Advisory Neighborhood Commission 6B

Regular Meeting Minutes

September 13, 2011 – 7:00 p.m.

St. Coletta of Greater Washington

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

1. Adoption of Agenda

Commissioner Campbell moved (with a second from Commissioner Green) that the agenda be adopted after Commissioner Metzger requested adding a one day sidewalk café waiver for Zest, Commissioner Critchfield asked that the approval of meeting minutes be tabled until the October meeting and Commissioner Oldenburg requested that BZA #18258 be removed from the Consent Agenda. The motion passed 9-0.

2. Community Speakout

Steven Salis (steve@324corp.com) said he has an option for a lease at 415 8^th Street, SE and wants to open a pizza restaurant.

Kseniah Kaladiouk (parkcoordinator@gmail.com and 13thstreetgarden.org) announced their yard sale and fundraiser on Saturday, October 8.

3. Community and Commission Announcements

Commissioner Flahaven announced the Capitol Hill East Task Force meeting on September 28 at 6:30 p.m. at Payne Elementary.

Commissioner Pate announced the Walk to School Day event on October 3 at Lincoln Park.

Commissioner Metzger announced a Preservation Café on September 21 and a Community Forum on September 22. Both are sponsored by CHRS (Capitol Hill Restoration Society).

4. Presentations

Johnny Barnes of ACLU-NCA did not attend the meeting.

5. Consent Agenda

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

Planning & Zoning Cases

· HPA # 11-???, 329 Pennsylvania Avenue, SE – Hawk-N-Dove – Storefront modifications and the insertion of a couple of windows on the front façade

· BZA # 18258, 1442 Pennsylvania Avenue, SE – Jemal’s KFC, LLC – Variance from off-street parking requirements and special exception from roof structure requirements to allow construction of a new four-story apartment house with ground floor retail, in the C-2-A District

· BZA # 18260, 124 15^th Street, SE – Special exception to allow the location of accessory parking spaces other than on the same lot as the principal use in the C-2-A and R-4 District

· Z.C. # 03-12G/03-13G (Capper Carrollsburg Venture, LLC & DCHA – 2-Year PUD Time Extension @ Squares 769 & 882)

ABC – Substantial Change to License

· Zest Bistro, ABRA-082432, 735 8^th Street, SE – Proposal to open 1 hour early on Saturday and Sunday.

Transportation Committee

· CHAW’s Animal Alphabet Art Project, for funding in the amount of $114,479 under Performance Based Parking program

6. ANC Redistricting Resolution

Commissioner Metzger moved (with a second from Commissioner Pate) that the Commission send a response to the Ward Six Redistricting Task Force concerning proposed ANC (Advisory Neighborhood Commission) and SMD (Single Member District) boundaries. Commissioner Garrison moved (with a second from Commissioner Green) that a paragraph recommending Near Southeast be drawn within the 6B boundary be struck. The motion passed 7-2 (Commissioners Flahaven and Frishberg voted no). Commissioner Pate offered an accepted friendly amendment to change “SMD 6B boundaries” to “status quo” proposal for Commission and SMD boundaries.” Commissioner Flahaven offered a friendly amendment to change “accept” to “strongly supports” in the second paragraph. Commissioner Pate moved (with a second from Commissioner Flahaven) to add language clarifying an option for combining all of H Street into one ANC. The motion failed 6-3 (Commissioners Campbell, Critchfield, Garrison, Green, Metzger and Oldenburg voted no). Commissioner Oldenburg moved (with a second from Commissioner Garrison) to change the Eastern Market Metro Plaza governance statement from “should have one commissioner” to “should be shared among abutting SMDs.” The motion failed 2-7 (Commissioners Campbell, Critchfield, Green, Flahaven, Frishberg, Metzger and Pate voted no). Commissioner Critchfield moved (with a second from Commissioner Green) to remove the paragraph beginning with “should the taskforce” which references refiguring ANC 6A. The motion passed 5-4 (Commissioners Flahaven, Frishberg, Garrison and Pate voted no). Commissioner Garrison offered an accepted friendly amendment that the Chair is able to work on the format of the letter prior to transmittal. Commissioner Pate supported Kathleen Frydl’s suggestion that the document should not be titled “ANC 6B Views” since it had not been available for constituent comments prior to the meeting. The friendly amendment to title the document “ANC 6B Commission Views on SMD Redistricting” was accepted. The Commission approved sending the letter to the Ward Six Redistricting Task Force by a vote of 8-1 (Commissioner Oldenburg voted no).

7. ABC Committee

Boxcar, ABRA-087549, 224 7^th Street, SE, - Classic American Bistro with recorded music. Seating capacity is 75. No live entertainment. Sidewalk café with 12 seats.

Bill Pate said he prefers some employees spend time in the alley as a preventative crime effort. Andy Petrow said he does not support the hours indicated in the VA (Voluntary Agreement). The Commission voted to support the license by a vote of 9-0.

Zest, Sidewalk Café Limitation Waiver

Commissioner Metzger moved (with a second from Commissioner Pate) that Zest be granted a waiver on the limitation of their 24-seat sidewalk café for the Barracks Row Fall Festival on September 24 between 11 a.m. and 5 p.m. The motion was approved by a vote of 9-0.

8. Planning and Zoning Committee

BZA # 18260, 124 15^th Street, SE – Special exception to allow the location of accessory parking spaces other than on the same lot as the principal use in the C-2-A and R-4 District.

Janice Gordon of CAG (Community Action Group) said the MOU with the community is ready to be signed by neighborhood representative Commissioner Glick. Commissioners multiple times reiterated that the MOU with the community was unrelated to the special exception request.

Lisa Boss said the current plan necessitated CAG vehicles crossing her condo association property. CAG architect Todd Ray clarified that city maps and documents are in conflict and that Ms. Boss’ claim is correct. The parking lot plan will change from cars entering parking spots from the south to the north. Neighbors speaking against the special exception, and requesting that the issue be tabled until the October meeting, include Jason Nelson, Adrian Sedgwick, Richard Rubin, Dallas Adler, Tracy Stockton, Chris Patch, Larry Donnovan, David Hill and Jeff Boyd. Commissioners Oldenburg and Campbell offered to work with community members to get the MOU finalized and signed with CAG during Commissioner Glick’s absence due to a medical condition. Commissioner Metzger moved (with a second from Commissioner Oldenburg) that the request be tabled until the October meeting. The motion failed 4-5 (Commissioners Campbell, Critchfield, Frishberg, Green and Pate voted no).

The motion to approve the special exception request passed 9-0 with the understanding that the architect’s plan will reflect entering parking spaces from the north and that CAG will sign the MOU with the neighbors.

ZC # 11-16, Text Amendment – to § 721.3 (k) of Zoning Regulation to exempt firearms retail sales establishments located in District Law Enforcement or licensing agencies from complying with the radius limitations of that provision.

Commissioner Campbell moved (with a second from Commissioner Green) that a letter be sent proposing a change in the language removing “licensing agencies” so that only MPD (Metropolitan Police Department) stations and offices could sell firearms. The motion passed 8-1 (Commissioner Frishberg voted no).

9. Committees and Task Force Nominations

Commissioner Frishberg moved (with a second from Commissioner Green) that the names of constituents submitted by Commissioners for service as Resident Members on Committees and Task Forces be approved. By friendly amendment Commissioner Green added Marty Goff’s name to the Transportation Committee and Commissioner Campbell added Brynn Barnett’s name to the Planning and Zoning Committee list. Commissioner Garrison said he strongly objects to the process concerning Resident Members as had seen biographical statements on only eight of the nominees. The motion to approve the nominees passed 8-0-1 (Commissioner Garrison abstained).

10. Transportation Committee Report

Commissioner Oldenburg talked about the July and August meetings. Landscaping on Eastern Market Metro Plaza was discussed at the August meeting. Celebrate DC is seeking funding for the landscaping and intends to seek community input at future meetings. Commissioner Frishberg moved (with a second from Commissioner Garrison) that the Commission reiterate its conceptual support for the landscaping Performance Parking Plan funding in the $100,000.00 range and seek further engagement in the project.

11. Outreach and Constituent Services Task Force Report

Commissioner Pate agreed to table until the October meeting discussion themes and talking points for office calls with Councilmembers and designating spokespersons.

12. Capitol Hill East Task Force Report

Commissioner Flahaven discussed the July meeting and announced the September meeting which will focus on the future of the Eastern Branch Boys and Girls Club.

13. Eastern Market Report

Commissioner Pate announced the Eastern Market legislation will be ready for review on September 15. On September 21 at 6:30 p.m. in North Hall will be a meeting to discuss the legislation. The Commission will also hold a special call meeting about the legislation.

14. 2012 Financial Budget

Commissioner Green moved (with a second from Commissioner Garrison) that the budget be approved. The motion passed 8-0 (Commissioner Oldenburg departed earlier).

15. Adjournment

The meeting adjourned at 10:02 p.m.

Attest: Andrew Jared Critchfield Date:

Secretary

Attachments:

Agenda, as adopted

2012 Financial Budget

Meeting Agenda

St. Coletta of Greater Washington

1901 Independence Avenue, SE

(Near the National Guard Armory)

September 13, 2011 – 7:00 PM

Agenda

1. Adoption of Agenda

2. Community Speakout

3. Community and Commission Announcements

4. Presentations – 4 minutes maximum time each

· Statehood Collaboration Opportunity – Johnny Barnes, Executive Director, ACLU-NCA

5. Consent Agenda

Planning & Zoning Cases

· HPA # 11-475, 329 Pennsylvania Avenue, SE – Hawk-N-Dove – Storefront modifications and the insertion of a couple of windows on the front façade

· BZA # 18260, 124 15^th Street, SE – Special exception to allow the location of accessory parking spaces other than on the same lot as the principal use in the C-2-A and R-4 District

· Z.C. # 03-12L/03-13L (Capper Carrollsburg Venture, LLC & DCHA – 2-Year PUD Time Extension @ Squares 769 & 882)

ABC – Substantial Change to License

· Zest Bistro, ABRA-082432, 735 8^th Street, SE – Proposal to open 1 hour early on Saturday and Sunday.

Transportation Committee

· CHAW’s Animal Alphabet Art Project, for funding under Performance Based Parking program

6. ANC Redistricting Resolution

7. ABC Committee

(These items will also be considered by the ABC Committee on September 8, 2011 at the Southeast Neighborhood Library at 403 7^th Street, SE. Please use the first floor entrance on D Street, SE, across the street from the back of the CVS Store.)

New License

· Boxcar, ABRA-087549, 224 7^th Street, SE, - Classic American Bistro with recorded music. Seating capacity is 75. No live entertainment. Sidewalk café with 12 seats.

· Zest, Sidewalk Café Limitation Waiver

8. Planning and Zoning Committee

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

· BZA # 18258, 1442 Pennsylvania Avenue, SE – Jemal’s KFC, LLC – Variance from off-street parking requirements and special exception from roof structure requirements to allow construction of a new four-story apartment house with ground floor retail, in the C-2-A District

· ZC # 11-16, Text Amendment – to § 721.3 (k) of Zoning Regulation to exempt firearms retail sales establishments located in District Law Enforcement or licensing agencies from complying with the radius limitations of that provision

9. Committees and Taskforces Nominations

Committees

Planning and Zoning Transportation
Michael Steinman 6B06 John Manley 6B04

Ryan Benjamin 6B03 Keith Smith 6B09

Stephen Merrill 6B04 Jim Rowland 6B05

Ksenia Kaladiouk 6B09

Susan Eads Role 6B05

Taskforces

Capitol Hill East Outreach and Constituents Services
Nicholas Burger 6B06 Ruth Mitchell 6B04
Jack Calhoun 6B06 Anne Seymour 6B04

Kate Wall 6B09 Darren Cole 6B09

Evan McCarthy 6B09
Martha Huizenga 6B05

Jason Nelson 6B06

Tony McGovern 6B03

10. Transportation Committee Report

· Project proposals for funding under Performance Based Parking program

1. Celebrate DC's Eastern Market Metro Landscaping Project

11. Outreach & Constituent Services Taskforce Report

· Discussion Themes & Talking Points

· Designation of Spokes Person

12. Capitol Hill East Taskforce Report

13. Eastern Market Report

14. 2012 Financial Budget

15. Adjournment

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

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

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

Next Meeting: October 11, 2011

ANC 6B FY2012 BUDGET
RECEIPTS:
District Allotment	$ 26,360
Interest	20
Other (e.g. cancel stale checks)
Transfer from Savings
Total Receipts	$ 26,380
Balance Forward	$ 48,400
Total Funds Available	$ 74,780
DISBURSEMENTS:
1. Net Salary and Wages	17,000.00
2. Workers Compensation
3. Insurance:
A. Health
B. Casualty/Property
4. Total Federal Wages Taxes	5,600.00
5. State (DC, MD, VA) Wage Taxes Paid	875.00
6. Unemployment Insurance Contributions	200.00
7. Tax Penalties Paid	100.00
8. Local Transportation
9. Office Rent	12,000.00
10. Telephone Services	1,200.00
a. Landline Telephone
b. Cellular Telephone
c. Cable/Internet Services
11. Postage and Delivery	250.00
12. Utilities
13. Printing and Copying	100.00
14. Flyer Distribution
15. Purchase of Service	600.00
16. Office Supplies	2,000.00
17. Office Equipment: A. Rental
B. Purchase
18. Grants
19. Training
20. Petty Cash Reimbursement
21. Transfer(s) to Savings Account
22. Bank Charges
23. WebHosting	175.00
24. Other
ANC Security Fund	25.00
Hill Rag Advertising	275.00
Meeting space rental	1,200.00
Total Disbursements	$ 41,600.00
ENDING BALANCE	$ 33,180.00
Certification:
I hereby certify that this FY 2011 Interim Budget was approved by a majority of Commissioners
during a public meeting held at which there existed a quorum. Vote: Date:
__________________________________________________________________
Secretary Chairperson	Treasurer