At a regular meeting of the SussexCounty
Board of Supervisors, held in the General District Courtroom
At the Sussex Judicial Center, January 19, 2006, 7:30 p.m.
MEMBERS PRESENT
Charlie E. Caple, Jr.William J. Collins, Jr.
C. Eric FlyWayne M. Harrell
Rufus E. Tyler, Sr.
MEMBER ABSENT
Alice W. Jones
STAFF PRESENT
Mary E. Jones, CountyAdministrator
Henry A. Thompson, Sr., CountyAttorney
Jerry L. Whitaker, Director of Finance
Jacqueline M. Brown, Deputy County Administrator
StanleyI. Skinner, Building Official
Deborah A. Davis, Assistant To CountyAdministrator
CALL TO ORDER
The January 19, 2006 meeting of the Sussex County Board of Supervisors was called to orderby Chairman Collins and led in prayer by Supervisor Caple.
ANNUAL MEETING/REORGANIZATION
Election of Chairperson for Calendar Year 2006
CountyAdministrator Jones opened the floor for nominations for Chairman of the Board of Supervisors of Sussex County for calendar year 2006.
Supervisor Fly nominated William J. Collins, Jr. for Chairman of the Board of Supervisors of Sussex County for calendar year 2006. Supervisor made a motion to close on said name.
CountyAdministrator called for the vote for Supervisor Collins’ nomination as Chairman of the Board of Supervisors of Sussex County for calendar year 2006.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
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Election of Vice Chairperson for Calendar Year 2006
Chairman Collins opened the floor for nominations for Vice Chairman of the Sussex County Board of Supervisors for calendar year 2006.
Supervisor Harrell nominated C. Eric Fly for Vice Chairman of the Sussex County Board of Supervisors for calendar year 2006. Supervisor Tyler nominated Charlie E. Caple for Vice Chairman of the Sussex County Board of Supervisors for calendar year 2006. Supervisor Caple made a motion to close on said names.
Chairman Collins called for the vote for Supervisor Fly for Vice Chairman of the Sussex County Board of Supervisors for calendar year 2006.
Voting aye: Supervisors Collins, Fly, Harrell
Voting nay: Supervisors Caple, Tyler
Absent: Supervisor Jones
Chairman Collins called for the vote for Supervisor Caple for Vice Chairman of the Sussex County Board of Supervisors for calendar year 2006.
Voting aye: Supervisors Caple, Tyler
Voting nay: Supervisors Collins, Fly, Harrell
Absent: Supervisor Jones
APPROVAL OF REGULAR AGENDA
ON MOTION OF SUPERVISOR HARRELL seconded by SUPERVISOR CAPLE and carried: RESOLVED that the regular agenda of the January 19, 2006 meeting of the Sussex County Board of Supervisors is hereby approved with the following amendments: (1) Under County Administrator’s Report, delete Bio-Solids Ordinance;Add Waverly Hardwoods Tax Incentive Resolution; Progress Reports, list: Director of Finance Report, Nominations For Members of the Board of Equalization, VIDA Resolution and Legislative Update.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
ADOPTION OF CONSENT AGENDA
ON MOTION OF SUPERVISOR CAPLE seconded by SUPERVISOR HARRELL and carried: RESOLVED that the Consent Agenda is hereby adopted as follows: (a) Approval of December 15, 2005 minutes of the Sussex County Board of Supervisors meeting (b) Approval of Warrants and Vouchers in the amount of $942,7004.88 and payroll deduction checks in the amount of$112,511.33(c) Approval of Appropriations (1) Horizon Commercial
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Group, $309,525.45, (2) Office Pro Technologies, $66,000.00, (3) Office Pro Technologies and 22,966.34, (4) Rancorn Wildman, $2,93.37.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
ON MOTION OF SUPERVISOR HARRELL, seconded by SUPERVISOR CAPLE and carried: RESOLVED that Application for Payment #3 from International Roofing Corporation for the county office building in the amount of $10,850.05 is hereby approved and appropriated for payment.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR TYLER and carried: RESOLVED that Application for Payment #4 from International Roofing Corporation for the county office building in the amount of $10,850.05 is hereby approved and appropriated for payment.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
STANDING REPORTS
Report of Health Department– Mr. Tim Jones, Supervisor, in attendance, no report
Report of Highways, Streets & Roads - Mr. William Richardson, Interim Resident Engineer, in attendance,no report
Report of CountyAdministrator
Robinson, Farmer Cox Associates – Annual Financial Report for SussexCounty
Mr. Paul H. Lee of Robinson, Farmer, Cox Associates presented the audit for fiscal year 2005. (A copy of the report for fiscal year ending June 2005 is retained in the CountyAdministrator’s Office).
McGill-Leprechaun Systems of North Carolina
Ms. Jones advised that McGill Environmental has submitted a bio-solids use permit application to the Virginia Department of Health (VDH) for construction and operation of a compost facility to be located on Beef Steak Road (State Route 626).SussexCounty has
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given approval for this project. A delay at the state level regarding permitting occurred when the initial application was given to the Department of Environmental for consideration. DEQ started the process of review. But the issue of meeting required recycling rates by the lower Crater Region and SussexCounty presented a challenge. Legislation will be introduced in this session of the General Assembly requesting a lower rate for rural areas such as SussexCounty.
