Tag Archives: albemarle county

Albemarle’s $5 Million ACP Mitigation & The Big Blue Marble

By. Neil Williamson, President

See the source image

The PBS series The Big Blue Marble was very popular in my elementary school years.  This program was ground breaking in presenting environmental (and social) concepts to children around the world including the interconnectivity of all natural systems to one another.

Based on recent actions, we are confused if Albemarle County considers itself part of the world’s larger interconnected ecosystem or an independent environment.

In their recent discussions of proposed stream health guidelines in the development area, Albemarle County seems to claim independence from the larger ecosystem –

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

Despite our recent post [Snow White and Albemarle’s Stream Health Incentives] highlighting the fact that currently no such nutrient credit bank exists in Albemarle County, staff contends this concept of “Albemarle Specific” Credits were critically important to the environmental community.

With this understanding we were perplexed by Allison Wrabel’s front page Daily Progress article [$5M in pipeline funds to support new Albemarle park] .

Though the Atlantic Coast Pipeline route does not cross through Albemarle, $5 million in pipeline mitigation money is earmarked for the future Biscuit Run Park in the county….Being in the route of the pipeline is not a criterion to receive mitigation funds, Deputy Secretary of Natural Resources Joshua Saks said…

Philosophically, the existence of the federally approved mitigation offer ignoring geographic specifics and Albemarle’s acceptance of such funds indicate an understanding and acknowledgement of natural interdependence.

The Free Enterprise Forum believes intellectual integrity requires that Albemarle County drop its isolationist environmental stream health demands and join with the rest of the world on our journey through space on our shared Big Blue Marble.

Respectfully Submitted,

 

Neil Williamson, President

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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:lermaster.weebly.com

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Government Tourism Coup Will Produce Poor, Politically Palatable, Promotion and Pitiful Profitability

FORUM WATCH EDITORIAL

By. Neil Williamson, President

Local government is poised to cook the golden goose — tourism.

After a series of political moves over several years, local government, not the local tourism industry, is now in charge of marketing our community to the outside world; they honestly don’t know what they don’t know.

And they are about to become more powerful.

Please let me explain.

Imagine if your business was required to calculate, collect and turn over to the government additional taxes purportedly to promote the region and therefore generate more business for you.

That’s how § 58.1-3819. Transient occupancy tax (TOT) works.  This is the taxes paid by those who stay in a particular locality (Hotel, Motel, Campground, AirBnB, etc.) for the privilege of doing so.

So now that the tourist tax dollars have been properly collected and turned over to the government, who should be in charge of making the marketing decisions designed to generate tourism?

The industry or the elected officials?

The state code section seems to have an opinion about that specific issue:

….may levy a transient occupancy tax not to exceed five percent, and any excess over two percent shall be designated and spent solely for tourism and travel, marketing of tourism or initiatives that, as determined after consultation with the local tourism industry organizations, including representatives of lodging properties located in the county, attract travelers to the locality, increase occupancy at lodging properties, and generate tourism revenues in the locality. If any locality has enacted an additional transient occupancy tax pursuant to subsection C of § 58.1-3823, then the governing body of the locality shall be deemed to have complied with the requirement that it consult with local tourism industry organizations, including lodging properties.

The Free Enterprise Forum joined with many in the tourism and hospitality industry raising concerns when the elected officials changed the structure of the Charlottesville Albemarle Convention and Visitors Bureau (CACVB) Board from being industry led (a best management practice across the nation) to being led by elected officials and government employees.  The current Executive Board includes a representative from each elected body, as well as Charlottesville’s city manager, Albemarle’s county executive, an economic development staff member from both the city and the county and a representative from the University of Virginia and two industry representatives, one each appointed by the city and the county. This means currently two-thirds (66.6%) of the current board is elected or works for the locality.

The localities want this to change, they want MORE POWER.  Next week (12/12) Albemarle County will accept public comment on the proposed changes to the CACVB.

From their proposed proclamation:

WHEREAS, the County and the City desire to amend the Agreement to authorize two members of the Board of Supervisors and two members of the City Council to serve on the CACVB’s Executive Board and to making any corresponding changes to the Agreement as provided in the amended agreement attached hereto as Attachment A (the “First Amended Agreement”).

