Post #482: Public hearing tomorrow on the $35 million Town of Vienna bond issue.

 

This was originally an afterthought from the last posting, but it got so long I decided to post it separately.  And so that leads to a major caveat:  I haven’t had the time to do my homework on this one.  I’m usually pretty good about getting the facts straight before opening my mouth.  But for this one — which comes up tomorrow — I started to look at it, and I kept coming up with what I thought were some fairly important questions that I don’t think I’m going to be able to answer in time for that meeting.

Anyway, tomorrow’s Town Council hearing looks to be a real Duesy.  You might want to have a look at the agenda (.pdf), and maybe even take a look at the meeting materials if something catches your eye.  Maybe plan to be there, or at least catch it on cable or internet (as described halfway down this Town of Vienna web page.)  I’ll post the agenda at the end of this article, below, for ease of access.

Among other things, Town Council is holding its one and only public hearing on a borrowing $35 million for various construction projects and reserves.  It is a legally required public hearing, and if you have any thoughts on that bond issue you can speak for up to three minutes.  But I suggest you do some homework on it first, because the more I look at that, the less I understand it.  If I have the time, I’ll amend this posting to add links to prior Town discussions of this bond issue.

The amount of the Town’s borrowing represents a significant departure from the past.  In fact, that by itself is so noteworthy that I ginned up that little graph at the top of this post, right out of the Town’s 2019-202 budget, using data take from pages 359 and forward, and adding in the proposed $35 million.  As you can see, we’ve never done anything like this before.

I haven’t looked at the details/done my homework, but my guess is that, in large part, this is made possible by the 50% increase in your water bill (Post #448).  Of which you have only seen the first 20%, so far.   (Some portion of water bill receipts are used to cover the Town’s debt issuance (“capital fund”) costs.)

But now that I think that through, if the Town is counting on those water bill receipts to pay off this debt issue, doesn’t that makes the next three annual votes to raise sewer and water rates kind of a joke?  Has Town Council really put us in a position of “raise the rates the full 50%, or default on our bonds”?  I’ll have to look into that, but that’s my first question.  Are they predicating the payback of these bonds on rate increases that they haven’t yet voted on?  I would certainly hope not, but I don’t know.

Anyway, the proposed sewer and water projects are on top of the Town building itself a new police station, and a few other things, and … hmm.  I don’t really know how they plan to fund even that piece, in the normal fashion (meals tax and hotel room tax), because that, by itself, the police station and other projects amount to twice our normal bond issue.  I guess I really haven’t done my homework.  I sure hope our Town Council has.  I wonder just how much of this is projected to be funded by the water bill increase?

And let’s not forget that the Town capital budget includes $0 to pay for the nearly $5 million Patrick Henry garage.  Yep, we assume that’s free, because we think the Northern Virginia Transportation Authority is going to be stupid enough to pay for all of our merchant/restaurant parking at that site, even though that organization has absolutely no business doing so (Post #446 and Post #447).  (Oh, and let’s not forget that we assume they’ll pay for about half the cost of a garage on Church street, just for good measure.)

If you add in the capital projects that we think we’re getting for free or at half price (the two garages), we’re looking at another, oh, $7 million or so in liabilities on top of that.   (Alternatively, this may be why Town staff are asking for about … you guessed it … $7 million in additional funding as part of the overall $35 million debt issue, to provide “reserves” that, somehow, are earmarked for as-yet-unnamed property acquisition within the Town?)

Anyway, no matter how you cut it, that’s a heck of a departure from tradition.

N.B.:  If you took $35 million in hundred-dollar bills and laid them in a straight line, they would stretch from Vienna to Harper’s Ferry, West Virginia.  So we’re borrowing a a pretty good-sized pile of cash.

And there are a couple of other deusies on that agenda, in addition to the bond issue.  Check it out for yourself.  But in typical Town fashion, the agenda often gives no clue as to the dollar value or other importance of any one item.  So you have to read it carefully, then check the Town web page cited above for whatever details have been made public.

Agenda-66

 

 


Post #481: CORRECTED: Are we really going to open up the entire zoning code, right now?

 

In the original version of this, I was incorrect when I said I could not obtain a copy of the scope of work for this task.  Councilman Noble has pointed out that I could, in fact, find an earlier draft of the scope of work for this task, posted as the last item on an October 28, 2019 Town Council work session.  The earlier draft was posted for that work session, but not for the Town Council meeting.  I apologize for my error, and have modified this post accordingly.

Complete this sentence:  If you find yourself in a hole, the first thing to do is to:

A) drop the shovel.

