COMMUNITY COMMENT: ‘I Apologize for the Budget Crisis’

October 29, 2009 by (see byline) · 6 Comments 

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BIE Names J.D. Leonard Partner of the Week

October 29, 2009 by Falls Church Times Staff · Leave a Comment 

J.D. Leonard_500 pixThe Falls Church Business in Education Partnership has named J.D. Leonard of Apple Federal Credit Union as “BIE Partner of the Week,” providing the following information on J.D’s contribution to City schools.

School Involvement: Co-sponsored the luncheon for new FCCPS teachers; donated items for new teacher welcome bags; participated in a scavenger hunt for new teachers; serves on the BIE Advisory Committee.

Why J.D. is a BIE Partner: “Apple Federal Credit Union has served thousands of members—educators, students and their families—in the pursuit of an improved life. Because of this lifelong commitment, we are pleased to participate in activities that welcome fresh faces into the teaching community. Apple provides the financial solutions and personal service those in education deserve. That is why the BIE partnership is an important part of my branch’s daily commitments.”

For more information about sharing your expertise through the BIE Partnership, visit www.fccps.org or contact Marybeth Connelly.

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Business in Education Partnership Announces New Partnership Opportunities

October 28, 2009 by Falls Church Times Staff · Leave a Comment 

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LETTER: $2 Million Loan Would Increase Budget Shortfall

October 28, 2009 by (see byline) · 4 Comments 

letterTO THE EDITOR OF THE FALLS CHURCH TIMES:

The financial term sheet regarding the $2 million loan submitted by the Falls Church Housing Corporation is insufficient and does not portray the true cost to the citizens of Falls Church.

The financial arrangements of the $2 million loan are so arcane and difficult to follow that it puts into question all of the analyses made by the FCHC.

The City Manager was asked, at a public City Council Meeting, to have the City’s External Auditor review the proposed transaction, given its unorthodox and questionable structure. A direct response was never given.  In light of the recent errors in the City’s financial management, the request will be made again. This time a response must be provided.

If the “loan” is approved, the City shortfall will not be approximately $5 million but rather $7 million for FY 2011, requiring further expenditure cuts or tax increases.

To the extent that the terms and conditions of the proposed $2 million are the same as those submitted for the original proposal, and published as part of the official record, the $2 million “loan” is actually a grant to the FCHC.  The original proposal provided that the City’s funding be a “subordinated loan” — that is, the City would not be the first claim holder to be repaid if the project fails.  Under the original proposal there were seven other claim holders who would be repaid before the City received one penny.

The balloon payment referred to in the term sheet is unlike any other balloon loan transaction I have ever seen; the loan does not have to repay any loan principal for 10 years and it does not accrue a specific level of interest payments or capitalize interest for missed payments over the life of the loan.  Not bad for FCHC, but really, really bad for the City, which has its own debt to repay.

Further, the original proposal permitted guaranteed refinancing at year 16 without any specified terms and conditions set beforehand.  This is not permitted under the accounting rules that the City is supposed to be operating under.  A borrower is not permitted to have “debt relief” before the loan has been made.

In other words, the loan is to be “recycled” back to the FCHC before the City has an opportunity to use the loan repayments for other high priority City expenditures – schools, for example.

If the FCHC wants a $2 million grant, then it should make its case like any other grant claimant.  No matter how worthy the objectives of the FCHC, it is simply not right that the citizens are not being told how much the project will actually cost taxpayers, and who will have to pay the price.

IRA KAYLIN
Falls Church City

Letters to the Editor should be submitted to contact@fallschurchtimes.com. They may be on any subject relevant to our City. Writers should include their full name and city of residence.  All submissions are subject to editing for content and length.

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WATER WAR: Final Briefs Filed, Decision Now Before Judge

October 28, 2009 by George Bromley · Leave a Comment 

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By GEORGE BROMLEY
Falls Church Times Staff

A major battle of the Water War is nearly over.

Opposing attorneys have presented their final written arguments concerning one count in the Fairfax County Water Authority’s (FCWA) lawsuit against the City of Falls Church.   The final decision now is in the hands of Fairfax Circuit Judge R. Terrence Ney.

Under Count V of its claim, FCWA requests the Court enjoin the City from transferring any moneys from its water fund to its general fund for purposes unrelated to its water system.

Fairfax Water further asks that Judge Ney order the City to comply with its Charter and set water rates so that receipts are equal to expenses.  FCWA also requests he declare a passage in the Charter unconstitutional.

Fairfax Water initially filed against the City in December 2008 and submitted an amended five-count complaint in January.  Three counts in the case have been deferred until February 2010.  Another was dropped prior to trial.

At the conclusion of the trial on September 23, Judge Ney advised the counsels that they could submit summary briefs which would supplement the oral arguments they had delivered in Court.  These documents now have been filed and all are available on-line.

Fairfax Water counsel Stuart Raphael submitted his  initial post-trial brief  on October 9, referencing over 30 cases in support of his argument.   He maintains that the City is violating its own charter by setting water rates to generate receipts greater than expenses, and that transfers of  water fund surpluses constitute an unconstitutional tax on Fairfax County residents.

In his opposition brief filed on October 21, counsel Alexander “Sandy” Thomas contends the City is in compliance with its charter and is explicitly authorized by the General Assembly to derive profits from water sold to non-residents and to transfer the profits to its general fund.  He further argues that the claim should be barred by laches; i.e., that Fairfax Water slept on its rights for decades.   

Today, Mr. Raphael filed a short reply brief , a privilege granted only to the plaintiff.  Among the cases cited is Westbrook, Inc. v. Town of Falls Church (1946), an echo of an earlier  Water War, now nearly lost to history.

Judge Ney has advised the attorneys that he will not hear further oral arguments in the case.  He has not indicated when he will issue his ruling.

Although the judge observed during the trial that few facts were in dispute, the opposing counsels have submitted a great deal of material for his review.  A decision might be handed down next month, but could be withheld until 2010.

The entire transcript of the trial is available for review at Fairfax Water’s website.

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Flu Vaccine Update to FC School Parents

October 27, 2009 by (see byline) · Leave a Comment 

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Calling 6th & 7th Graders (for Dance & Etiquette Lessons)

October 27, 2009 by Falls Church Times Staff · Leave a Comment 

The Victorian Society at Falls Church has announced its 2009-2010 season Promenade Dancing Class which provides contemporary ballroom dancing and etiquette lessons for 6th and 7th grade students. The season’s six lessons begin on November 13, 2009 at the Falls Church Presbyterian Church.

The class costs $120 though a limited number of scholarships are also available. Register (with the form below) by October 30, 2009. For more information, contact one of the Promenade co-chairs, Sheila Frost at frost_group@yahoo.com (ph: 571-235-9842), or Nancy De Lew at nancy.delew@cms.hhs.gov (ph: 703-241-0033).

Falls Church VA: Promenade Dancing Class

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VIDEO REPORT: Police Enforce Stop Signs on Bike Trail

October 27, 2009 by Stephen Siegel · 14 Comments 

By STEPHEN SIEGEL
Falls Church Times Staff

Falls Church Police have begun stopping bicyclists who choose not to stop at the stop signs on the Washington & Old Dominion Trail. Watch the following 3-minute video for details.

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