At a meeting of the Board of Supervisors of the County of Sussex
Held in the General District Courtroom
On Thursday, January 20, 2005 at 7:30 p.m.
MEMBERS PRESENT
Charlie E. Caple, Jr.William J. Collins, Jr.
C. Eric FlyWayne M. Harrell
Alice W. JonesRufus E. Tyler, Sr.
OTHERS PRESENT
Mary E. Jones, CountyAdministrator
Jacqueline M. Brown, Deputy County Administrator
Henry A. Thompson, Sr., CountyAttorney
Jerry L. Whitaker, Director of Finance
Deborah D. Jenkins, Assistant To CountyAdministrator
CALL TO ORDER
The meeting was called to order and led in prayer by Chairman Collins.
ANNUAL MEETING/REORGANIZATION
Election of Chairperson
Ms. Mary E. Jones, CountyAdministrator opened the floor for nominations for Chairperson for calendar year 2005.
Supervisor Caple nominated Supervisor Tyler for Chairman of Sussex County Board of Supervisors for calendar year 2005.
Supervisor Harrell nominated Supervisor Collins for Chairman of Sussex County Board of Supervisors for calendar year 2005.
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the nominations for Chairman be closed on said names.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
CountyAdministrator Jones asked for a show of hands for those members in favor of Supervisor Collins for Chairman for calendar year 2005.
Those in favor of Supervisor Collins as Chairman for calendar year 2005 were: Supervisors Collins, Fly, Harrell and Jones.
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CountyAdministrator Jones asked for a show of hands for those members in favor of Supervisor Tyler for Chairman for calendar year 2005.
Those voting in favor of Supervisor Tyler as Chairman for calendar year 2004 were: Supervisors Caple and Tyler.
Supervisor Collins thanked the Board for the confidence they placed in him.
Election of Vice Chairperson
Supervisor Tyler nominated Supervisor Caple as vice chairman for calendar year 2005.
ON MOTION OF SUPERVISOR CAPLE to close on said name.
Supervisor Fly nominated Supervisor Jones as vice chairwoman for calendar year 2005.
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR FLY and carried: RESOLVED that the nominations be closed on said names.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
Chairman Collins asked for a show of hands for those in favor of Supervisor Caple as vice chairman for calendar year 2005.
Those voting in favor of Supervisor Caple as vice chairman were: Supervisors Caple and Tyler.
Chairman Collins asked for a show of hands for those in favor of Supervisor Jones as vice chairwoman for calendar year 2005.
Those in favor of Supervisor Jones as vice chairwoman for calendar year 2005 were: Supervisors Collins, Fly, Harrell and Jones.
Chairman Collins announced that Supervisor Jones is vice chairwoman of the Sussex County Board of Supervisors for calendar year 2005.
ADOPTION OF AGENDA
Ms. Mary E. Jones requested that the agenda be amended including the following: Under County Administrator’s report, add Item 1A, Presentation by Mike Kearns, Atlantic Waste Disposal and 1B, Presentation by Jerry L. Whitaker, Director of Finance.
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ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR FLY and carried: RESOLVED that the agenda of the January 20, 2005 meeting of the Sussex County Board of Supervisors is hereby adopted with the following amendments: Add Item 1A, Presentation by Mike Kearns, Atlantic Waste Disposal and 1B, Presentation by Jerry L. Whitaker, Director of Finance.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
Supervisor Tyler asked about the status of the Board retreat.
Ms. Jones responded that Ms. Brown is communicating with Virginia Tech and Virginia’s Gateway Region staff on the development of an agenda for an Economic Development Retreat.
APPROVAL OF MINUTES
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR FLY and carried: RESOLVED that minutes of the December 16, 2004 meeting of the Sussex County Board of Supervisors are hereby approved as presented.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
ON MOTION OF SUPERVISOR JONES, seconded by SUPERVISOR CAPLE and carried: RESOLVED that minutes of the January 6, 2005 meeting of the Sussex County Board of Supervisors are hereby approved as presented.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
APPROVAL OF WARRANTS & VOUCHERS
ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR HARELL and carried: RESOLVED that warrants and vouchers in the amount of $488,955.31 and payroll deduction checks in the amount of $83,867.44 are hereby approved as presented.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
APPROVAL OF APPROPRIATIONS
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR JONES and carried: RESOLVED that Application and Certificate For Payment #17 from Blueridge General, Inc., for Sussex Central Middle School Renovation, in the amount of $304,294.08 is hereby approved for payment.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
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ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR CAPLE and carried: RESOLVED that Invoice #1194 from Long & Associates Environmental for operator training and monitoring activities for the Sussex Central High School Complex, in the amount of $2,400.00 is hereby approved for payment.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
ON MOTION OF SUPERVISOR JONES, seconded by SUPERVISOR HARRELL and carried: RESOLVED that Invoice #0018440 from Rancorn Wildman for professional services for the Sussex Central Middle School Renovation project, in the amount of $2,435.36 is hereby approved for payment.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
The Board deferred payment for Invoice #0018441 to Rancorn Wildman, in the amount of $37,779.87 and requested that more research be done by staff and report to the Board at the February 17th meeting.
