Advisory Neighborhood Commission 6B
Minutes of Regular ANC-6B Meeting
Tuesday, April 13, 2004
Commissioners Present: Julie Olson, Will Hill, Mary Wright, Neil Glick, Keith Smith, Daryl Snowden, Francis Campbell, and Ken Jarboe.
Commissioners Absent: David Sheldon, and Scott Cernich.
Chairperson Julie Olson chaired the meeting and all commissioners introduced themselves.
There is a quorum for conducting business.
Changes in the agenda -
Will Hill made the motion to accept the agenda as mended and Daryl Snowden seconded. The vote to accept was unanimous, 7 to 0.
Commissioner Francis Campbell joined the meeting.
Mr. Curtis Elker (?) of the 1700 Block of Independence Ave is planning a flowerbed out front and wanted to know the rules governing such action and does the commission support his efforts. Julie’s response was that the commission does support his efforts. There is no need to secure permission from the commission. However, Francis Campbell stated that there is a height restriction of 12” on item place on the curbside of the street. It was suggested that Mr. Elker contact the Public Space Office for exact requirements.
A community member mentioned that someone was giving away free trees. It was suggested that for more information interested parties should contact, Trees for Capital Hill.
Bill Roucsell, President of Champs wanted to know who to contact regarding sidewalk conditions outside residences. Julie stated that the DDOT would be the best, and the contact person there would be Rachel MacCleery. Bill said he had her phone number.
An inquiry was made regarding a vacant school building in the area and if it was abandoned. Per Will Hill, the building is not vacant and the owner has plans to active an educational institution once proper certification is obtained. As long as the property is maintained in somewhat proper condition, there is nothing that can be done to the owner.
The announcement was made
that a group has received permission for a Farmers Market on
Julie Olson announced for the
community a meeting regarding the
Will Hill announced that this
Thursday night, PSA 112 will be conducting a meeting at
Francis Campbell announced a DC Town Hall meeting regarding the DC Board of Education on April 17th, at Dunbar H.S. @ 11:00 a.m. On the Agenda will be Superintendent search process. For more information contact: Mr. Russ Smith at (202 442-4289
Hill announced that the Metro Police Department’s Advisory Council will be
holding a fundraising Dinner in honor of Joseph K. Smith. The mission is to raise sufficient funds to
send 70 kids, approximate 10 per precinct to summer camp and to build two (2)
cabins. Each cabin is estimated to cost
$7,500 and will house 20 kids. The
Dinner will be held at the National Catholic Shrine of the Holy Family located
the community an announcement: April 23rd – 25th, the
American Association of Planning will be conducting it National Conference in
announcement: DDOT is currently conducting a study of the Anacostia River
Crossing and the
NASA is offering to make available a mural from the Hubble Telescope for placement in ANC 6B. Bill is recommending that the mural be placed at the 7th and I street underpass, on the west wall. The mural is a night shot captured by the Hubble Telescope, which means the image is rather dark. The Children from the Project for the Arts have created the mural that is four (4) large panels, 40 feet by 10 feet.
Due to the darkness of the image, the first issue is proper lighting to display the mural. Second, is the issue of potential defacement by graffiti. Third, who would be responsible for maintaining the mural? Fourth, is the sufficient space in the underpass to actually display the mural? Fifth, has he received any feedback from the neighbors in the area regarding the potential placement of the mural? Sixth, has other locations been considered? Seventh, will NASA being installing the mural?
The Commission members agreed that if NASA was willing to underwrite the cost of installing lights at the 7th and I underpass, and paying for maintenance, they would be very much in favor in the mural placement.
Since Bill McLeod’s presentation was for information purposes only, no vote was required on the matter. However, Bill will continue his research, and report back to the Commission at a later date on his finds.
Delplace and Marisa Scalera of Oehme, van Sweden & Associates (OvS) made a
presentation to the commission and community regarding the current progress of
the project. There were several issues
discussed pertaining to pedestrian traffic:
first, the potential of opening access to the metro via the north side
of Pennsylvania Avenue; second, building a bridge over Pennsylvania Avenue;
third, erecting a fence to prevent pedestrians from crossing the street without
properly using the designated crosswalk areas.
Additionally, there were discussions regarding how to provide adequate
The purposed of the presentation was to provide the commission and community with an update on the project and to receive input from both. Therefore, no vote of action was required.
BZA Application #17157 Kirsten Oldenburg,
The Committee recommends the support of this application.
The Commission voted 8 to 0 to support the application.
Rezoning – Capitol Hill Restoration
Society is seeking support for rezoning of the area between 7th and
The Committee supports this request to rezone the area from R-5D to R-5B.
The Commission voted 8 to 0 to support the rezoning request.
HPRB – Regulations, Ken Jarboe made a presentation to the commission regarding the new Historical Preservation regulations. In the new regulations sets up a process where ANCs are given 15 days notice of the final agenda which we currently get 10 days. It recognizes that 15 days is insufficient time for the ANC to voter. It puts in it a section that specifically allows for a Request for Delay, a delay of 45 days for any item on the agenda. There is a little bit of concern that has been raised about one section. The section states “The affected ANC may request the deferral of Board review of cases involving matters of significant to neighborhood planning and development, if the ANC has not received the requisite notice of the ANC Act. The ANC shall make this request by notifying staff in writing or electronic mail by at least 48 hours before the scheduled board meeting. The request shall state that the ANC has not had sufficient opportunity to hold duly public noticed meetings to consider the application. Upon receipt of a legally sufficient ANC request, staff shall defer the case until sufficient time to ensure that the agency has received notice of 45 days.”
The system they are setting up is one in which we must constantly monitor their agenda in order to properly voice our recommendations and concerns.
The Committee recommends that ANC 6B request that HPRB regulations be changed to provide ANCs with notice of projects being considered by HPRB, including those on the consent and denial calendar with 30 days notice advance, as required by ANCs.
Ken Jarboe offered an amendment to be included in our resolution. The amendment is to replace “legally sufficient ANC request” with “designated representative of the ANC”.
Ken Jarboe made the motion for the amendment and Daryl seconded. The vote to accept the amendment was 8 to 0.
The vote to accept the recommendation of the Zoning and Planning Committee was 8 to 0.
Presented by Neil Glick –
Where as, in the pass 12 months at Massachusetts Avenue and 16th Street, we have witnessed no less than 3 serious car accidents, one in which was fatal to a young man, and one saw the destruction of a MPD cruiser.
Where as, cars speed through the intersection of 15th and Massachusetts Avenue, SE, to 17th and Massachusetts Avenue, SE, creating a 2 block roadway with cars traveling at high rates of speed, else where in the neighborhood.
be it resolved that ANC 6B request that the DC Department of Transportation
install an All Way Stop at the intersection of
Campbell offer the following Friendly Amendment: “DDOT also add an All Way Stop, and perform a
Traffic Count Study at the intersection of
The Commission voted to accept the Friendly Amendment by a vote of 8 to 0.
The Resolution was seconded by Commissioner Keith Smith, and the resolution passed by a vote of 8 to 0.
No representative from Marty’s was present.
Presented by Keith Smith
On April 7, 2004, the ABC
Committee met at 7:00 p.m. In attendance
were Keith Smith, Vice Chair and Kenan Jarboe.
Up for discussion was an Application for ABC Regulation, Application #
31997. The applicant is Marty’s
Restaurant, located at
No representative for Marty’s was present at the meeting. Therefore, Keith Smith will contact Marty’s to execute the new Voluntary Agreement.
Community Discussion: An audience member inquired as to the configuration of the restaurant. Keith Smith explained that 50% of the 2nd floor restaurant is covered and the remaining portion is outside on the deck.
Based upon the recommendation, the committee voted 8 to 0 to support the application pending the signing of a New Voluntary Agreement.
Item 1. Urge the Council to reject any amendment that would restrict the use of any Voluntary Agreements.
Item 2. When the new Bill was passed in 2001, they limited who could file a protest. Previously, anyone could file a protest. They changed it to read, “a group of at least three (3) or the ANC or a recognized community association.” There is some movement to further restrict that is designed to take away the ability of group of three (3) or community associations.
Item 3. The issue is business hours. There is an amendment to move the hours of class “A” and “B” licenses to longer hours. Based upon community input, they are satisfied with the current hours and do not look to extending the hours.
No community or Council comments were received on this resolution. The Commission voted 8 to 0 to support the resolution.
Presenter, Commissioner Jarboe – Commissioner Cernich is unable to attend, thus Commissioner Jarboe’s involvement. Commissioner Cernich received a call from General Counsel of ABCD concerning the wording of the License of the Voluntary Agreement with Yes Natural Food Market having to do with a couple of phrases regarding how we were restricting singes bottles of organic beer, and reserving the right to revisit the issue.
The issue is, a Voluntary Agreement is an act of the ABC Board, and we cannot reserve a right, but we do keep our rights to protest later on. Therefore, we can protest, but cannot put it (our protest) in a Voluntary Agreement. Therefore, we need to strike that from the Voluntary Agreement.
The next issue was …How do we define singles without being discriminatory? The issue is we say you don’t have to put organic beer in clear plastic bags, but everything else has to be put in clear plastic bags. The owner of Yes Organic Market is willing to amend the agreement to reflect size instead of product type. The amendment is that singles will be placed in clear plastic bags depending upon their size. Since we do not have a copy of the actual Voluntary Agreement, at this time, the Vice Chairman Keith Smith was authorized to negotiate a change in the Voluntary Agreement based upon those principles just stated.
Commissioner Jarboe made a motion to authorize Keith Smith, Vice Chairman, ABC Committee, to negotiate with Yes Natural Food Market to change the Voluntary Agreement to state that singles will be placed in clear plastic bags depending upon their size. Commissioner Campbell seconded the motion.
There were no comments from the community.
The Commission voted 8 to 0 to accept the resolution.
Approval of New Staff Hire – Bert Randolph
Commissioner Olson introduced the new staff person, Bert Randolph to the Commission and Community. Ken Jarboe asked if Mr. Randolph had reviewed and executed an Employment Agreement. Julie Olson stated that prior to the meeting she and Mr. Randolph had reviewed and executed the agreement.
Julie Olson informed the commission that the hourly rate would be $17.73 instead of $17.70 as previously stated in the Executive Committee meeting.
A commissioner wanted a clarification of the language in the employment agreement that referenced to the number of days to terminate the agreement. It was agreed that it will 15 calendar days.
Julie Olson made a motion to support the employment of Bert Randolph. The motion was seconded by Commissioner Campbell. The vote was 8 to 0 to support the employment of Bert Randolph.
Quarterly Report – 2nd Qtr.
Commissioner Jarboe informed the commission that routine expenses were for telephone services, which covers three (3) months, taxes, and payments for catch-up items, including an $18.00 refund from Workman’s Compensation. This refund was due to the fact that ANC employees are covered by DC’s Workman’s Compensation. The DC Auditor had also overlooked this item. Utility bills for the entire year were also paid. Due to negotiations, the ANC received a $1,500.00 reduction in its utility bill from the landlord. The other expenses are for Agency security and EMCAC dues.
Commissioner Jarboe stated that we have not received the new allocation in our bank account yet. However, we have received letters that our allocations for 1st three (3) quarters of ’04 have been approved, and should be forth coming.
A motion was made by Ken Jarboe to approve the Quarterly Report as presented. The motion was seconded. The vote was 8 to 0 to accept the Quarterly Report as presented.
Commissioner Jarboe stated that he received a letter from the Auditor stating “we had not yet submitted our 1st Quarter Financial Report, which was due on March 1, 2004.” The letter also threatened various actions if not received by April 20, 2004. Ken Jarboe, upon receiving the letter wrote back immediately to Mrs. Nichols explaining that he personally delivered the report to her office on February 18, 2004. Ken Jarboe received a memo dated March 24, 2004 from Barbara Jumper, Associate Chief Financial Officer stating that the DC Financial Auditor had reviewed our 1st Quarter FY 2004 Financial Report, and had no objections to the release of 3rd Quarter FY 2004 Allotment.
In a follow-up phone conversation with the DC Auditor’s office, Ken Jarboe was informed that an error was made in stating they had not received our Financial Reports, in addition to other ANCs.
Ken Jarboe made the recommendation that all future reports that are hand-delivered the person should obtain some type of written verification of receipt.
There was no further business and Commissioner Will Hill made the motion that the meeting be adjourned until its next meeting date of May 11, 2004. The motion was seconded, and the vote was 8 to 0.
Prepared by Bert Randolph