Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

April 11, 2006

Commissioners Present: Julie Olson, Will Hill, Antonette Russell, Francis Campbell, Scott Cernich, Ken Jarboe, and Executive Director, Bert Randolph, Commissioner Francis Campbell arrived after start of meeting

Commissioners Absent: Neil Glick, Mary Wright, and Sandra Brown-Thomas

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

There was a quorum for conducting business.

Adoption of Agenda

The Chair asked if there were any changes to the agenda. Commissioner Jarboe stated that there are two changes concerning the Treasurer. One is the Quarterly Report and the other is the request for funds to purchase two A/C units. Commissioner Olson wanted to add the approval of the March 2006 Minutes. The Chair stated he wanted to add the approval of the Special Election Procedures to fill the vacancy in SMD 6B01. Commissioner Jarboe also added that the Commission received an e-mail stating that 221, 223, 225 11^th Street will not be going before HPRB this month, thus they need to be removed from the agenda. The Chair then moved to adopt the changes to the agenda. The motion was seconded by Commissioner Russell. There were no objections and the agenda was adopted as amended.

Community Speakout

Mr. Bryan Cassidy, who lives at 748 13^th Street, SE, addressed the Commission regarding illegal construction activities at 724, 740, and 742 13^th Street, SE. He provided the Commissioners with a packet of information that included photographs of some of the construction that is taking place at 740 and 742 13^th Street, SE. He read the following to the Commissioners and community:

“My name is Bryan Cassidy, I am an architect and have lived on Capitol Hill for over 40 years and I have never come across a more brazen affront to the Permit Process, in a residential area. There are three (3) projects using so-called “Design Firms” at 724, 740, and 742 13^th Street, SE, just off Penn. Ave., all without required permits for conversion from single units to 2 unit buildings. Specifically none of the projects have required permits for excavation, in order to achieve headroom. The most advanced project is at 740 13^th Street, SE, and is an example of studied, calculated permit evasion, specifically designed to deceive all but the most attentive inspector. On December 16^th, 05, a permit was granted to “reinforce the footings of the porch, existing columns to remain.” In the field this translated into excavating for the entire length of the building. Also to extending the porch 10 feet; for which a subsequent permit was granted, (provided the existing window treatment was repeated.) Instead a fully bricked 2-story addition was built the full width of the lot to accommodate a second unit not covered by the permit process.

Further and most disturbing of all, 2 window openings are installed overlooking the neighbors property on BOTH sides, never consulting them. Such a flagrant and calculated breach of the permit process, immediately reduces the value of the neighboring houses, most recently assessed at $ ½ million or more.

A Stop Work Order was issued on March 10^th, but installation of the roof joists was observed on March 7^th and 18^th, in defiance of this S.T.O. We are asking that the ANC promptly oppose construction of this project and to insist on its demolition.

The accompanying flyers signed by several concerned neighbors shows a photograph of the roof joist installed on March 18^th, in violation of the Stop Work Order.

This matter must be addressed immediately, since I have been physically threatened by the owner of #742, who have been assessed fines amounting to $10K.”

Mr. Cassidy stated that he has learned that the fine was reduced to $6K. He also introduced Kimberley Johnson from DCRA, who he is working with in an attempt to address this issue. He stated that he made his presentation to the Planning and Zoning Committee last week and hopes the ANC will help address this issue.

The Chair asked him if he received a copy of the letter that was sent to Dr. Canavan the Director of DCRA. He responded that he had not. The Executive Director stated that he had e-mailed to copy to him at the e-mail address he had provided. A copy was provided to him. The Chair went on to stated that on April 6^th the ANC sent a letter to Dr. Canavan asking for his attention to this matter.

Commissioner Olson asked if the Commission had received any response back from Dr. Canavan or Eric Roger the DCRA’s ANC liaison. The response was no as of yet.

Mr. Cassidy further stated that the owner has now built a 6 ft. high stockade fence on public property right in front of his building and he showed a photograph of the fence. He then asked if Ms. Johnson could have a few minutes to speak with the group, which the Chair granted.

