Monthly Archives: August 2012

Eastern Market Flea Markets Still Without Permanent SolutionSetbacks and Temporary Solutions for Neighborhood Institution

by Larry Janezich

Since the first community meeting on the Hine project hosted by Councilmember Tommy Wells in the Hine cafeteria on April 30, 2006, the preservation of the flea market has been among the community’s top priorities.

Attendees at that meeting left, feeling assured that the flea markets would be provided for.  And, indeed, when the Request for Proposals for development of the Hine site appeared, there was a requirement for adequate space for the flea markets.  Additional language requiring space for the flea markets was written into the term sheet outlining what the city required of the Hine developer.

As the plans for the project unfolded, the available space for the flea markets shrank.  As the ANC6B noted in its letter to the HPRB of July 27, 2011, “While the size of the plaza itself has not changed since February, the number of tents it is designed to support has changed from presentation to presentation.”  The letter noted that RFP plans depicted support for over 100 tents but by July, 2011, the number of tents had shrunk to 68.

The story the developer told the community – which was passed on by some members of the local media – was that the 8th Street neighbors refused to permit an entrance to the parking garage on 8th Street, requiring the entrance to be placed on C Street, resulting in a reduction in the number of spaces available for the flea market.  What was less talked about was the decision of the DC Department of Transportation nixing the developer’s plan to put the entrance to the underground parking on 7th Street, requiring its relocation. 

In meetings between community leaders and DMPED it became clear that as far as the latter was concerned, 68 tents met their criteria that adequate space be provided for the flea market. 

Community members who opposed reducing the size of the flea market brought political pressure to bear on their ANC representatives and Councilmember Tommy Wells to remedy the situation.  Wells’ response was to amend his proposed legislation providing a new governing structure for Eastern Market to give the new body (the “Trust”) authority to site the flea markets on 7th Street between North Carolina Avenue and Pennsylvania Avenue on weekends.  He chose this route rather than directly approaching the developer to discuss the possibility of more space for the flea market.

Instead, Wells’ plan incorporated 7th Street between North Carolina and Pennsylvania Avenue in the “Eastern Market Special Use District,” which would be under the control of the Trust.  The legislation was fast-tracked and headed for a hearing, when the resignation of City Council Chair Kwame Brown resulted in a hearing postponement.

On July 2, at Muriel Bowser Government Operations Committee hearing on the bill, a representative of Mayor Gray announced the mayor was opposed the to the legislation. 

This was problematic, since the support of ANC6B for the Hine project before the Zoning Commission (ZC) was contingent on approval of the legislation which offered a remedy to the halving of the weekend flea markets occasioned by the construction of the Hine project.

As September 10 (corrected) approaches – the day the ZC will announce what changes to the Hine project will be necessary to grant the developer’s rezoning request, maneuvering to find a way forward on the flea market intensified.  A way was found, but a way that once again appeared to set back the prospects for continuation of the flea markets.  When the final version of the ANC6B’s Memorandum of Agreement on the Hine project was filed with the Zoning Commission, approval was no longer contingent on passage of the Eastern Market legislation.  A proposed temporary fix for the flea market through the Hine construction phase had apparently satisfied the ANC.  Effectively, the responsibility for finding space for the flea market has been passed from Councilmember Tommy Wells, who had agreed with neighborhood concerns regarding the market, to the ANC, which vowed not support the Hine Development unless adequate space was found, to the Deputy Mayor for Economic Development – who is just fine with 68 tents on C Street and the Plaza.  The temporary fix gathering momentum anticipates the likely closure of 7th Street between Pennsylvania Avenue and C Street during the construction of the Hine project by mayoral order to accommodate the weekend flea markets. 

Two points are not being openly acknowledged in the maneuvering.  First, temporary fixes tend to become permanent. If this in fact happens, this would leave the current market managers looking to the city’s Department of General Services for a flea market management role.  Second, it may well be that DMPED may find reasons for not closing the 300 block of 7th Street on weekends on a permanent basis.  A lot will depend on who is Mayor in 2015 when the project is scheduled for completion – which may be the subtext of much of the debate concerning the Hine Development. 

