The ANC6B Task Force met Monday night at Southeast Library
Council Approves Funding for SE Library Interim Services
By Larry Janezich
Posted June 5, 2023
Monday night, ANC6B Commissioner David Sobelsohn told the ANC’s SE Library Task Force, that CM Charles Allen reports that the city council had approved $191,000 for interim library services at the Arthur Capper Recreation Center. SE Library is scheduled to close sometime this summer for a two-year renovation. The funding is intended to pay for two support staff, computers, and a printer and it appears there is some flexibility in how the funds will be used, depending on what the community wants. Sobelsohn chairs the Task Force.
Locating interim services in the Arthur Capper Center will also work to benefit Ward 8 Navy Yard residents who have been pushing for their own library, according to Sobelsohn. CM Trayon White chairs the council’s Committee on Recreation, Libraries and Youth Affairs.
The Task Force has been pushing for a near-by interim services library location rather than acceding to the DC Public Library’s suggestion: “Use Northeast Library.” Various locations were considered and proposed to Allen, but the only one which caught his attention was the Arthur Capper Rec Center, given that it is already owned by DC; it has space, utilities, auxiliary staff and security. Allen was dead set against renting commercial space for the interim site.
Task Force members Raiford Gaffney and Susan Sedgewick visited the site and identified suitable space on the second floor which is currently unused. The center is a 15 minute walk from the Marine Barracks and it is near a Circulator stop.
The Task Force agreed unanimously to a motion by Commissioner Frank D’Andrea to recommend to the full ANC that it pursue the Arthur Capper Center for interim library services. The full ANC meets on June 13, when Sobelsohn will ask for support for a letter of support to city and library officials.
In other news from the meeting:
Commissioner Frank D’Andrea reported on his analysis of the DCPL construction design/construction contract with Whiting-Turner. The contract specifies a two-year construction process but start and completion dates will have to be negotiated after the design element is complete. The contract does not get into specifics regarding construction management decisions. The treatment and management of the site plan is yet to be formulated and will be an internal approval process by the Department of Buildings. Decisions on staging and parking are potentially problematic and the ANC will have a voice in representing the community as issues arise. The project manager will come from the ranks of DCPL.
DCPL Executive Director Richard Reyes-Gavilan is tentatively scheduled to appear before ANC6B’s virtual monthly meeting on June 14, to discuss the library renovation and the impact on the community. Residents hope for answers to two top concerns: when will SE Library close, and will patrons be able to check out and drop off books at the location?
Susan Sedgewick, representing Capitol Hill Village, stressed the importance of receiving assurances on access to interim services for seniors and others with mobility issues and on making sure there is a commitment by the contractor to a rodent abatement plan during construction.
Thursday afternoon, Eastern Market, circa 3:30pm. Senator Bernie Sanders waits for his sandwich to come up at Canales Delicatessen.
Here’s how to get your sidewalks fixed: Scott Price, representing the Capitol Hill Village, appeared before ANC6C’s Transportation Committee last week as part of CHV’s effort to improve safety of Capitol Hill sidewalks.
CHV is launching an effort to help residents get their sidewalk s fixed. Send pictures and addresses of sidewalk hazards to chvpedestriansafety@gmail.com CHV will report to 311 and follow-up
Separately, ANC6A Commissioner Roberta Shapiro is conducting a survey sponsored by ANCs 6A, 6B, 6C and Capitol Hill Village to collect resident experiences with hazardous sidewalk conditions resulting in falls or injuries. The data will be used to inform a request to DDOT to improve sidewalk safety conditions. The survey takes only a few minutes: https://forms.gle/31FceiB4kGHDdUhA8
The Barracks Row Pride Weekend Kick Off led DC into Pride Month and CM Charles Allen held his community office hours in “as you are” on Friday afternoon. The bar bills itself as “A safe space for LGBTQIA+ in Washington, DC, a café/bar/dance boutique.” The space was formerly occupied by District Soul Food and before that, Banana Cafe at 500 8th Street, SE.
Next Thursday, representatives of the Conservative Partnership will come before ANC6B’s Planning and Zoning Committee to press their case for closing an alley behind the former Capitol Lounge, which is now part of a complex of buildings on the 200 block on Pennsylvania Avenue, SE, which comprise the new HQ for the organization. Closing the alley would permit construction of an outdoor event space behind a re-opened restaurant formerly the Capitol Lounge. ANC commissioners are talking about what community benefits to tie to the proposed closure.
