Venture Richmond and Taxes and Leases…

Oregon Hill neighbors continue to investigate the private, non-profit Venture Richmond. What they are finding may be of interest to all Richmond citizens.

Venture Richmond is (allegedly) leasing the city property at Brown’s Island and the city property at ‘Tredegar Green’ each for $1/ year. The wording of the lease obligates Venture Richmond to pay to the city an amount equal to the city real estate taxes unless exempted. Even if exempted, Venture Richmond is obligated to pay to the city the city real estate taxes that would accrue by any sub-lessee, such as an entity sub-leasing the canal boat concession.

The city’s Finance Department has confirmed that they have no documents relating to the payment of these real estate taxes by Venture Richmond for the Brown’s Island or Tredegar Green leases nor do they have any documents relating to an exemption. The Finance Department has been in contact with the City Attorney on the issue. The real estate taxes for Brown’s Island alone would be over $70,000 per year. This appears to be similar to the situation encountered with the Redskins Training Camp deal:

“In a statement, city spokeswoman Tammy Hawley said the finance department was unaware that Bon Secours required an invoice to meet the payment as the terms were set in the signed agreement.”

This comes at the same time that Venture Richmond has applied to City Council for an exemption from real estate taxes for the property owned by Venture Richmond at Tredegar Green. The catch is that Venture Richmond is making this application for exemption during a moratorium on exemptions by designation. They are in fact seeking an exemption from the moratorium on exemptions. The assessor’s committee that examined Venture Richmond’s application for exemption unanimously rejected the application over a year ago, citing, among other issues, the high salary of Venture Richmond employees. Collectively the top four employees of Venture Richmond make over $640,000 annually.

It is even questionable if Venture Richmond has a valid lease on the city Tredegar Green property. State code requires that any city lease with a term of five years or more to be put up for bids. The City Clerk could provide no documentation that the Tredegar Green lease, which is for a term of over five years in length, was ever advertised for bids (in the same vein as the recent Monroe Park situation).

This is all coming to a head next Monday, March 17, 2014, when Venture Richmond’s proposed Tredegar Green amphitheater, which would do great damage to the historic James River and Kanawha Canal, is on the agenda of the Richmond City Planning Commission. The Planning Commission is supposed to review Venture Richmond’s lease of the Tredegar Green property, when it appears that this lease may not be valid. Equally strange would be for the Planning Commission to consider this item if Venture Richmond has not honored its (alleged) lease by paying the real estate taxes or by showing an exemption.

The Oregon Hill Neighborhood Association (OHNA) has asked that the City Planning Commission exclude the city property above the canal from Venture Richmond’s proposed amphitheater because that property is not zoned for an amphitheater. OHNA also points out that the city Tredegar Green property will be the logical location for the eastern terminus of the canal when the canal is rewatered. If the property above the canal is removed from the proposed amphitheater there would be no cause to damage the historic canal.

OHNA Letter To Planning Commssion

From letter:

To the Members of the Richmond City Planning Commission,

The Richmond City Planning Commission continued Venture Richmond’s amphitheater issue to the March 3, 2014 meeting of the Planning Commission in order that new lease arrangements could be worked out for the city-owned property.

At the February 25, 2014 meeting of the Oregon Hill Neighborhood Association (OHNA), our organization voted to ask that this item be continued to a later hearing because at this late date we have yet to see any lease language, despite repeated requests. We understand that no lease was introduced at City Council on February 24, 2014.

It is of great importance that adequate time be taken to assess any new lease for the city property proposed for use by Venture Richmond’s amphitheater. The City Planning Commission should also take into consideration the fact that City Councilman Parker Agelasto has introduced a CIP budget request for re-watering the James River and Kanawha Canal, which is listed on the National Register of Historic Places.

We ask that the new lease exclude the city property above the canal. This city property above the canal is not zoned for an amphitheater. A 1990 study sponsored by Richmond Renaissance determined that this city property above the canal would be the best location for the eastern terminus and canal boat dock of the re-watered canal. Because the Tredegar Wall that was illegally demolished is slated to be soon rebuilt, the city property above the canal will not be within view of the proposed amphitheater stage. OHNA has endorsed the compromise of confining Venture Richmond’s proposed amphitheater to the property below the canal in order to minimize the adverse impacts upon the canal, the Va. War Memorial and the Oregon Hill neighborhood. This compromise was also endorsed by the editorial staff of the Richmond Times Dispatch.

