Mr. Tangherlini began by discussing the recent Hurricane and gave statistics as to storm damage and both the District and DDOT’s progress in repairing damage. He asked residents to be patient and take care when walking and driving in the neighborhoods.

Mr. Tangherlini stated that DDOT was planning to meet with members of the community by the end of the month to discuss DDOT’s priorities, but he felt that, due to long-standing problems in Woodley Park concerning street light outages, it was important to speak directly to ANC 3C this evening. He explained the various obstacles to replacing streetlights and stated that his employees are reworking DDOT’s plan on how to utilize the $16 million budget for streetlight replacement. To date, they have managed to trim fifty percent off the cost of the previously submitted plan.

Mr. Tangherlini outlined the timeline for the streetlight replacement project, which is scheduled to commence on September 26. DDOT expects to fold-in this project with another project involving Federal aid for enhancing street lighting in certain parts of the city; this will result in a reduction of cost for the project and provide a contracting vehicle which will allow moving the project ahead by several months. He expects to have the Federal Highway Administration’s approval by November 10. Following that, DDOT will have a one-month solicitation period, with bids being submitted by December 10. He expects to be able to issue a “notice to proceed” with the contract by January 25, with a project completion date of January 2005. He indicated that DDOT wants to have community involvement with phases of the project (e.g., placement of street lights in the community, coordination with the community, advising of construction schedules which will disrupt parking, selection of the actual types of street light poles that will be installed).

Mr. Tangherlini asked that the community provide regular feedback to DDOT. He identified Colleen Smith (671-2228), one of eight ward planners, as a point of contact for ANC 3C community members. The Woodley Park inspector is David Waldike.

Commissioner Hahn asked whether lights would be replaced as bulbs burn out while design of the project is underway. Mr. Tangherlini responded that one blown bulb would cause the entire circuit to malfunction and that DDOT would have to locate the source of the problem and, if it could not be repaired, install a “shunt” that will complete the circuit so that the lights below the defective lighting fixture will come on.

Chair MacWood asked whether the more expensive design for he replacement project would have allowed for underground power cables. Mr. Tangherlini responded that underground lines are very expensive and that DDOT is examining the cost and benefit, as well as learning from Baltimore’s experiences.

Commissioner Hogan asked if there had been any studies or reports showing an analysis assessing the effect that global warming seems to be causing on the increase and severity of storms and if this is taken into consideration when budgeting future expenditures. Mr. Tangherlini responded that, for budgeting purposes, they don’t look at potential problems that might occur 30 years out.

Commissioner MacDonald thanked Mr. Tangherlini for attending and stated that his accessibility is very important. She praised his staff’s efforts and encouraged further partnership between ANC 3C and DDOT.

Chair MacWood invited questions. A resident from the 3300 block of Highland Place stated that she appreciated Mr. Tangherlini’s efforts to establish trust and fair play but questioned why a former DDOT Report about unsafe conditions in the vicinity of the NCRC was reversed and why DDOT has proposed inconvenient measures for taxpayers to pay for commuters. Mr. Tangherlini responded that DDOT can mitigate problems by working on projects without community support. They are working on not putting one group first and another last

Chair MacWood stated that she is familiar with the report and believes the resident’s question is very relevant. The report raised many unsafe traffic conditions that existed in the vicinity of the NCRC and ANC 3C opposed expansion of the school due partly to this issue. She also noted that the school came up with a traffic management plan that seemed to reverse DDOT’s thinking.

Commissioner Welsh asked what it takes to get schools to work with the communities. Chair MacWood pointed out that the issue is related more to expansion than to the school itself. Mr. Tangherlini stated that it is a land use issue and encouraged the community to get involved. The Highland Place resident expressed concern about a reduction in street parking for those without driveways.

Commissioner Welsh posed a final question about the local utilities’ conflicting street digging schedules. Mr. Tangherlini stated that all utilities now have to provide six-month and two-year plans in GIS format and DDOT will issue one permit for street work. Utilities must work out schedules among themselves. However, there are still occasions where DDOT paves a street only to have a utility dig it up a short time later for emergency repairs.

Commissioner MacDonald reiterated that DDOT should continue its good work and ensure that ANC 3C is included. Chair MacWood thanked Mr. Tangherlini and his staff for attending.

b. Chair MacWood moved to the next agenda item: Consideration of voluntary smoke-free environments within ANC 3C. Commissioner Vorndran reminded commissioners that ANC 3C first considered this issue two months ago. Since then, City Councilmembers Patterson and Fenty have introduced legislation calling for mandatory smoke-free workplaces in D.C. Chuck Thies of Smoke-Free DC introduced himself and requested permission to read his resolution out loud. Commissioner Vondran gave him the floor. Mr. Thies stated that Smoke-Free DC is calling for ANC 3C’s support of the legislation currently before the City Council.

Mr. Thies cited revenue increases in New York State since the enactment of its smoke-free ban. Chair MacWood asked if Mr. Thies was suggesting that revenue is up due to the ban or simply that the ban hasn’t hurt businesses. Mr. Thies stated that broad assumptions should not be made because the legislation is too recent, but that there is strong anecdotal evidence showing that families are returning to patronize establishments that previously permitted smoking on the premises and that has led to an increase in revenues and employment. Smoke-Free DC anticipates the most resistance from hotel and restaurant owners.

Commissioner Hahn asked whether the City Council’s proposed legislation includes suggestions on the distance smokers must be from buildings when they smoke outside. Mr. Thies said that his organization’s proposal included that language, but the language of the law must be simplified and that this issue would certainly cause much debate. The current language calls for a distance of 25 feet from building entrances.

Commissioner Vondran moved the resolution after the removal of a single clause. Commissioners Hogan and Chair MacWood seconded. Commissioner Hogan stated that she would like to see more studies. Mr. Thies asked the commission to consider testifying and to patronize and thank smoke-free establishments. Chair MacWood asked whether the Mayor’s office has come out in favor of the legislation. Mr. Thies confirmed that Mayor Williams was planning to attend a prayer breakfast and lend his support, but that Hurricane Isabel had pre-empted his doing so. A resident noted that restaurants may desire to expand outdoor seating if the law is passed. After further discussion, ANC 3C Resolution 2003-023 passed by a vote of 7-0.

Chair MacWood stated that her research had uncovered a January 18, 1990 covenant enacted between ANC 3C, the Australian Ambassador, and Mr. and Mrs. John Jenkins (a former ANC commissioner and his wife). Chair MacWood has shared the covenant with Mr. Roda and stated that, under the agreement, the Embassy is precluded from commercial, institutional, or residential development of the property, but that there is no language on fence construction. Mr. Roda added that the agreement coincided with the construction of two houses on the property.

Mr. Roda stated that the planned over-height fences are being requested at 3148 Cleveland Ave and 3115 Woodland Drive. Those areas are governed by public space because they are within the building restriction line. Chair MacWood asked how far the existing brick wall is from the sidewalk. Mr. Roda responded that it is between 12 and 18 inches with grass in between. Commissioner Hahn asked if the new fence construction would continue to be at least 12 inches from the sidewalk. Mr. Roda indicated that it would.

Commissioner Vorndran complimented the embassy on their well-laid-out plans and stated that, while his district cares about the Ambassador’s security, they would like the Embassy to ensure that the fence is not too overbearing. Mr. Roda replied that Ambassador Stokes plans to work closely with the ANC and public space during construction.

Chair MacWood moved the motion in the absence of Commissioner Nord. Commissioner Vorndran seconded. The motion passed by a unanimous vote of 7 – 0.

b. Chair MacWood stated that the owner of the building housing Papa’s Liquor at 3703 Macomb Street filed an application to remove the public payphone at that location. She stated that the owner of Pap's Liquor said that the phone is rarely used and a nuisance that attracts garbage and vagrants. Chair MacWood stated that the building owner was unreachable due to an out-of-service number in his application. Chair MacWood said she had also spoken with Commander Moore at the MPD, who said that there have been no complaints about the phone and MPD had no objection.

Chair MacWood stated that the public space committee intended to look at all longstanding pay telephones in its boundaries and determine whether the community is interested in retaining them. Commissioner Hogan stated that two public phones are available in the Giant grocery store parking lot. Chair MacWood stated that two are also located at Macomb and Wisconsin. Commissioner Vorndran asked who owns the phones. Commissioner MacDonald said that Sprint is the owner.

Commissioner Reeves suggested that the Commission move that some of the more offensive phones be removed and stated the phone at Papa’s Liquors does not seem to be a problem. Commissioner Vorndran deferred to the Commissioner whose district encompasses the phone, but noted that payphones are becoming obsolete and appear to attract crime and trash. He applauded the liquor store for cleaning the area surrounding the telephone and maintaining the phone.

Commissioner Hogan stated that since the phone is fairly well hidden, it doesn’t provide much benefit in an emergency and she feels there is no public benefit to retaining the phone. Chair MacWood stated that it is beneficial to have payphones in commercial districts, but that since there are five within a two-block area, it would make sense to remove a few. Commissioner Welsh suggested that if the phones at Macomb and Wisconsin were removed, perhaps people would begin to notice and utilize the phone outside Papa’s Liquors.

Chair MacWood stated that Denise Whitaker, the Director of Public Space, has not responded to her questions about when payphones were installed and their current status. Commissioner Vorndran suggested placing the issue on a monitor list and revisiting it in a year.

Commissioner Hogan stated that ANC 3C should require a higher standard of design and place more attractive payphones on major arteries. She suggested revisiting that issue at a later meeting.

Commissioner Hogan moved to deny the motion to remove the payphone at 3703 Macomb Street. Commissioner Hahn seconded. Commissioner Welsh opposed. The motion passed by a vote of 6-1.

c. Chair MacWood stated that the owners of the residence at 3413 Ordway St. have filed an application with the Historic Preservation Review Board to build an addition to both the front and back of the residence. Commissioner Welsh stated that he had spoken with the architect earlier in the day and that he could not attend the ANC meeting due to a conflict. The architect reported to Commissioner Welsh that he has met with the Cleveland Park Historical Society Architectual Review Committee, which suggested changes to the front porch work. The HPRB had similar proposed changes. Both CPHS and HPRB were in favor of the work in the rear. Emily Palis at HPRB is recommending against the work in the front. Commissioner Hogan asked about the architecture of the other houses in the area. Commissioner Welsh explained that the houses are Tudor and stone duplexes with partially enclosed porches. Commissioner Welsh stated that the HPRB was planning to rule on Thursday, September 25, 2003, opposing the front work and proposing changes on the rear. The architect has agreed to meet with ANC 3C commissioners at the P&C meeting on October 20.

Chair MacWood stated that she wants HPRB to be made aware that ANC 3C has not received any designs or communication from the owners and, therefore, cannot make a recommendation until the owners appear in front of the commission. Commissioner Hogan concurred. Commissioner Hahn asked if no recommendation implies a negative recommendation. Commissioner Vorndran stated that the commission has no information to make a positive recommendation. Commissioner Welsh asked whether the commission is responsible for calling applicants once it receives the schedule. Chair MacWood stated that the onus is on the applicant. The HPRB notifies applicants that they are required to appear before their ANC and it is the applicants’ responsibility to do so.

Commissioner Welsh moved that ANC 3C request that HPRB not consider the proposal before them for 3413 Ordway Street until such time as applicant or applicant’s representative presents the proposed renovation plans to ANC 3C. Commissioner Hogan seconded. The motion was unanimously approved by a vote of 7 – 0.

d. Chair MacWood asked if there would be any objections to moving two administrative agenda items under Officer’s Reports and moving on to the consideration of a draft enforcement regarding the enforcement of the Cleveland Park Commercial Overly District. There were no objections.

Commissioner Welsh explained that this resolution is a follow-up to several resolutions dealing with the Cleveland Park Commercial Overlay over the past 18 months. He explained that there is a new restaurant opening at 3518 Connecticut Avenue in front of the Mazza Building. Commissioner MacDonald asked if the restaurant would be opening soon. Commissioner Welsh said that the construction had been ongoing for roughly six weeks and that a sign suddenly appeared for an Italian pizzeria.

Commissioner Welsh explained that District law provides that only 25 percent of the area be assigned to restrictive uses. Zoning Commissioner Robert Kelly met with ANC 3C at its November 2002 meeting. He stated that no building permits or certifications would be granted until the rules and regulations governing them were concluded. The Director of DCRA stated in January 2002 that no more restaurants would be granted permits in the area until the Zoning Commission released its decision. However, since then more permits have been granted and no count has been conducted.

Commissioner Welsh moved a resolution asking the current DCRA Director to revoke building permits and issue a stop work order at 3518 Connecticut Avenue and urging him to keep the Zoning Administrator's November 2002 pledge not to grant further permits until a count has been conducted and the regulations are in place. Commissioners Hahn and MacDonald seconded.

Chair MacWood offered a friendly amendment to reword sections 8 and 9 to specify that it’s the Zoning Commission that must adopt regulations since DCRA has already done so. Commissioner Hahn asked whether the Zoning Commission would issue guidelines or a decision. Chair MacWood responded that they would issue a decision. She stated that she had uncovered an August 1, 2002 letter from the acting Zoning Administrator reporting on measurements they took after enacting their procedures. For the property in question, they listed it as a beauty salon, not a restaurant. Commissioner Welsh stated that a salon had been there for a short time and therefore a new restaurant should not have been permitted at that location.

Commissioner Hogan requested clarification on the issue over which the Zoning Commission must issue a ruling. Chair MacWood explained that they originally looked at text amendments to the regulations concerning ways to measure food and drink establishments in commercial overlay districts. The ANC and CPCA complained and the Office of Planning suggested substantive language changes. The Zoning Commission agreed to make changes and the Office of Planning is currently drafting new language. Chair MacWood was told by Corporation Counsel that they will be finished with the language by the end of October, at which point they will have a new hearing on the significantly altered text.

The president of the Cleveland Park Citizens Association stated that it is appalling that numbers are not available on the overlay issue and that he believes the current language is badly written. CPCA would like to propose that the Zoning Commission clarify the overlay and make it more enforceable. CPCA would like to partner with ANC 3C and would request that ANC 3C not put anything in the resolution that would preclude proposals from CPCA. He also asked what ANC 3C would like DCRA to do. Commissioner Welsh stated that ANC 3C wants the DCRA to issue a stop work order. Chair MacWood stated that they want DCRA to honor their commitments to the ANCs.

b. Commissioner Hahn moved a resolution to provide workers compensation to the Administrator at the rate of $289 annually. Commissioner Hogan asked if the coverage is required and if a six-month term of coverage is available. Chair MacWood stated that it is not required, but that she would like to offer it. Commissioner Welsh stated that if the ANC cancelled coverage early, it would be pro rated. Commissioner Vondran agreed it is necessary, but suggested that the ANC ask the District to take it over as a government benefit. He agreed to support ANC provision of coverage for one year.

Commissioner Hahn moved the resolution. Commissioner Vorndran seconded. Chair MacWood agreed, with the understanding that the Secretary would request that the D.C. Government pay for it in the future. Commissioner Hogan requested that the ANC look at mutual insurers rather than for-profit insurers. ANC 3C Resolution 2003-026 passed by a unanimous vote of 7 – 0.

c. Commissioner Hahn provided the commissioners with quotes for the purchase of a new copier for the ANC 3C office. A community member asked whether the ANC had considered leasing. Commissioner Hogan asked if a lease would include service. Commissioner Vorndran asked Commissioner Hahn to come back with a recommendation. Chair MacWood asked if the ANC could budget a certain amount so that the copier could be purchased by the next meeting. Commissioner Hogan asked if $150 per month could be budgeted for office equipment. Commissioner Welsh stated that the current budget does not include office equipment rental. Chair MacWood suggested including it in the FY 2004 budget due in October. Commissioner Welsh suggested taking a used copier from the D.C. Government’s surplus warehouse. Chair MacWood stated that the commissioners would discuss the issue before the next meeting and consider it in October.

d. With minor changes, the August ANC3C minutes were approved without objection. Commissioner Welsh abstained.

b. Commissioner Reeves stated that a number of people on Ordway attended the transportation committee meeting and that they have started a Yahoo Group. She stated that there have been many e-mails about the left turn at 34th and Porter Streets. Commissioner Welsh stated that a left turn is not appropriate at that intersection.

Commissioner MacDonald stated that she has passed on Commissioner Reeves’ traffic calming advice to her Woodley Park constituents and requested a special meeting in Woodley Park to deal with four problem alleys.

Commissioner Reeves stated that McLean Gardens has requested assistance in reengineering the location of its fountain because both sides of the Y intersection currently have a three-way yield.

Chair MacWood suggested that Colleen Smith from DDOT be asked to a future meeting to discuss the issues. A community member recommended appointing one ANC commissioner as the point of contact with Ms. Smith and suggested marking on the ground where poles might be placed for the lighting project.

Commissioner Reeves stated that she has had complaints about the intense lighting from the McDonalds in her district. She has contacted the owner who has argued with her, but he eventually agreed to a meeting.