It’s Sunshine Week! And Christiansburg is a Shining Example!

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March is full of activities like National Women’s Month, International Women’s Day and more (I found this really wonderful site noting some of the March celebrations and links – wonderful teachers’s resource!)

Yet there are two celebrations which are particularly important to me: Sunshine Week (March 11-17) and National FOI – Freedom of Information – Day (March 16).(By the way, there is an International FOI/Right to Know Day on Sept. 28).

While I have seen a lot of information about FOI on the national level. There certainly has not been much discussion at the State or Local government levels here. Perhaps a large part of that is that there have not been as many highly controversial Legislative activities involving FOI this year. They seem to be a bit preoccupied in Richmond this year on topics like vaginal probes. In some ways, that might be a good thing as when FOI is a hot topic it is because someone is pushing to remove citizen access to information.

So, that leaves me with the local level to explore. I missed the last Christiansburg Town Council Meeting (I think that makes a total of 3 misses in 4 years) but I had an important date with this darned flu bug going around and I decided to be selfish and not share it with others. Fortunately, the Town of Christiansburg website has a video of that meeting available for citizens to view. In the March 6th Agenda Packet, there is a copy of the Town of Christiansburg Strategic Communications Plan. At the early part of the meeting, Information Officer, Becky Wilburn gives a presentation.

My perceptions concerning open government is Christiansburg, VA are based upon several years of attending public meetings, making FOI requests, and learning all that I could about a citizen’s right to know about what their government does. At the beginning of that process, open government in Christiansburg was, in my opinion, abysmal! Citizen participation was not encouraged. I hit brick walls when requesting information. Elected officials had little understanding of citizen and their own rights under the Freedom of Information Act. The website the Town had at that time contained  enough information that it could easily have been depicted as a two-sided sign, one side of which said “welcome to citizen information” and the other side saying “leaving citizen information”. While Town Council meeting minutes were available, the minutes of the Planning Commission were virtually non-existent. Public input was not something that was actively pursued, rather it was a matter of public notices being posted behind potted plants or out of the way boards in a couple of public buildings.

“Business as usual” was already being challenged by the Roanoke Times before I started doing anything with FOI/open government. Slowly, I saw things start to shift and that shift gained momentum, al beit slowly, for a couple of years. Then, 2 years ago, the decision was made to hire an information officer. Enter Becky Wilburn. Suddenly, rather than “slogging through knee deep mud” to make progress, I saw the Town hit the “Autoban in a Jaguar!”

Becky Wilburn has been the driving force in accomplishing a tremendous change towards Open Government in Christiansburg. However, she could not have done this alone. Town Council and Town Manager Barry Helms had to make it possible and they did!!

Christiansburg now has a vibrant and informative website that continues to grow. Requests for information are quickly and efficiently handled and that process is made easier by the webpage that tells people exactly how to go through that process. Public input is actively sought via surveys included with utility bills from the town and through public input meetings.The video that I linked to here is but one of many stored on the website available for citizens to view. If you can’t make a Town Council Meeting, you can usually see it on your computer within a couple of days of the actual meeting! Agenda, Agenda Packets, and Meeting Minutes are for you to view. It only takes a click to sign up for email notifications to keep you informed of town events/meetings. There is now an Emergency Notification System that you can sign up for to provide you with important alerts. Oh, and did I mention that the Town Code and Comprehensive Plan are available online now.

There have been some big changes but, as noted in the video, both Town Council and our Information Officer are aware it is a work in progress. There is more that can be done AND movement is being made in that direction. However, it is important to note that there has been tremendous change in open government in Christiansburg.

All of this work requires one other element to be truly effective. It requires citizens learning about their government and taking the time to be involved. It is the citizen’s government and the citizen’s town! It takes people choosing to be involves and to have a voice in government. That voice needs to be heard when members of the public feel strongly about something town government is doing. It should not be a voice raised only in argument or conflict, but should be a voice that acknowledges good work as well.

So for my part in things, my thanks to the elected officials, management, and staff of the Town of Christiansburg for making such significant improvements in transparency, open government, and citizen participation.

It is, indeed, a Happy Sunshine Week!

