Yearly Archives: 2013

150 People Turn Out for Community Meeting on Capitol Hill Power Plant Expansion

Community Turns Out on Capitol Power Plant Concerns – Wells Looks at Legislation to Ban Coal Burning in DC

by Larry Janezich

Almost 150 people turned out last night at United Methodist Church for Councilmember Wells’ community meeting on a permit requested by the Architect of the Capitol (AOC) to build two new cogeneration systems at the Capitol Power Plant (CPP).  The expansion could increase the level of emissions of the plant over the output of recent years, and continue the use of coal as a fuel – under limited circumstances.  Although invited to attend, the AOC declined to send a representative, leaving Steve Ours of the DC Department of Energy (DOE) to answer questions about what is currently at the facility, what the request for expansion entails, and what the community would get when it’s done. 

Wells opened the meeting, summarizing the situation to date, and announced he was “looking at legislation to ban the use of coal in DC.  We don’t want to interfere with the conversion, but this is the only place in DC which burns coal.”  Such legislation would have to survive a veto by Congress.

Steve Ours explained that the construction of the new systems would eliminate the right the CPP now has to burn as much coal as they want in the plant’s two largest boilers, and cited the increased efficiency and the lessened need to draw electricity – which is produced by coal fired plants elsewhere – from the grid. 

One of the major issues for the community is that the AOC wants to define its limits on emissions as those the plant experienced during the cold winters of 2007 – 2008, rather than the emissions in recent warmer years.  Steve Ours held out some hope that the baseline emission standard could be based on later years, further restricting the use of coal. 

Nearby residents of the plant voiced their belief that it is ridiculous that in 2013, the plant has to rely on fossil fuels.  The Sierra Club’s Jim Dougherty cited the suspicion that coal was continuing to be used for symbolic purposes under pressure from members of Congress from coal producing states.  He named specifically former Senator Byrd of West Virginia and current Senate Minority Leader Mitch McConnell from Kentucky.  Other environmentally active groups, including Greenpeace and the Energy Justice Network were also represented in the audience.  ANC6B Commissioner Ivan Frishberg urged the DOE to look at legal questions regarding health impacts on the neighborhood and nearby schools and urged Congressional consideration of the use of solar page.    

Wells asserted that “this neighborhood is not going to be a symbol for either side,” but stated he would not be part of a decision which will keep a coal-burning plant in DC.  “That’s why we need to address this issue with legislation,” he said.  “I don’t want to retain the capacity to burn coal, because you never know who is going to be in government who wants to make a symbolic point of burning coal.”

West Front of US Capitol, January 20, 2013, circa 3:00pm

The Week Ahead….

by Larry Janezich

Monday, January 21

Some neighborhood establishments will open early, close early, stay open late, or feature Inaugural Day specials.  A few follow:

Boxcar – Opens at 9:30am.  Brunch.

Cava – Opens at 5:00pm.  Dinner.

Chesapeake Room – Opens at 10:00am.  Brunch.

Eat DC-3 – Opens at 8:00am.  Serving the “egg”- nauguration dog.

18^th Amendment – Opens at 9:00am. Brunch.

Hanks – Opens at 11:00am.  Brunch.  Extended hours, open as late as traffic permits.

Hawk & Dove – Opens at 11:00am.  Brunch.

Matchbox – Opens at 8:00am.  Brunch.

Monmartre – Opens at 11:00am.  Lunch.  Closes at 5:00pm.

Pour House – Opens at 10:00am.

Peregrine – Open regular hours, starting at 7:00am.

Sonoma – Opens at 9:30am with extended hours.  $29 three course prix fixe menu.

Ted’s Bulletin – Open regular hours starting at 7:00am.

Tune Inn – Opens at 8:00am.  Hours extended, kitchen open until 4:00am.

Tunicliffs – Opens at 11:00am. Viewing party, brunch, beers from Chicago Goose Island Brewery.

Yes! – Opens at 5:00am.  (Five am)

Zest – Opens at 8:00am.

American Legion, Post 8, 3rd & D Street SE will be open all day starting at 7:00am to serve as a rest stop for the community going to and from the Inaugural.

