Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

January 13, 2004

 

Commissioners Present: Julie Olson, Neil Glick, Mary Wright, David Sheldon, Scott Cernich, Kenan Jarboe, and Will Hill

 

Commissioners Absent: Keith Smith, Francis Campbell and Daryl Snowden

 

Chairperson Julie Olson chaired the meeting and all commissioners introduced themselves.

 

There is a quorum for conducting business.

 

Adoption of Agenda

 

Add after item number 4 a presentation by Mr. Catania.  Under item number 5, Planning and Zoning Committee will pull off BZA Variance for 210 D Street SE, because the owner has asked for an extension and the Commission will follow-up with a letter on this.  Additionally, drop off item number 6, Approval of November 2003 Minutes.  Commissioner Jarboe wants to add a discussion about the PSA Boundaries and will be added before the Executive Session.

 

The motion was made and seconded to approve the adopted agenda.  The vote was unanimous.

 

Election of Officers

 

The Chair turned the meeting over to Councilman David Catania.

 

Councilman Catania asked for the nomination for Chair person. 

 

Commissioner Hill nominated Commissioner Olson, which was seconded by Commissioner Jarboe.  Commissioner Sheldon nominated Commissioner Glick.  Commissioner Glick declined the nomination.  Commissioner Olson nominated Commissioner Sheldon, which was seconded by Commissioner Wright. 

 

Mr. Catania announced that there are two (2) nominees for Chair Commissioner Olson and Commissioner Sheldon.

 

Mr. Catania asked all in favor of Commissioner Olson as Chair to raise their hands.  The vote was unanimous for Commissioner Olson.

 

Mr. Catania then asked for nominees for Vice Chair.  Commissioner Olson nominated Commissioner Will Hill, which was seconded by Commissioner Glick.  Commissioner Sheldon nominated Commissioner Cernich, which he declined.

 

Mr. Catania asked all in favor of Commissioner Hill as Vice Chair to raise their hands.  The vote was unanimous for Commissioner Hill.

 

Mr. Catania asked for nominees for Secretary.  Commissioner Jarboe nominated Commissioner Wright, which was seconded by Commissioner Cernich.  There were no other nominees.  Being no other nominations for Secretary, Mr. Catania asked all in favor of Commissioner Wright as Secretary to raise their hands and the vote was unanimous.

 

Mr. Catania asked for nominees for Treasurer.  Commissioner Olson nominated Commissioner Jarboe, which was seconded by Commissioner Wright.  There were no other nominations.  Being no other nominations for Treasurer, Mr. Catania asked all in favor of Commissioner Jarboe as Treasurer to say raise their hands and the vote was unanimous.

 

Mr. Catania asked for nominees for Parliamentarian.  Commissioner Wright nominated Commissioner Sheldon, which he declined.  Commissioner Hill nominated Commissioner Glick, which was seconded by Commissioner Sheldon.  There were no other nominations.  Being no other nominations for Parliamentarian, Mr. Catania asked all in favor of Commissioner Glick as Parliamentarian to say raise their hands and the vote was unanimous.

 

Commissioner Catania then congratulated the new officers for being elected to their new positions.

 

Community Speakout

 

Mr. Lars Hydle, former ANC Commissioner from Ward 3 stood and stated that he had been working on the new PSA structure and announced that the City Council will be reviewing it for the next 60 days and will be scheduling hearing.  He stated that the neighborhoods have asked that the PSA boundaries be drawn without regards to neighborhood clusters and to align them with the various ANCs.  He presented a map of the proposed PSAs for the Commissioners and community to review.  ANC 6B will be divided into 4 PSAs.  He then asked ANC 6B to pass a resolution and offered the following draft: ANC 6B calls upon the Metropolitan Police Department, the Mayor and Council to agree upon a Police Service Area whose boundary area which are aligned with ANC 6B.

 

Commissioner Olson stated that the Commission would be taking up the PSA issue later in the meeting.

 

Peter Jones stood and introduced himself as the new Ward 6 Service Coordinator.

Community and Commission Announcements

 

There were no Community announcements.

 

Commissioner Sheldon thanked Councilman Catania for taking time to participate in the election of officer and he offered a special thank you for his support for all ANC across the city.

 

Reference a report on Eastern Market prepared by OPM and submitted to the City Council.  He stated that his concern was pursuant to the District’s law Fiscal Year Budget for 2004 for the Neighborhood Revitalization Eastern Market Design Project was reduced by 1 Million Dollars.  He went on to say that on page 9 of the report states that OPM is telling EMCAC it needs to tell them how to spend the funds by March 15th.  His point was that EMCAC has been raising this issue over the last two years about this money sitting in the bank and not being used.  He went on to say that it appears that the shed is getting renovated or fixed after a year and a half.  They have been constantly telling OPM that the building is basically falling apart and needing repair.  His major concern is that the funds in the account are not being used and he is afraid EMCAC will lose these valuable funds. Therefore he was raising the issue to have everyone have an opportunity to weigh in on it.  They will be reviewing this issue this Thursday at EMCAC where the report will be formally presented. 

Presentations

Councilman Catania discussed the efforts of his and Councilman Evans office to put a 10% cap on property tax assessments.  He wanted to know if the community felt that the 10% cap was sufficient or if they preferred a proposal to increase the Homestead Tax Exemption from 30K to 50K, which would mean a windfall of about $200 dollars to property owner, but they would not get the backend help of the cap.  This would mean that after receiving the $200 you would be faced with an annual property tax increase of 10% or 20% depending upon where you start.

His second issue was the Excess RX Plan, which is an effort he started two years ago to look at how the District could be a smarter purchaser of prescription drugs on behalf of its citizens.  The District currently spends approximate $300 million on prescription drugs.  He went on to say that the District does not attempt to use its market presence to maximize it buying power.  This bill Excess RX has 3 components.  The first requiring the District to start looking holistically at all the drugs it purchases and certain proven cost containment measures such as aggregate purchasing, re-importation, preferred drug lists and etc.  Second is to guarantee to solicit lawsuits from the pharmaceutical industry and from pharmacy benefits managers.  The third is to require the pharmaceutical companies to submit an annual report the District’s Department of Health mentioning how much they spend on marketing in the District of Columbia.  The District will use this information to determine if there is any truth or not in their pricing based upon research cost versus marketing.  His last point was about pharmacy benefits managers.  There are four pharmacy benefits managers who control prescriptions for 80% of all Americans.  They are the intermediary between the manufacturer and the insurance company.  They use to try to save money for people who purchase prescription drugs.  However, until two years ago when they learned they could make more money making secret deals from the drug manufacturers than from their clients.  His mission is to force them to act as fiduciaries and to pass on all the savings, which they are required to negotiate on behalf of their clients onto their clients. 

 

Councilman Catania rapped up his discussion after fielding several questions from the audience and Commissioners by providing his e-mail address dcatania@dc.gov for future questions and discussion of the issues. 

Planning and Zoning

 

Certificate of Occupancy: Protest – New Dragon Carryout

 

Commissioner Wright made the Committee reported regarding the New Dragon Carryout.  The neighbors of the New Dragon Carryout requested the Committee to recommend that the ANC protest the Certificate of Occupancy for this establishment.  Their reasoning is that under the Zoning of the neighborhood, which is C-2-A, a fast food restaurant is not allowed.

 

After looking at the various zoning regulations, the Committee agreed and recommends that the ANC protest the Certificate of Occupancy of this establishment before the BZA.

 

Commissioner Glick, whose SMD this establishment is located, stated that this is the biggest problem and supports voting against their occupancy.

 

The Chair stated that the zoning does not allow for fast food carryout establishments in C-2-As.  She believes the New Dragon has developed into this type of establishment over the year because some years ago it probably was a deli there that conformed to the regulations, now it does not based upon it current activities.

 

Commissioner Jarboe stated that the current zoning has a big hole in it regarding the regulation of fast food.   There is no definition for carryout, but there is one for fast food, which is where the problem is.  He went on to stated that he believe this could affect all the carry outs in the City as a test case.

 

The Chair stated that the recommendation from the Committee is before the Commission to protest the Certificate of Occupancy for New Dragon to the BZA.  She then asked all in favor to raise their hands.  The vote was unanimous 7-0-0.

 

Transportation: Oil Tankers on 8th Street

 

The Committee heard from neighbor Mark Shlien concerning the issue of tanker trucks on 8th Street.  Mr. Shlien spoke at an earlier ANC meeting about this issue.  Other community residents also raised the issue of increased truck activity on 2nd and 3rd Streets.

 

The Committee is especially concerned about the transportation of hazardous materials, including tanker trucks, through residential areas.  We believe that tanker truck traffic has increased on the residential portions of 8th Street SE – that portion north of Pennsylvania Avenue.  We also are concerned that truck traffic has increased substantially on secondary roads partially due to the closing of main thoroughfares surrounding the Capitol building for security reasons, specifically 2nd and 3rd Streets, SE.  Streets on Capitol Hill are already taxed cue to the increased traffic and weight, especially in the Historic District were older houses can easily suffer from structural damage due to road vibration.

 

Therefore, the Committee recommends that ANC 6B request that DDOT undertake a study of tanker truck and other hazardous materials transport traffic on Capitol Hill, including recommendations for limitations of such trucks in residential areas.  As part of this request we also recommend that DDOT provide ANC 6B with answers to the following questions:

 

  1. Which streets on Capitol Hill have current restrictions on tanker trucks or other hazardous material transport?
  2. What emergency preparedness programs are in effect in the event of an accident involving one of these trucks?
  3. What are the weight limitations for tankers?
  4. Are there any regulations limiting the distance from school of tanker trucks and hazardous material transport?

 

Commissioner Sheldon mentioned that he thought this study was already being done.  However, the Chair stated there is a truck study being done by the DDOT, but the ANC wants to specifically target oil tanker trucks.

 

Commissioner Jarboe added that the current truck study is the generic study of how trucks will be regulated in the city.  He went on to say the Commission is asking specifically what DDOT is planning to do about hazardous materials that come their the neighborhoods.

 

Commissioner Sheldon then asked about expanding it to include oil tanker and railroad cars that are 3 blocks from the Capitol that contain highly explosive materials, which are routinely shipped through the city, some are less than 50 yards from residential homes.

 

Several other Commissioners suggested that it would be better to address the oil tanker truck issue first and later address the railroad car issue later.

 

The Chair stated that the Commission has before it a recommendation from the Planning and Zoning Committee regarding oil tanker trucks and writing a letter to Emergency Response about hazardous material and for response to several questions.  She then asked all in favor of the recommendation to raise their hands.  The vote was unanimous 7-0-0.

 

The Chair stated that was something in the Planning and Zoning Committee Report that is not included in the P&Z agenda is the 15th Street Rezoning.  The Chair turned the discussion over to Commissioner Jarboe.

 

Commissioner Jarboe said that while the Committee was talking about the New Dragon issue, they also talked about how to rezone that area to residential, which would help address the issue.  However, the issue came up that the Commission would have to take a step before going to the Zoning Commission, which is to actually amend the Ward 6 plan, because the plan actual calls for that area to be commercial. 

 

Commissioner Sheldon made to motion to amend the resolution of the December meeting to include amending the Ward 6 Plan.  The motion was seconded by Commissioner Jarboe. 

 

The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous 7-0-0.

 

Update of Financial Documents to Auditor

 

The Chair stated that the past treasurer was not present, but she and the new Treasurer, Commissioner Jarboe would continue to work on getting the necessary documents to the auditor as quickly as possible.

 

Commissioner Sheldon asked the chair if the Commission had a November 25th deadline from the letter he received by Certified Mail.  The Chair asked Commissioner Sheldon if he had received a letter by certified mail that no other Commissioner had received and his response was that the only thing we knew was that he received one and it stated that the ANC had until November 25th to respond. 

 

The Chair asked Gottlieb Simon if he could help them understand what the situation was related to the letter. 

 

Mr. Simon said the auditors had stated that the ANC’s next quarterly allotment maybe delayed unless they received the necessary supporting documentation.

 

Commissioner Jarboe stated that the Commission has responded to the request in that Commissioner Hill sent the auditors a letter informing them that the Commission was working on getting the necessary documents to them.

 

The Chair informed Mr. Simon that the Commission has received it allotment letter, but has yet to receive a check for any of the allotments.  The auditors did send the Commission letters withholding several thousand dollars from each allotment, which they are working to clear up.  She went on to say that the saving account has approximately $26,000.00 in it.

 

Eastern Market Citizens Advisory Committee (EMCAC) Dues

 

The Chair commented that each year the Commission authorizes the payment of dues to EMCAC, which is $150.00 and is require if the Commission want to remain a part of the organization.

 

Commissioner Sheldon informed the Commission that his office had paid for 3 members of EMCAC dues who are not sponsored by an organization, but are basically on their own.

 

Commissioner Jarboe stated that he would vote to support the payment of the dues, but he wanted to go on record indicating that he does not think it is correct the ANC to have to pay them and for one government agency to be telling another how to spend its money.

 

Commissioner Hill made the motion to pay the EMCAC dues.  The motion was seconded by Commissioner Wright.  The Chair asked all in favor to raise their hands.  The vote was unanimous 5-0-2

 

Vote of Continuation of Eastern Market Committee

 

The Chair stated that every year the Commission does not have a standing committee that allows for the input, which is not in ANC 6B’s bylaws.  Therefore, the Commission must vote to continue the Eastern Market Committee. 

 

Commissioner Sheldon made the motion to continue the Eastern Market Committee.  The motion was seconded by Commissioner Glick.  The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous 7-0-0.

 

PSA Boundaries

 

Commissioner Jarboe stated that he had slight problems with the boundaries.  He went on to state that he was publicly on record as being skeptical about aligning PSA Boundaries with the ANCs, not that the ANCs are not important.  But in a lot of cases the ANC boundaries were drawn with very basic political reasons and that was seen in this ward.  The far end of PSA 103 is not even in the ward, it is in ward 7.  He stated that it makes no sense to have that has part of a PSA if it is on the other side of the river.  He went on to remind the Commissioners about the fight they had with Southwest about the area south of the freeway involving the political powers-to-be to take away an area that has traditionally been ANC 6B’s.  Therefore, he will be opposed to the alignment because the Commissioners of 6B have worked very had to integrated that area into this area and the rest of Capitol Hill.  He went on to say that he would support the resolution in principle that the ANCs should be brought into the boundaries drawing process.  However he feels there are enough anomalies in ward 6 that he would feel uncomfortable saying and that the PSA and ANC boundaries should be the PSA boundaries.  He thinks there should be a lot more discussion on this issue.

 

After much discussion between the members of the community and the Commissioners, the Chair suggested that due to the interest expressed and the limitation of time that the issue could be referred to the Planning and Zoning Committee, which will be the first Tuesday of next month, for a more detailed discussion. 

 

Commissioner Jarboe stated that that would be fine but the clock is running in regarding to the time frame under which responses can be lodged.  After more discussion regarding the resolution and the time limited associated with making a response, it was suggested that certain language should be added to the ANC Resolution. 

 

Commissioner Jarboe made the motion that the ANC call upon the Council to take no action on the PSA Boundaries until or unless they involve all ANCs in the process and ask the MPD to involves the ANCs in the drawing of the boundaries and gives the ANCs the appropriate great weight.  The motion was seconded by Commissioner Wright.

 

It was mentioned by someone in the community that the Council is saying that they are not submitting this to the Council for the Council’s approval, but rather the Council’s review and the Council could simply let the time pass and it would become law, therefore he thinks the Commission should take a stronger stance.

 

 

 

Adjournment

 

There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of February 10, 2004.  The motion was seconded, and the vote was 7 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: