HomeMy Public PortalAbout2016_11_15_R151 2017 Legislative Agenda The Town of
Leesburg,
Virginia PRESENTED November 15, 2016
RESOLUTION NO.: 2016-151 ADOPTED November 15, 2016
A RESOLUTION: ADOPTION OF THE LEGISLATIVE AGENDA AND POSITIONS
STATEMENT FOR THE 2017 VIRGINIA GENERAL ASSEMBLY
LEGISLATIVE SESSION
WHEREAS,the Virginia General Assembly will convene on January 11, 2017 for the 2017
Legislative Session; and
WHEREAS,the Town of Leesburg has specific legislative initiatives that it would like to
see addressed during the General Assembly session; and
WHEREAS,the Town of Leesburg has developed a Legislative Agenda to request specific
legislative actions; and
WHEREAS, the Town of Leesburg has developed a Legislative Positions Statement to
provide general guidance on various topics for Town staff and state legislators; and
WHEREAS,the Mayor and Town Council of Leesburg have invited state legislators to an
informational legislative dinner on November 28 to present the Town's 2017 Legislative Agenda
and Positions Statement and to discuss legislative, regulatory, and policy issues that impact the
Town.
THEREFORE,RESOLVED by the Council of the Town of Leesburg in Virginia that the
Town's 2017 Legislative Agenda and Positions Statement are adopted as presented.
PASSED this 15th day of November. 2016.
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David S. Butler, Mayor
Town of Leesburg
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Clerk of Coup,
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1 (Issues are not arranged in priority order)
2
3 A. Dam Safety Funding and Regulations
4 The Town Council urges the federal government and the Commonwealth of Virginia to provide
5 adequate funding for high hazard dam inspection, maintenance, and reconstruction.
6
7 B. City Status
8 The Town Council requests amendment of State Code Section 15.2-3201 and Section 15.2-3800
9 to eliminate restrictions on the granting of city charters to towns with populations more than
10 40,000.
11
12 C. Expand Criminal Trespass Statutes (New)
13 The Town Council requests the expansion of the criminal trespassing statutes to prohibit the
14 unauthorized entry of private unmanned aircraft and other advanced technological devices upon
15 the property of another for the purpose of capturing audio or video data.
16
17 D. State Maintenance Funds for Roadway Paving (New)
18 The Town Council requests that the Virginia Department of Transportation continue funding
19 road maintenance through the two programs established to help localities with roadway
20 maintenance, the Revenue Sharing maintenance program and the State of Good Repair program.
21
22 E. Wireless Communication Facility Placement (New)
23 The Town Council opposes any legislation that limits the Town's authority to regulate the
24 placement of wireless communication facilities in Town right of way and on Town-owned
25 facilities.
26
27 F. Repeal or amendments to Va. Code § 15.2-2303.4 to allow residential rezonings to include
28 voluntary proffers (New)
29 Repeal or amend 15.2-2303.4 to support existing local authority to accept cash and in-kind
30 proffers from developers to assist the Town in financing the capital facilities and infrastructure
31 needed to serve new residential development and oppose legislation to eliminate or restrict that
32 authority.
33
34 or in the alternative,
35
36 Requests the General Assembly appoint a committee to study the new legislation to recommend
37 future amendments to address unintended consequences resulting from the 2016 amendments.
38
39 G. Short-Term Rental (Airbnb, etc.) Regulations (New)
40 Ensure Town land use and taxing authority over short-term residential rentals.
41
42
43
44
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45 H. Regulations Regarding the Parking of Certain Vehicles on Public Streets (New)
46 The Town Council requests that the General Assembly add the Town of Leesburg to Va. Code §
47 46.2-1222.1(A). This would permit the Town to regulate or prohibit, by ordinance, the parking
48 on any public highway in the Town of any or all of the following: (i) watercraft; (ii) boat trailers;
49 (iii) motor homes, as defined in § 46.2-100; and (iv) camping trailers, as defined in § 46.2-100.
50 Additionally, this would ensure the Town's authority to regulate or prohibit the parking of
51 commercial vehicles, trailers or semitrailers, vehicles with three or more axles, vehicles having a
52 GVW rating of 12,000 or more pounds (which may not be classified as "commercial vehicles"),
53 and other such vehicles as listed in subsection B of§ 46.2-1222.1.
54
55 I. Business, Professional and Occupational License (BPOL) Taxes
56 The Town Council opposes legislation that would eliminate the BPOL tax, unless current
57 revenue from the BPOL tax is replaced with new local revenue that is distributed directly to each
58 locality based on point of sale. Further, the Town Council requests that if the BPOL tax is
59 eliminated, localities be granted the authority to issue an annual license to businesses physically
60 located within the locality for a nominal fee.
