Category Archives: Charlottesville

Charlottesville Mistaken & Mistimed Mandate

Adapted from comments to the Charlottesville Planning Commission May 9, 2017

By.  Neil Williamson, President

unintended-consequencesThe Free Enterprise Forum often speaks of unintended consequences of proposed legislation. We believe staff’s current recommendation regarding regulations around forgiving developer fees heads Charlottesville in the wrong direction.

Please let me explain.

In 2003, fourteen years ago, the US Department of Housing and Urban Development said:

Most housing professionals agree that concentrating assisted-housing for low- and very low-income Americans in dense, urban areas is not an effective use of scarce affordable housing resources. Over the past decade, professionals in the affordable housing industry have turned increasingly to mixed-income housing as an alternative to traditional assisted-housing initiatives. Mixed-income housing is an attractive option because, in addition to creating housing units for occupancy by low-income households, it also contributes to the diversity and stability of American communities.

There have been numerous successful mixed-income developments nationwide. State and local governments have developed incentive programs and initiatives to promote mixed-income housing. In the past decade, the U.S. Department of Housing and Urban Development (HUD) has provided support for public housing authorities to de-concentrate traditional public housing in favor of the development of mixed-income housing. In addition, HUD funding from the HOME Investment Partnerships Program can also be a valuable resource for states and local jurisdictions to finance mixed-income housing initiatives, or to develop, design and implement new mixed-income housing programs that address local housing needs. HOME funds are specifically designed to be flexible in order to meet local housing needs.

In practice, I have seen Charlottesville intentionally moving toward more mixed income neighborhoods as a tapestry of price points for the communities being developed.

Why then would staff recommend the following:

To ensure the affordable units are actually provided in new developments, staff recommends no Certificates of Occupancy be issued until the City confirms the affordable units have been developed and the developer has entered into an agreement with the City that these units will remain affordable for a specified period of time.

While this may look good on paper, the reality is that by DEMANDING the developer build the affordable units prior to receiving certificates of occupancy for the market rate units virtually guarantees the affordable units will not be mixed with market rate rather will be concentrated in one portion of the project. Further, by positioning the affordable units first in the pipeline this well intentioned requirement would create significant financing challenges for the development project as a whole.

If the Planning Commission is committed to mixed income communities that are truly mixed, the Free Enterprise Forum requests that you strike this language and move forward with the concept of development fee forgiveness as a small step to address the larger housing affordability crisis in our region.

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.

Photo Credit: http://theadvocates.org/tag/liberator-online-2

 

Sayonara Shucet

By. Neil Williamson, President

Shucet - Photo Credit CvillepediaLate yesterday afternoon (3/30), the embattled Elizabeth River Crossings (ERC) named former Virginia Department of Transportation (VDOT) Commissioner Philip Shucet as their new Chief Executive Officer.

Shucet has most recently served as a consultant to VDOT as a facilitator and problem solver for challenging projects including the Route 29 Solutions panels.

Virginia Transportation Secretary Aubrey Layne said in the ERC News Release:

I know Philip personally and am confident he is the right man for the job.

It does not appear everyone in the Transportation Department was as prepared for Shucet’s sayonara as Secretary Layne.  According to VDOT’s Lou Hatter:

The Route 29 Solutions project team will work through VDOT Commissioner Kilpatrick’s office to develop a plan going forward.

While appreciative of the professionalism and speed of Route 29 solutions project management, the Free Enterprise Forum has been a vocal critic of the meeting tactics and lack of true public engagement offered by Shucet’s panel process.  In our 2014 post Shucet’s Charade – A Public Participation Illusion:

The Route 29 Advisory Panel is, perhaps unwittingly, playing a part in a masterfully orchestrated and expertly conducted illusion of public participation where the questions, concerns and opinions of panel members are being denied or actively dismissed. No votes are taken nor consensus measured. All the while the facilitator is complementing the panel for its incredible positive forward momentum.

In our three years of observation, we have grown to appreciate the charming manner in which Shucet manages (some might say manipulates) meetings and their outcomes.  His pioneering (for VDOT) of video streaming meetings promotes transparency but not participation.  By reviewing e-mails and phone calls received, Shucet can color the manner in which the complaint was made and how VDOT, or the contractor handled it.

As a facilitator extraordinaire, he has stayed true to the “Shucet Six” we first identified in 2014:

  1. Control who is in the group. The number of participants and their representative groups selected to provide appearance of balance of perspectives
  2. Control Content, Agenda and Release of Data Controlling when and where data is released allows the facilitator the opportunity to build “proper context”
  3. Reduce/Eliminate Outside Influences. By removing public comment from the meetings and accepting it only online, Shucet insulates the panel’s meetings from being distracted by a boisterous critic [AKA Citizen]
  4. Demurely Dominate Conversation. Shucet’s down home drawl, overzealous compliments and genteel demeanor seem to engage the entire panel in discussion while his voice is most often heard directing the conversation. In addition, strictly limiting the group meeting time to two hours also helps this technique succeed.
  5. Limit Decision Options. While the Route 29 Advisory Panel was supposedly provided nine options to consider in their first meeting, Shucet brought forward just four options to the second meeting as possibly moving forward based on the “Professional Judgment” [note the word opinion was not used] and screening of the Technical Team.
  6. No Voting and Don’t Ask for Consensus. After three years, how many votes have been taken? None. How many times has consensus been “tested”? Never. The closest is when Shucet indicated he saw a number of heads nodding.

