Minutes – Advisory Neighborhood Commission 4B

April 28, 2014 Regular Public Meeting

Approved at the May 20, 2014 Public Meeting



The meeting was called to order at 7:00 PM, Commissioner Ronald Austin, Chair (and ANC 4B06) presiding. It was held at the MPD’s 4th District Community Room, 6001 Georgia Avenue, NW. Also present were Commissioners 4B01 Sara Green, 4B02 Faith Wheeler, 4B03 Fred Grant, 4B04 Brenda Parks, 4B05 Brenda Speaks, 4B07 Judi Jones, 4B08 Yvonne Jefferson, and 4B09 Douglass Sloan. A quorum was present for all votes.


1) Approval of the Agenda


The agenda as presented was revised.


(A) Commissioner Jones moved that consideration of an application for a certificate of need from the Department of Health for RAI Dialysis Center be added to the agenda. Commissioner Parks seconded the motion. The motion was adopted by voice vote, 7 yes, 0 no.


(B) Commissioner Jones moved to take consideration of the public space occupancy permit application for 5924 Chillum Place N.E. off the agenda. Commissioner Speaks seconded the motion. The motion was adopted by show-of-hands vote, 7 yes, 0 no.


(C) Commissioner Austin moved that the design for the Metro Memorial Park be added to the agenda. Commissioner Jones seconded the motion. The motion was adopted 7 yes, 0 no.


Commissioner Jones moved to approve the agenda as amended. Commissioner Parks seconded the motion. The motion was adopted, 7 yes, 0 no


2) Recommendation Vote: Restrictions on Contributions to Political Candidates


Commissioner Austin moved that the Commission adopt a resolution recommending restrictions on campaign contributions to candidates for office in the District of Columbia government. Commissioner Speaks seconded the motion.


Commissioner Green moved to amend the motion to add a point to the resolution on page one:


The Commission believes that constituent services funds are not currently serving their original intent and that an insufficient amount of money is being spent on constituent services.”


And to add a point on page two under RESOLVED:


That constituent services funds be abolished.”


Commissioner Wheeler seconded the motion. The motion was not adopted by show-of-hands vote, 2 yes, 7 no.


Commissioner Sloan moved that the motion be amended to revise the language on page two to add “. . .in excess of $100,000. . .” as follows::


Those holding or seeking contracts to provide goods and/or services to the District of Columbia government in excess of $100,000 may not contribute to the political campaigns of anyone seeking office in the government of the District of Columbia;


Commissioner Jefferson seconded the motion. The motion was adopted, 6 yes, 3 no.


There being no further amendments, the motion was adopted by roll call vote, 7 yes, 2 no.


The roll call vote:


YES NO ABSTAIN

Green Grant

Wheeler Parks

Speaks

Austin

Jones

Jefferson

Sloan


The adopted resolution:


Advisory Neighborhood Commission 4B notes that:



RESOLVED:

That Advisory Neighborhood Commission 4B recommends that:

3) Presentation and Recommendation Vote: Design of a Memorial Park to Commemorate the Victims of the Metro Accident on June 22, 2009


Following a presentation by the D.C. Commission on Arts and Humanities and the architect, Commissioner Wheeler moved that the Commission adopt a resolution supporting and recommending approval of the proposed design for the memorial park. Commissioner Grant seconded the motion. The motion was adopted unanimously, 9 yes, 0 no.


The adopted resolution:


Advisory Neighborhood Commission 4B heard a presentation from the architect and representatives of the DC Commission on the Arts and Humanities describing the proposed design for a memorial park honoring the victims of the Metro accident on the Red Line on June 22, 2009.


RESOLVED:

That Advisory Neighborhood Commission 4B commends and supports the design for the memorial park and recommends that it be approved.


4) Presentation Regarding Certificate of Need for RAI Dialysis Center, Chillum Place N.E.


Dr. Cosette Jamieson and her attorney, Mr. Cliff Barnes, presented their plans for expansion of capacity and services at the RAI Dialysis Center on Chillum Place, N.E. and their application for a Certificate of Need from the D.C. Department of Health. Following the presentation, and questions and comments from Commissioners and the public, Commissioner Jones moved that the Commission adopt a resolution asking the Department of Health to delay any decision on the application for one month. Commissioner Wheeler seconded the motion. The motion was not adopted on a roll call vote, 4 yes, 5 no.


The roll call vote:


YES NO ABSTAIN

Green Grant

Wheeler Parks

Speaks Austin

Jones Jefferson

Sloan

5) Approval Vote: Nile Market Settlement Agreement


Commissioner Green noted that the staff of the Alcoholic Beverage Control Board had made changes to the Settlement Agreement between Nile Market and ANC 4B and ANC 4A. She said that the Commission should vote again to approve the agreement with the changes, which she detailed. Commissioner Green moved that the Commission adopt a resolution approving the Settlement Agreement. Commissioner Jefferson seconded the motion. The motion was adopted unanimously, 6 yes, 0 no.


The adopted resolution and approved agreement:


RESOLVED:


Advisory Neighborhood Commission 4B agrees to become a signatory to the attached revised Settlement Agreement with Nile Market, 7815 Georgia Avenue N.W., ABRA #50151.


SETTLEMENT AGREEMENT


AGREEMENT made this __ day of April, 2014, by and between ATSEDE CORPORATION (the Applicant), ADVISORY NEIGHBORHOOD COMMISSION 4A (ANC4A) and ADVISORY NEIGHBORHOOD COMMISSION 4B (ANC 4B).


WITNESSETH:


WHEREAS, pending before the District of Columbia Alcoholic Beverage Control Board (ABC) is Applicant’s request for modification to its class CR license for premises 7815 Georgia Avenue, N.W., ABC Application #50151; and


WHEREAS, the Nile Restaurant and Market is not located in as close proximity to residences unlike most other ABRA-licensed establishments on upper Georgia Avenue NW; and


WHEREAS, the Nile Restaurant and Market has been open for more than 15 years with no evidence of any ABRA-related violations and/or crime/police reports; and


WHEREAS, the parties desire to enter into an agreement amending the previous Voluntary Agreement and setting forth certain understanding regarding Applicant’s operation;

NOW, THEREFORE, the Applicant and ANCs 4A and 4B agree to amend the Voluntary Agreement to include the following requirements:


1. The hours of operation for the restaurant and sidewalk cafe will be 10 AM to 1 AM Sunday; 10 AM to 12 AM (Midnight), Monday through Thursday, and from 10 AM to 3 AM Friday and Saturday. HOWEVER, the hours for the sale of alcohol will be from 10 AM to 12:00 AM (Midnight) on Sunday; 10 AM to 11:30 PM Monday through Thursday; and from Noon to 2 AM Friday and Saturday. Notwithstanding the foregoing, Applicant shall be allowed to stay open the maximum allowable hours on those days when the laws governing ABRA licensed establishments allow for such (e.g., New Year’s Eve, Inauguration), provided, however that in no event shall there be food or beverages served on the patio (summer garden) or the sidewalk café after 11:00 p.m. on each day Applicant is open for business on the exception days.


2. Alcoholic beverages may not be carried out of the establishment except for consumption within the outdoor seating areas of the establishment. Food service shall be available until at least two (2) hours before closing.


3. No form of dancing will be allowed.


4. Entertainment (limited to one musician and three vocalists) will be allowed.


5. The limitation of the sale of alcohol with meals is cancelled.


6. The Applicant will ensure that sound levels do not exceed 60 decibels.


7. Applicant shall place “No Loitering” signs on the inside and outside of the establishment. The signs will be clearly visible to patrons and pedestrians.


ATSEDE CORPORATION - ANC 4A - ANC 4B

Page Two


8. The Applicant will comply with its Occupancy Permit.


9. ANC 4B will be added as a participant in the Settlement Agreement.


10. Applicant agrees to work in good faith with the Protestants to resolve any problems arising from the operation of the business.

11. If Applicant or the licensee fails to cure within the 30-day period (or, with respect to a breach which reasonably requires more than 30-days to cure, fails to commence cure of such breach and diligently pursues such cure) failure shall constitute a cause for filing a complaint with the ABC Board pursuant to D.C. Official Code § 25-446(3)).


12. Effective with the signing of this agreement and approval by ABRA, ANC 4A will be removed as a participant in the Settlement Agreement and will serve only as an affected ANC.


In consideration of the above, ANC 4A will advise the ABC Board that it concurs with the amended Settlement Agreement.


IN WITNESS WHEREOF, the parties have affixed hereunto their hands and seals on the day and year first above written.



ATSEDE CORPORATION


Print Name_Retta Makonnen_____________________________________


Sign Name____________________________________________________


Title ___________President, Atsede Corporation____________


Date__________________________________________________________




ADVISORY NEIGHBORHOOD COMMISSION 4A


Print Name_____Karrye Y. Braxton__________________________________


Sign Name________________________________________________________


Title_____Chair ANC4A_____________________________________________


Date________________________________________________________________


ADVISORY NEIGHBORHOOD COMMISSION 4B


Print Name_____Ronald Austin__________________________________________


Sign Name_____________________________________________________________


Title______Chair ANC4B_________________________________________________


Date____________________________________________________________________

Community Concerns








Eight people addressed the Commission with concerns or questions:


1) Mr. Joe Radzievich, ANC 4B01, expressed his support for the proposed resolution restricting political contributions (R14-0401).


2) Minister Chi Mauuso, ANC 4B03, submitted a number of concerns to Commissioners in writing.and requested that a working street light be installed at Georgia Avenue and Sheridan Avenue N.W. .


3) Ms. Jocelyn Johnson, ANC 4B03, stated that the problem at 810 Tewkesbury Place N.W. that she had discussed at the March 24 meeting, involved a tree growing into the house and causing damage to the structure, not just leaning into the property.


4) Ms. [inaudible] Becton, 94 Tuckerman Street N.W., said that she was having problems with the trash collection from the RAI Renal Dialysis Center nearby., which was occurring very early in the morning, any time from 4 AM TO 5:45 AM.


5) Ms. Elizabeth Smith, 71 Tuckerman Street N.W., joined Ms. Becton in complaining about the too-early trash pickup from RAI.


6) Ms. .Cynthia Harmon, 73 Tuckerman Street N.W., also said that the trash collection is much too early and wanted the street barrier retained.


7) Mr. Bill Jonas, 800 block of Fern Place N.W., asked that Fern Place be repaved. .


8) Mr. Michael Sindram, ANC 4B02, expressed various concerns, including a request that bottled water and food be provided at Commission meetings.


Presentations and Reports


1) Mr. Jason Foss, Project Manager, Walter Reed Local Redevelopment Authority and Deputy Fire Chief William Faust presented their plans for the construction of a new fire house for Engine 22 on the Walter Reed site and answered questions from the Commission and the public.


2) Mr. James Cheeks, District Department of Transportation, presented information and answered questions regarding the redesign of the Blair-Cedar intersection.


3) Commissioner Grant, Treasurer, presented the Treasurer’s Report:


  1. ANC 4B Treasurer’s Report – April 28, 2014


As of March 31, 2014 the Industrial Bank checking account balance was $10,587.25.


Balance – 2/28/14 $12,373.05

Income – 3/1/14-3/31/14

Interest $ 0.49


Expenditures – 3/1/14-3/31/14 $ 1,786.29


Ending balance – 3/31/14 $10,587.25


As of December 31, 2013, the Industrial Bank savings account balance was $50,583.41.


Interest income – 12/31/13-3/31/14 $ 12.47


Ending balance – 3/31/14 $50,595.88


The following checks were cashed between 2/1/14 and 2/28/14:

Check #

Amount

Date Cashed

Name

Purpose

Meeting Approval Date

4892

461.70

3/7/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4888

600.00

3/17/14

Jamal’s Takoma Park LLC

Office rent

2014 budget

2/24/14

4891

39.99

3/18/14

Verizon

Internet

2014 budget

2/24/14

4890

96.00

3/18/14

Verizon

Landline Telephone

2014 budget

2/24/14

4889

101.90

3/19/14

Konica Minolta

Printing & Copying

2014 budget

2/24/14

4893

461.70

3/21/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4881

25.00

3/28/14

ANC Security Fund

Other

1/27/14


4) Commissioner Jefferson, Secretary, presented the draft minutes of the March 24, 2014 regular public meeting. Commissioner Green moved that the minutes as presented be approved. Commissioner Grant seconded the motion. The minutes were adopted unanimously, 6 yes, 0 no.


The meeting was adjourned at 9:40 PM.