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HomeMy WebLinkAboutDecember 19, 1989 Special Meeting4 7 * 3 A Special Meeting of the Frederick County Board of Super- visors was held on December 19, 1989, 7:30 P.M., in the Board of Supervisor's Meeting Room, Frederick County Courthouse, Loudoun Street Mall, Winchester, Virginia. PRESENT Kenneth Y. Stiles, Chairman; Robert M. Rhodes, Vice - Chairman; Dudley H. Rinker; Roger L. Crosen; W. Harrington Smith, Jr. and Charles W. Orndoff, Sr. Mr. Orndoff was not present at the start of the meeting. CALL TO ORDER The Chairman called the meeting to order. ADOPTION OF AGENDA The Chairman asked that number 4, "Appoint Committee to Work with the City on Recommendations from 2020 Taskforce on Public Safety ",.be deferred at this time. The Board unanimously adopted the Agenda as amended. FROM THE ECONOMIC DEVELOPMENT COMMISSION FOR A V&&nUtin1 1, IVVU - hr It was noted that this was carried over from the Board meet- ing of December 13, 1989 and was part of the Finance Committee Report. The Economic Development Commission requests a General Fund supplemental appropriation of $43,489 and that Frederick County become the fiscal agent effective January 1, 1990. The County has remitted to the City our share of 89 -90 funding; therefore the total amount of $43,489 will be required to be reimbursed by the City. The Committee recommends approval. Upon motion made by W. Harrington Smith, Jr., seconded by Dudley H. Rinker and passed unanimously, the above request was approved. Mr. Orndoff arrived at this time. REQUEST FROM THE REGIONAL JAIL BOARD FOR A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF 3,000 FROM CONTINGENCY - The Clarke - Frederick- Winchester Regional Jail Board, at their meeting of December 14, 1989, approved a request to improve security at the existing jail by constructing a security enclosure for security personnel. Based on the quotes received, 474 a supplemental appropriation of $3,000 from Contingency to fund 10- 4306 - 3004 -00 is requested for Board approval. Upon motion made by W. Harrington Smith, Jr., seconded by Roger L. Crosen and passed unanimously, the above request was approved. CONTINUED PUBLIC HEARING ON PROPOSED BUSINESS PROFESSIONA AND OCCUPATIONAL LICENSE TAX - TABLED FOR The following citizens appeared before the Board to address the proposed BPOL tax: Mr. Riley explained that payment of this tax would not be due until January, 1991 and would be based on gross revenues for 1990. Mrs. Barbara Singhas, Opequon District, representing R. S. Singhas Trucking, questioned how this tax would be assessed against trucks and from what she was able to determine, it would be so much per truck and had nothing to do with gross receipts. Mr. Jeff Perry, of Perry Engineering, asked if this was gross sales or just those sales in Frederick County. Mr. Larry Tomek, representing Perry Engineering, asked for a more in depth explanation of gross receipts. Dr. Max Mandel, Veterinarian, with an office in the Opequon District and living in Back Creek District, asked what consti- tutes professional or is this more of a service tax for him. He stated that he was not clear on what would apply to him, profes- sional or service. Mr. Stiles explained to Dr. Mandel that he would not be taxed twice. Mr. Glen Whitacre, Gainesboro District, asked about double taxation, one man owes, I pay, that is twice and he felt everyone should be taxed not just the businessman. Mr. Rhodes explained to Mr. Whitacre what he would be pay- ing for his truck and that this tax is a fair tax where the current Merchants Capital is not. Mr. Vic Dill, Gainesboro District, felt that this was not a fair tax, everyone should be paying, and asked why farmers are exempt. 475 Mr. Stiles explained that Mr. Orndoff would pay on his abattoir business and he would be paying on the cows he and his brothers sell for others, and further that Mr. Rinker would also pay on the apples he purchases elsewhere to make his cider. Mr. Billy Sonner, Opequon District, owner of one truck, asked about all the people that would be moving to Wheatlands and working out of the County, why these individuals could not 11 be assessed a charge for their children to attend County schools. Mr. Stiles explained the State would not allow this to be done. Mr. Mike Webber, owner of Webber's Nursery, asked about what an individual would pay if he had the same type of business located in different locations. Mr. Rhodes replied four locations, four businesses. Mr. Webber stated that was not correct. Mr. Rhodes referred to 7 -11. Mr. Webber explained that gross receipts is inequitable and unfair and he did not see how the Board could do this. He 11 further stated that the people living in Wheatlands would be using Route 66 to get to work and this is where the tax dollars would be spent. Mr. Jim Wilson, County