Alexandria Gazette Packet 25 Cents Vol. CCXXV, No. 22 Serving Alexandria for over 200 years • A Connection Newspaper June 4, 2009 On Their Mint Condition Council considers suing property Toes owner to force paint removal. By Michael Lee Pope by Photo he School for Swans Trecital rehearsal took Gazette Packet place last week at Bishop Ireton High School. This year’s recital, hen Rob Kauffman Michael Lee Pope “Dances from May Day Celebrations,” applied a coat of was choreographed by Grace Machanic to Wmint-colored pale the music from Beethoven’s Sixth Sym- green paint to his phony and from tunes by Percy Grainger. building at the southeast corner of For more information on The School for Prince and South Alfred streets Swans visit www.schoolforswans.com two years ago, he felt that the color The southeast corner still was a vast improvement. Since bears a patch of bricks 900 Prince Street was constructed where a paint-removal in 1915 as the Mount Vernon test conducted by the Dairy, its exterior has sported a property owner. black-brown tint Kauffman calls “fireplace brick.” But there was a Like many districts across the /Gazette Packet problem: Kauffman did not have county, Old Town Alexandria is approval from the Board of Archi- protected by a host of city ordi- tectural Review. nances designed to maintain the “I made a mistake,” said historic fabric of the city. Members Kauffman, a native of Toronto who of the Board of Architectural Re- Louise Krafft founded PMA Properties in 1982. view are specifically appointed to “I’ve painted many buildings in the uphold these ordinances, although course of my years, and somehow they were divided when Kauffman I was unaware that I needed per- applied for an after-the-fact ap- Photos by Photos mission to paint this particular proval of his paint job last year. building.” After a three-to-three tied vote on March 5, 2008, Kauffman walked THAT MISTAKE has now set up away from the proceeding with a Mackie Wainstein in the a confrontation with city officials certificate of appropriateness. Garland dance. Jane Hopper in May Pole dance. that could culminate in a lawsuit. Yet the story did not end there. Next week, City Council members Old Town Civic Association filed will consider a recommendation an appeal of the decision, and City from City Manager Jim Hartmann Council members have been con- to move forward with an injunc- sidering their options since June Koger Sentenced to 66 Years tion compelling Kauffman to re- 2008. At first, council members move the paint that was applied encouraged the Planning and Zon- ing in Fairfax County Circuit two years ago. The question of ing officials to come to some kind Embezzler of homeowner Court. “I thought of my family how the council should proceed of resolution with Kauffman. But associations sentenced and them getting a call saying, threatens to be an emotional con- in a series of telephone calls, e- Sheriff’s Photo Sheriff’s ‘Your son was shot in the chest.’” frontation that pits historic pres- mails and one-on-one discussions for shooting spree. Najib Gerdak, 27, of Franconia, ervation against property rights over the last year, each side has attempted to help Duke; Koger and legal obligations against sub- become increasingly entrenched By Ken Moore and Bonnie Hobbs then shot Gerdak multiple times. jective judgments. and unwilling to give ground. Gazette Packet Bullets went through Gerdak’s “I don’t particularly like the “The city has a responsibility to shoulder, spine, colon and groin. color,” said Councilman Rob enforce the zoning ordinance,” Krupicka. “But I also don’t feel like said Stephen Milone, division chief he survival of six innocent victims — three “There’s not a moment it Jeffrey Koger the paint job damaged the historic for zoning and land-use services. civilians and three officers — “is a miracle,” doesn’t affect me. I have to look T at the holes in my body all the fabric of the city.” See Painted, Page 4 said Judge Jonathan C. Thacher. “Only by the grace of God did the [shooting] spree time, so you always remember,” said Gerdak, who testified how Koger pointed a gun at his head. 22314 VA Alexandria, not result in mass casualties,” the judge said. St., King 1604 To: ted A bullet remains lodged in Scott Duke’s sternum “He asked me twice who my savior was,” Gerdak Reques Service Address from the night of Feb. 2, 2008, when Jeffrey Scott said. “I didn’t do anything to him, so tell me why I material. should get shot?” Time-sensitive Koger, 39, of Herndon, fired a revolver randomly at Postmaster: Duke and five others in Alexandria and Fairfax In February 2008, Gerdak was at the peak of his Attention County. profession, he said, cutting hair and teaching stylists Permit #482 Permit “Having to look at the person who tried to take about the latest and upcoming trends. Now nerve VA Alexandria, PAID your life, never knowing you, is kind of hard,” said damage impairs his ability to move his hands and Postage U.S. Duke, Thursday, May 28 at Koger’s sentencing hear- See Murderer, Page 23 STD PRSRT www.ConnectionNewspapers.com Alexandria Gazette Packet ❖ June 4-10, 2009 ❖ 1 2 ❖ Alexandria Gazette Packet ❖ June 4-10, 2009 www.ConnectionNewspapers.com Council Notebook News Goodbye, May Elections May is now over, and the concept of May elections seems to have ended with it — bringing to a close a tradition of springtime elec- tions for city officials that dates back to the 1780s. To Err Is Human Lame-duck Councilman Tim Lovain, who has been on the fence for months, has finally reached a decision: He will be supporting the move to November. Along with the recent decision of Mayor Civil court Bill Euille to support the election reform ordinance, that puts the records show whip count for election reform over the top. Photo by Photo “It’s become clear to me that the May elections just are not work- elected officials ing,” said Lovain, noting the 15 percent turnout. “People are not used to voting in May, but they are used to voting in November.” have flaws The ordinance on the docket for final passage on June 13 would Michael Lee Pope move the next City Council election from May 2012 to November just like 2012. Although supporters of the election reform say they would prefer not to schedule an election for City Council and School Board everyone else. during a presidential election, that’s the only change they have the authority to make under Virginia law. Opponents of the change say the effort could be part of a larger series of charter amendments By Michael Lee Pope /Gazette Packet that could be pursued as a package during the next General Assem- Gazette Packet bly session. “Democrats know they fare better in November elections than hree years before he May election,” said Chris Marston, chairman of the Alexandria was elected mayor, City Republican Committee. “As we’ve just seen this May, it’s differ- TCouncilman Bill ent for them to elect their nominee in every office.” Euille was driving near the intersection of Quaker The city courthouse holds civil records for elected officials Lane and Duke Street when he on everything from speeding tickets to late registration Legal Costs Mount became involved in a minor fees. The city’s ongoing fight with Norfolk Southern Railroad has al- fender bender. According to ready cost $350,000, according to legal documents received under Euille, who was recently elected to a third term as Some of the court records indicate a lack of a Freedom of Information Act request submitted last month by the mayor, he lost control of his 1995 Chevrolet sport- attention, as in the time Councilman Paul Alexandria Gazette Packet. And now that City Council members have utility vehicle and slammed into the car in front of Smedberg breezed through a stop sign in Old decided to move forward with an appeal of a recent decision by him — which happened to be a car driven by Karyn Town back in 2005. Smedberg said that that federal judge James Cacheris, that total is certain to rise. Moran, the wife of former Del. Brian Moran (D-46). sign had recently been installed at the inter- “The appellate process is an expensive one,” said Councilwoman- The charge, “failure to pay full time and attention,” section of Union and Duke streets, and that he elect Alicia Hughes, a former clerk to an Alabama federal judge. was dismissed the next month by the General Dis- was surprised when the police officer pulled “And I don’t think we have a leg to stand on here.” trict Court. his black 2002 BMW over and showed him the The legal war began last year, when City Council members learned “It was just a silly and stupid incident,” said Euille. new sign. that the railroad had been moving liquid ethanol from rail cars to “My foot just slipped off the brake.” “It was like 6:30 a.m.,” said Smedberg. “And tanker trucks for seven weeks even though Norfolk Southern was Civil court records at the Alexandria courthouse this was the first morning the sign was up.” aware that the city had no way of responding to a potential emer- show that the city’s elected leaders have the same gency. Council members weren’t informed of the facility by City kind of minor infractions that most people find them- OTHER RECORDS in the civil court files Manager Jim Hartmann until a month after the hazardous mate- selves facing from time to time.