Emmcablog will post the details of this summer’s maneuvering for control over the market in a subsequent posting.

The Week Ahead…..

by Larry Janezich

Tuesday.  August 28

ANC 6B Executive Committee Meeting to set the Agenda for the August ANC6B meeting.  6:00pm-7:00pm.  The Hill Center.  The Executive Committee will likely decide to put a resolution on how to resolve outstanding questions concerning management of the weekend flea markets on ANC6B’s agenda for the next meeting.

Community briefing by Metropolitan Police on burglaries, street robberies, and assaults.  7:00pm – 9:00pm.  The Hill Center.  Questions will be asked.  And assurances given.

Tim Britt’s Nominating Petition Omitted Key Dates:  Mistakes Considered Irreparable by DC Board of Elections

By Larry Janezich

Additional information about the removal of candidate Tim Britt’s name from the ballot provided by the DC Board of Elections on Friday morning reveals that, in addition to the single ineligible signature on the petition, eight signatures were undated, an omission that rendered those entries invalid and beyond redemption.

The Board held a “prehearing” meeting with the candidate and challenger on Monday.  The prehearing is held, according to a Board of Election official, to “provide an opportunity for the two parties to agree what to do next.”  Britt was told by Board a representative at that time that one of his signatures was that of an unregistered individual, and thus invalid.  In addition, he was told that 8 signatures were invalid because they were not dated.  Confronted with this information, Britt had no choice but to withdraw the petition.  Except for the failure to enter a date, the 8 signatures were otherwise valid.  Although the Board of Elections provides an opportunity for post-submission validation of petition signatures of registered voters who have a new address, there is no post-submission “cure” for undated signatures or unregistered signers.

A Board representative said that candidates are advised by staff to “check over” the petition when they submit it, but said that the candidate is responsible for making sure the information is accurate and complete.   When asked why the Board does not offer more service to political newcomers who are subject to rules designed to root out political malfeasance but which, in this instance, punish an oversight that then disqualifies them for the ballot, the DC Board of Elections underscored the fact that it is the candidate’s responsibility to make sure signatures and petitions are correct.

For this reason, Kirsten Oldenburg, one of three commissioners to be censured during the current term of ANC 6B for a violation of its bylaws, will be running unopposed on the ballot.  Of the other two censured ANC6B Commissioners, Dave Garrison is also running unopposed for reelection.  The third commissioner – Norm Metzger – is not seeking reelection.

Oldenburg Bounces Opponent from Ballot via Challenge – Tim Britt to Launch Write-In Campaign

By Larry Janezich

Tim Britt, who had registered as an opponent of ANC6B Commissioner Kirsten Oldenburg in the November election, was removed from the election ballot after an Oldenburg challenge revealed a single unqualified signer of the petition, leaving him one name short of the required number of signees.

Britt, who was unaware of the challenge until the DC Board of Elections came to its decision, responded to the news by vowing to launch a write in campaign for the seat.  Britt expects to have a website up and running this weekend, at timbritt4anc.com.

Oldenburg may be particularly vulnerable this election year:  some constituents are upset by her handling of the new Hill Center liquor license and operating hours; other neighbors of the Hine development cite her unqualified endorsement of Stanton-Eastbanc’s design for the Hine development.  The latter position put her at odds not only with the Capitol Hill Restoration Society, but also one of the District’s most prominent architects, D. Graham Davidson, FAIA, member of DC’s Historic Preservation Review Board.

Britt, a former 12^th Street neighbor of Oldenburg’s currently lives with his wife Lanna on 10^th Street, SE, across from Tyler Elementary School.  Britt has been a resident of the Hill since 2007 and served eight years as a U.S. Army Military Police officer, including a tour of duty in Iraq.

Final List of ANC6B Candidates – Critchfield to Seek Re-election; Oldenburg Challenged

by Larry Janezich

In the last few days to do so, ANC6B Chair Jared Critchfield, 1505 K Street, SE, has filed to seek re-election to represent SMD 6B06.  Tim Britt, 753 10^th Street, SE, has filed to run for the SMD6B04 seat held by Kirsten Oldenburg.

The period for filing for ANC6B candidacy for the November election closed today.  Candidates who have filed to run could still withdraw their candidacy before Election Day.  As of today, the list of candidates is as follows:

6B01 – Incumbent* unchallenged.

Dave Garrison*

6B02 – Incumbent* challenged.

Ivan Frishberg*

Gerald (Jerry) Sroufe

6B03 – Current Commissioner Norm Metzger is not seeking re-election; there are  two candidates for the seat.

Philip Peisch

Randy Steer

6B04 – Incumbent* challenged.

Kirsten Oldenburg*

Tim Britt

6B05 – Incumbent* challenged.

Brian Pate*

Steve Holtzman

6B06 – Incumbent* challenged.   There are three candidates:

Jared Cricthfield*

Chris Harlow

Nichole Opkins

6B07 – Incumbent Carol Green is not seeking re-election.  One candidate has emerged.

Sara Loveland

6B08 – Incumbent Neil Glick is not seeking re-election.  One candidate has emerged.

Chander Jayaraman

6B09 – Incumbent* unchallenged.

Brian Flahaven*

6B10 – Incumbent* unchallenged.

Francis M. Campbell*

ANC6B Hine Negotiators Face Challenge at Polls – Opponents of Chair and Vice Chair of Hine Subcommittee Step Forward

by Larry Janezich

The two ANC6B commissioners who negotiated the memorandum of agreement regarding benefits, mitigation, and amenities with the Hine developers will be opposed in the November election.  The seats of Ivan Frishberg, Chair of the Hine Subcommittee; and Brian Pate, Vice Chair, will be contested by Gerald (Jerry) Sroufe, 129 6th Street, SE; and Steve Holtzman 210 8th Street, SE, respectively.

Sroufe and Holtzman were outspoken critics of some of the key points in the memorandum of agreement reached between ANC6B and Stanton Eastbanc.  Both presented statements critical of the design of the Hine project before the Zoning Commission last month.  The ZC is likely to issue a zoning order or directive to the developer to make certain design changes to the project when it meets on September 10.

ANC6B approved the memorandum of agreement on June 13 by a vote of 6-4.  Many in the community felt that more concessions could have been wrung from the developers than were accomplished by Frishberg and Pate.

In another significant development, a candidate has emerged to succeed retiring Commissioner Carol Green.  Sara Loveland, of  951 14th Street, SE, has registered to be a candidate for SMD 6B07 and is so-far, running unopposed for the seat.

The period to register as a candidate will close at the close of business on Wednesday, August 8.

As of now, those who have registered for candidacy in ANC6B are as follows:

6B01 – Incumbent* so far unchallenged.

Dave Garrison*

6B02 – Incumbent* challenged.

Ivan Frishberg*

Gerald (Jerry) Sroufe

6B03 – Current Commissioner Norm Metzger is not seeking re-election; there are three (now two – see below)  candidates for the seat.

James M. Loots  (Update:   Loots has informed emmcablog that he has  determined that due to personal and professional obligations he will not be seeking the ANC 6B03 SMD position and will support Philip Peisch in the general election.  ed.)

Philip Peisch

Randy Steer

6B04 – Incumbent* so far unchallenged.

Kirsten Oldenburg*

6B05 – Incumbent* challenged.

Brian Pate*

Steve Holtzman

6B06 – Incumbent Jared Cricthfield has not yet filed for candidacy.  Two candidates have emerged.

Chris Harlow

Nichole Opkins

6B07 – Incumbent Carol Green is not seeking re-election.  One candidate has emerged.

Sara Loveland

6B08 – Incumbent Neil Glick is not seeking re-election.  One candidate has emerged.

Chander Jayaraman

6B09 – Incumbent* so far unchallenged.

Brian Flahaven*

6B10 – Incumbent* so far unchallenged.

Francis M. Campbell*