Minutes – Advisory Neighborhood Commission 4B

March 23, 2015 Regular Public Meeting

Approved April 21, 2015


The meeting was called to order at 7:10 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, 4B04 Brenda Parks, 4B05 Brenda Speaks, 4B07 Judi Jones, and 4B09 Douglass Sloan. A quorum was present for all votes.


1) Announcement of Special Election


Commissioner Austin recognized Mr. Gottlieb Simon, Executive Director, Office of Advisory Neighborhood Commissions. Mr. Simon announced a special election to fill the vacant single-member commissioner vacancy in ANC 4B08. The election was to begin at 7:15 PM and end at 8:45 PM. The election polls were located in the back of the Commission meeting room.


2) Approval of the Agenda


The agenda as presented was amended.


Commissioner Carley moved that a presentation on the Walter Reed site by the master developer Urban Atlantic be added to the agenda. There was no objection.


Commissioner Austin moved that a presentation by Councilmember Vincent Orange be added to the agenda. There was no objection.


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






3) Resolution R15-0301 -- Recommendations Regarding Amendment of Alcoholic Beverage Control Board Regulations


Commissioner Austin moved that the Commission adopt a resolution recommending amendments to the rules of the Alcoholic Beverage Control Board. Commissioner Sloan seconded the motion. The motion was adopted, 6 yes, 0 no, 2 abstain.


The adopted resolution:


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


New rules are needed:



Establishment closing times should be changed:



RESOLVED:


That Advisory Neighborhood Commission 4B recommends that the Alcoholic Beverage Control Board amend §25-609 of its rules to explicitly require community organizations that file a protest of a liquor license application to have been in existence for a significant period of time.


FURTHER RESOLVED:


That the Commission recommends that the required period of time should be consistent with DC Code §25-421(a)(5), which provides that a community organization, to receive public notice of a liquor license application, must have been incorporated not less than 30 days before the filing date of the liquor license application. In other words, to have standing to protest a liquor license application, a community organization must have been incorporated and operational no less than 30 days before the filing date of the liquor license application at issue.


FURTHER RESOLVED:


That community organizations, to have standing to protest a liquor license application, must demonstrate an ongoing active relationship, involvement and interaction with the community.


FURTHER RESOLVED:


That the Commission recommends that §25-723(b)(1) of the Board’s rules should be amended to change the specified hours to 1:00 AM and 8:00 AM and that §25-723(b)(2) of the Board’s rules should be amended to change the specified hours to 2:00 AM and 8:00 AM.


FURTHER RESOLVED:


That the Commission designates Commissioner Andre´ Carley, ANC 4B01, to represent the Commission 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.


4) Resolution 15-0302 – Approving Proposed Rules of Procedure for ANC 4B


Following discussion of additional changes to the rules, Commissioner Judi Jones moved that consideration of the resolution be postponed to the April 20, 2015 meeting. Commissioner Parks seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


5) Resolution 15-0303 – Protesting the Application for Renewal of Liquor License – Kennedy Liquors, 5501 1st Street N.W., ABRA-076574


Commissioner Austin observed that the settlement agreement between the applicant and the Commission needs to be reviewed. He moved that the Commission protest the application on the basis of peace, order and quiet. Commissioner Sloan seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


The adopted resolution:


RESOLVED:


That Advisory Neighborhood Commission 4B protests the application of Kennedy Liquors, 5501 First Street N.W., ABRA-076574, for the renewal of its Class A Retail liquor license on the basis of concerns about peace, order and quiet.


FURTHER RESOLVED:


That the Commission designates Commissioner Ronald Austin, ANC 4B06, to represent the Commission 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.


6) Resolution 15-0304 – Certifying Results of a Special Election to Fill a Vacancy in Single-member District 4B08.


Commissioner Austin reported that the polls for the special election had been closed at 8:45 PM and the votes counted. The results were:


Christopher Gabris Nine votes

Ebonie Purvis Four votes

Barbara Rogers 36 votes


Ms. Barbara Rogers was declared the winner of the special election.


Commissioner Judi Jones moved that the Commission adopt a resolution certifying the results of the special election. Commissioner Carley seconded the motion. The motion was adopted unanimously, 8 yes, 0 no.


The adopted resolution:


The Board of Elections informed ANC 4B that the candidates who qualified to fill the vacancy in SMD 4B04 were Christopher Gabris, Ebonie A. Purvis, and Barbara Rogers.


The Commission therefore conducted an election on March 23, 2015 at the Community Meeting Room, Metropolitan Police Department 4th District Headquarters, 6001 Georgia Avenue N.W.


The winner of the election was Barbara Rogers.


RESOLVED:


That ANC 4B requests the Board of Elections declare the vacancy filled by Barbara Rogers by publication in the District of Columbia Register; and,


FURTHER RESOLVED:


That copies of this resolution also be sent to the Council, the Mayor, and Barbara Rogers.



Community Concerns








: The following people addressed the Commission with concerns:


1) Mr. [name inaudible], 4B07, said he lived on the 6600 block of Blair Road and was in full support of the proposed Metropolitan Bike Trail.


2) Ms. Melinda ______, a public school teacher with the DC Public Schools, expressed concern about the termination of the Employer-Assisted Housing Program tax credits for first-time home buyers. She expressed hope that the program would be reinstated.


3) Ms. Linda Gray said she was concerned about the Metropolitan Bike Trail being located on Eastern Avenue. If that is done, parking on Eastern Avenue will have to be eliminated.


4) Ms. Tamira Robinson, Board of Elections, announced the special election to fill the Ward Four Council Seat, scheduled for Tuesday, April 27, 2015. She said she had brochures and information on the election.


5) Ms. Jocelyn Johnson, ANC 4B03, said that there are many potholes that need to be repaired, especially Eastern Avenue between Kansas Avenue and North Capitol Street. She has called 311, but has gotten no response.


6) Mr. [name inaudible], 4B06, said he was concerned about resolutions R15-0301 and R15-0302, which seemed to be written to make it easier for businesses to get a liquor license.


7) Mr. Michael Sindram, ANC 4B02, suggested that community concerns should come in the middle of the meeting, not the beginning. He urged voters to consider merit, not rhetoric, when considering who to vote for for Ward Four Councilmember.


8) Ms. Ebonie Purvis, a candidate for the vacant ANC 4B08 seat, supported the comments of Mr. Michael Sindram and urged greater transparency in the conduct of city and ANC business.





Presentations and Reports


1) Mr. Paul Hoffman, District Department of Transportation, presented the plans for the revitalization of Kennedy Street.


2) Representatives of Urban Atlantic, the master developer for the Walter Reed site, presented details of their plans for the site.


3) Councilmember-at-large Vincent Orange presented information and his views and concerns about a variety of issues.


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


Checking Account Balance – 1/30/15 $ 5,018.85

Income – 2/1/15-2/27/15 Interest $ 0.16


Expenditures – 2/1/15-2/27/15 $ 1,765.43


Ending balance – 2/27/15 $ 3,253.58


5) Commissioner Jones presented the draft minutes of the February 23, 2015 public meeting. She noted one correction: the resolution supporting the Friends of Takoma Recreation Center Partnership with the Department of Parks and Recreation should include a provision that FTRC should have a regular schedule of board meetings and publicize them to the community. Commissioner Carley moved that the minutes be approved as corrected. Commissioner Frank Jones seconded the motion. The minutes as corrected were adopted unanimously, 8 yes, 0 no.


The meeting was adjourned at 9:45 PM.