7:00 am – Coffee/Donuts/Soda/Water available, and Lounge Bathrooms Open

10:00 am – Bar Open, hot dogs and chili available

10:30 am – Big Screen TV on in Event Hall

Tuesday, January 22

ANC 6B Special Call Meeting on Standing Rules.  7:00pm at Brent Elementary School, 301 North Carolina Avenue, SE.

Thursday, January 24

ANC6B Zoning Regulation Task Force meets at 6:30pm in Hill Center to continue working on recommendations to the Zoning Commission regarding proposed changes.  See: https://capitolhillcorner.org/2013/01/12/revision-of-zoning-regulations-carriage-houses-alley-lot-houses-and-english-basements/

Thursday, January 24

Developer of the proposed five story residential building at 401-403 15^th Street will answer questions from the community regarding the project at 7:00pm at Liberty Baptist Church, 527 Kentucky Avenue.  Meeting sponsored by ANC Commissioners Brian Flahaven and Nicole Opkins.

Thursday, January 24

Councilmember Tommy Wells hosts a community meeting to discuss the planned continued use of the Capitol Power Plant to periodically burn coal, despite the fact it can operate on natural gas.   6:30pm to 8:00pm, United Methodist Church – 421 Seward Square SE.   See: www.dcrecycler.blogspot.com and https://capitolhillcorner.org/2012/12/18/residents-outraged-over-on-going-use-of-coal-planned-increase-in-emissions-at-capitol-power-plant/

Residents Turn Out For Crime Meeting at Maury Elementary

Councilchair Mendelson and Councilmember Wells. Chief Lanier Looks On.

Wrapping Up The Week

Crime – Stuart Hobson – Eastern Market Legislation – CHRS’s $250,000 – Info Hub

by Larry Janezich

Crime Meeting

Almost 200 community members turned out for Wednesday night’s Public Safety Meeting hosted by Councilmember Wells (new Chair of the Public Safety and Judiciary Committee), at Maury Elementary School.  MPD was represented or accompanied by a host of officials, including Chief Lanier, Deputy Chief Grooms, 1^st District Commander Hickson, 5th District Commander Solberg, Lt. Kaufman of the Homicide Unit, city attorneys, and officials from the Court Services and Offender Supervision Agency.  The large turnout of public officials was apparently meant to demonstrate the city’s commitment to solving two recent community-alarming crimes on Capitol Hill:  the murder of Jason Emma and the shooting at 14^th and K.  Chief Lanier detailed the status of these investigations, but divulged more details on the latter.  

Police continued to be close-mouthed about the Emma shooting, but acknowledged that the community had generated 70 or 80 phone calls offering information.   Police also pointed to a distinctive outer garment worn by one of the two persons of interest caught on Maury Elementary schools camera who are being sought in connection with the crime, and they asked the public to be alert for the jacket.  

Council Chair Mendelson who attended to announce his support for $2.8 million in funding for hiring 90 officers this year – news those present welcomed with applause – but there were no updates on the issues which could have more to do with reducing crime on Capitol Hill: namely the expired police contract, a commitment to gun-focused enforcement, and a strategy for dealing with juvenile crime and detention.

Stuart Hobson Middle School

Stuart Hobson is adding a major museum/arts addition and the initial concept design was sent back to the drawing board by HPRB for additional work.  Initially, both ANC6C and the Capitol Hill Restoration Society had issues with the design.  After design modifications were made for an upcoming HPRB reconsideration (though it is not on HPRB’s schedule for January 24), the ANC signed off on it, and the CHRS (really its Historic Preservation Committee) backed off slightly from opposing it to not supporting it.  HPRB staff has found the design “not inconsistent” with the historic district.  Neighbors of the school and parents of children attending are extremely anxious about moving the project forward and have brought some pressure on CHRS to not do anything to delay the project.  Last week the board voted to send a letter to the Stuart Hobson PTA saying in effect, they are one voice among many and the final decision lies with HPRB.

Eastern Market Legislation

Councilmember Wells plans to reintroduce his bill to create a new managing authority for Eastern Market.  Last year’s bill died at year’s end, unable to find the light of day after Mayor Gray announced his opposition.  The new bill will be tweaked before being reintroduced, but no indication yet what that tweaking will involve.  The resolution of the flea market issue is still outstanding; efforts at finding a solution having stalled last fall prior to the general election. 

