The Fairfax County Undercurrent

Growth Measures before the General Assembly
The Undercurrent has been captivated by the "press" on the various growth measures that have been introduced in the General Assembly and the development community's reaction to them. Let's go through some of the ideas.

Transfer of development rights (TDR). This gives developers an opportunity to "buy" high-density development in areas with infrastructure by donating the right to develop low-density areas that are worth preserving. This isn't a "concept," since it's practiced successfully in many areas of the country. TDR is a fundamental principle of smart growth, so any developers (or their purchased politicians) who oppose TDR should never be allowed to utter the term "smart growth" again. We need to keep track of them and remind them when they claim how "smart" their development proposals are. The Undercurrent is reminded of the outrageous claims of the developers who wanted to up-plan the Hunter Mill Road corridor, two miles from the closest planned rail station. Did they coin the term "transit friendly"?

Impact fees. Impact fees require developers to pay to mitigate the impacts of their developments on the public infrastructure (e.g., roads, schools, parks, police and fire service, etc.). Impact fees add predictability to the development process. Rather than go through the proffer negotiation process, which can be exasperating for developers, they would pay a fixed fee per unit. Many jurisdictions have used impact fees quite successfully. Why can't Fairfax or Loudoun? The development community's threat that the price of housing will skyrocket is an empty threat. The price of housing has already skyrocketed, in large part because of the record profits that have been realized by the development industry over the last decade. However, to mitigate that, let's add affordable housing into the infrastructure bucket and make them pay for that too. While the Undercurrent used to like the proffer system, our politicans have misued it by not using it adequately. Imagine approving 1500 residential units at Tysons without a single transportation improvement and you will understand our point.

Adequate Public Facilities. This one is going to be a non-starter because of the strong property rights mantra in the Commonwealth. Imagine, a poor developer who couldn't develop his property because the state hadn't built the roads first! Impact fees should be more palatable.

Will the development community suffer from good planning? Not likely. Will our politicians cave in the face of their largest campaign contribution bankers? Time will tell.

Our Little Break
The Undercurrent expresses apologies to all who have been wondering, "Where did they go?" We had to take another little break. What bad timing! So many things have been happening, we don't know where to start.

Scotts Run BZA Appeal on Lot Width

The neighbors of the proposed Ballantrae Oaks development challenged the County's Zoning Administrator and won at the BZA last week. The developer, the Williamson Group of Rockville, and the engineer, Land Design Consultants, had measured lot width off the Beltway, rather than the local street that will provide access to the proposed homes. That move allowed lots on the street that were half the size required for the R-1 zoning district. The Zoning Administrator said that lot width could be measured off the Beltway because the Beltway is a "street," and he ignored other provisions of the Zoning Ordinance that would have prohibited the developer's scheme. He also dismissed as "not germane" a similar 2003 determination that reached the opposite conclusion regarding access to lots and the purpose and intent of the Zoning Ordinance.

Despite the three-hour hearing, the BZA needed little to no convincing that the interpretations from the Zoning Administrator were inconsistent and that the Board of Supervisors did not intend that lot width be measured from interstate highways providing no vehicular access to lots.

The neighbors did all Fairfax County residents a huge service by challenging the Zoning Administrator's nonsensical decision. Now, they wait to see if anyone appeals the BZA decision.

Connolly's War against Becky Cate

You will have to read old Undercurrents to get the full flavor of this little ditty. Gerry Connolly and his henchmen tried once again to oust Becky Cate from the County Democratic party--because she doesn't toe his line. It amazes the Undercurrent how petty and long-lasting his vengeance appears to be. A couple of weeks ago, the Connolly clique started a phone campaign to convince Democrats in Becky's precinct to vote against her when it came time to vote for new precinct representatives. We guess it didn't matter that Becky had worked harder than many of them on Steve Shannon's campaign. They don't want her called a Democrat because she thinks for herself.

Fortunately, word spread, and Democrats from her precinct showed up to vote for her, making the disgruntled henchmen pretty unhappy. The result? They will be "forced" to endure her populist leadership for another term.

The New Design for Rail through Tysons

Hard to believe, folks, but the powers that be have now elevated the proposed subway tracks well over grade, removed the service roads along Route 7, and axed the only parking garage that had been approved. The result will be an ugly overhead subway, greater dysfunctionality and degraded circulation at Tysons, and a decrease in the estimated ridership because no one will be able to park and ride.

