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Metro Special Tax District-Vote NO!

Discussion in 'Broadlands Community Issues' started by TeamDonzi, Jun 6, 2012.

  1. beahmer

    beahmer Member

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    This is what I figured all along. Back room politics that will get Metro here and hose those of us that live close - whether we want it or not. ANy economic benefit I assume will stay in the Specials Tax Districts as well - right?
     
  2. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    Yes, a snapshot in time. But there is still no Federal funding for Phase II and that is, after all, what affects us. If this is so critical to Loudoun, why aren't the developers and the Feds paying for it? My guess is that it isn't a top priority. And on top of that, the Reston Citizens Group is trying to make the tolls based on distance to further increase the burden on Loudoun commuters.

    Just PILE it on people! This IS the richest county in the country!! Woohoo!

    Where did I put that pitchfork?
     
  3. mdcrim

    mdcrim Member

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    I'm going to contact the Virginia Attorney General's office to get some clarification regarding the legality of special tax districts. I would be very surprised and alarmed if the Board can enact them at whim. What about a special tax district round the commuter bus lot? What about one for around the "town centers"? If I learn anything interesting I will share.
     
  4. lilpea

    lilpea Member

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    mdcrim:

    In the Virginia Constitution, it specifically states a Tax Uniformity clause: which reads in part:... "[a]ll taxes shall be levied and collected under general laws and shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax."

    However the General Assembly recently passed 2 new(ish) laws:
    Va. Code. Ann. § 33.1-431 (adopted in 2005), which was a "Transportation Tax to allow certain localities to create a special tax to raise revenue exclusively for transportation improvements"

    Va. Code. Ann. § 1-3221.3(A) (adopted in 2009):
    "A District Tax that allows cities and counties in the Northern Virginia and Hampton Roads regions to create special transportation improvement districts within their localities to collect taxes."

    The reason I am bringing this up is, you rightfully questioned the legality of the Loudoun BoS creating a special tax district. As many may know Fairfax County created a "special tax district" to fund the Silver line, but the General Assembly granted Fairfax the authority to exempt residential lots before the tax district was created.

    FFX Enterprises sued Fairfax County and the Virginia Supreme Court (case #091883) took up this case, although a final disposition has yet to be rendered on this matter. The heart of the lawsuit is the "Constitutionality" of Counties imposing a special tax on a certain area, when the transportation improvement benefits the County as a whole.

    Sorry if my response was a bit wordy, but the question/issue you brought up seemed to warrant a factual response. That said I would be very curious to see how the VA Supreme Court rules on the case I mentioned above.

    Bottom line (for me), is Broadlands (and other residential lots) close to the 606 & 772 Metro stops should NOT be burdened with a special tax, when Metro benefits Loudoun County as a whole. Even it Loudoun can create a special tax district, the the General Assembly is NOT in legislative session until 2013. Loudoun does not have the authority to exempt residential lots. So if they create a new tax district to supplement funding for Metro, it is VERY likely residential lots will be hit with that additional tax.

    I am also of the mind set, that if the BoS creates this special Metro tax district, they should also create a special "Mountain View & Horse Farm" tax for the homeowners in Western Loudoun.
     
  5. mdcrim

    mdcrim Member

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    Thanks for the insight. I guess I am just having a hard time wrapping my head around this. Lived here for 12 years and watched the county grow up around me. Metro wasn't even a remote possibility when I moved here. I'm not necessarily against the metro but I think the funding proposals stink.
     
  6. flynnibus

    flynnibus Well-Known Member Forum Staff

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    No one seemed to have a fit or question the legality when Rt28 area was taxed specially to pay for the Rt28 improvements... because it wasn't 'NIMBY' and the tax was on the commercial properties.
     
  7. mdcrim

    mdcrim Member

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    One of my major concerns about this proposal is that it affects so few of us relative to to the county so most people don't care or are for it because it takes the burden off of them. We don't have enough support with our local Board reps because even of they vote against it there are still many more supervisors who are going to vote for it because it won't affect their constituents. That, coupled with a lack of transparency by the Board during this process, really concerns me.

    When Van metre wants to amend their plans for the property next to St. Teresa's, I get a certified letter about the proposed changes with a hearing date. When the Board is proposing to impose what could be a major financial burden on me and my neighbors, I get nothing, except one guy trying to notify the community with a handout. When I contact the members of the Board by email outlining my concerns, I hear crickets (only received one canned response). This is most concerning of all because it leads me to believe minds have already been made up. I really think this is going to happen and there is nothing we can do about it...
     
  8. dbrow

    dbrow Member

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    I think that the BOS could state up front before the 7/4 decision whether a Special Tax District would be part of the funding. Then the supervisors who have constituents in these areas could vote No on Metro. I am not sure what the vote count is now, and if that would change the outcome, but that would be the most transparent way to handle this.

