LCPS' dismissal of FOIA request for Wheatland Farm September 2009 Final Hydrogeologic Report

[Stinger]

Mr. Reed,

 

A landowner that lives near the Wheatland Farm site has asked me to obtain a copy of the pump test results conducted by LCPS' contractor last year so that I can help that citizen understand the findings and the associated potential impacts to their personal water supply. 

 

The email string below shows LCPS' dismissal of my outstanding Freedom of Information Act (FOIA) request for a copy of these results, specifically the subject hydrogeologic report submitted to LCPS in September 2009.  The attached invoice for the work shows Loudoun citizens were charged at least $105,000 for the Wheatland Farm pump test, and specifically $23,100 for that report, so it would seem the information is available. 

 

I originally requested this information under the FOIA on October 29. 

 

As indicated in the attached email correspondence, LCPS has not complied with this FOIA request.  Their responses have included both of the following:

1. no reports exist

2. the report was provided in a July 2009 FOIA response.

 

So my question is:

1. If the report does not exist, why did the contractor bill for it's preparation and submittal?

2. If the report was not submitted until September 2009, how could I possibly have viewed it months before?

 

I have asked my representative Ms. Bergel for her assistance; however she has not been available to help me.  Therefore, as my At-Large representative, I seek for your help in obtaining this report.

 

Finally, my fellow citizens and I are very concerned with funding that remains in LCPS' budget for acquiring land for MS/HS-10 (the future middle and high schools that will serve Lovettsville area children for future generations).  It is my understanding that funding to MS/HS-10 projects was specifically appropriated following citizens' approval of the 2007-2008 bond referendum for school land acquisition.  Supervisor Burton even stated last year that citizens currently are paying debt service on that funding.  While I understand you are not at liberty to disclose the exact amount appropriated for acquiring those site(s), we hope that you are able to advise how much has been spent thus far on those acquisition efforts or perhaps an estimate of the percentage of the total appropriation that remains available for HS/MS-10 land.

 

Thank you for your service to the children and citizens of Loudoun.

Sincerely,

Sarah Stinger

 

----- Original Message -----

From: Stinger

To: Wayde Byard

Cc: Sam Adamo ; Jennifer Bergel

Sent: Tuesday, November 09, 2010 3:33 PM

Subject: FOIA Request for EGGI's hydrogeologic data report summary for Wheatland Project Site submitted September 30,2009

Mr. Byard,

I have not seen a summary of hydrogeologic data collected for LCPS by EGGI.  That summary report is specifically listed in the attached October invoice as follows:

 

"Preparation of summary of hydrogeologic data collected as part of the groundwater investigation at Wheatland Project Site.  Report summary submitted September 30, 2009"

 

If that report does not exist, I need your answer to specifically state that: 

 

"The report summary submitted September 30, 2009, as referenced on EGGI's October 21, 2009 Invoice, does not exist."

 

otherwise, please provide a copy of the report and associated transmittal letter.

 

If you believe you have already provided this information to me, I would like to make an appointment as soon as possible to view the FOIA package you have on file with this requested information.

 

As previously stated, this inquiry is being made under the Virginia Freedom of Information Act (§2.2-3700, et seq).  If the records are exempt from disclosure (full or part), please identify which records are to be withheld pursuant to which specific Code provision.

 

Sincerely,

Sarah Stinger 

----- Original Message -----

From: Wayde Byard

To: sti...@loudounwireless.com

Sent: Monday, November 08, 2010 5:32 PM

Subject: re: Response to your latest FOIA query

There are no more reports. As I said earlier you have seen everything that we have in this regard. - Wayde B. Byard

>>> "N/A" <sti...@loudounwireless.com> 11/8/2010 5:17 PM >>>
Mr. Byard,
If you have no reports, then why is LCPS being invoiced by their consultants to conduct studies and report results?
Sarah

 

 

----- Original Message -----

From: Wayde Byard

To: Sarah Stinger

Sent: Monday, November 08, 2010 3:00 PM

Subject: Response to your latest FOIA query

I have answered the questions you posed in bold below in the context of the questions that were asked:

 

Your response specifically said there are "no records responsive to [my]

request" .  Now you say you have "no new records".   What?

 

The ONLY hydrogeologic study report for Cangiano/Wheatland I have ever been

provided is the report EGGI prepared for Mr. Cangiano in support of his

subdivision application.  The attached LCPS invoice states that EGGI

prepared a report FOR LCPS in 2009.   I can assure you I have never been

provided with this report.

 

Dr. Adamo and I looked through the material you went through in July 2009 for your FOIA request. The EGGI report you saw then is the only report LCPS has received. We terminated the contract for the study for which you have the invoice and it was never completed. You have seen all the material we have.

 

If you are now saying you already gave me EGGI's 2009 report, this is an

example of why FOIA responses should be electronic where you can show the

transmittal with all the attachments.  Otherwise, the requestor needs to

sign off on receipt of a list of actual documents, not receipt of an

envelope of undocumented contents.

 

Please send me an electronic copy of the complete LCPS FOIA response with

due diligence reports from 2009 to date for the Cangiano/Wheatland and

Hillsboro properties which I think you are now saying were "already given

to" me,  or for that matter, ANY documentation indicating these were

"already given to" me.

 

You also have seen all of the reports concerning the Hillsboro properties. We have the box here from your original FOIA request and will be happy to give you access to this material again.

 

 

 

----- Original Message -----

From: Stinger

To: Wayde Byard

Sent: Wednesday, November 03, 2010 8:18 PM

Subject: FOIA requests

Mr. Byard,

It has taken me awhile to look back through some of the invoices you provided in response to my previous FOIA.  This evening I found a reference to a "record" that does appears to exist, contrary to the information Planning staff have apparently given you.  The document is the Wheatland/Cangiano Final Hydrogeologic Report prepared and submitted by EGGI to the State of VIrginia Health Department, Loudoun Co Dept of Health and Loudoun Water, which is referenced in the attached Urban/EGGI November 11, 2009 invoice to LCPS.  I must say I find it curious that LCPS Planning staff appear so unwilling to release Wheatland groundwater study findings, as well as findings of the associated traffic impact studies, particularly considering the hundreds of thousands of taxdollars LCPS Planning Department staff have authorized expenditure of (and continue to authorize) advancing their obvious Wheatland school site agenda. 

 

The same goes for the Due Diligence and Geotechical Engineering reports prepared for LCPS by Bury + Partners for the Hillsboro Property, Project #2027707, as reflected by their multiple invoices to LCPS from September 2008 through May 2009 totalling over $36,500.  I am fairly certain the Hillsboro Property studied by Bury is the Crim site.  If that is true, I trust you can see how this information appears to contradict your FOIA response to me dated May 27, 2009 which stated, "The representatives of the Crim property never submitted a formal RFP, which is why it was not considered."   As you know, Dr. Adamo's subsequent June 2010 memo indicates LCPS did in fact "study" the Crim property (though I guess your statement is true on some level - it was never truly considered).  Your 2009 response to me regarding the apparent disqualification of the RFP response due to it not being "formal," suggests that LCPS staff are not only selective with what they share with the public and our elected representatives on the Board of Supervisors, but perhaps also what they share with the LCPS PIO and School Board members.

 

I apologize if you take any personal offense from my statements.  Please know they are not directed at you or your staff.  I sincerely hope you can understand the serious concerns this situation represents for citizens like me who have a reasonable expectation for transparency and objective decision making by public officials. 

 

Thank you for your service and for continuing to encourage staff to search for the available information.  I look forward to receiving your response.

Sarah Stinger

----- Original Message -----

From: Wayde Byard

To: Stinger

Sent: Wednesday, November 03, 2010 3:44 PM

Subject: Re: Answer to your FOIA request

You're always welcome.

>>> "Stinger" <sti...@loudounwireless.com> 11/3/2010 3:38 PM >>>

thank you for following up

----- Original Message -----

From: Wayde Byard

To: Sarah Stinger

Sent: Wednesday, November 03, 2010 3:26 PM

Subject: Answer to your FOIA request

Dear Mrs. Stinger,

 

It appears we have no records responsive to your request of October 29.

However, we have a staff member who is currently away who may, though it is not likely, have records that pertain to your request. Thus, I'm invoking the seven extra working days allowed by the Freedom of Information Act to fully process your request. - Wayde B. Byard, public information officer, Loudoun County Public Schools

 

----- Original Message -----

From: Wayde Byard

To: Sam Adamo ; Stinger

Cc: ma...@lovettsville.com

Sent: Friday, October 29, 2010 10:24 AM

Subject: Re: Wheatland Farm hydrogeologic testing

Your request had been received.

>>> "Stinger" sti...@loudounwireless.com> 10/29/2010 10:20 AM >>

 

Mr. Byard and Dr. Adamo,

 

Mayor Walker stated to a constituent some time ago that, " the well testing [at Cangiano's property" revealed that there was “no [groundwater availability] problem.”   This statement would indicate some data has been provided to officials.  Therefore, I request copies of all available information provided to LCPS (submitted under direct contract or otherwise and via hardcopy, telephone, email, fax or text correspondence) regarding any results of hydrogeologic testing conducted at or adjacent to Mr. Cangiano's Wheatland Farm properties, from 2009 to date.   This request also includes any hydrogeologic testing conducted at Hillsboro-area properties, including properties owned by others.

 

I am making this request under the Virginia Freedom of Information Act (§2.2-3700, et seq.  If any of these records do not exist, please indicate as such in writing.  Persuant to the Act, I request that within five working days you provide copies of the records (electronic preferably).  If the records are exempt from disclosure (in full or part), please identify which records are to be withheld pursuant to which specific Code provision.   If it is not practically possible to provide the records within five working days, please notify me that you will need an additional seven working days, as provided in the Act.  As provided by FOIA, please provide an estimate of the costs of meeting my request before undertaking the task.  An acknowledgement of your receipt of this request would be most appreciated.  If you have any questions concerning my request, please contact me so that we can work something out.. 

 

I look forward to your response.

Sarah Stinger