McLean Citizens Association
Board of Directors Meeting
November 7, 2012 Minutes
Officers (6)
President
First Vice President
Second Vice President
Treasurer
Recording Secretary
Corresponding Secretary
Sally Horn
Joe Gibson
Darren Ewing
Bill Crosby
Louise Epstein
Kathryn Woods
present
present
present
present
present
present
Board Members Representing Associations (20)
John Adams
Georgetown Pike & Potomac River
Richard Beltson
The Palladium at McLean
Donald Borcherding Brookhaven Forest Villa
Michael Davis
Evermay
Steve DelBianco
Franklin Area
Bill Denk
El Nido
Louis (Bud) Freeman McLean House North Council
Jane Greenstein
Chesterford
Glenn Harris
Shouse Village
Bruce Jones
Lemon Road
Russell Moss
Rotonda Condominium
Kathleen Partoyan
Madison of McLean
Jim Robertson
Evans Mill Pond
Suzanne Samuels
Langley Oaks
John Schaefer
McLean Broyhill Estates
Behram Shroff
McLean Hamlet
Gary Soverow
Lynwood
Kerry Stackpole
West Lewinsville Heights
Jim Turner
McLean Hunt
David Wuehrmann
Ellison Heights-Mt. Daniel
present
present
present
present
absent (excused)
present
present
absent (excused)
present
present
absent
absent (excused)
absent (excused)
present
absent (excused)
present
present
absent (excused)
present
present
Board Members At-Large (14)
Roshan Badii
Jeff Barnett
Tom Brock
Frank Crandall
Rob Jackson
James Phelps
Jane Price
Ed Saperstein
Jane Scott-Jones
Patrick Smaldore
Thomas Stoll
Nicki Watts
Armand Weiss
Mark Zetts
present
absent
present
present
present
present
absent
present
absent (excused)
present
present
present
present
present
2
Guests who signed in: Naomi Si and Brian Trompeter, Sun Gazette.
Call to Order
Sally Horn called the meeting to order, asked everyone to sign in, verified that there was a
quorum and announced that she would adjust the agenda to accommodate people's
schedules.
Approval of Minutes
The October minutes were approved unanimously by voice vote. Louise Epstein asked
committee chairs to send her copies of the final versions of their resolutions.
Treasurer's Report
Bill Crosby presented the Treasurer's report. See attachment.
Report of the Executive Committee
Sally Horn reported on the planning for the MCA January 2nd Town Hall. All but one state
legislator representing the MCA area have accepted invitations to participate. The General
Assembly convenes the following Monday. The Town Hall format will include time for
questions and answers. MCA will invite local PTAs, the McLean Chamber of Commerce, and
the Tysons Partnership. One issue is state funding for roads in Tysons and elsewhere.
An abbreviated version of the MCA board meeting will start at 9:30 pm after the Town Hall,
and the agenda will only include urgent resolutions.
Joe Gibson asked for volunteers to serve on a bylaws committee. MCA bylaws will be
revised substantially, based on the retreat discussion. One change will allow Homeowners
Associations to join the MCA. Another may change the responsibilities of the 2nd vice
president, to include membership.
MCA appointed Gary Soverow and Louise Epstein to represent the MCA on Supervisor
Foust's Budget Task Force, which also includes Armand Weiss and Ed Saperstein. Gary
Soverow reported that at the first meeting, Supervisor Foust emphasized that he would like
to see the School Board create an Independent Auditor to the School Board. Armand Weiss
has compiled and summarized recommendations from prior budget task forces around the
county, and has provided them to the chair of Supervisor Foust's Budget Task Force.
Sally Horn announced that Nicki Watts had agreed to organize McLean Day, since it is part
of membership outreach. Nicki Watts asked each committee chair and liaison to send her
ideas for new MCA posters.
Darren Ewing and Merrily Pierce are planning the MCA Centennial Celebration and are
working on obtaining proclamations from the General Assembly and Board of Supervisors.
He and Merrily are looking for more volunteers to help organize this event.
3
Membership
Nicki Watts announced that people can now use paypal to pay MCA dues. MCA sent a
mailing to 494 people, which cost $800 in part because of the color map, and will be
sending a mass mailing to all residents who live in the McLean zip codes. The committee
needs more volunteers, especially since the committee is organizing McLean Day.
Budget & Taxation
Gary Soverow reported that the Budget & Taxation and the Education & Youth Committees
both had passed the resolution on an independent school board auditor. Louise Epstein
answered questions and Gary Soverow agreed to several friendly amendments. Darren
Ewing moved to adopt the resolution, Armand Weiss seconded the motion, and all but one
member of the board voted aye and Ed Saperstein abstained. See Attachment.
