65
I Street SW ·
Washington, DC 20024 ·
202/554-1795
April
12, 2004
Present:
Commissioners Assalaam, Hargrave, Johnson, Litsky, Moffatt, Siegel Williams.
The meeting was convened at 7:02 pm. The Commissioners introduced
themselves.
Commissioner Litsky
requested a discussion of new Metro car assignments. The agenda was approved was approved without objection.
A representative of the Town Center Tenants Association
requested the support of the ANC in negotiations to terminate the 99-year Town
Center ground lease with NCRC/RLARC.
Commissioner Williams stated she would introduce such a resolution. TCTA has begun negotiations with NCRC, and
after being given reason to believe that there would be no problem, the
negotiations now seem to be at a dead end.
The tenants, who seek to purchase their buildings, have given the owner
a good faith deposit. There are 54
years left on the lease, which is between Bresler & Reiner and RLA, which
they would like to have terminated so they can have a fee simple purchase. If the purchase of Town Center to its
tenants goes through, the lease would transfer to the tenants. Without the transfer of the lease it would
be next to impossible to sell the building fee simple. Commissioner Johnson
asserted that it is part of NCRC’s mandate to provide for affordable housing,
and for that reason, he would support the tenants. Motion: A motion
was made by Commissioner Williams to support the Town Center tenants
Association in its efforts to negotiate in good faith with NCRC and RLC to
terminate the ground lease at Town Center at a cost commensurate with other
property recently sold by RLARC, in order for the Town Center Tenants’ Association
to purchase the buildings and provide affordable housing for the
purchasers. It was seconded by
Commissioner Litsky, and passed by a vote of 7-9.
Naomi Monk announced a City Emergency Preparedness
course to train residents to assist within the community in case of a national
emergency. Paricipants in the training
will receive a kit of materials, and a certificate, certifying that the
volunteer is qualified to provide assistance.
3.
Police Report
In the absence of police representation, Commissioner Hargrave reported that for the month of March in PSA 107 there were 35 reported crimes, an increase of 1 over the same month last year, and in PSA 110, 28 crimes were reported, a reduction of 4 over the same month last year. He reported that the overall trend this year over last is down.
4.
WASA Pumping Station
Garland Stillwell, of
Linowes and Blocker, who represents WASA, stated that they are requesting
support for a special exception application before the Zoning Commission for
the O Street and Maine Avenue pumping stations. WASA discovered that the exception is needed to bring the project
into consonance with the Capital Gateway Overlay District plan, but no details
in the plan have changed. The Zoning
Commission hearing is on May 20th
Commissioner Johnson inquired about the time frame for the construction,
and was told that the construction would begin next year, and would be
completed in 2008, a three-year period.
Commissioner Hargrave inquired as to whether the project could be
delayed because of the problems with the water and use to offset the proposed
increase in fees. Mr. Stillwell replied
that the improvements in the water plant have been mandated by a consent decree
with the federal government and are not related to drinking water, but to sewer
outflow. The project will cost $35-40
million for design and construction.
Commissioner Williams said that in researching the project since the
January presentation, she was ready to approve the project. Commissioner Siegel said that the people in
his SMD were affected by the odor from the current plant, and he was in
support. Motion: Commissioner
Siegel moved that the ANC support the proposed renovation of the WASA O Street
and Maine Avenue SW Pumping Station. It
was seconded by Commissioner Williams.
Commissioner Moffatt asked about whether the renovation would lead to
the control of odor. Mr. Stillwell said
that he could not provide guarantees that 100 percent of odor would be
eliminated, but that odor control measures would be incorporated into the
renovation. Commissioner Johnson added
a friendly amendment saying that the letter of support encourage the Zoning
Commission and the applicant work to expedite the timeline for the
construction. It was accepted, and the
motion was passed 6-0-1, with Commissioner Moffatt abstaining.
5.
Friendship Baptist Church
Commissioner Assalaam gave a
brief review of the situation, and reported that he had attended a meeting on
March 9th at Arnold and Porter with Cynthia Giordano and developer
Steven Tanner. Also in attendance were several members of Friendship Baptist
Church and the community. Mr. Tanner
stated he was seeking middle ground and he originally suggested moving the
church off the property, and then incorporating the main part of the church
into the building for non-profit use, for example, as a place to feed the
homeless, a use which Commissioner Assalaam and the others found insulting and
inappropriate.
Jerome Gray, Hattie Turner,
and Jacqueline Brown came forward to speak.
Mr. Gray reported on the history of the church. The church was
established in 1875, and the building, costing $10,000, was completed in 1887,
making it the oldest remaining African American structure in Southwest. Under the leadership of Rev. Benjamin H.,
Whiting, the building was renovated in 1937, and an addition, designed by the
noted African American architectural firm of HE Woodson, Ferguson and
Vaughan. In the RLA records, it is
recorded that the property would always remain a church. The church was sold in 1974, but continued
to be supportive. They also have
discovered that the sale may have been in violation of the law. Ms. Turner said that the information had
been given to Arnold and Porter. The
church had changed ownership three times without proper notification of the
sale. The sale to Mr. Tanner was
illegal because Bishop Williams still holds the note. The legal notification used by Mr. Tanner was signed by a
trustee, Mr. Shepard, was for a loan, not the original note. There no letters of reassignment of the
title registered with the District of Columbia. She stated that Mr. Tanner is removing property from the church
at night. Ms. Brown asked for the ANC’s
support in its efforts to save the
church. Mr. Gray put in another plea
for saving the church.
Commissioner Assalaam
pointed out that, after asking the church people to wait on filing an
application for historic designation, he went to Historic Preservation himself
and filed an application. The
application was incomplete, and it was designed so he can demolish the
church. An amendment is being filed so
the church’s history will be included.
the Commissioner commended the members of Friendship Baptist Church,
having started as slaves to rise to their current status. He pointed out the
role of Friendship in maintaining the black community in Southwest during urban
renewal.
Commissioner Hargrave
inquired about whether the transfer of the title was proper or improper, what
is the status of the ownership of the building, and what action is proposed for
the ANC. Commissioner Assalaam said
that he met with Time Denne of the Historic Preservation Board, who said he was
anxious to receive the additional information about the church. The members of the church are planning to
consult with their lawyers before the hearing to clarify the status. Commissioner Williams said that individuals
can express their objections as individuals.
Mr. Denne and Historic Preservation have many concerns, including the
height of the building. Commissioner
Johnson expressed his concern that the question of the title is important, and
while he wants to see a happy resolution, the question of ownership is
important. The issue will be discussed
at next month’s meeting, and Commissioner Litsky asked that the papers on the
issue be available prior to the meeting.
6.
Liquor Licenses
Jenny’s
Commissioner Johnson
reported that Jenny’s has moved from Waterside Mall to the waterfront, and they
need ANC approval to get a stipulated license in order to sell liquor while
their transfer is pending. Commissioner
Hargrave inquired as to the procedure for the transfer and why a stipulated
license is necessary. Joanne Liu,
representing Jenny’s, said that ANC approval is needed for a stipulated license
until the 60-day placarded waiting period is up, and that approval is not
required for the permanent license, because it is a transfer. In response to a question, Commissioner
Hargrave was informed that a stipulated license is a temporary license that is
needed because it is a new property. Motion:
Commissioner Johnson moved that the ANC inform the ABC that it does not
object to a stipulated 60-day license for Jenny’s. It was seconded by
Commissioner Litsky, and approved by the ANC by a vote of 7-0.
H2O
He has received a lot of
complaints about H2O. The ANC has a
voluntary agreement with H20, and he has been disappointed in how it is being
implemented. There have been two
arrests, one for drugs, there have been noise complaints. He expressed his particular concern that
promoters have been promoting H2O as a club, with celebrities and music, and
showed ads promoting particular events.
There have been long lines, He met with Kevin McCarthy, the manager, and
with the owner about a semi-permanent structure he was building over public
space, and he said he didn’t plan to take it down, but after a meeting with
NCRC and their lawyers, the structure came down. Mr. McCarthy, representing H20, said that he had met with his
promoters and they were supposed to be promoting H2O’s happy hour; the
semi-permanent structure, was, in fact, a tent for a wedding reception and he
didn’t think it was impeding passage.
H2O has hired a person to monitor the noise every 15 minutes, to half
hour. Commissioner Johnson said that
the problem is Friday and Saturday nights after 11 pm. Mr. McCarthy said he was not aware of the
drug arrest, and he was addressing the noise problem, and meeting with the
promoters. Commissioner Johnson raised
the issue of promoters running ads with offers of free drinks. Those are things that create long lines and
noise.
