Minutes of Public Meeting

February 27, 2012

Chevy Chase Advisory Neighborhood Commission 3/4G

Chevy Chase Community Center

5601 Connecticut Avenue, NW

Washington, DC 20015.

1. Call to Order and Quorum. The meeting was called to order at 7:30 PM by Chair Thompson. Commissioners present: Thompson, McCarthy, Beach, Griffin, Cook, and Sewell. Absent: Engel. A quorum was declared.

2. Attendees. Approximately 30 persons were present.

3. Agenda. The agenda was agreed by vote of 6-0.

4. Commissioner Announcements. Commissioner Sewell voiced her displeasure at the new policy regarding parking regulations for seniors and the disabled recently promulgated by DDOT, which will take effect on March1. Under the new policy those with a handicapped parking permit may park at “red top” meters for an extended period (up to 4 hours), but must pay the parking meter. Previously, a vehicle displaying a handicapped parking permit could park in any available spot for free. Commissioner Sewell noted that there were very few “red top” meters in the Chevy Chase area, a community with many senior residents, and that where she checked these, the meters had conflicting regulations regarding their use. Commissioner Cook had written a letter to the Northwest Current (published February 22) in which she also noted the difficulties this would pose for seniors, and added that neither the Department on Disability Services nor the Office of Disability Rights had been involved in the DDOT decision. Councilmembers Cheh and Bowser were asked to hold hearings on the matter.

5. Community Announcements. Representatives from Councilmembers Bowser and Cheh offices, Judi Gold and Anthony Lopez, respectively, introduced themselves, and Tom Smith of the Mayor’s office was also present. Ms. Gold stated that Councilmember Bowser’s bill to increase the income limit for the senior homestead deduction from DC real estate taxes (from $100,000 to $125,000) was working its way through the Council. Further, her bill to clarify that only lump sum payments to retirees would be subject to withholding at the highest DC tax rate (9.5%) rather all retiree annuities or other periodic distributions is also working through the Council. This is expected to be passed as “emergency” legislation shortly. Mr. Lopez said that oversight hearings would be held DDOT in March and that the issue of parking for the disabled could be raised at that hearing.

Ms. Lynn Fitzpatrick presented plans for a community garden in Rock Creek Park to be located in the northwest quadrant of the intersection of Shoreham Drive and the Rock Creek Parkway (downhill from the Omni Shoreham Hotel). Its aim is to showcase urban sustainable agriculture as with other community gardens hosted by the National Park Service in Rock Creek Park. Its purpose is also to contribute to the better use of green space in an urban area and increase opportunities for many who are on waiting lists in DC seeking a gardening plot. The garden would be managed by a board which will enforce strict guidelines as to gardening techniques and maintenance. Commissioner McCarthy, noting the success of the community garden at Oregon Avenue and Northampton Street, suggested that the Commission consider and vote on a motion to send the National Park Service a letter of support at its next meeting.

6. Commissioners’ Report on Meeting with DDOT Regarding Speed Humps and Other Traffic Issues in Chevy Chase Community. Chair Thompson reviewed the Commission’s discussions with DDOT regarding traffic calming in the community. He said that the Commission recognized the need for speed humps on many streets to slow traffic, but also noted that when done on a piecemeal basis, it might cause traffic to divert to other streets in the neighborhood. The Commission had called for a study of the area by DDOT to remedy the street-by-street approach which had led to the “Rock Creek West Livability Study”, but while many of the recommendations had been implemented, issues regarding speed humps remained. In particular, it remains unclear what the role of the ANC is in the approval process and, more technically, whether DDOT’s published engineering standards are being followed in the installation of speed humps. The latter issue was the subject of the Commissioners’ meeting with DDOT on January 30. It appears that all speed humps in our area may be out of compliance with the engineering guidelines (either not wide enough as the car crosses and/or too high off the ground), so that cars cannot cross at a reasonable speed (e.g., 15 mph) without a jolt or risk of damage to the underside of the car. To date, the speed hump in the 5700 block of Chevy Chase Parkway has been widened to 12 feet, two humps in the 5100 block of the Parkway have been marked to be widened, as have those on the 3700 block of Morrison Street, the 3200 block of Beech Street, and the 3700 block of Jenifer Street. Commissioners have asked for, but have not yet obtained, a list of all non-compliant speed hump installations in the Chevy Chase area as well as a timetable for remedial work to bring them into compliance. Chair Thompson noted the importance of getting the right balance here – speed humps where they are needed, for the sake of safety, but not so high that they interfere with even slow moving cars or cause diversion, such that the engineering guidelines need to be observed.

7. Tree Bill—Urban Forestry Administration Reorganization Act 0f 2011. Commissioner McCarthy provided a brief description of current law regarding tree removal on private property. In 2003 legislation was passed to protect the tree canopy of DC by requiring residents seeking to remove a tree that had a circumference of 55 inches or larger to either replace the tree with ones that totaled 55 inches or pay $35 per inch of the circumference into a special tree fund for support of tree programs. The present bill to modify this law, introduced by Councilmember Mendelson, would, among other things, reduce the circumference requirement to 40 inches, require the replacements equal one-and-a-half times the removed tree’s size, and move the jurisdiction over Urban Forestry to the Department of the Environment from DDOT. Commissioner McCarthy said it is the view of Casey Trees that the legislation does not go far enough to address current problems with compliance, maintenance, and the diversion of funds from the Tree Fund to the DC’s general funds accounts. It also does not address the problem of removal of trees from public property. Commissioners were in general agreement in their comments about the importance of protecting our tree canopy, which Chair Thompson noted is such an important and unique aspect of our city. After discussion, Commissioner McCarthy said that he would draft a letter to Councilmember Mendelson for discussion and possible vote at the next meeting.

8. 5109 Connecticut Avenue—Request for Exemption from Vacant/Blighted Property Designation. Commissioner Griffin briefly described the current situation with the property at 5109 Connecticut Avenue. It has been recently purchased with a concept of the new owners being to raze the current dwelling and redevelop it into four townhouses as the property in its present condition cannot feasibly be rehabilitated. The new owners, represented at the meeting by Mr. Sanjay Khanna, found that the property has been declared “vacant and blighted” by the Department of Consumer and Regulatory Affairs (DCRA) and thus subject to very high real estate taxes ($10 per $100 assessed value). It would take time to obtain a raze permit (and hence obviate the vacant and blighted designation), and hence the owners were asking for ANC support for an “exemption” from the onerous tax classification. DCRA has no such exemption in its regulations, but Mr. Pemberton, the Program Manager for vacant properties at DCRA, said that the agency might make a discretionary decision for the owners if the ANC supports it. After discussion, Commissioner Griffin made a motion to send a letter to DCRA that in view of the fact that there are new owners who want to improve the property (and have to date already taken certain measures) and that such improvement would be in the community’s interest, such consideration should be given by DCRA provided that the “blighted conditions” are removed within a month and within 6 months the structure be removed (and hence not vacant) or that substantial steps be taken to otherwise rehabilitate or renovate the building. The Commission agreed to the motion by vote of 6-0. Commissioner Griffin said he would draft a letter for circulation and comment.

9. ANC Meeting Procedures. The Commissioners discussed various ANC meeting procedures and meeting logistics. It was generally agreed that depending on the meeting – especially if there are “controversial” issues to be discussed with large attendance, the Commissioners should continue to address in advance of or at the outset of the meeting (by motion if necessary), (a) time limits for speakers or for discussion of the issue; (b) sign-up sheets for speakers (a process used by the Commission previously on the issue of historic preservation in Chevy Chase DC); and (c) holding discussion over multiple meetings. It was agreed that generally, it is helpful and appropriate for a Commissioner to first introduce an issue and explain the background and what is at issue, with Commissioner introductory comment when appropriate, followed by public comment. The Commissioners also discussed improving the microphone situation in meetings. The Commission will continue to try to improve the ANC website in various respects.

10. Commission Business.

a. The Minutes of the January 23 public meeting were approved by vote of 6 – 0.

b. Checks: The ANC approved by vote of 6-0 checks for $95.74- Verizon (Feb); $56.00 US Treasury (FUTA for 2011).

c. ANC Quarterly Allotment received for $2,632.33 (net of disallowed grant).

d. Items for the next meeting on March 26 include: further discussion and possible motion and a vote on the establishment of the community garden in Rock Creek Park; further discussion and possible motion and vote on the tree bill; four-way stop sign at Utah Avenue and Northampton Street; and other matters to be determined.

The meeting was adjourned at approximately 9:40 pm.

The next scheduled meeting of the Commission is Monday, March 26, 2012 at 7:30 pm.

Signed

Gary Thompson Allen Beach

Chair Secretary and Treasurer