Minutes – Advisory Neighborhood Commission 4B

February 23, 2015 Regular Public Meeting

Approved March 23, 2015


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 Andre Carley, 4B03 Fred Grant, 4B04 Brenda Parks, 4B05 Brenda Speaks, 4B07 Judi Jones, and 4B09 Douglass Sloan. A quorum was present for all votes.


1) Approval of the Agenda


The agenda as presented was amended to change the order of agenda items.


Commissioner Grant moved that the agenda as amended be adopted. Commissioner Jones seconded the motion. The motion was adopted, 8 yes, 0 no.


2) Vote: Resolution 15-0201 Commending and Thanking Commissioner Yvonne Jefferson, 4B08


Commissioner Sloan moved that the Commission adopt a resolution commending Commissioner Yvonne Jefferson for her service as an Advisory Neighborhood Commissioner. Commissioner Grant seconded the motion. The motion was adopted 6 yes, 0 no, 1 abstain.


The adopted resolution:


Advisory Neighborhood Commission 4B takes note of the following:



RESOLVED:


That Advisory Neighborhood Commission 4B hereby commends and thanks Commissioner Yvonne Jefferson for her dedicated and outstanding service to the welfare of the residents of ANC 4B, and to the overall improvement of the government and quality of life of the District of Columbia, and extends its best wishes to her in her future endeavors, knowing that she will continue to work for the welfare of the residents of the District of Columbia.


3) Vote: R14-0208 Authorizing SMD 4B08 Special Election


Commissioner Austin moved that the Commission adopt a resolution announcing and authorizing a special election to fill a vacancy in single-member district 4B08. Commissioner Carley seconded the motion. The motion was adopted unanimously, 7 yes, 0 no.


The adopted resolution:


RESOLVED:


That Advisory Neighborhood Commission hereby announces a special election to fill a vacancy in ANC 4B08:




Advisory Neighborhood Commission 4B

Special Election Procedures to Fill the Vacancy in SMD 4B08


Date and Place of the Election: The election will be held during the regularly scheduled monthly meeting of ANC 4B on March 23, 2015. The meeting will be held in the community meeting room, Metropolitan Police Department 4th District Headquarters, 6001 Georgia Avenue N.W.


Eligibility to Vote: The election will be open to registered voters of SMD 4B08 only. Potential voters must present themselves at the polling place and must have either a BOEE voter identification card showing that they are registered to vote in SMD 4B08 or be listed as a voter in SMD 4B08 on the voter registration list provided by the Board of Elections and Ethics (BOEE).


The Candidates: The order of the names on the ballot will be decided by a drawing on a date mutually agreeable to the candidates. 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 the community meeting room at MPD 4D headquarters, 6001 Georgia Avenue N.W. 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 4B08. 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. Those whose names are not on the list and who also do not have a voter identification card will not be given a ballot.


Voting: Casting of ballots, supplied by the ANC, will commence at 7:15 PM. 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 may 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 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 8:45 pm. Anyone still in line waiting to register at 8:45 pm 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, in accordance with the DC Official Code, the candidates or their proxies will cast lots (e.g. draw slips of paper from a box or flip a coin) 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 of ballots.


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.


3) Resolution 15-0204 – Amendment to Settlement Agreement between ANC 4B and Cheerz, 7303 Georgia Avenue N.W.


Commissioner Carley moved that the Commission adopt a resolution approving an amendment to a settlement agreement between the Commission and Cheerz, 7303 Georgia Avenue N.W. Commissioner Parks seconded the motion. The motion was adopted, 6 yes, 0 no, 1 abstain.


The adopted resolution:


Advisory Neighborhood Commission 4B (the Commission) takes note of the following:




RESOLVED:


That Advisory Neighborhood Commission 4B approves the following amendment to the settlement agreement with Cheerz:


In Section 5, add: c. Live musical entertainment is allowed on the premises in accordance with Cheerz' operating hours.


FURTHER RESOLVED:


That Commissioner Andre Carley, ANC 4B01, is hereby authorized to serve as the Commission’s representative in all matters relating to this resolution.


FURTHER RESOLVED:


That, in the event the designated representative Commissioner cannot carry out his representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.


FURTHER RESOLVED:


Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.





SETTLEMENT AGREEMENT


AGREEMENT made this 27th day of September, 2014, by and between MICHERIE LLC trading as CHEERZ (the Applicant), and ADVISORY NEIGHBORHOOD COMMISSION 4B (ANC 4B), and amended on February 23, 2015.

