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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, April 10, 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 [email protected], or visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Tuesday, May 12, 2015. ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR MEETING Hill Center at the Old Naval Hospital 921 Pennsylvania Avenue SE April 20, 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 March Planning and Zoning Committee HPA #15-282, 527 6th Street SE, concept/rear addition & deck, HPRB meeting Thursday, April 23, 2015: John Helms & Kim Jones HPA #15-305, 631 South Carolina Avenue SE, concept/rear addition, HPRB meeting Thursday, April 23, 2015: Marina Galvani & Jennifer Fowler Second proposed rulemaking on proposal to adopt new Title 13 for sign regulations, comments due to District Department of Transportation Thursday, May 14, 2015 Resolution regarding Pet Waste Removal Sign 5. Presentations Anacostia River Clean Up Update: Richard Jackson & Sharon Cooke, District Department of the Environment (10 minutes) DC Homeland Security and Emergency Management Agency (HSEMA) Initiatives: HSEMA Representative TBA (10 minutes) 6. Election of Outreach & Constituent Services Task Force Chair (5 minutes) 7. Appointment/Renewal of Resident Members (5 minutes) ABC Committee John Neal, 1360 G Street SE (Burger, 6B06) Transportation Committee Michael Berger, 947 14th Street SE (Burger, 6B06) Hill East Task Force Andrew Johnston, 1366 G Street SE (Burger, 6B06) Outreach & Constituent Services Task Force Jessica Kahan, 505 15th Street SE (Burger, 6B06) Stephen Merrill, 1002 D Street SE (Oldenburg, 6B04)

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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, April 10, 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 [email protected], or visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Tuesday, May 12, 2015.

ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR MEETING

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue SE April 20, 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 March Planning and Zoning Committee HPA #15-282, 527 6th Street SE, concept/rear addition & deck, HPRB meeting – Thursday, April

23, 2015: John Helms & Kim Jones HPA #15-305, 631 South Carolina Avenue SE, concept/rear addition, HPRB meeting – Thursday,

April 23, 2015: Marina Galvani & Jennifer Fowler Second proposed rulemaking on proposal to adopt new Title 13 for sign regulations, comments

due to District Department of Transportation – Thursday, May 14, 2015 Resolution regarding Pet Waste Removal Sign

5. Presentations Anacostia River Clean Up Update: Richard Jackson & Sharon Cooke, District Department of the

Environment (10 minutes) DC Homeland Security and Emergency Management Agency (HSEMA) Initiatives: HSEMA

Representative TBA (10 minutes) 6. Election of Outreach & Constituent Services Task Force Chair (5 minutes) 7. Appointment/Renewal of Resident Members (5 minutes)

ABC Committee John Neal, 1360 G Street SE (Burger, 6B06) Transportation Committee Michael Berger, 947 14th Street SE (Burger, 6B06) Hill East Task Force Andrew Johnston, 1366 G Street SE (Burger, 6B06) Outreach & Constituent Services Task Force Jessica Kahan, 505 15th Street SE (Burger, 6B06) Stephen Merrill, 1002 D Street SE (Oldenburg, 6B04)

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, April 10, 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 [email protected], or visit ANC 6B’s website: www.ancb6.org. Next regular meeting: Tuesday, May 12, 2015.

8. Alcohol Beverage Control Committee ABRA-002195, Safeway, 415 14th Street SE, renewal, petition deadline – May 11, 2015, ABC

Board hearing – May 26, 2015 (15 minutes) 9. Planning & Zoning Committee

BZA #18938, 325 5th Street SE, pursuant to 11 DCMR § 3104.1 for special exception under § 223, not meeting lot occupancy requirements under § 403.2, open court requirements under § 406.1, & non-conforming structure under § 2001.3 to allow construction of two-story rear addition to existing single-family dwelling in CAP/R-4 District, BZA hearing – Tuesday, April 21, 2015: Gina Eppolito & Jennifer Fowler (15 minutes)

BZA #18992, 1015 E Street SE, pursuant to 11 DCMR § 3103.2, for variances from side yard requirements under § 775.5 & nonconforming structure requirements under § 2001.3(b)(2) to allow renovation & expansion of existing building to create five-unit apartment building in CHC/C-2-A District, BZA hearing – Tuesday, May 5, 2015: Congressional 1015 E Street, LLC, Brian Athey, Jamey Creasy, & Cary Kadlecek (15 minutes)

BZA #18994, 254 15th Street SE, pursuant to 11 DCMR § 3103.2, variance from the off-street parking requirements under § 2101.1 to allow conversion of existing one-family dwelling into five-unit apartment building in C-2-A District, BZA hearing – Tuesday, May 5, 2015: Rahmin Mehdizadeh, Hun Ah Lee, & Martin Sullivan (15 minutes)

BZA #18997, 148 11th Street SE, pursuant to 11 DCMR § 3104.1, special exception under § 223, not meeting lot occupancy requirements under § 403.2 & rear yard requirements under § 404.1 to allow construction of two-story rear addition with accessory apartment connected to dwelling by covered walkway in R-4 District, BZA hearing – Tuesday, May 12, 2015: Chris Lobb, Paola Barbara, & Jennifer Fowler (15 minutes)

PS #104198, 1300 South Carolina Avenue SE, install building projection, PSC hearing – Thursday, April 23, 2015: James Olsen & Jennifer Fowler (5 minutes)

PS #106438, The Ugly Mug Dining Saloon, 723 8th Street SE, add fixture (trash receptacles), PSC hearing – Thursday, April 23, 2015: Catherine Held & Gaynor Jablonski (5 minutes)

Letter regarding 2015 Rock ‘n’ Roll Marathon & Half Marathon (5 minutes) ZC #14-13, text amendment - rooftop penthouse regulations for all non-low density residential

development, ZC hearing – Thursday, April 30, 2015 (5 minutes) 10. Transportation Committee

Letter to District Department of Transportation regarding lack of funding for ANC 6B’s 2014

Performance Parking Zone project awards (10 minutes) 11. Eastern Market Community Advisory Committee Report (5 minutes) 12. Hine Community Advisory Committee Report (5 minutes) 13. Financial Matters (5 minutes)

Treasurer’s report Revised fiscal year 2015 budget

14. Adjournment

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ADVISORY NEIGHBORHOOD COMMISSION 6B REGULAR MEETING

Hill Center at the Old Naval Hospital 921 Pennsylvania Avenue SE

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

MINUTES Meeting commences at 7:05pm with commissioners present: Oldenburg, Flahaven, Chao, Krepp, Jayaraman, Burger, Samolyk, Hagedorn

1. Adoption of Agenda Flahaven suggest addition of following resident names to Hill East Task Force members to the agenda: Brynn Barnett 1802 Bay Street SE Krepp - 6B10 Katie Donahue 315 18th Street SE Flahaven - 6B09 Paul Kidwell 20 18th Street SE Krepp - 6B10 Erin O’Neill 113 16th Street SE Krepp - 6B10 Nike Opadiran 1520 Pennsylvania Ave SE Flahaven - 6B09 Natalie Overton 1707 Independence Ave SE Krepp - 6B10 Ross Parman 1514 Pennsylvania Ave SE Flahaven - 6B09 Oldenburg requests withdrawal of HPA 15-127 from consent calendar and add to Planning and Zoning business as new information since PZ Cmte. meeting will need to be heard Flahaven – motion to approve amended agenda, 2nd by Jayaraman 8-0 approved.

2. Community Speakout Robyn Bettarel w/ Cas Riegler – Announces community forum Thursday 4/12, 7p at Hill Center, room 111 to introduce project at 1401 Pennsylvania Ave and solicit comments and questions from community. Krishna Ghodiwala w/ the non-profit Collective Action for Safe Spaces- Goal is to end to street harassment – groping, cat calling, etc. Informs public of Talking about a non profit service – RightRides DC, which provides free, safe rides home for women and LGBT with a service area between 12am – 3:30am. Call or text 202-556-4232 and someone will pick up and provide ride home for free. Organization also is looking for volunteers. Jayaraman notes all Commissioners have arrived; Hoskins and Loots introduces themselves.

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Teresa Jones – We the People of DC, PAC founded last fall. Aiming to attain ideas of issues important to local community. Look for organization on Twitter Facebook. Mary Margaret Hook – Student at American University, this semester partnering with United Planning Organization (www.upo.org) to help plan and conduct community needs for 2015. Based on observation of community, social service, what can United Planning Cmty can help 6B residents with? Would appreciate feedback and time.

3. Community & Commission Announcements Flahaven – Thanks Chair Oldenburg and Commissioner Krepp for attending land disposition agreement ceremony for Reservation 13. It has been a long time coming; looks forward to reviewing designs and plans soon and hope to avoid criticizing the city on not moving forward quick enough. This is a positive first step. Hoskins – Next Eastern Market Community Advisory Committee meeting on March 29, 7p, North Hall of Eastern Market. Samolyk – Brent Elementary’s Spring Theater Play Willy Wonka Jr. - this Wednesday and Thursday, 3/11 and 3/12, from 6p to 7:30p. Open to public; all are welcome. (which commissioner??) Tyler Elemenatary March 14th Annual Alchemy of Great Taste, Eastern Market’s North Hall 7p-11p, tickets $50 advance purchase. Fundraiser offers evening of great food and beverages from local restaurants. More info at www.tylerelementary.net Burger - Captol Hill Cluster School’s annual The Cluster Rocks! Friday, 3/20 7-10pm at Atlas Theater 1333 H Street NE. Fundraiser for three cluster school campuses.

4. Consent Agenda

Minutes February

Planning & Zoning Committee 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

Statement of Appellant Marie E. Birnbaum (PDF) Opposition to Motion to Dismiss by Appellant Marie E. Birnbaum (PDF)

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Planning & Zoning Committee Presentation by Charles Hudman and John Kuykendall, owners of Surroundings (PDF)

Letter from Ward 6 Councilmember Charles Allen in support of Surroundings (PDF) 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 Flahaven motion to support consent agenda, 2nd Burger. 10-0 approved.

5. Presentation

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

Oldenburg introduces Rashee Kumar w/ DC Attorney General Office, Neighborhood and Victim Services Section. Kumar: Nuisance property officer assigned to district. Distributes handout with point of contact information. Legal nuisance is defined as drug, firearm or property related, as well as businesses that operate with out property licensing. AG office also monitors vacant properties, improperly kept properties, housing and construction violations. May not be able to sue a property owner but may be able to help, can work/partner with ANC commissioners. Chao – Question of when to contact DCRA v. AG. Answer – feel free to contact and depending on who is at DCRA, is willing to help reach out the right contact. Main difference is criminal activity, eg., drugs, squatters, crack house, etc. Purpose of formation of AG office was to close crack houses.

Jayaraman - What happens when owner / landlord lives in a home and allows basement to be used but say they have no idea what is going on when questionable activities arise? What about properties that are not vacant but are neglected or if landlord ignores activity going on under their nose. Kumar: Definitely work on those type of properties too, whether occupied or not. Jayaraman – Do you need proof or can one simply suspect and report? Kumar: If something is suspicious, please do tell AG office to see what we can do. Seth Shapiro w/ Mayor Bowser – To report, one does not need to have proof. Police will go by and see what kind of activity is occuring. But investigations will happen, as long as we be careful about false reports based on negative rapport between neighbors. E.g., vacant property isn’t nuisance just because they are vacant.

