Commissioners Absent: David Sheldon
There was a quorum for conducting business.
Adoption of Agenda
to the agenda: The Chair stated that
Committee Chair Selection needs to be added after the adoption of the
agenda. He also wants to add under ABC
Committee, Liquor License Amendment for Belga Café to include an outdoor
café. Under item #8 we will be adding
8A, Business Cards, Website and E-mail.
Commissioner Jarboe stated that under Planning and Zoning, HPA #
There were no objections to the amended agenda, the agenda was adopted.
Committee Chairs Selection
Chair Cernich proposed that for this term the Commission add two (2) Ad Hoc Committees, Public Safety Committee and Eastern Market Community Advisory Committee (EMCAC) Citizen Advisory Committee. Hearing no objections, the two Ad Hoc Committees were added.
Chair Cernich proposed a slate of Chairs and Vice Chairs for each Committee. For the Public Safety Committee he proposed that Commissioner Thomas serve as Chair and for the EMCAC Chair Commissioner Sheldon, who is unable to attend tonight. Chair for the ABC Committee he proposed Commissioner Wright with the Vice Chair being Commissioner Glick. The Chair of the Planning and Zoning Committee he proposed Commissioner Campbell and Vice Chair to be Commissioner Russell.
The proposed slate was opened for discussion by Commissioners. Commissioner Olson pointed out that the Chair did not propose anyone as Vice Chair for Public Safety or Eastern Market Advisory Committee. Commissioner Cernich stated that we would welcome nominations for those positions.
Commissioner Olson nominated Commissioner Hill for EMCAC Vice Chair. Chair Cernich nominated Commissioner Olson for Vice Chair of Public Safety.
Chair Cernich moved that the Commission adopt the slate of candidates proposed and the motion was seconded by Commissioner Glick. There were no objections the slate of Chairpersons and Vice Chairpersons were approved.
The Chair stated that many may have heard the comments made by the Deputy Mayor Robert Bobb made regarding potential for a bioterrorism lab at DC General (Reservation 13). The Chair is aware of Mr. Bobb’s comments, but he does not want this session to become a free for all regarding this issue. Commissioner Jarboe stated that Commissioner Campbell has been attempting to setup a meeting with Councilman Catania and Councilwoman Ambrose to discuss this issue. Unfortunately, Councilman Catania had another meeting (roundtable) already scheduled with others to discuss this issue. Commissioner Campbell will wait to see the outcome of the roundtable discussion to see if the matter is resolved. However, if it is not, he will work to reschedule a community meeting to discuss the issue. Commissioner Jarboe further stated that he is currently working on a second meeting that deals more with the development on Reservation 13.
Meyers, a resident of
Commissioner Cernich stated that the Commission was aware of the issue and thanked both gentlemen for coming to present it to the Commission. He further stated that the issue was briefly discussed at the past ABC Committee meeting. Commissioner stated that he will refer the matter to the ABC Committee. Prior to the meeting the Commission will attempt to make contact with the owner and invite him to the next ABC Committee meeting to discuss this issue.
Commissioner Olson informed both gentlemen that they are in her Single Member District and she will work to help resolve the matter to everyone’s satisfaction.
Commissioner Jarboe stated that this is an ongoing problem when an establishment changes hands, the Commission does not get a copy of the license therefore the assumption is that the new establishment will operate in the same manner as the prior owners. Commissioner Jarboe stated that he was concerned because the application stated “very similar to previous establishment”. He quoted from their application where it ask to describe the kind of entertainment and type of music they said “non applicable”. As a result, he believes this is a case where they are in clear violation of their liquor license. He therefore believes the Commission should take up this issue immediately and that the ABC Board also takes it up with some dispatch about looking into whether they are in violation of their liquor license. He further stated that the issue is not so much the noise, but the issue is that they are not supposed to have any DJs at all. The Commission had experienced creeping nightclubs in the pass. Where one club says we will do “X” and then start doing something else, such as they can say we will not have music, but start having music, this is not the type of neighbor we want in the community.
Commissioner Olson stated that since the establishment is in her SMD she suggest that Commissioner Wright, ABC Chair and herself should meet informally with the owner to see what he has to say to them as officials of the Commission.
Mr. Chuck Berger, the Chair of ABC Board, commented that he cannot address the issue before the Commission. However, he confirmed what Commissioner Jarboe stated regarding the transfer of the liquor license in that the operation is expected to operate in the same manner of the prior owner. If there are substantial changes the new owners will have to be placarded and go before the Board for review. He wanted to assure everyone that if anyone has a complaint they should call the Board immediately and he can guarantee you it will be swiftly investigated by all means possible, which may include undercover and/or surveillance.
Community and Commission Announcements
Delfs, Ward 6 Transportation Planner, introduced himself to the Commission and
community. He has been in his new position
for approximately 4 months and he wanted to know if there were any issues he
could discuss with them. Commissioner
Glick stated that DDOT had placed a stop sign at
Cindy Petkac, Ward 6 Planner from the Office of Planning, introduced herself. She has been in her position for approximately 1 1/2 years. Previously she was working with both Ward 6 & 3, but now they are fully staffed and she will be working exclusively with Ward 6. Her contact info is Phone: (202) 442-7617, E-mail: email@example.com.
MPD Officer Glover from the First District Sub-Station, Patrol Service Area 105, announced that there will be a community meeting on February 26th, at 10:00 a.m., and he wanted to invite the community to attend so that they could provide a better understanding of the services available to them. He left flyers listing some of the topics that will be covered, which included a map of the area and contact information.
In honor of Black History Month, Commissioner Glick made a presentation on Homestead Grays.
Planning and Zoning Committee
Committee Chair Commissioner Campbell presented the report.
applicant, JPI developers, is seeking to construct a 4 to 5 story residential
the massing of the new buildings on
Committee is especially pleased that the overall project will restore the shotgun
house at 1229 E Street, SE and will develop that site separate from the
The Committee recommends that the ANC support this application.
Chair Cernich asked if there was any new information to be presented to the Commission.
John Begert with JPI stated that he would like to make a brief presentation. The Architect and Planner, Murphy Antoine stated that the project consists of two separate buildings. He proceeded to provide the Commissioners and community with a pictorial review of the project. They will be submitting to the Historic Preservation Review Board at their February meeting and will be submitting the Variances and Special Exceptions they discussed with the Planning and Zoning Committee. They also met with Capitol Hill Restoration Society to get their feedback on both of these structures.
Commissioner Olson stated that some time ago someone came before the Commission seeking to have the curb cut closed and it is her understanding that it was. The response was that it has not been closed. They have spoken with the Office of Zoning as well as the Office of Planning about the curb cut issue and they assured them they will be able to keep the existing curb cut as it is.
The neighbor who had originally requested the removal of the curb cut stood and stated that he is in full support of their effort to retain the curb cut and that he and his neighbors are positively supporting the projects.
Commissioner Jarboe stated that it is his understanding that JPI will be needing approval of zoning variances for both projects and they will be coming back before the Commission for approval. The response was yes and JPI anticipated being back for that support sometime in April.
Olson asked to confirm that 24 parking spaces will be available in the rear of
the project. The response was yes. Commissioner Olson asked what the 2 variances
were. They are 2 variances on the 1230:
The Chair stated that the recommendation does not require a second. The Chair stated that the Planning and Zoning Committee has recommended that the ANC support the Historic Preservation Application. The vote was unanimous 9-0-0.
The Committee reviewed proposed regulation from the DC Department of Transportation (DDOT) regarding changes to street parking for shared-use cars (ZipCar, FlexCar). These regulations would create dedicated parking spaces for such cars and allow these vehicles to park a meters without fee.
While the Committee is generally supportive of the concept of shared-cars as a means of reducing traffic and parking congestion, it is strongly opposed to the proposed regulations. We believe that this proposal would essentially result in taking away residential street parking spaces and giving them to what is a rental car company. Given the premium for residential parking spaces, we believe that it is inappropriate to remove these spaces. It is our understanding that such shared-use cars currently operate out of commercial parking spaces near the Eastern Market Metro. We see no need to change this arrangement.
The Committee also strongly opposes the public notification provisions of the proposed regulations. Under these new regulations, the Director of DDOT would be allowed to create these dedicated spaces without any public notice (as currently required) and would give the ANC only 30 days notice. We believe that the public has the right to be informed and comment upon any such designation of dedicated spaces – especially if they result in the loss of residential parking. We also feel that 30 days notice to ANCs is completely unacceptable. Such a time frame often results in the inability of the ANC to comment because of the ANCs meeting schedules for both committees and the full ANC. For this reason, the standard ANC notification period is 45 days.
