HomeMy Public PortalAbout1982_11_10 PUBLIC INFORMATION MEETING ON ANNEXATION - NOVEMBER 10 , 1982 .
94 A joint public information meeting concerning Annexation was
held by the Leesburg Town Council and the Loudoun County Board
of Supervisors in the Loudoun County High School Auditorium on No-
vember 10 , 1982 at 7 : 30 p.m. Present for the Town were Mayor
Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L. Coffey,
Jr . , Reginald K. Gheen, Marylou Hill , John W. Tolbert, Jr. and
Howard M. Willis, Jr. ; also Town Manager John Niccolls. Present
for the County were Chairman Thomas S . Dodson, Board Members An-
drew R. Bird, III , James F . Brownell , Carl F . Henrickson, John
Milton, Frank Raflo and Travis L. Sample; also County Adminis-
trator Phil Bolen, County Attorney Edward J. Finnegan and County
Planner John Dugan.
Those interested persons in the audience were welcomed by
Chairman of the Board of Supervisors Thomas S. Dodson, who an-
nounced that a proposed settlement to the Leesburg Annexation Pe-
tition has been reached by the negotiating teams for the County and
the Town. This was a long and tedious process, involving more than
20 meetings in the last six months, plus long hours expended by pro-
fessional staffs. The County ' s main issues in this issue were city
status and the protection of the tax base in the Leesburg area, land
use and management of the growth that will occur in the area and the
need to share their respective resources and liabilities. The issue
Iof city status has been addressed by proposing a joint moratorium
on the conversion for a period of 25 years from the effective date
of the annexation - the County would forfeit its right to total im-
munity from city transition in the Leesburg area for an identical
period, plus five years to allow Leesburg, should it desire, to file
for city transition. Annexation Area Development Policies contain
commitments by the Town and the County to work together to assure
the full range of governmental services in the annexation area.
Also included is a rural density transfer concept, which it is hoped
will aid in the preservation of historical and agricultural resources.
This deals with the issue of sharing resources and liabilities in a
number of ways . This is an integrated package - a result of compro-
mise on many issues important to both Leesburg and the County. The
negotiating teams strongly endorse this proposed settlement for
ratification by the Town Council and the Board of Supervisors .
Leesburg Mayor Sevila also welcomed the public, along with
members of both negotiating teams, members of the Board of Super-
visors, Town Council members and members of both staffs. He com-
mended everyone who has had a part in this annexation process for
their hard work. He believes this to be a sound and fixed agree-
ment which will benefit both the Town and the County for many years
to come. . This will be the forging of a new working relationship
between the Town and the County. Without reservation, he recommends
this agreement both to the Town Council and to the citizens of Lees-
burg. He believes there are a number of reasons for the Town to sup-
port annexation at this time, as follows : (1) The identity of the
Town; (2) revenue protection; (3) the inclusion of Leesburg Airport;
(4) the increase of Leesburg ' s tax base; ( 5) a community of interest -
close social and economic ties exist when the fringe areas develop;
(6) the cable television system and (7) utilities - the water and
sewage treatment plants were based on service area and this would
insure these investments. One of the questions asked is whether
this agreement actually protects Leesburg ' s vital interests? Fore-
most in the Town ' s interest was the protection of its utility system.
Equally important was the Town ' s desire for the County to restrict
public utilities outside the new corporate limits within the Lees-
burg planning area. This agreement achieves both objectives . The
Town welcomes city status postponement and immunity provisions in
the agreement. Finally, the Town sought to protect its planning
authority for the new area - both sides acknowledged that the Count
has a legitimate part to play in the planning and development de-
cisions to be made for the annexation territory. An answer was
found in the innovative annexation policies that will be described'
by Loudoun Director of Planning John Dugan. These interests were
not achieved at the expense of the annexation territory - 7 . 17 square
miles will certainly accommodate the growth anticipated during the
next ten years when the statutory limits on new annexation expire.
Benefits of the proposed agreement offer many benefits to citizens
of the town, including preservation of the town ' s rights to future
MINUTES OF NOVEMBER 10 , 1982 .
city transition, framework for improved County and Town coopera- 95
tion, stabilized utility rates , new tax revenues which exceed the
cost of service responsibility, a larger voice in County affairs,
additional land for economic development, direct control of the
future development of the airport and County financial support for
Leesburg law enforcement. Benefits for the citizens in the annexed
area will be elimination of the 50 percent surcharge now assessed
for utility customers, unified cable television system, the right
to vote in municipal elections, municipal street maintenance, free
trash pick-up, street lights, police protection and a new community
park. The town' s legal responsibility for service and authority to
govern will not begin until the effective date of the annexation,
which should be January 1 , 1984 . At that time, most of the streets
in the area will be transferred from the Highway Department to the
Town. Leesburg will be responsible for the removal of snow and ice.
The Town will assume responsibility for zoning administration, the
development of the Comprehensive Plan for the area and subdivision
and development approval . Though zoning administration transfers
to the town, the County Zoning Ordinance will still apply until the
Town devises a new land use plan and a zoning ordinance for the ter-
ritory. While water customers will have the surcharge eliminated,
they will pay personal property and real estate taxes to the Town,
OD but these are tax deductible. Street lights for the developed areas
Cr will be ordered in January 1984 - less densely populated areas won' t
receive them until the majority of the residents want them. In 1984
O the Town will begin free refuse, garbage, brush and leaf collection,
m streets with curb and gutter will receive street cleaning services
OD weekly and the police force will be expanded by at least four offi-
Q cers. Homes with wells and septic systems will not be required
to connect to the public system as long as they pose no health prob-
lem.