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Zach Israel – Recent legalization of marijuana - has AG office adopted property in that regard? E.g., smoke that wafts over to other property. Is AG office being cautious, about how to work around congress? Kumar: Have received a lot of marijuana calls. Especially those w/ shared ventilation. There isn’t a whole lot one can do. It used to be drug nuisance, but now not much can be done. There used to be process designed by MPD. Call typically is one where one had a baby and get calls due to shared air. AG office would have to apologize and say there isn’t much we can do. Samolyk – Can one be anonymous when calling/reporting? Kumar: Yes

6. Appointment/Renewal of Task Force Resident Members

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) Brynn Barnett 1802 Bay Street SE (Krepp 6B10) Katie Donahue 315 18th Street SE (Flahaven 6B09) Paul Kidwell 20 18th Street SE (Krepp 6B10) Erin O’Neill 113 16th Street SE (Krepp 6B10) Nike Opadiran 1520 Pennsylvania Ave SE (Flahaven 6B09) Natalie Overton 1707 Independence Ave SE (Krepp 6B10) Ross Parman 1514 Pennsylvania Ave SE (Flahaven 6B09)

Outreach & Constituent Services Task Force

Elizabeth Schulman, 236 9th Street SE (Hagedorn 6B05) Oldenburg - Two task forces voted last month to reinstate: Hill East and Constituent Services. Now there are 12 resident names altogether we are considering. Flahaven motion to approve resident member of two Task Forces as presented, 2nd Krepp, approved 10-0. 7. Election of Task Force Chairs Oldenburg –Last week one person stepped forward for Hill East Task Force. Will call for chair for Hill East Task Force. Krepp motion to nominate Brynn Barnett, 2nd Flahaven Oldenburg – This is a new opportunity, changed bylaws of standing rules in February to enable resident member who served one year to be chair of a TF.

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10-0-0, motion approved. Oldenburg- Are there any nominations for Chair of Outreach and Constituent Services Task Force? Hagedorn – Should we wait for more members? Oldenburg – We can try again next month. Flahaven – Can/will chair Outreach/Constituent Services Task Force if no one steps up by next month.

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

Oldenburg – Have a Settlement Agreement tonight, which has been worked on for months. Appreciates anyone who have had input on this; could not have committee meeting last Thursday due to snow; thus we are doing this without recommendation from the committee. Loots – Unfortunately just noted this evening there is a drafting error in version circulated yesterday. Appears on page 2 paragraph 4. Hours of operation, second line should read Monday through Thursday, not Monday through Friday. (For clarity Loots read through hours to be permitted open Monday Friday – 11a -2p, closing miday, Monday – Thursday from 5p to 1030p, then Friday 5p-midnight.) Then pick up with Saturday-Sunday hours, which were correctly printed. Thanks members of the community for tenaciously participating in process. 3 hour meeting last Monday. Issues were aired. Many of them were operational concerns and took to heart issues, and showed good faith to continue to work on issues that could not been included due to issues being beyond ABRA’s jurisdiction. Most of the changes as a result of the meeting were to clarify protections extended to neighbors. Draft as previously presented include neighbors across the alley, 7th street side, to contiguous block with exception of commercial overlay. Basically the side facing 8th street as opposed to I, G or 7th Street. Applicant also agrees to; clean sidewalk daily; speaker to be directed down towards the atrium; close doors anytime when live music is played, modify hours of sidewalk café as seen in paragraph 3. Drafting changes to clarify language. Other one substantive change was in response to request of committee. The applicant agreed to scale back Friday and Sat. But now it is back to midnight, as opposed to 11:30p, because it is an economic term that is necessary after making other concessions. Hoskins – Asks if applicant is present, applicant is not present. Oldenburg asks Loots if he can speak on any other pending matters.

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Loots - Agreement between applicant and attorney. If ANC agrees to adopt this, the applicant and attorney willing to sign and is on board. Hoskins – Is it practice to postpone the proceeding until applicant is present? Jayaraman – Applicant did not expect how quickly ANC moved to this point on the agenda and is open to delaying until he arrives. A lot of work was done on this. Compliments Ms. Charles and Elliott. Working, negotiating line by line, section by section. (On this case, the ANC postpones until later in evening after applicant arrives, item reconsidered below) Ms. Barbara Charles circulates a statement. Charles - Although late in the game, appreciate the discussions. Unequal playing field is a serious issue, not just one for the ANC but also for protesting neighbors. We may be setting a precedent, as this is first ANC case under this new rule to negate a neighbor’s protest. Believes none would really like to have addition, among neighbors. Last Monday, applicant said all neighbors would be included in noise abatement. Now Settlement Agreement (SA) excludes 8th Street. Appreciate commissioner Hoskins bringing up hours issue. This SA needs to follow license, and according to Ugly Mug general hours should start at 1130 Mon through Thurs. Hopes that lengthy process has two good outcomes. 1. Future liquor applications, neighbors, when there is a known protesting group, should not have to hire a lawyer to talk to ANC. 2. Hope all establishments on Barracks Row would be good neighbors and be concerned all rules and regulations are followed. Paul Sloan -700 block 7th SE - Neighbors are going to have to put up with what gets done in neighborhood. We live sleep, work there, put up with….thought SA was going to be good, but now am hearing other issues, maybe will have to “eat”. Zach Israel – 1391 Penn SE - Young resident perspective. Patrons Ugly Mug. Barracks Row corridor is commercialized with bars and restaurants. Not much offerings in Hill East. As a younger person go to 8th street. Although not purview to all details but seems like applicant has given a lot in good faith and it is perfectly reasonable to go to a bar up to midnight in large metro area. It is a fair deal, and urge ANC support. Jablonsky – Don’t know how this came about, but somehow people think he agreed to give R4 classification on 8th. But agreed only to 7 and I. Impossible to do so for 8th street. Elliott – On behalf of the large group of neighbors written in, would ask given DC code requirement that establishments with liquor license cannot violate any other dc code and that commission explain to public why we are double ugly mug size, and new precedent for retractable roof, given health code violations and habitual fires and lack of cleanliness for grease exhaust. Jayaraman – Move that we adopt the SA as it stands with changes Loots clarified the typos on page 2. Flahaven – Friendly amendment to formally withdraw the ANC protest.

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Jayaraman – Accepts withdrawal of the protest with adoption of the SA. Hoskins – Appeal to fellow commissioners on the Friday/Saturday changing closing hours to 11:30. Motions to change Friday/Saturday closing hours to 11:30pm. No second. Motion fails. Oldenburg – Motions to adopt Settlement Agreement and drop ANC’s Protest. Approved, 6-1-3. Oldenburg, Chao, Flahaven, Jayaraman, Burger, Samolyk support, Hoskins oppose, Loots, Krepp, Hagedorn abstain. . 9. Planning & Zoning Committee HPA #15-255, 515 7th Street SE, new garage: Sonya Sweek & Fredrick Holl (late-breaking)

Went to BZA hearing– garage case – ANC working with applicant. Turned out alley between the two houses is all applicant’s and no longer counts against area. Oldenburg - Motion comes from the committee to recommend to support application and will ask for a vote. Motion to support application 9-0-1 approved. Samolyk abstains.

HPA #15-127, 146 13th Street SE, concept/rooftop addition: Hubert & Jennifer Schoemaker & Ali Honarkar

Honarkar (architect) – When we approached L’Enfant Trust, Jan. 15th, Comment was made that solar panel vwas visible. Upon meeting and discussion, concluded there is no way for solar panel to disappear. Larger issue of 3rd floor roof access existed and if solar panels are an issue, it would be removed. Last week at PZ Committee hearing one of the resident commissioner asked why it was removed. Answer was because there are other bigger fights. L’Enfant trust reached out to architect and both feel that they did the right thing to remove panels. Although talks did occur about other kinds of solar panels that aren’t on the roof and is not visible. Burger – Reads motion from PZ Committee – Committee moved to recommend commission support HPRB noting opposition to restriction of solar panel by L’Enfant Trust. And send copy of letter to L’ Enfant Trust. Oldenburg move that we strike reference to L’Enfant Trust. Hoskins – comment re: ANC letter to L’Enfant Trust – move that we include reference to solar. Disappointed to hear that the panels were removed because of concerns raised by the L’Enfant Trust review process. Thinks that it is terrible to discourage homeowners from pursing clean energy because of being visible. Understanding is that AC units would not be treated the same way and that in many cases solar panels are held to higher standard than other energy infrastructure. Honarkar - in our case L’Enfant Never said solar panels were prohibited, but just that it had to be concealed.

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Oldenburg – Can find language to address Hoskins’ concerns and not mention L’Enfant Trust. Burger – What did Historic Preservation Office say? Honarkar: No comments were issued to solar panels. Burger – Did not note opposition to unwilling ness to support solar panel but just restriction. Thus think language is OK. Flahaven – Agree w/ commissioner Burger. Motion on Table Hoskins –Move to amend existing motion to clarify that ANC 6B does not support efforts to minimize or limit green energy infrastructure within Historic District and supports equitable treatment when compared to AC units, 2nd Krepp 2nd Krepp. 6-4. Amendment Failed (Oppose: Samolyk, Oldenburg, Flahaven, Loots, Hagedorn, Burger Support: Hoskins, Krepp, Jayaraman, Chao) David Morris of 152 13th Street – Concerned about the nature of the pop up, concerned that it rises up 9 feet. Amount of light we have on Capitol Hill is limited and this would limit the amount of light. Also concerned about the precedent it would create if we allow pop up on that street. Houses are changing hands, and one will be opening up the floodgates if we allow pop ups. Oldenburg – Air and light are not HP issues, but zoning. This ANC voted to support R4 to lower to 35 feet so are on record to the zoning commission. Motion is recommendation from committee Vote 9-0-1, approved; Oldenburg abstained.

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 Burger – Planning & Zoning Committee at its 3/3 meeting decided to take no position pending new information and thorough discussion between applicant and neighbors. Previously came before HPO, HPO unwilling to support curb cut. Land locked property, not allowed to drive cars onto property, seeking variance for 8 unit building. Multiple members of community expressed concerns about condition of property, and concerns developer has not communicated sufficiently with community about proposed plans. Oldenburg – Recognizes Applicant Todd Ragimov Ragimov – Introduces himself, Toye Bello, leads effort on zoning process, Ram Ali, architecture, Denise Daniel as individual to address voice of neighborhood. Since last meeting had great

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feedback, did lot of effort to reach neighbor and give more information. Contrary to opinion of some that we never reached neighbors, I was reaching neighbors since I bought property first day, frequent communications on my part, and responds quickly to neighbors’ concerns. Denise Daniel – Intro – hired by Ragimov to collect community voice. Hired after 3/3. Approached Ragimov to ask to help out with community outreach. Have had experience on this with regard to Eastern Boys and Girls Club. Recommended signage, contact info, Chao – Asks for impacted neighbors to have copies of disseminated documents. Daniel – Continues presentation - Signage on front and back property fence. Visuals, since March 5th. Also designed community survey. Qualitative survey distributed to 60 homes immediately surrounding building. Shared neighborhood feedback. Sunday March 8th was the deadline, but will keep checking for feedback. Feedback results on page two – overall efforts received 6 responses of 60, 10 percent. 3 surveys collected, 3 emails and phone calls. 4/6 comments welcomed progress. 2/6 concerned about trash solutions. 2/6 concerned about occupancy, 1/6 concerned about building height, 1/6 concerned about overall construction on adjacent properties. One letter of support from a neighbor on the block. Also photographed canvassing. On last snow day, common for most cars parked at neighborhood at that time. Took snap shop photos – granted it is one day, but it would be the day where most of the cars would be on the street. Collection box is on property for people to drop flyers. Appendix E is letter of support by Mr. Anderson via email, endorses proposal, looks forward to property in neighborhood. Chao – Disagree with conclusion and neighbors will give detail why it is erroneous to assume cars parked on snow day is perhaps heaviest/crowded. Ragimov – Wants to add that they value and want feedback. Look forward to meeting with neighbors, always available, and will continue to meet with neighbors. Chao – Asks commissioners to take pictures of parked cars with grain of salt because peak parking does not occur on a snow day. There are many visitors who travel and take up space and we expect that during snow day, there would be plenty of parking spaces available. Am glad that outreach has begun, and was surprised last week at the lack of consultation. Commissioners have probably made statements last year. A comment made to HPO was ANC could not support because did not see enough information and urge applicant to meet with neighbors. This is a very interesting lot in that it straddles between I Street and Potomac Street SE. Has a pentagonal shape with an arm that stretches out to I Street. One question that came up, is the issue of rear setback. Are you saying the rear of the lot is the narrow stretch of the rectangle that faces I Street? According to DCRA’s brochure, the rear of the lot has to expand the width. Toye Bello – This is by definition a through lot. Thus regulation allows one to draw a line from the middle front of the lot through the end of the lot and law allows for it. Chao – who did you check with to ensure this is accurate. Bello – I am a qualified zoning expert. I didn’t speak with anyone. And I also served in capacity as zoning administrator so I know what I am talking about.

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Chao – I am not questioning your credentials. I’m asking about the processing. But you didn’t to speak to anyone? Would you be willing to speak to someone, maybe I can get on a conference call to quickly verify this? Bello – Glad to send email to zoning administrator, but the subject matter is BZA to consider and they are experts. Oldenburg – It is zoning regulation that is odd and this is a very unusual shaped lot. Suggest we could make reference to our concerns about what is considered what is considered the rear of the lot, because the implication is for setback and some neighbors have rightly have concerns where the building is set right up against their rear yards. Chao – To Bello, knowing you are an expert, can you think of another case similar to what has been done on Capitol Hill since you are knowledgeable. Bello – Quite frankly is not precedent setting issue, it’s a definition issue. A through lot is a defined term in zoning regulation. That definition will tell you a through lot, the rear yard is allowed to be measured to the center line. Chao- Can you think off the top of your head an address or development that’s similar to this situation where BZA / Zoning signed off where you have said. Loots – To the applicant, Re: email marking Appendix C to our presentation, vague reference to incentives for tenants– “One or two membership to Capital Bikeshare, metro programs, etc.” Those are all good ideas, but am wondering what commitment you are willing to make to address parking. Apart from floating ideas, what commitments are you willing to make for your tenants? Bello – because this is parking variance, mitigating factors are important for the BZA. These are elements commissioners are within power to set. The BZA can incorporate ANC recommendations into the order. Loots – I understand, but my question is what are you willing to be bound by as part of package? Ragimov – We will include all items in presentation, we will go by recommendation by BZA. Loots – it is still to me, that it is up to you to make a concrete proposal. I could say I vote in favor if you restrict RPP to four out of eight units, we can arbitrarily say that but it is more incumbent on you to propose solutions. Ragimov – We did some research, this is a walkability paradise, next to metro, grocery store, based on our research a lot of people who live there will walk. Capitol Bikeshare and Ridesharing services is something we can do. Loots- Your point is well taken that it is a blank slate for us to write on. Krepp – My best description so far is that “it’s squishy” – I’m going to follow up on Commissioner Loots’ question. He asked you a specific question on what you would be willing to propose, are you going to give me e.g., A.B.C.D. Your response is possibly A, maybe D, maybe we’d be willing to

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make recommendations. You can’t do that. You have to be very specific. The other concern is that at the 3/3 meeting, was astounded by concerns by neighbors voiced that goes back 18 months. Have you addressed all the concerns raised on Tuesday? There were a lot of folks there. Samolyk- I commend you for all the work you have done since last week’s meeting. You brought somebody on, reached out to neighbors. You definitely embraced what we have to say to reach out. I know right now it is an abandoned property; any progress we make would be an improvement. But I’m interested in what the neighbors would say. Hoskins – Question – Property in red square on handout- is that going to be demolished? If so, when were you going to raze it? Bello – By the time we get approval by BZA, then we get into permit process. Hoskins – previous case was for smaller number of units. Now that’s completely abandoned. I’m really surprised that there has been all these changes that has happened. Is this historic? Bello/Oldenburg – yes, historic area, but no not historic property; HP has no problem with it coming down. Bello – This explains big pause in time. The first time we did the project, it was by right, 5 units, 2 parking spaces. Was going to maintain existing structure since that would have given us a credit of 1 parking space, so all we needed was to provide 2 spaces. We showed up to presentation at planning and zoning presentation with this option. Option A with 5 spaces was a complete package. Options B&C were incomplete because we were working with HPRB on curb cut design. The only thing different from last week 3/3 is the last page with revised plat which responds to two comments, one with trash other with condenser. Flipped condensers from western to eastern property line. To address units being too close to wall and window of 1218 Potomac SE. We put them on concrete pad, put 3-4 inches below grade, green buffer all around it. The specs of that unit is more advanced condenser unit that would provide much less sound. For trash, also included spec sheet. All bins with not be visible and be inside a component. A private company will come and pick up trash and open compartment and leave. Burger – Throw a couple of things out to see what people think. Last information you presented was helpful to address the issue of trash and AC units. Did you look at putting them on roof? Bello - HPRB requirement of height is reason why we could not put on roof. We cannot build any higher. Burger- Only issue in front of us, though Commissioner Chao raised the issue of zoning, is parking. We do have precedent in another BZA case of requesting, having support, making contingent on restricting RPP given no parking provided. Maybe we can move forward and disagree with zoning administrator on rear setback. We think maybe that should be revisited. Maybe also make a comment on zoning, throw those out there to get a reaction maybe we can move to action. Chao – With regard to parking, we aren’t the only part of DC working on this. Near 14th and Church NW, a developer worked with ANC and yielded the most stringent RPP language. It is to very

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extreme and requires FOIA DC each year to see who have applied for RPP and fine resident who have applied for RPP. Oldenburg – Are these rentals or condos? Ragimov – Still contemplating idea. Oldenburg – Typical that applicant would decide after a building is completed. Linda Green – 1200 block of I Street SE. Brought pictures from back side of property, distributes copy to commissioners. In terms of the trash bin, if you have private service, how will one get access? What is their frequency of trash pick up? My fence will border 3 stories of a building. If you see from Potomac Ave, you can see houses in the rear, and I’ve marked the rear of 1215, 1217, 1219 and 1221 of I Street SE. (Ms. Green describes photos shown to commissioners, showing land locked properties of I Street should the proposed structure be built, and a photo of one telephone pole which connects 22 properties) How will this new structure re-arrange the telephone poles? How will lines connected to the pole be handled? Will easements be required? Another additional story would tower buildings. Oldenburg – we’ve already spent a lot of time on this case, can you get to the point? Green – The point I’m raising is the issue of setback, right on the property line; we are land locked from a fire access/safety issue. Condensers and the claustrophobic feel that will appear, without enjoying my backyard. Gregg Orton – 1215 I Street. Would like to echo Ms. Green’s concerns re: condenser noise, trash. Currently it was a single family home, now adding volume of 8 units would contribute to trash, condenser noise, etc. Some pictures shared by Ms. Green, we have concern about the removal of the tree. How would it impact our foundation. Our main concern is timing. We’ve been there for over a year and only learned of this project as of last week, being notified by Ms. Green. We’re just getting caught up now. We’d like to see a more robust conversation by the ANC before the BZA meeting. We’d like to participate at the Saturday meeting too. Oldenburg – If this commission wants to say something to the BZA , we have to vote tonight. We only hold a meeting a month. If we don’t say anything at this meeting then we can’t make known our position at all to BZA. Meina Bahn – 1215 I Street SE – The adjacent way straddles the entire side of our house. Our back lot at 1215 backs up against the 1220 development as well. Thus AC units will line along the entire side of our house. Hillary Miller – 1212 Potomac Ave SE – first wish to say everyone is in support of property being redeveloped. It is an eyesore. It’s a timing and communication issue about how it’s being done. Adding 8 units is a huge increase, and I understand the zoning law. I commend you in getting a support letter from Mr. John Anderson, in your Appendix E presentation to the commissioners. He does not live in this property; he lives in Annapolis. This is his rental unit, two of the three residents have cars, FYI. I also have pictures from yesterday re: parking. 4:30-8pm, beautiful weather. No parking on street. Why? Influx of people coming in to visit and congregate at two

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parks adjacent. My big question is why do we have laws on curb cuts? Why do we have to allow a variance. His hardship is that he can’t cut a curb to supply parking. Is that really a hardship? Yes we all live in a city, and love walkability of community, but people still have cars – people need to go to Target, etc. It’s the reality of Capitol Hill. Adding 8 units and having additional 16 cars parked on the block is a problem. Would prefer larger and fewer units; would solve a huge problem. Oldenburg – a resident can ask as many RPP stickers per household. We have places where there are 6 cars per household. Miller – I think we are saying that for 8 units, if as you say, there are 6 RPPs per house hold in capitol hill, then for 8 units, we would have a lot of cars. Flahaven – Let me say that as someone whose SMD has 110 new apartments going in one block span, to hear 8 units would cause mass disaster is hard to take when I have 110 new units coming in. If you extrapolate some of the arguments heard today, you would have 250 cars coming in; that’s just not going to happen. Having said that, we have precedent and certainly hear neighbors have concerned. Efforts of outreach are appreciated by applicant but his efforts is too late. We support contingent on restrictions of applicant’s RPP allowance. WE can’t really speak to other issues in this case except to say we feel the zoning administrator’s interpretation is incorrect. But the determination has already been made. Chao – I respectfully disagree. I need time to sit with applicant and neighbors that is very apparent. I fear that if we sent a motion of support, it would not bring applicant to the table to hash out differences in the few weeks. We need time and ANC members on our side to help us. Oldenburg – you think if we don’t support this case, it would give you more leverage to talk to the developer before the BZA hearing? Chao – Yes. Given their history of not having reached out to the neighbors. I’m sorry they flunked on that. I would be more comfortable for opposition motion and assign myself as ANC commissioner to continue to work with neighbors, and grant support only if the applicant showed that he has met our needs with regard to RPP. I would like to show up at the BZA hearing to say that “the residents have had their say and the applicant has done what he can do on our ANC motion and we would support his application given that he has done what he can.” Oldenburg – What more do you want to get from the developer at this point? Parking? Rear setback? Chao – a thorough dialogue to talk about zoning’s decision, talk about reducing the number of units, explore issue of a fellow commissioner in ANC 2F who initiated the concept of FOIA to find out whether residents violated RPP restrictions. Oldenburg – that’s part of talking about parking restrictions and we can do that with our motion. Hoskins – it’s pretty clear that there isn’t enough time to figure out a right path forward. I’ve seen positive momentum, but it’s clear that there are far too many unanswered questions and neighborhood concerns, so I’m inclined to support commissioner Chao in opposing with the

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expectation that the next month the applicant can work with neighbors and come to an agreement, then we would support. Oldenburg – What issues would those be to be addressed in addition to what we have discussed? Hoskins – There are far too many issues unanswered, e.g., condo v apartment… Oldenburg – You’re not going to get that answer until later, Hoskins - I think that the developer came to us over 6 months ago and it is clear they have not sought neighborhood input. I just don’t think there’s been a good faith effort during the period the case was last heard. They received clear direction from this ANC to seek neighborhood input and that was 6-months prior to last Tuesday. Krepp – I support Commissioner Chao, I’m very concerned that you have neighbors that may possibly have huge number of AC units next to their property, and with the huge building facing their backyard and the issue of parking. Those are major concerns that we need to be OK with before we sign off. Flahaven – Let me play devil’s advocate. I have the utmost respect for community and Mr. Chao. My view is taking opposing view delivers the exact opposite what you want. It tells the applicant not to negotiate because you are opposing the applicant in front of the BZA. It puts it in the BZA’s court to say “should we grant this parking variance or not”. BZA can decide, “We do grant parking. ANC never said in their letter why they oppose it. Just that there need to be more engagement.” I think we need to be careful about what opposition means. We are telling the Board that we do not support this moving forward. There’s no opportunity for us to change our mind if there’s great outcome from negotiations in the coming weeks. Community engagement has been poor, but we need to get to a point to consider parking variance. There’s a solution to restrict RPP, if they don’t do it, we oppose. We can reference in the letter other issues in front of us. On what grounds are we opposing it? I think there’s more leverage if we support it. Loots – My concern is similar on procedural basis. If our opposition to BZA is based on other issues, what if BZA only focus on parking? It is important for us to keep in mind that we are only asked to opine on parking. If we oppose it we have to articulate why parking is an issue. Other extraneous issues could be lost in translation. Burger – If the rear lot setback was an issue, the BZA would have asked ANC to address the issue from the beginning. Not that Zoning administrator does not make mistakes, and that you can’t question whether zoning made an error. Samolyk – I like the direction that Commissioner Flahaven is going. I’d like to add in the letter in our motion I would like us to see more engagement. Chao – Reads minutes from last June – (Reads from June 2014 ANC 6B minutes – could not support plan, support and expect delay, insufficient outreach to neighbors) Conscience is clear; I feel that I need to represent the neighbors. This is déjà vu. Last time it was HP and this time it is BZA. Vote your conscience. My commitment to the neighbors and to applicant is that I will hold as many meetings as applicant and neighbors need to move forward.

