Category Archives: Uncategorized

Hine Partner/SuperPAC Donor Buwa Binitie Travels to China with Bowser

Bowsers Hine Affordable Housing Concerns No Deterrent to Housing Agency Appointment

by Larry Janezich

Throughout the government approval process for the Hine Jr. High Development, Councilmember and current Mayor Muriel Bowser maintained that the separation of the development’s Low Income Housing Tax Credit (LIHTC) units into its own building troubled her and, if given the opportunity to do it all over again, she would change it.

But it evidently it did not trouble her that much.  Buwa Binitie, the developer who engineered the division of the Hine site to provide a separate legal property for the affordable housing portion – which allowed Stanton-EastBanc to fall short of compliance with what LIHTC requirements would be if the property were one parcel – was appointed by Bowser to the DC Housing Finance Agency board that reviews and approves LIHTC applications.

Binitie, the principal of Dantes Partners, who accompanied Bowser on a trip to China in search of foreign investment in the city, was recently identified as a major contributor to the Mayor’s controversial SuperPAC, as described by Aaron Davis in the Washington Post (http://wapo.st/1WMoqaO ).  The WP reported in October that the treasurer of the SuperPac says the fund will be used to help re-elect councilmembers who support the Mayor and oppose councilmembers who don’t.

As reported earlier on this blog (http://bit.ly/1CCPcgs ), when “considered as one project – and, in light of the fact that the developer is paying $0 for the North Parcel because he is allowed to deduct its cost from the amount paid for the South Parcel, it probably should be – the DC government has given valuable land away to a developer without receiving its fair share of affordable housing in return.”  As was also subsequently reported on this blog, Binitie and his group submitted what turned out to be a failed bid to develop the Boys and Girls Club property in Hill East (http://bit.ly/1DzFGp8 ).

Recently, appearing before the city council on November 5th, Binitie testified that he “could not recall” who had asked him to contribute $10,000 to the SuperPAC over the course of this past summer.  (See the WAMU story here: http://bit.ly/1Pnv0pk ).  As reporter Patrick Madden relates, Binitie contributed the $10,000 a month after Bowser nominated him to serve on the DC Housing Finance Agency board.

Councilmember Mary Cheh’s recent questioning of Binitie can be found at the 1 hour, 07 minute mark of the November 5th Joint Hearing that can be viewed here:  http://dccouncil.us/videos/archive/

The DC City Council approved Binitie’s nomination and two others to the board of the Housing Finance Agency in mid-August.  The other two were Bryan “Scottie” Irving, Principal and Founder of Blue Skye Development and Construction Company, and Stephen M. Green, Chief Operating Officer of The NHP Foundation.

The Housing Finance Agency was established in 1979 to stimulate and expand homeownership and rental housing opportunities in Washington, D.C.  Their mission is to offer below market rate mortgage loans to lower the homebuyers’ costs of purchasing homes and by issuing mortgage revenue bonds to lower the developers’ costs of acquiring, constructing and rehabilitating rental housing.

The Agency’s Board of Directors is a five member board nominated by the Mayor and confirmed by the City Council. Under the statute establishing the agency, two Board members must be from the mortgage lending or finance industries; two members must be from the home building, real estate, architecture, or planning community; and one member must serve the community or consumer interests.

The Week Ahead….

Monday, November 9

1. ANC6D meets at 7:00pm, 1104 4^th Street, SW, 2^nd Floor

Among items on the agenda:

Rail Study, including CSX tracks (Ryan Westrom, Senior Transportation Planner/Engineer, DDOT)

Public Service Commission – Comment on updated bid for Pepco

Bardo Big River Application

Virginia Avenue Streetscape Restoration, DDOT

Riverside Baptist Church PUD, hearing date 11/30/15

Case Bridge lights DDOT Public Space Hearing 11/19/15

Lunch Room & Oyster Shucking Shed, 1100 Maine Avenue, HPRB hearing date 11/19/15

82 Eye Street SE, Construction Update (Miller & Long)

1244 South Capitol Street, Public Space Permit

Florida Rock Bulkhead Replacement, 2 S Street, SW, DDOT (Kelly Drewry, Davis Buckley Architects)

1000 South Capitol Street, BZA

1000 South Capitol Street, (related alley closing)

Tuesday, November 10

1. ANC6B meets at 7:00pm in Hill Center

Among items on the agenda:

Presentation Christopher Weaver, Director, DGS (Status of Weekend Flea Market)

Starbucks Coffee, 237 Pennsylvania Avenue, SE, new Retailer’s Class “D” Restaurant license

Bullfrog Bagels, 317 7th Street, SE, new Retailer’s Class “C” Restaurant license

DOH Certificate of Need (for primary care facility), Community Connections, 801 Pennsylvania Avenue, SE

Rock ‘n Roll DC Marathon 2016

Consideration of Amendments to Commission Standing Rules

2. Police Service Area (PSA) 104 public meeting7:00 – 8:00 p.m. Stuart Hobson Middle School, 410 E Street, NE

3. Neighborhood Watch Crime Prevention Training 7:00 pm – Friendship Chamberlain Public Charter School, 1345 Potomac Ave SE. Contact: Samantha Nolan at NolanTutor@yahoo.com

Wednesday, November 11

Veteran’s Day.   No ANC meetings.

