Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

March 8, 2005

Commissioners Present: Will Hill, Antonette Russell, Neil Glick, Scott Cernich, Ken Jarboe, Sandra Brown Thomas, Mary Wright, and Executive Director, Bert Randolph

Commissioners Absent: Francis Campbell, Julie Olson, and David Sheldon

Chairperson Scott Cernich chaired the meeting and the Commissioners introduced themselves.

There was a quorum for conducting business.

Adoption of Agenda

Changes to the agenda. The Chair stated that under Presentations he wanted to add Cesar Chavez Public Charter School and a proposed condominium development at 1022 Pennsylvania Ave. Under Planning and Zoning will be the Architect of The Capitol, who is asking to close some sidewalks and parking lanes around the Capitol Power Plant, and Christopher Delfs with DDOT at the request of Commissioners Campbell and Russell will discuss some of the traffic issues related to the opening of RFK for baseball.

Commissioner Jarboe asked the Chair if Commissioners will be able to raise other issues with Chris Delfs and his response will yes. Commissioner Jarboe went on to state that he would like to get an update on the Capitol Hill Traffic Study.

The Chair moved to adopt the agenda as amended and it was seconded by Commissioner Glick. There were no objections, thus the revised agenda was adopted.

Community Speakout

Mr. Zebatory stated that he was sorry to appear before the Commission again dealing with St. Coletta. He stated that if you visit the St. Coletta site you will see that in anticipation of the construction in the spring, they have put up a safety or security fence. Unfortunately, the safety fence does not go up by Burke Street, but includes all the land that was fought over for the past year and a half, which means Burke Street has been extended to the service driveway. He stated that he is asking the ANC to reaffirm in a letter to Mr. Patrick Canaday, Acting Director of Consumer and Regulator Affair, the ANC’s position as to where the boundary lines are for St. Coletta, which is not south of Burke Street extended, as stated in the master plan. Mr. Zabatory further stated that Councilwoman Ambrose is very supportive on this and is in the process of issuing a public statement, for the first time, identifying Burke Street, S.E., extended, rather than the master plan, which he stated that only 8 people in 6B know what the master plan is. He again restated his desire to have the ANC send a letter reaffirming the ANC’s position that was taken in May of 2004 on the southern boundary of St. Coletta as well as CCs to Jim Graham, Chair of Consumer Regulator Affairs, Councilwoman Ambrose, and Carol Mitten, Director of the Office of Property Management. He also suggested that a cover letter be sent with the ANC’s resolution attached.

Commissioner Jarboe stated that he happened to be talking with Councilwoman Ambrose’s Chief of Staff that morning and this issue came up, and it is their understanding that that fence is in the wrong place. The fence is not supposed to be there it is supposed to be right at Burke Street. That is what was agreed to in the terms of their lease. He stated that he would whole-heartily support this.

Susan Coleman, who lives at 15^th and D Street, SE, rose and stated that she had a petition that she would like to have the Commissioners sign at the conclusion of the meeting, which is requesting the further investigation of an allegation that certain Federal Funds allocated to DC General Hospital were misappropriated.

Ms. Lisa Alfred rose and stated that she wanted to address two issues. The first is that she sent a letter into the ANC early in February asking to be on the agenda and she basically has not received any official response until the Commission held its Executive Committee Meeting, and even then she did not receive an official response.

The Chair responded by stating that that was the only time the Commission could officially response was during the Executive Committee Meeting and discussed it.

Ms. Alfred stated that she understood, but she posted a notice on the public list serv and the response came back to that posted note. The response did not come back to her as the citizen who sent in a letter asking for a request. She further stated that this is not the first time this has happened to her and it has happened to others. Therefore, she is very concerned about the issue of transparency and the issue of exactly how does the ANC operate, how do you get information out of the ANC because the ANC does not have a secretary, and it is just not clear to her how thing are operating and that they are operating properly. She stated that the Commission has heard her on this subject before, but every time she comes she has to keep saying the same thing over and over again, what’s going on, when will thing be posted publicly, how do people find out information and that is very difficult and she want to get that on the record.

The other issue she wanted to discuss was the reason she requested to be on the agenda and that is because she represents the Committee to Recall Sharon Ambrose, our Ward 6 Councilperson. She further stated that many in the audience had spoken to her about this issue, that Ms. Ambrose has not been representing Ward 6. They have had difficulty meeting with her, and getting in contact with her. She stated she met with a couple of councilmember staffers the past weekend at another meeting and had seen her flyers regarding their efforts to recall Councilwoman Ambrose, and she said they stated “you know, we get a lot of Ward 6 questions and we got those questions because her staff is not working there are too many issues that coming up in Ward 6 and Mrs. Ambrose is simply not able to work on and she not does not have the capacity and her staff does not have the capacity.” Therefore, that is one of the reasons they have decided to go ahead with the recall because she felt they did not have two more years to wait. She further stated that there was an issue as to whether this topic was a partisan campaign or not. She stated that this was not a partisan campaign. They are not trying to remove Mrs. Ambrose because she is a Democrat. That has nothing to do with this issue. She stated she does not represent the Republican National Committee or the Republican Party.