Will Connolly and crew go to any lengths to get rail through Tysons? Apparently yes! The proposals, unveiled last week at a public meeting where no questions were taken, were considered by many to be a debacle. Even the Northern Virginia Transportation Alliance disapproves!!

The Undercurrent plans to pull out Alice in Wonderland again. We are sure it will look contemporary.

Lewinsville Park...Continued
As predicted, the Virginia Supreme Court refused the County's request to rehear the case regarding Marymount's use of Lewinsville Park. Tonight, the Planning Commission is expected to defer indefinitely the Board-proposed Zoning Ordinance Amendment (ZOA) that would have given the School and Park Authority Boards the authority to approve what are now special exception uses without any public hearing process.

The proposed ZOA would have made uses that are now subject to a public process by-right. Given that the Park Authority Board is appointed, not elected, the ZOA would have concentrated decision making in a body that is not accountable to citizens. It was a scary idea.

Many citizens would like to see this ZOA go away. There is no need for it. Please tell your representative on the Board of Supervisors that the ZOA was a bad idea; we need more citizen participation in planning the County's future--not less.

The Undercurrent tips its hat to Laurie Frost Wilson and Jim Hart, both planning commissioners who had the gumption to speak out. Their remarks have been refreshingly candid in a County environment (led by the Board) that usually punishes dissension.

A Driving Rant
The Undercurrent wishes to turn away from politics for a few minutes and have a good old-fashioned rant. We are appalled by the behavior of drivers in the DC area, and we would like to remind the morons (who probably don’t read the Undercurrent) about today’s rules of the road.

1. Turn signals are not optional—even if you are on your hand-held phone and just don’t have an extra hand free. Turn signals let other drivers know what you intend to do. When you pull up to a signaled intersection and plan to turn left, use your turn signal to let other drivers know to get in the right lane if they hope to successfully pass through the intersection in the next light cycle. Turn on your signal when you get to the intersection—not when the light turns green.

2. You must not turn right from the left lane and vice versa. We don’t care if you don’t know where you are going. Go one additional block, make a legal turn, and come back. Didn’t your father teach you that, or was he also a bad driver? If you hold up a whole lane of traffic to turn right from the left lane, you are worse than stupid; you are an inconsiderate oaf.

3. Don’t speed through neighborhoods. You don’t want others to speed through yours, so why do you put their children and animals at risk? Mothers with children in your vans, you are some of the worst. Pretend that it’s your own neighborhood and everyone there knows you. Would you still go hauling down the 25-mph road at 45?

4. SUV Drivers: Stop trying to run the rest of us off the road. We deserve our space, and we don’t care if you want it. Don’t attempt to use your vehicles as threatened battering rams to intimidate us out of our rightful space. If you wait politely, someone will let you into the flow of traffic. And for every time you are “let in,” stop that week and let someone else “in.” Amazing what that might do for civility!

5. SUV Drivers: We can’t see around you. Do not pull in front of us with inches to spare. It’s just plain rude.

6. Arlington Drivers: It is not your responsibility to enforce the speed limit on the newly repainted one-lane thoroughfares. Drive the speed limit, not 10 mph below. You create road rage.

7. You must give your car some extra gas to go uphill. Can y’all even believe that people don’t know that? How many times have you slowed to a crawl behind a driver who just can’t seem to make it up the hill in his high-performance vehicle?

8. Don’t tailgate any more than you have to. We realize that in this awful traffic, you have to get pretty close to the car in front of you. But not inches, folks—five or six feet would be nice. A lot of us will brake for living beings in the street. We don’t want you in our back seat.

9. It’s the law that you must stop for pedestrians in crosswalks. This is not an optional, courtesy thing. Don’t you see the look of fear in their eyes?

10. Red lights mean stop. Not stop if you aren’t in a hurry. STOP! You light runners cause a lot of accidents.

11. For those of you who spend your lives on the phone: You are not paying attention. You think you are, but you are speeding or driving too slowly; you are not aware of the events unfolding around you; and you are breaking laws large and small. You probably aren’t aware of your actions or the impacts on others. Jump off your “me first” pedestal for awhile and observe your own behavior. Is it pretty?

12. One more thing: Hit and run really is against the law—no matter the example Gerry Connolly set. You won’t get the same break the Commonwealth’s Attorney and police gave him. Your damage will be estimated at felony level when your fender is crunched by the SUV you hit.

We could go on and on, but there is a theme here. Think about the other guy and treat him the way you would like to be treated, obeying the law while you do it. You could make our world a better place.

