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Garvey Raises Red Flags About Public-Private Partnership Vote

By ARLnow.com

Thursday - 12/6/2012, 4:15pm  ET

County Board Member Libby Garvey was recently reelected, having run on a platform of being an independent voice on the Board. True to that promise, today Garvey raised questions about the propriety of another Board member’s business dealings, given a matter currently before the Board.

Garvey is calling for the Board to delay its scheduled vote on adoption of Virginia’s Public-Private Transportation Act (PPTA). The vote is currently scheduled for Monday, after being deferred at the Nov. 27 Board meeting.

The County Board is considering using a private-public partnership for the design, construction and operation of the planned Crystal City streetcar. The Board would need to adopt the state PPTA in order to enter such a partnership.

Garvey, however, has expressed concerns about the PPTA, maintaining that additional public interest safeguards are needed. She cited “problems with the PPTA procurement for the [Metro] Silver Line,” and a recent report by the Southern Environmental Law Center that found “flaws” in the Virginia PPTA, as reasons why the Board needs “more time to study the implications of adopting the PPTA guidelines and to consider safeguards that will ensure full and open competition and true risk-sharing by the private sector.”

In an email sent to the rest of the Board this morning, Garvey took her concerns a step further, raising questions about whether Board member Chris Zimmerman should be voting on the PPTA, given that he recently disclosed that he’s working as a consultant for AECOM, a large construction, design and transportation conglomerate. AECOM has worked on streetcar and light rail projects in a number of U.S. cities, including Los Angeles, Atlanta, New Orleans, Minneapolis and Grand Rapids.

(A representative from the Minneapolis project spoke at a County Board work session last month about the city’s experience with its public-private partnership.)

In the email, Garvey asked Zimmerman to consider recusing himself from the PPTA vote given the appearance of a conflict of interest.

Dear Colleagues:

I spoke with Chris briefly yesterday afternoon about our possible vote on Monday concerning the PPTA and asked if he would consider delaying and then if he would recuse himself from the vote. At the moment, Chris sees no reason to delay or recuse himself.

So I am writing to all of you because I am very concerned about how this could look to our public and this concerns us all. Chris sent us a letter on October 25, 2012, notifying the Board of his consultant contract with AECOM Canada East. In that letter, Chris stated that “there is the possibility that at a future point it may be necessary for me to disclose my affiliation with the company in matters coming before the Board . . . and to even disqualify myself from participation in those matters.” In the letter, Chris also states that he wants “to be certain to anticipate any potential conflict of interest (or appearance of conflict) that could arise.” I think with the PPTA issue we are at that point and hope Chris will reconsider, and that we all can take a step back here.

Since I am new to the Board, I have only recently become aware of the extensive contractual relationships that have existed between AECOM and Arlington County Government for at least the last few years. With respect to Columbia Pike, AECOM has participated in the Transit Initiative Traffic Report, the peer review of capital cost estimates for the streetcar, the Columbia Pike Land Use and Housing Study and the Columbia Pike Neighborhoods Plan. AECOM also has worked on the Crystal City Multimodal Transportation Study, the Four Mile Run Demonstration Project, and the Crystal City Second Entrance and Access Study. AECOM has several offices in Arlington, briefed us tonight on streetcar vehicles, and was one of the companies to brief us about public private partnerships — the exact issue we will be voting on. I think anyone would assume that it is quite likely they will be doing additional work for the County and, should we adopt the PPTA, they will be submitting an unsolicited bid.

AECOM has been and continues to work on streetcar projects and other transportation projects in the United States, Canada and elsewhere. Its website includes a section on public private partnerships (P3) and states: “AECOM has been involved in at least 90 percent of the Unites States P3 transportation projects.” The company states that P3 projects work well when, among other factors, there is “political support from the top.”

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