None of this is news and it does not change the fact that Shucet has served in this role well.  Personally and professionally I consider Shucet to be an excellent public servant.  That being said, I also believe he and I see the role of the so called “advisory” panels differently.

This morning blogger Jim Bacon applauded Philip Shucet, Transportation’s First Responder:

Bacon’s bottom line: Most people working the interstices between the public and private sectors are usually looking to line their pockets by trading on their relationships. Philip Shucet is a different breed. Not to say that he hasn’t done well for himself as a businessman and consultant in recent years, but he could work anywhere in the country he chooses and probably make a lot more money. Fortunately for the commonwealth, Shucet, who lives in Virginia Beach, has chosen to dedicate much of his career to public service and tackling some of the biggest, stickiest transportation problems. We’re lucky to have him.

Recently, in a conversation with VDOT officials someone asked me if I believe the blue tourism oriented destination signs, that were offered to impacted US29 businesses made a difference during the Rio/US29 interchange construction.

I indicated that while the signs likely did not change anything significant, they were an important step to let the local businesses know VDOT was aware (and listening) to their very real concerns – perhaps such tepid tranquility is the overall goal of these panels as well.

How and who will replace Shucet in the facilitator role is the challenge for the future, for now we say Sayonara Shucet, we wish you fair winds and following seas.

Respectfully Submitted,

 

Neil Williamson, President

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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 Credit: Cvillepedia

Charlottesville’s Paid Parking ‘Canary in the Coal Mine’ ?

By. Neil Williamson, President

According to the Fairfax County Times, about five hundred people marched in protest on March 4th of the paid parking system implemented by Reston Town Center (RTC) owner and manaReston march 4 Parking Protest Phot Credit Angela Woolsey Fairfax County Timesger Boston Properties in January.

Yesterday (3/13) The Washington Post ran an article titled End of Free Parking is the Last Straw for Some Reston Residents which highlighted business owners concerns:

But businesses in the Northern Virginia suburb, about 23 miles west of Washington, say there has been a noticeable drop in customer traffic since the fees took effect and parking enforcement officers began writing tickets.

Why should Charlottesville care about what is happening in Reston? 

Because we see this push back on this private sector parking operation as a ‘Canary in the Coal Mine’ for Charlottesville

In the early 20th Century, coal miners used to take canaries into coal mines with them. Canaries are more sensitive to dangerous gases than humans are. As long as the bird was singing, the miners knew they were safe but if the canary stopped singing/died, the miners knew to evacuate.

RTC, much like Charlottesville’s Downtown Mall, was a long time in coming mixed use economic success.  Founded in 1990 (the same year Charlottesville removed parking meters), RTC is a new urbanist walkable development is surrounded by parking decks for customer/resident parking.  The retail mix within both properties is similar in type (banks, clothing, hotel and restaurants) if not specific brands.  An important distinction between the Downtown Mall and RTC is that RTC is privately held by a single entity and does not require governmental approval or significant public process to change parking regulations on their private property.

Parking, which in most of Northern Virginia’s shopping districts is ‘free’ has become an issue in both Charlottesville and Reston.   

According to the Washington Post story:

Boston Properties, which took over full ownership of the town center in 2015, had planned for years to implement fees for garage and curb spaces. In 2011, when it was moving to acquire town center parcels, the company estimated that the parking fees would generate as much as $8 million per year. Officials now say the amount will probably be lower…Reston Parking Enforcement Phot Credit Pete Marovich Washington Post

… Im Sun “Sunny” Park, owner of Obi Sushi restaurant, said sales have dropped by about a third since January. As she spoke, she watched a Boston Properties parking enforcement officer outside the restaurant leave a citation on the windshield of a car parked on the street.

“I see them giving tickets all day,” Park said. “They are killing business.”

Charlottesville Tomorrow’s Sean Tubbs reports Charlottesville is moving forward with their test of metered parking:

A six-month test of parking meters around Charlottesville’s Downtown Mall could begin as early as August. Officials believe that if the project is successful, it will improve the chances of finding a parking spot near the mall.  “What we hope that it does is open up some of those spaces,” said Rick Siebert, hired last year as the city’s first parking manager. “What we’d like to do is have people drive down a block and actually see an open space.”…

The council also has authorized the establishment of an enterprise fund to support creation of the city parking department, which is overseen by Siebert. The department will be supported by revenue from parking garages, parking meters, fines and payments for permits required for special zones in the city.

