Category Archives: Uncategorized

CHRS Contract Anticipates Expansion of Capitol Hill Historic District and New Historic Districts

by Larry Janezich

Last Tuesday, Donna Hanousek, Chair of the Restoration Society’s “Beyond the Boundaries” Committee, reported to the CHRS Board that the Society has engaged EHT Traceries, the architectural history firm, to make a “context study” of the area outside of the Capitol Hill Historic District, south of H Street, NE, and east of 13th Street, NE and SE, down to the Anacostia River.  The cost of the project is $25,000 and is expected to be completed by June 30, 2012.

This “context study” is the last step necessary to complete the CHRS “Beyond the Boundaries” project which “seeks to promote the appreciation of neighborhood history and support historic preservation efforts outside the boundaries of the Capitol Hill Historic District.”  Volunteers completed a survey of the area in 2010, compiling a huge amount of information including pictures and descriptions of every building in over 100 square blocks.  Traceries will pull together the cultural, demographic, religious, etc., data to document how neighborhoods within the area came about.  This information will strengthen the case for historic district status for neighborhoods identified by Traceries earlier this year as potentially eligible for historic status. 

Pursuing historic district status requires submitting extensive documentation to the Historic Preservation Review Board (HPRB) and is done through an ANC, either on its own behalf or on behalf of a civic or neighborhood organization. The context study will serve as the basis for the required documentation if an ANC or civic organization pursues historic district status in the future.  ANC6A has recently started exploring the feasibility of  historic district status for some areas within its boundaries.    

Seeking historic status for a neighborhood is not without controversy.  A majority of those within a neighborhood must support historic status for that area.  In 2010, the Barney Circle neighborhood seemed well on its way to becoming a historic district.  This became a campaign issue in ANC6B09, and when Brian Flahaven – who opposed historic district status for Barney Circle – was elected Commissioner by a large margin last November, the historic district nomination was put on indefinite hold by the HPRB.  Many newer Capitol Hill residents oppose the greater restrictions and bureaucracy involved in making home improvements that come with historic status.  In addition, there are larger issues of gentrification and diversity which accompany expanding or creating a historic district.

Catholic University Student's Mutatio Design Was Initially Selected For the Eastern Market Metro Info Hub

The Yellow Rectangle Shows The Future Location of the Infor Hub

New Concept Design for Eastern Market Metro Info Hub

Info Hub for Eastern Market Metro Plaza Suffers Design Change – Revision Comes at the Expense of Dramatic Roofline

by Larry Janezich

At last Tuesday night’s Restoration Society Board Meeting, Board member Chuck Burger told his colleagues that the design of the Info Hub scheduled to be constructed on EM Metro Plaza would be altered because of budget, flexibility, and movability issues.  Burger also represents the ad hoc group of “Sign Tigers” which conceived of an information kiosk on the Plaza to promote food and retail services and the historic district.  The group, with others, convinced the Department of Transportation to fund the project with funding provided to the community through the Performance Parking Plan.

Catholic University Architectural School was enlisted to hold a student design competition for the project and earlier this spring, a design was selected from 28 entries and a winner announced.  (See emmcablog, March 16, 2011).

In addition to a cost limitation, a design requirement which had to be met was movability.  Burger said that a closer examination of the design showed that it was more difficult to move than previously thought and that construction would exceed the $180,000 budget.  Burger also said that proponents realized that by eliminating the swooping roofline and flattening the roof, they could gain 180 square feet of useable floor space.  Burger said, “[t]he foot print will be the same but the space will be used better.“  The new roof, according the Burger, will reflect the “theme and curve” of the canopy over the Metro.  In addition, a grass roof is being considered to add to the “greenness” of the project.

In addition to the $180,000 for the info hub, DOT is expected to provide an additional $100,000 from the Performance Parking Fund for landscaping the Plaza, a project being pushed by ANC6B Commissioner Ivan Frishberg.  The plan anticipates what Burger called “landscape rehabilitation” for the Plaza, with $25,000 of the amount being used for a Plaza irrigation system.  The balance would be used for relocation of the bike racks closer to the Info Hub, establishment of a rain garden, framing in the planting beds to keep out foot traffic, construction of walls and seating, and plantings.  . 

The kiosk will be staffed by volunteers.  Its annual operating budget of up to $15,000 will come from a foundation which has been set up by CHAMPS – the Capitol Hill Chamber of Commerce.

Burger anticipates a November date for the launch of campaign to raise $50,000 in pledges over three years to guarantee the annual operating funds  – a stipulation insisted on by the city before the project can move forward.

Wrap Up of Last Week’s ANC6B Meeting

by Larry Janezich

In addition to creating a Subcommittee including residents to shepherd the Hine development as reported on emmcablog October 12, ANC6B took the following actions at its Tuesday night meeting last week. 

Hill Center

Chair Neil Glick announced ANC6B has moved into Hill Center and the November ANC6B meeting will occur there. 

Redistricting

ANC6B Passed a Resolution urging Councilmember Wells and the City Council to enact an ANC redistricting plan that maintains East Capitol Street as the boundary between ANC6B and ANC6C and reflects a (status quo) division of 6B’s single member districts.  Commissioner Ivan Frishberg commented during the discussion that it is his belief that the final decision is “still very much in play.” 

The resolution passed 8 – 0, with Chair Glick and /Commissioners Critchfield, Green, Flahaven, Frishberg, Metzger, Oldenburg, Pate voting for it.  Commissioners Campbell and Garrison were absent.   

New Eastern Market Governing Structure

ANC6B adopted Commissioner Brian Pate’s suggestion regarding a process for adjudication of Eastern Market Legislation.  The process anticipates a community meeting for purposes of collecting resident feedback to be sponsored jointly by ANC6B and the Eastern Market Community Advisor Committee.  The meeting will be held in Eastern Market’s North Hall on Thursday, October 27. 

Outreach to City Council

ANC6B authorized a two way strategy to  interact with the DC City Council.  The strategy was proposed by Commissioner Brian Pate.  The proposal envisions ANC commissioners and resident members of the Outreach and Constituent Services meeting with councilmembers to discuss a list of subjects which broadly affect the ANC.  Targeted are Council Chair Brown, Councilmembers Orange and Mendelson – the two councilmembers at large, and Councilmember Barry.  Barry, though not elected at large (as are the other three) has oversight of the city office governing the city’s ANCs.  ANC bylaws ban ANC commissioners from representing the ANC to city officials unless authorized by the ANC, hence the necessity of authorizing commissioners to meet with officials and discuss select issues. 

The second prong of the process entails invitations extended to the aforementioned councilmembers to appear before ANC6B from time to time to talk about issues that are important to them. 

Among the issues commissioners are authorized to discuss are Eastern Market, Hill East Development, Ethics Reform on the City Council, Incentivizing Small Businesses, Education Reform, Major Developments including Hine, CSX Tunnel and 11^th Street Bridge Project.

The motion to approve the process was agreed to by a vote of 5 – 3.  Those voting for the motion to approve were Chair Glick and commissioners Critchfield, Flahaven, Frishberg, and Pate.  Commissioners Green, Metzger and Oldenburg were opposed.  Absent were Commissioners Campbell and Garrison.

Cain Jousts with Critic Near Eastern Market  – Photo credit Larry Janezich

by Larry Janezich

Sunday morning, the Herman Cain Campaign came to 7^th Hill Pizza for an interview and photo shoot with GQ Magazine.  Arriving about 10:45am after an appearance on NBC’s “Meet the Press, Cain stopped to joust with a passerby to whom he said, “the next time you give me a speech on tax policy, find out your facts.”  Coincidentally, The Washington Post’s Sunday “Fact Checker” posted a column critical of Cain’s representation of his 9-9-9 tax policy, suggesting that he distorts or elides over important facts.  Cain then posed for a picture with another member of the small crowd and excused himself, saying he had to go to an interview.   

Following the candidate inside 7^th Hill Pizza where Cain, the former CEO of Godfather’s Pizza, was seated at one of two tables surrounded by campaign aides, your reporter was told it was a closed event and was asked to leave.

