Advisory Neighborhood Commission 3D met at the Ernst Auditorium of Sibley Hospital on, Wednesday, October 6, 2004, at 7:30 pm.  Present were Commissioners Gates, Heuer, Shapley, and Haas; Commissioner Mullane arrived late; and Commissioners Finney and Hamilton were absent.  There were about 36 people in the audience.

1          POLICE CONCERNS

1.1              Accompanied by Capt. Paula Edmiston, Lt. Jeannie Sullivan presented the monthly police report of crime statistics and current special concerns.  The most troubling concern would be the two sexual assaults that occurred recently in Glover Archbold Park just outside the commission’s boundary.  Action on the attacks falls to the Park Police, which appears to have led to delays in arrival and a breakdown in communication between the two police forces.  Battery Kemble Park was cited as another park area in need of attention. Kent Slowinski, a resident of Wesley Heights, added that the danger is heightened due to the use of park areas by the homeless as campsites.  Patrolling police currently lists these park areas for a 30-day term of “special attention”.

1.2              Sgt. McElwee, the new traffic supervisor for PSA205, reported on his coverage of hot spots along MacArthur Blvd. and throughout the PSA.  Officers are aggressively issuing NOIs for speeding and using hand-held radar equipment.  He opined that tickets issued by an officer carry points, which are reported to insurance companies while photo radar tickets only carry a fine.  Officer Kevin Kennedy alone issued 26 tickets at the Rockwood/Dalecarlia Parkway intersection; the total number of tickets issued for the month by officers were 145.  They are also enforcing the laws requiring “hands free” use of cell phones and use of seat belts.

1.3              Lt. Sullivan mentioned that bicycles should be registered and this can be done by bringing the bicycle to the desk at the Second Police District.

1.4              The lieutenant's e-mail address is jeannie.sullivan@dc.gov.

1.5              Local Palisades resident Melinda Wheeler presented a resolution for ANC endorsement commending the life and service of Officer John Ashley, who died while on duty May 30, 2004, and requested that the city grant an honorary naming of the 4900 block of MacArthur Blvd. 

1.5.1       ANC ACTION:  The ANC voted 4-0-0 to approve the resolution.

2                    COMMUNITY CONCERNS

2.1              Caroline B. Quandt, resident at 5320 Macomb Street in Palisades, asked the ANC to support her effort to get city action to remedy a structural problem dating back to1932 which has caused flooding and serious destruction of her home due to faulty piping and storm sewer design on her block.  During the August 11, 2001, storm, water cascading down city streets caused catastrophic damage to her home by pushing the rear foundation wall into the basement.  She has retained a civil engineer to analyze the problem and identify remedies required for this Palisades area.  A major contributing problem is that her property is below grade.  Several federal and city authorities and agencies are involved, which complicates getting resolution on remedies.  Another contributing problem is that the piping moves from being in public space to private space and then re-emerges in public space and there is an implied easement in this transit. 

2.1.1       Copies of her report and letters to the Mayor and Council member Patterson were presented to the commission.  Several petitions from residents of the area citing needed remediation were also presented.

2.1.2       ANC ACTION:  The ANC voted 4-0-0 to support Ms. Quandt’s request for remediation and to follow up with Kathy Patterson.

2.2              Kent Slowinski addressed the need of Washington Aqueduct officials to do a better job gathering public input and providing public information on the alternatives for removing residuals at the Dalecarlia Water Treatment Plant in compliance EPA regulations that prohibit disposal to the Potomac River after 2009.  He wishes to see detail about the other alternatives, about 26 in all, that were evaluated and from which the three recommended alternatives were selected.  The next deadline for comment is Nov. 14.

2.2.1       Two of the three alternatives were given a cost of $70M, but were temporary albeit long-term fixes, while the third was to cost $90M, but was a permanent fix.

2.2.2       The Chairman noted the absence of DC officials in the process and cited the pressure being brought to bear by elected Maryland officials.