Thursday, November 12

1. ANC 6A meeting 7:00pm. Miner E.S., 601 15th Street, NE

Among items on the agenda:

The Pursuit Wine Bar (1421 H St NE), change from a Restaurant to a Tavern license.

Ocopa (1324 H St NE) – ANC protest the request for an Entertainment Endorsement until Ocopa is able to present its plans to the ABL Committee and the Committee has no objections to or concerns with those plans:  Include a café zone on the Eighth (8th) Street NE side of the property that will provide six (6) feet of space between the existing bus shelter and the café zone, and that will provide buffer space between neighboring property to the south on Eighth (8th) Street NE; and

Request for a DDOT traffic calming study on the 1200 and 1300 blocks of Constitution Avenue, NE

Support for the Lincoln Park bike lane plans with the exception of the contraflow lane on 100 block of Eleventh (11th) Street, NE

Historic landmark status for the Lexington Apartments building at1114 F Street, NE

2. ANC6C meets a 7:00pm, Heritage Foundation, 214 Massachusetts Avenue, NE

Sugar Factory, 50 Massachusetts Avenue, NE, request for extension of hours

XO, 15 K Street NE, application for a tavern license, including entertainment  endorsement and summer garden, seating capacity 320; summer garden, 60.

Capital Bikeshare expansion plan

Proposed regulations for resident-only parking

NoMa Parks update—Stacie West (non-voting item)

Rock n Roll Marathon, March 12, 2016

301 Florida Avenue, NE,  (non-voting item), proposal to raze existing building and replace with a mixed-use building with retail and residential uses.

3. ANC6B Constituent Services and Community Outreach Committee meets at 7:00pm in Hill Center.

4. CHRS Zoning Committee meets at 7:30pm, Kirby House, 420 10^th Street, SE

Notice for Thursday, November 19, 2015

Washington Interfaith Network (WIN) City Wide Action Effort on Jobs, Housing and Homelessness with Mayor Muriel Bowser.

7:00pm – 8:30pm, Covenant Baptist UCC, 3845 South Capitol Street, SE

Sign Up/RSVP REQUIRED . Those interested in attending should contact Pastor Anthony E. Owens, Liberty Baptist Church, 527 Kentucky Ave., S.E.

Tel. 202.543.7894

Cell 202.531.3198

Website: www.libertybaptistchurchdc.org

Washington Interfaith Network is an affiliate of the Industrial Areas Foundation (IAF)

Rats Present Obstacle to Starbucks’ Liquor License at 3rd and PA Avenue, SE

by Larry Janezich

Thursday night, ANC6B’s Alcohol Beverage Committee considered Starbucks’ request for a liquor license for its outlet at 3rd and Pennsylvania Avenue, SE.  Some commissioners want Starbucks to provide indoor trash storage at the location because serving wine and beer with small plates until 11:00pm will increase their volume of rodent-sustaining garbage and trash.  Theses commissioners say the coffee shop can’t handle the refuse they produce now.  Neighbors near the intersection, which is home to five restaurants in close proximity, say the area is plagued with rats fed by garbage and trash from those restaurants.

This blog has recently reported on the issue here:  http://bit.ly/1ZJaa6W.   (That report, primarily concerned the three nearly adjacent restaurants owned by celebrity chef Spike Mendelsohn.  Since then, there has been no official word from Mendelsohn on how he will deal with the rat infestation which neighbors say his restaurants bring to the neighborhood.  A Mendelsohn representative told an ANC Commissioner who is pushing for more Mendelsohn/neighborhood engagement that the owners have had enough meetings with neighbors.)

So that there would be no mistake about Starbucks concern, the company rolled out some big guns to demonstrate their commitment to cleaning up their act:  a corporate counsel, a regional supervisor, a district manager, a regional physical plant manager, a local physical plant manager, and the manager of the 3rd and Pennsylvania Avenue outlet.  This Starbucks is one of the 9 outlets in the city (out of 64) which is applying for an alcohol license.

Starbucks’ counsel, Steve O’Brian, says the company is expanding their menu to target singles by providing a space for them to have a glass of wine and food without the “high pressure atmosphere of a bar.”  Starbucks personnel distributed the anticipated evening food menu, which included “Artichoke and Goat Cheese Flatbread, Chicken Sausage and Mushroom Flatbread, Spinach and Artichoke Dip with Pita Chips, Bacon Wrapped Dates, Meatballs with Tomato Basil Sauce, and Truffle Mac and Cheese” among other offerings.  None of the food will be prepared on site – it will be trucked in and heated in a microwave.

Committee Chair Chander Jayaraman, at a previous meeting, had shown Starbucks executives photos of the outlet’s filthy trash storage area, with open trash bins piled high with garbage bags and large quantities of rat feces next to the dumpsters.  O’Brian said the trash storage concerns had gone “very high up” in the corporation.  (Capitol Hill Corner reported on the same trash storage conditions in October of 2013 – see here http://bit.ly/20zWtaX. This same post carried an account of the measures the Mendelsohn family pledged to take to control the rat problem associated with their restaurants.  The neighbors say that the Mendelsohns did not live up to their agreement.  The example of that experience is causing consternation among commissioners who heard similar pledges from Starbucks.  Following the 2013 post on Starbucks, instead of improving, the trash situation got worse.)

Confronted with those explicit pictures of the deplorable trash storage conditions at Starbucks, O’Brian expressed profound embarrassment on behalf of the company.  That impact of that embarrassment was undercut by the photos he offered to demonstrate how Starbucks had cleaned up the storage area to a point which they thought would be a model for moving forward.  Some commissioners found the photos more than troubling and the effort inadequate; the photos of the “clean” area showed battered dirty dumpsters, some with open lids revealing plastic bags and one with cardboard refuse piled high in an open bin.  Commissioners clearly felt that the Starbucks team just wasn’t getting it.

The committee then heard from a half dozen neighbors who told story after story of rats overrunning the neighborhood and traveling back and forth across 3rd Street from the trash behind Pret a Manger, Good Stuff Eatery, We The Pizza, La Béarnaise and Starbucks.  Neighbors complained of being unable to use their back yards because of the stench of rat and restaurant waste.  One neighbor has spent more than $20,000 to rat proof his yard.  The occupants of the building next to Starbucks, who say they witness dozens of rat sightings a night from their front porch, complained that the recent power washing of rat feces from Starbucks’ trash storage area, had washed it into their basement.

O’Brian pledged that the storage area would be kept clean, trash pickup would occur seven days a week instead of six, and trash containers would be serviced once a year for cleaning and repairing.  (Regarding the latter condition, questioning revealed that this is already standard operation procedure.)

Commissioners Jayaraman, Hoskins, and Chao scoffed at Starbucks’ claim that it was too costly and problematic to create an indoor trash storage area.  Commissioner Chao told O’Brian that his assertion that indoor trash storage was cost prohibitive “rubbed me the wrong way.  You’re Starbucks.” Commissioner Diane Hoskins said that she was offended at the claim of it being too expensive: “It’s a joke…you’re not a mom and pop store.”  She said that the proposed clean up Starbucks offered as a model was “not what we need to see.”   Chairman Jayaraman said, in support of the push for indoor trash storage, “It doesn’t matter what kind of trash can you use – rats can climb right up the side to get inside.  I’ve seen them.”  Jayaraman asked Starbuck executives to “be courageous and do the right thing.”  He noted that Capitol Hill investor Maurice Kreidler was part owner of the building Starbuck leases.  (Kreidler also who owns the building occupied by Starbucks at the 8th and Pennsylvania Avenue intersection as well as the former XOXO cleaners soon to the home of & Pizza, and the former site of Craze Burger which will soon become Michael Babin’s new Barracks Row restaurant.)  Jayaraman cited Kreidler’s cooperation with the ANC’s instituting best operating practices in the &Pizza location and urged Starbucks to seek Kreidler’s cooperation in pursuing indoor trash storage for the 3rd and Pennsylvania site.

Commissioner Jennifer Samolyk, in whose single member district the Starbucks resides, urged the ANC to give Starbucks the benefit of the doubt, pointing out that the Starbucks’ liquor license – if granted – would be back before the ANC next March, when all liquor licenses in ANC6B come up for renewal and “we can address the situation then if it hasn’t improved.”

In the end, that’s what happened as the ANC agreed to a motion by Samolyk that the Committee forward the request for a license to the full ANC for consideration without a recommendation.  In the meantime, she said, she would organize a meeting between Starbuck representatives and neighbors over the weekend in hopes they could find common ground before the ANC meeting.  The full ANC meets next Tuesday in Hill Center at 7:00pm.

The neighbors who had come tonight were disappointed, clearly hoping for something stronger.  One was heard to say regarding the Committees vote for taking no position and calling for a meeting with neighbors, “It doesn’t mean a thing.”   Another said as they left the room after the vote, “Democracy in action.”

Editorial:  I Was Embarrassed…

by Larry Janezich

I was embarrassed for the Capitol Hill community tonight at the turn out for the PSA 107 meeting.  Today this blog posted on a significant jump in violent crime in PSA 107 during the last 30 days and re-posted the notice of tonight’s PSA 107 meeting.  The resident turnout at tonight’s PSA meeting is seen in the photo above.  Two residents – both regulars – showed up for the PSA meeting with MPD District 1 Lt. Eddie Fowler at 7:00pm in Southeast Library.  This after Councilmember Charles Allen and MPD District 1 officials urged residents to get involved in addressing Capitol Hill crime issues by working though the PSAs and the ANCs.