Regardless of the individuals in the positions, this means that marketing and advertising decisions will be made by a a board where 73% of the members are not directly involved in tourism (either elected officials or work for the locality).  Does this sound like the kind of consultation contemplated under State Code?

The challenge of getting officials to understand marketing outside of their world was made exceedingly clear in the October CACVB advertising pitch.  Allison Wrabel of the Daily Progress has the story

CACVB Interim Executive Director Adam Healey said that the campaign is aimed at 25 to 44 year olds in the Washington, D.C. area and Raleigh, Durham and Chapel Hill in North Carolina, who are looking for short or overnight trips.

“You are not always your customer when you’re doing marketing,” he said…..

…Board member Roger Johnson, Albemarle County economic development director, said he thought the same general concept, but with a regional brand that “wasn’t so Charlottesville centered” would be “better accepted by the folks in Albemarle County who are taxpayers” and the target group….

…Albemarle supervisors Diantha McKeel and Ann Mallek said they hardly saw the county mentioned….“It will be a surprise to no one that it took me seven years to get Albemarle on the logo and I’m not going to give it up,” Mallek said….

Many of the industry representatives on the board supported using “C’ville” in some fashion and said they thought the proposed campaign was a great start.

“In my mind, the C’ville six letters identifies the region,” said George Hodson with Veritas Vineyard & Winery, the county tourism industry representative on the board. “I think we can’t lose sight of the forest through the trees and kind of lead with our own baggage. C’ville identifies this region without saying Charlottesville.”

“Why try to gum up peoples’ mouths with phrases and long things that aren’t going to be marketable?”

The proposal is the groundwork of a good campaign, he said.

With the latest government expansion it is being made abundantly clear that the government, not the practitioners will control the marketing message.  It’s difficult for many to understand, the message that resonates to you (and your voters) may not be the message needed to attract young visitors with disposable income and free time.  If such decisions are left to municipal officials, it may be a very expensive lesson.

We believe this structural error goes against best management principles and is in conflict with the intent of the state code.  We believe the imbalance should be reversed, those who collect tourist tax dollars [and have a vested interest in their success] should have the ability to impact where and how the promotional dollars are spent.

In addition, many of the officials on the CACVB board wants to change the performance metrics away from hotel occupancy rates “Heads in Beds” to something else.  If the funding comes from those “Heads in Beds” shouldn’t that be the promotional focus and evaluation tool?

I really hope we are wrong about the officials’ CACVB marketing blind spots and the localities don’t waste millions of visitor (not residents) tax dollars in poor promotion.

If we are right, unfortunately, it will be the tourism industry that will first feel the pain of a poor, politically palatable, promotion producing pitiful profitability.

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: http://angielskidlakazdego.blox.pl/resource/goldenegg.jpg

Albemarle Banning Through Trucks–NIMBY 2.0

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

By, Neil Williamson, President

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

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

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

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

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

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

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

Staff indicates 3, our research says ZERO

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

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

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

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

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

Thank you for the opportunity to speak.

Neil Williamson

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

The Hindsight Report Back in the News

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

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

By. Neil Williamson, President

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

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

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

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

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

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

 

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

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

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

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

Was it a good deal?

Hopefully this data will help you decide.

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

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

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

Respectfully Submitted,

Neil Williamson, President

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

Proposed Politically Proactive Agenda of Albemarle’s Community Advisory Committees

FORUM WATCH EDITORIAL

By. Neil Williamson, PresidentImage result for warner wolf let's go to the videotape

I grew up watching television sports anchor Warner Wolf’s trademark introduction to each evening’s highlights, “Let’s Go To The Videotape”.

I anticipate Wolf would be most appreciative of The Crozet Gazette recording (digitally) the entirety of last week’s Crozet Community Advisory Committee (CCAC) meeting.

But I get ahead of myself.  Please let me explain. 

The Free Enterprise Forum has been very critical of Albemarle County’s Community Advisory Committees.  Here are just a few of our posts:

Most of the people serving on these unelected development area committees are sincere residents working to make their community a better place by commenting on development proposals, evaluating traffic reduction measures and discussing community infrastructure investments.  But there are some that seem to believe these CACs, as they are known “represent the majority of the development area residents” and should be empowered to set the political agenda.

At the very end of last week’s CCAC meeting,  Former Planning Commissioner Tom Loach clearly outlined his desire for the group to work with the other CACs to develop a Proactive CAC Action Agenda:

Loach said:

Why we should have a dialog with the other CACs [is] because I don’t think their problems are any different than ours … Here every year we have a meeting that the county calls and its all the CACs together…. but nothing gets done, there is no result in it….

…What I would like to see us do is work with the other CACs and start to come up with an agenda, an action agenda, that we can use for all of the CACs for the next year so that when we do that we’re not talking as individual CACs we’re talking essentially as the majority of the residents of the growth areas … I’d rather be proactive than reactive.

…What I am looking for are the global [themes between CACs] that we can focus on as an agenda item to work with the Board [of Supervisors] Emphasis Added-NW

Don’t believe me, thanks to the Crozet Gazette we can [as Warner Wolf would say]  go to the videotape:  https://t.co/PZFK6W60bv

Now to be fair, Loach was seeking to have a larger discussion about this concept at the next CCAC meeting and the last minute proposal was greeted by CCAC members gathering their papers. The topic will be added to the group’s October agenda.

The Free Enterprise Forum has learned this is not the first time this issue has come up.  It was apparently discussed at the CAC Chairs/Vice Chairs meeting earlier this year.  The topic is listed as a 10 minute discussion item on tomorrow night’s Places 29 Rio CAC agenda.

We hope each CAC will push back on the Loach Proactive CAC Action Agenda concept, perhaps by citing Albemarle County’s specific charge of the CAC:

image

Based on the diverse membership of the CCAC and the general level headedness of the other CACs, I do not think the Loach Proactive CAC Action Agenda will see the light of day.

We hope not; such is the work of elected officials who are answerable to all the voters both in and outside of the development areas.

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 www.freeenterpriseforum.org

Photo Credit: www.networthpost.com

Top Gun, BRT, and The Dog Bone Roundabout

By. Neil Williamson, PresidentSee the source image

In the 1986 blockbuster movie Top Gun, Navy pilot Pete “Maverick” Mitchell was unable to get his head right when he lost his back seater, Goose.  He had to get focused on the future and make peace with the past.  The question when his squadron was in a dog fight, and needed him, would he engage?

I fear this is the same feeling regarding citizens, businesses and landowners in the current small area planning of the Rio/US29 region.

Please let me explain.

Maverick’s question of when to engage is pertinent because while some Rio/29 folks feel as though their perspectives were not taken seriously as the Grade Separated Interchange was pushed through approvals, and they are now hesitant to re-engage in a planning process with what they considered negative results.

Yet, like Maverick, we find ourselves at a juncture that requires us to engage.

This Thursday, August 9th at 6 pm at the Northside library, Albemarle County planners will hold an open house to get the feedback from the community to their long range plan.  The Free Enterprise Forum believes this is the time to engage.

Albemarle County explains the small area plan:

A Small Area Plan is a planning tool used to define a detailed plan for urban development and redevelopment in a focused area of strategic importance. The Rio29 Small Area Plan will devise a vision for the area around Route 29 and Rio Road and create a roadmap for implementation. The vision is guided by stakeholders that live, work, and play in and around the area and by the strategic goals adopted by the Board of Supervisors through the Comprehensive Plan, Places29 Master Plan, and Strategic Plan.

The Plan will help incorporate the new Rio Road Grade-Separated Intersection with future land use, transportation and capital projects in the area  Emphasis added-nw

In presenting the small area planning process, there will likely be caveats that this process is “visioning” and nothing is written in stone, or even funded.  The definition calls for the vision to be guided by the stakeholders however, if the public fails to engage, silence may be determined to be consent.

imageThe problem with long term planning is it is about the future and the future is never as we envision. Just twenty four months after the completions of the Rio/US29 Grade Separated Interchange, planners are already scoping out its replacement, the dog bone roundabout with Bus Rapid Transit (BRT) Station.

