Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

May 9, 2006

 

 

Commissioners Present: Julie Olson, Antonette Russell, Neil Glick, Francis Campbell, Scott Cernich, Ken Jarboe, Mary Wright, and Executive Director, Bert Randolph

 

Commissioners Absent: Will Hill and Sandra Brown Thomas

 

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

 

There was a quorum for conducting business.

 

Adoption of Agenda

 

The Chair stated that there were a couple of additions to the agenda.  Under Planning and Zoning Committee BZA case # 17497, 516 5th Street, SE is being moved to the June agenda.  Another case needs to be added to the agenda, HPA case # 06-283, 1353 E. Capitol Street, SE, construction of a rear 2-story addition to a SF semi-detached rowhouse.  Also under the Committee Reports and Announcements will be adding a report from the Treasurer on the IRS tax payment.  Also adding after Transportation will be the Moms on The Hill’s request for a picnic at Garfield Park.

 

The Chair made the motion to adopt the agenda as amended.  The motion was seconded by Commissioner Olson.  The Chair asked if there was any opposition.  Hearing no opposition, the Chair stated the agenda will be adopted as amended. 

 

Special Election – Candidate Introduction

 

The Chair stated that there are three (3) candidates for Commissioner of ANC 6B-01.  There are Martin Waugh, Dyanne Branand, and David Garrison.  Each candidate will have three (3) minutes, if they desire, to address the meeting.

 

The first was Mr. Waugh and he gave a brief description of his background and stated that he was running because he thought no one else would be running.  However, now that he sees that others are running he is prepared to support Dyanne Branand and asked those who were planning to vote for him to instead cast their votes for her.  He stated he wanted to make sure the Commission would consider the main request from the people who signed his petition.  That request was because of being so close to the Capitol they wanted to receive, in the case of an emergency, a clear evacuation route in their mailboxes.

 

Ms. Branand was next on address the Commissioners and community.  She stated she has lived in the same neighborhood on the same block for over 30 years and has raised her children here.  She talked about the growth in her neighborhood and the city and she has a good background on these types of issues and wants to help continue that growth.  She went on to say that she has extensive governmental experience and has spent most of her life advocating for others and wants to continue that effort.  She stated that she is a real estate agent and that position allows her to deal with most of the issues the Commission is concerned with and being an agent would allow her flexibility with her time to deal with to do follow-up on issues effecting the Commission.

 

David Garrison stated that he has been associated with Capitol Hill since he moved to DC from Massachusetts in 1965.  He went on to describe the various locations he and his wife have lived in during his tenure on Capitol Hill.  He sent his children to school on the Hill, coached children and adult sports, renovated a couple of homes, and various other community activities and organizations. 

 

He went on to explain his extensive background working on urban issues with various city, state and federal organizations.  He currently is a Senior Fellow at the Brookings Institution and has worked on a variety of District of Columbia issues such as housing, neighborhood development, health care, reducing poverty in the city, and improving the city’s Capitol Budget process especially dealing with school facilities.  He wants the opportunity to work with others to help improve life on Capitol Hill.

 

The Chair invited the candidates to view the closing of the ballot box and the voting process will begin.  He then stated that the election was opened to registered votes in 6B01 only, and their names will be checked off the registered voters list.  The poll was opened.

 

Gottlieb Simon, the head of the Office of Advisory Neighborhood Commissions, and his assistant, Mark White served as the election officials.

 

Community Speakout

 

Mr. Bryan Cassidy rose and stated that he has attended several meetings to discuss illegal construction activities at 724, 740, and 742 13th Street, SE and wanted to know the status of his complaint.

 

The Chair responded that at this time it is an enforcement action by DCRA and that the Commission is here to monitor that and to make sure they proceed with enforcement action as appropriate.  The Chair stated that Mr. Cassidy had the name and contact number for the inspector at DCRA who is dealing with this issue.

 

Mr. Cassidy wanted to know at what point the issue will come before the ANC.  The Chair responded that it will come before the Commission if the property owners need any type of zoning approval in order to do their work or if it is part of the Historic District.  If this is a as of right and they do not require any type of zoning approval and since it is outside of the Historic District, then they would be applying simply for building permits and those sorts of things through DCRA and that would not come before the Commission.

