Category Archives: Greene County

Greene E911 – “A Failure To Communicate”

By Brent Wilson, Field Officer

When the Greene County Board of Supervisors placed on their agenda “Matters from the public” for their February 13th meeting, they may not of anticipated the significant turnout. The Greene citizens responded with an overflow crowd at the County Administration building including two local television stations.

In this era of disrupting meetings, Greene citizens are to be commended as how they addressed the Supervisors – at the beginning of the meeting. The main issue brought up by over 20 speakers was concern about spending funds for a new E911 system when major expenditures for a dam and school expansion have been committed. The general understanding of those in attendance was that the E911 center was going to be moved at a significant cost and the former administrator was retained by the county and works in the County Administration building.

Representatives of the volunteer rescue squad and Fire Departments also addressed the Board of Supervisors. Their message was clear – we are getting “no clear supervision” and it goes back and forth who we are to answer to.

Several other citizens asked that the Supervisors have the courage to back up and revert to how E911 worked since 2012 and then have a committee analyze how best to address E911 services in the future. One of the final public comments was there seems to be “a failure to communicate” in Greene County – just like Paul Newman in the movie Cool Hand Luke.

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After the public comment – Chairperson Michelle Flynn restated what was in the press release from the Board, no decision has been made to move the E911 center. And that the intent of tonight’s public comments is to gather information to provide a safe E911 program for the citizens of Greene County.

Vice Chairperson, Bill Martin, said that since he was Chairperson 18 months ago when the E911 system became an issue, he wanted to recap what has transpired. He began stressing that there is no “plot” and no decision has been made. The Board has two concerns related to E911 – safety of the citizens of Greene and providing a cost effective solution.

In 2012, the E911 system was consolidated with the Sheriff’s office to be cost effective. In August, 2016, Sheriff Steve Smith “terminated” the E911 Supervisor. However, this person is employed by Greene County, not the Sheriff and therefore she could not be terminated by the Sheriff. But, she was refused admittance to the E911 center (within the Sheriff’s office) even though she was never fired by the county. The Sheriff effectively prevented her from doing the core functions of her job.

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Sheriff Steve Smith

Supervisor Martin continued, stating that there were no negative comments in her personnel file. She was provided office space in the County Administration building and fulfilled the rest of the duties assigned to her.

Sheriff Smith then requested $77,000 additional funding to the budget to fund the hiring of a replacement. This request was denied by the Board. Smith then filed a lawsuit against the county.

Pat Fitzgerald’s article in the February 7th Greene County Record picks up the story:

In October, a judge ruled in favor of the county.

“That case is still pending even though the county says otherwise,” Smith stated last Friday.

The county’s news release issued that week, however, stated: “On December 19, the County Administrator, with the full support of the Board of Supervisors, sent a memo again clarifying that the county-owned E911 center is under the management and direction of the county Emergency Services Coordinator. The notification did not suggest a separation or relocation of any E911 dispatch services and, in fact, the Board maintains that it changed nothing about the structure.

“The Sheriff continues to maintain the fully trained and qualified Emergency Services Coordinator will not be permitted in the county E911 dispatch center to provide management supervision,” the county stated. “He also asserts that the Sheriff must have full authority to determine who enters and is employed in the county-owned dispatch center because it is located in the same building the county provides for the Sheriff’s department….

Smith, however, said Friday “the statement that was put out by Chairman Michelle Flynn is inflammatory and mostly untrue.”

Martin requested that we get all of the stakeholders at the table and find a solution that provides a safe county at no additional cost.

In the end, it was agreed that a meeting with all the stakeholders, including Flynn, Board liaison Supervisor David Cox, Smith, the three fire chiefs in the county and the rescue squad be held. Sheriff Smith stated that his lawsuit would be dropped if an agreement could be reached.

Obviously personnel matters are confidential but many in the community hope that this power struggle between the Supervisors and the Sheriff can be resolved.  Some have suggested the following:

1) The Supervisors would review the information that Sheriff Smith used to justify the termination of the E911 supervisor

2) If the Supervisors agreed with the data then the employee should be terminated and a new employee hired to work at the Sheriff’s Office

3) If the Supervisors disagreed that the employee should be fired then they should try to work out a solution with Sheriff Smith to have the supervisor return to work at the Sheriff’s office

4) If an agreement cannot be reached, either: the employee should be reassigned to other duties outside of the Sheriff’s office and a new E911 supervisor be hired or a new independent E911 center should be created outside of the Sheriff’s office.

5) The Sheriff and the fire chiefs need to discuss the several instances where the E911 response dispatched did not follow accepted procedures.  Both parties must agree to a response protocol that protects citizens.

