The meeting was
called to order by Chairman John Finney at 7:30 pm. Present were
Commissioners Finney, Heuer, Shapley, Gates, Hamilton, Mullane, and Polk.
There were about 15 in the audience.
1.0 COMMUNITY CONCERNS
1.1 There were no matters raised by citizens in attendance. Chairman Finney
relayed notice from Jack Koczela about the need for advocacy for the $10M
capital budget under Department of Parks and Recreation now being considered
to cover the reconstruction of the Wilson High School pool. That this is a
matter of concern to many parents in our area was attested by other
commissioners; however, the commissioners opined that they needed more
information on the project before endorsing a specific budget allotment, and
so the request will be taken up at the Commission’s December meeting.
1.2 Chairman Finney also noted the Mayor’s invitation to the Citizens Summit
on Saturday, November 15th, at the Washington Convention Center.
1.3 Commissioner Hamilton asked after the status of traffic calming measures
in the area, as she was concerned with high-speed cut-through traffic from
Dalecarlia to Nebraska and Loughboro. Commissioner Polk noted the research
done in the past; Commissioner Shapley noted her current pursuit of illegal
parking on residential streets, particularly due to American University
students, including those at the Washington College of Law; and Commissioner
Gates noted her participation in the Residential Parking Task Force section
of the city-wide parking space review and their report and recommendations
expected in December.2.0 POLICE
2.1 Lt. Sullivan from PSA 203 gave a brief report and provided a hand-out on
current statistics. Crime is down, but there were some notable incidents to
remind citizens of the need for caution: “road rage” occurred on
Massachusetts Avenue that involved drawn knives; and burglaries have
occurred in a brazen manner, while the home-owner was at home and using the
front door. Also, there is a rash of bicycle thefts against which the police
are challenging everyone to show their ownership of their bicycles.
2.2 The police undertake a Thanksgiving Day charity called Project Harvest,
and all are invited to bring canned goods to the Second District station by
Saturday, November 18th.
2.3 The manning of the midnight shift is now on par, with four (4) cars on
every shift in deployment. There are good prospects for more police from the
recent academy class.
2.4 The Commission requested the police to station police near the MacArthur
Blvd. Safeway in Palisades at the end of the day as a deterrent. Foot
patrols were deemed the most effective in this regard.
3.0 ABRA Liquor License #3508:
Palisades Market, 4554 MacArthur Blvd.
3.1 The proprietor of Palisades Market, Mr. Song Kim, requested the
Commission’s approval of renewal of his Class B liquor license for on-site
sales. Commissioner Polk led the discussion between Mr. Kim and the
Commission. He reported that he had consulted with neighbors and visited
with the proprietor and favored renewal.
3.2 ANC ACTION
The Commissioners voted 7-0-0 to support the renewal of a “B” license
subject to the restriction of beer sales to six-packs and the prohibition of
single bottle sales. Mr. Kim agreed this stipulation, although it was a
change of his current practice.
4.0 COUNCILMAN MENDELSON’S PROPOSAL ON
NUTRITION LABELING IN RESTAURANTS
4.1 Mr. Mendelson, appearing at his request, presented the rationale for his
proposed legislation, #15-38, “The Nutrition Information for Restaurants Act
of 2003". This law would require larger chain restaurants of mainly the
“fast food” type to label their menu offerings with detailed nutritional
data. He estimates that 79 places of business would fall under this law. He
argued for the public health benefits related to obesity that would result
from this measure. He stated that enforcement would fall under the DC
Department of Health rather than DCRA, which issues permits for such
commercial establishments. He reasoned by extension from the congressional
action for LABELING on grocery store food packages and for cigarette
labeling.
4.2 Commissioner Heuer inquired after the response of business and was told
that they oppose the proposal. She also inquired after the increase in cost
to business, which includes laboratory analysis of each menu item for
calorie and other content. Commissioner Mullane asked “Why not apply the law
to every establishment?” Commissioner Polk asked whether this measure would
really reach the target population, as many would not or could not read such
information. Commissioner Shapley rejected the analogy with groceries
(shopping, not dining; fixed, not variable) and cigarettes (single, medical
effect harm demonstrated); and she criticized the lack of any evaluation
mechanism for the supposed amount public health benefits. She found this
proposal an example of disproportion in public law and the fad for a
nanny-state. Commissioners Hamilton and Gates saw merit in informing people
and increasing awareness of the non-nutritional values associated with many
mass market, fast foods. Commissioner Finney opposed the measure on many of
the same grounds as abovementioned and also opined that there already
underway in society much public education about nutrition and the
undesirability of much fast food.
