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OLD BOARD VS. NEW BOARD, 2004

August 28, 2004

Bill Bogard*, Chuck Harris*, Jim Burton, Eleanor Towe*, Scott York, Sally Kurtz, Mark Herring* (7 of the old board, 2000-2004) MEMORIAL EDITION OF STERLING AMERICAN.

Today, let us remember some of the former Supervisors who served in my first term. They were gracious to me as they routinely beat me into the ground. Some of them continue into my second term. May all of us work to correct their misrepresentations, and hopefully in my third term, 2008-2011, there will be even fewer of the old board from 2000-2004. Thank you. (* these are retired)

>>>>HOUSE AT HOLLY AND LINCOLN FOR SALE

Please pass on to friend. The focus of 2 years of work by all of you has resulted in the "FOR SALE" SIGN put up at Holly and Lincoln. This house was the focus of citizen complaints when this house was used for commercial purposes. There was a long process of corrective actions taken. Now the owner has decided to move. See if a friend wishes to buy the house.

>>>WESTERN LOUDOUN LIBERALS >>>RIP OFF OF STERLING WITH EVERY DOLLAR WASTED

There is a proposal to fund an 80 acre Lovettsville Park passed by the Board of Supervisors and on the November 2004 Ballot. This new "parkland" is in a area of the county where there is one house per 20 acres. And there is a proposal to fund "Aldie Mill" which is a centuries old mill in Aldie preserved by private preservationists who want to stick the county with the overhead now. I guess tax writeoffs are not good enough.

>>> NOT SINCE THE PDRS HAS THERE BEEN A WORSE SCHEME

It could be said a solid multi-million dollar taxpayer subsidy frees up more of their "preservationist cash" to fight evil developers. How does this make sense, except to appease Independent Liberal Supervisor Jim Burton, who lives across the street.

These proposals cost many millions of dollars and benefit very few Eastern Loudoun residents and get into areas ("community center" and "historic preservation) that come at the expense of fire, rescue, deputies and education services to Sterling.

Rolling Ridge Elementary School in Sterling does not have a gym for example. It is being put off for 2 more years. Out of respect to Sterling, Eugene Delgaudio votes "no" to both of these proposals and will vote "no" to the "Lovettsville Community Center" on the November 2004 ballot referendum or any other opportunity that presents itself.

>>>>NEW LETTERS PENETRATE DARKNESS OF LIBERAL LIES

The following letters penetrate the darkness of Western Loudoun liberal lies and subversion aimed at clouding the Sterling community's need for information. Thank you to each of you for writing these letters. Making public testimony is hard, but we all benefit from the effort.

Munsey's letter illustrates how the liberal majority used executive sessions to push through regulatory insanity on a grand scale while ignoring Sterling's urgent needs.

>>>BARBARA MUNSEY DOCUMENTS HER THOUGHTS ABOUT THE >>>SECRET MEETINGS OF THE OLD BOARD

There are throngs of liberals from Western Loudoun who mob the board in many ways to protest various crimes and cheer No Growth Supervisors York, Kurtz and Burton. A recurring theme of charges are "secret" meetings convened by the current Republican majority board to try to legally undue some of the court entanglements costing many millions of dollars in legal bills so far and estimated at costing $100 million over the long term.

>>>>"Look in the Mirror", written by Barbara Munsey, mother of 2, S. Riding

(QUOTE) Regarding Marcia de Garmo's letter ["Board Should Go Public in Zoning Lawsuit Debate," Loudoun Extra Newspaper, Aug. 15] in which she protests the "Board of Supervisors' private sessions, ongoing for months" in relation to the myriad lawsuits faced by the county, I must say I find her indignant statements sardonically humorous.

>>>PRECEDING BOARD DID DE GARMO'S BIDDING

Where was her outrage when the preceding board was implementing the wishes of the special interest groups to which she contributes and belongs, when the board entered nine executive sessions in seven meetings between February and the first week of May 2000, culminating in the purchase of the Shellhorn and Fields properties?

>>>DE GARMO'S OMMISSION OF FACT

She gives a nod to the current board meetings in stating that they are technically legal but by implication places them in the category of a loophole-only permission. There are two problems with this position. First, Section 2.2-3711 (A)(7) of the Code of Virginia provides for the convention of a closed session to discuss actual or pending litigation.

"Smart growth" takes advantage of this to imply that such a process is being used improperly by using an option that is not required. They apparently skipped subsection (A)(6) in quoting subsection (7), in which the board is allowed to close a meeting to discuss the use of public funds where bargaining may be an issue.

>>>NO GROWTH MOB WORKING TO REDUCE REPUBLICAN MAJORITY LEVERAGE

I would imagine bargaining at a settlement session could become a major issue if open discussion of possible settlement turned into the usual "smart growth" drama, particularly since their beloved Comprehensive Plan hasn't fared too well in court challenges to date. The transition team was deposed in the Route 659 suits, so that must have some legs, and the vesting matrix and overlay districts lost. How much do they want the government to waste on this, when settlement might reach a workable solution?

>>>LAW SUITS BASED IN PART ON IMPROPER "EXECUTIVE SESSIONS"

Second, de Garmo seems to be unaware that, until July 2000, when the preceding board went back and recertified only one of its multiple executive sessions in that brief period between February and May out of many over its term, that all of the sessions in question were in fact not properly convened under state law and not properly certified under state law.

A generous soul might say that maybe, as volunteer legislators, they were unfamiliar with the intricacies of proper procedure. A thorough one might look up the law and see that ignorance of the law is not considered an excuse for public bodies and that the law is furnished to all members of public bodies in the state when taking office.

A suspicious mind might conclude that the April 17 closed meeting so belatedly certified (twice, and still not in full concurrence with procedure) was the one in which the board voted to purchase the two mentioned properties, at higher than their listed value. If so, this was also not in concordance with law and in a much more serious way.

>>> MUNSEY STICKS TO THE LAND RUSH PURCHASES

This gets legs of its own in a strict reading of the meeting minutes in relation to the executive sessions convened May 15 and June 19 of that year, in which Supervisor Eugene A. Delgaudio (R-Sterling) stated for the record that he would be voting "no" in session and in June that "he did not vote yes" in session. This can be dismissed by those who would view it as political grandstanding by the member who made up the one in many 8 to 1 votes.

>>> 8 TO 1 MEANS THE TRUTH WILL BE HEARD

Or, if one reads the law, specifically Code of Virginia 2.2-3712 (D), one will find that during procedure for certification of a closed session, any member who feels there has been a departure from proper procedure and does not wish to vote to certify "shall state prior to the vote, indicating the substance of the departure" from proper procedure, and the statement shall be recorded in the minutes.

>>> NO GROWTH CROWD USED EXECUTIVE SESSIONS TO CREATE LEGAL TROUBLE

Maybe that is what is recorded there. In which case, "smart growth" advocates shouldn't be throwing stones in a glass house of their own making, regarding fanning flames over "improper," "secret" meetings. (UNQUOTE)

THE ABOVE LETTER WRITTEN BY Barbara Munsey, HEADLINES BY DELGAUDIO

>>>>OVERCROWDING MUST BE STOPPED, LETTER REALLY TEARS IT UP >>> WRITER ASKS, Why Am I Forced To Pay For Water, Sewer, of Overcrowded Units?

(QUOTE)I am a very concerned tax payer. The overcrowding in my Sterling neighborhood is a major problem........ I have to subsidize the cost of water, sewage, and wear and tear for these overcrowded units. Many of the overcrowded units are tenant occupied. The unit owners lie to the Associations about the number of occupants. They just want to collect the rent check. These irresponsible "land" lords are a major part of the problem in my area.

Cars are parked everywhere and anywhere along the neighborhood streets (many illegally and are never ticketed by police). All kinds of trash and beer bottles litter the streets and common areas of our neighborhoods.

>>>> LOUDOUN COUNTY IS IGNORING STERLING

.......It's as if the Sterling Park area is like some dumping ground that has just been forgotten by some. You name it. Noise, crime and now add gang activity. And to top it off, an ill-equipped Sheriff's Dept. What a disaster.

Listen to our Supervisor, Mr. Delgaudio, on the overcrowding issue. He lives in Sterling and he cares about Sterling. Please, care about it too! This new building code must be passed. More importantly, it also has to be enforced. The overcrowding in our communities must stop now! We all work too hard to have a decent place to live. (UNQUOTE, ANON)

>>>>>GREAT QUESTIONS BY A GREAT LADY >>>Liz Deapen SAYS,

(QUOTE) As a community manager in Loudoun county, I read with great interest the proposal to bring the county building code into compliance with the International Property Maintenance Code effectively restricting the number of occupants in a dwelling.

>>>"THIS ISSUE PLAGUES EVERY COMMUNITY"

It would not be a stretch to state this issue plagues every community I have managed over the past 8 years.

While it is encouraging to see the County move towards passing measures to control this issue, I would like to know what the plan or method of enforcement will be if the measure is passed.

Some of my questions would be: 1. Would enforcement hinge on residents reporting a possible infraction? (UNQUOTE)

Answer from Delgaudio: citizens have to file the form. The county can not act without a citizen complaint. And there are no exceptions. There will be no proactive government action, it has to come from citizens. County government will respond.

Liz Deapen asks four more questions of a highly technical nature which are also being asked by many others on the degree of enforcement, the methods of enforcement, investigation and such. ALL OF THIS IS COVERED IN STAFF MEMOS ALREADY PUBLIC. And I will also make sure the procedures are covered again Sept. 7. For Liz Deapen and others, here are links.

