ADVISORY
NEIGHBORHOOD COMMISSION 1B
Government
of the
Minutes
Thursday, December 3, 2009,
7:00 PM,
The regular monthly meeting
of Advisory Neighborhood Commission 1B occurred on Thursday, December 3, 2009,
at 7:00 pm in the
Chairperson Nadeau observed
the presence of a quorum and called the meeting to order at 7:07 PM.
Chairperson Nadeau then made
the following announcement:
We
ask that you silence your cell phones.
By “silence” I mean either put them on “silence” or turn them off if you
are able. The vibration and rings
interfere with our recording and we sometimes lose valuable information.
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This meeting is
audio-recorded for the public record and the draft minutes of the meeting,
which will be published on our website within one week.
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We welcome and
encourage public comment at appropriate points in the meeting. Normally, we will ask for public comment on
issues before the Commission before any motion is offered for official
action. Once a motion has been made and
seconded, comment and discussion is confined to Commissioners.
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We ask that all
those making presentations, asking questions, or making comments speak loudly
and clearly for the benefit of our recording device. You can come forward and sit at the witness
table and make sure that your comments are picked up. Please state your name, residence address,
and what organization you represent. If
you are representing yourself as a resident, rather than an organization,
please say so.
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For the accuracy
of our public records, we ask that all those making presentations, asking
questions, or making comments complete the very brief speaker information form
located on the sign in table at the back of the room. Please give the completed form to our Staff
Director, Jim Irwin, either before or after you speak to the Commission. The purpose of this form is to assure correct
spelling of your name in the minutes, accurate address and accurate statement
of representation.
Thank you for your
attendance, participation and cooperation.
Chairperson Nadeau asked
Commissioners to introduce themselves.
Commissioner E. Gail
Anderson Holness announced that she was absent from the Commission’s November
meeting due to an illness that confined her to the hospital intensive care
unit. She said that all is now well, and she was happy to be present at this
meeting. She said she would have to
excuse herself due to another meeting that she had to attend at
Commission Announcements
Chairperson Nadeau asked for
any announcements from Commissioners.
Commissioner Muhammad
announced that the South Columbia Heights Neighborhood Association, of which he
is the president, would be meeting on Wednesday, December 16th, at
the
Commissioner E. Gail
Anderson Holness announced that ANC 1B11 would be having its monthly meeting on
Monday, December 14th in the LeDroit Kelly Miller Senior Building at
the corner of 4th and V Streets.
On Saturday December 19th, the ANC 1B11 monthly empowerment
program will be held at the same location.
This month, there will be a holiday Christmas celebration for the
community. ANC 1B11 participated with
Councilmember Jim Graham in distributing Thanksgiving turkeys to residents and
will be doing the same at the Christmas party.
The empowerment program is held on the third Saturday of every month
from 11:00 AM to 1:00 PM. The program
includes story telling for children and senior technology literacy training,
assisted by
Community Announcements
Ms. Ayo Kendi, founder of
the African American Holiday Association, a non-profit organization located in
ANC 1B, announced that the Association provides training for young people,
especially during the holiday season, while providing an opportunity to earn
money. This year the training session
will be on Saturday, December 5th, from 10 AM to 1 PM. Ms. Kendi asked businesses or individuals who
have projects, odd jobs, or other work to consider hiring one of the
Association’s trainees and to contact her.
Chairperson Nadeau asked if
there were any other community announcements.
There was none.
Commissioner Anderson
Holness announced that she works at the University of the
Chairperson Nadeau noted
that Commissioner Akinmboni had joined the meeting and asked her to introduce
herself.
Treasurer’s Report
Commissioner Lopez reported
that the current bank balance is $96,205.19.
The DC auditor released the Commission’s FY 2009 allotment of $30,173.00.
In November, two checks were
issued to James Irwin for office supplies and staff wages. Staff wages were approved as part of the FY
2010 budget, which was adopted on October 1st.
Three checks were cashed in
November: two for James Irwin and the
CSNA check for ANC 1B’s registration for the U Street Festival, which had been
written in July.
Commissioner Lopez moved
that ANC 1B approve reimbursement to James Irwin for postage and copying
expenses in the amount of $51.31.
Commissioner Anderson
Holness seconded the motion.
The motion was adopted
unanimously, 7-0.
Commissioner Lopez said that
the 2009 Fourth Quarter Report needed to be approved and was available to
Commissioners in their meeting folders. Total
disbursements for the quarter were $10,652.76.
He noted that checks were written out of sequence. Check number 1730 was never written and was
voided. An explanation will be provided
to the D.C. Auditor.
Commissioner Lopez moved
that ANC 1B’s FY2009 Fourth Quarter Report be approved.
Commissioner Anderson
Holness seconded the motion.
The motion was adopted
unanimously, 7-0.
Commissioner Lopez moved
that the Treasurer’s Report for December be approved.
Commissioner Anderson
Holness seconded the motion.
The motion was adopted
unanimously, 7-0.
Secretary’s Report – Minutes of November meeting
Commissioner Anderson
Holness moved that the minutes of the November 5, 2009 meeting of ANC 1B be
approved as submitted.
Commissioner Ferrer seconded
the motion.
The motion was adopted
unanimously, 8-0.
Chairperson Nadeau noted the
arrival of Commissioners Moss and Conklin and asked them to introduce
themselves.
Public Safety Committee
Chairperson Nadeau noted
that representatives of the D.C. Fire Department were present to make a special
presentation on holiday fire safety. She asked that they be allowed to make
their presentation before the Committee report so that they could return to
their duties as quickly as possible.
Chief Saunders of the D.C.
Fire Department introduced Sergeant Hicks and EMS Captain Baker. He said he wanted to discuss holiday safety
and share some statistics that illustrated the problem.
Between 2003 and 2007, the
DC Fire Department (DCFD) responded to an average of 250 fires per year that
began because of Christmas trees. An
average of 14 civilian deaths was caused by these fires, an average 26 civilian
injuries, and $13.8 million in property damage per year.
Christmas tree fires, when
they occur, are unusually serious. One
of every 18 Christmas tree fires results in death, as compared with one in
every 134 ordinary house fires. The
reason is that people become complacent with their Christmas trees, leaving the
lights on when they go to bed or when they leave the house. Tree lights must be turned off before going
to bed or whenever leaving the house, no matter how short the absence.
Nearly two-thirds of
Christmas tree structure fires occur in December and 22 percent in
January. More than one-third of these
fires occur between Christmas Eve and January 2nd, the top day being
Christmas Day. The reason for this is
that people pay a lot of attention to their Christmas trees after they get them
up to Christmas Day. They pay less
attention to the tree after Christmas is over; it dries out and catches
fire. For the period 1999-2003, between
December 1 and December 14 there was an average of 1.2 tree fires per day. From December 15 to January 1, there was an
average of 7.7 tree fires per day.
Electrical malfunctions were involved in 45% of the large tree-caused
structure fires. Twenty-six percent
occurred because some kind of heat source, such as a space heater, was too
close to the tree. Heating sources
should be no closer than three feet from the Christmas tree. Decorative lights were involved in 23% of the
tree-caused fires. Fourteen percent of
tree-caused fires were caused by candles.
Chief Saunders said that there were actually people who put lighted
candles on their Christmas trees as decoration.
percent of these fires began
with Christmas trees.
A study of fall-related
injuries estimated 5,800 such injuries between November 1st and
January 31st. These are
basically people trying to put up Christmas lights, falling off ladders or
falling off roofs. Sixty-two percent of
these people were between the ages of 20 and 49. Forty-three percent of falls were from
ladders, 13 percent from roofs, and 11 percent were falls from furniture.
Chief Saunders offered some
holiday season safety tips:
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If purchasing an
artificial Christmas tree, make sure it is labeled, certified or identified by
the manufacturer as fire-resistant or retardant.
