Minutes – Advisory Neighborhood Commission 4A

December 5, 2017 Regular Public Meeting

The meeting was held in the community meeting room, MPD 4th District Headquarters, 6001 Georgia Avenue N.W. Commissioner Stephen Whatley, Chair (and ANC 4A03) called the meeting to order at 7:00 PM. Also present were Commissioners 4a01 Phyllis Green, 4A02 Stacey Lincoln, 4A04 Patience Singleton, 4A05 Deborah Pope, 4A06 Karrye Braxton, 4A07 Marlene Moss and 4A08 Gale Black. A quorum was present for all votes.

1) Approval of the Agenda

Commissioner Braxton moved to approve the agenda. Commissioner Black seconded the motion. The motion was approved, 8 yes, 0 no.

2) Resolution: Establishing Special Committee on Education

Commissioner Lincoln moved that the Commission adopt a resolution establishing a special committee on education. Commissioner Green seconded the motion. Following extensive discussion, Commissioner Braxton moved the previous question. Commissioner Lincoln seconded the motion. The motion was adopted, 8 yes, 0 no. The main motion was approved, 5 yes, 2 no, 1 abstain.

The adopted resolution:

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

o The Commission does not currently have a committee to study and make recommendations to the Commission on issues and concerns affecting education in the District of Columbia.

o There are three public schools and eighteen charter schools within the boundaries of the Commission.

o Education and educational institutions, both public and charter schools, are of vital importance to the welfare of the community. The Commission’s constituents have many concerns regarding the education of their children, which should be heard and carefully studied. The Commission needs an organized forum for obtaining community input and recommendations on education concerns and issues.

RESOLVED:

Ø That the Commission hereby establishes a Special Committee on Education.

Ø That the Special Committee on Education (the Committee) shall review issues and concerns related to all levels of education (including charter schools) in the District of Columbia, and especially within the boundaries of the Commission, and shall make recommendations to the full Commission on such issues and concerns.

Ø The Chairperson shall assure that appropriate matters are referred to the full Commission for review and referral to the Committee.

Ø All recommendations of the Committee shall be strictly advisory in nature. The full Commission shall consider such recommendations in a properly noticed public meeting and may approve, amend or reject such recommendations by majority vote.

FURTHER RESOLVED:

Ø Membership of the Committee shall be open to and limited to all residents of ANC 4A. At least one member of the Committee shall be a currently-serving Commissioner.

Ø Membership of the Committee shall be limited to a maximum of nine, including a Chairperson.

Ø Committee members shall serve for a period of one year dated from the date of their appointment and may volunteer to renew their membership for additional one-year terms without limit.

Ø The Commission shall advertise and recruit members for the Committee from the day following approval of this resolution for a period of sixty days or until the maximum number of members has been recruited, whichever comes first. The Commission shall appoint members to the Committee and appoint a Chairperson for the Committee at the first public meeting following the end of the recruitment period. Appointments shall be approved by majority vote of Commissioners present and voting.

Ø Any Committee member who misses three consecutive committee meetings without being excused by the Committee chairperson shall be dismissed from the committee and a replacement shall be recruited from the community. The advertising period for such recruitment shall be at least 30 days.

Ø The quorum required to conduct business shall be five members.

Ø All votes must be cast by Committee members in person. No proxy voting shall be permitted.

Ø Draft resolutions from the Committee shall be presented to the Commission for consideration not less than 14 working days prior to the next public meeting.

Ø The Committee shall develop and approve its own rules of procedure.

3) Resolution: Establishing Standing Committee on Transportation

Commissioner Lincoln moved that the Commission adopt a resolution establishing the Standing Committee on Transportation. Commissioner Braxton seconded the motion. The motion was adopted 5 yes, 2 no, 1 abstain.

The adopted resolution:

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

o Article IX, Section 2 of the Commission’s by-laws provide for a Standing Committee on Transportation and Infrastructure (the Committee).

o The by-laws provide no details regarding the structure and mission of the Committee.

o As development proceeds in the Georgia Avenue corridor and in other parts of the area represented by the Commission, transportation and infrastructure issues will have an increasing impact on residents.

RESOLVED:

Ø That the Commission hereby defines the role and structure of the Standing Committee on Transportation and Infrastructure.

Ø That the Committee shall review issues and concerns related to all aspects of transportation and infrastructure, including traffic management, impact of development projects on traffic and pedestrians, design and placement of bike trails, issues related to the electrical system, water and sewer management and street lighting, and shall make recommendations to the full Commission on such issues and concerns.

Ø All recommendations of the Committee shall be strictly advisory in nature. The full Commission shall consider such recommendations in a properly noticed public meeting and may approve, amend or reject such recommendations by majority vote.

FURTHER RESOLVED:

Ø Membership of the Committee shall be open to and limited to all residents of ANC 4A. At least one member of the Committee shall be a currently-serving Commissioner.

Ø Membership of the Committee shall be limited to a maximum of nine, including a Chairperson.



Ø Committee members shall serve for a period of one year dated from the date of their appointment and may volunteer to renew their membership for additional one-year terms without limit.



Ø The Commission shall advertise and recruit members for the Committee from the day following approval of this resolution for a period of sixty days or until the maximum number of members has been recruited, whichever comes first. The Commission shall appoint members to the Committee and appoint a Chairperson for the Committee at the first public meeting following the end of the recruitment period. Appointments shall be approved by majority vote of Commissioners present and voting.

Ø Any Committee member who misses three consecutive committee meetings without being excused by the Committee chairperson shall be dismissed from the committee and a replacement shall be recruited from the community. The advertising period for such recruitment shall be at least 30 days.



Ø The quorum required to conduct business shall be five members.



Ø All votes must be cast by Committee members in person. No proxy voting shall be permitted.



Ø Draft resolutions from the Committee shall be presented to the Commission for consideration not less than 14 working days prior to the next public meeting.



Ø The Committee shall draft and approve its own rules of procedure.



4) Approval of Settlement Agreement-Lena Market



Commissioner Singleton presented a proposed settlement agreement between Lena Market and the Commission settling conditions for its Class B liquor license. Commissioner Whatley moved that the agreement be approved. Commissioner Braxton seconded the motion. The motion was adopted, 8 yes, 0 no.



The approved agreement:



SETTLEMENT AGREEMENT



This Settlement Agreement (“Agreement”) is made on this _____ day of December 2017 by and between Hope Market, Inc. (dba Lena Market), hereinafter "Lena Market" (“Applicant”) , and Advisory Neighborhood Commission 4A, (Collectively, the “Parties”).



WHEREAS, the Applicant's application for renewal of its ABRA License (ABRA-082376) for premises, 1206 Underwood Street NW, Washington, DC 20012, is now pending before the District of Columbia Alcoholic Beverage Control Board (ABC); and,



Whereas, ANC4A is an affected ANC and the Applicant is located in SMD4A04;



WHEREAS, the Parties desire to enter into an agreement governing certain understandings regarding the issue of a Retailer’s Class B License; and



Whereas, the Parties are desirous of entering into Settlement Agreement pursuant to D.C. Official Code Section 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 follow:



Recitals Incorporated. The recitals set forth above are incorporated herein by reference.


Applicant shall take all reasonable measures to discourage loitering on its immediate environs. Included in the measures shall be clearly visible "No Loitering" signs (lettering no less than 5 inches) posted on the interior and rear of its establishment.


Applicant shall take all reasonable measures to insure that the immediate environs of its establishment are kept free of litter and debris. Applicant shall clean its immediate environs by 10:30 a.m. daily, periodically as needed during the hours of operation, and within one (1) hour before closing.


Applicant shall maintain the property in reasonable condition that does not detract from the adjacent residential community and promptly remove or paint over any graffiti on its immediate premises.


Applicant shall encourage its customers to obey parking laws and regulations and post signs in establishment directing patrons to avoid parking in front of neighboring homes.


Applicant shall reasonably cooperate with the Protestants in efforts to alleviate alcohol abuse problems and loitering. Applicant shall reasonably cooperate with Protestants to improve the overall environment around its establishment to make it a more attractive, pleasant, and a safe area for residents, customers and businesses.


Applicant agrees to provide notice by certified mail-return receipt requested, or hand deliver any proposed transfer of its Class B License or change in its operation/management to ANC 4A before any transfer or change is implemented.


Applicant agrees that no alcoholic beverages will be sold prior to 9:00 am or later than 10:00 pm.


Applicant agrees to respond in writing within twelve (12) business days by certified mail, return receipt requested, or hand delivered should there be any written communication from the ANC related to the terms of this Agreement. The initial response may seek additional time to provide a full and complete response.


Applicant promises that it shall abide by all Alcoholic Beverage (ABRA) regulations regarding the ownership of the license and all other provisions applicable to liquor licensees.


Representatives executing this Agreement on behalf of the respective parties do hereby affirm that they have the authority to do so.


In witness whereof, the Parties have executed this Settlement Agreement as of the day and date first written above.





LENA MARKET



BY: ____________________________________



____________________________________





ADVISORY NEIGHBORHOOD COMMISSION 4A

BY: ____________________________________

Stephen A. Whatley

Chairman



5) Resolution: Clean Water Fees Legislation





Commissioner Black presented a resolution making comments and recommendations regarding the Clean Water fees being imposed by D.C. Water. Commissioner Green moved that the resolution be approved. Commissioner Lincoln seconded the motion. The motion was adopted, 7 yes, 0 no, 1 abstain.



The adopted resolution:



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



· The Commission has many single-family, residential (non-commercial) blocks; and places of worship negatively impacted by the rain water tax. District residents are paying more in fees than the actual water/sewer usage.



· The Commissioner for single-member district 4A08 has been made aware of the negative impact that the Impervious Area Charge (IAC) has caused the faith community. Churches and cemeteries in particular are being hit hard with the IAC fee increases.



· Advisory Neighborhood Commission 4D hosted a Water Forum on Tuesday, October 24, 2017. They shared the information and concerns with ANC commissioner Gale Black, SMD 4A08. The plight of these fees were also the subject of a Washington Post Local Opinion commentary, dated November 5, 2017,C4. The commentary noted that the fees for the church went from $3,500 per year to $200,000 per year.



· These fees pose a serious threat to the financial wellbeing of these institutions as well as residents and those who are being asked to foot the bill for the rain tax.



· The DC Cemetery Private Road and Parking Lot Exemption of Clean Water Fees amendment Act of 2017 was introduced on November 7, 2017 by three members of the DC Council (Todd, Gray and Evans). As introduced, the bill exempts cemeteries from a charge assessed by the Water and Sewer Authority, the Clean Rivers Impervious Area Charge.



· Affected places of worship, non-profits and property owners and residents are being assessed without regard to actual usage; and DC does not assess itself for the runoff from public roads and has delayed fixing the storm water remediation recommended under the Long Term Control Plan for DC for the Rock Creek/ Piney Branch Creek overflows; and



· These assessments are inconsistent with fairness and due process;



· The Commission has considered this matter at a duly noticed public ANC 4A meeting on December 5, 2017, with a quorum present;



· These fees, if not changed, could bankrupt non-profits and our faith community if relief is not provided soon.



RESOLVED:



That Advisory Neighborhood Commission 4A supports the pending legislation, “B 22-0575 DC Cemetery Private Road and Parking Lot Exemption of Clean Water Fees Amendment Act of 2017,” and asks for the Council’s consideration of this resolution in its future deliberations on the bill. The Commission will also support any other proposed legislation which accomplishes the same purpose.



FURTHER RESOLVED:



That Commissioner Gale Black, Single-Member District 4A08, is hereby authorized to serve as the Commission’s representative.



FURTHER RESOLVED:



That, in the event the designated representative Commissioner cannot carry out their representative duties for any reason, the Commission authorizes the Chairperson to designate another Commissioner to represent the Commission in all matter relating to this resolution.



FURTHER RESOLVED:



Consistent with DC Code §1-309, only actions of the full Commission voting in a properly noticed public meeting have standing and carry great weight. The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full Commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the Commission.



6) Resolution: Walter Reed Master Developer MBE; Resolution: Walter Reed – Diversity of Hiring



Following discussion of two resolutions presented by Commissioners Braxton and Whatley, the Commission agreed by unanimous consent to consider a consolidated resolution at its January 2018 meeting.



Presentations and Reports



1) Commissioner Green moved that the minutes of the November 7, 2017 meeting be approved. Commissioner Braxton seconded the motion. The motion was approved 8 yes, 0 no.



2) Commissioner Lincoln presented the FY 2017 3rd Quarter Report and moved that it be approved. Commissioner Green seconded the motion. The motion was approved 8 yes, 0 no.



3) Commissioner Lincoln reported briefly on the purchase of a new Konica-Minolta multifunction printer/scanner/copier and noted that the Commission has acquired the machine for $5,500, reduced from $6,125.



4) A representative of the Metropolitan Police Department 4th District reported on current crime, the presence of MS 13 in ANC 4A, and other safety issues within ANC 4A.



5) Mr. Phillip McCauley, Mayor Bowser’s office, reported on legislative and other issues of concern to the Mayor.



6) Ms. Sheryl Newman, Councilmember Todd’s office reported on issues of current concern to the Councilmember.



7) Mr. Paul Hoffman, District Department of Transportation, presented information on the reconstruction of the 16th Street Bridge.



8) Mr. Mansoor Aboumi presented information on the financing of the renovation of Takoma Place.



Commissioner Green moved that the meeting be adjourned. Commission Singleton seconded the motion. The motion was adopted, 8 yes, 0 no.



The meeting was adjourned at 9:02 PM.