Minutes – Advisory Neighborhood Commission 4B

September 22, 2014 Regular Public Meeting

Approved at the October 27, 2014 Public Meeting

 

PLEASE NOTE:   In compliance with Roberts Rules of Order Newly Revised, 11th Edition, §48, page 468, the minutes of Advisory Neighborhood Commission 4B are a record of the actions taken by the Commission, not a record of what people said during the meeting.  Accordingly, comments made by commissioners or members of the public will not be recorded in detail in the minutes.  For a full record of everything that was said at the meeting, please go to www.anc4b.org and click on the “Meetings” link to hear an audio recording of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 


The meeting was called to order at 7:07 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 amended.

 

(a)  Commissioner Jones moved that a resolution recommending permanent barriers at Chillum Place and Tuckerman and Underwood Streets N.W. be added to the agenda.  Commissioner Green seconded the motion.  The motion was adopted unanimously by voice vote.

(b)  Commissioner Wheeler moved that agenda item #13, a resolution reaffirming support for Mi Casa’s intergenerational housing project at 6925 Georgia Avenue N.W., be moved to the beginning of the agenda to allow Mi Casa’s executive director to make a presentation.  Commissioner Green seconded the motion.  The motion was adopted unanimously by voice vote.

 

Commissioner Wheeler moved that the agenda as amended be approved.   Commissioner Green seconded the motion.  The motion was adopted unanimously by voice vote, 8 yes, 0 no.

 

2)         Recommendation Vote:   Permanent Barriers at Chillum Place and Tuckerman and Underwood Streets N.W.

 

Commissioner Jones moved that the Commission adopt a resolution recommending that the District Department of Transportation install permanent traffic barriers at Chillum Place and Tuckerman and Underwood Streets N.W.  Commissioner Grant seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

The adopted resolution:

 

Whereas, the temporary barriers have been in place since 2008

 

Whereas, DDOT proposed permanent barriers but have yet to vet this process

 

Whereas, Residents have repeatedly requested enforcing the barrier between residential and commercial areas

 

Resolved, to engage DDOT to put permanent barriers where the temporary barriers have been place for over six years.

 

Resolved, engage DDOT to work with the affected ANC (4B07) to find an effective and aesthetically pleasing barrier before the end of the calendar year

 

Resolved, Commissioner Judi Jones, ANC 4B07, will work with DDOT in all matters pertaining to the barriers.

 

3)         Presentation and Vote:  Resolution Reaffirming Support for Mi Casa’s Intergenerational Housing Project at 6925 Georgia Avenue N.W.

 

Following a presentation from Mi Casa, Commissioner Wheeler moved that the Commission adopt a resolution reaffirming its support for Mi Casa’s intergenerational housing project at 6925 Georgia Avenue N.W.  Commissioner Grant seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

The adopted resolution:

 

On May 22, 2012, the ANC 4B voted to support “the modified proposal of Mi Casa Inc., provided that the conditions stated in the “Resolution are followed.”  (See attached May 22, 2012 Resolution.)  

 

In July of this year, Mi Casa requested a letter of support from the ANC 4B for additional gap financing from the Department of Housing and Community Development for its project at 6925 Georgia Avenue N.W.

 

The additional funding will:

i)              Support greater levels of affordability to very low income households, in particular for seniors on fixed incomes and young single mothers and their children.

ii)            Allow Mi Casa to design, build, and sustain a familial network of support across multiple generations living in the building.  

 

This city is experiencing an ever-widening income gap plus increasing difficulty to find safe, affordable housing appropriate for multiple generations.

 

A Community Coordinator to serve the building’s residents “will coordinate community events and volunteer activities, as well as coordinating with outside service organizations, ensuring a holistic and integrated model that promotes self-sufficiency”.

 

The key components of the multigenerational community are:

 

1.    “Affordable rent across incomes and community volunteer hours in exchange for reduced rents.

2.    Community capacity enhancement component where mutual support and family-like relationships are developed, distinct from but supported by the nonprofit partners and available city services.

3.    A life-cycle living environment meant to reduce isolation along with integrated services through intentional coordination between the program and various city agencies and off-site services.”

 

 

RESOLVED:

 

That, given the benefits that would be provided by this proposal as outlined above, the ANC 4B is pleased to write a letter of support for Mi Casa to receive additional gap financing and local rent supplement as needed.

 

The ANC 4B also suggests that Mi Casa contact the developers of Metro Village, a 150-unit affordable housing building under construction on Spring Place, NW (behind the Gables), to explore the possibilities of coordinating some services in a way which could enhance the quality of life of the residents of both buildings.  

 

4)         Approval Vote:  Resolution Amending ANC 4B By-laws

 

Commissioner Jefferson moved that the Commission adopt a resolution amending Article VIII, Section of the Commission’s By-laws so that they conform to the provisions of the D.C. Code.  Commissioner Grant seconded the motion.  The motion was adopted, 8 yes, 0 no, 1 abstain.

 

The adopted resolution:

 

WHEREAS: 

Ř  Subchapter V, §1-309.11(f) of the D.C. Code provides that “Chairmanship of each Commission committee or task force shall be open to any resident of the Commission area. . . .”

Ř  Article VIII, Section 2 of the By-laws of Advisory Neighborhood Commission 4B is not in compliance with this provision of the D.C. Code,

 

RESOLVED:

 

That Advisory Neighborhood Commission 4B hereby amends Article VIII, Section 2 of its By-laws as follows:

 

Section 2.  The Chairperson of a Standing Committee shall be a Commissioner.  Any serving Commissioner or resident of the Commission area is eligible for appointment as the Chairperson of a Standing or Special Committee.  The Chairperson of each Standing or Special Committee shall be appointed by the Commission by a majority vote.

 

5)         Recommendation Vote:  Resolution Recommending Renaming of Emery Recreation Center to Emery Community Center

 

Commissioner Jefferson moved that the Commission adopt a resolution recommending that the Emery Recreation Center be renamed.  Commissioner Speaks seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

The adopted resolution:

 

WHEREAS:

Ř  The residents of the area have commonly referred to the Emery Recreation Center as the emery Heights Community Center ever since the facility was remodeled.

 

Ř  The facility hosts a wide range of community programs, events and services, such as senior programs, youth programs and homeless services, not just recreation programs.

RESOLVED:

That Advisory Neighborhood Commission 4B recommends to the Department of Parks and Recreation that the Emery Recreation Center be renamed the Emery Heights Community Center.

6)       Approval Vote:  Settlement Agreement between ANC 4B and Cheerz, 7303 Georgia Avenue N.W.

Commissioner Grant moved that the Commission adopt a resolution approving a settlement agreement with Cheerz.  Commissioner Parks seconded the motion.  The motion was adopted by roll call vote, 6 yes, 2 no, 1 abstain.

 

The roll call vote:

 

YES                                                                            NO                                                                  ABSTAIN

Grant                                                                          Green                                                             Jefferson

Parks                                                                          Wheeler

Speaks

Austin

Jones

Sloan

 

The adopted resolution:

 

RESOLVED:

 

Advisory Neighborhood Commission 4B approves and agrees to become a signatory to the attached Settlement Agreement with Cheerz, 7303 Georgia Avenue N.W., ABRA-095178.

 

FURTHER RESOLVED:

 

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

 

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 September, 2014, by and between MICHERIE LLC trading as CHEERZ (the Applicant), and ADVISORY NEIGHBORHOOD COMMISSION 4B (ANC 4B). 

 

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.

 

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 recycled 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___________________________________________________________­­­­___

 

 

7)       Evolve Vegan Restaurant, ABRA 095047, Application for Substantial Change in Its Class C Tavern License to Add An Entertainment Endorsement to Include Live Bands and Entertainers

 

Commissioner Green moved that the Commission adopt a resolution supporting and recommending approval of an application for a substantial change in the liquor license for Evolve Vegan Restaurant.  Commissioner Wheeler seconded the motion.  The motion was adopted unanimously by roll call vote, 9 yes, 0 no.

 

The roll call vote:

 

YES                                                                            NO                                                      ABSTAIN

Green

Wheeler

Grant

Parks

Speaks

Austin

Jones

Jefferson

Sloan

 

The adopted resolution:

 

RESOLVED:

That Advisory Neighborhood Commission 4B recommends that the application of the Evolve Vegan Restaurant, 341 Cedar Street N.W., ABRA-095047, for a substantial change in its Class C Tavern liquor license to provide an entertainment endorsement for live bands and entertainers with no amplification be approved.

8)         Discussion and Vote:  Resolution Regarding Recreational Facilities at Walter Reed Site

 

Commissioner Green presented a resolution making recommendations regarding a proposed swimming pool on the Walter Reed site.  Following discussion, Commissioner Parks moved that consideration of the resolution be postponed to the Commission’s public meeting on October 27, 2014.  Commissioner Speaks seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

9)         Resolution Reaffirming Recommendations Regarding the Zoning Regulations Rewrite

 

Commissioner Wheeler moved that the Commission adopt a resolution reaffirming its recommendations to the Zoning Commission regarding the rewrite of the zoning regulations.  Commissioner Jefferson seconded the motion.

 

Following discussion, Commissioner Austin moved that consideration of the resolution be postponed to the Commission’s public meeting on October 27, 2014. Commissioner Parks seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

10)      Vote:  Approval of Office Supplies Expenditures

 

Commissioner Grant noted that office supplies expenditures have exceeded the FY 2014 budgeted amount by $201.00.  He moved that the Commission adopt a resolution approving the excess expenditure.  Commissioner Parks seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

The adopted resolution:

 

WHEREAS: 

Ř  The FY 2014 budget allocated $1,000 for the purchase of office supplies,

Ř  Purchases of office supplies in the fourth quarter of FY 2014 exceeded the budget by $201.00.

 

RESOLVED:

That Advisory Neighborhood Commission 4B hereby approves the expenditure of

$201.00 for office supplies.

 

11)      Vote:  FY 2014 3rd Quarter Report

 

Commissioner Green moved that the FY 2014 3rd Quarter Report be approved.  Commissioner Parks seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

Community Concerns

 

For a full record of community concerns expressed at the meeting, please go to www.anc4b.org and click on the “Meetings” link to hear an audio recording of persons expressing community concerns, beginning at 3 minutes, 30 seconds.

 

 

 

 

 

 

 


 Eight people addressed the Commission with concerns or questions:

 

1)         Mr. Joe Radzievich, ANC 4B01 informed the Commission of a community meeting between EYA, the developer of the proposed apartment complex at the Takoma Metro Station, and concerned residents.  

 

2)         Mr. Alpha McPherson, ANC 4B01, referred to the proposal to build a swimming pool at the Walter Reed site.  He said there should be a process in place for vetting such proposals in an orderly way, and with reference to existing master plans. 

 

3)         Mr. Austin Carroll, ANC 4B08, said he had applied for a public space occupancy permit from the District Department of Transportation for a curb cut at 6501 3rd Street NW and asked for the Commission’s support.

4)         Mr. Michael Sindram, ANC 4B02, asked that the Commission to correct its minutes to reflect that Mr. Sindram had asked them to support Veterans Court (not Corps) and addressed several other concerns.

5)         Mr. Scott Knickerbocker announced that a group has formed to get a dog park established at a suitable location in the 4B neighborhood.

6)         Mr. Michael Cotton asked that documents related to items on the Commission meeting agenda be made available to the public in advance of the meeting in order to be better informed on the issues.

 

7)         Mr. Robert Tate said that Cheerz could not survive by closing at 11 PM.  He supported Cheerz’ extended hours. 

 

8)         Mr. Michael Sindram complained that Councilmember Bowser’s office was too busy campaigning to sign people up for a hearing on rent control. 

 

Presentations and Reports

 

1)         Dr. Marshall Summar, MD, presented the Children’s National Medical Center’s plans to renovate a large building on the Walter Reed site for medical research.

 

2)         Mr. Lawrence Jones, Office of People’s Counsel, presented information on the PEPCO/Excelon merger, PEPCO’s plans for undergrounding utility lines, and Verizon’s transition from copper phone lines to fiber optic cable.

 

3)         Commissioner Jefferson, Secretary, presented the draft minutes of the June 23, 2014 regular public meeting and the July 28, 2014 Special Public Meeting.  Commissioner Parks noted that she was not present at the July 28 special public meeting and asked that the minutes be corrected.  Commissioner Austin noted the correction requested by Mr. Michael Sindram.  Commissioner Jefferson moved that the minutes be approved as corrected.  Commissioner Speaks seconded the motion.  The minutes were adopted unanimously, 9 yes, 0 no.

 

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

 

ANC 4B Treasurer’s Report – September 22, 2014

 

As of August 29, 2014 the Industrial Bank checking account balance was $8,028.41.

 

Balance – 5/30/14                                                                                        $  6,879.35

                                                                       

Income – 6/1/14-8/31/14

Interest                                                                       $         0.99

Allotment – DC Government                                  $10,346.43

 

Expenditures – 6/1/14-8/29/14                              $  9,198.36

 

Ending balance – 8/29/14                                                                          $  8,028.41

 

 

 

As of March 31, 2014, the Industrial Bank savings account balance was $50,595.88.

 

Interest income – 12/31/13-3/31/14                      $     12.61

 

Ending balance – 6/30/14                                                                         $50,608.49

 

 

The following checks were cashed between 6/1/14 and 8/29/14:

Check #

Amount

Date Cashed

Name

Purpose

Meeting Approval Date

4912

461.70

6/16/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4913

461.70

6/27/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4907

600.00

7/2/14

Jamal’s Takoma Park LLC

Office rent

2014 budget

2/24/14

4908

600.00

7/2/14

Jamal’s Takoma Park LLC

Office rent

2014 budget

2/24/14

4909

97.86

7/3/14

Verizon

Internet

2014 budget

2/24/14

4910

99.37

7/3/14

Verizon

Landline telephone

2014 budget

2/24/14

4914

600.00

7/7/14

Jamal’s Takoma Park LLC

Office rent

2014 budget

2/24/14

4918

461.70

7/8/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4917

39.99

7/9/14

Verizon

Internet

2014 budget

2/24/14

4916

94.17

7/9/14

Verizon

Landline telephone

2014 budget

2/24/14

4915

143.19

7/10/14

Konica Minolta

Printing & Copying

2014 budget

2/24/14

4922

461.70

7/22/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4920

177.24

7/23/14

Konica Minolta

Printing & Copying

2014 budget

2/24/14

4921

1,000.00

7/24/14

4Ever Emery

Grant

6/23/14

4919

24.37

7/24/14

Capital Services & Supplies

Office supplies

2014 budget

2/24/14

4925

461.70

8/1/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4923

600.00

8/5/14

Jamal’s Takoma Park LLC

Office rent

2014 budget

2/24/14

4931

539.98

8/13/14

Office Depot

Equipment purchase

2014 budget

2/24/14

4930

1,000.00

8/14/14

Kids & Culture Camp

Grant

May 20, 2014

4927

39.99

8/15/14

Verizon

Internet

2014 budget

2/24/14

4926

111.10

8/15/14

Verizon

Landline telephone

2014 budget

2/24/14

4932

461.70

8/15/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4928

76.21

8/19/14

Konica Minolta

Printing & Copying

2014 budget

2/24/14

4933

461.70

8/22/14

James H. Irwin

Net salary & wages

2014 budget

2/24/14

4929

83.00

8/28/14

Community Printing Service

Printing & Copying

2014 budget

2/24/14

 

The meeting was adjourned at 9:49 PM.