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.
This is not about health, safety or welfare; if this is your interest fixing the road would do the trick.
The data does not support banning through trucks. These roads were paid for by public dollars and all have a right to use them.
The Free Enterprise Forum asks you to follow the direction of the Commonwealth Transportation Board and affirm the right of all legal vehicles to use public roads.
This is what we will argue to the CTB, or the Commissioner should you choose to recommend this NIMBY 2.0 regulation.
Thank you for the opportunity to speak.
Neil Williamson
Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and Nelson County.
VDOT Updates Greene Supervisors
By Brent Wilson, Field Officer
Normally, Virginia Department of Transportation (VDOT) Residency Administrator Joel 
Denunzio provides the Greene County Board of Supervisors update. In the October 9th meeting, Deputy Administrator Ed Nicholas filled in for Denunzio to give the report.
Nicholas indicated the recent flooding events, especially in Madison and Stanardsville, have been a challenge to address across the district and that also delayed the normal mowing schedule. He also addressed specific problems starting with South River on either side of Route 230 (Wolftown Road). In order to redirect the river on the west side of Route 230 back to where it had previously flowed, they are working with the property owner to develop a solution. Once the solution has been fully engineered, an environmental permit will be required before they, or the property owner, can commence with this work.
South River Road
Prior to the Nicholas’ presentation, a young man and his mother spoke during ‘Matters From The Public’ and the youth addressed the South River Road flooding and its impacts on his life. Chair Michelle Flynn (Ruckersville) asked Nicholas if VDOT could try to contact the young man and show he and his mother what is planned.
Also to be accomplished this week is to work on final grading and seeding on Route 33 near the Shenandoah National Park. In addition, in the next two weeks the VDOT property at the intersection of Route 33 and the Route 33 bypass will be cleared of debris, have dirt spread and it will be reseeded.
Supervisor Bill Martin (Stanardsville) mentioned to Nicholas that Greene County is reaching out to Washington, Richmond and the Army Corps of Engineers to ask for guidance/help on how to go forward with modifying the flow of several rivers in the county to minimize the impact to roadways. Martin asked that VDOT participate in these discussions.
Supervisor David Cox (Monroe) asked Nicholas what the priorities were on paving/patching the secondary roads in the county that have not yet been completed due to flooding. Especially Route 674 – Parker Mountain Road which is a 2 mile long stretch has a great many potholes and it needs to be addressed. Nicholas assured Cox that VDOT would address this road and any roadway that is a safety issue.
Flynn brought up the final issue for VDOT asking when will Preddy Creek Road going away from Sheetz be addressed? The roadway continues to degrade and patching doesn’t seem to resolve the problem. Nicholas indicated that he would research the problem and reply with a timetable to address the issue.
Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization. The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you. To support this important work please donate online at http://www.freeenterpriseforum.org
Fluvanna Supervisors Hear Property Assessment Results
By. Bryan Rothamel, Field Officer
Last week, (10/3) the Fluvanna County Board of Supervisors were briefed on the latest mass appraisal of real property performed. The City of Fargo has a concise definition of this process:
Mass appraisal is the systematic appraisal of groups of properties as of a given date using standardized procedures and statistical testing. This differs from single-property appraisal, commonly referred to as “fee” or “bank” appraisal, which normally deals with only a particular property as of a given date.
Pearson’s Appraisal Service performed an appraisal this year, the first by the company in Fluvanna. Overall, the county saw an average increase of 4.7 percent increase across the county limits. However, inside Lake Monticello only increased 3.4 percent.
Representative from Pearson explained all assessment decisions were based on data from sales.
Lake Monticello vacant land had a decrease in assessment by 15 to 20 percent. Because the subdivision is nearly built out, most undeveloped property is not desirable.
The public utility infrastructure was also reassessed and goes effective immediately. The Commissioner of Revenue estimates that will bring in $83,000 of additional revenue. Those funds will increase the FY19 collection.
Notices of new tax values will be mailed to all land owners and Pearson will be available to discuss the new assessment.
