ANC and Developer Conspire to Exclude Community from McMillan Community Benefits Agreement

The District of Columbia Government hired a development consultant to promote a proposal to develop historic landmark McMillan Park into high-rise medical office buildings and a private housing complex. In December 2013, that company, Vision McMillan Partners (VMP), encouraged the responsible Advisory Neighborhood Commissioner (ANC) to exclude the McMillan Advisory Group (MAG) from participating in preparing and negotiating a Community Benefits Agreement (CBA) that would accompany the development proposal’s zoning application. Documents obtained as the result of a Freedom of Information Act (FOIA) request concerning the project revealed this disturbing information.

Tania Jackson, head of VMP subcontractor community outreach firm Create Communitas, advised ANC Dianne Barnes (SMD 5E09) on December 6, 2013 against sharing with the MAG a draft CBA prepared by VMP. The MAG is a group established by the District Government, VMP, and representatives of all local community groups affected by the McMillan Park development proposal to represent local community interests.

According to a 2007 Letter of Commitment that created the MAG and that was signed by all parties, the purpose of the Group is to work with all concerned stakeholders “to develop a detailed community amenities package” among other specific goals. Commissioner Barnes, a MAG representative by virtue of her position as the ANC for the immediate neighborhood, was also Chair of ANC 5E at the time of the December 2013 incident. Ms. Jackson instructed the ANC that the CBA would be worked out directly between VMP and the ANC 5E Commissioners only, directly and deliberately excluding the MAG from the process. Commissioner Barnes clearly implemented Ms. Jackson’s direction given the lack of MAG role in the CBA crafting.

Independently, the MAG worked diligently from December 2013 to April 2014 to prepare a proposed CBA for the project in accordance with the MAG charter, including comments provided by all member groups in the community. Throughout this time, the MAG was unaware that the ANC had no intention of including the MAG’s CBA, or even looking at it. ANC 5E then approved the CBA prepared by VMP, blindsiding the entire community represented on the MAG. The CBA produced by VMP that ANC 5E later presented to the DC Zoning Commission bears little resemblance to the MAG CBA.

Kirby Vining was represented in the law suit that produced these documents by Don Padou, a lawyer who specializes in FOIA cases.

To review the files on which the above article is based, see documents numbered 000138, 000139, and 000147 located in the “Barnes FOIA Documents” folder at the following address:

McMillan Park Identity 2 - Cropped

Leave a Reply