Advisory
Neighborhood Commission 6D
Business Meeting
St. Augustine’s Episcopal Church
December 14, 2009
Andy Litsky, Chairman
December Minutes
As Approved
by ANC 6D, January 11, 2010
Commissioner Litsky called the meeting to order
at 7:02.
Present: Commissioners Hamilton, Jorgensen, Litsky, McBee, Moffatt, Siegel,
Sobelsohn.
1. Agenda.
Commissioner Sobelsohn moved/Commissioner Moffatt seconded to approve the
agenda as proposed. Without objection, and at the motion of the following
commissioners, the motion to approve the agenda was amended as follows:
a. Commissioner Litsky: create the category
“Old Business,” to come before “New Business” and to include the proposed
Safeway Voluntary Agreement.
b. Commissioner Sobelsohn: add, to the
category “Old Business,” reports on the Randall Junior High School project and
on the Old Friendship Baptist Church.
Commissioner Sobelsohn moved to amend the agenda to delete “Start Times” &
“Allocated Times,” which have the meeting ending at 9:35. The motion
failed for want of a second. The motion to approve the agenda, as
amended, passed 7-0.
2. November Minutes.
Commissioner Sobelsohn moved/Commissioner McBee seconded to approve the
proposed November 9, 2009 minutes. The motion passed 5-0.
Commissioners Hamilton and Moffatt abstained.
3. Alcoholic-Beverage Licensing.
a. Safeway.
Safeway has applied for a class B liquor license, permitting it to sell beer
and wine at its new location in the Waterfront Station project. With Safeway
representatives, and acting on behalf of the ANC, Commissioner McBee and ANC 6D
Alcohol Beverage Control (ABC) Committee chair Coralie Farlee have negotiated a
voluntary agreement, committing the ANC to support Safeway’s license
application. Commissioner McBee moved/Commissioner Jorgensen seconded to
support Safeway’s class B liquor-license application, in exchange for Safeway’s
execution of that voluntary agreement, a copy of which is attached to these
minutes. The motion passed 6-1, with Commissioner Sobelsohn opposed.
b. Single-Sale Exceptions.
Farlee reported that the ANC 6D ABC Committee, after considering changes to
voluntary agreements with three liquor licenses in ANC 6D, has unanimously
recommended that the ANC support these licensees’ continued exceptions from the
Ward Six ban on sales of single containers of alcohol.
4. Public-Space Permit.
In fall 2007, the DC Department of Transportation (DDOT) Public Space Committee
granted Potbelly Sandwich Works permission to set tables and chairs on the
sidewalk in front of 409 3d St., SW. In exchange for Potbelly’s promises
under a benefits agreement, the ANC supported that permit.
Under its 2007 agreement, Potbelly promises 150 free-sandwich coupons each year
to a designated ANC 6D recipient. Commissioner Sobelsohn
moved/Commissioner Siegel seconded to designate, for 2009, 100 coupons to go to
the Amidon-Bowen Elementary School Parents Teachers Association (PTA), and 50
coupons to go to the Jefferson Middle School PTA. The motion passed 6-0.
Commissioner Litsky abstained. Commissioner Sobelsohn
moved/Commissioner McBee seconded to make the same designation for 2010 (100
coupons to the Amidon-Bowen PTA, 50 coupons to the Jefferson PTA), unless by
its September 2010 meeting the ANC has made a different designation. The
motion passed 4-0. Commissioners Litsky, Moffatt, and Siegel abstained.
Under its 2007 permit, Potbelly can keep tables and chairs on the sidewalk each
year from April through October. Potbelly recently applied for permission
to keep its tables and chairs on the sidewalk year-round. Commissioner
Sobelsohn reported that negotiations have progressed but not concluded to
secure ANC support for that application. Commissioner Sobelsohn moved/
Commissioner Hamilton seconded to adopt a resolution, to send to the Public
Space Committee (PSC), advising the PSC to delay its final decision until after
January 11, 2010, and to grant the application in the interim limited to
December 2009 and January 2010. The motion passed 5-0. Commissioners
McBee and Moffatt did not vote.
5. Federal Law: the Hatch Act.
Under a Justice Department interpretation of the federal Hatch Act, ANC
commissioners cannot engage in partisan political activities.
Commissioner Sobelsohn moved/Commissioner Siegel seconded a resolution to
support overturning this interpretation and enactment of a local DC Hatch Act
that leaves ANC Commissioners free to engage in political activity to the same
extent as other elected DC officials. A copy of that resolution is attached
to these minutes. The motion passed 6-0. Commissioner Hamilton did
not vote.
6. Announcements, Presentations, and Reports.
a. Next Public ANC Meeting.
Commissioner Litsky announced that ANC 6D’s next business meeting will start 7
p.m. Monday, January 11, in the sanctuary of St. Augustine’s Episcopal Church,
600 M St., SW.
b. Zoning.
1)
Waterfronts: Travis Parker and Stephen Varga, both of the DC Office of
Planning (OP), presented plans for updating DC’s zoning code regarding city
waterfront areas. The new code would let waterfront developers keep the
“Waterfront” designation but also permit them to seek approval of Planned Unit
Developments. Changes would not directly affect the Southwest Waterfront.
2) Car
sharing: Parker, Varga, and Zipcar’s Ellice Perez presented plans to amend the
zoning code to permit building owners to rent spaces to car-sharing programs
such as Zipcar.
c. Flood-Control Map.
OP’s Anita Hairston, DC consultant Mary Wiedorfer, DDOT’s Jeffrey Seltzer, and
Phetmano Phannavong and Timothy Karikari, both of the DC Department of the
Environment, gave an update on the Federal Emergency Management Agency’s
proposed new Digital Flood Insurance Rate Map for Southwest Washington. This
new map’s adoption would place many ANC 6D homes in a Special Flood Hazard Area
(SFHA). Federal law requires most SFHA homeowners to purchase flood
insurance. But a new levee on 17th Street, NW, would reduce the flood
risk enough to keep ANC 6D homes out of an SFHA, and avoid the federal
requirement to buy flood insurance. Phannavong, Seltzer, and Wiedorfer
promised to send ANC 6D a list of ANC 6D addresses the proposed new map would
include in an SFHA. Commissioner Sobelsohn moved/Commissioner Hamilton seconded
for ANC 6D to send a letter to DC Congressional Delegate Eleanor Holmes Norton
expressing concern about the proposed flood map, the urgency of building the
17th Street levee, and ANC 6D support fo
r her efforts to delay the new map’s adoption to allow time to secure levee
funding. The motion passed 7-0.
d. Safeway Task Force.
Commissioner Sobelsohn reported on recent work of the ANC 6D Southwest Safeway
Task Force. Commissioner Sobelsohn moved/Commissioner Hamilton seconded
to name, to the task force, Southwest Neighborhood Assembly president Carolyn
Mitchell and ANC 6D resident Susan Henriques-Payne. The motion passed
6-0. Commissioner Siegel did not vote.
e. City Council update.
Naomi Mitchell, staff for Councilmember Tommy Wells (D-Ward Six), reported on
matters before the DC City Council.
f. Treasurer’s Report.
Commissioner McBee moved/Commissioner Moffatt seconded to accept the
treasurer’s report for December 2009, a copy of which is attached to these
minutes. The motion passed 6-0. Commissioner Siegel did not vote.
g. Chairman’s Report.
Commissioner Litsky reported his interchange with DC Delegate Norton about the
Southwest Post Office’s recent stamp shortage.
h. Community Concerns.
Lenwood Coleman spoke about upcoming youth-oriented events in ANC 6D and gave,
for more information, his telephone numbers (488-4301 (work) and 679-6500
(cell)).
7. Adjournment.
Commissioner Sobelsohn moved/Commissioner Litsky seconded to adjourn. The
motion passed 4-0. Commissioners Jorgensen, McBee, and Siegel did not
vote. The meeting adjourned at 9:50 p.m.
|
|
Advisory Neighborhood Commission 6D |
PO Box 71156 •
Washington, DC 20024-9998 ANC Office: 202 554-1795 n FAX: 202 554-1774 |
VOLUNTARY AGREEMENT
THIS VOLUNTARY
AGREEMENT (“Agreement”) is made on this 14th day of December 2009 by and
between Safeway, 1100 4th Street, S. W. (“Applicant”), and Advisory
Neighborhood Commission 6D (“Protestant”),
(collectively, the “Parties”).
W I T
N E S S E T H
WHEREAS, Applicant has applied
for a Retailer's Class B License for a full service grocery
store business establishment
(“Establishment”) that sells food and alcoholic beverages for consumption off
the premises. These premises are located
at 1100 4th Street, S. W., Washington, D.C.
(“Premises”);
WHEREAS, Protestant
is ANC6D which filed a timely protest (the “Protest”) against the
issuance of the Applicant’s license application pursuant to D.C. Official
Code § 601(4);
WHEREAS, the Parties
have agreed to enter into this Agreement and request that the Alcoholic
Beverage Control Board (“ABC Board”) approve the Applicant’s license application
conditioned upon the Applicant’s compliance with the terms of this written
Agreement; and
WHEREAS, the Parties
are desirous of entering into a Voluntary Agreement pursuant
to D.C. Official Code § 25-446 for the operation and maintenance
of alcoholic beverage sales in such a manner as to minimize
the effect on the peace, order and quiet of the neighborhood
and to eliminate the need for a Protest Hearing regarding
the license application.
NOW, THEREFORE, in consideration
of the recitals set forth above and the mutual covenants and conditions set
forth below, the Parties agree as follows:
1. Recitals Incorporated.
The recitals set forth above are incorporated herein by reference.
2. Nature of the Business.
a. The Applicant will manage and operate a full
service grocery store with an emphasis on food in which sale of alcoholic
beverages constitutes no more than 15 (fifteen) percent of the total volume of
the gross receipts on an annual basis.
The beer and wine department will be in an area of the Establishment
which will occupy approximately 2500 square feet of the total store square feet
of 54,769, or 4.5 percent of the total floor area of the Establishment.
b.
If the Establishment desires to have wine or beer tasting events, the
Establishment will notify the ANC at least 7 (seven) days in advance of the
proposed event.
c.
The Applicant shall not sell single containers of beer or single serving
containers of wine of 70 ounces or less.
The Applicant shall not sell the following malt beverages such as
“Country Club,” Colt 45,” and “Schlitz Malt Liquor.” In addition to domestic products, Applicant
agrees to sell premium and imported beers and wines.
d. In the event that the Protestant finds objectionable certain
beer and wine products that the Applicant sells, the Applicant will make itself
available to meet with the Protestant to discuss its concerns and the
possibility of withdrawing such items.
e. The Applicant will place warning signs indicating that “alcohol
can cause birth defects” and make available alcohol awareness and anti-drug
literature in the store.
f. The Applicant will not have signs visible from the outside
of the premises indicating that beer/wine is available for sale.
g. Any
change from this model shall be considered by the Parties to be a substantial
change in operation of great concern to residents and require prior approval by
the ABC Board.
3. Hours of Operation.
The Applicant’s current hours of operation are:
Sunday 5:00 a.m. to 12:00 midnight (m)
Monday through Saturday 5:00 a.m. to 12:00 m
Applicant may increase or decrease hours of store
operations at its discretion.
The Applicant’s hours for selling alcohol shall be as follows:
Sunday 9:00 a.m. to 10:00 p.m.,
and
Monday through Saturday 9:00 a.m.to 12 midnight or as
otherwise ordered by the ABC Board.
4.
Control of Sales.
a. Applicant will not sell alcoholic beverages to minors. Applicant shall program scanners to prompt cashiers to check the identification of all persons seeking to purchase alcoholic beverages who appear[s] to be 30 years of age or younger. Such persons must produce a valid identification document issued by an agency of local, state, or federal government. Such document must contain the name, date of birth, signature, and photograph of the bearer. Cashiers may request the customer to produce a second form of identification. Applicant shall post signs at each register advising patrons that two (2) forms of identification may be required for the purchase of alcoholic beverages. If a cashier is offered an identification document that he/she believes to be fake, fraudulent, or a misrepresentation of the holder’s true identity, cashier shall call the ABC manager on duty for a determination of its validity, and, if appropriate, contact applicable law enforcement personnel. Applicant is encouraged to evaluate the utilization of an ID card reader at the check-out location to ferret out false, forged, and fraudulent identification and take reasonable steps, as required by law, to prevent sales of beer or wine to minors.
b. In the self check-out area, Applicant shall ensure that all attempts to purchase beer or wine are supervised and checked by an ABC manager, cashier, or clerk, as well as by electronic monitoring of the purchase.
c. The Applicant shall program its checkout scanners to prompt its sales clerks to refuse a sale when a purchase of an alcoholic beverage is attempted outside the authorized hours of sale.
d. The Applicant agrees to have personnel who may be required to be in charge of the store at any given time participate in an ABC Board-approved course in alcoholic beverage sales within thirty (30) days of assuming the position. The on-duty store manager has ultimate responsibility for implementation of this Voluntary Agreement and ABRA laws and requirements. The Applicant shall not sell alcoholic beverage products at any time when a licensed ABC Manager is not on duty.
e. The Applicant agrees to establish and maintain an alcohol awareness training program (or to arrange for its employees to attend such a program administered by others) for all appropriate staff, including Store managers, other supervisory personnel, and cashiers.
f.
Applicant will not sell alcoholic beverages to any person who appears to be intoxicated.
5. Floors Utilized and Occupancy. The Applicant will operate its establishment on the first floor of the building.
6. Parking Arrangements. It is a concern of the Protestant
that the Applicant’s operation
of the Establishment does not create or exacerbate parking
problems within the ANC boundaries. An underground parking garage is available
for customers’ use.
7. Noise and Privacy. The Applicant will abide by the DC Noise
Control Act of 1977 and any subsequent amendments.
8. Public
Space and Trash. Applicant shall
keep the sidewalk (up to and including the curb), tree box(es), curb, and alley
clean and free of litter, bottles, and other debris in compliance with D.C.
Code and Municipal Regulations. Applicant
shall police these areas sufficiently to assure that refuse and other materials
are promptly removed. The Applicant
agrees to obtain a dumpster to be placed in the rear of the building. Applicant shall take reasonable steps to ensure that
the area immediately around the dumpster is kept clean at all times and the
dumpster is placed such that it does not encroach on the abutting property and
so that no garbage is placed on the abutting property. Further, Applicant agrees that it shall take
reasonable measures to ensure that other establishments at the site of the
former Waterside Mall are not negatively affected by litter from the Establishment.
9. Rats and Vermin Control. The Applicant shall provide rat and
vermin control at the Establishment.
Applicant shall provide proof of its rat and vermin control contract
upon the request of the Protestant.
Applicant shall take steps to ensure that its premises are cleaned on a
daily basis.
10. Security Cooperation in Stemming Sale of Alcoholic
Beverages, Availability of Illegal Drugs
and Public Drinking.
a. Protestant is concerned that the
type of business and large number and variety of patrons will pose security and
crime issues. Applicant will take
reasonable steps to minimize such problems, including, without limitation,
designating a sufficient number of employees, special police officers, or employees of a security contractor to
enhance security and to appropriately control patrons, whether inside or in the
immediate outside area; maintaining contact and cooperating with MPD and other
enforcement officials when known or suspected illegal drug activities occur.
b.
The areas of display of beer and wine will be monitored by human and/or
electronic surveillance at all times for control and security.
c. Applicant shall to the full extent
permissible by law discourage loitering in and around the Premises and shall post signs
to that effect. This shall include inside and outside cameras which record and
store activity for a 30-day period. Applicant will become familiar with the
Metropolitan Police Department’s “barring notice” process used for shoplifters,
disorderly people and/or intoxicated persons who need to be barred from the premises
for the next twelve months. Applicant
will work with its landlord and with the Commander of First District, MPD or a
designee to ensure that loiterers are barred from the area surrounding the
premises. This will include providing an
appropriate number of security officers, at all times when the Establishment is
open to the public, who shall be responsible for ensuring that any individuals
who are loitering are asked to move along.
Applicant agrees to post or provide the security firm
specific instructions regarding how to handle incidents such as disorderly
conduct, loitering, etc. Applicant will abide by current statutes for merchants
which outline specific actions for retailers.
d. Applicant will cooperate with MPD in the investigation of
criminal offenses within and immediately around the Establishment. The Applicant shall secure all crime scenes
to the best of its ability and shall endeavor not to contaminate, destroy,
alter or clean any crime scene until authorized to do so by the lead MPD
official on the scene of the offense.
Within 30 days after the license is granted by ABC Board the Applicant
shall review security measures and security plan with the Commander of the
First District or a designee and will work to the best of its ability to comply
with the recommendations.
e. Applicant will work
with landlord, Commander First District MPD, ANC6D, and community groups to
promote and ensure public safety and security in the area of the Establishment
11. License Ownership and Compliance
with ABRA Regulations. Applicant
will abide by all applicable Alcoholic Beverage Regulations Administration
(ABRA) regulations regarding the ownership of the license and all other
provisions applicable to liquor licensees, and agrees that Protestant shall have standing to ask the
ABC Board to enforce the terms of this Agreement. Applicant will be the sole owner of the ABC
license.
12. Participation in the Community.
a. Applicant agrees to seek to maintain open
communication with the Protestant, and the community for which
the ANC acts. To this end, Applicant
shall appoint a community representative who will, at least quarterly, attend
ABC Committee meetings, and ANC6D public
meetings which currently occur on the second Monday of each month at 7:00 p.m.
at St. Augustine’s Episcopal Church, 6th & M Streets, SW,
Washington, D.C. 20024 [there is no meeting in August, and the October meeting
is on the third Monday]. Applicant, upon
notice from the ANC shall send a representative of the Establishment
to a meeting(s) to confer and deal in good faith with issues raised under this
Agreement.
b.
Applicant will cooperate with ANC6D in its efforts to alleviate alcohol
abuse problems, and loitering by participating in above and other community
meetings as appropriate. The Applicant
shall cooperate, as much as feasible, with ANC6D to improve the overall
environment in and immediately around the premises to make a more pleasant,
safe area for residents, customers and other businesses.
c.
As employment opportunities arise, the Applicant will make job
announcements in the ANC 6D neighborhood and will work with non-profit group(s)
to sponsor job-readiness workshops.
Applicant will endeavor to provide support to improve the quality of
life for residents of the neighborhood, including support to civic and cultural
organizations in the ANC6D area of the SE/SW community.
13. Notice and Opportunity to Cure. In the event that either of the
parties is in breach of this Agreement, it shall be entitled to reasonable
notice and opportunity to cure, as a condition precedent to the Protestant
seeking enforcement of the Agreement. Unless the breach is of an emergency
nature or is a repetition of a prior breach, reasonable notice and opportunity
shall provide for a cure within 30 days of the date of such notice. If Applicant or the licensee fails to cure
within the 30-day period (or, with respect to a breach which reasonably
requires more than 30-days to cure, fails to commence cure of such breach and
diligently pursues such cure) failure shall constitute a cause for seeking a
Show Cause Order from the ABC Board pursuant to D.C. Official Code
§ 25-447. Unless otherwise noted above,
any notices required to be made under this Agreement shall be in
writing and mailed via certified mail, return receipt requested, postage
prepaid, or hand-delivered, to the other party to this
Agreement at the following addresses.
Notice shall be deemed given as of the time of receipt or refusal of
receipt:
If to Applicant: Safeway, Inc.
4551 Forbes Boulevard
Lanham,
MD 20706
ATTN: Regional Vice President
(301)
918-6870
Fax (301) 918-8941
If to Protestants: Advisory Neighborhood Commission 6D
P. O. Box 71156
Washington, DC 20024
Attn: Chair
(202)
554-1795
Fax
(202) 554-1774
Failure to give notice shall not constitute waiver or acquiescence to the violation, but notice shall be a prerequisite to the filing of a complaint with the ABC Board or any other enforcement action.
14. Withdrawal of Protest.
Upon execution of this Agreement by the Parties and
its acceptance by the ABC Board, Protestants
shall withdraw the Protest.
|
PROTESTANT Chair, ABC Committee, ANC6D
___________________________________ Coralie
Farlee
Date ANC6D03 __________________________________ Commissioner Ron McBee Date ANC6D __________________________________ Andy Litsky,
Chair Date ANC6D
|
APPLICANT: Safeway,
Inc. 4551
Forbes Road Lanham,
MD 20706 301-918-6870 ___________________________________ By:
Steve Neibergall
Date President, Eastern Division
|
#19, 12/9/09
ANC 6D Hatch Act Resolution
WHEREAS, the Office of Special Counsel (OSC), United States Department of
Justice, has interpreted the federal Hatch Act to apply to ANC Commissioners;
and--
WHEREAS, applying the federal Hatch Act to ANC Commissioners prohibits them
from engaging in many otherwise lawful partisan political activities, such as
standing as a candidate in a partisan election, or even raising funds for
partisan political candidates; and--
WHEREAS, ANC Commissioners are elected officials and not administrative
government employees, and therefore limiting their political activity does not
serve the purposes of the federal Hatch Act and raises serious questions under
the first amendment to the United States Constitution;
THEREFORE, BE IT RESOLVED that ANC 6D emphatically supports legislation
overturning the OSC interpretation of the federal Hatch Act, and also supports
enactment of a local DC Hatch Act that leaves ANC Commissioners free to engage
in political activity to the same extent as other elected DC officials; and--
BE IT FURTHER RESOLVED that ANC 6D authorizes the sending of letters reporting
this resolution to Delegate Eleanor Holmes Norton, Mayor Adrian Fenty, members
of the DC Council, and United States Senators expected to vote on Hatch Act
reform.
Andy Litsky
Chairman, ANC-6D
December 14, 2009
|
ANC Treasurer's Report - Nov 2009 |
s Report - Dec 2009 |
|
|
|
|
||
|
|
Opening |
Reconciliation |
|||||
|
Checking: |
$26,671.98 |
$26,671.98 |
|||||
|
c |
514 |
11/9/2009 |
Roberta Weiner |
$775.74 |
$25,896.24 |
$25,896.24 |
|
|
c |
515 |
11/9/2009 |
St Augustime's |
$170.00 |
$25,726.24 |
$25,726.24 |
|
|
c |
516 |
11/9/2009 |
Syphax Gardens Residence |
$400.00 |
$25,326.24 |
$25,326.24 |
|
|
c |
517 |
11/9/2009 |
Robert Siegel |
$18.96 |
$25,307.28 |
$25,307.28 |
|
|
c |
518 |
11/9/2009 |
Verizon |
$42.99 |
$25,264.29 |
$25,264.29 |
|
|
c |
519 |
11/9/2009 |
Bert Randolph |
$823.00 |
$24,441.29 |
$24,441.29 |
|
|
c |
520 |
11/9/2009 |
Ron McBee |
$2,145.73 |
$22,295.56 |
$22,295.56 |
|
|
|
$22,295.56 |
$22,295.56 |
|||||
|
|
$22,295.56 |
$22,295.56 |
|||||
|
|
$22,295.56 |
$22,295.56 |
|||||
|
|
$22,295.56 |
$22,295.56 |
|||||
|
|
$22,295.56 |
$22,295.56 |
|||||
|
|
$22,295.56 |
$22,295.56 |
|||||
|
|
$22,295.56 |
$22,295.56 |
|||||
|
|
|
||||||
|
Savings
Account Activity: |
Interest: |
$0.43 |
Date: |
11/30/2009 |
|||
|
|
|
||||||
|
|
|
||||||
|
|
Checking Balance: |
$22,295.56 |
|
||||
|
|
Savings Balance: |
$5,170.85 |
|
||||
|
|
Petty Cash Balance: |
$134.44 |
|
||||
|
|
Total Current Funds: |
$27,600.85 |
11/5/2009 |
||||
|
|
|
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|
Expenses
Submitted for Approval: |
|
||||||
|
|
521 |
12/2/2009 |
Bert Randolph |
Office supplies |
$205.21 |
|
|
|
|
522 |
12/2/2009 |
U.S. Postal Service |
Postage |
$44.00 |
|
|
|
|
523 |
12/8/2009 |
Bert Randolph |
Salary |
$823.50 |
|
|
|
|
524 |
12/8/2009 |
Verizon |
Phone |
$1,615.08 |
|
|
|
|
525 |
12/8/2009 |
Verizon |
Internet |
$42.99 |
|
|
|
|
526 |
12/8/2009 |
Ron McBee |
Office Cleaning |
$30.00 |
|
|
|
|
527 |
12/8/2009 |
St. Agustrine |
Meeting Space |
$170.00 |
|
|
|
528 |
12/8/2009 |
Greenleaf Residents Council |
Office Rental |
$400.00 |
|||
|
529 |
12/14/2009 |
Robert Siegel |
Office Equipment |
$18.01 |
|||
|
TOTAL |
$3,348.79 |
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