The Post's Discontent
Once again, the Post editorial writers have proven themselves to be clueless. The Undercurrent references today’s editorial “Growth and Its Discontents.” Even the title is insulting.

The Post’s hypothesis, taken straight from Gerry Connolly’s hymn book, is that growth is inevitable and, therefore, we should just let the developers have at it. They criticize Tom Davis and Tim Kaine for pandering to the electorate. The Undercurrent is shocked by the dismissal of the views of constituents and voters. However, we have grown to expect the attitude, driven by advertising revenue, intellectual arrogance, and faulty assumptions on the Post’s part.

Please take a moment to examine with us some of those faulty assumptions and failures to recognize the realities of life in Northern Virginia.

First, the assumption seems to be that all growth must occur in Fairfax County. Why is that? Does Prince George’s County not deserve its share of wealth? In Fairfax, must all growth take place in the northeastern section of the county? Why don’t we have incentives for developers to go to the Route 1 corridor? The BRAC-related growth is headed that way. Why not help Arlington repopulate the areas to be abandoned by the Federal Government through BRAC? Those are right on Metro stations. How about DC? They mayor is working hard to redevelop its neglected areas. The short-sighted policies of the Virginia Boards of Supervisors have failed to “shape growth” or even practice “real” smart growth.

Second, should we block new development in areas without adequate infrastructure? The General Assembly is terribly unlikely to go along with Tim’s latest brainstorm, but they might be willing to talk about impact fees. Why throw out a tool from your toolbox just because you haven’t used it before? Why criticize Tim Kaine for an idea that may take years to pay off? Why assume that more sprawl would be created? Why not direct growth to Arlington, Prince George's County, and DC?

Third, the New York Times Magazine article “Chasing Ground” tells us as clearly as possible that the developers believe that local governments and citizens are simply speed bumps on the road to riches. Nothing we can do will stop sprawl. So, if we overpopulate the Metro station areas, we simply add to the numbers. There will be no transfer of development rights, no stopping sprawl (it’s the American Dream), and nothing other than token protection of open space.

Fourth, the Post assumes that traffic in the inner suburbs is suffering disproportionately because of sprawl. Wrong. The worst gridlocked roads are at Tysons and in the outer suburbs—where the jobs are, and where there is no mass transit. Imagine a state-of-the-art bus rapid transit (BRT) system, connecting residential and work nodes using best practices! Could we take the burden off our roads? Absolutely, at a fraction of the cost of rail—but the heavy rail proponents, big-bucks developers, and even the Post were complicit in tarring BRT with false data and assumptions.

Fifth, with no evidence whatsoever, the Post has concluded that density at rail stations will take cars off the road. We have no historical proof of that. It has been a pipe dream and will continue to be.

Sixth, we are particularly offended by the Post’s criticism of Tom Davis. He didn’t say “No growth,” he said “Managed growth.” He suggested that MetroWest is too dense for the area. He’s right! Just wait until all those two-car family members come home from work and hit the roads around Vienna. It will be a 45-minute trip to Magruders. He said that WMATA shouldn’t be selling its property for short-term gain. He’s right! He said that Pulte can develop without WMATA’s property. He’s right! The Post assumes that everyone who buys at MetroWest will ride Metro to work—with no data to prove it. The Post assumes that the people who buy there work in DC and will otherwise drive through the inner suburbs to get to work, a terribly faulty assumption in 2005.

Finally, in labeling concerned citizens the “anti-growth camp,” the Post has totally ignored the time we have spent trying to explain to them that most of us are not anti-growth. We believe in managed growth. We believe in regional solutions. We want representatives who are not beholden to developers. Will the Post ever get it? It’s doubtful. That’s why the Post is now and will probably always be inferior to the New York Times.

Zoning Ordinance Amendment on Public Use
Thursday, the Fairfax County Planning Commission will hold a public hearing on the Board of Supervisor’s spite change to the Zoning Ordinance (ZO). After losing their Supreme Count of Virginia battle to defend their MYS-Marymount scheme at Lewinsville Park, they plan to change the ZO. It has occurred to the Undercurrent that no matter what the Planning Commission recommends (i.e., approval, approval with changes, or denial), the Board will pass their spite amendment.

The Board’s stated intentions were carefully worded to obfuscate the issues. They talked about weddings and how public parks might not be available for wedding parties if they don’t change the ZO. Look carefully at the proposed wording (you can find it at http://fairfaxcounty.gov/dpz/zoningordinance/proposed/publicusedef.pdf) and write the Undercurrent at fairfaxuc@livejournal.com if you can figure out how the proposed amendment protects citizens who might like to get married in a county park. They talked about farmers markets. Have you ever heard anyone (except maybe a youth sports fan) complain about the use of our parks for farmers markets, events that serve any and all members of the public who wish to shop for farm-fresh food?

No, folks, this amendment is about one thing—the Board’s attempt to legitimize the Park Authority’s deal that allowed Marymount, a private university in Arlington, to buy regular use of one of our county fields. So, in order to protect their abuse of power, they plan to change the ZO for one situation. The Undercurrent remembers another flap about DC United and the suggestion that they could build a practice facility at another county park. Officials retreated on that one. This case is no different because it essentially represents the sale of a county resource for private gain.

The supervisors are going to great lengths to exclude the general public from the decision-making process. Will your neighborhood park be next? Absolutely! As our youth sports teams become dominated by competitive parents—a nationwide phenomenon that has garnered much press attention—the little guys who don’t qualify for elite teams, or the kids who just want to play a pick-up game of kick ball, will suffer. There won’t be time left for them to use our public fields. Will adults suffer too? Yes, because their concerns about noise, lighting, trash, public indecencies, and other nuisances will never be heard. Don’t think the Park Authority or supervisors care if the teams using the fields urinate on your carefully tended landscape.

What can you do? You can make a sacrifice and attend the Planning Commission’s Public Hearing at the Fairfax County Government Center on Thursday, October 27 at 8:15 pm. Yes, the hearings are always late—and they often last past midnight. We suspect that’s meant to discourage all but the diehards from exercising their right to be heard. If you go for the “greater good,” you will have to give up family time and perhaps even sleep, but it’s worth the trip to tell the Planning Commission that this ZO is as misguided as a Russian submarine snared in fishing nets.

If you just can’t do that, you can e-mail them at plancom@fairfaxcounty.gov. Put the Zoning Ordinance on Public Use in your subject line and address your comments to the Fairfax County Planning Commission. Let’s let our officials know that we care.

More on the Hunter Mill Comp Plan
The Undercurrent read an interesting description of a meeting that was held last night, ostensibly to discuss campaign finance issues and potential changes to disclosure laws. The meeting was called by Virginia Senator Devolites-Davis. She brought along Supervisor Joan DuBois, a surprise to the participants.

We understand that the discussion addressed Hunter Mill planning exclusively, and the participants were given a window on the supervisor's "thinking." The following is an edited version of what we read.

While DuBois said she did not want to "tip her hand" on her thoughts about development in the Hunter Mill corridor, she clearly views the task force as a chance for the public to "seize an opportunity" to affect growth in this area instead of "just saying no." When confronted with the unanimity of the citizens' answer of "yes" to retaining the current plan, her comment was "So, you are not interested in looking 10 years ahead?" She was told, "Yes we are, and what we see in 10 years is retention of the current plan, which is working." She did not appear to be swayed from her own views. She did say that if it were clear that the community was united, she would "probably" support their position.

There are several messages there, if the Undercurrent can read between the lines.

1. DuBois sees the Hunter Mill corridor, and probably the rest of Dranesville, as "ground," just like Toll Brothers described open land in the NY Times Magazine article referenced in our blog yesterday. This means, of course, that no area is safe, including Great Falls and the outer perimeters of McLean. Can we expect rational growth, with density buffered by transition zones in areas served by adequate infrastructure, balanced by preservation of areas with historic, environmental, and cultural significance? Apparently not. Maybe someone should drop off some planning texts at her office.
2. DuBois will never be swayed from her own views. It appears that she is sure she knows better than her constituents what best future for Dranesville should be, an intellectual arrogance that contradicts her campaign promises to work for the best interests of her constituents.
3. During her campaign, she sat in a Hunter Mill living room and promised that the corridor would not be up-planned. Now she's willing to say she will "probably" support her constituents. Her actions have proven otherwise. Look no further than Lewinsville Park.
4. All this from a woman who secretly discussed selling McLean High School Park, a little wooded stream valley gem surrounded by R-4 development, so that other parks could be enlarged or funded.

The Undercurrent is left with one perplexing question, the above conclusions being rather clear. Why would Jeannemarie Devolites associate herself with someone who is a liability to the Republican Party in Northern Virginia?

Thanks to Our Readers
The Undercurrent wants to thank our readers for their kind e-mails. You know who you are. Hearing that you are "out there" reading is tremendous feedback--keeps us going.

Development in Stafford County
Channel 4 just did a good piece on the prominence of development in this year's campaign for the Board of Supervisors in Stafford County. A challenger has put an incumbent right where she belongs--on the hot seat. He's right: The Board should have bought the pristine Crow's Nest property years ago, while it was still affordable. It's too bad he's a convicted felon and a bad driver. Otherwise, his election might be a slam dunk.

Please read the NY Times article on development. You will gain some insights on how developers see citizen activists and zoning regulations (basically as a speed bump). You can find it at:
http://www.nytimes.com/2005/10/16/magazine/16brothers.html

The Clarksburg Saga
God bless Amy Presley and Kim Shiley--two extraordinary women who have blown the lid on Montgomery County's dysfunctional Planning Department, as well as the "apparently" illegal acts of Clarksburg's developers. They started their battle knowing very little about planning and zoning and, as the Post called it, the "arcane" county planning records and processes. Through "thousands of hours" of research, they uncovered instances of altered documents and roadkilled regulations. Their perseverance has led to resignations from disgraced officials and state and county investigations. Who knows where it will end?

They have been accused of nitpicking! The Undercurrent wonders if that's akin to being a NIMBY--another slur used to describe citizen activists. They were also called "elitist" at a recent meeting. It's amazing what vicious arm-chair critics can come up with.

If you haven't read the article, please do. The link: http://www.washingtonpost.com/wp-dyn/content/article/2005/10/17/AR2005101701895.html

These women are saints. We Fairfax County activists should invite them over for a party to celebrate their good deeds. The residents of Montgomery County may not fully appreciate them, but we sure do!

Yesterday's Cult (err Board) Meeting
The Undercurrent’s mail and phone have been active since yesterday’s Board of Supervisor’s meeting. A couple of things are very clear. The Post’s attention to the vulnerabilities of the supervisors is hitting home at the Taj Mahal, and the supervisors continue to abuse power in every conceivable way to promote themselves and their agendas.

One of the first “annoyances” of the afternoon apparently came during the Moutoux Orchard case, a rezoning that was relatively non-controversial. One person watching on Channel 16 e-mailed the Undercurrent with the following account.

If you were just watching Channel 16 as I was, you would have seen some incredible comments.

A neighbor named Dix (no, not Bob) started his testimony with a slam at the Fair Growth Network because his neighborhood's only case (ever probably) turned out nicely. Reminded me of how many self-absorbed folks there are in this county. Most amazing was his acknowledgment of support from the McLean Citizens Association. I guess he didn't know that MCA is a member of the Fair Growth Network. This is the kind of moronic "head in the sand" attitude that leads us to the BoS representation we get.

The developer brought in a really nice application and had a good land use attorney who is known for his flexible negotiating style. There were some issues, mostly about a road, but they were relatively minor. Lots of green space is being saved; the density is low; and the design respects the land. What was there not to like? The true test is the controversial case--not the no-brainer.

Both Supervisors Connolly and DuBois made snarly references to Friday's Post article on the network. Connolly actually said "It's amazing what can happen when people work together." Duh! Did he just figure that out? This from a man who has claimed in the past that his cases get to hearings with no controversy.

Then we got a call from someone who was at the Goat Farm hearing. For those of you who don’t remember, the developer (Batal) intentionally destroyed trees in the tree save area that had earned him his rezoning in the first place. During the hearing, one citizen pointed out that the neighbors to the property had been the first to spot and follow up on the violation, and she thanked them for their efforts. She also stated that the citizens had spent quite a bit of time negotiating acceptable solutions with the developer’s representative over the weekend. As she left the podium, when she could no longer speak, Supervisor Smyth responded County staff and her own office were responsible for first realizing the damage and subsequently negotiating a solution (or words to that effect). What was she smoking? Her statements, made without any fear of correction, were so patently false that it reinforced the notion of many of her constituents that she doesn’t respect the truth. She has certainly made clear that she will never thank Becky Cate for her tireless work to save our environment; she’s too petty.

After the testimony, all the supervisors had a group hug, complimenting Linda Smyth on her magical negotiating powers and saving the county from evil developers. We assume they all drank the same Kool-Aid during the multi-hour break in the conference room.

Harriet Miers
Do you wonder why the right-wingers and certain liberal columnists (like Maureen Dowd) are out for blood on the Harriet Miers nomination to the Supreme Court? Do you wonder if it would be different if she were a man? Do you wonder whether her lack of court experience really makes a difference? Do you wonder whether her notes to the president, rather typical for a woman her age who was a product of a cultural phenomenon in the South that prized such "feminine" upbeat expressions, really reflect her suitability for the court? The Undercurrent does, and we don't like the reactions we have seen. Message to the media and the Senate: Let's find out whether she's qualified for the position. Her private life should be off limits. If you really believe in equal rights, you need to understand how her upbeat feminine persona may add a touch of friendly humanity to the court.

Do we support her? We don't know. What we do know is that the focus has been on the wrong things.

What Constitutes Objectivity?
This morning, the Undercurrent was surprised to open the Post Weekly section to find the strangest imaginable selection of comments from its Fairfax County community blog. If the Post had selected a sample with the same proportional representation as the comments that were posted, there would have been one pro-development, pro-supervisors comment, and the rest would have demonstrated that the supervisors are vulnerable on development issues. This has been clear from reading the blogs.

Instead, the Post chose to use comments that were equally balanced. That leaves the reader of the Post print edition with the idea that the supervisors are not vulnerable and that citizens think the rapid development of the county is "hunky dory." Their attempt at objectivity fell short, but many people believe that's typical for the Post.

Even more interesting was their selection of certain comments that were thoroughly discredited by readers, without any attempt to play "Point Counterpoint." Disingenuous, we thought.

Perhaps they will pay attention to the revolution when the shooting begins (a metaphor, of course). In the meantime, thoughtful citizens who care deeply about their environment and quality of life will continue to turn to the local papers for the "real news."

Rebuilding the World
The Undercurrent just heard on the news that our country has promised help to Pakistan to rebuild the earthquake-ravaged areas of that country. With extreme sympathy to the victims and their families and friends, no way! We cannot continue to be the world's deep pockets. We have almost insurmountable needs in the Gulf Coast region. We have poor people all over the country who are homeless. We have rich people on the Gulf Coast who are homeless. We have businesses with no way to rebuild. We have poverty that must be addressed throughout the country. Additionally, we seem already committed to rebuilding Iraq--despite their potential to make money for oil.

With the caveat that humanitarian rescue assistance is the right response, we must put the world on hold and focus on our own citizens. Let the rest of the planet's countries chip in to "rebuild" Pakistan. It's time we stepped back and dedicated our resources to our own citizens whose needs are unmet.

Open Season on Pedestrians
How many pedestrians must die at Seven Corners before our Board of Supervisors acts? Why is there a bus stop with no sidewalk--just a grassy slope that has to be slick in the rain--leading up to it? Is the Board practicing some kind of discrimination by its multi-year failure to act? You know the attitude: "Those people" over there are poor, and some of them are illegal, and they don't make much noise as citizens. We can ignore the deaths. Where's Penny Gross?

Why are there no sidewalks on some streets immediately adjacent to Metro stations? Are they really walking the talk with respect to making Metro accessible? Where's Joan DuBois?

Why have the supervisors and VDOT done nothing while Route 7 has become choked with traffic? Thanks to the Post, we know that answer. They don't want to slow traffic on that busy commuter route. Where's Linda Smyth?

A related question: Why do the supervisors continue to approve new development in Merrifield and elsewhere without regard to bike lanes? It's not just a case of group think. It's a conscious decision to ignore the power they do have to require developers to provide transportation improvements. Where are Gerry Tysons Connolly and Linda Smyth?

Board members will tell you that they don't have enough money to build sidewalks or trails. Baloney. As we are all reminded each time we pay our property taxes, there's enough money. The Board spends it on other "priorities."

This board deserves an "F" for their attention to non-motorized transportation. With this latest death at Seven Corners, they need to check their collective conscience and act.

How Local Jurisdictions Treat Their Residents
The Undercurrent is impressed. Today's Washington Post Metro section has an article titled "Laborer Center Derailed in MD." The article tells us that neighborhood opposition has derailed plans for a day laborer center in Gaithersburg. Here are a few quotes.

"...As opposition grew, city officials appeared hesitant to proceed."
"In Gaithersburg, county officials elected not to go against a Herndon-like tide of opposition."
"Katz...realized that the city had failed to include enough residents in the discussion."

This blog isn't about day laborer centers; it's about local government reaction to its citizens' concerns. We applaud the city of Gaithersburg for listening and for setting an example that Fairfax officials should emulate.

Whether the Maryland officials believed they were doing the right thing or not (and they must have originally thought they were doing the right thing), they stopped and listened. How unique!

The residents most impacted voiced quality of life concerns similar to those voiced by the residents of Herndon. In Herndon, the city council pressed ahead, with the full financial and "moral" support of the County Board of Supervisors. They steamrolled the people who would be impacted, as well as those who have problems with the use of tax money to aid illegal immigrants. In Gaithersburg, they decided to stop and listen.

In McLean, the Board of Supervisors has never agreed to listen at a public hearing to the neighbors who had concerns about the regular use of a public field by a private university. In fact, when the Virginia Supreme Court put a roadblock in front of the Board, they decided to appeal and fast-tracked a change to the Zoning Ordinance--all to avoid a public hearing.

The contrasts are stunning.

The Undercurrent's Mail
We got this request from a reader. First, the e-mail, and then our response. Sadly, as much as the collective "we" would like to help, we don't have much useful advice to offer. If any of our readers can offer suggestions, please e-mail us at fairfaxuc@livejournal.com.

I am not sure if you can help. Congressman, state reps, governor, or even Penny Gross cannot help me in this, maybe you can.

In May I applied for a building permit to expand the second floor of our cape cod home located on Rock Spring Avenue in Falls Church near Bailey's Crossroads. After much running back and forth, I was issued the building permit (Submitted May 8, permit issued May 18). On June 21, the permit was revoked, and a stop work order was issued - with no roof on the structure. I was told that I was given the permit by mistake and I should apply for a Special Permit (error in building location). Well I tried to get permission to at least install the roof, windows and the siding - because it was raining every other day and the rest of the house was being totally destroyed due to water damages. I tried to plead my case stating that we live in the house with our children and the mold and mildew, the falling plaster, there is no electricity in most of the house and the ceilings in the lower rooms are falling down. FFC officials told me that "the welfare of me and my children are not their concerns", and that If I install the roof I would be prosecuted.

Well, I put the welfare of my children over the fear of the county and installed the roof, windows and siding - My husband and I was served and we went to court on the 23rd September, fined $5000.00. On October 6, was told by the county that we will be receiving a citation giving us 30 days to tear down our home. Oh well, we should at least be proud we live (even if it is on the street) in the nation's richest county.

Is there anything your organization can do for us?

I am applying for a special permit, but until it is approved - I am at the mercy of the county and its magistrates and commonwealth attorneys.

To our reader, we are not an organization--just a small group of bloggers with a keen interest in our County.

That said, it strikes us that the County is legitimately enforcing its zoning district setbacks. Violations of setbacks have become a hot topic for county residents. It's pretty clear to us that someone complained; otherwise, we doubt that the county would have figured out that you had erred with building location.

We are appalled, however, by the county's alleged insensitivity in dealing with your case. They should give you enough time to fix the problem--not ask you to tear down your home. After all, they didn't force Mr. Batal to regrow the monarch trees he cut down at the Goat Farm. That case is still winding its way through the zoning process.

We hope you had a licensed engineer and architect. If so, they may have failed you, and, as an attorney, you should know your rights with respect to the agreements you had with them. Now, you need a land use/zoning/local government attorney who can help you with the various options you have. If what you wrote is true, you need a specialist with a track record. Will it cost you? Yep.

We are also not sure you need a special permit. You may need a variance. Your attorney, who should have all the details, can help you with that. Be warned, though, that variances are almost impossible to get at the moment (due to the Cochran case, as decided by the Virginia Supreme Court, and the Fairfax County BZA response to it).

To all of our readers: We published this because of the disparity in the County's treatment of big developers vs. "just taxpaying citizens." Perhaps the homeowner here was wrong; we don't have enough information. Regardless, we do know that a big developer wouldn't be tearing down houses (think Clarksburg). There would be a very long process in which the developer would be represented by a big-gun attorney. Can't we level the playing field?

One more thing...Penny Gross should have been able to help this person. She is the elected representative. She is the go-between with county staff. She should be negotiating for fair treatment of her constituents. We know of one other case, the "Azalea Garden," where Supervisor Gross is currently dropping the ball, favoring one set of landowners to the detriment of another. Could it be that she has lost her touch?

We Got Mail about Hunter Mill!
In response to our post this morning, we received the following reply from one of our readers. Thanks!

Fairfax Undercurrent. You are absolutely right that what happened at the "visioning" exercise itself shows the bias of the Board and its attempt to herd citizens like sheep, but we should also step back a minute. Let's ask some questions about the run-up to the meeting.

The County promised at the 9-4 Task Force meeting that all the stops would be pulled out to inform the public of the 10-1 "visioning" workshop. What exactly did they do?

As far as I have heard they advertised in the Thursday Post's Fairfax Extra and the local weeklies two whole days before the Saturday meeting.

There were also a total of two e-mails sent about one week and a couple days before the visioning event. It is my understanding that these were just sent to citizens who registered when attending prior Task Force meetings and provided their e-mail addresses.

Did the County circulate word through HOAs and CAs? I'm an officer of a civic association. As far as I know, there was no effort to contact civic associations to get the word out. As far as I know the County did not ask the Federation of Fairfax Citizens Associations or the Providence District Council or even Fair Growth to help get the word out. There's also a post on one of the Fairfax Blogs (http://blogs.washingtonpost.com/fairfaxfocus/2005/09/hunter_mill_roa.html) that the new www.FairGrowthNetwork.org website twice offered space on its home page for this, but that the invitation went unanswered.

At the 9-20 Task Force meeting, the consultant expressed concern that "what if 600 people show up" and he didn't have enough facilitators?

I think the County planned it to try to make sure 600 citizens didn't show up. It is a tribute to those who worked so hard to get the word out that 250 people did show up. On 10-17, we need to show up in even larger force!

Hunter Mill
Last weekend, Fairfax County sponsored a "visioning workshop" for properties surrounding Hunter Mill Road on the north side of the Toll Road. You tell us how "objective" you think it was by e-mailing fairfaxuc@livejournal.com.

First, the Hunter Mill supervisor kicked off the session by lecturing the attendees. She berated them for their lack of enthusiasm about the "opportunity" to design a future they don't want. We wish the general public had been there to see Supervisor Hudgins' little tantrum. It was a window on the soul of the Board of Supervisors. Were Connolly and DuBois right behind her (so to speak)? You bet.

Second, the out-of-state developers who proposed the massive changes to the comprehensive plan participated. Hello, Board. Was this about community?

Third, the facilitators closely "controlled" the process and probably the outcome--no doubt at the direction of the county that hired them. One subgroup had a developer's representative in it, and, as a result, that subgroup was prevented by their faciliator from reporting the majority opinion that there should be no change to the current comprehensive plan. One profit-oriented agent for the developer threw a monkey wrench into what would otherwise have been a consensus. While facilitators should strive for consensus, they are not supposed to be impediments to the will of the group, and they are supposed to be smart enough to recognize and deal with self-serving interests.

Remember, this was an exercise that initially excluded the neighbors of the proposed development. Can anyone tell us that the process was fair?

The Uninformed of Fairfax County
The Undercurrent has a little to no tolerance for couch potatoes who express their opinions without any facts to back them up. If you want to see a great example, go look at the comments on the Post's recent blog on development and the supervisors.
http://blogs.washingtonpost.com/fairfaxfocus/2005/09/is_the_board_of.html#comments
We thank the Post for the entertainment.

Our observations on a few of the comments follow.

Fred, for example, says that people who live in McLean and Great Falls are "greedy." I guess he doesn't realize how much they give to charity, how much time they volunteer to our county's many civic and charitable organizations, or even where they live. Fred should take a drive through the 22101 zip code and look at the large number of 1950s ranch houses where all those "greedy" people live.

Gem thinks we should all help her live closer to DC than West Virginia. Gem apparently considers that there should be plenty of starter homes inside the beltway. Gem doesn't understand market forces. The Undercurrent had to buy that first house in the boonies and then wait for years before being able to build up equity and move closer in. That's just the way it is.

David in McLean thinks that civic activists have tunnel vision and need to become part of the solution. Apparently, David has never gotten his butt over to a civic association meeting. If he had, he would have seen that citizens are trying hard to be part of the solution, but they are being ignored by their elected and appointed officials.

Then there's Carmen from Fairfax who railed against those who have the time to devote to causes that are important to them. Apparently, Carmen doesn't get vacation benefits at her job.

These inane comments make you wonder whether the "in crowd" (as in the sup's friends, employees, and neighbors) got on the Internet tonight. Or, do we have a budding socialist movement in Fairfax County?

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