October 2009

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ANC 6C

Wednesday, October14, 2009

Heritage FoundationMinutes

Present:Commissioners Brown,Dixon, Docter,Hamilton, Phelps,Richardson, Silver, Velasco, and Wirt

The meeting opened at7:05 pm

  1. Agenda

Motion:Mr. Velasquez requested that the discussion of ANC communications be removed from the agenda as his report is not ready for discussion.Motion:Ms. Wirt moved/Ms. Phelps seconded a motion to approve the agenda as amended.The agenda was approved, as amended, without objection.

  1. Minutes

Motion:Ms. Phelps moved/Ma. Wirt seconded a motion to approve the September minutes. With the proviso that any changes can be made within a week, they were approved without objection.

  1. Treasurer’s Report

Motion:Mr. Wirt moved/Mr. Velasco seconded a motion to accept a re-approval of the quarterly report for the first quarter of FY 09.Mr. Richardson reported that, while the bottom line of the report remains the same, the auditor required that some items be reported differently.The motion passed without objection.

Mr. Richardson submitted the September Treasurers Report.There was an opening balance of $ 78,555.10. There was an interest payment of $0.65.There was a reimbursement of $1,000 from the North Capitol Collaborative.Payments of $127 (Check #1153) and $135 (Check #1154) were made to Roberta Weiner for transcription of minutes, leaving a balance of $79,293.75.Motion:Mr. Richardson moved/Ms. Phelps seconded a motion to accept the Treasurer’s Report.The motion passed without objection.

Motion:Ms. Wirt moved/Mr. Richardson seconded a motion to approve the expenditure of $130 for business cards for Mr. Silver; $20.01 for a printer cartridge for Mr. Docter; website back-up for Roberta Weiner in the absence of Mr. Hamilton; and business cards for Ms. Phelps, Mr. Dixon and Ms. Brown.The motion passed without objection.

Mr. Velasco asked for clarification on grants, making certain that grantees have to live in the ANC boundaries.He said he wants the ANC to be strategic about grants.Ms. Phelps added that they have to serve residents, that they are public in nature, and that there are a whole slew of things they can’t be used for.She reiterated that she wants to compile all those things.

  1. Community Comment

PSA 101

Mr. Dixon introduced Lt. Royal of the MPD, who reported on PSA101, which covers the largest area in the City and receives the largest number of calls, and also has the largest number of resource.He reported that he and Lt. Dukes split the two halves of the PSA.He said that crime has gone down, as “plague real estate” has been replaced, but there is work to do.They are, however, headed in the right direction: there’s no more shooting, but now there’s prostitution and parts of the area are breeding grounds for that kind of activity.Now there are more families that need clan parks.There are also increases in thefts and robberies.He reported that there’s better enforcement inChinatown.Some of the increase in statistics is on paper—Macy’s special police officers (SPOs) have to go to court.Ms. Phelps said that the Office of Planning is doing a study of the parks in NoMa.

State Office of Education

Mr. Hamilton introduced Dr. Kerri L. Briggs, State Superintendent of Education, who presented a brief overview of her agency.She said it is responsible for all public and charter schools—231 schools in all.It’s a separate agency from DCPS and is responsible for setting policies and standards, student assessments, etc.They work on early childhood education, elementary and secondary issues, such as accountability; administration of the $10 million federal grant that pays for out of state college tuition for DC students, and which served 4500 students last year; provide special ed services; and oversee school buses.She said they would have vaccination clinics for flue shots.She also highlighted the US Department of Education report showing that there were very positive outcomes for fourth and eighth grade test outcomes.She said she could be reached atkerri.briggs@dc.gov.

H Street Survey

Ms. Phelps announced that a presentation of the results of the H Street Historic Buildings Survey would be held at the Atlas Theater on November 7th.

Ludlow-Taylor Health and Fitness Fair

Lauren Garsen of the Duke University Alumni Association announced the “Fall Into Fitness” Fair to be held at theLudlow-TaylorSchoolon October 31st.She said that the local group has been working with the school since 1997.The fair will include a costume race, booths on health and nutrition information, games, etc.Mr. Hamilton complimented the Duke group on its partnership with Ludlow-Taylor.

Gynecological Cancer Foundation Race

Lisa Czop, of the Gynecological Cancer Foundation, presented information on the GCF half-marathon and 5K races and one mile walk on November 8, from7:00 amto11 am.Motion:Mr. Docter moved/Ms. Phelps seconded a motion to send a letter of support for the GCF race on November 8th.The motion passed without objection.

