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This prison came with promises. Now Sussex County wants Virginia to pay up before it's too late.

Posted at 4:34 PM, Aug 01, 2023
and last updated 2023-08-01 16:34:36-04

SUSSEX COUNTY, Va. -- They were told the construction of state prisons Sussex I and Sussex II would help their rural county's economy. But 25 years later, Sussex County leaders claim Virginia leaders broke their promises, left those who live in the county in a dangerous and costly position, and now refuse to sit down to discuss ways to improve the situation.

Promises Made, Promises Broken

Sussex I and Sussex II opened in 1998 on state-owned land in Sussex County, Virginia, about an hour's drive south of Richmond.

Since the prisons were built on state land, the state did not have to pay taxes to the county.

Instead, state leaders promised Sussex County “Payment In Lieu of Taxes” or a service fee based on the land's value.

“That value, back when they first came in, would have been about $500,000," Sussex County Supervisor Eric Fly (Courthouse District) said. “Most of [that state money] was dedicated and used for Fire and EMS Services.”

Things changed in 2010.

Sussex Prison story
Sussex County Supervisor Eric Fly

That's when outgoing Governor Tim Kaine (D - Virginia) presented a budget to incoming Governor Bob McDonnell (R - Virginia).

County leaders said that the budget cut the money the state paid to Sussex.

"We were cutting virtually every line item in state government because of the Recession," Kaine, now a U.S. Senator representing Virginia, recalled in a recent interview. "So I wouldn’t be surprised if the Payment in Lieu Of Taxes got cut, like other things.”

Sen. Kaine said the cost-cutting measure was only meant to be for the short term.

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Sen. Tim Kaine (D - Virginia)

"If I’m right on my recollection of it, it was certainly meant to be temporary during the Recession," he said. "When times improved then, you should go back to kinda where you were.” 

But that, according to Sussex County leaders, never happened.

No Money, More Problems

While state money was no longer dedicated to help cover some costs associated with the state prisons, the costs remained and needed to be addressed.

"We had to take General Funds money and start funneling it over to EMS, even though we still had to provide Fire and EMS to the Prisons, there was no revenue coming from them," Supervisor Fly said.

Thirteen years later and Sussex County hasn’t received Payment In Lieu Of Taxes from the State since 2010.

"It’s never been put back in," Fly said while adding the cost of the prisons has continued to increase over that time. "It increased the load on our Clerk’s Office because every crime that happens in [the prison] has to be filed in the Clerk’s Office."

Sussex Prison story

Sussex I and Sussex II see the majority of the county's serious felony offenses when compared to the rest of the county, according to Sussex County Commonwealth’s Attorney Vincent Robertson.

"It’s more work than the [Commonwealth's Attorney's] Office can handle," Robertson said about the toll having Sussex I and Sussex II has taken on county resources. "It’s an administrative burden. It’s a financial burden."

Robertson said money coming in from the state would allow him to hire an additional full-time attorney to help prosecute the cases.

Sussex Prison story
Sussex County Commonwealth’s Attorney Vincent Robertson

One issue that directly impacts everyone living in the county is the number of emergency medical calls coming from the prison.

“We have 13 to 16 calls a month," Fly said.

Fly said those calls can tie up county ambulances for hours. He cited it as just another example of the state prison taking from the county and not paying anything back.

One of the state's selling points for building the prison in Sussex was the number of jobs it would bring to the county.

“Seven hundred jobs in two prisons," Fly said. "We just ran the numbers last year, 27 out of 700 of those jobs, live in Sussex County.  Twenty-seven.  That’s it."

So What's the Solution?

The answer to this problem, according to Sussex leaders, is for the state to restore funding.

With rising property values, Supervisor Fly believes the state should now be paying Sussex around $800,000 a year.

State Delegate Otto Wachsmann (R - Sussex) has twice introduced bills in the General Assembly to restore the state's Payment In Lieu of Taxes.

Neither bill passed.

"I think the state does need to offset those costs," Wachsmann said. "[$800,000 a year] means a lot to a small county like this.  You take 2013 to now, that’s 10 years.  That’s close to $5 million they’ve lost."

Communication Breakdown

Supervisor Fly said efforts to sit down and discuss the issue with Governor Glenn Youngkin have not been successful.

"There are over 20 requests from me, on behalf of the Board of Supervisors, asking for a meeting with the Governor," Fly said.

Fly said he did receive one response that suggested he talk to the County Board of Supervisors.

Fly, of course, is on the Board of Supervisors.

“A Democratic governor took this funding away. We’re asking a Republican governor to put it back," Fly said.

Despite Fly's claims his requests have fallen on deaf ears, Governor Youngkin said he wanted to help the situation in Sussex.

"We are absolutely willing to sit down with everyone with regards to making sure that our correctional system is being supported well," Youngkin said when CBS 6 asked about the situation in Sussex at a recent event. “I am not directly familiar with the particular issue but will look into it.”

Sussex Prison story

The Governor’s staff disagreed with Fly's assessment that their office had not contacted him. But still, Fly contended, there has not been a meeting with the Governor to discuss the problems.

"If we don’t have that money put back in, we are going to have to raise taxes or cut the school system in order to fund Fire and EMS," Fly said. “We are at that apex now, where we’ve got to either drastically reduce, which means cutting the school system or we’ve got to raise revenue."

One concern about raising taxes is that Sussex's small population base means a tax hike won't make much of a difference.

“If we raise taxes by one penny, we only generate $80,000," Fly said in reference to the county's population of around 11,000 and $38 million annual budget.

The Bottom Line

Fly and Sussex leaders said they need a face-to-face meeting with Governor Youngkin before time runs out and drastic cuts are made in the county

Depend on CBS 6 News and WTVR.com for in-depth coverage of this important local story. Anyone with more information can email newstips@wtvr.com to send a tip.

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