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

[Stinger]

School Board Members Reed and Bergel,

 

It's been over a week since I asked you about why LCPS has failed to comply with my 29Oct2009 Freedom of Information Act Request.  I haven't heard more specifics from either of you except Jennifer's phone voicemail that said staff indicated they "already provided everything" to me.  I am requesting this report for reasons including a citizen living near Wheatland Farm with concerns about their water supply has asked me to obtain a copy of that report and help them understand the findings.

 

Ms. Bergel's voicemal response to this week essentially restated Mr. Byard's response below, "you have seen everything".  LCPS' answer is not adequately specific.  In fact, considering all the back and forth on this request, I believe that answer to be evasive.  I will clarify my request:

 

If the Final Hydrogeologic Report referenced in the attached invoice does not exist, then state the following, "The Final Hydrogeologic Report referenced in the Urban 11Nov2009 invoice does not exist."

 

or...

 

If staff believes they already provided it to me, then simply provide it to me again.  To expedite this request, I would like a copy of the subject report, in electronic form, preferably with a 2009 date stamp.

 

I think this is a very simple, easily answered request.  In fact the response could simply be an email with the former statement or an email with an attachment that should literally take less than 5 minutes to prepare.  Based on my experience as a consultant preparing technical environmental reports very similar to this, an electronic copy is very likely already available.  Further, if LCPS' response email is sent with "Receipt Requested" , LCPS PIO staff can print the receipt to demonstrate the request has been fulfilled.  As I have stated on multiple occasions, electronic FOIA responses would limit LCPS cost to print copies and send envelopes via certified USPS Mail, which incidentally do not include any documentation (ie. list) of items in the envelope (current case in point).   Emails show names of attached documents.

 

I have already contacted the Virginia FOIA Council and am copying their staff on this request to demonstrate my continued difficulty with LCPS releasing public information originally requested on 29Oct2009.

 

With respect to my question to you Mr. Reed about available budget for HS/MS-10 land acquisition, I understand that to be a different request (non-FOIA).   Since you and Ms. Bergel apparently do not already know what budget (or even percent) remains, I sincerely appreciate your efforts to find out.   As Mr. Burton made very clear in the June 25, 2009 Lovettsville Town Council meeting (see meeting minutes: http://www.lovettsvilleva.gov/downloads/TC%20Minutes/20090625-Town%20Council%20Meeting%20Minutes.pdf ) Loudoun citizens are paying debt service on bond funding associated with MS/HS-10 land.  This information will hopefully address citizens' concerns about LCPS' expenditures to date on these acquisitions. 

 

Respectfully,

Sarah Stinger , VIrginia Certified Professional Geologist #72801000767

SmallTownSchools

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

From: Thomas Reed

To: Stinger

Cc: Jennifer Bergel

Sent: Friday, November 12, 2010 11:27 PM

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

Ms. Stinger;

I've split your issues into two requests; Wheatland FOIA and Western Schools Funding. I've asked Staff for answers and will get responses back to you on both.

 

 I'm pretty sure that County Staff wouldn't issue bonds for all of the Western Schools funding, but they may have for the portions already spent to evaluate multiple properties.

 

V/R

 

~TR

 

 

 

Thomas E. "TR" Reed
At-Large Member
Loudoun County School Board
Phone: (571) 223-9928

 

Please be aware that correspondence sent to and from a School Board member is subject to Virginia's Freedom of Information Act.

>>> "Stinger" <sti...@loudounwireless.com> 11/12/2010 3:12 PM >>>
thank you
----- Original Message -----
From: "Thomas Reed" <Thoma...@lcps.org>
To: <sti...@loudounwireless.com>
Cc: <Sally...@aol.com>; <smalltow...@googlegroups.com>; "Jennifer
Bergel" <Jennife...@lcps.org>; <marg...@leesburg2day.com>;
<jim.b...@loudoun.gov>; <scott...@loudoun.gov>;
<awit...@timespapers.com>
Sent: Friday, November 12, 2010 3:01 PM
Subject: Re: LCPS' dismissal of FOIA request for Wheatland Farm September
2009 Final Hydrogeologic Report


Ms. Stinger;
I am driving. I will send full response/request to Staff tonight.

V/R

TR



-----Original Message-----
From: "Stinger" <sti...@loudounwireless.com>
Cc: Bergel, Jennifer <Jennife...@lcps.org>
To: Reed, Thomas <Thoma...@lcps.org>
Cc:  <Sally...@aol.com>
Cc:  <smalltow...@googlegroups.com>
Cc: Morton, Margaret <marg...@leesburg2day.com>
Cc: Burton, Jim <jim.b...@loudoun.gov>
Cc:  <scott...@loudoun.gov>
Cc:  <awit...@timespapers.com>

Sent: 11/12/2010 12:52:06 PM
Subject: LCPS' dismissal of FOIA request for Wheatland Farm September 2009
Final Hydrogeologic Report

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