6) If such an agreement can not be reached, E911 must be removed from the Sheriff’s office and an independent E911 facility must be established outside the Sheriff’s office building.

Any needed changes need to happen quickly as an effective and efficient E911 system is critical the the health and safety of Greene County citizens.

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

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Greene Supervisors Decline US 29 Residential Rezone

By. Brent Wilson, Field Officer

Significant public policy issues including affordable housing, economic development and commercial capacity were all part of Tuesday night’s Greene County Board of Supervisors’ rezoning public hearing. A standing room only crowd as well as several media outlets were on hand to hear an unsuccessful rezoning request and, then if rezoing were approved, a request for a Special Use Permit.

Back in December the Greene County Planning Commission voted 4-1 (Morris opposed) to recommend approval of the Mark-Dana Corporation request to rezone of a tract of 8 acres in Ruckersville from B-2, Business to R-2 , Residential.  The current owners of the property are John and Wanda Melone of the Melone Family Trust who plan on selling the property to the Mark-Dana Corporation to be developed.

Greene County Planner Stephanie Golon presented the rezoning application identifying the property as just south of the Blue Ridge Café and the Ruckersville Antiques Gallery on Route 29 South. The 8 acres requesting to be rezoned sits to the west of 7 acres (farther away from Route 29), both parcels owned by the Melone Family Trust.

Golon mentioned that the parcel is located at the south end of the area identified as mixed use in the Comprehensive Plan. The feedback from the departments in Greene County did not have any concerns other than the school system – Schools Superintendent Andrea Whitmarsh responded that the Ruckersville Elementary School was at capacity already and the addition of 105 apartments would add to the overcrowding.

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Andrea Whitmarsh

Projected residential growth of the county is expected and is part of the schools justification for expanding the school system. However, the development could generate up to $1.2 million in tap fees to access the public water system.

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David Koogler

Next David Koogler, chairman of the Mark-Dana Corporation,  gave the Supervisors some background of his company. His mother, father and Sister – Dana – operate the company that was started in the 1980’s when President Reagan signed low income housing into law. They have done similar projects in Virginia and Texas and they live in Grottoes, VA.

Jack Melone, one of the owners of the property, then addressed the Board. He explained that the parcel was originally zoned Agricultural, the front part then was rezoned to B-2 and later the county changed all of the zoning to B-2.  Melone stated that this rezone to B-2 has brought about a significant tax increase for him and his family.

The hearing then was open to the public with 12 people commenting and all but two asked that the Supervisors decline the rezoning with the major reason being that it would be take away from business property along Route 29. However, Simon Fiscus Director of Skyline CAP spoke in favor of the project as a way to provide more low income housing for the county.

Several of those opposed to the project agreed that low income housing in Greene County is needed, but not in this location – a prime business location. Others opposed the rezone since the county has already signed up for large expenditures for a water supply and school expansion. The consensus was that adding more people would aggravate both of these issues.

The other issue made by Bill Gentry a realtor with Jefferson Land & Realty in Madison in favor of the rezone was that commercial development looks at rooftops to determine if there is enough demand to support their business. He cited the Lamb property that has set vacant for decades and other parcels that have similar situations. The rezone and the proposed development would help attract more development.

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Bill Gentry

The meeting then shifted to a discussion amongst the Board members. Supervisor Bill Martin asked Golon if the access to the parcel being considered would be through the frontage rather than by some connector in the rear. Golon indicated it is planned to access through the front of the property. Martin further stated that he supports affordable housing and Greene County needs it. However, this property is better suited as B-2, Business.

Supervisor Dale Herring agreed that the property should stay B-2 and that in the long run – 20 to 30 years – the property will better serve the county as currently zoned. Greene needs affordable house, but somewhere else.

Supervisor David Cox brought up another issue that he is not in favor of split zoning and that this would go against developing a business district. The Supervisors unanimously agreed to not approve the zoning request.

At this point Chairperson Michelle Flynn asked Koogler if he wanted to pursue the Special Use Permit.  Koogler said no but he asked to address the Board. He stated that this is the third parcel he has brought before the Supervisors in Greene and all have been disapproved. He stated that his company’s projects do attract businesses. His final request was – would the county please point him to a parcel that would meet the approval of the Supervisors so that his company can bring affordable housing to Greene County

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Alan Yost

Hopefully Greene County can have Economic Development Director Alan Yost and the EDA help identify a viable parcel for this development. As for the specific parcel of Melone, he has previously stated that the tax burden of the property is not sustainable for him. While the county may want commercial development on the parcel – Melone he has tried for years to develop it with business developers, unsuccessfully – he may have to find another way to dispose of the property.