WITNESSETH:


WHEREAS, the parties desire to enter into an agreement, enforceable by ABRA, regarding how Applicant shall operate the business at 7303 Georgia Avenue, N.W.;


WHEREAS, the premises is within the boundaries of ANC 4B; and


WHEREAS, the Parties are desirous of entering into a Settlement Agreement pursuant to D.C. Official Code § 25·446 for the operation and maintenance of the Establishment in such a manner as to promote the peace, order and quiet of the neighborhood. All parties recognize the importance of business neighborhoods that are safe, clean, and "pedestrian friendly".


NOW, THEREFORE, the Parties agree as follows:


1. Recitals Incorporated. The recitals set forth above are incorporated herein by reference.


2. Nature of the Business. The Applicant shall manage and operate at the address a place that is regularly used for the sale and service of prepared food and alcoholic beverages.


3. Hours of Operation and Sales. The Applicant's hours of operation shall be as follows:


Inside Services


Sunday through Thursday 11 AM to 1 AM

Alcohol Service 11 AM to 12:30 PM

Friday and Saturday 10 AM to 2 AM

Alcohol Service 10 AM to 1:30 AM

Sidewalk Services

None


Provided that: (a) on days designated by the ABC Board as "Extended Hours for ABC Establishments" Applicant may operate (including sale and consumption) for one hour later than the hours listed above; (b) in the event that the Council of the District of Columbia or the ABC Board grants licensees in general extended operating hours (such as for the Inauguration). Applicant may avail itself of such extended hours; and (c) on January 1 of each year, Applicant may operate (including sale and consumption) until 3:00 a.m.


4. Floors Utilized and Occupancy. The Applicant will operate its establishment according to the occupancy indicated on the Certificate of Occupancy issued by the Department of Consumer and Regulatory Affairs.


At all times during which alcohol is served on the Premises the applicant shall:


a. Refuse entry to individuals who are already drunk, who bring their own alcohol to the Premises;


b. Ask inebriated patrons who have become rowdy to leave the Premises, to eject such patrons to the extent allowed by law, and to call the police if such patrons still refuse to leave;


c. Assure that wait staff check the identification of patrons suspected of being under-age before serving them; and


d. Assure that wait staff stop serving patrons who have become inebriated. The employee charged with these responsibilities may perform other job functions as well.


5. Noise.

a. Absent any exclusion provided by law, Applicant shall not produce any sound, noise, or music of such intensity that it may be heard in any premises other than the licensed establishment by the use of any:

1.  Mechanical device, machine, apparatus, or instrument for amplification of the human voice or any sound or noise;


2.  Bell, horn, gong, whistle, drum, or other noise-making article, instrument, or device; or


3.  Musical instrument.


b. Applicant will also adhere to all noise control provisions required under D.C. Municipal Regulations Title 20 Chapter 27.


c. Live musical entertainment is allowed on the premises in accordance with Cheerz' operating hours.

6. Public Space and Trash.


a. Applicant shall keep its entire property and the sidewalk (up to and including the curb), curb, and alley clean and free of litter, bottles, and other debris in compliance with D.C. Code and Municipal Regulations. Applicant shall clean these areas daily to assure that refuse and other materials are promptly removed.


b. Applicant shall ensure that the area around the dumpster is kept clean at all times and the dumpster is placed such that it does not encroach on the abutting property owners and that no garbage is placed on the abutting property. Applicant shall ensure that no trash is placed outside the establishment other than in a fully closed dumpster. Applicant shall ensure that the lids on all dumpsters are fully closed at all times. Applicant shall not place trash in its dumpster in any manner that would prevent the full closure of the dumpster. Applicant shall ensure that all dumpsters used are properly maintained and replaced when damaged.


c. Applicant shall ensure that all grease is placed in a secure well-maintained container inside the property where possible. Any grease leak shall be cleaned up promptly and all containers shall be properly maintained and replaced when damaged or leaking.


d. Commercial trash and recycling pick-up shall take place between 7 a.m.-7 p.m., Monday through Friday. Applicant shall not allow its trash or recycling to be picked up outside of those hours. Glass or other potentially noisy materials that need to recycle shall be stored inside the Applicant’s establishment until 7 am.


7. Rats and Vermin Control. The Applicant shall provide rat and vermin control for its property. Applicant shall have the Establishment and the area around the Premises properly cleaned at the end of each night to ensure that there are no garbage and odors present the following morning.


8. Applicant will have thirty (30) days to remedy any complaints brought by ANC4B.


9. Applicant will cooperate with MPD and other enforcement officials with regard to issues concerning peace, order, and quiet.


10. Applicant will encourage patrons to park on Georgia Avenue.


11. If any provision of this Agreement is deemed unenforceable or is found to conflict with applicable law, the remaining provisions shall stay in affect; and the Parties agree to abide by current District of Columbia laws, rules, and regulations.


12. Cancellation of previous Agreements. Except as otherwise explicitly provided herein, this Agreement shall have full force and effect when ratified by the Alcoholic Beverage Control Board and shall constitute the agreement between the parties, specifically, Advisory Neighborhood Commission 4B and the Applicant. This agreement may only be modified by written agreement of the parties or their successors, or otherwise in accordance with law


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


MICHERIE LLC


Print Name_Roxanne Dover_____________________________________


Sign Name____________________________________________________

Title ___________Owner_________________________________________


Date__________________________________________________________


Print Name_Deanna Watson_____________________________________


Sign Name____________________________________________________

Title ___________Owner_________________________________________


Date__________________________________________________________


Print Name_Marvin Graves _____________________________________


Sign Name____________________________________________________

Title ___________Owner_________________________________________


Date__________________________________________________________


ADVISORY NEIGHBORHOOD COMMISSION 4B


Print Name: Ronald Austin


Sign Name________________________________________________________


Title: Chair, Advisory Neighborhood Commission 4B


Date_____________________________________________________


4) Resolution 15-0202 – Recommendations to the Zoning Commission Regarding ZC 14-22


Following a presentation by Mr. Matthew Jesick, Office of Planning, and questions and comments from Commissioners and the audience, Commissioner Carley moved that the Commission adopt a resolution making recommendations to the Board of Zoning Adjustment regarding the proposed Walter Reed Zone. Commissioner Grant seconded the motion. The motion was adopted unanimously, 7 yes, 0 no.


The adopted resolution::


Advisory Neighborhood Commission 4B is concerned about several key provisions in the Proposed Text and Map Amendment for the Walter Reed site. The following observations and recommendations are submitted to the Zoning Commission for its consideration and response:


Height and Design






RESOLVED:






Affordable Housing


The proposal calls for only 10 percent “affordable” housing at the site, while noting that the Developer has committed to 18 percent.


RESOLVED:


That, in view of the severe shortage of available affordable housing, the Commission strongly recommends that 25 percent of the housing at Walter Reed be designated as “affordable” as defined by city regulations. At a minimum, the zoning regulations should require the Developer’s commitment of 18 percent.


Transportation and Parking




RESOLVED:


That the Commission recommends:





FURTHER RESOLVED:


That Commissioner Andre Carley, ANC 4B01, is hereby authorized to serve as the Commission’s representative in all matters relating to this resolution.


FURTHER RESOLVED:


That, in the event the designated representative Commissioner cannot carry out his representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.


FURTHER RESOLVED:


Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.


5) Resolution 15-0203 – Recommendations to Public Service Commission Regarding the PEPCO/Excelon Merger


Commissioner Jones moved that the Commission adopt a resolution making recommendations to the Public Service Commission regarding the proposed merger of PEPCO and Excelon electric utility companies. Commissioner Parks seconded the motion. The motion was adopted unanimously, 6 yes, 0 no.


The adopted resolution:


WHEREAS:



RESOLVED:


That Advisory Neighborhood Commission 4B opposes the merger of PEPCO and Excelon, and urges the Public Service Commission to use its power to say no to the merger, challenge PEPCO to implement a better product and allow the Public Service Commission to hold on to its power and use it for the betterment of residents, voters and customers! Furthermore, Excelon’s business plan and mission, which is heavily reliant on fossil fuels and nuclear power, is inconsistent with the District of Columbia’s Sustainability Plan, which seeks to move the District into greater and greater utilization of renewable energy sources.


FURTHER RESOLVED:


That Commissioner Judi Jones, ANC 4B07, is hereby authorized to serve as the Commission’s representative in all matters relating to this resolution.


FURTHER RESOLVED:


That, in the event the designated representative Commissioner cannot carry out her representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.


FURTHER RESOLVED:


Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.


6) Resolution 15-0205 – Settlement Agreement between ANC 4B and Mama Put, 7331 Georgia Avenue N.W.


Commissioner Carley moved that the Commission adopt a resolution approving a settlement agreement between the Commission and Mama Put, 7331 Georgia Avenue N.W. Commissioner Parks seconded the motion. The motion was adopted unanimously. 6 yes, 0 no.


The adopted resolution:


RESOLVED:


Advisory Neighborhood Commission 4B approves and agrees to become a signatory to the attached Settlement Agreement with Mama Put, 7331 Georgia Avenue N.W., ABRA-091369.


FURTHER RESOLVED:


Commissioner Andre Carley, ANC 4B01, is hereby authorized to serve as the Commission’s representative in all matters relating to this license application and settlement agreement.


FURTHER RESOLVED:


That, in the event the designated representative Commissioner cannot carry out his representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.


FUTHER RESOLVED:


Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.


SETTLEMENT AGREEMENT

AGREEMENT made this __ day of ________, 2015, by and between ROSERY ENTERTAINMENT, LLC trading as MAMA PUT (the Applicant), and CONCERNED NEIGHBORS, INC. WITNESSETH:


Whereas, the parties desire to enter into an agreement, enforceable by ABRA, regarding how Applicant shall operate the business at 7331 Georgia Avenue, N.W., or any other similar business at that address, by any name, owned or operated by Applicant, or by any company established by Applicant; and,


WHEREAS, the premises is within the boundaries of CNI, and,


WHEREAS, the Parties are desirous of entering into a Settlement Agreement pursuant to D.C. Official Code § 25·446 for the operation and maintenance of the Establishment in such a manner as to promote the peace, order and quiet of the neighborhood. All parties recognize the importance of business neighborhoods that are safe, clean, and "pedestrian friendly".


NOW, THEREFORE, the parties agree as follows:


1. Recitals Incorporated. The recitals set forth above are incorporated herein by reference.


2. Nature of the Business: The Applicant shall manage and operate at the address a place that is regularly used for the sale and service of prepared food and alcoholic beverages. Mama Put shall be a restaurant only, not a night-club, bar, or lounge, as those terms are commonly understood.


3. Hours of Operation and Sales. The Applicant's hours of operation shall be as follows:


Inside Services

Sunday 11 AM to 1 AM

Alcohol Service 11 AM to 12:30 AM

Monday through Thursday 11 AM to 1 AM

Alcohol Service 11 AM to 12:30 AM

Friday and Saturday 11 AM to 2 AM

Alcohol Service 10 AM to 1:30 AM

The kitchen will take its last order 1 hour prior to closing time.


Sidewalk Services

Sunday 11 AM to 11:00 PM

Alcohol Service 11 AM to 10:30 PM

Monday through Thursday 11 AM to 11 PM

Alcohol Service 11 AM to 10:30 PM

Friday and Saturday 11 AM to 12 AM

Alcohol Service 10 AM to 11:30 PM


Entertainment Endorsement

Sunday -- Jazz Ensemble (No more than 6 instruments and or performers) -- 4 PM through 8 PM

Monday through Thursday – Karaoke – 4 PM to 10 PM

Friday and Saturday – DJ – 4 PM to 1 AM


Provided that: (a) on days designated by the ABC Board as "Extended Hours for ABC Establishments" Applicant may operate (including sale and consumption) for one hour later than the hours listed above; (b) in the event that the Council of the District of Columbia or the ABC Board grants licensees in general extended operating hours (such as for the Inauguration). Applicant may avail itself of such extended hours; and (c) on January 1 of each year,

Applicant may operate (including sale and consumption) until 3:00 a.m.


Cover Charge

There will be no entertainment in the premises requiring a “cover charge” from the patrons entering the establishment


4. Floors Utilized and Occupancy. The Applicant will operate its establishment according to the occupancy indicated on the Certificate of Occupancy issued by the Department of Consumer and Regulatory Affairs.


At all times during which alcohol is served on the Premises the applicant shall:


a. Refuse entry, to the extent allowed by law, to individuals who are already drunk, who bring their own alcohol to the Premises,


b. To ask inebriated patrons who have become rowdy to leave the Premises, to eject such patrons to the extent allowed by law, and to call the police if such patrons still refuse to leave;


c. To assure that wait staff check the identification of patrons suspected of being under-age before serving them; and


d. To assure that wait staff stop serving patrons who have become inebriated. The employee charged with these responsibilities may perform other job functions as well.


e .The Applicant will operate its establishment according to the occupancy indicated on the Certificate of Occupancy issued by the Department of Consumer and Regulatory Affairs. The premises of 7331 Georgia Avenue, N.W. consists of two above-ground floors and a basement. Restaurant services shall be provided primarily on the first floor. Restaurant services may expand to the second floor, as business needs require. Besides restaurant services, the second floor shall be used only for meetings of community groups, birthday and anniversary lunches and dinners, or other private lunches and dinners. All terms and conditions of this Agreement apply to all rooms and floors of the Premises.


5. Noise, Odor, and Privacy. No objectionable odors will be created by the Applicant. Applicant will strictly comply with D.C. Official Code § 25-725, which may include the need to make architectural Improvements to the property.


Applicant agrees to keep all doors and windows closed at all times except for the rear kitchen door to provide ventilation. If necessary, Applicant will take reasonable steps necessary to reduce noise emanating from the opening of entry or exit doors.


Applicant will comply with D.C. Regulations concerning noise emanating from the establishment's mechanical equipment. Applicant will post clearly visible internal and external signage to remind customers to minimize noise in the neighborhood.


Particulars:

a. No form of dancing will be allowed.

b. The Applicant will ensure that exterior sound levels do not exceed 65 decibels.


6. Public Space and Trash.


a. Applicant shall keep its entire property and the sidewalk (up to and including the curb), tree box(es), curb, and alley clean and free of litter, bottles, and other debris in compliance with D.C. Code and Municipal Regulations. Applicant shall clean these areas daily to assure that refuse and other materials are promptly removed.


b. Applicant shall ensure that the area around the dumpster is kept clean at all times and the dumpster is placed such that it does not encroach on the abutting property owners and that no garbage is placed on the abutting property. Applicant shall ensure that no trash is placed outside the establishment other than in a fully closed dumpster. Applicant shall ensure that the lids on all dumpsters are fully closed at all times. Applicant shall not place trash in its dumpster in any manner that would prevent the full closure of the dumpster. Applicant shall ensure that all dumpsters used are properly maintained and replaced when damaged.


c. Applicant shall ensure that all grease is placed in a secure well-maintained container inside the property where possible. Any grease leak shall be cleaned up promptly and all containers shall be properly maintained and replaced when damaged or leaking.


d. Commercial trash and recycling pick-up shall take place between 7 a.m.-7 p.m., Monday through Friday. Applicant shall not allow its trash or recycling to be picked up outside of those hours. Glass or other potentially noisy materials that need to recycle shall be stored inside the Applicant’s establishment until 7 am.


7. Rats and Vermin Control. The Applicant shall provide rat and vermin control for its property. Applicant shall have the Establishment and the area around the Premises properly cleaned at the end of each night to ensure that there are no garbage and odors present the following morning.


8(a) Security. Applicant agrees to provide at least two security staff from 10 pm until 30 minutes after closing to assure adequate security and to control unruly patrons, whether inside or in the immediate outside area; monitoring for and prohibiting criminal activity within or about the Premises.


8(b) To ensure that residents can report problems and disruptive behavior to the Applicant and receive a timely response, Applicant will provide residents and CNI with a telephone contact phone number(s) that is answered 24 hours a day.


8(c) Applicant and his/her staff shall initiate and maintain contact with MPD and cooperate with MPD and other enforcement officials when known or suspected drug activities occur. Applicant shall, to the full extent permissible by law, discourage loitering and unruly behavior in the vicinity of the Premises, including the 800 block of Geranium St. NW and the 7400 block of 9th St., NW between 7400-7413, by assigning a security staff person to monitor Georgia Avenue, Geranium St. and 9th St., , NW.


9(a) Parking. Applicant agrees to provide Valet parking for its patrons. The Applicant will post clearly visible signage at its location, notifying customers of valet parking. The owner of the parking lot will post clearly visible signage identifying the parking as available only to Mama Put customers from 10 pm to 3 am.


9(b) The written parking agreement shall be provided to CNI upon request.


9(c) Applicant shall post signs on its exterior asking patrons to “Please park on Georgia Avenue and not on residential streets.”


10. Cancellation of previous Agreements. Except as otherwise explicitly provided herein, this Agreement shall have full force and effect when ratified by the Alcoholic Beverage Control Board and shall constitute the agreement between the parties, specifically, CNI and the Applicant. This agreement may only be modified by written agreement of the parties or their successors, or otherwise in accordance with law


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


ROSERY ENTERTAINMENT, LLC


Print Name_ _____________________________________


Sign Name____________________________________________________


Title ___________Owner_________________________________________


Date__________________________________________________________



Print Name_ _____________________________________


Sign Name____________________________________________________


Title ___________Owner_________________________________________


Date__________________________________________________________



CONCERNED NEIGHBORS, INC.


Print Name_______________________________________________________


Sign Name________________________________________________________


Title President, CNI_________________________________________________


Date_____________________________________________________________


ANC 4B


Print Name_______________________________________________________


Sign Name________________________________________________________


Title: Chairman, ANC 4B


Date_____________________________________________________________


7) Resolution 15-0206 – Supporting Renewal of the Partnership Between Friends of the Takoma Recreation Center and the Department of Parks and Recreation


Following a presentation by Ms. Gina Douglas, President of Friends of Takoma Recreation Center and questions and comments from Commissioners and the audience, Commissioner Jones moved that the Commission support the renewal of the partnership between the Friends of the Takoma Recreation Center and the Department of Parks and Recreation. Commissioner Parks seconded the motion. The motion was adopted unanimously, 6 yes, 0 no.


The adopted resolution:


Advisory Neighborhood Commission 4B (the Commission) takes note of the following:



RESOLVED:


That Advisory Neighborhood Commission 4B strongly supports the continuing partnership of FTRC with the Department of Parks and Recreation and urges the Department to renew this beneficial relationship.


8) Resolution 15-0207 – Recommendations to the Board of Zoning Adjustment Regarding an Application for Zoning Variance at 7100 Blair Road N.W. to Convert a Single-Family Home to a Four-Unit Apartment House.


Following a presentation from Mr. Daniel Fields, owner of 7100 Blair Road N.W. and applicant to the Board of Zoning Adjustment for a zoning variance for the property, and questions and comments from commissioners and the audience, Commissioner Carley moved that the Commission adopt a resolution opposing the application. Commissioner Sloan seconded the motion. The motion was adopted by roll call vote, 4 yes, 2 no.


The roll call vote:


YES NO ABSTAIN

Carley Parks

Grant J. Jones

Austin

Sloan


The adopted resolution:


Advisory Neighborhood Commission 4B takes note of the following:



RESOLVED:


That Advisory Neighborhood Commission 4B opposes the application of Mr. Daniel Fields and strongly urges the Board of Zoning Adjustment to reject it.



FURTHER RESOLVED:


That Commissioner Andre Carley, ANC 4B01, is hereby authorized to serve as the Commission’s representative in all matters relating to this resolution.


FURTHER RESOLVED:


That, in the event the designated representative Commissioner cannot carry out his representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.


FURTHER RESOLVED:


Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.


Community Concerns








: The following people addressed the Commission with concerns:


1) Mr. David Hamilton said he was concerned about Resolution 15-0202 making recommendations regarding the proposed Walter Reed Zone. He suggested that the resolution be amended to include a requirement that the proposed plan be represented by a three-dimensional model. He said this would make the proposal much more understandable to the public


2) Ms. Wanda Oates wished Commissioner Brenda Speaks a happy birthday.


3) Ms. Jennifer Battle, project manager for the Red Line Memorial Project, gave an update on the status of the project and described the design of the memorial. She answered question from the commissioners and the public.


4) Mr. Robert Robinson, representing the 32Quota Interest Group, an intervener group opposing the Pepco/Excelon merger thanked the Commission for its resolution opposing the merger and for representing the community well


Presentations and Reports


1) Ms. Thalia Woods, Safety Nest for the Disabled, presented her concerns about the operation of the National Children’s Center..


2) Commissioner Grant, Treasurer, presented the Treasurer’ Report:


Balance – 12/31/14 $12,766.47

Income – 1/1/15-1/31/15 Interest $ 0.42


Expenditures –1/1/15-1/31/15 $ 7,748.04


Ending balance – 12/31/14 $ 5,018.85


Commissioner Grant reported that the expenditures for the month included a check for $5,603.11 payable to Advisory Neighborhood Commission 4C to transfer an allotment deposited to ANC 4B’s account in error. This check was written upon the instruction and authorization of the D.C. Auditor.


3) Commissioner Austin presented the FY 2015 first quarter report and moved that it be approved. Commissioner Sloan seconded the motion. The motion was adopted unanimously. 5 yes. 0 no.


4) Commissioner Jones presented the draft minutes of the February 5, 2015 public meeting. Commissioner Parks moved that the minutes be approved. Commissioner Carley seconded the motion. The minutes were adopted unanimously, 5 yes, 0 no.


The meeting was adjourned at 9:35 PM.