61
62 J. Water Quality Funding
63 The Town Council urges the federal government and the Commonwealth of Virginia to provide
64 adequate funding for capital improvements for sewage treatment plants, Total Maximum Daily
65 Loads (TMDLs) requirements, MS-4 Permits, and other stormwater systems.
66
67 K. Tree Save Efforts
68 The Town Council requests amendments to Virginia Code Section 15.2-961.1 that would
69 strengthen localities' ability to require private new construction projects to save existing trees.
70
71 L. Bills of Financial Impact to the Town
72 Reinstate the requirement that bills resulting in a net expenditure and/or net decrease in revenue
73 for local governments be filed on or before the first day the legislature convenes.
74
75 M. Procurement
76 Supports the Virginia Association of Government Purchasing's position to re-establish
77 authority for cooperative purchasing for construction contracts under$200,000.
78
79 N. Chesapeake Bay TMDL and State Water Quality Management Planning Regulation
80 The Town Council supports the Virginia Municipal Wastewater Association's position
81 opposing revision of existing nutrient allocation of dischargers (local governments, authorities
82 and industrial facilities) for the purpose of transferring allocation to new facilities.
83
2017 Legislative Agenda(Adopted 11-15-16)
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s i 2017 Legislative Positions Statement
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1 GENERAL POSITIONS
2 (Issues are not arranged in priority order)
3 A. Oppose any reduction of local taxing authority
4 The Town Council opposes any reduction or narrowing of the taxing authority of local
5 governments, including but not limited to business license tax, machinery & tools tax and meals
6 tax. Further, the General Assembly should take no action to restrict the use of current local
7 revenue sources.
8 B. Oppose any reduction of local land use authority
9 The Town Council opposes legislation that weakens local authority to plan and regulate land use,
10 zoning and property maintenance. This authority should remain with local governing bodies.
11 The Town Council generally supports the granting of additional land use, zoning and property
12 maintenance authority to localities, especially in areas experiencing high rates of sustained
13 growth, and as a means to address the fiscal burdens experienced by localities in providing
14 needed public services to local residents.
15 The Town Council supports existing local authority to accept cash and in-kind proffers from
16 developers to assist localities in financing the capital facilities and infrastructure needed to serve
17 new development and opposes legislation to eliminate or restrict that authority.
18 C. Oppose any unfunded mandates
19 The Town Council opposes any new state mandates that are not fully funded by the
20 Commonwealth, and opposes the shifting of fiscal responsibility from the state to localities for
21 existing programs.
22 D. Support revenue sharing with state
23 The Town Council supports any state revenue sharing formula to assist local governments with
24 public infrastructure needs, so long as the formula includes recognition of the needs in high
25 growth localities.
26
27 POSITIONS ON SPECIFIC ISSUES
28 (Issues are not arranged in priority order)
29 E. Transportation Funding
30 i The Town Council supports state policy changes to reduce state oversight of locally
31 administered transportation projects. Such oversight is duplicative, cumbersome, and
32 inefficient, and results in unnecessary delays and costs. Periodic state audits of locally
33 administered projects would be more efficient and better policy than constant, day to day
34 oversight.
35 ii The Town Council supports state policy changes to mandate further refinement of VDOT
36 cost estimates for transportation projects in an effort to improve accuracy and thus reduce
37 time lost due to the accumulation of unnecessary excess funds. In those circumstances when
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38 excess funds are unavoidable, allow those funds to be allocated to other projects more
39 efficiently.
40 iii Construction of Grade-Separated Interchanges
41 The Town Council requests dedicated funding for the construction of grade-separated
42 interchanges to replace the current at-grade signalized intersections in the following
43 locations:
44 (a) Edwards Ferry Road at the Route 15 Bypass, incorporating the intersection of Fort
45 Evans Road and the Route 15 Bypass, as well as facilities that will allow safe
46 pedestrian passage across the Bypass
47 Status: Interchange Justification Report (IJR) underway. This VDOT managed
48 project has $2 million in NVTA funds allocated for study and design work.
49 (b) Battlefield Parkway at Route 7 (East Market Street)
50 Status: NVTA and VDOT agreement complete. $13 million in NVTA funds and 25
51 million in NVTA funds have been secured. County and Town will request $XX
52 million in 2018 NVTA Funds
53 (c) Battlefield Parkway at the Route 15 Bypass
54 Status: Town has applied for $50 million in HB-2 funding from VDOT. IJR has not
55 been funded
56 F. Transient Occupancy Tax
57 The Commonwealth should not allow online travel companies to avoid paying the full transient
58 occupancy tax and the Town Council supports legislation to clarify this in the state code.
