GOVERNMENT OF THE DISTRICT OF COLUMBIA HISTORIC … · 2017-08-17 · (202) 234-4433 Washington DC...

(202) 234-4433 Washington DC www.nealrgross.comNeal R. Gross and Co., Inc.

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GOVERNMENT OF THE DISTRICT OF COLUMBIA

HISTORIC PRESERVATION REVIEW BOARD

HEARING

-------------------------------:IN THE MATTER OF: : : Application of Vision McMillan : HPA 14-393Partners, LLC, and the District: HPA 15-133of Columbia Office of the :Deputy Mayor for Planning and :Economic Development :-------------------------------:

Friday, July 14, 2017

The meeting of the District of ColumbiaHistoric Preservation Review Board convened inRoom 220 South at 441 4th Street, N.W.,Washington, D.C., 20001, pursuant to notice, at10:00 a.m., Peter Byrne, presiding.


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APPEARANCES:

On Behalf of the Applicants:

CAROLYN BROWN, ESQ.Donohue and Stearns, PLC1750 K Street, N.W.Suite 12-34Washington, DC 20006(202) [email protected]

Contesting the Applicants:

ANDREA C. FERSTER, ESQ.2121 Ward Court, N.W.Fifth FloorWashington, DC 20037(202) [email protected]


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CONTENTS

WITNESS PAGE

Brian Kenner . . . . . . . . . . . . . . . . . . .25

Chris Ruiz . . . . . . . . . . . . . . . . . . . .89

Emily Eig. . . . . . . . . . . . . . . . . . . . 106

Matt Bell. . . . . . . . . . . . . . . . . . . . 124

Adam Weers . . . . . . . . . . . . . . . . . . . 212

Len Bogorad. . . . . . . . . . . . . . . . . . . 240

Aakash Thakkar . . . . . . . . . . . . . . . . . 251

Shane Dettman. . . . . . . . . . . . . . . . . . 286

Cross Examination of Witnesses . . . . . . . . . 314

Adjourn. . . . . . . . . . . . . . . . . . . . . 478


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1 P-R-O-C-E-E-D-I-N-G-S

2 10:03 a.m.

3 DR. BYRNE: Good morning, ladies and

4 gentlemen. My name is Peter Byrne and I am the

5 designated Mayor's agent hearing officer for this

6 matter which addresses a remand from the Court of

7 Appeals on applications to demolish underground

8 cells and an application to subdivide at the

9 McMillan sand filtration site at 2501 First

10 Street, NW, for the construction of a mixed use

11 project.

12 These applications are assigned

13 Historic Preservation Act numbers 14-393 and 15-

14 135.

15 The case is being heard under the

16 authority of D.C. law 2-144 the Historic Landmark

17 and Historic District Protection Act of 1978.

18 This law requires the Mayor or her

19 agent to review proposed subdivisions and permit

20 applications for demolition, alteration, and new

21 construction on the site of historic landmarks or

22 within historic districts.


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1 Previously the Mayor's agent cleared

2 permits for the demolition of cells on April 13,

3 2015 and for the subdivision on August 14, 2015.

4 On December 8, 2016 the D.C. Court of

5 Appeals vacated those decisions and remanded the

6 cases for more specific findings under corrective

7 legal standards.

8 On January 11, 2017 the Mayor's agent

9 issued an order setting the issues to be

10 addressed on this remand.

11 In that order it was said that the

12 issues were four.

13 Number one, do the proposed projects

14 Historic Preservation Act as taken as a whole

15 outweigh its historic preservation harms.

16 In addressing this question the

17 parties are requested to provide legal analysis

18 as to how such an inquiry should be conducted

19 consistent with the act.

20 Number two, what are the specific

21 architectural land planning and/or community

22 benefits that individually or collectively may


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1 make this a project with special merit within the

2 meaning of D.C. Code 6-110211.

3 Three, is the proposed demolition and

4 subdivision necessary to obtain the special merit

5 benefits identified. Could an economically

6 viable mixed use development meeting the goals of

7 the comprehensive plan be constructed on the site

8 with less demolition and no subdivision.

9 Let me note there that although it

10 says no subdivision I understand the point being

11 as raised by Ms. Ferster in her brief less

12 subdivision is also relevant.

13 Number four, are there reasonable

14 alternatives that would achieve the same special

15 merit benefits that would avoid or reduce the

16 need for demolition or subdivision.

17 So the parties in this proceeding may

18 present testimony and evidence supplementary to

19 the existing record and legal argument, and in

20 doing so are enjoined to coordinate presentations

21 and to remain within the scope of the issues

22 stated in that order.


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1 Everything that has been entered into

2 the record in the prior cases remains in the

3 record. And I ask the parties to please try to

4 avoid duplication.

5 This hearing will be conducted in

6 conformance with the D.C. Administrative

7 Procedure Act and Title 10C of the District of

8 Columbia Municipal Regulations which contain the

9 rules of procedure for the Mayor's agent pursuant

10 to the preservation law.

11 They don't specifically address

12 process on remand so these must be set by the

13 Mayor's agent.

14 The order of proceeding and

15 presentation of evidence shall be as follows.

16 We'll have the consideration of pending motions

17 and other procedural matters.

18 We'll move to a presentation of the

19 applicant's case. We'll have any reports or

20 statements by public agency representatives.

21 We'll have presentation by the parties

22 in opposition to the applications. We'll have


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1 time for brief statements by other persons either

2 in support of or in opposition to the application

3 within the terms of the remand.

4 Six will be rebuttal by the applicant

5 and seven will be sur rebuttal by the parties in

6 opposition to the application.

7 And the parties will have until

8 September 8, 2017 to submit proposed findings of

9 fact and conclusions of law.

10 So, there is a motion that is before

11 the Mayor's Agent to disqualify the current

12 Mayor's Agent as the director of the Office of

13 Planning and also to disqualify the Mayor's Agent

14 hearing officer based upon an argument that the

15 structural relationship of those parties to one

16 of the applicants makes proceeding by us

17 inconsistent with due process or the ECE

18 Administrative Procedure Act.

19 It's based essentially on structural

20 matters.

21 The director of the Office of Planning

22 is essentially a subordinate of the Deputy Mayor


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1 for Planning and Economic Development which was

2 an applicant in this case.

3 The director of the Office of Planning

4 as the Mayor's Agent has to sign off on all

5 Mayor's Agent substantive decisions, final

6 decisions.

7 The argument continues that any

8 independence by the Mayor's Agent hearing officer

9 doesn't cure this problem because the director of

10 the Office of Planning as the Mayor's Agent must

11 confirm decisions even if the hearing officer has

12 prepared proposed findings of fact and

13 conclusions of law.

14 There's no claim of personal bias or

15 personal interest in the matter. The issues are

16 addressed as structural.

17 And I'm going to deny this motion and

18 I'm going to give brief reasons now and we'll

19 supplement them when the time comes to write

20 proposed findings of fact and conclusions of law.

21 Now, the structure here provides that

22 these cases involving demolition of a subdivision


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1 are handled by the Mayor, and the Mayor has

2 always delegated this to a variety of Mayor's

3 Agents over the years.

4 It has been the director of the Office

5 of Planning now for a number of years pretty much

6 since the Historic Preservation Office went into

7 the Office of Planning.

8 Initially after that the director of

9 the Office of Planning herself at the time was

10 Harriet Tregoni adjudicated a number of these

11 cases personally.

12 And this was found to be awkward,

13 time-consuming and the director of the Office of

14 Planning is not a lawyer which is a disadvantage

15 in this case.

16 But the director -- so at that point

17 the Historic Preservation Office had the idea of

18 enlisting essentially a neutral party, and their

19 idea was a law professor who had written about

20 and taught Historic Preservations Act as the

21 Mayor's Agent.

22 I am not an employee of the District


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1 of Columbia. I am a contractor paid a modest

2 honorarium to do these cases and I prepare draft

3 findings of fact and conclusions of law that the

4 Mayor's Agent must confirm.

5 And if you look at the orders that's

6 the way it's styled, confirms the proposed

7 findings of fact and conclusions of law.

8 Under the Mayor's delegation to the

9 director of the Office of Planning he must remain

10 free to make his own decision to accept or reject

11 my proposal.

12 However, under my contract I did not

13 sign any changes that the director of the Office

14 of Planning may make and can in fact resign if in

15 my sole judgment the Office of Planning has lost

16 confidence in my performance.

17 So, turning to the specific reasons

18 for rejecting the motion, number one, under the

19 existing precedents the director of the Office of

20 Planning should not be disqualified.

21 The leading precedent here for short

22 is the Rhodes Tavern case decided by our court of


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1 appeals in 1981.

2 And in that case it was a private

3 development of the property now known as

4 Metropolitan Square which involved the demolition

5 of the Rhodes Tavern which had been the first

6 city hall in Washington, D.C. It was a very

7 controversial case.

8 The Mayor Marion Barry had made very

9 strong statements in support of demolition of

10 Rhodes Tavern in order for the project to go

11 forward.

12 The opponents of the demolition argued

13 that the Mayor's Agent could not fairly

14 adjudicate the case because they were a D.C.

15 employee who were subservient to the Mayor.

16 However, in the case the D.C. Court of

17 Appeals rejected that view finding no merit in

18 the claim.

19 They said that the issue was not the

20 structural relationship among the parties between

21 the decision-maker and the Mayor, but that the

22 issue really turned on whether the decision-maker


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1 had been the recipient of ex parte communications

2 from an advocate of one of the parties who had a

3 personal interest or bias on the part of the

4 decision-maker.

5 In the absence of either of these

6 circumstances we cannot conclude the petitioner

7 was denied due process.

8 And the court looked at the record in

9 the case and found that it had been decided based

10 upon reasonable findings of fact and conclusions

11 of law.

12 Subsequently in the Third Church of

13 Christ Scientist case is a Mayor's Agent matter

14 where the director of the Office of Planning in

15 fact acted as the Mayor's Agent, hearing officer

16 and Mayor's Agent just herself.

17 The parties argued that she should be

18 disqualified and she rejected that based upon the

19 Rhodes Tavern case.

20 And I note that in the case that is

21 colloquially referred to as the Big K case which

22 involved properties on Martin Luther King, Jr.,


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1 Avenue in Southeast Washington the Deputy Mayor

2 of Planning and Economic Development was an

3 applicant in the case before me as the Mayor's

4 Agent.

5 And that was in my decision in favor

6 of altering the historic properties was confirmed

7 by the director of the Office of Planning.

8 So this is something which has

9 existed. So that this is the pattern that the

10 law lays down and has been followed over time.

11 The distinction drawn by Friends of

12 McMillan Park here is that when deputy is an

13 applicant the situation is different.

14 The argument in some sense is that the

15 Deputy Mayor of Planning and Economic Development

16 has an economic stake in granting the permit.

17 And they point to statements in the

18 applicant's brief about the economic benefits

19 that can come from the project.

20 And here they seem to be linking up

21 with the statements by the court of appeals that

22 the case is different if there is an individual


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1 interest in the outcome of the case.

2 But these benefits are in no way

3 personal to the Deputy Mayor, or to the Office of

4 Planning, or to the Mayor for that matter.

5 The economic benefits alleged are the

6 fruits of a development that benefit the District

7 of Columbia as a whole through the typical

8 benefits of -- the economic benefits that come

9 from any development.

10 It is alleged and we are going to talk

11 further about the fact that there are other

12 benefits here which are not monetary.

13 But those benefits are the same as

14 would exist in a project like Metropolitan Square

15 which would generate jobs, employment, and tax,

16 real estate tax, tax benefits.

17 The interest of the Deputy Mayor is in

18 the implementation of policy initiatives believed

19 rightly or wrongly to benefit the District of

20 Columbia as a whole. As such it's no different

21 from the Rhodes Tavern case.

22 The second and independent point, that


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1 even if I am wrong in my analysis of the

2 application of Rhodes Tavern the fair process is

3 provided here by the participation of the Mayor's

4 Agent and the hearing officer.

5 I have no stake at all in the outcome

6 of this case except for my reputation as a

7 scholar, as an expert in historic preservation.

8 And any indication that my decision

9 was other than on the merits would be frankly

10 disastrous to my professional reputation.

11 I can walk away from this job at any

12 moment and it probably would improve my economic

13 position.

14 If the Friends of McMillan Park say

15 that this doesn't avoid the problem because the

16 Mayor's Agent who is the director of the Office

17 of Planning must sign all the substantive orders.

18 But I sign also and I would not, nor

19 would my interest be served by signing any order

20 that I thought was inconsistent with my

21 professional opinion and my contract preserves my

22 right to do that.


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1 So in my view this check provides an

2 independent structural assurance that the

3 decision-making process in this case is

4 consistent with the rights of everyone provided

5 by the District of Columbia Administrative

6 Procedure Act.

7 Are there any other motions or

8 procedural matters to take up before we move to

9 the applicant's case? Ms. Brown?

10 MS. BROWN: Good morning, Mr. Byrne.

11 I did have one clarification question about

12 whether or not our request to amend the

13 application to include the consistency test was

14 specifically granted or if that will be held till

15 the order is issued.

16 DR. BYRNE: No, that is granted. I

17 should have been more explicit in the order that

18 I issued.

19 MS. BROWN: Thank you.

20 MS. FERSTER: Good morning, Professor

21 Byrne. Andrea Ferster for Friends of McMillan

22 Park. I have two preliminary questions really.


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1 One is that in your order basically

2 allowing the applicants to -- granting the

3 applicant's motion to address issue number one in

4 our view it essentially opens up -- takes the

5 position that the applicant is free to re-

6 litigate issues that had already been addressed

7 or resolved during the prior hearing that were

8 not subject to appeal.

9 And in that case the Friends of

10 McMillan Park wish to also introduce evidence

11 through a witness on the issue of the condition

12 of the cells which was an issue as you know that

13 we did project evidence on before the Mayor's

14 Agent but we did not appeal that issue before the

15 D.C. Court of Appeals.

16 So in light of the opportunity now to

17 revisit issues that were previously resolved we

18 would ask at this point if you would entertain a

19 motion in limine to allow our structural engineer

20 Susan Burmeister to return to testify on the

21 issue of the cells in order to supplement the

22 testimony that she had previously issued.


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1 Because this issue has come up quite

2 late because we think that prior to when you

3 issued your decision on the 12th we -- or 13th I

4 think it was. Anyway, we did not understand that

5 we would have that opportunity.

6 So we contacted Susan Burmeister and

7 very fortunately she is available to testify

8 today. But she is on standby.

9 And so what I would like to do if you

10 are willing to entertain the testimony of Susan

11 Burmeister as our expert witness to supplement

12 her original testimony on the issue of the

13 structural condition of the cells and the ability

14 to adaptively reuse them and stabilize them then

15 we would immediately let her know so that she

16 could be made available during the appropriate

17 time of our testimony.

18 That's my first issue which would be

19 essentially in the form of a motion for you to

20 rule on the admissibility of that evidence.

21 DR. BYRNE: Would you say that this

22 goes to any of the before issues specified.


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1 MS. FERSTER: It definitely goes to

2 the issue of alternatives. Because of course one

3 of the alternatives that we have presented during

4 the demolition proceeding were the alternative

5 adaptively reusing the cells.

6 But then again since we had not

7 appealed that issue to the court of appeals and

8 the court of appeals didn't address it we had

9 been assuming previously that we would not be

10 permitted to reopen that issue.

11 But at this point it seems that that

12 opportunity now exists.

13 MS. BROWN: I don't have an objection

14 to it.

15 MS. FERSTER: And I have one other

16 request and that is in light of the careful

17 decision, bench decision that you've just

18 rendered on our motion to disqualify, in light of

19 the fact that part of the evidentiary basis for

20 your decision was your contract with the Office

21 of Planning I would ask that you make that

22 contract part of the record, of course redacting


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1 any personal information that you think is

2 inappropriate.

3 DR. BYRNE: Sure. I have no problem

4 with that.

5 Okay, good. I think then we're ready

6 for -- Mr. Otten.

7 MR. OTTEN: Good morning, Mr. Byrne.

8 I just wanted to check in. Chris Otten

9 representing D.C. for Reasonable Development here

10 to present our case today.

11 DR. BYRNE: Okay, thank you.

12 MS. FLOYD: Following up on Chris's

13 introduction I'm Elizabeth Merritt representing

14 the National Trust which is also a party in

15 opposition. Thank you.

16 DR. BYRNE: Okay. I'm wondering to

17 what extent the opponents have had an opportunity

18 to coordinate their presentations as I had

19 requested in my order of January 11.

20 Well, let's leave that as a rhetorical

21 question.

22 MS. BROWN: I'll get my witnesses up


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1 here at the table and we'll get started.

2 Good morning again. For the record my

3 name is Carolyn Brown with the law firm of

4 Donohue and Stearns on behalf of the applicant

5 Vision McMillan Partners.

6 To my left is the attorney

7 representing the Office of the Deputy Mayor for

8 Planning and Economic Development. He will make

9 a brief statement but I am here to present the

10 case on behalf of both parties that are the

11 applicant.

12 MR. LANE: Hello, my name is Matthew

13 Lane. I'm with the Public Interest Division of

14 the Office of the Attorney General. As Ms. Brown

15 said representing the Deputy Mayor's Office.

16 And I just wanted to confirm that

17 there have been questions raised as to whether

18 previous filings were filed properly on behalf of

19 both parties.

20 And I do want to confirm that the

21 Deputy Mayor's Office is in support of the

22 previously filed documents and we are ready to


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1 move forward at this point.

2 DR. BYRNE: Thank you, Mr. Lane.

3 MS. BROWN: Thank you for the

4 opportunity for us to be here today. We have

5 eight witnesses that are going to address the

6 four remand issues that you identified in your

7 January 11 scheduling order.

8 In order to establish the foundation

9 for some of these remand issues we may present

10 some testimony that is somewhat repetitive but

11 we're trying to limit it as much as possible.

12 But we believe it's important to make

13 sense of our arguments, and certainly for some of

14 the people in the room that haven't been here

15 before.

16 But again we're going to try to keep

17 it to a minimum.

18 With respect to remand issue number

19 one we believe the court of appeals clearly told

20 us that the balancing of the net preservation

21 benefits against the net preservation harms does

22 have to be considered under the consistent test.


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1 And I believe that is a clear holding

2 of the case as opposed to dicta.

3 If a future applicant pursued

4 demolition under the special merit test and

5 claimed the balancing test between harms and

6 benefits of the preservation features I think it

7 would have to be thrown out under the decision

8 that the court rendered.

9 So our evidence today will show that

10 the net preservation gains far exceed the

11 preservation losses particularly in light of the

12 deteriorated and unstable condition of the

13 underground features to be demolished and their

14 ubiquitous and inaccessible qualities.

15 With respect to remand issue number

16 two, the special merit features of the project

17 our witnesses will explain what we believe are

18 the special merit features of the project.

19 For your convenience we have prepared

20 a list which I'll hand out in a moment which

21 succinctly lists what we think those special

22 merit features are.


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1 We have also expanded on the economic

2 and positive fiscal impacts that the court

3 indicated could contribute to special merit.

4 I know you had a ruling in your

5 footnote saying that you didn't want to consider

6 that, but I think particularly as it pertains to

7 the healthcare facility that the court asked for

8 clarification on that I think it's relevant.

9 Finally, our witnesses will address

10 the necessity of demolition and the alternatives

11 explored under remand issue number three and

12 four.

13 With that I would like to turn to our

14 first witness Mr. Brian Kenner, the Deputy Mayor

15 for Planning and Economic Development.

16 DR. BYRNE: Good morning, Mr. Kenner.

17 MR. KENNER: Good morning.

18 DR. BYRNE: So, as the Mayor's Agent

19 here because it's a contested case we ask the

20 witnesses to swear to tell the truth.

21 So could I at this point then ask all

22 of the applicant's witnesses if you'll please


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1 cooperate with me here and just -- you don't have

2 to come up, but if you just raise your hand

3 please.

4 (Whereupon, the witnesses were sworn)

5 DR. BYRNE: Thank you all. Please

6 proceed, Mr. Kenner.

7 MR. KENNER: Good morning, Mr. Byrne.

8 My name is Brian Kenner. I am the Deputy Mayor

9 for Planning and Economic Development.

10 On behalf of the Bowser Administration

11 I am privileged to be here today to voice our

12 continued and unwavering support for the McMillan

13 development project.

14 Thank you for conducting this hearing

15 to address the decision from the D.C. Court of

16 Appeals.

17 My testimony this morning will focus

18 on issue two with relation to the specific land

19 planning elements that make this project of

20 special merit.

21 The mixed use development of McMillan

22 is a high priority for the city. It provides


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1 significant benefits to the District of Columbia

2 and to the community by virtue of its exemplary

3 architecture, specific features of land planning,

4 and social or other benefits having a high

5 priority for community services.

6 After more than 30 years of planning

7 McMillan will fulfill the city's long-term goal

8 for the site through numerous administrations.

9 The McMillan master plan memorializes

10 these important goals that include a nine-story

11 healthcare facilities, mixed income and varying

12 types of housing which include market rate,

13 moderate, and low-income townhomes, market rate

14 senior and affordable rental units.

15 It is also important to mention that

16 the 20 percent affordable McMillan set-aside

17 exceeds the 10 percent set-aside as required by

18 law at the time of our inclusionary zoning.

19 A full service grocery store,

20 community serving retail along the north service

21 court, community center with swimming pool, park

22 and plaza that include a playground for kids all


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1 ages, gathering spaces for people and families,

2 and active and passive recreation areas.

3 In addition, activation of McMillan's

4 historic significance is also unique, including

5 programming of historic structures within both

6 the north and south service courts through arts,

7 retail and public uses, establishment of a new

8 Olmstead Walk, creation of a development wide

9 walking museum.

10 Extensive community input from

11 hundreds of community meetings over the past 30

12 years and approvals from the subject advisory

13 neighborhood commission, the National Capital

14 Planning Commission, the Historic Preservation

15 Review Board, the U.S. Commission on Fine Arts,

16 and the D.C. Council inform what the district's

17 priorities for community services should be which

18 include a full service grocery store, housing

19 including senior and affordable housing, public

20 purposes including a community center with pool,

21 public plaza, playground, recreational spaces,

22 and activation of both service courts,


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1 beautification projects in the immediate vicinity

2 in coordination with specific community groups,

3 jobs from construction activity and permanent

4 uses anchored by commercial uses particularly for

5 Ward 5 residents, and more than $1 billion in

6 positive fiscal and economic impacts.

7 When these high priorities of the

8 executive branch were endorsed by the legislative

9 proposal -- when these high priorities of the

10 executive branch were endorsed by the legislative

11 branch the Committee on Economic Development

12 provided the following in their report, and I

13 quote.

14 "We recommend approval of the

15 disposition because they represent a thorough and

16 balanced development that is the culmination of

17 years of planning, community engagement and

18 execution by the district government, Vision

19 McMillan Partners, and many affected ANCs,

20 community groups and stakeholders.

21 "While no development will make every

22 person involved happy the proposed McMillan


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1 development provides economic development,

2 cultural, commercial and recreational opportunity

3 to an area that has seen this site vacant and

4 fenced off for decades.

5 "Development would produce thousands

6 of jobs and millions of dollars in revenue.

7 Hundreds of housing units, 20 percent of which

8 will be affordable would be created along the

9 acres of new park and open spaces.

10 "This development would work to

11 reactivate an area that has lain dormant for many

12 years permitting a new community and destination

13 for the city," end quote.

14 Other features of special merit that

15 will be addressed by other witnesses include

16 exemplary architecture through thoughtful

17 integrated design and cohesive architectural

18 treatment of individual parts, specific features

19 of land planning through integration of site with

20 community, healthcare facility, creation of a

21 medical district, internal circulation patterns

22 to preserve views, transportation benefits, and


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1 environmental benefits, and other benefits having

2 a high priority for community services including

3 a public art master plan as well as certified

4 business entity and first source employment

5 agreements.

6 In conclusion, we respectfully request

7 that you clear the pending demolition permit to

8 allow the city's specific goals for reuse of the

9 McMillan site to continue.

10 Thank you for the opportunity to

11 testify before you as a part of this limited

12 scope hearing. Our team will be pleased to

13 answer any questions you may have.

14 DR. BYRNE: Very good. So, I think

15 one question we have is do you want to ask them

16 any questions? We should have cross examination.

17 I'm wondering how physically you'd do it in this

18 room.

19 So do you want to ask any questions to

20 clarify anything he said?

21 MS. BROWN: I do have just one very

22 quick question, Mr. Deputy Mayor. You listed a


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1 number of public benefits, amenities that have

2 high priority for community services.

3 Do you feel that those features are

4 common to all projects in the city?

5 MR. KENNER: I feel that many of them

6 are. I mean each project is probably unique but

7 I think that many of them are.

8 MS. BROWN: Common to all projects or

9 to this project? I mean a special feature for

10 this project.

11 MR. KENNER: I think there are some

12 special features for this project.


14 DR. BYRNE: Okay. All right. Well,

15 Ms. Ferster, do you want to ask any questions of

16 the Deputy Mayor?

17 MS. FERSTER: The Deputy Mayor did

18 indicate that a number of the points that he

19 touched on in his testimony would also be

20 elaborated on by other witnesses, so perhaps for

21 efficiency's sake we would hear all their

22 testimony.


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1 And then what I've done in the past is

2 pose my questions to the team and they pick who

3 the most appropriate person is to answer,

4 although I will of course have some specific

5 questions for specific witnesses.

6 DR. BYRNE: I like that. That sounds

7 good.

8 MS. BROWN: No objection.

9 DR. BYRNE: That sounds great.

10 MR. LANE: We would just like --

11 because the Deputy Mayor has a busy schedule we

12 would prefer to allow him to be dismissed once

13 he's finished. So if we could move that along at

14 this point rather than at the end of the

15 proceedings that would be very beneficial at this

16 point.

17 DR. BYRNE: Thoughts.

18 MS. FERSTER: What often happens in

19 this context and this is what I'm trying to avoid

20 is that I have a number of questions that are

21 appropriate for many witnesses.

22 And what happens is if I ask the short


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1 version, the specific question to the Deputy

2 Mayor then I ask questions to the other team and

3 they say well actually the Deputy Mayor is the

4 appropriate person to answer that. He's gone.

5 That's my issue.

6 MS. BROWN: I think it's perfectly

7 reasonable to allow the Deputy Mayor for Planning

8 and Economic Development to have his cross

9 examination questions now.

10 He can only answer what is in the four

11 corners of his testimony today so if she has

12 questions on the testimony that he just presented

13 then I think that's appropriate right now.

14 DR. BYRNE: Well, I do want to

15 accommodate the schedule of an important city

16 employee.

17 So maybe what we could do is if Ms.

18 Ferster has questions and then as if the

19 situation arises where she has a question where

20 the other witnesses say you have to ask the

21 Deputy Mayor then we can figure out how to manage

22 that at that point.


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1 Is that okay, Ms. Ferster?

2 MS. FERSTER: That's fine depending --

3 DR. BYRNE: Depending on the

4 questions.

5 MS. FERSTER: Yes, and it may require

6 calling him back as a witness. If that's an

7 option that's acceptable to me.

8 And then I apologize because I would

9 probably have a much lengthier cross examination

10 than I would have otherwise because I suspect

11 that some of the questions he will defer to other

12 witnesses for. But I need to go through that

13 anyway.

14 DR. BYRNE: Okay, I appreciate that.

15 Thank you.

16 MS. FERSTER: Good morning.

17 MR. KENNER: Good morning.

18 MS. FERSTER: Let's talk about first

19 the issue of the fiscal and employment benefits

20 of this project.

21 You have testified in response to a

22 question from Ms. Brown that some of the benefits


36

1 that you elaborated on in your testimony were

2 special and somewhat common to all projects.

3 In terms of the fiscal, the tax

4 revenues and the employment gains from this

5 project are these -- would you view these fiscal

6 and employment benefit from this project to be

7 comparable to other I would say similarly sized

8 projects in terms of your land area or gross

9 square feet?

10 MR. KENNER: I think in terms of just

11 the parameters of tax revenue as an example which

12 are primarily derived from in this case

13 residential, office as well as retail property

14 taxes, sales tax compared to other projects that

15 have equal square footage as an example of

16 office, and retail, and residential that I think

17 eventually changes a little bit, but generally

18 the tax valuations would be similar for projects

19 that have similar percentages of utilization.

20 I think that one of the unique things

21 about this is that you rarely get such diverse

22 uses in a project that's on city-owned land.


37

1 MS. FERSTER: Thank you. And then I'm

2 just sort of curious about the issue of

3 affordable housing.

4 A number of development projects that

5 are public-private development projects

6 incorporate affordable housing into them.

7 Does that affect the tax revenue that

8 the District of Columbia gains? I mean, would

9 that lower the revenue if you include affordable

10 housing for low and very low-income households?

11 MR. KENNER: That's probably a better

12 question for the Office of Tax and Revenue to

13 answer. I'm not exactly sure how they do all

14 taxation for all affordable units in the city.

15 MS. FERSTER: Okay, well let me just

16 follow up briefly on that. Would that be a

17 factor in your decision? For example, if when

18 the projected fiscal benefit from a project were

19 presented to you would you factor in the fact

20 that there might be lower fiscal benefits if

21 there were more affordable housing, or do you

22 simply look at whether or not there were


38

1 significant fiscal benefits in terms of the

2 objective number.

3 MR. KENNER: I'm sorry, can you say

4 that question again?

5 MS. FERSTER: Yes. The brief version

6 of that question is that if a project has a lower

7 fiscal benefit to public-private partnership

8 projects such as this one has lower fiscal

9 benefits because it includes more affordable

10 housing for low and very low-income individuals

11 when you make a decision about the type of

12 project would that be a factor, the level of

13 fiscal benefits?

14 MR. LANE: I'd object on this is

15 outside the scope of the testimony.

16 MS. BROWN: I can follow up on that.

17 I think that deliberately or unintentionally I

18 think she restated what she thought his testimony

19 was about this having lower value because of the

20 affordable housing component. And I don't think

21 that was his testimony.

22 MS. FERSTER: No, I didn't. That


39

1 wasn't my reading of his testimony.

2 DR. BYRNE: I'm sorry, would you state

3 the question again? Just try to do it in a way

4 that's within his testimony.

5 MS. FERSTER: Well, you did testify

6 that one of the special benefits of this project

7 is the fact that it's affordable housing. But in

8 fact the affordable housing that's in this

9 project does not include any affordable housing

10 for very low and low-income individuals, that is

11 correct. Isn't it?

12 MR. KENNER: I don't know how you

13 define very low. HUD has definitions for income

14 so are you referring to those definitions?

15 MS. FERSTER: Yes, I am.

16 MR. KENNER: Okay.

17 MS. FERSTER: So this project does not

18 include any --

19 MR. KENNER: This project has

20 affordable housing units for people that are at

21 below 50 percent of AMI as well as below 60

22 percent of AMI.


40

1 MS. FERSTER: Below, okay. I did not

2 know that. How many units of housing are for

3 households earning below 50 percent AMI?

4 MR. KENNER: We've got I think in

5 total for the project 85 units that are at or

6 below 60 percent of AMI and 11 units that are at

7 or below 50 percent of AMI.

8 MS. FERSTER: Okay. So my question

9 actually was below 50 percent AMI, not at or

10 below.

11 MR. KENNER: I'm sorry, I'm using the

12 HUD definition which is at or below.

13 MS. FERSTER: Okay, well my question

14 has to do with below 50 percent.

15 MR. KENNER: There is --

16 DR. BYRNE: I don't want to quibble

17 about at or below. I think he's answered the

18 question.

19 MS. FERSTER: Okay. So given that,

20 that there is no affordable housing in this

21 project for individuals below 50 percent of the

22 AMI --


41

1 MR. KENNER: So that's not the HUD

2 definition.

3 MS. FERSTER: Understood. Understood.

4 (Simultaneous speaking)

5 MR. KENNER: -- at or below 50 percent

6 of AMI. At or below 60 percent of AMI, and at or

7 below of 80 percent of AMI.

8 MS. FERSTER: Understood.

9 Understanding that there's no affordable housing

10 in this project for individuals below 50 percent

11 of the AMI.

12 MR. KENNER: Again, the HUD definition

13 is at or below 50 percent of AMI.

14 DR. BYRNE: Is your point that there's

15 not a band that's reserved for people for example

16 at 30 percent or lower, is that your point?

17 He said at or below 50 percent, so if

18 you're below 50 percent you could have 20 percent

19 of AMI.

20 MS. FERSTER: And I'm really not

21 asking him about HUD definitions. I'm asking

22 about the fiscal benefits. And the question, I


42

1 was trying to restate the question.

2 DR. BYRNE: I'm sorry.

3 MS. FERSTER: And the question about

4 fiscal benefits is given the fact that there's no

5 affordable housing for people below 50 percent in

6 the project wouldn't that naturally make that

7 project more attractive to your agency in terms

8 of its fiscal revenue because there would be

9 lower tax revenue from a project that included

10 more very low and low-income affordable housing?

11 MR. LANE: Objection to the

12 characterization and the confusing nature of the

13 question.

14 DR. BYRNE: Yes, it strikes me as

15 rhetorical.

16 MS. FERSTER: Okay. You have

17 testified about the component of the project

18 which is a healthcare facility. And so, and in

19 your written testimony meaning you identify that

20 as a specific feature of land planning.

21 So as a healthcare facility do you

22 believe that that healthcare facility requires a


43

1 certificate of need from the District of Columbia

2 government in order to be developed?

3 MR. LANE: Objection, scope.

4 DR. BYRNE: Do you want to explain why

5 you think it's within the scope?

6 MS. FERSTER: He did testify that the

7 healthcare facility is a component of the

8 project, is a special merit benefit and the issue

9 that we wonder about is if it's a healthcare

10 facility and therefore requires a certificate of

11 need that -- and receives a certificate of need

12 that would be in our view a stronger indication

13 that this healthcare facility is special.

14 DR. BYRNE: But I don't know that he

15 knows what the rules are and I certainly know

16 what the rules are.

17 MS. FERSTER: Right, so do you know

18 whether or not the applicant intends to apply for

19 a certificate of need. That's simply the

20 question.

21 DR. BYRNE: Could we just answer the

22 question?


44

1 MR. KENNER: Yes, I have no idea.

2 DR. BYRNE: That's fine.

3 MS. FERSTER: You did not testify in

4 any way about alternative designs for the

5 project. So if I were to pose a series of

6 questions about alternative designs would you

7 view that as outside the scope of this testimony?

8 MR. LANE: I would object in that by

9 definition it would be outside the scope.

10 MS. FERSTER: So if my question were

11 did the Deputy Mayor's Office ever consider

12 alternative designs that would have reduced the

13 impacts on historic properties in this project

14 would you object to that question?

15 MR. LANE: I would object as outside

16 the scope.

17 DR. BYRNE: I think that's right. I

18 think that's a legitimate question, but it's not

19 a legitimate question on cross examination.

20 MS. FERSTER: That's fine. Then the

21 record will reflect that, that there was no

22 testimony on that point.


45

1 Okay, you did testify about the

2 stormwater management features of the project

3 that you view as special merit as well as the

4 project's LEED silver certification. So I had a

5 couple of questions about that.

6 In your experience with other -- and

7 this goes to the question of whether it's

8 special, of other development projects that come

9 within the purview of your office do you ensure

10 that those developments also achieve a LEED

11 silver certification?

12 MR. LANE: I'm going to object on

13 relevance. The Mayor's Agent has held in prior

14 hearings in this matter that the public benefits

15 for non-historic projects are not relevant to the

16 issues in this matter.

17 MS. FERSTER: Unless you're arguing

18 that these are special.

19 DR. BYRNE: I'm going to let him

20 answer.

21 MR. KENNER: Sorry, can you restate

22 the question.


46

1 MS. FERSTER: In other public-private

2 development projects that have come within the

3 purview of your office has LEED silver

4 certification been something that has been part

5 of those projects?

6 MR. KENNER: I think it probably

7 depends on the project. So, I mean we deal with

8 a lot of different projects so I'd have to -- I'm

9 not familiar with whether we've achieved LEED

10 silver on projects in the last 2 and a half

11 years, or projects over the last 10 years. I'd

12 have to probably get that information.

13 MS. FERSTER: And are you familiar at

14 all with the green construction code or its

15 applicability to District of Columbia financed

16 projects?


18 DR. BYRNE: I'm going to allow it.

19 MR. KENNER: Not specifically because

20 I don't have those regs in front of me.

21 MS. FERSTER: Okay, generally are you

22 aware that the green construction code does apply


47

1 to publicly financed District of Columbia

2 projects?

3 MR. LANE: Same objection.

4 MR. KENNER: Yes.

5 MS. FERSTER: It does.

6 MR. KENNER: As much as I understand

7 about it, yes.

8 MS. FERSTER: Okay. I have some

9 questions about the phasing of the project. Do

10 you view these issues within the scope of this

11 witness's testimony?

12 MR. LANE: The witness did not testify

13 as to phasing.

14 MS. FERSTER: I'd still like to ask

15 some questions about phasing. Do you object?

16 DR. BYRNE: I don't think he said

17 anything about phasing.

18 MS. FERSTER: I would like to still

19 request permission to ask questions on phasing.

20 DR. BYRNE: I sustained the objection.

21 MS. FERSTER: Thank you. Okay, how

22 about permits, specifically the raised permit and


48

1 the subdivision permit. I have some specific

2 questions about the raise and subdivision permits

3 that were applied for and in fact one was

4 received by the Mayor's Office.

5 I would like to ask some questions

6 about your receipt of the demolition permit back

7 in December of 2016.

8 MR. LANE: That was not included in

9 the testimony. I would object to that.

10 DR. BYRNE: Sustained.

11 MS. FERSTER: Okay. You testified

12 about exemplary architecture, that you believe

13 the project is one of exemplary architecture.

14 Do you have any elaboration on the

15 basis for that belief in terms of the

16 architectural features or the standards by which

17 you made that judgment?

18 MR. LANE: Object to that

19 characterization. The testimony specifically

20 said that other witnesses would be testifying as

21 to architecture.

22 MS. FERSTER: So you made no specific


49

1 determination by yourself that this is exemplary

2 architecture.

3 MR. LANE: Objection to

4 characterization.

5 DR. BYRNE: Sustained. The record of

6 his testimony is what it is.

7 MS. FERSTER: Okay. So I'm going to

8 ask the witness again do you have any personal

9 opinion on whether or not this architecture is

10 exemplary architecture.


12 DR. BYRNE: I think he can answer

13 that.

14 MR. KENNER: Sorry, can you restate

15 the question again?

16 MS. FERSTER: Have you formed a

17 personal opinion about whether the architecture

18 in this project was exemplary architecture?

19 MR. KENNER: I think I've testified

20 that there are a number of elements of special

21 merit including elements of exemplary

22 architecture and that we'll have some other


50

1 witnesses also outline that.

2 So I think that my testimony speaks

3 for itself.

4 MS. FERSTER: Okay, thank you. Are

5 you aware of allegations made to law enforcement

6 officers that ANC commissioners have received

7 things of value in return for their past support

8 of this development project?

9 MR. LANE: Objection, relevance.

10 DR. BYRNE: Sustained. Really Ms.

11 Ferster, please.

12 MS. FERSTER: I'm making a record,

13 Your Honor.

14 DR. BYRNE: Making a record of asking

15 questions that are plainly outside the scope of

16 his testimony.

17 MS. FERSTER: In our view it's

18 relevant.

19 Okay, that's it for now. If it's

20 possible then I may ask to call you back if some

21 of the questions that you were not able to answer

22 are -- that other witnesses defer to you for


51

1 that.

2 MS. BROWN: I think that we cannot

3 recall our witness. If she has a witness that

4 she wants to bring up. I don't know that it's

5 going to be the Deputy Mayor.

6 DR. BYRNE: What we've said is that if

7 she has questions that other witnesses attest

8 that only the Deputy Mayor could answer that are

9 within the scope of his cross examination we

10 would develop a means by which to conveniently

11 get some answer.

12 And it may not be -- I'll have to

13 think about what that is at the time. But we'll

14 try to avoid having him personally come back.

15 MS. BROWN: And I do have two quick

16 redirect questions.

17 DR. BYRNE: Okay.

18 MS. BROWN: I can wait.

19 DR. BYRNE: Would you prefer to wait?

20 Let's do that. That sounds fine. All right, Mr.

21 Otten, your turn.

22 Just a reminder that what we're


52

1 dealing with here is cross examination so the

2 questions have to address things that are within

3 the scope of the witness's direct testimony.

4 MR. OTTEN: I understand. And I want

5 to make sure we're clear on the record in this

6 case. The record is the continuation of the

7 prior cases that the record in total includes all

8 of the prior hearings and submitted written --

9 DR. BYRNE: That was stated at the

10 beginning of the hearing.

11 MR. OTTEN: And so therefore anything

12 that Mr. Kenner has submitted in the past in the

13 prior hearings is on the record.

14 DR. BYRNE: If it's in the record it

15 stays in the record.

16 MR. OTTEN: Okay. Mr. Kenner, you're

17 the director of DMPED?

18 MR. KENNER: I'm the Deputy Mayor for

19 Planning and Economic Development.

20 MR. OTTEN: And what's your address?

21 Where do you work at?

22 MR. KENNER: The Wilson Building and


53

1 the address I believe is 1350 Pennsylvania

2 Avenue, NW.

3 MR. OTTEN: What's your role as the

4 Deputy Mayor?

5 MR. KENNER: To execute the Mayor's

6 vision around economic development for the city.

7 MR. OTTEN: And by economic

8 development can you elaborate on that?

9 MR. KENNER: A variety of different

10 features that include the general economic health

11 of the District of Columbia.

12 MR. OTTEN: What goes into economic

13 health? What does that mean?

14 MR. KENNER: It means --

15 MR. LANE: Objection on the scope and

16 relevance.

17 DR. BYRNE: I'll let this one go but

18 try to get to the issues of the case.

19 MR. KENNER: It can mean a variety of

20 things and so I think economic health has to do

21 with the vibrancy as well as the -- just general

22 features of economic development.


54

1 MR. OTTEN: Does economic health

2 include people? The vibrancy of the people?

3 MR. LANE: Objection on relevance.

4 MR. OTTEN: This is directly relevant

5 because the economic health is being evaluated

6 here as part of the special merit of this case.

7 MR. LANE: Objection on scope.

8 MR. OTTEN: Scope is in the written

9 testimony right now. I'm looking at it right in

10 front of me. The economic health of this project

11 in terms of the tax generation and the influence

12 on the surrounding community.

13 DR. BYRNE: He's testified that that

14 is included.

15 MR. OTTEN: And that's part of the

16 economic health.

17 DR. BYRNE: I think that's what I

18 heard him say.

19 MR. OTTEN: So, in terms of the

20 economic health specific to this project can you

21 revisit that for me just now so I can understand

22 what you understand is involved here in terms of


55

1 the economic impact or the benefits?

2 MR. KENNER: My testimony was I

3 thought fairly clear around many of the important

4 goals that would be potential components of

5 economic health that are included in this

6 project.

7 MR. OTTEN: Can you elaborate a few of

8 those for me?

9 MR. LANE: Objection.

10 DR. BYRNE: I think he's given his

11 testimony on that. I'm not sure what you're

12 trying to get at.

13 MR. OTTEN: Well, he's qualifying this

14 as a special benefit. I need to understand what

15 the lead director of -- the Deputy Mayor of

16 economic planning is saying about this project.

17 DR. BYRNE: Well, I need to understand

18 what he means by it, but whether I have to

19 guarantee that you'll understand it. I

20 understand what he means.

21 MR. OTTEN: Did you understand?

22 DR. BYRNE: I have a scope and I'm


56

1 looking forward to hearing more testimony.

2 MR. OTTEN: Okay. So in your position

3 as the DMPED, as Deputy Mayor, are you -- how are

4 you involved in reviewing these applications such

5 as the one that went before HPRB and now before

6 the Mayor's Agent?


8 MR. OTTEN: What is your role in that

9 review?


11 DR. BYRNE: Would you say more about

12 your objection, please?

13 MR. LANE: It's unrelated to the

14 actual testimony given on direct.

15 MR. OTTEN: Absolutely related. He is

16 the central planning official in the District of

17 Columbia. I need to understand what he's

18 planning and how he's envisioning this special

19 project.

20 DR. BYRNE: I think it goes outside

21 the scope of what he testified to. He is who he

22 is.


57

1 MR. OTTEN: So then how do you relate

2 to the Office of Planning?


4 DR. BYRNE: Yes, sustained.

5 MR. OTTEN: Hasn't the Office of

6 Planning weighed in on this project?


8 DR. BYRNE: It's in the record already

9 that the Office of Planning has weighed in.

10 MR. OTTEN: Okay, so I'm asking him

11 what his role is with the Office of Planning.

12 DR. BYRNE: I know, but that's not

13 what he testified to.

14 MR. OTTEN: He's Deputy Mayor. I want

15 to understand what he views as his role vis-a-vis

16 the Office of Planning.

17 DR. BYRNE: This is not a civics

18 seminar. This is a hearing on this case. And

19 going into his relation with the Office of

20 Planning is not what's at stake in this case.

21 MR. OTTEN: Absolutely it is.

22 DR. BYRNE: I understand that you


58

1 believe that, but I'm saying it's not.

2 MR. OTTEN: Mr. Byrne, you don't

3 understand and the relationship between the

4 Office of Planning, the Historic Preservation

5 Office and DMPED.

6 DR. BYRNE: I understand it better

7 than you do.

8 MR. OTTEN: You do? Okay. Well then

9 you would allow him to answer that question.

10 DR. BYRNE: No, because it's outside

11 the scope. I want to get on to the merits of

12 this project and not have just a forum on your

13 concerns about the District of Columbia

14 government.

15 MR. OTTEN: Okay, so as DMPED, as the

16 Deputy Mayor, are you involved in planning of

17 projects here in the District of Columbia?



20 MR. OTTEN: How is it not relevant?

21 I don't understand.

22 DR. BYRNE: It's not a question of


59

1 relevance. It's a question of you can ask him

2 questions that are within the scope of what he

3 testified to.

4 He testified about this project and

5 about the benefits of this project to the

6 District of Columbia.

7 MR. OTTEN: So in reviewing the

8 benefits of this project to the District of

9 Columbia what planning protocols or policies did

10 you review to come to your conclusions?

11 DR. BYRNE: I'll allow that.

12 MR. KENNER: Sorry, could you state

13 the question again?

14 MR. OTTEN: What planning protocols or

15 policies did you review to make your conclusions.

16 DR. BYRNE: That this was a project

17 that was of substantial benefit to the District

18 of Columbia.

19 MR. KENNER: So, again in my testimony

20 I state numerous things around residential,

21 affordable housing, community serving benefits

22 that all go into the public benefits. And those


60

1 are just examples of some few that go into public

2 benefits for this project.

3 MR. OTTEN: Isn't it the case that

4 this public plan will be privatized as part of

5 this project?



8 MR. OTTEN: Mr. Byrne, in prior

9 hearings it became clear that one of the historic

10 characteristics of this project is its public

11 nature.

12 DR. BYRNE: Right, but he didn't

13 testify on that.

14 MR. OTTEN: He just testified just now

15 that there are public benefits to this project.

16 DR. BYRNE: Right, but you can't ask

17 him about every detriment that you see to the

18 project because that's just not what he testified

19 to.

20 MR. OTTEN: I'm asking him directly to

21 his testimony there are public benefits.

22 DR. BYRNE: You're asking him for --


61

1 so you know --

2 MR. OTTEN: Okay, let me ask it this

3 way. Is there a public benefit to the

4 privatization of this park?


6 DR. BYRNE: I'll let him answer that.

7 MR. KENNER: Say the question one more

8 time.

9 MR. OTTEN: Is there a benefit to the

10 privatization of this public park?

11 MR. KENNER: I don't understand your

12 characterization of privatization and I don't

13 understand your characterization of park.

14 What I testified to is that we believe

15 that this project having gone through a number of

16 different community as well as advisory

17 neighborhood commission, National Capital

18 Planning Commission, Historic Preservation

19 Review, U.S. Commission on Fine Arts, legislative

20 process in the D.C. Council has a number of

21 different community serving benefits that are

22 specific to this project which make it a project


62

1 of significance for us and a reason why we are

2 very happy to be here to be in support of it.

3 MR. OTTEN: You just testified that

4 you don't understand the term park. Can you

5 explain that?


7 characterization.

8 MR. OTTEN: He just testified to this.

9 DR. BYRNE: So, I would just ask the

10 witness to clarify what he meant when he said

11 that he didn't understand what the term park

12 meant.

13 MR. KENNER: Just that I see this as

14 the McMillan Sand Filtration Site. That's all.

15 MR. OTTEN: Are you saying therefore

16 then that the 25 acres of open land above the

17 sand filter water beds is not a park?

18 MR. KENNER: No, it's just you were

19 referring to the project and so it is the

20 McMillan Sand Filtration Site.

21 MR. OTTEN: Has there ever been a park

22 as part of that sand filtration site?


63

1 MR. KENNER: I'm not sure.



4 MR. OTTEN: Are you aware that in the

5 application for and the approval of the McMillan

6 Sand Filtration Site's acceptance into the

7 National Historic Register it refers to the 25

8 acres as a park?



11 MR. OTTEN: I'm sorry, what?

12 DR. BYRNE: It's in the record, Mr.

13 Otten. It's in the record as to what was said in

14 the nomination.

15 MR. OTTEN: Okay, so I'm just

16 clarifying that he knows that.

17 DR. BYRNE: But I don't think it's an

18 okay question.

19 MR. OTTEN: Okay, going back to your

20 role in looking at planning policies for the

21 District of Columbia and your analysis and

22 conclusions in this case what other policies and


64

1 plans here in the District of Columbia did you

2 review in making your conclusion that this is a

3 special merit project?

4 MR. LANE: Objection, vague.

5 DR. BYRNE: It's pretty vague.

6 MR. OTTEN: Okay, let me ask you this.

7 DR. BYRNE: He's testified already

8 what he viewed that he was -- he testified as to

9 his role in implementing the Mayor's vision for

10 development. He testified to the many government

11 agencies that have found merit in the project.

12 And you're asking him what else he

13 looked at, but I don't think that -- I think that

14 just goes too far.

15 MR. OTTEN: Thank you for clarifying.

16 So, the Mayor's vision for development. In

17 understanding that did you review the Mayor's

18 Climate Ready D.C. plan and resiliency in terms

19 of future projects here in the District of

20 Columbia when you reviewed this case?

21 MR. KENNER: There are a variety of

22 different things that we look at obviously making


65

1 sure that it complies with all District of

2 Columbia laws and regulations, ensuring that

3 obviously we've got community support and

4 ensuring that we have gone through all the other

5 regulatory and other advisory processes.

6 And so I'm sure that as a part of some

7 of the review of environmental or other

8 parameters to evaluate the comprehensive benefits

9 of this program and this project I'm sure that

10 over the course of its development I'm sure that

11 we have looked at elements of -- I'm not sure

12 about the specifics of what you're specifically

13 referring to in the climate report, but I'm sure

14 that elements of it have been considered.

15 MR. OTTEN: And this is you're

16 referring to the Climate Ready D.C. Report?

17 MR. KENNER: I think you're referring

18 to it. I'm saying that there were a variety of

19 different elements. I'm not sure which element

20 you'd be referring to in it.

21 MR. OTTEN: I'm referring to the

22 Climate Ready D.C. Report specifically.


66

1 DR. BYRNE: I think he's answered the

2 question.

3 MR. OTTEN: Okay. So therefore in

4 that report did you acknowledge in your

5 conclusions in any way the location of McMillan

6 on the flooding maps?


8 scope.


10 MR. OTTEN: Are you aware that

11 hospitals that are in flood areas are known to be

12 -- it's a problem for the city?



15 MR. OTTEN: Excuse me. He quoted from

16 his testimony that the healthcare facility in

17 this project is one that makes this a special

18 merit project, did he not?

19 DR. BYRNE: He did.

20 MR. OTTEN: So I'm trying to

21 understand how he got to that conclusion.

22 DR. BYRNE: I don't think you are. I


67

1 think you're just arguing with him about whether

2 he considered some document that he is the head

3 of a large office in. And whether he considered

4 it or not I don't think really is relevant.

5 MR. OTTEN: I believe he had a direct

6 hand in this plan.

7 DR. BYRNE: That could well be, but

8 the question you're asking him is whether he

9 reviewed it himself for purposes of this

10 proceeding and I don't think he testified that he

11 did.

12 I think it's just not getting us where

13 we want to go in this hearing.

14 MR. OTTEN: Well, as I understand it

15 one of the special benefits here is the location

16 of the hospital facility on this site.

17 DR. BYRNE: I think that is part of

18 the applicant's case. They have not really made

19 that case yet. All Mr. Kenner has done is sketch

20 out the broad parameters of the case that the

21 other witnesses are going to provide detail on.

22 And I do think that you're better off


68

1 waiting until you have more technical testimony

2 and trying to tangle with those factual

3 assertions that are actually going to be made

4 than to try to push him into describing what he

5 knew when kind of a thing.

6 I just don't think that's appropriate.

7 MR. OTTEN: Okay. Let me ask this.

8 Mr. Kenner, how do you view McMillan Park in

9 terms of your portfolio of projects as far as its

10 scale and importance to the city. The Mayor's

11 vision for development.


13 DR. BYRNE: I think he did testify

14 that it was very important.

15 MR. OTTEN: And in terms of the

16 portfolio you have how would you rank it.

17 MR. KENNER: Very important.

18 MR. OTTEN: Therefore this is public

19 land, right? That's in your portfolio. The 25

20 acres.

21 MR. KENNER: It is public land.

22 Everybody knows it's public land.


69

1 MR. OTTEN: And you claim that there

2 are 20 percent set-asides for affordable housing.

3 That's what makes it a special benefit because

4 the law only requires 10 percent?

5 MR. KENNER: I think I testified that

6 it's important to mention that 20 percent of the

7 affordable units set-asides exceeds the required

8 by law at the time inclusionary zoning.

9 MR. OTTEN: And are you aware that

10 inclusionary zoning is measured on gross floor

11 area, not units?

12 DR. BYRNE: Measured for what purpose?

13 MR. OTTEN: In terms of percentages of

14 total gross floor area versus total units.

15 DR. BYRNE: For what purpose?

16 MR. OTTEN: For the purpose of what he

17 just said, inclusionary zoning.

18 DR. BYRNE: He testified about the

19 percentage of units.

20 MR. OTTEN: Percentage of units. But

21 he's quoting IZ as the measure for why it's

22 special. Correct?


70


2 time?

3 MR. LANE: Object on confusing.

4 DR. BYRNE: I think if you want to

5 argue that it's not special because the square

6 footage is the right measure and that that is

7 what should be looked at I think you should make

8 that argument and not try to drag it out of the

9 witness.

10 MR. OTTEN: Well, he's claiming that

11 this is a special merit project based on 20

12 percent of the units being --

13 DR. BYRNE: So he may be wrong. So

14 you have to make that argument.

15 MR. OTTEN: Did you do any analysis of

16 the gross floor area that's actually affordable?


18 MR. OTTEN: It's directly related to

19 the special benefit that he's testified to, Mr.

20 Lane.

21 MR. LANE: This is the same approach

22 of testifying as a cross examination rather than


71

1 saving it for the actual presentation.

2 MR. OTTEN: This is to understand his

3 testimony.

4 DR. BYRNE: He's testified about the

5 number and percentage of units. And if you think

6 that's inadequate you can put on a case to show

7 why it's inadequate.

8 MR. OTTEN: And so you also testified

9 that the affordability units including up to 80

10 percent AMI, correct?

11 MR. KENNER: I testified that the

12 category is 80 percent of AMI are at or below.

13 MR. OTTEN: What is your definition of

14 80 percent AMI? What does AMI mean to you?

15 DR. BYRNE: Sustained. AMI -- we

16 don't really need to go through all that, do we?

17 MR. OTTEN: Isn't it the case, Mr.

18 Kenner, that the city has taken a recent position

19 that 80 percent AMI is not actually affordable?


21 MR. OTTEN: Directly related to this

22 testimony, sir.


72

1 DR. BYRNE: Mr. Kenner.


3 time.

4 MR. OTTEN: Isn't it the case that the

5 city has recently set policy that 80 percent AMI

6 is not affordable.

7 MR. LANE: Same objection for the

8 record.

9 MR. KENNER: I don't understand your

10 question in terms of the city. There is -- tell

11 me what you mean by that.

12 MR. OTTEN: The Mayor and the City

13 Council.

14 MR. KENNER: There's no policy that

15 I'm aware of that says that 80 percent of area

16 median income is no longer affordable if that's

17 your question.

18 MR. OTTEN: Hasn't it been reduced

19 from 80 percent to 60 percent as the outer

20 boundary of what is considered affordable in the

21 district?

22 MR. LANE: Objection, vague.


73

1 MR. OTTEN: It's very clear.

2 MR. KENNER: No, it's not clear

3 because you're talking about affordability

4 definitions which are set.

5 MR. OTTEN: By what?

6 MR. KENNER: Set by law.

7 MR. OTTEN: In the inclusionary zoning

8 law?

9 MR. KENNER: That's only one

10 definition. HUD has other definitions as an

11 example of affordability levels. So which one

12 are you referring to?

13 MR. OTTEN: So HUD is federal.

14 Correct?

15 MR. KENNER: HUD is federal, correct.

16 MR. OTTEN: And inclusionary zoning

17 law is district level.

18 MR. KENNER: There are funds that come

19 from the federal government which are primarily

20 affordable housing federal money that influences

21 affordability levels.

22 There is no such thing as just local


74

1 affordability. It's always included with both.

2 MR. OTTEN: So when a new development

3 goes up like this project and a developer puts in

4 IZ units are you saying that HUD subsidizes those

5 IZ units?


7 characterization.

8 MR. OTTEN: He testified to this.

9 MR. KENNER: It totally depends on how

10 they finance it.

11 MR. OTTEN: In this case are you aware

12 of how they're financing it?

13 MR. KENNER: I think that's probably

14 a question for --

15 DR. BYRNE: I think that's outside the

16 scope of his testimony. I think there are other

17 people who you can ask that to I expect as we go

18 forward.

19 MR. OTTEN: As DMPED have you, Mr.

20 Kenner, looked at or provided for the record any

21 analysis of healthcare facilities around the

22 District of Columbia?


75


2 MR. OTTEN: It's directly related to

3 his testimony about the special benefit of the

4 healthcare facility in this project.

5 DR. BYRNE: There's going to be more

6 people who have more specific knowledge about

7 these things as we go forward. I'd really like

8 to move on to that.

9 MR. OTTEN: This is the director of

10 DMPED.

11 DR. BYRNE: He's the Deputy Mayor.

12 MR. OTTEN: He just said that this is

13 one of the most important projects in the


15 DR. BYRNE: He did.

16 MR. OTTEN: I would imagine given

17 that, and it's probably one of the largest

18 projects in his portfolio he would understand

19 when he testifies to the special benefit of a

20 healthcare facility at the site that he's done

21 some analysis siting healthcare facilities in the



76

1 DR. BYRNE: I'm sure he has and I'm

2 sure we're going to hear about who has done that

3 analysis that the Deputy Mayor may be relying

4 upon. He is the Deputy Mayor. He's not doing

5 all of the number crunching himself.

6 I'd like to wait until we have people

7 who actually know more about the details of the

8 proposal.

9 MR. OTTEN: In the record submitted by

10 the applicant we have the alternatives that were

11 considered as part of this project.

12 MR. LANE: Object on the scope of this

13 line of questioning.


15 MR. OTTEN: One of the critical pieces

16 of this, Mr. Byrne, as I understand it is how

17 DMPED which is the co-applicant in this case

18 considered alternatives. They have put on the

19 record --

20 DR. BYRNE: But he didn't testify to

21 that.

22 MR. OTTEN: But this is on the record.


77

1 DR. BYRNE: I understand, but you can

2 now only cross examine him about the testimony

3 that he's given just now.

4 MR. OTTEN: He has testified this is

5 the only feasible alternative.

6 DR. BYRNE: He didn't testify to that

7 here.

8 MR. OTTEN: He has on the record.

9 DR. BYRNE: But that's not relevant to

10 the questions.

11 MR. OTTEN: It's in the record in this

12 case.

13 DR. BYRNE: I've ruled. It's

14 sustained.

15 MR. OTTEN: So did you refer to -- I

16 noticed in the testimony the Tregaron Estate

17 case. Are you familiar with that case?

18 MR. LANE: Objection, that was not

19 testified to.

20 DR. BYRNE: He didn't testify to that.

21 MR. OTTEN: Are you familiar with the

22 Tragana --


78


2 MR. OTTEN: Is the Tragana Estate

3 public?



6 MR. OTTEN: This is ridiculous. I'm

7 asking the Deputy Mayor. He should know these

8 answers.

9 DR. BYRNE: It's not a question of

10 what he knows. It's a question about the legal

11 procedure that we're following.

12 MR. OTTEN: Exactly.

13 DR. BYRNE: Okay.

14 MR. OTTEN: This is really

15 unbelievable. The prejudice in this case is

16 unbelievable.

17 So, did you claim how many

18 construction jobs -- and I object to the smirking

19 by Mr. Lane that's consistently happening in this

20 case right now. Have some professional aspect,

21 Mr. Lane. The constant smirking is not

22 appreciated and it's not professional.


79

1 MR. LANE: Sir, you are badgering the

2 gentleman.


4 DR. BYRNE: Okay, let's be quiet for

5 a minute, please.

6 MR. OTTEN: I don't appreciate this --

7 DR. BYRNE: I don't appreciate the

8 fact that you are not conducting the examination

9 in a way that is professional. I am trying to

10 give you --

11 MR. OTTEN: I'm not asking questions

12 that are professional here?

13 DR. BYRNE: Correct. You're asking

14 many questions that are outside the scope of his

15 testimony.

16 MR. OTTEN: He's the Deputy Mayor for

17 the city.

18 DR. BYRNE: That is something that

19 somebody who is not a lawyer wouldn't necessarily

20 understand.

21 MR. OTTEN: So, getting back to the

22 public benefits, can you remind us of your


80

1 testimony because I don't recall your testimony

2 about the public benefits in this case so I can

3 understand what he testified to.

4 DR. BYRNE: Sustained. He's already

5 testified to it three times.


7 MR. OTTEN: Oh, we want to get on. We

8 just want to rubber stamp this thing. Okay.

9 What are the positive fiscal impacts

10 that you've testified to in this case?


12 vague. If there's a specific question about the

13 testimony that's fine. If it's general questions

14 asking for restating the testimony.

15 DR. BYRNE: You're just asking him to

16 restate the testimony that he's already given.

17 MR. OTTEN: Okay.

18 DR. BYRNE: I don't want to spend time

19 on that. I want to get on to the issues that are

20 going to decide this case.

21 MR. OTTEN: Which is the ones he's

22 testified to.


81

1 DR. BYRNE: Many of them are, but only

2 in a very general way. Let them put their case

3 on and then you can engage with people who have

4 detailed knowledge about the project.

5 MR. OTTEN: So the case has started,

6 correct?

7 DR. BYRNE: Don't ask me questions

8 like that.

9 MR. OTTEN: You just said let them put

10 their case on.

11 DR. BYRNE: Yes.

12 MR. OTTEN: Mr. Kenner is their first

13 witness.

14 DR. BYRNE: I know but you're taking

15 up a great deal of time with a lot of stuff

16 that's not going to be relevant -- that is not

17 appropriate for the hearing and the decision in

18 the case.

19 And I would like you to be more

20 circumspect and to wait. If you want to examine

21 him about the scope of his testimony, but I am

22 not going to give you any more leeway to go


82

1 outside of what he testified to because I really

2 want to get on with this case.

3 I don't know what your agenda is, but

4 my agenda is to decide the case according to the

5 remand from the court of appeals.

6 MR. OTTEN: Mr. Kenner, are you

7 familiar the filter pits that are underneath the

8 park, 25 acres.


10 DR. BYRNE: Sustained. He didn't

11 testify about filter beds.

12 MR. OTTEN: Mr. Kenner, isn't this

13 case relating to the demolition of the historic

14 assets at this site.


16 DR. BYRNE: I'll let him go with that.

17 Obviously it is about the demolition. That's

18 what the case is about. It's about the

19 demolition of the cells.

20 MR. OTTEN: I want to understand what

21 he understands.

22 DR. BYRNE: It doesn't matter what he


83

1 understands.

2 MR. OTTEN: He's the Deputy Mayor.

3 DR. BYRNE: But it doesn't matter.

4 For that purpose it doesn't matter. It matters

5 what the applicant's case is as presented in

6 evidence to me.

7 MR. OTTEN: He's part of the

8 applicant's case.

9 DR. BYRNE: He as a human being is not

10 part of the case. The submissions that they make

11 are the case.

12 MR. OTTEN: I'm asking about the

13 submissions.

14 DR. BYRNE: You're not asking about

15 things that he's testified to.

16 MR. OTTEN: He's supporting this case.

17 DR. BYRNE: It doesn't matter.

18 MR. OTTEN: This is ridiculous.

19 DR. BYRNE: Sir, you are really not

20 being very helpful to the elucidation of the

21 case. You're not following the procedures.

22 You're slowing everything down. We can't get to


84

1 the witnesses who actually can answer the

2 questions that you or your other opponents may

3 have. So I'm going to ask you to please cease

4 and desist and let's move on with the case.

5 MR. OTTEN: So, Mr. Kenner, you

6 testified to the views with regards to this plan,

7 the view sheds that are protected in this plan,

8 correct?

9 DR. BYRNE: I don't believe he did.

10 MR. OTTEN: Yes, he did. I wrote it

11 down.

12 MR. KENNER: Where in my testimony it

13 says that.

14 MR. OTTEN: You said it about 30

15 minutes ago.

16 MR. KENNER: Please refer to where in

17 my testimony I said that.

18 MR. OTTEN: I don't have your

19 testimony in front of me.

20 DR. BYRNE: I'm going to sustain the

21 objection. I didn't hear him say anything about

22 view sheds.


85

1 MR. OTTEN: Is that important to you

2 as the Deputy Mayor?


4 MR. OTTEN: Did you testify to the

5 exemplary architecture in this case?


7 DR. BYRNE: He's already answered that

8 question.

9 MR. OTTEN: Did you testify to the

10 traffic accessibility around this site?


12 MR. OTTEN: It has to do with --

13 DR. BYRNE: He didn't testify --

14 MR. OTTEN: Yes, he did. He testified

15 to the integration of this site into the

16 surrounding network of roads.

17 MR. KENNER: I did not -- or please

18 tell me where in my testimony I said that.

19 MR. OTTEN: You tell me. You didn't

20 say that?

21 MR. KENNER: I testified before, sir,

22 so please tell me what question that's within the


86

1 scope of my testimony you're asking.

2 DR. BYRNE: Okay, Mr. Otten, you're

3 finished for now. You can come back.

4 MR. OTTEN: I object to this whole

5 case, the posture, the issues. He's stated this

6 in writing already.

7 DR. BYRNE: I know.

8 MR. OTTEN: This gentleman is the

9 Deputy Mayor. He should know all these answers.

10 The fact that he doesn't. I have just one more

11 question if I could.

12 I believe he testified to the

13 preservation covenants on this site, did he not?

14 DR. BYRNE: No.

15 MR. OTTEN: So you're not aware of

16 preservation covenants on this site?


18 MR. OTTEN: So these are questions for

19 later witnesses is what you're saying?

20 DR. BYRNE: If they testify about

21 them. Or you could put on your own witnesses,

22 you know.


87

1 MR. OTTEN: Put all this record

2 already. So that's what I need to clarify. I

3 heard that this is limited to the four corners of

4 what they just said right now when that is not

5 the case.

6 You know the case law as much as I do.

7 Whatever's on the record can be cross examined.

8 DR. BYRNE: Not true.

9 MR. OTTEN: Yes, it is.

10 PARTICIPANT: I don't have any

11 questions for Mr. Kenner.

12 MS. FERSTER: Mr. Deputy Mayor I just

13 have two quick redirect questions.

14 You mentioned the public-private

15 partnerships that you do through the Deputy

16 Mayor's office. All of those have high standards

17 for projects.

18 MR. KENNER: Correct.

19 MS. FERSTER: And you would not

20 typically find those high standards in a matter

21 of right project, is that correct?

22 PARTICIPANT: Leading the witness.


88

1 MS. FERSTER: Latitude --

2 MR. KENNER: That is correct.

3 MS. FERSTER: Okay, thank you.

4 DR. BYRNE: Done with Mr. Kenner?

5 Okay, Mr. Kenner. Thank you very much.

6 MS. BROWN: Thank you. Our next

7 witness will be Mr. Chris Ruiz of Silman

8 Architects.

9 In our slideshow the order of

10 presentation for your convenience are the order

11 and issues they will be addressing. And we would

12 like Mr. Ruiz to be qualified as an expert

13 witness. I have his resume here for your review.

14 DR. BYRNE: Okay.

15 MS. BROWN: As you may recall Mr. Kirk

16 Mettam from Silman was the expert that testified

17 before in the previous proceedings. He could not

18 be here with us today so his associate Mr. Ruiz

19 is here in his place. And he has been working on

20 this project for quite some time.

21 DR. BYRNE: Okay. Any objection?

22 MS. FERSTER: Mr. Ruiz, are you


89

1 licensed as a professional engineer in the

2 District of Columbia?

3 MR. RUIZ: I do not hold a

4 professional engineering license in the District

5 of Columbia.

6 MS. FERSTER: Then I object.

7 DR. BYRNE: On what grounds?

8 MS. FERSTER: That he's not qualified

9 to testify on structural issues relating to a

10 project that has to qualify in the District of

11 Columbia.

12 MR. RUIZ: I have a professional

13 engineering license in the State of Florida,

14 Delaware, and a structural engineering license in

15 the State of Illinois.

16 If I did apply for licensure in the


18 DR. BYRNE: I'm going to overrule the

19 objection.

20 MS. BROWN: Thank you. Mr. Ruiz,

21 could you proceed with your testimony?

22 MR. RUIZ: Absolutely. Good morning,


90

1 Mr. Byrne.

2 DR. BYRNE: Good morning, Mr. Ruiz.

3 MR. RUIZ: Again, my name is

4 Christopher Ruiz and I am a structural engineer

5 associate at Silman, a structural engineering

6 firm in the District of Columbia.

7 As Ms. Brown mentioned, Kirk who

8 previously testified apologizes and wishes he

9 could be here but unfortunately he had a

10 scheduling conflict.

11 My presentation today is to address

12 remand issues number three and four.

13 Additionally, I'm here today to provide an update

14 since our last testimony.

15 Since 2014 additional investigations

16 and analysis were performed and conclusions

17 presented in our previous testimonies and reports

18 have not changed.

19 While you've heard this before, I

20 would like to give a brief overview of the

21 underground structures on this industrial site as

22 a refresher and for the benefit of those present


91

1 that were not present at previous proceedings.

2 On the lefthand side of the image on

3 the screen we see the entire site. Underlaying

4 the site are three large continuous concrete

5 masses outlined in bold white lines.

6 Within these masses there is an array,

7 a 4 deep by 5 wide array of filter beds often

8 referred to as cells.

9 These unreinforced concrete structures

10 can individually retain a volume of water.

11 If you zoom into one of these cells

12 you see that there's only one way into the cell

13 which is down a ramp. Each cell is confined by

14 four walls. The walls between the cells serve as

15 party walls and act as support for both cells.

16 The walls around the perimeter of the

17 site form the berm and the plinth.

18 Within these cells there are over 200

19 columns each supporting a vault. In all there

20 are 4,000 of these vaults over 20 acres of the

21 underground cells.

22 I would like to give a quick brief


92

1 review of the structures and how they work. The

2 cells were constructed with unreinforced concrete

3 which means there's no reinforcing steel in the

4 concrete.

5 Additionally there is no

6 waterproofing.

7 I want to restate for the record that

8 unreinforced concrete is not permitted by code

9 today. Simply put, we don't do it. The only

10 place that we use unreinforced concrete is

11 between you and the ground which are sidewalk

12 grade or foundations.

13 Unreinforced concrete fails without

14 warning and catastrophically. In reference to

15 these cells just because a cell has not collapsed

16 doesn't -- or a collapse has not occurred does

17 not mean it will not.

18 It is important to note that the cells

19 were never intended for occupancy and the roofs

20 of the cells were never intended to support

21 additional loads or unbalanced load.

22 As previously presented the concrete


93

1 roof structures are vaults. Vaulted structures

2 work in compression and compression only.

3 They're very ancient forms of structure.

4 These vaults require lateral

5 restraints to remain stable and to resist the

6 thrust forces.

7 Also note that these structures are

8 over 100 years old. As I will show you these

9 structures have not fared well over their

10 lifetime and have moved and cracked due to a lack

11 of reinforcement.

12 For the benefit of those here I wanted

13 to give a brief review of the site conditions

14 prior to construction on the site.

15 This site required a significant

16 regrading due to the existing topography. The

17 white lines represent the area along the old

18 Tiber Creek that ran through the site.

19 This area had to be filled with soil

20 in order to level the site. We had seen

21 significant settlement of the fill materials

22 since they were first placed.


94

1 The coloring of the cells represents

2 degrees of damage to these unreinforced concrete

3 cells based on surveys on current conditions, red

4 being the worst condition ranging to green having

5 minor damage.

6 As noted previously the conditions can

7 change without warning, meaning the green cells

8 could become yellow, yellow to red, red to

9 collapse.

10 You will notice a direct correlation

11 between the location of the fill materials and

12 the observed damage.

13 There is also a correlation between

14 the lateral restraint provided at the perimeter

15 of the cells and the observed damage.

16 These structures are sensitive to both

17 settlement and lack of lateral restraint.

18 It's important to note that any

19 scenario where we subdivide these structures we

20 are going to be creating a similar condition to

21 the perimeter cells.

22 We're going to be creating an edge


95

1 zone which means we will compromise the adjoining

2 cells.

3 Those three green cells are

4 uncompromised today, but it's such a sensitive

5 structure that anything that we do is going to

6 compromise those to some degree later.

7 Regardless of condition any of these

8 cells would require significant stabilization

9 which I'll describe in a later slide.

10 The safety issues are obvious when you

11 get on site. There are gaping holes along North

12 Capitol Street on the high side of the berm where

13 the structure has collapsed under its own weight.

14 I have included several photos showing

15 the collapses of cells 24 and 25.

16 I can offer a brief description of why

17 this happened. Initially, cracking of the

18 concrete occurred right at the apex of the vault.

19 Once this crack forms more hinges form

20 throughout the structure. Think of a hinge on a

21 door. Ultimately when three hinges form and

22 movements reach a critical condition an


96

1 instability in the structure forms and the vault

2 plunges through failing catastrophically.

3 The animation on the slide provides an

4 illustration of a collapse.

5 These failures involve a sudden

6 collapse of tons of soil and concrete materials,

7 a very dangerous situation.

