PLEASE NOTE: Some items on this agenda will be considered on the consent agenda. An updated full agenda with items assigned to the consent agenda and regular agenda will be posted on Friday, March 6, 2015. At regular Commission meetings, any item may be removed from the consent agenda and placed on the regular agenda at the request of a single Commissioner. All ABC, BZA, Zoning, and Historic Preservation cases on the consent agenda will be fully discussed at the appropriate monthly committee meetings. Late-breaking ABC, BZA, Zoning, or Historic Preservation cases may be added to this agenda. For additional information, call 202-543-3344, e-mail office@anc6b.org, or visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Monday, April 20, 2015.

ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE March 10, 2015, 7:00 p.m.

AGENDA

1. Adoption of Agenda (5 minutes) 2. Community Speakout (15 minutes) 3. Community & Commission Announcements (5 minutes) 4. Consent Agenda (5 minutes)

Minutes February Planning & Zoning Committee HPA #15-127, 146 13th Street SE, concept/rooftop addition: Hubert & Jennifer Schoemaker &

Ali Honarkar BZA #18961, 1733 D Street SE, pursuant to 11 DCMR § 3104.1 for special exception under

§ 223, not meeting lot occupancy requirements under § 403, & nonconforming structure requirements under § 2001.3 to allow enlargement & enclosure of existing garage in R-4 District, BZA expedited review – Tuesday, March 31, 2015: James & Erin Boyd & Stephen duPont, Jr.

BZA #18948, 1023 East Capitol Street SE, pursuant to 11 DCMR §§ 3100 & 3101, appeal from October 29, 2014, decision by Zoning Administrator, Department of Consumer and Regulatory Affairs to issue Certificate of Occupancy #CO1500286 to allow first-floor retail establishment in R-4 District, BZA hearing – Tuesday, March 17, 2015: Marie E. Birnbaum, John Kuykendall, & Charles Hudman

BZA #18971, 317 9th Street SE, pursuant to 11 DCMR § 3103.2, for variances from lot occupancy requirements under § 403, open court requirements under § 406, & non-conforming structure requirements under § 2001.3 to allow construction of rear addition to existing single-family dwelling in R-4 District, BZA hearing – Tuesday, April 7, 2015: Nicholas Nowak & Kim Jones

Letter of support for Capitol Riverside Youth Sports Park 5. Presentation (10 minutes)

Nuisance Properties Overview: Rashee Kumar, Neighborhood and Victim Services Section, DC Office of the Attorney General

PLEASE NOTE: Some items on this agenda will be considered on the consent agenda. An updated full agenda with items assigned to the consent agenda and regular agenda will be posted on Friday, March 6, 2015. At regular Commission meetings, any item may be removed from the consent agenda and placed on the regular agenda at the request of a single Commissioner. All ABC, BZA, Zoning, and Historic Preservation cases on the consent agenda will be fully discussed at the appropriate monthly committee meetings. Late-breaking ABC, BZA, Zoning, or Historic Preservation cases may be added to this agenda. For additional information, call 202-543-3344, e-mail office@anc6b.org, or visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Monday, April 20, 2015.

6. Appointment/Renewal of Task Force Resident Members (5 minutes) Hill East Task Force Julianne Bythrow, 303 17th Street SE (Flahaven 6B09) Jason Getz, 2 17th Street SE, #206 (Krepp 6B10) David H. Kamens, 236 9th Street SE (Hagedorn 6B05) Pat Taylor, 323 17th Street SE (Flahaven 6B09) Outreach & Constituent Services Task Force Elizabeth Schulman, 236 9th Street SE (Hagedorn 6B05)

7. Election of Task Force Chairs (10 minutes) 8. Alcohol Beverage Control Committee

ABRA-071793, 14-PRO-00079, The Ugly Mug Dining Saloon, 723 8th Street SE, substantial change request for expansion of second floor & addition of 144 seats, changing total capacity to 242, ABC Board protest hearing – Wednesday, March 25, 2015 (30 minutes)

9. Planning & Zoning Committee HPA #15-255, 515 7th Street SE, new garage: Sonya Sweek & Fredrick Holl (late-breaking) (5

minutes) BZA #18964, 1220 Potomac Avenue SE, pursuant to 11 DCMR § 3103.2, for variance from

minimum number of required parking spaces provisions under § 2101.1 to construct eight-unit apartment building in R-5-B District, BZA hearing – Tuesday, March 31, 2015: 1220 Potomac Avenue SE, LLC, Todd Ragimov, Ramy Ali, & Toye Bello (20 minutes)

Letter commenting on Eastern Branch Building redevelopment proposals (5 minutes) 10. Transportation Committee Report (5 minutes) 11. Hill East Task Force Report (5 minutes) 12. Eastern Market Community Advisory Committee Report (5 minutes) 13. Authorization of & Reports on DC Council Oversight Hearing Testimony (10 minutes) 14. Resolution Regarding Pet Waste Removal Sign (5 minutes) 15. Financial Matters

Treasurer’s report (5 minutes) FY15 budget amendment for land line phone service (5 minutes)

16. Personnel Matters (10 minutes) 17. Adjournment

ADVISORY NEIGHBORHOOD COMMISSION 6B

REGULAR MEETING Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE

February 10, 2015, 7:00 p.m.

MINUTES

Commissioners Present at 7:00pm: ANC 6B Chairwoman Oldenburg, Flahaven, Hoskins, Krepp, Loots, Burger, Hagedorn, Jayaraman, Burger

1. Adoption of Agenda Krepp requests consent to remove Agenda Item #15 Re: Pet Scoop Sign until March meeting. Jayaraman requests consent to add as 6B08 Resident Members, Carol Grissom to Trasportation Cmte, and Christian Alexander to Planning & Zoning Cmte.

Samolyk requests unanimous consent to pull Rock and Roll Marathon off consent agenda, due to changes in route. Krepp notifies commissioners she has questions for Marathon organizers. Oldenburg suggests moving Rock and Roll Marathon as Agenda Item #11. Jayaraman, motion to approve amended agenda, 2nd by Hagedorn 10-0, approved. 2. Community Speakout

Cheryl Morse, Consumer Outreach Specialist, Office of People’s Counsel (OPC) Ward 6 Specialist:

Addresses audience and Commissioners: OPC is consumer advocacy agency with oversight of DC utility issues- eg. Pepco, Washington Gas, rate increases, quality of service, underground maintenance. Distributes OPC pamphlets to commissioners and audience members and informs all that public comment period on Pepco/Exelon merger is solicited and taken until 4/29/15.

Robert Brannum, representative from D.C. Homeland Security Emergency Management Agency. Provides contact email address: Robert.Brannum@dc.gov

Krepp asked Mr. Brannum for briefing for residents about emergency procedures for Metro Rail and entering/exiting Metro Stations; asked where federal Dept. Homeland Security grants are being used by WMATA. Brannum requests Krepp to send him an email with questions.

Representative from DC Public Schools, Office of Public and Family Engagement Ward 5 and 6, community engagement work, would love to speak with any interested individual.

3. Community & Commission Announcement

Flahaven - Thurs 2/12/15, ANC 6B Hill East Task Force Meeting, 6:30p, St. Colleta Church – Agenda : Eastern Branch Boys and Girls Club building feedback. Looking to hear from neighbors and get input.

Hoskins - EMCAC Wed 2/11/15, 630pm to discuss review of applicants and regularly scheduled EMCAC meetings.

D.C. Mayor Bowser Enters –

Oldenburg welcomes Mayor and asks for remarks.

Bowser - February outreach and Senior Staffing: Rashad Young – City Administrator; comes to district

managed 3 other cities. Jennifer Niles - Deputy Mayor for Education; Brian Kenner – Deputy Mayor for

Planning and Economic Development; Brenda Donald – Deputy Mayor for Health and Human Services;

Kevin Donohue – City Administrator. More staffing appointments to come – currently conducting

national search for fire chief.

Inherits successes and broken promises from prior administration. Spent last 45 days assessing. Budget

deficit for 2016 estimated $240 million dollars. Will reassess how $12 billion budget is being spent.

Housing and jobs are chief issues - growing concerns about how expensive city is becoming on regular

salary to afford housing. Upended typical annual budget process and will hold 3 budget forums

beginning Feb. 19th

to kick off the budget writing process in 2015.

Metro disaster with one fatality allows re-examination of what is not working within emergency system,

but feels strongly departments responded quickly and bravely.

Forging new set of relationships with Congress to ensure proactive relationship from Mayor’s office.

Met with Speaker Boehner and Chairman Jason Chaffetz; will meet with Reps. Gerry Connelly and

Mark Meadows. Can focus and work with Republican controlled Congress on the many important

issues other than voting rights and statehood that exist, e.g., national park land usage and US GSA

building management.

Q&A

Marcie Hill – Requests Mayor to stop Hine development and questions Eastbanc’s qualification for

subsidies. Bowser: project is too far along and would be very difficult to restart.

Commissioner Flahaven – Question re: Usage for DC General. Bowser: Too big to be used as

emergency shelter, but cannot solve the issue this winter, and unsure if on track to solve the issue by

next winter. Recruited Laura Zeilinger tasked with overseeing closure of DC General. Must address

causes of homelessness, including job training, and one size does not fit all. Bottom line in addressing

homelessness is identifying bottom line always.

Commissioner Chao – Question re: Assistance to work w/ DDOT, support for Motor Vehicle Collision

Recovery Act, and management of Potomac Gardens. Bowser: Hoping new Director of Environment Department Tommy Wells can help on transit issues, encourages working with representatives Frank

Maduro and Seth Shapiro to come up with “hotlist” for DDOT to consider. No set date for street car to

launch. Potomac Gardens not currently included in any renovation plans.

Commissioner Hoskins – Dialogue re: education and grade schools is a front burner issue. Parents are

banding together to move and support making reality “destination middle schools” and urges Mayor to

continue supporting investment in middle schools. Bowser: understands community wishes to stay in

feeder schools, will have to engage in tough conversation with councilmember Allen.

Commissioner Krepp – Introduces two audience members: Francis Campbell & Janice Gordon – doing

amazing work on community action group building on 15th

and independence SE, extends invitation

once building is completed for Mayor to visit. Bowser accepts invitation.

Francis Campbell – Have lived in neighborhood for 37 years, and used to work in DC General. Re:

Homeless shelter, redevelopment had been discussed for entire site and now Blue Sky project focuses on

a portion. Is there a way to push further development of the site? Although technically in Ward 7,

however it has been sitting since 2003 and right now there’s nothing being done. Bowser: It is on list of

big city projects that are not easy to develop. A number of projects that are this big, will have to get

smaller parcels developed to demonstrate viability of larger parcels. Have not decided if she will put out

another RFP, or look at a smaller Donatelli project.

Ken Jarboe – Testified in favor of Donatelli project. (need help with what Jarbo said next) Mentions

Archibald Hall, a historic property, has been sitting unattended for yearson Reservation 13. Bowser:

Will put on list.

Commissioner Samolyk – Quality of Middle Schools critical issue for all and have been approached by

many parents concerned with Jefferson. Have personally met with Jefferson’s principal and feels school

is making great strides. Recently learned that Jefferson will lose after school grant funding because its

scores are improving and will no longer qualify for grants. What can we do to work to address funding

and quality of schools? Bowser: wants to hear more about what Capitol Hill families want for Middle

School options. Leadership at Jefferson is what we got right, great principal is where it all starts, along

with committed parents. Capitol Hill have that spirit of having accomplished at elementary level with

schools that work for us, and encourages Hill residents’ students to continue onto Jefferson and so we

can transfer progress of improvement to middle school grade levels.

