One Year In: An Interview With the New Superintendent

By STEPHEN SIEGEL
Falls Church Times Staff

May 8, 2012

When Toni Jones was hired as the new superintendent of the Falls Church City Schools last year, it may have come as a surprise to some. Many new faces among city officials have experience locally, especially in Arlington or Fairfax counties, while she hailed from distant Oklahoma.

But she ran a highly regarded independent school system there, and has lived in major cities before, among them Sydney, Australia.

The Times recently sat down with her to discuss her early impressions and ideas after a few months on the job.

The first thing she says, in response to a question, is that she hasn’t really found anything shocking or unexpected among what she’s learned thus far, in part because she did ample research on the City and its schools beforehand.

“I feel like I studied the district for a year,” she said. “I’m not going to say there were no surprises, but I tried to do my homework before going here. I understood the demographics.

“The biggest change was living in Northern Virginia,” which has a much larger population than suburban Oklahoma City, where she was superintendent of the district of Deer Creek.

Nevertheless, she likes Falls Church City’s feel of a village within a major metropolitan area. “It’s like living in a small town but has all the luxuries,” she says.

Asked if the area’s steep real estate prices provided any sticker shock, she says no. “I was used to Sydney. I was ready for it here.”

However, the high real estate prices do affect Dr. Jones’ job: they are a major driver of the schools’ budget, as the cost of living in the area means salaries need to be higher. And salaries are the biggest portion of that budget, which is increasing 7% this year.

“Most of our spending is teachers,” she says. But she is quick to point out that another driver of the spending is the growing student population, and that spending per student has been declining for several years, from over $19,000 per student to about $16,000 now.

Dr. Jones also recognizes that while the community wants top-notch schools, many people in town — and on the City Council — are concerned about their cost.

“We have to be very prudent and make good decisions and make sure we’re spending money on aspects that really make a difference in the classroom for children,” she says, adding: “Anybody that works with me knows that being fiscally responsible is something I take a lot of pride in. We’re only asking for what’s necessary to sustain the excellence that we all expect for Falls Church City.”

Another factor driving the spending, while teacher-related, is different and unavoidable, at least by local officials: teacher retirement costs, which are mandated by the state-run Virginia Retirement System (VRS), are rising dramatically in order to put the system, which has billions in unfunded liabilities, on sounder financial footing.

In fact, that’s the biggest issue facing the school budget this year. It’s costing $1.1 million, plus $200,000 in VRS insurance costs. “That’s the greatest increase in Virginia history,” Dr. Jones said, adding that $350,000 would be a more typical figure.

Then there’s the increase in students. Falls Church City schools are in great demand, which is being reflected in a surging City real estate market, and the number of students this year is the “largest year over year increase in 30 years,” Dr. Jones said. “And we didn’t hire any new staff this year. That’s why next year there are five new teachers in the budget — that’s for kids who are already here.”

Another reason for the increase is the number of students who come from multi-unit developments such as Pearson Square on Maple Avenue, where Dr. Jones says as many as 100 kids are at the bus stop.

Pearson Square originally was built to be high-end condos costing in the range of $800,000 a piece for three bedroom floor plans, but the building was completed as the condo market was collapsing in 2008. The developer then chose to rent them as apartments instead.

That made Pearson Square an attractive alternative to single family homes for families who wanted into the City schools. The building subsequently was sold and the new owner intends to keep the units as rentals, at least for the near future.

“We have no plan at the moment to change the property use,” said Robert Ruffatto, managing director of Pearlmark Real Estate Partners, in a telephone interview. “The property is performing extremely well.”

Pearson Square also has added a State Department contract, which added still more children to the schools.

Asked if she is concerned about the rapid enrollment growth and the City’s ability to support it, Dr. Jones said they managed such growth in Deer Creek for many years, and that it wasn’t a problem there. She also doesn’t believe it’s part of her job description to worry about it.

“I think it’s very optimstic to think that you can control growth,” she said. 
“I leave that up to city planners. They know growth means more children. The city hires experts in that field.”

Dr. Jones also didn’t want to sound as if she wasn’t welcoming all the students that live in the City.

“When you have apartments and condos, they are going to be full of families,” she said matter-of-factly. Speaking specifically of the State Department families, she added: “You couldn’t choose a better population to join our schools and really contribute to our schools. They bring a unique diversity.

“We have children who have lived all over the world. When I sit in the classroom and listen, it’s fascinating the experiences the children are able to share.”

Few would disagree with that sentiment, but at the same time, the State Department contract imposes costs, particularly when the city schools already are pushing capacity. Asked if perhaps the City could get any reimbursement from the federal government, she said: “Great question. That’s one thing I’m really studying.”

Because of the capacity issues, plans for expansion and renovation are moving ahead. Thomas Jefferson Elementary School is first on the list, with expansion beginning this summer. The plan remains to move fifth grade back to TJ from Mary Ellen Henderson when the expansion is complete, which is scheduled for April 2013. The expansion includes 15 new classrooms, a kitchen renovation, and new pavement.

A possible expansion of Mt. Daniel also is under discussion, and plans to move the Mt. Daniel preschool program to the Child Development Center on Cherry Street continue apace. That’s been controversial because it would oust the Easter Seals’ popular daycare program from that location, but Dr. Jones said it makes the most financial sense.

“In Falls Church City, if you have the opportunity to own a piece of property, you have to go do it. It’s much more expensive to acquire new land.”

She also said officials have begun discussions about George Mason High School’s future. “We have some work to do to figure out what needs to be done. It’s very old — we work hard to make it look nice, keeping the floors waxed, keeping it painted. The ceilings are very low, and the heating and cooling environmental impact is a challenge.

Another challenge, she said, is security, because of the number of doors to the building and because of the use of trailers that are outside the main building, which was built in 1952. Because of that concern — and concern about the location near Interstate 66 and the West Falls Church Metro Station — the school has a high-tech locking system that unlocks the doors automatically when the bell rings so students can go from trailer to building and vice versa. The system then re-locks the doors when the second bell rings and students are at their new classroom.

The issue of a how to pay for a new high school also became an issue in the just-concluded City Council elections, as several candidates mentioned its estimated $90 million price tag.

Part of the challenge is the size of the parcel that would be needed. The current high school is on a 30 acre site. “It’s not easy to find that size of a parcel. We’re keeping a very open-minded look at every creative option available to us.”

Gardner Found Guilty on Three Counts

By FALLS CHURCH TIMES STAFF
May 2, 2012

An Arlington County jury deliberated less than about seven hours over two days before finding Falls Church community activist Michael Gardner guilty on three charges of sexual abuse involving young girls.

Mr. Gardner, a former chair of the Falls Church City Democratic Committee and husband of former mayor and current City Councilor Robin Gardner, was taken into custody as soon as the first verdict was read. He was found guilty of two counts of aggravated sexual battery and one count of object penetration. The judge declared a mistrial on the fourth count.

News reports said Robin Gardner and other relatives cried upon the announcement of the verdict. It is not known if Mr. Gardner plans to appeal.

Defense attorney Peter Greenspun had a difficult case to defend, given that three girls were making accusations and that DNA evidence supported those accusations when Mr. Gardner’s DNA was found inside one accuser’s underwear.

Mr. Greenspun argued that was simply the result of the girls being at Mr. Gardner’s house, a contention that prosecutor Nicole Wittman of Loudoun County said was preposterous.

The case began last June after three girls, ages 9 and 10, who were at Mr. Gardner’s Ellison Street home for sleepovers with his daughter, made the explosive accusations. Mr. Gardner initially was barred from his own home, a rule that later was relaxed.

A variety of local television stations and other media are in the court room and have more information on the case.

Candidate Voting Records Become Campaign Issue

By STEPHEN SIEGEL
Falls Church Times Staff

April 23, 2012

A surprising issue has joined taxes, schools, and stormwater management in the race for the Falls Church City Council: past decisions by candidates to vote, or not vote, in local elections.

The issue arose in a comment on the Falls Church Times last week by a man named Elliot Mitchell, who identified himself as being from Arlington. Despite his ostensible Arlington location, he said he was working with a candidate for Council whom he did not identify, and noticed that some of the candidates had not always voted in local elections.

He cited Lawrence Webb and Paul Handly for having inconsistent attendance records at the polls in previous elections. Mr. Webb disputed the assertion, while Mr. Handly appears to have ignored it.

Mr. Mitchell then suggested that failing to vote in local elections is a serious shortcoming that should cause residents to avoid supporting Messrs. Webb and Handly in this year’s Council race.

“Sure, everyone misses a vote here and there,” Mr. Mitchell wrote. “We’re all busy. But it looks like Handly and Webb have chosen, for whatever reason, to NOT (sic) vote in local elections. For someone running for a local office, that’s unconscionable.”

Subsequent opinion on the comment thread was mixed. Some thought it was valuable information that the media should be digging up. Others thought it was slimy or a dirty trick, and wanted to know for whom Mr. Mitchell was working.

But no further information was posted by Mr. Mitchell. So the Times decided to investigate. We quickly learned that the computer he used to write his comment was either the very same computer, or one on the same network, as one of the candidates, because they had the exact same Internet Protocol (IP) address, which is like a street address for computers connected to the Web.

Further research showed that a man named Elliot Mitchell also works at the same organization as one of the candidates. The Times left a message on Mr. Mitchell’s office voicemail Thursday that was not returned, and tried again Friday afternoon, only to get voicemail again.

In both cases, the candidate was the same individual: John Lawrence.

After being unsuccessful reaching Mr. Mitchell, the Times called Mr. Lawrence Friday afternoon while he was out canvassing for votes door to door. Asked what he knew about Mr. Mitchell and his assertion, Mr. Lawrence said only: “I have no comment.”

He promised to speak further about it with a reporter this weekend, but failed to return the call.

That the voting data is available at all may seem somewhat surprising. But it is legally available for a fee from the Virginia State Board of Elections in certain specific circumstances.

Those eligible to buy it must fall into one of three categories: candidates for election, political party committees, and incumbent politicians. People not fitting those categories are not eligible.

The use of the information is restricted to candidates to “further their candidacy”; parties “for political purposes only”; and politicians “to report to their constituents.”

Additional information about obtaining voter histories is available through the Virginia State Board of Elections, www.sbe.virginia.gov.

Mason staffer gets great view and photo of Shuttle flyover

By STEPHEN SIEGEL
Falls Church Times Staff

April 18, 2012

Janice Nette has always been a fan of the Space Shuttle. So the George Mason High School secretary and assistant swim coach knew where and when to be for the best view.

And it paid off in spades when the Discovery, which was being flown to Dulles for the last time Tuesday, flew low over Falls Church City on its way to the airport.

She went right to the Haycock street bridge over Interstate 66, which conveniently is just blocks from her place of employment. The result was a fabulous photo of the shuttle on the back of a NASA 747, with a fighter jet flying alongside.

“My dad worked for NASA at Langley in Hampton, so we were big NASA nuts all of our lives,” Ms. Nette said. “When they flew the Enterprise in 25 years ago, it went past my office window at Tysons Corner, and I knew Discovery was coming in today so I wanted to be sure I saw it.”

News reports said it was going to be in the area between 10 and 11, which worked just fine for the part-time secretary. Two other women also were on the Haycock bridge, and they spotted it coming from the west and heading towards Washington — away from Dulles — as it made several rounds for spectators and news cameras alike.

Discovery, which was launched in 1984, will be retired to the Smithsonian’s Udvar-Hazy Center in Chantilly.

“It was exciting to see, yet sad to know that the space program as we know it was at an end,” Ms. Nette said.

Crews defuse antique bomb-like device near Cherry Hill Park

By FALLS CHURCH TIMES STAFF

April 16, 2012

Police, fire, and military crews were dispatched to a part of Virginia Avenue near Cherry Hill Park this morning after a resident in the 200 block reported finding something that looked like a bomb buried in his back yard.

The resident, who wasn’t identified, called about the device, and City police and the Falls Church Fire Marshal responded, closing Virginia and Park avenues shortly after the 10:22 am call. The Arlington County Fire Department and military officials also came to the scene.

The bomb-like device was determined to be an “antique military device,” said Susan Finarelli, spokeswoman for the City. It was unclear if it was an historical artifact left over from the Civil War, or if it was live when the resident found it, but officials “rendered it safe” and the military disposed of it.

As a precaution, residents in seven nearby houses were told to evacuate, Cherry Hill Park was cleared, and a stretch of Park Avenue was closed. The all-clear was given at 12:45 pm, after officials scoured the neighborhood to see if there was anything else of concern. Nothing was found, Ms. Finarelli said.

City Council Votes To Sell Water System

By STEPHEN SIEGEL
Falls Church Times Staff

April 10, 2012

Less than two months after the Falls Church City Council voted to consider selling the city’s water system and asked for expressions of interest in order to gauge buyer sentiment in the asset, the Council made it official: The system is for sale.

The Council voted 6-1 Monday night to authorize City Manager Wyatt Shields to issue a request for offers on the water system; the request, called an “Invitation to Bid,” will be released April 11. The one dissenting vote was that of Dave Snyder, who argued that the floor price of $44 million is too low.

All bidders will be given a list of conditions, which include requirements to keep all current utility employees for one year at “comparable” pay and benefits, as well as a one-year rate freeze. In an interview, Mr. Shields said those are standard conditions and won’t be considered onerous by any prospective buyers. In addition, buyers will have the right to examine the system’s books.

Bids will be sealed and due May 25, at which time an auction format will ensue. Bids will be placed on a board at a public meeting, without identifying the bidder, and bidders will be allowed to increase their offers once they see the others. New bidders also could join in, Mr. Shields said.

City officials will then evaluate the bids, and sign an agreement with the winning bidder, which will be contingent on City voters approving the sale in a referendum scheduled for Nov. 6, the same day as the presidential election.

The winning bidder may not be the high bidder, Mr. Shields confirmed. A variety of other attributes, such as a bidder’s financial strength or operational capabilities, could be considered, and Virginia state law requires those attributes be taken into account.

When the city issued its Request for Expressions of Interest (REI) in the water system Feb. 15, Mr. Shields was careful to note that while the City was considering selling the system, it was not a done deal. Instead, the City also was reserving the right to keep the system or transfer it to a new independent water utility.

That hedging allowed the City to retain some leverage by announcing it was keeping its options open. It also allowed the City to find out how attractive the water system is; officials were gratified by the response, which now includes 10 companies, agencies, and utilities.

“We got responses from all the industry leaders we hoped we would,” Mr. Shields said. “That was useful information. It gave us insight into the approaches the industry would take.”

One thing the City learned through the process is that the sewer system was not considered an attractive asset, and it is not being placed for sale. Instead, Mr. Shields said the city is considering the creation of a new storm water utility with a dedicated funding stream in the form of a fee on homeowners, to manage the impacts of the water that comes from above.

That fee would be split off from the current tax rate, reducing the tax rate but leaving the total cost to homeowners unchanged. Fairfax County already has such a separate fee.

When the City issued its REI in February, Fairfax Water immediately responded with an opening salvo that suggested the City should simply merge its water assets with the County’s. It also suggested a sale to any other buyer might not be approved by the Fairfax Board of Supervisors, which it said must bless any deal.

But the City remains undaunted, and is moving ahead with the bidding process. Asked if there had been any other communication with Fairfax since the County sent that missive, Mr. Shields said only that they’re glad Fairfax had participated in the process, and that he doesn’t expect the County to be surprised by the City’s latest actions.

The proposal to put the water system up for sale marks the latest twist in the ongoing water saga, which began when the City sued Fairfax County over its effort to enter the Falls Church Water territory, a suit that ultimately led to the City being denied the right to transfer water system profits to its general fund and caused the city to begin thinking about the sale.

Falls Church’s system services around 34,000 accounts and 140,000 customers.  Most of its customers reside in Fairfax County.  Fairfax Water services 234,000 accounts and 835,000 customers.

Update, April 10, 5:02 pm: Mr. Shields said today that city officials don’t agree that they need Fairfax’s approval for a sale of the system. In a telephone interview, he said officials believe that any sale is governed by state law and the County would not have a veto. He further noted that any investor-owned utility that wins the bidding would have approval from state regulators to own and operate the system.

2 Zoning Board Members Quit in Dispute Over City Manager’s House

By STEPHEN SIEGEL
Falls Church Times Staff

March 22, 2012

What started as a request for a variance on City Manager Wyatt Shields’ new house exploded into a controversy this week that has so far caused two members of the City’s Board of Zoning Appeals (BZA) to submit their resignations.

The two resignations are those of John Murphy, the board chairman, and Kent Taylor, who each sent letters detailing their unhappiness with City officials this week. Mr. Murphy’s letter, a source says, was a terse two sentence statement that said little other than that he objected to “city policies” and as a result couldn’t continue his service on the board.

Mr. Taylor’s letter, a different source says, is more detailed, but the Times has not yet been able to procure copies of either. Mr. Murphy declined to release his and declined to comment. Asked via email if his resignation letter speaks for itself, he responded: “Yes.”

The controversy began last fall, when Patricia Shields, Mr. Shields’ wife and the general contractor on the new home they are building at 900 Parker Street, requested a variance from the city zoning code to reduce the required “setback” — the house’s distance from the street — from 30 feet to 25 in order to add a second story to the existing one-story rambler.

The house predates the 30 foot setback requirement, and already sits just 25 feet from Parker Street, five feet less than is allowed now. So granting the variance would allow a second story without moving anything closer to the street than it already is, and the board approved it Oct 13.

But the board denied another request, this one for a front porch that would extend 10 feet from the structure. Under the code, a front porch can extend up to eight feet, making the dispute about a difference of just two feet. Nevertheless, the board denied the request the same night.

At this point, it seemed like a minor dispute. But it flared in December when Mr. Murphy visited Mr. Shields’ new home and saw that what was being constructed did not match the board’s ruling, he said at a meeting of the BZA March 15. Instead, a porch was being constructed 10 feet wide, in what Mr. Murphy said “appeared to countermand” the denial from Oct. 13.

City Zoning Administrator John Boyle was out of town the day of the hearing, but City Planning Director James Snyder and City Attorney John Foster defended the city’s decision to grant a permit despite the BZA’s order, telling the board that allowing the porch to extend 10 feet would only place it in line with the existing front stoop, which they said was within the city’s rights.

“The City’s position is that this is consistent with the ‘policy and practice of the City,” Mr. Snyder said.

Mr. Murphy responded by asking where the city code specifically allowed that. “Help me out here,” he said. “It seems to go against the intent of the BZA.”

He continued: “The administrative overruling of the BZA concerns me very much going forward. This is not something we like to see happen.”

Under the law, a denial of a variance by the BZA can be appealed within 30 days in Arlington County Circuit Court, but not in any other fashion.

Mr. Taylor also loudly objected at the hearing. “If this (the city’s decision) is okay, the BZA is useless.” He added later that the board members are all volunteers and he can “find other things I can do with my time.”

He and Mr. Murphy now have done so.

Only one other member of the five-person board was at the hearing. Darcy Williamson didn’t seem to have the same objections; he voted against sending a letter to the city asking for clarification on why they acted as they did. Messrs. Murphy and Taylor voted yes, but three votes were required, so no action was taken.

Justin Castillo and vice chair Howard Stoodley were not at the hearing. Mr. Castillo said he would like to listen to the tapes of the meeting before forming an opinion; Mr. Stoodley told the Falls Church Patch that he thought the resignations were “unwarranted.”

This isn’t the first time that zoning issues and the BZA have been controversial in the city.

In 2005, several residents challenged Mr. Boyle’s ruling on a front-yard setback at 807 Ridge Place, and the BZA overruled Mr. Boyle. The BZA later withdrew that decision, leading to a lawsuit and settlement with the city, according to Gordon Theisz, one of the plaintiffs in the case.

In 2007, Mr. Theisz and several other residents brought suit in Arlington, alleging that city officials were not adhering to the settlement. They lost, but the settlement remained in effect.

In 2010, residents on Forest Drive won a case at the BZA that upheld the same settlement and ruled that Mr. Boyle decided incorrectly on a setback issue involving new construction at 217 Forest. The house subsequently was built further from the street than the original zoning decision required — and as the neighbors wanted.

But the case that sparked this week’s resignations also adds an unusual level of complexity in that it involves a home being built by the city manager, who has power over the employment of the people making the decisions that directly affect him.

Nobody is asserting there’s any corruption involved, but those concerned about conflicts of interest in government could be alarmed. It’s not clear what else Mr. Shields could do; there may not be a provision in the city code for such an unusual situation.

One possibility might be to have Mr. Shields, or any city employee in a similar situation, be required to go directly to the all-volunteer BZA, rather than city staff, when seeking a variance from the zoning code.

Asked to comment on the case since he’s both the city manager and it’s his house, Mr. Shields declined, citing Virginia law on personnel matters.

“We regret the resignations of BZA members John Murphy and Kent Taylor and we thank them for their years of service,” spokeswoman Susan Finarelli said via email. “City Board and Commission members are considered to be personnel under Virginia law, and it is City policy to not comment on personnel matters.”

Mr. Boyle did not respond to a request for comment via email.

City Begins Work on New Rain Gardens for Flood Mitigation

By STEPHEN SIEGEL
Falls Church Times Staff

March 3, 2012

City officials last month began work in three city parks that will culminate in the construction of three new “rain gardens” that are designed to reduce flooding and improve the quality of rainwater.

The parks are Lincoln Park at Lincoln Avenue and Great Falls Street; Berman Park, between Kent and Irving streets; and Crossman Park on Van Buren Street near the Arlington line. The rain gardens to be installed will join two others previously built: in Broadmont at the intersection of Buxton Road and Tysons Drive, and at Thomas Jefferson Elementary School.

The rain gardens are intended to be an attractive improvement that filters and cleans rainwater before it enters area streams, while also improving drainage in City parks, many of which become unusable after a heavy rain.

“If you do them properly, they’ll be a landscape feature, not a drainage ditch,” said Matt Hansen, a civil engineering inspector for the City. “We’re hoping to substantially reduce ponding; the location will be where the pooling is.”

Any resident who’s seen these parks after a rain storm knows how needed improved drainage is: Lincoln and Berman parks frequently look like lakes, and at least one area resident refers to Berman as “Mosquito Park,” because of the mosquitoes that love to breed in the green space’s standing water.

At Berman, city crews will be removing 90 feet of old asphalt, which doesn’t allow for drainage, and replacing it with a synthetic lumber product. The wood substitute, which should stand up to rain better than real wood, will be mounted on piers about six inches above the ground. But the asphalt isn’t the main reason the area floods; the heavy Virginia clay soil deserves most of the blame.

Work already has begun at Lincoln Park, which involved taking down several large evergreen trees. The big deciduous trees, so crucial in the hot summer sun, will remain. “We went to great lengths to preserve the shade trees,” Mr. Hansen said.

Planting of the new garden at Lincoln Park is scheduled for May 19 and 26.

The rain gardens also will help clean the water before it goes into area creeks such as Four Mile Run. It does so by acting as a filter, much like a natural wetland, and can remove as much as 65% of major urban pollutants such as phosphorus, which comes from sources like yard fertilizer.

“The state is finalizing rules on the types of fertilizer you can use in Virginia,” said Jason Widstrom, a civil engineer for the city. “Turf management is a big problem.”

Mr. Widstrom added that a lot more rain gardens and related work are on the way. “You’ll see a lot more of these projects in the future. It’s mandated by the EPA (the federal Environmental Protection Agency) to treat stormwater before it gets to Chesapeake Bay.”

He also expressed a desire to get the public involved and show everybody “where their dollars are going, and where a lot more tax money is going to have to go in the future.”

To that end, there is a class on rain gardens scheduled for May 12 at 9 am at the Falls Church Community Center.

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