Minutes – Advisory Neighborhood Commission 4B

February 5, 2014 Regular 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 Andre Carley, 4B02 Frank Jones III, 4B03 Fred Grant, 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.


Commissioner Judi Jones moved to remove agenda item #16, Resolution 15-0109 – Recommendations to the Public Service Commission Regarding the PEPCO/Excelon Merger, and postpone it to the Commission’s February 23, 2015 meeting. There was no objection.


Commissioner Carley moved to add an amendment to the settlement agreement with Cheerz to the agenda. There was no objection.


Commissioner Austin moved to remove agenda item #13, Resolution 15-0106 – Recommendations Regarding Amendment of Alcoholic Beverage Control Board Rules. There was no objection.


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


2) Election of Officers


Mr. Gottlieb Simon, Executive Director of the Office of Advisory Neighborhood Commissions, conducted the election of officers for 2015.


Commissioner Sloan nominated Commissioner Austin for Chairperson. There were no other nominations.


Commissioner Austin was elected Chairperson by acclamation.


Commissioner Austin nominated Commissioner Sloan for Vice-Chairperson. There were no other nominations.


Commissioner Sloan was elected Vice-Chairperson by acclamation.


Commissioner Grant nominated Commissioner Judi Jones for Secretary. There were no other nominations.


Commissioner Judi Jones was elected Secretary by acclamation.


Commissioner Speaks nominated Commissioner Grant for Treasurer. There were no other nominations.


Commissioner Grant was elected Treasurer by acclamation.


Commissioner Austin assumed the Chair.


3) Election of Walter Reed Citizens Advisory Committee Representative


Commissioner Parks nominated Commissioner Speaks to be the Commission’s representative on the Walter Reed Citizens Advisory Committee. There were no other nominations.


Commissioner Speaks was elected 8 yes, 0 no.


4) Resolution 15-0101A-15-0101D – Resolutions of Commendation and Thanks


Commissioner Carley moved that the Commission adopt a resolution thanking and commending Commissioner Sara Green, ANC 4B01, for her service. The resolution was adopted unanimously, 7 yes, 0 no.


Commissioner Frank Jones III moved that the Commission adopt a resolution thanking and commending Commissioner Faith Wheeler, ANC 4B02, for her service. The resolution was adopted unanimously, 7 yes, 0 no.


Commissioner Sloan moved that the Commission adopt a resolution thanking and commending Mr. Richard Holzsager for his volunteer service developing and maintaining ANC 4B’s website. The resolution was adopted unanimously, 7 yes, 0 no.


The adopted resolutions:


Resolution R15-0101A


Advisory Neighborhood Commission 4B takes note of the following:




RESOLVED:


That Advisory Neighborhood Commission 4B hereby commends and thanks Commissioner Green 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.


Resolution R15-0101B


Advisory Neighborhood Commission 4B takes note of the following:



RESOLVED:


That Advisory Neighborhood Commission 4B hereby commends and thanks Commissioner Faith Wheeler 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.


Resolution R15-0101D


Advisory Neighborhood Commission 4B takes note of the following:





RESOLVED:


That Advisory Neighborhood Commission 4B hereby commends and thanks Mr. Richard Holzsager for his dedicated and outstanding service providing a comprehensive, well-designed website communicating the work and issues addressed by ANC 4B, and extends its best wishes to Mr. Holzsager in his future endeavors, knowing that he will continue to work for the welfare of the residents of the District of Columbia.




5) Resolution 15-0102 – Approving ANC 4B 2015 Meeting Dates


Commissioner Grant moved that the Commission adopt a resolution setting the Commission’s meeting schedule for 2015. Commissioner Carley seconded the motion. The motion was adopted unanimously, 7 yes, 0 no.


The adopted resolution:


RESOLVED:


That Advisory Neighborhood Commission 4B hereby adopts the following meeting schedule for the year 2015:


The fourth Monday of the month, in the community meeting room, MPD Fourth District Headquarters, 6001 Georgia Avenue N.W., beginning at 7:00 PM, except the months of May, July, August and December:


February 23

March 23

April 27

May 18

June 22

July – no meeting

August – no meeting

September 21

October 26

November 23

December – no meeting


6) Resolution 15-0103 – Authorizing Participation in 2015 ANC Security Fund


Commissioner Grant moved that the Commission adopt a resolution approving its participation in the ANC Security Fund. Commissioner Judi Jones seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


The adopted resolution:


RESOLVED:


That Advisory Neighborhood Commission 4B approves its participation in the Advisory Neighborhood Commission Security Fund and authorizes the Treasurer to pay the $25.00 fee for the period January 1, 2015 through December 31, 2015. The Chairperson and Secretary are authorized to execute the attached agreement.


It is understood that (1) the check for participation in the ANC Security Fund should be made payable to “ANC Security Fund,” (2) the ANC is not considered a participant in the Fund until the ANC has received the acceptance section of the agreement which has been signed by the District of Columbia Auditor, and (3) the agreement will not be accepted by the Auditor until all required documents have been received by the Office of the Auditor. The required documents are:


Resolution

Agreement

ANC Check

Statement of Information-Chairman

Statement of Information-Treasurer

Bank Survey

Copy of Current Bank Signature Card



7) Resolution 15-0104 – Approving Rules of Procedure for Commission Operations and Meetings


Commissioner Austin announced the proposed rules of procedure and discussed the proposed committees. He moved that the consideration of the proposed rules of procedure be scheduled for the February 23, 2015 public meeting. There was no objection.


8) Resolution 15-0105 – Supporting the Continuing Partnership of Friends of Takoma Recreation Center and the Department of Parks and Recreation


As no representative of Friends of Takoma Recreation Center could be present at the meeting, Commissioner Austin suggested that this matter be postponed to the February 23, 2015 public meeting. There was no objection.


9) Resolution 15-0107 -- Recommendation to Historic Preservation Review Board: 7220 Blair Road


Commissioner Carley moved that the Commission adopt a resolution supporting a proposed garage at 7220 Blair Road N.W. Commissioner Grant seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


The adopted resolution:


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



RESOLVED:


That Advisory Neighborhood Commission 4B supports Ms. Charlene Nilsen’s proposal as revised and recommends that the Historic Preservation Review Board approve her application.





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 her or 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.


10) Resolution 15-0108 – Recommendations to Zoning Commission Regarding ZC 14-11, Text Amendments to Chapters 1, 3, and 4, Definitions, Maximum Height and minimum Lot Dimension Requirements in Residence Zones, and R-4 Zone Use Permissions

Commissioner Judi Jones moved that the Commission adopt a resolution making recommendations to the Zoning Commission regarding certain text amendments. Commissioner Parks seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


The adopted resolution:


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



RESOLVED:


That Advisory Neighborhood Commission 4B supports the following proposed changes to the Zoning Regulations:


  1. Require developers to obtain a special exception from the Zoning Commission to construct upper additions that extend the maximum building height to 40 feet. We understand that this proposed change will generally prevent the conversion of single-family homes to three or more unit condominiums without first obtaining approval by the Zoning Commission


  1. To obtain a special exception from the Zoning Commission to build up to 40 feet, the developer must show that:


    1. The planned development will not have a substantially adverse effect on the use or enjoyment of any abutting or adjacent property, in particular:


      1. The light and air available to neighboring properties shall not be unduly affected;


      1. The privacy of use and enjoyment of neighboring properties shall not be unduly compromised; and


      1. The resulting building or structure height, as viewed from the street, alley, and other public way, shall not substantially visually intrude upon the character, scale and pattern of houses along the subject street frontage.


    1. The planned development will not have a substantially adverse effect on the defining architectural features of the building or result in the removal of such features.


  1. Restrict the maximum height of deck structures (e.g. stairways, elevators, and housing for mechanical equipment) on row homes and one-family detached homes to 10 feet in height above the roof, reducing it from 18½ feet above the roof.


FURTHER RESOLVED:


  1. The Commission strongly recommends that the Zoning Commission require that proposed projects in the R-5 zone must obtain a special exception when changing the character of the block, street and/or neighborhood by demolishing a structure and building a multi-family unit.


  1. The Commission supports changes recommended by Congress that agree with and support the comprehensive plan for the District of Columbia.


  1. The Commission recommends that all new zoning regulations for all residential zones be subject to a limited special exception so that developments inconsistent with these regulations will be reviewed and approved on an individual basis.


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 or 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.


11) Resolution 15-0110 – Amending a Settlement Agreement with Cheerz, 7303 Georgia Avenue N.W.


Commissioner Carley moved that the Commission adopt a resolution approving an amendment to a set6tlement agreement with Cheerz. The motion was seconded by Commissioner Parks.


Following discussion, Commissioner Carley moved that consideration of the resolution be postponed to the February 23, 2015 public meeting. There was no objection.


Community Concerns


: The following people addressed the Commission with concerns:


1) Ms. Bernita Thompson, ANC 4B08, said that she was very tired of people allowing their dogs to defecate in front of her house without picking up the dog waste. She said she had ordered signs that remind people to clean up after their dogs. She asked that the Commission reimburse her for the cost of the signs.


RESPONSE: Commissioner Austin asked Ms. Thompson to submit a grant application and said that it would be submitted to the DC Auditor to ensure that the application complied with applicable laws.


2) Mr. Michael Sindram, ANC 4B02, addressed the following issues:

(a) a swimming pool at Walter Reed is not needed; (b) a grant application from Digital Dynamo should be revisited and approved because the proposal does not duplicate government services; (c) the Commission should support Veterans Court; (d) there is no building office or on-site personnel at his condominium building as required by a settlement agreement; (e) there is no protection for condo owners who are threatened with foreclosure because of a deficiency in the law.


3) Commissioner Acqunetta Anderson, ANC 4A01, thanked the Commission for its letter supporting the proposed swimming pool at Walter Reed. She asked that people now sign the petition supporting the pool and to retain funding for the pool in the DC budget.


4) Commissioner Doug Sloan, ANC 4B09, recognized and welcomed Ms. .Barbara Rodgers, President of the Lamond-Riggs Civic Association, who was present in the audience. The Association meets on the first Monday of the month at the LaSalle Recreation Center.


5) Commissioner Fred Grant, ANC 4B03, commended and thanked the Metropolitan Police Department for its fine work in his single-member district. He said the department was doing a fantastic job.



Presentations and Reports


1) Mayor Muriel Bowser discussed issues of interest to the community and answered questions and comments from Commissioners and the audience.


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


As of December 31, 2014 the Industrial Bank checking account balance was $12,766.47.


Balance – 10/31/14 $ 6,479.13

Income – 11/1/14-12/31/14

Interest $ 0.52

D.C. Allotment $10,820.78


Expenditures –11/1/14-12/31/14 $ 4,533.96


Ending balance – 12/31/14 $12,766.47



As of December 31, 2014, the Industrial Bank savings account balance was $50,634.01.


On September 30, 2014, the savings account balance was $50,621.25.

Interest income was $12.76.

Balance on 12/31/14: $50,634.01



3) Commissioner Austin presented the draft minutes of the November 23, 2014 public meeting. Commissioner Carley moved that the minutes be approved. Commissioner Grant seconded the motion. The minutes were adopted unanimously, 8 yes, 0 no.


The meeting was adjourned at 8:52 PM.