Advisory

Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

December 13, 2005

Commissioners Present: Will Hill, Antonette Russell, Neil Glick, Scott Cernich, Julie Olson , Ken Jarboe, Mary Wright, and Executive Director, Bert Randolph. Arrived after the start of meeting: Sandra Brown Thomas.

Commissioners Absent: Francis Campbell, and David Sheldon

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 needing to be made to the agenda. Commissioner Jarboe stated that he would like to add an item under seven (7) on the agenda Financial Update and Authorization of Additional Tax Payment. Commissioner Russell stated under Planning and Zoning she would like to remove HPA #05-232, 658-660 Independence Avenue, SE from the agenda and will be placed on next month’s agenda. The Chair stated that HPA #05-525 would also be removed and moved to next month’s agenda due to the illness of the applicant.

The Chair moved that the agenda be adopted as amended. The motion was seconded by Commissioner Hill. There were no objections and the agenda was adopted as amended.

Community Speakout

Anita Amero with Howard University’s Center for Urban Progress made a presentation on their program to help with controlling exposure to lead-based paint hazards that occur during painting, repairs and remodeling projects. The will be conducting workshops to learn some practical methods for identifying and reducing these hazards which will be held on January 11, 2006, from 10:00 a.m. to 2:00 p.m. at 1840 7^th Street, NW, Rm. 120 and all are invited to attend.

Community and Commission Announcements

Commissioner Jarboe announced that tomorrow (December 14^th) DDOT will be holding a meeting on the redevelopment of the 11^th Street Bridges. The meeting will be held at the John Tyler Elementary School which is located at 1001 G. Street, SE, and will be from 6:30 pm to 8:30 pm. He went on to say that if the community is interested in what the bridges will look like, he encouraged everyone to attend the meeting.

Presentations

Old Naval Hospital Renovation – Aimee Occhetti, Office of Property Management

Ms. Occhetti stated that she wanted to come and inform the community of the renovations that were taking place on the Old Naval Hospital Building. Currently they are working on the south side of the building where they have extended the Scope of Work to include not only the cast iron stairs, but to also include the updating of the door and windows on that side. Previously, the government had about $400,000.00 in the budget to perform certain work. Since the cost of repairs to the stairs was a little under the $400,000.00 they decided to had a few smaller items to the scope of work, which allowed for the door and window repair work. The current schedule for the completion of everything is for first week of March.

Someone in the audience asked about the previous plan for the use of the building. She stated that there were two bids, but the Mayor did not select either of them and as a result there is 6 million dollars in the budget for the Old Naval Hospital and at the current time no decision has been made as how they will proceed. She was asked if there was coordination with the Federal Government regarding the building. She stated the Federal Government put the Old Naval Hospital on a list of properties they own and list of properties for potential transfer of title to the District Government. She was then asked if she thought that would happen and she responded that she didn’t know, but she would try to find out and would let him know.

Commissioner Cernich stated that it was his understanding that that was still a ways off because there were two competing bills in the House and neither has made it out of Committee yet.

Ms. Occhetti provided everyone with you e-mail contact information: aimee.occhetti@dc.gov and asked anyone with additional questions to please contact her.

Gateway Garden – American the Beautiful Fund

Commissioner Olson informed the Commissioners and community that the American the Beautiful Fund donated 9,000 Daffodil and Grape Hyacinth bulbs to the ANC to plant at the Gateway into the City on this side of the City. She stated she was happy to report that she only had one bag of bulbs left and who ever in the audience raised their hand first would get them and a hand appeared immediately. She went on to say that the Commission has managed to give out all the bulbs and various individual, community groups and schools have taken to plant. She cautioned everyone that the bulbs need to be planted before the ground freezes solid for proper growth. About 300 bulbs went to Capitol Hill BID to be placed around the Eastern Market Metro Plaza and down 8^th Street and we have some volunteers to plants up and down parts of Pennsylvania Avenue in the tree boxes and several schools have also taken bulbs to plant. Commissioner Olson then thanked everyone for coming to get the bulbs and for their efforts in making sure they were planted and if they had any questions regarding the planting to give her a call at 544-7247. She informed everyone that the bulbs should flower in early spring of next year and they will come back each year.

