Commissioner MacDonald announced that the Federation of Citizens’ Associations would be holding a meeting the following night, October 28.  She stated that the Federation planned to have the director of the D.C. Department of Public Works at the meeting and asked if the community members had any questions she should ask on their behalf.  Commissioner Hogan and a community member both mentioned recycling as a major issue.  Commissioner Hogan reported six weeks of late recycling in her neighborhood and the community member concurred. 

Commissioner Hogan said that toxic recycling is also important, that there is usually late notice given by the government, and that the schedule is too infrequent.  She noted that toxic recycling is usually done over a long weekend at only a few sites.  Commissioner Hogan stated the city should make it easier to recycle toxic substances by having more sites available on a more frequent and convenient schedule.

A community member also asked about tree removal.  Chair MacWood stated that tree removal is DDOT’s responsibility. 

Chair MacWood asked if there were additional announcements.  Commissioner Vorndran expressed appreciation to the Maret School for permitting the ANC 3C to hold its meeting at Woodley Mansion.

1.  For an enclosed entryway and rear addition at 3413 Ordway Street. 

2.  For rear window replacements and a small rear corner addition at 2842 28^th Street. 

3.  For a subdivision of the Cape Verde Embassy at 3415 Massachusetts Ave, to result in one lot with the landmark house and a second buildable lot. 

In addition, there were two Board of Zoning Adjustment applications for a special exception:

1.  Application to remedy an addition at 2740 32^nd Street that encroaches by 14 inches into the required side yard allowance due to an incorrect lot line determination. 

2.  A request from the Washington International School to adjust authorized staff levels to current levels.  Chair MacWood stated that ANC 3C had received a letter from the Friends of Tregaron Foundation pertaining to the Washington International School application.  The Foundation requested that ANC 3C be vigilant about number creep because the numbers of students were increased in 1997and now the staff numbers have increased. 

Commissioner Hogan asked what type of remedy was planned for 2740 32nd Street.  Chair MacWood responded that the owners were told to apply for a special exception for the two-inch change.

Commissioner Welsh reported that he had received a phone call from the architect for 3413 Ordway Street, who stated that he appreciated the Commission’s September memo to the Historic Preservation Board, indicating that the ANC’s letter was instrumental in his client’s winning HPRB approval.

Chair MacWood moved for approval of the consent calendar.  The consent calendar was approved by a unanimous vote of 7 - 0.

b.  Chair MacWood introduced Commissioner Hahn’s resolution concerning the lack of consistent recycling service in Cleveland Park and Woodley Park and requesting that the D.C. Council authorize an independent audit of DPW’s recycling contracting practices.   Commissioner Hahn stated that there have been many letters sent to the Mayor’s Office requesting action, but that the subcontractor continues to fail to provide an adequate level of service to the community.  D.C. residents were promised that a new recycling contract would be issued in the fall of 2003.  When the contract award was announced, however, we learned that DPW intended awarding it to the current contractor (i.e., the same contractor that has consistently failed to provide an adequate level of service to the community).  The resolution also asks that, as a result of the audit, a report be issued that identifies funds expended during the term of the current contract, cash incentives awarded to the contractor, the number of complaints received from citizens concerning the failure of the contractor to perform, the number and amounts of fines levied and collected against the contractor for non-performance, and the dates of such fines.  Commissioner Hahn read the proposed resolution aloud.  Commissioner Welsh seconded.

Commissioner Hogan proposed a friendly amendment that the independent audit include a review of the city’s call center, which is supposed to track complaints and resolutions, but has not presented any reports on the recycling issue.  Commissioner Welsh asked if the tracking of complaints and resolutions is related to the hiring of contractors.  Commissioner Hogan responded that it’s related to the portion of the resolution’s first resolve that asks for a report on the number of citizen complaints about recycling service.  She further stated that, if the call center were working as designed, the data should be readily available.

Commissioner Vorndran proposed a friendly amendment changing the last “Be it Further Resolved” to include that DPW be permitted to bid on the contract from the outset instead of waiting for a new subcontractor to fail before bringing services in-house.  Commissioner Vorndran stated that he believes the situation is outrageous and that it’s a myth that private contractors do better than public employees. 

