Greene County Revises Water/Sewer Connection Payment Timing

By. Brent Wilson, Field Officer

In 2008, Greene County developed a policy to sell Equivalent Dwelling Units (EDU’s) for water and sewer connections.  At the time, concerns were raised regarding the allowance of the speculative purchase of EDU’s, prior to the actual need.  As the cost of EDU’s increased (currently $10,000 for water and $10,000 for sewer) the timing of the EDU’s purchase has become an issue, especially for smaller builders.

At the only December meeting for the Greene Supervisors, Planning Director, Bart Svoboda, explained, numerous conversations with builders that have highlighted the cash flow problem this policy creates. So an alternative policy of charging for the EDU’s as a requirement for issuing a Certificate of Occupancy was proposed for Board consideration. However, the contractor runs the risk of EDU’s not being available if he waits until the project is ready to be occupied.

Chairperson Michelle Flynn (Ruckersville) asked if a builder could opt to buy the EDU’s the way they have up until now? Svoboda answered that yes, the contractor effectively would have the option as to when to buy the EDU. He could buy the EDU like the current policy provides and, therefore, he is sure he has the water and sewer connection before the project is started. Or he could wait until the project is ready for occupancy and then purchase the EDU with no guaranty that water and sewer will be available.

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Jim Frydl

Supervisor Jim Frydl (Midway) commented that the risk of water and sewer not being available is small.

The argument for delaying payment is that paying for the EDU closer to when the property can be occupied allows for the revenue stream of the business/residence to begin and provide the funds to pay for the EDU connections.

Some other Virginia localities do not allow the purchase of EDU’s until the building permit is issued for a specific parcel.  Such a policy significantly impacts the ability to “speculatively” purchase EDU’s at a a lower rate than the cost of such EDU’s at redemption.   This potential reform was not discussed on Tuesday.

At this point County Administrator, John Barkley, clarified that any changes to the EDU policy must first be approved by Greene’s Supervisors and then it can be approved by RSA.

Supervisor Bill Martin commented that the current reservoir project will relieve the limitation of water in Greene County. At that point Chairperson Michelle Flynn proposed that the option to pay when connected be approved and that motion was unanimously approved.

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Marie Durrer

Frydl Farewell

The last action taken at the final 2017 meeting was to thank Frydl who completed his second term. Frydl was defeated in his bid for a third term by Marie Durrer, former Clerk of the Circuit Court in Greene County.  Durrer will be sworn in in January.

Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.  The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you.  To support this important work please donate online at www.freeenterpriseforum.org

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Albemarle’s $52 Million Rain Tax Department

By. Neil Williamson, President

rain gifFarmers count on rain to feed their crops; Albemarle County is counting on the Rain Tax (AKA Storm water “fee”) to grow government by over Twenty new full time employees and a 10 year budget that exceeds $52 million. [corrected 12/5 9:44]

Please let me explain.

In 2013, Albemarle County thought it needed a Rain Tax (a fee paid by all land owners based on the percentage of impervious surface) in order to meet state mandated Chesapeake Bay regulations for pollutants.

In late 2014, staff projected the costs to be nearly $2.5 Million a year.  During the preparation of Albemarle County’s Chesapeake Bay TMDL  Action Plan they found they would receive credits for the many stormwater Best Management Practices (BMPs) – both private and public – that were already built. Albemarle’s Water Resources Program Manager, Greg Harper Harper explains:

While the County is required to achieve 5% of its long-term required pollutant reductions by July 1, 2018, the current status of reductions is as follows:

pollutant reductions achieved as percent of total, long-term requirement

phosphorus  68%

nitrogen 99%

sediment 137%

All (100%) reductions must be achieved by 2028. As you can see, we are theoretically complete with required nitrogen and sediment reductions and two-thirds complete with phosphorus reductions. [emphasis added-nw].

When it was determined that Albemarle was well on its way to meeting those requirements, the Free Enterprise Forum wrongfully thought this would be the end of the discussion of a rain tax [see Singing in the Rain].

Instead, gifted with this “fee” authority from the General Assembly, Albemarle tasked staff to come up with a plan to spend the money to address the county’s greying stormwater infrastructure – .

