HomeMy WebLinkAbout019-20 (FY21PersonalPropertyTaxRateForDataCenters) BOARD OF SUPERVISORS
RESOLUTION
SETTING THE 2021 TAX RATE
FOR THE TANGIBLE PERSONAL PROPERTY OF DATA CENTERS
WHEREAS, the Board of Supervisors determines that the location of"data centers", as
Section 58.1-3506(A)(43) of the Code of Virginia defines that term, in Frederick County is
desirable; and
WHEREAS, one means of encouraging the location of data centers in Frederick County
is to set a competitive tax rate for the tangible personal property used in data centers, especially
relative to other localities in Virginia; and
WHEREAS, Section 58.1-3506(A)(43) of the Code of Virginia provides that the tangible
personal property used in data centers shall constitute a classification for local taxation separate
frorn other classifications of tangible personal property; and
WHEREAS, Section 58.1-3503(A)(17) of the Code of Virginia provides that the tangible
personal property used in data centers shall also constitute a classification for local taxation
separate from other classifications of tangible personal property for valuation purposes, provided
that such valuation shall be by means of a percentage or percentages of original cost, or by such
other method as may reasonably be expected to determine the actual fair market value; and
WHEREAS, Section 58.1-3503(B) of the Code of Virginia provides that tangible
personal property shall be subject to such methods of valuation as may reasonably be expected to
determine actual fair market value as determined by the Commissioner of Revenue, however,
assessment ratios shall only be used with the concurrence of the local governing body;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors sets the tax
rate, for tax year 2021, for the tangible personal property used in any"data center", as Section
58.1-3506(A)(43) of the Code of Virginia defines that tenn, at $1.25 per $100 of assessed value,
on declining values, per the determination of the Commissioner of the Revenue. For the
declining values, the Board concurs in the Commissioner of the Revenue's determination of the
values as the following percentages of original cost: 50% for year one, 35% for year two, 20%
for year three, 10% for year four, and 5% for year five and all subsequent years.
ADOPTED this 9t" day of September, 2020.
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber No
J. Douglas McCarthy Aye Robert W. Wells Aye
Blaine F. Dunn Aye Gene E. Fisher Aye
Judith McCann-Slaughter Aye
Kris . iern
Clerk, Board of Supervisors
County of Frederick, Virginia
BOS Res. #019-20
FINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS
Wednesday,August 19,2020
8:00 a.m.
107 NORTH KENT STREET,WINCHESTER,VIRGINIA
A Finance Committee meeting was held in the Board of Supervisors Room at 107 North Kent Street on
Wednesday,August 19, 2020 at 8:00 a.m.
ATTENDEES:
Committee Members Present: Judith McCann-Slaughter, Chairman;Charles DeHaven;
Robert Wells;Jeffrey Boppe;Angela Rudolph-Wiseman;and non-voting liaisons William
Orndoff,Treasurer and Seth Thatcher,Commissioner of the Revenue.
Committee Member Absent: none.
Staff present: Cheryl Shiffler, Finance Director;Sharon Kibler,Assistant Finance Director;
Kris Tierney,County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams,
County Attorney;Joe Wilder, Public Works Director;Chester Lauck, Deputy Emergency
Management Coordinator; Lenny Millholland,Sheriff,Jason Robertson, Parks& Rec Director;
Jon Turkel,Assistant Parks&Rec Director;and Patrick Barker, EDA Director.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
(�) Items 1,2,5 and 10 were approved under consent agenda.
1. (1)The Deputy County Administrator requests a General Fund supplemental appropriation in
the amount of$51,281. This amount represents a carry forward of unspent FY20 funds for
carpet installation that is currently in process. See attached memo, p.4.
2. (1)The F&R Chief requests a General Fund sugolemental approgriation in the amount of
$76,000. This amount represents a carry forward of unspent grant funds for the Stephens City
Swiftwater Team. The grant and appropriation were originally approved by the BOS on
11/13/19. See attached information, p.5—17.
3. The P&R Director requests a General Fund supplemental appropriation in the amount of
$55,000. This amount represents proffer funds for an outdoor gym facility at Clearbrook Park.
The P&R Commission approved the request on August 11, 2020. See attached information,
p. 18—21. The committee recommends approval.
4. The Public Works Director requests a General Fund supplemental appropriation in the amount
of$20,000. This amount represents funds donated and reserved for the spaying and neutering
1
of shelter pets. The Public Works Committee approved the request on July 28,2020. No local
funds required. See attached information,p.22--23.The committee recommends approval.
5. (,)The Public Works Director requests a General Fund supplemental appropriation in the
amount of$2,495. This amount represents unspent FY20 grant funds for environmental
education. The grant appropriation was originally approved by the BOS on 10/23/19. The
Public Works Committee approved the request on July 28,2020. See attached information,
p.24—25.
6. The Public Works Director requests a Landfill Fund supplemental appropriation not to exceed
$1.327.298. This amount represents a carry forward of unspent FY20 funds for various
projects.The Public Works Committee approved the request on July 28,2020. See attached
information, p.26. The committee recommends approval.
7. The Sheriff requests General Fund supplemental appropriation in the amount of$11,492.03.
This amount represents 2 auto insurance claims and will go toward auto repair and the
purchase of a new vehicle. No local funds required. See attached information,p. 27—30.The
committee recommends approval. The committee recommends approval.
8. The Sheriff requests a General Fund supplemental appropriation in the amount of$20,559.80.
This amount represents the sale of surplus and will be used towards the purchase of a new
cruiser and a building at the impound lot. No local funds required. See attached information,
p.31—32.The committee tabled the request pending yearend financial information.
9. The EDA Director requests discussion on the tax rate for data centers. See attached
information, p. 33—40.The committee recommends approval.
10. (V)The Finance/Audit Committee charter adopted by the Board of Supervisors requires an
annual review and reassessment, See attached charter,p.41-43.
INFORMATION ONLY:
1. The Finance Director provides a Fund 10 Transfer Report for July 2020. See attached, p.44.
2. Fund balance information will be provided after the County closes FY20.
Respectfully submitted,
FINANCE COMMITTEE
Judith McCann-Slaughter,Chairman
Charles DeHaven
Robert Wells
Jeffrey Boppe
Angela Rudolph-Wiseman
By Chej3 yb 13 SIS
Cheryl B.Shiffler, Finance Director
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Frederi"" ck,caA
ECONOMIC DEVELOPMENT AUTHORITY
DATE: August 11, 2020
TO: Cheryl Shiffler
Finance Director
FROM: Patrick Barker, CEcD
Executive Director, Frederick County EDA
CC: Jay Tibbs
Deputy County Administrator
RE: Data Center Equipment Tax Rate Request
Northern Virginia is the largest data center market in the world. Estimates from 2018 reveal that
the data center industry in Virginia directly provided approximately:
a 14,644 full-time-equivalent jobs with an average annual pay of$126,000(data center
industry pay has increased twice as fast as the statewide average since 2001),
• $1.9 billion in associated pay and benefits,
• $4.5 billion in economic output.
Data centers pay millions of dollars in state and local taxes in Virginia, even though Virginia has a
sales and use tax exemption on some equipment for data centers that are large enough to qualify
for the exemption. In addition to the taxes paid directly by data centers, local governments and the
Commonwealth collect tax revenue from the secondary indirect and induced economic activity that
data centers generate. Estimates from 2018 forecast that data centers were directly and indirectly
responsible for generating$600.1 million in state and local tax revenue in Virginia.
Frederick County, and the rest of the Shenandoah Valley, have mostly been left out of Virginia's
data center market. Seventy-five percent of data center employment was in Northern Virginia in
2018. The Shenandoah Valley accounted for only two percent.
Data center experts state that Virginia and the United States have not yet reached "peak data
center."The expansion of artificial intelligence, machine learning, and augmented reality are all
putting increasing demands on data centers. In addition, with the rollout of 5G technology to
wireless networks, the shape of the industry will change. It is likely that the rate of growth of data
center operations will be even greater than in the past.
Frederick County's time is now to acquire a share of the data center market. In consulting with
project managers at the Virginia Economic Development Partnership and data center experts,the
creation of a competitive tax structure for data center operations is one of the first steps for
Frederick County to be competitive in this sector. Currently, data center prospects most always
build in Loudoun County and then Prince William County.
One of the single most important reasons for northern Virginia's domination of the data center
market is that itis right on the doorstep of Washington D.C., without actually being in the city.
YOUR MOVE.OUR COMMITMENT
45 E.Boscawei 5t.Winchester, VA 226C33 540-665-0973 i YesFrederickVA.cdm
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Data Center Equipment Tax Rate Request
Northern Virginia is one market where fiber connectivity is widely available.Another reason that
Northern Virginia is a prime choice for data centers than other regions around the country is lower
electricity costs. Ashburn and the rest of Data Center Alley have access to a pool of skilled,
affordable labor that makes running a data center simpler and more affordable.
Frederick County must entice data centers to look further and bring their business into an area of
low data center concentration with a combination of financial incentives (e.g. low taxes,
competitive utility rates, and low-cost data center capacity).
Virginia enabling legislation regarding business personal property tax permits differentiation in tax
treatment of data center equipment, both in method of valuation (Va. Code Sec. 58.1-3503(A)(17))
and in rate of taxation (Va. Code Sec. 58.1-3506(A)(43)). State law(Va. Code Set. 58.1-3506(A)(43))
defines a "data center" as "a facility whose primary services are the storage, management, and
processing of digital data, and is used to house: (i) computer and network systems, including
associated components such as servers, network equipment and appliances, telecommunications,
and data storage systems; (ii)systems for monitoring and managing infrastructure performance; (iii)
equipment used for the transformation, transmission, distribution, or management of at least one
megawatt of capacity of electrical power and cooling, including substations, uninterruptible power
supply systems, all electrical plant equipment, and associated air handlers; (iv) Internet-related
equipment and services; (v) data communications connections; (vi) environmental controls; (vii)fire
protection systems; and (viii) security systems and services."
Many localities in Virginia have already enacted tax structures per this enabling legislation and
established tax rates for data center equipment. The following is a listing of potential competing
localities and their data center rates.
Locality Assessed value (%of original cost), by year Rate/$100
Fauquier County 60%, 40%, 20%, 10% min. $2.30
Henrico County County 72%, 50%, 32%, 20%, 12%,4%min. $0.87
-- ------------------ ––__—— -------------------------------------------------------------
Loudoun County 50%,40%, 30%, 20%, 10%min. $4.20
---------------------------------------------------------------------- ---------- ----
Prince William County 50%, 35%, 20%, 10%, 5% min. $1.35
--------—----------------------- -----------------------------------------------------------------
Stafford County 50%, 35%, 20%, 10%, 5% min $1.25
Currently, equipment at data center operations in Frederick County would be taxed at a tangible
personal property tax rate of 30%of original value then $4.86 per$100.This creates significant cost
differences between Frederick County and competing localities. For example, Frederick County's
five-year effective tax rate on data center operations would be $1.46 per$100 versus Prince
William's$0.32, Loudoun's$1.26, Fauquier's$0.64, and Stafford's$0.30. Comparing Frederick
County to Prince William County,for example, for every$10,000,000 in equipment a data center
has,the net tax amount in Frederick County would be $567,000 more over 5 years, obviously
creating a significant disincentive for a data center to locate in Frederick County.
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45 E.Boscawen Sr-Winchester,VA 226034 540-665-0973 0 Yesh-ederickVkcom
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Data Center Equipment Tax Rate Request
Staff collaborated with the Commissioner of Revenue's office on the following recommended rate
structure for data center equipment.
Assessed value (%of original cost), by year Rate/$100
509/., 35%, 201, 10%, 5% min. $1.25
This rate structure was selected based on a review of likely competing localities, discussions with
State economic development officials and data center site location consultants. This rate structure
would be lower than established data center counties of Prince William, Loudoun, and Fauquier.
However, it should be noted that these counties boast vastly superior telecommunications
infrastructure. As such, Frederick County needs to compensate for some of that difference with a
lower data center equipment tax rate, coupled with the County's lower land costs and real estate
taxes.
A hypothetical example of a data center project illustrates Frederick County's financial competitive
edge with the recommended rate structure for data centers.The underlying assumption for the
example is a 150,000 square foot facility with capital investment of$267 million — $9.75 million in
real estate, $77.8 million in data center infrastructure, and $180 million in servers, which are
typically refreshed every 4 to 5 years. Data center infrastructure is typically comprised of
generators, UPS, power distribution units, air conditioning, cooling towers, and chiller plants.
Summary findings for this hypothetical example is provided. Full details of the analysis are
attached.
Locality 5 Year Revenue\Tax 10 Year Revenue\Tax
Liability Liability
Frederick County $19,087,350 $38,174,700
(current)
Frederick County $5,176,125 $9,091,469
(recommendation)
Fauquier County $10,854,125 $19,270,825
Loudoun County $19,850,906 $35,680,313
Henrico County $2,773,785 $4,872,910
Prince William County $5,857,706 ____ _$10,353,769
Stafford County $5,351,625 —$9,442,469—
At their August meeting,the Board of Directors for the Frederick County Economic Development
Authority unanimously recommended adoption of this new tax rate and forwarded it to Frederick
County's Finance Committee forfurther evaluation and discussion.
45 E.Ooscawen St.Winchester.VA 226035 540-665-0973 0 YesFrederickVA.com
Data Center Equipment Tax Rate Analysis
FrederickPrince Wiliiam Henrico Fauquier 5tafford County Lcudour
Current Proposed!
5 Year DC Operator's Real Estate $297,375 $297,375 $588,656 $424,125 $484,575 $472,875 $588,656
5 Year DC Operator's Computer Hardware $5,667,975 $1,166,250 $1,259,550 $578,460 $2,503,550 $1,166,250 $4,898,250
5 Year DC Operator Tax Uability $5,965,350 $1,463,625 $1,848,206 $1,002,585 $2,988,125 $1,639,125 $5,486,906
5 Year Rank 2
5 Year DC Client's Computer Hardware $13,122,000 $3,712,500 $4,009,500 $1,771,200 $7,866,000 $3,712,500 $14,364,000
5 Year Rank 2
TSO} LSY€AR $19,087,350 $5,176,125 $5,857,706 $2,773,785 $10,854,125 $5,351,625 $19,850,906
10 Year DC Operator's Real Estate $594,750 $594,750 $1,177,313 $848,250 $959,150 $945,750 $1,177,313
10 Year DC Operator's Computer Hardware $11,335,950 $1,409,219 $1,521,956 $640,660 $3,397,675 $1,409,219 $6,531,000
10 Year DC Operator Tax Liability $11,930,700 $2,003,969 $2,699,269 $1,488,910 $4,366,825 $2,354,969 $7,708,313
10 Year Rank 2
10 Year DC Client's Computer Hardware $26,244,000 $7,087,500 $7,654,500 $3,384,000 $14,904,000 $7,087,500 $27,972,000
10 Year Rank 2
10 YEAR $33,174,700 $9,091,469 $10,353,769 $4,872,910 $19,270,825 $9,442,469 $35,00,313
Real Estate $0.61 $0.61 $1.208 $0.87 $0.994 $0.97 $1.04
Computer Hardware $4.86 $1.25 $1.35 $0.40 $2.30 $1.25 $4.20
Year 1 30% $1.46 50% $0.63 50% $0.68 72% $0.29 60% $1..38 50% $0.63 50% $2.10
Year 2 30% $1.46 35% $0.44 35% $0.47 50% $0.20 40% $0.92 35% $0.44 40% $1.68
Year 3 30% $1.46 20% $0.25 20% $0.27 32% $0.13 20% $0.46 20% $0.25 30%
$1.26
Year 4 30% $1.46 10% $0.13 10% $0.14 20% $0.08 10% $0.23 10% $0.13 20% $0.84
Year 5 30% $1.46 5% $D.06 5% $0.07 12% $0.05 10% $0.23 5% $0.06 10% $0.42
Year 6 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10%
$0.42
Year 7 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42
Year 8 30% $1.46 5% $0.06 5% $0.07 49/. $0.02 IO% $0.23 5%
$0.06 10% $0.42
Year 9 30% $1.46 5% $0.06 5% $0.07 4% $0.02 1091. $0.23 5% $0.06 10% $0.42
Year 10 30% $1.46 5% $0.06 5% $0.07 4% $0.02 10% $0.23 5% $0.06 10% $0.42-
5 Year Average $1.46 $0.30 $0.32 $0.15 $0.64 $0.30 $1.26
RANK 2
10 Year Average $0.18 $0.20 $0.08 $0.44 $0.18
RANK 2
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PRO FORMA SAMPLE - FOR DISCUSSION OF
DATA CENTER PROPERTY TAXATION 8/19/2020
FY 20 -20 BUDGET RESOLUTION
WHEREAS a notice of public hearing and budget synopsis has been published and a public
hearing held on , in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of
the Code of Virginia, 1950 as amended.
THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Frederick,
Virginia, that the budget for the 20 -20 Fiscal Year as advertised in The Winchester Star on
be hereby approved in the amount of$
BE IT FURTHER RESOLVED that the County of Frederick budget for the
fiscal year be adopted and the funds appropriated as follows:
[FUND AMOUNTS DETAIL OMITTED HERE—NOT RELEVANT FOR PURPOSES OF SAMPLE]
BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick,
Virginia, does herein adopt the tax rates for the 20`assessment year as follows:
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PRO FORMA SAMPLE - FOR DISCUSSION OF
DATA CENTER PROPERTY TAXATION 8/1912020
Property Taxes—Rates per$100 of assessed value
$0.61 Applied to real estate, including mobile homes
Except as specified below, applied to personal
$4.86 property including business equipment
Applied to personal property on one vehicle
to volunteer firefighters that are approved
$2.25 and registered with the Frederick County Fire
and Rescue Department
$0.01 Applied to aircraft
Zero tax Applied to antique vehicles and mopeds
Applied to personal property constituting
property used in a "data center" as that term
is defined in Va. Code § 58.1-3506(A)(43), on
$1.25 declining values, at the following percentages
of original cost: 50%for year one, 35%for
year two, 20%for year three, 10°%for year
four, and 5%for year five and all subsequent
years.
Applied to machinery and tools, on declining
values, at the following percentages of
$2.00 original cost: 60%for year one, 50%for year
two,40%for year three, and 30%for year
four and all subsequent years.
$2.00 Applied to Contract Classified Vehicles and
equipment, on apportioned percentage of
book values.
Business and Professional Occupational License Rates
Contractors $0.16 per$100 of gross receipts
Retail $020 per$100 of gross receipts
Financial, Real Estate, and Professional $0.58 per$100 of gross receipts
Services
z
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PRO FORMA SAMPLE - FOR DISCUSSION OF
DATA CENTER PROPERTY TAXATION 8/19/2020
Repair, personal and business services $0.36 per$100 of gross receipts
and all other businesses and
occupations not specifically listed or
exempted in the County Code
Wholesale $0.05 per$100 of purchases
The tax rates for other businesses and occupations specifically listed in the County Code
are also unchanged.
Other General Taxes
Meals tax 4% of gross receipts
Transient Occupancy tax 3.5%of gross receipts
Vehicle License Taxes $25 per vehicle and $10 per motorcycle
Sanitary Landfill Fees
$50 Per ton for commercial/industrial
$45 Per ton for construction demolition debris
$20 Per ton for municipal waste
$38 Per ton for municipal sludge
$15 Per ton for Miscellaneous Rubble Debris
Shawneeland Sanitary District Taxes
$190 Unimproved Lots
$660 Improved Lots
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PRO FORMA SAMPLE - FOR DISCUSSION OF
DATA CENTER PROPERTY TAXATION 8/19/2020
Lake Holiday Sanitary District Taxes
$678 Buildable Lots
$264 Unbuildable Lots
Lots owned by Lake Holiday Country Club, Inc.
$0 Buildable Lots and Unbuildable Lots
Star Fort Subdivision Taxes/Fees
$60 Per Lot
Street Light Fees
Oakdale Crossing and Fredericktowne$40 annually
Green Acres $25 annually
[REMAINDER OF DOCUMENT OMITTED HERE — NOT RELEVANT FOR PURPOSES OF
SAMPLE]
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