 

Mr. Cassidy then asked for a contact number of inspector Solberg. 

 

At that point the MPD Officers in attendance announced that inspector Solberg is not long the 1D1 inspector.  Inspector Kevin Kegan introduced himself as the officer who will be taking the place of inspector Solberg and he could be reached at 202.698.0068.  Inspector Kegan went on to say that Officer Solberg has been promoted to the acting commander position in the Second District, therefore any questions and issues should now be directed to him at 1D1.  Officer Kegan stated that he is a native Washingtonian and has been on the force for almost 25 years and he was last in charge of traffic, alcohol, and he ran high crime units in hot spots.  He stated he is been an inspector for over a year, but they asked him to take over officer Solberg’s position in 1D1 when he left.

 

Lt. Kenneth Parker introduced himself as being in charge of PSA 106, which is from 6th Street, SE to 13th Street, SE and everything south of East Capitol Street to the river.  He has worked in PSA 106 for a number of years.  He is newly promoted to the position of Lieutenant in February of 2006.  He invited everyone to attend PSA meetings.  He went on to say that the officer who was in charge of PSA 105, which is from S. Capitol Street to 6th Street, SE down to the river, has retired and he will now be in charge of that PSA until a new office is named.  Lt. Parker gave his phone number as 202.698.0068 or 698.0090.  Officer Parker stated that PSA 106 meeting are usually at 7:00 pm the first Tuesday of each month.  He is expecting the next meeting to be held at Cesar Chavez Charter Public School, which is handicap accessible.

 

Patti Shea, who lives across the street from Garfield Park, stated that the fence around the old shed that was recently torn down needs repair.  The electrical that services the sprinkler system needs repair and she requested that someone contact Parks and Recreation about making the repairs.  Additionally, she observed the people who were moving the lawn and they were actually racing each other while doing the lawns and they broke a tree limb and when they go around the trees they dig up the roots, which is destructive to the plants in the park.  Therefore, she is asking that someone on the Commission contact Parks and Recreation to put a stop to this practice. 

 

Commissioner Olson stated that she will write a letter to Parks and Recreation to express the Commission’s concerns.

 

A constituent rose and stated that she was working with Susan Drake and the Mothers on The Hill and they are seeking a letter of support to hold a picnic at Garfield Park on June 17th.  They were instructed by Parks and Recreation that they would have to secure a letter of support for our ANC. 

 

Commissioner Jarboe asked her to provide the Commission with a brief overview of what they were planning to do at the picnic.  She responded that they are expecting approximately 100 MoTHs and their families.  Including setup and cleanup time and the actual picnic, they are anticipating using the park from 2:00 pm to 8:00 pm.  There will be no moonbounce, band, or DJ.  The picnic will feature some low key activities for the kids, such as a billon toss and three-legged races.

 

Commissioner Olson made the motion that the Commission supports the permit application for the June 17th picnic.  Commissioner Jarboe made a friendly-amendment that they make sure proper cleanup is done after the event, which was accepted.  The motion was seconded by Commissioner Cernich.

 

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

 

A constituent who lives at 1439 S. Carolina Ave, SE, rose and stated that he was present to discuss the parking signs that went up this week in the 1400 block of Carolina Ave, SE.  He stated that there has never been parking signs at that location before, but the problem is they put up No Parking on one side coming off Mass. Avenue that comes around to S. Carolina Avenue and on the other side, going east towards Independence Avenue, they have placed residential decal parking signs, which makes no sense.  He went on to say that he has lived there since 1957 and there has never had a problem with the churches in the area, but now he feels there will be a problem for the churches at 14th Independence and 14th S. Carolina Avenue.  He stated that by taking the parking spaces out of those two (2) blocks, which were previously unrestricted parking area, they have created a parking problem by putting up the no parking signs. 

 

Commissioner Glick asked a couple of questions seeking to make sure he understood exactly where the speaker was making reference.  He then asked Chris Delfs, who is the Ward 6 Transportation Planner for DDOT, if he would look into this situation and report back to the Commission.

 

Commissioner Jarboe stated that the reason the signs went up was because the Commission had received calls from people who lived in the area who were concerned with parking based upon the new baseball stadium traffic, so they must have thought that adding the no parking signs would help.

 

Chris Delfs asked if there were ever signs in the area before and the constituent responded by saying no.

 

The speaker stated that his problem is the no parking signs because they are eliminating parking for the churches in the area and there does not appear to be a good valid reason for doing so.  He went on to tell the Commissioners of his extensive background in traffic planning in various cities and he is currently in business a traffic consultant and understands full well traffic issues.  He stated that the reasoning he was given for placing the signage up was because of a safety problem, but based upon the amount of traffic passing through the area during the day it can not be a safety issue because it has not been one for 37 years.

 

The Chair informed the speaker that Chris Delfs should be his primary contact on the issue and he asked him to please keep the Commission informed of his discussions with Chris.  He then asked Mr. Delfs if he would get back to the Commission with his findings.

 

Community and Commission Announcements

 

None

 

Presentations

 

Center For Science In The Public Interest – DC Menu Education and Labeling (MEAL) Act – Claudia Malloy, Director of Grassroots Lobbying

 

Ms. Malloy spoke about a bill that has been introduced in the DC City Council, which is called the DC Menu Education and Labeling (MEAL) Act of 2005 (B16-0495), that would require fast-food and chain restaurants in DC and with 10 or more locations nationwide to list the calorie, saturated and trans fat, carbohydrates, and sodium contents of their menus and calories on menu boards, where space is limited.  No locally-owned mom and pop restaurants would be affected.  She is seeking the support of ANC6B in getting this bill passed.

 

The bill has the support of a majority of Council members.  She went on to explain that the District is facing a health crisis with over half of its residents overweight or obese.  As a consequence the residents also have extremely high rates of diabetes, heart disease and cancer.  She provided the group with several examples of a tuna fish sandwich has more than 50% more calories than a roast beef sandwich or a McDonald’s small chocolate milk shake has more calories than a big Mac.  Many were surprised to hear of the calorie difference associated with these products.  She mentioned a few of the local organizations and individuals who are supporting the bill.  She also provided everyone with additional information on the Act and list of other supports.  She then circulated a petition seeking signatures from the community in support of the passage of the bill.

 

Commissioner Olson asked if this was something they were planning to do nationwide.   Ms. Malloy responded that was correct in that there is a Federal bill and there is also legislation in 17 states and cities on this issue.  Commissioner Olson then asked if she was getting support from the Department of Agriculture and her response was no.

 

Commissioner Jarboe asked how they were defining fast-food restaurant.  She stated they were National Restaurant Association’s definition.  There definition is for one or more restaurants with the same name and ownership, but they have expanded it to ten (10) because they think one or two is too strong.  It does not apply to the individual franchise if it is a chain.

 

Commissioner Jarboe made the motion that the Commission sends a letter of support for the bill.  The motion was seconded by Commissioner Olson.  The Chair asked all in favor of the motion to raise their hands.  The vote was 5-0-1.

 

Planning and Zoning Committee

 

The Chair turned the meeting over to the Committee Chair, Commissioner Campbell.  Commissioner Campbell read the Committee Report:

 

HPA #05-402 – 801 Virginia Ave. S.E., Follow-up Traffic Plan Review; Michael Hatchett, ICP Partners; and Kenneth M. Maggin, Maggin Construction Company

 

The presenters showed their traffic plan for the construction site located at 801 Virginia Ave. SE.  Included in their plan was the use of public space to accommodate construction activities. An area approximately 9ft by 160 ft of public space on the north side of L Street, SE, and a similar size area on Virginia Ave SE., will be needed.  There will also be a construction trailer located on site.  A construction fence located on the 8th Street side of the project will require the relocation of the present metro bus shelter & stop.  Construction may start in late May of 2006.

 

One concern voiced by the Committee is the potential impact the construction may have on the businesses located across the street from the project, but Mr. Hatchett gave assurances that they will meet with these businesses to mitigate any potential adverse effects their construction may have on them.  As no other concerns were voiced by members of the Committee, it recommends the approval by the full ANC of this project’s traffic plan and any necessary Public Space applications.

