ABRA Status Hearing

By Allie Meyer

What started out as a simple plan to expand popular restaurant Hank’s Oyster Bar has turned into a lengthy legal process between Hank’s owner, the Dupont Circle Citizens Association (DCCA), and a group of 22 protesting residents from the Dupont area.

The three groups met Wednesday before the Alcoholic Beverage Regulation Administration (ABRA) to discuss an update of the situation.

Thus far, none of the groups had updates to report and there was confusion over whether the DCCA was actually playing a part in the situation at all.

Chairperson of the ABRA Charles Brodsky asked Robin Diener, the President and representative for the DCCA, to leave the protestors table since she had not properly filed a protest against Hank’s.

The meeting was quick and perfunctory, though there was an air of frustration in the room.

Hank’s Oyster Bar, located at 1624 Q Street NW, opened in 2005 after a long negotiation process with several neighbors and the DCCA. Owner and Head Chef Jamie Leeds agreed to a voluntary agreement with the two groups which regulates policies such as hours of operation, seating capacity and prohibited expansion.

The original agreement stated that Hank’s would not be allowed to expand. Since the restaurant was located next to an area with residential zoning, there was no controversy over the topic.

“This really began last year when the Alcoholic Beverage Control Board renewed the East Dupont Moratorium,” said Victor Wexler, a commissioner for the Advisory Neighborhood Commission (ANC).

Wexler explained that under the new moratorium two establishments would be able to expand laterally. Hank’s was one such establishment that was given permission to expand.

Leeds put plans in effect to purchase the vacant property next to her restaurant, at 17^th and Q streets Northwest. The ANC approved both her application for the property to be rezoned to commercial property and her request for an expansion.

ANCs cannot pass binding legislation; however, DC Government agencies are required to pay close attention to their actions and recommendations, according to Borderstan.com.

The process to expand Hank’s continued when Leeds decided to terminate her voluntary agreement.

An establishment is permitted to terminate a voluntary agreement when its liquor license is up for renewal and it has operated under the agreement for four years. Hank’s has met both of these requirements, affording Leeds the chance to terminate her agreement.

The DCCA was notified of her desire to vacate the voluntary agreement and was given the option to terminate or amend the agreement.

“We said we would be happy to support the amending of the voluntary agreement to allow Hank’s to expand,” said Diener.

Diener said that members of the DCCA thought they were in support of Hank’s since they were happy to allow the expansion; however, they want to keep the voluntary agreement.

“We are seen as being against Hank’s which is not the case,” Diener said. “We see the voluntary agreement as a tool in our community to get things done; it improves relationships between businesses and neighbors, and helps everybody to talk through. We’re just frustrated with the owner that she doesn’t even want to talk to us and she won’t consider amending the voluntary agreement.”

Leeds has refused to talk to the DCCA without her lawyer present and is adamant about terminating, not amending the voluntary agreement.

“I want to be able to expand my restaurant and not have to operate my restaurant with the rules set up by other people in the neighborhood,” Leeds said. “I’m a seasoned restaurant operator and I know what I’m doing; I don’t need to be told how to run a restaurant.”

“Voluntary agreements are not really voluntary, you’re forced into it,” she said. “The name is not really fair.”

The meeting before the ABRA ended with plans to meet again in October. Each side will be given one hour to present its case to the board, and the ABRA will decide what will happen with the voluntary agreement and the proposed expansion.

Greek Town Hall Meeting Settles Students' Concerns about New Regulations

American University students gathered at the Greek Town Hall Meeting last night to raise concerns about the pressures facing Greeks due to the new Student Conduct Code.

About fifty American University students came to the 8:30 p.m. meeting located in Ward 2 armed with questions about the new regulations that effect students living off campus and more specifically Greek houses. According to the Director of Student Conduct and Conflict Resolution Rosie McSweeney the new code will target any student who violates the law and endangers the reputation or well being of the campus community. This is particularly aimed to reduce complaints from surrounding neighborhoods due to noise and rowdy behavior.

According to Chief of Department of Public Safety Michael McNair the new regulations are there to provide a compromise between neighbors and students, “We want to foster your college experience of fun and education. With education and enjoyment come responsibilities,” McNair said.

The Executive Vice President of the Interfraternity Council Carter Gibson believed that progress was indeed being made. “The university is recognizing how we handle ourselves off campus. We’re doing a good job,” Gibson said. He suggested that students introduce themselves to neighbors and exchange contact information however, to begin building trust within the neighborhoods.

American University Senior and sorority member Alexis Keslinke asked what would be the repercussions of violating the new policy. According to McNair only chronic offences would require serious action from the university. This could include suspension or actions that effect student records. McSweeney assured the crowed that Student Conduct will speak with the students if a complaint is issued to first establish an understanding.

McSweeney did not believe however that being a college student is an excuse for irresponsible behavior. “You are all maturing. You need to demonstrate that you can all be independent people with rights and responsibilities,” she said. One student recommended loosening the alcohol policy on campus to combat off campus parties. “This is not a tolerance issue,” McSweeney said. “It’s the law.”

The university is also working with the neighbors to help understand their specific wants and needs. “The university is being proactive to get neighbors to talk ahead of time. More information is going out to inform the neighbors about what the university is doing to help,” said McNair.

According to McNair the policy isn’t about getting students in trouble. It has been effective in helping students who are in need of assistance from authorities. According to McNair Public Safety gets jurisdiction from the Metro Police Department. They are also working with other area police departments to respond to any issues that rise involving American University students. “Area police departments will respond to the scene and report back to Public Safety who documents it. It’s the same treatment as students living closer to campus,” McNair said. According to McNair these reports are less about rowdy students and deal more with assault victims.

According to The Eagle, the changes to the Student Conduct Code are all in light of American University’s expansion plan that will be proposed to the Zoning Commission later this fall. “The ten year campus plan could be altered or restricted by the Advisory Neighborhood Commissions due to bad conduct,” said McSweeney. “The University would be disadvantaged and powerless.”

Georgetown University and George Washington University also have enacted similar regulations to promote the good neighbor policy. According to Dean of Students Michelle Espinosa, there has been a low volume of neighborhood complaints so far this fall. “We’ve had four to five complaints at three addresses,” she said. “The houses were not houses occupied by an organization.”

According to Interfraternity Council President Adam Tager, “The best thing Greek life can do is to understand the new conduct code and be proactive with administration and neighbors.” The Student Advocacy Center is also a tool for students who are unsure about their rights and the process they can take if issues occur involving the new Student Conduct Code. “SAC will meet with students, administrators, and the conduct advisory board. We are here to listen and guide students through the process,” said Assistant Direct of the Student Advocacy Center Matt Kabak.

Kabak also stated that he believes the university has the students’ best interests in mind. However, “This is a vague change that affects a lot of students living off campus. We have to live with the rule and find out how it’ll play out, and yet we have no new rights,” he said.

Despite the concerns from the crowd McSweeney and McNair said that the new policy is the best compromise for students and the university’s reputation. “The university and Public Safety hold your safety in the highest priority,” McNair said. “We only want you to pursue your academic endeavors safely.”

Comprehensvie Shool Plan Designed to Drive DC Schools in Right Direction

The Cleveland Elementary School gym was filled with parents and other community members as they anxiously waited to hear what the panel in front of them had to say.

Chancellor Michelle Rhee approached the podium with one mission in mind: to properly educate the children of the District of Columbia public schools. Rhee spoke to the gym saying that the best way to educate children is to discover their strengths and interests and work from there.

“We believe learning should be fun,” Anderson said. “Learning is enjoying.”

Rhee informed the audience that they were implementing a plan to best educate children enrolled in the D.C. public school system. Rhee along with several other speakers introduced the Comprehensive School Plan. This plan is a two-year school improvement plan for all schools. The purpose of the plan is to detail where the school is headed as well as how it will get there.

As part of this plan, Rhee introduced ten out of the twelve instructional superintendents available at the time, who oversee the D.C. public schools. Barbara Adderly, Amanda Alexander, Clara Canty, Errick Greene, Eric Redwine, Stephen Zagami, Lolli Haws, Wayne Ryan, John Davis and Bill Wilhoyte all approached the podium, one by one. The instructional superintendents each gave a brief introduction, outlining their work experience in school systems, their personal background, and some of their objectives

The audience sat, listening as the speakers introduced themselves while wondering why. How will they contribute to this “plan”? As the forum progressed, the crowd soon understood what valuable assets these superintendents really were and how they will help reshape the D.C. school systems.

“It’s all about what the children deserve,” Greene said.

Fundamentally, these instructional superintendents demonstrated through their introductions and background that they are motivated and know how to run great schools. The superintendents bring resources that the principals may need. Furthermore, they build a group of strong principals as they play a hand in succession planning, to ensure perpetual strong leadership among the D.C. public schools.

“My job is to help the teachers and staff to ultimately reach their potential,” Haws said.

Following the superintendents’ brief introduction, Malika Anderson, the Director of School Performance and Reconstructing, outlined the details of the Comprehensive School Plan. With two of her kids currently enrolled in D.C. public schools, Anderson demonstrated to the listeners how she is determined to continue to improve the standards of the city’s school system.