It is interesting the different visions of free parking among those involved in the process.  One of the commenters to the Washington Post story (hockeymom1) wrote:

I live nearby and will not go to any of the retail or restaurants at Reston. Tysons, Mosaic and Dulles are free. Bethesda, which has less parking available and expensive land, charges quarter an hour! $2.00 an hour is insane! This article was good. I had not realized that once the developer had full control they wasted no time implementing fees! 

On the other hand, perhaps not surprisingly since his new department will be funded by such fees, Charlottesville Tomorrow quoted Charlottesville’s Parking Manager:

“When you make something free, people don’t value it,” Siebert said. “People look for those spaces and they tend to camp out in them. Everyone’s heard of the two-hour shuffle, where people drive around the block after two hours looking for another space, adding to traffic congestion.”

Perhaps Charlottesville can learn from Covington’s MainStrasse parking fiasco.  A popular neighborhood outside of Cincinnati, their innovative paid parking plan included solar powered parking kiosks. When launched in March 2016, the Covington City Website sounded very similar to Charlottesville’s current parking diagnosis:

“The goal with this plan is to alleviate existing issues and modernize parking on streets and in City-owned lots,” said City Engineer Mike Yeager. “The parking plan was created after working with the community to understand concerns about things like residents having a difficult time finding available on-street parking and businesses being affected by to the unrestricted parking times in front of their buildings.”

According to a January 17, 2017 article on Cincinnati.com the MainStrasse program fell swiftly on its face:

Under the parking program, the city charged for parking in MainStrasse for the first time in the history of the neighborhood. It also restricted many blocks to residential parking only.

But residents and businesses complained it made parking much more difficult. Parking kiosks didn’t work. Businesses lost customers. … The pay parking pushed cars into the residential areas not restricted by permits.

The city commission suspended the parking program indefinitely until the city can come up with a new parking plan.

The pay parking kiosks will be shuttered and the residential parking restrictions in MainStrasse lifted, Mayor Joe Meyer said.

canary in coal mine photo credit share.america.govWhile it is heartening to see Charlottesville position parking meters as a “pilot” and only a part of the parking solutions considered. 

Available parking is the life’s blood of most small businesses. 

The Free Enterprise Forum hopes the City Council will pay attention when the canary stops singing – local businesses (as well as the jobs and taxes they generate) will be at risk.

Only time will tell.

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: Angela Woosley, Fairfax County Times, Pete Marovich, Washington Post, Share.America.gov

VDOT Panel’s Pocahontas Problem

By. Neil Williamson, President

This Sunday’s (3/12) Daily Progress Editorial discusses “Beginning Anew on Hydraulic” painting a rather optimistic picture of the regulatory and political process planned to design, secure funding and build improvements to the Hydraulic and US29 intersection.

But the Editorial forgot Pocahontas.

Please let me explain.

Regular readers are aware of the Free Enterprise Forum’s position opposing the Rio/US29 grade separated interchange.  Despite that opposition, we have been impressed with the manner the project was completed.  Now the Daily Progress editorial board is comparing the Rio intersection process with Hydraulic:

And the process through which the Rio project was completed did, in fact, contribute to its success. That process can be replicated, regardless of what kind of engineering design it eventually produces.

In fact, it is being replicated. The meeting last week of state and community leaders follows the pattern used in the Rio project: A panel of local elected officials, business owners and citizens is meeting regularly to discuss the Hydraulic venture, provide input and help guide decision-making. Their involvement is aimed at ensuring that local interests are represented in the state’s drive to speed traffic through a congested bottleneck.

disney pocaThis is where Pocahontas lesson comes in:

What I love most about rivers is you can’t step in the same river twice – The water’s always changing, always flowing

Just prior to the seating of the so called “29 Solutions” panel, there was significant state and federal dollars allocated and a contract awarded to a project (the western bypass) that had enjoyed (4-2) support from Albemarle’s Board of Supervisors and then Republican Governor Robert McDonnell. In November 2013 elections, the balance of power on the Albemarle County Board of Supervisors shifted left and Democratic Governor Terrance McAuliffe was elected.  Then in February 2014, the project was effectively prohibited by a letter from the Obama Administration’s Environmental Protection Agency.

Cvillepedia described the situation in the manner:

Aubrey Layne, Virginia’s Secretary of Transportation, convened a panel in the spring of 2014 to suggest alternatives for money that had been allocated by the Commonwealth Transportation Board.

