County Board

Former Waste Contractor: County Used ‘Cronyism’ to Award New Contract

By Ethan Rothstein

KMG Hauling waste truck(Updated at 11:15 a.m.) Arlington County is being accused of “cronyism” and “underhanded tactics” in its attempt to award a contract for garbage, recycling and yard waste collection.

Bates Trucking — which was contracted for all of the county’s curbside recycling pickup and half of its trash pickup until the contract expired yesterday — is in the process of suing the county to prevent it from awarding all of its waste pickup to American Disposal. KMG Hauling, which also sued the county last month, handled the other half of the county’s trash collection.

The county has delayed its recently-approved year-round yard waste pickup program in light of the lawsuit. It canceled its one-year contract with American Disposal, but awarded the company an emergency services contract, for garbage and recycling pickup only, which took effect today.

Bates claims that its proposed contract was the best value and would have saved taxpayers money.

According to a Bates Trucking press release, the county’s now-canceled collection contract with American Disposal would have cost $15 million more over a period of 9 years than that offered by Bates, thanks in large part to Bates offering $9.45 million worth of free recycling processing.

Despite the unsubstantiated claim of “cronyism” in the press release, Bates said its lawsuit has merit and it hopes to continue serving Arlington residents.

“Our protest is not sour grapes or frivolous,” Bates Trucking President Bruce Bates said in the release. “Both incumbent companies are long time vendors for the residents of Arlington County. We have some real concerns over the practices that are being used to ‘usher in’ American Disposal Services, who has higher prices and less experience. Both Bates and KMG are local firms that have provided outstanding service to the residents of Arlington County. Bates wants to understand why we are being bullied and pushed out of the back door.”

The county has declined comment on Bates’ release or lawsuit. It did, however, release the terms of its emergency contract with American, which will reduce Arlington residents’ yearly solid waste disposal costs from $307.04 to $271.04 per year, until a full contract has been re-bid and approved. The Arlington County Board will vote at its meeting this month to reduce the solid waste allocation for FY 2015 by more than $1.1 million as a result.

According to Bates Chief Business Development Officer Willie Wainer, Bates has requested an injunction against the emergency contract, saying the county never put it out to bid as required by law.

“The county had the option, which was the most logical, to keep us in place since we knew the routes and knew the customers until they put a new bid or [request for proposals] on the street,” Wainer told ARLnow.com, “but they decided not to do so and gave American an emergency contract.”

Bates has been conducting trash and recycling pickup in Arlington for 17 years, Wainer said. It expects to put in another bid when Arlington re-issues the request for year-round collection. One anonymous ARLnow.com reader, in the comment section of the initial story on the lawsuit, says he was pleased with the former waste collection service.

“I can say without hesitation that the present garbage removal contractor does a fantastic job and I have to give them 100% marks in any assessment,” said “Bob,” who claims to be a Donaldson Run resident. “The county needs to issue a clarification as to why they have decided to change the garbage removal contractor and what cost competitive procurement process has been followed in selecting the new one.”

Wainer expects the injunction request to be heard in Arlington Circuit Court, where Bates and KMG filed their initial suits, within two weeks.

Photo via KMG Hauling

Arlington to Delay Yard Waste Collection Amid Lawsuits

By Ethan Rothstein

KMG Hauling waste truckArlington County will not roll out year-round yard waste collection next month as it had planned because it is being sued.

KMG Hauling and Bates Trucking have filed separate lawsuits against the county in Arlington Circuit Court “over denial of contract,” according to county spokeswoman Mary Curtius. Bates filed its lawsuit June 3 and KMG filed its own on June 18, according to court records, and both are scheduled for a pretrial motion hearing tomorrow at 10:00 a.m.

The county announced today that the delivery of green yard waste cans, which was expected in August or September, has been postponed, as has the ban on placing yard waste in plastic bags on the curb. Trash and recycling pickup service will continue uninterrupted.

“We regret any inconvenience caused by the delay in rolling out this new service,” County Manager Barbara Donnellan said in a press release. “The County is working hard to resolve the contractual issues with our residents in mind. We are committed to bringing year-round yard waste collection to our residents as soon as possible.”

The Arlington County Board passed an emergency ordinance yesterday reducing the quarterly waste fee for residents by $9 to account for the lack of yard waste service, the release said. The waste fees will be reinstated with yard waste collection.

The county awarded the contract for year-round yard waste collection to American Disposal, Curtius said. KMG and Bates already hold a current waste contract with the county, but Curtius said because of the pending litigation, the county could not confirm which services they currently perform.

Photo via KMG Hauling

Elementary PTA Decries APS Waffling on New Middle School

By ARLnow.com

Arlington County school busesSome north Arlington elementary school parents are asking the County Board to spur the Arlington School Board to action on a new middle school.

The Jamestown Elementary PTA wrote to County Board Chair Jay Fisette on Monday, asking him to work with the School Board on a middle school construction plan as part of the County Board’s 2015-2024 Capital Improvement Plan.

The PTA is peeved that APS waffled in its recently-passed CIP, punting a decision on the location for a new middle school to December and only including planning funds instead of construction funds. It comes at a time when the county’s student population — especially on the elementary level — is burgeoning, thanks to more young families moving to or staying in Arlington to raise their kids.

If a new middle school is not built soon, current kindergarteners could enter middle school in 2020 at a time when Arlington middle schools are over capacity by more than 1,000 students, with most of the overcrowding focused in north Arlington, the PTA said.

“The proposed CIP can only be regarded as an APS plan knowingly to overcrowd Williamsburg and other middle schools in north Arlington and degrade the learning environment for thousands of the county’s middle school students,” Jamestown PTA president Thomas Jensen wrote.

The School Board has eyed both the Wilson School site in Rosslyn and the building that currently houses the H-B Woodlawn Secondary Program as possible locations for a new 1,300 seat middle school. Both proposals have met community criticism.

The Wilson School and H-B Woodlawn options are still on the table, according to a school spokesman, and the School Board says it will make a decision no later than Dec. 31. But the PTA wants more decisive action and planning.

“Lack of unanimity about use of the Wilson site is not an adequate reason to allow Williamsburg and other middle schools to become even more overcrowded,” Jensen wrote.

The full letter, after the jump.

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Morning Notes

By ARLnow.com

Sunset Paddle (Flickr pool photo by David Bender)

Board Members Spar Over Streetcar PR Funds — Of the $7-8 million contract with Parsons Transportation Group to serve as project manager of Arlington’s streetcar system, up to $650,000 will be spent on “public-education efforts during the first year of the contract.” That isn’t sitting well with Board member and streetcar critic Libby Garvey. “We should not be wasting $650,000 on PR,” she is quoted as saying. [InsideNova]

DJ Pleads Guilty to Assaulting Women — DJ Joey Flash, who counts A-Town Bar and Grill in Ballston among his former clients, has pleaded guilty to charges of rape and sexual battery. The nightlife fixture, whose real name is Joseph Rivera, admitted to bringing highly intoxicated women back from bars, having sex with them while they were unconscious, and filming the encounters. [Washington Post]

Capital Bikeshare Runs Out of Membership Keys — Anyone wanting to sign up for Capital Bikeshare will have to wait until the second week of July. CaBi says it has run out of membership keys “due to issues with our supplier, and heavier than anticipated member sign ups.” [DCist]

Animal Hospital Coming to Shirlington — Two veterinarians will be opening a new facility, Shirlington Animal Hospital, this fall at 2770 S. Arlington Mill Drive. [Shirlington Village Blog Spot]

Sinclair Hoping to Close on WJLA Sale Soon — Sinclair Broadcast Group, which is buying Rosslyn-based TV station WJLA (ABC 7), is hoping to close on the sale by July 27. The company is selling TV stations in Harrisburg, Pa. and Charleson, S.C. to facilitate FCC approval of the acquisition of WJLA and six other Allbritton Communications stations. [Arkansas Business]

Flickr pool photo by David Bender

Morning Notes

By ARLnow.com

Yorktown High School graduation 2014 (Flickr pool photo by Wolfkann)

Board to Consider Sign for Rosslyn Skyscraper — The Arlington County Board next month will consider lifting a prohibition on rooftop signs on two new Rosslyn office towers. The action would potentially allow the JBG Cos. to begin work on its Central Place office tower, which is expected to be anchored by the Corporate Executive Board. [Washington Business Journal]

Fisette Asks for Alternative Streetcar Funding Plan — Federal funding is currently expected to pay for half of Arlington’s $287 million share of the Columbia Pike streetcar system’s costs. But federal funding is not guaranteed and, at last night’s Capital Improvement Plan work session, County Board Chair Jay Fisette asked Arlington Director of Transportation Dennis Leach to work on an alternate streetcar funding plan that does not use federal dollars or county funds from residential taxpayers. [Mobility Lab]

Green Party Endorses Vihstadt Again — The Arlington Green Party, which endorsed independent County Board candidate John Vihstadt in this spring’s special election, has announced that it will endorse him again in November’s general election. [InsideNova]

UberX Lowers Fares — Two weeks after Virginia started cracking down on ridesharing services, UberX — the service where regular people drive you around in their personal cars — has lowered its fares in the D.C. area by 25 percent. The new fares are significantly lower than comparable cab fares, the company says. [InTheCapital]

Flickr pool photo by Wolfkann

Board Reverses Non-Resident Surcharge Hike for Sports Programs

By Morgan Fecto

County Board member Libby Garvey._Garvey croppedThe Arlington County Board voted Tuesday to reverse an increase in the non-resident surcharge for participants of county-subsidized competitive gymnastics and swim teams.

The Board’s FY 2015 budget called for its non-resident surcharge to increase 50 percent. That would have significantly raised annual fees for three clubs: Arlington Aerials, the Arlington Tigers and the Arlington Aquatics Club.

Vocal protests from the teams and impassioned speeches from the youth team members at Tuesday’s Board meeting led the Board to reverse course and even reject a compromise endorsed by county staff. The Board rejected their April decision by a 3-1 vote, and also rejected County Manager Barbara Donnellan’s revised recommendation to reduce the fee increase to 30 percent.

Libby Garvey cast the lone opposing vote, saying that she supported Donnellan’s compromise, while Walter Tejada abstained. Those voting in favor of eliminating the surcharge increase said they weren’t comfortable with the lack of county dialogue with the teams prior to approval of the increase.

The surcharge will now remain at the current rate of roughly 20 percent more for out-of-county participants.

Arlington County Sports Commission Chair Craig EsherickWhile team members and parents applauded the Board’s decision, Board members questioned whether the county government should be supporting competitive teams in the first place. County staff told the Board that team fees aren’t sufficient to pay for county costs after all facility costs are factored in.

The gymnastics programs utilize the Barcroft Sports and Fitness Center, which is billed by the county as “home to Arlington’s largest gymnastics training center.”

According to Susan Kalish of Arlington’s Department of Parks and Recreation, the overall cost to operate the Arlington Aerials and Arlington Tigers is $473,201, with $221,600 in revenue from the 69 non-resident gymnasts and  $256,250 from the 100 resident gymnasts. Total revenue, at $477,850, slightly exceeds team operating costs, but doesn’t account for the $633,000 in annual facility operating costs at Barcroft.

“The whole issue of us sponsoring elite teams for folks that don’t live in Arlington… does make me really uncomfortable,” Garvey said. “I have to serve Arlington.”

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No Streetcar Referendum, Says County Board Majority

By ARLnow.com

County Board 2014 budget hearingThere will be no voter referendum on Arlington’s streetcar system, said a majority of Arlington County Board members in a coordinated PR blitz Tuesday afternoon.

County Board Chairman Jay Fisette, Mary Hynes and Walter Tejada all read statements at Tuesday’s County Board meeting, stating opposition to a referendum on the streetcar and giving reasons why they support the $585 million project.

The Board members said they oppose using general obligation bonds to build the streetcar lines on Columbia Pike and in Crystal City. Rather, they expect to fund the streetcar with a mix of federal and state funds and with transportation-designated local business tax revenue.

“After careful consideration, I have come to the conclusion that I do not support a referendum on streetcar,” Fisette said in his statement. “Under Virginia law… a referendum question must be tied to a vote on General Obligation bonds — and it is my commitment that we will use zero homeowner-financed general obligation bonds to build the streetcar.”

Rendering of a streetcar along Columbia Pike“I will walk away from the project rather than violate that pledge,” Fisette continued.

(About $71 million of the expense will be shared with Fairfax County, since the Pike streetcar will extend to Skyline.)

Fisette also ruled out waiting for Virginia General Assembly authorization to hold an advisory referendum.

“The time has come to act, to move forward without delay to build a streetcar system,” Fisette said.

Hynes, meanwhile, refuted arguments that the streetcar will take money away from other community needs, like schools. She and Tejada cited a study that suggests the streetcar will generate $735 million in new take revenue, thanks to added development along the streetcar line, over a 30 year period.

Tejada said he only supported the Columbia Pike streetcar after the county put plans in place to retain 6,200 units of affordable housing along the Pike while adding 14,000 new residences.

“There are better ways than a referendum to address concerns people have about this project,” said Tejada.

The coordinated statements from Fisette, Hynes and Tejada were accompanied by pro-streetcar materials generated by county staff. Among them were a press release (below, after the jump) and a series of 30-second video commercials explaining reasons why the county is building the streetcar, including:

“The County needs to do a better job of communicating the clear benefits of the modern streetcar, and we will do better,” Fisette said in his statement. “I would ask Arlington residents to study and learn about the issue — to go beyond the sound bites and give the matter the full consideration that this community always gives important issues.”

Apparently no one communicated anything about the referendum statements to Board members Libby Garvey and John Vihstadt. Garvey and Vihstadt, who oppose the streetcar and advocate instead for enhanced bus service, both expressed surprise at the statements.

“Reasonable people… can differ about whether to hold a referendum, and whether the streetcar itself is worthwhile,” said Vihstadt, who then spoke of his reelection in the fall. “Fortunately there are other ways that the voters are able to express themselves on this issue, including elections in which candidates stand for office. There will be another such opportunity in November and the people look forward to it.”

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Morning Notes

By ARLnow.com

Rooftop view of Crystal City (photo courtesy @rydaka)

Politico to Stay in Rosslyn — The Capitol Hill publication Politico has been looking for new office space, but will keep its home at 1100 Wilson Blvd in Rosslyn after all, according to an internal memo. Politico’s owner, Allbritton Communications, said last year that it plans to use proceeds from the sale of its Rosslyn-based TV station WJLA (ABC 7) to fund an expansion of Politico. [Fishbowl DC]

Woodstock Park Improvements Approved — The Arlington County Board has unanimously approved a $644,127 contract to construct improvements to Woodstock Park, including a new basketball court and playground. [Arlington County]

Ray’s, Heavy Seas Makes Burger List — Two Arlington eateries are among the D.C. area’s ten hottest places for burgers, according to online food publication Eater. Rosslyn’s relatively new Heavy Seas Alehouse is No. 5 while Ray’s to the Third, also in Rosslyn, is No. 7. [Eater]

A Very Arlington Tweet — Was it the “Arlington-est tweet ever” when Bike Arlington tweeted today that “it’s flip-flop commuting weather?” [Twitter]

Photo courtesy @rydaka

A-Town Faces Grilling on Permit Renewal

By ARLnow.com

A-Town Bar and Grill logoUpdate at 12:00 a.m. — Following a half hour of public comments both for and against A-Town, and some tongue lashings from Board members, the Arlington County Board voted Tuesday night to renew A-Town’s live entertainment permit for three months, as recommended by county staff..

Earlier: A-Town Bar and Grill is facing scrutiny over noise and crime as it seeks to renew its live entertainment permit tonight (Tuesday).

The restaurant, located at 4100 N. Fairfax Drive in Ballston, has been drawing the ire of neighbors who complain about loud, drunken patrons. It’s also the subject of an investigation by Arlington County police and the Virginia Dept. of Alcoholic Beverage Control (ABC), over a violent episode at an employee-only party on Feb. 12.

“The Arlington Police Department considers A-Town to be the most troublesome establishment in Ballston,” according to a report by county staff.

The Arlington County Board will decide tonight whether to  renew A-Town’s live entertainment and dancing permit. County staff is recommending that it be renewed for three months, with additional restrictions on the establishment’s outdoor cafe area.

A-Town Bar and GrillNoise, especially from the outdoor patio but also from those leaving the establishment, is a primary concern of residents of nearby condominiums.

“Late night disturbances make it an unpleasant community experience and thus directly impact the value of all our homes,” said Roger Lindberg, president of the condominium association for the nearby Berkeley building, in December. “Late night outdoor partying even on weekends, is not a reasonable expectation of any homeowner.”

To help combat that, A-Town has voluntarily agreed to close the patio at 9:00 p.m. on Sundays, 10:00 p.m. Monday through Thursday, and at midnight on Fridays and Saturdays. Previously, the restaurant had only agreed to close the outdoor bar early — at 10:00 p.m. Sunday to Thursday and 11:00 p.m. Friday and Saturday. Those provisions will be overwritten by the new patio closing times.

County staff noted that noise complaints to the police department declined from 25 between August and November, 2013, to nine between January and April, 2014. However, staff opined that “the long unusually cold winter (when the outdoor patio was not used and patrons refrained from lingering outside the establishment) may be at least partially responsible for a decline in noise-related calls.”

Non-noise police calls to A-Town declined by one — from 25 to 24 — during the same period. The 24 non-noise calls from January to April included four calls for fights, one for an assault, and one for a stabbing (the Feb. 12 incident). Separately, there were eight arrests for Driving Under the Influence (DUI) from January to April where the suspect reported coming from A-Town, according to county staff.

County staff says that A-Town should remain on thin ice even should the live entertainment permit be renewed.

“Staff recommends a three month County Board review in order to monitor progress with these issues, and if there is no substantial reduction in the number of police calls or reduction in the evidence of over serving patrons, staff is not likely to recommend renewal of the use permit for live entertainment and dancing,” the staff report says.

A-Town is facing possible disciplinary action from Virginia ABC pending the outcome of the Feb. 12 malicious wounding case. After the incident an ABC agent “issued an administrative charge to A-Town stating that ‘[t]he Licensee has failed to take reasonable measures to prevent the licensed premises… from becoming a place where patrons of the establishment commit criminal violations… and such violations lead to arrests that are so frequent and serious as to be reasonably deemed… a continuing threat to public safety.'”

The disciplinary action could range from a fine to suspension or revocation of its beer, wine and liquor license.

UPDATED: County Board Approves Major Rosslyn Development

By ARLnow.com
1/10

(Updated at 2:55 p.m.) The Arlington County Board unanimously approved a major redevelopment in Rosslyn at its meeting Saturday morning.

The Board voted 5-0 in favor of a proposal by Monday Properties to tear down two aging 1960s-era office buildings, at 1401 Wilson Blvd and 1400 Key Blvd, and replace them with a new office tower, a new residential building, and public gardens.

Also set to be demolished is the buildings’ parking garage, in which Washington Post reporter Bob Woodward met a source dubbed “Deep Throat,” who passed on information that helped exposed the Watergate scandal. The scandal helped to topple the presidency of Richard Nixon in 1974. Monday plans to build a “commemorative monument regarding the Watergate scandal” as a community benefit of the project.

The 24-story office building planned for the site will include 513,004 square feet of office space and 11,131 square feet of ground floor retail. The 28-story residential building, located above what is now a Gold’s Gym, will contain 274 multi-family dwellings and a 44,409 square foot grocery store.

Together, the buildings will share 816 vehicle parking spots and 161 bicycle parking spots in a six-level, below-grade parking garage.

In addition to the buildings, Monday’s plans include a publicly accessible plaza with landscaped gardens, water features, outdoor dining and seating, a bocce court, “interactive play features” and a pedestrian connection from the corner of 18th Street and N. Oak Street to N. Nash Street.

Other community benefits offered by Monday Properties include:

  • $7.8 million cash contribution to the county’s affordable housing fund, to be used for affordable housing in Rosslyn (no dedicated affordable housing will be offered in the residential building)
  • $5.7 million for transportation improvements
  • $3.1 million for Rosslyn-area park improvements
  • $1.1 million for a transportation demand management program
  • $1.1 million for reconstruction of the N. Nash Street skywalk
  • $750,000 for public art
  • $50,000 for a new Capital Bikeshare station in Rosslyn
  • Streetscape improvements
  • Bicycle lane improvements
  • Removal of the N. Nash Street slip lane
  • Installation of multi-space parking meters
  • LEED Platinum sustainability certification for the office building
  • LEED Silver sustainability certification for the residential building

“This redevelopment is a key part of our efforts to transform Rosslyn into a world-class downtown,” Arlington County Board Chair Jay Fisette said in a statement following the vote. “It will bring a much-needed full-service grocery store, a beautiful public space with interactive play features, and 274 residential units to the heart of Rosslyn.”

“This redevelopment epitomizes Monday Properties’ commitment to creating a sustainable and dynamic 24-hour business and residential community in Rosslyn,” Monday Properties co-president Tim Helmig said in the statement. “We believe that our plan for the block will be the catalyst for economic development and job growth. It could generate the critical mass that will attract businesses and the talented people who want to live within walking distance from their jobs.”

There’s no official word yet on a timeframe for the demolition and construction, but one source told ARLnow.com that it may be about three years before demolition could start due to lease provisions with existing office tenants.

W&OD Trestle Could Get Historic Designation

By Ethan Rothstein

Workers tear down part of The W&OD trestle in East Falls Church(Updated at 3:50 p.m.) The remaining section of the coal trestle from the old Washington & Old Dominion Railroad in East Falls Church could be given a historic district designation by Arlington County.

The trestle was partly on the property controlled by the NOVA Parks (formerly the Northern Virginia Regional Park Authority), and partly on 6873 Lee Highway, a plot of land owned by Robert Shreve Fuel Company, which demolished its section of the trestle last week to make room for a storage facility.

The County Board is scheduled to vote on whether to advertise public hearings on the trestle’s historic designation this coming Tuesday.

The staff report for the agenda item reveals that county staff “learned of the demolition as it was taking place the morning of June 5,” but discovered that Shreve Fuel did not require permits to conduction the work.

The county’s Historic Affairs and Landmark Review Board (HALRB) determined that the trestle was suitable for historic designation because it met four criteria:

  • The property has character, interest, or value as part of the development, heritage, or cultural characteristics of the county, state, or nation;
  • The property has a distinctive location, or singular physical characteristics that make it an established or familiar visual feature;
  • The property is a particularly fine or unique example of a utilitarian structure representing a period or style in the commercial, industrial, or agricultural development of the county, with a high level of historic integrity or architectural significance; and
  • The property is suitable for preservation or restoration.

The demolition took place following a May 21, 2014 meeting in which the HALRB voted in favor of a historic designation for the trestle.

Shreve Fuel agreed to give NOVA Parks the segment of track from the old railroad that was on top of the trestle for future “interpretation.” According to NOVA Parks Executive Director Paul Gilbert, about 75 percent of the trestle still stands and is on NOVA Parks land.

“Benjamin Elliott’s Coal Trestle retains sufficient historic, cultural, and physical integrity to be designated as a local historic district by Arlington County,” the staff report states. “Benjamin Elliott’s Coal Trestle was built in 1926 in the East Falls Church neighborhood. The utilitarian structure reflects the former industrial and commercial landscape that existed in the neighborhood. Such small-scale commercial coal trestles were instrumental in the processing of coal for local delivery to residences and businesses. This coal trestle is a visual reminder of a critical early-20th century energy infrastructure that fueled the electrification and development of Arlington County and the region. There are no other coal trestles extant within the County.”

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