By Carla Branch and James Cullum
alexandrianews.org

2008 began as it is ending with dire predictions of economic declines ahead for Alexandria, Virginia and the nation. But along with the worst real estate market in more than a generation and unprecedented mid-year budget cuts, Alexandria welcomed presidential candidates, helped send favorite son, Mark Warner, to the U. S. Senate and celebrated the City’s first State high school basketball championship in 30 years.

Rebecca Perry (Photo: Artis Mooney)

On Jan. 18, the Alexandria School Board accepted the resignation of School Superintendent Rebecca L. Perry, ending six months of turmoil following the Board’s June vote not to renew her contract when it expired in June, 2008.

ACPS’s new superintendent, Dr. Morton Sherman. (Photo: Hope Gibbs)

The Board hired Dr. Bill Symons as the interim superintendent and began a national search for a permanent chief for the Alexandria City Public School system. After one search failed, the Board hired a new search firm and selected Dr. Morton Sherman who arrived on Aug. 15.

Obama addresses the crowd at T.C. (Photo: Bob Lennox)

The following month, Democratic presidential candidate Barack Obama spoke to more than 3000 people at T. C. Williams High School, two days before Virginia’s presidential primary. T. C. senior, Carla Gonzalez, asked Obama about his administration’s potential policies toward Latin American countries. “Since this is the first time I will be able to vote, I’m going to take advantage of the opportunity. I know I’m going to vote for a Democrat, but I still haven’t decided which candidate,” she said.

After Obama won Virginia’s Democratic presidential primary and John McCain got the nod from Virginia’s Republicans, Alexandria City Manager Jim Hartmann proposed a fiscal year 2009 budget of $534 million to operate the City and the public school system. “Because of declining revenues, we had to make some very hard choices about what to fund and what to omit from this budget,” Hartmann said.

Mayor Euille between City Council members, Del Pepper and Rob Krupika. (Photo: Regan Kireilis)

As the Alexandria City Council deliberated on Hartmann’s budget proposal, Mayor Bill Euille warned of hard times ahead in his State of the City address in March. “We are certainly incurring a loss of revenue and that manifests itself in Council assessing budget priorities and making some tough decisions, including reductions…The challenges are certainly great, but I believe that when ever we face a challenge, opportunities emerge,” he said.

When Council finally adopted the FY2009 budget in May, they agreed to spend $542 million, a 4.3-percent increase over the previous year’s budget. “This was a very difficult budget year for many reasons: the loss of the Northern Virginia Transportation Authority funds because of the Supreme Court’s decision; the decline in revenues from real estate and the loss of other State funds. Alexandria’s budget should reflect where we are, where we want to be and how we get there and I believe we have accomplished that,” Euille said.

Titan Dynasty. Photo by Bob Lennox.

As Council wrestled with the budget crunch, the entire community found time to celebrate the T. C. Williams Titans first Virginia High School League State Boys’ Basketball Championship. The Titans stormed through the Patriot District and Northern Region play undefeated. The Titans faced a nationally ranked team from Bethel High School in the State championship, a game that few expected T. C. to win. The final score was Titans 70, Bethel 57. “This was the most unselfish group of men I’ve coached,” said T. C. Coach Ivan Thomas. “These guys perform as adults; they worry about the team, not themselves.” Thomas left T. C. at the end of the school year and is now coaching at a Williamsburg area school.

The Mirant Potomac River Power Plant in Alexandria. (Courtesy photo)

As 2008 began, Alexandria was engaged in multiple court and regulatory battles with Mirant, owner and operator of a coal-fired power plant on the City’s waterfront. In July, City Council approved a settlement with Mirant requiring the company to invest $34 million in new pollution control technology. “This is a reasonable compromise reflecting the need for stringent pollution controls to protect the health of Alexandria residents and reduce the environmental harm caused by this coal-fired plant,” said U. S. Representative Jim Moran (D-8th). “I applaud the mayor, City Council and citizen activists for standing up to Mirant, forcing a tough agreement that will lock in lower emission limits…”

Ethanol transloading facility at Van Dorn (Courtesy photo)

While the seven-year battle with Mirant came to a close, the City began another struggle with Norfolk-Southern over the opening of an ethanol transloading facility at that company’s Van Dorn Street location. The mayor first learned of Norfolk-Southern’s plans for such a facility in June, 2006 but City Council was not aware of those plans until after the ethanol transloading facility had been in operation for nearly six weeks. Hartmann finally notified Council of the facility’s existence on May 15. The City is now engaged in court and regulatory actions against Norfolk-Southern.

In 2008, City Council approved several significant developments, including a master plan for the Braddock Road area and the redevelopment of three of the City’s public housing complexes. The Alexandria Redevelopment and Housing Authority will redevelop Glebe Park, James Bland and James Bland Addition. The two Bland projects will become a mixed-income community with 134 public housing units, 159 market-rate townhomes and 86 market-rate condominiums. Glebe Park redevelopment will begin in early 2009.

View looking east at the pier protection support for the Wilson Bridges. This structure will ensure that no vessels will strike the bascule span when traversing the Potomac River. (Courtesy photo)

Plans to redevelop the Landmark Mall/Van Dorn area in the City’s West End continued in earnest despite the lack of funds available for mall redevelopment. The second span of the new Woodrow Wilson Bridge opened in June and work continues on the Beltway exchanges. The price tag for the entire project is $2.5 billion. City Council approved several amendments to the Potomac Yard master plan, allowing the Yard’s owners to concentrate commercial and retail space in the proposed town center. City planners began discussions about the redevelopment of the Yard’s shopping center, which will continue next year.

Claire Eberwein, Chair ACPS School Board (Courtesy photo)

Alexandria’s political landscape changed in 2008 with the resignation of School Board Chair Claire Eberwein in June. There was a special election in July resulting in the election of Marc Williams to replace her. In December, Councilman Ludwig Gaines announced that he would not seek a third term in May but would focus on the creation of a foundation with his wife, Crystal.

Kerry Donley (Photo: Regan Kireilis)

Gaines’ announcement followed former mayor Kerry Donley’s announcement that he would not run for the Virginia House of Delegates but would instead run for City Council. Donley, who resigned as the athletic director at T. C. Williams to run for the seat currently held by Democrat Brian Moran, made the decision to run for City Council because “I think I can make a bigger contribution serving at the local level.”

VA Delegate Brian Moran Photo: Regan Kireilis

Also in December, Virginia House Democratic Caucus Chair Brian Moran surprised his constituents by resigning his seat in the House of Delegates. Moran, who is running for governor, decided to devote all of his efforts to that campaign. On December 16, Alexandria Democrats and Republicans chose their candidates for Moran’s House seat. Democrat Charniele Herring will face Republican Joe Murray in a special election on Jan. 13. City Council and School Board elections will be held in May and Virginia’s gubernatorial election will be held in November.

Alexandrianews.org asked City leaders to provide a list of the five most important events of 2008. Let us know what you think.

U.S. Representative Jim Moran

1. Obama winning the White House
2. Virginia going blue for the 1st time in 44 years in a Presidential election
3. Mark Warner beating Jim Gilmore
4. Passing legislation in the House to provide federal employees a sick leave benefit at retirement
5. Watching my son Patrick’s football games at Yale

Mayor Bill Euille

1. Presidential Candidate Barack Obama’s rally at T.C. Williams High School in February and His Ultimate National Victory in November
2. City’s Adoption of the Eco-City Charter
3. T.C. Williams Boys’ Basketball State AAA Championship
4. Inprovements to the King Street Waterfront and the Old Town Trolley Service
5. Projected Revenue Shortfall Due to Housing Credit Crisis

Councilman Paul Smedberg

1. Mirant Settlement
2. Norfolk Southern Opening a new Ethanol Transloading Facility on Van Dorn
3. Economic Downturn and its impact on the City
4. Appointment of Morton Sherman as School Superintendent
5. Brian Moran’s Resignation as State Delegate

Sheriff Dana Lawhorne

1. Publication of Annual Report– First one published in the Sherif’s Office since FY 1994
2. Creation of Public Affairs Unit
3. Creation of Community Liaison Program
4. Implementation of Project Lifesaver
5. Awards Ceremony recognizing the outstanding work of my staff

City Manager Jim Hartmann

1. National and regional economic problems impact City budget , services and development projects.
2. City settlement with Mirant and Eco City Plan.
3. Norfolk Southern/Ethanol case
4. City’s response to National Harbor opening. Waterfront improvements, Trolley, regional marketing, etc.
5. Washington Headquarters Service chooses to locate in Alexandria. 6400 jobs.

Police Chief David Baker

1. Russel shooting
2. Participating in providing security during the Pope’s visit to DC
3. Technology Advancements
4. President Elect Barack Obama’s visit to T.C. Williams
5. Larcenies from auto as a significant driver in the overall crime rate

The Alexandria City Council has authorized City Manager Jim Hartmann to sign an agreement terminating the City’s agreement with EarthLink to provide citywide wireless access. Under the original agreement made in December 2006, EarthLink would have invested $1.9 million in the initial capital deployment of the wireless network. Since then, EarthLink’s new Chief Executive officer eliminated the company’s municipal wireless division because of service and quality issues. After many delays, EarthLink eventually notified the City that it no longer intended to proceed with the wireless project in Alexandria.

To avoid the cost of litigation, the City negotiated an agreement with EarthLink, that includes the following terms: a one-time payment to the City of $100,000; the transfer of 50 of EarthLink’s unused wireless routers, and related equipment, totaling $120,000; and the termination of the original franchise and related right-of-way agreements, ensuring that neither the City nor EarthLink will make any further claims against the other. The City will receive total compensation of $220,000 in money and equipment and there will be no cost to the taxpayers.

Because of the new economics of installing a citywide wireless network, there are no current plans to proceed with a new franchise agreement with another company. However, the pilot wireless Alexandria coverage area along the lower King Street pedestrian corridor remains operational.

Initial investigation indicates there was an altercation inside the business that may have led to the shootings.

Anyone with information about this case is asked to call the Alexandria Police Department at 703.838.4711.

President Bush shakes The Rev. Pierce Klemmt’s hand after services (Photo: Shannon Finney)

Following a long-standing presidential tradition, President George W. Bush attended a service at  Christ   Church on Sunday, December 21.

President Bush; his wife, Laura; his brother, Marvin; his sister-in-law, Margaret, and Secretary of Education, Margaret Spellings sat in the historic George Washington pew. The Rev. Pierce Klemmt, rector of Christ Church, noted that President and Mrs. Bush were sitting in the same seats occupied by Franklin Delano Roosevelt and Winston Churchill on January 1, 1942 when they were at Christ Church to observe the World Day of Prayer for Peace. Rev. Klemmt thanked the President for his efforts toward the same.

Rev. Klemmt was pleased by the President’s visit saying, “We are honored to have the President and Mrs. Bush worship with us and to add their prayers to ours especially as we enter Christmas and the time when we think of other’s needs.”

(Story courtesy of: Christ Church, Alexandria, VA)

The independent investigators hired by City Council to look into the circumstances surrounding the city staff’s response to the establishment of Norfolk Southern Railway’s Ethanol Transloading Facility in Alexandria last April have reported.  Readers can find a link to the full report in our news story if they would like to peruse it for themselves.  While not an easy read, it shows what happens when a leaderless bureaucracy tries to deal with an issue from a belief in their own correctness rather then what the law and precedents say.

Norfolk Southern (NS) was very upfront.  They said in the summer of 2006 to the Mayor and City Manager that they were going to build the facility.  When city officials told them in the fall of 2006 to apply for a special use permit they replied that federal legislation pre-empted local control on railroad property.

For some strange reason this did not raise an alarm among the manager’s staff or with the city attorney.  NS is a railroad.  NS should know federal railroad legislation.  Instead our city attorney opined that they did need a special use permit.  Is he an expert in federal railroad legislation?  Obviously not given the outcome.  Did he consult experts in federal railroad legislation?  Not according to any document we have seen.

City staff, except for the Fire Department, seems to have ignored the situation.  They appeared convinced that a special use permit was needed.  That is ridiculous.  Are they experts in federal railroad legislation?  Obviously not given the outcome.

At the end of 2007 the Fire Department swung into high gear as the opening of the facility appeared to become a reality.  They wanted to be adequately prepared.  NS was working with them.  New equipment was needed.  The Fire Marshall actually knew that local control of railroad property was marginal at best.

The result, however, was that in January of 2008 the City Manager’s Office ordered the Fire Department to break off contact with NS.  What was the manager and his staff thinking?  Clearly not of the safety of the thousands of Alexandria’s citizens and others who live and work in close proximity to the site.  The Fire Department should have been encouraged to work closely with NS while the Manager’s staff and the City Attorney sorted out the legal issues.  If the facility was going to open,  the city and regional first responders needed to be adequately prepared.

As it turned out, NS was correct on the special use permit.  The City Attorney reversed himself in April of 2008 as the facility opened. Of course the first responders were not prepared.  Even worse, no one was told.

What is even more incredible is that no one on Council seems to have found out.  The city staff kept this more quiet then any national security operation in recent memory.  Even after operations at the site started in April, no staff member told a member of council what was going on.  Only the Mayor would have had a clue from his meetings two years earlier and he did not seem to recognize what it was.  If he did he certainly did not share it with anyone.

City Council Members who were on safety committees with staff were never sent minutes of meetings they did not attend where the facility was discussed.  Some excuse about Robert’s Rules of Order was offered.  That is absolute garbage.  That smells of incompetence or cover up.

This report does not paint a pretty picture.  It does not build confidence in the city’s ability to protect the average citizen.

City council has decided to review the report in a special closed meeting in January.  Normally we are against closed meetings and, indeed, opposed one in conjunction with having this study done in the first place.

Given the information reported in the study, however, there are so many failures on the part of so many city staff that personnel issues must be addressed and the proper place to address them is in a closed meeting.  The actions resulting, however, must be publicly reported.

The city attorney has already resigned.  More resignations and retirements should be forthcoming.  This was failure from the top down and there must be accountability if the credibility of the city staff is to be restored and if the citizens of Alexandria are to have confidence in their local government.

Moreover, the structure of the manager’s office staff needs to be addressed as well as policies and procedures.  It is abundantly clear that there was insufficient and, in some case, very poor guidance given to the line departments.  This was abundantly clear after NS began operations and there was a need to inform the public.

This is unacceptable in a city that prides itself as being well run.  No amount of self congratulation in which Alexandria excels will undo the failures here.  These failures must never be repeated.

Police were called to the 1500 block of Princess Street for reports of a burglary in progress. Upon arrival, officers discovered the victim suffering from a stab wound.  The victim was transported to a local hospital with non-life threatening injuries.

Anyone with information about this incident is asked to call the Criminal Investigations Section of the Alexandria Police Department at 703.838.4711.

Recreation Centers: On Wednesday, December 31, Alexandria recreation centers will be open from 9 a.m. to 6 p.m., except Chinquapin Recreation Center, which will be open from 6 a.m. to 3 p.m. All City of Alexandria recreation centers, including the Chinquapin Recreation Center, will be closed on Thursday, January 1.

Libraries: All Alexandria Library branches will be closed on Thursday, January 1.

Transit: Alexandria Transit Company’s DASH bus service will not operate on Thursday, January 1.

Refuse Collection: Residential trash and recycling will not be collected on Thursday, January 1 and all collections will be delayed until Friday, January 2.

Parking: The Alexandria Police Department will suspend enforcement of parking restrictions at metered spaces, as well as time restrictions in residential permit parking districts and other areas with signed parking time limits, on Thursday, January 1.

State Offices: The General District Court and Juvenile and Domestic Relations District Court will be closed on Wednesday, December 31; Thursday, January 1; and Friday, January 2. The DMV Office at 2681 Mill Road will be closed Thursday, January 1 and Friday, January 2. The Circuit Court will be closed on Thursday, January 1.

Health Facilities: The Alexandria Health Department (4480 King St.) and the Flora Krause Casey Health Center (1200 N. Howard St.) will be closed on Thursday, January 1 and Friday, January 2. The Adolescent Health Center (3701 W. Braddock Rd.) will be closed on Thursday, January 1.

Hotlines: All emergency hotlines operated by the Alexandria Office on Women operate 24 hours a day, 365 days a year, including the domestic violence hotline, 703.838.4911, and the sexual assault hotline, 703.683.7273.

Earlier Wrestling Results

Jefferson defeats TCW, 48-24 and Herndon downed the Titans, 445-28.  TC finished 8th out of 10 teams at the Raider Rumble last week at Stuart.

Alexandria’s Water Treatment Plant. (Photo: Regan Kireilis)

After years of negotiation and months of court delays, the Alexandria Sanitation Authority has taken ownership of a ten-acre parcel of land adjacent to the facility through imminent domain.

ASA acquired  the Hooff’s Run property by filing a certificate of take with the Alexandria Circuit Court and paid the appraised value of $20.4 million to the court on December 29. The Circuit Court will determine the final amount of compensation to be paid by ASA at a trial to be scheduled next year.

Under the action, ASA took immediate title and possession of the land that it will use to expand its current facility to meet new Virginia environmental regulations regarding nutrient removal designed to help restore the health of the Chesapeake Bay. The design of the new facility will begin immediately. The acquisition came after years of failed negotiations with the previous owner, Hooff Fagelson Tract LLC.

“ASA took this important action today because any further delay in acquiring the land was not in the best interests of the City of Alexandria, its citizens, and the health of the Potomac and Chesapeake Bay,” said ASA Board Chairman Ed Semonian.

After extensive research, ASA analyzed all the surrounding properties and concluded that only the Hooff Fagelson site met all of its needs and would have the least impact on the surrounding area – both for the present and the future. In March 2008, both the City of Alexandria Planning Commission and City Council voted unanimously to amend the Master Plan to allow for the proposed plant expansion.

“We have to begin the design planning process immediately, as well as apply for special use permits from the City to meet the 2011 deadline. We could do neither unless we had actual title to the land; hence our legal action today,” ASA General Manager Karen Pallansch said.

The Chesapeake Bay Act requires compliance with new environmental regulations regarding the removal of certain nutrients from the bay watershed by 2011.

Bernie Fagelson and three partners acquired the property more than 50 years ago when it was created due to the construction of the Capital Beltway. Much of the property is in a Resource Protection Area and cannot be developed but the remainder is prime land that could be a gateway to Alexandria.

“We have acted and negotiated in good faith throughout and offered the other party a fair price for the land based on appraisals from valuation experts,” said Semonian.

But one of the former property owners, Charles Hooff, disagreed with that statement in an earlier interview. “I had a contract on the property last year for $42.5 million with escalation clauses to $50 million under certain circumstances,” Hooff said.

Pallansch said that further delay is unacceptable. “It would be detrimental to the environmental health of the Bay and the Potomac and to the future growth and economic health of the City of Alexandria,” she concluded.

On Dec. 13, the Alexandria City Council received the independent report on city staff response to the Norfolk-Southern decision to locate an ethanol transloading facility at the Van Dorn yards and have scheduled a closed session to discuss the findings.

Council ordered the review in October and appointed a “committee of inquiry” to oversee the hiring of independent reviewers. Vice Mayor Redella S. “Del” Pepper and Councilman Ludwig Gaines co-chaired that committee. The reviewers, Steven Jansen and David LaBahn, former prosecutors with more than 30 years of legal experience, conducted interviews and reviewed documents regarding staff’s actions and inactions related to the ethanol transloading facility. The cost of the review was $29,500.

On June 20m, 2006, Norfolk-Southern staff met with Alexandria Mayor Bill Euille to discuss a proposal to locate an ethanol transloading facility at the company’s Van Dorn property. “From that point to the time that Council was notified that the facility was open and functioning, there were six different points at which a member of the staff could have and should have notified members of City Council that Norfolk-Southern was moving forward with the facility despite objections from the mayor,” Jansen said at the Dec. 13, Council meeting.

According to the report, Euille referred the matter to the City Manager and indicated that it should be on the agenda for the mayor/manager weekly meetings. In August, 20006, City Attorney Ignacio Pessoa wrote to Norfolk-Southern expressing the City’s objection to the location of an ethanol transloading facility at the Van Dorn location. Norfolk-Southern wrote letters in September, 2006 and November, 2006, indicating that, despite these objections, the company was proceeding with their plans and that construction would begin soon after Thanksgiving and be completed in January, 2007.

“This should have created some urgency due to the pending construction and ethanol transloading activity. Instead, Planning and Zoning continued to wait for Norfolk-Southern’s Special Use Permit request,” Jansen said.

In November, 2007, Norfolk-Southern invited members of the Fire Marshal’s office to the Van Dorn facility to discuss the proposed use. At that time, the Fire Marshal’s office prepared a memo, which was distributed to “fire operations, code enforcement, emergency management, planning and zoning, transportation and environmental services and city manager’s office. Even with this wide distribution, the memo fails to be presented to Council; especially considering it contained an opinion that the City had no code enforcement authority,” the report said.

On Jan. 16, the city manager called a meeting of department heads and other critical staff related to the matter. Prior to this meeting, the city manager’s office directed the fire marshal’s office to cease all contact with Norfolk-Southern. At the Jan. 16, meeting, the manager’s office designated the City’s Attorney’s office and Planning and Zoning as the lead agencies. “During the meeting there was some discussion about drafting a memo to Council and a letter to Norfolk-Southern; however, the city manager’s office directive to the fire department ceasing all communication with Norfolk-Southern was not properly addressed,” the report said.

Until April 4, 2008, the City Attorney maintained the legal opinion that Norfolk-Southern must apply for a Special Use Permit to operate the facility. After reviewing the Surface Transportation Board’s Feb. 1, ruling, he changed his legal opinion, “leaving the city without a pre-emptive legal strike…The changed legal opinion is the fifth failed opportunity to notify Council and the community,” the report said.

Despite the fact that the facility began operating on April 9, that developers of the Victory Center were notified of the facility’s existence on May 3 and two members of Council requesting information on the presence of tankers at the Van Dorn Yard on May 12, it was not until May 15, that a memorandum was prepared notifying Council of the existence of the transloading facility in the City.

“Since the release of information to Council and the community, both City Manager Hartmann and City Attorney Pessoa have acknowledged numerous delays and mistakes in the notice of the planning and opening of the ethanol transloading facility at the Van ?Dorn Yard. This review allowed members of the city staff and the community, some for the first time, to be asked for and provide information. Staff members were given assurances of confidentiality and many willingly discussed their actions and inactions surrounding the issue.

“While the subject of this review is the actions and inactions of city staff, it must be noted that Norfolk-Southern never contacted the mayor again until after the facility was fully operational. Further, Norfolk-Southern was aware that the City had not done a fire marshal or code inspection prior to them beginning the transloading process and failed to conduct any community outreach,” the report said.

The reviewers provided six recommendations to ensure that no such breakdown in communications occurs in the future. Those recommendations are: establish clear guidelines and policies for the documentation and reporting on meetings with businesses or constituents; establish a policy for the handling of special issues or projects that should be assigned to a designated point person or agency; the City Attorney’s Office and the City Manager’s office should develop procedures regarding timely legal opinions or advice to other commissions, committees and departments; the City Manager’s office needs to establish clearer accountability procedures and responsibilities for agency liaisons; the City Manager’s office should review the staffing needs of each agency to adequately address workload needs versus the number of developing crucial issues throughout the city and establish policy and procedures to ensure that the city will take the lead in community outreach and notification of critical information.

Next Steps

“The good news is that the failures are so clear it should be easy to correct them,” said Councilman Tim Lovain. “This is an excellent report and I appreciate the work of the reviewers and of the committee, particularly of Vice Mayor Pepper and Councilman Gaines.”

Councilman Paul Smedberg suggested holding a closed meeting to discuss the matter further. “There is a lot to consider here and I believe we should hold a closed meeting to discuss the personnel issues here,” he said. “I want to take some time to read the report thoroughly and am certain that I will have additional questions for the reviewers.”

Council agreed to hold that closed meeting in early January.