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Parliamentarian Brian Flahaven (standing at left) is forced to remove resident member voting provision in order to save ANC By-Laws Revision. Standing at right is Commissioner Garrison, with Commissioner Oldenburg between them. Commissioner Metzger is seated.

ANC6B Backs Away From Reforming Its By-Laws: Commissioners Retain Power – Community Representatives Still Limited – Revised

by Larry Janezich

Monday night, ANC6B’s efforts at By-Law Reform stalled when the Commission failed to adopt a key provision.

The proposal would have more actively engaged the community by giving all resident members of committees a vote on questions coming before the committee.  Currently, the resident members may vote only if the commissioner from their single member district is not present, or when the question concerns a matter in their single member district.  Resident commissioners have only recently been installed in ANC6B, part of the initial round of reforms and compliance with By-Law requirements adopted by the ANC in 2011 when a number of reform candidates were elected.  A motion to strike the provision by Commissioner Garrison failed on a 4-4 vote, with Commissioners Garrison, Oldenburg, Metzger, and Green voting to strike it.  Voting in support of extending the right to vote were Chair Critchfield, Parliamentarian Flahaven, and Commissioners Pate and Campbell.  Commissioners Glick and Frishberg were absent.

Revision of the By-Laws requires approval of seven commissioners, although proposed amendments only require a majority of those present and voting.  At the beginning of the meeting, Commissioner Garrison had warned that “for me and others, there are a couple of provisions that are deal breakers.”  He went on to say that although there was much in the proposed streamlining of the By-Laws he approved of, he would vote against the entire package at the end if the provisions he objected to remained.  Even if both absent Commissioners had been present and had voted for the resident member’s voting provision, there would not have been enough votes for final passage if the 4-4 vote indicated the final strength of the provision’s opponents.

Faced with losing months of work on the consolidation and streamlining of the By-Laws, Flahaven called for a recess prior to the vote on final passage.  When the Commission reconvened, Flahaven moved to strike the language providing a committee vote for resident members.  That motion was agreed to, 6-2, with Parliamentarian Flahaven and Commissioners Campbell, Green, Metzger, Oldenburg, and Garrison voting aye.  Chair Critchfield and Commissioner Pate opposed.

Prior to the vote, Commissioner Pate said of the opponents of resident member voting that it was “poor form to oppose the whole set of By-Law reforms in order to muscle this amendment on resident voting through.”  He called the opposition to the amendment giving them a vote in committee “shortsighted, myopic, and a position that cuts against the grain of progress.”

Stripped of the provisions, the By-Laws were adopted by a vote of 7-0, with Commissioner Green voting in the negative.  During the meeting, she had pressed for stronger and more specific language regarding compliance with the regulations of DC Code.  Three of the commissioners voting against reform last night have previously been found in violation of the By-Laws by this ANC: Commissioners Garrison, Metzger, and Oldenberg.

The Week Ahead….

by Larry Janezich

Monday, September 17

ANC 6B Bylaws Special Call Meeting, 7pm – 9pm, Brent Elementary School, 301 North Carolina Avenue, SE, to consider revised bylaws and proposed standing rules.

Why should you care?  Brian Flahaven, ANC6B Parliamentarian, is trying to make it easier for young professional with families to serve on the ANC, in addition to revising the confusing and contradictory ANC6B bylaws.  He will likely meet resistance from Commissioners Garrison and Oldenburg.  This would seem to be an important meeting for all serious ANCB candidates to attend.  So far this month, Randy Steer, candidate for retiring Commissioner Norm Metzger’s seat, has attended the September ANC meeting, Steve Holtzman, challenging Commissioner Brian Pate, has attended the ANC6B Planning and Zoning Committee meeting, and Philip Peisch, also a candidate for Metzger’s seat, attended the ABC meeting (he’s a resident member of the committee) as well as the September ANC6B meeting.   

Tuesday, September 18

CHRS Board of Directors meets at 6:30 pm, Capitol Hill Townhomes.  The meeting is open to CHRS members – and possibly, members of the press. 

Why should you care?  I’ve been attending theses meetings for more than ten years, and members of the Society never attend.  Maybe they should.  CHRS totally went in the tank on the Hine Development and cited their representation of the thousand-members of the Capitol Hill community to endorse Stanton-Eastbanc’s controversial concept design for the Hine project.

Saturday, September 22

Barracks Row Fall Festival, 11am – 5pm, 500 – 700 block of 8^th Street, SE.

Why should you care?  Beats me.  If you go, pay attention to the signs advertising the sponsors of the event.  Last year, CSX – who is about to wreak havoc on the quality of life on lower 8^th Street and the south side of the freeway on Capitol Hill – was a major sponsor.  Bet they will be this year too.

The Week Ahead……

by Larry Janezich

Monday, September 10

Planning and Zoning Commission meets and is expected to announce what changes – if any – it will require developers to make to the Hine project in order to re-zone the site for greater mass and density.  6:30pm at One Judiciary Square, 441 4th Street, NW.  There are nine cases on the agenda and it is unclear where the Hine case will fall.  The meeting will be available by live webcast.  Access by clicking the appropriate link located near the end of the list on the right side of the page found at:  http://dcoz.dc.gov/services/zoning/commish.shtm

Tuesday, September 11

ANC 6B September Meeting at 7:00pm, Hill Center.

Issues to watch:

Liquor and entertainment license for Ambar (Balkan Concepts, LLC), 523 8th Street SE;

Letter to Deputy Mayor for Planning and Economic Development regarding the closure of the 300 block of 7^th Street, SE, during construction of the Hine development;

Consideration of a resolution on extension of the Performance Based Parking north of Pennsylvania Avenue.

Thursday, September 13

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

Saturday, September 15

H Street Festival, 11:00am – 5:00pm, 800-1300 blocks of H Street, NE

Architect’s Rendering of Ambar’s First Floor

Balkan Cuisine Coming to Barracks Row – Jordan’s 8 To Become Ambar

by Larry Janezich

Ivan Iricanin, one of acclaimed chef and international restaurateur Richard Sandoval’s partners in two 14th Street restaurants – El Centro and Masa 14 – expects to open Ambar on Barracks Row this fall – perhaps by November.  The restaurant will serve Balkan cuisine, focusing on dishes from the owner’s native Serbia.  The name “Ambar” refers to the bin where corn is stored after harvest in Serbia, and according to Iricanin, is part of every Serbian household.   Iricanin has leased the 3,000 foot space at 523 8^th Street, 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 appeared before ANC6B Commissioner Carol Green’s ABC Committee last Thursday to seek the Committee’s endorsement for a liquor and entertainment license for the new restaurant.   It was the latter that caused the most concern among commissioners and nearby residents.  The applicant offered assurances that the entertainment would be limited to creating a “vibe” to enhance the dining experience and not for dancing.  He envisions strolling musicians and occasionally, a DJ.

The ANC voted 8-0 to take no position in referring the matter to the full ANC6B meeting for consideration on Tuesday, September 11.  Iricanin agreed to work with ABC Committee Chair Green on a voluntary agreement limiting potential problems foreseen by commissioners and nearby neighbors before the Tuesday meeting.  Although the DC Alcohol Beverage Review Board will have the last word, it is charged with giving “great weight” to the recommendation of the ANCs in issuing liquor licenses.

New Weekend Parking Restrictions Near Eastern Market On the Way – ANC6B Set to Expand Performance Parking Program North of Pennsylvania Avenue –

by Larry Janezich

Wednesday night, ANC6B’s Transportation Committee voted unanimously to recommend to the full ANC6B that the Commission request that the Department of Transportation expand the Performance Parking Program north of Pennsylvania Avenue, up to but not including East Capitol Street.  The affected area would extend to South Capitol on the west and to 11^th Street on the east.

The purpose of the program is to protect parking for residents who find it increasingly difficult to park near their homes as more traffic is drawn to areas around the Capitol Building and Eastern Market.

The Transportation Committee recommended that the full ANC request that one side of each block retain the existing Residential Permit Parking allowing two hour parking for non-residents of Ward 6.  The other side of the block would be designated Resident Parking Only, Monday through Saturday, from 7:00am until 8:30pm.  At the request of Commissioner Ivan Frishberg, a special zone around Eastern Market bounded roughly by 5^th Street, 8^th Street (both sides), East Capitol, and Pennsylvania Avenue would extend the Resident Only restrictions to 7:00am – 8:30pm seven days a week.

Each household would receive an annual reusable hard copy parking permit to accommodate non-resident parkers.  The ensuing so-called “dinner party problem” for households expecting more than one non-Zone 6 car would be addressed by the householder making a trip to the MPD Substation at 500 E Street, SE, and picking up as many one day passes as needed.  It would not be necessary to provide tag numbers for each vehicle.

According to DDOT, once the request is formally submitted by ANC6B, it could take as little as three months to implement.  Experience south of Pennsylvania Avenue has taught that it could take longer.

One community benefit which will result from extension of the program is access to around $1 million in parking revenues which the city makes available to Performance Parking areas for non-automotive transportation projects.  Some examples include bike racks, trash compacters, landscaping and the proposed Metro Plaza Info Hub.  Proposals for funding can go to DOT through an ANC Commissioner or directly to the Department of Transportation.

ANC6B will take up the Transportation Committee recommendation at its September 11^th meeting next Tuesday at 7:00pm at Hill Center.

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.