Some Useful Christiansburg Budget Information for Citizens. Town Council Already Knows This.

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Using the Auditor of Public Accounts Reports again and focusing on the time frame from fiscal years 1996 thru 2009….

  • Revenue from local taxes and fees increased by 120.06%
  • Expenditures increased by 120.32% More

Where did the Town Manager Contract Come From? Maybe here?

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In case you haven’t heard, the most recent (of many) hot button issues in Christiansburg, VA has to do with a sudden push to get a contract in place for the Town Manager before the newly elected officials of the Town take office in September. It is at that same meeting that, historically, the Council has decided whether or not to enter into another 1 year verbal contract with the Town Manager for his services. Not only has the timing changed, it has now become important to make sure that it is in writing and for a time frame roughly 3 times longer than in previous contracts for that same position. (See these two Roanoke Times articles for further information and ‘the’ sample contract here.) More

Easier to use copy of the Christiansburg Town Charter, but be warned things are not what they seem.

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I took the existing copy of the Town Charter, inserted a copy of the Governor’s markup for the section changing the vote to November, then setup bookmarks for the pdf that match the table of contents. Well, it sorta matches the table of contents. There are a few places where the Town’s table of contents for the charter doesn’t match what is actually in the charter. More

Watch out for VA House Bill #1386

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It doesn’t seem to be available in print/pdf format yet but the summary provided indicates this bill HB1386 would make it possible for constitutional amendments (State of Virginia) would be posted on a website and NOT in detail in newspapers. More

Christiansburg Town Council deciding the future? Oh…boy!

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If you like a short read….you’re at the wrong place today. You might want to just copy and paste the text to a document file and read it as you have time. But, please do read it! If you have problems reading this here due to the length. just go to http://myvaresources.com/blogs/depotdazed/

A recent Roanoke Times article “Town Council plots out Christiansburg’s future“, pretty much says it all.

In the first line of the article you will find : “Town officials have a vision for what they want Christiansburg to look like in 2020.

First off, a true long-range view typically covers, at a minimum, a 20 year time span, NOT 11 years. Secondly, this makes if very clear that the Town officials are thoroughly convinced that they are the only ones who should make a determination of what Christiansburg should look like. Thus implying that what citizens want or think is totally unnecessary. Next, Mayor Ballengee notes he has “…always felt we needed to have a long-range plan for Christiansburg…” … duh!… that’s what a Comprehensive Plan is about. That’s what a Capital Improvements Program is about! Since we’re not making effective use of either of those two, we should try something else? Typically, this type of Vision Statement is the starting part for writing a New Comprehensive Plan. Maybe that is what the Town has in mind? Not likely. They have out of date charter, out of date codes, a comprehensive plan that is inadequate and did not include sufficient quality citizen input to be a fair representation of what citizens want….why break up the set! Maybe they are trying to change. I personally doubt it. This just looks like more of the typical ‘smoke and mirrors’ distractions of citizens to keep them as ignorant as possible of what is going on. Only time will tell. And, this is one time that I sincerely hope that my expectations are wrong and that a new era of openness and the inclusion of citizens is going to really happen. I will not hold my breath though. Ballengee’s statement “We hope our community will embrace this plan,” pretty much says it all. What plan? Where is it? Where can citizens see it? How can citizens comment on it? You want us to embrace ‘it’, without knowing what ‘it’ is, without hearing what we (all citizens) think about what you have decided is best for us? Well, that’s how it has worked previously. It is the attitude that has lead to massive developments without fair consideration being made of the impact on citizen’s lives (i.e., traffic, overcrowded schools, increased crime, etc.). Wouldn’t it be novel if the Town asked for a change instead of dictated?

Now, let’s get to the meat of the matter. The “Town” (those 7 elected and who knows how many appointed/paid employees who are privy to the deep dark secrets of Christiansburg) has a plan that specifically addresses (but not limited to) these issues (from the above Roanoke Times article):

  1. Pursuing green initiatives.
  2. Enhancing the system of walking trails and multiuse paths.
  3. Focusing on public information and community relations.
  4. Reviewing and revising the zoning ordinance.
  5. Promoting the new Aquatic Center.

