Category Archives: Uncategorized

ANC 6B Set to Consider Eastern Flea Market Next Tuesday – Planning and Zoning Committee Rejects Compromise Language

by Larry Janezich

Last night, ANC6B’s Planning and Zoning Committee rejected a compromise resolution supporting the weekend closure of the 300 block of 7^th Street explicitly for the current flea market operators (Michael Berman and Carole Wright) during the construction of the Hine project.  The resolution made relocation of the markets to 7^th Street contingent on a contract with the Department of General Services (DGS) and provided that revenue accruing to the city from the contract will go to support Eastern Market.  The vote was 3 to 5, with Commissioners Pate, Frishberg, and Flahaven voting aye.  Commissioners Oldenburg, Garrison, Metzger, Green, and Critchfield voted nay.

The language was an attempt to resolve the struggle over control of the weekend flea markets.  EMCAC, the oversight board for Eastern Market, has long eyed the tens of thousands of dollars vendors pay flea market operators as a source of operating funds for the perpetually cash-strapped Eastern Market.  On the other hand, the current flea market operators do not want to lose control of their lucrative source of income from their businesses by being forced to play a subsidiary role in the management of the flea markets.  EMCAC has supported closing the street for the weekend flea markets by mayoral order which would put the vendors under DGS and the Eastern Market manager; the flea market managers have requested that the street be closed via a special event permit, placing the flea markets under their control.

Commissioner Brian Pate crafted the compromise language on Monday and unveiled it at Tuesday night’s meeting.  It differed substantially from proposed language circulated by Commissioner Frishberg on Sunday.  That earlier language recommended the closure of the block by mayoral order during the construction phase of the Hine project – and possibly afterward – as a market place for vending.  The Frishberg draft resolution stated, “Such market activities should be coordinated with the management of Eastern Market and should contribute to the financial security of the market.”  It also requested closure of the street until the mayor’s order is amended or ended, thus providing for closure to continue after construction is complete.  It would have put the block and the market operations under the Department of General Services (DGS) and its manager for the Eastern Market, but did not specifically refer to a role for the current flea market operators.  The difference between the two resolutions seemed primarily one of defining a role for the current flea market operators, Berman and Wright and laying out some of the contractual conditions.

Judging from comments of the commissioners who attended the Planning and Zoning meeting, the Frishberg language might have passed.  Since Sunday, however, it appears that Pate, cognizant both of the grassroots support for the flea market operators and of EMCAC’s appeal to guarantee the long-term sustainability of Eastern Market, drafted the new language in an attempt to protect the two market managers while ensuring that Eastern Market benefits from the relocated operation.  At Tuesday night’s meeting, the new language received the tacit endorsement of flea market operator Michael Berman.  EMCAC Chair Donna Scheeder stated that the Eastern Market manager and DGS are prepared to extend their responsibility to the 300 block of 7^th Street.  The several commissioners opposed were not so ready to jump aboard the train, and cited their unhappiness with specifying the two flea market operators and the inclusion of language detailing the nature of the potential contract with DGS as reasons for their opposition.  Critchfield cited technical rather than substantive reasons for his opposition.  The position of absent ANC commissioners Campbell and Glick on the language is not known.

Frishberg supported the new language saying that “the city has exhibited no leadership on this” and noted “there hasn’t been anything out of the Wilson Building.  I don’t see any leadership on Eastern Market at all – I see the opposite.”

Councilmember Wells’ legislation to provide a new Eastern Market managing structure and to consolidate the weekend flea markets under control of Eastern Market remains in limbo.  Last night, Pate said it was his opinion that the bill was “stagnated, if not dead and politicized as part of the future mayoral race.  In my opinion, the there’s not a chance of an ice cube in Hades” the bill will become law.