So we are planning for a BRT while we have not yet determined that we want/need this infrastructure investment.

The Institute for Transportation and Development Policy defines a true BRT system:

See the source imageBus Rapid Transit (BRT) is a high-quality bus-based transit system that delivers fast, comfortable, and cost-effective services at metro-level capacities. It does this through the provision of dedicated lanes, with busways and iconic stations typically aligned to the center of the road, off-board fare collection, and fast and frequent operations. 

Because BRT contains features similar to a light rail or metro system, it is much more reliable, convenient and faster than regular bus services. With the right features, BRT is able to avoid the causes of delay that typically slow regular bus services, like being stuck in traffic and queuing to pay on board. emphasis added – nw

 

The Free Enterprise Forum believes BRT is dramatically better than light rail, but we are not yet convinced that a mere two years after widening North US29, the community is willing to give up a lane on US29 for bus only access.  Since the jury is clearly still out regarding BRT, should we be planning this critical infrastructure piece with the station as the center?image

In addition, the long term connectivity plan calls for roads to cut through Fashion Square Mall to connect to a new access road paralleling US29 and a pedestrian/bike bridge over US29 and that’s just the Southeast corner of the plan.

The long term vision will require significant amounts of private property to be acquired, perhaps via eminent domain. Interestingly, the plan calls for roads to run through commercial development but deftly avoids any residential areas (where voters live).image

The Rio29 Design Concepts – Final Draft Open House also includes a number of Transformative Projects.  Broken down into three categories (Short, Mid and Long term) we have not yet seen any cost projections for the projects but we fully anticipate they will be costly.

In announcing the Open House, Albemarle County was very clear in their intent:

Each topic will have its own station where attendees can provide feedback on the designs. Feedback will be shared with the Board of Supervisors and Planning Commission as they consider incorporating these final draft designs into the County’s Comprehensive Plan.

The design concepts were developed with feedback from the community over the past 2 years. If endorsed by the Board, these concepts will be incorporated into Small Area Plan document that will be adopted as part of the Comprehensive Plan

 

Much like the climatic dogfight in Top Gun, The Free Enterprise Forum is pleading with the citizens, businesses and property owners to re-engage in the small are planning process.  Absent all voices, the plan that moves fSee the source imageorward may not be the “community vision” for the future.

On August 9th, despite the fact that many will be focused on the upcoming anniversary, I hope the ENTIRE Rio/29 Community will re-engage, only then as a community can we move the shared vision forward.

Respectfully Submitted,

 

Neil Williamson

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

Photo Credits: Albemarle County, minnesota.cbslocal.com, Paramount Pictures

Egotistical Entrance Corridor Expansion Effort

By. Neil Williamson, President

Perhaps unsurprisingly, there are times when local public policy fails to follow logic.

When we learned in January the 1/3 Albemarle’s Entrance Corridors (EC) are Illegal, the Free Enterprise Forum was convinced Albemarle County supervisors would do the right thing to correct this code by reducing the number of roads designated as “Entrance Corridors”.  Imagine our shock to learn that this week, the Supervisors have a Resolution of Intent (on the consent agenda) to ADD a twenty-second road to the bloated EC list.

Please let me explain.

Late last year, according to a member of county staff, during a routine preapplication meeting, a question came up regarding the posted speed limit on the entrance corridor.  Staff researched the issue and determined both the speed limit and that the roadway was not an “arterial street”.

Virginia Code §15.2-2306 enables localities to establish entrance corridor districts encompassing parcels contiguous to arterial streets and highways found to be significant routes of tourist access to the county and to designated historic landmarks, structures, or districts within the county

This revelation, led staff to research each of the current twenty-one entrance corridor designated roadways and found eight did not meet the state “arterial” requirement.

To their credit, staff prepared a resolution of intent for the Board of Supervisors to consider in their February 7th meeting.  The purpose of this resolution is to revise the Entrance Corridor Ordinance removing those roadways that do not qualify as arterials.

In the first action of the February 7th meeting, Board Chair Ann Mallek asked that the Resolution of Intent be removed from the consent agenda:

so some technical items can be worked out before it is brought back for further discussion.

Despite multiple requests of staff and supervisors, we have not received any update regarding these “technical issues”.

As of last month, the staff indicates they are not enforcing entrance corridor regulations on those roads that do not meet the state definition of “arterial” roads.  This is not a fix, it is a band aid.

Meanwhile in February, the Planning Commission was flummoxed by its inability to mandate architectural review on proposed changes to City Church on West Rio Road.  Therefore they passed a resolution of Intent to bring West Rio Road/John Warner Parkway as the twenty second road on the bloated list of “Entrance Corridors”.  This is the true origin of the Resolution of Intent the Supervisors have on their consent agenda this week.

The Free Enterprise Forum believes any changes to the Entrance Corridors MUST FIRST fix the illegal Entrance Corridors – If not, we are left to ask

How long will Albemarle choose to ignore the law?

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: vancouver.mediacoop.ca

Albemarle Answers Rain Tax Questions (Part II)

By. Neil Williamson, President

PrintIn preparation for an April 11th work session, Albemarle County has released a set of answers to Frequently Asked Questions (FAQ’s) regarding their proposed Stormwater Utility Fee (AKA RAIN TAX).  Generally, we support good information getting out to the public on such an important issue.  Unfortunately there was some clear political spin to some of the answers – not untruths, but spin.  This is the second in a series of blog posts to unpack the answers.

Today’s question ‘Why has a stormwater utility been recommended as the funding mechanism?’

Albemarle’s FAQ’s response:

A stormwater utility has the following advantages:

· Fairness – A utility fee based on a property’s impervious area more closely relates to the demand a property places on the stormwater system and on water resource protection efforts than its real estate property value. For that reason, a utility is considered a fairer way to allocate total program costs to individual properties.

· Stability – A utility will result in a dependable and steady revenue stream that grows with the community; this stability will allow for long-term program development and planning for capital investments.

· Regulatory preference – A dedicated funding source is preferred by federal and state regulators and would create advantages for the County when being audited or applying for grants.

· Wider funding base – Government- and tax-exempt- properties – charged under a utility but not charged taxes – contribute to the stormwater and pollution burden.

So we have four advantages to unpack: Fairness, Stability, Regulatory Preference and a wider funding base.

Fairness is a bit difficult to measure but let’s fist look at the current funding mchanism.  Today, all county taxpayers contribute $.007 of the property tax rate is dedicated to stormwater.

This cost allocation system is the same for schools, public safety, and most other government functions.  Suggesting a user fee is a very different concept.  Imagine if this was how we funded schools, the couple across the street do not have any children, why should they pay for schools?

Is the current funding mechanism ‘fair’?

Albemarle’s FAQs suggest that the proposed rain tax impervious surface calculation more closely relates to the demands placed on the system is a challenge as well.  Nothing in the calculation considers property context.

Consider the Google maps captures below:

White hall google map sugar hollow rdRolkin Road Google maps

The capture on the left is in the White Hall District in Sugar Hollow surrounded by forested lands, the photo on the right is Rolkin Road on Pantops, ignoring the variation in the amount of impervious surface in each photo, does using the same billing unit for these two instances the same make logical sense?   Which photo has more impact on Albemarle County’s stormwater infrastructure?  The home in the rural countryside or the urban ring townhouse?

Albemarle County FAQs indicate the proposed rain tax will result in a steady revenue stream that grows with the community.  The only thing stopping this from happening under the existing funding system is political will of 4 supervisors (the number needed for action).  Such political will has existed in recent years, evidenced by the $.007 dedicated to storm water in the current budget.

Albemarle FAQs suggest the proposed rain tax was selected because of a “Regulatory Preference” and that the proposed rain tax will ‘create advantages when audited or applying for grants’.  The Free Enterprise Forum wishes to be perfectly clear – the proposed rain tax is NOT mandated by any governmental agency.  Among regulators some preference may exist but the regulation relates to the projects not how the projects are funded. Albemarle can say “no” to the proposed rain tax and have a very successful stormwater program.

The last bullet ‘wider funding base’ is perhaps the most jarring. Government and tax exempt properties may be charged under the proposed rain tax but not charged taxes.  This means Albemarle County will have to pay the proposed rain tax on all of their properties (including schools), these funds will come out of the general fund creating a need for more tax dollars to pay for those costs.

In addition, rural churches, often with impervious gravel parking lots will need to spend hundreds of dollars annually either through higher contributions or by cutting ministries in the community.

PrintThe proposed rain tax is not a fair allocation of costs as it does not consider parcel context in its calculations.  Stormwater management is not a utility it is a public service.  The costs should be shared via the general fund not the proposed rain tax.

Respectfully Submitted,

Neil Williamson, President

Photo Credits: Google (accessed 3/19/18)

 

 

 

 

 

Over 1/3 of Albemarle’s Entrance Corridors Are Illegal

By. Neil Williamson, President

On January 16th, 2018, both the Albemarle County Architectural Review Board (ARB) and Planning Commission went into to closed sessions “to be briefed by legal counsel related to a zoning overlay district”  — we now know what that was about.

The Free Enterprise Forum has learned that eight of Albemarle County twenty-one Entrance Corridors fail to meet the state requirements for such designation.  Some of these have been in violation since inception in 1990.  This revelation, made by staff, calls into question the legality and enforceability of any ARB conditions placed on properties along the eight illegal entrance corridors.

First a little background:

On October 3, 1990 Albemarle County held a public hearing on the proposed Entrance Corridor Guidelines [and the Architectural Review Board].  In that hearing, Mr. Andrew Dracopoli raised concerns about the proposed ordinance:

“is concerned that the ordinance has “sprouted wings”.  It seems like almost every road in the County has become a part of this ordinance whereas when it originally came up, it had only five or six roads.  He would like to see it scaled back to just major roads.”

Today, almost 28 years later, Mr. Dracopoli is proven correct.

According to county staff, during a routine preapplication meeting, a question came up regarding the posted speed limit on the entrance corridor.  Staff researched the issue and determined both the speed limit and that the roadway was not an “arterial street”.

Virginia Code §15.2-2306 enables localities to establish entrance corridor districts encompassing parcels contiguous to arterial streets and highways found to be significant routes of tourist access to the county and to designated historic landmarks, structures, or districts within the county

This revelation, led staff to research each of the current twenty-one entrance corridor designated roadways and found eight did not meet the state “arterial” requirement.

To their credit, staff has prepared a resolution of intent the Board of Supervisors will consider in their February 7th meeting.  The purpose of this resolution is to revise the Entrance Corridor Ordinance removing those roadways that do not qualify as arterials.  The following roadways will no longer be under ARB jurisdiction (nor ever should have been)

Non-Arterial Corridors: Avon St Ext (Rt.742), Barracks Rd (Rt.654), Irish Rd (Rt. 6), Thomas Jefferson Parkway (Rt.53)

Corridors with mixed classifications:5th St and Old Lynchburg Rd (RT. 631), Louisa Rd (Rt.22), Richmond Rd (Rt.250), Stoney Point Rd (Rt. 20)

The Free Enterprise Forum has written extensively about overreach at the ARB – including our 27 page report:  Eye of the Beholder – Albemarle County’s Architectural Review Board’s Mission Creep. While we understand the goals and objectives of the ARB and the Entrance Corridors, we believe Albemarle has, since 1990, vastly exceeded the intentions of the enabling legislation.

Today we see many positive signs as Albemarle staff is looking to do the right thing by repealing the illegal designations.  Perhaps now, as a community, we can look to limiting ARB purview to the five or six roads Mr. Dracopoli mentioned in his 1990 testimony.

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: vancouver.mediacoop.ca

 

Albemarle’s $52 Million Rain Tax Department

By. Neil Williamson, President

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

Please let me explain.

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

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

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

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

phosphorus  68%

nitrogen 99%

sediment 137%

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

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

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

image

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

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

Respectfully Submitted,

Neil Williamson

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

Photo Credits: giphy.com, Albemarle County