With the project [Western Bypass] presumed dead, former VDOT commissioner Philip Shucet has recommended alternate uses for at least $200 million that had been allocated to the bypass. The alternatives include $54 million to extend Berkmar Drive across the South Fork Rivanna River, an additional $10 million to further extend Hillsdale Drive Extended to Holiday Lane in Charlottesville, and $81 million to build a grade-separated intersection at Rio Road and U.S. 29. The Commonwealth Transportation Board adopted a new six-year improvement program that included the projects at its meeting on June 18, 2014. [17] That meant the Western Bypass project was defunded. [5]

In addition, in a deft politically savvy move, McAuliffe required ALL the Route 29 “solutions” be completed by October 31, 2017 (coincidentally just prior to Election Day 2017).

The Pocahontas lesson that was not lost on Virginia Department of Transportation (VDOT) contract facilitator Philip Shucet.  In the first meeting of The Hydraulic Planning Advisory Panel last week, he highlighted that unlike the previous panel which was considering how to spend a pot of money already allocated to the district the project or projects would have to compete for limited transportation dollars via VDOT’s Smart Scale evaluation program in 2018.

Secretary Layne’s charge to the Hydraulic panel includes this concern as well as hinting at the potential political in fighting at an intersection that is 3/4 in the City of Charlottesville and 1/4 in Albemarle County:

Secretary of Transportation Aubrey Layne’s charge to the Panel:

To provide general advice and input to the City of Charlottesville, Albemarle County, VDOT and the Commonwealth Transportation Board regarding future land use and mobility improvements in the general area near the Hydraulic Road and Rt. 29 intersection.

The Secretary understands that land use decisions are in the hands of the localities, but also emphasizes that decisions to submit a future Smart Scale application for state-funded transportation improvements are also in the hands of the localities.

The multi jurisdictional work (land use, design and funding) of Hydraulic Road will be significantly more involved than the challenges at Rio Road.  While we agree that the process will be informed by the work of Rio, we are also reminded that Pocahontas quote is actually derivative of the ancient Greek philosopher Heraclitus:

No man ever steps in the same river twice, for it’s not the same river and he’s not the same man.

Not only is Hydraulic a very different intersection than Rio,the land use work ahead is different and the funding is nowhere near secure.

Yes the facilitator is the same, as are some of the panel members, but this multi-jurisdictional land use and transportation effort will be a VERY different process and the outcomes (and their timing) are far from certain.

Stay tuned.

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.

Photo Credits: Disney

The Wizard of Oz and the Rio/29 Small Area Plan

By. Neil Williamson, President

Adapted from comments made to the Albemarle County Board of Supervisors March 1, 2017

Scarecrow, tin man, lionOver the years, some have considered the Cowardly Lion, the Tin Woodsman and the Scarecrow in The Wizard of Oz to be less than perfect heroes – I beg to differ I find them to be the best kind of heroes – those that must work together to achieve a goal.

Today, (3/1) as the Board of Supervisors considers the innovative Form Based Code land use planning for Rio/29 small area plan I believe this unlikely trio could provide important guidance

Please let me explain.

The Form-Based Codes Institute (FBCI) defines form based code this way:

A form-based code is a land development regulation that fosters predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law. A form-based code offers a powerful alternative to conventional zoning regulation.

Utilizing a state grant, Albemarle has completed Phase I of Rio/29 Small Area Plan. Stage II is much more difficult and may move in many directions.  According to the staff report:

Phase II, expected to begin in March 2017, will further address the following issues identified in Phase I:  Transportation challenges posed by increasing development & economic activity in the area. Further analyzing market factors affecting development potential, such as demographic change influences (for example, “aging up” millennials and baby boomers, and increasing income and purchasing power)

Incorporating Economic Development Strategic Plan influences into the area plan With a focus on developing the following:

  • Detailed design of node(s)
  • Transportation strategy for this vision
  • Form-based Code/zoning, infrastructure, and other implementation strategies needed to accomplish the vision

When Dorothy first stumbles on the Scarecrow (covered in crows), her mission lacks specificscarecrow-wizard-of-oz direction. In seeking her way, the Scarecrow provides contrarian advice

Dorothy: That’s funny. Wasn’t he pointing the other way?
Scarecrow: [points both ways] Of course, some people do go both ways.”

As the story goes the scarecrow joins Dorothy to assist on her quest to find the wizard and so he might be granted his wish for a brain.  Interestingly the Tin Man’s tin-mandesire for a heart is in direct contrast with the Scarecrow’s request for a brain; just as these two colorful fictional characters provide dramatic tension, similar tensions will be evident as Albemarle moves from a Euclidian (traditional use based) zoning process to Form-Based Code.

At last week’s Legal Aid Justice Center/NAACP sponsored workshop in Charlottesville, concerns regarding Form Based Codes taking away citizen’s right to oppose projects and promoting gentrification of neighborhoods were voiced by speakers and attendees.  The handout provided, written by Legal Aid Attorney Kim Rolla highlighted four problems identified with FBC:

Less Affordable Housing

Higher Property Values

Less Flexibility

Faster Development

As the last traveler to join the quartet, the Lion was expected to be brave and fierce, a leader but he seemed to lack the trappings of power. As one reads the novel, the lion exhibits bravery throughout the story – he just lacked confidence.

