Advisory Neighborhood Commission 6B
Minutes of Regular ANC Meeting
January 8, 2008
Commissioners Absent: None
There was a quorum for conducting business.
Adoption of Agenda
Commissioner Jarboe stated that he would like to amend the agenda by adding an oral resolution to modify the National Marathon Race route, add an item regarding the expenditure for placing the ANC’s ad in the Community Guide and a resolution regarding the funding of the ANC Security Fund.
Commissioner Wright made the motion to adopt the agenda as amended. The motion was seconded by Commissioner Olson.
The Chair asked all in favor of adopting the agenda as amended to raise their hands. The vote was unanimous (10-0).
Election of Officers
The Chair announced that she was turning the meeting over to
Mr. Simon reviewed the rules for the election of officers with the Commissioners and the community and pointed out that the election will require a majority vote of all Commissioners present at the meeting, which is a slight difference from the usual present and voting rule and this is because the commission’s bylaws requires the majority of votes present. This means that an abstinence vote is the same as a no vote.
The floor was open for the nomination of Chair. Commissioner Wright nominated Commissioner
Olson for the position. There were no
other nominations for the position. Mr.
Simon declared the nomination closed and that Commissioner
The nomination for Vice Chair was open. Commissioner Garrison nominated Commissioner Jarboe for the position. There were no other nominations for the position. Mr. Simon declared the nomination closed and that Commissioner Kenan (Ken) Jarboe had been elected Vice Chairperson by affirmation.
The nomination for Secretary was open. Commissioner Olson nominated Commissioner Garrison for the position. There were no other nominations for the position. Mr. Simon declared the nomination closed and that Commissioner David (Dave) Garrison was reelected Secretary by affirmation.
The nomination for Treasurer was open. Commissioner Glick nominated Commissioner Carol J. Green for the position. There were no other nominations for the position. Mr. Simon declared the nomination closed and that Commissioner Carol J. Green was elected Treasurer by affirmation.
The nomination for Parliamentarian was open. Commissioner Oldenburg nominated Commissioner
Wright. Mr. Simon asked if there were
any other nominations. Commissioner
Patty Shea asked if the Commission was aware of the
Ms. Shea informed the community that the business that was
going into the first floor of their condo building is now being moved to 11th
DDOT Remove left turn lane at 17th and Potomac Avenue, SE
Ms. Pat Taylor who lives
Commissioner Patterson, whose SMD this intersection is located, stated that he is in support of this action and has personally observed the potentially dangerous condition that exists because of DDOT’s action.
Commissioner Glick made the motion that the Commission write
to DDOT requesting that they give top priority to removing this left-turn lane
at 17th and
The Chair asked all in favor of the motion to raise their hands. The vote was 9-0-1.
Congressional Cemetery Grant
Ms. Elizabeth Jones, who is with Congressional Cemetery, stated that they are applying for a grant to the Office of Historic Preservation to archive a number of historic documents that go back over hundred of years. Ms. Jones stated that they are seeking to archive and transcribe the documents so that the data can be available to scholars, genealogists, families and the general public by making digital copies, transcribing the data into searchable databases, placing the data on the Internet, and making a reproduction copy of the books for on-site researchers. When the task is complete, the original books will be placed in storage under appropriate archival storage conditions.
Ms. Jones stated that Congressional Cemetery is requesting the Commission’s support in their application for this very important grant.
Commissioner Wright stated that since she is employed by Congressional Cemetery, she would be recusing herself from the discussion and vote on this matter.
Commissioner Jarboe made the motion that the Commission sends a letter supporting their grant application. Commissioner Garrison seconded the motion.
The Chair asked all in favor of the motion to raise their hands. The vote was 9-0-1.
MLK Anti-Crime March
Mr. Juan-Jose Garza announced that the Barney circle
Neighborhood Watch Association will be conducting its 18th Annual
Martin Luther King Day Anti-Crime March on January 21st at 7:30
p.m. The march will originate at the
Eastern Market Community Workshop
Chuck Burger announced that the Eastern Market Community Advisory Committee and the Office of Property Management are conducting a Community Workshop on Eastern Market Management and have hired David O’Neil, the Senior Associate for Public Markets at the Project for Public Spaces (PPS) to conduct the meeting. OPM intends to grant a new management contact for Eastern Market management in the next several months. The purpose of the workshop is to get ideas from the community regarding EMCAC’s advisory role over Eastern Market. The public is encouraged to attend and participate in the workshop as a community to help shape the future of Eastern Market. The workshop will be held at Hines Junior High School Cafeteria on January 17th from 7 until 9 p.m.
