Adopted Minutes

Advisory Neighborhood Commission 4B

November 29, 2007 Public Meeting - Adopted on January 24, 2008



The meeting began at about 7 p.m. at Emery Recreation Center, 5701 Georgia Avenue, N.W., Chair Blondine Hughes (4B05) presiding.  Also present were Commissioners 4B01 Sara Green, 4B02 Faith Wheeler, 4B03 Frederick Grant, 4B06 Gloria Palmer, 4B07 Judi Jones, 4B08 Yvonne Jefferson, and 4B09 Douglass Sloan.  A quorum was present for all votes.



1) Commissioner Palmer read proposed rules for the Special Election to fill the vacant 4B04 seat and the Commission agreed to adopt them. The rules are:


Date and Place of the Election:  The election will be held during the regularly scheduled monthly meeting of ANC 4B on November 29, 2007.  The meeting will be held at Emery Recreation Center, 5701 Georgia Avenue, N.W.


Eligibility to Vote:  The election will be open to registered voters of SMD 4B04 only.  Potential voters must present themselves at the polling place and must have either a voter identification card showing that they are registered to vote in SMD 4B04 or be listed as a voter in SMD 4B04 on the voter registration list provided by the Board of Elections and Ethics (BOEE).    There will be no absentee ballots.


The Candidates: The order* of the names on the ballot will be decided by alphabetical order.  On the day of the election, each candidate will be given a place outside the meeting room at which they or their representatives will be able to greet voters and answer questions.  No electioneering will be permitted inside Room 200 of the Emery Recreation Center. Ballots may only be cast for candidates certified by the BOEE; in accordance with the ANC law there will be no write-ins.


Eligibility of Voters: As voters enter the meeting room, they will be checked to determine whether their name is on the BOEE voter registration list or whether they have a voter identification card indicating they are registered in SMD 4B04.  If their name is on the list, they will enter their signature on the list opposite their name.  Those whose names are not on the list but who have a voter identification card will enter their names, addresses, and signatures on a separate sheet. 


Voting:  Casting of ballots, supplied by the ANC, will commence at 7:00 p.m. A ballot box will be placed in the meeting room where it can be observed by all present at the meeting.  The candidates or their representatives will check the ballot box before voting begins to assure that it is empty.  Each candidate will be permitted one observer (the candidate or a designee of the candidate) to observe the voting process, but the



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observer will not be permitted to interrupt or interfere with the voting, and will not be permitted to communicate directly or indirectly with any voter.  All ballots must be placed in the ballot box or returned to the election manager, who will make note of the returned ballot and the reasons for it.  The election manager will have authority to replace spoiled ballots.  The Chairperson shall appoint the election manager.  Voting will continue until the polls close at 8:30 p.m.  Anyone still in line waiting to register at 8:30 p.m. will be allowed to vote if otherwise qualified.


Counting the Votes:  The ballot box will remain closed until the polls have closed.  After the voting ends, the ballot box will be opened, and the votes will be counted by at least two impartial vote counters.  The candidates or their representatives may observe the counting of the votes.  The results will then be submitted to and read aloud by the Chairperson of the ANC.  The election manager will report to the Commission any unresolved issues not addressed by these rules.  The Commission will take action to resolve these issues before the end of the meeting.  In the event of a tie vote, the candidates or their proxies will cast lots (e.g. draw slips of paper from a box) to determine the winner.  In the event of any incident or occurrence that threatens the conduct or fairness of the election or the vote count, the election manager will be authorized to suspend the balloting or counting


Filling the Vacancy: Following the results of the election, the ANC will vote on a resolution stating the name of the winner and asking the Board of Elections to declare the vacancy filled.


Mr. Gottlieb Simon, the Executive Director of the Office of Advisory Neighborhood Commissions, supervised the election.  He held up the empty ballot box and closed it.  The election began at about 7:15 p.m.


2) In a unanimous show-of-hands vote on a motion made by Commissioner Green, the following agenda was adopted: 1) Roll Call, 2) Rules For The Election, 3) Agenda,

4) Minutes, 5) Treasurer's Report, 6) Police Report, 7) Community Concerns, 8) Grant Reports, 9) Licensed Group Homes Resolution.


3)  In a unanimous show-of-hands vote on a motion made by Commissioner Grant, the Commission adopted the minutes for the November 8, 2007 Special Meeting, with two amendments.


The second sentence of the last paragraph on page one will read: " She noted that there are missing documents and that she needs data from the Fourth Quarter of Fiscal Year 2006 to complete that quarterly report as well as the First Quarterly Report for the Fiscal Year 2007."




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The last sentence of the first paragraph on page two will read: "Commissioner Green said she reviewed the bills with Commissioner Grant and is concerned about late fees."


4)  In a 5-1-2 roll-call vote, the Commission agreed to Commissioner Jefferson's motion to adopt the Treasurer's Report.  Voting "yes" were Commissioners Grant, Hughes, Palmer, Jefferson, and Sloan. Voting "no" was Commissioner Green.  Commissioners Wheeler and Jones abstained.


Treasurer Palmer verbally reported that, as of August 31, 2007, the Checking Account balance forward is $51,550.19.  The Commission spent $1,986.87 from August 31, 2007 to September 28, 2007.  The ending balance, as of September 28, 2007, is $49,564.05.  As of September 28, 2007, the savings account balance is $42,250.47.


Treasurer Palmer said she submitted available documents for the Second and Third Quarters of Fiscal Year 2007 to the Office of Auditor and is waiting for that office to send a list of the missing documents.  Documents from 2006 are missing, she explained. She said she has started to work on the Fourth Quarter and the First Quarter of the next year.


Two residents, Ms. Regina Page and Mr. Paul Montague, asked about the documents missing from 2006.  Commissioner Wheeler, who was the treasurer during that period, said that the invoice from the Berean Baptist Church was the only missing document.  Treasurer Palmer said that bank statements and Verizon bills were missing.  Mr. Montague said he didn't understand why the problem was unsolved since 2006.


5)  In a unanimous roll-call vote, the Commission agreed to Commissioner Green's motion to require that the ANC 4B Treasurer submit Treasurer's Reports in writing (either in typed or handwritten form) and distribute them to Commissioners at the executive meeting so that they could be reviewed well before the Commission is asked to vote to adopt them.


Commissioner Wheeler explained that this was the practice in the past.  Commissioner Grant said that the advance requirement would create a lot of work for the Treasurer.


6)  In a 7-1-0 roll-call vote, the Commission adopted a resolution declaring Malik F. M. Johnson the winner of the election to fill the vacant ANC 4B04 seat. The vote tally showed that Mr. Johnson received 16 votes and Ms. Kathy Deboe received seven votes. 


Voting "yes" were Commissioners Green, Wheeler, Grant, Hughes, Palmer, Jefferson and Sloan.  Commissioner Jones voted "no."




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The resolution states that:


"The Board of Elections and Ethics informed ANC 4B that the only candidates who qualified to fill the vacancy in SMD 4B04 were Kathy L. Deboe and Malik F. M. Johnson;


The Commission therefore conducted an election on November 29, 2007 at the Emery Recreation Center, 5701 Georgia Ave., NW;


The winner of the election was Malik F. M. Johnson.


Resolved, therefore, that ANC 4B requests the Board of Elections and Ethics declare the vacancy filled by Malik F. M. Johnson 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 Malik  F. M. Johnson. "


Commissioner Jones said she did not know about the election and that she received calls complaining about the lack of notification.


A 4B04 resident said she was not notified in a timely manner and that turnout was small. Chair Hughes said that notices were delivered by the candidates. 


Commissioner Grant said that even when notification is made, turnout can be small. He noted that he personally delivered 660 flyers prior to his special election last year but only 16 people voted.


Commissioner Jefferson thanked everyone for attending and she would send everyone who gave her their address meeting notices.


7)  In a 5-3-0 roll-call vote, the Commission approved Commissioner Green's resolution to oppose a zoning regulation change currently before the D.C. Zoning Commission. That regulation would eliminate the requirement that licensed group homes with six or fewer residents obtain a certificate of occupancy.


Voting "yes" were Commissioners Green, Wheeler, Jones, Jefferson, and Sloan. Voting "no" were Commissioners Grant, Hughes, and Palmer.







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The resolution states that:


"Advisory Neighborhood Commission 4B opposes the Text Amendment to
Eliminate the Certificate of Occupancy Requirement for Community Based
Residential Facilities (CBRFs) Housing Six or Less Persons with
Disabilities that is currently before the D.C. Zoning Commission.


We have heard from the members of Concerned Neighbors, Inc. (CNI), a community organization in North Takoma that has about 10 licensed group homes currently operating within its neighborhood.  CNI opposes the draft regulation change.


We agree with CNI. The Certificate of Occupancy requirement is a necessary safeguard to insure that all licensed group home residents, including those who are physically and mentally challenged, live in safe and structurally sound facilities. Group homes are a business and should be monitored and subject to the same regulations and requirements as any other business.


We acknowledge that the D.C. Office of Planning, the D.C. Zoning Commission, and other D.C. officials and agencies are concerned about complying with civil rights legislation. 


However, our city has a tragic and well-documented recent history of inadequately monitoring and safeguarding the care and living conditions of those in licensed group homes.  We ask that the D.C. Zoning Commission consider safe housing as a basic civil right and that the Zoning Commission continue to require a Certificate of Occupancy until the city establishes a better long-term track record of ensuring safe practices in licensed group homes.


We also note that the recently adopted Comprehensive Plan for the District of Columbia states that "greater community involvement, including advisory committees, good neighbor agreements and more rigorous monitoring procedures, [emphasis added] should be used to improve operations and address land use conflicts."


The proposed zoning regulation change would reduce the necessary monitoring available to both communities and the residents of licensed group homes.


We also designate Commissioner 4B01 Sara Green to speak on this resolution as it affects her single member district and we designate the other Commissioners in ANC 4B to speak on this resolution as it affects their single member districts, as long as these Commissioners support the adopted resolution."





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Commissioner Green distributed copies of a letter from Concerned Neighbors, Inc. (CNI) asking that the Commission adopt the resolution due to concerns about over

concentration in the North Takoma community and the safety of disabled group home residents.


Commissioners Grant and Hughes said they were voting "no" because they needed to consult with their communities.


8) In a unanimous show-of-hands vote, the Commission agreed to adjourn.





Commissioner Jones submitted a packing slip, dated October 15, 2007, from the business, Successories, which showed that the Lamond Community Day organization

ordered $1,115.36 in items, including notepads, gift cards, and awards. She asked that the document be submitted as documentation for the Commission's grant for the Lamond Community Day celebration.


There was no police report.


The meeting adjourned at about 9 p.m.


---- Submitted by Sara Green, Secretary