Ms. Johnson, Customer Service Advocate for DCRA, stated that she was pleased to be present and promised to get back to the Commission with a response to the April 6^th letter sent to Dr. Canavan. She also stated that it was correct that the construction was fined originally 10K dollars and it has been reduced to 6K dollars. The owner has been instructed on the problems on his problem. She went on to say there should not be any work being performed on a property that has a Stop Work Order. She asked everyone to notify DCRA (311) if they see anyone in violation of a S.W.O., and they will make an arrest of the violator, even if it is the homeowner.

She stated that at 724 has excavation permits, but she was going to make sure they had the proper permits. She also stated that 740 has a Stop Work Order and there should not be any work taking place on any property that has a Stop Work Order on it. Ms. Johnson encouraged everyone that if they see anyone violating a Stop Work Order to contact her at 202.645.8256

Commissioner Jarboe stated that the letter that was sent to Dr. Canavan was only about the first three properties and wanted to know if he thought the Commission should send a follow letter on the other three as well. Mr. Cassidy responded that that would be excellent and it should also mention the 6 foot Stockade Fence on public space.

Mr. Giuseppe Nespoli stood and stated that the Commission should have received an e-mail today regarding the Alumni of Pepperdine University desire to host a picnic at Garfield Park located on 3^rd and G Streets, SE on Sunday, April 30^th, between 1:00-3:00pm. They anticipate a group of no more than 50 people. Set-up will be from 11:00-1:00 with scheduled clean-up from 3:00-4:00. Their plans include grilling lunch and reconnecting or meeting with alumni in the DC area. They will NOT be having amplified music at this picnic. Guests are encouraged to bring Frisbees and/or other sporting equipment. He also stated that they understand and will abide by the DC laws for state parks. He further stated that they have obtained a permit from the DC Parks, permit request #9002509.

Finally, he stated the contact people for this event are Robin Jones (robin.jones@gmail.com, 202-326-6211 – ofc., 615-512-7654 – cell) and himself (Giuseppe.Nespoli@alumni.pepperdine.edu, 760-880-5665 – cell).

Commissioner Olson said this issue is almost in her SMD because it is across the street from where she lives. She then moved that the Commission approve the request to have a picnic at Garfield Park as long as there was a thorough cleanup of the grounds afterwards. Additionally, she suggested that they consider placing flyers in the neighborhood immediately adjacent to the park approximately a week before the event to them aware of it. The motion was seconded by Commissioner Jarboe.

The Chair asked all in favor of the motion to raise their hands. The vote was unanimous (5-0).

Kati Sabin, who represents Pepco to the ANC 6B community, stated that this month, because of Earth Day, Pepco is co-sponsoring three (3) Anacostia River Cleanup events. The first one will be this Thursday, which is being co-sponsored by Capitol River Relief. The next two will be Saturday the 22^nd and Saturday the 29^th and are co-sponsored by the Anacostia Watershed Society.

Mr. Alonzo Davis, who lives at 746 13^th Street, SE, stood and stated that one Saturday morning while work was been done at 740 13^th Street his fence was damaged. He did get information from the individual who represented himself as being the owner, but he cannot get him to return his calls to make arrangements for him to make repairs to his fence. He wanted to know if this was the correct forum for him to get assistance in resolving this issue.

The Chair informed him he should be speaking with the people from DCRA. Commissioner Jarboe suggested that he speak with Kimberley Johnson, who represents DCRA and who was just introduced by Mr. Cassidy. She had stepped into the hall to speak with Mr. Cassidy.

Ms. Cynthia Davis who residents at Potomac Gardens, stated that she has been having difficulty sleeping because periodically there is a bell that rings constantly where she lives. She is not sure what the bell is for, but she believes it may be a fire alarm bell or something of that sort. The have police who patrol the area, but no one seems to be able to shut it off. She was therefore requesting the Commission’s assistance in seeking some type of relief from the false fire alarms during the night.

Commissioner Cernich, who lives across the street from Potomac Gardens, stated that he too can hear the bell and he’s of the same opinion that it is a fire alarm bell that is ringing. He asked her is she had spoken with the Housing Authority Police. She responded that she had called a couple of time and sometimes they will turn it off and others they will not.