 

Commissioner Campbell asked if Mr. Hatchett or anyone from Maggin Construction was present, they were not.  He then asked if there were any comments from the community regarding this project and there were none.

 

The Chair stated that this recommendation from the Committee comes before the Commission as a motion requiring no second.   He then asked all those in favor of adopting the Committee’s report to raise their hands.  The vote was 5-0-1.

 

Note: The representative for this case did appear just as the vote was being taken.

 

HPA #06-283  1353 East Capitol St SE. – Construction of a two-story rear addition to a SF Semi-detached Row House

 

Robert & Mary Beth Gosselink, owners, propose to build a two-story rear addition to their home at 1353 East Capitol St. SE.  The rear addition will require the demolition of the existing rear basement, rear porch, rear first and second floors. The new addition will consist of a new basement, with bedroom, new first floor with kitchen and new second floor with two bedrooms. The addition is not visible from the street or the alley.  The applicant has letters of support for their proposed addition from neighbors at 1351 and 1355 East Capitol St. SE.  There exist no issues of concerns from the Committee or community members, therefore the Committee recommends this project for approval to the full ANC.

 

Commissioner Campbell asked if Mr. Gosselink was present.  He was not.  He then asked if anyone in the community had any comments regarding the project, and there were none.

 

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

 

The Chair then announced that if anyone has not voted yet, there was 3 minutes remaining.  He then stated that if anyone was in line at 8:00 pm they will be allowed to vote.

 

ABC Committee

 

The Chair then turned the meeting over to Commissioner Glick the Vice Chair of the ABC Committee.

 

Commissioner Glick read the Committee Report:

 

Commissioner Glick requested that if there were representative from the various businesses present to please stand when their business name is called.

 

Gandel’s Liquors

 

Gandel’s sent a representative to the meeting. There were no questions or issues.  The Committee suggests no opposition to their renewal.

 

There was a representative from Gandel’s present.

 

Commissioner Glick asked if there were any comments from the audience regarding the renewal of Gandel’s license.  There was none.

 

The Chair stated that the Committee recommends not opposing the renewal, so he asked all in favor of adopting the Committee’s report to raise their hands.  The vote was unanimous (6-0).

 

Hayden’s Inc.

 

No representative was present at meeting.  The Committee suggests no action on their renewal.

 

Commissioner Glick asked if there was anyone present to represent Hayden’s and there was none.  He then asked if there were any comments from the community regarding the renewal of the license.  There was none. 

 

Commissioner Jarboe stated that Hayden’s boarders on his SMD and in Commissioner Wright’s SMD and he has received no complaints.

 

The Chair asked all in favor of adopting the Committee’s recommendation to take no action to raise their hands.  The vote was unanimous (6-0).

 

Chat’s Liquors

 

No representative was present at meeting.  The Committee suggests no action on their renewal.

 

Commissioner Glick asked if there was anyone present to represent Chat’s and there was none.  He then asked if there were any comments from the community regarding the renewal of the license.  There was none. 

 

Commissioner Olson stated that they are in here SMD and that they were no problems associated with them that she was aware of, although they still sell singles but it is not a bad as it us to be.

 

The Chair asked all in favor of supporting the Committee’s recommendation to take no action to raise their hands.  The vote was unanimous (6-0).

 

Albert’s Liquors

 

Mr. Avtar Singh was in attendance representing Albert’s.  There were numerous complaints about the loitering and the lack of peace, order and quiet that occurs at the back of the store (along 14th Street SE).  Mr. Singh after hearing all the complaints by neighbors, agreed to sign a Cooperative Agreement with ANC 6B.

 

The Committee suggests no opposition to the renewal of the license if the Cooperative Agreement is signed by Albert’s Liquors.

Commissioner Glick asked Mr. Singh if he had reviewed the Cooperative Agreement and if he was will to agree to it.  Mr. Singh responded that he had seen it, but had not signed it yet, but is will to do so now.  A copy was presented to Mr. Singh and he did sign it.

 

Commissioner Glick asked if there were any neighbors that had any opposition to the renewal.  He then offered that the Committee received a lot of complaints and felt that they were situations were the police should be involved in resolving them.  Therefore, he encouraged people who have issues with the activities around Albert’s Liquor to contact the police and make them aware of the situation.  He also stated that loitering is not illegal under the laws of the District of Columbia.  He went on to say that if residents would like to see this changed they should contact their City Council person.  He also stated that public drinking is illegal and not encouraged.

 

Commissioner Glick stated that Mr. Singh has been very willing to listen and work with his neighbors to resolve problems with his establishment.

 

The Chair asked all in favor of supporting the Committee’s recommendation to not oppose the renewal of the license, providing a Cooperative Agreement is signed, to raise their hands.  The vote was unanimous (6-0).

 

World Liquors

 

Mr. Richard Lee came to represent the store.  Mr. Lee explained he is about to remodel the store to make it more customer friendly.  The Committee suggests no opposition to their renewal

 

Commissioner Glick asked if anyone in the community has any questions or comments about World Liquors’ renewal of their license.  There were none.

 

The Chair asked all in favor of adopting the Committee’s recommendation to no oppose the renewal to raise their hands.  The vote was unanimous (6-0).

 

S&J Liquors

 

The S&J Liquors was represented by Mr. Do Ko.  Mr. Ko was asked why S&J uses white paper bags to sell singles even though their liquor license specifically states that they are ordered by ABRA to use ‘clear or translucent bags’ for all sales of singles.  Mr. Ko stated he will stop using the white paper bags.  The Committee suggests no opposition to their renewal.

 

Commissioner Glick asked Mr. Ko if he had stopped using the white paper bags.  He responded that he had.  He then asked if there were any questions or comments from the community regarding the renewal of the license, there were none.

 

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

 

Congressional Liquors

 

No representative was present at meeting.  The Committee suggests no action on their renewal.

 

Commissioner Glick asked if there were any representatives from Congressional Liquors present and there were none.  He then asked if there were any questions or comments regarding the renewal of the license and there were none.

 

The Chair asked all in favor of supporting the Committee’s recommendation to take no action to raise their hands.  The vote was unanimous (6-0).

 

Finn MacCool’s

 

Commissioner Glick presented the Committee report.  Finn MacCool’s seeks an entertainment endorsement for Disc Jockey, Irish Music, Cover Charge and Live Entertainment Sunday through Thursday 6:00pm-1:00am and Friday and Saturday 6:00pm-2:00am. 

 

It was explained that the DJ would be for private events upstairs. MacCool’s is required to seek this new endorsement as part of the new regulations and that they are not seeking to change their operations other than the DJ.

 

The Committee requests clarification on meaning of DJ and live music, and the Committee recommends that these endorsements are limited to two nights per month and no dancing.

 

There was no representative from Finn MacCool’s present.  Commissioner Glick then asked if anyone from the community had any questions or comments regarding the requested changes.  There were none.

 

Commissioner Olson stated that Finn MacCool’s is in her SMD and she had some concerns.

 

The Chair asked Commissioner Glick about the Cover Charge issue and what where their comments regarding this.

 

Commissioner Jarboe stated that it was it understanding that other than the DJ, it is everything they are allowed to do presently, and ABC now required them to get a separate Entertainment Endorsement, but is essentially what they had before, including cover charges in their original license.  The thing that is new is the expansion of the DJ.  He went on to say that what worries him the most is that the notice the Commission received said that the notice from ABC includes dancing and but the representative from Finn MacCools said they were not asking for dancing.  Commissioner Jarboe stated that he would not have any problem supporting it as long as the DJ is limited to two (2) days per month.  He further stated that the representative from Finn MacCool’s stated that that would be acceptable to them because they were talking about special events and that there is no dancing.  He reminded everyone that this was the site where Sheridan’s was located before and as far as he can tell they are not asking for anything that Sheridan’s did not already have.  Commissioner Olson added except dancing.  Commissioner Jarboe responded that Sheridan had dancing and therefore Finn McCool is not asking for all that Sheridan’s had.

 

Commissioner Glick stated that he had some concerns because people are always complaining about 8th Street becoming a nightclub zone and they do not want it to become another Adams Morgan and the fact they Finn MacCool’s does not have a representative present at the meeting tonight is troubling to him.  Commissioner Olson agreed with his concerns.

 

Commissioner Wright asked if they were notified of the meeting.  Commissioner Glick responded that they were notified because their representative was at the Committee meeting and was instructed to return to the full ANC meeting tonight.

 

Commissioner Campbell asked for a clarification in that they were requesting two (2) weekends per month and the Committee recommended two (2) days per month and he wanted to make sure the Commission indicated two (2) days per month only.

 

Commissioner Jarboe asked when was the hearing date and Commissioner Glick responded that it was May 31, 2006.  Commissioner Jarboe then stated that the Commission must take action to oppose this if it was to be workout out at the hearing.

 

The Chair agreed and suggested that the wording could be that Commission would support an endorsement that does not differ at all from their prior license.  Commission Jarboe suggested that the Commission oppose it unless it is limited to exactly what they do now and there is no dancing allowed and the DJ is limited to two (2) nights per month.

 

The Chair voiced his concerns for having a cover charge was and the potential for problems in the future.

 

Commissioner Campbell stated that the Committee’s request was that the DJ would be restricted to 2-night per month and it be for private parties only.

 

Commissioner Jarboe also requested that the Commission seek clarification on the issue of cover charge, stating the concern is that by being able to have a cover charge they have to potential of becoming a nightclub.  The Chair stated that he did not have a big problem with the cover charge, but he wanted to make sure everyone had an understanding of the potentials and his biggest problem was that they did not come and explain exactly what their plans were.

 

Commissioner Olson made the motion that the Commission oppose the Entertainment Endorsement until the Commission get clarification and that it included the recommendation that the endorsement is limited to 2 nights per month and there be no dancing and an explanation of the cover charge situation.  Commission Campbell seconded the motion.

 

Commissioner Jarboe stated that once the Commission opposes this endorsement, it would be in the contested hearing process and as part of that phase the Commission would be working out an agreement.  He went on to say that one of the things the Commission might do in the agreement is to limit the number of days they can have cover charges.

 

The Chair then asked all in favor of the motion to oppose the endorsement until the Commission obtains clarification including 2-night per month private party, no dancing and an explanation of the cover charge status, to raise their hands.  The vote was unanimous (6-0).

 

Pour House

 

The Pour House requested a temporary extension of hours for World Cup Telecasting from June 9th through July 9th for 8:00am or 10:00am on selected days.

 

The Pour House did not send a representative to the meeting. The Committee suggests no action on this.

 

Commissioner Glick asked if there was a representative of the Pour House present.  Mr. Mark Menard rose and addressed the Commission.

 

Mr. Menard stated that they are seeking the option to open up and serve food, alcoholic beverages and non-alcoholic beverages for all of the World Cup Activities, which starts on June 9th and ends July 9th, there is not a match everyday and it is being broadcasted live from Germany, thus the need for the early morning opening hours.  He went on to say that this request for the change in opening hours is not something they want permanently because it games will not be held until 4 years from now.  He also stated that his location would be only one on Capitol Hill that will be broadcasting the live feed.

 

Commissioner Jarboe asked Mr. Menard if this would be similar to what Capitol Lounge did four years.  His response was yes.  Commissioner Jarboe asked if he was not seeking to extend his evening hours.  His response was that he was not.  He was then asked what his normal opening hours were.  He responded that they do not normally open until 4:00 p.m. on weekday and 10:00 am on the weekends.  However, he believes his actual licensed opening hours are for 11:00 am during the week and 10:00 am on the weekends.  To which Commissioner Jarboe stated that it appeared that the request was only to open for a couple of hours earlier on certain days.

 

Commissioner Wright made the motion that the Commission supports the request to extend their hours.  The motion was seconded by Commissioner Olson.

 

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

 

Transportation

 

Traffic Claming Study – C Street, SE, Between Kentucky Avenue and 13th Street, SE

 

Commissioner Glick stated that the Commission has been having a lot of issues with Kentucky Avenue because people are using it as a speedway and there are not sufficient stop signs or all way stops.  He went on to say that he has written to Chris Delfs, Ward 6 Transportation Planner, regarding this because he has received several complaints from constituents over the years about the need for stop signs at various locations in that area.  He is therefore requesting that the Commission supports the neighbors’ request of DDOT that a traffic calming study be done for Kentucky Avenue from Mass. Avenue, SE to 14th Street, SE.  The motion was seconded by Commissioner Campbell.

 

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

 

A discussion continued with Chris Delfs regarding the need for additional focus on traffic situations involving various hot spots throughout the area.  Commissioner Jarboe stated that he has had several discussions with Mr. Delfs about the corner of Kentucky and East Capitol, were there was a serious accident just recently.  He went on to say that he was sure that each Commissioner had several hot spots and particular egress problems in their SMDs and he would not like to limit the Commission’s request to one or two hot spots in a hit-or-miss fashion.  Mr. Delfs suggested that the Commission send him a list of the specific areas they would like for them to look at.

 

Commissioner Olson commented that the Capitol Hill Transportation Study does not include most of her SMD.  To which Mr. Delfs responded that the boundaries had been expanded to cover down to the freeway and to First Street.

 

The Chair stated that since the Commission has already voted on the other traffic study, a new letter should be written to DDOT regarding the various hot spots.

 

Commissioner Jarboe made the motion that the Commission submit a letter to DDOT requesting traffic calming studies for specific hot spots within each Commissioner’s SMD.  The motion was seconded by Commissioner Cernich.

 

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

 

Special Election Results

 

The Chair announced that the voting had been completed and that there was a tie between Ms. Branand and Mr. Garrison.  He further stated that the winner was decided by lots and Mr. Garrison is the new ANC 6B01 Commissioner. 

 

Commissioner Olson asked what the vote count was for each.  The Chair stated that both candidates received 42 votes.

 

Commissioner Russell wanted to know how the lots were determined.  The Chair stated it was by the drawing if a name, which was Mr. Garrison.  He went on to say that all the candidates are aware of the winner because they were present at the time of the drawing.

 

The Chair stated that the Commission has a resolution it now needs to submit to the Board of Elections and Ethics regarding the outcome of the Special Election.  He read the following resolution:

 

A Resolution Concerning the Filling of a Vacancy in 6B01

May 9, 2006

 

The Board of Elections and Ethics informed ANC 6B that the only three candidates who qualified to fill the vacancy in SMD 6B01 were Dyanne M. Branand, David Garrison, and Martin E. Waugh;

 

The Commission therefore conducted an election on May 9, 2006 at the Old Naval Hospital, 921 Pennsylvania Avenue, SE;

 

The winner of the election was David Garrison.

 

Resolved, therefore, that ANC 6B requests that Board of Elections and Ethics declare the vacancy filled by David Garrison by publication in the District of Columbia Register; and,

 

Resolved further, that copies of this resolution also be sent to the Council, the Mayor, and David Garrison.

 

The Chair made the motion that the Commission adopts the resolution.  The motion was seconded by Commissioner Olson.  The Chair asked all in favor of motion to raise their hands.  The vote was unanimous (5-0).

 

Commissioner Jarboe asked Gottlieb Simon, who functioned as the head of the election officials, if he, as the head of the Advisory Commissions, would inform the newly chosen Commissioner of the necessity to be sworn-in by council member.

 

Committee reports and announcements

 

Treasurer – IRS Tax Payment

 

Commissioner Jarboe announced that there remains one outstanding issue with the IRS dealing with the tax period ending June 2002, where the Commission had paid the principal but they were assessing the Commission about $700.00 worth of penalties and interest.  He had appeal the assessment twice, once to the IRS and then to the IRS Appeal Board.  The Commission did get a notice dated April 14th from the appeal officers stating that they are removing the penalty.  However, they can not remove the interest, which is $146.37.  The principal already paid back in October was $1,100.00.  He then made the motion that the Commission pay the IRS the $146.37.  The motion was seconded by Commissioner Glick. 

 

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

 

Adjournment

 

There was not further business and Commissioner Cernich made the motion that the meeting be adjourned until its next meeting date of June 13, 2006.  The motion was seconded, and the vote was 6 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: