Will he ever just go away?

Yesterday, Francis Chester got his day in court. And he'll get another sometime after mid November. Perfect timing for this turkey.

You can read accounts in the News Leader or the News Virginian for background on the cases which Chester filed against the Commissioner of the Revenue and the Board of Supervisors. But, media reports miss much of this "drama" that continues playing out not only in the Augusta County Circuit Court, but also among right wing teabaggers and bloggers.

About two dozen spectators endured bad acoustics and an inadequate sound system trying to hear the judge, lawyers, and witnesses discuss the issue of sanctions against Chester who had a little band of supporters and piled his "petitions" high on the table in front of him. Most others in the courtroom were from the county government or the news media. Two members of the Board of Supervisors - Wendell Coleman and Nancy Sorrells - were there. On a beautiful fall afternoon, there had to be better activities than sitting on hard seats in a majestic but gloomy courtroom.

A few random observations:

Chester's attacks on Commissioner Shrewsbury were mostly hollow attempts to question her and her employees' salaries and the amount of time they spent researching his demands. He made cracks about computing average salaries in his head while she used a calculator, but it was hard to discern his point on that or anything else. I guess he's trying to reduce the amount of any sanction, but beyond that, it is hard to see any coherent strategy by the "country lawyer."

At one point the attorney representing the county requested a five minute recess. He promptly left with the County Administrator, the Commissioner of the Revenue, and others to discuss strategy. Mr. Chester was left sitting until he and Lynn Mitchell, aka swacgirl, slipped out the backdoor. Guess that constitutes his brain trust. I awaited a hard hitting defense when the trial resumed. I was to be disappointed.

Chester had asked the judge for a "nonsuit" to withdraw his original cases as a way to dodge sanctions. Judge Victor Ludwig would have none of that since doing so would place a time limit on the county's sanction case. The judge ordered the county to file a written brief in 30 days with Chester's response two weeks later. He noted a number of issues he wanted argued in the briefs including the Virginia Code that deals with sanctions against lawyers who file frivolous lawsuits and several legal precedents. For example, shouldn't Mr. Chester have been aware that Virginia does not permit class action suits and that Boards of Supervisors have immunity.

After the judge finished outlining the relevant Code sections and case law to address in the briefs, Mr. Chester requested that the judge again give him the citations. Before patiently doing so, Judge Ludwig admonished him saying, "Those are cases you should have known before you walked in the door, Mr. Chester."

Chester brought this litigation as part of a broader political campaign against the reassessment. To him, suing raised his credibility in the eyes of his supporters and gave him more fodder to fire up the crowd. But, judges rightfully bristle at anyone's attempt to use the courts in this way, especially when there is no sound basis in the law. For that reason, the court should sanction Chester to deter him (and other lawyers) from wasting the court's time and to pay the county back for some of the costs incurred in meeting all his irrational demands.

Like most states, Virginia law holds that frivolous litigation occurs when a competent attorney knows or should know the claim has no merit and little chance of success. So, Mr. Chester may have some creative arguments up his sleeve that can convince the judge that sanctions should not apply to him. But, I'm not holding my breath.

Pay up and hopefully shut up

Augusta County Circuit Court Judge Victor Ludwig ruled that Francis Chester neither did his homework nor followed the Code of Virginia in his suit against Augusta County's 2009 real estate reassessments. In short, he filed a frivolous lawsuit. The judge ordered Chester to pay a $2,000 sanction, writing in his opinion,

...the purpose of the court in imposing sanctions is not to 'silence' an attorney who pleads a poor case. It is to attempt to ensure that he pleads a better one next time.

Back in October I watched Mr. Chester stumble and bumble in court and tossed in my 2¢ by urging that he be fined. Judge Ludwig made the right decision and imposed a very reasonable fine. Of course, Chester's buddy, swacgirl, who once compared him to Thomas Jefferson, is POed.

The only part of the judge's decision with which I disagree is hope that a sanction will ensure Chester will actually plead a better case next time. Dreaming the impossible dream.

Assessing reassessments

The reassessment battles that have been raging in Augusta County appear to be nearing an end. The Board of Supervisors voted 5-2 to accept the reassessment and move toward drafting a budget as required by state law. The supervisors are all committed to lowering the tax rate and will probably do so in a way that produces a low single digit percentage gain in overall county revenues. Yes, some landowners will see higher tax increases but others may actually find their taxes go down. When tax bills go out in May there will be a burst of anger from some but most residents will find their bills haven't unreasonably increased.

In a way, the reassessment brouhaha is part of a larger populist anger fueled by the fears and uncertainties of our economic downturn. We're seeing it in reactions to the AIG bonuses and outrage over Bernie Madoff, even among those of us who didn't lose a dime in his giant ponzi scheme. Newsweek has an excellent cover story about populist outrage in American history.

But, back to Augusta County where some lingering playlets will grab more headlines:

• Francis Chester will file his lawsuit, the judge will find it groundless, and toss it out. Mr. Chester will declare victory.
• Residents pushing a recall of the supervisors will find it tough going. They like to cite the "10,000 signatures" Mr. Chester got, but his petition was basically a PR campaign and met virtually none of the safeguards required of a petition required for a legally binding procedure such as a recall. Besides, Virginia law does not permit a recall in the same sense as California and other states. So, even if they get the required minimum number of legal signatures, the petitions go before a judge to determine if any supervisors are guilty of misuse of office, neglect of duty, or incompetence. They aren't. End of story.

Moving forward, what are some lessons learned from all this? A few reflections on reassessment and a couple suggestions for the future:

• When times are tough, people are fearful, and taxes are the topic, demagogues find fertile conditions. Perhaps they perform a useful service by providing an emotional outlet.
• We should never confuse the thrill of politics with good governance as some like the former local GOP chair and his blogging cohort have done. Watching them at the March 11 public hearing was akin to watching parents exhibiting bad sportsmanship at a local high school basketball game.
• Many people who spoke at the public hearing seem to think the assessors are setting market values, when the opposite is actually true. One friend wondered how he can sell his now multimillion dollar farm to a child or grandchild. He can, if he wants to sell it below market value. But, if he needs the cash for his retirement, he'll probably put the farm on the open market and get the highest price he can - which would likely be above the assessment.
• The firm hired to conduct the reassessments should not participate in the political fray. It is okay to explain the technical and procedural aspects of reassessment, it is not okay to engage in political shouting and name calling.
• People who give their time and energy to serve on local committees and boards, such as the Board of Assessors, deserve our thanks, not our scorn.
• It is interesting that Republicans who usually push privatization, don't much like the private firm, Blue Ridge Mass Appraisals, who conducted the reassessment. They probably won't like this either - a better approach than hiring out for reassessments would be in-house appraisals by local governments. Since periodic reassessment is required under the the Code of Virginia, the General Assembly should provide the technology and training to assist counties and cities in establishing a politically shielded office to conduct reassessments.
• Some have suggested reassessing every six years rather than the four year cycle which Augusta County now uses (some localities are on a two year cycle). Changing to a six year reassessment cycle is a very bad idea for a couple of compelling reasons. The sticker shock is bad enough after four years - can residents imagine the jump if they'd been comparing to 2003 rather than 2005? Conducing reassessments every two years would reduce the sticker shock and likely produce more accurate results. Perhaps even more important - a six year reassessment cycle would make it longer than the four year term of office of a supervisor with undemocratic electoral and accountability consequences. 

Time to move on to other things - like writing a lean budget that has a lower tax rate while protecting the essential core services of public education, public safety, and public health. I hope the supervisors and the people can put the past behind them and move forward on this difficult task.

Assessing reassessments III

I've had a couple of earlier posts - Assessing reassessments and Assessing reassessments II - where I commented on the numbers, the dollars, and the politics of the controversial reassessments in Augusta County. At this point, Mr. Chester's lawsuit is awaiting trial unless the judge dismisses it - which will be the likely outcome. Chester is clueless and the suit groundless. Of course, he's taken his services to the people of Page County to aid them in their tax battles. All I can say, Page people beware.

Back in Augusta County, the Board of Supervisors is poised to approve a 48¢ tax rate, a decrease from the current 58¢ rate that has been in effect since the 1980s. That is less than revenue neutral! A couple months ago a rowdy and rude mob - that's really not too strong a term - filled a public hearing to bash the supervisors. The other night only two people spoke up on the tax rate cut. Hum!

So, what will that mean? Well, some taxpayers, me included, will see a modest increase because of the new higher assessed value. But, let me emphasize modest. And my property is assessed a bit lower than a recent appraisal that was done for a refinance. I've heard from about a couple dozen homeowners who have "enjoyed" a similar epiphany. 

Many farmers who have their property in land use taxation will actually see their taxes decrease significantly. Why - because agricultural and forestry lands are taxed on the land use value rather than the assessed value. Land use didn't change. Good for them -  perhaps that will help preserve our farmland and open spaces.

Meanwhile, up the road in Harrisonburg, assessments are up 7.7%. Hey, weren't Augusta's up 28% or something like that? Yep, but this is apples and oranges... and figs, and grapes, and raspberries. How so?

Well, first of all Harrisonburg reassesses annually while Augusta is on a 4-year cycle. In short, Harrisonburg saw these increases in a year when the real estate market melted down! Most of the Augusta increases occurred in the first three years. Other differences - Harrisonburg's increases were driven by commercial property while the biggest uproar in Augusta was over agricultural land of which there is little in the city; some in Augusta never fully understood the land use part of the equation. The increases for homes in Harrisonburg generally ranged between 1% and 5%, but again that was in one year (a down year at that), not four.

So, even considering the apples and oranges and the figs and grapes... it seems to me that Augusta's reassessments were pretty much in line with actual values. Were there mistakes - sure; many of them. Remember this is a mass assessment for which the county paid about $15 per parcel - in short, it is a drive-by assessment. There was an appeals process (nearly everyone I've talked to who availed themselves of this opportunity got some relief) and there is an ongoing Board of Equalization.

What about raspberries? The raspberries are for the rude and mean-spirited #^$%*@&! who shouted at and badgered the supervisors. The most rotten raspberries are reserved for the self-serving Francis Chester and all who encouraged this demeaning of our government by the people for their own narrow purposes.

Secret Socialist?

I don't often troll by to read swacgirl's gibberish, but I wanted to see how she'd misreported Francis Chester's day in court. When she finally posted something, it was a doozy of a stinker - we can all agree that comparing Francis Chester to Thomas Jefferson as a modern day incarnation of the "Citizen Farmer Patriot" is beyond absurd. I'd call it chicken sh*t.

But, that's not the subject of this post. Seems swacgirl/Lynn Mitchell is a closet socialist. Yep, if you scroll a bit on her blog you'll find she really admires government involvement in private business and government ownership of our most precious resources.

The evidence - she extolls the virtues of the Staunton trolley, which is city-owned and free to anyone. Damn the city - a private entrepreneur is denied the chance to make a profit! Then in series of posts she sings the praises of our National Parks and Shenandoah National Park in particular. Our National Parks are one of the greatest examples of government acquiring (sometimes by eminent domain) our most treasured resources for the common good so that all may enjoy them no matter their economic means. Mountaintop KOA, anyone?

I like the trolley (but have never taken a ride) and love our National Parks. But, then again, I believe government can be a positive influence in people's lives and think many government programs are good even if they don't benefit me personally. Lynn, and her ilk only like government when they reap the rewards. Does she have a problem living in a "commonwealth?"

Reassessment furor ends in a whisper

The hue and cry about reassessments in Augusta County apparently ended with barely a whisper last night when the Board of Supervisors voted 7-0 to lower the tax rate to 48¢. It had been 58¢ since the 1980s. In passing the $72 million budget that is almost 5% less than last year's, supervisors reduced spending in some areas, gave no raises, and eliminated or froze 18 positions in the various offices including some affecting public safety.

