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

Mark KellyWhile millions of Americans were settling in to watch the Rose Parade on Wednesday, I fired up the computer to stream the 90 minute New Year’s Day meeting of the Arlington County Board. The Board offered a handful of new insights.

We learned that the Board has jettisoned the idea of using any federal dollars for the Columbia Pike trolley project. Outgoing Chairman Walter Tejada even suggested accelerating the process now that federal dollars were no longer in the equation. Each defender of the trolley repeated a core message in their speeches yesterday: we decided to build this boondoggle project over the past decade — to question us, or turn back now, is unacceptable.

Of course, the Board has largely ignored all of the legitimate objections over that time — including the Board’s rejection of trolley opponents’ claims their cost estimates were low. The Board insisted the projections were correct right up until the time the federal government rejected the grant request over cost concerns. The federal government rejected the $250 million cost estimate. Instead, the cost was pegged nearly 25 percent higher, at $310 million.

Outside of their positions on the trolley, little new was offered in the speeches of Walter Tejada or Mary Hynes. Libby Garvey, the lone voice against the trolley project, responded predictably. Chris Zimmerman spoke briefly, saving his farewell speech for a later date.

Most of the time on Wednesday was taken by Jay Fisette in a lengthier than usual speech by an incoming Board Chairman. The speech had a few interesting elements, including an emphasis on economic development. As one who believes strongly we should hang a big “open for business” sign on our door in Arlington, I will watch this initiative with cautious optimism. At the same time, Fisette’s agenda may be far more ambitious than a single year as chairman allows time for.

While reviewing my other notes on Chairman Fisette’s speech, I received an email from civic activist Wayne Kubicki. In his message, Wayne asked if I heard Chairman Fisette’s call for Arlington to move to generate “zero waste” in regards to trash. Then Wayne asked, “does the zero waste concept apply only to trash? Why not the county budget?”

And that is my New Year’s resolution for the County Board — a zero waste county budget.

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


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

Mark KellyNext Wednesday, County Board members will hold the traditional New Year’s Day meeting. I started attending, or watching live online, a few years back. If you don’t mind sitting through five political speeches, it can give you some insight into the priorities of Board Members.

Another thing to expect from the Jan. 1 speeches is some good old fashioned Republican-bashing. County Board members usually spend some quality time blaming Republicans in Washington and Richmond. In general, all failures of leadership will be declared to be Republicans’ fault. This is always an interesting perspective from an all-Democratic County Board who rarely takes responsibility for its mistakes.

If you have never experienced it in person, you should consider a trip to the County Board room at 11:00 a.m. on Jan. 1. If nothing else, it will be interesting to see whether the normally collegial dynamic of the opening meeting changes now that Libby Garvey has endorsed Independent John Vihstadt for the upcoming special election.

The 2013 opening day meeting set up an interesting trolley debate for the year as well as saw Jay Fisette’s announcement he would start a personal crusade against single use water bottles. Since Fisette is about to assume the Chairmanship, we will see where this crusade goes in 2014.

The 2013 meeting also offered a preview of incoming Chairman Walter Tejada’s plans. Chairman Tejada wanted a Columbia Pike TIF and to approve chickens in backyards. Tejada was successful in moving the trolley-induced TIF forward, but the chickens did not make it across the road.

As we know, Chris Zimmerman’s upcoming departure once again gives Arlingtonians an opportunity to elect a Board Member with real political independence. Looking back at the columns I wrote over 2013, I identified a number of reasons to make the change, but here are five:

1. Arlington needs more transparency and fiscal accountability. Summed up in a few short words — $1 million bus stop. Or, the never-ending Artisphere subsidies. Or, to shed light on the close-out process.

2. The Board’s reputation of not listening to us is well-earned.

3. Arlington should be open for business. While the latest federal budget deal will put more (borrowed) money back into the local economy, we should not bank on federal dollars alone for our fiscal future.

4. In general, new perspectives are needed.

5. Because it is not too late to stop the trolley.

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


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

Mark KellyThis week I had the opportunity to act as an observer for state Sen. Mark Obenshain (R-26) in the Virginia Attorney General recount. While the Virginia-wide recount did not produce the result Republicans hoped for, Arlingtonians can be proud of the way in which the recount proceeded at the courthouse on Tuesday.

With security provided by Arlington County Sheriff’s Deputies, Clerk of the Court Paul Ferguson oversaw the recount. Ferguson swore in two of the Electoral Board members as Recount Coordinators and ten Officers of Election at 7:00 a.m. to conduct it. Registrar Linda Lindberg and her staff provided guidance to all of the officials as they opened the sealed envelopes containing Nov. 5’s results.

