HomeMy Public PortalAbout1992_11_03375
SPECIAL MEETING MINUTES OF THE LEESBURG TOWN COUNCIL
NOVEMBER 3, 1992
A special meeting of the Leesburg Town Council was held on November 3, 1992, at 5:00 p.m., in the
Council Chambers, 25 West Market Street, Leesburg, Virginia. Notice having been delivered to all members
of the Council prior thereto. The purpose of the special meeting was to discuss annexation and utility
extension policies. The meeting was called to order by the Mayor.
COUNCILMEMBERS PRESENT
George F. Atwell
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steven C. Brown
Director of Planning, Zoning and Development Michael Tompldus
Director of Utilities Randolph W. Shoemaker
Planner Gene Arner
DISCUSSION
Mr. Brown addressed the Council summarizing the work that has been done since the 1984 annexation. He
stated that master plans have been prepared for the water and sewer systems. "No action of the Council is
required at this time since the town is still under a moritorium for annexation through 1994." "We would like
to know this Council's general direction as to how to pursue annexation and utility service extensions."
Mr. Tompkins introduced Planner Gene Arner.
Mr. Webb asked if the town really wants to consider additional annexation at this time or even in 5 to 10 years
from now?
Mayor Clem stated that this is only an informational meeting for the Council.
Mr. Arner addressed the Council providing a comprehensive presentation of potential future annexation
policies which are derived from state law and county policies.
Ms. Umstattd asked if Harper Park falls within the Lee Business Center?
Ms. Umstattd asked if the town will charge the county portion of Woodlea Manor the same amount of money
for water and sewer then we would the town portion?
Mr. Brown stated yes that is the policy.
In summary Mr. Arner stated that state law supports annexation of land limits served by public utilities.
County policy supports annexation of land served by public utilities, however, it does limit annexation to the
urban growth areas. In the specific policies, utility extensions outside the municipal area of the town are
forbidden until 1994 except for those specific areas mentioned or by mutual agreement.
Mr. Trocino asked if there is a moritodum on petitions for city status?
Ms. Welsh stated that there is presently legislation that will come up at the next legislative session pushing
for a moritorium on transition to city status. She stated that it may be a moot point by 1994, in regards to
city status as there may not be any more cities provided for in Virginia.
Ms. Umstattd asked, as of right now, is there such a moritorium?
Ms. Welsh answered, no.
Mr. Brown pointed out that the previous town Council is on record having supported the current urban growth
area.
Ms. Wel~b explained that the county's policy, comprhcnsive plan, general plan is to concentrate growth within
thc existing towns. Thc county is promoting with all thc towns that annexation agreements be developed
between the towns and counties so that a coordinated development can exist.
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Mr. Trocino stated that it is important as a policy for the town to explore a near-term future annexation rather
then a far-term annexation. ~Vhen you investigate all five of those guidelines you will see that the intent of
service - the government that is closest to the people serves it best. That has proven true for all of the
annexations that I have been involved with." Mr. Trocino stated that his interest is for not only the current
residents but also for future residents. ~Leesburg is not an island and if the town can provide the water and
sewer as invisionedby the agreement better then the Sanitiation Authority can and provide municipal services
at a higher quality then it is in the interest of the new and current residents for the town to strongly consider
annexations. The Council needs to spend time and staff efforts and begin thinking in terms of a policy about
annexation now.
Ms. Umstattd stated that the town is not currently built out. She agreed with Mr. Trocino, in that, the town
does owe a duty to it's current residents. She disagreed with owing a duty to some speculative future
residents. She stated that there are developers who own land within the current town limits who need water
and sewer. ~If we start sending it out of town the guys in town are not going to be able to get it unless we
hit our citizens with another major water and sewer bill increase.~ She stated that she is interested in saving
what the town has for the people in town.
Mr. Webb stated that the town does not have any choice with regard to providing River Creekwith water and
sewer and that this type of development would be an asset to the town.
Ms. Umstattd stated that she is not aware of any contract stating that the town would have to provide water
and sewer to River Creek. She stated that the town has the policies that basically say that ~yes that is within
the town's urban growth area so at some point we will be sending water and sewer there, but what do we do
about the folks in town who still need it? The town should come first the River Creeks should come second.
Mr. Atwell stated that there are two purposes for annexation. One, is to capture tax base and another for
planning purposes - to have some degree of control over what develops outside of the corporate limits of the
existing town. He stated that he is more inclined, at this point, to lean in the direction of any thoughts of
annexation for the planning purpose - having some control over development. He expressed concern if the
town does not prepare itself to be in a position to move in one direction or another at the appropriate time.
Part of the duty to those within the current limits of the town may be to be able to adequately control what
is outside of the town. This Council has the authority to set the policy to establish the charges - user fees for
those utilities that would be outside of the present corporate limits of the town.
Mr. Atwell referred to Woodlea Manor and asked if the town would be able to enter into a boundary
adjustment agreement to correct the situation.
Ms. Welsh stated that a boundary line adjustment is available through the present court systems only to adjust
the boundary line. There can be no agreements attached. No agreements in regards to sewer, zoning issues
or conditions on the development of the property.
Ms. Umstattd agreed on the basic premise that Leesburg should control it's future, wit is essential, if utilities
are run out to developments like River Creek, to have conditions on the kind of development that can go in
there.
Mr. Trocino agreed with Ms. Umstattd, stating that in order to have control the town needs the planning
control to enter into those agreements. Right now the town can recommend all it wants but the county may
or may not agree with the town.
Ms. Umstattd stated that if the town is not absolutely legally bound to provide water and sewer to River Creek
before development within the town then the town has some bargaining power. ~If they want our water and
sewer before we have provided enough for everything within the town then they should be required to meet
fairly strict guidelines for their development.
Mr. Atwell questioned the LAMP and urban growth area and what the difference in the decisions that the
town may or may not make.
Mr. Arner stated that the AADP's state that the town will not have any extensions of water and sewer outside
the town's limits - which includes the urban growth area, until January 1994, unless agreed by the town and
the county. The LAMP deals with referral for review.
Mr. Brown suggested developing a work schedule because the town is approaching 1994.
Ms. Welsh suggested the Council provide some guidance to the town staff on what the Council is interested
in. Is the Council interested in pursuing an amendment to the present agreement or pursuing a totally
different agreement? What type of annexation? Is the Council interested in the annexation whereby the
Council renounces city status? Where you can take it in by ordinance any section at any time - that does not
commit the Council to take in any certain areas at any certain time? There are different types of annexations
and agreements that can be negotiated. There are also citizen annexations that can be initiated.
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Mr. Trocino expressed the importance of setting up a series of meetings to get into a mode where the Council
can handle annexation.
Mr. Brown suggested setting up a meeting around the first of January.
Mr. Blake asked that staff provide the Council with all the pertinent information ahead of time to allow the
Council to study it before the meeting.
Ms. Welsh stated that a package with all current information will be prepared and provided to the Council.
Mr. Atwell stated that the Council has a broad phylosophical decision on how large the Town of Leesburg
should be. At some point this decision should be made.
MOTION
On motion of, and duly seconded, the meeting was adjourned.
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Clerk of C~uncCil ~w
James E. Clem, Mayor
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