Commissioner Hahn accepted both friendly amendments.  A community member suggested an additional amendment to Commissioner Vorndran’s amendment, requesting that the city simply take over the services rather than contracting out at all.  He further stated that the call center is being used as an insulating process from the agencies.  Citizens cannot get in touch directly with the agency because they have to report to the call center and deal with that bureaucracy.  The community member stated that he felt that the call center appears to actually prevent complaints from getting where they need to go. 

Commissioner Hogan said that perhaps that should be considered in a separate resolution asking that when people call the call center, the staff give out relevant follow-up numbers to the citizens and empower them.  She suggested that the city not use the call center to prevent citizens from having direct access to the agencies.  Chair MacWood countered that even government representatives, like ANCs have a difficult time accessing DC employees with direct phone numbers.  She suggested that it may be an inefficient approach for the citizens to have those numbers.  The community member stated that he believed that call center would serve good function as originally designed.  Chair MacWood stated that she would like to deal with this issue as a separate resolution in November. 

The community member stated that he would like the resolution to include a request for the environmental commission to provide input on this issue as well.  Commissioner Hahn stated that he would add that ANC 3C also requests consideration and suggestions from the D.C. Environmental Planning Commission on improving recycling services.  He noted that the Commission has been uncomfortable with D.C.’s contracting in past and this resolution may spur action.  Chair MacWood asked which members of the Environmental Planning Commission were present at the ANC meeting.   Commissioner Hogan and a community member identified themselves as commission members.  

Chair MacWood asked whether a target date should be included in the resolution.  Commissioner Hahn agreed and put forth the date June 30, 2004.  Commissioner MacDonald asked whether DPW would be able to change the contract during the year since it’s already been issued.   Commissioner Hahn suggested requesting a response from DPW by the first week in December.  Commissioner Hahn stated that he wants to know why other contractors did not bid on the fall 2003 contract.  Commissioner MacDonald stated that she believes DPW will say they will consider this issue for the next contract.  Commissioner Vorndran stated that he would not be uncomfortable discussing this at contract renewal time and feels that this resolution is an important first step to get DPW to take action.

Chair MacWood stated that DPW is planning to institute more penalties during this contract term.  Commissioner Hahn said he understands that some penalties have already been issued.  Commissioner Hahn moved the resolution.  Commissioner Hogan seconded.  Chair MacWood called the question.  Resolution 2003-027 was approved by a unanimous vote of 7 – 0.

Chair MacWood introduced Commissioner Hahn’s resolution to support D.C. Councilmember Phil Mendelson’s bill, the Nutritional Information at Restaurant Act of 2003.  Commissioner Hahn read the motion and then moved it.  Commissioner Vorndran seconded.  Chair MacWood introduced Councilmember Mendelson and asked for his comments on the bill. 

Councilmember Mendelson stated that about one-third of restaurants have nutritional information on their web sites.  In fast-food establishments like McDonalds, one needs to ask and ask hard.  He believes that enabling consumers to have easy access to nutritional information will enable them to make better choices. 

Commissioner Reeves asked why the resolution is aimed at obese people when even thin people who eat junk food are suffering from malnutrition and need the same information.  She stated that the draft resolution language assumed that obese people eat poorly.  Councilmember Mendelson said that he doesn’t usually discuss the bill in terms of obesity, but more in terms of health issues, such as heart disease and diabetes.  The language in the draft resolution was modeled on the legislation that passed in California. 

Commissioner MacDonald agreed with Commissioner Reeves, stating that her own cholesterol levels are low, while a thin person that she knows who also is a smoker has enormously high cholesterol.  Commissioner MacDonald proposed changing the language from “obesity” to “poor nutrition.”  Chair MacWood asked Commissioner Hahn if he would be willing to change the text.  Commissioner Hahn agreed.

Commissioner Vorndran asked Councilmember Mendelson to list the four reporting categories.  Councilmember Mendelson said they were 1) calories, 2) grams of saturated and trans fat, 3) grams of carbs, and 4) milligrams of sodium. Commissioner Reeves asked if these reporting requirements would be required of delis and groceries.  Councilmember Mendelson responded that it would apply if establishments like Giant offered sandwiches, but it wouldn’t apply to daily specials or a self-serve salad bar.  Chair MacWood asked if the regulation would only apply to prepared food.  Councilmember Mendelson said it would.  Commissioner Hogan asked to what extent other jurisdictions have passed similar legislation.  Councilmember Mendelson said that legislation had been introduced in six states and is pending in California and Maine. 

Commissioner Hogan asked Councilmember Mendelson whether he has considered including mercury levels as a required nutritional fact.  Councilmember Mendelson stated that he believes restaurants will complain that too many additional ingredients will make menus hard to read and that he believes the issue requires further study. 

A community member requested that the commission seriously consider adding mercury levels as a reporting category because it is unlike other categories that could be considered.  Commissioner Hogan agreed, stating that the issue is at a stalemate at the federal level, but it is a major need at the public level.  She reported that the Washington Post had recently run an article on the issue finding that there is currently no regulation or required disclosure of mercury levels in food. 

Chair MacWood asked Councilmember Mendelson whether the bill is likely to pass the council in this form and what he would think if the commissioners added the mercury reporting requirement.  She wondered if it would provide ammunition that isn’t included currently to frustrate the message of the bill.  Councilmember Mendelson stated that if the commissioners felt strongly that mercury should be included, it most likely wouldn’t frustrate the November 13 meeting.  He reported that tensions were such that restaurants would say they don’t want it and the D.C. Council probably would not vote to require additional information. However, he didn’t think that ANC 3C adding a mercury reporting requirement to its resolution would hurt the bill. 

Commissioner Hogan stated that D.C. is spending over $1 million to clean up mercury contamination at Ballou High School, but meanwhile people are ingesting mercury daily.  A community member suggested that one could argue that the Ballou incident happened because the community doesn’t know enough about the dangers of mercury and that the addition of a mercury reporting requirement in this Act would be timely because it’s on people’s minds.  Commissioner Welsh disagreed, stating that adding mercury as a reporting requirement would cloud the issue. Commissioner Reeves stated that adding mercury to the bill might make it impossible to enforce.  Commissioner Hogan stated that it was a suggestion, but she agrees it needs further investigation.  Commissioner Vorndran called the question.  Resolution 2003-028 passed by a unanimous vote of 7 – 0. 

Chair MacWood stated that she would be willing to interrupt the meeting if Councilmember Mendelson had other issues he would like to discuss.  Councilmember Mendelson thanked her and stated that he had sent a letter out in June 2003 regarding the Alcoholic Beverage Control Board’s policy on more than one ANC being allowed to comment on a specific license application.  He said that it would be useful for the ANCs to look at the letter and ask for a hearing on the issue because the ABC board won’t consider written statements, only in-person protests from affected ANCs.  It would also be helpful for the ANC to look at Bill 15-264. 

Councilmember Mendelson stated that a number of ANCs have also commented on 15-133, the “Right to Purchase” bill.  Lots of renters have commented, but owners think that it’s a bad idea.  The renters are fighting the right of first refusal.

Councilmember Mendelson reported that there is a new director of emergency communications service for the District currently on administrative leave for making racially insensitive comments.  Councilmember Mendelson is concerned that the public does not know what was said and believes that the city’s 911 service desperately needs improvement.  He stated that 1 in 6 or 1 in 7 calls to 911 don’t get through.  The goal is that 90 percent of calls are answered in 5 seconds; the reality is 60 percent.  Commissioner Hahn asked if statistics are available for neighboring counties.  Councilmember Mendelson said that the only statistics he has is for pay rate for 911 operators and that D.C.’s compensation is higher and very competitive.  He reported that the 911 center is now all-civilian, made up of 96 staff members, which is close to recommended staffing levels.  It was still only 70 during Hurricane Isabel in September 2003. 

Commissioner Reeves noted that on Ordway Street, five property owners won’t give permission for sidewalks, so why would they give permission for digging?  Councilmember Mendelson offered to find out more information pertaining to the overhead wires resolution if we mail it to him.

Commissioner Hogan asked for the status of the Smoke-free DC Bill.  Councilmember Mendelson stated that the bill has been referred to Carol Schwartz’s Public Works committee because of a law on the books requiring segregated smoking in restaurants.  When adopted, it went through DPW, so the current bill was referred to the same committee.  Councilmember Mendelson is not certain whether Schwartz will hold a hearing on the issue, but reported that there was an article in Loose Lips recently suggesting that the bill may languish in the committee.  Councilmember Mendelson said that six states have passed similar laws.  Chair MacWood asked if it would to ask for a joint referral.  Councilmember Mendelson said that he didn’t think it would get support. 

Commissioner Welsh asked about the First Right of Refusal bill.  Councilmember Mendelson said that it would depress real estate activity and that continuing support from the community will help.  He stated that lawyers have presented great testimony on behalf of tenant groups.

Commissioner Welsh asked about the 95-5 evidence of pervasiveness.  Councilmember Mendelson said that the Harrison Institute reported 200 sales in the last few years using this technique.  A large number of tenant groups have contacted Councilmember Mendelson about being denied right to buy.  Also the Mayor’s Office didn’t oppose the bill, but said they needed to look at the timeline, which expanded the issue and made it more cumbersome.  Chair MacWood asked if the Mayor’s Office was asking if timelines were too liberal.  She thinks the timelines are critical and almost too short.  Councilmember Mendelson said that he was told that if every extension was exercised, the process would be lengthened by three years.  Councilmember Mendelson reported that most litigation on 95-5 has not been favorable to the tenants.  In 1994, there was an amendment to the rent control law requiring “fundamental interest.”  At a second reading, that was changed to state that only “100 percent interest” triggers the right of first refusal. 

Chair MacWood thanked Councilmember Mendelson for attending the meeting.

d. Chair MacWood introduced a resolution modifying commercial overlay districts to specify which establishments come under the heading of restrictive use.  Chair MacWood stated that there has been lots of confusion about requirements for applicants and DCRA has remained confused about their role.  She said the Zoning Commission got involved a year ago and has also not been able to clarify the issues.  The definition used in the draft resolution is from the Cleveland Park Citizens’ Association, which brought it to the ANC 3C Planning and Zoning Committee. 

The resolution specifies which establishments should fall within the 25 percent limit.  Chair MacWood suggests using business or ABC licenses issued to restaurants and taverns.  If an establishment has one of those licenses, they would automatically be considered a restaurant.  That measure would eliminate delis and carryouts currently listed as restricted uses. 

Chair MacWood stated that the original purpose of having commercial overlay districts was to provide neighborhood retail and service establishments and limit the number of destination establishments that would contribute to traffic problems.  Chair MacWood read the resolve from the draft resolution, stating that DCRA should use the license requirement to indicate whether a business is a restricted use establishment.  Commissioner Walsh seconded. 

Commissioner Reeves asked whether ‘expansion’ in section (d) of the draft resolution refers to frontage?  Chair MacWood replied that it does.  Commissioner Reeves asked if Chair MacWood would include the term ‘frontage’ in section (d).  Chair MacWood said that she was concerned that would seem repetitive.  Commissioner Hogan replied that Commissioner Reeves had made a good point and offered a friendly amendment that the language be changed to say “any related addition to this establishment’s frontage will not cause the total …”, because it could be an expansion that isn’t covered.  After additional discussion, the commissioners decided that Commissioner Hogan’s proposed language was confusing. 

Chair MacWood stated that the Zoning Administrator must decide if an addition exceeds 25 percent.  Commissioner Reeves asked whether the limit is always set at 25 percent for commercial overlay districts and whether Woodley Park has plans to raise that percentage?  Chair MacWood replied that the laws in Woodley Park are currently set at 25 percent. 

Chair MacWood said that the 25 percent limit is only applicable in Ward 3.  Commissioner MacDonald suggested changing the language “25 percent” under § 1302.5 because it applies only to Ward 3 and instead put “the applicable percentage”.  Chair MacWood stated that 25 percent is all right because it’s already used in the legislation.  Commissioner MacDonald asked why the Capitol Hill commercial overlay district has 50 percent.  Chair MacWood said that each overlay district is handled by a separate section in the zoning regulations and she does not know why the Zoning Commission approved 50% limit for Capital Hill.  Commissioner MacDonald said she feels that the resolution should read “applicable percentage”.  Commissioner Hogan and Chair MacWood stated that 25 percent is the current legal limit and that this resolution in not intended to address that issue.  Commissioner Vorndran said that the ANC should use boilerplate language. 

