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HomeMy Public PortalAbout2013_M041 2014 Legislative Agenda and Positions Statement COUNCIL MEETING September 24, 2013 MOTION 2013-041 I move to approve the 2014 Legislative Agenda and Legislative Positions Statement as presented. 1 I Page (5fLFFS,•F% ; ,, Town of Leesburg 2014 Legislative Agenda -._R G tNll:•:. • 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. • Northern Virginia Transportation Authority • Voting Representation: The Town Council requests amendment of State Code Section 15.2- 4832 to provide towns located within counties embraced by the Northern Virginia Transportation Authority voting representation on the Authority. • Revenue Distribution: The Town Council requests amendment of State Code Section 15.2- 4838.1 to clarify that the distribution of the 30 percent of NVTA revenues to the localities includes distribution to towns and shall be based on point of sale. • Transit Operations: The Town Council requests amendment of State Code Section 15.2-4838.1 to clarify that localities may use NVTA revenue to fund the operating costs of public transit systems. • Transit Funding The Town Council requests that the process for awarding state funding to localities through the Department of Rail and Public Transportation for the operation of public transit systems be streamlined into a single annual appropriation based on both cost and system performance factors, providing a minimum of 25%reimbursement of total operating costs. • 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 requests 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. • County Enforcement of Uniform Statewide Building Code in Towns 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. • Overlapping Town and County Powers The Town Council supports amendments to State Code Title 15.2 that clarifies powers and authorities of towns and counties with respect to overlapping functions. Town of Leesburg 2014 Legislative Agenda September 24,2013 • Business,Professional and Occupational License(BPOL) Taxes The Town Council opposes legislation that would eliminate the BPOL tax, unless current revenue from the BPOL tax is replaced with new local revenue that is distributed directly to each locality based on point of sale. Further,the Town Council requests that if the BPOL tax is eliminated localities be granted the authority to issue an annual license to businesses physically located within the locality for a nominal fee. • Precious Metals Dealers The Town Council requests amendments to State Code Section 54.1-4100 to exempt retail merchants with a permanent place of business for whom purchases of precious metals account for less than 5%of the merchant's total business from regulations regarding precious metals dealers. • Eminent Domain Appraisal Process The Town Council requests amendments to State Code Title 25.1 that would require parties in condemnation proceedings to agree upon a single independent appraiser to determine the fair market value of the property in question. • 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 in the following locations: • Edwards Ferry Road at the Route 15 Bypass, incorporating the intersection of Fort Evans Road and the Route 15 Bypass, as well as facilities that will allow safe pedestrian passage across the Bypass • Battlefield Parkway at Route 7 (East Market Street) • Battlefield Parkway at the Route 15 Bypass • 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. • 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 highway medians. 2 OF_ I-4: o Town of Leesburg T 2014 Legislative Positions Statement LIR GSfis0 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. 1 2014 Legislative Positions Statement Adopted—September 24,2013 Positions on Specific Issues • Transportation Funding • 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; • 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. 2 2014 Legislative Positions Statement Adopted—September 24,2013 • 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. • 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. • Local Authority to Prohibit Firearms on Public Property The Town Council supports legislation that authorizes localities to adopt ordinances that prohibit firearms and ammunition on property owned or leased by the locality. • Legal Notice Publication The Town Council supports legislation that would give localities the authority to post legal notices on websites as a substitute for publishing legal notices in newspapers. 3 2014 Legislative Positions Statement Adopted—September 24,2013 • State Funding for School Resource Officers The Town Council supports legislation that would provide state funding for school resource officers at all public elementary, middle and high schools. • Virginia Public Procurement Act The Town Council supports the positions of the Virginia Association of Governmental Purchasing on legislation regarding the Virginia Public Procurement Act. 4