ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR … · Resolution Approving ANC 6B Participation in the...

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1 | Page ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR MEETING Hill Center at the Old Naval Hospital 921 Pennsylvania Avenue SE January 12, 2016 DRAFT AGENDA 1. Adoption of Agenda 2. Election of Officers 3. Community Speakout 4. Community & Commission Announcements 5. Consent Agenda Minutes December 8, 2015 meeting Planning & Zoning Committee HPA #16-145, 240 Kentucky Avenue SE, concept/rear addition: Nantucket Holdings/John Formant (owner) & Gayll Worsley (architect). HLA #15-18, The Furies Collective Building (219 11 th Street SE), historic landmark designation: Robert Pohl (owner), Mark Meinke (author) & Tisha Allen (DC Preservation League). DDOT Tracking Number 119296, 801 Virginia Avenue SE, driveways (close existing; open new), landscaping, utilities excavation, building projections, paving new driveway, etc. Nathan Hamman, Northfield Development. PSC Hearing: January 28, 2016 6. Presentation Leif Dormsjo, Director, District Department of Transportation 7. Appointment of Resident Member to Transportation Committee Kelly Waud, 1330 L Street SE, ANC6B07 8. Planning & Zoning Committee HPA #15-098, 655 C Street SE, concept/infill, dogleg, addition to garage: Ramoune & Co, LLC/Darien Darayand (owner) & Todd Douglas (agent) BZA #18938, 325 5 th Street SE. Motion for Reconsideration by Parties in Opposition Robert A. Shelton and Mark Flynn. BZA hearing: January 19, 2016 BZA #18915, 1330-1336 Pennsylvania Avenue SE. Request to Reopen the Record. William Wooten, (abutting neighbor). BZA hearing: not yet scheduled DDOT Tracking Number 118910, 516 Archibald Walk, construction of tree house: Ellen Psychas & Bing Yee (owners). PSC Hearing: January 28, 2016 Raze Permits for 1341, 1345, 1347, and 1349 K Street SE: Gene Pecar (developer). 9. Transportation Committee Letter to DDOT with Comments on its Proposed Rulemaking Vision Zero

Transcript of ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR … · Resolution Approving ANC 6B Participation in the...

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ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

January 12, 2016

DRAFT AGENDA

1. Adoption of Agenda

2. Election of Officers

3. Community Speakout

4. Community & Commission Announcements

5. Consent Agenda

Minutes

December 8, 2015 meeting

Planning & Zoning Committee

HPA #16-145, 240 Kentucky Avenue SE, concept/rear addition: Nantucket Holdings/John Formant

(owner) & Gayll Worsley (architect).

HLA #15-18, The Furies Collective Building (219 11th Street SE), historic landmark designation:

Robert Pohl (owner), Mark Meinke (author) & Tisha Allen (DC Preservation League).

DDOT Tracking Number 119296, 801 Virginia Avenue SE, driveways (close existing; open new),

landscaping, utilities excavation, building projections, paving new driveway, etc. Nathan Hamman,

Northfield Development. PSC Hearing: January 28, 2016

6. Presentation

Leif Dormsjo, Director, District Department of Transportation

7. Appointment of Resident Member to Transportation Committee

Kelly Waud, 1330 L Street SE, ANC6B07

8. Planning & Zoning Committee

HPA #15-098, 655 C Street SE, concept/infill, dogleg, addition to garage: Ramoune & Co,

LLC/Darien Darayand (owner) & Todd Douglas (agent)

BZA #18938, 325 5th Street SE. Motion for Reconsideration by Parties in Opposition Robert A.

Shelton and Mark Flynn. BZA hearing: January 19, 2016

BZA #18915, 1330-1336 Pennsylvania Avenue SE. Request to Reopen the Record. William Wooten,

(abutting neighbor). BZA hearing: not yet scheduled

DDOT Tracking Number 118910, 516 Archibald Walk, construction of tree house: Ellen Psychas &

Bing Yee (owners). PSC Hearing: January 28, 2016

Raze Permits for 1341, 1345, 1347, and 1349 K Street SE: Gene Pecar (developer).

9. Transportation Committee

Letter to DDOT with Comments on its Proposed Rulemaking – Vision Zero

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10. Financial

Treasurer’s Report

Resolution Approving ANC 6B Participation in the ANC Security Fund and Expenditure of $25 fee

for the period January 1, 2016 through December 31, 2016.

Approval of expenditure ($450): Rent for room at Hill Center for March, April & May 2016 ABC

Committee Meetings

11. Re-adoption of 2016 Meeting Calendar

12. Eastern Market Community Advisory Committee Report (December 2015)

13. Hine Community Advisory Committee Report

14. ANC 6B Contract for Hiring of Administrative Assistance

15. Consideration of Amendments to Standing Rules

16. Adjournment

PLEASE NOTE: Some items on this agenda will be considered on the consent agenda. An updated full agenda with items assigned to the consent agenda and

regular agenda will be posted on Friday, January 8, 2016. At regular Commission meetings, any item may be removed from the consent agenda and placed on the regular agenda at the request of a single Commissioner. All ABC, BZA, Zoning, and Historic Preservation cases on the consent agenda will be fully discussed at

the appropriate monthly committee meetings. Late-breaking ABC, BZA, Zoning, or Historic Preservation cases may be added to this agenda. For additional

information, email [email protected], or visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Tuesday, February 9, 2016.

SUBSCRIBE TO OFFICIAL ANC 6B NOTIFICATIONS AT THE COMMISSION’S WEBSITE: www.anc6b.org

IMPORTANT NOTE: The following item has been removed from the January 12 meeting agenda by unanimous consent of the P&Z Committee.

ZC 15-12, 1401 Pennsylvania Avenue PUD (CASRiegler), Memorandum of Understanding, Community Benefits Package; ZC Hearing

February 4, 2016.

The ANC will further discuss and vote on this Planned Unit Development at a Special Call Meeting on Tuesday, January 19, 2016, at the Hill

Center from 7pm to 9pm.

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DRAFT

ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

December 8, 2015, 7 p.m.

DRAFT AGENDA

7:01pm meeting commences – Commissioners Present: Hagedorn, Oldenburg, Krepp Chao, Loots, Burger

1. Adoption of Agenda

Oldenburg – Any changes to offer? Will add office of zoning form, have to vote whether we want electronic

notification, so will add on agenda between 13 and 14. We are going to be holding a closed session toward the end

of tonight’s agenda before we adjourn. When we get to that point we have to ask everyone to leave so we can have a

closed meeting regarding our FOIA situation. I want to delete several items from the agenda. There’s a BZA case

19153 Re: 1524 Independence Ave. Applicant has requested the BZA delay the hearing. That is one item to be

deleted. There’s also a section number 11 Re: testimony on great weight. I didn’t see commissioner submit

testimony on that so ask that we delete. Also we will delete EMCAC report; that will be on different cycle so we

will skip one month and resume next month. Another last item to change, under Alcohol Beverage Cmte, number 6,

I’d like to move Trader Joe’s to be presented first then followed by Bullfrog Bagels. Trader Joe’s will be quick so

they don’t need to sit and wait for Bullfrog Bagels. Any questions?

Loots - move we adopt agenda as so modified, Hagedorn 2nd. All in favor 8-0 approved, Flahaven Chander absent.

Is there a lady here on the BZA meeting? Yes, that’s why I am here. I apologize we did not get word out. The

applicant just notified us of the change.

Krepp – I’m the ANC commissioner I can speak with you (to audience member).

Oldenburg – On behalf of our ANC 6B Commissioners, wish to say a few words about Wilbur Hill. As many know,

Wilber Hill, who was a member of this Commission for 21 years, died on November 24th. We would like to take a

few moments to remember him and his dedication to his community over those and more years.

Will last served on the Commission in 2009, leaving office in January 2010. My time on the Commission

overlapped Will’s only in his last two years; the Hill Rag’s excellent article has given all of us a wonderful sense of

how well Will served his community. I think we can easily say that Will was the longest serving ANC 6B

Commissioner and he may hold that record for years to come. While on the Commission, he served as Vice Chair of

6B many times and was a longstanding Chair of the then-Public Safety Committee. He was the first 6B representative to Eastern Market and helped to create the 1999 legislation on the Market that still stands today.