    Has the Broadlands HOA approached Shawn Williams about a community meeting on this? I believe he is having a meeting in Ashburn Village.
     
  9. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    SW Hoa was at one point planning to send their "approval" for this project. I don't believe it's the job of an HOA to support or not a project, but only to get involved when their are special considerations like this. There are 2 supers who have ppl affected by this special tax, maybe 3 on the outer edges. The other 6 will vote for. Some want a county wide C & I tax, and others will block that because there is "virtually no benefit" to their people. The special tax is wrong on homeowners and on businesses. If this is the greatest benefit to LoCo, then the burden should be shared. Or better yet, GET THE DEVELOPERS TO PAY FOR IT ALL.
     
  10. latka

    latka Active Member

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    Why not let the users pay for it?
     
  11. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    Fares on our Metro cover a little less than half of the operational costs on a yearly basis. Hence, this form of transpo is subsidized by us. Fares would be $25 each way to come close to paying for all that metro costs. Probably more, not sure that anybody knows. As it is parking will be $10 and to ride round trip will likely be $12-$15 ballpark. (If I'm taking my kids on the metro, it's definitely cheaper to drive!) The rest paid by you and I and the DTR commuters...(more for us since we use more mileage on the road, think Turnpike, this is another proposal they are looking at)

    Fares on our Metro do not contribute AT ALL to the upfront Capital Costs for the Silver Line, nor to the Capital Costs for Phase I. As I understand it, if LoCo says YES to Metro, we owe $112MM to Phase I immediately. Then we will pay an average of $55MM each year to build it (30 years), then yearly upkeep is roughly $30MM, but with no ceiling.

    Even though the county hasn't saved much if any $$ for this project, the STD seem to be their preferred method to get cash, effective Jan. 2013 (proposed). This won't raise enough money (and not quickly enough) however, so ulltimately there will be a county wide prop tax increase as well.

    I'd rather my neighbors and I not be subjected to this form of double taxation. I think most of us agree, except maybe Flynn, that we shouldn't have the STD. (ha, still makes me laugh!=irony=never goes away!)
     
  12. afgm

    afgm Ashburn Farm Resident

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    Well TeamDonzi, look at it this way. Even thou you would choose to drive if you had a car load of kids, everyone of those folks riding the metro represents less cars on the road for you to deal with on your journey. Metro benefits more than those who use it all the time. As for tax districts that's not the way to go, there are other funding mechanisms that prove to be a more reasonable and workable approach.
     
  13. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    Yes, and Yes. It's the Tax Districts mostly, then the subsidy for 30 years or so. Still waiting for the developers to ante up.
     
  14. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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  15. mdcrim

    mdcrim Member

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    They should give free, priority parking at the metro for those of us stuck paying more for the metro. Then maybe I won't be so upset about the increase in taxes.

    All kidding aside, I think the tax districts can be successfully challenged in court. I can't see how the Board can make these decisions on a whim. And where does it stop? I know Leesburg needs some new interchanges. Special tax district! Commuter parking lot? Special tax district!

    There are some non-profit orgs that can get involved with assisting with lawsuits. I'm thinking class action with some major punitive damages. Then the entire county taxes can go up...
     
  16. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    Cannot attach an excel spreadsheet here, but here are some scenarios that need to be shared with everyone in the Special Tax District.

    One house is 700K value now. The other is 600K value now (grey)

    Worst case equals a tax increase of $2159 per year, just for a metro. I don't believe it'll stop there however.

    The BEST option for us is to have developers pay, otherwise have the whole county pay.
     

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  17. T8erman

    T8erman Well-Known Member

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    Well, If our homes do NOT increase in value, do we get a rebate check? I for one will hold my breath! ;)
     
  18. jdhauer

    jdhauer Active Member

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    I'm a bit peeved right now with the latest email I've received from Shawn Williams concerning my contacting him regarding special tax districts. He's called me misinformed and claims I've been reading yellow fliers. I'm pretty insulted. He's an elected representative and it's my right to contact him with my opinion on any matter concerning the Board of Supervisors and Loudoun County.

    I didn't say anything about opting in or opting out other than that I urge him to vote no if there are any special tax districts set up to tax any residential units in the county.
     
  19. mdcrim

    mdcrim Member

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    The elected officials that I have heard back from are very careful in their wording. Here are some examples:

    ..."the full board will NOT support a 21 cent special tax district for a two mile radius"...

    Notice "full board", "21 cent special tax district", "two mile radius"

    Interpretation- a majority of the board will support it, maybe a different than 21 cent rate, maybe a different radius.

    Another:

    ..."more realistic plan" ... "does not include any new taxes on current homeowners"

    Interpretation- we may grandfather you in but when you sell your house the new homeowner will be on the hook.
     
  20. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    @JD, ask Shawn why there is a 2-mile map on the county website
     

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