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Federation of Citizens Associations of the District of Columbia
West End Development Resolution
July 17, 2007

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Federation of Citizens Associations of the District of Columbia

July 18, 2007

Via e-mail

Honorable Adrian M. Fenty
Mayor
District of Columbia
John A. Wilson Building
1350 Pennsylvania Ave., N.W.
Washington, D.C. 20004

Honorable Vincent C. Gray
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Ave., N.W.
Washington, D.C. 20004

Re: Resolution Regarding “Square 37 Excess Property Disposition Emergency Approval Resolution of 2007”

Dear Mayor Fenty, Chairman Gray and Councilmembers:

At a duly called meeting of The Federation Citizens Association of the District of Columbia on July 17, 2008, with a quorum present, the Federation unanimously passed the following resolution:

WHEREAS the Federation of Citizens Associations of the District of Columbia (Federation) which represents its 50 member associations, believes that public facilities and property, such as fire and police stations, public libraries, schools, recreation centers, parks and similar facilities and property, are essential to the health and well being of the citizens of the District of Columbia and to the economic vitality of the city; and

WHEREAS good planning requires assessments of future estimates on potential future public facility needs, size and potential consolidation of these public facilities by required site area, size, and location in the city as a whole and by neighborhood; and

WHEREAS Washington, D.C. is a planned city and part of that planning included the acquisition, whether through purchase or from the Federal Government, land for schools, libraries, parks, streets and other government facilities that is strategically located throughout the city; and

WHEREAS such facilities and property are public properties in which the citizens and taxpayers of the District of Columbia have a direct and substantial financial investment and interest; and

WHEREAS no public property or facility should be disposed of without an in-depth planning process including the development of a master facilities plan, capital budget and detailed guidelines and controls covering all aspects of the disposition process; detailed plans for the continued provision of the services provided by such facilities to the neighborhoods and residents and comprehensive assessments of future needs, and full and well noticed public hearings in the affected community and before the Council authorizes such disposition; and

WHEREAS it is prudent to reserve public lands where possible to avoid diminishing public facility assets and the reservoir of public lands because these resources may be needed in the future for public purposes, including public facility expansion or consolidation;

WHEREAS because the disposition of such public properties and facilities requires in-depth analysis, consultation with affected communities and agencies that ensures the continued provision of the affected public services to the affected communities, it should never be approved on an “emergency” basis; and

WHEREAS the Federation is very concerned that the process used in this case may have citywide implications, set precedents and possibly subject the District of Columbia to significant financial damage claims if the proposal needs revision:

NOW, THEREFORE, BE IT RESOLVED that the Federation strongly urges that the Mayor not sign or approve any Land Disposition Agreement, make any further commitments, or take any further action with regard to Resolution 17-393, the “Square 37 Excess Property Disposition Emergency Approval Resolution of 2007,” passed by the District of Columbia Council (Council) on July 10, 2007, regarding the disposition of the West End Library, Fire Station #1 and the Metropolitan Police Department Special Operations Division Station; and urges the Mayor to immediately request that the Council: (1) immediately and specifically rescind the grant for any development rights for such public properties; and (2) properly notice and conduct public hearings on the proposed disposition of such existing public facilities and the plans for replacing them; and

BE IT FURTHER RESOLVED THAT the Mayor and the Council disclose all relevant financial analyses, facilities plans and detailed and specific reasons why these public facilities need to be rebuilt rather than refurbished, including the analyses required by law under DC Code §10-801(b-1) prepared by the Mayor of the economic factors that were considered in proposing the disposition of the real property, including, when appropriate the chosen method of disposition, and how competition was maximized; and that any resolution or legislation of the Council regarding the disposition of such public facilities should direct the Mayor, after consultation with the affected agencies, communities, and advisory neighborhood commissions, to solicit in a transparent manner competitive bids for the properties to be sold and for the construction of replacement facilities; and

BE IT FURTHER RESOLVED THAT before any further disposition of District Government property and facilities, the Council should Direct the Mayor to complete and publicly publish the full inventory of all such property and facilities as required by law in DC Code §10-807; develop a comprehensive Master Facilities Plan and capital budget for all such property and facilities as required by DC Code §10-1031; constitute the Master Facility Planning and Program Coordination Advisory Committee as required by law in DC Code §10-1031; and develop detailed procedures and guidelines for the disposition of such property and facilities; and

BE IT FURTHER RESOLVED THAT the Mayor disclose any and all legal opinions or analyses from the Office of the Attorney General or the Office of the General Counsel concerning the emergency nature of the resolution or its legality under DC law;

BE IT FURTHER RESOLVED THAT the Federation’s President or his designee is authorized to revise this resolution as appropriate and transmit it to the Mayor and Council.

Respectfully submitted,
George R. Clark
President
202-331-3200
GRClark@GeorgeRClark.com

cc: D.C. Council Members

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