Town Manager John Niccolls stressed the fact that this agree-
ment is not just a set of compromises. - rather, it is 36 pages of
understandings solving complex problems of two active governments
serving, in part, the same people, but with quite different re-
sponsibilities , problems, programs and, to some extent, attitudes.
It must be seen in its entirety as an integrated package. Overall,
the territory to be annexed includes about 4 , 600 acres or just over
seven square miles . In comparison, Leesburg presently encompasses
3 . 7 square miles . He described in detail the boundaries of the
area to be annexed, with Town staff member Marc Weiss indicating
these on a map. With regard to the general terms and conditions
of the agreement, he explained in some detail the decisions con-
cerning city status for either the Town or the County, future land
use policies , zoning regulations after January 1, 1984 , subdivision
regulations/land development reviews until 1994 , landfill provi-
sions , utility facilities, land use taxation, law enforcement and
provision for amendments to the agreement. Leesburg will not seek
reimbursement for annexation expenses . Attorneys for both juris-
dictions have advised that the 1983 General Assembly must adopt
appropriate legislation that would affect some provisions of the
agreement, particularly with respect to city transition and im-
munity. If such legislation is not adopted, a provision is in-
cluded that would nullify the entire package.
County Planning Director John Dugan said a lot of time was
spent on the annexation area development policies. These policies
serve two functions : (1) to provide a basis for the future plan-
ning and land development in the annexation area; and (2) to assure
both the County and Town residents that there will be public facili-
ties made available in that area. The format of the agreement has
a commentary and a policy statement. The commentary explains the
purposes , goals and objectives involved in each particular area and
the policy statements tell what is proposed to be done. In order
to administrate these agreements, a special administrative section
is involved, which provides for the establishment of a joint policy
committee for the administration of these policies; for their re-
view and modification and establishes a forum for dispute resolu-
tion. The policies deal with residential land uses; commercial/
office/ industrial land uses; institutional land uses; parks, recrea-
tion and open space; transportation; water and sewer; educational
1 MINUTES OF NOVEMBER 10 , 1982 MEETING.
96 facilities; government facilities; environmental historic and
cultural factors and joint development review. There is another
element to the policies which looks to the future - this is site
acquisition and contributions to public facility improvements,
such as schools, library sites, fire/rescue sites and park sites.
Mr. Bolen, County Administrator, reviewed the calendar of
major annexation actions to come. On November 15, the County and
the Town will meet in their respective sessions to take action on
the proposed agreement. On November 29 , a formal response must
be presented to the Commission on Local Government . On December
11 , the Commission will be here to tour the area jointly with
members of the Council and the Board of Supervisors. December 13
through 15 there will be presentations by the Council and the
County before the Commission - these presentations will be in
public session. On the evening of December 15th, there will be
a public hearing before the Commission on Local Government. In
January and February, the General Assembly will be acting on the
resolution from the County and Town dealing with the annexation
agreement. On March 1 a decision by the Commission on Local Govern-
ment will be forthcoming . Following this decision, between March
and January, there will be deliberation and decision by the three
judge panel . January 1 , 1984 is the anticipated effective date of
the annexation .
I Board Member Frank Raflo asked for an explanation concerning
the Commission on Local Government - what it is , who they are,
' what is its function, is it advisory or does it make decisions?
County Attorney Ed Finnegan explained that this Commission was
enacted and established by the 1979 General Assembly as part of
a major revision to the annexation laws of Virginia after 10 to
15 years of study. A study commission was formed and one of its
primary recommendations was to establish self-form by which lo-
calities could come forward and have their issues of concern
studied and analyzed by an appropriate State agency - this agency
would make recommendations to an appropriate annexation court.
Its duty is to study the petition and make recommendations to the
Court. Another duty is to advocate to the localities (in our
case, Leesburg and Loudoun County) the merits of settling without
going to a lawsuit. This is what the Commission recommended in
this case. Their recommendation is advisory - it will be the
special court panel that will make the final decision. Mr . Brown-
ell asked how important the public hearing is to the Commission?
Mr. Finnegan said the Commission is very concerned with what the
public has to say. He cited a recent case where the Commission
changed the proposed agreement as a result of that hearing .
Further questions were asked by Council and Board members,
with answers being supplied by members of the negotiating teams .
This meeting is a good time for those persons having questions to
voice them, in order that they might be considered by the teams
before the public hearing to be held by the Commission.
PUBLIC COMMENTS :
Persons having questions and comments concerning the proposed
annexation were Col . Michael C. Grenata; Mrs. Gladys S . Lewis,
President, League of Women Voters of Loudoun County; Franklin B.
Reynolds, Jr. for the Piedmont Environmental Council; Colonel
Peter Packard; Mrs. Helmi Carr; Frederick R. Stieff; Cindy Carr
Shrump; Royce Givens and Mr. William L. Rust.
Mayor Sevila thanked those in attendance for coming tonight.
Those questions and comments voiced tonight will be considered
when the negotiation teams meet (before the November 15 deadline) .
Mr. Dodson also thanked those interested people for coming tonight
and looks forward to hearing from these people again on December
15.
A tape recording of this meeting is on file in the office of
the Clerk of the Council for further refrerence.
ill A A2441
ti� �{ � ��'�"""" / ✓. /'`�iS>.� Mayor
Clerk of tie Council