Where were the representatives of ANC6B and its Constituent Outreach and Community Services Task Force?  (Most were at ANC6B’s Alcohol Beverage Control Committee scheduled at the same conflicting time.)  Where was the much-in-evidence-on-newhilleast-listserve “Citizens for a Safe Capitol Hill”?  Where were Hillnow.com, The Hill is Home, The Hill Rag, Barracks Row Mainstreet, EMCAC, MOTH, the PTA’s, the churches, Capitol Hill BID, Community Connections, Barracks Row business stakeholders and residents?  Where were the outraged listserv posters and the op ed writers? Hell, where were the Capitol Hill Restoration Society and the Capitol Hill Garden Club?  Don’t tell me they don’t have a stake in the community.

Community Policing is the most effective way to address crime in our community.  It’s not a situation where you show up at a meeting every couple of months and say, “I’ve done my part.”  This requires a sustained and committed effort.  Police Service Areas (PSAs) are the basis of Community Policing.  Community Policing doesn’t work unless residents and stakeholders show up at PSA meetings.  And if they show up, PSA meetings don’t work unless residents have lots of questions.  Questions demand answers and accountability.  If the answers are not satisfactory, residents have the power to change the MPD official in charge of the PSA.

As Joseph de Maistre said (often misattributed to Alexis de Tocqueville), “Every nation gets the government it deserves.”

Violent Crime on Capitol Hill Jumps In Past 30 Days

PSA 107 Meets Thursday Night – 7:00pm – S.E. Library

by Larry Janezich

Violent crime statistics in the heart of Capitol Hill  – the home of PSA 107 – jumped in the past 30 days over the previous 30 days.

The PSA saw an increase in violent crime to 15 incidents in the period from October 4 to November 3, up from 5 during the period from September 4 to October 3.

The PSA saw the biggest increase in robberies both with and without a gun, as the MPD crime maps below show.  In addition, there was an increase in assaults with and without a gun.

MPD District 1 also saw an increase in violent crime to 95 incidents during the period from October 4 to November 3, up from 66 during the period from September 4 to October 3.

The increase in violent crime was most evident in robberies with a gun: other categories seeing increases included homicides, sex abuse, and robberies excluding gun.  There was a slight decrease in assaults.

MPD District 1 has arrested at least two groups of individuals who they believe are responsible for many of the robberies.  Those individuals are reported to have come to Capitol Hill from MPD District Six.  City officials and citizens groups have both been increasingly active lately in seeking ways to address the crime issues.

The MPD crime map can be found here:  http://1.usa.gov/1MJBzSx

Community Connections Wants Part Time Primary Health Care Facility

And Some Surprising Facts About Community Connections

by Larry Janezich

Tuesday night, ANC6B’s Planning and Zoning Committee sent Community Connection’s (CC) request for support for a part time primary health care office in its operation to the full ANC for a final decision.  It appeared that the Committee was poised to give a qualified “no objection” to the plan, contingent upon CC’s continuing commitment to resolve some of the social and behavioral issues associated with some of their clients who linger near Eastern Market Metro Plaza before and after visiting the facility at 801 Pennsylvania Avenue, S.E.

CC representatives appeared before the committee Tuesday night to support their plan for the primary health care office to serve an estimated 5 – 9 of their current clients per day.  A Department of Health “Certificate of Need” is necessary, and CC is seeking ANC6B’s endorsement of the document.

Several members of the Planning and Zoning Committee said they were conflicted.  While recognizing the needs of CC’s clients for primary health care, they said they were concerned about a possible increase in client traffic that would contribute to the problems which have recently plagued the 8^th and Pennsylvania Avenue, S.E., intersection.  To those concerns the CC representatives say that the facility is at capacity now, that their client’s limited financial resources for transportation will discourage frequent use, and that the additional health service is not a lucrative one which would encourage expansion.

That intersection is home to a traffic hub with four nearby carryout food outlets, a mobile hotdog stand, a nearby 7-11, a singles-selling liquor store, and considerable public greenspace.  The crowd that occupies the setting is comprised of those waiting for public transportation, school students traversing the area, a population of homeless persons who sleep in doorways of businesses (including the Post Office), and a number of CC clients – probably fewer than 15.  Moving through the crowd is a constant stream of patrons of businesses and food and drink venues on Barracks Row.  This adds up, in the words of resident member and former Commissioner Ivan Frishberg, to “an unhealthy environment” that adversely affects both the community and the CC clients.  The worst behaviors include intoxication to the point of unconsciousness, drug use, public urination, at least one public sex act, panhandling – and drug dealing.

