Minutes – Advisory Neighborhood Commission 4B

June 25, 2012 Regular Public Meeting – Adopted 2/25/13

 

The meeting was called to order at 7:00 PM, Sara Green, Chair (and ANC 4B01) presiding.  It was held at the MPD’s 4th District Community Room, 6001 Georgia Avenue, NW. Also present were Commissioners 4B02 Faith Wheeler, 4B03 Fred Grant, 4B04 Rebecca Mills, 4B05 Brenda Speaks, 4B07 Judi Jones, and 4B08 Yvonne Jefferson.  A quorum was present for all votes.

 

Actions:

 

1)         The agenda was adopted in a 6-0 show-of-hands vote following a motion from Commissioner Green.

 

2)         Presentation and Vote: New Class D Alcoholic Beverage License - Chez Aunty Libe Restaurant, 6115 Georgia Avenue NW

 

Ms. Joyce Njorogee, representing Chez Auntie Libe Restaurant, said that they were applying for a liquor license to serve only beer and wine, not hard liquor.  Following questions from the Commissioners and comments from the public, Commissioner Jones requested that a petition supporting the application from residents of the area be attached to the meeting minutes.  Commissioner Grant moved that ANC 4B support Chez Aunty Libe Restaurant’s application for a new Retail Class D license and that the petition supporting this application be attached to the minutes of this meeting.  Commissioner Mills seconded the motion.  The motion was adopted unanimously by show-of-hands vote, 7 yes, 0 no.

 

3)         Presentation and Vote:  Safeway Restrooms, 6500 Piney Branch Rd., NW

 

Commissioner Grant noted that Safeway Stores had previously committed to renovate the public restrooms at the Piney Branch Road store, following years of discussion and negotiation.  Earlier this month, he was informed by Mr. Craig Muckle, the Public Affairs Manager of Safeway’s Eastern Division, that renovations were not going to be made.  He invited Mr. Muckle to the Commission meeting to explain the situation.  ANC 4B received no response to the invitation and no representative attended the meeting. 

Following extended discussion and comments from Commissioners and the public, Commissioner Grant moved that ANC 4B adopt a resolution repeating its invitation to Safeway to attend an ANC 4B meeting and explain the situation regarding the restrooms, and further calling on appropriate D.C. government agencies to ensure compliance with appropriate D.C. government laws and regulations.  The motion was seconded by Commissioner Wheeler.  The motion was adopted unanimously by show-of-hands vote, 7 yes, 0 no.

The adopted resolution:

 

RESOLVED:  That Advisory Neighborhood Commission 4B reiterates its request that Safeway provide new and additional public restrooms at its 6500 Piney Branch Road, NW store.

We also ask all appropriate city agencies, including, but not limited to, the Department of Health and the Department of Consumer and Regulatory Affairs, to inspect the premises to ensure compliance with building code and public health regulations and the Americans With Disabilities Act. 

We base these requests on long-standing complaints from customers and the observations of at least three Commissioners, beginning in 2007 and continuing up until Sunday, June 24, 2012.  Access to the men’s and women’s public restrooms on the ground floor is often blocked by hand trucks, boxes , and trash, a serious problem for those using wheelchairs, walkers or other aids.   In addition, the restrooms are often dirty. 

Safeway’s management has promised, first to keep the existing facilities clean and accessible, and then, following persistent complaints, to provide new facilities along the southeast corner of the store that are separate from the store’s busy rear work area.  Earlier this month Commissioner Fred Grant was told the additional facilities would not be provided.

Safeway has also declined ANC 4B’s invitation to speak at its June 25 public meeting and a high-level Safeway executive stated it is Safeway’s policy not to speak at Washington, D.C. Advisory Neighborhood Commission meetings.  This is an unacceptable policy for any business that operates in our community, particularly one that holds a license to sell alcoholic beverages.

This resolution will be sent to Safeway Inc., Regional Manager Ed Tippet, D.C. Department of Consumer and Regulatory Affairs, D.C. Department of Health, D.C. Office of Disability Rights, and the D.C. City Council.

Commissioner Fred Grant is authorized to represent this resolution before city agencies and elected officials and with the Safeway Corporation.

 

4)         Recommendation Vote:  Resolution requesting delay of consideration of proposed changes in zoning regulations.      

 

Commissioner Green noted that a Zoning Commission task force has been drafting revised zoning regulations.  This rewrite will have major impacts and implications for land use throughout the District of Columbia, including height limitations, lot size, allowing apartments in garages as a matter of right, and new parking requirements.  She said that the Zoning Commission was considering an accelerated hearing and decision process that would not allow for adequate public discussion, review and comment.

Following discussion, Commissioner Green moved that ANC 4B adopt a resolution requesting a review process and schedule that would allow adequate time and opportunity for public review and comment on the proposed revisions.  Commissioner Wheeler seconded the motion.  The motion was adopted unanimously by roll call vote, 6 yes, 0 no.  The roll call vote was:

 

            VOTING YES                                                                        VOTING NO

            Sara Green (4B01)                                                 

            Faith   Wheeler (4B02)                                                       

            Fred Grant (4B03)

            Rebecca Mills (4B04)

            Brenda Speaks (4B05)

            Yvonne Jefferson (4B08)

         

 

 

The adopted resolution:

 

RESOLVED:  That Advisory Neighborhood Commission 4B (ANC 4B) asks that:

 

1)  Both the Office of Planning (OP) and the Zoning Commission consider the changes to the zoning regulations that are now being discussed by the Zoning Review Task Force (Task Force) in their entirety.  We support a decision-making process that would adopt or implement all provisions at one time.

 

2)  OP hold ward-by-ward public information forums on all of the draft provisions before sending them to the Zoning Commission, as promised at the beginning of the rewrite process.  This would mean that the proposed text amendments which address, but are not limited to, downtown parking, bike parking, the 16th Street Overlay, private schools, accessory dwelling units, height measurement, pervious materials, and parking lot landscaping, also be considered in ward forums as part of the whole and not considered separately.

 

3)  OP schedule these forums with adequate public notice and certainly not until mid- September 2012 or later, to give the public, ANC 4B and other Advisory Neighborhood Commissions (ANCs) adequate time to comment, as per DC law.

 

4)  The Zoning Commission delay decisions to “set down” these amendments for public hearings until OP holds the forums and presents the latest draft proposals for comment.  ANCs should also have an adequate opportunity to hear the community and vote on recommendations in properly-noticed public meetings, as per DC law, prior to any vote by the Zoning Commission.

 

5) Members of the DC City Council ask OP to delay sending their proposed text amendments to the Zoning Commission until the ward forums are held.

 

ANC 4B makes these requests due to the following concerns:

 

  1. The amendments OP has announced it will submit to the Zoning Commission this summer are complex, significant and controversial.

 

  1. OP’s outreach has been limited and the ward meetings are necessary. We have found that many residents and community groups are unaware of the proposals.  Task Force members have not even seen the draft language OP is intending to submit this summer. Residents and ANCs should have an opportunity to affect OP’s proposals prior to submission to the Zoning Commission. Note also that the Zoning Commission limits testimony to three or five minutes.  This does not replace the more flexible public forum format.

 

  1. Many ANCs and community organizations do not meet during July and August and some have already had their June meeting.  Many residents are unavailable in the summer. All should be able to comment to OP and the Zoning Commission before the Zoning Commission agrees to a “setdown” date. Many will be unable to comment on the setdown unless actions are delayed until September 30, 2012 or later.  If OP and the Zoning Commission do not delay action until the ward forums are held, no action should be taken before September 30, 2012.

 

  1. The text amendments to be submitted this summer address regulations in place for many years.  Delaying action until the forums are held is a reasonable accommodation to the public.

 

5)  Commissioner Wheeler moved that all resolutions be posted on the Commission website within one week or as soon as possible after approval.  Commissioner Grant seconded the motion.  The motion was adopted unanimously by show- of-hands vote, 5 yes, 0 no.

 

Community Concerns

 

1)         Ms. Wanda Oates, ANC 4B05, expressed concern about dog waste in the back area of  the Doggy Daycare business at the corner of Georgia and Missouri Avenues N.W. causing a health hazard.  Commissioner Mills said she would address this concern.

 

2)         Ms. Regina Page, ANC 4B01, said there had been a change in her Comcast service, but no reduction in her bill and asked what DC Government agency had jurisdiction over Comcast.  Commissioner Green said she did not know the answer, but would assist her in finding answers to her concerns.

 

3)         Mr. Walter Mallette, 4B04, noted that Commissioner Rebecca Mills was the new Commissioner for 4B04 but had not been elected.  He asked her to give some information about why she ran for the position, whether she would stand for election in the fall, and her position on WalMart.

 

4)         Minister Chi Maruso, Sheridan Street N.W., informed the Commission that the Board of Elections and Ethics lists incorrect information regarding the Chair of ANC 4B on its website and asked that the Commission request that BOEE correct its information.  She also asked that her request for a new traffic light at Georgia Avenue and Sheridan Street NW be renewed and supported by Commissioner Grant and others commissioners.

 

Presentations and Reports

 

1)         Mr. James Proctor of the Coolidge High School Alumni Association gave a presentation on the Coolidge community garden and plans for improvement and further development.  He answered questions from the Commission and the public.

 

2)         Mr. Damon Harvey and Mr. Angelo Reyo of the DC Department of Transportation reviewed parking regulations during an extensive presentation and answered questions from the public and the Commissioners.

 

3)         Commissioner Grant, ANC 4B’s Treasurer, noted that the Commission approved the FY 2012 Second Quarter Report, January 1-March 31, 2012, at the May 22, 2012 meeting, but that he had not summarized the report for the public at that time.  He provided a summary as follows:

 

Balance Forward:                                        $14, 818.74  

Total allotments:                                           $  5,532.53

Interest income:                                            $         3.83

Total receipts:                                               $  5,536.36

Total funds available:                                  $20,355.10

 

 

Commissioner Grant presented the Treasurer’s Report:

 

ANC 4B Treasurer’s Report – June 25, 2012

 

As of May 31, 2012 the Industrial Bank checking account balance was:  $18,096.08.

 

Checking Account:

 

Balance – 4/30/12                                                                $20,284.67

 

Income – 5/1/12-5/31/12                             $       1.59

 

Expenditures – 5/1/12-5/31/12                  $2,190.18

 

Ending balance – 5/31/12                                                  $18,096.08

 

 

The following checks were cashed last month:

Date Cashed

 Name

Check #

Amount

Purpose

Meeting Approval Date

5/1/12

Verizon

4699

$79.98

Internet

2012 budget

11/28/11

5/1/12

Verizon

4698

$243.25

Landline telephone

2012 budget

11/28/11

5/4/12

Douglass Sloan

4701

$23.20

Reimburse office supplies purchase

2012 budget

11/28/11

5/7/12

James H. Irwin

4711

$461.70

Staff wages

2012 budget

11/28/11

5/8/12

Jamal’s Takoma LLC

4708

$600.00

Office rent

2012 budget

11/28/11

5/10/12

Verizon

4709

$39.99

Internet

2012 budget

11/28/11

5/10/12

Verizon

4710

$117.56

Landline telephone

2012 budget

11/28/11

5/12/12

Konica Minolta

4712

162.80

Printing & Copying

2012 budget

11/28/11

5/21/12

James H. Irwin

4713

$461.70

Staff wages

2012 budget

11/28/11

 

4)  Commissioner Jefferson, Secretary, presented the minutes of the April 23, 2012, May 22, 2012 and June 4, 2012 meetings for review and approval.

 

Commissioner Green moved that the minutes for the April 23, 2012 meeting be approved.  Commissioner Grant seconded the motion.  The motion was adopted unanimously by show-of-hands vote, 5 yes, 0 no.

 

Commissioner Grant moved that the minutes for the May 22, 2012 meeting be approved.  Commissioner Green seconded the motion.  Commissioner Wheeler noted a spelling correction for Dr. Feseha Waldu’s first name on page one.  The minutes, as corrected, were approved by show-of-hands vote, 5 yes, 0 no.

 

Commissioner Wheeler moved that the minutes for the June 4, 2012 special meeting be approved.  Commissioner Grant seconded the motion.  The motion was adopted unanimously by show- of-hands vote, 5 yes, 0 no.

 

Commissioner Green noted for the record that a quorum was present for all votes on minutes.  Commissioners Green, Wheeler, Grant, Mills and Jefferson were present and voting.

 

The meeting was adjourned at 9:25 PM.