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Will’s funeral was in Culpeper VA, his hometown. But, there will be a Memorial Service here on the Hill on December 16th from 530p to 800p, at the Liberty Baptist Church, Fellowship Hall.

Commissioner Jayaraman joins panel.

2. Community Speakout

Seth Shapiro – Ward 6 Liaison for Mayor - Want to announce a few appointments – Bill Matuszeski an ANC 6B

resident was appointed by Mayor Bowser to serve on Chesapeake Bay Citizens Advisory Committee. Commissioner

Chao was also appointed by the Mayor to serve on the Chesapeake Bay Local Government Advisory Committee.

Both committees are made of multi state representatives from NY, NJ, PA, WV, MD, VA and DC and work on

advising agencies working to restore the Chesapeake Bay Watershed.

Chao – Am very grateful for the appointment by Mayor Bowser and am looking forward to use my knowledge and

experience on conducting oversight of several federal agencies that oversee this program like US EPA, Interior,

National Marine Fisheries Service, and US Army Corp. Look forward to working with the other appointee

Councilwoman Brianne Nadeau on Chesapeake Bay clean up and ensuring our tax dollars are being well spent in

this multi state management project.

Leon Kafele, Chairman CEO of ICP Group - As work been considered, asked to think about Potomac Gardens as

asset. We want to introduce ourselves to fellow commissioners and also come back next year with open discussion,

open ended questions about what can be done at Hopkins and PG. This is intended to be an external discussion. We

spent about a year or two, created a petition at 1229, which is the asset we like to put forth as the initial development

project. This is an effort to introduce ourselves.

Asking for assistance to move forward, because shortage of housing we have to be sensitive, we have 1229 as asset

to build 120 units. We can build on PG or Hopkins to match that asset. Once it is complete.

Chao – Requests who he has spoken with, Ms. Matthews or Ms. Vann Ghasri? This is the first I have heard about

this project. I’m the SMD commissioner that represents PG and Hopkins.

Kafele – Have spoken with some residents in PG, as we know there are several segments / buildings…

Chao – But you have not spoken the President of resident council?

Oldenburg – Requests that we circle back on this matter and be sensitive of time and discussion due to Commander

Brown and busy agenda.

Chao – Being cognizant of our busy agenda, be happy to speak with you and follow up later.

Samanthat Bertaki, East Capitol and 18th SE - Teacher pre-K, I am here to talk about small donor campaign

financing and what could mean for DC. There’s an initiative on city council to match small donor contribution to

campaign 501, DC residents would have a bigger say in what’s happening in terms of what’s happening. Once

councilmember or Mayor in office, they are free to make decisions based on public interest instead of those who

donate a lot of money. I’m not sure what the protocol, but if you call can look and sign on to endorse the idea, or put

on agenda for January I’d appreciate it.

Oldenburg – if you are circulating a petition, it is distracting and I apologize, but we need to consider to add on

agenda sometime, if you can send us an email.

Joel Truitt – I’d like to ask council if you can reconsider your policy of dumpster in residential neighborhood. Every

residential project is allowed two dumpsters, and seem excessive.

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Oldenburg – You mean for renovation projects, dumpsters out front? I don’t think we’ve looked into this issue at all

but can certainly consider it with the next EC meeting as to what we want to do. I appreciate you bringing it to our

attention and we will get in touch with you. We will take it under consideration.

3. Community & Commission Announcements

Krepp – Last month I told you guys I FOIA’d US Department of Justice for prosecution rate of every ward in city.

Received a letter back to tell me I can suspend, withdraw, tailor or pay for my request. I’ve agreed to pay $1000. In

order to raise that money I’m having a bake sale from 1-4pm, Sunday at Eastern Market. My friends will bake

brownies and please stop by. Again it is for everybody’s benefit. As I told DoJ we want the data to share with

police ANC community so we fully understand what is happening and why crime is happening in DC.

Oldenburg – On 7th Street there has been a building going up at 522 7th for a few years. It is the Mormon’s newly

completed meeting house on capitol hill and on 12/12 from 10-4, open house for refreshments, scavenger hunts, sing

along carol and food drive for Capital Area Food Bank.

Loots - I have had meetings with leadership of that church, they are open to be a part of community and open to

allow their structure to be used for the community. I think they will be a productive and helpful part of our

community.

Oldenburg – Previously at their old Safeway building, we used their former meeting hall for a number of our ANC

meeting.

4. Consent Agenda

Oldenburg – Two items. Meeting minutes and Zoning Case. Would someone like to move.

Jayaraman – Move to approve. Burger 2nd, 9-0 approved.

Minutes

Meeting of November 10, 2015

Planning & Zoning Committee

ZC Case #04-33G, Amendments to Chapter 26, Inclusionary Zoning. Hearing: January 28, 2016

5. Presentation

Commander Jeff Brown, 1D MPD

Brown – Good evening, I’m Jeff Brown, Commander of 1st District.

Update: Issue of concern, crime on Hill East, it has been about 6 weeks or so ago we had a big meeting in reference

to increase of robbery on capitol hill. A whole host of attendees, a couple of hundreds attendees. We have

subsequently heavily attended PSA 108 meeting. Issues that came out of meeting: The chief wants all to know

additional resources she has put in, she rode around and toured and sent additional resources to 1st district. In

addition to that we have overtime implementing to combat robberies. While robberies as a whole are still up in 1st

district for the year, normally I don’t give percentage, but for last 30 days we had decrease in robberies. There has

not been an increase in the last 30 and have made a couple of arrests. The first area that experienced these issues

was at Independence at 17th and 19th.

I’d put officers there then bad guys move to 14th, then we put officers there, then bad guys relocate. Last week , it

seems like they are around Potomac Ave Metro. Same kind of robberies, iPhone, snatch purse then run away. Last

Thursday I believe we made an arrest for one robbery. There were some other statistics on robbery, there were 24

individuals arrested in 6 month period for robberies. Some are linked to multiple robberies.

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The trend or common traits are not new. Out of 24 arrested only 1 resides in first district. Rest came from 6th or 7th

district. Large portion are juveniles, which is another issue in terms of detention and prosecution. We hope the

downward trend continues, 32 percent reduction, that is. I don’t know if I mentioned it, but anytime we arrest

someone we always debrief and get info from them if they are willing to talk to us about what they did and whether

they know anyone else. Couple of weeks ago we arrested a group of juveniles that came from across the bridge.

One individual talked to us and said that they had planned to go to capitol hill area to rob individuals. As law

enforcement we need to get the word out that it is not okay or easy to rob here. Hopefully if we do that they will

take it elsewhere. They are coming over to this area to conduct robberies, use stolen cars in other areas, change tags,

then conduct robberies.

Jayaraman – There was a post last night at 10:21p, any update on 9 to 12 juvenile males assaulting on unit block of

19th SE? It seems like there are more incidents where groups are traveling and committing crime together then

disperse.

A: Unfortunately not. That is the trend now. A lot of them are coming around on bicycles, some are using stolen

cars. We have a curfew unit each night and I’ve given directive to pick up as many juveniles who are violating

curfew. We let them know at minimum we are in the area. Curfew enforcement is top priority.

Samolyk – what time is the curfew?

A: for 17 and under is 11-7.

Samolyk – I hear your statistic on a 32 percent decrease, I’m not seeing that. I’m also noticing a trend of more

violent crimes. And you’re right they are being done by group of juveniles. Just this Saturday at 11a, right in front

of my house, someone smash through car window. I see people case on my block, and have called police. I live in

6B01. I called and responders say, “do you need to send car”? etc. I don’t mean to be snarky to those that I’m

calling but I’m frustrated. On 11/24 we had a sexual assault on 8th street. I have lived on the hill since 1999 and

have always felt comfortable but now I don’t anymore. We the Pizza had a mass robbery and they are two or three

block from the US Capitol. They are becoming more brazen. I hear what you are saying – decrease. What I’m

seeing is smashed windows, I want to help you. What can we do?

A: Decrease for violent crime 32 percent. Decrease too in robbery, but theft is always a concern. We have

mandatory foot beat in this area. One guys is on mountain bike and park of the CIU is that they conduct surveillance

on people walking and casing cars, houses, and they stop and intervene before crime is committed. We have a lot

more to do.

Loots – It does in fact seem crime is more blatant and notorious. Increasingly so. Your statement is good news and

welcome. Once you make arrest of juveniles is beyond your hands. One of the things that chief Lanier said at

October meeting was that the presence of police on street does not do a lot to decrease crime. I’m sure there are

multiple studies, but speaking as a citizen I sure feel a lot better and I sure feel there is a prophylactic effect like

when I exit Eastern Market stop and police cruisers are there as opposed to walking on street by myself. I want to

know your thoughts re: presence.

A: You have to have visible presence for obvious reasons, to instill sense of security and let bad guys know we are

out and watching. The problem with that is the visible presence is great, but most crimes are crimes of opportunity.

If someone is intent on committing crime and we are on block x they will go two or three blocks up and wait. It is

not that we shouldn’t be visible, but crime of opportunity, it doesn’t take much time for someone to commit. Years

ago we had a lot of people at Chinatown and crimes were still being committed in front of police. I think that was

what Chief Lanier was alluding to. It takes more than presence to deter crime.

Oldenburg – PSA 106 has been without a permanent Lt for months. Is there someone there in the pipeline?

A: As you said Lt. Fowler has had to handle double duty for 106 and 107. 106 Lt. been out on injury and just came

back yesterday. He has serious back injury, Lt. Christopher Avery, he is assigned to 106, but not full duty right now.

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Oldenburg – Thank you I didn’t realize there was somebody there.

Krepp – Two months ago one of my resident and neighbor was raped it is my understanding the perpetrator - he is

still in MD. When is he coming to DC?

A: I don’t know. I don’t know if he’s fighting extradition. Charge in MD has to play out. Then the fugitive warrant

will be initiated upon him. Then process will go forward.

Krepp – On Nov 26, you arrested an individual at 1700 Indep SE, I looked him up. He had been arrested back in

2010 and was released. Gov’t admitted lack of evidence, case was dismissed. How many times has DoJ released

people arrested due to lack of evidence, and do they convey that to you?

A: You’re asking me this question? You know I don’t know that answer.

Krepp – I’m making case that DoJ aren’t sharing evidence with our local police officers. If we don’t get it (the

information) they (local law enforcement) don’t get it and that is what’s horribly wrong with this situation.

Kathleen Frydl – I want to solicit your thoughts on PSA meetings. I think Lt. Fowler can attest that he and I try to

turn to problem solving space. Couple of problems. He is often the only officer there. A lot of times Lt. Fowler and

MPD can’t answer questions we as residents have. I see Kirsten and some others there and I don’t see some other

Commissioners there and I don’t want to make assumptions I understand there may be conflicts in schedule.

What are your thoughts of revitalizing that as problem solving space?

A: The PSA can be run in any way the Lt. feel appropriate. If you know that there is an issue with another agency,

we can reach out to get a rep there in advance. If there appear to be a better date and time we can do the meting,

nothing is etched in stone. We can easily adjust the monthly PSA meeting.

Opper Weiner – Will Hill used to hand out flyers prior to all PSA meetings. That was one method that seemed to

work. But that’s not why I raised my hand. I want to say Monday night I was on my way north on 9th and E Capitol

and I saw police officer in plain clothes. Reason why I think he was police is I saw he was wearing his gun. He

seemed to want to cross the street, the question is, he clearly didn’t want to have eye contact with me. I was happy

to see someone there. Is there a way that is appropriate to behave in that situation?

A: He could have been anyone from any agency, off or on duty, or live in area. Just proceed normally

Cameras: They are in the process of generating more cameras, re: distribution I don’t know at present time. I don’t

know the time line either. The Capitol Shield project. What they will do is donate any surveillance camera and

install it to any business free of charge. Only business, not residential. Monitoring fee exists. Also what that allows

them to do is we automatically can tap into those cameras. They have 1000 cameras available only 100 businesses

taking advantage of that.

Seth Shapiro – Many concerns from PSA 108 was about 011 calls and Director Geldart will be there at PSA 108

meeting. If people have concerns please attend next PSA 108 meeting.

Oldenburg – thanks Commander Brown for presentation.

6. Alcohol Beverage Control Committee

ABRA-100872, Trader Joe’s, 750 Pennsylvania Avenue SE, new Retailer’s Class B license,

Petition date: December 21, 2015

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Jayaraman – Trader Joe’s is responsible for taking trash and recyclables to dumpster. Question on large trucks to

deliver grocery, we included when possible, stagger deliveries. Main concern also to prevent blockage of portion of

Penn Ave where the corner of entrance of loading dock to be located. So we included language in SA and was

accepted. We have a signed SA. The motion from Committee was 5-0 to support the application pending

availability of signed SA tonight.

Oldenburg – We do have signed SA tonight. Any discussions?

Hoskins – I hope the building gets put up and we go shopping soon.

Oldenburg – We have a motion that doesn’t need a second. Is there anyone in audience that wish to speak? No.

We have a motion to support the application. All those in favor raise your hand. 10-0 approved.

ABRA-100249, Bullfrog Bagels, 317 7th

Street SE, new Retailer’s Class “C” Restaurant license:

Jeremiah Cohen. Petition date—December 14, 2015

Jayaraman – I’d like to turn this over to Commissioner Hoskins who has worked on this extensively, has facilitated

meetings between applicant and community many times. Recognize how much work she’s put in.

Hoskins – Thanks I will try to keep things brief. For context Bullfrog Bagels is applying for class CR license to

operate, at the old frame shop next to Montmartre. Hopes to open this Spring or sooner. I’m going to highlight

sections of agreement then key areas for discussion. There are two documents, two versions of draft SA currently

being circulated.

Sections 1 and 2 are cursory and related to occupancy. Section 3 hours of operation in this version, proposed by the

applicant, has raised concerns. Reads Hours Proposed by Applicant. I believe there’s agreement on this section. In

addition the “2p” version, the applicant changed standard language to allow applicant to give themselves special

hours a couple of times a year. I believe on hours there isn’t concern.

Opper Weiner – This is not consistent with what neighbors want.

Hoskins – Section 4 no changes. Section 5, divergence on two SA. Particular issue is whether or not there will be

indoor trash storage unit and how it functions. There are number of positive statements in agreement related to

number of days for pick up. Power washing, and enclosure of the trash area, the door, etc., I’m pleased with it. The

key issue here is whether or not applicant will agree to not use any exterior rear space to deposit trash. Moving to

section 6. Noise mitigation. Applicant believes new mechanicals won’t cause problems and screen mechanicals on

roof by DC law and has agreed to incorporate. Number 7 is Odor. Applicant agreed to no deep frying on menu and

don’t believe there would be significant odor. In event deep fryer and grilled meat, applicant agreed to implement

new abatement to address. 8 is pest control. 9 is another area of concern and it involves rear deliveries. Keeping the

doors closed, the timing of deliveries before 7a. The business is adjacent to residential property on the both sides.

The issue is related to deliveries before 7am. There is a commercial loading on 7th in front of property intended to

accommodate commercial delivery. There are legal questions as to what is committed and what is required under

DC law. Given the applicant can do deliveries the day before I’m hopeful we can arrive at agreement. The request

is that we vote on two areas of concern prior to voting on full agreement.

Oldenburg – I just want to make clear what we are working off of, the right document, so we don’t have any

confusion. Tonight we have to come up with a document or at least that is my intent. So we have this document at

this point.

Jayaraman – I have developed some substitute language changes that takes the applicant’s language and modified.

The applicant has received them this afternoon at 3:53p.

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Frumin – What wasn’t clear to me, I thought those were off of the documents I circulated at 2pm or is that worked

off of the document Diane Hoskins is presenting? Your changes proposed is based off of…

Flahaven – I think we should start with the 2:11 document. I move we support license pending signed SA on 2:11,

so just to get on floor. This is the document that says 6B. My suggestion is then we offer amendments based on this

document. 2nd Hoskins.

Oldenburg – We have motion on table to consider this SA “clean” version. Moved and 2nded.

Hoskins – To be clear. My changes are working off the 211 version, so it is easy to see where my changes are.

Under section 5 I made two changes. One is addition to clarify rear access interior trash room. (Jayaraman reads

passage). Then the only other change is to delete language.

Jayarmana – move bullet “m” as friendly.

Hoskins – I appreciated the spirit of it, but …

Jayaraman – I will withdraw

Krepp – Madam Chair don’t we have residents be a part of conversation?

Oldenburg - We are not voting we are only discussing at this time. The 211 document has been moved and 2nded.

We are not clear on the changes and have to be moved as amendments.

Hoskins – I would move them separately at appropriate time.

Oldenburg – we should hear from applicant at this time.

Frumin – I think Hoskins explained quite well the two outstanding issues. We’ve worked pretty hard to narrow

issues. There are other things that have cropped up. One is can we bring any trash from 2nd floor down steps and

back to trash room. The reason why is the kitchen is in the back of restaurant by where stairs are. The choice is to

take some trash generated down steps and in or take it through restaurant through 2nd floor, down step interior

through restaurant to come back in. There is an intense concern of rodents. No one is more concerned than

Jeremiah. If we are bringing trash down in closed bags, and if we have an iron clad pledge to clean up immediately

anything spilled, I don’t see why we can’t use that space. I thought you had accepted it because we can do clean up

after stairs are used or after trash is hauled away. We do not want anything back there to attract a rat.

The other is can we do deliveries in back off of a service alley. The way building is set up is that steps are in front,

with rail on both sides for easy to come in. In back there is a slight ramp that goes to back door. One of the things

Jeremiah has to carry is racks of bagels. They are tall and have number of slots of bagels that are rolled and boiled

before being baked. Vast majority of time we want to be stocked with bagels before open at 7a. Sometimes it won’t

be able to happen. Can Jeremiah use his very quiet vehicle to pull into the back and roll the racks out to back of

restaurant or would he have to manually carry it in from the front. He wants the option to do that and don’t want to

kid you that it won’t happen. We are saying this is the exception not the rule, we want to reserve that right. Idea has

been raised that we can’t do deliveries in rear at all. I have spoken with DDoT. I do not think that is true. The key

issue of stopping for loading is whether or not one is blocking. If DDoT tells us we cannot do it, we won’t. One of

the challenges we face is lack of room in rear so we are edged in alley a little. We have an interior trash room you

justifiably insisted we have. We by complying with what you wanted, in that alley we don’t have as much space as

we want. There is an opening to garage there in the alley that has 200 cars in it that come and go as you choose.

There are a lot of other traffic there and we don’t think we should have to cede that option.

Oldenburg – you are arguing in favor of your paragraph 9.

Frumin – I was reviewing what Chander sent before and we are fine about minimizing noise for all neighbors and

fine with changing wording, but not fine with losing ability to on occasion to bring trash down and delivery before

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7a. I think using the 211 document with Chander’s modifications, we are fine with that. Diane is fully entitled to

advocate on behalf of her constituents. Where we lose our 7a delivery and trash haul in rear we aren’t fine.

Jayaraman – So you are talking about trash from upstairs to below. My understanding is that amount is very little for

trash. You aren’t really going through the restaurant because your seating is in the front.

Frumin – If you are standing, in kitchen, and there’s a door that takes you down and go by bar seating by customers.

Our building is 12 feet wide. You are going through people to get there. If what we are doing creates problems.

Fear is bag is going to break and we won’t clean it up. I promise you if it breaks we clean it up immediately.

Flahaven – At this point what I would do is open it up and let community open comments and see if additional

commissioners wish to insert other amendments.

Samolyk – It sounds like abutting neighbors will protest right? And you aren’t completely happy with SA being

offered to you.

Frumin – We made concessions in 211 documents. We can live with concessions. One thing is that for

amendments, we have to countersign. It may well mean we face protest and go in front of ABRA. WE feel we are

being very responsible.

Samolyk – You don’t have to be strong armed to sign and I don’t like to see that. When you say something as

ridiculous as “he should turn the corner…”

Frumin - Don’t worry about us.

Oldenburg – The commission is going to take it up and that’s the kind of vote we have to take here.

Ellen Opper-Weiner – All the arguments aren’t on the table until we have the chance. I feel that we have been

pushed aside a little and don’t want to get into that mode. There are more than two issues. One of them is the odor

issue number 7. I had understanding of no fried food at all. I did speak with the applicant and he said I did not hear

that there was no frying but no deep frying. Also it is not grilled meat but grilled food. Worry from abutting

neighbor is frying food generates odor. We are concerned about that and wish to change. I never saw this draft by

the way, then number 7, question I have is what is significant odor. How do we define significant. Permeates

throughout the building? The word is meaningless unless it is defined. Further down, items require deep fryer, I still

feel, grilled dishes, not just grilled meats. There was a miscommunication here. The issue of deliveries in rear.

There are a couple of things I’d like to show you all. Photographs of sign that says no parking no standing anytime.

(hands commission photos). This is not a service alley at all. Deliveries have loading zones. None of the businesses

to our knowledge deliver in the back. I also took the time to make a list of various statutes and regulations relating

to the alley and loading. It was referred to and is important part of conversation. Surely ANC doesn’t want to

approve something that is not legal. My conversation with DDoT and reality is confusing. We also took to FOIA

with DDoT as to why those signs, that weren’t posted a while ago, posted to the alley. It is a very narrow alley and

in fact the vehicle parking in our opinion is parked illegally. There has been no conversation about loading in front.

The reasons I put the moving infraction is that it is illegal to park in the alley. Its that simple.

Oldenburg- both paragraphs 9 refers to prohibiting that activity. I want to point out that both paragraphs refer to

that.

Opper Weiner – We need to add the term regulations. I had proposed in my email to put in “DC statutes and

regulations”.

Hoskins – The language using requirements versus DC laws. My preference is for DC Laws and Regulations.

Opper Weiner – Another problem solving suggestion that we came up with was to have the racks inside in the front

where the trays in which he has bagels slip into that and can be walked up stairs. And have the cart he needs to

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move them at the front door. We really feel that there will be a lot of disturbance. The sound proofing I think is

clear though we suggested to sound proof interior walls and that seems to be lost in the shuffle. We’d like that to be

addressed.

Oldenburg – The applicant has said that interior has been repointed.

Audience - Repointing does not cut it.

Opper – Weiner – Absolutely adamant about refuse not coming outside. If they are concerned they can walk trash

through during closing. Especially when they stated that there wouldn’t be much trash. About the FOIA I think I

made points we want to. We would prefer not to protest such an establishment that should be a benefit to the

neighborhood, but we have to consider the needs of the residents and others in a mixed used alley.

Oldenburg – I want to ask if there are anyone else who have questions.

Todd Ragimov – I’m also resident of capitol hill and typically what I see that people come to the meeting oppose

and I always welcome businesses come to capitol hill. We feel like big guys like Trader Joe’s come here and get

approved quickly. That’s my point of view. I can relate to business owner’s situation.

Frumin – What I would hope to do is very briefly respond to what has been said. Two quick things. On the odor

and word significant. We use that, we talk about no deep frying to cause significant odor. If we do deep frying, we

look at new things. Latkes are on the menu predicated on agreement. It may seem odd but I want to say

requirements. I too have spent a lot of time on phone with DDoT. I talked to general counsel too, and you can pull

out a regulation here or there and can argue either way.

Oldenburg – Possible amendments?

Jayaraman – You said something about fully enclosed trash containers. How is trash going to work exactly?

Frumin – I don’t think you want to have something too clunky, if you want us to double bag. We’ll have a box of

those there and will bring things down in those durable bags if something spills we’re going to clean it up.

Hoskins – I want to know how you are actually going to clean up. I know we don’t have photo. It is very difficult to

access underneath the stairs. It is very narrow. How do you clean?

Frumin – There’s a fence there, a broken down old fence, that is going to be replaced and we can get behind it.

Jeremiah – There are several stairs that can be removed with screwdriver and pulled out to access underneath.

Oldenburg- We need to pull it back to commission and start voting on 211 documents. Let’s try one of the tough

ones first paragraph 9. They have to be moved.

Hoskins – I’ll move the 2nd on page 4 of 6, the underlying section replace section 9. 2nd Krepp.

Oldenburg – Amendment to motion, 2nded to replace paragraph 9 that exist in 211 document with the text

commissioner Hoskins has supplied. All those in favor of replacing existing 9 with Hoskins amendment text in

favor?

Favor: Krepp, Hoskins Hagedorn, Chao, Jayaraman.

Oppose Loots, Burger, Samolyk, Flahaven, Oldenburg. Amendment Fails

Loots – It strikes me while we are on paragraph 9 I’d like to offer motion to amend replace the word “requirements

with “laws and regulations”. I recognize and appreciate fact that laws and regulations may not be consistently

interpreted but there is a mechanism to address that. If it is in violation of the law anything we do or say would

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Burger 2nd

Oldenburg – all in favor of changing the word requirements …

Favor: Oldenburg, Chao, Hoskins, Krepp, Samolyk, Burger, Hagedorn, Loots, Jayaraman

Oppose: Flahaven 9-1 approved.

Hoskins – Reads passage regarding trash removal. Section I Striking or trash brought to trash room downstairs.

Oldenburg – So if we vote in favor of your change on 5 we are also voting to strike 5i.

Hoskins – They are consistent and confirming.

2nd Krepp.

Jayaraman – Make motion in form of substitute. I passed it around and it is 5i. It keeps roughly similar but does

allow for trash to come down for trash area. It does require they hose down debris or liquid waste after trash hauled

away and after they transport down trash. So it is an immediate clean up. Jayaraman reads from text

Flahaven – Hoskins’ amendment would prohibit it. Jayaraman says substitute to allow but make the regulations

stronger than 211 agreement. We have to first see if Jayaraman has a 2nd to amendment.

No second. Motion fails.

Hoskins amendment now considered.

Favor of Hoskins: Krepp, Jayaraman, Chao, Hoskins

Oppose: Oldenburg, Loots, Hagedorn, Flahaven, Samolyk, Burger. Motion fails, 4-6

Frumin – We would accept Jayaraman amendment. Also back in paragraph 9 we propose to just make that

“neighbors”. Instead of “to the west”. We are happy to incorporate Jayaraman amendment.

Loots – how about reinformed bags?

Jayaraman – Yes I can accept it. Make a friendly amendment to include my substitute language but changing “trash

containers” to be substituted with “reinforced bags”.

Loots – I think we should also make a friendly to delete “to the west” in paragraph 9. Flahaven 2nd.

Opper Weiner – definition of significant

Frumin – Significant is in there re: significant odors. You can use a different word then we would have a provision

that says we are good but if we change menu then we can do other things.

Oldenburg – is there a commissioner that wishes to change the amendment to define significant odor?

No response

Jayaraman – Section 6, bottom of page 3, remove “applicant was” typo. On top of page 4 I’d like to substitute

sentence that begins with “in addition however” ….. DC noise at rear property line.

Loots – I respectfully suggest that is unnecessary.

Frumin – which is why we’re fine with it.

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Friendly amendment accepted by all.

Oldenburg – We now have something we can vote on. We have come to the main motion.

Frumin – on record it is my understanding that it is an authorized person to determine what is allowed.

Affirmed by Oldenburg and Jayaraman

Oldenburg – We have a motion and I’d like to see the votes to accept 211 document as amended. Support license

based on SA amended.

Favor- Loots, Samolyk, Burger, Flahaven, Oldenburg, Hagedorn

Oppose – Chao, Krepp, Hoskins

Abstain - Jayaraman

6-3-1 approved

7. Planning & Zoning Committee

HPA #13-566, 1220 Potomac Avenue SE, new construction/revised plans: Todd Ragimov (owner)

Oldenburg – what we need tonight is new information. What the committee was most concerned was viewfrom rear.

Ragimov – Today I am going to have Ram from Ram Design and Utku w/ Dila Construction. Unfortunately the

projection cables does not work with RAM’s computer. But we can show it to you on his laptop. Utku also helped

to set up a mock up. It has been done on site. Also we can talk about our discussion with CHRS and HP.

Ram- distributes document and claims on page 6A one cannot see anything from I Street. What I brought today.

What I am going to show you now is a 12 ft tall person who would be able to see it.

Linda Green, 1219 I Street SE – You can see 1220 because of the gap between 1217 and 1219. I sent an email to ask

for the mock up behind the fence.

Oldenburg – what we are concerned here is HP and what can we see, is it compatible with historic district. It is

whether you can see the condensers on the roof.

Ram – One of the revisions is going back to the board. We have always have proposed AC units on the roof.

Whenever we are working with HP, rooftop structure, we always have been directed to put it on grade. That’s why

we moved forward with last HPRB on grade. Now that neighbors want it back on roof. That’s why option B in

packet would add on roof, and increase building height by 43 inches.

Chao - Move to support the project and urge HPRB give attention to sightline of the project from both I Street SE

and Potomac Ave SE due to the building’s placement on this atypically shaped lot. We also urge HPRB to work

with the applicant to fine tune installing condensers on the roof and voice ANC’s support of installing condensers on

the roof. , 2nd Hoskins

9-0-1 approved. Loots abstain.

BZA #19153, Rear 1524 Independence Avenue SE: David Crowley, President, Capital Properties

Group. BZA Hearing: January 12, 2106

8. Outreach & Constituent Services Task Force Report (November 12, 2015)

Motion from the task force to support creation of special subcommittee 9th and Penn Ave Park Subcommittee

(OCTF report)…9-0 approved. Jayaraman absent

9. Financial—Treasurer’s Report

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Balance is over 15K, just circulated this evening.

10. Zoning Office Notification

Vote on DC Office of Zoning form to send us electronic format instead of paper.

Hoskins – Would prefer to continue to receive paper

Oldenburg – Move we accept offer from DC OZ to be notified electronically. 2nd Flahaven

Hoskins – Comment- basically we as individuals can waive this. Now they are asking commissions to do it. This is

a service that I find of value.

Burger – As we are moving more toward electronic management, having electronic copy would be helpful thus I

would support it.

Loots – Email is more reliable than postal service.

All in favor: Loots Flahaven Oldenburg Chao, Burger

Oppose – Hoskins Samolyk, Krepp

Flahaven – in spirit that everyone has a voice, with Jayaraman joining now. I will move we reconsider. 2nd

Jayaraman.10-0 approved.

Favor – Loots, Flahaven, Burger, Oldenburg, Jayaraman, Chao

Oppose – Hoskins Samolyk, Krepp, Hagedorn

6-4 approved.

11. ANC 6B Contract for Hiring of Administrative Assistance

Moved to January – no objection

12. Consideration of Amendments to Commission Standing Rules

Moved to January – no objection

13. ANC 6B 2016 Meeting Calendar revisions

Oldenburg – 3 changes, one to split Jan. ABC, PZ meetings and my proposal to put the December EC meeting a

week earlier to adjust for holidays.

Hoskins – I would ask as part of motion can we commit to do additional public notification so that public is aware of

the change.

Oldenburg – I will be revising and reposting calendar and will repost on website.

Burger – We can add on top of the calendar to highlight and note change.

Oldenburg – Move commission support the amended calendar 2nd Flahaven.

10-0 approved.

9:26p closed meeting

14. Adjournment

At 10:26p Meeting re opens.

Flahaven move that ANC adjourn until next monthly meeting on Jan 12 2016. Agreed unanimous consent.

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KELLY WAUD

Nominated by Commissioner Chao as 6B07 Resident Member

to the ANC 6B Transportation Committee

Kelly Waud (together with her husband Brian) is a 10+ year homeowner on the 1300 Block of L

St SE. Kelly studied International Economics, French and Russian in undergrad, and has her MA

in Security Policy Studies from GWU. Kelly works in Ballston as a defense contractor with Booz

Allen, and finds her commute is sadly faster and cheaper by car than metro. Kelly started biking

to work 1x a week last summer and hopes to resume commuter biking when the weather

improves. Kelly and Brian both newly active in DC Tri Club and frequently train on the

Anacostia river walk trail. As a result of her activity level and daily life Kelly is keenly interested

in transportation issues associated with Capitol Hill.