The Chair stated that he had explained to her previous that that was one of his concerns.

Ms. Alfred further stated that if they were successful, there could be two Ward 6 elections and it is not clear to her why that could not be on the ANC agenda to let the community know what is going on because it seems to her that is the role of the ANC. She passed out to the community and Commissioners a flyer on the subject of her recall.

Community and Commission Announcements

Commissioner Glick stated he was excited to say that at the meeting for Earth Day the community and Commission would be working with Sharon Ambrose’s office and CSOSA on cleanup of the Hill East Waterfront. He encouraged everyone to be looking for more information as that date gets closer because they will be looking for community volunteers to help cleanup the Waterfront on the Anacostia River down around DC Jail and DC General to make areas for the community to enjoy. Commissioner Glick stated that he thought Earth Day was the weekend of April 26^th.

Commissioner Jarboe stated that DDOT is in the process of doing its latest study on what is part of the Anacostia Waterfront Initiative Transportation Study. They are doing their latest study which is Kenilworth Avenue and he wanted to bring it to the attention of everyone because rather than dealing with the issue of a potentially new bridge on Mass. Ave. in the middle of the Anacostia Crossing Study where it should have been, that study went from basically from South Capitol to the11th Street and up to the current East Capitol Bridge. Rather than deal with it in that study they stuck it into this Kenilworth Avenue Study. He stated he would not say why this was done, but there is a great deal of concern that this may be a way to sneak in another bridge that some people in certain parts of the city want. He further stated that a bridge like that would be detrimental to Capitol Hill because it would turn Mass. Avenue into another Pennsylvania Avenue, and Independence Avenue: a commuter route. Commissioner Jarboe stated he keeps hearing that it will only be a park bridge, but we keep seeing it come up on this study that is dealing with the major transportation flow and with the freeway over there. He stated that if anyone is concerned about this issue, there are public workshops coming up, but there are no public workshops in Ward 6 on this. There are public workshops on the 8^th at the Kenilworth Park Side Recreation Center and on the 10^th at the Ft. DuPont Ice Arena and probably the closest will be at River Terrace Elementary School on the 12^th. The hours for the meetings on March 8^th and 10^th are 6:00 p.m. until 8:30 p.m. The hours for the March 12^th meeting are 9:00 a.m. until 12:00 p.m. He stated that if anyone wanting additional information they can visit the DDOT website.

Commissioner Hill stated that the Southeast Citizens has received three of the Cherry Trees from around the Tidal Basin and will have a tree planting ceremony on April 9^th at Lameda Park, which is at 1330 Pennsylvania Ave, at 1:00 p.m. After the tree planting there will be a celebration with food and drinks, and they are asking the community to come join them. This is the Southeast Citizens’ way of contributing to Earth Day.

Presentations

DC Vote

DC Vote – Kim Bassett, Program Director and Kevin Tiger, Communication Director were the representatives from DC Vote. Their mission is secure full voting representation for the District of Columbia. The purpose of their presentation is to make the community aware of what they are doing and how individuals and organizations can get involved with them to help their cause.

Kevin spoke about a poll that they conducted earlier this year with people across the country regarding the fact that DC Residents do not have equal rights in regards to representation in Congress. He reported that they were actually surprised that the numbers had increased. It had gone from 72% to 82% of people surveyed and statistically that is a huge jump and they had thought they had topped out at 72%. So today they feel there is a lot of positive momentum.

He mentioned that Eleanor Holmes Norton, Ralph Regula, Dana Rohrabacher, and Tom Davis of Virginia signed a Dear Colleague letter supporting movement in Congress to take action on getting the residents of the District of Columbia some form of representation in Congress working toward full voting partnership. According to their letter, support for equal voting rights for D.C. in Congress cuts across party affiliations, with 77 percent of Republicans, 82 percent of Independents, and 87 percent of Democrats all favor congressional voting rights for D.C.

Kevin further stated that DC Vote is working with all the people in Congress that are working on various solutions, and there are a number of difference solutions that will bring different levels of democracy and level the economy in DC. They are working to ensure that the residents of DC have equal voting rights as other Americans have.

Kevin stated that the people interested in learning how they can get involved should refer to the DC Vote packet that was distributed to the audience, which also has their website information.

Ms. Bassett mentioned that they were conducting a concert on March 17^th at Theater J, at the Jewish Community Center on 16^th Street and she invited all to come join them. She also mentioned that every year they have earned media to draw people from outside the area into this issue. She felt they had been very successful in the past by having DC Primary and First Information Primary, which are intended to draw attention from outside the area. The also have had Tax Day which is where they have burned tax forms and other things to draw attention to the issue of voting rights. This year they will be at metro stops and at Post Offices and will be giving out things similar to “I Voted” sticker, but these say “Taxation without Representation” and they are asking everyone to wear them. She invited people to visit their website for more background information on the fight for voting rights in DC, what’s going on now, and to volunteer for helping them in their efforts.

Commissioner Wright asked where their office was located and the response was 1500 U Street, NW, Washington, DC 20009. Their phone number is (202) 462-6000 and the fax is (202) 462-7001 and website is www.dcvote.org.

Commissioner Glick asked about the status of the idea that Eleanor Holmes Norton had about DC residents not paying taxes and why they are still pushing that.

Mr. Tiger responded that that was the bill called “No Taxation Without Representation Act of 2002” and it died very quickly. He further stated that it is not very realistic to believe that the Federal Government is going to be willing to give up 3 billion dollars that DC pays in taxes because there is not representation. The message is not that we do not want to be American Citizens and pay our taxes but that we want to be treated equally for the responsibilities we do fulfill as good American Citizens in paying our taxes. He said they modified that bill so that it would call for giving the citizens of DC full representation in Congress for Equal Rights.

Commissioner Jarboe asked if their group had any one definition of Full Representation because there are a lot of different versions of what Full Representation means.

Mr. Tiger responded by stating that their mission is primarily to educate people on the issue with such things as polls and other things. They are very aware that many people across the nation are not familiar with the fact that DC voters are treated differently. While 82% support it, that support was sometimes after making them (people outside DC) aware of the difference in the treatment by DC citizens as compared to where they live. He further stated that their mission is to educate everyone on all of the solutions offered such as statehood, constitutional amendment, or by simple legislation. He stressed that they do not support any one particular solution, but they do support the No Taxation Without Representation Act of 2005, which was introduced by Congresswoman Norton in the House of Representatives and Senator Lieberman in the Senate which would give DC Citizens full congressional voting representation. This means two (2) senators and the appropriate representation in the House based upon DC population counts. They are also working with other members such as Tom Davis who supports the bill and will be putting it forward in this session of Congress.

Commissioner Jarboe stated that he was pleased to see that they are stressing the importance of having representation in the Senate. Because the ability of an individual senator to stand and get a lot done is really amazing what can be accomplished.

Someone from the community asked how was the organization funded. The response was that they were funded by foundation support, individual donors, they are a 501-C3 Non-profit and as such receive donations from various organizations. They have some special projects they have received funding for. One such project is looking at the effects of disenfranchisement on DC public health. His findings, thus far, have been truly astounding on what the negative effects are of not having adequate representation in Congress and its impact on health issues in DC.

Ms. Bassett told the audience of their desire to increase their membership and asked those interested to look at the newsletter handed out and/or to visit their website for more information. The cost to become a member is $20.00 and they would like to have every DC citizen to become a member, if possible.

A person from the community asked if one had to be a DC resident to become a member. The response was no. In fact, many of their members do not live in DC.

Cesar Chavez Public Charter School – Greg Rhett, Consultant

Mr. Rhett provided the audience with a packet of information on the Cesar Chavez Public Charter School.

Commissioner Cernich stated that the Cesar Chavez School will be moving into the Antiques Leasing Building at 709 12^th Street, which is in his SMD, and they wanted to come and make to community aware of them becoming future neighbors.

Mr. Rhett stated that the exterior of the building will remain the same. The only modification or refurbishment will be on the interior. It school will be for high school students only and once they are at full capacity they anticipate having approximately 400 students. The Cesar Chavez School is a Public Policy Curriculum High School, a college preparatory program where, since 1998 100% of all Chavez graduates have been accepted into some university. The student population is diverse and comes from throughout the District of Columbia and it is open enrollment for anyone in the District of Columbia. Students will be arriving by at the school by public transportation. Recognizing the tight parking in the neighborhood, faculty and parents will be strongly encouraged (students will be directed) to park in and around the Minnesota Avenue or the RFK Stadium Armory and take the metro to the school. He further stated that the architect and builders for the remodeling were with him to answer and questions that may arise.

Commissioner Jarboe asked if they would be taking the entire building and the response was yes. He then asked if the students would be housed in a dormitory fashion and his response was negative. The students would be operating in this facility as they would in any normal public or charter school environment.

Someone in the audience asked if they would be taking the smokestacks down and his response was that would be an exterior issue and it is not covered at this time.

Commissioner Hill asked what measures would Chavez Charter School institute to make sure students from Maryland and Virginia would not be attending their school. He stated that each school is required to confirm the residence of each student and they have been very careful to make sure all their students are in fact, DC residents because it is DC tax dollars that are used to pay for the school.

