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DUPONT CIRCLE CITIZENS ASSOCIATION P.O. Box 73616 Washington, DC 20056-3616 Sept 10, 2007 Via e-mail Honorable Adrian M. Fenty Honorable Vincent C. Gray Re: Resolution Regarding "Square 37 Excess Property Disposition Emergency Approval Resolution of 2007` Dear Mayor Fenty, Chairman Gray and Councilmembers: At a regularly scheduled board meeting of The Dupont Circle Citizens Association of the District of Columbia (DCCA) on August 29, 2007, with a quorum present, the DCCCA board unanimously passed the following resolution: WHEREAS, in late June 2007, the Mayor submitted for consideration by the Council of the District of Columbia (Council) two proposed emergency legislative proposals ("Squares 37 and 50 Excess Property Disposition Emergency Declaration Resolution of 2007" and "Squares 37 and 50 Excess Property Disposition Emergency Approval Resolution of 2007"); and WHEREAS, with questionable public notice, on July 3rd, two Committees of the Council held a Joint Public Roundtable on the possible "disposition" of three functional public facilities -- the West End Branch Library (Library) and West End Fire Station (fire station) in lots in Squares 37 and 50 as well as the Special Operations police station in Square 37 as excess property to a no-bid, sole-source, pre-selected, single private beneficiary: and WHEREAS, on July 10th, the Council passed by a 12-1 vote a Resolution (#17-288) declaring an emergency and by a 12-1 vote a Resolution (#17-289) awarding alt three lots to Eastbanc, Inc., to build a new public library and a new public fire station, and affordable housing, on the condition that the Mayor submit for a 45-day review period by the Council a proposed Resolution to approve a Land Disposition Agreement (LOA): and WHEREAS both Resolutions (#17-288 and #17-289) took effect immediately, i.e., on July 10th; and WHEREAS. the appropriate ANCs were not made aware of the joint Public Roundtable until after it had taken place and were not made aware of Resolutions #17-288 and #17-289 in time to effectively submit comment, which, under law, would have been afforded "great weight"; and WHEREAS, the Dupont Circle ANC passed a resolution calling for "recission" of both emergency resolutions, and WHEREAS DCCA 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 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 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; and 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, if a planning process were followed, the West End Library would not be considered for closure while the surrounding libraries in Georgetown, Shaw, and Tenleytown are closed and shortly Mt. Pleasant library will close; and WHEREAS DCCA 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 is rescinded; NOW, THEREFORE, BE 1T RESOLVED that DCCA 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,.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 DCCA advises the City Council to both immediately rescind and promptly urge the mayor to reconsider the manner and process of any disposition of the West End Library and Fire Station to any single beneficiary so that the public can properly comment on any potential disposition or transformed use of that public property. BE IT FURTHER RESOLVED THAT DCCA requests that the Mayor not submit any further LDAs until the Council has reversed its July 10th actions on the West End properties and that the Mayor reconsider the process under which our public property assets are handled, including incorporation of due process for affected communities, as required by Title 10 of DCMR. 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 § 410-801(b-1) to be 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 DCCA's President or his designee is authorized to revise this resolution as appropriate and transmit it to the Mayor and Council. Respectfully Submitted, |
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