North Capitol Collaborative Resolution

Mr. Dixon introduced Tony Dugger and Tawana Holland of the North Capitol Collaborative, who described the City budget cuts in their programs for families at risk.They received funds under the Healthy and Thriving Families Act, and have been cut by $500,000.They serve 160 families, and receive 1500 referrals a year.They are making an effort to keep the organization moving forward and making certain clients don’t re-enter the system, which is very challenging.Motion:Mr. Dixon moved/Mr. Silver seconded a motion to approve the following resolution, to be forwarded to the Mayor and City Council:

Whereas the North Capitol Collaborative Inc. (NCCI) is a nonprofit 501(c)(3) community-based organization whose mission is to prevent child neglect and abuse by protecting and caring for children.It develops initiatives aimed at increasing community partnerships, community participation and community knowledge of strategies to prevent the abuse, neglect or removal of a child.

Whereas the vision of NCCI is to build healthy families and thriving communities; develop partner ships capable of addressing social problems affecting children and families; and integrate resources and services to address crisis and advocate on behalf of families.

Therefore be it resolved that ANC 6C supports the work of NCCI and the contributions it makes to families in the ANC 6C community.

The resolution passed without objection.

  1. Old Business

Planning, Zoning and Environment Committee

Committee Chair Rob Amos reported on the PZE Committee actions at its last meeting:

300 block ofH Street NE– Modification of PUD

This is a request for support for a Zoning Commission application for modification of the PUD for the 300 block ofH Street NEfor less density, less height and other modifications.Hearing date:November 30, 2009.

The original PUD for this development, located between 3rd, 4th, H and I Streets NE, was granted in 2007, and the developer is now seeking the elimination of top two stories, reducing building height from 90’ to 75’; reduction in the number of residential units from 228 to 212; reduction in the gross floor space from 287,930 sq. ft. to 250,000 sq. ft.—FAR 4.8 to 4.2; reduction in the number of off-street parking spaces from 399 to 270 (includes removal of one level of underground parking).PUD would have to be extended for two years if the modifications are not approved.

Other features of the original PUD remain the same, including 41,000 sq. ft. grocery store and other retail space.

Motion:Mr. Richardson moved/Ms. Phelps seconded a motion to accept the Committee’s recommendation to support the request for a modification to the PUD for the proposed development in the 300 block ofH Street NE.The motion passed without objection.

Text Amendment to Permit Retail and Service Uses

This is a request for support of a text amendment that will be presented to the BZA to permit retail and service uses by special exception in special purpose districts.The hearing is October 29th.

The Office of Planning seeks an amendment to SP-2 districts to allow increased retain and service uses by special permit to ground floor or below ground floor SP-2 district properties south of M Street NW and NE.The purpose of the –amendment is to allow a greater variety of retail and service establishments in SP-2 districts as long as they do not include a drive-through and are not objectionable to neighboring properties; and to increase pedestrian traffic in these areas an increase available retail/service opportunities while easing the burden of developers having to prove “undue hardship” if the exceptions are not granted.Motion:Mr. Docter moved/Mr. Dixon seconded a motion to accept the Committee’s recommendation to support the text amendment as presented, and ask that a representative of the Office of Planning attend the next full ANC meeting to more fully explain the ramifications of the amendment.The motion passed without objection.

Proposed BZA Consent Calendar

This is a proposal for a text amendment to allow for a BZA consent calendar, limited to cases that are routinely before BZA and have a high probability of no opposition.It proposes only one-family dwellings or flats R1 and new or enlarged accessory structures.The purpose is to reduce backlog and lower application costs.BZA is requesting ANC comments.Hearing: October 26th.

The purpose is to create an expedited review process when the applicant waives his/her right to a hearing for an addition to a one-family dwelling or flat or a new or enlarged accessory structure or for a park, playground, swimming pool or athletic field.If the applicant requests a waiver, it goes on the consent calendar for the same day as the scheduled hearing unless within ten days written opposition is submitted by the affected ANC, Councilmember, person(s) requesting party status or owner/occupant of property located within 200 feet of the subject property; or a board member requests the director to remove the item from the consent calendar.

The Committee suggested that the time for listing be reduced from10to 3 days; and that the ANC remind the Office of Planning that it needs to notify the ANC of its activities and that they look at the procedures already used by HPRB for placing items on a consent calendar.

