Minutes for May 2003

The May 7, 2003, regularly scheduled monthly meeting of ANC-3D was called to order at Sibley Hospital’s Ernst Auditorium by the chairman, John Finney, at 7:30 pm.

Commissioners Gates, Shapley, Heuer, Mullane, and Polk were present. Commissioner Hamilton was absent. Approximately 23 others attended.

COMMUNITY CONCERNS

1. Police Report
Officer Kennedy gave the police report. There were 34 crimes in April, a lower figure than the previous month. The speeding on Arizona Avenue and Loughboro Road yielded 18 violations and warnings served. On MacArthur Blvd. there were 11 speeding notices served. The data on staffing for the midnight shift, a recurrent concern, was not available.

2. Citizens
2.1 Ed Dixon, a resident in the Georgetown Reservoir area, raised the issue of excessive usage of the local public school’s playing field by organized groups from outside the community and its adverse impact on both the neighborhood and the field. Commissioner Polk added that he had received several e-mail comments to this effect also.

2.2 George Watson, resident of Wesley Heights, raised the issue of DC's  careful handling of garbage cans and the careless handling of recycling bins by Waste Management, resulting in the breakage of the latter. Sharon Campbell seconded this problem. The Chairman responded that a note could be addressed to DPW relative to Waste Management's handling of recycling in Ward 3.

2.3 Several residents near 3709 48th street raised their continuing complaint about this home now rented to six American University students who create public nuisance and disorder and who do not maintain the property in good order. Richard and Andrea Blake, Ross Atkins, and Pierre Abushakar spoke to this issue, about which they have been in contact with Commissioner Shapley   She had alerted the police and also talked with officials of the university with a view to expediting compliance by the students with neighborhood standards. There has been at least one other similar case, concerning 47th street apartments, which was resolved. Lt. Sullivan had reported on her review of the file on the 48th street property last month. Some dozen residents have signed a letter of complaint to the absentee landlord. They emphasized that the neighborhood now has some 40 young children, which is representative of the demographic change happening in Spring Valley. A mediation meeting has been proposed by American University. Commissioner Polk recommended use of a hotline to the university security police if AU has such a mechanism. The national office of the Fraternity, to which the students belong, has been brought into the case and put them on notice.

INVITED FEATURED PRESENTATION
3. Department of Parks and Recreation.
3.1 Neil Rodgers, Deputy Director of the DC Department of Parks and Recreation, responded to the commission’s questions about deleterious usage of public playing fields by private sports teams, mostly soccer teams. He said that DC has never charged groups for usage of public playing fields since 1975 and that he would need a letter citing adverse usage to trigger action by the department to cite the team for violation of its permit. He emphasized that permits were revocable. The government is trying to develop more public playing fields, especially in parts of the city now underserved, such as Anacostia. It is hoped this will relieve the pressure on our area’s fields. The department views all permit applicants equally and gives no preference to users living in the park’s actual neighborhood. This fact was greeted with some shock and dismay by several commissioners, especially as the neighborhood has donated considerable funds to improving the fields and residents were unable to use the park for non-organized recreation when so many organized games were scheduled. Discussion centered on the fact that some well-organized groups get more permits than they need and sub-let them and that the traveling league games inflict the most damage to fields.

3.2 Ward 3 Councilmember, Kathy Patterson, has begun an action to transfer some fields, such as Fort Reno and in Rock Creek Park  to the jurisdiction of the Department.

3.3 Commissioners raised again the desirability of negotiating with the Department a Sunday exception to permitted organized sports leagues to allow for ad hoc neighborhood usage. There is a conflict between the optimal timing for league play and residential recreational usage, as they both occur at the same time of day and week. Commissioners also emphasized again that private schools should pay to use public fields.Mr. Rodgers noted that a school’s lease is not a mechanism for gaining payment specifically for field maintenance. They requested that a better scheme of community notification of the permit schedule be devised, both awareness of when applications are taken and then what schedule has actually been permitted for a given playground. Mr. Rodgers  acknowledged that there was over-permitting and over-scheduling, leading to period of actual disuse by groups. The application period for spring starts in January and July is for the fall season. The community would have to apply for permits for itself. The Commission will write a letter  to the department with its recommendations.

3.4 Other points from the community were (1) the experience of the NW Washington Little League Baseball, offered by Jim Morrow, Spring Valley resident; (2) the suggestion of delegating more authority (including levying of penalties) to the local recreational park director, offered by Linda Brackett, resident near Hardy School playground; (3) the experience of Georgetown Day School, offered by Katie Lindsay, its Chief Financial Officer, which had offered its parking lot to users of  field at Hardy  to relieve the neighborhood. (5) the value of a Memorandum of Understanding on usage and maintenance between the Department and the National Park Service,
attested by ANC-3F Chairman, Cathy Wiss, of the Tenleytown area; (6) the need for a position paper by the ANC on this issue, especially on how to use the Enterprise Fund and other donations, as recommended by Ed Dixon, member of Friends of Hardy Field; and (7) the need to coordinate the optimum season for re-seeding maintenance and the major playing seasons, as recommended by Kent Slowinski of Foxhall Village.

3.5 Mr. Rodgers noted that their FY03 budget of $31M had been reduced by some $2.6M and they actively supported using the Enterprise Fund and donations to it. He agreed with Mr. Dixon’s remark that the Fund’s monies could be earmarked and carried forward from year to year per the
Recreation Act of 1994.