Just as the Wizard of Oz gave our unlikely trio gifts recognizing their skills, the Free Enterprise Forum is asking the Board of Supervisors today to give planners the confidence and direction to move boldly forward with Form Based Code in their “Transformational” small area planning.

We are asking the Supervisors to provide direction in two specific areas: Removing Architectural Review Board Jurisdiction and Protecting Existing Property Rights.

In reviewing the staff report on Phase II, it is clear that the Architectural Review Board will have representation on the stakeholder group. It is not clear if the eventual buildings that follow the painstakingly developed design guidelines in the form based code will also be required to submit to ARB review.

The Free Enterprise Forum believes the ARB should weigh in on the code as it is developed and then step away. No project under the FBC should be subject to ARB review. To submit a form based code application to additional ARB review would be counter to the goals of the form based code.

We believe the land uses proposed within the new Rio/29 district must be of equal or higher density than is currently permitted. Height restrictions must be carefully considered especially when attempting to create mixed use buildings. In addition, we ask Albemarle consider utilizing the Form-Based Code as an optional overlay. As FBCI reported Arlington County found in their 2003 FBC overlay worked well:

Virginia is a strong property-rights state, and the county avoided some legal and political issues by keeping the “by-right” zoning in place and overlaying the FBC as an option. Developers can choose to use either the conventional zoning or the form-based code for proposed projects, although effectively, few projects “pencil out” if the conventional code is used. As a result, since the FBC was adopted for the centers in 2003, it has fostered the construction of 10 mixed-use development projects, including more than 1,500 homes, more than 280,000 square feet of retail and office space, a new community center and a new public plaza. The transformation envisioned by the community is well underway.

“The fact that the code has continued to work well for Columbia Pike over more than a decade, even as the economy has gone through a major recession, shows that the vision was realistic and the FBC provided a sound framework for private reinvestment.” said [Mary]Madden.

The Free Enterprise Forum asks Albemarle Board of Supervisors today to boldly embrace this direction, establish the community endorsed form based code AND have the courage to both eliminate ARB review and make the FBC an optional overlay.

As logical as this tact seems it will not be easy.32735-cowardly_lion

As Dorothy told the Lion:

“Don’t you know the Wizard’s going to give you some courage?”

Cowardly Lion said “I’d be too scared to ask him for it.”

Rio/29 Form-Based Code will take courage, heart and firm direction from the Board of Supervisors.

Will you give such bold direction today?

Respectfully Submitted,

Neil Williamson

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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: MGM, Classicphotos.com, imgardcade.com, michaelcerio.com

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

2016 – A Year of Exits (Executive and Grade Separated)

By. Neil Williamson, President

https://freeenterpriseforum.files.wordpress.com/2015/12/top-ten-list.jpg?w=179&h=161At this time each year, I take time to look in the rearview and see what issues we have covered that have garnered the most attention.  As usual, I am amazed, and thankful, for the large number of people who read and financially support our work.

Here are the Free Enterprise Forum Top Ten 2016 Shaking My Head (SMH) Moments

#10 Is Charlottesville the $17.86 Million Court Jester?

Imagine you are a mayor or a City Manager, if a major employer and economic driver in your city was poised to leave, how would you respond?Image result for Court Jester

Perhaps its just me, but I would likely fight like heck to keep them in the city.  It is much easier to retain a major employer than to attract one.

But what if the employer is actually an arm of a neighboring government, should that matter? …

If Albemarle decides to bring $17.86 million of ‘County’ economic activity back to Albemarle, Charlottesville may end up looking as wise as the Court Jester this Halloween.

 

#9 Bananas and Albemarle’s Outdated Economic Opportunity Map

Imagine being in the banana business — and you have no way to obtain fruit.Image result for Albemarle county development area

That is Albemarle County’s current economic development sales position: “Yes, we have no bananas.”

“If a manufacturer calls interested in locating near a highway, we tell them, ‘We have nothing for you,’. Prospect businesses are looking to move within three to six months if they are not looking to build. We tell them, ‘We have no product ready to go today.’” – Faith McClintic, Albemarle County’s economic development director

#8 Greene Supervisors Approve Overspending FY17 Budget

By. Brent Wilson, Field Officer

In just the second month of the new budget cycle, the Greene County Board of Supervisors discussed clip_image002two issues last night (8/23) that would allow the county to spend nearly $33,000 over the approved FY17 budget.

The first issue that County Administrator John Barkley explained was that several positions are needed to be brought up to market value. He further explained that supplemental funds are being requested to fund the $27,250 for the reclassification of positions. Surplus funds from the FY16 budget will allow the county to be able to fund this request.

#7 C’ville’s Hydraulic Houdini

What would you call it when Charlottesville works to make a primary pillar of an integrated

Trafficit knot  @ Proff Rd             Trafficlymead Town Center             @ Hol                       knotTrafficLakes ...

transportation program disappear?

The Hydraulic Houdini.

Please let me explain.

Those with even decent short term memory can remember the argument over the now defunct Western Bypass and the Route 29 “Solutions”.  Rather than building a limited access bypass around Charlottesville’s congestion (The Free Enterprise Forum supported), Bypass opponents proposed a series of integrated “solutions” would increase the existing roadway capacity.

My friend Jeff Werner of the Piedmont Environmental Council (PEC) even had a nifty PowerPoint Presentation regarding the  congestion

#6 Albemarle’s Executive Exodus x 2

Albemarle Executive Foley Finds Greener Pastures

Thomas FoleyWith rumors flying around Albemarle County (and Social Media) all day, a 4 pm Stafford County announcement made it official; County Executive Tom Foley is leaving Albemarle County to take up the same post in Stafford County.  In the announcement Stafford highlighted Foley’s service and temperament as key qualities they were looking for in their new administrator:

Albemarle is Losing Faith

leavingyourjobAs anticipated as the sun rising in the east, it is with absolutely no surprise that Albemarle County’s first Economic Development Director, Faith McClintic, will be leaving her position later this year.  In her short  18 month tenure, McClintic often found herself at odds with Planning Commissioners, some members of the public, this writer, and some elected officials.  In addition, she found herself without product as she said in August of this year:

“If a manufacturer calls interested in locating near a highway, we tell them, ‘We have nothing for you,’. Prospect businesses are looking to move within three to six months if they are not looking to build. We tell them, ‘We have no product ready to go today.’” – Faith McClintic, Albemarle County’s economic development director

#5 Albemarle and VDOT Create US29+Rio Lemonade

While the Free Enterprise Forum lost the battle against the US29/Rio Grade Separated Interchange (GSI), we have found Albemarle County (and Virginia Department of Transportation (VDOT)) to be working exceedingly well together and significantly positively impacting the challenging business environment due to the roadway construction.

rio gsiIn the most recent Route 29 Solutions Project Delivery Advisory Panel meeting, former VDOT Commissioner and PDAP facilitator Philip Shucet indicated the next phase of the Rio GSI project, where the intersection will close for up to 103 days,  “Isn’t going to be a birthday party”.  This might be the understatement of the year.

#4 SOMEONE’s Shameful Sensationalism

Over the last dozen years, I have read literally hundreds of Albemarle County staff reports.  I tend to find the reports to be professional, concise, factually correct and devoid of generalizations or editorial commentary – until last week when I determined that SOMEONE  improperly and sensationally  used a tragedy to further an advocacy position in what was presented as an impartial staff analysis.

In an attempt to sensationalize the need for closing of Earlysville Road to truck traffic, SOMEONE has stooped so low as to cite a terrible teenage 2002 drunk driving accident as justification to overrule the technical analysis of professional traffic engineers.

#3 ‘Snob Zoning’ Crozet Master Plan in the Works?

Recently, C-ville magazine cover story posed the question, “Can Crozet maintain its small town charm snob-zones-640-for-web-194x300.jpgas its population increases?”

Perhaps the question should be “After millions of dollars of planning and infrastructure spending, should Crozet residents be allowed to stifle population and economic growth by hijacking the master planning process?”

We’ve recently learned such a plan is in the works.  And it is a bad idea….

The reality is the CCAC is opposed to density in the development area that is critical to achieve the philosophical goals of the Comprehensive Plan. The community vetted plan calls for densely populated development areas filled with amenities and services surrounded by less populated rural areas that are supportive of agriculture, forestry and open space.

In her seminal book “Snob Zoning”, Liza Prevost, exposed what happens when NIMBY zealots are able to change plans and regulations

#2 Fluvanna Land Use Fireworks

By. Bryan Rothamel, Field Officer

OBrien2014-photo-credit-Fluvanna-County_thumb.jpg

“I’m a little surprised board members are so happy to push this under the rug,” said Supervisor Tony O’Brien. . .

O’Brien said there were supervisors who should recuse themselves from the vote because they should know they aren’t compliant with the program.

Eager asked O’Brien to name who he thinks is not compliant as she has done everything to be compliant. He replied he never thought she wasn’t but questioned if Supervisor Don Weaver and chairperson Mike Sheridan (Columbia District) were compliant. He also thought Supervisor Mozell Booker might not be compliant but she was in a different arm of the program.

Sheridan said he asked a cooperative agent if he was in compliance and was told his practices were.

Fred Payne, county attorney, gave a legal opinion that supervisors do not have to recuse themselves just because they participate in the program.

O’Brien also suggested Mike Sheridan should recuse himself because Mel Sheridan is his brother.