>>>LINKS TO PROPOSED NEW STRONGER BUILDING CODE REGULATIONS

>>>A COPY OF OLD STAFF MEMO FROM JUNE

Read the * Loudoun County staff memo, June 1, 2004 http://joineugene.com/

A COPY OF UPDATED STAFF MEMO (JULY 27, 2004) Read the * Loudoun County staff memo, July 27, 2004 http://joineugene.com/

A COPY OF THE ACTUAL LEGISLATIVE LANGUAGE IN THE LAW Read the * Language of the amendment restricting flophouses http://joineugene.com/

>>>>PLAIN LANGUAGE GUIDE (FOR CURRENT ZONING) >>>>>>Website homepage has Zoning LAWS, one page plain language guide and forms

Go to the line on the home page entitled " * Delgaudio prepared a one page plain language guide to zoning enforcement to let you know how to use the following form:"

Or use the link entitled "* Alleged Zoning Violation Form for reporting residential overcrowding or zoning violations" at http://joineugene.com/

LETTER SIGNED BY 4 COMMUNITY LEADERS >>>>>In Support of Residential Anti-crowding Regulations

(QUOTE) (WE ARE) writing in support of the proposed Anti-crowding Regulations currently being considered by the Board of Supervisors.

Overcrowding in single- family homes is creating an intolerable situation in our Sterling Park neighborhood. There are currently situations in Sterling Park where residential overcrowding is resulting in traffic obstructions i.e. blocking driveways, sidewalks, and creating blind spots. These obstructions present potential hindrances for Fire and Rescue personnel. The large number of residents in some houses creates a health hazard for the community. Due to an apparent lack of bathrooms, people have frequently been observed relieving themselves in public.

Overcrowding also has a detrimental impact on the quality of life in our neighborhood. Late night parties have erupted with loud yelling and blaring music that literally vibrates neighboring homes. We have been awakened in early morning by large commercial vehicles that stop in the middle of the road, blow there horns and rev there engines to pack up workers from these "boarding houses." This shows a total lack of respect for neighbors.

Sterling Park is no longer a neighborhood where most residents feel safe and show respect for one another. The situation has become so severe that police intervention has been necessary on numerous occasions. Overcrowding in single family homes doesn't just affect people in Sterling Park - it affects EVERYONE IN LOUDOUN COUNTY......" (UNQUOTE) JEFF TALLEY, DIANE BONIESKIE, LARRY WILBUR, DON TURNER

>>>> DONATED Promotion for NorthernVirginiaGOP.com:

On September 27th, a Northern Virginia Republican Tradition continues, with the 8th Annual NorthernVirginiaGOP.com "Monday Night Football" Fundraiser at 7:30 PM at eCITIE Restaurant & Bar in Tysons Corner. Help us raise crucial funds for our fall campaign and watch the Redskins vs. the Cowboys on a twelve-foot movie screen! ( A James Parmelle production)

>>>>2nd Plug, Monday Night "Benefit Dinner" To Help 4 year Old

The Baja Fresh night in Cascades to benefit The Leukemia and Lymphoma Society is on Aug. 30th. Up to 25% of sales will be donated that night. Flyers can be downloaded at bajafresh.com. You need a flyer that night for Leah anD Friends to get the credit. Leah and Friends is a team of family and friends of 4 year old Sterling resident Leah Holdcraft. Leukemia is the leading killer of children! For more information contact Carrie Holdcraft at 703-481-3387 or choldcraft@yahoo.com.

>>>BAND THIS SUNDAY, CHILDREN UNDER 12 AND UNDER ARE FREE

The Sunday concert to benefit Good Shepard Alliance, and others, starts with an opening act at 6:15 p.m. and the headliner band performing at 7:15 p.m., and will be held rain or shine at Belmont Country Club in Ashburn, VA. Usually 1,000 close personal friends attend. August 29th - The Little River Band.

>>> STERLING'S GUNDERMAN DEFENDS CONGRESSMAN WOLF IN LOCAL PAPERS

"Mr. Wolf is... respected by common folk. Mr. Wolf's chief of staff Dan Scandling, stated in another local newspaper, that "[Wolf] is going to run on his record, talking about the things he's accomplished, not things he promises to accomplish if elected." Mr. Wolf has longevity and proven integrity. Mr. Wolf has served the 10th Congressional District for 24 years with distinction and always with an awareness for those people living in need. He has earned a reputation as a champion for the common man. His intense concern for homelessness and for those people living in at-risk situations makes him a superior Republican congressman. In addition, his innate ability to bring people together, both Republicans and Democrats, to solve problems is legendary. Ordinary people know Mr. Wolf is the real deal. Mr. Socas will be hard pressed to beat him."----Mark Gunderman

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