HomeMy Public PortalAbout025 2012 Legislative AgendaCOUNCIL MEETING October 23, 2012
MOTION 2012 -025
I move to approve the 2013 Legislative Agenda as presented this evening and discussed
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Town of Leesburg
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2013 Legislative Agenda
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• Thomas Balch Library Endowment Fund
The Town Council requests amendment to the Town's charter that would allow the Town to
establish an endowment fund in support of the Thomas Balch Library.
• City Status
The Town Council requests amendment of State Code Section 15.2 -3201 and Section 15.2 -3800 to
terminate restrictions on the granting of city charters to towns with populations more than 40,000.
• Restoration of HB 599 Law Enforcement Assistance Funding
The Town Council requests that the General Assembly fully restore HB 599 Law Enforcement
Assistance Funding to funding levels per the established formulas.
• Revision of the Local Fines & Fees Distribution
The Town Council supports a revision of the local fines and fees distribution that allows localities to
retain all fines and fees resulting from citations issued by local law enforcement officers.
• Add Real Estate Property Tax to Incentives Offered by Arts & Cultural Districts
The Town Council requests amendment of State Code Section 15.2 - 1129.1 that specifically lists real
estate property tax rebates and/or reductions as a tax incentive that may be offered in local arts and
cultural districts.
• County Enforcement of Uniform Statewide Building Code in Town
The Town Council requests amendment of State Code Section 36 -105 to clarify that if a town does
not have a building department, no agreement is required between the town and the county for the
county to enforce the Uniform Statewide Building Code within the town.
Eminent Domain "Clean Up" Legislation
Should the Eminent Domain constitutional amendment referenda be approved in the November 2012
general election, the Town Council requests that the General Assembly address certain related issues
in the State Code, including:
• Definitions and limitations of lost profits and lost access.
• The ability of municipally -owned utilities to use eminent domain for the extension of utility lines
without falling under the jurisdiction of the State Corporation Commission.
Town of Leesburg
2013 Legislative Agenda (Approved October 23, 2012)
• Double Taxation for Duplicate Services
The Town Council supports amendments to State Code Title 15.2 that exempts town residents from
taxation for county services not provided to town residents because those services are provided by
the town.
The Town Council also supports the addition of proposed new State Code Section 15.2 -110
regarding overlapping town and county powers.
• Stable, Dedicated Funding for Intermodal Transportation Facilities
The Town Council requests that the General Assembly dedicate additional state and regional
transportation funding for highway, transit, bicycle and pedestrian improvements from stable,
reliable, proven and permanents sources of revenue.
• Construction of Grade - Separated Interchanges
The Town Council requests dedicated funding for the construction of grade - separated interchanges
to replace the current at -grade signalized intersections of the Route 15 Bypass & Battlefield
Parkway, the Route 15 Bypass & Edwards Ferry Road, and Route 7 & Battlefield Parkway.
• Water Quality Funding
The Town Council adopts the Virginia Municipal League's position on water quality funding, urging
the federal government and the Commonwealth of Virginia to provide adequate funding for capital
improvements to sewage treatment plants, stormwater systems, sanitary sewer overflow systems and
combined storm and sanitary sewer overflow systems.
• Repeal HB 1307 (Temporary Family Health Care Structures)
The Town Council requests the repeal of HB 1307, which requires that localities allow temporary
family health care structures as a by -right use in all residential zoning districts.
• Derelict Temporary Non - residential Structures
The Town Council requests amendments to State Code Title 15.2, Chapter 9 that would grant
localities the authority to demolish derelict temporary non - residential structures and place liens on
the properties for the costs of demolition.
• Tree Save Efforts
• The Town Council requests amendments to State Code Section 15.2 -961 that would grant
localities the authority to require private new construction projects to save existing trees.
• The Town Council supports changes in VDOT road standards that would allow greater
flexibility to save mature trees during road construction, especially in medians.
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Town of Leesburg
Fs 9 2013 Legislative Positions Statement
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General Positions
• Oppose any reduction of local taxing authority.
The Town Council opposes any reduction or narrowing in the taxing authority of local governments,
including but not limited to business license tax, machinery & tools tax and meals tax. Further, the
General Assembly should not take any action to restrict the use of current local revenue sources.
• Oppose any reduction of local land use authority.
The Town Council opposes any legislation that weakens local authority to plan and regulate land
use, zoning and property maintenance. This authority should remain with local governing bodies.
The Town Council generally supports the granting of additional land use, zoning and property
maintenance authority to localities, especially in areas experiencing high rates of sustained growth,
and as a means to address the fiscal burdens experienced by localities in providing needed public
services to local residents.
• Oppose any unfunded mandates.
