Advisory Neighborhood Commission 6D

65 I St., SW

Washington, DC 20024

Minutes

July 10, 2006

Vice Chair David Sobelsohn called the meeting to order at 7:10 p.m.

Present: Commissioners Assalaam, Moffatt, Skolnik, Siegel, Sobelsohn, and Williams

In the absence of Commissioner Litsky, Commissioner Sobelsohn chaired the meeting.

1. Agenda

The Vice Chair asked that discussion of the Public Space Permit for driveways at Capper Carrollsburg be moved to the first item under new business because of the schedule of the presenter. Commissioner Williams asked to add discussion of a resolution to the City Council on the baseball stadium. The agenda was approved as amended.

2. June Minutes

Motion: Commissioner Moffatt moved that discussion of the May minutes be tabled until the next meeting. It was seconded by Commissioner Skolnik. It was passed 5-0-2, with Commissioners Siegel and Moffatt abstaining.

3. Community Comment

No one asked to address the community during Community Comment.

4. Public Safety

No representative of the 1^st District was present, but Commissioner Williams reported that there had been a double homicide on Delaware Avenue SW over the July 4^th weekend, with both victims under the age of 20. She also reported a fatal fire at Channel Square over the same weekend. She said that Lt. Mitchell had called a meeting at 1^st District headquarters to discuss the situation.

Irv Gamza reported that the officers in PSA 104 have been closing old cases, as well as two from this year, and their record was good. Naomi Monk asked for support for the local activity at the waterfront for the National Night Out on Crime on August 1^st.

5. Old Business

Liquor Licenses

Commissioner Sobelsohn raised the issue of the liquor license application renewals for Bernstein’s, Shulman’s and CAP Liquors, and the fact that the ANC’s protests were not received by the ABC. He reported that from now on all communications with the ABC be hand delivered, and the ANC will receive a date-stamped copy of the letter, so that there is a clear record.

Commissioner Assalaam said that this is problem that has occurred other times, as well as this one. He said he, and the people in his community, were upset that there was no hearing. Commissioner Williams said that Bernstein is willing to work with her, but the neighbors will file an appeal. She said that the owner wanted to talk, which is a good sign, and he has stopped selling drug paraphernalia and looking at getting clear plastic bags.

Allan Holland, a member of the Alcoholic Beverage and Licensing Committee, said that he has attempted to arrange committee meetings and has sent e-mails to the committee members, and only one has responded. He said that Commissioner Litsky’s representative is available, that Ms. Ponds has moved, that Ms. Farlee, who also attempted to get the Committee started wants to meet during the day, and had gotten no response from Ms. Williams representative, Mr. Al-Hadj. Ms. Williams suggested that some mechanism be put into place to track the Committees.

H2O

Commissioner Skolnik requested that the ANC authorize him to represent the Commission if the hearing on H2O ‘s request to extend its weekend hours occurred during August. Motion: Commissioner Skolnik moved that he be authorized to represent the Commission at the ABC in the matter of H2.O. It was seconded by Commissioner Siegel and passed, 6-0.

Zoning Commission Testimony on the Baseball Stadium

Commissioner Assalaam said that Commissioner Litsky has misrepresented the Commission’s views in his testimony before the Zoning Commission on June 26. He questioned why copies were not available, and why he, Commissioner Williams and Commissioner Sobelsohn were not allowed to see it before Commissioner Litsky testified. He questioned the legitimacy of the follow-up hearing that the Zoning Commission held, and said the Chairman had been deceptive in his actions. Motion: Commissioner Assalaam moved a vote of No Confidence in the Chairman for the actions he took before the Zoning Commission on June 26^th. It was seconded by Commissioner Williams.

Commissioner Williams said she had attended the hearing on the 26^th, but on Friday she had e-mailed the Commission that she hadn‘t heard from the Chairman and had no idea of how he would testify at the hearing. She said she never received a copy of what the Chairman was going to present, even though she asked on Sunday by e-mail for some idea of what was in the testimony, and he would not show her a copy of the testimony at the hearing. She said the Zoning Commission voted 7-0 because the testimony was not presented properly, and the Chair left the impression that the ANC was not opposing the stadium, and it was not an accurate representation of the Commission’s views.

Commissioner Siegel suggested a friendly amendment to change the vote of no confidence to “censure.” The amendment was seconded by Commissioner Assalaam, and accepted 4-2, with Commissioners Moffatt and Sobelsohn voting in opposition.

Commissioner Skolnik suggested adding a provision that the Commissioners have at least a 24-hour window to review any testimony to be presented on behalf of the Commission.

Commissioner Moffatt said that it was unfair to have the discussion without the presence of Commissioner Litsky who was being “tried in absentia.” Commissioner Assalaam suggested that Commissioner Litsky was not at the meeting because he knew the matter was coming up for discussion. Motion: Commissioner Moffatt moved to table the discussion. The motion failed on a vote of 3-3. The original motion to censure failed by a vote of 3-5, with Commissioners Skolnik, Sobelsohn and Moffatt voting in opposition.

Commissioner Williams said that the impact of a censure was to put the Chairman on notice that the ANC does not agree with the Chair’s action. She said there should be a formal policy that the Chair submit testimony to the ANC prior to delivery. Commissioner Moffatt agreed. Motion: Commissioner Skolnik moved that any testimony delivered on behalf of the ANC should be circulated by e-mail or other means prior to the hearing at which it is to be delivered. It was seconded by Commissioner Williams. Commissioner Assalaam said he wants his delivered directly to his door, not mailed. Motion: Commissioner Moffatt moved to table the discussion until the September meeting. The motion was passed 3-1-2, with Com missioner Skolnik opposed, and Commissioners Williams and Assalaam not voting.

Commissioner Assalaam requested that the question of the Chair’s absences also be added to the September agenda.

6. New Business

Public Space Permit for Arthur Capper/Carrollsburg Project

Mark Pelusi of EDAW, consultants to the Capper Carrollsburg Hope VI project, presented a request for a Public Space Permit for driveways on 4^th, 5^th and M Streets for entries to underground parking and service entrances. There would be two curb cuts on 5^th Street, one to the residents’ garage, and one for an alley entrance to a service drive. The improvements EDAW will provide are plantings on 5^th Street, and plantings on M Street. Motion: Commissioner Siegel moved to approve the application for a public space permit for driveways for the Capper Carrollsburg building on 4^th, v (delete the v in front of 5ht.)5th and M Streets. It was seconded by Commissioner Williams. The Commission was told by EEAW that there would be a loss of three parking spaces. The motion passed 5-0, with Commissioner Assalaam not voting.

Alley and Street Closings and Openings in Square 739

Kyrus Freeman, representing Holland and Knight presented a request for approval of a series of street openings and alley openings and closings, which would create two parcels of land for future development by William C. Smith Co. He was accompanied by Brad Fennell, vice president of William C. Smith. The parcels currently house a DC waste transfer station and a surface parking lot. Mr. Freeman said that the street opening would provide an opportunity to restore the historic vistas up to the Capitol. The developers are planning to build I Street and open it to 2^nd Street, and improve the area north of H Street and east of New Jersey Avenue.

Commissioner Siegel asked what amenities would be provided, and was told that it was C-3-C zoning, and the residential composition would be affordable and low-income housing; that they were paying for the paving of the streets; that the company was instrumental in advancing Canal Park; that they had started a non-profit organization to work with adjoining housing at Capper/Carrollsburg; that they had made a $2 million contribution to the Canal Park project and were involved in the design competition for the park.

Commissioner Williams said she was not impressed with the amenities because they will be dictated by law. The road construction and the park will benefit the developers. She was told that the developer will be building public housing, and that the streets and park are for public use. While there is a trade-off and the developer will benefit, they do not have to do the streets. They have been involved in the project since 1999, and while there is a benefit to the developer, there is a great benefit to the community.

Commissioner Moffatt requested a comparison of the amount of space gained by the developers from the alley closings and noted that the value of the contiguous space gained by the developers far exceeds the value of the cost of paving an extension of I Street.

Commissioner Assalaam asked whether the public housing being constructed would be part of the one-for-one replacement mandated by the Housing Authority for Capper/Carrollsburg and was told that the Smith public housing was in addition to that. He said it was obscene to spend $6 million on a park when people don’t have housing. Mr. Freeman responded that the developer had contributed only $2 million and that people will benefit from the park. Commissioner Assalaam responded that it was only a tax write-off.

Mr. Freeman said they were planning to file their application in September so that the issue could be referred to the Development Committee and returned to the September meeting of the ANC. They hope to get through the legislation by the end of the year, and have the streets opened by early 2008.

Motion: Commissioner Williams offered a motion to oppose the applications because of a lack of community benefits. It was seconded by Commissioner Assalaam.

A discussion followed about the nature of community benefits, and it was suggested that the issue be referred to the Development Committee for a discussion of what realistic community benefits should be offered to the community in exchange for approval of the street openings and alley closings. Motion: Commissioner Skolnik moved that the issue of the alley openings and closings in Square 739 be referred to the Development Committee for a recommendation on a specific list of amenities to be offered to the community. It was seconded by Commissioner Siegel and passed 6-0.

Alley Closings in Square 701

Christy Shiker of Holland and Knight presented a request for ANC support of an alley closing in Square 701, between M and N, 1^st and Half Street SE. She reported that the area is zoned C-G and C-R. The alleys are owned by the property owners, a group of families who have banded together to develop the land. The project, in the works since 2003, will include an 11 story, 3 FAR (FAR 7500 sq. ft.), 22,500 sq. ft. office building office building, and a 12 story, 252-unit, 4 FAR, 19,000 sq. ft. residential building. There will be a three level parking garage with 499 spaces (well over the minimum of 266, one for every three units, spaces). The buildings will be brick and glass, and the residential units will be fairly large. The alleys are owned by the property owners.

Commissioner Assalaam asked about the two retail establishments currently located on the property, and asked whether they had agreed to be moved. He said it was important to know how the business owners will be treated. Ms. Shiker responded that all requirements have been met and all the property has been acquired. Commissioner Skolnik asked about the composition of the residential development and was told that all DC residential zoning requirements will be met. Commissioner Siegel added that the project is being developed by old family owners who are not newcomers to Southeast, and the project deserves respect. The building, he said, will be about 130’, the same height as the Southeast Federal Center. He also pointed out there will be 19,000 sq. ft. of retail on 1^st Street. Motion: Commissioner Skolnik moved to refer the issue to the Development Committee for a recommendation on the community benefits offered in respect to the alley closing. It was seconded by Commissioner Siegel.

Commissioner Williams pointed out that in light of all the development there would be a great increase in traffic and no alleys available to enable drivers to move freely about. People, she said, will be trapped in traffic without alleys and alley closings should be opposed. The motion passed 5-1, with Commissioner Assalaam voting in opposition.

United Planning Organization

No representative of the United Planning Organization was present at the meeting, but Commissioner Williams pointed out that UPO was a major funding source for organizations in the community, and she was hoping to have a presentation on UPO’s work.

Resolution to City Council on Baseball Stadium

Commissioner Williams reported that the City Council would be taking up the Western Development proposal for building a development surrounding the currently proposed above ground parking at the baseball stadium the day after the ANC meeting. The Council, she said, has to declare the land surplus. She distributed a letter from District CFO Natwar Gandhi listing 11 hurdles the developer had to overcome before the end of September in order to make the plan viable. Councilmember Catania, she said, has pressed Western to see how many of the 11 it could meet. Some of the issues include the fact that the City is under an obligation on time, and if Mr. Miller doesn’t meet the deadline, the city is still liable; that the project is under-financed and Mr. Miller has to find the funding by September in order to proceed; and that there will be two contractors working at the same site, and Clark Construction is already using N Street for staging. Motion: Commissioner Williams moved that the ANC support a resolution asking the City Council to reject the Western Development plan for developing the N Street site, because of the reservations of Natwar Gandhi, and continuing concern that the parking lot should be underground. It was seconded by Commissioner Siegel.

Commissioner Moffatt said that the resolution should be based on the ANC’s original motion of opposition. It passed 6-0. Commissioner Williams said she would share the text of the resolution with the ANC prior to delivering it to the City Council on the following day.

7. Committee Reports

Motion: Commissioner Skolnik moved to accept the report of the Community Outreach Committee. It was accepted without objection.

Commissioner Williams raised the issue of attendance at the committee meetings. She said that it was asking a bit much to ask commissioners to attend other meetings every month. Commissioner Moffatt suggested that a good way to keep track of who attends the meeting, and that each commissioner is represented would be to keep a list in the ANC office of monthly attendance.

The Commission was told that the Development Committee member Shed Johnson and the Chairman were working on a report of the June Development Committee meeting.

9. Treasurer’s Report

Commissioner Skolnik gave the treasurer's report for June 12-July 10, 2006. A copy of his report is attached to these minutes. ANC 6D has $41,176.05 in current funds. The savings account has $5,109.97, including an interest payment of $2.52. The report includes expenses submitted for approval of staff salary $554.10 (Check #267), Verizon, for telephone services, $89.55 (Check #268); a check to replenish petty cash, $100 (Check #269); to Amidon School PTA for a community grant, $400 (Che4ck #270); to CHIME, for a community grant for $500 (Check #271); and to KidSafe, for a community grant, $500 (Check #272). Motion: Commissioner Skolnik made/Commissioner Moffatt seconded a motion to approve the June-July report and to authorize payment of the expenses. The motion passed 6-0. Motion: Commissioner Skolnik moved acceptance of the quarterly report for the April-June 2006 period. It was seconded by Commissioner Moffatt and passed 6-0.

Motion: Commissioner Assalaam questioned the use of petty cash for taxi fare and moved that the ANC’s petty cash could not be used for that purpose. It was seconded by Commissioner Williams. The chair ruled the motion out of order.

10.Adjournment

Commissioner Skolnik made/Commissioner Moffatt seconded a motion to adjourn. The motion passed 5-1, with Commissioner Sobelsohn opposed to adjournment. The meeting adjourned at 10:15 p.m.

Advisory Neighborhood Commission 6D Treasurer’s Report

65 Eye Street SW • Washington, DC  20024 ANC Office: 202 554-1795 n FAX: 202 554-1774

Period:

June 12, 2006 to July 10, 2006

Checking Account
Opening Balance						$43,319.70
Receipts
				Date	Amount
District Allotment					$0
Transfer from Savings					$0
Other					$0
Total Receipts						$0
Total Funds						$43,319.70
Disbursements
Number	Payee	Purpose		Date	Amount	Status
267	Roberta Weiner	Admin. Asst.		06/12/06	$554.10	Cleared
268	Verizon	Telephone		06/12/06	$89.55	Cleared
269	R. Weiner	Petty Cash		06/12/06	$100.00	Cleared
270	Amidon PTA	Community Grant		06/12/06	$400.00	Cleared
271	CHIME	Community Grant		06/12/06	$500.00	Cleared
272	KidSafe	Community Grant		06/12/06	$500.00	Cleared
Total Disbursements						$2,143.65
Final Balance						$41,176.05
Savings Account
Opening Balance						$5,107.45
Receipts
				Date	Amount
Interest				6/30/06	$2.52
Other					$0
Total Receipts						$2.52
Total Funds						$5,109.97
Petty Cash
Opening Balance						-$59.91
Purpose			Merchant	Date	Amount
Petty Cash Reimbursement			R. Weiner	6/12/06		100.00
Transportation			Yellow Cab	6/26/2006	$11.00
Ink cartridge			CVS	7/7/2006	$36.29
Batteries			Radio Shack	7/8/2006	$10.58
Final Balance						($17.78)
TOTAL FUNDS						$46,268.24

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Advisory Neighborhood Commission 6D
65 I Street SW
Washington, DC 20024

202/554-1795 n FAX 202/554-1774

office@anc6d.org