Payne’s said Mike Sheridan had no need legally reason to recuse himself. He continued supervisors can always recuse themselves if they feel it is necessary but there was no legal reason to do so.

Weaver, who was quiet for the discussion, called for a vote which ended the discussion.

O’Brien said under his breath after the vote, “Embarrassing.”

#1 $52.5 Million Dollar Indecent Proposal – Albemarle Backs Off Threat to Wedding Industry

Last Tuesday evening, a rare joint meeting of the Albemarle County Planning Commission and Board of Supervisors heard a great deal from both wedding venues and the vendors that support them.  Albemarle staff had prepared a proposed ordinance that, among other things, would limit the ability of wineries, breweries and distilleries to 24 events a year.  In the end the supervisors backed away from the most restrictive portion of the ‘indecent proposal’.

The testimony Tuesday was insightful and passionate.    Wedding Photographer Jen Fariello asked pointedly “Why are weddings being attacked?”  Wedding planner Adam Donovan-Groves [name correction 9:01 6/20 nw] told of one recent wedding whose local fiscal impact exceeded $250,000 musicians, gift packs, invitations, transportation, jewelry, photographer, etc.

Yes, 2016 has been a year of executive exits, speedy construction and threats of overregulation.  Through it all the Free Enterprise Forum continues to blog, tweet (@neilswilliamson) and Facebook about local issues of significant importance.

The year ahead is filled with promise: the promise of a national search for a new Albemarle County Executive, the promise of so called “Solutions” 29 being completed earlier than scheduled (looks like June), the promise of new form based code development in Charlottesville, as well as the promise of elections across all localities.

seats available2016 will also bring us the opportunity and privilege of attending and participating in  many more government meetings where important policy decisions are made and #SeatsAvailable.

Thank you for your support!

 

Happy New Year

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.

$2 Million of Hydraulic Planning Funds Accelerated – Now What?

By. Neil Williamson, President

In late September, the Charlottesville Albemarle Metropolitan Planning Organization (CA-MPO) unanimously approved a resolution that read much like a list to the Santa Claus of transportation planning:

NOW THEREFORE BE IT RESOLVED, that the Charlottesville-Albemarle MPO Policy Board recommends to the Commonwealth Transportation Board, the Virginia Secretary of Transportation, the City of Charlottesville, Albemarle County and the Charlottesville Albemarle Metropolitan Planning Organization to immediately initiate the process for planning the transportation improvements of the Hydraulic and Route 29 intersection and nearby roadways as identified in the MPO’s Long Range Transportation Plan (2040 LRTP) and to enact and implement the recommendations in coordination with comprehensive land use planning including but not limited to the following:

  1. Continue the facilitated collaborative panel process to determine a potential range of reasonable options for reducing congestion and improving mobility in the general area of the Hydraulic-US 29 intersection, including the option of doing nothing.
  2. Request the CTB to combine Hillsdale South and Hydraulic Intersection planning and preliminary engineering budgets into one consolidated planning and preliminary engineering budget.
  3. Request the CTB to amend the Six Year Improvement Plan (SYIP) to advance funding for small area planning and panel discussions to begin in FY17.
  4. Request the Secretary of Transportation to authorize the MPO to lead and use transportation financial resources to conduct a small area planning process for the Hydraulic Intersection general area of the City and County, such small area planning to include transparent citizen, business and community engagement.
  5. Request the Secretary of Transportation to begin the transportation planning process so that adequate information will be available to apply for Smart Scale funding by September, 2018 should a project or projects move forward from the collaborative planning process.  Emphasis added- NW

Christmas may have come early for the CA-MPO.  On November 3rd, Virginia’s Secretary of Transportation Aubrey Layne, Charlottesville and Albemarle County have received “accelerated” funds for the Hydraulic Road Area Study. In his letter to CA-MPO Executive Director Chip Boyles, Layne wrote:

We look forward to the continued progress and movement, specifically with the Hydraulic Road Area Study, in order to keep Virginia moving through the Charlottesville Area…By leveraging funds between the two current projects (Hydraulic Road and Hillsdale Drive South), we will be able to commit funding in the amount of $1,000,000 for the study in this current fiscal year (FY 2017) with an additional $1,000,000 available on July 1, 2017.

The Free Enterprise Forum sincerely appreciates the forward thinking of the CA-MPO working backwards from the time of the next round of competitive funding; we also have a great deal of angst about the methodology that might or might not be used in creating this “transparent process”.   We also understand the a total of $10 million dollars for “preliminary engineering” was included as part of the approved Route 29 Solutions package.

Back in May of 2014, we wrote about Playing Dominos with a the series of interchanges resulting in the US 29 Expressway.  We have many of the same concerns we raised in that post:

No one believes that the interchange at Rio is the end, it is like putting in a 4 inch pipe on a 2 inch line, while the water will move freely on the larger connector it really does little good for the overall velocity of the water until you expand the whole line.