According to Wikipedia, Cain is a businessman, syndicated columnist, and radio host from Georgia. He is, as the web site notes, “the former chairman (Omaha Branch board 1989–91), deputy chairman (1992–94) and chairman (1995–96) of the board of directors of the Federal Reserve Bank of Kansas City.  Before his business career he worked as a mathematician in ballistics as a civilian employee of the United States Navy.  He lives in the Atlanta suburbs, where he also serves as an associate minister at Antioch Baptist Church North.”

Prospective Barracks Row Pizza Venue Offers More Details

Menu to Offer Gluten Free, Lactose Free, Vegan Options

by Larry Janezich

Wednesday, Steve Salis, founder and CEO of what may be a chain of pizza restaurants, revealed some additional details regarding his prospective Barracks Row pizza operation. 

Salis is seeking an exception to the ban on additional fast food restaurants on Barracks Row, and has launched a campaign to help create public support for the exception.  To that end, he has addressed an open letter to the community (see below), released a rendering of what the outlet might look like (as above), and structured a menu to provide options for customers with dietary restrictions: i.e., gluten free crust for gluten intolerants, vegan options with regards to sauce and toppings, and lactose options regarding a dairy free cheese substitute.

Some of those who he will have to win over are the nearby neighbors of Hill Center, who are still smarting from Hill Center’s refusal to make concessions affecting their quality of life issues.  And, although ANC6B granted Chipotle Mexican Grill an exception, that action was viewed as trading one previous fast food restaurant (China Wall) for a new one.   Salis faces the tougher task of convincing the ANC to make a true exception, granting a new license for an location adjoining Chiptole which is technically in the same building. 

Salis won’t reveal the name of the new establishment since it is undergoing the trademarking process.  He said he would like to serve beer and wine but understands the sensitivities in the neighborhood, “so there are some things what would have to be worked out.”  If everything goes according to plan, the restaurant could open in spring of 2012. 

Salis said, “I think Barracks Row is a street with a lot of soul. It has great energy, it’s vibrant, and is taking seriously by the community. The 400 block in particular, lends my business a unique opportunity to take part in revitalizing an area that needs to be upgraded with concepts … that bring quality, sophistication, and innovation….”

His letter to the community follows: 

Dear Capitol Hill Community,                                                            October 11, 2011

I am writing today in response to all of the much-appreciated feedback that I have received with regards to my intentions of opening a dining establishment at 415 8th Street SE. Your comments will continue to play a critical role in my pursuits of joining your neighborhood.

My vision for this concept involves a fresh dining experience at a very affordable cost. Patrons will be presented with the ability to create a customized gourmet pizza using a variety of carefully sourced, fresh ingredients including gluten free, lactose free, and vegan options for those with dietary restrictions. This is not a pizza slice shop, therefore delivery service will not be offered. We are simply looking to provide a top quality product, while focusing on time efficiency and affordability, where the average family of four can enjoy a healthy meal for approximately $30. In addition, I have taken into account socially responsible environmental practices with regards to packaging, store build-out and design.

Aesthetically, the restaurant will embody a clean, simple and inviting feel deriving inspiration from the fresh produce that we offer. With 35-40 seats in our dining area, Capitol Hill families and professionals will be able to enjoy their personalized product on location.

Capitol Hill & Barracks Row exudes a vibrancy and sense of community that has piqued my interest in launching the business in this neighborhood. I have had discussions with other restaurant operators currently on the block regarding neighborhood sensitivities, and have already put forth action in addressing operational concerns, such as: pest control and trash management. I look forward to presenting my plans for handling these issues to your community in the near future.

Attached is a rendering of the store; please contact me at steve@324corp.com with any questions and/or concerns. I look forward to opening my doors to you this coming spring.

With great respect,

Steve Salis

Founder & CEO

Ima Pizza LLC

ANC6B Creates Subcommittee Including Residents To Shepherd Hine Development Process   

by Larry Janezich

Tuesday night, ANC6B created a 13 member Subcommittee charged with coordinate ANC6B’s response to the Public Unit Development (PUD) process on the Hine Development.  In addition to all ten of the current ANC6B commissioners, three non-commissioners from the community will comprise the membership.  The committee is charged with outreach to the community regarding the PUD process, developing recommendations for ANC6B in negotiations with the city and developer during process, and serving as a central point of coordination on the Hine Development.

The PUD process refers to the negotiations the developer conducts with the DC Office of Planning and the Zoning Commission to change the zoning of the Hine site to permit the greater population density the project will require.  During the process, technically, all aspects of the project, including design, density, and massing are “on the table,” and this affords all stakeholders an opportunity to influence the design of the project. 

Supporters of the resolution, which was offered by Commissioner Ivan Frishberg, in whose single member district Hine is located, beat back an effort by opponents to restrict the authority of the ANC6B Chair Neil Glick, prospective Subcommittee Chair Frishberg, and the as-yet-unnamed Subcommittee Vice Chair, to recommend a slate of non-commissioner members of the Subcommittee.  Brian Pate, who helped draft the resolution, said that the intent was to include representatives of nearby neighbors, a broader selection of the community, and business interests.  Answering a commissioner’s question about his intent regarding non-commission neighbors, Frishberg mentioned CHRS and CHAMPS.

Opponents of the resolution also sought to delay consideration for two months, citing the lack of need to move quickly.  Commissioner Oldenburg said Hine project developer Ken Golding had told her that Stanton Eastbanc Development would initiate the PUD process with the DC Office of Planning (OP) by November 1.  According to Oldenburg, between November and March the developer negotiates the final details of the project with OP.  She went on to say that OP would not issue a report until March of next year and it is that document – called a “set down report’ – to which the ANC reacts.    

However, according to Gary Peterson, Chair of the Restoration Society’s Planning Committee, and PUD process veteran, individuals, groups, and other stakeholders in the Hine project would be wise to begin meeting with OP during this November – March period to make their concerns and desires known.  .    

Opponents also cited the break from precedent in taking control of this issue out from under Francis Campbell’s ANC6B Planning and Zoning Committee.  Both resolution supporter Frishberg and resolution opponent Oldenburg claimed the necessarily absent Campbell’s support for their position.  Contacted by emmcablog after the meeting and asked whether he supported the Subcommittee, Campbell said, “I am OK with it, as long as whatever comes out of the Subcommittee is vetted by the Planning and Zoning Committee.” 

The resolution states that “recommendations of the Subcommittee that require full Commission action shall first be referred to the Planning and Zoning Committee unless waived by both the Chair and Vice Chair of the full Planning and Zoning Committee.”

When the vote came, the resolution passed, 5 – 3, with Commissioners Critchfield, Flahaven, Frishberg, Glick, and Pate voting in favor.  Commissioners, Green, Metzger, and Oldenburg were opposed.   Commissioners Campbell and Garrison were absent.

ANC6B to Appeal to Council on Redistricting and Appoint Residents to Advise on Hine Negotiations

by Larry Janezich

When it convenes Tuesday night, ANC6B will consider two resolutions concerning on-going issues facing the residents of 6B. 

The first resolution requests the City Council to maintain East Capitol Street as the boundary with ANC6C and to enact a “status quo” plan for the boundaries of the single member districts in 6B.

The second resolution would create a 13 member Subcommittee charged with overseeing the Public Unit Development (PUD) process on the Hine Development.  The wording of the resolution does not precisely resolve whether all current ANC 6B Commissioners will be acting and voting members of the Subcommittee, but it seems to suggest that will be the case.  Other members will be drawn from the community determined to represent “organized interests of the community.”  According to the resolution, the Subcommittee will be tasked with outreach to the community re the PUD process, developing recommendations for ANC6B in negotiations with the city and developer during PUD negotiations, and serving as a central point of coordination on the Hine Development. 

Copies of the resolutions can be found below. 

ANC6B meets Tuesday, October 11, at 7:00pm in the National Community Church, at 535 8th Street, SE.

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT

DRAFT RESOLUTION on ANC6B Boundaries and Districts

WHEREAS ANC6B has great respect for the efforts of the Ward 6 Redistricting Task Force and the guidelines it formally adopted; and

WHEREAS the Task Force adopted by a vote of 7-0 a draft plan on August 8th 2011 that was subsequently endorsed by ANC6B as a plan that would adhere to the guidelines of the Task Force; and

WHEREAS the Task Force Final Recommendations included a subsequent boundary change that was narrowly adopted on a vote of 5-4-1, and moves 1275 residents from ANC6B to ANC6C; and

WHEREAS the residents moved out of ANC6B have a primary and direct interest in the areas of Eastern Market, Eastern Market Metro plaza and the Hine Jr. High School redevelopment project, and will no longer have elected representation on the issues that are most important to their neighborhood; and

WHEREAS the change in the boundary between ANCs 6B and 6C changes a clear boundary along a city quadrant line that has been in effect for more than 30 years; and

WHEREAS a primary justification for the change presented by ANC6C was to balance the case load for ANC6C, while subsequent research has shown that the draft plan adopted on August 8th would likely have reduced workload from current levels and that ANC6B has a case load significantly greater than ANC6C under either the current scenario or the final plan adopted by the Task Force; and

WHEREAS an additional justification presented by ANC6C for the transfer from ANC6B to ANC6C was to provide for an odd number of commissioners on ANC6C, and it is noted that many commissions including ANC6B have decades of experience working productively with an even number of commissioners without any problems stemming from the even number of commissioners; and

WHEREAS the SMD boundaries for ANC6B adopted by the Task Force would cause substantial disruption to the work of ANC6B; and

WHEREAS the current redistricting plan works against the interests of those neighbors impacted, is at odds with the Home Rule Charter and the fundamental tenets of voting rights in the District that provide citizens elected representation in the neighborhood where they live;

NOW IT THEREFORE BE RESOLVED  that ANC6B requests that the City Council of the District of Columbia enact an ANC redistricting plan that maintains East Capitol Street as the boundary between ANC6B and ANC6C and reflects the boundary and SMD plan adopted by the Ward 6 Redistricting Task Force at its August 8, 2011 meeting. .

ANC6B formally adopted this resolution at its October 11, 2011 meeting by a vote of XX to XX, and requests that that Councilmember Wells and the City Council consider our recommendations when it drafts the final proposal for ANC redistricting later this year.

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT

DRAFT RESOLUTION for the creation of a Sub-committee of the Planning and Zoning Committee relating to the development of the Hine School site.

WHEREAS ANC6B will play a central role in representing community interests in the forthcoming Planned Unit Development (PUD) process for the Hine School site; and

WHEREAS ANC6B intends to conduct extensive community outreach and to involve a diversity of voices and interests in the PUD process; and

WHEREAS the developers of the Hine School site will likely initiate the PUD process in the fall of 2011 and that the process will likely continue through much of 2012; and

WHEREAS management of this process through its standing committees or the committee of the whole would limit this effort and place additional strain on the capacity of the Commission; and

WHEREAS Article X, Section 7 of the Commission bylaws allow for the Commission to create a sub-committee of a standing committee to carry out the responsibilities of a full committee with respect to a specific topic, and to be composed of members from beyond the parent committee,

NOW IT THEREFORE BE RESOLVED that ANC 6B creates a sub-committee of the Planning and Zoning Committee specifically to address the Hine School Development and that the objectives of this sub-committee include:

●  Conducting community outreach as it relates to the PUD process

●  Developing recommendations to ANC6B as it relates to the Commission position in PUD negotiations with the City and developers

●  Providing for a central point of coordination on the Hine        School development 

             BE IT FURTHER RESOLVED that the authority for the Hine School Sub-committee sunsets at the conclusion of the regularly scheduled monthly meeting of ANC 6B in March 2013, and

            BE IT FURTHER RESOLVED  that recommendations of the Sub-committee that require full Commission action shall first be referred to the Planning and Zoning Committee unless specifically waived by both the Chair and Vice-chair of the full Planning and Zoning Committee, and

BE IT FURTHER RESOLVED that the Sub-committee shall be Chaired by a member of the commission appointed by a vote of the commission, and that the Vice-Chair of the sub-committee be selected by the Sub-committee chair, and

BE IT FURTHER RESOLVED that the Sub-committee shall be comprised of Commission and non-commission members who represent organized interests of the community nominated by the Chair of ANC6B and the Chair and Vice-Chair of the Sub-committee and ratified by the full Commission, and that while all Sub-committee meetings will be regularly posted and available to all commissioners as voting members, the core membership of the task force shall not number more than 13 people.

