ANC 1C Minutes for November 05, 2014



Meeting Date: Nov. 5, 2014

Uploaded on: Dec. 10, 2014

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Please note: In addition to the text and vote counts of the official actions taken by the Commission, these minutes may contain
summaries of comments that were made and discussions that took place at the meeting. Such summaries are not intended to be a
verbatim account of the meeting.
Advisory Neighborhood Commission 1C
Adams Morgan
Minutes of November 5, 2014
I. Call to Order and Introduction of Commissioners
A regularly scheduled meeting of Advisory Neighborhood Commission 1C was held on November 5, 2014
at Mary’s Center. Chair Simpson called the meeting to order at 7:03 pm. Approximately 27 members of
the public attended. In attendance were Commissioners Brian Hart (1C01), Martis Davis (1C02), Ted
Guthrie (1C03), Gabriela Mossi (1C04), Elham Dehbozorgi (1C05), Billy Simpson (1C06), and Wilson
Reynolds (1C07).
II. Officers’ Reports
a. Chair’s Report
Chair Simpson commended Commissioner Hart for his hard work in a very tough race for DC
Councilmember At-Large.
Chair Simpson announced that Commissioner Rock had moved out of his district and stepped
down as Commissioner and as Chair of the Planning, Zoning, and Transportation Committee.
Chair Simpson nominated Commissioner Dehbozorgi to replace Commissioner Rock as Chair of
the Planning, Zoning, and Transportation Committee. Commissioner Guthrie seconded the
nomination which was then approved unanimously by a 5 to 0 vote. (Commissioners Dehbozorgi
and Mossi had not yet arrived).
Commissioner Guthrie moved to add Commissioner Simpson to the Planning, Zoning, and
Transportation Committee to bring that committee up to full membership. Commissioner Davis
seconded the motion that then passed by a unanimous vote of 5 to 0.
b. Secretary’s Report
Secretary Guthrie moved to approve the minutes for the September 3, 2014 ANC1C meeting.
Commissioner Simpson seconded the motion which passed by a vote of 5 to 0.
c. Treasurer’s Report
Treasurer Dehbozorgi reported that funds originally withheld by the DC auditor’s office had now
been released which will bring the balance in the ANC 1C account to a little under $20,000.
Chair Simpson moved to allocate up to $600 in funding to rent a meeting space and print
materials for a special forum on Lanier Heights zoning to be held November 18. Treasurer
Dehbozorgi seconded the motion that passed unanimously 6 to 0.
Chair Simpson also introduced two Commissioners-elect who were in attendance: Hector Huezo,
who will represent 1C02, and Alan Gambrell who will represent 1C05.
III. Commissioner Announcements/Comments
 Commissioner Davis announced that there would be no Public Services and the Environment
Committee meetings in November or December because of the holidays. He encouraged
everyone to check the ANC 1C website for news.
 Commissioner Reynolds thanked everyone who attended the recent paper shredding event.
IV. Public Announcements / Comments
 Benedicte Aubrun asked about the November 4 election results and confirmed that the
Commissioners who ran were re-elected. She also announced two events to fight human
trafficking: a seminar on November 11 at the Cosmos Club, and the Capital City Ball at City
Tavern in Georgetown, on November 22.
 Kristen Barden, Executive Director of the Adams Morgan Partnership BID, thanked the
Commissioners and the public for their support of Porch Fest held on October 19, which was a
successful event.
 Steve McKevitt brought up the condition of Columbia Road saying stretches of it are in horrible
 Benedicte Aubrun asked about a recent District Department of Transportation meeting that took
place at the Columbia Heights Community Center to discuss Ward 1 projects. Commissioner
Reynolds said that topics covered included bus routes and the rebuilding of U Street.
V. Upcoming Meeting Agendas for November
Chair Simpson announced that agendas for the November Committee meetings could be found on the
back of the agenda for this meeting and that there would be two special meetings in November: a special
meeting for Marie Reed Modernization on Thursday, November 13 at Marie Reed Elementary, and a
Special Forum on Lanier Heights Zoning on Tuesday, November 18 at the Festival Center on Columbia
Commissioner Hart announced that the ABC and Public Safety Committee meeting would be held on
Wednesday November 12 at the Kalorama Recreation Center and that in addition to the police report, the
agenda would include discussion of legislation on pedestrian and cycling safety that is under
consideration by the DC Council. Commissioner Guthrie added two other items that may come up: an
alcohol license application by Donburi restaurant, and Harris Teeter hours for wine and beer sales.
