Category Archives: Planning

Why There’s No Swimming Pool at Gilpin Court

gilpin courtBy Peter Galuszka

Heat and humidity seem to have been especially intense this summer. But it can be much worse at an inner city public housing project where there are few trees and other vegetation and lots of bricks and concrete that and retain heat.

So, wouldn’t a swimming pool seem nice, especially when your housing project already has one?

That’s what I thought when I visited Gilpin Court, one of Richmond’s 11 public housing projects. Housing 2,200 residents, many of them children, Gilpin is one of the worst ones run by the Richmond Redevelopment and Housing Authority. It was built in the 1940s. Here’s my story in Style Weekly.

There is a swimming pool. But, the indoor basin has been shut down for three years and the RRHA says it can’t be fixed. “The pool is closed for maintenance and repairs and diminishing funds we have available,” a spokeswoman says.

In the meantime, the RRHA has been spending money on other things, according to the Senate Judiciary Committee.

A list:

  • The RRHA spent $1,515 in 2012 to take 55 residents of Creighton Court, another project, for a bus charter to a West Virginia gambling casino.
  • The former RRHA police chief spent $900 on a television and more for cable services for an emergency operations center” that didn’t exist.He and his wife also got to go to a conference in San Diego with a side trip to Las Vegas.
  • Former authority chief executive Adrienne Goolsby, who resigned under a cloud in January, was being paid $183, 800 a year plus a $10,000 bonus. This is well above U.S. Department and Urban Development guidelines of $155,500 a year. The state governor makes less: $175,000.

U.S. Sen. Charles Grassley (R-Iowa) wrote to Goolsby last year asking for answers for these matters. His staff says he never got an answer.

Meanwhile, RRHA is being run by a temporary chief. No one seems to know when a permanent one will be appointed.

Gilpin children say they can swim at other city-owned pools or at Pocahontas State Park, which is 27 miles away.

One other takeaway: one hears a lot on this blog from writers about how the problems of poverty are a lack of personal responsibility. I guess if you grow up in a furnace like Gilpin, you just have to work harder.

Don’t Stop a Welcome Purge

confederate flag dayBy Peter Galuszka

The Confederate Battle flag is quickly unraveling throughout the Old Dominion. With it are going many icons of an era racked with controversy and hatred, along with mythology, which regretfully will still continue in some form.

Following the example of South Carolina Gov. Nikki Haley who asked that state’s legislature to take the Confederate flag off State Capitol grounds, Virginia Gov. Terry McAuliffe ordered the Department of Motor Vehicles to stop issuing specialty license plates showing the flag along with the Sons of Confederate Veterans logo.

National retailers such as Walmart and Amazon likewise nixed the flag and removed items displaying it from their shelves and warehouses.

Two events helped push this national movement with remarkable speed.

One was a U.S. Supreme Court decision – split evenly between liberal and conservative judges – that Texas had the right not to allow the Confederate flag on its license plates. The other was the shooting death of nine African-Americans by a self-styled white supremacist as they prayed at a Charleston church.

It’s about time some movement was made on this matter. But in Virginia, as in other parts of the South, there’s a lot more to do. Richmond’s famous Monument Avenue has the statues of Confederate generals Robert E. Lee, Thomas “Stonewall” Jackson and J.E.B. Stuart. Why aren’t they dismantled?

Richmond area schools have “Rebels “or “Confederates” as their mascots, namely Lee-Davis High School in Mechanicsville and Douglas S. Freeman in Henrico County.

Throughout the state are street names celebrating the Southern war machine. There are Jefferson Davis Highways in Alexandria and South Richmond. Only recently were flags removed from the Confederate Memorial Chapel on the grounds of the Virginia Museum of Fine Arts and at private Washington & Lee University.

Of course, the flag is an insult to those oppressed by it, notably African-Americans. But mythology – about an honorable South tragically plundered and lost – has provided cover and let it fly 150 years after the Civil War.

Having grown up mostly in the South or Border States in the 1950s and 1960s and then having worked there for years, I have dealt with the Confederate flag for years. I don’t find it absolutely shocking as some do, but I have always wondered why it keeps flying on public property.