Also on Thursday, 6B ‘s Planning and Zoning Committee will discuss John Weintraub’s application to change the zoning of the former Frager’s Hardware at 1323 E Street, SE, reportedly from commercial to residential/mixed use. Door Dash was operating its delivery service there, but ran into opposition from irate neighbors and city restrictions on the parking lot and sidewalk obstruction. Any other retail operation would likely face the same issues, leading to the proposed zoning change.
And from Friday night’s Live Jazz at Eastern Market Metro, here’s saxophonist extraordinaire, Herb Scott.
The Week Ahead…And Some Photos from the Past Week
by Larry Janezich
Posted June 4, 2023
Monday, June 5
ANC6C Alcoholic Beverage Licensing Committee is scheduled to hold a virtual meeting but hasn’t announced an agenda yet. Details TBA.
The ANC6B Southeast Library Task Force will hold an in person meeting in Southeast Library, lower level, at 7:00pm.
Agenda:
Report on the DC budget .
Capitol Hill Village’s Susan Sedgewick’s report on a leading site for interim services while the library’s closed.
Commissioner D’Andrea’s analysis on the SE Library renovation contract.
Vote on picking the Task Force preferred choice for an interim services site.
Preparation for the upcoming appearance at the June ANC6B meeting of Richard Reyes-Gavilan, Executive Director, DC Library.
Tuesday, June 6
ANC6B Alcohol Beverage Control Committee will hold a virtual meeting at 7:00pm.
Extreme Pizza; 520 8th Street, SE; Retailer’s Class “C” Tavern License, Application for an Entertainment Endorsement.
National Democratic Club (NDC), request to amend the existing Settlement Agreement to increase the hours of operation and sales, service, and consumption of alcohol. Current: Mon-Fri: 11:30 am – 1:00 am. The requested hours are: Sun-Thur. 7:00 am – 2:00 am; Fri-Sat. 7:00 am – 3:00 am
Discussion on new Cannabis regulations and licensing. Update on city-wide ANC Commissioner Caucus discussions. Major points in Chair Jayaraman’s testimony at the June 7 public hearing.
ANC6C Environment, Parks and Events Committee is scheduled to hold a virtual meeting but hasn’t announced an agenda yet. Details TBA.
MPD First District Citizens’ Advisory Council will hold a virtual meeting from 6:00pm – 7:15 pm .
Paul H. Smith, DC Taxpayer Advocate, DC Office of Tax and Revenue, Office of the Chief Financial Officer.
Consent Agenda
Transportation and Public Space
Recommendation: ANC 6A send a letter to DDOT that references all previous Traffic Safety Inputs (TSIs), as well as pending TSIs, on the 11th Street NE Corridor (Florida Avenue NE to East Capitol Street), stating that changing the signs from 25 to 20 mph would not be sufficient to ensure safety, and that ANC 6A would welcome more engagement from DDOT and a comprehensive safety analysis of 11th Street based on the safety walk that ANC 6A had conducted with DDOT, addressing a more extensive length of 11th Street NE rather than only the 11th Street and Constitution Avenue NE intersection.
Recommendation: ANC 6A write a letter of support of the DDOT streetscape permit application for 1101 H Street NE.
ANC6B Planning and Zoning Committee will hold a virtual meeting at 7:00pm.
202 10TH Street SE Project. Zoning Adjustment Application. To construct a two-story rear addition and roof deck, to an existing, attached, two-story with basement, principal dwelling unit in the RF-1 zone.
202 10th Street SE Project. Historic Preservation Application. To construct a two-story rear addition and roof deck, to an existing, attached, two-story with basement, principal dwelling unit in the RF-1 zone.
Alley Closing in Square 762 Project: Closing NE portion of existing alley system in Square 762. Between 2nd & 3rd Street SE, Pennsylvania & C Street SE. (Square 762)
Discussion on Progress of Rezoning of 1323 E Street SE
ANC6C Transportation and Public Space Committee is scheduled to hold a virtual meeting but hasn’t announced an agenda yet. Details TBA.
Saturday, June 10
Friends of Southeast Library will hold a Book Sale from 10:00am until 3:00pm. SE Library, lower level.
Sunday, June 11
Annual Capitol Hill NE Neighborhood Concert
Capitol Hill NE Neighborhood will partner with Capitol Hill Arts Workshop (CHAW.org) to host the annual Jazz concert. This year’s concert will be on Sunday June 11th at 11:30am. It’s free. Please register via the following evite link to and learn general details about the event. This event is open to all. http://evite.me/DKxdyqetjs
This year’s concert will feature a local saxophonist, Jonathan Yanik. Yanik is part of the US Navy band and he will be performing with his quartet. https://www.yamaha.com/artists/jonathanyanik.html
This is a free event but will also be a fundraiser for the musicians and CHAW. All contributions will go directly to both parties. https://chaw.org/
Similar to years past this will be a potluck style event, please consider bringing a dish and beverages to share with the neighborhood, come enjoy, and let’s ring in this beautiful summer together.
This is a dog and kids-friendly event and is open to all. Please feel free to invite your friends even outside the neighborhood.
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All that is left of 639 A Street, SE – the front facade – exterior and interior view.
“Embarrassed” Historic Preservation Board OK’s Rebuild of Illegal Demolition
By Larry Janezich
Posted June 2, 2023
Last March, Capitol Hill Corner reported the illegal demolition of the Historic District townhouse at 639 A Street, SE. On Thursday, the Historic Preservation Review Board (HPRB) considered the historic compatibility of the developer’s proposed reconstruction of the townhouse. At the end of the hearing, HPRB Chair Monique Heath called for the vote: “All right then – holding our nose – all those in favor? All those opposed? The motion passes 4 – 0.”
The project is being developed by an LLC owned by real estate agent Jessica Bachay and her husband. Last year, they hired architect Jennifer Fowler and contractor Manuel Acosta to carry out the city-approved plans to partially demolish the 19th century townhome and add a cellar and a two story addition. In the process, the scope of the work was exceeded, the house was demolished (except the front façade), tarps were erected, a stop work order was issued, and apologies were made. Thursday, the Preservation Board sanctioned the new plans, moving forward the rebuild. But, as comments and actions during the hearing show, it was embarrassing.
HPRB, the ANC Commissioner in whose single member district the project resides, a representative of the Capitol Hill Restoration Society and nearby neighbors are all skeptical of the contractor’s claim that he undertook the additional demolition on his own without consulting the architect, Jennifer Fowler or Jessica Barchay, the owner.
The contractor, Manuel Acosta of MAAC Construction, explained how the additional demolition occurred: He testified that when doing the approved demolition they tried to keep the portion of house supposed to be preserved but “found the wood not useable – rotted.” And for the safety of the crew he made the call “to remove those.” He said it was easier to “build and do it new instead of preserving and then rebuild.” He added, “I didn’t make the call to the architect or the engineer and we proceeded to the demolition and complete the work.” Later in his testimony, Acosta said, “It was my call here…the issue is…protocols. If you find something not right, you have to go to the owner and architect. I didn’t think about that – that was the issue. We try to preserve as much as we can.”
Board member Gretchen Pfaehler, Architectural Historian, said that when she looks at the photos and how the pictured joist “is all jagged, that does not look like a rotted joist to me – that looks like something that got hacked or cut or overcut, but it does not look like it’s rotten, and so it’s a shame because once it’s gone it’s gone forever. This should not fall on the shoulders of the inspectors; it falls on your shoulders as a contractor and the architect working with you.”
Acosta said, “I know pictures show (the wood) was basically not completely rotten but it was in bad shape. I always take pictures and … when I showed up on site and saw the demolition – from my perspective this was creating a big impact on this house – it looked bad – the cost of material may be more but I always want the best for my client. “
Pfaehler interrupted Acosta, telling him he was not really helping himself by continuing to talk, “You’re just making matters worse.” She added that, in the end, the owner is responsible, “regardless of their ability to understand…it’s just a shame that were here at this juncture and talking about this now.”
ANC6B Commissioner Jerry Sroufe, in whose single member district the project lies, was highly critical of both the developer and the process. Stressing that his comments were his own and not an official statement of ANC6B, Sroufe said: “I am discouraged by the loss of yet another historic building on A Street,* and angry because of the apparent willingness of those given the responsibility for historic preservation to consider the loss of historic homes as acceptable. To state, as a top official unfortunately has said, that the tear-down was “unfortunate” is to equate a planned action by individuals with a natural disaster, perhaps a fire caused by lightning. The loss of this building was the result of intentional actions made by individuals working within the framework of historic preservation; it is not unfortunate – it is wrong and disturbing….I am dissatisfied that there is apparently no investigation of instances of this type beyond assurance by the contractor that the action needed to be done.”
Sroufe went on to say, “Also, many find it difficult to believe the explanation that a building contractor working in the Capitol Hill Historic District – in existence since 1973 – and working with an established architect, simply was unaware of preservation procedures and went ahead with a demolition on his own.”
Sroufe offered three suggestions:
Increase substantially the penalty for demolition without a permit. Four thousand dollars is a totally inadequate disincentive for demolition.**
Investigate the circumstances leading to demolitions without a permit. This should precede consideration of any application necessary to carry forward a project. It is not sufficient to assess a penalty and move forward.
Inspectors from HPRB should pay more attention to projects involving contributing structures in the Historic District while they are underway. Perhaps more inspectors are needed to move away from the present passive system of inspection that relies on neighbors calling problems to their attention.
Beth Purcell, Chair of the Capitol Hill Restoration Society told the Board, “We deeply regret the demolition and loss of fabric on this 19th century building which…cannot be replaced.” She said that the revised proposal is consistent with the Historic District, then added: “Mr. Acosta’s testimony left me wondering whether there was a plan or possibility of removing the façade or front exterior which is the only fabric remaining from the 19th century house.”
Several neighbors who live near 639 A Street spoke up in opposition to the scale of the project and the process which they felt had failed them. Among them was Enise Han, who neighbors credited with alerting them and city officials to the developer’s transgressions.
Bachay, one of the property’s owners, told the board she was embarrassed and upset and had “worked with Jennifer and Manuel” with the best intention of following the plans. Despite the fact that it is her and her husband’s LLC that is developing the property, she said it was their intention to live there with their three kids.
HPRB Chair Monique Heath said, “I understand why people are frustrated – I am frustrated by this and other cases like that … but that’s not what’s before us today….Taking it upon yourself to demolish existing fabric and not salvaging is not a process that is acceptable. We’re in this unfortunate situation of having to approve the rebuild and – given the circumstances – I think that is the acceptable recourse.”
Pfaehler reiterated her opinion: “This action is inexcusable. It puts us in this embarrassing position where we have to approve this solution which is compatible, but it’s embarrassing to the process, to the staff at OP (Office of Planning) and the inspectors who put in so many long hours and so much professional integrity…. So it’s a shame. It’s a real shame.”
Board member Carisa Beatty said, “I wish I could vote against this but I realize that doesn’t get us anything.”
Chair Heath concluded, saying she agreed with Commissioner Sroufe that penalties should be greater: “I don’t know what they are…but they should be significant enough so they should be a real deterrent.”
Asked to comment, Councilmember Charles Allen told Capitol Hill Corner: “If the penalty is intended to act as a disincentive and it’s not working, it clearly needs to be higher.”
*In February, 2021, at 326 A Street, SE, there was a similar tear-down of an entire historic building that went well beyond what was authorized in the permit.
**Violations of the preservation law and building code are subject to a $4,068 civil infraction fine for failure to obtain or stay within the scope and conditions of a building permit and that fine may be yet be levied as part of the ongoing enforcement action which is separate from HPRB consideration.
The Eastern Market Community Advisory Committee met in Eastern Market’s North Hall last night.
Eastern Market on track to receive $200,000 Events DC grant
by Larry Janezich
Posted June 1, 2023
Last night, Eastern Market Manager Barry Margeson, reported to the Eastern Market Community Advisory Committee (EMCAC) that market management has received an award letter from Events DC for a $200,000 grant – half of the amount applied for by Eastern Market Main Street to fund the nearly-year-long ongoing celebration of the 150th anniversary of the Market. Margeson said he is “waiting for clarity” on what the funding can be used for, but part of it – some $12,000 – will be used for banners for the Market’s exterior. Funding for programming Market events will likely be shifted to start on November 12, the anniversary of the Market, and continue through the holiday season and into the new year.
In other news coming out of last night’s meeting:
EMCAC Board Member Jackie Krieger – the Mayor’s appointee – was elected Vice Chair.