Also at the October 3 Board of Supervisors meeting, supervisors approved two change orders to complete the E911 radio project. The last two changes needed an additional $26,500. 
The county’s animal shelter services are handled by Fluvanna SPCA. Despite the county only contributing for 50 percent of the operational costs, the county’s shelter takes up 75 percent of the FSPCA. To help alleviate some funding issues, supervisors approved a supplement of $35,000.
FSPCA and the county operate on a contract services. In future years, FSPCA will present a budget that supervisors can go over with FSPCA officials during the budget season.
Supervisors approved creating an employee ladder system in the E911 operations center. The FY19 fiscal impact was $10,000. Over the last few years county administration has worked at creating mobility options in the organization chart of departments to allow employees to get promoted. Previously employees would have to either wait to become a department head or leave for a bigger organization with a larger chart to fill.
Supervisors will next meet on October 17 at 7 p.m.
The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS® and by the support of readers like you.
Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum
Photo Credit: Fluvanna SPCA
The Hindsight Report Back in the News
The Free Enterprise Forum’s 2017 ‘Hindsight’ Report was mentioned in Allison Wrabel’s Daily Progress article this morning.
For context, we are reposting our original post on the topic. The Free Enterprise Forum welcomes the community discussion of the agreement.
By. Neil Williamson, President
Often the most enlightening questions start with, “What if?”
Working with co-author Derek Bedarf, we looked at developing empirical data to answer the question, “What if Charlottesville’s annexation was successful compared with the results of the negotiated Revenue Sharing Agreement?”
After significant research and deliberation, it was determined that this information was available but not assembled in a manner that made such calculations easy. Utilizing Geographic Information System (GIS) technology for the real estate assessment data and 15 years of Albemarle County budget documents for the other taxes (sales taxes, consumer utility taxes, business taxes, motor vehicle licenses and prepared food and beverage taxes. Other taxes excluded from this study, for a variety of reasons, include utility consumption tax, short term rental tax, clerk fees, transient occupancy tax, penalties interest, and audit revenues), The Free Enterprise Forum calculated the tax revenue generating power of the study area.
The resulting “Hindsight Report” examines the tax generating power of the proposed annexation area as it compares with the revenue sharing payments.
- The Hindsight Report indicates that over the study period (2001-2016), Albemarle County received, from the study area, over $277 million in local tax revenue compared with the $212.9 million revenue sharing payments made to the City of Charlottesville (+$64.1 million).
- Had Charlottesville been successful in the annexation and the revenue sharing agreement not been in place, the City would have received $304.7 million in tax revenue from the study area during the study period compared with $212.9 million in revenue sharing payments from Albemarle County (-$91.8 million).
- During the study period, study area property owners paid $72 million less in real estate taxes by being in Albemarle instead of the City of Charlottesville. This “Non-Annexation” Dividend averaged saved (Albemarle) property owners between $3 million and $4 million annually topping out at $6 million in 2007.
The question the data does not answer is whether the Revenue Sharing Agreement was a good deal for all involved. This is a subjective question that can only be answered in context.
At the time, the historical record suggests annexation was a very real threat and revenue sharing negotiations were heated.
The historical public record also shows many citizens at the public hearing raising some of the same questions regarding equity and fairness that remain part of the discussion today.
Was it a good deal?
Hopefully this data will help you decide.
The Albemarle County Board of Supervisors is scheduled to discuss the Revenue Sharing agreement during their second August meeting on Wednesday August 9th.
Founded in 2003, The Free Enterprise Forum is a privately funded, public policy organization focused on Central Virginia’s local governments.
The entire Hindsight Report can be accessed at www.freeenterprisefoum.org under the reports tab.
Respectfully Submitted,
Neil Williamson, President
Neil Williamson is the President of The Free Enterprise Forum, a privately funded public policy organization covering the City of Charlottesville as well as Albemarle, Greene, Fluvanna, Louisa and Nelson County.
Fluvanna Supervisors Record Setting Non-Meeting
By. Bryan Rothamel, Field Officer
Yesterday, the Fluvanna County Board of Supervisors set a new record for inaction and meeting 
time because legally they couldn’t do anything but two motions.