B) pick up more shovels.

I’m going for A, but I would accept the traditional “stop digging” as an acceptable answer as well.


Background

If there is anything I have learned from sitting through countless Town Council meetings, it’s that Town staff put the controversial stuff last on the agenda.  And they make it sound as innocuous as possible.

Maybe that’s purely by chance, but I have always assumed they do that as a way to thin the crowd out before the controversial stuff gets discussed.  Those Town Council meetings go on for a long time.  In fact, the only thing I have learned, for certain, from attending these meetings is that my bladder disqualifies me from public service.  (If you see a fat guy sprinting for the door after the first few hours of one of those meetings, that’ll likely be me.)  And I don’t think I’m alone in that.  But whether it’s the call of nature or just plain fatigue, you’ll often see that Town Council chambers will be nearly empty by the time they get to the good stuff at the end of the agenda.

So I have learned to read the last item first, and make sure that I (think) I understand it.  The item of interest for tomorrow’s Town Council meeting is:

I. 19-1527 Motion by Councilmember Potter for comprehensive reorganization and update of Subdivision and Zoning Ordinances, Chapters 17 and 18 of Town Code.

Caveat:  I supported Steve Potter for Town Council.  But you probably aren’t going to remember that by the time you’re done with this.

This is a long post.  Links to specific sections are given directly below:

The scope of work (SOW) isn’t public, and I bet the SOW includes a lot more than just the simple project as described in the Town Council meeting materials.

Making this one big package deal is a strategic blunder.

You’d be smarter to break this into two pieces:  the non-controversial purely technical changes that merely clean up existing code, and, separately, all the other would be everything else that Planning and Zoning is going to add in.

Are we really going to make the same mistake all over again, and do the rewrite in an information vacuum?  Or are we going to wait until various studies are completed, and actually based the rewrite on information?

Rewriting the by-right zoning is serious stuff, compared to MAC.  Are we going to have any serious guidelines and guide rails written down, or is Town Council’s input limited to occasional and informal guidance to Town Staff?

Put in writing that the MAC zoning rewrite was not finished, and that the things in the existing red-lined copy are far from agreed-upon by Town Council.

If you keep digging yourself into a hole, do you really want to pick up more shovels?  Maybe just skip this additional chaos for the time being and fix only what needs to be fixed right now.

 

Continue reading Post #481: CORRECTED: Are we really going to open up the entire zoning code, right now?

Post #480: Virginia Freedom of Information Act and Noah’s Ark

Above:  Abstract depiction of Town Council meeting.  (Note:  Illustration of town officials as unclean animals is unintentional, and unavoidable given popular misunderstanding of Genesis 7:2)


The Virginia Freedom of Information Act

The Virginia Freedom of Information Act (VFOIA) is your only defense against local or state government entities that want to act in secret, behind closed doors, and away from the sunshine.  It’s the only real way to keep governments in Virginia from treating the peasants citizens like mushrooms — you know, keep us in the dark and feed us a bunch of manure.

Even if you never read the entire VFOIA, it’s well worth reading the first two paragraphs.  I’m going to boldface a few key phrases, from the link cited just above:

B. By enacting this chapter, the General Assembly ensures the people of the Commonwealth ready access to public records in the custody of a public body or its officers and employees, and free entry to meetings of public bodies wherein the business of the people is being conducted. The affairs of government are not intended to be conducted in an atmosphere of secrecy since at all times the public is to be the beneficiary of any action taken at any level of government. Unless a public body or its officers or employees specifically elect to exercise an exemption provided by this chapter or any other statute, every meeting shall be open to the public and all public records shall be available for inspection and copying upon request. All public records and meetings shall be presumed open, unless an exemption is properly invoked.

The provisions of this chapter shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government. Any exemption from public access to records or meetings shall be narrowly construed and no record shall be withheld or meeting closed to the public unless specifically made exempt pursuant to this chapter or other specific provision of law. This chapter shall not be construed to discourage the free discussion by government officials or employees of public matters with the citizens of the Commonwealth.

Here’s a couple of additional key points, again from the reference above:

What is a meeting?  It’s when three or more of our elected or appointed officials get together, in any setting, and discuss the public business.

"Meeting" or "meetings" means the meetings ... of (i) as many as three members ... of any public body.

There are numerous common-sense exceptions to the rule that meetings must be open.  For example, when the Town Council is considering buying real estate, or considering personnel matters, it may conduct its discussion behind closed doors.  Otherwise, if three or more gather to do the public’s business, that has to be done in public.

