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.

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:

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).

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

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.

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.

Start the "last weekend before school starts"at FIRSTfriday of Falls Church on September 3

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.

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.

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.

After last May’s City Council election, someone wrote on a website that “two Republican-endorsed candidates [Johannah Barry and Ira Kaylin] won seats on the town council.” In fact, there was no more a Republican endorsement for Barry and Kaylin than there is a town council (it’s a city council). For that matter, both Barry and Kaylin happen to be Democrats.

Did the News-Press make any effort to corroborate the anonymous claim? Why not ask the chairman of the local Republican Committee whether there had been any endorsement? Instead, the henchman wrote in the appropriately named Little Weed that “The Republican Party endorsed the nonpartisan city council campaigns of Ira Kaylin and Johannah Barry in the recent city elections.” There followed an editorial stating: “Partisanship was already a factor in last May’s election, no matter who was aware of it, or not. By the same token, there will be no way to keep it out of the next City Council election in November 2011.”

As soon as the News-Press reported this claim, the original anonymous blogger yanked it. That speaks volumes, although you can still read it in Google’s cache. Meanwhile, the editor and henchman’s efforts appear to have fooled no one. Just read the contemptuous comments on the News-Press website.

Among those chastising the so-called “reporting” was a new voice on the Web writing under the name of “Falls Church Independent,” who said:

When I saw the allegations in this week’s News-Press that Johannah Barry and Ira Kaylin’s campaign for City Council had been endorsed and supported by the Falls Church Republican Committee, I was intrigued. So, like any good journalist, I decided to investigate. I went straight to one of the people who would know best, City Councilwoman Johannah Barry, and asked her for her take on the allegations. “Our electoral success was due to delivering a clear and concise message which resonated with City voters,” she responded, denying that she or Ira Kaylin had ever “asked for, claimed, or received, an endorsement from any party.”

“Falls Church Independent” concludes: “Let’s leave partisanship out of City elections, no matter which side it’s coming from. [News-Press editor] Benton and [henchman] Gardner have seen fit to use this as an excuse to demand the Democratic Party’s involvement in Falls Church elections. Thankfully, I’m sure the people of Falls Church will see through their charade.”

Well said, “Falls Church Independent” — but who are you? To his great credit, “Falls Church Independent” posted the following response:

My full name is Michael Irvine. I did not give it out initially due to my belief that who I am is irrelevant to what I post. . . . I am a junior at George Mason High School; my interest in government and politics led me to create this blog. I realize that with that revelation, some readers may be less apt to take me seriously.

Michael, you are following in the tradition of Benjamin Franklin and Mark Twain, both of whom as youths published articles anonymously, knowing that otherwise they would not be taken seriously. Welcome to the Web — and perhaps your elders can take an object lesson.

Tuesday 8/31: School Board Work Session.  Central Office Conference Room, 800 W. Broad St., 7:00 p.m.

Wednesday 9/1: Recreation and Parks Advisory Board.  Falls Church Community Center, 7:00 pm.

Architectural Advisory Board.  Council Chamber, 7:45 pm.  Agenda.

Thursday 9/2: No meetings scheduled.

Friday 9/3: No meetings scheduled.    

Meeting notices are obtained from the City and School Board on-line calendars and from the notice board at the east entrance of City Hall.  Meetings may be subject to re-scheduling or cancellation.  Meetings are held in City Hall, 300 Park Avenue, unless otherwise indicated.

August 27, 2010

Have you heard the buzz? Falls Church Farmers Market is currently battling for the number 1 ranking in the country for the best medium size farmers market. The battle for first place is with another local farmers market – Historic Lewes Delaware farmers market. How did this come about?

The American Farmland Trust in its efforts to bring awareness to local farms began the contest as part of the No Farms No Food program.  The America’s Favorite Farmers Markets™ contest is designed to raise national awareness about the importance of supporting fresh food from local farms and farmers.

Not only do I see our local farmers market as a nationally ranking farmers market, I see it as a vital part of our community and health. While at the Falls Church Farmers Market last Saturday, a neighbor asked me “why would I pay $3 a pound for local tomatoes?” For some reason, the cost of tomatoes seems to be the major bellwether in consumers’ minds. This neighbor knew my answer would be in favor of the local seemingly higher cost farmers’ market tomatoes. I say seemingly as comparing the cost of produce in the local farmers market is not necessarily apples to apples or I should say tomato to tomato.   

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The tomato in the grocery store is either organically or conventionally raised on a large industrialized farm probably utilizing immigrant labor. If it was raised conventionally there were pesticides and fertilizers involved. The tomato itself was modified to be picked early so it would stay firm in transport. It was also modified so that it would have the “look” of a tomato – the red globe that it typically associated with a tomato.  For the tomato to be grown a large water project was probably developed which involved federal funds or it was raised internationally.  The cost of the tomato from the grocery stores also includes the cost of federal subsidized water, subsidizing of services for an immigrant population, international or national transport, and the detrimental affects on the environment. Included in this is also that you are not getting all of the nutrients from the tomato that you would normally so you have to supplement your diet with vitamins.  So while it may seem that your grocery store tomato is “cheaper” you have to weigh all the costs into the equation.

This is compared to your farmers’ market tomato. It may be red, green, yellow, purple or zebra as it is an heirloom tomato rather than a modified standard tomato. This adds to the variety of tastes and textures to the tomatoes and allows for the diversity of tomatoes to be saved. You will have to ask the farmer if it was raised with pesticides and fertilizers or not. And this is one of the advantages of a farmers market – you can talk to the person or family that raises your food – not something you can do at the grocery store. The produce was raised and transported within 150 miles of where you are purchasing it and you are supporting the local economy.  The positive affects on my taste buds, my health, my community and the environment are worth the cost differential between the local and grocery store tomato.

Farmers markets have grown in popularity over the last decade and have become a vital retail channel for many of the local farms in addition to farm stands and CSAs ( community supported agriculture). But farmers markets also provide a vital component to our community. It doesn’t matter your political afflation, economic standing or family size, we all need food. The farmers’ market provides a way to gather our food, commune with the farmers and participate in our community in a way that not only sustains us physically but fiscally, environmentally and spiritually. I feel truly privileged to have our Falls Church Farmers Market.

Music and Entertainment to make the morning more enjoyable

So back to the national competition – be it that you enjoy the farmers market for its community feel, a chance to slow down, catch up with neighbors, listen to music, watch a chef demonstration, eat a tasty treat  or you use the farmers market for your weekly groceries, please take the time to show your community pride in our local community of farmers and our farmers market by voting for Falls Church Farmers Market to be the best Farmers Market ( in the medium category) in the country! Voting ends midnight August 31^st!

http://action.farmland.org/site/PageNavigator/Americas-Favorite-Farmers-Markets/best_local_farmers_market_vote