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If purchasing a
real tree, make sure it is fresh and the needles do not fall off when touched.
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Cut one to two
inches off the bottom of the tree before placing it in the tree stand.
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Make sure the
tree is at least three feet away from any heat source.
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Make sure the
tree is not blocking an exit.
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Make sure the
tree is given fresh water daily.
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Use only lights
that have the label of an independent testing laboratory and check to make sure
that the lights are labeled for indoor or outdoor use. Some types of holiday lights are useable for
only one or the other.
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Do not connect
more than three strings of mini-light strands and replace broken lights.
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Always turn off
the Christmas tree lights when leaving the house.
In conclusion, Chief
Saunders said that the fire department offers a free home fire safety
inspection program. Department personnel
will come to a home on request to review safety. They do not issue citations. They only point out possible hazards, make
suggestions for removing hazards and provide reminders for good safety
practices. Any resident in the district
can contact the fire department to request an inspection.
Chairperson Nadeau thanked
Chief Saunders for taking the time to provide his informative presentation.
Chairperson Nadeau called on
the Co-Chairs of the Public Safety Committee.
Commissioner Moss reported
that the Public Safety Committee meeting occurred on Tuesday, December 1 and
was combined this month with a special meeting of the
Commissioner Muhammad said
he had no report.
Presentations
D.C. Public Schools Early Stages
Chairperson Nadeau noted
that representatives of D.C. Public Schools were not present so there would be
no presentation on the Early Stages program.
D.C. Water and Sewer Authority-water quality and
household plumbing
Chairperson Nadeau called on
Alicia Batson, acting Director of Public Affairs for the D.C. Water and Sewer
Authority (WASA). Ms. Batson said the
purpose of their presentation was to review a consultant study that showed a
correlation between galvanized plumbing and lead pipes. She introduced Sarah Meader of the WASA Water
Quality Division to review the study and provide water quality tips.
Ms. Meader said the staff of
the Water Quality Division is testing drinking water and the distribution
system every day to assure quality and safety.
DC WASA is complying with all EPA regulatory standards. They provide two voluntary programs for the
public. One is for testing water
fountains and faucets in daycare centers and schools.
The second is a customer
complaint program. If there is an issue
with water quality in the home, the resident can call a customer service phone
number, 202-612-3440.
The staff will work with the
caller to resolve the issue over the phone.
If that is not possible, water quality staff will visit the home to
conduct testing and determine the solution to the problem. This service is provided at no charge.
Ms. Meader said the aging
water system infrastructure in
Chairperson Nadeau invited
questions from the Commission and the audience.
There was none. She thanked Ms.
Meader and Ms. Batson for taking the time to give a very helpful presentation.
Design Review Applications and Design Committee
Report
Chairperson Nadeau noted the
absence of Commissioner Thomas Smith, the Design Committee Chair and said there
would be no report.
HPA #
Commissioner Raia introduced
Mr. Dario Davies, FormDesign LLC, the architect for
Chairperson Nadeau asked for
questions from the Commission.
Commissioner Raia commented
that the owners and architect have met with the community and the Cardozo-Shaw
(
Chairperson Nadeau asked
where the structure on the roof would be located.
Mr. Davies said there would
be a roof deck with a trellis, two stair towers for access, and a roof deck
over the bar.
Commissioner Moss asked if
this project would go before the Board of Zoning Adjustment (BZA).
Mr. Davies said they would
be applying to the BZA.
Chairperson Nadeau commented
that they would be coming back to the Commission for support before the
BZA. Mr. Davies agreed.
Commissioner Muhammad
thanked the owners of the Brixton and Mr. Davies, along with other businesses
in the community, for revitalizing the area around 9th and U
Streets. He said that corner in
particular had been such a blight and the proposal for the building would be
another shining star on
Chairperson Nadeau asked for
questions from the audience.
A member of the audience
asked what the timeline for the project would be.
Mr. Davies said they would
be submitting an application for a building permit sometime in January. Construction would take about four months
once the building permit had been received.
A member of the audience
asked what the second floor would be used for.
Mr. Davies said the second
floor would have a bar and dining, and the roof deck would have a small
bar. The first floor would be a
restaurant.
Commissioner Nadeau asked
who the neighbors were on each side of the building.
Mr. Davies said the
neighbors were businesses, one of which was a wine bar. The entire block is zoned commercial.
Commissioner Raia moved that
ANC 1B send a letter of support to HPRB for the
architectural design and conceptual drawings for
Commissioner Muhammad
seconded the motion.
The motion was adopted
unanimously, 8-0.
Liquor Licenses and ABC
Committee Report
Chairperson
Nadeau asked if there was an ABC Committee Report. Commissioner Raia said there was none.
Music
& Arts Club Application for a Retail Class C Nightclub License
Commissioner Raia introduced Mr. Michael Fonseca,
attorney for the applicant.
Mr. Fonseca introduced the owners of the Music and
Arts Club: Mr. Aman Ayoubi, Eric
Groning, Robert “Kalani” Tifford, and Brian Liu.
Mr. Fonseca said that the Music and Arts Club would
be located in the basement of
Commissioner Raia said that the applicants had
submitted a security plan to him and are currently working with him on a
voluntary agreement, and are amenable to having a voluntary agreement. They have reached out to the community.
Chairperson Nadeau asked if Commissioner Raia had
either of the documents he had mentioned available to provide to the
Commission. He said he did not and
observed that he needed a vote of the Commission to negotiate the voluntary
agreement.
Chairperson Nadeau said it would be helpful to be
able to see the security plan.
Commissioner Conklin asked if the applicants had met
with the Cardozo-Shaw Neighborhood Association yet. Mr. Fonseca said they had not.
Commissioner Thomas asked if there was more than one
business in the building and was this applicant separate from other businesses?
She also asked if there were two or
three levels in the building.
Commissioner Raia said the building had four levels,
but the applicant is only renting the basement.
Commissioner Thomas asked if there was going to be a
cover charge for the live entertainment.
Mr. Fonseca said there would be a cover charge for some events.
Commissioner Thomas asked if that would cause lines
to form outside the entrance.
Mr. Fonseca said they were working on this issue and
would be willing to include it in the voluntary agreement. He said that with the estimated maximum
attendance of 250 people, they should be able to get people in the door and
stagger departure times to avoid sidewalk congestion.
Commissioner Raia said the situation would be similar
to lines outside Ben’s Chili Bowl or the 9:30 Club.
Commissioner Thomas said she was concerned about the
fact that there would be other businesses in the building and there was a bus
stop at that corner. She said she was
also concerned about the width of the sidewalk.
She said she would like to see the entire Commission have input into the
voluntary agreement with regard to these concerns because she felt it could
become a problem if not done properly.
She wanted to participate in developing the agreement and wanted her concern
on the record.
Commissioner Raia said that the entrance to the club
was on the other side of the building, not on the side with the bus stop.
Commissioner Thomas said she wanted to make it clear
for the record that whatever agreement was developed would address this.
Chairperson Nadeau observed that there were bus stops
on both sides of that corner.
Chairperson Nadeau asked for comments or questions
from the community.
There was none.
Mr. Fonseca [inaudible].
Chairperson Nadeau said she had questions about the
application. She observed that the
Commission had not worked on a new nightclub license in a while. Last year, they had dealt with Town and
Republic. Town has been very successful
because of the work that was done. She
said this issue is not just about a voluntary agreement. It is about the community understanding the
applicant’s business plan so that the Commission and the community can help the
applicant be successful in this space.
Chairperson Nadeau commented that Commissioner Moss had worked very
closely with Town to make sure there was a good voluntary agreement that meant
something, and that it was more than just a bunch of rules. She asked Commissioner Moss to comment.
Commissioner Moss said that was absolutely
correct. She said that Town’s owner had
a business in another ANC. They came to
ANC 1B quite prepared and had gone through the system with ABRA. They were really very proactive. She thought they would be an exemplary model
for other applicants.
Chairperson Nadeau said that, on the other hand, the
Commission had also worked with Republic last year. This club has since gone out of
business. It was located in the same
block, with high rent and an impossible business plan. There were factors against them that
prevented success. The Commission wants
to do better for any business coming into this location, because we want the
businesses to succeed. She said that she
thought it made sense to pay special attention to this license as the
Commission and the applicant work through the voluntary agreement and the
process. The applicant will benefit and
the community will benefit if this can be done.
She requested that, whatever motion Commissioner Raia might make, that
some experienced people be involved in working on the voluntary agreement. These should be people who have helped with
nightclubs, whether Commissioners or business owners. The goal is to really make sure that the
business can succeed and that problems are not being created for the neighbors.
Commissioner Raia said that he thought it was safe to
say that the MidCity Business Association would be working with the licensee to
help develop the voluntary agreement.
Chairperson Nadeau requested that any voluntary
agreement developed come back to the Commission in January for review, rather
than just being adopted by e-mail.
Commissioner Muhammad said that, since there had been
no comment or opposition from the community present at the meeting, but that
numerous people indicated they supported the license, he would like to hear
from a couple of constituents the reasons why they support the application for
the record.
Chairperson Nadeau asked for comments from supporters
of the applicant.
Mr. Brian Liu,
Chairperson Nadeau asked for other comments from
supporters.
Ms. Natalie Avery Executive Director, MidCity
Business Association, said that her organization was working with businesses
and residents to assure that they could have successful businesses without
negative impacts on neighbors. She said
she supported this applicant because, among other reasons, they are supporting
the arts and bringing in D.C.’s arts and music community.
Chairperson Nadeau asked if there were other
comments. There was none.
Chairperson Nadeau called the attention of the
Commission to a second license application hearing notice in Commissioners’
meeting folders. This second license
would be located at the same address.
The applicant is Café Society, applying for a Tavern license, described
as an upscale steak and burger lounge with a summer garden with 45 seats and a
sidewalk café.
Commissioner Raia commented that there would be no
sidewalk café.
Chairperson Nadeau commented that the Commission
would then be receiving a corrected notice.
Commissioner Raia said that was correct.
Chairperson Nadeau asked if the summer garden would
be on the roof of the building and the business would be occupying the first
and second floors.
Commissioner Raia said there are two floors and one
section of the building is taller than the other so the summer garden is
located on the lower section contained by a six-foot wall with a twelve-foot
section of the building next to it. The
summer garden will not be on the roof.
Chairperson Nadeau suggested that some photographs or
other illustrations would be helpful at the January meeting. Commissioner Raia said they would have some.
Chairperson Nadeau suggested that, since it had been
a long time since the Commission had dealt with two licenses in one space, it
would make sense to get both owners in the same room when discussing the terms
of the voluntary agreement, the business plans, and how the space will work for
the community.
Commissioner Raia said he had met with both owners.
Chairperson Nadeau asked if he had met with them
together.
Commissioner Raia said yes.
Chairperson Nadeau asked Commissioner Raia to
describe that conversation.
Commissioner Raia said that the license applicants
had to work with the owner of the building to address the dynamics of having
two businesses in the same building, to make sure they did not contradict each
other. The two concepts do not
conflict: one is a high-end steak
lounge, the other a music and arts club.
These concepts are part of the agreement with the owner.
Chairperson Nadeau asked if there was a binding legal
agreement.
Commissioner Raia said yes.
Mr. Fonseca said that it was part of the lease
agreement.
Commissioner Raia said the situation was similar to
the Ellington, which restricts what types of businesses can lease on the first
floor so that they do not contradict each other and are not set up for failure.
Chairperson Nadeau asked if there was a motion.
Commissioner Raia moved that ANC 1B protest the
application of Music and Arts Club for a Retail Class C Nightclub License on
the basis of peace, order and quiet, that the protest be withdrawn upon the
negotiation of a voluntary agreement between the applicant and the Commission,
that Commissioner Raia be authorized to negotiate the voluntary agreement, and
that the voluntary agreement be circulated to the Commission for review.
Commissioner Muhammad seconded the motion.
Chairperson Nadeau suggested a friendly amendment
that the people working on the voluntary agreement be named.
Commissioner Raia said that any Commissioner who
would like to be involved should contact him directly by e-mail if they do not
want to wait for his draft to come to them.
Commissioner Thomas asked if the ABC Committee would
be working on the draft of the voluntary agreement.
Commissioner Raia said the ABC Committee would not be
meeting until January. If the voluntary
agreement draft was postponed until then, it would impair the applicant’s
license, it would impair the owner of the building, because they have a limited
time to obtain a license, and they might lose the money invested. The intent of his motion is to work with
MidCity Business Association, with Town, develop a draft and send it to
Commissioners to review before the January meeting. If any Commissioner has anything to add or
subtract, they could do so and then the Chairperson could sign it.
Commissioner Thomas asked if Commissioners would be
able to sit down with Commissioner Raia to help draft the agreement.
Commissioner Raia said that if that were what a
Commissioner wished to do rather than wait for the draft, then he would sit
with Commissioners and set up a time to do that.
Commissioner Conklin asked if Commissioner Raia would
work with both applicants to make sure they presented before the Cardozo-Shaw [
Commissioner Raia said that was fine and that the
applicants had thought they would have been on the Association’s last meeting
agenda.
Chairperson Nadeau said that they would not be able
to present to the Association in December so they needed to arrange a private
meeting with people from CSNA.
Mr. Fonseca said that it was important to clarify
that there was an ABC contingency in the lease agreement that expires on
January 14th, so the issue of the voluntary agreement would have to
be settled before then.
Chairperson Nadeau said that the Commission’s next
meeting was scheduled for January 7th.
Commissioner Raia said that the issue affected not
just the applicant, but also the owner of the building, so it was important to
expedite the voluntary agreement.
Chairperson Nadeau said that was understood, but the
Commission’s priority was the community and if the Commission was not
satisfied, then that was it.
Commissioner Moss asked Ms. Avery for an update on
the hospitality program that the Commission had helped to fund two years ago.
Ms. Avery said that the Association is operating a
hospitality business orientation process.
When a new business opens up, this provides a process whereby the new
owner meets not only with an ANC commissioner and with residents, but also with
other business owners who have experience in the community and who can help
them figure out the issues they have to deal with. The goal is to assure that new owners are not
just signing an agreement not to do certain things, but also have the resources
and information to mitigate potential problems.
Commissioner Moss commented that this was a high
priority. ANC 1B was one of the first in
the city to implement this program and it was one of her priority
projects. This program should be an
initial point of contact for every new applicant that comes before the
Commission.
Chairperson Nadeau commented that she understood
Commissioner Thomas to be asking not for her and Commissioner Raia to sit down,
but that when the voluntary agreement was being drafted, all the people who are
interested are together.
Commissioner Thomas said that was exactly what she
meant.
Chairperson Nadeau said that this should be the case
with all voluntary agreements.
Commissioner Raia agreed.
Chairperson Nadeau said that in order to make the
deadline, everyone would have to stay in communication about that.
Chairperson Nadeau reiterated Commissioner Raia’s
motion, noted the motion had been seconded, and said she would retract her
friendly amendment. She called for a
vote on the motion.
The motion was adopted unanimously, 9-0.
Mr. Will Eastman,
Commissioner Thomas asked when the classes would be
scheduled.
Mr. Eastman said they would be held after school.
Commissioner Thomas asked if they would be free.
Mr. Eastman said yes.
Commissioner Akinmboni asked what age range would be
included in the classes.
Mr. Eastman said the classes would be for children
age 5 or 6 to 14 years. He said he had
worked with a summer camp at the Smithsonian and the age range there was from
eight to 12 years.
Commissioner Thomas asked why classes could not
include teenagers. She said there were
many community programs targeted to pre-teen children, but for thirteen year
olds and older teens, there are very few programs. She asked if Mr. Eastman’s program could be
opened up a bit.
Mr. Eastman said yes, absolutely.
Commissioner Moss asked how Mr. Eastman’s program
would be funded.
Mr. Eastman said through philanthropy and
fundraising. He said he and a DJ
partner had done four fundraisers for the project so far.
Commissioner Thomas asked
where the business was located on
Mr. Eastman said between 11th
and 12th Streets.
Commissioner Raia said that
this business would also be located in the basement of the building.
Chairperson Nadeau asked if
this was the former location of Q Bar.
Mr. Eastman said yes.
Chairperson Nadeau said that
the plan for classes sounded great, but that was not what was happening in the
evening until 3 or 4 AM. She asked Mr.
Eastman to discuss the types of music events and activities he would have
during the evening, his business plan, and how he planned to manage events.
Mr. Eastman said he had run
a dance party at the Black Cat Nightclub where the theme was affordable,
multi-genre events with no attitude, just fun.
He wanted to do the same at the
Chairperson Nadeau asked Mr.
Eastman to discuss his business plan.
She said he had a great idea, but this was a high-rent location and it
did not sound like Mr. Eastman would be “raking in the bucks.” How did he plan to sustain the business?
Mr. Eastman said that he was
a professional DJ and he would continue that work. The project is music-focused. The other owners are also DJs. They want to stay focused on the music and
they are not looking at this project as helping them become millionaires.
Chairperson Nadeau asked
about the application capacity of 399.
Mr. Eastman said they had
applied for a maximum capacity of 399 people.
Commissioner Raia said that
the real capacity number is decided by DCRA.
Every applicant to ABRA asks for the maximum capacity, and the true
capacity number is reduced later.
Chairperson Nadeau said that
the only time the Commission gets to consider capacity is when the ABRA
application is reviewed.
Commissioner Raia said that
once DCRA determines a lower capacity number, it has to be posted and the business
cannot exceed that number.
Chairperson Nadeau asked
what would happen if the Commission did not like the DCRA number.
Commissioner Muhammad said
the Commission would have to appeal to DCRA.
Chairperson Nadeau said she
did not think the Commission would have standing with DCRA. She said she was not trying to be arbitrary,
but the requested capacity was a lot of people for that space. The 7-11 store on the corner of
Mr. Eastman said they would
have a security person posted at the entrance at all times. This person would be looking out for things
going on on the street, making sure their patrons were not blocking the
sidewalk, and making sure the noise levels were contained,
Commissioner Raia said Councilmember
Graham had expressed concern about the same questions, and he had exchanged
several e-mails with the Councilmember explaining how the voluntary agreement
would work to address these issues. The
councilmember’s response was that it did not sound like things were out of
control and he just wanted to make sure that everything was in place.
Commissioner Thomas asked
about input from the CSNA and whether they had made a presentation to them.
Commissioner Raia said that
CSNA determines who gets on their agenda, not the businesses.
Commissioner Thomas said she
was asking if Mr. Eastman had reached out to CSNA.
Mr. Eastman said he would be
setting up a meeting with them.
Commissioner Moss said that
one of the items she would like to have included in the applicant’s voluntary
agreement is the question of leasing the space to outside entities. She said that had been a problem on
Commissioner Raia said that
a prohibition on leasing to outside entities is included in every voluntary
agreement and would be included in this one as well.
Commissioner Thomas asked if
there had been any opposition from the community.
Commissioner Raia said he
had heard of no opposition.
Chairperson Nadeau asked if
there were questions or comments from the community.
A member of the audience asked
how the space would be used during the day.
Mr. Eastman said they would
like to do programs during the days and on weekends: DJ classes, theater workshops, film programs.
A member of the audience
asked what time they would open.
Mr. Eastman said they would
open at 6 PM.
Another member of the
audience asked about noise on the street.
Mr. Eastman said they would
be in the basement so the noise would be contained.
Commissioner Raia said there
were several doors between the street and the event space, and sound
suppression would be added.
Mr. Eastman said the
security person stationed at the entrance would make sure that the doors
remained closed.
Another member of the
audience asked if Mr. Eastman would be willing to have a sign in the
entranceway asking patrons to be respectful of the neighbors.
Mr. Eastman said yes.
Commissioner Raia said that
would be included in the voluntary agreement.
Another member of the
audience asked if the Commission would review the applicant’s business plan.
Chairperson Nadeau said that
the Commissioner of jurisdiction would review the business plan when drafting
the voluntary agreement, but that it should be available to any Commissioner
who wants to review it.
Mr. John Guggenmos, owner of
Town, suggested that Mr. Eastman should engage a sound engineer to assist in
managing and mitigating sound.
Mr. Eastman said they had engaged
a sound engineer.
Commissioner Ferrer asked
about hours of operation, and whether the owner intends to stay open until 4:00
AM, although last call is 2:00 AM.
Mr. Eastman said that he is
working with ABRA to implement a soft closing so that they avoid putting all of
their customers on the street at the same time.
Chairperson Nadeau asked if
Mr. Eastman had met with the MidCity Business Association. He said he had not, but intended to do so.
Commissioner Raia moved that
ANC 1B protest the U Street Music Hall’s application for a Retail Class C
Multi-purpose license on the basis of peace, order and quiet, that this protest
be withdrawn upon the negotiation of a voluntary agreement between the
applicant and the Commission, and that he be authorized to negotiate the
voluntary agreement, which he would then circulate to the Commission for
review..
Commissioner Muhammad
seconded the motion.
The motion was adopted
unanimously, 9-0.
Restaurant Marvin,
Commissioner Raia said that
this voluntary agreement was negotiated in 2008 when police did not carry
decibel meters and were not trained to do decibel testing. Those were some of the issues that the
voluntary agreement protected the area with.
The owner is proposing to change the voluntary agreement’s requirement
to keep the upstairs entrance door closed at all times and to maintain a
decibel reader in the establishment.
With regard to the door, the live music has been relocated so that the
sound cannot escape, and now that the police have decibel meters, this is no
longer necessary. In addition, there is
a decibel reader app on the I-phone, so if someone called him about noise, he
could go to the business and check the noise level with his I-phone. These are the only two issues that the owner
wants to change in the voluntary agreement.
Chairperson Nadeau asked if
the decibel meter requirement was in any other voluntary agreement.
Commissioner Raia said that
some of the older agreements have the requirement because those businesses that
had music had to know what the sound level was so they did not exceed the
maximum allowable.
Chairperson Nadeau asked if
having a decibel reader was an extra cost.
Mr. Sheldon Scott, manager
of Restaurant Marvin, said that the decibel reader was very expensive. They break frequently and a replacement has
to be purchased.
Commissioner Raia said that
if the decibel reader were broken when ABRA inspected the business, they would
be found in violation of their voluntary agreement.
Chairperson Nadeau asked
whether this amendment would excuse Restaurant Marvin from operating at a
prescribed maximum decibel level.
Commissioner Raia said it would not, that the voluntary agreement still
specifies a maximum sound level that they cannot exceed.
Chairperson Nadeau asked why
Marvin needed to have the upstairs door open.
Mr. Scott said they had a
lot of people going in and out. It makes
movement of traffic easier and faster, and to maintain security, since they check
IDs at the top of the stairs. The sound
system has been changed so that sound does not escape through the upstairs
door.
Commissioner Moss asked what
the statutory decibel level is.
Commissioner Raia said it
was 90 decibels. He added that the police
have a standard that if they can hear the sound five feet outside the building,
it may be too loud. The voluntary
agreement requires that they keep the noise down to the level specified by DC
statute.
Commissioner Raia moved that
Restaurant Marvin’s voluntary agreement be amended to delete the requirements
regarding the second floor entrance door and to delete the requirement for the
business to use a decibel meter.
Commissioner Muhammad
seconded the motion.
The motion was adopted
unanimously, 8-0.
Grant Applications and Grant Committee Report
Chairperson Nadeau noted
that the Grants Committee had met on Wednesday evening and asked for a
committee report.
Commissioner Akinmboni said
that the Committee had reviewed the Commission’s grant policies and was
proposing revisions. She distributed a
draft of the recommended changes and reviewed the most significant ones.
Referring to paragraphs 12
and 12a, she said that the policy would limit grants to a maximum of $2,000 per
year, but that they were recommending that organizations could apply for a
grant two times during a year as long as the total amount requested did not
exceed $2,000. For example, an
organization might apply for $500 one month, then later come back and apply for
an additional $1,500.00.
Referring to paragraphs 14
and 14a, Commissioner Akinmboni said that, under the proposed changes, any
grant recipient that failed to provide a statement of use and receipts within
60 days after receiving the grant would be suspended for three years and not
allowed to apply for a grant during that time.
Commissioner Akinmboni
referred Commissioners to the Recommended Staff Support Procedures for Processing
Grant Applications, which had been distributed to the Commission and discussed
at previous meetings. She said that the
committee was recommending two additions to those procedures: that the Staff Director would send a reminder
to grant recipients 30 days and 50 days after receipt of the grant that a
statement of use and receipts were required and would be due 60 days after
receipt of grant funds.
Chairperson Nadeau thanked
Commissioner Akinmboni for her work on grant policies.
Commissioner Moss asked
about paragraph 11 of the draft policies and the time frame for reviewing and
approving grant applications.
Commissioner Akinmboni said
that paragraph 11 required applicant organizations to appear at a public
meeting of the Commission to present their application and explain how they
would use grant funds. Paragraph 9 required
that grants be received in the Commission office no later than 15 days before
the meeting at which the grant would be formally introduced. Grants would be formally introduced at a
regular public meeting, and then considered for approval at the next monthly
public meeting.
Chairperson Nadeau observed
that there were many significant changes being proposed. She suggested that the proposals should not
be voted on at this meeting.
Commissioner Akinmboni said
that she had made only a few changes from what had been distributed by e-mail.
Commissioner Thomas and
others said they had not received any e-mail regarding proposed changes.
Jim Irwin said that he had
e-mailed the draft changes to only the co-chairs of the committee, the
Chairperson and the Treasurer, not to the entire Commission.
Commissioner Thomas asked if
these were proposed changes to the existing grant policies now posted on the
Commission website.
Commissioner Lopez said that
he and Commissioner Akinmboni had met the previous evening and reviewed the
policies. One of the suggested changes,
paragraph 12a, would increase the opportunities for community organizations to
apply for grant funds, which was something the Commission had discussed as very
important in difficult economic times.
Paragraph 14a, which would penalize organizations that did not comply
with reporting requirements, was necessary because the Commission’s funding was
dependent on compliance with these requirements. If the required reports and receipts were not
provided, the Commission’s funding would be withheld. Commissioner Lopez said that the Commission
had just received its total FY 2009 allotment because of delays in getting
documentation from grant recipients. The
funds were supposed to be provided in quarterly allotments, but had been withheld.
Commissioner Raia asked if
the auditor withheld all Commission funds, or only the amount of the
grant. Commissioner Lopez said that the
total allotment was withheld until grant documentation was provided. Because of delays in obtaining receipts, some
funds from FY 2008 had only now been received, a year and two months later.
Commissioner Moss asked
about the process of reviewing and voting on the draft policies the Commission
had just received. When would an
official vote be taken?
Chairperson Nadeau said that
the Commission could amend its by-laws to include the grant policies. Right now grant procedures are not part of
the by-laws. She thought it would make
sense to incorporate them into the by-laws, but that would require two
readings. She did not know that this
meeting had to be the first reading because Commissioners had only now received
the draft. She suggested a vote in
February.
Commissioner Moss said she
was concerned because she had two possible applicants in the pipeline for
January and wanted to be sure that everyone understood what the policies were.
Commissioner Lopez said that
the draft was a work in progress and Chairperson Nadeau said that it was a
great start.
Commissioner Muhammad asked
who was on the Grants Committee and who prepared the draft policies.
Chairperson Nadeau said that
anyone who wanted to attend was part of the Grants Committee.
Commissioner Muhammad said
that including anyone who wanted to attend sounded good, but he wanted to know
who made up the membership of the Grants Committee and who had written the
draft.
Chairperson Nadeau said the
document already existed and Commissioners Akinmboni and Lopez had made changes
to it.
Commissioner Muhammad said
he would like to know who the members of the Grants Committee were and who had
written the document that had been revised.
Commissioner Lopez said that
it was already a working draft of policies and he and Commissioner Akinmboni
had made revisions and added ideas.
Commissioner Moss said she
could not recall exactly when the grant policies were first established.
Chairperson Nadeau said it
was during the time when Commissioner Hunter was Chairperson.
Commissioner Muhammad asked
who was present at the meeting the previous evening and who edited the
document.
Commissioner Akinmboni said
that only she and Commissioner Lopez had been present and worked on the
document.
Commissioner Muhammad asked
who else was on the Grants Committee.
Commissioner Conklin said
that Commissioners Akinmboni and Smith were the co-chairs of the
committee. She said that they had been
appointed when committees were set up by the Commission.
Commissioner Muhammad agreed
and asked who else was on the committee besides the co-chairs.
Commissioner Lopez said the
two co-chairs were the members of the committee and he had just volunteered to
attend the meeting to help with grant policies.
Chairperson Nadeau said she
had volunteered as well, although she was not able to attend the meeting.
Commissioner Akinmboni said
that she had sent out e-mails to all Commissioners inviting them to attend the
committee meeting.
Commissioner Muhammad said
that sending e-mails and inviting everyone to attend was good, but he thought
the committee really ought to be more structured than just two people.
Commissioner Lopez said that
Commissioner Akinmboni had sent out e-mails and tried to get Commissioners
involved. He had hoped more people would
have attended, but he and Commissioner Akinmboni had gone ahead and taken a
crack at drafting policy revisions. It
was just a start and was really just a work in progress. There were still things that could be
improved.
Chairperson Nadeau said that
every Commissioner’s participation was needed in developing ideas and drafting
changes through e-mails, on-line and at this meeting.
Commissioner Muhammad said
it should not be just Commissioners involved, but also the community. The membership of committees should be open
to the community.
Commissioner Thomas said
that Commissioner Muhammad’s questions and observations made sense, not just
for the Grants Committee but for other committees as well. She said there was also the ABRA Committee
and the Design Committee, and she was still trying to keep up with who was on
what committee. She thought Commissioner
Muhammad’s point about community participation should apply to all committees,
but that did not always happen. She
thought there might be a better way of setting up the committees and making
sure that residents could be members too.
She suggested that committee membership might be listed on the agenda so
that the community and Commissioners would know clearly who was assigned to
what committee. She herself was not sure
what committees she was on. She knew she
was on the ABC Committee, but maybe also the Design Committee and she had
received the e-mail about the Grants Committee meeting, so maybe she was on
that committee too. Maybe there was a
better way of everyone knowing what committee they were on.
Commissioner Muhammad said
he agreed with Commissioner Thomas. He
said the reason why he had asked was that the Commission did have these other
committees, and they had “been around the block” regarding the Public Safety
Committee. The Commission had voted to
move that committee’s meetings to other locations, but that had gone
nowhere. Commissioner Raia had his
committee, which meets, and so did Commissioner Smith. He said the minutes of this discussion would
show that they were considering a draft of policy changes, which was good, but
there were a few members of the community present and many more who were not
present. He did not want anyone to think
that only five or ten or twenty people considered these policy changes when he
did not know who was on the committee and only two people had prepared the draft. They should be commended for their work, but
. . . .
Chairperson Nadeau
interjected that she agreed completely with Commissioner Muhammad and had been
saying the same thing since January. She
was now asking every committee chair, and would communicate with Commissioner
Smith, who was absent, to send an e-mail in the next few days to the community
lists soliciting members for their committees from the general community. By December 15th, all the
committee chairs should report back to Jim Irwin who had signed up to be on
their committees. Those names would be
posted on the Commission website. If any
Commissioner needed help accessing the various community listserves, they could
contact Mr. Irwin for assistance. In
addition, all Commissioners should announce to all other Commissioners what
committees they would like to serve on, and that would be posted on the
Commission website as well.
Commissioner Thomas said she
thought this would be helpful, and that all committees should have community
membership, participation and input.
Commissioner Akinmboni said
that the proposed administrative procedures were for the support of the
Treasurer and the Commission, and to make sure that required documentation was
collected so that the Commission’s funds would not be delayed. They were not really for the public. She thought the grant policies should be
posted on the Commission website and printed as part of the grant application
so that everyone would know what was required.
Chairperson Nadeau said that
the grant policies were already on the Commission website, just not with any of
the proposed revisions. She thought an
announcement should be made to the community that the Commission is considering
amending its policies and inviting feedback.
She said she wanted the draft policies as presented at this meeting
inserted into the minutes, and she asked Commissioner Akinmboni to send the
draft to the community listserves, asking for comments and suggestions.
Following are the draft
grant policies as presented at the meeting:
*******************************************
DRAFT
ADVISORY
NEIGHBORHOOD COMMISSION 1B
POLICIES
GOVERNING GRANTS TO COMMUNITY ORGANIZATIONS
By law,
Advisory Neighborhood Commission 1B may give grants to community groups or
organizations for the benefit of the general public. The following policies, terms and conditions
shall govern the review and approval of applicants, and the administration and
monitoring of approved grants:
- Community groups are not
required to be incorporated as non-profit organizations to receive grants.
- Grants from the ANC may be
combined with other funds.
Applicants are encouraged to solicit additional funds from other
sources.
- Grants shall be approved for a
public purpose, defined in D.C. law as “an activity which serves as a
benefit to the community as a whole, and which at the same time is
directly related to the functions of government;” grant expenditures must
confer “a direct public benefit of a reasonably general character: that is
to say, to a significant part of the public, as distinguished from a
remote and theoretical benefit.”
- Grant funds cannot be used to support programs or
activities that “duplicate already available programs and services.”
- Grants shall benefit “persons
who reside or work within the Commission area.”
- Grants shall not be made to
individual persons, only to community organizations.
- Grants cannot be made directly to public schools or to
conduct programs on a contractual basis with existing government agencies
- Grant funds may not be used for partisan political
activities, to purchase meals or food, or to pay for entertainment. Grant funds may not be used to support
block parties.
- Applications must be received in the Commission office
not later than 15 days before the public meeting at which the application
will be formally submitted.
- An application
shall be formally submitted to the Commission at the regular public
meeting one month before the grant will be awarded. At the next meeting at which it shall be
considered for approval.
- A representative or
representatives of the applicant organization must appear before the
Commission at its public meeting to present the grant request, and to
answer questions from the Commission and the public, prior to the
Commission voting on the application.
Grants cannot be considered or approved by the Commission until a
representative or representatives of the applicant organization has made a
public presentation at a public meeting of the Commission.
- Generally, grants will be
limited to a maximum of $2,000.00.
The Commission may, in its discretion, approve a grant for an
amount greater than the maximum, if it determines that the application has
exceptional merit and will confer an unusual benefit to the
community. Organizations are
limited to one grant per fiscal year, without exception.
12.a Any organization can apply for grant two
times per according to the need of the organization both times can not exceed
the limited amount which is $2000.00 (Two Thousands Dollars)
- Grant recipients will sign a
grant application and a receipt for grant funds which will constitute a
binding contract with the Commission to adhere to the policies herein
stated and the activities, programs and budgeted expenditures detailed in
the application.
- As required by law, grant
recipients shall provide to the Treasurer of the Commission a statement of
use of funds, complete with receipts that support all expenditures, not
later than 60 days following the issuance of the grant.
14a. If the recipients / organization did not
comply with the rule or contract agreement.
The recipients / organization shall be suspended for three years (3
years) before they can apply for any grant from the ANC 1B.
- Grant funds will be provided
for a maximum period of 60 days
from the date of approval of the grant.
Any funds remaining at the end of that period shall be returned to
the Commission.
- At the termination of the
project or activity supported by the grant, or 60 days after the approval of the grant application, whichever
comes first, the grant recipient shall submit to the Treasurer of the
Commission a final report on the use of funds, describing the activities
and programs supported by grant funds, identifying specific benefits
achieved by the grant, and supported by receipts for all expenditures of
grant funds for the duration of the grant period. This final report shall be submitted no
later than 30 days after the date of termination of the project or 30 days
after the end of the 60 days,
whichever is applicable.
- If the recipient fails to
comply with any of these policies, terms and conditions, the grant shall
be immediately terminated by written notice from the Treasurer of the
Commission and the recipient shall return all unspent funds to the
Commission.
***************************************
Commissioner Ferrer
suggested that it might be good to have a community member as co-chair of a
committee along with a Commissioner co-chair.
There were many non-profit organizations in the ANC 1B area and a lot of
expertise available, which could be of great assistance to the Commission and
its committees.
Chairperson Nadeau said she
loved that idea and suggested that community co-chairs should be approved by
the Commission as are committee chairs.
She said that an invitation to the community to volunteer for co-chairs
could be included in the announcement asking for community members to
participate in the committees. If there
were community co-chair candidates, they could perhaps be voted on at the
January meeting along with Committee chairs.
Commissioner Moss said that
the Public Safety Committee already had a co-chair from the community, Lt. Jova
from the PSA.
Chairperson Nadeau asked
Commissioner Muhammad if he did not also work with a PSA representative.
Commissioner Muhammad said
he did, but the discussion had been going in an entirely different direction
from what he had tried to bring up earlier.
For months and months, he had been stressing that the Public Safety
Committee should represent all of ANC 1B because there are public safety issues
that affect all of the ANC 1B area. The
Commission had voted to have the Public Safety Committee meet in various
locations and consider public safety for the entire Commission area, but that
had not happened. He said it was true
that he had monthly meetings with PSA 304, but that was totally separate from
what he had been discussing, which was the serious need for the Commissioners
to step up, accept responsibility and take the initiative for getting the
Public Safety, Grants and other committees to be effective. He was not willing to say that his monthly
PSA 304 meetings were a Public Safety Committee meeting serving all of ANC 1B,
because that was just not the case. The
Commission must stop calling a meeting that deals only with public safety
issues for one PSA the Public Safety Committee.
He was not a co-chair of the Public Safety Committee. There is only one Commissioner who was the
chair. The Commission had voted to have
the Public Safety Committee meet in different locations and be a
Commission-wide committee, but that had not happened. He said that had to change because there were
many residents in ANC 1B who had no knowledge of public safety issues.
Commissioner Raia said that
his concern was how the Commission would decide on community co-chairs at the
January meeting if there were five people wanting to be the co-chair of one
committee.
Chairperson Nadeau said that
the Commission would vote on chairs for the committees in January, and could
vote for co-chairs in the same way.
Commissioner Muhammad said
he agreed that chairs of all committees should be elected at the January
meeting because the Commission had not voted on the chairs of the current
committees.
Chairperson Nadeau said the
Commission had elected chairs at the January 2009 meeting.
Commissioner Muhammad
disagreed and said that the Chairperson should consult the minutes of the
January meeting. There had been no
election of committee chairs.
Commissioner Raia asked if
the Commission had voted for Lt. Jova as co-chair of the Public Safety
Committee.
Commissioner Moss said that
the Public Safety Committee had made Lt. Jova co-chair.
Commissioner Raia said his
point was that co-chairs of the committees should be selected by the membership
of the committees, not by the Commission.
Commissioner Moss agreed.
Chairperson Nadeau said
that, in that case, it would be better to hold off on community co-chairs until
the committee memberships were better formed.
Commissioner Moss asked if
the Commission could move to the next agenda item.
Chairperson Nadeau
reiterated that the committee chairs would be sending out an e-mail to the
community about committee memberships in the next few days and would report
back on community interest by December 15th. In addition, Commissioners will be e-mailing
each other about which committees they want to serve on.
Commissioner Thomas asked if
the Commission would be changing committees in January or working toward
getting committees more functional.
Chairperson Nadeau said that
in January the Commission would be voting on officers and committee chairs.
African American
Ms. Ayo Handy Kendi, founder
and director of the African American Holiday Association, said that her
organization sponsors a youth entrepreneurial project that offers training and
an opportunity to earn money during the holiday season to youth in the ANC 1B
area. The program has been in operation
since 1989. Hundreds of young people
have been helped over the years and the program has planted the seed of
entrepreneurship in a number of them.
The grant funds from ANC 1B will fund a stipend, which will serve as an
incentive to youth to participate in the training. The training provides skill sets, an
understanding of what an entrepreneur is, and values. This year the program will also provide work
opportunities for the trainees during the holiday season to earn money. The goal is to train 40 young people. The stipend would be $20.00 and they are
requesting a $1,000.00 grant.
Commissioner Moss said that,
considering the present economic situation and the unprecedented unemployment
in D.C. of 10%, it was very good to see a grassroots effort to give young
people lifestyle skills that will help prevent them becoming potential problems
in the community. Ms. Kendi has been an
advocate and activist committed to this project for some time, and she and the
community were very proud that Ms. Kendi is from
Commissioner Raia said that
Ms. Kendi had said she would have asked for more money if she could have, and
asked her how she would use additional funds if the Commission were to provide
a larger amount than she had requested.
Ms. Kendi said she could
increase the amount of the stipend provided to the trainees. They are currently doing fundraising to
increase the incentive amount of the stipend.
Part of their training will involve planning Kwanzaa events. They could be paid for that work and for
handing out flyers
Commissioner Raia suggested
that the stipend could be increased to $30.00 per student, which would increase
the total for stipends from $800.00 to $1,200.00 and other parts of the budget
could be increased to support flyer distribution, increasing the total grant
request to $1,600.00.
Chairperson Nadeau said that
the D.C. auditor had had problems with this grant in the past, and they had
been very careful to develop a grant proposal that could be approved with
confidence that expenditures would be acceptable to the D.C. auditor.
Commissioner Raia asked if
the D.C. auditor would object to increasing the amount to $1,600.00.
Chairperson Nadeau said that
a lot of time was spent making sure that what was in front of the Commission
was what would be voted on. Ms. Kendi
had been before the Commission to apply for this grant for several years. If she wanted $2,000.00, she could have asked
for it. The maximum grant limit had been
$2,000.00 for several years.
Commissioner Moss said she
had inadvertently misinformed her constituent, Ms. Kendi, because she was under
the mistaken impression that the grant limit was $1,000.00. That was why Ms. Kendi’s request was for
$1,000.00.
Ms. Kendi said that she had
to speak up for the reality that there had not been a problem with the
grant. She was concerned to correct the
perception that there was a problem. There
had not been a problem with the auditors except for receipts. One year, they had submitted receipts, but
the auditor said the receipts were not adequate. They corrected that. She was informed that there was another
problem with documentation at the last meeting, which she was not aware
of. She and Mr. Irwin had gone over that
issue, which had to do with paying the trainees with checks and using the
cancelled checks as receipts or documentation.
That was not acceptable and she had been informed that the auditors
wanted more formal documentation, which they will provide in future. She still was not sure what that was about,
but she wanted to correct any perception that there was a problem with her
grant.
Commissioner Thomas asked
about the practicality of paying youth who did not have checking accounts using
checks. To get their money, they would
have to go to a check-cashing service.
Chairperson Nadeau said that
Mr. Irwin and Commissioner Lopez had developed a receipt form that would
satisfy the auditor and which could be used for payments in either cash or
checks.
Commissioner Raia moved that
ANC 1B approve the grant request of the African American Holiday Association
with an amended budget: increase
stipends for 40 youth from $20.00 to $30.00 for a total of $1,200.00; pay youth
coordinator $100.00; $100.00 for flyer distribution; increase printing of
flyers to recruit youth to $200.00 for a total grant request of $1,600.00, and
that the African American Holiday Association document its stipend expenditures
with the receipt form provided by the Treasurer.
Commissioner Muhammad
seconded the motion.
The motion was adopted, 7
yes, 1 no, 1 abstain, Commissioner Nadeau voting no and Commission Lopez
abstaining.
Commissioner Anderson
Holness noted for the record that she had returned to the Commission meeting
during the discussion of the African American Holiday Association grant.
Meridian Hill Neighborhood Association Grant
Application
Mr. Michael Taylor,
Commissioner Raia asked if
the tree boxes were on the sidewalk public space, not on school property.
Mr. Taylor said yes.
Commissioner Raia said that
they would be required to get a public space permit to construct the tree boxes
on the sidewalk.
Chairperson Nadeau asked if
they were replacing tree boxes that had already been there.
Mr. Taylor said no, that there
had been only an open dirt area.
Commissioner Raia said that
the city code would require that a tree box get a public space permit. He did not think as Commissioners they could
approve a grant until that was done.
Commissioner Thomas said
that she had been involved in the neighborhood cleanup and that her cooperative
had used its own money to build six tree boxes on their block. They had just got $5,000 from Councilmember
Graham’s office and the Collaborative to build additional tree boxes. These were on the street, on public space,
and did not require a permit. She said
they had been doing this for years and had never had to get a public space
permit. When did this requirement go
into effect?
Commissioner Raia said that
he did not know for sure, but in 1997, when he was working on brick sidewalks
in the community, this was one of the issues that came up when he walked the
street with the arborist. He pointed out
every illegal tree box.
Commissioner Thomas asked
what they did about illegal tree boxes.
Commissioner Raia said that
when they replaced the brick sidewalks, they would remove the illegal tree
boxes.
Commissioner Thomas said
they had just planted trees in their new tree boxes and no one had told them
not to do that.
Commissioner Raia said the
law and requirements were spelled out on the DDOT website. Tree boxes cannot be more than 18 inches
high, can only be enclosed on three sides, must be ADA-compliant, and cannot
block water drainage.
Commissioner Thomas said
that
Commissioner Raia
interjected that there are many tree boxes that are illegal and DDOT cannot go
out and find every one of them. He said
that if an illegal tree box is put up, the Commission says that can go there, and
a car hits it, the city will get sued and the city will pay, because it is
public space.
Commissioner Thomas said
they were talking about wooden boxes.
Commissioner Raia said yes,
but wood was not a legal substance, according to the website.
Commissioner Thomas observed
that apparently Councilmember Graham had just spent $5,000.00 for tree boxes
that were illegal.
Commissioner Muhammad said
that he thought this issue should be researched, because he was not going to
tell the Councilmember that he had done something illegal. He said that both Commissioner Raia and
Commissioner Thomas had made valid points.
He thought the Commission needed to do research before approving
something that could be illegal.
Commissioner Moss said she
thought it was a worthwhile project, but that DDOT Public Space needed to be
consulted She supported what the MHNA
was trying to do, especially if they had free labor, but if the project was not
too time sensitive, she suggested tabling it until research could be done and
the statutory guidelines clarified.
Chairperson Nadeau asked Mr.
Taylor to research the question, and the MHNA grant application would be moved
to the January agenda.
Commissioner Raia said the
Commission could go ahead and vote on the grant application, do the research,
and depending on what was learned either give MHNA the money or not.
Chairperson Nadeau said that
it was winter and there was no hurry, so it would be better to carry the
application over to the January meeting.
Commissioner Moss asked that
Mr. Irwin distribute information on D.C. legal requirements for tree boxes to
all Commissioners.
Commissioner Raia said that
he had been informed by Chairperson Nadeau and Mr. Irwin that this grant application
in its current form would be unacceptable to the D.C.auditor. He had discussed with the applicant how the
grant could be rewritten to make it compliant with the legal guidelines and
suggested that she work with Commissioner Akinmboni. The applicant is willing
to rewrite the application. He asked if
the Commission should hear about the organization and the grant proposal now.
Chairperson Nadeau asked
Commissioner Akinmboni if she was a member of the Columbia Heights Shaw Family
Collaborative (CHSFC) board of directors.
Commissioner Akinmboni said she was.
Chairperson Nadeau said that it was important that Commissioner
Akinmboni not be involved in assisting with the rewriting of the grant and that
she recuse herself from consideration and voting on the application.
Commissioner Raia suggested
that Commissioner Smith or Mr. Irwin could assist with rewriting the
grant. Chairperson Nadeau agreed and
said that anyone could help her except for a Commissioner involved with the
organization. She asked Ms. Camile
McKenzie to present her organization’s request.
Ms. McKenzie said she was in
charge of youth programs for CHSFC, but the proposal was not youth-related, but
for family services. She was filling in
for the Director, who could not attend.
The project was an educational outreach program during the holiday
season, when a lot of families focus more on buying gifts than on the basics of
paying utility bills. They were working
to help families in Ward One understand the importance of paying and keeping
current on their utility bills, and providing assistance where needed.
Commissioner Moss asked what
amount CHSFC was requesting. Ms.
McKenzie said $5,000.00. Commissioner
Moss asked how many families were being served.
Ms. McKenzie said that they were currently servicing 80 families, but
that the number increased during the holiday season.
Commissioner Anderson
Holness asked what criteria were used to determine who was served. Ms. McKenzie said they were serving Ward One
and starting in
Commissioner Anderson
Holness said she was asking if there was any formula for deciding who was
eligible for assistance.
Commissioner Raia said there
had been a formula in the original proposal, but the grant needed to now be
redesigned to support organizational operations, rather than payments to
families.
Commissioner Anderson
Holness asked if there was a budget.
Chairperson Nadeau said it
would be submitted at the January meeting.
Commissioner Thomas said
that the financial guidelines prohibited the Commission from providing funds
for direct assistance to individuals, so CHSFC was revising the grant to
request assistance for its organizational operations. She had hoped that they could have done that.
Commissioner Raia said that
he had thought that this grant application was exactly along the lines of what the
Commission had said it wanted to do with the grant funds, but then he was told
the proposal could not be done.
Chairperson Nadeau said the
Commission unfortunately had had that discussion in a vacuum and she had been
told afterwards that direct support to individuals was not permitted.
Commissioner Anderson
Holness asked if they were now finding a way to do the same thing that they had
been told they could not do.
Chairperson Nadeau said no,
the grant application would be for funds to support the mission of the
organization and their operation, as opposed to the money they give to
individuals. The Commission would get
receipts for expenditures on administrative materials for example. The money that came from other sources, such
as the Councilmember’s office, could then be directed to support for
individuals.
Commissioner Thomas said
that this revised grant application could then be a model for other community
organizations.
Commissioner Muhammad said
he supported the CHSFC. Two months ago,
he had discussed how the Councilmember’s office and the Mayor’s office could
not deal with the increased need for assistance to individuals in the community
alone. He had contacted Ms. Penny
Griffith, Director of CHSFC, to let her know what he had said he would like the
Commission to do in 2010. Too many
people are facing hardships.
Commissioners or some in the meeting room might face hardships. The question was asked how many families were
being served by CHSFC. Each Commissioner
represented about 2,000 people and there were eleven Commissioners. CHSFC had the potential to service 22,000
people, not just 80 families. Even
though the Commission had been told that Commissioners could not assist their
constituents directly, he did not think that anything should be in the way to
prevent the Commission from supporting CHSFC and other organizations that might
apply. There are families who need help,
and the Commission fortunately had the funds and should do everything in its
power to assist the organizations who are helping those families, even if the
Commission cannot assist directly.
Commissioner Raia said that
it was due to Commissioner Muhammad’s hard work that this grant application had
been developed, and that he was supporting it.
Chairperson Nadeau thanked
Ms. McKenzie for attending the meeting and said the Commission would consider
the application at the January meeting.
Chairperson Nadeau noted that Commissioner Moss had
introduced a grant application
to be considered in January for the Robert and Mary
Church Terrell House and LeDroit
Prince Hall Masons Parking Relief
Commissioner Raia said that
the Prince Hall Masons were asking for support for their request to DDOT for
parking relief on December 9th, 10th and 11th. They were asking for exemption from the
two-hour parking limit.
Mr. Anthony Wells,
representing the Prince Hall Masons, said that they applied to DDOT every year
for this exemption for their annual meeting.
The area covered would be 9th, 10th and 11th
Streets N.W. from W Street N.W. to
Commissioner Anderson
Holness asked approximately how many people attended their meetings each of the
three days.
Mr. Wells said about 200-300
people would attend. He said they would
have placards that their members could place on the dashboards of their cars.
Chairperson Nadeau asked
about the number of cars involved. Mr.
Wells said they could not really estimate how many cars. Chairperson Nadeau said she was asking
because the extra cars displaced residents.
On the other hand, the attendees brought business to the neighborhood.
Commissioner Moss asked if
an announcement could be put on the website about this. Chairperson Nadeau said it might be better to
send out a notice to the listserves.
Commissioner Muhammad asked
if DDOT had approved this request and if residents in the affected area had
been brought into this. He said that he
asked because parking was extremely tight in that area. He said that if the Commission supported this
request with just one week’s notice, he was sure that many residents would be
displeased. When the
Commissioner Anderson
Holness observed that during the day, most people would be at work and the
parking issue would not be as heightened.
Commissioner Raia said the
Prince Hall Masons had consulted the Westminster Neighborhood Association. As a result of that consultation, the Masons
contacted
Commissioner Thomas asked if
this was something new or had this been done in previous years.
Commissioner Raia said it
was not new and that the Commission had supported this request in previous
years. Commissioner Smith had worked
with the Prince Hall Masons on this request in past years.
Mr. Wells said that the
Masons were trying to be good neighbors and were asking the Commission for its
support.
Commissioner Muhammad asked
if the parking privilege was new.
Chairperson Nadeau said no,
the Commission had supported this for several years in the past.
Commissioner Anderson
Holness moved that ANC 1B support the Prince Hall Masons request to DDOT for
relief from parking restrictions for the period December 9-December 11, 2009
from 9:00 AM to 4:00 PM on the following blocks and streets:
1800, 1900, 2000 and 2100
blocks of 10th and 11th Streets N.W.
1800, 1900, and 2000 blocks
of
900, 1000 and 1100 blocks of
T, V and W Streets N.W.
Commissioner Moss seconded
the motion.
The motion was adopted
7-0-1, Commissioner Muhammad abstaining.
There being no other
business, Commissioner Anderson Holness moved that the December 2009 meeting of
ANC 1B be adjourned.
Commissioner Raia seconded
the motion.
The motion was adopted
unanimously, 8-0.
The meeting was adjourned at 9:37 PM.