Monthly Archives: February, 2017

Fluvanna BOS Approves Conservation Easement – Removes 331 Residential Units; Approves Two New Zion X-Roads Industrial Operations

By. Bryan Rothamel, Field Officer

Fluvanna County’s once unpopular Poplar Ridge residential subdivision proposal is now officially dead.

During a February 15 meeting, the Fluvanna Board of Supervisors voted unanimously to approve a conservation easement for the property.  Poplar Ridge was approved in August 2014 for 156 single family attached units and 175 single family detached units situated on the 232 acres. The property is just north of Palmyra, next to Camp Friendship. The conservation easement will severely restrict the usage of the property and that’s the goal of the owner. The owner receives tax benefits for conserving the land.

“The effect on this is to restrict land in perpetuity,” said the county’s attorney, Fred Payne.
Payne explained to the supervisors to change this conservation easement is very difficult because it requires action by the federal, state and local governments.  “In effect what you are doing is locking this property in the state it is now,” said Payne.  The easement restricts the lands usage so much, Payne estimated there wouldn’t be many usages available because the zoning restrictions are also in effect.
For example, the land is zoned R-3 which is for development of more village-like housing. The easement now restricts building or subdividing but allows hunting. The zoning doesn’t allow hunting.
Jack Hanssen, lawyer for the applicant, said, “[The applicant] reserved the right to donate this [land] for a public park.”

Supervisors also approved two rezoning requests in the Zion Crossroads area.

The first was for Wilson Ready-Mix Concrete plant, to be built just east of the Fluvanna Women’s Correctional Facility.  The concrete plant would have a retail area but would mainly be for creating and transporting concrete out.  Frank Gallo was the only person to speak during the public hearing. He spoke out against rezoning area in Zion Crossroads to industrial because the area should be a commercial area, especially because of the investment in water the county will be making in the coming years.

Gallo said, “If you build it, they will come. But the flip side of it is if you screw it up, they won’t.”

Tony O’Brien (Rivanna District) agreed with Gallo the county needs to keep in mind the investment in water would return higher dollar in commercial. “He raises an excellent point,” said O’Brien.

O’Brien did counter, “With the jail next door and certain industrial (land) nearby, this may fit in.”

Eager2016Cropped

Patricia Eager

Patricia Eager (Palmyra District) applauded an industrial company coming into the county. “I came from an industrial area,” said Eager. “We need good industries. We need concrete.”

The rezoning passed unanimously.

The supervisors also unanimously approved Foster Fuels’ rezoning request to industrial. The property is located in the Zion Crossroad Industrial Park and across from Red Rocker Candy. Foster Fuels application included a provision to have two 30,000 gallon propane Image result for foster fuelsfuel tanks on the property.  Currently Foster Fuels services propane to the area by filling delivery trucks at an Afton location. This new location will greatly help Foster Fuel service the area better.

Other action by the supervisors was appointing everyone who desired to be on the Broadband Access Taskforce. The supervisors couldn’t narrow down the applicants for the committee. The group will meet until October in an effort to improve Fluvanna’s broadband access in rural areas.

The Board of Supervisors also finalized plans to make the county more energy efficient. The money spent on the project is guaranteed to be offset by energy savings.

The next supervisors will next meet for a work session on February 22. The bulk of the time will be spent on agency updates. The meeting starts at 7 p.m. in the Morris Room.


https://freeenterpriseforum.files.wordpress.com/2015/10/bryan-rothamel.jpg?w=151&h=151The 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 Credit: Fluvanna County, Foster Fuels

Greene Supervisors Approve Capital Improvement Plan

By. Brent Wilson, Field Officer

The Greene County Planning Commission had recommended approval of the county’s Capital Improvement Plan (CIP) to the Board of Supervisors back in December.   At the February 14th meeting the BOS held a public hearing to consider adopting the CIP.

Planning Director Bart Svoboda presented the CIP and, while it has taken time to get to this point, he stated that the CIP will provide a  good budgeting tool for the Supervisors. Two of the largest projects for the county are the water impoundment system  and the school expansion projects.

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The CIP process has been refined to delete the maintenance items and set a threshold for inclusion at buildings of $20,000 and $5,000 for equipment items. Svoboda continued that the CIP will help the Board be forward looking as the plan goes out five years at a time.

Commissioner Bill Martin (Stanardsville) hopes to make the document part of the budget process in the next budget period. Svoboda indicated that the county may not have enough funds to do all the projects in the plan so that prioritizing is critical. The next step to be done is a facilities assessment study to determine what needs to be done in what order. And then to sort based on safety and legal requirements as being the most important.

Supervisor Dale Herring (At-Large) agreed that the goal of the Board should be to conduct a facilities assessment and incorporate that into the CIP. Supervisor Jim Frydl (Midway) thanked Jay Willer (Chairman of the Greene County Planning Commission) and those that helped him to get the plan to this point. Frydl stated that “this is a positive step that needs to go further”.

Chairperson Michelle Flynn (Ruckersville) agreed that the Board needs to be forward looking and that the Capital Improvement Plan will help them do just that and will allow them to be proactive instead of reactive. The CIP was unanimously approved by the Board of Supervisors.

Unfortunately the delay of the approval of the CIP until after the budget data has been received back from the county’s departments has made the current Capital Improvement Plan useless for the budget cycle that is currently underway.

The CIP needs to lead the process so that it can be used to guide the Supervisors to include or exclude projects in the new budget cycle and incorporate the cost of the projects in their budget. Hopefully the Board of Supervisors will start the cycle of the next CIP before the 2019 budget process begins. Otherwise it is just a wish list on a spreadsheet.

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

Fixing Charlottesville NDS Engine Light

By Neil Williamson, President

car-check-engine-lightIf you have ever driven with a “Check Engine” light illuminated, you have an idea of where Charlottesville’s Neighborhood Development Services (NDS) Department has been for some time.

Everyone (land owners, neighborhood associations, developers, etc.) agrees that something is seriously wrong but no one knows specifically what it is or, perhaps more importantly, how to fix it – until now.

In 2016, the City of Charlottesville contracted the Novak Consulting Group to conduct an organizational efficiency study.  Their 152 page report reflects significant engagement by this consultant with not only City staff but also the various departmental “customers”.  For NDS that interaction included members of the development community as represented by the Charlottesville Area Development Roundtable (CADRe).  This type of 360 degree review is to be commended.

The report identifies structural issues with NDS and attempts to quantify the workload of the 37.5 Full Time Employees.  The report highlights five recommendations (number 26-30 of the report) to improve the NDS department.  Three of these recommendations are rather perfunctory, new software, workload tracking and fee schedule review but two of the recommendations stand out as bold and, perhaps, game-changing.  Unfortunately, in reviewing the staff responses to the recommendations (see below), the Free Enterprise Forum is not convinced the culture of NDS will change without significant outside influence.

 

RECOMMENDATION 27: Designate an Assistant City Manager as the owner of the City’s development review process and Chair of the Pre Development Meeting.

Currently all development related applications are processed and managed by staff within NDS.  Front desk staff perform intake, and then an application is assigned to appropriate Planning staff. The Planner assigned to the case reviews the application and sends hard copies of the plans to the appropriate department – such as Public Works, Parks – for comment. All comments are then sent back to the Planner who compiles them and provides them to the
applicant. Then it is the responsibility of the applicant to address all comments.
Unfortunately, this process does not provide an opportunity to resolve issues among comments.

When there is disagreement or conflict between comments, the applicant is often put in the position of mediating the resolution between departments or disciplines. The development review process in Charlottesville needs a designated owner. The owner needs to be in a position of authority in order to provide clear and consistent direction to all
development review staff, regardless of their department. This position should also be the face of the process to the development community. It is recommended that an Assistant City Manager serve in this role. [emphasis added – nw]

Staff response:

Staff agrees that a comprehensive review of the development process is necessary. Staff agrees that a consistent process that ensures responses to applicants that have been reached through a cooperative inter-departmental process is absolutely critical. Staff would like to further explore the efficacy of the model suggested and the connection to the City Manager’s office.

On the face of this recommendation it is clear that NDS lacks appropriate leadership.  This recommendation is not about personalities but about the need for a titular head that has the authority to get things done.  Reading between the lines of the somewhat tepid staff response suggests they acknowledge the lack of leadership issue but are not yet sure how such a reorganization might impact the functions (and individuals) in NDS.

 

RECOMMENDATION 26: Engage the development community in a process to identify development review reforms.

As noted, NDS under its current Director has made concerted efforts to engage more directly with neighborhoods as well as the development community (process improvements, community outreach efforts, communication efforts). Through some of these efforts a group known as the Charlottesville Area Development Roundtable (CADRE) was formed. CADRE is comprised of
over 120 development community stakeholders (such as land owners, architects, engineers, builders, developers) with interest in the Charlottesville community. The group was formed in large part due to a common sense of frustration about the City’s development approval process.

To learn more about these issues, The Novak Consulting Group met with CADRE’s steering committee. The group discussed a series of key issues that they are working to address with the City generally, and NDS specifically:
• Disconnect between Council, Planning Commission, and Staff regarding vision and administration
• Need for strategic planning and urban design
• Poor interdepartmental communication and coordination
• Lack of decision-making authority among staff

It is evident by the stakeholder feedback as well as staff interviews, that the current relationship with the development community is strained. In order to improve the relationship and most importantly identify needed reforms in the development process, it is recommended that the City and the development community engage in an improvement exercise.

The staff response:

NDS initiated this recommendation in February 2016. As a matter of fact, the development community has folded the Developers Roundtable Forum started by NDS into a formal countywide interest organization. NDS Director meets with the organization from time to time. The idea is to discuss mutual ways of addressing improvement to the review process. The development review process will always be a work in process. The developer’s roundtable can be utilized to provide feedback and suggestions.

Amazingly, the staff response honestly believes the creation of CADRe was a part of their outreach to the community.  I attended the February 2016 NDS developer meeting – there were specific questions about the feedback loop.  At the end of the meeting, staff suggested it was a great meeting and the  group should get together again in another year.  A meeting once a year is not engagement – it is a checklist item.

Yes CADRe is a result of NDS — it was the absolute failure of NDS to effectively communicate with the development community resulted in CADRe’s creation.  Engagement is important.  The Free Enterprise Forum strongly encourages the NDS Director to be present at all CADRe meetings not just “from time to time”.

Charlottesville should be saluted for closely examining their organizational efficiency.   In many ways now, the city has a diagnosis of what is wrong.

The question now is if anyone (City Council? City Manager? Citizens? CADRe?) will actually advocate for the fix of the NDS problem or simply ignore the engine light until it is too late.

Stay tuned.

Neil Williamson

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.

Photo Credits: Carpower.com

The Banana Boat and Charlottesville’s Proposed BPOL Reform

By. Neil Williamson, President

My first car was a yellow 1976 Ford Pinto Station Wagon 1977_Ford_Pinto_rear photo credit motoburg(fondly referred to as the ‘Banana Boat’).  Over time, I upgraded the stereo and dressed up the interior but it never really changed the fundamental fact that my teenage “ride” was a yellow Pinto Station Wagon.

This car came to mind as I watch Charlottesville consider important and proper changes to their Business Professional Occupancy License (BPOL) tax.

Please let me explain.

On March 6th, Charlottesville City Council will be considering changes to their BPOL Ordinance designed to promote fairness to mid-sized businesses.  Currently, any business operating in Charlottesville is required to pay BPOL based on its gross receipts. In fiscal year 2016, the BPOL tax generated $6.9 Million dollars in revenue for the City, 4.4% of all City revenue.  All 38 cities in Virginia charge BPOL.  The Free Enterprise Forum believes this is an unfair tax as it is based on gross receipts and has called for it repeal.

Staff provided several examples of the challenges under the existing ordinance:

Charlottesville businesses grossing $50,000 or less per year pay a flat fee of $35 and businesses grossing more than $50,000 pay based on a rate (established in State Code and as determined by the particular type of business) multiplied by annual gross receipts.

As an example, a veterinarian grossing $49,000 per year pays $35 for an annual business license. A veterinarian grossing $51,000 per year pays according to the standard rate for veterinarians and other similar professions ($0.58/$100), and would pay a rate-based fee of $295.80.

A graphic designer grossing $49,000 per year pays $35 for an annual business license. A graphic designer grossing $51,000 per year pays according to the standard rate for graphic designers and other similar professions ($0.36/$100), and would pay a rate-based fee of $183.60. The effect is that similar small businesses with very similar gross receipts end up paying very different fee amounts.

Meanwhile in neighboring Albemarle County, businesses earning up to $100,000 pay a flat fee of $50.  Therefore the business starting out (>$50,000 gross revenue) pays less in Charlottesville until they cross the $50K threshold and then they pay much more.

The Commissioner of the Revenue has reported of hearing significant concerns from taxpayers about what can be a dramatic jump in their BPOL costs as they cross the $50K gross annual threshold.  It is important to recognize that $50K in gross revenue is the point where many businesses may be at the tipping point between viability and failure.

As the staff report outlines:

In an effort to attract, retain, and encourage small businesses in the City of Charlottesville, the Commissioner of the Revenue and City Treasurer are proposing a modest change to the fee structure used to assess BPOL:

  • Businesses grossing $50,000 and below continue to pay $35 license fee
  • Businesses grossing $50,001 to $100,000 pay a $50 license fee
  • Businesses grossing over $100,000 pay the license fee based on applicable BPOL rate

This proposed change would benefit small businesses within the City of Charlottesville by reducing the license fee paid by businesses earning between $50,000 and $100,000. Staff estimates that approximately 450 businesses would benefit from this structural change. There would also be a comparable change in the technology business incentive as well. We are recommending that these changes take place for the upcoming assessment year of 2018.

The Commissioner and Treasurer would note that this is a relatively modest proposal that seeks to provide meaningful relief to small businesses in our community within limited statutory, system, and budget constraints.

These changes do not come without cost.  Staff estimates adoption of this proposal would potentially reduce BPOL revenue by $93,000.

While the Free Enterprise Forum has consistently called for the REPEAL of BPOL, we are supportive of the reforms contained in the proposal.  In addition, we commend the Commissioner of the Revenue and the Treasurer for thinking beyond the bean counter box and seeking reform.  When properly implemented, we see these changes as leveling the playing field with adjoining localities, increasing fairness for small to mid sized businesses and promoting economic development.  1979 pinto cruising wagon

We would be remiss if we did not remind the City that regardless of changing the paint job, adding new tires and a kicking new stereo, you are still driving a Pinto Station Wagon.

Yes, repeal would be better but we support these commonsensical BPOL reforms.

Respectfully Submitted,

 

Neil Williamson

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.

Photo Credits: Motorbug.com, Autospost.com