Advisory Neighborhood Commission 6D

65 I Street SW · Washington, DC 20024 · 202/554-1795

 

Minutes

October 18, 2004

 

Present: Commissioners Assalaam, Hargrave, Johnson, Litsky, Moffatt, Siegel, and Williams.

 

The meeting was convened at Amidon School at 7:05 pm.  The Commissioners introduced themselves. 

 

  1. Agenda

Commissioner Litsky requested the addition of a discussion of a motion on the proposed baseball stadium.  Commissioner Hargrave asked whether there wasn’t a Southwest Neighborhood Association meeting on October 25th, and Commissioner Williams added that the meeting is jointly sponsored by the ANC.  Commissioner Moffatt said that the meeting was only two days before the City Council hearing on the authorizing legislation.  Commissioner Assalaam said there should be no ANC discussion without getting the community’s views.  Commissioner Litsky said the issue of whether the ANC plans to take a position should be discussed because the City Council Committees have to be told whether the ANC is testifying.  It was agreed to add the discussion to the agenda, along with a related presentation by Kenneth Wyban.  The agenda was approved, with those two additions, without objection. 

 

2.      Community Concerns

Ann Rollins discussed her concern about the potential for kids to be killed by cars on I Street SW because they are violating the curfew and playing in the street until midnight, which she sees from her apartment.  Signage is needed on the street, as well as enforcement of the curfew.

 

3.   Commissioner Concerns

Baseball Stadium

Commissioner Williams raised the issue of holding a community meeting with the SWNA about the proposed baseball stadium on October 25th in order to hear community response to the plan.  Commissioner Hargrave noted that there could be a special public meeting in conjunction with the community meeting, noticed with flyers, and since it was on October 25th, the ANC would have three days to prepare testimony, individual commissioners could testify at the hearing as well, and, additionally, testimony can be submitted subsequently as part of the record.  Commissioner Litsky inquired about the process for the meeting.  Motion: Commissioner Williams moved that an ANC meeting at the close of the community meeting in order to make a decision about the ANC’s position on the stadium.  It was seconded by Commissioner Litsky, and approved 6-1, with Commissioner Moffatt voting in opposition.

 

Consultant on Waterfront Mall Project

Commissioner Williams stated that countless hours have been spent on the plans for Waterside Mall.  The ANC is at a juncture where they can’t go any further in getting questions answered about the project.  Motion: Commissioner Williams moved that the ANC approval to solicit the hiring of a consultant who can help in shaping community benefits and needs for the Waterfront Mall project.  Commissioner Johnson seconded the motion, and added that by the next meeting he would like to come to the ANC with proposals for someone who can undertake the legwork, research, writing, doing due diligence, working on Zoning Commissioner and Council hearings, and things of that nature.  He said that because of the importance of the Mall as a town center it is a valuable use of ANC funds.  Commissioner Hargrave asked about the use of the consultant on other projects, and Commissioner Williams said that the consultant’s responsibility should only be for the Waterfront.  Commissioner Litsky asked that the person have the expertise to go beyond the scope of the Mall and could be elastic in terms of the many development issues that the ANC will be dealing with.  The motion was approved without objection.   Commissioner Hargrave asked who would take the lead on the RFP, and Commissioner Williams said that she would was already working on an RFP, and would talk with others, including Gottlieb Simon, about developing a job description.  She said, however, that she would be working on the Presidential election and did not know whether she would have something to present by the next ANC meeting.  Commissioner Johnson said that he would help.

 

3.      Police Report

Lt. Wilkins introduced himself, having recently been assigned to PSA 104 in the 1st District.  He reported that the previous weekend, they ran a Drug Free Zone on Allison Place, which was successful in cleaning out the area, and, in fact, they decided to run it somewhat longer than the originally scheduled 72 hours.  He had no crime statistics to report.  Commissioner Williams announced the next meeting of PSA 104.  Commissioner Litsky said that he had learned about an assault in mid-August on O Street SE that resulted in the victim going into a coma, and after 10 days, dying.  He wants to know why it was not reported as a murder, and Lt. Wilkins said he would look into it.

 

4.      Old Friendship Baptist Church

Cynthia Giordano announced that the Historic Preservation Review Board requested revisions of the plans for the old Friendship Baptist Church site, and they were presenting the revisions to the ANC prior to a HPRB hearing on October 28th.  They now plan a 21-apartment project, significantly less than original plan, and of lower height.  She introduced architect Richard Sponseller, of Shalom Baranes Architects, who pointed out the changes that have been made, primarily in the volume of the building.  The building is now four stories--originally it was seven—the same height as the original town houses surrounding the church; and the parking garage has been moved.  They have added space between the church and the north side of the apartment building to provide more “air,” and a low brick wall to separate the church from the steel and glass apartment building.  The ramp for the parking garage has been moved to the east side of the building, and west side, including the cobblestone courtyard will be completely restored to its original look.  The church will still be used for a non-profit organization. 

 

Commissioner Assalaam asked about the possible use of the church interior for residential use, and was told that the applicant is asking for flexibility on the interior to allow for non-profit or residential use.  Ms. Giordano said that the applicant would be applying for a PUD with a special exception for non-profit use. 

 

Commissioner Johnson asked whether anything in the interior was to be preserved, and was told that nothing was.  Commissioner Williams asked whether the additions are completely gone, and was told that that there were two additions, and they are both gone in the plan.  Their removal is critical to the development of the site, including the parking on the east side.  Commissioner Hargrave asked about the timing of the project and was told that after the project is approved by Historic Presentation, they will apply for a PUD, and make another presentation to the ANC prior to the Zoning Commission hearing.

 

Commissioner Assalaam said he had been a t the prior HPRB hearing, and the plan being presented is different from the plan that the ANC voted on previously, and the ANC will have to take another action on this plan.

 

Commissioner Johnson again expressed his concern about the preservation of the character of the interior, and losing the character of the original interior.  Ms. Giordano said that a compatible non-profit that will appreciate the interior details, but that they have to remain flexible for marketing purposes, and the two interior areas--the main part of the church and the mezzanine—have to remain architecturally discreet.  The mezzanine has to float so that it doesn’t interfere with the exterior.  Commissioner Williams asked whether the interior of the church would be totally gutted.  She was told that the mezzanine will be floating and not touching the exterior walls.

 

Commissioner Williams asked about the HPRB request that the developer attempt to meet with the congregation of the new Friendship Baptist Church.  Steve Tanner responded that a letter had been sent to Rev. Little on September 29th requesting a meeting, and there has been no response.  They found the cross and some posters and playbills, which have been presented to Friendship Baptist, and have offered to donate the organ to the church.   The organ, awaiting restoration, has been disassembled to keep it from being damaged by water from a leaking roof.

 

Commissioner Assalaam said the HPRB had concerns about the tearing down of the additions.  He also said that when the supplement to the historic designation application was submitted, the interior had been included and he does not know why the interior has not been designated.  He specifically discussed the disassembling of the organ because the company that made the organ has been designated on the National Register, and every organ made by that company is historic.  When the organ was disassembled, the main criterion for designating the interior was removed.  The interior was not considered for historic designation.  Designations of interiors are very rare, and are usually reserved for very public places.  The organ was disassembled completely lawfully, and, as equipment, would not have been considered as part of an interior designation.  The reason for this presentation is that the HPRB felt that the ANC had not been properly noticed on the new plan.  Commissioner Assalaam reiterated that he had submitted a proposal for designation to the National Register and the interior meets the criteria for designation, and it can be designated. 

 

Ms. Giordano responded that the staff report of the HPRB went to great lengths to say that adequate parking was needed, and did not object to the removal of the additions.  She reminded the ANC that it was the developer who went to the HPRB for historic designation, and that at this point it had no market value as a church, since they had tried unsuccessfully to sell it as one. 

 

Commissioner Williams said that she represents the new Friendship Baptist Church and she has spoken with the pastor and members of the church, and it is their intent to make an offer and to attempt to preserve and restore their church.  Commissioner Williams said that the HPRB was waiting for comments from the ANC.  Motion:  Commissioner Williams moved that the ANC consider its support of the Friendship Baptist Church site. It was seconded by Commissioner LItsky.  In response to a question from Commissioner Johnson, Ms. Giordano said that the question of the interior use of the building would be taken up in the PUD.  Commissioner Hargrave stated that the new Friendship Baptist church has not been heard from, as to whether they have a proposal and what it is.  Commissioner Williams said that she was told that within 30 days the church would make its plans about the redevelopment or purchase/restoration known to the developer. 

 

Jacqueline Brown of Friendship Baptist Church stated that they were asked for their ideas as to what they would like to see in the interior of the church, and they were now in the midst of their 30-day response period.  The pastor will be in contact with Mr. Tanner within the 30-day period to discuss what the new Friendship proposes for the old Friendship.  Ms. Giordano reminded Ms. Brown that the hearing is October 28th.  Mr. Litsky asked how Ms. Brown would address the ANC’s motion, and she said that she wouldn’t interrupt the communication between Mr. Tanner and the pastor.  Mr. Assalaam reiterated that that the entire structure has been designated, and they’re planning on tearing down the additions.  He suggested that the ANC request a continuance until new Friendship Baptist Church has been heard from.

 

Reverend Butts said that he had not heard about a meeting with Mr. Tanner and asked that a vote be held off until things are clarified.  Commissioner Litsky suggested that communication between the church and developer be by letter rather than telephone so that there is record of what it is they are asking and what the developer is proposing.

 

Jerome Gray said that the building was designated in May, and they designated the entire building.  The 1960 addition was done by H.C. Woodson.  The HPRB instructed Mr. Tanner to make more space between the new building and the old building so the former would not overpower the latter.  In addition, the new design was not circulated before it was submitted.  He also mentioned that the pews and the organ had been removed.  The HPRB chair was also concerned about putting condominiums on the sanctuary floor.  He asked why the organ was removed from the sanctuary.  Ms. Giordano responded that the organ was under a leak.  The pews were removed because it was clear the building was no longer going to be used as a church.  The reason the developer did not return to the ANC because the changes that were made were all consistent with direction they had received from the ANC.  She said that if the ANC wants more time, they should ask the HPRB for a delay.  Commissioner Hargrave said that this issue has been going back and forth for eighteen months.  Motion: Commissioner Hargrave moved that the ANC request a delay in the HPRB hearing, and that the discussion be moved to the November ANC meeting, to give the situation with the church an opportunity to be clarified.  Commissioner Williams withdrew her original motion, and seconded Commissioner Hargrave’s.  Commissioner Johnson stated that he was not in favor of delaying the issue any further.   The motion was passed 6-0-1, with Commissioner Johnson abstaining.

 

5.      Waterfront Mall Development

The discussion began with an abbreviated version of the presentation that had been made at the last meeting by David Smith of Forest City Developers.  He introduced those who were present: Alvin Nichols of Fannie Mae; Beverly Wilbourn of Fannie Mae’s Community Partnership Office; Gretchen Dudney of Waterfront Associates.  He reiterated that the involvement of Fannie Mae allowed them to jumpstart the project, and considerably shorten the length of time planned for development.   Architect Shalom Baranes again described the project (see September minutes).

 

At the end of the presentation, Commissioner Hargrave expressed his pleasure at some of the things that are planned, but that the topic under discussion is the Land Disposition Agreement (LDA) involved with the sale of the land to Waterfront Associates by NCRC and RLARC.  Commissioner Johnson said that was true.  He said that the NCRC is part of a complex process of which the sale was the first element in a complex series of transactions, including the sale and public hearings on the PUD in the Spring about the architecture and the land use.  The RLARC has asked for ANC comment on the land sale.  He expressed his view that if it is done properly, it would be of greater benefit to the community.  He is presenting a report that, rather than presenting a position, asks relevant questions relating to the sale.  He said he would be willing to hold the project hostage if it means losing a grocery store for three years, and it is questions such as that have to answered before the sale moves forward.  The point of this is to provide comments to RLARC as it moves forward with City Council approval of the sale.  There is some time before a final decision is made, but these questions have to be answered before it moves forward. 

 

Commissioner Hargrave said that while the outline asked major questions, there are other issues relating to the PUD.  Commissioner Johnson said that there are a lot of issues that carries over to the PUD, but certain questions have to be answered prior to the sale.  Such issues as how Fannie Mae’s third party status will be enforced, since they have made promises to the community; what goes into the PUD and what into the LDA have to be addressed, and what the LDA can be used.  Additionally, the $17 million sale price is a bargain for the developers and a good deal for Fannie Mae, and the community should make sure that it is not being shortchanged gets its share back.  These issues should be brought up now rather than at the last minute.  For example, there should be guarantees that the 100,000 sq. ft. of retail the community has been promised doesn’t fall afoul of government security considerations down the road; and is the $5 million housing fund sufficient.  Motion: Commissioner Johnson moved that the ANC’s report be accepted and forwarded to NCRC as official comments on the projected LDA.  It was seconded by Commissioner Williams. 

 

Commissioner Hargrave asked whether approval of the document gives tentative approval to the LDA.  Commissioner Johnson responded that the report doesn’t endorse the LDA, which he does not want to do until the questions are answered.  Commissioner Litsky stated that he is not sure that the community’s concerns have been taken into account.  The community was told two years ago by the Mayor that there would be no loss of services during the construction.  The developers, however, have gotten rid of most of the stores at the Mall and now the community is going to lose the Safeway and the CVS.  Having been told that these things would remain, the community now learns that they will not be there.  The community has to be guaranteed that that won’t happen.  People can’t go on the bus for three years to shop.  The community has to know what’s going to happen.  Commissioner Johnson responded that he is in total agreement, but that before there is any endorsement of the land sale and the PUD it is necessary to have more information.  Commissioner Moffatt suggested that the ANC could say that it can’t support it if these things are not included.  Commissioner Hargrave suggested language that would offer a tentative agreement to support the project if certain things are explicitly included.  Commissioner Johnson said he was not happy with explicit approval of the land sale without knowing the details.  He doesn’t want to discourage it either, but cannot give explicit approval without having the questions answered.

 

Commissioner Litsky said that he liked the drawings, and the project looked much better than it did before, but he doesn’t like the idea that the whole thing is going to be constructed at the same time so that people’s services will be eliminated for three years.  Commissioner Williams added that it is too early to make a decision, and that is why she proposed hiring a consultant.

 

Richard Westbrook asked whether it is more beneficial for the City to hold the land or to sell it and get the taxes on the land.  Commissioner Williams said that that issue is not on the table because NCRC has already voted to sell the land.  She sees the issue as a choice between collecting less that $130,000 per year for 74 years in rent, or sell it to them. 

 

An audience member said that there should be a needs assessment, an environmental impact statement, and an assessment of the impact of the baseball stadium on the area and 4th Street, particularly traffic and parking.  Gene Solon questioned the number of parking spaces, and was told that Fannie Mae was providing 4,000 spaces.  Commissioner Williams compared that with the 1000 spaces being projected for the stadium and noted what impact that would have on the neighborhood.  Another community member mentioned that the new plan calls for a hook in 4th Street, which would interfere with the promised vista north on 4th Street.  Naomi Mitchell expressed her concern about accountability for jobs and affordable housing, and Commissioner Johnson said that those elements could be in the LDA or the PUD but that they had to be etched in stone before he would be satisfied.

 

Commissioner Litsky reiterated his concern that the parking spaces at Waterside would be used for baseball.  Gretchen Dudney stated that the parking was for Fannie Mae and would not be used for any other purpose.  The motion was approved 6-1, with Commissioner Hargrave in opposition.

 

7.   Public Space Permit for Department of Transportation Building

Approval for a public space permit was requested by the US Department of Transportation for bollards, trees and lay-bys for its building at the Southeast Federal Center.  There were no changes from their original plans.  Motion: Commissioner Williams moved to approve the public space permit for the US Department of Transportation.  It was seconded by Commissioner Siegel, and approved 8-0, with Commissioner Johnson absent.

 

8.   Liquor Licenses

Commissioner Siegel stated that Nation, whose liquor license is up for renewal, has no problems, and is in compliance.  Commissioner Litsky added that the owner of the property has gone to DCRA for permits to construct a ten-story office building.  Commissioner Williams said that since they spoke with them two years ago, there hasn’t been a single complaint.  Motion: A motion by Commissioner Siegel to take no action on Nation’s liquor license.  It was seconded by Commissioner Williams.  It was approved without objection.

 

Commissioner Litsky noted that there was an ABC hearing on Cantina Marina, and another of H2O at which he was to represent the Commission, and he needed letters signed by the Chairman in order to do so.  He was assured they would be forthcoming. 

 

9.   Fannie Mae Foundation Help the Homeless Walk Street Closing

Elizabeth Jordan presented the Fannie Mae Foundation’s plan to close part of Independence Avenue on October 20th for a benefit walk.  The street will be closed from 7:30.  It’s a rolling closure, and Independence Avenue is an early part of the walk.  Motion: Commissioner Williams moved that the ANC support the closing.  It was seconded by Commissioner Assalaam and passed without objection.

 

10.  21 N Street SE

Kenneth Wyban, the owner of a pre-Civil War house at 21 N Street SE, spoke about the history of the house, which was built by the owner of a brick yard at the site.  He discovered that slaves lived in the house.  The house is on the edge of the property being proposed for the new stadium, and would like to seek historic designation for the house, whether or not he can remain in it.  Commissioner Siegel added that Mr. Wyban has lived in the house for six years, that it is a beautiful house and preservation efforts, because of the stadium, have to move on a fast track. There are similarities between the house’s façade and that of Friendship Baptist Church.  Mr. Hargrave asked about how threatened the house is.  Mr. Wyban said that if the stadium were built with a pedestrian buffer around it, it would be possible to save the house.  Motion:  Commissioner Siegel moved that the ANC support the historic designation of the house at 21 N Street SW. It was seconded by Commissioner Williams, and passed 6-1, with Commissioner Hargrave voting in opposition.

 

    10.   Chairman’s Report

Motion:  Commissioner Assalaam moved the appointment of an ANC Advisory Committee comprised of former ANC 6D and 2D Commissioners. It was seconded by Commissioner Williams.  Commissioner Johnson suggested that standing committees be formed, which is another way to keep former Commissioners involved.  Commissioner Williams said that it would be helpful to call on the expertise of former Commissioners.  Commissioner Moffatt said that it should be made clear that Commissioners should be asked.  Commissioner Hargrave said that as a soon-to=be former Commissioner, that he hoped he wouldn’t be prohibited from offering input. The motion was passed without objection.

 

11.  Treasurer’s Report

Commissioner Siegel reported that the petty cash fund has $72.21, the savings account has $5,075.42, and the checking account has $29,667.57 for a total of available cash of $34,815.20.  Commissioner Siegel indicated that the following checks had been written: to Roberta Weiner in the amount of $443.28; to Roberta Weiner for $443.28; to DCPS for $43.66 to DCPS for $107.90 for the rental of Amidon School; to DOES for DC income taxes for 38.88; to US Treasury for $220.32; and to Verizon for $72.05.  He noted that there were two unauthorized debits on the bank statement in the amount of $38.90 each, and also indicated a letter from National Capitol Bank indicating they were not bank changes. Commissioner Hargrave asked about the absence of any payment to Millennium Arts Center, and was told that we no longer have to pay rent. Commissioner Siegel said the last time we paid rent was in July.  Motion:  Mr. Siegel moved that the Treasurer’s Report be accepted.  It was seconded by Commissioner Moffatt. and passed 5-1, with Commissioner Williams abstaining. 

 

Motion: Commissioner Assalaam made a motion to pay St. Matthews Church $150 for the use of their space of the Commission’s October 6th meeting.  It was passed without objection.

 

12.  Administrative Assistant’s Report

Ms. Weiner reported that the City Council had passed a bill regulating the use of motor bikes in the City; that hearings were coming up on October 39 on the sale of the Millennium Arts Center to the Corcoran Gallery’ and that two liquor license applications would be on next month’s schedule.  Commissioner Williams asked that Ms. Weiner keep detailed telephone records.  She also discussed the issue of office space.  Commissioner Assalaam mentioned the condition of the office space, and the need to have someone do repairs if we are going to remain there.  Motion: Commissioner Williams moved that the Administrative Assistant should be tasked with looking for new office space.  Commissioner Litsky asked how many hours she thought it would take, whether there would be travel involved, and asked that Ms. Weiner be compensated for any extra time involved in the search.  Ms. Williams stated that if it were going to take any extra hours she would withdraw her motion.  Commissioner Williams said she would undertake a search if it is going to cost any more money for the Administrative Assistant.

 

Commissioner Johnson stated that if Ms. Weiner is expected to take minutes at the SWNA meeting and the ANC meeting, she could be compensated for them.  Commissioner Assalaam said that volunteers should be taking some of those jobs.  There was a discussion of how volunteers should be used in the office and that guidelines should be developed to utilize volunteers to share in the responsibilities of the office. 

 

Motion: Commissioner Litsky moved that the Administrative Assistant be paid up to ten hours for taking minutes and transcribing them for the October 25 meeting on the baseball stadium.   Commissioner Assalaam stated that the Administrative Assistant has not done her job as he wanted, that she has not followed the work plan approved by the Commission, and that as her supervisor, he has not been able to get things done as he wanted.  As chair of the ANC, he was given the responsibility of supervising the AA and the job has not been done to his satisfaction.  The motion passed 5-2, with Commissioners Assalaam and Williams voting in opposition.

 

13.   Minutes

The minutes for the October 18th meeting were approved, with minor amendments, by a vote of 6-0-1 with Commissioner Williams abstaining.  The minutes for the meeting on October 6 were accepted, after a discussion about removing the names of the speakers, which was approved.

 

14.  Audience Comment

Dick Westbrook commented on the location of the baseball park, and strongly supported the location at RFK Stadium, and the reasons for not selecting it have not been discussed, and mentioned a meeting with community representatives that had been held

 

Commissioner Assalaam stated he did not call the meeting and did not attend the meeting, and it was not an ANC 6D meeting. The city had called another member of the Commission instead of the Chair to schedule the meeting, and it was a secret meeting without proper notification of the Chair.   Commissioner Litsky stated that he had called the Mayor’s Office, not the other way around, and he had done so because there had been no action on the part of the Chair to schedule the meeting, which had been promised at the first meeting that was held.  It was attended by four Commissioners, and two unopposed candidates for the Commission.  There were about 15 representatives from the City, as well as from Councilmember Ambrose’s office. Commissioner Assalaam responded that it was nothing but disrespect and racism because the City wants to shove the stadium down there where only poor people live, and the Commission will attend meetings with City officials and without the participation of the Chair and other Commission members, will vote 4-3 to approve it, which is disrespectful to the Chair and to the community.

 

The meeting was adjourned 10:15 pm.

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

554-1795 n FAX 554-1774

office@anc6d.org