8 This slide illustrates three generic

9 reuse schemes that were investigated by Silman, a

10 topside use, topside interior use, and an

11 overfill scenario.

12 A topside use scenario would require

13 complete removal of the soil above the cell and

14 replacing it with a new reinforced concrete slab

15 which would be designed to stabilize the

16 structure and to support light maintenance

17 vehicles and equipment on the new soil above.

18 The new slab would also accommodate

19 waterproofing and drainage.

20 Based on our analysis the added weight

21 also requires us to reinforce the existing

22 foundations. In theory the interior would appear


97

1 as it does today.

2 However, it would not be accessible

3 for occupancy and temporary access would have to

4 be maintained for periodic inspection.

5 This is the way we anticipate cell 14

6 would be reinforced. D.C. Water currently

7 controls filter 14 and final determination of

8 cell 14 use cannot be made until after D.C. Water

9 vacates cell 14 and stabilization is in place.

10 The second scenario we investigated

11 was a topside interior use which would introduce

12 risk to the occupants. It would require that the

13 underside of the structure remains visible so it

14 can regularly be inspected, monitored and

15 maintained against hazards like falling concrete.

16 This solution is not a conventional

17 50-year solution but it is something that could

18 be done in theory.

19 Moreover, there are additional non-

20 structural challenges with this scenario which

21 are significant and will be discussed in detail

22 in the next slide.


98

1 An overfill scenario would require

2 inserting new columns in the middle of a 14 foot

3 column bay in order to limit the demolition of

4 the existing foundations and isolate new

5 structures from the historic construction.

6 Our analysis indicates that this could

7 accommodate up to two to three story light frame

8 construction. However, putting regulated space

9 columns in the middle of a 14 foot bay destroys

10 the historic value of the cells.

11 This slide lists the numerous non-

12 structural challenges for reuse. The cells do

13 not have adequate ceiling height needed for the

14 insertion of services like water, sewer, and

15 other MEP services and be code compliant.

16 Removing the sand would not solve the

17 problem because of the need to reinforce the

18 existing foundations.

19 As mentioned previously the ceilings

20 need to remain visible for inspection, further

21 challenging the placement of services and

22 utilities.


99

1 Any use of the interior of the cells

2 would require ADA, fire, light, safety upgrades.

3 These upgrades will have a significant impact on

4 the structural stability and integrity of the

5 historic resource.

6 There are also security challenges

7 with these structures.

8 I want to note that there are over

9 4,000 vaults over 20 acres. I make this point to

10 reiterate the amount of repetition of these

11 structures on site.

12 In summary, the existing filters are

13 purpose built industrial structures with

14 significant limitations to reuse inherent in both

15 the design and construction.

16 The existing vaults are unique in

17 their construction, but of very limited use

18 except as a relic of industrial archaeology.

19 Time has demonstrated these

20 limitations and has caused the structure to be

21 compromised, severely in some cases.

22 We could save practically any of these


100

1 cells with different degrees of difficulty and

2 cost. However, occupancy of the vaults is not

3 feasible except at a very small scale and at a

4 high cost.

5 Silman has assessed the conditions of

6 the cells and developed options for reuse.

7 Quickly going through the reuse scheme Silman has

8 determined that the topside use is feasible with

9 significant intervention.

10 Interior use is not practical due to

11 the numerous limitations and challenges presented

12 as well as the significant structural

13 intervention required.

14 Overbuild requires significant

15 intervention with no historic value. This scheme

16 eliminates the historic value of the cell by

17 greatly altering the historic space and

18 structure.

19 The concrete frames of the cells

20 consist of repeating structural layout for an

21 entire city block, 4,000 in all, all of which

22 have to be stabilized at a minimum just to allow


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1 access to the topside.

2 Any one cell offers a complete

3 interpretive experience of the below grade

4 portion of the entire site.

5 In conclusion, the proposed master

6 plan that has developed emphasizes the unifying

7 characteristics of the site, the above grade

8 features, the site organizational features, the

9 landscape characteristic known as the plinth, as

10 well as offering a complete interpretive

11 experience of the below grade structures for the

12 preservation of cell 14.

13 In addition, the integration and

14 adaptive reuse of cell 28 into the landscape

15 design can increase public awareness of the

16 uniqueness of this site.

17 That concludes my testimony. Thank

18 you for your time.

19 MS. BROWN: I have two quick

20 questions. Mr. Ruiz, since your last report have

21 there been any innovations in structural

22 engineering that would allow you to save more


102

1 cells without the level of intervention as you

2 described in your testimony?

3 MR. RUIZ: No, not that I'm aware of.

4 MS. BROWN: And is there any new

5 literature or studies on the salvaging and

6 reinforcing of unreinforced concrete?

7 MR. RUIZ: No, not that I'm aware of.


9 DR. BYRNE: Okay. So we're going to

10 go through all of your witnesses. Mr. Ruiz, let

11 me ask you a question myself.

12 I am aware of Capitol Crossing

13 Project, it's right next to where I work at

14 Georgetown Law School. And they are putting a

15 slab and buildings above an interstate highway

16 which is really quite laudable.

17 So, just looking at this I was

18 wondering whether it's feasible to create new

19 supports for the surface that would be new

20 columns to support a slab surface that would

21 leave more cells intact.

22 In other words whether you can sort of


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1 --

2 MR. RUIZ: Bridge it over.

3 DR. BYRNE: Bridge it over, yes.

4 Right. So I don't know, you may have touched on

5 them here, but I didn't specifically see it.

6 I see it on the overbuild one there

7 seems to be a new column added.

8 MR. RUIZ: Right, so the overbuild

9 scenario would include putting cells -- sorry,

10 putting columns through the manhole locations and

11 through the filters going completely over the

12 cells, not feasible, and maintain the plinth.

13 In theory you could build some things

14 completely over but the depth required would not

15 maintain the other features presented.

16 DR. BYRNE: It wouldn't maintain the

17 plinth.

18 MR. RUIZ: Correct, because you only

19 have 2 feet between the top of the filter and the

20 plinth elevation of 170.

21 The project you're referring to as an

22 example, don't quote me on the exact depth, but


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1 I'm actually working nearby so I'm familiar with

2 the project, the plate girders that are going

3 above and bridging over the highway are in excess

4 of 5 plus feet. So we would be destroying the

5 plinth if we were to try to overbuild.

6 DR. BYRNE: I see.

7 MR. RUIZ: Not to mention this

8 structure as I said is unreinforced so putting --

9 standing over and putting that kind of loading

10 adjacent to would need to be carefully studied

11 and could have harm. Any settlement could cause

12 --

13 DR. BYRNE: Could cause the

14 significant risk of the cell columns themselves

15 collapsing because of the change in the tension

16 of the surface.

17 MR. RUIZ: A change in loading due to

18 settlement.

19 DR. BYRNE: Thank you.

20 MS. BROWN: If I can ask one quick

21 follow-up question.

22 If you were able to even achieve that


105

1 girding over it you wouldn't be able to get any

2 below grade parking would you? In the cells.

3 MR. RUIZ: Within the cells?

4 MS. BROWN: Right.

5 MR. RUIZ: Right. The below grade

6 parking within the cell would not be feasible

7 from just the fact that you have 14 by 14 foot

8 columns.

9 DR. BYRNE: Your testimony would be

10 that it still would be extremely dangerous to

11 allow people down there because the unreinforced

12 concrete columns could collapse.

13 MR. RUIZ: Well, as unreinforced

14 concrete columns the --

15 DR. BYRNE: If the building wasn't

16 coming down upon them it still could collapse

17 internally.

18 MR. RUIZ: Correct. And your reuse

19 scenario would require careful inspection. And

20 also introducing a vehicle into an unreinforced

21 concrete structure would be additional risk

22 because of impact.


106


2 MS. BROWN: Our next witness is Emily

3 Eig who's already been qualified as an expert in

4 historic preservation and architectural history.

5 DR. BYRNE: Welcome back, Ms. Eig.

6 MS. EIG: Good morning, thank you,

7 Judge Byrne.

8 I would like to first set a foundation

9 for our discussion today and then I'll come back

10 later in the witness rotation.

11 But I would like to start with just to

12 refresh us about the McMillan reservoir, the sand

13 filtration plant and the public recreation park.

14 This is a historic photograph

15 obviously at the time that the site was completed

16 and landscape which followed had been completed.

17 The site is a D.C. landmark. It is

18 also recently placed on the National Register as

19 a historic district.

20 However, we are operating here under

21 D.C. law so it's the qualities that are the

22 special merit go towards landmark.


107

1 Just to remind us all that the

2 landmark is actually 92 acres. And I think you

3 can see the black dotted line around the green,

4 the deeper colored space shows you the boundaries

5 of the landmark.

6 It includes to the south there's a

7 part that's gray that that's where the public

8 park, recreational park existed at one time.

9 And the part that is in orange is the

10 site that is approximately -- it's a little more

11 than 25 percent of the entire landmark.

12 And I should note that the sand

13 filtration plant itself, it extends over to the

14 west side of First Street. And it being

15 designated the way it was it was really a product

16 of the Olmstead landscape design where he broke

17 it into different sections.

18 This is a drawing that we located

19 actually recently and I think that we should

20 point out that the landmark application was

21 prepared before all of the Olmstead records were

22 actually available.


108

1 You might remember that we were very

2 fortunate just as of timing to be able to have

3 access. They finally finished indexing them in

4 Brookline where the Olmstead archives is.

5 And we learn more of history every day

6 as you might imagine.

7 DR. BYRNE: This is the Olmstead site

8 in the summer -- spring. It's really quite

9 spectacular.

10 MS. EIG: It is quite spectacular,

11 yes.

12 So this is an interesting image that

13 shows you the topography that existed at the time

14 that they defined the boundary of the entire

15 reservoir site. And the reservoir was there, but

16 the actual creation of this as a unified setting

17 with the sand filtration plant is represented in

18 this drawing.

19 At the time that the plant location

20 was identified the site that is to -- that the

21 filtration plant and the area to the west of

22 First Street exists on was actually subdivided


109

1 and no construction had taken place but it was

2 subdivided and record lots and streets had been

3 recorded.

4 The drawing on the upper right-hand

5 side gives you an idea of what that looked like.

6 And I think that this image that shows the

7 plinth, it's essentially the structure that

8 allowed the site to be level because for the

9 water filtration to work the site needed to be at

10 a level grade, not at the topography that was

11 quite many different grades that existed there.

12 And obviously most dramatically going

13 south where it goes down to North Capitol Street

14 towards the south.

15 It was an industrial site. It was not

16 a public park. It had a walk around it that the

17 public was invited to walk on and to observe the

18 views across what Olmstead referred to as the

19 plain.

20 He planted trees around the entire

21 walk as an effort to keep people on the walk

22 because they were not invited to the plain where


110

1 there were not just the cells were there, but

2 there were manhole covers throughout the entire

3 20 acres on a regular basis.

4 And the manholes, one-third at any

5 time was open when they were operating the

6 filtration -- the filtration plant was in

7 operation all the time and one-third of those

8 manhole covers were open at any one time.

9 Originally there was a lot of manual

10 labor and people have recorded seeing horse

11 buggies going across the surface courts. Those

12 were actually the horses that carried the sand

13 across the site.

14 But later it became mechanized with

15 the introduction of tractors and the like that

16 we're more familiar with today.

17 I thought it would be good to remind

18 us where the recreational park was and this

19 image, these photographs, every photograph is

20 actually on the west side of First Street and it

21 shows the park and how beautiful it was with the

22 McMillan Fountain that was put in.


111

1 And the circle shows you the location

2 of that fountain.

3 And we're here to talk about the site

4 --

5 DR. BYRNE: I'd like to just ask a

6 question about the fountain. I was going back

7 over your report and the pieces of the fountain

8 are still lying around. Maybe some of them have

9 been identified but not all.

10 MS. EIG: Well, we actually made --

11 after the Mayor's Agent's decision there was some

12 work that was done and we were able to identify

13 and inventory all of the stone pieces are all at

14 Fort Washington. And we were able to actually as

15 I said using the historic drawings we were able

16 to determine that we have every piece of stone

17 that was originally around the fountain. And

18 pieces of the fountain are also on the Corps of

19 Engineers site, but it's been dissembled

20 obviously.

21 But that was -- we knew that they were

22 probably out there, but actually it was


112

1 remarkable to say yes, we found them all.

2 DR. BYRNE: Any consideration about

3 the possibilities of putting it back together?

4 MS. EIG: That's been discussed. It's

5 a very expensive proposition to do that, and also

6 we cannot do that on the Corps of Engineers site.

7 It's been discussed, the possibility

8 of doing it on this site in a location that would

9 be closer to where -- maybe in that bottom

10 southwestern corner, that might be a good

11 location.

12 It would be very exciting if that were

13 possible.

14 DR. BYRNE: Yes, it would be a real

15 testimony.

16 MS. EIG: Yes. So to the historic

17 resources they're also there -- actually, the

18 resources are part of the landmark. They are

19 components of the landmark. If we had a single

20 building we would not be calling them resources,

21 we'd call them components.

22 In this case as a landmark it has many


113

1 parts.

2 Starting in 2007 and then finally

3 completing in 2014 we did an inventory of the

4 historic resources that was based on work that

5 had been done by the District of Columbia like 20

6 years previously.

7 We updated that work and we

8 photographed and made sure what was there still -

9 - and identified in that process site resources

10 such as the boundaries, the topography, views,

11 landscape resources which is the primera planting

12 on the grassy plain and built resources. So

13 these three categories were critical to us to

14 understand the site.

15 In order to further understand these

16 particular components we did a study of the

17 relative level of significance. This was done

18 before we came to you previously.

19 And it is a preservation tool that has

20 been used when you have large sites like this to

21 understand what you're dealing with because it is

22 confusing.


114

1 And to do that we actually used the

2 criteria that had been developed in the landmark

3 application that was prepared. And then asked

4 ourselves questions about that to understand each

5 of the different parts.

6 And we assessed each of these

7 resources.

8 Also part of this is an integrity

9 evaluation and the seven design materials,

10 workmanship, building association, setting,

11 location are part of the best practices in terms

12 of identifying the integrity that is based on the

13 National Register's approach.

14 And as you can see we used historic

15 photographs as well as current photographs. And

16 the photographs here are from 2015 of just

17 showing regulator house 5 and service court

18 number 2. Just giving you an idea of what things

19 look like.

20 There are many historical photographs.

21 I think you've seen the historic preservation

22 report. And drawings now that we did not have


115

1 before. That we had, but did not have when the

2 landmark was done.

3 We did a study of this to determine a

4 proposed preservation approach. The report was

5 done before there was any proposal for a specific

6 development, but rather we knew there would be

7 development on the site. And this was to be a

8 tool to help there to be a discussion of what was

9 most important about the site.

10 It was the recommendation. It

11 actually allowed for the flexibility for the

12 development to be moved around as appropriate to

13 make this work.

14 The recommendations included general

15 site recommendations, resource specific treatment

16 recommendations, and resource specific

17 mitigations, but they were generalized.

18 The scope as required by the deed was

19 to follow the Secretary of Interior's standards

20 and guidelines for the resources that were going

21 to be rehabilitated.

22 There was restoration in fact of the


116

1 high level resources and in some cases they were

2 rehabilitated. Stabilization, preservation. A

3 plan for maintenance and repair was recommended

4 and there was retaining reconstruction and

5 rebuilding I should say was also used as part of

6 the recommendations. And this is the chart that

7 we used.

8 Because we provided a preferred

9 treatment approach and an alternative treatment

10 approach so that if you in fact did not preserve

11 a regulator house you could rehabilitate but you

12 also needed to do mitigation if none would be

13 preserved.

14 The recommendations just very quickly

15 is the site boundaries, the service courts, the

16 one regulator house and one sand bin were

17 recommended specifically for restoration.

18 We recommended rehabilitation of most

19 of the other extant resources.

20 We recommended that the missing corner

21 stairs be reconstructed and the Olmstead Walk be

22 reconstructed. As you can see it's not what it


117

1 was. Reconstruction implies that it is actually

2 missing. But there was rebuilding in certain

3 cases.

4 We also suggested mitigation and

5 mitigation included incorporating components that

6 could not be reused per se as their original

7 purpose, but they could be incorporated into a

8 new development.

9 It also was more -- also suggested

10 things such as an educational program to explain

11 things, museums, public art and the like as

12 possible mitigation measures. So it was giving a

13 general idea of what could be appropriate.

14 We also included a recommendation that

15 there be an understanding and incorporation of

16 the visual expression of the site. I think this

17 is really important because when one is dealing

18 with a landmark the retention and enhancement of

19 that landmark is key. And in order to do that

20 you must understand its identity and it was

21 necessary that not just keeping the physical

22 resources, but the identity, the character, the


118

1 sense of place that the McMillan sand filtration

2 plant provided.

3 Following the approval of the project

4 we were authorized to proceed with a historic

5 preservation plan. This plan is not something

6 that you saw in 2014.

7 The plan repeated and sort of

8 incorporated things from the original report so

9 that it would be in one place.

10 And it actually was based on the plan

11 as it was approved. So this was no longer a

12 recommendation of a general action, this was a

13 recommendation for specific action.

14 And in each case we identified the

15 resources and we did an update inventory,

16 photographs, we included images, historic

17 drawings if they were possible. So it was a one

18 stop kind of shop for information.

19 The basic treatment that we were

20 proposing, whether it was restoration or

21 rehabilitation or if demolition had been

22 proposed, and then recommendations of how to deal


119

1 with that because it was obviously complicated.

2 We worked on this report, the historic

3 preservation plan with Silman as structural

4 engineer and with Conservation Solutions as the

5 conservators. And it was very much a

6 multidisciplinary effort to come up with the best

7 recommendations.

8 DR. BYRNE: Can you explain the role

9 of the conservators?

10 MS. EIG: They actually looked at the

11 material and did testing, field testing, like

12 paint analysis. They identified wood, for

13 instance, and did a further more technical

14 assessment of condition of such components as --

15 same with Silman.

16 And there is a part of the court

17 decision that I'd like to address right now which

18 had to do with the issue of the fragility of the

19 site and the ability to perhaps not preserve what

20 we hoped to preserve.

21 And I'd like to clarify that because

22 I think I was not perhaps clear.


120

1 But in May of 2014 D.C. Water removed

2 two cells, the two most southwestern cells.

3 These images show how they were trying to

4 stabilize what they were keeping in place.

5 And as you can see there are major

6 cracks. There's a major effort to keep the

7 retaining walls that no longer have the earth

8 against them to keep them in place.

9 Major efforts to actually keep things

10 in place. You can see the rods that are in the

11 next door, the cell 28 that was necessary to

12 stabilize that while they were doing

13 construction.

14 They were obligated to return

15 everything to the state that it was when it was

16 finished. But it did make me realize that what I

17 had tried to say was that any of these things

18 could have failed at some time.

19 And it wasn't that we weren't trying

20 to preserve it.

21 So we put into the historic

22 preservation plan procedure in the event of


121

1 unanticipated damage and that is what I was

2 talking about. If something happened that was

3 not planned.

4 And the emergency procedures are

5 protocol is in the plan. The plan has been

6 approved, adopted by the Historic Preservation

7 Review Board.

8 And it provides a specific procedure

9 of what happens, who calls, when does it have to

10 happen, how is it documented, how is the decision

11 made as to the action.

12 And I think it's important to state

13 that it does involve the D.C. SHPO, the

14 structural engineer, the historic preservation

15 specialist, the owner, the contractor, and the

16 idea is that -- as well as DCRA of any code

17 issues that there would be a concurrence as to

18 what the immediate action. It's a very quick

19 emergency call.

20 The resource would follow within two

21 days according to this protocol. But the idea is

22 that work would stop immediately. People would


122

1 be called. They'd know what they have to do to

2 come to a quick decision to save what they could

3 save and make sure that the goal of course is

4 preservation in every effort. So I hope that

5 that clarifies that.

6 It's very similar to what happens with

7 the unanticipated archaeological discovery.

8 Because of the nature of this site, like the

9 archaeologist has shown that there is not likely

10 to be any discoveries because of the creation of

11 the plinth, but there is law that says

12 specifically to do this.

13 There is not preservation law that

14 follows that, but this is a procedure that is now

15 adopted and anticipated. We hope we don't have

16 to use it.

17 So in conclusion for this section I

18 would like to say I think that the proposed

19 McMillan plan was informed by the landmark. It

20 was designed to retain and enhance the character

21 defining features.

22 I will explain later a little bit


123

1 about how this all came together, but I think

2 it's important to understand that there were many

3 pressures on this site. I think that's obvious

4 as to what should happen to it.

5 And retaining the identity of the site

6 as McMillan was a key part of that. How that

7 happened is what you are looking at.

8 But the fact that that was the goal

9 through this is very important that we all

10 understand. Thank you.

11 MS. BROWN: I have one quick follow-up

12 question just to underline and put it in bold and

13 make sure everybody's clear.

14 You did clarify very well, Ms. Eig,

15 about the emergency plan. The number one goal is

16 that you are preserving cell 14 and partial

17 preservation of cell 28 end of story.

18 MS. EIG: Yes.

19 MS. BROWN: Okay. Thank you.


21 MS. BROWN: We will return to Ms. Eig,

22 but that was the foundation for how the plan was


124

1 developed.

2 So we are turn now to Matt Bell who

3 will give his testimony.

4 DR. BYRNE: Very good. And Mr. Bell

5 has already been qualified.

6 MS. BROWN: Yes, he was qualified last

7 time. Thank you.

8 MR. BELL: Good morning, Professor

9 Byrne.

10 DR. BYRNE: Good morning, Mr. Bell.

11 MR. BELL: I'm Matt Bell, principal

12 with Perkins Eastman D.C. and we are the lead

13 designers for the McMillan master plan.

14 The plan as illustrated consists of

15 healthcare uses, residential uses of which about

16 85 are senior uses, for sale rowhouses, 99,000

17 square feet of retail uses and 12 acres of park

18 and open space.

19 The master plan was developed between

20 2006 and 2014 with the participation and input of

21 citizen groups and city civic associations, D.C.

22 agencies, the Zoning Commission and the Historic


125

1 Preservation Review Board.

2 In the end the plan reflects direct

3 public input, adjustments made because of zoning

4 and preservation issues and a conceptual

5 direction that embraces the character of the 25

6 acre McMillan landmark.

7 For this presentation I will address

8 issues three and four alternatives to demolition

9 and issue two special merit features of land

10 planning and architecture.

11 I will demonstrate that the plan and

12 the program we are proposing with all the

13 benefits and constraints the proposed plan for

14 McMillan is the only feasible way to retain a

15 substantial part of the property as open space

16 and make the site usable for recreation purposes,

17 and the special merit of the plan we are

18 proposing cannot be achieved with less

19 demolition.

20 The site is located as part of the

21 overall landmark of McMillan as has been

22 explained which is 92 acres.


126

1 Across the street is a diverse context

2 with a reservoir to the west and civil structures

3 and filtration cells today maintained by the Army

4 Corps of Engineers but the site is varied on all

5 sides, medical to the north with the hospital

6 center and the VA, the balance of the landmark to

7 the west across First Street and east and south

8 are townhouse development.

9 The site is located as part of the

10 overall -- excuse me, sorry.

11 This slide shows the plan in context.

12 And the plan is responsive to each of the

13 different contexts of the site.

14 Healthcare uses to the north are

15 adjacent to the Washington Hospital Center.

16 Residential uses to the center towards

17 residential districts.

18 The park, a high priority of

19 residents, to the south near Bloomingdale and

20 other residential neighborhoods.

21 Retail, also a high priority of the

22 community is convenient to day workers and


127

1 visitors to the Washington Hospital Center and

2 the VA and also to residential neighborhoods due

3 to connectivity of the street system.

4 The community center and pool are also

5 a high priority and the park is also convenient.

6 The development program as specified

7 here is a rich and diverse development program

8 which includes healthcare buildings which will

9 have activity during the day, diverse residential

10 opportunities, retail opportunities that don't

11 currently exist in the neighborhood and of course

12 open space.

13 I will now show how the plan is

14 consistent with the character defining features

15 of the landmark.

16 I will review the design options of

17 the plan we developed over time. The challenge

18 we faced from the Historic Preservation Review

19 Board to articulate the essential characteristics

20 of the landmark, and in doing so show how those

21 defining characteristics are replaced in the

22 development of the plan.


128

1 It should be pointed out that

2 preservation of the McMillan site is a

3 significant aspect of the comprehensive plan as

4 well as a significant element.

5 Significant characteristics are its

6 tripartite organization, two long east-west

7 service corridors with aboveground features, the

8 plinth, most emblematic, most emphatic when

9 viewed from the neighborhood particularly to the

10 south, views across the site from First Street to

11 North Capitol Street related to the site across

12 the street, and the perimeter Olmstead Walk.

13 So the challenge from HPRB was to

14 develop a master plan approach that embraced the

15 features you have just heard outlined and to

16 align three aspects - the comprehensive plan, the

17 development program, and the characteristics of

18 the landmark.

19 Our plan does that. The tripartite

20 organization is the basis of the plan. The above

21 grade north and south service course are

22 preserved, rehabilitated and incorporated into


129

1 the new plan.

2 The plinth that establishes the

3 exterior character of the landmark for the

4 community is reconstructed.

5 The Olmstead Walk is reconstructed.

6 Views across the landmark are maintained in the

7 park in the service course.

8 Underground cells are incorporated

9 into the public experience of the master plan.

10 Cell 14 to the upper right and cell 28

11 apportioned in the park.

12 Stormwater management features are

13 incorporated throughout. Three parks, open

14 spaces are incorporated. Healing gardens above

15 cell 14 and the 6.2 acre park which includes 8

16 acres of the south service portage included to

17 the south, to the southern part of the site.

18 A new street network provides mobility

19 internally and connects to the community in

20 several new locations and enhances existing

21 locations. So it's much more accessible.

22 Program is located according to


130

1 adjacency. As I mentioned healthcare to the

2 north, residential to the center, community

3 center and park to the south closer to

4 residential areas, and retail frontage. Retail

5 is located where there is an intersection of

6 commercial and residential program, and closest

7 to the existing development of the VA and

8 Washington Hospital Center in the north service

9 court, and in regulator houses and sand in places

10 at the south service court.

11 The plan has evolved over the course

12 of time between 2006 and 2014 with many

13 alternatives considered and each iteration the

14 result of more citizen and regulatory input, and

15 showing less demolition as the plan developed.

16 In addition, the master plan

17 addresses, balances, and incorporates elements of

18 the city's comprehensive plan as I mentioned. It

19 is the appropriate balance of open space, mixed

20 use development, and preservation/adapt for use.

21 I will now go through the evolution of

22 the plan alternatives.


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1 The 2006 plan covered much of the

2 site, had no healthcare facilities and did not

3 include much preservation. No plinth, no filter

4 beds, no complete piece of historic fabric

5 preserved. Only 4 of 20 silos preserved, 1 of 4

6 regulator houses preserved, no sand washer, no

7 Olmstead Walk, no adaptive reuse, no tripartite

8 organization. And the blocks had no clear

9 relationship to the historic pattern of the

10 resource.

11 The 2008 plan included both north and

12 south service courts but still had no clarity of

13 the tripartite organization. No plinth, no

14 filter beds, only 16 of 20 silos preserved, no

15 sand washers, no Olmstead Walk in its historic

16 location, no adaptive reuse, no community

17 facilities, no healthcare. Tripartite

18 organization is only emerging as I mentioned.

19 Lots have no clear relationship to the historic

20 pattern of the resource.

21 2009 included all of the north service

22 court except for one silo, partial south service


132

1 court but had no plinth, no filter beds, only 11

2 of 20 silos preserved, no sand washers, no

3 historic Olmstead Walk in its location, no

4 adaptive reuse. Again, buildings with no clear

5 relationship to the historic patterns of the

6 resource, no community facilities and no

7 healthcare. And very little underground cell

8 preservation.

9 The 2011 plan included a larger park

10 stretching from North Capitol Street and views

11 across. Cell 14 was preserved, supported views

12 into the site from North Capitol Street here

13 coming down to North Capitol into the site.

14 It had no plinth preserved so it had

15 1.5 filter beds preserved. But again, no

16 tripartite organization. The Olmstead Walk is

17 very fragmentary on the east side. And again,

18 the buildings have very little or no clear

19 relationship to historic patterns of the

20 resource.

21 However, the north and south service

22 courts were retained, healthcare uses were


133

1 introduced, silos and regulator houses were

2 slated for rehab and reuse, and there was a

3 community facility in the park.

4 Part of the problem here was the

5 community wanted a bigger park and we listened.

6 The Olmstead park and plinth was not continuous

7 or evident and as I mentioned the tripartite

8 organization not yet there. But it was progress

9 and more preservation.

10 In 2012 no plinth but we did have one

11 and a half filter beds preserved and we'll talk

12 more about that.

13 The tripartite organization was

14 emerging but was weak. The Olmstead Walk was in

15 fragments still. More emergent on the east side

16 but still a fragment, and again a problem with

17 the lots adjacent to the resource.

18 But does include healthcare uses, a

19 more mixed use program, retail, community uses.

20 But again, the tripartite organization and the

21 park size was thought to be a problem.

22 In 2014 we made a big leap forward.


134

1 All the plinth was included. One and a half

2 filter beds preserved. The clear tripartite

3 organization advocated by HPRB is very evident as

4 compared to the other ones and therefore

5 approved.

6 The above grade resources preserved,

7 rehabilitated and reused.

8 The view corridors were preserved and

9 enhanced both into the site, across the site, and

10 north-south with a small network of streets

11 allowing you to see from the north service court

12 to the south service court.

13 Included a park system and a larger

14 park. As I mentioned the north-south visual

15 connection was established and it was emerging as

16 a more integrated master plan, seamless with the

17 historic character defined features.

18 This plan was adopted by the Historic

19 Preservation Review Board.

20 We went to an updating of the plan

21 which is shown here which includes children's

22 playground in the park, revised stormwater


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1 locations so new plaza details. Some detail

2 changes in the north service court and more park

3 space with a greater setback in this northwest

4 corner at the healthcare buildings.

5 But it's essentially the same concept

6 as approved by the HPRB.

7 As you can see the evolution of

8 alternatives has resulted in a design consistent

9 with the defining features of the landmark, more

10 reused preservation and rehabilitation, a unique

11 mixed use program, connectivity to the city,

12 connectivity within that highlights the landmark,

13 and access for all, increased community features.

14 It has evolved through the study of

15 alternatives into the least amount of demolition

16 we can do to achieve the special merit features

17 of the master plan.

18 So this is all the plan options. We

19 now have a plan that reflects a comp plan,

20 provides for the right balance and it got better

21 each time which is what it is supposed to do

22 through the community and regulatory input, and


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1 all the alternatives that preceded the plan have

2 resulted in the coherent and approved plan

3 adopted by the HPRB that you see today.

4 DR. BYRNE: I have a question. The

5 current plan that you're showing, that's been

6 approved by the HPRB as well?

7 MR. BELL: Yes.


9 MR. BELL: This one.

10 DR. BYRNE: Yes, thank you.

11 MR. BELL: So, just the design

12 evolution to show specifically how our

13 preservation adaptive reuse strategy went from 18

14 to 24 above grade structures and now includes

15 below grade items.

16 This is 2008. Now the January 2011.

17 And then the May 2014. And you can see the

18 evolution from 18 to 24 above grade structures,

19 the inclusion of cell 14 and a portion of cell 28

20 which is here, and the full restoration of the

21 Olmstead Walk.

22 I will now show how specifically the


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1 development program strategy evolved to a more

2 refined approach reflecting the changing needs of

3 the city and the inclusion of affordable housing

4 from 2008 to 2014.

5 So the original program and then we

6 move to the inclusion of healthcare, the

7 different residential program, you see where the

8 site had a smaller community center, and then to

9 a program that includes a larger community

10 center, the healthcare program and obviously the

11 clarity of the tripartite organization and the

12 retail, and the grocery store which evolved into

13 this plan.

14 I will now show how specifically our

15 plan evolved to a more compact design, retaining

16 more of the historic character defining elements

17 and providing more community uses such as park

18 and community center.

19 So in 2008 we were building on 19

20 acres with a footprint. In 2011 16 acres was the

21 footprint. In 2013 again 16. And finally in May

22 2014 we're building on 13 acres. So we're just


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1 using over 50 percent coverage on the site which

2 allows for more of the expanse of the park and

3 the elements to be experienced. So the plan has

4 evolved towards something which is more compact,

5 features more of the landmark features, provides

6 more of the community amenities and is a greater

7 synthesis for the various folks giving input to

8 the plan.

9 Let us consider for a second altering

10 the overall balance of open space development and

11 preservation in the master plan.

12 More open space -- were the plan to

13 have more open space less development would be

14 there to activate public spaces.

15 Less affordable housing. Less

16 healthcare uses. Less revenue to support public

17 amenities. Less retail because of the smaller

18 development program. Less retail for the

19 community - highly valued. Less job training and

20 job creation.

21 If we did more development we'd have

22 less open space and less preservation. And more


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1 preservation, less vitality of a mixed use

2 program.

3 I will turn to this in more detail

4 shortly.

5 Let us now turn to the special merits

6 of land planning in the master plan. This is the

7 project view from the southeast. This view is a

8 good one to speak to the special merits of the

9 project.

10 First of all, the view emphasizes the

11 coordinated design whereby the street layout,

12 system of open spaces, park access, public

13 amenities, scale and location of buildings, the

14 appearance of the buildings and the integration

15 of the landscape is all brought into a seamless

16 integrated approach where the sum of all the

17 parts taken together provides a sense of place,

18 diverse public experiences of shopping, living,

19 working, and recreating.

20 An individual development or a small

21 group is not capable of such a transformative

22 impact at such a scale.


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1 This is particularly special because

2 the manner in which the master plan uses the

3 basic organizational framework of the existing

4 landmark to include and highlight historic

5 features located in the development and bring

6 public access to a 25 acre site which was

7 previously a no man's land in the city cordoned

8 off.

9 The buildings provide coordinated

10 exemplary architecture both in and of themselves

11 and as they relate to each other, and as they

12 relate to the landmark.

13 So the site itself provides the

14 underlying basis for special merit because of the

15 unusual features of the site. The two service

16 courts, the plan of the plinth higher to the

17 south into the grade of the north, the

18 surrounding landscape of the Olmstead Walk as

19 Emily's gone through a lot of these aspects, the

20 character defining above grade features, silo,

21 regulator houses, sand washers.

22 And so the challenge of appropriately


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1 incorporating the underground not visible

2 filtration cells is evident structurally unstable

3 as Chris Ruiz has mentioned and diffused

4 identically all over the site.

5 The challenge from weaving the project

6 into the context as well so that it adds to the

7 vitality of the community, the surrounding

8 community while needing to retain the unique

9 identity of McMillan. We have done that.

10 The master plan derives four themes

11 that have guided the development. Health. The

12 initiative by Senator McMillan was part of

13 broader initiatives in the United States and the

14 rest of the world to make cities more livable and

15 eradicate disease.

16 Water. The project brought clean,

17 safe and fresh drinking water to the city.

18 Sustainability. Good sustainable

19 design starts with strong patterns of settlement

20 and then goes into site and building performance.

21 Realizing this master plan is putting walkable

22 new development in a place where such development


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1 can thrive can make place and add to the

2 livability of surrounding neighborhoods and

3 institutions.

4 Preservation. A key element of

5 McMillan is the manner in which the character

6 defining elements of the landmark are woven

7 seamlessly into the plan, featured in appropriate

8 places and adapted for new uses.

9 This is a special approach and not all

10 buildings or even master plans are guided by such

11 guiding themes.

12 One way of understanding the special

13 merit of a master plan is to understand the

14 impact it will make on the surrounding context.

15 Presently the site inhibits

16 connectivity, seals off the city some part from

17 another, and does not contribute to the vitality

18 of surrounding neighborhoods.

19 The master plan opens up the site for

20 access. From the north a garden welcomes you

21 upon arrival, particularly important to people

22 coming from the VA and the Washington Hospital


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1 Center.

2 Along North Capitol Street the north

3 and south service courts are adapted for

4 pedestrian, bicycle, vehicular and service

5 access. An additional street between the two

6 provides an additional point of access. Access

7 is also provided from North Capitol Street into

8 the park.

9 Small streets within the plan provide

10 a choice of ways to move supported by a network

11 of sidewalks, bike lanes and paths including the

12 Olmstead Walk.

13 The richness of the master plan

14 program is also unique and adds to the vitality

15 and experience of McMillan.

16 Healthcare uses bring daytime activity

17 that supports retail development so desired by

18 the community.

19 Diverse housing options will bring a

20 unique and rich cross section of the community to

21 live there.

22 New open spaces are available to be


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1 enjoyed by all city residents as are features

2 such as the walking museum and the community

3 center.

4 This is a unique constellation of

5 program elements not found in one-off projects

6 and in their aggregation provide for a living,

7 working, shopping, recreation experience unique

8 in the city and certainly of special merit.

9 This is illustrated and underscored in

10 the color code uses of medical. Note the manner

11 in which the simple new grid introduces

12 interconnectivity between those uses as defined

13 by the north and south service courts and

14 supports the perimeter berm and the park.

15 The non-visible features of the

16 landmark are also incorporated with the inclusion

17 of one entire cell, cell 14 and a partial one in

18 cell 28.

19 As Mr. Ruiz has explained these

20 features are structurally unstable and will

21 require significant intervention to be stabilized

22 and safe.


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1 As we note as well the particular

2 challenge that they were constructed for

3 industrial use and never meant for human

4 habitation.

5 Mr. Bruce Leonard of Streetsense, a

6 retail design and development expert, testified

7 earlier about the technical and programmatic

8 challenges of adapting underground cells for

9 retail and his conclusion was that this was not

10 possible. But they are unique.

11 Nonetheless we are weaving them into

12 the unique McMillan experience as part of the

13 master plan.

14 It is important to recognize that each

15 cell is about 1 acre, is separated completely

16 from the next one, and all cells retain the same

17 features, the wall, the portal, the underground

18 columns and vaults and manhole of putting to

19 surface.

20 As such, if you experience one

21 complete cell as we are proposing in cell 14 you

22 will have a complete experience of understanding


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1 the underground cellular component of the

2 landmark.

3 This is what we are proposing in cell

4 14, to stabilize, rehabilitate and preserve the

5 cell so that it can be there for future

6 generations to understand how McMillan

7 functioned.

8 Cell 14 is part of a new retail street

9 of the north service court. Public activity here

10 will be high and that location will help visitors

11 understand the history of McMillan.

12 In addition, by preserving cell 14 we

13 are able to preserve views into McMillan for

14 travelers southbound on North Capitol Street

15 looking into the site this way. And as they see

16 today the silos of the north service court.

17 Cell 28 offers a different experience

18 and participates in the experience of the park,

19 and will be adapted such that all visitors to the

20 park will be able to see into that structure.

21 And it will be stabilized such that park

22 activities can occur above.


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1 The existing grounds become part of

2 the Olmstead Walk and the park system surrounding

3 the site as illustrated here in this three

4 dimensional drawing.

5 Also here showing how the perimeter

6 berms are woven into the various park experiences

7 in the site.

8 Let me now turn to special features of

9 land planning. And others will address this as

10 well.

11 Housing and affordable housing - 677

12 units of new housing articulated here with a

13 breakdown in various levels of affordability for

14 the housing for seniors and also other affordable

15 housing.

16 Community center, 25 meter pool,

17 locker and shower facilities, multipurpose

18 meeting rooms, catering kitchen, fitness studio

19 and outdoor gathering spaces open to everyone in

20 the community.

21 The healthcare facility, 860,000

22 square feet devoted to medical office and related


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1 healthcare uses, 173,000 in a future phase on a

2 portion of parcel 2, formerly parcel 3.

3 Retail space on the ground floor which

4 activates the north service court, and it creates

5 a medical district joined with facilities across

6 Michigan Avenue.

7 The grocery store on parcel 4 is

8 unique, unusual, not in every master plan and is

9 part of the 99,000 square feet retail program.

10 We are also including environmentally

11 sustainable design, LEED and D standards at gold

12 or equivalent, individual project compliant with

13 LEED Silver or green community standards,

14 articulated here meets silver ratings for the

15 parcels of item 1, 2, 4, 5 and 6, and the

16 inclusion of low-impact design techniques in

17 places like sidewalks, roadways, alleys, parking

18 spaces, bioswales, tree pits, and inlets,

19 filters, grid separators, rain guardings,

20 detention walls and cisterns.

21 Transportation features include

22 transit hub features, shuttle to the Brookland


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1 Metro Station, Capital Bikeshare stations, bike

2 rack and storage facilities, ample parking,

3 internal street grid, broad connectivity, safe

4 pedestrian crossing features, traffic lights to

5 reduce congestion and facilitate traffic flow,

6 three sets of corner concrete stairs that allow

7 access from the outside to be reconstructed, and

8 of course all being accessible.

9 Let me speak now about exemplary

10 architecture for McMillan. We are using

11 specially crafted design guidelines to make an

12 architecture through McMillan that is exemplary

13 in design and compatible with the landmark.

14 Compatible with the landmark and

15 exemplary design were two challenges we have met

16 from the Historic Preservation Review Board.

17 We begin by examining and

18 understanding the landmark character defining

19 features itself as articulated by Ms. Eig.

20 These images, prepared by Traceries,

21 show how the features of the architecture from

22 the silos and the regulator houses to other


150

1 details such as manhole covers, pavements and

2 other materials exist onsite. Here's more and

3 some detail similar to what Ms. Eig showed.

4 From that the design team developed a

5 series of diagrams that explained the DNA of

6 McMillan to help guide our thinking about

7 creation of new buildings and new architecture.

8 So this one we see the skin pattern of

9 the silos, overhanging plants, singular forms

10 which is characteristic as well of the silos, and

11 the way exit and entries are made.

12 In this one we look at the plinth as

13 a characteristic piece diagraming that,

14 vegetation, framed openings, and canted walls

15 over service courts.

16 We have also studied the existing

17 aboveground elements to see how they can be

18 adapted into contemporary use. So this is a

19 drawing of the silos and this is a drawing that

20 shows what might occur inside them. There's some

21 low -- the existing silos have very low ceilings

22 so it is a challenge to figure out how they might


151

1 be adapted but we are exploring that with things

2 like cafes, or small vendors, or perhaps

3 restrooms and service facilities.

4 The regulator houses are being studied

5 for things like cafes, community spaces, perhaps

6 community offices and retail.

7 We are restoring and preserving one

8 regulator house and one silo to their original

9 condition as well as part of the plan.

10 Essential to understanding the spaces

11 made -- essential to understanding the master

12 plan is also the spaces made, not just the

13 buildings themselves, the spaces made by the

14 landmark and repurpose them as well.

15 So for example, the spaces between the

16 regulator houses and the silos become repurposed

17 for things like outdoor seating for restaurants

18 and cafes.

19 Interventions that make the site and

20 the park more accessible. So this is from North

21 Capitol Street looking into the park. So this is

22 a break in the berm wall for bridges developed in


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1 the language of McMillan which is concrete.

2 The canting of the berm which comes

3 along and turns the corner is in the language of

4 McMillan for the berm.

5 And the public amenity of the

6 community center, the glass building mostly

7 prismatic, similar in a simple form like the

8 design guidelines in the DNA I said earlier is in

9 contrast to the solidity of the existing things

10 like the silos and the regulator houses.

11 Also repurposing things like the sand

12 washers to become part of the public space

13 experience.

14 Adapting character defining features

15 to frame the entry into new public amenities such

16 as a portal in the south service court, existing

17 portal adapted to frame the entry into the

18 community center creating new points of

19 pedestrian access previously blocked or

20 inaccessible.

21 Our design guidelines and precedents

22 we looked at for buildings and palettes we


153

1 thought were compatible. We are seeking in the

2 design guidelines, our investigation included

3 looking at a unified pallette will affect what

4 are compatible materials, what is the

5 fenestration and how we get buildings to relate

6 to each other in terms of fenestration,

7 advocating simple geometries in massing.

8 Things like looking at how you deal

9 with the north service court, the unified podium,

10 the setback above the podium, recalling the north

11 service court walls which we are taking out and

12 congruent store fronts, and how rowhouses are

13 composed as singular buildings.

14 So the challenge is to come up with a

15 design pallette. So we have buildings of

16 different use, different architects, all very

17 good architects, but different scales. So you

18 have to unify them. HPRB said we need an idea of

19 how this still reads as McMillan as the landmark.

20 So the primary building color is

21 white. The secondary color is used for

22 fenestration and railings and things, charcoal.


154

1 Then the tertiary building color a wood grain

2 which is really highlighted to be used in

3 highlights.

4 This picture results as a family of

5 buildings. These of course are going to have

6 different programmatic issues and different

7 construction techniques, but they relate to each

8 other.

9 They clearly are organized around the

10 design pallette. They have a hierarchy of the

11 pallette. The orientation of the elements and

12 the windows and the percentage of them, the

13 facades relate to one another.

14 And so it all goes together so you

15 look at them and say they can be no place else.

16 They are unique to McMillan and as such the sum

17 of them is greater than any individual building.

18 The buildings by themselves are quite

19 good, but taken together they add something else

20 and something special, and then special merit.

21 At the north service court we have set

22 the buildings back above the first floor. This


155

1 was something that was talked about and supported

2 by HPRB to give more space to the landmarks in

3 that particular area because we have buildings

4 that are a little bit taller than the landmarks.

5 So we have them set back on the

6 podium, and that podium is organized in a way

7 that recalls the service court walls.

8 However, this is a retail district so

9 they need a lot of glass as well and that's what

10 you see there.

11 Another angle. This shows cell 14 as

12 you come down North Capitol. The view of the

13 silos there. The grocery store building with

14 multifamily residential and senior living above

15 in the design pallette of McMillan with the three

16 windows that are in our vocabulary discussion

17 with the three regulator -- three silos outside.

18 The view down Half Street with the

19 townhouse pallette, the bay windows, and the

20 principal white walls of the townhouses relating

21 of course to the pallette we've set up.

22 And then important as well, the street


156

1 system, things that were not really viewed on

2 access. So you see the silos sort of shifted off

3 a little bit.

4 So it allows you both to see the silo,

5 this unique view, and into the park beyond. So

6 it reveals more of the historic context. Then

7 the inclusion of paving and the parking area, and

8 ring yards on both sides of that street.

9 The townhouse design in particular is

10 unique. Typically builders want townhouses these

11 days where every building is almost different.

12 Here we are designing the townhouses in unified

13 so-called sticks of design so that they are

14 balanced and symmetrical. They look like

15 something that really has a kind of harmony per

16 street, whether they're long elevations like you

17 see here on the bottom or shorter elevations

18 above. This is something certainly of special

19 merit and not typically done in the architectural

20 design of these kinds of projects.

21 And you can see them in the south

22 service court here. South service court we are


157

1 repurposing the north side of the south service

2 court wall there for entries into the sidewalks

3 and engage them in a dialogue between the south

4 service court and the residential development as

5 well.

6 And we are coordinating in the

7 language of McMillan.

8 Simple forms like the community center

9 here, simple design pallette with colors using

10 for example materials like the arch made out of

11 concrete as I mentioned to relate to the history

12 of the place. And also even the scoring of the

13 paving into the park areas to be a feature that

14 one could recognize as only a feature you would

15 find at McMillan.

16 So the exemplary architecture provides

17 for -- and this includes some architecture on

18 planning -- a cohesive master plan and integrated

19 building design approved by the Historic

20 Preservation Review Board that celebrates the

21 unique engineering history of the site for water

22 purification.


158

1 The design guidelines have been

2 approved and supported by HPRB. It provides a

3 framework for a coordinated effort among multiple

4 developers and architects which is something

5 surely of special merit that doesn't always

6 happen in one of a kind one-off building

7 projects.

8 It provides a unified design across

9 the site while allowing some individual

10 architectural expression.

11 The development is organized around

12 historic north and south service courts. The

13 activation of historic resources and service

14 courts occurs in the voids between the buildings

15 as well, and the new street grid integrates the

16 site both within itself with small blocks and

17 very walkable areas, and connecting to the

18 surrounding community.

19 The recreation of the Olmstead Walk

20 becomes a publicly accessible path obviously.

21 And new landscape and recreational park features

22 have never been associated with the park before


159

1 and therefore are new amenities as part of the

2 master plan, including the playground, the

3 natural amphitheater in the southeast corner, all

4 coordinated together with a walking museum.

5 So, can special merit features be

6 achieved with less demolition? My answer is no.

7 As I mentioned, more open space for

8 cell preservation provides less development to

9 activate those spaces, less affordable housing,

10 less healthcare uses, less retail for the

11 community, less job training and job creation.

12 We should have more development, less

13 open space and preservation as evidenced by the

14 alternatives we looked at earlier.

15 More preservation, less vitality of a

16 meaningful mixed use program, less development

17 revenue, and my colleagues will talk about that

18 to support preservation, and the elimination of

19 special merit features of the program and other

20 things I mentioned.

21 So just to be specific, to look at the

22 north service court walls which we are proposing


160

1 to take out except from cell 14. We're keeping

2 the ones from cell 14 which is part of the

3 structure of cell 14.

4 Retail, highly valued by the

5 community, supported by the Historic Preservation

6 Review Board needs visibility, it needs

7 transparency.

8 So were those walls to be retained

9 retail would fail. And retail would not work in

10 coordination with keeping the north service court

11 walls.

12 In addition, if the retail fails you

13 can't simply just put retail in the regular

14 houses and the silos. Those are going to be

15 dependent for success upon other people coming

16 there to enjoy the other retail amenities. So

17 they're all together in the same idea.

18 South service court walls as well. We

19 have repurposing those. We have made openings in

20 them for the street system. But were you to have

21 more of that closed off you would compromise the

22 connectivity of the plant which is a special


161

1 feature to promote connectivity and visibility

2 north-south within the plant.

3 Let's talk about retaining more cells

4 in general. Were we to retain more of the cells

5 each additional preserved cells eliminates one

6 acre plus or minus of development.

7 Loss of one acre of development

8 eliminates the development program. And Mr.

9 Weers and Mr. Sagar will speak to that in detail.

10 A cell, a portion retained in the

11 north third eliminates the healthcare program.

12 So that program is there and to replace that --

13 Mr. Weers will speak in detail to that.

14 A cell or portion of the cell retained

15 in the middle third compromises the tripartite

16 reading supported by HPRB. It's a very clear

17 reading now. It compromises that.

18 It also, depending on where you select

19 would cause there to be less retail and could

20 eliminate the grocery store which is highly

21 valued by the community and anchors the retail

22 experience.


162

1 Also, were it to be facing onto the

2 north service court it would interrupt the retail

3 continuity. And as we know retail depends upon

4 continuity for success.

5 It could conceivably as well eliminate

6 market rate, senior and affordable housing or

7 material aspects of that, and eliminate as well

8 the healthcare program because part of healthcare

9 is in this location here.

10 More cells in the bottom third would

11 create less usable park land because of the

12 structural instability. We're proposing 28 as we

13 mentioned to be made structurally stable and

14 looking into that.

15 If it were to be put at cell 27 it

16 would eliminate playground space for youth and

17 families. Put here in cell 28 it would eliminate

18 the pool and the community center and plaza.

19 Going further east in cell 29 it would

20 eliminate the visibility and entry into the park,

21 and accessibility from North Capitol Street, and

22 it would make the two story feature of the


163

1 community center not possible.

2 Cell 28 participates in the

3 understanding of the site by how we designed it

4 to be part of the park experience as well.

5 So as you've seen the special merits

6 proposed are extraordinary and unusual. We

7 cannot demolish less and achieve the same level

8 of special merit features. No other plan in my

9 idea is possible.

10 DR. BYRNE: Thank you, Mr. Bell. A

11 couple of questions if I might, just really a

12 clarification for me.

13 The Olmstead Walk, what happens to the

14 Olmstead Walk when it reaches the service court.

15 It's at grade?

16 MR. BELL: Exactly as it did.

17 DR. BYRNE: Exactly as it did. You

18 mean in other words it historically went along

19 the service courts.

20 MS. BROWN: Could I answer? The place

21 it's discontinuous is the new entry that is south

22 of the service court.


164

1 The service courts remain stable and

2 the walk --

3 DR. BYRNE: Just goes across it. It

4 has to be accessible. Okay.

5 On one of the maps it showed a

6 healthcare building that is south of the service

7 court.

8 MR. BELL: Yes. That's part of the

9 healthcare program.

10 DR. BYRNE: That's part of the

11 healthcare program. Is that a healthcare office

12 building?

13 MR. BELL: That is a healthcare

14 building, yes. It will have retail on the ground

15 floor. This building here.

16 DR. BYRNE: So that means there are

17 three healthcare buildings.

18 MR. BELL: One, two, three.

19 DR. BYRNE: That's different than last

20 time.

21 MS. BROWN: It is the same but it

22 probably wasn't called out specifically. And Mr.


165

1 Weers will testify to that.

2 DR. BYRNE: Okay. You mentioned that

3 each of the underground cells is sealed off from

4 each other. So that means that there is

5 continuous concrete walls that surround each of

6 the cells.

7 And has there been any thought, I

8 guess maybe this is a question for Mr. Ruiz,

9 about what would be the effects of penetrating

10 those walls, or access?

11 MR. RUIZ: Penetration of a wall as a

12 door is possible, yes. But going from cell to

13 cell we have not looked at just because keeping,

14 as he said, a full cell and then another cell had

15 not been in the plan.

16 DR. BYRNE: So what structural steps

17 do you take to stabilize cell 28? And are those

18 consistent with the historic character of cell

19 28?

20 MR. RUIZ: Yes, it's similar to what

21 we showed in our presentation of putting a silo

22 on top and reinforcing the foundations, and


166

1 keeping the sand. So any reinforcement of the

2 foundation you would not see. And limiting

3 access underneath.

4 DR. BYRNE: So people would not be

5 able -- you would be able to look in there, but

6 not go in.

7 MR. RUIZ: That is our understanding.

8 DR. BYRNE: One of the things that you

9 mentioned were variety of the environmental

10 features of the site in terms of water retention,

11 LEED silver, et cetera.

12 Can you give me any information as to

13 whether those are above what would be required

14 for any construction on a city-owned site?

15 MR. BELL: The LEED silver for the

16 buildings is what would be required I believe.

17 For city-owned buildings LEED gold --

18 DR. BYRNE: If you're not the right

19 person to ask I can --

20 MR. BELL: Well, I think the private

21 developers can talk about their objectives there.

22 DR. BYRNE: Okay.


167

1 MR. BELL: But we are LEED

2 neighborhood development gold is not -- that is

3 something we're pursuing.

4 DR. BYRNE: That's something you're

5 pursuing. And how about fire? What type of fire

6 retention? Okay, good. Thank you.

7 MS. BROWN: I have just one or two

8 quick follow-up questions.

9 Mr. Bell, you've discussed and I think

10 you've read the court decision that says that we

11 cannot count the historic preservation benefits

12 as part of the special merit package. And you

13 had a couple of slides that talked about the

14 adaptive reuse of the regulator houses.

15 I was wondering if you could

16 distinguish that for us. I don't believe that

17 was on your list of special merit features when

18 you had your list, is that correct?

19 MR. BELL: Yes, reusing those features

20 would be something unusual for this plan.

21 Repurposing the silos and regulator houses for

22 sure.


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1 MS. BROWN: You also talked about the

2 open space and the court decision also said that

3 it would be double counting if we said the open

4 space was a preservation benefit and that was

5 more appropriately discussed as consistent with

6 the purposes of the act.

7 Are there new elements being

8 introduced to the existing conditions that

9 distinguish that?

10 MR. BELL: Well, yes. The new

11 elements, the park space, usable park space, the

12 community center, playground, the healing

13 gardens, these are things that didn't exist there

14 before. And they are part of the new open space

15 program.

16 MS. BROWN: And then getting back to

17 the regulator houses adaptive reuse is a

18 preservation plan and it's part of the consistent

19 test.

20 I think you testified to the voids

21 between them as something that is a little

22 different than adaptive reuse and activating


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1 them. Is that correct?

2 MR. BELL: Yes. One has to seek

3 opportunities where one can in existing

4 conditions. And one of the benefits is the space

5 between the silos and the regulator houses are

6 ample enough that they can be activated in a way

7 that brings new life to the project that

8 obviously didn't exist previously.

9 MS. BROWN: Would you say that the

10 development plan that you developed here, this

11 master plan is common to all projects? Would you

12 do this for a matter of right project?

13 MR. BELL: No. This is quite a unique

14 design. Many of the features included in the

15 approach and the coordination would typically not

16 be part of a matter of right project.


18 DR. BYRNE: Another question occurs to

19 me. To what extent is activation an established

20 concept in planning literature? In other words,

21 part of your argument as to why this park is

22 superior to what some of the residents would like


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1 which is just to keep the whole thing open as a

2 park, and we talked about this last time, is the

3 idea of activation.

4 I wonder if you can cite some

5 literature to me -- I mean not off the top of

6 your head, but tell me more about what the role

7 of activation is within the master plan.

8 MR. BELL: It's very important to try

9 to I think in making public places to get a lot

10 of different uses together.

11 So this plan has a lot of things that

12 you don't typically find that I think have an

13 important role to play in activation.

14 So for example, in this part of the

15 world there aren't a lot of office buildings. So

16 the medical office buildings will bring a daytime

17 population to the site that is unique.

18 What is that daytime population going

19 to do? They're going to sit in the park spaces.

20 They're going to patronize the retail. They're

21 going to visit the site and learn about it. It's

22 going to bring people there. It's going to


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1 activate the place in a way that for example if

2 it was just a residential program wouldn't be

3 nearly as good.

4 It has a diversity of housing types.

5 So we have senior housing. So seniors are going

6 to be there. They have different patterns of

7 walking around and visiting and shopping than do

8 other folks. So that activates things.

9 The community center in the park, it's

10 not just simply a grassy area, but that will

11 bring young people, teens, families, everybody to

12 the site that will activate those spaces.

13 What we have found and in my

14 professional career both teaching and practicing

15 architecture is the best public spaces are the

16 ones where that level of activation occurs over

17 the broader horizon of a day.

18 So people who are leaving for work,

19 they go to the coffee shop and retail and they

20 have coffee. People who work at the hospital

21 center or visiting people there, have business

22 there, they might come there for lunch.


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1 The grocery store as a unique element

2 brings people there to activate the space.

3 And the buildings and the way they're

4 designed face onto the streets. So it is really

5 key that you have positive surveillance, whether

6 it's a multifamily or a senior building or a

7 rowhouse or a healthcare building that people can

8 see into the public spaces and see what's going

9 on.

10 And the public spaces are nearby.

11 They're easy to reach. And they have amenities

12 that people want to partake of.

13 So current planning theory I think is

14 really getting away from single use projects into

15 projects whereby if you can successfully combine

16 different uses, different populations, different

17 cohorts of age groups you have a much greater

18 chance at great place making. And that's what

19 we're doing.

20 DR. BYRNE: It's a legacy of Jane

21 Jacobs to some extent.

22 I wonder in your submission if you


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1 could please cite some contemporary planning

2 literature -- this is the disadvantage of having

3 an academic as the Mayor's Agent hearing officer

4 but that would be helpful.

5 MR. BELL: Sure. Happy to.

6 DR. BYRNE: Okay.

7 MS. BROWN: Just for planning

8 purposes, I see it's 12:45. I think we probably

9 have about 25 minutes or 35 minutes.

10 DR. BYRNE: Thirty-five minutes.

11 MS. BROWN: So, if that.

12 DR. BYRNE: Okay, so we could be done

13 by 1:15, 1:20.

14 MS. BROWN: Yes.

15 DR. BYRNE: Okay. And then we could

16 take a break at that point. Okay.

17 MS. BROWN: We're going to swing back

18 to Emily Eig who's going to now evaluate

19 everything that's been put together in terms of

20 remand issue number one, consistency, and remand

21 issue number two, special merit.

22 MS. EIG: And I'm also going to


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1 actually -- I'm just discussing remand issue one,

2 consistency, two, special merit, and a discussion

3 of subdivision as an aspect of this.

4 So the remand issue number one. As

5 the proposed project's preservation benefits

6 taken as a whole outweighs historic preservation

7 harms.

8 So the concept of consistent with the

9 act is what I'll be discussing right now. And I

10 would like to introduce this as that it is very

11 hard sometimes to separate what is a special

12 merit from what is consistent with the act

13 because there are benefits from being consistent

14 and merits that require being consistent.

15 So I will try to organize it. And I

16 hope that it works to explain my position here.

17 So consistent with the purposes of the

18 act with respect to historic landmark means to

19 retain and enhance historic landmarks in the

20 district and to encourage their adaptation for

21 current use as well as to encourage the

22 restoration of historic landmarks. This project


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1 does both.

2 To create a project like this there

3 are many challenges. And in terms of the concept

4 of consistency it's the retention of the landmark

5 that is key. And how there's one approach to

6 that.

7 So I'm approaching this in a fashion

8 of explaining the challenge and then some ways of

9 resolving that, coming to solutions.

10 And the first is obvious. It's

11 preservation efforts. What do we do to preserve

12 the landmark itself. And I have a little

13 animation here.

14 Okay, so the preservation is the first

15 and foremost of the Secretary of Interior's

16 standards. And we can think of preservation as

17 stabilization, retaining and stabilizing.

18 The second is that we -- in terms of

19 the -- is that we are preserving the tripartite

20 organization, the boundaries, the service courts,

21 all of this is being preserved.

22 We are in rehabilitation now. That


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1 rehabilitation is looking towards the aboveground

2 resources. And rehabilitation is a wide range of

3 repair and reuse and changes to accommodate

4 adaptive reuse.

5 Thirdly we are doing restoration in

6 that there are -- in fact there is one regulator

7 house and one silo or sand bed that are actually

8 being restored to their original condition which

9 in the case of the regulator house means it has

10 no floor. The regulator houses don't have

11 floors. The water was coming through pipes.

12 So that will be retained. So you'll

13 be able to walk in and there will be a glass

14 piece over it so you can see how it worked. You

15 can walk into the sand bed but it will not be

16 adaptively reused, it will actually be as it

17 looked. The idea is that we would understand

18 that.

19 The sand washer is the same thing.

20 We're retaining all of the sand washers but at

21 least one but probably more of them are going to

22 be restored and some will be adaptively reused.


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1 Some will be moved. But that is part of it.

2 We're also doing reconstruction and

3 that has to do with the corner stairs that are

4 missing and the Olmstead Walk that goes around

5 the entire perimeter. Actually it's not the walk

6 itself but also the landscaping that is there.

7 There were cork trees originally.

8 We're using Washington Hawthorn but similar in

9 scale and appearance. And the idea is to give

10 that clear identity of the landmark in this

11 section of the landmark.

12 The general overview of the project as

13 proposed by this team is it retains the

14 rectangular form. It retains the plinth form.

15 It retains a berm form. The tripartite

16 organization, reciprocal relationship between the

17 service courts, the pedestrian walk, all of cell

18 14 and part of cell 28. So this is consistent.

19 It's preservation.

20 And I think that when we really talk

21 about what are we demolishing it's what's below

22 ground. It's not what's aboveground. What's


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1 changing aboveground is rehabilitation and

2 adaptive reuse.

3 As I stated there will be restoration

4 as well as rehabilitation of the aboveground

5 resources. And Matt showed you that there are

6 some different plans of how they can be reused.

7 There is a variety of ways.

8 But the ones that are rehabilitated

9 you'll be able to walk into and it will no longer

10 be a hole in the floor. The equipment, perhaps

11 some of it will be there in the original form,

12 perhaps not depending on what the use is.

13 The reconstruction of the plinth, the

14 Olmstead Walk, that is obviously key to the

15 identity of this.

16 And preservation of 100 percent of a

17 cell. The cell 14 is entirely -- will be there.

18 As Mr. Ruiz said the intention is to stabilize it

19 so that you can walk on top of it. You will not

20 be able to build on top of it but you'll be able

21 to walk on top of it.

22 And there will be as necessary


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1 stabilization. But it is not something that will

2 be occupiable. You can perhaps, we hope perhaps

3 we can have a tour but we definitely look in and

4 see it.

5 And because the way the cells are

6 designed you see a whole -- you can't see the

7 edges it's so large.

8 So the second in terms of consistency

9 is maintaining the identity as an industrial

10 site, not just as part of the landmark, but the

11 landmark as a whole has a reservoir. It had a

12 recreational park. It had sand filtration filter

13 beds.

14 So keeping that idea that this part of

15 it was industrial. We know that it was

16 industrial. We have photographs. We know that

17 that's how it worked. It operated until 1987 as

18 a filtration plant. And we want to keep that,

19 retain the consistency with that.

20 Maintaining the plinth is probably the

21 biggest part of that because this could not work

22 if there wasn't the plinth. That's how it


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1 actually -- the level ground was required.

2 The southern plane is on the most

3 accessible part of this because the fact is that

4 we're using that southern third portion and it

5 will retain the sense of the open plain.

6 The community building is designed to

7 look almost like it's rising from the plain.

8 It's very flat roofed. It will have a green roof

9 and you'll have a sense.

10 It goes underground so that it doesn't

11 project too high. So there is a sense of

12 horizontality that will be maintained.

13 The relationship to the service court

14 will be the same. That court is there. That's

15 where the restored components will be.

16 The historic views if you walk along

17 the edges and look to the west or to the east you

18 will see the plain.

19 Now, what was there originally is not

20 what there's now. The exterior area around the

21 site was only to the southwest for any

22 construction. There were open fields -- to the


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1 north was the Old Soldier's Home and there was a

2 farm to the south when this was done. So it's

3 different than what was there. The views are not

4 the same. But you'll be able to see up

5 reciprocally to the north to the north service

6 court.

7 You will definitely have a sense of

8 place and I think that's what's really important.

9 You'll be able to walk on the west side of

10 Olmstead Walk and look at the reservoir. And

11 that is going to be a very special experience

12 that has not -- no one's really been able to

13 enjoy legally for a long time. A very long time.

14 And the reconstruction of the walk

15 will allow access onto the site. These corner

16 stairs will mean that people will have easy

17 access to get in. There will not be a fence

18 around it with a lock anymore. They will be able

19 to walk around the entire site consistent the way

20 it was originally. Obviously there is

21 construction, new development on the site, but

22 the sense of its whole will be experienced.


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1 And you will understand that there's

2 something there that's special, that is different

3 from what is to the south, to the north, and to

4 the east, and you will understand the

5 relationship to the west of the reservoir and the

6 filter beds there.

7 So this slide is actually -- it's

8 missing the picture from Matt Bell of adaptive

9 reuse. Adaptive reuse is really important so

10 let's just move to the next slide.

11 Because that's the incorporation of

12 these resources into the master plan. And that's

13 where we're getting sort of it's consistent but

14 it also provides special merit in that we are

15 providing the opportunity to use, to walk into

16 these cells. The adaptive use is something that

17 is definitely a hallmark of historic preservation

18 in our country and in the world.

19 The opportunity to walk on the site

20 and to experience it is very much part of

21 consistency.

22 The adaptive reuse will allow people


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1 to have access and to experience the entire site

2 that they never did. They were not supposed to

3 be walking on the plain. If they did not that

4 was not the intention and they might have fallen

5 into a manhole that provided to the industry

6 before, or been told by one of the workers to get

7 off the space.

8 So I think that there is a lot of ways

9 that this is consistent. Obviously there's loss

10 of the demolition. We're here because of the

11 demolition of the majority of the cells.

12 Some adaptive reuse means you're not

13 preserving exactly things the way they were, but

14 it is an acceptable way to move into the future.

15 Our D.C. law specifically references it.

16 And I believe that the historic

17 preservation benefits of this project taken as a

18 whole do outweigh the preservation harms because

19 there is so much opportunity to understand this

20 site.

21 When people drive by now people look

22 and say what is that. What is that. And if you


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1 tell them what it is they don't understand

2 because it doesn't make sense to our modern

3 technology brains.

4 And this is an opportunity to explain

5 the water system of the city, the water system in

6 general. And I will talk about that in the

7 special merit aspects. That's what we're going

8 to be doing.

9 I would first like though just to

10 identify the comparable consistent with the

11 active projects.

12 There are many projects that have come

13 before the Mayor's Agent for consistent with the

14 act, not recently however, but in the past there

15 were, and many of them were like this one tied to

16 special merit as well as consistent with the act.

17 The Homer Building, the Bowen

18 Building, the Vigilant Firehouse and the Shoron

19 Building are just four examples.

20 And I made a little chart here just to

21 explain that, like the Shoreham Building, the

22 proposed reconstruction encouraged adaptation for


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1 current use and the alterations were done to be

2 compatible with the historic district that the

3 building was in.

4 Homer, the proposed development would

5 provide the ability to bring new life to the

6 historic landmark. It's basically unused.

7 The Bowen Building provided an

8 opportunity to visually access the facades in a

9 way that reinforced their architectural

10 character.

11 This particular is on 14th Street and

12 it was not in good condition. The city was in

13 need of activation.

14 The Vigilant Firehouse was a very

15 interesting one because the issue was one of a

16 wall that was severely deteriorated beyond repair

17 and they needed to get permission to take that

18 wall down so they could permit the retention,

19 enhancement, restoration, and adaptation of the

20 current use.

21 We see this and I'll just a couple of

22 other examples. When one might have in a


186

1 historic district that is unified you might have

2 buildings that interfere with the rest of the

3 project being brought back.

4 You might have a situation where there

5 is sections of the buildings that have collapsed

6 that need to be -- but that by removing them you

7 can in fact restore the rest consistent with the

8 act.

9 So now I'd like to discuss the second

10 issue which is what are the specific

11 architecture, land planning and community

12 benefits that individually or collectively make

13 this a project of special merit within the

14 meaning of D.C. Code 6-1102 Section 11.

15 So remind us what we're looking at

16 which is this project and that the definition

17 that it is a plan having significant benefits to

18 D.C. or the community by virtue of exemplary

19 architecture, specific features of land planning,

20 or social or other benefits having a high

21 priority for community services.

22 I would say that this project meets


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1 this. Both it has benefits to the District of

2 Columbia and to the community of all of these

3 aspects of the special merit law.

4 DR. BYRNE: All three.

5 MS. EIG: I believe so, yes. So, one

6 of the reasons that this is a project of special

7 merit is because it is such an extraordinarily

8 challenging project. I think the evidence that

9 we are here today supports that.

10 It was many years ago people in this

11 audience worked to try to help this -- we're

12 talking 20, 25 years ago or more -- to do

13 something with this site. The district bought

14 this in 1987. It is now 2017.

15 And this is the first project that's

16 been proposed that actually is feasible.

17 So the challenges. First I'll say

18 creating exemplary architecture with exemplary

19 community benefits. Doing both is hard. It's

20 very difficult.

21 And I think the community building

22 that I have in my initial slide here tells this


188

1 story quite well because we are able to push it

2 down, to get underground and have this very

3 exceptional community building that is going to

4 provide a pool and amenity space for the

5 community. It does that while it will provide an

6 attractive magnet for people to come to the park

7 to walk through that southern portion of the site

8 and will be, we hope they will be inspired to

9 learn about the site because the cell, the

10 portion of cell 28 is right by it.

11 And they will have an understanding

12 that they are below the grade of the plinth. And

13 they will perhaps be inspired to walk onto the

14 other side and do things. So everything is tied

15 together with this exemplary architecture of this

16 master plan so that it makes you want to walk to

17 the next place, so that you're not just going

18 shopping, you're not just going to the park. You

19 are experiencing a full community.

20 Getting there was not easy. This

21 particular project began in 2006-2007 and in many

22 forms to today and its collaboration.


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1 First and foremost there is an

2 extremely diverse and multidisciplined team, the

3 professionals that have been working on here.

4 We have four developers. The District

5 of Columbia owns this site but it is also

6 essentially a developer of the park.

7 We have private developers who do

8 medical buildings, rowhouses, grocery retail as

9 well as multiple family.

10 And we have a landscape architect. We

11 have preservation. We have consulting engineers.

12 We have structural engineers. And we have four

13 architects. Four architectural firms.

14 And I will tell you that the original

15 designs that they came up from their buildings

16 were not coordinated, did not provide exemplary

17 architecture.

18 And it took a lot of effort to get

19 everybody to work together to understand the path

20 towards exemplary architecture.

21 There was community involvement.

22 There have been more community meetings on this


190

1 project I think than any other project that has

2 come to the District of Columbia.

3 Years and years. There is not

4 agreement. Obviously we're here and there is a

5 group of people who are opposed to this project,

6 but there are many people who are in favor of

7 this project.

8 And it is important for us to

9 understand that this is a balancing act. I think

10 Matt has said not everyone will be happy, but

11 there is something of value to everyone in this

12 project.

13 There is also extreme regulatory

14 compliance. Because it requires demolition we're

15 at the Mayor's Agent. There is also the

16 comprehensive plan requirements, the Zoning

17 Commission. There is the Secretary of Interior

18 standards as part of the deed.

19 There was just code compliance. One

20 of the reasons that the cells are so challenging

21 is meeting code is impossible to make those

22 active spaces.


191

1 The requirements of making all these

2 groups happy who have different goals has been an

3 extraordinary challenge.

4 The approach has been to create a

5 cohesive plan that celebrates this landmark.

6 That is what this is all about today.

7 We have to accommodate a variety of

8 uses. There are public parks and recreation, art

9 and education, community center and services, a

10 variety of housing, a variety of retail and

11 grocery, a medical office building which actually

12 there are three medical office buildings.

13 The park itself, you can see the

14 different uses that are taking place with access

15 and there people can walk on the park, they can

16 sit and there's going to be activities on the

17 park. There will be presentations. There's a

18 community pool. There's a playground.

19 There's just sitting and enjoying it.

20 There's going to be different uses within the

21 regulator house and the sane beds. So there are

22 lots of uses just in that park alone. It is


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1 activated. I think that's an understanding of

2 that word is that it is not just a grassy open

3 space. It is a destination.

4 To understand this cohesiveness we

5 need to understand the landmark. You saw this

6 slide before but it is really important. This

7 slide has been around for a long time and as I

8 keep reminding my team this is what this is

9 about. It's understanding how to make this all

10 come together so that you understand where you

11 are.

12 Matt's presentation of how the

13 architects took that to the next level with their

14 analysis of the different forms that were on the

15 space.

16 We also have the challenge of

17 connectivity. There was a suggestion early on by

18 a city official that we just turn it into the

19 city grid. Just put those original roads back

20 in.

21 I was like no, the landmark, you have

22 to retain the landmark.


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1 So how do you connect and retain the

2 landmark at the same time. That's the

3 consistency and the special merit in my mind.

4 Because we didn't have to do that. We

5 could have just decided that that landmark just

6 stays there and there's no connection to the

7 city. You can walk on it, perhaps we could do

8 that, but it would not be the ability to actually

9 connect and attract people to walk onto it,

10 having pedestrian as well as vehicular access on

11 all sides of the site.

