HomeMy Public PortalAbout039 Ltr on Unfunded MandatesCOUNCIL MEETING November 15, 2011
MOTION 2011 -039
I move to authorize the Mayor to send a letter to the Governor's Task Force for Local
Government Mandates
November 15, 2011,
Ms. Susan Williams
Commission on Local Government
600 East Main Street, Suite 300
Richmond, Virginia 23219
RE: Unfunded Mandates
Dear Ms. Williams:
As requested by Governor McDonnell's October 4, 2011 letter, the Town of Leesburg submits
the following mandates as potential candidates for elimination or modification:
Stormwater :Management Programs. Costs for the Town to revise its Stormwater
Management Master Plan to comply with the EPA's new Chesapeake Bay -wide TMDLs
are estimated to run into hundreds of thousands of dollars and construction costs to
implement the Master Plan will be millions of dollars. The issue for Towns that maintain
their own MS -4 permits is that the Counties are responsible for submitting TMDL data to
the State, not the Towns. Since Towns are not allowed to submit their own TMDL data,
we recommend. that the state legislation be amended to exclude Towns from management
ofTMDLs, as it is a County responsibility.
Environmental Impact Reports for Local Road Projects: Currently, environmental
impact reports are required for any local road projects with a cost of $500,000 or more.
This cost threshold should be revised to reflect increased construction costs. We
recommend that the cost threshold for the requirement of these reports be raised to $2
million.
Life Cycle Estimates for Capital Improvement Projects: Currently, localities are
required to include life cycle estimates for projects in their Capital Improvement
Programs. We recommend that roadways and storm water facilities be excluded from
this requirement. The life cycles of these facilities are very difficult to determine as they
are dependent upon regular maintenance, and should be addressed through annual budget
allocations to maintenance activities.
4. Urban Development Areas: Currently, certain localities are required to designate Urban
Development Areas in their Comprehensive Plans. However, the criteria used to
Ms. Susan Williams
November 15, 2011
Page 2 of 2
determine which localities must comply with the requirement are based on past growth,
rather than potential for future growth. We recommend that localities that have an
existing population density of 2,500 people per square mile for that have reached 85%
build -out of developable land be exempt from the requirement to designate Urban
Development Areas in their Comprehensive Plans.
VDOT Approval of Red Light Camera Sites. Currently, localities are required to
submit a list of specific intersections for VDOT approval prior to the initiation of a red
light camera program. Jurisdictions should be allowed to determine locations of red light
cameras within their boundaries.
6. Restrictions on Use of Forfeiture Funds. Currently, forfeiture funds cannot be used for
personnel costs, such as gang task force staffing. In addition, unless narcotic - related, all
proceeds from seizures go to the Virginia Library Fund. These funds should be available
to localities to help offset the costs of local crime prevention and enforcement programs.
7. Funding of Indigent Representation. We recommend that the cost of providing
indigent representation should be funded from collected court costs rather than fines
imposed.
8. Local Ordinance Fines and Fees. The Auditor of Public Accounts has identified the
fines and fees collected from the enforcement of local ordinances that parallel state
statutes as a potential source of new state funding. The state already collects these fines
and fees and remits them to the localities, less some amount for processing costs. If the
state keeps these fines and fees, localities will be forced to repeal their local ordinances
and then local enforcement of state statutes will become an unfunded mandate. We
recommend that the state allow localities to retain these fines and fees in their entirety.
Costs imposed by the Courts should be retained by the Courts.
If you have any questions about these recommendations, please contact John Wells, the Leesburg
Town Manager, at 703 -771 -2700 or 'wells leesburgva.f4o_v.
Very sincerely yours,
Kristen C. Umstattd
Mayor
cc: Mayor and Council
John Wells, Town Manager
Jeanette Irby, Town Attorney
Betsy Fields, Research & Communication Manager