Ms. Phelps objected to the reduction to three days.She added that she is not interested in taking a position on the issue and doesn’t want the ANC to be on record as approving or disapproving the consent calendar.Mr. Docter agreed.Motion:Ms. Wirt moved/Ms. Brown seconded a motion to send a letter to BZA requesting that, whatever action is taken, when an item is placed on the consent calendar that the ANC is promptly notified of the action.The motion passed without objection.

Downtown Zoning Regulations

This is a replacement of the downtown zoning overlay structure with seven components which would: replace current mechanisms for incentivizing housing with a single system of housing credits, continue retail requirements and standardize them, remove historic preservation goals (there have been only two cases in 20 years, maintain existing arts area, establish parking maximums for residential uses, and provide a special exception for time limitations for surface parking lots.The area proposed in south of M Street NW, north ofPennsylvania Avenue NW, east of15thStreet, and west of3rdStreet.The earliest adoption of the new scheme is the fall of 2010.A hearing is scheduled for November 2nd. The committee took no action.

These are changes to the downtown zoning structure recommended by the Office of Planning to address issues with the current complex structure while balancing mixed-use, supporting retain and service uses and encouraging the development of hotel and residential units.It includes a simplification of 17 possible zoning combinations reduced to six zones, simplifying regulations while maintaining existing development rights and assists in spreading out mixed-use successes across broader areas.

The committee heard from OP representative Travis Parker.Motion:Mr. Docter moved/Mr. Dixon seconded a motion that the Planning, Zoning and Economic Development Committee should bring Mr. Parker back for a more detailed presentation as there is much clarification that is needed.The motion passed without objection.

2009 Amendments to the Comprehensive Plan

Mr. Amos reported on the 229 amendment proposals for the 2006 Comprehensive Plan, the result of the first Amendment Cycle, and said that the public comment period ends November 11thand will be presented for Council consideration in early 2010.The committee took no action, and the ANC followed suit.

Transportation and Public Space Committee

Co-Chair Joe McCann presented the Committee report:

HillsdaleCollege,227 Massachusetts Avenue NE

This is a request for support of a public space permit for changes to the front yard, landscaping, etc. to a building that the ANC already approved.The changes proposed will increase the green space, including a grove of trees at the front of the plaza.There will be less pavement and an increase in other green space.There will be low mounted path lighting and there will be sprinklers for watering the green, and uplighting for the trees.There will be a low wall separating the sidewalk from the plaza.The signage will be on the wall on both sides of a narrowed stairway.

TheADAramp has been redirected to come out directly onto the plaza.No benches are currently proposed, but perhaps they will be installed later.There will be a bicycle rack in the alley to the north of the plaza.Motion:Mr. Velasco moved/Ms. Phelps seconded a motion to accept the Committee’s recommendation and support the changes in the plaza and landscaping for the building at227 Massachusetts Avenue NE.The motion passed without objection.

CaféBerlin,322 Massachusetts Avenue NE

This is a request for support of a public space permit to increase the number of seats in their outdoor garden seating from 40 to 50.This would not involve any increase in space.Motion:Mr. Hamilton moved/Ms. Phelps seconded a motion to accept the Committee’s recommendation to support a modification in the number of seats at the outdoor garden at CaféBerlin. The motion passed without objection.

Four-way Traffic Stops

This is a request for comment from DDOT on a plan for the intersections at 4thandA Street, NE, 10thand K Streets NE, and 8thand I Streets NE to be converted from two-way stops to four way stops.Comments are due October 30.Motion:Mr. Velasco moved/Ms. Phelps seconded a motion to accept the committee’s recommendation to support the changes of the above intersections from two-way to four-way stops.The motion passed without objection.

Madrigal Lofts Sculpture

This is a request for support of a public space permit for an eight-foot sculpture on a 3½ foot pedestal at the Madrigal Lofts,811 4thStreet NW.The sculpture is in the original plan for the building, and was previously approved by the ANC.Motion:Mr. Silver moved/Mr. Dixon seconded a motion to accept the Committee’s recommendation to support the application for a Public Space Permit for a sculpture installation at Madrigal Lofts,811 4thStreet NW.

Mr. Silver said he has no problem with the sculpture and it will enhance the neighborhood.There was a discussion of the aesthetics of the sculpture.The motion passed without objection.

Support of Penn Quarter Fresh Farm Market

Mr. Docter reported receiving a letter from Ken Crerar, a lobbyist for the Council of Insurance Agents and Brokers whose office is at701 Pennsylvania Avenue NWand who parks in the building.He claims it takes him at least fifteen minutes to get out of the garage on days that the Market is in operation and has written to the DDOT space manager, the ANC and other relevant organizations requesting that the permit for the operation of the Market be revoked.The management of the Lansburgh, Joanne Neuhaus of the Penn Quarter Neighborhood Association, and others in the community have said revoking the permit is not a good idea.

Mr. Docter said that the ANC should oppose the request.Mr. McCann reported that he had spoken with Ward 6 transportation planner Jamie Henson who reported that DDOT is not yet looking at the issue and no-one there had seen it.Mr. McCann said that both Councilmember Wells and DDOT Administrator Gabe Klein oppose closing the Market.He said that Mr. Crerar has agreed to appear at the next committee meeting.

Mr. McCann read a motion proposed by the Committee:Motion:Mr. Docter moved/Mr. Dixon seconded a motion to recommend that the ANC accept the following Committee resolution and send a letter incorporating its language to DDOT:

In recognition of the Penn Quarter Farmers Market that operates seasonally on8thStreetbetween D and E Streets in the center of Penn Quarter, ANC 6C notes the following:

Whereas the Penn Quarter Farmers Market has served the downtown neighborhood for seven years;

Whereas the Penn Quarter Farmers Market serves, on average, 5,000 residents and workers in an average week;

Whereas the Penn Quarter Farmers Market has been a source of fresh produce, baked goods, meat and other local products;

Let it be known that ANC 6C recognizes that the Penn Quarter Farmers Market is a “jewel of Penn Quarter,” enjoying broad neighborhood support, and that ANC 6C strongly supports the Penn Quarter Market.

We therefore request that DDOT take no action concerning the Penn Quarter Farmers Market permit so that the ANC 6C Transportation and Public Space Committee can have a public hearing at which Ken A Crerar can testify.In the event that DDOT shall schedule a hearing or propose any action on the permit, it shall give ANC 6C on or after October 31, 2009, at least 30 days notice before holding any hearing or taking any proposed action on the permit.

The motion passed without objection.

Downtown Traffic Study

Mr. McCann reported that there had been a discussion of how bad traffic on7thStreet NWhad become, and Mr. Docter had recommended to the committee that a DDOT study be undertaken of the traffic and its impact on the rest of downtown.It was determined that the whole downtown area had not been studied since it has become such a center of urban activity, Mr. Doctersaid that this was not a priority of the BID or downtown business people because of the negative impact any changes should have on business.Motion:Ms. Phelps moved/Mr. Docter seconded a motion to accept the committee’s recommendation that the ANC request that DDOT undertake a traffic study of downtown traffic conditions fromPennsylvania Avenueto all ofNew York Avenue NW, andMassachusetts Avenue, and from 395 to15thStreet. The motion passed without objection.

Valet Parking Permits

12 new applications for valet parking permits have been filed with DDOT.Many of the establishments already have valet parking but a new DC law requires that they file for applications.A hearing was scheduled for October 27th.The establishments include Capitol Grill, SEI, Rasika, Café Atlantico, the Source, theNationalBuildingMuseum, the Fur Factory and the Newseum.

Licensing and Permits Committee

Oasis –1179 3rdStreet NE

Ms. Phelps reviewed the history of the ANC and Oasis, which was included in a letter she forwarded to BZA requesting an appeal of their ruling restoring the establishment’s certificate of occupancy.This is the text of the letter, which comprehensively outlines the situation:

At Advisory Neighborhood Commission 6C’s duly noticed, regularly scheduled monthly meeting onOctober 14, 2009, ANC 6C again discussed the following matter:

BZA Application No. 17902

Appeal of Joseph Park from an August 29, 2008 decision of the Zoning Administrator (“ZA”), to revoke Certificate of Occupancy No. 167331, for a liquor store (Oasis Liquors) in the R-4 District at premises 1179 3rdStreet NE (Square 773, Lot 277).

In July, ANC 6C filed a motion for reconsideration regarding BZA No. 17902; on September 14, 2009, the Board discussed the motion and reopened the record on a limited basis as to Findings of Fact 16, to allow the ANC an opportunity to receive, review, and respond to Appellant’s tax records. The Board ordered the Appellant to serve the ANC with all tax records submitted to the Board and allowed the ANC to respond by October 21. OnSeptember 15, 2009, Commissioner Anne Phelps, the named ANC 6C representative in this case, received (for the first time) copies of the Applicant’s D-30 SUB Unincorporated Business Franchise Tax Returns for the years 2003-2008.

Accordingly, at ANC 6C’s duly noticed, regularly scheduled monthly meeting onOctober 14, 2009, with a quorum of 9 Commissioners and the public present,ANC 6C voted unanimously to file the following response to the Board.

  1. Facts revealed by the returns

The Board’s Order, datedJuly 10, 2009, contained Finding of Fact 16, which stated:

16. Through the year 2008, the Appellant filed with the D.C. government Unincorporated Business Franchise Tax Returns for his store. [A BZA footnote here states: “Tax returns for 2002 and 2003 are not in the record and their absence was not explained.”] The 2004 and 2005 returns show income from the business, while the 2006 return shows no income, but shows that repairs were made to the subject property.

The Board made a factual error as to the finding that the 2005return showed income – the returns show that there was no income of any kind in 2005; rather, the Appellant claimed a $4,090 loss for writing off much of his remaining inventory before ceasing operations. Also in error was the Board’s finding that the 2006 return showed repairs made to the subject property; Line 12 of the return, titled “Repairs,” shows zero dollars spent.The tax returns show no gross receipts, no sales, no income, and no inventory purchases at any time in 2005, 2006, 2007, and 2008.

The tax records also show that the Board’s Finding of Fact 25 was incorrect. That Finding stated:

  1. The Appellant spent approximately $30,000 repairing and renovating the subject property in preparation for the operation of the liquor store business by Mikyung Yoon. Hrg. Trans., at 133.

In its motion to reconsider, the ANC objected to this finding of fact, as there was no documented evidence to support it. The Board dismissed this objection in the Sept. 14 hearing, stating that:

. . .it’s in the Board’s discretion and it’s not abuse of that discretion for the Boardto credit testimony in the record based on the witness and the witness’ veracity and credibilityand demeanor and all of those types of things.

And with respect to whether $30,000 was actually spent in repairs,it’s immaterial. Again, it’s part of the larger argument that the Applicant was making for the BZA regarding lack of abandonment and it doesn’t matter if he spent $30,000, if he spent $2,000 . . . So, the issue I think is immaterial and I disagree with the ANC that we ought to reconsider on that basis. (Sept. 14 Motion to Reconsider Hearing transcript, pp. 74-75)

The ANC respectfully but strongly disagrees with the Board’s position that this assertion of $30,000 spent on repairs is immaterial, and the discrepancy between the Applicant’s testimony and the tax returns bears this out.Most significantly, this discrepancy calls into question the veracity and credibility of the Appellant, upon which the Board based its decision.

The Board considered Appellant’s assertion material enough to issue a finding of fact on the matter. The Appellant asserted, under oath, that he had spent $30,000 in repairs and renovations. If he had spent such a significant sum on the property, he certainly would have claimed it as an expense on his tax returns.

B.BZA’s reliance on the tax returns

Even though the tax returns show no business activity at1179 3rdSt. NEwhatsoever, the Board repeatedly referenced its reliance on those tax records in deciding for the Appellant during its May 12 decision hearing. Comm. Hood expressly relied on the tax returns:

COMMISSIONER HOOD:

I’ll just — not be belabor or to keep repeating anything I’ve heard, I would just say that the appellee, I thought, made a very good case, as you mentioned, Mr. Chair, and also, with the neighbors and everything and their comings and goings and seeing what is actually taking place at the liquor store. But when the evidence came in for the tax filings and the BBL license and all those issues, for me, it was the tax filings which let me know there was no intent to abandon. (May 12thdecision transcript, p. 22)

The Chairman also heavily relied on the tax records and specifically used them to balance the weight of the evidence in the Applicant’s favor – expressly giving the Applicant the benefit of the doubt despite the absence of a business license, no water service to building, and testimony of neighborhood witnesses:

CHAIRMAN LOUD:

Park also testified that the liquor store was his sole means of retirement and that while he did start to suffer from failing health in 2006, he continued to open the store a couple times a week after encountering those health issues. There were six witnesses who testified to not seeing the liquor store open after 2004. And the witnesses were credible and all of them testified that they were there at different periods of time, including walking their dogs, some on weekends, some in the morning in route to Metro and so on and so forth. And that testimony was considered by me.But on the other hand you have directly running up against that testimony the tax filings records,the payment of the safekeeping license; you have the execution of the April 2008 lease, all of which again tend to suggest, to me anyway, that there was never an intent to abandon. And I don’t think that one could infer from the neighbor testimony, although it was very strong testimony, that they were able to monitor the premises 24 hours a day, 7 days a week for a three year period, such that one could draw the conclusion that there was an intent to abandon the store . . . There was some testimony regarding the lapse of the basic business license in 2003 and that marking the beginning of a period of discontinuous use and/or abandonment. I think an inference can be made with respect to that,particularly in light of the tax records that were later filed, that that could have been simply a sloppy management . . . I have the same conclusion with respect to the cutoff of the water. I think that there — I think an inference can be drawn that that was bad management, that it might be shrewd management in the sense that one might now want to continue to incur thoseexpenses as one was cutting down to one or two days a week being open. But again, that alone, particularly in the face of these business filings, business tax filing, showing some income on the property and showing some repairs to the property and the lease,water cutoff alone, I don’t think amounts to or rises to the level of substantiating a claim that there was an intent to abandon operation of the liquor store. (May 12 decision hearing transcript, pp. 17-19)

Vice Chair Dettman also discounted the neighborhood witnesses, stating that the neighbors could not monitor the building 24 hours a day.(May 12 decision hearing transcript, p. 20.)However, these tax records, showing no income or repairs of any kind, clearly prove the neighbors correct.

C.CLOSING

Appellant’s own evidence directly contradicts the key testimony relied upon by the Board in weighing the evidence of intent. Not only do the tax records refute Appellant’s own testimony, the records also support the testimony of DCRA’s witnesses and the ANC.

-Appellant’s testimony that he actively operated at1179 3rdSt NEuntil Sept. 2006 is clearly refuted by the lack of gross receipts and income in 2005 and 2006; his testimony that he sporadically operated thereafter is also clearly refuted by the lack of gross receipts and income in 2007 and 2008.

-The unsworn witness statements and the American Express report are also refuted by the complete lack of gross receipts and income in 2005, 2006, 2007, and 2008.No business open even as infrequently as a couple of days a week over the course of four years would show zero gross receipts and zero change in inventory.

-It’s important to note that the mere act of filing business tax returns does not itself indicate a functioning business; such returns would be filed to claim depreciation on the property itself.

Not only do the tax returns prove that the non-conforming liquor store use at1179 3rdSt NEwas plainly discontinued after 2004 in excess of three years, satisfying the presumption of abandonment, but the returns cast serious doubt on the credibility of the Appellant, upon which the Board rested its decision. While Mr. Park benefited by claiming tens of thousands of dollars of tax losses after 2004, filing tax returns to claim losses and years later signing a lease does not overcome the presumption of abandonment.

The entire record, short of Appellant’s own testimony, shows that Oasis Liquor was closed by at leastJanuary 1, 2005.Accordingly, ANC 6C requests the Board reverse itsJuly 10, 2009, decision and find against the Appellant.

Motion:Ms. Phelps moved/Mr. Velasco seconded a motion to support the letter (above) and to continue authorizing Ms. Phelps to represent the ANC in this matter.The motion passed without objection.

Bistro Cacao,318-320 Massachusetts Avenue NE

Ms. Phelps reported that Ms. Wirt had worked with the community and the establishment to set reasonable hours for the establishment, and a voluntary agreement has been signed.

Level –315 H Street NW

Mr. Docter reported that Geoff Turner, an acoustic engineer, had been hired to do an assessment of the sound at Level. He said that noise is an important consideration because it will affect about 2000 units in theMassachusetts Avenueneighborhood.He said that Mr, Yousefi, the owner, had not been straight with the community, not saying that he was planning to have a nightclub.He filed an 18-page document at ABRA asking for a continuation of his hearing.He has a new counsel, and there has been no agreement regarding traffic or security, and there are problems with DCRA.He is asking ABRA head Fred Moussally to mediate the case.

Ms. Phelps announced that Peter Feather is stepping down as Chair of the Alcoholic Beverage Commission.

Youth and Education Committee

Mr. Hamilton said he had no meeting in September.He announced that Kim Brinegar had been killed in an automobile accident.

  1. New Business

Mr. Silver raised the issue that the ANC should take formal steps to request a status report from the developers on the5thStreetproject.He has heard that Donahoe/Holland may be backing out of the development.He also thinks that Ms. Santos of the office of the Deputy Mayor for Economic Development should give the ANC a report.He said they should be invited to attend the ANC’s November meeting.He said he has tried contacting people and received no response.

The meeting was adjourned at9:05 p.m.