resident and businessman, stated that he felt this tax would push the small businessman out of business. He further explained that he did not feel anyone was opposed to supporting education in Frederick County but he felt it should be an across the Board tax rather than what is being proposed. He presented a petition carrying 600 signatures oppos- ing this tax. He further noted that the County is carrying $1,400,000 in delinquent taxes and the County should be making an all out effort to collect these taxes. Mr. Warren Golightly, Shawnee District and Tax Consultant, asked what tax forms would be needed if this tax is passed by the Board. Mr. Rhodes replied just schedule C. Im Mr. John Goode, Gainesboro District, asked what neighboring counties were doing regarding similar taxation. Mr. Ronnie Simkhovitch of Ronnie's garage, asked how this tax would affect the sale of trucks. Mr. Stiles replied that he assumed it would be the same as cars. Mr. Simkhovitch referred to trucks that are licensed elsewhere, that the County needs to have this policed. Mr. Rick Thweatt, Opequon District, asked how those that come into the County and do business without any license would be taxed as he felt this really needed to be checked into. Mr. Richard Goodwin, Back Creek District, in the paint and body business, asked about sales and service and the bookkeeping involved to separate these two when reporting time was due, and further that he felt it should be the same rate for everyone. Mr. Stanley Kerns, Gainesboro District, stated that he felt this tax should be paid by those individuals creating the need for the schools and services. Mr. John Taylor, Gainesboro District, in the trucking busi- ness, asked about the trucks that are licensed elsewhere and felt that as a small businessman he is paying all the tax he can afford to pay. Mr. Robert Luttrell, having a business in Stephens City but living in Clarke County, asked why would they build schools in an area where roads have to be built. Mr. Dave Shore, Realtor, asked if it would not be better to raise personal property tax rather than this proposed tax. Mr. Stiles stated that he felt the section pertaining to trucking needed to be struck at this point as it needed more work. Mr. Lee Janow, Opequon District, stated that the County needed something that was fair and equitable and he did not feel this was. Mr. Dennis Thompson, Opequon District, asked why just some were being taxed, why not everyone. 477 Mr. Stiles referred to taxes going up on older people who are on fixed incomes. He stated that the businesses in Frederick County have shared from the growth that has happened in the County, therefore he felt this was the tax that should be enacted. Mr. Thompson asked about all the growth that is taking place in the County. Mrs. Singhas asked about contractors that come into the County without a license, do their work and leave and the County gets nothing from them as far as taxes are concerned. She asked how high could the County raise this tax. Mr. Stiles explained this. Mrs. Singhas stated that she felt a flat rate is the way the County should go. Mr. Orndoff stated that he felt the flat rate would not be fair. Mr. Webber asked about someone that goes out of business, do they get a refund. Dr. Richard Taliaferro, Dentist, stated that he was in favor of across- the -board tax and not in favor of this business tax. Mr. Ted Hogan, resident of Frederick County, asked about the small businessman that worked out of his truck, that he did not feel that everyone doing work in Frederick County will be paying this tax. Mr. Stiles asked what the pleasure of the Board was concern- ing the BPOL tax at this time. Mr. Smith stated that he felt more work is needed on this before it comes back to the Board in January. Mr. Ron Ward, Gainesboro District, stated that more home- work is needed and felt that it has a lot of holes. Mr. Crosen stated that he felt the Board should stay away from flat rates and that a business on a larger scale is able to pay more tax and that the area of trucking needed to be addressed. 478 Mr. Stiles explained that the public will be notified when this is to come back to the Board. BOARD RETIRED INTO EXECUTIVE SESSION Upon motion made by Roger L. Crosen, seconded by W. Harrington Smith, Jr. and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code, 1950, as amended, Section 2.1 -344, Subsection A (1) and (6) to discuss Personnel and to also discuss acquisition and disposition of property. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Dudley H. Rinker, seconded by Robert M. Rhodes and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SE Upon motion made by Robert M. Rhodes, seconded by Dudley H. Rinker and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS)ORDERED THAT THEnBOARD OF SUPERVISORS ADJOURN. , Board bf�Supervisors