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Peter’s Take: How Should Arlington Regulate Dockless Vehicles?

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

ARLnow.com reported last week that Arlington County plans a pilot program for dockless vehicles.

Spokesperson Eric Baillet “told ARLnow that officials are planning to unveil a ‘pilot demonstration project’ to test all manner of dockless vehicles this fall.” Baillet believes this will help to “provide structure to the deployment, operation and use of scooters and dockless bikes within the county… and gauge the impacts of these mobility devices.”

Baillet says county government plans to present a framework for County Board review in September.

Board member John Vihstadt is quoted as saying he’d be “broadly receptive to clearing the way for more dockless vehicles to become available around Arlington.”

A pilot program for dockless vehicles

Dockless vehicles present some of the same and some different challenges for municipalities compared to earlier iterations of the mobility sharing economy like Uber and Lyft. (Uber and Lyft now also are in the dockless vehicle business.)

What can Arlington learn from other municipalities?

Pilot programs for dockless vehicles in other municipalities

Other municipalities already have pilot programs. They include:

Washington DC

DC’s pilot program was launched in September 2017 and was recently extended through August 2018, WTOP reports:

Seven private companies are currently operating dockless bike and electric scooters in the District. The bike companies are Jump, Spin, ofo and Mobike. Waybots and Bird operate electric scooters. LimeBike has both scooters and bikes.

Complaints since the pilot program began have been largely about where the bikes and scooters are being left — often in the middle of sidewalks or on private property.

San Francisco

San Francisco (SF) has established a 12-month pilot program under which up to five permits may be granted. For the first six months, a total of 1,250 scooters may be permitted. If the first six months go well, the total may increase to 2,500 in months seven through 12. The increase is tied to how well permitted operators meet the standards set out in their permits.

Under the SF pilot program, per the San Francisco Municipal Transportation Agency:

[O]perators [will] need to provide user education, be insured, share trip data with the city, have a privacy policy that safeguards user information, offer a low-income plan, and submit a proposed service area plan for city approval. Operators will also need to have a plan in place to address sidewalk riding and sidewalk parking, which may include measures like locking scooters to bike racks.

[SF] is looking to the companies themselves to develop robust user education so that their customers know how to properly ride and park the scooters.

Denver

The goals of the just-launched pilot program in Denver are described here.

Virginia state law on dockless vehicles

Since Virginia is a Dillon Rule state, Arlington will need to determine the scope of its existing power to adopt a pilot program (and regulatory framework).

One relevant existing state law is § 46.2-908.1 of the Virginia Code which enables local governments like Arlington to regulate some aspects of dockless vehicle operations.

Is every desirable aspect of the pilot program (and regulatory framework) Arlington might like to adopt currently authorized under Virginia state law?

Conclusion

A carefully-designed pilot program (and regulatory framework) for dockless vehicles is a good idea.

Dockless vehicles have great potential, but also pose significant risks.

Arlington should adopt a pilot program (and regulatory framework) that maximizes the potential and minimizes the risks.

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Peter’s Take: Deferrals-Only Real Estate Tax Breaks for Low Income Seniors

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

As ARLnow.com reported, the County Board is scheduled to vote on July 14 on changes to a program that provides real estate tax relief to low-income seniors. This RETR program has been in effect since 1991.

According to a county staff report:

The RETR program provides an exemption and/or deferral of real estate taxes for qualified Arlington homeowners who are age 65 or older, or who are permanently and totally disabled. The current… program provides an exemption and/or deferral of real estate taxes for qualified Arlington homeowners whose annual household income is at or below $99,472, and whose household assets (excluding the value of their Arlington home) are at or below $340,000… In calendar year 2017, [the county] approved 915 households for RETR, resulting in $4,139,872 in foregone revenue.

$3,744,588 (90 percent) of that $4,139,872 of foregone tax revenue was for exemptions.

The ARLnow.com story explains that the County Board has been asked to make these changes to the program (among others):

  • increase the asset limit to $400,000… and allow the County to adjust that amount annually as property values and the area’s median income level changes
  • For the very top earners… — households making anywhere from $80,000 to $99,472 per year — restrict them to only applying for a deferral from the taxes, not a full exemption

County Board Chair Katie Cristol is quoted as saying:

“The goal is to tighten it and make it more effective as a program, not lower obstacles for participation. This is not a large-scale policy change.

The county should convert this program as rapidly as possible into a 100 percent deferral program

It is inequitable and unfair to Arlington taxpayers to provide the heirs of low-income Arlington seniors with the permanent windfall those heirs now are receiving from the exemption component of the current program.

In a convincing recent letter to the Sun-Gazette, Arlington activist Kathryn Scruggs captured some of these inequities:

Many other cities and towns throughout the country offer programs that freeze real-estate taxes for qualifying elder households so that they still pay taxes, but with no annual increase. That way they continue to provide revenue for the jurisdiction… The community is desperate for more schools and will need more teachers, resources and staff. Yet the county government was forced to cut staff positions and programs for [the] upcoming fiscal year because it did not have enough money.

In his most-up-voted comment to the ARLnow.com story, Arlington activist Dave Schutz similarly was spot-on when he stated:

I am absolutely unconvinced that we should be exempting ANYONE from property taxes under this program. Deferral is just fine, and it lets granny stay in her vine covered cottage, that’s an absolutely generous and appropriate thing to do. Then the taxes come [to] the county at the end… But exempting simply bumps up the inheritance for her kids in Chillicothe after she dies — why do we have any interest in doing that?

The exemption component of the current program cannot be justified out of concern for mortgage lenders

An extensive report from an RETR working group noted (Recommendation 6) that some mortgage lenders object to a deferral program, claiming it threatens their creditors’ rights. Arlington taxpayers should not be held hostage to such objections.

Conclusion

Arlington’s RETR program needs a swift, large-scale, prospective policy change: no more exemptions.

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Peter’s Take: Where’s the Financing for New Park Land?

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

In my June 21 column I recommended that the County Board cancel the aquatics center, freeing up capital for other legally permissible uses such as purchasing new park land:

the Manager’s Capital Improvement Plan (CIP) contains $0 for acquisition of new park land over the next 10 years even though Arlington’s population is expected to grow by over 30,000 during that period.

Arlington continues to fall behind other jurisdictions and Arlington’s own prior practices in providing access to park land

A comprehensive 2016 report from the Civic Federation Parks and Recreation Committee (“Civ Fed report”) documents how Arlington has continued to fall behind other jurisdictions and Arlington’s own prior practices regarding:

  • ratio of park land to population
  • dollars devoted to new park land acquisition

The Civ Fed report explains (PDF p.5):

As of 2015, Arlington County had 1,784 acres of park land within its borders. Of those 1,784 acres, 949 acres were owned by Arlington County, 700 acres were owned by the National Park Service (most of which is Arlington Cemetery), and 135 acres were owned by the Northern Virginia Regional Park Authority.

In 1995, Arlington County had 10.8 acres of parkland per 1,000 residents. By 2014 the County’s population had grown by over 43,000 residents, and the park land to population ratio had declined to 7.9 acres of parkland per 1,000 residents.

By contrast, Washington, DC, has 13.2 acres of parkland per 1,000 residents, and Fairfax County has 28.3 acres of parkland per 1,000 residents.

The Civ Fed report also traces the history of Arlington’s declining investment in acquiring new parkland (PDF p.3):

between 1995 and 2008, funding for park land acquisition per two-year bond cycle was between $4.0 and $8.5 million, with most cycles at $8.5 million. Since then… there has been a decline… Over the six years between 2008 and 2014, land acquisition bond funding totaled only $3.0 million, but [was] supplemented by a total of $5.47 million in pay-as-you go (PAYGO) annual budget allocations. Yet, the total funds of $8.47 million available for land acquisition during the latter six-year period was still far less than the $8.5 million that was typical for each two-year cycle between 1996 and 2004 (an eight-year period).

County government lacks a financing plan to acquire new park land

The Civ Fed report recommended that Arlington adopt a financing plan to acquire three acres of new park land per year for the next 10 years. My fellow ARLnow.com columnist, Eli Tucker, has documented that the cost of land across Arlington averaged $94 per square foot, equal to over $4 million per acre. That means it could cost an average of over $12 million per year fully to implement the Civ Fed report recommendation.

But, the County Manager’s latest proposed CIP contains zero capital dollars for acquiring new park land between 2019-2028. Therefore, our county government must answer these community questions:

  • How many acres of new parkland is Arlington planning to acquire over the next 10 years using other kinds of funding?
  • What other kinds of funding and how much of it?

Conclusion

Arlington needs a financing plan to acquire new park land. Cancelling the aquatics center is Arlington’s best source of capital funding for this purpose in our tight budget times.

If our county government insists on moving forward with the aquatics center, it needs to engage transparently with our residents regarding its long-term financial plan for new park land acquisition.

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Peter’s Take: Independent Auditor Off to Strong Start, Needs More Resources

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

On June 19, the Arlington County Board unanimously approved County Auditor Chris Horton’s Audit Work Plan.

Serving the independent audit function, Horton prepares performance audits, and reports directly to the County Board (not the County Manager) with guidance from the Audit Committee. The Audit Committee — comprising two County Board members, the County Manager, the Deptartment of Management and Finance Director plus three citizen-volunteers –oversees Horton’s work.

County Board member John Vihstadt played a leadership role in establishing the County Auditor position. He and Erik Gutshall serve as the current Board liaisons to the Audit Committee.

Off to a strong start

Horton’s latest report analyzes overtime payments at Arlington’s Emergency Communications Center (ECC). This audit makes important recommendations to improve efficiencies, and underscores the value and usefulness of performance audits.

Differences between the County Auditor and other auditors

The County Manager’s internal auditors look only for technical problems in the County’s financial and control systems:

  • Are things being accounted for and entered into financial systems correctly?
  • Are internal control systems operating to catch errors and irregularities?

Even the county’s external auditor issues only periodic, boilerplate opinion letters that reinforce the limited scope of its review.

Reporting responsibility outside of the normal management lines of authority provides an important check on our financial systems. See: “How should the audit committee be structured?”

County Auditor needs more resources

Horton’s Work Plan contains a series of hierarchical audit tiers, totaling approximately 18 potential audits. Based upon Horton’s own comments before the Board and logic, Horton, operating alone, probably will be able to prepare and publish only three, comprehensive audit reports between July 1, 2018 and June 30, 2019.

Thus, it would take Horton — operating alone — about 6 years to complete all 18 of the potential audits. Obviously, there are more than just these 18 audits that could yield significant dollar savings and efficiencies.

Nonpublic information I obtained from an Association of Local Government Auditors (ALGA) member confirms that an organization similar to Arlington County, with a $1.3 billion annual operating budget, should be devoting more than one, full-time, qualified auditor to the independent audit function.

Auditor/inspector general staffs that report directly to elected officials — if adequately funded — can identify savings that would more than cover their operating costs. Fairfax’s Office of Auditor of the Board has three auditors (including the Auditor of the Board). With three full-time auditors, you can see how much work it is possible to accomplish.

Conclusion

With Horton’s current constraints (e.g., no staff, a very limited budget, etc.), the county is underutilizing this important resource at the very moment it is needed most.

This is a concern. See “Why Government Watchdogs Are Worried”:

ALGA deals with these concerns all the time. When performance auditors rile mayors and department heads with negative audits, retaliation can come in the form of budget cuts, slow action on personnel requests or even suggestions that auditor functions be eliminated. David Jones, Seattle city auditor and chair of ALGA’s advocacy committee, says, “We frequently find that local government auditors are under attack.”

To get the best bang from our finite bucks, Arlington must add at least one (and eventually two) full-time, qualified assistant auditors to support the County Auditor and increase the annual performance audit output.

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Peter’s Take: Aquatics Center Wrong Priority in Tight Budget Times

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

In presenting his proposed new Capital Improvement Plan (CIP) to the County Board last month, County Manager Mark Schwartz appropriately stressed fiscal prudence and making tough choices among competing priorities.

The Manager also correctly noted the incremental needs in capital spending that have arisen since Arlington’s last CIP was adopted two years ago, including for:

  • APS
  • Metro
  • Other transportation and core community infrastructure

But, as ARLnow.com reported, the Manager tried to defend moving forward with the construction of a $60 million aquatics center at Long Bridge Park. He argued that it would be a “breach of faith” to cancel it. He also claimed:

“If we back out… nobody in the contracting community is going to bid on any of our contracts for the next five years… We’d probably… be involved in protracted litigation with [the construction company]… and our future projects would go up in price. People would build that in as a risk premium.”

The benefits of cancelling the aquatics center substantially outweigh the costs

The Manager’s conclusions about the contracting community and protracted litigation are alarmist. Contractors will continue vigorously bidding against each other for our business. We can reach a fair settlement with the construction company. At a minimum, county government should produce a redacted version of the construction contract so that it can be evaluated by disinterested, independent experts.

As for the “breach of faith,” we must weigh the great disappointment of aquatics center advocates if this project is cancelled against the lasting opportunity costs to the entire Arlington community of proceeding forward.

I share most of the sentiments expressed in the most up-voted comment to the ARLnow.com news story:

“The aquatics center is a boondoggle that should be stopped immediately. Just because it has been worked on for a few months does not mean we should continue to throw good money after bad… Arlington taxpayers will be on the hook for the deficit forever.”

I don’t agree this project is a boondoggle, but I do agree with the rest of this comment.

While school enrollment is growing at the equivalent of one new elementary school per year, and our vital Metro system still needs more funding, we should take pressure off our CIP’s 10 percent debt service limits by cancelling the aquatics center project. The costs to service our bonded indebtedness are already rising too close to those limits.

The Manager estimates net taxpayer support for aquatics center operations at something north of $1.1 million annually. This estimate is highly speculative because County government has never operated such a facility. The actual annual operating deficit could be much higher.

The net savings from cancelling the aquatics center should be re-directed toward other legally permissible uses

The Manager has confirmed that the County Board legally could reprogram the approved bond monies for the aquatics center to other park and recreation priorities. These include:

  • land acquisition for new parkland (the Manager’s CIP contains $0 for acquisition of new parkland over the next 10 years even though Arlington’s population is expected to grow by over 30,000 during that period)
  • park infrastructure (including a smaller community pool) at Long Bridge or elsewhere

Conclusion

County government has cancelled the 4thof July celebration at Long Bridge Park due to “budget constraints” while insisting that the aquatics center be built despite budget constraints. Each of those decisions should be reversed.

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Peter’s Take: Waverly Hills Flooding Exposes Flawed CIP Priorities

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

As ARLnow.com reported last week, severe flooding struck Arlington’s Waverly Hills neighborhood again on May 22.

Garages and basements flooded, and automobiles were inundated or swept away. Many thousands of dollars in damages were suffered.

Two videos capture the severity of this Waverly Hills flooding:

The Manager’s proposed Capital Improvement Plan (CIP) reflects a continuing lack of sufficient investment in stormwater management.

Six years ago, in the FY2013-FY2022 CIP, the county included at least three projects designed to mitigate flooding risks in Waverly Hills:

  • Spout Run – 18th Street between Utah & Upton scheduled from FY 2013 – FY 2014
  • Spout Run – 16th Street & Taylor to 19th Road scheduled from FY 2013 – FY 2016
  • Spout Run – 19th Street & Upton to 20th Street scheduled from FY 2016 – FY 2017

The Spout Run – 18th Street project would have constructed approximately 2900 linear feet of 72-inch storm sewer with associated manholes and catch basins between the intersection of 15th Street and Stafford Street and the intersection of 19th Street and Upton Street.

The Spout Run – 16th Street project would have constructed approximately 1700 linear feet of large diameter storm sewer along Taylor Street between 16th Street and 19th Street.

The Spout Run – 19th Street project would have constructed approximately 2000 linear feet of large diameter storm sewer between the intersection of 19th Street and Upton Street and the intersection of 20th Street and 21st Street.

As ARLnow reported, none of these projects has ever been built. When contacted about this by ARLnow.com, a county spokeswoman stated that the county is “still pursuing” those projects, yet noted that “technical challenges and funding remain an issue.”

Arlington County government lacks a comprehensive strategy for effective investment in stormwater management.

An excellent 2017 report, prepared by activist Suzanne Sundburg for the Arlington County Civic Federation (see pp. 4-6), provides important background information regarding Arlington County’s rising flood risks in this era of climate change:

“According to the 2010 Northern Virginia Hazard Mitigation Plan … Update (adopted in 2012), flooding is the single most costly hazard for Arlington County, with FEMA’s HAZUSMH estimating the loss due to flooding alone as more than $3.5 million on an annualized basis.”

A 2015 analysis using Beyond Floods (a flood-risk app) concluded: “Roughly one out of every four U.S. properties subject to flood determination for a loan origination are at risk for flooding even though they lie outside established FEMA floodplains.”

Conclusion

Mark Schwartz was not County Manager when these Waverly Hills stormwater mitigation projects were dropped from the CIP. (Were any from your neighborhood also dropped?)

But since Schwartz became Manager, county government has failed to:

  • develop a comprehensive stormwater mitigation strategy
  • allocate needed investments to mitigate stormwater flooding

Arlington’s stormwater management webpage contains some high-minded goals, but Arlington sorely lacks an effective comprehensive plan to back them up.

The Manager continues to insist that we can “maintain” our infrastructure in “good repair” with the CIP he has proposed, even as he concurrently acknowledges that our stormwater infrastructure is failing and underfunded.

Arlington should adopt a plan similar to the one in Westchester County’s (NY) Flooding and Land Use 552-page manual, which covers the following topics (among many others):

  • flooding causes and their relationship to development
  • comprehensive and watershed planning
  • successful floodplain management tools
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Peter’s Take: Neighborhood Conservation Program — End It Because You Can’t Mend It

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

In the Capital Improvement Plan (CIP) he unveiled last week, County Manager Mark Schwartz proposed cutting the funding of the Neighborhood Conservation Program (NC) from $60 million in the last CIP to $36 million in the new CIP.

The NC program should be ended because it cannot be reformed.

Why the NC program should be ended

The safety of pedestrians and need for safe, walkable streets continues to grow more acute in our neighborhoods, but the NC program cannot meet these critical needs. The NC program has insoluble problems in at least two key areas: equity and timeliness.

Equity

NC’s principal inequities arise because tens of thousands of Arlington residents are denied critical neighborhood infrastructure improvements because they are:

  • Living in areas lacking a properly functioning civic association
  • Required to have a County Board-approved NC Plan documenting all potential projects
  • Lacking consistent NC volunteer representatives to complete projects

But, Arlington cannot mandate that any — let alone every — civic association function properly.

Timeliness

The NC program’s labor-intensive volunteer requirements, including monthly meeting attendance — often for years — to gain “funding points,” and outreach and notification efforts, mean a complete NC project “process” can take anywhere from five to 10 years. If an association’s volunteer NC rep fails to attend meetings, a project can lose its place in the funding line.

A former member described her NC experience to me this way:

“[I]t is a crazy incentive system where the only way you can even get your project considered — even if you have an organized civic association (CA) — is to attend and get points for attending every meeting… Then the arguments were literally a well-organized CA with a plan that took a couple of years to do with dedicated resources from the county… vs. a couple of neighbors who don’t want a sidewalk… or a sign or a light or a something. There is no framework… to guide the conversations prior to it getting to the Neighborhood Conservation Advisory Committee (NCAC), so the NCAC becomes the breeding ground for chaos.”

But, Arlington cannot mandate that residents volunteer for any activity, including the NC process.

What should replace the NC program

In 2007-2008, county staff began assembling Neighborhood Infrastructure Plans (NIPs) to identify missing critical infrastructure: curb, gutter and sidewalk, storm drains, etc. Revised and updated NIPs can provide the tools needed to prioritize critical infrastructure projects, and rotate among neighborhoods to allow greater and fairer access to funding.

A revised and updated Complete Streets Program is one alternative funding recipient for street-related infrastructure. An alternative to the current NC process could include:

For sidewalks:

  • High priority areas, schools and urban Metro corridors could be addressed by engineers and county staff first
  • For missing links, neighborhoods could propose sidewalks directly to staff for analysis and priority

For park beautification:

A reformed Department of Parks and Recreation could allocate small sums annually and equitably so that neighborhoods could spend on their parks as they decide. Neighborhoods could request to withdraw funds for small improvements like flowers or trees or benches.

Conclusion

Arlington County should take complete control from the NC over the new construction or restoration of neighborhood infrastructure.

The county then should proceed to use its new extensive public engagement process to deal directly and fairly with neighborhood residents regarding neighborhood conservation projects.

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Peter’s Take: Montgomery County Offers Constructive Model for Career Center High School Decision

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

In a column last month, I recommended that everyone ought to keep an open mind regarding the instructional focus of an APS high school at the Career Center.

The premise of that column was that fiscal and physical constraints might combine to make it infeasible to locate a high school at the Career Center with all the onsite amenities that Wakefield, W-L and Yorktown have.

Developments over the past month make it clear what the costs and tradeoffs would be to replicate at the Career Center site all the onsite amenities available at the other three existing comprehensive high schools. In a May 7 APS CIP Work Session, it was shown that a “Full Build Out” for a high school at the Career Center site would cost $247.60 million in 2019 dollars.

This high cost, more than double what APS has ever spent on a school, would also mean that there would be far too little room available in our bonding capacity for other APS seat needs and other County priorities. A full Career Center build out could result in over 1,000 fewer seats for elementary and middle schools. Those students would need to be accommodated indefinitely in relocatable classrooms.

Montgomery County offers an attractive alternative

Montgomery County Public Schools (MCPS) offers high school choice within the Northeast and Downcounty Consortia, two clusters of roughly five high schools each, that offer unique programs. Each cluster also has provided students with specialized and attractive programs typically not found in traditional neighborhood high schools.

The lottery system used for admissions helps the district ensure that school enrollment among the high schools remains balanced, and that no school is over or undersubscribed. Rising ninth grade students rank the high schools in the consortia based on interest, and are guaranteed a spot at the school geographically closest to their place of residence only if they choose that school.

Academy and application-only programs include communication arts, the science, math and computer science magnet, International Baccalaureate and visual and performing arts, to name a few.

One high school campus in the Consortia houses both a comprehensive high school with various specialized programs (Wheaton) and a career/technology school (Edison). Wheaton partners with academic institutions like the University of Maryland, utilizes the latest design software technology and includes professional internships.

Edison, not unlike the current instructional focus at our Career Center, offers career and technology education programs and is open to upperclassmen at all MCPS schools.

For Arlington’s Career Center site, the current instructional focus could be enhanced to create a STEAM high school that fully integrates with the Career Center. As other districts have demonstrated, the demand for such a technologically enhanced career and college prep program would quickly grow.

Arlington, with its denser housing patterns, smaller geography, better public transportation and the participation of all its high schools, is in a better position to implement this or a similar model at a lower transportation cost than Montgomery County.

As in Montgomery, Arlington should consider participation in the Free and Reduced Meals (FARM) program as one of many factors that guide the student assignment process. This will enable Arlington to provide greater possibilities for socio-economic integration at the high school level than exist today.

Conclusion

Arlington should adopt the Montgomery County model.

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Peter’s Take: Choose Option 2 for Jennie Dean Park

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

Arlington’s Jennie Dean Park is named after Jennie Serepta Dean:

“A former slave, Dean … was a skilled fund-raiser, securing money from African American and white donors in Virginia and in northern cities to support her plan to open a school that would teach skilled trades to young African Americans.”

As part of the Four Mile Run Valley planning process, the County Board has been asked to choose this month between two alternative concept design options for Jennie Dean Park.

Options 1 (PDF pp. 13-14) and 2 (PDF pp. 15-16) are portrayed in a County staff report.

If the Board must decide between these two options this month, the Board should choose Option 2.

Principles for decision

The most reliable evidence of Arlington residents’ county-wide preferences for parks and recreation improvements is captured in the cross-tabs of the statistically-valid ETC survey. Every age group, as well as every geographic group, even households with children, had the same top two choices for improving our park and recreation system:

    1. Preserve trees and natural areas
    2. Acquire new parkland for passive — as opposed to active — uses

Option 2 more accurately reflects Arlington residents’ preferences

As explained in a recent letter to the editor, the Nauck Civic Association, via its President Portia Clark, unanimously supports Option 2 because:

“[T]he front of Jennie Dean Park, the portion fronting the neighborhood at Four Mile Run Drive [FMRD], will be left open for casual use. We want this area to be a gateway for the community to enter the Park. We want it to be green. We want it to be landscaped. We want it to have flowers and trees and open space.”

Option 2 would ensure that both sports fields are more distant and face away from homes in Nauck. Jennie Dean Park is entirely (100 percent) located within the boundaries of the Nauck Civic Association.

Option 1 less accurately reflects Arlington residents’ preferences

The Shirlington & Douglas Park Civic Associations support Option 1. In an online petition these two civic associations argue that choosing Option 1 “will say a lot about whether [Arlington] is a progressive community interested in planning for the future of families in Arlington.” But, neither Option 1 nor Option 2 is more “progressive” or “family-friendly” than the other option.

Some organized sports groups also believe that Option 1 is preferable because Arlington ultimately may not be able to acquire the current WETA site to incorporate into Jennie Dean Park. But, interestingly, the only option that removes playing space is Option 1. Option 2 retains all of the amenities currently there with notable upgrades in Phase 1.

Finally, the impact of new high Kelvin LED lights on the Nauck neighborhood has been glossed over. The proposed smaller lighted youth softball field 75 feet from 4MRD would become the dominant feature of the park facing Nauck after sundown under Option 1. This option would still result in unacceptable light pollution affecting park users, including Nauck residents.

Conclusion

Although no data about the costs of either option have been presented to the County Board, there appears to be a belief that if Arlington doesn’t spend or commit the money by the end of this fiscal year it will be gone forever. That seems an odd assumption, but if it is correct, then the Board should choose Option 2.

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Peter’s Take: New Approaches to Fiscal Impacts of Development

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

As our County Board Chair, Katie Cristol, said in an eloquent personal statement last month (after Arlington approved its Fiscal 2019 operating budget), the current rate of growth in our expenditures for the many things we value is no longer sustainable.

Our Chair elaborated:

“We can’t grow per-pupil annual increases in the transfer to Schools when the number of pupils are growing at the rates we’ve seen. We can’t increase the general fund contributions to Affordable Housing Investment [AHIF] fast enough to support every compelling affordable housing project, when projects a decade ago required $5 or $6 million in gap financing and current projects need $20 million.”

To enable our community to participate effectively in the hard budget decisions that lie immediately ahead, Arlington needs new approaches to quantify both the short-term and the long-term fiscal impacts of the population growth Arlington expects.

Short-term fiscal impacts

We need project-specific, prospective fiscal impact statements for each discretionary development project. New, large multi-unit residential projects do not pay for themselves. They produce more new costs than new revenues.

A recent “cost of community services” peer-reviewed survey of 125 jurisdictions nationwide found that the mean ratio was $1.18 of incremental costs incurred compared to every $1.00 of incremental revenues generated.

Project-specific, prospective fiscal impact statements were among the key recommendations of the 2015 Community Facilities Study Group (CSFG), chaired by former County Board member John Milliken. Such statements are important because they will inject vital, new, objective input into the County’s planning and budgeting.

Kinds of project-specific impact analyses

Most of our Northern Virginia neighbors already are using these tools. Examples include Stafford County, Loudoun County, Fauquier County and the City of Falls Church.

The noted regional economist, Dr. Stephen Fuller, prepared an analysis for Stafford County, and confirmed that residential development does not pay for itself. His analysis also informed an Urban Development Area presentation.

These kinds of analyses are ones that Arlington County staff could and should do internally. Advanced software is available that can be tailored to Arlington’s circumstances.

Arlington’s first steps toward fiscal impact analyses

At its April 21 meeting, under the leadership of John Vihstadt, the County Board took some first steps in the direction of fiscal impact analyses.

As part of its budget guidance, the Board directed the County Manager to develop for Board review by the end of this calendar year a plan for preparing and making public periodic, retroactive cost-benefit analyses of new residential and commercial developments on an aggregate rather than a project-specific basis.

But, greater progress is being blocked once again by the Arlington County attorney’s resistance to the CFSG recommendation for prospective, project-specific fiscal impact analyses. He is unwilling to publish his detailed legal reasoning for review by independent legal experts.

Longer-term fiscal impacts

The County and APS should collaborate to develop financial projections out to 2035 for both capital and operating budget spending, utilizing at least three assumptions: most likely case, optimistic case(s), pessimistic case(s).

The results of these projections, together with the major assumptions underlying them, should be published and shared for discussion with the community.

Conclusion

The County Board needs to deploy new approaches to the fiscal impacts of development. This will enable Arlington residents to weigh in knowledgeably on how much we should spend on each thing we value.

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Peter’s Take: Revise “Community Benefits” for Discretionary Development

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

When a developer requests a zoning change to increase allowable density, Arlington County has a set of rules under which the County can approve of such a request contingent on the developer’s willingness to agree to one or more conditions.

The County maintains a list of these “community benefits” conditions, noting in part that they are intended to:

  • “Ameliorate a project’s impacts on surrounding property, as well as any additional height and/or density or other bonuses that may be approved or modifications to Zoning Ordinance standards proposed by a developer, or”
  • “Are in exchange for bonuses and other benefits approved as part of the project.”

The County’s current community benefits conditions have failed to adequately address some developmental impacts

Rapidly increasing student enrollment rates and increasingly crowded parks are two important impacts of many discretionary development projects, particularly those involving new large multi-unit residential buildings. But, the County has:

  • failed entirely to request cash or in-kind schools’ contribution conditions
  • asked only occasionally for contribution conditions relating to park land and open space

Other Virginia jurisdictions routinely quantify impacts on schools and parks, and those jurisdictions impose conditions to ameliorate such impacts in appropriate circumstances.

Impact on schools of incremental enrollment

In Falls Church, voluntary school capital contributions have been a staple of past agreements with developers of mixed-use projects.

The Fairfax fiscal impact model has explicitly considered school impacts since 2003.

Fairfax determines a per-student generation factor by housing type, and estimates how many students are anticipated from the particular mix of housing units in each proposed development. Fairfax then computes a per-student cost for each project, which when multiplied times the number of students anticipated from the project, yields the total incremental enrollment cost that forms the basis for negotiations with the developer.

Important updates to the Fairfax model (effective July 1, 2016) are discussed below.

Impact on schools and parks of incremental usage

Under the updated Fairfax development impact model, benefits for incremental school or park usage negotiated with a developer do not have to be limited to creation or refurbishment of a school or park within the boundaries of the site of the proposed project — so long as those benefits are reasonable in amount and address impacts that are specifically attributable to the residential use component of the project.

Parks include playgrounds and other recreational facilities. Such off-site benefits must provide a direct and material benefit to residents of the proposed project. Both on-site and off-site benefits for schools or parks can include cash.

Conclusion

Neither the Dillon Rule, nor any Virginia state law, nor any Arlington ordinance expressly prohibit Arlington County from requesting a reasonable cash or in-kind contribution from a developer as a condition to address these kinds of schools and parks impacts.

Nevertheless, the Arlington County attorney insists that Arlington is not legally authorized to condition discretionary development projects to address such impacts. However, our County Attorney is unwilling to provide a detailed public explanation so that independent legal experts can examine his reasoning.

Our County Attorney’s refusal to provide such an explanation is unreasonable. If his opinion is correct, Arlington could seek legal changes in Richmond to enable us to do what other Virginia jurisdictions already do. If his opinion is wrong, Arlington should adjust its rules to enable reasonable schools and parks conditions in appropriate discretionary development projects.

File photo

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Peter’s Take: Keep an Open Mind on Career Center High School

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

Arlington Public Schools (APS) currently plans to add more than 800 high school seats at the Career Center site between 2022-2024.

Late last year, APS and the County appointed a joint working group to consider alternative options for the future development of this site.

In parallel, APS is considering what the instructional focus of this high school should be and what it will cost to build it.

The charge provided to the Career Center Working Group affirms that both the County Board and the School Board are committed to “a process to analyze, evaluate, and plan how to optimize the site in the long term within the context of existing Arlington Public Schools (APS) high schools and the broader Arlington community.”

How to decide

The final decision regarding what kind of high school should be located at the Career Center site must be made with a full understanding of the long-term fiscal implications for the broader Arlington community of APS’ seat needs at every grade level (K-12).

Any decision to commit too many financial resources to any one kind of school at any one site will mean that there may not be adequate funding for future seat needs.

Neighborhood Comprehensive High School 

One of several possible high school instructional options at the Career Center site is a neighborhood comprehensive high school with multiple on-site amenities. There appears to be significant support for this option in the surrounding neighborhood. Other communities are beginning to weigh in with a mix of perspectives.

STEAM Option High School, with neighborhood enrollment preference

A STEAM option high school, with neighborhood enrollment preference, might be a better option at the Career Center site if the direct and opportunity costs of a neighborhood comprehensive high school with multiple on-site amenities — field space, aquatic center, performing arts facilities — prove too high.

Imagine a high school with a focus on project-based learning that could utilize the existing specialized Career Technical Education (CTE) facilities and enhance them with new state-of-the-art classrooms and academic programs.

An expanded program of studies could offer AP courses, fine arts electives and classes that span diverse subject areas, in addition to the existing Dual Enrollment classes for high school and college credit at Arlington Tech and the Career Center.

Arlington has a unique opportunity to build upon its strong and growing CTE programs which align very well with Virginia’s evolving “Profile of a Graduate.”

As a specialized option high school open to all students, with a broad base of course offerings, it could have a small attendance zone to encourage walkability and neighborhood support, much like a neighborhood high school.

It also could have a broad selection of sports and extracurriculars–either Virginia High School League sponsored sports or intramural sports and activities. Rooftop field space should be studied as part of the design for this unique, multistory, urban campus.

Ideally, students from the other Arlington high schools and programs could still take CTE classes at the Career Center. This STEAM high school could be a valuable resource for all Arlington families and a forward-looking civic landmark for the communities along Columbia Pike.

Conclusion

No final decision regarding the nature of the kind of high school to be located at the Career Center site should be made without a full, transparent, county-wide discussion regarding the direct and opportunity costs of each alternative compared to other alternatives.

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Peter’s Take: Prospects Improve for Virginia Medicaid Expansion

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

Full Virginia Medicaid expansion is the top 2018 legislative priority.

I strongly support this priority to ensure that our most vulnerable citizens gain health coverage.

7,700 currently uninsured Arlington residents will have much healthier lives with full Medicaid expansion.

However, since Democrats lack a majority in both legislative branches, they must make a deal with Virginia Republicans to expand Medicaid.

Virginia House of Delegates

In the House of Delegates (HOD), the dam broke earlier this year during the regular legislative session when Del. Terry Kilgore (R-Scott), the Chairman of the HOD Commerce and Labor Committee, announced he would back expansion because, according to The Washington Post, “his struggling coal-country district would get the ‘hand up’ it desperately needs if more uninsured Virginians were made eligible for the federal-state health-care program.”

Kilgore’s announcement was key to gaining the support of a substantial number of additional HOD Republican legislators who have supported an HOD budget plan. From the Richmond-Times Dispatch:

“That would accept $3.2 billion in federal money to pay for 90 percent of the cost of expanding the program on Jan. 1, 2019 [to 300,000 Virginians], while relying on a new ‘provider assessment’ on hospital revenues to cover the state’s share of the cost of health coverage for currently uninsured Virginians whose care is uncompensated.”

However, these HOD Republicans joined Kilgore in tying their support to certain conditions and limitations:

“Kilgore said work requirements like those the Trump administration has allowed Kentucky to impose, coupled with a mandate that recipients contribute a ‘small co-pay,’ would make for “a conservative approach” to expansion.”

Virginia Senate

At least two Republican Senators now have conditionally endorsed expansion. From The Washington Post:

“One of them — Emmett W. Hanger Jr. (Augusta) — has supported certain forms of expansion for years, though he opposes the hospital tax [‘provider assessment’].”

Frank W. Wagner (R-Virginia Beach) last week authored a guest column in which he supported expansion under certain conditions. From the Post:

“Those include a tax credit for middle-income people who already have insurance but are struggling to pay soaring premiums and co-pays. He also wants to beef up the work requirement that the House wants imposed on Medicaid recipients.”

Expansion scenarios now

There are at least 5 possible Medicaid expansion scenarios:

  1. Expansion with a perk for lower-middle class. Wagner’s proposal.
  2. Expansion but no hospital tax. Hanger’s proposal.
  3. Expansion with work requirements.The HOD proposal.
  4. Full expansion, no work requirements. Northam’s proposal; unlikely to happen.
  5. No expansion at all. That’s what 19 Senate Republicans currently say they want; unlikely to happen.

Conclusion

As Governor Northam has advocated, Democrats’ long-term goal must continue to be full Medicaid expansion. But, overriding even that goal, Democrats must help people who are dying, or who are much sicker than they need to be because of untreated illnesses. For this reason, Democrats should make the best possible deal with Republicans.

Support for Medicaid expansion has been provided by leading business groups like the Northern Virginia Chamber of Commerce. This has led to major Republican support expressed by the chairs of the General Assembly’s Commerce and Labor committees. New Republican HOD Speaker Cox’s support also is noteworthy.

A final decision on Medicaid expansion probably is weeks away because:

  • hundreds of millions of spending on other budget needs are tied to Medicaid expansion
  • Senate Republican leaders want to see new revenue projections first
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Peter’s Take: Budgeting for Arlington’s Future

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

In two columns last fall, I asked: Does County government commit too much surplus revenue for spending?

Progress on unallocated closeout surplus

In his proposed FY 2019 budget, County Manager Mark Schwartz notes that he has whittled down the level of surplus funds available at closeout.

“[T]he amount of funds that are ‘discretionary’ for allocation at closeout have been reduced annually ($11.1 million in FY 2017, compared to $17.8 million in FY 2016 and $21.8 million in FY 2015). Of those closeout funds that have been made available, immediate spending has been limited to commitments already made by the Board or for emergency needs,” the budget wrote.

This is a positive step.

More budget reforms

However, of these closeout funds, the majority remaining after allocating the APS revenue-sharing portion is automatically allocated to “commitments already made by the Board.” Missing is a clear, written policy explaining how, when and why these other “commitments” were made.

The County Board essentially has allowed the manager to allocate/spend the remaining closeout funds without adequate opportunities for residents to weigh in on millions of dollars of spending.

The Civic Federation has asked that a fair and reasonable portion of surplus funds be plowed back into the coming-fiscal-year budget to reduce the need for a tax-rate increase. County officials, however, claim that best practices dictate that surplus funds be used only for “one-time” purposes since the county cannot rely on future surpluses to meet ongoing needs.

But there is no written, publicly available policy clearly defining what a “one-time” expenditure is, and this “one-time” money is often spent on recurring needs.

What experts say

At a County Board work session last spring, Public Financial Management, Inc. (PFM) described how other jurisdictions manage their fund balance accounts.

PFM noted that Fairfax, Loudoun and Prince William counties have a 10 percent operating/contingency reserve, twice Arlington’s level.

PFM also observed that:

  • Arlington’s General Fund reserve policy levels are below the median level and among the lowest in the triple-A group (Arlington’s bond-rating peer group).
  • FY 2016 is the second consecutive year of decline in the General Fund balance ratio, and this could begin to concern Moody’s, if it becomes a trend.

More County Board oversight

Too often, committed and allocated funds are established in the fund balance with substantial cash accumulating over time, apparently with little or no monitoring of the reasonableness of the balances. New York State’s Local Government Management Guide on Reserve Funds warns against this.

“Reserve funds should not be merely a ‘parking lot’ for excess cash or fund balances,” the guide wrote. 

The County Board should answer questions like these:

  • Has the financial purpose served by each reserve fund been identified and published?
  • Has a written reserve fund policy been developed and published?
  • Has the Board reviewed all reserve funds currently established, and determined if the balances in each are reasonable?

Conclusion

The County Board should draft and present to the community for resident comment written policies governing how, when and why the Board commits and allocates:

  • Funds to the General Fund’s fund balance
  • Surplus funds, including closeout funds

A portion of closeout funds could be committed to increase the operating reserve or contingency funding, until the total of such funds reaches 10 percent of the General Fund. Another portion could be committed to the coming year’s budget to build in more flexibility.

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Peter’s Take: Specific Suggestions on APS Future Facilities Planning

Peter’s Take is a weekly opinion column. The views and opinions expressed in this column are those of the author and do not necessarily reflect the views of ARLnow.com.

In last week’s column, I discussed a helpful new report on APS Future Facilities Needs prepared by the Advisory Council on School Facilities and Capital Programs.

The new report makes a compelling case that APS must pivot to a new way of thinking and decision making about capital projects. One commenter offered the following observation, “Yes of course but what is the ‘new way’? Some specifics would be nice.”

Today’s column offers some specifics.

Fiscal responsibility & long-range planning

Every future facilities decision should be made with fiscal responsibility and long-range planning as primary factors. The County and APS should collaborate to develop financial projections out to 2035 for both capital and operating budget spending, utilizing at least three assumptions: most likely case, optimistic case(s), pessimistic case(s).

The results of those projections, together with the major assumptions underlying them, should be published and shared for discussion with the community.

County & APS collaboration on site selection

The County needs to work with APS to find some sites for some new schools, starting with the next elementary in the new 2018 APS Capital Improvement Plan (CIP).

The County should adopt a land acquisition program to acquire acreage for school sites many years before the new schools would need to open. The County & APS should appoint a new task force, comprised of qualified, independent real estate professionals, to assist APS in negotiating for school space in vacant office space.

County-wide focus on locating new seats

Every decision on where to locate new seats should be made with a full understanding of the impacts of that decision on all of Arlington — not just the impacts on the immediately-proximate neighborhood.

Every community needs to be prepared to deal with some more intensified use of current buildings and sites. Congestion will grow inside and outside our schools. Every community will need to shoulder part of the burden, although the details will look different in each case.

APS & County resident-engagement

We must cut down on the average time it takes (currently up to 5 years) to get a new school on line. We also must introduce cost considerations into every stage of our engagement processes.

We need reformed civic engagement processes in which the public can weigh in early enough concerning a manageable number of budget-driving alternative options. We cannot continue with processes in which residents or staff are enabled to add one feature after another, never being told what the costs of doing so are nor that APS can afford X or Y but not both.

New CIP must include plans for enrollment growth beyond 2028

Last week’s column discussed the compelling evidence for future enrollment growth well beyond 2028. We won’t have enough capital funds or land (or money for land) to build up to 8 more schools beyond 2028 and service the debt in our operating budget. We need different (non-building) solutions to accommodate such further growth.

Conclusion

The County and APS must collaborate transparently to choose among new options for planning future facilities. Some residents may oppose each new option.

Some may not like:

  • split shifts or year-round schedules (increasing capacity by 20%)
  • using vacant office space
  • larger schools
  • centralized programs
  • using public transit for high schoolers (saving on bus parking land)

But, we must do something other than just keep building as we have.

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