eNews

 

In this issue

• VML’s FOIA/COIA/Public Records Act guide available
• Committee looks at possible alternate funding formulae for CSBs
• Delegate raises possibility of “repurposing” VJCCCA funds
• What does that state revenue surplus portend?
• Housing Commission workgroup tables landscape cover
• Localities urged to comment on annexation study
• Racing Commission takes public comment
• COIA council reports filing statistics
• Workshops scheduled on mixed-income communities, affordable housing
• VRS updates employer manual, GASB information to be mailed soon
• Supreme Court changes analyzed
• Applications open for serving on VML’s Executive Committee
• 2018 Innovation Awards deadline is Aug. 13
• Stairway to Success, Green Government Challenge application deadlines fast approaching
• Handmade ornaments sought for 2018 Executive Mansion’s holiday tree

 

FOIA/COIA/Public Records Act guide available

VML has released its 2018 guide to the Freedom of Information Act, Conflict of Interests Act, and Public Records Act.

Copies of the document were distributed at the recent Institute for Local Officials and is available for download here.

The guide is designed to help local government officials understand their responsibilities of these three acts, each of which require that local officials read and familiarize themselves with the laws.

The guide explains the laws in non-legal terms as much as possible. Updates, including changes in the law made by the 2018 General Assembly, were written by Danielle Powell, Esq., Hefty Wiley & Gore P.C.

 

Committee looks at possible alternate funding formulae for CSBs

How other states (and their local governments) organize and fund community based behavioral health services, and how Virginia’s own public health and social services systems are organized and funded were topics addressed before a workgroup of the Joint Subcommittee on Mental Health in the 21^st Century, which met at the Southwestern Virginia Mental Health Institute on Aug. 7.

The Subcommittee has been studying the state’s publicly-funded behavioral health system for a number of years. This year, the Subcommittee has moved its meetings around the state to the various state mental health hospitals to allow members to tour the facilities.

Besides the hospitals, the Subcommittee has focused on how services in the community are organized and funding, primarily through the Community Services Boards (CSBs). They have also focused on mental health services in local and regional jails.

The full Subcommittee got a briefing on mental health standards for local and regional jails from Behavioral Health and Developmental Services Assistant Commissioner Michael Schaefer. The Department developed a workgroup that includes regional jail administrators, sheriffs, CSB representatives, state agency representatives (Corrections, Compensation Board, and Criminal Justice Services), and advocates. The workgroup met throughout the spring and summer to come up with ways to address the challenges to treating inmates with mental health issues due to inconsistent practices and availability of services.

Schaefer pointed out that local governments furnish 76 percent of the funding for behavioral healthcare services in jail, and only six percent comes from the state. He discussed the minimum standards that the workgroup is developing to ensure uniform procedures for access to care, communications of patient needs, training for correctional officers, screenings, assessment, emergency services, and discharge planning.

VML contact: Janet Areson jareson@vml.org

 

Delegate raises possibility of “repurposing” VJCCCA funds

Delegate Chris Peace raised the possibility of “repurposing” existing funds under the Virginia Juvenile Community Crime Control Act (VJCCCA) to support preemptive intervention for students who could potentially pose threats to schools at the July 12^th meeting of a House select subcommittee on school safety. While Peace described the plan as “no-cost,” it could potentially stretch the existing funding stream for services statewide targeting youth who come to the attention of the courts.

Peace is the chair of the Subcommittee on Prevention and Response Protocol of the full House Select Committee on School Safety. The subcommittee also heard testimony from the Virginia Association of Sheriffs, the Virginia Fire Prevention Association, the Virginia Association of Chiefs of Police and New Kent County Schools. Representatives placed particular emphasis on the need for increased state support for capital improvements and mental health staff, recommendations which were also heard at preceding day’s meeting of the full committee.

On July 20^th, the Subcommittee on Infrastructure and Security heard from a variety of security industry representatives, as well as staff from the Virginia Department of General Services and the Virginia State Police. Chaired by Del. Nick Rush, the subcommittee reviewed existing services and products in use both in Virginia and across the country, with a focus on mobile technology.

The Subcommittee on Student Behaviors and Interventions met July 24^th at a meeting hosted by the University of Virginia Law School to receive presentations from faculty of both the Curry School of Education and Virginia Tech. Professors Dewey Cornell, Gerard Lawson and Laura Welfare stressed the importance of school prevention via increased student supports, highlighting the need for teacher and staff training in areas like trauma-informed care, classroom management and the role of school safety and resource officers beyond law enforcement. Each of these, they argued, will contribute to more equitable treatment of students of color and students with disabilities, and to increases in overall student success.

Upcoming Meetings, House Select Committee on School Safety:

• Friday, August 17: Subcommittee on Infrastructure and Security (Richmond)
• Tuesday, August 21: Subcommittee on Prevention and Response Protocol (Richmond)
• Tuesday, August 28: Subcommittee on Student Behaviors and Interventions (Weyers Cave)

VML contact: Jessica Ackerman, jackerman@vml.org

 

What does that state revenue surplus portend?