Chair Chuck Burger opened a discussion regarding the areas of responsibility of the six new EMCAC Subcommittees (Events, Outreach, Web and Technology, Capital Improvements, Operations, and Budget). Burger said he intends to put out a call for volunteers through the city’s media outlets to cast a wide net and bring as many interested residents into the process as possible rather than just relying on near-by neighbors. (One of those outlets will be Capitol Hill Corner.)
Ann Blackwell, Executive Director of Eastern Market MainStreet has resigned to become Executive Director of Dupont Circle Main Street. EMMS will begin a search for a successor.
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Saturday afternoon, Memorial Day weekend. Beautiful weather brought crowds to Eastern Market. At noon, 7th and C Streets, SE, seemed to be the center of everything.
Monday afternoon, Memorial Day weekend. An American Flag and a Marching Band is all you need for a parade. The Memorial Day Parade kicked off at 7th and Constitution, NW, with crowds undaunted by the prospect of rain.
Here’s the Deland High School Marching Band.
Here’s the reviewing stand where announcers introduced parade participants to the crowds.
The view from the steps of the National Archive attracted some.
And many of them came prepared when the rain came around 2:30pm.
Over at the East Front of the U.S. Capitol, crews continued their set up of the canopy and stage for the evening’s National Memorial Day Concert – for the first time since 2019. The event featured the National Symphony Orchestra and military ensembles, and marked the 50th anniversay of U.S. troops returning from the Vietnam War.
The Week Ahead…& Some Memorial Day Weekend Photos
by Larry Janezich
Posted May 29, 2023
Monday, May 29
Memorial Day
Tuesday, May 30
ANC6B Executive Committee holds a virtual meeting at 7:00pm to set the agenda for the June meeting of the full ANC.
Part of the large gathering at the Hill East Citizens’ Association’s meeting on May 23 at St. Coletta’s. Near neighbor Carolyn Coppege is far left. ANC 7F Commissioner Shirley Thompson Wright has the mike. Nkosi Bradley stands beside her. Photo: Hilary Russell
Reservation 13 is in ANC 7F, most of which lies east of the Anacostia River. Neighbors in Hill East are in ANC 7D. The blue dot on the map marks the location of new buildings.
Big turnout, lots of questions for Reservation 13 developers
by Hilary Russell
Posted May 29, 2023
On Tuesday, May 23, many Hill East residents and Ward 7 ANC commissioners turned out for a meeting at St. Coletta’s with two developers of Reservation 13, the 67-acre site where the DC General Hospital was located. The host was the Hill East Citizen’s Association, formed during last year’s Wards 6/7 redistricting debate to “cut through the political upheaval and come together as a neighborhood and community,” as co-founder Nkosi Bradley stated. He and neighbor Shane Seger promoted the meeting with emailed flyers and door-to-door visits. An almost full house heard presentations on the large projects awarded to two R-13 developers – Community Partners (a team of eight developers) and Donatelli/Blue Skye Development.
Former Ward 7 Councilmember Yvette Alexander and Evens Charles of Frontier Development & Hospitality Group (a component of Community Partners) outlined their $564-milion Phase II project, which encompasses 1,120 rental and co-living apartments, a 150-room hotel, 60,000 square feet of retail, 126 condos and townhomes, and “multigenerational” park spaces. The team is finalizing land disposition agreements and infrastructure design and hopes to break ground late next year.
Blue Skye’s “Scottie” Irving referenced two recently completed Phase I buildings – the Ethel and Park Kennedy – and acknowledged that filling the Ethel’s 10 thousand square feet of retail space has been “tough.” Two restaurants – Sala Thai and an Irish pub – in the Park Kennedy building should open by the end of August. Irving said his team is providing 1063 residential units and 700 parking spots in total and that construction of a third building – the Coretta – will begin in about 13 months. His team is also extending 20th, 21st, and 22nd Streets, thereby reducing the traffic flow on 19th.
Alexander and Irving fielded numerous questions, including several on the following topics:
Parking. Plans anticipate 330 underground parking spaces under the retail space – none under the hotel – and 400+ bike spaces. A lively discussion ensued, led by long-time, Burke Street resident Carolyn Coppedge. She is convinced that residential streets will attract more vehicles than costly underground parking and averred that an unprecedented number of vehicles lacking DC tags already park on her street and complicate egress to 19th Street, SE. Others expressed parallel concerns about the impact on residential streets of the hotel’s projected valet-parking services.