Therefore, the Committee recommends that the ANC send a letter to the Director of DDOT stating our opposition to the proposed regulation and outline our reasons for this opposition as discussed above.
The Chair asked if there was any additional information regarding this issue and/or comments from the community.
Jarboe stated he was the one who brought this issue before the Commission
Christopher Delfs, DDOT representative, stood and stated that he understood that this was a city-wide issue, but was not aware that there was a particular concern about the area around Eastern Market. He further stated that he knows the individual handling the issue and he will check with him and get back to the Commission with the latest details.
Commissioner Jarboe stated the question, is does the Commission want to take action now or wait and ask DDOT to come in and make a presentation on the proposal. He was of the opinion that the Commission should go ahead and pass the Resolution and then have DDOT come in and tell us that is not what they are doing. Commissioner Jarboe stated that it is clear what they are doing because it states “Parking in spaces established pursuant to this subsection shall be permitted only for Vehicles registered to and operated by ZipCar and FlexCar”. Therefore, if you are parked in their space one could get a fine. He further stated that if DDOT wants to take away a parking meter and give it to ZipCar and FlexCar, he doesn’t see a problem. But, when they are talking about taking away residential parking, which is limited as it is, then there is a big problem. The other major problem is that it allows the Director to do it Ad Hoc without any input from anyone.
The Chair asked Christopher Delfs if he knows whether or not the companies would be paying rent to the District for the spaces. He replied he did not know, but he thinks it has been under consideration. He was aware of the District’s interest in addressing environmental issues, but he would need to check and get back with the Commissioners with the answer to the pay questions.
Commissioner Glick stated that he understands the importance of environmental issues, but when you have builders coming in and building 48 units and giving 24 parking spaces, just in his neighborhood, it is causing a real serious issue on Capitol Hill. He requested that Mr. Delfs take back a suggestion that maybe the ZipCar and FlexCar people could get some type of credit on their car registration or they could maybe be given commercial license plates which would allow them to park in commercial parking spaces, or something similar rather than removing valuable residential parking spaces.
Commissioner Olson expressed her strong misgivings regarding the potential loss of residential parking spaces in her neighborhood. She stated it is already a major problem finding adequate parking and she believes it is ridiculous that the City is proposing something like this. She further stated it is her opinion that the Commission should make that point by sending a strongly worded letter to DDOT regarding this issue.
The Chair stated since this recommendation comes from the Planning and Zoning Committee in the form of a motion no second is required. He asked all in favor of the recommendation to raise their hands. The vote was unanimous (9-0).
Public Space Application
Café located at
Commissioner Olson asked if there was a precedent to this or if there is a regulation requiring 10 feet between the treebox and a terrace. The owner stated that the regulations are for 6 feet, but the new Director (Denise Witkot) wants it to be 10 feet and she wants it all over the city. He understands she is looking to review every terrace in the entire city to make them be 10 feet.
Commissioner Jarboe stated that this increase in sidewalk space issue is another item that our Mr. Delfs can express our concerns with the people at DDOT. An increase in this regulation would cause havoc with most if not all restaurants in the city with sidewalk cafés.
The Chair asked for comments from the community. Mr. Chuck Berger rose and stated that Belga Café will also need to have their liquor license amended to allow the sale of alcohol on the sidewalk. He suggested that the public space and liquor license amendments be tracked together.
Commissioner Olson stated that she definitely supports his request, especially since it appears that the regulations are being arbitrarily changed by the new Public Space Director. She further recommended that the Commission vote for Belga Café to have the 6 feet requirement.
Commissioner Cernich stated that Belga Café is in his SMD and he would vote to support the application, if that is what the current regulation permits. Additionally, he stated that if the district official is looking to review the others all over the city for changes in space requirements, they should just review Belga Café with the others.
The Chair moved that the Commission support Belga Café’s application for Public Space with a 6 foot space between the Treebox and the edge of the Sidewalk Café. The motion was seconded by Commissioner Wright. The vote was unanimous (9-0).
Committee Chair, Wright presented the ABC Committee’s report.
The Chair asked if there was any new additional information regarding this application. There was none.
Commissioner Jarboe asked the owner if he had any problems with some of the items in the cooperative (voluntary) agreement that he would need to sign such as; maintaining the public space is a clean and litter-free environment, picking up trash, sweeping up daily and taking due diligence to prevent vermin infestation. He responded that he does nothing without first consulting with his attorney.
Commissioners Cernich and Jarboe stressed that the Commission would be approving for a Stipulated License which would enable them to start serving now, and not have to wait the normal 45 days.
The Chair stated that this matter is coming before the Commission as a recommendation, therefore no second is required. The vote to support the application for Belga Café’ Liquor License was unanimous (9-0).
Commissioner Olson introduced the owner of Capitol Supreme to the Commission.
Mr. Jae In Lee stood and introduced himself and stated that he is seeking approval for the sale of singles beers in his establishment.
Commissioner Olson stated Mr. Lee came to her because he is in her SMD and they had been told by the ABC inspector that because of the Voluntary Agreement they could not sell singles. They immediately took all singles off their shelves. Therefore, they are now coming before the Commission seeking permission to sell singles. She further stated that there has been a great deal of discussion regarding singles and in fact, the singles issue is on the agenda for further discussion. However, she is supporting their request to sell premium singles, and premium singles only, because it’s in her neighborhood and they have requested her help. She does not necessary agree with the ban on the sale of singles even though that generally is our policy because it is singling out certain people. In this case, because of the neighborhood and surroundings and there have been no problems with the establishment or no problems with singles being drunk on the premises or out in the neighborhood, she would support their request to sell single premium beer.
Mr. Lee stated that he has been selling single beers for over 10 years without any problem. He sells single beers more as a convenience for his customers. He does not sell a large amount of single beer. He estimated that he sell about $10 worth of single beer each day, which amounts to about $60-$70 per week.
The Chair stated that because this matter is part of the large issue of the Sale of Single Beer that the Commission has been discussing and the Commission will hold making a decision until Commissioner Wright makes her ABC Committee Report regarding the sale of singles.
Commissioner Wright reported: t
Commissioner Glick stated that the Commission has voted in the past at least once, if not twice, to not support the sale of singles on Capitol Hill in 6B and hope that the Commission will stick to its guns on this issue, including Commissioner Olson who has previously voted to not support the sales of singles. Commissioner Olson stated she is supporting her constituents. Commissioner Glick stated he too is supporting his constituents who do not enjoy having people drinking in public and having them litter the area. He further stated that it is unfortunate, but a few bad apples can spoil a bunch. He is definitely against the selling of single beer.
Commissioner Olson stated she has lived in her neighborhood for 7 years approximate a block and a half away from Capitol Supreme Market and she has never had an incident with single beer sales from the establishment. She walks her dog in the area and has not seen any public drinking of single beer or seen any litter associated with the drinking of single beers. She further noted that the Commission did approve the sales of singles by Yes Natural Gourmet when they asked the Commission about the sale of premium beer.
Cernich stated that there is a distinction when applicants come before the
Commission seeking the approval
of the sale of singles, the commission’s
first position has always been to say that the Commission would prefer that
they not sell singles. However, the
Commission is aware that if the Commission says it will not support their
liquor license application or oppose the renewal of their license because they
will not agree to stop selling singles, the ABC Board is not going to listen to
the Commission on this matter.
Therefore, the Commission has taken a fallback position by saying what
can we do to limit that to improve the situation. There is where the Commission has imposed the
clear and translucent bags in an attempt to limit the negative impact of the
sale of singles. He wanted to point out
that this is not about they are okay and someone else is not when deciding
about single beer sales. It’s trying to
get what’s best for the community. He
further stated that if they are not having problems at Capitol Supreme, may be
it is because they were not allowed to sell singles. Commissioner Olson stated that they have been
selling singles for a number of years.
Commissioner Cernich stated that at some point they were not selling
singles. Commissioner Olson asked Mr.
Lee how long has he been selling singles and he responded 8 to 9 years. The Chair asked “so you have been in
violation of your Voluntary Agreement since 1998”, which is a violation of
their Liquor License.
Alfonso Coles, who was a Commissioner back in the eighties when the Commission first started using Voluntary Agreements, stood and stated that he agreed with the Chair. It is easier to defend and support the VA when you have a blanket policy.
The Chair stated that the Commission has a Voluntary Agreement where the owner agreed not to sale singles and that is a victory for the Commission and its policy, and that is the agreement and he wants to stick that agreement.
Commissioner Campbell asked Mr. Lee to correct him if he was wrong, but did not he purchase the business from someone else and you were not aware of the Voluntary Agreement thus you were selling singles and once the ABC Inspectors notified you that you stopped selling singles. But he had been selling singles for over 8 years and had not had any problems. The response was that he had not had any previous problems. Commissioner Campbell went on to say that it appears that Mr. Lee has been in violation of the agreement unknowingly and has not had a problem for a year. And once he was notified by the ABC Board he stopped selling singles. Commissioner Campbell then asked Mr. Lee to clarify for him that he wants to sell premium singles now. He further asked Mr. Lee if he is seeking to sell premium beer and not just any beer. This discussion proceeded for some time before Commissioner Jarboe spoke.
Commissioner Jarboe asked the owner if he was Jae In Lee, and his response was yes. Commissioner Jarboe then stated that he was looking at an order dated August 26, 1998 that states Jae In Lee Signatory and Thomas Wells, Chair, Advisory Neighborhood Commission 6B and is backing a Voluntary Agreement that says “Applicant will not offer for sale single containers of beer”, so the owner has known since August of 1998 he could not sell single beers. He further stated that he can not see what the issue is because he signed the agreement.
The Commissioners begin to discuss the issue of selling premium beers versus standard beers. Commissioner Campbell stated that he had not problem with the selling of premium beer, but he was not in favor of sell regular beer. He sited the approval of Yes Natural Gourmet to sell premium beer. However, it was quickly pointed out by the Chair that this situation was totally different. The Yes Natural Gourmet situation was a compromise. The Commission attempted to not allow the sale of single beers, but Yes objected. Therefore, a compromise was struck to allow only premium beer to be sold. However, in this case the Commission has a signed agreement by Capitol Supreme Market not to sell singles.
Glick stated he was just reviewing the minutes of April 13th, 2004
where the Commission discussed Yes Organic Market. The Committee is incorrect on one point and
The Chair corrected Commissioner Glick by saying that a Voluntary Agreement was signed by Yes Natural Food Market and in fact the ABC Board gave negative feedback that they did not like that approach.
Commissioner Jarboe made a point of clarification that the Commission has already heard from the ABC Board that they wouldn’t have a problem accepting a Voluntary Agreement that simply said it is okay to sell premium singles.
Chuck Berger rose and stated that the Commission must be careful with those because it would be a restraint of trade. He went on to elaborate that trying to distinguish or define what is premium versus standard also can open up major problems for the Commission. The ABC Board cannot and should not elevate itself into acting as elected officials. He stated the only distinction they will allow is the difference between malt liquor and regular beer.
Commissioner Olson asked Mr. Burger if this establishment wants to change the Voluntary Agreement and had gone to the ABC Board and said they want to sell singles, does the Commission’s Voluntary Agreement hold water. His response was yes, because it is an enforceable document. However, if both parties approach the ABC Board about amending the agreement, then the Board can consider making amendments.
Commissioner Olson also asked Mr. Burger if the Commission can on a case by case basis prohibit the sale of singles for each establishment. He replied that by right each establishment can sell singles unless they have signed a Voluntary Agreement stating that they will not sell singles.
Burger also pointed out that the ABC Board sent their files to
The Chair moved to not support the applicants request to change their license and the Voluntary Agreement that the Commission negotiated in 1998. The motion was seconded by Commissioner Glick. The vote was 6 to 3.
The Chair reminded everyone that at the next ABC Committee, the Commission will have some representatives from ANC 6A, who also have been working on a policy or approach on how to handle the sale of singles. The idea is to talk with them to get some additional ideas on exactly how to deal most effective with the singles issue. The singles issue is about public drinking and trash.
Commissioner Olson stated that she is glad that a little establishment in her SMD could generate such discussion in terms of what the Commission’s policies really are, and that it is good to have the opportunity to reconfirm what the policies and procedures are from time to time.