Commissioner Litsky said
that these things were a problem at the time H2O came to the ANC for its
license. There was close questioning about spending so much money on a
restaurant, because of the problems he had downtown. And now those problems are arising here. If there was a drug arrest,H2O is in
violation of its voluntary agreement which specifically says that the ANC will
be notified within 24 hours of any arrest on its property, and that’s grounds
for termination of the voluntary agreement.
He mentioned the appearance of Reuben Stoddard and Jason Lewis and why
they were there if it was not a club.
He questioned the number and kind of promoters H2O had, and was told
there was a different promoter for each night.
Commissioner Litsky said that when the owner came to the ANC he clearly
said that the only area of the restaurant that would be used for music was the
lounge, and he had misrepresented what he was doing, and several Commissioners
had a problem with that. He noted that
it was a big restaurant with a small lounge, and everything was on wheels. Those concerns about the way they do
business will be raised at the ABC.
Commissioner Johnson stated
that they had five or six police officers in charge of crown control. In spite of that there have been 30-40 311
and 911 calls handled. And, there have
been fights outside. He stated that he doesn’t want to see the restaurant shut
down, but when he discussed these issues with the owner, the response was
“you’re not going to tell me how to run my business.” There has to be a cooperative relationship. Commissioner Williams said that the ANC was
very careful about the application, and very leery because of the background of
the owner, and they had been assured it was going to be only a restaurant.
Robert Marshall, a resident
of Waterside Towers, said that because the police officers are paid by H2O,
they act as “thugs” for the restaurant rather than public servants, and they
are, in fact, violating their oath of office.
Mr. McCarthy responded that the police presence is one of enforcement,
and they are handing out tickets and making sure there is no trouble. Commissioner Johnson injected that the
situation requires a police presence.
Commissioner Hargrave expressed a concern that it is violation of the
law, and he will communicate with 1D to get a clarification about the
deployment of police officers at H2O.
Commissioner Williams stated her impression that no police can work at
an establishment where liquor is being served.
Commissioner Johnson said that that’s off-duty, and these police are
on-duty. Commissioner Moffatt said that
H2O is billed for the overtime.
Commissioner Johnson said he was working with the owner of H2O and was
hopeful that he could work things out.
Commissioner Hargrave said that if it is operating as a club, it’s
clearly in violation of its license. Motion:
Commissioner Johnson offered a motion to ask ABRA for a show cause hearing
on H2O’s license to investigate whether it is being operated as a nightclub in
violation of its license. It was
seconded by Commissioner Moffatt, and passed by a vote of 7-0.
7.
Coalition for Non-Profit Housing Resolution
Amanda Huron of the
Coalition for Non-Profit Housing and Economic Development requested support for
a resolution supporting full funding for the Housing Production Trust Fund in
the FY 2004 DC Budget. The Housing
Production Trust Fund, which contains revenues generated through real estate
taxes, fees and loan repayments, is to be used to underwrite affordable housing
for families living at or below the median area income. There is some
discussion this year not fully funding the Trust Fund, and the ANC is being
requested to add its name to the Friends of the Fund, which is comprised of
community organizations and many ANCs throughout the city. Motion: Commissioner Williams moved
that ANC 6D support full funding of the Housing Production Trust Fund and add
its name to the Friends of the Fund. It
was seconded by Commissioner Litsky, and passed by a vote of 7-0.
8.
Transportation of Hazardous Materials
Commissioner Williams said
that Jim Dougherty of the Sierra Club had asked her to present a resolution of
support for legislation that would limit the transportation of hazardous materials
on CSX trains through the District of Columbia. The status of the legislation is that it is currently before the
Council, but negotiations are now in progress between the City Council and the
Federal government. Commissioner Litsky
reported that he had spoken with several members of the Council and they are
supporting the legislation. Motion: A
motion was made by Commissioner Williams to support the legislation that would
reroute trains carrying hazardous materials around the District of Columbia. It
was seconded by Commissioner Litsky and passed by a vote of 7-0,
9.
Water Update
Commissioner Williams
reported that the City is mailing filters, but because they are delivered by
UPS during the day, she is doing the delivery.
They are also working on having a lead test site at the Southwest
Clinic, but that hasn’t yet happened.
She also reported that there may be Congressional legislation introduced
within the month creating laws defining EPA’s role. She said that while condominium and apartment dwellers have been
assured by WASA that they’re lead free because the pipes are larger than
2inches, WASA’s union officials and workers report that that is not the case,
and they have worked on apartment lines that have lead. They are researching exactly where those
lines are so people can be tested.
Commissioner Assalaam reminded the Commission that the water is being
flushed, and Commissioner Williams reported that they started flushing in Wards
2 and 3, and Capitol Hill, ostensibly because they are high lead level areas.
10.
Millennium Arts Center
Commissioner Williams
reported that there was a settlement on the building, and according to a
Channel 4 reporter, Mr. Wooby would receive $1.6 million, but it still has to
go through the bankruptcy court.
Commissioner Assalaam reported he had spoken with Mr. Wooby and that is
the same information he received.
Additionally, the artists—and the ANC—will be allowed to remain. It was also announced that the homeless
shelter will be gone by June 1.
11.
Green Line Metro Cars
Commissioner Litsky reported
that when the new Metro cars were ordered several years ago, they were supposed
to be for the Green Line, and in fact, when the first delivery was made, the
cars were placed on that line. Now a
new shipment is due, and they are being allocated for the Red Line. Councilmember Catania, DCs representative on
the Metro Board, agrees that the new cars should be given to the Green Line,
and asked for a letter of support to the President of Metro for his position
and for the people of Southwest. Motion:
That the ANC write a letter to the President of Metro, copied to
Councilmember Catania, urging that the cars promised to the Green Line be given
to the Green Line. It was seconded by
Commissioner Johnson, and passed by a vote of 6-0-1, with Commissioner Hargrave
abstaining.
12.
Commissioners Concerns
Commissioner Williams
discussed the draft letter to the Southwester about its comments about the
Treasurer, and Commissioner Williams questioned its accuracy. She was asked to bring a new draft to the
next ANC meeting, and agreed.
Commissioner Assalaam raised
the issue that there was not a quorum at the Administrative meeting scheduled
prior to the ANC meeting. It was agreed
to have an Administrative meeting on April 28, at 6:30 pm, running no later
than 8 pm.
13
Treasurer’s Report
Commissioner Siegel reported
that there was $17,730.82 in the ANC’s checking account, and $5,069.06 in the
savings account, for a total of $22,799.88. He reported that he received a
letter from the auditor that they had not received the Quarterly Report for the
3rd Quarter of FY2003, although it had been hand delivered in
mid-March. Four days after that he met with Mr. Bainum at the Auditor’s Office
and he did not report anything out of order.
He said that he is meeting with him again this week about the petty
cash. He said that he has been
presented by Commissioner Hargrave, dated March 9th, that he had not
seen. He redelivered the material and
received a receipt for it. He said that
Gottlieb Simon said that there have been similar episodes with other ANC
Commissioners.
He said that he wants to
work with the Finance Committee on a budget, and he wants to work with other
people on budget. The budget should be
included in every quarterly report. He
said he needs invoices from MAC.
He then reported that taxes
are up to date. There are still
problems with the W2 and the W3 forms that have to be submitted to Social
Security for Gottlieb Simon.
The next deadline for a
quarterly report is due on May 31. There
were five checks written, one to Millenium Arts Center, one to Roberta Weiner,
and three to Commissioner Siegel for supplies, signed by two other
Commissioners. He reported that he is moving his materials into the office.
Commissioner Assalaam suggested
that a receipt be received for all quarterly reports when they are received by
the Office of the Auditor. Commissioner
Hargrave raised the issue of the reconciliation of the petty cash fund, and it
was agreed it would be discussed at the Administrative Meeting, as would the
issue of the timely presentation quarterly reports.
Commissioner Moffatt
suggested that if it is the approved minutes that hold up the timely delivery
of the Quarterly Report that the unapproved minutes with the discussion and approval
the report be included in the report with the notation that they hadn’t yet
been approved.
14
Minutes
The minutes were approved as
amended.
15
Administrative Assistant’s Report
The Administrative Assistant
outlined what was included in the Commissioner’s packets, including items from
the DC Register, Zoning Commission set-downs and other items.
The
meeting was adjourned 10 pm.
Advisory Neighborhood Commission 6D
65 I Street SW
Washington, DC 20024
554-1795 n FAX
554-1774
office@anc6d.org