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ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

November 10, 2015, 7 p.m.

DRAFT AGENDA

1. Adoption of Agenda

2. Community Speakout

3. Community & Commission Announcements

4. Consent Agenda

Minutes

Regular Full Meeting, October 13, 2015

Special Call Meeting, October 28, 2015

ABC Committee

ABRA-088611, L Street Market, 7th & L Streets SE, Settlement Agreement Revision (change of

Sunday closing from 7:00 pm to 9:00 pm): Eun Choe

Planning & Zoning Committee

BZA #19135, 1118 E Street SE: Greg Dotson & Janine Benner (owners); Kim Jones (architect).

BZA Hearing—December 8, 2015

BZA #18640A, 761 10th Street SE: Barry Jackson (owner) & Robert Berriz (builder). BZA Hearing:

November 24, 2015

Transportation Committee

DDOT Tracking #114510, Virginia Avenue SE Streetscape, CSX Virginia Avenue Tunnel project,

Special Public Space Committee hearing—November 12, 2015

DDOT Capitol Bikeshare Development Plan. Comments due by November 15, 2015

5. Presentation

Christopher Weaver, Director, DGS (Status of Weekend Flea Market)

6. Alcohol Beverage Control Committee

ABRA-100610, Starbucks Coffee #7610, 237 Pennsylvania Avenue SE, new Retailer’s Class

“D” Restaurant license: Stephen O’Brien. Petition date—November 30, 2015

ABRA-100249, Bullfrog Bagels, 317 7th

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

Jeremiah Cohen. Petition date—November 30, 2015 7. Planning & Zoning Committee

DDOT Tracking #113021, 1200 Water Street SE: paving, ADA curb ramp, sidewalk(s), landscaping,

stormwater management with curb drain for a CNG station: Washington Gas. PSC Hearing:

November 19, 2015

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DOH Certificate of Need (for primary care facility), Community Connections, 801 Pennsylvania

Avenue SE

Rock ‘n Roll DC Marathon 2016: Diane Romo Thomas & Ann Chisholm

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

8. Transportation Committee Report (November 4, 2015)

9. Hill East Task Force Report (October 28, 2015)

10. Outreach & Constituent Services Task Force Report (October 15, 2015)

11. Financial

Treasurer’s Report

FY 2015 3rd Quarterly Report to DC Auditor

Hill Center Use Agreement: October 15, 2015 to December 31, 2016

12. Eastern Market Community Advisory Committee Report

13. Hine Community Advisory Committee Report

14. Consideration of Amendments to Commission Standing Rules

15. ANC 6B 2016 Meeting Calendar

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, November 6, 2015. 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, e-mail office@anc6b.org, or visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Tuesday, December 8, 2015.

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

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DRAFT

ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

October 13, 2015, 7 p.m.

Meeting commenced at 7:02p. All commissioners present. Oldenburg and commissioners introduce themselves to public.

1. Adoption of Agenda

Oldenburg – Asks for additions from commissioners.

Flahaven – Requests discussion of planned testimony on October 26, before D.C. Committee of Whole Hearing.

Oldenburg – 2nd

, suggest adding after DC General discussion. Anyone wish to move anything off consent?

No response.

Flahaven moves to adopt, Jayaraman 2nd

. 10-0 approved.

2. Community Speakout

Darrell Powell – Community Coordinator – DC Department of Behavioral Health – Free and confidential service, brochure is

available and distributed. Primarily service those with addiction, mental health issues. Providers are listed, along with convention

centers and mission statements. Free service to any DC resident. Have mobile crisis unit, assessment vehicle that canvass various

neighborhoods.

Jayaraman – How do you coordinate with private or non-profit orgs that provide similar services, e.g., community action group.

Powell: We work with them

Jayaraman - In what capacity?

Powell: They get grants through SAHMSA, we work with them. We oversee certain parts, e.g. chapter 63, we monitor what is going

on.

Jayaraman - What is chapter 63?

Powell: New law, revamped to encompassed laws and procedures to ensure providers are giving better service.

Oldenburg- Can you send link to share with commissioners?

Samolyk – As I was walking down eastern market, I saw a a man that could benefit from this, would they have to be willing

participants. If you see odd behavior,

Powell: They have to be willing. If you can call us, our crisis mobile unit can come out but they have to be willing.

Jeannie Adams, 1020 Penn Ave Butterfield Resident – Wish to speak to the impact of dump truck lined up every morning for Hine

project, sitting idling for half mile; in area with no parking. We are impacted by noise and diesel fumes coming into our building.

What can we do?

Oldenburg – We do have a letter on the agenda, to be discussed within section on PZ Cmte, item number 7. We are going to be

discussing letter to the developer about various issues, one of them is the trucks idling.

Ellen Opper-Weiner – How does the community participate during ANC discussion? I haven’t been to meeting in awhile due to

health issues. How would I comment as a member of the community on issues that arise on the agenda?

Oldenburg – we invite everyone in the audience to participate at some point of the agenda.

Opper-Weiner – thank you.

3. Community & Commission Announcements

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Samolyk – Brent family Picic this Sunday at Brent and Folger Park, 11a to 3p, a lot of fun activities for children, families, live band,

book sale.

Flahaven – Thursday night is Outreach and Constituent Services Task Force Meeting. Issues to be discussed: Rumsey pool hours

issue and vacant/blight buildings and any other outstanding issues, website maintenance.

Oldenburg – Thursday night as well, initial meeting to start design of Virginia Avenue Park, which is currently part of CSX Tunnel

Project. Once the project is complete, CSX has to restore, so starting process on designs, first of a couple of public meetings, in this

room. Rep. DC DGS, Parks and Rec, DDOT and CSX to be present.

Krepp – We’ve had several friends and family members assaulted this summer various part of the Hill. I had two meetings with DoJ.

They only prosecute 38 percent of misdemeanors; divert over 50 percent of crime on capitol hill. My recommendation for you if you

are assaulted is to get police report, and make sure you follow it up. The 38 percent assumes they catch the assaulter, so that number

is lower. Just this afternoon, another crime happened, I’m getting tired of this issue. Second issues: 2 principals wish to remove bus

stop, it is the bus stop at 15th

and E Cap, if you wish to learn more about this request, please come see me. I’m inclined not to support,

I want to deal with the issue of children misbehaving instead of moving bus stop to accommodate those who aren’t behaving.

Jayaraman – Related to that, Leah Daniels, owner of Hill Kitchen, in coordination with CM Allen, will be holding a follow up meeting

regarding crime, loitering, and other related issues at 8 a.m. on October 19, at Hill Kitchen.

Hoskins – I’d encourage those interested to coordinate with us because space is limited.

Samolyk – There was a concern that it was not well publicized.

Hoskins – I don’t think it was intended;

Oldenburg: It was intended as small business meeting for owners on Barracks Row.

Hoskins – EMCAC meeting on Wednesday at North Hall, 21st.

4. Consent Agenda

Oldenburg – This is the section of our agenda where items come primarily through committee process, and committee voted to

support to rec on consent to be voted en bloc.

Commission Minutes of September 8, 2015

Planning & Zoning Committee

HPA #15-629, 801 Virginia Avenue SE, concept/new construction of 4-story building: Nate Hamman, Northfield

Development

DCRA Raze Permits, 1620 and 1622 E Street SE

U.S. Department of the Navy/U.S. Marine Corps, Draft Programmatic Agreement regarding Multiple Projects in

Support of Marine Barracks Washington—Comments due October 16, 2015

Flahaven – move we approve, 2nd

Hagedorn.

10-0 approved

5. Presentations

Forest Hayes, Associate Director, Department of General Services, on the status of the Eastern Market Weekend

Flea Markets

Barry Margeson appears before panel to represent Mr. Hayes.

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Margeson – Amendment to prior license agreement with 2 flea market vendors are signed and extends current license to operate to

July 31, 2017.

Hoskins – Same space on 300 block?

Margeson: yes

Hoskins: Timing of construction on C Street impact?

Margeson: Small clause about that, yes.

Oldenburg – Can you explain? I heard there are options that could extend the contract

Margeson: Any questions beyond that, best thing to do is to email Kenneth.diggs@dc.gov, he is our press officer.

Oldenburg – You can’t speak about it?

Margeson: No that’s all I can say.

Oldenburg- Reason why bringing it up, many here aren’t here when we decided to close 700 block, it was done expressly due to Hine

construction. The ANC would be involved if use of street beyond date of contract. Stipulation in Hine MOU talks about how flea

markets to be managed once Hine is done. I’m concerned about something in contract about continuing beyond the completion of

Hine.

Burger – Why can’t you speak further?

Margeswon: It is not, I mean, if Forest was here he could have spoken more about it, but he can’t make it.

Oldenburg – He had confirmed.

Burger – It is frustrating. We invited him to come and if he delegated his role to you, I expected him to brief you so you can discuss.

It is not helpful to have subsequent conversation, the purpose of this now is so we have a dialogue.

Margeson: I understand.

Oldenburg – We’re going to look into this.

Jayaraman – Are you still responsible for managing in the interim the contract and operation of that area?

Margeson: It is under responsibility of DGS

Jayaraman – You are part of DGS, so is it your responsibility to manage that contract, are you a part of it?

Margeson: Any subsequent questions beyond what I talked about already they are questions you need to forward onto Kenneth, you

know?

Jayaraman – Can Mr. Hayes answer the question?

Margeson: I can ask

Hoskins – I don’t think …

Krepp - I’m sorry this is outrageous. Realizing that we only meet once a month. You are telling me he can’t come, he sent you but

you can’t comment and you are telling us to call a press person?

Margeson: Yes

Krepp - Ok good to know, legal hat on, we signed agreement, was it put into legal agreement?

Oldenburg – MOU, correspondence we had,

Krepp - But we did a lot of documentation. We did this to ensure all is working, and excuse me but that is giving us the large bird

Now that someone isn’t here as had agreed upon, and you substituting in his place, standing here, telling us that we need to write a

letter. We need to tell whoever is in charge of this musical char to get their butt here.

Oldenburg - I’m willing to send email to Mr. Hayes.

Flahaven – Move we send letter to director of DGS cc: Mayor expecting Director here next meeting to discuss.

Hoskins – 2nd

.

Hagedorn: can we also copy Charles Allen.

Opper-Weiner (audience member) - What is the agreement in the MOA with regard to flea markets?

Oldenburg – About 6 clauses, I’m sorry I don’t have it here, but the document is online for review.

Opper -Weiner- finding same frustration being pushed off Mr. Margeson can and should know what to tell us.

Oldenburg – I don’t think he’s going to respond.

Burger – Let him answer.

Margeson – I can’t recite clauses of MOA.

Krepp – What is your understanding of clauses, if you can’t answer them why are you here?

If you are here to make us angry and upset you succeeded

Margeson: I’m here to present what I presented. I can’t answer any more questions than that.

Hoskins – My observation from the get go when the announcement to where we are today, is that it has been poorly communicated,

which is an understatement. There’s been a strong lack of community engagement involvement and dialogue that is merited when we

are talking about such important matters. That is my frustration. Disappointed that Forest can’t be here. He put you in this position.

But really it is disappointment DGS failed our community.

Chao – Who higher up told you not to tell us? Did Mr. Hayes instruct you not to say more than you are saying to us now?

Margeson: Was told to only say what I can say. I’ll definitely pass on that you are upset frustrated, and lot of questions not answered.

Krepp - Can we ask for emergency meeting and he get in here to explain what is going on?

Oldenburg – We don’t have Marshall to enforce

Krepp – We have press, community pressure, and we need to ..

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Oldenburg – in our letter request …

Loots – I concur, there is nothing time sensitive. I share general sentiment, frustration, at this time we are basically having our time

being wasted and suggest we call for question.

Oldenburg – motion on table,

Samolyk – I would ask in letter we ask for more transparency, if we are going to wait another month, have FOIA request. The whole

lack of transparency, seems closed door, and is a concern of mine the way Eastern Market is run.

Oldenburg – We can pass this motion to write a letter, draft it up, and commissioners can have input.

Hoskins – I think I’m very supportive of the letter I’d like to work closely with you Brian and Steve on content of letter and hopefully

we can agree in email on follow up on specifics.

Hagedorn – Can we hear from market operators?

Oldenburg – Would market operators wish to speak? Mike?

Mike (from audience) – if it is regarding how DGS handled situation? No I wouldn’t have any kind words.

Oldenburg – We’re looking for info on contract, content, we’re not getting it from DGS.

Mike: what do you wanna know?

Krepp – Are you happy with it?

Burger – Wait, wasn’t it about what happens on 7th

street closure once Hine closes.

Mike: I don’t have that answer.

Flahaven – I think we’re going back and forth, we will ask director to answer questions.

Olenburg – Vote on letter:

10-0 approved.

Hoskins – Follow up question not quite germaine. Unrelated to market, we’ve discussed trash and dumpster issue at market.

Obviously we’ve seen some improvements and am wondering what additional measures can be taken given issue of overflowing

dumpsters and rats?

Margeson: Sure, there was 1 weekend we put a mechanism on compactor that provided information about how full the compactor

was. So the garbage company can come and empty is on more precise basis. One weekend they didn’t come just prior to the weekend,

and it filled up quickly over the weekend so we had to begin putting cardboard boxes into bins, which is very unsightly. And what

we’ve done after that is we went back to prior routine, which is every 2 weeks they come out, pick up compactor, take it away and

then come back so we don’t have potential 3 week time of overflow. We have 2 eight yard dumpster and increase capacity at north

hall, we may have to come up with different solution or more for capacity.

Hoskins – Any emergency measures that can be taken?

Margeson: I’ll ask about that. Good question.

Opper-Weiner – Parking issue, I wish to have it raised again. It is getting worse and worse. Lack of handicap parking, no supervision

on weekend, and I go to market virtually every single day. I don’t’ know how it is being addressed, but think the director should tell

us how he plans to resolve the issue. I’ve raised it repeatedly to manager, but I get no response.

Oldenburg- As you know we are working with DDOT and it is slow laborious process. You attended that meeting. Re: the letter it is

not a part of the issue and this would fall under EMCAC. We don’t spend our time micromanaging parking.

6. Alcohol Beverage Control Committee

ABRA-100267, Las Placitas, 1100 8th

Street SE, new Retailer’s Class “C” restaurant license. Petition date: October

26, 2015

Oldenburg – Introduces Mr. Amaya, co owner of Las Placitas. Formerly was on 500 block of 8th

for 24 years, just short of 25 years.

Had to shut down end of September and is moving to 1100 block of 8th

Street SE, to a growing area of the Hill. Hopes to open to

restaurant around 1st of November. Very quick turnaround for his business and employees who are currently not working. I had been

working with ABRA. ABRA told him best to request new license instead of transferring new license. I and Chair of ABC Cmte had

conversations with Mr. Amaya on the SA. It is in the packet. Mr. Amaya is asking us to vote for stipulated license, because it is the

only way he can open with liquor license on Nov 1st due to his hearing date in Jan.

Jayaraman – The space is south of the freeway by L Street. It is a rectangular building with top left portion occupied by a barber shop

that has been there for 50 years. Wish to put seating on L Street side and on opposite side is a Pakistani restaurant. I had a chance to

go and look at rear condition, neighboring building and had a meaningful conversation. A number of things that I have been pressing

on all applicants for are indoor trash, enclosing mechanicals, and indoor grease storage. Mr. Amaya has come a long way in

understanding what ANC 6B is trying to accomplish. There’s physically not enough space for trash to be kept indoors. We did reach

agreement on a number of items including when the disposal of garbage can be done safely and any trash after 10 pm would be stored

inside, grease storage would be inside as well and enclosing the mechanical adherence. We want to make sure with his establishment

that we have a clean slate to start an example for that block. We appreciate Mr. Amaya’s cooperation.

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Oldenburg – Quick comment there is no alley and it is a very unusual lot, it goes behind all other buildings that face 8th

Street so it is

very strange.

Jayaraman – Only question I have madam chair, what is the total seating for indoor outdoor?

Oldenburg - Total 78. 40 indoor, 38 outside. Guided by sidewalk café permit and certificate of occupancy. There is an existing

sidewalk permit from the former Peruvian chicken restaurant.

Opper-weiner – To Mr. Amaya: I remember a time when his restaurant was one of two on 8th

street. Thank you for feeding us.

Amaya – thank you for your support, look forward to open soon.

Oldenburg – Move we support application for new license and ask ABRA issue stipulated license.

Flahaven 2nd

.

9-0-1 approved. Commissioner Loots abstaining.

7. Planning & Zoning Committee

Rock ‘n Roll DC Marathon (March 2016): Diane Romo Thomas

Burger – First item is RnR DC Marathon, Ms. Thomas came to our meeting last week and reviewed coordination measure in

conjunction with partners. We asked her to come this week and bring WMATA rep to understand role.

Lynn Bowersox, Asst Mgr at WMATA – Been working closely with Diane to ensure smoothly for next marathon. In talking with

Diane and learning of commissioner concerns; thought I’d give update on Stadium Armory. Some of you are aware we have in fact a

fire at a power substation close to Stadium Armory, which took out 3 lines. The substation job is to convert Pepco power to energy to

be used for power trains. Fire damage precluded usage of power station and had to amend service temporarily. We’ve been able to

identify opportunity to excel work to restore service. The damage from fire we thought was total in some components, but upon

cleaning and inspection, they are reparable. Some we need to conduct tests and accelerate work on power station before end of this

year. This shortens time table from 6 months to half that amount of time. Over this weekend, we finished clean up of substation. IN a

matter of a few weeks we should know from engineers. March 16th

is a Saturday, we expect all facilities to be operational.

Krepp – Let me interrupt. I’m sorry, you guys failed when it was supposed to work in March. People stood in the rain in 45 minutes

to wait. Your answer is insufficient. Because you failed last year, you are already failing, and I need to believe it is going to work and

this is all happy and rosy now? No. What is your plan if your system is still broken. How is it going to be improved from last year

when people stood outside 45 mins wet, and freezing?

Bowersox: Just to be clear marathon averages 20k. Processing 20k people even staggered, does take time. Moving 20k people,

processing is time consuming is time consuming and weather can aggravate. We have some crowd management improvement plans.

Krepp: What’s WMATA doing? Diane has been great in helping us.

Bowersox: We do a couple of things, we coordinate with marathon to support them. On Saturday, we are servicing stadium armory

with normal power drill will restore operation. But crowd control is what we team up with event organizer on. It is a collaborative

process.

Burger – So for sometime large scale events in district, I’ve seen WMATA run weekday rush service.

Bowersox: What happens is event organizers would pay for those service frequencies. Typically for very large scale events. Usually

$100K plus - we see that happen.

Burger – Escalator outages, unplanned, is there any way WMATA can beef up inspections to work?

Bowersox: Right now at Stadium Armory station, one escalator is out of service so we looked at calendar special events, we expect it

to restore in January. Hopefully we are going to have an alignment new escalators power back in service ready for marathon.

Loots – My perspective of last year, with subsequent conversation with event organizer, big part of what went wrong was WMATA

inadequately prepared; lack of personnel on site, lack of people guiding, controlling the crowd. Event organizer bears responsibility as

well, my SMD is south of Eastern Market. Thousands of people had to walk to my SMD to access Metro. WMATA did no

assistance, guidance. Had WMATA provided shuttle bus to another metro station, whether eastern market, navy yard, it could have

certainly alleviated the crunch. Last year when things were not at risk of power outages, things did not work very well in metro

system. I think WMATA should shoulder a lot of responsibility for dysfunction and chaos. I want to hear what you are going to do to

provide additional signage, personnel, staffing, shuttle stops. Normal is not good enough. Normal is a disaster. This year I want to

hear you going above and beyond. You have got to do something else.

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Thomas: We need to message egress better as event organizers. We can dedicate more paid staff to Stadium Armory, and Potomac

Avenue Stations. Special shuttle buses to Benning Road, etc.

Krepp – I understand it but you know what infuriates me. I specifically went to your boss and asked WMATA we need to know x, x,

you are pushing it on the event organizers. What are going to do? We have dehydrated people, we will have drunks that come after

this - could be 60 thousand.

Bowersox: So our folks are working with police and event orgs. We don’t publicize all police plans, they are sensitive. We staff for

them and deploy and manage, crowd management. We are working to ensure all is in place. There is a police and service piece. I am

hearing you regarding overflow from stations. Diane is addressing dispersing participants broadly. If there are other specific areas of

concern you wish for us to address specifically, we are open to hearing that. And frankly I don’t have a lot of details, just general

sense of overwhelming details. 20K people in one place you’re going to have a certain amount of above average crowd.

Hoskins – What services does WMATA provide event organizers to help those who wish to do business manage these type of crowd.

You are the expert in moving people. Sounds like there cost share and collaboration. I think it would be helpful for us to understand

what those options are.

Bowersox: We can respond in more detail, we have special events team and those are done through them who are familiar with surges

as well with bus service.

Hoskins – Diane what has your experience been and knowing what happened last year, do you feel you are given enough service

options from WMATA. I’m asking how can we make this work better.

Thomas – We meet extensively with WMATA. We could use more staff on site. We’ve studied highest volume of people getting on

metro, we looked at highest traffic stadium and we try to increase amount of time of train at those stations.

Hoskins – Buses and exploring transportation to bus center. Have you looked at bus to transport event site to gallery place, metro

center, etc.

Thomas – That’s a good point and should be our backup plan for inclement weather. Have buses put them on Benning road, etc.

Burger – You mentioned Benning to Mineesota I’m not sure if it’ll help a lot because you are putting folks outside of district.

Flahaven – I think it is clear the issues that has been raised, we had back ups at Stadium Armory metro, what are you going to do to

prevent back up this year? Easy thing to find out is elevator maintenance schedule is done by that time so you can report back to us on

when that ‘s done so we don’t have that issue again. Is there going to be signage? I think there are pretty clear response. The bus

issue that was brought up, etc. I would say those are easy things to find out and our letter can make clear WMATA needs to be more

proactive, given what residents around Armory had to deal with.

Krepp – Motion is we do not support this until you come back to give us answers to questions. We have been through hell and back

for too many years and we shouldn’t support your application until WMATA puts down in writing what your transportation plan is.

Jayraman 2nd

.

Loots – Are we being asked to formally endorse? I missed that.

Burger- We had a rec that we support on condition that Ms. Thomas brings someone from WMATA to talk to us about their role.

Loots – Question for Ms. Thomas what is your time frame for getting your permit approvals to get what you need.

Tomas – We went before homeland security task force, MPD is the last, we go through 15 ANCs. This is one ANC that filed

objection. So we were asked by task force to return to see if we can address concerns. I’m always looking to improve events to

answer questions address concerns. Right now the final permit is handed off a week before event.

Loots – With that in mind I favor the motion we demand more clarity as to what their crowd management plan is. I do commend Ms.

Thomas for the progress made in this conversation and responding proactively for what went wrong last year. I am not convinced this

year is going to be any different. We don’t have a document that says here is what we commit to do, e.g., event org will pay WMATA

more shuttles, we WMATA will commit to have more personnel, etc. I want something in the form of a positive concrete

commitment, not a lot of good ideas and hopes. We need that, for I at least to be comfortable in endorsing.

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Flahaven – Krepp’s motion is amendment in form of substation to oppose the approval of marathon based on fact we don’t have

concrete plan from WMATA.

Jayaraman – I was out that day, from 14th

and Independence to 8th

and H took 2.5 hours to get home, had to get home via Suitland

parkway. All they told us was you stand here and don’t let anyone to go this way.

Burger – Had MPD at committee to discuss thoroughly.

Hoskins – Who does the letter get sent to?

Oldenburg – I think it gets to homeland security.

Hoskins – I think it would be helpful to have the letter to incorporate some points that Flahaven and Loots discussed. And would

expand upon, you raised signage and personnel and also physically moving people – let’s manage people, not just enhance work of

pamphlets and signs.

Opper-weiner: Was here 2 years ago asking how I would not be imprisoned in my house and I was promised, it didn’t work. H Street

festival had signs, told you what to do, how to detour, get around through streets. So I’m 2nding what Chander said. Some of us use

cars and I’m one of them. I’m not the only who is stuck. You may remember me because I came to the meeting to bring this to

attention. Our neighborhood should not have to suffer because you can’t manage it. Wherever it is, I will take the detour.

Carol Wright: Promises were made by this marathon we asked simple things not to put barricades up to prevent vendors from EM and

to be burden to residents. They made promises to work with MPD to not disrupt but the promises were not kept. There is very strong

merit in asking for specifics.

Flahaven – I would support the motion and hope to see a formal plan once letter is sent and see it soon so we get it to address timing

of the marathon.

Thomas – We have put in writing what we could do, what we didn’t do is signage.

Hoskins – We put our commitment event side in writing, we can include signage.

Burger – A lot of it is contingency planning. E.g., if beautiful sunny day, people have to wait, it is the nature of large event. Issue is

they can’t get down the escalator because…

Oldenburg – I’d like to vote. The motion as I understand is in a nature of substitute to not support the marathon until and unless we

receive a list of answers to respond to our questions regarding commitments and concrete actions in writing from marathon organizer

and WMATA.

Krepp – Part of this is RnR and part of it is WMATA. WMATA can’t say it is all on RnR Marathon.

Oldenburg – Let’s vote on Krepp amendment first to the committee’s motion:

10-0 approved.

Oldenburg - Now we vote on motion itself:

10-0 approved.

Letter to Stanton-Eastbanc on Hine Development Construction Problems

Hoskins – To recap, I think all commissioners have a copy of this letter. ANC 6B is a party to construction management agreement to

Stanton Easbanc, it was a long, arduous process to craft the language, with significant input. There are a number of ongoing violations

and our letter outlines the specific issues that we are facing and have witnessed and urges the developer to increase their effort to

mitigate impacts on community.

Oldenburg- We have a draft letter are there any comments? This is a good letter and appreciate it being put together. I do have some

concerns but not enough to not vote for it. I think it would be a stronger letter, because it refers to ongoing violations and intermediate

issues, it would be stronger letter if those were enumerated here. E.g., these are things that happened and never remedied. Given that

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comment I think that in our monthly report from Hine, a very well done report, I think that this will come to us as “ooops what’s going

on”. I’d like to see in our monthly meeting reports of what has happened, what has been done to resolve, so rest of the commission

will have an idea of ongoing work.

Hagedorn – Since our last meeting at PZ we are now funneling all complaints through the co chair. We are keeping systematic

information.

Hoskins – CMA sets up Hine CAC and co chair Jonathan Page. And he is developing a daily report which we would be glad to

incorporate and present at our monthly meetings and make available to commissioners.

Zack Kolski – Earlier in the meeting we heard committee members you had experienced incidents as well and ask to summarize as

well. You mentioned report and I’m wondering if there’s a similar packet from folks in the neighborhood; I want to know

Burger, Hoskins, - Engage with SMD members and any one of us about issues you have experienced so they can put you in touch with

the co chair as well. If you see something in violation of DC law, you can certainly report that. 311-911.

Chao – I’m the Commissioner who had an incident with the Hine construction project. I drive a 97 Geo Metro and turned right onto

7th

Street SE. But as I was approaching 7th

from two stop lights away at 11th

, I can see that a construction truck was idling on the

corner. Thus when I turned right onto 7th

, I pulled in front of the construction truck then stopped immediately because of oncoming

traffic and pedestrians. As I was paused, the construction truck decided to move forward and turn, thus his bumper hit and rammed

the passenger door for a few seconds before he could see that he hit me and was pushing my car aside. To add insult to injury, 6

weeks later he filed a claim against me claiming that my small Geo Metro damaged his brick hauling truck, after I paid out of pocket

to restore my passenger side door. Matt w/ Eastbanc responded by saying, this is between your insurance company and the trucker’s

insurance company; there’s nothing we can do about this.

Hoskins – This is tough because trucks are subcontracts to contractors, it is going to be an ongoing challenge. Steve and I are working

really hard, one of the points of this letter is to make the point that the developer should increase efforts. Because we had constructive

and ongoing conversation with the developer and they are trying. They just need to try harder. Steve and I are hopeful that this will

encourage the developer to use best and greater efforts.

Zach (from audience) – To me insult to injury are fences are “ no idling “ signs. Shows a complete lack of disregard to anyone else’s

interest. I feel and appreciate the effort, I don’t see them extending an effort far enough. It seems like most incidents are avoidable if

they just went an extra inch.

Oldenburg – Idling 3 minutes is a DC law for all trucks, and also point out in our report, the truck issue is going to sort of slowly

dissipate as the excavation phase ends, in November.

Zach - There’s no parking along PA Ave in the morning, but they are parking the trucks there.

Gerry Sroufe – I think the letter will be very helpful. They are well intended but have a very casual response to community’s

concerns.

Hoskins – Move that commission send letter to Anthony Lanier, 2nd

Hagedorn. 10-0 approved.

8. Ratification of Letter to WMATA on Trains Skipping Stadium Armory (SA) Metro Station

Burger – Specific question was why was current plan to skip SA, what other short term alternatives were considered, what further

alternatives will explore, confidence of 6 month repair, what factors could contribute to delay, request monthly update to public. My

read of the letter forwarded to us by WMATA, it was a letter to CM Allen and Alexander, didn’t talk about short term response, 6

month estimate, but did address other issues. We would still like to hear factors that could delay their work and did not speak to

response on public updates.

Krepp – It was insulting. Outright insulting after we had sent a letter to WMATA for them to not respond but instead to send us a

letter, cc’ing us, but addressed to other Councilmembers. Not only did you think we were going to take it but apparently we aren’t

supposed to question you, WMATA. We’re just supposed to live here and deal with this situation. Rush hour peak fare I had to pay

12 dollars to get to home today. It makes me speechless.

Oldenburg – We are here to ratify the letter, we can also modify the letter and send it back to WMATA and add a paragraph that says

while we appreciate receiving a copy of it, it does not respond to our letter. We wish WMATA to respond to our letter.

9 | P a g e

Hoskins – Interested in WMATA whether they are eliminating rush fare to and from SA station. My inclination is for this

commissioner to support request to WMATA not surcharge folks rush fare for rush service.

Oldenburg – I hear it is not technically feasible, but can hear from WMATA on this.

Bowersox: Apologize for not getting a direct response to the letter. The two open issues I heard described were 1: Can we make

monthly report, and certainly I can commit to that. I think what we think we have done there have been 3 full updates, we think we

are exceeding that but we can do more. 2nd

. What are the mitigating factors that can extend repair timeframe. The components once

repaired need to be tested. Will test prove that it is sustainable with full power, we can’t simulate it. If it is not sustainable then we

order components that takes time from manufacturer to replace temporary fix. That is what mixes up timetable.

Hoskins – Have you considered eliminating rush fares at SA for traveling to and from.

Bowersox: We have technical limitation. Smartrip is limited so we are trying to expand technical capability, we aren’t there yet.

Hoskins – how quickly or seriously is WMATA considering

Bowersox: New fare payment system – pilot program finished this summer. Bottom line, today all info stored in chip in card, unless

you tap machine we can’t do anything to impact your card. New system allows us to manage off your card, like easy pass. By

converting to that we can be more flexible on fare matters. We are working through contract matters. It is a couple of years off, but

test rollout has been very successful.

Samolyk – You’re talking about re-fabbing, in the short term, as I ride the metro almost every day. Some days I spend up to 3 hours,

go from Capitol Hill to Tenleytown. It has been very frustrating. I have been kicked off trains, we shuttled, there’s been a lot of

problem. Is it because we are trying to refab old parts?

Bowersox: No I am also a red line rider. This year has been an exceptional year. A number of issues all occurring at the same time,

aging infrastructure, equipment, etc. Number of extraordinary events. I know it has been tough year.

Flahaven – Do you have updated ridership on SA and Potomac Avenue ridership? Can you provide to us?

Bowersox: Can look and get back on monthly basis and get back.

Oldenburg – Suggest we vote to ratify and modify the letter to ask for response. It is technically an amendment to ratification. 2nd

Flahaven on amendment to ratification.

Amendment to ratification vote – 10-0 approved.

Ratify document vote -10-0 approved.

9. Transportation Committee

DDOT Navy Yard/Union Station Circulator Proposal on Elimination of Stops

Oldenburg - Committee decided not to take action. Commission support DDOT’s route improvement plan but 6th

and M stop be

eliminated in lieu of 4th

and M and support removal of parking spots along the route that obstruct.

9-0-1 approved. Samolyk Abstain

10. Outreach & Constituent Services Task Force September 10th Meeting Report

Flahaven – Reports are in materials – had a good meeting and keep it at that.

11. Financial

Treasurer’s Report

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Hoskins – No expenditures this month. We received our quarterly allotment. FY 2016 budget was emailed out a month ago. I

forwarded it again today.

FY 2016 Budget

Oldenburg – Any discussion on the budget?

Hoskins – During our last meeting I walked through the proposal. We had a productive discussion with input, I provided the new

budget. I’m a little bit unsure about why you have not received this. It was sent on several occasions. Most recently today 430p,

prior to that September 8th

.

Oldenburg – I’m going to abstain from voting since I haven’t had a chance to look at it.

Samolyk – Re: Susan bringing her back in?

Hoskins – Based on conversation of amount, that is available $14k for FY ’16.

Burger – I think we also spoke of getting a group to come in to work on the details. The budget just gave us a guideline.

Hoskins – I move we approve FY 16 budget., 2nd

Samolyk.

Approved, 8-0-1 abstain Oldenburg. Krepp not present.

8. Letter to Mayor Bowser on Events DC RFK Study Process

Krepp – Events DC has hosted two public meetings. There were alot of neighbors and thank you to those who took time out to come

because they were long meetings. There’s a statement made at meeting that Flahaven attended that was troubling. It was made by

Mayor Bowser she supported return of professional football. This was puzzling because Events DC has contracted out to an

organization to do a study in October. It hasn’t been completed, but our mayor says she supports return of professional football to DC.

The letter says with ongoing study with input from neighbors. It is not appropriate to say she supports return of football and asks to

meeting with capitol hill residents. There are a lot of directly impacted constituents who have good ideas.

Flahaven – Thank you commissioner Krepp for drafting the letter. Apologize for not having time to edit. Only question I have and to

offer amendment in substitute. I think it goes a little too far into details. This letter is about the mayor not adhering to process she laid

out. So I also in looking at it I’m a little concerned mentioning CM Allen in the letter. We need to speak as a commission and copy

him on it. I don’t want him to be associated with our comments at this stage. I’ll reference what the amendment does.

– describes changes. 3rd

paragraph, instead of talking about 9/16 meeting, replaced with “ the whole point of Events DC..” In the end

I agree with Krepp that mayor needs to meet. We need to remember and include other adjacent commissioners and residents. I don’t

want to get accused that we have already made a decision about what the final product should be, which is what we are accusing the

Mayor of doing. I apologize the delay

Loots – I’ll 2nd

.

Krepp – I support it. And withdraw my letter.

Flahaven – Move to consider letter I circulated. 2nd

Loots.

Oldenburg – I would very much support it too. On vote to support Flahaven text amendment letter to Krepp letter.

10-0 approved.

9. Resolution on DC Homelessness

Flahaven – Been distributed, but as background, circulated, the Mayor has a pledge encouraging everyone to sign. It would be much

more fruitful to have a resolution from this commission directly impacted by DC General. We should have a strong statement to

support replacement of smaller shelter through all 8 wards. There is a concern to add clause we don’t want to see DC general

expanded beyond current capacity. Concerned about rhetoric to replace DC General. But when push comes to shove, we are the last

to know things have changed. Move we approve the resolution and send it to Mayor and Council, 2nd

Hoskins.

Samolyk – What about adding timeframe?

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Flahaven- Have more confidence in director of human services than prior. By time oversight hearing comes up, then this commission

can make a point of speaking to time frame and response.

9-0 approved,

12. Testimony for DMPED

Flahaven – Cmte of Whole which has jurisdiction of econ development is holding public roundtable on econ development of

Anacostia. We have a situation where we have a significant chunk bordering Anacostia with 3 connect major projects, SE Blvd,

Reservation 13, RFK Stadium. I didn’t have time to draft the entire testimony, but provided outline. I’m happy to work with

commissioners to draft final testimony and give all opportunity to weigh in on these issues. I don’t want to preclude other

commissioners who may also decide to testify on this issue as well from 6B.

Burger – DMPED does have any thing to do with Bridge Park?

Flahaven – Don’t think so. Technically they don’t have jurisdiction with SE Blvd, but they are considering.

Naomi Mitchell (CM Allen Liaison) – They not only not have a plan, they don’t have a role. All along entire river from Wharf, Yard

to Anacostia, DMPED have no particular notion of having a role. So this is being pushed by our councilman to get more engagement.

This is so development has to be controlled so we can determine what is to going on for this portion of the river. Existing river users

also need a voice and work with a partner. I would suggest DDOT be invited on this panel to respond to land use. I think this is a

very important roundtable, basically CM Allen’s roundtable.

Flahaven – Move approve 10/26 testimony for hearing Hagedorn 2nd

.

10-0 approved.

Krepp – I apologize for interrupting and shifting topic but wish to speak off topic. I had to step out. For a few minute to take a call.

One of my residents was brutally assaulted and battered, 2pm on 1800 block of A Street SE. She’s currently in the hospital.

Apparently she has suffered psychological and physical harm. Police are there, a guy walked into her apartment building and opened

her door. Please remind your residents to take precautions to be safe.

10. Consideration of Amendments to Commission Standing Rules

Loots – My thoughts are 2 fold. As currently drafted, section 7b is restrictive and impairs our ability to represent constituents to voice

issues of important in our role. It appears primary purpose of existing rule is to make clear distinction between actions request

communicating as SMD member v. the official policy of ANC as a whole. I think we can do that while still allowing SMD

commissioner to communicate daily with others involved in cases, as long as we state clearly we are speaking not as a whole but in

our own SMD capacity. Also keeping in mind FOIA requests, open records, anyone who sends communications should forward an

electronic copy so we have it in archive for the whole ANC. On 2nd

proposed amendment to use logo, my concern is that it was rather

vague what was and not permitted. It does not say what you can use it for. I specify specifically what we can use it for and not for.

Those would be the two amendments to offer.

Oldenburg – I have, under first portion, it looks to me you are saying any commissioner can use official ANC letterhead in conducting

whatever business ANC related. Is that what you are saying? Similar to what you did to the mitigation fund?

Loots – With additional caveat it is explicit that it is my SMD, my issue, my stance on the bottom. Where this would be most useful

to commissioners would be day to day stuff, the potholes, stop signs, etc. If I call or send an email, I don’t get no respect, like Rodney

Dangerfield. I think with logo it would get more attention and demand better response.

Flahaven – For first one, a better solution, we can keep our list of positions for our main letterhead for SMD members not list the

ANC members, delete all commissioners. And just put the SMD commissioner’s name on top. So this is more individualized and

avoids any confusion. I’m not going to object to this change tonight, but I think this could be a better idea.

Oldenburg – I do have concerns. The way I approach this, was to change the use of the logo paragraph instead to say basically

commissioners can use logo on SMD stationary and business card. This allows the logo to be used by SMD commissioner, but in very

distinct version, rather than changing previous use of letterhead.

12 | P a g e

Loots – To your point I think there is value of consistency. If there were a similar letterhead that each of us use individually, clearly

our own, but if one comes from Hoskins, and one comes from me, they would look identical but for our name on it. That would be

different from each of us using our own.

Burger – I see a lot of value in having fixed SMD letterhead that allows use of logo and offers consistency. That would need to

include clause 2 as proposed by Loots. Benefit to having individual letterhead that doesn’t violate the rules. It is the easiest path.

Oldenburg – Practical issue here, as someone who sets up letters monthly, I would suggest elimination of the side bar, because you

would have to deal with complications with the side bar frame while typing letter.

Hoskins – We’re in agreement about a path forward that wouldn’t list the full commission names of left hand side for an SMD

correspondence. Wonder if we might vote on them separately. First on letterhead and second on the logo. Maybe then we can come

back next month. Maybe don’t change letterhead and finalize proposed SMD template.

Flahaven – It may be a good compromise. Maybe we can take up the issue of official letterhead next month and for now take up the

issue of use of logo. This way at least we move things forward in one aspect.

Burger – I feel if we are going to let people use the logo, you need to have that proposed clause to indicate as such.

Oldenburg – Our official letterhead where we send out letters on behalf of entire ANC has to be very distinctive and look like it

represents entire ANC therefore the challenge is to come up with SMD type letterhead that is distinctive enough.

Jayaraman – I may be able to help with formatting.

Flahaven – Suggest we take this and talk more finalize in November.

11. Adjournment

Flahaven move to adjourn until next meeting on Tuesday 11/10.

1

ADVISORY NEIGHBORHOOD COMMISSION 6B

Minutes of the

Special Call Meeting on the Hine Coalition FOIA Request

October 28, 2015, 8:30 p.m.

Commissioners attending: Burger, Flahaven, Hagedorn, Hoskins, Jayaraman, Krepp, Oldenburg

Commissioner Oldenburg noted the presence of a quorum for ANC 6B, calling to order the special call

meeting on the FOIA request from the Hine Coalition. There were no changes to the agenda.

Commissioner Flahaven moved to adopt the agenda (second by Commissioner Jayaraman).The motion

passed 7 to 0.

Commissioner Oldenburg introduced Gottlieb Simon, Executive Director of the Office of the ANCs,

who attended the meeting to provide advice on the request.

The commission moved to switch to a closed session on a legal matter before the ANC by unanimous

consent.

The commission moved to switch to an open session by unanimous consent.

Commissioner Flahaven moved to adjourn the meeting, seconded by Commissioner Jayaraman. The

motion passed 7 to 0.

DRAFT Page 1

ADVISORY NEIGHBORHOOD COMMISSION 6B

Alcohol Beverage Control Committee Meeting

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

Frager’s Hardware Conference Room, 3rd

Floor

November 5, 2015, 7:00 p.m.

REPORT

Present: Commissioners Jayaraman, Samolyk, Oldenburg, Hoskins, Hagedorn, Burger (Chao joined after agenda adopted) Resident Members: Palace. Amended Agenda adopted (one case removed; one case reordered). Pass 12-0 1. Approval of the Agenda (5 min) Approved 7-0 2. Modifications to SAs (10 min)

ABRA-088611, L Street Market, 7th & L Streets SE, Settlement Agreement Revision (change of Sunday closing from 7:00 pm to 9:00 pm): Eun Choe [6B04]

The applicant was present. Commissioner Oldenburg stated that this was a correction of the existing SA about hours of operation on Sunday. She thought it was an oversight. There were no concerns raised or comments provided from ANC Commissioners or residents. Vote: Motion to approve SA with amended hours and place on consent agenda (Oldenburg; Hagedorn 2nd) Pass 8-0

ABRA-077797, Café 8, 424 8th Street SE, Settlement Agreement Revision (change in operation/sales & consumption hours): Jermaine Matthews [6B04]

This application was withdrawn at the request of the applicant.

3. New Applications (45 min)

ABRA-100249, Bullfrog Bagels, 317 7th Street SE, new Retailer’s Class “C” Restaurant license: Jeremiah Cohen. Petition date—November 30, 2015

Background from Applicant:

Bagel Shop and 13th and H – it’s pop up concept at Star and Shamrock It’s limiting business to be open only in morning Applying for ABC license to be successful Breakfast, lunch /brunch, and supper menu Bagel is base for which developing the rest of the menu Places in NY that the concept is based upon

DRAFT Page 2

Response to questions re: Meats and Frying

No deep fryer.

Not changing any recipes

Induction burners

Gas bagel oven needs to be hooded

No hasbrowns

Discussion on Mechanicals:

11feet wide bagel shop and lends itself to this type of restaurant, trying to showcase

Elevations from the side – the HVAC is special type which claims to have quiet and efficient mechanicals

Property owner had constructed a very cool upstairs, including repointing at great expense all the bricking. At midpoint roof goes up, because the addition is taller than original historic building

Residents requested more specific data on mechanicals (specs)

Neighbor behind Tunnicliffs and Boxcar stated that enclosing mechanicals has had a significant positive impact on quality of life from the mitigation of noise. Soundproofing for mechanicals a MUST;

Additional discussion on the need for a PCU since the intent is for a full restaurant not just a simple bagel shop;

Discussion on Trash Room:

Questions about Trash Room focused on reasons why plans showed that the interior wall was moved by 1 feet. It appears that this may make the Trash room less functional.

Concerns about bringing food through the trash room. Applicant claimed that bringing it through the front was not possible. Neighbors stated that all other businesses on 7th Street receive deliveries from the front of the establishment.

Applicant stated that delivery trucks could park on C Street and being in supplies using hand trucks from the back.

Neighbors sharing their concerns included: Abutting neighbors Mehmet (rug store owner), Roberta Blanchard (Fairy Godmother), Matthew Fruman, Sharyn Kilderry, Linda Elliott, Virginia Vittucci, Marian Connelly, Vote: Motion to take no position pending further discussions between applicant and the community (Oldenburg; Burger 2nd) Pass 8-0 Commissioner Hoskins will host a meeting on Sunday on the following issues:

1. Indoor Trash Storage 2. Enclosing mechanicals 3. Pollution Control Unit 4. Deliveries through the back 5. Outdoor hours of operation

ABRA-100610, Starbucks Coffee #7610, 237 Pennsylvania Avenue SE, new Retailer’s Class “D” Restaurant license: Stephen O’Brien. Petition date—November 30, 2015

DRAFT Page 3

Background from Applicant: Want to serve wine and beer starting at 2 pm and add a savory menu. No grease or food to be cooked on site. Only heated. Staff not allowed to take trash outside after dusk

Discussion on Enclosed Trash Room:

No space in present store for indoor trash storage.

Outdoor rear yard to build a structure

Claimed that it was cost prohibitive

Currently have 6 days per week trash and recycling pick up. Will commit to 7 days per week (new information: Sunday meeting revealed that trash and recycling alternates and thus trash is picked up 3 days per week)

Comments from 3rd Street and C Street Neighbors

How will more food result in better trash management

Kolina , 203 3rd St – all the power washing pushed feces into their basement

306 C St. since 1994, if you’re increasing people and hours, the problem will only get worse. Lost 3 tenants in 3 years because of rats. Tenants can’t let their dog out.

William S.— lives around the corner. Recently moved in and spent 22k on private exterminator.

One year old with rats is a major problem

Sylvia 218 3rd St. around the corner, lived there since the 60s. Rats are in cycles. She called the number and didn’t receive a response. Who should she call? Very concerned about ability for Starbucks to handle trash. Keep your trash

Problem is how you keep the rats out of the trash out – not all rats are customer of Starbucks

Vote: Motion to take no position pending further discussions between applicant and the community (Samolyk; Burger 2nd). Amendment in the form or a substitute: Move that the committee oppose unless they applicant agrees to indoor trash storage (Hoskins; Jayaraman 2nd) Motion failed 1-5-2. Original motion: Passed 8-0

Page 1 of 3

SETTLEMENT AGREEMENT

This Voluntary Agreement is made on the __ day of November, 2015, by and between L

Street Market, Inc. and Eun Sun Choe as its sole stockholder, jointly and severally, t/a 7th

& L Street Market and Advisory Neighborhood Commission 6B.

WHEREAS, Applicant has requested certain changes in its October 2014 Settlement

Agreement;

WHEREAS, Applicant’s renewal for a Retailer’s Class B license ABRA-088611 was

granted by the District of Columbia Alcoholic Beverage Control Board on November 24,

2014; and,

WHEREAS, the premises located at 700 L Street SE, is within the boundaries of the

ANC; and

WHEREAS, the Parties desire to enter into an agreement governing certain understandings

regarding the issue of the license; and

WHEREAS, the Parties are desirous of entering into a Voluntary 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. Both 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 will manage and operate a Retailer’s Class B

license under the following provisions:

a. The Applicant will comply with all laws and regulations governing the

operations of the establishment.

b. The Applicant will not divide a manufacturer’s package of more than one

container of beer, malt liquor or ale to sell an individual container of the

package if the container is less than 70 ounces.

c. The Applicant will not sell, give, offer, expose for sale, or deliver an

individual container, a two pack or three pack of beer, malt liquor, or ale if the

container is 70 ounces or less, and will not sell spirits in half-pints or smaller

volumes.

Page 2 of 3

d. The Applicant will discourage the illegal public consumption of alcohol in or

around its immediate area and will participate in an ABC Board-approved

course in alcoholic beverage sales management.

e. The Applicant will not sell or provide cups or single servings of ice and will

use clear plastic bags for customers to carry alcohol from the subject

premises.

f. The Applicant agrees to post this Settlement Agreement alongside her ABC

license.

g. Any change from this model concerning hours of sales will be of concern to

neighboring residents and businesses.

3. Hours of Operation and Sales. The hours of operation and sales shall be as follows:

Monday through Saturday: 7:00 a.m. to 9:00 p.m.

Sunday: 8:00 a.m. to 9:00 p.m.

a. Signage, Noise and Privacy. Applicant will strictly comply with D. C.

Official Code and will prohibit and prevent loitering, rowdiness, panhandling

and criminal activity within 100 feet of the establishment, to the best of its

ability by:

b. Maintaining a “No Loitering/Panhandling” sign on the outside of the

establishment, and

c. Posting a notice kept in good repair and visible from point of entry, a sign

which states

i. the minimum age requirement for purchase of alcohol,

ii. the obligation of the patron to produce a valid identification document

in order to purchase alcohol, and

d. Requesting loiterers to move on whenever they are observed outside of the

establishment, and

e. Calling MPD to remove loiterers if they refuse Applicant’s request to move on

or if illegal activity is observed, and

f. Keeping a written record of dates and times when MPD is called for

assistance. Applicant’s log shall be provided to the Board upon request, and

g. Applicant will ensure timely disposal of trash that is the least disruptive to the

neighbors and that commercial trash pick up will only take place between 7:00

a.m and 7:00 p. m.

Page 3 of 3

4. Public Space Cleanliness and Maintenance. Applicant will maintain the public

space adjacent to the establishment in a clean and litter-free condition by:

a. Exercising due diligence to prevent and or rid vermin infestation in and

around the establishment, including following the recommendations and

guidelines of the Vector Control Division of the Department of Public Works.

b. Picking up trash, including beverage bottles and cans, and all trash on a

regularly basis.

c. Maintaining regular trash removal service and ensuring the area around the

trash can is kept clean at all times.

d. Removing snow and ice from sidewalks fronting the establishment within the

time limits set by the District of Columbia.

e. Planting, watering and generally tending to tree boxes in front of the premises,

if any.

IN WITNESS WHEREOF, the Parties have affixed hereunto their signatures.

Applicant

L Street Market, Inc.

Eun Sun Choe

t/a 7th

and L Street Market

700 L Street SE

Washington DC 20003

202- 546-3023

Eun Sun Choe, President _________________________________________

ANC Advisory Neighborhood Commission 6B

921 Pennsylvania Ave SE

Washington, DC 20003

Kirsten Oldenburg, Chair ______________________________

1

ADVISORY NEIGHBORHOOD COMMISSION 6B

PLANNING AND ZONING COMMITTEE MEETING

Committee Report

November 3, 2015, 7:00 p.m.

Commissioners present: Burger (chairing), Flahaven, Hagedorn, Hoskins, Krepp, Oldenburg, Samolyk

Resident members (RM) present: Barnett, Danks, Frischberg, Jarboe, Jeffords

1. BZA #19135, 1118 E Street SE: Greg Dotson & Janine Benner (owners); Kim Jones

(architect). BZA Hearing—December 8, 2015

Application of Greg Dotson and Janine Benner, pursuant to 11 DCMR § 3104.1, for a special

exception under § 223, not meeting the lot area requirements under § 401, the open court

requirements under § 403, and the non-conforming structure requirements under § 2001.3, to

construct a rear addition to an existing flat in the R-4 District at premises 1118 E Street S.E.

(Square 992, Lot 56)

The applicant is proposing a small rear addition to enclose an existing porch. The addition would

not change the footprint of the building. The proposal has support from the most-affected

adjacent neighbor.

Commissioner Oldenburg moved (seconded by commissioner Hagedorn) to recommend the

ANC support the application and place the item on the consent agenda.

The motion passed 8 to 0 (1 abstaining).

2. BZA #18640A, 761 10th Street SE: Barry Jackson (owner) & Robert Berriz (builder). BZA

Hearing: November 24, 2015

Modification of Application No. 18640 of Barry S. Jackson pursuant to 11 DCMR § 3104.1 for a

special exception under § 223 of the Zoning Regulations to allow a two-story rear addition and a

two-story garage addition to a row dwelling not meeting the zoning requirements for lot

occupancy under § 403.2 or rear yard requirements under § 404.1 in the R-4 District at 761 10th

Street, S.E.

The adjacent neighbor relayed concerns about the proposed relocation of the pergola, which

would now be on the north side of the applicant’s property and affect light on the south side of

the neighboring property. Most of the other proposed changes are acceptable to the neighbor.

The applicant’s architect relayed details of the proposed changes (including brick material for the

2

property line fence) and discussed the applicant’s flexibility to alternative designs, including

maintaining the southern path for the pergola.

Commissioner Oldenburg moved (seconded by Commissioner Hagedorn) that the committee

recommend the ANC not support the relocation of the pergola from the south to the north side

but to now support the repositioning of the ground floor door in the carriage house to the north

side of the building. The committee also recommends supporting the brick fence material. The

item will be placed on the consent agenda.

The motion passed 11 to 0.

3. DDOT Tracking #113021, 1200 Water Street SE: paving, ADA curb ramp, sidewalk(s),

landscaping, stormwater management with curb drain for an NVG station: Washington

Gas. PSC Hearing: November 19, 2015

Washington Gas is proposing to build a CNG station on a mostly-vacant lot, which includes

existing CNG infrastructure. The proposal includes two fueling stations and a water management

system for stormwater runoff. The proposal includes widening Water street and adding ADA

curb ramps. Washington Gas will add street lights on both streets within the property limits.

Commissioners and resident members asked about the volume of traffic associated with the site,

which Washington gas was not able to predict, and expressed concerns about the climate change

implications of longer-term natural gas use as a transportation fuel.

Commissioner Burger moved (seconded by Commissioner Oldenburg) to support the

application.

The motion passed 7 to 3 (with 2 abstaining).

4. DOH Certificate of Need (for primary care facility), Community Connections, 801

Pennsylvania Avenue SE

Community Connections is proposing to embed a modest (half-time doctor) primary care

services facility to augment their behavioral health services. The proposal would not require any

construction or renovation. The certificate of need would not regulate the volume of activity,

only the type. Neighbors and committee members expressed concern over the current effect of

CC patients on the nearby community and that the certificate of need could lead to facility

expansion. The committee also raised a question about what, if any, conditions can be attached to

a CoN.

Commissioner Oldenburg moved (seconded by RM Frischberg) to take no position to allow time

to draft a letter to the DoH that reflects the discussion during the committee meeting.

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The motion passed 10 to 1 (with 1 abstaining).

5. ZC Case #04-33G, Amendments to Chapter 26, Inclusionary Zoning. Hearing: November

19, 2015

Commissioner Burger summarized the IZ changes proposed by the Coalition for Smarter Growth

and the response by the Office of Planning.

Commissioner Burger moved (seconded by RM Danks) to take no position to provide time to

craft a statement regarding the proposed amendments for review and a vote next week.

Commissioner Burger will draft that statement.

The motion passed 12 to 0.

6. Rock ‘n Roll DC Marathon 2016: Diane Romo Thomas & Lynn Bowersox

Ms. Thomas and the WMATA representative answered questions about the revised plans

submitted to the committee. Commissioners expressed concern that there was still missing

information about WMATA schedule on the weekend of the race.

Commissioner Krepp moved (seconded by C Hoskins) to oppose the request for support until

more information is provided on the frequency of train operation on Thursday, Friday, and

Saturday for all three lines at the Stadium Armory station.

Amendment: RM Jarboe moved (seconded by Commissioner Flahaven) that the

committee recommend the ANC support the Rock n’ Roll Marathon proposal conditional

on WMATA providing information on the frequency of train operation on Thursday,

Friday, and Saturday for all three lines at the Stadium Armory station by the November

10th

, 2015 ANC meeting.

The amendment passed 9 to 2 (1 abstaining).

The amended motion passed 9 to 2 (1 abstaining).

7. PUD Subcommittee Report to the Planning & Zoning Committee

Commissioner Burger summarized the October 20th

PUD Subcommittee meeting, providing a

brief overview of the items on the draft benefits and amenities package. He indicated that the

subcommittee is planning to send a full package for review to the Planning and Zoning

Committee at its December meeting.

DRAFT for ANC 6B Consideration 11-10-15

Page 1

Mr. Thomas McQueen

Health Systems Planner

State Health Planning and Development Agency

DC Department of Health

899 North Capitol Street NE

Washington DC 20002

VIA EMAIL:

RE: Community Connections Request for Certificate of Need

Dear Mr. McQueen,

Advisory Neighborhood Commission 6B was notified on October 2, 2015, that Community

Connections, 801 Pennsylvania Avenue SE, plans to apply for a Certificate of Need from the

Department of Health (DOH) in order to add a primary care clinic to its existing mental and

substance use treatment services that serve DC residents. Accordingly, at a properly noticed

regularly scheduled meeting with a quorum present on November 10, 2015, the Commission

voted x-x-x to send you these comments.

First, ANC 6B recognizes that Community Connections (CC) provides a valuable service to DC

residents and adding primary care to its mental health services for existing clients seems

appropriate. However, the expansion of CC within its building at 801 Pennsylvania Ave over the

years has concerned the community because of the congregation of its mental health clients

outside the building and spillover into the neighborhood at various times during weekdays. CC

has told the Commission that its operations at this location are now in a steady state in terms of

volume of clients and the building does not have room for future increases and that the primary

care clinic will serve 6-9 existing clients per day at the outset staffed by a half-time physician

and support staff.

Recently the community has become concerned about problems of loitering, panhandling,

homelessness, sexual acts, drug dealing, etc. occurring in and around the intersection of 8th

Street SE and Pennsylvania Avenue SE severely impacting storefront businesses and affecting

the quality of life of residents and visitors to the neighborhood. CC’s operations clearly draw to

this neighborhood some of the people who cause these problems but it is not the sole source. In

recent meetings hosted by Councilmember Charles Allen, CC has publicly accepted its

responsibility for properly managing the impact of its operations on the community. CC has, for

instance, identified a dozen clients who contribute to the problems at 8th and Pennsylvania

Avenue SE, assessed their needs, and committed to aggressively finding housing for those who

are homeless, hospitalization for those in need, and to work with MPD to arrest and jail those

who perpetrate misdemeanors.

In addition to these ongoing commitments, CC has agreed to have a security officer present in

front of the building when the group breaks occur. A security officer will also patrol the 400

block of 8th

Street SE twice a weekday to determine whether any CC clients are causing

DRAFT for ANC 6B Consideration 11-10-15

Page 2

problems and, if so, to either handle them or report back to CC staff. In both instances, the

security personnel will be wearing a CC jacket clearing identifying them as such.

The Commission asks DOH, if it approves this application for a CON, to limit these services

only to those who also receive mental health and substance treatment services at 801

Pennsylvania Avenue SE. This will help to assure the community that this new service will not

result in further growth at 801 Pennsylvania Avenue SE.

Sincerely,

DRAFT

To: Zoning Commission

CC: Coalition for Smarter Growth, DC Office of Planning, Councilmember Charles Allen

Subject: ANC 6B comments and recommendations on ZC 04-33G

ANC 6B strongly support the broad intent of the Inclusionary Zoning (IZ) amendments proposed by the

Coalition for Smarter Growth (ZC 04-33G) to strengthen the District’s commitment to housing

affordability, recognizing that IZ is one of multiple tools the District should employ. In general, ANC 6B

also supports the specific changes proposed by the Coalition for Smarter Growth. While ANC 6B

acknowledges the expertise of the applicant, the Zoning Commission, and its advisory parties, including

the Office of Planning (OP), we offer the following recommendations to the Zoning Commission as it

assess the proposed amendments:

1. We strongly support increasing the amount of IZ housing and deepening the level of

affordability below the current 80% MFI.

2. Correspondingly, we support offering increased bonus density to developers in return for

providing more IZ housing.

3. We support modifying the lot occupancy restrictions in FAR-controlled zones and relaxing lot

width restrictions in the R-4 district.

4. We support OP’s proposed “voluntary compliance” program, which could increase total IZ

housing.

5. We do not support OP’s recommendation #4 for occupancy and administrative flexibility in its

current form. While we appreciate the motivation behind this mechanism, OP’s proposal risk

setting up perverse incentives for developers. Given IZ is still relatively new, we believe the city

and developers should attempt other ways to fill vacant IZ units at mandated MFI levels and

prices, such as allow the city to acquire units and provide them to low-income households (e.g.,

OP recommendation #5).

6. We do not support Ops recommendation #6 for off-site flexibility without further study and

scrutiny to ensure this mechanism would achieve the level and form of neighbor diversity

envisioned by IZ. We are concerned that this proposal could lead to clustering of low-income

housing and/or reduce the change that relatively higher and lower income neighbors are living

in close proximity to one other.

We appreciate the Coalition for Smarter growth’s initiative to strengthen IZ, a program ANC 6B view

as an important, positive tool in a broader toolkit to address housing affordability. And we

encourage the Zoning Commission to take advantage of this opportunity to be ambitious in

improving this relatively new but promising program.

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Report of the ANC6B Transportation Committee Meeting

November 4, 2015

Commissioners present: Nick Burger, and Kirsten Oldenburg (chairing)

Resident Members present: Jerry Sroufe (6B02), Laura Jeffords (6B03), and Michael Berger (6B06)

Others present: Bruce DarConte, Near Southeast Community Partners

DDOT Tracking #114510, Virginia Avenue SE Streetscape, CSX Virginia Avenue Tunnel project,

Special Public Space Committee hearing—November 12, 2015

Joining the Committee to assist with its discussion of this key community benefit of the VAT project

were: Mr. Chuck Gullakson (CSX Assistant VP), Mr. Marlon Smoker (CH2M, consultant to DDOT), and

Mr. Prakash Patel (Clark/Parsons). DDOT and CSX provided renderings of the Virginia Avenue

Streetscape titled “Plans for ANC6B and ANC6D Approval” dated November 4, 2015.

Committee members first discussed the Virginia Avenue Streetscape renderings from 2nd

Street SE to 7th

Street SE and then the renderings covering 7th Street SE to 11

th Street SE, which is within ANC 6B and

includes Virginia Avenue Park. The current renderings only show a high-level design concept for the

Park. Commissioner Oldenburg noted that the design for the interior of the Park would be created during

community meetings that the Department of Parks and Recreation plans to hold. When asked, Mr.

Gullakson said that CSX would need this information by the end of 2015 in order to work out their

implementation plans.

Commissioner Oldenburg moved with a second by Mr. Sroufe that the Committee recommends that the

Commission support the Virginia Avenue Streetscape plans as shown on the renderings titled “Plans for

ANC6B and ANC6D Approval” dated November 4, 2015, and provide the following comments:

The Commission

Prefers, where feasible, separated bike/pedestrian crosswalks along the south side of Virginia

Avenue from 2nd

Street to 9th Street SE as shown at the intersection of 5

th Street SE;

Suggests a change in the pavement color and/or texture on the I Street SE cul-de-sac to

differentiate it from the I Street roadbed to improve motorist awareness;

Asks whether bump-outs could be used instead of striping, such as at 4th Street SE, to

improve pedestrian safety;

Asks that the traffic flow at the intersection of 8th Street SE and Virginia Avenue SE be

carefully engineered to avoid confusion between eastbound vehicles turning left to travel

north on 8th Street and those turning left and then immediately turning right off 8

th Street to

access the I-695 on ramp;

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Prefers that the two curb cuts on Virginia Avenue at 801 Virginia Avenue not be replaced but

acknowledges that the final decision may be made by DDOT in consultation with the

developer of the 801 Virginia Avenue condo building; and

Asks that the planned circle path around Virginia Avenue Park be constructed of a material

appropriate for biking, walking, and running.

In addition, the Commission wishes to thank DDOT and CSX for all their assistance in “translating”

the engineering drawings into renderings that have enabled the community to fully participate in this

process, for holding a Community Meeting on September 28th, and for providing technical and other

advice at ANC 6B meetings.

The Committee voted 5-0 in support of the motion

DDOT Capitol Bike Share Development Plan

The Committee briefly discussed the above Plan that was released by DDOT on October 6, 2015.

Commissioner Burger moved with a second by Ms Jeffords to recommend that the Commission support

the Plan especially given its emphasis on increasing the density of Bike Share Stations in neighborhoods

east of the Anacostia River, suggest that areas in eastern portions of Capitol Hill be considered for

additional Stations since population density will be rapidly increasing because of large condo/apartment

projects underway and research into alternate payment options to improve access for low-income Bike

Share users be aggressively pursued.

The Committee voted 5-0 in support of the motion.

Near Southeast Community Partners

Before the meeting adjourned, Mr. DarConte, informed the Committee about the CSX VAT Community

Mitigation Fund. He explained that grants can be made to residents of and organizations in both ANC 6B

and ANC 6D and NSCP has just completed a first round of grants. A second round will start in Spring

2016.

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HILL EAST TASK FORCE MEETING Date: Thursday, October 28, 2015 Time: 7:00 – 8:30 p.m. Location: St. Coletta of Greater Washington, 1901 Independence Avenue SE Topic: The future of the RFK Stadium site, including a presentation by the DC Fiscal Policy Institute Commissioners Present: Brian Flahaven, Nick Burger, Denise Krepp Resident Members Present: Andrew Johnston (6B06), Pat Taylor (6B09), Katie Donahue (6B09), Julianne Bythrow (6B09), Brynn Barnett (Chair; 6B10) Meeting Overview: Approximately 20 attendees participated in the meeting, which began with an overview given by Commissioner Flahaven regarding Events DC activities to develop potential plans for the RFK Stadium site and the meetings held to solicit community feedback. Representing the DC Fiscal Policy Institute (DCFPI), Executive Director Ed Lazere and Policy Analyst Wes Rivers gave a comprehensive presentation that aimed to inform participants about the range of important considerations for evaluating the impact of stadiums on neighborhoods. The group has focused on the financial portion of sports team/stadium deals, and they have done extensive research on political, economic development, etc. aspects of stadium agreements. Highlights included:

Nationally, issues related to the impact of stadium financing are valid in terms of a community or region’s civic pride and love for the professional sports team, but research shows that economic development is an invalid argument for stadiums, as there is a zero net impact on jobs or incomes in the neighborhoods around a stadium. The facility is used a finite number of times per year, which alone is not a draw for economic impact. Research also shows no new net economic spending from the stadiums; citizens shift spending from somewhere else. For such a massive investment, there are also significant opportunity costs – such tradeoffs as stadium investments in lieu of spending on education, infrastructure, etc.

DCFPI used the SW DC soccer stadium deal as an example, outlining four major concerns regarding the project: o Significant DC subsidy/investment of $150 million. o Initially no caps were placed on the stadium cost; now the team is only responsible for

105% of stadium building cost, with no clear terms about who is liable for any overruns. o Tax breaks for the team of $150 million, to which DCFPI objected. o No clear community benefits agreement regarding affordable housing, recreation

centers, youth employment, etc. – despite DC’s efforts.

DCFPI also discussed the rationale behind cities’ interest in trying to attract sports teams/stadiums: people falsely believe that stadiums bring economic development, and politicians like to “snag” a sports team/stadium as a tangible success or accomplishment that can be touted. In negotiations, teams have the advantage and in their efforts have shown to pit communities against one another to result in a greater financial benefit for the team.

Questions from the Task Force and community attendees focused on economic and community development, successful stadium negotiations/agreements, opportunity costs, with DCFPI response highlights including:

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o A marginal difference in economic impact exists with baseball stadiums; however, football stadiums are larger and would result in a larger public subsidy. In terms of Nationals Park, the Navy Yard was already growing economically before the stadium’s construction, due largely to development near the metro.

o Responding to a question about moving money from MD to DC, it was noted that most of the profit is going to owners and players, who likely do not live in the city. So the profit would not be reinvested in DC.

o Aspects/examples of successful stadium agreements include: structuring an agreement that benefits both the community and team (as the Lakers did through building community rapport), a use tax (stadium tax on top of sales tax), and clear cost caps.

o DCPFI noted that the strongest argument against public funding of stadiums is that “billionaires are getting our money.”

Peter May, who works for the National Park Service, noted that the current lease (through 2038) allows for a stadium, parking, recreation, and related uses. While the stadium could be torn down and rebuilt in this time, it would not only require an environmental impact study but also be unlikely due to the terms that financing would require. Renewal or extension of the lease would likely require action by Congress, as was done in 1986.

New business discussions included the following:

A recap of the Oct. 27 public safety meeting.

Commissioner Krepp noted her disappointment with the Department of Justice in terms of tracking prosecutions, and is helping to create a database about what happens after an arrest.

Further discussion included the DC jail/prisoner rehabilitation post-release and the need for increased sensitivity regarding language used in talking about “criminals.”

Brynn Barnett concluded the meeting by noting that the Hill East Task Force would next meet on Tuesday, Nov. 17 at 7pm, where topics would include a status update and design drawings for Donatelli/Blue Skye development at the Hill East Waterfront.

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Advisory Neighborhood Commission 6B OUTREACH & CONSTITUENT SERVICES TASK FORCE

October 2015 Report

Outreach & Constituent Services Task Force Meeting Date: October 15, 2015 Time: 7:00-8:30 pm Location: Hill Center, 921 Pennsylvania Avenue SE Topics: Rumsey Pool Hours, Vacant Buildings Task Force Members in Attendance: Brian Flahaven (chair – 6B09), Diane Hoskins (6B02), Jennifer Samolyk (6B01) and Nick Burger (6B06)

Department of Parks and Recreation Decision to Reduce Adult Swim Hours at William Rumsey Pool

Chair Flahaven asked Commissioner Samolyk and residents in attendance to share concerns related to William H. Rumsey Aquatics Center (635 North Carolina Ave SE). The following issues/concerns were identified:

o Reduction of adult free swim hours in the evenings to one hour (8-9 pm) o Overcrowding during the morning hours – classes and free swim o Poor condition of facilities – showers not working, broken lane line, no soap o Lack of consistency in scheduling the pool. Posted hours for activities and actual hours

do not match. o Decision to move DC Wave swim team practice start time from 5 pm to 6 pm on

weeknights. o Lack of communication about schedule changes and why changes are made. o Perception that DPR is more concerned about generating revenue versus serving DC

residents o Pool maintenance schedule

Two representatives of the Department of Parks and Recreation’s Aquatics Division arrived at 8 pm and answered task force and attendee questions.

DPR reps stated that DC Wave practice moved back to accommodate the schedules of working parents and coaches who could not arrive for practice prior to 6 pm. Adult swim had to be reduced to accommodate this change.

DPR reps clarified how the agency prioritizes pool use. The number one priority is DPR programs, followed by DC Public Schools use and groups with permits. Free public swim time is important but not prioritized over these other uses. A number of attendees stated that they would be willing to pay for swimming privileges if that would help the agency justify more adult or free swim time.

DPR reps noted the concerns about the facilities and promised to conduct a full walkthrough with maintenance staff to address issues. They also stated that they would address issues related to the attitude and helpfulness of staff.

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DPR reps clarified that there is free swim from 5-6 pm and noted that they would reinforce this to pool staff and on schedules.

The task force and attendees thanked the DPR representatives for attending and answering questions.

The task force decided not to recommend that the commission send a letter to DPR outlining concerns at this time. The task force does expect that DPR will follow through on the commitments made at the meeting.

Task force members also discussed the possibility of raising issues/concerns with the pool during the annual DPR oversight hearing at the DC Council.

Vacant Buildings & Website

The task force briefly discussed ongoing work related to vacant buildings and the ANC 6B website. Goal is to have priority vacant buildings identified by the end of 2015.

Adjournment

Meeting adjourned at 8:40 pm.

2015 Future Meetings Nov. 12, 2015 Dec. 10, 2015

Treasurers Report 11/8/15

*National Capital Bank Balance (9/1/15) $ $15,713.22

*Total cleared Expenditures FY16 to date $ 0.00 / Outstanding: $187.11

FY 2016 Expenditure Listing

No cleared expenditures

Outstanding Check #4766 (9/8/15) $180.00 – Hill Center 2015 final payment

Outstanding Check #4767 (10/28/15) $7.11 – Copies reimbursement

11/10/15, 1:36 AMReport Print | Office of the DC Auditor

Page 1 of 2http://www.dcauditor.org/qra/report-print?yqa=2015-4-28

Approval Date By Commission:

Treasurer:

Secretary Certification:

Chairperson:

Date:

Balance Forward $10,786.14

Receipts

District Allotment $5,692.01

Interest $1.42

Other $43.64

Transfer From Savings $0.00

Total Receipts $5,737.07

Total Funds Available $16,523.21

Disbursements

Total Disbursements $1,519.57

Ending Balance $15,003.64

Quarterly Report - ANC 6B, 2015 Q4

I hereby certify that the above noted quarterly financial report has been approved by a majority of Commissioners during a public meeting in which there existed a quorum.

1. Net Salary & Wages $0.002a. Health Insurance $0.002b. Casualty/Property Insurance $0.003. Total Federal Wage Taxes Paid (Income and Soc. Sec.) $1,270.064. State and Local Income Taxes Paid (DC, MD, VA) $0.005. Unemployment Insurance Contributions $62.646. Tax Penalties Paid $0.007. Local Transportation $0.008. Office Rent $180.009a. Landline Telephone $0.009b. Cellular Telephone $0.009c. Cable/Internet Services $0.0010. Postage and Delivery $0.0011. Utilities $0.0012. Printing and Copying $6.8713. Flyer Distribution $0.0014. Purchase of Service $0.0015. Office Supplies $0.0016a. Rental $0.0016b. Purchase $0.0017. Grants $0.0018. Training $0.0019. Petty Cash Reimbursement $0.0020. Transfer(s) to Savings Account $0.0021. Bank Service Charges $0.0022. Website/Webhosting $0.0023. Other $0.00

USE AGREEMENT

THIS USE AGREEMENT is made and entered into as of this 15th day of October, 2015, by and between Hill Center (the "Foundation"), and ANC 6B (the "Occupant"). 1. Permit. The Foundation hereby grants permission to the Occupant to use the space depicted on EXHIBIT A, attached hereto and incorporated herein by reference (the "Premises"), which Premises is located in the building commonly known as 921 Pennsylvania Avenue, SE, Washington DC (the "Building"). The Building is located on the land legally described on EXHIBIT B, attached hereto and incorporated herein by reference (the "Land"). The Occupant's use of the Premises shall be limited to the days and times set forth in the basic use terms described on EXHIBIT C, attached hereto and incorporated herein by reference. The Occupant shall have no right to use the Premises during days and times other than those set forth on EXHIBIT C. The Foundation makes no representations or warranties, express or implied, regarding the condition of the Premises or the Building or their suitability for the Occupant's use. The Occupant uses the Premises on an "AS-IS" basis. 2. Term; Use. Unless otherwise terminated pursuant to the terms hereof, the term of this Agreement shall commence on 15 October 2015 and shall expire on 31 December 2015 (the "Term"). The Occupant shall use the Premises only for the purposes set forth on EXHIBIT C, and for no other use or purpose. The Occupant shall comply with rules and regulations promulgated by the Foundation from time to time with respect to use of the Building.

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3. Rent: Late Charges. A. Rent. The Occupant shall pay to the Foundation rent in the amounts set forth on EXHIBIT C (the "Rent"), payable during the times set forth on EXHIBIT C, without notice or demand and without any setoff or deduction whatsoever. B. Interest; Late Charges. If the Occupant fails to pay Rent when due, the unpaid amounts shall bear interest at the rate of one percent (1%) per month from the date due to the date of payment. In addition to such interest, the Occupant acknowledges that late payments by the Occupant will cause the Foundation to incur certain costs and expenses not contemplated under this Agreement, the exact amount of which is extremely difficult or impractical to fix. Therefore, if any Rent is not received by the Foundation when due, the Occupant shall immediately pay to the Foundation a late charge equal to five percent (5%) of the unpaid amount. 4. Services. During the Occupant's use of the Premises, the Foundation shall furnish the Premises with electricity for lighting, heat, and air conditioning. The Foundation shall not be liable for damage caused by interruption of utilities serving the Premises. 5. Maintenance by Occupant. When the Occupant is using the Premises, the Occupant will keep the Premises and the fixtures and equipment therein, in clean, safe, and sanitary condition, will take good care thereof, and will suffer no waste or injury thereto. The Occupant will protect any carpet or hardwood floor from damage. The Occupant shall promptly make all repairs to the Premises caused by negligent act or omission of the Occupant, its employees or invitees. 6. Moving. Any and all damage to the Premises or the Building caused by moving the property of the Occupant into or out of the Building or Premises shall be repaired at the sole cost of the Occupant. 7. Risk of Loss. All personal property on the Premises shall be at the risk of the Occupant. The Foundation shall not be liable for any loss or damage, either to person or property, sustained by the Occupant or others, caused by any defects now in the Premises or hereafter occurring therein, or due to the Building in which the Premises are situated, or any part or appurtenance thereof, becoming out of repair, or caused by wind, rain, fire or by the bursting or leaking of water, gas, sewer or steam pipes, or from the Building, or any other persons, or due to the happening of any accident from whatsoever cause in and about the Building. 8. Indemnity. The Occupant agrees to defend, indemnify, and hold the Foundation harmless from and against all claims, costs, liabilities, damages, and expenses for bodily injury (to whomsoever) or property damage (whatsoever, including without limitation property of the Foundation) which may arise as a result of the acts or omissions of the Occupant or the Occupant's invitees in the

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Premises or the Building. The Occupant's obligations under this Section survive for a period of two years following the expiration of the Term. 9. No Assignment. The Occupant shall have no right to assign this Agreement, sublease all or any portion of its interest in the Premises, or otherwise transfer or pledge an interest in this Agreement or the Premises.

10. Relocation of Premises. The Foundation shall have the right, upon reasonable advance notice to the Occupant, to relocate the Premises to a different location within the Building (the "Substitute Premises"), so long as the Substitute Premises are of approximately the same size.

11. Default; Waiver; Attorneys' Fees. If any Rent reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if the Occupant shall violate or fail to comply with any of the covenants and agreements of this Agreement, then the Occupant shall be in default hereunder and the Foundation may cancel this Agreement upon written notice, but notwithstanding such cancellation by the Foundation, the liability of the Occupant for the Rent shall not be extinguished for the balance of the Term, and the Occupant covenants and agrees to make good to the Foundation any deficiency arising from re-letting of the Premises at a lesser rental than herein agreed to. The Occupant shall pay such deficiency each month as the amount thereof is ascertained by the Foundation. If by reason of any default on the part of the Occupant it becomes necessary for the Foundation to employ an attorney and the Foundation shall prevail, then and in any of such events the Occupant shall pay the Foundation a reasonable attorney's fee and all costs and expenses expended or incurred by the Foundation in connection with such default or action. The failure of the Foundation to insist upon strict performance of any of the covenants and agreements in this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such or any other covenants or agreements, but the same shall be and remain in full force and effect. 12. Notices. Any notices required in accordance with any of the provisions herein may be hand delivered or sent by registered or certified mail, return receipt requested and postage prepaid, addressed to the Foundation as follows: Old Naval Hospital Foundation 921 Pennsylvania Avenue, SE Washington, D.C. 20003 Notices addressed to Tenant shall be sent to: Name: Address: Phone: Email:

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13. No Rent of Personal Property. Except as may be otherwise agreed between the Foundation and the Occupant pursuant to a separate Addendum, this Agreement does not include, and the Foundation is not making available to the Occupant for use at the Premises, any personal property (including, without limitation, any office furniture). 14. Parking. The Occupant acknowledges and agrees that parking is not available for the Occupant at the Building or the Land. 15. Insurance. The Occupant shall carry such insurance (and shall add the Foundation as an additional insured) as shall be reasonably required from time to time by the Foundation. Without limiting the generality of the foregoing, the Occupant is required to acquire public liability insurance on demised premises and to deliver a certificate of such insurance to the Foundation before commencement of occupancy. 16. Miscellaneous. (a) The Foundation and the Occupant warrant that (i) they have full power and authority to enter into this Agreement, and (ii) their execution and performance of this Agreement will not violate or conflict with the rights of any third party under any agreement or lease to which they are parties. (b) Each person signing this Agreement on behalf of the Foundation and the Occupant hereby warrants that he or she is duly authorized to execute this Agreement on behalf of such party. (c) The terms and conditions of this Agreement are subject to, and the Occupant shall at all times comply with, any and all laws, rules, regulations, and ordinances applicable to the Premises and the Occupant's use thereof. (d) This Agreement constitutes the entire understanding between the parties hereto and supersedes all prior or contemporaneous understandings and representations. (e) Use and occupancy under this Agreement is subject to the terms and conditions applicable to the Old Naval Hospital Foundation under its long-term ground lease from the District of Columbia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date first above written:

Date: ________________________

By:

Name:

Its:

Date: _____________________________

By:

Name:

Its:

5

EXHIBIT A

DEPICTION OF PREMISES

6

EXHIBIT B

LEGAL DESCRIPTION

LOT 802, SQUARE 948 improved by two buildings located at 921 Pennsylvania

Avenue, SE. It is a triangular shaped site containing a total combined land area of

30,711 square feet.

EXHIBIT C

BASIC TERMS

PERIOD OF AGREEMENT: October 15, 2015 through December 31, 2016

Room and Guest Count:

John Phillip Sousa Hall/Benjamin Drummond Hall (upon availability) *

ANC Full Meeting (Permit # 1345)

Up to 60 participants

7:00pm-10:00pm on the SECOND TUESDAY of each month, with the exception of August

Frager’s Conference Room *

ANC-Transportation Committee (Permit # 2161)

WEDNESDAY of the first full week of each month

Frager’s Conference Room *

ANC-ABC Committee (Permit # 544)

THURSDAY of the first full week of each month

* Hill Center reserves the right to move occupants to other meeting rooms.

Charges:

For Sousa or Drummond Hall, ANC will be charged $60/meeting for 11 meetings (3

hours/meeting), for a total of $660 per year, due on the date of the ANC Full Meeting in January.

Use of the Frager’s Conference Room is free of charge.

Any reservations made other than those listed above by any Commissioner will be subject

to the Programming Rental Rates, available upon request. These requests shall come

through the Chair of the Commission. (Permit #2532)

1. Check should be made payable to “Old Naval Hospital - Master Tenant”

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Hill Center Rental Guidelines

Occupant will respect the physical and logistical limitations based on the historic character of the building and grounds. Use of the facility shall respect all local laws. A site visit may be required of your organization as required by Hill Center Staff prior to rental. A $500 damage deposit is required of all contracting parties. The damage deposit will be refunded no later than 30 calendar days after the end of this agreement if no damage has occurred and no other charges are outstanding. Hill Center requires, without exception, that the user and vendor obtain a certificate of insurance from their insurance carrier stating that they have in force bodily injury and property damage liability protection. No parking is available in the courtyard. Trucks and cars are not allowed to back up to the door leading into the reception area of the building. Car and truck engines must be turned off. Visitor safety and venue appearance must be maintained during set-up and breakdown. Valet Parking: All events or rentals that expect more than 30 cars must contract with our approved valet parking vendor Occupants will encourage their guests to use public transportation and taxis. Hill Center is a Non-Smoking Campus. Equipment Extensive in-house audiovisual equipment and tech support are available for an additional fee. Food and Beverage No Occupant may use the kitchens for preparation of their own food; however, prepared food may be brought in (pizza, ice cream, sandwiches etc.) at the discretion of the Operations Manager or Executive Director. Noise Levels, Music, and Entertainment Hill Center staff will monitor sound levels and enforce DC laws. Occupants and vendors will be under contract to ensure that noise levels do not disrupt the neighborhood. Deliveries and Pickups No parking is available in the courtyard. Trucks and cars are not allowed to back up to the door leading into the reception area of the building. Car and truck engines must be turned off.

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Hine Community Advisory Committee (CAC) Meeting #24 10/3015

In the absence of CAC Co-Chair and Developers Representative Matt Harris who has left Eastbanc, Ken

Golding will be communicating on behalf of the developers with assistance from Melissa Mathews of

Clark Construction and Alex Golding of Stanton Development.

The four week schedule has the excavation complete by the end of November. Clark Construction is

completing the tie backs. The 8th Street ramp should be removed within a few weeks. Saturday work

hours will continue with adequate notice and CAC members stressed that there should be no truck

traffic entering or exiting the site on those days and pedestrian safety should be first and foremost due

to the weekend operation of the Flea Market.

Once crane foundations are installed there will be 3 cranes with the last one being erected by

December. The first crane should be erected before Thanksgiving. Two of the cranes will be on site

through the spring but the large one on the south end will be in place through August 2016. Cranes will

be delivered on flatbed trucks. The CAC has asked for adequate notice of delivery as traffic will be

disrupted during delivery.

Crane swing agreements have not been finalized as yet. SEB has sent a more comprehensive version of

the agreement to residents whose airspace will be affected. Signers to the agreement will be covered

under SEB’s insurance.

Temporary power will be required throughout the excavation phase and for site lighting thereafter. The

temporary utility junctions have been installed near 8th & C Street and will go live pending PEPCO’s

schedule. Additional power will be required, especially for the cranes, and another utility junction will

be installed on the 7th Street side. The CAC has been assured that the generator near Pennsylvania

Avenue (in violation of the CMA) will be turned off as soon as PEPCO provides power at the 8th & C

junction. Note that the temporary power installations each provide 50% of the power needed at the

site. Temporary power will be used for construction activities through the excavation phase and semi-

permanent Construction site lighting will commence after the excavation phase.

Miller & Long are the concrete contractors for the North Building and will be delivering concrete via

truck. Clark Construction will have its own concrete facility on site for the south site, reducing the

number of trucks.

Building the structure to grade is still on track for March 2016 with the structure above grade completed

by June 2016. Façade installation will run from May to December 2016 with Unit Deliveries and

Retail/Office Openings in the second quarter of 2017.

SEB will continue to post vibrations monitoring reports from ECS and Schnabel on the project website.

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At this time there is no anticipation of Utility disruption in the near future however WASA is required to

give 48 hour notice should interruption be expected. Tie in for water and sewer is at WASA’s discretion.

The C Street utility work is close to completion.

Vector control measures are ongoing for rodent control.

The Clark Dust Control plan is posted on the project website. SEB/Clark may offer to wash windows

once the excavation is done. Site cleanliness is being monitored by the CAC which provides feedback to

SEB/Clark. Complaints about dust control have declined but CAC members requested that Clark increase

its effort to keep the corner ramps clean.

Construction workers parking their private vehicles in the neighborhood, a violation of the CMA, has

abated somewhat but it is a continuing problem. The work force will grow during the next phase and

the CAC has asked that the developer address worker parking.

Discussions continue about the erection of a wooden fence along 7th Street, which would assist with

noise and dust on that side of the project. No information was provided on whether an agreement has

been made with the flea market operators (who had earlier objected to a wooden fence). Fence

construction is also impacted by the need to erect a shed on that side for temporary power and because

the fence will need to accommodate trucks using the future loading dock entrance along 7th Street.

As of the October 30 meeting, Clark had yet to identify an appropriate staging area for the dump trucks

(as required in the CMA), which would alleviate (but not eliminate) the problem of trucks idling in the

neighborhood.

At the end of the meeting, the EMMCA representative asked Melissa Matthews of EastBanc whether

they had a response to a letter sent by ANC6b to Anthony Lanier of EastBanc. Matthews indicated that

EastBanc had received the letter and was preparing the response. The EMMCA representative, however,

did not respond to a question about the FOIA request to ANC6b.

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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 P&Z: Tuesday, January 5 TC: Wednesday, January 6 ABC: 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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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 27