CC representatives say they are very aware of the issues which some of their clients bring to the neighborhood and are trying to resolve those issues and to deepen their engagement to the community.  To that end, CC is working with group of 8th and Pennsylvania Avenue stakeholders and CM Charles Allen as well as ANC6B.  (See here: http://bit.ly/1jQB0sR)

Commissioner Kirsten Oldenburg, Chair of ANC6B, in whose single member district CC resides, came down firmly in support of the Certificate of Need.  She termed the request for an endorsement “benign” while acknowledging the problems in the neighborhood.  Oldenberg said, “If we turn this down, I don’t think we’ve advanced dealing with the problems….and then what?”  And apparently in response to one resident who questioned whether CC should be in the community, she added “We don’t have the capacity to kick Community Connections out of their own building.”

In the end, the Committee voted to forward the question to the full ANC which meets next on Tuesday, November 10th, at Hill Center.  In the meantime, Oldenberg said she would draft a letter for the Commission to consider.  It appeared likely that the letter would say that the ANC has no objection to the Certificate of Need, but will note the number of issues associated with Community Connections that are of concern to the community as well as the expectations of the community with respect to CC’s continued participation in resolving these issues.

CC has – some believe – deliberately kept a low profile in the community which has contributed to a wide misunderstanding in the community about what they do.  CC is a mental health services provider funded in part by the city and one of the default providers of services following the deinstitutionalization of mental health care under the Reagan administration. Some of the points about Community Connections which were revealed or asserted by representatives last night include:

Community Connections is not a methadone clinic

They have upwards of 400 employees, the majority of which interact with clients off site in the clients’ homes, in doctors’ offices, or at Social Security offices:  60% of CC’s work takes place off site, 40% on site

More than 100 employees work at the 801 Pennsylvania Avenue location, including medical personnel, administrators, accountants, and property managers

Their clients come from across the city and are referred by the DC Department of Behavioral Health (at 64 New York Avenue, NE) which gives clients a choice of which mental health care provider they want to go to

Both Yes! and Baskin-Robbins are tenants of CC and occupy parts of the CC Building – which is owned by CC

The Eastern Market Community Advisory Committee (EMCAC) is conducting a market research study to learn the preferences of customers.  The results of the survey at circa 12 noon for Saturday, October 31 are as follows.

The Week Ahead … And the How, When, What, and Where of Eastern Market Shoppers

By Larry Janezich

The Week Ahead….

Monday, November 2

1. ANC 6C ABC Committee meets at 7:00pm, at Kaiser Permanente Capitol Hill Medical Center, 700 Second Street, N.E.

Among items on the agenda:

Sugar Factory, 50 Massachusetts Avenue, N.E.  – modification to Settlement Agreement

XO 15 K Street N.E., 237 2nd Street, N.W., Seeking new tavern liquor license(s).

Updates on Old Business:  Po Boy Jim’s (709 H Street N.E.), The Alibi (237 2nd Street, N.W.), Toscana Café (601 2nd Street, N.E.)

2. CHRS Historic Preservation Committee meets at 6:30pm, Kirby House, 420 10^th Street, S.E.

Tuesday, November 3

1. ANC6B Planning & Zoning Committee meets at 7:00 p.m., in the cafeteria at St. Coletta of Greater Washington, 1901 Independence Avenue, S.E.)

Among items on the agenda:

761 10th Street, S.E. – Request for a special exception of the Zoning Regulations to allow a two-story rear addition and a two-story garage addition to a row dwelling not meeting the zoning requirements for lot occupancy at 761 10th Street, S.E.

DOH Certificate of Need (for primary care facility), Community Connections, 801 Pennsylvania Avenue, S.E.

Rock ‘n Roll DC Marathon scheduled for Saturday, March 12, 2016.

PUD Subcommittee Report to the Planning & Zoning Committee

2. ANC6C Parks and Events Committee meets at 7:00pm, at Kaiser-Permanente Capitol Hill Medical Center, 700 2^nd Street, N.E.

Rock N Roll DC Marathon scheduled for Saturday, March 12, 2016.

Improving Public Transparency – Discussion of ways to keep the public better informed of the work of ANC 6C and its committees.  [

Wednesday, November 4

1. ANC6B Transportation Committee meets at 7:00 p.m., Hill Center.

On the agenda:

Virginia Avenue SE Streetscape, CSX Virginia Avenue Tunnel project, Special Public Space Committee hearing—November 12, 2015

2. ANC 6C Planning, Zoning, and Economic Development Committee meets at 7:00 pm at Capitol Hill Medical Center/Kaiser Permanente 700 Second Street, N.E.

Among items on the agenda:

400 K Street, N.E. – Revised application of Tiblez Adal for a variance from the nonconforming structure requirements to allow a substantially-completed two story carriage house to be adaptively restored as an artist studio.

301 Florida Avenue N.E. – Informational presentation by 301 Florida Manager LLC on its application for the consolidated review and approval of a Planned Unit Development (“PUD”) and related zoning map amendment to rezone the property from the C-M-1 District to the C-3-C District. Applicant proposes to raze the existing building to build a mixed-use building composed of retail and residential uses. The project will have a density of 7.57 floor area ratio, will include a total of approximately 66,010 square feet of gross floor area, and will have a building height of 101 feet (eight stories).

Thursday, November 8

1. ANC6B Alcohol Beverage Control Committee meets at 7:00pm, Hill Center.

Among items on the agenda:

L Street Market, 7th & L Streets, S.E., Settlement Agreement Revision (change of Sunday closing from 7:00 pm to 9:00pm).

Café 8, 424 8th Street, S.E., Settlement Agreement Revision (change in operation/sales & consumption hours)’

Starbucks Coffee, 237 Pennsylvania Avenue, S.E., new Retailer’s Class “D” Restaurant license (beer and wine).

Bullfrog Bagels, 317 7th Street, S.E’, new Retailer’s Class “C” Restaurant license.

2. ANC6C Transportation and Public Space Committee meets at Kaiser Permanente, 700 2nd Street, N.E.

Among items on the agenda:

D3 Bus Route Removal – WMATA is planning to remove the D3 bus route, which runs from Ivy City down West Virginia Avenue to K Street, then along K Street to Farragut North and then to Dupont Circle. A representative from WMATA will be on hand to discuss ridership and feedback from the public comment period, and to hear from community members.

NoMa Underpass, M Street, N.E. – art installation.  Public space occupancy permit for art installation under the train tracks at M Street, N.E., by the south entrance of the NoMa Metro station.

6th & H Street Bar and Grill – application for enclosed sidewalk café.   Plans include tables and chairs with umbrellas, fenced enclosure, no awning or cover. PENDING CONFIRMATION FROM APPLICANT.

1200 block of 4^th Street, N.E. – Planned Parenthood construction in public space application.  Planned Parenthood is redeveloping the warehouse next to Two Rivers Charter School and will be presenting their project and public space elements of the new facility.

3. PSA 107 meets at 7:00pm in Southeast Library, lower level.
4. Friends of Southeast Library meets at 5:30pm in Southeast Library, lower level.

Saturday, November 7

1. Capitol Hill Art League Annual Small Works Art Sale: “Good Things Come in Small Packages” opens, 3–7pm at CHAW, 545 7th Street, S.E.

“Shoppers and art enthusiasts will find unique, one of a kind pieces – pottery, glass, wall art, photographs, original notecards, and craft items. Hundreds of pieces of art will be offered in an easy-to-view display space. Customers who purchase art are offered free wrapping services so a gift purchase is ready to present.”

For more information and the CHAW hours of operation, contact CHAW at 202-247-6839 or www.chaw.org

The Capitol Hill Arts Workshop (CHAW) is a community-based, not-for-profit arts organization founded in 1972. The CHAW facility includes a dance studio, visual arts studio, Black Box Theater, art gallery, complete ceramics/pottery studio, a photography darkroom (the only “open” darkroom in D.C.), and private music instruction studios. CHAW representatives will be present to provide information on their art programs for children and adults.  Website: www.Caphillartleague.org

Hine Coalition Files Freedom of Information Act Request for ANC6B Documents

Large Loophole in Act Will Protect Many Documents

by Larry Janezich

Members of the Hine Coalition – a group of Capitol Hill residents who sought to have the Zoning Commission’s approval of the Hine Project overturned – have filed a Freedom of Information Act Request, seeking emails and documents related to ANC6B’s consideration of the Hine Project.

Between 2011 and 2013 ANC6B was actively considering and/or voting on matters related to the Hine project.  Since then, while there has been no Hine business before the ANC, the Hine Coalition unsuccessfully appealed the Zoning Commission’s decision through the courts.

ANC6B held a “Special Call” meeting on Wednesday night to discuss the FOIA.  Present at the meeting in an advisory capacity was Gottlieb Simon, Executive Director of DC’s Office of Advisory Neighborhood Commissions.

Prior to the meeting, Simon told CHC that FOIAs are being filed for ANC documents across the city with increasing frequency.  Typically, he said, a FOIA does not result in benefit for the requestors.  This could be because of a very large loophole in the Freedom of Information Act called the “deliberative process exemption.”  The provision essentially allows government agencies to withhold from disclosure anything that would have a chilling effect on deliberations among members or staff of an agency (including the ANC), or between two government agencies.  The exemption would not appear to apply to emails or documents between the ANC (or individual commissioners) and the developer (Stanton-Eastbanc) or other individuals.  The language of the DC FOIA exemption is identical to that in federal law and reads as follows:

(4) Inter-agency or intra-agency memorandums or letters, including memorandums or letters generated or received by the staff or members of the Council, which would not be available by law to a party other than a public body in litigation with the public body.  A complete list of exemptions can be found here: http://bit.ly/1KKPQXz

When the special call meeting convened on Wednesday night, ANC6B Chair Kirsten Oldenburg – who has been one of the strongest supporters of the Hine redevelopment – characterized the request as “a very broad request for emails and documents from January 2011 to the present … to my mind, a bit vague.”  Several of those named in the request have left the commission, having not sought re-election.