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR HARRELL and carried: RESOLVED that Invoice #T4592 from Trident Food Service Equipment Corporation, in the amount of $10,904.43 for SussexCentralMiddle School food service equipment, is hereby approved for payment.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
STANDING REPORTS
Health Department
Mr. Lee Allen, Sanitarian was in attendance, but had no report.
Highways, Streets and Roads
Mr. William Richardson, Interim Resident Engineer of the Waverly Residency of the Virginia Department of Transportation was in attendance, but had no report.
PUBLIC HEARING
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR JONES and carried: RESOLVED that the Board enter public hearing to consider (1) Benevolent Real Estate Tax Exemption Ordinance; (2) Conditional Rezoning Application #2004-04, James Matthews, applicant and (3) Rezoning Application #2004-05, M. B. Rideout, applicant.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
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Voting nay: none
Benevolent Real Estate Tax Exemption Ordinance
Ms. Jones reviewed the draft ordinance to enact Section 14-203 of Chapter 14 title “Taxation” of the Code of Ordinances of Sussex County, Virginia. She advised the draft has been properly advertised and recommends adoption.
Chairman Collins asked for comments from citizens. None were voiced.
Conditional Rezoning Application #2004-04, James Matthews, applicant
Ms. Jones advised that the applicant, James Matthews, seeks to rezone 6.02 acres of tax map number 49-(1)-C, consisting of 91.10 acres, from A-1General Agricultural District to B-1, General Business District in order to construct a repair shop for motor vehicles and trucks. The majority of the 6.02 acres is wooded.
The site in question is located at the intersection of Route 602 (St. John Church Road) and U. S. Route 301 (Blue Star Highway). The affected property has approximately 471 feet of road frontage along the north line of Route 602 and approximately 530 feet of frontage along the west line of U S. Route 301 in the Stony Creek Election District.
The applicant currently operates a towing/repair shop for automobiles and trucks on Route 301 (Blue Star Highway) in the vicinity of the new Hampton Inn Hotel and the old Davis Truck Plaza. Mr. Matthews currently leases the facility where he presently operates his business (from Davis Oil Company) and desires to purchase the 6.02 acre site in question in order to relocate his existing business. Accordingly, the applicant is requesting that the affected 6.02 acre site be rezoned from A-1, General Agricultural district to B-1, General Business District in order to relocate his existing commercial operation.
The Planning Commission at its December 6, 2004 meeting voted unanimously (9-0) to approve Rezoning Application #2004-04 subject to the conditions stated in the staff report and has forwarded the request to the Board for consideration with a recommendation that the item be approved.
Chairman Collins asked for comments from citizens. None were voiced.
Rezoning Application #2004-05, M. B. Rideout, applicant
The applicant, M. B. Rideout, seeks to rezone a parcel identified as tax map 137-(A)-17A, consisting of approximately 2.20 acres from A-1, General Agricultural District to B-1, General Business District to allow the storage of construction equipment and the placement of an outdoor advertising sign.
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The site in question is located on the west line of U. S. Route 301 (Blue Star Highway) approximately 1.5 miles north of the corporate limits of the Town of Jarratt in the Henry Election District.
The affected site contains 2.29 acres and has approximately 690 feet of public road frontage. The site is fenced on all sides. The fencing appears to be aged and has been over grown with vegetation. There is a wooded buffer of trees located along the rear and sides of the property. There are several pieces of construction equipment and several truck trailers presently located on the property in question. The 2.29 acres adjoin property zoned B-1, General Business and A-1 General Agricultural. Surrounding land uses include two (2) single-wide manufactured homes, Rideout Equipment Company, Maverick Transportation, Inc., CSX Railroad, U. S. Route 301, Interstate 95 and woodlands. Public water and sewer utilities are not available at the site in question.
The Planning Commission at its December 6, 2004 meeting voted unanimously (9-0) to approve Rezoning Application #2004-05 and has forwarded the request to the Board for consideration with a recommendation that the item be approved.
Chairman Collins asked for comments from citizens. None were voiced.