COMMISSION AGENDA

4. School Carpools and Traffic.
4.1 Peter Barrett, Headmaster of St. Patrick’s Episcopal School, had sent to each commissioner a detailed paper of his school’s handling of pick-up and delivery of students by parents. The Chairman commended him for this and welcomed the turn-out of representatives from the local private schools in response to the ANC’s invitation to this meeting. Mr. Barrett reported on the schools’ developing a collective response to the problem for public traffic in the area. They have met informally once and will meet again. He emphasized that any traffic study should include the volumes during non-school times, as that is quite heavy now.

4.2 Tony Barnett, the director of aquatics at the Lab School, representing the Operations Director, Peter Braun, affirmed their willingness to join in this effort and reappraise their procedures. They do use a hired, off-duty policeman to guide school traffic on a limited basis.

4.3 Kate Lindsay, CFO of Georgetown Day School, described their routine and experience with off-duty police help (10 a week at two campuses, 2-3 for carpool time, with city tickets to penalize parents violating parking signs). She recommended focus on fixing the sequencing of the traffic lights to maintain the flow. She also saw the need to study the non-school volumes of traffic.

5. Wesley Heights Macomb Street Parking Restriction.
5.1 Commissioner Mullane presented his case for applying for Residential Permitted Parking on the 4400 block of Macomb street, which runs along one side of the Horace Mann public school’s property. He will circulate a petition among his neighbors. This block has become a problem for the residents living along Macomb Street because commuters use it when school is not in session.

6. Foxhall/44th Street Stop Signs.
6.1 Commissioner Polk presented his case for applying for new traffic-slowing measures for 44th Street as it runs from MacArthur Blvd.to Reservoir Road, which is now used as a commuter byway for Foxhall Road. He has collected 57 petition signatures from more than half of the residents. The petition is for 3 stop signs (Volta Place, Que Street, Greenwich Parkway) and for new cross-walks across 44th street at the intersections of P Street, Volta Place, Greenwich Parkway, and Reservoir Road; and a speed limit sign and “SLOW, CHILDREN” sign on the 1500 block of 44th street. All present on the Commission voted to approve this request of the Department of Transportation 6-0-0. (See Attachment.)

7. Liquor & Restaurant Licenses.

7.1 Ace Beverages, 3301 New Mexico Avenue, NW, Liquor License Renewal #184: Upon application by John Siegel, the ANC voted to approve renewal of their license to sell liquor. The vote was 6-0-0, with one member being absent.

7.2 Bambu Restaurant, 5101 MacArthur Blvd., NW, New Liquor License Application #50236: Upon application by Suchen Chen and Robert Golfman for Bambu Restaurant, the ANC voted to approve their permanent license. The vote was 6-0-0, with one member being absent. The owners reported on their completion of the promised screening of utilities on the roof, the diminution of related noise, and the attention to compliance by garbage contractor for clean and complete pick-up. Commissioner Gates said she would review the situation to ensure that the screening of the air conditioner and fan units was as complete as could be from the vantage of the Dana Place neighbors adjacent. Citizen George Watson noted the presence of pooling water in front, which is a water management issue is to be pursued by the restaurant and Commissioner Gates.

7.3 Bassin’s MacArthur Liquors, 4877 MacArthur Blvd., NW, Liquor License Renewal #211: The Chairman recorded this application, and the Commissioners present approved it 6-0-0.

8. BZA Appeal #16679, 3020 43rd Street Home.
8.1 J. Patrick Brown, attorney acting on behalf of the Spring Valley & Wesley Heights Citizens Association, presented the case for the new action to appeal the building permit granted on October 11, 2000 for additions to this home in Wesley Heights. (See attachment.) This is a long-running case, which has involved 5 permits relating to overlay restrictions, front yard set-back, and other variances. There are new grounds for action to challenge the BZA (Bureau of Zoning Adjustment) decision as being inconsistent with its own order in the case. It was noted that the ANC had entered 10 letters in support of the citizen association's case over the years. Mr. Brown asked this Commission to approve re-submitting those letters as part of this appeal. The
Commission voted to approve this action 6-0-0. The Hearing will occur on June 10th, 2003.

9. St. David's Episcopal Church Nursery School.
9.1 Commissioner Shapley, a vestry officer of the church, informed the Commission that St. David's would be forwarding a letter to the ANC about this project, which the church believes may be done as a matter of right and does not require new zoning permits.

10 Abandoned Car on Que Street, Foxhall.
10.1 Commissioner Polk informed the Commission of his effort to resolve the problem of the car, which has been parked on Que Street in his district since December 2002. The problem of such abandoned cars is systemic in DC.

11. Chairman's Actions.
11.1 The Chair's request to comment on the value of Tree/Slope Overlays was discussed and agreed. This comment responds to an inquiry by Zoning Commission.

12. ADMINISTRATIVE AND OTHER BUSINESS
12.1 The minutes of the April meeting were approved, with the amendment to clarify ownership of the Hardy School playing field.

12.2 The treasurer's report from Commissioner Heuer was presented. The Commission is solvent, with a balance of $15.8K, which includes the allotment for the 3rd quarter.

The next meeting of ANC3D will be Wednesday, June 4, 2003.