Planning and Zoning Committee

The Chair turned the meeting over to Commissioner Russell, Vice-Chair of the Planning and Zoning Committee. Commissioner Russell read the Committee Report:

P.S. #16143, 1230 Pennsylvania Avenue, SE.

John Begert and Carlos Bonner, representing JPI, are seeking an application to occupy public space for the purpose of constructing one new driveway and to close the existing curb cut at 1230 Pennsylvania Avenue, SE. The new curb cut will be 16 feet in length to allow for the egress of two vehicles. The committee recommends this to the full ANC for approval.

Commissioner Russell asked if there was any additional information regarding this case. Mr. John Begert rose and stated there was none.

The Chair then stated that the case comes before the Commission as a recommendation from the Committee in the form of a motion requiring no second. He then asked all in favor of adopting the Committee’s recommendation to raise their hands. The vote was unanimous 7-0.

HPA # 06-XXX, 1006-1010 7^th Street, SE.

Jim Zelloe, Architect, representing Hamid Moumni, property owner. Property owner seeks to combine three lots where he would construct a four-story building with offices on the 1st floor and nine apartments on the 3 residential floors above. The structure will be 45 feet in height with underground parking which will provide 11 spaces. The parking spaces exceed the zoning-parking requirement. The structure will be 15 feet higher than its neighboring buildings but within the height restriction where it zoned.

As this is a historic preservation case involving a conceptual design, the matter at hand involves determining whether or not the building reflects an architecturally appropriate design that reflects the historic fabric of the community and does not create an insensitive change incompatible with existing architecture.

The committee recommends a change to the facade of the building because it borders on contemporary and post-modern. In order to protect the character of the neighborhood, the committee recommends the architect explore other facade design concepts as they relate to the Capital Hill historic district.

Commissioner Russell asked if there was any new information regarding this case. Mr. Zelloe stated that they are working on incorporating the suggestions of the Committee into their plans.

Commissioner Jarboe asked if his understanding was correct that they would not be going before the HPRB this month, but would be doing so next month. Mr. Zelloe stated that was correct. So they will come back before the Commission in January to review their plans.

HPA #06-065, 514 A Street, SE

Helen and Todd Cymrot are the owners of the home at 514 A Street, SE. The owners seek to build a twenty-four feet 2 story rear and side addition. The proposed rear addition would be 27 feet 1 inch long and 21 feet wide after they tear down the current old rear addition, which is 15 feet long. The current lot occupancy is 32% and it would increase to 53%. The owners have letters of support from their neighbors. The committee has decided that the historic integrity of the original building design will not be compromised by the proposed rear addition and recommends that the full ANC support this application.

Commissioner Russell asked if there was any new information regarding the case. Mr. Cymrot stated that was not, but she was prepared to show the other Commissioners their plans, which she did.

The Chair asked if there was any new information from the community regarding the case and there was none.

BZA #17432, 514 A Street, SE

Helen and Todd Cymrot are the owners of the home at 514 A Street, SE. They seek a special exception to the courtyard requirement. The courtyard requirement is not possible because their current four and a half feet side yard is non-conforming and this is the space that would be transformed into a courtyard. Essentially, the courtyard would be a non-conforming courtyard because it would be created from the non-conforming side yard.

A proposed two-story rear and side addition would transform their non-conforming side yard into a non-conforming courtyard. No viable solution could make the non-conforming side-yard a conforming courtyard. Furthermore, no issues of light, air or privacy of adjourning neighbors exists. The owners have letters of support from neighbors. The committee recommends that the full ANC support this application.

The Chair asked if there was any new information on the application. There was none.

The Chair asked if there was any new information regarding this application. There was none.

BZA #05-232, 658-660 Independence Avenue, SE – Subdivision and rear two-story addition

The owners of 658-660 are still in the process of determining survey results and will be changing the plans to reflect an accommodation for a new fence erected. Their case will not be heard tonight, but will be continued at a later date, possibly January.

ZC Case #03-12A & 03-13A, Capper-Carrollsburg/Venture LLC Hope VI Revitalization Project, Phase 2

The representatives of Capper-Carrollsburg/Venture LLC, Hope VI Revitalization Project, Phase 2 made a PowerPoint presentation regarding this phase of the project, which is under the control of Public Housing Department. The main focus were the preservation of the remaining town homes in the project and their desire to offer the flexibility of providing instead of two-car parking for some units, making it one-car parking. This parking flexibility would be accomplished by allowing buyers of certain units to convert the garage parking area into living (den) space. There are 130 units they are looking to utilize this Parking Flexibility Offering. They went on to say that there are 480 spaces for visitor public housing parking throughout the site.

Commissioner Jarboe expressed concerns based upon his conversation with the community regarding the relationship between the Marine Play Recreation Area and the community’s ability to have access to the area. He went on the say that the community believes it is an arrangement to keep people out of the facility. He went on to say that this was one of the concerns the Commission had been voicing all along regarding this type of arrangement and he had voiced his objection to claiming that as an amenity on the first PUD. Commissioner Jarboe stated that he was worried about the Community Center’s programming being dependent on having access to the Marine’s field. He wanted to know if there was any way the Parks and Recreation Department could oversee the use of this facility and give priority to nearby neighbors to assure the proper utilization by the Community Center and the residents in the area.

His next concern was the coordination of programming between this Community Center and the Ellen Wilson Community Center because they are approximately 3 blocks away from each other.

Commissioner Olson wanted to know what lots are they asking for a reduction in the parking area. The response was all of the low rise elementary squares, which includes 797, 798, 799, 800, 824, 825, and 825 F, that within those squares are the 130 smaller town homes they are seeking to reduce the number of parking spaces.

Commissioner Olson asked of the total number of town houses that are eligible for the parking reduction, what percentage did he think would take advantage of this offer. He responded that he thought it would be 50% or 65 town houses in total would take the option.

Commissioner Jarboe asked if the units would be convertible back at a later date. The response was that they would not, which means they would be locking in forever. He went on to say that based upon his experience these size units typically do not have two (2) cars and in some case there would be no cars due to the location of the metro, so he doesn’t see this as a problem. Additionally, he stated that they are meeting and in fact exceeding the minimum parking requirements.

Commissioner Olson stated that she understood his argument about the number of cars per unit, but she didn’t agree with it. She then asked what would happen if all of the units opted to take advantage of the option to include the extra living space and have two cars, how many extra cars would be place on the street requiring on-street parking. He responded that it would 130 additional cars. She went on to say that she is particularly concerned about squares number 797 and 798 because they are right on the other side of the freeway from her and they already have a serious parking problem on that side of the freeway. She does not want to see people who live on the south side of the freeway start parking on the north side of the freeway, which would cause real problems. She then asked if they would go through DDOT to make sure this is residential zone 6 parking. He responded that it would be in their interest to do so and they would.

Commissioner Jarboe stated that they would be upping the density (FAR), which is more of a technical adjustment, to which the response was yes.

Commissioner Olson made the motion to support the modifications to the community center excepting for the reducing of the overall parking, because this was something was promised in the beginning and she believes it needs to be dealt with. The motion was seconded by Commissioner Jarboe.

The Chair then asked all in favor of supporting Commissioner Olson motion to raise their hands. The vote was 6-0-2.

ABC Committee

The Chair turned the meeting over to Commissioner Wright to present the ABC Committee Report:

New Liquor License:

World Cuisine, LLC – 523 8^th Street, SE – Lic# 74431, Class Retail C

Rob Ramsey and John Gieseck owners of World Cuisine appeared before the Committee.

World Cuisine is operating under a stipulated license and is now applying for a full license. The trade name is World Café and features Asian and northern European cuisine. They currently serve breakfast, lunch, and brunch on the weekends—and eventually dinner. The indoor seating will accommodate 21 customers and eventually the upstairs area will be open and will hold approximately 70 customers. There will be recorded music, satellite radio, and occasional singers and acoustic groups. There will be no dancing or amplified music. They want to remain active in the community and continue to feature local artists and musicians at various events.

Hours of operation will be Monday-Saturday from 8-2 a.m. and Sunday from 10-2 a.m.

Since there were no objections by the community and World Cuisine is abiding by the voluntary agreement, the ABC committee recommends that the ANC support the new license application.

Commissioner stated that the applicants were present and asked if there was any new information.

Mr. Ramsey stated that there was not any new information.

Commissioner Olson stated that she thought they had a liquor license. Mr. Ramsey responded that they had a stipulated license, which allowed them to the serve liquor during the process period. She then asked if indeed the Commission had a Voluntary Agreement.

Commissioner Cernich stated that the Commission did not have a Voluntary Agreement, but the Commission did it in the Stipulated License with them a year ago.

Commissioner Olson then asked if they had been operating this long with a stipulated license for quite sometime. Mr. Ramsey responded that that was not the case. They just got the stipulated license on November 23^rd of this year. Commissioner Olson then asked if they were now serving dinner and his response was yes.

Commissioner Jarboe asked if the recommendation comes with a Voluntary Agreement that stipulates all of the terms that were included in the stipulated license, to which the response was yes. He then asked Mr. Ramsey if he was willing to sign the Voluntary Agreement and he responded yes, definitely.

Commissioner Olson asked if the Voluntary Agreement was already typed up and ready to go. The response was no, but it will be done in a few days. She then stated that World Cuisine was in her SMD and she had no objections.

The Chair then moved that the Commission support the license application of World Cuisine on the condition that they execute a Voluntary Agreement with the conditions outlined in the stipulated license by the Committee Report. The motion was seconded by Commissioner Olson. The Chair then asked all in favor to raise their hands. The vote was unanimous 7-0.

License Renewals:

Southeast Market – 1500 Independence Ave., SE – Lic# 60755, Class Retail B

Weisfeld Market (Capitol Supreme– 501 4^th Street, SE – Lic# 24915, Class Retail B

Yes Organic Market – 656-658 Pennsylvania Ave., SE – Lic# 71545, Class Retail B

No representatives were at the ABC Committee meeting. The ABC committee makes no recommendation to the full ANC regarding these applications, at this time.

Commissioner Wright asked if there were any representatives from any of these establishments.

The owner of Yes Organic Market rose and identified himself. He stated he did not receive his notification of the Committee meeting until Sunday, which was after the Committee met. He went on to say that he had contacted the office and informed them that he would be attending this meeting.

A person from the community stated that she was in support of renewing the license of Yes Organic Market because she was pleased with their business.

Commissioner Jarboe asked if the Commission had a Voluntary Agreement with Yes Organic Market. The answer was yes. He then asked what were the terms of the Voluntary Agreement, because he knew there were problems before that had to do with the sale of singles, at least trying to craft a voluntary agreement that was allowable under the ABC laws.

Commissioner Cernich stated that he thought the Commission had the standard Voluntary Agreement with them, but he ABC Board did not allow the Commission to have the premium singles as part of it. Commissioner Jarboe asked if that part of the agreement was thrown out by the ABC Board and the response was yes.

Commissioner Cernich made a motion that the Commission support the renewal of the liquor license for Yes Organic Market. The motion was seconded by seconded by Commissioner Wright. Commissioner Jarboe stated that traditionally the Commission usually supported if they have agreed on a ban on singles and that the medium ground is not to object.

Commissioner Cernich then restated his motion to read that the Commission not oppose the renewal of the liquor license for Yes Organic Market. This motion was seconded by Commissioner Olson. The Chair then asked all in favor of the motion to raise their hands. The vote was 6-0-1.

Commissioner Wright then asked if there were any representatives from Capitol Supreme Market. No one was present. However, Commissioner Olson stated that Weisfeld’s (Capitol Supreme) Market was in her SMD and she felt that it was a good store and she had no problems with it, therefore she moved that the Commission not oppose the renewal of their license. There was some discussion regarding the fact that they did not appear before the ABC Commission and Commissioner Olson informed the Commissioners that they had contacted her and informed her they would not be able to attend.

Commissioner Jarboe stated that since they had been ticketed last year for selling singles in spite of their Voluntary Agreement to not do so, and according to them they were not aware of their Voluntary Agreement to not sell singles, he would like give them probation for a one cycle since they did get caught violating the Voluntary Agreement. Commissioner Wright seconded Commissioner Olson’s motion.

The Chair then asked all in favor of supporting Commissioner Olson’s motion to not oppose the renewal of the license for Weisfeld’s (Capitol Supreme) Market to raise their hands. The vote was unanimous 8-0. Commissioner Thomas joined the meeting late after representing ANC 6B at the Mayor and City Council’s Official ANC Appreciation Christmas Reception.

Commissioner Wright stated that Commissioner Glick wanted to speak about Southeast Market located at 1500 Independence Avenue, SE.

Commissioner Glick stated that Southeast Market is in his SMD and that he has had problems with them in the past with them selling rose crack pipes and such. And since they did not show up for the ABC Committee meeting and the fact the Commission does not have a Voluntary Agreement with them, therefore he would like to prepare a Voluntary Agreement for them to sign and he would like for the Commission to use a Stipulated License or something to encourage them to sign a Voluntary Agreement.

Commissioner Jarboe made the motion to protest the renewal of their license unless or until they sign a Voluntary Agreement. The motion was seconded by Commissioner Glick.

The Chair asked all in favor of the motion to protest Southeast Market’s license until they sign a Voluntary Agreement to raise their hands. The vote was unanimous 8-0.

Committee reports and announcements

Commissioner Thomas reported on her attending the Mayor and City Council Official ANC Appreciation Christmas Reception as the representative of ANC 6B, which was being held as the same time of the ANC meeting tonight. The sponsors of the event put on an excellent program and they were sorry the scheduling conflict prevented some Commissioners from attending. However, they did provid each city-wide Commissioner with a pin and beautiful jacket and since her fellow Commissioners were unable to attend, the sponsors will be sending each Commissioner his or her own jacket via the mail.

Financial Update

Commissioner Jarboe stated that since the Congress passed and the President signed the DC Appropriation Bill and the Commission now officially has its budget. The Commission will be getting an allocation of $30,548.70, and that the changes in the budget that the Commission has already passed are essentially the same as last year’s allocation. Therefore, there is no need to re-pass the budget.

Commissioner Olson asked if there were any cost-of-living increases. Commissioner Jarboe responded that the Commission did not get one, but the Commission can give the staff a cost-of-living increase, but the Commission will not give any more than last year. Since the Appropriation Bill has been passed the budget is now official.

Authorization Additional Tax Payment

Commissioner Jarboe then stated that the idea of a cost-of-living increase may need to be rescinded based upon this information. He went on to stated that apparently when the Commission had its last staff person the leave and because of all the problems the Commission was having with the forms for DOES, the Commission zeroed out and cancelled the DOES account. What happened as a result of the new staff person, no one remembered to reactivated the account, therefore the account did not get reactivated until this summer, which was a year after it was supposed to be reactivated. He has spoken with DOES and everything is been worked out, but because the Commission missed four (4) payments the Commission is incurring a penalty. The minimum penalty they levy is $100.00 per quarter, which is ten (10) percent of what you owe. When the Commission filed its report, we paid the ten (10) percent, but they came back and stated that the Commission must pay the minimum amount. Therefore, the Commission owes DOES $427.69. Commissioner Jarboe then made the motion to authorize the payment of $427.69 to DOES to bring the account update. Commissioner Hill seconded the motion.

Commissioner Glick asked if there was any to get around this because the Commission is a part of the District government. Commissioner Jarboe responded that he attempted to do so, but the answer was no. He went on to say that if everyone remembers for years the Commission paid workman’s compensation for years and then found out it didn’t have to because the Commission was part of the District government. He went on to say that the auditor has a line in the budget for workman’s compensation. They have never taken it out because when they changed the law a few years ago they included a clause in it that stated that ANC staffs are not considered DC employees, except for workman’s compensation and health insurance. So, conceivably we can figure out how to get the staff insurance coverage.

The Chair then stated that the Commission has a motion that has been seconded and asked all in favor of supporting Commissioners Jarboe’s motion to raise their hands. The vote was unanimous 7-0. Commissioner Jarboe added that he wanted to apologize for allowing this to fall through the cracks.

Approval of Minutes

Commissioner Olson stated that the Commissioners have been provided with copies of the October and November 2005 minutes to review. She then made the motion to approve the minutes and it was seconded by Commissioner Wright. Commissioner Jarboe added that they would be subjected to typographical errors.

The Chair asked all in favor of the motion to approve the October and November minutes subject to typographical errors to raise their hands. The vote was unanimous 7-0.

The Chair asked Commissioner Olson if the Commission was up-to-date on minutes for 2005. She responded that that was correct and that the latest minutes would be added to the website in a couple of days.

The Chair thanked Commissioner Olson and Mr. Randolph for their work in getting the minutes done.

Adjournment

There was no further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of January 10, 2006. The motion was seconded, and the vote was 8 to 0.

Meeting Adjourned.

Prepared by Bert Randolph

Attested: