Advisory Neighborhood Commission 6B

Regular Meeting Minutes

December 13, 2011 – 7:00 p.m.

Hill Center at the Old Naval Hospital

 

Commissioners Present: Francis Campbell, Jared Critchfield, Brian Flahaven, Neil Glick (Chairing), David Garrison, Carol Green, Norman Metzger, Kirsten Oldenburg, Brian Pate.   Absent Commissioner: Ivan Frishberg

 

1.      Adoption of Agenda

Commissioner Green requested adding discussion about a Task Force organized by Councilmember Jim Graham concerning changes to liquor laws.  Commissioner Pate requested adding a letter to General Services about lead mitigation during maintenance and repair in schools and amending the August 2011 Redistricting Resolution. Commissioner Critchfield requested removing the November Commission minutes from the consent agenda.  Commissioner Garrison moved (with a second from Commissioner Flahaven) that the agenda be adopted.  The motion passed 9-0.

 

2.      Community Speakout

Chip Glasgow of Holland and Knight and Lisa Schreiber of Wagtime announced plans for a new dog care business at 1232 9th Street, SE.

 

3.      Community and Commission Announcements

Commissioner Pate announced the December 19 Special Call meeting on Eastern Market legislation and the December 14 Hine Subcommittee meeting.

 

4.      Presentations

None.

 

5.      Consent Agenda

Commissioner Flahaven moved (with a second from Commissioner Critchfield) that the consent agenda be approved.  The motion passed 9-0.

                  Planning & Zoning Committee

·         HPA #12-091 – 514 4th Street, SE (former Mt. Joy Church) concept / alterations to convert church to residential use

·         Cupid’s Undie Run—The Children’s Tumor Foundation, February 11, 2012

·        2012 Capitol Hill Classic 10K/3K Race – May 20, 2012

·        Hine Subcommittee website

 

                  Transportation Committee

·         Letter in support of MPD Proposed Substation Parking Plan

                 

                  5a. Meeting Minutes

                  Commissioner Critchfield moved (with a second from Commissioner Flahaven) that the November 8, 2011 Commission Meeting Minutes be approved.  The motion passed 9-0.

 

6.      Alcohol Beverage Committee

·        18th Amendment, ABRA-072633, 613 Pennsylvania Avenue, SE—Expansion of Sidewalk Café seating area.  Commissioner Green moved (with a second from Commissioner Metzger) that the Commission support the sidewalk café expansion after owner Mark Menard presented a revised map for the area of the sidewalk café and a letter stating his intent to maintain a six foot wide sidewalk passage between his café and the treebox.  The motion passed 9-0.

 

Commissioner Green reported on Councilmember Jim Graham’s Task Force which is making suggestions to revise DC liquor laws as needed.

 

7.      Planning and Zoning Committee

·        BZA #18275, 1200 Potomac Avenue, Two variances to open a pet supply store and coffee shop in an area zoned R-5-B. Architect John Acker and owner Carl Allen presented justification of the variance requests.  Commissioner Critchfield moved (with a second from Commissioner Green) that the Commission support the variance requests. The motion passed 9-0.

 

·        B19-0516—Amendment to the Advisory Neighborhood Councils Act of 1975 – Notification of potential community-based residential facilities. Commissioner Flahaven moved (with a second from Commissioner Garrison) that the Commission support the Bill but request 60 days notice instead of the proposed 30 days notice currently in the Bill.  The motion passed 9-0.

 

8.   Transportation Committee

Commissioner Oldenburg reviewed the Committee meeting discussions on sidewalk repairs and the November 30 CSX VAT (Virginia Avenue Tunnel) Project Public Alternatives Meeting.  Commissioner Oldenburg moved (with a second from Commissioner Pate) that the Commission send a letter to CSX outlining principles for determining VAT construction options. The motion passed 9-0.

 

9.      Resolution on iGaming

Commissioners Glick and Oldenburg introduced the “ANC6B Resolution on Internet Gambling in DC” questioning the process by which iGaming was enacted.  Commissioner Critchfield moved (with a second from Commissioner Green) that the resolution be adopted.  The motion passed 9-0.

 

9a. Letter to Department of General Services

Commissioner Pate moved (with a second from Commissioner Metzger) that the Commission send a letter reminding the Department of General Services of requirements of the 2008 Lead Act, due to a recent issue at Maury Elementary School.  The motion passed 9-0.

 

9b. Amending ANC 6B’s Redistricting Resolution

Commissioner Pate moved (with a second from Commissioner Green) that the Commission ratify the Executive Committee’s vote to amend the September 13, 2011 resolution on redistricting.  The amended resolution removes the resolution’s references to ANC 6A.  The motion passed 9-0.

 

10.  Outreach and Constituent Services Task Force

Commissioner Pate moved (with a second from Commissioner Flahaven) that the Commission approve Rodd Santomauro as a Resident Member of the Task Force.  The motion passed 8-0-1 (Commissioner Campbell abstained).

 

11.  Eastern Market Report

Commissioner Pate announced that EMCAC (Eastern Market Community Advisory Committee) will hold a January meeting to respond to the proposed Eastern Market legislation.

 

12.  Capitol Hill East Task Force

Commissioner Flahaven discussed the recent meeting of the Task Force which focused on the Eastern Branch Boys and Girls Club building at 17th and Massachusetts Avenues, SE.

 

13.  Resolution on Creating a Special Committee for Bylaws Review

Commissioner Flahaven withdrew the resolution for the Special Committee.  Instead a working group will review the bylaws and suggest changes to the Commission.

 

14.  Adjournment

The meeting adjourned at 9:00 p.m.

 

Attest: Andrew Jared Critchfield                                                                      Date:

Secretary

 

 

Attachments:

 

Agenda as Adopted

ABC Committee Report

Planning & Zoning Committee Report

iGaming Resolution

 


Meeting Agenda

 

The Hill Center

921 Pennsylvania Avenue, SE

Benjamin Drummond Room, First Floor

December 13, 2011 – 7:00 PM

 

 

Agenda

 

1.   Adoption of Agenda

2.   Community Speakout

3.   Community and Commission Announcements

4.   Presentation

5.   Consent Agenda

Planning & Zoning

·        HPA #12-091 – 514 4th Street, SE (former Mt. Joy Church) - concept/alterations to convert church to residential use

·        Cupid’s Undie Run – The Children’s Tumor Foundation, February 11, 2012

·        2012 Capitol Hill Classic 10K/3K Race – May 20, 2012

·        Hine Subcommittee website

Transportation

·        Letter in support of MPD Proposed Substation Parking Plan

                  Meeting Minutes

·        November 8, 2011 Commission Meeting Minutes

6.   ABC Committee

License Renewal:

(These items will also be considered by the ABC Committee on December 8, 2011, at 7:00 p.m., and will be held at The Hill Center, 921 Pennsylvania Avenue, SE; in the conference room on the third (3rd) floor)

·        18th Amendment, ABRA-072633, 613 Pennsylvania Avenue, SE – Expansion of Sidewalk Café seating area

7.   Planning and Zoning Committee

              (These items will also be considered by the P & Z Committee on December 6, 2011, at 7:00 p.m., and will be held at St. Coletta of Greater Washington in the cafeteria, located at 1901 Independence Avenue, SE)

·        B19-0516 – Amendment to the Advisory Neighborhood Councils Act of 1975 – Notification of potential community-based residential facilities

·        BZA #18275, 1200 Potomac Ave, Two variances to open a Pet Supply Store and Coffee Shop in an area zoned R-5-B

·        2012 Sun Trust Rock ‘n’ Roll USA Marathon – March 17, 2012 (deferred to 2012)

8.      Transportation Committee Report

(These items will be considered by the Transportation Committee on December 7, 2011, at 7:00 p.m., and will be held at The Hill Center, 921 Pennsylvania Avenue, SE; in the conference room on the third (3rd) floor)

·        Discussion with DDOT on Sidewalk Repairs

·        Discussion on CSX VAT Project Public Alternatives Meeting of Nov 30

9.      Resolution on iGaming

9a. Letter to Department of General Services

9b. Amending ANC 6B’s Redistricting Resolution

10.  Outreach & Constituent Services Taskforce Report

(These items will be considered by the OCST on December 20, 2011, 7:00 to 8:00 p.m., and will be held at The Hill Center, 921 Pennsylvania Avenue, SE; in the conference room on the third (3rd) floor)

·        Approval of Resident Member – Rodd Santomauro            SMD 6B05

11.  Eastern Market Report

12.  Capitol Hill East Taskforce Report

13.  Resolution Creating a Special Committee for Bylaws Review

14.  Adjournment

 

*All ABC, BZA, Zoning, Historic Preservation and Transportation cases on the consent agenda were fully discussed at the appropriate monthly committee meetings.