Gov. Ralph Northam announced last month a whopping revenue surplus of more than a half-billion dollars ($551.9 million). Total revenue collections jumped by 6.3 percent in fiscal year 2018, ahead of the official revenue forecast of 3.4 percent growth.

What, if anything, does this mean for fiscal years 2019 and 2020? Will last fiscal year’s strong finish push Northam and the General Assembly to open the spending spigot or opt for a tax relief package in the next legislative session? Or, will state decisionmakers stand pat, waiting for more information before acting?

Virginia’s revenue surplus was driven by growth in payroll withholding and non-withholding income tax collections. The increase in payroll withholding was 5.4 percent, which was almost 2.0 percent greater than the official forecast. Virginia employment rose 1.1 percent from June 2017 to June 2018 with Education and Health Services adding 9,100 jobs; Leisure and Hospitality adding 7,800 jobs; Trade, Transportation and Utilities adding 7,600 jobs; Professional and Business Services adding 6,600 jobs; and Construction adding 6,300 jobs. (The Government Sector lost 5,500 jobs.) The growth in payroll taxes translated into $227.2 million above the forecast, but half of the amount is attributable to quirks in the number of deposit days at the end of the fiscal year and business tax payers submitting their payments early.

The real oomph behind the surplus was in non-withholding income tax collections. The 15.1 percent revenue growth far exceeded the forecasted 4.3 percent increase. (Non-withholding includes payments on capital gains, dividends, partnerships, and interest income. State officials consider this a volatile revenue source subject to swings in taxpayer behavior and changes to the federal tax code.)

Virginia’s revenue surplus was not unusual. According to a survey done by the National Association of State Budget Offices (NASBO), most states saw stronger revenue growth led by high income tax payments from non-withholding income sources. Some 39 states saw fiscal 2018 revenues above projections as the national economy continues to chug along.

What happens next? The governor and General Assembly decided during the Special Session that any excess cash from FY18 will be deposited into the Revenue Stabilization Fund (“Rainy Day” Fund) and the newly-created Revenue Reserve Fund to buffer state finances in case of a general fund revenue shortfall. (Deposits will also be made into the Water Quality Improvement Fund as required by state law.) Pumping the cash into reserve accounts bolsters the state’s AAA bond-rating status, providing greater comfort to Wall Street bond-raters.

As to the question about the impact of the surplus on the next legislative session, the surplus will not “rollover” into FY 2019 for new spending. And, it’s unlikely that the Northam Administration will make significant changes to the official revenue forecast for the 2018-2020 biennium based on the surplus. Because so much of the surplus is tied to non-withholding revenues, state officials will likely be governed by caution and not want to gamble balancing the budget on another year of stellar non-withholding tax collections.

In any case, Gov. Northam will officially reveal his plans for the surplus on August 17 when he addresses the House Finance, House Appropriations, and Senate Finance Committees. Stay tuned.

VML contact: Neal Menkes, nmenkes@vml.org

 

Housing Commission workgroup tables landscape cover

The Housing Commission’s Workgroup on Affordable Housing, Real Estate Law and Mortgages on Aug. 7 issued a standing recommendation to the Virginia Housing Commission that House Bill 1595, regarding vested rights around the use of landscape cover, be tabled. If the full commission accepts the recommendation, that would mean that mulch would not be a discussion item for this year.

The action follows a more than two-year battle between state legislators, local officials and fire safety experts over the ability of localities to regulate the use of combustible land cover near buildings with flammable siding, ending this past May with a veto by Governor Northam of HB1595 and SB972. Localities including the City of Harrisonburg and the Counties of Loudoun and York have stressed the need for flexibility to implement additional fire safety precautions, particularly around high-occupancy residences. With the veto of HB1595/SB972, localities may continue to pass and enforce “mulch ordinances” as needed.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

Localities urged to comment on annexation study

The Commission on Local Government will hold its final public hearing on the Annexation Study in Staunton on September 4^th (2:00 pm, Central Shenandoah Planning District Commission Board Room 112, Mactanly Place). Written comments will be taken until September 3^rd and should be sent to david.conmy@dhcd.virginia.gov.

VML’s Policy Statement says that “The Virginia Municipal League supports the General Assembly’s provision of financial incentives to promote consolidation of local government services and cooperative agreements among local governments.”

We recognize that our members have diverse views on annexation, consolidation and reversion and that it is an incredibly complex topic. What we all may agree upon is this: the status quo isn’t working.

The draft report identifies 9 matters for consideration:

1. Modify reversion and consolidation statutes to remove obstacles.
2. Make reversion and consolidation more cost-effective through incentives.
3. Grant additional powers to counties through reversion and other interlocal agreements
4. Evaluate mandated service delivery methods to identify appropriate service level.
5. Relax the requirements for the establishment of joint authorities and special districts.
6. Provide planning grants to explore interlocal agreements and other operational efficiencies.
7. Evaluate adequacy of local fiscal resources to identify enhancements.
8. Create or expand programs to reduce local fiscal stress.
9. Incentivize additional regional cooperation and regional programs.

The draft report also includes a good summary of the history of the evolution of the system of independent cities. Cities have traditionally been the economic engines of their areas; however, with increased urban sprawl over time, their ability to grow and be successful has been stymied. One local manager pointed out that as the State has expanded its presence with more buildings that are exempt from real estate taxation the fiscal stress for localities increases and places a significant burden on residents. Other localities may observe that these inherent limitations on taxing authority negatively impact their ability to raise necessary school funding. This poses a particular challenge as other local taxes, like the Communication Sales and Use Tax, which fails to include mobile devices, become progressively obsolete (Note: Although VML advocated for adding prepaid phone cards and streaming services under the Communication Sales and Use Tax during the 2018 Session, the concept found little momentum within the General Assembly). The tendency for the State to pass costs onto local governments, as in the case of benefits under the Line of Duty Act and health insurance credits for teachers, puts additional pressures on local governments.

These represent only a few of the issues that have been identified and discussed. Our request is this: VML asks that your locality take the time to review the draft report and consider making comments. It is imperative that the State take some definitive action so that localities can move forward with certainty and in a manner that enables them to be successful. At stake is the fiscal viability of local governments to deliver the public services mandated by the Commonwealth and expected by our citizens.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

Racing Commission takes public comment

Over 40 groups and individuals gave public comment on July 31 on the historical horse racing proposed regulations put forth by the Virginia Racing Commission.

Concerns were expressed regarding the number of historical horse racing machines and the lack of local control up to a certain threshold of machines. The current regulations list the maximum number of machines in a jurisdiction; when a jurisdiction has 35 percent of the total maximum limit, then–but not before–formal approval from the locality must be obtained. The maximum number of machines statewide is listed at 3,000. Localities also asked for clarity so that the regulations were clear that machines are subject to all local government permits and approvals as may be required.

The proposed regulations are in response to HB1609 (Webert), enacted during the 2018 session of the General Assembly. The bill established historical horse racing as a form of horse racing in Virginia.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

COIA council reports filing statistics

The Conflict of Interest and Ethics Advisory Council (Council) met July 31^st to receive a presentation presenting statistics and information on the filing of forms required under the Conflict of Interests Act.   Currently the Council reports that 95 counties, 38 cities, 36 towns and 134 school boards file with the clerk of the governing body or school board. The overview statistics showed that the Council expects to receive more than 11,800 electronic filings by state officers and employees, members of the General Assembly and constitutional officers. Looking ahead, the Council plans to develop training for localities on the filing process.   You can view the presentation here.

VML contact: Michelle Gowdy, mgowdy@vml.org

 

Workshops scheduled on mixed-income communities, affordable housing

Housing Virginia is offering a series of half-day morning workshops that will demonstrate how localities can use old and new tools at their disposal to create vibrant, mixed-income communities. In the afternoon, the series will feature workshops on overcoming resistance to affordable housing.

The workshops are scheduled as follows:

Richmond: August 30. To see more information and to register, click here.

Hampton: Sept. 4. To see more information and to register, click here.

Charlottesville: Sept. 5. To see more information and to register, click here.

Fredericksburg: Sept. 6: To see more information, and to register, click here.

 

VRS updates employer manual, GASB information to be mailed soon

The Virginia Retirement System has updated its employer manual to reflect legislative and administrative changes, according to the August issue of its newsletter for employers. In addition, VRS has several checklists to assist with counseling employees.

The August issue of Employer Update also contains links to assist VRS-participating employers that prepare annual financial statements in accordance with Governmental Accounting Standards Board (GASB) standards. The GASB Statement No. 68 Report 2017 for Virginia Retirement System , which includes detailed information on all the local plans, is now available in the Financial Reporting section of the VRS employer website. Individual reports for political subdivisions will be mailed shortly. Most VRS employers will also be required to implement GASB Statement No. 75 as part of financial reporting for the fiscal year ending June 30, 2018. VRS will share more information about the reports and supporting materials in the coming weeks.

You can subscribe to the electronic newsletter at https://employers.varetire.org/.

 

Supreme Court changes analyzed

For states and local governments, Justice Anthony Kennedy will be forever remembered as the Justice who championed allowing online sales tax collection. If Judge Brett Kavanaugh is appointed to the U.S. Supreme Court, will have more freedom to rule how he wants on the Supreme Court and can vote to overturn precedent he deems incorrect. Read more from the State and Local Legal Center about Justice Kennedy’s effect on the court and the potential effect of Judge Kavanaugh in terms of state and local government.

 

Applications open for serving on VML’s Executive Committee

Be part of leading statewide initiatives for Virginia cities, towns, and counties as a member of the VML Executive Committee! The 13-member VML Executive Committee is made up of local officials from across the Commonwealth and manages all affairs of the League, supervises the executive director, and arranges for the annual meeting of the League.

The Executive Committee meets four times a year (at the VML annual conference, during VML Day at the Capitol, in May, and in August). VML pays all travel expenses for the May and August meetings. It is expected that the locality pays for VML Day and the VML annual conference as usual.

There are three ways to participate on the Executive Committee.

• Serve as chair of the Urban, City, or Town section. Seek a position as chair of a section applicable to the locality you serve and represent that section on the VML Executive Committee. This year’s section meetings will be held at the during the Annual Conference in Hampton. Nominations for chair and vice-chair are made from the floor during each section’s meeting, then the membership of that section votes on the slate. The Urban Section of VML consists of those cities and counties that are regular members and have a population in excess of 35,000. The City Section of VML consists of those cities and counties that are regular members and have a population of 35,000 or less. The Town Section consists of all towns.
• Fill an “at-large” position. Each year, the Nominating Committee considers candidates to fill two at-large seats. More at-large positions may be available if an individual serving in one becomes an officer.
• Volunteer for Vice President and President-Elect. The Nominating Committee also recommends these officers. While they generally come from individuals with existing Executive Committee service, anyone may apply. By virtue of the VML Constitution, the President-Elect automatically moves into the President position.

To apply for an at-large or officer position, complete the application form and email it with your letter of interest and resume to Michelle Gowdy. You also may mail the nominating materials to VML Nominating Committee, P.O. Box 12164, Richmond, VA 23241. The deadline is September 10, 2018.

If you have questions about serving on the Executive Committee or the application process, contact Michelle Gowdy at (804) 523-8525 or mgowdy@vml.org.

 

2018 Innovation Awards deadline is Aug. 13

The 2018 VML Innovation Awards celebrate your hometown successes and all that you do to make your city, town or county a great place to live.

The Innovation Awards recognize outstanding achievements in local governments across Virginia. This program-and its successor Achievement Awards- is 40 years old and is recognized as Virginia’s highest honor in local government creativity.

Don’t miss this opportunity to spotlight programs that have made a big difference to your residents – to celebrate innovative solutions that address emerging needs. The awards are presented at a banquet at VML’s Annual Conference in early October in Hampton.

View the full details on how to enter here. All entries must be received via e-mail by 5 p.m. Monday, Aug. 13, 2018.

For questions about your entry contact Manuel Timbreza at mtimbreza@vml.org or call 804-649-8471.

 

Stairway to Success, Green Government Challenge application deadlines fast approaching

Applications for the Stairway to Success awards program are due to VML by Aug. 24. Stairway to Success encourages local government involvement in early childhood education (birth to pre-school), which in turn, builds a qualified, well-educated workforce. The competition recognizes specific actions that enhance the early childhood experience. Participants will be recognized with a plaque during VML’s annual conference in Hampton, Sept. 30 – Oct. 2. Additional information and the application form are here.

Applications for the Green Government Challenge are due Sept. 3. The Green Government Challenge encourages implementation of specific environmental policies and practical actions that reduce the carbon emissions generated by both the local government and the broader community. Cities, towns and counties can become a certified “Green Government.” Many of these actions can save local governments money. The challenge application form is here.

VML contact: Patrick Ford, pford@vml.org

 

Handmade ornaments sought for 2018 Executive Mansion’s holiday tree

In the past three years, nearly 200 localities contributed stunning handmade ornaments to adorn the holiday tree at the Executive Mansion. Thousands of visitors from across the world toured the mansion and viewed the ornaments, learning about the diverse heritage of the Commonwealth’s cities, towns, and counties.

The tree was so popular that the Governor has asked VML to again collect local heritage ornaments from Virginia cities and towns. (Our friends at the Virginia Association of Counties will be collecting ornaments from counties.)

The mansion will officially open for the holiday season the evening of the Capitol Tree Lighting. The tree will be available for viewing during our open house as well as during normal tour hours. For more detailed information on specific event dates and tour times, please visit Virginia Governor’s Executive Mansion website.

For more information on how your locality can participate and to read about the new ornament guidelines click here. The deadline to receive your ornament is Nov. 16, 2018.

VML contact: Manuel Timbreza, mtimbreza@vml.org.

 

In this issue

• Impact fee bills pass Senate Local Government
• Evictions, tiny houses subject of Housing Commission meeting
• Policy committees explore issues, make connections
• Deadline for advertising in Virginia Town & City conference issue is now!
• SLAF grant application process opened
• Governor launches regional cyber workshop series
• Register now for 2018 VML Annual Conference

 

Impact fee bills pass Senate Local Government

Senator Stanley convened a special meeting of the Senate Local Government Committee on July 24 to take up two bills dealing with impact fees: SB208 and SB944. After a heated meeting and a lot of debate, the bills were passed out of the committee on a 5-2 vote.   This means that the two bills will go to the floor of the Senate at the 2019 General Assembly Session, having already received approval by the committee. VML has committed to working with the stakeholders to determine how to deal with the issue of proffers and impact fees.

 

Evictions, tiny houses subject of Housing Commission meeting

Senator Mamie Locke, chair of the Virginia Housing Commission, held a meeting July 18 to receive an update on evictions and to hear presentations on manufactured homes and accessory dwelling structures.   Here is a link to the agenda and materials: agenda.

The Housing Commission is one of several groups examining the issue of housing evictions in the state. The commission will continue to study the issue, with a meeting scheduled later this summer.

In the 2018 session, Senator Creigh Deeds introduced SJ53, a resolution that laid out a plan of study of “accessory dwelling structures.” Stakeholders have been meeting to discuss the study issues outlined in the resolution, including the feasibility of changing land use and zoning practices to facilitate their expanded use. While the resolution did not pass, it was referred to the Housing Commission which is undertaking research in the various issues. George Homewood, the interim director of development for the city of Norfolk, discussed the zoning implications of “tiny houses.” A survey conducted earlier this year by VML found no instances – that were known of – where tiny houses had been erected.

 

Policy committees explore issues, make connections

Short-term rentals, big trucks, school construction, the I-81 corridor improvement plan, and Medicaid expansion were all issues explored by VML’s policy committees, which met July 19 in Richmond.

VML has six policy committees that meet annually to learn more about emerging issues of statewide importance and discuss the potential implications for local governments, review and revise the League’s policy statements, and propose issues for further consideration by VML’s Legislative Committee.

These committee meetings also allow members from communities across Virginia to meet one another and make connections over issues of common concern.

As always, the committees had a host of issues to consider this year and heard from state government and industry experts on those issues. A summary of those issues follows:

The General Laws Policy Committee, chaired by Mount Jackson Mayor Jonathan “Bucky” Miller, received an update on the E-911 upgrades that are required by Virginia Code 56-484.16, which states that the upgrades must be completed by 2023, as well as a presentation regarding 911 operators’ concerns. Other presentations included an update on emergency management issues and a presentation on distracted driving. Finally, the committee received a presentation on conflict of interest issues for smaller localities, and an update on a pre-trial services study.

The Community and Economic Development Policy Committee, chaired by Marion Town Manager Bill Rush, met with the Finance Policy Committee, chaired by Portsmouth Mayor John Rowe, to hear a panel discussion on short-term rentals. The CED Committee then discussed proffers and issues regarding notice and closure of state facilities.

After meeting with the CED Committee, the Finance Policy Committee continued its meeting with a presentation on tax reform in Virginia and the impact on the state budget, and a staff briefing on the issue of budget language passed by the 2018 General Assembly allowing the state to sweep funds from Communications Sales and Use Tax funds to the state general fund.

The Transportation Policy Committee, chaired by Christiansburg Mayor D. Michael Barber, heard a presentation on the I-81 Corridor Improvement Plan as well as an update on legislation affecting public transportation. They also received a briefing from the Coalition Against Bigger Trucks..

The Human Development & Education Policy Committee, chaired by Virginia Beach Council Member Shannon Kane, received a presentation regarding school construction funding in Virginia; a presentation on Medicaid expansion and steps by the state to address the uptick in eligibility determinations that will be addressed within local social services offices; and a presentation on the impact on local law enforcement regarding temporary detention orders/emergency custody orders transports.

The Environmental Quality Policy Committee, chaired by Falls Church Council Member Dan Sze, received a briefing on Dominion Energy efforts in carbon reduction, clean energy, and grid transformation. The committee also heard a presentation on one-use plastic bags.

Several of the presentations made to these committees are posted on VML’s website under the individual policy committee. Simply click on the appropriate committee listed on the left at this link: https://www.vml.org/advocacy/policy-committees/.

Each policy committee worked on proposed changes to their policy statements for 2019. The draft statements for 2019 will be posted to the VML website in the coming weeks for review by members before the VML annual business meeting in Hampton on Oct. 2.

 

Deadline for advertising in Virginia Town & City conference issue is now!

This is the last call for an incredible opportunity to have your business or locality featured in VML’s largest and most widely read issue of Virginia Town & City. The VML Annual Conference issue is distributed to over 5,000 subscribers as well as over 500 attendees at the Annual Conference, to be held September 30^th – October 2^nd at the Hampton Convention Center. If you would like to advertise in this issue, please complete the VTC conference issue form ASAP at https://bit.ly/2LBvb4z. The deadline for ads in the September/Conference issue is now!! You may view last year’s issue at https://bit.ly/2OcTB2M.

Also, gain additional exposure for your company or locality during the Annual Conference and for an entire year by sponsoring the VML app. A sponsorship of the VML app will put the name of your company on the front of the app and will be visible to the 500+ attendees at the conference and everyone who views the app during the year.

Rates for ads in the conference issue of Virginia Town & City are $1100 for a full-age ad, $630 for a half-page and $400 for a quarter-page; the rate to sponsor the app is $1000.

Questions: Please write or call Leslie Amason, lamason@vml.org, (804) 523-8528.

 

SLAF grant application process opened

Applications due by October 12

The Virginia Department of Environmental Quality has opened its application for grants from the Stormwater Local Assistance Fund. The deadline for applications is Oct. 12. Approximately $20 million in matching grant funds is available for distribution.

Local governments authorized for SLAF funding in the FY2014 and FY2015 funding cycle that have not received construction bids on all remaining authorized 2014 projects and on at least one authorized 2015 project by October 1, 2018 will be ineligible for funding from FY2019 funding cycle.

Applications are being solicited for Non-Point Source Nutrient Credit purchases and stormwater projects. Stormwater projects include i) new stormwater best management practices; ii) stormwater best management practice retrofits, iii) stream restoration; iv) low impact development projects, v) buffer restorations, vi) pond retrofits, and vii) wetlands restoration.

Cost effectiveness remains a very important consideration. In previous years only SLAF project applications with costs below $50,000 per pound of total phosphorous were authorized for funding, and DEQ says that it may apply a similar cost effectiveness cap to this funding round that will be based on the applications received.

The DEQ announcement is available here: https://www.deq.virginia.gov/Programs/Water/CleanWaterFinancingAssistance/StormwaterFundingPrograms.aspx

Application forms and guidelines are available here: https://www.deq.virginia.gov/Programs/Water/CleanWaterFinancingAssistance/ApplicationsInfo.aspx

 

Governor launches regional cyber workshop series

The Office of the Secretary of Public Safety and Homeland Security will host six workshops in August that have the purpose of spreading awareness of Virginia’s cyber security programs, building relationships between state and local information technology (IT) officials to facilitate information sharing, and enhancing collaboration on regional and statewide cyber initiatives. One workshop was held July 19 in New Kent County, the day after the release of the schedule.

The schedule for the six workshops is:

• August 14 – Fairfax
• August 21 – Abingdon
• August 22 – Roanoke
• August 28 – Chesapeake
• August 30 – Charlottesville

For more information or to register for a workshop, please visit www.cyberva.virginia.gov. The full media release is here.

 

Register now for 2018 VML Annual Conference

Registration is open for the 2018 VML Annual Conference, to be held September 30 – October 2 at the Hampton Roads Convention Center in Hampton. The Virginia Mayors Institute will be held in conjunction with the annual conference on September 29-30, also at the Hampton Roads Convention Center. This year’s conference program strives to reflect the interests and priorities faced by Virginia’s localities by providing relevant and timely topics, informative workshops, and plenty of networking opportunities. The conference will also include the election of officers and the adoption of the VML Legislative Program during the annual business meeting.

The City of Hampton has planned a fantastic welcoming event at Historic Fort Monroe (http://fortmonroe.org/visit/), for Host City Night on Sunday evening, September 30.

Conference program – The Annual Conference will feature an assortment of speakers and educational programs relevant to many of the issues confronting local elected officials across the state. Conference activities, including the general sessions, break outs, and exhibit hall will be at the Hampton Roads Convention Center. Additionally, mobile workshops options conducted by the City of Hampton will be offered, highlighting projects of interest to conference attendees. You can view a preliminary conference agenda at Preliminary Agenda.

Additional ticketed items include the National Black Caucus of Local Elected Officials (NBC-LEO), Virginia Local Government Management Association (VLGMA), and Women in Local Government Luncheons, as well as a Painting with Wine and Design activity and lunch for guests.

Closing banquet – Conference registration includes the closing reception and banquet featuring remarks from VML’s newly-elected president, the presentation of the 2018 VML Innovation Awards, and energizing musical entertainment by the band SLAPNATION.

Virginia Mayors Institute – The Virginia Mayors Institute will expose mayors and chairs, and vice mayors and vice-chairs, to issues essential to their roles as local government leaders. Topics will include good governance, social media, affordable housing, and wireless-broadband opportunities. Separate registration is required for the Mayors Institute, which can be completed conveniently online https://www.vml.org/education/conferences/virginia-mayors-institute/

Registration – To register for the Annual Conference, please use the following link. All registrations must be completed online at this address: https://www.vml.org/education/conferences/2018-annual-conference-hampton/. You may pay by credit card online or mail in a check with your completed registration form

Hotel reservations – The conference hotel is completely sold out. The overflow hotel for this event is the Courtyard Hampton Coliseum Central, 1917 Coliseum Drive, Hampton, Virginia. You may use the following link to book your reservation 2018 VA Municipal League Conference Room Reservation.

Questions: Please email or call Leslie Amason, lamason@vml.org, (804) 523-8528.

 

In this issue

• Ackerman joins VML staff
• Governor announces FY18 revenue surplus
• VML policy committees meet July 19
• School safety task force looks at other states’ efforts
• FOIA Council schedules training
• COLG holds annexation public hearing
• VDOT wireless meeting
• VRS reaches investment goals for FY18
• VRS rolls out website for employers
• Norfolk police department video goes viral
• Reminder: Institute for Local Officials meets July 19-20

 

Ackerman joins VML staff

VML is delighted to announce that Jessica Ackerman began working this past Monday, July 9 as the league’s policy and advisory relations manager. Since 2007, she has developed and analyzed policy at the local, state and federal levels. Most recently, Jessica was senior fiscal policy analyst to the New York City Council, advising committees focused on community development, education, higher education and youth services. Her earlier career includes state and federal policy research with MDRC (formerly the Manpower Development and Research Corporation), policy management with the Association of Children’s Museums, and research and coordination with the U.S. Department of State. She holds a bachelor’s degree in political science from Dickinson College and a master’s degree in public policy from George Mason University. Jessica’s telephone number is (804) 523-8521 and her email is jackerman@vml.org.

 

Governor announces FY18 revenue surplus

The revenue surplus for the state for the fiscal year that just ended June 30 will show a revenue surplus of approximately $551.9 million, according to a July 12 media release from Gov. Ralph Northam.

Other information from the release:

• Total revenue collections rose by 6.3 percent in FY18, ahead of the revenue forecast of 3.4 percent growth.
• Payroll withholding and nonwithholding income tax collections were the main drivers of the revenue increase.

The numbers in the media release are preliminary; final numbers will be available the August 17th meeting of the Senate Finance, House Appropriations and House Finance committees.

 

VML policy committees meet July 19

Airbnb, distracted driving, single-use plastics, grid transformation and security, Medicaid expansion and school construction are among the issues that will be discussed by the six VML policy committees when they meet Thursday, July 19, at the Greater Richmond Convention Center, 403 N. 3rd Street, Richmond, Virginia 23219. (Parking is available in the convention center deck located at this address. The parking fee is $7 per vehicle.)

Three committees (General Laws, Human Development and Education, and Transportation) meet in the morning from 9:30 a.m. to noon) and three in the afternoon (Community and Economic Development, Environmental Quality, and Finance from 1:00 to 3:30 p.m. Committees will hear presentations on a variety of issues, review and update the current policy statements, and refer issues to the Legislative Committee for possible inclusion in the 2019 VML Legislative Program.

Lunch will be available at noon for all.

VML contact: Janet Areson (jareson@vml.org)

 

School safety task force looks at other states’ efforts

Virginia, like a number of states, uses multiple approaches to address school safety issues, and while a comparison with other states did not reveal any significant shortcomings, some states’ efforts may be worth exploring. This was the conclusion of an examination by the Joint Legislative Audit and Review Commission (JLARC) of other states’ approaches to preventing and responding to school shootings. The report was presented to the House Select Committee on School Safety at its July 11 meeting at Meadowbrook High School in Chesterfield County.

House Speaker M. Kirkland Cox initiated the select committee following the massacre in a high school in Parkland, Florida. Cox chairs the committee, which is comprised of 22 House of Delegates members.

JLARC has been given a research role for the committee’s work this year; other work is being performed by the Division of Legislative Services and the House Appropriations Committee.

JLARC staff identified nine school safety approaches used by other states to varying degrees, including threat assessment, tip lines/smartphone apps, school resource officers, physical security measures, safety audits, response drills, and school safety plans.

Other states’ approaches that JLARC identified as worth further exploration by the Select Committee included:

• Assessing state-level responsibilities to measure and consider proven school climate improvement strategies (e.g., mental health counselors);
• Improvements to training and implementation of threat assessment processes;
• Examination of awareness, adequacy, and use of smartphone apps by K-12 students;
• Additional or enhanced training (e.g. mental health) for school resource officers and other school safety personnel and greater clarity of safety staff responsibilities and roles;
• Assessment of the quality of school safety plans and ensure involvement and electronic access by first responders;
• Consideration of implementing periodic random school safety audits by external groups (rather than self-audits); and
• Providing additional guidance or testing different approaches to response drills.

State funding for safety varies; some provide minimal ones or one-time capital funding to offset costs of improving physical security; others provide loans and one (Ohio) authorizes school districts to assign levies for the purpose of improving school safety. Virginia has provided some funding for security equipment; limited grant funding exists for school resource officers.

The committee has three subcommittees which will be meeting in the coming weeks around the Commonwealth. The full Committee’s next meeting is scheduled for Sept. 11 at 10 a.m. at the Pocahontas Building (General Assembly’s interim building). For more information about the Committee’s work, including future subcommittee meetings, visit its website at: https://schoolsafety.virginia.gov/

VML Contacts: Jessica Ackerman (jackerman@vml.org); Janet Areson (jareson@vml.org)

 

FOIA Council schedules training

The FOIA Council has sent out this note:

“Wow! The years seem to be coming and going! While the old “FOIA Roadshows” were discontinued, we have decided to host free training in Richmond in order to provide interested parties the opportunity to learn about access to public records for free at a central location. The 2018 FOIA “Records” Training is scheduled to be held on four dates: July 25, August 29, October 3, and November 7. Each session will provide 1.5 hours of continuing legal education credit for attorneys and will also count as the required annual training for FOIA officers. If you would like to be a sponsor this year, we ask that you notify your members about this training opportunity.

The electronic registration form is available on the FOIA Council website http://foiacouncil.dls.virginia.gov. If you have questions or require further information, please contact Darlene Jordan at 804-698-1810 or 804-698-1878. djordan@dls.virginia.gov.

Thank you for your continuous interest in the work of the FOIA Council and promoting the 2018 FOIA “Records” Training.”

 

COLG holds annexation public hearing

The Commission on Local Government held the first of two public hearings on annexation on June 10. The draft report was reviewed along with the changes that were provided by the work group, and one public comment was taken.

Draft recommendations in the report include:

1. Modify reversion and consolidation statutes to remove obstacles.
2. Make reversion and consolidation more cost‐effective through incentives.
3. Grant additional powers to counties through reversion and other interlocal agreements.
4. Evaluate mandated service delivery methods to identify appropriate service level
5. Relax the requirements for the establishment of joint authorities and special districts.
6. Provide planning grants to explore interlocal agreements and other operational efficiencies.
7. Evaluate adequacy of local fiscal resources to identify enhancements.
8. Create or expand programs to reduce local fiscal stress.
9. Incentivize additional regional cooperation and regional programs

The second public hearing will be held on September 4^th at 2:00 p.m. at the Central Shenandoah Planning District Commission, Staunton, Virginia.   Written comments will be taken and must be submitted or postmarked by September 3, 2018 and mailed to the Commission’s offices at: Commission on Local Government, Department of Housing and Community Development, Main Street Centre, 600 East Main Street, Suite 300, Richmond, VA, 23219. Electronic testimony may also be submitted by September 3, 2018, to the following email address: david.conmy@dhcd.virginia.gov.

 

VDOT wireless meeting

The Virginia Department of Transportation distributed draft single-use permit applications for wireless support structures, flowcharts and check lists at a July 9 meeting with wireless carriers and stakeholders. These documents are going to be finalized and placed on their website by August 1^st (VML will post the link in the first August issue of eNews). An amendment is also proposed to 24VAC30-151-730 on accommodation fees to reflect the new fees in state code. VDOT did state that any applications received after July 1^st would be subject to the revised fees as listed in VA Code Section 56-484.32.

 

VRS reaches investment goals for FY18

Questions raised about need to lower investment return rate

The good news is that the Virginia Retirement System expects that it will attain an investment return rate of about 7 percent for the fiscal year that ended June 30. Investment returns fund about two-thirds the cost of paying pension obligations, so they are of utmost importance! VRS was one of the topics covered at the July 9 meeting of the Joint Legislative Audit and Review Commission.

The bad news is that the 7.0 percent investment return rate may need to be reduced in future years, perhaps as early as the 2020 session, which is when contribution rates will be again on the table. Appropriations Committee Chairman Chris Jones is quoted in a July 10^th Richmond Times-Dispatch article as saying that “We need to re-evaluate our assumption of 7 percent at some point in the near future.” Barring other changes, contribution rates would need to be increased to offset the expected lower investment returns. VRS Executive Director Patricia Bishop noted that reducing the investment return rate to 6.75 percent would raise budget contributions for teachers by about $113.4 million. Local governments pay more than 60 percent of teacher retirement costs.

The funded status of the various VRS retirement plans continued to improve. The teacher plan is expected to be about 74 percent funded for the past fiscal year as compared to a funded status of about 62 percent in 2013.

The collective funded status for retirement plans for political subdivisions is expected to reach 90 percent for FY18. This aggregate figure disguises the fact that typically the larger systems that offer enhanced retirement benefits to hazardous duty employees have a lower funded status than those systems that do not offer the enhanced retirement. Nonetheless, local plans generally have had a higher funded status that the state plans, including for teachers, because by-and-large political subdivisions have paid the retirement contribution rates as certified by the VRS Board of Trustees. For many years, however, the state funded lower rates than those certified by the board.

The presentation by VRS at the meeting is posted here.

 

VRS rolls out website for employers

VRS’s new website for employers can be found here. Information on the various retirement plans, forms, publications and news affecting political subdivisions can be found through the website. Information on education and training and resources on financial reporting can be found as well.

 

Norfolk police department video goes viral

Proving once again the power of the Internet, a lip-sync challenge by the Norfolk Police Department has garnered millions of views on the department’s web page. If you haven’t seen it, click here! The police department was challenged to a lip sync battle by the Corinth, Texas department. The video, which was taken during a lunch break in one shot, has been reported on by media across the U.S. Take the time and read a sampling of the comments on the department’s Facebook page!

Police departments across the U.S. are taking up the challenge, including South Boston’s, which is here.

 

Reminder: Institute for Local Officials meets July 19-20

See the agenda and register for VML’s Institute for Local Officials at this site. The Institute will be held July 19 (starting in the evening) through July 20 at the Richmond Hilton Downtown, 501 East Broad Street. We’ve got a great pre-registration for this conference, which will be an excellent overview for newly-elected officials and incumbents as well.

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