Chair Simpson announced that the developers for the new hotel in Adams Morgan plan to begin
construction in December and plan to attend the Planning, Zoning, and Transportation Committee
meeting with an update on November 19. He said that other agenda items for that meeting include
proposed additions to residences, and a proposed valet stand at the Grill from Ipanema. Chair Simpson
noted that developers for a project at the Meridian International Center had planned to come to the PZT
Committee meeting, but now are postponing those plans for a few months while they meet with neighbors
on several issues.
VI. Scheduled Business
a. ABC and Public Safety
i. Proposed amendment to Pop’s Sea Bar settlement agreement
Commissioner Guthrie reported that the owners of Pop’s Sea Bar requested changes in their
alcohol license settlement agreement to have their hours consistent with Cashion’s restaurant
(which they also own) and to be permitted to keep their front window open when the sidewalk
café is open. Commissioner Guthrie moved to approve these changes in the settlement
agreement. Commissioner Reynolds seconded the motion. Commissioner Mossi announced
that she would be abstaining from the vote since her brother-in-law is a minority investor in the
restaurant. Commissioner Dehbozorgi said that she thinks the operators have a good record and
she doesn’t think there will be any problems with them. The motion to approve the revised
settlement agreement passed by a vote of 6-0-1 with Commissioner Mossi abstaining.
ii. Timehri settlement agreement
Commissioner Hart provided an update on negotiations over Timehri’s request to amend its
alcohol license settlement agreement with ANC 1C. He noted that there had been a violent
incident there in 2012 but since then there have been no further violence or noise complaints and
the owners have been very responsive. Commissioner Hart moved for approval of a proposed
amended settlement agreement. Commissioner Reynolds seconded the motion.
THIS AGREEMENT, made and entered into this ____ day of September, 2014, by and between
Caribbean Vibes, LLC, t/a Timehri (Applicant) and Advisory Neighborhood Commission 1C (ANC 1C) (the
protestant) witnesseth:
Whereas, Applicant has filed an application with the DC ABC Board for renewal of its CT-01 license,
number 077730, used in connection with its Tavern business located at 2439 18th Street, NW, basement
Whereas, subsequent to its renewal application, Applicant also filed an application to amend or terminate
its Settlement Agreement with ANC 1C and KCA,
Whereas, Timehri is located within the boundaries of ANC 1C, and is within the membership boundaries of
the KCA and the RCNA,
Whereas, ANC 1C, KCA and RCNA have filed timely protests of the renewal of the license,
Whereas, in recognition of the Board's policy of encouraging parties to a protested
proceeding to settle their differences by reaching Settlement Agreements, the Parties hereto
desire to enter into a New Settlement Agreement whereby (1) Applicant will agree to adopt certain
measures to address the Protestant's concerns and to include this Agreement as a formal
condition of its Renewal Application, and (2) Protestants will agree to the approval of that Application and
the withdrawal of their Protests provided that such Agreement is incorporated into the Board's Order
approving said Application, which Order is thereby conditioned upon compliance with this Agreement,
Whereas, Applicant has recently taken or intends to take certain measures designed to ameliorate
Protestant's concerns,
In consideration of the mutual covenants and undertakings memorialized herein, the Parties agree as
1. Operation
Applicant currently provides food and agrees to continue that practice. Applicant agrees to not use the
word “Club” in its signage or in any advertising.
2. Hours of Operation
a) Sunday-Thursday 5 pm - 2 am
Friday & Saturday 5 pm - 3 am
b) Extended Holiday Hours Program:
Upon application to, and approval by the Board, if such approval is required, the parties agree that
Timehri may participate in the Extended Hours program to the following extent:
New Years Eve
Spring Daylight Saving
Memorial Day Weekend
Independence Day
Labor Day Weekend
Autumn Daylight Saving
Thanksgiving Day
4. Capacity: A copy of the Applicant's Certificate of Occupancy is attached after the signature page of
this agreement.
5. Noise
a) Applicant agrees to abide by all relevant provisions of the D.C. Noise Control Act of 1977 (D.C. Law 2-
53), including 20 DCMR, Chapters 27 and 28, as amended.
b) The doors and windows of the premises will be kept closed at all times during business hours when
music is being played or a sound amplification device is being employed in the premises, except when
persons are in the act of using the door for ingress to or egress from the premises. Applicant shall make
reasonable efforts to allow only one of the two doors to be open at a time.
c) Applicant agrees to abide by D.C. Official Code § 25-725 and in that regard shall not produce any
noise audible in premises not commercially zoned from music mechanical devices, amplifications or other
devices defined in that section of the law.
d.) Applicant shall make every reasonable effort to prevent or disperse loitering or any other source of
noise or disturbance in the areas in front or to the rear of the premises during business hours and at
closing, and to cause patrons to leave those areas quietly at closing.
e) Applicant agrees not to place outside in the public space or foyer any loudspeaker, tape player, CD
player or other similar device, or to place any inside speaker in such a way that it projects loud sound into
the public space, except during public festivals on 18th Street, such as Adams Morgan Day.
