UTILITIES COMMISSION
June 10, 2008
7:00 p.m.

The Stafford County Utilities Commission met for its regular meeting on June 10, 2008, in the ABC Conference Room in the Stafford County Administration Center. Commission members present were Lloyd Chittum, Bob Hunt, Patricia Kurpiel, Wendy Surman, Bill Tignor and Clarence Young. Bob Bos, Dale Allen, Susan Fitzgibbon, and Cheryl Giles were present for the Utilities Department.

1. Public Presentations – There were no public presentations.

2. Approval of Minutes - Minutes for the March 11, 2008 meeting were approved as written.

3. BOS By-Laws and Rules of Procedure – Following some discussion of the adopted Section 6-1 – General Operating Policy of the BOS By-Laws, members agreed to amend and adopt Section 6-1 of the Utilities Commission By-Laws. A Section would be added to the Utilities Commission By-Laws to read as follows:

Section 6 Actions by individual members of the Commission

A. It shall be the policy of the Utilities Commission that no one member shall exert individual action or direct any County employee, or any board, authority, commission or committee of the Board, to initiate any action that would require a County employee to perform any action contrary to the laws, ordinances or policies of Stafford County or which would require the expenditure of public funds in any amount without the approval of the Board. It shall further be the policy that when any Utilities Commission member writes a letter or memorandum expressing his views, that he place on the same document the following, if appropriate:
This letter, memorandum, or document represents only the views of the writer or writers and does not necessarily represent the views of any other member of the Utilities Commission or the Board of Supervisors as the governing body of Stafford County, Virginia.

B. It is anticipated and expected that a member cast a vote, or otherwise take official action, which is consistent with the position taken by the Utilities Commission, as expressed in an official vote, while acting on any other board, authority, commission, committee, or other legal entity. By accepting the nomination, the nominee agrees to the adherence of these By-Laws.

Wendy Surman made a motion that an amended Section 6, A and B be inserted as part of the Utilities Commission By-Laws. Patricia Kurpiel seconded the motion and the motion passed with a 5-1 vote. Lloyd Chittum was the opposing vote.

4. Financial Report – Susan Fitzgibbon distributed copies of draft reports of the Estimated FY08 Unreserved Fund Balance and the Adopted FY2009 Utilities Fund Budget. Susan provided a projected overview of revenues and expenses for the FY08 cash balance and reported that year-end revenues are expected to reach 33 million dollars and expenses are expected to be 46 million, leaving a difference of 13 million. Susan explained that the difference, which will be funded from the Utilities Fund Balance, was primarily due to the initial construction expenditures associated with Rocky Pen Run reservoir.

Susan also provided an update regarding the Utilities Commission’s public hearing held in April to amend the fees for providing water service. Susan explained the proposed ordinance that would be presented to the Board of Supervisors on June 17th was written to include an increase of the Bulk Rate from $9.90 to $13.00/Tgal.

5. Update on Proposed Land Use Plan – Bob Bos reported the information regarding the draft Land Use Plan was for informational purposes and the merit of the Draft Land Use Plan should be presented before the Planning Commission. The Planning Commission’s projected date to discuss the Land Use Plan would be in July. The Planning Commission would then refer it to the Board of Supervisors. The Board of Supervisors have made it their goal to adopt the Land Use Plan by the end of the calendar year. Bob explained that major reductions have been proposed in the Urban Service Area and in the sewer area.

Following some discussion, Chairman Hunt asked commission members for their comments. After some additional discussion, the Commission members raised the following concerns:

· The Utilities Commission recognizes that the Land Use Plan is a preliminary draft.
· The Utilities Commission recognizes that once adopted, the Land Use Plan would have a negative impact on the rates and plans of the Utilities Commission.
· The Utilities Commission would like written information about how projects, which were vested and previously approved as a subdivision, would be handled.

Bill Tignor made a motion to send a copy of the June 10th Utilities Commission minutes to the Planning Commission informing them of their concerns. The motion was seconded by Wendy Surman and passed unanimously.

6. Director of Utilities Report – Bob Bos provided his final report to the Utilities Commission as the Director of Utilities. Bob briefly spoke on the following three points:
1. The financial challenge for the Utilities Department;
2. The vision for the Utilities Commission, and
3. Remaining Proactive

Bob also thanked the Commission for their service to the Utilities Department and to the citizens of Stafford County.

7. Commission Members Comments –Wendy Surman suggested that a study be completed of the financial impact to Utilities prior to a final draft of the Land Use Plan being adopted.

Patricia Kurpiel commented that at the last BOS meeting, Mr. Brito and Mr. Milde suggested investigation of an idea for funding Purchase Development Rights, namely, assessing a hypothetical real estate tax against properties that will be inundated by Rocky Pen Run Reservoir, to be paid by the Utilities Fund. The County Administrator noted that in some communities the Utilities Department pays a “real estate tax” for its sewage treatment plants and water processing facilities. It was agreed that the notions would be looked into.

Bill Tignor thanked Bob for his many years of leadership service to the Utilities Department and stated Stafford County Utilities was in a better place than when he first began working for the County.

There being no further business, the meeting was adjourned at 8:20 p.m.

Respectfully submitted,

William C. Tignor
Recording Secretary