Commissioner Olson asked if she thought it was someone in the complex who is pulling the alarm for fun.

The Chair informed her that the Commission would send a letter to the Housing Authority requesting that they look into this matter.

Community and Commission Announcements

Someone from the community announced that the City will be holding an Emancipation Day Parade on Monday, April 17^th and will be starting at 11:00 am.

Commissioner Jarboe stated that Department of Public Works has sent out a flyer saying that the next Household Hazardous Waste Collection Day will be Saturday, April 22^nd at the Carter Barron Amphitheater (16^th & Kennedy Street, NW), from 9:00 am to 3:00 pm.

The Office of The Clean City is trying to recruit citizens to work on the Adopt-A-Block program during the GreenDC Week of April 17^th – 23^rd. He stated that if anyone wanted additional information they could go to www.cleancity.dc.gov.

Presentations

Mayor’s Office FY’07 City Budget – Kevin ?????, Mayor’s Advisor on Public Finance

The presenter stated that the District’s economy continues to be strong, with solid revenue growth and continued excellent fiscal performance. He stated that this year, rather than initiate a slate of new programs, the Mayor’s budget is designed to fulfilling commitments to DC residents. Those commitments consist of fiscal discipline, promised tax cuts and to finishing the programs started last year.

He stated the limited number of new programs that are contained in this budget are in the areas of: affordable housing, education, libraries, health care, public safety, youth development and the arts. Using several handouts, he reviewed the areas and other areas included in the budget such as final phase of tax parity, new communities, great streets, and way to work.

Commissioner Jarboe asked if the $6 million for the Great Streets that includes Pennsylvania Avenue is just the other side of the Anacostia River at this point and his responded that that was correct. Commissioner Jarboe then asked what was the intended use of the $15 million for the National Capitol Medical Center that is in this year’s budget. The response was that it is for site preparation and infrastructure. Commissioner Jarboe further commented that regardless of what is put at that location, these funds will have to be expended. Again, the response was yes. He then asked if there was a decision yet as to where the Consolidated Laboratory would be located and the speaker stated that there has not been a final decision made yet. Commissioner Jarboe then asked if he could definitively say that Reservation 13 had been ruled out and the speaker stated that he could not say that was the case. Commissioner Jarboe then asked if he would get back to him whether that is the case or not and the committed that he would do so. Commissioner Jarboe asked if there was any new money in the budget for the Old Naval Hospital Building. The response was no, there is not. However, the representatives from the Office of Property Management were present and stated that there is $6 million of city money already in the budget for the Old Naval Hospital.

A member of the community stated that she had heard of number of stories about Potomac Gardens Housing Project and she wanted to know if there was any improvement planned for that area. The speaker responded that he did not know the answer, but would check and get back to the Commission with an answer, which is located in Commissioner Cernich’s SMD.

Someone from the community asked if the Commission was aware of any plans for Potomac Gardens. Commissioner Cernich stated that it is in his SMD and there was money last year in the budget for plans for the City to team with a private developer to redo Potomac Gardens. It was his understanding that the plans called for keeping the same number of affordable units, but adding market rate units and adding retail, but he has not heard anything yet regarding its current status.

A member of the community asked if there were any specific plans for the building (Old Naval Hospital). Commissioner Jarboe stated that there are no current plans for this building, but there are several groups trying to pull something together regarding the use of the building, but nothing is definite.

Another member of the community stated that since there is $6 million in the budget for the building and another $2 million coming from the Federal Government, he wanted to know if there are plans for utilizing those funds and who will be doing the spending of those funds.

Commissioner Jarboe suggested that maybe the representatives from Office of Property Management (Aimee Occhetti and Peter Mann) would be able to answer that question.

Peter Mann with the Office of Property Management stood and stated that because there is some uncertainty about the use of the building they can not race ahead making design and renovation plans for the interior, but in the meantime they are trying to move ahead with exterior renovation work. So they will be able to address the windows, fence and things like that that would not be affected by what ever the eventual use of the build will be. He went on to state that working on this building is a fairly complicated effort because different uses will require different types of construction on the interior and until they figure out some of those things, they can not move ahead.