The Chair asked if there was a traffic problem (loading and unloading) when students are coming and leaving school. He responded that in their current location there is absolutely no parking at all. At this location it is their plan to assign staff members with the responsibility of making sure that the loading and unloading of students does not create a traffic problem and should a problem develop they will notify the appropriate people to resolve the problem. He also stressed that their students are the ones who are focusing on going to college, therefore the potential of problems from them is minimum, but cautioned everyone to remember they are young students.

Commissioner Jarboe asked if the students will be required to do internships. The response was yes. Commissioner Jarboe then asked if they will be available to do internships for community groups on Capitol Hill and also with ANC 6B and again, his response was a definite yes.

A person from the community asked if they provided their people with a Metro Check or other types of subsided voucher to assist their students to utilize public transit. He responded that the City provides a voucher program for students and they have to go to the office downtown to secure them. Unfortunately, the staff members are not provided this service.

Another person asked if the building will accommodate handicapped individuals and the response was yes. The question was raised as to how late did he anticipate their school activities running. The response was that typically all their activities are completed by 6:30 p.m., however from time-to-time there may be exceptions. They do have an athletic program, but it is conducted at different sites where they use the Parks and Recreation, and DCPS facilities.

S.G. Architect – Mr. Sas Gharai – 1022 Pennsylvania Avenue

Mr. Gharai made an informational presentation regarding their HPRB Concept proposed which is to replace the Shell Service Station in the current location with condominiums. He has met with the Capitol Hill Restoration Society and it will be going before HPRB on March 24^th. They are doing everything by right and do not have any issues requiring zoning or height or density approvals. It is a C2A, CHC zone and they are allowed 50’ height and a FAR of 3. There will be between 24 and 30 units in the project, underground parking and they anticipate between 20 and 24 parking spaces. They are looking to have a 1 to 1 ratio for parking spaces. He mentioned that a C2A allows for one parking space for every two units, which he like others, hates.

Commissioner Glick asked when he expected to break ground and his response was that they currently have the service station under contract and would anticipate ground breaking to be sometime next spring. Commissioner Glick also asked about environmental studies and Mr. Gharai stated that they were all done when the station was converted from Texaco to Shell, so all studies have been completed. Since they will be putting in an underground garage and if there is any ground contamination it will be removed when the parking garage is done.

Commissioner Jarboe asked if access to the parking garage will be from the alley and if so, at the spot they have designated on the drawings will there be amble space to turn into the garage area. His response was that it’s a 15’ wide alley and they will probably ease a little bit the corner Commissioner Jarboe is referring to.

Commissioner Thomas also stated that she had some concerns about the entrance to the garage because trash trucks have a difficult time turning in the space. Mr. Gharai stated that the service station is currently pushed right up against the back of the alley and in his plan the building will be back from the edge which will provide more space.

Commissioner Jarboe asked if all the units will be residential and the response was yes. Commissioner Jarboe stated he would recommend that they consider designing at the least the first floor units so that they could be entered from the rear and those units in the future could be converted into office space, if the market so dictates. Mr. Gharai stated that they way the units are currently setup it would not be difficult to convert the first floor units into office space.

Resolutions

Capitol Hill Classic – The Chair stated that The Capitol Hill Classic has asked for a Letter of Support from the ANC which is held every year to benefit the Capitol Hill Cluster Schools. The only permits they need are for street closure. The event will be held Sunday, May 22^nd. The Chair moved that the ANC send a Letter of Support for the Capitol Hill Classic.

Commissioner Jarboe asked if he was aware of route of this year’s race and how much action will go through 6B. Commissioner Cernich stated that he thought it was the same as last year.

Commissioner Jarboe seconded the motion. The vote was unanimous (7-0) of the Resolution to send a Letter of Support for the Capitol Hill Classic.

Equality in Procurement Resolution of 2005

Commissioner Glick stated that he had put together this resolution because of his frustration with the State of Virginia all of their archaic laws dealing with gay, lesbian, bisexual, and transgender people. He mentioned that there is currently a boycott of purchasing items in Virginia, which he personally participates in, to demonstrate the displeasure with the Virginia Laws. He further stated that he feels that they are demonizing sexual minorities, thus his decision to offer his resolution. Commissioner Glick stated that he has spoken with several people who support it and he’s also gotten input from people who do not support it.

According to Commissioner Glick there is a Congresswoman in Virginia who is planning to introduce legislation for the Defense of Marriage Act for the District of Columbia and he is very upset with this. He further stated that there are members of the gay community that want him to go slow because they feel DC is about to offer alimony payments for gays and they are afraid his resolution will upset congress. However, his point is that he doesn’t see any elected office taking a stand by telling the officials in Virginia that they are demonizing people and he wants to do so by offering the Resolution. His resolution is intended for presentation to the District of Columbia Government regarding Equity in Procurement of Goods and Services.

