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.

FOOD: Pizza Wars

By ANNETTE HENNESSEY
Falls Church Times Staff

September 3, 2010

After a hectic week in our house, nothing welcomes the weekend better than ordering out for pizza.  (Add a glass of wine and a good comedy from Netflix and I’m in heaven!)

Even though we’ve been ordering pizza for years, our family hasn’t formed a firm allegiance to a local pizza joint.  So this summer, when faced with a lazy day, we decided to blind taste-test eight cheese pizzas in preparation for the coming school year.

My two kids called four friends to help with the judging.  We created score sheets and a tracking grid to note comments about delivery times, pick-up process, price, and size.  We identified eight different restaurants in Falls Church City or just over the line – ranging from national chains to one-of-a-kind pizza parlors.  We ordered medium pizzas (when available) with just cheese.

The contenders were:

Anthony’s Restaurant & Pizzas 309 West Broad St Falls Church, VA 703-532-0100	12-inch	$9.54
Domino’s Store #4347 6138 Arlington Blvd # C Falls Church, VA 703-533-9000	12-inch	$12.49
Flippin’ Pizza 800 W. Broad St Suite 103 Falls Church, VA 703-752-8672	18-inch (only size available)	$15.26
Papa John’s #831 500 W Broad St Falls Church, VA 703-237-7272	12-inch	$14.42
Pie-Tanza Falls Church 1216 West Broad Street Falls Church, VA 703-237-0977	12-inch	$10.45
Pizzeria Orso 400 South Maple Ave Falls Church, VA 703-226-3460	12-inch	$13.08
Vocelli’s 7393-C Lee Hwy Falls Church, VA 703-208-3500	12-inch	$13.53
Z-Pizza 1051 West Broad St Falls Church, VA 703-536-6969	10-inch (There is a 12-inch pie but I misordered)	$7.90

Every restaurant either delivered piping hot pizzas in a timely manner or had them ready for our arrival.  And while prices ranged, you could easily grab a pizza for under $20.

Once the pies had been sliced into tasting portions, they were placed on one plate.  Using rating sheets, the six-student panel of judges was asked to rank the pizza’s crust, sauce, and cheese, and then vote for their overall favorite.  They chewed and sipped lemonade to cleanse between bites. Silently, they wrote comments in the margin.  Some needed a second slice to make a decision.

But when the votes were tallied, there was a clear winner.  And I think you might be surprised at the results.

The winner? Domino’s.

That’s right.  Four out of six judges picked Domino’s as their favorite.  The crust was described as flavorful, fluffy, nice flavor of garlic, spicy, chewy (good), and crispy.  They also liked the sauce, but thought there was not enough on the pie.  The only aspect of the pie that got mixed reviews was the cheese – with some judges thinking it was gloppy.

If you looked at the numerical scores awarded the three components of the pizzas, Anthony’s came in second.  The panel of judges particularly liked their crust (which tasted homemade) and their sauce with chunky tomatoes.

To be fair, Pie-tanza and Pizzeria Orso pies would have been better devoured in the restaurant.  Their wood-fired crusts and gourmet cheeses didn’t appeal to the student taste buds like a more traditional pizza.  But if you want to eat pizza in your jammies on your couch, our panel said these are not the pies for you.

And even though I couldn’t participate in the “blind-taste” test (since someone had to dish up the plates), to appease my own curiosity, I filled out my own scorecard.  And I didn’t disagree with the kids.

Domino’s was a decent pizza.  And Anthony’s came in second on my scorecard.

Domino’s launched a new pizza recipe in early 2010, to celebrate its 50^th anniversary.  In its product launch, ads talked about how they had improved their cardboard crust and sauce that tasted like ketchup.  I guess I can say they succeeded in convincing six ‘tweens and a mom that it’s not a bad choice…

…when on a Friday night, your fingers need to do the walkin’ for dinner.

My thanks to Thomas Beddow, Claire Schmidt, Tallulah Lewis, Jack Hennessey, Anna Hennessey, and Alicia Devereaux for their discerning palates and attention to detail (see cover photo).

DEVELOPMENT NEWS: Mad Fox Brews Root Beer Too

By FALLS CHURCH CITY ECONOMIC DEVELOPMENT OFFICE

September 2, 2010

Mixed Use Project News

Spectrum retail – Mad Fox Brewery can hardly keep up with the thirsty “Little City”!  Brewmaster Bill Madden reports brewing 32 batches = 480 barrels =960 kegs of beer as of August 27.  They have also introduced their own root beer that is brewed in house.  So far, most of that is flowing just as quickly.  You can get your taste of the new root beer at the Taste of Falls Church on September 11. Sorry, no beer allowed on public property for the Taste.

Spectrum residential condos – 59 units settled, 36 Pathway to Homeownership and 4 ratified contracts – of 189 units.

Spectrum office condos – No changes reported.  $310 per square foot to purchase includes “warm dark shell” and $15 per square foot tenant improvement allowance; $33 per square foot plus electric and cleaning to lease.

Pearson Square Apartments – 94% occupied.

Pearson Square retail – Brokers for the space are planning a broker’s event at Pizzeria Orso in September to entice commercial brokers to visit the site to see the retail space they are marketing.  EDO staff continues to try to work with Transwestern brokers and Pearson owners to attract businesses to the space. A letter of intent for one space is pending.

Byron – Delays in filling space continue due to market conditions and technical issues that apply to zoning/occupancy of the vacant spaces.

800 West Broad – Sfizi Café (http://www.sfizi.com/) now has their building permit and work on the space should begin soon.  Hoping to see a late fall opening.

Broadway – A letter of intent for a 3,000 SF retail space is being considered.

Northgate – Hekemian is working on final site plan approval and a site plan amendment to incorporate the approved North Washington Street Streetscape design.  Demolition date for the old Pearson Funeral Home is not yet known.

Shopping Center News:

Original House of Pancakes – Two letters of intent have been submitted for what will be the “old OHOP” space.  OHOP owners have advised that they are still experiencing permit delays for their new space in Fairfax County; they hope to be able remain at Broaddale until the end of October. (Lease technically ended August 31; Broaddale management to decide on extending). Broaddale Management is analyzing letters of intent for compatibility with other tenants, parking and other issues.

BB &T (at Falls Plaza/former Chicken Out) – No new news on when a site plan submission will be submitted, so that a Planning Commission hearing date can be scheduled. .

Real Estate and other News:

Syms site – New lease not yet signed but is now anticipated “very, very soon.”

350/360 S. Washington/510 W. Annandale: All three buildings are posted on Co-Star and the City’s on-line commercial space database as for sale.  500 W. Annandale has recently been updated with new paint, carpet, etc. and will soon be occupied by Educational Options, Tom Sawner’s company.  Strong tenant interest has reportedly also been received for 510 W. Annandale, so that building could also be leased up and then sold.  EDO staff has made multiple referrals to brokers and prospective buyers for all of the buildings.

BJ’s Wholesale Club– October 16 is the anticipated grand opening date; soft opening on the 9^th.  They hope to begin on-site employee training and “around the clock” store stocking soon.

306 Hillwood/old Taco Laredo – new restaurant (Lesly Restaurant Bar & Grill) has applied for an ABC license and has received a business license.

New Businesses in the City – Commissioner of the Revenue’s staff reports 16 new business licenses in the City with issue dates between July 2 and August 30, including three meals tax generating ventures, the new NVS Kitchen and Bath store in 800 W. Broad, three medical professionals, two retail online businesses, three new Eden Center businesses, a music lesson business and a music instrument sales business, a delivery business and BJ’s.

City’s 24/7 commercial space database:  www.fallschurchva.gov/Content/Docs/CommercialDatabase.pdf?cnlid=2713

Falls Church Farmers Market Voted No. 1

By FALLS CHURCH CITY OFFICE OF COMMUNICATIONS

September 2, 2010

The Falls Church Farmers Market was voted “America’s Favorite Farmers Market” in a contest sponsored by the American Farmland Trust.  In an effort to promote local farmers markets, Farmland Trust sponsors an annual contest to choose America’s favorite farmers markets in four size categories: boutique markets with 15 or fewer vendors; small markets, 16 to 30 vendors; medium markets, 31 to 55 vendors; and large markets with 56 or more vendors.  Falls Church City, with its 45 vendors, competed in the medium market category and beat out hundreds of similarly-sized markets throughout the country.  Falls Church also finished first in voting among all Virginia farmers markets regardless of market size in the contest which ended Aug. 31.

The Falls Church Farmers Market is open every Saturday, and during peak seasons more than 40 vendors offer fresh locally grown fruits and vegetables, cheeses, meats, baked goods, plants, and wine.   Master Gardeners also staff a booth at the Market to answer gardening questions.  The Falls Church Farmers Market is open from 8 a.m. until noon (9 a.m. in the winter months) in the parking lot of City Hall, 300 Park Ave. and is sponsored by the Recreation and Parks Department.

For a complete list of winners and more information about the contest visit the Contest Website.

September at the Library

September 2, 2010

The fall season brings an abundance of new and returning children’s programs to the Mary Riley Styles Public Library.  Monday story times are back!  Beginning Monday, September 13th, the library will offer preschool story times Monday, Tuesday and Thursday mornings at 10:30 a.m.  Twilight Tales, the library’s Wednesday evening story time, is going bi-lingual.  Spanish speakers ages 4 to 7, as well as English speakers wanting to start learning Spanish, can enjoy stories and activities at Cuentos para Domir beginning September 15th at 7:00 p.m.  Every third Saturday of the month will feature Bingo for children ages 4 to 14 (ages 4-6 should be accompanied by a parent or guardian).  September’s Bingo game will be held on Saturday the 18th at 11:00 a.m.  For more information call the youth services department at (703) 248-5034

The senior book session in September is Big Russ and Meby Tim Russert, Tuesday, September 14, 10:30 am.  All are welcome.

Look for the library’s table at the Fall Festival on Saturday, September 11th , and at the PTA Information Fair at Thomas Jefferson Elementary on Tuesday evening, September 14th.  Information on all library programs is available in the monthly newsletter.

The library is located at 120 N. Virginia Avenue in Falls Church.

Art, Music and Yoga at the September FIRSTfriday

By FALLS CHURCH TIMES STAFF

Meet featured artist, oil painter Kathie Rogers, at a celebration of the kids going back to school at Stifel and Capra: Art and Ornament for your Wonderful Life (260 W. Broad Street). Meet resident artists at a reception from 5 until 8 p.m.

Musical performances are both indoors and outdoors at the September FIRSTfriday.  At Art-A-Lot (in the parking lot at 111 Park Avenue), take in the performance by Doug Parks and the Lone Wolves on the outdoor stage from 6 until 8 p.m.  Indoors, enjoy Celtic music at Ireland’s Four Provinces Restaurant (105 W. Broad Street) starting at 8 p.m.

You can start the holiday weekend with a bit of yoga at an all-levels class for charity at Sacred Well Yoga Studio (450 W. Broad Street, Suite 320) from 6 – 7:15 p.m. Pay what you like.  All donations will go to Creative Cauldron, a Falls Church non-profit organization that provides innovative educational programs and affordable access to the performing and visual arts across the generations in northern Virginia.

For more information about other events, dining and retail specials throughout The Little City on Friday, September 3, see www.FIRSTfridayofFallsChurch.com.

Crime Report for August 24 – 30

By FALLS CHURCH POLICE DEPARTMENT

Burglary – Commercial, 360 W Broad St (Jerry’s Subs and Pizza), August 24, 07:40 AM, a glass front door was smashed and cash register taken.

Destruction of Property, 900 blk Ellison St, between August 23 and August 24 at 09:10 AM, a vehicle’s passenger window was smashed and an interior door handle was destroyed.  No items were taken from the vehicle.

Destruction of Property, 140 S Maple Ave (Bowl America), between 6:00 PM and midnight on August 23, a vehicle’s rear passenger window was smashed and an empty laptop bag was taken.

Burglary – Commercial, 6615 Wilson Blvd (Dollar Plus) August 24, 12:15 PM, a glass front door was smashed and cash register taken.

Soliciting without a Permit, 300 blk Parker Ave, August 24, 01:12 PM. A 26 year old Highland Park, MI man was arrested for soliciting without a permit.

Noise Code Violation, 309 W Broad St (Anthony’s Restaurant), August 25, 04:15 AM.  A 27 year old Romney, WV man was cited for a noise code violation.

Urinating in Public, 6757 Wilson Blvd (Eden Center), August 27, 01:49 AM.  A 26 year old Falls Church man was arrested for urinating in public.

Larceny – Theft from Building, 6757 Wilson Blvd, #3 (Cafe Nho), August 27, 08:53 AM, two unknown suspects stole four Gateway computers valued at $2,200.

Motor Vehicle Theft – Stolen Auto, 105 Park Ave (7 Stars), August 27, 4:48 PM, an unattended car with keys inside was taken by unknown suspect(s). 

Liquor Law Violations, 804 S Washington St (7-11), August 27, 08:23 PM.  A 25 year old Falls Church man was arrested for purchasing alcohol for an underage person.  A 20 year old Falls Church man was arrested for underage possession of alcohol.

Smoking in a Non-Designated Area, 6757 Wilson Blvd (Eden Center), August 27, 09:14 PM.  A 44 year old Vienna resident was cited for smoking in a designated No Smoking area.

Destruction of Property, 100 blk Falls Ave, between August 27, 6:30 PM and August 28, 06:19 AM, unknown suspect slashed four tires on a vehicle and heavily damaged the car’s body with scratch marks. 

Larceny – Theft from Building, 500 blk Roosevelt Blvd, August 28, 09:30 AM, unknown suspect stole a purple 26″ men`s Giant/Farrago bicycle from an enclosed ground level patio sometime during the night. 

Liquor Law Violations, 300 W Broad St (Stratford Motel).  Three Falls Church men, ages 18, 18, and 20, an 18 year old Huddleston, VA woman, and a 20 year old Annandale man were arrested for underage possession of alcohol.

MAN ABOUT TOWN: A Web of Intrigue

By GEORGE SOUTHERN
Falls Church Times Columnist

August 30, 2010

Before the days of the Internet, getting “published” wasn’t that easy. Sure, you could pay a vanity press to privately print your work, but that didn’t mean anyone would read it. Today, though, any Tom, Dick, or Harriet can write a blog accessible around the world.

This seems like a useful innovation, but how does one separate fact from fiction? Truth from garbage? That’s one thing not even Google has figured out.

In little Falls Church, news sources are limited. For two years now we’ve had the Falls Church Times, but as a volunteer organization, this online newspaper doesn’t pretend to be able to cover all the local news of import. So we’re still often left with the News-Press, which recently set a record of 1,000 continuous weeks of publication.

Unfortunately, the News-Press, having over the years become accustomed to holding the only key to local publication, recently committed an egregious triple sin: First, it reported as “news” a couple of sentences posted anonymously on an obscure political blog. Then came an editorial bemoaning the “news.” Finally, the editor’s henchman laid out an action plan in reaction to the “news.”

If your reaction is “so what,” allow me to connect the dots. The News-Press editor remains in shock after the election of a mayor he opposed. First he petulantly reported that Mayor Baroukh had declined a request to congratulate the newspaper on its thousandth edition. Then, when it came time for the annual “State of the City” interview with the mayor, he handed the job off to an assistant.

It’s clear that the News-Press editor, along with his henchman, the ex-mayor’s husband, want very, very badly to see the end of Mayor Baroukh. Since Baroukh is a federal employee, and under the Hatch Act is not eligible to run in a partisan election, the ploy is to institute partisan elections for City Council.

Read more

Next Page »