The Town Council opposes any new state mandates that are not fully funded by the Commonwealth,
and opposes the shifting of fiscal responsibility from the state to localities for existing programs.
• Support revenue sharing with state.
The Town Council supports any state revenue sharing formula to assist local governments with
public infrastructure needs so long as the formula includes recognition of the needs in high growth
localities.
• Support the VML Policy Statement.
The Town Council supports the positions of the Virginia Municipal League, as stated in their 2013
Legislative Program and Policy Statements.
Town of Leesburg
2013 Legislative Positions Statement
Approved October 23, 2012
Positions on Specific Issues
• Transportation Funding
• Funding for Northern Virginia Projects. The Town Council seeks, with other Northern
Virginia jurisdictions, the reinstatement of exclusive Northern Virginia revenues in the range
of at least $300 million annually, as well as Northern Virginia's portion of additional statewide
revenues to address transportation needs not originally covered by the HB 3202 funding
approved for Northern Virginia.
New Statewide Dedicated Revenue Sources. The Town Council requests, with other
Northern Virginia jurisdictions, that the General Assembly adopt new statewide transportation
revenue sources to bolster existing highway and transit revenue sources which are not
generating sufficient funding to meet the Commonwealth's critical transportation needs, or to
meet the Commonwealth's statutory 95 percent share of eligible transit operating and capital
costs (net of fares and federal assistance). This additional transit funding alone would require
approximately $166 million annually in new funds for the limited transit projects and eligible
operating costs included in CTB's six -year program.
• The Town Council supports state policy changes to reduce state oversight of locally
administered transportation projects. Such oversight is duplicative, cumbersome, and
inefficient resulting in unnecessary delays and costs. Periodic state audits of locally
administered projects would be more efficient and better policy than constant, day to day
oversight.
• The Town Council supports state policy changes to mandate further refinement of VDOT cost
estimates for transportation projects in an effort to improve accuracy and thus reduce time lost
due to the accumulation of unnecessary excess funds. In those circumstances when excess
funds are unavoidable, allow those funds to be allocated to other projects more efficiently.
• Transient Occupancy Tax
The Commonwealth should not allow online travel companies to avoid paying the full transient
occupancy tax and the Town Council supports legislation to clarify this in statute.
• Prohibit Predatory Lending Practices (Council Resolution, July 13, 2010)
The Town Council supports legislation that prohibits all predatory, usurious lending practices,
including but not limited to provisions that would:
• Impose an interest rate cap of eighteen percent (18 %) above the prime lending rate, calculated
as an effective annual percentage rate including all fees or charges of any kind, for any
consumer credit extended in the Commonwealth of Virginia;
• Prohibit a creditor's use of a personal check or other device as a means, directly or indirectly,
to gain access to a consumer's bank account;
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Town of Leesburg
2013 Legislative Positions Statement
Approved October 23, 2012
• Incorporate into the Virginia Code the protections regarding consumer credit to military
personnel as reflected in the Military Lending Act, 10 United States Code, Section 987.
• Independent Consumer Advocate for Transmission Line Issues
The Town Council supports legislation that creates an independent office of the consumer
advocate within State government to actively participate in transmission lines issues before the
State Corporation Commission.
• Conditional Zoning (Cash and In -Kind Proffers)
The Town Council supports existing local authority to accept cash and in -kind proffers from
developers to assist localities in financing the capital facilities and infrastructure needed to serve
new development and opposes legislation to eliminate or restrict that authority.
• Utility Rates & Connection Fees
The Town Council supports the existing authority of localities or locally created authorities to
impose utility rates and connection fees adequate to support the full cost of water, wastewater and
stormwater utility systems, and opposes any legislation that would limit that authority.
• Higher Education Presence in Leesburg
The Town Council requests funding for a state - supported higher education presence in the Town
of Leesburg.
• Enforcement of Recycling Regulations
The Town Council supports legislation that grants localities the authority to enforce compliance
with environmental regulations.
• Civil Zoning Fines
The Town Council supports legislation that grants localities the authority to collect unresolved
civil zoning fines in the same manner as real estate taxes and levies are collected.
• Line of Duty Act
The Town Council supports the Virginia Municipal League's position that funding responsibility
for the Line of Duty program should be returned to the Commonwealth.
• Distance -Based Tolls on the Dulles Greenway
The Town Council opposes legislation that would mandate distance -based tolls on the Dulles
Greenway toll road.
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Town of Leesburg
2013 Legislative Positions Statement
Approved October 23, 2012
• Equalized City and County Taxing Authority
The Town Council supports legislation that would equalize city and county taxing authority. Such
legislation would provide Loudoun County with additional revenue sources that could help reduce
the burden on residential real estate taxes which are paid by Town residents.
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