Community benefits agreement. In response to a statement that ANC 7D would like to be brought into this process, Alexander said that “legally speaking” the negotiation would only be with ANC 7F but “we will keep you updated.” Nkosi interjected that creating a conversation between those legally responsible and the community was “a driver behind this effort.”
The Anacostia River Park and Trail. Access to the river and trail from the RFK “fairground” area is “dicey,” said Will Middleton. He and other neighbors wanted to know what is being done to improve access to the Anacostia River and Trail and whether these key amenities, owned by the federal government, appear in a R-13 master plan. Charles responded that his team is hoping to obtain a small parcel of federal land needed by the design team to connect to the river and extend one of its parks. Alexander referenced a letter to Congresswoman Eleanor Holmes Norton on this issue and offered to provide a copy to attendees so “we can lobby together.”
Co-living units. Alexander explained that co-living units are 3-to-4 bedroom units whose occupants will share the cost of rent. Common Property Management will manage these units, projected to attract unrelated people: students, the military, and people working temporary jobs.
The 150-room hotel. Projected to be a Marriott, it is positioned for “whatever comes” to the RFK site, which is a designated events space. Its location does not presuppose an NFL stadium.
As time ran out for more questions, Bradley stated that the Hill East Civic Association aims to be an ongoing forum where neighbors can continue to express their concerns, find answers to questions, and make suggestions. Additional issues brought up at the meeting included the addition of a free municipal parking lot, an ombudsman who receives and forwards complaints related to construction (such as cracks in nearby homes and invading rodents), and a web page that posts up-to-date news on Reservation 13 and neighbor feedback.
The Hill East Civic Association has not yet incorporated or stood up a board but has already filled a clear need: informing and giving voice to the diverse community living in the area bounded by 15th Street, SE, East Capitol, SE, and the Anacostia River. Its stated mission goals and objectives include:
a clear and unified voice on the impact and/or contribution of local and federal economic development decisions to the general welfare of the Hill East community.
active community engagement in arts and entertainment.
public education resources that serve the community’s resident children and families.
strategies and resources that serve the needs of resident seniors.
For CHC’s post on the timeline for R-13 Phase II Development, go here: https://bit.ly/3HRNIX3
The Rumsey renovation will include space for small businesses and vendors as well as seniors. The DC budget which the City Council approved last Tuesday contained full funding for the renovation of Rumsey Aquatic Center to add a second floor for seniors and additional space on the ground floor to support Eastern Market vendors, DC makers, and small businesses. The project will also include renovation of the pool. According to CM Charles Allen, who pushed for the funding the Rumsey project, the Mayor has nixed the idea of pursuing senior housing at Rumsey but, he says, initial plans provide for significant space for an upstairs programming for senior services space that would also be able to utilize the pool for expanded services and activities. The second and final vote on the budget will be on May 30.
There’s talk about reopening the Rumsey Center’s entrance on C Street. Not many residents know that the entrance to the Rumsey Aquatic Court was once on C Street, SE. Here’s a street view of the south side of the building.
The former Kenny’s BBQ takes on new life. According to @BarredinDC, the Popal restaurateur clan who opened Lutece (Georgetown), Lapis (Adams Morgan), and the now –closed Berliner (Georgetown Waterfront) plans to reopen the former Kenny’s BBQ at 723 Maryland Avenue, NE, as a Mexican restaurant named Pascual. Kenny’s BBQ closed suddenly without explanation in July of 2022.
Here’s a view of the on-going buildout.
ICYMI Redevelopment of Union Station. May 12, the Federal Railroad Administration released a revised concept for the $8.8 billion renovation. Comments are welcome until July 6, after which a final review will occur and planning for construction will begin. The FRA will hold two public hearings next month. This will be the first renovation of the 115 year old station in thirty years. The rendering of the new train hall is from U.S. Fine Arts Commission.
There’s some new paint on The Fridge. But sadly, the gallery currently seems to be dormant.
The Week Ahead…& Some Photos from the Past Week
by Larry Janezich
Posted May 21, 2023
Monday, May 22
ANC 6A Community Outreach Committee will hold a virtual meeting at 7:00pm.
CRYSP—a discussion of ideas for improving Lot 6 of RFK Campus with Anne Corbett CRYSP is an organization which advocates for recreational facilities for local residents and manages The Fields at RFK Campus forEvents, DC. For more info, go here: https://cryspdc.org/
ANC6B Southeast Library Task Force will hold an in-person meeting on Monday, May 22, 7:00pm, in Southeast Library, lower level.
Agenda:
Discussion of prospects for interim library space and an update about the effect of renovation on nearby residents.
Tuesday, May 23
ANC6A Alcoholic Beverage Licensing Committee will hold a virtual meeting at 7:00pm.
Discussion of application by Kitchencray H LLC t/a Kitchen Cray at 1301 H Street, NE, for Substantial Changes to its existing license.
ANC6B Parks and Public Space Taskforce will hold an in-person meeting at 7pm at 700 Pennsylvania Ave, SE; Conference Room 2074 (entry adjacent to Trader Joe’s).
Agenda:
This initial meeting of the task force will involve identifying issues, problems and opportunities, establishing boundaries, and evaluating promising procedural strategies. Our meeting will necessarily consider also a brand new issue within our committee’s purview: a recent report that is highly critical of the actual service that the National Park Service provides for DC parks. See here: https://go.gwu.edu/npsreport
Julie Rupert, Assistant Chief of the Juvenile System, Office of the Attorney General, (OAG)
ANC6B Special Committee on Public Safety (file photo)
OAG Juvenile Justice Official Talks about Balancing Accountability and Rehabilitation
by Larry Janezich
Posted May 17, 2023
Monday night, Julie Rupert, Assistant Chief of the Juvenile System, Office of the Attorney General, (OAG) gave an overview of the Office of the Attorney General’s Juvenile Justice System to ANC6B’s Special Committee on Public Safety.
Some of the main takeaways:
There has been an increase in certain types of offenses by juveniles – car thefts, carjackings, gun possession and shootings., more now than pre-pandemic. (“The media would have you believe there are much much more,” Rupert said.)
Generally, OAG policy is they don’t charge youths under 13 but there are exceptions and some 12 year olds are charged if their behavior presents a significant danger or has occurred repeatedly and OAG believes the criminal justice system has to get involved – that there needs to be accountability and services put in place.
It is hard to say what the causes are, but the pandemic left many youths unsupervised and in unstructured environments with neighborhood mentors instead of school-based mentors.
The OAG is processing fewer cases today than pre-pandemic because they are filtering out cases that don’t need to be in the juvenile justice system and are connecting youths with more pre-charging services.
Addressing the revolving door between the justice system and poor neighborhood environments will be an difficult expensive process.
The following is a summary of Ruperts remarks on the OAG and prosecution of delinquent juveniles which she made to ANC6B’s Committee.
The OAG Juvenile Justice System is similar to the adult criminal justice system but the activities, mechanics and procedures vary. The juvenile system deals with those under the age of 18 who have committed crimes in DC. Charges can only brought against youths under 18 – but supervision extends to an individual’s 21st birthday. The Juvenile Division is focused on rehabilitation – driven by the belief that rehabilitation is the best way to reduce recidivism.
Youths can either be arrested based on probable cause or by submission of a request to OAG which generally comes after an MPD investigation. OAG reviews the facts and if it finds merit submits it to the court which decides if an arrest should be made.
Once an arrest is made the individual is presented to the court within 24 hours. The youth is on a lock up list and the OAG has to make a decision whether to charge the case in juvenile court.
If the AG is considering charging the case, OAG has to decide if there is probable cause and whether the evidence supports proving a case beyond reasonable doubt. If the evidence is deficient and OG can’t prove the charge, they would not prosecute and case ends there – unless it’s diverted.
If not charged, and the alleged offense is lower level, non-violent, and the alleged offender’s first time, OAG has the option of diversion: referring the youth to a program of pretrial supervision with case workers similar to probation officers who connect youths to mental health assessment or other community-based services. Participation is voluntary and the family agrees to take part in the diversionary program.
At the Initial arraignment if the AG seeks pretrial detention OAG has to show probable cause at a hearing and needs to have a witness appear before an arraignment judge in Superior Court – a mini-trial. The court hears what the individual is accused of and if the judge finds probable cause, the court can order detention or pre-trial placement. In that case the government has to show significant risk to persons or property and no life restrictive needs. Currently, there is a “least restricting or no detention presumption” for most offenses but a judge may order security detention. Several years ago, the city council passed a law setting presumption in favor of detention for violent offenders.