Looks, like your guess is as good as mine on the other 15 target issues.

The rest of this article will review some of the history that the Town Council and Town Manager have when it comes to these areas.

Now, it is time for me to play a bit:)

Concering #1: Pursuing green initiatives.

What evidence is there to indicate the Town has done anything other than pay lip service in this area. There are a few references to greenspace where developments were discussed but where has the Town Codes done anything but the bare minimum, to meet State Codes?

Sure, a lot of developments have opted for trails rather than sidewalks in subdivisions. And, yes some of those trails do exist, but they don’t GO anywhere. They are a disconnected, dysfunctional mass of bits and pieces that do not do the ‘interconnectedness’ that they were supposed to accomplish. Maybe the Town has been carefully laying out this patchwork quilt project for years without telling anyone what they were doing, but right now, it just looks like a mass of scraps.

In the June 5, 2007 Town Council meeting minutes this reference can be found: “Town Manager Terpenny drew Council’s attention to a flier placed at each of their seats regarding green infrastructure in the New River Valley. The “Green Infrastructure Initiative” was created by the New River Valley Planning District Commission to educate communities in the New River Valley on how to maintain a network of green infrastructure for healthy and sustainable community growth. An information meeting for Christiansburg is scheduled for June 21 at the Montgomery County Government Center and is open to anyone interested in learning more about this topic. (If you want to know more about this Initiative there is a website with information. Perhaps a good place for our public officials to start would be the page that explains what Green Infrastructure is. It will certainly point out that this has NOT been a top priority of the Town of Christiansburg! There are also meeting agendas and minutes available to the public at the site.)

The June 19, 2007 Town Council Meeting had a representative from the NRVPDC come and give a presentation. This presentation included documents related to funding opportunity request.)

At that same June 19, 2007 meeting, the Town Council gave unanimous suupport to a Resolution for Green Infrastructure Grant where the NRVPDC would seek a U.S. Department of Transportation Federal Highway Administration Grant to develop a Green Infrastructure Plan.

October 2, 2007, Elizabeth Obenshain, representing the New River Land Trust explained how the town of Christiansburg could participate in that groups efforts to preserve land.

March 4, 2008 the ‘Go Green Virginia Initiative‘ was discussed. “Town Council was introduced to the Go Green Virginia initiative started by Governor Kaine and sponsored by the Virginia Municipal League. The initiative is a nationwide effort to conserve energy. Localities must register with VML to participate, and participants will be recognized for success in various areas included in the program. Three information workshops have been scheduled around the State, and the workshop closest to our area will be held in Abingdon on April 22, 2008. Councilman Wade commented that he attended a seminar on the Go Green Virginia initiative at the 2007 VML conference and he learned that localities are not only saving money by participating, but it is also resulting in better treatment of the environment. mayor Ballengee asked Council to spend some time reviewing the information they have received on the initiative and to be prepared to vote on the matter at the next Council meeting. At the March 18, 2008 meeting Council unanimously voted to participate in the Go Green Virginia Initiative sponsored by the Virginia Municipal League. Unfortunately, this late entry into the process meant that Christiansburg was not found in the 2008 Winners list or in the list of VML Certified Green Governments. I wonder if the Town will manage to make the Sept. 30, 2009 deadline for participating in the Challenge for 2009.

On Sept. 2, 2008 Town Council Minutes: “Go Green Virginia Initiative. Mayor Ballengee presented each Councilmember with a copy of the energy Efficiency Plan prepared for review. After reviewing, modifications will be made as necessary. A copy of the Energy Efficiency Plan is attached and made a part of these minutes.” Unfortunately, a copy of that document was not provided to me or on the website. (You need to remember that the Minutes provided at the Town’s website are only the notes of the meetings, the multitude of additional documents that Town Council are provided with are seldom seen by the public eye…this is one such example.)
Concerning #2: Walking trails and multiuse paths

Notice that these are walking trails and multiuse paths, not sidewalks. These have been discussed for years and have not been able to get accomplished. Why? Do to not getting the grants needed to do it, and Town Council’s unwillingness to part with money for something as mundane as trails and paths when they could get an Aquatic Center instead. Other ‘finds’ searching for the word ‘trail’ led to places where the first 5 letters of the word ‘trailer’ were identified.
In 2005, there was a Montgomery County Greenways and Pathways Committee that the Town had representation on. Where have there been any reports back to the Town Council concerning any ideas/issues raised by this group. Is the group even still meeting? All of the references to this committee found on the internet are dated in 2005 and 2006. At least Montgomery County has some information on Greenways, Open Space & Trail Design on their website. maybe the Town can get some ideas from there or the links on that site.

