Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

March 14, 2006

 

 

Commissioners Present: Julie Olson, Will Hill, Antonette Russell, Francis Campbell, Scott Cernich, Ken Jarboe, Mary Wright, and Executive Director, Bert Randolph - Sandra Brown Thomas arrived late

 

Commissioners Absent: Neil Glick

 

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

 

There was a quorum for conducting business.

 

Adoption of Agenda

 

The Chair announced that the last two items under the Planning & Zoning Committee will not be heard tonight, which are HPA #06-181, 221, 223 & 225 11th Street, SE and HPA # XX-XXX, – 214 South Carolina Ave., SE – Capitol Hill Day School – Renovation and addition on back and side of yard.  There are three items to be added; 1) after the Planning and Zoning Committee there will be a Resolution regarding the School Air Rights Bill, 2) the Landmarking of the Old Car Barn, the Blue Castle, on the corner of 8th Street, SE and M Street, SE. and 3) after the ABC Committee Report there will be a report from the Treasurer on the Commission’s tax issue.

 

Commissioner Campbell made the motion to adopt the agenda as amended.  The motion was seconded by Commissioner Wright.  The chairs asked if there were any objections to the adoption of the agenda.  There were none, so the agenda was adopted as amended. 

 

Community Speakout

 

Ms. Kelly Moore, a resident at 1312 C Street, SE stood and stated that she wanted to discuss traffic problems in her area.  She went on to say that resident at 1312 C St. SE. In recent years C street traffic has increased considerably.  Most of the time, cars are driving in excess of the speed limit and any reasonable interpretation of conditions on the street.  She wanted to request that the ANC request the department of transportation study this issue, which she believes is an accident waiting to happen, with a view toward implementing a solution.  She described the situation as follows:

C St. SE between 13th and Kentucky is a narrow road. In order for two cars traveling in opposite directions to pass each other, both must slow down in order to safely pass-- there is not a lot of room for error. On the south side of the street is a retirement home. On the north side, our houses are located very close to the street-- we have almost no yards. There are young children and pets living here also. On several occasions she has almost had my car door ripped off (or so it seemed like it) by cars literally whizzing by. The problem seems to have gotten worse in recent years. The popularity as a thoroughfare seems to be growing-- no doubt this is due to the revitalization of the neighborhood. The mornings and evenings are particularly hazardous, although cars moving far too fast are a hazard all day.

As far as she is aware, the speed limit is 25 mph, which aside from the fact that no one respects this, it would seem to be far too high if M St. SE-SW is 25 mph.  She believes a more appropriate speed limit would be 10-15 mph, considering that they are across the street from a retirement home.  Also, there are far too many cars transiting their small street. Traffic is more appropriately diverted to larger streets, such as Penn. and South Carolina which are more appropriately-sized for the volume of traffic that travels on our street.  She went on to say that she was frankly surprised no one has been injured.  She’s seriously concerned about it and would appreciate if Commission would look into this matter in order that the appropriate course of action is taken.

 

She also discussed her displeasure with the current parking restrictions in the area associated with RFK Stadium.  She lives about 30 minutes walking distance from RFK.  Last year her and some neighbors sent and e-mail to DOT stating that they do not want to be included in the RFK Parking restriction area.  Commissioner Campbell interjected that he has already addressed it with DOT, because he lives in the area and understands completely what she is speaking of.  What is going to happen is DOT will be issuing one (1) parking placard per household in Ward 6 can park in the area.  He also stated that it was his understanding that they will not replace it if you lose it.  The RFK Special Events Parking Zone has been revoked, there are no other special protections.  The only protection is if you have a Ward 6 parking sticker and you can park anywhere in the Special Events Zone.  She informed Commissioner Campbell that she wants to be excluded from the area and that is what they had sent their e-mail about last year.  Commissioner Campbell informed her that she will need to get a petition together with 50% of the people on her block to sign it and take it to DOT and they will remove her and her neighbors from that zone.  He went on to inform her that it had to be a petition and not e-mails to get action.  He went on to inform her that by this action she will be removing her neighborhood from having any protection as far as parking, which means anyone parking in her neighborhood without a sticker stand a change of getting ticketed.  He went on to say that the small RFK sticker that says 2005 to 2007 is null and void.  

 

Ms. Marge Maceda, who is the President of the Southwest Neighborhood Assembly, but tonight she was present as a member of the Van Ness Elementary School Community.  She stated that Van Ness Elementary School is one of the schools that is being considered for Rightsizing, which means closure.  At the present time they have 78 special education-early education students in their building.  They have them there until the Capper Carrollsburg Housing starts to reopen in 2007.  The first 69 families will be moving in in 2007 and the project was due to be completed in 2008.  That means there will be more than 300 students moving back into the area.  If Van Ness Elementary School is closed there will be no school between the river, DC Southeast, 11th Street, and South Capitol.  They are asking if the Commission would write a letter of support to help them keep the school open.  At the present time they are a city-wide school serving every area of the city and they do have children for ANC 6B at the present time.  She went on to say that if the school closes the nearest school will be Watkins, Brent, and Tyler.   Commissioner Campbell asked for her phone number for future discussions, which she provided (202) 698-8927.

 

Frank Zampatori rose and stated that they have finally got the city to teardown the fence on Reservation 13 that separates Water Street and Reservation from the Anacostia River.  They have cleaned it all out and it looks really very good.  During this process they noticed that the city had put up signs that stated that Pedestrian Traffic Prohibited on Stadium Access Road.  He went on to say that that access road is part of the Anacostia River.  They tried to work with the DC Sports Commission, who supposedly put the signs up.  After several months and in the last few weeks they informed them that they did not have the authority to put the sign up.  He stated that according to Commission Russell, they believe it was DDOT that put the signs up.  He suspects that when baseball came back to RFK, baseball requested the Sports Commission to do something about the pedestrian traffic and they in-turn when to DDOT and had them put up the signs.  Therefore, they would like to have the signs remove, not for automobile, but for pedestrians only, so that pedestrians can walk along the river and enjoy it.  He stated that he did not believe it required a resolution, but just a letter from the ANC that he and Commissioner Russell will work on and bring back to the Commission for approval.

 

The Chair suggested that they get in contact with Chris Delfs and give him a heads up ahead of time so that if there is anything he can do to assist in their efforts. 

 

Ms. Kati Sabin introduced herself as a representative for Pepco to the ANC 6B community.  Her purpose of being at the meeting was to try to address any issues and concerns as they pertain to Pepco and to present the company's position on any issues of interest to the ANC.  She went on to say that she has been with Pepco since 1989, but she is not actually in Community Affairs or Government Relations so there may be times that she will have to take questions or issues back to Pepco to have the appropriate people address them.  She went on to say that she will try her best to respond or follow up quickly on ANC 6B issues and concerns.   She invited Commissioners and community people to feel free to contact her at the phone: 202-872-3535 or email: kmsabin@pepco.com.  Finally, she stated that she is actually a supervisor in IT Applications. 

 

Commissioner Cernich asked her if she could do something about the Substation at the corner of 12th and G Street, SE, such as landscaping because the trucks just pull up across the lawn and leave ruts and gravel.  He went on to say that a couple of years ago someone from Pepco came in and the Commission mentioned it to them then, but nothing happened and that the Commission would appreciate anything she can do to correct this situation.

 

Community and Commission Announcements

 

Joan Tunny (202-547-3399) from the community announced that she is undertaking a project for helping the homeless, which is entitled the Bulwark Project.  She gave a brief overview of the project which has two objectives; 1) to eliminate homelessness and indigence within a defined geographic area. 2) to enhance economic development of this area through increased consumer spending and thereby create an environment that will make it possible for the disadvantaged to become gainfully employed and at an income level that meets their basic needs.

 

She asked the community and Commissioners for any suggestions as to where she can get assistance with her project.

 

Commissioner Jarboe suggested that she contact Capitol Hill Business Improve District and Capitol Hill Ministry because they both have active programs for working with the homeless.

 

Commissioner Jarboe announced that School Board member Tommy Wells will be holding a forum on the Rightsizing DC Public Schools issue on Wednesday, March 22nd at 6:30 pm to 8:00 pm at the J.O. Wilson Elementary School, which is located at 660 K Street, NE and everyone is invited to come and share their concerns and suggestions.

 

Andrew Lightman, Managing Editor of the Hill Rag provided everyone in attendance with a copy of the 2006 FAGON Community Guide and announced that they were being distributed throughout the community.

 

Presentations

 

27th Annual Capitol Hill Classic Race – Howard Crystal, Race Co-Chair

 

Mr. Crystal stated that the Capitol Hill Classic Race is the largest single fund raiser for the Capitol Hill Cluster School, which is one of the largest public schools in the District.  The race is scheduled for May 21st and will be routed through Capitol Hill.  Last year they raised over $40,000.00 for the Cluster School and had over 2,500 runners and they expect to have about the same number of runners this year.  They raise most of their money through corporate sponsorships.  He provided everyone with a handout, which indicated that the race will start at 8:30 Sunday morning and the only streets that will be closed for the race are the two blocks immediately in front of Peabody C Street, and the one block on 5th Street adjacent to Peabody School.  He invited everyone to come and participate in the race and suggested for more information to visit their website: capitolhillclassic.com.

 

Mr. Crystal stated that he was present tonight to ask the Commission for its support for the race.  The Emergency Management Agency Taskforce asked that they secure the ANC’s support for the race.  They will also be seeking letters of support from the churches along the race route.

 

Commissioner Cernich moved that the ANC send a letter of support for the Capitol Hill Classic Race.  The motion was seconded by Commissioner Russell.  The Chair asked all in favor to raise their hands.  The vote was unanimous 7-0.

 

Planning and Zoning Committee

 

The Chair turned the meeting over to Commissioner Campbell to make the Committee’s Report.

 

Commissioner Campbell read the report as follows:

 

PS # 17590 Rotisserie & Tortilla Carryout, Sidewalk Café

 

Architect Gabriel Nathaniel, Eduardo Miquez, owner. Owner is applying for a public space permit to place a total of 11 tables and 34 seats in a 30ft area adjacent to his carryout which will be a total of 16ft. Area will be and unenclosed sidewalk café adjacent to 1100 8th St. SE. Proposed area is 48’ 4” in length and 12’ 2” width, comprising of removable furniture.  No changes to the building interior or exterior. There were no concerns from Commissioners and/or community present. The committee therefore recommends this project for approval to the full ANC.

 

Commissioner Campbell asked if the owner or architect was present.  Mr. Nathaniel the architect was present and Commissioner Campbell asked if there was anything new he wanted to add.  Mr. Nathaniel stated that the business is a sit-down restaurant with carryout, not just a carryout.

 

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

 

HPA#06-156 – 207 10th St. SE: Rear Addition

 

Steve Lopez, the owner proposes to build a 2 story rear addition 13ft x 9ft. Applicant has letters of support for the project from adjacent neighbors at 205 and 209.  The project is not visible from any public street, and will not impact on the historic character of the neighborhood.  Nor will it impact light, air or privacy of adjacent neighbors.  No issues of concern exist from members of the Commission or audience, therefore the committee recommends this project for approval to the full ANC.

 

Commissioner Campbell asked if anyone was present to represent Mr. Lopez.  Jennifer Fowler rose and addressed the Commission.  Commissioner Campbell asked if there was any new information on the application and she replied that there was none.

 

The Chair stated that this matter was coming before the Commission as a recommendation from the Committee in the form of a motion requiring no second.  He then asked all in favor to support the Committee’s recommendation to raise their hands.  The vote was 6-0-1.

 

HPA #06-179 – 225 7th St. SE Eastern Market Rehab

 

Presenting were Aimee Occhetti, Office of Planning, Baird Smith & Tina Roach Architects

 

They presented the proposed rehabilitation project for the Eastern Market Building which will be exterior and interior construction.  Items proposed are skylight additions to South side and 7th side. These do not appear in any historic photos.

 

The Committee feels that these skylights do not reflect historically and would not support these on the 7th St. side but may be more appropriate on the alley side.

 

Other proposals include:

 

1.)    Handicap access with  a ramp at the front of the South Hall at either end of the Market and a grade change to the rear entrance to facilitate w/c access

2.)    Window replacement changing plastic glazing to clear security glass

3.)    Rehabilitation of wood doors and replacement of hardware as needed for ADA and egress compliance.

4.)    Proposed stairway for fire escape from the second floor Center Hall in the alley, which would be reversible

5.)    Three options for HVAC for the South Hall

6.)    Replacement and upgrade of building distribution systems in the basement, sanitary sewer, storm sewer, electrical service and water services

 

North Hall alteration to include:

 

1.)    Proposed HVAC heating and cooling system to be added

2.)    New toilet facilities

3.)    New storage facilities

4.)    New light fixtures

 

Additionally, replacement of fluorescent lighting with historically similar lighting that is more in keeping with historical aspects.

 

For the most part, the committee believes that these changes are in keeping with historic character of the building.  Two of the exterior changes, the fire escape and the handicap ramps are required by building codes.  The committee believes that the design of these features, while not historic, do not intrude on the buildings historic character.

 

As mentioned above, the committee is concerned with the addition of the skylights, at least on the 7th Street side.

 

The committee therefore recommends this project for approval to the full ANC, with the condition that skylights are not placed on the 7th Street side.

 

Commissioner Campbell asked if anyone was present to represent the applicant.  Amiee Occhetti and Baird Smith were present.  Ms. Occhetti stated that since they had appeared before the P&Z Committee they have gotten with HPRB and realized that they will need to go to the Commission on Fine Arts.  They have made some substantial changes and will need to push the date back.  Therefore, they would like to reschedule to appear before the P&Z Committee next month.

 

Commissioner Campbell agreed that their application will be deferred until next month.

 

HPA # 06-101, 525 5th St. SE Concept two story rear addition

 

Ricardo Rivera, owner, Todd Bisey, same two-story addition as presented at the February P&Z and ANC meeting.  At the February ANC meeting, it was requested that the owner get letters of support from adjacent property owners. 

 

Neighbors Kathy Grant, of 527 5th St., SE & Sidney Coffey, of 523 5th St. SE appeared at the P&Z meeting and raised a number of issues, including whether the project is matter-of-right under the zoning regulations.  Specifically, they questioned whether the building, since it is a semi-detached structure, has an allowable maximum lot occupancy of 60% or 40%. The issue of the non-conforming side yard was also raised.

 

Ms Grant also has concerns re: lighting in a kitchen addition, which has no windows, with only a sliding door as the only exterior light source.


Ms. Coffey concerns are also of light, that the build-out will adversely affect light into the first and second floor windows on this side of the building. 

 

At the past P&Z Committee meeting this was presented as a matter of right and tentative approval was based on the applicant obtaining letters of support from the affected neighbors.  However, further research by committee members indicates that the addition would convert the structure from a semi-detached dwelling to a row dwelling, thereby falling under the 60% lot occupancy limits.  However, the addition would also transform the existing non-conforming side yard into a non-conforming court.  As such, the project would need a zoning special exception.  Given these zoning concerns, the committee recommends that approval for this project be withheld, pending clarification of these issues.

 

Commissioner Campbell asked if Mr. Rivera or his representative was present.  Mr. Rivera, Todd Bisey, and Ms. Jennifer Fowler were present. 

 

Commissioner Campbell asked if there was anything new they wanted to add. 

 

Ms. Fowler addressed the issue regarding the 60% versus the 40% occupancy by stating that it was her understanding that the zoning office interprets that type of dwelling as a rowhome with side yards have been approved for 60% lot coverage.  She also stated that they had examples of other recently build projects that do use the 60%.

 

Ms. Fowler show the Commission a proposed modification to the plans to had a pergola similar to the one that was approved on 17 4th Street, NE.  She also mentioned that there was an existing foundation on which a one-story structure had previously stood, but the structure had been removed by Mr. Rivera.  Commissioner Jarboe asked if they had anything that would show the prior existing foundation.  Ms. Fowler stated that they did not have anything with them at the time that would show that.  However, they did have a photograph that did show a dugout portion where the foundation had previously existed.

 

Commissioner Jarboe asked Ms. Fowler if it was her intent to put in pergola in the entire side yard.  He stated that none of the drawings show the proposed pergola (arbor) and that is the main problem he sees. 

 

Commissioner Cernich stated that he believes that this was a historic preservation issue and not a zoning one and that he would prefer a ruling by the Zoning Commission before the Commission takes any action.

 

Commissioner Jarboe asked where they were in the permit portion of the project and if they had submitted permits for the addition yet, and she responded that they are in conceptual review.  He then asked if it was correct that zoning administrator had not rule on the project yet, and she responded that that was correct.  He then stated that there was time in the future to raise the zoning issue.  He went on to say that if the plans they have submitted to the Commission are not the final renderings that they are going to HPRB with and there will be an additional structure on the side, he will have a problem voting on something that he is not sure it will be what HPRB will be looking at. 

 

Ms. Fowler stated that they were looking for various alternatives to address the issue at hand, and they had just today come to the conclusion that they would add the pergola to the design and, therefore they did not have time to have the plans revised.  To which Commissioner Jarboe stated that it appears to him that they are adding the pergola to address the zoning issue, so he is not sure if HPRB will go along with that.

 

Commissioner Campbell stated that he does not see how the Commission can vote on the application until it sees the final rendition of the drawings showing any and all additions. 

 

Commissioner Cernich added that the main issue the Commission is looking at is the historic preservation issue that deals more so with appearance so without the final drawings, it will be very difficult for the Commission to vote on something that it is not sure of how it will finally look.

 

After more discussions about the need to have the final drawings before the Commission can realistically vote on the application the motion Commissioner Campbell made the motion to table the vote until the final drawings are presented.  Commissioner Cernich seconded the motion.  Therefore the application was tabled.

 

The Chair turned the meeting over to Commissioner Russell to make a resolution. 

 

Commissioner Russell made the following resolution:

 

RESOLUTION

 

A Resolution encouraging the City Council of the District of Columbia to prohibit private-public development on the adjacent school properties of Payne Elementary, Watkins Elementary, and Tyler Elementary.

 

WHEREAS Bill 16-567 the “Public Facilities Modernization through Air Rights Development Act of 2006” is a means to require the Mayor to prepare and solicit Requests for Proposals to lease and develop available and unused or underutilized public land, air rights, or below-grade space adjacent to public facilities and rights-of-way in conjunction with the privately financed modernization of public facilities; and to dedicate the lease proceeds and revenue from air rights development for the repair, renovation, or new construction of public; AND

 

WHEREAS the act will allow private developers an opportunity to lease underutilized or unused public school green space for public-private development; AND

 

WHEREAS the schools Payne Elementary, Watkins Elementary, and Tyler Elementary have been highlighted as potential sites for future private-public development;

 

 

THEREFORE BE IT RESOLVED by the Commissioners of ANC 6B that:

 

  1. ANC 6B is in opposition to private-public development on the green space of the schools Payne Elementary, Watkins Elementary, and Tyler Elementary due to the fact that these properties are not underutilized or unused.
  2. ANC 6B believes it is critical to reserve the green space of the three schools mentioned above for present and future outdoor recreation space.
  3. ANC 6B understands that green space provides “breathing space” in urban living environments and “play spaces” for children to participate in recreational activities.
  4. ANC 6B is not in favor of development that deprives Capital Hill residents of local green space and naturalness.
  5. ANC 6B recognizes the absence, outside of the boundary of the Capital Hill historic district, of certain neighborhood protections that would reserve the character of our neighborhoods; therefore, we seek to preserve the aesthetic presence and the surrounding areas by prohibiting new development on school playgrounds and green space that could alter the fabric of our neighborhoods.

 

Supporters

ANC 6B Commissioners

Tommy Wells, District 3 School Board Member

 

The Resolution was seconded by Commissioner Cernich.  He stated that his only question was the limitation to Payne, Watkins and Tyler Schools.  He asked if Hines should be added even though they do not have any green space, they do have recreation space for the kids who go to school there and the tennis courts, and the open space that this used by the market on the weekend. 

 

Commissioner Russell stated that she was not sure where Hines will be in existence in five (5) years, therefore she did not include them.

 

Commissioner Jarboe stated that there are two (2) other things about Hines that comes into play.  One is if in fact they do get rid of Hines, that whole area is zoned R-4 for any commercial development and it is in the historic district, so there is a lot more leverage there to reconfigure it into commercial space.  He went on to say that at the public meeting last Saturday the specific concern was about the playground areas around Payne, Watkins and Tyler.

 

Commissioner Campbell asked if the Commission should not consider adding all of the schools in 6B.  He stated that he was concerned that the City may come back later and say that since the Commission’s Resolution only mentioned Payne, Watkins and Tyler they can then come back and open up the other schools in the area for this action.

 

Commissioner Russell stated that she thinks they would be safe because she is of the opinion that it will depend upon the amount of square footage that is available for development at each location.  Additionally, she stated that these three (3) schools have a lot of square footage available and that is why they were selected.

 

Commissioner Jarboe added that the bill only applies to public facilities, so it would not apply to any private schools.  He went on they say that there actually is some question whether the bill as drafted even applies to schools.  He stated that School Board Member Tommy Wells at the public hearing last Saturday, stated that he does not believe the bill will be binding on schools, because school property is not under the control of the Council, until and unless the School Board votes to surplus it.  They are not talking about surplusing the schools they are talking about keeping the land and doing something else with it.  He further stated that there was one other winkle that was brought up at the meet and that was at Payne, Watkins and Tyler part of the land sits on federal property.  They are sure about Tyler because the map shows that there is federal property underneath it.  Part of that land is on the tax roll as being owner by the United States of America.  If they try to use the land they will have to go to the Federal Government for approval.  Additionally, he stated that at least the Commission will be on records as making a statement “our green space is important and do not mess with it”.

 

The Chair asked all in favor of supporting the Resolution to raise their hands.  The vote was unanimous (7-0).

 

Historic Preservation Review Board – The Historic Landmarking of the Navy Yard Car Barn (Blue Castle)

 

Ms. Nancy Metzger of Capitol Hill Restoration Society addressed the Commission in support of the application to designate the Navy Yard Car Barn, known informally as the “Blue Castle”, which is located at the intersection of M and 8th Street, SE and pointed out that structure is the car barn that was associated with the cable cars.  Additionally, it is also one of the few remaining car barns that are associated with the entire history of the trolley cars in the District.  She also provided additional background information on the importance of keeping this historic structure in a handout.  She asked the ANC for a letter of support in making this structure part of the landmark designation.

 

Commissioner Jarboe stated that he wanted to make sure she got on the record the information under number three (3) of her handout, titled Miscellaneous, that in fact the owner of record knows about the nomination and occupants of the building also knows about the nomination.  Ms. Metzger confirmed that he was correct.  Commissioner Jarboe then mentioned that this nomination filed back in 2000, so it has been on record for almost 6 years.  Ms. Metzger then stated that once the landmark nomination had been filed the building had protection until the nomination is heard.

 

Commissioner Cernich moved that the Commission support the application to have the building designated at a landmark.  The motion was seconded by Commissioner Wright.  The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous (7-0).

 

ABC Committee

 

The Chair stated that the Commission did not have a separate ABC Committee Meeting last week because of scheduling conflicts.  There are two (2) items on the agenda and he turned the meeting over to Chair of the ABC Committee, Commissioner Wright.

 

Lic# 72023, The Old Siam – Substantial Change– change hours and add sidewalk café

 

Commission Wright stated the first item was Lic# 72023, The Old Siam, located at 406 8th Street, SE – substantial changes.  She asked owner Niti Kowitlawakul, who asked to be referred to as Joe, if he would describe what are the substantial changes he wanted to make.   He stated that he would like to change his operating hours for the inside on Sunday thru Saturday from 11:00 am to 12:00 am and to add a sidewalk café with the hours of operation being Sunday thru Saturday from 11:00 am to 11:00 pm.

 

The Chair asked if there were any comments from the community and there were none. 

 

The Chair then made the motion that the Commission supports the application of The Old Siam for Substantial Changes to their license.  The motion was seconded by Commissioner Jarboe.  The Chair then asked all in favor of the motion to raise their hands.  The vote was unanimous (7-0).

 

Lic#72633, 18th Amendment – Substantial Change – Change from “C” Restaurant to “C” Tavern

 

Mark Menard, co-owner of the 18th Amendment, which is located at 613 Pennsylvania Ave, SE, came forward and was asked to explain his request for a substantial change to his license.  Mr. Menard stated that they would like to change their license from a CR to a CT designation because they have been open since September 22nd and although their sales have been good, they have not been that much food sales as they would have liked.  He went on to say that they had made a couple of changes to their food menu in hoping that it would help increase sells, but it has not.  Therefore they would like to operate under a CT license because they are actually selling more percentage wise more liquor and beer than food.

 

Commissioner Cernich mentioned to Mr. Menard that the last time the appeared before the Commission to have their liquor license transferred they were told that the Commission would like to have a Voluntary Agreement signed by them.  Unfortunately, it was never done therefore the Commission would like to have one signed by them.  Mr. Menard said he would be more than happy to sign a Voluntary Agreement.

 

Commissioner Wright made the motion that the Commission supports the application to substantially change 18th Amendments license, subject to a Voluntary Agreement.  The motion was seconded by Commissioner Campbell. 

 

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

 

Treasurer Report on Commission’s Tax Issue

 

Commissioner Jarboe, Treasurer, stated that as he had reported in past meetings, the Commission has been battling with the IRS over back taxes on 941 payments that were not done correctly a few years ago.  He has gotten a number of letters from various IRS offices stating that they were working on it and they have sent it off to another office.  There are two (2) in which they have come to some type of resolution.  They do not tell the Commission what they have do the resolve the issue, they just reduced the number.  In one case they reduced it to $4.02 and in another case, were he ask them to remove the penalty, they would not remove or reduce it because the 941 deposit was made incorrectly.  On that particular one he would like to get this over with on these two (2) items, and just pay them.  He then made the motion that the Commission authorize the payment of $311.43 for penalty and interest for the tax period ending March 31, 2002, and $4.02 for the tax period ending June 30, 2003.

 

Commissioner Jarboe explained that the penalty and interest is being charged because past executive directors have not always file the proper forms and when payments were sent in the IRS would apply the payment to one period and come back the next period and say we owe them money and we have a refund in one period, we cash the check and the come back the next period and say we owe them.  So, it has been a back and forth over the years with the IRS trying to resolve these issues.  Therefore, he is in favor of just paying them for these two and being done with it.  However, there are still two (2) others he is still working on.

 

Commissioner Jarboe’s motion was seconded by Commissioner Russell.

 

The Chair then asked all in favor of Commissioner Jarboe’s motion to raise their hands.  The vote was unanimous (7-0).

 

Election of Eastern Market Community Advisory Committee Representative

 

The Chair stated that it would be an appointment and that he had just had some people to express an interest in the position and he will be announcing who will be filling it in the near future.

 

Committee reports and announcements

 

Commissioner Thomas requested an extended leave of absence for medical reasons.  This was accepted under the bylaws.

 

Adjournment

 

There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of April 11, 2006.  The motion was seconded, and the vote was 7 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: