Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

January 10, 2006

 

 

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

 

Commissioners Absent:  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 under the Financial Tax Adjustment Report there are two other items needing to be added.  One is the ANC Security Fund and second is the Quarterly Report.

 

Commissioner Olson wanted to add prior to adjournment the review and approval of the December Minutes.

 

Commissioner Hill made the motion that with no other changes the Commission adopt the revised agenda.  The motion was seconded by Commissioner Olson.  The Chair asked if there were any in opposition and hearing none, the agenda was adopted as amended.

 

Election of Officers

 

The Chair stated that Gottlieb Simon head of the Office ANCs was present and would conduct the election of officers.

 

Mr. Simon reminded everyone that he was once the Executive Director of ANC 6B and stated how pleased he was to be of assistance.  He then reminded everyone that every January each ANC is required to elect new officers for the year and at 6B there are five (5) to be elected; Chair, Vice Chair, Secretary, Treasurer, and Parliamentarian.  He further stated that they would be elected in that order and election of officers requires a majority of Commissioners present voting for them, and not simply a majority of Commissioners present and voting, thus it is an absolute majority.  There were eight (8) Commissioners present therefore it will require five (5) affirmative votes for that person to win.  The further stated that the election will be an open ballot and not secret ballots. 

 

Mr. Simon then stated the floor was open for nominations for the office of Chair Person.  Commissioner Olson nominated Commissioner Scott Cernich for the position of Chair.  The motion was seconded by Commissioner Glick.  Mr. Simon asked if there were any other nominations for Chairperson and there were none.  Mr. Simon then announced that the nomination was closed.  He then asked the nominee if he wanted to make a statement and his response was no.  Mr. Simon stated that having no other nominees, all in favor of Mr. Cernich as Chairperson to say aye.  There was no opposition.  Mr. Cernich was elected Chairperson.

 

Mr. Simon then asked if there were any nominations for the office of Vice Chairperson.  Commissioner Russell nominated Commissioner Will Hill for the position of Vice Chairperson.  The motion was seconded by Commissioner Jarboe.  Mr. Simon asked if there were any other nominations for Vice Chairperson and there were none.  He then asked the nominee if he wanted to make a statement and his response was no.  Mr. Simon stated that having no other nominees, he declared Commissioner Hill winner of Office of Vice Chairperson. 

 

Mr. Simon then asked if there were any nominations for the office of Secretary.  Commissioner Cernich nominated Commissioner Julie Olson for the position of Secretary.  The motion was seconded by Commissioner Wright.  Mr. Simon asked if there were any other nomination for Secretary and there were none.  He then asked the nominee if she wanted to make a statement and her response was no.  Mr. Simon stated that having no other nominees, he declared Commissioner Olson winner of Office of Secretary.

 

Mr. Simon then asked if there were any nominations for the office of Treasurer.  Commissioner Olson nominated Commissioner Ken Jarboe for the position of Treasurer.  The motion was seconded by Commissioner Wright.  Mr. Simon asked if there were any other nomination for Treasurer and there were none.  He then asked the nominee if he wanted to make a statement and his response was no.  Mr. Simon stated that having no other nominees, he declared Commissioner Jarboe winner of Office of Treasurer.

 

Mr. Simon then asked if there were any nominations for the office of Parliamentarian.  Commissioner Wright nominated Commissioner Neil Glick for the position of Parliamentarian.  The motion was seconded by Commissioner Olson.  Mr. Simon asked if there were any other nominations for Parliamentarian and there were none.  He then asked the nominee if he wanted to make a statement and his response was no.  Mr. Simon stated that having no other nominees, he declared Commissioner Glick winner of Office of Parliamentarian.

 

Mr. Simon then thanked everyone for the opportunity to assist in the election of officers and then turned the meeting over to the Chair, Commissioner Cernich.

 

All Commissioners thanked Mr. Simon for his assistance and support in conducting the election of officers.

 

Community Speakout

 

Commissioner Cernich asked if there were any members of the community wishing to speakout. 

 

Mr. Christopher Herman who lives at 610 North Carolina Avenue, SE, stood and addressed the floor regarding his concerns of the proposed 11th Street Bridge Project Alternatives Analysis.  He stated that back in November there was a meeting by DDOT to discuss options for the 11th Street Bridge Project.  He stated that he had written to DDOT raising some concerns about the parallels between the Barney Circle Project and this project (11th Street Bridge) with respect to possible community impacts.

 

He wanted to request that the ANC look at the potential impact of these projects on the traffic in the community.

 

Mr. Joe Howard who lives at 11th and D Street, SE, on the Southeast Corner, stated that he was present to make the Commission aware of the unsafe nature of the intersection of 11th and D Street, SE.  He stated that the Friday after Thanksgiving his house was hit by a car, which struck his front door through which is wife and daughter has just entered less than 10 minutes prior.  Thus he expressed his concerns for the safety of his family, and stated that he was present to request assistance in securing a stop light for the intersection.  He went on to say that last year he and a neighbor attended a meeting and requested assistance in getting a stop sign or traffic light at the same intersection.  He stated that 11th Street out to the Anacostia Bridge has a stop light at every intersection except at D Street.  He went on to say that 11th Street next to Pennsylvania Avenue is the most heavily trafficked street.

 

Commissioner Cernich, who’s SMD Mr. Howard resides, informed him that last year the Commission did sent a request to DDOT about placing a traffic light at that particular intersection.  Unfortunately, they did not feel it was justified to do so.  He went on to say that the Commission would be happy to resubmit the request.

 

Mr. Howard responded that he is aware that they (DDOT) had informed them that the particular location did not exceed the minimum of three (3) accidents per year to warrant a stop light.  However, he has personally taken photo documentation of four (4) accidents at that particular location.  Unfortunately, the police have told him they will not give a ticket unless someone is carried away in an ambulance or some other extreme issues.  He stated that are many fender-benders at that location that do not require an ambulance, thus no record is keep of the incident.

 

Commissioner Jarboe stated that he would be happy to make a motion to renew the commission’s request for a stop light at that intersection, because the Commission has been given the same excuse for not placing a stop light at the intersection and he feels that it is definitely needed.

 

The Chair stated that the Commission would be more than happy to renew its request and asked Mr. Howard to include his photo documentation so that it can be included with the requesting letter to DDOT.  Mr. Howard was instructed to send his information to the office or to Bert Randolph, which he said he would do.

 

Commissioner Jarboe suggested that Mr. Howard contact DDOT to see what is involved in getting rumble strips on 11th Street.

 

The Chair stated he will refer the issue to Planning and Zoning Committee for its review.

 

During the ABC Committee session Commission Olson stated that Commissioner Jarboe had made a motion regarding the stop light at 11th and D and his motion had not been seconded, therefore she wanted to second his motion.  The Chair then asked all in favor of Commissioner Jarboe’s motion to renew the Commission’s for a request for a stop light at 11th and D Street to raise their hands.  The vote was 9-0.

 

Community and Commission Announcements

 

Commissioner Jarboe stated that there are several traffic studies being conducted and the various open-house meeting, and there will be a Capitol Hill Transportation Study which will be held Tuesday, January 24th at the Southeast Library from 5:00 – 8:00 pm, and there is a meeting of on the Pennsylvania Avenue Scenic Byway which will be held on Wednesday, January 25th here in the ANC meeting room (Old Naval Hospital) from 6-8 pm., and then on Wednesday, January 18th there is a meeting about the Paving Restoration Projects on 6th and 8th Streets from Pennsylvania Avenue all the way up to Florida Avenue. The meeting will be held at the Northeast Neighborhood Library from 6:30 – 8:00 pm., which will affect a lot of traffic in the area.  Finally, DCRA has opened the Homeowners Center and it is located at 941 North Capitol Street in Suite 2102 and the hours are 8:30 am to 4:30 pm., Monday through Friday.  Therefore people who want to do renovations and home repairs, they don’t have to got to the big permitting office they can go here.

 

Gottlieb Simon mentioned that DCRA now has a full-time liaison person in the name of Eric Rodgers.

 

Commissioner Russell announced that 16th Annual Barney Circle Martin Luther King Anti-Crime Rally and March will be January 16th at 7 and will be held at 527 Kentucky Avenue. 

 

Commissioner Russell stated that she had seen a commercial regarding the marathon in March which is being conducted by the Greater Washington Sports Alliance and she was of the opinion that they were suppose to return to the ANC to provide a status update on the race and wanted to know it this was correct.

 

The Chair stated that she was correct in that they were instructed to come back and provide the Commission with an update on their progress.  He then asked Mr. Randolph to check and see exactly when they are planning to return for the update.

 

ABC Committee

 

License Renewal:

Lincoln Park Mini-Market, 1023 East Capitol Street, SE, License #60703, Class B Retail

 

The Chair asked if there was anyone present to represent Lincoln Park Mini-Market and no one was present.

 

Commissioner Jarboe stated that Lincoln Park Mini-Market is in his SMD and the Commission had voted on this before, but they didn’t have their placards displayed thus they had to come back again and they didn’t show up the last time either.  Therefore, he moved that the Commission takes no action.  He went on they said they he has not heard of any problems associated with their establishment, in fact he’s heard good things about what they are doing.  The motion was seconded by Commissioner Glick.

 

The Chair then asked all in favor of Commissioner Jarboe’s motion to take no action to raise their hands.  The vote was unanimous 9-0.

 

Southeast Market

 

Commissioner Glick announced that Commission had voted in December of 2005 on Southeast Market renewal of its liquor license requiring them to sign a Voluntary Agreement, and he reported that they have executed such an agreement.

 

Committee reports and announcements

 

None

 

Financial Tax Adjustment Report

 

Commissioner Jarboe stated that this is an ongoing battle with the IRS regarding back taxes.  There were a couple of quarters back in 2002 and 2003 where the IRS credited our 941 tax payments to the wrong quarters.  For example in the first quarter of 2003 the Commission got a refund of $62.00.  In the second quarter of 2003 they told us we owed them $30.00 and then added a bunch of interest and penalties that we had to pay.  The same thing happen, which is a little more complicated, in the first quarter of 2002 where a payment that was made in January 2002 was credited to the December 941 Quarterly Report.  IRS was going to give us a refund but they are saying that the statute of limitation has run out on the refund, so they will not credit the $200.00 to the proper quarter.  Second, in that particular quarter, one of the commission’s payments did not show up in that quarter.  So for the first quarter of 2002 the Commission has a payment that is due, not including penalties and interest, of $431.70.  He went on to say that his hope is that once that is paid, the Commission can trace the missing check and appeal the $200.00 that they misallocated and the Commission will end up getting that back.  He stated that he was told by the IRS that until the Commission paid the principal, we can not start the appeal process on the penalty and interest.  Therefore, he moved that the Commission pay the IRS $431.70 for the first quarter of 2002 and $30.17 for the second quarter of 2003.  This will pay all the principal the Commission owes up to now and he will appeal the penalties and interest portions.  Commissioner Glick seconded the motion.

 

The Chair asked all in favor of Commissioner Jarboe’s motion to raise their hands.  The vote was unanimous (9-0).

 

ANC Security Fund

 

Commissioner Jarboe stated that every year the Commission is required to be bonded or participate in the Security Fund, which is $25.00.  He went on to say that the Commission is required to pass a resolution that says ANC 6B approve the participation in the ANC Security Fund in the amount of $25.00. 

 

Commissioner Glick moved that the Commission pass the resolution and approve $25.00 for the ANC Security Fund.  The motion was seconded by Commissioner Olson. 

 

The Chair asked all in favor of approving the Security Fund resolution and the $25.00 payment to raise their hands.  The vote was unanimous (9-0).

 

1st Quarter Financial Report

 

Commissioner Jarboe reported that the biggest expense was for salary and wages.  Item #4 Federal Wages and Taxes is higher than normal because it includes some of the back taxes that we are catching up on.  It does not include penalties because when the IRS came back after we had files and they came back and said we had not paid enough, so we have been catching up.  He went on to say that he has asked them to waive the penalties and that is still under appeal.  This is because it was their fault in that they misapplied some of the payments against different quarters rather than where they should have been.

 

Commissioner Wright asked about Item #23 Others and what was its makeup.

 

Commissioner Jarboe stated that it was for EMCAC Membership and for the Fagon Community Guide Ad.  He went on to say that the Commission was well within budget and that the Commission had just received the letter from the Auditor releasing the next allocation of money.  He then moved for the adoption of the Quarterly Report.  It was seconded by Commissioner Glick.

 

The Chair then asked all in favor of adopting the Quarterly Report to raise their hands.  The vote was unanimous (9-0).

 

Approval of Minutes

 

Commissioner Olson informed the Commissioner that they had before them the minutes of the December Meeting Minutes for approval and with their approval will be upload to the website.  Commissioner Olson went on to point out two things for clarification.  The first was a HPA Case on 1006 – 1010 7th Street, SE, it stated in the minutes that they would come back before the Commission in January to renew their plans.  Commissioner Jarboe and Executive Director, Randolph both stated that they were scheduled to come back in January, but they were not ready to do, so they were moved to the following month.

 

She then asked about BZA # 05-232, 658-660 Independence Avenue, SE and the minutes stated that it would be continued to a later day, possibly January and she wanted to know if anyone had heard anything on this.  The response was the same, in that they were not ready to appear and would be moved to a later date.

 

Commissioner Olson then moved that the Commission approve the December ’05 Minutes, subject to typographical error corrections.  Commissioner Russell seconded the motion.

 

The Chair asked all in favor of approving the December 2005 minutes to raise their hands.  The vote was unanimous (9-0).

 

Adjournment

 

There was no further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of February 14, 2006.  The motion was seconded, and the vote was 9 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: