Issue Position: Community Concerns

Issue Position

Every person I've worked alongside, all the residents who've shared their concerns when I've knocked their doors, each experience of daily living over the 40 years I've lived here in Fairfax County will continue to shape my legislative agenda. I remain committed to the hard work and constant learning it takes to develop effective solutions.

Both Annandale and Springfield are places of great stability where people have lived in the same home 30, 40, 50 years, and more. They also are both places undergoing significant change. State laws need to accommodate positive cultural differences that will strengthen our communities. However, there is also great need for state, local and federal officials to work cooperatively to protect public safety and the values that make our communities such great places to do business and raise a family.

Like most Northern Virginians, we are very concerned about congestion, over-crowded and aging transit, intersection safety, cut-through traffic, and lack of basic maintenance. However, communities throughout the 39th also are heavily impacted by regional megaprojects. We bear the direct brunt of 30% of the Beltway HOT Lane construction, Engineering Proving Grounds access for 8,500 transferred workers, and Fairfax County Parkway completion.

Thanks to the help of active citizens, I was able to get $94 million diverted from projects shutdown elsewhere in Virginia for enhanced HOT Lanes soundwalls, reforestation and landscaping. Working with Governor Kaine we were first in line for $60 million of federal stimulus funds to complete the Fairfax County Parkway as designed 15 years ago and divert industrial traffic from Rolling Road. 2008 Secondary Road 6-Yr Plan Testimony

Despite the success, it's a battle that underscores the disregard for citizen concerns that results when lack of state transportation funds keeps the State from going beyond what private, federal, or local funders can or will do.

BELTWAY HOT LANES

On the plus side, this private, for-profit project will provide a transit corridor between Tysons and I-95 at Springfield. In addition, the expansion will take only 12 properties compared to over 300 in the original VDOT design. However, the neighborhoods impacted by noise, loss of trees, and cut-through traffic will benefit least. Just two examples:

* Cut-through Traffic -- State funds are directed at replacing aging overpasses and building the ramp to connect the I-95 HOV lanes with the HOT Lanes. Design cost savings in constructing the HOT Lanes themselves resulted in no local access at Rt 236, at Rt 50, or to Fairfax Hospital from the south. Not only am I working to control neighborhood cut-through traffic during construction, lack of access means pressure must continue to have VDOT spend their limited funds to control cut-through traffic. HOT Lanes Public Comment and 2008 Secondary Road 6-Yr Plan Testimony

* Soundwalls -- The contract with the private operator only requires soundwalls be built to minimum federal standards and does not require landscaping beyond slope stabilization and retention ponds. Most of the $94 million I got will go for soundwall extensions all along the 15-mile corridor.

Landscaping/Reforestation -- Although I am fully involved with concerned citizens and Fairfax County and Virginia representatives to maximize native species re-growth, the $5 million set aside for landscaping is minimal for what needs to be done. I am also determined to have actual landscaping at three key spots outside the soundwalls compatible with the neighborhoods of North Springfield, Bristow Village, and Lafayette Village.

BRAC

Engineering Proving Grounds (EPG) -- What a shock when the Army announced in July 2006 that by September 2011, 22,000 employees would be moved to Ft. Belvoir -- 18,000 of whom would work at EPG. My testimony before a BRAC review panel quickly convened by Congressman Davis and Congressman Moran expressed grave concern not only about the number of jobs but how their analysis of traffic didn't reflect actual commuting patterns, especially regarding cut through traffic on Backlick and Rolling roads but also the fact that many of the transferred employees had transit access. When I later met with the Assistant Secretary of the Army (an old friend) in his Pentagon office, I saw their map didn't even show the Greenspring Community.

In the many meetings that followed such as the Draft EIS hearing and the continued regular meetings with those of us who represent the area, the traffic concerns raised got the number of jobs at EPG reduced to 8,500 National Geospatial-Intelligence Agency employees who will be working around the clock. Four of the five essential "bolt-on" connections to EPG with surrounding roads will be built and paid for by the Army. Unfortunately, my request for funding a grade-separated interchange at Neuman to replace the Spring Village Dr / Bonniemill intersection did not meet the federal BRAC-impact policy threshold. I continue to press for increased connections with transit.

Springfield Re-development -- A large number of private contractor support jobs will follow the shift in defense personnel. Supervisor McKay is determined to make the Springfield Mall property a quality, urban, transit-oriented re-development, which will include Class-A office space and walk-to Metro highrise residential units. Senator Barker and I are working with him to get the necessary VDOT review to fully consider the role of the existing transit and interstate network in diverting and/or shortening worktrips.

Spring Village Dr / Bonniemill -- When the Fairfax Parkway was built over 20 years ago, it was determined that a grade-separated intersection was needed for the safety of existing neighborhoods. With over 2000 residents now in Greenspring Village, it is even more critical. The re-signage to improve the safety of left turns across 4 lanes of on-coming traffic is a poor substitute for what should be done.

HOMEOWNERS ASSOCIATIONS

Although unemployment is low in Northern Virginia, many households are being hit by loss of income from fewer customer sales, cutback in work hours, losing a job, and even losing their home. As foreclosures increase, neighborhoods become concerned about the effect on the rest of the community. I am preparing 2010 legislation to treat unpaid homeowner association assessments for government level services the same as real estate taxes in foreclosure settlements.

REAL ESTATE TAX RELIEF

I will continue fight for increased state funds for Fairfax Public Schools, by changing the unfair distribution formula and by using every opportunity, as I did in 2004 when my vote for the budget compromise was conditional on a permanent annual increase equal to almost 1-cent on our real estate tax rate. I believe Fairfax County should no longer be forced to keep the tax structure of a rural county which focuses almost solely on real estate taxes, but should be treated as a city.

The income limit for real estate tax relief that can be given by local governments is controlled by state law and I consistently have voted to increase it. If you are over 65 or disabled and have a gross household income of less than $72,000, go to http://www.fairfaxcounty.gov/dta/tax_relief.htm to determine if you may qualify for full ($52,000) or partial (up to $72,000) relief. I am trying to come up with a way to include small businessmen and people under the annual income limits who must fund their own retirement out of their investments which are currently limited to $340,000 excluding their residence.

CONTRACTORS

Based on voter complaints, in 2008, I got bill passed to put suits against un-licensed contractors under the Consumer Protection Act which allows history of offenses to come into evidence and provides for triple damage, court costs and attorney fees for willful violation. I also got legislation passed in 2004 to make it clear that a contractor who does not have the proper Class A, B, or C license for the job can be fined up to $500 a day.

ILLEGAL IMMIGRATION

Illegal immigration is a problem that exists because federal immigration authorities are not doing their job. Our borders are porous; illegal aliens brought to ICE by local authorities are routinely released back to the community unless they have a criminal record; and federal laws against employing illegal aliens are virtually un-enforced. Since under the Constitution, only the federal government has the authority to deport, we on the state and local level are left with a mass of problems to preserve our communities.

While I have introduced bills to create new state authority to fight gangs, enforce building codes, place significant fines on employers who use illegal aliens, and control loitering, I firmly believe we must constructively engage the incredible determination of law-abiding residents to build a new life for their families. Absent increased federal action to deport, my focus has been and will continue to be protecting public safety and health. I voted for HB1798 in 2005 to deny government services only after determining that, under federal law, it would not apply to life-threatening situations or to services that protect public health such as tuberculosis screening and treatment. I am determined to prevent criminal activity, including human trafficking, from becoming entrenched through victimizing non-citizens and posing a greater and greater threat to the community at large.

In-state tuition should be limited to Virginia high school graduates whose the parents or they themselves have paid state and local taxes in Virginia for at least 3 years and have applied for legal residency. These provisions are used in other states and parallel Virginia's requirements, which were defined by a study I chaired in the 1980's, on whether any student must pay out-of-state tuition.

MULTI-FAMILIES IN SINGLE FAMILY HOMES

No one can or wants to outlaw the Brady Bunch. Therefore, in 2002, I drafted a bill limiting only the number of adults living in a house based on zoning categories. Because it's not based on the family relationships, it would be much easier to enforce than Fairfax County's current ordinance. Because it doesn't discriminate against families, it meets the requirements of federal Fair Housing laws. Because it's based on public health and safety issues related to the sewer and water capacity when a subdivision was originally zoned, it is constitutional. The bill did not exclude adult visitors with a legal residence elsewhere and adult children or parents of the homeowners. In the 2003 Session it faced the strong opposition from realtors and never got out of committee.

Instead, what I saw going door to door in 2005 led me to work closely with Supervisor Dana Kauffman who initiated the Fairfax County Strike Force to enforce zoning violations. In 2007, I got HB 466 passed to allow the County Attorney to not have to start legal action over if the property is sold but the illegal use continues.

NEIGHBORHOOD PARKING

At a civic meeting, one man asked, "Why don't we just prohibit vehicles with commercial license tags? It'd be easy to enforce." I discovered it also would allow Fairfax to control street parking of vehicles weighing over 7,500 pounds, rather than only over 12,000 pounds under current state law. However, the Transportation Committee summarily dismissed my bill (HB765 - 2002), declaring Fairfax County already had the authority to ban parking large vehicles from any residential street if they might interfere with emergency vehicles. The challenge is to get VDOT to agree with Fairfax Board decisions. In 2003, my bill (HB2248) went after repeat violations also didn't get out of committee, despite strong bi-partisan support.

BLIGHTED PROPERTIES

It was a long time in coming for Ravensworth, but action was finally taken in 1999 to fix up the abandoned house, they had lived with for over a decade, and put it back on the market. It was the first time the County took action under the enabling legislation I got passed in 1996 (HB1062). Fairfax County has since used the procedure in many instances where a house has been condemned for human habitation for more than one year. My legislation allows the county to repair the property and recover the costs when the property is sold.

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