ANC 3D Minutes for February 05, 2014

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ANC: 3D

Meeting Date: Feb. 5, 2014

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GOVERNMENT OF THE DISTRICT OF COLUMBIA
 
ADVISORY NEIGHBORHOOD COMMISSION 3D
PALISADES · KENT · SPRING VALLEY · WESLEY HEIGHTS ·
NEW MEXICO/CATHEDRAL · THE AMERICAN UNIVERSITY · FOXHALL VILLAGE
 
 
Advisory Neighborhood Commission 3D DRAFT Minutes
Regular Meeting
Wednesday, February 5, 2014
 
The regular monthly meeting of ANC3D was held at American University’s Nebraska Hall, Room
112, Washington, DC 20016, on the first Wednesday of the month, February 5, 2014. Chair
Gayle Trotter opened the meeting at 7:00 PM. Other Commissioners present: Penny Pagano,
Michael Gold, Rory Slatko, Kent Slowinski, W. Philip Thomas, Gayle Trotter, Nan Wells, Joe
Wisniewski, Stu Ross, and Thomas M. Smith. There were over 20 people in the audience during
the session. The meeting was covered in the February 12, 2014 issue of the Northwest Current
on pages 3 and 18.
 
Police Report: Officer Tony McElwee provided a traffic report; Lieutenant Hayes provided a
crime report; Sergeant Ben Firehock, newly assigned Sergeant for evening shift was introduced
and he can be reached at Benjamin.firehock@dc.gov.
 
Commissioner Smith asked Lieutenant Hayes about the status of information requested from
MPD regarding arrival at the American University campus following the lockdown of the in
December 2013. The lockdown resulted when a student reported seeing a man with a gun on
campus. It turned out that the man was an off-duty officer from the MPD who was visiting a
friend at AU. Lieutenant Hayes said he would get the information about MPD arrival time to the
AU campus. Commissioner Smith requested that he send the report to Chair Trotter for
dissemination to the other Commissioners. He said that there are reports about the timing
which are being posted on listservs and in newspapers and it is important to get accurate
information out to the public.
 
Community Concerns:
Peter and Sally Baker provided an update from the January 29, 2014 Board of Zoning
Adjustment hearing on application 18659 for 4540 Lowell Street NW. Peter Baker said there
are three requirements that must be met in order to be granted a variance and that he did not
believe the requirements had been met. The BZA approved the application despite the
apparent inability to satisfy the requirements and letters in opposition of the application from
the DC Office of Planning, ANC3D, and the Bakers – the immediate neighbors. Commissioners
decided to discuss this issue during Commission Business.
 
Agenda:
District of Columbia Fire and Medical Emergency Services Department – Fire Chief Kenneth B.
Ellerbe presented information on recent incidents and initiatives at the Department and fielded
 
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questions from the community. Chief Ellerbe said that a recent death outside a fire station in
Northeast could be symptomatic of a problematic culture within the D.C. Fire and MES
Department. Chief Ellerbe spoke of changing the culture of the department to focus on serving
the citizens of the District of Columbia. Chief Ellerbe would like to eliminate 24-hour shifts and
have firefighters work more days with 12-hour shifts.
 
Commissioner Wisniewski left the meeting.
 
BZA Application for 1529 44th Street NW – Commissioner Trotter moved to support the
application to enclose two back decks and widen them across the rear of the house with
conditions; Commissioner Thomas seconded; and the vote was 9-0-0 in support of plans for
renovation at 1529 44th Street NW as presented to the ANC 3D by a representative for
applicants Berengere de Negri Harou and Patrice Harou with the following conditions:
1. the addition is built per the plans
2. all new construction cannot be seen from 44th street
3. specifically, that the proposed railing surrounding the new 3rd floor deck
does not protrude above the roofline
4. no alterations will be made to any part of the house visible to the street as part
of this project
5. the applicants would consider the use of River Smart Home Technology to
reduce the amount of stormwater runoff from their property (Attachment 1).
 
Proposed Conflict of Interest Resolution – Commissioners discussed the proposed Resolution
authored by Commissioner Smith. Commissioner Pagano said she did not think this was a
necessary amendment because the ANC3D’s existing bylaws, the DC Finance Committee rules,
and the DC Council laws provided comprehensive provisions for conflict of interest issues.
Commissioner Slatko said that this amendment would exclude students like him and future
representatives from his single member district from participating in American University-
related matters if they hold or have held an on-campus job. Commissioner Slatko said that
many students hold an on-campus job at some point during their education at American
University.
 
Commissioner Smith said that he stood by the principle that it is inappropriate for a
Commissioner to take actions regarding an employer and added that the new rules will protect
Commissioners from residents’ allegations of impropriety by establishing clearer guidelines.
 
Commissioner Smith moved to adopt the bylaw amendment; Commissioner Wells seconded;
and the vote was 6-3-0 with Commissioners Slatko, Thomas, and Pagano opposed (Attachment
2).
 
Proposed Office of Planning and DDOT Resolution on Traffic Impacts Study revised 2_5_14 –
Commissioner Smith moved to adopt the resolution which requests that OP and DDOT conduct
a joint transportation study of Ward Circle and other trouble spots within ANC3D;
Commissioners Ross and Slowinski made a friendly amendment to change the language in the
 
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third to last paragraph, 3rd point from “city” to “ANC3D”; Commissioner Thomas seconded; and
the vote was 8-0-1 with Commissioner Pagano abstaining (Attachment 3).
 
Proposed Battery Kemble Park Resolution – Commissioners Thomas and Slowinski authored
this resolution which urges the National Park Service to address the invasive bamboo growing
in Battery Kemble Park. Commissioner Thomas moved to support the Resolution;
Commissioner Slowinski seconded; and the vote was 9-0-0 in support of the Resolution
(Attachment 4).
 
Commission Business:
 
December 4, 2013 minutes – Commissioner Smith moved to approve the December 4, 2013
minutes; Commissioner Gold seconded; and the vote was 9-0-0 to approve the minutes
(Attachment 5).
 
January 8, 2014 minutes - Commissioner Slatko moved to approve the January 8, 2014 minutes;
Commissioner Gold seconded; and the vote was 9-0-0 to approve the minutes (Attachment 6).
 
Treasurer’s Report – At the present time there is a balance of $20,027.72 in the Bank of
America account.
 
Quarterly Report - Commissioner Slatko moved to approve the FY14 Second Quarter Report;
Commissioner Pagano seconded; and the vote was 9-0-0 to approve the report (Attachment 7).
 
Commissioner Slatko distributed Business Card Order Forms to all the Commissioners to be
completed so business cards can be ordered.
 
Kimberly Knight, the new Palisades Library Branch Manager, introduced herself.
Commissioner Smith said that the US Army Corps of Engineers found a sealed container of
lewisite in the soil in the spot where the porch of 4825 Glenbrook Road, NW, used to be.
Commissioner Slowinski said that the Restoration Advisory Board meets every other month so
getting timely information is difficult.
 
BZA Application 18659 for 4550 Lowell Street, NW - Commissioners discussed the BZA Jan 29,
2014 ruling on BZA Application Case No. 18659 for 4550 Lowell Street, NW. In spite of ANC3D
and OP’s opposition to the application the BZA had approved it. Several Commissioners said
that this decision threatens the special zoning protections that are part of the Wesley Heights
overlay. Commissioners expressed concern that the BZA approved this application given that
they had been provided with overwhelming information which should have led to denial of the
application. Commissioners also felt that this set a bad precedent for future rulings.
 
The meeting was adjourned at 9:13 pm.
 
 
 
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Respectfully Submitted,
Joe Wisniewski
Joe Wisniewski
Secretary, ANC3D
 
Date of Approval: 3/5/14
 
Attachments:
1 ANC3D letter to Historic Preservation re 1529 44th St NW
2 Conflict of Interest Resolution Amendment to ANC3D Bylaws 2_5_14
3 ANC3D Resolution to OP and DDOT on ANC3D Traffic Impacts Study
4 Battery Kemble Park Resolution
5 December 4, 2013 minutes
6 January 8, 2014 minutes
7 ANC3D FY14 Second Quarter Report
 
 
 
ANC3D’s next meeting will be held on Wednesday, March 5, 2014 at
at the American University School of International Service, Room 333, Washington, DC, 20016.
Contact ANC3D: www.ANC3D.org; telephone: 202-363-4130; 3D@anc.dc.gov
 
 
 
 
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Government of the District of Columbia
ADVISORY NEIGHBORHOOD COMMISSION 3D
P.O. Box 40486
Palisades Station
Washington, D.C. 20016
 
February 16, 2014
 
VIA ELECTRONIC MAIL AND USPS MAIL
Frances M. McMillen
Historic Preservation Specialist
Office of Planning
1100 4th Street SW, Suite E650
Washington, DC 20024
Frances.McMillen@dc.gov
 
RE: Renovation Plans for 1529 44th Street NW
 
Dear Ms. McMillen:
 
Advisory Neighborhood Commission 3D (ANC 3D) held its regularly scheduled meeting on
February 5, 2014 and, with a quorum present at all times, voted 9-0-0, in support of plans for
renovation at 1529 44th Street NW as presented to the ANC 3D by a representative for
applicants Berengere de Negri Harou and Patrice Harou with the following conditions:
 
1. the addition is built per the plans
2. all new construction cannot be seen from 44th street
3. specifically, that the proposed railing surrounding the new 3rd floor deck
does not protrude above the roofline
4. no alterations will be made to any part of the house visible to the street as part
of this project
5. the applicants would consider the use of River Smart Home Technology to
reduce the amount of stormwater runoff from their property.
 
Sincerely,
 
 
 
 
Gayle Trotter, Chair ANC3D
Conflict of Interest Resolution, Amendment to By-Laws on February 5, 2014
 
Whereas, a resident appearing before ANC 3D recently raised a question about a potential
conflict of interest in a proceeding before the Commission, which may suggest a need to clarify
the ANC’s conflict of interest policy;
 
Whereas, a conflict of interest is a set of circumstances that creates a risk that professional
judgment or actions may be unduly influenced or perceived to be unduly influenced in a
proceeding before the ANC;
 
Whereas, allegations of possible conflicts of interest may have the potential to reflect poorly on
the operations and recommendations of ANC 3D and individual Commissioners;
 
Whereas, general concerns about ethics in DC government has prompted a Council review of
ethics policies, including provisions related to the financial holdings of ANC Commissioners;
 
Whereas, ANC 3D’s bylaws already include a conflict of interest policy that focuses almost
exclusively on financial matters and that it may now be advisable to update the bylaws to
consider other related issues;
 
Whereas, formal conflict of interest policies can ensure integrity in government, protect the
city’s residents’ interests, and limit the opportunities for elected officials, their family, friends,
and associates to benefit personally or financially from public office;
 
Therefore, be it resolved that ANC 3D revise its bylaws to add the following general conflict of
interest policy to existing language in the bylaws:
 
1. Commissioners who have a relationship as a spouse, an employee or board member
of a for-profit enterprise, non-profit institution, or an affiliated entity (excluding
incorporated citizens’ associations or a registered campus student group) with
business before the ANC shall be prohibited from taking part in the discussion and/or
recommendation concerning the application;
 
2. Commissioners who may be a former employee or board member (or their spouse) of
a for-profit company, non-profit institution, or an affiliated entity (excluding
incorporated citizens’ associations or a registered campus student group) with
business before the ANC shall be prohibited from taking part in the discussion and/or
recommendation concerning the application for two years following the end of
employment or Board membership; and
 
3. Commissioners who receive financial benefit from any entity with business before the
ANC shall be prohibited from taking part in the discussion and/or recommendation
concerning the application.
Government of the District of Columbia
ADVISORY NEIGHBORHOOD COMMISSION 3-D
P.O. Box 40486
Palisades Station
Washington, D.C. 20016
 
 
 
 
December 21, 2012
 
 
The Honorable Vincent Gray
Mayor of the District of Columbia
1350 Pennsylvania Avenue N.W., Suite 316
Washington, D. C. 20004
 
Dear Mr. Mayor:
 
At its regularly-scheduled, properly-noticed meeting on December 5, 2012, Advisory
Neighborhood Commission voted 8-1-0 to request a comprehensive traffic study of the
neighborhoods in our jurisdiction.
 
Our communities are experiencing traffic issues resulting from development, particularly
in the past decade.
 
The most recent analysis by the District of Columbia Department of Transportation for a
single area of our Advisory Neighborhood Commission was in 2002---DDOT’s Palisades
Traffic Impact Study. Even then levels of service were in need of addressing.
 
We would greatly appreciate your leadership in bringing about a traffic evaluation with
recommended solutions.
 
Sincerely,
 
 
 
 
Stu Ross, Chair
 
 
 
Enclosure
 
cc: Council Chair Phil Mendelson, Council Member Mary Cheh
Resolution of Advisory Neighborhood Commission 3D to the District of Columbia’s
Department of Transportation
 
December 5, 2012
 
Whereas the last transportation study conducted by the District’s Department of
Transportation in reference to Advisory Neighborhood Commission 3D was issued in
2002, “The Palisades Traffic Impact Study,” and
 
Whereas that study documented that traffic on streets such as Canal Road,
MacArthur Boulevard, Reservoir Road, and Foxhall Road had already reached levels
testing their carrying capacity, and
 
Whereas the study documented that levels of service at intersections involving
these streets were already at “D,” “E,” or “F,” and
 
Whereas development in ANC3D has expanded considerably in the 10 years since,
without the possibility of expanding the infrastructure, and
 
Whereas developments include the conversion of the old Brady Estate and the
old Phillips Estate at 1801 Foxhall Road and 2101 Foxhall Road, and
 
Whereas these two properties are being converted to six dozen houses and a private
junior high school and high school for 440 students and more than 100 faculty and staff,
and
 
Whereas developments that directly affect ANC3D include the expansion of
Georgetown University, especially the emphasis on making Canal Road the main
entrance to the campus and exit from it, and
 
Whereas developments in ANC3D include the expansion of American University, such
as housing 600 students on Nebraska Avenue in dormitories on what is now the parking
lot, and
 
Whereas developments in ANC3D include the expansion of Wesley Seminary on
Massachusetts Avenue, and
 
Whereas developments in ANC3D include the expansion of George Washington
University’s Mount Vernon campus at 2000 Foxhall Road, and
 
Whereas developments in ANC3D include the expansion of Sibley Memorial Hospital
on Loughboro Road, featuring a new medical office building and a replacement hospital
to be constructed, and
 
 
 
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Whereas developments in ANC3D include the expansion of the Lab School on Reservoir
Road to 330 students and more than 100 faculty and staff, and
 
Whereas, developments in ANC3D include the establishment of the headquarters of the
Department of Homeland Security on Nebraska Avenue at Ward Circle, where there is no
Metro station, and
 
Whereas Homeland Security employs more than 2000 staff members, the majority of
whom live in Virginia and therefore commute into the District of Columbia via Chain
Bridge and Key Bridge, and
 
Whereas public transportation has yet to address the increased demands of these
developments, and may be unable to do so, and
 
Whereas traffic impacts are a metaphor for the pressure that the
increasing institutionalization of the residential neighborhoods has created in ANC3D,
and
 
Whereas a comprehensive approach to addressing these pressures is needed in the
interest of the quality of life in ANC3D, and
 
Whereas DDOT has made no assessment of the overall cumulative impact of these
expansions, and
 
Whereas documentation of these impacts is the first step to acting to benefit
the neighborhood as well as travelers through it,
 
Now, therefore, by a vote of 8-1-0 on December 5, 2012, Advisory Neighborhood
Commission 3D resolves that a comprehensive study of traffic issues in its jurisdiction
is needed in the best interest of the District of Columbia and, accordingly, calls upon the
District of Columbia’s Department of Transportation to conduct such a study in a timely
manner and create recommendations for solutions.
 
Respectfully submitted,
 
 
 
 
Stu Ross, Chair
 
 
 
 
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