Monthly Archives: October, 2018

Snow White and Albemarle’s Stream Health Incentives

FORUM WATCH EDITORIAL

By. Neil Williamson, President

snow-white-seven-dwarfs-cartoon-background-image-pcWhat does Albemarle County’s proposed incentives to improve stream health in the Development Areas have in common with Snow White and the Seven Dwarfs?

Beyond being simple and well intentioned, neither is based in reality.

Please let me explain.

Stream health regulation in Virginia really came into its own with the 1988 passage of the Chesapeake Bay Preservation Act.  According to Virginia’s Department of Environmental Quality (DEQ):

Virginia designed the Bay Act to enhance water quality and still allow reasonable development to continue.  The Bay Act balances state and local economic interests and water quality improvement by creating a unique cooperative partnership between state and Tidewater local governments to reduce and prevent nonpoint source pollution.  The Bay Act recognizes that local governments have the primary responsibility for land use decisions, expanding local government authority to manage water quality, and establishing a more specific relationship between water quality protection and local land use decision-making.

The Bay Act Program is the only program in Virginia state government that comprehensively addresses the effects of land use planning and development on water quality.  It is also the only program that has as one of its core elements a requirement to assist local governments with land use planning to meet water quality goals and the development of land use ordinances and comprehensive plans.

At the heart of the Chesapeake Bay Preservation Act is the concept that in any given watershed, actions in that watershed impact others downstream.

However the proposed Albemarle stream health incentive fail to recognize the value of environmental activity outside of Albemarle County:

9. Require that all stormwater treatment be conducted on-site or that any nutrient credits purchased are from a nutrient credit bank located in Albemarle County in order to qualify for special exceptions to zoning requirements, density bonuses, or cluster provisions,

Beyond the philosophical whiplash of this Albemarle-centric regulation, the reality is – There is no nutrient bank located in Albemarle County.

Interestingly there is a “pending” application for Ivy Creek that was submitted 7/21/0616 [Date corrected 10/30 -nw].  It just so happens that the Bank sponsor is former Albemarle Supervisor David Slutsky.

When I pressed staff on this issue earlier this month, I was told three things:

  1. this was a concept they heard from the public
  2. this is an incentive developers don’t have to use
  3. there could be a nutrient bank in Albemarle in the next 20 years.

Regarding #3 Prince Charming “could” come riding in on his horse and we “could” live happily ever after.  Honestly, I don’t recall a single regulation ever prospectively passed on a “could be” concept.

To be clear, we sincerely appreciate the significant public outreach staff is doing with these draft proposals.  The Free Enterprise Forum encourages readers to review the proposals and provide feedback via the county’s short online survey.  A public meeting is also scheduled for November 1, 2018 at 4:00 pm in Lane Auditorium of the County Office Building at 401 McIntire Road in Charlottesville. https://i.pinimg.com/736x/9f/1f/ff/9f1fffda74e8dea7c6c12303cb8a9115--grumpy-dwarf-dwarf-costume.jpg

Absent your input, this fractured fairy tale of an ordinance may become a reality and an incentive that can’t be achieved may become law – that’s enough to make anyone ‘Grumpy’

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: Disney

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Albemarle ARB Expansion on a Shaky Foundation

By. Neil Williamson, President

See the source imageIf you have limited resources and a house with faulty plumbing, foundation issues, and a leaky roof, would you fix the existing house or expand it?

Indirectly, that is the question before the Albemarle County Planning Commission next week (10/30) as they consider further expanding the number of roads that are considered ‘Entrance Corridors’ and thus subject to additional review by the Architectural Review Board (ARB).

Late in January, we learned that over a third of Albemarle’s twenty-one entrance corridors are illegal.  At first we were encouraged when a Resolution of Intent to remove the impacted roadways appeared on the Board of Supervisors consent agenda, this positive energy was very brief as the item was removed from the agenda and never heard from again.

On top of the illegal roadways, members of the ARB have been discussing the need for a comprehensive update to their guidelines some of which were last revised in 2011.  The fuel pump canopy requirements have not been adjusted since Bill Clinton was president (1998).  The guidelines include specific language directed at “trademark” designs:

State law and County ordinance both require that the ARB approve only those proposals which reflect designs which are compatible with the historically significant architecture of the County of Albemarle and City of Charlottesville.  It is not intended that proposed designs mirror existing historic structures in the area. Replication of historic structures is neither required nor desired. However, developers proposing “trademark” designs can expect that significant modification will be required by the ARB before approval will be granted.

This language was used by one ARB member (in the minority) to advocate a proposed Pantops gas station’s fueling stations should be located in the rear of the building outside of the view of passing traffic (cars).  Correctly, the applicant pushed back that this would be a significant competitive disadvantage considering all the other gas stations on US 250 with pumps in front of their locations.

So into this mess, the Planning Commission wants to expand the purview of the ARB to include Rio Road East/John Warner Parkway.

Back to our house analogy, the problem is varied responsibilities of the three entities involved.

  • The Board of Supervisors, who has the checkbook, has not prioritized fixing the illegal entrance corridors See the source imagechoosing instead to “not enforce” the regulations. Similar to a family not using the hallway bathroom, this merely solves the leaky toilet symptom without fixing the plumbing problem.
  • The Board of Supervisors, via the Community Development Work Plan, has not dedicated resources to improving the Entrance Corridor Guidelines to have them better mesh with market practices and ARB precedents.  In our house analogy, the roof only leaks when it rains and it does not rain all the time, therefore I will not fix the roof.
  • The Planning Commission, empowered by the Board of Supervisors, will race forward with additional regulation the creation and enforcement will further impact limited staff time in order to expand the power of the regulators over additional property.  Let’s expand, rather than repair, this old house.
  • Interestingly it is the members of the ARB who are the semi tragic figures in this epic drama.  Absent Supervisor action, the ARB is impotent to modify the area or the outdated regulations that they are charged with enforcing.

Despite the fact that some of the reforms we advocated for in our 2010 ARB analysis The Eye of The Beholder report have occurred, the dire need to repair the existing ARB jurisdiction and guidelines far exceeds the expansionist desires of the Planning Commission.

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 Credit Hanna Barbara Scooby Doo

Albemarle Banning Through Trucks–NIMBY 2.0

Adapted from comments to the Albemarle County Board of Supervisors October 10, 2018

By, Neil Williamson, President

Tonight, you will be considering asking for permission from the Commonwealth Transportation Board to ban through trucks on Owensville and Miller School Roads.

Trucks make up a small fraction of all of the traffic on these roads.  According to the staff report, trucks make up less than 4% of all traffic on Owensville Road and 10.4% of traffic on Miller School Road.  Recognizing some portion of this truck traffic is local, the ban would likely impact less than 5% of the traffic.

This is just the latest in a series of truck bans the county has pursued.  Such bans are NOT supported by the state.  From your packet this evening:

It is the philosophy of the Commonwealth Transportation Board that all vehicles should have access to the roads on which they are legally entitled to travel. Travel by any class of vehicle on any class of highway should be restricted only upon demonstration that it will promote the health, safety and welfare of the citizens of the Commonwealth without creating an undue hardship on any of the users of the transportation system. Emphasis added -nw

We believe health, safety and welfare are core government functions but that’s not what we see in action here.  We believe this is an evolution of the Not In My Backyard or NIMBY movement. We call it NIMBY 2.0.

The staff report cites a higher than average crash incidence on Owensville and Miller School Road but it does not answer the larger question. According to the state vehicular crash database, there were 41 crashes on Owensville Road from 2010-2017.  During the same time frame there were 50 crashes on Miller School Road.

Do you know how many of these crashes involved large trucks? 

Staff indicates 3, our research says ZERO

If you accept staff’s numbers then there were 88 vehicle crashes that were not large trucks.  If this is about health, safety and welfare perhaps you should consider banning cars or fixing the road; neither of which are being talked about.2018-10-10 16_05_09-Interactive Public Report

This is not about health, safety or welfare; if this is your interest fixing the road would do the trick.

The data does not support banning through trucks.  These roads were paid for by public dollars and all have a right to use them.

The Free Enterprise Forum asks you to follow the direction of the Commonwealth Transportation Board and affirm the right of all legal vehicles to use public roads.

This is what we will argue to the CTB, or the Commissioner should you choose to recommend this NIMBY 2.0 regulation.

Thank you for the opportunity to speak.

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.

VDOT Updates Greene Supervisors

By Brent Wilson, Field Officer

Normally,  Virginia Department of Transportation (VDOT)  Residency Administrator Joel imageDenunzio provides the Greene County Board of Supervisors update.  In the October 9th meeting, Deputy Administrator Ed Nicholas filled in for Denunzio to give the  report.

Nicholas indicated the recent flooding events, especially in Madison and Stanardsville, have been a challenge to address across the district and that also delayed the normal mowing schedule.  He also addressed specific problems starting with South River on either side of Route 230 (Wolftown Road). In order to redirect the river on the west side of Route 230 back to where it had previously flowed, they are working with the property owner to develop a solution.  Once the solution has been fully engineered, an environmental permit will be required before they, or the property owner, can commence with this work.

image

South River Road

Prior to the Nicholas’ presentation, a young man and his mother spoke during ‘Matters From The Public’ and the youth addressed the South River Road flooding and its impacts on his life.  Chair Michelle Flynn (Ruckersville) asked Nicholas if VDOT could try to contact the young man and show he and his mother what is planned.

Also to be accomplished this week is to work on final grading and seeding on Route 33 near the Shenandoah National Park. In addition, in the next two weeks the VDOT property at the intersection of Route 33 and the Route 33 bypass will be cleared of debris, have dirt spread and it will be reseeded.

Supervisor Bill Martin (Stanardsville) mentioned to Nicholas that Greene County is reaching out to Washington, Richmond and the Army Corps of Engineers to ask for guidance/help on how to go forward with modifying the flow of several rivers in the county to minimize the impact to roadways. Martin asked that VDOT participate in these discussions.

Supervisor David Cox (Monroe) asked Nicholas what the priorities were on paving/patching the secondary roads in the county that have not yet been completed due to flooding. Especially Route 674 – Parker Mountain Road which is a 2 mile long stretch has a great many potholes and it needs to be addressed.  Nicholas assured Cox that VDOT would address this road and any roadway that is a safety issue.

Flynn brought up the final issue for VDOT asking when will Preddy Creek Road going away from Sheetz be addressed? The roadway continues to degrade and patching doesn’t seem to resolve the problem. Nicholas indicated that he would research the problem and reply with a timetable to address the issue.

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 http://www.freeenterpriseforum.org

Fluvanna Supervisors Hear Property Assessment Results

By. Bryan Rothamel, Field Officer

Last week, (10/3) the Fluvanna County Board of Supervisors were briefed on the latest mass appraisal of real property performed.  The City of Fargo has a concise definition of this process:

Mass appraisal is the systematic appraisal of groups of properties as of a given date using standardized procedures and statistical testing. This differs from single-property appraisal, commonly referred to as “fee” or “bank” appraisal, which normally deals with only a particular property as of a given date.

Pearson’s Appraisal Service performed an appraisal this year, the first by the company in Fluvanna. Overall, the county saw an average increase of 4.7 percent increase across the county limits. However, inside Lake Monticello only increased 3.4 percent.

Representative from Pearson explained all assessment decisions were based on data from sales.

Lake Monticello vacant land had a decrease in assessment by 15 to 20 percent. Because the subdivision is nearly built out, most undeveloped property is not desirable.

The public utility infrastructure was also reassessed and goes effective immediately. The Commissioner of Revenue estimates that will bring in $83,000 of additional revenue. Those funds will increase the FY19 collection.

Notices of new tax values will be mailed to all land owners and Pearson will be available to discuss the new assessment.

Also at the October 3 Board of Supervisors meeting, supervisors approved two change orders to complete the E911 radio project. The last two changes needed an additional $26,500.

The county’s animal shelter services are handled by Fluvanna SPCA. Despite the county only contributing for 50 percent of the operational costs, the county’s shelter takes up 75 percent of the FSPCA. To help alleviate some funding issues, supervisors approved a supplement of $35,000.

FSPCA and the county operate on a contract services. In future years, FSPCA will present a budget that supervisors can go over with FSPCA officials during the budget season.

Supervisors approved creating an employee ladder system in the E911 operations center. The FY19 fiscal impact was $10,000. Over the last few years county administration has worked at creating mobility options in the organization chart of departments to allow employees to get promoted. Previously employees would have to either wait to become a department head or leave for a bigger organization with a larger chart to fill.

Supervisors will next meet on October 17 at 7 p.m.

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 Credit:  Fluvanna SPCA

The Hindsight Report Back in the News

The Free Enterprise Forum’s 2017 ‘Hindsight’ Report was mentioned in Allison Wrabel’s  Daily Progress  article this morning. 

For context, we are reposting our original post on the topic.  The Free Enterprise Forum welcomes the community discussion of the agreement.

By. Neil Williamson, President

Often the most enlightening questions start with, “What if?”

Working with co-author Derek Bedarf, we looked at developing empirical data to answer the question, “What if Charlottesville’s annexation was successful compared with the results of the negotiated Revenue Sharing Agreement?”

After significant research and deliberation, it was determined that this information was available but not assembled in a manner that made such calculations easy. Utilizing Geographic Information System (GIS) technology for the real estate assessment data and 15 years of Albemarle County budget documents for the other taxes (sales taxes, consumer utility taxes, business taxes, motor vehicle licenses  and prepared food and beverage taxes.  Other taxes excluded from this study, for a variety of reasons, include utility consumption tax, short term rental tax, clerk fees, transient occupancy tax, penalties  interest, and audit revenues), The Free Enterprise Forum calculated the tax revenue generating power of the study area.

The resulting “Hindsight Report” examines the tax generating power of the proposed annexation area as it compares with the revenue sharing payments.

  •  The Hindsight Report indicates that over the study period (2001-2016), Albemarle County received, from the study area, over $277 million in local tax revenue compared with the $212.9 million revenue sharing payments made to the City of Charlottesville (+$64.1 million).

  • Had Charlottesville been successful in the annexation and the revenue sharing agreement not been in place, the City would have received $304.7 million in tax revenue from the study area during the study period compared with $212.9 million in revenue sharing payments from Albemarle County (-$91.8 million).

 

  • During the study period, study area property owners paid $72 million less in real estate taxes by being in Albemarle instead of the City of Charlottesville. This “Non-Annexation” Dividend averaged saved (Albemarle) property owners between $3 million and $4 million annually topping out at $6 million in 2007.

The question the data does not answer is whether the Revenue Sharing Agreement was a good deal for all involved.  This is a subjective question that can only be answered in context.

At the time, the historical record suggests annexation was a very real threat and revenue sharing negotiations were heated.

The historical public record also shows many citizens at the public hearing raising some of the same questions regarding equity and fairness that remain part of the discussion today.

Was it a good deal?

Hopefully this data will help you decide.

The Albemarle County Board of Supervisors is scheduled to discuss the Revenue Sharing agreement during their second August meeting on Wednesday August 9th.

Founded in 2003, The Free Enterprise Forum is a privately funded, public policy organization focused on Central Virginia’s local governments.

The entire Hindsight Report can be accessed at www.freeenterprisefoum.org under the reports tab.

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.