Commissioner Welsh asked Chair MacWood about the issue of vesting and whether ANC 3C should recommend a DCRA license or permit application wherein the applicant specifies their purposes rather than getting a general business permit.  Commissioner Welsh stated that he doesn’t think businesses should be allowed to construct first and then apply for a permit because they are then invested in the project.  Chair MacWood said she believes the current language in the draft resolution covers that and that a building permit application requests the specific intended use.  She suggested that it might be possible to work with DCRA and precertify a license as the Office of Planning has negotiated with DCRA for youth centers.

A community member asked if DCRA would begin to enforce the limits.  Commissioner Welsh stated that he thinks this resolution requires them to.  Commissioner Hogan asked if the resolution would go to the Zoning Commission.  Chair MacWood said it would.  A community member said that ANC 3C should make sure it’ssatisfied with DCRA’s planned enforcement procedure. 

Commissioner Reeves asked if Cleveland Park exceeds the 25 percent limit.  Commissioner Welsh said that he believes it’s close, but he isn’t certain of the exact percentage.  Chair MacWood said that eliminating delis and carryouts would reduce the number. Commissioners Welsh and Vorndran both called the question.  Resolution 2003-029 was passed by a vote of 6-0-1, with Commissioner Reeves abstaining. 

Commissioner MacDonald stated that she had raised this issue at the Planning and Zoning meeting.  She is concerned about existing restaurants because there is no record of who is over or under the limits.  Commissioner MacDonald clarified that the language says ground-level, so upward expansion should be fine, but she wants to protect existing establishments. 

e. Chair MacWood introduced a resolution to authorize a study to analyze the benefits of underground wires and moved the motion.  Commissioner Vorndran seconded and called the question.  Resolution 2003-030 was approved by a unanimous vote of 7 – 0.

Commissioner Reeves stated that it’s typically difficult to get input from renters.  Chair MacWood suggested holding a community meeting.  Commissioner MacDonald suggested having a meeting at The Gables and incorporate the issue of Woodley Park alleys.  Commissioner Reeves said that having two issues might make for a muddled meeting. 

The transportation co-chair, Peter Espenshied, asked Commissioner Vorndran whether references to blocks in the proposed resolution are clear because there are no thru streets to mark the blocks.  Commissioner Vorndran said that the blocks correspond with the building numbers.  The Transportation Committee agreed to review the issue.

Commissioner Vorndran left the meeting at 9:58 p.m.

g. A community member introduced residents’ petitions supporting traffic calming measures on Porter Street.  He stated that 91 percent of Porter Street residents supported the petition to convert a 36th Street stop sign into an all-way stop.  In the two blocks touching 36th Street, 33 houses are occupied and 73 percent of the households signed the petition.  Chair MacWood asked whether the community member had the petitions on hand to give to Commissioner Reeves.  He said he did.  The transportation co-chair, Peter Espenshied, stated that there are two issues in this resolution and that he thinks the issue should be referred to DDOT for evaluation. The community member asked if the commission would draft a resolution that evening.  Chair MacWood suggested moving on to the Officer’s Reports while Commissioner Reeves drafted a resolution for the commission to review.

b.  Commissioner Hahn informed the commission that he has sent to the Treasurer a reimbursement check that had been sent-back to the ANC3C on his request.  This check had been issued to an insurance carrier for payment of a policy to insure the Administrator for Worker’s Compensation.  However, because he was informed by the D.C. Government that the Administrator position is covered under the city’s worker’s compensation, the ANC3C no longer needs to obtain this insurance through an outside insurance carrier.

f.   Commissioner Welsh reviewed the FY 2004 budget.  The commissioners agreed to delete the worker’s compensation insurance allotment because it is covered by the D.C. government and to increase the phone allotment to allow for Verizon voice mail service.  With minor changes, the FY 2004 budget was approved by a unanimous vote of 6 – 0.