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

Greene PC Recommends Rezoning To Fix Split Zoning

By Brent Wilson, Field Officer

A “Split Zone” sounds like a complex defensive pass coverage for one of the upcoming NFL playoff games but in zoning parlance split zoning is when a single parcel has two different zoning designations.

Thomas Morris owns such a parcel that is currently split 5.14 acres R-1, residential, 3.47 acres A-1 Agricultural.  Morris came to the January 17, 2018 meeting of the Greene County  Planning Commission requesting all of his parcel be rezoned to A-1, agriculture.  This change would allow subdivision of the parcel and permit mobile homes.

The parcel requesting the rezone is in the western end of Greene County on Snow Hill Road off of Bacon Hollow Road (Tax Map 46-(A)-43B). The reason for the request is to be able to rent two additional mobile homes in addition to the current two units onto the 8 acre parcel.  Mobile homes are not a permitted dwelling unit in the current R-1 zoning.   Although, Morris plans on only adding one additional mobile home at this point he wants to have the ability to rent two.

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Stephanie Golon

Planner Stephanie Golon presented the request to the Planning Commission explaining that the rezone will allow Morris to place one mobile per two acres and that the A-1 zoning in this location is in synch with the Comprehensive Plan.

Commissioner John McCloskey commented that the property was originally zoned R-1 many years ago but there has been no development and therefore rezoning to A-1 doesn’t reduce the density of the parcel.

Chairman Jay Willer commented that the zoning can be changed in the future if needed. At that point the motion to recommend approval to the Board of Supervisors was passed 4-0, since Commissioner William Sounder was absent from the meeting. The January meeting was also Commissioner Ron Willams first Planning Commission meeting.

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

Who Answers Greene County 911?

By. Brent Wilson Field Officer

Greene County’s first 2018 Board of Supervisors “organizational” meeting included mundane, but important items such as a review of the calendar, committee assignments, review of bylaws etc. — until the Matters from the Public agenda item cam up.

Two speakers addressed the Supervisors about the reassignment of the E911 system from the Sheriff’s Office to County control. The first person to speak was Greene County Sheriff Steve Smith who provided his version of events that occurred in December to take the operation of the E911 system away from his department.

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Sheriff Steve Smith

Smith said that on the afternoon of Tuesday, December 19th – right before the Christmas holiday – he received an email from Greene County Administrator John Barkley stating that the E911 department was being reassigned and responsibility taken away from the Sheriff’s Office and transferred to the Emergency Service Department headed by Melissa McDaniel.  Smith reported this was done with no advance notice to the Sheriff’s office.

This action prompted an agreement be signed on Wednesday, December 20th be given to allow dispatchers (who no longer report to the Sheriff) to work in the Sheriff’s office. After this approval was attained, Smith contacted Barkley to ask who had approved this change and he was told that the Board of Supervisors initiated the change. Smith then contacted a supervisor and was told that this was initiated by Barkley. Up until this time Smith said he had been told by the Board of Supervisors that the E911 function wouldn’t be separated from the Sheriff’s duties.

Smith concluded by requesting E911 responsibility be returned to the Sheriff’s control.

The second speaker from the public, Bob Young, also addressed the E911 function. His concern was related to the change is assignment being done in closed session of the Board. He indicated that he felt that the public deserves to know why the change was made and asked that each supervisor indicate their comments and decision in public session.

As a practice, the Greene County Board of Supervisors only receives matters from the public at each meeting and does not make any comment related to those comments at the same meeting.

In a related item later in the meeting under “Information issues”, the Supervisors heard from County Attorney Ray Clarke who reviewed the scope of what can and cannot be discussed in executive session.

For now, the Supervisors have shifted the responsibility from the Sheriff to the Emergency Services department for handling E911 calls and determining what department should respond to the call – Sheriff, fire, or rescue.

Most citizens of Greene County want to be safe, have a responsive fire department and a rescue squad that gets them to the hospital in an emergency and that the E911 system is run efficiently and at a reasonable cost. And they probably don’t care who supervises that process, just make it happen.

The current Emergency Operations Plan posted on the county website on page 169 lists first the Director of Emergency Services. http://www.greenecountyva.gov/forms/documents/emergency-services/1205-public-copy-county-of-greene-eop-all-hazards-2/file

This is just the latest of conflicts between the elected Sheriff and the elected Board of Supervisors; some ending up in court. Much like the School Board, the Sheriff’s office is designed to operate outside of the Board of Supervisors.  The relationship, and the relationship with all constitutional officers, is one that needs to be managed well by all involved.

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

Free Enterprise Forum 2017 Top 10

By. Neil Williamson

top ten listWell, 2017 is the year many in Central Virginia would like to forget.  Beyond the far reaching ramifications of the year when Charlottesville became a verb on the national stage, The Free Enterprise Forum remained focused on monitoring local government, reducing regulatory burdens, promoting market based solutions, protecting property rights, and encouraging economic vitality.

None of this could be accomplished without the generous support of our donors and our regular readers. Thank you.  As we embark on our fifteenth year of operation,we remain vigilant, and “pleasantly” persistent.

Each year, we select the top ten blog posts for our year in review.  There were many other blog posts that reached honorable mention status.  I would be remiss if I did not thank our Field Officers Brent Wilson (Greene County) and Bryan Rothamel (Fluvanna County) for their significant reportage in 2017.

With apologies to the now retired David Letterman, here are our Top 10 posts for 2017:

#10 Albemarle’s $52 Million Rain Tax Department December 4, 2017

rain gifFarmers count on rain to feed their crops; Albemarle County is counting on the Rain Tax (AKA Storm water “fee”) to grow government with a 10 year budget that exceeds $52 million.

 

#9 Charlottesville’s Paid Parking ‘Canary in the Coal Mine’ ? March 14, 2017

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.

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

#7 Frederick Fleet and Charlottesville’s Form Based Code Charrette Sept. 7, 2017

Frederick Fleet photo credit 123people….Considering the current [Charlottesville] climate, I am reminded of Titanic crewman (and survivor) Frederick Fleet who was on duty when he saw a black mass ahead of the ship. He struck three bells and telephoned the bridge. Though the ship swung out of the way, he watched as an iceberg scraped the starboard side.

The Free Enterprise Forum is ringing the bell.

We fear this ill timed, but worthy, Form Based Charrette exercise will be met with a similar fate.

It is a shame.

#6 Fixing Charlottesville NDS Engine Light February 16, 2017

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.

#5 Albemarle Economic Development X Files March 29, 2017

i want to believeAlbemarle County says that it is in favor of economic development.  The former County Executive Tom Foley went so far as to say it is a “new day in Albemarle” regarding being open for business.  A couple of supervisors have even gone on the road attempting to drum up public support for economic vitality.

I find myself thinking of the 1990’s science fiction series the X-files where two FBI agents, Fox Mulder the believer and Dana Scully the skeptic, investigate the strange and unexplained, while hidden forces work to impede their efforts.

Just as Fox Mulder in the X-Files, I want to believe Albemarle, but the facts keep getting in the way.

#4 Changing Charlottesville Philosophy to YIMBY July 25, 2017Image result for yimby

…This is not a development problem, it is a political problem, and it exists nationwide.

I recently reviewed the YIMBY (Yes In My Backyard) San Francisco platform and I believe there are many parallels to Charlottesville….

We believe that San Francisco has always been, and should continue to be, an innovative and forward-looking city of immigrants from around the U.S. and the world. San Francisco is not full, and the Bay Area is definitely not full. Ours is an inclusive vision of welcoming all new and potential residents. Anyone who wants to should be able to afford housing in the Bay Area.

#3 Hindsight Report Asks ‘What If?’ August 1, 2017

…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).

 

#2 A Tradition Like No Other–Albemarle Again Seeks to Ban Golf  April 5, 2017 and

Sunny Day? Albemarle Prohibits Greens, Endorses ‘Green’ April 24, 2017

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….By our back of the envelope calculations, rural recreation is an economic driver in the community representing nearly 2,000 jobs and an annual payroll of $40 million dollars.  In addition, rural recreation is a part of the fabric of Albemarle County.  The Free Enterprise Forum asks you to abandon this folly and utilize your limited staff resources to meet real needs of the community.

#1 Sayonara Shucet March 31, 2017

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.

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…. As a facilitator extraordinaire, he has stayed true to the “Shucet Six” we first identified in 2014…. for now we say Sayonara Shucet, we wish you fair winds and following seas.

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But most of all THANK YOU, the readers and supporters of this blog and our work in Central Virginia.  Without your generous support, we would not exist, thank you!

BRING ON 2018!

Respectfully Submitted,

Neil Williamson, President

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

Greene Planning Commission Approves 105 Apartments

By. Brent Wilson, Field Officer

A proposed affordable housing apartment project on US 29 in Ruckersville took a step forward Wednesday night.

The Mark-Dana Corporation came before Greene County’s Planning Commission on December 20th seeking  a two-step approval – 1) rezone a tract of 8 acres in Ruckersville from B-2, Business to R-2 , Residential and 2) a Special Use Permit (SUP) to increase the density to allow 105 apartments to be built on the 8 acres.  The current owners of the property are John and Wanda Melone of the Melone Family Trust.  If the rezoning and SUP of the property are approved, the Melones plan on selling the property to the Mark-Dana Corporation to be developed.

Greene County Planner Stephanie Golon presented the rezoning application identifying the property as just south of the Blue Ridge Café and the Ruckersville Gallery antique store on Route 29 South.  The 8 acres requesting to be rezoned sits to the west of 7 acres, both parcels owned by Melone Family Trust.

Golon mentioned that the parcel is located at the south end of the area identified as mixed use in the Comprehensive Plan.  The feedback from the departments in Greene County did not have any concerns other than the school system – Superintendent Andrea Whitmarsh responded that the Ruckersville Elementary School was at capacity already and the addition of 105 apartments would add to the overcrowding.  This is part of the school’s justification for expanding the school system.

The other main issue of the presentation is the Mark-Dana Corporation will be applying for financing through the Low-Income Housing Tax Credit Progam  which will help provide affordable housing in Greene County.   Under this financing program, units constructed must remain affordable for forty years past the date of occupancy.

David Koogler

David Koogler, chairman of the Mark-Dana Corporation, reviewed the project for the commission stating that the units will have a brick frontage, they will be three stories in height and there will be one, two and three bedroom apartments.  Koogler explained that his parents started the business and they now have 23 properties with 15 of them in Virginia and the balance in Texas.

The hearing then moved to comments from the public which brought up several concerns – the project is barely cash positive with only 30 students estimated, another 2 students would cause the project to be cash negative.  The other issue brought up was the demand on the water supply.   The White Run project won’t be completed for five years after the apartment project is completed (2019 vs. 2024).   However, Simon Fiscus Director of Skyline CAP  spoke in favor of the project as a way to provide more low income housing for the county.

Commissioner Frank Morris brought up the question of how many housing units this parcel would allow by right.  Planning Director Bart Svoboda answered that based on 8 acres it would accommodate 48 units.  Commissioner William Saunders asked if the possible lack of water can be a reason to reject the rezoning request.  Svoboda answered no, since there are EDU’s available.

Chairman Jay Willer brought up the fact that if this rezone to R-2 is approved it would be the first residential rezoning in the growth area of Ruckersville.  The vote was then taken and was approved 4-1 with Commissioner Morris voting against the rezone.

With the rezoning approved, the commission turned to the Special Use Permit request to allow 105 apartment units on the eight acres, up from the 48 units allowed by right in R-2.   Koogler added to Golon’s presentation about the number of new residents in the apartments.  Koogler stated that historically some of the apartments are rented by residents already living within the county the apartments are constructed.  Therefore the net increase which generates a need for additional resources from the county is less than the total number moving into the apartments.

In the SUP public hearing, again, the input from the pubic focused on the pressure on the school system.  Inversely, Fiscus again stated the need for more affordable rental units.  Morris brought up his concern about setting a precedent of going above the “by right” number of units per acre.  McCloskey asked Svoboda if a condition of the SUP could be that it restricted the property to affordable housing.  Svoboda answered that no, under state code, that type of restriction could not be applied to the property.

Willer asked Mr. Koogler one last question – how long does the restriction of the property last?.  Koogler answered that the restriction lasts 40 years and stays even if the property is sold.

At that point the commission voted 4-1 to recommend approval of the Special Use Permit to the Board of Supervisors.

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

Greene County Revises Water/Sewer Connection Payment Timing

By. Brent Wilson, Field Officer

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

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

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

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Jim Frydl

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

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

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

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

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

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Marie Durrer

Frydl Farewell

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

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

Albemarle Restrictions Benefit Greene Cell Coverage

By. Brent Wilson, Field Officer

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

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

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

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

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

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

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

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

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

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

Who Will Decide Election 2017?

By. Neil Williamson, PresidentBallot Box

One day left.  Mercifully.

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

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

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

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

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

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

virginia voter turnout photo credit Rassmuten

Credit: Rassumsen Reports

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

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

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

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

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

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

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

Respectfully Submitted,

Neil Williamson, President

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

 

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

Greene County Supervisors Revise R-2 Zoning Height

By. Brent Wilson, Field Officer

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

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

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

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

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

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

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

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

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Supervisor Jim Frydl (Midway District)

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

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

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