 

NOTE:  Late-Breaking ABC, BZA, Zoning, or Historic Preservation Cases may be added to this Agenda.

For additional information, call 202.543.3344 or e-mail: office@anc6b.org, website: www.ancb6.org.

Next Meeting: January 10, 2012

 

 

 


ABC COMMITTEE

The Hill Center

3rd Floor Conference Room

Report and Recommendations

December 8, 2011

 

In attendance: Brian Flahaven, Dave Garrison, Phil Peisch, Tom Woteki, Jared Critchfield, Claire Palace, Kirsten Oldenburg, Ivan Frishberg, Francis Campbell, Neil Glick, Carol Green, Chair

 

Mark Menard, licensee for 18th Amendment, LLC, appeared to ask for a change to his existing VA.  Mr Menard has DDOT approval for additional public space to enlarge his sidewalk café.  Both abutting neighbors to the 18th Amendment support the change.  Now seating 8, Mr. Menard would like 6 additional seats to accommodate customers.  Mr. Menard said the sidewalk café is open unless there is heavy rain or snow, as his customers who smoke can be accommodated in that area.

 

Commissioner Frishberg said the area between the sidewalk café and the tree box, required to be a minimum of 6 feet, often is less than 6 feet.  In fact, two Commissioners visited the tavern before the committee meeting and after measuring, were able to verify that part of the fence surrounding the sidewalk café had encroached into the restricted area. Mr. Menard said that he will improve employee training to ensure all his employees understand how important it is to leave that space clear for pedestrians, strollers and wheel chairs to pass on the sidewalk.  He also offered to give his phone number to all Commissioners so that when a problem is observed, Commissioners can call Mr. Menard to fix it.  Dave Garrison said that puts the onus on the ANC, while it should be on the licensee. 

 

Mr. Menard then offered to write a letter to the ANC, promising to improve training and monitoring his fence to ensure compliance with the 6 foot setback.  The ANC can then document any infractions and determine whether to protest when the license comes up for renewal.  Commissioner Frishberg was not satisfied with this solution and wants Mr. Menard to pull his application back for a period of time to show that he can comply.  Mr. Menard did not agree.  Commissioner Frishberg also is concerned that the diagram Mr. Menard provide showing the expanded seating is inaccurate.

 

By a vote of 9-1, the Committee voted to take no position until Mr. Menard brings an accurate drawing of the expanded space and a letter promising better compliance with the 6 foot setback to the ANC meeting.  Commissioner Frishberg voted in opposition.

 


Report of the Planning & Zoning Committee Meeting

December 6, 2011       

St. Coletta of Greater Washington

 

Commissioners attending: Campbell (chairing), Critchfield, Frishberg, Glick, Green, Metzger, Oldenburg.  Commissioners Garrison and Flahaven arrived late. Resident members attending: Susan Eads Role 6B05, Michael Steinman 6B06, Ksenia Kaladiouk 6B09, and Ryan Benjamin 6B03.

 

BZA #18275, 1200 Potomac Avenue SE, Two variances to open a Pet Supply Store and Coffee Shop in an area zoned R-5-B

 

Presenting Carl Allen & John Acker. The owners are seeking two (2) variances for the property. The last use of the property was as a grocery store and has been closed for more than three years. Applicants state that for a number of reasons the requirement to make this a residential property, as per zoning, would not be feasible.

 

One reason is that the yard space is all public space and that the only area deemed private or usable space for an owner is a small lot in the rear of the property which would not be sufficient for gardening or yard space.  That the structure does not tend towards development as a residential property due to the shape and size of the doors and windows which are more typical of a commercial property.  That the structure is in the historic district of Capitol Hill and that there would be a "high level of difficulty of getting the historic authorities to grant the necessary changes to the exterior facade".

 

Per the applicants the aforementioned problems would impose a peculiar and exceptional practical difficulty in developing this as a residential property and the resultant financial difficulty in converting a commercial site into a residential site presents a financial hardship.

The applicant cites that allowing this to remain a commercial site would not cause any detriment to the public good, would create a "safe environment for residents to drink coffee, eat pastries and fruits" and additionally fulfill a need for pet owners to purchase "high quality pet food and accessories " for  their pets. Lastly the owners see this as an opportunity to create jobs in the local community.

 

Owing to the concerns of the Committee and additional questions, the Committee voted to take no action on this application until the full ANC can meet to further discuss this by a vote of 9-0-1 (Commissioner Garrison abstained as he missed the discussion; Ms. Eads Role voted for 6B05).

 

HPA #12-091 - 514 4th Street, SE (former Mt. Joy Church) - Concept/alteration to convert church to residential use

 

Presenting Terry Hindermann of Altus Realty, Ralph Cunningham & Michael Day of Cunningham Architects.

 

Applicants are proposing to renovate and convert the buildings, church and rectory, into 12 residential units total with underground parking.  They will remove the white paint on both buildings and return them to the brick appearance after they have been repointed. The rear church building will be removed. The plexiglass windows will be replaced with insulated wood windows. The masonry openings will be enlarged to accommodate the replacement windows. The rowhouse windows will be removed and replaced and the front door will be removed and relocated. The fire escape will be removed and replaced by a two-story addition on the rear of the rowhouse. 6 to 10 parking spaces will be located under the existing church building. The lot has not been subdivided so the two buildings are considered one lot and will be integrated into one condo association.

 

Excavation of the existing church building to place the underground parking will require underpinning of the church.

 

Gail Kohn, Executive Director of Capitol Hill Village, appeared to voice support by her organization. Applicants also stipulate that they will conform to all fair housing and accessible requirements.

 

Commissioner Frishberg moved (with a second by Commissioner Critchfield) that the Committee recommends supporting the application. The motion passed 10-0-0. The 10th vote was by Ryan Benjamin, the resident member of the SMD, as allowed by the bylaws (Commissioner Green departed earlier).

 

Cupid's Undie Run - The Children's Tumor Foundation, February 11, 2012

 

Presenting Tamara Forys and Brendan Hanrahan of Cupid Charities.  The run will start at the Pour House and go west on Pennsylvania Avenue to Independence Avenue, then to Constitution Avenue to 1st Street then turn around and follow the reverse route back to the Pour House located at 319 Pennsylvania Avenue, SE.   This route repeats the route for the approved 2011 run.  The event schedule is that setup will begin at 9 a.m. with volunteers lining the run route and making sure MPD support is in place. Road closures will begin at the start of the run at 2 p.m. and all runners are expected to be off the route by 2:30 p.m. at which all closed roads will re-open.

 

The motion to place this on the consent calendar by Commissioner Metzger and seconded by Commissioner Glick passed by a vote of 10-0-0.

 

Capitol Hill Classic 10k/3k race - May 20, 2012

 

Presenting Mike Soderman. The race route moved from Independence Avenue to East Capitol Street.  The motion to support the race and place it on the consent calendar by Commissioner Frishberg (with a second by Commissioner Flahaven) passed 10-0-0.

 

 

2012 Sun Trust Rock ‘n’ Roll USA Marathon—March 17, 2012.

 

Presenting Chris Browne.  The applicant will appear again before the Committee in February 2012 after the race route is finalized. 

 

B19-0516 Amendment to the Advisory Neighborhood Councils Act of 1975 - Notification of potential community-based residential facilities

 

No notice for this amendment was sent to the ANC. Commissioners found no evidence of it on the DC website. Our discussion centered around the fact that the ANC is not notified of the placement of these residential facilities and that there should be notice provided. .  Without the actual amendment there was no informed conversation or decision as it relates to the amendment subsequently there is no recommendation to the full ANC.

 

Commissioner Frishberg moved (with a second from Commissioner Green) that the Hine Subcommittee be empowered to set up a website with content specific to the Hine Junior High School redevelopment and PUD (Planned Unit Development) process. The motion passed 10-0-0.


                                                            December 27, 2011

 

 

 

Mr. Joseph C. Lawson

Division Administrator

Federal Highway Administration

1990 K Street, NW, Suite 510

Washington, DC 20006-1103

 

Faisal Hameed, Chief

Project Development, Environment & Sustainability Planning

DC Department of Transportation

55 M Street, SE

Washington, DC 20003

 

David Maloney, SHPO

DC Historic Preservation Office

1100 4th Street, SE, Suite E650

Washington, DC 20024

 

RE: CSX VAT NEPA/Section 106 Public Meeting, November 30, 2011

 

Advisory Neighborhood Commission 6B wishes to thank the leadership of the CSX VAT NEPA/Section 106 Review for the content of and format used at its November 30, 2011, Public Concepts Meeting.   The 11 conceptual options presented at the meeting for addressing the Purpose and Needs provided the community with information upon which to base constructive comments and questions during the hour devoted to Q&A.  And, the format allowed all present to hear the concerns of others. 

 

As the Commission said in its letter of November 8, 2011, construction during the Virginia Avenue Tunnel project will have a huge impact on transportation, economic development, and quality of life issues for many ANC 6B residents and businesses.  We understand that, as the review process moves forward, the review team will be evaluating the 11 conceptual options to ascertain which will be retained for more thorough engineering study.

 

The Commission requests that the following principles be among those selected to evaluate Options 2 through 7, which involve rebuilding the tunnel:

 

1.      Minimize transportation disruptions and risks.

This includes the disruption of existing vehicle, pedestrian, bicycle, and other travel patterns in the area.  Specifically, how does each “rebuild” option affect the use of Virginia Avenue, all north/south crossing streets and east/west local roadways in the vicinity, and existing SE/SW freeway on and off ramps.  Consideration should also be given to the risks to vehicle and people movements during construction. 

 

2.      Minimize damage to homes and businesses.

This is especially true for those situated close to the “limits of disruption” zone.  And, includes but is not limited to those within the Capitol Hill Historic District.  (The Commission is aware of damage that occurred to houses during the building of underground Metro lines using the “cut and cover” method.) 

3.      Minimize Environmental Impacts.

At this stage of evaluation, we understand that the myriad details of the Environmental Assessment cannot be employed but expect a general consideration of these impacts to be considered.

4.      Minimize the length of construction.

Unless other factors suggest differently, the shortest construction period may be least disruptive to the community. 

 

At the next public meeting, planned for February 2012, the Commission expects to learn the details of how these principles (and other criteria that may be applied) affect the reduction in number of Rebuild options and how the feasibility of the “No Action” and “Rerouting” options are evaluated.

 

And, as always, the Commission looks forward to learning about specific plans for returning Virginia Avenue, Virginia Avenue Park, and other areas disrupted during the construction--not just to their current status--but to enhanced condition, as a way of benefitting the community for its forbearance during construction.

 

                                                                        Sincerely,

 

 

 

                                                                        Neil Glick

                                                                        Chair, ANC 6B 

 

CC:      Steve Plano, Parsons Brinckerhoff

Stephen Flippin, Director of Federal Affairs, CSX

C. Andrew Lewis, DC Historic Preservation Office

Michael Hicks, Environment/Urban Engineer, DC Division, FHWA

Tommy Wells, Councilmember, Ward 6

Kirsten Oldenburg, Commissioner 6B04, Chair, ANC 6B Transportation Committee


ANC 6B Resolution on the Legalization of Internet Gambling in Washington, DC

 

Whereas in December 2010, the DC City Council passed a bill to be the first jurisdiction in the United States to legalize online/internet gambling. The bill was inserted into the December 2010 budget without any public discussion or public hearings;

 

Whereas inserting and voting on any bill whether in the City Council or ANC’s is contrary to the principles and laws of open and transparent government;

 

Whereas the legalizing of internet gambling lacked any public hearing process by the City Council in advance of passing this law; all public notification, public debate, and public hearings occurred after the law was passed, which is not a democratic or transparent process;

 

Whereas at community meetings organized after the law passed and public pressure increased, DC residents were promised that the legalization of internet gambling would create local jobs.

 

Whereas the company that will create and manage the DC gaming technology and websites is INTRALOT, a company headquartered in Athens, Greece, with a US office in Duluth, Georgia, thus not directly creating any jobs in the Washington, DC for District residents.

 

Whereas the DC Lottery is not run through an appointed Board like other city agencies, but instead managed alone by a Executive Director who will single handedly make all decisions on whom and where to grant licensing for internet gambling that is outside of a private home. This is an agency with little experience interacting with the ANC’s.

 

Now therefore be it resolved by ANC 6B that ANC 6B full supports the immediate repeal of the “Lottery Modernization Amendment Act of 2010” and an immediate moratorium on the implementation of internet gambling in Washington DC.

 

And that the Chair of ANC 6B or his/her designee be authorized to testify on this before the DC and Federal Government.

 

 

Approved this 13 day of December 2011         


December 13, 2011

 

 

 

Mr. Brian Hanlon

Interim Director

DC Department of General Services

2000 14th Street, NW

8th Floor

Washington, DC 20009

 

RE: Renovation, Repair and Painting Rule

 

Dear Mr. Hanlon,

 

During recent repair and replacement of windows at Maury Elementary School, located at 13th St and Constitution Ave, NE, the performing contractor may have failed to follow procedures outlined in the Environmental Protection Agency’s 2008 Lead Rule (otherwise known as the Renovation, Repair and Painting Rule).  The performing contractor did not properly notify the parents of the pre-Kindergarten children in the affected class, failed to post signage detailing the nature of the work to be performed and did not follow work area containment or clean-up procedures.   The contractor’s efforts left a coating of potentially lead-filled dust on the floor, furniture and walls of the 100-year old classroom, causing concern among uninformed parents and ultimately forcing the school to utilize an alternate classroom until completion of a proper post-renovation cleaning. 

 

Fortunately for students, parents and the District, District personnel rapidly responded to concerns and subsequent tests yielded negative results for lead.  However, the event underscored the possibility of a more systemic problem and the need for more rigorous enforcement of the 2008 Lead Rule.  ANC6B respectfully requests that the Department of General Services: a) require all contractors and sub-contractors competing for renovation contracts on pre-1978 facilities possess the EPA Lead-Safe Certified Firm designation

 

that DGS possess the same designation for itself and its workers and c) that DGS work with other city agencies, such as DDOE and DCRA, to review the 2008 Lead Rule and ensure city-wide compliance with its provisions.

 

Respectfully,

 

 

 

Neil Glick

Chair

ANC6B

 

 

CC:      Council Member Tommy Wells

            Council Member David Catania

            Chancellor Kaya Henderson, Chancellor, DCPS

            Mr. Christophe A.G. Tulou, Acting Director, DDOE

 

 

 


Resolution on Redistricting of Advisory Neighborhood Commission 6B Boundaries

and Single Member Districts

 

WHEREAS the Council of the District of Columbia will be considering and adopting a final proposal for the redistricting of all Ward Advisory Neighborhood Commissions; and

 

WHEREAS, after careful consideration and gathering input from all those affected, the Ward 6 Redistricting Task Force adopted, by a vote of 7-0 on August 8, 2011, an initial redistricting plan for ANC6B that adhered to the guidelines of the Task Force and which was subsequently endorsed by ANC6B on September 13, 2011; and

 

WHEREAS the Task Force Final Report of September 28, 2011, includes a recommendation to move 1,275 residents from ANC6B to ANC6C that was narrowly adopted by the Task Force on a vote of 5-4-1; and

 

WHEREAS the residents moved out of ANC6B have a primary and direct interest in Eastern Market, Eastern Market Metro plaza, and the redevelopment of the Hine Jr. High School site but will no longer have elected representation on these and other issues that are most important to their neighborhood; and

 

WHEREAS the change in the boundary between ANCs 6B and 6C removes a distinct boundary along a city quadrant line that has been in effect for more than 30 years; and

 

WHEREAS a primary justification for the change presented by ANC6C was to balance its workload, subsequent research has shown that the initial plan adopted on August 8 would likely have reduced ANC6C’s workload from its current levels; and

 

WHEREAS additional justification presented by ANC6C to increase its number of SMDs from 6 to 7 to avoid problems stemming from having an even number of SMDs is not a rationale provided for in the Task Force or other guidelines and for which there is little evidence that an odd or even number of SMDs affects the productive operation of any Commissions; and

 

WHEREAS the SMD boundaries for ANC6B resulting from the ANC boundaries adopted by the Task Force would cause substantial disruption within ANC6B; and

 

WHEREAS,  the Task Force redistricting plan works against the interests of those neighbors impacted and is at odds with the Home Rule Charter and the fundamental tenets of voting rights in the District that provide citizens elected representation in the neighborhood where they live;

 

WHEREAS the U.S. Census significantly undercounted population in the NoMa neighborhood, meaning the Council of the District of Columbia could add a seventh SMD to ANC6C without moving the boundary from East Capitol Street;

 

WHEREAS Ward 6 Councilmember Tommy Wells has recommended that the boundary between ANC6B and ANC6C remain at East Capitol Street;

 

NOW IT THEREFORE BE RESOLVED that ANC6B requests that the Council of the District of Columbia enact an ANC redistricting plan that maintains East Capitol Street as the boundary between ANC6B and ANC6C and reflects the boundary and SMD plan adopted by the Ward 6 Redistricting Task Force at its August 8, 2011 meeting; and

 

BE IT FURTHER RESOLVED that ANC 6B urges the Council of the District of Columbia to approve a seventh SMD for ANC6C; and

 

BE IT FURTHER RESOLVED that ANC6B by a vote of 9 to 0 formally adopted this Resolution at a regularly scheduled and duly noticed monthly meeting on November 8, 2011, and instructs the Chairperson to transmit the Resolution to Ward 6 Councilmember Tommy Wells and to the Council of the District of Columbia. The commission also authorizes the chair to appoint a representative to testify on this position before the DC Council.

 

Attest:

 

 

Secretary ___________________________________ Date _______________________

 

 

 

 


Advisory Neighborhood Commission 6B

Eastern Market Legislation

Special Call Meeting Minutes

December 19, 2011 – 7:00 p.m.

National Community Church

 

Commissioners Present:, Jared Critchfield, Brian Flahaven, Ivan Frishberg, Neil Glick (Chairing), Carol Green, Norman Metzger, Kirsten Oldenburg, Brian Pate.   Absent Commissioners: Francis Campbell, David Garrison.

 

John Gillespie suggested the Board be directed to appoint a Treasurer.  He also suggested additional information is needed on specific dollar amounts for maintenance and repairs costs and budgeting and requested defining terms such as “routine maintenance” in the legislation.

Donna Scheeder referenced the Convention Center agreements about auditing and suggested Eastern Market could have similar agreements.  She also suggested the Market should not be too dependent on the city for its operation.

Monte Edwards discussed concerns about the anti-deficiency provisions and the capital reserve and need for a maintenance reserve.  He said grandfathering or jury selection of vendors should be adopted, but not both.

 

Anita Jefferson said the Market needs to grandfather vendors who have operated since 1997.

Ellen Opper-Weiner asked whether a financial study had been done prior to the proposed legislation and her concern of the city being at risk financially for the Market.  She stated the need for grandfathering and right of first refusal for vendors, clarification of the Trust role and management role for the Market, further information about the Hine redevelopment and C Street arrangements in relation to the Market, and for the ABC license to remain as it currently is.

John Wright said references to the Hine site parking lots need to be reconsidered since there are contracts in place for weekend flea markets. He offered concerns about the amount of power the Trust is given in the legislation.

Michael Berman requested the legislation mention independent flea markets.

Joe Snyder requested adding process information to the legislation on selecting Board members.

 

Commissioner Pate moved (with a second from Commissioner Oldenburg) that the Commission send a letter addressing Recommended Changes to the “Eastern Market Preservation and Development Amendment Act of 2011” to the Council of the District of Columbia.

 

Ellen Opper-Weiner recommended taking out “modest” on line 14 of the letter.  Commissioner Glick made a motion, but it was not seconded.

 

Commissioner Frishberg proposed a friendly, accepted amendment to change page 2, lines 4-5 from “a weekend flea market” to “weekend flea markets.”

 

Commissioner Frishberg moved (with a second from Commissioner Glick) that the mission of the market be clarified by adding “community and commercial” to the statement about uses.  The motion failed 4-4 (Commissioners Flahaven, Green, Metzger, and Oldenburg voted no).

 

Commissioner Pate accepted a friendly amendment to change page 2, line 9 from “northern property line to the southern property line” to “façade of north building to façade of south building.”

 

Commissioner Frishberg moved (with a second from Commissioner Green) to remove “and not be forever more restricted to the legislation’s list of skills” from page 2, line 24.  The motion passed 5-3 (Commissioners Critchfield, Flahaven, and Pate voted no).

 

Commissioner Pate moved (with a second from Commissioner Flahaven) to add “add skills as deemed necessary in the future” to line 25.  The motion passed 5-2-1 (Commissioners Glick and Green voted no; Commissioner Frishberg abstained).

 

Commissioner Green moved (with a second from Commissioner Frishberg) that the residency requirement on pages 2-3, lines 34-35 be struck.  The motion passed 5-2-1 (Commissioners Flahaven and Pate voted no; Commissioner Metzger abstained).

 

Commissioner Pate accepted a friendly amendment to change page 2, line 28 from “self-perpetuating” to “self-selecting.”