4. Trash/Recycling
a) Applicant shall maintain regular trash/garbage removal service, regularly remove trash from the trash
and dumpster area, and see that the trash and dumpster area remain clean.
Applicant shall deposit trash and garbage only in rodent resistant dumpsters, and shall see that dumpster
covers fit properly and remain fully closed except when trash or garbage is being added or removed.
b) Applicant will make every reasonable effort to eliminate food sources for rodents and help to eliminate
the rat population.
c.) Applicant will abide by the provisions of District of Columbia law and regulations regarding recycling
of cardboard, glass, plastic and metal.
d) Applicant agrees that no trash, garbage or recycling items will be placed in the dumpsters in the alley
after 11:00 pm.
e) Applicant agrees not to place or cause to be placed any fliers, handbills or other similar advertisement
in the public space, specifically on lampposts, street signs or any vehicle parked in the public space in the
Adams Morgan area
5. Security
Applicant acknowledges that it has a Security Plan in place.
6. Pub Crawls.
Applicant agrees not to promote or knowingly participate in bar or pub crawls, tours, or similar events.
7. Laws and Regulations
Applicant will operate in compliance with all applicable DC laws and regulations. Where a single bad act
gives rise to punishment under any DC law or regulation and the settlement agreement, punishment
pursuant to the settlement agreement shall not apply if it causes a second punishment – or double
punishment – for a single bad act. This provision is not meant in any way to restrict DC government
authorities’ discretion to apply whichever one punishment they see fit for a single bad act.
8. Final Agreement and Modification
This Agreement supersedes any prior agreements between the Parties, and shall constitute the only
agreement between the Parties, except to the extent that the Parties may modify this agreement in the
future. For purposes of D.C. Code Section 25-446(d)(2)(B), the date of the ABC Board’s approval of this
Agreement shall be considered its initial approval of this Agreement and shall commence the applicable
9. Withdrawal of Protest/Amended Application
The Protestants agree to withdraw their protests provided that this Settlement Agreement is incorporated
into the Board's Order granting the license renewal, which Order is conditioned upon compliance with this
Settlement Agreement.
For Caribbean Vibes, LLC, t/a Timehri For Advisory Neighborhood Commission 1C
________________________________ _____________________________
Print Name Title ANC 1C Print Name Title
________________________________ _____________________________
Signature Date ANC 1C Signature Date
Andrew Kline, attorney for Timehri, asked for a further change to the proposed amended
settlement agreement to allow earlier hours for special private events. He requested that it be
permissible to open at 11 on Saturdays and Sundays and 1 pm on weekdays. Commissioner
Davis asked about the nature of the private events.
Commissioner Guthrie expressed opposition to extending later hours based on existing problems
in the neighborhood with people leaving at late hours and disturbing the peace. He also said he
would not approve more than 6 days for extended holiday hours. Commissioner Simpson also
expressed concern with the extended holiday hours. Mr. Kline said that the establishment
adjacent to Timehri has extended hours on the same days.
Commissioner Reynolds said the owner has made progress and he is not comfortable extending
hours for some establishments but not others so he would be supporting the settlement
Commissioner Dehbozorgi asked how many nights during holiday weekends would have
extended hours. Commissioner Mossi asked about Christmas Day. Mr. Kline said the agreement
covers Friday, Saturday, and Sunday nights for Memorial Day and Labor Day weekends and
Christmas Eve, not Christmas Day.
Denis James, President of the Kalorama Citizens Association, said that the existing settlement
agreement included conditions that the Office of the Attorney General required to be included
after the stabbing incident. He said KCA does not support the amended settlement agreement
which it finds weaker than the original agreement in several areas.
Commissioner Dehbozorgi asked about Timehri’s security plan. Mr. Kline said the revised
security plan remains in place but he described it as a matter between the establishment and the
Alcohol Beverage Control Board that does not need to be a part of the settlement agreement. He
added that Timehri originally requested to terminate the settlement agreement and the revised
settlement agreement is a compromise.
Commissioner Guthrie said he would not be willing to sign the amended settlement agreement as
drafted. Commissioners discussed the possibility of further revising the proposed amended
settlement agreement. Commissioner Hart moved to eliminate the extended holiday hours for
Christmas and Thanksgiving. Commissioner Reynolds seconded the motion.
Commissioner Dehbozorgi suggested removing the Sunday of the 3-day weekends and requiring
that the security plan be included in the agreement. Commissioner Mossi suggested referencing
where the security plan could be found rather than including the text in the agreement.
Mr. Kline said that the purpose of a settlement agreement is to resolve the disputes of protested
applications for alcohol licenses and that security plans need to be reviewed and adjusted every
few years. He said if the security plan was included in the settlement agreement, Timehri would
not be able to change its security plan without the ANC’s approval. Mr. Kline said that his client
would not be willing to sign the proposed amended settlement agreement if Commissioners
propose changes to what has been presented to them.
Commissioner Hart withdrew his motion to amend the holidays included in extended hours.
Commissioner Reynolds noted that ANC 1C’s vote on the settlement agreement will give the ABC
Board an indication of the ANC’s level of support. Commissioner Reynolds then moved to strike
Thanksgiving and Christmas from the list of holidays for extended hours. Commissioner Davis
seconded the motion.
Chair Simpson said he appreciated Commissioners’ efforts to amend the agreement, but did not
think this was the forum for negotiating a settlement agreement. He said he was inclined to
oppose the proposed amended settlement agreement. Commissioner Guthrie said that in the
course of the hearing the ABC Board is likely to ask what the ANC can live with and at that point
they could ask for something less than what is specified in the proposed amended settlement
Commissioner Reynolds withdrew his motion to amend the holidays included in extended hours.
Commissioner Hart said that he had worked hard to find a middle ground in his negotiations with
Timehri, but that whatever the ANC votes on the proposed amended settlement agreement is the
position he will take before ABC Board.
The motion to approve the settlement agreement as drafted failed by a vote of 2 to 5.
a. Public Services and the Environment
i. Kalorama Park renovations
Commissioner Guthrie provided background on plans to renovate Kalorama Park. He said that on
October 9 the DC Department of Parks and Recreation (DPR) and the Department of General
Services (DGS) announced a plan to redesign the plaza outside of the recreation center which is
linked to a plan for new playground equipment in the park. Commissioner Guthrie offered a
resolution requiring DPR and DGS to bring the plaza redesign plans to ANC 1C for comment and
calling on DPR and DGS to ensure no work done in the park would compromise its historic
design. Commissioner Davis seconded the motion.
WHEREAS the Department of Parks and Recreation [DPR] and the Department of Governmental Services
[DGS] on October 9, 2014 announced major changes to Kalorama Park, and
WHEREAS DC Code section 1-309.10 requires that any DC agency provide notice to the affected ANC of any
public improvements with the opportunity to advise said agency, and
WHEREAS neither DGS nor DPR have provided notice to ANC 1C, with opportunity to advise, and
WHEREAS Kalorama Park is located within Kalorama Triangle Historic District, is adjacent to Washington
Heights Historic District, and is designated as a Department of the Interior Underground Railroad site, and
WHEREAS the DGS/DPR plans for the park include substantial and significant changes to the historic design of
the park, and
WHEREAS the changes proposed for the plaza area of the park are unrelated to the need for new, safe
equipment in the children’s play areas;
NOW, THEREFORE, be it resolved that ANC 1C calls on DPR and DGS to:
1. Decouple the redesign of the plaza area from the installation of new play equipment on the playgrounds,
such that planning for and installation of new equipment in the playgrounds not be delayed by a
determination on the nature and extent of any redesign of the plaza area.
2. Bring the proposed plaza redesign before ANC 1C for its consideration and advice.
3. Appropriately give great weight to ANC 1C’s recommendations and advice on the proposal.
4. Ensure that any changes made to the plaza area are not inconsistent with the historic design of the park.
5. Ensure that no work to be done in the park compromise or endanger any of the archeological features
reflected by the park’s status as an historic site on the Underground Railroad.
Commissioner Dehbozorgi said she understood that DGS was going to contact the biggest
stakeholders with 3 options and then come to the ANC and she agreed that plans must not
endanger with any historical landmarks.
Commissioner Guthrie urged DGS and DPR to come in and make a presentation at an ANC
meeting. Kenneth Diggs, Associate Director of Government Affairs and Communications with
DGS, said he was attending the meeting only in an unofficial capacity, but he planned on coming
to the December ANC meeting. Mr. Diggs said their intention was to come to the ANC after
reaching out to members of the community most interested in the park. He said the projects to
redesign the plaza and to add new playground equipment are coupled for economy of scale.
In answer to a question from Commissioner Dehbozorgi, Mr. Diggs said the current boundaries of
the playground stay the same but some hedges would be taken away.
Chair Simpson asked for comments from the public and urged everyone to be respectful while
others are speaking. He said there will be another opportunity in December to speak.
Commissioner Davis introduced Marney Cheek, a parent who uses the park and playground
frequently. She said a lot of parents are excited about Kalorama Park renovations because it is
the backyard of the community for many homes that have small or no backyard. She said that
Kalorama Park has been overlooked while other parks got new equipment and that families are
driving to other parks that have been revitalized. She asked that the ANC work collaboratively in
this process and said she thought the resolution was premature. She also urged that both
projects be done at the same time so that the park will be out of commission for a shorter time.
One resident said as a parent of young children he uses the park about 300 days a year and his
mother-in-law keeps a garden there. He said he would like to see the park renovations done
sooner rather than later and have the projects coupled for economy of scale.
Another resident agreed with coupling the projects and considering the whole space in the
Another resident encouraged the Commissioners to set aside the resolution and let the process
continue saying it is putting the cart before the horse to vote before DGS and DPR make their
A resident who lives across from the park said that the funding is a gift that should be accepted
since the DC government is facing shortfalls and the money will be gone in future.
Another resident said she is mystified why we can’t get the playgrounds done and just trim
hedges without changing the whole plaza.
A resident who maintains a garden in the park said the earlier meetings were about the erosion
project and the meeting in October was the first to mention the playground equipment. She said
fliers should have been all over the neighborhood about that meeting.
Hector Huezo said he loves Kalorama Park and is glad the money is available to improve it. He
added that he hopes DPR and DGS will give weight to the ANC recommendations, and if the
parents need help renovating the playground, the ANC should help them.
Denis James said the problem is that there is no plan for the park. He said the last erosion
project took too long and that the hedges can be trimmed without wasting taxpayer money on a
“make-work” project.
Another resident said many people like the design and if the new playground equipment is de-
coupled from the overall renovation they could end up with an uninteresting and unimaginative
Another person urged the Commissioners not to decide on support until they see the new design;
to take advantage of funding while it is available; and, to evaluate whether the plans meet
everyone’s needs.
Another resident recommended not slowing down the process, but rather engaging and making
the design better.
Another resident urged everyone to look at the design and understand it.
Alan Gambrell supported the previous comment, and urged DGS and DPR to present the
proposals so that people can see the differences in the designs.
A resident who lives on Biltmore Street and frequents the park liked the idea of a redesigned
plaza and expressed concern that decoupling the projects will stop the playground renovation
echoing that if we wait the money might not be there.
Denis James noted that if DGS goes to the Historic Preservation Review Board that body will ask
what ANC says about the project. Chair Simpson said the ANC may be able to make a
recommendation at its December 3rd meeting.
Chair Simpson made a motion to amend Commissioner Guthrie’s resolution motion by removing
the clause calling for DPR and DGS to decouple the design of the plaza area from the installation
of new equipment on the playground, and in the first “Whereas” clause replacing the word “major”
with the word “significant” to describe the planned changes for the park. Commissioner
Dehbozorgi seconded the motion.
Commissioner Reynolds said he understands Commissioner Guthrie’s effort, but thought the
resolution should be tabled and moved to table Commissioner Guthrie’s resolution.
Commissioner Hart seconded the motion.
Commissioner Davis said he has been working for the last three years to develop a master plan
for the future of Adams Morgan and not enough people have come to these meetings. He said no
parents have come to ask for help with renovating the playgrounds. He said he has not seen a
utilization plan for the park and that he would like to see a walking path added for older residents.
He concluded that he doesn’t like the process thus far, but that he would not hold up the
children’s playground.
Commissioner Guthrie said he has no problem tabling his resolution and that the discussion has
achieved the goal of getting the attention of DPR and DGS.
Commissioner Hart said he is satisfied with Mr. Diggs’ explanation of the process.
The motion to table Commissioner Guthrie’s resolution passed unanimously by a vote of 7 to 0.
Chair Simpson said this matter will be on the agenda for the December 3 ANC 1C monthly
meeting. He said the proposed plans for Kalorama Park are available on the DGS website and
encouraged everyone to tell their neighbors about this and let the Commissioners know whether
they support one plan over another, and to bring their specific recommendations to the next
VII. Adjournment
Commissioner Guthrie moved to adjourn at 9:40 pm. Commissioner Davis seconded the motion which
passed by a unanimous vote of 7 to 0.