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Ragimov – And I will attend those meetings. Oldenburg – Is there a motion. Ms Green very quickly please. Green – I recommend that we ask the applicant to withdraw their application in front of the BZA so that we have more time to work with all parties on remaining issues. Burger – In general I’m not enthusiastic about restrictions to RPP, but will motion that the Commission support the application conditional on the applicants’ inclusion of measures to mitigate effects of the parking relief sought, including restrictions to the RPP for all units in the building and transportation demand management measures. If the BZA does not accept these measures then the commission withdraws its support. The Commission also notes significant challenges with communication between the applicant and the neighbors and that we expect continued engagement going forward. 2nd Samolyk. Approved 6-3-1 (Oldenburg, Flahaven, Burger, Hagedorn, Jayaraman, Samolyk support; Chao, Krepp, Hoskins Oppose, Loots Abstain) Letter commenting on Eastern Branch Building redevelopment proposals Oldenburg – Commissioner Flahaven has a letter with changes to letter by Commissioner Krepp, which was considered and approved by Planning and Zoning Cmte. Flahaven – To address concerns raised by neighbors and one developer. The letter pending now strikes specific language related to one development proposal, which readers could have been insinuated that ANC felt collusion occurred with regard to one of the proposals. Flahaven - Offers an amendment in nature of substitute for the letter discharged from committee, 2nd Loots. Krepp – Offers friendly amendment to cc to the Mayor and Council. Denise Daniel 1704 Mass Ave SE – in 4th paragraph down re: 3000/month. Would like to reflect numbers that ranged from $2500 to $3000 per month. Would request the letter reflect that, it was reflected in presentation. Corey Powell – w/ Dante Partners – wishes to thank Krepp and Flahaven throughout the process. While we understand overall concerns we all have, we are committed to making a building that everyone can be proud of. Vote is for friendly substitution amendment offered by Flahaven, 10-0 support. Motion for recommendation by committee on Krepp Letter commenting on Eastern Branch Building – 10-0, approved.

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10. Transportation Committee Report Committee Report (PDF) 11. Hill East Task Force Report Task Force Report (PDF) 12. Eastern Market Community Advisory Committee Report *The EMCAC committee convened at 7pm at the Eastern Market North Hall on 2/25/15.

*A digital recording device was used and the meeting was recorded in an effort to make the proceeding

accessible to the public.

*Marketing report by Chuck Burger

The EMCAC subcommittee for marketing & promotion reported on their first meeting with 15

participants. The purpose of the committee is to recommend and assist the Market Manager and

Market community in promoting the Eastern Market and its business to the local neighborhood,

metro area, destination tourists, and international visitors.

Goals include coordinating and leveraging existing assets of the market, vendor and local brick

and mortar businesses; introduce cross promotion between businesses within EM and business in

EM area; strengthen the market brand; enchance arts/culture; increase sales; etc.

Developing market strategy around three core areas: 1) Buy Local Campaign; 2)

Advertising/Branding; 3) Event and Programming Levels for N Hall, EM and EM Zone.

* The Market Manager presented the monthly report showing revenues of $ $67,293.62 for January 2015.

* The Market Manager shared information about the pipe burst and response. Barry reported that the

freezing temperatures of the past weeks caused a water main to freeze and burst. They hate to close down

the market but were forced to close for a Sunday. The room that was the issue has since been insulated

and heaters have been added to ensure that it won’t happen again. More insulation and stronger heaters

are coming soon.

*The Market Manager also reported on Parking options for the weekends and shared preliminary findings:

Weekends: Up to 100 spaces in the underground parking garage right at the end of the alley

18 spaces at Seward Square and 6 on Pennsylvania Avenue

2 spaces adjacent to the Frager’s pad

Very preliminary and there is a cost involved in the top two that will need to be discussed and

other additional arrangements need to be made before making commitments.

* EMCAC reviewed and accepted changes from the Application Advisory Review Committee concerning

improving the application score sheets for new EM vendors.

*Preparations for moving the flea markets to lower part of 7th

Street continue.

*EMCAC next scheduled meeting will be at 7pm at the Eastern Market North Hall on 3/25/15.

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13. Authorization of & Reports on DC Council Oversight Hearing Testimony Oldenburg – Have now a draft Testimony for WMATA circulated this afternoon and another for Human Services re: DC General. No objections for DC General. Re: WMATA, objects to current form; but have no issue being executed as SMD testimony. Specifically, wishes to delete verbiage, lists sections with suggested deletion. Fully understands why WMATA is not willing to come out to community under federal investigation. Hope that they will explain after investigation ends. Don’t expect them to brief us, so opposes language that criticizes WMATA for not holding briefings now. Krepp – Have testified in front of WMATA, also responsible for writing mass transit communications language in Congress’ 9/11 Act. Can attest that WMATA has not met federal statute. Have lived here since 1991 and has never been involved as DC resident in any DC mass transit exercise. Unacceptable after 9/11, especially with thousands of residents, Members of House and Senate, high ranking officials using our 6B metro stations. If WMATA had done exercises, they would have known the disconnect. The fact that they did not do so is a problem and am unwilling to accept these gaps. Burger – Recent events were horrendous but don’t think the letter gives breadth of feedback to council about WMATA. But think that may be best served as a letter from Krepp. Krepp – Are fellow commissioners telling us we should not be concerned about WMATA not conducting safety exercises, endangering local residents’ lives? Flahaven – Doesn’t see how it would hurt at all. Those who speak up about WMATA, there was a serious problem, tragedy, and we should respond and comment. The more we draw attention the better. Don’t see where the downside is. Burger – one striking example in letter – “WMATA unwilling to brief ANC commissioners”. Does not think sufficient time has lapsed to make that statement. Feel that there should be more time to discuss. Krepp - Amenable to striking that line. It is incumbent on us to do this, more ANCs should comment. Oldenburg – We have not as a body had a conversation on this. Hope that the sentence would be removed. Burger- Can’t expect them to respond in a month. Krepp – Issue is that they have not done exercises in 8 years. WMATA excuse to not hold exercise in our area is unacceptable. Loots – Also troubled that WMATA has not gotten to brief us, but that sentence has to go. The general concern about failure to have exercises is valuable.

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Flahaven offers friendly amendment to strike sentence (WMATA’s refusal to brief ANC). (which commissioner?) Move we vote on testimony as amendment authorized by 6B, 2nd Flahaven. 8-0-2, passed (Oldenburg, Burger abstain) 14. Resolution Regarding Pet Waste Removal Sign - postponed 15. Financial Matters Treasurer’s report – *Opening Account Leger Balance $13, 296.93

This is the ending balance from FY15 Q1 report

*National Capital Bank Balance $13, 825.93

This is the account balance as of the 1/30/15 statement

*Total Expenditures 1/1/15 to date $3, 822.73

*Income $0

Note, this does not include any income dated after 1/30/15 because I have not received more recent

statement. With new enrollment in online banking to view statements, this should eliminate lag.

*Leger Balance as of 3/10/15 $ 9, 474.20 Hoskins motion we add 400 dollars to budget for telephone landline for FY 15, 2nd Burger,

10-0 approved.

16. Personnel Matters Oldenburg -at end of month, no longer have authorization to continue w/ ED. So sent today a draft contract with current ED for another 3 months, the amount put into FY 15 budget as we adopted. The funds are in the budget to continue another 3 months. As someone who just took over as Chair and learned things that goes on in background, am not prepared to start doing work ourselves. During 3 months period we should come to grip to what will occur in July. Burger – clarifies issue voting on is whether we have Susan Eads Role on board still for 3 months. Oldenburg – only change made was on page two where dates under A and changed Chair’s and Treasurer’s name. Yes, effectively vote on Susan’s continuance for 3 months. Hoskins – reference to keeping office space clean? Oldenburg – job description; not in contract. Burger move we extend Susan contract for 3 months, 2nd Samolyk Loots – discussion to authorize Chair to enter and execute contract Burger - Motion to authorize Chair to enter and execute contract, 2nd Samolyk

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Jayaraman – Mentions hourly rate in contract. Is it $22 or $23? Re: portions under Benefits and Compensation for wage to change. Burger- Let’s stop “kicking the can” and begin on a plan. Can we discuss soon. We need to understand what staff we want to have that is sustainable. Oldenburg- Will discuss at EC meeting on 31st of the month. Can we vote on motion 10-0, approved. 17. Adjournment Flahaven moves to adjourn until next business meeting on Monday, April 20th 7pm.

April 21, 2015 Tommy Wells, Director District Department of the Environment 1200 First Street NE Washington, DC 20002 VIA EMAIL: [add address] RE: ANC 6B Resolution on Dog Waste Director Wells, On April 20, 2015, at a properly noticed meeting with a quorum present, Advisory Neighborhood Commission (ANC) 6B voted XX-XX in favor of the attached Resolution on Dog Waste. It is our understanding the District Department of Environment does not currently have funding in its budget for “scoop the poop” signs. When money is available for this purpose, we request that such a sign be placed on the 0-100 block of 18th Street, SE. Thank you for your assistance. Sincerely, Kirsten Oldenburg Chair

ANC 6B RESOLUTION ON DOG WASTE Whereas, The District of Columbia (DC) Department of Public Works (DPW) is the agency responsible for enforcing all sanitation regulations for the District; Whereas, The DC Department of Environment (DDOE), the DC Department of Transportation (DDOT), and DPW are working together to post signs in DC 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 DPW 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 unit (0-100) block of 18th Street SE despite the fact that residents can be fined $150 to $2,000 for failing to comply with the DC regulations; Resolved, That Advisory Neighborhood Commission 6B (ANC 6B) requests DDOE, DDOT, and DPW post a dog waste removal sign on the 0-100 block of 18th Street SE; and Resolved, That ANC 6B thanks DDOE, DDOT, and DPW for assistance with this matter. Attest: Date:

Daniel Chao Secretary

April 20, 2015 TO: ANC 6B FR: Brian Flahaven RE: Resident Members for April 20, 2015 Agenda The following resident members were submitted for consideration on the April 20 meeting agenda. ABC Committee John Neal (Burger 6B06) 1360 G Street SE [email protected] John Neal served in the US Navy in Asia, the Middle East and the Pentagon from 1994-1999 after

graduating from the University of Notre Dame with a degree in Government. Following completion of

active duty, he worked for a number of local technology firms including MicroStrategy, BearingPoint and

Symantec in sales and customer service roles. In 2004 he joined the Federal Bureau of Investigation as a

Special Agent and was assigned to the Buffalo, NY Field Office through 2007, when he was transferred to

the Washington Field Office. He was promoted to Supervisory Special Agent in 2010 and worked in the

Office of Congressional Affairs. He has worked as a FBI Detailee on Capitol Hill and obtained his MBA

from the University of North Carolina at Chapel Hill in 2012, where he concentrated on global business

and real estate.

John purchased his home at 1360 G Street SE in 2000 and with his wife Meagan, has been an active

member of the community and his neighborhood. He co-founded a charity that has raised more than

$250,000 to support athletic and cultural activities on behalf of at-risk youth in Washington, DC and

Belfast, Northern Ireland. This month, the Belfast-Beltway Project sponsored a team of local amateur

boxers to travel to Belfast, where they are competing in a tournament against a cross-community team

from Northern Ireland. In addition to the competition, the charity has arranged for the DC youths to

attend a number of cultural events.

Transportation Committee Michael Berger (Burger 6B06) 947 14th Street SE [email protected] I live with my wife Fatema and children, Avi (4 years) and Ilana (11 months) at 947 14th St. SE. We moved onto 14th St. in January after living for 10 years on the 1400 block of Ives Place. I have volunteered on a few Cap Hill political campaigns and stay in touch and friends with many neighbors I have met on those campaigns which helps me keep an ear to the ground on the municipal ongoings. I love walking to baseball games and have season tickets with my father and son. Professionally, I am the

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Managing Partner for Elevation Franchise Ventures, LLC, the parent company of the restaurant group Elevation Burger. I was a co-founder of our franchise business 7 years ago. Outreach & Constituent Services Task Force

Jessica Kahan (Burger 6B06) 505 15th Street SE [email protected] My husband Paul and I moved to 505 15th St SE last spring. We have been married for a little over a year and are thrilled to be living in such a great community. I currently work on Capitol Hill for the House Foreign Affairs Committee and have experience with the legal and financial professions. I look forward to getting to know my neighbors and the issues that matter to them. Stephen Merrill (Oldenburg 6B04) 1002 D Street SE [email protected] Mr. Merrill has served on the 6B Planning & Zoning Committee and more recently on the Outreach & Constituent Services Task Force. He is retired from the National Academy of Sciences and a long time resident of Capitol Hill. Hill East Task Force

Andrew Johnston (Burger 6B06) 1366 G Street SE [email protected] I've lived in DC for 26 years, now with my wife and daughter near Potomac Ave. metro station. I am a professional geographer with a special interest in urban development and planning. In recent years I have performed research on the urban tree cover dynamics of the District of Columbia.

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SETTLEMENT AGREEMENT

THIS SETTLEMENT AGREEMENT (“Agreement”) is made on this ______th day of April, 2015 by and between Safeway, Inc., t/a Safeway (“Applicant”), and Advisory Neighborhood Commission 6B, (Collectively, the “Parties”).

W I T N E S S E T H

WHEREAS, Applicant’s application for a license for premises, 415 14th Street, SE, Washington, DC, 20003, is now pending before the District of Columbia Alcoholic Beverage Control Board (ABC); and,

WHEREAS, the premises is within the boundaries of the ANC, and,

WHEREAS, the Parties desire to enter into an agreement governing certain understandings regarding the issue of a Retailer’s Class “A” License (ABRA—002195) at the subject premises; and,

WHEREAS, the Parties are desirous of entering into a Settlement Agreement pursuant to D.C. Official Code § 25-446 for the operation and maintenance of the Establishment in such a manner as to promote the peace, order and quiet of the neighborhood. Both parties recognize the importance of business neighborhoods that are safe, clean, and “pedestrian friendly”.

NOW, THEREFORE, the parties agree as follows:

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

2. Nature of the Business. The Aplicant shall manage and operate at the address a business that is regularly used for the sale of groceries, prepared food and alcoholic beverages. The applicant will operate a Retailer’s Class “A” license under the following provisions:

a. The Applicant will comply with all laws and regulations governing the operations of the establishment;

b. The Applicant will not divide a manufacturer’s package of more than one container of beer, malt liquor or ale to sell an individual container of the package if the contrainer is less than 70 ounces;

c. The Applicant will not sell, give, offer, expose for sale or deliver an individual container, a two-pack or three pack of beer, malt liquor or ale if the container is 70 ounces or less, and will not sell spirits in half-pints or smaller volumes;

d. The Applicant will discourage the illegal public consumption of alcohol inside, on the parking lot or around the immediate area and will participate in an ABC

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Board-approved course in alcoholic beverage sales management;

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

f. The Applicant agrees to post this Settlement Agreement alongside the Applicant’s ABC License.

3. Hours of Operation and Sales. The Applicant’s hours of operation shall be

as follows: The hours of operation of the Establishment are

Sunday through Saturday 9:00 a.m. to 12:00 a.m. 4. Signage, Noise, and Privacy. Applicant will strictly comply with D. C. Official

Code and will prohibit and prevent loitering, rowdiness, panhandling and criminal activity within 100 feet of the establishment, to the best of its ability by:

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

b. Using on-site security personnel to request loiterers to move on whenever they are observed outside of the establishment;

c. Calling MPD if illegal activity is observed or to remove loiterers if they refuse Applicant’s request to move on;

d. Keeping a written record of dates and times when MPD is called for assistance. Applicant’s log shall by provided to the Board upon request;

e. Posting a notice kept in good repair and visible from point of entry, a sign which states:

i. the minimum age requirement for purchase of alcohol; and,

ii. the obligation of the patron to produce a valid identification document in order to purchase alcohol;

f. Applicant will ensure timely disposal of trash that is the least disruptive to the neighbors by ensuring that:

i. Commercial trash pick up will only take place between 7:00 a.m and 7:00 p. m. Applicant shall not allow for its trash to be picked up outside of those hours.

ii. No glass be recycled or otherwise disposed after 10 p.m. or before 7 a.m. Any glass material needing to be recycled or otherwise disposed between 10 p.m. and 7 a.m. shall be stored inside the Applicant’s establishment until 7 a.m.

5. Public Space Cleanliness and Maintenance. Applicant wil maintain the

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

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a. Exercising due diligence to prevent and or rid vermin infestation in and around the establishment, including following the recommendations and guidelines of the Vector Control Division of the Department of Public Works.

b. Keeping its entire property and the sidewalk (up to and including the curb), tree box(es), curb, and alley clean and free of litter, bottles, and other debris in compliance with D.C. Code and Municipal Regulations. Applicant shall police these areas sufficiently to assure that refuse and other materials are promptly removed.

c. Applicant shall ensure that the area around the dumpster is kept clean at all times and the dumpster is placed such that it does not encroach on the abutting property owners and that no garbage is placed on the abutting property or public space. Applicant shall ensure that no trash is placed outside the establishment other than in a fully-closed dumpter or compactor. Applicant shall ensure that the doors and/or lids on all dumpsters or compactors are fully closed at all times. Applicant shall not place trash in its dumpster or compactor in any manner that would prevent the full closure of the dumpster or compactor. Applicant shall ensure that all dumpsters and compactors used are properly maintained and replaced when damaged.

d. Applicant shall ensure that all grease is placed in a secure well-maintained container inside the property where possible. Any grease leak shall be cleaned up promptly and all containers shall be properly maintained and replaced when damaged or leaking.

e. Removing snow and ice from the parking lot within the time limits set by the District of Columbia.

6. Security Cooperation in Stemming Criminal Activity and Public Drinking.

Applicant agrees that it shall take all reasonable steps to minimize such problems, including, without limitation, providing a sufficient number of employees to assure adequate security and to control unruly patrons, whether inside or in the immediate outside area; monitoring for and prohibiting criminal activity within or about the Premises, maintaining contact and cooperating with MPD and other enforcement officials when known or suspected drug activities occur. Applicant shall to the full extent permissible by law discourage loitering in the vicinity of the Premises.

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

8. Cancellation of Previous Agreements.. Except as otherwise explicitly provided herein, this Agreement shall have full force effect and shall constitute the agreement between the parties. This agreement may only be modified by written agreement of all the parties or their successors, or otherwise in accordance with law. All other previous Voluntary or Settlement agreements are rendered null and void.

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IN WITNESS WHEREOF, the parties have affixed hereunto their signatures. Applicant:

Safeway, Inc., t/a Safeway ABRA# 002195 415 14th Street, SE Washington, DC 20003 Phone: (301) 918-6803 Craig M. Muckle, Manager Public Affairs & Government Relations

Signature:______________________________________

Date: ___________________

Advisory Neighborhood Commission 6B 921 Pennsylvania Avenue, SE Washington, DC 20003 Kirsten Oldenburg, Chairperson Phone: (202) 543-3344

Signature: _________________________________________

Date: ___________________

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Report of the ANC6B Planning & Zoning Committee Meeting April 7, 2015

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

Resident members (RM) present: Alexander, Jarboe

1. HPA #15-282, 527 6th Street SE, concept/rear addition & deck, HPRB meeting – Thursday,

April 23, 2015: John Helms & Kim Jones

Mr. Kim Jones (architect) presented on behalf of the applicant. The application is for historic approval of a rear addition and deck. Commissioner Loots moved (seconded by Commissioner Samolyk) that the committee recommend that the ANC support this case and that it place the case on the consent agenda). The committee voted in favor of the motion 10 to 0 (no abstentions).

2. HPA #15-305, 631 South Carolina Avenue SE, concept/rear addition, HPRB meeting – Thursday, April 23, 2015: Marina Galvani & Jennifer Fowler

Jennifer Fowler (architect) presented on behalf of the applicant. The application is for historic approval of a rear addition. The application currently lacks sight lines, and the applicant plans to place a mockup of the project. Commissioner Hoskins moved (seconded by Commissioner Krepp) that the committee recommend that the ANC support the project and place the case on the consent agenda. The committee also recommends that the ANC ask HPRB to ensure that there are no sight lines from South Carolina Avenue. The committee voted in favor of the motion 12 to 0.

3. BZA #18938, 325 5th Street SE, pursuant to 11 DCMR § 3104.1 for special exception under

§ 223, not meeting lot occupancy requirements under § 403.2, open court requirements under § 406.1, & non-conforming structure under § 2001.3 to allow construction of two-story rear addition to existing single-family dwelling in CAP/R-4 District, BZA hearing – Tuesday, April 21, 2015: Gina Eppolito & Jennifer Fowler

Jennifer Fowler (architect) presented on behalf of the applicant. The proposal is for enclosing an existing rear porch and adding a rear addition extension. Adjacent neighbors to the north expressed concerns about the size of the addition an impact on their property.

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Commissioner Hoskins moved (seconded by Commissioner Chao) that the ANC take no position on the case and encourage the parties to see if a compromise can be reached. The committee voted against the motion 3 to 5 (4 abstaining). Commissioner Flahaven moved (seconded by Commissioner Oldenburg) to support the case. The committee voted in favor of the motion 6 to 1 (5 abstaining).

4. BZA #18992, 1015 E Street SE, pursuant to 11 DCMR § 3103.2, for variances from side yard requirements under § 775.5 & nonconforming structure requirements under § 2001.3(b)(2) to allow renovation & expansion of existing building to create five-unit apartment building in CHC/C-2-A District, BZA hearing – Tuesday, May 5, 2015: Congressional 1015 E Street, LLC, Brian Athey, Jamey Creasy, & Cary Kadlecek

Brian Athey (owner), James (architect), Desiree Holler (architect) presented the case. The proposal is to build a rear addition that would extend an existing nonconforming side yard the length of the expanded building on the west side. Neighbors on the east side expressed concern over the scale and location of the addition relative to their property. Commissioner Oldenburg moved (seconded by Commissioner Flahaven) that the committee recommend that the ANC support the case. The committee voted against the motion 4 to 5 (2 abstaining). C Jayaraman moved (seconded by RM Jarboe) that the committee recommend the ANC oppose the application based on the lack of meeting the variance test, since the project will have a substantial impact on the neighbors. The committee voted in favor of the motion 6 to 5 (1 abstaining).

5. BZA #18994, 254 15th Street SE, pursuant to 11 DCMR § 3103.2, variance from the off-

street parking requirements under § 2101.1 to allow conversion of existing one-family dwelling into five-unit apartment building in C-2-A District, BZA hearing – Tuesday, May 5, 2015: Rahmin Mehdizadeh, Hun Ah Lee, & Martin Sullivan

Martin Sullivan (zoning counsel) and Rahmin Mehdizadeh (owner/architect) presented the case. The proposal is to build a five unit apartment building in place of an existing residential structure. The property lacks access to public streets and alleys, which limited the ability to provide parking. Commissioner Jayaraman moved (seconded by Commissioner Hoskins) that the committee take no position to provide more time for communication with the applicant. The committee voted in favor of the motion 11 to 0 (1 abstaining).

6. BZA #18997, 148 11th Street SE, pursuant to 11 DCMR § 3104.1, special exception under §

223, not meeting lot occupancy requirements under § 403.2 & rear yard requirements under § 404.1 to allow construction of two-story rear addition with accessory apartment

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connected to dwelling by covered walkway in R-4 District, BZA hearing – Tuesday, May 12, 2015: Chris Lobb, Paola Barbara, & Jennifer Fowler

Jennifer Fowler (architect) and Chris Lobb (owner) presented the case. The proposal is for a 22 foot tall alley garage, which would abut existing garages on the two adjacent lots. One neighbor expressed concerns over the height of the project. Commissioner Hagedorn moved (seconded by Commissioner Jayaraman) to take no position pending further discussion between the parties. The committee voted in favor of the motion 12 to 0.

7. PS #104198, 1300 South Carolina Avenue SE, install building projection, PSC hearing –

Thursday, April 23, 2015: James Olsen & Jennifer Fowler

Jennifer Fowler (architect) and Jim Olson (owner) presented the case. The proposal is to build a rear addition extending into public space. Commissioners raised questions about recovering current use of public space for an existing driveway. Commissioner Jayaman moved (seconded by RM Jarboe) that the committee recommend that the ANC support the case. Commissioner Oldenburg moved (second Commissioner Flahaven) to amend the motion to recommend that Public Space close the existing curb cut. The committee voted against the motion to amend 4 to 7 (no abstentions). The committee voted in favor of the motion 10 to 1 (no abstentions).

8. PS #106438, The Ugly Mug Dining Saloon, 723 8th Street SE, add fixture (trash

receptacles), PSC hearing – Thursday, April 23, 2015: Catherine Held & Gaynor Jablonski

Gaynor Jablonski (owner) presented the case. The proposal is to build an enclosed trash storage area in public space (alley). Discussion with the committee and community raised the concern that there was limited desire to see this case move forward due to competing concerns over alley width and project feasibility. Commissioner Flahaven moved (seconded by Commissioner Samolyk) that the committee take no position on the case and communicate to the applicant that we recommend he withdraw the application. The committee voted in favor of the motion 10 to 0 (1 abstaining).

9. Letter regarding 2015 Rock ‘n’ Roll Marathon & Half Marathon

Commissioner Krepp presented the proposed letter, which voices concerns about the way the event was managed and implemented.

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By unanimous consent the committee agreed to forward this matter to our April 20th meeting. 10. ZC #14-13, text amendment - rooftop penthouse regulations for all non-low density

residential development, ZC hearing – Thursday, April 30, 2015

RM Jarboe provided a brief summary of the text amendment and offered his recommendation to the committee about possible action on the part of the ANC. RM Jarboe moved (seconded by Commissioner Loots) that the committee recommend that the ANC support the proposed penthouse changes on the condition that they be subject to the special exception requirement in residential areas and to place the case on the consent agenda. The committee voted in favor of the motion 10 to 0 (no abstentions).

11. Second proposed rulemaking on proposal to adopt new Title 13 for sign regulations,

comments due to District Department of Transportation – Thursday, May 14, 2015

Commissioner Oldenburg briefly reviewed the proposed changes. Commissioner Oldenburg moved (seconded by Commissioner Chao) to take no position on the matter and place the case on the consent agenda. The committee voted in favor of the motion 9 to 0 (no abstentions).

12. Resolution regarding Pet Waste Removal Sign

Commissioner Krepp summarized her plan for a resolution to request pet waste removal signs in her SMD. Commissioner Flahaven moved (seconded by Commissioner Loots) that the committee recommend the ANC support the case and place it on the consent agenda. The committee voted in favor of the case 10 to 0 (0 abstentions).

13. Establishment of Planned Unit Development Subcommittee

Commissioner Burger summarized the recommendation that the ANC form a subcommittee to manage upcoming PUD cases in ANC6B. Commissioner Burger moved (seconded by Commissioner Oldenburg) that the committee recommend that the ANC form a PUD subcommittee. The committee voted in favor of the motion 9 to 0 (no abstentions).

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April 21, 2015 Chris T. Geldart, Director, HSEMA 2720 Martin Luther King Jr Avenue Washington DC 20032 VIA EMAIL: [add email address] RE: ANC 6B Comments on the 2015 Rock n' Roll Marathon Event Dear Mr. Geldart: At its April 20, 2015, properly noticed regular meeting with a quorum present, Advisory Neighborhood Commission (ANC) 6B voted x-x-x to send this letter to inform you of significant operational and planning issues associated with the 2015 Rock n' Roll Marathon held on Saturday, March 14, 2015. Our constituents and ANC Commissioners were greatly disappointed that the event was not conducted as had been represented to us, lacked fundamental crowd control and coordination among various participating entities, and resulted in a significant and unwelcome disruption to our community. As of this point and absent some affirmative demonstration by organizers that the problems experienced last month will be addressed and remedied in future years, ANC 6B will not support—and will actively oppose—any future Rock n' Roll Marathon that directly or indirectly involves our ANC. In February representatives from the Rock n' Roll marathon briefed ANC 6B Commissioners on this year's event. This briefing included information on parking enforcement, residents' ability to drive and walk through the closed-off areas and streets, and Metro accessibility. It also included very specific representations and promises with respect to the timing, route, traffic and parking restrictions that would be associated with the event. At that meeting and independently, Commissioner Denise Krepp advised the Rock n' Roll Marathon representative of past problems with the event including, but not limited to, public urination on private property, excessive noise, parking and traffic interruptions for residents, and public transportation delays that prevented the smooth arrival and departure of attendees. The Rock n' Roll Marathon representatives assured the Commissioners that these problems would not happen again in 2015. Sadly, not only were past problems repeated, they were amplified to a level never before experienced. Event sponsors failed to provide adequate portable toilet facilities for participants, resulting in numerous instances of public urination in neighbors' yards and on public streets. Crowds were loud and unruly and seemed to not have any direction or control from event sponsors. Additionally, event sponsors failed to provide coordination or appropriate interface with transportation and law enforcement personnel regarding traffic and public transportation, resulting in street closures and Metro backups that caused chaos for residents and others in the community. The adjoining Stadium-Armory Metro station was so backed up with overflowing participants (almost a one-hour wait at one point) that participants walked to Potomac Avenue and Eastern Market stations, leaving a trail of debris and unruly conduct in their wake, some of which was observed first hand by ANC Commissioners. We understand that one of the escalators at Stadium-Armory was not in operation that

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day, but a routine equipment failure of that sort cannot be reasonably blamed for disruption of this magnitude. Event organizers were apparently unaware or unable to direct participants to the second Stadium-Armory entrance or to better coordinate with Metro to assure adequate capacity for the event. Further, we were promised that local street closures (which included major thoroughfares through the heart of our ANC) would be conducted on a "rolling" basis and only within specific time periods. We were specifically told that cross traffic would be permitted to pass through on a regular basis. Instead, the streets were closed continuously for a period far in excess of that which was disclosed to us and no cross-traffic was permitted for extended periods of time—more than 30 minutes in at least one instance personally observed by one of our Commissioners and up to two hours as reported by constituents. As a result, the event created huge and unnecessary traffic backups and delays for our residents and others, extending for hours and throughout the Capitol Hill community. Finally, the route and parking restrictions that were disclosed to us turned out to be entirely incorrect, as did printed flyers distributed to our constituents prior to the event. Residents who had lawfully parked on streets not designated for event parking restrictions awoke Saturday morning to find their cars towed to undisclosed locations. Others were burdened by stray race participants and their supporters along the route and on side streets, either parking in Zone Six restricted areas or blocking those side streets for extended periods of time either double parking or looking and waiting for empty spaces along the route. In short, this event demonstrated a complete lack of candor, coordination, planning and execution and the resulting chaos caused substantial damage to the economic activity and quality of life in our community. If there is to be a Rock n' Roll Marathon in 2016 that includes activities in or affecting our ANC, its organizers must first demonstrate to our satisfaction that steps have been taken to ensure that the 2015 fiasco is not repeated. We hope and expect that by timely bringing this issue to your attention, there will be adequate time for you to address and remedy these issues, and/or plan the event for a different location next year. Sincerely, Kirsten Oldenburg Chair CC: Charles Allen, Ward 6 Councilmember <[email protected]> Gregory A. O’Dell, President & CEO, Events DC, [add email] Tanya L. Mitchell, Special Events Directorate, HSEMA, [email protected] Diane Romo Thomas, Greater Washington Sports Alliance, [email protected]

April 21, 2015 Samuel D. Zimbabwe Associate Director District Department of Transportation 55 M Street SE, 5th Floor Washington DC 20003 VIA E-MAIL: [email protected] RE: ANC 6B Position on Second Proposed Rulemaking for Use of US Reservations Transferred to DC—Amendments to DCMR Title 24, Chapters 1 and 33 Dear Mr. Zimbabwe: Advisory Neighborhood Commission (ANC) 6B is very appreciative of the commitment the Department of Transportation (DDOT) is making through this rulemaking to insure that our triangle parks are preserved for public use. At a regularly scheduled and properly noticed meeting of the Commission on April 20, 2015, ANC 6B voted x-x-x to support amendments to DCMR Title 24, Chapters 1 and 33, and to offer a new recommendation. ANC 6B is concerned that DDOT did not amend its definition of triangle parks [§ 3399] to account for changes that have occurred such that the park is no longer a triangle. DDOT states that this amendment is not necessary since no physical changes have occurred since the reservations were transferred to the jurisdiction of DC. To reduce any ambiguity and provide enhanced transparency, ANC 6B recommends that DDOT establish a publicly available database that lists all the “triangle park” reservations under DC jurisdiction. The Commission is also disappointed that DDOT did not accept the recommendation in our letter of September 11, 2014, on the 30-day comment time. As with all ANC’s, we can only vote positions on issues once every month. Often 30-day comment periods are not in sync with our monthly meeting cycle making it difficult for us to gather input and provide our advice on issues of importance to our constituents. We will, thus, be taking full advantage of our ability to request extensions of comment periods where necessary. We look forward to working with DDOT to protect and enhance the City’s smallest and largest

public spaces. Sincerely, Kirsten Oldenburg Chair cc: Charles Allen, Ward 6 Councilmember <[email protected]>

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Report of the ANC6B Transportation Committee Meeting April 8, 2015

Commissioners present: Steve Hagedorn, Diane Hoskins, Denise Krepp, Kirsten Oldenburg (chairing) and Jennifer Samolyk1 Resident Members present: Jerry Sroufe (6B02) and Neil King (6B05) Other Participants: Larry Janezich. Letter to District Department of Transportation regarding lack of funding for ANC 6B’s 2014 Performance

Parking Zone project awards Commissioner Oldenburg briefed the Committee on the background of this project and 6B’s participation (see time

line document attached below). Discussions centered on a draft letter circulated prior to the meeting, based on a draft written by the Capitol Riverfront BID. Members made various suggestions to strengthen the letter to be sent to the Director of DDOT. The Committee voted 6-0 to recommend that the ANC send the letter with suggested revisions to DDOT. The motion was made by Commissioner Krepp and seconded by Commissioner Hagedorn. Presentation on parking policies by Cheryl Cort, Policy Director, Coalition for Smarter Growth Ms Cort first described the difference between current zoning regulations on parking for R-4 zones with the proposed changes under the Zoning Regulation Review process underway. Ms Cort said she expected the Zoning Commission to propose a rulemaking on all the ZRR changes within the first half of 2015. Information on the ZRR is available at http://dcoz.dc.gov/ZRR/ZRR.shtm and via an OP blog at http://zoningdc.org Ms Cort then discussed various way in which the current RPP system causes disincentives. The Coalition supports new concepts that focus on pricing vs. limits strategies to improve the fairness of the system.

1 Commissioner Samolyk arrived late, thus was not present to vote on the DDOT letter.

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Attachment 1: PPZCB Timeline

2014 Performance Parking Zone Community Benefits Timeline

February 7, 2014 DDOT Press Release Announcement

“Request for Applications” February 12, 2014 Email from Kelly Peterson/DDOT indicates $1.4 million

available using FY13 funds; also see the PPZCB evaluation form: “Ballpark Area: $1,400,000”

March 18, 2014 6B Letter to DDOT with 9 project applications attached;

emailed to DDOT 3/21 6B Resolutions supporting BRMS and Capitol Riverfront

BID applications May 23, 2014 Award email received from DDOT; total $704,400 for the

3 organizations. Projects to be implemented mid-July August 18, 2014 Email from DDOT responding to 6B email requesting

status update: “We are currently finalizing the steps needed to make the performance parking operating funds available for implementation. We hope to have that completed in the next week. As soon as the funding is available, we will be able to move forward with the implementation plans, and share those details with you.”

November 11, 2014

Email from DDOT “There have been some issues with

funding that have delayed the overall program. A number of DDOT funds were put on hold by the OCFO after concerns about their capital eligibility. This program was one of those funds. We are close to resolving those issues, but it has delayed the whole program.”

March 9, 2015 6B email to DDOT requesting status update. No response

to date.

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Attachment 2: Letter to DDOT April 21, 2015 Mr. Leif Dormsjo, Director DC Department of Transportation 55 M Street, SE 5th Floor Washington, DC 20003 Dear Mr. Dormsjo: Advisory Neighborhood Commission 6B (ANC 6B), at a properly noticed meeting on April 20, 2014, with a quorum present voted x-x-x to send this letter to DDOT. ANC6B—along with the Capitol Riverfront BID and Barracks Row Main Street by separate letter—are writing to you to express our serious concern over the apparent results of DDOT’s 2014 Performance Parking Zone

Community Benefits Program. All three of our organizations responded to a Request for Applications (RFA) issued by DDOT on February 7, 2014, seeking projects in the Ballpark Performance Parking Pilot Zone to be funded by $1.2 million generated by meters in the zone and available as of January 2014. We applied on a timely basis and in May 2014, DDOT awarded projects valued at $705,000, with the balance of the funds held over for future solicitations. The projects have yet to be funded. The authority for this Community Benefits program is the Performance Parking Pilot Zone Act of 2008. It states [Section 5a4] that surplus funds generated from the curbside parking revenues shall be used “solely for the purpose

of non-automotive transportation improvements in that zone” and that the Mayor shall involve zone residents,

businesses, ANCs, and Ward Councilmembers in prioritizing these improvements [Section 5b]. According to DDOT’s February 7 announcement:

The Neighborhood Performance Parking Fund establishes annual resources to provide or accelerate non-automobile transportation investments in the District’s performance parking zones. Proposed projects must be within or immediately adjacent to the performance parking zone. Applicants will identify and prioritize eligible projects and locations, and submit them for review and selection by DDOT. The intention of this program is to accelerate maintenance or rehabilitation, implement new initiatives, or install “quick fix” improvements. The funding is not intended to support major capital projects, grant funds to outside entities or install non-standard furnishings.

Our three eligible organizations, whose borders overlap, worked collaboratively and expended considerable time and effort to prepare and submit quality, complete applications and meet all criteria described in the RFA. We briefed our individual organizations, secured their approval and letters of support. The applications were submitted according to the stated deadline, and we all assumed they would be reviewed in a timely manner and results announced by the DDOT staff coordinating the process. Unfortunately, after the award notice in May 2014 that stated the projects would be implemented in mid-July 2014, the schedule for implementation slipped several times. At one point, we were informed that the DDOT staff person working on this project had been reassigned and the process was on hold. Finally, we were informed by DDOT that the $1.2 million in funds had been “swept” into the DC Government’s general fund and were no longer available to pay for our projects. Yet, according to DC Code §50-2531.01 that establishes the Performance Parking Program Fund:

“(b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in §50-2534 without regard to fiscal year limitation, subject to authorization by Congress.”

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To say that we were disappointed would be an understatement. We are greatly troubled that a RFA process created by DDOT for the distribution of funds through projects in the community that bears higher parking rates than other neighborhoods, as specified in DC legislation, is essentially a “breach of contract” that devalues and undermines our

sincere and good faith efforts to submit qualified applications. We are organizations with small staffs supplemented by volunteers and this was a major effort conducted by each organization. And while $1.2 million may seem a small sum to DDOT and the DC Government, these funds would have achieved significant improvements for pedestrians and bicyclists in our neighborhoods. We ask that DDOT restore the $1.2 million in Performance Parking funds that have disappeared and implement the projects the agency selected from our applications. If the funds cannot be restored, then we ask DDOT to allocate $1.2 million of its budget to make the $705,400 worth of repairs and upgrades to our sidewalks, tree boxes and pedestrian crossings, install the bike racks and Bikeshare stations we were awarded and to use the balance of $494,600 for a new solicitation. We also ask that DDOT perform an internal audit of this RFA process and find out why it failed and who was responsible. We request that a full report be made to our organizations and to Ward 6 Councilmember Charles Allen. We know you are relatively new to DDOT and its overall operations, and we are pleased that you are undertaking a systematic review of the organization, its functions and its personnel assignments. The RFA process we have experienced illustrates the need for such a review. We know that a highly functioning DDOT can accomplish great things regarding transit, increased surface modality, and the quality of the public realm for pedestrians and bicyclists. We also feel that you are the right person at the right time to lead the DDOT agency into a new era of functionality and accomplishments. We expect future solicitations issued by DDOT to honor the established process and commitment of funds. We appreciate your time in reviewing this letter, the RFA process that unfolded, its results, and the requests that we have made. All three organizations are available to discuss this issue with you at your convenience. Sincerely, Kirsten Oldenburg Chair, ANC6B cc: Mr. Michael Stevens, Executive Director, Capitol Riverfront BID Mr. Martin Smith, Executive Director, Barracks Row Main Street Councilmember Charles Allen Councilmember Mary Cheh Attachment: Letter to DDOT from Barracks Row Main Street and Capitol Riverfront BID

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April 21, 2015 The Honorable Phil Mendelson Chairman Council of the District of Columbia 1350 Pennsylvania Avenue NW Washington, DC 20005 Dear Chairman Mendelson, Advisory Neighborhood Commission 6B is pleased to share its views and concerns about Mayor Bowser's proposed FY16 budget. At a properly noticed meeting on April 20, 2015 with a quorum present, ANC 6B voted X-X to send these comments. Mayor Bowser's proposed FY16 budget includes a number of investments that will benefit ANC 6B residents and the city as a whole, such as funds to replace the DC General shelter, investments in infrastructure for the Hill East/Reservation 13 development and funds for a much needed modernization to Watkins Elementary School. However, we are disappointed that the Mayor's proposed budget postpones a number of overdue modernizations for Elementary and Middle Schools serving our commission area. We urge the Council to restore the FY16 funds for these critical school modernizations. Replacement of DC General ANC 6B has long supported the closure of the Temporary Emergency Family Shelter at DC General. We view housing so many incredibly needy families in a deteriorating old hospital, 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. We are pleased that Mayor Bowser's budget plan includes $40 million to fund 4 smaller scale homeless shelters to replace the deteriorating DC General shelter. After years of rhetoric about the need to close DC General, it is refreshing to see a Mayor include funding in her budget aimed at accomplishing this goal. We hope that this investment, coupled with increased funds for other housing initiatives, will help Mayor Bowser achieve her goal of closing DC General by 2017. ANC 6B asks that the Council fully support this funding request. Infrastructure Funding for Hill East/Reservation 13 Development ANC 6B is thrilled that the city is finally moving forward on long-stalled development plans for Reservation 13. And we were also pleased that the first Land Disposition Agreement signed by Mayor Bowser was for phase I of the Hill East/Reservation 13 development. The Mayor's FY16 Capital Improvement Plan includes $11.2 million (over three years) to fund roadway extensions and other infrastructure needs associated with Phase I. While significant additional funding will be needed to complete all the infrastructure improvements needed on the 67-acre site, the Mayor's proposed funding for Phase I is a good start. We are optimistic that the Donatelli Development/Blue Skye Construction mixed-use project, coupled with the city's efforts to close DC General, will help catalyze development on the remaining parcels of Reservation 13. ANC 6B asks that the Council fully support this funding request. Southeast Library/Eastern Market Metro Plaza ANC 6B commends the Mayor for providing $ 23.5 million in the capital budget in Fiscal Years 2019 and 2020 for the expansion of the Southeast Library. The Southeast Library was built in 1922 and is among the city’s busiest but also among the smallest of the library system’s branches. This renovation and

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expansion funding is a critical component of the Eastern Market Metro Park Master Plan. ANC 6B asks that the Council fully support this funding request. Postponed School Modernizations While ANC 6B appreciates and fully supports the Mayor's proposed FY16 funding for the modernization of Watkins Elementary School, we are extremely disappointed that the proposed budget once again postpones much-needed modernizations for a number of schools serving ANC 6B residents. The budget postpones or eliminates modernization funding for the following schools: Eliot-Hine Middle School Postponed to FY2019 Jefferson Academy Middle School Postponed to FY2019, with $10 million eliminated Maury Elementary School Postponed to FY2020, with $14.6 million eliminated Brent Elementary School $9.9 million eliminated Tyler Elementary School $13.1 million eliminated The continued delays in modernization funding for Eliot-Hine and Jefferson Academy Middle Schools are particularly concerning. Both schools urgently need significant upgrades and repairs to be made to their physical facilities. Students, teachers and staff at Eliot-Hine and Jefferson Academy have to contend with bathrooms in disrepair, a broken HVAC systems, doors that fail to lock and general disrepair that significantly hinders both schools’ drive for achievement. How can a budget that claims to make strengthening middle schools a priority postpone long-overdue modernizations to two middle schools with boundaries encompassing two-thirds of Ward 6? And why should we continue to delay needed facility upgrades for Maury, Brent and Tyler? It is particularly disappointing that the Mayor and Council chose to invest limited capital dollars towards a new soccer stadium instead of investing those funds in school modernizations. The $106 million going towards a stadium that the Council's own consultant found would provide up to $40 million in benefits to the city would have been much better spent on funding needed repairs at our schools. ANC 6B requests that the Council restore the FY16 modernization funding for these Ward 6 schools and other schools across the District. Thank you for consideration of our comments. Sincerely, Kirsten Oldenburg Chair cc: The Honorable Muriel Bowser, Mayor, District of Columbia Members of the Council of the District of Columbia (individually referenced in final letter)

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Eastern Market Report 4/20/15 *The EMCAC committee convened at 7pm at the Eastern Market North Hall on 3/25/15.

*Marketing report by Chuck Burger

The EMCAC subcommittee for marketing & promotion reported on their progress and

developed steps and a timeline for developing the market strategy. The stages identified

are:

o Stage 1, establish general goals for the effort (complete)

The purpose of the committee is to recommend and assist the Market

Manager and Market community in promoting the Eastern Market and its

business to the local neighborhood, metro area, destination tourists, and

international visitors.

o Stage 2, discuss current issues, perceptions, past practices and concerns (focus of

March 12 mtg)

o Stage 3, Determine desired image & message (branding)

o Stage 4, Construct 2-year marketing and promotional strategic plan to establish

branding for Eastern Market, Market Area, and North Hall

Three major market themes were identified to build the branding piece and move to stage

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o Historic Authenticity

o Unique merchandise diversity, consumer and vendor service

o Artistic experience

Next meeting is tentatively scheduled for May 14th.

* The Market Manager presented the monthly report showing revenues of $ 38,808.29 for

February 2015.

Although revenues were down in February from the $67,000 reported for January, they

are expected to rebound in March once the harsh winter weather recedes and the farmers

return.

The Committee has requested an accounting from the Market Manager showing the

current operating budget but the DC Office of General Services (OGS) still has not given

EMCAC final 2014 financial figures.

EMCAC will ask OGS for the 2014 financial report to support 2015/2016 budget

planning and several members expressed continued frustration with not having this basic

information.

*The Market Manager also reported on Parking options for the weekends and and shared update:

Weekends: Up to 100 spaces in the underground parking garage right at the end of the

alley will be for vendors not public;

18 spaces at Seward Square and 6 on Pennsylvania Avenue;

2 spaces adjacent to the Frager’s pad; and

Up to 100 more spaced in the underground parking lot on Penn right before Sizlin’

Express – will be for visitors at per car fee.

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*Erica Rubel, who heads the Application Advisory Review Committee, said the new Standard

Operating Procedures for applications is expected to up in place in April, so EMCAC can act on

the 20 pending applications.

*Preparations for moving the flea markets to lower part of 7th Street continue.

*EMCAC next scheduled meeting will be at 7pm at the Eastern Market North Hall on 4/29/15.

April 21, 2015 Ms. Nancy MacWood Chair, The Committee of 100 on the Federal City 945 G Street, N.W. Washington, DC 20001 VIA EMAIL: RE: Support for Nomination of Eastern Market for 2015 Vision Award Dear Ms. MacWood and Review Committee: At its April 20, 2015 regular meeting, with a quorum present, Advisory Neighborhood Commission 6B (ANC6B) voted XX-XX in support of the nomination of our neighborhood gem, the historic Eastern Market and Eastern Market Community Advisory Committee (EMCAC) for the Committee of 100’s 2015 Vision Award. Eastern Market represents more than a physical market and serves as the heart of our neighborhood with fresh food, community events, and local and unique art. The Market brings neighbors, families and visitors together and serves as a hub for our community. Similarly, EMCAC brings together all of the leading voices and diverse range of stakeholders for the Market to help ensure the continued success and strength of the Market for our current and future needs. The role of EMCAC and the ability of the Market’s businesses to rebound and thrive after the 2007 fire in a way that maintains the

building’s historic character and enhances our neighborhood is truly admirable. ANC 6B thanks The Committee of 100 for their consideration and applauds the vision, leadership, and success of EMCAC and Eastern Market. Given the ability of the Market, EMCAC, and surrounding community to overcome and thrive in the face of adversity we strongly believe Eastern Market and EMCAC are worthy of this special recognition. Sincerely, Kirsten Oldenburg, Chair

Treasurers Report 4/18/15

* Account Leger Balance $ 11,722.46

*National Capital Bank Balance (4/1/15) $ 15,696.27

This is the account balance as of the 4/1/15 statement

Online balance (4/18/15) $ 12,252.24

*Total Expenditures 1/1/15 to date $ 7,266.76

*Total Income 1/1/15 to date $ 5,692.29

*Detailed Expenditures (1/1/15 to 3/9/15) $ 7,266.76

4/20/15, 2:55 PMBudget Print | Office of the DC Auditor

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

Balance Forward: (from "Ending Balance" of Previous Fiscal Year) $3,448.35

Total Receipts $0.00 $18,001.49 $5,692.29 $0.00 $0.00 $23,693.78 $23,693.78

Total Funds Available: $21,449.84 $18,989.22 $11,722.46 $11,722.46

2015 Budget - ANC 6B

Budget Receipts

Cat Amount Q1 Q2 Q3 Q4 YTD Diff

D-AL District Allotment $0.00 $17,076.03$5,692.01 0.00 0.00 $22,768.04 $22,768.04

D-Int Deposit Interest $0.00 $1.80 $0.28 0.00 0.00 $2.08 $2.08

D-O Deposit Other $0.00 $923.66 0.00 0.00 0.00 $923.66 $923.66

D-T Deposit Transfer - Transfer from Savings $0.00 0.00 0.00 0.00 0.00 0.00 0.00

Budget Disbursements

Cat Amount Q1 Q2 Q3 Q4 YTD Diff

1 Net Salary & Wages $13,427.00 $4,789.86 $4,479.72 0.00 0.00 $9,269.58 $4,157.42

2a Health Insurance $0.00 0.00 0.00 0.00 0.00 0.00 0.00

2b Casualty/Property Insurance $0.00 0.00 0.00 0.00 0.00 0.00 0.00

3 Total Federal Wage Taxes Paid (Income and Soc. Sec.) $2,289.24 $1,606.20 $1,299.60 0.00 0.00 $2,905.80 ($616.56)

4 State and Local Income Taxes Paid (DC, MD, VA) $843.00 $1,045.01 0.00 0.00 0.00 $1,045.01 ($202.01)

5 Unemployment Insurance Contributions $259.61 0.00 0.00 0.00 0.00 0.00 0.00

6 Tax Penalties Paid $0.00 $76.90 0.00 0.00 0.00 $76.90 ($76.90)

7 Local Transportation $40.00 $3.33 $8.55 0.00 0.00 $11.88 $28.12

8 Office Rent $1,200.00 0.00 $480.00 0.00 0.00 $480.00 $720.00

9a Landline Telephone $400.00 0.00 $363.19 0.00 0.00 $363.19 $36.81

9b Cellular Telephone $0.00 0.00 0.00 0.00 0.00 0.00 0.00

4/20/15, 2:55 PMBudget Print | Office of the DC Auditor

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Total Expenditures $21,518.85 $8,152.91 $7,266.76 $0.00 $0.00 $15,419.67 $6,099.18

Ending Balance: $13,296.93 $11,722.46 $11,722.46 $11,722.46

9b Cellular Telephone $0.00 0.00 0.00 0.00 0.00 0.00 0.00

9c Cable/Internet Services $0.00 0.00 0.00 0.00 0.00 0.00 0.00

10 Postage and Delivery $60.00 0.00 0.00 0.00 0.00 0.00 0.00

11 Utilities $0.00 0.00 0.00 0.00 0.00 0.00 0.00

12 Printing and Copying $50.00 $13.20 0.00 0.00 0.00 $13.20 $36.80

13 Flyer Distribution $0.00 0.00 0.00 0.00 0.00 0.00 0.00

14 Purchase of Service $1,300.00 $535.00 0.00 0.00 0.00 $535.00 $765.00

15 Office Supplies $1,250.00 $83.41 $322.70 0.00 0.00 $406.11 $843.89

16a Rental $0.00 0.00 0.00 0.00 0.00 0.00 0.00

16b Purchase $0.00 0.00 0.00 0.00 0.00 0.00 0.00

17 Grants $0.00 0.00 0.00 0.00 0.00 0.00 0.00

18 Training $0.00 0.00 0.00 0.00 0.00 0.00 0.00

19 Petty Cash Reimbursement $0.00 0.00 0.00 0.00 0.00 0.00 0.00

20 Transfer(s) to Savings Account $0.00 0.00 0.00 0.00 0.00 0.00 0.00

21 Bank Service Charges $0.00 0.00 0.00 0.00 0.00 0.00 0.00

22 Website/Webhosting $400.00 0.00 0.00 0.00 0.00 0.00 0.00

23 Other $0.00 $0.00 $313.00 0.00 0.00 $313.00 ($313.00)

ANC  6B FY2015  BUDGET  WORKSHEET    

2013  Budget FY  14  ProposedFY  15  as  passed  9/9/14

FY  15  Amended  Budget  (4/20/15) Change

DISBURSEMENTS:1.  Net  Salary  &  Wages 19,500.00 17,260.00 13,427.00 15,701.58 2,274.582.  Insurance: 0.00          a.      Health 0.00 0.00 0.00 0.00 0.00          b.      Casualty/Property 0.00 0.00 0.00 0.00 0.003.  Total  Federal  Wages  Taxes    (Income  and  Soc.  Sec.) 300.00 3,308.00 2,289.24 5,506.00 3,216.764.  State  and  Local  (DC,  MD,  VA)  Income  Taxes  Paid 0.00 1,655.00 843.00 1,046.00 203.005.  Unemployment  Insurance  Taxes 200.00 618.00 259.61 259.61 0.006.  Tax  Penalties  Paid 0.00 0.00 0.00 300.00 300.007.  Local  Transportation 25.00 60.00 40.00 40.00 0.008.  Office  Rent 11,200.00 9,300.00 1,200.00 1,200.00 0.009.  Telecommunication  Services 0.00          a.        Landline  Telephone 1,500.00 600.00 0.00 400.00 400.00          b.        Cellular  Telephone 0.00 0.00 0.00 0.00 0.00          c.        Cable/Internet  Services 0.00 0.00 0.00 0.00 0.0010.  Postage  and  Delivery 135.00 60.00 60.00 60.00 0.0011.  Utilities 0.00 0.00 0.00 0.00 0.0012.  Printing  and  Copying 50.00 50.00 50.00 50.00 0.0013.  Flyer  Distribution 0.00 0.00 0.00 0.00 0.0014.  Purchase  of  Service 0.00 0.00 1,300.00 1,300.00 0.0015.  Office  Supplies 2,200.00 1,500.00 1,250.00 1,250.00 0.0016.  Office  Equipment 0.00              a.    Rental 0.00 0.00 0.00 0.00 0.00              b.    Purchase 0.00 0.00 0.00 0.00 0.0017.  Grants 0.00 0.00 0.00 0.00 0.0018.  Training 0.00 0.00 0.00 0.00 0.0019.  Petty  Cash  Reimbursement 0.00 0.00 0.00 0.00 0.0020.  Transfer  to  Savings  Account 0.00 0.00 0.00 0.00 0.0021.  Bank  Service  Charges 0.00 0.00 0.00 0.00 0.0022.  Website/webhosting 162.00 400.00 400.00 400.00 0.0023.  Other   1,150.00 800.00 0.00 500.00 500.00        *Other  includes:  Fagon,  Security  Fund,  advertisting,  etc.

                                               Total  Disbursements 36,422.00 35,611.00 21,118.85 28,013.19 6,894.34