 

Commissioner Green proposed an accepted friendly amendment to change “similar to way” to “similar to the way” on page 3, line 22.

 

Commissioner Green proposed a friendly, accepted amendment to change “bi-annual” to “semi-annual” on page 6, line 13.  Similarly, Commissioner Pate accepted friendly amendments to remove “or semi-annually” from lines 11-12 on page 6 and change “bi-annual” to “semi-annually” on line l3 of page 6.

 

Commissioner Pate changed “or” to “and” on page 6, line 29.

 

Commissioner Pate moved (with a second from Commissioner Frishberg) that the Commission use Monte Edward’s language of “by having the Trust budget process as a part of the City’s exposes the Trust to shut-down under anti-deficiency restrictions. The City should, as landlord, assume responsibility under the lease for the expenses enumerated in the proposed legislation. The goal should be for the Trust to use an surplus to establish not only a capital reserve, but also a maintenance reserve. The goal is financial self-sufficiency of the Trust. The bi-annual reports to the Council will provide oversight of the progress to achieve this. At the end of 10 years, there should be a review of whether the City’s obligation for these expenses should continue. The proposed legislation requirement that the City’s financial obligations sunset after 10 years should not be automatic” as a third recommendation. The motion passed 6-0-1 (Commissioner Glick abstained).

 

Commissioner Oldenburg moved (with a second from Commissioner Frishberg) that “the lease shall provide that the District government” on page 13, line 10 of the Wells document. The motion passed 6-0-1 (Commissioner Glick abstained; Commissioner Metzger departed earlier).

 

Commissioner Frishberg proposed an accepted, friendly amendment to strike lines 31-39 on page 6.

 

Commissioner Flahaven proposed an accepted, friendly amendment to add “which correlates with the beginning and end of the fiscal year” at the end of line 21, page 7.

 

Commissioner Frishberg proposed an accepted, friendly amendment that to add “Further, the City shall not engage in further rule making pursuant to this legislation” to line 21, page 7.

 

Commissioner Oldenburg moved (with a second from Commissioner Frishberg) that “Comment:  Historically, the Saturday farmers’ line outside market has consisted of farmers and other vendors of agricultural products.  Over the last few years, especially during the DC government management of Eastern Market, the number of farmers has declined and empty stalls have been rented to crafts vendors.  This has changed the aura of the Saturday farmers’ market and seems inexplicable during a time when there has been an increased desire among consumers for local farm foods.

Recommendation:  In order to improve the experience of the Saturday market and provide an incentive for the Trust and its market manager to actively seek farmers and/or vendors of agricultural products to Eastern Market, ANC6B recommends that the following text be added to the end of (j)(1) on line 7, page 12:

 

“On Saturdays during the growing season, the farmers’ line stalls under the shed shall be for the exclusive use of farmers and other market vendors of agricultural products.”

Be added at page 6, line 30.  The motion passed 5-1-2 (Commissioner Critchfield voted no; Commissioners Glick and Green abstained).

 

Commissioner Frishberg moved (with a second from Commissioner Pate) that “The Trust shall direct the Market Management to provide the established Saturday and Sunday flea market management entities the first opportunity to enter into an agreement(s) to provide the weekend flea markets, and should terms not be satisfactory for either party, the Trust and its management may solicit other entities to fulfill that function in the best interests of the market” be added at WHERE?. The motion passed 7-0.

 

Commissioner Frishberg moved (with a second from Commissioner Pate) that the resolution include suggesting changing Section 3a., (a)(1) so that it reads community arts, public space for the community, and related activities.” The motion passed 7-0.

 

Commissioner Pate moved (with a second from Commissioner Frishberg) that the Board appoint a 1 year Treasurer on page 8, line 36 and that “selected by the Ward 6 Councilmember from among the Board members” be added. The motion passed 6-0-1 (Commissioner Oldenburg voted no).

 

The motion by Commissioner Pate (with a second from Commissioner Oldenburg) that the Commission send a letter addressing Recommended Changes to the “Eastern Market Preservation and Development Amendment Act of 2011” to the Council of the District of Columbia passed 7-0.

 

Commissioner Glick moved (with a second from Commissioner Green) that the Commission Chair or designee be able to represent the Commission’s position before the Council of the District of Columbia. The motion passed 7-0.

 

The meeting adjourned at 10:30 p.m.

 

 

Attest: Andrew Jared Critchfield                                                          Date:

            Secretary