning, and PropertyMaintenanceAlternative Onsite Sewage Systems – Opposelegislation that further restricts local authority inthis area.Conditional Zoning (Cash and In-KindProffers) – Support existing local authority toaccept cash and in-kind proffers from developersto assist localities in financing the capitalfacilities and infrastructure needed to serve newdevelopment and oppose legislation to eliminateor restrict that authority.Connection Fees – Support the existing authorityof localities or locally created authorities toimpose connection fees and rates adequate tosupport the full cost of water, wastewater andstormwater utility systems, and oppose anylegislation that would limit that authority.Erosion and Sediment Control/StormwaterManagement – Oppose legislation that reducesor eliminates local authority in the areas oferosion and sediment control and stormwatermanagement.Impact Fees – Oppose any proposal for replacingproffers with development impact fees, if such achange would diminish the amount of suchcapital assistance received by localities.Local Authority Enhancement – Support,generally, the granting of additional land use,zoning and property maintenance authority tolocalities, especially in areas experiencing highrates of sustained growth, and as a means toaddress the fiscal burdens experienced bylocalities in providing needed public services tolocal residents.Loudoun County Board of Supervisors 2017 Legislative Program8

(NEW) Onsite Sewage Disposal Systems –Oppose legislation that limits the ability oflocalities to create or enforce local ordinances orfees established to best meet the needs of theirjurisdictions in the area of onsite sewage disposalsystems.Payments in Lieu of Facility Contributions –Support any and all legislation to allocate stalecash contributions made by developers in lieu ofimprovements otherwise required by ordinances.Phase II Watershed ImplementationPlan/State Funding for Agricultural BesManagement Practices and other CostSharing Programs – Support efforts to increaseState appropriations for cost-sharing programs,including but not limited to the Virginia NaturalResources Commitment Fund (VNRCF). TheVNRCF supports Virginia Agricultural CostShare(Cost-Share)programsincludinginstallation of cost-effective best managementpractices that are necessary to meet Phase IIWatershed Implementation Plan local pollutionreduction goals.Undergrounding Electric Distribution, or“Feeder” Lines – Support legislation whichincreases and/or promotes the number ofunderground electric distribution, or “feeder”lines in addition to the pilot programs for longrange transmission lines.Predatory LendingSupport legislation strictly prohibiting anddeterring all predatory, usurious lendingpractices, including but not limited to provisionsthat would: Impose an interest rate cap of thirty-sixpercent, calculated as an effective annualpercentage rate including all fees or chargesof any kind, for any consumer creditextended in the Commonwealth of Virginia;andProhibit a creditor’s use of a personal checkor other device as a means, directly orindirectly, to gain access to a consumer’sbank account; and incorporate into theVirginia Code the protections to gain accessto a consumer’s bank account and incorporateinto the Virginia Code the protectionsregarding consumer credit to militarypersonnel as reflected in the Military LendingAct, 10 United States Code Section 987.Public SafetyFireSprinklersinNewResidentialConstruction – Support action by the Board ofHousing and Community Development and/orenabling legislation by the Virginia GeneralAssembly to enablelocal governing bodiesthe ability to selfdeterminetheappropriate regulationsor codified ordinances for residential sprinklerrequirements for their localities.(NEW) Statewide Fire Prevention CodeOppose any action by the Board of Housing andCommunity Development or the GeneralAssembly to approve or enact any edits or rewrites to the Statewide Fire Prevention Code orany other law or regulation which could reduce oreliminate local fire prevention requirements.Stormwater ManagementReduce State Share of Permit Fee – Support areduction in the Commonwealth of Virginia’scurrent 28 percent portion of the StormwaterManagement Programs permit fee, since theCounty, not the State, is predominantlyadministering the program locally.Tax and RevenueMachinery and Tools/Business, ProfessionalOccupational License Taxes – The State shouldnot eliminate these local revenue sources, unlessthe General Assembly provides replacementsources of revenue for localities. In LoudounCounty alone, Business, Professional andOccupational License (BPOL) receipts were 31.7 million and M&T receipts were 1.1million in FY 2016. Estimates for FY 2017 are 33.6 million (BPOL) and 1.19 million (M&T).Loudoun County Board of Supervisors 2017 Legislative Program9

This revenue should not be unilaterallyeliminated - especially when the State is reducingits funding commitments to public education,human services, and other State responsible, butlocally administered programs. Eliminating theselocal sources of revenue simply puts even morepressure on property owners through the localreal estate tax, especially if counties are nevergiven the ability to diversify their revenue baselike municipalities can.(NEW) Meals Tax– Loudoun County does notsupport

- FY 2017 1.145 per 100 Real property tax rate s tax rate - CY 2016 2.75 per 100 Machinery and tool Commercial & industrial (% of total base) 2016 estimate 18% Assessed value of taxable real property - 2016 estimate 72.9 billion Personal property tax rate - FY 2017 4.20 per 100 State reimbursement for personal property taxes