The Public Hearing convened in Room 220 South, 441 4th Street, N.W., Washington, D.C. 20001, pursuant to notice at 9:45 a.m., Sheila Cross Reid, Chairperson, presiding.
Mary Nagelhout, Esq.
CONTENTS
- APPROVAL OF MINUTES
- CASES TO BE DECIDED
15613 Application of Nidal Sukhtian (very little included in file)
16622 Application of Sasha Bruce Youthwork, Inc (not included in file)
16620 Application of the Embassy of the Republic of Azerbaijan (not included in file)
16566 Application of Georgetown University
[page 4]
P-R-O-C-E-E-D-I-N-G-S
(9:45 a.m.)
CHAIRPERSON REID: Good morning. Welcome to the December 5th meeting of the Board of Zoning Adjustment of the District of Columbia. The meeting will please come to order. Mr. Hart.
MR. HART: Good morning, Madam Chair and Members of the Board. The first item on the agenda is the minutes and their approval. There are four minutes to be approved, and I will have to go through them again individually.
The first public hearing minutes are for November 8th, and Chairperson Reid, Mr. Sockwell, and Mr. Moulden, and Ms. Mitten were present.
COMMISSIONER MITTEN: I would like to offer a correction prior to voting on the minutes of November 8th. On page 2, under Case Number 16637, under the items that were requested before a final order, number 2 is actually a final landscaping grating plan.
CHAIRPERSON REID: Okay. And if there are no other corrections, are there any motions?
COMMISSIONER MITTEN: I move for approval of the November 8th, 2000 minutes as corrected.
CHAIRPERSON REID: I second. All in favor?
(A chorus of ayes.)
CHAIRPERSON REID: Opposed?
(No audible response.)
CHAIRPERSON REID: All right. Mr. Hart.
MR. HART: The staff will record the vote as four to zero to approve the minutes, with Ms. Mitten, Ms. Sheila Cross-Reid, as amended.
For the minutes of November 14th, the members here were Ms. Reid, Mr. Sockwell, Ms. Renshaw, and as far as Mr. Moulden, and Mr. Holman, both of them were not here, and I contacted them for their proxies, and they voted by proxy.
COMMISSIONER MITTEN: I move for approval of the minutes of November 14th.
VICE CHAIRPERSON SOCKWELL: Seconded.
CHAIRPERSON REID: All in favor?
(A chorus of ayes.)
MR. HART: The staff will record the vote as five to zero. Mr. Holman called in his proxy, and Mr. Hood has not called in his proxy, although he indicated he would. So the vote is 5 to 1. Mr. Sockwell, and Ms. Renshaw, and Mr. Holman is not present and not voting.
VICE CHAIRPERSON SOCKWELL: When you say 5 to 1, you mean five, zero, and one.
MR. HART: That's right. That's exactly right. Pardon. November 21st, Mrs. Reid, Mr. Sockwell, Mr. Moulden, and Mr. Parsons.
BOARD MEMBER RENSHAW: On the 21st or 28th?
MR. HART: The 21st.
CHAIRPERSON REID: Okay. Any motions?
VICE CHAIRPERSON SOCKWELL: So moved.
BOARD MEMBER MOULDEN: Seconded.
MR. HART: Okay. The vote here is four to zero, and Mr. Sockwell and Mr. Moulden, with a proxy from Mr. John Parsons.
And November 28th, Mr. Sockwell, Mr. Moulden, and Mr. Hood.
CHAIRPERSON REID: The 28th?
MR. HART: Madam Chair, there is a problem here Mr. Hood, who had indicated that he would have had a proxy in by this morning or today, has not submitted a proxy. And at that meeting, we had three members.
CHAIRPERSON REID: Did you just say Mr. Moulden, Mr. Hart?
MR. HART: No, Ms. Renshaw, Mr. Sockwell, and Mr. Hood.
CHAIRPERSON REID: Right.
MR. HART: Those three members. We don't a vote from Mr. Hood.
CHAIRPERSON REID: Well, why don't we just table this until this afternoon, the beginning of the afternoon session, and in the meantime, someone can call him and get a proxy from him, and then we will just finish it at that time.
MR. HART: Very well. The first case this morning is Case Number 15613, the Application of Nidal Sukhtian, as amended, pursuant to 11 DCMR, Section 3103.2, for a variance from the minimum lot occupancy requirement, Section 532, a variance from the minimum area required as residential recreation space, Subsection 533.4, and a variance to allow residential recreation space on a roof deck with dimensions of less than 25 feet, Subsection 533.8, for construction of a four-unit apartment house in an SP-1 District, at premises 1622 18th Street, N.W. And that is in Square 134, Lot 164.
In a letter dated September 8, 2000, the applicant requested modification of plans for EZA, Order Number 15613. The revised plans reflecting the requested modifications were submitted to the D.C. Department of Consumer and Regulatory Affairs on May
The following portions (pages 8 through 81) are omitted from this file)
File resumes with page 82 of the transcript
Chancery.
MS. PRUITT: Are you talking about in the applicant's—
CHAIRPERSON REID: In the order.
MS. PRUITT: Yes.
COMMISSIONER LAWSON: Yes, in the order, page 15.
CHAIRPERSON REID: Yes, in the proposed order. We had asked for it and didn't receive it, or I don't remember seeing it, but the agreement with the Belgium Chancery in regards to the parking for off street parking during their activities?
MS. PRUITT: No, we have not received that yet. I can check on that.
CHAIRPERSON REID: Well, I think I would ask for that. I would like to have that in the files. All right. Thank you very much. That concludes that particular application. We move now to the next item on the agenda.
MR. HART: Application Number 16566, the Application of Georgetown University, pursuant to 11 DCMR 3104.1. ANC-2E for a special exception for the review and approval of the University Campus Plan, years 2000—2010, under Section 210 in the R-3 and C-1 Districts at the premises bounded by lower Archbold
Parkway to the west, and National Park Service along the Chesapeake and Ohio Canal and Canal Road to the south, 35th Street, N Street to 36th Streets, and 36th Street to P Street to the east, and Reservoir Road to the north.