Asked subsequently to assess the prospects for the legislation, Wells said on August 27, “The Gray administration has not stated an intention to end managing the market.  Most agree that DGS (Department of General Services) through Barry Margeson is doing a good job.  I am setting up a meeting with the Mayor and DGS to determine if the city wishes to continue to manage the market for the foreseeable future.  This will determine the need and timing of the legislation, which I believe is the best solution in the long run for preserving Eastern Market.”

Asked whether he had stated support for either of the two competing options, Wells replied, “I could support either petitioning the Mayor to close lower 7th or applying for a special permit.  Both have pluses and minuses.”  He added, “I believe DGS should be responsible for the flea markets operating on 7th since it is an ongoing activity and DGS has experience in property management.”

Steve Holtzman, Pate’s ANC 6B opponent in the fall election and community representative on the Hine Subcommittee Open Space Task Force said, “The closure of the 300 block of 7th Street seems the only viable option to permit the flea markets to survive during the construction period on Hine, so I’m supportive of the objective of the proposed ANC resolution. That being said, some of the language needs more clarification, for example, on the manner in which the flea markets are anticipated to provide revenue to Eastern Market.”

The defeated resolution will now go to the full ANC as part of the committee report.  It will be taken up at ANC 6B’s September meeting and undergo the regular amendment process in hopes a new compromise can be reached.  The meeting will be held 7:00pm on Tuesday, September 11, at Hill Center.

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*

Three ANC6B Commissioners Will Not Seek Re-election – Filing Deadline is August 8

by Larry Janezich

At least three ANC6B Commissioners will not seek re-election this fall:  Commissioners Neil Glick, Carol Green, and Norm Metzger have all announced they will not be candidates in the November election.

Three candidates are seeking Metzger’s 6B03 seat, including James M. Loots, 634 G Street, SE; Philip Peisch, 506 G Street, SE; and Randy Steer, 535 7th Street, SE.

Chander Jayaraman, 1436 Independence Avenue, SE, is the only candidate currently registered to run for Glick’s 6B08 seat.

So far, no one has registered for candidacy Carol Green’s SMD, 6B07.

Commissioner and ANC6B Chair Jared Critchfield has not yet filed for candidacy and is undecided about running, but two 6B06 residents are seeking Critchfield’s  seat –  Chris Harlow, 1306 Pennsylvania Avenue, SE #202 and Nichole Opkins, 542 14th Street, SE.

The deadline for filing for candidacy is Wednesday, August 8, and additional candidates could emerge.

Commissioners Dave Garrison 6B01, Ivan Frishberg, 6B02, Kirsten Oldenburg 6B04, Brian Pate, 6B05; Brian Flahaven, 6B09; and Francis Campbell, 6B10 are all seeking additional 2 year terms on the Commission.

ANC6B has ten seats, each representing a single member district (SMD).  The new SMDs for ANC6B governing the November election can be found here: www.ancdc.us

The Advisory Neighborhood Commissions consider a wide range of policies and programs affecting their neighborhoods, including traffic, parking, recreation, street improvements, liquor licenses, zoning, economic development, police protection, sanitation and trash collection, and the District’s annual budget.

In each of these areas, the intent of the ANC process is to ensure input from an advisory board that is made up of the residents of the neighborhoods that are directly affected by government action.  The ANCs present their positions and recommendations on issues to various District government agencies, the Executive Branch, and the Council.

Nothing this week.

The Week Ahead….

by Larry Janezich

July 17, Tuesday

ANC6B Bylaws Review Working Group meets, 6:30pm – 8:30pm, Hill Center, to continue review of ANC6B Bylaws and proposed standing rules.

July 17, Tuesday,

CHRS Board of Directors meets at 6:30pm, Capitol Hill townhomes

Note:

The filing deadline for those who seek to run for one of the ten ANC6B Commission seats is (corrected to August 8).  Those who have filed as of last Thursday are as follows:

6B01Dave Garrison *

6B02 Ivan Frishberg*

6B03 Philip Peisch

6B03 James M. Loots

6B03 Randy Steer

6B04 Kirsten Oldenburg*

*incumbent