4.3 ANC ACTION
The Commission voted to oppose endorsing the proposed legislation. The vote
was 4-2-1.
5.0 ST. PATRICK’S SCHOOL - BZA # 17081
5.1 Katherine Bradley, Chairman of the Board, and Peter Barrett, Headmaster,
presented the position in their new filing to the Bureau of Zoning
Adjustment concerning faculty/staff caps. This application had been
presented and discussed with the commission in earlier months; and the
school had provided a copy of the draft application to each commissioner in
advance of the meeting. The public hearing is to occur on December 2nd, and
the filing must be done by November 18th. The action seeks to amend and
replace the previous provision for 60 positions, which was done in 1990. The
school stated that it was remiss in not keeping up to date with its zoning
permits in this regard. It now seeks a combined faculty/staff cap of 93 FTEs
(Full-Time Equivalent) to serve it present student enrollment of 400. The
application applies to the main school on 4700 Whitehaven Parkway,
comprising nursery school through sixth grade. A separate order, BZA #
16852, covers the new middle school for grades seven (7) and eight (8)
located at 4925 MacArthur Blvd. St. Patrick’s also presented a written
undertaking to report regularly to the ANC and the community on its staffing
levels, among other such issues of concern to the community for their
potential for adverse impact on nearby residents.
5.0 ST. PATRICK’S SCHOOL - BZA # 17081
5.1 Katherine Bradley, Chairman of the Board, and Peter Barrett, Headmaster,
presented the position in their new filing to the Bureau of Zoning
Adjustment concerning faculty/staff caps. This application had been
presented and discussed with the commission in earlier months; and the
school had provided a copy of the draft application to each commissioner in
advance of the meeting. The public hearing is to occur on December 2nd, and
the filing must be done by November 18th. The action seeks to amend and
replace the previous provision for 60 positions, which was done in 1990. The
school stated that it was remiss in not keeping up to date with its zoning
permits in this regard. It now seeks a combined faculty/staff cap of 93 FTEs
(Full-Time Equivalent) to serve it present student enrollment of 400. The
application applies to the main school on 4700 Whitehaven Parkway,
comprising nursery school through sixth grade. A separate order, BZA #
16852, covers the new middle school for grades seven (7) and eight (8)
located at 4925 MacArthur Blvd. St. Patrick’s also presented a written
undertaking to report regularly to the ANC and the community on its staffing
levels, among other such issues of concern to the community for their
potential for adverse impact on nearby residents.
5.2 Commissioner Mullane noted that FTE was a convention in wide use in the
federal government and other large organizations and had the rationale of
allowing an institution to fulfill its budget and/or personnel needs in a
flexible way, such as including part-timers. An original motivation in the
government was to enable women to be hired, as they often needed part-time
status to fulfill their other duties. The school noted that other private
schools operate the same way and that a nursery school is itself a part-time
program. Commissioner Gates noted the past derelictions of the school and
the need to prevent unpermitted, unwarranted growth in overall staff through
the part-time allowance. She stated that private schools follow a dynamic of
adding program and facility and then students to pay for these and then
faculty and staff to serve the increase in students. Hence, she proposed
that in addition to regular communication with the ANC and the community on
such issues that the ANC recommend to the BZA that it require a 5-year cap
on these levels. There was also discussed to clarify the interchange between
the two campuses and how that might affect counting the staff. St. Patrick’s
said that there were three teachers and a chaplain who would spend some time
at both campuses, although they would be accounted only to the Whitehaven
campus. The school also averred that it had plenty of parking for all its
staff on a routine basis (127 spaces in toto, 62 on own land) and that it
could accommodate most visitors through its rental lots. Only a half-dozen
holiday or special events would bring a large number of cars into the
neighborhood. The DC government rule calls for the institution to own land
for a certain ratio of employees, in this case, that is 62 spaces for 93
FTEs. Finally, the school confirmed that the daily traffic count on drop-off
and pick-up of students was being done and would be submitted with this
application, as the ANC had requested. Commissioner Shapley judged that the
community’s interest was in minimizing and controlling parking spill-over to
residential streets and that with better and regular interchange between
community and school, as is being achieved elsewhere in our area, the future
should be good and enforcement realistic.
5.3 Mr. Michael Lovendusky was heard on his objections to St. Patrick’s
School’s application. He provided the commissioners with a position paper,
which summarized the history of his (and others’) litigation against the
school and against the lack of enforcement of the government’s previous
rulings.
5.4 ANC ACTION
The Commission voted to approve the application with certain conditions:
that there would be quarterly meetings between the school and the
ANC/community; that there would be a 5-year commitment to the present caps
on the school’s population. The vote was 6-1-0.
6.0 BZA # 17089 - HOME VARIANCES -
JAMES GUSHNER, 5822 SHERIER PLACE
6.1 Mr. James Gushner presented his proposed renovation and addition to his
home at 5822 Sherier Place, which documentation had been provided
commissioners in advance. His architect, Ms. Larysa Kurylas, traced the
details and the rationale on the drawings. The house is a little, old
bungalow type of house (1,700 sq.ft.)which he would convert to a
three-storey, four-bedroom home (3,700 sq.ft.). The property actually
consists of two lots divided by a greenway, formerly a tramway, and is
peculiar in being a lateral triangle narrowing radically at the west end.
There are three other such homes on this row and having this dual-lot
configuration. Mr. Gushner has obtained the written assent of 13 neighbors.
The new construction requires variances because it exceeds lot occupancy
(54% vs. 40% by rule), and because it has less set-back at the rear (5-7 ft.
vs. 25 ft.) where the greenway is. However, if one combines the two lots of
the property, the occupancy footprint is only 36%, and there is the 30 ft.
space of the greenway itself.
6.2 ANC ACTION
The Commission voted to approve the application with its variances. The vote
was 7-0-0.
7.0 AIRCRAFT NOISE OVER PALISADES
7.1 The Commission had been asked by Matthew Thorpe, local resident and
expert on aircraft noise who sits on the inter-governmental committee on
this issue, to send a letter of approval of some recommendations for
reducing such noise. Mr. Thorpe had provided commissioners with a packet of
information beforehand. There was a a very well attended public meeting on
this issue June 19, 2003, and the issue has been discussed in various
citizens associations. Commissioner Mullane maintained that the ANC should
hold a public hearing before it takes its own position on such a matter.
However, the rest of the commission judged that the June public meeting met
that need.
7.2 ANC ACTION
The Commission voted to send a letter endorsing certain recommendations for
the “Noise Compatibility Study” of Reagan (formerly DC) National Airport.
This is known as “Part 150 Advisory Committee Study on Aircraft Noise”. The
recommendation of the Commission is to ban flights between 11 pm and 6 am
for those approaching the airport along the Potomac River and NW Washington.
The draft letter circulated by Chairman Finney in advance of the meeting
includes other points. The vote was 7-0-0.
8.0 COMMISSION BUSINESS.
8.1 Annual ANC Reporting to DC Government. The Chairman raised the option of
our submitting a letter to the city’s Office of ANCs on our views or actions
of the past year as part of their yearly reporting. The commisioners
distinguished this optional input and review from the mandatory annual
report on our fiduciary responsibilities and chose not to contribute
material at this time.
8.2 Treasurer’s Report. The treasurer’s report was given. There is currently
a balance of $12,440.87 in the Bank of America checking account. The
quarterly allotment is due this month. The commission’s quarterly report of
financial activity was presented and approval voted 7-0-0. It showed a total
disbursement for the July-September period of $4,346.92 and an ending
balance of $14,534.43. The report was signed for the record by the officers.
8.3 Secretary’s Minute. The minutes from the October meeting were approved
and signed for the record.
8.4 Next Meeting. The next meeting will be held Wednesday, December 3rd,
2003 at the Ernst Auditorium of Sibley Hospital.
8.5 Thanks to Departing Commissioner. The Chair thanked Commissioner Polk
for his service to the community and to this ANC, and others seconded this
and expressed regret at Mr. Polk’s decision to resign from the Commission as
of this meeting. Notice will be circulated on the rules and timing for
candidates to gain signatures to petition as nominees for this Single Member
District (09), comprising lower Foxhall and the Georgetown Reservoir.
The meeting adjourned at 10:45 pm.
Respectfully submitted,
Sarah Stowell Shapley,
Secretary, ANC-3D |
