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Supervisor still wants vote law changed
BY JAMES JACENICH • STAFF WRITER
MONTEREY - Highland is unique, say county supervisors, and laws that apply to the rest of the state shouldn't apply here. For example, voter residency - officials suggested the state require people in Highland live here at least 186 days a year (51 percent of 365 days) to qualify to vote in the county, says supervisor Jerry Rexrode. Also, dogs should be allowed to chase bears on a neighbor's property if the bear is attacking sheep, says outgoing supervisor Lee Blagg. And, the county shouldn't be penalized with less state support because it has to institutionalize some children, says county attorney Melissa Dowd.
Five Highland County officials met with Sen. Emmett Hanger and Del. Chris Saxman Dec. 21 to discuss the upcoming state legislative agenda.
"There's nothing huge on the agenda that has a direct impact on Highland County," supervisor Robin Sullenberger told the lawmakers. "Be mindful of our circumstances, as you consider anything, look at how it affects Highland."
Don't vote here if you don't live here,
Rexrode says
At the top of Rexrode's legislative wish list is changing state election laws to make residency "black and white" by requiring that a person live in the county 51 percent of the year in order to be eligible to vote here.
Supervisors and Dowd have said the current residency requirements are vague and subject to interpretation. Hanger and Saxman agreed.
Rexrode's "black and white" approach would refuse voting privileges to Highlanders who do not physically live here at least 51 percent of the year, even if they: have property and a home in Highland; their children attend Highland schools; they pay taxes, hold a driver's license declaring county residence, and register vehicles in Highland; and even if the only reason they're not "living" here yearround is because they work five days a week in Northern Virginia or Maryland.
Existing law says the voter and the voter registrar determine one's right to vote in Highland, based on a list of criteria that recognize the intention of the individual and his or her circumstances.
"What is the definition of resident?" said Rexrode. "It's not clear; there is nothing definitely clear what a resident is. How long do you have to be here before you can vote? Over 50 people in Monterey district registered to vote that shouldn't be when you look at the code - a lot of it says you intend to vote here. You live in one place and come back here on weekends and vote here? Or you live in another state? It is a big concern."
"You can't vote in two different places," said Hanger.
"What is in the person's mind is what a resident is," said Dowd. "These people are not voting in more than one place."
Saxman said residency applies to more than one area of the law in Virginia. How one determines whether a student qualifies for in-state tuition, for example.
"What are the determining factors for in-state tuition?"
"It is a series of factors," Dowd replied, just like voter residency.
Dowd continued, "What you (Rexrode) are looking for is, if you live there 51 percent of the year, you can vote there."
"That's right - black and white," said Rexrode.
"Take the subjectivity out," said Saxman. "I understand the problem and I am sympathetic É (but) it won't pass. Good luck."
Rexrode is concerned about illegal immigrants, too. "We have too many illegal immigrants," he said, though it was not clear if he meant within the county, state or region.
Declare whole county a growth area
Rexrode also said he wants to declare all of Highland a growth area, eliminating the possibility of anyone using conservation easements to protect their property from future development. He is concerned about easements restricting road construction and other development, particularly if they are granted in perpetuity.
Hanger agreed with Rexrode's concerns, saying the law is meant to save 10 acres or so here and there in more densely populated and overdeveloped counties.
Perhaps something could be done to give local officials more discretion in deciding what is to be set aside for conservation, taking that option away from property owners, Rexrode suggested.
Sullenberger told Rexrode it was unlikely declaring all of Highland a growth area would hold up in court, but he did not disagree with the concept. "If a conservation easement impacts road improvements, we would have a concern about that," Sullenberger said. "Easements in perpetuity contiguous to area road improvements - we can have an issue with that."
"The Virginia Outdoors Foundation holds conservation easements," said Dowd. "If VDOT needs two acres to make a passing lane or make a curve, the owner might say no because they are being penalized (regulations restrict subdivisions and a road easement is considered a subdivision). Who trumps (VOF or VDOT, both state sovereign entities)? That was the issue. We can write simple language in an easement that says road improvements are not considered a subdivision."
"We are already having that problem with a bridge in McDowell," said Rexrode. "We have to look how (conservation easements) restrict growth areas. You can try to put everything under a growth area."
"I don't think that will hold up under legal scrutiny," said Sullenberger. "We have a contradiction - the governor has a proposal to put 400,000 acres in conservation. The point we are making is, there is some potential for direct conflict with local growth. In our case, we typically would be looking more at highway projects."
"Good point," said Hanger. "The law was written for Northern Virginia, even Augusta and Rockingham (counties)."
Institutionalization is our only choice
Dowd is a member of the county comprehensive services board. She spoke in favor of changing state regulations to permit Highland County to institutionalize those in need of social services without penalty, rather than make use of local resources. In a larger jurisdiction, she noted, private psychologists, psychiatrists and other outpatient services were readily available, but not here in Highland. Regulations financially favor localities that are able to use outpatient services and penalize counties like Highland that have none, she said.
Dowd said localities receive less money if they institutionalize children. "The problem is giving priority to local services - we have none. Institutionalization is our only choice. Penalties work great in Northern Virginia and Virginia Beach where services are available. We have one counselor once a month. We have to send people to the Shenandoah Valley Community Services Board. This is a major concern for us. Be mindful of that."
"That's not quite right," said Hanger. "A small number of children are using a majority of our funds for residential care. We have some models in the state for getting away from residential (treatment). We are not penalizing Highland County. We are encouraging other areas to get away from institutionalization. We are trying to encourage regional cooperation, working in concert with Augusta, Rockbridge counties, the juvenile detention facility."
"We do not object to dealing with things from a regional perspective," said Dowd.
"The intent (of the regulation) is not to say residential is bad," Hanger said.
"It's always an economy of scale issue," said Sullenberger. "Rules that apply to everyone else doesn't make things very workable for us."
"There are few panaceas in government, especially dealing with comprehensive services," said Saxman.
Kill bears, not sheep
Outgoing supervisor Lee Blagg is losing sheep to bears. It's costing him tens of thousands of dollars, he said. He wants the law changed to allow bear hunting by dogs and to permit those dogs and hunters to cross property lines in pursuit of the bears by permit. He said state Department of Game and Inland Fisheries personnel were sympathetic to his plight, but were unable to help him due to existing regulations.
"We have a game issue, major game issue," said Blagg. "We have a bear problem in this county. They've killed $12,000-$15,000 of sheep in a three-mile area. Here's the rub - I can get a permit to kill the bear, but I can't run dogs. I can document this is a bear nuisance that is killing livestock and bring out a hunter the next morning who can track him down and eliminate him wherever he goes, that's the issue. I can't use dogs."
Blagg said DGIF officials told him they agreed it was a problem. They are going to talk to legislators, too, but they are limited in what they can do, Blagg said.
"You want an exemption of the bear kill permit to give you permission to use dogs," Saxman reiterated.
Blagg said deer in the county were carrying a virus that can kill cattle. "I don't know what to do about that," he said.
Newest member interested in economic development
More for information than for action, incoming supervisor David Blanchard told Hanger and Saxman The Highland Center was important as an economic development resource. He also said two local teachers received National Board Certification, making Highland public schools more attractive to those considering settling here and raising a family.
"The Agricultural Center and The Highland Center are organizations trying to create opportunities in the county," said Blanchard. "Our school is doing well. The Highland Center is a job-creating entity; the Agricultural Center is a slaughterhouse facility. It is more regional, specific and more service oriented than business oriented. The idea is that it would be a localized service that is not now available but would hopefully grow and become successful."
Homestead Exemption Act not a done deal
Hanger said the Homestead Exemption Act, which made it through an election year and a session of the legislature, as required before becoming law, might not hold up this coming year.
"It was popular last year," said Hanger. "But things have changed. This year there's a little more scrutiny. It may be a little more difficult to get through this year."
Saxman agreed. "I think it is going to come under a different viewpoint this year," he said. The Homestead Act should give localities more flexibility, he said.
"Flexibility is what we want," said Sullenberger. "Constituent concern is that all you do is shift things (tax burden from one person to another). We are just looking for opportunities to have more flexibility in how we do the tax structure."
"The downside to the issue is cost burden will be borne by somebody; people are concerned by the shift," said Saxman.
"I think it (Homestead Exemption) is politically doable as an option for local government," said Hanger.
"There are similarities with the composite index. We are not trying to get a free ride. Yoking us with Augusta has not hurt anyone else," said Sullenberger.
Tight budget, shifting power
Hanger said 2008 offers a tight budget and a lot of uncertainty. "The governor's budget intends to keep local governments whole," he said. "I don't see any major shuffling around.
"There is the concern that more populous areas are getting more say so, more chairmanships, but I don't see that coming in the short term. The governor's proposal is to use the rainy day fund to balance out this year ($300 million). I've been cautious about saying we don't want to touch the rainy day fund. If we don't take it in 2008, we can't take it in 2009. By the time we finalize our budget in March, we need to reduce spending or increase taxes to balance the budget. I suggested we leave the rainy day fund on table. I will not support not taking it if it requires us to cut our support to local governments. You'll have to balance the budget locally (if we did that).
Hanger said the state budget is based on 3.3 percent growth. Direct impacts on localities may come if the state tightens up the budget in 2009. Hanger said that might mean less than expected support for education.
Sullenberger said he hoped the budget would allow for some small-scale road projects in Highland.
"The U.S. 250 project was what I was asked for first here when I was starting to seek office," said Saxman.
"We learned if we ask for too much, people could have a problem," said Hanger.
"Transportation is always going to be a big issue," Saxman noted.
Rexrode also asked Hanger and Saxman to change the date tax data had to be reported to the county by the commissioner of the revenue. He noted regulations require tax date be prepared and presented by Sept. 1, but that he had been told most localities automatically ask for an extension. He suggested that rather than spend money processing extension requests, it would be better to change the reporting requirement to Nov. 1.
Hanger asked if property values were stable, rising or falling in Highland.
Sullenberger said values were not climbing as rapidly, perhaps due to a slowdown in the economy.
Hanger said values in highgrowth localities are dropping. He said Highlanders could be thankful property values are stable here.
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