Adoption of Minutes
Commissioner Olson, secretary, stated that there are three (3) sets of minutes to approve; Tuesday, April 13th 2005, Tuesday, September 14th 2004, and Tuesday, November 9th 2004 that each Commissioner has in front of them. She did not know if they have had an opportunity to read all 13 pages of each. There has been some editing taking place while the Commission was in session.
Commissioner Jarboe made the following corrections for September 14th meeting. Commissioner Snowden and Glick did later join the meeting. The first vote was 8 to 0, but they did join the meeting later so they were not absent.
Under the Budget Section on page 11, on the first line, it says “that ANC is not paying for staff” and it should read “that ANC is now paying for staff”. On the next page (12) on the 3rd line when it talks about the authorized additional amount of money it is $500.00 and not $600.00. The next paragraph scratch the first entire line, to satisfy the auditors that line does not need to be there. On the 3rd page of the budget is a Resolution to retroactively (add retroactively) authorize the (add additional) $200.00 expenditures in the current fiscal year for supplies and $400.00 for telephone. On the last page, the Resolution vote was actually 10 to 0 instead of 6 to 0.
Commissioner Jarboe stated with those corrections he moved for the adoption of all three (3) set sof minutes. The motion was seconded by Commissioner Wright. There were no objections to the adoption of the minutes. The vote was unanimous (9-0).
Business Card, Website and E-mail
Olson stated that the Commission will have its website in March, but she would
not give an exact day, but it will be in March.
She will be using a template that
Commissioner Glick wanted to know if links could be added to link the Commissioner’s personal websites. The response was no.
The next issue discussed was Commissioners use of their ANC e-mail addresses. Commissioner Olson stated that very few Commissioners are actually using their ANC e-mail accounts and she wants to know why. Is it because they do not know how to get on? Is it because they have too many e-mail accounts and do not have time to check them all?
Commissioner Jarboe said he cannot get his Eudora program to check it. Commissioner Olson stated that he can go to the website to check it. Commissioner Jarboe stated that going to a website is too cumbersome, but it there was some type of way of forwarding their e-mails to their home addresses it would be great. The other Commissioners agreed that forwarding the ANC messages to their personal accounts would be much better.
Commission Olson agreed to setup each Commissioner’s ANC e-mail account so that it will automatically forward all messages to the respective Commissioner’s personal account.
final topic is ANC Business Cards.
Commissioner Olson asked each Commissioner if she/he received the
Committee reports and announcements
1st Quarter Quarterly Financial Report
The Treasurer, Commissioner Jarboe presented the Commission a copy of the 1st Quarter Quarterly Financial Report for review. Commissioner Jarboe announced that the last two (2) quarters have been approved, and the Commission received one (1) allocation just this month of $7,637.18, which is for the first quarter of ’05. The have cut a check for the 2nd quarter of ’05 on January 18th and it has not yet made it to the bank account.
informed the fellow Commissioners that the Quarterly Report they have reflect
the standard cost and budget. He pointed
out that most of the expenses were for the Staff Assistant,
There were no additional questions. Commissioner Jarboe moved for the adoption of the Quarterly Report. It was seconded by Commissioner Wright. The vote was unanimous (9-0).
The Chair recognized that he had overlooked the Committee Reports and Announcements on the Agenda, therefore he asked if there were any. There were none.
Commissioner Hill asked if the water leak in the building had been repaired. The Staff Assistant reported that it had been fixed that day. Commissioner Jarboe asked if they repaired the water leak damage, and the response was no. Commissioner Hill also asked if there were any outstanding gas bills. Commissioner Jarboe responded they there were none, but the Commission has budgeted $3,000.00 for the utility bill for the year, which is normal.
Commissioner Jarboe mentioned, especially to the new Commissioner, that when they look at the Quarterly Report they will notice that the Commission has a healthy surplus because the Commission has been carrying that surplus over the years because at some point in the future the Commission will be leaving the building. When that does occur the City is required to get the Commission space. However, knowing how things work out, he feels that the Commission needs to be prepared to go out and secure commercial space to house the commission’s office facilities. Commissioners Campbell and Wright mentioned that several groups have offered the use of space at their facility. However, Commissioner Jarboe reminded the Commissioners that using the facilities for meeting purposes would be fine, but space is needed to house official ANC 6B documents therefore some office space will be required.
There was no further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of March 8, 2005. The motion was seconded, and the vote was 9 to 0.