Sept. 16, 2008, Councilman Vanhoozier proposed a pathway along Cambria Street from Sleepy Hollow Road to the Recreation Center. A feasibility study was suggested and Mayor Ballengee directed this matter to the Town Managaer.

The Town Council Meeting Minutes are full of references to the Huckleberry Trail. Most of these were ideas and plans for which there was no intention on the part of the Town to fund. The Town is more than willing to let public donations and groups accomplish the task. They have shown a willingness to let individuals and groups write grants, but the Town has shown no initiative on its own to make these connections to a viable trail system a reality.
Concerning #3: Public Information??????? Community Relations??????

Oh, they so do not want to go there with ME!!!! Simply go through all the Town Council Minutes online at myvaresources.com and see how many times the very word “public” is used for anything other than as “Public Hearing” or “public utilities”.

Public information and community relations do not appear anywhere in the Town Council Meeting Minutes, so this obviously has not be a priority before now. There are a couple of references to the 18 months the Planning Commission worked diligently to develop the comprehensive plan with the public’s input. Well, we already know what that actually meant.

Another piece of the Town Council meeting held July 21, 2009.
What is the Comprehensive Plan – A Short View from State Codes. Should changes be made?
Christiansburg, VA Comprehensive Plan and Stormwater/Flooding….Interesting Reading
Capital Improvement Plan? Christiansburg? Will it comply with State Law?
Citizen Survey Results
Another source of information for transportation/traffic issues
Sidewalk-ing your way through the Comprehensive Plan
Standing Room Only — In the Hallway that is:) Town Council Meeting
You Are Being Asked! CITIZEN SATISFACTION SURVEY REVISITED!
Does the Town of Christiansburg hear and heed citizens? It Doesn’t Appear So!!!!
(Heck! This could go on forever. Just go to myvaresources.com/blogs/depotdazed and do a search for comprehensive plan. There are at least 25 articles specifically addressing issues with the existing comprehensive plan and/or the absence of inclusive and effective citizen input.

In the Sept. 6, 2005 Minutes it was noted that “Councilwoman Carter commented that recently much attention has been drawn to evacuation plans. She noted that Christiansburg has an evacuation plan, but that the public may not be aware that a plan is in place. Manager Terpenny replied that while Christiansburg does have an emergency operations plan, it is only direction for public officials on how to handle catastrophes and not a specif plan on how to evacuate citizens.”

Concerning #4: Revising the Zoning Ordinance

Over the years, there have been a very few revisions of the overall Zoning Ordinance. In fact, there are significant questions as to whether or not even the State minimum is being met. How effective is any revision of the Zoning Ordinance going to be if they do not do a revision of the Comprehensive Plan? Simply updated the Zoning Ordinance to be up-to-date with minimum State standards may not be what citizens want. Anyone can cut and paste the existing codes from other jurisdictions that are up-to-date and form a Zoning Ordinance. It takes a decent, citizen-based Comprehensive Plan to form the framework around which that Zoning Ordinance is built. If that is lacking, you will simply get ‘cherry picked’ pieces that town officials want in the Ordinance with no inclusion of the overall community!
Concerning #5: Promoting the new Aquatic Center