We ask that the Planning Commission delay any final approval of the amphitheater plan until the reviews by the Corps of Engineers and the Va. Dept. of Historic Resources (DHR) are completed. We are concerned that Venture Richmond is threatening to withdraw from the promised Corps of Engineers and DHR reviews if Venture Richmond cannot begin work on the landscape plan for the proposed amphitheater before the reviews are completed.

We ask that the Planning Commission make it clear that it will constitute a “substantial” change to the plan if Venture Richmond removes the fill in the canal that provides the wetlands contact, which triggered the Corps of Engineers and DHR reviews. The Planning Commission and city staff have promised that the amphitheater must again be reviewed by the UDC and Planning Commission if any “substantial” changes to the amphitheater are made subsequent to the reviews by the Corps of Engineers and DHR.

The Oregon Hill Neighborhood Association would like to express our gratitude for the time and attention that the Planning Commission is devoting to this issue and for your consideration of our requests. The James River and Kanawha Canal promises to be a remarkable tourist attraction and notable feature of Richmond.

Sincerely,

Jennifer Hancock
President
Oregon Hill Neighborhood Association

The Shockoe Stadium Struggle Continues…

The Times Dispatch headline for last night’s City Council meeting was pretty triumphant, “Shockoe baseball stadium plan wins initial backing 6-3”, which may not be that surprising given the newspaper’s ties to the proponents of the controversial Shockoe Bottom stadium proposal.

But the opposition is not giving up. From the Facebook announcement:

THE STRUGGLE CONTINUES! The Defenders will be hosting a second Activists Meeting this Thursday, Feb. 27, 6:30 pm, at the William Byrd Community House, 224 So. Cherry St., RVA 23220. This will be a opportunity to network and share ideas on how to strengthen the movement against a Shockoe Bottom stadium and for a real Historic District. The Defenders will be promoting a more organized community petitioning campaign as a way to reach out to those not yet involved and encourage them to join this important struggle. Hope to see you there!

Also, the editor of this community news site has started a boycott petition, which may take on increasing importance if political options continue to fade. The boycott was also reluctantly announced at last week’s City Council Land Use and Financial Committee meetings. I say ‘reluctantly’ because the boycott was started due to failing local politics. It is open to non City residents as well.

“We, the undersigned, stand in opposition to the Mayor’s Shockoe stadium proposal. There are many reasons to oppose a stadium in Shockoe Bottom: the questionable finances of the developers’ plan, parking, traffic, leaving the best and most accessible site for baseball in the city and disrespecting the incredible history of what once was the largest slave-trading district north of New Orleans. Some of us are county residents who do not want to travel into the Bottom for a baseball game.

As long as the Shockoe stadium proposal is still a threat, from this point forward we promise to boycott the Flying Squirrels’ baseball games and other supporting businesses. This is not something we take lightly- many of us like the Flying Squirrels and recognize the harmful economic effect that this boycott will have. However, with the Mayor and proponents not allowing a referendum or citizens’ vote on the Shockoe stadium proposal, and in effect muting our political voice, we have decided it is time to exercise our economic voice.”

How many subscriptions and sales can the Flying Squirrels afford to lose before they recognize that this stadium proposal is not viable for lack of public support?

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Virginia Emancipation Proclamation Monument For Brown’s Island

This past Friday, local architect Burt Pinnock gave a public talk at the University of Richmond entitled “Race In Architecture: Can Memorialization and Development Coexist?”.

Although most of the presentation was philosophical in nature with the subtext of the raging Shockoe Bottom controversy, Mr. Pinnock did generously show some slides of VERY PRELIMINARY ideas for the proposed Virginia Emancipation Proclamation and Freedom Monument for Browns Island. These visuals showed a raised structure that would offer enclosed meditative space with slats that would allow light to come in.

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It will be interesting to see if this proposal, or the controversial ‘Tredegar Green’ amphitheater proposal, will be allowed for discussion at tonight’s Riverfront Plan forum. It’s worth noting that the Proclamation Monument proposal has not been without some controversy, and its worth remembering that Browns Island has been brought up as an alternative to the Kanawha Canal site for the proposed amphitheater.