Each campaign named five observers to watch the counting process. All in all, 22 people — 11 Democrats and 11 Republicans — officially conducted and observed the ballot counting. The process was orderly, collegial, and most importantly, accurate.

At the end of the day, there were just two additional votes counted, with one challenged vote produced for review. The additional votes were a result of paper absentee ballots where votes for Attorney General were not read by the optical scan machine during the original counting process. That’s three votes in a race where 66,805 had initially been certified in Arlington.

The Electoral Board and Registrar’s office deserve credit for their commitment to getting it right the first time. And, they deserve credit for the organization and professionalism in conducting the recount.

One of the Democrats observing the process on Tuesday noted that Mark Obenshain was a well-respected member of the Virginia Senate. I could not agree more. Sen. Obenshain’s record in the Senate and his professional experience made him well-qualified to serve as Attorney General. Also, after getting to know him and his family, I came to trust his character as well.

Sen. Obenshain’s character was evident again yesterday. When it became increasingly clear the recount would not change the result in his favor, Obenshain called his fellow Senate colleague, and now Attorney General-elect, Mark Herring to concede. Obenshain ended the process despite having the right to let it play out.

Running for office is no walk in the park. When you decide to run, you know you are making real sacrifices for yourself and your family — and those sacrifices ratchet up substantially when you are running for statewide office. Even with this in mind, I hope Sen. Obenshain continues to serve Virginians in the Senate, and that he will run for higher office again in the future.

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


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

Mark KellyWhen the Arlington County Board convenes this Saturday, one person will be conspicuous in his absence. By all accounts, Robert Atkins has been at every County Board meeting, save one, since 1995.

By my rough, back of the envelope estimate, Atkins made over 1,000 speeches before the Board. That is far and away more speaking time during County Board meetings over that span than anyone else who was not elected to serve on the Board.

The tradition began, so the story goes, after a disagreement Atkins had over an issue in his neighborhood. Upon getting an unsatisfactory answer from new Board Member Chris Zimmerman, Atkins pledged to be at every County Board meeting in the future — and he was.

While Atkins did not live long enough to see Zimmerman’s farewell speech, he did get to see Zimmerman announce he was stepping down. The pair’s nearly two-decades-long journey of monthly meetups in the County Board hearing room was drawing to a close; though I suspect Bob had no plans to stop attending in Zimmerman’s absence.

If you ever heard Atkins speak during the public comment period or on agenda items, it was almost always the most unique speech of the day. Atkins made Board Members smile, cringe, scowl, and sometimes get up and leave the room altogether.

As the “board watcher-in-chief” for Arlington County for the past two decades, there was virtually no issue for which Bob did not know the history. If you needed background information, Bob knew it because he had read the staff report as well as listened to, and participated in, the debate. And, he would probably be able to recite for you the zinger from the speech he gave that day, usually with a wry smile.

One saying goes, in life, half the battle is showing up. While many Arlingtonians long ago gave up on influencing County Board decisions, Bob did not. He showed up every month to do his part to hold the Board accountable to Arlingtonians.

Atkins did not just show up at County Board meetings. Bob was active in the Arlington Civic Federation. He worked as a volunteer for many years at the county fair to increase voter registration in Arlington. He was a regular attendee or member of various political organizations, like the Arlington GOP, Log Cabin Republicans, the Arlington Gay and Lesbian Alliance and even attended Green Party events from time to time.

While Bob did not always agree with the GOP or its candidates on every issue, he was loyal to the party. Bob served as treasurer for the Arlington GOP for 12 years, including both times I served as Chairman. He donated to Republican candidates generously from his own personal funds. He also went out and knocked on doors on behalf of Republican candidates. And, every Election Day, you could find him at his polling place distributing Republican sample ballots.

In all of his civic and political activism, Bob Atkins certainly was one of a kind. He will be missed.

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


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

Mark KellyBack in January, I wrote about Chairman Tejada’s call for a Columbia Pike Tax Increment Financing district, or TIF. Some have suggested privately that a dedicated stream of funding for affordable housing was a “condition” for Tejada’s trolley support. Regardless of the TIF’s genesis, the Board will hear public comments on it next Saturday.

First, a reminder of how a TIF works. Essentially, Arlington County freezes the tax base of a defined area and dedicates tax revenue from that base to the general fund. The additional future revenue, or a percentage of it, is then earmarked to spend solely in that area, presumably with a pet project in mind. The general fund, on the other hand, is used to pay for the ongoing county services we all use: schools, transportation, police, fire, parks, and other services.

In this case, the Board is proposing a set-aside of 25 percent in the TIF to put toward the construction of affordable housing projects in the Columbia Pike corridor for the next 30 years. Regardless of what you think about the need to fund additional affordable housing in Arlington, the TIF automatically removes 25 percent of the additional real estate tax revenue along the corridor in the future from the general fund. There is nothing to prevent this percentage from going higher in the future to pay for more affordable housing needs or another project in the area.

This is the second TIF proposed in the county, both begun in large part to help get the Columbia Pike trolley project built. The first was put in place for Crystal City — presumably to help finance bonds for that portion of the trolley line. Those bonds would allow financing without a requiring vote by Arlingtonians.

The Board’s willingness to move toward financing projects with TIFs seems to be setting us on a path toward multiple TIFs throughout Arlington. In effect, the new board policy is that they are willing to create long-term earmarks for pet projects. While we will almost certainly never reach Chicago-style TIF levels, with more than 100, what I wrote nearly 11 months ago still holds true today:

The use of special interest TIFs to avoid future public debate, scrutiny, and up or down votes on such projects is a bad idea, plain and simple. It will not only avoid additional public input, but it will inevitably lead to higher tax rates for all of us. When schools, roads, public safety and other services face a squeeze in future budgets, the Board will tell voters they simply have to raise taxes to pay for it.

The County Board should not lock Arlingtonians into this fiscally irresponsible path.

If you are concerned about the long-term earmarks that TIFs will create, you should consider attending the hearing on Dec. 14 to voice your concerns.

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


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

Mark KellyOn Tuesday, the County Board approved the FY 2013 closeout and re-appropriation measure.

According to the report accompanying the County Board’s agenda, tax revenue once again came in well ahead of predictions, by $27.9 million. The largest contributor to the surplus was real estate revenues, to the tune of $15.3 million. In percentage terms, real estate tax revenues ran 2.6% ahead of budgeted amounts.

In April, the County Board passed a 3.6 percent real estate tax increase. To justify it, the County Manager and the County Board cited a FY 2014 budget “shortfall.”

As it turns out for the 2013 fiscal year, and virtually every fiscal year in recent memory, the county underestimated the revenues that would be generated by the tax rate. Even if you agree with all of the spending priorities passed by the County Board in its annual budget, the surplus suggests your real estate taxes alone could have been 2 percent lower. And just as in previous years, the $27.9 million underestimation of all revenues was enough to actually lower your real estate tax rate even further.

The board also spends millions each year reclaimed from budget savings — adopting the federal government approach of “use it or lose it.” For FY 2013, the budget over-estimated the costs of government activities for the year by $25.3 million, but the money was still spent on other items. Among those items was $1.7 million in additional subsidies to the Artisphere, which was supposed to become self-sufficient by now.

In so doing, the board can say that they spent all that was budgeted in the prior fiscal year. This keeps the baseline of spending on an upward trajectory in order to help create another budget “shortfall” for FY 2015. You can find more information for next year’s budget in this report. County Manager Barbara Donnellan preliminarily estimates the “shortfall” will be $7.7 million. However, if you used this year’s actual surplus of excess revenues plus savings for comparison, that “shortfall” could actually become a $45.5 million surplus.

Granted, the county manager’s report also notes the schools could have up to $16 million in additional costs caused by higher enrollment. However, based on the consistent underestimation of revenue and over-estimation of costs, we can safely assume the FY 2015 revenues will more than cover school needs. And, it will still leave us with room to spare without necessitating another tax increase.

The board did give its budget guidance on Tuesday as well, and did not recommend a tax rate increase for next year. At the same time, your tax bill will still rise with your assessment by an average of $300 per homeowner. And, the Board regularly ignores its initial guidance.

Chairman Tejada’s comments that tax increases were still on the table in the budget process means the chances anyone on the board will propose the real estate rate cut the county could afford are somewhere south of slim-to-none. But, it is important to understand these numbers if the board comes to you in the spring and asks for another tax rate increase.

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


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

Mark KellyThis week, County Manager Barbara Donnellan raised a number of concerns about allowing backyard hens in Arlington. On her list: difficulty of enforcement, public health, sanitation, and even a Virginia law that could put local dogs in jeopardy from overzealous hen owners. In short, rumors that county staff were no fans of the hen proposal have finally been confirmed.

Both sides jumped into the fray after the County Board work session to claim their position was winning the day. If you have not been following, the groups have taken on the name Backyards Not Barnyards and the Arlington Egg Project.

What we know is that we will be waiting a bit longer for a final decision on whether chicken coops will ultimately be allowed in Arlington yards. Based on the slow pace this issue is making along the Arlington Way, it is more likely than not that the final decision will not come to a vote before Chris Zimmerman resigns in late January.

The current scoreboard indicates the remaining County Board Members are split. It seems as though Mary Hynes and Libby Garvey would prefer to table the issue and focus on other priorities, while Jay Fisette and Walter Tejada want to get it done. So, the next County Board member could hold the deciding vote next year. Soon-to-be Chairman Fisette will most certainly keep this issue alive once he assumes control over the gavel.

With Democrat candidates already out lining up support for the special election they should be prepared to tread lightly on this issue as it could be a deciding factor in a low turnout firehouse primary. Add hens to the Columbia Pike trolley as issues candidates will need to “finesse” as they work to build support for their campaigns.

More than an election issue, it represents a rare 3-2 split for a panel that usually agrees to agree. It is refreshing to see a difference of opinion on the Board instead of single party groupthink, but these instances are still too few and far between.

Chris Zimmerman’s departure will create a new dynamic on the Board, in more ways than just hens — or even the Columbia Pike trolley’s future. A new Board Member who has political independence from one-party rule, and pledges to create a new era of transparency, accountability and fiscal responsibility, would be a breath of fresh air for Arlington.

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


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

Mark KellyYesterday, Chris Zimmerman announced he was resigning from the County Board before his term ends next year. Zimmerman will take on a full-time job with Smart Growth America.

Unapologetically liberal, Zimmerman believes in steadily raising taxes in order to grow government. Zimmerman has never pulled punches when it comes to partisan politics either. He took regular swings at Republicans in Richmond and Washington.

In his retirement announcement, Zimmerman gave a predictably upbeat assessment of his 18-year tenure on the County Board. No one can blame him for leaving out less successful initiatives like the Artisphere, or empty ground floor retail space, or the decline of Metro while he served on the WMATA Board.

With Metro in mind, it can be noted Zimmerman has served on every transportation commission in the region — fashioning himself into a go-to guy for Democrats on the issue. Zimmerman’s most famous pet transportation project is, of course, the proposed Columbia Pike trolley. What Arlingtonians can ask today is, does Zimmerman’s retirement provide a glimmer of hope that the project could still be stopped?

It is no doubt other Board members do not share Zimmerman’s passion for it. A win by a trolley opponent in the special election would mean Libby Garvey would gain an ally and a second vote against the trolley’s construction. It will be interesting to watch what promises to be a crowded Democratic field take positions, or bend themselves in rhetorical knots not to take a position, on the trolley.

In 2010, I had the opportunity to run against Mr. Zimmerman in what looks like it may be his last campaign for public office. It goes without saying that we agree on very little politically. However, he was always friendly and considerate at our various joint appearances and other community events where our paths crossed on the campaign trail, regardless of whether voters were watching.

In particular, I recall a specific event at Thomas Jefferson Middle School where he went out of his way to be gracious to my two young daughters who were campaigning with me. While I may be cheering for Mr. Zimmerman’s signature project to come to an unceremonious end, and soon, I wish him all the best as he moves on from elected office.

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


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

Mark KellyThe county staff response to the Urban Agriculture Task Force’s recommendations will be formally presented at a County Board work session Nov. 12. The most high profile among the recommendations is the consideration of allowing Arlingtonians to keep backyard chickens. If accepted, individuals would be able to have as many as four hens so long as the coops are set back 20 feet from their property lines, and a majority of their adjacent neighbors agree.

The biggest question seems to surround enforcement. How will the county enforce the inspection requirements for new coops as well as ongoing policing to ensure chicken owners stay in compliance? What will they do about people who do not file plans but put coops in their backyards anyway? Will fees for coops and fines for failures to comply cover any need to hire new county code enforcement personnel? Assuming revenue generated by chickens will not cover any costs, how will new personnel be paid for?

The recommendations are a priority for 2013 Board Chairman Tejada, so look for him to try to push these along before his term ends Jan. 1.

Next month, the County Board will consider what to do with excess revenue in the closeout process. Based on recent history, they could have up to tens of millions of dollars to spend outside of the regular budget process. Remember that in a couple months when the County Manager and County Board tell us we have to pay more in property taxes or fees next year because we have a “budget shortfall.”

The Potomac Yard Harris Teeter re-opened after an 18 month closure caused by a sewage backup that was not of their own making. Harris Teeter has sued Arlington County for $1 million in damages, alleging negligence for the backup. Reports on the causes at the time would lead one to believe Harris Teeter may have a case. If so, hopefully the county will settle this quickly rather than burning up time and legal fees for any outside counsel. The Board, as you may remember, ran up well over $1 million in legal fees to sue everyone they could think of during the HOT lanes fight.

Residents across the South Arlington neighborhoods near the Pentagon were largely opposed to the PenPlace development approved by the County Board in September. Among residents’ concerns about the development’s impact on the neighborhoods were traffic, public safety, services, like grocery stores, and parks.  Less than a month later, the Board approved an updated Arlington Ridge Neighborhood Conservation plan which covers some of the area near the PenPlace development. The Arlington Ridge plan had not been revised in 40 years.

Kudos to local residents whose concerns about the Crystal City Sector Plan and PenPlace were largely ignored when the County Board approved the plans. After the Crystal City Plan went through over their objections three years ago, they made sure to tee up the new conservation plan to push the County Board to accept when their PenPlace objections met the same fate.

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


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

Mark KellyTerry McAuliffe finally released a summary of his 2012 tax returns. The release came on the heels of reports a company McAuliffe invested in was stealing the identities of the terminally ill.

McAuliffe claims he was a “passive investor in a life insurance annuity pool,” but the lawyer for the convicted Rhode Island estate planner Joseph Caramadre said investors knew he was exploiting a loophole to give investors a portion of the death benefit. If so, most of us would ask questions. Did you know what type of investment you had made? How and when did you become a passive investor in such a scheme? What type of people would you be connected to who would steer you to this type of shady investment?

The McAuliffe campaign did not release the sources of his $9.5 million income for 2012. So, valid questions remain about how much McAuliffe profited from the aforementioned identity theft scheme or from GreenTech Automotive. GreenTech, you may recall, is under investigation into whether it was a cash-for-visas scheme.

No one except Terry McAuliffe knows for sure how much he knew about alleged wrongdoing either situation. In GreenTech’s case, we know McAuliffe has portrayed himself as a hands on “jobs creator” — or what, in reality, turned out to be a “virtually no jobs” creator. If McAuliffe was actively involved in GreenTech as he claims, he must know a lot more than he is saying publicly.

Quite frankly, the McAuliffe campaign believes he is going to win on November 5th. And, if the polls are correct, the belief may be well-founded. So, he has clearly made a strategic decision to try and run out the clock on this storyline. But, these are serious questions about the business dealings of a man who wants to be our governor and who says he wants to create jobs.

Before election day, it would be nice to know what Terry McAuliffe did know and when did he know it? My advice: don’t hold your breath waiting for the answers.

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


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

Mark KellyIf you are like me, your attention has been focused on the ongoing drama surrounding the government slowdown and not as much on local news over the past two weeks. In addition to the statewide, General Assembly and local races on the ballot in November is the referendum to create an Arlington public housing authority. The issue had not received a good deal of coverage before the slowdown drama, and I am not sure the yard signs its supporters have now deployed will do much to break through the noise.

The proponents of the referendum say Arlington’s current approach to affordable housing has proven ineffective in keeping up with the market forces that are driving up housing prices. They argue we should try the approach used by Fairfax County and the City of Alexandria and bring Arlington’s efforts directly under the county’s umbrella rather than using existing public-private partnerships. They say that it would leverage local dollars to obtain additional federal assistance and reduce duplication of efforts.

The opponents of a public housing authority say Arlington already spends a higher percentage of its budget than neighboring jurisdictions without adding to government bureaucracy. This argument actually united the local Democrat and Republican Parties in opposition in 2008.

It has done so again this year. At their September meeting, Republicans debated the merits of getting more bang for our taxpayer dollars, but ultimately decided they could not be assured Arlingtonians would get more value by creating a new local government agency.

There is a lot of valid criticism to be had for how the Arlington County Board “negotiates” with developers. The negotiations often come down to a set of demands a developer must meet. Developers are usually willing to quietly go along with the Board’s demands in exchange for more density than they would otherwise be entitled to. The Green Party, which is backing the referendum, opposes the additional density as well.

Outside of affordable housing, such negotiations have led to empty ground floor retail, an empty art gallery space, and proposed construction of a taxpayer-subsidized black box theater. One could argue strongly that the Board’s planning record leaves a lot to be desired, and that maybe a change to its approach on housing is in order.

While I must admit that part of me would like to strike a blow against the County Board’s business as usual approach, I have to agree with my fellow Republicans on this one. There is no guarantee a public housing authority get additional results on affordable housing, but we would guarantee the expansion of local government. And as regular readers here know, I think we pay too much in taxes for a government that is already big enough.

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


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