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Make no mistake this is the beginning of an Albemarle County Public Works Department with Twenty new full time employees  (corrected 12/5 9:44 am) and an annual budget of roughly $5 million absent any check on its further expansion based on a dedicated revenue source

While the Free Enterprise Forum is not questioning the need for many of these infrastructure improvements, we believe these projects should compete with other capital projects in the biannual Capital Improvement Plan (CIP).  Such project competition breeds efficiency and promotes transparency just as a dedicated revenue source reduces sunlight, breeds complacency and presents the opportunity for mismanagement and malfeasance.

Respectfully Submitted,

Neil Williamson

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Neil Williamson is the President of The Free Enterprise Forum, a public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa  and Nelson County.  For more information visit the website www.freeenterpriseforum.org

Photo Credits: giphy.com, Albemarle County

VDOT’s ‘Charlie Brown’ Street Trees & ARB’s Double Standard

FORUM WATCH EDITORIAL

By Neil Williamson, President

Much like Charlie Brown’s Christmas tree, the young street trees planted as cbrown christmas treepart of the Route 29 Solutions projects may be the very best suited to provide the long term tree canopy desired, but if such trees were a part of a private application (residential, industrial or commercial) they would be summarily rejected – just like Charlie Brown’s Christmas tree.

The public policy question is: Should a tree planted on behalf of a state agency along one of Albemarle County’s 21(!) Entrance Corridors meet the County’s requirements for private businesses locating on said corridor?

In fairness, most would reply yes. Not in Albemarle.

Please let me explain.

Merriam-Webster defines a double standard as:

a set of principles that applies differently and usually more rigorously to one group of people or circumstances than to another;

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US 29 Northbound (just South of Ashwood Boulevard)

The Virginia Department of Transportation (VDOT) will look back on 2017 in Charlottesville as a year of getting things done.  Working with motivated contractors (and elected officials) the Route 29 Solutions projects were completed with great agility.

As a part of the projects, VDOT contractors planted literally thousands of plants along US 29 and Berkmar Extended.  Each and every one of these plants have a one year guarantee from the contractor.   Therefore it is in the contractor’s best interest to plant trees that meet the VDOT standard and with the highest likelihood for survival.

Very few (if any) of these trees would meet Albemarle’s Architectural Review Board (ARB) trunk requirement of 3 1/2”.

University of Missouri researcher W. Todd Watson, writing in Hortitechnology magazine, found virtually no difference in the eventual height of trees when caliper size was used as a metric for success.  image

Filled with engineers, VDOT is nothing if not specific about their tree planting activity.  The have an arborist on staff to assist in species selection as well as planting details.  Nowhere in VDOT Section 1200 Landscape can we find any information regarding mandated tree caliper size.  Could it be that VDOT prefers to allow the design professionals determine the most efficient and effective landscaping over the life of the roadway?

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Roundabout Berkmar Drive Ext at Hilton Heights Rd

This double standard was brought to the attention of the ARB and was discussed back in September.  The conversation recognized the higher cost and limited availability of 3 1/2” caliper trees and recognized the maintenance of the trees after transplanting had a significant impact on their rate of survival.  In addition, they mentioned one specific proposal that might be reconsidered based on this information and asked for that project to come back the following meeting.

The specific application that prompted the latest discussion was on the agenda on October 2nd but after a two week hiatus, the ARB seemed to have a change of heart regarding the flexibility of the “guidelines”

c. ARB-2017-69: North Pointe Middle Entrance Landscape Plan: Tree size

The ARB viewed the revised landscape plan and considered the applicant’s request to use a smaller planting size for EC street trees. It was the consensus of the ARB that the 3½” planting size requirement should be followed for this application, but staff should present additional information on the planting size issue for continued ARB discussion on a more general basis.

While the Free Enterprise Forum does not have an opinion on this application; we do wish the ARB would revisit their planting size requirement decision.  To do so could lower cost for applicants, perhaps increase tree viability and result with the same tree canopy.

In short, we ask the ARB to follow Linus Van Pelt’s advice regarding installation size and maintenance:charliebrowntree2

I never thought it was such a bad little tree. It’s not bad at all, really. Maybe it just needs a little love.