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ADVISORY NEIGHBORHOOD COMMISSION 6B

PLANNING AND ZONING COMMITTEE MEETING

Committee Report

January, 7 2016

Commissioners present: Burger (chairing), Chao, Hagedorn, Hoskins, Loots, Oldenburg, Samolyk

Resident members (RM) present: Barnett, Danks, Jarboe, Jefford

1. HPA #15-098, 655 C Street SE, concept/infill, dogleg, addition to garage: Ramoune & Co,

LLC/Darien Darayand (owner) & Todd Douglas (agent)

Todd Douglas, designer, presented the case, which is a proposed rear addition, replacing an existing non-

historic garage. Neighbors expressed concerns about the project, including the height roof deck. The

committee noted that the presentation lacked some standard materials, including sight lines.

Commissioner Burger moved (seconded by Commissioner Loots) that the committee take no position on the

case pending additional information. The motion passed 9 to 0 (1 abstaining).

2. HPA #16-145, 240 Kentucky Avenue SE, concept/rear addition: Nantucket Holdings/John

Formant (owner) & Gayll Worsley (architect).

Gayll Worsley, architect, presented the case, which is 20 foot rear addition. Adjacent neighbors have had

concerns, which the applicant says they will address (e.g., privacy, tree care). One neighbor expressed design

for brick siding on the addition.

Commissioner Oldenburg moved (seconded by RM Danks) that the committee recommend the ANC support

the application and place the item on the consent agenda. The motion passed 10 to 0.

3. HLA #15-18, The Furies Collective Building (219 11th Street SE), historic designation: Robert Pohl

(owner) & Tisha Allen (DC Preservation League).

Ms. Allen (DC Preservation League), Mr. Pohl, homeowner, and Mr. Mark Meinke presented the case,

which requests support for adding the listing the building on the DC inventory of historic places and the

National Register.

Commissioner Oldenburg moved (seconded by Commissioner Hoskins) that the committee recommend the

ANC support the application and place the item on the consent agenda. The motion passed 10 to 0.

4. BZA #18938, 325 5th Street SE. Motion for Reconsideration by Parties in Opposition Robert A.

Shelton and Mark Flynn. BZA hearing: January 19, 2016

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Bob Shelton, neighbor of the property in question, presented the case, stating that incorrect or incomplete

information was presented at various stages during the BZA review process. Major points included lot

occupancy, the length of the addition, and the way sun studies were conducted. The representative of the 325

5th Street owner argued that lot occupancy was calculated correctly and other incorrect information was

corrected during the case review.

Commissioner Hoskins moved (seconded by Commissioner Chao) that the committee support the motion for

reconsideration. The motion failed 2 to 7 (2 abstaining).

Commissioner Loots moved (seconded by Commissioner Samolyk) that the ANC oppose the motion for

reconsideration.

RM Danks moved (seconded by RM Jarboe) to amend the motion, replacing it with a motion that the

committee recommend the ANC take no position on the reconsideration. The amendment passed 9 to 2.

The amended motion passed 11 to 0.

5. BZA #18915, 1330-1336 Pennsylvania Avenue SE. Request to Reopen the Record. William Wooten,

(abutting neighbor). BZA hearing: not yet scheduled

Mr. Wooten, neighbor of the property in question, presented the case, stating that elevation renderings and

other documents do not accurately reflect building and location relative to the applicant’s home and other

details. The representatives for 1330-1336 Pennsylvania Ave stated that the plans clearly stated the address

of the project and reflected the project scope accurately.

Commissioner Oldenburg moved (seconded by Commissioner Burger) that the committee recommend the

ANC take no position on the case.

Commissioner Hoskins moved to amend the motion (seconded by Commissioner Samolyk) to recommend

the ANC write a letter to the BZA supporting the request to reopen the case. The amendment passed 6 to 4 (1

abstaining).

The amended motion passed 6 to 3 (2 abstaining).

6. DDOT Tracking Number 119296, 801 Virginia Avenue SE, driveways (close existing; open new),

landscaping, utilities excavation, building projections, paving new driveway, etc. Nathan

Hamman, Northfield Development. PSC Hearing: January 28, 2016

Alon Street, developer and Ryan Moody, architect, presented the case, which included closing two existing

curb cuts and creating a new curb cut, along with additional landscaping in public space.

Commissioner Oldenburg moved (seconded by Commissioner Samolyk) that the committee recommend the

ANC support the application and place the item on the consent agenda. The motion passed 11 to 0.

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7. DDOT Tracking Number 118910, 516 Archibald Walk, construction of tree house: Ellen Psychas

& Bing Yee (owners). PSC Hearing: January 28, 2016

Bing Yee, homeowner, presented the case, which involved a treehouse on private property that extends into

public space. The applicant stated that he initially tried to determine if he needed a permit and determined he

did not. He summarized the process of arriving at the current public space permit application. Adjacent and

nearby neighbors expressed concerns about the permitting process and that the project projects into public

space.

Commissioner Loots moved (seconded by Commissioner Hoskins) that the committee recommend that the

ANC write a letter to DDOT asking it to deny the public space application. The motion passed 7 to 2 (2

abstaining).

8. Raze Permits for 1341, 1345, 1347, and 1349 K Street SE: Gene Pikar (owner).

Gene Picar, owner, presented the plan to demolish four structures and replace them with a multi-unit

residential building.

Commissioner Chao moved (seconded by Commissioner Hoskins) that the committee take no position on the

application. The motion passed 8 to 3.

9. ZC #15-12, 1401 Pennsylvania Avenue SE PUD, Memorandum of Understanding and ANC 6B

Testimony. ZC Hearing: February 4, 2016

Robin Bettarel, developer representative, and Kevin Spery, architect presented the PUD application. Ms.

Bettarel and Mr. Spery summarized the changes to the project since the initial proposal. Given time

limitations, the Chair asked for questions from the community. Community members asked about the

potential project impacts, including noise, and about proposed community benefits. The Chair indicated that

due to time limitations, the ANC will hold a special call meeting on the project to allow further discussion

and a vote by the ANC.

By unanimous consent, the committee took no action and deferred the item until the planned special call

meeting, on a date to-be-determined in January.

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Report of the ANC6B Transportation Committee Meeting

January 6, 2016

Commissioners present: Nick Burger, Daniel Chao, Brian Flahaven, and Kirsten Oldenburg (chairing)

Resident Members present: Jerry Sroufe (6B02), Laura Jeffords (6B03), John Manley (6B04), Neil

King (6B05), Michael Berger (6B06), Carol Grissom (6B08), and Keith Smith (6B09)

Others present: Melissa Bird (Office of Planning); Commissioner Justin A. Lini (7D07) and

Commissioner Gary Butler (7B03); residents of 6B

DDOT Southeast Boulevard Feasibility Study Draft Report1

Jonathan Rogers, Transportation Planner, DDOT presented the draft results of the above study, which

began in July 2015 as a follow on to the Office of Planning’s Southeast Boulevard Planning Study. [Full

details of the background for both studies are at http://www.anc6b.org/?page_id=235. ]

The DDOT study has four components: land use, traffic analysis, bus terminal, and estimated costs.

While there are a few National Park Service parcels of land within the land area of the planned boulevard,

any issues they create could be fairly easily overcome, according to the report. A key finding of the (very

high level) traffic analysis is that neighborhood cut through vehicle traffic would be less if the boulevard

is a 4-lane rather than 2-lane road.

Throughout the study process for the boulevard, the idea of creating an underground bus garage for tour,

WMATA, and other buses has been very controversial. This study shows that it is feasible to construct

such a facility within the context of the 3 OP study concepts with entrances and exits directly off both 11th

Street and Barney Circle, but the terminal would add an estimated $79 million in construction costs.

The total estimated costs for construction of the boulevard for each OP option range from $121 million to

$123 million without the bus garage and $186 million to $188 million including the garage, in 2015

dollars. DDOT included a time frame in its study showing that it would take another 10 years and

numerous steps to get to a final design and construction of the boulevard and Barney Circle.

The Committee decided to revisit this study at its February 2016 meeting with the objective of making

recommendations for the Commission to send to DDOT on the study and projected next phase: a resumed

NEPA study.

