Obama Mosaic taken from Route 250 Bypass on Oct 29 after Obama visit to Charlottesville

I learned yesterday that the Obama Mosaic that has been mounted on a heavy-duty wooden sign on Route 250 Bypass was removed sometime Friday night or early Saturday morning. Some unknown individual sawed through the 4"X4" posts and absconded with the sign. It is unknown if the sign was stolen for its artistic value, or by someone who is opposed to anything Obama. Simply put, this act is a crime and theft and/or destruction of private property is not something that we should tolerate in Charlottesville.

Local radio host Rob Schilling posted a comment about the Obama sign being removed on Oct 07, 2010 claiming a variety of political reasons for removal of the Obama sign. Schilling was totally wrong in his assessment. In fact, the Obama sign suffered from being exposed to sun, snow, salt, etc. and the adhesive backing used in constructing the mosaic sign failed. The sign was in my possession until I did the necessary repairs to the mosaic I created back in 2008. The sign was remounted on Route 250 Bypass earlier this month when the restoration was completed.

I realize that Rob Schilling is in the entertainment business and not necessarily in the business of providing factual material for consideration by his listeners. But had he done a bit of fact checking, he could easily have discovered the facts surrounding the temporary removal of the Obama Mosaic. Perhaps there is more entertainment value for listeners and better ratings for the Rob Schilling Show to present wild speculation rather than well researched information.

In a Schilling Show blog of Oct. 7, it is stated that "An inspection of the site yielded no evidence of vandalism or destruction; no shards of smashed ceramic were detected." But, now there is clear evidence of vandalism and destruction of the sign. I encourage Rob Schilling to discuss this vandalism on his show and post another blog entry about the Obama sign. Although I am not a regular listener of his show, I would gladly tune in to hear him condemn vandalism and destruction of this sign as an unacceptable and illegal act in our community.

I am sending a copy of this blog posting to the Schilling Show and I will encourage that Rob Schilling present a clear position on freedom of expression on private property and if he supports or opposes the removal of the Obama mosaic from private property.

-- Peter Kleeman

FHWA publishes Finding of No Significant Impact for Route 250 Bypass Interchange at McIntire Road - CPMP considers legal action.

The Federal Highway Administration has published a Finding of No Significant Impact for the Route 250 Bypass Interchange at McIntire Road in the October 13, 2010 edition of the Federal Register.

This posting is given below with links to many of the documents, laws, etc. referenced in the posting. I added these links so that you can browse some of the documents, laws, etc. of interest to you.

The Coalition to Preserve McIntire Park (CPMP) is currently reviewing the Environmental Assessment, the Final Section 4(f) Evaluation for compliance with the National Environmental Policy Act, Section 4(f) of the Department of Transportation Act of 1966, and Section 106 of the National Historic Preservation Act. CPMP is working with its attorney to determine if legal action is desirable to preserve McIntire Park.


Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices, pp. 62919-20

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Final Federal Agency Actions on the Route 250 Bypass Interchange at McIntire Road Project in Virginia

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions by FHWA.

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SUMMARY: This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to the Route 250 Bypass Interchange at McIntire Road project in the City of Charlottesville, Virginia. Those actions grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the project will be barred unless the claim is filed on or before April 11, 2011. Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal agency for a highway or public transportation capital project shall be barred unless it is filed within 180 days after publication of a notice in the Federal Register announcing that the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed.

FOR FURTHER INFORMATION CONTACT: Mr. John Simkins, Senior Environmental Specialist, Federal Highway Administration, 400 North 8th Street, Richmond, Virginia 23219; telephone: (804) 775–3342; e-mail: John.Simkins@dot.gov. The FHWA Virginia Division Office’s normal business hours are 7 a.m. to 5 p.m. (eastern time). For the City of Charlottesville (the project sponsor): Ms. Angela Tucker, Development Services Manager, P.O. Box 911, Charlottesville, Virginia 22902; telephone: (434) 970–3993; e-mail: tuckera@charlottesville.org. The City of Charlottesville’s normal business hours are 8 a.m. to 5 p.m. (eastern time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following project in the State of Virginia: Route 250 Bypass Interchange at McIntire Road. The project would involve construction of a grade-separated interchange at the existing intersection of Route 250 Bypass and McIntire Road. The project would reduce traffic congestion and improve community mobility. The actions taken by FHWA, and the laws under which such actions were taken, are described in the Revised Environmental Assessment, the letter finalizing the Environmental Assessment process and requesting a Finding of No Significant Impact (FONSI), the FONSI that was issued on September 29, 2010, the Final Section 4(f) Evaluation that was approved on September 29, 2010, and in other documents in the FHWA project records. The Revised Environmental Assessment, the letter finalizing the Environmental Assessment process and requesting a FONSI, the FONSI, and the Final Section 4(f) Evaluation can be viewed on the project’s internet Web site at http://www.250interchange.org. These documents and other project records are also available by contacting FHWA or the City of Charlottesville at the phone numbers and addresses provided above.

This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to:

1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321–4351]; Federal-Aid Highway Act (FAHA) [23 U.S.C. 109 and 23 U.S.C. 128].

2. Air: Clean Air Act [42 U.S.C. 7401–7671(q)].

3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303].

4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544 and Section 1536].

5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et seq.].

6. Social and Economic: Farmland Protection Policy Act [7 U.S.C. 4201–4209].

(Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.)

Authority: 23 U.S.C 139(l)(1).
Issued on: October 6, 2010.
John Simkins,

Senior Environmental Specialist.

[FR Doc. 2010–25697 Filed 10–12–10; 8:45 am]
BILLING CODE 4910–RY–P

Can VDOT really open the Meadow Creek Parkway?

The Virginia Department of Transportation is planning to open a portion of a road project in the very near future. I contacted the City Attorney to inquire about the legality of VDOT doing this. Below is my note to Attorney Craig Brown on the subject. I like to think that the city will follow its own ordinances. We shall see.


Date: September 14, 2010
To: Mr. Craig Brown, Charlottesville City Attorney
From: Peter Kleeman
RE: Opening of Meadow Creek Parkway on a temporary basis north of Melbourne Road

Dear Mr. Brown

I was recently informed by VDOT that VDOT intends to open the Meadow Creek Parkway facility on a temporary basis starting in the next few week to facilitate construction activities on Rio Road in Albemarle County. As I read the June 2, 2008 ordinance passed by City Council entitled "AN ORDINANCE GRANTING PERMANENT AND TEMPORARY EASEMENTS ACROSS CITY-OWNED PROPERTY IN ALBEMARLE COUNTY (MELBOURNE ROAD AREA) TO THE COMMONWEALTH OF VIRGINIA (VDOT) FOR CONSTRUCTION OF THE MEADOW CREEK PARKWAY", no opening of a portion of the highway improvement project(s) connecting Rio Road to the Route 250 Bypass at McIntire Road is allowed until all of the projects are complete. VDOT’s proposed temporary opening of the Meadow Creek Parkway north of Melbourne Road even on a temporary basis appears to be a direct violation of the June 2, 2008 ordinance

The specific wording stating this condition in the resolution portion of the June 2, 2008 ordinance is as follows:

“BE IT FURTHER ORDAINED that the Council’s consent to the conveyances of easements as described herein is contingent on the following conditions:

(1) that no part of the Meadow Creek Parkway project (i.e., the Albemarle County Meadow Creek Parkway section, the City McIntire Road Extended section, or the Interchange/Intersection project at the 250 Bypass and McIntire) will be open for public use until the entire project is complete and ready for opening;”

I explored the City Code to determine what would be necessary to amend this ordinance if council wished to allow opening of the Meadow Creek Parkway facility on a temporary basis. The process necessary for council to follow is stated in Article II, Division 1, Section 2-100 of the City Code (given below) where the issue of amending an ordinance is addressed.

"Sec. 2-100. Repealing and amending ordinances generally.

No ordinance shall be amended or repealed except by an ordinance regularly introduced and adopted.