Simon said he had contacted the requesters and asked them to narrow their request, but to date had received no response.  He added that he thought his additional comments would better be conveyed in executive session.  The ANCs can go into executive session – which means excluding outsiders – only to discuss personnel and legal matters.

With that, Oldenburg declared that the meeting was in executive session and everyone except the commissioners and Simon left the room.

Chair Oldenburg subsequently told CHC, “While the ANC took no formal action at the meeting, there was a definite consensus among the Commissioners present that we fully accept our responsibilities to fulfill our obligations under the Freedom of Information Act.”

A copy of the FOIA request follows:

To: Kirsten Oldenburg, ANC6B Chair

October 19, 2015

Cc: Hine Coalition

Subject: FOIA Request – ANC6B

Dear Chair Oldenberg:

This Freedom of Information Act request for information is made pursuant to the District

of Columbia Freedom of Information Act, DC Official Code §§ 2-531 et seq., on behalf

of the Hine Coalition. We request a waiver of any fees associated with this request,

because the information requested is primarily for the benefit of the general public. See

D.C. Code § 2-532(b). In addition, we request that materials produced in response to this

request be in electronic format such as a PDF file or another Miscrosoft Windows

compatible file, where such files exist, and otherwise in hard copy. We also request prior

notice to production if any costs will be charged to us.

We request the following records:

1. All emails from January 2011 to the present time sent or received from

ANC6B, but not limited to Kirsten Oldenburg, Brian Pate, Ivan

Frishberg, , Kennan Jarboe, Norm Metzger and all ANC

commissioners in office at the time period, related to the terms “Hine Junior High

School,” “Hine School Development,” “Hine PUD,” “DMPED,” “Deputy Mayor for

Planning and Economic Development,” “Stanton-EastBanc, LLC,” “SEB,” “EastBanc,”

“EB,” HPRB, or “Historic Preservation Review Board” in the subject or body of the

mail. This includes all emails from January 2011 to the present time sent or received

from ANC6B to or from Hine School Development, Hine PUD, DMPED, Deputy Mayor

for Planning and Economic Development, Steve Hagedorn, Stanton-EastBanc, LLC,

SEB, EastBanc, EB, Historic Preservation Board, HPRB, the Office of Councilmember

Tommy Wells, or the Executive Office of the Mayor. We are requesting all emails,

whether they were sent on ANC or non-ANC accounts.

2. All documents, whether electronic or non-electronic, that mention the Hine

Junior High School, Hine School Development, Hine PUD, Stanton-EastBanc, LLC,

SEB, EastBanc, EB, HPRB, DMPED, or the Executive Office of the Mayor.

The Hine Coalition is submitting this FOIA request in the interest of government

transparency. If this request requires any clarification, please do not hesitate to

contact me.

Sincerely,

Marcella M. Hilt

For the Members of the Hine Coalition

Analysts Tell Hill East Any New Stadium Would Come at Expense of City Needs

NPS’ Peter May Cites Legal/Financial Hurdles

by Larry Janezich

Representatives of the DC Fiscal Policy Institute (DFPI) told ANC6B’s Hill East Task Force a new stadium at RFK would come at the expense of the city’s schools, transportation, affordable housing and health care.   The group is a private advocacy organization that conducts research and public education on budget and tax issues in the District of Columbia, with a particular emphasis on issues that affect low and moderate income residents.  Executive Director Ed Lazere and Policy Analyst Wes Rivers responded to an invitation to address Hill East residents.

Rivers told the Task Force that the oft-touted associated economic benefits supposedly accruing from building a stadium in the city are not borne out by “study after study” which shows that there is “zero impact on jobs and income for the cities that invest in stadiums.”

Lazere stressed the opportunity costs which come with any city subsidization of a new stadium, saying, “If the goal is economic development, don’t spend money on a stadium.  Every dollar put into a stadium is a dollar that could go somewhere else. “

So, why do cities build stadiums?

Rivers said that stadiums are built because people buy into the argument that stadiums create economic development, because politicians like to “snag” sports teams and have big buildings to point to as a tangible accomplishment, and because team owners are adept at playing off one locale against another (if not for the actual siting, then for cutting a deal most favorable to the owner).

During Q&A, former ANC Commissioner Francis Campbell wondered whether a renewed lease could somehow be used to leverage development of Reservation 13 (here after referred to as Hill East Waterfront).  Lazere replied that big stadium deals are with big corporations in the business of making money, and it is hard to negotiate much.  Lazere then turned to NPS official Peter May who was in the audience and asked if he would like to comment.

May, who said that he was there to hear the presentation rather than answer questions, none the less explained the NPS lease of the RFK site, saying that Congress directed the Secretary of the Interior to enter into a 30 50 year lease with DC for the site in 1988.  May, as Associate Regional Director for Lands, Planning and Design for the National Capital Region, is responsible for administering the lease.  The lease allows use of the land for a stadium, parking, recreation, and related uses.  He said any change in the use of the land would require an Environmental Impact Statement.  “The real rub,” he said, “is that the lease only runs until 2038 – not long enough to allow financing, either by the city or a private entity.**  Proceeding with a plan for a new stadium is not practical without renewal of the lease…that would require an act of Congress.”

May noted that when the Mayor requested the Secretary of the Interior to support legislation extending the lease, his boss – Robert A. Vogel, regional director of the Park Service – told Bowser on behalf of the Secretary that “NPS will not take a position in support of such an extension at this time.”  It has been widely reported that the Park Service – which also oversees treaty relationships with the nation’s Native American tribes – will not consider a lease renewal while the Washington football team bears its current name.

That knowledge prompted ANC6B Commissioner Brian Flahaven to express his concern that team owner Dan Snyder would concede to a name change which would clear the way for the lease being renewed.  (The Washington Post has reported that renewing the lease is unlikely to be an administration priority in the remaining months of the Obama administration.)

The DFPI team told the Hill East residents that if a stadium becomes inevitable, the community should organize to insist on a community benefits package (similar to what developers provide to communities in exchange for zoning changes) and this involvement should begin and be maintained throughout the process before a deal is on the table when it’s harder to bring up opportunity costs.  The city has not been aggressive in wringing concessions from team owners, leaving it to residents to bring community pressure for benefits.  Rivers said that the past two stadium deals have not resulted in any economic benefit package for the community.

Snyder is anxious to move out of the problematic FedEx Field when his lease expires in 2026, and both Maryland and Virginia are trying to woo Snyder for siting the team in those states.

**Ed. Note.  Presumably, financiers would want to see guaranteed occupancy in a new stadium for the length of time sufficient to repay the loan.  As was apparent in the recent case of the proposed development of the Boys and Girls Club in Hill East, the 25 year lease the Department of General Services offered to developers effectively precluded private financing and pre-determined that the project would have to depend on LIHTC – Low Income Housing Tax Credit financing.

The Week Ahead… And Residents Organize to Address Crime on Capitol Hill

by Larry Janezich

More than fifty Capitol Hill residents met Sunday afternoon at Bayou Bakery to discuss what they could do independent of government to address crime in the neighborhood.  The organizing effort came after a weeklong thread of discussion of crime on the newhilleast listserv and growing alarm by residents at a string of robberies and shootings.  Related to these concerns, MPD believes that earlier this week they apprehended a group responsible for many of the robberies.

The organization – called “Citizens for a Safe Capitol Hill – was the brainchild of Hill resident Sarah Stumbergs, who said that 200 people had responded to a solicitation to assess the interest in signing on to the initiative.

At the initial meeting, which was attended by Ward 6 representative from the Mayor’s office Seth Shapiro as well as ANC Commissioners Chander Jayaraman and Daniel Chao, residents discussed the various problems, brainstormed ideas for action, and were asked to commit to teams organized to take specific actions.   One of the group’s top priorities is to facilitate communication among members of the group and target venues where the group can voice its concerns.  One attendee spoke of the importance of making sure the group was representative of the neighborhood and stressed the effectiveness of a diversity of perspective.  Following is the link for signing up with Citizens for a Safe Capitol Hill:  http://goo.gl/forms/1p7xTXpCrJ

The Week Ahead….

Monday, October 26

ANC 6A Community Outreach Committee meets at 7:00pm, Maury Elementary School, Multi-Purpose Room, 1250 Constitution Avenue, NE (Enter from 13th Street).

Among items on the agenda:

ANC 6A Grant Application and Instructions – Review for Community and Organizations

Grant Outreach

Tuesday, October 27

1. ANC 6B’s Executive Committee meets at 6:30pm at Hill Center to set the agenda for the November meeting of ANC6B.
2. Community Meeting on Public Safety, hosted by CM Charles Allen at 7:00pm, Friendship/Chamberlain Public Charter School, 1345 Potomac Avenue, SE. Deputy Mayor of Public Safety Kevin Donahue and Chief of Police Cathy Lanier will attend.

Wednesday, October 28

1. ANC6B Hill East Task Force meets at 7:00pm at St. Coletta of Greater Washington (1901 Independence Ave SE). The task force will discuss the future of the RFK Stadium site and hear a presentation from Ed Lazere, executive director of the DC Fiscal Policy Institute.
2. ANC6B will hold a Special Call Meeting at c. 8:30pm at St. Coletta of Greater Washington, immediately following the Hill East Task Force Meeting above to discuss the commission’s response to the Freedom of Information Act request submitted by the Hine Coalition .

The agenda includes:

Overview of the Hine Coalition Freedom of Information Act Request

Discussion of ANC 6B Response Plan

Funding for Technical Assistance

Friday, October 30

The Corner Store at 900 South Carolina will host the opening of an exhibit by French artist Beatrice de Chevron Villette from 6:00pm – 8:00pm.