Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

The Virginia General Assembly is considering a bill to grant police and sheriff’s departments virtually unlimited latitude to refuse to release the names of its officers via Freedom of Information Act requests.

Senate Bill 552 passed the Senate on a 25-15, bi-partisan vote. It would classify all officers names as personnel records, exempting them from mandatory disclosure. By all accounts, it is the most sweeping measure of its kind in the country.

Governor McAuliffe has thus far been silent on the bill. The House of Delegates is holding hearings today.

Supporters claim the bill is necessary to protect our law enforcement officers from the threat of deadly retaliation. Opponents, both on the left and right, warn it goes far beyond safety and essentially would create “secret police” in Virginia.

The bill is being heavily scrutinized as it should be. Any time an agency that exercises the police powers of our government wants to become in any way less transparent and less accountable, it warrants the most intense public scrutiny.

Clearly, the safety of our law enforcement officers is critical. No one would argue, for example, that an undercover officer should have his or her identity revealed while they are in harm’s way.

However, this bill appears to have come about because a news organization was interested in whether officers with disciplinary problems in one department were finding work in departments elsewhere. If so, Virginians are right to be concerned about its origin along with its potential implications.

Our law enforcement officers deserve our respect and deserve to do their dangerous jobs in the safest manner possible. At the same time, the public deserves the strongest levels of accountability from those who can deprive them of their liberty. In fact, the bill’s supporters should be concerned such secrecy could erode public trust with law enforcement.

The bottom line is, there are serious questions about whether this legislation is warranted, and the Members of the General Assembly and the Governor must carefully consider all of its implications.

Mark Kelly is a former Arlington GOP Chairman and two-time Republican candidate for Arlington County Board.


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

The Arlington County Board today heard a presentation from County Manager Mark Schwartz on his proposed budget. (As of Wednesday night, when this column was written, the details had not been posted online.) It will be the first look at where the Board may be headed for FY 2017. And if history is any guide, it will not be without at least a few minor controversies.

The County Board’s guidance late last year directed staff to prepare a budget that did not raise tax rates. However, it has been the practice of the Board in the past to advertise a tax rate increase even with such guidance.

Some have argued that ongoing concern about the taxes we pay is overblown or somehow anti-government. But longtime homeowners here in Arlington know that our out-of-pocket property taxes over time have increased at a rate much faster than the rate of inflation.

Many ask, as they should, are they getting a good return on their tax dollar? Are potholes being adequately prioritized over gondolas? Is public safety adequately addressed before theater bailouts? And, what exactly is the plan to meet school enrollment increases?

Some may argue it prudent to advertise a higher rate and give the Board options in case revenue estimates fall dramatically over the next two months. The Board will almost certainly call it giving themselves “flexibility.” Flexibility usually means a reason to ignore their guidance and spend more later.

Here are three reasons the Board should advertise a flat tax rate for fiscal year 2017 and entertain the possibility of a rate cut:

1. The Board just added a new audit function as a nod to fiscal responsibility. Why not give the new office a year to make recommendations on changes the Board can make before even entertaining a rate increase?

2. The average homeowner’s taxes are going up even with a flat rate simply because of increased assessments.

3. If the last decade plus of history is any indication, revenues will comfortably exceed estimates – again. The “worst” thing that will happen is the Board will have a few million less on hand to spend at the end of the year in the closeout process.


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

Thumbs up to new County Manager Mark Schwartz for seeking out public input at a forum February 24th on how to better respond to and recover from major snow events. I know one burning question for many parents is, should it really have taken an entire week after a major snow event to return to school?

Let’s face it though, we do not have major snow events inside the beltway on a regular basis.

There is no need for the county to spend millions on heavy snow removal equipment like they may have in many places to our north. However, improvements to the contingency planning for such events may be in order.

County officials and the Virginia Department of Transportation should focus on how can we avoid the rush hour disasters of 2-4 inches of snow that fall just as millions in the area are heading home from work. Regional officials, most certainly looking ahead to “Snowzilla,” essentially ignored the snow forecast two days before the blizzard which resulted in hours of gridlock.

It is not the first time a smaller snow event timed with the commute home wrecked havoc on the region. It certainly seems like a more pressing problem than figuring out how to move 20-30″ of snow off county streets once every few years.

For both the major and more minor snow events, hopefully the forum is worthwhile in fostering practical solutions for the future.

A big thumbs up to all the police officers, firefighters, health care professionals, and County emergency personnel that worked during the storm. As we hunker down in our homes, we can forget about the people who are working to make sure we are as safe as possible.

Thumbs up to good neighbors. I don’t know about your street in Arlington, but I find a storm often brings out the best in a neighborhood. Neighbors spend time helping neighbors. Children of all ages play together. Long conversations replace quick hellos. Not to wish blizzard conditions on the county all the time, but it’s not so bad every once in awhile.


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

In every press release, Arlington refers to itself as a “world-class residential, business and tourist location”. It ends the standard paragraph with “Arlington stands out as one of America’s preeminent places to live, visit and do business.” It is easy to find support for that statement and fault with it, depending on who you talk to in Arlington.

Our main economic engine, the federal government, is not going out of business any time soon. The question is, will Arlington put itself in a position to maximize the health of our economy to withstand any BRAC-like changes in the future? And, will it do it by empowering businesses to grow rather than by taxpayer-funded shiny objects like streetcars, swimming pools and gondolas?

Now that Mark Schwartz* is our County Manager, I hope he will accept the challenge to look at every aspect of Arlington’s budget and ongoing day-to-day operations. If he takes a reform-minded approach rather than embracing the status quo, we will all be better off for it.

Over the next two weeks Schwartz and his team will put the finishing touches on the Manager’s proposed budget.

If you read the Budget Guidance from the County Board, it does represent a fairly fiscally responsible path forward. No tax rate increase. Consider tax rate cuts if revenues exceed 2.4% in growth. Present options for program reductions or eliminations as well as for the elimination of duplication and inefficiencies, including partnerships with the school system.

The Board has been known to ignore its own guidance before, and could very well do it again, but this is a good place to start.

The Manager should also put in the FY 2017 budget proposal parameters for closeout spending. What projects does he support spending extra revenue on or would he support giving that money back to the taxpayers? By doing so, the closeout process would be subject to the same scrutiny in public budget hearings as every other line item in the budget.

Finally, the Manager should also give a detailed report on the revenue estimating process. As noted in this column multiple times, revenues in recent history have without fail been underestimated when the budget is passed. This is what gives the Board the opportunity to spend tens of millions each year in the closeout process.

Speaking of the Budget, A Word on Bikes

When it comes to the Bikeshare program in the region, it seems few people care deeply about it as an issue. But the ones who do have extremely strong opinions on it, on both sides. Whether you’re for it or against it, one thing is for sure, eventually it’s cheaper to buy every Bikeshare member their own bike and lock.

*Last week I failed to properly proofread my column and referred to Mark Schwartz as “Michael”. For those who missed the correction, my apologies again for the error.


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

Missed Opportunity

The announcement that Acting County Manager Mark Schwartz was elevated permanently to the top post comes as a surprise to no one. It does represent a missed opportunity to change course in Arlington.

The Board undoubtedly viewed their last attempt to bring in an outsider on as County Manager as a failure. Michael Brown’s short tenure ended when he and the County Board did not see eye to eye. While Brown graciously offered an excuse of his wife’s health when he resigned, it is no secret that the Board did not like having a County Manager who desired to do things differently.

The Board then elevated Barbara Donnellan, a long-term county employee to the post. Donnellan certainly was by all accounts well-liked and well-respected, a quality not to be taken lightly. More importantly to the Board, she was well entrenched in the status quo way of doing things in Arlington and already had an established reputation with Board Members.

Now Mark Schwartz has been given the job. His resume certainly backs up the hire on paper. Qualifications aside, Schwartz is someone who, like Donnellan, was part of an Arlington government that brought us the Columbia Pike streetcar, the artisphere and aquatics center. These were bad ideas that have since been mothballed because of public pressure or mounting costs that the Board could no longer support.

Maybe the national search the Board said it conducted did not find anyone equally or more qualified. That certainly may be true. But, it seems doubtful that any premium was placed on bringing in a fresh perspective to how Arlington County operates on a daily basis. And, that is a loss for Arlingtonians.

On the upside, Schwartz is an Arlington resident. So, if he recommends a tax increase, he will have to pay it.

Parents Deserve to Know

Surely what we experienced last weekend was a storm of historic proportions. However, many parents are beginning to ask why school has now been canceled for the entire week. Superintendent Murphy posted a news release on Tuesday, but as of the writing of this column has said nothing at length since then. So, it begs the question, what are the criteria that lead to school being closed for the entire week?


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

Economic development funding is used by both parties in most, if not all, states around the country. Many governors feel like they must use these tools to make their states competitive.

It goes without saying that when the government gets involved with paying businesses to locate in a state or community, it runs the risk that the plan will go south. Picking winners and losers is an inherently risky business. Hopefully, the state officials making the funding decisions have analyzed the risk in a way that provides maximum protection to taxpayers.

The recent revelation that the McAuliffe administration failed to vet a Chinese company who received $1.4 million to locate in Appomattox is especially concerning. It turns out that the decision to cut a taxpayer-funded check to the company was based off a review of the company’s website. Only after the deal seemed to be going south did the Commonwealth ask for financial statements from the company, and later demanded our money back.

Making Virginia a competitive economic environment should be our priority. Questions remain as to whether using a taxpayer-backed slush fund is the best way to do it.

1.  Are the standards by which these deals are made in a transparent and objective fashion, or is there too much subjective influence by the people making the decisions? Governors of both parties have made these deals and done the photo ops with the oversized checks, but taxpayers deserve to know their money is going to a legitimate business.

2.  Is what we are doing now really working? When the last set of economic numbers were released, Virginia’s economy had flatlined. Economic growth was 0.0%, and Virginia is slipping with every independent group who ranks these things.

3.  Why should Virginia’s policy be to favor a new business over one who has been here providing jobs, paying taxes and supporting the community? Making sure existing companies are thriving and staying here should be higher on Richmond’s priority list than it seems to be.

4.  So, would it be a better approach to tackle tax and regulatory burdens on all businesses, new and existing, to make Virginia’s economic environment the most competitive in the country? Governor McAuliffe could surely spend a little less time stumping for Hillary Clinton and more time sitting down with Republicans in the legislature to tackle the fundamental tax and regulatory structure businesses face. Arlington surely would benefit as we face of high office vacancy rates. Other communities across the Commonwealth most certainly would as well.


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

It is easy to find amusing news. Last year, the Virginia General Assembly debated a bill on whether schools should be allowed to have bake sales to raise money. This year the question is, should Arlington Public Schools pass a ban on birthday parties?

Maybe like me you are thinking, come on, this birthday party ban can’t be a serious proposal. But we live in a world where personal responsibility is waning and calls for government to “do something” is growing. So let’s take a look at the arguments made at the most recent Arlington School Board meeting to see whether we should all be concerned.

Health. You could make the argument that centering a celebration around a sugar-laden treat is setting a bad example for a healthy lifestyle. And childhood obesity is a long-term health concern for our nation. But we can dismiss the idea that consuming two or three cupcakes per month is making kids obese. Daily choices on what children consume for about 90 meals a month and how much time they spend in active play are what is really important.

Creates a tough learning environment. It is not unreasonable to say having sugary snacks at a party could make some kids too hyper to learn. Teachers can easily solve that by having them right before recess or at the end of the day.

Inconveniencing teachers. This concern was raised in terms of parents bringing in ice cream and pies in need of refrigeration by teachers. But it sounds like some teachers don’t want the hassle of serving birthday treats. Instead, it seems at least some teachers want an overarching Arlington-wide policy to take the treats away from everyone else just so they don’t have to be the mean teacher who won’t allow treats in their classroom.

How about just setting a reasonable policy for your classroom and communicating it to parents? Mom, if you want ice cream in my class, you bring it 30 minutes before the end of the day and serve it. Or, no ice cream please, but I will be happy to pass out cookies or cupcakes 15 minutes before recess.

In short, instead of running to the school board to pass a policy, how about letting some common sense prevail and move on to more pressing issues facing our schools?


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

Fizzling Fights in Richmond? Despite posturing on Medicaid expansion, Gov. McAuliffe’s chances of changing the debate on this issue were damaged when Republicans maintained control of the General Assembly in Nov. 2015.

Attorney General Herring’s recent decision on concealed carry reciprocity could also rear its head. But, General Assembly leaders may not be willing to enter a standoff on that issue in the face of presidential politics.

Outstanding Customer Service? Libby Garvey assumed the center chair at the annual Arlington County Board meeting on Jan. 1, promising to provide better customer service to the County, including reform of the “byzantine” zoning ordinances and more flexibility in regulation.

Garvey’s encouraging words will put her resolve to achieve results to the test, particularly as she faces a primary challenger. And, the Board still needs to pick a permanent County Manager to lead any changes.

New Dynamic on the County Board? After John Vihstadt’s election, gone were the days of Board Members hashing every issue out behind closed doors and voting unanimously come meeting time. The insular decision-making process lead to increasing unease in the community over time.

We have no idea where Cristol and Dorsey will land on the important questions moving forward, but here’s hoping for a vigorous debate on what the future will look like for Arlington taxpayers.

Your Concerns Are Addressed? Garvey also talked about gathering input from a greater sample of Arlingtonians in her Jan. 1 speech. In that spirit, I want to know what issues you would like to see addressed in this space.

Would you like more focus on the school budget? Where is our money going, and why?

Are you concerned about whether the County is adequately addressing core services like public safety and basic infrastructure?

One of those core services is transportation. Do you question whether the County is doing the right things to improve traffic flow in residential areas? Can we ever put Metro back on the right track? Should HOT lanes come inside the beltway on 395? Or should we do more to widen 66?

Please use the comments section to sound off on these or any other issues, and let me know what you want to see discussed.


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

Tomorrow, the Arlington County Board members will renew the annual tradition of previewing their priorities for the year. Unfortunately, the speeches can often be compared to a New Year’s resolution to go to the gym.

Before the speeches begin, the Board will need to elect a new Chairman. In recent history, the Vice Chairman has moved up to the center chair. But last year, Walter Tejada served in that role before announcing his retirement.

Theoretically, it would be Libby Garvey’s “turn” as she has not chaired the Board in any of her first three full years. But Garvey’s rocky relationship with the Arlington Democrats makes it far from a sure thing, particularly if there is an aspiring challenger waiting in the wings to run in the June primary.

As a fan of the occasional political drama, here’s hoping we have a surprise tomorrow and John Vihstadt is elected Chairman. Think the Democrats would never do it? David Foster pulled it off as a Republican with four other Democrats on the School Board.

What four things can you expect to hear about for sure from the Board?

Spending reform. As the Board wrapped up 2015, Vihstadt and Garvey called for reforms in the closeout spending process where tens of millions is spent with little public input late each year. It is unlikely their desire to change that process has gone away, nor should it.

Reducing the commercial vacancy rate. It may be a new year, but it is the same old story on this subject. The Board pats itself on the back for spending money on economic development, but has done little to change any underlying policies in the county to attract businesses.

Affordable housing. This issue rose to the top as candidates sought to replace Hynes and Tejada. Housing is expensive, and the Board has been unable to do anything to repel market forces in the county. Real estate principles aside, we are likely to hear how optimistic this new Board is on the subject.

School capacity. You cannot run for office in Arlington without talking about how challenging it is to meet the needs of our schools. Yes, our schools are a core function of local government. Yes, we have a capacity problem. But, having nearly $22,000 to spend per child means they are challenges we are able to meet.

Here are two things you shouldn’t hear, but might.

Everything that’s wrong in Arlington is not our fault. This familiar refrain from some on the Board all-too-often blames Washington and Richmond — usually Republicans — for county woes. With two newcomers to the Board, hopefully they will strike a new tone.

We had to/have to make tough choices. Year after year revenues and expenditures rise in Arlington. Our Board does not know what tough choices really look like, unless you count whether to try and spend $80 million on an aquatics center or half-a-billion on a streetcar.

And there is one thing you are unlikely to hear tomorrow.

Your taxes are going down.


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

This week, the County Board approved its package of priorities for the Virginia General Assembly to address. The report came in at 53 items in total.

Item number one of the entire proposal asked for the ability to levy taxes, including the BPOL tax. This is the tax on the privilege of owning a business based in Arlington. It taxes your gross receipts, not your gross profits. It should be phased out or abolished as soon as possible by Arlington to encourage economic development in the County.

Arlington’s elected leaders also asked for Virginia to start taxing all Internet sales, not just those for which the state can prove a nexus for the seller. The Board also wants the General Assembly to give them the ability to tax the use of plastic bags like D.C. does.

The Board reaffirmed its support for Medicaid expansion under the Affordable Care Act. This has been a longstanding priority for Democrats in Virginia, but it is well established that the Republicans in Richmond are not going along with this one any time soon. With the federal government running up the deficit in Washington, it is only a matter of time before the 90 percent share of Medicaid drops precipitously and puts an even greater strain on state budgets.

The controversial topic of immigration was addressed in two items. One asks for in-state tuition for undocumented students. The second opposes mandates on law enforcement officers evaluating immigration status of individuals as a part of routine police activities.

Hopefully, the Board would not oppose giving law enforcement the discretion to inquire on immigration status as part of routine police activities, while they have a person in front of them. That position would be more consistent with the Board’s support for maintaining a database of license plate readings to track all of our movements in the name of public safety and specifically mentioned terrorist watch lists as one of its specific reasons.

The Board wants more money for Metro. It is no question Metro is struggling: ridership is down; fares are up; safety concerns are growing; and infrastructure is not adequately maintained. But, this is not new. WMATA continues to fail when it comes to getting its house in order, which means more money alone is not the answer. It might be more appropriate for any funding offer from Virginia be contingent on real reforms at WMATA, possibly even a private sector takeover.

What was missing from the transportation section? HOT lanes on 395.

Renaming Jefferson Davis Highway did make the list. But, it was the Board’s lowest transportation priority. Most likely, it reflects the reality of the reception it will get in Richmond.

And finally, nonpartisan redistricting is a priority for the Board. While it will probably meet with about as much success as renaming Route 1, it would likely put Arlington all in one Virginia Senate district. It is  interesting to note that when the all-Democrat controlled Board was presented the question of whether to allow Arlingtonians to elect Board Members by district, they opposed the effort.


Mark KellyThe Right Note is a weekly opinion column. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

Here we go again.

A few days ago, County Board Chair Mary Hynes wrote a letter to the Virginia Department of Transportation sounding an optimistic tone on the opportunity to work on HOT lanes inside the beltway on 395. Those lanes were part of the original HOT lanes project proposal in the region, dating back to Democrat administrations of Mark Warner and Tim Kaine in Virginia.

In 2006, then County Board Chairman Chris Zimmerman sent a similar letter to VDOT outlining what sounded like Arlington’s conditional support for HOT lanes on 395. In the letter, he even described the need for a HOT lanes exit at Shirlington — an exit he later vehemently opposed.

The Board seemed to sour on the idea of HOT lanes in general as time moved on. By 2010, the County Board had sued everyone they could think of to stop the HOT lanes from happening. They even sued individual civil servants, requiring them to hire lawyers to defend against the claims. The addition of individuals to the suit drew some of the harshest criticism for it.

Eventually, an exasperated VDOT announced they were abandoning plans for the project inside the beltway. But, Arlington taxpayers paid around $2 million for outside counsel to file and pursue lawsuit before the County Board dropped it.

If you work at VDOT, you may be feeling like Charlie Brown staring at the football in Lucy’s hands wondering if it will be pulled away just as you start to kick it. You may also be wondering if you may some day be a defendant in a lawsuit.

Regardless of where you stand on the issue of adding a lane in each direction, you have to wonder what path the Board is really heading down now. Is the Board actually serious about finding a way to add this lane of traffic? Are some of the demands in the letter actually impossible for VDOT to meet?

What are the chances the Board, with two new members about to join, balk again later in the process? And would the Board spend $2 million or more to sue again if they didn’t like what Governor McAuliffe’s administration decided?

Only time will tell. At the very least, let’s hope they can work it out without handing taxpayers another $2 million legal bill.


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