The Sept. 5 meeting lasted all of a minute or two because a quorum was not met. Patricia Eager (Palmyra District) and Don Weaver (Cunningham District) were present. Vice chairperson Mozell Booker (Fork Union District) had previously announced she would be absent. Chairperson Mike Sheridan (Columbia District) and Tony O’Brien (Rivanna District) were not present.
The meeting was scheduled to start at 4 p.m. but was in a 45-minute holding pattern while the crowd mainly of staff or school officials waited for a quorum to be met. At 4:47 p.m. county administrator Steve Nichols announced the meeting was canceled because an unnamed third supervisor could make it, but in an hour — two hours after the meeting was scheduled to start.
County attorney Fred Payne announced a board of less than a quorum could only do two motions: defer the agenda and adjourn. With that, Nichols called the meeting to order in absence of the chair and vice chair people.
He asked if there was a motion to defer and adjourn. Weaver responded he would make that motion. Eager seconded. Nichols called for a vote and it carried unanimously.
The two supervisors then went to meet privately with the county attorney and administrator. Legally, supervisors can meet in groups of less than a quorum to discuss business without violating the open meeting laws. Once a quorum is met, it has to follow normal meeting procedures.
As Weaver and Eager left, Weaver said, “just two of us”, a reference to the gathering not being an official meeting.
Action that was deferred was BOS meeting dates change, library assistant position reclassification, E-911 grant, capital reserve maintenance fund supplemental appropriation, and the consent agenda.
Any item with a time sensitivity that waiting until Sept. 19 will not be feasible will have staff action. On Sept. 19 the board will have to ratify that action. It isn’t an ideal practice and is used sparingly.
But here’s what would’ve happened, had the meeting had a third supervisor:
The big ticket item that was the grant from the Virginia Information Technologies Agency. The $246,000 grant was awarded to Fluvanna to replace voice logging software and other E-911 equipment.
The state would pay for installation and increase contract costs for 24 months. Estimated increase in the contract is $12,000 a year. There is no local match required for the grant besides the county assuming the additional costs in month 25. The county previously received this grant in FY13 and FY14. Estimated deployment of the new equipment is the first half of 2020.
Another big issue was a supplemental appropriation of the capital reserve maintenance fund. This was connected to the unspent middle school funds from last meeting. FCPS is requesting $72,000 for abatement of an unusable classroom in the Abrams building.
County staff has gone through unused CIP allocated funds to see what could be transferred or returned to unassigned in the fund balance, the county savings. Staff found $138,000 of projects that could be moved to the Capital Reserve Maintenance Fund.
Those projects included are a no longer needed hydrogeological study, Carysbrook roof that was repaired instead of replaced, unspent funds of a completed courthouse fire detection system, and unspent funds of a completed courthouse lighting and control system.
A fifth project, building envelope renewal and repair, was reduced in scope or completed in other projects. It had a remaining balance of $120,000. Some of the project was for the historic courthouse that needs additional work of shutter repair, column restoration and painting all exterior trim. That $120,000 was requested to go towards work at the John Hartwell Cooke designed building.
The BOS meeting date change would push back the January 2019 meetings to the second and fourth Wednesdays of the month instead of first and third. The first Wednesday is January 2.
The reclassification of library assistant was to elevate the position to alleviate work from the library director. Currently all employees that work at the library report to the director. Elevating the position would allow a tier setup with chances for promotion. In the tier, only the assistants would directly report to the director. Other positions would report to the assistants.
But none of these happened. The supervisors will try again on September 19 at 7 p.m. Bring snacks.
The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS® and by the support of readers like you.
Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum
Photo Credit: PerrysburgRotary.org
Greene County Recommends Water Fee Change
By. Brent Wilson Field Officer
The short story is monthly water bills are increasing in Greene County.
The longer story requires understanding the political workings and billing rationale of the Rapidan Service Authority (RSA).
Statutorily, the RSA Board, not the Board of Supervisors, set the rates for water and sewer. Politically, the members of the RSA Board include two members from each locality (Greene, Madison, Orange) who are appointed by their respective Board of Supervisors for four year terms. Thus, the RSA Board generally does whatever the locality asks.
Currently, RSA charges a Facility Fee of $20 per month for each water hook up. This results in a single family residence paying the same as a larger commercial establishment (Restaurant, Retail, Hotel, etc.) – regardless how much water each consumes.
Brenda Garton
When an account establishes new RSA water service, a determination is made regarding the anticipated water use of the account and the “hook up fee” is calculated based upon the anticipated use/dwelling unit use. In most cases, commercial users pay a multiple of the Dwelling Unit (EDU) dependent on use. A restaurant may require 5 EDUs, while a chiropractor’s office is only 2 EDUs. Each year, annual water consumption is audited to determine if the proper EDUs have been collected.
At the September 28th Greene County Board of Supervisors meeting Interim County Administrator Brenda Garton, proposed having the commercial users be charged facility fees based on how many EDUs are purchased for each location in order to make the facility charge more equitable to consumption.
Further, Garton recommended that the Greene Supervisors request RSA to increase the Facility Fee to $30 effective July 1, 2019. Chairperson Michelle Flynn (Ruckersville) agreed that both issues should be acted upon and forwarded to RSA so that RSA can act upon them at the same time.
Michelle Flynn
Flynn asked Garton how quickly RSA would be able to make both changes. Garton estimated 2-3 months as the soonest but felt they would be accomplished by January/February, 2019 at the latest.
Flynn wanted to be sure to have ample time to publish the increase to give the public plenty of notice of the increased fees even though this issue has been discussed for months. Supervisor Bill Martin (Stanardsville) credited Garton with getting this project back on track and that the increased revenue will go to paying for existing and future debt of the water project.
Garton stated that RSA will have to have a public hearing to approve the two rate changes proposed.
Supervisor Dale Herring had a final question – the revised fees only apply to water – not sewer? Garton confirmed that this was the case. The board unanimously approved that a resolution be sent to RSA.
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
Photo Credit: Greene County
VDOT Briefs Greene Supervisors
By. Brent Wilson, Field Officer
Joel Denunzio
Earlier this month, Joel Denunzio, Virginia Department of Transportation (VDOT) Resident Administrator for Greene County, gave the Greene County Board of Supervisors supervisors his quarterly update
DeNunzio started by explaining that the resurfacing/repaving schedule has been purposely delayed in Greene County due to all of the rain in the past several months. However, he assured the supervisors that the work will be done starting late summer and continuing into fall. The main projects will be Mathew Mills Road and Preddy Creek Road.
In terms of the status of roadways from all the rain/flooding, DeNunzio stated that as of August 14th, approximately 55% of the damage has been corrected. To quantify the work that has been done, he explained that 25,000 tons of stone have been on the roads in Greene County. Of that amount, 12,000 tons were used on Bull Yearling Road. Over the last few months an average of 25 trucks per day have been used to distribute the rock throughout the county.
Route 33 West Greene County
DeNunzio updated the process on some specific projects. The Haneytown Road bridge project is now scheduled for February, 2019. Route 33 West has some failures and the preliminary plan is to place wire mesh around a boulder close to the roadway and then secure it by drilling into the ground by September this year.
The Route 29/33 project has approved the Moore Road intersection and the dual right turn lanes at the 29/33 intersection have been approved.
The Supervisors complimented VDOT for their progress to date. Chairperson Michelle Flynn (Ruckersville) did request that VDOT communicate to the public the change in their schedule due to the weather. Mainly she wanted to ensure the public that the work was being rescheduled.
DeNunzio indicated he would update the VDOT website with the new schedule but also he mentioned that VirginiaRoads.org has a detailed schedule that is available for the public to access.
Brent Wilson is the Greene County Field Officer for the Free Enterprise Forum a privately funded public policy organization. The Free Enterprise Forum Field Officer program is funded by a generous grant from the Charlottesville Area Association of REALTORS® (CAAR) and by readers like you. To support this important work please donate online at http://www.freeenterpriseforum.org
Fluvanna Recoups $99K from Schools Bond
By. Bryan Rothamel, Field Officer
The Fluvanna County Board of Supervisors are taking $99,000 of unspent middle school bond funds to reimburse the general fund.
In 2015, the board approved a Capital Improvements Plan project for $5.1 million for work being done at the middle school. But some of the projects approved were completed by Trane, the company who completed the energy performance contract. That left $99,000 of the school bond unspent. Bond counsel advised the supervisors could allocate the $99,000 to other work at the middle school, if desired.
The Board of Supervisors instead voted the second option the counsel offered, to take the $99,000 and reimburse itself for interest paid on the bond. That moves the money to the county savings, known as the general fund or fund balance.
While the book procedure is ‘repaying the interest,’ the $99,000 is in the unrestricted fund balance. And the supervisors can use the unrestricted fund balance as it desires.
Chuck Winkler
School administrators have found a project more pressing than any other project the middle school needs. The S.C. Abrams building has gone through partial remediation for asbestos and mold. There are currently rooms that are unable to be used because of needed additional abatement.
“The [Abrams project] request is my top priority,” said superintendent Chuck Winkler.
The proposed projects at the middle school included flooring replacement in office and library and creation of a security vestibule.
“These other items are priority but they can come through the years,” said Winkler. He also mentioned items like the security vestibule could be available for grant funding.
Per bond counsel, the supervisors could only decide to do additional projects or reimburse the county. At a future meeting the supervisors can vote to expend the general fund as they see fit.
Other items the board approved during their August meeting included a Dominion Energy substation, authorization for a conditional use permit, and a budget transfer.
Dominion received approval for a substation in the Bremo Bluff area. The property is off of Route 15 and consists of 27 acres. High wires already cross over the land the substation will be built.
The authorization for conditional use permit is for Fluvanna County to apply for the permit in Louisa County. It is in regards to the Zion Crossroads water system because two properties that are affected are in Louisa. The friendly neighbors have waived the fees for the permit.
The facilities budget for FY18 was overspent by $75,000. Reasons were from several projects including reconfiguration of the Sheriff’s Office, ADA ramps at the Treasurer and Commissioner of Revenue’s building, excess HVAC repairs and more.
The facilities budget is under the purview of the Director of Public Works. Three other budgets he oversees were under budget by $78,000. They included public works, general services and convenience center.
The supervisors will next meet on September 5 at 4 p.m.
The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS® and by the support of readers like you.
Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum
Photo Credit: Fluvanna County Public Schools
New Meals Tax on the Fluvanna Menu
By. Bryan Rothamel, Field Officer
The Fluvanna County voters will decide if the county adds a meals tax in 2019.
The supervisors unanimously voted to send the issue to the people. Staff and the county attorney will ask the circuit judge to include the measure on the November ballot.
“This is [a tax] opportunity we can take advantage of,” said county Director of Community and Economic Development Jason Smith.
Fluvanna currently only taxes residents by assessing personal property and real property. But non-residents don’t pay any taxes beyond the county’s portion of the state sales tax.
“Every time we go to all the towns, cities, counties [that charge meals tax] we help pay their taxes,” said Board of Supervisors Chairman Mike Sheridan (Columbia District).
There are currently 47 of the 95 counties in Virginia with a meals tax, including neighboring Louisa. Counties have the requirement of a referendum to enact the tax. Also, counties limited to charge a maximum of 4 percent. Only one county that has a meals tax does not charge the maximum.
Towns and cities are not required to have a referendum to enact the tax. There are 110 towns with the tax and all 38 cities have it.
If the referendum fails, the county supervisors can not bring it back to the voters for three years. County residents can petition to include a meals tax vote every year. Staff relayed it took Louisa three tries over nine years to get the measure passed.
“[The meals tax] helps us keep from having one of the highest [real property] tax rates in the area,” said Supervisor Tony O’Brien (Rivanna District).
