HomeMy Public PortalAbout2011_09_27_R119 Adopting a Legislative program for 2012The Town of
Leesburg,
Virginia
PRESENTED September 27, 2011
RESOLUTION NO. 2011 -119 ADOPTED September 27, 2011
A RESOLUTION: ADOPTING A LEGISLATIVE PROGRAM FOR 2012
WHEREAS, the Mayor and Council have identified legislative items that are in the best
interest of the residents of the Town of Leesburg; and
WHEREAS, the Town Council desires to communicate these items to the elected officials
representing Leesburg to be addressed by the 2012 General Assembly.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the
attached 2012 Legislative Agenda and 2012 Legislative Positions Statement are hereby
established and are to be communicated to the elected officials representing Leesburg.
PASSED this 27 day of September, 2011.
P: \Resolutions\Resolutions 2011 \0927 2012 Legislative Agenda.docx
C. mstattd, Mayor
Town of Leesburg
Town of Leesburg
2012 Legislative Agenda
Town Charter Amendment
Should there be a successful referendum changing the date of Town elections from May to
November, the Town Council requests a Town Charter amendment to change the date of Town
elections and to extend the terms of office for the currently elected Mayor and Council Members as
necessary.
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.
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.
Definition of "Unsafe Structure"
The Town Council requests legislation that expands the definition of "unsafe structure" in the
Virginia Property Maintenance Code to include vacant or abandoned structures that are unsecure to
the extent that they can harbor vermin or wildlife.
Utility Line Relocation
The Town Council requests legislation that grants localities the authority to compel utility
companies to relocate utility lines in a timely manner, as needed for capital projects.
Transportation Funding
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.
Tree Save Efforts
Eminent Domain
Town of Leesburg
2012 Legislative Agenda
Conditional Zoning Actions Subsequent to Parcel Subdivision
The Town Council requests legislation that grants localities the authority to approve or amend
conditional zoning involving parcels that have been subdivided from a master parcel that was subject
to conditional zoning without having to obtain the concurrence of the owners of all parcels that were
subdivided from the original master parcel.
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.
The Town Council requests legislation that requires counties that impose a special real estate tax
for water quality funding to adequately compensate any towns within their jurisdictions that
maintain their own MS4 permits.
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.
The Town Council supports legislation that grants localities the authority to enforce compliance
with tree save regulations associated with private new construction projects.
The Town Council supports changes in VDOT road standards that would allow greater
flexibility to save mature trees during road construction, especially in medians.
The Town Council opposes the proposed constitutional amendment that mandates compensation to
landowners for any loss of access or for lost profits as the result of property taken or damaged for
public use related to the municipal powers of a locality.
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General Positions
Town of Leesburg
2012 Legislative Positions Statement
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 2011
Legislative Program and Policy Statements.
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Positions on Specific Issues
Town of Leesburg
2012 Legislative Positions Statement
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 thirty -six percent (36 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.
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Town of Leesburg
2012 Legislative Positions Statement
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.
Towing of Trailers
The Town Council supports legislation that grants localities the authority to tow trailers for unpaid
parking tickets.
Line of Duty Act
The Town Council supports the Virginia Municipal League's position that funding should
responsibility for the Line of Duty program should be returned to the Commonwealth.
Lyme Disease Eradication
The Town Council supports legislation that addresses the control and eradication of deer ticks that
carry Lyme disease within the Commonwealth.
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