And, as I noted in Post #457, anything that Town Council gets to see, as part of a meeting, the public gets to see as well.

...

F. At least one copy of the proposed agenda and all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting shall be made available for public inspection at the same time such documents are furnished to the members of the public body.  ... 

The Town hasn’t been too good about doing that.  For example, of late, they’ve taken to not providing copies of Town staff presentations as part of the agenda packet that is issued prior to a meeting.  And then, when asked, providing copies to Town officials afterwards.  So they aren’t in the agenda packet, but they are presented at the meeting, and delivered to Town officials afterwards.

You can always take a picture of what’s on the screen, in a meeting, with your cell phone, I guess.  So maybe that meets the letter of the law.  But that’s not my main gripe.  At least not for this post.

 


And now a brief quiz, with answers given in the last section.

Hypothetically, suppose a Virginia town wanted to sidestep the Virginia Freedom of Information Act.  Maybe they have some document that they want their town council to discuss and vote on.  But they want to keep that document out of the public eye, and they want to keep everything but the vote out of the public’s view as well.

And so they develop the following method.  They bring town council members into a room, two-by-two, to have them read the document and discuss it.    That way, all the elected representatives of this town would have had a chance to read and discuss this document among themselves.  And they will “daisy chain” the information — every town council member is free to inform every other town council member of what any other town council member said.  So they all get to read the document, and they all get to know what everyone thinks of it, but because there were never three of them in the room at the same time, that discussion is not a “public meeting” and can remain secret.  And the underlying document can remain secret.  That is, out of the public’s view.

Question 1:  Is that legal?  Is it legal to for a town government to create a formal method for sidestepping the intent of the Virginia Freedom of Information Act by , in effect, holding a town council meeting serially — two-by-two — instead of all at once (seven-in-the-room)?

Question 2:  Should that be legal?


Answers

Question 1:  Is that legal? Yep, that’s legal.  I couldn’t find it in black-and-white, but it’s a common enough trick that I found it discussed by a Virginia county attorney on YouTube.  She even referred to it as “daisy chain” and “Noah’s Ark”.

So the Noah’s Ark meeting — conducting a discussion by an entire public body, in private, two persons at a time — appears to be a valid legal loophole by which a Virginia town government can sidestep the clear intent of the Virginia Freedom of Information Act.

Got to 4:30 in this YouTube video to hear the discussion of open meeting requirements, and go to 5:30 in this clip to hear the two-by-two “Noah’s Ark” method described.

Question 2:  Should it be legal?  I’d say that depends.  If this is the only way you can avoid fisticuffs in a meeting — by literally keeping combative parties physically separated — I think most would argue that’s a legitimate (if regrettable) way to get the public’s business done.

By contrast, suppose that the only reason a town did that was to circumvent the Virginia Freedom of Information Act?  Suppose that they used the Noah’s Ark meeting purely as a way to keep discussion and documents out of the public eye.  Suppose they used this method to conduct business, in private, that could just as easily have been done in public — they just didn’t want the citizens to know about it?

I’m not a lawyer, but in that case, I’d bet you could find a sympathetic judge to rule that illegal.  Particularly when the statute says this, quite plainly:

The provisions of this chapter shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government.

I’d say that the use of the Noah’s Ark meeting, purely to keep documents and discussion out of the public eye, was in direct contradiction to that clause in red.  But then again, I’m not a lawyer, and I could not find any reference to that being tested in court.

Of course, the trick there is that nobody would be stupid enough to say that this method was being used solely to keep government action secret.  If pressed, any town government could gin up some fiction as to why it chose to keep discussion and documents private, rather than public.  So, maybe the reason I couldn’t find any challenges to this practice is that it would be effectively impossible to prove that the motive was purely to sidestep the Virginia Freedom of Information Act.

Anyway, the bottom line is that if you ever wondered how, sometimes, at our own Town Council meetings, Council members are aware of the technical details of an issue, and sometimes the discussion makes it seem like the issue in question is a done deal.  Without there having been any publicly-available documents posted for a meeting.  Or anything like a public discussion where you heard them agree on the issue at hand.  Well, the Noah’s Ark meeting is one way they can do that. It’s one way a public body in Virginia can do its business in private, and still, at least in theory, meet the letter of the law with respect to the Virginia Freedom of Information Act.

Post #479: How many people could you house at the Giant Food property, if you really tried?

(Click this link to download a spreadsheet with all the VDOT traffic counts for the Town of Vienna:  VDOT traffic counts 9-27-2019)

This is a little thought experiment, prompted by Town Staff’s continuing to push the idea of six-story buildings under MAC.  Rather than fight that, I figure, what the heck, let’s just run with it.  What would we get?

Best guess?  A six-story MAC development on the Giant Food property would yield about 1400 new residents, or roughly an 8.5 percent increase in the population of the Town of Vienna.  All in one place.  And maybe a 15 percent increase in peak rush hour traffic on Maple?

Such is the power of medium-density housing.

Detail follows. Continue reading Post #479: How many people could you house at the Giant Food property, if you really tried?

Post #478: Bus strike

Above:  Fairfax Connector 463 bus route.

Just in case you hadn’t heard, the Fairfax Connector bus workers are on strike.  You can read about it at this link.

Per Fairfax County, it looks like the main Maple Avenue bus (the 463 route, Vienna Metro to Tyson’s Metro via Maple Avenue) should run on a Sunday schedule (hourly, 8 AM to 8 PM).  But if you read the details, that’s not guaranteed.  It will depend on how many drivers show up for work despite the strike.

According to Fairfax County’s Facebook page, the bus tracker website will show incorrect information.  It will continue to show a weekday schedule, so you can’t rely on it to tell you when the next bus is coming.

None of the other Connector routes in Vienna will be running.

Post #477: A Councilmember’s proposal in response to the Wawa tree destruction

Something remarkable appears to be happening in response to the mistaken removal of mature maple trees at the Wawa lot.  A Town Council member is trying to fix the system so that this doesn’t happen again.  You can download Councilman Majdi’s proposal from this Google Drive link (.pdf)  This is a rare enough event in Town of Vienna government that it’s worth writing up for that reason alone.  And, separately, because it might actually work to prevent a repeat of what happened at the Wawa.

Continue reading Post #477: A Councilmember’s proposal in response to the Wawa tree destruction

Post #476: Public meetings this week regarding MAC zoning

There is just one meeting this week with some relevance to MAC zoning.

Wednesday, 12/4/2019, at 7:30 PM in Town Hall, a Town Council work session will address a planned survey of opinions about commercial development in Vienna, including MAC and other commercial zoning.

The relevant materials can be found here:
https://vienna-va.legistar.com/MeetingDetail.aspx?ID=724096&GUID=6AFBF094-74CE-43D7-95F4-5AB50093E578&Options=&Search=

Post #475: Survey

A colleague tried to ruin the last of the holiday weekend for me by asking about the Town’s proposed survey on … MAC-ish, development-ish stuff.  I decided it could probably wait until Monday morning.  In hindsight, I’d say that was the right decision.

You can access a draft of the Town’s proposed survey at the link on this web page.  This survey will be discussed at tomorrow’s (12/3/2019) Wednesday’s (12/4/2019) Town Council work session.

Formally, this item is listed as:

Discuss Draft Commercial Development Survey related to Town Council Directive to draft Amendments to Maple Avenue Commercial (MAC) Zone and Other Commercial Zoning Districts along with Related Amendments

Now, before we go one step further, I need to ask you a question:  Did you actually read all of that block of text above?  Honestly?  Or, by the time you got to the 4th or 5th dependent clause, did you choke and just skip to the end?

I think the agenda item itself sets a clear tone for what follows.

To cut to the chase:  Town Council has decided to ignore the cardinal rule of survey design (Post #415).  And so, whatever happens next, they own it.  This is the Town Council’s survey.

And I give up, meaning, I’m not even going to bother to talk about the details.  As with most of Town staff comportment in this area, all I can say is, if Town Council puts up with it, then, once again, they own it.

Instead, I’m going to stick to the basics, and just count stuff.  Turns out, counting to small numbers is a bit of a lost art in the modern world (e.g., see Post #465). 

The majority of people who read this website do so on phones (as opposed to tablets or computers).  The same holds true of most websites, including the SurveyMonkey website where the Town plans to host this survey.

So this next bit is aimed at you phone users.  I’ve taken the Town’s draft survey — all 2200+ words of it — converted to text, and copied it in below.   So this doesn’t include the graphics, and I haven’t bothered to format it.

What I would like you to do is to count the number of screens, in this ten-minute survey.  Not even asking you to read it.  Just asking you to scroll through, one screen at a time, and count the number of screens in this ten-minute survey.  And just to keep it real, if you don’t actually make it down to the last screen, I’m throwing your answer away and it doesn’t count.  Just as the Town will do with the actual survey.

Go:

Continue reading Post #475: Survey