WATER WAR: VA Supreme Court Panel Denies City’s Appeal

By GEORGE BROMLEY
Falls Church Times Staff

September 2, 2010

A three judge panel of the Supreme Court of Virginia has turned down Falls Church’s appeal of a ruling of the Fairfax Circuit Court, which found the City’s practice of transferring water system profits to its general fund unconstitutional.

“The City is disappointed with this decision and will be filing a Petition for Rehearing for consideration by all members of the Supreme Court,” said Wyatt Shields, Falls Church City Manager.  While the City’s petition is pending, the stay of the Circuit Court’s ruling against the City will remain in effect until a final order is entered by the Supreme Court.  If the petition is rejected, Falls Church must return $2.2 million to the water fund in compliance with the decision of the Circuit Court.

On January 6, 2010, Judge R. Terrence Ney held that the City’s practice constituted an “extraterritorial” tax on Fairfax County ratepayers, who comprise 92% of the water system’s customers.  Falls Church filed an appeal on April 6 and presented its case to the Virginia Supreme Court’s writ panel in Salem in mid-July.  The  panel ruled on September 1that it found no reversible error in Judge Ney’s decision and so rejected the City’s appeal. 

Appellants generally do not prevail in civil cases.  An analysis conducted several years ago found that petitioners had less than a one in five chance of obtaining a writ (the odds in criminal cases are far worse).  However, Falls Church had little alternative than to appeal, given that it can ill afford the transfer of over $2 million from its general fund.  According to the study, the odds on obtaining a rehearing before the full, seven member Supreme Court are 1 in 23. 

Phil Allin, Chairman of the Board of Fairfax Water, said, “We are delighted to do our share to help bring tax relief to Fairfax County customers.  ‘No taxation without representation’ still means something in Virginia .  We are glad this litigation is behind us and look forward to restoring the cooperative relationship we enjoyed with the City before it sued us in February 2007.”

Falls Church sued and lost in U.S. District Court in Alexandria.  The City appealed the ruling, but the U.S. Court of Appeals in Richmond affirmed the decision in April 2008.     

Fairfax Water sued Falls Church on five counts in December 2008.  The City counter-sued Fairfax Water and the Board of Supervisors, but this suit was dismissed in August 2009.

One count of Fairfax Water’s complaint was thrown out and the remaining four were split and tried separately.  Count V, the subject of the City’s appeal to the Supreme Court, was tried Judge Ney in September 2009.  The remaining three counts were tried before Judge Ney in February 2010, but the parties reached a settlement before conclusion of the proceedings.

A copy of Fairfax Water’s April 26 response to the City’s appeal is available here.  Additional documents are available at the City’s and Farifax Water’s websites.

Kaylin & Barry Deny Receiving GOP Endorsement

By GEORGE BROMLEY
Falls Church Times Staff

August 27, 2010

City Council members Ira Kaylin and Johannah Barry have denied reports that they received Republican endorsement in last May’s municipal election.  They have issued the following statement in response to several articles in the current edition of the Falls Church News Press:

We neither asked for, nor received, an endorsement from any party. Frankly, and to the credit of Falls Church City residents, very few voters cared about national political affiliation.

We received support from those voters who are concerned about the continued independence of our City.  We do believe in fiscal accountability. We also believe that we were supported by voters, of both parties, who shared our views, and are deeply appreciative to all those who voted for us on May 4^th.

If the editor of the News Press would like to politicize City elections that is his prerogative.  We strongly believe that the vision for the City should be non-partisan and that achieving the broadest possible City-wide support should be the objective Read more

City Council Shuts Down GEORGE Bus Service

By GEORGE BROMLEY
Falls Church Times Staff

August 10, 2010

Yesterday evening the Falls Church City Council voted 6-1 to terminate the GEORGE bus service.  Vice Mayor Dave Snyder cast the sole dissenting vote.  The service, which has struggled for years, barely survived last spring’s budget cuts and was funded only through the first quarter of FY 2011.

Mr. Snyder called the vote ”short-sighted, in both the short and long term, and much more damaging than you can ever imagine.”   The vice mayor, who termed the decision “anti-environment and anti-worker”, saw no possibility of establishing another service in the foreseeable future.   Other members felt that they could no longer support GEORGE, given Falls Church’s financial situation, but hoped that the City would eventually revisit the issue.

Councilman Ira Kaylin viewed the vote against the service as only the first of a series of difficult budget decisions facing the Council over the next two years.  Councilwoman Robin Gardner offered that the bus was “a wonderful idea but one not utilized as we thought it would be or as effective as we hoped it would be.”  She suggested that once the City’s economic development was “in motion” that it could establish a trolley similar to Alexandria’s.

Mayor Nader Baroukh acknowledged that Mr. Snyder had raised a good point, but joined in the vote to end the service.  He noted that the system’s expected service life was now only 2.5 years, “and then we’d be back to where we are [today] as to what to do about buses.”

The other alternatives before the Council were to terminate the 26W route, while maintaining the 26E, or to eliminate 26W and reduce service on the 26E.  Mr. Snyder moved to bring both options to the floor but no one offered to second them.  Ms. Gardner’s subsequent motion to terminate the service was seconded by Councilman Ron Peppe.

The bus will cease operations on Monday, September 27.  As there is no weekend service, the last runs will be on Friday, September 24.

In other business the Council voted unanimously to authorize purchase of land behind Sherrow Avenue that would facilitate the subsequent “daylighting” of a stream running through Hamlett-Rees Park to Tripps Run.  This process will ease flooding in adjacent back yards and along the trail through the park.  Currently the trail from Broad Street to Thomas Jefferson school is impassable after heavy rains.  The 2,900 square feet parcel will be obtained for $43,500.

The Council voted 7-0 to establish the Pedestrian, Bicycle, and Traffic Calming Group. The new board will help develop a plan which will inventory every City street and will outline policies, design criteria, and specific improvements that will further enhance safety, comfort, and access for walkers, cyclists, wheel chair users, and transit riders.

The Council authorized a one year extension of the City’s information technology support services contract and amended the contract to include additional IT project management services on a month to month basis through December 15, 2011. The contract is in the amount of $470,698. The additional services are not to exceed $10,100 monthly. Mr. Snyder voted to abstain on the measure.

Planning Commission chairman John Lawrence was re-appointed to the Library Board of Trustees. Ms. Gardner, citing a tradition that residents can only serve on one City board appointed by the Council, voted against the appointment on the grounds that Mr. Lawrence’s “library hat has made its way into his Planning Commission decisions.”

Assistant city manager Cindy Mester reported that the community center rooms will be closed for maintenance during the last week of August but that the front desk would be open to accept registration activity.  Ms. Mester also noted that according to an ongoing survey the local farmers’ market was ranked No. 1 in the nation for markets of its size.  Effective August 13, Ms. Mester will serve as the acting General Manager of Development Services, following the departure of Suzanne Cotellessa.

The Council’s next scheduled meeting will be a September 7 work session.

Council Session Focuses on ‘The Gateway’ and GEORGE

By GEORGE BROMLEY
Falls Church Times Staff

August 5, 2010

The Falls Church City Council conducted a lengthy work session Monday evening, focusing primarily on The Gateway development and options for the GEORGE bus service.  The Planning Commission participated in the first two topics under discussion.

The Gateway, is an Akridge project proposed for the 500 block of N. Washington Street.  Three office buildings constructed in the mid-1980s occupy the site, just inside the City line.

Under Akridge’s proposal, an office building and an apartment house/condominium would be constructed, with overall proportions of 30% commercial space and 70% residential.   As a mixed use development, the project would require rezoning and special exceptions.

One of the special exceptions would be for height, as the proposed office building would be 73 feet, though commissioners Melissa Teates and Lindy Hockenberry said they could accept even higher structures, given the proximity to the East Falls Church metro station.  The development is expected to generate from $561,000 to $881,000 in tax revenue.  Councilman Ira Kaylin stated that this depended upon whether the units were apartments or condos.

Vice Mayor Dave Snyder advised that the Council’s Economic Development Committee had twice discussed The Gateway with Akridge.  Although stating he was very excited about the project, he noted that the ratio of commercial to residential was generally 50-50 in the Rosslyn/Ballston corridor.  He added that the City’s Economic Development Authority supported that proportion and that he saw “the gap” between 30% and 50% of commercial space as an issue.

However, commissioner Michael Kearney characterized the corridor as actually five sub-markets and said that it was “misguided” to see the 50-50 ratio as typical in all sections.  Commissioner Rob Meeks concurred and described the City’s environment as “more Columbia Pike than Rosslyn/Ballston.”

Ms. Hockenberry asked if there was any possibility that the project could “die in [the Economic Development] Committee.”  Mr. Snyder stated that the EDC did not have that authority.   The development, first proposed in 2006 but delayed due to the recession, will involve further negotiations with Akridge before the site plan process begins.

Following The Gateway discussion the Council and the Commission were briefed by Parks Director Howard Herman and City Engineer Bill Hicks on plans to improve the Coe Branch stream flowing through the Hamlett/Rees Park to Tripps Run.  Much of the stream now flows underground through pipes.  In order to reduce downstream flooding and improve the aesthetics of the park, the City first must approve the purchase of 2,900 square feet of land behind Sherrow Avenue before beginning the process of “daylighting” the stream.  The cost of the project is expected to be $590,000, funded primarily through state and federal grants.

The Council alone then reviewed options for GEORGE.  Gary LaPorta of the Greater Falls Church Chamber of Commerce briefed the Council on a survey of Chamber members.  Most of those who responded did not see GEORGE service as having a significant impact on their business.  He felt that the service probably was initiated “too early, before Falls Church reached [its economic] potential.”

There was no support for continuing the present level of two loop service, but most members still seemed reluctant to terminate GEORGE.   The most likely options, if service is retained, would be to discontinue the 26W route while retaining 26E (an annual cost of $63,490) or to discontinue 26W and reduce the hours of 26E ($49,560).   The final decision will be made at the next Council session on August 9.

Acting Chief Financial Officer Melissa Ryman reported on City finances.   Real estate tax receipts are expected to be less than previously projected.  The end of year fund balance now is projected at $4,150,081, or $29,000 below the projection made on July 1.

City manager Wyatt Shields advised that an appeal had been filed against a decision of the Historic Architecture Review Board concerning the tearing down of a house on Grove Avenue.  As a result the Council might have to hold a special meeting before September, although it is scheduled to be in recess until after Labor Day.

A Council retreat was tentatively scheduled for the weekend of September 24-26.

Council Defers Vote on Affordable Housing Project Financing

By GEORGE BROMLEY
Falls Church Times Staff

July 30, 2010

Thursday evening the Falls Church City Council voted 4-3 to defer a final decision on a resolution which would change the terms of  the City’s financial commitment to the Wilden affordable housing project.   Vice Mayor Dave Snyder, former mayor Robin Gardner and councilmen Ron Peppe and Lawrence Webb voted in favor of the motion to postpone a vote until August 9.  Mayor Nader Baroukh and new Council members Johannah Barry and Ira Kaylin were opposed.

The vote came after over four hours of debate and discussion during which City Manager Wyatt Shields and City Attorney John Foster both recommended against the proposal to immediately loan $1 million to the Falls Church Housing Corporation (FCHC) and its partner in the project, The Community Builders (TCB).  These entities, collectively now part of what FCHC representative Carol Jackson referred to as the Wilden Partnership, have requested that half of the previously approved $2 million City loan be extended now, lest essential tax credits from the Virginia Housing Development Authority (VHDA) be lost.

Prior to the vote to postpone, the Council voted down a motion by Mr. Kaylin to deny the resolution to accelerate the payment.  Here the mayor, Ms. Barry, and Mr. Kaylin approved, but the other four members were opposed.

After that vote, Mr. Webb stated that although he had not supported Mr. Kaylin’s motion, he would not vote for the resolution to approve the revised financing.   He then moved to postpone the vote on the measure to the Council’s next scheduled meeting.  This motion was seconded by Ms. Gardner and subsequently approved.

The final effect of the deliberations is that the loan agreement originally approved by the Council on March 22 remains in place, but the City has not consented to the quick release of the funds as requested by FCHC and TCB.  Between now and August 9 those parties will endeavor to obtain additional financing for the complex project, which involves both construction of the 66 unit senior affordable housing project (The Wilden at 350 S. Washington) and an adjacent office building (The McKeever at 360 S. Washington), which will provide garage parking for residents of the apartments.

TCB vice president Rob Fossey began the meeting with a presentation which argued that the requested revisions to the loan agreement were minor and represented only a limited risk to the City.   The funds are needed to allow purchase of the building currently at 360 S. Washington from the estate of Thomas Sawner.  The Wilden partners must close on this purchase in order to assure receipt of the VHDA tax credits.

Mr. Shields stated that when the project was approved he believed that FCHC and TCB would be able to obtain the necessary private financing to allow this transaction.  The anticipation then was that Falls Church would not have to release any funds until after the start of construction.