CHRS Receives $250,000 As Part of the PUD Settlement for H Street NE Project

Several years ago, a protracted negotiation with Louis Dreyfuss Property Group over the PUD application for the company’s development between 2^nd and 3^rd Streets on H Street, NE, ended with a settlement under which CHRS was granted $83,000 to support historic preservation efforts outside of the historic district.  That money was devoted to the “Beyond the Boundaries Project.”.  Another part of the agreement pledged $250,000 to be allocated by the developer for two programs: $150,000 for repairs within view of public space to homes between 2^nd and 4^th and F and H Streets, NE.  Another $80,000 would be to increase energy efficiency and other improvements to the homes.  CHRS was awarded $20,000 to administer the programs.  CHRS has not yet set up a process to determine which projects would be funded, but one suggestion at Tuesday night’s CHRS board meeting was that CHRS appoint a committee of residents in the square to determine how to allocate the money.  Another suggestion was that CHRS use its $20,000 to expand the Capitol Hill Historic District to that area. 

Info Hub for Eastern Market Metro Back on Track

After stalling last year, the Eastern Market Metro Hub seems to have its wheels back on and it’s likely Chuck Burger will be able to announce that a memorandum of understanding has been reached with the city that will allow the project to go forward this year.  The endeavor has seen stop and go progress since it was first put forward in December of 2010. 

Firefighters Respond to Fire on grounds of Hine Jr. High Tuesday Night

Photo credit:  Jonathan Page

Firefighters Respond to Fire at Hine Jr. High

by Larry Janezich

Firefighters responded to a fire at the former Hine Jr. High School about 11:30pm on Tuesday night.  The fire apparently was caused by a homeless person who started a campfire behind the shrubs on the property facing 8^th Street.  According to neighbors, police have been involved several times previously on this issue.

Concerned neighbors have written to Councilmember Wells to inquire who is responsible for cleanup of burned debris along 8^th Street and removing remaining shrubbery to prevent reoccurrence of this problem. 

Neighbors are understandably concerned about fire, many residents remembering the early morning 3 alarm fire that all but destroyed Eastern Market on April 30, 2007.

The Hine building is scheduled to be demolished starting sometime this fall to make way for Stanton-Eastbanc’s mixed use development.

The Week Ahead…..

by Larry Janezich

Tuesday, January 15

Capitol Hill Restoration Society Board of Directors meets at 6:30pm, Capitol Hill Townhomes, 750 6^th Street, SE.

Wednesday, January 16

Councilmember Tommy Wells hosts a public security meeting featuring Police Chief Cathy Lanier and Commander Daniel Hickson, 7:30pm, Maury Elementary School – located at the intersection of Constitution and 13^th Place. 

The murder of Jason Emma on Christmas Eve happened nearby.  Neighbors have been demanding more police on the streets.  Last Thursday, Council Chair Mendelson explained why more police on the streets is not necessarily the answer, that there is nothing the city council can do in the short term to address what some see as a crime spike on Capitol Hill, and said it was the job of the Mayor and the police department to deal with the crime problem.  He also alluded to a morale problem on the force, and noted that police officials and the Fraternal Order of Police have not yet been able to negotiate a police union-city contract which expired two years ago.  Residents are likely to be looking for more than calls for greater public participation in being the eyes and ears of the police force and advice about how they can avoid becoming victims.  Commander Hickson has excelled at police/community public relations in the past, but here he will be dealing with an alarmed and demanding audience.

Revision of Zoning Regulations:  Carriage Houses, Alley Lot Houses and English Basements

ANC Narrows Focus on Changes Affecting Capitol Hill Residents  

by Pat Taylor

Thursday night, ANC6B’s Zoning Regulations Revisions Task Force held its second meeting which was devoted to listing and summarizing the proposed zoning regulation changes most likely to affect Capitol Hill residents. 

