The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Tuesday, October 10, 1995              TAG: 9510100244
SECTION: LOCAL                    PAGE: B3   EDITION: FINAL 
SERIES: Election '95: Citizens' Agenda 
                                             LENGTH: Medium:   83 lines

ASK THE CANDIDATES

Robert N. Birch Jr. has lived in Chesapeake for 25 years. He's seen a lot of change.

``When I was a paperboy on George Washington Highway, I almost never had to worry about traffic,'' Birch said. ``It's gotten absurd out in that area now, and Great Bridge and Western Branch are the same way.''

Birch is worried about growth. He feels that Chesapeake has become too much like Virginia Beach, so much so that he fears businesses will be unwilling to locate in the city.

He wants to see better management of growth, and he would like to get something from his political leaders he doesn't see now: vision.

``It has to do with how far ahead can these guys look?'' said Birch, an electrician who lives off South Military Highway in Chesapeake.

So Birch asked The Virginian-Pilot to forward a question from him to the candidates in his General Assembly districts, the 76th House and the 18th Senate. This way, Birch feels he's participating in the election, taking more of an active role than simply voting.

``The way I look at it is, if Lech Walesa can run Poland, at least I can help make things better here,'' Birch said. The question

Would you be interested in reversing the Dillon Rule, so that cities have more power over growth control and other issues? Why or why not? The backround

In most states, cities and counties have more power over their own affairs than Virginia localities. They can change more laws, institute more taxes, etc.

In Virginia, the General Assembly and the courts adhere to a 19th-century legal principle called the Dillon Rule. Boiled down, it basically says cities and counties do not have any power that the legislature does not specifically give them.

If you want a new tax, you have to ask the General Assembly for permission. If you want to elect your council differently, you have to ask for permission. Hundreds of local-request bills are filed every year, many of which are passed routinely.

But one request that never passes is that the legislature abandon the Dillon Rule.

In the past 10 years, those requests have mounted as cities such as Virginia Beach, Chesapeake, Fairfax and others have tried to manage rapid growth with tools the cities consider obsolete. They wanted to be allowed to run their own affairs.

The candidates in Birch's districts are: in the 18th Senate, L. Louise Lucas, the Democratic incumbent, and Frank M. Slayton, an independent; and in the 76th House, Del. Robert E. Nelms, a Republican who is unopposed. The answers:

Lucas: ``As a member of the Portsmouth City Council for eight years, I was one of those who sought to have the Dillon Rule repealed. But since taking the oath of office in the Senate, I have seen why the legislature did not do so. Some localities might see fit to put on new taxes, or service fees or users' fees. A lot of the citizens might find that to be an inordinate burden to them.

``I think it is in the best interests of the citizens of the commonwealth to not repeal the Dillon Rule. Virginia is one of the lowest tax states in the nation, and we'd like to keep it that way.''

Slayton: ``I would be against reversing the Dillon Rule. It would give cities and metropolitan counties the power to thwart or undermine statewide policy. The state policy in a given area of government could be, in effect, nullified by, say, Arlington or Fairfax or Prince William.

``There could be circumstances in which the application of the Dillon Rule might not be in the best interests of a given community but serves the overall interests of the state.''

Nelms declined to respond. MEMO: Staff writer Tony Wharton compiled this column.

``You Asked'' is a regular feature of The Virginian-Pilot's

coverage of the 1995 General Assembly elections. Readers can send in

questions to be asked of the candidates in their districts.

KEYWORDS: ELECTION CANDIDATE by CNB