RETURN TO REGULAR SESSION
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Board shall return to regular session.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Jones, Tyler
Voting nay: none
ON MOTION OF SUPERVISOR TYLER, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Board of Supervisors(the “Board”) of Sussex County, Virginia (the “County”) pursuant to subsection (a)(6) of Article X of the Constitution of Virginia, on and after January 1, 2003, on behalf of the County may by designation or classification exempt from county real estate property taxes, by ordinance adopted by the Board, the real estate owned by a non profit organization that uses such property for religious, charitable, patriotic, historical, benevolent, cultural or public park and playground purposes, pursuant to the authority granted it by Virginia Code Section 58.1-3651, as amended; and
Whereas, Stony Creek Community Health Center located at 12454 Hartley Street, Stony Creek, Sussex County, Virginia and the Horizon Health Services, Incorporated, d/b/a The Waverly Medical Center, located at 344 West Main Street, Waverly, Sussex County, Virginia (both of the previously named centers being hereinafter individually and collectively designated as “Organization or Organizations”) have applied for the previously stated real estate property tax exemptions. Each organization is exempt
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from federal income taxes and each are currently exempt under Sections 501(c)(3) of the Internal Revenue Code and each organization is classified as a public charity under Sections 509(a)(1) and 170(b)(1)(A)(ii) of the Internal Revenue Code and contributions to each of said organizations are deductible under Section 170 of the Internal Revenue Code and each organization is qualified to receive tax deductible bequests, devises, transfers or gifts under Sections 20555 and 2106 and 2522 of the Internal Revenue Code; and,
Whereas, StonyCreekCommunity Center owns the following real estate parcels located in Sussex County, Virginia, for which it seeks the aforesaid benevolent exemption, to wit:
Tax Map Parcel No.Assessed ValueCurrent Taxes
67A1-A34-ALand: $8,600.00$897.00 per annum
Improvements: $129,500.00
Total: $138,100.00
67A1-A-32-ALand: $8,900.00$57.85 per annum
Improvements: $0.00
Total: $8,900.00
67A1-A-42Land: $9,200.00$178.50 per annum
Improvements: $18,300.oo
Total: $27,500.00
and,
Whereas Horizon Health Services, Inc. d/b/a WaverlyHealthCenter owns the following real estate parcels located in Sussex County, Virginia, for which it seeks the aforesaid benevolent exemption, to wit:
Tax Map Parcel No.Assessed ValueCurrent Taxes
28A-(A)-247Land: $27,600.00$958.75 per annum
Improvements: $119,900.00
Total: $147,500.00
28A(A)-246Land: $8,900.00$57.85 per annum
Improvements: $0.00
Total: $8,900.00
and,
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Whereas, each of the aforenamed two organizations are both organizations that have no rule, regulation, policy or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex or national origin and each of the two forenamed organizations are placed on notice that any continuation of any tax exemption granted herein shall be contingent on each aforenamed organization continuing to have no rule, regulation, policy or practice that unlawfully discriminates on the basis of religious conviction, race, color, sex or national origin; and,
Whereas, before consideration regarding the adoption of the hereinafter stated ordinance exempting the designated real estate of each of the previously named organizations designated real estate pursuant to Virginia Code Section 58.1-3651, subsection A, a public hearing with respect thereto was held on January 20, 2005, commencing at or around 8:00 p.m., at which citizens had an opportunity to be heard. The Board did publish notice of the hearing once in a newspaper of general circulation in SussexCounty where the designated real estate parcels being considered for exemptions are located. The notice did include the assessed value of the real property for which exemptions are requested as well as the property taxes assessed against such properties. Said public hearing was not held until at least five days after the notice was published in the newspaper; and
Whereas, the County has collected the cost of publication from each of the two organizations requesting the property tax exemption; and
Whereas, before adopting any such ordinance the Board did specifically consider the following factors individually with respect to each of the previously named organizations before any formal action by the Board was taken;
- Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954;
Each organization provided the County and the Board with documentation that it is exempt from taxation pursuant to Section 501 of the Internal Revenue Code of 1954.
- Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property;
Each organization provided the County and the Board with documentation that it has no current annual alcoholic beverage license for serving alcoholic beverages issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property.
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- Whether any director, officer or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders;
Each organization provided the County and the Board with documentation that no director, officer or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders.
- Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services of the contribution of in-kind or other material services.
Each organization provided the County and Board with documentation that no part of the net earnings of such organization insures to the benefit of any individual and no significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local state or federal grants. As used herein, donations shall include the providing of personal services of the contribution of in-kind or other material services.
- Whether the organization provides services for the common good of the public,
Each organization provided the County and the Board with documentation that it provides services for the common good of the public.
- Whether a substantial part of the activities of the organization involves carrying on propaganda or otherwise attempting to influence legislation and whether the organization participates in or intervenes in, any political campaign on behalf of any candidate for public office;
Each organization provided the County and the Board with documentation that a substantial part of the activities of the organization does not involve carrying on propaganda, or otherwise attempting to influence legislation and that the organization does not participate in or intervene in any political campaign on behalf of any candidate for public office;
- The revenue impact to the locality and its taxpayers of exempting the property;
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the substantial free or nominal health care and medical services provided to the indigent citizens of Sussex County, Virginia exceeds the real estate yearly total collected from each such organization.