Square 1222, Lots 62, 801 and 802, Square 1223, Lots 85, 86, 804, 805, 807 to 810, 812, 815, 821, 824, 826, 827, 831,843, 846, 847, 852, 853, 855 and 857; Square 1226, Lots 91, 94 to 101, 104, 105, 803, 804, 806, and 811 to 815; Square 1248, Lots 122 to 125, 150 to 157, 800 to 802, 804 to 806, 829 to 831, 834 and 835. Square 1321, Lots 815 through 817. The hearing dates were June 13th, July 18, 2000; and the decision dates were September 5 and today, December 5th.
The board members were Ms. Sheila Cross Reid, Robert Sockwell, Ms. Anne Renshaw, Mr. Robert Moulden, and Mr. Herbert Franklin.
The decision date was scheduled for the Board's September 5th, 2000 public meeting. At the September 5th, 2000 public meeting, the Board decided that additional information and time were needed before making a decision.
The record was left open only for the additional information requested by the board. At the November 8th, 2000 meeting, the Board ruled that the Campus Plan shall be valid for a period of 10 years, until December 31, 2010. Madam Chair, the case is before you.
CHAIRPERSON REID: Thank you, Mr. Hart. We were today going to basically—we had already decided on this case, and we were to go over conditions today, and to vote on the conditions.
And what we are trying to do now is to—we just got them, and so we have to—
BOARD MEMBER RENSHAW: Madam Chair, could we take a moment and look over this material that we have received from the corporation counsel's office?
CHAIRPERSON REID: Right. I think if they will bear with us, and give us a moment, because we did not receive it until as we were coming in this morning, and we need to kind of take a few minutes to look over it. Thank you.
CHAIRPERSON REID: Is Mr. Franklin present?
MR. HART: No, Madam Chair, he is not.
(Whereupon, a recess was taken at 11:59 a.m., and the meeting was resumed at 12:22 p.m.)
CHAIRPERSON REID: The meeting will come to order. We have already taken the vote, and the application has been approved for a 10 year term, and we now go to the conditions.
BOARD MEMBER RENSHAW: Madam Chair, is it appropriate at this time to make a motion to reconsider the 10 year term, or would you prefer to have this motion at the end after talking about conditions?
CHAIRPERSON REID: We can have it—well, what do you think? You think at the end?
(Discussion off the record.)
BOARD MEMBER MOULDEN: I think since we originally approved the 10 year, and we want to get into the conditions, maybe we ought to do the conditions first, and then go back and do the considerations.
BOARD MEMBER RENSHAW: I would accept that.
CHAIRPERSON REID: Well, okay. Let's go over the conditions as they have been proffered to us. The first condition is the applicant's proposed campus plan. What we can do is just go over the conditions. Now, if in fact there is something that you want to discuss, then we will come back to that one, okay?
And I will just read it. Number 1 is the applicant's proposed campus plan is proposed for a term of 10 years.
Number 2, the applicant shall not increase undergraduate enrollment above the cap of 5,627, and adopted by the Board as part of the 1990 campus plan, until the southwest quadrant project is completed and occupied. The cap shall apply to traditional undergraduate students; that is, undergraduate students who require housing. Number 3, the Board shall not consider any—did I hear something?
BOARD MEMBER RENSHAW: Yes, I do.
CHAIRPERSON REID: Well, we will come back. We will come back.
BOARD MEMBER RENSHAW: Oh.
CHAIRPERSON REID: I am reading all of them, and any one that you want to discuss further, we will come back to only those.
BOARD MEMBER RENSHAW: All right.
CHAIRPERSON REID: The board shall not consider an application to increase undergraduate enrollment above the cap before December 31st of the year 2005. Any future requests by the applicant to increase its undergraduate enrollment shall include information indicating whether additional on-campus housing shall be provided, and demonstrating the effectiveness of the off-campus student affairs program.
The off-campus student affairs program implemented and enforced by the applicant shall specify that off-campus housing is a privilege that can be revoked due to student misconduct, whether a violation occurs on or off-campus.
A. The applicant shall ensure that the off-campus student affairs program is fully funded and staffed, and shall obtain the endorsement of the university's of directors for the program, and its implementation.
B. The off-campus student affairs program shall specify the measures that the University President shall undertake immediately upon receiving a complaint regarding a student's misconduct to resolve any objectionable behavior pending the university's investigation of the company.
C. The off-campus student affairs program shall conduct at least annually a community education workshop that is mandatory for all students living off-campus.
D. The off-campus student affairs program shall adopt and enforce a student code of conduct, and the student code of conduct shall clearly describe appropriate fairness of behavior and delineate misconduct and the causes involved of the code, and specify that sanctions shall be imposed for violations, particularly with respect to the consequence of repeat violations.
Now, in regard to that one, I have a question, and we would ask that Georgetown University supply us with fines for the various violations, penalties and fines. Did we get that?
MS. PRUITT: Yes. Yes, Madam Chair. It was in this large package here that you reviewed.
CHAIRPERSON REID: No, it was not in that package.
MS. PRUITT: Yes, it was.
CHAIRPERSON REID: No, it wasn't, and that's why at the last meeting as I was going through that large package, I stipulated that while it did say that fines would be imposed, it did not specify exactly what the amount was for what violation, unless I missed it.
MS. PRUITT: And let me go back and review quickly if I can.
CHAIRPERSON REID: We will come back to that. All right. The applicant shall distribute copies of the code of conduct to students at least annually, and shall request that students certify in writing that they agree to adhere to the code. Six, the code of student conduct shall provide that once the complaint is received concerning student's off-campus conduct, the university officer
—that is, the vice president for student affairs, assistant dean for off-campus student affairs, shall determine whether probable cause exists to bring the complaint before a hearing board, thereby relieving the original complainant of ways of pursue the matter.
Seven, the applicant shall maintain a telephone hot-line to receive complaints concerning student misconduct. The hot-line shall be staffed 24 hours per day by university personnel, who will be responsive to each complaint received.
Eight, when the applicant, upon investigation of the complaint, or by any other means, receives evidence of a violation of sanitation or housing' regulations involving effective student living, in on or off-campus residents, the campus shall report the violation to the Department of Consumer Regulatory Affairs, DPW, or other agency as appropriate.
The applicant shall monitor and enforce any reported violations to determine whether if necessary inspections have occurred, and whether fines have been issued and paid.
The applicant shall ensure that complaints are heard by hearing boards comprising two students and two faculty members, reflecting the University's recognition of the seriousness of the complaint and about serious misconduct. And, number 10—and Mr. Sockwell, can you continue to read that, please.
VICE CHAIRPERSON SOCKWELL: The applicant shall make publicly available data indicating the number and types of complaints received concerning student misconduct, and the outcome of each complaint, including whether sanctions were imposed and whether any fines were paid.
The applicant shall also report this information to the Office of Planning, the Zoning Administrator, ANC-2E, the Alliance for Local Living, and other interested community organizations that request the information.
Number 11. The applicant shall report a violation of the code of conduct to the parents or guardians of the violator to the extent permitted by law.
Number 12. The applicant shall avoid scheduling events that attract visitors to the campus during the peak traffic times of 7:00 a.m. to 9:00 a.m., and 4:00 p.m. to 7:00 p.m.
The applicant shall employ campus personnel as necessary to direct visitors to campus parking areas, and to ensure a smooth flow of traffic into and out of the campus.
(a) All weekday and evening performances at the Performing Arts Center expected to draw more than 100 visitors shall begin no earlier than 7:00 p.m.
(b) Athletic events at Harbin Field expected to draw over 100 visitors shall begin before 4:00 p.m. or after 7:00 p.m.
Number 13. The Performing Arts Center, Harbin Field, and McDonough Arena, shall be used for purposes related to the university or the community, and not for events whose primary purpose is revenue generation.
Number 14. The helipad shall be used only for medically necessary purposes, and the applicant shall provide periodic reports regarding the helipad, including credible evidence of medical necessity associated with its use to ANC-2A, [stet] the Alliance for Local Living, and other community organizations that request the information.
Number 15. The applicant shall maintain an accurate record of license plate numbers of cars kept by students. The applicant shall direct the students to register their cars in the District of Columbia or obtain a reciprocity sticker, and shall consult with the D.C. Department of Motor Vehicles to determine whether such registration is completed, or such stickers are obtained.
The applicant shall withhold parking privileges to students who do not comply with the D.C. registration or reciprocity requirements. Failure to register student cars in the District or obtain reciprocity stickers, shall constitute a violation of the code of student conduct.
Number 16. The applicant shall maintain the parking cap of 4,080 off-street parking spaces within the campus boundary as adopted in the 1990 campus plan to avoid encouraging additional cars on campus.
Number 17. The applicant shall enhance its transportation management program.
(a) to promote greater transit usage, including increased ridership of the GUTS bus service.
(b) to provide additional parking in satellite locations linked to the campus by shuttle bus.
(c) to work with the community, Medstar, and the Department of Public Works as part of a cooperative team effort to look at mitigation strategies for Reservoir Road.
Number 18. The applicant shall include in all future applications for further processing of the campus plan the following information.
(a) Actual enrollment of traditional undergrad students as of 30 days prior to the hearing date, including documentation and an explanation of the methods and assumptions used in the calculation.
(b) A progress report on the implementation and operation of the off-campus student affairs program, including information on the number of complaints received concerning student misconduct, reported violations and outcomes, including what sanctions were imposed, and fines paid, if any.
(c) The number of off-street parking spaces within campus boundaries as of 30 days prior to the hearing date, including documentation, and an explanation of the methods and assumptions used in the calculation.
And (d), a status report on the transportation management program. And it ends with if you have any questions about this matter, please call.
CHAIRPERSON REID: All right. Board Members, in regard to any of these 18 conditions, are there any others that you feel should be included herein? Ms. Nagelhout, did you also include here those that were proffered to us by the ANC?
MS. NAGELHOUT: I read all the—everything that was filed in the case, and incorporated the final positions that I found of the ANC.
CHAIRPERSON REID: Okay. So that was incorporated herein?
MS. NAGELHOUT: Yes.
CHAIRPERSON REID: All right. Board Members, are there items that you want further discussion on, and if so, please so indicate and we wi 11 do so.
BOARD MEMBER RENSHAW: Number 1, Number 2, and Madam Chair, did you get the appropriate answer to your question about fines and penalties as they relate to various conditions?
CHAIRPERSON REID: Ms. Pruitt was looking for it for me.
MS. PRUITT: Both myself and the applicant can't find it now, but we do know that it is in here.
We can leave the record open for that, but I believe it is under the Code of Conduct.
CHAIRPERSON REID: Well, doesn't the applicant know? Could she not just briefly tell you what they are? Such as the first violation, what, and the second violation, and third violation, and at what point are we talking about dismissal, or—
MS. PRUITT: About the monetary amount?
CHAIRPERSON REID: Yes. Remember that dismissal was the last thing that was supposed to be shown there.
MS. PRUITT: Right. They have information on those four.
(Brief Pause.)
MS. PRUITT: Excuse me, Ms. Reid, but we weren't able to ascertain all of it right off, but we do know that there is a $30 fine for trash violations, for a violation of any trash conduct that is put forward.
CHAIRPERSON REID: Well, it's not—it was not delineated by the actual violation. It was per violation, I think, that we talked about, such as first violation, a scale of the violations.
MS. PRUITT: Right.
CHAIRPERSON REID: But with regard to what it was, if it was noise, drunkenness, trash.
MS. PRUITT: Exactly. I would just indicate that a noise violation, a house that has a noise violation, for the first offense, it would be $150.
CHAIRPERSON REID: No, no. That becomes too convoluted, no matter what the violation is.
MS. PRUITT: It is not broken down that way then. There are different monetary amounts for different violations. It is not that simple. But you did also ask about dismissal, and that is in there, where a student can be dismissed for repeated violations, or if the violation is very serious in nature. So it is discretionary.
I mean, if the person has 50 small violations, but they have one major one, they can be dismissed. So it is not necessarily a number, but the magnitude.
CHAIRPERSON REID: I can understand that. Certainly that makes a lot of sense.
MS. PRUITT: And as I said—
CHAIRPERSON REID: But nonetheless, before the order is issued, we—
MS. PRUITT: Yes, we can go back through the file, and of course you get to review the draft order.
CHAIRPERSON REID: Exactly. But we wanted to see some teeth here, and simply to say that you will be fined, you know, that doesn't really mean a lot unless they know what they are looking at as far as fines are concerned. And I think that it included the notification of parents at some point.
MS. PRUITT: Yes.
CHAIRPERSON REID: And also by the way, we asked for copies of the letter that was—
MS. PRUITT: The contract?
CHAIRPERSON REID: Yes. In other words—
MS. PRUITT: I believe that was submitted.
CHAIRPERSON REID: Okay. Then can you pull it out. It was something about—we wanted to make sure that there was parental involvement if in fact their child was misbehaving or causing some problems, and that the parents would be involved at a point.
I mean, I am not specifying what that point is, but whatever the letter is that would so indicate a procedure, an automatic procedure, that if this happens that this is the letter that would go out to the parents, and for them to be notified as to what the violation was, and what the penalty was, and so forth and so on.
MS. PRUITT: They have a section here that parents have been notified of changes to—
CHAIRPERSON REID: What section is that?
MS. PRUITT: It is page 7 of this long document, which is sort of an executive summary.
CHAIRPERSON REID: All right.
MS. PRUITT: Do you have that?
CHAIRPERSON REID: Yes. Page 7?
MS. PRUITT: Yes.
CHAIRPERSON REID: Which one?
MS. PRUITT: It is the middle section.
CHAIRPERSON REID: Yes, we saw this. That is what stimulated my question as to how, or what is the notification. We asked for a draft.
MS. PRUITT: So you want to know how they are going to notify, either through a letter, or whatever, and you would like to see a draft of that? I am not sure.
CHAIRPERSON REID: Well, it says notification to parents occurs that is permissible by law. And I don't know what the heck that means.
MS. PRUITT: Well, that's one of the things that I believe corporation counsel is talking about.
MS. SANSONE: Ms. Reid, there are Federal Privacy Laws, and also Department of Education regulations that I am not very familiar with. But they can't just disclose everything about a student, even to the parents. There is some ability to disclose drug or alcohol use by students under the age of 21.
But any student who gets a noise violation or something like that, that information cannot necessarily be relayed to the parents if a student is over 18, or actually any student, I think, at the university.
That is something the school knows much better than I do, and they have a policy on that already that takes into account the student's privacy rights.
CHAIRPERSON REID: Well, that's interesting. I was not aware of that, I guess. So it says to the extent permissible by law, and I guess there are categories that they cannot be notified?
MS. PRUITT: And I would defer to Mary on this. These are legal interpretations of Federal Law that I am not really that versed on. But I believe like a drinking violation, if the drinking age is 21, or is it 18 or 21?
MS. SANSONE: From what I understand, drinking for students under 21, and drug use for all students. I mean, drug use is illegal. Those types of illegalities can be reported.
CHAIRPERSON REID: Can be reported?
MS. SANSONE: Yes.
CHAIRPERSON REID: So you are referring to issues that—
MS. PRUITT: Like a noise violation and the person is over 18.
CHAIRPERSON REID: So a misdemeanor can be? So like public drunkenness or drug use and things like that?
MS. PRUITT: Yes, can be reported.
CHAIRPERSON REID: But then what cannot?
MS. PRUITT: A noise violation. If you are an 18 year old and living in the community, and you had a noise violation, the police would not automatically call your patents because you are a legal adult.
CHAIRPERSON REID: And even if it was something that was recurring?
MS. PRUITT: And that's why the Federal statute privacy issues would come in, and I am actually as I said not versed in that.
CHAIRPERSON REID: If a person conducted themselves in such a way so as to be a nuisance to the community, I can understand one time. But if it was something that was a reoccurring situation, the parents can't get involved in that?
MS. PRUITT: I can't answer that because I don't know the law.
VICE CHAIRPERSON SOCKWELL: Madam Chair, it might be an issue regarding who is responsible for the students tuition. A student could be self-reliant, and therefore there would not be any particular impact.
CHAIRPERSON REID: Right. Absolutely. I think I am speaking more of the students who are not independent, and obviously students who are independent are on their own, for whatever reason. Let me explain to you where I am going with this.
VICE CHAIRPERSON SOCKWELL: Oh, I know where you are going.
CHAIRPERSON REID: You do?
VICE CHAIRPERSON SOCKWELL: Yes.
CHAIRPERSON REID: Okay. Tell me.
VICE CHAIRPERSON SOCKWELL: I think what you are trying to do is to put a—you want the impact of their actions to go back to responsible family members who might have influence on the student's behavior.
CHAIRPERSON REID: Right. Especially if they are paying the tuition, and they are not aware of the fact that their child might be coming to college for the first time, 18 or 19 years old, and acting in ways that are not becoming to a person of their—you know, in other words, unacceptable behavior.
VICE CHAIRPERSON SOCKWELL: Yes, and I think where we may be falling into a deep hole is that as an adult, by law, a student would not necessarily be considered a dependent under the statutes which would govern now they might be treated, or whether their parents might be notified.
And under the circumstances, it might be prudent to put in something that the responsible parties or parents be notified if the student is—I mean, there is no way of knowing if a student is paying his own tuition, or whether he is on his own, and what not.
In most cases the students are being funded by some source, even if they are on scholarship.
CHAIRPERSON REID: Exactly.
VICE CHAIRPERSON SOCKWELL: And even the scholarship issuing organization might take issue with behavior that is considered aberrant or unacceptable. And how one puts that into some context where a reporting mechanism then becomes valid across the broad spectrum of student types is something that the university might have to do, but I am not sure that we can get there.
CHAIRPERSON REID: I think what we are looking for is a stick, so that if anybody or the entity responsible for the tuition, should it be parents or a scholarship entity, if students are made aware of the fact that they may jeopardize their scholarship or their funding if they are acting in a manner that is considered to be a nuisance, or considered to be an aberration, and deemed to be improper in society clearly.
And we are not talking about choir boys. We are talking about not reeking havoc on your community.
VICE CHAIRPERSON SOCKWELL: But I think that perhaps in this situation, because we are more traditionally—we are dealing with young adults rather than old children, we may have to fall back on the disciplinary committee issue, or the disciplinary committee responsibility, as opposed to the parental issue.
That where students are under the age of statutory adulthood, that parents or guardians would be contacted. Otherwise, the disciplinary committee and a student's permit record of such activity would be maintained at the university. And that is probably the only thing that we can look forward to.
CHAIRPERSON REID: Yes, but it appears to me that what the mechanism they are putting in place now, and additional staff people that they have hired to, I guess, address these issues, then I am sure that they would have a record.
And this is not to rule out the financial aid that any students receive, and so many violations would then perhaps somehow jeopardize the financial aid.
I mean, there are different ways that you can have some influence on the manner in which a student conducts themselves in the community, or to dissuade them from acting in a way that would require some concern for the neighborhood or the community.
VICE CHAIRPERSON SOCKWELL: I think the extent permitted by law is really a catchall phrase that perhaps allows—
CHAIRPERSON REID: No, I don't think that covers enough.
VICE CHAIRPERSON SOCKWELL: Well, the point is that it can't specify classes of individuals, and I think that is what you are trying to get to. The student population as a class of individuals is different from adult versus non-adult classes of individuals.
And the law would allow or perhaps require certain reporting at a certain point. And there again, I can give you some example; that the person paying the student's tuition might be notified as a matter of course, or a parent might be notified as a matter of course.
Because that would be the person, or those would be the persons that the student puts down on some form as persons to contact in the event of certain emergencies, and certain circumstances taking place.
CHAIRPERSON REID: Or how they are being financed, and the school would or should know that.
VICE CHAIRPERSON SOCKWELL: Yes, or whatever, and so the student would be aware that the person to be notified in the case of an emergency gould be notified in case of this kind of activity as ,qell.
MS. PRUITT: Well, they actually have if you look on page 5 under their new code of conduct, under disciplinary probation, it says that their parents will be notified, which is by phone, and then a conference is set up between the parents and the Office of the Associate Dean. So a phone call and then a meeting with the university.
VICE CHAIRPERSON SOCKWELL: Yes, and it should be parents or guardians.
MS. PRUITT: And I think that is the university's way of trying to—
CHAIRPERSON REID: Also, I think to put into the code of conduct as well something regarding something about repeated violations, or at a certain point the student could jeopardize their source of financing, be it by scholarship or financial aid.
VICE CHAIRPERSON SOCKWELL: Chronic offenders?
CHAIRPERSON REID: Chronic offenders, or something of that nature. And I don't know if it is permissible. I am just saying that perhaps that this might be another way of controlling the behavior of repeat offenders.
MS. SANSONE: Mrs. Reid.
CHAIRPERSON REID: Yes.
MS. SANSONE: The Federal Privacy Rights from my very limited understanding does not—you have certain privacy rights, and your educational records are private, regardless of how you behave, and they cannot be disclosed without the student's consent.
But in a thing like scholarships, when I was in school, and I had a scholarship, I had to reapply every year. And you have to show your transcript. You disclose your educational records in an attempt to get or keep a scholarship.
That disclosure in educational—I mean, the code of conduct stuff would be recorded as part of your educational records.
CHAIRPERSON REID: Oh, I see. It would be done inadvertently?
MS. SARSONE: You would be disclosing that as part of your record, and what the student chooses to disclose is a separate issue from what the school is legally allowed to tell about a student.
VICE CHAIRPERSON SOCKWELL: But a student would never disclose a conduct issue if the funding agency organization is looking for transcripts.
MS. SANSONE: But that would be a part of your transcript.
CHAIRPERSON REID: But that would be a part of the transcript?
MS. SANSONE: If it is, if it is part of your educational record, and you choose to disclose it, but that is a separate issue.
VICE CHAIRPERSON SOCKWELL: Let me just say this. If one submitted transcripts for a job, the transcript would not come from the university with anything on it but courses and grades.
It would not be expected to come with any psychological testing or any other issues that had nothing to do with academic standing.
MS. SARSONE: If you got suspended or expelled, that certainly would be indicated on your transcript.
VICE CHAIRPERSON SOCKWELL: Yes, but that would still probably stop at the termination point, where it says the student ceased to be enrolled, or may have been terminated, or whatever. I am not sure to what extent even that that a university would want to disclose, because they are liable for the same things that businesses are liable for.
CHAIRPERSON REID: Well, what would happen would be is that he student would have to sign a disclosure allowing the information to be disclosed in order to be in compliance with the Federal law; is that not correct?
MS. SANSONE: We are talking about the school's compliance with Federal laws, and—
CHAIRPERSON REID: I am saying that except for—well, I'm saying that if I were enrolled, and I wanted to have my records sent, I would have to have a disclosure in which I would agree to have this disclosed.
MS. SANSONE: The student can choose to disclose anything the students wants. It is the student's records. The student—you know, if the employer asks have you ever appeared before a conduct board and the answer is yes, you have to say yes. But the school is not doing the disclosure. The student is.
CHAIRPERSON REID: Well, I know that this is getting more convoluted than what we wanted it to, but I think that they get the gist of what we are trying to attempt to do, which is to further ensure that the behavior has some other types of constraints, which by virtue of its existence will dissuade students from acting in an. improper manner.
Okay. Now, where were we? Oh, I know. It was determined which one needed to be discussed, and that was the one that I had, and as long as I can get the information prior to the order going out, I will be satisfied. Were there any ones that you had?
VICE CHAIRPERSON SOCKWELL: Madam Chair could we put into the conditions that off-campus student housing, where more than one citation is issued per semester, would be posted? Not the names of the students, but the addresses of the off-campus housing would be posted as public notice of repeat violations on campus?
CHAIRPERSON REID: Are you asking me?
VICE CHAIRPERSON SOCKWELL: Yes, because it would be—
CHAIRPERSON REID: I don't know.
VICE CHAIRPERSON SOCKWELL: You want the students to be responsible, and you publish the addresses of off-campus housing that has been cited, and then the students can work towards policing themselves.
CHAIRPERSON REID: Well, I have no objections to that, and that could also be utilized in the context of having peer pressure among their fellow students.
VICE CHAIRPERSON SOCKWELL: Exactly. That's exactly what I was talking about.
CHAIRPERSON REID: And that it is known that they had a problem and it is reflecting on the entire school, and as such, perhaps with the tribunal that they are going to establish with the student—what is it?
VICE CHAIRPERSON SOCKWELL: That it will be posted on campus and published in the student newspaper.
CHAIRPERSON REID: Yes, perhaps that would also go to dissuade the improper behavior.
VICE CHAIRPERSON SOCKWELL: Exactly.
CHAIRPERSON REID: And what we are speaking of at this point are things that are more pro active so that it happens before there is a problem, and based on the fact that there are these perimeters, if you will, that they will be operating within, and they know how to conduct themselves, because they know that if they do not, then there are certain consequences that they will have to contend with.
MS. PRUITT: And we can also do some research to find out how the privacy act would impact that, because that is off campus.
CHAIRPERSON REID: Okay. Further discussion?
BOARD MEMBER RENSHAW: Yes, Madam Chair.
I had listed some of the conditions that I would just like to make a comment about on 1 and 2.
CHAIRPERSON REID: Let's start with one.
BOARD MEMBER RENSHAW: All right. As far as number one, it has to do with the applicant's proposed campus plan is approved for a term of 10 years, and I would like to propose a reconsideration based on the extensive public criticism by the Board of Georgetown University's handling of the off-campus student behavior.
Plus the substantial organized neighborhood opposition to a 10 year plan, and I want to make the comment that Georgetown University has made overtures to remedy numerous off-campus student problems.
However, until the university documents concrete results, the BZA should reduce the campus term limit to eight years, the period actually proposed by the university back in August. In advancing a eight year time frame, the university acknowledged that its—and I use Mr. Sockwell's term—economic engine, would not be unduly compromised. CHAIRPERSON REID: Is that a motion?
BOARD MEMBER RENSHAW: I am moving that the BZA reconsider its vote of a 10 year campus plan. That seems overly generous given the disapproval of Georgetown University voiced by the members of the board, and urge a term of 8 years instead.
CHAIRPERSON REID: Okay. Is there a second?
(No audible response.)
CHAIRPERSON REID: Okay. The motion fails for lack of a second.
VICE CHAIRPERSON SOCKWELL: I will second the motion to give to an opportunity for discussion.
CHAIRPERSON REID: Mrs. Renshaw has already objected, and Mr. Sockwell, do you have some discussion, further discussion?
VICE CHAIRPERSON SOCKWELL: Ms. Renshaw, would you give a briefly more detailed—
CHAIRPERSON REID: Mr. Sockwell, it is not in the best interests of this board to elongate a case just sheerly for the purpose of discussion. Mrs. Renshaw has already given her position, and now you have seconded.
VICE CHAIRPERSON SOCKWELL: All right.
CHAIRPERSON REID: Now, can we move on, please.
VICE CHAIRPERSON SOCKWELL: If you do not wish to have the motion discussed, then we can move for a vote, Madam Chair. Thank you.
CHAIRPERSON REID: All in favor?
BOARD MEMBER RENSHAW: Aye.
CHAIRPERSON REID: Opposed?
(A chorus of ayes.)
CHAIRPERSON REID: All right. The second one—I'm sorry, but which one is the next one that you had?
BOARD MEMBER RENSHAW: Number 2. I wanted to clarify whether or not the cap of 5,627 included the vacancies—I understand them to be 111—under the 1990 cap. Is that inclusive of those vacancies or exclusive?
MS. PRUITT: Can you repeat that, please?
BOARD MEMBER RENSHAW: The number two states that the applicant shall not increase undergraduate enrollment above the cap of 5,627 students, adopted by the board as part of the 1990 campus plan until the southwest quadrangle project is completed and occupied.
I would like to know if the cap includes the vacancies, or excludes the vacancies.
MS. PRUITT: Yes, it does. It does include the 111.
BOARD MEMBER RENSHAW: All right.
CHAIRPERSON REID: Also in that one, I failed to note that it was supposed to also stipulate that the enrollment increase of 39 students per year for a 10 year period, with the agreement by the university to delay the phasing in of these students until after the southwest quad is in place.
And that is what had been agreed upon by the ANC, to have that wording put in this condition, and so we need to make sure that is included. Now, Mrs. Renshaw, does that answer your question?
BOARD MEMBER RENSHAW: Yes.
CHAIRPERSON REID: All right. The next one.
BOARD MEMBER RENSHAW: Number 7 on page 4. The applicant shall maintain a telephone hot line to receive complaints regarding student misconduct. The hotline shall be staffed 24 hours per day by the university personnel who will be responsive to each complaint received.
Just to insert that it is 24 hours a day, seven days per week, and it is on a 24/7 basis. That is consistent with what Mr. Franklin suggested.
CHAIRPERSON REID: Oh, I see. You want to make sure that it is seven days a week.
BOARD MEMBER RENSHAW: Seven days a week, and that it be understood that there be no recordings.
CHAIRPERSON REID: All right.
BOARD MEMBER RENSHAW: All right.
CHAIRPERSON REID: No—oh, oh, I see. And it says by university personnel.
BOARD MEMBER RENSHAW: Yes. Well, the university personnel could turn on a recording, but the emphasis here should be the fact that there is a live body on staff 24—7.
CHAIRPERSON REID: Okay. Why don't we add then live university personnel?
BOARD MEMBER RENSHAW: Very live.
CHAIRPERSON REID: Okay. Next.
BOARD MEMBER RENSHAW: Number 10. I was curious. This one has to do with the applicant shall make publicly available data indicating the numbers and types of complaints received. And the question is when and to whom.
We have got to report the information to the Office of Planning, Zoning Administrator, 2-E. So that takes care of to whom. But what is the time frame that we are asking them to make this information publicly available? Is it on a quarterly basis, or on a monthly basis?
CHAIRPERSON REID: I think that goes to the issue that was raised by Mr. Sockwell, and he was saying making it public, and he was saying to add it in, and I guess we kind of didn't pick up that as being reflected in this particular condition.
MS. PRUITT: Well, the board has a choice. It can make it quarterly or—
CHAIRPERSON REID: No, no, no. I was just saying that Mr. Sockwell had said earlier to add another condition, but I think the condition that he was speaking of can be herein.
VICE CHAIRPERSON SOCKWELL: It can be added to this. This is not exactly what I had in mind.
MS. PRUITT: But with Ms. Renshaw's issue, my understanding is that it is different.
CHAIRPERSON REID: Yes, it is. I was just making a point that that goes also to the one that he had raised, that perhaps it could be contained within this one if it is amended.
VICE CHAIRPERSON SOCKWELL: Yes, making public and publishing are two different things. Making public would just require them to have such information available at an office. Publishing it would make it a public display for all to see.
CHAIRPERSON REID: Well, with the available data, are you saying through publishing where?
VICE CHAIRPERSON SOCKWELL: Publishing by posting on campus, and publishing in the newspaper the address.
CHAIRPERSON REID: The campus newspaper?
VICE CHAIRPERSON SOCKWELL: The campus newspaper, yes, the student newspaper, the addresses of all—and I would want to make that group houses, where more than one complaint is received in any given semester, and that such publication should be immediate.
BOARD MEMBER RENSHAW: And that is the same for the student misconduct?
CHAIRPERSON REID: Well, in that instance, Ms. Renshaw, would that not be whenever the student newspaper comes out?
VICE CHAIRPERSON SOCKWELL: Yes.
BOARD MEMBER RENSHAW: I think that is a good idea.
CHAIRPERSON REID: And how often does the student newspaper come out?
VICE CHAIRPERSON SOCKWELL: Probably monthly.
BOARD MEMBER RENSHAW: Weekly.
VICE CHAIRPERSON SOCKWELL: Biweekly or something. I don't know.
CHAIRPERSON REID: If you could get the answer, please, Ms. Pruitt.
MS. PRUITT: Twice a week.
BOARD MEMBER RENSHAW: Very good.
CHAIRPERSON REID: Okay.
BOARD MEMBER RENSHAW: That's it.
(Discussion off the record.)
VICE CHAIRPERSON SOCKWELL: And there is nothing that would keep the university from publishing if it is a twice weekly publication, there is no schedule on this earth—
BOARD MEMBER RENSHAW: It is a student paper.
VICE CHAIRPERSON SOCKWELL: Well, it is a student issue. The student newspaper or student association I would assume—
MS. PRUITT: It is not a part of the university.
VICE CHAIRPERSON SOCKWELL: Well, the student association—
MS. PRUITT: It is not to be part of the university. It is independent of the university.
CHAIRPERSON REID: The newspaper is?
MS. PRUITT: Yes.
VICE CHAIRPERSON SOCKWELL: The university could request that the student newspaper publish it. There is no way the university can say that it can't be done. If they don't ask, they don't find out.
CHAIRPERSON REID: Mr. Sockwell, they didn't say that it couldn't be done.
VICE CHAIRPERSON SOCKWELL: Yes, they did. They specifically said in conversation that was not part of the record.
CHAIRPERSON REID: All right. Thank you. Now we have that, and that also takes care of your concerns about the when.
BOARD MEMBER RENSHAW: Right.
CHAIRPERSON REID: And do you have another one?
BOARD MEMBER RENSHAW: Yes, number 14. The helipad shall be used only for medical necessary purposes. The applicant shall provide periodic reports. What are periodic reports? Quarterly? Monthly? How about monthly, because it has been said about what, 12 a week?
MS. PRUITT: A month.
BOARD MEMBER RENSHAW: So 12 a month.
VICE CHAIRPERSON SOCKWELL: Madam Chair, I believe monthly would be reasonable.
CHAIRPERSON REID: Monthly?
BOARD MEMBER RENSHAW: Monthly.
CHAIRPERSON REID: I have no problem with that.
BOARD MEMBER RENSHAW: Okay. And Number 15, where the applicant shall maintain an accurate record of the license plate numbers of cars kept by students. Who keeps this information? Who reviews it? It is not clear.
CHAIRPERSON REID: Well, I mean, as long as they do it, we don't have to go into who has the responsibility for it. It is whoever they assign.
BOARD MEMBER RENSHAW: Well, I think it should be a little bit more specific than that when it comes to the auto—
CHAIRPERSON REID: The registrar? You mean the Office of the Registrar? How about that? The applicant shall maintain through the Registrar's Office.
BOARD MEMBER RENSHAW: Yes.
CHAIRPERSON REID: Okay. The next one?
BOARD MEMBER RENSHAW: Number 16. The applicant shall maintain a parking cap of 4,080 off street parking spaces within the campus boundary as adopted in the 1990 campus plan to avoid encouraging additional cars on campus.
But here is the issue that we are trying to discourage, an abundance of cars in the neighborhood, and so therein lies the problem. If you have got the cap of 4,080 off-street parking spaces within the campus, that's going to throw additional cars into the community.
MS. PRUITT: Ms. Renshaw, I don't know if condition number 17 helps address some of that, in the sense that the transportation management program promotes greater transit. So there are alternative means of getting—
BOARD MEMBER RENSHAW: It doesn't—
CHAIRPERSON REID: Well, what hours would you want?
BOARD MEMBER RENSHAW: Well, I am wantin the BZA to recognize the fact that by insisting through this condition of maintaining the parking cap on campus, additional cars may go—have to be parked on neighborhood streets.
Now, they are going to be—that campus cap is at 5,627, including the 111 vacancies. I don't know whether additional undergraduate students are going to be living off-campus, and therefore there will be more cars in the neighborhood streets or in the back alleys.
VICE CHAIRPERSON SOCKWELL: I would change, Madam Chair, the statement to state that the applicant shall at no time provide less than the parking cap.
BOARD MEMBER RENSHAW: Okay.
CHAIRPERSON REID: Okay.
VICE CHAIRPERSON SOCKWELL: That way it would encourage the university to provide more than the 4,080 should they find space, even temporarily, to do so.
BOARD MEMBER RENSHAW: And by the applicant through the Office of Registrar, maintaining a record of these license plate numbers, the university will have a better feel as to how many cars are going to be on campus, or—
VICE CHAIRPERSON SOCKWELL: And the last three words in that I would change, and the word "on" to "off" there, so that the thing would now read that the applicant shall at no time provide less than the parking cap of 4,080 off-street parking spaces within the campus boundary as adopted, da, da, da, to avoid encouraging additional cars off-campus.
BOARD MEMBER RENSHAW: Good.
CHAIRPERSON REID: Okay.
BOARD MEMBER RENSHAW: And that completes the comments that I have.
CHAIRPERSON REID: All right. Then can I have a motion to approve the conditions, with the amendments as we have stipulated in our proceedings? Ms. Pruitt, do you have them all?
MS. PRUITT: No, I was being distracted. I was looking through here, because I was not here in the beginning. Did you address the issue concerning the request for additional students, the 389?
CHAIRPERSON REID: Which one was that?
MS. PRUITT: I don't see it here, and that's why I am trying to—well, the 5,627 was the listed cap for '90.
CHAIRPERSON REID: Number 2?
MS. PRUITT: Number 2 deals with the existing cap, and I don't see quickly here—
MS. NAGELHOUT: Look at Number 3.
MS. PRUITT: Okay. As you recall, the last time when we met after you got the tenure, we had sort of three alternatives in reference to the cap that you were looking at. One was proposed by Mr. Franklin that after five years the university comes back and then the board will determine if they will increase the population.
There was another one that stated that after five years the board would—I mean, the university could increase their population, and that increase could go up to 389.
CHAIRPERSON REID: Wait a minute. Are you referring to the undergraduate enrollment cap?
MS. PRUITT: Yes, that they are proposing the additional. The existing is 562, or 5627.
CHAIRPERSON REID: It says or we included that the enrollment increase be 39 students per year or a 10 year period, with agreement by the university to delay the phasing in of these students until after the southwest quad is in place.
MS. PRUITT: I don't see that in the conditions here.
CHAIRPERSON REID: Well, that's what we—well, maybe you weren't here, but—
MS. PRUITT: That's what I was trying to double-check.
CHAIRPERSON REID: Well, that is what we had just gone over and included, and—
MS. PRUITT: And that's all that I wanted to verify.
CHAIRPERSON REID:—lift it from what the ANC had supported.
MS. PRUITT: Right. Okay. I just wanted to double-check it.
VICE CHAIRPERSON SOCKWELL: As long as the board is bound into the process of approval, it should not be a problem. And in number 3, the second word is board, and that's us, and that's when, and that will be then.
CHAIRPERSON REID: Okay. So now the other amendments that we went through, especially the ones that had been raised by Ms. Renshaw, and we had agreed to those changes, have been amended now as part of the conditions, and we can now vote on the conditions as amended. So can I have a motion to that?
VICE CHAIRPERSON SOCKWELL: I move that we accept and approve the conditions as amended by this board today.
BOARD MEMBER MOULDEN: I second.
CHAIRPERSON REID: All right. All in favor?
(A chorus of ayes.)
CHAIRPERSON REID: Opposed?
(No audible response.)
MR. HART: The staff will record the vote as four to zero to approve the conditions as amended, on a motion seconded by Mr. Sockwell and seconded by Mr. Moulden.
CHAIRPERSON REID: And that would then conclude this morning's session. Again, I would like to commend the staff for its fine work it has been doing, and particularly in regard to the internet access and the utilization of the office to make the zoning records and the zoning data more accessible to more people, the website.
And all the kudos to the director and her staff who spearheaded that, and again I would like to commend our great staff on all the work that they have done in making sure that this phenomenal work load is facilitated as well as it could be done under the circumstances. So thank you very much.
MR. HART: Madam Chair, before you go off, just a real quick thing here and to go back to the minutes. Mr. Hood called in, and at this point it is November 28th, Mr. Sockwell, Mr. Moulden, and Mr. Hood. And he has sent in his proxy agreeing to approve the minutes.
CHAIRPERSON REID: All right. Okay. All in favor?
(A chorus of ayes.)
CHAIRPERSON REID: And I wasn't here.
Opposed?
(No audible response.)
CHAIRPERSON REID: Okay.
MR. HART: Thank you.
CHAIRPERSON REID: Obviously the morning session went over, and so we will be back at approximately 1:30 or 1:35. Thank you very much. This meeting is concluded.
(Whereupon, the hearing was concluded at 1:10 p.m.)
