Supervisors to Fairfax State Delegation: Please Do No Harm In Richmond

The Fairfax County Board of Supervisors started its meeting on their 2012 legislative agenda Wednesday with a clear plea to the General Assembly members: Do no harm.

But  shifting of the responsibilities and costs for transportation from the state to localities, would do exactly that, the board said in its presentation of its legislative priorities to a number of state representatives Wednesday, passing on a significant property tax increase to county residents.

The board unanimously approved its annual legislative package that included a plea to oppose "devolution" at Tuesday's regular meeting. Then Wednesday met with Fairfax state legislators.

"Remember we're all in the same fiscal boat together and we all represent the same individuals together," Bulova said.

Supervisors listed four priorities on their 2012 legislative program, three of which addressed funding, specifically for education and transportation, and proper funding from the state. The last priority asked General Assembly members to allow local governments to maintain or even increase their authority in areas such as taxation, land use and administration.

Fairfax Chairman Sharon Bulova, along with the chairmen of the Prince William and Loudoun county boards, Corey Stewart and Scott York, wrote an opinion in the Dec. 2 Washington Post opposing devolution. At their Wednesday meeting, Fairfax Supervisor Jeff McKay (D-Lee) elaborated on the board's opposition, saying taking over roads in poor condition would come with a significant extra cost to bring them up to standard.

"That is a major concern for anyone who cares about transportation, but frankly anyone who cares about anything else localities have to keep up because all those elements would be affected by that size hole in the budget," said McKay, who also serves as the chairman for the Board Legislative Committee.

The state’s urgency to pass on that cost to local jurisdictions through devolution could be caused by the state’s slow rebound from the recession ,  said James J. Regimbal Jr., a consultant from Fiscal Analytics,. During a presentation to the board Wednesday, Regimbal said this has caused a decrease in funding to localities and an increased reliance on funding sources other than state taxes.

While Fairfax County has seen slightly better improvement in the years following the recession, County Executive Anthony Griffin said, it would be difficult to give an accurate prediction for its future because of potential federal and state budget cuts.

Either way, the county outlook is grim if devolution were to pass, the county's Department of Transportation director, Tom Biesiadny said.

Predictions for county if further devolution were to occur include:

• Local tax increase would have to be implemented.
• Because the majority of the county's revenue comes from property taxes, devolution would likely place a heavy new burden on homeowners.
• Estimates show a one-time investment of $208 million would be necessary to bring county's roads up to standard, which would mean a property tax increase of about $479 for the average household.
• Other government services would likely lose funding to meet transportation costs

Supervisor John Cook (R-Braddock) said he disagreed with the board's stance on devolution, but noted the state would have to provide the necessary resources if it decided to shift transportation responsibilities to localities.

"If we're going to have the responsibility, we ought to own the streets," Cook said. "And if we're going to own them, we get to do with them what we want and we ought to have the mechanisms to raise the money we need to raise."

The board’s other priorities included asking legislators to oppose any budget cut that would disproportionately target Northern Virginia or any proposal that would decrease financial support from the state and looking for new, long-term revenue sources to fund transportation projects in Northern Virginia. While it will look for exclusive Northern Virginia revenues of at least $300 million annually, the board also seeks a commitment from the state of at least $150 million in funding for the Dulles Metrorail extension.

Roundtable Discussion

After the presentations, legislators had an open forum to present their priorities for the 2012 General Assembly session or further discuss the supervisors' agenda.

Del. Mark Sickles (D-43rd District) asked the board whether they considered putting in a referendum similar to the one presented to voters in 2001, that would have voters decide whether to increase certain taxes — in 2001 it was the sales tax — in order to pay for transportation costs. Sickles said it would not be his first choice, but he wanted to make sure all options were being considered.

McKay and Bulova both said they would not be opposed, but are unsure of the likelihood it would be passed.

Sen. Dick Saslaw (D-35th District) announced his opposition to a referendum on taxes, telling the room, "Don't punt the damn ball."

"It ain't gonna happen with my vote," he said. "I will not ever, ever, ever, if I have anything to say about it, allow taxes to be put to a referendum. That's what the voters elected you to do. If they don't like what you did, they will show you the door the next election. Plain and simple."

Another tense discussion began when Sen. Chap Petersen (D-34th District) declared his opposition to the Board of Supervisors' decision to set water rates for all county residents, including those who live in municipalities. Petersen's district includes two independent water systems, in the Town of Vienna and Fairfax City.

"I don't see how you can interfere with a contract between two parties when you're not a party to it. I don't think the board has that power," Petersen said. "... I believe the state legislature has that jurisdiction, I don't believe the county has that jurisdiction."

Supervisor Catherine Hudgins (D-Hunter Mill) said the board is trying to make sure customers have fair rates for the service.

But Petersen dismissed the argument: "This is not a question of right and wrong. It's a question of what jurisdiction you have. What gives you the right to come into this economic relationship between two parties? There's all kinds of transactions happening all over the county. Are you going to come in and regulate those transactions?"

Sens. Dave Marsden (D-37th District), Ken Plum (D-36th District) and Janet Howell (D-32nd District) all said they expect Gov. Bob McDonnell (R) to come through on his promise of a dedicated source of revenue for a transportation bond package passed last session.

"I guess the dedicated funding stream is us," Marsden said. "I sorta feel like Charlie Brown with the football. Once again, it has been moved. ... What we were promised was a funding stream and not the transfer of responsibility to localities. I think we need to let the governor know this is not acceptable."

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