What’s been done so far?
April 6, 2004 Town Council Minutes: Resolution for the Department of Conservation and Recreation Grant to Fund a Trail Project to the Future Aquatic Center Site was unanimously approved by Town Council.
April 6, 2004 Ad-Hoc Committee for the Future Aquatic Center created.
May 4, 2004 Adoption of a Resolution for Commonwealth Transportation Board Recreational Access Fund for Future Aquatic Center – This request is for an access road grant to construct a roadway from Nnorth Franklin Street to the new aquatic center site. Unanimously approved.
October 19, 2004 “Regarding the Aquatic Center, Town Manager Terpenny requested that the Finance Committee allow fundraising projects to raise additional funds for a fifty-meter competition size pool. Radford University and Virginia Tech are interested in utilizing the pool if it is a fifty-meter pool. This could mean substantial revenue for the Town. The difference in the twenty-five meter pool and fifty-meter pool is approximately 2.5 million dollars. Mayor Linkous commented that plans are to move forward with the construction of a fifty-meter pool while contributions are being sought.

May 1, 2007 Town Council Meeting Minutes: “Town manager Terpenny said he was recently contacted by USA Swimming regarding possible contracted use of the facility. USA Swimming is willing to work around Virginia Tech’s scheduling. Projected opening of the facility is Fall 2008.”

On several occasions it has been pointed out that the Mayor has established a committee to elicit donations from businesses and/or individuals for money for the Aquatic Center. At the most recent town Council meeting, the Mayor admitted that these efforts have not been very successful. So much for the idea of promoting the Aquatic Center. The Town has not been successful at eliciting support from local businesses and citizens. Thankfully, the builder went beyond State borders and was able to find some financing for some of the most expensive embellishments on the Aquatic Center.

The Town has a long history of NOT promoting itself. It has depended upon other groups and governments to do that sort of thing for them, then sat back and complained about the results.

This seems to be a pretty major undertaking on the part of Town officials. They have decided what Christiansburg needs and wants, and they will be deciding how to accomplish those goals. Hopefully, they will also take the time to figure out HOW TO PAY FOR THEM!!!!

The Roanoke Times article speaks of hiring for a new Town position, Public Relations. Well, what about the Planning Staff that was in the budget? Is that position now being dumped although you acknowledged another Planner was necessary due to the work load? And, what about the money in the budget for Recodifying the Code. Neither the position nor the rfp for either of these has been advertised. Are you figuring that people will just forget that you have acknowledged there are problems that need to be dealt with simply because you put the money in the budget?

I got news for ya’ll: TALK IS CHEAP! All the empty rhetoric in the world will not convince voters. Let’s see some action. Quit talking and start doing! Oh, and by the way, doing it in front of the public rather than hiding behind emails, phone calls, and secret meetings would be a pretty nice way to start showing that you are really willing to change.

After all in that same Roanoke Times article:

“The vision for the town’s future states that in 2020, the goal is for Christiansburg to be known as a retail, commerce and tourist destination, a town of WELL-INFORMED AND ENGAGED CITIZENS, a recreational, cultural and entertainment Mecca, a green community, a clean, healthy and safe place to live, a model for effective land use, a sound financial entity and an interconnected community.

The long-range plan also touts the town’s downtown; the new Montgomery County courthouse; the national retailers, restaurants and hotels in the community; the aquatics center; the mix of residential, commercial and recreational land uses; and walking trails, multiuse paths and mass transit.”

Hey! But it’s all okay. Per the article, the Town Manager and his key staff are going over each of the vision items to determine how to accomplish them. Who the heck needs citizens involved? We have our government taking care of us….just like they have for decades now….and people are so…so…very happy with the results of that!

Town of Christiansburg has finally put all of Town Code Chapter 10 on Town website!

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A few weeks ago, I noted that the Town of Christiansburg had finally posted all of Chapter 10 of the Town Code on the Town’s website. That was the only chapter of the code that I had found that was not posted in its entirety. I figured that maybe it was because things were being updated.

While the full document has been available at MyVAResources.com for over a year (including all 3 Articles), the Town had only posted Article I (Erosion and Sediment Control. Article II (Stormwater Management) and Article II (Illicit Discharge) were omitted from the Town’s website.

Once the Town loaded the missing sections, I decided to compare it to what I had received to see what changes had been made. There were absolutely NO changes to Articles II and III. Those had just been omitted from the website for months with no apparent reason.