The Week Ahead

by Larry Janezich

ANC6B meets Tuesday, October 11, at 7:00pm in the very convenient National Community Church, at 535 8^th Street, SE.

There are several issues emerging that deserve the attention of Capitol Hill residents. 

Hine Development Moves Back to the Front Burner

Watch emmcablog midweek for an update on the expected formation of an ANC6B Subcommittee – including 6B residents – to represent the community on the Hine Public Unit Development (PUD) process.  The PUD process is the process whereby the developers apply to the DC Zoning Commission to change the zoning on the Hine site in accordance with their plans for the development.  Stanton/Eastbanc is expected to file an application to begin the process within the next 60 days.  Over the next 4 to 6 months, the Zoning Commission will hold two public hearings on the Hine Development.  At the first hearing, the public will be allowed to observe but not participate, as the Office of Planning makes its recommendations to the Zoning Commission.  At the second hearing, the public will be allowed to present testimony for and against the development.  The PUD process is likely to be one of the last opportunities for the neighbors and community to wring concessions – which must be thought of in terms of trade-offs commonly referred to as “public amenities” – from the developer.  Theoretically, everything is on the table, despite the previous approval of the Historic Preservation Review Board of the massing, height, and design elements of the project. 

There will be public briefings sponsored by community organizations to help organize the community and various stakeholders to participate in the process. 

Redistricting Redux  

ANC6B is also likely to take another formal stance opposing the proposal for the Ward Six Redistricting Task Force recommendation that 1275 6B residents be transferred to ANC6C as well as the Task Force recommendations for redrawing the single member district lines in ANC6B. 

Eastern Market Legislation for a New Governing Authority

Also, there may be an announcement on a public forum for public feedback on the new Eastern Market Governing Structure Legislation introduced by Councilmember Tommy Wells last week. 

Check back.

Hill Center Granted Liquor License

by Larry Janezich

On Wednesday, the Alcohol Beverage and Control Administration (ABRA) granted Hill Center’s application for a liquor license, incorporating the Voluntary Agreement reached with the ANC last summer. 

The formal protest before the Board filed by nearby neighbors was withdrawn last month after protestors became convinced of the futility of pursuing it.  (See emmcablog post, September 21)

ABRA Interim Chairperson, Nick Alberti, who also serves as a commissioner from the adjacent ANC6A, recused himself from the matter.  

The Voluntary Agreement states that the Hill Center “will host special events such as weddings and meetings both inside the bu(Silding and on the grounds surrounding the building.  There will be occasional dancing, with a DJ and live music provided by small bands.”

Under the Voluntary Agreement, the hours of operation indoors will be until 2:00AM Sunday through Thursday and until 3:00am Friday and Saturday.  The hours for the Summer Garden will be until 10:00pm daily.  These hours overstate the hours entertainment and sale of alcohol by one hour, leaving time for clean-up after an event.

The Agreement also states that the capacity at Summer Garden events ending after 8:00pm will be limited to no more than 300 patrons, and daytime capacity in the garden will be 500 patrons. 

The Voluntary Agreement reflects the maximum hours of operation, sales and service of alcohol, and entertainment permitted Hill Center and is incorporated as a part of the licensing agreement by ABRA.  Hill Center has stated their intention of restricting their hosting of events to less than what the voluntary agreement would permit, though their refusal to put this language into a written agreement with the neighbors was a source of tension between the Center and some residents who live close to the Center. 

Regarding parking, the Agreement provides that Hill Center will provide valet parking for a scheduled event reasonably expected to bring more than 30 cars, and that the Center will monitor the valet service to ensure no cars are parked on public streets. 

Hill Center announced last Monday, October 3, that they had begun to move into the main building.  The offices of the Hill Center Foundation, which runs Hill Center, had been located in the still-unfinished Carriage House.  Local non-profit organizations which have rented third floor office space from the Center could begin operating out of those offices as early as next week.

Councilmember Wells Explains New Eastern Market Authority to Market Neighbors and Merchants Wednesday Night

Councilmember Wells Unveils Legislation for New Eastern Market Governing Structure – Vendors Criticize Lack of Grandfather Clause

by Larry Janezich

Wells told more than 100 community members and stakeholders Wednesday night in the Market’s North Hall that the new governing structure for Eastern Market will be a nonprofit corporation – the Eastern Market Preservation and Development Trust (EMPDT).  A new structure was necessary because the District government wants to get out of its market manager role, and has admitted it is ill suited to run the market.  The current structure, Eastern Market Community Advisory Committee (EMCAC), is an advisory body with no authority. 

A Board of Directors, comprised of eleven unpaid members initially appointed with staggered terms, would govern the Trust and provide local control of the Market.  Three members will be elected by the inside and outside merchants and vendors.  The remaining eight will have special expertise in food, arts, business and finance, historic preservation, legal, merchandising or marketing issues. This would seem to exclude the ANC, but not the Restoration Society.  Initially, two of the eight will be appointed by the Mayor, one by the Chair of the City Council, and five by the Ward 6 Councilmember.  One of the latter would be designated by Wells to be the Chair for the first year.  After the initial round of appointed terms, the Board would become self-sustaining and select its own Board members and Chair. 

The Board would have the power to appoint and terminate a market manager for the day to day operations of the Market and serve as a non-voting member of the Board. 

Strong opposition to the bill came from vendor and merchant representative Angie Brunson.   She said they can’t support this legislation, since “everything that protected the merchants and vendors has been taken out.”  She referred specifically to the 1997 legislation which gave the right of first refusal of marketing space to certain merchants and vendors who were serving the market at the time.  The clause gave them the right to market space indefinitely, allowing them to suspend and resume retailing for long periods, at will.    

Wells said that a grandfather clause for the merchants and vendors had been opposed by the Task Force he had appointed to make recommendations, by the city, and by the pro bono attorneys who drew up the legislation.  He said that leases will provide normal protection establishing rights to marketing space and that having three tenant representatives on the Board would provide further protection.  He went on to say that “grandfathering is not 100 percent consistent with the ability of the market to evolve.” 

A member of the community with a copy of the report subsequently pointed out that the grandfathering issue had never been part of the Task Force deliberations. 

Wells asserted, “I’m not wedded to this language – we did our best job and are hoping for recommendations tonight.  If it fits well, we’ll begin the amending process now.”   He said he was open to meeting with the vendors and tenants and discussing the viability of a tenant’s council.  One idea that resonated with Wells was expanding the number of Board Members to 13 to provide city wide representation.

Regarding a question from the audience about oversight of the board, Wells said, “It’s partly a leap of faith.  Do we trust a selection of our neighbors to run the Market?”  Ultimate oversight would be in the hands of City Council, though this would, he said, be by line item in the budget. 

The new legislation hints at a solution for the down-sized weekend flea market anticipated by the limited space provided by the current design of the Hine Development.  The legislation would give the Trust jurisdiction over 7^th Street between North Carolina and Pennsylvania Avenues.  Wells said that those concerned were looking at the possibility of using 7^th Street between C and Pennsylvania for the weekend flea market, but emphasized this was not definitive.  The “brick and mortar” merchants occupying the buildings in that block would have to be consulted and brought into the process.  He mentioned other public space (Metro Plaza?)  as an option as well. 

Wells encouraged those in attendance to provide feedback to improve the bill on forms handed out at the meeting, through his website, and through the ANC. “It may take two years – it may take four months, Wells said, “[w]e would like to prevent the government from contracting the management of the market out with no local control.  If it doesn’t work, we can go back to that.” 

EMCAC and the ANC will provide opportunities for public participation in the process.  A jointly sponsored hearing on the issue is being considered by those organizations.  In addition, the City Council will hold a hearing this fall on a date to be determined.