3                    CAFE ETTORE NEW OWNER AGREEMENT

3.1              Matilde Larroque, one of the owners of this new restaurant, formerly Bistro Bernoise at 5120 MacArthur Boulevard, presented plans and explained that the owners are in the process of transferring the Bistro’s DR liquor license.  She cited their willingness to sign a "voluntary agreement" with the ANC on behalf of the community with regard to hours, employee parking, trash collection and the like. They do intend to continue to use three sidewalk cafe tables.  Interior seating will accommodate 50 dining patrons.  The liquor license will require that 75 percent of income is derived from food service.

3.2              Chairman Gates presented Ms. Larroque with a copy of the agreement, which she signed.  Once a voluntary agreement is in place, and absent any complaints, there is no need for owners of establishments to appear before the commission in the future when their liquor licenses come up for renewal.  Should there be a request for a change in the license they would have to appear before the commission with the request. 

3.3              ABRA is currently reviewing all such voluntary agreements to ensure consistency and lawfulness, given that a community group, including the ANC, can only recommend enforceable compliance measures.

3.4              ANC ACTION:  ANC 3D voted 4-0-0 to support the application of Café Ettore for a DR liquor license.  (Voluntary Agreement Signed and Presented.)

4                    BLACK SALT FISH RESTAURANT

4.1              Since the opening of this new restaurant on MacArthur Blvd. has been delayed, and they have agreed to sign a Voluntary Agreement, no ANC action is required at this time.

5                    PALISADES FIRE STATION

5.1              A letter supporting the requested special exception for needed improvements to the firehouse was sent to the BZA based on the presentation made by Chief Herlihy and Bruce Zivic and unanimous support by the commission.

6                    CHAIN BRIDGE ROAD - NEW HOMES DEVELOPMENT

6.1              A packet of information from Morton Bender on the development of the former Murphy estate was supplied to the commissioners by the Chairman in anticipation of Mr. Bender’s appearance at the November meeting.

7                    BIKE "TOUR OF HOPE," SATURDAY, OCT. 9, 2004

7.1              David Williams, promoter of this national event involving cancer survivor and cyclist Lance Armstrong, presented the route that would pass through the commission area.  There should be some 900 riders who are expected to raise more than the $1.4M they produced last year.  The sponsor is the pharmaceutical company Bristol-Myers Squibb, which produced the drugs used to treat Armstrong's cancer.  The purpose of the ride is to make the public aware of the importance of funding and support for experimental drug trials.  Mayor Williams is expected to join the group for a portion of the ride, which will end at the Ellipse.  Whether the ride will repeat in DC again next year is not known as the organizers choose cities that have notable cancer treatment facilities.  The District’s local bike group, WABA, has organized a kid’s bike rodeo and events for the entire family on the Ellipse.

7.2              ANC ACTION:  The ANC voted 4-0-0 to support the Tour of Hope and will so convey to Tanya Mitchell, special events coordinator, DC Emergency Management Agency.

8                    AMERICAN UNIVERSITY 5K FOOT RACE, SATURDAY, OCT. 16

8.1             Trevor Dane and Stephanie Frankfurt, AU students, presented the route and community notification mechanisms for their repeat event to benefit Habitat for Humanity.  Their club’s goal is to raise $10K this year, which will be applied to their participation in building a NE DC development of 53 new homes on 4 acres.  The race route goes around the university and through eastern Spring Valley and should involve some 300 runners and 100 volunteers. 

8.2             ANC ACTION:  The ANC voted 4-0-0 to support the American University 5K Footrace and to convey same to Tanya Mitchell, special events coordinator, DC Emergency Management Agency.

9                    ANC ADMINISTRATIVE BUSINESS

9.1              The September Minutes were accepted with a few minor corrections.

9.2              The Treasurer's report was accepted and the quarterly financial report was approved 5-0-0.

9.3              In accordance with ANC 3D’s Bylaws, the Chair requested an annual report be produced by the Secretary who noted the requirement is no longer necessary.  It was agreed the bylaws would be revised to delete this requirement

9.4              ANC ACTION:  The ANC voted 5-0-0 to support the revision of the Bylaws of the Commission and a second reading of the recommended change will take place at the next meeting.

9.5              The next meeting of ANC 3D will be Wednesday, November 3, 2004.

Respectfully submitted,

Sarah Stowell Shapley, Secretary, ANC 3D