Mr. Herbert Jones, Manager, Consumer Services Division, the
DC Office of the People’s Counsel announced that Councilmember Mary Cheh,
Chairperson of the Committee on Public Services and Consumer Affairs will be
conducting two public hearings regarding the quality of service provided by
PEPCO, Verizon and Washington Gas. The
meetings will be held on Thursday, February 7th at 10:00 a.m. in the
5th floor Council Chambers and on February 9th at 11:00
a.m. in room 412 in the
Community and Commission Announcements
Anacostia Waterfront Community Fair
Commissioner Jarboe announced that DDOT, the Office of
Planning, the Office of the Deputy Mayor for Planning and Economic Development
will be holding the Anacostia Waterfront Community Fair on Saturday, January
26, 2008 at St. Coletta of Greater Washington, located at
Architects of Capitol Hill – Corp of Engineers
Commissioner Garrison announced there will be a community
meeting by the Architect of Capitol (AOC) and the Corp of Engineers on
Wednesday, January 16th at 6:30 p.m. at St. Peters to discuss their
proposal to fix the steam tunnels under 2nd Street. The proposal is to rebuild the tunnels from
Ward 6 Democrats
Chuck Burger announced that the Ward 6 Democrats will be
having a forum to discuss preventive crime measures in the ward. The meeting will be held on January 15th
Commissioner Jarboe stated that the Commission had asked the
National Marathon Race to change its route based upon the suggestions from
Commissioner Nick Alberti at ANC 6A. As the marathon sponsors discussed the
route with the police department, there were some questions raised about an
option to open up part of East Capitol faster. The Metropolitan Police
Department suggested that the sponsors not use
Commissioner Jarboe made the motion that the Commission
support the minor modification to the race route to remove
The Chair asked all in favor of the motion to raise their hands. The vote was unanimous (10-0).
The Chair turned the meeting over to Commissioner Wright the Chair of the ABC Committee to make their report.
Applicant requests to amend liquor license to expand operations to the 2nd floor. Current license supports 98 people downstairs in its present location. Applicant proposes a second floor addition with a roof top deck to support approximately 75 people or whatever is supported by the fire code occupancy. Some of the second floor addition will be used for storage and office space. An 8-foot fence will surround all of the proposed roof top deck and there will be no music or TV sound on the roof top. Since the deck faces an alley, there is a commercial building in back along with a few affected neighbors. Applicant plans to get letters of support from the neighbors.
Given that Ugly Mug
is willing to sign an amended voluntary agreement, limit roof top hours to
those that are consistent with other businesses on
The Chair asked if there was any new information on the case.
Mr. Gaynor Jablonski stated that they had passed out a letter to their neighbors, but that they were not able to get into all of the buildings. However, they were able to get the letter to 3 of the 4 buildings that have residents. The people they had spoken with directly face the applicant’s building in the rear. These neighbors support the applicant’s request. The applicant left information at the fourth building, -- 726 7th Street.—and invited residents to call if they had any questions. Mr. Jablonski stated that Mr. Tate from 726 7th Street called him and expressed his concern that every once in a while late at night on some weekends the Ugly Mug staff will go out back to empty trash into the dumpster and wake him up. Mr. Tate asked Mr. Jablonski if he could make sure his staff could keep that to a minimum or if it is after 2 or 3 in the morning that they could keep the trash inside until the next morning.
Commissioner Garrison stated that at the Committee meeting the applicant was asked if they had received any complaints from the neighbors and the response was no. Subsequently, the Commission has received a letter (e-mail) from Ms. Erika Jeffers who lives behind the applicant’s premise stating that Ms. Jeffers has a problem with noise coming from the rear of the restaurant. This includes conversations of the restaurant staff when they are on smoke breaks and banging that occurs when the staff is disposing of bottles in a dumpster at closing time late at night. Additionally, Ms. Jeffers stated that complaints had been lodged formally with you and city authorities and nothing much has been done to correct this situation. Commissioner Garrison continued that he is concerned because last week this matter was not brought forth by the applicant. Therefore, he asked Mr. Jablonski to clarify the situation.
Mr. Jablonski stated that the only complaint he had had was from the city about trash pickup. He had a smaller dumpster in the rear of the building that was being emptied 4 times a week but was always filling up. He consequently increased the size of the dumpster still emptied four-days per week. This adjustment made matters worse because the truck that picked up the trash was a front loader that makes too much noise. However, the applicant said he has now eliminated the overfilling of the dumpster, a solution which also addresses a potential rodent problem. The other problem the applicant was experiencing was with the facility’s grease trap. The company servicing the trap was using barrels as receptacles to collect the grease, an approach which sometimes allowed grease to spill over onto the ground. Mr. Jablonski subsequently had the container changed to a dumpster style which has eliminated the problem.
The applicant said he has not been made aware of any other complaints. He said he has always invited people to make him aware of any problems so that he could address them. Mr. Jablonski stated that he was not aware of the complaint from the neighbor in the rear of his business and the complainant was not present when he visited the complainant’s building the previous evening.
Commissioner Garrison asked Mr. Jablonski if there was a particular time that his staff emptied their trash. Mr. Jablonski responded that there was not. The procedure is to empty trash when the receptacles become full or at the end of the shift. They empty at the end of shift to prevent a rodent problem within the building itself. Mr. Jablonski added that staff no longer takes smoke breaks in the rear of the building because they now use the area out front.
The Chair stated
that she had distributed to the Commission a letter she had received from a
resident in the apartment building at
Commissioner Glick stated that he had concerns about the potential problem with rats around the building and based upon his experience with Remington’s he did not want to see this establishment create the same problems.
Commissioner Jarboe asked about a picture of a dumpster in the rear of the building that was dated last March and wanted to know if it represents the current condition. Mr. Jablonski stated that it does not represent anything like what it is today. Commissioner Jarboe then asked if the roof patio area would go all the way to the back of the building. Mr. Jablonski responded that it would not because there are kitchen vents from the first floor that are at the very end of the roof area. The patio area will be completely enclosed by a 8 to 12 foot stockade fence to prevent noise from disturbing the neighbors in the rear.
The Chair asked if there would be a separate bar area on the 2nd floor patio area. Mr. Jablonski stated that would be a separate bar but it would not be on the outside area. The only thing outside will be tables.
Commissioner Campbell asked if the applicant planned to install something to keep patrons from throwing items (beer cans, cigarette butts, and etc..) over the top of the enclosures. Mr. Jablonski stated that his architect is working to install proper protection to prevent this, but must keep within the building code to prevent the area from being classified as enclosed and thus require, restrictions on smoking in the open roof area. However, he will do whatever is necessary to minimize the potential problem of trash being thrown over the top of the roof enclosure.
Mr. Jablonski stated that the ABC Board wants him to get a letter of support from the ANC stating that the Commission was in general support of the rooftop deck with the understanding that he would have to return to appear before the Commission to get approval for the substantial change to his liquor license.
Commissioner Jarboe made the motion to amend the Committee Report to express to the ABC Board that the ANC support for this substantial change is conditioned upon the execution of a revised Cooperative (Voluntary) Agreement. The motion was seconded by Commissioner Garrison.
The Chair asked all in favor of supporting the amendment to the Committee Report to raise their hands. The vote was unanimous (10-0).
The Chair then asked all in favor of supporting the Committee Report as amended to raise their hands. The vote was 9-0-1.
Commissioner Patterson had to leave the meeting due to a prior obligation.
Planning and Zoning Committee
The Chair turned the meeting over to Commissioner Garrison, acting as Chair of the P&Z Committee, to make the Committee Report. Commissioner Garrison asked the Chair’s indulgence to allow him to flip the order of the cases so that 1000 D Street could be taken first because it appears to be more straightforward that the other case. The Chair agreed.
BZA #17727, 1000 D Street, SE – Special exception for second floor addition to existing one-family row dwelling
The owner, Mr. Tony Serafino, along with his architect, Mr. Dave Shove-Brown, made the presentation. The property is a two-story, corner house with a lot occupancy of 69%, a prior non-conforming status under the zoning code. The owner proposes to demolish the second floor deck at the back of the house, and an outside staircase to the deck, and replace it with a new second story room that matches the footprint of the first floor of the house. The applicant proposes to maintain the same roof line as that of the middle section of the existing structure and to have the new structure match the existing look of the rest of the house. There would be no change to the lot occupancy. The applicant presented a letter from the neighbor of the one abutting house expressing approval of the project, and also provided letters of support from several neighbors across the street.
The Committee recommends that the Commission support the request for the special exception. The proposed renovation will be an improvement to the current look of the building and has broad support from those most impacted in the neighborhood.
The Chair asked Mr. Serafino if there was any new information on his case. There was none.
The Chair stated that this case comes as a recommendation from the Committee, no motion or second is needed. The Chair then asked all in favor of the recommendation to raise their hands. The vote was 8-0-1.
HPA #08-112, 612 E Street, SE – Rear addition
Mr. Douglas Faque, the developer of the property, made the
presentation. The property at 612 E
Street, SE is a two-story, wood frame, attached townhouse on a lot that runs
from E Street through to the other side of the block at South Carolina Avenue,
which makes the lot a good deal larger than the neighboring properties. The house fronts on E Street; a covered,
brick garage fronts on
The proposal is opposed vigorously by the neighbors on both sides of the applicant’s property. Mr. Lawrence Helms, the owner of 610 E Street and Mrs. Elizabeth Wilcox, owner of 614 E Street, made an extensive presentation urging that the proposal not be approved for a long list of reasons, some of them relating to zoning concerns, some to worries about conditions beneath the ground under these buildings, and some focused on the impact of the project on the historic character of the neighborhood.
The Committee recommends that the Commission disapprove of
this request. The Committee is opposed
to the razing of the garage roof on the grounds that it will negatively impact
the view of the property from
The Committee is also concerned that the proposed extension
of the back of the main house may also negatively affect the historic character
of the area. The size of the proposed
extension would bring the building well beyond the building footprints of the
neighboring houses and could well be seen from
The Chair asked Mr. Faque if he had any new information that was not presented at the P&Z meeting. Mr. Faque responded that he did.
Mr. Faque stated that he had met with a conservationist
David Morgan who is well known by the Capitol Hill Restoration Society and he
likes the project. Mr. Faque stated that
the house appears to be one of the oldest remaining wood framed structures on
the Hill. He also stated that he spoke
with Ms. Mary Smith who is the owner of the apartment building that is next
door, and according to her, the garage at
The applicant said he is being upfront in asking for permission to remove the garage roof in order to increase available lot occupancy for the proposed addition to the main house. Mr. Faque further stated that when they met with Mr. Morgan he suggested that they only remove a portion of the garage roof and to treat it as an open pergola. He was of the opinion that that would still maintain some of it historic fabric. Mr. Faque went on to say that HPRB feels that it is part of the historic fabric, but it was not necessarily worth saving. Mr. Faque provided the Commission with several photos of other properties on the Hill that he said presented similar concerns but that were approved by HPRB.
Commissioner Jarboe stated that the P&Z Committee had
asked Mr. Faque to provide it with sightline drawings of the back of the
structure. Mr. Faque stated that he had
asked his architect to do this, but when he started to do so, because of the
distance, which is well over 100 feet, he indicated that the sightline would be
virtually flat so what is illustrated in the pictures he had provided would be
what would be seen from approximately 110 feet away. Therefore, the back of the house would not be
visible from the far side of
Commissioner Jarboe stated that the Commission has always been told that if you put a pergola on it counts as a roof for lot occupancy purposes. Therefore, he wanted to know how putting a pergola on would help him in the lot occupancy question.
Mr. Faque responded that they are not proposing that the entire garage be covered with a pergola. They are proposing at a little over half would be covered. Since they are dealing with a different zoning administrator it is his interpretation is that a pergola does not count toward lot coverage.
Commissioner Campbell asked was it not true that taking the roof of the garage would change the character of the structure.
Mr. Faque stated that the feedback he received from Steve Callcott and Anne Brockett at HPRB is that they support his application.
The Chair stated that she had spoken with Nancy Metzger at CHRS and they oppose the project for basically the same reasons the Commission has.
Commissioner Jarboe stated that once they take the back wall and roof off the structure you would be left with the left wall that would then be over 12 feet. This would require that they get a permit for an illegal fence. And if he took the wall down to 8 feet to make it legal they would lose the doors and in the end they would end up razing the garage. Mr. Faque commented that if that is the case they could go for a special exception. Commissioner Jarboe then stated that if they are willing to go for a special exception for the wall, then they should go for a special exception for the lot occupancy.
The Chair stated that the applicant is proposing taking off the roof and attempting to skirt around the zoning law to get his application approved and based upon her observation it would be out of the character for the neighborhood and she agrees with the neighbors that it would be inappropriate. The Chair then read a statement that had been provided to her that stated “the garage would be a demolition of a 1921 structure defined in the Historic Landmark in the Historic District as razing or destruction entirely or a significant part.”
Commissioner Glick stated that the plan is a very creative solution, but a very bad idea.
The Chair stated that this comes as a recommendation from the Planning and Zoning Committee, now motion or second is needed. The Chair then asked all in favor of the recommendation to raise their hands. The vote was 8-0-1.
BZA# 17711, 612 3rd Street, SE – Special exception to operate a bed and breakfast facility (6sleeping rooms)
Commissioner Garrison stated that the applicant was unable to attend the prior Planning and Zoning Committee and therefore there was not a presentation on this case at that time. Commissioner Garrison also stated that there were a number of persons who attended the P&Z Committee meeting that appeared to be in strong opposition to this case.
The Chair invited the applicant to make her presentation to the full Commission regarding her case.
The applicant, Ms. Diane Powell, provided the Commissioners with a packet of information regarding her application. Ms. Powell stated that she has been operating a bed and breakfast at 612 3rd Street, SE, since 2004 and she has never had any complaints against her or her operation and most of the people who stay at the business usually are in bed by 10:00 p.m. nightly. Ms. Powell further stated that clients usually arrive between the hours of 3:00 p.m. and 8:00 p.m., and the only time someone would arrive later than that would be if an overseas plane is late or something of that sort. Ms. Powell provided the Commission with parking statistics that indicated only about 25% of guests have actually parked at the bed and breakfast location over the past 3 years. More recently, the rate of parkers among her guests has only been about 18%. Ms. Powell stated that the packet has some letters of support from her neighbors. Ms. Powell reviewed a diagram of her property and stated that parking usually is not a problem unless Results Gym is holding aerobics classes and that is only in the early evening. Ms. Powell stated that because her bed and breakfast is in the Historic District, she is allowed to go up to 6 rooms in her operation as a matter of right.
Commissioner Garrison asked what was the relationship
The Chair stated that
Commissioner Glick asked Ms. Powell if she had a license to
rent out the property at
Commissioner Olson asked if Ms. Powell had any place to
convert the property at
Commissioner Olson stated that she was provided two letters of opposition today to this application.
Ms. Powell stated that there is a phone box on a pole in the rear that allows people to contact her when they need access to the alley.
The Chair opened the discussion up to hear the neighbor’s comments.
Ms. Jackie Parker who lives at 305 South Carolina Avenue, stated that her phone is hooked up to the phone box in the alley and every time she has a phone problem she has to go over to the 4th Street location to get the key to have access to the box.
Chuck (last name not auditable) who lives at
Jim Mease, who lives at
Mrs. Mara Kennedy, who lives at
The Chair read a part of the regulations that addressed Mr. Kenney’s specific comments.
Commissioner Oldenburg stated her concern about creeping commercial usage and asked if there are any conditions or provisions of the code that can be used to prevent the bed and breakfast.
Commissioner Garrison responded that the code limits the number of B&B units in the Historic District to 6, and that is the limit of the constraint in the current code. Commissioner Jarboe stated that the code also states that the use shall not be permitted in multiple dwellings for a bed and breakfast.
Debra Nailer, who lives at
Commissioner Garrison stated that the owner of that property
would have to live within the property before it would qualify as a potential
bed and breakfast. If that was the case
then it would have to be treated as a separate application on its own
merits. Technically the owner of the
Commissioner Jarboe stated that the issue at hand is the project’s compatibility with the residential neighborhood. Commissioner Jarboe then made the motion that the Commission opposes the application on the ground that 6 units in this particular location is not compatible with the residential neighborhood in which it is located. The motion was seconded by Commissioner Olson.
The Chair asked all in favor of the motion to raise their hands. The vote was 8-0-1.
Eastern Market Committee
The Chair turned the meeting over to Commissioner Jarboe to make the Eastern Market report.
New personnel at the Office of Property Management: as mentioned last month, Matt Hussman has joined OPM as the project manager for Eastern Market. Stacy Norris will be rotating to a new assignment, in keeping with her position as a fellow. Robin-Eve Jasper has taken over as acting Director of OPM.
As reported before, OPM has contracted with Project for Public Spaces (PPS) on the RFP for a unified market manager and issue of managing the market. There will be a community forum on Thursday, January 17 at Hine at 7 pm.
EMCAC continues to be very concerned that OPM is not
following the legislation requiring consultation and review of decisions
concerning the Market. OPM has
contracted with the Temple Group for construction management services. In part, this was done because this company
was “pre-qualified”. However, EMCAC
expressed strong concerns that the company was not necessarily pre-qualified in
areas of historic preservation. Nor was
EMCAC consulted in the process as required.
EMCAC passed two resolutions. The
first expressed its concern of over the lack of process, asked for
documentation of the construction management contract and stating that any
construction management services company working on Eastern Market must
demonstrate historic preservation expertise.
The second resolution requested the creation of a coordinating committee
to inform and coordinate the construction activities with the relevant impacted
parties, such as merchants, vendors,
The market managers stated that they are working on the trash issue. Two trash compactors and one cardboard box dumpster have been installed. Apparently, some are using the large construction dumpster for market trash, which is still creating a problem. OPM and the market manager are looking at ways to stop this trash use of the dumpster.
The steel trusses for the roof will be delivered and
installed in the next few weeks. No
parking will be in effect on the east end of
OPM announced that bids were opened for the interior renovations. Five (5) bids were received ranging roughly from $7.5 million to $11.5 million.
There was continued discussion at the EMCAC meeting about the North Hall. Contrary to rumors, Market 5 Gallery has not been evicted (apparently there was come confusion about the locks). It is unclear whether they have caught up on their back rent. It appears that the issue of tenant of the North Hall will need to be resolved before the interior renovations of that part of the Market can be carried out. EMCAC unanimously voiced its concern that OPM make a decision on the tenancy of the North Hall based on the long term best interest of the Market, not for reasons of construction or political expediency.
Nothing has happened with the earlier proposal that space under the shed be offered to vendors during the week.
The earlier confusion of over the glass to be installed in the windows was clarified, with the appropriate UV and visible light-blocking glass to be installed.
There is not any updated information on the lighting on the north plaza.
ANC Ad in Capitol Hill Community Guide
The Chair turned the meeting over to the Treasurer, Commissioner Green.
Commissioner Green stated that an ad for the ANC in the Capitol Hill Community Guide will cost $246.50 and will need to be paid for during the month of February if the Commission wishes to continue to advertise in the publication.
Commissioner Glick made the motion that the Commission approves the expenditure of $246.50 for the Ad. The motion was seconded by Commissioner Wright.
Commissioner Garrison asked if the expenditure is currently part of the commission’s budget. Commissioner Jarboe responded that since the Commission was not always sure it wanted to use this publication it was not, and that was the reason it was being voted on now. Commissioner Garrison suggested that the Commission consider adding this expenditure to its annual budget.
The Chair asked all in favor of supporting the motion to raise their hands. The vote was 8-0-1.
Commissioner Green stated that the Commission needs to approve the Commission’s participation in the ANC Security Fund and authorize the treasurer to pay the $25.00 fee for the period of January 1, 2008 through December 31, 2008. Commissioner Green continued by stating that the Chairperson and Secretary are authorized to execute the necessary agreements.
Commissioner Glick made the motion that the Commission authorizes the expenditure for the ANC Security Fund. The motion was seconded by Commissioner Wright.
The Chair asked all in favor of the motion to raise their hands. The vote was unanimous (9-0).
Approval of Minutes
The Chair turned the meeting over to the Secretary, Commissioner Garrison.
Commissioner Garrison stated that the minutes of the December Commission meeting had been reviewed and corrected and are ready for approval. Commissioner Garrison made the motion that the minutes be adopted as reviewed. The motion was seconded by Commissioner Wright.
The Chair asked all in favor of adopting the minutes to raise their hands. The vote was unanimous (9-0).
There was no further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of February 12, 2008. The motion was seconded, and the vote was 9 to 0.