Commissioner Glick read the Resolution:

Resolution on Equality in Procurement for the District of Columbia Government

Or the “Equality in Procurement Resolution of 2005”

By Commissioner Neil Glick ANC 6B08

Whereas the Residents of the District of Columbia are a diverse population;

Whereas the Residents of the District of Columbia have been fighting for equal rights, representation, and statehood within the United States;

Whereas the Resident of the District of Columbia pride themselves on promoting equality for all its citizens, even though District Residents are not treated equally by the Federal Government;

Whereas the District has a large population of people that identify as Gay, Lesbian, Bisexual, or Transgender;

Whereas the District of Columbia Government has had the foresight to recognize same-sex unions;

Whereas many states and jurisdictions in the United States are passing laws to allow any two people to get married or enter into domestic partnership and enjoy benefits as the marriage between a man and a woman;

Whereas many states and jurisdictions in the United States are passing laws that demonize the union or marriage or domestic partnership between two people; thus creating an inequality for residents that wish to have the state recognize their love for one another;

Whereas the District Government has many clauses for procurement contracts regarding district businesses, small or minority owned businesses including:

Mandating that 51% of employees in contracted work be “District Residents New Hires”, “Buy American Certification”, and et cetera.

Therefore be it resolved that ANC 6B requests that, in the District Procurement Process, the ‘District Evaluation Standards’ and “Clauses Applicable to all Set Aside or Open Market Solicitations or Open Market with Set Aside” include the following two clauses:

That companies headquartered or with offices or subsidiary offices in states that have a state wide policy of non-discrimination based on race, color, creed, sexual orientation, marital status, religion, disability, and that are joined either in marriage or a union or a domestic partnership, be given a 4% reduction in bid price or the addition of 4 points on the 100 point scale for final determination of acceptance of a contract; and;

That companies headquartered or with offices or subsidiary offices in states that have a policy of not allowing marriage or union or a domestic partnership between any two people, or policies that discriminate against granting equal rights in all to any two people that are joined either in marriage or a union or a domestic partnership, be given an automatic increase of 20% of final bid price or the subtraction of 20 points on the 100 point scale for final determination of acceptance of a contract.

Both of these clauses would include not only primary contractors or providers to the District Government, but all subcontractors as well.

Commissioner Russell stated that her concern was whether or not he had reached out to get support from other organizations regarding the issue rather than forging ahead alone. She was of the opinion that if he had the backing of some of the various gay, lesbian, bisexual, transgender and others working with him, then his Resolution would have more credibility and stand a better chance of hitting its mark.

Commissioner Glick referenced the fact that over 200 members of his family died in the Holocaust and people didn’t stand up, and he does not want to sound all crazy by saying they will be building camps or other things for people who are different, but we currently have a government that doesn’t have trials for people who are being held as prisoners of war and he feel that no one is standing up to protect the rights of minorities, so he wanted to do something. He stated that he had contacted the Human Rights Campaign staff person detailed to DC affairs, Deputy Mayor for LGBT issues, Wanda Alston, who suggested the resolution should be presented as a bill to the City Council and not as a resolution, and other activists.  GLAA was the only organization to oppose this resolution and the initial reaction was very positive. However, the official did not say he was for it either.

Commissioner Glick stated that he was willing to withdraw the Resolution if someone could show him that it is a bad idea for specific reason.

The Chair asked if there were any comments from the community regarding the Resolution. A gentleman, who lives in ANC 6B09, rose and stated that he was very much in favor of the Resolution as written.

Chris Ridge who also reside in 6B09 rose and stated that she understand why people would be afraid of Congress not wanting to provoke them to knock down our laws, but she might object to the wording of Commissioner Russell.

Planning and Zoning Committee

Committee Vice Chair, Commissioner Russell presented the Committee Report as follows:

1) BZA #17306: 227 C Street, SE

The applicant Hannah Reisman is seeking a Special Exception to add an addition to an existing single-family dwelling, not meeting the rear yard requirements. The minimum space required for backyard is 20’. The existing backyard space is 15’, thus the structure is currently in a special exception status. This addition will increase the rear yard occupancy to approximately 55% - requiring a special exception. The test for a special exception concerns the impact of the addition on the neighbor’s privacy, on air and light and on the visual character of the neighborhood.

The applicant has secured letters from her two immediate neighbors supporting the new addition. The Committee believes that the addition will create no substantially adverse affect on either privacy or air/light. Nor do we believe that the addition will create an adverse affect on the visual character of the neighborhood.

The Committee therefore recommends that the ANC support the application for a special exception.

The applicant was asked if there was any new information and these was none.

The Chair asked if there was any new information from the community. There was not any.

The Chair stated that his report comes from the Committee in the form of a motion therefore not needing a second. He asked all in favor of accepting the Committee’s recommendation to raise their hands. The vote to accept the Report was unanimous (7 to 0).

2) BZA 17294: 326 2^nd Street, SE

The applicant, Patrick J. Brown, Jr., is seeking a special exception to allow a two-story rear addition to an existing single-family row dwelling, not meeting the lot occupancy requirement. The applicant is seeking to construct a 17.5 feet wide by 18 feet deep first and second floor addition to the rear of the existing structure. The addition will increase the lot occupancy from 57% to 65%, which exceeds the matter-of-right lot occupancy percentage by 5%, therefore a special exception is needed.

The light and air available to neighbors will not be unduly affected by this project. As a matter-of-right, a three-story addition, measuring 13.5 feet from the rear of the existing structure, is permitted. The proposed addition measures 18 feet from the rear of the first and second floors of the existing structure. The addition also blends well with the surrounding area, therefore we do not believe that it will have an adverse impact on the visual character of the neighborhood.

The applicant has secured from his two immediate neighbors supporting the proposed addition.

The Committee recommends that the ANC support this application.

The Chair asked if there was any new information or questions from the community.

Commissioner Thomas asked the applicants if they had brought with them the original signed (with legible signatures) supporting letters (petition) as was requested at the Committee presentation. The applicant only had a faxed copy of the signed petition therefore the signatures were not legible.

Commissioner Jarboe stated that since the signatures on the applicant’s petition were not legible he recommends that the Committee’s recommendation be amended to be conditional upon receiving copies of legible signatures on the petition prior to the BZA hearing. Commissioner Jarboe made the motion to amend the committee’s report that the ANC’s support is contingent upon receiving copies of legible signatures on the petition prior to the BZA hearing. As a point of clarification, Commissioner Jarboe asked if they are tearing down the shed at the back of the property. The applicant’s response was that that was true and it was part of the narrative in the BZA application.

The Chair asked all in favor of accepting the amendment to the Committee Report to raise their hands. The vote was 7 to 0.

The Chair stated that the motion to accept the Committee Report as amended needed a second. Commissioner Jarboe seconded the motion. The Chair then asked that all those in favor of adopting the Committee Report as amended to raise their hands. The vote was unanimous (7 to 0) to adopt the amended recommendation.

The applicant asked where the petition with the legible signatures was to be sent and he was informed to send them to the ANC office here at 921 Pennsylvania Ave., SE.

3) ZC Case#04-29: Text Amendment to Permit Fire and Emergency Medical Services Department Facilities Within Various Zone Districts

The Committee after reviewing the proposed Text Amendment to Permit Fire and Emergency Medical Services Department Facilities Within Various Zone Districts is in full support of the amendment with the exception for building Fire Stations within residential areas. It is the opinion of the Committee that Fire Station facilities are vital for protecting the homes and citizens in our community. However, the Committee believes that the placement of fire stations in residential neighborhoods would be very disruptive and would generate an inordinate amount of noise in the neighborhoods in which they would be housed.

Therefore, the Committee recommends that the ANC oppose the amendment as a matter of right to place fire stations within any residential neighborhood. However, the Committee does recommend that the Commission support the placement of fire stations in residential areas under Special Exception Provisions.

The Chair stated that the issue is whether there will be a blanket approval such that the Fire Department can put a station anywhere they want without having to get a special exception in a residential community where otherwise it would require a special exception.

There were no comments from the community regarding the issue.

The Chair stated that is item coming before the Commission as a recommendation from the Committee requires not second, all those in favor of adopting the Committee’s recommendation of opposing the amendment as a matter of right to place fire stations within any residential neighborhood to raise their hands. The vote was unanimous (7 to 0) in supporting the Committee recommendation.

The Architect of Capitol Hill is appearing to request the support of sidewalk closures.

Chuck Iliff is the representative for the Architects of the Capitol. Mr. Iliff appeared before the Commission to request approval of the closure of the sidewalks surrounding the US Capitol Power Plant, and the closure of the southern parking lane on E Street between south Capitol and New Jersey Street from April 2005 through March 2006.

Mr. Iliff reviewed drawings regarding the construction at the US Capitol Power Plant and the needed to close the requested sidewalks and parking lanes.

A lady who lives in the area asked if there was a way to restrict the use of the limited parking spaces in the immediate area where the construction is being performed especially along First Street. She stated that when residents prepare to leave their homes in the morning they find construction and legislative people waiting to take their parking spaces which means that when they return most parking spaces are gone.

Commissioner Cernich followed up her comments by asking if the contractors would be provided parking spaces inside of the fenced-in area. He responded that Virginia Avenue is currently closed and the construction workers are utilizing that space and going back under 395 for parking. Commissioner Cernich then asked if he could guarantee that the workers would not be taking up parking spaces on the street. Mr. Iliff stated that he could not guarantee exactly where the workers will be parking, but they have provided some parking for them on Virginia Avenue. Commissioner Cernich further stated that the Commission would be looking to him to discourage the workers from parking on the neighborhood streets.

An individual from the community asked if Mr. Iliff will be required to come back to the ANC when his schedule slips and they are still there after they pass the stated deadline. He responded that they have purposely waited until now to ask for the closures because they know exactly how long it will take to complete the work. However, it this situation does occur, he will come back to the ANC and provide an update and seek an extension if needed.

