Erica Garman at 12:48 p.m., July 21, 2008 (13 comments)
My grass turns brown and brittle in this July heat.
I tell myself that I will not water today to a) conserve water and b) to save money, but truthfully, it’s really c) laziness, that prevents me from dragging the hose around the yard.
For some residents who live in communities just outside the town of Leesburg, they are choosing b) save money, as the reason they are not watering their lawns… or washing their cars… or letting the kids frolic through the sprinklers.
These “out-of-towners,” you see, get their water from the Town of Leesburg’s water utility, and, through an agreement worked out long ago with the developers of these neighborhoods, they pay a higher water rate than in-town residents.
Stewart Curley has lived in River Creek for eight years. During that time, he’s seen his water rates climb and now double. And because of a seasonal surcharge, he says residents are charged 2.7 times what in-town residents pay during these summer months.
Curley estimates that his family of four paid about $2,000 in water bills last year.
In comparison, my household’s last two quarterly bills from Loudoun Water have hovered around $100. That’s for a family of four in a single-family home (with no teenagers, I might add).
These huge water surcharges are why some of the HOAs whose residents are affected—River Creek, Lakes at Red Rock, Spring Lakes and Lansdowne on the Potomac-- are suing the Town of Leesburg for what they say are unfair and unreasonable water charges.
“We realize we should pay a higher outside rate—since our communities are outside the town,” said Curley, “Just not to the point that it’s two and a half times higher.”
Officials from the Town of Leesburg argue that out-of-towners don’t pay town taxes and therefore, they’ve determined that a higher rate is justified to maintain the utility’s infrastructure.
Kelly Donnelly lives in Lakes at Red Rock with her husband and three children. The family purchased their home in 2000, and was not-- as is so often the case in these matters-- told by the developer that their water would be subject to a town surcharge.
Donnelly says their quarterly water bills are always over $400.
“I really hate that we don’t have a choice in the matter,” she said. “I also hate that we don’t use an extraordinary amount of water—these charges need to be more evenly distributed across the town.”
On July 9, Loudoun County Circuit Court Judge Thomas D. Horne set a trial date of Dec. 22 and 23.
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People need to do research before they buy. Expect a seller to tell you something you don't ask? C'mon!
Posted by mrgreen (anonymous) on July 22, 2008 at 10:11 a.m. (Suggest removal)
I don't get water from Leesburg (thank goodness!) but I do think it's a reasonable assumption on the part of a homebuyer to assume that they will pay the same rates for utilities that other people do. Who calls the electric or gas company to ask what the rates are for a particular neighborhood before they buy?
Posted by jt12 (anonymous) on July 22, 2008 at 11:03 a.m. (Suggest removal)
Point of clarification: Only homes in the West Goose Creek section of Lansdowne receive their water from Leesburg. The Lansdowne HOA is NOT a party in the lawsuit against the town.
I agree that buyers must do their homework, but I also agree with jt12 that, short of determining if a house is hooked to sewer or septic/well, a buyer would not inquire further and wouldn't expect a huge disparity in water rates within one community. Unlike resale purchasers, new home purchasers don't have the opportunity to ask to see recent utility bills.
An interesting argument that I have heard in favor of the lawsuit is that the homeowners in the affected area do not have any representation within the town's government and can't vote the b@$!@^#$ out -- something of a taxation without representation issue. The town's response (We gave you a chance to join the town and you blew it) was immature.
Sadly, it seems that failure to disclose works both ways. I have met people who are considering purchasing a home in the West Goose Creek section of Lansdowne; these potential buyers never received any information about the high water rates from the sellers or the realtors.
Posted by jleete (anonymous) on July 22, 2008 at 12:13 p.m. (Suggest removal)
I live in Spring Lakes, and I don't remember being told of the additional surcharge when I moved in 2002; a reasonable additional surchange I don't mind, but there is nothing reasonable about 100% more. My water was 1,200 dollars last summer in one quarterly bill for watering my lawn. I'm not asking that we not pay anything more, just something that is reasonable and not taking advantage of people outside of The Town of Leesburg.
Posted by dedmond (anonymous) on July 22, 2008 at 2:28 p.m. (Suggest removal)
You out-of-towners do know that if your rates go down, then the rates for Leesburg citizens will have to go up to compensate for the loss of income. You guys already pay LESS than us via lower taxes, even with the higher water! Not fair for YOU? No, it isn't fair for US. Most of the people inside Leesburg don't make half the salaries of the millionaire crybabies in River Creek or Lansdowne. The old, "I want it, and I want it CHEAPER". Sounds like pure greed to us Leesburg citizens.
Posted by GenuineRisk (anonymous) on July 22, 2008 at 4:50 p.m. (Suggest removal)
Leesburg water/sewer is funded by its customers. Taxes are not involved.
The surcharge was passed by the Town Council after we built near Leesburg. There's no way we could have anticipated that our rates would be increased while our neighbor's rates were not.
It's really a matter of integrity, or the lack thereof, as demonstrated by the Town Council.
Posted by dfhaines (anonymous) on July 23, 2008 at 11:15 a.m. (Suggest removal)
The facts is that most of the out of town residents pay HOA dues; this covers trash pickup,pools,tennis courts,playgrounds,bike/walking paths,and other amenities that town residents have covered under their taxes.In addition; the infrastructure( waterlines & sewer lines) were put in these communities by the developers at a cost to the builders that past it on the the buyers, so the Town had no out of pocket expense for those items. Now we were not given the opportunity to choose who our water provider would be when we chose to build here; Loudoun County and the Town had an agreement back in 1982. Why would anyone even think to ask questions about their water and sewer provider, and if there would be surcharges. One additional note, when the Town Council had a public hearing on this subject, the out of town residents ask why are the increases so dramatic, can you the council members and Mayor give us an explanation? The only response from anyone on the Council was,"Because we can". If you also note that the out of town residents have absolutely no recourse, we can't vote in the town elections, so we are stuck with the only action left to us, through the legal system. Once again taxation without representation, I think that might have something in common with the Boston Tea Party.
Posted by djhsmith2 (anonymous) on July 23, 2008 at 1:08 p.m. (Suggest removal)
First, The fact that out of towners do not pay Leesburg Taxes is irrelevant to the arguement since Leesburg Taxes in no way shape or form support the water utility. Second, Those living in the town like saying they pay double taxes, the inference is 100% more than the county residents. This is misleading, they pay anywhere from 18 to 19 % more. In fact, Mr. Curley's 2000 dollar water bill from last year is more than most Leesburg citizens pay in town taxes. The citizens of Leesburg know the out of towners are subsidizing their water bill and will do everything possible to keep this subsidy going, so they will not listen to logic and are not in any way interested in fairness. If the town's surcharge for water was 18 or 19% (same rate as Leesburg residents pay in additional taxes) this issue would not be before the courts. Truth is Leesburg water is overpriced and the politicians and residents aren't going to do anything about it as long as they can pass it off to someone else. The Leesburg politicians, especially the mayor and Ken Reid, remind of the Demogogues who encourage their citizens to take advantage of outsiders and even tell their voters that these people deserve less because they are not one of them. The truth is, the out of towners should be given an option to leave Leesburg Water, but the town would fight this because then they would have to pass the costs onto their residents. If I had my choice it would be seccession from Leesburg water and get water from our own water utility Loudoun County Sanitation Authority.
Posted by jvdamusis (anonymous) on July 28, 2008 at 3:16 p.m. (Suggest removal)
Who would expect a real estate agent to volunteer the truth about water rates? Unfortunately people move in and have no idea that the rates are so high. The Town of Leesburg is gouging these people. However, it is true that those same people argued and fought against paying Town taxes, even though they had water and sewer extended, because they thought there was no benefit to being a Town resident. Now they are paying the price. Cry me a river because you are paying more to water your lawn so it can look better than your next door neighbor.
Posted by chadster (anonymous) on July 28, 2008 at 4:28 p.m. (Suggest removal)
It's a shame that Leesburg residents agree that paying over 2.5 times the price they pay for water is somehow justified by the fact that "out of towners" do not pay taxes. City taxes are for city services such as police protection and trash removal. Us "out of towners" do not receive any of these services from Leesburg. Why should we pay more, in water surcharges, than Leesburg residents pay in city taxes, the latter of which can be deducted from federal and state income taxes?
So Leesburg residents think we are over watering our lawns to make them look like golf courses. Well, my house included, nobody's lawn looks like a golf course in the summer. Even in the winter months, we easily spend over $300 per quarter on nothing more than indoor water usage. So in addition to not watering our lawns, we should also be sentenced to not wash our dishes, or laundry? Of what crime have we been convicted?
I have read, with dismay, the rhetoric that the Leesburg residents and Town Council have adopted with regards to this issue. I find it ironic to read in the same local papers article after article of the decline of the various Leesburg business districts. Does anyone in Leesburg ever stop to think that all of these oppressive fees are actually hurting Leesburg businesses and residents financially more so than helping them? How many more small businesses need to close before someone starts to realize how large a neighboring population has been alienated? Maybe it's time for Leesburg to consider long term profits over short-sighted gains.
Posted by burak (anonymous) on August 5, 2008 at 12:17 a.m. (Suggest removal)
burak, good luck. I have yet to see one crappy Northern Virginia politician think with anything beyond their brain stem, let alone consider the long-term outlook.
Posted by Hoqenishy (anonymous) on August 5, 2008 at 5:58 a.m. (Suggest removal)
I live in Spring Lakes and moved to Leesburg in 1978. I dislike being named an “out of towner” even though I technically am. The rates we pay should be somewhat close to what everyone else pays. I feel sorry for the single family homeowners with large families.
Posted by cljean (anonymous) on August 5, 2008 at 11:33 a.m. (Suggest removal)
The Town of Leesburg seems to have a lot in common with the oil giants. None of them seem to care who they gouge.
Posted by varidakautner (anonymous) on August 11, 2008 at 4:52 p.m. (Suggest removal)
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