There were, however, a few changes found in Article I which had been previously posted but has now been reposted with those changes included. It appears that some of those changes may have been related to the DCR report I have been writing about. In summary, here are the changes that I found:

Article I. Erosion and Sediment Control

Sec. 10-1 Definitions

Added:

Department means the Department of Conservation and Recreation

Development means a tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units.

Natural channel design concepts means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.

Peakflow rate means the maximum instantaneous flow from a given storm condition at a particular location.

Permittee means the person to whom the permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed.

Person means any individual, partnership, form, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, any interstate body, or any other legal entity.

Program Authority means the Town of Christiansburg which has adopted a soil erosion and sediment control program that has been approved by the Board.

Runoff volume means the volume of water that runs off the land development project from a prescribed storm event.

Single-family residence means a noncommercial dwelling that is occupied exclusively by one family.

Water quality volume means the volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project.

Sec. 10-4. Local program; adoption of state standards and regulations.

Added:

(f) In accordance with, §10.1-561 of the Code of Virginia, stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempted from any flow rate capacity and velocity requirements for natural or man-made channels.

(g) In accordance with §10.1-561 of the Code of Virginia, any land-disturbing activity that provides for stormwater management intended to address any flow rate capacity and velocity requirements for natural or manmade channels if the practices are designed to (I) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or manmade channels.

Sec. 10-5. Erosion and sediment control plan—When required; exceptions.

Added:

(h) Variances: The plan-approving authority may waive or modify any of the standards that are deemed to be too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions:

  1. At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan-approving authority shall be documented in the plan.

  2. During construction, the person responsible for implementing the approved plan may request a variance in writing from the plan-approving authority. The plan-approving authority shall respond in writing either approving or disapproving such a request. If the plan-approving authority does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.

      (I) In accordance with the procedure set forth by §10.1-563 (E) of the Code of Virginia, any person engaging in the creation and operation of wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation banks annually with the Board for review and approval consistent with guidelines established by the Board.

Sec. 10-9. Monitoring, reports and inspections.

Added:

(f) Inspection frequency shall be in accordance with 4VAC 50-30-60.

——————————————————-

Those are all of the changes that were made when Article I was updated, but as you will note, they were some fairly important issues. I have added links to the specific codes referenced so that you can look further into the issues if you wish.

The most significant issue all of this (DCR Corrective Action, updating of codes only when forced to) brings to me is one question. How common is this type of issue throughout the Town Code? What other areas are audited and by whom? If these types of changes were initiated by the State years ago and only now being applied (by force) to the Town of Christiansburg, what other issues have been treated the same way?

This disregard for keeping codes current that are so closely related to health, welfare, safety, property values, insurance rates, etc. is unacceptable. Reading the full document, it shows clearly exactly how impotent the Town Council is once a property has been rezoned. Virtually nothing can be done by way of enforcement of these ordinances without the willingness and action taken by the Town Manager. The Town Council has no control except to control the behavior or OR the identity of the Town Manager.

These changes are a least part of the ones that were voted on back in December as updating the ordinance following a DCR audit. It is nice to see that something has finally arrived to show what Town Council voted on at that meeting. But, I can’t help but wonder, given the pattern of behavior here, if there are not possibly other changes the Council voted on at that time that still haven’t seen the light of day.

FOIA makes it possible for you to know….but why is it important that you know?

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Why would people want to know about their government and the decisions that are made by government for them?  The answer to that has nothing to do with the FOIA. Rather, the FOIA is something that may have been strongly influenced by the very drive that people have to want to know the answers to questions that they have.

Think about it for a minute. How many times would you return to a doctor who’s responses were “Yes, you are sick but I have some medicine to make you better.” Me, I would have a few little questions to ask: (1) If I’m sick, what is the ‘sickness’ called? (2) Is it a terminal, chronic, or short term illness? (3) Are the symptoms I have now likely to get better or worse? Will I get new symptoms also? (4) What is the prognosis? (5) This medicine you want to give me, how will it affect me? (6) Are there any other treatment options?

When you talk to your doctor, you know that you are talking about things that have a direct effect upon your life and your family. You, quite naturally, want to know a reasonable amount of what the issues are so that you can begin wrapping your brain around how to deal with things. Well, when you talk to government representatives (elected, appointed, or otherwise) about government issues in your area (city, town, county, or country), you are also talking about things that will have an impact upon your life and the lives of your family, friends, neighbors, and other citizens you do not even know.

It only makes sense to me that asking for all the information that you need to feel comfortable with what is going to happen should be a right that you exercise often. In a May 20, 2009 article on the New York Times Opinion Section, Happy Days, The Pursuit of What Matters in Troubled Times, is an blog article by Daniel Gilbert, What You Don’t Know Makes You Nervous.

The author discusses some of the current issues facing Americans and some historical eras that are similar to what is faced today. Then, he moves into addressing what it is that people are ‘really’ upset about. In paragraph 8 of the blog article, he begins to identify the real culprit:

That’s because people feel worse when something bad might occur than when something bad will occur. Most of us aren’t losing sleep and sucking down Marlboros because the Dow is going to fall another thousand points, but because we don’t know whether it will fall or not — and human beings find uncertainty more painful than the things they’re uncertain about.

Then in the last paragraph, he sums up this theme again:

Our national gloom is real enough, but it isn’t a matter of insufficient funds. It’s a matter of insufficient certainty. Americans have been perfectly happy with far less wealth than most of us have now, and we could quickly become those Americans again — if only we knew we had to.

This ‘not knowing’ or ‘uncertainty’ can exist in all levels of government. The less people are told, the more they are likely to worry about the possible outcomes. We Americans are a pretty tough group. We have survived bad times, tough economic times, war, internal strife, disease, floods, hurricanes, volcanoes, earthquakes, the untimely loss of some of most beloved citizens, and a myriad of other challenges. I believe we can survive most anything IF WE KNOW WHAT TO EXPECT!

I understand it is not possible for government to give us clear and concise answers on every issue. Where it is possible to do so, then it should be done. Where it is not possible, then simply be honest enough to say that you do not know, but this is what we are doing about the issue.

Keeping people informed helps to keep people grounded in facts NOT in perceptions that may not accurately reflect the facts. Most of us know that elected officials are just as human as the rest of us and can make mistakes. Acknowledging and owning the mistakes allows all of the gossip and rumors to die off and we can all get on with the business of living our lives to the best of our ability.

Most people that know me know that if I am given a few minutes, I could apply Maslow’s Hierarchy of Needs to eating a tuna fish salad. I am a firm believer in that Hierarchy and the relationship to was I have just discussed is clear.

In Maslow’s Hierarchy of Needs, there are established levels of ‘Needs’ that most people have in common. These needs begin at a very basic survival level and progress into the very alturistic. The government (whether town, city, county, state, our federal) is directed by the U.S. Constitution to insure certain of these needs: Health, Welfare, Safety & Convenience. (See Wikipedia’s: Supreme Court Case Mugler V. Kansas, 123 U.S. 623 (1887)). (See also: Health, Safety, Welfare & Convenience.)

Citizens not only have a right to know, but it is good for them to know, the good and bad of government. Not knowing leads to uncertainty and fear. Those, in turn, lead to misperceptions, rumors, gossip, and misinterpretations. The more open government is the more likely it will be that citizens will come together and strive to work through any problems that we have. Open government IS good government because it reduces the fear and uncertainty.

Happy Birthday to the Freedom of Information Act! As it has grown, it has now become a tool for everyone, not just the media. FOIA helps to keep government open in much the same way putting a lock on a door protects your home. It serves to keep honest people honest. Just as there will be those who will break into your home regardless of the presence of locks, there will be those who will try to keep things ‘hidden’ from the public. Having some safeguards in place (lock on the door, the FOIA) helps to prevent that scenario from becoming the status quo.

Part 2: Discussion on Bacon’s Rebellion and the Thomas Jefferson Institute’s

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June 30th Bacon’s Rebellion Blog article “Establishing Transparency’s Bottom Floor for Virginia’s Localities” is a good followup on the THOMAS JEFFERSON INSTITUTE’S TRANSPARENCY PROJECT. It brings home the fact that the internet has provided a wealth of opportunity for citizen involvement and for governments to be open and empowering of citizens. The internet has opened doors for people to be involved in government in ways that were not dreamed of only a few years ago. Suddenly, access is available to more people, limited only by governments’ efforts to provide the information.

However, there are tremendous differences  between how jurisdictions handle this new era of ‘openness’. I have been looking at various websites around the State of Virginia for more than a year now. Some jurisdictions make it incredibly easy for information to be found. Other jurisdictions make finding some information easy and other information more difficult to locate. Still others, offer a lot of self-promotion to encourage the home buyer or business, but the ‘meat and potatoes’ of local government is all but missing in action.

I believe that the last paragraph of that blog clearly identifies some of the opportunities that are before us and within the hands of our lawmakers:
“If all of Virginia’s counties and school boards met these standards we would be a much more informed and aware citizenry, but this is just the tip of the iceberg. Simply following through on these measures, while a significant upgrade over the hodge-podge collection of documents that passes for transparency throughout much of the commonwealth, doesn’t take full advantage of power of the internet. There are a lot of additional things that governments can do that enable their citizens to get much more out of online transparency. From video archives to real time data feeds, innovative governments are making themselves more open and their constituents better informed. Next issue we’ll take a look at what the best practices in this new online world look like.

I am looking forward to that next issue. I have some ideas of my own, first and foremost, that standards should be established for all jurisdictions (state, county, city & TOWN) and that those standards should be developed based, in large part, upon citizen input. Let the people who will be using the devices have a part in determining what is needed, not just the lawmakers. Find out what people want. Oh, yeah. That’s what government is all about anyway, right?

Who is watching Transparency in Virginia? (I’m not alone here!)

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There’s a kewl blog out there that I read called “Bacon’s Rebellion“. There have been a couple of recent blog articles there that relate to my FOIA focus. (It’s not long before the 4th of July, FOIA’s birthday, will arrive and I will be back on topics of local interest….anybody wondering what my I’ve been working on besides FOIA information:)

Anyway, on June 16, 2009, the blog article “Shining a Spotlight on Transparency” was rolled out. I had to check my audio to be sure I didn’t miss a drum roll because it sure deserved one! The opening two sentences set the tone: The legitimacy of government is based on the consent of the governed. As owners of our state government, every citizen of Virginia is entitled to full and complete information about how their government acts and what their Representatives do.

Wow! That pretty much says it for the backbone of the FOIA at all government levels. WE are the government. Government is not just elected officials and fancy buildings! It is “WE THE PEOPLE”. The government works for us, not the other way around.

The article then goes on to discuss recent events in Federal FOIA and Virginia FOIA. I really like the way that it is pointed out that accessibility to information alone is NOT enough. That information MUST be in a format that citizens can understand. We do not need tools that we can’t use. We need consistently organized, understandable information. Clothing information (or cloaking, if you prefer) in a manner that make it available but not useable is atrocious.

It is further noted, that the THOMAS JEFFERSON INSTITUTE is initiating an awesome project. They will examine the current FOIA practices of jurisdictions and use that data to develop standards and best practices. This concept could bring a degree of uniformity to jurisdictions that would be a tremendous service to citizens. I know that every jurisdiction wants to keep its “individuality” but there is no reason why they can’t do that while still having uniformity in those areas that all jurisdiction have in common. It’s too bad that the study will not include Towns, but perhaps that is coming.

This has particular interest to me as it could apply to the internet. If every jurisdiction used a certain part of their website that was consisten across all jurisdictions but allowed for independence in other parts of the website. It would make it so much easier for citizens. We are becoming such a mobile society, with people moving several times during the course of their lives. If there were some degree of uniformity, it would be so much easier for citizens to access information.

It could also save a ton of taxpayer’s money! Part of the website would be prepackaged saving development costs and making it easier for employees to use. The remainder of the website could be used as the jurisdiction wishes to promote its unique features and events. It would also make it easier and more cost effective for small jurisdictions to have a website.

The article closes with this: By providing usable data governments allow citizens to improve their quality of life and make government more efficient.” What a wonderful concept! Increase efficiency of government while improving citizen access. Sounds like a win-win situation to me.

The 2nd of these 2 articles will be discussed tomorrow.

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