Monthly Archives: July 2010

Well, gosh darn it. How’d that wad of cash get in here?

wad of cashAs my able colleague tells us, over 40 Loudoun projects are being funded by the American Recovery and Reinvestment Act – and he names a few of them here. One Loudoun recipient that he discovered but did not name is this one, awarded the amount of $1,800 for the purpose of “reviewing applications”: Patrick J. Nolan, resident of Leesburg and Vice President of…wait for it…Prison Fellowship Ministries.  Prison Fellowship is of course the creation of one Chuck Colson, the “hatchet man” of Watergate turned “conservative Christian” bully, and it happens to be headquartered – tax-free – in Loudoun County. (For background on my concerns about Prison Fellowship activities, see Prisoner reentry initiative: Beware of manipulated data and Your tax dollars at work: Funding religious discrimination.)

It was embarrassingly easy to find pages of material produced by Prison Fellowship and its associated “Colson Center for Christian Worldview” deriding the American Recovery and Reinvestment Act as “statism” and promoting the view that government “intrusion” in such matters as an imploding economy is “unbiblical.”

Here, Mr. Colson himself says that “the so-called stimulus package was nothing more than a pork-barrel potpourri of political favors,” and here he refers to it as “a buffet of $800 billion in what I can only call one of the biggest grab-bag boondoggles in American history” (there appears to be a food theme). I think this is my favorite, though. In this piece, Colson complains about the stimulus package (and government assistance in general) because it might lead to lower religiosity. You see, if people in need are receiving help from their fellow citizens in the form of government assistance, they are less likely to seek help from churches and have their (voting, one suspects) behavior directed by the religious authorities favored by Mr. Colson.  

Other Prison Fellowship writers refer to leaders “who fritter away trillions-sapping our economic vitality and options-on second-tier issues such as “economic stimulus,” “disagree with the stimulus package as a matter of economic principle,” rename it the “Generational Theft Act,” and call it a “covert strategy” to “overthrow capitalism.”

It just goes on and on.

As we also know, Congressman Frank Wolf (who is in turn heavily promoted on all the Prison Fellowship media outlets) voted against the Act. I expect that Congressman Wolf will contact Mr. Nolan immediately about his breach of principle.

Put it back in the “grab-bag,” Mr. Nolan. You should be ashamed of yourself. Give it back.

Wolf Running Scared

The office of Jeff Barnett, Democratic challenger for Virginia’s 10th House district seat, issued a press release today stating that Rep. Frank Wolf has refused Mr. Barnett’s call for one debate in each of the counties that comprise the district.

In a statement from the release, Mr. Barnett said:

(V)oters – wherever they live – deserve to see their candidates debate the issues that matter to their communities. Having those discussions is one of the obligations – and privileges – of public service. It’s disappointing that Frank Wolf doesn’t agree.”

It’s not surprising that Rep. Wolf is running scared. Voters are angry at the stalling and obstructionist tactics being practiced by the Republican party these days, and there is also a true anti-incumbent message coming from the voters. A 30-year incumbent who has voted against such measures as affordable health care for all, financial aid reform for college students, and who sided with the Wall Street banks and Big Oil over his constituents should be running scared. Wolf wants to limit debate in order to keep the voters of the 10th District in the dark with regard to his abominable voting record.

The 10th District deserves much better than continued obstruction and obfuscation. It’s time to put someone in Congress who will be accountable to his constituents, who will solve problems in our time and on our dime, and who will not try to run away from votes that run anathema to the well-being of the citizens of his district.

That person is Jeff Barnett.  

Smart Transportation Meeting Tonight

Ft. Evans IntersectionSupervisor Kelly Burk has made a career of being smart. From teaching our kids to serving on the Town Council, she has made a life of thinking critically, explaining thoroughly, and making decisions based on facts and data. It’s why she voted against Kincora, and fights for development done right here in Loudoun.

Tonight, at the County offices, there is a presentation on doing growth right. It’s called “Smart Transportation-Are you Ready for the New Paradigm?”

Wednesday – July 21 – 8:00pm

Smart Transportation-Are you Ready for the New Paradigm?

BOS Room; LC Govt. Center 1 Harrison St. SE, Leesburg, VA

Contact:  Supervisor.kelly.burk@loudoun.gov or (703) 777-0203

Loudoun’s Countywide Transportation Plan was adopted last month amid much public discussion about its pros and cons. Many residents complained about its negative impacts on communities and provided the Board of Supervisors with an analysis that challenged the assumptions of the Plan, while the business community and others expressed concern about killing Loudoun’s economic future through gridlock. Is the adopted Plan sufficient to address our transportation problems? What can we do in the near term that can make a real difference? Are there solutions that both improve economic development opportunities and livability?

In a 45-minute presentation, Lockwood and De La Espriella will discuss the problems generated by the conventional transportation model and community benefits that accrue from a range of creative transportation and design solutions. The presentation will be followed by a short question and answer period.

The presentation is sponsored by the Piedmont Environmental Council, which has been involved in smart growth for a long time. In light of the hubbub over the alternative CTP that was circulated earlier in the debate, it’s great to see Supervisor Burk doing her part to gather and disseminate facts and public discussion over these questions.

Come out this evening and join the conversation* about transportation in Loudoun.

(*Note: Conversation, not shouting match.)If you can’t make the meeting tonight, Kelly is holding one of her regular coffee’s on Saturday. She’s always available to talk to her neighbors here in Town.

Koffee with Kelly

Saturday, July 24 at Tavistock Farms

Supervisor Burk will be hosting a constituent coffee at the Tavistock Farms Clubhouse, 880

MacAlister Dr., SE, on July 24th at 10:00 am.

Stop by for coffee, donuts, and an informal chat with Kelly about town and county issues, or just come by and say hi!

Loudoun’s Recovery

Loudoun StimulusAmid all the arguments over development, swale and freedom of expression, Loudoun quietly is recovering from the Great Recession. Unemployment is falling (even as the Senate finally overcomes Republican obstruction to help those still without jobs), and there are plenty of shoppers at the Leesburg Corner Outlets every weekend.

It should be noted that this recovery is made possible, in part, by the over 40 projects funded by the American Recovery and Reinvestment Act. From Leesburg to Round Hill, Sterling to Aldie, stimulus funds are helping create and sustain jobs and spur growth.

Follow below for a summary of a few of these projects.Throughout Loudoun, millions (if not billions) of dollars have been made available by the Federal Government to keep our economy on track. And that money is doing just that, enhancing health care options in Leesburg, creating jobs in Ashburn and fixing roads all around the County. Here are just three examples:

  • Cornwall Medical Center – Loudoun Community Health Center, aka the Cornwall Hospital, is receiving over 1.3 million dollars for capital improvements and increased coverage for people who need local health services in Leesburg. Stimulus money has helped Cornwall retain and hire new staff to the tune of over 18 jobs, right here in Leesburg.
  • Windy Hill Shelter – This important shelter for our neighbors in need received funding for energy efficiency improvements, including rehabilitation of 11 units and installation of solar panels to help defray energy costs. This is spending money now to save money later. It is an investment in the people, and future of Loudoun county.
  • Head Start – Over a million dollars has been invested by the ARRA in Loudoun County’s children through various awards to the Head Start program. This has created jobs in Ashburn and elsewhere and helped ensure that all Loudoun’s kids have the best foundation for their future.

And these are just three examples, a very small sampling of the dozens of programs and projects benefiting from the strong stand that our President and our Democratic Congress took in 2009.

The change we need began with the first bill of the new Congress in 2009, and has not stopped since. From Federal funding for recovery through dozens of projects to school loan reform that helps send our kids to college to health care reform that will keep those kids covered when they graduate, to credit card and Wall Street reform, this Congress and President have been watching out for us. Putting America, and Loudoun, back on the right path.

We will do well to remember that in November.  

Solving the holiday display impasse

“At some point — maybe only once in their life — everyone agrees with the ACLU,” Kent Willis, director of the Virginia chapter of the ACLU told the Washington Post.

Because at some point, each of us will manage to offend someone else with our freedom of expression, and the ACLU will be there to remind that person that there is no Constitutional right to not be offended. As a general rule, it’s the right to express “unpopular” views that needs a Constitution to defend it, but it’s good to have an occasional reminder that the principle applies across the board.*The ACLU sent a letter to the Board of Supervisors yesterday in advance of the public hearing, urging them to keep the Courthouse grounds open as a public forum for all who wish to erect a display. This puts the allegedly “liberal” group on the same side as Dick Black (who made a predictably kooky “War on Christmas” public comment) and Eugene Delgaudio, a detail that was lost on none of our local media.  

Since viewpoint discrimination is not an option on public property (and as much as certain parties might wish otherwise, they know better by now than to say it), the choice is between “all” who wish to express themselves, or “none.” I admit to having been on the fence about this one. The right to free expression is a fundamental liberty, as most of those advocating for the “all” position are pointing out. The best antidote to speech that offends is not censorship, but more speech. So when the Klan or another hate group inevitably demands the right to erect a display in the public square, that’s just the price of being a free society. There is no right to not be offended.

“We should all be supportive of preserving traditional town center forums,” says Willis in the ACLU letter. “They are not only an important part of our cultural and political heritage, but also of our ongoing vitality as a nation.”

And he’s right about that. But hold on – why the Courthouse? If the issue is having a forum in the public square open to all, why is it important to use the Courthouse when there are other centrally located public sites – like the Loudoun Government Center or the Leesburg Town Hall, which the Town Council has already offered?

As critical as the right to free expression is, there are other interests just as fundamental. Sometimes there’s a situation in which equally fundamental rights are in conflict – which is why then-Chief Justice nominee John Roberts’ remark that judging is just a matter of “calling balls and strikes” will go down as one of the more thoughtless and shallow in the history of judicial nominee hearings. If weighing such competing interests was so straightforward, we wouldn’t need that branch of government.

This decision happens to involve one of those competing interests situations, because one of the interests is equal justice. As a leader from one of our religious communities explained the other side of the argument to me, the Courthouse is different from other public spaces because it represents the principle that everyone (in theory, at least) will be treated equally under the law. Anything that could be a barrier to someone seeking justice (and that could easily take the form of a display expressing hostility to that person’s identity or very existence) doesn’t belong at a courthouse. There are faith communities that were invited, but chose not to participate in the interfaith holiday display two years ago, and the location at the Courthouse – not just any public space – is the primary reason.

Significantly, Judge Horne, whose decision years ago allowed the original display of the holiday creche, has asked for the judges to be “given the opportunity to consider, should they wish to do so, the impact of the use of the grounds on the operation of their Courts.” Supervisor Delgaudio cast the only vote this morning to deny that requested delay. My conclusion? He cares less about governance than about politics, or rather politicizing a conveniently inflammatory issue – which is nothing new. That conclusion is supported, robustly, by the fact that he and/or his aide were busily making phone calls all day exhorting his followers to attend the hearing, and the related facts that virtually every pro-display speaker was identifiable as a Republican activist, and that Suzanne Volpe was holding court in the back of the boardroom, bloviating about “putting God back in government.” In fact, the public hearing was indistinguishable from an LCRC meeting, minus the “moderate” wing.

So this is, notwithstanding the appearance of genuine constitutional issues, in practice about nothing but politics. Fortunately, there is a solution that addresses both competing interests. Apparently, when this came up last year Supervisor Miller suggested moving the whole shebang to a different public location. As noted earlier, the Leesburg Town Council has already said that if the courthouse grounds prohibition is reinstated the displays can be erected on the Town Hall grounds instead. An added benefit is that some voices excluded by choice from the courthouse location would join the public forum. This seems like a very reasonable compromise. For those for whom the issue is access to a public forum open to all (the ACLU position, and my position) this should be satisfactory. For those who are still unsatisfied, they will have the opportunity to explain why the expression of their views must be linked to the visible symbol of equal justice in our community.

* In fact, the ACLU is always neutral in upholding the principle of free expression, and applies it without regard to content. As a side note, this raises some interesting questions about the purpose of the sound-alike group “American Center for Law and Justice,” with its claim to be the only group defending the expressive rights of Christians. Since in reality the ACLU already defends the right to all religious expression in accordance with the Constitution, as we see here, what is it that the exclusive ACLJ is intended to do?

Links We’re Reading – July 12-17 2010

Because summer is the time for linking.

“I’ll need the morning-after pill,” she told him.

Dr. Gish looked up. He was a trim, middle-aged man with graying hair and, Boyer thought, an aloof manner. “No,” Boyer says he replied abruptly. “I can’t do that.” He turned back to his writing.

Fear Not the Swale

In her acceptance speech when receiving her recent Chesapeake Climate Action Network award, Supervisor Andrea McGimsey said this: “Just start wherever you are, and DO something.”

So we did. We had rented a skid loader for another project, and while we had it onsite we also built a bio-swale to better manage the flow of rainwater through our yard. “Swale” is a term that’s being used a lot in the ongoing kerfuffle over the Chesapeake Bay Protection Act and its application in Loudoun, so let’s start by clarifying what one is. Although we have seen the terms used as if they are interchangeable, a swale is not the same thing as a drainage ditch. Drainage ditches are what VDOT installs along the roads; their purpose is to direct water off the road surface and then down grade parallel to the road, into some larger conduit, and eventually into the bay. The purpose of such drainage ditches in residential developments appears to be getting the water away from the property as quickly as possible, before it gets anything wet.  You can see this application in a conventional Loudoun residential development here.  

swale01An actual swale of the sort under discussion here has a very different purpose – retaining the water. A swale is constructed perpendicular to grade. Its purpose is to interrupt the flow of water down a slope, slowing it down so that it has a chance to percolate into the soil. The occupant of the land benefits because the swale retains moisture to grow plants without supplemental watering, and the rest of the community benefits because it filters and reduces the storm runoff that overwhelms and sickens our waterways at the same time that it recharges our groundwater. Our swale has the added benefit of creating a level area under our clothesline.

The swale that we built is the most basic manifestation of this principle – simply a long, shallow depression cut along the contour of a slope with a berm on the downward side, like this:

Our house is built into a hillside. Those of you who have built houses here know that the final inspection for occupancy requires the site to be “seeded and mulched.” Having just built a house, we were tired. Consequently, that seeded and mulched hillside had stayed exactly what it was: a long, unbroken grassy slope, down which rainwater flowed unimpeded into the stream, then into the creek, then into the Potomac River at the bottom of the mountain. There was plenty of riparian buffer before it got there, but I’d rather keep that water up here where it’s useful for growing food. Both the problem and the process for addressing it are illustrated in the photos below.

grassy slope   digging along contour

digging along contour2   finish grade

As the post linked above describes, conventional stormwater management is centralized and requires engineering and materials to which the average homeowner does not have access; it cannot be, in other words, a DIY project. Under conventional design, the homeowner is dependent on Those Who Have Concrete and Big Machines to magically whisk the water away – and then typically must buy the water back for irrigation.

Low Impact Development design is different. Because it is decentralized, with its elements distributed across a project, individual homeowners can apply a single practice that works for their site, like our swale. Communities can pool resources to improve the water management of a common area, and – even better – developers can design projects from the ground up using Low Impact Development practices, which would both conserve our water resources and save significant costs over conventional development. These decentralized practices don’t require large-scale infrastructure maintenance, such as land-devouring retention ponds and huge concrete culverts. They can be built and maintained by ordinary people using basic landscaping equipment, enabling a diversity of small local operators and businesses to thrive.

Start where you are. Just do something. This is individual responsibility and empowerment, the antithesis of reliance on government agencies and big corporations to solve our problems. If individuals, communities and developers decided to solve the problem of our degraded waterways, there would be no need for a Chesapeake Bay Protection Act to argue about in the first place.  

Loudoun is Growing Again

I was at the special meeting of the Loudoun BOS Monday night, July 12,  when five members of the Board – Scott York, Susan Buckley(DEM), Eugene Delgaudio, Stevens Miller (DEM), and Lori Waters – approved the Kincora application, which includes 1,400 residential units in an area planned as the County’s premier employment center.  I was deeply disappointed, as was Supervisor Jim Burton who sent an email to me that I am quoting from here. Many on the BOS  professed a commitment to stand by the County’s Comprehensive Plan and to understand the fiscal correlation between residential development and higher taxes but voted for this. The public had no opportunity to speak to the Board on the final version of the application, some items which only surfaced on MONDAY, hours before the vote!

In summary, Mr. Burton and my main concerns are:

1. The current glut of office space in the region and in the County and the failure of other local mixed-use developments to flourish do not provide great confidence that this project will succeed.  

2. The proffers, as adopted Monday night, almost force the Board to establish a Community Development Authority (CDA) to finance the necessary road improvements in a meaningful timeframe.  CDA’s are an inherently risky financial bet with implications for the County’s fiscal health.

3. The loss of tax revenue for repayment of the Route 28 Improvement bonds due to the ridiculously low buy-out requirement for residential units. Do we need more housing when there are so many units in being (many for sale) and many more on the books)?

Kelly Burk did her best along with Andrea McGimsey  and Sally Kurtz to stop this but failed.  It is not too late to get this done correctly since their other issues related to this project that will need to be resolved.  Let your Supervisor know that you want this done right and at no cost to taxpayers.

Tony F

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