state legislature

Morning Notes

By ARLnow.com

Local Crossing Guard Honored — “Zeleke Taffesse, a crossing guard serving Taylor Elementary School in Arlington, was one of four crossing guards statewide named tops in their field as part of the Feb. 10-14 commemoration of Crossing Guard Appreciation Week.” [InsideNova, Twitter]

Inexpensive Condos Still Exist in Arlington — “There are still some bargains to be had in Arlington, particularly if you’re willing to downsize to an older condo. For example, Unit 49 in the Lorcom House Condo at 4401 Lee Hwy. in North Arlington is priced at $225,000. The monthly condo fee of $552 includes all utilities as well as trash and snow removal.” [Washington Post]

Hope’s Instant Runoff Bill Advancing — “A proposal that would allow, though not require, Arlington to elect its County Board members by ‘instant-runoff’ (also known as ‘ranked-choice’) voting has cleared its first hurdle in Richmond, but still faces an uncertain future. The measure, by Del. Patrick Hope (D-Arlington), won passage in the House of Delegates on a 68-30 vote and was forwarded across the hall for consideration by the state Senate.” [InsideNova]

Beyer Holds ‘Real ID’ Event — “Congressman Don Beyer partnered with the Virginia Department of Motor Vehicles (DMV) Saturday to host a REAL ID application event for constituents of the 8th District at Wakefield High School in Arlington… Beginning October 1, 2020, U.S. residents who want to board a domestic flight or enter a secure federal facility using their state-issued driver’s license or ID as identification must have a version of the credential that is REAL ID compliant.” [Press Release]

Morning Notes

By ARLnow.com

Amazon Buys Pentagon City Site — “Amazon.com Inc. has quietly purchased the 6.2-acre Pentagon City site where its first pair of HQ2 towers will be built. Acorn Development LLC, an Amazon subsidiary that is often listed when the company files for permits or makes land acquisitions, purchased the Metropolitan Park site on Jan. 15 from JBG Smith Properties (NYSE: JBGS) for $154.95 million, according to Arlington County records.” [Washington Business Journal]

Waverly Hills is Hot — “‘Hot’ is a subjective term in any context, including real estate. While it’s possible to measure the number of sales, price increases and how quickly homes sell, what draws one buyer doesn’t always appeal to other buyers.
According to Redfin real estate brokerage, Willowsford in Ashburn, Va., and Waverly Hills in Arlington are the No. 1 and No. 5 hottest neighborhoods in the country.” [Washington Post]

Next Step for GMU Expansion — “University officials released a request for proposals Tuesday, looking for developers interested in teaming up with Mason to build a new home for the Institute of Digital Innovation on its Virginia Square property. The building is set to include a mix of uses across its 460,000 square feet, with room for classes and research labs alongside space for companies big and small looking to partner with the university.” [Washington Business Journal]

High Water Bill Saga Continues — Residents are still seeking answers to the recent spate of high water bills, even though it appears that the drought — and outdoor irrigation — during that time period is to blame. The COO of Arlington’s Dept. of Environmental Services “said about 3,900 people, 11 percent of the county’s residential customers, had their bills double. He said during the 2016 drought that number was about 2,000 to 2,500 people.” [WUSA 9]

Macy’s to Close Stores — Facing major retail headwinds, Macy’s is planning to close 125 of its stores, nearly a fifth of all of its current stores, over the next three years. So far the exact location of most of the closures have not been announced. There are two Macy’s stores in Arlington, at mall in Pentagon City and Ballston. [Wall Street Journal]

Va. Lawmakers Considering Stronger SLAPP Law — “Many states have enacted tough laws making it harder to get away with so-called SLAPP suits: nuisance litigation designed to bury its targets in paperwork and fees. Virginia, however, is considered friendlier to those kinds of filings, and some experts and advocates say that has become a problem.” [Washingtonian]

Morning Notes

By ARLnow.com

Cristol Reacts to Lawmaker’s Arlington Suggestion — After another Republican state Senator suggested, jokingly, that Arlington and Alexandria go back to being part of D.C., Arlington’s state lawmakers and County Board member Katie Cristol were not amused. Cristol tweeted: “Hmmm, is it possible their grievance is that my diverse, progressive constituents are EXACTLY what it means to be a ‘Real Virginian’ in 2020?” [Twitter, Blue Virginia]

More on Planned Pentagon City Study — “County staff have been overwhelmed by a flood of new development applications in the area since Amazon announced its intentions to set up its second headquarters. And the sizes of some of those projects have been so large that staff have begun urging developers to be patient and wait for a revision of the area’s planning documents before pursuing them.” [Washington Business Journal]

Arlington Man Struck, Killed by Driver — “A 29-year-old man from Arlington, Virginia, died early Saturday morning after being hit by a dark-colored SUV on Industrial Road near Backlick Road in Springfield. David Velasquez was walking in the right lane of Industrial Road at about 1 a.m. when he was hit by the driver, who did not stop, Fairfax County police.” [WTOP]

‘We Will Buy Your Tech Business’ Signs — “There are mysterious signs all over Ballston saying ‘We will buy your tech business…’ [A person who returned our call] said they’re just interested in talking to people looking to sell their business and are not interested in being the subject of a news story.” [Twitter]

W-L, Yorktown Face Off on Hard Court — “There was a double feature of nail-biting thrillers the evening of Jan. 30 in a packed and loud Washington-Liberty High School gymnasium. That’s where the Yorktown Patriots and Washington-Liberty Generals met in all-Arlington girls and boys varsity basketball games with close finishes. The Yorktown girls won in overtime, 53-50. Then, in the nightcap, the W-L boys won, 65-63, on a last second-shot in the Liberty District high-school contests.” [InsideNova]

Minor Apartment Fire — Arlington County firefighters responded to a small cooking fire in an apartment near Courthouse on Saturday. No one was hurt and only minor damage was reported, although the apartment did fill with smoke. [Twitter]

Gymboree at Pentagon City Mall — “A popular children’s clothing retailer that closed all of its stores a year ago is taking steps to re-enter the marketplace. Officials with Gymboree this week announced plans to relaunch the brand at more than 200 Children’s Place locations nationwide,” including at the Fashion Centre at Pentagon City. [Patch]

What’s Next: High Time for Marijuana Reform

By ARLnow.com

What’s Next with Nicole is a biweekly opinion column. The views expressed are solely the author’s.

There is one thing I have found that my libertarian Republican and social justice Democrat friends can mostly agree on — it is high time Virginia passes marijuana reform.

It is my opinion that: 1) marijuana should be governed similarly to alcohol, legal at age 21; 2) doctors at hospitals or assisted living facilities should be able to administer prescriptions to anyone; and 3) we should create an automatic expungement process for people previously convicted over 21 and have a clear path to expungement for those under 21 for both marijuana and alcohol.

Right now the legislature is favoring bills HB 972 by Del. Charnell Herring (D), and SB 2 by Arlington state Sen. Adam Ebbin (D), both supported by Governor Northam (I will refer to these as “the favored bills”). In the favored bills, jail time is eliminated, a reduced civil fine of $50 is implemented, the possession amount to be charged would increase from half an ounce to one ounce, and an expungement path would be created.

These are good first steps, but we can and should do more.

Decriminalization vs. Legalization

The favored bills would decriminalize, not legalize, marijuana possession for adults. While a step in the right direction, I believe this is a missed opportunity.

Perpetuating an underground marketplace for sale is bad policy for two reasons. First, the government cannot impose a sales tax on something that should be a known transaction. In Colorado after just 5 years of legalization, the state has collected over $1 billion in tax revenue. Second, selling on the black market provides opportunity for marijuana to be mixed with harmful substances and makes it difficult for consumers to understand the breakdown of THC vs. CBD in their product, to the detriment of public health.

HB 1507 introduced by Del. Jennifer Carroll Foy (D) and supporters by Arlington’s Del. Patrick Hope (D), would support legalization.

Medical Marijuana

There are currently only five facilities, one in each region of Virginia, that can administer medical marijuana. HB 347 by Del. Glen Davis (R) would allow for two facilities in each region, and SB 185 by state Sen. Siobhan Dunnavant (R) would allow nursing homes and assisted living facilities to administer cannabidiol and THC-A oil.

Again, while these are steps in the right direction, this will not do enough to fight the opioid epidemic. I am surprised by a lack of movement here by Democrats.

Expungement

The favored bills would allow a person to petition for expungement after fines have been paid. If we are just going to decriminalize, this seems inherently discriminatory to those who cannot afford a lawyer and an unnecessary bureaucratic hurdle that should just be an automatic process. This automatic expungement for marijuana offenses and underage alcohol possession would be tackled in SB 289 by Sen. Creigh Deeds (D), and SB 306 by Sen. William Stanley (R).

(more…)

Lawmaker Who Wants to Return Arlington to D.C. has I-66 Reverse Toll Bill Rejected

By Vernon Miles

A proposal to add new “reverse tolling” on to I-66, put forward by a delegate who suggested that Arlington should be returned to D.C., has been struck down in the House of Delegates.

The goal of HB 677, the bill proposed by Del. Dave LaRock (R), was to toll rush hour traffic heading both eastbound and westbound on I-66, instead of just tolling those heading in the peak direction.

LaRock, whose district encompases parts of Frederick, Loudoun and Clark counties, proposed implementing the new reverse tolling upon completion of the under-construction eastbound I-66 widening project. Revenue collected would be directed to the Northern Virginia Transportation Authority.

More from the bill:

The Department of Transportation shall, upon completion of the Interstate 66 widening project from the Dulles Connector Road to Fairfax Drive, activate tolling on Interstate 66 east of mile marker 67 for vehicles using (i) the westbound lanes during the morning hours in which the eastbound lanes are tolled or (ii) the eastbound lanes during the evening hours in which the westbound lanes are tolled.

The bill was “passed by indefinitely” in the Transportation Systems Subcommittee and state Senate staff confirmed that there was no similar bill on the Senate side, meaning the proposal is dead for the time being.

It isn’t the first time LaRock has put forward a reverse tolling bill. Two years ago LaRock tried to simultaneously refund some toll revenue to commuters and implement a reverse toll.

LaRock made headlines recently for proposing that deep-blue swaths of Northern Virginia — namely Arlington and Alexandria — be given over to D.C., claiming that the progressive values of Northern Virginia were not in keeping with the rest of the state.

Morning Notes

By ARLnow.com

County Board Approves Construction Contracts — “The Arlington County Board today approved contracts for projects that will improve the streetscape on 20th Road North, upgrade several intersections along the North Pershing Drive corridor, and rehabilitate a North Glebe Road water main.” [Arlington County]

ACPD Searching for Missing Man — “ACPD continues to attempt to locate critically missing adult Paul Winfred Coleman. Anyone with information on his whereabouts is asked to contact police at 703-558-2222 or 9-1-1 in an emergency.” [Twitter, Arlington County]

Va. Could Stay Blue Without Arlington — “Virginia Delegate Dave LaRock (R-Loudoun) made headlines when he suggested returning portions of Arlington and Alexandria back to the District of Columbia. Even if this idea were to gain any serious traction with other legislators, it would not help LaRock or Republicans in Virginia hold on to a majority in the legislature.” [Greater Greater Washington]

Ebbin’s Labor Bill Faces Opposition — “The bill has attracted opposition from the state’s commercial and residential development industries, in addition to state Republicans, now in the minority in the General Assembly for the first time in two decades. Even some Democrats expressed skepticism about the legislation in initial committee hearings.” [Washington Business Journal]

Map of Cyclist-Involved Crashes — “Cyclists commuting into the District over Key Bridge have to travel through one of Virginia’s worst areas for vehicle-on-bicycle crashes. Both Clarendon Blvd. and Lee Highway had numerous collisions.” [Twitter, WUSA 9]

Possible N. Va. Coronavirus Case — “The Virginia Department of Health says it is investigating three people, including one in northern Virginia, who ‘meet both clinical and epidemiologic criteria’ for coronavirus.” [Fox 5, Virginia Dept. of Health]

Arlington GRAMMY Connection — At last night’s GRAMMY Awards, one-time Arlington resident Roberta Flack was honored with a Lifetime Achievement Award.

Flickr pool photo by John Sonderman

Arlington’s Delegates Push to Correct Civil Rights Injustices and Restrict Firearms Access

By ARLnow.com

Arlington’s state senators aren’t alone in pushing for gun control in Richmond this legislative session — their counterparts in the House of Delegates have also proposed a number of bills on the topic.

Other bills being reviewed by Arlington’s delegates this session range from a local civil rights fight to the recognition of some Arlington cemeteries as historic places.

The all-Democrat group of delegates have been empowered by a new Democratic majority in the state legislature. Many of the gun control measures proposed in the House of Delegates and the State Senate have already faced substantial pushback, particularly from a crowded gun rights rally on Monday that drew national headlines, though a number of bills have passed at least one of the chambers.

Below are some of the bills that have been proposed by each of Arlington’s delegates.

Del. Mark Levine

Among bills introduced by Del. Mark Levine is HB 180, which would eliminate the requirement that the race of spouses be included in the marriage record filed with the state. Levine is also sponsoring HB 301, which would decriminalize simple possession of marijuana. Both bills were referred to committees, and HB 180 was recommended by a subcommittee on Tuesday.

The requirement of couples to list their race on marriage licenses is an obscure holdover from Jim Crow laws that’s gotten some pushback over the years, including a lawsuit in September by a local lawyer that ended with a judge ruling the law was unconstitutional.

Levine also introduced several gun control measures as well, including restriction of firearm ammunition, prohibitions on ownership after certain criminal convictions, and a prohibition on the sale or transport of weapons defined in the bill as “assault firearms.”

Del. Patrick Hope

Hope is also the sponsor of the House version of Favola’s bill that would eliminate the death penalty for cases involving a severe mental illness. Hope’s HB 1284 would eliminate the use of isolated confinement in state correctional facilities and juvenile correctional facilities. One bill, HB 1120, would also dramatically increase the tax on tobacco products, from the current 30 cents per pack to $1.80 per pack.

Hope’s gun control legislation, HB 1080, would prohibit school boards from authorizing or designating any person to possess a firearm on school property other than those expressly authorized by state law.

Also of note is Hope’s bill, HB 712, which would allow anyone required to post ordinances, resolutions, notices or advertisements in newspapers to publish instead in an online publication. The requirement for governments to only post notices in print newspapers is a standing rule backed by organizations like the Virginia Press Association. The requirement has gotten some pushback in recent years by local jurisdictions like Vienna, which argue that the law is costly and unfair to areas without print newspapers.

Del. Rip Sullivan

Among Rip Sullivan’s proposed legislation is HB 213, which would add out-of-state student IDs to the list of acceptable forms of voter identification, and HB 379, which adds three cemeteries in Arlington (Calloway Cemetery, Lomax Cemetery, and Mount Salvation Cemetery) to the list of organizations that may receive funds from the Department of Historic Resources.

Sullivan’s gun control legislation includes HB 674, which would allow law enforcement to remove firearms from someone they deem poses a substantial risk, HB 458, which would make it a Class 1 misdemeanor for a fugitive to purchase, possess or transport a firearm, and HB 459, which would prohibit anyone convicted of assault and battery as part of a hate crime from possessing or transporting a firearm.

Del. Alfonso Lopez

Legislation from Lopez includes HB 1184, which opens up options for distributing generated solar energy by individuals and localities, and HB 219, which would automatically register individuals at the Department of Motor Vehicles who are applying for or replacing their driver’s license.

Lopez’s gun control legislation includes HB 264, which would remove the option for concealed handgun permit applicants to demonstrate competence electronically, and HB 260, which increases the allowed length of time for a background check from the end of the next business day to within five business days.

Crossover for legislation — when bills that pass one house are considered by the other — is scheduled for Tuesday, Feb. 11, and the last day to act on remaining bills is March 5. Gov. Ralph Northam can sign or veto legislation until April 6, and the new laws will take effect July 1.

Photo courtesy former Del. Bob Brink

Morning Notes

By ARLnow.com

Pentagon City Redevelopment on Pause — “Brookfield Properties has suspended plans to launch a major redevelopment of the Transportation Security Administration’s headquarters in Pentagon City once the federal agency moves to its new home in Springfield in mid- to late 2020… it’s a reflection of the new reality that Amazon’s HQ2 has created in the neighborhood.” [Washington Business Journal]

Vote on Add’l Speeding Fine This Weekend — “Currently, a ticket for going 10 mph over the speed limit in a residential zone is about $80. The additional fine would bring that ticket to $280. ‘People drive like maniacs around here. It’s about time they got some punishment,’ Arlington resident Jack Feegel said.” [NBC 4]

Arlington Resident Helps Return Lost Dog — “A lost dog was reunited with its owner thanks to a passing motorist, who noticed something unusual on their way to work, and a fellow driver farther along the road. Dashcam footage shows the unnamed motorist, from Arlington, Virginia, driving to their workplace in Silver Spring, Maryland, on January 13.” [Daily Mail]

ACFD Responds to Calls in Maryland — It’s rare for the Arlington County Fire Department to respond as mutual aid to an incident in Maryland, but it happened Wednesday morning, with several units dispatched to Prince George’s County. [Twitter, Twitter]

Arlington Tourism Tax May Be Made Permanent — “The Arlington County government looks ready to get a major present from the new Democratic majority in the General Assembly. The state Senate has passed and sent to the House of Delegates a measure that removes the sunset provision on Arlington’s authority to impose a 0.25-percent surcharge on hotel taxes to support tourism promotion.” [InsideNova]

Nearby: No Streetcar in Georgetown — “Plans to extend the DC Streetcar to Georgetown have been effectively scrapped. The District Department of Transportation is halting all work on the project ‘for the foreseeable future,’ according to documents submitted to the D.C. Council.” [WTOP]

Flickr pool photo by Rex Block

Arlington’s State Senators Make Gun Control Push

By Vernon Miles

(Updated at 4:05 p.m.) With a new Democratic majority, Arlington’s state Senators have doubled down on earlier efforts to pass gun control reform and make progress on other issues — like marijuana decriminalization — that made limited progress under a Republican majority.

Some of these proposals have already faced substantial pushback, particularly from a crowded gun rights rally on Monday that drew national headlines. Democrats notched a gun control victory today, however, with the state Senate narrowly passing a “red flag” gun law that allows guns to be taken away by those judged as dangerous to themselves or others.

Nestled among the high profile issues are other items of interest for Arlingtonians, like the ability to require labor agreements as part of the zoning approval process.

Sen. Barbara Favola

Among the bills introduced by Favola in the 2019-2020 legislative session are SB 116, which would say that defendants in a capital case who have a severe mental illness are not eligible for the death penalty, and SB 179, which adds gender, disability, gender identity or sexual orientation to the state’s hate crime definition. SB 116 was moved to the Judiciary committee and SB 179 was referred to the Finance and Appropriations committee.

Favola is one of the chief co-signers of SB 35, which authorizes localities to prohibit the possession or carrying of firearms, ammunition, or components thereof to government buildings, public parks, or any public right of way being used for an event. The bill was passed in the state Senate on Jan. 16.

Sen. Adam Ebbin

According to Henry Watkins, communications director for Ebbin, the bills he has proposed are:

SB 868 — Prohibits discrimination in housing, employment and public accommodations based on sexual orientation or gender identity. Also includes additional protections for veterans and pregnant persons.

SB 2 — Reduces penalty for possession of marijuana from a criminal offense to a civil penalty.

SB 852 — Institutes a tax on e-cigarettes at 39% of the wholesale price. Also raises the Virginia cigarette tax to $1.80 per pack and the tax on other tobacco products to 39% wholesale.

SB 11 — Imposes a five-cent fee on throw-away bags to reduce litter and waste.

SB 838 — Makes construction contractors liable for their subcontractors if the subcontractor does not pay their employees, and allows employees to sue employers for nonpayment of wages.

Ebbin has also proposed SB 839, which would allow localities to require project labor agreements and worker protections on high-density development projects that go through a special exception zoning process. While approving an incentive package for Amazon’s HQ2, Arlington County Board members lamented not being able to require such labor provisions.

Board member Katie Cristol lobbied for the bill in Richmond on Monday.

Sen. Janet Howell

Like many other Democratic Senators from Northern Virginia, Howell introduced gun control legislation during the current session. SB 75 would make it a Class 3 misdemeanor to leave a loaded, unsecured firearm “in such a manner as to endanger the life or limb of any person under the age of 18.” The current law makes it illegal for under the age of 14.

Other bills introduced by Howell include SB 111, which allows people to vote absentee without needing to list a reason why they can’t vote in person. SB 111 was passed in the Senate on Monday.

New Bill Would Compel Arlington Businesses to Collect Abandoned Shopping Carts

By Vernon Miles

If state Sen. Scott Surovell’s (D-36) bill passes the Virginia legislature, businesses in Arlington could be on the line for recovering shopping carts people have taken but not returned.

Senate Bill 631 would make it so that the cost of removal, including disposal, of an abandoned shopping cart will be charged to the cart’s owner. The ordinance originally applied just to Fairfax County, but Surovell said Arlington and Alexandria asked to be included in the new legislation.

Surovell told the state Senate’s Local Government Committee that his frustration was borne out of years of personally pulling shopping carts out of a creek in Fairfax.

“These carts often end up in drainage ditches and when it rains they end up going in the creek,” Surovell said. “I’ve taken 230 shopping carts out of the creek myself.”

Abandoned shopping carts have been a plague on areas of Arlington, particularly the Pentagon City area, so prevalent they inspired Twitter accounts that have obsessively documented abandoned scooters around the area for the past several years.

The bill was reported from the Local Government Committee on a narrow 8-7 vote, where it faced pushback both on the dais and from public speakers. Parker Slaybaugh, executive director of the very newly formed nonprofit Virginia Food Industry Association, said the bill would make shopping carts the only stolen property where the victim of the theft is charged for its recovery.

That criticism was a recurring theme of opposition to the bill.

“If somebody steals your property, then abandon that, I don’t think you should be charged to have to go retrieve that property,” said State Sen. Bill DeSteph (R-82th District). “Businesses already paid to purchase it, [then] somebody stole it. The right thing to do would be to charge someone who stole it.”

DeSteph compared the proposal to requiring someone whose vehicle is stolen to retrieve the vehicle or pay for it to be recovered.

“It’s one of the points people raise every year and it’s totally wrong,” Surovell fired back. “To prove someone guilty of petty larceny [you] have to show intent to permanently deprive someone of something. The reason you don’t see these people charged with crimes is because it’s not a crime.”

Surovell said the legislation included a section that would allow localities to make it a civil infraction to take the carts from the business owner, though a police officer speaking at the meeting who claimed to have arrested someone for stealing a shopping cart disagreed with Surovell’s statement that it wasn’t a crime.

Sarah Taylor, Alexandria’s legislative director, said the city had asked to join the ordinance to give them another “tool in a toolbox” to encourage businesses to better manage their carts, such as geofencing.

Surovell also noted that at ALDI, customers put a quarter in to get the cart, get a quarter back when it is returned.

“It’s not about punishing the victim,” Surovell argued. “Retailers could take steps to keep this from happening, they just choose not to do it.”

https://twitter.com/CartChaos22202/status/1160961457388949505

Photo (top) via Scott Surovell/Twitter

Morning Notes

By ARLnow.com

Never Ending Bike Rack Construction at EFC Metro — “Metro has been building a Bike & Ride facility at the East Falls Church Metro Station for nearly five years, and the project still is not finished. The covered bike shelter was supposed to open in December 2015, but Metro says due to ‘Numerous construction quality issues, including damage caused by a contractor repeatedly drilling into an underground duct bank, led to lengthy delays.'” [WJLA]

Another Sewage Release in Four Mile Run — “Avoid all contact with Four Mile Run south of 7th Street until further notice due to a sanitary sewage release. @ArlingtonDES crews are on scene investigating pipe’s condition.” [Twitter]

Delegate Wants to Retrocede Arlington to D.C. — Del. Dave LaRock (R) “said some counties and jurisdictions in the state ‘are becoming more like California and New York…’ [LaRock said he] could get behind a move to have more liberal jurisdictions such as Arlington and Alexandria become part of Washington, D.C.” [Winchester Star, Blue Virginia]

Weird Crash Leaves Car Hanging — “Rough night… at Columbia Pike and S. Dinwiddie Street.” [Twitter]

Cristol to Chair NVTC — “Arlington County Board member Katie Cristol has been tapped to chair the Northern Virginia Transportation Commission for the 2020 calendar year. She succeeds Matt Letourneau, a member of the Loudoun County Board of Supervisors.” [InsideNova]

Marine Corps Marathon Bans Cheater — “The Marine Corps Marathon Organization (MCMO) recently concluded an investigation into the running history of a 55-year-old female participant at both the Marine Corps 17.75K and the Marine Corps Marathon (MCM). The research, including photographic evidence and timing data, indicates that the runner had cheated over multiple years by not running the entire course and then claiming the rewards of a finisher.” [Press Release]

Flickr pool photo by Tom Mockler

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