It wasn’t until I was in college in the Boston area when I started really asking myself questions. For one course, I read “The Strange Career of Jim Crow,” historian C. Vann Woodward’s 1955 masterpiece. He demolished the idea that legal segregation was a long-time Southern tradition. Instead, it started up in the 1890s, he pointed out.

That’s not a very long time, especially for white Southerners who purport to be so sensitive to history. Instead, they have invented a mythology. Virginia is becoming more diverse and includes people who have no family tie to state during the mid-19th century. One reason Gov. Haley had the fortitude to do what she did was that she is an Indian-American, born in South Carolina. In other words, she is neither white nor black according to the old rules and didn’t need to be guided by them.

My immediate concern is that this long-needed purge won’t go far enough. And as long as the generals preside over Richmond’s Monument Avenue, the fairy tales will endure.

Tobacco Commission: Six of Eight Projects Fail

The old logo

The old logo

 By Peter Galuszka

Down Danville way, of eight companies that have received money from the Tobacco Region Opportunity Fund (the old, embattled tobacco commission) only two have managed to fulfill contractual obligations to create jobs and help the local economy.

According to a report by Vicky M. Cruz in the Danville Register & Bee, the six firms that have failed to meet their obligations mean a loss of 1,340 potential jobs and $63 million in local investment. It also means that Danville owes the tobacco commission $5.47 million.

Here’s a list of the companies.

The tobacco commission has been around since 1999 to supposedly help residents in the tobacco growing areas of the state move into non-leaf related jobs. The money came from the huge multi-billion dollar Master Settlement Agreement between four cigarette companies and 46 states that had sued them over health concerns.

The tobacco commission has been a bit of a sham. Money has been doled out without checks on how it was spent or how successful projects have been. A former director ended up in prison for siphoning off funds. A state audit has been ultra-critical of the fund, which figured in the political corruption conviction of former Gov. Robert F. McDonnell and his wife.

Last month, Gov. Terry McAuliffe renamed the fund, appointed a new director and changed its board. The cases reported by the Register & Bee obviously date before the reforms. Let’s hope they work.

(Hat tip to Larry Gross).

Richmond’s Pathetic Leadership

At the Diamond

At the Diamond

By Peter Galuszka

Richmond is going through an existential crisis. Its “leadership” can’t get anything done after wasting the public’s time and attention on the supposed possibilities of this so-called “Capital of Creativity.”

Two examples come to mind. One is the city’s and region’s utter failure to do anything about its crumbling ballpark. The other is wasting everyone’s time on pushing an independent children’s hospital and then having VCU Health and Bon Secours pull the rug out from everyone.

Mind you, you hear ramblings out the wazoo about how Richmond is all about “regionalism” and how the “River City” is just a dandy place to live. One of the worst offenders is Bacon’s Rebellion, which shamelessly crams Richmond boosterism down readers’ throats.

But what really sets me off is a full page and unabashedly revisionist editorial in this morning’s Richmond Times-Dispatch titled “Ballpark in the Bottom? Definitely not.” The writers claim they “having listened carefully, and at great length, to all sides, we have become convinced a proposal that seemed promising at first is fatally flawed.”

Yipes! This comes after a couple years of the newspaper’s flacking Mayor Dwight C. Jones’ dubious plan to put a new $67 million stadium in historic Shockoe Bottom for the city’s Minor League AA team, the Flying Squirrels, rather than refurbishing or replacing the crumbling Diamond on the Boulevard near the strategic intersections of Interstates 64 and 95.

TD Publisher Thomas A. (TAS) Silvestri, the one-time and obviously conflicted chair of the local chamber of commerce, pushed the Shockoe idea because that was the flavor of the month with parts of the Richmond elite, including some developers, the Timmons engineering group, the Jones regime and others.

It was a bad idea from the start and had been shot down before. The Bottom has no parking and is too cramped. Even worse, it would disturb graves of slaves and other reminders of the city’s darker past such as being the nation’s No. 2 slave trading capital (this is before the “creativity” part).

The AAA Richmond Braves hated the Diamond so much that they bolted to a new stadium in Gwinnett County outside of Atlanta in 2009. A new team associated with the San Francisco Giants decided to move in. The Flying Squirrels have been an outstanding success and in the five years they have been here, their team has drawn more fans than any other in the Eastern League. In fact, their stats place them among the best draws in all of minor league baseball.

But the Squirrels had been led to believe they would get new or greatly improved digs. Instead of focusing on the Diamond (which has ONE elevator for the sick and elderly and it often doesn’t work). A couple of weeks ago, Lou DiBella wrote an open letter to the community noting that nothing has happened. Their deal with the city end next year, raising the issue of whether they will bolt as the Braves did.

Squirrels owner DiBella

Squirrels owner DiBella

I did a Q&A with DiBella for Style. Here’s how he put it:

“We have been a great asset for the whole Richmond region. Where am I looking? I’m not trying to look. You want me to look, tell me. I want to create a dialogue. I want people to be honest and open and candid right now. If you’re going to screw around with us the same way you did with the Braves, the way Richmond did under false pretenses, and there’s no chance of any regional participation or the city being creative in building a stadium — let me know now because I do have to start thinking about the future.”

He has a point. Richmond did screw around with him. Chesterfield and Henrico Counties did, too. The Squirrels get most of their spectators from the suburbs but their political leaders don’t want to spend anything to help. They neatly got off the hook when they conveyed the Diamond from the Richmond Metropolitan Authority, of which they are members, to the city exclusively.

The Jones administration, meanwhile, wasted everyone’s time (except that of the Richmond Times-Dispatch) by pushing the Bottom idea. The business elite sponsored trips for so-called local leaders to fly around the country and look at other stadiums.

Then, nothing. A development firm called the Rebkee Co. came up with a plan to build a new stadium near the Diamond with private funds. But the city refused to even review the plan. They did not accept formal written copies of the idea.

The Jones team did manage to come up with a summer practice area for the Washington Redskins that is used about two or three weeks a year. It hardly draws anything close to what the Squirrels do, but they had little problem pushing with their idea.

Bill Goodwin

Bill Goodwin

Next up is a stand-alone children’s hospital, an idea backed by a group of pediatricians and Bill Goodwin, a wealthy philanthropist and one of the most powerful men in Richmond. He and his wife pledged $150 million for the project and many, including the RTD, talked about it to death. Goodwin’s idea would be to create a world class hospital on the level of the famous Childrens Hospital of Philadelphia.

Then, without warning, non-profits VCU and Bon Secours health system pulled the rug out from under Goodwin and everyone else. They said an independent children’s hospital wasn’t needed, there was no market for it and pediatric care is moving more towards out-patient service, anyway.

The real reason, says Goodwin, is that a stand-alone children’s hospital would mean that other local hospitals would have to scale back their money-making pediatric units.

Also for Style, I asked Goodwin for his thoughts. He was flabbergasted at shutting down the idea without warning. He said:

“We were planning for an independent children’s hospital that was regional and would provide more comprehensive coverage than what VCU and Bon Secours are currently providing. This effort would have been a heck of an economic driver for our community and would provide significantly better medical care for children. Better medical education and research were also planned. We would be creating something that was creating good jobs, and it would be something that the community would be proud of, which we haven’t had recently.”

So there you have it, sports fans – a moment of truth. With its current leadership, Richmond couldn’t strike water if it fell out of a boat. You know it when the editorial writers on Franklin Street start revising history.

“Spankdown” at Woodlake

S&MBy Peter Galuszka

Homeowners Associations are double-edged swords. They can preserve home values by enforcing covenants but sometimes  morph into Neo-Nazi privatized governments that make life miserable by meddling.

One HOA in suburban Richmond is in something of a unique situation.

Woodlake, a 2,800 home, 1980s-styled PUD in Chesterfield County, has been having problems. The realty firm that owned its extensive swim and recreational facilities sold them to the HOA in 2010 which ended up $700,000 in debt.

It has caused lots of gnashing of teeth because no one wants a special assessment. I don’t live there but I play tennis there and hear a lot about it from my friends.

The board is new, the old community manager left and they hired a new manager who has an extensive professional background in the field.

The manager, Bethany Halle, also has another life. She’s the author of about 70 erotic fantasies specializing sado-masochism, bondage and other delights, including ones involving the paranormal. She enjoys exploring “murder and mayhem” at HOAs in her literary life.

Here’s my story about it in the Chesterfield Observer.

Halle’s books have been published by such houses as “Naughty Nights.” She blogs and has radio shows about erotic literature. The HOA board supports their decision to hire her , saying they knew about her other life but she was the best qualified to run the HOA.

Halle writes under her own name or “Cassandre Dayne” and “Dakotah Black”

One of her titles is “Spankdown.” Maybe that’s just what Woodlake needs.

Dubious Oil Lobby Bankrolls Dubious Poll

CEABy Peter Galuszka

In a recent post, Bacons Rebellion extolled the findings of Hickman Analytics Inc., a suburban Washington consulting firm hired by the Consumer Energy Alliance, which found that according to a survey of 500 registered voters, the vast majority of Virginians support Dominion’s Atlantic Coast Pipeline.

The $5 billion project would take natural gas released by hydraulic fracturing from West Virginia southeastward through Virginia into North Carolina. Dominion has taken some strong-arm tactics to force the project through, such as suing property owners who declined to let surveyors onto their property.

Having reported on the controversy in such places as Nelson County, I was surprised to note the Hickman results showing such a strong support for the pipeline.

Maybe, I shouldn’t have been so surprised.

Let’s start with the so-called “Consumer Energy Alliance.” For starters, it is a Texas based lobbying group funded by such fossil fuel giants as ExxonMobil and Devon Energy, perhaps the largest independent oil rim in the country plus as host of utilities.

It has been traversing the United States drumming up support, often through dubious polls, against initiatives to cut back on carbon emissions. It supports the Keystone XL and other petroleum pipelines.

Says SourceWatch, quoting Salon.com, “The CEA is part of a sophisticated public affairs strategy designed to manipulate the U.S. political system by deluging the media with messaging favorable to the tar-sands industry; to persuade key state and federal legislators to act in the extractive industries’ favor; and to defeat any attempt to regulate the carbon emissions emanating from gasoline and diesel used by U.S. vehicles.”

The group was created in the late 2000s by Michael Whatley a Republican energy lobbyist with links to the Canadian and American oil sector.

The alliance’s modus operandi is to use “polls” presumably of average voters on key energy issues.

In Wisconsin, the CEA got involved in a battle over an attempt by electric utilities to hike rates if individual homeowners used solar panels to generate power. The state is dominated by coal-fired power and hasn’t done much with renewables. The utilities claim that they paid for the electricity grid and therefore home-power generators must pay extra for its use and the cost should be shared by all through rate hikes.

Many ratepayers opposed this blatant attempt to push back at solar power. Then, all the way from Texas and Washington, the Consumer Energy Alliance jumped in with the names of 2,500 local ratepayers who backed the rate hikes. It wanted to give their names to Wisconsin regulators.

The Grist asked: “What dog does CEA, a trade group from Texas, have in Wisconsin’s fight, anyway? Well, CEA represents the interests of mostly fossil fuel companies, so it is engaged in a nationwide campaign to slow the spread of home-produced renewable energy. It has a regional Midwest chapter, which pushes for fracking and for President Obama to approve the Keystone XL tar-sands pipeline.”

I was likewise puzzled by the Virginia pipeline survey that CEA paid for by Hickman Analytics, a Chevy Chase, Md. firm that does a lot of political polling. The firm is powerful and its principals were heavily involved with disgraced Democratic presidential candidate John Edwards.

There was a poll by Hickman for CEA showing that New Hampshire vote just love Arctic offshore drilling. That’s off because the Granite State isn’t anywhere close to the Arctic despite its cold winters.

There was another Hickman/CEA poll showing how much Coloradans love the Keystone XL pipeline – another curiosity because the last time I checked that pipeline doesn’t run through Colorado.

