Defense attorney Ed Nuttall at his campaign announcement for Fairfax County Commonwealth’s Attorney in February (via ABC7)

The official ballots for next week’s general election identify just one candidate for the job of top prosecutor in Fairfax County, but a group that identifies itself as victims’ rights supporters hopes to push another man into the office instead.

Defense attorney Ed Nuttall, who lost the Democratic primary in June to incumbent Steve Descano, officially endorsed a write-in campaign last week that seeks to make him the next Fairfax County Commonwealth’s Attorney.

According to a press release, the former county prosecutor agreed to publicly back the write-in push on Oct. 24 after the Fairfax County Democratic Committee removed him from the party, allegedly for attending a Brain Foundation fundraiser on Oct. 18 that featured Springfield District Supervisor Pat Herrity and Sully District supervisor candidate Keith Elliott — both Republicans.

“If the work of the write-in group is successful, Ed Nuttall would accept the job as Commonwealth’s Attorney serving Fairfax County and the City of Fairfax,” the Oct. 28 press release said.

Nuttall said the FCDC had also urged him “to denounce the write-in campaign on my behalf started by a victims rights group,” but he “refused to do so.”

“I was told more than once by more than one person to ‘resign for the good of the party,'” Nuttall said in an Oct. 25 Facebook post. “I chose not to do so because I’ve always put people over party. Those who know me know that disability rights and public safety have always been my passion, personally and professionally. I won’t let politics dictate how I act or whom I choose to work with, no matter the political price.”

The FCDC declined to comment when contacted by FFXnow, but chair Bryan Graham told WJLA that Nuttall’s attendance at a fundraiser supporting Republican candidates violated his pledge to the committee.

A spokesperson for Descano’s campaign also declined to comment.

According to its website, the write-in campaign for Nuttall was organized by “Fairfax County and Fairfax City voters” who supported his candidacy in the July 20 primary, which he lost by just over 10,000 votes.

“We waited for a couple of months for the current Commonwealth’s Attorney to implement action items brought to his attention during the primary campaign,” the campaign says. “However, that office continues to be disappointing and being politicized as a referendum.”

Changes sought by the group include oversight for the commonwealth’s attorney’s office, procedural training for prosecutors, and more communication with victims during plea deal negotiations. Spokesperson Scott Birdwell says the recommendations were compiled by 10 families of crime victims after a town hall in May.

The website says the campaign wasn’t authorized by any candidate or political group, but it has been backed by the Fairfax County Republican Committee, which held a rally on Oct. 3 with Herrity, Southern States Police Benevolent Association Fairfax County President Steve Monahan and GOP-endorsed at-large school board candidate Saundra Davis.

Nuttall didn’t “attend the rally as it was held during the day,” according to the Fairfax County Times. Read More

The website features new navigation and a more modern design (courtesy Reston Community Center)

Reston Community Center has officially released a new website that aims to improve access to information and overall usability.

The website, which was created by United Experts, includes new design elements, compatibility with different screen sizes and devices, and a more user-friendly navigation menu.

“We devoted a year to research, designing a comprehensive [request for proposals] and issuing that solicitation,” RCC Executive Director Leila Gordon said. “We received about a dozen proposals and analyzed them for how well they understood both RCC and our community, as well as how beautifully and functionally they addressed our challenges.”

The website is divided into three primary content categories: things to do, information, and facilities.

It also includes a new notification system that allows RCC to publish time-sensitive announcements easily. Digitized documents and publication archives are now fully searchable, and a help center is available for additional resources.

The website still connects with RCC’s two main platforms for purchases — myRCC, where users can look and register for the community center’s programs, and ETix, where users can buy tickets.

“RCC users gave us invaluable feedback,” board chair Beverly Cosham. “The outcome is as much a function of their input as of ours.”

Read more on FFXnow…

The Fairfax County Courthouse (file photo)

A Fairfax County judge is weighing whether to throw out a lawsuit from environmental groups challenging Republican Gov. Glenn Youngkin’s effort to remove Virginia from a regional carbon market.

Judge David Oblon heard oral arguments from Virginia Solicitor General Andrew Ferguson and Southern Environmental Law Center Senior Attorney Nate Benforado Friday morning in Fairfax Circuit Court. The hearing, which lasted about 30 minutes, concluded with the judge saying he would take the case under advisement before issuing a written decision.

Ferguson argued on behalf of the State Air Pollution Control Board, the Department of Environmental Quality and DEQ Director Mike Rollband to dismiss the lawsuit filed by SELC on behalf of Faith Alliance for Climate Solutions (FACS), Appalachian Voices, Interfaith Power and Light and the Association of Energy Conservation Professionals. The suit challenges Youngkin’s regulation to remove Virginia from the Regional Greenhouse Gas Initiative.

The Regional Greenhouse Gas Initiative, or RGGI, is a multi-state carbon market that requires electricity producers to purchase allowances to emit carbon. The allowances are then returned to the states; in Virginia, those proceeds are funneled into energy efficiency and flood resilience programs.

Youngkin, even before he became governor, has alleged that RGGI creates a “hidden tax” on Virginia utility customers, since utilities in Virginia are allowed to recover costs for the allowances from their ratepayers.

In July, the administration published the regulation to repeal Vrignia’s participation in RGGI at the end of this year.

Environmental groups have decried the withdrawal since Youngkin began pushing for it by citing the funds – over $500 million – it directs toward reducing energy bills for customers by helping homes conserve energy better and preventing flood damage through planning and infrastructure projects.

On Friday, Ferguson opened arguments by stating that out of all the plaintiffs, only the Association of Energy Conservation Professionals had demonstrated any harm worthy of a lawsuit because the group claims that they work with professionals who rely on the revenues the state receives from RGGI. The suit from the other groups, including Fairfax County-based FACS, doesn’t demonstrate that the other entities are directly impacted by the loss of any RGGI revenues, and should be dismissed, Ferguson argued.

The environmental groups could also have jurisdiction in Floyd County, where the Association of Energy Conservation is based, in Richmond where Interfaith Power and Light is headquartered and in Charlottesville, where the Southern Environmental Law Center is based, Ferguson added. He said that in the interest of “judicial economy,” the case should be dismissed entirely and not allowed to be transferred elsewhere, to prevent the plaintiffs from searching for favorable venues.

Oblon questioned both sides about Ferguson’s argument and deliberated if the court had the authority to prevent another jurisdiction from taking up the case, or if he should simply dismiss it and allow the plaintiffs to find another venue themselves.

Benforado, in response to a question from Oblon on whether he would prefer a venue in Floyd County should the case be dismissed, stated that he would prefer another hearing to determine what the appropriate venue would be.

Ferguson also argued that even if the plaintiffs were to find jurisdiction elsewhere, there’s no harm actually coming to them from the regulation repeal, because future revenues from RGGI wouldn’t stop flowing as a result of the state’s withdrawal.

The future lack of revenues would be guided by article 10.7 of the Virginia Constitution that states appropriation measures expire after two-and-a-half years. That deadline passed Oct. 7, Ferguson stated, meaning future funds would sit in the RGGI account and need to be appropriated by the General Assembly, similar to any other excess revenues.

Whether or not the regulation enabling Virginia to participate in RGGI remained “on the books,” Ferguson said, “We just don’t think that it’s relevant” because future RGGI revenue wouldn’t be disbursed because of the appropriation clause.

Benforado, in his response, argued that there are also specific requirements in the 2020 law that introduced Virginia into RGGI; one says the revenues “shall” be directed toward the specified programs. Article 10.7, the appropriation clause in the constitution Ferguson referenced, did not “scrub” the requirements of that law, Benforado said.

Additionally, Benforado pointed out that under the previous case of Morgan v. Board of Supervisors, the plaintiffs he is representing have shown they met the standard of being “affected” by the RGGI regulation repeal, versus being “aggrieved,” which requires a higher standard to be met. With the loss of future revenues, the groups are affected by not being able to carry out their mission to help the Fairfax County Public School program reduce emissions, Benforado countered.

Oblon did not provide a timeline of when he would issue a decision. The case has future hearings scheduled for Nov. 17 to argue if the case is strong enough to continue, and Dec. 1 to argue for a stay of the regulation repeal.

This article was reported and written by the Virginia Mercury, and has been reprinted with permission.

Read more on FFXnow…

The Fairfax County Police Department collected more than 750 pounds of unused and expired medications this year (courtesy FCPD)

The Reston District Station collected the most unused and expired over-the-counter and prescriptions medications as part of the Fairfax County Police Department’s 25th annual drug-take back day.

The police department’s stations collected 776 pounds as part of the annual event, which is a partnership with the Drug Enforcement Administration.

Reston’s drop-off location — which included Reston Hospital Center — raked in 183 pounds, followed by 151 pounds by the West Springfield District. The Fair Oaks District came in third place with 127 pounds overall.

The remaining totals are below:

  • Franconia District: 99
  • McLean District: 72
  • Mason District: 59
  • Mount Vernon District: 43
  • Sully District: 33

“This important initiative addresses vital safety and public health issues,” the FCPD said in a press release. “Unused or expired over the counter or prescription medicine left unsecured can be prone to misuse and may contribute to overdoses and accidental poisonings.”

This year’s totals were far less than last year’s grand total of 1,329 pounds and 2021’s total of 2,038 pounds.

Read more on FFXnow…

Herndon Police Department (staff photo by Jay Westcott)

Herndon Parkway between Cavendish Street and Worcester Street has reopened after an overnight crash closed the road in both directions.

The crash happened around 7:25 p.m. yesterday (Monday), according to the Herndon Police Department. The roadway was reopened at 11:15 p.m.

Two adult patients and one juvenile patient were treated for non-life-threatening injuries, police said.

Charges are pending against the driver of the striking vehicle, according to Lisa Herndon, a spokesperson for HPD.

Last night, the department’s accident reconstruction unit investigated the incident.

Read more on FFXnow…

Morning Notes

A northern mockingbird spotted at Sunrise Valley Elementary School in Reston (photo by Pete Huffer)

Plaza America Architect Has Died — “George Dove, who started his architecture career in D.C. in 1971 and later rose to become managing principal of WDG Architecture, died Oct. 23. He was 81…He led designs for projects in Crystal City and Arlington Gateway in Arlington; Skyline Center in Falls Church; Plaza America in Reston; and the Portals project near the Jefferson Memorial in D.C.” [Washington Business Journal]

Mixed-Use Development in Bailey’s Crossroads Advances — “The Fairfax County Planning Commission on Oct. 25 recommended approval of a Comprehensive Plan amendment to facilitate a mixed-use redevelopment project on the Food Star site…The plan amendment would allow for increased density — with building heights up to 14 stories — on a 13-acre site at the southeast intersection of Leesburg Pike and Carlin Springs Road.” [Annandale Today]

Bunnyman Brewing Expects Spring Launch in Lorton — “The Lorton Workhouse Campus officially has a new tenant now that Fairfax County has turned over the keys to historic building W13 to the owners of Bunnyman Brewing. According to Bunnyman co-founder and co-owner Sam Gray, he and fellow co-owner Eric Barrett are targeting a spring 2024 opening date for the new Bunnyman Brewing and Café.” [On the MoVe]

Police Called After Vienna Students Bite Each Other on Bus — “A juvenile…told Vienna police on Oct. 24 at 3:37 p.m. that she allegedly had been assaulted while riding home on the school bus from James Madison High School. The girl told police that after she jokingly bit another student, the other student bit her back, causing a bruise.” [Gazette Leader]

GMU Opens Behavioral Health Facility in Fairfax — George Mason University hosted a grand opening Friday (Oct. 27) for its new Center for Community Mental Health and Center for Evidence-Based Behavioral Health. The 9900 Main Street location “is optimally located to enable community members’ easy access to critical mental health services, while also providing space to advance research and train the next generation of behavioral health providers.” [GMU]

Tysons Hotelier Named Top Workplace for Women — “McLean, Virginia-based Hilton Worldwide and Bethesda, Maryland-based Marriott International consistently rank at or near the top of best workplaces rankings, and they take the top two spots in Fortune’s 2023 Best Workplaces for Women list — Hilton is No.1 and Marriott is No. 2. The rankings are based on employee surveys.” [WTOP]

Oakton Mental Health Nonprofit Changes Name — “PRS, a Northern Virginia-based mental health nonprofit, is changing its name to HopeLink Behavioral Health. The organization, which is 60 years old, announced the change at its annual Imagine Hope Benefit earlier in October.” [Inside NoVA]

Eden Center Welcomes New Vietnamese Restaurant — “Truong Tien, buried deep within a mall at the Vietnamese shopping center in Falls Church, specializes in…Hue royal cuisine, named for the ancient imperial city where the preparations sprang to life during the Nguyen dynasty of the 19th and early 20th centuries. Imperial plates are not totally foreign to the D.C. region…but I have encountered nothing like the food at Truong Tien in my years of learning and writing about Vietnamese cooking.” [Washington Post]

It’s Tuesday — Expect partly sunny skies and a high around 53 degrees, accompanied by a north wind of 3-8 mph. At night, partly cloudy conditions will prevail, with temperatures dropping to around 37 degrees. [Weather.gov]

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Fairfax County Public Schools (file photo)

All Fairfax County Public Schools employees will get a bump in their paychecks, starting next year, after the school board unanimously approved 2% raises last week.

The additional pay was made possible by the budget that the Virginia General Assembly belatedly adopted in early September, which provided money to raise teacher salaries across the state. But school board members and FCPS workers argue that overall state funding for education falls far short of what they need.

“While the 2% raise is a start, it is clearly insufficient in ensuring our professionals are compensated at their full value, nor does it bridge the gap enough for family liaisons, drivers, [instructional assistants] and others to earn a wage that allows them to reside in Fairfax County,” Mason District Representative Ricardy Anderson, chair of the school board’s budget committee, said before the vote on Thursday (Oct. 26).

Effective Jan. 1, the 2% raise will ensure FCPS can “retain teachers at the status quo, essentially,” keeping pace with other school districts in the state, Mount Vernon District Representative Karen Corbett-Sanders said. Loudoun, Arlington, Prince William and Alexandria schools have also approved the increase, FCPS staff told the board.

State formula underestimates school staffing costs

According to the meeting agenda, FCPS is getting a $19.7 million increase in state revenue from the revised fiscal year 2024 budget. However, only $5.3 million of that was designated for the 2% raises, with the remainder intended as “reimbursement” for support staff positions, Anderson explained at the school board meeting.

With the raises costing a total of $30.5 million, FCPS is taking advantage of “flexibility allowed with” the support staff funding to allocate that $14.4 million to the compensation supplement, Anderson said. The remaining gap will be filled by $10.8 million from the school system’s staffing reserve, which is set aside in case more positions are needed than anticipated in each year’s budget.

The reserve will still have enough money for about 99 staff positions, FCPS Chief Financial Officer Leigh Burden told the board, noting that new positions aren’t often added after October “because of the potential disruption of adding teacher positions once the school year has started.”

In other words, the “burden” of funding the school system and its employees “rests largely on local funds,” Anderson said.

The standards of quality (SOQ) formula that Virginia uses to calculate the number of positions each school division needs and how much they will cost “substantially” underestimates actual school needs, according to a report released in July by the Joint Legislative Audit and Review Commission (JLARC), which evaluates programs and provides state agency oversight for the General Assembly.

The report found that Virginia provides 14% less funding per student than the national average, trailing Maryland by 18% and West Virginia by a whopping 25%.

“The points made in the study about Virginia being one of the lowest paid states for teachers in the United States is an abysmal statistic to behold,” Tamara Derenak Kaufax, who represents Franconia District on the school board, said. “…We cannot continue to be last in the nation in this, with the pay for our teachers in particular, so it is something that we will continue to fight for.”

Unions advocate for more compensation

While appreciative of the new pay increase, FCPS employee union representatives say it isn’t enough to fully address shortages of teachers and other staff, a challenge facing school districts across the U.S.

This school year, FCPS hasn’t encountered as many issues with hiring and retention as last year, but “we still found ourselves scrambling to ensure all classrooms have a teacher,” Fairfax County Federation of Teachers President David Walrod told FFXnow.

He noted that the 2% raises will be countered by an 8% increase in health insurance costs. FCPS is contributing slightly more than usual toward employee premiums for 2023 after switching providers to Cigna, according to the FY 2024 budget.

“While we certainly appreciate receiving an additional salary bump, the reality is that the change in paycheck will be negligible, or even negative, for most employees,” Walrod said. “The Fairfax County Federation of Teachers is committed to working with the school board and board of supervisors to ensure that all teachers and educational staff receive robust compensation that demonstrates a commitment to long-term retention of staff.”

Fairfax Education Association President Leslie Houston called the raise “a crucial step” in ensuring FCPS can retain and support “exceptional educators,” but she argued that it can’t continue relying on staffing reserves to fund salaries.

In addition to the state updating its staffing formula and eliminating a cap on support positions, the county needs to continue giving FCPS its full funding requests, she said. Springfield District Supervisor Pat Herrity had advocated for reducing funds for the school system in the current budget to provide more tax relief.

“It is our hope that the Fairfax County Board of Supervisors and the State will recognize the urgency of this situation and take action to ensure that our educators receive the compensation they deserve,” Houston said. “Together, we can maintain the high standard of education that Fairfax County Public Schools are known for.”

Both unions are hopeful that collective bargaining — a right secured for FCPS employees this spring — will begin in time to affect the next budget, which will be presented in January. However, they “still have work to do to call for an election,” Walrod said.

The school board has approved pay raises for all FCPS workers in each of the past three budgets, according to Providence District Representative Karl Frisch, the board’s current vice chair.

“Teachers and school staff deserve a lot more than we’re giving them in this pay increase,” Frisch said. “But this vote is a step in the right direction, and it shows that we value their hard work and dedication to our schools and our students.”

Read more on FFXnow…

The restaurant Red Bird is set to open soon at South Lakes Village Center (courtesy Alanis Hubbard)

The trend of hot chicken continues to spread its wings in the area with the coming of another restaurant.

The Red Bird is set to open at South Lakes Village Center, according to signage posted at the Reston shopping center.

The company did not immediately return a request for comment from FFXnow on when the new restaurant is expected to open.

The Reston location will be The Red Bird’s second permanent restaurant in Northern Virginia. A location in Vienna is expected to open this year, FFXnow previously reported. The company previously operated out of a ghost kitchen and held several pop-ups in Virginia and D.C.

Other hot chicken spots in the area include Roaming Rooster, Hangry Joe’s Hot Chicken and Dave’s Hot Chicken.

At The Red Bird, spice levels range from hot to the highest spiace level “Fck You Cra.” The company’s chicken tenders are marinated in a Red’s chicken rub and dipped in homemade breading. A final red rub is then dusted over the cooked chicken. Other items on the menu include chicken bowls and fries.

The Red Bird is negotiating leases for locations in Falls Church, Ashburn and Arlington.

Read more on FFXnow…

The landscaping outside 2491 helped land it the no. 1 spot on Northern Virginia Magazine’s 2023 50 Best Restaurants list (photo by Jerry Woolsey)

The best place to eat in Northern Virginia right now is an upscale restaurant tucked away in an office building outside Merrifield that also houses the U.S. headquarters of defense contractor BAE Systems.

At least that’s the designation bestowed upon 2941 by Northern Virginia Magazine’s food critics, whose ranking of the 50 best restaurants in the region for 2023 hit newsstands on Friday (Oct. 27) as part of its November issue.

While the full list can only be found in print, reviews for the top 10 restaurants are online, led by 2941. Located at 2941 Fairview Park Drive, the restaurant impressed the magazine’s critics with the artistry of both its cuisine and setting, which features landscaping, a koi pond and a view of an artificial lake.

“Inside the soaring space, a talented contemporary American kitchen staff transforms top-flight ingredients into culinary art,” the review said, highlighting a five-course tasting menu curated by Executive Chef Bertrand Chemel as well as a la carte dishes like a “grilled rib-eye with crisped potatoes.”

Self-described on its website as “one of the most celebrated restaurants in the metropolitan area,” 2941 previously topped Northern Virginia Magazine’s annual rankings in 2021 and came in second last year. It has also been recognized in the past by Washingtonian, Eater DC and the Washington Post.

“We’re ecstatic to share that we’ve been ranked as the #1 restaurant in Northern Virginia!” the restaurant said in a Facebook post. “This recognition wouldn’t be possible without our incredible team and the support of our loyal customers. Thank you for making…us the best in the region.”

2941 isn’t the only Fairfax County restaurant to place in the top 10. It was joined by Nostos in Tysons (No. 6), L’Auberge Chez François in Great Falls (No. 8), Trummer’s in Clifton (No. 9) and Trio Grill in Merrifield proper (No. 10).

Praised for proving that there’s “much more to Greek cuisine” than gyros, Nostos (8100 Boone Blvd) was among Washingtonian’s “very best restaurants” in 2014, 2017 and 2018. Its owners are behind Vienna’s incoming Yellow Diner, which is expected to open at 501 Maple Avenue West early next year.

L’Auberge Chez François has been operating at 332 Springvale Road since 1976, when it moved from its original home in D.C. Also recently lauded by Washingtonian, the French establishment is a “captivating destination for celebrating life’s special moments” with “masterful cuisine” and “exquisite service,” according to Northern Virginia Magazine.

Trummer’s (7134 Main Street) originally opened as a fine dining restaurant in 2009, but it has been steadily evolving into a more casual American bistro, dropping the “on Main” portion of its name in 2019. Northern Virginia Magazine highlights its “skillful” blending of “Austrian and regional American traditions.”

Near the Mosaic District at 8100 Route 29, Trio Grill comes from Metropolitan Hospitality Group, which is also behind Open Road, Circa and El Bebe. When it opened a decade ago, Northern Virginia Magazine dinged the eatery for not taking more risks with its menu, but it now says Trio Grill offers “a night of fine food and camaraderie.”

Falls Church was also represented with Ellie Bird at No. 5 and the Vietnamese restaurant NUE coming in seventh. Both restaurants opened earlier this year in the city’s new Founders Row development on West and Broad streets.

Read more on FFXnow…

The roll-top observatory at Turner Farm Park (courtesy Fairfax County Park Authority)

An effort to preserve dark skies in Great Falls recently got a vote of support from the Fairfax County Planning Commission amidst contention within the community.

At a heated Oct. 18 meeting, the commission unanimously recommended approval of regulations to preserve dark skies around Turner Park Farm Observatory Park. Public testimony, however, was divided into two camps.

Proponents called the proposal a necessary step to preserve dark skies, reduce light pollution, and ensure astronomers can continue to get clear views. Opponents said the changes would decrease safety, were being considered without direct community engagement, and did little to result in a meaningful impact on light pollution.

The regulations, which limit outdoor lighting with a half-mile of the observatory, have been in the works for years. The latest version was pared down after several town halls and an online community survey.

Under the proposed zoning ordinance amendment, motion-activated outdoor lights must be 1,500 lumens or less — a drop from the current limit of 4,000 lumens or less. Additionally, all lights need to be fully cut off, which is currently not required.

Still, an exception to the cut-off and shielding requirements will remain for lights at a door or a garage of up to 1,500 lumens per fixture.

The regulations would also set limits on the number of up lights or spotlights allowed. Currently, any number are allowed as long as they are fully cut off or shielded to confine light. The changes would limit each fixture to 300 lumens. Changes would apply to future lights.

But some residents said they were in the dark about the proposal. They also said they were concerned about the safety impacts of reduced lighting.

Laszlo Zsidai, president of Foxvale Farm’s homeowners’ association, said the neighborhood of 115 homes received no direct engagement from the county on the amendment, noting that an online community survey conducted by the county found 50% of respondents were not supportive of the changes. A survey conducted by the HOA of its own community found similar levels of support, he said.

He also questioned if regulating lights near the observatory was effective in the shadow of other high-rise, luminous developments in surrounding areas like Tysons.

“Their light pollution will eat us up,” Zsidai said.

Great Falls has a visibility level of around 6 when judged on a Bortle scale where 1 means excellent viewing and 9 means poor viewing.

Dranesville District Commissioner John Ulfelder emphasized that Great Falls has one of the lowest crime rates compared to other parts of the county.

“Crime in Great Falls is not rampant. It’s not even serious. But it’s important to feel that they have a sense of security,” Ulfelder said.

Others, including the Great Falls Citizens Association and several astronomy organizations, expressed support for the proposal.

Thomas Reinert, president of DarkSky International, described the regulations as a compromise. He noted that students at Thomas Jefferson High School for Science and Technology near Lincolnia can no longer use a telescope on their facility due to the increase in light pollution over the years.

The observatory at Turner Farm is among a handful of facilities in the area where astronomical viewing can continue — for now.

“In no sense are these rules onerous,” Reinert said.

Dr. Peter Flavchan, a professor of phusics and astronomy at George Mason University, emphasized that light pollution has doubled in just the last 10 years. He compared the community to a “proverbial frog” sitting in water that is slowly reaching a boiling point.

The proposal heads to the Fairfax County Board of Supervisors for a final vote on Nov. 21.

Read more on FFXnow…

A Metro train at the Vienna station (staff photo by Angela Woolsey)

As Metro considers ways to address a looming $750 million shortfall and stave off changes to its operations, officials are requesting jurisdictions, including Virginia, review their options to help address the funding deficit that threatens thousands of jobs and various services.

Metro hopes policymakers in the commonwealth will consider adjusting the state law that sets a 3% cap on the growth of Virginia’s annual payment to the Washington Metropolitan Area Transit Authority. Dedicating more funding to Metro and overlooking the demands of other transportation projects, however, concerns some lawmakers and transportation leaders.

The shortfall

[Earlier this month], Metro officials made their case to Virginia leaders at the Commonwealth Transportation Board’s work session and joint House and Senate Transportation meeting in Arlington.

“We are obviously trying to avoid the cuts, but to do that, we need the cap [readjusted] and the certainty around funding,” said Randy Clarke, general manager and CEO of Metro, speaking at the Oct. 17 CTB work session.

As the agency faces a loss of COVID-19 relief funding at the end of the fiscal year, Metro officials said the reasons for the expected shortfall include revenue decreases since the COVID-19 pandemic, contractual commitments such as bargaining agreements and increased inflation costs.

In the meantime, Metro is focused on belt-tightening to avoid potential layoffs of about 5,000 employees, hiring freezes, and service cuts; the agency is also considering fare increases. Clarke said Metro is closely managing its operating expenses to help with carryover to the next fiscal year, and it could have a recurring fund of $50 million every year going forward for the next 10 years as part of an earlier initiative to create a savings plan.

“We’ve significantly reduced the …deficit for this year, but some of these are one-year solutions, but I think everyone again is just trying to figure out a more holistic path forward,” Clarke said.

On Oct. 19, Virginia Secretary of Transportation Shep Miller told the Mercury at the Governor’s Transportation Conference that region and state transportation leaders are considering Metro’s proposed shortfall. However, after speaking with committee members, it’s unclear which body will take up Metro’s request.

At the Oct. 17 work session, Miller said Metro is an important system and has been on “good footing” compared to previous years marked by management issues. Still, the agreement between the jurisdictions, and the millions of dollars each is being asked to contribute to Metro, is a difficult matter.

“Whether the number is 750 or whether it’s 500, or whether it’s 350, on an annual basis, [it] is going to be a choker for the folks that got to come up with the money,” Miller said.

3% cap

Clarke said Metro needs some clarity on what funding adjustments Virginia can make to address the expected deficit, ideally by December. To help address the $750 million shortfall, Metro officials are proposing Maryland and Virginia adjust their 3% cap on the growth of their annual payments to WMATA, which would require a one-time adjustment for fiscal year 2025.

However, in Virginia, any changes to the state law could be a lengthy process.

“Virginia, Maryland and the District all have different calendars and the timing and some of the things that the general manager and his team will have to enact or put in place [makes for] a very complicated situation that we’ll have to work through,” said Paul Smedberg, chair of the Metro Board of Directors.

In 2018, Virginia, Maryland, Washington D.C., and WMATA partnered to address the agency’s financial issues operating transit services in the D.C. metropolitan area, primarily in Northern Virginia. The three jurisdictions established a dedicated funding source for the transit agency to help address any maintenance issues. The Virginia General Assembly then created the WMATA Capital Fund to uphold its portion of the agreement.

The state appropriates the funds to the Northern Virginia Transportation Commission, transferring them to WMATA for capital projects and operating assistance. In 2022, Virginia contributed $200.8 million to WMATA, according to the Department of Rail and Public Transportation.

Under the state law, if WMATA’s budget increases the commonwealth’s payments by more than 3% in any given year, state code directs the Commonwealth Transportation Board to withhold 35% of funding for capital and operating assistance.

However, at the beginning of the pandemic in 2020, Metro provided jurisdictions including Virginia a credit of $196 million. Metro provided the credit because jurisdictions’ funding was unclear until they received the second round of federal pandemic relief money.

Clarke said if the credit were compounded, it would be worth $690 million to date.

“You could actually argue that without the credit, we would actually have a more or less balanced budget this year,” Clarke said. “That doesn’t mean we wouldn’t have a next year of significant funding issue, but that’s how large that credit is, especially when you add in the compounding.”

Virginia legislators’ funding concerns

Lawmakers at the Oct. 19 Joint House and Senate Transportation Committee meeting expressed concern about the potential impacts of the shortfall, while others didn’t want their colleagues to lose sight of other priorities such as road and multimodal projects in the commonwealth.

Del. Terry Austin, R-Botetourt, said lawmakers must fund and maintain the rest of Virginia’s transportation network.

“We have to acknowledge the needs of Metro and the needs of the transportation surface movers in this region of the state, nor can we allow [it] to take away from all the needs of all the rest of the state,” Austin said. “We have a problem with revenue. Our transportation needs far exceed our ability and this is a huge need.”

Del. Vivian Watts, D-Fairfax, added that when the agreement was created between the jurisdictions it was because of trust issues with the transit agency and its management of operations. However, she applauded Clark’s work since joining the agency last July.

Still, Watts said, “We cannot, as we move forward, take all of the importance of Metro and say that it overrides this region’s total transportation needs.”

Sens. Barbara Favola, D-Arlington, and Jennifer Boysko, D-Fairfax, said Metro has had a major impact on the environment and business communities in their districts. According to Metro, 70% of jobs and 60% of the region’s population are within a half-mile of a transit stop.

Sen. Dave Marsden, D-Fairfax, said policymakers must work as “diligently” as possible to restore things for Metro next fiscal year.

“When you start talking about the 3% cap not being adjusted, when you start talking about the possible layoffs, possible reductions in budget that require reduced services because you do have to be a balanced budget, you’re talking about the beginning of the death spiral for an agency that is critical to this commonwealth’s economy, [and] critical to Northern Virginia because COVID has changed everything,” Marsden said.

On Oct. 17, Miller told Metro officials he was also concerned with the agency’s overdue safety needs, totaling approximately $4.5 billion.

Clarke said Metro’s structures, tracks and power cabling are in good condition, but the agency is concerned that using its capital for operations will delay the roll out of the 8000 series rail cars and keep the 3000 series railcars in service longer. Clarke said the 3000 series rail cars have already reached the maximum life of a railcar, around 35-40 years.

Clarke said he doesn’t believe the agency will ever have zero dollars worth of overdue safety needs because Metro is constantly working on its safety plan.

Still, he said, “We got to keep that number low because that number means a state of good repair, which means reliability, which means, ultimately, a safe system.”

This article was reported and written by the Virginia Mercury, and has been reprinted with permission.

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Morning Notes

Trees along Jermantown Road in fall (staff photo by Angela Woolsey)

Centreville Shooting Started Over Parking — “Two men are in the hospital suffering from gunshot wounds after an argument about a parking space in Centreville, Virginia, police say. Residents say the incident started when a car with a group of men inside pulled into a parking spot outside a townhouse community on Golden Oak Road Thursday night. [NBC4]

Route 7 Improvements Made in Culmore — “In a follow-up to a meeting on pedestrian safety for Leesburg Pike in Culmore in August 2022, transportation officials presented an update at a community meeting Oct. 25 on what has been done and what’s in the pipeline…In one major improvement, the speed limit along Leesburg Pike between the City of Falls Church and the City of Alexandra has been reduced from 40 to 35 mph” [Annandale Today]

Software Company Opens HQ in Tysons — “Global cloud-led, data centric software company, NetApp celebrated the grand opening of its new U.S. Public Sector headquarters in the Boro Tower in Tysons on October 18, 2023. NetApp chose to keep its U.S. Public Sector headquarters in Fairfax County, moving into a new, 24,000 square-feet office space.” [FCEDA]

Local Afghan Translator Faces Eviction — “A woman who aided U.S. forces in Afghanistan and barely escaped with her life as the Taliban overtook the country in 2021 [was] in a Fairfax County court Friday to ask not to be evicted from her apartment for being two months behind on her rent.” [NBC4]

First Animal Adopted at County’s New Shelter — “Our FIRST adoption at the new Lorton Campus was sweet Brandi! Her new mom quickly fell in love with her cuddly and gentle personality. Both our Lorton Campus, located at 8875 Lorton Rd., and our Michael R Frey Campus, located at 4500 West Ox Rd. in Fairfax, are open” Tuesdays and Wednesdays 12-5 p.m., Thursdays and Fridays 12-7 p.m., Saturdays and Sundays 11 a.m.-5 p.m. [Fairfax County Animal Shelter/Facebook]

Supervisors Supportive of Turn-Calming Pilot — “Some Fairfax County Supervisors said they would support a pilot program that introduces turn-calming measures on certain roads, aimed at keeping pedestrians safe while drivers make turns…The equipment used to get drivers to slow down while turning isn’t likely to have issues as a result of snow, but the Virginia Department of Transportation did raise several concerns about using it.” [WTOP]

Dormant Cicadas Still Affect Ecosystem — “Brood x periodical cicadas emerged in the D.C. region in the summer of 2021 — then burrowed back underground, where they will stay until 2038. In the meantime, though, the impacts of their emergence have had effects that likely continue to reverberate through local ecosystems, according to newly published research.” [DCist]

Reston Teen Starts Theater Scholarship Program — “August Gabriel Rivers’ love of theater started at an early age. The 17-year-old…was able to hone his craft through theater enrichment programs, many of which he participated in outside of school. Joining those extra programs took money…To help some kids overcome that barrier, Rivers, a senior at South Lakes High School, worked with other students to create ‘Reston Stars,’ which gives out scholarships to kids in need.” [WTOP]

It’s Monday — Scattered showers are expected mainly after 2 pm, with increasing clouds and a high near 77. There is a 30% chance of precipitation. For Monday night, rain is likely after 2 am. The sky will be mostly cloudy, and temperatures will drop to around 43. [Weather.gov]

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River-Sea Chocolate Factory is moving its Chantilly production operations to Reston next year (courtesy River-Sea Chocolates)

River-Sea Chocolate Factory is moving its chocolate production facility to Reston, though its retail store and hot chocolate cafe will remain in Chantilly at 4520 Daly Drive, Suite 100.

While the company isn’t ready to share the exact address yet, co-founder Krissee D’Aguiar tells FFXnow they are in the process of working with architects and engineering experts to plan the build-out for the Reston location, which is expected to start operations next year.

“This strategic expansion will allow us to continue providing the finest bean-to-bar chocolate products to the D.C. area and enhance our production capabilities,” the company said in a statement. “We want to assure our customers that our retail shop and hot chocolate cafe will remain in Chantilly, ensuring that you can still enjoy our nourishing bean-to-bar chocolate and experiences in the same familiar location.”

The company plans to celebrate its fifth anniversary with a party on Nov. 4 from noon to 5 p.m. at the Chantilly factory.

The $8 entrance ticket for the event includes a s’mores kit, hot chocolate, and samples of chocolate from around the world. The event will also include live music by Herndon percussionist All Around Acoustics from 1-4 p.m. and cacao bag races that start at 2 p.m.

River-Sea founders Krissee and Mariano D’Aguiar started making chocolate in 2017 after visiting family in northern Brazil, where they saw the potential of using food to act as a “connecting bridge” between their life in D.C. and Brazil, according to the company’s website.

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Cemetery #FX242 near Lake Fairfax Park in Reston (via SEM Fairfax Land Associates/Fairfax County)

The Fairfax County Board of Supervisors unanimously approved a plan for single-family homes near a historic area of Lake Fairfax Park at a Tuesday meeting.

The plan by developer SEM Fairfax Land Associates calls for eight single-family homes at the site of J.R.’s Custom Catering’s former Fairfax Hunt Club along Lake Fairfax Drive in Reston. The property features a historic log house that will be preserved as part of the redevelopment and an unmaintained and unnamed cemetery.

John McGrahan, the applicant’s attorney, said the applicant changed several features of its plan in response to pushback from neighbors, including Hunt Club Cluster residents concerned about preserving the cemetery.

At the request of residents, McGranahan said the location of the development’s sixth lot — which previously wrapped around the cemetery — was changed in order to avoid disturbing the cemetery and create a buffer between surrounding areas.

“The location of lot six and protection of the cemetery were the two big issues that we had at the community meeting,” McGranahan said.

The applicant also plans to plant more trees along Lake Farifax Drive in response to a request from Planning Commissioner John Carter.

Hunter Mill District Supervisor Walter Alcorn said he was pleased with the outcome of what he called a small but “tricky” case.

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Morning Notes

A bridge over Reston’s Lake Audubon in autumn (photo by Marjorie Copson)

Halloween Events Galore This Weekend — “Whether you’re looking to be scared silly or for some Halloween events for kids to just have some good old-fashioned family fun this year, check out the activities below to find the perfect Halloween activities. And beware, you never know what could turn up on these hallowed grounds at these Halloween events.” [Visit Fairfax]

Escaped Inmate Arrested at Springfield Hotel — “Naseem Roulack, 21, was arrested at approximately 9 a.m. at a hotel in the 6700 block of Commerce Street…Roulack was serving a 13-year sentence for charges of aggravated malicious wounding, grand larceny and hit-and-run when he escaped custody, but is also facing kidnapping, armed robbery, armed carjacking, first-degree assault and vehicle theft charges for a Sept. 1 incident in Gaithersburg, Maryland.” [U.S. Marshals Service]

Homes Cleared for Mount Vernon Gateway — “Property demolition and site clearing activities are underway for the impending construction of a multifamily residential building in a suburban neighborhood between Hybla Valley and South County. The nearly five-and-a-half-acre site will eventually be home to a five-floor, 280-unit apartment building that represents the first phase of the ‘Mount Vernon Gateway’ project.” [On the MoVe]

Former Fort Belvoir Doctor Convicted of Sexual Assault Again — “A former Army doctor from Springfield, Virginia, who’s already serving a 10-year prison sentence for rape, is now facing up to life in prison for abducting and attempting to sexually assault his wife inside the couple’s home. Drew Steiner, 60, was convicted by a jury in a second trial in Fairfax County Circuit Court on Wednesday.” [WTOP]

School Speed Cameras Lead to Thousands of Tickets — “In August and September, nearly 13,000 drivers were caught going 10 or more miles per hour above the posted speed limit. Over 3,500 speeders were caught in August, and over 9,300 were identified in September. Since April, when the county initiative started, more than 55,000 drivers were caught speeding.” [WTOP]

Reston Parkway Repairs to Take Rest of Year — “Motorists traveling southbound on Reston Parkway can expect the lefthand lane on the bridge over the Dulles Toll Road to remain closed until December, according to the Virginia Department of Transportation.” The lane has been closed since July 10, when a truck struck the bridge, damaging the “deck beams and other elements.” [Patch]

FCPS Seeks Input on Website Redesign — “FCPS will be updating our current websites to improve user experience. Our website vendor will focus on key elements including design, layout, navigation, content, and accessibility. Please take our survey and let us know your thoughts about our websites and how well they are serving you.” [FCPS]

New Playground Finished at Lake Accotink Park — “Construction of the new playground began in early September and final inspections were completed last week. The new playground will officially open with a ceremonial ribbon-cutting next Thursday, November 2, at 5:00 p.m. at Lake Accotink Park.” [The Walkinshaw Advisory]

It’s Friday — Expect partly sunny skies with a high around 81, accompanied by a gentle west wind at 3 to 6 mph. As night approaches, the sky will be partly cloudy, and the temperature will drop to approximately 62. [Weather.gov]

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