It is strategically important to recognize the proposed Shucet Solution is being offered as an all or nothing opportunity with a time deadline.  He (and the McAuliffe Administration) knows that is if  Domino #1 falls and Domino #2 [Hydraulic] starts to tilt – the eventual expressway will be well on its way to completion.

Once these first two dominos fall, we will start to see the calls for access management and more “grade separated intersections”.  The “depressed express lanes” will start at the Wal-Mart at Hilton Heights Road and will logically terminate with a set of flyover exit ramps to 250.

Currently the State has found the proper leverage points to “facilitate” a solution on the Charlottesville area.  The timing, strategy and tactics they have used have been nothing short of amazing.  They held an advisory panel of opinion leaders without a single vote or test for consensus, they truncated the timing of the process to elude the July 1 deadline of HB #2 that requires project prioritization and they are poised to get Charlottesville to give up almost two decades of opposition to the highly disruptive Hydraulic/US29 Interchange. 

Chess Master Bobby Fisher once said, “Tactics flow from a superior position”. Even when it is not in the best interest of the community, one must recognize the excellent gamesmanship exhibited by both Shucet and Virginia Transportation Secretary Aubrey Layne.

Well played, gentlemen, well played indeed.

We sense gamesmanship is again at work in this acceleration process.  With the new “accelerated” funding will the CA-MPO reach out to other major users of US 29 for the panel discussions?  Considering three corners of the Hydraulic intersection are n the City of Charlottesville and one is in Albemarle County, who will drive the small area planning?  How will the City and County Planning Commissions be engaged?  Or will they?    Considering the careful wording of the CA-MPO resolution is there any community or political support for another grade separated interchange on US 29?

As usual we have more questions than answers.

Respectfully submitted,

Neil Williamson


Neil Williamson is president of the Free Enterprise Forum, a privately funded non-profit public policy organization focused on local governments in Central Virginia. For more information visit www.freeenterpriseforum.org.

 

Is The Jury Still Out on Albemarle Courts Relocation?

By. Neil Williamson, President

Tonight (10/24) the Albemarle County Board of Supervisors will take “public input” regarding the albemarle-courthousepossible relocation of their courts system.  Of the five options on the table, all but one keeps the courts in the City of Charlottesville. While the Free Enterprise Forum would like to have a favored option, we do not believe the case has been made for any option — considering how far along the process is, we are astonished at the basic questions that remain unanswered.

To review here are the five options:

OPTION 1: DOWNTOWN/LEVY EXPANSION
OPTION 2: RELOCATE COUNTY & CITY GENERAL DISTRICT COURTS TO COUNTY OFFICE BUILDING MCINTIRE

OPTION 3: RELOCATE COUNTY GENERAL DISTRICT COURTS TO COUNTY OFFICE BUILDING MCINTIRE

OPTION 4: RELOCATE COUNTY GENERAL DISTRICT COURTS & CIRCUIT COURTS TO COUNTY OFFICE BUILDING MCINTIRE

OPTION 5: RELOCATE COUNTY GENERAL DISTRICT & CIRCUIT COURTS TO COUNTY SITE

As we examine the decision matrix provided by the county, we have many more questions than answers.

Here are our top ten inquiries:

  1. Has the city offered any economic incentives to support any of the City based options? (see last week’s blog post)
  2. Why does option 1 (stay downtown) cost $12,500,000 more than building in option 5?
  3. Why does it cost $18,000,000 to put the General District Court at the County office building when it appears that most of the infrastructure is already there?
  4. If you build a new county admin facility, where will it be located and, how much does it cost?  Where is that cost shown?
  5. Do options 2-5 factor in the lost property tax revenue for whatever parcel is acquired?
  6. The matrix seems to indicate that options 2-5 strongly support the County’s strategic redevelopment/urban place making priorities.   Doesn’t that really depend on where the County offices are built and how?  It could eat up a bunch of property in the urban area and create little long term value.
  7. Will option 5 allow a mix of uses on their site?  What of creating affordable housing over top of the new county offices?
  8. It seems that you are assuming any new construction by the County in the County has high economic development value.  Why?  What assumptions have been made to draw that conclusion?
  9. Is taking urban county property off the tax rolls good for economic development? Will the development area be expanded to replace this lost land?
  10. Why is the construction risk higher for option 1 than any of the other options?

The public input offered can only be as good as the information provided to them to base that input.  We forwarded these questions to Albemarle County early last week and they indicated they hoped to have answers in their presentation tonight. If that is the case, the public will have limited time to process the information before the public input session closes.

Regardless, these questions need answers before anyone should make a decision on the future location of the court.

The jury is not “still out” — the full argument has yet to be presented.

Respectfully Submitted,

Neil Williamson, President

_____________

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 http://www.freeenterpriseforum.org

Photo Credits: Albemarle County