The meals tax would be applied to any business that prepares food that is meant to be consumed immediately. This would include a grocery store that sells prepared food to restaurants to caterers operating in the county when the food is served. Caterers that prepare food in Fluvanna to be sold in another locality would pay taxes to the locality where the product is sold.
Businesses would be required to submit tax forms every month to the Commissioner of Revenue.
Staff projects based on the county size and the estimated 21 impacted businesses in operation, Fluvanna will bring in $300,000 to $600,000 a year.
If approved by the circuit judge, the item will be on the November 6 ballot. Staff has mapped out an education campaign to help get the item passed on the first try. Ideas include town halls and marketing.
The Free Enterprise Forum’s coverage of Fluvanna County is provided by a grant from the Charlottesville Area Association of REALTORS® and by the support of readers like you.
Bryan Rothamel covers Fluvanna County for the Free Enterprise Forum
Photo Credit: https://tax.thomsonreuters.com/
Greene Supervisors Don’t Budge on Request to Lower Proffers
By. Brent Wilson, Field Officer
On Tuesday(7/24), in a largely predictable move, the Greene County Board of Supervisors chose to retain the original cash proffer amounts on a proposed development located slightly Northwest of the intersection of 607 and US29 (Sheetz). in Ruckersville.
Virginia’s Department of Housing and Community Development defines a Cash Proffer as:
A cash proffer is (a)any money voluntarily proffered in a writing signed by the owner of property subject to rezoning, submitted as part of a rezoning application and accepted by a locality pursuant to the authority granted by Va. Code Ann. Section 15.2-2303 or Section 15.2-2298, or (b) any payment of money made pursuant to a development agreement entered into under authority granted by Va. Code Ann. Section 15.2-2303.1.
The Free Enterprise Forum has been a steadfast opponent of the cash proffer system. 
At the May, 2018 meeting the Greene Planning Commission agreed to lower the proffer for a 2008 Planned Unit Development from $9,000 to $1,200. Of course, the Planning Commission only makes a recommendation to the Board of Supervisors.
At the July 24th Board of Supervisors meeting the Board heard the request from the Kinvara Properties, LLC to reduce the amount of proffers for the 50 units proposed for the property. This calculates to a reduction in proffers of $390,000.
The new zoning administrator, Jim Frydl, outlined the public hearing which is about the property between the Food Lion development and Deer Lake Estates. And specifically, the public hearing was to deal with the request to amend the amount of proffers.
Butch Davies represented Kinvara Properties and explained that the company his client is negotiating with doesn’t believe they can pass on the cost of the $9,000 proffer in their price to the customer. In addition he explained that the economy has changed since the proffer was originally agreed to. He also believes that Greene County needs affordable housing for the workforce.
The meeting next shifted to comments from the public which all that addressed the board felt that the county should not change the proffer agreement that was originally made. Many felt that the county shouldn’t lower the proffers as it would set a precedent that would encourage other developers to request lower proffers also. One speaker from the public also shared that his work age children are just starting out in the workforce but their incomes are too high and they would not be eligible for the units in this project. So, in fact, the units are not “affordable housing for the workforce”.
The irony of the concern of setting a precedent by lowering the proffer is that the state has developed new proffer guidelines which are designed to more accurately capture new government costs that are specifically generated by the development. Therefore future proffers will likely be significantly reduced for new projects. So, in fact, the lowering of the proffer amount for this request would not set a precedent for future considerations (but might for the limited number of other unbuilt projects with existing proffers).
The consensus of the Board was that the original proffer agreement needs to be honored since it was freely agreed to by both parties. In fact the feeling is that the economy has improved recently. However, the concern that Kinvara Properties expressed at the Planning Commission meeting was that property wasn’t marketable with the full $9,000 proffer.
Based on this economic reality, the property will probably remain undeveloped with the current proffer burden until the market reaches a point where the project can sustain such costs or the parcel is again rezoned (with lower proffers). In either case the community’s vision as expressed in the Comprehensive Plan for affordable residential development in the Ruckersville development area is a dream deferred.
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
