King Asks Governor To Reject Mayor’s Plea Without Water Rate Reform

Dear Ralph,

I have become aware that the City of Richmond Mayor Stoney is begging for more assistance from the state of Virginia in regard to the city’s utility budget. His letter, dated July 7 and signed by the nine Democratic Party members of Richmond’s delegation to the General Assembly, asks for money to pay for improvements to Richmond’s sewer system from the influx of $4.3 billion the state is to receive from the federal American Rescue Plan. Now, normally, as a king, I loathe interjecting in matters between your state and and the city or bothersome party politics, just as I know that you, as a state official, do not wish to become too involved in local city matters. That said, two things are causing this exception from normal – one, the amount of American money requested, $833 million, is rather large and meaningful; and, two, I am personally offended by how the City uses its water utility to take advantage of its own citizens, especially its most impoverished. Therefore, as the King of Oregon Hill, I am writing to ask that you give Mayor Stoney’s request more scrutiny, and perhaps even rejecting his plea altogether until certain considerations are met.

As you are already aware, the City of Richmond as well as your Commonwealth of Virginia overall, are very blessed with a plenitude of water, especially in comparison to western American states. In the past, city officials have taken this natural blessing for granted and used it to help wash away the city’s wastes, and consequently polluted the James River. Sewer overflow, as citizens have come to know it, is rightly seen far and wide as a large, embarrassing, decades-old problem that must be corrected. I give that environmental effort my royal benediction. If I felt that this matter was all this was about, I would leave this to yourself and others to freely administer.

But City officials over time abused the water wealth in other ways, and have unwisely become dependent on unfairly bilking their own constituents. I point to four problematic practices –
1) A payment line (I believe the bureaucrats refer to it as a PILOT) in the citizens’ water bills that goes straight to the City’s general fund, money that has not necessarily gone to paying for water/sewer or anything other than padding the City’s budget. The city’s PILOT surcharge on water includes a reprehensible payment in lieu of federal income tax. I will note that Paul Goldman, former chairperson of the Democratic Party of Virginia, has also called attention to this ‘rip-off’ of Richmond citizens (sans lawsuit, so far…).
2) Bad water agreements with the surrounding counties that sell the the City’s water at low, wholesale prices. Indeed, the City is charging it’s own citizens more for the water than the counties are charging theirs for the water their governments are buying from the City. These low prices for this valuable natural resource are encouraging an even more horrible waste through growing suburban sprawl in the counties, which in turn is polluting the James River even more.
3) High minimum water rates for residents. At one point in the past, the local Green Party ran a contest that would award anyone who could find a higher residential minimum water rate that was comparable to the City of Richmond’s anywhere else in the country- no one won (The City administration later lowered the rate just enough that the contest could not be run again). It is shameful that the City keeps crying poverty, creates whole public bureacracies devoted to ‘wealth building’, but still insists on high minimum rates which place an unfair burden on its poorest residents for what is a basic human need. I have heard one wealthy white resident defend this longtime practice as a way “to claw back some of the money that spent on public housing’ (for black residents).
4) The overall utility and water situation favors large corporations over residents. The utility rates in effect award large volume users while punishing poor residents. It discourages conservation. This is also reflected in other matters – for example, how Dominion Power company is allowed to release water from its coal ash ponds while discouraging other uses like micro hydropower on the James River. Again, it pains me to watch how the City not only weaponizes its water utility against its own residents, but squanders and abuses its natural blessing of water wealth. It is truly offensive and deserves repudiation.

It should be noted that citizens have tried to bring these problematic and unfair practices to the State Attorney’s attention, state representatives’ attention, the Mayor’s attention, to City Council’s attention, to the media’s attention, and to the larger populace’s attention, all with limited effect. Water rates have been brought up by mayoral and council candidates as a campaign issue, only to be forgotten or abandoned by those who win office. Reporters shrug their shoulders and tell me that Richmond uses its water utility in this manner to balance its budget, never mind how regressive it is and how it would make more sense to charge large volume users more instead of overcharging its poorest residents.

Ralph, it is widely reported that you and Terry regard Levar as a ‘rising star’ in your political party, but you should not be blind to what is important here – yes, the City needs money to repair its sewer system in order to help the environment- very much so. But keep in mind that the City has been using the sewer overflow problem as a reason to beg money from the federal and state governments for years and years. And while Richmond has undoubtedly realized many benefits from its CSO control program, the City is not doing as good as a job as it should in regard to stewarding it’s water wealth for the benefit of ALL of its citizens and the environment. And in the REAL big picture, these underlying issues will only deepen and become more exacerbated as climate change reduces the current water wealth. In your speeches, Governor, you talk about how Virginia needs to become more progressive and future-oriented. I contend Richmond’s backwardness must change in order for that to happen.

I cannot command, but I strongly recommend your office consider rejecting the Mayor’s plea until City officials, including the Mayor and City Council, publicly and sincerely promise to phase out the PILOT payment, renegotiate its county water agreements, and fully reform its utility water rate structure. Yes, the City desperately needs the money to correct the sewer overflow problem, but it must reform its water utility and water wealth management in order to have that money spent well.

While I do not have power over the Commonwealth of Virginia, I do claim sovereignty over Oregon Hill within the City of Richmond, and I feel it is my duty to look over the interests of citizens. I am hoping this letter will prevent future interventions.

Please feel free to contact me if you have any questions or concerns.

Regards,

Scott Burger
King of Oregon Hill

Dear Delegate Carr and Councilperson Lynch (Part 2),

Dear Delegate Carr and Councilperson Lynch,

I hope you all are doing well and staying healthy. I recognize that the pandemic is not over and I do believe you both should be commended for your public service during this emergency. Councilperson Lynch, I was delighted and relieved to hear that you recovered from your COVID-19 infection. Congratulations to you and your family!

I am writing for two reasons.

One is to follow up on an earlier request for information and attention for the implementation of ranked choice voting. My understanding is that Governor Northam’s budget provides $16.7 million GF in FY 2021 to support and replace the Virginia Election and Registration Information System (VERIS) with more modern systems that must be compatible with RCV ballots. I appreciated your earlier reply but with the replacement of VERIS becoming more viable and the dismissal of the previous City Registrar, I am hoping to hear more on this now.

Secondly, and somewhat related, I was intrigued when I read that Richmond City Council’s Governmental Operations Committee is expected to begin reviewing the city charter, or constitution, for potential amendments.
As you know, this is important as the city charter is Richmond’s governing document and lays out how the local government should function. It also outlines the rules and expectations for elected officials.

In addition to advocating for ranked choice voting as a board member for FairVoteVirginia.org, I am also a supporter of www.MoveToAmend.org, a national group dedicated to amending the federal constitution in order to establish that corporations are not people and that money is not speech. While there is certainly a lot happening on the national level with Congressional Representative Pramila Jayapal’s introduction of the The We the People Amendment, I am very much interested in seeing complimentary local and state level actions.

I will note that the City of Charlottesville’s City Council passed a resolution in support of a federal constitutional amendment back in 2012. Councilperson Lynch, you may remember that I asked specifically if you would introduce and support a similar resolution to Richmond City Council back when you first ran for your seat, and you replied in the affirmative. Now that you are in your second term, so to speak, I think it is fair to make this request again.

Certainly, Virginia is at a crossroads when it comes to campaign finance reform and its leaders putting their allegiance to citizens before corporate power. We are seeing a lot of ‘big money’ already effecting the election race for Governor. Attempts to reign in Virginia’s unusually unrestrictive campaign finance system have so far gone nowhere in the General Assembly. The Commonwealth of Virginia is different from other states in that it does have its own state constitution. Delegate Carr, would you be willing to propose an amendment to the Virginia constitution similar to what MoveToAmend.org and Congressional representative Jayapal are proposing for the federal constitution?

Again, I greatly appreciate any information or attention you can give to my humble requests for Richmond and our Commonwealth.

Sincerely,
Scott Burger

Time To End Some Leases And Protect What Is Public

Todd Woodson, past OHNA president, past Sierra Club Falls of the James ‘Green Giant’ award winner, and past member of City Council’s Monroe Park Advisory Council, released this post this morning:

NO CITY MONEY FOR THE MONROE PARK CONSERVANCY!
Friends- the writing is on the wall! As Historic Monroe Park falls deeper into dereliction only two years after an $8 million dollar renovation, it has become obvious that even though 2020 set a record for charitable giving, the Monroe Park Conservancy – the group responsible for the Park’s sad condition, is broke and can’t honor their agreement with the City. Alice Massie and treasurer Matthew Stanley have defied federal regulations by refusing to allow their form 990’s to be reviewed by the public. Having exhausted all sources of charitable giving, it is inevitable that this “conservancy” will or have asked the City for a bail out, using tax payer money. It will take millions to repair the damage they and they alone have caused to our most historic park. The answer should be a resounding NO! It is time to terminate the lease and put the historic park back in the hands of the community under our capable Parks Department’s management. Giving Massie and Matthew Stanley (who is also Outreach Director for Richmond Public Schools) more money would be an egregious waste of our hard earned dollars. Reach out to your representatives and ask that they terminate the lease immediately and fix the park with public restrooms, usable pathways and a RESTORED TREE CANOPY!

At this past OHNA (Oregon Hill Neighborhood Association) meeting, Councilperson Stephanie Lynch was asked if there was any news on Monroe Park. She replied that there was none other than rumors of financial difficulty on the part of the Monroe Park Conservancy and she did not know of any City Council requests to rescind the lease (something that OHNA has previously requested).

Given some of the same issues of park use and attempts at privatization, it is noteworthy that near the riverfront side of Oregon Hill, during or shortly after the recent ‘zombie show filming’, a sign went up in the Belle Island (part of the James River Park system) for “private parking”. The city’s lease with Venture Richmond stated that they would retain free parking in the Belle Isle parking lot i.e. public parking.

After citizens made inquiries, Venture Richmond quickly said more recently that the new signs would come down and blamed the towing company for misunderstanding. Many citizens remain skeptical and believe this was yet another attempt to sneak in privatization. Oregon Hill residents, including Todd Woodson, remain vigilant in trying to watch over Venture Richmond and other ‘public-private partnerships’.

And on that score, one other thing- Oregon Hill residents have heard that Dominion is planning to move ahead with its proposed solar array on top of its riverfront parking garage (which, btw, is not shared with the public for parking). While many Oregon Hill residents are very much in favor of renewable energy, this is in violation of the hard won height agreement there (which OHNA, the Sierra Club Falls of the James, and other community and environmental groups are part of). What does this mean if Dominion is not going to be held accountable for its own agreements that are there to protect a public view?

When you look at all that has recently been proposed around the neighborhood, including Richmond300 shenanigans to ‘affordable housing’ initiatives, it is time is to send some universal messages- BACK OFF! AND STOP TRYING TO TAKE FROM THE PUBLIC! Return Monroe Park to the public!

P.S. Please do click through the links in this editorial and appreciate the time and energy that Oregon Hill residents have sacrificed to protect this neighborhood and what belongs to the City and public in whole. The local corporate media often does not give the complete picture in these matters and we need everyone to recognize how corporate hegemony, be it from institutions like VCU, be it from private companies like Dominion, be it from ‘public-private partnerships’ like Venture Richmond, be it from our own compromised City government, is acting against us. (Coming soon to this community news site, more on how we can fight back on the local, city, state, and national level…)

OHNA Supports RCV For City Offices

While there was lots of important neighborhood-centric discussion at last night’s OHNA Zoom meeting, one other thing the neighborhood association did was vote to support ranked choice voting for City offices.

It should be noted that while OHNA has not yet had an occasion to use ranked choice voting for its own elections, it has been part of the organization’s bylaws for several years now.

As interest in ranked choice voting grows locally, voters may want to attend this upcoming webinar to learn more about it:

https://www.facebook.com/events/722327248485427/

City Council Votes Against Neighborhood To Pass Richmond300 Plan

Last night Richmond City Council voted unanimously in favor of the Richmond 300 plan, which changes Oregon Hill’s future land use from residential to mixed use.

This happened during holidays when most people are pre-occupied with family matters, in a pandemic emergency, during which the Virginia Attorney General has called on municipalities to suspend all non-life-threatening business, and specifically land-use issues.

City Council voted for this despite opposition from many different parts of the City, but especially from this neighborhood, which has taken part in the process from the beginning, put up with bad online ‘presentations’, and has consistently asked for changes in the plan.

Laurel Street neighbors Scott Burger and Charles Pool wrote prominent letters to the editor in the past few weeks, and outgoing Oregon Hill Neighborhood Association president Todd Woodson wrote a very heartfelt editorial in Style magazine.

It’s worth noting that as a City Council candidate Stephanie Lynch wrote:

“I absolutely pledge to defend the Oregon Hill Community from inappropriate encroachment from surrounding entities like VCU. One of my top priorities will be to work with Oregon Hill residents and the administration at VCU to enter into a longer term agreement regarding future development that is respectful of the needs and wishes of Oregon Hill residents. As a two time VCU grad, I understand all that VCU brings to the Richmond Community, but I also have close ties to Oregon Hill and I recognize that VCU could be a better neighbor to the Oregon Hill neighborhood and its residents. I think it’s imperative that before we approve future expansion plans from VCU, we work with them to enter into MOUs with surrounding communities like Oregon Hill. I additionally support the requests laid out in the OHNA’s written submissions to the Planning Commission and the RVA 300 planning committee. I’m looking forward to working with everyone in Oregon Hill to make sure that the neighborhood is protected and kept intact, housing needs are met, and the neighborhood character is preserved.”

And as Oregon Hill’s elected City Council representative, Stephanie Lynch did write to the Richmond300 planners, sharing neighborhood concerns. So some residents were surprised and taken aback that Lynch did vote for the unchanged Richmond300 plan last night.

What Councilperson Lynch has indicated is that she would be joining other Council members in putting forward amendments in the new year that may help the neighborhood’s cause.

All that said, questions abound. What will these proposed amendments consist of? Will they really get passed by City Council? If passed, will the Planning Commission accept them?

Is this setting up the neighborhood for success (to use Woodson’s wording) or failure?

Land Use Committee Meets Tuesday

The Richmond 300 plan is in the agenda of the Land Use Committee this Tuesday Nov. 17th at 1pm.
The Councilpersons on the Land Use Committee are Robertson, Gray, Jones and Trammell.

Many Oregon Hill residents are hoping that Councilperson Stephanie Lynch asks the Land Use Committee to amend the Richmond 300 plan in favor of a Residential future land use designation for Oregon Hill. Many cite her pledge from when she was a candidate.

Dear Delegate Carr and Councilperson Lynch,

Dear Delegate Carr and Councilperson Lynch,

As you both are well aware, the City of Richmond will hopefully be electing a new Mayor in a few short weeks. You both probably also know that, ultimately, candidates vying to be Richmond’s Mayor need to win a plurality of the vote in at least five of the city’s nine city council districts. Should no candidate have achieved that feat on November 3rd – something considered a distinct possibility considering the numerous serious candidates left in the race – a second round vote between the top two city-wide vote earners is to take place (with the same requirement of winning a majority of the city’s districts). In addition to discord, a run-off election could prove very costly financially to the City.

On April 10, 2020, Governor Northam signed HB 1103. This Act amended the Code of Virginia by adding a section numbered 24.2-673.1, relating to using ranked choice voting (RCV) in local elections. The Act stipulates that elections of members of a county board of supervisors or a city council may be conducted by ranked choice voting pursuant to this section. The decision to conduct an election by ranked choice voting shall be made, in consultation with the local electoral board and general registrar. The law shall be enacted within the county or city by a majority vote of the board of supervisors or city council that the office being elected serves (or, this being Richmond, is it the General Assembly?). The Act will go into effect on July 1, 2021.

Unfortunately, the Act also stipulates that any costs incurred by the Department of Elections related to changes in technology that are necessary for the implementation of this Act, including changes to technology for receiving the results of elections conducted pursuant to this Act, shall be charged to the localities exercising the option to proceed with ranked choice voting. On behalf of FairVote Virginia, I respectfully request that you both ask the City of Richmond Registrar to provide Richmond City Council and the Virginia General Assembly with an estimate of the costs associated with the implementation of this Act.

After receiving this estimate, City Council, (or, this being Richmond, is it the General Assembly?) will be in a better position to make a decision regarding the implementation of ranked choice voting in future Richmond local elections.

A couple of things that are also on my mind in regard to this matter:

I am closely watching for the findings of a study required by the General Assembly Budget Amendment HB29, which explores replacing VERIS (Virginia Election and Registration Information System.) If VERIS is replaced, the new system chosen must be compatible with RCV ballots. I am hearing the study completion is on target for October reporting, and since RCV has already passed the legislature and has become an option for all localities in 2021…it will be part of the initial requirements!

“It is the intent of the General Assembly that the Department of Elections release a Request for Information in fiscal year 2020 related to the replacement of the Virginia Election and Registration Information System (VERIS). The Department shall provide an update to the Chairs of House Appropriations Committee and the Senate Finance and Appropriations Committee on the options and potential costs for replacing VERIS on or before September 1, 2020.”

https://budget.lis.virginia.gov/amendment/2020/1/HB29/Introduced/FA/83/1h/

During the pandemic, ranked choice voting has become a necessary alternative to lengthy assembled run off conventions, RCV was used in both Democratic and Republican Party Conventions this year in Virginia. Most notable, in August, to elect the Republican Party of Virginia’s State Chair. In the second round of tabulation Rich Anderson received 62% of the vote.

In VA10 and VA11 districts, the Republican Party conventions selected candidate for House of Representatives by ranked choice voting. Commentary in an article on thebullelephant.com noted that in the 10th District convention, “was a very well run unassembled convention with everything working as it should have. For most of the day, there were no lines at all, with some short wait times in the early morning when Loudoun county was voting. There were 1600 delegates registered and 1240 showed up to vote, an excellent turnout.”

Arlington County Democratic Party used ranked choice voting to endorse candidates for County Supervisor and School Board.

Also, in Arlington County, there is an initiative underway to implement RCV in local elections.

Regardless, I appreciate any information or attention you can give to my humble request for RIchmond.

Sincerely,
Scott Burger
FairVote Virginia board member and 5th District resident

(FairVote Virginia is a non-partisan, non-profit champion of ranked choice voting. Our members cover the entire political spectrum and come together from across the Commonwealth, united by a shared mission to revive real, representative democracy by enacting and implementing ranked choice voting legislation.)

UPDATE:

Thank you very much for your prompt response.

Sincerely,
Scott

On Oct 26, 2020, at 1:15 PM, Betsy Carr – House of Delegates wrote:

Dear Scott,
Thank you for your email. I will forward your request to the Richmond Registrar’s Office. Please keep in mind that since the election is a week away, they may not respond until after their work relating to the election is complete.

HB1103 stipulates that the local governing body (i.e. the City of Richmond’s Council, not the General Assembly) in consultation with the local electoral board and local registrar can decide to implement RCV in their locality.

Additionally, I spoke to House Appropriations staff about the HB29 budget language regarding the report on the replacement of VERIS. Due to COVID-19, budget language was passed that allows for state agencies to defer their reporting in order to prioritize their response to the pandemic. The Department of Elections is one of those agencies that has had to seriously shift their focus in order to ensure that all Virginian voters are able to safely vote. A report is expected around the end of the year.

Please let me know if you have any additional questions or concerns.

Sincerely,
Betsy

Mayor Wants To Take Away Park Land For ‘Affordable Housing’

Mayor Stoney’s Biennial Real Estate Strategies Plan wants to use city land to promote affordable housing development and affordable homeownership.
To that end, it proposes taking City-owned parcels to the Maggie Walker Community Land Trust (MWCLT) for the development of affordable homes.

It is including at least two parcels in Oregon Hill’s Samuel Parsons Park in this proposal.

(and least people think this just about Oregon Hill, the Biennial Estate Strategies Plan also identifies other city park lands such as 1800 Maplewood in the Randolph neighborhood and 1901-1905 Conrad Street in the East End as building sites.)

Neighbors, understandably, are very upset. But so far, either the Mayor’s office, other City officials, the media, and the Mayor’s challengers in the election are ignorant of the proposal or don’t care.

Of course, many neighbors believe in and support affordable housing, and have done so historically in Oregon Hill and elsewhere.

But this proposal is bringing up bad memories from when other parts of the park were built on due to City government’s (and in particular, the Planning Department’s) ineptitude and callousness.

It’s part of the utter disregard for established neighborhood plans and the neighborhood’s dream for a Belvidere greenway.

Neighbors can’t help but see this as part of a coordinated attack on the Oregon Hill neighborhood in conjunction with the disastrous Richmond300 plan. If they were not aware of the target lines being drawn on the community before, they are becoming aware now.

Olinger’s Storefront Canard

This past Wednesday evening, City of Richmond Planning Director Mark Olinger and planner Maritiza Pechin did a Zoom presentation for Oregon Hill residents. It was primarily a discussion of Oregon Hill’s proposed future land use in accordance with the Richmond300 planning.

What needs to be understood by everyone is that land designation is used to justify future zoning. Objective #1 of the Richmond 300 plan is change zoning to match the future land use designations. Any SUP will be recommended for approval by planning if it matches the future land use designation. Oregon Hill neighbors worked hard for our appropriate R-7 zoning and we need a future land use that matches it!

What Olinger kept coming back to during the Zoom meeting is that he and other planners would like to see ‘old storefronts’ brought back to commercial use and that is why they are insisting on giving Oregon Hill “neighborhood mixed use” land designation despite repeated demands by the Oregon Hill Neighborhood Association and many residents that would like for Oregon Hill’s land designation to remain ‘residential’.

This is not to say that OHNA and neighbors are against ‘old storefronts’ returning to commercial use. The overall record (voting included) makes it very clear that Oregon Hill has encouraged more small commercial return to the ‘old storefronts’. The reality is the storefronts that are currently not operating as businesses are homes and people are living in them. If they wanted to run a business, they simply have to ask for a special use permit, and they would most likely get it. The proposed change in land use designation is solving a problem that doesn’t exist.

It’s not just nomenclature though. The proposed change in land designation also opens the door to knocking down houses and building apartments and commercial spaces for taller buildings. Olinger suggests that the Planning Department, government, and neighbors would still have some say and control over replacement structures. But Oregon Hill neighbors know from the recent ‘805 W. Cary’ development that that simply is NOT TRUE! If anything, the decks were stacked strongly against any neighborhood say or control.

The city zoning code defines a story as 15 feet in height. The appropriate, current R-7 zoning has a height limit of 35 feet, which matches our historic two-story streetscape. Four stories mixed use would allow a height limit of 60 feet, almost double the current zoning!

Oregon Hill neighbors know that we cannot have our R-7 zoning undermined by this mixed-use future land use designation that allows multi-family projects 4-6 stories. This will be a green light for developers to buy up Oregon Hill to build ad hoc dormitories (and may explain recent 70% increases in land values on property assessments). If this happens, its pretty clear that the historic Oregon Hill neighborhood that residents and visitors love and cherish will be lost within a decade or two.

OHNA and individual neighbors have repeatedly asked Richmond300 planners for Oregon Hill to keep its hard-won ‘residential’ land use designation. Thankfully, Councilperson Lynch has indicated that she supports this. She was successful in establishing the residential future land use designation for most of the Randolph neighborhood in the Richmond300 plan.

Also, Oregon Hill is not the only neighborhood to question who the Planning department is really working for. Many residents in the Fan are now concerned about a recent proposal to raise the height limit on Broad Street to twenty stories after previously having an agreement for a twelve story limit. For this to happen during a pandemic with limited public interaction is outrageous.

It’s understandable that Olinger was originally hired as the City’s planning director in order to bring more density to the City of Richmond, especially along the Pulse corridor of Broad Street. But at this point, many Richmond citizens are questioning if he is the right person for the job.