Respectfully Submitted,

Neil Williamson, President

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20070731williamson Neil Williamson is the President of The Free Enterprise Forum, a privately funded non partisan public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.  For more information visit the website www.freeenterpriseforum.org

Photo Credit: United Feature Syndicate in cooperation with Columbia Broadcasting System (CBS) (1965)

Fluvanna Primes The New Business Pump

By. Bryan Rothamel, Field Officer

Fluvanna County is trying to be more shovel ready.

The Fluvanna County Board of Supervisors approved transferring $35,000 to start the Fluvanna Shovel Ready Sites Program (FSRSP). The program is set up to help Zion Crossroad area landowners move sites up the development tier.

Currently the county has no properties in the lowest of a five tier grading scale. The FSRSP will help move properties higher up the scale.

“The objective is to get as close as possible to tier five,” said economic development coordinator Jason Smith.

Steve Nichols

Staff stressed the program is assist landowners wanting to move closer to development.

“The program is not to tell citizens what to do with their property,” said Steve Nichols, county administrator.

The program would be administrated by the Fluvanna Economic Development Authority. The EDA and staff recommended a grant based program. The supervisors approved an interest free loan program to be repaid paid back after land use changed.

“There are a lot of places you can put shovel ready sites, but I think we all agree Zion Crossroads makes a lot of sense,” said Tony O’Brien (Rivanna District). O’Brien noted being briefed on a report that Virginia was losing out to development because of lack of shovel ready sites.

Also at the November 15 meeting, supervisors appropriated an additional $54,000 to construct the Farm Heritage Museum to be placed at Pleasant Grove, near the farm house.

The project includes over $250,000 from the funds raised and secured by the Fluvanna Historical Society. The historical society also pledged to give $5,000 over five years to help offset the $54,000 the county is outlaying.

The entire project is estimated at $340,000. The facility will be owned by the county. The bid for construction was awarded to Fuog/InterBuild. The company estimates it will take eight weeks to complete after building permit is issued.

Don Weaver (Cunningham District) was the lone vote against the county contributing $54,000 to complete the project. The county already gave $15,000 to complete site work.

“Should the tax payers pick up the tab,” asked Weaver.

Mozell Booker (Fork Union District) noted how much money was raised from resident and business donations. “That’s telling me there is community support,” said Booker.

Weaver voted with the majority to award the bid and accept funding from the historical society.

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The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS®and by the support of readers like you.

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Photo Credits: Fluvanna County

Albemarle Restrictions Benefit Greene Cell Coverage

By. Brent Wilson, Field Officer

In an interesting twist of regulatory roulette,Greene County citizens will gain significant wireless coverage area as a result of existing cell tower restrictions in neighboring Albemarle County. See the source image

TowerCom, LLC represented by Valerie Long, Esq. approached the Greene County Board of Supervisors at their November 14th meeting, asking for a Special Use Permit for a cell tower in southwest Greene County near the Albemarle County line along Simmons Gap RoadT-Mobile is the cellular carrier that is interested in locating on the TowerCom tower.

During the October Planning Commission public hearing, one Greene County resident questioned the location of the proposed tower, suggesting that if the tower were to be located further into Greene County, it would serve more Greene County residents.

So that raised the question, why did TowerCom choose the location they chose?  Long addressed this issue directly explaining that they looked at several locations in northwest Albemarle County. However, as Albemarle County significantly restricts the height of cell towers – shorter than the 199 feet in Greene County. So, the potential number of customers (and therefore the potential revenue) is smaller from a shorter cell tower constructed in Albemarle County. And fewer residents in Greene County would receive cell service from a tower in Albemarle County than in Greene County.

clip_image003Inversely, a cell tower constructed in Greene County is permitted to go up to 199 feet and therefore reach more customers, both in Greene County and Albemarle County. The answer to the question as to why not locate the tower further north in Greene County comes down to which location generates the most revenue.

Due to population densities, moving the tower further north into Greene County contacts fewer total customers, although more residents of Greene County would be connected. The bottom line is that the money from an Albemarle County customer is worth the same at the money paid by a customer in Greene County. And therefore, T-Mobile wants to maximize their revenue and that happens where they positioned the tower in Greene County where they can reach the most customers.

T-Mobile is attracted to Greene County because it can install a taller tower and get more customers than in Albemarle County. But without the potential customers in Albemarle County it is questionable  that T-Mobile or any cell carrier would install a tower to only service the southwest portion of Greene County. Thankfully cell service doesn’t know county line barriers!

The special use permit was unanimously approved with provisions about color and materials and that the tower must begin construction within one year of the permit being approved. This has been an issue in the past where SUP’s have been approved but no tower has been constructed.

The one hurdle to the project outside the control of the Supervisors is that the property needed to provide access to the tower location is owned by Lance Petty and while he has granted a right of way to Ron and Janet Parham, he argues that the right of way doesn’t convey the ability to grant permission to another party. This issue will need to be resolved before construction can begin.

Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.  The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you.  To support this important work please donate online at www.freeenterpriseforum.org

Fluvanna Voters Return Incumbent Supervisors

By. Bryan Rothamel, Field Officer

The next two years of the Fluvanna County Board of Supervisors will look just like they do now.  Incumbents Tony O’Brien, Mike Sheridan and Don Weaver all won re-election on November 7.
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The Rivanna District was the only contested race of the three with O’Brien winning almost 60 percent of the vote. He defeated challenger Darrell Byers.
“I think the election was a reflection of educated voters who understand that the county’s continued need to balance the tax base through economic development and recognize that we need to provide competitive cores services to thrive,” said O’Brien in an emailed statement.
“The voter also recognized that both the county administration and the [Board of Supervisors] are focused and committed to resolving these challenges while always striving for transparent and accountable fiscal stewardship.”

Supervisor Don Weaver

Sheridan (Columbia District) and Weaver (Cunningham District) each carried over 95 percent of the vote in their respective districts.  For Sheridan and O’Brien, this will be their second term. Weaver has served 28 years. This upcoming term he will embark on a third decade in office.
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The board is set to have continuity for the next two years. While terms are four years long, Patricia Eager (Palmyra District) and Mozell Booker (Fork Union District) have two years remaining on each of their terms.

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The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS®and by the support of readers like you.

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Fluvanna Water Project Out To Bid

By. Bryan Rothamel, Field Officer

turn on waterThey said the day would never come.

On November 1st, 2017, Fluvanna County put the Zion Crossroads water and sewer project out to bid.

Decades of discussion have culminated in the supervisors advertising for bid the $11.9 million project.

The request for bid will be done in three parts. The pipes, the mechanical and the water tower are all in separate requests in hops of getting better bids by companies that would otherwise have to subcontract.

After the supervisors completed a series of motions, the room applauded as the long chapter of Fluvanna politics is nearing a close. The project is expected to take 18 months to construct.

Economic Development?  Supervisors also initiated a rezoning process for an undisclosed business trying to relocate in the Zion Crossroads area. The project would be an investment of $8 to $10 million and bring about 40 jobs to the county. The business would be disclosed once the public hearings occur.

The property is currently zoned agricultural and is seeking an industrial zoning. The county is also working with the business to get a hookup to the aforementioned water project once water is flowing.

In other water news, after a closed meeting, the supervisors pledged $5,000 to Caroline County for proposed legal advice on fighting Aqua America’s proposed rate increases. Lake Monticello is served by Aqua. Caroline County has several subdivisions also served by Aqua, estimated at 30 percent of its population.

Caroline reached out to other home owners associations and locality governments for assistance in teaming together to fight against Aqua’s request. Caroline estimated the cost of legal advice and State Corporation Commission expert help at over $75,000.

Other presentations during the November 1st  meeting included one from an official from Fluvanna Girls Softball League (FGSL). FGSL wanted the county to loan $25,000 to the private organization to field improvements at the Carysbrook field. Work included leveling the infield and outfield as well as replacing the backstop and adding an outfield fence.

The proposed loan was $25,000 paid over five years with 2 percent interest. Unfortunately, supervisors were briefed by the county attorney they have no legal authority to loan money to FGSL, a private organization. Because Carysbrook is county property, the county could construct the requested work and FGSL can voluntarily contribute to the county’s coffers.

Chris Fairchild, FGSL official, said even if the supervisors said they didn’t want to be paid back, FGSL wants to pay for the improvements. Supervisors and the parks and recreation department will work with FGSL to get work scheduled as previously planned.

Over the course of the last 15 years, FGSL has invested $168,000 in field improvements including construction of dugouts and concession stand.

Supervisors were briefed on preliminary budget projections of the Fluvanna County Public Schools system. Chuck Winkler, superintendent, is projecting a request of $2.2 million over last year’s budget.

That estimate included standards of quality changes that are partially funded by the state. He included the entire figure but noted if the state implemented, it would have a huge state budget implication. He said the likelihood of being passed was slim, but included it as a precaution.

Also in Winkler’s increase were pay raises and increase in health care costs. He also had additional money for technology improvements. He noted that if technology was funded again by Capital Improvement funds, it lowers the county’s per pupil spending.

The supervisors will next meet on November 15 at 7 p.m.

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The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS®and by the support of readers like you.

Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum

Who Will Decide Election 2017?

By. Neil Williamson, PresidentBallot Box

One day left.  Mercifully.

Citizens and candidates alike look forward to the end of the election season. As one local incumbent described the process, “There’s two ways to run, unopposed or scared”.

Unfortunately, this election we have many seats running unopposed. This is not an indictment of the candidates running, The Free Enterprise Forum strongly believes contested races make better candidates. Simply put contested elections make candidates explain and defend their positions thus making the public better informed and generates better policy after the election.

johnny RaincloudNot to be ‘Johnny Raincloud’ but the weather report for Election Day 2017 looks pretty gloomy; this generally suppresses voter participation.

By virtue of reading this post, you tend to be one of the more engaged community members.  By now, you likely know who is running for local office in your locality.  Hopefully, you know where they stand on issues that are important to you and you have selected the candidate that best represents your views.

Here in Virginia we like elections so much we hold them every year.  This year is an “off-year” election meaning there are no Federal offices on the ballot but there is a gubernatorial race. By means of contrast the 2016 presidential election year saw 72.05% statewide voter turnout compared with the last “off” year the 2013 Gubernatorial election turnout of 43.0%.

Based on early absentee voting and historical averages, the Free Enterprise Forum anticipates the 2017 statewide election turnout to hover near 40%.  Locally, the lack of multiple contested races may hinder turnout. We do not believe it will exceed 50%.

virginia voter turnout photo credit Rassmuten

Credit: Rassumsen Reports

It is not a leap to predict roughly half of registered voters likely will not vote this cycle.  Therefore, regardless of the locality, this year’s campaign will come down to which campaign motivates their voters to show up at the polls.

Get Out The Vote, known in the ‘biz’ as “GOTV”, campaigns have been underway by the major parties, and special interest groups, for a number of weeks.  Likely voters are being contacted via mail, phone, and in person by party operatives and candidates.  Historically, this type of “ground game” can make the difference.  Over the years, we have seen the amount of shoe leather candidates put into the campaign can have a higher return than signs and advertising in many of the local races.

Every vote matters as evidenced by several recent close elections.  In the 2013 Samuel Miller District Race in Albemarle County, Liz Palmer on a Board of Supervisors contest by 874 votes. The same year, Jim Frydl  won his Greene County Supervisor race by 33 votes. In 2011, Supervisor Davis Lamb won his Ruckersville seat by just 15 votes (with 41 votes going to a candidate who had dropped out of the race).

Typically turnout elections favor those candidates with well defined and energized constituencies.  While there are a multiplicity of local constituencies with varying levels of organization, the question of election day is which of these constituencies are both motivated and energized.  Put succinctly, what half will show up?Badge

The Free Enterprise Forum is a non partisan public policy organization, as such we embrace elections as the political marketplace for ideas.  We sincerely thank ALL the candidates who are making the sacrifice to run for public office.  We strongly encourage everyone to make your voice heard by voting.

The candidates have done their job by running now it is up to you – Polls will be open Tuesday from 6 am to 7 pm.—VOTE

If you do not know where you vote, click here for your polling place.

Respectfully Submitted,

Neil Williamson, President

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20070731williamson Neil Williamson is the President of The Free Enterprise Forum, a privately funded non partisan public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.  For more information visit the website www.freeenterpriseforum.org

 

Photo Credit: http://dracotempest.deviantart.com/art/Johnny-Raincloud-609304000

Unintended Consequence–Albemarle’s AirBnB Black Market

FORUM WATCH EDITORIAL

By. Neil Williamson, President

When a new business concept is successful the first thing the government attempts to do is tax it.  What is the second thing? – regulate it.  In an interesting ‘Short Term Rental’ twist of fate, Albemarle has completed the first thing ensuringBlack Market photo credit news.softpedia but is about to put those revenue sources (and others) in jeopardy by driving much of this thriving new industry out of the open and into a Black Market.

Please let me explain.

Back in June 2017, Albemarle joined many Virginia localities in updating its tax code to capture ‘transient lodging’

TAX CODE
At its June 14, 2017 Board meeting, the Board of Supervisors amended the County Code §15-900 and §15-901 to enable the County to impose taxes on residential transient lodging, previously not included in this regulation. They also amended County Code §8-616 to explicitly list short-term rentals on the list of businesses subject to the business,professions, and occupations licensing (BPOL) tax requirements.

Albemarle County has been engaged in a “community conversation” regarding the regulation of short term rentals (AirBnB, HomeStay Charlottesville, etc.).  Rather than dealing specifically with the impacts of such rentals, with ordinances already on the books, Albemarle is seeking to restrict the number of rentals any property might be able to book in any given calendar year. This is a mistake.

According to Allison Wrabel’s article in Monday’s (10/30) Daily Progress, our good friend, Travis Pietila, of the Southern Environmental Law Center (SELC) spoke out last week’ Planning Commission meeting about this very issue:

“We need to make sure that the revenue to be gained from homestays does not lead to building new houses in the rural area that would not otherwise be built, and it’s critical that the limits put in place to keep that from happening are enforceable,” he said.

Pietila said that the 90-day limit proposed for whole house rental was too high and that a 30-day limit seemed much more appropriate.

“But a more fundamental concern is that the limits based on a number of days a property can be rented would prove unenforceable,” he said.

While we firmly disagree with SELC’s position that property owners should be restricted from building new homes on parcels that have that fundamental property right, we concur that limits based on a number of days would not only prove unenforceable – it not only starts a negative domino effect on transparency and taxation – it is an unfair restriction on property rights.

Negative Domino effect – if allowed to only permitted to rent my house on a short term basis for 30 days a year, that is exactly what some savvy property owner will claim.  If there is market demand for greater than 30 days a year (ie: weekend from April 15 to December 31 = 76 days), the incentive is to rent the space and not claim the rental on the TOT form, lower the BPOL payment, don’t report the rental revenue for 46 days of occupancy on state or federal income tax forms.

This scenario fits Investopedia’s definition of a Black Market:

Economic activity that takes place outside government-sanctioned channels. Black market transactions usually occur “under the table” to let participants avoid government price controls or taxes. The black market is also the venue where highly controlled substances or products such as drugs and firearms are illegally traded. Black markets can take a toll on an economy, since they are shadow markets where economic activity is not recorded and taxes are not paid. In the financial context, the biggest black market exists for currencies in nations with strict currency controls. While most consumers may shun the black market because they consider it sleazy, there may be rare occasions when they have no choice but to turn to this necessary evil.

What is gained by this charade?

More from Wrabel’s article:

Commissioner Pam Riley said she is concerned about the impact on local housing, especially as the county considers adding apartments and townhomes.

“The more you remove what could be housing units, really at any price range, from the long-term rental, you’re really exacerbating your affordability problem,” she said.

The Free Enterprise Forum finds itself again agreeing with SELC’s Pietila’s  economic analysis, if not his property rights restriction on that analysis:

Pietila said officials should consider limiting whole-house rentals in the rural area to existing houses.

“This would give existing homeowners the ability to earn some extra income and help defray housing costs, while reducing the risk of encouraging new house construction,” he said.

We have seen anecdotally, the short term rental income provides the revenue needed that makes the housing ‘affordable’.  If a unit (home, apartment, townhouse) has a monthly cost (mortgage/rent) of $900 a month and it is rented four weekend days at $150 a night, that generates $600 in revenue, this income helps offset housing cost.  Anecdotally, we have witnessed families visit their parents for football weekends and pay their entire monthly housing cost with the revenue.

Commissioner Daphne Spain is quoted in Wrabel’s article questioning the property owner rights regarding short term rentals:

…Spain said she noticed that many comments said that people should be able to do what they want with their homes to generate income.

“I don’t give much credence to that, because if they wanted to open a brewery or a speakeasy to earn money, or a brothel, that wouldn’t be allowed, so there are limits for the public good on what a person can do with their home and these are all residential areas,” she said.

Spain’s argument is really comparing apples and oranges. Unlike a brewery (or even brothel), the use of the property is still residential – it is just a question of the length of stay in residential.  How are the impacts different?

Which has more impact on me as a land owner, my neighbor renting out his house on weekends or a family with 5 teenagers moving in next door?

The reality we see from the Planning Commission is a clear anti short term rental bias.  Albemarle County would be wise to focus on mitigating any impacts of short term rentals [under existing ordinances] and skip any fatally flawed attempt to strangle this thriving new business with onerous regulations that are unlikely to be followed and will be impossible to enforce.

Respectfully Submitted,

Neil Williamson, President

Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and  Nelson County.

Greene County Supervisors Revise R-2 Zoning Height

By. Brent Wilson, Field Officer

Last night, the Greene County Board of Supervisors amended its zoning ordinance and accepted amended applicant proffers, both actions will directly impact the proposed expansion of an existing residential community on the southern edge of the county.  Preddy Gables, LLC has a development of apartments on the northbound side of Route 29 south of Preddy Creek Road and they came to the October 24th Board of Supervisors meeting asking that the height restriction be increased in order to make changes to their design and amenities for Phase III of their project.

clip_image002The first step of the process was to request the board to change the ordinance height limitation from 40 to 50 feet. This is included in the R-2 District under Article 6 within the Residential District. County Planner, Stephanie Golon, presented the request which not only affects this property but all R-2 property in the county. She explained that most R-2 designation are in the growth area of Greene County and it is compatible with the Comprehensive Plan.

Supervisor Jim Frydl (Midway) agreed with the change since R-2 is where the county is planning for increased density, investing in infrastructure and he made a motion to make the change to 50 feet. This motion was unanimously approved by the Board of Supervisors.

clip_image004The second action item was from Preddy Gables, LLC which offered to amend the proffers they originally offered in July, 2004. The amended proffer to increase the number of residential units by 90.  Originally approved for 350 units, 260 have already been constructed.

The revised proffer, with the just passed 50 foot height allowance, would include structured parking (80 spaces) underneath the building, an additional swimming pool and an enclosed dog run. In addition, this phase would have elevators in the buildings rather than only offer stairs. The structured parking resulted in additional building height also factored into the demand for elevator.  The final and perhaps most important from a financial impact to Greene County is that the units will be reduced from three bedroom units to two bedroom units.

The impact of this change is logically that the families occupying the units will be smaller, i.e. fewer children. Fewer children will result in a reduced demand on the school system which is the main consumer of tax revenue in the county.

This was a public hearing yet that were no citizens speaking either for or against the revised proffers. Supervisor Bill Martin (Stanardsville) commented that this is a reasonable adjustment to Preddy Gables plan and they have listened to the market in making changes to their amenities that their client want to see in Phase III of the project.

Chairperson Michelle Flynn (Ruckersville) stated that while Preddy Creek is not specifically designed just for elderly citizens, like Four Seasons a 55 and better community on Route 33, buclip_image006t the inclusion of an elevator to reach the upper floors is a key component to this development.  She mentioned this product would be very beneficial for the aging population cohort.

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Supervisor Jim Frydl (Midway District)

Frydl concluded that this was a market based solution and that amending the proffers, especially from three bedrooms down to two bedrooms, reduces the impact on schools. “There is obviously a market need for this type of housing”, Frydl said. The Board all agreed and approved the revised proffers by a vote of 5-0.

The addition of more residents in Ruckersville will hopefully create more demand and entice new commercial development in Ruckersville. So that even though the previously required commercial development has been removed from the proffers, in the long run, the same result may occur with additional commercial development being attracted by more “rooftops”.

Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization.  The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you.  To support this important work please donate online at www.freeenterpriseforum.org