Conservative Group’s Community Benefits Package Advances to Full ANC6B
by Larry Janezich
Posted May 10, 2024
Thursday night, ANC6B’s Planning and Zoning Committee voted to support the community benefits package its Alley Closing Subcommittee had negotiated with the Conservative Partnership Institute (CPI) to compensate the community for loss of access to public space by privatizing the alley behind the former Capitol Lounge on the 300 block of PA Avenue, SE. The building, now owned by CPI, along with adjacent buildings is the headquarters of the Institute.
The vote on the motion to support the benefits package along with supporting the application to close the alley and forward the language to the full ANC was 8 – 5 – 0. Also included was a recommendation that the Community Benefits Agreement be incorporated into any legislation the city council passes approving the alley closing.
The most significant benefit is a $100,000 grant to the Capitol Hill Community Foundation for the benefit of other community organizations. The ANC struggled to find a recipient for the funds. selected the Foundation as an organization that would best serve the Capitol Hill community. (See Sroufe comment below.)
In addition, the proposal was controversial for two other reasons. Resident members of the committee objected to the lack of language limiting use of the courtyard (which is planned after closing the alley) during the period of time close to the presidential inauguration. They spoke of nearby neighbor’s fears of how the space could be used in another January 6 insurrection incident. Such language was part of the negotiations, but did not make it into the final agreement.
The second reason – one which some ANC Commissioners had concerns about – had to do with language in the agreement, as follows:
“Until the DC Council votes to approve or reject the alley closing, a representative of the ANC will periodically contact DC’s Ward Six Councilmember to urge Council approval of the alley closing.”
Two Commissioners – Frank Avery and Kasie Durkit – opposed the language. Avery’s opposition was based on a fundamental principle that government can’t encumber itself and basic contract law requires a termination date. Durkit’s concern went to whether the ANC usually follows up with urging action in a written agreement like this and that the requirement appears to be novel. She said she agreed with a resident who characterized the requirement as a “bridge too far.”
Committee Chair Frank D’Andrea said that while it was not impossible to re-open negotiations to tweak the language, it would be “a tough lift,” and suggested that the best way to proceed was to vote on the pending motion and if that failed, to then decide how to proceed.
Earlier in the meeting, Commissioner David Sobelsohn opened the discussion with a statement on the importance of honoring the Constitution. He said there were few who liked the applicant for – among other things – supporting politicians who ignore the Constitution. But, he said, “We’re Americans and must follow our principles…the Constitution requires equal treatment – communists and fascists have equal rights and the right to equal treatment from government, including the ANC…it can’t matter if CPI support unconstitutional principle – we can’t take that into consideration. Government discrimination on the basis of belief is un-American….We were in negotiations for months – not once did ideology affect our negotiation positions. We treated them exactly as we would have treated any other property owner trying to close a dead end alley.
As above, the Committee voted to support the benefits agreement and associated recommendations to the full ANC which will meet next Tuesday May 14, to consider the matter.
Here’s how the roll call vote broke down:
In favor: Commissioners Sroufe, Sobelsohn, D’Andrea; Resident Members Rutkowski, Smith, Girod, Jarboe, and Holman.
Opposed: Commissioners Avery and Durkit; Resident Members Friedman, Robertson, Bruggman.
Not voting: Resident Member Taylor.
Here’s a link to the full text of the community benefits agreement: https://bit.ly/3JDye8F