He expressed concern that the City might have to reduce its fund balance at a time when it is under significant financial stress.  He noted that if the Virginia Supreme Court turns down Falls Church’s appeal of the water litigation decision it will have three days to move $2.2 million from its general fund to the water fund.  [Note: Mr. Shields informed us subsequently that he meant to say 30 days, not three days.] Mr. Shields warned that if  this were to happen when the fund balance is already low the City will have a cashflow problem.

Mr. Foster did not detail his reasons for recommending against passage of the resolution but noted he had submitted a memo to the Council Wednesday which set forth his reasoning.

Following extensive comments from City residents and a brief recess, Mr. Snyder suggested that the Council go into a closed session to discuss “financially sensitive information”  and “contract negotiations” withFCHC, but Mr. Foster advised against the move on FOIA grounds.   Ms. Gardner suggested members meet with Ms. Jackson and Mr. Fossey “two by two”, but the mayor vetoed the idea.

Council recessed again to enable Ms. Jackson and Mr. Fossey to briefly explain their interests to Mr. Foster, but he concluded there were insufficient grounds under Virginia code to allow a closed session.  The Council then engaged in questions and debate.

Ms. Gardner suggested two changes to the resolution, but Ms. Barry was opposed “to anything written on the dias.”  Mr. Webb stated the decision was one of the most difficult he had faced and expressed concern about the possible impact on the fund balance.

Mr. Peppe, recalling his experience as a bond lawyer, saw the arrangement as “pretty clean as these deals go” and considered the proposal ‘the best chance we have to get the commercial development we need and affordable housing.”  Vice Mayor Snyder, who spoke most passionately in support of the resolution, felt that the proposal still served the long-term best interests of the City.

Mr. Kaylin saw the City “in very dire financial condition” and not in a position to assume the additional risk.  Mayor Baroukh regarded dipping into the fund balance as “imprudent financial management.”

Prior to the debate nineteen people addressed the Council.  Eleven spoke against the resolution and eight in favor.  A number of past and present City officials expressed their views, the active members stressing they were speaking as private citizens, not as representatives of their commissions or boards.

Planning Commission chairman John Lawrence stated that he was shocked that the request had been made and saw no reason to believe that other outside financing would be forthcoming.   Richard Sommerfield, a member of the Long Range Financial Working Group, reiterated comments published in the Falls Church Times and questioned FCHC’s solvency.   Former Economic Development Authority member Bruce Swenson saw approval as an abandonment of the Council’s fiduciary responsibility.

Eric Hoffman, a former chairman of the Falls Church Housing Commission felt that the request to advance the funds was not significant and only reflected a change in timing.  Former mayor Dan Gardner saw the project as a unique opportunity and argued that “community values” were at risk if it were not approved.  Former councilman Dan Maller, calling some of the recent rhetoric “overheated”, urged the Council to take a long term view and support a “reasonable risk.”   Bob Loftus-Thun, chairman of the Environmental Services Council called the project “a defining moment for our community and a good investment.”  School Board member Kieran Sharpe stated that the City’s record of supporting affordable housing was not as good as Fairfax’s or Arlington’s and that the financial commitment to the project would not jeopardize local schools.

The Council will hold a work session next Monday, August 2.  The August 9th meeting is the Council’s last scheduled session until September.  The fate of the GEORGE bus system is among the items scheduled for a discussion and vote that evening.

Housing Corp Emergency Request for $1 Million Dominates City Council Meeting

By GEORGE BROMLEY
Falls Church Times Staff

July 27, 2010

An item not on the published agenda became the highlight of last night’s meeting of the Falls Church City Council – the Falls Church Housing Corporation’s  request for immediate access to $1 million to save the “McKeever” office building and parking garage, which in turn is necessary for “The Wilden” affordable housing project.  

According to those in attendance at last night’s meeting, financing is still lacking for the McKeever project four days before a crucial July 31 deadline.   

The McKeever and Wilden projects were approved in March by the previous City Council as a joint package.  Because of their close ties, if one project fails, the other likely also will fail.  The Falls Church Housing Corporation (FCHC) has told the City Council that unless financing for both projects is secured by the end of this month, the housing organization will miss out on essential federal and state affordable housing monies intended for the Wilden.     

Originally, the Wilden was to be built by the FCHC and its partner The Community Builders, and the McKeever was to be built by “Flower Building” owner Bob Young.  According to discussions last night, however, Young’s  project appears to lack necessary funding, putting both projects at risk.  To avoid missing its July 31 deadline, FCHC has proposed that it buy the property upon which Young’s building would stand, relieving Young of that obligation and allowing the  McKeever project – and hence the Wilden project – to go forward.  To allow it to buy the property underlying the McKeever project, FCHC is asking the City Council to let it use $1 million of a $2 million loan intended for the Wilden, and to provide the $1 million immediately. 

The FCHC currently owns the site of the Wilden project at 350 S. Washington Street.  The McKeever project is planned for the adjacent property at 360 S. Washington, currently owned by the estate of local businessman Thomas Sawner, who died last week.  Young signed documents earlier this year indicating his intent to purchase the Sawner property, but the sale has not been finalized.

Last night Mayor Nader Baroukh began the discussion of the FCHC’s request for early payment of  $1 million with a number of questions to City staff.  Included among Baroukh’s questions was why there now is a shortage of $1 million, where funds to cover the gap would come from, why the FCHC was facing a July 31 deadline, and what would be the potential financial impact on the City if it approves the FCHC’s request but the McKeever project is not built concurrently with The Wilden.  He also inquired regarding the status of $2 million in Capital Improvements Program funds set aside for affordable housing and asked for a report on the potential risk to the City, given revised financing arrangements.  

Answers to the mayor’s questions weren’t immediately available, but other Council members were not hesitant to express their opinions on the topic.

Former mayor Robin Gardner, who advised that she had learned of FCHC’s concerns only last Wednesday night, viewed the proposed change in the loan agreement as essentially an amendment to the previously approved resolution; i.e., that instead of funding the $2 million at a later point the City would fund half of the money sooner. 

New members Ira Kaylin and Johannah Barry saw things differently.  Mr. Kaylin called the change ”a new proposal, in terms of its financial complexity.”  Ms. Barry concurred, stating “This lack of financial planning is not our crisis.  Though it looks as if we’re shifting distribution dates, in fact this puts the City at a much higher financial risk, instead of the third or fourth contributor to this process we’ve become capital investors, the first in line.” 

Vice Mayor Dave Snyder referenced a statement from The Community Builders, the FCHC’s partner in the project, which claimed that the risk to the City had not increased.  He observed that although there are risks to the City in proceeding, there are also risks in not doing so.  Councilman Ron Peppe agreed with Mr. Snyder and pointed out that the Council had previously endorsed the project by a 6-1 vote.  

Mayor Baroukh, who cast the lone negative vote in the Council’s March 6-1 approval of the Wilden, stated that he did not know why the matter was being raised ”at the 11th hour” and said the change was not what he would call a minor amendment.  “This has some significant implications on some text that took hours upon hours to work through, but now we’re only going to have a few days to fully assess this.”  

One key question will be how the diversion of $1 million from the Wilden to the McKeever project would affect construction of the Wilden, and whether FCHC has identified a source for replacement of the $1 million. 

At press time only the agenda for Thursday’s meeting had been posted on the City’s website.  The primary documents regarding the FCHC’s request were not available.  A link will be added to this story when the documents are posted.  

Late Monday night Councilmen Lawrence Webb and Ron Peppe each told the Falls Church Times by email that they were awaiting more information before forming a position on FCHC’s request.  Councilwoman Gardner said she did know her position, but due to the lateness of the hour, would provide that information along with a comment on the matter on Tuesday.   

Inquiries to FCHC and Young regarding the matter were sent late Monday night after the City Council meeting concluded.  Information received will be made available when received.  

At the request of Gardner and Pepper, the Council has schedule a special meeting Thursday night for consideration of the FCHC request.  The Council is expected to vote at that time on whether to grant the FCHC’s request for early receipt of $1 million. 

On a separate matter, the GEORGE bus service, which was the primary item on last night’s Council agenda, did not receive a lengthy discussion.  Two residents spoke in support of the system and one in favor of its termination.  Mayor Baroukh asked the public to offer their views via email before the Council’s work session next Monday. 

Five options for GEORGE have been under consideration.  Mr. Snyder suggested adding an option of reducing service hours on 26E, while still retaining some rush hour trips on 26W.  The vice mayor also encouraged Gary LaPorta of the Chamber of Commerce, who spoke in favor of the service, to offer recommendations as to how the bus could be used as an economic development tool.  

The Council unanimously approved second reading of a change in the City code to allow the use of photo monitoring systems to enforce traffic light signals.  Police Chief Harry Reitze stated that the department was still pushing for installation of two enforcement systems by early fall but could not offer a specific date. 

Ms. Gardner reported that she and City Manager Wyatt Shields had attended Monday’s memorial service for local developer Thomas Sawner.  She expressed regret that Falls Church had only known him for a short time and praised “the amount of giving he gave to his community.”

In his report to the Council Mr. Shields stated that 130 people dropped off hazardous materials during last Saturday’s collection event.

Council to Hold Special Meeting on Financing of The Wilden

By GEORGE BROMLEY
Falls Church Times Staff

July 24, 2010

The Falls Church City Council will hold a special meeting on Thursday evening, July 29, to discuss the financing of the 66 unit senior affordable housing project at 350 S. Washington Street, known as The Wilden.

The Council voted 6-1 on March 22 to approve a $2 million loan for the project, which is a joint venture of the Falls Church Housing Corporation (FCHC) and its partner, The Community Builders.  Councilman (now mayor) Nader Baroukh cast the sole negative vote.  The Planning Commission approved the project’s site plan on May 17, also by a 6-1 vote, with only chairman John Lawrence dissenting.

One of the conditions of the loan is that financing for an adjacent office building at 360 S. Washington, to be named The McKeever, must be secured and that that structure be under construction prior to the release of funds.  According to the meeting notice, the Council will discuss an amendment to the specific section of the loan agreement (Paragraph 12, sub-paragraph A) that concerns this condition.

The McKeever building, which will provide approximately 39 parking spaces for residents of The Wilden, is a project of local developer Bob Young.  Some sources indicated previously that Mr. Young had acquired the present building at 360 S. Washington.  However, the City’s listing of available commercial space shows that the building is still on the market for $3.3 million (see Page 30).

360 S. Washington was owned by Thomas Sawner, who had signed a non-binding letter of intent to rent office space in The McKeever.  However, Mr. Sawner died on July 11 and his passing might delay or complicate any subsequent transactions.

A more immediate concern is that the FCHC faces a July 31 deadline to file for essential Virginia Housing Development Authority credits.  This submission must include evidence that the requisite financing has been obtained for construction of The McKeever, because that building will provide the necessary garage space for The Wilden.

Special meetings may be held at the request of at least two members of the seven member Council.  The July 29 meeting was requested by Council members  Robin Gardner and Ron Peppe.

The last such meeting was convened in December 2009 on account of a snow emergency.

Thursday’s meeting will be held in the Council chamber at 7 p.m.  The meeting notice and copies of the March 22 resolution and the related loan agreement are available for review at the City’s website.

City Council Discusses GEORGE, Special Exceptions

By GEORGE BROMLEY
Falls Church Times Staff

July 21, 2010

Monday evening’s work session saw the Falls Church City Council continue its deliberations on the fate of GEORGE.  The local bus service, which is funded only through September, faces an uncertain future.

The Council presently is considering five options for GEORGE (costs for each, which assume 30% state reimbursement for operating, are shown in parentheses):

1.  Continue the service at the present level ($147,160).
2.  Keep both routes, but reduce operating hours ($121,050).
3.  Discontinue 26W; retain 26E ($63,490).
4.  Discontinue 26W; reduce hours of 26E ($49,560).
5. Terminate the service (none).

Reduced service would limit the buses’ operation to 7 to 9 a.m. and 5 to 7 p.m.  The GEORGE task force has recommended Option 2.

New members Johannah Barry and Ira Kaylin spoke in favor of retaining the service, but former mayor Robin Gardner felt that it was no longer viable.  Councilman Lawrence Webb concurred and stressed that the City’s greater commitment is to Metro.

Mayor Nader Baroukh stated he would like to retain the service but was very concerned about the drain on the Northern Virginia Transit Commission (NVTC) trust fund account, which has a current balance of $91,514.  The mayor rejected tax increases as a potential fund source.

City Manager Wyatt Shields held out a slim hope that Falls Church might receive transit funding through a federal grant, but cautioned that there was no guarantee the funds would be available even if the earmark were approved by Congress.  A final decision on GEORGE must be made before the Council’s summer recess, which begins August 10.

Before discussing GEORGE the Council held a joint session with the Planning Commission and reviewed the special exception process, which has been used to advance the construction of several large mixed use projects in the past decade, including the Byron, Pearson Square, and the Spectrum, and pending projects such as the Gateway.

Planning Commission chairman John Lawrence wryly observed that it seems special exceptions are now “the rule.”   Perhaps this will remain so as the two bodies seemed generally in accord on the process, with Mayor Baroukh suggesting that only “tweaks” were necessary.

Councilman Ron Peppe and Vice Mayor Dave Snyder were absent Monday evening.

Next Page »