ADVISORY NEIGHBORHOOD COMMISSION 1B
Government of the District of Columbia
Columbia Heights / LeDroit Park
/ Shaw / University
Heights
2 October
2003, True Reformer Building, 1200 U
Street NW
Attending: Commissioners Guyot, Spalding, Hammonds, Thomas, Butler, Skinner, Esters, Wright
Absent: Commissioners Houston, Wilson, Glover
Quorum was achieved shortly after 7PM, and the minutes for the September meeting
were adopted on a vote of (6-0-0).
Secretary Spalding relayed comments from Treasurer Glover that he is
still not in receipt of the statement for July from Industrial Bank, and that as
soon as the statement is available he will complete and report the quarterly
beginning in April, and that there was no unusual activity in the past months
financial statement.
In presentations and announcements Antilla Trotter spoke
about the 5K Fun Run/Walk being sponsored by Howard University’s Health Awareness Coalition on
Saturday October 4th.
Mr. Cedric Hendricks of CSOSA asked for ANC1B’s support for
temporary use of the facility located at 1301 Clifton Street as an assessment and
orientation center during the refurbishment of the current facility at the
DC General
Hospital campus. The Clifton Street building would be used for
approximately twenty months beginning in January of 2004. Commissioner Spalding asked what the
current ownership and use of 1301 Clifton is, and Mr. Hendricks responded that it
is currently owned by a nonprofit called the Bureau of Rehabilitation and is
currently not being used.
Commissioner Spalding asked about current zoning use & whether it was
appropriate for the CSOSA planned use, and Mr. Hendricks responded that he
believed it was correctly zoned for the proposed use. Commissioner Guyot stated that ANC1B has
a long supportive relationship with CSOSA and also with the Bureau of
Rehabilitation. Commissioner
Hammonds spoke to the history of the building and its use. Its historical use as a halfway house
was exemplary, and that there was no interaction between the clients of the
facility and the open air drug trafficking that has occurred on this section of
Clifton
Street.
Commissioner Hammond supported this request from CSOSA and indicated that
she would continue to keep her keen eyes on all the activities in the 1300 block
of Clifton. Commissioner Guyot asked if community
opposition had been addressed, and Commissioner Hammonds responded that she had
worked to educate the local residents to the good history with the use of 1301
Clifton and the
ongoing good work of CSOSA.
Commissioner Guyot offered a resolution supporting CSOSA’s use of
1301 Clifton
Street for a turn of twenty months or less, and it
was seconded and adopted unanimously (6-0-0).
Pat Gunnin, Area Director, spoke about the Metropolitan
Police Boys and Girls Clubs, and the ongoing plans for use of the facility on
14th
Street.
Mr. Gunnin stated that he wants to increase the involvement of the Club
in the community, and hopes that planned activities will increase the use of the
Club. Commissioner Hammonds asked
about current volunteer centered programming, and Mr. Gunnin stated that these
plans were being incorporated, however, there was still some organizing to
accomplish before they could be fully integrated. Commissioner Hammonds expressed a
concern about possible later closing times in the evening, and Mr. Gunnin stated
that the age group targeted was six to eighteen years and the facility currently
closes at nine in the evening. The
Club tries to get the younger attendees home by seven or eight o’clock allowing time for older users
separate from the younger users.
Special events catering to the older youths could occasionally advance
the closing hour, but not on a continual or regular basis unless there is a
specific need discovered for later use.
Commissioner Hammonds responded that she had offered alcohol and drug
programs designed for the sixteen to eighteen year olds, but that they were not
interested in the programs, and that reaching out to younger users was more
effective and did not necessitate using the facility past nine o’clock. Commissioner Butler asked that the Club
continue to explore the effectiveness of programs designed to instill discipline
in the children at the upper end of their targeted age group. Mr. Gunnin responded that they haven’t
found an indication of interest to date, and that their budget was already
strained with the activities currently underway. Commissioner Thomas asked whether the
club had established ongoing relationships with the single member district
Commissioners in the surrounding community and Mr. Gunnin stated that the Club
was currently in the process of hiring a full time director for the facility and
that it would be the new director’s responsibility to reach out to the local
community leaders. Commissioner
Guyot stated that ANC1B has a strong relationship with the local police officers
participating in the Club’s activities, and they continue to be a part of policy
formulations for the future of the Club and its use. Mr. Gunnin responded that the police
officers had been critical in keeping the facilities alive during the present
funding crisis, and that future use of the police officers would concentrate on
using them for specific youth counseling for which the Club would train
them. Commissioner Hammonds asked
if the new director of the 14th Street facility would be
from the local community, and Mr. Gunnin responded that they have three
candidates on the final list, and that two of the candidates have long residence
in the local community.
Commissioner Thomas requested that Mr. Gunnin meet with Commissioners
Hammonds and Butler to continue the discussion, and all
agreed.
Desi Deschaine from Mayor Williams’ office spoke on the
upcoming Citizens Summit III. Mr.
Deschaine said that the subtitle for the conference is “Real Challenges, Real
Choices”, which reflects the current budgetary situation facing the District and
the difficult choices that fiscal restraint is placing on the District’s
government. The Summit will be held on Saturday, November 1st
from 8AM to 4PM at the new Washington Convention Center. Mr. Deschaine offered to go anywhere at
anytime to get the word out on the Summit.
Commissioner Butler introduced representatives from Bozutto
Development who had some design changes to report on regarding the Meridian Hill
development. John Palmer an
attorney for the Bozutto Group asked for ANC1B’s support before the Zoning
Commission on October 9th, and explained that they had reduced the
total number of units while expanding the size of the units offered. The four affordable units were still in
the design and had slightly expanded square footage. Commissioner Guyot asked ‘What’s
affordable’, and Mr. Palmer explained that DHCD had outlined a target of $48,000
for a family of four and that Bozutto had worked with this number as a
guideline. Commissioner Spalding
asked when this proposal would be before the Zoning Commission, and Mr. Palmer
responded that they are scheduled for Thursday, October 9th in the
evening. Commissioner Spalding
moved that Commissioner Butler be designated as ANC1B’s spokesperson before the
Zoning Commission hearing on October 9th, and Commissioner Guyot
offered an amendment that it be represented that ANC1B has been guaranteed that
Bozutto has adopted the use of the $48,000 family of four DHCD guidelines for
the affordable units in the project, and it was seconded and adopted by a vote
of (8-0-0).
Chief Reginald Smith of the Howard University Police
Department was not present, and Commissioner Skinner requested that his
presentation be tabled and reconsidered at the November meeting.
Sean Tenner of SmokeFreeDC requested that ANC1B support their
resolution dealing with smoke free workplaces in the District. The organization is a citizen based
group whose goal is to promote smoke free environments in the area workplaces
including restaurants and bars. Mr.
Tenner stated that anti smoking restrictions in the District are amongst the
most lax in the country. Mr. Tenner
also stated that the local restaurant workers unions have supported the adoption
of the restrictions proffered by SmokeFreeDC. Commissioner Guyot indicated that the
resolution could be improved on, and that at the ANC Assembly voted support
while strengthening the language.
Commissioner Guyot asked if the District would lose tax money if the
proposal were adopted, and Mr. Tenner explained that the expected decrease in
health care costs more than balanced any lost revenues, and that by going smoke
free more tourists would be drawn to the area. Commissioner Spalding asked Mr. Tenner
to respond to the impact on business owners; that as the public education
campaigns regarding smoking advanced more and more businesses were adopting
smoke free environments, however, that some bar and restaurant environments
choose to cater to a smoking clientele.
Mr. Tenner responded that they were not trying to change the culture, but
that it is more important to protect the rights of those working in these
environments than in maintaining the right of business owners to decide on
allowing smoking in their businesses.
Mr. Tenner stated that the government already restricts owners by not
allowing rats in their kitchens.
Commissioner Spalding stated that he had difficulty with the blanketing
of all businesses, that he endorsed the movement towards more smoke free working
environments, but found the inclusion of all existing businesses to be unfair to
the owners of those environments.
Commissioner Esters asked if the experience of those DC restaurants that
had voluntarily gone smoke free was reflective of the experience in New York, and Mr. Tenner
said that it had been a positive experience for those participating. Commissioner Skinner questioned whether
the goal of Mr. Tenner’s organization was to ban smoking altogether, and that
that stance begins to infringe on individual liberties. That individuals are not forced to go to
businesses that offend them in some manner, and that if someone wanted to work
in an environment that did include smoking shouldn’t that be their choice? Commissioner Skinner stated that the
resolution appeared to go well beyond public health, and that it appeared to
obviate individual responsibility and remove choice for business owners. Mr. Tenner responded that the resolution
was solely to cover indoor workplaces.
Commissioner Guyot stated that DC leads the country in incidence of
smoking related diseases, and that no one has the right to kill another
slowly. This is not about
restricting anyone’s choice; we have taken an oath to do what’s in the best
interest of this city. We should
have the courage to bite the bullet and support this ban. Commissioner Guyot moved support of the
proffered resolution, and it was seconded and approved by a vote of (5-2-0).
Nina Dastur of the Center for Community Change requested
ANC1B’s support of DC Council Bill
15-133 ‘Close the Loophole in the Tenant Purchase Law’. Ms. Dastur explained the existing
loophole in District law that allows owners to retain five per cent of a
buildings ownership and avoid giving tenants an opportunity to purchase the
properties. This loophole has
disenfranchised the tenants as participants in the ownership of their buildings,
and has been exploited at tenant’s expense. Councilmember
Jim Graham stated that he is a cosponsor of the change
eliminating the loophole, and emphasized the inclusion of federally insured
properties in the bill.
Commissioner Spalding moved support of the proffered resolution, and it
was seconded and adopted unanimously (7-0-0).
Under the BZA and DDOT section of the agenda Commissioner
Spalding requested support for a Public Space application for a pay phone at
997 Florida
Ave.
Commissioner Spalding said that he had spoken with the building owner and
nearby residents, and all said that they had no past difficulties with the phone
in this location and no objections to it remaining. Commissioner Spalding moved support, and
it was seconded and adopted unanimously (7-0-0).
Commissioner Hammonds addressed Council Bill 15-398 “Closing
of Two Public Alleys in Square 2868”.
Commissioner Hammonds indicated that she had gone to the square and
identified the two alleys, and the alleys were serving the residents of
Belmont
Street and Nehemia Buildings on 14th
Street.
Commissioner Hammonds said that she had specifically
requested that Councilmember Graham appear and speak to these alley closings
before the affected residents.
Councilmember Graham stated that he had gone to the affected square to
observe the alleys himself. That
what is mystifying about the alleys, and what he could demystify, is the fact
that the alleys in question exist only on paper. Neither alley currently exists, and when
Clifton Terrace was built the alleys ceased to exist except in the paper records
of the Office of the Surveyor. That
as part of cleaning up the legal niceties for Wardman Towers these records of the nonexistent
alleys needs to be cleaned up. The
currently existing alleys in the square are in no way affected by the
legislation. Councilmember Graham
then showed the Commissioners maps of the square indicating the alleys affected
by Bill 15-398. Councilmember
Graham offered to take anyone over to the square to look at the alleys, but
cautioned that they don’t exist and there would be nothing to see. Commissioner Skinner asked why this
closing had to be done, and the Councilmember responded that it was necessary
for the current owners of the Wardman Towers in securing their unencumbered
ownership of the property and could affect their financing. Commissioner Hammonds asked why there is
a sign near the Nehemia property indicating that the alley was going to be
closed, and the Councilmember indicated that that alley would also not be
affected by the Bill. Commissioner
Spalding stated that Commissioners Butler and Hammonds had requested that he
research the bill a number of months ago, and that he had spoken with the law
firm who had requested that Councilmember Graham sponsor the Bill. The finding that these alleys do not
currently exist, that they are simply ‘ghost alleys’ and their removal is simply
a surveying housecleaning detail was reported to both Commissioner Butler and
Commissioner Hammond earlier this summer.
Commissioner Guyot stated that Commissioner Spalding had not cleared up
anything to his understanding.
Commissioner Skinner stated that if there’s a concern by the local
residents that that should not allow developers to make changes that will affect
the residents. Commissioner Skinner
stated that the paper could be wrong, and that the Commission should act in
defense of the fears of the local citizens. Commissioner Esters asked what currently
exists in square 2868, and the Councilmember responded that there are houses,
Wardman
Towers and Nehemia and two
alleys serving those properties, and additionally two non existent alleys that
the Bill is meant to address. These
two non existent rights of way affect the legal title of Wardman Towers, and that is why we are going to
these measures to clean up the paperwork.
Commissioner Guyot asked if Commissioner Hammonds was now clear on the
intent of the Bill, and Commissioner Hammonds stated that she was not clear what
would actually take place. I have a
bunch of people who don’t know what’s going to happen. There are twenty-three houses affected,
and the residents of Clifton Terrace don’t know anything about this. I want a motion to go in that we will be
in writing support of these people that these alleys are going to be
closed. I don’t know what’s going
on. We are not accepting what we’re
hearing, we are opposing this. I
see what Jim is telling me, but that don’t clear up anything when they’re having
a hearing down there. Commissioner
Guyot stated that if Mr. Graham is to prevail he will prevail, there’s doubt
(clear and evident doubt) of the people operating in their interest. We have listened to the explanation, but
we should oppose this Bill and testify in opposition. I have never seen a sign that a non
existent alley will be closed.
Councilmember Graham offered to lead a tour for residents of the Nehemia
of the alleys on Monday evening, and to show them where the non existent alley
does not exist. That in so doing
the concerns of the neighbors could be satisfied and that there would then be no
need to oppose the Bill.
Commissioner Hammonds cautioned that the hearing on the Bill is scheduled
for the 21st of October.
Commissioner Esters proposed that if we can clear this up and satisfy the
residents that there is nothing to fear in the language of the Bill that we
should do so. Commissioner Esters
asked if we could empower Commissioner Hammonds to speak to the Bill at the
hearing after getting more information from the Councilmember on the nature of
the proposed changes. And that if
the confusion has been cleared up to Commissioner Hammonds’ satisfaction, and
that there will be no impact on the surrounding communities that Commissioner
Hammonds can speak for ANC1B in voicing no opposition to the Bill. In the event that Commissioner Hammonds
is not satisfied, then Commissioner Hammonds can speak for the Commission in
opposition to the Bill.
Commissioner Guyot spoke in favor of accepting Commissioner Esters
suggestion as a friendly amendment.
Commissioner Hammonds accepted the friendly amendment, and it was
seconded and adopted on a vote of (6-1-0).
In the liquor license section of the agenda Commissioner
Spalding indicated that he had given due notice to the first renewal applicant
Eleven Market, but that a representative was not present. Commissioner Guyot stated that ANC1B
should change its language regarding applicant appearance and
consideration. Commissioner
Spalding indicated that he was in agreement that the Commission’s amended bylaws
should be revisited. The renewal
was tabled to the November meeting.
Commissioner Skinner indicated that there were community
concerns with applicant for renewal Harvard Deli. Selling of single cigarettes and
possible sale to minors were both local concerns. There are also problems with graffiti in
the area that has not been attended to.
The ownership has also not been responsive to citizen complaints. Commissioner Thomas asked if a
representative was present, and there was no one present. Commissioner Guyot stated that we are
precluded from consideration.
Commissioner Esters asked why we can’t consider the renewals if there is
evident concern and opposition from the community, and Commissioner Guyot
explained that the amendment to the bylaws passed in January of this year
requires that ownership be present for any consideration of a liquor
license. Commissioner Thomas
indicated that if ownership was not present we can not consider the
application. Chairperson Thomas
stated that we should consider changes to the bylaws separate from consideration
of specific licenses, and that to do so would be unfair to other
applicants. Commissioner Spalding
indicated that we do take some action on tabled liquor requests. The Commission does send a letter to ABC
indicating that the owners of the application have failed to appear, and that
ANC1B does not support any application when owners refuse to appear. In the letter to ABC we request that the
Board move the applicant’s hearing date forward to allow for consideration at
ANC1B. Commissioner Spalding
suggested that ANC1B put this amendment to the bylaws at the top of next months
agenda. Commissioner Skinner asked
if the Secretary would provide a boilerplate letter that he could use in voicing
his single member districts opposition to the ABC, and Commissioner Spalding
said that he would provide a sample.
Commissioner Esters indicated that we should encourage liquor applicants
to come before the Commission, but that their failure to appear should not
preclude the Commission from voicing support or opposition. Commissioner Thomas requested that the
debate be tabled, and that the Secretary place the issue at the head of the
November agenda.
In the Grant Application section of the agenda Anne
Delhommeau represented Gifts for the Homeless in their application for a grant
of $2,796.00 to be used to purchase clothing to be distributed to: Coalition for
the Homeless, Community of Hope Emergency Shelter, Martha’s Table, McKenna
House, Samaritan Inns, and Upper Cardozo
Health Center all located in ANC1B. The organization is run with volunteered
labor from DC’s law firms, and all funds are spent on providing clothing to
those in need. There is no expensed
overhead, all administrative costs are born by the volunteers and DC area law
firms. An annual clothing drive
collects sorts and distributes used clothing; however, garments like underwear
and socks are purchased in bulk and require that the organization raise the
funds for these purchases.
Commissioner Skinner questioned whether we could buy clothing, and
Commissioner Spalding responded that Treasurer Glover had reviewed the grant
request and thought that it would pass muster with the DC Auditor. Commissioner Spalding added that he was
unclear on the matter of using the Commission’s funds to support charities. Commissioner Wright indicated that he
supported the grant request and could see no reason for any difficulties in
securing support from the DC Auditor.
Commissioner Skinner asked Ms. Delhommeau if they accepted donations from
area businesses, and that if so his dry cleaning business had unclaimed clothing
that he would like to donate, and Ms. Delhommeau said that they would be
delighted to accept Commissioner Skinner’s donations. Commissioner Guyot moved support of the
grant application, and it was seconded and adopted on a vote of (6-0-1).
Commissioner Guyot introduced former Commissioner Lars Hydle
who is promoting a resolution requesting that PSA boundaries be aligned with ANC
boundaries. Commissioner Hydle
explained that the reconsideration of PSA boundaries is working with the Office
of Planning’s neighborhood clusters rather that the ANC boundaries, and that the
ANC boundaries should be preferred for their legal status, familiarity to the
populace, and ease of aligning the PSA meetings with the ANC calendar. The ANC’s have already been given the
responsibility of reporting to the agencies of the city government including
those dealing with public safety.
Commissioner Hydle offered a draft resolution that had been acceptable to
other Commissions, and requested ANC1B’s support. Commissioner Spalding stated that there
is a disparity in size of the ANC’s from those representing four thousand people
to those representing twenty-five thousand people, and asked whether the police
would be able to deal effectively with a PSA structure encompassing such
differences. Commissioner Hydle
responded that the current proposal to use neighborhood clusters also
encompassed the same population disparities, and that the police have already
indicated that they would vary the staffing of the proposed PSA’s according to
statistically based demand for police services. Commissioner Spalding stated that he
considered using the neighborhood clusters a last choice and the ANC boundaries
as better, but decried the lack of any suggestion from MPD on possible policing
guided boundaries. Commissioner
Hydle said that MPD has not offered any guidance along these lines, and do not
appear to consider this in any of their discussions of the entire PSA concept or
management. Commissioner Guyot said
that he admired the flexibility of the proposed alignment. It is also important to align the
responsibility for policing with the elected representatives of the
neighborhoods. Empowering the ANC’s
to take more responsibility in public safety in the District is a good
idea. Commissioner Hammonds stated
that the current PSA structure was not effective, and that bringing the weight
of the ANC’s might influence some of MPD’s lieutenants to be more responsive to
their communities. Commissioner
Guyot moved support for the proffered resolution, and it was seconded and
adopted by unanimous vote of (7-0-0).
Commissioner Guyot offered a resolution supporting full
funding of the DC public schools, specifically requesting that the Mayor and the
City Council provide the full $848 million requested. The motion was seconded and adopted
unanimously (7-0-0).
Commissioner Spalding apologized that he had not had time to
craft a resolution dealing with work by DDOT on alleys in the historic
districts; however, he requested permission to draft a letter to DDOT addressing
the lack of input and sensitivity to historic streetscape. This is the result of a terrible
decision by DDOT in replacing the alleys inside the square bounded by S, T,
11th and 12th Streets. Someone complained that water was
puddling in the alley, and DDOT used their specifications for all alley
construction and proceeded to tear out two historic brick alleyways and cement
them in contemporary fashion. The
surrounding residents did not want the alleys changed, and neither the residents
nor ANC1B were consulted about the proposed changes. Cementing this alley was not needed and
was done at considerable expense to the District. Resident Robert Aagre described the lack
of notice and lack of support from the neighbors. Mr. Aagre also indicated that after the
cementing the same puddle appeared in exactly the same location, and when
alerted DDOT stated that “maybe a drain would have worked better.” Mr. Aagre stated that exactly the same
procedure happened with the sidewalk facing 12th Street this week. The brick sidewalk was replaced with
cement less than three years ago, and this week DDOT had to return and replace
the cement replacement sidewalk.
This represents $140,000 in unnecessary and unwanted work done by DDOT in
this square in the historic district.
Commissioner Guyot stated that these replacements could not be done
without approval by residents, and Mr. Aagre responded that they had not even
been consulted, and that a petition signed by all the neighbors had already been
sent to DDOT earlier in the year.
Commissioner Guyot indicated that they should contact DDOT’s Ward 1
Planner Callistus Nwadike and get some brick. Commissioner Spalding and Mr. Aagre
indicated that they had been in constant contact with Mr. Nwadike, and that he
had not been able to give any assistance.
Commissioner Guyot said that Nwadike would respond to our request. Commissioner Spalding stated that he had
spent hours haranguing Mr. Nwadike about this situation, and that he had gotten
no satisfaction. Commissioner
Spalding requested permission to write a letter to DDOT Director Tangherlini
requesting that alley improvements in the historic districts be temporarily
halted, and Commissioner Guyot asked that notification of the affected residents
or ANC’s be included. Commissioner
Guyot proposed that ANC1B request of Mr. Nwadike that the affected alleyway be
restored. Commissioner Spalding
stated that contemporary brick was not the same as the original alley
composition, and asked Mr. Aagre if replacement with contemporary brick would be
acceptable, and Mr. Aagre stated that contemporary brick would indeed be
preferable to the current cement.
The resolution offered by Commissioner Guyot regarding the replacement of
the cement with brick and the request for a letter to Director Tangherlini
offered by Commissioner Spalding were seconded and adopted unanimously (6-0-0).
Commissioner Guyot requested support from the Commission to
represent the Commission in hearings regarding HAVA and the right of non
citizens to vote in local elections (both passed at ANC1B’s September meeting),
and it was seconded and adopted unanimously (6-0-0).
Kurt Badenbaugh of the Temple Group presented designs for the
Columbia Heights
Community Center proposed
for the Department of Parks and Recreation at 1480 Girard Street. Commissioner Guyot moved support of the
project. Commissioner Spalding
complained about the lack of notice and consideration with no preparation. Commissioners expressed disappointment
with Commissioner Wilson for not giving ANC1B adequate background, review or
notice. Commissioner Guyot’s motion
to support was adopted unanimously (6-0-0).
Meeting adjourned.