Mr. Mann was then asked what type of usage are they planning for the building. He responded that they have focused on some form of civic center.

Commissioner Jarboe stated that several years ago a study was done to determine how the building should be used and it was determined that is should be considered a “Historic Building” and should be a focal point of community activities, not a commercial and private resident.

Commissioner Olson then asked the OPM representatives what could be done in light of the current construction in and on the building in regards to keeping the interior of the building clean, specifically the bathrooms, office and meeting rooms. She asked if OPM could have their contractors do some type of regular cleanup of the interior of the building on an on-going basis.

Mr. Mann stated that he was not aware that there was an issue in that area, but he would look into it.

Planning and Zoning Committee

The Chair turned the meeting over to Commissioner Campbell who is the chair of the P&Z Committee for his report.

Commissioner Campbell presented the Committee Report:

HPA #06-179, 225 7^th Street., S.E. – Eastern Market Rehab

Presenters: Tina Roach of Quinn Evans Architect Presenting and Aimee Occhetti, DC Office of Property Management

The applicant presented in March to both the P& Z Committee and the full ANC their comprehensive rehab plans for exterior doors and windows, replacing plastic with glass revisions of skylights on 7^th Street and alley side of building, installation of ADA required access ramps to building. ADA compliant restrooms installed in the First floor South Hall, placement of exterior stairway to the second (2^nd) floor Hall instillation of forced air heating and cooling system and replacement of interior lighting fixtures more in keeping with historical aspects.

At this meeting the applicant presented their revised plans showing the following changes.

1.) Sky lights proposed on the east and west side of the roof now shows

them as only being proposed for the west (alley/backside) side roofline.

2.) No ADA compliant entrance exists. Proposed two (2) exterior ramps at

the front of the South Hall at either end of the building and one (1) at the North hall entrance by regrading the side walk entrance.

3.) Introduction of a force heat and cooling system with duct work against

the exterior walls as the most efficient design.

4.) Closed area at rear of building containing trash dumpsters and HVAC

Chillers enclosed with wood and metal fencing for aesthetics.

They also showed additional changes regarding lighting, rehab of doors and windows. There was no change in the proposed rear stairway to the second floor as proposed at the March meetings. Therefore the Committee recommends this project for approval to the full ANC.

Commissioner Campbell then asked if there was anything new to be added subsequent to what was read. There was no new information from the presenters or the audience.

Commissioner Olson, seeking to better understanding the changes, asked if it was correct that the skylights would not be on the 7^th Street side. Ms. Occhetti responded that she was correct.

The Chair stated that this being a recommendation from the Committee is a motion requiring no second. He then asked all those in favor of adopting the Committee’s recommendation to please raise their hands. The vote was unanimous (6-0).

HPA # 06-229, 643 S. Carolina Ave. SE – 2 Story + basement rear to 3story Rowhouse with basement.

Presenter: Steve Lawlor, Lawlor Architects representing Jennifer Boulanger, owner.

The owner proposes to excavate the basement of a 3-story row house to add a basement room and bathroom, a first floor kitchen/dinning room and two (2) bedrooms, and (1) one bathroom on the second floor. The addition would increase the lot occupancy to 59% up from 29%. The owner has reported that plans for the proposed addition have been discussed with adjacent property owners and at this time there was no one present in opposition. The Committee recommended to the owner that they secure letters of support from the adjacent property owners and once these are provided, the Committee would recommend the support of this project to the full ANC.

Commissioner Campbell asked if Mr. Lawlor or anyone representing the property owner was present. Mr. Lawlor was present.

He stated that he had received a letter of support from the neighbor who would be most effected and the neighbor to the east, who is effected the least, is out of town today and should be returning tomorrow (Wednesday) and he anticipate getting his letter before the week is out.

Commissioner Campbell asked if he had a copy of the one letter. He responded that he did have a presented a copy to Commissioner Campbell.

Commissioner Jarboe seeking a point of clarification, asked Mr. Lawlor if he was correct that his client would be seeking zoning approval and thus would be coming back before the Commission. He responded that this was correct because he would be coming back because of the side yard issue. So the matter at hand is about the design only, so he will have time to bring the letters of support at that time.

Commissioner Olson asked if he was planning on incorporating something to facilitate plantings in the wall, and he responded that that was correct.

Commissioner Jarboe stated that he could see of looking at the letter that Mr. Lawlor had worked out the issue of removing the existing fence and the tree.

Commissioner Jarboe made the motion that the Commission supports the Committee’s recommendation to support the approval of this project. The motion was seconded by Commissioner Russell.

The Chair then asked all in favor of supporting the Committee’s recommendation to raise their hands. The vote was unanimous (6-0).

ZC Case # 06-06, Text – Charter Schools

The Office of Planning is requesting a text amendment to §§ 199.1, 206.1, 206.3, 400.10, 400.11, 401.3, 401.8, 401.9, 403.1, 501.1 (i), 601.1 (u), 770.10, 901.1 (v), and 2101.1 of Title 11 of the DC Municipal Regulations, to change the definition of public schools to include Charter Schools, amend the lot area, lot width, FAR, lot occupancy permitted for public schools in Residential Zones, allow collocation of school uses with other uses and proposed requirements to be allowed as special exceptions, allow public schools in SP, CR, and W Zone District, and create standard for preschools.

In essence this amendment covers the uses and regulations regarding schools and school grounds and the impacts such uses would have on surrounding neighbors and neighborhoods, shared and common spaces and uses as well as size of such structures and uses. Exceptions are also noted.

Of additional concern is the requirement that “public schools may share common on-site recreation space including gymnasium, playground, and field and these shared recreation spaces may count toward the minimum lot area, but on-site office use must be ancillary and necessary to operation of the particular school. This could/may conflict with the operation of same time events taking place in each particular institution.

The Committee is most concerned about the Maximum Lot Occupancy, as noted in Section 400, 401, and 403 of the Zoning Commission’s Memorandum dated, February 3, 2006, which proposes 70% in R2, R3, and R4 zones and 75% in R5C and R5D/E. The Committee is of the opinion that the maximum lot occupancy should reflect 60% across all zones R-1-A thru R-5-D/E. Therefore the Committee recommends that the Full ANC support this amendment with the stipulations that all zones, R-1-A thru R-5-D/E, reflect the maximum lot occupancy of 60%.

Commissioner Campbell asked if there was anyone representing the case present. There was none.

Commissioner Jarboe stated that they have increased the lot occupancy in R2, 3, and 4 zones to 70% and they drop it back down to 60% in R5 A and B zone and then they raise it back up to 75% in R5 C,D and E zones. So the thinking was why are they increasing the maximum lot occupancy in R2, 3, and 4 zones decreasing it back down in a higher density R5, so it made no sense to anyone and no one could explain the purpose of such a move. Thus the Committee’s decision to have a flat 60% across the board or it would have to be a special exception otherwise.

The Chair stated that this being a recommendation from the Committee is a motion requiring no second. He then asked all those in favor of supporting the Committee’s recommendation to please raise their hands. The vote was unanimous (6-0).

Quarterly Financial Report

Commissioner Jarboe stated that all of the Commissioners had before them a copy of the Quarterly Financial Report, which includes the tax penalties that were paid the last couple of months. He stated as an update on that, the tax penalties he had hoped to get a $200.00 refund but it was turned down because even thought the Commission was not aware of the situation (owned money) and hadn’t filed for it, it doesn’t count. The meter start from the time the check is cashed and not when they notify you it was allocated. The Commission still has a couple of tax payments outstanding that he is still working on. The only other item that someone my have a questions on is the “Other” category, and that is for the Security Fund, which requires the officers to be bonded. Finally, the Commission did receive its allocation, so there are funds back into the bank.

Commissioner Olson then asked if the Commission was done with tax penalties. Commissioner Jarboe’s response was no, because there is one big tax penalty outstanding, which he is trying to resolve. Commission Olson then stated that she just want to thanks Commissioner Jarboe for being the Commission’s treasurer.

The Chair made the motion to adopt the Quarterly Financial Report and it was seconded by Commissioner Campbell. He then asked all in favor to raise their hands. The vote was unanimous (6-0).

Request for Funds

Executive Director, Randolph stated that originally the plan was to remove and replace three (3) air conditioning units, but now the plan is to replace the A/C unit in the main office and one of the big units in the main meeting room. He stated that the renovation company has agreed to perform the physical labor in removing and replacing the units at no cost, providing no special construction is required. The cost for the unit in the main room will be $319.00 for a 15,000 BTU unit and $159.00 for an 8,000 BTU unit, excluding taxes, which the ANC should not have to pay. He went on to say that funds are already in the budget to cover the cost of the units.

Commissioner Campbell asked if the plan was not to replace the 3 units. Mr. Randolph responded that that was the original plan, but by putting a smaller unit in the main office and a larger unit in the main room, he wanted to see if the larger unit would be sufficient to cool the main room, if not, an additional unit can be purchased at a later date.

Commissioner Jarboe stated that he was not sure if a motion was needed to authorize the purchase, but he made the motion to authorize the purchase of the two (2) new A/C units. Commissioner Olson seconded the motion.

The Chair asked all in favor to raise their hands. The vote was unanimous (6-0).

Minute Approval

Commissioner Olson presented the March minutes to the Commissioners for approval. However, she stated that there were two (2) items she had questions/comments on. The first was for Mr. Randolph misspelling Commissioner Russell’s first name. Secondly, she wanted to know who was present at the March meeting, in reference to page 8 regarding 525 5^th Street, SE, concept 2-story rear addition and where this case currently stands. According to the minutes Commissioner Jarboe asked where they were at the present time in regards the process to obtain permits and if they had any. The architect responded that they only had permits for the conceptual portion. Commissioner Olson wanted to know exactly what this means, do they have permits or not. If they are still in conceptual review they will not have permits yet.

Commissioners Jarboe and Campbell stated and agreed that they do not have permits yet and that they are on in the conceptual review process at this time. To which, Commissioner Olson stated that that point needs to be clarified in the minutes to say “She responded that they are in conceptual review” and remove the words “they only had permits for conceptual”.

Commissioner Jarboe wanted to make one correction under the Treasurer’s Report and that was on page 12, the last sentence of the first paragraph, “they made a motion to authorize payment of $311 for penalty and interest for tax period ending March 31^st and $4.02” it should be added “for the tax period ending June 30, 2003”.

There were no other changes or additions, other than the required corrections of typos.

Commissioner Olson made to the motion to approve the March 14, 2006 minutes with the addition of the two noted changes and typo corrections. Commissioner Russell seconded the motion.

The Chair asked all in favor of supporting the motion to raise their hands. The vote was unanimous (6-0).

6B01 Election Procedures

The Chair stated that most, if not everyone, are aware that Commissioner Sheldon has resigned his position as a ANC Commissioner for SMD 6B01, therefore the Commission will be holding a special election to fill that seat. He went on to say that he had a draft of election procedures and a few blanks that he has filled in. He then read the procedures with his insertions with the invitation of for the other Commissioners to add any comments they saw fit and if everyone agreed they were pretty straightforward, they would adopt them.

Date and Place of the Election: The election will be held during the regularly-scheduled monthly meeting of ANC 6B on May 9, 2006. The meeting will be held at 921 Pennsylvania Avenue, SE, Washington, DC, 20003.

Eligibility to Vote: The election will be open to registered voters of SMD 6B01 only. Potential voters must present themselves at the polling place and must have either a voter identification card showing that they are registered to vote in SMD 6B01 or be listed as a voter in SMD 6B01 on the voter registration list provided by the Board of Elections and Ethics (BOEE). There will be no absentee ballots.

The Candidates: The order* of the names on the ballot will be decided by a drawing on April 25, 2006, at the Executive Committee Meeting, here at the Old Naval Hospital at 7:00 p.m.. On the day of the election, each candidate will be given a station outside the meeting room at which they or their representatives will be able to greet voters and answer questions. No electioneering will be permitted inside the meeting room. Prior to the casting of ballots, each candidate will have 3 minutes to address the meeting. Ballots may only be cast for candidates certified by the BOEE; in accordance with the ANC law there will be no write-ins.

Eligibility of Voters: As voters enter the meeting room, they will be checked to determine whether their name is on the BOEE voter registration list or whether they have a voter identification card indicating they are registered in SMD 6B01. If their name is on the list, they will enter their signature on the list opposite their name. Those whose names are not on the list but who have a voter identification card will enter their names, addresses, and signatures on a separate sheet. A person without a voter identification card shall be asked to show some form of identification with the name and address matching that on the voter registration list (e.g., driver’s license, passport, utility bill, bank statement, paycheck or pay stub, apartment lease, etc.).

Voting: Casting of ballots, supplied by the ANC, will commence 20 minutes after the meeting is scheduled to begin after the start of the meeting at 7:00 pm. A ballot box will be placed in the adjoining meeting room where it can be observed by all present at the meeting. The candidates or their representatives will check the ballot box before voting begins to assure that it is empty. Each candidate will be permitted one observer (the candidate or a designee of the candidate) to observe the voting process, but the observer will not be permitted to interrupt or interfere with the voting, and will not be permitted to communicate directly or indirectly with any voter. All ballots must be placed in the ballot box or returned to the election manager, who will make note of the returned ballot and the reasons for it. The election manager will have authority to replace spoiled ballots. The Chairperson shall appoint the election manager. Voting will continue until the polls close [at least 30 minutes before the scheduled end of the meeting] at 8:00 pm. Anyone still in line waiting to register at 8:00 pm will be allowed to vote if otherwise qualified.

Counting the Votes: The ballot box will remain closed until the polls have closed. After the voting ends, the ballot box will be opened, and the votes will be counted by at least two impartial vote counters. The candidates or their representatives may observe the counting of the votes. The results will then be submitted to and read aloud by the Chairperson of the ANC. The election manager will report to the Commission any unresolved issues not addressed by these rules. The Commission will take action to resolve these issues before the end of the meeting. In the event of a tie vote, the candidates or their proxies will cast lots to determine the winner. In the event of any incident or occurrence that threatens the conduct or fairness of the election or the vote count, the election manager will be authorized to suspend the balloting or counting

Filling the Vacancy: Following the results of the election, the ANC will vote on a resolution stating the name of the winner and asking the Board of Elections to declare the vacancy filled.

Commissioner Jarboe asked if it was the intention of the Chair to appoint Gottlieb Simon as the Election Manager. Executive Director Randolph stated that Mr. Simon had offered his service as well as his assistance to conduct the election. The Chair stated that he thought that would be excellent.

The Chair then asked if the Commission needs to adopt procedures for casting lots. Commissioner Olson asked if the two impartial vote counters would be Mr. Simon and his assistant. He responded that he thought the Commission would need to have to two different people. She asked if it needed be two ANC Commissioners and he responded he would prefer asking two people from audience (community) who are not members of 6B01 to count the votes for the Commission.

Commissioner Russell asked if the votes will be counted during the ANC Full meeting. Commissioner Jarboe stated that the Commission must announce and pass a resolution appointing that person to the seat by the end of the meeting.

Commissioner Jarboe made the motion that the Commission adopts the Special Election Procedures. The motion was seconded by Commissioner Olson.

The chair then asked all in favor of adopting the Special Election Procedures to raise their hands. The vote was unanimous (6-0).

The Chair then stated that since Commissioner Sheldon resigned and as he was the ANC’s representative to the Eastern Market Community Advisory Committee, he has asked Commissioner Olson to take over that responsibility and she has graciously accepted.

Committee reports and announcements

None

Adjournment

There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of May 9, 2006. The motion was seconded by Commissioner Olson, and the vote was 6 to 0.

Meeting Adjourned.

Prepared by Bert Randolph

Attested: