This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By Melissa L. Watkins, Esq.
Over the past year, there have been significant changes to the federal government’s stance on marijuana as it relates to federal employees, applicants, and clearance holders.
These changes, while still very much unfolding, signal that federal employees, applicants, and clearance holders will be treated differently when it comes to prior use of marijuana. It is important to note at the outset that while these changes suggest that prior use of marijuana may not be the barrier to employment or possessing a clearance that it once was, the federal government still does not authorize, condone, or accept the use of marijuana by current employees or clearance holders.
Federal Government Changes to Marijuana Policy
In the most recent wave of elections held around the country, marijuana was again a focus in several states. As a result of recent state ballot referendums, more than 155 million Americans will now live in states with legal weed. Maryland and Missouri passed legalization referendums on November 8, 2022, meaning there are now 21 states where anyone at least 21 years old will be able to legally possess marijuana.
That marks a seismic shift since Colorado and Washington became the first states to back full legalization at the ballot box a decade ago. While people will soon be able to legally purchase and use marijuana in 21 states, cannabis remains classified as a Schedule I drug on the Controlled Substances Act. That means cannabis use can still be a disqualifying factor for anyone applying for a security clearance or trying to enter federal employment.
However, along with the continued adoption of laws legalizing the substance at the state level, the federal government has begun undertaking efforts to change its stance on marijuana.
For instance, on December 21, 2021, Avril Haines, Director of National Intelligence (DNI), issued an unclassified memo to agency heads, which was “designed to provide clarifying guidance to federal agencies charged with determining [security] eligibility through adjudication,” following changes on the state and local levels. The big takeaways from the memo included the following:
- “Prior recreational marijuana use by an individual may be relevant to adjudications, but not determinative.” Employees are warned though, “In light of the long-standing federal law and policy prohibiting illegal drug use while occupying a sensitive position or holding a security clearance, agencies are encouraged to advise prospective national security workforce employees that they should refrain from any future marijuana use upon initiation of the national security vetting process.”
- With respect to the use of CBD products, using these cannabis derivatives may be relevant to adjudications in accordance with security regulations. Products containing greater than a 0.3 percent concentration of delta-9 tetrahydrocannabinol (THC), do not meet the definition of “hemp.” Accordingly, products labeled as hemp-derived that contain greater than 0.3 percent THC continue to meet the legal definition of marijuana, and therefore remain illegal to use under federal law and policy.
- An adjudicative determination for an individual’s eligibility for access to classified information or eligibility to hold a sensitive position may be impacted negatively should that individual knowingly and directly invest in stocks or business ventures that specifically pertain to marijuana growers and retailers while the cultivation and distribution of marijuana remains illegal under the Controlled Substances Act.
More recently, in October 2022, President Joe Biden announced he was issuing pardons to people with federal marijuana possession offenses — a move that impacts roughly 6,500 individuals — and directed federal agencies to review whether marijuana should be reclassified under federal law.
However, despite the directive, marijuana’s classification under the Controlled Substances Act remains unchanged. There has been some movement in Congress on the issue, with Senator Jamie Raskin announcing a forthcoming bill that would tackle federal employment issues related to marijuana use. However, Senator Raskin’s bill has not yet been introduced and it is unclear whether it would be passed if/when it does reach the Senate floor.
Finally, on November 23, 2022, the Office of Personnel Management (OPM) announced in the Federal Register significant proposed changes to the current landscape of forms utilized to establish trustworthiness of federal employees in positions of trust or requiring access to classified information. One area where significant changes are being proposed relates to prior drug use, specifically prior use of marijuana. The changes appear to implement much of the guidance contained in the December 2021 memo and could signal a noteworthy change in position by the federal government related to prior marijuana use, if adopted.
What Federal Employees and Clearance Holders Need to Know
Overall, the DNI’s guidance articulated in the December 2021 memo seems to raise the prospects of approval for security clearance applicants who previously have used marijuana or use hemp products with less than 0.3 percent THC. This is further supported by the recently proposed changes to the security questionnaires published by OPM in November 2022.
However, applicants, employees, and clearance holders should be fully cognizant of the fact that marijuana use remains illegal under federal law. This means that such individuals should continue to avoid the use of the substance, verify CBD products for THC concentrations, and avoid investment in cannabis businesses.
One point is clear: for those interested in pursuing federal employment or obtaining (or retaining) a security clearance, ceasing involvement with anything marijuana-related remains a good idea. While an applicant’s past actions will not automatically disqualify her from being deemed suitable for federal employment or obtaining a security clearance, the determinations will continue to consider prior involvement with marijuana, even if on a more limited basis.
If you are an employee in need of employment law representation, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook and Twitter.
The preceding sponsored post was also published on FFXnow.com
Closed sign (via Tim Mossholder/Unsplash)
With a high office and commercial vacancy rate and over 1,000 locals experiencing homelessness, Fairfax County is considering a zoning change that could use one problem to help solve the other.
The proposal would allow unused commercial spaces, including office and hotel space, to be used as emergency shelters for those experiencing homelessness.
The new zoning would let private entities — namely nonprofits that work with those experiencing homelessness — operate emergency shelters in vacant or underutilized commercial or industrial properties.
“Special exception use would permit repurposing of a commercial building in a commercial, Industrial, or in some Planned Districts with approval by the Board,” a staff report on the change said. “Commercial building includes buildings designed or used for office, hotel, retail, institutional, or industrial purposes.”
In a presentation to the Board of Supervisors housing committee on Nov. 22, staff said there is currently no “emergency shelter” use in the county zoning code.
In addition to creating an emergency shelter use, the zoning change would add a “permanent supportive housing” use for housing that provides assistance and supportive services, like transportation and training, to residents. Supportive housing is reserved in the zoning ordinance for those making below 60% of the area median income.
The presentation didn’t include information on incentives to get private property owners to open their space up for use used as emergency shelter, but board members still expressed enthusiasm for the idea.
“We’ve had similar conversations to this before, but I think we’re in a different situation right now,” said County Board Chair Jeff McKay, “not only with what we know about homelessness but that we also, unfortunately, have a higher number of vacancies because of Covid. I think it’s time to have a conversation about adaptive reuse.”
The proposed changes are part of a general push by the county to reevaluate how it tackles homelessness, particularly by increasing the availability of permanent and supportive housing instead of relying on temporary shelters.
The last point-in-time count, conducted on Jan. 26, found 1,191 people experiencing homelessness in the county, a decrease from 2021 but higher than the numbers reported in the most recent years preceding the pandemic. About 50% of the individuals counted were Black, even though only 10% of the county’s population falls in that demographic.
During the initial months of the pandemic, the county enlisted hotels as temporary shelter for individuals who were experiencing homelessness or otherwise lacked space needed for isolating or quarantining due to Covid.
Photo via Tim Mossholder/Unsplash
Developers are seeking permission to redevelop Reston’s two golf courses through a process where Fairfax County considers land use changes to its comprehensive plan.
The county is currently considering dozens of nominations throughout the county for the Site-Specific Plan Amendment process, including the redevelopment of Reston National Golf Course and Hidden Creek Country Club.
Currently, the county’s comprehensive plan states that both areas are planned for private recreation uses — more specifically as golf courses. For years, community organizations like Rescue Reston have vehemently opposed the redevelopment of both golf courses.
Reston National
Weller Development and War Horse Cities, the owners of Reston National, want to convert the “obsolescent golf course” into a 100-acre open space conservancy with an 8-acre linear park and a “mixed-use village.” The concept is not new and was initially floated several years ago.
The application says the development team could pursue a more intense development plan with more residential development, given its “substantial, longstanding zoning rights.”
“Repurposing the property to provide much needed community amenities, a range of housing and shopping opportunities, and permanent useable open space with covenants, so as to preserve that open space in perpetuity, better utilizes one of Reston’s premier assets,” the application says.
But the prospect has previously drawn backlash from community groups. Hunter Mill District Supervisor Walter Alcorn also publicly stated that he would not support redevelopment, unless there is existing community support.
The owners say the golf course is the “very definition of underutilization,” averaging 95 people per day on an annual basis across its 168 acres.
“To remain a dedicated ‘golf course’ is counter to the vision set out by Robert E. Simon in his founding principles, as his was a uniquely inclusionary vision,” the application argues. “Far worse, this serves to delay or potentially forfeit a timely opportunity to accomplish key goals set out by Fairfax County leadership.”
The application proposes converting the golf course into a “village” with new houses and retail and permanent open space dubbed the Conservancy, joined by a linear park that could have nurseries for native plants, vegetable gardens, and pollinators.
The Conservancy is described as a “generational opportunity” to create publicly accessible open space with restored meadows, a performance pavilion, other pavilions, seating areas, community gardens, a dog park, waterfront pier, and new trees.
“Reston National Golf Course has been the focus of intense debate within the community going back more than a decade,” Steve Siegel, a partner at Weller Development, wrote in the application. “While this Owner respects and understands the perspective of Reston National’s immediate neighbors, we contend that, as wonderful as the game of golf is for the few who actually play it, a private pay-to-play golf course is the wrong use for this site in 2022 and moving forward.”
Hidden Creek
Wheelock Communities, the owner of Hidden Creek Country Club, also contend that the golf course “no longer contributes appropriate to the live, work and play principles on which Reston was based,” adding that the country club has roughly 500 members.
The application notes that a significant number of the club’s membership lives outside of Reston.
“The reality, therefore, is that the combination of weakening economics and competing country club and golf course options, together with ongoing and significant need for capital reinvestment not supported by current revenue, means the Country Club’s future in its current form is shaky, at best,” wrote Mark Cooley, a land use lawyer representing Wheelock.
Instead, the developer pitches turning roughly 100 acres of the property into recreational open space and adding residential units, which could include a range of housing types at several price points to address the “missing middle” of affordable housing.
In July, the Fairfax County Board of Supervisors tweaked the SSPA process by allowing more frequent opportunities for nominations, new submission criteria with more information, and enhanced community engagement.
The Fairfax County Board of Supervisors is expected to decide which nominations will move forward — and which ones will be killed — at a meeting on Dec. 6.
The first SSPA cycle kicked off in 2017 for the North County area followed by a second cycle in 2019 for the South County area.
In October, the county accepted nominations for all nine supervisor districts in the current SSPA cycle.
A complete list of other SSPA nominations for the Hunter Mill District is available online.
Fairfax County Public Schools failed to give needed educational services to “thousands” of students with disabilities when it pivoted to virtual learning due to COVID-19 in 2020, federal officials say.
FCPS must compensate all affected students for the lost services as part of an agreement with the U.S. Department of Education, which was investigating reports that the school system had violated students’ right to a free, appropriate public education (FAPE).
“I am relieved that the more than 25,000 students with disabilities in Fairfax County will now receive services federal law promises to them, even during a pandemic, to ensure their equal access to education,” Education Department Assistant Secretary for Civil Rights Catherine Lhamon said in a news release announcing the agreement yesterday.
FCPS said in a statement that it will convene meetings with all current and former students who attended during the “pandemic period” from April 14, 2020 to June 16, 2022 to discuss their Individualized Education Program (IEP) and Section 504 plans.
IEPs are written plans that establish services and academic goals for students in special education. Section 504 prohibits discrimination against people with disabilities in programs that get federal funding and requires public school districts to provide a FAPE.
The education department’s Office of Civil Rights (OCR) opened investigations into FCPS and districts in Indiana, Seattle and Los Angeles in January 2021, citing local news reports where parents said schools delayed or neglected to deliver the specialized services their kids need.
While acknowledging the pandemic’s “unique challenges,” which prompted widespread school closures in an effort to limit Covid’s spread, OCR says that doesn’t relieve schools of their responsibility to educate students in accordance with their specific needs.
After going fully virtual in spring 2020, FCPS started reintroducing in-person classes that October, but it didn’t bring back all students, five days a week, until August 2021.
Though FCPS attempted to address learning losses with expanded summer programs, OCR reports that the school system “inappropriately reduced and limited services” to students with disabilities, failed to “accurately or sufficiently” track the services it was providing, and “refused even to entertain compensatory education for services it did not or could not provide due to the COVID-19 pandemic.”
“The evidence strongly suggests that appropriate remedial services still remain unavailable, as a practical matter, to the many thousands of students with disabilities in the Division who may need them,” OCR said in a letter to Superintendent Michelle Reid.
As of this past February, FCPS had only provided recovery services to 1,070 students with IEPs and eight students with Section 504 plans, OCR said. 15.5% of the over 180,000 students who attend FCPS this school year have disabilities, according to state data.
Under the agreement, FCPS must get OCR’s approval for plans to compensate students, appoint an administrator to implement those plans, notify parents and guardians, and develop an electronic system by Jan. 17 to track which students need additional services and what accommodations are provided.
“As we emerge from the global pandemic, FCPS remains committed to working diligently to provide the support needed to ensure each and every student recovers from learning loss,” the school system said. “FCPS has and will continue to leverage resources to ensure students with the greatest need receive prioritized support for enhanced outcomes.”
This isn’t the first criticism FCPS has faced for its treatment of special education students. A lawsuit over its use of seclusion and restraints led to a long-awaited ban on those practices in March, and a report completed in October found that students with disabilities, especially Black and Hispanic students, are disproportionately disciplined.
Parents filed a lawsuit against the Fairfax County School Board and Virginia Department of Education in September, alleging that the hearing process for addressing complaints about IEP plans is biased against families.
Shatter the Silence Fairfax County Public Schools, a nonprofit that says it’s dedicated to fighting abuse, discrimination and sexual harassment, said in a news release that the OCR findings suggest the school system “has a systematic problem with how it treats disabled students,” noting that FCPS has entered into 14 agreements over civil rights complaints since 2014.
“While we applaud OCR for these findings, we express concern that without accountability toward individual administrators, FCPS school bureaucrats will just view this settlement as a ‘slap on the wrist’ and nothing will change,” a Shatter the Silence spokesperson said.
FCPS is currently developing a three-year plan to improve its special education program based on the October review by the consultant American Institute for Research (AIR).
ICYMI: Man Killed in Crash on Capital Beltway — A tractor-trailer driver exited his vehicle after colliding with a sedan that ended up on the Beltway’s left shoulder near Braddock Road. While running over to the sedan, the man got hit by an SUV in the I-495 Express Lanes and succumbed to his injuries at a hospital. [FFXnow]
Reward Offered for Suspect in Mount Vernon Murder — “The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Victims’ Rights Foundation have partnered to offer $5,000 each to be used as a combined reward with Crime Solvers for information that leads to the arrest of the Kyjuan Omar Braxton Trott-McLean,” who is wanted for allegedly shooting and killing Maryland resident Brandon Wims on Oct. 2. [FCPD]
Hypothermia Program Launches Today — “Since 2005, the Hypothermia Prevention Program has prevented death and serious injuries among Fairfax County’s most vulnerable residents by ensuring that no one must sleep outside during the winter months. The program is available to any adult in need of immediate shelter.” [Hunter Mill District News]
Last Chance to Weigh in on Sex Ed Changes — The deadline to comment on proposed changes to Fairfax County Public Schools’ Family Life Education curriculum is 4:30 p.m. today. Possible revisions include co-ed classes and language that’s more inclusive of different genders and sexual orientations, suggestions that were raised last year but delayed by the school board. [FCPS]
Grant of $20K Approved for Fort Belvoir Park Project — “The Fairfax County Park Authority (FCPA) Board approved a Mastenbrook Volunteer Matching Funds Grant to help fund a project to construct a concession/restroom building at McNaughton Fields Park…It is anticipated that this new building will enhance the experience of hundreds of players and spectators participating in baseball games and practices.” [FCPA]
Fairfax City to Assess Stream Water Quality — “Fairfax City Stormwater Management Division staff will assess the main stem of Accotink Creek and all of its tributaries starting in December. Residents may observe staff wearing fluorescent safety vests as they document and rate conditions in the stream corridors. The stream condition assessment is expected to conclude in April 2023.” [City of Fairfax]
Local Police Collect Toy Donations for Santa — “Before the annual Santa’s Ride delivers toys to local charities and area hospitals, donations can be made through the Vienna Police Department and other locations. During Santa’s Run, police officers on motorcycles pick up donated toys from local government buildings and schools and deliver them to Inova Fairfax Hospital, Georgetown Lombardi Cancer Center and local children in need.” [Patch]
Madison and Fairfax Football Teams Advance to States — “The James Madison High School football team defeated Centreville, 22-7, on Nov. 26 to become the 2022 6D North Region football champion and move on to state competition against Fairfax High School.” [Sun Gazette]
It’s Thursday — Clear throughout the day. High of 45 and low of 33. Sunrise at 7:10 am and sunset at 4:48 pm. [Weather.gov]
(Updated at 11:15 a.m. on 12/1/2022) The arts center could be located on Block J in Reston Town Center (via Fairfax County)
Concerns of about the financing and feasibility of a proposed 60,000-square-foot performing arts center in Reston dominated a town hall last night (Tuesday).
Boston Properties has proffered to provide a site for the arts center on Block J of the next phase of its Reston Town Center development.
A feasibility report by the architectural firm Grimm + Parker estimated the cost would be roughly $58 million in current dollars and $81 million, accounting for inflation, through 2030.
“We’re talking about a pretty significant project from at least a capital cost standpoint,” said Hunter Mill District Supervisor Walter Alcorn.
Fairfax County has to choose between two options for the site, as pitched by Boston Properties: an arts center or an athletic field.
The athletic field would include one or more full-size fields built by Boston Properties on top of a parking garage on the property off Sunset Hills Road. If that doesn’t work out, the developer would provide roughly $6.5 to $7 million for park facilities in the Reston area.
For the arts center option, Boston Properties would provide property to the county on Block J and drop the athletic and park improvements described above.
A Fairfax County Board of Supervisors decision on the feasibility of the project is anticipated by the end of January. The deadline was pushed back by several months to allow more time for public input and engagement.
Financing remains an issue, some residents noted at the town hall, which is the second on the proposal this year.
Hunter Mill District Planning Commissioner John Carter said that although the estimated costs are “daunting,” he expects overall costs to go down as the scope of the project narrows.
“This is a great location right next to Metro,” Carter said. “We certainly would like to hold onto that, I would think.”
The financial cost of the project will not fall on residents who live in Special Tax District #5 — a possibility that was floated in earlier months. The county will likely seek general obligation bonds for the project, a method typically used to fund libraries, schools and other public projects, but no related bond referendum is currently under consideration for voters.
Reston Community Center Executive Director Leila Gordon pledged that residents in the tax district would not see increased taxes as a result of this project. A potential operator for the arts center hasn’t been identified yet, but its board of governors has committed to keeping the tax rate flat.
(Correction: This article previously said that RCC won’t operate the arts center, but the community center clarified that no decisions about the operator have been made yet.)
“We need similar space to accommodate existing demand and will be seeking solutions to that problem using our available resources in one way or another,” Gordon told FFXnow. “So while we don’t know who might operate this venue, the idea of RCC doing so is not out of the question.”
Other options for an arts center could include a venue on county-owned land west of the Herndon Metro station or similar property in Reston Town Center North, according to the county.
Tammi Petrine, a Reston resident and community advocate on the Reston Planning and Zoning Committee, noted that residents of the tax district already pay a “huge tax” that can be “way too much of a burden” for residents.
While much of the discussion was dominated by funding options and overall cost, ArtsFairfax board chair Scott Cryer encouraged residents to step back and examine the overall economic and cultural benefit of the project.
“There’s a real positive economic impact that will be provided by a facility like this,” Cryer said.
Fairfax County hopes to increase the availability of bicycle parking spaces by establishing a tiered system that sets minimum requirements for developers.
At a land use committee meeting last week, the Board of Supervisors received an update on the county’s Parking Reimagined project, a comprehensive overhaul of the county’s three-decade-old parking requirements.
One goal is to increase bicycle parking availability, potentially by setting minimum requirements for any new construction, change in use of a building, or expansion of an already-existing development. The requirement would vary based on density — essentially the inverse of the tiered system proposed for car parking, which the county hopes to reduce in high-density, transit-oriented areas.
“The minimum bicycle parking requirement increases as auto parking minimums decrease within the tiered framework, reflecting enhanced abilities to use this mode of transportation within higher density and intensity development areas,” county staff said in a white paper. “Overall, minimum bicycle parking requirements are expected to encourage more biking as the community will begin to expect these parking facilities to be [placed] at their destinations.”
At a minimum, any new construction will have to provide two bicycle parking spaces. From there, the number of required spaces will depend on the type of construction, location, and number of vehicle parking spaces.
A bicycle parking space is defined as an outdoor rack or a built storage facility.
Most developments — from apartment buildings and other multifamily dwellings to museums — would need to match 5% to 15% of the provided car parking spots. The denser an area is, the higher the percentage it will be required to meet.
For example, a community swim club located in the Tysons Urban Center would need bicycle spots equal to 15% of the number of car parking spots. If there are 20 spots for cars or other motorized vehicles, there has to be at least three spots for bicycles.
A shopping center in a suburban neighborhood along the Richmond Highway Corridor would face a 10% minimum. So, if there are 100 vehicle parking spots, there needs to be 10 available for bikes.
The potential for increased availability of parking in the county has been met with strong support from local bicycling advocates.
The Fairfax Alliance for Better Bicycling has followed the Parking Reimagined initiative closely since it launched last year and has advocated for bicycle parking requirements from the beginning. While not perfect, FABB President Bruce Wright believes “they are a start.”
“Creating more space for secure bike parking encourages greener transportation, frees up land for housing or green space, and most importantly, is more equitable,” Wright said in a statement to FFXnow. “Requiring bike parking in the zoning ordinance is a major accomplishment.”
However, he said the requirements remain “insufficient” and believe that demand, especially in multifamily dwellings, will far outweigh supply if developers only meet the proposed minimum.
More public hearings and engagement opportunities on the plan will be scheduled for the remainder of this year and into early January.
County staff plan to bring a final Parking Reimagined draft plan incorporating public feedback back to the Board of Supervisors sometime in early 2023.
This Saturday, December 3 Wolf Trap’s Holiday Sing-A-Long returns to the Filene Center after two years of virtual performances!
Guests are invited to take part in this free tradition that dates back to 1968.
This Washington-area holiday mainstay features “The President’s Own” United States Marine Band and local choristers from the metropolitan area performing a variety of Christmas carols, Hanukkah songs, and seasonal ballads. Audience members will be invited to sing-a-long to holiday favorites, and can expect jolly appearances from special guests.
There will also be a “Jingle-A-Long,” during the singing of “Jingle Bells,” and attendees are encouraged to bring their own bells to ring along with the merriment. The event concludes with audience exiting the Filene Center in a candlelight processional during the last verse of “Silent Night.” Attendees are asked to bring their own candles (LED preferred) for this portion of the program.
Concessions will be open with warm seasonal drinks, but guests who choose to sit on the lawn can also bring their own picnics and make this a fun, family outing! Parking is free, but limited, so attendees are encouraged to arrive early for parking and bag check. The Wolf Trap Shuttle will not run for this event.
Wolf Trap’s Holiday Sing-A-Long started in 1968, when local choirs were invited to Wolf Trap founder Catherine Filene Shouse’s farmhouse to share in holiday mirth. A few years later, “The President’s Own” United States Marine Band and audiences were invited to the Filene Center and the concert took its current form.
Generations of holiday concertgoers have gathered since in celebration, and audiences have performed many of the same traditional songs throughout the event’s 50+ year history.
Prior to the start of the celebration, Wolf Trap will be participating in Toys for Tots, a program run by the United States Marine Corps Reserve. New, unwrapped toys will be collected at the entrance to the Filene Center. Donations are voluntary and not required.
Wolf Trap Holiday Sing-A-Long will take place on Saturday, December 3, at 4 p.m. Admission for the event is free and no tickets are necessary.
Make sure to follow Wolf Trap on Facebook, Instagram, and @Wolf_Trap on Twitter for the latest news and information!
The preceding sponsored post was also published on FFXnow.com
Deli Italiano is planning to open its location in the Town of Herndon in early- to mid-December.
The pizza shop — which originally was slated to open in early September — was hit by staffing shortages and ongoing renovation work. It will be located at 700 Elden Street.
“To keep our vision for what the Herndon community needed we delayed the opening,” Bianca Moskaitis, a spokesperson for the company, told FFXnow. “Between staffing shortages which is being felt across many sectors in the local workforce and making sure our renovations of the space were conducive to our business future potential, we were not able to keep our original timeline.”
A ribbon cutting ceremony and opening day offers are planned once the opening date is determined.
Meanwhile, the Reston location is still undergoing renovations. Located at 1631 Washington Plaza, that spot plans to open at Lake Anne Plaza in early 2023.
Deli Italiano serves a variety of salads, sandwiches, pizzas, subs, pastas, and calzones. The menu is available online.
The restaurant has other locations in Leesburg, Sterling, Great Falls, Arlington and Burke.
I-66 Express Lanes Opening Celebrated — “The I-66 Express Lanes outside the Capital Beltway are open as Virginia Gov. Glenn Youngkin and other officials celebrated Tuesday with a ribbon cutting…Youngkin said the Express Lanes can help busy families get to school, work and other extracurricular activities.” [Patch]
Inova Reports Surge in Emergency Room Patients — “Due to another spike in flu, COVID-19, RSV and other illnesses following the Thanksgiving holiday, Inova’s hospitals are experiencing unprecedented patient volumes and strain on hospital capacity, the health care system reported Tuesday…For every patient discharged another is waiting to be admitted.” [Inside NoVA]
Fairfax Connector Bus Stop in Sterling Changes — “Route 924 Stop Update! Effective immediately the Kohl’s Connector stop will no longer be operational. Beginning December 5, passengers must utilize the bus stop located near 7-Eleven. Use the crosswalk at South Cottage Road to get to the @novaloudoun campus.” [Fairfax Connector/Twitter]
Tysons Corner Center Hosts Holiday Photo Contest — “Our friends at Visit Fairfax are adding more love to the holiday season with a special #LoveTysonsHolidays Giveaway, including a 2-night weekend stay at the Hyatt Regency Tysons Corner Center, breakfast for two at Barrel and Bushel, and a free photos with Santa package at Tysons Corner Center!” [Tysons Corner Center/Facebook]
Mosaic Elementary Expansion Plan Advances — “Plans to expand and renovate Mosaic Elementary School in Oakton — and bump up its student capacity by a wee tad — received the Fairfax County Planning Commission’s unanimous recommendation Nov. 14…The School Board’s plans call for the school to be expanded by 55,365 square feet, bringing the total to 125,000 square feet, but extending the school’s design capacity by just 12 more pupils.” [Sun Gazette/Inside NoVA]
McLean Cybersecurity Company Acquired — “McLean, Virginia-based Avantus Federal, one of the area’s largest government contractors, has been acquired by Lorton-based QuinetiQ U.S., the U.S. cybersecurity contracting division of London-based QinetiQ Group plc, for $590 million.” [WTOP]
Learn About Upcoming Tysons Transportation Projects Tonight — “The McLean Citizens Association is holding a public meeting virtually on Zoom with Fairfax County Department of Transportation Director, Tom Biesiadny, who will give a presentation and take questions on pending and planned transportation projects and initiatives in and affecting the greater McLean Area.” [MCA]
Mystery Author Extravaganza Coming to Reston Library — More than 20 mystery and crime writers will gather at Reston Regional Library from 1-3 p.m. on Saturday (Dec. 3) to discuss their new books and short stories published this year. Books will be available to get autographs and to buy. [Fairfax County Public Library]
It’s Wednesday — Rain in the morning and afternoon. High of 58 and low of 44. Sunrise at 7:09 am and sunset at 4:49 pm. [Weather.gov]
A nearly 9-acre property near Lake Fairfax Park in Reston could be the sight of future infill residential development.
SEM Fairfax Land Associates is seeking Fairfax County’s blessing to build eight single-family homes on the property and preserve a 1790s building on the land, according to the Nov. 22 application.
The building known as the Fairfax Hunt Club — a 3,064-square-foot private avenue venue for up to 300 guests — will remain on the site alongside the original log house, which was built in the 1790s after it was relocated on the property from a farm in Vienna. The venue, which incorporated the log house, was affiliated with JR Custom Catering.
The property also includes a small cemetery that is roughly 14,106 square feet in size.
To move forward with the change, the county would need to approve the zoning from the Residential-Estate District to a more intense use — Planned Development Housing District, according to he application.
The community would be called Fairfax Hunt Estates. The applicants hopes to preserve the log house “in perpetuity” by imposing covenants on the lot that houses it.
“The Applicant will require preservation of the Log House by imposing covenants on Lot 3, which will ensure that it is maintained and preserved in perpetuity, without burdening the Fairfax County Park Authority with additional facilities to incorporate into their fiscal and administrative portfolio of various parks, historical sites, and recreational areas,” the application said.
A 5-foot-wide sidewalk along Lake Fairfax Drive is planned to complement the existing path along the east side of the road. The applicant also plans to extend the sidewalk from its southern property line along the Fairfax County Park Authority’s western frontage to the existing striped crosswalk at the entrance of Lake Fairfax Park.
The application has not yet been accepted for review by the county.
Photo via JR Catering/Facebook
Local officials are already preparing for “one of the most challenging” budget talks in years due to inflation, the changing real estate market, and staff retention challenges.
Right before the Thanksgiving holiday, Fairfax County staff offered supervisors and the school board an early look at projected revenues, expenditures, and points of potential discussion as the county and Fairfax County Public Schools (FCPS) prepare to release proposed budgets early next year.
The fiscal year 2024 budget forecast that staff presented on Nov. 22 didn’t paint a particularly rosy picture, however.
Board of Supervisors Chairman Jeff McKay called the forecast “a real mixed bag.” County staff said that generated revenue remained “healthy,” but others weren’t so sunny.
“This is probably going to be one of the most challenging budgets in my 11 years on the [school] board,” Braddock District School Board representative Megan McLaughlin said. “It’s going to be a tough one.”
Springfield District Supervisor Pat Herrity concurred, saying there wasn’t “a lot of good news in here.”
As is the case across the county, the local real estate market has been slowing due to increasing interest rates and rising prices. While it increased from last year, growth is expected to flatten going forward for the rest of 2022 and into 2023.
Non-residential tax revenue is in even worse shape, at least partially due to the change in work-from-home habits resulting from the pandemic. It’s expected to increase by only 0.6% compared to last year when the growth was about 2.3% compared to 2022.
While hotel, retail, and apartment revenues are all expected to increase next year, office revenue is expected to decline between 5% and 6%, raising concerns among some supervisors and school board members.
Braddock District Supervisor James Walkinshaw said he has talked to companies in the county that have no intention of renewing office leases due to decreased need with more employees now teleworking.
He called it a “slow-moving crisis” that could create a “very significant hole” in terms of missing revenue.
“[This] is very troubling,” Walkinshaw said. “It’s a structural challenge now in our economy…I’m not confident we have our arms around what that challenge is going to look like over the next 5 to 10 years.”
New construction and transient occupancy (or lodging) tax revenue are also expected to grow, but at much lower rates than prior to the pandemic.
Real estate taxes are the largest source of revenue for the county, providing more than two-thirds of generated money. Last year, home values soared, while commercial tax revenue dropped, resulting in a 3-cent decrease in the real estate tax rate.
All told, revenue is predicted to rise by about $266 million, a 3.8% increase from last year, per the presented forecast.
However, revenue isn’t keeping pace with expenditures, due mostly to anticipated staff salary increases.
Between recruitment and retention challenges and inflation, an additional $159 million will be needed for salaries and benefits compared to the current budget — plus another $113.5 million for school staff. Adding in other costs, the county and FCPS are looking at a combined shortfall of about $125 million for fiscal year 2024, which begins July 1, 2023, staff said.
Since this is a baseline forecast, a number of county and school priorities were not taken into account, including infrastructure upgrades, increased investments in affordable housing, and an expansion of early childhood education programs.
As county staff and McKay both reiterated, the forecast is only an estimation subject to change.
“As the economic outlook is uncertain, staff is approaching FY 2024 revenue forecasting very conservatively,” the presentation said.
Adoption of the fiscal year 2024 budget remains six months away. Advertised budget plans for the county and schools will be released in February with final votes coming in May 2023.
An electronics trading store is slated to open in Reston’s Home Depot by the end of the year, according to a company representative.
PayMore plans to open at a 2,160-square-foot store at 1675 Reston Parkway in Suite J within the next two to three weeks, the company representative told FFXnow in a statement.
The business started in 2011 in New York to serve a small community on the southeastern portion of Long Island, Nassau County.
The concept aims to repurpose items instead of recirculating them back into the marketplace.
Since then, the company now has four operating locations in New York and North Carolina — along with several franchises underway in 31 states.
PayMore offers options to buy, sell, trade and recycle. All devices sold to a PayMore store are professionally data wiped, according to the company. PayMore also buys broken electronics.
Route 7 Lane Shift in Reston Starts Today — “On or about Tuesday, Nov. 29, the right-turn lane from eastbound Route 7 to Baron Cameron Avenue will shift to the north (toward the median). Between Nov. 29 and Thursday, Dec. 1, crews will construct a temporary entrance from eastbound Route 7 to the Sunoco-Baron Cameron Service Center and Three Cees Car Wash & Quick Lube.” [VDOT]
Mobile Notifications for Covid Boosters Begin — “The Virginia Department of Health is sending text and voice message reminders to residents aged 50 and above that they are eligible for COVID-19 bivalent boosters. The text/phone reminder campaign begins on Monday, November 28th in multiple counties across the Commonwealth, including the Fairfax Health District.” [Fairfax County Health Department]
Wings & Burger Now Open in Huntington — “WNB Factory, an Atlanta-based franchise specializing in wings and burgers, opened its doors at Huntington Gateway Shopping Center on Sept. 19, according to manager Doug Hwang. Hwang, who’s preparing to open another franchise in Centreville in January, said the restaurant is known for its 100% certified Angus beef, which is not pre-frozen.” [On the MoVe]
Apple Allegedly Discourages Unionizing at Reston Store — “In emails sent from an employee to AppleInsider, Apple is said to have used the mandatory daily download from Saturday morning to promote the idea that unions aren’t the way forward. The meeting was required and for any employees clocked in at the time it occurred.” [AppleInsider]
Fairfax City Council Candidate Seeks to Have Recall Petition Dismissed — “John W. Farrell of McLandish Lillard, who was representing city council candidate Billy M. Bates, told Fairfax Circuit Court Judge Penney Azcarate that the petition filed by Anahita N. ‘Ana’ Renner requesting a recount of the Nov. 8 election should’ve included all candidates on the ballot.” [Patch]
County Hiring Day Care and Recreation Employees — Fairfax County Neighborhood and Community Services will host open hire events at the Lorton and Providence community centers tomorrow. Available positions include activity facilitators and School Age Child Care day care center teachers. [NCS]
Library Winter Reading Program Launches Soon — “Our Winter Reading Challenge is December 1-January 31, 2023. Want to learn how it will work? Have questions about Beanstack? Join us for a short presentation and a Q&A.” [Fairfax County Public Library]
Wolf Trap Holiday Sing-a-Long This Weekend — “It’s time to head over the river and through the woods to Wolf Trap National Park for the free annual Holiday Sing-A-Long on Saturday, Dec. 3. Since the Filene Center opened in 1971, ‘The President’s Own’ United States Marine Band has participated in the Holiday Sing-a-Long every year.” [WTOP]
It’s Tuesday — Mostly cloudy throughout the day. High of 52 and low of 36. Sunrise at 7:08 am and sunset at 4:49 pm. [Weather.gov]
The Virginia Department of Education has no clear timeline for when its new policies on the treatment of transgender students will take effect, leaving Fairfax County Public Schools and other local school districts waiting to see if the state makes any changes in response to vocal opposition to the proposal.
It has now been over a month since the state closed its public comment period for the draft “model” policies, which would require schools to identify students based on their sex assigned at birth and prohibit discipline for deadnaming or misgendering a student even if they get their official school records changed.
“The model policies document has not been finalized. The department is still in the process of reviewing public comment,” VDOE communications director Charles Pyle told FFXnow.
The department received more than 71,000 comments on the policies — some supportive, some critical — while the forum was open from Sept. 26 to Oct. 26.
The policies could’ve taken effect as soon as the comment period ended, but the VDOE said last month that the implementation would be delayed by 30 days under a state code provision that requires a delay if a guidance document might contradict state law.
Opponents of the proposed policies have argued that they would violate the Virginia Human Rights Act, which prohibits discrimination based on gender identity. A section on student participation in athletics also goes against the state law that directed VDOE to create the model policies, which explicitly excluded sports from consideration.
Though the additional 30-day deadline has now passed, Pyle says VDOE has no sense of when its public comments review might finish, citing the volume of comments. The department’s staff can make revisions to the draft guidelines, which must be approved by the state superintendent.
The Fairfax County School Board has indicated it won’t adopt the model policies, which contradict its existing policies supporting LGBT students. The Board of Supervisors issued a formal statement opposing them, arguing that they would defy legal precedent and harm transgender and other gender-nonconforming students.
Gov. Glenn Youngkin, who has championed the policies as “protecting parents’ fundamental rights to make decisions for their children,” will be in Fairfax County tomorrow to celebrate last week’s opening of the extended I-66 Express Lanes.
According to a media advisory, Board of Supervisors Chairman Jeff McKay will also attend the ribbon-cutting ceremony in Fairfax Corner, but no policy discussions are expected between the Democratic chair and Republican governor.
“We are guessing the Governor is already well aware of Chairman McKay’s on-the-record staunch opposition to the proposed change in model policies and its impact on Fairfax County families,” McKay’s office said.
After the ribbon-cutting, Youngkin is scheduled to appear in Arlington for an unspecified economic development announcement.
