Advisory Neighborhood Commission 6D

65 I St., SW

Washington, DC 20024

 

Minutes

May 8, 2006

 

Chairman Andy Litsky called the meeting to order at 7:00 p.m.

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

 

 1.     Agenda

 

Commissioner Williams asked to have the issue of the several Class A liquor licenses up for renewal added to the agenda.  Commission Litsky asked to have the Bowen School item moved up on the agenda because of the presence of students who needed to get home.  Commissioner Skolnik moved approval of the agenda. It was seconded by Commissioner Siegel, and adopted without objection.

 

 2.    Community Comment

 

Gene Solon presented comments about the Development Committee meeting he attended.  Naomi Monk asked about the safety of the Millennium Arts Center building, and the presence of lead, asbestos and mold in the building.  Joseph Goodman spoke about the cutting off of access to the L’Enfant Plaza Metro entrance nearest Southwest when construction begins on the renovation of the present federal Department of Transportation building.

 

 3.     Public Safety Report

 

No representative of the 1st District was present.  Commissioner Assalaam reported that on April 15th at about 9:30 or 10 pm, his grandchildren were sitting in the park near Amidon School, when they were accosted by a gang of kids.  The FBI beat his grandson, held him in a chokehold and did not let him go, and he had to go to the police station to get him out.  He said it needs to be looked into, and something should be done about it.  Commissioner Litsky suggested that it be brought up at the next CAC meeting.  Naomi Monk asked whether he would mind if she reported this to Commander Groomes, and Commissioner Assalaam agreed.

 

 4.     April Minutes

 

Motion: Commissioner Sobelsohn moved that the April 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.

 

 5.    Resolution to Have the Cherry Designated the State Fruit of the District of Columbia

Marcus Parker and Eric Seaborn, two students representing their class at Jefferson Junior High School, along with their teacher, Terry Bunton, made a presentation on why they believe the cherry should be declared the State Fruit of the District of Columbia (comments attached).

Motion: Commissioner Sobelsohn moved that the ANC adopt the following resolution supporting the designation of the cherry as the State Fruit of the District of Columbia:

A RESOLUTION BY ANC-6D

IN SUPPORT OF BOWEN ELEMENTARY SCHOOL’S RECOMMENDATION

DESIGNATING THE CHERRY AS THE OFFICIAL FRUIT

OF THE DISTRICT OF COLUMBIA

 

 

WHEREAS, twenty-six states have an official fruit;

 

WHEREAS, two of those states had their official fruit suggested by children;

 

WHEREAS, the District of Columbia does not now have an officially designated fruit;

 

WHEREAS, Washington, DC hosts an annual Cherry Blossom Festival and the cherry is already recognized as an important and prominent part of the local life of The District of Columbia;

 

WHEREAS, the Council of the District of Columbia, at the urging of Mr. Terry Bunton’s class at Bowen Elementary School, has proposed a bill designating the cherry as the official fruit of Washington, DC;

 

WHEREAS, it is vitally important for the members of Advisory Neighborhood Commission-6D to support worthy initiatives proposed by the children of Southwest;

 

WHEREAS, involving the city’s children with their civic leaders ensures that they feel part of the city as a whole;

 

WHEREAS, it is fitting and proper that the cherry be recognized as the official fruit of The District of Columbia and that its use as a symbol of the nation’s capital be encouraged and expanded;

 

WHEREAS, ANC-6D commends the students at Bowen Elementary School, Dayquane Bell, Shamika Britt, Ethel Burnette, Calvin Franklin, Anthony Harris, Bartwone Hill, Sheldon McFadden, Frank McRae, Marcus Parker, Eric Seaborn, Raheem Turner and Michael Wanzor, and their teacher Terry Bunton for their initiative in recommending that the cherry be designated as the official fruit of the city of The District of Columbia.