Even with the increase in assessed values, with the cut in the tax rate many of the county's homeowners will see a decrease in their real estate tax. On the home front, my taxes will drop about $80 per year in spite of the improvements we've made and a (deserved) higher assessment. Many farmers with pasture and cornfields in land use will also enjoy a reduction on that part of their real estate tax. 

All that's left is for the Circuit Court judge to dismiss the groundless lawsuit brought by perpetual gadfly Francis Chester and send him back to his sheep. One good outcome of all the publicity was getting that hypocrite to pay back taxes. But, from where I roost, he and his cohorts owe residents an apology for fanning the flames of fear and division with his rants and misinformation.

Conundrum

The bill for The News Leader has been sitting on my desk for a couple weeks - $133.69 for the annual subscription. My caller ID says they called on Black Friday. They'll probably call back today... and tomorrow... and later in the week. My conundrum - subscribe or not?

Today's paper is two thin sections, a total of 14 pages. Some days are a little bigger but not much meatier. About half of those pages are "news" or sports without ads. I say "news" because I don't consider things like road reports, restaurant inspections, TV listings, and horoscopes as news. Most days I spend 10 minutes or less with the paper.

Lots of pictures... is the one of the hunter on A3 recycled from a day or so ago? And the pictures, though colorful, are often huge and take up half or more of the page. They say a picture is worth a 1000 words, but in the case of The News Leader I get the feeling giant pictures are used because the paper doesn't have enough words to print.

With the immediacy of TV and the internet, why do we need about a third of a page devoted to the weather forecast? By the time I get the paper, that section is out of date!

And then there are the ads... and lots of them. Taking up more space than text on some pages. Some days, there are ads on the font page. There are the sad foreclosures. Then there is the daily pumpkin or other three column x 5 inch ad by Francis Chester. He must have a sustaining membership. Doesn't he realize that sometimes less is more?

But, there are all the reasons for keeping the subscription... firing up the wood stove, cleaning windows, wrapping fragile gifts, and the valuable coupons. I think I saved $2 at the grocery store last week.... ah the math, $2 x 52 = $104. Almost pays for the subscription... that is if I remember to clip/use 'em!

But, there are so many other things to do with $133.69. A donation to The News Leader/Salvation Army's Neediest Families program, the Blue Ridge Area Food Bank, and the Augusta Regional Free Clinic will give much more satisfaction than 10 minutes a day kicking myself in the butt for spending so much on a subscription that delivers so little.

Conundrum solved.

April 1

Francis Chester says he will file suit in the Augusta County Circuit Court today demanding that the reassessments be rolled back to the 2005 level. A groundless suit filed by this "lawyer" on April Fool's Day. It couldn't have been scripted any better.

The real butts of this joke are the taxpayers of Augusta County who will have to pay the costs of defending against a frivolous case.

Tearing the mountains down

Last week I traveled with the Sierra Club and other concerned groups and individuals to Wise County, VA to attend a public hearing conducted by the Army Corps of Engineers on "Nationwide Permit 21." I readily admit I knew virtually nothing about NWP 21 just seven days ago. But, I was generally familiar with mountaintop removal coal mining that I'd seen firsthand on visits to southwest Virginia and Kentucky over the past two decades.

The hearing was held at Mountain Empire Community College in Big Stone Gap, VA. Local police were out in force in the parking lot and outside the hearing room (didn't see any inside).

In case you are not familiar with mountaintop removal coal mining, it involves blowing up the tops of mountains to reach seams of coal. Millions of tons of waste rock and debris is then dumped into the valleys below, causing permanent damage to the ecosystem and totally covering small springs and streams that are the headwaters of our great rives. This destructive mining technique, has damaged or destroyed nearly 2,000 miles of streams and threatens to destroy 1.4 million acres of land by 2020. The mountaintop removal coal mining poisons drinking water, lays waste to wildlife habitat, increases the risk of flooding, and even wipes out entire villages in the hollows of Appalachia.

Photo from Southern Appalachian Mountain Stewards.

Photo taken October 16, 2009 near Appalachia in Wise County, VA. Fog shrouded much of the area making good photos difficult.

There was some "friendly" conversation between folks on each side of the issue. But, make no mistake, the hearing was filled with tension and attempts by some pro-coal folks to shout down the opposition. That tension was most keenly felt by opponents of mountaintop removal who live every day with harassment and shunning. The room, which held 428 was packed and perhaps that many more waited outside. Some on the pro-coal side chanted "tea Party" and talk radio antigovernment rhetoric. There was even a whack job lawyer who reminded me of Francis Chester.

Southern Appalachian Mountain Stewards is among a coalition of groups trying to end this destructive practice.

So, what was this hearing all about?

Currently NWP 21 authorizes "discharges of dredged or fill material into waters of the United States associated with surface coal mining and reclamation operations provided the activities are already authorized...." In short, it provides a blank check authorization for such mountaintop removal coal mining. It is set to expire in March of 2012.

In June of 2009 the Corps of Engineers, the Department of the Interior, and the Environmental Protection Agency signed a Memorandum of Understanding that would implement further environmental protections for mountaintop removal coal mining in six states including Virginia. The Virginia counties affected include the well-known mining areas of southwest Virginia and extend northward to Bath, Highland, and Rockbridge counties.

One major impact of changing NWP 21 would be that each mountaintop removal site would have to receive individual authorization, including an opportunity for public comment. Compared to the current rubber stamp process, this would give the Corps far more information upon which to base their analysis of the environmental impacts of a new or expanded site.

I was struck by the fact that currently individual permits are not required for mountaintop coal mining that can take off up to 1,000 feet of a mountain over hundreds of acres in the ecologically diverse Appalachian Mountains. And most of that mountaintop ends up filling valleys, hollows, creeks, and springs that sustain our lives in so many ways.

Then I remembered that a neighbor who wants to erect a residential windmill has to go through a permitting process including a public hearing. Yes, we have private property rights, but it is critical that the use of one's property does not adversely affect his neighbors. This windmill won't tear up the land, won't spoil the water, and other than visual impact will have little effect on neighbors. Yet, a coal company can blow of the top of mountain without even having a public hearing.

To comment on NWP 21 and stop the rubber stamp permits to coal companies and the raping of our mountains and valleys, visit the Sierra Club. For more information on mountaintop removal coal mining check out these groups who are fighting for us every day.

• Southern Appalachian Mountain Stewards
• Sierra Club
• Southern Environmental Law Center
• Appalachian Voices
• iLoveMountains.org

Assessing reassessments II

Pastures Supervisor Tracy Pyles says it is time for the battle over reassessments to end and for the county to move on to the budget and other matters. He also told the News Leader that he does not support Francis Chester's threatened lawsuit or the recall petition.

The wounds from this battle will be raw for a while, but I have no doubt the BOS can rebuild a working relationship that puts the residents of the county first. There will be challenges enough in finalizing a budget that features a cut in the real estate tax rate from 58¢ to 48¢ per hundred dollars of value (basically revenue neutral), layoffs, and cuts in services.

While the memories of the reassessment are still fresh, the board and residents should resolve to work for changes in the way the state required reassessments are conducted. Some may be achieved locally while others may need authorization or help from Richmond. A starter list:

• Reassessments should be done every two years to improve timeliness and accuracy while reducing sticker shock.
• Reassessments should be done in-house by a independent office shielded as much as possible from political pressures. The Commonwealth should pass legislation and funding to assist with technology, training, and legal safeguards.
• Legislation should be passed to place the burden on the assessor to justify large increases (say over 8 or 10% annualized) rather than being on the landowner to show why the increase is unjustified.

Sometimes our biggest disagreements can result in the best positive steps forward. Hopefully, that will be the case this time.