DDOT Notice of Proposed Rulemaking – Vision Zero

The proposed rulemaking raises various fines for speeding vehicles, in some cases by adding protections

for pedestrians and bicyclists, and lowers maximum speed limits on streets adjacent to in specific

facilities, such as schools, playgrounds, and senior centers.

1 The full draft report including the overview portions presented is at https://www.anacostiawaterfront.org/awi-

documents/barney-circle-southeast-boulevard-documents/southeast-boulevard-feasibility-study-final-draft/

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The discussions at the meeting focused less on the specifics of the rulemaking but more on the rationale

for the proposed changes and how effective they would be. As a result the Committee decided by

unanimous consent to recommend that the Commission submit comments on the rulemaking that

questions whether (1) the proposals are evidence-based, (2) the technology exists to enforce these new

rules (3) the frequency of the enforcement and feedback to transgressors quick enough to actually

promote changed behavior. This and other such information would help to show that the proposed rules

emphasize safety not revenue generation. In addition, the Committee expressed concern over the

differential impact of excessive fines on low income residents.

DRAFT OF LETTER:

January 12, 2016

Sam D. Zimbabwe, Associate Director

District Department of Transportation

55 M Street SE, 5th

Floor

Washington DC 20024

VIA EMAIL: [email protected]

RE: Notice of Proposed Rulemaking – Vision Zero

Dear Mr. Zimbabwe;

At a properly noticed public meeting of Advisory Neighborhood Commission 6B with a quorum present on January

12, 2016, the Commission voted x-x-x to send the following comments on DDOT’s Proposed Rulemaking on Vision

Zero, published on December 11, 2015.

First, the Commission expresses a concern over the differential impact of the excessive ones on low income

residents.

Second, the Commission is concerned about the rationale for the proposed changes and how effective they will be.

Specifically, ANC 6B questions whether (1) the proposals are evidence-based, (2) the technology exists to enforce

these new rules (3) the frequency of the enforcement and feedback to transgressors will be quick enough to actually

promote changed behavior. If DDOT provided the factual basis for the proposals, the Commission feels it would

help to show that their intent is to promote safety rather than revenue generation.

Thank you for the opportunity to comment and do so a few days late.

Sincerely,

Kirsten Oldenburg

Chair

cc: The Honorable Charles Allen, DC Councilmember for Ward 6

The Honorable Mary Cheh, Chair, DC Council Committee on Transportation & the Environment

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Treasurers Report 1/11/16

*National Capital Bank Balance (1/11/16) $ 21,164.77

*Total Expenditures FY16 to date $ 61.84

FY 2016 Transactions

Date

Check # Description Debit Credit Balance

12/31/2015 INTEREST PAID

$0.72 $21,164.77

12/21/2015 DC-D.C. GOVERNME

SOARACH

$5,692.01 $21,164.05

12/03/2015 4768 CHECK #

4768

-$54.73 $15,472.04

12/01/2015 INTEREST PAID

$0.66 $15,526.77

11/19/2015 4767 CHECK #

4767

-$7.11 $15,526.11

11/13/2015 4766 CHECK #

4766

-$180.00 $15,533.22

10/31/2015 INTEREST PAID

$0.64 $15,713.22

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Revised December 8, 2015 Page 1

Advisory Neighborhood Commission 6B 2016 Meetings Schedule

All meetings begin at 7:00 pm. The Planning and Zoning Committee meetings are held in the cafeteria at St. Coletta of Greater Washington, 1901 Independence Avenue SE. Alcohol Beverage Control Committee, Transportation Committee, Outreach & Constituent Services Task Force, and Executive Committee meetings are held in the Frager’s Conference Room on the 3

rd Floor of the Hill Center at the Old Naval Hospital (Hill Center), 921

Pennsylvania Avenue SE. Full Advisory Neighborhood Commission (ANC) 6B meetings are held at the Hill Center, usually on the 1

st Floor. The dates of task force meetings and locations are posted at least 7 days prior to the

meetings on the ANC website. NOTE: If the DC government is closed on the day of an ANC meeting, the meeting will be rescheduled. KEY: ABC = Alcohol Beverage Control Committee EC = Executive Committee Full = Full Advisory Neighborhood Commission 6B P&Z = Planning & Zoning Committee TC = Transportation Committee O&CS = Outreach & Constituent Services Task Force HETF = Hill East Task Force

January ABC: Tuesday, January 5 TC: Wednesday, January 6 P&Z: Thursday, January 7 Full: Tuesday, January 12 EC: Tuesday, January 26

February P&Z: Tuesday, February 2 TC: Wednesday, February 3 ABC: Thursday, February 4 Full: Tuesday, February 9 EC: Tuesday, February 23

March P&Z: Tuesday, March 1 TC: Wednesday, March 2 ABC: Thursday, March 3 Full: Tuesday, March 8 EC: Tuesday, March 29

April P&Z: Tuesday, April 5 TC: Wednesday, April 6 ABC: Thursday, April 7 Full: Tuesday, April 12 EC: Tuesday, April 26

May P&Z: Tuesday, May 3 TC: Wednesday, May 4 ABC: Thursday, May 5 Full: Tuesday, May 10 EC: Tuesday, May 31

June P&Z: Tuesday, June 7 TC: Wednesday, June 8 ABC: Thursday, June 9 Full: Tuesday, June 14 EC: Tuesday, June 28

July P&Z: Tuesday, July 5 TC: Wednesday, July 6 ABC: Thursday, July 7 Full: Tuesday, July 12 EC: Tuesday, July 26

August P&Z: No Meeting TC: No Meeting ABC: No Meeting Full: No Meeting EC: Tuesday, August 30

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Revised December 8, 2015 Page 2

September P&Z: Tuesday, September 6 TC: Wednesday, September 7 ABC: Thursday, September 8 Full: Tuesday, September 13 EC: Tuesday, September 27

October P&Z: Tuesday, October 4 TC: Wednesday, October 5 ABC: Thursday, October 6 Full: Tuesday, October 11 EC: Tuesday, October 25

November P&Z: Tuesday, November 1 TC: Wednesday, November 2 ABC: Thursday, November 3 Full: Wednesday, November 9 EC: Tuesday, November 29

December P&Z: Tuesday, December 6 TC: Wednesday, December 7 ABC: Thursday, December 8 Full: Tuesday, December 13 EC: Tuesday, December 20

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Hine Community Advisory Committee Meeting #26 Friday, January 8, 2016

The projected milestones for the project are as follows:

*Excavation complete – January 2016 with the removal of the D Street ramp

*Building structure to grade – March 2016

*Structure above grade complete – June 2016

*Façade Installation – May to December 2016

*Unit Deliveries and Retail/Office Openings – Q2 2017

Work will continue the week of January 11th

with remaining concrete footings poured and water

and sewer lines connected. Pouring of platforms commences the following week. The concrete

batch plant on the 7th

Street side of the project will cut down on the concrete truck traffic. The

North building will top out on concrete the week of January 11th

followed by block installation

for stairs and wood framing for the next two floors. The North building is slated for completion

in October, 2016.

Signs have been posted along 8th

Street notifying contractors not to park there. Clark

Construction issued citations will be placed on offenders windshield however ticketing and

towing remain the responsibility of DPW. Clark is hiring additional employees to enforce

parking and is seeking a bilingual person (Spanish/English) to assist. Eastbanc now has a trailer

on site and will monitor parking. Clark is in discussions with Events DC to secure parking at

RFK with shuttle service to and from the site provided by Miller & Long.

PEPCO is scheduled to install temporary power on the 7th

Street side this week and on the 8th

street side by January 15th

which will remove the need for generators. Note that the generators

were turned off by persons unknown on January 5th

and January 7th

resulting in flooding of the

site and freezing pipes. Resident members of the CAC and the ANC Commissioner members

have asked for increased security at the site.

No Crane Swing agreements have been returned to Eastbanc as of this date. Eastbanc is urging

neighbors to sign and return the agreements but there has been push back from residents as to the

necessity of such agreements.

Vibration monitoring reports from Schnabel & ECS will continue to be posted on the project

website.

There is no anticipated disruption of utilities in the near future.

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CAC Meeting #26 pg 2

Rodent “Vector Control” measures are ongoing and the Dust Control Plan is posted on the

website.

Site cleanliness continues to be monitored and Eastbanc will address any cleanliness issues

raised by residents.

Decisions were discussed regarding the construction fence along 7th

Street. The fence south of

the Power Shed to Pennsylvania Avenue will be a covered walk way similar to that on the 8th

Street side. From the Power Shed north to C Street will be scaffolding to allow for the weekend

flea market space.

The Work Days Lost Schedule is attached.

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JML Draft 12/08/2015

page 1 of 4

Advisory Neighborhood Commission 6B

Contract for Administrative Services

Agreement

This Agreement (“Agreement”) is made between the individual independent contractor identified below

(“Contractor”) and Advisory Neighborhood Commissioner 6B (“the Commission”). The Commission and

Contractor are referred to collectively as “Parties”.

Services to be Performed

Contractor shall perform administrative duties to assist the Commission in managing its workload for

ministerial tasks and in setting up and following up from monthly meetings, under the direction of the ANC 6B

Chair or Vice Chair. See Exhibit A, Position Description below

Schedule

Contractor will work off site and be available by telephone and/or email during normal weekday office hours

and may be asked to attend Commission meetings. Other than Commission meetings (which may include

special meetings and committee meetings as well as regularly-scheduled meetings), Contractor shall be

responsible for performing work under this Agreement on a time and schedule of Contractor’s discretion that

adequately meets the deadlines and timeframes of assigned tasks from the Commission.

Compensation

Contractor shall be paid at an hourly rate of $20.00 per hour for a total not to exceed 40 hours per calendar

month ($800). ANC 6B shall pay the Contractor for the total number of hours worked at the end of each month

upon receipt of an invoice that includes a time sheet.

Expenses

Contractor shall be reimbursed by the Commission for costs of out of pocket expenses necessarily incurred in

the performance of this Agreement, limited to costs of postage, copying, and incidental office supplies. Such

expenses shall not be incurred without prior authorization from the Chair or Vice Chair of ANC 6B.

Term of Agreement

This Agreement shall be effective for a period of six (6) months from the last day of the calendar month

following the date of execution, and unless earlier terminated by either party, shall automatically renew on a

month-to-month basis subject to the same terms and conditions. Provided, however, that this agreement may be

terminated during the initial term without penalty by either party upon not less than thirty (30) days’ written

notice.

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JML Draft 12/08/2015

page 2 of 4

Nature of Relationship

In no event shall this Agreement constitute an employment agreement, and Contractor shall be considered only

as an independent contractor and not as an employee, agent, partner, or joint venture of the Commission.

Contractor shall provide its own workspace, equipment, computer(s), telephone, and any other equipment or

tools reasonably necessary to perform its duties under this Agreement. When necessary in the best interests of

the Commission, the Contractor shall be provided with access to and use of the Commission’s electronic mail,

laptop computer, and any database access necessary to perform Contractor’s duties. Contractor shall be solely

responsible for any and all taxes (state, federal and/or local); worker's compensation insurance; disability

payments; social security payments; unemployment insurance payments; liability insurance; or any similar type

of payment related to Contractor or its performance under this Agreement; including any business registrations,

taxes, or fees which have been or may be assessed by any governmental unit, and shall indemnify and hold the

Commission harmless from any and all such payments or claims.

Confidential Information

In the course of performing its obligations under this Agreement, Contractor may have access to confidential

information of the Commission, including potentially confidential deliberative materials or other matters not

properly part of the public record. Contractor agrees as a material condition and essential element of its

performance under this Agreement to at all times during and following termination of this Agreement keep all

such confidential information private, and not to divulge such information to any third parties under any

circumstances whatsoever, except as may be required by law. Contractor shall maintain any and all data, work

product, communications, or other written or electronic materials utilized in association with performance under

this Agreement in an identifiable and organized format and location, and shall upon request of the Commission

and, in any event, upon termination of this Agreement, provide at Contractor’s expense and effort copies or

originals of same to the Commission for safekeeping and archival purposes, including but not limited to any

public record requirements that may be imposed by law or regulation.

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JML Draft 12/08/2015

page 3 of 4

Entire Agreement

This Agreement contains the entire agreement between the Parties with respect to the matters contemplated

herein. No promises or representations have been made by the Commission or Contractor other than those

contained in this Agreement.

If to Contractor: Name

Street

Street

City

If to Commission: ANC 6B

921 Pennsylvania Avenue, SE

Washington, D.C. 20003

AGREED TO THIS ___ DAY OF _________________2016.

Employee’s Name and Signature:

Signature:

Kirsten Oldenburg

Chairperson, Advisory Neighborhood Commission 6B

Signature:

K. Diane Hoskins

Treasurer, Advisory Neighborhood Commission 6B

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JML Draft 12/08/2015

page 4 of 4

Exhibit A

POSITION DESCRIPTION: Administrative Assistant for ANC 6B

GENERAL DESCRIPTION: The Administrative Assistant works under the direct supervision of the Chair, and

receives general guidance from Advisory Neighborhood Commission 6B on policy and procedure. Duties and

responsibilities depend on the needs of the Commission and may include the following:

1. Prepare the monthly meeting agenda and documentation [~2 days/month]1

2. Draft letters and other communications that result from each monthly meeting [~3 days]

3. Maintain digital records on ANC 6B’s Dropbox account and physical records stored in the basement of the

Eastern Market building

4. Post notices and documents to the ANC 6B website

5. Monitor the ANC 6B dc.gov email account

6. Attend the Monthly Meeting [3H]

7. Assist the 6B Secretary, Treasurer, and Committee & Task Force chairs in the execution of their duties, as

time permits.

QUALIFICATIONS

The ANC 6B Administrative Assistant serves at the pleasure of the Commission. A highly qualified

candidate will have previous administrative experience and possess substantive knowledge of computer

programs, such as MS Word, Excel, Adobe, HTML, and the use of Dropbox or other file sharing systems. 6B

residents shall be accorded preference points.

1 These times in brackets are just my estimate of the time these tasks could take each month.

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Updated Proposed Amendment to Standing Rules of ANC6B:

For Discussion 01-12-2016

VII. OFFICE SUPPLIES/FUNCTIONS

[…]

B. USE OF OFFICIAL LETTERHEAD

An individual Commissioner may not utilize official ANC6B letterhead stationery except as specifically authorized by ANC6B resolution. Copies of any correspondence sent on official ANC6B letterhead must be provided and placed in the ANC electronic or physical files within a reasonable period of time following dissemination. An individual Commissioner may use a version of the letterhead stationery clearly identifying that individual ANC6B Commissioner’s name and contact information but otherwise resembling the ANC6B letterhead stationery, including the ANC6B logo, as follows: (i) the correspondence must relate to ANC6B activities and/or issues related to community and constituent issues affecting the SMD; and (ii) the document must explicitly state within the embedded permanent form of the letterhead that the correspondence has been prepared by and solely on behalf of its author, and does not necessarily represent the view of the entire ANC6B when conducting business with an external governmental or community body, or even for SMD purposes without 1) the approval of the Commission, and 2) with the understanding that copies of that correspondence be made available to the ANC office files.

C. USE OF LOGO Commissioners may use the Commission logo only on materials directly related to ANC activities, including but not limited to informational materials, business cards, email signature blocks, and correspondence. business cards. The Commission logo may not be used by SMD commissioners on campaign materials or for any personal or private business purposes whatsoever.

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James M. Loots, ANC6B03 634 G Street SE #200 Washington DC 20003 [email protected] 202-544-1552 - Home 202-536-5650 - Office

OFFICERS Chair Kirsten Oldenburg

Vice-Chair Brian Flahaven

Secretary Daniel Chao

Treasurer Diane Hoskins

Parliamentarian Denise Krepp

COMMISSIONERS SMD 1 Jennifer Samolyk SMD 2 Diane Hoskins SMD 3 James Loots SMD 4 Kirsten Oldenburg SMD 5 Steve Hagedorn SMD 6 Nick Burger SMD 7 Daniel Chao SMD 8 Chander Jayaraman SMD 9 Brian Flahaven SMD 10 Denise Krepp Please Note: This correspondence Is from the Single Member District Commissioner identified above. It may or may not reflect the views or positions of other Single Member District Commissioners or of ANC6B as a whole.