 

BE IT RESOLVED that Advisory Neighborhood Commission 6D, representing The Southwest Waterfront and Near Southeast Washington supports the bill presented to the Council of the District of Columbia by the students of Bowen Elementary School designating the cherry as the official fruit of The District of Columbia

 

The motion was seconded by Commissioner Litsky.  The students were praised for their initiative and the fact that the project is coming from Southwest students.  Commissioner Assalaam noted that while there are the cherry trees on the waterfront, the District has more apples and berries that are native to the city.  Mr. Bunton noted that the significance of the cherry is not related to the cherry trees, which do not produce fruit, but to its relationship to Washington.  The motion was adopted without objection, and was sent to DC Council.

 6.    Old Business

900 New Jersey Avenue SE

JPI, the developer of this site, presented a request for support for a special exception and a variance at the Board of Zoning Adjustment (BZA) at the ANC’s April meeting.  The ANC referred the project to its Development Committee to further discuss the question of community benefits in exchange for Commission support of the development.  The developer was represented by Jill Cooper of Holland and Knight, and Ruth Han of JPI.

The special exception is to enable the separation of roof stairwells and HVAC units onto each side of the residential building; the variance is being requested for a reduction in the required residential recreation space.  They plan to provide 23,00 square feet of space. 

Shkeda Johnson reported that the Development Committee  met on April 17th, and were give information and plans on the property.  They went to see the property on April 22nd, and met again on April 24th.  The Committee voted to recommend that the ANC support the special exception and the variance, contingent on the developers providing two units of workforce rate affordable housing for DC law enforcement personnel, teachers or other District employees.  Their view was that while the District is providing no incentives to the developer to provide such benefits, the community was entitled to receive some benefits.

Commissioner Williams expressed her understanding that the Committee was not going to discuss issues with developers.  Mr. Litsky responded that his understanding was that there would not be any final decisions by the Committee, but that it could address the issues before the Commission.  Commissioner Assalaam said that what was decided was that specific questions would be referred to the ANC and that the Committee was not to negotiate with developers, it is the ANC that negotiates.  Commissioner Williams reiterated that it was agreed that the committee would not meet with developers.

The developer’s representative was asked whether the developer had any response and Ms. Han said that the project was not designed to provide any affordable housing.  Mr. Litsky noted that reducing the 23,000 square feet of recreational space would provide the developer with 10,500 square feet of space that will be used for the construction of additional apartments, and it was the feeling of the Committee to come back to you and ask for two units of affordable housing in order to give you more opportunity to create a financial base.

Mr. Assalaam noted that the information went to the developers before it came to the ANC and that is out of order, and inappropriate.  Mr. Skolnik asked whether this was an appropriate debate because affordable housing was not required in the project, and until BZA acts on the variances, there’s no issue.  Mr. Siegel added that it would be wonderful to have affordable units in the development. 

Commissioner Williams said she had not the opportunity to review the project, and does not know what is comparable and equitable and fair in terms of other projects in the City, and how would any benefits be implemented.  She said that she couldn’t make a decision without more information.  Motion: Commissioner Williams made a motion to table the discussion until the next ANC meeting.  Commissioner Litsky reminded her that if she did that the Commission and the community would have no input into the BZA hearing, which is on May 16th.  Commissioner Williams withdrew her motion to table.

Motion:  Commissioner Sobelsohn moved that the ANC support the Development Committee recommendation.  It was seconded by Commissioner Moffatt.

Commissioner Moffatt said that it was looked at during the April meeting.  Commissioner Litsky added that the developer made a presentation, and plans were sent to the Commissioners at their homes in advance of the meeting.  He stressed that the Commission had to take action, and it was an opportunity for the ANC to seize an important point.  He said he hoped the motion would pass so that a precedent can be established at the BZA.  Commissioner Assalaam noted that the City Council has yet to determine what the criteria are for affordable housing, and the ANC can vote no because what’s being offered is not acceptable.  Criteria have to be set for market rate and affordable rates, and it has to be permanent.  Commissioner Skolnik agreed with Commissioner Assalaam that the ANC should vote no because of the lack of affordable housing being built.  Mr. Siegel agreed.

Ms. Johnson said that she understands the Commission’s sentiment.  The development will make millions of dollars.  She said that there were other alternatives possible, but that there were no negotiations with the developers because the Committee felt it was not their role or responsibility.  She said the City has a process by which it gives developers incentives for affordable housing, using HUD requirements.

The motion failed 1-6, with Commissioner Sobelsohn voting in favor.

Commissioner Williams said that in presenting to BZA it should be emphasized that the grounds for disapproval are that no community benefits are being provided.  The Commissioners agreed.  Motion: Commissioner Litsky moved that he wanted to specifically recognize that 10,350 square feet of space will go to the developer, and whether or not it is matter-of-right development, the community deserves something in return. It was seconded by Commissioner Skolnik, and passed 6-1, with Commissioner Sobelsohn in opposition.

Ms. Johnson said that the Development Committee is open to a transparent process and would like to meet with the Commissioners and work out a workable process.

Marriott Courtyard Hotel Public Space Permit

Representatives of the Marriott Courtyard Hotel on 4th and L Streets SE came before the Commission to request support at a Public Space Committee hearing on May 25th.for a public space permit needed for the construction of an enclosed café extension to their indoor café in order to provide 20 additional seats for its patrons.  They want to do this in order to promote business both for the hotel and the new co-op opening behind the hotel.

Commissioner Siegel, in whose SMD the hotel is located, said he has no objection to the café. Commissioner Williams said that she did not notice anyone specifically from the Near Southeast/Southwest community working at the hotel, and asked about Marriott’s hiring practices.  She was told that the hotel worked with the Department of Employment Services, and while they have a large number of District residents working there, they did not have a breakdown of how many employees came from this community. 

Commissioner Assalaam said that the hotel is making money using public space, and that public space should be open to anyone.  Commissioner Skolnik said that the space is accessible from the street, and it is open to the public.  People, he said, can come for dinner from the community.  Commissioner Siegel added that the City doesn’t give anything away for nothing, and Marriott will be paying $30-$35 per square foot for the space.  The City, he said, makes money on public space.  Commissioner Assalaam said that street vendors, who could be using that space, also pay taxes to the City, and there are thousands of people who could take advantage of that space.

Motion: Mr. Siegel moved that the ANC approve a public space permit for the Marriott Courtyard Hotel café extension.    Ms. Williams said that the restaurant is too small, that when she had visited the hotel all the chairs were taken.  She said, that with limited restaurants in the area, there was a need to accommodate the guests and currently there is no way to do it.  Mr. Moffatt said that the hotel was not designed with adequate space.

Motion: Mr. Sobelsohn moved that the ANC oppose the public space permit for the Marriott Courtyard Hotel because there are no benefits provided to the community.  It was seconded by Commissioner Moffatt.  The motion to substitute was passed 5-1-1, with Commissioner Siegel opposed, and Commissioner Williams abstaining.

Commissioner Williams said that the ANC should have requested community benefits months earlier, and in fairness, should warn people ahead of time what is being asked of them.  Thelma Jones said that while they didn’t know in advanced, Marriott knows what corporate social responsibility is and should be prepared when they come to the community.  Commissioner Williams said the Commission is not being consistent in its approach to these issues.  Mr. Siegel said that the area around the hotel is still blighted and deserted, and it’s nice to see people outdoors using the space.  Gottlieb Simon said that it could be suggested to Marriott that they withdraw their application, and return with the employment and other data that the ANC had requested.  Dick Westbrook suggested that each project is different as far as community benefits go, and in this instance taxes, increased employment and issues such as that count.  Commissioner Assalaam said that increased taxes to the City are not a community benefit.

The motion passed 5-0-1, with Commissioner Siegel opposed, and Commissioner Williams abstaining.

 7.    New Business

Constitution Center

Tim Jaroch, Ron Jenkins and Jeff Kramer, representing Nassif Brothers and Trammell Crow developers, presented plans for the redevelopment of the Nassif Building currently occupied by the U. S. Department of Transportation, which will be called the Constitution Center. The developers gave a virtual tour of the new building. It was stressed that the building is being developed for a potential Federal client, and is being built to the highest security specifications.  The design has been approved by the National Fine Arts Commission.

Commissioner Skolnik, in whose SMD the project is located, said that one of the biggest issues was the closing of the courtyard under the building, which provides a through passage to Metro, and will eliminate the Farmer’s Market currently located there.  Mr. Jaroch said it was necessary for security, and that they were even hardening the floor above the current courtyard to withstand a blast, and that anyone could come in and blow out the building.

The courtyard will be closed beginning in July of 2007, or when the DOT moves to Southeast, and will be used for equipment storage during construction.  There will be no building demolition using explosives, and the building’s current skin will be removed piece by piece.  The Metro entrance will be closed for six to eight weeks late in the process. 

Liquor Licenses

Commissioner Williams said that license renewals were coming up for Bernstein’s, CAP Liquors, and Shulman’s Liquors and the comment deadline was June 12th.  She said she was proposing opposing the licenses until a voluntary agreement could be worked out, because there were problems with both.  Commissioner Litsky said that the license renewals could be opposed for the June12th deadline, with the ANC sending letters saying the ANC is opposing and that the SMD representatives will represent the ANC at the Commission, and subsequently file the voluntary agreements.

Motion:  Commissioner Williams moved that the ANC oppose the renewal of the licenses for Bernstein’s Liquors, CAP Liquors, and Lucky Times Liquors on the grounds that they each violate the peace, order and quiet of their communities, pending implementation of a voluntary agreement with each establishment.  It was seconded by Commissioner Siegel and passed without objection.

National Children’s Museum Event

Robert Evans of the National Children’s Museum presented a proposal for an event on L’Enfant Promenade, where the new museum will be located, on June 10th, and requested a letter of support to the Office of Emergency Management Office.  The Promenade will be closed from 4-7 pm, and will include a concert by Hillary Duff.  Motion: Commissioner Sobelsohn moved to send a letter to the Office of Emergency Management endorsing the June 10th event.  It was seconded by Commissioner Siegel, and passed without objection.

Election Forum

Commissioner Litsky said that he had been approached by the Southwest Neighborhood Assembly with the idea of co-hosting a candidates’ forum prior to the September primary.  He said it was unclear which races would be covered, but it would focus on issues of importance to Southwest.  Motion: Commissioner Sobelsohn moved that the ANC agree in principle to co-sponsor an electoral forum, and authorize Commissioner Litsky to work with SWNA president Marge Maceda to implement the event.  It was seconded by Commissioner Skolnik, and passed 6-0-1, with Commissioner Williams abstaining.

 8.    Committee Reports

Community Outreach

Committee Chair Naomi Monk said that the Committee had acted on one proposal, from the Amidon PTA, and was passing it on to the ANC for action with the Committee’s recommendation.  The grant would go for school infrastructure, as well as for computer supplies.

 9.    Treasurer’s Report

 

Commissioner Skolnik gave the treasurer's report for April 19 – May 8, 2006.  A copy of his report is attached to these minutes.  ANC 6D has $39,137.80 in current funds.  The savings account has $5,104.85.  The report includes expenses submitted for approval of staff salary $554.10 (Check #261), and state withholding to DOES for $23.40. (Check #262).  Motion:   Commissioner Skolnik made/Commissioner Sobelsohn seconded a motion to approve the April-May report and to authorize payment of the expenses. The motion passed 6-0-1, with Commissioner Williams abstaining.

 

Motion: Commissioner Skolnik moved that the ANC accept the Quarterly Report for 2nd Quarter of FY06.  The motion was seconded by Commissioner Moffatt and passed without objection. 

 14. Adjournment

Commissioner Skolnik made/Commissioner Moffatt seconded a motion to adjourn.  The motion passed 7-0.  The meeting adjourned at 10:15 p.m.

 








 


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

554-1795 § FAX 665-1774

office@anc6d.org