MERRY CHRISTMAS AND HAPPY NEW YEAR TO EVERYONE!
See you again in January.
 
 

UPPER WISCONSIN AVENUE CORRIDOR STUDY
From:  "Collins, Robert (OP)" <Robert.Collins@dc.gov>
"Please hold the following important dates on your 2003 calendars for
the Upper Wisconsin Avenue Corridor Study.  Specific locations for the
meetings will be sent soon.
--- January 8, 2003 - The Public Kick-Off Meeting 7-9pm
--- January 15, 2003 - The Retail Informational Meeting 7-9pm
--- February 3-6, 2003 - The 4-Day Community Charrette or Workshop"
 
 

CHRISTMAS BAKE SALE
From: "Polly King" <pking@lldhhome.org>
The Lisner-Louise-Dickson-Hurt Home, 5425 Western Ave. NW is holding a
Christmas Bake Sale on Thursday, December 19, 12 Noon until 6:30 pm.
Profits benefit the Residents of the home.
 
 

OSTEOPOROSIS WORKSHOP
From: Wendy Maiorana <wendymaiorana@hotmail.com>
The Osteoporosis Workshop that was to be held at Iona House on December
5  had to be cancelled because of the snow.  It is rescheduled for
Thursday, January 9, 2003.  Any questions.  Call Wendy Maiorana,
202-686-5471.
 
 

BRIEF LIST OF CRIMES IN THE 'HOOD
>From November 1 to December 8:
Robbery -- 0
Burglary -- 7
Theft -- 25
Theft From Auto -- 15
Stolen Auto -- 5
Arson -- 1
Simple Assault -- 3
Destruction of Property -- 7
Marijuana Arrest -- 1

PUBLIC MEETING ON PROPOSED LAND SWAP BETWEEN
THE PARK SERVICE AND THE CASEY FOUNDATION
From: <anc3b@att.net>
Monday, December 16, 2002, 7:00 pm, Georgetown Neighborhood Library, R
Street, NW.
The National Park Service will hold a public meeting to discuss the
recently completed environmental assessment reviewing the proposed land
exchange between the Park Service and the Casey Mansion Foundation.
 
 
 

ZONING COMMISSION HEARINGS ON STONEBRIDGE
From:  "Elinor Green and Joel Hunter" <greenhunter@starpower.net>
A third session of the Zoning Commission hearings on the Stonebridge
request for upzoning in order to build a large condo-apartment building
on the Washington Clinic site will be held at 6:30 p.m.,  tonight,
Monday, December 16 in the ZC hearing room on the 2nd floor of 441
Fourth Street (also known as One Judiciary Square), the building
immediately at the head of the front exit of the Judiciary Square Metro
station.

Following statements by supporters of the Stonebridge request who were
unable to speak at last week's hearing, the Commissioners will hear from
FhORD representatives in opposition and then will probably allow
individual opponents of the Stonebridge proposal to explain their
opposition in no more than 3-minute statements each -- provided they are
not duplications of what has already been said. If you cannot attend on
such short notice, you can still put your opposition to the rezoning in
writing and address it to Carol Mitten, Chairman, Zoning Commission,
District of Columbia Office of Zoning, 441 4th Street NW, Suite 210-S,
Washington, DC 20001. You MUST reference Case #ZC 02-17 (Stonebridge
Associates).
 
 
 
 

MORE STREET EXCAVATIONS
From:  <PA2CONSULT@aol.com> (Al Peter )
A sign was just put up on the corner of 43rd and Yuma indicating that a
communication line of some sort is to be installed underground from
River Road along 43rd Street to Yuma.  It gave the name of a Mr. Wayne
Collison of the Woodlawn Construction Co. as the point of contact for
information.  He told me that a line is being installed up River Road to
Wisconsin Avenue to Tenley Circle, then on the south side of Yuma Street
over the hill to 43rd St.  This is contrary to what the sign says.  He
indicated that the line is being installed for the "Teleport
Communications Group".  When I asked for what purpose, he said it is
"for the Government"!  When asked which branch of the government, he
didn't know.  When I asked where the line would go from 43rd and Yuma,
he said he thought it was to connect with a manhole somewhere there.

This whole thing is very vague and it sounds like we are in for some
more surprises.  Could someone in authority check out the whole story on
this proposed line.  I would be curious to know if AU is up to something
again.
 
 
 

HISTORIC RESOURCES SURVEY AND SNAP
From: "Carolyn Long" <carolynlong@earthlink.net>
As a member of the Tenleytown Historical Society, I was gratified to see
that 51 interested citizens attended the kick-off meeting for the
Historic Resources Survey. It was my impression that most of the
attendees were excited about the work that we, in partnership with Paul
Williams, an architectural historian with Kelsey and Associates and the
Historic Preservation Office/Office of Planning are about to undertake.
The very few who expressed negative opinions were answered fully and
respectfully, and I hope their fears about "all of Tenleytown becoming a
historic district" were put to rest. Both Tim Dennee and David Maloney
of HPO are very accessible and helpful, and will certainly answer any
further questions that you have about the advantages and disadvantages
of living in a historic district--IN THE EVENT THAT CITIZENS
SHOULD WANT THAT DESIGNATION (timothy.dennee@dc.gov and
david.maloney@dc.gov) I would like to remind readers who blame THS for
the "white elephant on Wisconsin Avenue," meaning the Sears Building,
that the Art Deco Society was the prime mover of the application for
landmark status, with support from THS; furthermore, as you learned from
Armand Spikell of Madison Retailers, plans are going forward to build
housing on top of the building, with three major retailers in the
existing floors. That old white elephant will soon be the anchor of our
commercial district. I would also like to remind those who are still
upset over the historic designation of the firehouse that THS reached an
agreement with the fire department and withdrew our nomination. Like the
rest of the community, we thought plans were proceeding when the Capitol
Fire Museum came from out of nowhere with a nomination. They did not
consult THS or the ANC. Some THS board members were present at the
hearing before the Historic Preservation Review Board, but we did not
testify in support.
 
I hope that everyone also read the notice about the Strategic
Neighborhood Action Plan (SNAP). One of the "neighborhood priorities
expressed by citizens" in those planning sessions, in addition to retail
and residential development of Wisconsin Avenue and traffic/pedestrian
safety, was historic preservation and retention of the small-town
character of Tenleytown. Far from being "undemocratic," as one irate
gentleman said in a letter to the mayor, EVERYBODY had a chance to
participate in these planning sessions, and now that Office of Planning
has hired an architectural/marketing/planning consultant, you will have
ANOTHER chance to make your voice heard. If you don't choose to be part
of the planning process, please don't complain about the plan.
Carolyn Long
 
 
 

MORE ON WISCONSIN AVENUE BEAUTIFICATION
From: <CooperJM@aol.com> (Jo Cooper, Chair, WABP)
Thanks for your comments, KD, about the need for trees to breathe!
That's why we have chosen to use mulch or bricks laid in sand over the
years for the Wisconsin Avenue Beautification Project.  If you'll look
in front of both the old Hechinger's and the Tenley Library, you'll see
brick laid in a herringbone pattern, on a bed of sand, with brick-lock
edging to keep the paving in place.  We installed this paving, having
gotten permits from the city government for both the paving and
plantings we have done.  Ideally, we would love to eventually have this
kind of brick paving wherever pedestrian traffic makes plantings
impractical.  Alas, although it is attractive, durable, and ecologically
desirable, it's not cheap!  If anyone wants to help with fund-raising
for this, please let us know.  Meanwhile, we try to maintain plantings
where foot traffic permits, and mulch where required.

Someone recently wrote also suggesting surrounding trees with protective
wrought-iron barriers, such as the handsome low ones in use in various
well-landscaped streetscapes downtown.  We explored using these for the
project, and again, they are quite expensive.  We've chosen instead to
skirt trees where possible with liriope, which is so durable, keeps
weeds down, and tolerates moderate foot traffic.  Priorities for the
project right now are plantings & maintenance, collecting trash &
encouraging neighbors to do so, & procuring an adequate number of trash
receptacles.  Volunteers and positive energy are always needed &
welcome.  Over the years, the WABP has always been a few hard working
people.  Would you like to help?
 
 
 

WHERE DO I GET PARKING PERMIT FOR EMPLOYEE?
From: "Graham, Alyse" <Alyse.Graham@usdoj.gov>
I thought I remembered reading in a past Communit-e about getting
on-street parking privileges for nannies/domestic workers where there is
a Zone 3 sticker requirement.  Do you know anything about this or how I
could follow up?  Thanks, Alyse Graham
 
 
 

NEXT PSA 205 "PARTNERSHIPS FOR PROBLEM SOLVING" MEETING
From: <anc3b@aol.com>
The next PSA 205 "Partnerships for Problem Solving" Meeting is scheduled
for Thursday, December 19th, from 6:30 to 7:30 in the Wesley Room of St.
Luke's Church (39th and Calvert Streets). The objective of these
meetings is for the community and PSA 205 police officers to address
community-wide issues together and develop strategies to best handle
them.  Hope to see everyone there.
 
 
 

MARYLAND MAN LIVING IN CAR IN 'HOOD
From: "Peter Butturini" <pgb@tidalwave.net>
I  want to mention a situation that I believe the police and community
should be aware of. About a week ago, on a Friday night, a white Jeep
Cherokee Laredo Maryland license M143606, parked on the  street in front
of our house. We didn't give it much thought until we realized it was
still parked there on Sunday.  On inspection, the vehicle was clearly
being lived out of.  In fact, late Sunday afternoon, the owner heaved
himself out of the back and drove off. I had a chance to see the
individual clearly, and I realized I'd seen him before in the
neighborhood but now realized that rather than a new neighbor, he is a
homeless person living out his car.

I've called the 727-1010 number but since he's done nothing wrong, the
police have merely sent a cruiser to do a drive by. I assume he will
park in front of someone else's house now and continue his routine, as
the shops are convenient for him.  Just a note as a heads up and maybe
you have a thought.
 
 
 

COATS FOR KIDS
From: "Connie Grandmason" <CGrandmason@specialolympics.org>
In an earlier email you mentioned an organization that needs coats for
kids. Can you please share that with us again?
--------
The organization is the Children's Advocacy Center. After the holidays I
will be available to pick up and deliver any coats and clean clothing
you'd like donate to the Center. If you would like to send a check,
please make it out to Children's Advocacy Center and mail it to them at
300 E Street, N.W. Washington, D.C. 20001. Their phone number is
202-638-2575. This is a really worthwhile organization and directly
helps our children who are most in need of help.
 
 
 

THANK YOU TO ANOTHER CARING FAMILY
Thank you to Peter Butturini and Gina Mirigliano and thier children for
their generous donation of coats and boots to the Children's Advocacy
Center.
 
 
 

FUNDS NEEDED TO TAKE WILSON STUDENTS ON EXCURSION
From: Richard Clark <biking2@yahoo.com>
Mrs. Shaw a teacher at Woodrow Wilson Senior HS is seeking donations in
order to take several well deserving, but financially strapped students
on a three-day excursion to New York City.  We need to raise $1,964, and
if at least 200 people donated $10 each we'll reach our goal.  Please
Contact Ms. Shaw at 202-282-0120 Woodrow Wilson Senior HS.  Final
Deadline:  December 17th.
 
 
 

CRIME FORUM POSTPONED
From: "Floto, Mary Ann (EOM)" <MaryAnn.Floto@dc.gov>
The Mayor's Forum on Crime and Prevention scheduled for Thursday,
December 12, 2002, has been postponed.  Notices will be sent out as soon
as a new date has been confirmed.  If you have any questions, please
contact the Office of Community Outreach at 442-8150.
Thanks for your support. Mary Ann Floto, Office of Community Outreach,
202-727-9820
 
 
 

COMMUNITY BULLETIN BOARD

**** From: <Infomang@aol.com> (Carla Freeman )
Manny, Mo and Mack are available for adoption.  They are 8 month old
kitties who have done a lot of living in their short lives.  They were
condemned to-you know what-in an animal shelter in West Virginia until
they were rescued by a nice lady who fostered them in her home for a
while and then drove six hours so that they could come to DC to have a
better chance of adoption.  After spending two months, in a two by three
cage, looking adorable, but not getting adopted, they came to my house
to stretch their legs and get a fresh chance at finding a new home.

**** From: "Ellis, Susan" <sellis@pd.state.gov>
I have  several storm doors to give away.  They are in back of my house
next to garage: 5340 42nd St., (just off Military Road.)

**** From: <Snoozindc@aol.com> (Susan Mitchell)
I wanted to offer a play gym to someone for the taking.  All they have
to do is take it apart and haul it away.  Please call Susan at
202-686-9583 if interested.

**** From: <Copingptnr@aol.com>
Our excellent housekeeper has extra time for your house.  She is English
speaking, unfailingly pleasant, and has been willing to do whatever
extra duties we asked.  You may call Marlucia Chaves directly,
301-933-2893, or me, Susan Beale, at 202-363-0976.

**** From: Lauren Sachs <sachs177@yahoo.com>
I am a college student home from approximately December 15 - January 6
and looking to earn some extra money through house-sitting and
pet-sitting. I have been doing this work for over 4 years, have
excellent references, am familiar with a wide variety of household pets,
and present reasonable and flexible rates for a very high quality of
care. I work mainly in the NW metro area of DC but I am able to travel
around the city if necessary. I am accustomed to both daily pet-sitting
and overnight house-sitting. If interested, please email me at
sachs177@yahoo.com or call 202-966-4660.  Thank you.

****  From: <Teayoub13@aol.com> (Elizabeth Ayoub)
Please contact Elizabeth Ayoub at teayoub13@aol.com for babysitting
children four years of age and older; or for house/dog-sitting.

**** From: <Jah824@aol.com> (Judy Horowitz )
Studio Apartment for Rent -- Our son's apartment on Cathedral Avenue is
available now for a year's lease.  It is a bright, light newly
re-decorated efficiency with a full kitchen on the 10th floor of a
medium rise building convenient to AU and multiple bus lines.  Rent of
$895 includes all utilities, garage parking, HBO, 24-hour desk, and
more.  Please call 364-4116.

**** From: "Subodh Mishra" <subodh.mishra@irrc.org>
Female professional looking for 1 bedroom or studio in AU/Tenley area
w/in walking distance to Metro.  Would like to move in by 1/1/03, but is
flexible.  Max. rent is $800 w/utilities, or $750 w/out.  Contact
bleukers@hotmail.com

**** From: Brosowsky <csbrent20016@yahoo.com>
Apartment to Share  -- MacArthur Blvd. near GU, AU & Sibley -
Responsible, considerate female seeks same to share FURNISHED 2
bedroom/1 bathroom upper flat apartment; washer & dryer in basement,
dishwasher, air conditioning and great front porch complete with wicker
porch-sitting furniture; $725/month includes utilities EXCEPT separate
existing phone line.  Security deposit required; short term ok.  Sorry,
no pets. Candace @ 202-363-9865 or csbrent20016.

**** From: "Michael Calingaert" <MCALINGAERT@brookings.edu>
 We are looking for a new gardener (starting as soon as the snow melts!)
for garden clean-up,  mulching, and some planting, and then regular
maintenance, including mowing. Can anyone recommend a knowledgeable (we
do not need a garden designer), competent, reliable and
reasonably-priced person?

**** From: "Ronald Springwater" <rspringwater@compuserve.com>
KITCHEN CABINET INSTALLER - Can anyone please recommend someone to
repair the installation of kitchen wall cabinets?  Many thanks.

**** From: "Anne Chase" <chase-healy@erols.com>
I have a new single bed mattress and a double bed boxspring that I am
willing to sell for $100 each. These are both new and unused. I will
even deliver them to your house if you live inside the Beltway.

**** EXPANDED RESTAURANT  IN THE 'HOOD
The Mediterranean Deli at 4629 41st St. (near Brandywine) has expanded
into the building next door, added more tables  and changed its name to
Mediterranean Cafe. It retains the same phone number - 362-1006. Under
new management (as of a year ago) it has added some new menu items and
changed its decor. It's a nice informal neighborhood restaurant with
good food. You can also still get carryout.

**** From: <LeftBankBakery@aol.com>
Dear Ms. Smith,
A number of folks have come into our new restaurant(Left Bank Bakery
Cafe) saying they read about it in your newsletter.  Thank you for
letting people know about us. We are thrilled to be in the neighborhood
and appreciate the terrific support from out neighbors.  They have been
so concerned about the break-in we suffered just one week after opening
and they have been coming in to eat as well.
I wonder if you could put us on the e-mail list for future issues as
well as forwarding the one with the kind mention of us.  I know the
staff would appreciate it very much.
Thank you in advance and please come in and say hi.
Sincerely, Jay Feldman, Proprietor, Left Bank Bakery Cafe

**** From: <StarAKA4U@AOL.COM> (Tonya Walton)
PAVILION HEALTH & SWIM CLUB -- $50 dollars off Enrollment fee for
December!!! Please feel free to stop by to see our full fitness facility
located in the Embassy Suites Hotel in the Chevy Chase Pavilion.
Tonya Walton,  General Manager,  tel: (202) 362-9300 ext. 262
 
 
 

CLEARING THE SIDEWALKS OF SNOW AND ICE

**** From: <anc3b@aol.com>
Forwarded Message from the D.C. Department of Public Works
>From Mary Myers, Public Information Officer, DPW
With respect to the clearance of sidewalks in compliance with District
law and the requirements of the Americans with Disabilities Act (ADA),
the key points are as follows:
 
* District law requires property owners (home and business owners) to
clear snow and ice from sidewalks abutting their property within the
first 8 hours of daylight after snow, sleet or ice stop falling.  (DC
Code, 2001 Ed, §  9-601.)  If ice cannot be cleared without damaging the
sidewalk, then property owners may spread abrasives to make the
sidewalks safe.  (DC Code, 2001 Ed, §  9-604.)

* Property owners must also clear snow from the ADA-bicycle curb ramps.
These are part of the sidewalk.
 
* The District must publicize these legal requirements vigorously in the
media and inform the public that they may be fined for failure to
comply.

*  Property owners should be informed that they are "responsible for"
clearing snow and ice from their sidewalks.  If they are unable or
unwilling to clear the sidewalks themselves, they should hire someone
else to do it for them.)
 
*  If property owners fail to comply, the District is required to clear
their sidewalks (DC Code, 2001 Ed., § 9-605) and sue the property owners
for the cost of clearing the snow or ice plus a $25 fine (DC Code, 2001
Ed., § 9-606).

The National Park Service is responsible for clearing sidewalks around
federal buildings.  Likewise, the District is responsible for treating
sidewalks and steps around municipal property.  Please share this
information with your constituents.
Mary L. Myers, Public Information Officer, District Department of Public
Works
202/671-2375 (Desk)
202/345-2930 (Nextel)
202/671-0125 (Fax)

**** From: Millie Coleman Groobey
<bedandbreakfast-washingtondc@erols.com>
I think we really need to push the people who don't shovel their
sidewalks after a snow.  I live on Van Ness Street and know of people
who, as of yesterday (Wednesday the 11th), still had ice and snow on the
sidewalks.  Could you please remind everyone of the DC regulations about
shoveling sidewalks and also remind them of their liability if they
don't?

**** From: <MISDiver@aol.com>
To all of our neighbors in AU Park/Tenleytown:  Please, please shovel
the walks in front of your homes down to the bare pavement when it
snows!  We live an area with a lot of foot traffic.  There are many
mothers with young children as well as elderly that walk extensively.
Over the last couple of weeks it has been treacherous going with the
packed snow and subsequent ice on many uncleared sidewalks.  Be
considerate!

**** From: "Shari Pfleeger"<spfleeger@earthlink.net>
Please remind the neighbors of the importance of shoveling their walks
early and often when we have snow and freezing rain.  The walks that
were shoveled were pretty easy to navigate during our recent storms, but
those that were not shoveled -- or not shoveled completely -- were
treacherous. If you cannot do your walk yourself, please ask a neighbor
to do it for you. Especially during the holidays, there are likely to be
lots of students who could use a few extra dollars doing that snow and
ice removal. Also, please think about our elderly neighbors who may not
be able to shovel during a storm, and try to arrange for those walks to
be shoveled too. Many thanks.
 
 

 
PLEASE DONATE NEW AND GENTLY USED TOYS TO KIDS WHO REALLY NEED
THEM!
From: "KD McLynn" <kdmclynn@starpower.net> (Kathleen McLynn)
Please include this notice for our annual collection for Mt. Rona:
Do your kids have toys, infant items, clothing, games, books, or sports
stuff (roller blades, cleats, bikes, helmets, etc.) that they have
outgrown?  Are you looking for a way to help disadvantaged kids have a
happy holiday?  In the spirit of the season, please consider donating
them to Mt. Rona Baptist Church.
 
Each year, Mt. Rona (on 13th and Monroe Streets, NW) holds a Christmas
celebration where toys find their way into the hands of less fortunate
children, including kids from the local homeless shelter.  All items in
good condition are welcome and your donation is tax deductible.
 
This grass roots effort first started 12 years ago when families at
Stoddert School, where Bernice McCallum taught for 13 years, first
adopted the program in support of her volunteer work at Mt. Rona Church
with DC children.  Now families in AU Park, Cleveland Park and other
neighborhoods support this great cause as well.  (It is an all-volunteer
effort, with no administrative waste.)
 
If you would like to make a contribution, please drop toys off at the
porch of any of these locations 24/7:
4332 Albemarle Street, NW;
4209 Warren St., NW;
4120 Garrison St., NW;
3929 Benton Street, NW;
3723 Veazy St., NW
5124 Chevy Chase Pkwy (use alley, BACK porch)
Please make your donation no later than Thursday, December 19.
If you have questions, please call:
Bernice McCallum
(202) 726-5852
Mt. Rona Baptist Church
 Kate McLynn
(202) 966-9837
St. Columba's  Church
 
 
 

THANKS FOR THE SUPERCANS
From: <wheels-dc@att.net> (John Wheeler)
Kathy, About a year ago, when new Supercans were delivered to our
neighborhood,  you published my request for Supercans that people didn't
want.  Many people responded.  There were more offers than I could
accept.  Please publish this thank-you to everyone for offering me their
extra Supercans. The Supercans are being put to good use.  I've
collected many bags of leaves in the neighborhood and shredded them and
now storing them until I can use them in my compost. In the Spring, I'll
use these leaves and collect and shred magnolia leaves.  They're my
favorite because of the herbal smell.
 
 

#######

THREE  ITEMS OF INTEREST FROM THEMAIL@DCWATCH:

**** REAL PROPERTY APPEALS TO BRPAA
Mark Eckenwiler, themale@ingot.org

A tip for those embroiled in appealing their property assessments to the
Board of Real Property Assessment and Appeals. Under DC Code
47-825.01(f-1)(6), "[t]he real property owner is entitled to obtain any
response made by the Mayor to an appeal filed by the owner with the
Board. The Mayor shall make the response available at a reasonable time
upon the request of the real property owner and no less than 5 business
days prior to a scheduled hearing." In other words, the Office of the
Assessor isn't allowed to sandbag you at the hearing with a response
you've never seen, assuming you ask to see it in advance.

**** BOGUS SURVEY
Annie McCormick, amccormick@itic.org
I came home one night last week to my apartment to find a three page
survey under my door. (I live in a "secure" building). No contact
name(s), no number, no address was given on this survey. It stated "This
survey is being conducted by a student research group at The Wharton
School of the University of Pennsylvania. The survey is in no way
affiliated with your respective real estate management firm. All
information collected is confidential and for research purposes only.
Your participation in this project will be greatly appreciated. You'll
also have the chance to win $100 in a raffle we will be conducting among
survey participants. All surveys can be returned to your management
office. The purpose of this survey is to study the apartment rental
market and correlations between [sic] a variety of preferences,
lifestyles, backgrounds, and behavior related to searching for and
purchasing apartments."

I called the Wharton School and spoke with Anne Marie Urban at the
Dean's office (215/898-4155). She said this survey is in no way
connected with the University of Pennsylvania or The Wharton School and
that no such student research group exists. The survey asks you to give
personal information which is not your management company's business.
Just wondering if this has appeared in apartment buildings elsewhere?
Who would go to the time, effort and expense to do this?

**** INSURANCE IN DC
Art Spitzer, artspitzer@aol.com
John Whiteside wrote: "Are there rules about when insurance companies
can cancel auto policies in DC? I just received notice that my company
is going to cancel my policy because of two claims in 2001 . . . it
seems like I'm being punished for actually needing the insurance I've
paid good money for." I forwarded his message to the DC Insurance
Commissioner, Lawrence Mirel. Here's Mr. Mirel's educational reply,
which smart people will take to heart:

"Insurance is a highly competitive industry and companies carve out
their individual 'niches.' Some are 'preferred' companies that will sell
only to persons with essentially perfect driving records. Some are
'standard' companies that sell to persons with a couple of accidents or
speeding tickets, but not many. Others are 'substandard' writers who
will sell to persons with significant numbers of claims. What category
you fall into determines what rate you pay. The rate for 'preferred'
policyholders is obviously less than for standard or substandard. Many
insurers have both 'preferred' and 'standard' companies and will move
people back and forth between those companies depending on their record
(although of course people always have the option to change from one
carrier to another). Two claims within a couple of years will cause
someone to be moved from a preferred company to a standard company. A
'clean' record for 3 or 5 years (depending on the company) will give you
a chance to move up from 'standard' to 'preferred.' Obviously this
system provides a disincentive to file claims -- indeed, it is intended
to do so -- which is why I always advise people to buy a policy with the
highest deductible they can reasonably manage (which results in a lower
insurance premium) and then pay the small stuff out of pocket without
filing claims. The message you forwarded to me suggests that Mr.
Whiteside had two very small losses which probably could easily have
been paid by the insured out of pocket. That is what he should have
done, to avoid being non-renewed. And he would have paid lower premiums.

"My frustration is that people don't understand that this is how the
insurance system works. That is partly a failure on the part of
insurance companies (and insurance regulators, like me) to get the
message out, and partly a pervasive sense of entitlement that people who
buy insurance have that their policies should pay for any losses, no
matter how small. That is why people insist on buying policies with the
smallest possible deductibles when they should be picking the highest
deductibles. Insurers will pay for covered losses above the deductibles,
but policyholders will pay higher premiums when claims are made, or will
be non-renewed.

"The same principles apply, by the way, to health insurance, but try to
explain to people that they should take high deductibles on their health
insurance policies and pay small bills themselves. They look at you
like  you are crazy."

#######
 
 

THE BRAZIL BULLETIN...
For the Week Ending December 6, 2002
From: "Heilbron, Shana (COUNCIL)" <SHeilbron@dccouncil.washington.dc.us>
In This Issue...
- Council Approves Brazil-Backed Legislation
- DMV Coming to the Wards
- Cell Phone Study to be Released in February 2003
- Gold Star: Emily Vetter
- Bonehead Award: Peter Agelos
 
 
 

THE TREE BILL

**** From:  Anonymous
In my opinion, this is the worst piece of legislation I have ever seen
coming out of the Council.  Please DO NOT INCLUDE MY NAME OR ADDRESS in
whatever you publish. Thanks.

**** From: Bernard Ries <truebr@erols.com>
Subject: Opposition to the Tree Bill (Urban Forest Preservation Act)
I've sent the following commentary on the tree bill (14-307) to all
members of the Council.  I understand that the bill will be taken up on
Tuesday, 12/17, perhaps for a final vote.  It seems to me that the bill
is unnecessary, possibly unconstitutional, potentially cumbersome, and
unclear.  If you agree, you might send off an e-mail to Council members,
particularly Patterson, Fenty , Schwartz, and Mendelson. All members'
addresses are basically the same, only with substitution of the
appropriate name (for instance, kpatterson@dccouncil.washington.dc.us).

December 12, 2002
From: Bernard Ries
Subject: Bill 14-307

To the Members of the D. C. Council:
I was, to say the least, startled to read in The Post on December 4 that
the Council has preliminarily approved a bill "requiring homeowners and
developers to pay fees that could run several thousand dollars for
cutting down large trees on their own properties."  Having now had a
chance to review the proposed legislation, I respectfully offer the
following thoughts.
         1. I recently asked a visiting arborist how much it would cost
to take down our two oaks, which were looking peaked after the last arid
summer.  His figure was $6500.  The total circumference of the trees is
about 210 inches.  Under the Council proposal, the permit fee of $35 per
inch could cost another $7350 if the trees were not officially deemed
"hazardous," for a total cost of removal of $13,850.  We are therefore
talking about potentially significant sums chargeable to a homeowner for
exercising a right to take action with respect to his own property.  I
understand and applaud the Council's underlying purpose of preserving
the tree canopy.  However, although Council's approach does not require
preservation of covered trees, which would likely be an nconstitutional
taking of property, it attempts to circumvent that problem by economic
coercion, which may be similarly unlawful.
         2. The proposed law states, in Sec. 104 (a), that all persons
(including homeowners) may remove a Special Tree only after obtaining a
permit.  One has to wonder why the Council would choose to sweep tens
of  thousands of homeowners into the uncertain ambit of this new and
complex mechanism.  Unquestionably, the number of homeowners who might
actually decide to engage in the costly exercise of removing large
healthy trees is microscopic.  Application of the bill's restrictions to
this entire group would, on balance, impose an unnecessary burden upon
your constituents while in no meaningful way serving the laudable
objective of protecting the tree canopy.  Putting aside the
constitutional questions, it would be quite sufficient to satisfy the
preservation goal by applying the legislation only to those parties who
objectively appear to have a direct commercial motive for taking down
covered trees.
         3. Although not specified in the bill, I assume that the
legislation, in Sec. 104, contemplates a regulatory scheme in which a
person who proposes to remove a "Special Tree" must file an application
with the Department of Transportation.  Sec. 104 states that the Mayor
"shall" issue a permit where the applicant has "shown that the Special
Tree in question is a Hazardous Tree."  How is this "shown"?  Well, Sec.
102 says that "Hazardous tree" means a tree that, "in the opinion of a
certified arborist," is defective, etc.  This would imply a
cut-and-dried process: the tree owner obtains a written opinion from a
certified arborist, sends it in with his application, and receives his
permit.
         But wait. The definition goes on: "In any case, the Mayor shall
have the authority to determine that a tree is not hazardous."  This
suggests to me that the Mayor will, upon receipt of the application,
routinely send out an agent to inspect the tree, an agent who is in fact
authorized to determine that it is "not hazardous".  If this is so,
three questions come to mind.  Does not the applicant, by submitting the
arborist's opinion, conclusively "show," as indicated by Sec. 104, that
the tree is "hazardous"?  If he does not so show, then why should he
bother first securing that opinion if the Mayor will make an independent
assessment anyway?  And where does the poor homeowner then go for
relief  in attempting to remove an arborist-certified diseased tree
without having to take out a second mortgage to pay for the permit (why,
I suppose that he first hires the arborist's brother-in-law, an attorney
with a specialty in Special Trees, and then off he goes to court, which
shouldn't take more than a few years, by which time the tree will be
seriously diseased and the case mooted).
           Of course, a civilized society makes many demands on its
members, and usually we must swallow the bad with the good, but
sometimes common sense should prevail.  If this bill must go through, at
least let an arborist's opinion, in the absence of fraud, be conclusive
of the issue of  "hazardous."  (If I am in error about the projected
procedural scheme under the bill, I would appreciate an express
statement by Council as to how it envisions the operation of the
system.)
         4. Discussion of this bill among subscribers to my listserv has
usefully pinpointed other real-life problems. Suppose a large tree is
ailing, but, in the eyes of the owner's arborist, is not certifiably
"hazardous".  The owner would be willing to pay for its removal, but
decides to wait until it is clearly "hazardous" to avoid the permit
cost.  This may ultimately save her a tidy sum; given that these
decisions are less than scientific, however, it also could turn out to
be costly for the rest of us if she waits too long.
         What about situations where the trees are healthy, but the
owner is not?  A neighbor took down two large trees because their shade
caused the house to be "plagued with mold and mildew."  This bill does
not provide for a cost-free permit in such cases.
         Ditto for trees which, a new homeowner has been told, threaten
the foundation of his home.
         Ditto again for a healthy tree planted so close to a property
line that its branches annoyingly fall on a neighbor's roof.
         Are there other lurking scenarios in which it would be unfair
to saddle a tree owner with an exorbitant permit fee?  Who can doubt it?

         In short, this bill is neither problem-free nor equitable.  The
best resolution is to scrap the present bill and the new bureaucracy it
will engender, save the expense of administering this bad idea, and put
that money into tree planting.  The next best, if there must be one, is
to exact the permit penalty only from commercial enterprises that will
reap an economic benefit from felling trees. I would appreciate specific
comment upon these issues from my representative Ms. Patterson, from
Council member Mendelson, the author of  the bill, and from any other
member who wishes to respond.  Thanks very  much for your earnest
consideration.
Bernard Ries
 
 
 

LEVINE SCHOOL OF MUSIC PRESENTS THE LEVINE STRING VIRTUOSI
From:  Brian Jones <bjones@levineschool.org>
EVENT: Levine String Virtuosi in performance
WHO:   Levine String Virtuosi with:  soprano Kathleen Wilson,
mezzo-soprano Jeanne Kelly,  cellist Whitney Delphos
WHEN:  December 19, 7pm
WHERE: Levine School of Music,  Jane Lang Recital Hall, 2801 Upton
Street NW DC,        Van Ness metro
COST:  free
INFO:  www.levineschool.org,   202-686-9772

Levine School of Music is pleased to present an ensemble of its finest
students this December 19 at 7pm. Under the direction of violinist, Olga
Yanovich, The Levine String Virtuosi was created to showcase Levine's
brightest string players. The ensemble will present selections from J.S.
Bach's The Art of the Fugue, a movement from Luigi Boccherini's Concerto
in Bb Major for Cello and movements from Giovanni Pergolesi's Stabat
Mater.
 

-- END --