(Code 1976, § 2-34)"

I believe it is unlawful for VDOT to open the Meadow Creek Parkway unless and until City Council formally amends or otherwise supersedes the explicit prohibition of such an opening as provided in the June 2, 2008 ordinance. It is my recollection that the Charlottesville School Board originally requested that this condition be included in any ordinance granting construction easements to VDOT for the Meadow Creek Parkway because of their concern for safety of students traveling to and from Charlottesville High School on Melbourne Road. I believe that an investigation into the safety concerns expressed by the Charlottesville School Board must be done that shows the opening not to result in significant risks to Charlottesville High School students, teachers, and staff prior to amending the June 2, 2008 ordinance to allow opening of the Meadow Creek Parkway.

I am copying this email to council and the Charlottesville School Board for their consideration of this matter.

If there is some legal agreement that is in place that supersedes this ordinance, and explicitly allows opening of the Meadow Creek Parkway as proposed by VDOT, I would appreciate your providing me a copy of that agreement.

Sincerely,
Peter Kleeman

Back from fun in the sun at Virginia Beach

I just spent a few very fun days in Virginia Beach at the Seaside Garden Hotel. Here is the picture of the hotel from their website. I was staying in room 452 and I believe this is the best room for ocean views in the area and at a very modest off-season price. The room is the one in the upper right corner of the photo (with south- and east-facing windows). You get a terrific view of the sunrise through the east-facing windows (and from the private balcony). You can also view the shoreline and boardwalk from about the fishing pier (14th street) to the northern end of the boardwalk from the balcony. What a treat.

The water is a very comfortable temperature now, too. So, if you are in need of a few days at the beach, check out the Seaside Garden Hotel. Rates go down even more in October. Perhaps I will spend another few days on the beach then.

Tom Perriello speaks at Jefferson Area Tea Party meeting

photo: Daily Progress

I attended the Jefferson Area Tea Party meeting last night at Arby's - Forest Lakes to see how the interaction went between Tom Perriello and local Tea Party members. Little did I know that I would appear in the photo on the front page of the Aug. 27, 2010 Daily Progress (see photo below). I arrived one hour early to be sure to get in after being informed by Tom Slonaker - owner of the Arby's store - that there is limited seating and no more the 120 people - the fire code limit - would be allowed to be present for the meeting. As it turned out, I could have arrived anytime and been able to get in.

I enjoyed chatting with several early arriving Tea Party members and felt welcomed a non-member of the Tea Party by some, and not welcomed by others. I bought an Arby's Sandwitch and a drink and waited for the meeting to begin and for Tom Perriello to arrive for his 6:30 pm presentation and Q&A period.


photo: Daily Progress

During the Tom Perriello interaction, several of the members present expressed a high degree of anger and frustration in their questions of Tom Perriello's voting record, position on displaying signs at his town hall meetings, and statements he has made. Tom was quite impressive in answering these questions in a clear and understandable way. Clearly, not all in the room agreed with his answers, but the audience did allow him to speak and answer without any significant interference.

I was glad I went to this event. I hope I can discuss the nature of this interaction between Tom Perriello and the Tea Party members present in one of my TV-19 Political Monday segments I do with Joe Thomas (a Tea Party member himself) at 6:45 pm on Charlottesville TV-19 (WCAV) every Monday.

Perhaps I am a political optimist, but I believe Tom may have opened the minds of some in the room to the fact that he is working to improve the prospects of most of the people living in the Virginia 5th Congressional District and in fact agrees with and works to pass bills supported my many of the Tea Party members.

I continue to be impressed by Tom Perriello's ability to respond directly and honestly to questions that are asked of him by some of his most vigorous opponents.

I believe Tom Perriello has done an excellent job representing the 5th district, and I will be supporting him in his campaign to continue as our congressman in the upcoming election.

My Week on the Clearwater

I have just finished a week of sailing, educating, fishing (with a net), singing, and more on-board the Clearwater. I boarded in Beacon NY on June 12, and left the boat at Croton-on-Hudson NY on June 18. Here are a few of my photos of my adventure.


Captain Nick uses a block and tackle to handle the tiller while most of the crew were delivering the education program and not available for tiller duty.



The tiller has this bigger than life-size fist carved into it. It is great to be working the tiller and holding onto this fist. In light wind, one person can handle the tiller, but when the wind is strong, several people are needed to steer.