59 G. Civil Zoning Fines
60 The Town Council supports legislation that grants localities the authority to collect unpaid and
61 delinquent civil zoning fines in the same manner as real estate taxes and levies are collected.
62 H. Local Authority to Prohibit Firearms on Public Property
63 The Town Council supports legislation that authorizes localities to adopt ordinances that prohibit
64 firearms and ammunition on property owned or leased by the locality.
65 I. Prohibit Predatory Lending Practices (Council Resolution, July 13, 2010)
66 The Town Council supports legislation that prohibits all predatory, usurious lending practices,
67 including but not limited to provisions that would:
68 i. Impose an interest rate cap of eighteen percent (18%) above the prime lending rate,
69 calculated as an effective annual percentage rate including all fees or charges of any kind, for
70 - any consumer credit extended in the Commonwealth of Virginia;
71 ii. Incorporate into the Virginia Code the protections regarding consumer credit to military
72 personnel as reflected in the Military Lending Act, 10 United States Code, Section 987.
73
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74 J. Utility Rates & Connection Fees
75 The Town Council supports the existing authority of localities or locally created authorities to
76 impose utility rates and connection fees adequate to support the full cost of water, wastewater
77 and stormwater utility systems, and opposes any legislation that would limit that authority.
78 K. Higher Education Presence in Leesburg
79 The Town Council requests funding for a state-supported higher education presence in the Town
80 of Leesburg.
81 L. Independent Consumer Advocate for Transmission Line Issues
82 The Town Council supports legislation that creates an independent office of the consumer
83 advocate within State government to actively participate in transmission lines issues before the
84 State Corporation Commission.
85 M. Enforcement of Recycling Regulations
86 The Town Council supports legislation that grants localities the authority to enforce compliance
87 with recycling regulations.
88 N. Line of Duty Act
89 The Town Council supports the Virginia Municipal League's position that funding responsibility
90 for the Line of Duty program should be returned to the Commonwealth.
91 O. Legal Notice Publication
92 The Town Council supports legislation that would give localities the authority to post legal
93 notices on websites as a substitute for publishing legal notices in newspapers.
94 P. Restoration of HB 599 Law Enforcement Assistance Funding
95 The Town Council requests the General Assembly fully restore HB 599 Law Enforcement
96 Assistance Funding to funding levels per the established formulas. The Town has lost
97 approximately $171,000 each year since 2009 in reduced funding from the state.
98 Q. State Funding for School Resource Officers
99 The Town Council supports legislation that would provide state funding for school resource
100 officers at all public elementary, middle, and high schools.
101 R. Virginia Public Procurement Act
102 The Town Council supports the positions of the Virginia Association of Governmental
103 Purchasing on legislation regarding the Virginia Public Procurement Act.
104 S. Non-partisan Redistricting that Preserves Jurisdictional Boundaries
105 The Town Supports redistricting reform, including the use of a non-partisan independent
106 commission to draw state legislative and Congressional lines based on specified and consistent
107 criteria, including insofar as possible preservation of the integrity of existing city, town, county,
108 and precinct lines.
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109 T. Regional Greenhouse Gas Initiative and Commonwealth Resilience Fund
110 The Town Council supports VML in urging the General Assembly to address greenhouse gas
111 emissions targets through a Regional Greenhouse Gas Inventory (RGGI) carbon credit auction,
112 and/or a carbon emissions tax. All proceeds derived from the auction of credits should be used
113 to establish the "Commonwealth Resilience Fund", a special state dedicated fund to assist
114 localities in addressing flooding, energy efficiency improvements, and economic development.
115 U. Chesapeake Bay TMDL and State Water Quality Management Planning Regulation
116 The Town Council supports the Virginia Municipal Wastewater Association's position opposing
117 revision of existing nutrient allocation of dischargers (local governments, authorities and
118 industrial facilities) for the purpose of transferring allocation to new facilities.
119 V. Residential Overcrowding and Blighted Structure Regulations
120 The Town Council supports additional local authority to investigate and enforce residential
121 overcrowding, and blighted structure renovation or removal.
122 W. State Corporation Commission Public Hearing Requirements
123 The Town Council supports a requirement that the State Corporation Commission hold a public
124 hearing on matters relating to the sighting of power transmission lines when an affected locality
125 provides a written request for a public hearing.
2017 Legislative Positions(Adopted 11-15-16)