Mayor Bowser Exits. Commissioners continue with Announcements

Commissioner Jayaraman introduces constituent Jacob Dradowski, eagle scout candidate with Capitol Hill Boy Scout troop 500. Dradowski is a junior at School Without Walls and present at ANC meeting to earn one final merit badge before attaining eagle scout status. Jacob’s final project relates to the

community service and is soliciting suggestions; asks audience to reach out to Jacob or contact the commissioner should anyone wish to suggest ideas.

Chair Oldenburg – CSX VA Ave Tunnel Project planning is underway. Held first community meeting this past week and most important take away: any owner of a building near the tunnel construction needs to apply for pre-construction inspection. If damage happens during course of construction, need to have baseline to file a claim. Go online, fairly simple process. Have handouts for those interested.

4. Consent Agenda With removal of Rock and Roll Marathon, Flahaven moved, 2nd by Hoskins. 10-0 approved.

5. Presentations

Charles Allen, Ward 6 Councilmember

General Update:

5 weeks on job, visiting ANCs to exchange dialogue, learn and hear, inform of work. Proud of staff team for Ward 6. Naomi Mitchell, community liaison, Chief of Staff Laura Marks, Nichole Opkins General Counsel, Ann Phelps, Legislative Director, Jamal Jordan, Director of Constituent Services. Myisha Atchison –front desk & face of office.

Tried to hit ground running, set record number of introduced bills on first day as freshman council member. Co-introduced pedestrian / bike safety, make sure people who are injured are taken cared of. Also introduced small business incubator bill – create job. Books from Birth – bill receives co-sponsorship by all council members. Bill aims to provide books to children up to 5 years of age to encourage early child literacy.

Jan. 12 metro incident in L’Enfant Plaza both scary and tragic as someone who takes metro to and from work. Hearings so far have exposed a lot of problems after talking with firefighters, and about radio encryption. Firefighters made gut decisions and saved lives without critical information and all first responders did a great job. FY ’15 Budget $80m gap and projected to $250m gap next fiscal year. DC in great fiscal health, but will have to make decisions to address the budget gap. Have confidence we will settle it.

Q&A

Q: Walkable livable concept is disappearing on Capitol Hill with dominance of restaurants; any thoughts on incentivizing non-food businesses to stay on Capitol Hill?

Allen: This is a district wide issue and as staff to Wells, personally worked on retail incentive program. Economic reality is that one can charge more rent per sq ft for liquor licensed business than non. Former mayor had made grants to for retail businesses reimbursable grant thus a business had to front 85k and then get reimbursed and not many participated.

Q: VA Ave Tunnel – Concerned with possible hazardous materials during construction and after.

Allen: No hazmat materials should exist during construction. City needs to think through rail safety and he has co-introduced legislation on rail safety.

Q: Potomac Gardens maintenance.

Allen: Any form of re-development should be one unit for one unit.

Q: Enforcement of LEED building code by city is lacking.

Allen: Will work with Director Wells and see what kind of role Department of Environment can play.

Q: Quality of Middle Schools.

Allen: Will push for capital investment – Have many middle schools in Ward 6 that need investment now. Ward 6 is largest council member district and most populous. Very honored to represent Ward 6’s Capitol Hill community.

Hine School Redevelopment Project Update: Matt Harris, Stanton-EastBanc

Harris: With no more regulatory delays, first act is to remove hazardous materials March 2015 through April. Demolition starts April 15th through May. Excavation begins June 2015 of this year, with vertical construction after. Target opening date is June 2017. Informs audience of communication with neighbors, construction hotline, website for project, tabletop issue w/ flea market. Clark construction is general contractor. Trucking routes set up call for material to go out Penn Ave to 11th Street, or Penn Ave to 295. Will give 60 day notice of transition of flea market site. Western Pest engaged with intensified 30 day, monitoring rodent activity, installing stations inside and outside. Have to provide a plan to Dept of Environment before site demolition.

Q&A:

Jayaraman – Discussion w/ Fragers currently using pad. Western pest company – expect baiting sewer lines as well?

Harris: Re: Fragers, gave notice to vacate 3/22 per notice of agreement. Re: Rodent, Western Pests heavily rely on expertise for mitigating rodent during transition, will make the issue and address sewer line concerns next week.

Krepp- Very concerned that upon speaking with vendors past weekend, many are unfamiliar with development plans. What is the plan to ensure all vendors are informed?

Harris: rely on flea market managers themselves to communicate with vendors. Will be happy to communicate with appropriate channel. Can post plan to website. Krepp – Please do. People need to have better understanding as businesses who need this supplemental income. Hoskins – Have also been engaged w/ Carol, Mike, developers, thanks Krepp for raising concerns. Need to ensure communication is happening.

Ken Jarboe – Rodent abatement process; specifically concerned about impact once digging begins. Urges Harris to speak with Western Pests to plan for a significant amount of rodent abatement once digging begins.

Chao – Requests more details on excavation process and transport of debris.

Harris: Roughly 10,000 round trips (20,000 one way) by trucks over 9 months. One truck carries typical 4 yard load. Will select excavator before identifying where material will be hauled to, then move to identify trucking route and post on website. Two currently designated routes are Penn Ave SE to Sousa Bridge or Penn Ave SE, south on 11th SE.

Loots – Is construction management agreement and trucking routes on website?

Harris: Yes construction agreement, no re: trucking; will post as its developed.

Hoskins – Commissioner Hagedorn and herself will stay involved throughout the process on the community advisory committee.

5. Election of Committee Chairs

6B Chair Oldenburg names and describes committees and talks about monthly meeting, occurring first week of the month. Nomination for Chair of Planning and Zoning Committee. Jayaraman nominates Burger. By acclimation, approved. Nomination for Alcohol and Beverage Committee – Samolyk nominates Jayaraman. By acclimation, approved. Nomination for Transportation Committee – Flahaven nominates Oldenburg. By acclimation approved.

6. Appointment/Renewal of Committee Resident Members

Chair Oldenburg points out listed names on agenda, requests voting to approve all names en bloc. Flahaven offers motion to approve list of all resident members as amended. 2nd, Burger, 10-0 approved.

Resident Members ABC Committee: ClairePalace, 920 G Street SE (Oldenburg 6B04) Vincent Iannacchione, 822 C Street SE (Hagedorn 6B05) Laura O’Neill Kaumo, 1391 Penn Ave SE (Chao 6B07) Planning & Zoning Committee Ivan Frischberg, 620 D Street SE (Hoskins 6B02)

Kenan Jarboe, 911 E. Capitol Street SE (Hagedorn 6B05) Ryan Danks, 1418 G Street SE (Burger 6B06) Laura O’Neill Kaumo, 1391 Penn Ave SE (Chao 6B07) Brynn Barnett, 1802 Bay Street SE (Krepp 6B10) Christian Alexander, 1442 Independence Ave SE (Jayaraman 6B08) Transportation Committee Jerry Sroufe, 129 6th Street SE (Hoskins 6B02) John Manley, 767 10th Street SE (Oldenburg 6B04) Neil King, 233 ½ 9th Street SE (Hagedorn 6B05) Laura O’Neill Kaumo, 1391 Penn SE (Chao 6B07) Keith Smith, 803 17th Street SE (Flahaven 6B09) Carol Grissom, 1338 A Street SE (Jayaraman 6B08)

7. Establishment/Renewal of Task Forces

Hill East Task Force

Flahaven– Hill East Task Force focus on development and issues related to Hill East. Proposed resolution establish this task force through 2/2016.

Flahaven motion to approve, Hagedorn 2nd, 10-0 approved.

Outreach & Constituent Services Task Force

Oldenburg – Jurisdiction for this Task Force is very general so to be flexible in addressing our constituents’ needs. E.g., prior oversight on vacant buildings, improvement of ANC website, Potomac Gardens internet connectivity. Proposed resolution would establish this task force through 2/2016.

Flahaven motion to approve, Jayaraman 2nd, 10-0 approved.

7. Proposed Amendments to Bylaws & Standing Rules to Permit Resident Members to Serve as Chairs of Task Forces

Flahaven – This suggested change, posted at least two weeks prior to the meeting, would allow a Commissioner or any Resident Member to serve as Chair. Article 7 Sec 2, is where a change in existing text occurs. Offer amendment after “shall be elected by commission” add “subject to outlined criteria in standing rules…” listed on page two of document.

Krepp – Receives clarification from Flahaven and expresses support for adding “elected”

language; allowing any commissioner to not have to choose between multiple candidates from their single member district but instead allows for a democratic race to take place.

Oldenburg – Offers friendly amendment to Article 7a – inserting “select a commissioner or resident member as vice chair” Flahaven accepts.

Flahaven move bylaws amendment as amended. Hoskins 2nd, 10-0 approved.

Flahaven - Standing Rules – Condition in standing rule – on page 2, posted online as well at least two weeks prior to meeting. Lays out process for election, requirement for resident to serve as Task Force chair, include section that talks about designated member of commission to serve as official liaison.

Oldenburg - Offers friendly amendment – under #3 in proposed standing rule, “if no

commissioner is interested in chairing….” Removed “at least one year”. Flahaven accepts.

Flahaven Motion to approve changes to standing rule as amended. Samolyk 2nd 10-0 approved.

10. Alcohol Beverage Control Committee

ABRA-071793, The Ugly Mug Dining Saloon, 723 8th

Street SE, substantial change request for

expansion of second floor & addition of 144 seats, changing total capacity to 242, ABC Board protest

hearing – Wednesday, February 25, 2015

Flahaven – Requests waiver of reading ABC report, agreed by all commissioners. In midst of protest, Commissioner Loots working with neighbors & applicants on proposed settlement agreement. Items changed from initial settlement agreement. The committee’s recommendation

was to take no position pending negotiation. If ANC approves settlement agreement this evening, new law would automatically dissolve protest by Group of 5. Adjacent protest by neighbors would continue.

Hoskins – Request commission to vote on the matter accepting protesting parties’ request for

continuance prior to deciding whether or not to accept settlement agreement.

Flahaven – Because the ANC does not currently have an official position on the matter, any commissioner can offer that motion after initial debate.

Loots – Background on negotiations - Conclusion of last Thursday’s committee meeting (2/5), a list of requests, concessions were received and discussed yesterday (2/9) afternoon. Followed up with attorney Bianco and the applicant to review requests. Applicant agreed tentatively to majority of, 10 out of 16, requests. Limiting hours of sidewalk café, concession to limitation on time of service, more trash pick-ups. Also circulated a print out of “table” that shows what was

requested by ANC and what was agreed to by the applicant. New provisions that were marked for changes and distributed this afternoon to SA agreed to by applicant. 2/25 protest date, put off to March and ABRA postponed the protest hearing to late march without consulting or informing ANC. Convinced based upon a month of negotiations that the agreement is as comprehensive as possible. If we do not act in timely manner, economic concessions made to achieve resolution we have now may not be on table a month by now. The original intent to facilitate negotiations with neighbors and applicant was to allow applicant to proceed with

expansion in timely manner incorporating neighbors’ requests. Re: additional technical data – acoustical evidence looks to be consistent with what was said verbally. Now available as part of the record.

Jablonski – New technical details are delivered and representative from company to build new retractable roof Mr. Adam Ford is present, and available to take questions.

Jayaraman Question for Jablonski – Can glass be thicker? Jablonski: Glass to be installed will be thickest available.

Hoskins - Can we hear from protesting parties to get status, request to hear from neighbors, as attorney Bianco is not present.

Loots – One of the concerns expressed in Bianco’s letter – skepticism about noise containment and query as to rather roof as built will conform with settlement agreement. Asked Adam Ford, glass ceiling vendor to speak and present.

Ford - Provides document of report, speaks about single v. double layer. Held open house, only one person showed up. Also provides documented proof of results from Ocean City client, who no longer had any noise complaints from neighbors after having roof installed by Ford’s

business.

Oldenburg asks for a representative from group of 16 since Bianco is not present. Linda Elliott speaks for Group of 16.

Elliott – not all requests were included. Elliott speaks to “broken down process” having a group of neighbors representing commercial and residential present of broad spectrum of concerns. 300 block of 8th street petitioners stress what we do tonight due to the new law in terms of settling is a game changer for ANC 6B. It is all about precedent as this application is the first proposed retractable roof, on residential side, open all year round, 30 feet from a resident’s

bedroom, with two apartment buildings also adjacent.

Oldenburg – Have heard this point of concern many times before from Group of 16. We, the ANC, cannot negotiate with 16 individuals, but have to negotiate with leadership of group of 5.

Elliott - Asks for a small subcommittee - group of individuals who can join Loots to continue renegotiating. Continue discussion of issues of life, safety and health that have not been fully explored by ANC. Still trying to get info re: Jablonski’s business following DCRA standard

procedures, e.g., potential exhaust fan violation.

Loots - Issue of life safety and health have always been evident and the protest hearing had been scheduled since November of last year. Questions why issues raised now weren’t apparently raised prior to the past 10 days. Issue of ABRA is one – should take action one way or another tonight.

Point is moot if ultimate decision is to enter into settlement agreement and eliminate protest hearing among parties. Have been in repeated contact with Myles Doherty and he has reviewed proposed settlement agreement and has indicated repeatedly that if ANC approves he will withdraw his protest.

Elliott –Have submitted FOIA beginning of January, communicated w/ DCRA re: sound test, exhaust fan, and noted greasy exhaust fan one of greatest risk of fire. Jablonski had fire in one of his businesses, and was grease related.

Request left off table chart distributed by Loots include points Re: No TV, Speaker in atrium area. Another item of concern was Jablonski not being forthcoming with his plans, consultants upon inquiry from neighbors.

Oldenburg – the ANC has heard all of this for months and feel at this point agree w/ Loots. Settlement agreement we have today is the best we are going to get whether we have another month or not to decide. It is unfair to a business owner for us to keep dragging this out. His (Jablonski’s) attorney has agreed to the continuance. Have heard a lot of talk miscommunication and accusation of ANC member’s conflict of interest. This is getting in the way of constructive dialog on a Settlement Agreement so I would vote for the continuance if someone moves to have this on the table. I understand the sensitively in community.

Jablonski – The consent was done in act of good faith because we have 7 new commissioners on the ANC board and the decision should be made by all informed ANC members. Also we knew this ANC hearing would be before any other protest dates. It was an act of good faith, but offered not as opening of door to lose another potential month of revenue while everyone sits around and discuss the same points ad nauseam.

Krepp – Thanks all participants from both sides. Spent a lot of time on communication. Supportive of the continuance because would hope couple extra weeks could provide resolution, with decision made no later than 3/10.

Flahaven – When case first arisen last year, tried best to communicate with all parties. If we support continuance, would be concerned about losing negotiated items. Believes this is a good agreement and the intent is to sign off. We do not wish to go to a protest hearing. Need to request good faith and understanding from all, and that is a big ask. It would be damaging to the commission to use new local law to vanquish protest in this fashion. Very frustrated that with every meeting, new criticisms and points of contention is lobbed at settlement agreement and the project. However, believes best interest is to support continuance and take it up in March meeting, but not spending two hours on the matter – just to vote up or down and be final.

Jayaraman – Two points. 1. Point brought up about no music and TV on second floor by Elliott. Ugly Mug is sports bar; it is his business. You are telling him you cannot have a sports bar, and this contradicts business plan. 2. The settlement has come a long way. Only thing absent is handling of trash.

Oldenburg –The trash shed issues will be handled under the Public Space application and that matter will not come before the Commission until after 3/10.

Burger – If we do indeed vote for continuance, and with one more month of discussion, there would be more proactive engagement on all side. As we currently have structure of active engagement, would hope that we avoid a last minute 11th hour surge of new information.

Hoskins – Motion ANC agree to continuance and establish publicly noticed review/meeting outstanding neighborhood concerns. Ensure neighbors to receive notice. Not sure if we have received all information and all issues raised throughout the process, thus we should provide at least one public meeting outside of the committee. Krepp 2nd.

Oldenburg - ABC committee in March is publicly noticed. Unsure how another publicly noticed meeting on this subject from the ANC would add to the process. There is a commissioner leading this effort, a committee of 5, and a group of 16. Negotiations are ongoing.

Flahaven - Offers amendment to strike motion and move to continuance. Would rather meetings happen between the parties.

Hoskins - Interest in this case due to a broader issue than just nearby neighbors of Ugly Mug. Number of her own constituents on the 200 block of 8th street, SE started a petition expressing support for fellow neighbors by barracks row and are concerned with the case’s impact on

future development in 6B.

Chao – Not all residents are in agreement; constituents of 6B07 east of 11th SE differ and either would not have an opinion on this issue or would prefer to patron Ugly Mug until 4am if possible.

Motion on table is Flahaven amendment to amend Hoskins motion and move to continuance. 2nd Jayaraman.

Loots – Requests that in addition to postponing consideration of settlement agreement, ANC communicate to ABRA our consent to the Groups’ pending motion to ABRA to continue protest

hearing now scheduled for February, conditioned on the re-scheduled protest hearing being set for a date after our next meeting.

Hoskins motion as amended, Krepp 2nd. 7-0-3 approved.

Votes in favor: Oldenburg, Flahaven, Hoskins, Krepp, Hagedorn, Burger, Jayaraman. Votes to abstain – Chao, Loots, Samolyk.

11. Planning & Zoning Committee

Rock ‘n’ Roll Marathon & Half Marathon, Saturday, March 14, 2015, Diane Romo Thomas

Diane Romo Thomas present to answer questions about change in marathon route. Day after Committee presentation, received word from US Capitol Police that races are not allowed on Capitol Ground on Saturdays, thus losing half mile of planned course. The marathon planners re worked a new route with MPD, Fire Dept., Homeland Security and established a new route.

Samolyk – outreached to Bill Phillips and worked out new schedule. No bands on East Capitol or 3rd Streets; bands at S. Capitol by the freeway.

Krepp – Have you reached out to DDOT to talk about parking enforcement and behavior enforcement.

Thomas - Working w/ councilman Allen’s office to ensure DDOT have enforcement.

Krepp - Traffic question – Would not wish to inconvenience neighbors; please publicize as much as possible where drivers can cross or should avoid.

Thomas: Hillrag will publish info. Urges publicity.

Chao – Inquires about signage local streets on local streets; notification by signs with flashing texts.

Thomas – Complicated issue but plans to bring in private sign equipment to notify.

Samolyk Motion to support Rock and Roll Marathon and Route. 2nd Hagedorn, 10-0 in favor.

HPA #14-183, 639 Pennsylvania Avenue SE, storefront alterations: Jim Pandula

Hoskins – Held productive discussions re: lighting, security cameras. Unresolved issues re: signage, front façade, rear façade, trash handling. Have not had chance to review additional comments from tenant on trash.

Pandula – Re: Signage by tenant, will work w/ ANC and tenant as liaison. Shared email with Francis McMillen at HPO and has seen overall layout of where signs will go. General hours are noted, frequency of trash 3 per week, but could be more, or less. Location of dumpster still same. Agreed to not add frosting to store front window, limit number of signs to 2, size 24x36 signs.

Hoskins – Just seeing some documents for the first time. Interested to hear from neighbors and received one email, and knows of a neighbor who claims fence on property has been detached leading to significant security risk.

Jayaraman – Although a planned 7-11 store is not technically a restaurant, issues with trash, maintaining clean sidewalk, limitations on glass containers, etc., issues typically raised with restaurants, still applicable. Technically because it is not a restaurant, ANC does not have enough leverage to advocate for impacted neighbors, on issues just expressed, but should. Can 7-11 provide more assurance to us other than “doing the best we can to tell staff to monitor

cleanliness of property and area? Would like to see a more robust plan and commitment from 7-11.

Pandula – Slightly confused about discussion because 7-11 is not a restaurant. Business will comply with regulatory guidelines and cannot predict items like frequency of trash pick up necessary.

Hoskins – Brings up issue of indoor trash storage, requests sitting down with vendor to converse, explore sealed compactor as alternative.

Oldenburg – Because this is an Historic Preservation case, what we have before us, under ANC jurisdiction is strictly façade and signage. Trash issue will have to be worked out w a MOU. We can’t go to HP to talk about trash issues. We can inject later in the stage our concerns and issues with food/trash/cleanliness.

Adjacent Neighbor present – Encouraged by tenant willing to work with neighbor and encourages any positive direct engagement.

Pandula – We are not stopping the process of dialogue and will continue to engage with

neighbors.

Krepp – Is there a way to conform to Georgetown 7-11?

Pandula: Have used Georgetown store as example. And also open to backlit sign as an option.

Hoskins - Motion to support application with condition that they continue discussion with ANC especially regarding issue with trash maintenance, recognizing that it is not relevant to HP, but that it remains a key issue. 2nd Flahaven.

Oldenburg – Suggest adding sentence in writing we have had discussions with applicant and neighbors and will continue to dialogue on trash maintenance issues.

Hoskins – Also suggest addition to encourage increase wattage for exterior lighting and security letters.

10-0 approved.

BZA #18937, 1401 South Carolina Avenue SE, pursuant to 11 DCMR § 3103.2, variance from lot occupancy requirements under § 403.2 to allow conversion of church into flat in R-4 District, BZA hearing – March 3, 2015: Seven Brick Road, LLC, & David McCurdy

McCurdy - Update on discussion of porch and how it interacts with project. Spoke with Office of Planning (OP), would allow moving over a foot.

Next door neighbor Kene Ezemenari present, confirms discussion occurred to address concerns.

Jayaraman – Debris falling on back deck, dust on front porch and potential fence build were points of discussion. Asks neighbor, Ms. Ezemenari neighbor have they adequately addressed concern to this point.

Ezemenari – Not all, but concerned about the ongoing process.

Jayaraman – Assures Ezemenari he is a block away and provides commitment to check in with her on regular basis.

Jayaraman Motion to support 2 variance requests, rear yard exception. 2nd Loots. 10-0 approved.

BZA #18935, 515 7th Street SE, pursuant to 11 DCMR § 3103.2, for variances from lot occupancy requirements under § 403.2 & maximum height & number of stories of accessory structures requirements under § 2500.4 to allow construction of two-story garage in R-4 District, BZA hearing – March 10,2015: Frederik Holl & Sonja Sweek

Burger – Stipulates in BZA the newly constructed addition will not be used as rental.

Samolyk – This case is precedent setting. Raised issue of business/daycare transition to rental. Once we allow this project to move forward, we are not going to police what it turns into. If it does become part of day care, or have renter, we are in essence blessing these type of conversions.

Oldenburg – Over previous years have faced these developments and have been concerned about these types of issues and there are problems in controlling after the fact. Under new zoning adding housing in alleys is going to be easier to be permitted. Yes it is difficult to control, but not precedence.

Loots – Project proposed is located in his alley. Requests the presenter to in 25 or so words describe the project as is curious to what the resident is planning to do.

Holl - Storage space, car and rec room. No interior plumbing work.

Burger – Application submitted is still difficult to review. Don’t see typically received

architectural drawing where structure sits with respect to neighbors. Asks Commissioners going forward to help monitor applicants’ items and flag atypical documents for us so we can address potential issues and ultimately make educated decision.

Oldenburg – Encourage neighbors to continue discussion. Apologizes for time constraint,

Oldenburg motion to support application. 2nd Samolyk. 7-1-2 Approved.

Oldenburg, Flahaven, Chao, Hoskins, Burger, Loots, Hagedorn in favor. Samolyk oppose. Krepp, Jayaraman abstain.

National Park Service Francis Marion Memorial Project National Environmental Policy Act Environmental Assessment

Flahaven – Refers to proposed letter draft offered - gets to the point, addresses issue, but have feeling that concern remain by the SMD Commissioner representing the Park Service Land and adjacent neighbors. Thus Commissioner Loots made revisions. Is uncomfortable with rescinding prior letter sent on the matter in 2014, but supports withdrawal of support expressed in new letter to be sent. Wishes to have Loots, SMD Commissioner 6B03 as sender of letter to NPS. Flahaven reads letter text, which withdraws ANC support and informs NPS the process forward that would either make ANC oppose or support this project.

Offer motion. Seconded by Loots.

Hoskins – Requests neighbors present for feedback.

Peter Glick – Many do not think there should be a memorial in the Park, period, but also questions whether a memorial to Francis Marion is appropriate.

Flahaven – Believes sending new letter is a reasonable compromise now.

Question called by Loots. Vote first on call of question to move us to question.

Oldenburg, Flahaven, Jayaraman, Burger, Hagedorn, Samolyk Loots in favor. Chao, Krepp, Hoskins oppose. 7-3-0 approved.

Krepp – Voices concern neighbors against statue are being railroaded.

Oldenburg - Not last time ANC will consider this case.

Vote on Flahaven motion to support sending letter to NPS. 6-3-1 approved.

Flahaven, Oldenburg, Loots, Jayaraman, Hagedorn, Burger in favor, Chao, Hoskins, Krepp opposed, Samolyk abstain.

12. Transportation Committee

Petition on widening Water Street SE from 18 feet to 24 feet between 11th & M Streets SE

Oldenburg calls vote in support of letter re: widening Water St. SE. Oldenburg, Flahaven, Chao, Hagedorn, Burger, Jayaraman, Samolyk, Loots in favor. Hoskins, Krepp abstain. 8-0-2 approved.

Virginia Avenue Tunnel Project Draft Construction Protection Plan

Oldenburg calls vote in support of letter re: VA Ave Draft Construction Protection Plan. Oldenburg, Flahaven, Chao, Hagedorn, Burger, Jayaraman, Samolyk, Loots in favor. Hoskins abstain. 8-0-1 approved.

13. Eastern Market Report

Hagedorn move we postpone report and individually review the document provided.

14. Authorization of & Reports on DC Council Oversight Hearing Testimony

Flahaven - Would like to vote on two written testimonies circulated, with commitment that changes will make everyone happy.

Flahaven Motion to support testimony for DC Events testimony, 2nd Hagedorn. 9-0-0 approved.

Flahaven - ABRA testimony circulation – again commit to working with everyone and motion to support testimony and empower chair to appoint commissioner to testify. 2nd Jayaraman.

Hoskins - verify comment to be provided will be considered and worked out.

9-0-0 approved.

Flahaven moves support for future texts and testimonies clarifies that all 6B commissioners must approve. 2nd Loots. 10-0 approved.

16. Proposed April Commission Meeting Date Change from Tuesday, April 14, 2015, to Monday, April 20, 2015

Flahaven moves to change. Chao seconds – 10-0 approved.

17. Financial Matters

Quarterly Report

Hoskins – Summary of financial activities that goes to DC auditor is provided and happy to give more information at upcoming working meeting.

Hoskins move to submit quarterly report to DC auditor. 2nd Samolyk, 10-0 approved.

Oldenburg - Thanks former commissioner Pate, Susan Eads Role and Hoskins for their work on the report.

Oldenburg moves 6B write brief thank you note to Mayor Bowser and Councilmember Allen. 2nd Chao, 10-0 approved.

19. Adjournment

Vice Chairman Flahaven move adjourned the meeting at 11:02pm, announces 6B will reconvene next meeting on Tuesday, March 10th.

March 9, 2015 TO: ANC 6B FR: Brian Flahaven RE: Resident Members for March 10, 2015 Agenda The following resident members were submitted for consideration on the March 10 meeting agenda. Outreach & Constituent Services Task Force

Elizabeth Schulman (Hagedorn 6B05) 236 9th Street SE bethgrace@me.com Beth and her husband, David Kamens, have lived at current address for nearly 12 years. She cherishes her neighborhood. She is the Development Director at Public Campaign, an organization that works to rebalance the country’s campaign finance system (and DC’s) to reduce the impact of big money donors. She has worked for more than 30 years with advocacy and media organizations committed to a more inclusive democracy. Most recently, she spent seven years leading development and finance teams at the Institute for Policy Studies. Earlier experience includes stints as Publisher at In These Times, Co-Founder at the Independent Press Association, and Director of Development at Advancement Project. Beth holds graduate degrees in both history and adult education from Northern Illinois University and a BA in history from the University of Cincinnati. Hill East Task Force

Julianne Bythrow (Flahaven 6B09) 303 17th Street SE juli.bythrow@gmail.com I am a five year resident of the District, having lived in SW D.C. for 4 years before moving to the hill last year. I came to the D.C. area in 2009 for law school, and am now an attorney for the federal government, specializing in employment and labor law. My husband and I were drawn to the hill for its unique character and "small town" feel. We are originally from New England, which is well known for its "town meetings," where residents participate in a form of direct democracy. I am interested in participating on the task force because I believe that we are each responsible for building the community that we want to live in. Katie Donahue (Flahaven 6B09) 315 18th Street SE kathryn.lefeber@gmail.com Originally from Wisconsin, Katie has been living on Capitol Hill for the last 10 years. She first came to Washington in 2001 as an intern and loved it so much she moved to the Hill after she graduated from Marquette University. Katie went to University of Wisconsin Law School and has been an attorney for the federal government since 2007. Katie and her husband Ryan, a DC native, moved to their current home in Hill East in August after renting near Lincoln Park for several years. Katie has been involved in the

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community, volunteering with Horton's Kids mentoring program for many years. She is also an artist and paints in her spare time. Jason Getz (Krepp 6B10) 2 17th Street SE,#206 jasonkgetz@gmail.com I have lived in Hill East since buying my condo in 2009. Since then I have served as my HOA President each year and have represented our HOA at community meetings and other engagements for the betterment of the owners in 2 17th SE building. David H. Kamans (Hagedorn 6B05) 236 9th Street SE dkamens@verizon.net I am a 11 year resident of the Hill with a lively interest in its development and future, As a professional sociologist and researcher I know how important public policy is to neighborhood development. I look forward to working for sustainable neighborhood development by serving on this committee. Paul Kidwell (Krepp 6B10) 20 18th Street SE paul.kidwell@gmail.com Paul and his wife Averi moved to Hill East in Spring 2010, purchasing their first home in the neighborhood. Since then, they have welcomed a daughter, now almost a year old. Paul worked on Capitol Hill for just under 10 years and is now employed by a federal agency in the District. Erin O’Neill (Krepp 6B10) 113 16th Street SE erin.c.oneill@gmail.com I've purchased in my Hilleast home since 2002 and continue to live there. While this is my first foray into an ANC committee or task force, I have been an active volunteer for a number of health-related causes, and am currently a government relations professional with the American Cancer Society, where I oversee volunteerism. Nike Opadiran (Flahaven 6B09) 1520 Pennsylvania Avenue SE nopadiran@gmail.com I was born and raised in and around Toronto, Canada. I moved to the U.S. to attend Harvard Law School and I've lived in DC since graduating from HLS in 2007. I moved to Barney Circle in April, having lived in Columbia Heights prior to that time. In my time in Ward 6, I've attended community meetings on the proposed development at 1600 Pennsylvania Avenue SE and the redevelopment of Barney Circle. Given the close proximity of my house to key development activities along Pennsylvania Avenue and my experience in Columbia Heights during its recent transition, I think I'd provide germane and helpful insights. Moreover, and with candor, I've noted a lack of racial diversity in those limited meetings (particularly with respect to the speaking voices); so I think my presence as a black woman would be helpful. Natalie Overton (Krepp 6B10) 1707 Independence Ave SE nataliekeith04@yahoo.com

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Natalie Overton lives in the neighborhood for 30 plus years. Born and raised in Washington, DC. Very interested improving the neighborhood Ross Parman (Flahaven 6B09) 1514 Pennsylvania Avenue SE gparman@gmail.com I am a manager and senior strategist in the public affairs group at Meredith Xcelerated Marketing. I am a five year resident of Washington, where I have become a a stalwart public transit advocate and avid bicyclist. I am a graduate of Franklin & Marshall College in Lancaster, PA. Deborah Powers (Krepp 6B10) 1724 Massachusetts Ave SE deb.powers@gmail.com Deb Powers is the Deputy for IT and Strategic Planning for the financial office of a government organization. A former Naval Officer, she has lived and worked in the Capitol Hill area of the District for almost 20 years. She and her husband, Tim, moved to Hill East 2 1/2 years ago, and immediately fell in love with its strong sense of community. She would like to help both long-time and new residents of Hill East have a voice in the continued development of their neighborhood. Pat Taylor (Flahaven 6B09) 323 17th Street SE dc.greenthumb@verizon.net 25-year resident of Hill East, Capitol Hill, where she is an activist on neighborhood issues A leader in community gardening on Capitol Hill, including president of the Capitol Hill Community Garden Land Trust and coordinator of the King’s Court Community Garden. Led the start-up of 75-plot Green Seed Community Garden (in center of block bounded by 17th, 18th, D and E Sts. SE) Former president of Capitol Hill Garden Club and chair of several committees of this club. Before retiring in 1999, director of health policy research grant program ($2.5 million annual in grants) in the Federal Office of Rural Health Policy in the U.S. Department of Health and Human Services. College professor of political science for 20 years, in one of New York State’s liberal arts colleges. Ph.D., Political Science, University of Connecticut

Ugly Mug Dining Saloon Page 1 of 5 Settlement Agreement ANC6B03 Draft 03/09/2015

SETTLEMENT AGREEMENT BY AND BETWEEN ADVISORY NEIGHBORHOOD COMMISSION 6B

and PARTNERS AT 723 8th STREET SE, LLC

t/a Ugly Mug Dining Saloon

Pursuant to this Settlement Agreement, (“Agreement”), by and between Partners at 723 8th Street SE, LLC t/a “Ugly Mug Dining Saloon” (“Applicant”) and Advisory Neighborhood Commission 6B (“ANC6B”), effective as of the date of its adoption by ANC6B, the parties hereto hereby agree to be legally bound by the terms and conditions of this Agreement, superseding and replacing all previous agreements with respect to Applicant as it relates to Class “CR” License Number 071793 with entertainment endorsement, (“License”), issued by the District of Columbia Alcoholic Beverage Regulatory Administration (“ABRA”), for conduct of business located at 723 8th Street SE, Washington DC 20003 (“Premises”). WHEREAS Applicant has applied before ABRA to effect, and is seeking its approval of, a substantial change in the License, proposing to increase Applicant’s permitted capacity from 98 to 242 seats; and WHEREAS ANC6B has voted to oppose the Applicant’s application for such substantial change; and WHEREAS Applicant and ANC6B wish to voluntarily and mutually settle and resolve their disputes with respect to the License Application pursuant to the provisions of D.C. Code § 25-446 for the operation and maintenance of Applicant’s business in such a manner as to further promote the peace, order and quiet of the neighborhood in a manner that ANC6B deems to be in the best interests of the neighborhood; and

WHEREAS ANC6B as agreed to withdraw its opposition to the License Application subject to and contingent upon the agreement of Applicant to execute and abide by the terms and conditions hereof;

It is THEREFORE AGREED AND RESOLVED as follows:

1. Recitals Incorporated. The recitals set forth above are incorporated herein by reference. 2. Nature of the Business. The Applicant will manage and operate its CR license at a full-service restaurant located at the Premises (“Establishment”). The Applicant will amend its application for total of 242 seats to instead request total seating for 198 patrons, and the restaurant shall apply for and maintain seating no more than: 89 patrons on the first floor interior, 14 patrons on the first floor Sidewalk Cafe, 55 patrons on the second

Ugly Mug Dining Saloon Page 2 of 5 Settlement Agreement ANC6B03 Draft 03/09/2015

floor interior, and 40 patrons on the second floor atrium. In no event shall Applicant operate or seek to operate the Establishment in excess of the maximum number of patrons that may lawfully occupy the Premises pursuant to its Certificate of Occupancy. 3. Hours of Operation and Sales. The Applicant’s hours of operation shall not exceed or extend beyond the following: Monday through Thursday: 11:00 a.m. – 1:30 a.m. Friday and Saturday: 11:00 a.m. – 3:00 a.m. Sunday: 12:00 noon - 1:30 a.m. And as to the Applicant's Sidewalk Cafe, the Applicant's sale of alcohol shall not exceed or extend beyond the following: Monday through Saturday: 11:30 a.m. -- 12:00 midnight (sales) Monday through Saturday: 11:30 a.m. -- 12:30 a.m. (operation) Sunday: 12:00 noon -- 12:00 midnight (sales) Sunday: 12:00 noon -- 12:30 a.m. (operation) 4. Hours of Operation with Retractable Roof Open. The Applicant shall maintain the retractable roof of the Atrium in a closed and secured position except during the following hours of operation, during which the retractable roof may remain open: Monday through Friday:* 11:30 a.m. – 2:00 p.m. Monday through Friday:* 5:00 p.m. – 10:30 p.m.

Saturday: 11:30 a.m. – 12:00 midnight Sunday: 12:00 noon -- 10:30 p.m. (*except for Federal Holidays, St. Patrick’s Day, Opening Day for the Washington Nationals, and any date on which a Washington Nationals game starts before 6 p.m., on which days the roof may also remain open continuously from 2:00 p.m. to 5:00 p.m.)

5. Additional Restriction on Operation in Open Atrium. The Applicant shall maintain the retractable roof of the Atrium in a closed and secured position during any period of time when live entertainment (including a live disc jockey or karaoke) is performing on the second floor of the Premises. 6. Restriction on Recorded Music in Open Atrium. The Applicant shall install and maintain a sound reproduction system in the Atrium that is capable of limiting amplified music or other audio to a pre-set level that may not be manually increased or overridden. Applicant shall permanently install and maintain a sound level meter at or near the roof level in the Atrium area that is capable of calculating and reporting current sound levels. and shall regularly monitor the readings of that meter to ensure legal limits are not

Ugly Mug Dining Saloon Page 3 of 5 Settlement Agreement ANC6B03 Draft 03/09/2015

exceeded. Applicant shall make the sound level meter available for inspection to any governmental authority as may be from time to time requested. The pre-set maximum volume shall be established at a decibel level calculated to minimize and reduce any audible sound reproduction to such a level as is typical for “background” music at a restaurant. The Applicant shall not cause or permit the sound reproduction in the Atrium to be increased beyond this pre-set level, nor to install or permit the operation of any supplemental sound system, at any time when the retractable roof of the Atrium is fully or partially open. Any speakers placed within the Atrium shall be directed toward the interior of the premises, and not toward the retractable roof. 7. Requirements for Operation of Sidewalk Café. The Applicant shall operate its Sidewalk Café consistent with the terms and conditions of its Public Space Management Branch Certification for such space, and shall cause its employees to maintain the Sidewalk Café in a clean and orderly manner, and not to cause or permit storage of any refuse, foodstuffs, perishable or odiferous materials in or adjacent to the Sidewalk Café. The Applicant shall cause the area extending from the Sidewalk Cafe to the curb in front of the Establishment to be regularly swept and shall remove litter and debris on not less than a daily basis, weather permitting. 8. Noise, Order and Privacy. a. Noise Abatement and Control. Applicant shall cause the Premises to include sound reduction materials designed to minimize transmission of noise or vibration beyond the interior of the Premises. This shall include installation and maintenance of sound dampening materials on the entire interior Southern wall of the second floor of the Premises, as well as the western brick wall of the second floor of the Premises and the northern brick wall of the Atrium addition, and use of materials through the wall sufficient to eliminate noise or vibration penetrating the abutting building arising from ordinary and customary usage of the Premises, which shall be designed to achieve a minimal rating of STC 60. Materials and specifications for construction of the retractable roof shall be tested, rated and designed to reduce penetration of noise when the roof is closed to a level comparable to that of a fixed roof. Applicant's staff will monitor the voice level of patrons and attempt to maintain those voice levels at normal speaking tone. Should individual patrons consistently raise their voices above such level during the periods of time when the retractable roof remains open, Applicant shall cause its staff to request such patrons relocate to an enclosed portion of the Premises. Applicant shall keep its doors and windows closed at any time when live entertainment (including live disc jockey or karaoke) is performing on the first floor of the Establishment. Applicant shall strictly comply with provisions of D.C. Code § 25-725, and shall take all reasonable and prudent measures to reduce music or amplified sound emanating from the Premises so as to ensure such sound is not audible within any residential premises in proximity to the Establishment behind the Premises or beyond the adjacent street curbside in front of or adjacent to the Establishment, beyond the level permissible under D.C. Code. Applicant

Ugly Mug Dining Saloon Page 4 of 5 Settlement Agreement ANC6B03 Draft 03/09/2015

will take reasonable steps to reduce noise emanating from the Establishment from the opening and closing of entry or exit doors. The Applicant will take all reasonable steps necessary to mitigate noise emanating from mechanical equipment associated with the Applicant’s operations (e.g. air conditioning unit, grease fan) -- including installing sound-mitigating insulating material around the equipment, if necessary -- to comply with DCMR provisions, prevent an increase in existing sound level from such equipment, and minimize or abate noises objectionable to residential neighbors. b. Privacy. Any new construction shall be effected in such a manner as to prevent patrons of the Establishment from having line-of-sight or visual access to the yard or windows of any residential neighbor, and shall include an impervious wall of not less than ten (10) feet tall above the floor on the second level rear facing the alley. c. Monitoring and Enforcement. To the maximum extent practicable, no loud noises, objectionable sounds, foul odors, or other conditions shall be created or permitted by Applicant to be publicly observable or emitted beyond the immediate proximity of the Premises. Applicant specifically agrees that it shall adhere to and be accountable under the provisions of D.C. Code §25-725 as it pertains to residential dwellings in the contiguous physical block on which the Premises are located, except for those residential dwellings located within the CHC/C2A overlay, notwithstanding the fact that such neighboring residential units may not fall within the zoning classification otherwise entitled to enforcement of that provision under D.C. Code §25-725(b)(3). 9. Public Space and Refuse. Applicant shall ensure that the area around any exterior trash or recycling receptacle is at all times clean and free of debris, trash, liquids, or other foreign materials. Applicant shall ensure that the lids to any such receptacles are closed and secured as per their design at all times except when they are being filled or emptied. Applicant shall cause all receptacles to be emptied not less than three times each week, or such more frequent schedules as may be reasonably necessary to prevent the receptacles from exceeding their capacity. Applicant shall cause such receptacles to be maintained in good repair, safe and sanitary condition. Applicant shall cause the area behind the Establishment abutting and including the immediately surrounding public alley to be power-washed not less than once every two weeks. Applicant shall not dispose of glass bottles or other refuse causing noise due to breakage between the hours of 10:00 p.m. and 8:00 a.m. 10. Sanitation and Pest Control. Applicant shall maintain in force a contract for regular and recurring application of a plan for pest control that includes baiting or similar rodent abatement procedures abutting the alley at the rear entrance to the Premises and surrounding any refuse receptacles. Applicant shall not store or place any beer kegs, palettes of materials, or other consumable goods of any type outside the Premises. Applicant shall regularly inspect and clean the area immediately adjacent to the rear of the Premises, abutting and including the immediate proximity of the public alley, to be

Ugly Mug Dining Saloon Page 5 of 5 Settlement Agreement ANC6B03 Draft 03/09/2015

cleaned of any cigarette butts, chewing gum, or other similar debris, and shall instruct its employees to not loiter in the adjacent alleyway or rear doorway to the Premises. Applicant shall ensure that all waste grease is placed in a secure and well-maintained container, and shall maintain that container whenever practicable inside the Premises. Any leak or spillage of grease shall be promptly cleaned utilizing standard industry practices such as solvents and power washing for such uncontained grease, and any damaged or leaking containers shall be promptly repaired or replaced. 11. Security Cooperation in Stemming Unlawful Drugs and Public Drinking and Loitering. Applicant agrees that it shall take all reasonable and necessary steps to prohibit and prevent the consumption of alcohol on public property near the Establishment and to prevent consumption, sale or presence of unlawful drugs in or immediately adjacent to the Premises, including but not limited to training or assigning an adequate number of employees to provide security and/or to assist law enforcement personnel in their duties as they may from time to time relate to the Premises, and to control unruly or profane patrons in or immediately adjacent to the Premises, as well as monitoring the Premises for the presence, sale or use of unlawful drugs and promptly alerting appropriate law enforcement personnel if and when evidence of any such presence, sale or use is discovered. Applicant shall discourage its patrons from loitering in the area immediately adjacent to the Premises, including pro-active measures to minimize loitering by patrons or prospective patrons in the public spaces immediately in front of and behind the Premises.

For ANC6B: ____________________________________ Dated:___________ Kirsten Oldenburg, Chair For Applicant ____________________________________ Dated:___________ Gaynor Jablonski Managing Member

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Report of the ANC6B Planning & Zoning Committee Meeting March 3, 2015

Commissioners present: Nicholas Burger (chairing), Chander Jayaraman, Kirsten Oldenburg, Steve Hagedorn, Jennifer Samolyk, Brian Flahaven, Denise Krepp, Daniel Chao1 Resident members (RM) present: Ryan Danks, Laura O'Neill Kaumo,2 Christian Alexander, Brynn Barnett, Ken Jarboe, Ivan Frishberg 1. HPA #15-127, 146 13th Street SE, concept/rooftop addition: Hubert & Jennifer Schoemaker &

Ali Honarkar Mr. Ali Honarkar (architect) presented on behalf of the applicant. The application includes revisions to the plans following input from the L’enfant Trust. The main changes include reducing the size of the 3rd floor and removing solar panels. Commissioner Jayaraman moved (seconded by Commissioner Samolyk) that the Committee recommend that the AND write a letter of support to HPRB, noting our opposition to the restriction on solar panels by Lenfant Trust; that the ANC send copies of the letter to HP and the Lenfant Trust; and that the item be placed on the consent calendar. The Committee voted 13 to 0 in favor of the motion. 2. HPA #15-255, 515 7th Street SE, new garage: Sonya Sweek & Fredrick Holl Ms. Sonya Sweek (owner) and Fredrick Holl (architect) presented the case. The applicants are requesting historic approval for the proposed garage addition. They originally applied last summer but noted that apparently their application was lost. The applicants reported that HP has expressed no opposition to current design. Committee voted in favor of a motion to recommend that the ANC support the HP application and to place the case on the consent calendar. The Committee voted 11 to 0 (two abstaining) in favor of the motion. 3. BZA #18961, 1733 D Street SE, pursuant to 11 DCMR § 3104.1 for special exception under

§ 223, not meeting lot occupancy requirements under § 403, & nonconforming structure requirements under § 2001.3 to allow enlargement & enclosure of existing garage in R-4 District, BZA expedited review – Tuesday, March 31, 2015: James & Erin Boyd & Stephen duPont, Jr.

1 Commissioner Chao arrived partway through the meeting. 2 RM O’Neill Kaumo left partway through the meeting.

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Stephen DuPont (architect) presented the case on behalf of the applicant. The property currently exceeds 60% lot occupancy. Commissioner Oldenburg moved (seconded by RM Frishberg) that the Committee recommend that the ANC support this application and that it be place it on the consent calendar. The Committee voted 10 to 0 (one abstaining) in favor of the motion.

4. BZA #18948, 1023 East Capitol Street SE, pursuant to 11 DCMR §§ 3100 & 3101, appeal from October 29, 2014, decision by Zoning Administrator, Department of Consumer and Regulatory Affairs to issue Certificate of Occupancy #CO1500286 to allow first-floor retail establishment in R-4 District, BZA hearing – Tuesday, March 17, 2015: Marie E. Birnbaum, John Kuykendall, & Charles Hudman

Ms. Andrea Ferster (attorney) presented the case on behalf of the appellant. John Kuykendall & Charles Hudman (owners of Park Concepts) presented for the property. This is an appeal to an issued certificate of occupancy based on changes to an existing nonconforming use (sales of ‘garden furniture’). Commissioner Hagedorn moved (seconded by Commissioner Krepp) that the Committee recommend that the Commission urge the BZA to dismiss or deny the appeal and that the case be placed on the consent calendar. RM Jarboe moved to amend the motion to say that the BZA should decide the case to determine whether the case merits the discretion. The motion was not seconded and failed. The Committee voted 12 to zero (one abstaining) in favor of the motion.

5. BZA #18964, 1220 Potomac Avenue SE, pursuant to 11 DCMR § 3103.2, for variance from

minimum number of required parking spaces provisions under § 2101.1 to construct eight-unit apartment building in R-5-B District, BZA hearing – Tuesday, March 31, 2015: 1220 Potomac Avenue SE, LLC, Todd Ragimov, Ramy Ali, & Toye Bello

Toye Bello (representing the applicant) and Ramy Ali (architect) presented on behalf of the applicant. The proposal is to construct a new 8-unit apartment building (previously proposed as a 5-unit building), without curb cuts, which motivates the parking relief sought. Commissioner Krepp moved (seconded by Commissioner Oldenburg) that the Committee take no position pending new information and thorough discussion between the applicant and the neighbors before next week’s meeting. The Committee voted 13 to 0 in favor of the motion.

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6. BZA #18971, 317 9th Street SE, pursuant to 11 DCMR § 3103.2, for variances from lot occupancy requirements under § 403, open court requirements under § 406, & non-conforming structure requirements under § 2001.3 to allow construction of rear addition to existing single-family dwelling in R-4 District, BZA hearing – Tuesday, April 7, 2015: Nicholas Nowak & Kim Jones

Nick Novak (owner) and Kim Jones (architect) presented the case. The applicant is seeking multiple variances for a currently nonconforming building that will continue to be nonconforming under proposed project. Commissioner Hagedorn moved (seconded by RM Jarboe) that the Committee recommend that the ANC support this application and that it be placed on the consent calendar. The Committee voted 10 to 0 in favor of the motion. 7. Comments on Eastern Branch Building redevelopment proposals Commissioner Krepp presented the proposed letter to be regarding the DC Department of General Services’ (DGS) handling of the Eastern Branch Building project, specifically the recent decisions regarding the best and final offer process. Commissioner Krepp moved (seconded by Commissioner Flahaven) that the Committee recommend that the ANC support the letter and send copies to DGS, Councilmember Allen, and the Mayor’s office.

The Committee voted 11 to 0 in favor of the motion. 8. Letter of support for Capitol Riverside Youth Sports Park Commissioner Coomber (ANC 7D) presented the proposal to convert the parking lots north of RFK to a youth sports park. Commissioner Flahaven moved (seconded by RM Barnett) to recommend that the ANC send a letter that outlines our support for the proposal to Mayor Bowser, copying members of the council, and that this case be placed on the consent calendar. The Committee voted 11 to 0 in favor of the motion. 9. ZC #08-06B, text amendment to establish Board of Zoning Adjustment & Zoning Commission

fees, ZC hearing – Monday, April 6, 2015 Commissioner Oldenburg presented this item and the following item, noting that the proposed amendments have no noteworthy relevance for ANC 6B. Commissioner Samolyk moved (seconded by RM Danks) to remove items 9 and 10 from the Committee’s agenda. The Committee voted 9 to 0 (with one abstaining) in favor of the motion.

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10. ZC #08-06C, map amendment to implement comprehensive Zoning Regulations Review, ZC hearing – Monday, April 6, 2015

See agenda item #9. 11. Rose’s Luxury, 717 8th Street SE, informational presentation regarding proposed retractable

roof for existing roof patio: Aaron Silverman & Don Silverman Erin Silverman (owner) presented for Rose’s Luxury, describing the project to build a retractable roof over an existing uncovered patio. Because this was an informational presentation and ANC 6B had not been asked to review the case by the Historic Preservation Office, the Committee took no action.

March 3, 2015 Jonathan Kayne Interim Director Department of General Services 2000 14th Street, NW 8th Floor Washington, DC 20009 RE: Eastern Branch Building Request for Proposals Dear Interim Director Kayne: We write with serious concerns about the DC Department of General Service's Request for Proposals (RFP) for the Eastern Branch Building and the community engagement process surrounding the RFP. We are opposed to DGS settling on the Dantes Partners/Menkiti Group proposal. We respectfully request that the current RFP be amended and re-issued with an extended lease period and that DGS work far more closely with ANC 6B to address neighbor concerns with the property. Advisory Neighborhood Commission 6B voted X-X to send this letter during a properly noticed meeting on March 10, 2015 with a quorum present. On May, 14, 2014, ANC 6B provided comments on the DGS draft request for proposals for the Eastern Branch Building, the city-owned, vacant former Boys & Girls Club Building located at 261 17th Street SE. Specifically, ANC 6B stated that the proposed 25 year lease was too short and could deter developers from submitting proposals. As an example, we referenced the city-owned Hill Center at Old Navy Hospital, a property which the city leased for a 99 year period. The longer lease allows the lessor, the Old Naval Hospital Foundation, more time to repay its construction loans. Given the significant repair and restoration work that needs to be done at the Eastern Branch Building, we suggested DGS be open to a similar time frame. Unfortunately, DGS ignored ANC 6B's recommendation and kept the short 25 year lease requirement in the RFP. This decision was criticized by Century Associates, one of only two development teams who submitted responses to the RFP. In the written presentation provided to neighbors on January 20th, Century Associates stated that the “(r)equired lease structure adversely affects equity investor and

lender interest.” Century Associates then verbally told attendees that 25 year lease was not feasible and recommended that the city extend the lease term agreements. More troubling, Century Associates told attendees that they were precluded from incorporating affordable housing in their proposal because doing so) “requires public subsidy, an option that was excluded from the solicitation.” Given this constraint, the Century Associates proposal is limited to 25

senior apartments and two caregiver apartments. The senior level apartments would be available at market rate terms of roughly $3,000 per month. In contrast, the proposal submitted by Dantes Partners/Menkiti Group is for 49 units of senior housing and all would be affordable at a rate of $1,000 per month (60 percent of Area Median Income). Dantes Partners/Menkiti Group. The Dantes/Menkiti proposal can meet the 25-year lease requirement because they plan to finance the project using federal Low Income Housing Tax Credits. But to make the project work, they have to add a significant addition to the top of the building, almost double the number of units versus the competing proposal (49 versus 26) and, to maximize the benefits of the tax

credits, make every unit affordable (46 at 60 percent of AMI and 3 at 30 percent of AMI). While we appreciate that Century Associates and Dantes Partners/Menkiti Group submitted responses, both of their proposals have flaws. In our community meetings, most residents have signaled a preference for the Century Associates proposal, mainly due to the larger unit sizes, inclusion of a children’s play area and their intent to not add floors to the building. However, the lack of any affordable units in the Century Associates proposal is a major concern, particularly at a time when the city needs more affordable housing for seniors. The Dantes Partners/Menkiti Group proposal goes to the other extreme. While residents appreciate the Dantes/Menkiti focus on affordable units, most would like to see a mix of affordable and market rate units in the building. In addition, residents voiced concern about the small size of the units in the Dantes/Menkiti proposal and the development team’s desire to add two floors to the existing building. We were hopeful that DGS’ decision to issue Best and Final Offers request would introduce some

additional flexibility to help each development team better address resident concerns. But instead of introducing more flexibility, DGS further tightened the terms of the flawed RFP, including doubling-down on the 25-year lease restriction. The BAFO essentially eliminated the Century Associates proposal, leaving the community with a choice of one proposal. In addition to our concerns about the RFP, ANC 6B has also been frustrated by DGS’ decision to

withhold significant information about both proposals from our commission and the public. On Feb. 6, ANC 6B Commissioners Brian Flahaven (6B09) and Denise Krepp (6B10) met with DGS officials to get answers to the following questions (submitted in advance of the meeting):

Is the project eligible for tax abatement, if so at what percentage and over how many years? What happens at the end of the 25 year lease term? Does it automatically renew? Does any

preferential tax treatment change? How is the financing structured? Mix of loans? Bonds? etc? This situation is comparable to

DoD public private ventures for military family housing, but the difference is that those deals are structured over 50 years. Doing basic math on 47 units at rent of $1K per unit, the gross operating income is only $564K per year or $14.1 M over the 25 year life of the project (I didn't add in increases to rent, but as this would be structured to be essentially rent controlled, rent increases presumed to be nominal)

How can developer given the constraints in question 3 meet all of the loan obligations, taxes, maintenance, insurance and maintain sufficient reserve for improvements likely to be needed years 12-25 of the project?

How are the services advertised in the presentation paid for? (The on-site staff, shuttle bus, etc?)

What guarantees can the developer give that residents of the project can be assured of staying in their homes if the financial viability goes south?

What federal loan programs are the developers proposing to use? Unfortunately, DGS representatives did not answer all of these questions at the Feb. 6 meeting, though agency officials promised to provide additional information once responses to the BAFO request were received. But the DGS Summary of Responses to the BAFO, provided to Commissioners Flahaven and Krepp on February 25, 2015, contained no new details. DGS' decision to withhold information is puzzling. Pursuant to DC Code 1-309.10, DC agencies are

supposed to give “great weight” to ANC Commission recommendations. ANC 6B recommended a

longer lease term yet DGS did not formally explain why the ANC’s recommendation was rejected. . Similarly, DGS ignored concerns raised by ANC 6B about the project financing. We were particularly puzzled by an e-mail Commissioner Krepp received on Feb. 26, 2015 from Melissa Millar, DGS Management Analyst, which stated: . . .while the ANC is an advisory body, it does not participate in the deliberative process. The ANC’s role is certainly to provide comments to which the District is obligated to give “great

weight” to decisions affecting its boundaries, but this is limited to areas that directly affect the ANC and its constituents, such as advising on the appropriateness of a facility, whether it supports the health and well-being of a community, and does not run counter to or disrupt community goals. As the District agency empowered here with reviewing solicitation proposals and awarding a contract, it falls within DGS’ subject matter expertise to review all aspects of

proposals, including financials, credit worthiness, and determinations of any relevant past- performance issues by the offerors, and to make the most informed decisions that represent the District’s best interests. The future use of the Eastern Branch Building, which sits in our commission area, does directly affect our ANC and our constituents, and the commission and public have a right to know whether proposals submitted to the agency are financially feasible and how DGS makes their determination. DGS should have recognized that the RFP was flawed when it received only two responses to redevelop the building. The Boys and Girls Club sold the Eastern Branch Building to the government because of financial difficulties. Since that time, the building has remained vacant and continues to deteriorate. While ANC 6B and our constituents appreciate and support the city’s efforts to quickly

redevelop the building it must be done in a proper manner. Moving forward with one proposal based on an unnecessarily restrictive RFP is not in the best interests of the neighborhood and city. Again, ANC 6B requests that the current RFP be amended and re-issued with an extended lease period. Sincerely, Kirsten Oldenburg Chair

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Report of the ANC6B Transportation Committee Meeting March 4, 2015

Commissioners present: Nick Burger, Daniel Chao, Brian Flahaven, Steve Hagedorn, Denise Krepp, Kirsten Oldenburg (chairing) and Jennifer Samolyk Resident Members present: Jerry Sroufe (6B02), John Manley (6B04), Neil King (6B05), Carol Grissom (6B08), and Keith Smith (6B09) Other Participants: Andrew Cadmus, Larry Janezich. Announcements: DDOT has provided the ANC with an update on its feasibility study/review of the Office of Planning’s 3 concepts for the SE Boulevard. DDOT estimates the study will be completed by July 2015 and has proposed two public meetings with the ANC taking the lead on venue and agenda preparation. Meanwhile, OP is drafting the final report on its neighborhood study. Department of Public Works Parking Enforcement Three officials from DPW’s Parking Enforcement Management Administration (PEMA) attended the meeting: Mr. Preston Moore, Interim Parking Enforcement Manager, Ms Tiffany Smith, Interim PM Coordinator, and Ms Martina Ward. Mr. Moore gave a brief overview of enforcement operations in our area, which apparently consists of 5 “beats”. Monday thru Friday 4 officers patrol between 6am and 230pm and are joined by an additional 2 officers at 1130am; then 4 officers patrol between 230pm and 11pm. These officers make about 3 passes during their shift. There is a slightly lower crew on Saturdays with different shifts and no parking enforcement on Sundays (with the exception of in the area of Nationals Park on game days). In response to a question, Mr. Moore said that officers do patrol alleys but not as often as they do streets. For the Rock ‘n Roll Marathon on 3/14, PEMA dedicates 4 officers in the Stadium area to enforce parking. Mr. Moore also told the Committee that there is a new regulation pending that will penalize regular parking “offenders”

by increasing the fine from $30 (1 to 2 incidents) to $60 (more than 2). Mr. Moore said to call 311 to ask for enforcement and follow up, if necessary, by calling 202-541-6083 and asking to speak with a supervisor. This DPW dispatch line is available 24/7 except you need to call MPD for enforcement on Sundays. Abandoned vehicles parked curbside are no longer ticketed after 72 hours. Such vehicles will only be ticketed if parked illegally, have expired tags, or appear to be a hazard (e.g., broken windows, leaking fluids, etc.) The Committee indicated a general support for parking enforcement with a few exceptions. Commissioner Samolyk asked that some leniency be given to parents dropping off children at Brent Elementary School. And, Commissioner Flahaven urged temporary leniency for residents parking in driveways along the 1500 block of Pennsylvania Avenue. He is working to get a permanent solution to this problem in which the vehicles end up blocking the sidewalk. Note: Commissioner Oldenburg has emailed Mr. Moore to clarify and augment some of the information provided at the meeting. This did not arrive before this report was due but will be circulated to Commissioners and Resident Members later.

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District Department of Transportation Response on ANC6B’s Request for Crosswalks on 11th Street Committee discussed what next steps the ANC should take on the crosswalk request that DDOT denied. Commissioner Oldenburg noted that this matter was in the ANC DDOT Oversight hearing testimony she planned to delivery on March 6 and that Frank Maduro, Mayor’s Office of Communications, has set up a meeting with a DDOT

staff person for Thursday, March 12. This is a follow up to the tour of the area that Commissioner Chao set up and took place on a very cold Sunday. Commissioner Krepp suggested presenting the Atlas Fitness petition at the DDOT hearing. Commissioner Flahaven suggested meeting with CM Charles Allen.1

1 Commissioner Oldenburg has made that request of CM Allen.

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Advisory Neighborhood Commission 6B HILL EAST TASK FORCE

March Report

Hill East Task Force Meeting Date: Feb. 12, 2015 Time: 6:30 pm – 8:00 pm Location: St. Coletta of Greater Washington, 1901 Independence Ave SE Topics: Community Feedback on Redevelopment Proposals for the Eastern Branch Building Task Force Members in Attendance: Brian Flahaven (chair – 6B09), Steve Hagedorn (6B05), Denise Krepp (6B10), Steve Hagedorn (6B05) and Resident Members Andrew Johnston (6B06), Ruby Lewis (6B06) and Pat Taylor (6B09). Around 25 people attended the Feb. 12 meeting to discuss the two redevelopment proposals for the Eastern Branch Building received by the District Department of Transportation. Here is a recap: Commissioner Flahaven opened the meeting with background on the DGS RFP process for the Eastern

Branch Building, the city-owned former Boys and Girls Club building located at 261 17th Street SE. DGS released the RFP in mid-September with a deadline of Friday, November 20. Prior to the issuing the RFP, DGS received formal comments from ANC 6B with suggestions on what should be included in the RFP.

Two development teams – Dantes Partners/Menkiti Group and Century Associates – responded to the RFP. Both teams presented their proposals to the community at a DGS-hosted community meeting on January 20, 2015. Commissioner Flahaven provided a brief summary of each proposal to attendees:

Dantes Partners/Menkiti Group 49 units of senior housing, 100% affordable (priced at roughly $1,000/month). All one bedroom

units of roughly 600-800 square feet. Preserves existing building facade but add a two-story addition. The addition would be set back

from the existing facade. Includes 5,000 square feet of community space. Open to working with the neighborhood on

potential uses for the space. Building owner would operate and manage space. Preserves key features of existing building, including the autograph wall and dance studio. Parking would be provided within the building. Envision 10 spaces accessed off alley. Working with the Departments of General Services and Public Works, would work to enhance

Spielberg Park across the street from the building. Financed with Low Income Housing Tax Credits (LIHTC). Can work with 25-year lease

requirement in DGS RFP.

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Century Associates

27 market rate units of senior housing (25 apartments plus 2 caregiver units). Open to co-housing or greenhouse concept (private units with shared common areas).

Maintains current building facade – no addition. Inside of building would be gutted. Includes office space. Conversations ongoing with Capitol Hill Village about potential use of

space. Former gym would become a children’s play space (4,200 square feet). Space would be open to

public but fee based. Would add an amenity to the existing roof such as gardens for tenants. As with Proposal 1, parking would be provided in building with access to garage off alley. Still

working on number of parking spaces. On the financial side, confident that project is feasible without the use of government funds.

Seeking a 99-year lease on the building. Commissioner Flahaven stated that residents left the Jan. 20 meeting with more questions than

answers, mostly for DGS. Questions included: o Do the proposals have to abide by a new law that requires 30 percent affordable housing

on DC-owned property? o The RFP prohibited public funding from the city. However, one proposal relies on federal

funding that is distributed by the city (Low Income Housing Tax Credits). Is LIHTC funding allowed under the terms of the RFP?

o If selected, could each proposal obtain the necessary zoning relief from the Board of Zoning Adjustment? And how would an unknown cell phone antenna lease affect the proposals?

On Feb. 6, Commissioners Flahaven and Krepp met with DGS and asked a number of questions about the RFP process and next steps. DGS representatives stated that they had issued a Best and Final Offers request to each development team and that responses were due on Feb. 10. Commissioner Flahaven reiterated the commission and community’s concern about the short lease length in the RFP with DGS. Commissioner Krepp asked a number of questions related to how DGS evaluates RFP responses and the financials associated with each proposal. DGS told both Commissioners Flahaven and Krepp that a summary of the BAFO responses would be sent to the commission by Feb. 17. DGS also agreed to allow ANC 6B to submit formal comments on the proposals in March.

Denise and Greg Daniel, residents who live on the 1700 block of Massachusetts Ave SE, shared the results of a survey they conducted of neighbors who live within 1-2 blocks of the building. Survey findings included:

o 51 percent preferred the Century Associates proposal, versus 17 percent for Dantes/Menkiti and 32 percent for neither.

o 50 percent of respondents prefer a mix of market rate and affordable units in the building, versus 41 percent for all market-rate and 9 percent for all affordable.

o 40 percent prefer no age restrictions, versus 28 percent for senior-only and 32 percent for some senior-only units mixed with some unrestricted units.

A number of attendees, including former ANC 6B Commissioner Francis Campbell, noted that the survey was not distributed to all neighborhood residents who may have an interest in the future of the building. Denise Daniel responded that the survey was meant to obtain the input of nearby neighbors, those most directly affected by the building. She also noted that the age and diversity of the survey sample.

Attendees raised a number of questions/concerns about the redevelopment proposals, including: o The lack of a mixed-income proposal. The Dantes/Menkiti proposal is 100 percent

affordable while the Century Associates proposal is 100 percent market rate. A majority of attendees preferred a mixed-income building.

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o The short length of the DGS RFP, which unnecessarily restricted the number and type of redevelopment proposals received by the city.

o DGS’ handling of the RFP and whether the request was designed to favor a particular

developer or proposal. o Concern about the two story addition in the Dantes/Menkiti proposal, both its design and

massing. o The lack of specifics on what community uses would be housed in the building. A

number of attendees said they would prefer a building that served all ages. o Concern about the size of the units in the Dantes/Menkiti proposal. Many attendees felt

the units should be larger. o Concern about the impact of both proposals on on-street parking.

Commissioner Flahaven wrapped up the meeting by thanking attendees for their feedback which he said would help the commission shape formal comments to DGS. He said that the commission would likely not pick one of the proposals to support, preferring instead to focus on what the community would like to see at the building.

Attendees were invited to attend ANC 6B’s Planning & Zoning Committee on March 3, 2015, 7 pm at St. Coletta of Greater Washington. On March 3, the P&Z committee would likely review draft comments on the redevelopment proposals and make a recommendation to the full commission. The full commission will vote on formal comments during its March 10 meeting, 7 pm at the Hill Center.

The meeting adjourned at 8:10 pm.

Testimony by K. Denise Rucker Krepp

Advisory Neighborhood Commissioner, ANC 6B10 Testimony on behalf of ANC 6B

Before the Committee on Finance and Revenue: WMATA

March 11, 2015 10:00 am

Good morning Chairman Evans and members of the Committee on Finance and Revenue. My name is K. Denise Rucker Krepp, and I am the ANC Commissioner for 6B10. My single member district, 6B010, lies in Hill East between 15th and 19th Street, SE, and East Capital Street and Massachusetts Avenue. Hundreds of my residents use the WMATA system every day, entering the metro via the Stadium Armory metro stop. I’m here today to testify about WMATA and to urge the Mayor and this committee to take a greater

oversight role in the day to day operations of the agency. I’m also testifying on behalf of ANC 6B, which approved my testimony 10-0 during its February 10th Commission meeting. Preparedness On January 12th, one individual died and over 80 more were injured as a result of the electrical arcing incident at L'Enfant metro stop. WMATA personnel were not properly prepared to respond to this incident and I am not confident they are prepared to do so today. Background on mass transit security requirements The September 11, 2001 attacks exposed the security gaps in aviation security. Within days, Congress created the Transportation Security Administration (TSA) and significant funds were appropriated to harden the security of our nation’s airports. Equipment was deployed to scan passengers and cargo.

Socks and belts were removed all in the name of security. The definition of a transportation security incident was broadened when deadly bombs exploded in the London, Madrid, and Mumbai mass transit systems in the mid-2000s. Prior to these incidents, the federal government didn’t regulate the security of mass transit systems like the Washington Metropolitan Area Transit Authority (WMATA). TSA had the authority to do so but it was still focusing on aviation security. As a result, Congress enacted the Implementing Recommendations of the 9/11 Commission Act mandating that TSA and the Federal Transit Administration implement specific measures to address known vulnerabilities. Fast forward eight years and the L’Enfant arcing incident in the WMATA tunnel demonstrates that

glaring gaps still remain. There was limited communications capability between transit authority officials and first responders on January 12th. Fire fighters couldn’t use their radios and instead, as the

Washington Post reports they had to use cell phones and runners to convey information. In addition, NBC4 is now reporting that fire officials refused help from the metro police. The chaotic environment hampered response efforts and neither should have occurred if the 9/11 Act mandates had been properly implemented.

Security Exercises The 9/11 Act mandates security exercises. I know this language because I wrote it while serving as Senior Counsel on the House of Representatives Homeland Security Committee. Participants are supposed to include law enforcement personnel and emergency response providers. Congress included WMATA and DC fire officials in the new requirement because they’re the ones

responsible for responding to an incident. TSA doesn’t have the personnel and as such, the exercises

can’t be limited to TSA officials. The exercises must include local officials and others who have first-hand knowledge of the mass transit systems that are responsible for protecting. Given the clear language of the law, I am puzzled by WMATA’s announcement last month that one of

its new safety measures is quarterly drills. Why did they wait so long to implement such a basic measure? The 9/11 Act was signed into law eight years ago and the terrorist threat hasn’t diminished

since then. Drills and exercises help to identify gaps in protocol and provide officials with the time to fix them. Surely, WMATA would have wanted to know about the communication problems between the DC fire fighters and WMATA officials before the January 12th accident that killed one individual and sent eighty others to local hospitals. WMATA’s failure to conduct regularly scheduled exercises places all of its riders at risk. As ANC6B10

Commissioner, I invited WMATA to brief ANC6B Commissioners at our annual monthly meeting. They declined claiming limited staff prevented them from doing so. I then asked WMATA to hold an exercise at Stadium Armory to make sure that ANC6B10 residents were prepared if an incident occurs. Again, they declined. Instead of an exercise, they gave me handouts to give to my residents. DC Council Request WMATA's refusal to brief ANC6B Commissioners and to hold an exercise in our area is unacceptable. Everyday, thousands of DC residents, Congressmembers, and other high level officials enter the WMATA system via Capital South, Eastern Market, Potomac Avenue, and Stadium Armory metro stops. The WMATA personnel demonstrated on January 12th that they were not prepared to respond to an incident at these stations and they are not prepared to do so now. I strongly encourage the Committee and the Mayor to conduct more oversight over WMATA to make sure they are prepared. Proper preparedness prevents death and injury - surely a goal WMATA can accomplish.

Testimony

By

Brian Flahaven1,

Chair, Advisory Neighborhood Commission 6B

Commissioner, ANC 6B09

Testimony on behalf of ANC 6B

Before the

Committee on Health & Human Services

Agency Performance: Department of Human Services

March 12, 2015

10:00 am

1 Contact – 202-744-1854, brianf6b09@anc6b.org

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Good morning Madame Chair and members of the Committee on Human

Services. My name is Brian Flahaven, and I serve as chair of Advisory

Neighborhood Commission 6B. My single member district, 6B09, lies in Hill East

and is located immediately west of Reservation 13. My district also includes

Barney Circle, the Historic Congressional Cemetery, and the Eastern Branch Boys

& Girls Club Building.

I’m here today to testify about the status of the Temporary Emergency Family

Shelter at DC General and to urge the Mayor, DHS and this committee to make

the investments necessary to begin the process of closing DC General. I’m

testifying on behalf of ANC 6B, which approved my testimony X-X during its

February 10 Commission meeting.

Unfortunately, not much has changed at DC General since I testified before your

committee last year. The shelter remains at capacity, and while the Department

of Human Services has a goal to move families out of DC General, the department

appears to not be making much progress in achieving that goal. And we learned

just this week that the nonprofit operator of the shelter has been significantly

overbilling the District for services.

As we have stated many times, ANC 6B views housing so many incredibly needy

families in such deplorable conditions, including a large number of families with

children, as an outrage and embarrassment to our city and as completely

counterproductive to the ultimate goal of ending homelessness. The lack of a

humane and holistic plan to housing homeless individuals in this city concerns us

greatly, and developing such a plan should be a top priority of the Mayor, DHS

and the Council.

When the city started housing homeless families at DC General in 2007, it was

announced as a temporary measure. Soon after the shelter opened, the city

began housing more and more families at the old hospital, particularly as shelters

were closed in other parts of the city. Instead of working to find suitable housing

and shelter options within existing neighborhoods, city leaders chose the

politically convenient approach of housing more and more families and

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individuals in a deteriorating, depressing building totally separated from the

surrounding neighborhood and city.

In addition to the shelter, the city opened and expanded clinics at the site,

including a methadone clinic. So, in addition to an overconcentration of people,

the site has an overconcentration of services.

While all this was happening, ANC 6B and surrounding neighbors continued to

push the city to implement the Hill East/Reservation 13 master plan. The plan,

approved by the Council in 2003 and created with substantial community input,

envisions mixed-use development that will finally connect surrounding

neighborhoods to the Anacostia River waterfront. The plan recognizes the site’s

many advantages – waterfront location, access to Metro and close proximity to

two wards – and it envisions bringing housing (including 30 percent affordable

housing), retail and office space to an area of the city in desperate need of all

three.

While we are pleased that the city is moving forward with developing two parcels

on the site – the two parcels closest to the Stadium-Armory Metro plaza,

development of the rest of the site is on hold until the city comes up with a plan

for DC General.

ANC 6B strongly believes that the city’s goal should be closing DC General and

transitioning homeless families and individuals to better housing options. DC

General should not be our city’s answer to addressing homelessness. And the

commission also believes that the full vision of development plans for the Hill East

Waterfront will remain stalled until the city provides a clear timeline for closing

DC General.

We are cautiously optimistic that Mayor Bowser and her team will achieve the

goal of closing DC General. To help us get a sense of where the city is on this

issue, we urge the committee to ask DHS the following questions:

1) What is the status of DHS’s plan for reducing the number of families and

individuals living in DC General and eventually closing the building? It

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appears from recent media reports that progress in reducing the number of

residents at DC General has taken a step back.

2) Has the Mayor or DHS considered announcing a date for closure of DC

General? Setting such a date would have the combined effect of pushing

the Council to provide the funding necessary to provide better alternatives

to homeless families while sending a signal to the development community

that the city is serious about developing the site.

3) Will the Mayor’s FY15 capital budget include significant investments in

permanent supportive housing and/or funds to build new smaller scale

shelters?

4) Has DHS discussed its plans for DC General with the Deputy Mayor for

Planning and Economic Development? Given the city’s plans to develop the

site, it seems appropriate that DHS should be coordinating closely with

DMPED.

ANC 6B stands ready to work with the Mayor, DHS and this committee to support

efforts to end homelessness and eliminate the need for shelters like DC General.

And we also strongly urge the Mayor, DHS and the Council to make closing DC

General a top priority, and to begin funding the programs and making the capital

investments necessary in the FY15 budget.

Thank you for your time, and I’d be happy to answer any questions.

Resolution on Dog Waste Whereas, the D.C. Department of Public Works is the agency responsible for enforcing all sanitation regulations for the District. Whereas, the D.C. Department of Environment, Department of Transportation, and Department of Public Works are working together to post signs in the District concerning the removal of dog waste. Whereas, 24 DCMR 900.7-900.8 prohibits persons owning, keeping, or having custody of dog to allow the dog to defecate or urinate on public parking or any sidewalk or in any and each such person shall immediately remove dog excrement from any curb, gutter, alley, or street. Whereas, the 2014 D.C. Department of Public Works Pet Waste Flyer states that dog waste kills grass; can contains 23 million fecal coliform bacteria; can harbor bacteria, viruses, and parasites; and attracts rats. Whereas, dog waste is not being removed from the 0-100 block of 18th Street, SE despite the fact that residents can be fined $150-$2,000 for failing to comply with the D.C. regulations. Therefore be it resolved that ANC6B request the D.C. Department of Environment, Department of Transportation, and Department of Public Works post a dog waste removal sign on the 0-100 block of 18th Street, SE. Further, the Commission thanks the D.C. Department of Environment, Department of Transportation, and Department of Public Works for their assistance with this matter. Attest: Date: Daniel Chao, Secretary