Shade was hard to come by. Here is a row of crew sitting along the shade made by the boom. We were simply drifting in the middle of the Hudson River during lunch in the hot sun. The sails were down and we were preparing to dock the boat in Croton Point Park, NY where the Great Hudson River Revival festival was being held.



Pete Seeger, one of the primary advocates for cleaning up the Hudson River in the 1960's and one of the Clearwater founders signs autographs after singing at the Strawberry Festival in Beacon NY.


Here I am in my rain slicker during the Public Sail of Beacon NY. This was the first sail of about 12 sails we did during the week. Fortunately, this was the only sail I needed to use foul-weather gear during the week.


Captain Nick teaches two high-school students to handle the tiller. In high wind conditions, it may require four or more people to handle the force on the tiller.



The Mystic Whaler sails near Clearwater. Both Captains were enjoying the opportunity to compete with each other and get the most performance from their boats. Although they were not racing, they seemed to enjoy forcing the other boat to tack and demonstrating their ability to head closest into the wind.



The Mystic Whaler, a sister ship of Clearwater sails nearby of Croton Point. Both Clearwater and the Mystic Whaler were part of the Clearwater Festival that was held at Croton Point Park on June 19-20. This is a major annual music festival that is put on to support the Clearwater environmental mission.


Education Intern Laura teaches Hudson River Valley History to a group of students in the main cabin. My bunk was in the stern just off the main cabin. Twelve people had bunks in or just off the main cabin. Pretty close living, but fun for a week. Some of the permanent crew call their bunk 'home'.


Education Intern Laura teaches a group of students from a school in Harlem how to read nautical charts at the Navigation Station.



Two of the volunteer crew members (Lane and Beth) doing their dish-washing chores. Everyone including the captain, the crew, and volunteers had chores to do. A great experience in group living.


The fish, crabs, etc. are being removed from the Otter Net and put into what was called the "Fish Ambulance" before being sorted into various fish tanks at the "Life Station"


Here is a shot of dinner in the main cabin. About 16 people comprised the on-board staff for the week. Mandy, the cook, prepared three excellent meals a day. It was crowded if everyone was eating in the main cabin - but on most days the weather was fine for eating on-deck.


Deck hand, Chelsea prepares the Otter Net for tossing into the Hudson. During the week, we caught shrimp, crabs, Hog-Chokers, Perch, Flounder, and some other sea critters. These all get discussed in the "Life Station" during the education sails.



Deck Hand, Chelsea, sings the student written song (done to the tune of "This Land is Your Land"). The song contained verses about arithmetic, hair gel, and Jamaica, in addition to verses on sailing.



Permanent crew member, Chelsea, works with students in writing a song about sailing on the Clearwater.



Beth, one of the volunteer crew members, shows a crab caught in the fishing net to a group of students at the "Life Station".



This is a photo during a "Public Sail" at the Strawberry Festival (June 12, 2010) aboard Clearwater. I am standing about mid-ship looking toward the stern. The Clearwater is about 106 feet in length.


Captain Nick Rogers teaches a group of fifth grade students to sail Clearwater using the tiller during one of the several education sails during the week.

Yes, you too can be a Clearwater Volunteer and spend a week on-board Clearwater. Check out this opportunity at clearwater.org where you can become a member and submit an application to be a volunteer. Clearwater sails primarily in the Hudson River Valley south of Albany starting in April and ending in October of each year.

Political Monday clips available online

If you are interested in seeing Political Monday TV clips, Joe Thomas (my Political Monday partner) posts the shows on his WCHV Radio Show website. If you are interested, check them out here (http://wchv.com/Joe-Thomas-on-CBS-19/4022311).

Joe has links to a large archive of shows so you can view many of our previous shows. Political Mondays with Peter Kleeman and Joe Thomas has been a weekly show at 6:45 pm on TV-19 since last July. That is about forty shows.

I invite you to tune in to hear our comments on political issues of the day. The 50-year water plan was yesterday's topic and we will likely be addressing the Republican Primary for the Fifth District U.S. Congressional Seat next Monday.

Photo Source: Newsplex.com (From left to right: Peter Kleeman, Dan Schutte, Joe Thomas)