VML Annual Conference October 20, 2008

1. VML Annual ConferenceOctober 20, 2008 Town-County Relations in Virginia Susan B. Williams, Esq. Commission on Local Government Department of Housing and Community Development

2. Commission on Local Government (CLG) • Five members appointed by the Governor • Knowledge and experience in local government • Hold no other elective or appointive public office • Current Members: • Frances Parsons, Chairman • Vola Lawson, Vice-Chairman • Kathleen Seefeldt • Harold Bannister • Elmer Hodge

3. CLG Purpose • Promote and preserve the viability of Virginia’s local governments by fostering positive intergovernmental relations • Advisory reports • Technical assistance • Fiscal stress computation and analysis • Catalog and assessment of state and federal mandates • Cash proffer survey and report • Fiscal impact of proposed legislation • Planning District Commissions

4. CLG Advisory Reports • Actions for Municipal Annexation • Citizen-Initiated or Property Owner-Initiated Annexation • Voluntary Settlements of Annexation and Related Issues • County Immunity from City-Initiated Annexation • Consolidation • Reversion of City to Town Status • Coming Soon: Voluntary Economic Growth-Sharing Agreement

5. Options for Town-County Cooperation • Economic Growth-Sharing Agreements • Voluntary Settlement Agreements • Agreements Defining Annexation Rights • Sharing of Administrative Officers • Joint Local Planning Commissions • Joint Exercise of Powers • Joint Service Delivery and Authorities / Special Districts

6. Economic Growth-Sharing Agreements • Va. Code § 15.2-1301 • CLG advisory review required but no court review • Authorizes localities to enter into “revenue, tax base and economic growth-sharing agreements” • No provisions relating to annexation or transition • For “any purpose otherwise permitted,” including provision of public services or facilities or “any type of economic development project” • Constitutional debt limitation on counties

7. Voluntary Settlement Agreements (VSAs) • Va. Code §§ 15.2-3400 and 15.2-3401 • CLG advisory review required • Approval of three-judge special court required • “Best interests of the Commonwealth” • Localities may enter into an agreement to settle matters involving annexation or governmental status • Plus broad authority regarding other types of provisions in agreements • Binding on future local governing bodies • Constitutional debt limitation on counties

8. VSAs Cont’d • Annexation / Governmental Status Provisions • Boundary Changes of Towns and Cities • Immunity of Counties or Parts of Counties from City-Initiated Annexation and City Incorporation • Incorporation of Towns • Transition of Towns to Cities • Transition of Counties to Cities • Transition of City to Town Status

9. VSAs Cont’d • VSAs may include provisions regarding • Fiscal arrangements • Land use • Zoning • Subdivision • Infrastructure • Revenue and economic growth-sharing • “Such other provisions as the parties deem in their best interest”

10. Agreements Defining Annexation Rights (ADARs) • Va. Code §§ 15.2-3231 - 15.2-3235 • CLG review required but no court review • Towns in counties not immune from annexation may enter into voluntary agreements defining the town’s annexation rights in the future • If governing bodies of town and county cannot reach voluntary agreement, town may petition CLG for an order establishing its rights to annex territory by ordinance under specified agreed terms

11. ADARs Cont’d • Mandatory Provisions in Agreements • Town permanently renounces its right to become a city • Regular and orderly growth • In conjunction with the county and • For an equitable sharing of resources and liabilities • Town may annex at regular intervals with adoption of an ordinance

12. Joint Officers and Employees • Va. Code §§ 15.2-1513 – 15.2-1516 • Localities may jointly employ or share the services of officers as well as other employees • Considered the employee of one locality for purposes of compensation and benefits and liability insurance and bonds • Not applicable to constitutional officers or their employees or other elected officers

13. Joint Planning Commissions • Va. Code §§ 15.2-2218 and 15.2-2219 • Town may designate a county planning commission as its local planning commission • Any two or more counties, cities or towns may establish joint planning commission by agreement • Pay proportionate part of commission’s expenses

14. Joint Exercise of Powers • Va. Code § 15.2-1300 • Any county, city or town may enter into agreements with any other political subdivision in Virginia or any other state for the joint exercise of any power, privilege or authority which it possesses

15. Joint Exercise Cont’d • Agreement must specify • Duration • Purpose(s) • Financing • Termination • Other necessary matters • Agreement may specify • Administrator or Joint Board • Property • Liability

16. Joint Service Delivery andAuthorities / Special Districts • Deliver specified services jointly • Examples: jails; juvenile facilities; libraries; social services; mental health; solid waste and recycling; law enforcement; emergency services; and animal shelters • Jointly establish certain authorities / special districts • By action of the local governing bodies • No further authorization from the state required but some may require referendum • Examples: Public service; electric; redevelopment and housing; transportation; local transportation improvement; airport; industrial development; produce market; public recreational facilities; parks; hospital or health center commissions; mosquito control; sanitation; regional criminal justice training academies; and regional juvenile detention commissions

17. Questions or Additional Info? Contact Susan Williams susan.williams@dhcd.virginia.gov (804) 786-6508