 A list of the regulation changes of most concern is as follows:*:

•  Alley carriage houses and apartments in rowhouses.   Rowhouse owners will have the right to have a total of 2 “dwelling units” on their lots, providing lot dimensions are large enough.  The second dwelling unit can be in the rowhouse itself, (including English basements) or (new – such as a carriage house on the alley) – as a matter of right).  If the rowhouse owner already has a garage on the alleyway of her/his lot, the garage can be converted to a carriage house (i.e., dwelling unit) as a matter of right [providing certain conditions are met].  If the rowhouse owner already has an illegally rented carriage house, it can become “legal” providing the relevant conditions are met.  The carriage house can be rented; to up to 6 unrelated persons or any number of related persons can live in the carriage house. There is no requirement for off-street parking spaces for occupants of newly built carriage house occupants.  Carriage house occupants, under current DC law, are eligible to purchase Zone Residential Permits.
• Alley lot houses  (especially of interest to Hill East residents).   Under existing code, residences can be built on alley lots as a matter of right only if the lot is located on a 30 foot wide alley (with street access through a 30 foot wide alley).  Residential use is prohibited in narrower alleys.  The proposed new code would allow residences to be built on lots located on narrow alleys, providing some easily satisfied special conditions are met.  Some of those conditions include a minimum alley lot size of 450 square feet;  on lots over 1800 square feet, there are lot occupancy requirements.  The maximum height permitted is 22 feet/2 stories.  There are additional conditions.  There is no requirement for parking spaces on the lot.  [Note: in most alleys, parking is prohibited on the alleyway roadways.]
• Parking – proposed changes:  reduction or elimination of requirements for parking spaces in new buildings close to metro stations and high-service bus corridors and in new alley carriage houses and houses built on empty alley lots.
• “Corner stores” would be allowed as “a matter of right” but with many conditions. These changes are many and complicated.  Here, the devil is in the details.   If you want to learn more, the best source is http://www.dczoningupdate.org/  
• The definition of “residential” has been broadened to include “single dwelling unit, multiple dwelling units, community residence facilities, retirement homes, substance abusers’ home, youth residential care home, assisted living facility, floating homes and other residential uses.” The inclusion of substance abusers’ home and youth residential care home is a major change from the existing code where these were defined as part of Community-Based Residential Facilities  (see below) and subject to certain conditions.
• “Community Based Institutional Facilities” (CBIF) is a new category that replaces the old categories of Community Based Residential Facilities with major changes.  [Note:  it is unclear whether Boys Town would have been categorized as a youth rehabilitation home and subject to conditions, or a youth residential care homes (residential, as allowed as a matter of right.]

The next meeting will be Thursday, January 24, in Hill Center from 7:00 – 9:00pm.  The meeting is open to the public, and residents are encouraged to participate.  That meeting will be devoted to developing comments and recommendations on the proposed zoning changes.  The Task Force will report these to the Planning and Zoning Committee which will make recommendations to the full ANC.  Ultimately the ANC will deliver its comments and recommendations to the Zoning Commission sometime this spring.

* If you are interested in more information on these changes, the best place to find it is on the Office of Planning’s zoning update website:  http://www.dczoningupdate.org/      and click on “document center”   All or at least most of the regulations of interest are in Subtitle C and Subtitle D.

Council Chair Mendelson Speaks to Capitol Hill Residents

More Police or Smarter Policing?  Council Chair Mendelson Pays a Visit to Capitol Hill –

“More Officers Are Not Necessarily the Answer”

by Larry Janezich

Council Chair Phil Mendelson told Capitol Hill residents something they did not want to hear last night.  “There is nothing in the short term the city council can do” to make city streets safer, he told the group of roughly 70 people gathered for ANC 6A’s regular meeting.  “In the short term,” Mendelson said, “this is the administration’s responsibility and the police department’s.”  What the council can do, he added, was remove barriers in the law and increase funding if it is not enough. 

Mendelson’s visit to ANC 6A was prompted by killing of Jason Emma in a suspected robbery near Lincoln Park on Christmas Eve in the 1200 block of C Street, NE.  The ANC, chaired by David Holmes, wanted to know what could be done to increase the number of officers on the street and wanted an explanation of why Mendelson and the city council – except Councilmember Wells – voted in December against additional funds to hire more police officers.

Mendelson responded that more officers are not necessarily the answer to addressing the recent surge in crime in and around Capitol Hill.  DC already has the highest officer to citizen ratio in the country.  He stated that “research shows that swift and certain justice” is the best way to fight crime.  To that end, he cited a number of things city government can do, including prosecuting more quickly, training prosecutors to prosecute gun and violent crime effectively, train police to make better arrests and collect better evidence, encourage courts to require pretrial detention, reduce recidivism, and do more to confront truancy.

Last year, Mendelson said, police hiring had stopped because of “bad budgeting.”  Chief Lanier had failed to take police force longevity bonuses into account in the police department budget request, leaving a shortfall in funding.  The city council vote in December was to disapprove reprogramming fees from traffic photo enforcement, and instead lower the fines.  The Mayor did not want to lower fees and requested the fees be left in place and used to hire additional police.  The council voted against that request.

Mendelson said he expected additional funds for hiring police to be approved next month.  But he added that even with those funds and new police officers it would not mean more police officers in Capitol Hill residential neighborhoods.  Chief Lanier’s request for more officers is to address crime in emerging hot spots such as H Street, NE, Chinatown, and to allocate officers based on the city’s recent population increase. 

Nor would increased funds speed up the hiring of police.  Mendelson said that the optimum police hiring rate is 30 hires a month – “hiring 60 officers a month lowers standards and increases the number of corrupt officers and creates a retirement bubble in the years ahead.”  Both those effects were observed in hiring bulges in 1972-1973 and 1980-1991.  Mendelson says he expects 300 new officers to be hired this year, but also that the force is on the cusp of a retirement bubble.

The council chair stood by his claim that crime statistics have fallen since 2007, although violent crime has risen by 3% over the past two years.

One resident, Catalin Florea, who has analyzed recent crime statistics, spoke in support of some of Mendelson’s claims, noting that homicides have fallen while the number of officers has been stable.  He also noted that DC has the highest police per capita ratio in the country and suggested that dealing with crime is not a question of increased numbers; the city council should push for smarter policing, including surveillance at Metro stops and catching crime when it happens.  (Independently, this author has previously noted that some residents familiar with the 12/26 shooting found police rapid response wanting.) 

Florea also noted the failure of police to make statistics on crimes involving the use of guns available – although such statistics are available and were referred to by Mendelson, and hence must be compiled and available on some level.  Still, the lack of statistics makes in difficult if not impossible to determine the MPD has adopted gun-focused enforcement – that is, an emphasis on responding to and clearing crimes involving the use of guns. 

Some residents raised concerns of police indifference when called for service.  There is anecdotal evidence and occasional reference by officers to a moral problem within the force.  Mendelson observed that the police union contract with the city expired two years ago and has not been renegotiated in a timely fashion because of disagreements between police management and the Fraternal Order of Police.  In addition, a pay freeze has been in effect for several years. 

Mendelson said, “Robberies and homicides are way too high.  Police need to deal with this.”  In response the question as to whether he thinks the police are effective, Mendelson said “yes,’ but he reiterated that the answer to crime is not necessarily more police on the street.”  “Government has to find the best solution that will make people feel safe,” Mendelson told the group.  “People say crime is going up.  Crime is not going up.  It makes no sense in the short term to say we need more officers.  What we can do is support the Chief, support increased use of technology, provide resources to close cases, and be proactive regarding recidivism.” 

It seems clear that Mendelson rejects, at least at this point in time, Ward 6 Councilmember’s contention that more police are the answer to the recent spike in crime on the Hill.  Given Mendelson’s description of how new officers would be allocated even if hired, it seems the desired effect of introducing more patrol officers to the streets of Capitol Hill would be minimal. 

On the other hand, other options such as more cameras; gun-focused enforcement; and incentivizing the police to pursue and investigate crimes that have a connection or common markers (automatic weapons, PCP) rather than as isolated events that occur on a shift and are in need of only the proper paperwork – filed sometimes by a surly or uncooperative officer – are all strategies in need of more discussion.   

Ambar’s First Floor

The Second Floor Overlooks Barracks Row

Weekday Specials from Grandpa’s Recipes

Ambar – Barracks Row Serbian Restaurant – Opens Monday, January 14

by Larry Janezich

Ambar will open on Monday, according to Sibila Hatala, the restaurant’s manager.  Ambar will serve nouveau Balkan cuisine, focusing on dishes from the owner Ivan Iricanin’s native Serbia.  The name “Ambar” refers to the bin where corn is stored after harvest in Serbia.

The menu (in Serbian and English) will offer items not usually available elsewhere on Capitol Hill, for example:  roasted mushroom crepe, beef and goat cheese napoleon, grilled bacon wrapped prunes stuffed with goat cheese, and venison carpaccio.

The wine list is heavy on Eastern European and Adriatic countries and run from $31-$90 a bottle ($8-$10 by the glass).  The wine list includes a helpful wine glossary, explaining the Balkan words describing the wines.  Cocktails, many featuring sljivovic (old plum brandy), are $10.

Ambar is located at 523 8th Street, in space formerly occupied by Jordan’s 8.  The restaurant will initially serve dinner and brunch, but eventually the owner hopes to serve all three meals. Iricanin, is one of acclaimed chef and international restaurateur Richard Sandoval’s partners in two 14th Street restaurants – El Centro and Masa 14.

Chipotle and Building Owner StreetSense Is Accused of Violating Operational Agreement

Chipotle Inadvertently Makes the Case For Banning Fast Food Restaurants on Barracks Row:  StreetSense and Restaurant Reported as in Non Compliance with Operational Agreement

by Larry Janezich

A group of unhappy Chipotle neighbors from Seventh Street, SE, attended Tuesday night’s ANC6B meeting in Hill Center to complain that Barracks Row’s Chipotle and its building’s developer, StreetSense, are not complying with the written agreement negotiated to allow the opening of an otherwise banned fast food restaurant in the 400 block of 8^th Street. 

The group found sympathetic ears on the Commission.  Newly elected Commissioner Philip Peisch, in whose district the restaurant resides, cited “what seems like hundreds of emails over the past eight weeks” concerning the issue.  He specifically cited “noise pollution, broken mechanics, and trash issues.” 

In July of 2011, representatives of StreetSense, the building’s owner and developer, appeared before the ANC in support of an exception to the ban on fast food restaurants for the two adjoining buildings at 413-415 8^th Street, SE.  Negotiations with the neighbors to hammer out an agreement under which the exception would receive ANC support were facilitated by Commissioner Ivan Frishberg, in whose district the restaurant was at that time. 

Linda Elliott, spokesperson for the neighbors, said that they thought they had arrived at a useful agreement and “flowery emails” were exchanged.  On July 12, the ANC voted unanimously to support the request for the exception for Chipotle Mexican Grill.  With ANC support, the exception for the two locations was subsequently granted by the Bureau of Zoning Adjustment (BZA). 

Elliot said, “one and a half years later, despite on-going numerous meetings and phone calls, Chipotle and Street Sense have not lived up to the agreement.” Elliott was armed with documentation – emails, pictures, and audio files – which she promised to turn over to the ANC.

Frishberg said that the Chipotle had been a test case on how to go through the process to add a fast food outlet to a block over-saturated with fast food.  He said he had visited the space behind Chipotle recently, and agreed that they are operating out of compliance with the requirements for the special exception.  “This is a lesson for us,” he said, “as these cases (new applications) come forward.”  Although the restrictions are written into the BZA order, how they can be enforced is a question that has not been answered. 

Commissioner Pate said, “the ANC has been burned,” and suggested a letter to BZA citing the agreement and asking their help in fixing this. 

Part of the agreement with Street Sense was that they would seek to put regular retail into the adjacent site – also exempt from the fast food ban – and seek a second special exception if they wanted to put a fast food venue in the second space.  Street Sense subsequently leased the space to Kraze Burger, which plans to open as a sit down restaurant.  Since this is establishment is opening as a matter of right, they will not come before the ANC until they apply for a liquor license. 

The Commission referred the matter to Commissioner Francis Campbell’s Planning and Zoning Committee for consideration.  StreetSense and Chipotle will be invited to attend next month’s Committee meeting.