12 It's being compatible with the

13 adjacent neighborhoods. There was once a call

14 for the plinth to be removed and for rowhouses to

15 be along Channing Street that would mimic what

16 was on Channing Street's southern side.

17 But the plinth would be gone. And we

18 had rowhouses. Rowhouses were there for a long

19 time and it was very difficult to get everyone to

20 understand that the plinth was critical to

21 reading the landmark.

22 And that rowhouses -- we didn't want


194

1 rowhouses to be way above everyone else looking

2 down. So that moved -- it sort of forced the

3 idea, well let's move the rowhouses into the site

4 more.

5 The concept of themes that Matt talked

6 about I did not put on my slide here, but I think

7 that they were very important in the creation of

8 the design guidelines because we looked at

9 materials, we looked at colors, and we looked at

10 forms to have an understanding of once again what

11 would be compatible, what would enhance the

12 materials that are there.

13 Is it all brick? Is it all concrete?

14 It wasn't so simple as a resolution.

15 You just put D.C. street trees around

16 the edge just like every other block? No, we're

17 going to use the Olmstead Walk so we have a

18 special place.

19 The issue of exemplary architecture as

20 I alluded to earlier, it was not easy to get

21 architects to understand that they had to

22 coordinate together. In all due respect to the


195

1 architects who are here they have a mission to

2 present their own aesthetic, their own idea and

3 they finally got it.

4 It was a wonderful day when everyone

5 sort of realized we can be unique while we are

6 compatible with each other. And I think that's

7 what's particularly special about this.

8 This is not one architect coming in

9 and designing a whole. It is not something where

10 one building is here and then five years later

11 another building comes up, and five years later

12 another one comes.

13 This is all taking place within this

14 plan. And the idea of dealing with medical

15 office buildings, housing, multifamily housing,

16 individual family housing, parks, and dealing

17 with these adaptive reuses, very difficult but

18 accomplished. A successful exemplary effort.

19 We also have a need to educate the

20 community and visitors. That is one of our

21 approaches to that. And this slide you can see,

22 this is just one of the things that shows the


196

1 different types of placards that will be around

2 that provide community history, that provide sand

3 engineering history, that science and public

4 health.

5 This is part of the package that was

6 supported and approved by the Historic

7 Preservation Review Board after our last Mayor's

8 Agent hearing.

9 It includes specific historical

10 components such as a walking museum where

11 literally there will be an iPhone kind of thing,

12 smartphones that has an app that you'll be able

13 to go to certain sites and learn history that

14 way.

15 They will also be within the

16 resources. There will be informational

17 discussions, exhibits, chronology.

18 There will be passive experiences,

19 being able to walk along the Olmstead Walk and

20 look over to the reservoir will be an

21 extraordinary experience to have that happen.

22 And to continue and look over. I have


197

1 kidded many times I would love one of the

2 apartments so I can just look over at the

3 reservoir. I think it will be an amazing view.

4 The opportunities from a passive

5 experience. But there's also the active

6 experiences. Not just the walking museum, but

7 I'm going to particularly point out cell 28.

8 We have not talked a lot about cell 28

9 but it is perceived to be something that will be

10 -- that is part of the cell. It will be open on

11 one side and I think you can see an image on the

12 upper lefthand corner that you can actually

13 you'll be looking into the cell as you walk from

14 North Capitol Street.

15 And you can get close. And there will

16 be some kind of -- probably a glass partition.

17 But there will be exhibits that explain what

18 you're looking at. You will see historic

19 drawings there. We hope the opportunity will be

20 possible for us to have regular tours under

21 certain controls.

22 And you can see in the lower lefthand


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1 side you can just enjoy it as well. There will

2 be hardscape that will allow people to gather.

3 And also when we have access to cell

4 14 which D.C. Water is supposed to return as

5 they've got it. So that is their commitment,

6 that it will be as it is so that we will be able

7 to have access into that once again under

8 controlled circumstances with a structural

9 overlay that has been described.

10 And so that this concept of museum is

11 taken to a level that is beyond just walking

12 around a gallery. This is an experiential museum

13 that we will have.

14 We will also have public art. And

15 this just shows some of the examples using the

16 sand bed, exterior light projections, applied art

17 sculpture.

18 We've also talked about using parts.

19 The manhole covers could become a sculpture. The

20 pipes and things could be used in different ways.

21 We are using the sand washers. In

22 some places they are shown just as they were, but


199

1 other places they can be planted with flowers.

2 In other places they might be deconstructed in

3 such a way to make a piece of art.

4 The opportunity there to have art as

5 learning of what's there. And clearly the themes

6 of water and health will be very much a part of

7 that.

8 So, do I think that these specific

9 architecture land planning and community benefits

10 make this a project of special merit?

11 Absolutely.

12 It's a comprehensive coordinated plan.

13 It has significant benefits to District of

14 Columbia as well as the community.

15 This will not just be a neighborhood.

16 This will be a destination place. People will

17 come here to see it. It will be very special.

18 The park will be very special.

19 It will have social benefits as land

20 planning. And the many benefits that I have not

21 talked about that are beyond art and

22 architecture, social, but into the kinds of


200

1 things like health and planning we will talk

2 about soon.

3 But I believe just on what I've shown

4 you alone this is a project of special merit.

5 I do think it's comparable. I'd like

6 to show that again. We've got the Corcoran

7 Gallery of Art, the Phillips, the NPR building,

8 the Homer building, Arena Stage.

9 And what's interesting is that in each

10 case these are all the product of a single firm

11 or person. Bing Thom did Arena Stage. His firm

12 did that.

13 The challenge of the multiple

14 architects was not there. This was very much --

15 they have an owner, one owner. We have four.

16 And they are all providing both

17 exemplary architecture as well as land planning,

18 or economic benefits, or a balance of all the

19 benefits. They're all very special projects.

20 I'd like to talk about two of them a

21 little more because I think that they help

22 elucidate the issue of when you have some parts


201

1 of what was the landmark and you don't have all

2 of it because you're introducing something new.

3 1111 North Capitol Street is now NPR.

4 And it was in front of you. There is a portion

5 of the building which you see in the upper right-

6 hand slide you can see the warehouse building and

7 on the lefthand side you can see it was

8 continuous columns. Every floor was the same.

9 It was just a warehouse building.

10 The lower right-hand, this is

11 approximately how much of it was removed. It's

12 actually a little more than that shows was

13 removed, and then a new addition on the upper

14 right-hand side was visible there. And it

15 actually collapsed and came around to the L

16 Street side.

17 So the North Capitol Street side was

18 intact, but the -- you can see the slide, and on

19 the bottom slide you can see how it integrated

20 the old and new came together where we have a two

21 story section with two one story sections with

22 their columns. So that when you're in the


202

1 building you can experience what was old and what

2 is new.

3 Arena Stage is fascinating because on

4 the left is the original landmark. It was a very

5 early designation of a building.

6 And they found that their needs had

7 changed as Arena has grown dramatically from a

8 small regional to a very significant regional

9 theater.

10 And they took the Arena Stage itself,

11 the original building which is on the lefthand

12 side, and the stage of the Krieger, not its seats

13 and not the lobby, and they wrapped it in this

14 large glass building that has this very dramatic

15 roof.

16 So you can walk into the current what

17 we call Arena Stage and see what they call the

18 Fichandler Stage which is the original part. And

19 you can go into the stage that's the Krieger and

20 you can see the original stage.

21 So it did not retain by any means, not

22 as much as we're retaining proportionally, but it


203

1 retained what was important and allowed this very

2 exciting building to happen which has been an

3 incredible draw for the Southwest and when the

4 wharf project is done will be part of that entire

5 experience of an area that had been long

6 unappreciated. The wharf never got to be what it

7 was intended to be. And now will be a very

8 exciting space.

9 I also was asked to speak about

10 offsite benefits. I was involved with 600

11 Massachusetts Avenue which on the lefthand side

12 upper is the Massachusetts Avenue facade of this

13 large glass building. On the right upper side is

14 the Eye Street side that includes the little

15 buildings that were preserved.

16 But on the bottom screen on the

17 lefthand side is the small church that was

18 covered in formstone. And this project provided

19 the benefit offsite to remove the formstone and

20 in the process we actually discovered that what

21 had been I think it was a Baptist church had been

22 a synagogue, but before that it had been a


204

1 Presbyterian church.

2 And it turned out that the

3 Presbyterian church was designed by Thomas Walter

4 when he was in Washington designing the Capitol

5 Dome and the Presbyterian congregation went to

6 him and asked him to provide a design which he

7 did. And it was not known before this effort.

8 Another is the project at 2234-2238

9 Martin Luther King Boulevard, the Big K

10 development where buildings were moved off to a

11 different site to allow this to happen, and

12 fitting them into the neighborhood so that they

13 could continue.

14 So lastly I'd like to just talk about

15 the subdivision and whether it's necessary to

16 obtain the special merit benefits identified.

17 I have participated in a few

18 subdivision cases. Subdivision is very important

19 because it changes the way our cities are

20 organized.

21 And we know that this site in 1894 was

22 subdivided. And we know nothing was ever done.


205

1 It was never built upon. And we know that in

2 1901 when the United States took the private land

3 over they were not required to change -- so they

4 had no subdivision requirements. They just

5 overlaid the new project on top of the existing

6 paper streets. And that has been how it has been

7 all these years.

8 So, today we could not build the

9 McMillan plant nor can we build the project of

10 special merit because we need to subdivide and

11 get rid of the old subdivision and put in a new

12 subdivision that allows the project to proceed.

13 So it's fairly simple in terms of --

14 it's very unusual that we have a situation where

15 we have subdivisions that have been ignored for

16 100 years. But this is I think pretty obvious

17 that it's necessary for the special merit project

18 to happen.

19 So, in conclusion I think that it is

20 my opinion that this project is consistent with

21 the act, that it is a project that needs the

22 subdivision to allow it to happen.


206

1 And most importantly that it achieves

2 special merit in all three categories of

3 exemplary architecture, land use planning, and

4 community benefits. Thank you.

5 MS. BROWN: I just have some quick

6 follow-up questions and I'm clearly very bad at

7 estimating time so I don't know if this would be

8 the good place to break after we do the

9 questions.

10 So Ms. Eig, in discussing the

11 consistent with the purposes of the act what

12 factors do you take into consideration about the

13 existing condition of the building or the

14 features? We have the unstable cells and whether

15 they're visible. How does that factor into the

16 relative preservation harms and benefits?

17 MS. EIG: Well, as I said in the early

18 part of the presentation we did a study of the

19 relative level of significance and we did that

20 based on the three criteria.

21 And as a result of that obviously

22 they're very important to the concept of water.


207

1 They're not as important relatively speaking to

2 the concept of the public because the public did

3 not see those cells. That is a phenomenon of

4 recent time where they collapsed and people have

5 gotten onto the site. But they were not publicly

6 -- the cells themselves were not publicly

7 accessible. And so they were given less of a

8 level of significance.

9 MS. BROWN: And so that helps. Are

10 these -- you had a slide of the level at North

11 Capitol with the interior features of the

12 columns. Do you equate the interior elements --

13 MS. EIG: Yes, I understand. As I

14 said, the warehouse had -- every floor was

15 exactly the same. There was a small office in

16 the front and that was it.

17 And so retaining all of the eight

18 rows, lots of square footage of these cells -- of

19 the -- I'm sorry, the columns in these spaces was

20 not necessary to understand the character of the

21 building.

22 And similarly, for us to understand


208

1 what a cell looks like it is not necessary to

2 save all 20 cells. We can see one cell and that

3 cell tells us the story. And we're going to have

4 one cell that we hope will have access, and one

5 cell that we will as part of this project early

6 on be able to look into and understand.

7 MS. BROWN: And when we talk about the

8 amount of demolition on this site do you have to

9 take into consideration the entire landmark? So

10 if you were to say in what percentage is being

11 demolished it wouldn't just be on this 25 acre

12 site.

13 MS. EIG: No. The test is the

14 landmark. It is not this chunk of the site that

15 we've pulled out.

16 MS. BROWN: And with the -- you

17 mentioned in your earlier discussion the

18 difference between the resources and it's really

19 a component.

20 And when you demolish a cell that

21 would include all four walls of it.

22 MS. EIG: And it's actually -- the


209

1 cell is a box and it has an opening in the box

2 that has been flipped up which is your portal,

3 and the wall creates the retaining wall for the

4 concrete ceiling.

5 So we really have more than -- a

6 component of that cell is the portal wall, but it

7 is part of the cell. And so therefore it's not

8 freestanding, it's actually a retaining wall, the

9 side of that. So it is a component.

10 MS. BROWN: And getting back to the

11 1111 North Capitol example that building was not

12 designated for its interior, was it?

13 MS. EIG: No.

14 MS. BROWN: And do you know if the

15 cells are -- the interior of the cells are

16 designated as part of the landmark?

17 MS. EIG: That is not my reading of

18 the landmark.

19 MS. BROWN: Let me see if there's

20 anything else I have. Those are all my

21 questions.

22 DR. BYRNE: Okay. All right. So,


210

1 time for a break. I'm wondering how long to

2 take. Forty-five minutes?

3 MS. BROWN: Yes, my witnesses

4 corrected me and they told me that I think we

5 probably have 40, 45, yes.

6 DR. BYRNE: I'm saying how long to

7 take a break.

8 MS. BROWN: Oh yes, 45 for lunch too.

9 DR. BYRNE: Is that agreeable?

10 MS. FERSTER: We're agreeable to that.

11 I do have a question though and that is that

12 during the course of these sort of speedy

13 presentations the slides go by pretty quickly.

14 Would it be possible for you to provide printed

15 copies of the slides after the break.

16 MS. BROWN: We have copies that we

17 were going to hand in after the testimony, yes.

18 MS. FERSTER: Can we have them now?

19 MS. BROWN: We were going to hand them

20 in after the testimony.

21 MS. FERSTER: It would be helpful

22 because in order to be able to ask questions I


211

1 can't remember what's --


3 MS. FERSTER: Okay. Thank you.

4 MR. OTTEN: Mr. Byrne, just a

5 procedural question in terms of our D.C. for

6 Reasonable Development submittal documents.

7 We have them on a USB stick. We were

8 going to email them but the files are big. So we

9 could submit that.

10 DR. BYRNE: So you want to just hand

11 me the stick?

12 MR. OTTEN: I could do that.

13 DR. BYRNE: I mean, I'm waiting --

14 MR. OTTEN: Yes, I could -- I mean, I

15 could email them to you but I'd prefer to just

16 give you --

17 DR. BYRNE: They really need to go to

18 everybody, all the parties.

19 MR. OTTEN: Yes, that's not a problem.

20 DR. BYRNE: So email them to all the

21 parties. That would be good. So 1:23. Be back

22 here at 10 after 2, does that sound right?


212

1 (Whereupon, the above-entitled matter

2 went off the record at 1:26 p.m. and resumed at

3 2:13 p.m.)

4 DR. BYRNE: Well, it's 2:10. We're

5 ready to proceed.

6 MS. BROWN: Yes, we're ready. Our

7 next witness is Mr. Adam Weers from the Trammel

8 Crow Company. He will speak on the special merit

9 of the healthcare facility and other features of

10 the project.

11 MR. WEERS: Good afternoon, Mr. Byrne.

12 My name is Adam Weers. I am a principal with

13 Trammel Crow Company. We are the developer of

14 the healthcare component at McMillan.

15 I'd like to start today by responding

16 to remand issue number two and sharing some

17 information about the special merit features of

18 the healthcare facilities individually as a

19 linchpin for our entire proposal.

20 As you are aware the court asked for

21 clarification on the finding that the healthcare

22 component only contributes to the special merit


213

1 of the project in connection with the adjacent

2 hospitals, and is a part of an overall medical

3 district.

4 The first part of my testimony today

5 will be focused on several attributes of the

6 healthcare facilities that are worthy of

7 consideration as special merit features by

8 themselves.

9 The healthcare component which

10 comprises half the development program at

11 McMillan provides much needed services for

12 district residents, a unique and innovative

13 workforce development program to connect district

14 residents to the 3,200 permanent jobs created and

15 provides the critical boost to the daytime

16 population of McMillan which is directly tied to

17 our project's ability to deliver the community

18 serving retail and grocery uses demanded by the

19 community.

20 Far from a typical office complex, the

21 healthcare portion of this project directly

22 addresses community and district priorities, and


214

1 is deserving of special merit designation as an

2 individual component of the project by itself.

3 The work that is performed inside the

4 walls of these facilities will literally save the

5 lives of people in our city, adults and children

6 alike.

7 These will not be lawyer's offices or

8 consulting shops, but outpatient facilities,

9 imaging rooms, and research labs creating

10 innovative new treatments, ideas, and cures.

11 This industry is hugely important to

12 the district both in terms of the care that is

13 delivered that all of us are in need of, but also

14 in terms of positioning our city for a future

15 less reliant upon the traditional industries that

16 have fueled our economy.

17 Simply put, healthcare is a

18 dramatically different offering from a general

19 office use and is in fact one of the most

20 impactful commercial uses that could possibly be

21 developed at McMillan.

22 The healthcare portion of McMillan is


215

1 also worthy of special merit consideration as it

2 is a sorely needed addition to the city's aging

3 healthcare infrastructure.

4 The district's healthcare facilities

5 are on average the second oldest in the nation

6 much of which is owed to the infrequency with

7 which new healthcare facilities are built in our

8 city.

9 Indeed the district has not seen a

10 major new healthcare development completed in 15

11 years when GW Hospital delivered in 2002.

12 While our buildings are built slowly

13 the district's population is rising rapidly with

14 some 100,000 people moving in over the same 15-

15 year period. This places even more demand on the

16 existing healthcare facilities throughout the

17 city.

18 These two factors, lack of new supply

19 and a rapidly growing population have led the

20 district to be ranked last in terms of healthcare

21 facilities per capita among all major

22 metropolitan areas in the nation.


216

1 Given this backdrop, having 50 percent

2 of the program devoted to healthcare uses means

3 McMillan presents a truly unique development

4 offering rarely seen in the district.

5 Aging and obsolete healthcare

6 infrastructure has serious ramifications both

7 from the delivery of care and from the cost of

8 care in our city, a significant portion of which

9 is paid for through publicly funded Medicare and

10 Medicaid programs.

11 The addition of such a significant

12 amount of new state of the art healthcare

13 facilities provides a tremendous benefit not only

14 to the direct participants in this project but to

15 the district as a whole.

16 Locating McMillan directly adjacent to

17 the Washington Hospital Center campus perfectly

18 positions us to help address these systemic

19 issues.

20 As healthcare real estate in the

21 district places high value on adjacency to

22 existing hospitals.


217

1 The circles on this map represent the

2 concentrations of healthcare buildings throughout

3 the city and a large yellow star represents the

4 3.5 million square feet of hospitals next to

5 McMillan.

6 This adjacency offers a unique

7 opportunity for these systems to modernize

8 significant portions of their operations by

9 expanding across the street and repurposing the

10 newly freed up space on their existing campus.

11 All four of the existing hospital

12 systems at the Washington Hospital Center campus

13 are extremely successful and often struggle with

14 demand levels that cause them to operate beyond

15 100 percent capacity of their existing buildings

16 placing an increasing burden on facilities that

17 are in some cases reaching obsolescence.

18 The need for modernization,

19 repurposing and expansion among these users is

20 pressing and immediate, and McMillan is the only

21 development parcel available adjacent to their

22 campus which can reasonably address this level of


218

1 space need.

2 In designing the parcel buildings our

3 team embraced forward thinking smart growth

4 principles, thereby abandoning the historic

5 formula for big healthcare which was to place

6 massive sprawling complexes on very large land

7 parcels, a phenomenon seen locally at United

8 Medical Center and Providence Hospital.

9 Modern healthcare design incorporates

10 smart growth principles like taller buildings,

11 vertical integration, smaller footprints,

12 underground parking, and mixed use environments

13 with rich amenity bases and open green public

14 spaces.

15 These features are not easy to

16 accomplish and they come with significant cost.

17 But successfully implementing them can help a

18 healthcare system deliver better care, enhance

19 the patient experience, and attract the best and

20 brightest human capital.

21 In pursuing these principles at

22 McMillan parcel one is squeezing nearly 800,000


219

1 square feet of density into less than 4 acres.

2 In addition, the building

3 configuration was directly influenced by the site

4 context and by community input.

5 We pushed our building back from North

6 Capitol Street as a response to the strong old

7 neighborhood creating a 260 foot buffer.

8 This buffer allowed an acre of new

9 park space and the preservation of cell 14.

10 We pushed our building away from the

11 north service court to more appropriately relate

12 the buildings to the historic assets preserved

13 within this key element of the plan.

14 The creation of the healing gardens

15 came directly from a community request to shrink

16 the building footprint in order to make room for

17 additional green space.

18 This move also added to our

19 preservation program and enhanced our ability to

20 reenvision the Olmstead Walk's most prominent

21 section.

22 And lastly, the parcel one buildings


220

1 were shortened by 15 feet and moved again to

2 maintain the historic view corridors of the

3 adjacent Armed Forces Retirement Home site.

4 The healthcare component of McMillan

5 is the economic driver of the development program

6 and is also responsible for the majority of the

7 developer contributions to the community benefits

8 agreement VMP developed with ANC 5E which totals

9 more than $5 million of combined benefits and

10 mitigation efforts directly flowing to the

11 adjacent communities.

12 This CBA, one of the most significant

13 agreements ever incorporated into a district PUD

14 was agreed to by the ANC and the development team

15 in 2014 but has been forced to sit idle for the

16 past three years.

17 Agreeing to a CBA of this magnitude is

18 only accomplished through buy-in and consensus,

19 and at McMillan this took a tremendous amount of

20 effort.

21 The CBA was a culmination of a years

22 long community engagement process involving more


221

1 than 200 public meetings between the development

2 team and community members.

3 It is critical to note that this

4 project's ability to provide such a substantial

5 and comprehensive package of benefits is directly

6 tied to the level of development included in our

7 plan.

8 To remove or reduce the development at

9 McMillan would directly impact our CBA and undo

10 the agreement all parties worked so hard to

11 achieve.

12 One of the most significant components

13 of the CBA is the $1 million in scholarships and

14 grants directed at our workforce development

15 strategy, Opportunity McMillan.

16 Through this innovative new plan VMP

17 has partnered with the community foundation, a

18 national leader in the workforce development

19 sphere to invest this $1 million and help us

20 ensure that district residents get access to the

21 education and job training necessary to plug them

22 into the jobs McMillan creates.


222

1 This extensive workforce development

2 strategy was crafted to have a particular focus

3 on the thousands of permanent healthcare jobs

4 which McMillan will create which makes this one

5 of the most innovative and ambitious workforce

6 development initiatives in the country.

7 Opportunity McMillan has two main

8 pillars both of which are worthy of special merit

9 designation.

10 First, a $1 million contribution

11 distributed as scholarships to residents and

12 grants for workforce development organizations

13 all designed to help Ward 5 and district

14 residents pursue education and career

15 opportunities related to McMillan and careers in

16 health and life sciences.

17 And second, VMP will build the

18 Washington Center for Health Careers, a permanent

19 job training center to house this initiative

20 within the parcel one healthcare facilities.

21 McMillan's workforce development

22 strategy will be based on the needs of local


223

1 residents and the project's future tenants, and

2 will initially focus on entry-level and middle-

3 skill opportunities.

4 By focusing on the entry-level

5 opportunities residents with limited recent

6 employment or barriers to employment can still

7 gain work experience and connect to career

8 pathways leading to family sustaining careers.

9 Middle skill opportunities by contrast

10 are jobs that require more than a high school

11 diploma but less than a four year college degree,

12 yet still provide workers with family sustaining

13 incomes and opportunities for advancement.

14 Ultimately this training is designed

15 to connect all workers to career pathways that

16 allow for continued advancement, additional

17 training, and valuable work experience.

18 The community foundation has extensive

19 experience in this arena and has implemented

20 similar programs in the past with some of the

21 employers currently located at the Washington

22 Hospital Center like Children's National Medical


224

1 Center and Medstar.

2 Thus our strategy is based on proven

3 models and a past record of success.

4 In summary, there are numerous reasons

5 why the healthcare component of McMillan is

6 worthy of special merit consideration on its own

7 and independent of its inclusion in a medical

8 district.

9 First, the district is significantly

10 undersupplied in terms of healthcare facilities

11 per capita. We are a growing city and an aging

12 city, and we have an existing base of healthcare

13 infrastructure that is among the oldest in the

14 country.

15 Aging and obsolete healthcare

16 infrastructure has serious ramifications for both

17 the delivery of care and for the cost of care in

18 our city, a significant portion of which is paid

19 for through the publicly funded Medicare and

20 Medicaid programs.

21 New healthcare facilities provide a

22 uniquely beneficial use that serves not only the


225

1 direct participants of the development project

2 but the public as a whole.

3 Second, the specific location of this

4 site and its adjacency to the largest

5 concentration of hospital users in the region

6 makes it incredibly special.

7 The users of Washington Hospital

8 Center are operating above capacity and

9 desperately need to expand.

10 From their perspective McMillan is the

11 most unique development site in the district as

12 it provides the potential for adjacent

13 development no other site can offer.

14 Third, the design of the parcel one

15 buildings themselves is a departure from

16 traditional healthcare design and represents a

17 forward thinking vertically integrated smart

18 growth approach to healthcare development.

19 This approach allows the McMillan

20 facilities to embrace and directly integrate the

21 network of open green public spaces and historic

22 assets which the master plan has thoughtfully


226

1 interspersed throughout the site.

2 Fourth, McMillan provides one of the

3 most substantial CBA agreements ever seen in a

4 district PUD with $5 million in proffers and

5 mitigation efforts directly benefitting the

6 surrounding communities.

7 And fifth, there is nothing typical

8 about the $1 million investment VMP is making in

9 scholarships and grants to local residents and

10 workforce development organizations.

11 These resources will help prepare

12 district residents for the healthcare focused

13 jobs across a wide spectrum of career

14 opportunities from entry level to middle skill to

15 advanced positions, something that truly sets

16 this strategy apart from other workforce

17 programs.

18 This initiative developed in

19 conjunction with experts like the Community

20 Foundation is truly unique and will serve as a

21 national model.

22 Next I'd like to share some thoughts


227

1 in response to remand issues number three and

2 four, and that the proposed demolition is

3 necessary to obtain this significant level of

4 special merit benefits that I have just

5 highlighted and that there are no reasonable

6 economically viable alternatives that would

7 reduce the need for demolition and achieve the

8 same level of special merit benefits.

9 To highlight this I point to the

10 ramifications of saving some additional

11 underground cells on parcel one.

12 This slide shows the footprint of the

13 buildings on parcel one overlaid with the

14 location of the underground cells.

15 Saving an additional cell would impact

16 the footprint of the building dramatically and

17 cause such a reduction that the proposed facility

18 could no longer be feasibly developed and the

19 entire development plan for parcel one would

20 collapse.

21 By way of example if cell number 13

22 were preserved it would impact more than half of


228

1 the footprint of the 8 story eastern tower of the

2 parcel one facility as well as the five level

3 underground garage.

4 The integration of this facility above

5 and below grade within this site was an

6 incredibly difficult process given the number of

7 fixed components within parcel one which must be

8 accounted for, including the location of Half

9 Street, the north service court, the Olmstead

10 Walk, and the numerous points of access and

11 circulation required to service a facility of

12 this size.

13 The removal of an additional acre of

14 land from parcel one is an adjustment so

15 significant there are no reconfiguration options

16 available that would result in a reasonably

17 designed facility on this site which could still

18 meet the circulation, parking, access, and design

19 requirements necessary to make it financible and

20 leasable.

21 Rather than reconfiguration the

22 preservation of cell number 13 would result in


229

1 the loss of the entire eastern tower, or

2 approximately 400,000 square feet of the current

3 parcel one density.

4 A 50 percent reduction in the parcel

5 one density from our original filing is a blow so

6 severe the healthcare program would no longer be

7 economically feasible.

8 TCC is the largest commercial

9 developer in the country today as well as the

10 largest healthcare developer in the country and

11 as such our team has significant experience and

12 expertise necessary to execute this healthcare

13 strategy at McMillan.

14 We have a strong track record of

15 completing similarly large and complex healthcare

16 developments across the country.

17 As with many of these other large

18 development projects the economic viability of

19 the healthcare program at McMillan is dependent

20 upon scale and a critical mass in order to house

21 a program with a range of different healthcare

22 uses and users as well as a balance of large


230

1 anchor tenants and small to mid-sized

2 organizations.

3 To lose 50 percent of the parcel one

4 density makes this user mix impossible and would

5 render the entire healthcare strategy for

6 McMillan infeasible.

7 Indeed, it would remove the commercial

8 component of McMillan from the development

9 program entirely for several reasons.

10 First, outside of our vision for a

11 large-scale healthcare campus at McMillan there

12 are no other viable healthcare development

13 options of any significant size.

14 This slide shows all off campus

15 healthcare real estate in our region. And I

16 would note that the entire off campus healthcare

17 real estate market in the District of Columbia is

18 actually quite small with only 1.3 million square

19 feet. That is the entire market of the District

20 of Columbia and the single largest off campus

21 healthcare building ever developed in this city

22 is 160,000 square feet. One hundred and sixty


231

1 thousand square feet.

2 The point here is if you do not pursue

3 the vision that we have laid out, one of scale

4 and critical mass, one involving a combination of

5 large anchor tenants and small to mid-size

6 organizations, the market shows us that the

7 alternative is something less than one-fifth of

8 the size of our current program.

9 Even if such a reduced program were

10 economically feasible it would clearly mean a

11 reduced level of special merit features.

12 One-fifth of the development means

13 one-fifth of the jobs and one-fifth of the

14 healthcare services, and one-fifth of the

15 economic impact that McMillan is currently poised

16 to provide.

17 Second, outside of the healthcare

18 sphere there is no viable commercial office

19 market at McMillan. The commercial office market

20 in the District of Columbia has struggled for

21 some time as illustrated in this slide which

22 highlights the building deliveries, leasing


232

1 absorption, and vacancy rate in the general

2 office market in the district over the past

3 decade.

4 Vacancy rates across this city have

5 risen to their highest level since the early

6 nineties creating a cutthroat environment between

7 office submarkets trying to attract tenants.

8 Outside of the healthcare universe

9 McMillan simply does not have the types of

10 amenities and advantages that office tenants

11 desire, and we could not compete or survive in

12 such a challenging general office environment.

13 And lastly, there is a direct tie

14 between the healthcare component and all other

15 components of this plan.

16 If the large-scale healthcare

17 component is removed you take away the daytime

18 population that the grocery anchor requires in

19 order to pursue this project.

20 If you lose the Harris Teeter grocery

21 you remove 50 percent of the retail program. In

22 addition, the commercial component is the


233

1 economic engine of this project providing two-

2 thirds of the tax revenues, land value and jobs

3 that McMillan generates.

4 This value is the fuel for the many

5 benefits included in this plan. The community

6 center, the parks, the preservation assets as

7 well as the $5 million CBA.

8 In summary, the proposed demolition is

9 necessary to attain this significant level of

10 special merit benefits and there are no

11 reasonable alternatives that would reduce the

12 need for demolition and achieve this same level

13 of special merit benefit.

14 The preservation of additional

15 underground cells in parcel one would cause such

16 a dramatic impact to the above and below grade

17 portions of the healthcare facility that it would

18 eliminate the entire eastern tower.

19 The loss of 50 percent of the parcel

20 one density leads to a loss of the entire

21 healthcare component of the McMillan development

22 program, and a loss of the healthcare component


234

1 means a loss of the daytime population necessary

2 to sustain the Harris Teeter grocer anchor which

3 is 50 percent of the retail program.

4 The development program is

5 inextricably tied to the benefits in the plan and

6 removing a material portion of the development

7 makes attaining the project's other numerous

8 benefits impossible.

9 The density included in the plan,

10 especially the healthcare use, is the linchpin

11 for everything including the grocery anchor

12 retail program.

13 It is the straw that stirs the drink

14 and this fact along with the other numerous

15 benefits I have highlighted today clearly show

16 that the healthcare use is worthy of a special

17 merit designation on its own.

18 Furthermore the development of a large

19 amount of state of the art healthcare facilities

20 is of vital importance to the future of the

21 district's healthcare infrastructure and the

22 ability of our city to continue to grow and


235

1 thrive.

2 This concludes my testimony. I thank

3 you for your time and look forward to answering

4 any questions you have.


6 MS. BROWN: I just have one or two

7 follow-up questions. Mr. Weers, you referred to

8 TCC as having some expertise in healthcare. TCC

9 is the Trammel Crow Company.

10 MR. WEERS: Yes, ma'am.

11 MS. BROWN: And who else in the

12 country is doing this much healthcare facility

13 development?

14 MR. WEERS: We are certainly the

15 largest healthcare developer in the country. My

16 firm Trammel Crow Company, we've been involved in

17 healthcare development since the late nineties.

18 Started doing services and providing real estate

19 expertise to hospitals and healthcare systems.

20 And most of what we do now is system-

21 based. And since that time we have developed

22 roughly $3.5 billion worth of healthcare


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1 development across the country. It's about 15

2 million square feet total.

3 In that we have built 30 hospitals, 80

4 ambulatory and outpatient facilities, and our

5 current pipeline and in process healthcare

6 development only is 4 million square feet, about

7 $2.3 billion.

8 MS. BROWN: Those are all my further

9 questions.

10 DR. BYRNE: So I'm trying to just get

11 a better sense of the healthcare facility and

12 what kinds of services will be provided in it.

13 If this case involved the construction

14 of a hospital let's say I think it's the kind of

15 thing that might be more obviously a special

16 merit type project if there was community need.

17 But this is something different. And

18 I guess I'd ask you to tell me more about the

19 kinds of services that would be provided here and

20 why this is what you'd be doing instead of a new

21 hospital facility.

22 MR. WEERS: So, I would describe the


237

1 range of services that we will see inside of the

2 facilities as you could go from outpatient

3 services on one end of that to administrative on

4 the far other end and everything in between.

5 And so I would say some of the

6 specific things that you might see being done,

7 the care being delivered inside of that, even if

8 you just stick within the outpatient facilities

9 category could be clinical uses.

10 So exam rooms, therapy suites,

11 oncology, cancer. Think big like proton knife,

12 gamma knife machines. Imaging like MRIs,

13 mammography.

14 The kinds of things I think that you

15 would think about as being delivered in a quote

16 unquote "hospital building" which is actually a

17 combination of both inpatient and outpatient

18 services.

19 And so what I think we're going to see

20 primarily as the use in this building is the

21 picking up of some of the existing outpatient

22 services, the moving of them across the street to


238

1 McMillan to deliver the healthcare at McMillan,

2 and then the replacement of that space on campus

3 with additional inpatient facilities which are

4 probably more heavy like hospital uses.

5 So no, we are not developing a

6 hospital, but yes, the uses inside the building

7 are very much still going to be care delivery.

8 DR. BYRNE: To what extent are the

9 entities that operate on the Washington Hospital

10 Center campus going to be -- do you anticipate

11 how likely is it that they would be significant

12 tenants of the project.

13 MR. WEERS: So if I do my job right it

14 will be very likely. We have been in

15 conversations and negotiations with the folks

16 across the street literally for years, since

17 about 2009. And we are working very hard to have

18 them be the anchor tenants at McMillan.

19 It makes all the sense in the world.

20 It is a very complicated and complex transaction

21 and to be totally honest the start and stop, on

22 again off again nature of what we have been going


239

1 through has made our tenant negotiations

2 extremely challenging.

3 That being said I think it is a very

4 high probability that that's where our anchor

5 tenants are coming from.

6 DR. BYRNE: Thank you. Okay, good.

7 MS. BROWN: Our next witness is Mr.

8 Len Bogorad. He was previously qualified as an

9 expert in fiscal -- make sure I get it correctly

10 -- fiscal impact analysis. And I have his

11 resume, actually I have his written testimony

12 that I'll hand to you.

13 DR. BYRNE: Sir, are you with Street

14 Sense?

15 MS. BROWN: No, I'm sorry, he's with

16 RCL Co., and he's an expert in fiscal impact

17 analysis.

18 DR. BYRNE: Okay. And he got

19 qualified in the first hearing.

20 MS. BROWN: He did. And his testimony

21 was very limited because I didn't know that you

22 were not this interested in this, but we are


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1 tailoring it to the big picture of how this

2 individual healthcare facility itself drives the

3 engine.

4 DR. BYRNE: I didn't know I was that

5 interested in it until the court of appeals told

6 me.

7 MR. BOGORAD: Good afternoon,

8 Professor Byrne.

9 As you just heard I won't repeat my

10 previous testimony that's already in the record

11 which regarded the economic and fiscal impact of

12 McMillan as a whole.

13 But hearing the D.C. Court of Appeals

14 stated that they thought at least more clarity

15 was needed with respect to the relevance of the

16 planned healthcare facility to the question of

17 whether the project has special merit I'm

18 addressing in 15 minutes today the connection

19 between economic and fiscal impact on the

20 healthcare facility specifically.

21 In order to analyze this I first once

22 again reviewed the analysis originally conducted


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1 by Green Door Advisors and the updated

2 development program as of 2014.

3 And I conclude that over a 30-year

4 period the entire project will generate

5 exceptional benefits to the district budget,

6 $1.183 billion in district revenues and a net

7 fiscal benefit to the district after taking

8 account of expenditures of $874 million.

9 And I also concluded that the planned

10 development would generate approximately 3,000

11 construction jobs on an annual full-time

12 equivalent basis and approximately 4,400

13 permanent employees.

14 So I then proceeded in response to the

15 court's decision to specifically analyze the

16 economic and fiscal impact of the healthcare

17 facility and determined that 94 percent of the

18 onsite permanent jobs and 65 percent of the

19 construction jobs at McMillan will be a result of

20 that healthcare facility.

21 I also found that 65 percent of the

22 D.C. revenues from the project and 69 percent of


242

1 the net fiscal benefit of the project will result

2 from the healthcare facility.

3 As Mr. Weers testified the project

4 offers the exceptional opportunity to complement

5 the nearby hospitals in a way that sites

6 elsewhere in the district could not.

7 Healthcare is one of the most

8 important industries in the district and it's

9 very important to take advantage of a site that's

10 so proximate to hospitals in order to generate

11 all the benefits, but specifically in my area of

12 expertise additional economic activity.

13 As a result the project offers the

14 opportunity to generate many jobs in a wide range

15 of salaries in a non-downtown location.

16 I also concluded this job creation

17 from the healthcare facilities particularly is

18 important in Ward 5 which has a higher

19 unemployment rate than the district as a whole.

20 Furthermore, because this location is

21 uniquely likely as Mr. Weers testified to attract

22 such a healthcare facility the tax revenues and


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1 net fiscal impact that the healthcare facility

2 will generate will not be obtained anywhere else

3 in the district if it were not for this project.

4 I also wanted to briefly respond to

5 the statement of FOMP's response to applicant's

6 pre-hearing brief on remand issues that the

7 impact of McMillan is quote "entirely comparable

8 to other large development sites such as the

9 Southwest waterfront development, St. Elizabeth's

10 East, and other comparably sized sites," close

11 quote.

12 While it's undoubtedly true that some

13 other major D.C. developments have comparably

14 exceptional benefits to McMillan most of the

15 developments in the district, most of the

16 developments listed on the DMPED website linked

17 to in the FOMP response undoubtedly have much

18 less significant employment and fiscal benefits

19 than McMillan will.

20 For example, according to the DMPED

21 website the wharf will create 1,000 permanent

22 jobs and between 650 and 1,000 construction jobs


244

1 compared with 3,300 onsite permanent jobs, 1,100

2 indirect permanent jobs, and 3,000 construction

3 jobs at McMillan.

4 St. Elizabeth's East entertainment and

5 sports arena also listed on the website is

6 forecasted to generate 300 permanent and 600

7 construction jobs.

8 D.C. United, 600 permanent and 290

9 construction jobs.

10 And Shops at Dakota Crossing, a total

11 of 1,200 permanent and construction jobs.

12 In terms of annual revenues at

13 stabilization the DMPED website reports that D.C.

14 United would generate $6 million in annual

15 revenues, St. Elizabeth's East entertainment and

16 sports arena $4.5 million, Martin Luther King

17 Gateway Community $1.4 million, and Hill East

18 District Redevelopment $1 million compared with

19 $34 million in annual revenue at stabilization

20 for McMillan.

21 And finally it's also worth noting I

22 think that the economic and fiscal impact


245

1 anticipated from the Rhodes Tavern development

2 many years ago according to the court of appeals

3 1981 decision was going to be 2,000 permanent

4 jobs versus the 4,400 at McMillan, and in excess

5 of $2 million in annual tax revenues which is

6 equal to about $5 million in today's dollars

7 compared with $34 million at McMillan.

8 And the court stated that this impact

9 was a factor militating in favor of a finding of

10 special merit.

11 Thanks very much. I'll take any

12 questions.

13 DR. BYRNE: Thank you. You mentioned

14 the net benefits to the district in terms of the

15 expenditures that they are putting in.

16 Can you characterize or specify the

17 expenditures with what D.C. is putting in?

18 MR. BOGORAD: Sure. A whole range of

19 different budgetary activities. Schools, police,

20 fire --

21 DR. BYRNE: Offsite?

22 MR. BOGORAD: Well, the way this is


246

1 typically done in the industry and as we've done

2 and as our predecessor on this project Green Door

3 Advisors did is to essentially look at the entire

4 district budget and all the different activities

5 the city does and then allocate a share of that

6 to each job and each person who's in a given

7 project.

8 And so arguably it's more and probably

9 to be honest the impact is even less than is

10 calculated though we think that's a fair way.

11 DR. BYRNE: I see. So you're not

12 talking about value of land.

13 MR. BOGORAD: No, no, just services.

14 DR. BYRNE: Okay, thank you. Okay.

15 MS. BROWN: Our next witness is Mr.

16 Shane Dettman. And I would like to have him

17 qualified as an expert in land planning and

18 zoning. I have his resume that I'll hand in.

19 MS. FERSTER: I have an objection.

20 DR. BYRNE: Oh you do have an

21 objection.

22 MS. FERSTER: I believe I have an


247

1 objection. I don't object to Mr. Dettman's

2 qualifications as a planner, but the objection I

3 would like to raise has to do with his prior

4 service with the National Capitol Planning

5 Commission.

6 He was and he testified to that effect

7 before the Zoning Commission that when the

8 National Capitol Planning Commission reviewed

9 this project in its role of reviewing the zoning,

10 the prior zoning decision he was the staff

11 person.

12 He appeared before the National

13 Capitol Planning Commission. He presented

14 testimony about the impact of the McMillan

15 project on view sheds that were important to the

16 determination of both at the Zoning Commission

17 hearing and also aspects of the site that are

18 important to its historic significance.

19 And the Ethics in Government Act

20 actually has an absolute restriction on former

21 officers, employees, and elected officials of the

22 executive and legislative branches in the federal


248

1 and the District of Columbia government that is

2 permanent on actually appearing in a proceeding

3 which is of the same matter that the individual

4 actually represented the government for.

5 So we believe and the citation of that

6 statute is 18 U.S. Code Section 207(a) which is

7 the section that deals with the permanent

8 restriction.

9 And so we believe that that

10 restriction and the Ethics in Government Act

11 disqualifies Mr. Dettman from testifying in this

12 proceeding.

13 DR. BYRNE: So it's not a question

14 really of his expertise but it's the ethics act

15 which would prevent him from testifying even

16 without regard to being an expert witness. Do I

17 have that right?

18 MS. FERSTER: Right. That's exactly

19 right. We don't object to his qualifications as

20 a planner. And I will refer you to Committee for

21 Washington Riverfront Parks v. Carol Thompson

22 which indicated that -- the Mayor's Agent really


249

1 had an obligation to entertain that type of

2 disqualification motion where the expert being

3 presented is an official who is potentially

4 subject to the Ethics in Government Act

5 restrictions.

6 DR. BYRNE: That's a Mayor's Agent

7 case?

8 MS. FERSTER: It is. It's a decision,

9 a D.C. Court of Appeals review of the decision of

10 the Mayor's Agent for Washington Riverfront Park.

11 Thompson 451 A.2d 1177.

12 That case is a little different in

13 that it dealt with a different fact pattern than

14 this case in terms of the involvement of the

15 former government officials in the prior

16 decision-making.

17 And I believe the court found that

18 they were actively involved in the prior

19 decision-making in that case.

20 MS. BROWN: Yes, I'd like to have Mr.

21 Dettman respond to that.

22 DR. BYRNE: Okay.


250

1 MR. DETTMAN: Good afternoon, Mr.

2 Byrne.

3 Well, Ms. Ferster is correct that I

4 was with the National Capitol Planning Commission

5 until just over two years ago and I did have some

6 involvement in NCPC's advisory zoning review of

7 the McMillan project.

8 Upon finding out that I was going to

9 leave NCPC NCPC's in-house counsel did prepare a

10 memorandum regarding conflicts of interest and

11 where I was barred from participating moving

12 forward.

13 That memorandum to two sections of the

14 U.S. Code which deals with lifetime ban from

15 working on projects as well as a two-year ban.

16 Both of those provisions of the code

17 as I understand it have to do with me

18 representing a non-federal organization in front

19 of a federal agency.

20 DR. BYRNE: And you think it's D.C. or

21 federal, doesn't matter.

22 MS. FERSTER: That's my reading of the


251

1 statute and regulations is they don't distinguish

2 between the two.

3 DR. BYRNE: Do we have a copy of the

4 regulations, the statute?

5 MR. DETTMAN: I think I might have it

6 here.

7 MS. BROWN: And we might be able to

8 find a way to get it printed and give to you now.

9 DR. BYRNE: So, could we go on to

10 another witness while that's getting organized?

11 And then we can come back and consider that.

12 MS. BROWN: Sure. Our next witness is

13 Mr. Aakash Thakkar. Aakash, if you could proceed

14 with your testimony.

15 MR. THAKKAR: Good evening. Is it

16 Mayor's Agent Byrne or what is the appropriate

17 way to address you? Judge Byrne?

18 DR. BYRNE: Mr. Byrne.

19 MR. THAKKAR: Mr. Byrne. My name is

20 Aakash Thakkar. I'm a senior vice president with

21 the certainly EYA and I've had the good fortune

22 to have been working on this project since its


252

1 fruition with the District of Columbia about

2 eight or so years ago.

3 So my goal is to sort of summarize our

4 case in its entirety, number one. Number two,

5 provide some details as it relates feasibility of

6 alternatives and particularly cost as it relates

7 to feasibility.

8 And then number three, provide a

9 perspective on this project from the standpoint

10 of the developer. And it's our job to look at

11 preservation and design and program and cost to

12 propose a project that enhances the landmark and

13 provides benefits to residents. At least that's

14 the way we saw and see our job. And so I'd like

15 to do that.

16 Before I get into my presentation

17 there's a couple of questions that have come up

18 and I'd like to just address them quickly.

19 There's some talk in some of the

20 submissions from FOMP about who is paying the

21 bills for our consulting team. And I just want

22 to put on the record Vision McMillan Partners the


253

1 private development team is paying its consulting

2 team and itself for any and all appeal work on

3 this project.

4 So I just know it's been noted in a

5 number of the different submissions. That isn't

6 the case. I wanted to make it clear the district

7 is not paying those bills.

8 Number two, with regard to affordable

9 housing I want to clarify the record there as

10 well.

11 In fact, at the time this case was

12 decided given the zone that we applied for at

13 McMillan the requirement for affordable housing

14 was 8 percent of the floored area of the

15 residential and 80 percent of AMI.

16 And so we have argued, and I don't

17 know if it's even an argument, it's a fact that

18 we have 20 percent of our units which is units as

19 opposed to floored area.

20 We will do a calculation. I think

21 it's important to put in the record what the

22 calculation of floored area is, but it far


254

1 exceeds the 8 percent that was a requirement at

2 that point in time.

3 What I'll also note is that the bulk

4 of our affordable housing is below the 80 percent

5 that was the law at that point in time. I'd say

6 it's 70 to 80 percent, or 85. Over 134 units are

7 at 60 percent of AMI and 11 are at 50 percent of

8 AMI, and 38 are at 80 percent of AMI. So again,

9 the bulk are well below what the regulations were

10 at that point in time.

11 So with that I will jump into my

12 presentation.

13 So this plan was formulated over eight

14 years. I know you've heard some of this

15 testimony but I think it is important to note

16 that we have worked with a number of groups the

17 Mayor's Agent being just one of them to get to

18 this point in time.

19 And I actually want to recognize I see

20 in the audience here the ANC that is here today.

21 And I recognize the ANC because I think it's fair

22 to say that there are many, many folks throughout


255

1 the community and the city who are anxious to see

2 this project move forward and the ANC is clearly

3 one.

4 As Mr. Weers noted we executed a very

5 fulsome community benefits agreement and it's

6 unfortunate we haven't been able to implement

7 that as of yet.

8 So I'll guess start with sort of our

9 approach to preservation and this notion of is

10 this project consistent with the act.

11 And I know that wasn't something we

12 talked about last time we were in front of you.

13 To summarize our case I think it would

14 be that virtually everything above grade,

15 everything that folks can see although they can't

16 experience today is in fact being preserved.

17 So when we talk about the regulator

18 houses and the silos, all 20 of them, and the

19 sand washers and the plinth and all of those

20 important elements that while they haven't been

21 experienced by the public they have been seen by

22 the public. We are preserving and enhancing all


256

1 of those.

2 And so I think it's always been our

3 thought, always been Carolyn's thought, always

4 been Emily Eig's thought that this project was in

5 fact consistent with the act because it's

6 enhancing the asset.

7 And in fact, given the condition of

8 the cells and the site today it's a significant

9 improvement in terms of enhancing and celebrating

10 the historic asset.

11 With regard to special merit I know

12 you've seen a lot of this before but I will note

13 that it's one thing for us and our architects and

14 our preservationists to make the case that we are

15 an exemplary architecture for example.

16 I want to note for the record that

17 over a two to three year process we appeared

18 before the HPRB numerous times and I think it's

19 important to note that there are experts in the

20 District of Columbia that opine on whether or not

21 the architecture is excellent or exemplary.

22 And we went through a process where as


257

1 Ms. Eig said several times as we appeared before

2 them their view was that the architecture was not

3 cohesive and that the plan did not highlight the

4 best attributes of the landmark.

5 However, by coming up with this

6 architecture and I know Mr. Bell talked about it,

7 but even this notion of sort of the life and the

8 combined architecture, the idea was to almost

9 make the buildings a backdrop for the landmark

10 and through that two plus year process we got to

11 the point where I think HPRB was not only

12 supportive but strongly supportive of this

13 refined architecture and plan that they felt

14 really did at the end of the day celebrate the

15 landmark.

16 And so I just think it's important as

17 we go through these proceedings to also recognize

18 some of the experts in the District of Columbia

19 and their view.

20 DR. BYRNE: Yes. So I wanted to just

21 note. I have not seen transcripts of the HPRB

22 meetings post the prior decisions when I assume


258

1 that they have been going back and reviewing the

2 architectural program.

3 And it might be quite useful to the

4 extent to which you are making a stronger pitch

5 for exemplary architecture it would be helpful

6 perhaps to see them.

7 MS. BROWN: I think there's been only

8 one proceeding since the 2014 hearings and that

9 was just to get some -- I don't want to say

10 tweaks, but some minor adjustments to the concept

11 plan. I'm happy to provide them.

12 DR. BYRNE: Yes, I should see that.

13 But I do remember the last HPRB hearing that I

14 read the last time did talk about how much they

15 thought that the cohesion of the plan had

16 improved. But I just want to make sure I'm

17 seeing everything there is to see. Excuse me.

18 MR. THAKKAR: With regard to the

19 specific features of land planning I won't

20 reiterate all of them, but I will highlight some

21 of them.

22 You had asked about LEED silver and


259

1 environmental benefits. So we happened to work

2 with the district on several public-private

3 partnerships. It is our understanding that has

4 been corroborated by the city through our

5 documents that LEED silver or something similar

6 is not a requirement of city projects.

7 And so when the question was is this

8 something you had to do because it was a city

9 project or a requirement of the Zoning Commission

10 it was something that was proffered to go above

11 and beyond what was asked.

12 And the project will be certified.

13 Sometimes development projects will be built to

14 certain standards whereas per the code in our

15 case the LEED silver minimum. The project will

16 be certified to that effect.

17 In terms of special merit I think

18 where I'll spend most of my time is on the social

19 or other benefits of high priority.

20 Mr. Bell and Ms. Eig and Mr. Weers all

21 covered a number of attributes of exemplary

22 architecture and land planning, and I think Mr.


260

1 Weers covered some of our social and other

2 benefit.

3 But I'll start with, I just wanted to

4 reiterate for the record why we think the project

5 has social and other benefits of high priority.

6 So I'll start with the affordable

7 housing requirement. As you heard me say the 20

8 percent is actually more than double what the law

9 was at the time.

10 And I pause to say that even the types

11 of housing was a very long and deep discussion

12 with the community about what types of housing

13 they wanted on this site.

14 As you may know there are a number of

15 seniors who live around the community. So this

16 idea of aging in place or having housing to move

17 to when this project is done is something that

18 was very important to that community.

19 So the housing, a good portion of it

20 is affordable senior housing. That came from the

21 community and through discussions and therefore I

22 would say has social benefit clearly for that


261

1 community as evidenced by ANC support of that

2 particular component of the project and overall.

3 I'll also note that the rowhome

4 component of the project has affordable housing

5 for families. And that was another part of the

6 discussion.

7 So much of the housing in the District

8 of Columbia today market rate and otherwise is

9 multifamily housing which is not necessarily fit

10 for families or larger families. Twenty-two of

11 the 146 rowhomes will be affordable at various

12 affordable levels, 80 percent and 50 percent of

13 AMI.

14 And that too was a discussion with the

15 community and a response to community desires for

16 atypical affordable housing that might not be

17 provided in other areas.

18 We've talked about the grocery store

19 and the retail stores, but from day one this

20 notion of a grocery store to provide food and

21 groceries in what is a food desert in the city

22 was something that was a high priority.


262

1 And as Mr. Weers said it has been

2 challenging given the fits and starts with this

3 project to maintain interest, but as I think you

4 are aware we have Harris Teeter onboard and ready

5 to be a part of this project as soon as we can

6 make it happen.

7 The community center and community

8 pool. I know that the court, my understanding

9 was that the court said that the 6.2 acre park I

10 guess couldn't be considered a special merit

11 benefit because it was a preservation benefit.

12 We are arguing that while we may not

13 agree with that decision there are a number of

14 components on the actual park which are not part

15 of preservation at all that in fact are strong

16 benefits and have special merit.

17 The first one being the community

18 center and community pool. Ms. Eig described how

19 we believe that that part of the project is

20 exemplary architecture in the way it integrates

21 itself with the cells, but as important I'm going

22 to keep coming back to what did the community


263

1 want throughout this eight-year process, and a

2 community center and a pool that was open to the

3 public, not just to the residents of the project,

4 was again probably one of the top five things we

5 heard.

6 And through working with the council

7 member through the area, through working with the

8 ANC, the Mayor, the City Council, funds were

9 allocated for that community center and pool and

10 the district is working on that as we speak.

11 So apart from the park, the community

12 center and pool we believe that's special merit.

13 The playground is another component

14 again not just of an open field or a park, but an

15 active playground with equipment for adults, with

16 equipment for children all with an amphitheater,

17 with a walking museum, again are all components

18 of that southern component of the project which

19 has special merit.

20 And I'll come back to this, but the

21 way that all of these in our opinion and as a

22 project developer I can say that components like


264

1 that are very rare for private projects because

2 they're extraordinarily expensive and don't bring

3 back any revenue.

4 They're open to the public, largely

5 free to the public or at a very low cost to the

6 public.

7 The way this whole project is

8 happening and something again I can provide some

9 more detail on is the district is selling the

10 development team some land, and the City Council

11 have allocated other monies.

12 Those monies come together to provide

13 the historic preservation and the public benefits

14 of the site.

15 And why this is such a delicate

16 balance is after eight years the City Council has

17 approved a certain amount of money and that is

18 fundable and it is fixed.

19 And the development team has agreed on

20 a certain amount of money and we have carefully

21 budgeted all of this to make sure that the public

22 benefits that we have proffered can be delivered.


265

1 I just want to note that all these

2 benefits come from that place and so when you

3 talk about reasonable options, and I'll get to

4 some of the options we've looked at, I think

5 reasonability can take into consideration cost,

6 and there is a cost to all these benefits, and

7 the way that the district and the private

8 developer structured the deal is to ensure that

9 we can provide those benefits.

10 If one were to reduce development and

11 enhance preservation costs that balance would be

12 thrown off and we wouldn't have a way to provide

13 all the benefits that we have proffered to you

14 and to the Zoning Commission and to others.

15 But I digress. Coming back to special

16 merit.

17 With regard to the healthcare

18 component Mr. Weers did talk at length about

19 this.

20 I will also note that again one of the

21 community's chief concerns in a project which is

22 not downtown oriented, and I do think this makes


266

1 our project different from a typical downtown law

2 firm and such.

3 The community said look, you're going

4 to be creating all these jobs. There has to be a

5 way in a ward that has somewhere close to double

6 or more of an unemployment rate than the rest of

7 the city, there has to be a way to connect

8 community residents to these great new jobs that

9 are being provided.

10 And clearly there will be jobs across

11 the economic spectrum. We've provided many in

12 fact could be obtained without college degrees.

13 So this notion of a significant fund, $1 million

14 to fund job training so folks in the community

15 can work in these very buildings we think is

16 something unique and isn't offered in other

17 typical office type of projects.

18 As Mr. Weers testified in total our

19 community benefits funds roughly about $3.25

20 million go to a variety of different uses, but

21 all of them are either spent onsite with regard

22 to training folks to take jobs, or in the


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1 immediate surrounding community in order to sort

2 of unify that community and make sure they can

3 interact well with McMillan.

4 And I'll just quickly walk through

5 those. Mr. Weers talked about the $1 million

6 workforce development fund. There's $125,000 for

7 STEM education at district schools in the

8 surrounding area. We actually targeted with the

9 ANC five schools that needed a boost with regard

10 to STEM and earmarked those dollars.

11 Five hundred thousand to hire district

12 youth and elderly to provide tours of McMillan.

13 So we even got to the point where it wasn't --

14 but youth in the community and elderly folks in

15 the community to learn about McMillan and

16 actually give tours as part of the walking museum

17 is part of this project.

18 Seven hundred fifty thousand dollars

19 to create community art installations and

20 activate the service courts.

21 Five hundred thousand dollars to civic

22 groups for local and neighborhood beautification,


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1 and $150,000 to North Capitol Main Streets.

2 And again as a developer that has

3 worked on numerous projects in the city and

4 around the city I'm not aware of any project that

5 has even close to this level of onsite community

6 benefit which we've walked through today, whether

7 it be the healthcare buildings, or the affordable

8 housing, or the parks and the community center,

9 or this level of community benefits.

10 And again, I make the point that that

11 was negotiated and voted on with the ANC

12 supported by the City Council in the community.

13 And so when you come back to this

14 definition of special merit and one of the prongs

15 being social or other benefits of high priority I

16 guess I find it hard to find higher priorities

17 than those that the ANC and the council member of

18 the particular area Ward 5 wanted for their

19 project.

20 And we were able to shake hands and

21 deliver on those benefits so desired by the

22 community.


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1 Another point I want to put on the

2 record. I know Ms. Eig did this, but from the

3 development team standpoint to the extent that

4 there was a lack of clarity on our preservation

5 of cells 14 and 28 we are proposing to preserve

6 them.

7 The court wanted us to clarify that

8 and I'm clarifying that as well.

9 With regard to the cells. So you

10 heard from Silman with regard to their analysis

11 of cell preservation and I believe the last time

12 I was before the Mayor's Agent I layered on sort

13 of the developer hat point of view with regard to

14 what you can do with these cells.

15 As we all know they are unreinforced

16 concrete. And while Silman does a great job of

17 walking us through the structural issues that is

18 only one of what I'd call probably five or six

19 key issues that in our opinion makes certainly

20 the overbuild and the interior use.

21 So the bottom two of the options

22 largely infeasible. So I'll start with topside


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1 loading. As Mr. Ruiz said we are proposing to do

2 something to that extent on cell 14.

3 If you look at the interior use, and

4 I'm not the only developer in town, but the

5 amount of stabilization required and still the

6 uncertainty with being under those cells given

7 the lack of reinforced concrete, we would find it

8 very difficult. We talked to insurance

9 companies. They'd find it very difficult to

10 really make the cells while keeping their

11 structural integrity and historical integrity

12 make the minimum occupiable below grade.

13 The overbuild scenario is something we

14 looked at rather extensively. And as you can see

15 we've got to put these columns into the ground

16 just to create additional support.

17 The other thing that this doesn't take

18 into account is things like utilities. And so

19 how do you get water, and sewer, and gas, and

20 electric. And those would come through

21 essentially under the buildings and punching out

22 through the foundation.


271

1 And this also doesn't talk about just

2 the simple I guess I'll call it geography as you

3 see this next slide of running streets.

4 So we've got three streets through the

5 middle third of the site. Those streets we could

6 have here in different places. Actually HPRB

7 suggested that we have this sort of tripartite

8 organization such that all the blocks have sort

9 of cell-like characteristics.

10 But even to run those streets we have

11 found no way to be able to actually dig and lay

12 streets again over these cells.

13 So if you look at things like land

14 development, if you look at things like building

15 streets, if you look at laying utilities, if you

16 look at what I'll call non-structural issues they

17 make the -- any real use of these cells or any

18 building on top of these cells infeasible, not to

19 even get into the amount of destruction of the

20 historic integrity you have to do to make one of

21 these work.

22 It was one of the first things when we


272

1 got involved in this project that we were asked

2 to do and we took a lot of time and consideration

3 to evaluate that option.

4 So I'll next move to demolition and

5 subdivision we believe are necessary to obtain

6 special merit benefits. So we are requesting

7 demolition of the 16 cells as we did before.

8 With regard to subdivision our view is

9 that we are reducing the number of record lots

10 from 122 to 6. And the subdivision as Ms. Eig

11 testified is simply to implement this plan.

12 But I would note that any plan that we

13 might put forward that would have a series of

14 different buildings and the comprehensive plan

15 clearly says a mix of uses, what makes more

16 sense.

17 Any plan would have to have what I

18 would call very similar subdivision having worked

19 on many very similar projects. Regardless of how

20 this site was configured I think we've got six

21 record lots.

22 I can't see a situation where anything


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1 particularly less than that would be necessary to

2 implement a large master planned project.

3 As I said demolition must occur

4 because any significant use, be it healthcare,

5 housing, retail, parking, community center, pool,

6 playground, streets, utilities, infrastructure,

7 really can't occur with the cells in place.

8 And if the cells are in place then

9 those special merit benefits that we are

10 suggesting on top of those cells wouldn't be in

11 place.

12 So it is one of the other. I'll point

13 to D.C. Water. I'm sure that D.C. Water was well

14 aware that these cells had historic merit. And

15 I'm sure they looked at initially how they might

16 be able to work with or around them and their

17 conclusion was that although they're doing work

18 while below the ground I think their need if I

19 understand it correctly is to get a big tunnel

20 into the ground well below those cells.

21 They couldn't save those cells and

22 realistically do the day to day work they needed


274

1 to do to put infrastructure into the ground. I

2 think that's an important view because it's the

3 one group that has looked at these cells to date.

4 And I think they also found it harder

5 than they expected to even demolish certain cells

6 without other cells coming down because of the

7 unreinforced nature of the concrete as evidenced

8 by some of the pictures Ms. Eig showed us.

9 So, what I'd say is consistent with

10 Mr. Bell. Less demolition equals less special

11 merit and less community benefit in our view.

12 And less demolition as I spoke to

13 earlier also equals a lack of economic

14 feasibility.

15 And I go back there to my earlier

16 point that there is a good amount of public

17 funding going into this project.

18 It would be one thing if it were a

19 private project and we were coming before you.

20 Even under that circumstance we might say look

21 this amount of funds is reasonable to build a

22 project in the city and we can spend that amount


275

1 of money.

2 In this case there's a significant

3 amount of public money going into the

4 preservation of the service courts and the parks

5 and community centers along with private dollars,

6 and any additional preservation I will call it

7 would make it very difficult to impossible as I

8 see it to allow the project to move forward.

9 With regard to alternatives, you know,

10 are there reasonable alternatives that achieve

11 the same special merit. So as Mr. Bell testified

12 we have reviewed not just -- I think Mr. Bell may

13 have reviewed six or seven or so alternatives.

14 I can say, and I'm sure many community

15 members would concur with me, there have probably

16 been dozens more that we have shared with the

17 community and with HPRB, and maybe hundreds more

18 that we've worked on that we haven't presented

19 because they didn't provide that balance between

20 preservation and open space and development that

21 the community was looking for.

22 DR. BYRNE: Just to clarify, you're


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1 saying that you shared dozens of different

2 proposals with community groups.

3 MR. THAKKAR: Yes, I am saying that.

4 Throughout I'll call it the 8-year -- well, it's

5 2017, so actually 10-year history of me working

6 on this project there are many more iterations of

7 McMillan than simply the ones Mr. Bell have shown

8 the community.

9 I will say that all of those in our

10 minds were consistent with comprehensive plan and

11 showed a general mix of uses and open space and

12 preservation.

13 So for example, no, we didn't show one

14 that was all park. They were all various

15 development proposals because that's what we've

16 been asked to do and that's what the district

17 bought the land for.

18 So to this notion of could we preserve

19 any more cells, saving any additional cell or

20 part of the cell would increase cost. I don't

21 think there's any dispute with that notion.

22 And with no additional revenue coming


277

1 from that preservation we find it hard to say

2 that a plan with no preservation would be a

3 reasonable one given that there is this public-

4 private structure in place, and that the City

5 Council has both committed money to the project

6 and reviewed this project many, many times as

7 well and sort of concluded that in its opinion

8 this project matches the district priorities and

9 that it would contribute some of the money that

10 it has committed to making that happen.

11 So in conclusion we can sort of

12 literally go around the board and look at any of

13 these cells.

14 Let's say we were to say Mr. Weers

15 talked about saving cell 13. Let's say we saved

16 cell 20, for example.

17 So one might say it's only got 30 or

18 so rowhomes on it. So you'll lose some amount of

19 affordable housing and some grade housing. And

20 so I talked about family housing and that's part

21 of our family housing program.

22 But the impact to that is far more


278

1 than just losing that housing. It's losing the

2 revenue that the developer would pay to the city

3 which allows the city to put forth such a

4 comprehensive public benefit and preservation

5 program.

6 So it's not just loss of development

7 program, it is also an inability to pull the

8 overall sources and uses together to make the

9 project work.

10 If you look even at a cell like 29 for

11 example that has the same impact in terms of it

12 costing a lot more to preserve and build a park

13 than just to build the park.

14 But you have this issue of not being

15 able to enter the site from North Capitol Street

16 because of the plinth and how the current site

17 interacts with North Capitol Street.

18 If you look at cells 18 and 19 that's

19 where the grocery store. And sure, you can

20 potentially move the grocery store but again

21 there's affordable housing on top of that grocery

22 use.


279

1 So our point is that we're making the

2 case that there's significant special merit here,

3 and that each component of this project

4 individual of the others has special merit and

5 we'd argue that the combination together is that

6 much more unique.

7 But having less demolition anywhere on

8 the site does two distinct things. It reduces

9 our special merit which we don't want to do and

10 don't think is appropriate given the strength of

11 the preservation program as it is today.

12 But it also creates a huge imbalance

13 with regard to the economics of the project.

14 And with that I will conclude my

15 testimony. I appreciate your time and look

16 forward to answering any questions. Thank you.

17 DR. BYRNE: Thank you. Appreciate it.

18 MS. BROWN: I don't think I have any

19 additional direct questions for the witness, and

20 I do have answers for you on the qualifications.

21 What I will hand out to the parties

22 behind me and to you -- what I just handed out


280

1 was the memorandum that Mr. Shane Dettman

2 received from NCPC counsel on the conflicts of

3 interest regarding post government employment.

4 You also were handed out a copy of the

5 18 USC Section 207. And you were also handed a

6 copy of the Committee for Washington Riverfront

7 Parks case.

8 And I would direct your attention to

9 two specific provisions.

10 First, in the NCPC memo there is an

11 attachment dated February 7, 2000. If you turn

12 to page 3 of that attachment Section B there's

13 the numeral 1. Then you have a paragraph labeled

14 discussion.

15 And then the next one that starts,

16 "The restriction does not apply."

17 So, I'm going to read that paragraph.

18 The restriction does not apply unless a former

19 employee communicates to or makes an appearance

20 before the United States on behalf of some other

21 person.

22 For these purposes the United States


281

1 refers to an employee of any department, agency,

2 court, or court martial of the United States

3 paren, and this is the important part, but not of

4 the District of Columbia.

5 And then if you turn to 18 USC and

6 it's the second page of the handout provision 3

7 clarification of restrictions the first

8 subparagraph A talks about conflicts or

9 restrictions between U.S. government employees

10 and U.S. agencies. And B talks about district to

11 district.

12 So those are the conflicts. And

13 because NCPC is federal there is a federal bar,

14 but not federal to district.

15 DR. BYRNE: May I suggest that we take

16 a five-minute recess. I can read and Ms. Ferster

17 can think about what she wants to say. And then

18 we can proceed. So five minutes.

19 (Whereupon, the above-entitled matter

20 went off the record at 3:20 p.m. and resumed at

21 3:29 p.m.)

22 DR. BYRNE: Okay, let's take this


282

1 issue up.

2 The statute on its face seems to

3 clearly allow this testimony to go forward. And

4 I'm particularly looking at Section 207(a)(3)

5 which appears to be a later amendment to Section

6 1 to say that we're only talking about federal

7 officials in federal proceedings and district

8 officials in district proceedings.

9 I have -- and that's the view

10 obviously taken by the counsel for NCPC in

11 writing the memo here.

12 However, I do have -- so I do have a

13 concern though because in the D.C. Court of

14 Appeals decision cited by Ms. Ferster in 1982 the

15 court plainly views the statute as applying to a

16 former Department of Interior employee testifying

17 in a D.C. proceeding.

18 Now, it may well be that that decision

19 in 1982 came before the Section C was added. And

20 I don't have enough information though to

21 determine that.

22 MS. BROWN: We're verifying that now,


283

1 but I note that the court case is citing a 1978

2 provision, and this obviously is a much later

3 provision.

4 And it's a clarification section so

5 that even if the section cited in the case law

6 are verbatim the same in this clarification later

7 I think that that takes care of it.

8 DR. BYRNE: It does. My concern would

9 be if the clarification existed before I would

10 feel bound by the court of appeals.

11 I mean, they don't discuss the

12 provision.

13 Here's what I think. Why don't we do

14 this. Why don't we allow Mr. Dettman to testify

15 leaving open the possibility that the parties can

16 clarify their positions on the law about the

17 permissibility of the testifying.

18 And if it turns out -- if the argument

19 is made to me in a way that I accept I'll strike

20 his testimony and proceed without it.

21 Is that agreeable?

22 MS. BROWN: Yes. If I could have just


284

1 a few more seconds of time in the meantime. I

2 don't know if it's appropriate now to even try to

3 go through the applicant's hearing exhibits just

4 to make sure that we have all the ones that are

5 supposed to be in the record, or if you want us

6 to wait that's fine.

7 DR. BYRNE: Based on the book you

8 gave.

9 MS. BROWN: On what we've submitted

10 during the hearing today. And what we've

11 submitted so far.

12 And I would designate them applicant's

13 hearing exhibits. And the first is the list of

14 special merit features. The second is the Chris

15 Ruiz resume. The third is the book of slides.

16 Fourth is Mr. Len Bogorad's testimony.

17 Fifth is Mr. Dettman's resume. The sixth is the

18 NCPC memo. The seventh is the case law. And

19 eighth is the statute.

20 So I read that into the record and

21 whoever's monitoring this can perhaps help.

22 DR. BYRNE: Okay, well that goes into


285

1 what the court reporter is taking down.

2 MS. BROWN: Yes, right.

3 DR. BYRNE: So, that's fine. Also, I

4 want to note that Ms. Ferster requested that my

5 contract with the Office of Planning go in and

6 that will go in as well as Opponent's Exhibit 8.

7 MS. BROWN: And you also requested Mr.

8 Bell to provide the literature I believe on --

9 citations.

10 MS. FERSTER: You mentioned I think

11 Mr. Thakkar also said he would subsequently

12 provide the calculations for the gross square

13 feet of affordable housing.


15 MS. BROWN: Okay, Mr. Dettman, do you

16 want to proceed?

17 DR. BYRNE: We'll proceed with Mr.

18 Dettman.

19 MR. DETTMAN: Good afternoon again. My

20 testimony today will focus primarily on issues

21 three and four as identified in the Mayor's Agent

22 order.


286

1 In response to the direction given by

2 the court the crux of my presentation will focus

3 on demonstrating how the special merit features

4 in the McMillan project directly and

5 significantly advance the policies of the

6 comprehensive plan and why those policies support

7 a conclusion of special merit.

8 It's important to note that consistent

9 with the court's order my testimony will not aim

10 to demonstrate overall consistency of the

11 McMillan project with the comprehensive plan.

12 As you know, overall consistency with

13 the comprehensive plan is a legal standard used

14 by the Zoning Commission as it prepares, adopts

15 and amends the zoning regulations and reviews

16 requests for planned unit development.

17 And as stated by the court it's not

18 something that necessarily demonstrates that a

19 project has special merit.

20 However, this does not mean the

21 comprehensive plan is without a role in

22 determining whether a project has special merit.


287

1 Quite the contrary. As the court has

2 stated specific provisions in the comprehensive

3 plan can play a key role in the special merit

4 inquiry and quoting an article and title of the

5 special merit provision for demolition and

6 alteration of historic properties under the

7 District of Columbia Historic Preservation Act,

8 quote, "The more an applicant can tie elements of

9 the proposed project to specific preferred land

10 uses set out in the comprehensive plan the more

11 likely it is that the Mayor's Agent will approve

12 the project under this element of special merit."

13 I think in order to better understand

14 that quote and how the McMillan project aligns

15 with the comprehensive plan and informs special

16 merit inquiry, it's important to briefly describe

17 the role of the comprehensive plan and the role

18 that it plays in guiding public policy decisions

19 in physical development in the district.

20 As you can see on the slide before you

21 the comprehensive plan is described as the

22 centerpiece of a family of plans that guide


288

1 public policy in the district.

2 It provides overall direction and

3 shapes all physical plans that the district

4 government adopts. In fact, it should be the

5 basis for all plans relating to the city's

6 physical development.

7 It's the guide for all district

8 planning, establishes the priorities and key

9 actions that other plans address in greater

10 detail, and provides broad direction that is

11 implemented through agency's strategic and long-

12 range plans such as the district's economic

13 development strategy, a comprehensive housing

14 strategy, the district's parks and recreation

15 master plan, and the sustainable D.C. plan.

16 Thus the greater the degree to which

17 a project directly advances the policies of the

18 comprehensive plan the more significant its

19 positive impact is on the district's ability to

20 achieve its planning and development goals for

21 the city and thus the greater benefit it has to

22 the district and the community.


289

1 So beginning with the land use

2 element, the element that integrates the policies

3 and objectives of all other comprehensive plan

4 elements both citywide and area.

5 Listed before you on the slide are the

6 land use only policies that are directly advanced

7 by the project.

8 In general these policies acknowledge

9 the great potential that large publicly owned

10 sites have for addressing the district's needs.

11 These policies also recognize the

12 significant opportunity large development sites

13 present for implementation of sustainable design

14 principles and the creation of preferred land

15 uses such as affordable housing, parks,

16 healthcare facilities, retail, and other

17 community facilities.

18 They promote mixed use development on

19 large sites that's comparable with adjacent uses

20 integrated with and provides benefits to the

21 surrounding neighborhoods, and protects existing

22 assets on the site.


290

1 Some of the specific special merit

2 features of the project that directly advance

3 these policies include a cohesive and integrated

4 master plan and integrated and unified building

5 design including the establishment of design

6 guidelines.

7 The activation, adaptive reuse, and

8 the public accessibility to historic structures.

9 The substantial amount of new housing including

10 132 new affordable housing units which will

11 comprise a range of sizes including larger family

12 sized townhomes and be converted to a range of

13 income levels.

14 A substantial amount of new parks and

15 recreation space including a new community

16 center. A full-service grocery store and

17 numerous other retailers.

18 Numerous and stable design features

19 with the master plan being designed to LEED ND

20 gold. And a $650,000 contribution to

21 neighborhood beautification.

22 Moving to the transportation element.


291

1 Listed before you are a few of the transportation

2 element policies that are directly advanced by

3 the project.

4 Some of the special merit features of

5 the project that directly advance these

6 transportation policies include a robust private

7 shuttle system to increase access to Metro, new

8 Capital Bikeshare stations, improved circulation

9 through a new internal street grid, and new

10 traffic lights and several other improvements to

11 the surrounding transportation network.

12 Housing elements. As you can see on

13 the policies listed on the slide the project will

14 advance numerous housing element policies and by

15 virtue of that will greatly assist the district

16 in achieving its housing and affordable housing

17 goals as set forth in the district's

18 comprehensive housing strategy.

19 These policies generally promote new

20 housing integrated with mixed uses. High-quality

21 affordable housing. Maximizing the potential to

22 address the district's housing needs on large


292

1 sites, especially large publicly owned sites.

2 Providing a range of unit and tenure

3 types at varying income levels. Ensuring long-

4 term affordability and providing a variety of

5 housing types for seniors in locations that are

6 convenient and close to key services.

7 The project overwhelmingly delivers on

8 these policies through special merit features

9 such as 677 units of new housing of which 132

10 will be affordable for the life of the project

11 and which will consist of both rental and owned.

12 New low-income senior housing that's

13 also located in close proximity to key services

14 such as transportation, healthcare, retail, and

15 community recreation facilities.

16 Larger sized market rate and

17 affordable townhomes that can accommodate

18 families. Integration of housing with a wide

19 range of other supporting uses and significant

20 contributions toward implementation of workforce

21 development and education programs.

22 The environmental protection policy --


293

1 the environmental protection element I should

2 say.

3 Specifically, the special merit

4 features of the project that will directly

5 advance policies in the environmental protection

6 element include the master plan being designed to

7 LEED ND gold or equivalent.

8 Significant low-impact development

9 strategies including one-third acre bioretention,

10 one-third of an acre of greenland, 1.3 acres of

11 permeable paving, and over 700 new trees.

12 Currently the site has very poor

13 stormwater retention and treatment capacity.

14 These strategies will significantly improve

15 stormwater management which will result in

16 substantially less runoff flowing into the

17 district's combined sewer system which helps

18 protect the watershed.

19 Economic development. Like the

20 housing element as you can see the project will

21 directly advance a substantial number of

22 comprehensive plan policies, especially as it


294

1 relates to preferred land uses such as

2 healthcare, retail and grocery stores.

3 The economic development policies that

4 are advanced by the special merit features of the

5 project promote, support an expansion of the

6 district's core industries of which healthcare is

7 one of them, maximizing the economic development

8 potential of large sites, specifically publicly

9 owned sites.

10 Expanding the retail sector,

11 particularly in underserved areas, and increasing

12 job training and local hiring.

13 Special merit features of the project

14 that link directly to these policies include the

15 proposed healthcare facilities and the creation

16 of a medical hub, which is part of the district's

17 economic strategy.

18 A full-service grocery store and

19 substantial amount of additional retailers.

20 Significant tax revenue generated by the project,

21 over $1 billion. Thousands of permanent and

22 construction-related jobs that will be created


295

1 with a high percentage of these jobs filled by

2 district residents.

3 The extensive job training

4 opportunities and substantial contributions to

5 workforce development programs, and millions of

6 dollars in other community benefit contributions

7 that will be put towards storefront support and

8 small business promotion.

9 Turning to the comp plan's park,

10 recreation and open space element. The project

11 will directly advance many of the policies

12 contained in this element for the approximately

13 12 acres of new parks and recreation facilities

14 that will be provided.

15 These policies call for providing a

16 diverse range of high-quality parks and

17 recreational experiences, achieving a better

18 distribution of parks, providing new parks on

19 large sites and surplus land and improving

20 recreation centers.

21 Some of the special merit features of

22 the project that relate directly to these


296

1 policies include a new open space system

2 consisting of several parks of various sizes and

3 programs, including a large continuous park at

4 the south and the reconstruction of Olmstead

5 Walk.

6 A new community center containing a

7 pool, multipurpose meeting space, a fitness

8 studio and outdoor gathering spaces, the

9 playground, the sprayground, and a $750,000

10 contribution to the project association to

11 program and activate these new spaces and

12 facilities.

13 Moving on to urban design. The

14 policies that will be directly advanced by the

15 project in the design have to do with viewshed

16 protection, city gateways, integrating the

17 project into the neighborhood character and

18 identity, transitions in building intensity,

19 creating attractive facades, infill development,

20 and the list goes on and on.

21 The special merit features of the

22 project that will directly link to the urban


297

1 design element policies that are listed before

2 you include the cohesive master plan and

3 integrated building design.

4 The unified pallette of materials

5 that's inspired by the landmark and the

6 implementation of design guidelines. The

7 retention of views and the spatial organization

8 of the site.

9 The distribution of land uses and

10 building forms on the site in relation to the

11 surrounding context.

12 The integration of the site and of the

13 surrounding context in a way that also

14 acknowledges the original subdivision of the site

15 and the organization of the landmark.

16 The quantity and quality of the parks

17 and other public gathering spaces that will be

18 provided including the recreation of Olmstead

19 Walk.

20 Moving on to historic preservation and

21 the arts and culture elements. The policies here

22 talk about preservation master plans, integrating


298

1 the historic review process into the development

2 of master plans for large sites.

3 Integrating large sites into the

4 surrounding context in a way that's compatible

5 not only with the surrounding context but also

6 any kind of historic assets.

7 For the arts and culture element it

8 talks about emphasizing important places with art

9 and using art to create identity.

10 We've talked today about some of the

11 special merit features that talk about art, and

12 that talk about historic preservation including

13 the public art program that will be established

14 onsite.

15 The programming that will be onsite

16 carried out by the project association that will

17 be created.

18 The walking museum. And for the first

19 time the actual interpretation and the

20 opportunity to explore the site and learn the

21 history of the site and how it relates to the

22 district and the history of the surrounding


299

1 neighborhood.

2 The preservation, rehabilitation and

3 adaptive reuse of historic structures and the

4 cohesive master plan using a pallette inspired by

5 the landmark.

6 Community services and facilities.

7 Educational facilities and infrastructure

8 elements.

9 These policies talk about the adequacy

10 of facilities, retention of publicly owned land

11 for important uses. The location of facilities.

12 The location of healthcare facilities. And the

13 need to improve stormwater management.

14 Special merit features specific to the

15 project that will advance these policies include

16 the addition of 12 acres of new open space to the

17 mid city area, a new community center,

18 substantial upgrades in stormwater management,

19 the healthcare facility which Mr. Weers testified

20 will help address the district's outdated medical

21 facilities and the deficiencies in healthcare

22 facilities per person.


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1 A $500,000 contribution to hire high

2 school students and seniors to help interpret and

3 provide tours of the McMillan site, and a

4 $125,000 contribution to be dedicated towards

5 STEM teacher development and training.

6 The last element, the mid-city element

7 which is the area element that's specific to this

8 site.

9 The policies in the mid-city element

10 including those that are specific to McMillan and

11 that will be directly advanced by this project

12 are listed here. It has to do with protection of

13 affordable housing, providing new parks,

14 recreation centers, looking at the open space on

15 McMillan reservoir as part of the redevelopment

16 scheme, historic preservation of the McMillan

17 reservoir as part of the redevelopment scheme.

18 In terms of the special merit features

19 specific to this project that will be directly

20 advanced by this project is the 20 percent of new

21 affordable units which will help not just protect

22 but also provide brand new affordable housing in


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1 this area of the city, providing up to 12 acres,

2 almost half of the site to new parks, plazas and

3 open space.

4 The new recreation center directly

5 advancing the recreation center policy.

6 Restoration of key above grade

7 structures including the preservation of cell 14

8 and cell 28 and the interpretation of the site

9 and its cultural significance to the neighborhood

10 and the district.

11 Just to summarize the discussion about

12 the comprehensive plan the special merit features

13 of the project will directly advance over 100

14 policies and actions in all 13 citywide elements

15 and the mid-city element.

16 You've heard today from numerous

17 people about how this site presents an

18 opportunity unlike no other in the city and I

19 can't think of another body that's capable of

20 advancing the number of -- directly advancing the

21 number of policies that this project does in the

22 comprehensive plan across all applicable


302

1 elements.

2 The degree to which the comprehensive

3 plan policies are advanced demonstrates the

4 significant range of benefits provided by the

5 project by virtue of exemplary architecture,

6 specific land planning, and social and other

7 benefits having a high priority of community

8 services.

9 Moving briefly to the subdivision. My

10 understanding based on my review of the record

11 and the transcripts there was an overview of the

12 types of lots that are acknowledged and used with

13 respect to land regulation in the district.

14 First there's record lots. And as you

15 learned during the last proceeding under zoning a

16 record lot is required for purposes of being able

17 to get a building permit.

18 And what the zoning regulations say

19 and it's cited here in relevant part is that

20 essentially the rule is it's one building for one

21 record lot. And in certain situations and in

22 certain conditions you can have multiple


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1 buildings on a record lot and then it's further

2 regulated through the use of theoretical lots.

3 The image you're looking at here, it's

4 been shown a little bit earlier, this is the

5 subdivision that currently exists on the site.

6 It predates the construction of the sand

7 filtration plant and it consists of about 122

8 record lots.

9 As you can see on this overlay we

10 cannot build this project of special merit with

11 the existing record lots as they exist on the

12 site today. So we need some degree of

13 subdivision.

14 And I'll say that the extent of

15 subdivision that's being proposed has been

16 minimized and through the use of theoretical lots

17 on parcels 2 and parcels 5.

18 Also, the thought occurred to me as

19 Mr. Bell was moving through the alternatives that

20 were presented.

21 The thought occurred to me that by

22 virtue of the evolution of the plan and the


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1 reduction in the amount of coverage and the

2 increase in the amount of open space provided,

3 that in and of itself, the evolution of the

4 master plan actually reduced and minimized the

5 extent of subdivision that's required.

6 DR. BYRNE: I had a thought about

7 subdivision. And I'd like to see what you think

8 of it. Ms. Brown to you as well and Ms. Ferster

9 will want to comment on this at some point.

10 So if it's correct legally that the

11 current subdivision are the record lots from 1898

12 then they are not part of the historic element

13 that's protected by the combination.

14 So that if you are subdividing the lot

15 from a subdivision that is not historic, is not

16 related to the historic interests of the site

17 that the act doesn't even apply.

18 That's sort of -- you don't have to --

19 the lawyers can think about it. I just wonder

20 what your reaction to that is.

21 MR. DETTMAN: If I understand the

22 question.


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1 DR. BYRNE: This may be a lawyers

2 question really.

3 In other words, the nomination of the

4 site has to do with it as it exists as the sand

5 filtration site. The subdivision that exists as

6 a matter of D.C. law actually has nothing to do

7 with the way the sand filtration site appears.

8 They're not related to each other.

9 So if we're subdividing what we're

10 doing, we're making fewer lots out of many lots

11 and it's not in that way.

12 I'm just wondering whether it's

13 actually part of the historic element that the

14 law protects.

15 MS. BROWN: I certainly like where

16 you're going with the theory but unfortunately I

17 think that we have the situation in Georgetown

18 all the time.

19 You have a mish mash of underlying

20 record lots and tax lots and houses are just

21 sitting in the middle of them.

22 In the past it has been interpreted


306

1 that the preservation law does indeed apply to

2 that, particularly when you're consolidating

3 them.

4 There has been an interpretation I

5 think it's in the law now that when you have a

6 tax lot and you're just doing a coterminous

7 boundary for a record lot it does not require a

8 hearing. And I think some other things have

9 changed as well.

10 But unfortunately I think that because

11 we are going to the surveyor's office to request

12 a change in the configuration of these lots I

13 think that we are bound by the law.

14 DR. BYRNE: Okay.

15 MS. FERSTER: So I too actually like

16 where you're going with that thought which

17 perhaps we heard something completely different.

18 But what I heard you say was that the

19 historic significance of the site post dates

20 subdivision. So this subdivision was plotted in

21 1893. The site was not developed until many

22 years later.


307

1 So the existing plat subdivision is

2 not -- it's a piece of paper, but it is not part

3 of the historic significance of the site.

4 And there is law as Ms. Brown alludes

5 to and I think we cited this law in our findings

6 of fact in the demolition case where the prior

7 Mayor's Agent basically said that if a

8 subdivision was approved prior to -- without any

9 review by the HPRB and by the Mayor's Agent, and

10 I think in one of those cases it predated some

11 subdivision rule.

12 But if the subdivision was approved

13 prior to -- without any review under the

14 Preservation Act it just doesn't count. You look

15 at the subdivision that is currently being

16 proposed.

17 So our view that legally this 1893

18 subdivision is legally irrelevant to your

19 determination.

20 DR. BYRNE: Okay. Well, I'm afraid

21 I've distracted everybody from the quoted

22 testimony. I was thinking about that and just


308

1 wanted to.

2 But I get the point. We are in fact

3 seeking subdivision and it will have an effect on

4 the site.

5 MS. BROWN: If the subdivision

6 regulations didn't require this we wouldn't be

7 here.

8 DR. BYRNE: Right. Okay.

9 MR. DETTMAN: With respect to

10 subdivision. The subdivision is required to

11 construct this project of special merit. Whether

12 you acknowledge the existing lots on the site or

13 you don't.

14 The extent of subdivision has been

15 minimized as I've mentioned just by virtue of the

16 evolution of how the master plan came together to

17 this point as well as through the use of

18 theoretical building sites on lots 5 and 2.

19 Further reductions in the extent of

20 subdivision would not fundamentally change what

21 ultimately would be constructed on the site.

22 And so the discussion we just had, if


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1 you were to acknowledge the existing record lots

2 as they exist, the 122 lots, the extent of

3 subdivision on the site is less than what

4 currently exists.

5 And so just in conclusion, getting

6 back to the specific questions that are being

7 asked and the issues that I'm addressing the

8 demolition of subdivision are necessary in order

9 for the special merit features to directly

10 advance the significant number of comp plan

11 policies that I talked about today.

12 There's no economically viable mixed

13 use development involving less demolition and

14 less or no subdivision that would meet the goals

15 of the comprehensive plan to the extent that

16 would support a conclusion of special merit.

17 And finally, there are no reasonable

18 alternatives that would avoid or reduce the need

19 for demolition or subdivision and achieve the

20 same special merit benefits and thus advance to

21 the same extent the comprehensive plan policies.

22 DR. BYRNE: Thank you. A couple of


310

1 questions. And you of course were going over

2 many, many comprehensive plan provisions.

3 But could you take me back and specify

4 whether the comprehensive plan, what the

5 comprehensive plan says about healthcare

6 facilities?

7 MR. DETTMAN: There are a couple of

8 specific areas -- I'll try to get to the slide as

9 I'm talking. It's mainly the economic

10 development element. And it talks about it

11 encourages the district to continue to expand and

12 support its core industries. And the healthcare

13 industry is one of those viewed core industries.

14 It also talks about continuing to grow

15 -- it specifically talks about continuing to grow

16 the healthcare industry in the District of

17 Columbia.

18 Again, I'm trying to show you those

19 specific policies as I'm looking at exhibit C of

20 our filing.

21 So if you were to look at exhibit C

22 the name of the policy is called Core Industries.


311

1 Continue to support and grow the district's core

2 industries, particularly the federal government,

3 professional and technical services, membership

4 associations, education, hospitality and

5 healthcare and administrative support.

6 We think that by virtue of the million

7 square feet of healthcare facilities being

8 proposed that's not only going to help support

9 and continue to grow the healthcare core industry

10 for the district and allow it to continue to

11 diversify its core industries and its economic

12 well-being, but as Mr. Weers talked about the

13 ideal location and relationship of this project

14 in relation to the hospital across the street

15 will further strengthen the district's core

16 industry.

17 The other policy that I was looking to

18 find is towards the end --

19 DR. BYRNE: Talking about primary care

20 and emergency care.

21 MR. DETTMAN: Yes, there's one, it's

22 in the elements, community services and


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1 facilities. Primary and emergency care. And it

2 says ensure that high-quality affordable primary

3 health centers are available and accessible to

4 all district residents.

5 Emergency medical facilities should be

6 geographically distributed. I think that's the

7 one that you're referring to.

8 The other economic development policy

9 is called institutional growth, support growth in

10 the higher education and healthcare sectors.

11 DR. BYRNE: Okay. Which is that

12 found?

13 MR. DETTMAN: That's in the economic

14 development element. It's policy 2.4.1.

15 DR. BYRNE: Okay, thank you. That's

16 good. I also was struck, I forgot the emphasis

17 in the historic preservation column about

18 preservation master plan. Because we certainly

19 have that in this case. I haven't connected that

20 in my mind. Okay.

21 MS. BROWN: That concludes all our

22 direct witnesses. We would like to again


313

1 preserve for the record the opportunity to

2 provide the additional information on the case

3 law on the disqualification and exclusion of Mr.

4 Dettman's testimony. And we are ready for cross

5 examination.

6 DR. BYRNE: Okay, let's march ahead

7 since we had a little break before. Ms. Ferster,

8 if you're ready.

9 MS. FERSTER: So one drawback of this

10 method of cross examination. Since so many

11 elements of the project were addressed by so many

12 witnesses I'm going to be skipping around quite a

13 bit. So it's not going to be coherent in terms

14 of asking everybody -- not repeating questions to

15 one witness and then getting everybody to answer

16 them.

17 What I'm going to do is just because

18 it's fresher in my mind and actually the -- start

19 with a couple of specific witnesses I'm going to

20 go backwards because it's helpful to me.

21 So I'd like to start with Mr. Dettman

22 since he was the last one.


314

1 Okay, so looking at your point about

2 the elements of comprehensive plan that you view

3 demonstrates special merit of this project I'm

4 just going to call out a couple of these points.

5 One are that the traffic issues here.

6 You identify under transportation improvements

7 that you believe qualify the project for special

8 merit.

9 And isn't it correct that this is a

10 project that will generate pretty substantial

11 additional traffic on the existing streets?

12 MR. DETTMAN: It will generate

13 additional traffic.

14 MS. BROWN: And I have a set objection

15 to this because I believe that the court ruled

16 that any adverse impacts generated by this

17 project are not within the scope of the Mayor's

18 Agent proceeding.

19 MS. FERSTER: Well, that's my point

20 exactly. The court specifically -- elements of

21 the plan that reduce impacts like traffic

22 mitigation it would be double counting to count


315

1 them as special merit.

2 For example, you indicate that there's

3 transit services that are being provided. Are

4 those transit services being provided to mitigate

5 traffic impacts?

6 MS. BROWN: I think there's an

7 objection here that needs to be ruled on.

8 DR. BYRNE: Yes. So, this is actually

9 something which maybe you all can give me more

10 advice on because I find the court a little

11 confusing about this in the sense that I do agree

12 that if the point that Ms. Ferster is making --

13 well, one of the points she's making certainly is

14 that to the extent that this project creates

15 adverse effects the mitigation of them is not a

16 special merit. It's not an issue for the Mayor's

17 Agent.

18 But on the other hand it's really hard

19 to understand that if you have all kinds of

20 community benefits and one of the ways that we

21 assess whether something is a community benefit

22 is by looking at the comprehensive plan the


316

1 Mayor's Agent has in many cases looked at those

2 benefits in light of the comprehensive plan it

3 just becomes kind of a wavy line as to what the

4 Mayor's Agent must consider and what the Mayor's

5 Agent can consider.

6 I do think that mitigation effects

7 probably are not -- mitigation of adverse effects

8 from the project are not my area, they're not

9 what I'm -- so if that's the point that Ms.

10 Ferster is making which I think it is then it's a

11 good point. But we don't need to have questions

12 of the witness about it.

13 MS. FERSTER: If you ruled and you are

14 objecting to that line of questioning --

15 DR. BYRNE: I don't object to the line

16 of questioning except I don't know that it's

17 necessary.

18 MS. FERSTER: The witness has

19 proffered these as special merit benefits.

20 DR. BYRNE: He did. He mentioned 100

21 comprehensive plan elements and we're not going

22 to go through all 100, right?


317

1 MS. FERSTER: Well, I didn't count him

2 but he went through quite a few, yes.

3 DR. BYRNE: So, I mean I think if the

4 objection is that the Mayor's Agent needs to look

5 carefully to see whether purported special merit

6 benefits are special merit benefits I agree with

7 that. I intend to do that.

8 So I don't know if that is great use

9 of your time in cross examining to sort of tick

10 through all the ones he mentioned.

11 But I'm open to persuasion on the

12 point.

13 MR. DETTMAN: Mr. Byrne, I do have a

14 comment to make about the shuttle. And I

15 understand that we're kind of running against a

16 fine line here.

17 But while the shuttle service may show

18 up in the transportation element I think we all

19 know that there's a lot of overlap, the

20 comprehensive plan specifically acknowledges the

21 overlap in the policy elements.

22 I think the shuttle actually does


318

1 provide a special benefit. There are other

2 policies that talk about senior housing and

3 locating senior housing in close proximity to

4 support services.

5 I could see the shuttle being very

6 valuable to the low-income seniors that live in

7 that building who want to jump on the shuttle and

8 get someplace else in the city.

9 It's right there. They could walk on

10 the Olmstead Walk. They could jump on the

11 shuttle. They can go to the Metro.

12 DR. BYRNE: Maybe you do have to ask

13 the questions.

14 MS. FERSTER: Is it your position that

15 the transportation improvements -- I hear you

16 saying that the transportation improvements will

17 serve the people on this site.

18 What I'm trying to find out is will

19 the transportation improvements provide offsite

20 benefits to other people as well that in effect

21 are greater than the impacts to existing

22 neighbors in terms of the traffic circulation, in


319

1 terms of traffic congestion, in terms of their

2 ability to cross North Capitol Street, in terms

3 of their ability to get to where they need to go

4 offsite.

5 MR. DETTMAN: I can answer the part of

6 the question related to the availability of

7 whatever transit services are provided by virtue

8 of this project.

9 The answer is yes, it will be

10 available to both residents, workers and visitors

11 onsite and offsite.

12 As to the second part of your question

13 about impacts I don't believe that that's

14 actually part of this proceeding.

15 MS. FERSTER: Right and that is

16 exactly my question is I understand that you're

17 not going to kick anybody off the shuttle --

18 that's a good thing -- who's not on the site, but

19 the question is is there a net transportation

20 benefit beyond the impacts of this project as a

21 result of these services that you provided.

22 I mean I can see, for example, many


320

1 projects, private development projects that offer

2 traffic improvements by the District of Columbia

3 as part of the mitigation. Does that suddenly

4 convert that into a special merit?

5 MR. DETTMAN: I think if you were to

6 take the totality of transportation improvements

7 that are going to be provided by this project, if

8 we were to wade through them and identify the

9 ones that are questionable, if we can set those

10 aside I think there are net transportation

11 benefits provided by this project, not only the

12 shuttle as I just described.

13 There's the additional bike

14 facilities, the brand new Capital Bikeshare

15 station, the increased access to the site, the

16 east-west and north-south access. That's

17 transportation. That's pedestrian, that's

18 vehicle and that's bike transportation

19 improvements.

20 MS. FERSTER: Okay. Well, let's go

21 into that. Are you a transportation expert?

22 Have you actually quantified what the level of


321

1 service would be without the transportation

2 improvements on this site?

3 MR. DETTMAN: I'm not an expert in

4 transportation but I don't need to be. I'm an

5 expert in planning and land planning and zoning.

6 And in planning school you learn about

7 what makes a good network of pedestrian,

8 vehicular, and bicycle separation. That's

9 increasing access. That's increasing

10 connections. And that's exactly what's happening

11 on this 25 acre site.

12 Right now it's fenced off. If I want

13 to go from Channing to Michigan I have to walk

14 around the site. Someday I can walk through,

15 around, across, can meander across the site.

16 That's increases in transportation.

17 MS. FERSTER: And I understand that

18 you believe that there are benefits. But the

19 question, the legal question is are those

20 benefits, do they go beyond what the impacts that

21 this project is generating.

22 And what I understand is you haven't


322

1 evaluated that.

2 MS. BROWN: I'm just going to again

3 object.

4 What I think Ms. Ferster is doing is

5 putting in your lap, Mr. Mayor's Agent, Mr.

6 Byrne, balancing the net benefits of the

7 transportation features against the net adverse

8 impacts, and that's exactly what the court says

9 you can't do.

10 DR. BYRNE: I appreciate that, but I

11 think she's also trying to isolate the extent to

12 which the alleged transportation benefits are

13 special merit or not, and suggesting that that

14 has to be a net inquiry rather than just looking

15 at them in and of themselves.

16 So I find myself sort of stuck in that

17 point in terms of trying to understand what the

18 court of appeals wants me to do.

19 And this was the confusion last time

20 with the healthcare facility in which what I

21 thought I said was that the fact that it was

22 large didn't detract from the project being one


323

1 of special merit and the court said well, you're

2 considering whether it's a good idea to have a

3 healthcare facility.

4 So, I find the line difficult to

5 manage. Okay. Enough about me.

6 How to proceed with this. I think

7 maybe can we just let it lie that the question of

8 the special merit of the transportation part at

9 least has to be understood only in net terms.

10 And I think the witness has testified

11 that in his opinion there is a net benefit. And

12 maybe we just leave it there.

13 Or I don't know, maybe you want to

14 attack that some more, but --


16 MS. FERSTER: I don't think he's

17 qualified to make that assessment. I will move

18 on from transportation for sure.

19 But this same issue is presenting

20 itself from innumerable comp plan elements that

21 he mentioned. Light pollution, et cetera, that -

22 - control of urban runoff, vehicle noise, all


324

1 these things I think can only be viewed as

2 special benefits if we have a calculation of what

3 the project -- in terms of the elements of the

4 project that would further these policies, what

5 they would be, and what the noise or the light

6 inclusion or the runoff would be without those

7 elements. And then we could determine whether or

8 not there is a net benefit beyond this,

9 mitigating the impact of this project.

10 So I think it does cross a lot of

11 these elements.

12 So the question is do you want me to

13 go through this discussion with respect to more

14 of these items that I feel are mitigation as

15 opposed to -- and ask the questions about what

16 the net benefits of it. Or can I simply pose a

17 question to Mr. Dettman of whether or not he has

18 actually calculated the net benefit to the public

19 beyond the impacts of the project from each of

20 these elements.

21 MR. DETTMAN: Is that the question?

22 MS. FERSTER: The environmental


325

1 protection elements because I see those as very

2 much mitigation as opposed to -- and the

3 transportation elements.

4 MR. DETTMAN: Sure. Again, as I laid

5 out in my testimony I want to make sure that it's

6 clear that I was not arguing just mere overall

7 consistency or inconsistency with the

8 comprehensive plan.

9 To the extent that we can tie directly

10 policies of the comprehensive plan to a special

11 benefit the greater the likelihood that the

12 project can be found to have special merit. So

13 that was sort of the scope and the focus of my

14 testimony.

15 Now with respect to your question you

16 had mentioned light pollution and whether or not

17 I quantified that.

18 Again, my testimony had to do with

19 tying a policy to an identified special benefit.

20 And if I could do that to a great extent I would

21 make the argument that that should give some

22 indication of the special benefit of that project


326

1 over 100 policies.

2 Now, light pollution, stormwater

3 management, all that, it's all quantified in the

4 master plan. With respect to light pollution,

5 with respect to stormwater management, impervious

6 surface, that's called LEED ND gold. That goes

7 above and beyond what is required under any kind

8 of district building code or regulation.

9 This entire 25 acre site has been

10 looked at holistically as a sustainable

11 environment and is going to achieve LEED ND gold.

12 Again above and beyond anything else I believe

13 that's special merit.

14 You had mentioned one other one.

15 MS. FERSTER: Noise. I mentioned

16 noise. Reduction of vehicle noise. That's one

17 of the things in the environmental protection

18 element that you identified.

19 MR. DETTMAN: I did not quantify a

20 reduction in noise.

21 MS. FERSTER: Okay. And just to

22 clarify on light pollution my question didn't go


327

1 are you mitigating the light pollution generated

2 by this project.

3 The question is are you going beyond

4 that and mitigating other light pollution for

5 example in the surrounding area. That would be a

6 net benefit.

7 MR. DETTMAN: The net benefit is the

8 entire project as a whole has reached a very high

9 level of LEED neighborhood development gold.

10 That takes into account a lot of environmental

11 sustainability strategies.

12 You had mentioned stormwater

13 management. That was the other one you had

14 mentioned. And it has been quantified in the

15 master plan that not only is the project going to

16 meet the district's very stringent stormwater

17 management requirements but in very technical

18 calculations in the master plan the project is

19 actually going to exceed the amount of volume of

20 water it has to retain onsite.

21 DR. BYRNE: It's interesting. I mean

22 in a sense that if one would accept for a moment


328

1 the fact that the project creates special merit

2 benefits say for example through affordable

3 housing the fact that it does a very

4 sophisticated job of mitigating the harms that

5 come from creating the development that generates

6 those special merit benefits, I don't know if

7 it's a special merit itself but it is a plus for

8 the project.

9 I mean, it's hard to see where the

10 Mayor's Agent can sort of get his arms around

11 that, but it is -- Ms. Ferster, you're sort of

12 comparing it to doing nothing and that's -- that

13 would be good only if there were no other special

14 merits to the project.

15 MS. FERSTER: A follow-up question

16 about stormwater management. When you said that

17 there's going to be stormwater control that is

18 improved on the site are you counting the

19 stormwater management projects undertaken by WASA

20 involving both the stormwater management site on

21 South 14th as well as the First Street Tunnel

22 project?


329

1 MR. DETTMAN: No. Those were not

2 retention. Those were not reuse projects. Those

3 were not environmentally sustainable stormwater

4 management projects.

5 MS. FERSTER: Including what's called

6 the stormwater retention project?

7 MR. DETTMAN: That is a big tunnel

8 down First Street in order to capture water

9 coming off of lots of sites.

10 The D.C. stormwater regulations is a

11 site by site analysis applied to a specific

12 project that requires you to retain onsite, not

13 put it in a tunnel under First Street, retain a

14 certain volume of water onsite.

15 MS. FERSTER: And how about South 14th

16 which is specifically called the WASA stormwater

17 retention project?

18 MR. DETTMAN: Right, retention in a

19 tunnel for long-term detention down to Blue

20 Plains.

21 When I say retention I'm talking about

22 holding it onsite and putting it in cisterns and


330

1 reusing it for landscaping. Putting it in a

2 green roof and letting it evaporate into the sky.

3 That's onsite retention.

4 MS. FERSTER: Thank you. So we talked

5 about economic development and how the healthcare

6 facility furthers economic development policies.

7 And you didn't specifically say the plan. You

8 said economic goals of the District of Columbia

9 in your verbal testimony.

10 So I'm curious about whether or not

11 you're talking about any specific plans other

12 than the comprehensive plan.

13 MR. DETTMAN: No, I mentioned the

14 district's economic development strategy.

15 MS. FERSTER: Strategy, okay. So you

16 were referring to the district's economic

17 development strategy. Which economic development

18 strategy are you referring to?

19 MR. DETTMAN: The one that was shown

20 on the slide was the economic development

21 strategy that specifically identified McMillan

22 and recommended a medical hub to be located


331

1 there.

2 I understand that within not too long

3 ago the administration has released another five-

4 year economic development strategy. And no

5 mention of McMillan is in that, but that does not

6 mean that the district is not interested in

7 establishing a medical hub at McMillan, seeing it

8 as an ideal opportunity.

9 As a matter of fact they said nothing

10 to roll that recommendation back, and at the time

11 of that most recent economic development strategy

12 was released the McMillan master plan was well

13 underway and it was based upon the economic

14 development strategy that was in place at the

15 time the master plan was put together.

16 MS. FERSTER: But you would agree that

17 the five-year master plan that you showed on your

18 slide is no longer the current five-year master

19 plan, isn't that correct?

20 MR. DETTMAN: I wouldn't agree with

21 that because the economic development strategy

22 I'm not sure is a cleancut document, once a new


332

1 one comes out the old one goes away.

2 MS. FERSTER: Okay, well perhaps we

3 could ask that question of Mr. Kenner then. I'll

4 move on.

5 Okay. You mentioned in one of your

6 slides reference to protection of affordable

7 housing in the mixed city policy 1.1.7 as a

8 policy that is furthered by this project.

9 Isn't it correct that that policy

10 refers to existing affordable housing, not

11 affordable housing that you are creating as part

12 of that project?

13 MR. DETTMAN: The actual policy says

14 strive to retain the character and density as a

15 mixed income by protecting the area's existing

16 stock of affordable housing and the plan was

17 meaning that this was not going to displace any

18 affordable housing because it's a vacant site.

19 The policy further goes on to say and

20 promoting the construction of new affordable

21 units.

22 MS. FERSTER: Okay. So have you done


333

1 any kind of -- so it's not your testimony that in

2 fact this project protects existing affordable

3 housing. You're not testifying to that. You're

4 focusing on the new housing.

5 MR. DETTMAN: Correct. I will follow

6 that up though and say that the policy encourages

7 the protection of existing and the construction

8 of new. And the project advances that entire

9 policy.

10 It does nothing to the existing stock

11 of affordable housing because there's nothing on

12 the site and it provides all new affordable

13 housing.

14 MS. FERSTER: Thank you. Okay, so Mr.

15 Thakkar, working backwards here. Let's see. You

16 talked -- and this can go to really also other

17 people who testified because actually a number of

18 people testified about the whole issue of LEED

19 certification of the project. So really I can

20 ask anybody this question who feels most

21 qualified.

22 Who would like to step up and I guess


334

1 I would particularly ask the question of whoever

2 is the most familiar with the green building

3 code.

4 MR. THAKKAR: I'm happy to step up.

5 I'm not particularly familiar with the green

6 building code, but I am familiar with LEED.

7 And as I said, it is my understanding

8 that LEED silver which is the minimum requirement

9 that we committed to with the Zoning Commission

10 exceeds district building codes.

11 And we are certifying the project --

12 you can build to LEED or build to various things.

13 We're actually going to be certifying this

14 project at LEED silver or better which to my

15 understanding exceeds building code requirements.

16 MS. FERSTER: Okay. What I wrote down

17 that you said was that you said that LEED silver

18 is not a requirement for District of Columbia

19 projects. So you didn't feel that that was a

20 requirement. And the question is the green

21 building code, is it your opinion as somebody who

22 is familiar with the green building code that the


335

1 green building code does not require LEED silver

2 certification?

3 MR. THAKKAR: I am not familiar with

4 the green building code. In building other

5 projects in the district I am not aware of having

6 to build to a LEED silver and certify a project

7 as such.

8 MS. FERSTER: Were you not aware that

9 the green building code has specific provisions

10 that deal with district-financed projects?

11 MR. THAKKAR: I don't know that this

12 project is district-financed.

13 MS. FERSTER: It's defined as a land

14 disposition and development agreement.

15 MS. BROWN: I think he's already

16 testified that he's not familiar with the D.C.

17 green code enough to answer those questions.

18 MS. FERSTER: Okay, so were you simply

19 speculating. Is there anybody who's very

20 familiar with the green building code who can

21 talk about whether or not this silver

22 certification is required in district-financed


336

1 projects as that is defined in the green building

2 code?

3 MS. BROWN: I think there was no

4 direct testimony that you've heard today on the

5 green building code with that particular

6 provision so I think it's best if you bring that

7 up in your case in chief.

8 MS. FERSTER: Sure. Okay. And I

9 think there was also some mention of LEED gold.

10 There's a component of the project that was LEED

11 gold.

12 Can you be more specific about what

13 component is LEED gold?

14 MR. BELL: That's the LEED

15 neighborhood development. LEED ND it's called.

16 MS. FERSTER: And could you describe

17 that in a little more detail in terms of the

18 buildings that are involved.

19 MR. BELL: LEED ND is about master

20 planning. It is about transportation access to

21 walkable communities, making things

22 interconnected, mix of uses, accessible public


337

1 open space, things like that.

2 MS. FERSTER: Okay. And so is there

3 a higher LEED certification than gold?

4 MR. BELL: I believe there is LEED

5 platinum.

6 MS. FERSTER: This project does not

7 meet LEED platinum.

8 MR. BELL: We have committed to LEED

9 gold.

10 MS. FERSTER: So the remainder of the

11 components of the project, every one of them are

12 LEED silver.

13 MR. BELL: What do you mean by the

14 remainder?

15 MS. FERSTER: You indicated that --

16 MR. BELL: There are different LEED

17 classifications. There are LEED for new

18 construction. There's all sorts of LEED

19 categories. The one I've been specifically

20 involved in is the LEED ND, LEED gold.

21 And we've gotten LEED silver

22 certification for the individual buildings.


338

1 MS. FERSTER: So everything other than

2 in the master planning is LEED silver. Are there

3 any buildings or components that do not meet LEED

4 certification silver below that, or is everything

5 at least silver?

6 MR. BELL: We committed to everything

7 minimally being silver.

8 MS. FERSTER: And there's a higher for

9 all those other components in addition to the

10 master planning LEED certification that would

11 also be that it allows for silver and platinum as

12 well.

13 MR. BELL: That's a standard LEED

14 classification, yes.

15 MS. FERSTER: Thank you. So, this is

16 particularly for Mr. Thakkar again. You indicated

17 -- talked about the fact that you would be

18 providing affordable housing for seniors that is

19 a benefit to the existing community. Did I

20 correctly summarize that piece of your testimony,

21 that the affordable housing for seniors on the

22 site would benefit the existing community?


339

1 MR. THAKKAR: I didn't say it that

2 way. What I said was that there are a number of

3 seniors within the existing community and that

4 cohort suggested strongly that we include

5 affordable senior housing on the site.

6 The reason I say that is of course due

7 to fair housing there's no guarantee that someone

8 who lives across the street could necessarily

9 live in this house versus someone who lives in

10 Georgetown for that matter.

11 MS. FERSTER: Thank you for that

12 clarification.

13 You also I think had some testimony

14 about the fact that this project provides for

15 multifamily housing which is a particularly

16 valuable component to this project.

17 MR. THAKKAR: I think what I said was

18 that it provides housing for families. What I

19 testified to is we have various different types

20 of affordable housing including housing for

21 families which is not the multifamily housing,

22 it's actually the townhouses because they are


340

1 larger, having more bedrooms and more square

2 footage suitable for families.

3 And that much of the affordable

4 housing being built in the city is multifamily

5 affordable housing and may not be as catered to -

6 - may not be built for families in the way the

7 townhouse might be.

8 MS. FERSTER: Thanks. So that

9 restates my question, thank you, I appreciate

10 that.

11 So in terms of the housing that's

12 being provided onsite for families, that would

13 include the townhomes that EY is building. And

14 would that also include the multifamily

15 buildings?

16 MR. THAKKAR: Certainly it could

17 include the multifamily buildings. Families can

18 of course live in multifamily housing as well.

19 MS. FERSTER: Can you quantify how

20 many of the units of the multifamily housing

21 would be -- could be occupied by families,

22 meaning they had two or more bedrooms?


341

1 MR. THAKKAR: I'll have to get back to

2 you with regard to that answer. What I testified

3 to was that our project includes townhouse style

4 housing which would be appropriate for families.

5 So I didn't testify to the fact that

6 the multifamily housing would or wouldn't house

7 families in particular.

8 What I did say is that unlike many

9 projects, let's take the wharf for example since

10 I know we discussed that before.

11 My understanding is that most of that

12 housing is multifamily in nature and not to say

13 that multifamily housing is not suitable for

14 families, but many families like to live in fee

15 simple detached housing.

16 This project both by size and

17 configuration provides that option.

18 MS. FERSTER: So perhaps I should ask

19 that question of Mr. Lynch.

20 MS. BROWN: He's not with us today.

21 MS. FERSTER: I'm sorry. Whoever is

22 responsible for the multifamily housing.


342

1 MR. THAKKAR: We can get back to you

2 with the answer to that question.

3 DR. BYRNE: We're talking about the

4 cross.

5 MS. FERSTER: Okay, so my other

6 question was going to be, and I'd appreciate you

7 getting back to me about that as well is of the

8 multifamily units that are suitable for families

9 meaning they would have two or more bedrooms I

10 would like to know how many of those are going to

11 be affordable units.

12 Can you provide that?

13 DR. BYRNE: She's asking --

14 MS. BROWN: We're waiting for a

15 question. We didn't hear the question so --

16 DR. BYRNE: Oh, I'm sorry. Go ahead

17 and ask it again.

18 MS. FERSTER: Well, the question was

19 can you also provide how many of the affordable

20 multifamily units are going to be for families

21 meaning two or more bedrooms.

22 MR. THAKKAR: I don't know that that


343

1 has been finalized yet. To the extent that we

2 have that information given where the project is

3 in the entitlement process we can get it to you.

4 I just don't know that that's been finalized.

5 I also want to say for the record when

6 I spoke about family housing I was referring to

7 the 146 townhouses as a unique component of the

8 project that is not part of most large projects

9 in the district.

10 MS. FERSTER: Understood. So, you

11 also talked about the creation of jobs, job

12 training, employment, et cetera. And a number of

13 witnesses did mention that there will be a number

14 of jobs that will be created.

15 And I think there was some suggestion

16 that the existing surrounding community would

17 benefit from the jobs that would be created by

18 that site.

19 I believe that was the testimony

20 perhaps of Mr. Bogorad.

21 MR. WEERS: As with housing you can't

22 guarantee that somebody in some other


344

1 neighborhood wouldn't get a job.

2 MS. FERSTER: I'm flipping from

3 housing to jobs.

4 MR. WEERS: I realize that, I'm just

5 saying it's a similar situation.

6 What I was saying is it will create a

7 lot of jobs at the site. There's also spinoff

8 jobs a lot of which would be near the site.

9 And having those proximate to these

10 particular neighborhoods and to an area with

11 higher unemployment increases the odds that

12 people in those neighborhoods will be able to get

13 jobs.

14 I mentioned it in this testimony but

15 it is combined with all the job training and

16 other things that other witnesses have mentioned

17 makes it particularly likely that those jobs will

18 become available for and will actually end up

19 being filled by people within the general

20 neighborhood.

21 MS. FERSTER: But you're not going to

22 provide any particular preference for people who


345

1 live in the neighborhood.

2 MR. WEERS: I'm not aware that that's

3 legal.

4 MS. BROWN: I don't think he testified

5 to that.

6 MR. WEERS: No, I certainly didn't

7 testify.

8 MS. FERSTER: So, just a couple of

9 questions about the subdivision here. A number

10 of witnesses testified that they believe that

11 this project, that the subdivision issue is

12 really about reducing the number of subdivisions

13 and that you didn't feel that your project could

14 be reconfigured in a way that reduced the number

15 of subdivided lots.

16 Am I summarizing the testimony? I

17 think it was Mr. Thakkar and others. That

18 subdivision. I have it written down in my notes

19 with you, that you felt that --

20 DR. BYRNE: Mr. Dettman said that.

21 MS. FERSTER: Mr. Dettman?

22 DR. BYRNE: I think Mr. Dettman said


346

1 that -- generally though that they couldn't

2 reduce subdivision, couldn't have fewer

3 subdivisions and have the special merit benefits

4 that the project provides. I believe that was

5 the testimony.

6 MS. FERSTER: Okay. So whoever is the

7 most appropriate person to answer this follow-up

8 question.

9 And my question is not whether or not

10 you considered reduction of a number of

11 subdivisions. My question is whether you

12 considered the same perhaps number of

13 subdivisions but different configurations that

14 would move the existing buildings into different

15 locations within the site. Did you consider

16 that? As part of the alternatives to the

17 subdivision.

18 DR. BYRNE: So I saw a lot of pictures

19 of different configurations of buildings on the

20 site. I would assume that they were doing that

21 before they were thinking about how to divide

22 lots up.


347

1 MS. FERSTER: I think those pictures

2 all predated the filing of this application.

3 DR. BYRNE: I think so too.

4 MS. FERSTER: So that's my question.

5 Do you want to postdate it after the filing of

6 your application in response to the D.C. Court of

7 Appeals decision.

8 Did you look at different subdivision

9 configurations. Not necessarily just reducing

10 the number of lots, but actually just

11 reconfiguring the lots so that your project would

12 be located in a different way.

13 I can give you an example if you would

14 like one example. But let me just ask you the

15 question just generally. Did you look at

16 different configurations for locating your

17 proposed buildings within the site.

18 MS. BROWN: Can I just ask a

19 clarifying question? Ms. Ferster, are you

20 suggesting that subdivisions should come first

21 and a building program second?

22 MS. FERSTER: No, I'm saying that they


348

1 are looking -- your witnesses testified they

2 examined alternatives that would reduce the

3 number of subdivisions and I'm simply asking did

4 you also examine alternatives that would have

5 reconfigured the subdivisions.

6 That presumably would have changed the

7 location of the buildings within the site.

8 MR. RUIZ: I think I understand the

9 question and how it relates to my testimony so

10 let me take a shot.

11 So the one point I did make in

12 relation to subdivision was referring back to the

13 numerous alternatives that Mr. Bell reviewed.

14 If you look at those and if you were

15 to try to take each of those alternatives and

16 apply a subdivision that met zoning and met all

17 requirements the extent of the subdivision as the

18 master planning evolved got less and less because

19 there were fewer buildings, they were better

20 organized and there was more open space.

21 In terms of whether or not there were

22 other configurations of the existing master plan


349

1 explored in order to try to reduce the extent of

2 subdivision I think it's important to point out

3 that a record lot required a street frontage.

4 So there's only so many record lots

5 you can draw around the buildings that are

6 currently being proposed.

7 Now if you take, I don't know how many

8 buildings, I know we have 19 clusters of

9 townhomes, we have a building on parcel 1, there

10 are 20 some buildings per se.

11 So Ms. Ferster, if you're asking have

12 we taken those 20 some buildings and moved them

13 around the site in order to try to reduce the

14 amount of subdivision I think that goes to my

15 point that if you do that it doesn't really

16 change the extent to which what actually happens

17 on the site. You're just moving the lines around

18 constrained by what the requirements are for a

19 subdivision.

20 But I think at the end of the day

21 there's no differences whatsoever.

22 MS. FERSTER: Okay, so my question was


350

1 a little simpler than that. It was just did you

2 consider doing that.

3 MR. RUIZ: The simple answer is no.

4 Ms. Brown's comment, we developed a building

5 program that best met the needs of the landmark,

6 the needs of the community, the needs of the

7 building program and then figured out the less

8 intrusive subdivision that we needed to build.

9 MS. FERSTER: Thank you. And let me

10 just follow up with Mr. Weers because I think

11 this was one of his slides.

12 I'm looking at the additional cell

13 preservation on parcel 1 slab which is at page

14 182 of the booklet.

15 And my question doesn't have to do

16 with cell preservation but this graphic is

17 useful.

18 So I guess one question would be as an

19 alternative that you might like to consider, did

20 you ever consider flipping the healthcare

21 facility building so that -- and perhaps this is

22 actually a better question for Mr. Thakkar


351

1 because he was the one that particularly talked

2 about how the healthcare facility was sited in

3 particular to allow some space between the north

4 service court.

5 MR. THAKKAR: That's my --

6 MS. FERSTER: That's you, okay. So

7 the question, I'm looking at this slide and it

8 looks to me like there is more space actually

9 between Michigan Avenue and the building areas

10 between the north service court and the building.

11 So, if you were interested in

12 maximizing the amount of open space in the --

13 near or around the north service court wouldn't

14 you just flip that and put the healing garden on

15 the other side of Michigan Avenue?

16 MR. THAKKAR: So, I'm not sure on your

17 question. Can you help me understand what are

18 you asking?

19 MS. FERSTER: The question again is

20 simple. Did you ever consider reconfiguring the

21 healthcare facility on parcel 1 so that -- you

22 know, these east -- what do you call them, the


352

1 east and the west --

2 MR. THAKKAR: Yes, I think the answer

3 to your question generally is yes. We examined a

4 lot of different options and configurations for

5 parcel 1.

6 And the building itself used to be

7 closer to Michigan Avenue. In fact, part of the

8 reason why it is where it is today is because of

9 a community meeting where we were at Big Bear

10 Cafe and people asked for it to move away from

11 Michigan Avenue, thus the healing gardens were

12 born.

13 But I think Mr. Bell probably has some

14 other thoughts that are helpful.

15 MR. BELL: In addition to what Mr.

16 Weers said we did look at flipping it. We looked

17 seriously at that. We think this is a much

18 better configuration. It handles the drive-up

19 and drop-off for the healthcare building without

20 introducing that traffic onto the north service

21 court.

22 It also provides at a lower level


353

1 there's a section drop. I'm demonstrating with

2 my hand here from Michigan down to the north

3 service court that's one level of section change.

4 What that allows us to do is to put a

5 level of retail at a lower level and the drop-off

6 at an upper level.

7 This is great because it allows for

8 the retail to relate to the north service court

9 which is very much where everybody wanted the

10 retail there with the grocery store.

11 And it keeps the people who are

12 dropping folks off and going into the garage for

13 the healthcare facility up to the north.

14 The healing garden softens that

15 experience. And when you wall off Michigan it

16 becomes difficult to see the entry into the site.

17 So we felt that the spatial

18 configuration of the two buildings like this with

19 the healing gardens allow for an entry, kept the

20 traffic off the north service court, gave us a

21 retail frontage on the north service court, and

22 that was the best solution.


354

1 MR. THAKKAR: And if I could I think

2 part of what that answer which I agree with

3 illuminates is that you can't just plan this site

4 and plan it and say why don't you just pick it up

5 and move it over there.

6 Every one of these decisions has a

7 significant number of factors and components

8 added into it. It is not just a question of

9 where should the open space go because the open

10 space affects the circulation. It's all tied

11 together is my point.

12 MR. BELL: And we debated this with

13 the HPRB.

14 MR. THAKKAR: The District of Columbia

15 Department of Transportation.

16 MR. BELL: And one of the debates that

17 came out of that was the setting back of the

18 buildings above the first floor in the north

19 service court.

20 So that was one of the ways we dealt

21 with the spatial arrangement around the existing

22 landmark and HPRB supported that solution.


355

1 MS. FERSTER: What was that version

2 that you say you considered that would have done

3 as I described? Was that actually presented then

4 to the HPRB?

5 MR. BELL: I can't recall honestly if

6 we made drawings of that. I know we did talk

7 about it and we did talk about it with them and

8 we debated the merits of that.

9 I will tell you that there was a

10 scheme where the buildings went straight up from

11 the north service court and then we came back and

12 were asked to push them back which is what you

13 see today.

14 MS. EIG: From a preservation point of

15 view by locating the building there the Olmstead

16 Walk which is curved at the northern end and

17 which had not been previously accommodated was

18 allowed to fulfill its original plan which was a

19 preservation benefit.

20 MR. BELL: So, like many things in the

21 plan it's not just one criteria. You're looking

22 at a wide variety of things to balance strategies


356

1 and outcomes. And that's one of the things about

2 this plan that was so sophisticated, that it does

3 a great deal of many of those things.

4 MS. FERSTER: So let me just follow

5 up, Ms. Eig, about her point then just to be

6 clear.

7 So the Olmstead Walk is in your 2014

8 report you indicate the Olmstead Walk is a

9 contributing feature but of supporting

10 significance.

11 So, like the below ground cells.

12 That's correct, right?

13 MS. EIG: Because of its integrity.

14 And when the decision was made that it could be

15 reconstructed it's of significance but the

16 integrity was very poor. In parts it doesn't

17 exist.

18 MS. FERSTER: I guess I'm confused

19 then because you have -- in your 2014 report you

20 have separate assessments of both integrity and

21 significance. So you had separated them in the

22 two, the way I read the report --


357

1 MS. EIG: They were brought back

2 together. And if you understand as I did testify

3 the preservation report was recommendations. It

4 was not based on a specific development. And it

5 took into account that there would be changes.

6 And some of my recommendations were

7 not followed as I think everyone at this table

8 would have to say that they didn't get everything

9 they wanted.

10 This is a very complex sophisticated

11 plan that optimizes the considerations.

12 MS. FERSTER: Understood. I'm just

13 still trying to wrap my brain around the idea

14 that the hierarchy of in your Appendix I of the

15 2014 report.

16 MS. EIG: That was not necessarily

17 followed. It was my recommendation.

18 MS. FERSTER: I understand that. I

19 understand that. But it seems to me that from a

20 historic preservation standpoint you do two

21 things.

22 One is you decide what is a key


358

1 supporting or non-contributing element to the

2 historic significance of the site, and then you

3 assess the integrity.

4 MS. EIG: No, you're at a lower level

5 than I was. I'd already determined what's

6 contributing and non-contributing. We were at a

7 relative level of significance.

8 Plus I think that the Historic

9 Preservation Office was very adamant that the

10 Olmstead Walk be included as a character defining

11 feature because of its identity.

12 And it was a very good recommendation.

13 The board completely voted with that.

14 MS. FERSTER: Right, and I'm just,

15 again, I don't want to make this more complicated

16 because it really is a very simple question.

17 Because it concerns me and it raises

18 the question of the underground cells, for

19 example, which you indicated in your report were

20 of supporting significance, not key significance.

21 And so it occurred to me that was the

22 deteriorating condition of the cells a factor to


359

1 the downgrading of them in terms of the

2 significance of the site.

3 MS. EIG: I think that I did testify

4 that there were three criteria that were used

5 that were based on the landmark application that

6 had been submitted 20 years ago.

7 We did not try to rethink that or

8 argue the decision. We went right by what they

9 said was the significance and that was how it was

10 landmarked.

11 And that was used as the basic

12 significance. So not every element is

13 significant in all three aspects.

14 MS. FERSTER: Right, I understand

15 that.

16 MS. EIG: So, the visibility of the

17 cells moved them to a lower position.

18 MS. FERSTER: Okay. That's what I

19 guess -- to better restate my question it would

20 be if the cells were in mint condition, none of

21 them were deteriorated, would they still be

22 supporting significant, or would they --


360

1 MS. EIG: Yes.

2 MS. FERSTER: And that would apply to

3 basically everything in the site including the

4 service courts. The level of deterioration

5 doesn't affect its hierarchy or relevant

6 significance.

7 MS. EIG: No. There's hierarchy and

8 then there's integrity. And then together that

9 creates the final assessment. Both pieces.

10 MS. FERSTER: I understand. Obviously

11 I'm not making my point very clearly because I'm

12 asking a very simple question.

13 You identified certain features as of

14 contributing significance and certain features as

15 of non-contributing --

16 MS. EIG: No, everything was

17 contributing.

18 MS. FERSTER: Okay. So certain

19 features as supporting.

20 MS. EIG: Correct.

21 MS. FERSTER: Supporting and key. So

22 that was your relative level of significance.


361

1 And I guess what I'm trying to

2 understand is the extent to which that

3 deterioration of any of those features affected

4 your determination of their relative level of

5 significance.

6 MS. EIG: Integrity does not affect

7 their relative level of significance.

8 MS. FERSTER: Thank you. That's it.

9 That's all. That was all I was asking.

10 Okay. I would like to go to cells 14

11 and 28 for a minute because there's several

12 witnesses, I think Ms. Eig and others who

13 clarified that the intention is certainly to

14 preserve cells 14 and 28 absent unanticipated

15 events, that it is your intention to preserve

16 them.

17 And so that's correct?

18 MS. EIG: The full cell 14 is proposed

19 for preservation and part of cell 28.

20 I think the testimony was that it was

21 more than just the intention, it's the definitive

22 plan. The plan includes the preservation as I


362

1 just stated.

2 MS. FERSTER: Okay, here's my question

3 and that is is that I have the demolition permit

4 in front of me that was issued on December 2,

5 2016. And there are no conditions associated

6 with this demolition permit.

7 MS. BROWN: Demolition, that's not

8 part of the record on direct.

9 MS. FERSTER: Well, I think that the

10 fact that you say that you intend to preserve the

11 plan and yet a demolition permit -- preserve

12 those cells and yet a demolition permit was

13 issued that it does not.

14 MS. BROWN: There is no direct

15 testimony related to that permit and if you want

16 to talk about it in your case in chief ---

17 DR. BYRNE: So I take it this in the

18 nature of impeachment.

19 MS. FERSTER: You know, it goes beyond

20 that, and perhaps I better make a proffer because

21 I anticipate lots of objections here.

22 So, let me say that one of the issues


363

1 that the D.C. Court of Appeals was concerned

2 about was validating to other entities the

3 preservation protections that were decided make

4 this project a project of special merit.

5 And on December 2, 2016 a demolition

6 permit was issued that is not -- doesn't appear

7 to be in any way conditioned.

8 And this has been -- and I understand

9 that the applicants are going to view anything

10 going to the demolition permit that was issued as

11 beyond the scope of anybody's testimony, but I

12 think it's important that I be allowed to delve

13 into that.

14 And the reason I think it's important

15 is that there's nobody else who can testify to

16 this, right.

17 I can't produce a witness. I don't

18 have the power unless you want to allow us to

19 subpoena somebody from DCRA or Mr. Thakkar and

20 produce him -- Mr. Kenner, ask them to be one of

21 our witnesses so that I could query them as a

22 hostile witness so that exactly what happened


364

1 when this demolition permit was issued, why it

2 wasn't conditioned appropriately in order to

3 allow the preservation of the things that

4 applicants said that they would preserve.

5 Why no construction permit was

6 apparently issued simultaneously with the

7 demolition permit which is contrary to the

8 Preservation Act.

9 If nobody here -- I understand

10 nobody's going to testify about that. It is

11 definitely beyond the scope of perhaps all of the

12 direct testimony, but if nobody here is going to

13 -- I have a number of concerns and questions that

14 go to what is going to happen after the Mayor's

15 Agent issues his order, your order.

16 DR. BYRNE: So is your concern that

17 they will not follow the limits of the project

18 that would be cleared for the department.

19 MS. FERSTER: I clearly think the

20 demolition permit that was previously issued

21 raises a serious question about whether or not

22 they're going to comply with the requirements of


365

1 this statute and the commitments that they

2 provided here.

3 So if none of the witnesses today will

4 answer my questions I would ask that I be allowed

5 to call as part of my case an appropriate D.C.

6 government employee who can answer questions

7 about this demolition permit.

8 MS. BROWN: And I would completely

9 object to this line of questioning. This permit

10 is well beyond the scope of the specific permit

11 that's before you today, the demolition for the

12 underground cells, and for the subdivision.

13 Anything outside of that is extraneous

14 and beyond the scope of this hearing and I think

15 we need a clean line dividing that.

16 DR. BYRNE: So, the concern as

17 expressed by Ms. Ferster is that the applicants

18 will not abide by law and will tear down stuff

19 that is not permitted under whatever order comes

20 down.

21 And I don't know that that really --

22 I don't know how to deal with that. It's not


366

1 part of the application process.

2 It seems to me to be an issue that

3 needs to be taken up independently with I guess

4 DCRA.

5 MS. BROWN: It's completely an

6 enforcement issue.

7 DR. BYRNE: So, I know nothing about

8 the permit. If it was inappropriate then it

9 never should have been issued.

10 But I don't know that it's appropriate

11 for you to then impugn what they're going to do

12 that's within the scope -- when we say this is

13 the scope of their rights that they're going to

14 go outside of that.

15 I just don't think that that's really

16 appropriate for today, for this hearing.

17 MS. FERSTER: So you're sustaining the

18 objection.

19 DR. BYRNE: I think so.

20 MS. FERSTER: Are you sure?

21 DR. BYRNE: Yes.

22 MR. OTTEN: Mr. Byrne, can I just make


367

1 a clarifying question? You, as I understand in

2 terms of the posture of the administrative

3 review, have to sign off on the demolition of

4 parts or all of the site if that was that

5 question, but parts of it certainly.

6 DR. BYRNE: I have to clear the permit

7 based upon a finding of special merit consistent

8 with purposes ---

9 MR. OTTEN: Right. And as Ms. Ferster

10 just pointed out this permit has been issued.

11 And I don't think you've cleared it. And I think

12 that's why this is being raised now.

13 DR. BYRNE: Well, then if the permit

14 -- so the permit, a permit could have been issued

15 before the court of appeals vacated the decision.

16 I think that's correct.

17 MS. BROWN: We don't know what it is

18 because it's not in evidence. And the reason

19 it's not in evidence, because it doesn't belong

20 in this hearing.

21 And if there is an objection to the

22 demolition permit there's a whole separate


368

1 process for the DCRA to appeal the issuance of a

2 permit. And that's not here.

3 DR. BYRNE: I think that makes sense.

4 I don't think that any kind of enforcement error

5 if there was one, I haven't seen the document, is

6 relevant to what we're doing here unless --

7 MS. FERSTER: Well, I would like to

8 offer this again as impeachment of the professed

9 good intentions of the applicants in this case to

10 ensure that all the elements they're promising to

11 preserve will be preserved.

12 DR. BYRNE: Okay, let's hold that for

13 later then because I think -- I have to think

14 about how to deal with that.

15 MS. FERSTER: So I have another

16 question that undoubtedly the applicants will

17 object to as well. So before I start launching

18 into it.

19 One of the issues before you is

20 whether or not there are alternatives that could

21 preserve more of the essential elements of the

22 project without -- while achieving the special


369

1 merit benefits.

2 And I do have some questions actually

3 about what's going on at the design phase

4 actually.

5 At what level of design are they at.

6 They're representing that this project is one of

7 special merit, represents exemplary architecture

8 and I have a series of questions about what's

9 going on in terms of level of design, phasing and

10 permitting. So I guess I would ask, I assume

11 nobody testified to that but I would like to ask

12 a series of questions about that.

13 DR. BYRNE: So there's -- we are

14 passing upon a project that has been put forward

15 as it's described in the documents.

16 And I don't know what more there is to

17 argue about that. What would be missing from

18 just passing on the application to present?

19 MS. FERSTER: Well certainly in terms

20 of the exemplary architecture.

21 DR. BYRNE: To the extent the

22 architecture is not complete.


370

1 MS. FERSTER: That's correct.

2 DR. BYRNE: Okay. Then that weakens

3 the case for exemplary architecture.

4 MS. FERSTER: Right. So I would like

5 to ask questions about the status of the design

6 process and drawings relating to that in terms of

7 that issue.

8 MS. BROWN: And I would object because

9 the plan before you is the master plan. It is

10 what it is. And to go down this path of trying

11 to figure out have there been more design

12 revisions to it, it doesn't matter.

13 This is the plan that's before you

14 today.

15 DR. BYRNE: And the plan does not

16 specify the final designs. We're very far from

17 the final designs.

18 MS. BROWN: The new construction

19 permit is not before you. What is before you is

20 the special merit on the demolition --

21 DR. BYRNE: Exemplary architecture is

22 part of the argument.


371

1 MS. BROWN: Absolutely.

2 DR. BYRNE: And what I think you're

3 saying is that I have to evaluate that on the

4 basis of what's been presented to me.

5 And insofar as it doesn't have

6 complete drawings of final buildings that's a

7 factor to be considered in assessing it.

8 But I don't know that it's --

9 MS. FERSTER: I just want to ask them

10 what the status of design is so that -- as you

11 said it is a factor.

12 DR. BYRNE: Well, that sounds like a

13 fairly harmless question.

14 MS. BROWN: It is harmless. I just

15 want to make sure I understand how these things

16 work and that one question leads to another.

17 Once we start answering it then we open the door.

18 That's why I want to make sure that we

19 answer one, we don't get six more on this

20 harmless question.

21 And I think it's pretty standard in

22 these special merit cases to have concept plans.


372

1 And what is before you is it.

2 And we know that it has to go back to

3 the historic preservation for -- HPRB for final

4 review. That's their job.

5 MS. FERSTER: Let me start asking and

6 then please start objecting.

7 DR. BYRNE: Go ahead and ask the

8 question.

9 MS. FERSTER: So, what level of design

10 has been completed for each of the phases of the

11 projects.

12 MR. THAKKAR: I'll take that. The

13 design as put forth in the PUD before the Zoning

14 Commission that was originally approved is the

15 level of design that has been undertaken to date.

16 I do want to note that both the HPRB

17 and the Zoning Commission spent an incredible

18 amount of time in hearings on the architecture on

19 each building, looking at townhouses and how they

20 relate to multifamily and how that relates to

21 buildings across the street.

22 So Matt, you can maybe provide more


373

1 detail, but that's the level of architecture that

2 was provided.

3 Everything that the Mayor's Agent is

4 seeing is where we are with design. And there's

5 been a lot of commentary and other commentary on

6 that level of design.

7 MS. FERSTER: And has the Mayor's

8 Agent been provided with the level of design you

9 provided the Zoning Commission?

10 MS. BROWN: They're the exact same

11 drawings. And I'm jumping in to answer this

12 because I think this is the door that's starting

13 to open.

14 The plans that have been submitted to

15 the Zoning Commission, they are the same plans

16 that have been submitted here.

17 And we can't change anything in the

18 Mayor's Agent drawings because it will affect the

19 Zoning Commission and vice versa. They go hand

20 in glove.

21 MS. FERSTER: That wasn't my question.

22 I guess the question is what remains to be done


374

1 beyond what you've submitted to the Mayor's Agent

2 and to the Zoning Commission in terms of level of

3 design.

4 I'm not an architect or a construction

5 person so I don't know that answer to that

6 question. That's why I'm asking.

7 DR. BYRNE: Can you answer it in a

8 general way?

9 MR. BELL: In a general way once

10 approval is obtained through the Mayor's Agent we

11 would have to go back and get approval from the

12 preservation office for final design.

13 MS. FERSTER: So that's the next step

14 is final design.

15 MR. BELL: Typically what you do is

16 you take the drawings probably through DD and you

17 ask for a preliminary review with the Historic

18 Preservation Office, and they make comments, and

19 then you submit them for final design.

20 And they do look back at what was

21 submitted as approved as a basis for judging

22 coherence with that.


375

1 So if there are changes they note them

2 and tell you about them. And you talk about

3 them. Generally there aren't changes.

4 MS. FERSTER: Generally there are.

5 And what level -- there are not.

6 MR. BELL: No. You have to basically

7 stick by what you've submitted.

8 MS. FERSTER: Okay. But you're going

9 to a finer level of design in the final plans.

10 MR. BELL: You have to make a set of

11 construction documents and that requires detailed

12 development.

13 MS. BROWN: I think that we need to

14 cut this off at this point because we've answered

15 all the design development questions that are

16 irrelevant because it's part of the proceeding.

17 (Simultaneous speaking.)

18 DR. BYRNE: -- because that seems to

19 me to be a complete answer. But I --- Ms.

20 Ferster, are you done with that line?

21 MS. FERSTER: Well, I was going to

22 follow up and say in terms of your timeline that


376

1 you identified if there are some deviations

2 between the approved design concepts that were

3 submitted here, the final plans, what happens.

4 How are those reconciled. And does it come back

5 to the Mayor's Agent.

6 MS. BROWN: I think that's a question

7 for her to ask her staff.

8 DR. BYRNE: That's a staff question.


10 MS. FERSTER: The court of appeals

11 specifically said the Mayor's Agent cannot defer

12 to other agencies including HPO for its

13 responsibilities.

14 DR. BYRNE: Yes, but my

15 responsibilities don't go to new construction,

16 they go to demolition of a subdivision.

17 MS. FERSTER: Okay, and they go to

18 this project of special merit, and the argument

19 that it's consistent with the purposes of the

20 act.

21 DR. BYRNE: Right. So that if I

22 approve a project of special merit based on


377

1 exemplary architecture and then something

2 completely different goes to the -- something

3 substantially different goes to the HPRB that's

4 not -- you can't do that. They can't proceed

5 with the demolition if the basis for the approval

6 is exemplary architecture which has changed.

7 MS. FERSTER: And who makes that

8 judgment given the fact that it's possible that

9 there are changes that you might not consider

10 significant enough to warrant to bring to the

11 Mayor's Agent?

12 MS. BROWN: And I need to ask who

13 you're directing that question to. That's a

14 legal conclusion that you're asking from the

15 applicants.

16 MS. FERSTER: Excuse me?

17 DR. BYRNE: It would be a question for

18 the HPO staff to I think in the first instance.

19 MS. FERSTER: Will the HPO staff be

20 testifying today?

21 DR. BYRNE: I don't know.

22 MS. FERSTER: If they do I will ask


378

1 that of the HPO staff.

2 So let me continue to work backwards

3 here. Okay, Mr. Thakkar. Before you testified

4 you kind of made a point where you said that

5 Vision McMillan Partners not the District of

6 Columbia is paying for the -- and you

7 specifically said appeal work.

8 Were you referring to the D.C. Court

9 of Appeals work?

10 MR. THAKKAR: I was referring to since

11 the remand was issued for both the Zoning

12 Commission and the Mayor's Agent Vision McMillan

13 Partners has been funding the -- that's what I

14 call the appeal work.

15 MS. FERSTER: The soft costs.

16 MR. THAKKAR: Attorney's fees.

17 MS. FERSTER: Okay. And so that is

18 starting in December 2016 VMP is assuming those

19 costs?

20 MR. THAKKAR: I don't know the exact

21 date but for that body of work.

22 MS. FERSTER: And you -- and I think


379

1 I've written this down in my notes, Mr. Thakkar,

2 in response to your testimony that a number of

3 people did present arguments about your very

4 firmly held belief that this project should be

5 approved as being consistent with the purposes of

6 the Preservation Act which would be an

7 independent basis for approval other than the

8 special merit. Is that your argument?

9 MR. THAKKAR: That is one of our

10 arguments.

11 MS. FERSTER: Okay, so why didn't you

12 bring this really great argument previously

13 before the Mayor's Agent?

14 MS. EIG: I've done Mayor's Agent

15 hearings since I think it's 1981. The use of the

16 consistent with the purposes of the act and/or

17 special merit was fairly common.

18 However, the Victor Building case, the

19 D.C. Preservation League threatened to sue on the

20 basis that there was no possibility that

21 consistent with the purposes of the act could be

22 real.


380

1 And that threat was very intense --

2 I'm putting my own words on it. Subsequently

3 there were one or two, I don't know how many

4 cases that were proceeded.

5 But it became very clear that the

6 Preservation League was going to cause problems

7 in cases where they could be special merit. They

8 only needed to be one, they didn't need to be

9 both consistent and special merit.

10 That purpose started to just not be

11 used because it wasn't necessary and it was

12 painful to have to go through the appeal that

13 then would be found to be wrong, but the fact is

14 delay would happen. They would not succeed in

15 court, but the fact is that delay happened. So

16 that it stopped being used.

17 That was the way it was and then this

18 court of appeals decided that we should have been

19 using consistent with the act which does make

20 sense because it was in the act, it's in the law

21 that this is one of the possibilities of what you

22 can do and there's certainly as I said examples


381

1 that historically we had used to explain what was

2 consistent with the act.

3 So we were actually -- personally I

4 was very grateful that the court had made that

5 decision to clarify that issue that that was a

6 reasonable approach to seeking a Mayor's Agent

7 hearing.

8 MS. FERSTER: So you view the D.C.

9 Court of Appeals as inviting you to go and make

10 this argument.

11 MS. EIG: No, clarifying it,

12 clarifying it. And I think that they did -- I'm

13 not the lawyer here, I think Ms. Brown will have

14 to answer. I think it was clear that they said

15 that they should -- this case should be heard on

16 those grounds. I am a lay person on this.

17 MS. FERSTER: You are. I would

18 suggest that perhaps it was more in response to

19 the Mayor's Agent order that invited you then to

20 --

21 DR. BYRNE: So I've already ruled.

22 I'm clear as day that this issue is appropriate


382

1 for this hearing.

2 You can argue what you want to the

3 court of appeals about whether they waived it or

4 something, but I'm absolutely clear that --

5 MS. FERSTER: It's not the waiver

6 issue that I'm --

7 DR. BYRNE: Well, waiver, res

8 judicata, whatever.

9 MS. FERSTER: No, this is not a res

10 judicata. This is simply an interpretation that

11 the D.C. Court of Appeals -- with all due respect

12 I think when you presented this issue and invited

13 the applicants to make this new argument you were

14 misinterpreting what is dicta in the court of

15 appeals language as a whole.

16 DR. BYRNE: I don't think it is dicta.

17 You're not going to get anywhere arguing that.

18 MS. FERSTER: Not with you.

19 DR. BYRNE: Not with me.

20 MS. FERSTER: So I guess my question

21 would be did this idea -- one month between when

22 the Mayor's Agent issued his order and when the


383

1 identifying issue number one, this is to anybody,

2 and when the D.C. Court of Appeals issued this

3 decision was this language over the significance

4 of which or the precedential value of which we --

5 is disputed here.

6 The minute that decision came down did

7 you say yes, let's go and make a consistency with

8 the purposes of the act, or was this new strategy

9 formulated after the Mayor's Agent issued his

10 order?

11 MS. BROWN: I would --


13 MS. FERSTER: Okay. Mr. Bogorad,

14 let's see. I have a couple of questions about

15 your testimony.

16 You talk about over a 30-year period

17 the project will generate over $1 billion in net

18 fiscal benefits. And you're saying that's

19 subtracting $874 million in expenditures.

20 MR. BOGORAD: No, you misunderstood.

21 The statement is $1.183 billion in district

22 revenues. So that's gross. That's all the


384

1 revenues. And then a net fiscal benefit after

2 taking account of expenditures of $874 million.

3 MS. FERSTER: Right. And my question

4 is what are those $874 expenditures and whose

5 expenditures are they?

6 MR. BOGORAD: Okay, first of all

7 you're still misunderstanding my sentence. There

8 are three things. I didn't quantify it but I can

9 do it in a second.

10 So there's the gross revenue which is

11 all of the taxes and other things that would come

12 to the district as a result of this project.

13 That's $1.183 billion.

14 Just doing it off the top of my head

15 it looks like about roughly $300 million of

16 expenditures which to get a net impact you take

17 that out of the $1.184 billion, this is what the

18 judge asked about earlier, and then the remainder

19 is the net impact, that's what the district gets

20 after the expenditures which were -- to the

21 project are taken into account. So that's $874

22 net.


385

1 To answer the question of what are

2 those expenditures it's what I explained earlier

3 to Professor Byrne which is that these are an

4 allocation of various budget items in the

5 district budget as is done in these kinds of

6 studies when the net impact is calculated that

7 are estimated to be attributable to a particular

8 project, particular housing, some school kids,

9 those costs are allocated, employment types of

10 things.

11 It's assumed that you'd have a certain

12 share of police costs and fire costs and other

13 things of that sort that get allocated. And

14 that's what those $300 million or so are.

15 MS. FERSTER: Okay. And so do the

16 District of Columbia revenues that are being

17 actually directly spent on the preparation of the

18 site for example, do they factor into that $874

19 million?

20 MR. BOGORAD: No, this has nothing to

21 do with costs of the development or anything of

22 that sort.


386

1 MS. FERSTER: Okay. So, you had -- in

2 your testimony you talked about -- and I need to

3 pull that testimony actually out, your written

4 testimony.

5 You talked about a number of projects

6 that you believed offered both fiscal benefits in

7 terms of tax revenue and employment benefits that

8 were you say comparable to the fiscal employment,

9 the other projects.

10 And then you mentioned them and you

11 felt that the benefit that you've identified for

12 the McMillan development were in excess of those

13 projects.

14 And I wrote down the wharf project,

15 the D.C. United project, the Shops at Dakota

16 Crossing, St. Elizabeth's Hill East, and Rhodes

17 Tavern as projects that you felt were -- offered

18 lower fiscal and employment benefits than this

19 project, lower numbers.

20 MR. BOGORAD: Right. Just to clarify

21 the first part of your question though is not

22 correct. I did not say that these have


387

1 comparable benefits.

2 I specifically said these are some of

3 the many projects that do not have as much

4 benefit as this project. And undoubtedly some

5 others that have a lot of -- in the same range of

6 positive.

7 MS. FERSTER: So you were not offering

8 these as projects that were comparable in either

9 land area or gross square feet of development to

10 the McMillan project?

11 MR. BOGORAD: I wasn't paying any

12 attention to that. There were other projects on

13 the site that you had mentioned in your letter.

14 You had said -- you picked out a few including

15 actually some of the ones which when I looked at

16 the impact that were on that website they were

17 not nearly as positive as McMillan was.

18 MS. FERSTER: Okay. But you didn't

19 look and see whether they were comparable in

20 terms of size or gross square feet.

21 MR. BOGORAD: No, I didn't.

22 MS. FERSTER: Okay. Moving backwards.


388

1 Let's go to Mr. Weers. There's a particular

2 slide that I was interested in that I'm going to

3 call your attention to in your presentation.

4 And that would be slide number -- I

5 guess it's on page 184, it's called off campus

6 healthcare real estate.


8 MS. FERSTER: I'm sorry, that wasn't

9 the slide. Okay, here's the slide I'm looking

10 for. Page 175, healthcare real estate landscape.

11 And I believe you referenced this

12 slide in the context of your discussion about how

13 the District of Columbia has an aging healthcare

14 infrastructure and it hasn't been improved -- no

15 new healthcare facilities have been constructed

16 and that it therefore needs this new healthcare

17 facility that you're building qualifies as

18 special merit.

19 Is that a gross summary of the

20 context?

21 MR. WEERS: No, ma'am, it's not. That

22 claim was made with the prior slide. The point


389

1 related to this slide was about healthcare real

2 estate in proximity to the hospital. So off

3 campus healthcare real estate likes to be next to

4 hospitals.

5 MS. FERSTER: Oh, gotcha. Okay. So

6 let's go to the prior slide then and that's the

7 slide where you talk about -- let's stay on this

8 slide actually because in the context of your

9 point that in the District of Columbia which you

10 made in the context of the prior slide you know

11 has increased population, no increased or

12 improvements in healthcare facilities, I'm

13 looking at this slide on page 175 and it looks to

14 me like where the greatest -- there are no

15 healthcare facilities east of the river. Is that

16 correct?

17 MR. WEERS: No, that's not correct.

18 There's a lot of red dots east of the river.

19 MS. FERSTER: Okay, yes, I see that.

20 And so in terms of size though I guess -- I don't

21 know why I just blanked out on that -- in terms

22 of size these are little healthcare facilities,


390

1 right?


3 MS. FERSTER: Okay. So the big

4 healthcare facilities are not east of the river.

5 MR. WEERS: There are some. I would

6 point to United Medical Center is pretty big.

7 MS. FERSTER: Okay. So two?


9 MS. FERSTER: So compared to the rest

10 of the city where there are much larger

11 healthcare facilities it seems to me that there's

12 more of a need for improved healthcare facilities

13 east of the river, would you agree based on this

14 slide?

15 MR. WEERS: No, ma'am, I would not.

16 I think what you're hearing from me as a point

17 about the overall aging infrastructure of the

18 city it is citywide.

19 The healthcare infrastructure across

20 the city is old and it all needs to be upgraded I

21 think is what you're hearing me saying.

22 MS. FERSTER: Okay. So your point was


391

1 not that there are not enough healthcare

2 facilities for example anywhere in the District

3 of Columbia, your point was that it's aging.

4 MR. WEERS: It's both. There is not

5 enough and it is all old.

6 MS. FERSTER: Okay. In terms of our

7 project area it is both in our project area? Are

8 there not enough healthcare facilities, or are --

9 MR. WEERS: There is not enough. And

10 I think the point of there is not enough when you

11 talk about McMillan specifically is seen in the

12 day-to-day activities at the Washington Hospital

13 Center and the systems that are there.

14 There are too many people and too much

15 stuff going on inside of the boxes. They need

16 more. Which is why I think net expansion is a

17 good thing at McMillan.

18 But if I could, and I don't want to

19 jump but I think this is where you're going so I

20 might as well talk about it, right.

21 I feel like we have talked about the

22 concept of whether or not we should be


392

1 concentrating additional healthcare uses or

2 dispersing healthcare uses throughout the city.

3 And there's a suggestion that somehow

4 additional development at McMillan where there's

5 already a concentration of healthcare is an

6 either/or and that that would somehow take away

7 from the idea that it could be dispersed

8 throughout the city and it's simply not true.

9 So if that is your question I

10 appreciate it, and I think we should talk about

11 it because these two things are not mutually

12 exclusive.

13 MS. FERSTER: I actually have a

14 different question but thank you for that

15 thought.

16 My question was what I hear you say in

17 your response is that the Washington Hospital

18 Center as a particular healthcare provider is

19 feeling pressed by the constraints of its

20 infrastructure and its campus.

21 But that doesn't to me say anything

22 about the larger needs in this area where I see a


393

1 lot of other healthcare facilities in the

2 immediate area.

3 MR. WEERS: I am making statements

4 about both. I am making a statement about the

5 overall system, and then I'm drilling down to a

6 small part of the system and making a consistent

7 statement about the small part.

8 MS. FERSTER: Okay. So that's your

9 testimony in terms of the citywide issue.

10 So perhaps I should ask a different

11 question. I guess I would ask you more

12 specifically aside from the constraints that the

13 Washington Hospital Center is experiencing as a

14 result of the physical limits of its campus what

15 evidence do you have that in the larger area

16 surrounding the site that include a number of

17 other healthcare facilities that the healthcare

18 needs of that population of the city is not being

19 adequately met?

20 MR. WEERS: So, I think one example of

21 that information is on the slide right before the

22 slide you are talking about.


394

1 So, the level of healthcare facilities

2 per capita in Washington, D.C. is at the bottom

3 of the list.

4 The idea being we do not have enough

5 supply in the city for the population that we

6 have and thus if we are also a growing city and

7 more people are moving in and we are already

8 ranked at the bottom of the list that problem is

9 getting worse.

10 I think what I am also making the

11 point of though is not illuminated on that slide.

12 It is the facilities themselves are very old. So

13 they are old, there's not enough of them, and we

14 don't build them fast enough.

15 While we are in a growing city and we

16 are putting more demands on the facilities that

17 we have.

18 MS. FERSTER: Okay, because this slide

19 doesn't really answer my question because this

20 slide talks about the overall healthcare

21 facilities versus population ratio for the

22 entirety of the District of Columbia.


395

1 And I'm really particularly looking at

2 the needs of this area surrounding the McMillan

3 site.

4 Do you have evidence or data that

5 deals with the ratio of population to healthcare

6 facilities in the McMillan area?

7 MR. WEERS: No, ma'am.

8 MS. FERSTER: Thank you. Okay, so you

9 very helpfully specified a number of outpatient,

10 clinical exam room, oncology, diagnostic

11 services, MRIs, mammogram, that type of services

12 that would be offered at the healthcare facility.

13 And perhaps it would be appropriate at

14 this point to ask you all of these services, most

15 of these services are services that would require

16 certificates of need from the District of

17 Columbia.

18 Have you contemplated applying for a

19 certificate of need?

20 MR. WEERS: So, yes, some of those

21 services may require a certificate of need. And

22 if our tenants for the project decide to provide


396

1 services that require a certificate of need they

2 will go through that process.

3 Yes, we have contemplated it. It is

4 a part of our overall project schedule.

5 And when you're talking about parcel

6 1 healthcare facilities you're talking about

7 facilities that would be delivering at the

8 earliest in 2022. So, we see no problem with the

9 schedule.

10 MS. FERSTER: So, it's entirely

11 possible that an application for a certificate of

12 need could be denied by the District of Columbia

13 at that point and then they would not be able to

14 offer those services.

15 MR. WEERS: Yes, ma'am, that is

16 possible. What I would say as a more fulsome

17 answer is a part of the analysis that any

18 healthcare system is doing when they're making a

19 commitment of this magnitude is thinking about

20 those services, thinking about that certificate

21 of need process, and making sure that they feel

22 confident that they will get through that


397

1 process.

2 When you talk about the large hospital

3 operators they're pretty good at this. And so

4 they're not going to make this decision and make

5 a commitment of this magnitude if they aren't

6 sure that they're going to make it through the

7 process.

8 But in a theoretical context, sure.

9 MS. FERSTER: And so is that -- since

10 you do not have an anchor tenant for this

11 building perhaps that is one of their concerns?

12 MR. WEERS: I don't believe so. I

13 spend a lot of time talking and negotiating.

14 MS. FERSTER: Okay, so would a main

15 tenant be willing to make the commitment to move

16 into a building where they -- which was

17 specifically designed to accommodate these types

18 of services that require licensure by the

19 District of Columbia without any caveat or

20 condition about their ability to get that

21 licensure?

22 MR. WEERS: Yes, ma'am. It happens


398

1 all the time. It's part of the natural process

2 of how these buildings are developed.

3 MS. FERSTER: Okay. So you secure

4 your tenant and then they would -- would they

5 apply for that certificate of need after they

6 move in or before?

7 MR. WEERS: Before.

8 MS. FERSTER: And what if they're

9 denied? Would that affect your ability to retain

10 that anchor tenant?

11 MR. WEERS: So, in theory yes that

12 would be a problem. In the same way that if the

13 building fell down while we were constructing it

14 it would be a problem.

15 In the same way that if a meteor hit

16 the Earth before we finished constructing it it

17 would be a problem. There are a lot of

18 theoretical I would argue unrealistic things that

19 could happen that would be a big problem for us.

20 MS. FERSTER: And this may or may not

21 be a question for you. It could be a question

22 for Mr. Thakkar or somebody else who has had a


399

1 longer involvement in this project.

2 Perhaps, Mr. Thakkar, since you are

3 the -- are you the project partner who has been

4 in this project the longest? You said 10 years?

5 MR. THAKKAR: I have been involved

6 since its inception.

7 MS. FERSTER: You were part of the

8 original team.

9 MR. THAKKAR: I was.

10 MS. FERSTER: Okay. And Trammel Crow

11 was not part of the original team.

12 MR. THAKKAR: Not at the original

13 inception, no.

14 MS. FERSTER: Okay. So, originally

15 you did not have a healthcare facility that was a

16 component of this project at that point.

17 Originally.

18 MS. BROWN: Can I ask the relevance,

19 please?

20 MS. FERSTER: Well, the healthcare

21 facility is being presented here as a special

22 merit, a key need for the city and it just occurs


400

1 to me that the healthcare facility seems to be an

2 afterthought.

3 In that the District of Columbia

4 identified a development team that did not

5 include a healthcare facility. They picked a

6 development team that did not include a

7 healthcare facility so clearly the District of

8 Columbia at that point didn't particularly think

9 that that was a key benefit they wanted to offer.

10 MS. BROWN: And I'd say still it's

11 irrelevant because we've heard testimony from the

12 Deputy Mayor today and this team saying that it

13 is a need for the project and it's what's before

14 the Mayor's Agent.

15 DR. BYRNE: I think I agree with that.

16 I think I'm going to sustain the objection.

17 How long has the healthcare facility

18 been part of the planning process? Mr. Thakkar,

19 either one of you, but just to clarify the

20 healthcare facility has been part of the process

21 for how long?

22 MR. THAKKAR: 2009. Eight years.


401

1 DR. BYRNE: Okay, thank you. And the

2 first application to the Mayor's Agent was in

3 2013.

4 MS. FERSTER: Mr. Thakkar, who is

5 Terry Eakin? He's the chairman of EYA?

6 MS. BROWN: Relevance?

7 MS. FERSTER: I'm going to hand you an

8 exhibit that was submitted to the Zoning

9 Commission so you are familiar with it --

10 MS. BROWN: Again, relevance. This

11 was not part of direct testimony.

12 DR. BYRNE: Where are we going with

13 this?

14 MS. FERSTER: I believe that Mr. Weers

15 and others have testified that the healthcare

16 facility is the economic driver of this project.

17 I understand that is the position

18 going -- that has been the position since the

19 healthcare facility component was added.

20 But suddenly on remand the healthcare

21 facility becomes a special merit because of all

22 sorts of public needs. And this is a change.


402

1 And so I think I'm entitled to test at

2 this point was it added because it's the economic

3 driver of the project, or was it added because

4 the District of Columbia felt that there was an

5 important need to improve our aging healthcare

6 infrastructure and this would be an overriding

7 benefit of special merit.

8 MS. BROWN: And I think the premise of

9 the question is wrong in that she stated facts

10 that may not be factual.

11 And that is that it suddenly changed

12 when it came back down from the D.C. Court of

13 Appeals. And I think that the healthcare

14 facility was argued to the previous Mayor's Agent

15 as a component of special merit as well as the

16 medical district. So we have nothing new and

17 nothing to impeach.

18 MS. FERSTER: I think the Mayor's

19 Agent's decision is pretty clear that he didn't

20 see any evidence that it was a special merit

21 benefit on its own, but that it was the synergy,

22 the economic synergy that the healthcare facility


403

1 offered.

2 So I imagine the Mayor's Agent had in

3 reconciling inconsistent evidence he would have

4 cited it.

5 DR. BYRNE: So my sense is that the

6 court of appeals asked me to get clear and to

7 make a clear ruling on whether the healthcare

8 facility was a project of special merit.

9 And my understanding is that the

10 applicants have then focused the presentation on

11 that question to try to argue that it is.

12 And it either is or it isn't. And I

13 don't think it really matters what happened in

14 2006 in regards to the project. It either is or

15 it isn't a project of special merit, an element

16 of special merit.

17 MS. FERSTER: I mean, I think I will

18 present this email later on then because part of

19 our proof is that special merit for the

20 healthcare center is just another sort of

21 throwing things into -- an effort to retrofit

22 special merit onto a component that was never


404

1 intended to be special merit.

2 DR. BYRNE: I don't know if it matters

3 whether the parties intend something to be

4 special merit. It either is special merit or it

5 isn't.

6 MR. WEERS: And I'm sorry, but part of

7 the point that is being made as well is that the

8 addition of new healthcare facilities to a city

9 that does not have enough supply is a good thing.

10 Part of my testimony is that we have

11 not built a major healthcare facility in this

12 city since 2002. So the idea that somehow

13 someone is just deciding that healthcare is

14 important is not the point.

15 In 2007 we had the same level of major

16 healthcare facilities in this city as we do 10

17 years later. The existing buildings are just

18 older. So the need is greater.

19 MS. FERSTER: Okay. Well, let me see.

20 DR. BYRNE: So I'm now thinking about

21 how long this is going to go. And I'm sort of

22 torn between two poles.


405

1 One is I'd like to think that we

2 wouldn't have to have -- obviously we're going to

3 have to have another later hearing and everybody

4 of course is very pleased with that.

5 And it's going to be Monday at 9 a.m.

6 I would like to think that we could conclude the

7 cross examination so that all these witnesses

8 would not have to come back because they're all

9 busy people.

10 But I don't -- so there is the -- Ms.

11 Ferster is not finished. I don't know how long

12 she'll take. Mr. Otten has not had a chance to

13 cross examine the witnesses.

14 So, I'm open to suggestions. I live

15 a relatively boring life. I can stay longer but

16 shall we go on for awhile?

17 MS. BROWN: My preference is that at

18 least we could get through FOMP's cross

19 examination today.

20 DR. BYRNE: Yes, I'm not suggesting we

21 stop right now, but I'm just sort of -- we can

22 think about this a little bit more.


406

1 But we'll go on. Ms. Ferster, can you

2 estimate how much longer? Just I'm not going to

3 hold you to it.

4 MS. FERSTER: I have a number of

5 questions. I know that. So I mean, given Ms.

6 Brown's example of estimating I think I will try

7 not to do that.

8 DR. BYRNE: All right. Well let's

9 just go on for awhile and see till people start

10 to drop out.

11 MS. FERSTER: So, I did not have your

12 slides in front of me when you were testifying so

13 perhaps they are -- this question will be

14 answered in your slides.

15 But I understood that you said that

16 subsequent to the structural report from Silman

17 that was put in the record that Kirk Mettam

18 testified for the last year which was I guess

19 maybe the 2014 you indicated that you had done I

20 wrote down additional investigations have been

21 performed.

22 And you said your findings have not


407

1 changed.

2 MR. THAKKAR: That's correct.

3 MS. FERSTER: So have your additional

4 investigations resulted in any kind of written

5 report or anything that you have provided to your

6 client?

7 MR. THAKKAR: We have provided

8 internal documents as part of the design process

9 but we have not issued anything.

10 MS. FERSTER: Okay. So I can rely on

11 the 2014 Silman report then in terms of nothing

12 has changed in that report.

13 MR. THAKKAR: Correct.

14 MS. FERSTER: Okay. A couple of

15 questions about some statements you made, you in

16 particular.

17 You talked about the different

18 techniques for reinforcing the cells in order to

19 allow for either some reuse or even just -- or

20 overbuild.

21 And please correct me if I'm wrong but

22 did you say that in both of those situations that


408

1 those reinforcement techniques would -- and I

2 wrote down either both eliminate and destroy the

3 historic value of the cells.

4 Are you talking about only the

5 adaptive reuse without overbuild, or are you

6 talking about overbuild, or both?

7 MR. THAKKAR: I'm sorry, can you

8 repeat that?

9 MS. FERSTER: Okay, so let's just talk

10 about adaptive reuse then without any overbuild.

11 Let's assume that there's nothing built over more

12 of the cells.

13 And I believe there are some cells

14 that are extant in the southern portion of the

15 site where there is no -- which will not be

16 demolished. Where the park is. Are there some

17 cells that will not be demolished that would

18 remain, or is everything going to be demolished?

19 MR. THAKKAR: A portion of filter 28

20 overlay.

21 MS. BROWN: I'm sorry, could I just

22 ask a point of clarification. You use the word


409

1 adaptive reuse option. And I don't know that he

2 used those terms.

3 MS. FERSTER: Let me just say we do

4 have -- let's just say you talked about in order

5 to preserve those cells without building anything

6 over them was it your testimony that they would

7 require reinforcement techniques that would

8 destroy the historic value of the cells.

9 MR. THAKKAR: No, what I said was in

10 order to allow any occupancy on the topside would

11 require structural intervention.

12 MS. FERSTER: And that structural

13 intervention you said would destroy the historic

14 value of the cells.

15 MR. THAKKAR: Not for a topside use,

16 no.

17 MS. FERSTER: Okay. So when you said

18 destroy the historic value of the cells you were

19 more talking about the structural interventions

20 that would be required in order to build over the

21 cells.

22 MR. THAKKAR: Correct.


410

1 MS. FERSTER: And again when you say

2 would also destroy the plinth you mentioned that

3 the plinth would be destroyed by some of the

4 reinforcement techniques.

5 Again, were you talking about the

6 reinforcement techniques that would be necessary

7 to build over the cells, or just to render them

8 occupiable.

9 MR. THAKKAR: That was in reference to

10 a question from Mr. Byrnes about whether you

11 could just build completely over. If you were to

12 build over a 150 feet stand you would destroy the

13 plinth because we do not have the depth needed.

14 MS. FERSTER: Okay. So, yes. It's

15 related to overbuild again. Okay. That was all

16 for you.

17 MR. THAKKAR: Thank you.

18 MS. FERSTER: I have another question

19 for Mr. Weers and his slides.

20 Okay, so you -- this is a question

21 about the slides on page 184 of your booklet.

22 And that talks about the off campus healthcare


411

1 real estate vacancy rate.


3 MS. FERSTER: Perhaps I misheard it,

4 but you were -- your point in providing this

5 slide was to show that there was a need for

6 healthcare real estate since there was a vacancy.

7 MR. WEERS: No, ma'am.

8 MS. FERSTER: Okay, thank you. Help

9 me understand this.

10 MR. WEERS: The point of the slide

11 that shows the off campus healthcare real estate

12 in our region is to highlight that the entire

13 region which is shown on this slide, so from

14 Dulles and Germantown to the west and north to

15 Bowie and Brandywine to the east and south is

16 only about 12.5 million square feet in total

17 region. Big picture, big geographic area.

18 When you zero down into the District

19 of Columbia proper the total off campus

20 healthcare real estate market is only about 1.3

21 million square feet.

22 So my point is simply to highlight the


412

1 size of the market and to highlight that the off

2 campus healthcare real estate market in the

3 entire city is only 1.3 million square feet.

4 My further point is then to highlight

5 that the largest individual building within that

6 1.3 million square foot market in the District of

7 Columbia is 160,000 square feet.

8 The final point being the market shows

9 us that healthcare real estate when left to its

10 own devices and not being done the way that we're

11 doing it at McMillan, the largest project ever

12 build in the city is 160,000 square feet.

13 MS. FERSTER: Okay. So I was actually

14 interested in the vacancy rate that you also

15 provided, that there's a vacancy rate in this

16 healthcare real estate of 13.8 percent in

17 downtown D.C. and 17.41 percent in northwest D.C.

18 Chevy Chase.

19 I'm just curious because in the very

20 next slide you are talking about how there's

21 vacancy in general office meaning a softness in

22 the market at 12.6 percent. So it seems like


413

1 there's more vacancies in the healthcare real

2 estate market in the District of Columbia than

3 there are in the office market.

4 Can you explain that discrepancy and

5 why it's a weakness in the market in the general

6 office that level of vacancy, but somehow not a

7 weakness in the market in the healthcare real

8 estate?

9 MR. WEERS: It's actually a very good

10 point. I'm glad you asked it.

11 I would not suggest nor did I say that

12 the vacancy rates in the off campus healthcare

13 real estate slide that are highlighted at 13.8

14 percent and 17.4 percent are not weakness. They

15 are in fact weakness.

16 I think that this actually highlights

17 the point that if you're not doing the

18 development program that we are doing at McMillan

19 which is large scale, which is a mix of big

20 anchor tenants, small to mid-size organizations,

21 and then smaller tenants all combined together in

22 a campus that this is not a feasible idea.


414

1 So part of the point though it is a

2 tertiary part of the point, but part of the point

3 is if you don't do the big idea that we are doing

4 and you try to do some small building which is

5 what the population of off campus healthcare real

6 estate in the District of Columbia is it's not a

7 good time in the market.

8 The very nature of these projects are

9 very different. When you're talking about the

10 buildings that make up this population that is

11 highlighted on this slide you're talking about

12 small-scale medical office buildings.

13 What we are talking about is a big

14 campus, a mix of large anchor tenants that have a

15 whole range of services from outpatient

16 facilities to research labs to admin space mixed

17 in with mid-sized organizations, mixed in with

18 small doctor's offices. And these campuses have

19 a vibrancy all their own.

20 It's actually a general development

21 principle you can see in non-healthcare real

22 estate. You see it right now at the Shops at


415

1 Dakota Crossing. It happens in retail all the

2 time.

3 When you do a big large-scale project

4 and you get big anchor tenants like a Costco or a

5 grocery store or someone else they have gravity

6 all their own which is a completely different

7 thing than developing a small individual building

8 which is what is made up of the population that

9 we're talking about in this slide here.

10 MS. FERSTER: Okay. Well, it seems to

11 me that you have very eloquently explained why

12 because of the creativity of this particular mix

13 of use you are able to make a healthcare facility

14 work in this otherwise soft real estate

15 environment.

16 But what does that say about the need

17 overall in the District of Columbia for

18 healthcare real estate?

19 I mean, the fact that you've managed

20 to come up with a combination of factors that

21 makes it a profitable for this project.

22 MR. WEERS: So I think you're mixing


416

1 apples and oranges though there's nothing wrong

2 with mixing fruit.

3 I think that what you're looking at is

4 one tiny slice of the overall healthcare real

5 estate. This is a specific slice. It is the off

6 campus healthcare real estate which again is only

7 1.3 million square feet and it's really just a

8 collection of off campus medical office

9 buildings.

10 When we're talking about the overall

11 healthcare infrastructure of the city we're

12 talking about hospitals, we're talking about on

13 campus facilities, we're talking about a

14 significant amount of more real estate.

15 And the point of the need is that

16 these things that are doing a lot and are working

17 every day to treat people are really old and they

18 need to be upgraded and we need more of them.

19 And that is not at all refuted by a

20 13.8 percent vacancy rate in the six buildings

21 that make up this inventory in downtown D.C.

22 MS. FERSTER: Thank you.


417

1 MR. WEERS: You're welcome.

2 MS. FERSTER: Okay. Ms. Eig. I'm

3 going to start out by asking you a -- actually,

4 before I do that I do have other questions. I'm

5 saving the best for last.

6 So the slides actually, the slides

7 that are part of -- and this could be for Ms.

8 Eig, it could be for anybody else really, but

9 there are a number of slides that were presented

10 of alternative development plans that dated from

11 2006 to 2012.

12 And I guess I would ask Ms. Eig were

13 you involved in the development of any of those

14 plans, those alternative plans that were

15 developed between 2006 and 2012?

16 MS. BROWN: I'm sorry. Did you

17 testify to the alternatives? Because I don't

18 think she is the appropriate person to answer

19 that.

20 MS. FERSTER: No. I actually think

21 it's irrelevant and I believe she did talk about

22 alternatives so.


418

1 MS. BROWN:: But I think it's best to

2 direct those questions to the person who

3 presented the slides.

4 MS. FERSTER: Okay. Sure. That's

5 fine. Okay, who presented the slides?

6 DR. BYRNE: It was Mr. Bell.

7 MS. FERSTER: Okay, so Mr. Bell, was

8 Ms. Eig involved in the development of those

9 plans?

10 MR. BELL: Which ones in particular?

11 MS. FERSTER: 2000, the ones that were

12 dated 2006 to 2012, I think it was.

13 MR. BELL: I entered the project in

14 2010.

15 MS. FERSTER: Yes.

16 MR. BELL: And collaborated with her

17 starting that.

18 MS. FERSTER: Okay, so was she involved

19 in the, let's see, how many slides are there from

20 2010 to 2011 and 2012. Did she collaborate in

21 the review of the slides that were, I guess, the

22 2012 slides?


419

1 MR. BELL: Yes.

2 MS. FERSTER: And how about the 2012

3 slide, the 2012 plan?

4 MR. BELL: I just said yes.

5 MS. FERSTER: Oh, I thought you said

6 2010. So then all the plinths post 2010, 2010,

7 2011 and 2012?

8 MR. BELL: Yes.

9 MS. FERSTER: And so she reviewed them

10 and did she have an opinion about that?

11 MR. BELL: She did.

12 MS. FERSTER: And what was that

13 opinion?

14 MR. BELL: I don't think I can testify

15 to her opinion of those plans.

16 (Off microphone discussion)

17 MS. FERSTER: Okay, while we're talking

18 to Mr. Bell, let's just continue with him. You

19 talked about your view that the plan is

20 consistent with the character of the defining

21 features of the landmark.

22 I wrote that down as part of your


420

1 testimony. And what of the defining features

2 were you specifically referring to?

3 MR. BELL: The tripartite organization,

4 the plinth, the north and south service courts,

5 the silos, the regulator houses, the berm, the

6 Olmsted Walk.

7 MS. FERSTER: Okay. And maybe this

8 question is for Ms. Eig, but whenever it refers

9 to the plinth as being one of the defining

10 features in your 2014 report, where you

11 identified the features of the site and ranked

12 them in terms of key or significant key or

13 supporting in terms of significance. Does a

14 plinth come in as topography?

15 MR. BELL: I'm very glad you asked me

16 that question because I think you misunderstood

17 what I said earlier about the fact that I used as

18 the evaluation of significance the landmark

19 application that was written by others.

20 We went to their specific criteria, A,

21 B, and C, and that is what we used to rank the

22 relative level of significance. There are


421

1 questions in that report that we addressed. It

2 did not necessarily represent what I as a

3 professional would have done or evaluated as

4 significant.

5 And in fact, I thought that the plinth

6 and the Olmsted Walk were critical defining

7 features and tried to convince others of that for

8 many years.

9 MS. FERSTER: Okay. Thank you. So

10 just refresh my recollection. I don't have that

11 2014 report in front of me. Was the plinth, is

12 that the same thing as what's called topography

13 in that report or is the plinth a separately

14 defined structure in that report?

15 MR. BELL: The plinth is the structure

16 that was built by the core of engineers.

17 MS. FERSTER: That's not my question.

18 I understand what you're referring to.

19 MR. BELL: And it creates a flat level

20 topography. Okay. That has a berm on the side

21 which is why that the topography of the two

22 streets changes but the berm remains level.


422

1 MS. FERSTER: Yes. My questions are so

2 much more simple than that and it's probably

3 because I don't have the 2014 report in front of

4 me, but my recollection of the report, that

5 report, and I understand that you might use

6 different terms and you might not necessarily,

7 you know, use the same terms, but I'm wondering

8 where that report, the plinth is in Appendix I,

9 is identified in terms of, what it's called. Is

10 it called the plinth or is it called the

11 topography?

12 MR. BELL: The site resources includes

13 topography. The plane itself is considered a

14 landscape resource. So it's much more

15 complicated than you want it to be, I'm afraid.

16 MS. FERSTER: In Appendix I, it would

17 be identified under landscape resource?

18 MR. BELL: I believe that's correct.

19 I don't have a copy of that report. I'm sorry,

20 at this moment, I cannot remember everything that

21 we did.

22 MS. FERSTER: The --


423

1 MR. BELL: It was under a site. It was

2 a site resource.

3 MS. FERSTER: A site resource. Oh,

4 that sheet. Okay. So does that report rank it,

5 the plinth, as a key or a supporting, this type

6 resource, that the plinth is identified in. Is

7 it considered a key or a supporting significance

8 to the site?

9 MR. BELL: It was ranked, the

10 topography was key.

11 MS. FERSTER: Okay, but the plinth, you

12 said, is a part of the landscape element not --

13 MR. BELL: It's part of the topography.

14 MS. FERSTER: Okay.

15 MR. BELL: No, no, site resource. I

16 did not mean landscape. It's the grassy plain

17 but the plinth itself is part of the topography.

18 MS. FERSTER: Okay. So, perhaps it

19 would be useful if you could, from your

20 colleague, you could get that.

21 MR. BELL: I have it right here.

22 MS. FERSTER: Oh, Appendix I in front


424

1 of you?

2 MR. BELL: Oh, Appendix I?

3 MS. FERSTER: Yes, because that's the

4 chart of that I'm now specifically referring to,

5 is the Appendix I, the 2014 report where ---

6 MR. BELL: Should I have the right

7 Appendix, Appendix I.

8 MS. FERSTER: That's the 2014 report.

9 MR. BELL: Yes. There are many charts

10 in this book here.

11 MS. FERSTER: This one is definitely

12 Appendix I.

13 DR. BYRNE: Ms. Ferster, while she's

14 looking, can you look let us know where this is

15 going?

16 MR. BELL: Yes, I have it.

17 MS. FERSTER: Thank you very much.

18 So, you know, I mean Ms. Eig testified

19 about the fact that the project is consistent

20 with the purposes of the Act and noted

21 particularly the plinth as being, you know, a

22 really important element of preservation and I'm


425

1 just trying to reconcile --

2 MS. EIG: It's not identified as the

3 plinth. It's topography.


5 MS. EIG: No identification of a plinth

6 in Appendix I.

7 MS. FERSTER: Okay. The plinth is

8 nowhere but topography?

9 MS. EIG: Correct.

10 MS. FERSTER: Okay. So, because you

11 said you disagreed with that report somehow, that

12 you argued very strongly that the plinth should

13 be, you know, given more significance and that

14 the report somehow didn't.

15 MS. EIG: The report reflected the

16 landmark designation. Not my personal opinion.

17 It was as approved by the Historic Preservation

18 Review Board. I cannot always agree with the

19 Historic Preservation Review Board.

20 MS. FERSTER: But in this case you do,

21 right? Because a topography is identified in the

22 key resource, right? So in the case of the


426

1 topography you would agree with that, to the

2 extent that the plinth is a significance, it's

3 topographical, that ---

4 MS. EIG: With topography, yes. I'm

5 sorry, I'm not understanding your questions.

6 MS. FERSTER: Yes. I mean you agree

7 with that, that the topography is a key resource.

8 Okay.

9 MS. EIG: I think that's what it says

10 here. Let's double check because you're asking

11 questions that, but I believe it says topography

12 is a, discusses the fact McMillan site retains

13 its artificial topography. Yes.

14 MS. FERSTER: Okay, good. And so the

15 plinth, when you refer to the plinth, you know --

16 MS. EIG: Which is actually as a result

17 of the research we did on the Olmsted, with the

18 Olmsted drawings of the Olmsted report, which was

19 not included in the landmark application.

20 MS. FERSTER: Okay. Great. And that

21 report was approved by the HPRP, you said?

22 MS. EIG: No ---


427

1 MS. FERSTER: The 2014 report?

2 MS. EIG: -- the historic preservation

3 plan was approved by the HPRP.

4 MS. FERSTER: Oh, okay. But you said

5 the historic preservation report somehow doesn't

6 ---

7 MS. EIG: The historic preservation

8 report uses the criteria of significance that was

9 from the landmark ---


11 MS. EIG: -- designation that was

12 approved by the HPRP.


14 MS. EIG: They identified what was

15 significant and that was my interpretation of

16 what they said and you will see, if you read the

17 report, that we asked, looked at specific

18 questions that we thought would elucidate what

19 that significance was, and that is what we used

20 to identify these resources.

21 MS. FERSTER: Okay. So in terms of the

22 Olmsted Walk though, you stated your personal


428

1 view that it's really a greater significance,

2 that it could be that hierarchy that identifies

3 the significance of merely being supporting

4 rather than key.

5 And so I take it you disagree with

6 that characterization but ---

7 MS. EIG: Because as I said, we learned

8 a great deal more about Olmsted than was in the

9 landmark application and that raised the

10 significance, in my mind, it raised significance

11 of the walk because you get character defining

12 feature.

13 MS. FERSTER: Okay. So are you willing

14 to go to the HPRP and ask them if they agree with

15 that characterization or how are --

16 MS. EIG: This sort of happened by

17 virtue of the process that we're in. Where we

18 have brought that to their attention, and that is

19 that they found this to be an important character

20 defining feature.

21 I don't think you're happy to have the

22 people who wrote that to revise that or I don't


429

1 think I would decide to rewrite their landmark

2 application which is what I used that instead of

3 deciding to reevaluate it on my own.

4 MS. FERSTER: Okay. For purposes of

5 consistency with the purpose of the Act and

6 evaluating it, should we treat the Olmsted Walk

7 as supporting per the landmark application or

8 should we ---

9 MS. EIG: You have confused

10 contributing with non-contributing, supporting is

11 contributing.

12 MS. FERSTER: I understand.

13 MS. EIG: And the Historic Preservation

14 office brought it to the attention of this team,

15 which supported a position that I had held, of

16 how important the retention of the plinth and the

17 Olmsted Walk was and HPRP concurred with that.

18 MS. FERSTER: Okay. I'm sorry to be so

19 struggling with it and it's because I really am

20 just trying to find out what is the standard that

21 we're measuring, the level of significance.

22 Don't interrupt me, please. Because I really


430

1 want to try and explain it, my question, so that,

2 because it's really not that complicated.

3 The report which you say is based on

4 the application, the designated landmark

5 application, ranks in terms of significance

6 various supporting features in the site in terms

7 of key and supporting, and some of them, I think,

8 there's another ranking, but I don't remember

9 what that last one is.

10 But I'm really just mostly interested

11 in the key or supporting. And you have said that

12 you disagreed personally with one of the rankings

13 in that report. So the question of what does a

14 mayor's agent do, because that report is, as you

15 say, the designated landmark, right, so who does,

16 when the mayor's agent decides what he waives,

17 the value of what is preserved against what is

18 being lost.

19 Does he go by your opinion or does he

20 go by the report? I mean, in terms of what the

21 landmark needs.

22 DR. BYRNE: Well, they're both


431

1 evidence. Ms. Eig's professional opinion is

2 obviously evidence. The report is evidence.

3 That has to be understood correctly as to what it

4 was in my function in this area.

5 MS. EIG: And understanding also that

6 we are talking about very small degrees of

7 difference. All of the components resources of

8 the landmark, there's nothing that was identified

9 that didn't contribute to that. A manhole cover

10 contributes to it.

11 And one must make an assessment of how

12 to balance. As I said, the original report was

13 suggesting approaches that we thought. This was

14 not used as the Bible that had to then be

15 followed to create the development. It was a

16 reference for the development.

17 And the development, as you know,

18 changed in terms of its design many times as

19 things were weighed as to what was important or

20 not. In the end, the design as it's presented

21 now, was the maximum preservation that could work

22 with ---


432

1 MS. FERSTER: I understand.

2 MS. EIG: -- what is being proposed.

3 MS. FERSTER: Right and that's a

4 different point, but I'm just trying to

5 understand how we weigh the report when you have

6 a difference of opinion.


8 MS. EIG: But the HPRP overrode these

9 recommendations to call for the plinth in the

10 Olmsted Walk to be preserved as a critical

11 defining feature, more important than others.

12 MS. FERSTER: Okay. So, I guess, can

13 you point me to where the HPRP identified the

14 plinth in the Olmsted, not the plinth, sorry,

15 because we agreed that that's consistent with the

16 report, but the Olmsted Walk --

17 MS. EIG: You're being silly, you know.

18 You're being a little silly, but okay.

19 MS. FERSTER: Okay, let me talk. I

20 want to finish my sentence. It's a good thing

21 we're friends. Where in the HPRP's specific

22 findings, I guess, in their record, where they


433

1 said we view, because of this, you know,

2 information that's come to light, we view the

3 Olmsted Walk as a key significance to the

4 historic landmark?

5 MS. EIG: Between the 2012 plan and the

6 2014 plan, the review board made its position

7 known in its discussions and its adoption of the

8 final plan.

9 MS. FERSTER: Right. And that was an

10 element that, you know, there are other elements

11 that you would clearly, like the cells, for

12 example, and I think there are some other

13 features that you believe are of supporting

14 significance that the HPRP has also approved of

15 its preservation.

16 So at what point does the HPRP decide

17 that an element is more important than other

18 elements?

19 MS. EIG: You would have to ask the

20 HPRP that question.

21 MS. FERSTER: Okay. That's not clear

22 from their ---


434

1 MS. EIG: No, I think it's clear by

2 what they approved.

3 MS. FERSTER: You mean ---

4 MS. EIG: Their reasoning behind that,

5 you would have to talk to them.

6 MS. FERSTER: So everything that they

7 approve, you would say is a key resource to the

8 site?

9 MS. EIG: No. I'm making no assumption

10 of that. I'm saying that what they approved

11 represents what they think is a positive

12 preservation solution.

13 MS. FERSTER: Okay. That's helpful.

14 Thank you.

15 Okay. So, let me turn to Mr. Bell

16 briefly because you were the presenter of these

17 alternative plans. And you went up to, there's

18 a, you know, a handful of these plans, they go up

19 to 2012.

20 And so the question is, did you

21 develop any alternative plans for the project

22 after 2012?


435

1 MR. BELL: We approved the plan in

2 2014.

3 MS. FERSTER: Okay. So between the

4 2012 plan and the approved plans, there were no

5 other alternative designs that you considered?

6 MR. BELL: To be honest, there would

7 probably be sketches in the office, but the ones

8 that are here are the ones that had consensus on

9 our team to go forward with for presentation and,

10 you know, have the right, have the program mix we

11 were looking for.

12 MS. FERSTER: None of these sketches

13 would rise to the level of alternative designs

14 that are depicted ---

15 MR. BELL: No, ma'am.

16 MS. FERSTER: Okay. All right. So

17 let's talk about exemplary design issues,

18 exemplary architecture. Ms. Eig, I know you

19 addressed that issue. I mean, there were a

20 number of people, Mr. Bell.

21 Okay, so exemplary design, exemplary

22 architecture. And again, Mr. Bell, let's start


436

1 with you because I think you were the primary

2 person testifying about the degree to which this

3 project should be considered exemplary

4 architecture.

5 Let me ask you, when you use the term

6 exemplary architecture, are you using it in the

7 context of your expertise with the Historic

8 Preservation Act? Because I assume most

9 architects, such as yourself, believe that all

10 their designs are exemplary. Do you have any of

11 your designs that are not exemplary? If that

12 word is used ---

13 MR. BELL: I'm not going to answer that

14 question.

15 MS. FERSTER: I want to make sure that

16 when you say the architecture is exemplary

17 architecture, that you're really not referring

18 to, you know, you're referring to a statutory

19 term as it's defined in the preservation field.

20 MR. BELL: I didn't testify to that.


22 MR. BELL: I think what I said was


437

1 exemplary architecture had to do with a couple of

2 things. When the buildings are taken

3 individually, are well designed, and are unique

4 and appropriate for McMillan and had some design

5 guidelines, and that they have a family

6 relationships in a way that makes them unique to

7 McMillan which is unusual and exemplary.

8 So taking, you know, for example, I

9 mentioned the townhouses. The townhouses

10 typically, every one or two, three townhouses

11 changes its facade. We worked hard to come up

12 with a language for the townhouses that met the

13 design color palette which were supported by the

14 HPRP, but also did them in blocks that were

15 unified so that you would see a unified

16 coordination of rhythm of the facades which is

17 quite unique and in my view, quite exemplary.

18 MS. FERSTER: Okay. That's very

19 helpful. Thank you. So when you talk about this

20 is being exemplary, it's exemplary in terms of

21 its, the totality of the design, and the creation

22 of this sort of unified and cohesive coordinated


438

1 design that takes into account, you know, the

2 characteristics of the landmark.

3 MR. BELL: That is one aspect and I

4 think the design of the individual buildings

5 themselves are exemplary.

6 MS. FERSTER: Okay. Well, let's follow

7 up on that a little bit. So you believe that if

8 you took each of these individual buildings,

9 looked at it alone, you know, individually, the

10 at EUI townhouses, for example, that the EUI

11 townhouses would constitute exemplary

12 architecture?

13 MR. BELL: I do.

14 MS. FERSTER: Okay. How about --

15 MR. BELL: But let's remember that in

16 and of themselves also and the benefit is in

17 their aggregation with other things --

18 MS. FERSTER: Understood.

19 MR. BELL: -- in the family as well.

20 MS. FERSTER: Understood. But let's

21 just talk about the individual buildings and

22 their architecture. What particular about the


439

1 individual buildings, wholly apart from, you

2 know, the use of, you know, a unified palette and

3 coordinated cohesive design, et cetera.

4 What about the individual buildings in

5 the, let's say, the EUI townhouses, makes them,

6 in your opinion, exemplary architecture?

7 MR. BELL: So I would answer that in

8 the context of my buildings, not the EUI

9 townhomes, but I think the heart of what Matt

10 talked about in exemplary architecture was also

11 the integration of public spaces, historic assets

12 in the buildings themselves.

13 And so part of what we talked about

14 earlier today that I think answered your question

15 that you just asked, you can see in my building

16 on parcel one, it is a healthcare facility

17 integrated with a park, integrated with a

18 historic asset, and if you talk to the people who

19 are going to occupy that building, they find that

20 a tremendous benefit.

21 And they would compare it to the

22 building that they're in now which is surrounded


440

1 by a sea of parking where they don't have any

2 parks. And, in fact, they just did this big

3 celebration on top of Children's Hospital because

4 they built a park on the roof.

5 Because there's nowhere else for

6 people to go. So the design components of my

7 individual building are actually quite exemplary.

8 MS. FERSTER: Right. And I understand

9 the argument that the design components that you

10 all believe are exemplary because of the park ---

11 the situation with the park and the other things

12 that you said about the building, but my question

13 is, just look at the building itself.

14 Not the fact that you have designed it

15 because of its unique location in a way, look at

16 the building itself.

17 MS. BROWN: I'm going to object to

18 this question because the exemplary architecture

19 does not need to be broken down to each

20 individual component where you get down to the

21 window.

22 MS. FERSTER: Okay. And then I would


441

1 move to strike Mr. Bell's testimony that he

2 believes that the individual buildings qualify as

3 exemplary.

4 MS. BROWN: It's completely separate.

5 So you could look at the building in totality,

6 but I don't want us to see, it doesn't make sense

7 to keep going down, you have to separate it from

8 its site, you have to separate it from its park,

9 you have to separate it from all the other things

10 that make up architecture.

11 MS. FERSTER: Well, I mean, Mr. Bell

12 testified looking just at the building itself, he

13 believes ---

14 MR. BELL: Ms. Ferster, you cannot

15 separate those things in a way like they're

16 totally tossed to the bottom of the pool that you

17 retrieve and examine individually. The building

18 has to have good proportions, good scale

19 elements, good relationship to the street.

20 It has to have a good relationship to

21 the facade and space that it defines. It has to

22 be of well made materials, materials that go


442

1 together well, and are in proportional harmony.

2 That would be true of buildings in general that

3 would be thought to be good buildings.

4 These buildings are exemplary because

5 they have that plus they are related to each

6 other in McMillan in a unique way. So separating

7 those two things, I think, is really not the

8 right way to go.

9 I think you really have to look at

10 them and say, yes. When you look at the facades

11 of the townhouses, I think they are very

12 elegantly crafted. The added benefit is that

13 they are elegantly crafted in the way that makes

14 sense for McMillan.

15 It makes sense because the way in

16 which the rhythms of the facade are unique in the

17 genre of that topology.

18 MS. FERSTER: Okay. So just to

19 clarify. I obviously misunderstood your

20 testimony because I did hear you say that you

21 felt the individual buildings were, I'm not

22 talking to you, Ms. Eig, I'm talking to Mr. Bell,


443

1 that the individual buildings were exemplary

2 architecture.

3 Now I understand that the exemplary

4 architecture you're ---

5 MR. BELL: It's a sophisticated

6 architecture.

7 MS. FERSTER: It's more a sophisticated

8 approach. So, you know, but I'm not an expert,

9 so I would appreciate some patience. But it

10 seems to me as a non-expert that the attributes

11 that you describe about the way these individual

12 buildings are designed in relationship to the

13 surroundings of McMillan, more go to its

14 capability with McMillan rather than it's

15 exemplary nature.

16 Can you help me distinguish between

17 what would be a compatible building, you know, as

18 in any kind of, let's say you build a building

19 in, you know, in a historic district. It has to

20 be found compatible with the character of the

21 historic district, right, Capitol Hill whatever.

22 So what would be the difference


444

1 between, you know, finding that a building is

2 compatible within a historic district and finding

3 that it is exemplary architecture?

4 MR. BELL: It is my contention that

5 exemplary architecture is frequently compatible

6 and the compatible architecture can frequently be

7 exemplary. So one of the things we looked at

8 very carefully with the architecture here, was to

9 make an architecture that was both really good

10 but also respectful of the landmark.

11 That is a balancing act. So the

12 architecture that you see here is both very good

13 in a sense, you know, contextual architecture,

14 but very much of the high end of that, very

15 exemplary in that regard, but also very

16 respectful of the landmark.

17 And this is how we presented it to

18 HPRP. This was part and parcel of the design

19 guidelines where what we wanted to do was to

20 bring them in coherence so that the landmark

21 would be set off, but also the buildings

22 themselves need to enjoy a high level of design


445

1 and craft as buildings that define public spaces,

2 make streets, and make public places.

3 So let me just do a little bit of an

4 editorial. What we weren't looking for is star

5 buildings on every block done by an architecture

6 who tried to make everything look unique. That

7 was really not the way we were going.

8 And a lot of people, those buildings

9 get a lot of attention in our society. What to

10 me is exemplary architecture can very much be a

11 row of townhouses, as much as it they could be a

12 different level.

13 So I think I have a different

14 definition and our team arrived at a different

15 definition and I hope this clarifies your

16 understanding of it because really in a way, the

17 challenge here is to make the proportions,

18 material to go together, make the elements work

19 like bay windows and the way in which the facades

20 are articulated, but also make it work with the

21 urban plan which is part and parcel of being

22 respectful of the landmark.


446

1 MS. FERSTER: That is very helpful. I

2 really appreciate it and I think that completes

3 my questions on that issue.

4 Okay. So, somebody should help me out

5 because I didn't, I noted that somebody noted,

6 and I'm not sure who it was, talked about what's

7 called the extreme regulatory, the words were

8 used, extreme regulatory compliance in terms of

9 the code and the zoning, et cetera, as part of

10 the special merit of the project.

11 Was it somebody, that was you, okay.

12 So, okay.

13 MS. EIG: I presented that as one of

14 the challenges that had to be met in this

15 project.


17 MS. EIG: I don't know if I used the

18 word extreme that you wrote down, but the fact

19 that there were many regulatory challenges.

20 MS. FERSTER: Challenges, okay. But

21 you're not arguing that just compliance with all

22 these potentially completing the regulation, make


447

1 --

2 MS. EIG: My point was that you had to

3 make all of them happy.

4 MS. FERSTER: Right. Sure. And that

5 makes a very complicated project, understood.

6 MS. EIG: Correct.

7 MR. BELL: Just to add, that also

8 makes it a project of special merit because that

9 was one of the processes we had to go through. I

10 think Emily's point was that we had to go through

11 several processes in order to move the project

12 forward, we did do all of those successfully I

13 think was her key point.

14 The Court asked us to look at some

15 particular issues and now we're back doing that.

16 So the challenge and success was going through

17 each of those successfully.

18 MS. FERSTER: Okay. So regulatory

19 compliance in your view, not in his eyes, but in

20 your view, the regulatory compliance makes this a

21 project of special merit?

22 MR. BELL: No, the mayor's agent is


448

1 saying it's a project of special merit, makes it

2 a project of special merit.

3 MS. FERSTER: The mayor's agent's

4 decision was vacated. So we haven't said that.

5 MR. BELL: It was remanded. But it was

6 ---

7 MS. FERSTER: It was vacated. So it's

8 not by virtue of that decision if I look at

9 special merit because it has not, and it has not

10 yet achieved regularity compliance. So, okay.

11 There's a lot of discussion about activation as,

12 and I think Ms. Eig, that was part in your

13 testimony, activation, the activation of the

14 site, Mr. Bell, you discussed activation ---

15 MS. EIG: Mr. Bell introduced it.

16 MS. FERSTER: And then you ran with it

17 a little bit. So I have a couple of questions

18 that, you know. Activation. You're basically,

19 your argument as I understood it, the activation

20 is the fact that this is a site that has

21 previously been inaccessible because of the fence

22 around it and that by developing it, you're


449

1 activating it. Is that it?

2 MS. EIG: No, that was not my

3 intention. My intention was taking it from a

4 situation where there are, as Mr. Bell said, you

5 could build buildings, but it doesn't mean that

6 people are going to go into them, that they're

7 going to have a daytime population.

8 These buildings are designed so that

9 there are activities that will draw people to

10 them. I could compare this not with what is at

11 McMillan, but rather the downtown Washington, DC.

12 Downtown Washington, DC, had very few people

13 whoever walked down the street in the daytime or

14 in the nighttime.

15 And that is not the case anymore. It

16 has been activated by retail, by, and now because

17 of the Verizon Center, by parks being improved.

18 By all kinds of things that made people feel more

19 comfortable being there. The museums, the Spy

20 Museum was critical to activating downtown.

21 There was a reason to be there and

22 this entire plan has been, in my estimation, is


450

1 designed to not just make sure there are things

2 that people want to do, but place them in a way

3 that will in fact keep them moving through the

4 site.

5 MS. FERSTER: Sure and I understand

6 that that's a goal of the project, is to make it

7 a space that people like to go to and appreciate

8 and learn from it.

9 But from a historic preservation

10 standpoint, using your example of downtown, for

11 example, the downtown before, you know, a number

12 of years ago, it was not a very active downtown.

13 But it was still historic, wasn't it.

14 MS. EIG: That would be preservation

15 consistency.


17 MS. EIG: Making it activated moves it

18 to a special merit in my mind, makes it special.

19 MS. FERSTER: Okay. So in terms of the

20 activation then is irrelevant in terms of the

21 preservation issue. It's more a benefit of a

22 project that is --


451

1 MS. EIG: Yes. Right now the site is

2 a historic landmark. It is not activated.

3 MS. FERSTER: Right. And many historic

4 sites are inaccessible and they continue to be

5 historically important by being inaccessible.

6 Accessibility doesn't affect its historic

7 significance. Okay. There's something that you

8 said in your testimony about the sand washer.

9 You said that they would be

10 deconstructed?

11 MS. EIG: I knew you were going to

12 catch me on that. It was just, they're 12 sand

13 washers, they're all being preserved, some of

14 them are being restored, and some of them are

15 being used, as I said for planters. They might

16 be somehow, let's remove that from my testimony.

17 It was just, there's possibilities

18 because of the interest in having components of

19 the site that are not going to be, like the

20 manhole covers making it into a piece of art.

21 I think there is an opportunity for

22 something for instance we replaced one of the


452

1 sand washers. It is right at Capitol Street as

2 an entrance, and it becomes a visual component,

3 not just a historic component. That was my

4 point.

5 MS. FERSTER: Okay. So you're removing

6 some of the sand washers?

7 MS. EIG: Yes. That has always been

8 the case. Some sand washers are being retained

9 in places, some are being removed. Some are in

10 place where the streets were to go. So we've

11 tried to move them as close as possible to where

12 they would be.

13 MS. FERSTER: Okay. So, refresh my

14 recollection about move the buildings. You know,

15 do they, it's the locations?

16 MS. EIG: No, sand washer is different,

17 it's moveable. It can be moved. It's not a

18 building.

19 MS. FERSTER: Okay, like the fountain?

20 MS. EIG: Well, it's much simpler than

21 the fountain, so.

22 MS. FERSTER: It seems to me that part


453

1 of the historic significance in terms of the

2 interpretation of the sand filtration site is

3 that they're located on the service court so and

4 you moved them off it?

5 MS. EIG: Most of them, well, the one

6 that would be placed at the, where Capitol

7 Street, will still be on the service court.

8 They're not going to moved off the service

9 courts. They're just being shifted or you know.

10 And that has always been a component of this. It

11 is part of it, because we are preserving all 12

12 of them.

13 MS. FERSTER: Okay. So one of the

14 visuals that was shown is a visual of the portal

15 and, you know, I think you explained that the

16 portals, substantial part of the portals, because

17 of their relationship with the cells would have

18 to be demolished, and because they are a

19 retaining wall.

20 So if we could turn to that visual.

21 I guess, there was a visual of one of the portals

22 that remains at, you know, after the alterations


454

1 have been done. And I'm wondering ---

2 MS. EIG: Can you tell me what page

3 that's on?

4 MS. FERSTER: Let me find that. It was

5 shown in somebody's testimony. I made a copy of

6 it, but we have a copy of it here but I don't

7 know what page it is. I mean, there are a lot of

8 slides here. But if I show you this picture,

9 maybe you can locate it.

10 (Off microphone discussion.)

11 MS. EIG: The one that is on this

12 screen is what you're referring to?

13 MS. FERSTER: Yes, 105. Yes, here we

14 go. That's definitely one of them. Okay. So,

15 is this is a good example of what's going to be

16 done with the portals in terms of their reuse

17 within the developments?

18 MS. EIG: In this particular location.

19 MS. FERSTER: Okay. And how about

20 other portals?

21 MS. EIG: I see them in different parts

22 of the design. They're, some of them, for


455

1 instance at the community center, portals and

2 entry to the community center, some other side of

3 the ---

4 MS. FERSTER: Let's just stick to the

5 north service court.

6 MS. EIG: The portals in the south

7 service court.

8 MS. FERSTER: Okay. So in the north

9 service ---

10 MS. EIG: Where cell 14 is?

11 MS. FERSTER: Yes. Is there no visual

12 of the other portals? I mean, maybe you can just

13 look and tell me in terms of the visuals. Is

14 this what, you know ---

15 MS. EIG: On 100, that is ---

16 MS. FERSTER: 105.

17 MS. EIG: It is restored in place.

18 That's on cell 14.

19 MS. FERSTER: This is cell 14, okay.

20 So that's on cell 14. And I'm trying to see in

21 this picture, because I don't see any other

22 portals on this service court. Are there other


456

1 portals that are being retained other than that

2 one?

3 MR. BELL: On the north service court,

4 that is the one that is being retained.

5 MS. FERSTER: Okay. And the rest of

6 them are being completely demolished. That's on

7 the south service court. Is 105 also pictured

8 the north service court or that's something

9 different?

10 MR. BELL: For the 105, I can't see

11 it.

12 MS. FERSTER: That's about one, about

13 four pages --

14 MR. BELL: There are a number of

15 portals being retained on the north side of the

16 south service court and the south side of the

17 south service court.

18 MS. FERSTER: Okay. Then what's this

19 is a picture of?

20 MR. BELL: That's a picture looking at

21 the north side of the south service court with

22 the townhouses behind it. So it will be defining


457

1 the south service court with the sidewalk behind

2 it.

3 MS. FERSTER: Okay. And you say a

4 number of portals will be retained. Will they

5 look like this portal?

6 MR. BELL: On the north side, yes.

7 MS. FERSTER: Okay. And how many on

8 the north side will be retained?

9 MR. BELL: Go to the plan to see. I

10 have to look at the plan to tell you the exact

11 number.

12 MS. EIG: I will just add this. I

13 stated before the portals are part of the cell

14 that's being demolished so we're actually

15 retaining a portion of the demolished component,

16 we're not demolishing all of it. Because we have

17 retaining walls and so they have to be stabilized

18 differently in order to have them survive without

19 the wall behind --- the earth behind it.

20 MS. FERSTER: Okay. So in terms of

21 what's being preserved. I'm looking at this

22 portal. Is the entirety of what is shown in this


458

1 portal including the spans that lead up to the

2 part of the original materials or is this ---

3 MS. EIG: Yes.

4 MS. FERSTER: -- any new construction

5 in there?

6 MS. EIG: No, it's original material.

7 MS. FERSTER: Okay. And how about the

8 doors?

9 MS. EIG: The preservation plan calls

10 for the doors to be -- the wood to be retained as

11 much as possible and to be repaired or replaced

12 as necessary in kind so that it would be a

13 typical rehabilitation treatment for the doors.

14 Because some of the wood is quite

15 deteriorated and cannot be preserved, but it

16 would be following the Secretary of Interior

17 standards.

18 MS. FERSTER: And there was something

19 said, it might have been from Mr. Bell, about the

20 walls on the service court being demolished, was

21 that you?

22 MR. BELL: What's the question?


459

1 MS. FERSTER: You had indicated that

2 some walls in the service court were being

3 demolished?

4 MR. BELL: The north service court, as

5 I mentioned, though the front part of cell 14,

6 which has the wall and the portal, is being

7 preserved and rehabilitated. The balance of the

8 rest of the walls and the cells in the north

9 service court are being demolished to make a

10 retail street and I think what I spoke of was the

11 fact that a retail street, highly desired by the

12 community, needs to have transparency and

13 accessibility in order for it to succeed.

14 MS. FERSTER: Right. But I'm just ---

15 the walls you are referring to are really some

16 part of the portals and part of the cells, is

17 that correct?

18 MR. BELL: Yes.

19 MS. FERSTER: Okay. And Ms. Eig, in

20 your historic preservation plan, where you

21 describe the various treatments of the resources

22 on this site, what you indicate what's, you know,


460

1 being demolished and what's being restored or

2 rehabilitated. Where would these walls be

3 described in this report, what's being done to

4 the walls?

5 MS. EIG: There's an index I think you

6 can look at that. You're looking at the

7 preservation plan.

8 MS. FERSTER: The preservation plan,

9 exactly. Index, yes. It doesn't say on the

10 index. Because the walls, it seems to me that

11 they could be described in the treatment for the

12 portals, they could be described as treatment

13 themselves. I am wondering where are they

14 located at? It could be described in the

15 treatment of the service courts?

16 MS. EIG: The service court walls are

17 on page 40.

18 MS. FERSTER: Okay. Thank you.

19 MS. EIG: You're welcome.

20 MS. FERSTER: They start on page 48 and

21 continues through page 44. So they're treated as

22 a separate element?


461

1 MS. EIG: Yes. It was following the

2 inventory. As I said, that was done by DC many

3 years before I got involved.

4 MS. FERSTER: Okay. I'm really close

5 to the end. Just let me just check my notes and

6 be sure I haven't missed something that I've

7 already talked about.

8 Okay, I think that's all I have. All

9 right. Well actually, I did ask this question in

10 one way, but I think I should ask it in a

11 different way. And I think I asked it, you know,

12 when I asked the question of whether or not any

13 studies have been done of the alternative

14 subdivisions. You know, other than reducing the

15 number of different configurations or

16 subdivisions.

17 This is a similar question but it

18 relates to that and that is, apart from the

19 studies that you've done, well, actually. I

20 think you've answered that question. But, okay,

21 so. No, this is the way I'm going to ask it.

22 So you talked particularly about the


462

1 healthcare facility and indicate the project

2 would not be financial viable unless the

3 healthcare facility is constructed because of,

4 you know, its role in the entirety of the

5 project.

6 And then you looked at various

7 scenarios that would reduce the healthcare

8 facility to preserve one or more of the cells and

9 decided, and explained why you do not believe

10 that the healthcare facility could be viably

11 built under that scenario, but there was one

12 alternative that I was wondering if you had

13 studied.

14 It's a different alternative and that

15 is the study of the financial viability not of

16 reducing the numbers of square feet associated

17 without the healthcare facilities that you

18 planned, but putting them, locating them in a

19 different place on the site. Had that been, you

20 know, the financial liability, it's simply a

21 matter of retaining the square footage.

22 It has nothing to do with the


463

1 location, is that correct? Do you object to my

2 question or --- you're nodding no, Ms. Brown.

3 MR. BELL: Can you just clarify the

4 question?

5 MS. FERSTER: Yes. You talked about

6 the financial viability of the project and how,

7 not financially viable because of the

8 alternatives that would reduce the number of

9 square feet. And my question is different, and

10 if you put the healthcare facilities, the same

11 number of square feet but in different locations,

12 perhaps broke up the buildings or did some other

13 configuration, exact same number of square feet,

14 what is it, 800 and, almost a million square

15 feet, is that it?

16 MR. BELL: 950.

17 MS. FERSTER: 950 square feet. So you

18 retain that square footage, but you just simply

19 looked at alternative designs and broke that up

20 and, you know, moved them into different parts of

21 the site. Does that effect the financial

22 viability of the project of having the healthcare


464

1 facility designed in a different way basically,

2 without any reduction in the number of square

3 feet?

4 MR. BELL: Yes. So I hear you asking

5 two things. Number one, have we looked at

6 alternatives that have healthcare facilities in

7 different locations on the site, and the answer

8 to that is yes.

9 And number two, I hear you asking me

10 if you just took the healthcare facilities from

11 where they and disbursed them somehow in a bunch

12 of different places throughout the site but had

13 the same total square footage, do you get to the

14 same answer, and my answer is yes.

15 That does not work. You cannot just

16 take these big buildings that are altogether as a

17 canvas and disperse them into, say, ten different

18 pieces with the same total square footage and

19 just intersperse them throughout the site.


21 MR. BELL: That being said, we wouldn't

22 do that anyway because of a part of what we


465

1 discovered when we did the analysis of putting

2 the healthcare facilities in other places on the

3 site, is that they belong on Parcel 1.

4 And we've talked about this many times

5 in many contexts, but that use being next to the

6 Washington Hospital Center, the VA, Children's

7 Hospital, it's where the healthcare uses belong

8 on the site.

9 MS. FERSTER: Right and I understand

10 that part of your testimony. But, and the

11 example you provided about ten different

12 building, that's a bit of an extreme example.

13 But you do have two healthcare facilities on this

14 site, so you have broken them up between in the

15 site.

16 So I'm wondering, and you said you

17 have looked at alternative locations, but the

18 question was, you know, would changing their

19 location on the site including possibility

20 shifting more density into, you know, maybe one

21 or more buildings, would that affect the

22 financial viability of the healthcare?


466

1 MR. BELL: Yes, it would. In the same

2 way, and I would have the same answer for the

3 grocery store. The grocery store isn't going to

4 want to be located on the southwestern corner of

5 the site for a lot of reasons. I don't think you

6 can just pick up the density and put it anywhere

7 on the site and think that it does not affect the

8 economic viability of those uses, so yes.

9 MS. FERSTER: Okay. So are you saying

10 that the location that you have picked for the

11 healthcare facility, the locations, because there

12 are two of them, that no other location within

13 the site, same square footage, no other location,

14 no other configuration would be economically

15 viable? Nothing other than what you have picked?

16 MR. BELL: No, that's not what I'm

17 saying. What I'm saying is in my opinion, they

18 are in the optimal place.

19 MS. FERSTER: Okay. Thank you. Okay.

20 I think that is it for my questions.

21 DR. BYRNE: Okay. So it's 6:36. So,

22 I think this probably is a good place to stop.


467

1 Mr. Otten, I'd just ask you if there are any of

2 these folks who don't have to come back on

3 Monday? Just to sort of, the answer may be no,

4 but we can let somebody not have to come back,

5 that would be good.

6 MR. OTTEN: I was actually going to

7 ask about Mr. Kenner. If he's coming back or is

8 someone from DMPED, because I don't see DMPED

9 actually on the dais.

10 DR. BYRNE: So, I think you cross

11 examined Mr. Kenner already.

12 MR. OTTEN: But at the time --

13 DR. BYRNE: We said that if there were

14 questions that he needed to answer that were

15 relevant to the application, that we would

16 consider how to address them.

17 MR. OTTEN: Yes. I think it's less Mr.

18 Kenner because, obviously, we ran into the fact,

19 as you pointed out, you may not know the details,

20 but there is the project manager who was at the

21 prior hearings, Mr. Joe Stucker, who's in the

22 room, I guess, you know, in preparation for


468

1 today, I was planning to ask him questions

2 certainly, and I don't see him up here at the

3 dais.

4 And also, timing here for Monday, I

5 know, I think all these folks here are being paid

6 to be here. DC for Reasonable Development is a

7 completely volunteer organization. I have an

8 outside job. And I took time off today to be

9 here.

10 Taking time off on Monday is pretty

11 much not feasible, plus I believe we have

12 witnesses that are also volunteers that -- it

13 just doesn't seem sustainable to be able to just

14 do this on Monday.

15 MS. FERSTER: Yes. Some of our

16 witnesses have now left, so.

17 MR. OTTEN: Well, I believe Calia

18 Barrigan (phonetic) is here and she can't be here

19 on Monday. So, I'm asking that we put this a

20 week so that people can get their calendars

21 together. Well, can we do it, because I'm

22 already committed on Monday. And so are some of


469

1 the witnesses.

2 MS. BROWN: I would recommend that we

3 proceed tonight then.

4 MS. FERSTER: Well, we can't. You

5 know, it's been made clear that we are not going

6 to continue beyond cross examination. I've

7 already told witnesses to go home, they're gone.

8 MS. BROWN: I don't think that was, I

9 think we were going to decide whether, how far we

10 got tonight.

11 MR. OTTEN: Well, can we do Wednesday?

12 MS. BARRIGAN: If I may say something.

13 So I am a district resident, and this is ---

14 MR. BYRNE: Come up here. Identify

15 yourself, please, your name and --

16 MS. BARRIGAN: Sure. May name is

17 Calia Barrigan. I am a district resident. I'm

18 also an expert --- an urban planning and

19 environmental policy expert. People like me,

20 specifically of my race, women of color, we're

21 not often, we don't have the opportunity to come

22 in and talk to you and participate in this


470

1 government processes.

2 And it's really unfair that because of

3 the time constrictions of many these agencies

4 present here, I'm not going to be able to come in

5 on Monday and actually, you know, serve my duty,

6 my citizen duty of participating in something

7 like this.

8 Again, I am a Ward 5 resident, so I

9 will be impacted by this development, so I would

10 ask for you to please consider really including

11 our time and not expand it too late further. I

12 mean, I'm here, but I have family that I need to

13 attend.

14 There are DC codes specifically human

15 right codes, that prevent this from happening,

16 this type of discrimination as far as, you know,

17 expanding something like this and not allowing

18 the public to come and participate.

19 DR. BYRNE: Well, that aside, I do

20 want to allow opportunities for people to have aa

21 chance to testify.

22 But the question is how to do it in a


471

1 way that's reasonably expeditious.


3 MS. BROWN: Could I suggest that some

4 of the witnesses that can't be here in person

5 submit written testimony. We can supply a

6 written rebuttal.

7 MS. FERSTER: Ms. Barrigan (phonetic)

8 is going to be testifying as an expert so, you

9 know, as an expert, I think it is certainly

10 important that she be able to testify in person.

11 DR. BYRNE: Well ---

12 MS. BROWN: Or we can take her out of

13 order and go now?


15 MS. FERSTER: And I've just been

16 informed that one of my witnesses is going to be

17 out of town until the 26th. Of July.

18 DR. BYRNE: Any suggestions? The

19 problem is I'm -- I leave on Thursday, and will

20 not be back until the 15th of August. So, I --

21 MR. OTTEN: Mr. Byrne, I don't know if

22 you've checked out the zoning commission


472

1 transcript, but they are simultaneously

2 proceeding. They're not going to be contending -

3 --


5 MR. OTTEN: --- until September, so.

6 DR. BYRNE: So I was hoping to work on

7 this over the summer because I have a job. So I

8 would like, I guess what I would like to do is,

9 does it make sense to proceed with cross

10 examination on Monday and put off their cases,

11 probably not.

12 So, I think, I guess I think under the

13 circumstances, we need to put this off and I'm

14 going to have to ask HP, the Historic

15 Preservation office to work with counsel for

16 another date. I'm sorry. But I do think it's

17 necessary to do that.

18 MS. FERSTER: I am also going to make

19 one other request here, and that is that we talk

20 about me calling as part of our case, a DC

21 government witness who can testify on direct as

22 one of our witnesses about what going on with the


473

1 permitting and the raised permits, et cetera.

2 So I think I would probably like to

3 call probably Mr. Callcott as part of our

4 testimony under direct.

5 MS. BROWN: I don't know how you're

6 going to arrange that since he is a, you can't

7 call him as your witness if he's a government

8 witness.

9 MS. FERSTER: Well, you called him DOE

10 employee as one of your witnesses in the zoning

11 hearing --

12 DR. BYRNE: Wanting to ask him about

13 the issue instead of the demolition practice,

14 that's the issue?

15 MS. FERSTER: Yes, and the

16 construction permits, exactly. I have a number

17 of concerns about what is going to happen, what

18 happened then, and whether it's going to happen

19 again.

20 DR. BYRNE: I don't know if that has

21 anything to do with these applications.

22 MS. FERSTER: Well, under the Historic


474

1 Preservation Act, the statute says that a raised

2 permit cannot be issued unless the applicants

3 have the ability to complete the project and that

4 a new construction permit is issued

5 simultaneously.

6 And obviously that didn't happen the

7 last time.

8 MS. BROWN: You're asserting facts

9 that are not in the record. We have to stick to

10 the facts of this case and not drag in some other

11 facts from a different matter, and you know

12 perfectly well that the process for appealing a

13 raised permit that you think is not properly

14 issued, is to go to the OAH.

15 MR. OTTEN: Ms. Brown, you also know

16 that Mr. Callcott has signed off, he personally

17 signed off on the HPRP reports which has gotten

18 us to where we are today including noting that

19 the demolition is to such a degree that it does

20 need to come to the mayor's agent.

21 DR. BYRNE: That doesn't have anything

22 to do with this question of permits. I don't


475

1 think I'm going to allow that. I think they're

2 going to have pursue the question of whether the

3 permits were issued unlawfully in another form.

4 So, the problem with calling the witness doesn't

5 arise.

6 MS. FERSTER: Well then perhaps we

7 will address this in terms of fashioning some

8 appropriate conditions for your future order in

9 the event that you approve demolition so that

10 this will not happen?

11 DR. BYRNE: I would be open to

12 discussing it, yes. All right ---

13 MS. BROWN: I just wanted to -- can we

14 not proceed with the rest of the cross

15 examination from DC for Reasonable Development

16 tonight?

17 DR. BYRNE: Tonight? Yes.

18 MR. OTTEN: I mean I have lots of

19 questions. We were handed a 200-page report

20 today. I had my questions that were based on the

21 June 23rd submission ---

22 DR. BYRNE: You mean the ---


476

1 MR. OTTEN: Yes.

2 DR. BYRNE: -- exhibits.

3 MS. BROWN: It's nothing new.

4 MR. OTTEN: There's plenty of new in

5 there. In fact, I had annotated it during lunch

6 and I have lots of questions.

7 DR. BYRNE: I'm sure he does. I think

8 it would be almost cruel for me to have you all

9 be here for time it's going to take and what it

10 will be like, as bad as it is to ask you to come

11 back.

12 MS. BROWN: All right. So one final

13 issue is that we have resolved the amendment to

14 the 18 USC and that the clarification provision

15 was inserted in 1990. So I'll submit that for

16 the record.

17 DR. BYRNE: All right. Okay. Well,

18 that's good. I won't take the time to look at

19 this now, but assuming that that's the case, then

20 your testimony is ---

21 MS. BROWN: I'm sorry, I don't know

22 that we've resolved the question of whether or


477

1 not he is admitted as an expert if you decide to

2 accept his testimony.

3 DR. BYRNE: She didn't object to it

4 from being an expert.

5 MS. BROWN: Okay. All right. Thank

6 you.

7 DR. BYRNE: Okay.

8 MS. FERSTER: And then I think that it

9 was noted there are a couple of things that we'd

10 like to be provided. I'm trying to remember what

11 they were though.


13 DR. BYRNE: Yes, we'll get you the

14 contract.

15 MR. OTTEN: Can I inquire as well,

16 will this be, Ms. Brown, will this be --- the

17 submission from today, will that be provided

18 electronically?

19 MS. BROWN: Some of that I don't have

20 electronically, so what you have is what you ---

21 DR. BYRNE: Okay. Very well. So

22 today we're adjourned and Mr. Callcott or


478

1 somebody in the HPO will be in touch to set a

2 date for another hearing. Thank you all for your

3 patience.

4 MS. FERSTER: Okay, so we're not

5 meeting on Monday.

6 DR. BYRNE: Correct.


8 MS. FERSTER: Thank you.

9 MR. OTTEN: Thank you.

10 (Whereupon, the hearing in the above-

11 entitled matter was concluded at 6:51 p.m.)

12

13

14

15

16

17

18

19

20

21

22



479

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480

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385:9,13allocation 385:4allow 18:19 31:8 33:12

34:7 46:18 58:9 59:11100:22 101:22 105:11149:6 181:15 182:22198:2 204:11 205:22223:16 275:8 282:3283:14 311:10 351:3353:19 363:18 364:3407:19 409:10 470:20475:1

allowed 109:8 115:11203:1 219:8 355:18363:12 365:4

allowing 18:2 134:11158:9 470:17

allows 138:2 156:4205:12 225:19 278:3338:11 353:4,7

alluded 194:20alludes 307:4alteration 4:20 287:6alterations 185:1

453:22altering 14:6 100:17

138:9alternative 20:4 44:4,6

44:12 77:5 116:9231:7 350:19 417:10417:14 434:17,21435:5,13 461:13462:12,14 463:19465:17

alternatives 6:14 20:2,325:10 76:10,18 125:8130:13,22 135:8,15136:1 159:14 227:6233:11 252:6 275:9275:10,13 303:19309:18 346:16 348:2348:4,13,15 368:20417:17,22 463:8464:6

altogether 464:16amazing 197:3ambitious 222:5ambulatory 236:4amend 17:12amendment 282:5

476:13amends 286:15amenities 32:1 138:6

138:17 139:13 152:15159:1 160:16 172:11232:10

amenity 152:5 188:4218:13

AMI 39:21,22 40:3,6,7,940:22 41:6,6,7,11,1341:19 71:10,12,14,1471:15,19 72:5 253:15254:7,8,8 261:13

amount 99:10 135:15208:8 216:12 220:19234:19 264:17,20270:5 271:19 274:16274:21,22 275:3277:18 290:9,14294:19 304:1,2327:19 349:14 351:12372:18 416:14

amphitheater 159:3263:16

ample 149:2 169:6analysis 5:17 16:1

63:21 70:15 74:2175:21 76:3 90:1696:20 98:6 119:12192:14 239:10,17240:22 269:10 329:11396:17 465:1

analyze 240:21 241:15ANC 50:6 220:8,14

254:20,21 255:2261:1 263:8 267:9268:11,17

anchor 230:1 231:5232:18 234:2,11238:18 239:4 397:10398:10 413:20 414:14415:4

anchored 29:4anchors 161:21ancient 93:3ANCs 29:19and/or 5:21 379:16Andrea 2:8 17:21angle 155:11animation 96:3 175:13annotated 476:5annual 241:11 244:12

244:14,19 245:5answer 31:13 33:3 34:4

34:10 37:13 43:2145:20 49:12 50:2151:8,11 58:9 61:684:1 159:6 163:20313:15 319:5,9335:17 341:2 342:2346:7 350:3 352:2354:2 365:4,6 371:19373:11 374:5,7375:19 381:14 385:1394:19 396:17 417:18436:13 439:7 464:7


481

464:14,14 466:2467:3,14

answered 40:17 66:185:7 375:14 406:14439:14 461:20

answering 235:3279:16 371:17

answers 78:8 86:9279:20

anticipate 97:5 238:10362:21

anticipated 122:15245:1

anxious 255:1anybody 319:17 333:20

335:19 383:1 417:8anybody's 363:11anymore 181:18 449:15anyway 19:4 35:13

464:22apart 226:16 263:11

439:1 461:18apartments 197:2apex 95:18apologize 35:8apologizes 90:8app 196:12apparently 364:6appeal 18:8,14 253:2

368:1 378:7,14380:12

appealed 20:7appealing 474:12appeals 4:7 5:5 12:1,17

14:21 18:15 20:7,823:19 26:16 82:5240:5,13 245:2 249:9282:14 283:10 322:18347:7 363:1 367:15376:10 378:9 380:18381:9 382:3,11,15383:2 402:13 403:6

appear 96:22 363:6appearance 139:14

177:9 280:19APPEARANCES 2:1appeared 247:12

256:17 257:1appearing 248:2appears 282:5 305:7Appendix 357:14 422:8

422:16 423:22 424:2424:5,7,7,12 425:6

apples 416:1applicability 46:15applicable 301:22applicant 8:4 9:2 14:3

14:13 18:5 22:4,11

24:3 43:18 76:10287:8

applicant's 7:19 14:1817:9 18:3 25:22 67:1883:5,8 243:5 284:3,12

applicants 2:2,7 8:1618:2 363:9 364:4365:17 368:9,16377:15 382:13 403:10474:2

application 1:6 4:8 8:28:6 16:2 17:13 63:5107:20 114:3 347:2,6359:5 366:1 369:18396:11 401:2 420:19426:19 428:9 429:2,7430:4,5 467:15

applications 4:7,12,207:22 56:4 473:21

applied 48:3 198:16253:12 329:11

apply 43:18 46:2289:16 280:16,18304:17 306:1 348:16360:2 398:5

applying 282:15 395:18apportioned 129:11appreciate 35:14 79:6,7

279:15,17 322:10340:9 342:6 392:10443:9 446:2 450:7

appreciated 78:22approach 70:21 114:13

115:4 116:9,10128:14 137:2 139:16142:9 169:15 175:5191:4 225:18,19255:9 381:6 443:8

approaches 195:21431:13

approaching 175:7appropriate 19:16 33:3

33:21 34:4,13 68:681:17 115:12 117:13130:19 142:7 251:16279:10 284:2 341:4346:7 365:5 366:10366:16 381:22 395:13417:18 437:4 475:8

appropriately 140:22168:5 219:11 364:2

approval 29:14 63:5118:3 374:10,11377:5 379:7

approvals 28:12approve 287:11 376:22

434:7 475:9approved 118:11 121:6

134:5 135:6 136:2,6157:19 158:2 196:6264:17 307:8,12372:14 374:21 376:2379:5 425:17 426:21427:3,12 433:14434:2,10 435:1,4

approximately 107:10201:11 229:2 241:10241:12 295:12

April 5:2arch 157:10archaeological 122:7archaeologist 122:9archaeology 99:18architect 189:10 195:8

374:4architects 88:8 153:16

153:17 158:4 189:13192:13 194:21 195:1200:14 256:13 436:9

architectural 5:2130:17 48:16 106:4156:19 158:10 185:9189:13 258:2

architecture 27:3 30:1648:12,13,21 49:2,9,1049:17,18,22 85:5125:10 140:10 149:10149:12,21 150:7157:16,17 171:15186:11,19 187:18188:15 189:17,20194:19 199:9,22200:17 206:3 256:15256:21 257:2,6,8,13258:5 259:22 262:20302:5 369:7,20,22370:3,21 372:18373:1 377:1,6 435:18435:22 436:4,6,16,17437:1 438:12,22439:6,10 440:18441:10 443:2,4,6444:3,5,6,8,9,12,13445:5,10

archives 108:4area 30:3,11 36:8 69:11

69:14 70:16 72:1593:17,19 108:21155:3 156:7 171:10180:20 203:5 242:11253:14,19,22 263:7267:8 268:18 289:4299:17 300:7 301:1316:8 327:5 344:10387:9 391:7,7 392:22393:2,15 395:2,6

411:17 431:4area's 332:15areas 28:2 66:11 130:4

157:13 158:17 215:22261:17 294:11 310:8351:9

arena 200:8,11 202:3,7202:10,17 223:19244:5,16

arguably 246:8argue 70:5 279:5 359:8

369:17 382:2 398:18403:11

argued 12:12 13:17253:16 402:14 425:12

arguing 45:17 67:1262:12 325:6 382:17446:21

argument 6:19 8:14 9:714:14 70:8,14 169:21253:17 283:18 325:21370:22 376:18 379:8379:12 381:10 382:13440:9 448:19

arguments 23:13 379:3379:10

arises 34:19Armed 220:3arms 328:10Army 126:3arrange 473:6arrangement 354:21array 91:6,7arrival 142:21arrived 445:14art 31:3 117:11 191:8

198:14,16 199:3,4,21200:7 216:12 234:19267:19 298:8,9,11,13451:20

article 287:4articulate 127:19articulated 147:12

148:14 149:19 445:20artificial 426:13arts 28:6,15 61:19

297:21 298:7aside 320:10 393:12

470:19asked 25:7 114:3 203:9

204:6 212:20 258:22259:11 272:1 276:16309:7 352:10 355:12384:18 403:6 413:10420:15 427:17 439:15447:14 461:11,12

asking 41:21,21 50:1457:10 60:20,22 64:12


482

67:8 78:7 79:11,1380:14,15 83:12,1486:1 313:14 342:13348:3 349:11 351:18360:12 361:9 372:5374:6 377:14 417:3426:10 464:4,9468:19

aspect 78:20 128:3174:3 438:3

aspects 128:16 140:19162:7 184:7 187:3247:17 359:13

asserting 474:8assertions 68:3assess 315:21 358:3assessed 100:5 114:6assessing 371:7assessment 119:14

323:17 360:9 431:11assessments 356:20asset 256:6,10 439:18assets 82:14 219:12

225:22 233:6 289:22298:6 439:11

assigned 4:12assist 291:15associate 88:18 90:5associated 158:22

362:5 462:16association 114:10

296:10 298:16associations 124:21

311:4assume 257:22 346:20

369:10 408:11 436:8assumed 385:11assuming 20:9 378:18

476:19assumption 434:9assurance 17:2attachment 280:11,12attack 323:14attain 233:9attaining 234:7attend 470:13attention 280:8 387:12

388:3 428:18 429:14445:9

attest 51:7attorney 22:6,14Attorney's 378:16attract 193:9 218:19

232:7 242:21attractive 42:7 188:6

296:19attributable 385:7attributes 213:5 257:4

259:21 443:10atypical 261:16audience 187:11

254:20August 5:3 471:20authority 4:16authorized 118:4availability 319:6available 19:7,16

107:22 143:22 217:21228:16 312:3 319:10344:18

Avenue 14:1 53:2 148:6203:11,12 351:9,15352:7,11

average 215:5avoid 6:15 7:4 16:15

33:19 51:14 309:18aware 46:22 50:5 63:4

66:10 69:9 72:1574:11 86:15 102:3,7102:12 212:20 262:4268:4 273:14 335:5,8345:2

awareness 101:15awhile 405:16 406:9awkward 10:12

BB 280:12 281:10 420:21back 35:6 48:6 50:20

51:14 63:19 79:2186:3 106:5,9 111:6112:3 154:22 155:5168:16 173:17 186:3192:19 209:10 211:21219:5 251:11 258:1262:22 263:20 264:3265:15 268:13 274:15309:6 310:3 331:10341:1 342:1,7 348:12354:17 355:11,12357:1 372:2 374:11374:20 376:4 402:12405:8 447:15 467:2,4467:7 471:20 476:11

backdrop 216:1 257:9backwards 313:20

333:15 378:2 387:22bad 206:6 476:10badgering 79:1balance 126:6 130:19

135:20 138:10 200:18229:22 264:16 265:11275:19 355:22 431:12459:7

balanced 29:16 156:14balances 130:17

balancing 23:20 24:5190:9 322:6 444:11

ban 250:14,15band 41:15Baptist 203:21bar 281:13barred 250:11barriers 223:6Barrigan 468:18 469:12

469:16,17 471:7Barry 12:8base 224:12based 8:14,19 13:9,18

70:11 94:3 96:20113:4 114:12 118:10206:20 222:22 224:2235:21 284:7 302:10331:13 357:4 359:5367:7 376:22 390:13430:3 475:20

bases 218:13basic 118:19 140:3

359:11basically 18:1 185:6

307:7 360:3 375:6448:18 464:1

basis 20:19 48:15 110:3128:20 140:14 241:12288:5 371:4 374:21377:5 379:7,20

bay 98:3,9 155:19445:19

Bear 352:9beautification 29:1

267:22 290:21beautiful 110:21bed 176:7,15 198:16bedrooms 340:1,22

342:9,21beds 62:17 82:11 91:7

131:4,14 132:1,15133:11 134:2 179:13182:6 191:21

began 188:21beginning 52:10 289:1behalf 2:2 22:4,10,18

26:10 280:20belief 48:15 379:4believe 23:12,19 24:1

24:17 42:22 48:1253:1 58:1 61:14 67:584:9 86:12 166:16167:16 183:16 187:5200:3 246:22 248:5,9249:17 262:19 263:12269:11 272:5 285:8314:7,15 319:13321:18 326:12 337:4

343:19 345:10 346:4388:11 397:12 401:14408:13 417:21 422:18426:11 433:13 436:9438:7 440:10 462:9468:11,17

believed 15:18 386:6believes 441:2,13Bell's 441:1belong 367:19 465:3,7bench 20:17beneficial 33:15 224:22benefit 15:6,19 36:6

37:18 38:7 43:8 55:1459:17 61:3,9 69:370:19 75:3,19 90:2293:12 168:4 203:19216:13 233:13 241:7242:1 260:2,22262:11,11 268:6274:11 278:4 288:21295:6 315:21 318:1319:20 323:11 324:8324:18 325:11,19,22327:6,7 338:19,22343:17 355:19 384:1386:11 387:4 400:9402:7,21 438:16439:20 442:12 450:21

benefitting 226:5berm 91:17 95:12

144:14 151:22 152:2152:4 177:15 420:5421:20,22

berms 147:6best 114:11 119:6

171:15 218:19 257:4336:6 350:5 353:22417:5 418:1

better 37:11 58:6 67:22135:20 218:18 236:11287:13 295:17 334:14348:19 350:22 352:18359:19 362:20

beyond 156:5 185:16198:11 199:21 217:14259:11 319:20 321:20324:8,19 326:7,12327:3 362:19 363:11364:11 365:10,14374:1 469:6

bias 9:14 13:3Bible 431:14bicycle 143:4 321:8big 13:21 133:22 204:9

211:8 218:5 237:11240:1 273:19 329:7352:9 390:3,6 398:19


483

411:17,17 413:19414:3,13 415:3,4440:2 464:16

bigger 133:5biggest 179:21bike 143:11 149:1

320:13,18Bikeshare 149:1 291:8

320:14billion 29:5 235:22

236:7 241:6 294:21383:17,21 384:13,17

bills 252:21 253:7bin 116:16Bing 200:11bioretention 293:9bioswales 148:18bit 36:17 122:22 155:4

156:3 303:4 313:13405:22 438:7 445:3448:17 465:12

black 107:3blanked 389:21block 100:21 194:16

445:5blocked 152:19blocks 131:8 158:16

271:8 437:14Bloomingdale 126:19blow 229:5Blue 329:19board 1:2,12 28:15

121:7 125:1 127:19134:19 149:16 157:20160:6 196:7 277:12358:13 425:18,19433:6

body 301:19 378:21Bogorad 3:16 239:8

240:7 245:18,22246:13 343:20 383:13383:20 384:6 385:20386:20 387:11,21

Bogorad's 284:16bold 91:5 123:12book 284:7,15 424:10booklet 350:14 410:21boost 213:15 267:9boring 405:15born 352:12bottom 112:9 156:17

162:10 201:19 203:16269:21 394:2,8441:16

bought 187:13 276:17Boulevard 204:9bound 283:10 306:13boundaries 107:4

113:10 116:15 175:20boundary 72:20 108:14

306:7Bowen 184:17 185:7Bowie 411:15Bowser 26:10box 209:1,1boxes 391:15brain 357:13brains 184:3branch 29:8,10,11branches 247:22brand 300:22 320:14Brandywine 411:15break 151:22 173:16

206:8 210:1,7,15313:7

breakdown 147:13Brian 3:11 25:14 26:8brick 194:13Bridge 103:2,3bridges 151:22bridging 104:3brief 6:11 8:1 9:18

14:18 22:9 38:5 90:2091:22 93:13 95:16243:6

briefly 37:16 243:4287:16 302:9 434:16

brightest 218:20bring 51:4 140:5 143:16

143:19 170:16,22171:11 185:5 264:2336:6 377:10 379:12444:20

brings 169:7 172:2broad 67:20 149:3

288:10broader 141:13 171:17broke 107:16 463:12,19broken 440:19 465:14Brookland 148:22Brookline 108:4brought 139:15 141:16

186:3 357:1 428:18429:14

Brown's 350:4 406:6Bruce 145:5budget 241:5 246:4

385:4,5budgetary 245:19budgeted 264:21buffer 219:7,8buggies 110:11build 103:13 178:20

205:8,9 222:17274:21 278:12,13303:10 334:12,12

335:6 350:8 394:14409:20 410:7,11,12412:12 443:18 449:5

builders 156:10buildings 102:15 127:8

132:4,18 135:4139:13,14 140:9142:10 150:7 151:13152:22 153:5,13,15154:5,18,22 155:3158:14 164:17 166:16166:17 170:15,16172:3 186:2,5 189:8189:15 191:12 195:15203:15 204:10 215:12217:2,15 218:2,10219:12,22 225:15227:13 257:9 266:15268:7 270:21 272:14303:1 336:18 337:22338:3 340:15,17346:14,19 347:17348:7,19 349:5,8,10349:12 353:18 354:18355:10 371:6 372:21398:2 404:17 414:10414:12 416:9,20437:2 438:4,8,21439:1,4,8,12 441:2442:2,3,4,21 443:1,12444:21 445:1,5,8449:5,8 452:14463:12 464:16 465:21

built 99:13 113:12205:1 215:7,12 236:3259:13 340:4,6404:11 408:11 421:16440:4 462:11

bulk 254:3,9bunch 464:11burden 217:16Burmeister 18:20 19:6

19:11business 31:4 171:21

295:8busy 33:11 405:9buy-in 220:18Byrnes 410:10

CC 2:8 282:19 310:19,21

420:21Cafe 352:10cafes 151:2,5,18calculated 246:10

324:18 385:6calculation 253:20,22

324:2

calculations 285:12327:18

calendars 468:20Calia 468:17 469:17call 50:20 112:21

121:19 193:13 202:17202:17 269:18 271:2271:16 272:18 275:6276:4 295:15 314:4351:22 365:5 378:14388:3 432:9 473:3,7

Callcott 473:3 474:16477:22

called 122:1 164:22310:22 312:9 326:6329:5,16 336:15388:5 421:12 422:9422:10,10 446:7473:9

calling 35:6 112:20472:20 475:4

calls 121:9 458:9campus 216:17 217:10

217:12,22 230:11,14230:16,20 238:2,10388:5 389:3 392:20393:14 410:22 411:11411:19 412:2 413:12413:22 414:5,14416:6,8,13

campuses 414:18cancer 237:11canted 150:14canting 152:2canvas 464:17capability 443:14capable 139:21 301:19capacity 217:15 225:8

293:13capita 215:21 224:11

394:2capital 28:13 61:17

149:1 218:20 291:8320:14

Capitol 95:12 102:12109:13 128:11 132:10132:12,13 143:2,7146:14 151:21 155:12162:21 197:14 201:3201:17 204:4 207:11209:11 219:6 247:4,8247:13 250:4 268:1278:15,17 319:2443:21 452:1 453:6

capture 329:8care 214:12 216:7,8

218:18 224:17,17237:7 238:7 283:7


484

311:19,20 312:1career 171:14 222:14

223:7,15 226:13careers 222:15,18

223:8careful 20:16 105:19carefully 104:10 264:20

317:5 444:8Carol 248:21Carolyn 2:3 22:3Carolyn's 256:3carolynbrown@dono...

2:6carried 110:12 298:16cases 5:6 7:2 9:22

10:11 11:2 52:7 99:21116:1 117:3 204:18217:17 307:10 316:1371:22 380:4,7472:10

catastrophically 92:1496:2

catch 451:12categories 113:13

206:2 337:19category 71:12 237:9catered 340:5catering 147:18cause 104:11,13 161:19

217:14 227:17 233:15380:6

caused 99:20caveat 397:19CBA 220:12,17,21

221:9,13 226:3 233:7cease 84:3ceiling 98:13 209:4ceilings 98:19 150:21celebrate 257:14celebrates 157:20

191:5celebrating 256:9celebration 440:3cell 91:12,13 92:15

96:13 97:5,8,9 100:16101:2,12,14 104:14105:6 120:11 123:16123:17 129:10,10,15132:7,11 136:19,19144:17,17,18 145:15145:21,21 146:3,5,8146:12,17 155:11159:8 160:1,2,3161:10,14,14 162:15162:17,19 163:2165:12,13,14,14,17165:18 177:17,18178:17,17 188:9,10

197:7,8,10,13 198:3208:1,2,3,4,5,20209:1,6,7 219:9227:15,21 228:22269:11 270:2 276:19276:20 277:15,16278:10 301:7,8350:12,16 361:18,19455:10,18,19,20457:13 459:5

cell-like 271:9cellular 146:1center 27:21 28:20

126:6,15,16 127:1,4130:2,3,8 137:8,10,18143:1 144:3 147:16152:6,18 157:8162:18 163:1 168:12171:9,21 191:9216:17 217:12 218:8222:18,19 223:22224:1 225:8 233:6238:10 262:7,18263:2,9,12 268:8273:5 290:16 296:6299:17 301:4,5 390:6391:13 392:18 393:13403:20 449:17 455:1455:2 465:6

centerpiece 287:22centers 275:5 295:20

300:14 312:3central 56:16certain 117:2 196:13

197:21 259:14 264:17264:20 274:5 302:21302:22 329:14 360:13360:14,18 385:11

certainly 23:13 43:15144:8 156:18 235:14251:21 269:19 305:15312:18 315:13 340:16345:6 361:13 367:5369:19 380:22 468:2471:9

certificate 43:1,10,1143:19 395:19,21396:1,11,20 398:5

certificates 395:16certification 45:4,11

46:4 333:19 335:2,22337:3,22 338:4,10

certified 31:3 259:12,16certify 335:6certifying 334:11,13cetera 166:11 323:21

343:12 439:3 446:9473:1

chairman 401:5challenge 127:17

128:13 140:22 141:5145:2 150:22 153:14175:8 191:3 192:16200:13 445:17 447:16

challenges 97:20 98:1299:6 100:11 145:8149:15 175:3 187:17446:14,19,20

challenging 98:21187:8 190:20 232:12239:2 262:2

chance 172:18 405:12470:21

change 94:7 104:15,17205:3 306:12 308:20349:16 353:3 373:17401:22

changed 90:18 202:7306:9 348:6 377:6402:11 407:1,12431:18

changes 11:13 36:17135:2 176:3 204:19357:5 375:1,3 377:9421:22 437:11

changing 137:2 178:1465:18

Channing 193:15,16321:13

character 117:22122:20 125:5 127:14129:3 134:17 137:16140:20 142:5 149:18152:14 165:18 185:10207:20 296:17 332:14358:10 419:20 428:11428:19 443:20

characteristic 101:9150:10,13

characteristics 60:10101:7 127:19,21128:5,17 271:9 438:2

characterization 42:1248:19 49:4 61:12,1362:7 74:7 428:6,15

characterize 245:16charcoal 153:22chart 116:6 184:20

424:4charts 424:9Chase 412:18check 17:1 21:8 426:10

461:5checked 471:22Chevy 412:18chief 265:21 336:7

362:16children 214:5 263:16children's 134:21

223:22 440:3 465:6choice 143:10Chris 3:12 21:8 88:7

141:3 284:14Chris's 21:12Christ 13:13Christopher 90:4chronology 196:17chunk 208:14church 13:12 203:17,21

204:1,3circle 111:1circles 217:1circulation 30:21

228:11,18 291:8318:22 354:10

circumspect 81:20circumstance 274:20circumstances 13:6

198:8 472:13cisterns 148:20 329:22citation 248:5citations 285:9cite 170:4 173:1cited 282:14 283:5

302:19 307:5 403:4cities 141:14 204:19citing 283:1citizen 124:21 130:14

470:6city 12:6 26:22 30:13

32:4 34:15 37:14 53:666:12 68:10 71:1872:5,10,12 79:17100:21 124:21 135:11137:3 140:7 141:17142:16 144:1,8 184:5185:12 192:18,19193:7 214:5,14 215:8215:17 216:8 217:3224:11,12,18 230:21232:4 234:22 246:5255:1 259:4,6,8261:21 263:8 264:10264:16 266:7 268:3,4268:12 274:22 277:4278:2,3 288:21296:16 299:17 301:1301:18 318:8 332:7340:4 390:10,18,20392:2,8 393:18 394:5394:6,15 399:22404:8,12,16 412:3,12416:11

city's 27:7 31:8 130:18


485

215:2 288:5city-owned 36:22

166:14,17citywide 289:4 301:14

390:18 393:9civic 124:21 267:21civics 57:17civil 126:2claim 9:14 12:18 69:1

78:17 388:22claimed 24:5claiming 70:10clarification 17:11 25:8

163:12 212:21 281:7283:4,6,9 339:12408:22 476:14

clarified 361:13clarifies 122:5 445:15clarify 31:20 62:10 87:2

119:21 123:14 253:9269:7 275:22 283:16326:22 381:5 386:20400:19 442:19 463:3

clarifying 63:16 64:15269:8 347:19 367:1381:11,12

clarity 131:12 137:11240:14 269:4

classification 338:14classifications 337:17clean 141:16 365:15cleancut 331:22clear 24:1 31:7 52:5

55:3 60:9 73:1,2119:22 123:13 131:8131:19 132:4,18134:2 161:16 177:10253:6 325:6 356:6367:6 380:5 381:14381:22 382:4 402:19403:6,7 433:21 434:1469:5

cleared 5:1 364:18367:11

clearly 23:19 154:9199:5 206:6 231:10234:15 255:2 260:22266:10 272:15 282:3360:11 364:19 400:7433:11

client 407:6climate 64:18 65:13,16

65:22clinical 237:9 395:10close 197:15 243:10

266:5 268:5 292:6,13318:3 452:11 461:4

closed 160:21

closer 112:9 130:3352:7

closest 130:6clusters 349:8co-applicant 76:17code 6:2 46:14,22 92:8

98:15 121:16 144:10186:14 190:19,21248:6 250:14,16259:14 326:8 334:3,6334:15,21,22 335:1,4335:9,17,20 336:2,5446:9

codes 334:10 470:14470:15

coffee 171:19,20coherence 374:22

444:20coherent 136:2 313:13cohesion 258:15cohesive 30:17 157:18

191:5 257:3 290:3297:2 299:4 437:22439:3

cohesiveness 192:4cohort 339:4cohorts 172:17collaborate 418:20collaborated 418:16collaboration 188:22collapse 92:16 94:9

96:4,6 105:12,16227:20

collapsed 92:15 95:13186:5 201:15 207:4

collapses 95:15collapsing 104:15colleague 423:20colleagues 159:17collection 416:8collectively 5:22 186:12college 223:11 266:12colloquially 13:21color 144:10 153:20,21

154:1 437:13 469:20colored 107:4coloring 94:1colors 157:9 194:9Columbia 1:1,7,11 7:8

11:1 15:7,20 17:527:1 37:8 43:1 46:1547:1 53:11 56:1758:13,17 59:6,9,1863:21 64:1,20 65:274:22 75:14,22 89:2,589:11,17 90:6 113:5187:2 189:5 190:2199:14 230:17,20

231:20 248:1 252:1256:20 257:18 261:8281:4 287:7 310:17320:2 330:8 334:18354:14 378:6 385:16388:13 389:9 391:3394:22 395:17 396:12397:19 400:3,8 402:4411:19 412:7 413:2414:6 415:17

column 98:3 103:7312:17

columns 91:19 98:2,9102:20 103:10 104:14105:8,12,14 145:18201:8,22 207:12,19270:15

combination 231:4237:17 279:5 304:13415:20

combine 172:15combined 220:9 257:8

293:17 344:15 413:21come 14:19 15:8 19:1

26:2 45:8 46:2 51:1459:10 73:18 86:3106:9 119:6 122:2153:14 155:12 171:22184:12 188:6 190:2192:10 199:17 218:16251:11 252:17 263:20264:12 265:2 268:13270:20 328:5 347:20376:4 384:11 405:8415:20 420:14 433:2437:11 467:2,4469:14,21 470:4,18474:20 476:10

comes 9:19 152:2195:11,12 332:1365:19

comfortable 449:19coming 105:16 132:13

142:22 160:15 175:9176:11 195:8 239:5257:5 262:22 265:15274:6,19 276:22329:9 467:7

comment 304:9 317:14350:4

commentary 373:5,5comments 374:18commercial 29:4 30:2

130:6 214:20 229:8230:7 231:18,19232:22

commission 28:13,1428:15 61:17,18,19

124:22 190:17 247:5247:7,8,13,16 250:4259:9 265:14 286:14334:9 372:14,17373:9,15,19 374:2378:12 401:9 471:22

commissioners 50:6commitment 198:5

396:19 397:5,15commitments 365:1committed 277:5,10

334:9 337:8 338:6468:22

Committee 29:11248:20 280:6

common 32:4,8 36:2169:11 379:17

communicates 280:19communications 13:1communities 220:11

226:6 336:21community's 265:21comp 135:19 295:9

309:10 323:20compact 137:15 138:4companies 270:9Company 212:8,13

235:9,16comparable 36:7

184:10 200:5 243:7289:19 386:8 387:1,8387:19

comparably 243:10,13compare 439:21 449:10compared 36:14 134:4

244:1,18 245:7 390:9comparing 328:12compatible 149:13,14

153:1,4 185:2 193:12194:11 195:6 298:4443:17,20 444:2,5,6

compete 232:11complement 242:4complete 96:13 101:2

101:10 131:4 145:21145:22 369:22 371:6375:19 474:3

completed 106:15,16215:10 372:10

completely 103:11,14145:15 306:17 358:13365:8 366:5 377:2410:11 415:6 441:4456:6 468:7

completes 446:2completing 113:3

229:15 446:22complex 213:20 229:15


486

238:20 357:10complexes 218:6compliance 190:14,19

446:8,21 447:19,20448:10

compliant 98:15 148:12complicated 119:1

238:20 358:15 422:15430:2 447:5

complies 65:1comply 364:22component 38:20

42:17 43:7 146:1208:19 209:6,9212:14,22 213:9214:2 220:4 224:5230:8 232:14,17,22233:21,22 261:2,4263:13,18 265:18279:3 336:10,13339:16 343:7 399:16401:19 402:15 403:22440:20 452:2,3453:10 457:15

components 55:4112:19,21 113:16117:5 119:14 180:15196:10 221:12 228:7232:15 262:14 263:17263:22 337:11 338:3338:9 354:7 431:7440:6,9 451:18

composed 153:13comprehensive 6:7

65:8 128:3,16 130:18190:16 199:12 221:5272:14 276:10 278:4286:6,11,13,21 287:2287:10,15,17,21288:13,18 289:3291:18 293:22 301:12301:22 302:2 309:15309:21 310:2,4,5314:2 315:22 316:2316:21 317:20 325:8325:10 330:12

compression 93:2,2comprise 290:11comprises 213:10compromise 95:1,6

160:21compromised 99:21compromises 161:15

161:17conceivably 162:5concentrating 392:1concentration 225:5

392:5

concentrations 217:2concept 135:5 169:20

174:8 175:3 194:5198:10 206:22 207:2258:10 371:22 391:22

concepts 376:2conceptual 125:4concern 282:13 283:8

364:16 365:16concerned 363:1concerns 58:13 265:21

358:17 364:13 397:11473:17

conclude 13:6 241:3279:14 405:6

concluded 241:9242:16 277:7 478:11

concludes 101:17235:2 312:21

conclusion 31:6 64:266:21 101:5 122:17145:9 205:19 273:17277:11 286:7 309:5309:16 377:14

conclusions 8:9 9:139:20 11:3,7 13:1059:10,15 63:22 66:590:16

concrete 91:4,9 92:2,492:8,10,13,22 94:295:18 96:6,14 97:15100:19 102:6 105:12105:14,21 149:6152:1 157:11 165:5194:13 209:4 269:16270:7 274:7

concur 275:15concurred 429:17concurrence 121:17condition 18:11 19:13

24:12 94:4,20 95:7,22119:14 151:9 176:8185:12 206:13 256:7358:22 359:20 397:20

conditioned 363:7364:2

conditions 93:13 94:3,6100:5 168:8 169:4302:22 362:5 475:8

conducted 5:18 7:5240:22

conducting 26:14 79:8confidence 11:16confident 396:22configuration 219:3

306:12 341:17 352:18353:18 463:13 466:14

configurations 346:13

346:19 347:9,16348:22 352:4 461:15

configured 272:20confined 91:13confirm 9:11 11:4 22:16

22:20confirmed 14:6confirms 11:6conflict 90:10conflicts 250:10 280:2

281:8,12conformance 7:6confused 356:18 429:9confusing 42:12 70:3

113:22 315:11confusion 322:19congestion 149:5 319:1congregation 204:5congruent 153:12conjunction 226:19connect 193:1,9 213:13

223:7,15 266:7connected 312:19connecting 158:17connection 134:15

193:6 213:1 240:18connections 321:10connectivity 127:3

135:11,12 142:16149:3 160:22 161:1192:17

connects 129:19consensus 220:18

435:8Conservation 119:4conservators 119:5,9consider 25:5 44:11

138:9 251:11 316:4,5346:15 350:2,19,20351:20 377:9 467:16470:10

consideration 7:16112:2 206:12 208:9213:7 215:1 224:6265:5 272:2

considerations 357:11considered 23:22 65:14

67:2,3 72:20 76:11,18130:13 262:10 346:10346:12 355:2 371:7422:13 423:7 435:5436:3

considering 323:2consist 100:20 292:11consistency 17:13

173:20 174:2 175:4179:8,19 182:21193:3 286:10,12

325:7 383:7 429:5450:15

consistent 5:19 17:423:22 127:14 135:8165:18 168:5,18174:8,12,13,14,17177:18 181:19 182:13183:9 184:10,13,16186:7 205:20 206:11255:10 256:5 274:9276:10 286:8 367:7376:19 379:5,16,21380:9,19 381:2 393:6419:20 424:19 432:15

consistently 78:19consisting 296:2consists 124:14 303:7consolidating 306:2constant 78:21constellation 144:4constitute 438:11constrained 349:18constraints 125:13

392:19 393:12constrictions 470:3construct 308:11constructed 6:7 92:2

145:2 308:21 388:15462:3

constructing 398:13,16construction 4:10,21

29:3 46:14,22 78:1893:14 98:5,8 99:15,17109:1 120:13 154:7166:14 180:22 181:21236:13 241:11,19243:22 244:2,7,9,11303:6 332:20 333:7337:18 364:5 370:18374:4 375:11 376:15458:4 473:16 474:4

construction-related294:22

consulting 189:11214:8 252:21 253:1

contacted 19:6contain 7:8contained 295:12containing 296:6contemplated 395:18

396:3contemporary 150:18

173:1contending 472:2contention 444:4CONTENTS 3:7contested 25:19Contesting 2:7


487

context 33:19 126:1,11141:6 142:14 156:6219:4 297:11,13298:4,5 388:12,20389:8,10 397:8 436:7439:8

contexts 126:13 465:5contextual 444:13continuation 52:6continue 31:9 196:22

204:13 234:22 310:11311:1,9,10 378:2419:18 451:4 469:6

continued 26:12 223:16continues 9:7 460:21continuing 310:14,15continuity 162:3,4continuous 91:4 133:6

165:5 201:8 296:3contract 11:12 16:21

20:20,22 285:5477:14

contractor 11:1 121:15contrary 287:1 364:7contrast 152:9 223:9contribute 25:3 142:17

277:9 431:9contributes 212:22

431:10contributing 356:9

358:6 360:14,17429:10,11

contribution 222:10290:20 296:10 300:1300:4

contributions 220:7292:20 295:4,6

control 323:22 328:17controlled 198:8controls 97:7 197:21controversial 12:7convened 1:12convenience 24:19

88:10convenient 126:22

127:5 292:6conveniently 51:10conventional 97:16conversations 238:15convert 320:4converted 290:12convince 421:7cooperate 26:1coordinate 6:20 21:18

194:22coordinated 139:11

140:9 158:3 159:4189:16 199:12 437:22

439:3coordinating 157:6coordination 29:2

160:10 169:15 437:16copies 210:15,16copy 251:3 280:4,6

422:19 454:5,6Corcoran 200:6cordoned 140:7core 294:6 310:12,13

310:22 311:1,9,11,15421:16

cork 177:7corner 112:10 116:20

135:4 149:6 152:3159:3 177:3 181:15197:12 466:4

corners 34:11 87:3Corps 111:18 112:6

126:4correct 39:11 69:22

71:10 73:14,15 79:1381:6 84:8 87:18,2188:2 103:18 105:18167:18 169:1 250:3304:10 314:9 331:19332:9 333:5 356:12360:20 361:17 367:16370:1 386:22 389:16389:17 407:2,13,21409:22 422:18 425:9447:6 459:17 463:1478:6

corrected 210:4corrective 5:6correctly 239:9 273:19

338:20 431:3correlation 94:10,13corridors 128:7 134:8

220:2corroborated 259:4cost 100:2,4 216:7

218:16 224:17 252:6252:11 264:5 265:5,6276:20

Costco 415:4costing 278:12costs 265:11 378:15,19

385:9,12,12,21coterminous 306:6council 28:16 61:20

72:13 263:6,8 264:10264:16 268:12,17277:5

counsel 250:9 280:2282:10 472:15

count 167:11 307:14314:22 317:1

counting 168:3 314:22328:18

country 182:18 222:6224:14 229:9,10,16235:12,15 236:1

couple 45:5 163:11167:13 185:21 252:17309:22 310:7 313:19314:4 345:8 383:14407:14 437:1 448:17477:9

course 20:2,22 33:465:10 122:3 127:11128:21 129:7 130:11149:8 154:5 155:21210:12 310:1 339:6340:18 405:4

court's 241:15 286:9courts 28:6,22 110:11

116:15 131:12 132:22140:16 143:3 144:13150:15 158:12,14163:19 164:1 175:20177:17 267:20 275:4360:4 420:4 453:9460:15

covenants 86:13,16cover 431:9coverage 138:1 304:1covered 131:1 203:18

259:21 260:1covers 110:2,8 150:1

198:19 451:20crack 95:19cracked 93:10cracking 95:17cracks 120:6craft 445:1crafted 149:11 222:2

442:12,13create 102:18 162:11

175:2 191:4 222:4243:21 267:19 270:16298:9 344:6 431:15

created 30:8 213:14294:22 298:17 343:14343:17

creates 148:4 209:3221:22 279:12 315:14328:1 360:9 421:19

creating 94:20,22152:18 187:18 214:9219:7 232:6 266:4296:19 328:5 332:11

creation 28:8 30:20108:16 122:10 138:20150:7 159:11 194:7219:14 242:16 289:14

294:15 343:11 437:21creativity 415:12Creek 93:18criteria 114:2 206:20

355:21 359:4 420:20427:8

critical 76:15 95:22113:13 193:20 213:15221:3 229:20 231:4421:6 432:10 449:20

cross 3:20 31:16 34:835:9 44:19 51:9 52:170:22 77:2 87:7143:20 313:4,10317:9 319:2 324:10342:4 405:7,13,18467:10 469:6 472:9475:14

crossing 102:12 149:4244:10 386:16 415:1

Crow 212:8,13 235:9,16399:10

cruel 476:8crunching 76:5crux 286:2culmination 29:16

220:21cultural 30:2 301:9culture 297:21 298:7cure 9:9cures 214:10curious 37:2 330:10

412:19current 8:11 94:3

114:15 136:5 172:13174:21 185:1,20202:16 229:2 231:8236:5 278:16 304:11331:18

currently 97:6 127:11223:21 231:15 293:12303:5 307:15 309:4349:6

curved 355:16cut 375:14cutthroat 232:6

DD 148:11D.C 1:13 4:16 5:4 6:2

7:6 12:6,14,16 18:1521:9 26:15 28:1661:20 64:18 65:16,2297:6,8 106:17,21120:1 121:13 124:12124:21 183:15 186:14186:18 194:15 198:4211:5 240:13 241:22


488

243:13 244:8,13245:17 249:9 250:20273:13,13 282:13,17288:15 305:6 329:10335:16 347:6 363:1365:5 378:8 379:19381:8 382:11 383:2386:15 394:2 402:12412:17,17 416:21

dais 467:9 468:3Dakota 244:10 386:15

415:1damage 94:2,5,12,15

121:1dangerous 96:7 105:10data 395:4date 274:3 372:15

378:21 472:16 478:2dated 280:11 417:10

418:12dates 306:19day 108:5 126:22 127:9

171:17 195:4 257:14261:19 273:22,22349:20 381:22 416:17

day-to-day 391:12days 121:21 156:11daytime 143:16 170:16

170:18 213:15 232:17234:1 449:7,13

DC 2:5,10 449:11,12461:2 468:6 470:14472:20 475:15

DCRA 121:16 363:19366:4 368:1

DD 374:16deal 46:7 81:15 118:22

153:8 265:8 335:10356:3 365:22 368:14428:8

dealing 52:1 113:21117:17 195:14,16

deals 248:7 250:14395:5

dealt 249:13 354:20debated 354:12 355:8debates 354:16decade 232:3decades 30:4December 5:4 48:7

362:4 363:5 378:18decide 80:20 82:4

357:22 395:22 429:1433:16 469:9 477:1

decided 11:22 13:9193:5 253:12 363:3380:18 462:9

decides 430:16

deciding 404:13 429:3decision 11:10 14:5

16:8 19:3 20:17,17,2024:7 26:15 37:1738:11 81:17 111:11119:17 121:10 122:2167:10 168:2 241:15245:3 247:10 249:8,9262:13 282:14,18347:7 356:14 359:8367:15 381:5 383:3,6397:4 402:19 448:4,8

decision-maker 12:2112:22 13:4

decision-making 17:3249:16,19

decisions 5:5 9:5,6,11257:22 287:18 354:6

deconstructed 199:2451:10

dedicated 300:4deed 115:18 190:18deep 91:7 260:11deeper 107:4defer 35:11 50:22

376:11deficiencies 299:21define 39:13 445:1defined 108:14 134:17

144:12 335:13 336:1421:14 436:19

defines 441:21defining 122:21 127:14

127:21 135:9 137:16140:20 142:6 149:18152:14 358:10 419:20420:1,9 421:6 428:11428:20 432:11 456:22

definitely 20:1 179:3181:7 182:17 364:11424:11 454:14

definition 40:12 41:2,1244:9 71:13 73:10186:16 268:14 445:14445:15

definitions 39:13,1441:21 73:4,10

definitive 361:21degree 95:6 223:11

288:16 302:2 303:12436:2 474:19

degrees 94:2 100:1266:12 431:6

Delaware 89:14delay 380:14,15delegated 10:2delegation 11:8deliberately 38:17

delicate 264:15deliver 213:17 218:18

238:1 268:21delivered 214:13

215:11 237:7,15264:22

deliveries 231:22delivering 396:7delivers 292:7delivery 216:7 224:17

238:7delve 363:12demand 215:15 217:14demanded 213:18demands 394:16demolish 4:7 163:7

208:20 274:5demolished 24:13

208:11 408:16,17,18453:18 456:6 457:14457:15 458:20 459:3459:9 460:1

demolishing 177:21457:16

demolition 4:20 5:2 6:36:8,16 9:22 12:4,9,1220:4 24:4 25:10 31:748:6 82:13,17,19 98:3118:21 125:8,19130:15 135:15 159:6183:10,11 190:14208:8 227:2,7 233:8233:12 272:4,7 273:3274:10,12 279:7287:5 307:6 309:8,13309:19 362:3,6,7,11362:12 363:5,10364:1,7,20 365:7,11367:3,22 370:20376:16 377:5 473:13474:19 475:9

demonstrate 125:11286:10

demonstrated 99:19demonstrates 286:18

302:3 314:3demonstrating 286:3

353:1denied 13:7 396:12

398:9density 219:1 229:3,5

230:4 233:20 234:9332:14 465:20 466:6

deny 9:17department 281:1

282:16 354:15 364:18departure 225:15dependent 160:15

229:19depending 35:2,3

161:18 178:12depends 46:7 74:9

162:3depicted 435:14depth 103:14,22 410:13deputy 1:8 8:22 14:1,12

14:15 15:3,17 22:7,1522:21 25:14 26:831:22 32:16,17 33:1134:1,3,7,21 44:1151:5,8 52:18 53:455:15 56:3 57:1458:16 75:11 76:3,478:7 79:16 83:2 85:286:9 87:12,15 400:12

derived 36:12derives 141:10describe 95:9 236:22

287:16 336:16 443:11459:21

described 102:2 198:9262:18 287:21 320:12355:3 369:15 460:3460:11,12,14

describing 68:4description 95:16desert 261:21deserving 214:1design 30:17 99:15

101:15 107:16 114:9127:16 135:8 136:11137:15 139:11 141:19145:6 148:11,16149:11,13,15 150:4152:8,21 153:2,15154:10 155:15 156:9156:13,20 157:9,19158:1,8 169:14 194:8204:6 218:9 225:14225:16 228:18 252:11289:13 290:5,5,18296:13,15 297:1,3,6369:3,5,9 370:5,11371:10 372:9,13,15373:4,6,8 374:3,12,14374:19 375:9,15376:2 407:8 431:18431:20 435:17,21437:4,13,21 438:1,4439:3 440:6,9 444:18444:22 454:22

designate 284:12designated 4:5 107:15

209:12,16 430:4,15designation 202:5

214:1 222:9 234:17


489

425:16 427:11designed 96:15 122:20

163:3 172:4 179:6180:6 204:3 222:13223:14 228:17 290:19293:6 397:17 437:3440:14 443:12 449:8450:1 464:1

designers 124:13designing 156:12 195:9

204:4 218:2designs 44:4,6,12

189:15 370:16,17435:5,13 436:10,11463:19

desire 232:11desired 143:17 268:21

459:11desires 261:15desist 84:4desperately 225:9destination 30:12 192:3

199:16destroy 408:2 409:8,13

409:18 410:2,12destroyed 410:3destroying 104:4destroys 98:9destruction 271:19detached 341:15detail 67:21 97:21

135:1 139:3 150:3161:9,13 264:9288:10 336:17 373:1

detailed 81:4 375:11details 76:7 135:1

150:1 252:5 467:19detention 148:20

329:19deteriorated 24:12

185:16 359:21 458:15deteriorating 358:22deterioration 360:4

361:3determination 49:1

97:7 247:16 307:19361:4

determine 111:16 115:3282:21 324:7

determined 100:8241:17 358:5

determining 286:22detract 322:22detriment 60:17Dettman 3:18 246:16

248:11 249:21 250:1251:5 280:1 283:14285:15,18,19 304:21

308:9 310:7 311:21312:13 313:21 314:12317:13 319:5 320:5321:3 324:17,21325:4 326:19 327:7329:1,7,18 330:13,19331:20 332:13 333:5345:20,21,22

Dettman's 247:1 284:17313:4

develop 51:10 128:14434:21

developed 43:2 100:6101:6 114:2 124:1,19127:17 130:15 150:4151:22 169:10 214:21220:8 226:18 227:18230:21 235:21 306:21350:4 398:2 417:15

developer 74:3 189:6212:13 220:7 229:9229:10 235:15 252:10263:22 265:8 268:2269:13 270:4 278:2

developers 158:4166:21 189:4,7

developing 238:5 415:7448:22

developments 45:10229:16 243:13,15,16454:17

deviations 376:1devices 412:10devoted 147:22 216:2diagnostic 395:10diagraming 150:13diagrams 150:5dialogue 157:3dicta 24:2 382:14,16difference 208:18 431:7

432:6 443:22differences 349:21different 14:13,22

15:20 46:8 53:9 61:1661:21 64:22 65:19100:1 107:17 109:11114:5 126:13 137:7146:17 153:16,16,17154:6,6 156:11164:19 168:22 170:10171:6 172:16,16,16178:6 181:3 182:2191:2,14,20 192:14196:1 198:20 204:11214:18 229:21 236:17245:19 246:4 249:12249:13 253:5 266:1266:20 271:6 272:14

276:1 306:17 337:16339:19 346:13,14,19347:8,12,16 352:4377:2,3 392:14393:10 407:17 414:9415:6 422:6 432:4445:12,13,14 452:16454:21 456:9 461:11461:15 462:14,19463:9,11,20 464:1,7464:12,17 465:11474:11

differently 457:18difficult 187:20 193:19

195:17 228:6 270:8,9275:7 323:4 353:16

difficulty 100:1diffused 141:3dig 271:11digress 265:15dimensional 147:4diploma 223:11direct 52:3 56:14 67:5

94:10 125:2 216:14225:1 232:13 279:19280:8 312:22 336:4362:8,14 364:12401:11 418:2 472:21473:4

directed 221:14directing 377:13direction 125:5 286:1

288:2,10directly 54:4 60:20

70:18 71:21 75:2213:16,21 216:16219:3,15 220:10221:5,9 225:20 226:5286:4 288:17 289:6290:2 291:2,5 293:4293:21 294:14 295:11295:22 296:14,22300:11,19 301:4,13301:20 309:9 325:9385:17

director 8:12,21 9:3,910:4,8,13,16 11:9,1311:19 13:14 14:716:16 52:17 55:1575:9

disadvantage 10:14173:2

disagree 428:5disagreed 425:11

430:12disastrous 16:10disbursed 464:11discontinuous 163:21

discovered 203:20465:1

discoveries 122:10discovery 122:7discrepancy 413:4discrimination 470:16discuss 186:9 283:11discussed 97:21 112:4

112:7 167:9 168:5341:10 448:14

discusses 426:12discussing 174:1,9

206:10 475:12discussion 106:9 115:8

155:16 174:2 208:17260:11 261:6,14280:14 301:11 308:22324:13 388:12 419:16448:11 454:10 471:2471:14 477:12

discussions 196:17260:21 433:7

disease 141:15dismissed 33:12disperse 464:17dispersed 392:7dispersing 392:2displace 332:17disposition 29:15

335:14dispute 276:21disputed 383:5disqualification 249:2

313:3disqualified 11:20

13:18disqualifies 248:11disqualify 8:11,13

20:18dissembled 111:19distinct 279:8distinction 14:11distinguish 167:16

168:9 251:1 443:16distracted 307:21distributed 222:11

312:6distribution 295:18

297:9district's 28:16 215:4

215:13 234:21 288:12288:14,19 289:10291:17,22 293:17294:6,16 299:20311:1,15 327:16330:14,16

district-financed335:10,12,22


490

districts 4:22 126:17diverse 36:21 126:1

127:7,9 139:18143:19 189:2 295:16

diversify 311:11diversity 171:4divide 346:21dividing 365:15Division 22:13DMPED 52:17 56:3 58:5

58:15 74:19 75:1076:17 243:16,20244:13 467:8,8

DNA 150:5 152:8doctor's 414:18document 67:2 331:22

368:5documented 121:10documents 22:22 211:6

259:5 369:15 375:11407:8

DOE 473:9doing 6:20 76:4 112:8

120:12 127:20 172:19176:5 177:2 184:8187:19 235:12,18236:20 273:17 305:10306:6 322:4 328:12346:20 350:2 368:6384:14 396:18 412:11413:17,18 414:3416:16 447:15

dollars 30:6 245:6267:10,18,21 275:5295:6

Dome 204:5Donohue 2:3 22:4door 95:21 120:11

165:12 241:1 246:2371:17 373:12

doors 458:8,10,13dormant 30:11dots 389:18dotted 107:3double 168:3 260:8

266:5 314:22 426:10downgrading 359:1downtown 265:22

266:1 412:17 416:21449:11,12,20 450:10450:11,12

dozens 275:16 276:1draft 11:2drag 70:8 474:10drainage 96:19dramatic 202:14 233:16dramatically 109:12

202:7 214:18 227:16

draw 203:3 349:5 449:9drawback 313:9drawing 107:18 108:18

109:4 147:4 150:19150:19

drawings 111:15114:22 118:17 197:19355:6 370:6 371:6373:11,18 374:16426:18

drawn 14:11drilling 393:5drink 234:13drinking 141:17drive 183:21drive-up 352:18driver 220:5 401:16

402:3drives 240:2drop 353:1 406:10drop-off 352:19 353:5dropping 353:12due 8:17 13:7 93:10,16

100:10 104:17 127:2194:22 339:6 382:11

Dulles 411:14duplication 7:4duty 470:5,6

EEakin 401:5earlier 145:7 152:8

159:14 194:20 208:17274:13,15 303:4384:18 385:2 420:17439:14

earliest 396:8early 192:17 202:5

206:17 208:5 232:5earmarked 267:10earning 40:3earth 120:7 398:16

457:19east 126:7 132:17

133:15 162:19 180:17182:4 243:10 244:4244:15,17 351:22352:1 386:16 389:15389:18 390:4,13411:15

east-west 128:6 320:16eastern 228:1 229:1

233:18Eastman 124:12easy 172:11 181:16

188:20 194:20 218:15ECE 8:17economic 1:8 9:1 14:2

14:15,16,18 15:5,816:12 22:8 25:1,1526:9 29:6,11 30:134:8 52:19 53:6,7,1053:12,20,22 54:1,5,1054:16,20 55:1,5,16200:18 220:5 229:18231:15 233:1 240:11240:19 241:16 242:12244:22 266:11 274:13288:12 293:19 294:3294:7,17 310:9311:11 312:8,13330:5,6,8,14,16,17,20331:4,11,13,21401:16 402:2,22466:8

economically 6:5 227:6229:7 231:10 309:12466:14

economics 279:13economy 214:16edge 94:22 194:16edges 179:7 180:17editorial 445:4educate 195:19education 191:9 221:21

222:14 267:7 292:21311:4 312:10

educational 117:10299:7

effect 247:6 259:16308:3 318:20 463:21

effects 165:9 315:15316:6,7

efficiency's 32:21effort 109:21 119:6

120:6 122:4 158:3189:18 195:18 204:7220:20 403:21

efforts 120:9 175:11220:10 226:5

Eig's 256:4 431:1eight 23:5 207:17 252:2

254:13 264:16 400:22eight-year 263:1eighth 284:19either 8:1 13:5 266:21

387:8 400:19 403:12403:14 404:4 407:19408:2

either/or 392:6elaborate 53:8 55:7elaborated 32:20 36:1elaboration 48:14elderly 267:12,14elected 247:21electric 270:20

electronically 477:18477:20

elegantly 442:12,13element 65:19 128:4

142:4 172:1 219:13287:12 289:2,2290:22 291:2,14293:1,6,20 295:10,12297:1 298:7 300:6,6,7300:9 301:15 304:12305:13 310:10 312:14317:18 326:18 358:1359:12 403:15 423:12424:22 433:10,17460:22

elements 26:19 49:2049:21 65:11,14,19130:17 137:16 138:3142:6 144:5 150:17154:11 168:7,11207:12 255:20 287:8289:4 291:12 297:21299:8 301:14 302:1311:22 313:11 314:2314:20 316:21 317:21323:20 324:3,7,11,20325:1,3 368:10,21433:10,18 441:19445:18

elevation 103:20elevations 156:16,17eliminate 161:20 162:5

162:7,16,17,20233:18 408:2

eliminates 100:16161:5,8,11

elimination 159:18Elizabeth 21:13Elizabeth's 243:9 244:4

244:15 386:16eloquently 415:11elucidate 200:22

427:18elucidation 83:20email 211:8,15,20

403:18emblematic 128:8embrace 225:20embraced 128:14 218:3embraces 125:5emergency 121:4,19

123:15 311:20 312:1312:5

emergent 133:15emerging 131:18

133:14 134:15Emily 3:13 106:2

173:18 256:4


491

Emily's 140:19 447:10emphasis 312:16emphasizes 101:6

139:10emphasizing 298:8emphatic 128:8employee 10:22 12:15

34:16 280:19 281:1282:16 365:6 473:10

employees 241:13247:21 281:9

employers 223:21employment 15:15 31:4

35:19 36:4,6 223:6,6243:18 280:3 343:12385:9 386:7,8,18

encourage 174:20,21encouraged 184:22encourages 310:11

333:6endorsed 29:8,10enforcement 50:5

366:6 368:4engage 81:3 157:3engagement 29:17

220:22engine 233:1 240:3engineer 18:19 89:1

90:4 119:4 121:14engineering 89:4,13,14

90:5 101:22 157:21196:3

engineers 111:19 112:6126:4 189:11,12421:16

enhance 122:20 174:19194:11 218:18 265:11

enhanced 134:9 219:19enhancement 117:18

185:19enhances 129:20

252:12enhancing 255:22

256:6,9enjoined 6:20enjoy 160:16 181:13

198:1 444:22enjoyed 144:1enjoying 191:19enlisting 10:18ensure 45:9 221:20

265:8 312:2 368:10ensuring 65:2,4 292:3enter 278:15entered 7:1 418:13entertain 18:18 19:10

249:1entertainment 244:4,15

entire 91:3 100:21101:4 107:11 108:14109:20 110:2 144:17177:5 181:19 183:1203:4 208:9 212:19227:19 229:1 230:5230:16,19 233:18,20241:4 246:3 326:9327:8 333:8 411:12412:3 449:22

entirely 178:17 230:9243:7 396:10

entirety 252:4 394:22457:22 462:4

entities 238:9 363:2entitled 402:1 478:11entitlement 343:3entity 31:4entrance 452:2entries 150:11 157:2entry 152:15,17 162:20

163:21 226:14 353:16353:19 455:2

entry-level 223:2,4environment 232:6,12

326:11 415:15environmental 31:1

65:7 166:9 259:1292:22 293:1,5324:22 326:17 327:10469:19

environmentally148:10 329:3

environments 218:12envisioning 56:18equal 36:15 245:6equals 274:10,13equate 207:12equipment 96:17

178:10 263:15,16equivalent 148:12

241:12 293:7eradicate 141:15error 368:4especially 234:10 292:1

293:22ESQ 2:3,8essential 127:19

151:10,11 368:21essentially 8:19,22

10:18 18:4 19:19109:7 135:5 189:6246:3 270:21 302:20

establish 23:8established 134:15

169:19 298:13establishes 129:2

288:8

establishing 331:7establishment 28:7

290:5estate 15:16 77:16 78:2

216:20 230:15,17235:18 388:6,10389:2,3 411:1,6,11,20412:2,9,16 413:2,8,13414:6,22 415:14,18416:5,6,14

estimate 406:2estimated 385:7estimating 206:7 406:6estimation 449:22et 166:11 323:21 343:12

439:3 446:9 473:1ethics 247:19 248:10

248:14 249:4EUI 438:10,10 439:5,8evaluate 65:8 173:18

272:3 371:3evaluated 54:5 322:1

421:3evaluating 429:6evaluation 114:9

420:18evaporate 330:2evening 251:15event 120:22 475:9events 361:15eventually 36:17everybody 68:22

171:11 189:19 211:18307:21 313:14,15353:9 405:3

everybody's 123:13evidence 6:18 7:15

18:10,13 19:20 24:983:6 187:8 367:18,19393:15 395:4 402:20403:3 431:1,2,2

evidenced 159:13261:1 274:7

evident 133:7 134:3141:2

evidentiary 20:19evolution 130:21 135:7

136:12,18 303:22304:3 308:16

evolved 130:11 135:14137:1,12,15 138:4348:18

ex 13:1exact 103:22 373:10

378:20 457:10 463:13exactly 37:13 78:12

163:16,17 183:13207:15 248:18 314:20

319:16 321:10 322:8363:22 460:9 473:16

exam 237:10 395:10examination 3:20 31:16

34:9 35:9 44:19 51:952:1 70:22 79:8 313:5313:10 405:7,19469:6 472:10 475:15

examine 77:2 81:20348:4 405:13 441:17

examined 87:7 348:2352:3 467:11

examining 149:17317:9

example 36:11,1537:17 41:15 73:11103:22 151:15 157:10170:14 171:1 209:11227:21 243:20 256:15276:13 277:16 278:11315:2 319:22 327:5328:2 341:9 347:13347:14 358:19 385:18391:2 393:20 406:6433:12 437:8 438:10450:10,11 454:15465:11,12

examples 60:1 184:19185:22 198:15 380:22

exceed 24:10 327:19exceeds 27:17 69:7

254:1 334:10,15excellent 256:21exceptional 188:3

241:5 242:4 243:14excess 104:3 245:4

386:12exciting 112:12 203:2,8exclusion 313:3exclusive 392:12excuse 66:15 126:10

258:17 377:16execute 53:5 229:12executed 255:4execution 29:18executive 29:8,10

247:22exemplary 27:2 30:16

48:12,13 49:1,10,1849:21 85:5 140:10149:9,12,15 157:16186:18 187:18,18188:15 189:16,20194:19 195:18 200:17206:3 256:15,21258:5 259:21 262:20302:5 369:7,20 370:3370:21 377:1,6


492

435:17,18,21,21436:3,6,10,11,16437:1,7,17,20,20438:5,11 439:6,10440:7,10,18 441:3442:4 443:1,3,15444:3,5,7,15 445:10

exhibit 285:6 310:19,21401:8

exhibits 196:17 197:17284:3,13 476:2

exist 15:14 127:11150:2 168:13 169:8303:11 309:2 356:17

existed 14:9 107:8108:13 109:11 283:9

existing 6:19 11:1993:16 96:21 98:4,1899:12,16 129:20130:7 140:3 147:1150:16,21 152:9,16168:8 169:3 205:5206:13 215:16 216:22217:10,11,15 224:12237:21 289:21 303:11307:1 308:12 309:1314:11 318:21 332:10332:15 333:2,7,10338:19,22 339:3343:16 346:14 348:22354:21 404:17

exists 20:12 108:22303:5 305:4,5 309:4

exit 150:11expand 225:9 310:11

470:11expanded 25:1expanding 217:9

294:10 470:17expanse 138:2expansion 217:19

294:5 391:16expect 74:17expected 274:5expeditious 471:1expenditures 241:8

245:15,17 383:19384:2,4,5,16,20 385:2

expensive 112:5 264:2experience 45:6 101:3

101:11 129:9 143:15144:7 145:12,20,22146:17,18 152:13161:22 163:4 181:11182:20 183:1 196:21197:5 202:1 203:5218:19 223:7,17,19229:11 255:16 353:15

experienced 138:3181:22 255:21

experiences 139:18147:6 196:18 197:6295:17

experiencing 188:19393:13

experiential 198:12expert 16:7 19:11 88:12

88:16 106:3 145:6239:9,16 246:17248:16 249:2 320:21321:3,5 443:8 469:18469:19 471:8,9 477:1477:4

expertise 229:12 235:8235:19 242:12 248:14436:7

experts 226:19 256:19257:18

explain 24:17 43:4 62:5117:10 119:8 122:22174:16 184:4,21197:17 381:1 413:4430:1

explained 125:22144:19 150:5 385:2415:11 453:15 462:9

explaining 175:8explicit 17:17explore 298:20explored 25:11 349:1exploring 151:1expressed 365:17expression 117:16

158:10extant 116:19 408:14extends 107:13extensive 28:10 222:1

223:18 295:3extensively 270:14extent 21:17 169:19

172:21 238:8 258:4269:3 270:2 303:14304:5 308:14,19309:2,15,21 315:14322:11 325:9,20343:1 348:17 349:1349:16 361:2 369:21426:2

exterior 129:3 180:20198:16

extraneous 365:13extraordinarily 187:7

264:2extraordinary 163:6

191:3 196:21extreme 190:13 446:7,8

446:18 465:12extremely 105:10 189:2

217:13 239:2EY 340:13EYA 251:21 401:5Eye 203:14eyes 447:19

Ffabric 131:4facade 203:12 437:11

441:21 442:16facades 154:13 185:8

296:19 437:16 442:10445:19

face 172:4 282:2faced 127:18facilitate 149:5facilities 27:11 74:21

75:21 131:2,17 132:6147:17 148:5 149:2151:3 212:18 213:6214:4,8 215:4,7,16,21216:13 217:16 222:20224:10,21 225:20234:19 236:4 237:2,8238:3 242:17 289:16289:17 292:15 294:15295:13 296:12 299:6299:7,10,11,12,21,22310:6 311:7 312:1,5320:14 388:15 389:12389:15,22 390:4,11390:12 391:2,8 393:1393:17 394:1,12,16394:21 395:6 396:6,7404:8,16 414:16416:13 462:17 463:10464:6,10 465:2,13

facility 25:7 30:2042:18,21,22 43:7,1043:13 66:16 67:1675:4,20 133:3 147:21212:9 227:17 228:2,4228:11,17 233:17235:12 236:11,21240:2,16,20 241:17241:20 242:2,22243:1 299:19 322:20323:3 330:6 350:21351:2,21 353:13388:17 395:12 399:15399:21 400:1,5,7,17400:20 401:16,19,21402:14,22 403:8404:11 415:13 439:16462:1,3,8,10 464:1466:11

facing 162:1fact 8:9 9:12,20 11:3,7

11:14 13:10,15 15:1120:19 37:19 39:7,842:4 48:3 79:8 86:10105:7 115:22 116:10123:8 176:6 180:3186:7 214:19 234:14249:13 253:11,17255:16 256:5,7262:15 266:12 288:4307:6 308:2 322:21328:1,3 331:9 333:2338:17 339:14 341:5352:7 362:10 377:8380:13,15 413:15415:19 420:17 421:5424:19 426:12 440:2440:14 446:18 448:20450:3 459:11 467:18476:5

factor 37:17,19 38:12206:15 245:9 358:22371:7,11 385:18

factors 206:12 215:18354:7 415:20

facts 402:9 474:8,10,11factual 68:2 402:10fail 160:9failed 120:18failing 96:2fails 92:13 160:12failures 96:5fair 16:2 246:10 254:21

339:7fairly 12:13 55:3 205:13

371:13 379:17fallen 183:4falling 97:15familiar 46:9,13 77:17

77:21 82:7 104:1110:16 334:2,5,6,22335:3,16,20 401:9

families 28:1 162:17171:11 261:5,10,10292:18 339:18,21340:2,6,12,17,21341:4,7,14,14 342:8342:20

family 154:4 189:9195:16 223:8,12277:20,21 287:22290:11 343:6 437:5438:19 470:12

far 24:10 64:14 68:9213:20 237:4 253:22277:22 284:11 370:16469:9 470:16


493

fared 93:9farm 181:2fascinating 202:3fashion 175:7fashioning 475:7fast 394:14favor 14:5 190:6 245:9feasibility 252:5,7

274:14feasible 77:5 100:3,8

102:18 103:12 105:6125:14 187:16 229:7231:10 413:22 468:11

feasibly 227:18feature 32:9 42:20

157:13,14 161:1162:22 356:9 358:11428:12,20 432:11

featured 142:7features 24:6,13,16,18

24:22 27:3 30:14,1832:3,12 45:2 48:1653:10,22 101:8,8103:15 122:21 125:9127:14 128:7,15129:12 134:17 135:9135:13,16 138:5,5140:5,15,20 144:1,15144:20 145:17 147:8148:21,22 149:4,19149:21 152:14 158:21159:5,19 163:8166:10 167:17,19169:14 186:19 206:14207:11 212:9,17213:7 218:15 231:11258:19 284:14 286:3290:2,18 291:4 292:8293:4 294:4,13295:21 296:21 298:11299:14 300:18 301:12309:9 322:7 360:13360:14,19 361:3419:21 420:1,10,11421:7 430:6 433:13

February 280:11federal 73:13,15,19,20

247:22 250:19,21281:13,13,14 282:6,7311:2

fee 341:14feel 32:3,5 283:10

324:14 334:19 345:13391:21 396:21 449:18

feeling 392:19feels 333:20fees 378:16feet 36:9 103:19 104:4

124:17 147:22 148:9217:4 219:1 220:1229:2 230:19,22231:1 236:2,6 285:13311:7 387:9,20410:12 411:16,21412:3,7,12 416:7462:16 463:9,11,13463:15,17 464:3

fell 398:13felt 257:13 345:19

353:17 386:11,17402:4 442:21

fence 181:17 448:21fenced 30:4 321:12fenestration 153:5,6,22fewer 305:10 346:2

348:19Fichandler 202:18field 119:11 263:14

436:19fields 180:22fifth 2:9 226:7 284:17fifty 267:18figure 34:21 150:22

370:11figured 350:7filed 22:18,22files 211:8filing 229:5 310:20

347:2,5filings 22:18fill 93:21 94:11filled 93:19 295:1

344:19filter 62:17 82:7,11 91:7

97:7 103:19 131:3,14132:1,15 133:11134:2 179:12 182:6408:19

filters 99:12 103:11148:19

filtration 4:9 62:14,2062:22 63:6 106:13107:13 108:17,21109:9 110:6,6 118:1126:3 141:2 179:12179:18 303:7 305:5,7453:2

final 9:5 97:7 360:9370:16,17 371:6372:3 374:12,14,19375:9 376:3 412:8433:8 476:12

finalized 343:1,4finally 25:9 108:3 113:2

137:21 195:3 244:21309:17

finance 74:10financed 46:15 47:1financial 462:2,15,20

463:6,21 465:22financially 463:7financible 228:19financing 74:12find 87:20 157:15

170:12 251:8 268:16268:16 270:7,9 277:1311:18 315:10 318:18322:16 323:4 429:20439:19 454:4

finding 12:17 212:21245:9 250:8 367:7444:1,2

findings 5:6 8:8 9:12,2011:3,7 13:10 307:5406:22 432:22

fine 28:15 35:2 44:2,2051:20 61:19 80:13284:6 285:3 317:16418:5

finer 375:9finish 432:20finished 33:13 86:3

108:3 120:16 398:16405:11

fire 99:2 167:5,5 245:20385:12

Firehouse 184:18185:14

firm 22:3 90:6 200:10200:11 235:16 266:2

firmly 379:4firms 189:13first 4:9 12:5 19:18

25:14 31:4 35:1881:12 93:22 106:8107:14 108:22 110:20126:7 128:10 139:10154:22 175:10,14184:9 187:15,17189:1 213:4 222:10224:9 230:10 239:19240:21 262:17 271:22280:10 281:7 284:13298:18 302:14 328:21329:8,13 347:20354:18 377:18 384:6386:21 401:2

fiscal 25:2 29:6 35:1936:3,5 37:18,20 38:138:7,8,13 41:22 42:442:8 80:9 239:9,10,16240:11,19 241:7,16242:1 243:1,18244:22 383:18 384:1

386:6,8,18fit 261:9fitness 147:18 296:7fits 262:2fitting 204:12five 195:10,11 228:2

263:4 267:9,11,21269:18 281:18

five- 331:3five-minute 281:16five-year 331:17,18fixed 228:7 264:18flat 180:8 421:19flexibility 115:11flip 351:14flipped 209:2flipping 344:2 350:20

352:16flood 66:11flooding 66:6floor 2:9 69:10,14 70:16

148:3 154:22 164:15176:10 178:10 201:8207:14 354:18

floored 253:14,19,22floors 176:11Florida 89:13flow 149:5flowers 199:1flowing 220:10 293:16FLOYD 21:12focus 26:17 222:2

223:2 285:20 286:2325:13

focused 213:5 226:12403:10

focusing 223:4 333:4folks 138:7 171:8

238:15 254:22 255:15266:14,22 267:14353:12 467:2 468:5

follow 37:16 38:16115:19 121:20 333:5350:10 356:4 364:17375:22 438:6

follow-up 104:21123:11 167:8 206:6235:7 328:15 346:7

followed 14:10 106:16357:7,17 431:15

following 21:12 29:1278:11 83:21 118:3458:16 461:1

follows 7:15 122:14FOMP 243:17 252:20FOMP's 243:5 405:18food 261:20,21foot 98:2,9 105:7 219:7


494

412:6footage 36:15 70:6

207:18 340:2 462:21463:18 464:13,18466:13

footnote 25:5footprint 137:20,21

219:16 227:12,16228:1

footprints 218:11forced 194:2 220:15forces 93:6 220:3forecasted 244:6foremost 175:15 189:1forgot 312:16form 19:19 91:17 95:19

95:21 152:7 177:14177:14,15 178:11475:3

formed 49:16former 247:20 249:15

280:18 282:16formerly 148:2forms 93:3 95:19 96:1

150:9 157:8 188:22192:14 194:10 297:10

formstone 203:18,19formula 218:5formulated 254:13

383:9Fort 111:14forth 278:3 291:17

372:13fortunate 108:2fortunately 19:7fortune 251:21Forty-five 210:2forum 58:12forward 12:11 23:1 56:1

74:18 75:7 133:22218:3 225:17 235:3250:12 255:2 272:13275:8 279:16 282:3369:14 435:9 447:12

found 10:12 13:9 64:11112:1 144:5 171:13202:6 241:21 249:17271:11 274:4 312:12325:12 380:13 428:19443:20

foundation 23:8 106:8123:22 166:2 221:17223:18 226:20 270:22

foundations 92:1296:22 98:4,18 165:22

fountain 110:22 111:2,6111:7,17,18 452:19452:21

four 5:12 6:13 23:625:12 34:10 87:390:12 91:14 125:8141:10 184:19 189:4189:12,13 200:15208:21 217:11 223:11227:2 285:21 456:13

Fourth 226:2 284:16fragility 119:18fragment 133:16fragmentary 132:17fragments 133:15frame 98:7 152:15,17framed 150:14frames 100:19framework 140:3 158:3frankly 16:9free 11:10 18:5 264:5freed 217:10freestanding 209:8frequently 444:5,6fresh 141:17fresher 313:18Friday 1:10friends 14:11 16:14

17:21 18:9 432:21front 46:20 54:10 84:19

201:4 207:16 250:18255:12 362:4 406:12421:11 422:3 423:22459:5

frontage 130:4 349:3353:21

fronts 153:12fruit 416:2fruition 252:1fruits 15:6fuel 233:4fueled 214:16fulfill 27:7 355:18full 27:19 28:18 136:20

165:14 188:19 361:18full-service 290:16

294:18full-time 241:11fulsome 255:5 396:16function 431:4functioned 146:7fund 266:13,14 267:6fundable 264:18fundamentally 308:20funded 216:9 224:19funding 274:17 378:13funds 73:18 263:8

266:19 274:21further 15:11 98:20

113:15 119:13 162:19236:8 303:1 308:19

311:15 324:4 332:19412:4 470:11

furthered 332:8Furthermore 234:18

242:20furthers 330:6future 24:3 64:19 146:5

148:1 183:14 214:14223:1 234:20 475:8

Ggain 223:7gains 24:10 36:4 37:8gallery 198:12 200:7gamma 237:12gaping 95:11garage 228:3 353:12garden 142:20 351:14

353:14gardens 129:14 168:13

219:14 352:11 353:19gas 270:19Gateway 244:17gateways 296:16gather 198:2gathering 28:1 147:19

296:8 297:17general 22:14 53:10,21

80:13 81:2 115:14117:13 118:12 161:4177:12 184:6 214:18232:1,12 276:11289:8 344:19 374:8,9412:21 413:5 414:20442:2

generalized 115:17generally 36:17 46:21

291:19 346:1 347:15352:3 375:3,4

generate 15:15 241:4241:10 242:10,14243:2 244:6,14314:10,12 383:17

generated 294:20314:16 327:1

generates 233:3 328:5generating 321:21generation 54:11generations 146:6generic 96:8genre 442:17gentleman 79:2 86:8gentlemen 4:4geographic 411:17geographically 312:6geography 271:2geometries 153:7Georgetown 102:14

305:17 339:10Germantown 411:14getting 67:12 79:21

168:16 172:14 182:13188:20 209:10 251:10309:5 313:15 342:7394:9

girders 104:2girding 105:1give 9:18 79:10 81:22

90:20 91:22 93:13124:3 155:2 166:12177:9 211:16 251:8267:16 315:9 325:21347:13

given 40:19 42:4 55:1056:14 75:16 77:380:16 207:7 216:1228:6 246:6 253:12256:7 262:2 270:6277:3 279:10 286:1343:2 377:8 406:5425:13

gives 109:5giving 114:18 117:12

138:7glad 413:10 420:15glass 152:6 155:9

176:13 197:16 202:14203:13

glove 373:20goal 27:7 122:3 123:8

123:15 252:3 450:6goals 6:6 27:10 31:8

55:4 191:2 288:20291:17 309:14 330:8

gold 148:11 166:17167:2 290:20 293:7326:6,11 327:9 336:9336:11,13 337:3,9,20

gotcha 389:5gotten 207:5 337:21

474:17government 1:1 29:18

43:2 58:14 64:1073:19 247:19 248:1,4248:10 249:4,15280:3 281:9 288:4311:2 365:6 470:1472:21 473:7

grade 92:12 101:3,7,11105:2,5 109:10128:21 134:6 136:14136:15,18 140:17,20163:15 188:12 228:5233:16 255:14 270:12277:19 301:6

grades 109:11


495

grain 154:1granted 17:14,16granting 14:16 18:2grants 221:14 222:12

226:9graphic 350:16grassy 113:12 171:10

192:2 423:16grateful 381:4gravity 415:5gray 107:7greater 135:3 138:6

154:17 172:17 288:9288:16,21 318:21325:11 404:18 428:1

greatest 389:14greatly 100:17 291:15green 46:14,22 94:4,7

95:3 107:3 148:13180:8 218:13 219:17225:21 241:1 246:2330:2 334:2,5,20,22335:1,4,9,17,20 336:1336:5

greenland 293:10grid 144:11 148:19

149:3 158:15 192:19291:9

grocer 234:2groceries 261:21grocery 27:19 28:18

137:12 148:7 155:13161:20 172:1 189:8191:11 213:18 232:18232:20 234:11 261:18261:20 278:19,20,21290:16 294:2,18353:10 415:5 466:3,3

gross 36:8 69:10,1470:16 285:12 383:22384:10 387:9,20388:19

ground 92:11 148:3164:14 177:22 180:1270:15 273:18,20274:1 356:11

grounds 89:7 147:1381:16

group 139:21 190:5274:3

groups 29:2,20 124:21172:17 191:2 254:16267:22 276:2

grow 234:22 310:14,15311:1,9

growing 215:19 224:11394:6,15

grown 202:7

growth 218:3,10 225:18312:9,9

guarantee 55:19 339:7343:22

guardings 148:19guess 165:8 236:18

255:8 262:10 268:16271:2 333:22 350:18356:18 359:19 361:1366:3 369:10 373:22382:20 388:5 389:20393:11 406:18 417:12418:21 432:12,22453:21 467:22 472:8472:12

guide 150:6 287:22288:7

guided 141:11 142:10guidelines 115:20

149:11 152:8,21153:2 158:1 194:8290:6 297:6 437:5444:19

guiding 142:11 287:18GW 215:11

Hhabitation 145:4half 46:10 133:11 134:1

155:18 213:10 227:22228:8 301:2

hall 12:6hallmark 182:17hand 24:20 26:2 67:6

201:6 210:17,19211:10 239:12 246:18279:21 315:18 353:2373:19 401:7

handed 279:22 280:4,5475:19

handful 434:18handled 10:1handles 352:18handout 281:6hands 268:20happen 121:10 123:4

158:6 196:21 203:2204:11 205:18,22262:6 277:10 364:14380:14 398:19 473:17473:18 474:6 475:10

happened 95:17 121:2123:7 259:1 363:22380:15 403:13 428:16473:18

happening 78:19 264:8321:10 470:15

happens 33:18,22

121:9 122:6 163:13349:16 376:3 397:22415:1

happy 29:22 62:2 173:5190:10 191:2 258:11334:4 428:21 447:3

hard 174:11 187:19221:10 238:17 268:16277:1 315:18 328:9437:11

harder 274:4hardscape 198:2harm 104:11harmless 371:13,14,20harmony 156:15 442:1harms 5:15 23:21 24:5

174:7 183:18 206:16328:4

Harriet 10:10Harris 232:20 234:2

262:4hat 269:13Hawthorn 177:8hazards 97:15head 67:2 170:6 384:14healing 129:14 168:12

219:14 351:14 352:11353:14,19

health 53:10,13,20 54:154:5,10,16,20 55:5141:11 196:4 199:6200:1 222:16,18312:3

hear 32:21 76:2 84:21318:15 342:15 392:16442:20 464:4,9

heard 4:15 54:18 87:390:19 128:15 240:9254:14 260:7 263:5269:10 301:16 306:17306:18 336:4 381:15400:11

hearing 1:3 4:5 7:5 8:149:8,11 13:15 16:418:7 26:14 31:1252:10 56:1 57:1867:13 81:17 173:3196:8 239:19 240:13247:17 258:13 284:3284:10,13 306:8365:14 366:16 367:20381:7 382:1 390:16390:21 405:3 473:11478:2,10

hearings 45:14 52:8,1360:9 258:8 372:18379:15 467:21

heart 439:9

heavy 238:4height 98:13held 17:14 45:13 379:4

429:15Hello 22:12help 115:8 146:10

150:6 187:11 200:21216:18 218:17 221:19222:13 226:11 284:21299:20 300:2,21311:8 351:17 411:8443:16 446:4

helpful 83:20 173:4210:21 258:5 313:20352:14 434:13 437:19446:1

helpfully 395:9helps 207:9 293:17hierarchy 154:10

357:14 360:5,7 428:2high 26:22 27:4 29:7,9

31:2 32:2 87:16,2095:12 100:4 116:1126:18,21 127:5146:10 180:11 186:20216:21 223:10 239:4259:19 260:5 261:22268:15 295:1 300:1302:7 327:8 444:14444:22

high-quality 291:20295:16 312:2

higher 140:16 242:18268:16 312:10 337:3338:8 344:11

highest 232:5highlight 140:4 227:9

257:3 258:20 411:12411:22 412:1,4

highlighted 154:2227:5 234:15 413:13414:11

highlights 135:12 154:3231:22 413:16

highly 138:19 160:4161:20 459:11

highway 102:15 104:3Hill 244:17 386:16

443:21hinge 95:20hinges 95:19,21hire 267:11 300:1hiring 294:12historical 114:20 196:9

270:11historically 163:18

381:1 451:5history 106:4 108:5


496

146:11 157:11,21196:2,3,13 276:5298:21,22

hit 398:15hold 89:3 368:12 406:3holding 24:1 329:22hole 178:10holes 95:11holistically 326:10home 181:1 220:3

469:7Homer 184:17 185:4

200:8honest 238:21 246:9

435:6honestly 355:5Honor 50:13honorarium 11:2hope 122:4,15 174:16

179:2 188:8 197:19208:4 445:15

hoped 119:20hoping 472:6horizon 171:17horizontality 180:12horse 110:10horses 110:12hospital 67:16 126:5,15

127:1 130:8 142:22171:20 215:11 216:17217:11,12 218:8223:22 225:5,7236:14,21 237:16238:4,6,9 311:14389:2 391:12 392:17393:13 397:2 440:3465:6,7

hospitality 311:4hospitals 66:11 213:2

216:22 217:4 235:19236:3 242:5,10 389:4416:12

hostile 363:22house 114:17 116:11

116:16 151:8 176:7,9191:21 222:19 229:20339:9 341:6

households 37:10 40:3houses 130:9 131:6

133:1 140:21 149:22151:4,16 152:10160:14 167:14,21168:17 169:5 176:10255:18 305:20 420:5

HP 472:14HPA 1:6,7HPO 376:12 377:18,19

378:1 478:1

HPRB 56:5 128:13134:3 135:6 136:3,6153:18 155:2 158:2161:16 256:18 257:11257:21 258:13 271:6275:17 307:9 354:13354:22 355:4 372:3372:16 377:3

HPRP 426:21 427:3,12428:14 429:17 432:8432:13 433:14,16,20437:14 444:18 474:17

HPRP's 432:21hub 148:22 294:16

330:22 331:7HUD 39:13 40:12 41:1

41:12,21 73:10,13,1574:4

huge 279:12hugely 214:11human 83:9 145:3

218:20 470:14hundred 230:22 267:11

267:18,21hundreds 28:11 30:7

275:17

Iidea 10:17,19 44:1

109:5 114:18 117:13121:16,21 153:18160:17 163:9 170:3176:17 177:9 179:14194:3 195:2,14 257:8260:16 323:2 357:13382:21 392:7 394:4404:12 413:22 414:3

ideal 311:13 331:8ideas 214:10identically 141:4identification 425:5identified 6:5 23:6

108:20 111:9 113:9118:14 119:12 204:16285:21 325:19 326:18330:21 360:13 376:1386:11 400:4 420:11422:9,17 423:6 425:2425:21 427:14 431:8432:13

identifies 428:2identify 42:19 111:12

184:10 314:6 320:8427:20 469:14

identifying 114:12383:1

identity 117:20,22123:5 141:9 177:10

178:15 179:9 296:18298:9 358:11

idle 220:15ignored 205:15Illinois 89:15illuminated 394:11illuminates 354:3illustrated 124:14 144:9

147:3 231:21illustrates 96:8illustration 96:4image 91:2 108:12

109:6 110:19 197:11303:3

images 118:16 120:3149:20

imagine 75:16 108:6403:2

imaging 214:9 237:12imbalance 279:12immediate 29:1 121:18

217:20 267:1 393:2immediately 19:15

121:22impact 55:1 99:3

105:22 139:22 142:14221:9 227:15,22231:15 233:16 239:10239:16 240:11,19241:16 243:1,7244:22 245:8 246:9247:14 277:22 278:11288:19 324:9 384:16384:19 385:6 387:16

impacted 470:9impactful 214:20impacts 25:2 29:6

44:13 80:9 314:16,21315:5 318:21 319:13319:20 321:20 322:8324:19

impeach 402:17impeachment 362:18

368:8impervious 326:5implement 255:6

272:11 273:2implementation 15:18

289:13 292:20 297:6implemented 223:19

288:11implementing 64:9

218:17implies 117:1importance 68:10

234:20important 23:12 27:10

27:15 34:15 55:3

68:14,17 69:6 75:1385:1 92:18 94:18115:9 117:17 121:12123:2,9 142:21145:14 155:22 170:8170:13 181:8 182:9190:8 192:6 194:7203:1 204:18 206:22207:1 214:11 242:8,9242:18 247:15,18253:21 254:15 255:20256:19 257:16 260:18262:21 274:2 281:3286:8 287:16 298:8299:11 349:2 363:12363:14 402:5 404:14424:22 428:19 429:16431:19 432:11 433:17451:5 471:10

importantly 206:1impossible 190:21

230:4 234:8 275:7improve 16:12 293:14

299:13 402:5improved 258:16 291:8

328:18 388:14 390:12449:17

improvement 256:9improvements 291:10

314:6 318:15,16,19320:2,6,19 321:2389:12

improving 295:19impugn 366:11in-house 250:9inability 278:7inaccessible 24:14

152:20 448:21 451:4451:5

inadequate 71:6,7inappropriate 21:2

366:8inception 399:6,13include 17:13 27:10,12

27:22 28:18 30:1537:9 39:9,18 53:1054:2 103:9 131:3133:18 140:4 148:21208:21 290:3 291:6293:6 294:14 296:1297:2 299:15 339:4340:13,14,17 393:16400:5,6

included 42:9 48:854:14 55:5 74:1 95:14115:14 117:5,14118:16 129:16 131:11131:21 132:9 134:1


497

134:13 153:2 169:14221:6 233:5 234:9358:10 426:19

includes 38:9 52:7107:6 127:8 129:15134:21 136:14 137:9157:17 196:9 203:14341:3 361:22 422:12

including 28:4,19,2031:2 49:21 71:9143:11 148:10 159:2228:8 234:11 290:5,9290:11,15 293:9296:3 297:18 298:12300:10 301:7 329:5339:20 360:3 376:12387:14 458:1 465:19470:10 474:18

inclusion 136:19 137:3137:6 144:16 148:16156:7 224:7 324:6

inclusionary 27:18 69:869:10,17 73:7,16

income 27:11 39:1372:16 290:13 292:3332:15

incomes 223:13inconsistency 325:7inconsistent 8:17 16:20

403:3incorporate 37:6incorporated 117:7

118:8 128:22 129:8129:13,14 144:16220:13

incorporates 130:17218:9

incorporating 117:5141:1

incorporation 117:15182:11

increase 101:15 276:20291:7 304:2

increased 135:13320:15 389:11,11

increases 321:16344:11

increasing 217:16294:11 321:9,9

incredible 203:3 372:17incredibly 225:6 228:6independence 9:8independent 15:22

17:2 224:7 379:7independently 366:3index 460:5,9,10indexing 108:3indicate 32:18 315:2

356:8 459:22 462:1indicated 25:3 248:22

337:15 338:16 358:19406:19 459:1

indicates 98:6indication 16:8 43:12

325:22indirect 244:2individual 14:22 30:18

139:20 148:12 154:17158:9 195:16 214:2240:2 248:3 279:4337:22 412:5 415:7438:4,8,21 439:1,4440:7,20 441:2442:21 443:1,11

individually 5:22 91:10186:12 212:18 437:3438:9 441:17

individuals 38:10 39:1040:21 41:10

industrial 90:21 99:1399:18 109:15 145:3179:9,15,16

industries 214:15 242:8294:6 310:12,13,22311:2,11

industry 183:5 214:11246:1 310:13,16311:9,16

inextricably 234:5infeasible 230:6 269:22

271:18infill 296:19influence 54:11influenced 219:3influences 73:20inform 28:16information 21:1 46:12

118:18 166:12 212:17282:20 313:2 343:2393:21 433:2

informational 196:16informed 122:19

471:16informs 287:15infrastructure 215:3

216:6 224:13,16234:21 273:6 274:1299:7 388:14 390:17390:19 392:20 402:6416:11

infrequency 215:6inherent 99:14inhibits 142:15initial 187:22initially 10:8 95:17

223:2 273:15

initiative 141:12 222:19226:18

initiatives 15:18 141:13222:6

inlets 148:18innovations 101:21innovative 213:12

214:10 221:16 222:5innumerable 323:20inpatient 237:17 238:3input 28:10 124:20

125:3 130:14 135:22138:7 219:4

inquire 477:15inquiry 5:18 287:4,16

322:14inserted 476:15inserting 98:2insertion 98:14inside 150:20 214:3

237:1,7 238:6 391:15insofar 371:5inspected 97:14inspection 97:4 98:20

105:19inspired 188:8,13 297:5

299:4instability 96:1 162:12installations 267:19instance 119:13 377:18

451:22 455:1institutional 312:9institutions 142:3insurance 270:8intact 102:21 201:18integrate 225:20integrated 30:17

134:16 139:16 157:18201:19 225:17 289:20290:3,4 291:20 297:3439:17,17

integrates 158:15262:20 289:2

integrating 296:16297:22 298:3

integration 30:19 85:15101:13 139:14 218:11228:4 292:18 297:12439:11

integrity 99:4 114:8,12270:11,11 271:20356:13,16,20 358:3360:8 361:6

intend 317:7 362:10404:3

intended 92:19,20203:7 404:1

intends 43:18

intense 380:1intensity 296:18intention 178:18 183:4

361:13,15,21 449:3,3intentions 368:9interact 267:3interacts 278:17interconnected 336:22interconnectivity

144:12interest 9:15 13:3 15:1

15:17 16:19 22:13250:10 262:3 280:3451:18

interested 239:22 240:5331:6 351:11 388:2412:14 430:10

interesting 108:12185:15 200:9 327:21

interests 304:16interfere 186:2interior 96:10,22 97:11

99:1 100:10 190:17207:11,12 209:12,15269:20 270:3 282:16458:16

Interior's 115:19 175:15internal 30:21 149:3

291:9 407:8internally 105:17

129:19interpret 300:2interpretation 298:19

301:8 306:4 382:10427:15 453:2

interpreted 305:22interpretive 101:3,10interrupt 162:2 429:22intersection 130:5intersperse 464:19interspersed 226:1interstate 102:15intervention 100:9,13

100:15 102:1 144:21409:11,13

interventions 151:19409:19

introduce 18:10 97:11174:10

introduced 133:1 168:8448:15

introduces 144:11introducing 105:20

201:2 352:20introduction 21:13

110:15intrusive 350:8inventory 111:13 113:3


498

118:15 416:21 461:2invest 221:19investigated 96:9 97:10investigation 153:2investigations 90:15

406:20 407:4investment 226:8invited 109:17,22

381:19 382:12inviting 381:9involve 96:5 121:13involved 12:4 13:22

29:22 54:22 56:458:16 203:10 235:16236:13 249:18 272:1336:18 337:20 399:5417:13 418:8,18461:3

involvement 189:21249:14 250:6 399:1

involving 9:22 220:22231:4 309:13 328:20

iPhone 196:11irrelevant 307:18

375:16 400:11 417:21450:20

isolate 98:4 322:11issuance 368:1issue 12:19,22 18:3,11

18:12,14,21 19:1,1219:18 20:2,7,10 23:1824:15 25:11 26:1834:5 35:19 37:2 43:8119:18 125:9 173:20173:21 174:1,4185:15 186:10 194:19200:22 212:16 278:14282:1 315:16 323:19333:18 345:11 366:2366:6 370:7 381:5,22382:6,12 383:1 393:9435:19 446:3 450:21473:13,14 476:13

issued 5:9 17:15,1818:22 19:3 362:4,13363:6,10 364:1,6,20366:9 367:10,14378:11 382:22 383:2383:9 407:9 474:2,4474:14 475:3

issues 5:9,12 6:21 9:1518:6,17 19:22 23:6,945:16 47:10 53:1880:19 86:5 88:11 89:990:12 95:10 121:17125:4,8 154:6 216:19227:1 243:6 269:17269:19 271:16 285:20

309:7 314:5 362:22364:15 368:19 435:17447:15

item 148:15items 136:15 324:14

385:4iteration 130:13iterations 276:6IZ 69:21 74:4,5

JJacobs 172:21Jane 172:20January 5:8 21:19 23:7

136:16job 16:11 138:19,20

159:11,11 221:21222:19 238:13 242:16246:6 252:10,14266:14 269:16 294:12295:3 328:4 343:11344:1,15 372:4 468:8472:7

jobs 15:15 29:3 30:678:18 213:14 221:22222:3 223:10 226:13231:13 233:2 241:11241:18,19 242:14243:22,22 244:1,2,3,7244:9,11 245:4 266:4266:8,10,22 294:22295:1 343:11,14,17344:3,7,8,13,17

Joe 467:21joined 148:5Jr 13:22judge 106:7 251:17

384:18judging 374:21judgment 11:15 48:17

377:8judicata 382:8,10July 1:10 471:17jump 254:11 318:7,10

391:19jumping 373:11June 475:21

KK 2:4 13:21 204:9keep 23:16 109:21

120:6,8,9 170:1179:18 192:8 262:22441:7 450:3

keeping 117:21 120:4160:1,10 165:13166:1 179:14 270:10

keeps 353:11

Kenner 3:11 25:14,1625:17 26:6,7,8 32:532:11 35:17 36:1037:11 38:3 39:12,1639:19 40:4,11,15 41:141:5,12 44:1 45:2146:6,19 47:4,6 49:1449:19 52:12,16,18,2253:5,9,14,19 55:259:12,19 61:7,1162:13,18 63:1 64:2165:17 67:19 68:8,1768:21 69:5 70:1 71:1171:18 72:1,2,9,1473:2,6,9,15,18 74:974:13,20 81:12 82:682:12 84:5,12,1685:17,21 87:11,1888:2,4,5 332:3 363:20467:7,11,18

kept 353:19key 117:19 123:6 142:4

172:5 175:5 178:14219:13 269:19 287:3288:8 292:6,13 301:6357:22 358:20 360:21399:22 400:9 420:12420:12 423:5,7,10425:22 426:7 428:4430:7,11 433:3 434:7447:13

kick 319:17kidded 197:1kids 27:22 385:8kinds 156:20 199:22

236:12,19 237:14315:19 385:5 449:18

King 13:22 204:9244:16

Kirk 88:15 90:7 406:17kitchen 147:18knew 68:5 111:21 115:6

451:11knife 237:11,12knowledge 75:6 81:4known 12:3 66:11

101:9 204:7 433:7knows 43:15 63:16

68:22 78:10Krieger 202:12,19

LL 201:15labeled 280:13labor 110:10labs 214:9 414:16lack 93:10 94:17 215:18

269:4 270:7 274:13

ladies 4:3laid 231:3 325:4lain 30:11land 5:21 26:18 27:3

30:19 36:8,22 42:2062:16 68:19,21,22125:9 139:6 140:7147:9 162:11 186:11186:19 199:9,19200:17 205:2 206:3218:6 228:14 233:2246:12,17 258:19259:22 264:10 271:13276:17 287:9 289:1,6289:14 294:1 295:19297:9 299:10 302:6302:13 321:5 335:13387:9

landmark 4:16 106:17106:22 107:2,5,11,20112:18,19,22 114:2115:2 117:18,19122:19 125:6,21126:6 127:15,20128:18 129:3,6 135:9135:12 138:5 140:4140:12 142:6 144:16146:2 149:13,14,18151:14 153:19 174:18175:4,12 177:10,11179:10,11 185:6191:5 192:5,21,22193:2,5,21 201:1202:4 208:9,14209:16,18 252:12257:4,9,15 297:5,15299:5 350:5 354:22359:5 419:21 420:18425:16 426:19 427:9428:9 429:1,7 430:4430:15,21 431:8433:4 438:2 444:10444:16,20 445:22451:2

landmarked 359:10landmarks 4:21 155:2,4

174:19,22landscape 101:9,14

106:16 107:16 113:11139:15 140:18 158:21189:10 388:10 422:14422:17 423:12,16

landscaping 177:6330:1

Lane 22:12,13 23:233:10 38:14 42:1143:3 44:8,15 45:1246:17 47:3,12 48:8,18


499

49:3,11 50:9 53:1554:3,7 55:9 56:7,1056:13 57:3,7 58:1860:6 61:5 62:6 63:964:4 66:7,13 68:1270:3,17,20,21 71:2072:7,22 74:6 75:176:12 77:18 78:4,1978:21 79:1 80:11 82:982:15 85:3,6,11

lanes 143:11language 152:1,3 157:7

382:15 383:3 437:12lap 322:5large 67:3 91:4 113:20

179:7 202:14 203:13217:3 218:6 229:15229:17,22 231:5234:18 243:8 273:2289:9,12,19 291:22292:1 294:8 295:19296:3 298:2,3 322:22343:8 397:2 413:19414:14

large-scale 230:11232:16 415:3

largely 264:4 269:22larger 132:9 134:13

137:9 261:10 290:11292:16 340:1 390:10392:22 393:15

largest 75:17 225:4229:8,10 230:20235:15 412:5,11

lastly 204:14 219:22232:13

late 19:2 235:17 470:11lateral 93:4 94:14,17Latitude 88:1laudable 102:16launching 368:17law 4:16,18 7:10 8:9

9:13,20 10:19 11:3,713:11 14:10 22:327:18 50:5 69:4,873:6,8,17 87:6 102:14106:21 122:11,13183:15 187:3 254:5260:8 266:1 283:5,16284:18 305:6,14306:1,5,13 307:4,5313:3 365:18 380:20

laws 65:2lawyer 10:14 79:19

381:13lawyer's 214:7lawyers 304:19 305:1lay 271:11 381:16

layered 269:12laying 271:15layout 100:20 139:11lays 14:10lead 55:15 124:12 458:1leader 221:18leading 11:21 87:22

223:8leads 233:20 371:16League 379:19 380:6leap 133:22learn 108:5 170:21

188:9 196:13 267:15298:20 321:6 450:8

learned 302:15 428:7learning 199:5leasable 228:20leasing 231:22leave 21:20 102:21

250:9 323:12 471:19leaving 171:18 283:15led 215:19LEED 45:4,10 46:3,9

148:11,13 166:11,15166:17 167:1 258:22259:5,15 290:19293:7 326:6,11 327:9333:18 334:6,8,12,14334:17 335:1,6 336:9336:10,13,14,15,19337:3,4,7,8,12,16,17337:18,20,20,21338:2,3,10,13

leeway 81:22left 22:6 202:4 412:9

468:16lefthand 91:2 197:12,22

201:7 202:11 203:11203:17

legacy 172:20legal 5:7,17 6:19 78:10

286:13 321:19 345:3377:14

legally 181:13 304:10307:17,18

legislative 29:8,1061:19 247:22

legitimate 44:18,19Len 3:16 239:8 284:16length 265:18lengthier 35:9Leonard 145:5let's 21:20 35:18 51:20

79:4 84:4 161:3182:10 194:3 236:14277:14,15 281:22313:6 320:20 333:15341:9 368:12 383:7

383:14 388:1 389:6,7406:8 408:9,11 409:4418:19 419:18 426:10435:17,22 438:6,15438:20 439:5 443:18451:16 455:4

letter 387:13letting 330:2level 38:12 73:17 93:20

102:1 109:8,10113:17 116:1 163:7171:16 180:1 192:13198:11 206:19 207:8207:10 217:22 221:6226:14 227:3,8 228:2231:11 232:5 233:9233:12 268:5,9320:22 327:9 352:22353:3,5,5,6 358:4,7360:4,22 361:4,7369:5,9 372:9,15373:1,6,8 374:2 375:5375:9 394:1 404:15413:6 420:22 421:19421:22 429:21 435:13444:22 445:12

levels 73:11,21 147:13217:14 261:12 290:13292:3

liability 462:20license 89:4,13,14licensed 89:1licensure 89:16 397:18

397:21lie 323:7life 169:7 185:5 222:16

257:7 292:10 405:15lifetime 93:10 250:14light 18:16 20:16,18

24:11 96:16 98:7 99:2198:16 316:2 323:21324:5 325:16 326:2,4326:22 327:1,4 433:2

lights 149:4 291:10likelihood 325:11likes 389:3limine 18:19limit 23:11 98:3limitations 99:14,20

100:11limited 31:11 87:3

99:17 223:5 239:21limiting 166:2limits 364:17 393:14linchpin 212:19 234:10line 76:13 107:3 316:3

316:14,15 317:16323:4 365:9,15

375:20lines 91:5 93:17 349:17link 294:14 296:22linked 243:16linking 14:20list 24:20 167:17,18

284:13 296:20 394:3394:8

listed 31:22 243:16244:5 289:5 291:1,13297:1 300:12

listened 133:5lists 24:21 98:11literally 196:11 214:4

238:16 277:12literature 102:5 169:20

170:5 173:2 285:8litigate 18:6little 36:17 107:10

122:22 132:7,18155:4 156:3 168:21175:12 184:20 200:21201:12 203:14 249:12303:4 313:7 315:10336:17 350:1 389:22405:22 432:18 438:7445:3 448:17

livability 142:2livable 141:14live 143:21 260:15

318:6 339:9 340:18341:14 345:1 405:14

lives 214:5 339:8,9living 139:18 144:6

155:14LLC 1:7load 92:21loading 104:9,17 270:1loads 92:21lobby 202:13local 73:22 222:22

226:9 267:22 294:12locally 218:7locate 454:9located 107:18 125:20

126:9 129:22 130:5140:5 223:21 292:13330:22 347:12 453:3460:14 466:4

locating 216:16 318:3347:16 355:15 462:18

location 66:5 67:1594:11 108:19 111:1112:8,11 114:11131:16 132:3 139:13146:10 162:9 225:3227:14 228:8 242:15242:20 299:11,12


500

311:13 348:7 440:15454:18 463:1 465:19466:10,12,13

locations 103:10129:20,21 135:1292:5 346:15 452:15463:11 464:7 465:17466:11

lock 181:18locker 147:17long 128:6 156:16

181:13,13 192:7193:18 203:5 210:1,6220:22 260:11 331:2400:17,21 404:21405:11

long- 288:11 292:3long-term 27:7 329:19longer 72:16 118:11

120:7 178:9 227:18229:6 331:18 399:1405:15 406:2

longest 399:4look 11:5 37:22 64:22

114:19 150:12 154:15156:14 159:21 166:5179:3 180:7,17181:10 183:21 196:20196:22 197:2 208:6235:3 246:3 252:10266:3 270:3 271:13271:14,15,16 274:20277:12 278:10,18279:15 307:14 310:21317:4 347:8,15348:14 352:16 374:20387:19 424:14 440:13440:15 441:5 442:9442:10 445:6 447:14448:8 455:13 457:5457:10 460:6 476:18

looked 13:8 64:1365:11 70:7 74:20109:5 119:10 152:22159:14 165:13 176:17194:8,9,9 265:4270:14 273:15 274:3316:1 326:10 352:16387:15 427:17 438:9444:7 462:6 463:19464:5 465:17

looking 54:9 56:1 63:20102:17 123:7 146:15151:21 153:3,8162:14 176:1 186:15194:1 197:13,18275:21 282:4 300:14303:3 310:19 311:17

314:1 315:22 322:14348:1 350:12 351:7355:21 372:19 388:9389:13 395:1 416:3424:14 435:11 441:12445:4 456:20 457:21460:6

looks 208:1 351:8384:15 389:13

lose 230:3 232:20277:18

losing 278:1,1loss 161:7 183:9 229:1

233:19,20,22 234:1278:6

losses 24:11lost 11:15 430:18lot 46:8 81:15 110:9

140:19 155:9 170:9170:11,15 183:8189:18 197:8 256:12272:2 278:12 302:16302:21 303:1 304:14306:6,7 317:19324:10 327:10 344:7344:8 346:18 349:3352:4 373:5 387:5389:18 393:1 397:13398:17 416:16 445:8445:9 448:11 454:7466:5

lots 109:2 131:19133:17 191:22 207:18272:9,21 302:12,14303:2,8,11,16 304:11305:10,10,20,20306:12 308:12,18309:1,2 329:9 345:15346:22 347:10,11349:4 362:21 475:18476:6

love 197:1low 37:10 38:10 39:10

39:13 42:10 150:21150:21 264:5

low-impact 148:16293:8

low-income 27:1337:10 38:10 39:1042:10 292:12 318:6

lower 37:9,20 38:6,8,1941:16 42:9 197:22201:10 352:22 353:5358:4 359:17 386:18386:19

lunch 171:22 210:8476:5

Luther 13:22 204:9

244:16lying 111:8Lynch 341:19

Mma'am 235:10 388:7,21

390:2,8,15 395:7396:15 397:22 411:2411:7 435:15

machines 237:12magnet 188:6magnitude 220:17

396:19 397:5main 222:7 268:1

397:14maintain 103:12,15,16

220:2 262:3maintained 97:4,15

126:3 129:6 180:12maintaining 179:9,20maintenance 96:16

116:3major 120:5,6,9 215:10

215:21 243:13 404:11404:15

majority 183:11 220:6making 50:12,14 64:2

64:22 170:9 172:18191:1 226:8 258:4277:10 279:1 305:10315:12,13 316:10336:21 360:11 393:3393:4,6 394:10396:18,21 434:9450:17 451:20

mammogram 395:11mammography 237:13man's 140:7manage 34:21 323:5managed 415:19management 45:2

129:12 293:15 299:13299:18 326:3,5327:13,17 328:16,19328:20 329:4

manager 467:20manhole 103:10 110:2

110:8 145:18 150:1183:5 198:19 431:9451:20

manholes 110:4manner 140:2 142:5

144:10manual 110:9map 217:1maps 66:6 164:5march 313:6Marion 12:8

market 27:12,13 162:6230:17,19 231:6,19231:19 232:2 261:8292:16 411:20 412:1412:2,6,8,22 413:2,3413:5,7 414:7

martial 281:2Martin 13:22 204:9

244:16mash 305:19mass 229:20 231:4Massachusetts 203:11

203:12masses 91:5,6massing 153:7massive 218:6master 27:9 31:3 101:5

124:13,19 128:14129:9 130:16 134:16135:17 138:11 139:6140:2 141:10,21142:10,13,19 143:13145:13 148:8 151:11157:18 159:2 169:11170:7 182:12 188:16225:22 273:2 288:15290:4,19 293:6 297:2297:22 298:2 299:4304:4 308:16 312:18326:4 327:15,18331:12,15,17,18336:19 338:2,10348:18,22 370:9

matches 277:8material 119:11 162:7

234:6 445:18 458:6materials 93:21 94:11

96:6 114:9 150:2153:4 157:10 194:9194:12 297:4 441:22441:22 458:2

Matt 3:14 124:2,11178:5 182:8 190:10194:5 372:22 439:9

Matt's 192:12matter 1:5 4:6 9:15

13:13 15:4 45:14,1682:22 83:3,4,17 87:20169:12,16 212:1248:3 250:21 281:19305:6 331:9 339:10370:12 462:21 474:11478:11

matters 7:17 8:20 17:883:4 403:13 404:2

Matthew 22:12maximizing 291:21

294:7 351:12


501

maximum 431:21Mayor 1:8 4:18 8:22

10:1,1 12:8,15,2114:1,15 15:3,4,1722:7 25:14 26:8 31:2232:16,17 33:11 34:2,334:7,21 51:5,8 52:1853:4 55:15 56:3 57:1458:16 72:12 75:1176:3,4 78:7 79:1683:2 85:2 86:9 87:12263:8 400:12

mayor's 4:5 5:1,8 7:97:13 8:11,12,13 9:4,59:8,10 10:2,21 11:4,812:13 13:13,15,1614:3 16:3,16 18:1322:15,21 25:18 44:1145:13 48:4 53:5 56:664:9,16,17 68:1087:16 111:11 173:3184:13 190:15 196:7248:22 249:6,10251:16 254:17 269:12285:21 287:11 307:7307:9 314:17 315:16316:1,4,4 317:4 322:5328:10 364:14 373:3373:7,18 374:1,10376:5,11 377:11378:12 379:13,14381:6,19 382:22383:9 400:14 401:2402:14,18 403:2430:14,16 447:22448:3 474:20

McMillan's 28:3 222:21mean 32:6,9 37:8 46:7

53:13,19 71:14 72:1192:17 163:18 170:5181:16 211:13,14231:10 283:11 286:20317:3 319:22 327:21328:9 331:6 337:13403:17 406:5 415:19423:16 424:18 426:6430:20 434:3 435:19441:11 449:5 454:7455:12 470:12 475:18475:22

meander 321:15meaning 6:2 42:19 94:7

186:14 332:17 340:22342:9,21 412:21

meaningful 159:16means 51:10 53:14

55:18,20 92:3 95:1164:16 165:4 174:18

176:9 183:12 202:21216:2 231:12 234:1

meant 62:10,12 145:3measure 69:21 70:6measured 69:10,12measures 117:12measuring 429:21mechanized 110:14median 72:16Medicaid 216:10

224:20medical 30:21 126:5

144:10 147:22 148:5170:16 189:8 191:11191:12 195:14 213:2218:8 223:22 224:7294:16 299:20 312:5330:22 331:7 390:6402:16 414:12 416:8

Medicare 216:9 224:19Medstar 224:1meet 228:18 309:14

327:16 337:7 338:3meeting 1:11 6:6

147:18 190:21 296:7352:9 478:5

meetings 28:11 189:22221:1 257:22

meets 148:14 186:22member 263:7 268:17members 221:2 275:15membership 311:3memo 280:10 282:11

284:18memorandum 250:10

250:13 280:1memorializes 27:9mention 27:15 69:6

104:7 331:5 336:9343:13

mentioned 87:14 90:798:19 130:1,18131:18 133:7 134:14141:3 157:11 159:7159:20 162:13 165:2166:9 208:17 245:13285:10 308:15 316:20317:10 323:21 325:16326:14,15 327:12,14330:13 332:5 344:14344:16 386:10 387:13410:2 437:9 459:5

MEP 98:15mere 325:6merely 428:3merits 16:9 58:11 139:5

139:8 163:5 174:14328:14 355:8

Merritt 21:13met 149:15 348:16,16

350:5 393:19 437:12446:14

meteor 398:15meter 147:16method 313:10Metro 149:1 291:7

318:11metropolitan 12:4

15:14 215:22Mettam 88:16 406:17Michigan 148:6 321:13

351:9,15 352:7,11353:2,15

microphone 419:16454:10 471:2,14477:12

mid 299:17mid-city 300:6,9 301:15mid-size 231:5 413:20mid-sized 230:1 414:17middle 98:2,9 161:15

223:9 226:14 271:5305:21

middle- 223:2militating 245:9million 217:4 220:9

221:13,19 222:10226:4,8 230:18 233:7236:2,6 241:8 244:14244:16,17,18,19245:5,6,7 266:13,20267:5 311:6 383:19384:2,15 385:14,19411:16,21 412:3,6416:7 463:14

millions 30:6 295:5mimic 193:15mind 193:3 312:20

313:18 428:10 450:18minds 276:10minimally 338:7minimized 303:16

304:4 308:15minimum 23:17 100:22

259:15 270:12 334:8minor 94:5 258:10mint 359:20minus 161:6minute 79:5 361:11

383:6minutes 84:15 173:9,9

173:10 210:2 240:18281:18

mish 305:19misheard 411:3misinterpreting 382:14

missed 461:6missing 116:20 117:2

177:4 182:8 369:17mission 195:1misunderstanding

384:7misunderstood 383:20

420:16 442:19mitigate 315:4mitigating 324:9 327:1

327:4 328:4mitigation 116:12 117:4

117:5,12 220:10226:5 314:22 315:15316:6,7 320:3 324:14325:2

mitigations 115:17mix 230:4 272:15

276:11 336:22 413:19414:14 415:12 435:10

mixed 4:10 6:6 26:2127:11 130:19 133:19135:11 139:1 159:16218:12 289:18 291:20309:12 332:7,15414:16,17

mixing 415:22 416:2mobility 129:18model 226:21models 224:3moderate 27:13modern 184:2 218:9modernization 217:18modernize 217:7modest 11:1moment 16:12 24:20

327:22 422:20Monday 405:5 467:3

468:4,10,14,19,22470:5 472:10 478:5

monetary 15:12money 73:20 264:17,20

275:1,3 277:5,9monies 264:11,12monitored 97:14monitoring 284:21month 382:21morning 4:3 17:10,20

21:7 22:2 25:16,1726:7,17 35:16,1789:22 90:2 106:6124:8,10

motion 8:10 9:17 11:1818:3,19 19:19 20:18249:2

motions 7:16 17:7move 7:18 17:8 23:1

33:13 75:8 84:4 137:6


502

143:10 182:10 183:14194:3 219:18 255:2260:16 272:4 275:8278:20 323:17 332:4346:14 352:10 354:5397:15 398:6 441:1447:11 452:11,14

moveable 452:17moved 93:10 115:12

177:1 194:2 204:10220:1 349:12 359:17452:17 453:4,8463:20

movements 95:22moves 450:17moving 215:14 237:22

250:11 290:22 296:13297:20 302:9 303:19349:17 387:22 394:7450:3

MRIs 237:12 395:11multidisciplinary 119:6multidisciplined 189:2multifamily 155:14

172:6 195:15 261:9339:15,21 340:4,14340:17,18,20 341:6341:12,13,22 342:8342:20 372:20

multiple 158:3 189:9200:13 302:22

multipurpose 147:17296:7

Municipal 7:8museum 28:9 144:2

159:4 196:10 197:6198:10,12 263:17267:16 298:18 449:20

museums 117:11449:19

mutually 392:11

NN.W 1:12 2:4,9name 4:4 22:3,12 26:8

90:3 212:12 251:19310:22 469:15,16

nation 215:5,22national 21:14 28:13

61:17 63:7 106:18114:13 221:18 223:22226:21 247:4,8,12250:4

natural 159:3 398:1naturally 42:6nature 42:12 60:11

122:8 238:22 274:7341:12 362:18 414:8

443:15NCPC 250:9 280:2,10

281:13 282:10 284:18NCPC's 250:6,9ND 290:19 293:7 326:6

326:11 336:15,19337:20

near 126:19 344:8351:13

nearby 104:1 172:10242:5

nearly 171:3 218:22387:17

necessarily 79:19261:9 286:18 339:8347:9 357:16 421:2422:6

necessary 6:4 117:21120:11 178:22 204:15205:17 207:20 208:1221:21 227:3 228:19229:12 233:9 234:1272:5 273:1 309:8316:17 380:11 410:6458:12 472:17

necessity 25:10need 6:16 35:12 43:1

43:11,11,19 55:14,1756:17 71:16 87:298:17,20 104:10153:18 155:9 185:13186:6 192:5 195:19205:10 211:17 214:13217:18 218:1 225:9227:7 233:12 236:16273:18 299:13 303:12309:18 316:11 319:3321:4 365:15 375:13377:12 380:8 386:2390:12 391:15 395:16395:19,21 396:1,12396:21 398:5 399:22400:13 402:5 404:18411:5 415:16 416:15416:18,18 440:19444:22 470:12 472:13474:20

needed 98:13 109:9116:12 185:17 213:11215:2 240:15 267:9273:22 350:8 380:8410:13 467:14

needing 141:8needs 137:2 160:6,6

202:6 205:21 222:22289:10 291:22 315:7317:4 350:5,6,6 366:3388:16 390:20 392:22

393:18 395:2 401:22430:21 459:12

negotiated 268:11negotiating 397:13negotiations 238:15

239:1neighborhood 28:13

61:17 127:11 128:9167:2 199:15 204:12219:7 267:22 290:21296:17 299:1 301:9327:9 336:15 344:1344:20 345:1

neighborhoods 126:20127:2 142:2,18193:13 289:21 344:10344:12

neighbors 318:22net 23:20,21 24:10

241:6 242:1 243:1245:14 319:19 320:10322:6,7,14 323:9,11324:8,16,18 327:6,7383:17 384:1,16,19384:22 385:6 391:16

network 85:16 129:18134:10 143:10 225:21291:11 321:7

neutral 10:18never 92:19,20 145:3

158:22 183:2 203:6205:1 366:9 403:22

new 4:20 28:7 30:9,1274:2 96:14,17,18 98:298:4 102:4,18,19103:7 117:8 129:1,18129:20 135:1 141:22142:8 143:22 144:11146:8 147:12 150:7,7152:15,18 158:15,21159:1 163:21 168:7168:10,14 169:7181:21 185:5 201:2201:13,20 202:2205:5,11 214:10215:7,10,18 216:12219:8 221:16 224:21236:20 266:8 290:9290:10,14,15 291:7,9291:9,19 292:9,12293:11 295:13,18296:1,6,11 299:16,17300:13,20,22 301:2,4320:14 331:22 332:20333:4,8,12 337:17370:18 376:15 382:13383:8 388:15,16402:16 404:8 458:4

474:4 476:3,4newly 217:10nighttime 449:14nine-story 27:10nineties 232:6 235:17nobody's 364:10nodding 463:2noise 323:22 324:5

326:15,16,16,20nomination 63:14

305:3non- 97:19 98:11non-contributing 358:1

358:6 360:15 429:10non-downtown 242:15non-expert 443:10non-federal 250:18non-healthcare 414:21non-historic 45:15non-structural 271:16non-visible 144:15north 27:20 28:6 95:11

109:13 126:5,14128:11,21 130:2,8131:11,21 132:10,12132:13,21 134:11135:2 140:17 142:20143:2,2,7 144:13146:9,14,16 148:4151:20 153:9,10154:21 155:12 157:1158:12 159:22 160:10161:11 162:2,21181:1,5,5 182:3197:14 201:3,17207:10 209:11 219:5219:11 228:9 268:1278:15,17 319:2351:3,10,13 352:20353:2,8,13,20,21354:18 355:11 411:14420:4 455:5,8 456:3,8456:15,21 457:6,8459:4,8

north-south 134:10,14161:2 320:16

northern 355:16northwest 135:3 412:17note 6:9 13:20 92:18

93:7 94:18 99:8107:12 144:10 145:1221:3 230:16 254:3254:15 256:12,16,19257:21 261:3 265:1265:20 272:12 283:1285:4 286:8 372:16375:1

noted 94:6 253:4 255:4


503

424:20 446:5,5 477:9notes 345:18 379:1

461:5notice 1:13 94:10noticed 77:16noting 244:21 474:18notion 255:9 257:7

261:20 266:13 276:18276:21

NPR 200:7 201:3number 5:13,20 6:13

10:5,10 11:18 18:323:18 24:15 25:1132:1,18 33:20 37:438:2 49:20 61:15,2071:5 76:5 90:12114:18 123:15 173:20173:21 174:4 212:16227:1,21 228:6,22252:4,4,8 253:5,8254:16 259:21 260:14262:13 272:9 293:21301:20,21 309:10333:17 339:2 343:12343:13 345:9,12,14346:10,12 347:10348:3 354:7 364:13379:2 383:1 386:5388:4 393:16 395:9406:4 417:9 435:20450:11 456:14 457:4457:11 461:15 463:8463:11,13 464:2,5,9473:16

numbers 4:13 386:19462:16

numeral 280:13numerous 27:8 59:20

98:11 100:11 224:4228:10 234:7,14256:18 268:3 290:17290:18 291:14 301:16348:13

NW 4:10 53:2

OOAH 474:14object 38:14 44:8,14,15

45:12 47:15 48:9,1866:7 70:3 76:12 78:1880:11 86:4 89:6 247:1248:19 316:15 322:3365:9 368:17 370:8440:17 463:1 477:3

objecting 316:14 372:6objection 20:13 33:8

42:11 43:3 46:17 47:347:20 49:3,11 50:9

53:15 54:3,7 55:956:7,10,12 57:3,758:18 60:6 61:5 62:663:9 64:4 66:13 68:1270:17 71:20 72:7,2274:6 75:1 77:18 78:482:9,15 84:21 85:3,685:11 88:21 89:19246:19,21 247:1,2314:14 315:7 317:4366:18 367:21 400:16

objections 362:21objective 38:2objectives 166:21

289:3obligated 120:14obligation 249:1observe 109:17observed 94:12,15obsolescence 217:17obsolete 216:5 224:15obtain 6:4 204:16 227:3

272:5obtained 243:2 266:12

374:10obvious 95:10 123:3

175:10 205:16obviously 64:22 65:3

82:17 106:15 109:12111:20 119:1 137:10158:20 169:8 178:14181:20 183:9 190:4206:21 236:15 282:10283:2 360:10 405:2431:2 442:19 467:18474:6

occupancy 92:19 97:3100:2 409:10

occupants 97:12occupiable 179:2

270:12 410:8occupied 340:21occupy 439:19occur 146:22 150:20

273:3,7occurred 92:16 95:18

303:18,21 358:21occurs 158:14 169:18

171:16 399:22odds 344:11offer 95:16 225:13

320:1 368:8 396:14400:9

offered 266:16 386:6,17395:12 403:1

offering 101:10 214:18216:4 387:7

offers 101:2 146:17

217:6 242:4,13office 1:7 8:12,21 9:3

9:10 10:4,6,7,9,13,1711:9,13,15,19 13:1414:7 15:3 16:16 20:2022:7,14,15,21 36:1336:16 37:12 44:1145:9 46:3 48:4 57:2,557:9,11,16,19 58:4,567:3 87:16 147:22164:11 170:15,16191:11,12 195:15207:15 213:20 214:19231:18,19 232:2,7,10232:12 266:17 285:5306:11 358:9 374:12374:18 412:21 413:3413:6 414:12 416:8429:14 435:7 472:15

officer 4:5 8:14 9:8,1113:15 16:4 173:3

officers 50:6 247:21offices 151:6 214:7

414:18official 56:16 192:18

249:3officials 247:21 249:15

282:7,8offsite 203:10,19

245:21 318:19 319:4319:11

old 93:8,17 181:1201:20 202:1 205:11219:6 332:1 390:20391:5 394:12,13416:17

older 404:18oldest 215:5 224:13Olmstead 28:8 107:16

107:21 108:4,7109:18 116:21 128:12129:5 131:7,15 132:3132:16 133:6,14136:21 140:18 143:12147:2 158:19 163:13163:14 177:4 178:14181:10 194:17 196:19219:20 228:9 296:4297:18 318:10 355:15356:7,8 358:10

Olmsted 420:6 421:6426:17,18,18 427:22428:8 429:6,17432:10,14,16 433:3

onboard 262:4once 33:12 95:19

193:13 194:10 198:7240:21 331:22 371:17

374:9oncology 237:11

395:10one's 181:12one-fifth 231:7,12,13

231:13,14one-off 144:5 158:6one-third 110:4,7 293:9

293:10ones 80:21 134:4 160:2

171:16 178:8 276:7284:4 317:10 320:9387:15 418:10,11435:7,8

onsite 150:2 241:18244:1 266:21 268:5298:14,15 319:11327:20 329:12,14,22330:3 340:12

open 30:9 62:16 110:5110:8 124:18 125:15127:12 129:13 130:19138:10,12,13,22139:12 143:22 147:19159:7,13 168:2,3,14170:1 180:5,22 192:2197:10 218:13 225:21263:2,14 264:4275:20 276:11 283:15295:10 296:1 299:16300:14 301:3 304:2317:11 337:1 348:20351:12 354:9,9371:17 373:13 405:14475:11

opening 209:1openings 150:14

160:19opens 18:4 142:19operate 217:14 238:9operated 179:17operating 106:20 110:5

225:8operation 110:7operations 217:8operators 397:3opine 256:20opinion 16:21 49:9,17

205:20 263:21 269:19277:7 323:11 334:21419:10,13,15 425:16430:19 431:1 432:6439:6 466:17

Opponent's 285:6opponents 12:12 21:17

84:2opportunities 127:10

127:10 169:3 197:4


504

222:15 223:3,5,9,13226:14 295:4 470:20

opportunity 18:16 19:520:12 21:17 23:4 30:231:10 182:15,19183:19 184:4 185:8197:19 199:4 217:7221:15 222:7 242:4242:14 289:12 298:20301:18 313:1 331:8451:21 469:21

opposed 24:2 190:5253:19 324:15 325:2

opposition 7:22 8:2,621:15

optimal 466:18optimizes 357:11option 35:7 272:3

341:17 409:1options 100:6 127:16

135:18 143:19 228:15230:13 265:3,4269:21 352:4

orange 107:9oranges 416:1order 5:9,11 6:22 7:14

12:10 16:19 17:15,1718:1,21 21:19 23:7,843:2 88:9,10 93:2098:3 113:15 117:19210:22 219:16 229:20232:19 240:21 242:10267:1 285:22 286:9287:13 309:8 329:8349:1,13 364:2,15,15365:19 381:19 382:22383:10 407:18 409:4409:10,20 447:11457:18 459:13 471:13475:8

orders 11:5 16:17organization 128:6,20

131:8,13,18 132:16133:8,13,20 134:3137:11 175:20 177:16250:18 271:8 297:7297:15 420:3 468:7

organizational 101:8140:3

organizations 222:12226:10 230:2 231:6413:20 414:17

organize 174:15organized 154:9 155:6

158:11 204:20 251:10348:20

orientation 154:11oriented 265:22

original 19:12 117:6118:8 137:5 151:8176:8 178:11 189:14192:19 202:4,11,18202:20 229:5 297:14355:18 399:8,11,12431:12 458:2,6

originally 110:9 111:17177:7 180:19 181:20240:22 372:14 399:14399:17

outcome 15:1 16:5outcomes 356:1outdated 299:20outdoor 147:19 151:17

296:8outer 72:19outline 50:1outlined 91:5 128:15outpatient 214:8 236:4

237:2,8,17,21 395:9414:15

outside 38:15 44:7,9,1550:15 56:20 58:1074:15 79:14 82:1149:7 155:17 230:10231:17 232:8 365:13366:14 468:8

outweigh 5:15 183:18outweighs 174:6overall 125:21 126:10

138:10 213:2 261:2278:8 286:10,12288:2 325:6 390:17393:5 394:20 396:4415:17 416:4,10

overbuild 100:14 103:6103:8 104:5 269:20270:13 407:20 408:5408:6,10 410:15

overfill 96:11 98:1overhanging 150:9overlaid 205:5 227:13overlap 317:19,21overlay 198:9 303:9

408:20overriding 402:6overrode 432:8overrule 89:18overview 90:20 177:12

302:11overwhelmingly 292:7owed 215:6owned 289:9 292:1,11

294:9 299:10owner 121:15 200:15

200:15owns 189:5

PP-R-O-C-E-E-D-I-N-G-S

4:1p.m 212:2,3 281:20,21

478:11package 167:12 196:5

221:5page 3:9 280:12 281:6

350:13 388:5,10389:13 410:21 454:2454:7 460:17,20,21

pages 456:13paid 11:1 216:9 224:18

468:5painful 380:12paint 119:12palette 437:13 439:2palettes 152:22pallette 153:3,15

154:10,11 155:15,19155:21 157:9 297:4299:4

paper 205:6 307:2paragraph 280:13,17parameters 36:11 65:8

67:20parcel 148:2,2,7 217:21

218:2,22 219:22222:20 225:14 227:11227:13,19 228:2,7,14229:3,4 230:3 233:15233:19 349:9 350:13351:21 352:5 396:5439:16 444:18 445:21465:3

parcels 148:15 218:7303:17,17

paren 281:3park 14:12 16:14 17:22

18:10 27:21 30:9 61:461:10,13 62:4,11,1762:21 63:8 68:8 82:8106:13 107:8,8109:16 110:18,21124:17 126:18 127:5129:7,11,15 130:3132:9 133:3,5,6,21134:13,14,22 135:2137:17 138:2 139:12143:8 144:14 146:18146:20,21 147:2,6151:20,21 156:5157:13 158:21,22162:11,20 163:4168:11,11 169:21170:2,19 171:9179:12 188:6,18189:6 191:13,15,17

191:22 199:18 219:9249:10 262:9,14263:11,14 276:14278:12,13 295:9296:3 408:16 439:17440:4,10,11 441:8

parking 105:2,6 148:17149:2 156:7 218:12228:18 273:5 440:1

parks 129:13 191:8195:16 233:6 248:21268:8 275:4 280:7288:14 289:15 290:14295:13,16,18,18296:2 297:16 300:13301:2 440:2 449:17

partake 172:12parte 13:1partial 123:16 131:22

144:17PARTICIPANT 87:10,22participants 216:14

225:1participate 469:22

470:18participated 204:17participates 146:18

163:2participating 250:11

470:6participation 16:3

124:20particular 113:16 145:1

155:3 156:9 185:11188:21 222:2 261:2268:18 336:5 341:7344:10,22 351:3385:7,8 388:1 392:18407:16 415:12 418:10438:22 447:15 454:18

particularly 24:11 25:629:4 128:9 140:1142:21 195:7 197:7242:17 252:6 273:1282:4 294:11 306:2311:2 334:1,5 338:16339:15 344:17 351:1395:1 400:8 424:21461:22

parties 5:17 6:17 7:3,218:5,7,15 12:20 13:213:17 22:10,19211:18,21 221:10279:21 283:15 404:3

partition 197:16partner 399:3partnered 221:17Partners 1:7 22:5 29:19


505

252:22 378:5,13partnership 38:7partnerships 87:15

259:3parts 30:18 113:1 114:5

139:17 198:18 200:22356:16 367:4,5454:21 463:20

party 10:18 21:14 91:15passing 369:14,18passive 28:2 196:18

197:4path 158:20 189:19

370:10paths 143:11pathways 223:8,15patience 443:9 478:3patient 218:19patronize 170:20pattern 14:9 131:9,20

150:8 249:13patterns 30:21 132:5,19

141:19 171:6pause 260:10pavements 150:1paving 156:7 157:13

293:11pay 278:2paying 252:20 253:1,7

378:6 387:11pedestrian 143:4 149:4

152:19 177:17 193:10320:17 321:7

pending 7:16 31:7penetrating 165:9Penetration 165:11Pennsylvania 53:1people 23:14 28:1

39:20 41:15 42:5 54:254:2 74:17 75:6 76:681:3 105:11 109:21110:10 121:22 142:21160:15 166:4 170:22171:11,18,20,21172:2,7,12 181:16182:22 183:21,21187:10 188:6 190:5,6191:15 193:9 198:2199:16 207:4 214:5215:14 301:17 318:17318:20 333:17,18344:12,19,22 352:10353:11 379:3 391:14394:7 405:9 406:9416:17 428:22 435:20439:18 440:6 445:8449:6,9,12,18 450:2,7468:20 469:19 470:20

perceived 197:9percent 27:16,17 30:7

39:21,22 40:3,6,7,940:14,21 41:5,6,7,1041:13,16,17,18,1842:5 69:2,4,6 70:1271:10,12,14,19 72:572:15,19,19 107:11138:1 178:16 216:1217:15 229:4 230:3232:21 233:19 234:3241:17,18,21,22253:14,15,18 254:1,4254:6,7,7,8 260:8261:12,12 300:20412:16,17,22 413:14413:14 416:20

percentage 69:19,2071:5 154:12 208:10295:1

percentages 36:1969:13

perfectly 34:6 216:17474:12

performance 11:16141:20

performed 90:16 214:3406:21

perimeter 91:16 94:1494:21 128:12 144:14147:5 177:5

period 215:15 241:4383:16

periodic 97:4Perkins 124:12permanent 29:3 213:14

222:3,18 241:13,18243:21 244:1,2,6,8,11245:3 248:2,7 294:21

permeable 293:11permissibility 283:17permission 47:19

185:17permit 4:19 14:16 31:7

47:22 48:1,6 185:18302:17 362:3,6,11,12362:15 363:6,10364:1,5,7,20 365:7,9365:10 366:8 367:6367:10,13,14,14,22368:2 370:19 474:2,4474:13

permits 5:2 47:22 48:2473:1,16 474:22475:3

permitted 20:10 92:8365:19

permitting 30:12

369:10 473:1person 29:22 33:3 34:4

166:19 200:11 246:6247:11 280:21 299:22346:7 374:5 381:16417:18 418:2 436:2471:4,10

personal 9:14,15 13:315:3 21:1 49:8,17425:16 427:22

personally 10:11 51:14381:3 430:12 474:16

persons 8:1perspective 225:10

252:9persuasion 317:11pertains 25:6Peter 1:13 4:4petitioner 13:6phase 148:1 369:3phases 372:10phasing 47:9,13,15,17

47:19 369:9phenomenon 207:3

218:7Phillips 200:7phonetic 468:18 471:7photograph 106:14

110:19photographed 113:8photographs 110:19

114:15,15,16,20118:16 179:16

photos 95:14physical 117:21 287:19

288:3,6 393:14physically 31:17pick 33:2 354:4 466:6picked 387:14 400:5

466:10,15picking 237:21picture 154:4 182:8

240:1 411:17 454:8455:21 456:19,20

pictured 456:7pictures 274:8 346:18

347:1piece 111:16 131:4

150:13 176:14 199:3307:2 338:20 451:20

pieces 76:15 111:7,13111:18 360:9 464:18

pillars 222:8pipeline 236:5pipes 176:11 198:20pitch 258:4pits 82:7 148:18placards 196:1

place 88:19 92:10 97:9109:1 118:1,9 120:4,8120:10 139:17 141:22142:1 154:15 157:12163:20 171:1 172:18181:8 188:17 191:14194:18 195:13 199:16206:8 218:5 260:16265:2 273:7,8,11277:4 331:14 450:2452:10 455:17 462:19466:18,22

placed 93:22 106:18453:6

placement 98:21places 130:9 142:8

148:17 170:9 198:22199:1,2 215:15216:21 271:6 298:8445:2 452:9 464:12465:2

placing 217:16plain 109:19,22 113:12

180:5,7,18 183:3423:16

plainly 50:15 282:15Plains 329:20plan's 295:9plane 180:2 422:13planned 121:3 240:16

241:9 273:2 286:16462:18

planner 247:2 248:20planning 1:8 5:21 8:13

8:21 9:1,3,10 10:5,7,910:14 11:9,14,15,2013:14 14:2,7,15 15:416:17 20:21 22:825:15 26:9,19 27:3,628:14 29:17 30:1934:7 42:20 52:1955:16 56:16,18 57:2,657:9,11,16,20 58:4,1659:9,14 61:18 63:20125:10 139:6 147:9157:18 169:20 172:13173:1,7 186:11,19199:9,20 200:1,17206:3 246:17 247:4,8247:13 250:4 258:19259:22 285:5 288:8288:20 302:6 321:5,5321:6 336:20 338:2338:10 348:18 400:18468:1 469:18

plans 64:1 142:10178:6 287:22 288:3,5288:9,12 297:22


506

298:2 330:11 371:22373:14,15 375:9376:3 417:10,14,14418:9 419:15 434:17434:18,21 435:4

plant 106:13 107:13108:17,19,21 110:6118:2 160:22 161:2179:18 205:9 303:7

planted 109:20 199:1planters 451:15planting 113:11plants 150:9plat 307:1plate 104:2platinum 337:5,7

338:11play 170:13 287:3playground 27:22

28:21 134:22 159:2162:16 168:12 191:18263:13,15 273:6296:9

plays 287:18plaza 27:22 28:21 135:1

162:18plazas 301:2PLC 2:3please 7:3 25:22 26:3,5

50:11 56:12 79:5 84:384:16 85:17,22 173:1372:6 399:19 407:21429:22 469:15 470:10

pleased 31:12 405:4plenty 476:4plinth 91:17 101:9

103:12,17,20 104:5109:7 122:11 128:8129:2 131:3,13 132:1132:14 133:6,10134:1 140:16 150:12177:14 178:13 179:20179:22 188:12 193:14193:17,20 255:19278:16 410:2,3,13420:4,9,14 421:5,11421:13,15 422:8,10423:5,6,11,17 424:21425:3,5,7,12 426:2,15426:15 429:16 432:9432:14,14

plinths 419:6plotted 306:20plug 221:21plunges 96:2plus 104:4 161:6

257:10 328:7 358:8442:5 468:11

podium 153:9,10 155:6155:6

point 6:10 10:16 14:1715:22 18:18 20:1123:1 25:21 33:14,1634:22 41:14,16 44:2299:9 107:20 143:6173:16 197:7 227:9231:2 254:2,5,10,18257:11 267:13 268:10269:1,13 273:12274:16 279:1 304:9308:2,17 314:1,19315:12 316:9,11317:12 322:17 348:11349:2,15 354:11355:14 356:5 360:11375:14 378:4 388:22389:9 390:6,16,22391:3,10 394:11395:14 396:13 399:16400:8 402:2 404:7,14408:22 411:4,10,22412:4,8 413:10,17414:1,2,2 416:15432:4,13 433:16447:2,10,13 452:4

pointed 128:1 367:10467:19

points 32:18 152:18228:10 314:4 315:13

poised 231:15poles 404:22police 245:19 385:12policies 59:9,15 63:20

63:22 286:5,6 288:17289:2,6,8,11 290:3291:2,6,13,14,19292:8 293:5,22 294:3294:14 295:11,15296:1,14 297:1,21299:9,15 300:9301:14,21 302:3309:11,21 310:19318:2 324:4 325:10326:1 330:6

policy 15:18 72:5,14287:18 288:1 292:22301:5 310:22 311:17312:8,14 317:21325:19 332:7,8,9,13332:19 333:6,9469:19

pollution 323:21 325:16326:2,4,22 327:1,4

pool 27:21 28:20 127:4147:16 162:18 188:4191:18 262:8,18

263:2,9,12 273:5296:7 441:16

poor 293:12 356:16population 170:17,18

213:16 215:13,19232:18 234:1 389:11393:18 394:5,21395:5 414:5,10 415:8449:7

populations 172:16portage 129:16portal 145:17 152:16,17

209:2,6 453:14 457:5457:22 458:1 459:6

portals 453:16,16,21454:16,20 455:1,6,12455:22 456:1,15457:4,13 459:16460:12

portfolio 68:9,16,1975:18

portion 101:4 136:19148:2 161:10,14180:4 188:7,10 201:4213:21 214:22 216:8224:18 234:6 260:19408:14,19 457:15

portions 217:8 233:17pose 33:2 44:5 324:16position 16:13 18:5

56:2 71:18 174:16318:14 359:17 401:17401:18 429:15 433:6

positioning 214:14positions 216:18

226:15 283:16positive 25:2 29:6 80:9

172:5 288:19 387:6387:17 434:11

possibilities 112:3380:21 451:17

possibility 112:7283:15 379:20 465:19

possible 23:11 50:20112:13 117:12 118:17145:10 163:1,9165:12 197:20 210:14377:8 396:11,16452:11 458:11

possibly 214:20post 257:22 280:3

306:19 419:6postdate 347:5posture 86:5 367:2potential 55:4 225:12

289:9 291:21 294:8potentially 249:3

278:20 446:22

power 363:18practical 100:10practically 99:22practice 473:13practices 114:11practicing 171:14pre-hearing 243:6preceded 136:1precedent 11:21precedential 383:4precedents 11:19

152:21predated 307:10 347:2predates 303:6predecessor 246:2prefer 33:12 51:19

211:15preference 344:22

405:17preferred 116:8 287:9

289:14 294:1prejudice 78:15preliminary 17:22

374:17premise 402:8preparation 385:17

467:22prepare 11:2 226:11

250:9prepared 9:12 24:19

107:21 114:3 149:20prepares 286:14Presbyterian 204:1,3,5present 6:18 21:10 22:9

23:9 90:22 91:1 195:2289:13 369:18 379:3403:18 470:4

presentation 7:15,187:21 71:1 88:10 90:11125:7 165:21 192:12206:18 252:16 254:12286:2 388:3 403:10435:9

presentations 6:2021:18 191:17 210:13

presented 20:3 34:1237:19 83:5 90:1792:22 100:11 103:15247:13 249:3 275:18303:20 355:3 371:4382:12 399:21 417:9418:3,5 431:20444:17 446:13

presenter 434:16presenting 323:19Presently 142:15presents 216:3 301:17preservation/adapt


507

130:20preservationists

256:14Preservations 10:20preserve 30:22 116:10

119:19,20 120:20146:4,13 175:11269:5 276:18 278:12313:1 361:14,15362:10,11 364:4368:11,21 409:5462:8

preserved 116:13128:22 131:5,5,6,14132:2,11,14,15133:11 134:2,6,8161:5 175:21 203:15219:12 227:22 255:16368:11 430:17 432:10451:13 457:21 458:15459:7

preserves 16:21preserving 123:16

146:12 151:7 175:19183:13 255:22 453:11

president 251:20presiding 1:13pressed 392:19pressing 217:20pressures 123:3presumably 348:6pretty 10:5 64:5 205:16

210:13 314:10 371:21390:6 397:3 402:19468:10

prevent 248:15 470:15previous 22:18 88:17

90:17 91:1 240:10402:14

previously 5:1 18:17,2220:9 22:22 90:8 92:2294:6 98:19 113:6,18140:7 152:19 169:8239:8 355:17 364:20379:12 448:21

primarily 36:12 73:19237:20 285:20

primary 153:20 311:19312:1,2 436:1

primera 113:11principal 124:11 155:20

212:12principle 414:21principles 218:4,10,21

289:14printed 210:14 251:8prior 7:2 18:7 19:2

45:13 52:7,8,13 60:8

93:14 247:3,10249:15,18 257:22307:6,8,13 388:22389:6,10 467:21

priorities 28:17 29:7,9213:22 268:16 277:8288:8

priority 26:22 27:5 31:232:2 126:18,21 127:5186:21 259:19 260:5261:22 268:15 302:7

prismatic 152:7private 12:2 166:20

189:7 205:2 253:1264:1 265:7 274:19275:5 277:4 291:6320:1

privatization 61:4,10,12privatized 60:4privileged 26:11probability 239:4probably 16:12 32:6

35:9 37:11 46:6,1274:13 75:17 111:22164:22 173:8 176:21179:20 197:16 210:5238:4 246:8 263:4269:18 275:15 316:7352:13 374:16 422:2435:7 466:22 472:11473:2,3

problem 9:9 16:15 21:366:12 98:17 133:4,16133:21 211:19 394:8396:8 398:12,14,17398:19 471:19 475:4

problems 380:6procedural 7:17 17:8

211:5procedure 7:7,9 8:18

17:6 78:11 120:22121:8 122:14

procedures 83:21121:4

proceed 26:6 89:21118:4 205:12 212:5251:13 281:18 283:20285:16,17 323:6377:4 469:3 472:9475:14

proceeded 241:14380:4

proceeding 6:17 7:148:16 20:4 67:10 248:2248:12 258:8 282:17302:15 314:18 319:14375:16 472:2

proceedings 33:15

88:17 91:1 257:17282:7,8

process 7:12 8:17 13:716:2 17:3 61:20 113:9203:20 220:22 228:6236:5 256:17,22257:10 263:1 298:1343:3 366:1 368:1370:6 396:2,21 397:1397:7 398:1 400:18400:20 407:8 428:17474:12

processes 65:5 447:9447:11 470:1

produce 30:5 363:17,20product 107:15 200:10professed 368:8professional 16:10,21

78:20,22 79:9,12 89:189:4,12 171:14 311:3421:3 431:1

professionals 189:3professor 10:19 17:20

124:8 240:8 385:3proffer 362:20proffered 259:10

264:22 265:13 316:19proffers 226:4profitable 415:21program 65:9 117:10

125:12 127:6,7128:17 129:22 130:6133:19 135:11 137:1137:5,7,9,10 138:18139:2 143:14 144:5148:9 159:16,19161:8,11,12 162:8164:9,11 168:15171:2 213:10,13216:2 219:19 220:5229:6,19,21 230:9231:8,9 232:21233:22 234:3,4,12241:2 252:11 258:2277:21 278:5,7279:11 296:11 298:13347:21 350:5,7413:18 435:10

programmatic 145:7154:6

programming 28:5298:15

programs 216:10223:20 224:20 226:17292:21 295:5 296:3

progress 133:8project's 45:4 174:5

213:17 221:4 223:1

234:7projected 37:18projections 198:16projects 5:13 29:1 32:4

32:8 36:2,8,14,1837:4,5 38:8 45:8,1546:2,5,8,10,11,1647:2 58:17 64:19 68:975:13,18 87:17 144:5156:20 158:7 169:11172:14,15 184:11,12200:19 229:18 250:15259:6,13 264:1266:17 268:3 272:19320:1,1 328:19 329:2329:4 334:19 335:5335:10 336:1 341:9343:8 372:11 386:5,9386:13,17 387:3,8,12414:8

prominent 219:20promising 368:10promote 161:1 289:18

291:19 294:5promoting 332:20promotion 295:8prongs 268:14proof 403:19proper 411:19properly 22:18 474:13properties 13:22 14:6

44:13 287:6property 12:3 36:13

125:15proportional 442:1proportionally 202:22proportions 441:18

445:17proposal 11:11 29:9

76:8 115:5 212:19proposals 276:2,15propose 252:12proposed 4:19 5:13 6:3

8:8 9:12,20 11:629:22 101:5 115:4118:22 122:18 125:13163:6 174:5 177:13184:22 185:4 187:16227:2,17 233:8 287:9294:15 303:15 307:16311:8 347:17 349:6361:18 432:2

proposing 118:20125:12,18 145:21146:3 159:22 162:12269:5 270:1

proposition 112:5protect 293:18 300:21


508

protecting 332:15protection 4:17 292:22

293:1,5 296:16300:12 325:1 326:17332:6 333:7

protections 363:3protects 289:21 305:14

333:2protocol 121:5,21protocols 59:9,14proton 237:11proven 224:2provide 5:17 67:21

90:13 140:9 143:9144:6 185:5 188:4,5189:16 196:2,2 204:6210:14 221:4 223:12224:21 231:16 252:5252:8 258:11 261:20264:8,12 265:9,12267:12 275:19 285:8285:12 300:3,22313:2 318:1,19342:12,19 344:22372:22 395:22

provided 16:3 17:429:12 74:20 94:14116:8 118:2 143:7183:5 185:7 203:18236:12,19 261:17266:9,11 295:14297:18 302:4 304:2315:3,4 319:7,21320:7,11 340:12365:2 373:2,8,9 407:5407:7 412:15 465:11477:10,17

Providence 218:8provider 392:18provides 9:21 17:1

26:22 30:1 96:3 121:8129:18 135:20 138:5139:17 140:13 143:6157:16 158:2,8 159:8182:14 213:11,15216:13 225:12 226:2252:13 288:2,10289:20 333:12 339:14339:18 341:17 346:4352:22

providing 137:17182:15 200:16 233:1235:18 292:2,4295:15,18 300:13301:1 338:18 411:4

provision 281:6 283:2,3283:12 287:5 336:6476:14

provisions 250:16280:9 287:2 310:2335:9

proximate 242:10 344:9proximity 292:13 318:3

389:2public 7:20 22:13 28:7

28:19,21 31:3 32:145:14 59:22 60:1,4,1060:15,21 61:3,1068:18,21,22 78:379:22 80:2 101:15106:13 107:7 109:16109:17 117:11 125:3129:9 138:14,16139:12,18 140:6146:9 152:5,12,15170:9 171:15 172:8172:10 191:8 196:3198:14 207:2,2218:13 221:1 225:2225:21 255:21,22263:3 264:4,5,6,13,21274:16 275:3 278:4287:18 288:1 290:8297:17 298:13 324:18336:22 401:22 439:11445:1,2 470:18

public- 277:3public-private 37:5

38:7 46:1 87:14 259:2publicly 47:1 158:20

207:5,6 216:9 224:19289:9 292:1 294:8299:10

PUD 220:13 226:4372:13

pull 278:7 386:3pulled 208:15punching 270:21purification 157:22purported 317:5purpose 69:12,15,16

83:4 99:13 117:7380:10 429:5

purposes 28:20 67:9125:16 168:6 173:8174:17 206:11 280:22302:16 367:8 376:19379:5,16,21 383:8424:20 429:4

pursuant 1:13 7:9pursue 222:14 231:2

232:19 475:2pursued 24:3pursuing 167:3,5

218:21purview 45:9 46:3

push 68:4 188:1 355:12pushed 219:5,10put 71:6 76:18 81:2,9

86:21 87:1 92:9110:22 120:21 123:12160:13 162:15,17173:19 192:19 194:6194:15 205:11 214:17252:22 253:21 269:1270:15 272:13 274:1278:3 295:7 329:13331:15 351:14 353:4369:14 372:13 406:17463:10 466:6 468:19472:10,13

puts 74:3putting 98:8 102:14

103:9,10 104:8,9112:3 141:21 145:18165:21 245:15,17322:5 329:22 330:1380:2 394:16 462:18465:1

Qqualifications 247:2

248:19 279:20qualified 88:12 89:8

106:3 124:5,6 239:8239:19 246:17 323:17333:21

qualifies 388:17qualify 89:10 314:7

441:2qualifying 55:13qualities 24:14 106:21quality 297:16quantified 320:22

325:17 326:3 327:14quantify 326:19 340:19

384:8quantity 297:16query 363:21questionable 320:9questioning 76:13

316:14,16 365:9questions 17:22 22:17

31:13,16,19 32:1533:2,5,20 34:2,9,1234:18 35:4,11 44:645:5 47:9,15,19 48:248:5 50:15,21 51:7,1652:2 59:2 77:10 79:1179:14 80:13 81:7 84:286:18 87:11,13101:20 114:4 163:11167:8 206:6,9 209:21210:22 235:4,7 236:9

245:12 252:17 279:16279:19 309:6 310:1313:14 316:11 318:13324:15 335:17 345:9364:13 365:4,6 369:2369:8,12 370:5375:15 383:14 406:5407:15 417:4 418:2421:1 422:1 426:5,11427:18 446:3 448:17466:20 467:14 468:1475:19,20 476:6

quibble 40:16quick 31:22 51:15

87:13 91:22 101:19104:20 121:18 122:2123:11 167:8 206:5

quickly 100:7 116:14210:13 252:18 267:4

quiet 79:4quite 19:1 88:20 102:16

108:8,10 109:11154:18 169:13 188:1230:18 258:3 287:1313:12 317:2 437:17437:17 440:7 458:14

quote 29:13 30:13103:22 237:15 243:7243:11 287:8,14

quoted 66:15 307:21quoting 69:21 287:4

Rrace 469:20rack 149:2railings 153:22rain 148:19raise 26:2 48:2 247:3raised 6:11 22:17 47:22

367:12 428:9,10473:1 474:1,13

raises 358:17 364:21ramifications 216:6

224:16 227:10ramp 91:13ran 93:18 448:16

467:18range 176:2 229:21

237:1 242:14 245:18288:12 290:11,12292:2,19 295:16302:4 387:5 414:15

ranging 94:4rank 68:16 420:21

423:4ranked 215:20 394:8

420:11 423:9ranking 430:8


509

rankings 430:12ranks 430:5rapidly 215:13,19rare 264:1rarely 36:21 216:4rate 27:12,13 162:6

232:1 242:19 261:8266:6 292:16 411:1412:14,15 416:20

rates 232:4 413:12ratings 148:14ratio 394:21 395:5RCL 239:16re- 18:5reach 95:22 172:11reached 327:8reaches 163:14reaching 217:17reaction 304:20reactivate 30:11read 167:10 258:14

280:17 281:16 284:20356:22 427:16

reading 39:1 161:16,17193:21 209:17 250:22

reads 153:19ready 21:5 22:22 64:18

65:16,22 212:5,6262:4 313:4,8

real 15:16 112:14216:20 230:15,17235:18 271:17 379:22388:6,10 389:1,3411:1,6,11,20 412:2,9412:16 413:1,7,13414:5,21 415:14,18416:4,6,14

realistically 273:22realize 120:16 344:4realized 195:5Realizing 141:21reason 62:1 339:6

352:8 363:14 367:18449:21

reasonability 265:5reasonable 6:13 13:10

21:9 34:7 211:6 227:5233:11 265:3 274:21275:10 277:3 309:17381:6 468:6 475:15

reasonably 217:22228:16 471:1

reasoning 434:4reasons 9:18 11:17

187:6 190:20 224:4230:9 466:5

rebuilding 116:5 117:2rebuttal 8:4,5 471:6

recall 51:3 80:1 88:15355:5

recalling 153:10recalls 155:7receipt 48:6received 48:4 50:6

280:2receives 43:11recess 281:16recipient 13:1reciprocal 177:16reciprocally 181:5recognize 145:14

157:14 254:19,21257:17 289:11

recollection 421:10422:4 452:14

recommend 29:14469:2

recommendation115:10 117:14 118:12118:13 331:10 357:17358:12

recommendations115:14,15,16 116:6116:14 118:22 119:7357:3,6 432:9

recommended 116:3116:17,18,20 330:22

reconcile 425:1reconciled 376:4reconciling 403:3reconfiguration 228:15

228:21reconfigured 345:14

348:5reconfiguring 347:11

351:20reconstructed 116:21

116:22 129:4,5 149:7356:15

reconstruction 116:4117:1 177:2 178:13181:14 184:22 296:4

record 6:19 7:2,3 13:820:22 22:2 44:21 49:550:12,14 52:5,6,7,1352:14,15 57:8 63:1263:13 72:8 74:20 76:976:19,22 77:8,11 87:187:7 92:7 109:2 212:2224:3 229:14 240:10252:22 253:9,21256:16 260:4 269:2272:9,21 281:20284:5,20 302:10,14302:16,21 303:1,8,11304:11 305:20 306:7

309:1 313:1 343:5349:3,4 362:8 406:17432:22 474:9 476:16

recorded 109:3 110:10records 107:21recreating 139:19recreation 28:2 106:13

125:16 144:7 158:19191:8 288:14 290:15292:15 295:10,13,20297:18 300:14 301:4301:5

recreational 28:21 30:2107:8 110:18 158:21179:12 295:17

rectangular 177:14red 94:3,8,8 389:18redacting 20:22redevelopment 244:18

300:15,17redirect 51:16 87:13reduce 6:15 149:5

221:8 227:7 233:11265:10 309:18 314:21346:2 348:2 349:1,13462:7 463:8

reduced 44:12 72:18231:9,11 304:4345:14

reduces 279:8reducing 272:9 345:12

347:9 461:14 462:16reduction 227:17 229:4

304:1 326:16,20346:10 464:2

reductions 308:19reenvision 219:20reevaluate 429:3refer 77:15 84:16

248:20 426:15reference 92:14 332:6

410:9 431:16referenced 388:11references 183:15referred 13:21 91:8

109:18 235:7referring 39:14 62:19

65:13,16,17,20,2173:12 103:21 312:7330:16,18 343:6348:12 378:8,10420:2 421:18 424:4436:17,18 454:12459:15

refers 63:7 281:1332:10 420:8

refined 137:2 257:13reflect 44:21

reflected 425:15reflecting 137:2reflects 125:2 135:19refresh 106:12 421:10

452:13refresher 90:22refuted 416:19regard 248:16 253:8

256:11 258:18 265:17266:21 267:9 269:9269:10,13 272:8275:9 279:13 341:2444:15

regarded 240:11regarding 250:10 280:3Regardless 95:7

272:19regards 84:6 403:14region 225:5 230:15

411:12,13,17regional 202:8,8Register 63:7 106:18Register's 114:13regrading 93:16regs 46:20regular 110:3 160:13

197:20regularity 448:10regularly 97:14regulated 98:8 303:2regulation 302:13

326:8 446:22regulations 7:8 65:2

251:1,4 254:9 286:15302:18 308:6 329:10

regulator 114:17116:11,16 130:9131:6 133:1 140:21149:22 151:4,8,16152:10 155:17 167:14167:21 168:17 169:5176:6,9,10 191:21255:17 420:5

regulatory 65:5 130:14135:22 190:13 446:7446:8,19 447:18,20

rehab 133:2rehabilitate 116:11

146:4rehabilitated 115:21

116:2 128:22 134:7178:8 459:7 460:2

rehabilitation 116:18118:21 135:10 175:22176:1,2 178:1,4 299:2458:13

reinforce 96:21 98:17reinforced 96:14 97:6


510

185:9 270:7reinforcement 93:11

166:1 408:1 409:7410:4,6

reinforcing 92:3 102:6165:22 407:18

reiterate 99:10 258:20260:4

reject 11:10rejected 12:17 13:18rejecting 11:18relate 57:1 140:11,12

153:5 154:7,13157:11 219:11 295:22353:8 372:20

related 56:15 70:1871:21 75:2 128:11147:22 222:15 304:16305:8 319:6 362:15389:1 410:15 442:5

relates 252:5,6 294:1298:21 348:9 372:20461:18

relating 82:13 89:9155:20 288:5 370:6

relation 26:18 57:19297:10 311:14 348:12

relationship 8:15 12:2058:3 131:9,19 132:5132:19 177:16 180:13182:5 311:13 441:19441:20 443:12 453:17

relationships 437:6relative 113:17 206:16

206:19 358:7 360:22361:4,7 420:22

relatively 207:1 405:15released 331:3,12relevance 45:13 50:9

53:16 54:3 59:1240:15 399:18 401:6401:10

relevant 6:12 25:845:15 50:18 54:458:20 67:4 77:9 81:16302:19 360:5 368:6467:15

reliant 214:15relic 99:18rely 407:10relying 76:3remain 6:21 11:9 93:5

98:20 164:1 408:18remainder 337:10,14

384:18remains 7:2 97:13

373:22 421:22 453:22remand 4:6 5:10 7:12

8:3 23:6,9,18 24:1525:11 82:5 90:12173:20,20 174:1,4212:16 227:1 243:6378:11 401:20

remanded 5:5 448:5remarkable 112:1remember 108:1 211:1

258:13 422:20 430:8438:15 477:10

remind 79:22 107:1110:17 186:15

reminder 51:22reminding 192:8removal 96:13 228:13remove 203:19 221:8

230:7 232:21 451:16removed 120:1 193:14

201:11,13 232:17452:9

removing 98:16 186:6234:6 452:5

render 230:5 410:7rendered 20:18 24:8rental 27:14 292:11reopen 20:10repair 116:3 176:3

185:16repaired 458:11repeat 240:9 408:8repeated 118:7repeating 100:20

313:14repetition 99:10repetitive 23:10replace 161:12replaced 127:21 451:22

458:11replacement 238:2replacing 96:14report 29:12 65:13,16

65:22 66:4 101:20111:7 114:22 115:4118:8 119:2 356:8,19356:22 357:3,15358:19 406:16 407:5407:11,12 420:10421:1,11,13,14 422:3422:4,5,8,19 423:4424:5,8 425:11,14,15426:18,21 427:1,5,8427:17 430:3,13,14430:20 431:2,12432:5,16 460:3475:19

reporter 285:1reports 7:19 90:17

244:13 474:17

represent 29:15 93:17217:1 421:2

representatives 7:20represented 108:17

248:4representing 21:9,13

22:7,15 250:18 369:6represents 94:1 217:3

225:16 369:7 434:11repurpose 151:14repurposed 151:16repurposing 152:11

157:1 160:19 167:21217:9,19

reputation 16:6,10request 17:12 20:16

31:6 47:19 219:15306:11 472:19

requested 5:17 21:19285:4,7

requesting 272:6requests 286:16require 35:5 93:4 95:8

96:12 97:12 98:1 99:2105:19 144:21 174:14223:10 306:7 308:6335:1 395:15,21396:1 397:18 409:7409:11

required 27:17 69:793:15 100:13 103:14115:18 166:13,16180:1 205:3 228:11270:5 302:16 304:5308:10 326:7 335:22349:3 409:20

requirement 253:13254:1 259:6,9 260:7334:8,18,20

requirements 190:16191:1 205:4 228:19327:17 334:15 348:17349:18 364:22

requires 4:18 42:2243:10 69:4 96:21100:14 190:14 232:18329:12 375:11

res 382:7,9research 214:9 414:16

426:17reserved 41:15reservoir 106:12

108:15,15 126:2179:11 181:10 182:5196:20 197:3 300:15300:17

resident 469:13,17470:8

residential 36:13,1659:20 124:15 126:16126:17,20 127:2,9130:2,4,6 137:7155:14 157:4 171:2253:15

residents 29:5 126:19144:1 169:22 213:12213:14 221:20 222:11222:14 223:1,5 226:9226:12 252:13 263:3266:8 295:2 312:4319:10

resign 11:14resiliency 64:18resist 93:5resolution 194:14resolved 18:7,17

476:13,22resolving 175:9resource 99:5 115:15

115:16 121:20 131:10131:20 132:6,20133:17 422:14,17423:2,3,6,15 425:22426:7 434:7

resources 112:17,18,20113:4,9,11,12 114:7115:20 116:1,19117:22 118:15 134:6158:13 176:2 178:5182:12 196:16 208:18226:11 422:12 427:20431:7 459:21

respect 23:18 24:15174:18 194:22 240:15302:13 308:9 324:13325:15 326:4,5382:11

respectful 444:10,16445:22

respectfully 31:6respond 243:4 249:21responding 212:15response 35:21 219:6

227:1 241:14 243:5243:17 261:15 286:1347:6 379:2 381:18392:17

responsibilities 376:13376:15

responsible 220:6341:22

responsive 126:12rest 141:14 186:2,7

266:6 390:9 456:5459:8 475:14

restate 42:1 45:21


511

49:14 80:16 92:7359:19

restated 38:18restates 340:9restating 80:14restaurants 151:17restoration 115:22

116:17 118:20 136:20174:22 176:5 178:3185:19 301:6

restore 186:7restored 176:8,22

180:15 451:14 455:17460:1

restoring 151:7restraint 94:14,17restraints 93:5restriction 247:20

248:8,10 280:16,18restrictions 249:5

281:7,9restrooms 151:3result 130:14 206:21

228:16,22 241:19242:1,13 293:15319:21 384:12 393:14426:16

resulted 135:8 136:2407:4

results 154:4resume 88:13 239:11

246:18 284:15,17resumed 212:2 281:20retail 27:20 28:7 36:13

36:16 124:17 126:21127:10 130:4,4133:19 137:12 138:17138:18 143:17 145:6145:9 146:8 148:3,9151:6 155:8 159:10160:4,9,9,12,13,16161:19,21 162:2,3164:14 170:20 171:19189:8 191:10 213:18232:21 234:3,12261:19 273:5 289:16292:14 294:2,10353:5,8,10,21 415:1449:16 459:10,11

retailers 290:17 294:19retain 91:10 122:20

125:14 141:8 145:16161:4 174:19 179:19180:5 192:22 193:1202:21 327:20 329:12329:13 332:14 398:9463:18

retained 132:22 160:8

161:10,14 176:12203:1 452:8 456:1,4456:15 457:4,8458:10

retaining 116:4 120:7123:5 137:15 161:3175:17 176:20 202:22207:17 209:3,8453:19 457:15,17462:21

retains 177:13,14,15426:12

retention 117:18166:10 167:6 175:4185:18 293:13 297:7299:10 329:2,6,17,18329:21 330:3 429:16

rethink 359:7Retirement 220:3retrieve 441:17retrofit 403:21return 18:20 50:7

120:14 123:21 198:4reuse 19:14 31:8 96:9

98:12 99:14 100:6,7101:14 105:18 131:7131:16 132:4 133:2136:13 167:14 168:17168:22 176:3,4 178:2182:9,9,22 183:12290:7 299:3 329:2407:19 408:5,10409:1 454:16

reused 117:6 134:7135:10 176:16,22178:6

reuses 195:17reusing 20:5 167:19

330:1reveals 156:6revenue 30:6 36:11

37:7,9,12 42:8,9138:16 159:17 244:19264:3 276:22 278:2294:20 384:10 386:7

revenues 36:4 233:2241:6,22 242:22244:12,15 245:5383:22 384:1 385:16

review 1:2,12 4:1928:15 56:9 59:10,1561:19 64:2,17 65:788:13 92:1 93:13121:7 125:1 127:16127:18 134:19 149:16157:20 160:6 196:7249:9 250:6 298:1302:10 307:9,13

367:3 372:4 374:17418:21 425:18,19433:6

reviewed 64:20 67:9240:22 247:8 275:12275:13 277:6 348:13419:9

reviewing 56:4 59:7247:9 258:1

reviews 286:15revise 428:22revised 134:22revisions 370:12revisit 18:17 54:21rewrite 429:1rhetorical 21:20 42:15Rhodes 11:22 12:5,10

13:19 15:21 16:2245:1 386:16

rhythm 437:16rhythms 442:16rich 127:7 143:20

218:13richness 143:13rid 205:11ridiculous 78:6 83:18right- 201:5right-hand 109:4

201:10,14rightly 15:19rights 17:4 366:13ring 156:8rise 435:13risen 232:5rising 180:7 215:13risk 97:12 104:14

105:21river 389:15,18 390:4

390:13Riverfront 248:21

249:10 280:6roads 85:16 192:19roadways 148:17robust 291:6rods 120:10role 53:3 56:8 57:11,15

63:20 64:9 119:8170:6,13 247:9286:21 287:3,17,17462:4

roll 331:10roof 93:1 180:8 202:15

330:2 440:4roofed 180:8roofs 92:19room 1:12 23:14 31:18

219:16 395:10 467:22rooms 147:18 214:9

237:10rotation 106:10roughly 235:22 266:19

384:15row 445:11rowhome 261:3rowhomes 261:11

277:18rowhouse 172:7rowhouses 124:16

153:12 189:8 193:14193:18,18,22 194:1,3

rows 207:18rubber 80:8Ruiz 3:12 88:7,12,18,22

89:3,12,20,22 90:2,390:4 101:20 102:3,7102:10 103:2,8,18104:7,17 105:3,5,13105:18 141:3 144:19165:8,11,20 166:7178:18 270:1 284:15348:8 350:3

rule 19:20 302:20307:11

ruled 77:13 314:15315:7 316:13 381:21

rules 7:9 43:15,16ruling 25:4 403:7run 271:10running 271:3 317:15runoff 293:16 323:22

324:6

Ssafe 141:17 144:22

149:3safety 95:10 99:2Sagar 161:9sake 32:21salaries 242:15sale 124:16sales 36:14salvaging 102:5sand 4:9 62:14,17,20

62:22 63:6 98:16106:12 107:12 108:17110:12 116:16 118:1130:9 131:6,15 132:2140:21 152:11 166:1176:7,15,19,20179:12 196:2 198:16198:21 255:19 303:6305:4,7 451:8,12452:1,6,8,16 453:2

sane 191:21save 99:22 101:22

122:2,3 208:2 214:4


512

273:21saved 277:15saving 71:1 227:10,15

276:19 277:15 417:5saw 118:6 192:5 252:14

346:18saying 25:5 55:16 58:1

62:15 65:18 74:486:19 210:6 276:1,3318:16 344:5,6347:22 371:3 383:18390:21 400:12 434:10448:1 466:9,17,17

says 6:10 72:15 84:13122:11 167:10 272:15310:5 312:2 322:8332:13 426:9,11474:1

scale 68:10 100:3139:13,22 177:9229:20 231:3 413:19441:18

scales 153:17scenario 94:19 96:11

96:12 97:10,20 98:1103:9 105:19 270:13462:11

scenarios 462:7schedule 33:11 34:15

396:4,9scheduling 23:7 90:10scheme 100:7,15

300:16,17 355:10schemes 96:9scholar 16:7scholarships 221:13

222:11 226:9school 102:14 223:10

300:2 321:6 385:8schools 245:19 267:7,9science 196:3sciences 222:16Scientist 13:13scope 6:21 31:12 38:15

43:3,5 44:7,9,1646:17 47:10 50:1551:9 52:3 53:15 54:754:8 55:22 56:7,2157:3,7 58:11,18 59:261:5 66:8 68:12 70:1771:20 74:16 75:176:12 78:4 79:1481:21 82:15 85:1186:1 115:18 314:17325:13 363:11 364:11365:10,14 366:12,13

scoring 157:12screen 91:3 203:16

454:12sculpture 198:17,19se 117:6 349:10sea 440:1sealed 165:3seals 142:16seamless 134:16

139:15seamlessly 142:7seating 151:17seats 202:12second 15:22 97:10

138:9 175:18 179:8186:9 215:5 222:17225:3 231:17 281:6284:14 319:12 347:21384:9

secondary 153:21seconds 284:1Secretary 115:19

175:15 190:17 458:16section 122:17 143:20

177:11 186:14 201:21219:21 248:6,7 280:5280:12 282:4,5,19283:4,5 353:1,3

sections 107:17 186:5201:21 250:13

sector 294:10sectors 312:10secure 398:3security 99:6seeing 110:10 258:17

331:7 373:4seek 169:2seeking 153:1 308:3

381:6seen 30:3 93:20 114:21

163:5 215:9 216:4218:7 226:3 255:21256:12 257:21 368:5391:11

select 161:18selling 264:9seminar 57:18Senator 141:12senior 27:14 28:19

124:16 155:14 162:6171:5 172:6 251:20260:20 292:12 318:2318:3 339:5

seniors 147:14 171:5260:15 292:5 300:2318:6 338:18,21339:3

sense 14:14 23:13118:1 139:17 180:5,9180:11 181:7,22

184:2 236:11 238:19239:14 272:16 315:11327:22 368:3 380:20403:5 441:6 442:14442:15 444:13 472:9

sensitive 94:16 95:4sentence 384:7 432:20separate 174:11 356:20

367:22 441:4,7,8,9,15460:22

separated 145:15356:21

separately 421:13separating 442:6separation 321:8separators 148:19September 8:8 472:5series 44:5 150:5

272:13 369:8,12serious 216:6 224:16

364:21seriously 352:17serve 91:14 226:20

318:17 470:5served 16:19serves 224:22service 27:19,20 28:6

28:18,22 114:17116:15 128:7,21129:7,16 130:8,10131:12,21,22 132:21134:11,12 135:2140:15 143:3,4144:13 146:9,16148:4 150:15 151:3152:16 153:9,11154:21 155:7 156:22156:22 157:1,4158:12,13 159:22160:10,18 162:2163:14,19,22 164:1,6175:20 177:17 180:13181:5 219:11 228:9228:11 247:4 267:20275:4 317:17 321:1351:4,10,13 352:20353:3,8,20,21 354:19355:11 360:4 420:4453:3,7,8 455:5,7,9455:22 456:3,7,8,16456:17,21 457:1458:20 459:2,4,9460:15,16

services 27:5 28:1731:2 32:2 98:14,15,21186:21 191:9 213:11231:14 235:18 236:12236:19 237:1,3,18,22

246:13 292:6,13299:6 302:8 311:3,22315:3,4 318:4 319:7319:21 395:11,11,14395:15,15,21 396:1396:14,20 397:18414:15

serving 27:20 59:2161:21 213:18

set 7:12 72:5 73:4,6106:8 154:21 155:5155:21 287:10 291:17314:14 320:9 375:10444:21 478:1

set-aside 27:16,17set-asides 69:2,7setback 135:3 153:10sets 149:6 226:15setting 5:9 108:16

114:10 354:17settlement 93:21 94:17

104:11,18 141:19seven 8:5 114:9 267:18

275:13seventh 284:18severe 229:6severely 99:21 185:16sewer 98:14 270:19

293:17shake 268:20Shane 3:18 246:16

280:1shapes 288:3share 226:22 246:5

385:12shared 275:16 276:1sharing 212:16she'll 405:12sheds 84:7,22 247:15sheet 423:4shifted 156:2 453:9shifting 465:20shop 118:18 171:19shopping 139:18 144:7

171:7 188:18shops 214:8 244:10

386:15 414:22Shoreham 184:21Shoron 184:18short 11:21 33:22shortened 220:1shorter 156:17shortly 139:4shot 348:10show 24:9 71:6 93:8

120:3 127:13,20136:12,22 137:14149:21 200:6 234:15


513

276:13 310:18 317:17411:5 454:8

showed 150:3 164:5165:21 178:5 274:8276:11 331:17

shower 147:17showing 95:14 114:17

130:15 136:5 147:5shown 122:9 134:21

198:22 200:3 276:7303:4 330:19 411:13453:14 454:5 457:22

shows 107:4 108:13109:6 110:21 111:1126:11 150:20 155:11195:22 198:15 201:12227:12 230:14 231:6411:11 412:8

SHPO 121:13shrink 219:15shuttle 148:22 291:7

317:14,17,22 318:5,7318:11 319:17 320:12

side 91:2 95:12 107:14109:5 110:20 132:17133:15 157:1 181:9188:14 193:16 197:11198:1 201:7,14,16,17202:12 203:11,13,14203:17 209:9 351:15421:20 455:2 456:15456:16,21 457:6,8

sides 126:5 156:8193:11

sidewalk 92:11 457:1sidewalks 143:11

148:17 157:2sign 9:4 11:13 16:17,18

367:3signed 474:16,17significance 28:4 62:1

113:17 206:19 207:8247:18 301:9 306:19307:3 356:10,15,21358:2,7,20,20 359:2,9359:12 360:6,14,22361:5,7 383:3 420:13420:18,22 423:7425:13 426:2 427:8427:19 428:1,3,10,10429:21 430:5 433:3433:14 451:7 453:1

significant 27:1 38:193:15,21 95:8 97:2199:3,14 100:9,12,14104:14 128:3,4,5144:21 186:17 199:13202:8 216:8,11 217:8

218:16 220:12 221:12224:18 227:3 228:15229:11 230:13 233:9238:11 243:18 256:8266:13 273:4 275:2279:2 288:18 289:12292:19 293:8 294:20302:4 309:10 354:7359:13,22 377:10416:14 420:12 421:4427:15

significantly 224:9286:5 293:14

signing 16:19silly 432:17,18Silman 88:7,16 90:5

96:9 100:5,7 119:3,15269:10,16 406:16407:11

silo 131:22 140:20151:8 156:4 165:21176:7

silos 131:5,14 132:2133:1 146:16 149:22150:9,10,19,21151:16 152:10 155:13155:17 156:2 160:14167:21 169:5 255:18420:5

silver 45:4,11 46:3,10148:13,14 166:11,15258:22 259:5,15334:8,14,17 335:1,6335:21 337:12,21338:2,4,5,7,11

similar 36:18,19 94:20122:6 150:3 152:7165:20 177:8 223:20259:5 272:18,19344:5 461:17

similarly 36:7 207:22229:15

simple 144:11 152:7153:7 157:8,9 194:14205:13 271:2 341:15350:3 351:20 358:16360:12 422:2

simpler 350:1 452:20simply 37:22 43:19

92:9 160:13 171:10214:17 232:9 272:11276:7 324:16 335:18348:3 382:10 392:8411:22 462:20 463:18

Simultaneous 41:463:2 79:3 80:6 211:2323:15 375:17 376:9432:7 472:4

simultaneously 364:6472:1 474:5

single 112:19 172:14200:10 230:20

singular 150:9 153:13sir 71:22 79:1 83:19

85:21 239:13sit 170:19 191:16

220:15Site's 63:6sited 351:2sites 113:20 196:13

242:5 243:8,10289:10,12,19 292:1,1294:8,9 295:19 298:2298:3 308:18 329:9451:4

siting 75:21sitting 191:19 305:21situation 14:13 34:19

96:7 186:4 205:14272:22 305:17 344:5440:11 449:4

situations 302:21407:22

six 8:4 269:18 272:20275:13 371:19 416:20

sixth 284:17sixty 230:22size 133:21 228:12

230:13 231:8 341:16387:20 389:20,22412:1

sized 36:7 243:10290:12 292:16

sizes 290:11 296:2sketch 67:19sketches 435:7,12skill 223:3,9 226:14skin 150:8skipping 313:12sky 330:2slab 96:14,18 102:15,20

350:13slated 133:2slice 416:4,5slide 95:9 96:3,8 97:22

98:11 126:11 182:7182:10 187:22 192:6192:7 194:6 195:21201:6,18,19 207:10227:12 230:14 231:21271:3 287:20 289:5291:13 310:8 330:20331:18 351:7 388:2,4388:9,9,12,22 389:1,6389:7,8,10,13 390:14393:21,22 394:11,18

394:20 411:5,10,13412:20 413:13 414:11415:9 419:3

slides 167:13 210:13,15284:15 332:6 350:11406:12,14 410:19,21417:6,6,9 418:3,5,19418:21,22 454:8

slideshow 88:9slowing 83:22slowly 215:12small 100:3 134:10

139:20 143:9 151:2158:16 202:8 203:17207:15 230:1,18231:5 295:8 393:6,7413:20 414:4,18415:7 431:6

small-scale 414:12smaller 137:8 138:17

218:11 413:21smart 218:3,10 225:17smartphones 196:12smirking 78:18,21so-called 156:13social 27:4 186:20

199:19,22 259:18260:1,5,22 268:15302:6

society 445:9soft 378:15 415:14softens 353:14softness 412:21soil 93:19 96:6,13,17Soldier's 181:1sole 11:15solidity 152:9solution 97:16,17

353:22 354:22 434:12solutions 119:4 175:9solve 98:16somebody 79:19

334:21 343:22 363:19398:22 446:4,5,11467:4 478:1

somebody's 454:5Someday 321:14someplace 318:8somewhat 23:10 36:2soon 200:2 262:5sophisticated 328:4

356:2 357:10 443:5,7sorely 215:2sorry 38:3 39:2 40:11

42:2 45:21 49:1459:12 63:11 103:9126:10 207:19 239:15341:21 342:16 388:8


514

404:6 408:7,21417:16 422:19 426:5429:18 432:14 472:16476:21

sort 37:2 102:22 118:7156:2 182:13 194:2195:5 210:12 252:3255:8 257:7 267:1269:12 271:7,8 277:7277:11 304:18 317:9322:16 325:13 328:10328:11 385:13,22403:20 404:21 405:21428:16 437:22 467:3

sorts 337:18 401:22sound 211:22sounds 33:6,9 51:20

371:12source 31:4sources 278:8south 1:12 28:6 107:6

109:13,14 126:7,19128:10,21 129:16,17130:3,10 131:12,22132:21 134:12 140:17143:3 144:13 152:16156:21,22 157:1,3158:12 160:18 163:21164:6 181:2 182:3296:4 328:21 329:15411:15 420:4 455:6456:7,16,16,17,21457:1

southbound 146:14southeast 14:1 139:7

159:3southern 129:17 180:2

180:4 188:7 193:16263:18 408:14

southwest 180:21203:3 243:9

southwestern 112:10120:2 466:4

space 98:8 100:17107:4 124:18 125:15127:12 130:19 135:3138:10,12,13,22148:3 152:12 155:2159:7,13 162:16168:2,4,11,11,14169:4 172:2 183:7188:4 192:3,15 203:8217:10 218:1 219:9219:17 238:2 275:20276:11 290:15 295:10296:1,7 299:16300:14 301:3 304:2337:1 348:20 351:3,8

351:12 354:9,10414:16 441:21 450:7

spaces 28:1,21 30:9129:14 138:14 139:12143:22 147:19 148:18151:5,10,12,13,15159:9 170:19 171:12171:15 172:8,10190:22 207:19 218:14225:21 296:8,11297:17 439:11 445:1

spans 458:1spatial 297:7 353:17

354:21speak 139:8 149:9

161:9,13 203:9 212:8263:10

speaking 41:4 63:279:3 80:6 207:1 211:2323:15 375:17 376:9432:7 472:4

speaks 50:2specialist 121:15specially 149:11specific 5:6,20 11:17

26:18 27:3 29:2 30:1831:8 33:4,5 34:142:20 48:1,22 54:2061:22 75:6 80:12115:5,15,16 118:13121:8 159:21 186:10186:19 196:9 199:8225:3 237:6 258:19280:9 287:2,9 290:1299:14 300:7,10,19302:6 309:6 310:8,19313:19 329:11 330:11335:9 336:12 357:4365:10 416:5 420:20427:17 432:21

specifically 7:11 17:1446:19 47:22 48:1965:12,22 103:5116:17 122:12 136:12136:22 137:14 164:22183:15 240:20 241:15242:11 293:3 294:8310:15 314:20 317:20329:16 330:7,21337:19 376:11 378:7387:2 391:11 393:12397:17 420:2 424:4469:20 470:14

specifics 65:12specified 19:22 127:6

395:9specify 245:16 310:3

370:16

spectacular 108:9,10spectrum 226:13

266:11speculating 335:19speedy 210:12spend 80:18 259:18

274:22 397:13spent 266:21 372:17

385:17sphere 221:19 231:18spinoff 344:7spoke 274:12 343:6

459:10sports 244:5,16sprawling 218:6sprayground 296:9spring 108:8Spy 449:19square 12:4 15:14 36:9

36:15 70:5 124:17147:22 148:9 207:18217:4 219:1 229:2230:18,22 231:1236:2,6 285:12 311:7340:1 387:9,20411:16,21 412:3,6,7412:12 416:7 462:16462:21 463:9,11,13463:14,17,18 464:2464:13,18 466:13

squeezing 218:22St 243:9 244:4,15

386:16stability 99:4stabilization 95:8 97:9

116:2 175:17 179:1244:13,19 270:5

stabilize 19:14 96:15120:4,12 146:4165:17 178:18

stabilized 100:22144:21 146:21 457:17

stabilizing 175:17stable 93:5 162:13

164:1 290:18staff 247:10 376:7,8

377:18,19 378:1stage 200:8,11 202:3

202:10,12,17,18,19202:20

stairs 116:21 149:6177:3 181:16

stake 14:16 16:5 57:20stakeholders 29:20stamp 80:8stand 410:12standard 286:13 338:13

371:21 429:20

standards 5:7 48:1687:16,20 115:19148:11,13 175:16190:18 259:14 458:17

standby 19:8standing 104:9standpoint 252:9 269:3

357:20 450:10star 217:3 445:4start 106:11 212:15

238:21 255:8 260:3,6269:22 313:18,21368:17 371:17 372:5372:6 406:9 417:3435:22 460:20

started 22:1 81:5235:18 380:10

starting 113:2 373:12378:18 418:17

starts 141:19 262:2280:15

state 39:2 59:12,2089:13,15 120:15121:12 216:12 234:19

stated 6:22 52:9 86:5178:3 240:14 245:8286:17 287:2 362:1402:9 427:22 457:13

statement 22:9 243:5383:21 393:4,7

statements 7:20 8:112:9 14:17,21 393:3407:15

States 141:13 205:2280:20,22 281:2

station 149:1 320:15stations 149:1 291:8status 370:5 371:10statute 248:6 251:1,4

282:2,15 284:19365:1 474:1

statutory 436:18stay 389:7 405:15stays 52:15 193:6Stearns 2:3 22:4steel 92:3STEM 267:7,10 300:5step 333:22 334:4

374:13steps 165:16stick 211:7,11 237:8

375:7 455:4 474:9sticks 156:13stirs 234:13stock 332:16 333:10stone 111:13,16stop 118:18 121:22

238:21 405:21 466:22


515

stopped 380:16storage 149:2store 27:19 28:18

137:12 148:7 153:12155:13 161:20 172:1261:18,20 278:19,20290:16 294:18 353:10415:5 466:3,3

storefront 295:7stores 261:19 294:2stormwater 45:2

129:12 134:22 293:13293:15 299:13,18326:2,5 327:12,16328:16,17,19,20329:3,6,10,16

story 98:7 123:17162:22 188:1 201:21201:21 208:3 228:1

straight 355:10strategic 288:11strategies 293:9,14

327:11 355:22strategy 136:13 137:1

221:15 222:2,22224:2 226:16 229:13230:5 288:13,14291:18 294:17 330:14330:15,17,18,21331:4,11,14,21 383:8

straw 234:13street 1:12 2:4 4:10

95:12 107:14 108:22109:13 110:20 126:1126:7 127:3 128:10128:11,12 129:18132:10,12 139:11143:2,5,7 146:8,14149:3 151:21 155:18155:22 156:8,16158:15 160:20 162:21185:11 193:15 194:15197:14 201:3,16,17203:14 217:9 219:6228:9 237:22 238:16239:13 278:15,17291:9 311:14 319:2328:21 329:8,13339:8 349:3 372:21441:19 449:13 452:1453:7 459:10,11

Street's 193:16streets 109:2 134:10

143:9 172:4 205:6268:1 271:3,4,5,10,12271:15 273:6 314:11421:22 445:2 452:10

Streetsense 145:5

strength 279:10strengthen 311:15stretching 132:10strike 283:19 441:1strikes 42:14stringent 327:16strive 332:14strong 12:9 141:19

219:6 229:14 262:15stronger 43:12 258:4strongly 257:12 339:4

425:12struck 312:16structural 8:15,19 9:16

12:20 17:2 18:1919:13 89:9,14 90:4,597:20 98:12 99:4100:12,20 101:21119:3 121:14 162:12165:16 189:12 198:8269:17 270:11 406:16409:11,12,19

structurally 141:2144:20 162:13

structure 9:21 93:395:5,13,20 96:1,1697:13 99:20 100:18104:8 105:21 109:7146:20 160:3 277:4421:14,15

structured 265:8structures 28:5 90:21

91:9 92:1 93:1,1,7,994:16,19 98:5 99:7,1199:13 101:11 126:2136:14,18 290:8299:3 301:7

struggle 217:13struggled 231:20struggling 429:19stuck 322:16Stucker 467:21students 300:2studied 104:10 150:16

151:4 462:13studies 102:5 385:6

461:13,19studio 147:18 296:8study 113:16 115:3

135:14 206:18 462:15stuff 81:15 365:18

391:15style 341:3styled 11:6subdivide 4:8 94:19

205:10subdivided 108:22

109:2 204:22 345:15

subdividing 304:14305:9

subdivision 5:3 6:4,86:10,12,16 9:22 48:148:2 174:3 204:15,18204:18 205:4,11,12205:22 272:5,8,10,18297:14 302:9 303:5303:13,15 304:5,7,11304:15 305:5 306:20306:20 307:1,8,11,12307:15,18 308:3,5,10308:10,14,20 309:3,8309:14,19 345:9,11345:18 346:2,17347:8 348:12,16,17349:2,14,19 350:8365:12 376:16

subdivisions 4:19205:15 345:12 346:3346:11,13 347:20348:3,5 461:14,16

subject 18:8 28:12249:4

submarkets 232:7submission 172:22

475:21 477:17submissions 83:10,13

252:20 253:5submit 8:8 211:9

374:19 471:5 476:15submittal 211:6submitted 52:8,12 76:9

284:9,11 359:6373:14,16 374:1,21375:7 376:3 401:8

subordinate 8:22subparagraph 281:8subpoena 363:19subsequent 406:16subsequently 13:12

285:11 380:2subservient 12:15subsidizes 74:4substantial 59:17

125:15 221:4 226:3290:9,14 293:21294:19 295:4 299:18314:10 453:16

substantially 293:16377:3

substantive 9:5 16:17subtracting 383:19succeed 380:14 459:13success 160:15 162:4

224:3 447:16successful 195:18

217:13

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succinctly 24:21sudden 96:5suddenly 320:3 401:20

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413:11 471:3suggested 117:4,9

271:7 339:4suggesting 273:10

322:13 347:20 405:20431:13

suggestion 192:17343:15 392:3

suggestions 405:14471:18

suitable 340:2 341:13342:8

Suite 2:4suites 237:10sum 139:16 154:16summarize 252:3

255:13 301:11 338:20summarizing 345:16summary 99:12 224:4

233:8 388:19summer 108:8 472:7superior 169:22supplement 9:19 18:21

19:11supplementary 6:18supply 215:18 394:5

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26:12 50:7 62:2 65:391:15 92:20 96:16102:20 138:16 159:18261:1 270:16 286:6294:5 295:7 309:16310:12 311:1,5,8312:9 318:4

supported 132:11143:10 155:1 158:2160:5 161:16 196:6268:12 354:22 429:15437:13

supporting 83:16 91:19292:19 356:9 358:1358:20 359:22 360:19360:21 420:13 423:5423:7 428:3 429:7,10430:6,7,11 433:13

supportive 257:12,12supports 102:19

143:17 144:14 187:9supposed 135:21 183:2


516

198:4 284:5sur 8:5surely 158:5surface 102:19,20

104:16 110:11 145:19326:6

surplus 295:19surround 165:5surrounded 439:22surrounding 54:12

85:16 140:18 141:7142:2,14,18 147:2158:18 226:6 267:1,8289:21 291:11 297:11297:13 298:4,5,22327:5 343:16 393:16395:2

surroundings 443:13surveillance 172:5surveyor's 306:11surveys 94:3survive 232:11 457:18Susan 18:20 19:6,10suspect 35:10sustain 84:20 234:2

400:16sustainability 141:18

327:11sustainable 141:18

148:11 288:15 289:13326:10 329:3 468:13

sustained 47:20 48:1049:5 50:10 57:4 58:1960:7 63:3,10 66:9,1471:15 76:14 77:1478:1,5 80:4 82:1086:17 383:12

sustaining 223:8,12366:17

swear 25:20swimming 27:21swing 173:17sworn 26:4symmetrical 156:14synagogue 203:22synergy 402:21,22synthesis 138:7system 127:3 134:13

139:12 147:2 156:1160:20 184:5,5218:18 291:7 293:17296:1 393:5,6 396:18

system- 235:20systemic 216:18systems 217:7,12

235:19 391:13

T

table 22:1 357:7tailoring 240:1taken 5:14 71:18 109:1

139:17 154:19 174:6183:17 198:11 282:10349:12 366:3 384:21437:2

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talk 15:10 35:18 111:3133:11 159:17 161:3166:21 177:20 184:6200:1,20 204:14208:7 252:19 255:17258:14 265:3,18271:1 297:22 298:11298:12 299:9 318:2335:21 355:6,7362:16 375:2 383:16389:7 391:11,20392:10 397:2 408:9417:21 432:19 434:5435:17 437:19 438:21439:18 469:22 472:19

talked 155:1 167:13168:1 170:2 194:5197:8 198:18 199:21255:12 257:6 261:18267:5 270:8 277:15277:20 298:10 309:11311:12 330:4 333:16338:17 343:11 351:1386:2,5 391:21407:17 409:4 419:19439:10,13 446:6461:7,22 463:5 465:4

talking 73:3 121:2187:12 246:12 282:6310:9 311:19 329:21330:11 342:3 393:22396:5,6 397:13 408:4408:6 409:19 410:5412:20 414:9,11,13415:9 416:10,12,12416:13 419:17 431:6442:22,22

talks 281:8,10 298:8310:10,14,15 394:20410:22

taller 155:4 218:10tangle 68:2targeted 267:8taught 10:20Tavern 11:22 12:5,10

13:19 15:21 16:2245:1 386:17

tax 15:15,16,16 36:3,1136:14,18 37:7,12 42:9

54:11 233:2 242:22245:5 294:20 305:20306:6 386:7

taxation 37:14taxes 36:14 384:11TCC 229:8 235:8,8teacher 300:5teaching 171:14team 31:12 33:2 34:2

150:4 177:13 189:2192:8 218:3 220:14221:2 229:11 252:21253:1,2 264:10,19269:3 399:8,11 400:4400:6,12 429:14435:9 445:14

tear 365:18technical 68:1 119:13

145:7 311:3 327:17techniques 148:16

154:7 407:18 408:1409:7 410:4,6

technology 184:3teens 171:11Teeter 232:20 234:2

262:4tell 25:20 72:10 85:18

85:19,22 170:6 184:1189:14 236:18 355:9375:2 454:2 455:13457:10

tells 187:22 208:3temporary 97:3ten 464:17 465:11tenant 239:1 397:10,15

398:4,10tenants 223:1 230:1

231:5 232:7,10238:12,18 239:5395:22 413:20,21414:14 415:4

tension 104:15tenure 292:2term 62:4,11 292:4

436:5,19terms 8:3 36:3,8,10

38:1 42:7 48:15 54:1154:19,22 64:18 68:968:15 69:13 72:10114:11 153:6 166:10173:19 175:3,18179:8 205:13 211:5214:12,14 215:20224:10 244:12 245:14249:14 256:9 259:17278:11 300:18 313:13318:22 319:1,1,2322:17 323:9 324:3

336:17 340:11 348:21359:1 367:2 369:9,19370:6 374:2 375:22386:7 387:20 389:20389:21 391:6 393:9407:11 409:2 420:12420:13 422:6,7,9427:21 430:5,6,20431:18 437:20 446:8450:19,20 453:1454:16 455:13 457:20475:7

Terry 401:5tertiary 154:1 414:2test 17:13 23:22 24:4,5

168:19 208:13 402:1testified 35:21 42:17

48:11 49:19 54:1356:21 57:13 59:3,460:14,18 61:14 62:3,864:7,8,10 67:10 69:569:18 70:19 71:4,8,1174:8 77:4,19 80:3,580:10,22 82:1 83:1584:6 85:14,21 86:1288:16 90:8 145:6168:20 242:3,21247:6 266:18 272:11275:11 299:19 323:10333:17,18 335:16339:19 341:2 345:4345:10 348:1 369:11378:3 401:15 406:18424:18 441:12

testifies 75:19testify 18:20 19:7 31:11

39:5 43:6 44:3 45:147:12 60:13 68:1376:20 77:6,20 82:1185:4,9,13 86:20 89:9165:1 283:14 341:5345:7 357:2 359:3363:15 364:10 417:17419:14 436:20 470:21471:10 472:21

testifying 48:20 70:22248:11,15 282:16283:17 333:3 377:20406:12 436:2 471:8

testimonies 90:17testing 119:11,11Thakkar 3:17 251:13,15

251:19,20 258:18276:3 285:11 333:15334:4 335:3,11338:16 339:1,17340:16 341:1 342:1342:22 345:17 350:22


517

351:5,16 352:2 354:1354:14 363:19 372:12378:3,10,16,20 379:1379:9 398:22 399:2,5399:9,12 400:18,22401:4 407:2,7,13408:7,19 409:9,15,22410:9,17

thank 17:19 21:11,1523:2,3 26:5,14 31:1032:13 35:15 37:147:21 50:4 64:15 88:388:5,6 89:20 101:17102:8 104:19 106:1,6123:10,19,20 124:7136:8,10 163:10167:6 169:17 206:4211:3 235:2,5 239:6245:13 246:14 279:16279:17 285:14 309:22312:15 330:4 333:14338:15 339:11 340:9350:9 361:8 392:14395:8 401:1 410:17411:8 416:22 421:9424:17 434:14 437:19460:18 466:19 477:5478:2,7,8,9

Thanks 245:11 340:8theater 202:9themes 141:10 142:11

194:5 199:5theoretical 303:2,16

308:18 397:8 398:18theory 96:22 97:18

103:13 172:13 305:16398:11

therapy 237:10They'd 122:1 270:9things 36:20 50:7 52:2

53:20 59:20 64:2275:7 83:15 103:13114:18 117:10,11118:8 120:9,17 151:1151:5,17 152:9,11153:8,22 156:1159:20 166:8 168:13170:11 171:8 183:13188:14 195:22 198:20200:1 237:6,14 263:4270:18 271:13,14,22279:8 306:8 324:1326:17 334:12 336:21337:1 344:16 355:20355:22 356:1,3357:21 364:3 371:15384:8,11 385:10,13392:11 398:18 403:21

416:16 431:19 437:2438:17 440:11 441:9441:15 442:7 444:7449:18 450:1 464:5477:9

third 13:12 161:11,15162:10 180:4 225:14271:5 284:15

Thirdly 176:5thirds 233:2Thirty-five 173:10Thom 200:11Thomas 204:3Thompson 248:21

249:11thorough 29:15thought 16:20 38:18

55:3 110:17 133:21153:1 165:7 240:14256:3,3,4 258:15303:18,21 304:6306:16 322:21 392:15419:5 421:5 427:18431:13 442:3

thoughtful 30:16thoughtfully 225:22thoughts 33:17 226:22

352:14thousand 231:1 267:11

267:18,21thousands 30:5 222:3

294:21threat 380:1threatened 379:19three 6:3 25:11 80:5

90:12 91:4 95:3,2196:8 98:7 113:13125:8 128:16 129:13147:3 149:6 155:15155:17,17 164:17,18187:4 191:12 206:2206:20 220:16 227:1252:8 256:17 271:4285:21 359:4,13384:8 437:10

thrive 142:1 235:1throwing 403:21thrown 24:7 265:12thrust 93:6Thursday 471:19Tiber 93:18tick 317:9tie 232:13 287:8 325:9tied 184:15 188:14

213:16 221:6 234:5354:10

till 17:14 406:9time-consuming 10:13

timeline 375:22times 80:5 197:1

256:18 257:1 277:6431:18 465:4

timing 108:2 468:4tiny 416:4title 7:7 287:4today 19:8 21:10 23:4

24:9 26:11 34:1188:18 90:11,13 92:995:4 97:1 106:9110:16 126:3 136:3146:16 187:9 188:22191:6 205:8 212:15213:4 229:9 234:15240:18 254:20 255:16256:8 261:8 268:6279:11 284:10 285:20298:10 301:16 303:12309:11 336:4 341:20352:8 355:13 365:3365:11 366:16 370:14377:20 400:12 405:19439:14 468:1,8474:18 475:20 477:17477:22

today's 245:6told 23:19 183:6 210:4

240:5 469:7tonight 469:3,10 475:16

475:17tons 96:6tool 113:19 115:8top 103:19 165:22

170:5 178:19,20,21205:5 263:4 271:18273:10 278:21 384:14440:3

topographical 426:3topography 93:16

108:13 109:10 113:10420:14 421:12,20,21422:11,13 423:10,13423:17 425:3,8,21426:1,4,7,11,13

topology 442:17topside 96:10,10,12

97:11 100:8 101:1269:22 409:10,15

torn 404:22tossed 441:16total 40:5 52:7 69:14,14

236:2 244:10 266:18411:16,19 464:13,18

totality 320:6 437:21441:5

totally 74:9 238:21441:16

totals 220:8touch 478:1touched 32:19 103:4tour 179:3tours 197:20 267:12,16

300:3tower 228:1 229:1

233:18town 270:4 471:17townhomes 27:13

290:12 292:17 340:13349:9 439:9

townhouse 126:8155:19 156:9 340:7341:3

townhouses 155:20156:10,12 339:22343:7 372:19 437:9,9437:10,12 438:10,11439:5 442:11 445:11456:22

Traceries 149:20track 229:14tractors 110:15traditional 214:15

225:16traffic 85:10 149:4,5

291:10 314:5,11,13314:21 315:5 318:22319:1 320:2 352:20353:20

Tragana 77:22 78:2training 138:19 159:11

221:21 222:19 223:14223:17 266:14,22294:12 295:3 300:5343:12 344:15

Trammel 212:7,13235:9,16 399:10

transaction 238:20transcript 472:1transcripts 257:21

302:11transformative 139:21transit 148:22 315:3,4

319:7transitions 296:18transparency 160:7

459:12transportation 30:22

148:21 290:22 291:1291:6,11 292:14314:6 317:18 318:15318:16,19 319:19320:6,10,17,18,21321:1,4,16 322:7,12323:8,18 325:3336:20 354:15


518

travelers 146:14treat 416:17 429:6treated 460:21treatment 30:18 115:15

116:9,9 118:19293:13 458:13 460:11460:12,15

treatments 214:10459:21

tree 148:18trees 109:20 177:7

194:15 293:11Tregaron 77:16Tregoni 10:10tremendous 216:13

220:19 439:20tried 120:17 421:7

445:6 452:11tripartite 128:6,19

131:7,13,17 132:16133:7,13,20 134:2137:11 161:15 175:19177:15 271:7 420:3

true 87:8 243:12 392:8442:2

truly 216:3 226:15,20Trust 21:14truth 25:20try 7:3 23:16 39:3 51:14

53:18 68:4 70:8 104:5170:8 174:15 187:11284:2 310:8 348:15349:1,13 359:7403:11 406:6 414:4430:1

trying 23:11 33:19 42:155:12 66:20 68:2 79:9120:3,19 232:7236:10 310:18 318:18322:11,17 357:13361:1 370:10 425:1429:20 432:4 455:20477:10

tunnel 273:19 328:21329:7,13,19

turn 25:13 51:21 124:2139:3,5 147:8 192:18280:11 281:5 434:15453:20

turned 12:22 204:2turning 11:17 295:9turns 152:3 283:18tweaks 258:10Twenty-two 261:10two 5:20 17:22 24:16

26:18 51:15 87:1398:7 101:19 120:2,2121:20 125:9 128:6

140:15 143:5 149:15162:22 164:18 167:7173:21 174:2 200:20201:20,21 212:16215:18 222:7 235:6250:5,13 251:2 252:4253:8 256:17 257:10269:21 279:8 280:9340:22 342:9,21353:18 356:22 357:20380:3 390:7 392:11404:22 421:21 437:10442:7 464:5,9 465:13466:12

two- 233:1two-year 250:15tying 325:19type 38:11 167:5

236:16 249:1 266:17395:11 423:5 470:16

types 27:12 171:4196:1 232:9 260:10260:12 292:3,5302:12 339:19 385:9397:17

typical 15:7 213:20226:7 266:1,17458:13

typically 87:20 156:10156:19 169:15 170:12246:1 374:15 437:10

UU.S 28:15 61:19 248:6

250:14 281:9,10ubiquitous 24:14ultimately 95:21 223:14

308:21unanticipated 121:1

122:7 361:14unappreciated 203:6unbalanced 92:21unbelievable 78:15,16uncertainty 270:6uncompromised 95:4underground 4:7 24:13

90:21 91:21 129:8132:7 141:1 145:8,17146:1 165:3 180:10188:2 218:12 227:11227:14 228:3 233:15358:18 365:12

Underlaying 91:3underline 123:12underlying 140:14

305:19underneath 82:7 166:3underscored 144:9

underserved 294:11underside 97:13understand 6:10 19:4

47:6 52:4 54:21,2255:14,17,19,20,2156:17 57:15,22 58:3,658:21 61:11,13 62:462:11 66:21 67:1471:2 72:9 75:18 76:1677:1 79:20 80:3 82:20113:14,15,21 114:4117:20 123:2,10142:13 146:6,11176:17 182:1,4183:19 184:1 189:19190:9 192:4,5,10193:20 194:21 207:13207:20,22 208:6250:17 273:19 287:13304:21 315:19 317:15319:16 321:17,22322:17 331:2 348:8351:17 357:2,18,19359:14 360:10 361:2363:8 364:9 367:1371:15 401:17 411:9421:18 422:5 429:12432:1,5 440:8 443:3450:5 465:9

understanding 41:964:17 117:15 142:12145:22 149:18 151:10151:11 163:3 166:7188:11 192:1,9194:10 259:3 262:8302:10 334:7,15341:11 403:9 426:5431:5 445:16

understands 82:2183:1

understood 41:3,3,8323:9 343:10 357:12406:15 431:3 438:18438:20 447:5 448:19

undersupplied 224:10undertaken 328:19

372:15underway 331:13undo 221:9undoubtedly 243:12,17

368:16 387:4unemployment 242:19

266:6 344:11unfair 470:2unfortunate 255:6unfortunately 90:9

305:16 306:10unified 108:16 153:3,9

156:12 158:8 186:1290:4 297:4 437:15437:15,22 439:2

unify 153:18 267:2unifying 101:6unintentionally 38:17unique 28:4 32:6 36:20

99:16 135:10 141:8143:14,20 144:4,7145:10,12 148:8154:16 156:5,10157:21 169:13 170:17172:1 195:5 213:12216:3 217:6 225:11226:20 266:16 279:6343:7 437:3,6,17440:15 442:6,16445:6

uniquely 224:22 242:21uniqueness 101:16unit 286:16 292:2United 141:13 205:2

218:7 244:8,14280:20,22 281:2386:15 390:6

units 27:14 30:7 37:1439:20 40:2,5,6 69:769:11,14,19,20 70:1271:5,9 74:4,5 147:12253:18,18 254:6290:10 292:9 300:21332:21 340:20 342:8342:11,20

universe 232:8unlawfully 475:3unquote 237:16unrealistic 398:18unreinforced 91:9 92:2

92:8,10,13 94:2 102:6104:8 105:11,13,20269:15 274:7

unrelated 56:13unstable 24:12 141:2

144:20 206:14unused 185:6unusual 140:15 148:8

163:6 167:20 205:14437:7

unwavering 26:12update 90:13 118:15updated 113:7 241:1updating 134:20upgraded 390:20

416:18upgrades 99:2,3 299:18upper 109:4 129:10

197:12 201:5,13203:12,13 353:6


519

urban 296:13,22 323:22445:21 469:18

usable 125:16 162:11168:11

USB 211:7USC 280:5 281:5

476:14use 4:10 6:6 26:21

92:10 96:10,10,1297:8,11 99:1,17 100:8100:10 122:16 130:20130:20 133:19 135:11139:1 145:3 150:18153:16 159:16 172:14174:21 178:12 182:15182:16 185:1,20194:17 206:3 214:19218:12 224:22 234:10234:16 237:20 269:20270:3 271:17 273:4278:22 289:1,6,18303:2,16 308:17309:13 317:8 379:15408:22 409:15 415:13422:5,7 436:5 439:2465:5

useful 258:3 350:17423:19

user 230:4users 217:19 225:5,7

229:22uses 28:7 29:4,4 36:22

124:15,15,16,17126:14,16 132:22133:18,19 137:17138:16 140:2 142:8143:16 144:10,12148:1 159:10 170:10172:16 191:8,14,20191:22 213:18 214:20216:2 229:22 237:9238:4,6 266:20272:15 276:11 278:8287:10 289:15,19291:20 292:19 294:1297:9 299:11 336:22392:1,2 427:8 465:7466:8

utilities 98:22 270:18271:15 273:6

utilization 36:19

Vv 248:21VA 126:6 127:2 130:7

142:22 465:6vacancies 413:1vacancy 232:1,4 411:1

411:6 412:14,15,21413:6,12 416:20

vacant 30:3 332:18vacated 5:5 367:15

448:4,7vacates 97:9vague 64:4,5 72:22

80:12validating 363:2valuable 223:17 318:6

339:16valuations 36:18value 38:19 50:7 98:10

100:15,16 190:11216:21 233:2,4246:12 383:4 408:3409:8,14,18 430:17

valued 138:19 160:4161:21

varied 126:4variety 10:2 53:9,19

64:21 65:18 166:9178:7 191:7,10,10266:20 292:4 355:22

various 138:7 147:6,13261:11 276:14 296:2334:12 339:19 385:4430:6 459:21 462:6

varying 27:11 292:3vault 91:19 95:18 96:1Vaulted 93:1vaults 91:20 93:1,4

99:9,16 100:2 145:18vegetation 150:14vehicle 105:20 320:18

323:22 326:16vehicles 96:17vehicular 143:4 193:10

321:8vendors 151:2verbal 330:9verbatim 283:6verifying 282:22Verizon 449:17versa 373:19version 34:1 38:5 355:1versus 69:14 245:4

339:9 394:21vertical 218:11vertically 225:17viability 229:18 462:15

463:6,22 465:22466:8

viable 6:6 227:6 230:12231:18 309:12 462:2463:7 466:15

viably 462:10vibrancy 53:21 54:2

414:19vice 251:20 373:19vicinity 29:1Victor 379:18view 12:17 17:1 18:4

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viewed 64:8 128:9156:1 310:13 324:1

views 30:22 57:15 84:6109:18 113:10 128:10129:6 132:10,11146:13 180:16 181:3282:15 297:7

viewshed 296:15Vigilant 184:18 185:14virtually 255:14virtue 27:2 186:18

291:15 302:5 303:22308:15 311:6 319:7428:17 448:8

vis-a-vis 57:15visibility 160:6 161:1

162:20 359:16visible 97:13 98:20

141:1 201:14 206:15vision 1:6 22:5 29:18

53:6 64:9,16 68:11230:10 231:3 252:22378:5,12

visit 170:21visiting 171:7,21visitors 127:1 146:10

146:19 195:20 319:10visual 117:16 134:14

452:2 453:14,20,21455:11

visually 185:8visuals 453:14 455:13vital 234:20vitality 139:1 141:7

142:17 143:14 159:15VMP 220:8 221:16

222:17 226:8 378:18vocabulary 155:16voice 26:11voids 158:14 168:20volume 91:10 327:19

329:14volunteer 468:7volunteers 468:12voted 268:11 358:13

Wwade 320:8wait 51:18,19 76:6

81:20 284:6waiting 68:1 211:13

342:14waived 382:3waiver 382:5,7waives 430:16walk 16:11 28:8 109:16

109:17,21,21 116:21128:12 129:5 131:7131:15 132:3,16133:14 136:21 140:18143:12 147:2 158:19163:13,14 164:2176:13,15 177:4,5,17178:9,14,19,21180:16 181:9,10,14181:19 182:15,19188:7,13,16 191:15193:7,9 194:17196:19,19 197:13202:16 228:10 267:4296:5 297:19 318:9318:10 321:13,14355:16 356:7,8358:10 420:6 421:6427:22 428:11 429:6429:17 432:10,16433:3

Walk's 219:20walkable 141:21 158:17

336:21walked 268:6 449:13walking 28:9 144:2

159:4 171:7 183:3196:10 197:6 198:11263:17 267:16 269:17298:18

wall 145:17 151:22157:2 165:11 185:16185:18 209:3,3,6,8353:15 453:19 457:19459:6

walls 91:14,14,15,16120:7 148:20 150:14153:11 155:7,20159:22 160:8,11,18165:5,10 208:21214:4 457:17 458:20459:2,8,15 460:2,4,10460:16


520

Walter 204:3wanted 21:8 22:16

93:12 133:5 243:4253:6 257:20 260:3260:13 268:18 269:7308:1 353:9 357:9400:9 444:19 475:13

Wanting 473:12wants 51:4 281:17

322:18ward 2:9 29:5 222:13

242:18 266:5 268:18470:8

warehouse 201:6,9207:14

warning 92:14 94:7warrant 377:10WASA 328:19 329:16washer 131:6 176:19

451:8 452:16washers 131:15 132:2

140:21 152:12 176:20198:21 255:19 451:13452:1,6,8

Washington 1:13 2:52:10 12:6 14:1 111:14126:15 127:1 130:8142:22 177:8 204:4216:17 217:12 222:18223:21 225:7 238:9248:21 249:10 280:6391:12 392:17 393:13394:2 449:11,12465:6

wasn't 39:1 105:15120:19 164:22 179:22194:14 255:11 267:13364:2 373:21 380:11387:11 388:8 450:13

water 62:17 91:10 97:697:8 98:14 109:9120:1 141:16,17157:21 166:10 176:11184:5,5 198:4 199:6206:22 270:19 273:13273:13 327:20 329:8329:14

waterfront 243:9waterproofing 92:6

96:19watershed 293:18wavy 316:3way 11:6 15:2 39:3 44:4

61:3 66:5 79:9 81:291:12 97:5 107:15125:14 142:12 146:15150:11 155:6 169:6171:1 172:3 179:5

181:19 183:13,14185:9 194:1 196:14199:3 204:19 227:21242:5 245:22 246:10251:8,17 252:14262:20 263:21 264:7265:7,12 266:5,7271:11 283:19 297:13298:4 305:7,11 339:2340:6 345:14 347:12356:22 363:7 374:8,9380:17 398:12,15412:10 437:6 440:15441:15 442:6,8,13,15443:11 445:7,16,19450:2 461:10,11,21464:1 466:2 471:1

ways 143:10 175:8178:7 183:8 198:20315:20 354:20

weak 133:14weakens 370:2weakness 413:5,7,14

413:15weaving 141:5 145:11website 243:16,21

244:5,13 387:16Wednesday 469:11week 468:20Weers 3:15 161:9,13

165:1 212:7,11,12235:7,10,14 236:22238:13 242:3,21255:4 259:20 260:1262:1 265:18 266:18267:5 277:14 299:19311:12 343:21 344:4345:2,6 350:10352:16 388:1,7,21389:17 390:2,5,8,15391:4,9 393:3,20395:7,20 396:15397:12,22 398:7,11401:14 404:6 410:19411:2,7,10 413:9415:22 417:1

weigh 432:5weighed 57:6,9 431:19weight 95:13 96:20welcome 106:5 417:1

460:19welcomes 142:20well-being 311:12went 10:6 56:5 134:20

136:13 163:18 204:5212:2 256:22 281:20317:2 355:10 359:8420:20 434:17

weren't 120:19 445:4west 107:14 108:21

110:20 126:2,7180:17 181:9 182:5352:1 411:14

wharf 203:4,6 243:21341:9 386:14

Whatever's 87:7whatsoever 349:21white 91:5 93:17 153:21

155:20whoever's 284:21wholly 439:1wide 28:8 91:7 176:2

226:13 242:14 292:18355:22

willing 19:10 397:15428:13

Wilson 52:22window 440:21windows 154:12

155:16,19 445:19wish 18:10wishes 90:8witness 3:9 18:11 19:11

25:14 35:6 47:12 49:851:3,3 62:10 70:981:13 87:22 88:7,13106:2,10 212:7 239:7246:15 248:16 251:10251:12 279:19 313:15316:12,18 323:10363:17,22 472:21473:7,8 475:4

witness's 47:11 52:3witnesses 3:20 21:22

23:5 24:17 25:9,20,2226:4 30:15 32:20 33:533:21 34:20 35:1248:20 50:1,22 51:767:21 84:1 86:19,21102:10 210:3 312:22313:12,19 343:13344:16 345:10 348:1361:12 363:21 365:3405:7,13 468:12,16469:1,7 471:4,16472:22 473:10

women 469:20wonder 43:9 170:4

172:22 304:19wonderful 195:4wondering 21:16 31:17

102:18 167:15 210:1305:12 422:7 454:1460:13 462:12 465:16

wood 119:12 154:1458:10,14

word 192:2 408:22436:12 446:18

words 102:22 163:18169:20 305:3 380:2446:7

work 30:10 52:21 92:193:2 102:13 109:9111:12 113:4,7115:13 121:22 160:9171:18,20 179:21189:19 214:3 223:7223:17 253:2 259:1266:15 271:21 273:16273:17,22 278:9371:16 378:2,7,9,14378:21 415:14 431:21445:18,20 464:15472:6,15

worked 119:2 176:14179:17 187:11 221:10254:16 268:3 272:18275:18 437:11

workers 126:22 183:6223:12,15 319:10

workforce 213:13221:14,18 222:1,5,12222:21 226:10,16267:6 292:20 295:5

working 88:19 104:1139:19 144:7 189:3238:17 250:15 251:22263:6,7,10 276:5333:15 416:16

workmanship 114:10works 174:16world 141:14 170:15

182:18 238:19worse 394:9worst 94:4worth 235:22 244:21worthy 213:6 215:1

222:8 224:6 234:16wouldn't 42:6 79:19

103:16 105:1 171:2208:11 265:12 273:10308:6 331:20 341:6344:1 351:13 405:2464:21

woven 142:6 147:6wrap 357:13wrapped 202:13write 9:19writing 86:6 282:11written 10:19 42:19

52:8 54:8 239:11345:18 379:1 386:3407:4 420:19 471:5,6

wrong 16:1 70:13


521

380:13 402:9 407:21416:1

wrongly 15:19wrote 84:10 334:16

386:14 406:20 408:2419:22 428:22 446:18

X

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256:17 257:10 331:4406:18

years 10:3,5 27:6 28:1229:17 30:12 46:11,1193:8 113:6 187:10,12190:3,3 195:10,11205:7,16 215:11220:16,21 238:16245:2 250:5 252:2254:14 264:16 306:22359:6 399:4 400:22404:17 421:8 450:12461:3

yellow 94:8,8 217:3young 171:11youth 162:16 267:12,14

Zzero 411:18zone 95:1 253:12zoning 27:18 69:8,10

69:17 73:7,16 124:22125:3 190:16 246:18247:7,9,10,16 250:6259:9 265:14 286:14286:15 302:15,18321:5 334:9 348:16372:13,17 373:9,15373:19 374:2 378:11401:8 446:9 471:22473:10

zoom 91:11

0

11,000 243:21,221,100 244:11,200 244:111.1.7 332:71.183 241:6 383:21

384:131.184 384:171.3 230:18 293:10

411:20 412:3,6 416:71.4 244:17

1.5 132:151:15 173:131:20 173:131:23 211:211:26 212:210 27:17 46:11 69:4

211:22 399:4 404:1610-year 276:510:00 1:1310:03 4:2100 93:8 178:16 205:16

217:15 301:13 316:20316:22 326:1 455:15

100,000 215:14105 454:13 455:16

456:7,10106 3:1310C 7:711 5:8 21:19 23:7 40:6

132:1 186:14 254:71111 201:3 209:111177 249:1112 124:17 295:13

299:16 301:1 451:12453:11

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228:22 277:15 301:1413.8 412:16 413:13

416:20132 290:10 292:9134 254:6135 4:141350 53:113th 19:314 1:10 5:3 97:5,7,8,9

98:2,9 101:12 105:7,7123:16 129:10,15132:11 136:19 144:17145:21 146:4,8,12155:11 160:1,2,3177:18 178:17 198:4219:9 269:5 270:2301:7 361:10,14,18455:10,18,19,20459:5

14-393 1:6 4:13146 261:11 343:714th 185:11 328:21

329:1515 215:10 220:1 236:1

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272:7160,000 230:22 412:7

412:1217.4 413:1417.41 412:17170 103:20173,000 148:1175 388:10 389:131750 2:418 136:13,18 248:6

278:18 280:5 281:5476:14

182 350:14184 388:5 410:211893 306:21 307:171894 204:211898 304:1119 137:19 278:18 349:81901 205:21978 4:17 283:11981 12:1 245:3 379:151982 282:14,191987 179:17 187:141990 476:15

22 46:10 103:19 114:18

148:2,15 211:22245:5 303:17 308:18362:4 363:5

2-144 4:162,000 245:32.3 236:72.4.1 312:142:10 212:42:13 212:320 27:16 30:7 41:18

69:2,6 70:11 91:2099:9 110:3 113:5131:5,14 132:2187:12 208:2 253:18255:18 260:7 277:16300:20 349:10,12359:6

200 91:18 221:1200-page 475:192000 280:11 418:1120001 1:1320006 2:52002 215:11 404:1220037 2:10

2006 124:20 130:12131:1 403:14 417:11417:15 418:12

2006-2007 188:212007 113:2 404:152008 131:11 136:16

137:4,192009 131:21 238:17

400:222010 418:14,20 419:6,6

419:62011 132:9 136:16

137:20 418:20 419:72012 133:10 417:11,15

418:12,20,22 419:2,3419:7 433:5 434:19434:22 435:4

2013 137:21 401:32014 90:15 113:3 118:6

120:1 124:20 130:12133:22 136:17 137:4137:22 220:15 241:2258:8 356:7,19357:15 406:19 407:11420:10 421:11 422:3424:5,8 427:1 433:6435:2

2015 5:3,3 114:162016 5:4 48:7 362:5

363:5 378:182017 1:10 5:8 8:8

187:14 276:5202 2:5,102022 396:8207 280:5207(a) 248:6207(a)(3) 282:4212 3:152121 2:9220 1:122234-2238 204:823rd 475:2124 95:15 136:14,18240 3:1625 3:11 62:16 63:7

68:19 82:8 95:15107:11 125:5 140:6147:16 173:9 187:12208:11 321:11 326:9

2501 4:9251 3:17260 219:726th 471:1727 162:1528 101:14 120:11

123:17 129:10 136:19144:18 146:17 162:12162:17 163:2 165:17


522

165:19 177:18 188:10197:7,8 269:5 301:8361:11,14,19 408:19

286 3:1829 162:19 278:10290 244:8

33 148:2 280:12 281:63,000 241:10 244:23,200 213:143,300 244:13.25 266:193.5 217:4 235:223:20 281:203:29 281:2130 27:6 28:11 41:16

84:14 236:3 277:1730-year 241:3 383:16300 244:6 384:15

385:14314 3:2034 244:19 245:735 173:938 254:8

44 91:7 131:5,5 148:7,15

219:1 236:64,000 91:20 99:9 100:214,400 241:12 245:44.5 244:1640 210:5 460:17400,000 229:244 460:21441 1:1245 210:5,8451 249:11478 3:2248 460:204th 1:12

55 29:5 91:7 104:4

114:17 148:15 220:9222:13 226:4 233:7242:18 245:6 268:18303:17 308:18 470:8

50 39:21 40:3,7,9,14,2141:5,10,13,17,18 42:5138:1 216:1 229:4230:3 232:21 233:19234:3 254:7 261:12

50-year 97:17500,000 300:15E 220:8

6

6 148:15 244:14 272:106-1102 186:146-110211 6:26.2 129:15 262:96:36 466:216:51 478:1160 39:21 40:6 41:6

72:19 254:7600 203:10 244:6,865 241:18,21650 243:22650,000 290:20677 147:11 292:969 241:22

77 280:1170 254:6700 293:11750,000 296:9763-7538 2:5

88 5:4 8:8 129:15 228:1

253:14 254:1 285:68-year 276:480 41:7 71:9,12,14,19

72:5,15,19 236:3253:15 254:4,6,8261:12

800 463:14800,000 218:2285 40:5 124:16 254:6860,000 147:21874 241:8 383:19 384:2

384:4,21 385:1889 3:12

99 405:592 107:2 125:2294 241:17950 463:16,17974-5142 2:1099,000 124:16 148:9

NEAL R. GROSSCOURT REPORTERS AND TRANSCRIBERS

1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com

C E R T I F I C A T E

This is to certify that the foregoing transcript

In the matter of:

Before:

Date:

Place:

was duly recorded and accurately transcribed under

my direction; further, that said transcript is a

true and accurate record of the proceedings.

----------------------- Court Reporter

523

Application of Vision McMillan

DC Historic Preservation Review Board

07-14-17

Washington, DC

GOVERNMENT OF THE DISTRICT OF COLUMBIA HISTORIC … · 2017-08-17 · (202) 234-4433 Washington DC...

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Transcript of GOVERNMENT OF THE DISTRICT OF COLUMBIA HISTORIC … · 2017-08-17 · (202) 234-4433 Washington DC...