Gary Soverow asked board members to send him suggestions about the county budget,
which MCA can include in a letter to the Board.
Planning & Zoning
Mark Zetts explained the legal and regulatory background relating to the draft resolution
that opposed the spot rezoning for the Barth property, from R-2 to R-3. The Planning &
Zoning Committee opposes spot rezonings on principle, Fairfax County typically does not
approve spot rezonings, and spot zoning has been held to be arbitrary and capricious.
Bruce Jones provided information on why he supported this particular spot rezoning. The
former owner did not maintain the property, and it needed to be developed. The request
for R-3 rezoning was consistent with the Fairfax County Comprehensive Plan, County staff
recommended approval and this spot zoning would not be illegal.
Mark Zetts responded that the County does not rezone to address lack of property
maintenance. Although the Comprehensive Plan discusses R-2, R-3 and infill, it only
suggests that the area could be zoned R-3, and did not approve the area for R-3 zoning.
Further, the Comprehensive Plan is just a development guideline.
Darren Ewing pointed out that the owners purchased a non-conforming lot because the
seller or his agent misrepresented to them that the county would approve a rezoning, and it
would set a bad precedent to support this rezoning application.
Armand Weiss noted that the local homeowners association supported this application.
Joe Gibson asked about normal county practices when an owner requests rezoning and
offers other proffers in exchange and about whether the owner could purchase a sliver of
adjoining land to build the home without a change to R-3.
Mark Zetts responded that the owner was unable to purchase adjoining land to avoid the
need to rezone. In response to a question by Gary Soverow, he explained that the owner
wanted to sell the old existing home. He also mentioned that the local homeowners
association supported this rezoning in part because the owner did not plan to build to build
a home that would be incompatible with existing properties in the neighborhood.
4
Rob Jackson added that supporting this rezoning application could weaken arguments to
limit density in the Tysons area.
Bruce Jones noted that the owner's proffers included observance of R-2 requirements
(other than density). He also asked whether it was appropriate for an MCA resolution to
include a legal opinion and asked to delete the whereas clause on legality.
John Adams asked about whether the Civic Association that supported the rezoning had
convened a general membership meeting to discuss the rezoning application. Bruce Jones
responded that since responses to the emailed information had been uniformly positive,
the board did not feel the need to convene a general meeting.
Roshan Badii asked why someone would purchase a property in 2011 and immediately
propose to rezone it. Bruce Jones and Mark Zetts explained that the buyers relied on a
verbal representation by a county employee that they would be able to subdivide the land.
Bruce Jones moved to revise the MCA resolution to eliminate the use of the word illegal.
The motion failed, with 5 abstentions.
The motion to support the Planning & Zoning Committee motion passed, with three nayes
(Bruce Jones, Glenn Harris, and Dick Beltson) and four abstentions (Patrick Smaldore,
Armand Weiss, Joe Gibson and Jim Phelps). See Attachment.
Mark Zetts announced that the next case will involve a proposed rezoning on Chain Bridge
Road that has not yet been submitted to the county.
Environment Parks & Recreation
Frank Crandall mentioned that he'd received a letter from Senator Favola and another
individual supporting the MCA de-icing resolution from the last month. The committee also
is working on county staff's handling of Chesapeake Bay exception review items, and the
committee expects to present a resolution about this in the future.
Tysons Corner Liaison
Rob Jackson noted that MCA's efforts may have saved local taxpayers over $400 million.
Public Safety Liaison
Patrick Smaldore asked people to let him know if they had any information about power
outages and that he was participating in a November 15th trip with the advisory committee.
McLean Community Center
Patrick Smaldore reported that the MCC is considering proposals to renovate the building.
The three proposals each cost between $3 and $4 million, and if the concepts from
Proposals A and C are combined, the cost would be no more than $7 million.
Bill Denk stated that the MCC Downtown Committee met separately and hired one
consultant for the MCC building and one for the proposed downtown building. The MCC is
proposing to spend about $8.5 million for the building and up to $15 million for the
5
building plus the land on a downtown facility, which might need underground parking. To
pay for this, the MCC probably would have to issue a bond or increase the MCC tax rate.
McLean Revitalization Corporation
Roshan Badii asked people to read her written report, which she'd emailed, and Sally
reminded other committee chairs and liaisons to please send her written reports about
their committee meetings.