Mr. Iliff was asked what were the value of the improvements and he quoted 65 million dollars for the refrigeration project.

Commissioner Jarboe stated that he was happy to see the Architect of the Capitol at the meeting because usually the Commission only finds out about things after-the-fact. On the issue of contractors parking, he felt there were things (wording) that could be placed in the contactor’s contract regarding parking and travel of construction equipment on residential streets to help control this problem. He also requested a contact number so that in the event the ANC finds there is a problem we will know who to contact. His contact number is (202) 997-2595.

Commissioner Jarboe made the motion that the ANC support the request for the closure of the specific sidewalks and streets contingent for the specific dates March 5, 2005 until April 6, 2006, if the date is exceeded they must return to the ANC for an extension. The motion was seconded. The Chair asked all in favor to raise their hands. The vote was 4 in favor and 3 opposed with Commissioner Thomas asking to make a note that she was in opposition, thus the motion carried.

Christopher Delfs, Ward 6 Transportation Planner with DDOT – Opening of RFK – Traffic Management Plan

The purpose of his presentation is to get input from the Commissioners and community regarding the upcoming opening of RFK for baseball in less than a month and the traffic situation related to parking restrictions in the area around RFK.

He stated that there will be 81 home games and they will not be able to post restricted parking signs to cover all of the games, therefore they are attempting to come up with alternatives to address the problem.

At this time they are considering extending residential parking restrictions around the stadium. The standard residential parking restrictions last until 8:00 p.m. and they are proposing to extend those restriction until midnight. Therefore, he is seeking to get input on this idea and to get input on the geographic boundary that needs to be established. How far away from the stadium do people think people attending baseball games will be willing to park in residential areas? There will be approximately 10K parking spaces at RFK and there will be a need for parking in the area.

Commissioner Glick stated that at a PSA Meeting it was decided that they would like to have it from 13^th Street up to Lincoln Park.

Commissioner Hill stated he would like to see it from 13^th Street up to Potomac Avenue. He further stated that at 14^th Street and Potomac Avenue there is a metro stop and people will parking in the area and take the subway to the stadium.

Commissioner Russell pointed out that the parking restrictions will be fine, but parking enforcement must go hand-in-hand with it to be effective. Chris agreed with her and stated that they are trying to focus additional resources to address the problem.

Commissioner Hill stated that what is really needed is tow trucks available to tow the illegally parked vehicles away.

Commissioner Russell asked Chris if he had spoken with Ward Griggs at SEC because he supposedly has a plan and she would like to know exactly what it is. Chris replied that he has attempted to get with Mr. Griggs, but has not heard back from him. He further stated they are in the process of drafting a document outlining the conditions that they need the SEC’s help in funds for resources and information assistance.

Commissioner Jarboe stated that they should go ahead and do what they think is best because the streets are DDOT and if they wait for the Sports Commission to do it it may take forever. He likes the idea of building it into the existing residential parking permit system. One of the complaints the Commission usually heard before was the fact that when there were special events signs, the resident had to go and get a special parking permit sticker and not everybody would go down and get a sticker. Then when there was enforcement the police would give tickets to people who even had special event stickers, so that system did not quite work. He does like the extended hours regulations.

Chris stated DDOT would like to see people attending the baseball games to use public transportation. With the DC United games approximately 40% take public transportation and they are expecting about the same with the baseball games.

Mr. Randolph stated that he has observed in several cities where sporting events were held, parking was controlled by the placement of special signage that specifically restricted parking on days on which ballgames were being held. Residents with proper parking permits and guest parking permits were not restricted from parking in the area during game days.

Commissioner Glick stated he wanted to go on record voicing his dissatisfaction with DDOT in waiting until 5 week before the opening of the baseball season to try to put in place a policy for parking around the stadium. He further stated in discussions with Councilwoman Sharon Ambrose in February he was led to believe that DDOT had a plan in place to address the parking problems and to now find that this not the case was very disappointing.

Commissioner Russell stated that the ballpark parking issue was one of her main reasons for attending tonight’s meeting so that she could put on the record that there was not a plan.

Chris assured the Commissioners and community that he understood their concerns, but he also wanted them to know that some thought had gone into trying to develop a plan. They do not have a formal plan, but are working on developing a plan and that was one of the main reasons he wanted to meet with everyone to get input on potential solutions for the problem. He went on to point out that RFK has been servicing patrons attending various team and other events and that parking has been managed fairly well for a long time.

Commissioner Jarboe followed up by saying that yes that was true, but there were still lots of problems, residents were getting their cars towed, ticketed and various problems.

Mr. Keith Smith, former ANC 6B Commissioner, stated that DDOT does not have a plan and it is five (5) week away and that it was a good thing that they were coming to the community for input. He further commented that DDOT had said that it could not post all 81 games, but he felt DDOT could at least post a monthly game schedule to indicate what dates parking will be restricted with differentials between day and night games. He also suggested that DDOT put in force a marketing campaign to notify residents of upcoming games with suggestions to use public transportation and stating that parking restrictions will be strictly enforced like snow restrictions, which will heighten the public’s awareness of their high potential of being ticketed and towed. This action will preclude them from coming to the game and parking in restricted areas under the assumption that they will not have to pay a price.

Chris responded that the idea of posting monthly game schedules would probably not be very cost effective.

Commissioner Glick stated he would like to see something being done for the immediate parking problem such as the one (1) or two (2) parking until midnight with the idea of revisiting the issue at a later day.

Mr. Randolph felt the only economical and practical solution is to put up universal signage that stated “Restricted Parking on Game Day” and utilize the marketing campaign suggested by Mr. Smith.

Mr. Smith added that he would like to see the cost of the marketing effort to be paid by the ball team owners and not the city. He also asked Chris what has been their communications with the SEC regarding the parking problems and SEC’s proposed solutions.

Chris responded that he has not spoken directly with SEC, but has made efforts to do so. However, DDOT has been devoting resources to solving this particular problem. As part of solving the parking problem with the extension of restrictions until midnight, he will have to find out whether DDOT can make this change independently or if they will have to get separate legislation from the city. The other thing they are doing is drafting a letter to the SEC explaining what their specific responsibilities are in regards to traffic situations (problems) and what funding they are going to provide for traffic control needs. They are also working with Traffic Services Administration because they handle traffic operations. Additionally they will be placing advance signage to assist people get off the freeways and streets at the appropriate time and many other areas to address the problems.

Commissioner Russell asked Chris if DDOT and SEC will be developing specific plans to address traffic problems associated with the baseball park. Her concern was that they may be spending time going back and forth with plans and not getting anything done.

Chris responded that the intent is not to have competing plans, but to work together to arrive at the best possible plan and to help the SEC understand exactly what the problems are. He stated that in the end it will be DDOT to makes the final decisions.

Commissioner Jarboe asked the Chair to move the discussion to the topic of the Capitol Hill Traffic Study.

Chris responded that the Study has been awaiting the resolution of budgetary and technical problems and it has finally gotten underway with the signing of paperwork. They had a meeting with the consultants and Jim Harris also attended the meeting. At the meeting they discussed the scope of the project, the work schedule and the consultant will start with an analysis in approximately a week or so.

Commissioner Jarboe wanted to know when they expected to have public meeting to allow community input on the project. Chris responded that the first meeting would be the end of March, which is his best estimate. Commissioner Jarboe stated that it would be good if Chris could give as much advance notice to publicize the meeting for the best input.

ABC Committee

Commissioner Wright read the ABC Committee report:

At a previous ANC meeting, concerns were expressed about the Ugly Mug located at 723 8^th Street, S.E. and subsequently, referred to the ABC Committee for further investigation. In attendance were the owners, their attorney, the tenants, the daughter of the landlord, and a foot patrol officer. The tenants had expressed concerns about ongoing noise violations and hours of operation. The owners are now seeking a substantial change to the license and will ask for ANC support at a later date. No action was taken by the Committee.

The ABC Committee then met with representatives from ANC 6A in a collaborative discussion on policies towards the sale of single alcoholic beverages by Class A and B liquor stores and Voluntary Agreements. Commissioner Joseph Fengler, Nick Alberti and Mary Beatty represented ANC 6A. The Committee will meet again with ANC 6A to continue the discussion and report back to the ANC at the next meeting.

Commissioner Jarboe stated that the Ugly Mug now has its placard up with the substantial change and will they will come back to the ANC at the next meeting.

Commissioner Glick stated that a representative from the police department who is the 8^th Street evening officer and asked to the Chair if it was okay to ask him some questions regarding the Ugly Mug.

The Chair asked if it would be new information. Commissioner Glick said yes it would be new information, because previously they had the day officer.

The decision was made that his comments will be held until the next meeting, which will all parties to be present and prepared.

Commissioner Glick wanted a few minutes to clarify the record regarding his Resolution, which the Chair granted.

Commissioner Glick stated that contrary to what Frank Zampatori had said, he had spoken with Sharon Ambrose’s office, the Human Rights Campaign Fund, and Peter Rosenstein regarding his resolution.

Committee reports and announcements

Commissioner Jarboe reported to the Commission and to the public that at an earlier meeting the Commission had agreed to a public meeting on Reservation 13 with Andy Altman, the date for the meeting is April 6^th at 7:00 p.m. at Payne Elementary School to discuss the implementation of the master plan for Reservation 13 and the transfer of authority.

Adjournment

There was no further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of April 12, 2005. The motion was seconded, and the vote was 8 to 0.

Meeting Adjourned.

Prepared by Bert Randolph

Attested: