[ Note – January 27 Minutes follow these January12 Minutes]

Advisory Neighborhood Commission 6D

Business Meeting

St. Augustine’s Church

January 12, 2009

Roger Moffatt, Chair

Minutes

As Approved by ANC 6D February 9, 2009

Chair Roger Moffatt called the meeting to order at 7:10 p.m.

Present: Commissioners Hamilton, Jorgensen, Litsky, McBee, Moffatt, Siegel, Sobelsohn.

1. Agenda.

Motion: Commissioner Sobelsohn moved/Commissioner Litsky seconded to approve the proposed agenda. Upon motion of the following commissioners, and without objection, the proposed agenda was amended as follows: Litsky--add discussion of the ANC Security Fund and add Commissioner Jorgensen to item about Hogate’s by Kristina; Sobelsohn--add reestablishment of the Southwest Safeway Task Force and discussion of the July 2008 minutes, and extend the meeting time to 10:45 p.m. The motion to approve the agenda, as amended, passed, 7-0.

2. Community Concerns.

Jason Kopp, president of the Gangplank Marina Slipholders, and ANC 6D resident Nancy Masterson both spoke about Hogate’s by Kristina’s liquor-license application.

Jennifer Thomas, Higher Achievement’s Ward Six community outreach coordinator, announced her group’s February 10 Ward Six Love Poetry Contest.

Former ANC 6D Commissioner Mary Williams urged ANC funding for her January 19 Martin Luther King, Jr., Community Service Day project.

Beth Paulson, of the Southwest Action Team, reported on the December 17 start of SWAT’s Shuttle-Bug.

3. Development.

a. Capper/Carrollsburg Hope VI Development.

1) PUD Modifications.

Kyrus Freeman, attorney (Holland & Knight) for Capper/Carrollsburg Venture, LLC (CCV), summarized his client’s applications for modification of the project’s Planned Unit Development (Zoning Commission cases #03-12H, 03-12I, 03-13H, and 03-13I). CCV seeks a second-stage PUD approval for lots 769 and 882; an additional two years (until January 2012) to start building a community center in Square 881W (construction to take 18 months); a five-year PUD extension, until December 31, 2013; and modifications regarding Squares 739, 767, 768, and S-825, particularly to increase the amount of office space, the number of residential units, and the overall project size, and to reduce the average square feet per unit and the number of parking spaces. The Zoning Commission has scheduled a March 19 hearing on these applications. After much discussion Freeman accepted Chair Moffatt’s invitation to return for further discussion of these applications at an ANC 6D presentation meeting February 2.

2) Trash enclosures.

ANC 6D administrative assistant Roberta Weiner reported the approval, by the Public Space Office, of a revised design for Capper/Carrollsburg trash enclosures. Since the revised design does not address previously expressed ANC 6D objections, the ANC 6D request, authorized at the December ANC meeting, to reopen the PUD remains pending before the Zoning Administrator.

b. WMATA Garage Site Development.

Akridge Realty’s Adam Gooch, along with Akridge attorney Paul Tummonds (Pillsbury Winthrop Shaw Pittman), presented details of Akridge’s application, to the Zoning Commission (Case No. 08-30), for approval of a new structure and new uses on Square 700, at the corner of M and Half Streets, SE, in the Capitol Gateway Overlay District. The proposed structure will include a 160-foot-high decorative “embellishment,” which (as of January 2009) would be the highest structure in ANC 6D. Otherwise the project will (to its penthouse) reach a height of 128 feet. The Zoning Commission has scheduled a January 29 hearing on this application. Motion: Commissioner McBee moved/Commissioner Siegel seconded to support the application, contingent upon ANC 6D and Akridge’s reaching, on or before January 28, a final community-benefits agreement; and further provided that any letter of support includes “reservations” about the height of the “embellishment.” The motion passed, 6-0, with Commissioner Sobelsohn abstaining. Motion: Commissioner Sobelsohn moved/Commissioner Litsky seconded to authorize Commissioner McBee to represent ANC 6D before the Zoning Commission on this matter. The motion passed 6-0, with Commissioner Hamilton not voting.

4. Alcoholic Beverage License Application.

Kristina Noell has applied for a stipulated liquor license to open, at 800 Water St., SW, “Hogate’s by Kristina,” a catering establishment and full-service restaurant, with a café on the property’s east side. Commissioners Jorgensen and Litsky presented a proposed Voluntary Agreement. Motion: Commissioner McBee moved/Commissioner Sobelsohn seconded to support the license application, contingent on execution of the Voluntary Agreement (as amended) attached to these minutes. Motion: Commissioner Sobelsohn moved to amend the proposed Voluntary Agreement by adding, on page 2, under “3. USE OF OUTSIDE SPACE,” under the heading “Hours of operation for outside areas in subsequent years (January 1, 2010 onwards),” at the end of the line beginning “Outside Bar/Patios (East),” the language “(including special events)” . The motion failed for want of a second. Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded to amend the proposed Voluntary Agreement, by deleting, on page 6, under “10. ALCOHOL SAFETY,” in the sentence beginning “Signage encouraging safe drinking,” the phrase “and sports bar areas of the establishment,” so that the sentence ends with the word “lounge”; and also by adding, on page 2, under “3. USE OF OUTSIDE SPACE,” under the heading “Hours of operation for outside areas in subsequent years (January 1, 2010 onwards),” at the end of the line beginning “Outside Bar/Patios (East),” the language “(including special events)” . Motion: Commissioner Litsky moved/Commissioner Jorgensen seconded to divide the motion. The motion to divide passed 4-2, with Commissioners McBee and Sobelsohn opposed and Commissioner Moffatt abstaining. The motion to delete the phrase “and sports bar areas of the establishment” passed 7-0. The motion to add the phrase “(including special events)” passed 5-2, with Commissioners Jorgensen and Litsky opposed. Motion: Commissioner Jorgensen moved/Commissioner Sobelsohn seconded to amend the proposed Voluntary Agreement, by changing, on page 1, under “2. OPERATIONS,” in the 5th sentence (the sentence beginning “Prohibited activities”), the phrase “cover charges and rope lines” (old version) to instead read “cover charges or rope lines” (amended version). The motion to amend passed 7-0. The motion to support the license application, contingent on the amended Voluntary Agreement, passed 7-0. Motion: Commissioner Jorgensen moved/Commissioner Litsky seconded to send, to the Alcoholic Beverage Control Board, a letter incorporating the amended Voluntary Agreement and supporting, contingent on that agreement, Noell’s application for a stipulated license for Hogate’s by Kristina; and to authorize Commissioner Jorgensen to represent ANC 6D before the ABC Board on this matter. The motion passed, 7-0.

5. Community Benefits Coordinating Council.

Ruth Hamilton, acting co-chair of the Community Benefits Coordinating Council (CBCC), reported that, on December 3, the CBCC approved bylaws, including 11 named initial board members. The new board will meet January 28.

6. Task Forces and Standing Committees.

a. Southwest Safeway Task Force.

Commissioner Sobelsohn moved/Commissioner Hamilton seconded that ANC 6D “reestablish the ANC 6D Southwest Safeway Task Force, to investigate and seek solutions to problems with our community’s only grocery store, task-force members to include the following ANC 6D residents: (1) Saadia Athias, (2) Ron Collins, (3) Rachel Hecht, (4) Ron McBee, (5) Naomi Monk, (6) Robert Siegel, (7) David Sobelsohn, (8) Robert Sockwell (chair), and (9) Wayne Warren. The ANC 6D chair shall have power to appoint (from among the residents of ANC 6D) additional members of the task force.” The motion passed 7-0.

b. Committees.

Chair Moffatt asked all ANC 6D commissioners to appoint their 2009-10 committee members by Friday, January 23.

1) Community Outreach.

The following commissioners announced the following reappointments to the Community Outreach Committee: Commissioner Litsky--Dr. Beryl Rice; Commissioner Sobelsohn--former ANC 6D Commissioner C.W. Hargrave. Motion: Commissioner Litsky moved/Commissioner Sobelsohn seconded to appoint Beryl Rice acting chair of the Community Outreach Committee. The motion passed, 7-0. Motion: Commissioner Sobelsohn moved/Commissioner Jorgensen seconded to purchase and contribute 32 trash bags for former ANC 6D Commissioner Williams’s Martin Luther King Day community service project. Motion: Commissioner Siegel moved/Commissioner Jorgensen seconded to amend the motion to make the contribution $75, to include both trash bags and trash “picker-uppers.” The motion to amend passed 5-0, with Commissioners Hamilton and McBee abstaining. The motion, as amended, failed, 5-1, with Commissioner Sobelsohn in support and Commissioner Hamilton abstaining.

2) Alcohol Beverage Control.

The following commissioners announced the following reappointments to the Alcohol Beverage Control Committee: Commissioner Moffatt--Dr. Coralie Farlee; Commissioner Sobelsohn--Allan Holland. Motion: Commissioner Sobelsohn moved/Commissioner McBee seconded to reappoint Coralie Farlee chair of the Alcohol Beverage Control Committee. The motion passed, 7-0. Committee Chair Farlee reported on the Alcohol Beverage Control Committee’s 2008 accomplishments and its plans for 2009. She also announced that the recently enacted Ward Six ban on “single sales” of alcohol went into effect December 24; that the Alcoholic Beverage Regulation Administration will begin enforcement on February 10; and that three ANC 6D licensees--CAP Liquors, Friendly Food Market, and Shulman’s Liquors--have applied for exemption from the ban.

7. Minutes for 2008.

a. July.

Motion: Commissioner Sobelsohn moved/Commissioner Hamilton seconded to amend, on the ANC 6D website, the July 2008 minutes as follows:

(1) Under "6. Moratorium on the Sale of Single Serving Containers in Ward Six," delete "Motion: Mr. Litsky moved/Mr. McBee seconded a motion to delete 'on condition that the bill be amended to' in the first paragraph and 'The ANC further recommends the following amendments.'" and replace it with "Motion: Commissioner Litsky moved/Commissioner McBee seconded a motion to delete 'on condition that the bill be amended to' in the first paragraph and instead substitute '. The ANC further recommends the following amendments:'" .

(2) At the end of paragraph 6, after the phrase "with Commissioners Hamilton and Skolnik in opposition," delete the number "867199."

(3) In paragraph 8, delete everything following the second sentence (“Motion: Commissioner Sobelsohn moved that Evan Fish of SmartBike be invited to the September business meeting”) to the end of the paragraph and replace it with “The motion failed for want of a second.”

(4) In paragraph 12, replace the entire paragraph with the following: “Commissioner Sobelsohn reported that Waterfront Associates has been dragging its feet on implementing the Shuttle-Bug.”

b. December.

Motion: Commissioner Sobelsohn moved/Commissioner Hamilton seconded to approve the December minutes as presented, including the part labeled “June 2008” that was included in packets provided at the meeting, and not the part labeled “June 2008” distributed in the days before the meeting. The motion passed 5-0, with Commissioners Litsky and Moffatt abstaining.

8. Treasurer’s Report.

Motion: Commissioner Litsky moved/Commissioner McBee seconded to approve, as presented, the Treasurer’s Report (attached to and incorporated in these minutes). The motion passed 7-0.

9. ANC Security Fund.

Motion: Commissioner Litsky moved/Commissioner Sobelsohn seconded to approve ANC 6D enrollment in the ANC Security Fund for 2009; and to authorize the ANC treasurer to write a $25 ANC 6D check for such enrollment. The motion passed, 6-0, with Commissioner Hamilton abstaining.

10. Election of 2009 Officers.

Gottlieb Simon, Director of the Office of Advisory Neighborhood Commissions, presided over the election of 2009 ANC 6D officers.

a. Chair.

Commissioner Jorgensen nominated Commissioner Litsky. Commissioner Sobelsohn nominated Commissioner McBee. The ANC elected Commissioner Litsky 5-2, with Commissioners McBee and Sobelsohn voting for Commissioner McBee.

b. Vice-Chair.

Commissioner Sobelsohn nominated Commissioner McBee. Commissioner Moffatt nominated Commissioner Siegel. The ANC elected Commissioner Siegel 4-3, with Commissioners Hamilton, McBee, and Sobelsohn voting for Commissioner McBee.

c. Secretary.

Commissioner Litsky nominated Commissioner Sobelsohn. Commissioner Siegel nominated Commissioner McBee, who declined. With no other nominations Simon declared Commissioner Sobelsohn elected as secretary.

d. Treasurer.

Commissioner Sobelsohn nominated Commissioner Jorgensen. Commissioner Siegel nominated Commissioner McBee, who declined. With no other nominations Simon declared Commissioner Jorgensen elected as treasurer.

11. 2009 Business-Meeting Dates.

Motion: Commissioner Sobelsohn moved/Commissioner Jorgensen seconded to announce the following dates for ANC 6D’s 2009 business meetings, all to start at 7 p.m.:

Tuesday, January 27, at 1501 Half St., SW

Monday, February 9, at 600 M St., SW

Monday, March 9

Monday, April 13

Monday, May 11

Monday, June 8

Monday, July 13

Monday, September 14

Monday, October 19

Monday, November 9

Monday, December 14

The motion passed, 6-0, with Commissioner Hamilton abstaining, and the dates were announced.

12. Audience Time.

Paul Broom discussed his January 18 opening of a bed-and-breakfast at 1026 3d St., SE.

ANC 6D resident Nancy Masterson spoke again about Hogate’s by Kristina’s liquor-license application.

13. Adjournment.

Commissioner Sobelsohn moved/Commissioner McBee seconded a motion to adjourn the meeting. The motion passed 7-0. The meeting adjourned at 10:33 p.m.

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