Fairfax Federation of Citizens Associations
Rob Jackson reported that the Federation has completed its legislative package, and
suggested that MCA consider a resolution to increase state overweight truck fees.
Fifty-Plus Liaisons
Joe Gibson met with this group in September, and they are advocating for more programs
for the elderly. Supervisor Foust would like to see programs run by and for senior citizens,
such as the monthly social organized by the Great Falls Citizens Association.
Rob Jackson suggested that MCA Board approve any proposals before MCA supports them.
John Adams suggested that the committee look at the Shepherd Centers. Richmond also
has a program where seniors drive other seniors.
Mark Zetts asked about the Lewinsville Center, and Joe Gibson said that there were plans to
expand senior programs there. Bill Crosby asked about seniors' use of the teen center
during school hours, and Joe agreed to come back with more information after the
December meeting. Jim Phelps asked whether this plan was for people aged 55+ or 75+.
Jim Turner said that the MPC also was interested in senior issues, and the Comprehensive
Plan included senior living.
New Business
Sally Horn emailed Board members notes from the retreat, and many of the ideas discussed
will be implemented. The MCA Board may do a second retreat next September.
Adjournment
The meeting was adjourned.
McLEAN
CITIZENS
ASSOCIATION
TREASURER'S
REPORT
7-Nov-12
Checking Account
DATE
CHECK #
DESCRIPTION
AMOUNT
BALANCE
6
Beginning Balance
$16,488.73
10/3/2012
Additions
10/6/12
Dues
$90.00
10/24/12
Dues
$60.00
Total: Additions
$150.00
Lettercomm Inc. for Fall
$284.50
$16,638.73
Deductions
10/24/12
1163
Meeting mailing
10/24/12
1164
Kathryn Woods for Fall
$450.00
Meeting printing and ad
10/24/12
1165
Tom Sakell for November
$300.00
2012 website payment
Total: Deductions
$1,034.50
$15,604.23
Checking Total Current
Value
Certificates of
Deposit
CD NUMBER
RATE
REPORT DATE
MATURES
AMOUNT
3000102773 APY 1.25%
10/9/12
1/17/13
$5,805.53
3000102774
APY .75%
8/22/12
3/2/13
$5,688.96
3000103064
APY .75%
10/1/12
6/12/13
$5,873.66
CD Total Current Value
Net Worth
(Checking+CD)
Checking
account and
certificates of
deposit are at
SONA Bank in
McLean.
Respectfully
submitted,
Bill Crosby,
Treasurer
$17,368.15
$32,972.38
7
McLean Citizens Association Resolution
School System Financial and Program Audits
November 7, 2012
Whereas, the county's FY 2013 Budget includes a transfer to Fairfax County Public Schools
(FCPS) totaling $1.85 billion, or 52.2 percent of total county disbursements; and
Whereas, the Government Finance Officers Association (GFOA) Audit Committee Best Practice
emphasizes the responsibility of the audit committee to provide independent review and oversight,
and recommends that audit committees have access to at least one financial expert; and
Whereas, other jurisdictions' school board audit committees include voting members other than
school board members, to provide financial expertise; and
Whereas, other jurisdictions' school board audit committees exclude individuals (other than School
Board members) who are currently employed by the school district, or who provided goods or
services to the school district in the prior two years; and
Whereas, the GFOA defines a financial expert as one who, through both education and experience,
and in a manner specifically relevant to the government sector, possesses:
1) an understanding of generally accepted accounting principles and financial statements;
2) experience in preparing or auditing financial statements of comparable entities;
3) experience in applying such principles in connection with the accounting for estimates,
accruals, and reserves;
4) experience with internal accounting controls;
5) an understanding of audit committee functions; and
Whereas, the FCPS Office of Internal Audit does not evaluate FCPS policies, programs and its use
of funding, staffing and other resources to ensure that they are deployed consistent with the School
Board's intent; and
Whereas, FCPS programs are evaluated by the FCPS Department of Professional Learning &
Accountability, which reports to the Deputy Superintendent; and
Whereas, the School Board Audit Committee includes three voting School Board members without
financial expertise as defined by the GFOA and three non-voting managers plus a staff liaison; and
Whereas, the "School Board auditor" is not independent of management because she reports to an
Audit Committee that includes the Superintendent, Deputy Superintendent and CFO; and
Whereas, the Superintendent and his staff participate in the hiring and evaluation of the "School
Board auditor"; and
8
Whereas, the Supervisors' Audit Committee is comprised of four Supervisors plus two community
members appointed by the Supervisors, and includes multiple financial experts; and
Whereas, the Fairfax County Board of Supervisors' Internal Audit Office "evaluate[s] the adequacy
and effectiveness of the system of internal control and the quality of program performance"; and
Whereas, the Supervisors' separate Office of Financial and Program Audit (OFPA), led by the
Auditor to the Board, provides an "independent means for determining the manner in which policies,
programs and resources authorized by the Board of Supervisors are being deployed by management
consistent with the intent of the Board;" and
Whereas, the Supervisors select, evaluate and fire their Auditor of the Board; and
Whereas, the transparency and financial accountability of the school system would improve if the:
(1) School Board Audit Committee included two voting community appointees with financial
expertise within the meaning of the GFOA who are completely independent of management;
and
(2) School Board Audit Committee did not include any managers, even as non-voting
members; and
(3) School Board established a separate Office of Financial and Program Audit, led by an
independent Auditor who is hired and evaluated solely by voting Audit Committee members;
Now, therefore, be it resolved that the MCA urges the School Board to:
(1) add two or more voting community representatives to the School Board Audit Committee,
who are qualified financial experts as defined in GFOA best practices for audit committees
and who are completely independent of FCPS management; and
(2) remove FCPS managers from the School Board Audit Committee; and
(3) establish a separate School Board Office of Financial and Program Audit to perform
functions similar to those performed by the Supervisors' OFPA, and to be managed by an
Auditor of the School Board who is hired by, evaluated by, and reports solely to an Audit
Committee that has no members of management as voting or non-voting members; and
(4) change the title of the "School Board auditor" to "Director of Internal Audit," to more
accurately reflect the responsibilities of that position and clearly distinguish it from the new
position for an Auditor of the Board.
Approved by the MCA Board of Directors
November 7, 2012
McLean Citizens Association, P.O. Box 273, McLean, Virginia 22102
9
McLean Citizens Association Resolution
Barth Rezoning
RZ 2012-DR-012
Tax Map 40-3 ((1)) 0082
November 7, 2012
Whereas, Christopher and Karen Barth are seeking to rezone their property at 7250
Idylwood Road from the R-2 to R-3 residential district; and,
Whereas, the property, consisting of 0.93 acres with an existing single-family dwelling and
detached garage, cannot be subdivided because the Fairfax County Zoning Ordinance limits
density in the R-2 district to 2 homes per acre; and,
Whereas, rezoning to R-3 would permit the applicants to subdivide the property and build
a second single-family detached dwelling, and,
Whereas, the applicants purchased the property in May 2011 with the understanding that
the property could be subdivided; and,
Whereas, a Fairfax County employee verbally advised the applicants the property could be
subdivided with its existing R-2 zoning, however it would take 4 weeks to issue a written
determination; and,
Whereas, the applicants declined to wait for written determination and entered into a real
estate transaction without retaining a lawyer or seeking expert legal advice; and,
Whereas, the Virginia Supreme Court holds that if the purpose of rezoning property is
solely to serve the private interests of one or more landowners, such rezoning represents
an arbitrary and capricious exercise of legislative power, constituting illegal spot zoning,
but if the purpose of rezoning is to further the welfare of the entire county or city as a part
10
of an overall land use plan, then such rezoning would not constitute illegal spot zoning,
even though private interests are simultaneously benefited; and,
Whereas, the applicants are proffering to replace the sidewalk along Idylwood Road
adjacent to their property and grade it to ADA (Americans with Disabilities Act) compliance,
a contribution of $2,679 to the Fairfax County Park Authority and a contribution to the
Housing Trust Fund of a sum equal to 0.5% of the value of the proposed new house; and,
Whereas, notwithstanding the support voiced by the Lemon Road Civic Association, the
public benefit of these proposed proffered conditions is marginal and does not meet the
standard defined by the law; and.
Whereas, approving the proposed increase in property density and proffers would not be
out of public necessity, convenience, general welfare, benefit and value to Fairfax County,
or good zoning practice and precedent;
Now, therefore, be it resolved that the McLean Citizens Association opposes the rezoning
RZ 2012-DR-012 as an illegal spot rezoning.
Approved by the MCA Board of Directors
Date 11/7/2012
McLean Citizens Association, P.O. Box 273, McLean, Virginia 22102
cc: John Foust, Dranesville District Supervisor
Jay Donahue, Dranesville District Planning Commissioner
Ben Wiles, Staff
Christopher and Karen Barth
Fairfax County Planning Commission
Fairfax County Board of Supervisors