“Success is not an option,” Anderson said.

As the plan is called a “comprehensive” school plan, Anderson made a point to emphasize the details of the plan.

“We’re all about fine print and asking for your help,” Anderson said.

At length, the Comprehensive School plan is comprised of three stages:

· Comprehensive Needs Assessment

· Peer Review and Revision

· Progress Monitoring, Communications, and Support

The first stage of the plan, Comprehensive Needs Assessment, is the foundation. By means of data and further guidance, this part strives to determine areas in need of progress. This stage identifies school student achievement and engagement, asking for input, as it seeks improvement.

“We have to know where we are to progress,” Anderson said.

In the following stage, Peer Review and Revision, plans are reviewed and given feedback. The peer review is comprised of a central office filled with experts knowledgeable about school improvement. In addition, the Local School Advisory Team (LSAT) and school leadership takes appropriate action to revise and finalize the school’s plan. Anderson stressed that as these plans were implemented with the purpose of continuous improvement, they will have high expectations. However, in order for schools to really experience success, these expectations must be realistic and be built within the particular school’s framework.

The final stage of this plan, Progress Monitoring, Communications and Support, is implemented in order for these plans to effectively continue while accompanied with ongoing improvement and success. In this final stage, there are monthly informal and quarterly formal progress reports. As a complement to these reports, there are quarterly LSAT meetings as well. As community involvement has been continually stressed, there will still be at least two school community forums a year to discuss plan, progress and participation in the D.C. school systems. Beyond the panel of superintendents, parent involvement is stressed at the classroom level.

“We want our teachers, principals and students to feel valued and supported,” Anderson said.

This plan helps ensure that principals have the best instructional plans for their students.

“Our job is to create chains of thought to exchange ideas with the principals in order to better run the D.C. schools,” Greene said.

The Comprehensive School Plan is designed to reflect the most current needs of the students, assuring schools to effectively teach and nurture their students.

“These plans represent the core thrust of school improvement in each of these buildings,” Anderson said.

Residents of ANC 4B Fight for No More Closed Meetings

At the monthly Advisory Neighborhood Commission 4B meeting last night, resident Robert Maxwell, riled up the crowed about the commission’s additional closed meetings.

“I want to ask for a vote on opening these closed meeting and if you could please share with the people what the topics discussed in closed meeting are.” Maxwell, a recent graduate of law school presented a very organized and supported argument. He explained that he had been denied entrance to meetings that were supposed to be open to the public. Maxwell did his research and told the Commission that the law doesn’t allow closed meetings. After Maxwell wrote a letter to the Commission, he was denied entrance again.

Commissioner Abdhul answered to Maxwell saying closed meetings are meant to plan the agenda for the open meetings, no more, no less. “Personally I enjoy it that way. This commission is already dysfunctional in managing monthly meetings.” Commissioner Abdhul explained there are no topics discussed in closed meetings that are meant to be kept from the public, but that these meetings are closed for lack of distraction. Commission Abdhul spoke again directly to Maxwell asking, “You are a recent grad? You got nothing better to do than focus on this?” Commissioners took turns defending the reasons for closed meetings, all agreeing with each other saying that no topics in the closed meetings are secret.

Members of the community began to argue in Maxwell’s defense. Resident, Andre Carl raised the question, “If it is just an innocent agenda, who cares if someone comes? Chances are they aren’t going to come anyway.” Resident, Perry Reed agrees with Carl saying “this young man’s (Maxwell) concern shouldn’t be demeaned.”

Without being called on an elderly resident, Mr. Montague, rose up aggressively saying, “I swore I’d never talk at another one of these things…Anybody; don’t have to be in 4B, can attend!” Vice Chair, Faith Wheelers, asked him to wait to be called on and to sit down as he continued talking. Montague finished his argument with, “I’m tired of this. All you do is lie!”

Secretary, Sara Green, attempted to calm the room down saying, “The planning meetings have never been open.” She went on to say that she even supports having open meetings, but that this is how every ANC works. Vice Chair Wheelers enforced that the matter has been forwarded to a higher level and the Commission hopes for an answer soon.

Against Maxwell’s original request, a vote was never made. Vice Chair Wheelers decided it was premature for a vote.

From the beginning the meeting was unorganized. Vice Chair Wheeler, was forced to start the meeting a little late and with community concerns (which was third on the agenda) because not all commissioners were present, including the Chair, Yvonne Jefferson. Members of the Commission were walking in late while community residents were talking. Grants and funding requests including a block party, October Awards Ceremony, and the Community Beautification were not discussed because there wasn’t a quorum and there was no prepared information on these issues. They did go through with two votes. The vote was unanimous for the Walter Reed Redevelopment and it was five to one with one abstention for the Mural at the Cork ‘n Bottle Building. Vice Chair Wheelers also made note that they are to have every meeting tape recorded from now but have not yet found or bought a tape recorder. A resident donated his on the spot, and accurate minutes should be available by Thursday, September 30.

OTHER MEETING ISSUES:

· Resident, Jeff Warner, approached the table of Commissioners to ask approval on for the addition he and his wife plan on adding to their home. “I apologize for coming in like this but I’ve been having trouble getting (the plans) approved,” said Warner. He submitted his plans for review.

· Whitney Parnell and Stefanie Vestal of non-profit service group, City Year, announced the group’s Day of Service on October 23 at Mamie D. Lee School from 9:00 am to 3:30pm. Parnell asked residents to approach her with questions and suggestions for service projects to better the neighborhood. RSVP TO CYDCVolunteers@cityyear.org

· Resident, Andre Carl, questioned any news of the Pawn Shop to be built in the neighborhood. Secretary Green responded there has been no news yet but she will send a letter to the DCRA

· Presentation of Flood Insurance was made by FEMA. Residents were made aware that although they are not in a high risk flood zone where purchasing Flood Insurance is mandatory, it is possible there houses or businesses could still get flooded. Residents were given pamphlets that explained FEMA more specifically and were encouraged to look into getting flood insurance.

ANC 3E Meeting Story

KATHRYN BRAISTED

The Advisory Neighborhood Commission 3E meeting erupted with frustration last night as the board discussed ongoing construction plans for an area park.

The commission is working with Washington D.C.'s Department of Parks and Recreation to make improvements to the Chevy Chase Recreation Center. Construction plans for the park include renovating the recreation center, installing a new field drainage system, creating a children's "splash park" and designating part of the green space as a dog park.

At the Sept. 23 meeting, DPR officials presented updated project plans to the public. According to several ANC commissioners, however, DPR's plans failed to answer their most-pressing concerns: the need for policies to govern both parking around the park and the use of lights in the park.

"It's not rocket science," said ANC 3e chair Matthew Frumin, representative of Single Member District 2. "If [answers aren't produced] in the next two months, people who would like to support you, can't."

John Stokes from DPR replied that it's "not that simple" and that it is the community's responsibility to come to the government agency with a parking plan. He added that it is too early in negotiations to discuss a lighting policy.

ANC 3e began negotiations with DPR during the summer of 2009 to make improvements to the Recreation Center. The park is located at the corner of Western Avenue and 41st Street NW and currently contains a baseball diamond, playground, tennis and basketball courts, and a recreation building.

Construction plans for the park include renovating the recreation center, installing a new field drainage system, creating a children's "splash park" and designating part of the green space as a dog park. DPR officials estimate the project will be completed by March 1 and will cost $3.1 million.

Another source of contention was the Recreation Center's dog park addition. The ANC submitted two dog park applications to DPR in October 2009: one in order to create the dog park, and the other to request that the entire ball field be an off-leash dog area during designated times of the day.

Stokes said the second application is still in process, prompting several audience members to voice frustration at the length of time they've been waiting for an outcome.

"This sort of thing is a process," said Stokes, adding that public comment can be made on the application until Oct. 24 on the DPR website. "It's possible for it to take years."

Commissioner Beverly Skloner, who represents Single Member District 1, raised her hand in opposition.

"I don't think you understand the frustration of this community each time you regurgitate the same things," she said.

Avon Wilson is the project manager at McKissack and McKissack, the architecture and construction firm heading the project. He informed those at the meeting what his employees will soon be doing when they begin construction work.

The ball field and recreation center are both fenced off for safety purposes, he said, and starting Sept. 26 almost all of the park will be closed to the public. The tennis and basketball courts will remain open. Wilson said in the coming weeks, construction will be done on the underground drainage system, old playground equipment will be removed, and work on the sod in the baseball in field will begin. Construction will take place between the hours of 7 a.m. and 3 p.m., he added.

Other plans for the Chevy Chase Recreation Center include:

• Addition of 450 square feet of bathroom/recreation space in the center

• New playground equipment and rubber surface play area

• New metal bleachers and solar electronic scoreboard

• New four foot high vinyl-coated link fence to define playing field with home run

• New warm-up pitching mounds and Bermuda-grass sod for entire field

IN OTHER NEWS:

• The board approved grant applications for the Lisner-Louise-Dickson-Hurt Home, the Alice Deal Middle School PTA and the Northwest Neighbors Village.

• The Office of Public Education Facilities Modernization (OPEFM) gave a presentation regarding landscaping, noise and light issues and possible solutions on the Fessenden side of Alice Deal Middle School. According to OPEFM official Ron Skyles, neighbors have been voicing concerns about sound issues from the school's outside boilers and cooling towers. Skyles said the boiler issue was addressed by placing mufflers on the boilers' exhaust vents, which reduced sound by 10 decibels. Potential solutions to muffle the cooling towers include placing a sound barrier or low-sound fan on the structures. OPEFM also plans to plant dozens more trees around the field adjacent to the middle school.

ANC 3E Meeting

MEETING STORY
By STEFANIE DAZIO
Construction to Chevy Chase Park will begin Monday after two years of debate and deliberation, D.C. officials announced at Thursday’s Advisory Neighborhood Commission 3E meeting.
ANC 3E Chair Matt Frumin said this project has been fraught with problems since the beginning, including contract controversies and neighbor opposition.
“It’s been a political hot potato for years,” he said.
The park, bordered by Western Avenue, Livingston Street and 41st Street, includes a baseball field, playground, tennis and basketball courts, a dog park and a recreation center.
Department of Parks and Recreation officials said construction should finish around March.
Avon Wilson, senior project manager for the Office of Public Education Facilities Modernization, said the construction budget is currently $3.1 million, cut down from $3.5 million. City records, however, say $3.3 million.
Work to the baseball field – used primarily by the Capitol City Little League – will include underground drainage and the installation of sod. The budget allocation for the field itself is just over $1 million, Wilson said.
The park will also see new playground equipment and a modernized recreation center. The basketball and tennis courts, however, will not be resurfaced.
The dog park’s application is still pending in a thirty-day public comment period, because the Chevy Chase Field Dog Park Group is asking for use of the official dog park, as well as use of the baseball field during certain hours of the morning.
Frumin said the group, which collects membership dues and has about 150 members, has always used the field as an unofficial off-leash park in the mornings. Now, however, they are looking to formalize their status with the government.
“It’s innovative,” he said.
Residents and commissioners argued with the agency authorities over the lack of a timely government response.
ANC 3E Secretary Jonathan Bender called the dog park, parking issues and field light concerns the “holy trinity” of construction problems.
Residents have complained about the field lights, saying the lights shine into their homes during night games. Neighbors also have problems with parking during games, where visitors cause a lot of traffic.
Frumin said that these issues are all solvable, but they are taking too long to resolve.
“It’s not rocket science,” he said.
ANC 3E Vice Chair Beverly Sklover said she was very frustrated with the long timetable, as well as the changes that keep happening – a track around the baseball field was dropped from the plans along the way.
“We have been told so many different things by this agency,” she said.
John Stokes, chief of staff for the Department of Parks and Recreation, said solving these questions take time to answer and some of the additions to the park are revolutionary for the department – particularly the dog park application.
“This is government, things do take awhile to get through the system,” he said.
The meeting also included a presentation by the Office of Public Education Facilities Modernization about the Fessenden Street side of Alice Deal Middle School, where residents have complained about noise and light issues.
OPEFM representatives said they recently put mufflers on boilers, which reduced the sound emitted by the boilers by 10 decibels.
Neighbors have said the school emanates a lot of light, but there have been several break-ins over the past few months. OPEFM officials said the installation motion detectors might be possible, but they are reluctant to reduce the amount of light after these break-ins.
OPEFM also presented a plan to reforest a Deal field, where trees and undergrowth were recently torn down. For the neighbors on Fessenden Street, the trees provided a “green screen” to block their view of the field. But now, the residents can see straight into the field.
The National Park Service owns land surrounding the field and said they would plant 50-70 trees on the property later this fall.
In other meeting news, ANC 3E give just under $10,000 in grants to local organizations. The Lisner-Louise-Dickson-Hurt Home received $800, the Alice Deal Middle School Parent-Teacher Association got $4,000 and the Northwest Neighbors Village was awarded $5,000, Frumin said.
In a report to the community, the Second District Police officers said crime is down in the area. Officers reported a robbery holdup, a domestic situation, two assaults with a deadly weapon and several burglaries.
Several bikes, and their locks, were stolen on Albermarle Street, the officers also said.
Residents were worried about the recent burglaries, but Lt. Alan Hill said most of the crimes were nomadic, and not neighborhood-based.
A sex offender, prosecuted for the rape of a child, recently moved to the area and the officers passed around a picture and the address of James Foley, who now lives on the 4400 block of Windem Place.
“You’re not going to have an absence of crime, unfortunately,” Hill said. “Overall, this is still a very, very safe neighborhood.”