Meeting Type: BCC Regular Meeting
Meeting Date: 5/7/2024
Item Status: Replacement
From: Roger Rendleman, County Administrator
Submitted by: Carjetta Crook, Administrative Support Specialist IV
______________________________________________________________________
ITEM TITLE
Title
*Acknowledgement of Tax Abatement - City of Foley Industrial Development Board - Blessed Kettle Brewing Company, LLC and Lipe Craft, LLC
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STAFF RECOMMENDATION
Recommendation
In observance with §40-9B-5(d), Code of Alabama (1975), take the following actions:
1) Acknowledge the receipt, on May 3, 2024, of a Resolution by the City of Foley Industrial Development Board granting a Tax Abatement to Blessed Kettle Brewing Company, LLC and Lipe Craft, LLC; and
2) Forward to the Office of Revenue Commissioner of Baldwin County and Office of Probate Judge of Baldwin County the Resolution and associated attachments informing the Baldwin County Commission of the aforementioned grant of such Tax Abatement.
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BACKGROUND INFORMATION
Background: Reason for Replacement Item - On April 15, 2024, staff received, via certified mail, a resolution from City of Foley IDB granting a tax abatement to Blessed Kettle Brewing Company, LLC. On May 3, 2024, a tax abatement application for Lipe Craft, LLC (land-holding entity) was forwarded to staff, as well as a corrected resolution adding Lipe Craft, LLC and correcting the capital investment amount. Section 40-9B-1, et seq., Code of Alabama 1975, or what is commonly referred to as the "Tax Incentive Reform Act of 1992," authorizes certain entities to grant Tax Abatements in their respective effort to attract new industries and encourage existing industries to expand their pursuits in their varied jurisdictions.
Section 40-9B-5, Code of Alabama 1975, which is entitled "Granting of Abatement," provides: "(d) Any abatement of county taxes granted by a municipality or municipal industrial authority shall not be valid until the expiration of (1) 10 days following the date of physical delivery to the county commission or (2) 13 days following the date of mailing by certified mail to the county commission of a copy of the resolution granting such abatement. Proof of delivery by affidavit of service, in the case of physical delivery, or by certified mail receipt, in the case of mailing by certified mail, shall be furnished to the Department of Revenue at the same time as the filing of the abatement agreement under Section 40-9B-6. If the procedures herein prescribed are followed, any such abatement shall be effective as of the date granted."
Previous Commission action/date: N/A
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: Administration
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration send correspondence with copy of Resolution, Application and Agreement to:
The Honorable Teddy Faust
Revenue Commissioner
Baldwin County, Alabama
Post Office Box 1389
Bay Minette, Alabama 36507
The Honorable Harry D’Olive
Judge of Probate
Baldwin County, Alabama
Post Office Box 459
Bay Minette, Alabama 36507
cc: Roger Rendleman, Beth Hodges, Lynzie Clark, Heather Gwynn, Shelby Middleton, Lee Ann Raley, Lee Lawson, Tanner Jones, Lee Johnson, Kristie Pybus, Ashton Feaster
Additional instructions/notes: Save all documentation in Tax Abatement files.