And, fresh with a “five figure” sponsorship from Dominion, Bacon’s Rebellion publisher James A. Bacon Jr. starts writing about this dubious poll from a dubious source showing that Virginians are tickled pink with the ACL pipeline. When questioned, he says it’s nothing different from a poll funded by the Sierra Club.

Maybe, on another matter, it is curious that Bacon’s Rebellion’s sponsorship deal with Dominion which Jim posted online is signed by Daniel A. Weekley, vice president for Dominion corporate affairs.

The very same Mr. Weekley signed an informational packet sent out to Virginia homeowners impacted by the proposed pipeline route telling them what a great thing the pipeline is.

Am I connecting the dots correctly?
 

Hottest Primary May Be 10th Senate District

 By Peter Galuszka

Emily Francis

Emily Francis

Primaries in Virginia used to be a bore, but no longer.

Last year, Dave Brat’s Tea Party-backed insurgency against the seemingly impregnable Eric Cantor garnered national headlines in the 7th Congressional District.

This year, you have several General Assembly races come June 9 that will seek to replace several prominent politicians who are retiring, including Republicans John Watkins of the 10th Senate District; Walter Stosch of the 12th Senate District; and Democrat Charles Colgan of the 29th.

I picked the 10th District race for a piece in Style Weekly. There, historic tax credit developer Dan Gecker, a long time Chesterfield County planning commissioner and supervisor, is up against progressive non-profit consultant Emily Francis and former delegate and lawyer Alex McMurtrie for the Democrat candidacy. Whoever wins faces Republican nominee Glen Sturtevant and Libertarian Carl Loser.

Dan Gecker

Dan Gecker

The race could well determine whether the state senate remains in Republican hands. Should the Democrat win, the mix in the senate could bounce back to 20-20; it is 21-19 now in favor of the GOP. Stephen Farnsworth, a political analyst at the University of Mary Washington,  told me this is the race to watch.

What’s also curious is that the 10th District is a true anomaly. One might assume that such as district would be comfortably GOP. It isn’t since it stretches from the blue areas of Richmond like the Museum District and the Northside. It covers parts of the more conservative mega-neighborhoods of Brandermill and Woodlake in Chesterfield and then all of Powhatan County.

Instead of having the likes of Brat saying that his opponent isn’t conservative enough, Francis says she’s the only true progressive in the race.

Another quirk is that Gecker, a moderate who says he’s a progressive, figured in the Bill Clinton impeachment.

Back in the 1990s, he was lawyer to Kathleen Willey, a Powhatan resident who claimed that Clinton groped her in the White House. Gecker represented her in a book deal. Some Democrats have said that Gecker is a Clinton-basher – an interesting claim now that part of the Democratic establishment is gearing Hillary Clinton for another presidential run.

Gov. Terry McAuliffe, a Clinton confidante, has tried to smooth things over by endorsing Gecker.

Two Stories on Change in Richmond’s Suburbs

 

New wegmans site

New wegmans site

By Peter Galuszka

Well, well,

Jim Bacon has this month’s cover story in the Henrico Monthly about the changing nature of office parks in one county that has plenty of them.

Not to be outdone, I have my own cover story in the Chesterfield Monthly, a sister magazine published by the same people.

My piece is about how Midlothian Turnpike, the main artery of suburban sprawl in Chesterfield County, is being led into its next iteration y two new types of grocery stores.

One is the high-end Wegmans. The other is New Grand Market, a large-scale international food store that reflects Richmond’s fast-growing diversity and foreign flare.

I think both of our pieces, in different ways, reflect big shifts in two of the largest counties in the state. (I wonder if I got paid more than he did).

New Film Documents Horrors of Coal Mining

blood on the moutain posterBy Peter Galuszka

Several years in the making, “Blood on the Mountain” has finally premiered in New York City. The documentary examines the cycle of exploitation of people and environment by West Virginia’s coal industry highlighting Massey Energy, a coal firm that was based in Richmond.

The final cut of the film was released publicly May 26 at Anthology Film Archives as part of the “Workers Unite! Film Festival” funded in part by the Fund for Creative Communities, the Manhattan Community Arts Fund and the New York State Council of the Arts.

Directed by Mari-Lynn Evans and Jordan Freeman, the film shows that how for more than a century, coal companies and politicians kept coal workers laboring in unsafe conditions that killed thousands while ravaging the state’s mountain environment.

As Bruce Stanley, a lawyer from Mingo County, W.Va. who is interviewed in the film and has fought Donald L. Blankenship, the notorious former head of Massey Energy, says, there isn’t a “War on Coal,” it is a “war waged by coal on West Virginia.”

When hundreds of striking workers protested onerous and deadly working conditions in the early 1920s, they were met with machine guns and combat aircraft in a war that West Virginia officials kept out of history books. They didn’t teach it when I was in grade school there in the 1960s. I learned about the war in the 1990s.

The cycle of coal mine deaths,environmental disaster and regional poverty continues to this day. In 2010, safety cutbacks at a Massey Energy mine led to the deaths of 29 miners in the worst such disaster in 40 years. Mountains in Central Appalachia, including southwest Virginia, continue to be ravaged by extreme strip mining.

As Jeff Biggers said in a review of the movie in the Huffington Post:

“Thanks to its historical perspective, Blood on the Mountains keeps hope alive in the coalfields — and in the more defining mountains, the mountain state vs. the “extraction state” — and reminds viewers of the inspiring continuum of the extraordinary Blair Mountain miners’ uprising in 1921, the victory of Miners for Democracy leader Arnold Miller as the UMWA president in the 1970s, and today’s fearless campaigns against mountaintop-removal mining.”

The movie (here is the trailer) is a personal mission for me. In 2013, after my book “Thunder on the Mountain, Death at Massey and the Dirty Secrets Behind Big Coal,” was published by St. Martin’s Press, Mari-Lynn Evans called me and said she liked the book and wanted me to work with her on the movie project. She is from a small town in West Virginia a little south of where I spent several years as a child and thought some of my observations in the book rang true.

I drove out to Beckley, W.Va. for several hours of on-camera interviews. Over the next two years, I watched early versions, gave my criticisms and ideas and acted as a kind of consultant. Mari-Lynn’s production company is in Akron and I visited other production facilities in New York near the Brooklyn Navy Yard.

Interesting work if you can get it. My only forays into film making before had been with my high school film club where he videographed a coffin being lowered into a grave (in West Virginia no less). I was greatly impressed when I saw the movie at its New York premiere.

Mari-Lynn and Jordan have been filming in the region for years. They collaborated on “The Appalachians,” an award-winning three-part documentary that was aired on PBS a few years ago and on “Coal Country” which dealt with mountaintop removal strip mining.

They and writer Phyllis Geller spent months detailing how coal companies bought up land on the cheap from unwitting residents, hired miners and other workers while intimidating them and abusing them, divided communities and plundered some very beautiful mountains.

Upper Big Branch is just a continuation of the mine disasters that have killed thousands. The worst was Monongah in 1907 with a death toll of at least 362; Eccles in 1914 with 183 dead; and Farmington in 1968 with 78 dead (just a county over from where I used to live).

By 2008 while Blankenship was CEO of Massey, some 52 miners were killed. Then came Upper Big Branch with 29 dead in 2010.

At least 700 were killed by silicosis in the 1930s after Union Carbine dug a tunnel at Hawks Nest. Many were buried in unmarked graves.

While state regulation has been lame, scores West Virginia politicians have been found guilty of taking bribes, including ex-Gov. Arch Moore.

The movie is strong stuff. I’ll let you know where it will be available. A new and expanded paperback version of my book is available from West Virginia University Press.

Blankenship is scheduled to go on trial on federal charges related to Upper Big Branch on July 13.

Layne’s Law

Map credit: VDOT

Proposed Interstate 66 improvements. Map credit: VDOT

by James A. Bacon

After spending a year and a half cleaning up the mess left by the previous administration — the Charlottesville Bypass, Norfolk’s Midtown-Downtown Tunnel, the U.S. 460 Connector in Tidewater — Transportation Secretary Aubrey Layne now has the opportunity to show whether or not he has the chops to handle a complex, politically charged transportation mega-project — the $2.1 billion in proposed improvements to Interstate 66 west of the Capital Beltway.

The Virginia Department of Transportation is focusing on two key dimensions to the mega-project, which is intended to address one of the most congested traffic corridors in Northern Virginia. The first is engineering. VDOT engineers have conceptualized a plan to build a corridor that will include three free lanes running both directions, two express lanes in each direction and high-frequency bus service  linking commuters with major activity centers. That plan will be subject to extensive environmental review and public input.

The second key question is how the state will finance and manage the project. Should VDOT use the controversial public-private partnership (P3) legal/financial structure to build and operate the project, much as it did with the Interstate 495 and Interstate 95 Express Lanes projects? Should VDOT undertake the project entirely on its own? Or should it create a hybrid approach? The question assumes tremendous urgency given the problems created by the P3 approach with the Norfolk-Portsmouth tunnels and the U.S.460 Connector.

Parenthetically, I would add that there is a critical third dimension to the project which appears to be getting less attention: What will be the impact of the project on Northern Virginia land use patterns? Will the project subsidize suburban sprawl (scattered, disconnected, low-density land use patterns) in the far western reaches of the Washington metropolitan area, which in turn will generate more demand — and more congestion — in the years ahead? In other words, will the state spend more than $2 billion to “fix” a problem that will re-emerge a decade or two after the project is completed?

In an interview yesterday, I sat down with Layne to discuss the financial dimension of the project. The transportation secretary has given enormous thought on how best to structure highway mega-projects, balancing the twin imperatives of controlling costs and limiting risk.

Layne sees transportation projects as forming a continuum between a model in which VDOT does everything, and a privatization model in which all functions are delegated to a private-sector concessionaire through an asset sale or a long-term lease. Any project is comprised of several parts:

Design
Construction
Financing
Operation
Maintenance

Any one of these pieces can be performed by the state or out-sourced to the private sector. In Layne’s view, because no two projects are identical, there is no standard configuration. He tends to think that the private sector does a better job of designing and managing construction than VDOT, but not by such a wide margin that jobs should automatically default to private players. In other areas, VDOT has a clear advantage. The fact that VDOT can tap tax-free bonds, which sell at lower interest rates, and requires no private equity financing often means that the state can finance a project at less expense than a private entity.

But there is more to managing a project than driving for the lowest cost or, as the previous administration tended to do, the lowest up-front public subsidy. Costs should be viewed over the lifetime of the project, which runs 50 years or longer, after adjusted for risk. One risk is the potential for cost overruns. In the past, VDOT used to eat construction cost overruns, which meant that the taxpayer paid. But that risk, says Layne, usually should be transferred to the private contractor. Another risk is that toll revenues might not materialize as forecast. Private entities pay especially close attention to that risk, and they try to negotiate all manner of protections into a P3 project to offset it.

Express lane projects get tricky because a private entity is motivated to maximize toll-paying traffic through its tolled lanes in order to maximize revenue, while the state’s goal is to maximize the throughput of riders, which means encouraging High Occupancy Vehicles and buses. In its negotiations over Interstate 95, the original plan called for Transurban to make a $250 million up-front investment to provide a robust mass-transit component. But as the negotiations proceeded, the mass-transit piece got whittled down drastically. If High Occupancy Vehicles exceed 24% of total traffic on I-495 (35% on I-95), the state is obligated to pay 70% of Transurban’s lost revenue. Meanwhile, the state pays for mass transit on I-95 out of its own funds — an expense that was not included in the announced project cost.

Layne’s Law is to start by first defining what the state wants in a project, and only ascertaining which mix of functions it should outsource to the private sector. “I’d love to have a private-sector partner,” Layne says, “but only if the risk transfer makes sense.” In the case of I-66, bargaining away a robust mass-transit capability to protect a private entity’s revenue stream probably would not make sense. Continue reading