Monroe Park VCU Sign Removed (Again)

This is all that’s left, after all the earlier controversy (see here, here, here, here, and here.

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There is speculation that this is in anticipation of more controversy in regard to Monroe Park.

City Council’s Land Use Committee will hear the presentation for the proposed Monroe Park lease on Tuesday, in Council chambers in City Hall at 3PM.

Since the proposed Monroe Park lease is for more than 5 years, according to City code, it must be advertised for bids 2 weeks before going to City Council for vote. It is scheduled for Council on February 24 yet no ads have been out. A FOIA request by a neighbor revealed the ads would run on Feb 27, 3 days after it was scheduled for a vote. It’s unclear how this will be resolved.

The 5th district meeting that was cancelled on Feb. 12 due to inclement weather has been rescheduled for Feb 20th. The proposed Monroe Park lease plan will be presented then- 6:30 at the Byrd Park roundhouse.

City Opens Emergency Shelters as Winter Storm Approaches

From email announcement:

City Opens Emergency Shelters as Winter Storm Approaches

Richmond, VA – The City of Richmond has opened two emergency shelters to assist City residents in the event power outages occur as a result of the winter storm. Residents who reside in areas where power outages are frequent during storms are advised to seek shelter now before traveling conditions deteriorate. The City’s Emergency Shelter locations are:

Linwood Holton Elementary School
1600 West Laburnum Avenue

James Blackwell Elementary School
1600 Everett Street

Residents should bring any medication, personal items and supplies that they may need. The City will provide meals and snacks to shelter attendees. Residents may also charge their medical equipment batteries and cell phones at the City shelter in the event they lose power at home. Weapons are not allowed in the City shelters. Pets are not allowed within the City shelter with the exception of service animals. Richmond Animal Care and Control (RAC&C) will staff both City shelters to accept the pets of residents attending the shelter. RAC&C advises residents that pets should be brought indoors, and if they do need to be outside, they should have adequate shelter that protects them from exposure to winter weather. Residents should call (804) 646-5123 if they need RAC&C to pick-up their pet from their residence.

“With the potential of power outages and roads possibly being blocked because of heavy snow, I urge residents who believe they have a potential to lose power to travel to a City shelter now,” said Mayor Dwight C. Jones.

The City’s Cold Weather Overflow Shelter will open tonight, February 12 and Thursday, February 13 as overnight temperatures are forecasted to remain at or below 40 degrees during this time period. The overflow shelter is located in the City’s Public Safety Building, 501 North 9th Street. The shelter entrance is the second entrance on the 9th Street side of the building closest to Leigh Street. The shelter opens at 7 p.m. and closes the following morning at 6 a.m. Shelter registration will be held from 7 p.m. to 9 p.m. Food will not be provided and pets are not allowed.

The Cold Weather Day Warming site will open tomorrow, Thursday, February 13 as daytime temperatures are forecasted to remain at or below 40 degrees during this time period. The warming site is open each day from 6 a.m. until 6 p.m. Commonwealth Catholic Charities operates the day warming site at 511 West Grace Street.

Residents in need of overnight shelter are asked to report to Commonwealth Catholic Charities Homeless Point of Entry by 5 p.m. each day for a comprehensive intake and referral to the appropriate shelter. Commonwealth Catholic Charities Homeless Point of Entry is located at 511 West Grace Street. A referral to the Cold Weather Overflow Shelter will be provided to individuals who are not eligible for an existing shelter or if all available beds have been filled. Individuals seeking access to the Overflow Shelter must have a referral.

The City’s Department of Social Services will accept Crisis Assistance applications now through March 15 at 900 East Marshall Street, Monday through Friday; from 8 a.m. to 5 p.m. Residents can also call the Fuel Line at (804) 646-7046. The department also provides emergency assistance with gas and electric disconnection notices for residents who qualify.

Elderly or residents with disabilities may also contact Senior Connections for assistance at (804) 343-3000, Monday through Friday; 9 a.m. to 5 p.m.

For up-to-date information and additional instructions from the City of Richmond during this weather event, please visit www.Richmondgov.com, follow the City on Twitter @CityRichmondVA, and stay tuned to local radio and television stations.

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Tonight’s Meetings Cancelled Due to Impending Snowstorm

From Councilperson Parker Agelasto’s office:

Dear Neighbors:

Due to the predicted weather forecast for tonight our 5th District meeting will be CANCELLED tonight. It is rescheduled for Thursday, February 20th at 6:30 p.m. at Byrd Park Roundhouse. The meeting will serve as an update on several ongoing projects within the 5th district including: an update on Richmond Public Schools from Mamie Taylor, a city stadium update, a Monroe Park discussion and an open discussion on the Shockoe Bottom Revitalization Plan. Please join us to discuss these very important issues.

Also, the MPACT meeting scheduled for Thursday, February 13th will be rescheduled for Wednesday, February 19th at 6:00 p.m. at Byrd Park Roundhouse. The Mayor’s Participation Action Communication Team (MPACT) will be meeting with representatives from code enforcement to discuss resident responsibilities in maintaining your property and alleys. They will also be sharing information on the city right of ways and easements. The Department of Public Works will also be in attendance to discuss alleyway maintenance and paving schedules. If you have any questions regarding the MPACT meetings please call Zane Robinson at 804-646-0275.

Across much of Central Virginia, total snow accumulations of 6-12 inches are most likely, while some mixed precipitation will keep amounts lower toward the east. Winds on Thursday will become 10-20 mph during the day. Additional light snow will be possible later Friday into Saturday and again on Sunday. This heavy, wet snow could knock trees and limbs into power lines and create outages. Plans and preparations are underway with the City of Richmond and Dominion Virginia Power crews are ready to respond. Please stay away from fallen wires and debris. Treat all fallen wires and anything touching them as though they are energized.

Dominion customers can use a computer or any mobile device to report power outages via the company’s website, www.dom.com. Customers also can call toll free 1-866-DOM-HELP (1-866-366-4357) to report outages or downed lines.

Sincerely,

Ida Jones
5th District Liaison

Thanks To City Council For Postponing Ordinances On ‘Tredegar Green’

From email:

Dear Honorable Members of the Richmond City Council,

I would like to express my appreciation for the postponement of the Ordinances that would grant Venture Richmond tax exemptions for its “Tredegar Green” amphitheater properties.

Venture Richmond wants exemption from all the rules. It wants to be exempt from having to bid for city contracts, to be exempt from the non-profit prohibition of engaging in substantial lobbying, to be exempt from having to answer all of the questions submitted by the Taxation by Designation Committee, to be exempt from paying real estate taxes, and even to be exempt from the moratorium on exemptions.

As you carefully consider this issue, I would like for you to understand the frustration that the Oregon Hill neighborhood has experienced in dealing with Venture Richmond, which apparently also feels exempt from treating its neighbors and George Washington’s James River and Kanawha Canal with respect. Venture Richmond wants to be exempt from the zoning requirements for its proposed amphitheater at “Tredegar Green,” to be exempt from protecting Oregon Hill and the Va. War Memorial from the noise and parking congestion of events at the amphitheater, and to be exempt from protecting the historic canal from damage so that it can again be a “blueway” westward to Maymont.

Recently Venture Richmond notified the Corps of Engineers that it may withdraw from the Section 106 review of the amphitheater project by the Va. Dept. of Historic Resources if it cannot be exempt from the holding off implementing much of the project before the review is completed.

The “Tredegar Green” amphitheater also includes city property, so it is my hope that the Richmond City Council, when drawing up a revised lease for this city property, will not exempt the significant interests of the community. The Oregon Hill Neighborhood Association and the editorial staff of the Richmond Times Dispatch have endorsed limiting the amphitheater to the properly zoned property below the canal, and this would eliminate any cause to damage the canal and protect the Oregon Hill neighborhood and the Va. War Memorial from excessive noise and parking congestion.

Thank you for your consideration of the needs of the community and for the postponement of the untimely Venture Richmond tax exemption Ordinances during the moratorium on tax exemptions by designation.

Sincerely,

Charles Pool

Venture Richmond Tax Exemption Application – Chronology of Law and Facts

Yes, more on this topic. From C. Wayne Taylor:

2014 February 08

VIA EMAIL TO:
Ms. Lou Brown Ali, Chief of Staff, lou.ali at richmondgov.com

The Honorable Mr. Baliles and Honorable City Council
City of Richmond
900 E. Broad St., Suite 200
Richmond, VA 23219 USA

Re:
Council – Venture Richmond Tax Exemption Application
Ordinances 2014-2, 2014-3, 2014-4

Dear Mr. Baliles and Members of Council,

Please make the following documents part of the official record for each of the above referenced ordinances:

Document 1:

Venture Richmond Tax Exemption Application – Chronology of Law and Facts

This document contains information for the following issues:

A. Legal issues:

01 Property does not qualify for exemption.
02 Application is for wrong property.
03 Application expired on April 8, 2013.
04 Ordinances contain substituted plat.
05 Application was incomplete.
06 Application failed to specify purpose.
07 Application failed to state how property is used.
08 Application failed to certify exclusive use of property.
09 Application failed to answer list of questions.
10 Application contained documents for wrong entity.
11 Applicant paid $242,233 annual compensation to CEO.
12 Applicant spent $32,000 for advocacy and petitions.
13 Review committee recommended against application.
14 City attorney evaluated property for “public park”.
15 City attorney declined to find property eligible.
16 Property is not zoned for use.
17 Property may be used to consume alcohol.
18 Property may be rented for profit.
19 Property may be rented for private use.
20 Ordinances do not list a specific use.
21 Ordinances list a legally unrecognized use.
22 City council does not define “cultural”.
23 Files will be inadequate for triennial review.

B. Ethical/Favoritism/Transparency Issues:

01 Ordinances requested by a city partner of applicant.
02 Ordinances introduced by the president of applicant.
03 Ordinances presented by a city partner of applicant.
04 Public does not know specific reason for delay.

Document 2:

Letter sent to City Council on February 3 2014

This letter questions compliance with the January 28 2013 application and qualification deadline and the April 8 2013 City Council action deadline.

City Council should not consider these ordinances until all the issues are resolved.

Sincerely yours,

C. Wayne Taylor, Publisher
City Hall Review LLC
CityHallReview.com

Attachments:
1 Chronology of Law and Facts 02.pdf
2 20140205 letter to council.pdf

Copy: City Clerk, Better Government Richmond, News media, Interested parties

Chronology of Law and Facts 02

20140205 letter to council

Upcoming Meetings

On Monday, February 10th, City Council will meet. Venture Richmond’s proposed tax exemption for its Tredegar Green property is supposed to be on the agenda.

On Wednesday, February 12, Councilperson Parker Agelasto will hold a 5th District meeting.

From announcement:

WHAT (Richmond, Virginia U.S.A.) – The Honorable Parker C. Agelasto, Councilman, Richmond City Council Central 5th Voter District will hold a district-wide meeting in the Richmond Central 5th Voter District. This is part of regular meetings he holds, which include information on his Richmond Central 5th Voter District goals and accomplishments; a thematic agenda of current interest; and, special guests. This meeting is free and open to the public and all Richmond Central 5th Voter District residents are invited and encouraged to attend.
The planned agenda/discussion topics for the upcoming meeting include:
· Richmond Public Schools Update
The Honorable Mamie L. Taylor, Trustee, Richmond Public Schools Board of Trustees Central 5th Voter District
· Monroe Park Discussion
Ms. Alice Massie, President, Monroe Park Conversancy
· Updates: The Honorable Parker C. Agelasto, Councilman, Richmond City Council Central 5th Voter District
– Richmond City Stadium
– Mayor’s Economic Development Plan for Shockoe Bottom and the Boulevard
· Questions, comments, ideas, suggestions and concerns

WHEN Wednesday, February 12, 2014; 6:30-8:00 p.m.

WHERE Richmond Department of Parks Recreation and Community Facilities Byrd Park Round House
600 S. Boulevard; Richmond, Virginia

On Tuesday, Feb. 18, The Public Forum on the Richmond Riverfront Plan and updates on projects such as Brown’s Island Dam Walk and Chapel Island Trail will be held, 7:00 pm at the Virginia War Memorial. This is after being snowed-out last month.

RiverfrontFeb18PublicMeeting