Thursday, June 28, 2012

Metro-Loudoun Crime Wave Coming...Unintended Consequences?




From a former prosecutor...

"Loudoun will draw its first serious crime wave ever just from people riding the Metro from D.C. and P.G. County"
Daniel M. Gray, Esquire 


There is an possibility that Metro will have an impact on the quiet neighborhoods that surround the stations. If crime does increase, how far will it reach beyond the station areas? Hopefully Supervisors are weighing this as they form their opinions on whether Metro is good for Loudoun or not.


Saturday, June 23, 2012

$600 Million Bonus If Loudoun Opts Out of Metro - Pay $0... Risk 0...




Loudoun Board of Supervisors: Public Input
July 2 (Monday) 6:00pm
Board Room, 1 Harrison St, Leesburg



Opt Out and Loudoun Gets a $600 Million Bonus When Metro Comes to Dulles Airport
  • $600 Million in new revenue is forecasted from development around the Rt. 28, Rt. 606, and Rt. 772 station areas with rail ending at Dulles Airport. Loudoun can use this revenue for road improvements, schools, buses, and parks
  • Loudoun can expand commuter and local bus service as needed
  • Parking garage and bus dropoffs at the Rt. 28 station provide convenient access from Loudoun
  • If Loudoun Opts Out, less rail is built and that should reduce future toll hikes
  • Without paying for Metro, financing is made available for roads like Rt. 606, Rt. 7 and Rt. 50, and for schools, parks, and things that improve your quality of life
Opt In and You Will Get Buried in Debt and Taxes
  • Currently, Loudoun lacks a way to fund Rail. Special Tax Districts are proposed, but may fall through, shifting ALL the $1.5 billion expense to homeowners and businesses
  • Residential development at Rt. 772 terminal means massive needs for costly new roads, schools and other government services
  • Without federal funding, tolls will increase rapidly to fund Phase 2 of Dulles Rail
  • Rail will take much of Loudoun’s transportation funding, including gas taxes, for at least 30 years. Much-needed road improvements may be postponed indefinitely
  • Current  commuter and local bus funding will be shifted to funding the entire Metro system

Thursday, June 21, 2012

The Blank Check Boys - Identity Crisis Alert!


 "I honestly don’t know who we think we are.” 
Ralph Buona Mon. 6-18 Metro work session



Best Quote from Ralph Buona: speaking about the Higgins initiative that actually asks for some reasonable concessions before handing over direct withdrawl access to MWAA and Metro. Bouna says, 
“I was stunned. Most of these things are not within the control or purview of the board,” Buona said. “Some of these require action from Congress, the General Assembly, MWAA, WMATA, private property owners, the governor. I honestly don’t know who we think we are.”
Well Ralph please don't be timid because if you  CANNOT control it then you CANNOT accept the shaky proposal. 

Ashburn 2 Mile Tax Update Thursday, 6-21





Ashburn Update Tuesday 6-19: The Tax Pig, Opt Out and David LaRock were chastised and called liars on Tuesday evening by the Three Blank Check Boys; Buona, Williams, and Letourneau, for informing their constituents that Ashburn and Broadlands are the ground zero of the tax zone. They swore no 2-mile tax zone; it is gone they said. 











Ashburn Update Wednesday, 6-20: Tax Pig was on location at Cascades Senior Center for Tim Hemstreet and Suzanne Volpe's Metro presentation. In the 22-page summary/handout, 


THE dreaded 2-MILE ZONE IS BACK. It was one of only two funding scenarios in the presentation.  You can't have it both ways now Blank Check Boys; Buona, Williams, and Letourneau. Ashburn BEWARE.


Ashburn Update Thursday, 6-21: from Ralph Buona mass email:
"There is not going to be a 2-mile tax district and the Board of Supervisors never gave it any serious consideration. Some hard-core rail opponents having been putting flyers on doors all over Ashburn trying to scare people to believe there will be a 2-mile tax district. Supervisor Williams and I have constructed a tax district that focuses on the areas very close to the actual proposed rail stations and based upon the way we've drawn the lines, it excludes virtually ALL residential properties"


Bouna Fact Check: Tax Pig and the Opt Out group saw that Ralph, Matt, and Shawn were considering placing the tax burden right on the backs of those whose taxes they promised to lower. We alerted Ashburn and Broadlands  before they got away with it. The 2-mile ground zero district is a very real scenario, and it can be chosen at ANY time. It was shown to the people of Cascades less than 24 hours after The Blank Check Boys denied it exists. Do they think the Tax Pig prints the presentations and puts maps up on the County website? Go see it and decide whether you can trust people who deny their own information. 

Ashburn Update Thursday, 6-21: from Ralph Bouna mass email: 

"I firmly believe the Board can finance this project without an increase in the tax burden on residents. We are considering a mix of a commercial and industrial tax (C&I) and one or more special tax districts surrounding the planned stops."
Fact Check: Over half the land in Loudoun falls into a category that may be taxed by a Commercial Industrial Tax, including many rural residents.


David LaRock


Loudoun Opt Out Group

Wednesday, June 20, 2012

Four Supervisors Expose Metro's Serious Problems







Four Supervisors Disclose Rail's Serious Problems and Possible Solutions 
Last night Supervisors Clarke, Higgins, and Reid presented a summary of some major problems with the Dulles Rail Project, which would need to be fixed before they could support the project. The letter was clearly intended to fix many of the serious problems with the project, and provide Loudoun with some leverage to prevent taxpayers’ hard-earned money from going to a project that would make taxes, tolls and traffic worse. The project could be made more workable if the items the document are resolved as requested.
Supervisors Buona, Letourneau, and Williams berated the others for bringing their concerns forward, and thus exposing Dulles Rail’s problems. Supervisor Delgaudio indicated he was in agreement with the points made in the letter, but would still vote against Metro even if the qualifications were met.
Supervisor Higgins, the primary author of the resolution, is a professional negotiator, and understands that if Loudoun opt into the rail project without these conditions being met, Loudoun will lose any leverage to fix the project for taxpayers and commuters from Loudoun and the rest of the region.
Loudoun’s vote to Opt In or Out is the only opportunity we have remaining to ensure the toll increases are prevented or reduced, WMATA and MWAA are made more transparent and accountable, taxpayer liability is limited, and traffic reduction is maximized.






Please read the document, and encourage all nine supervisors to join in pushing for these common-sense changes in the agreement, before it is too late. Loudoun County’s motto is I Byde My Time, and rather than vote for the project before they can figure out how to fund it, Loudoun’s Supervisors should request the additional 5 months to Dec 1, 2102. This is the biggest financial commitment in Loudoun County history, and if we can’t do this right, we shouldn’t do it at all.
The Supervisors are under intense lobbying pressure to vote for this project. The handful of speculative developers who would profit from it are working them hard, and taxpayers have been hearing much more about the benefits than the costs. The Board will hold a Public Input session tonight. We, as taxpayers, need to encourage our Supervisors to vote the right way. Please join us to publicly support those Supervisors who want to Opt Out.







Ashburn and Broadlands Don't Want to Pay for Metro

Hello Friends,
This is the voice of people from Ashburn, where the interest is waning. The disgust will continue to grow.
Last night Supervisor Bouna presented a poll that was a new version of the "do you like shiny trains" survey. Wow, it has come to this. Experts conclude unanimously this Metro/Business Bailout project that FAILS to relieve traffic, make traffic far worse, will cripple the businesses and citizens in the county with taxation AND will drive new business away... but Supervisors still trumpet rail as the people’s choice.
The simple, obvious facts of this disaster-in-the-making are of no interest to Bouna, Williams, Letourneau, and York. That is very bad news and a strong reminder of how important a rigid vetting process is and will be in the future. Start thinking about that folks. Our work is cut out for us.
With just a little information which for the most part has NOT been provided to residents by the County, these people get it and they reject it. Instead of saying yes to a fluff survey question about rail and transportation as your survey people did, these people who comment, as Mr. Reid points out, have knowledge of cost, and so they reject the shiny train. For them it is a simple no-brainer to discern the lack of merit. 
If this proposition was presented to a corporate Board of Directors with all its uncertainty, extreme costs, and lack of any basis for expectation of providing a return, it's presenters would be laughed out of the room and dismissed for wasting the time of the board, yet some of our Loudoun Board still hold tight to the shiny train. 
Please listen to the people who elected you, they are few now, but in the months and years ahead, if you pass this, they will look to you with disgust as they realize their trust has been betrayed. 

Jennifer Nolan
While Metro Rail to Dulles Airport would be nice, there is absolutely no - repeat, no - justification for the monumental taxes and fees being proposed to pay for it. 
The Silver Line should have been built 10, 20 or 30 years ago. That the powers that were at the time were too short-sighted to see the need for the rail line then is not the fault of the people who live in the area now. 
We are getting along fine without the Silver Line and have been for years. If it is so unaffordable that it cannot be paid for without imposing crippling property tax increases (and toll hikes, for that matter), then we don't need it. 
In case you haven't noticed, dear Board of Supervisors, this economy is not yet back on its feet. There are still people in Loudoun County who are unemployed or under-employed and struggling to keep their homes as it is. How do you propose they pay for this tax hike? 
Until Metro, the State of Virginia and the Loudoun County Board of Supervisors can find a fair, affordable way to pay for the Silver Line, then forget it!

Diane Greene
Completely against the special tax district. I thought I was pro-metro but it is clear we need more answers before BOS decides on 7/4. What are the additional costs to our residents, who will pay, how long, potential increases, and how this will affect local traffic & roads, further widening of roads between Rt 7 & 50, & east/west crossroads,and how the increased development around the stations will impact the funding to our schools & class size.

Keith Hyde
Metro doesn't have enough riders now to support itself and has to be subsidized. Metro is a waste, only a few want it or use it. Most do not so why should the minority dictate what we pay for and use?? 

IF you lived in a Special Tax District, where you'd pay an additional $1200 per year, (let's round that to $100 per month) effective Jan. 2013, FIVE full years before a single train arrives....WOULD YOU STILL BE telling everyone to shut up and pay for your new toy? $6000, and not a single ride....Wow, just how MUCH money do you make? When it's coming out of YOUR pocket, you may feel a bit differently.


Friday, June 15, 2012

If the U.S. Government Can Opt Out, Why Can’t Loudoun?

Could it be That We Have Something Backwards?

"How will Loudoun County pay for the Silverline now that the Federal government has opted out?",  This question has yet to be resolved, and probably never will be. That is because everyone wants the Metro when it is free but nobody likes it  nearly as much when they get a glimpse at the price tag.

In the last few weeks the Loudoun supervisors have studied this important decision, which they inherited from another time and another Board who bought into an idea without any set terms or costs. Some Supervisors are willing to do what the Board should do; they are questioning this proposal

The fact is we are not getting good answers.  Its time to start asking the right questions. Just forget what the pro-rail press releases say for a minute and think about these questions.
  1. How can the transportation needs of Loudoun be addressed efficiently?
  2. Does Rail to Dulles and Loudoun work for us?
  3. Are there benefits that justify the costs?
  4. Should the public be burdened with the costs?   

Gabriel Roth
Randal O'Toole
 Randall O’Toole
Loudoun Opt Out Group offers this information from Gabriel Roth and Randall O’Toole, who have studied similar projects all over the world. Analyzing and reporting on tranportation is what they do. They have offered input that should carry a lot of weight considering Loudoun is now looking for ways to buy a tranportation product that may be a poor fit for the County's needs. Randall O'Toole also has  the novel idea that transit could be privatized and the users would be the payers.


The RCLCO Study said no net increase, just a shift of business. The 2004 FEIS said no significant improvement in traffic for $6 billion. A purchase that is a mismatch and that will become a permanent liability is nothing to rush into.


Here are some suggestions to get around  some of the problems with the project:

Is Loudoun In or Out by Default- Who Can Act?




Update from Jack Roberts, County Attorney 
6-20-2012

After the work session last week, I re-read the relevant provisions of the Funding Agreement.  The County has agreed to notify MWAA, within 120 days of receiving preliminary engineering,  if it will participate in the funding of the project.  The agreement is silent on the consequence of the County failing to notify MWAA within the agreed period – there is no default “opt in” set out in the agreement.  I have followed up with the Board to correct my comments at the work session. 
I also can assure you that Mr. Hemstreet will be taking no action binding the County to anything without proper Board authorization.
I apologize for any concerns that have been caused by my comments at the work session.
Jack Roberts

=================================


Ken Reid asks for clarification...

As Loudoun County Supervisors approach the final deadline the Funding Agreement for Dulles Rail, there are some very curious interpretations of clear and straight forward language contained in the 2007 "Funding Agreement" and the two amendments to it. They relate to whether Loudoun is in or out by default and who needs to act to finalize the agreement.

If, for example, there were a tied vote, it is not clear how or if Tim Hemstreet should act. This is especially odd given that the vote may occur after close of business on July 3rd, before a holiday.

Where will this leave Loudoun? What action will Hemstreet take, if any? Will the orders come from Scott York, who is the hardcore pro rail Chairman? Now that the Loudoun County Attorney is on the record making statements that appear to contradict the "Funding Agreement," County Administrator Tim Hemstreet may use his authority under this agreement, and act based on the opinions of County Attorney Jack Roberts, to finalize the single largest financial commitment by mistake. If Mr. Hemstreet shares a misunderstanding of the opted in or out question, he might act improperly. 

Either Jack Roberts is confused or there is some funny business going on. These are two very important questions.

Question 1. Is Loudoun in or out by default?

Reply by Jack Roberts


 "If you do not take action by July 4, you are in…” 


Roberts comments do not concur with documentation. In 3 places there is a reference to Loudoun's need to accept the terms. This puts Loudoun out and requires an opt in action to change that.

1.   
MEMORANDUM OF AGREEMENT BETWEEN US DOT, VIRGINIA, FAIRFAX, LOUDOUN, WMATA, AND MWAA Page 1 of 14 MEMORANDUM OF AGREEMENT 

AMONG UNITED STATES DEPARTMENT OF TRANSPORTATION,

COMMONWEALTH OF VIRGINIA,

FAIRFAX COUNTY,

LOUDOUN COUNTY,

THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY,

http://www.dot.gov/affairs/2011/FTADulles.pdf

WHEREAS, the Funding Agreement provides, among other things, that Fairfax and Loudoun shall notify MWAA whether each respective county will proceed with its financial participation in Phase 2 of the Project within 90 days following receipt from MWAA of documents comprising 100% preliminary engineering for Phase 2, documents supporting the amount of the cost estimate for Phase 2 at 100% preliminary engineering, and documents demonstrating how that cost estimate was developed and computed; and

 ---------------------------------------------

2.  
 This Amendment to the original "Funding Agreement" uses the same wording:

http://www.mwaa.com/file/Tab_B-5__Approval_of_the_Third_Amendment_to_the_Dulles_Toll_Road_Permit_and_Operating_Agreement.pdf

page 3

“WHEREAS, The Funding Agreement provides that Loudoun and Fairfax Counties shall have 90 days following their receipt of the Phase 2 preliminary engineering materials in which to review the materials and notify the Airports Authority whether they will financially participate in Phase 2 of the Project (“Review Period”);

------------------------------------------------------------------------------------------
3. This uses the s
ame wording as on page 7 of the original "Funding Agreement": 

http://www.metwashairports.com/file/dtfundingagreement.pdf 









Question 2.



Ken Reid,  “...does the staff have the authority to finalize our agreement with MWAA and Fairfax without Board input...?" 

Reply by 
Jack Roberts:
 “NO…this is the funding agreement that the Board entered into... that gives you the opportunity to back out of the project, within this time period that we’re in. If you take no action, you, the Board, are in.”   


Again Roberts comments contradict the written agreement.

 On page 4 section 2.1 of the Funding Agreement (link below), the county Administrator is Loudoun's designated representative in this agreement and is authorized to act on behalf of the County. 



"For purposes of committing the funding partners on funding matters, only the funding partners representative shall act, there shall be no substitutes..."


http://www.metwashairports.com/file/dtfundingagreement.pdf

The "Funding Agreement identifies the Loudoun County Administrator as Loudoun's representative.
______________________________________________________________

BOARD WORK SESSION VIDEO CLIP TRANSCRIPT

Video: http://youtu.be/E1Vo6nAMuPM

Time stamps from original Board Meeting video.

Ken Reid 2:03:38 Jack, under this 2007 agreement, are we allowed to say on July 3, or even June 19, we will opt in

2:22:24 “…On the Record, even though I’m sure this has been covered before, does the board have to take any positive action in order to stay in the project? As it currently stands, does the staff have the authority to finalize our agreement with MWAA and Fairfax without Board input or action, Mr. Roberts?”

Jack Roberts 2:22:43 ”If you do not take action by July 4, you are in… that is my understanding

Reid 2:22:50 “But staff has no authority to do it? Staff has no authority to make a decision?”

Roberts 2:22: 56 “NO…this is the funding agreement that the Board entered into, that gives you the opportunity to back out of the project, within this time period that we’re in. If you take no action, you, the Board, are in.”

Reid 2:23:14 “We’re in, and we can’t say ‘we will opt in, with these conditions,’ we can’t say ’we’re setting up the tax districts,’ we can’t say ‘we don’t want buses capped on the Airport Access Rd’ (that was a good point Mr. Letourneau made)”

Roberts 22:23:25 “Could I address the whole issue of conditions? Because, on a staff level, we have talked about this whole idea of could we do a conditional Opt In, or a conditional Opt Out, however you state it. I think it’s going to be very difficult to put a condition on, that is a condition that you’re going to do something in the future, as opposed to a condition where you’re asking something of MWAA (Chairman York interrupts: “MWAA with not doing the PLA”). To my mind, if you say ‘this is conditional on us doing something, you have essentially Opted Out.”

Reid 22:24:02 “They gave us 30 days extra, and a lot of people didn’t think they were going to give us thirty days.” (Sup. Buona interrupts)

  =============================================

BOARD WORK SESSION

DULLES CORRIDOR METRORAIL PROJECT – PHASE II

Agenda

Board Room

Monday, June 18, 2012

6:00 P.M.




I. Call to Order – Vice-Chairman Clarke
II. Information Items – Finance Meeting #4
  1. Recap of Previous Finance Discussions (Hemstreet)
  2. Discussion of Projected Staff Resources (Mays)
  3. Rail to Dulles Opt-In Consideration (Vice-Chairman Clarke)
III. Adjourn


=============================================

http://www.youtube.com/watch?v=E1Vo6nAMuPM