McGill Environmental was also presenting information to the Virginia Department of Health regarding its operations and plans for construction. The officials at the Virginia Department of Health determined that VDH was the appropriate agency for issuance of the permit for construction and operation of a compost facility that will compost organic wastes such as sewage sludge, food wastes, water treatment residuals and yards wastes and Distribution and Marketing of the compost in accordance with the Bio-Solids Use Regulations.
A public informational meeting will be held on Thursday, January 26, 2006 beginning at 6:00 p.m. at the Newsome Human Services Conference Room. The purpose of the meeting is to provide information about the permit application and to obtain local comments on the application. For additional information, Board members may contact Charles Swanson, P.E., VA Dept. of Health at 804 864 7469 or e-mail at . A copy of the notice is included in the Board packet.
CountyAdministrator’s Progress Reports
Waverly Hardwoods
Ms. Jones advised the Board that included in the late agenda packet are copies of the January 11, 2006 letter from Waverly Hardwoods, Inc. requesting the amount of $29,100 (75% of machinery and tools economic incentive adopted by the Board of Supervisors July 22, 2004) and (b) Waverly Hardwoods, Inc. resolution adopted by the Board of Supervisors.
Waverly Hardwoods has paid its machinery and tools tax bill in the amount of $38,800.00. The company officially closed its doors on October 31, 2005. All other taxes are current and up to date. (Verified by Treasurer Woodruff, January 19, 2006). Staff recommends adoption of a resolution approving the payment of the $29,100 amount to Waverly Hardwoods, Inc. Staff understands that this property will be sold in April, 2006. Staff recommends that the incentive program be re-evaluated for any new owners and not be treated as a right to be transferred with the property. Also, included with the packet was a letter from Waverly Hardwoods foregoing any additional payment of this economic incentive for future years.
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Sussex County Board of Supervisors hereby approves and appropriates
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the amount of $29,100 for reimbursement of machinery and tools tax incentive for Waverly Hardwoods, Inc.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
ON MOTION OF SUPERVISOR CAPLE, seconded by SUPERVISOR FLY and carried: RESOLVED that the Board of Supervisors hereby revokes the Waverly Hardwoods resolution adopted on July 22, 2004.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
Nominations for Board of Equalization
CountyAdministrator Jones advised that the following persons have been recommended for consideration by the Circuit Court for appointment to the Sussex County Board of Equalization:
Blackwater District: Mr. Bruce C. Spencer
Courthouse District: Ms. Elizabeth Minor
HenryDistrict:
Stony Creek District: Mr. Ronald W. Hicks
Wakefield District: Mrs. Jessica Moore
Waverly District: Mr. Harris L. Parker
2006 General Assembly Legislation
Ms. Jones advised the Board that included in the late agenda packet is a report received from Martha A. Burton, the following legislation will have a direct effect on SussexCounty:
Three bills have been introduced to phase out the Machinery & Tools Tax (SBs 258, 260 & 417). All will result in less revenue for SussexCounty. SB 417 will phase out the tax. The bills are in the Senate Finance Committee. Fred Quayle and John Watkins from this region are on the Senate Finance Committee. For fiscal year ending June 30, 2005, SussexCounty received $850,765 for Machinery and tools taxes. (A copy of the legislation is available upon request – it is seventeen pages).
HB 155 – to permit localities to impose a lower tax on residential real estate.
HB 262, 616 – to remove local land use authority over any type of energy facility such as nuclear plants, the wind generating facilities, substations, etc.
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The Chair of the House Transportation Committee has already endorsed putting $1.2 billion of State General Funds dollars into transportation – that’s K-12, Medicaid, Corrections, Public Safety and Natural Resources money.
SB 393 – Enhanced retirement benefits for Deputy Sheriffs.
PUBLIC HEARING
ON MOTION OF SUPERVISOR FLY, seconded by SUPERVISOR CAPLE and carried: RESOLVED that the Board shall enter public hearing to consider an ordinance to amend Sussex County Code, Chapter 14, Article VI (“Local Vehicle License”), Personal Property Tax Relief Act of 1998.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
The Chairman requested public comment.
Blackwater District - none
Courthouse District - none
HenryDistrict - none
Stony Creek District - none
Wakefield District - none
Waverly District - none
RETURN TO REGULAR SESSION
ON MOTION OF SUPERVISOR HARRELL seconded by SUPERVISOR FLY and carried: RESOLVED that the Board shall return to regular session.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
ON MOTION OF SUPERVISOR CAPLE seconded by SUPERVISOR FLY and carried: RESOLVED that the following ordinance is hereby adopted:
WHEREAS the Personal Property Tax Relief Act of 1998, Va. Code §§ 58.1-3523 et seq. (“PPTRA”), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bill 5005), and the provisions of Item 503 of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004 – 06 Appropriations Act, hereinafter cited as the “2005 Appropriations Act”); and
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WHEREAS these legislative enactments require Sussex County to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided pursuant to the PPTRA as revised; and
WHEREAS these legislative enactments provide for the appropriation to Sussex County, commencing in 2006, of a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying personal use vehicles that are subject to the personal property tax (“PPT”) on such vehicles, and provide the opportunity for Sussex County to fashion a program of tax relief that serves the best interests of its citizens;
NOW THEREFORE BE IT ORDAINED by the Sussex County Board of Supervisors as follows:
This ordinance shall be known and referred to as Section 14-4, with the catchline of said ordinance section being “Personal Property Tax Relief Act of SussexCounty,” with the sub-sections as named herein, and is codified as follows:
§ 1. Purpose; Definitions; Relation to other Ordinances. (a) The purpose of this Ordinance is to provide for the implementation of the changes to PPTRA effected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia.
(b) Terms used in this Ordinance that have defined meanings set forth in PPTRA shall have the same meanings as set forth in Va. Code § 58.1 – 3523, as amended.
(c) To the extent that the provisions of this Ordinance conflict with any prior Ordinance or provision of the CountyCode, this Ordinance shall control.
§ 2. Method of Computing and Reflecting Tax Relief. (a) For tax years commencing in 2006, SussexCounty adopts the provisions of Item 503.E of the 2005 Appropriations Act, providing for the computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PPTRA and the reporting of such specific dollar relief on the tax bill.
(b) The Sussex County Board of Supervisors shall, as part of the annual budget adopted pursuant to Chapter 25 of Title 15.2 of the Code of Virginia, set the rate of tax relief at such a level that it is anticipate fully to exhaust PPTRA relief funds provided to the County by the Commonwealth. Any amount of PPTRA relief not used within the County’s fiscal year shall be carried forward and used to increase the funds available for personal property tax relief in the following fiscal year.
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(c) Personal property tax bills shall set forth on their face the specific dollar amount of relief credit with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated.
§ 3. Allocation of Relief among Taxpayers. (a) Allocation of PPTRA relief shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the County’s annual budget relating to PPTRA relief.
(b) Relief shall be allocated in such a manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1,000 or less.
(c) Relief with respect to qualifying vehicles with assessed values of more than $1,000 shall be provided at a rate, annually fixed in the County budget and applied to the first $20,000 in value of each such qualifying vehicle, that is estimated fully to use all available state PPTRA relief. The rate shall be established annually as a part of the adopted budget for the County. [Note: this provides for a single rate of relief applicable to the first $20,000 of vehicle value.]
§ 4. Transitional Provisions. (a) Pursuant to authority conferred in Item 503.D of the 2005 Appropriations Act, the Sussex County Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100 percent of tax due without regard to any former entitlement to State PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs.
(b) Penalty and interest with respect to bills issued pursuant to subsection (a) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in § 14-1 – 14-2 of the Code of Ordinances for Sussex County, Virginia from the original due date of the tax.
BE IT FURTHER RESOLVED THAT:
- This ordinance shall take effect immediately upon passage.
- That the Clerk of this Board shall forwarded attested copies of this now enacted ordinance to the Clerk of the Sussex Circuit Court, the Treasurer of the County of Sussex, Virginia, the Commissioner of the Revenue of Sussex County, Virginia, the Clerk of the Sussex County General District Court and the Clerks of the Town Council of the Towns of Jarratt, Stony Creek, Wakefield and Waverly, Virginia respectively.
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Passed by this Board of Supervisors of Sussex County, Virginia on this 19th day of January 2006.
Voting aye: Supervisors Caple, Collins, Fly, Harrell, Tyler
Voting nay: none
Absent: Supervisor Jones
Contract 05-VIDA 23 Housing Programs
CountyAdministrator Jones advised the Board that the Sussex County Office on Housing Programs received a grant to administer the Virginia Individual Development Account (VIDA) program. Persons of low and moderate income are enrolled in a savings program. The Virginia Department of Housing and Community Development will provide $2 for every $1 saved by the enrollees in the program. DHCD will hold this match in escrow for two years from the date the saver’s custodial account is opened. The saver must purchase their asset (use the match) within this two year timeframe. Final approval of each candidate’s participation in the program will be given by DHCD. The State will also monitor contributions deposited by the saver. Minimum contribution of $25 deposit for three consecutive months must be maintained. If not, the saver is terminated from the program. The State will pay the County administrative funds up to $50 per open active account per calendar month, not to exceed a total of $600 per saver.
The County (Housing Programs) is responsible for recruiting candidates and reviewing their applications before sending applications to DHCD for final approval for enrollment into the Program; developing a savings goal and action plan with each enrolled saver; Provide training or partner with an organization that can provide training in basic financial management; provide training or partner with an organization that can provide training specific to the identified asset that the saver is working towards as described in the County’s application; submit a monthly report on forms provided by DHCD on training and technical assistance activity and any other pertinent program activity to DHCD.
Staff recommends adoption of a resolution to apply for the VIDA program.