If OAG charges a case, it begins the life cycle of the Juvenile Justice System.
The case can be resolved by a plea, a trial, or by different court programs. The Juvenile Justice Diversion program addresses special needs and focuses on mental health services involving frequent appearances in court. For example, the HOPE Court (Here Opportunities Prepare you for Excellence) is for victims of sex trafficking. These options involve different tracking levels – youths can be sentenced with a plea, without a plea, or as a condition of post-sentencing.
In Juvenile Court, sentencing is called disposition. There are only two options for disposition:
Probation – community based supervision by the court’s social services division which handles both pre-trial and post-trial supervision. Probation can only be for a maximum of one year and a judge decides the conditions, and
Commitment to the Department of Youth Rehabilitation Services and that can be for any period of time up to the person’s 21st It’s a common misperception that commitment means being sent to the juvenile detention center, but that is one of three options.
Commitment can be to a DC government agency independent of the court which has legal custody and supervision, and the agency decides where the youth lives and goes to school and other conditions.
Commitment can mean the youth remains at home or in a mid-level staff-secure group home with different kinds of treatment and services, and with ability to leave the building.
The highest level of commitment involving someone who the court feels is a danger to the community or presents the danger of committing a violent offense or for a multiple offender or where other ways have already been, is commitment to a secure facility in Laurel, MD. Commitment is not for a length of time, but to a program which typically lasts nine months to a year.
Community criminal justice advocate Anthony Petty with Neighbors for Justice, offered his insight regarding the need to relocate youths once they leave the structured environment of the rehabilitation system. Petty says there are currently no relocation programs and youths don’t have lot options to place kids once they leave institutions. He said, “They leave and just run wild and go back to the same environment and there’s a good chance kids go back doing same things they have always done. Once youths in the system go home, the structure is not here and in the households they’ve been living in it’s very hard to change. They speak about their safety – it’s their number one issue – and the only way they feel safe is to arm themselves.”
Rupert said that it takes a multi-prong approach involving education, housing, and jobs – a multi-system approach is needed to be successful in breaking the barriers to a successful transition.
The Special Committee on Public Safety will meet next in mid-June and will discuss the Office of Unified Communications and the recent failure of the 911 System.
ANC7D has a lot on its large plate. Photo and text by Hilary Russell.
ANC 7D monthly meetings have full agendas, given that its 10 commissioners represent a large territory: Hill East, Kingman Park, Congressional Cemetery, Kenilworth East and Eastland Gardens, Mayfair, River Terrace, and Rosedale. Recent meetings have lasted considerably more than two hours, though two commissioner positions (Mayfair and River Terrace) remain vacant.
The May 9 meeting included consideration of Parkside, a massive “master-planned community” by City Interests Development Projects located on Kenilworth Terrace NE. Commissioner Ebony Payne detailed the need to allow vehicular left turns onto Oklahoma Avenue, improve intersection safety, and integrate drop-off and other requirements of Blow Pierce Elementary School into the 19th Street Bike Lane Project. See here for more: https://bit.ly/3Woz7b3
Commissioners heard from Ward 7 liaisons in two offices—the Mayor’s and Councilmember Vincent Gray’s—and from representatives from DC Commission on the Arts and Humanities; Anacostia Riverkeepers; Marshall Heights Community Association; Events DC; and CRYSP DC, which manages the fields in the RFK campus.
The meeting noted the following upcoming events:
Another “Kidical Mass” DC family-friendly bike ride is planned for Capitol Hill on May 20 at 4 pm.
On May 23 at St. Coletta’s, the Hill East Civic Association will host presentations by developers on Reservation 13 and RFK from 6:30 to 8 pm.
WELLderness, a weekend outdoor series of Friends of Kenilworth Aquatic Gardens includes yoga, tai chi, an Indian dance workshop, and sessions titled journaling in nature and intuitive eating.
DC’s “Truck Touch” Day, on June 3 at RFK Festival Grounds from 8 am to 1pm, offers children and adults opportunities to climb into DC vehicles that clean and repair streets, fix traffic lights, collect trash, and shovel snow, as well as other fun family activities.
Kitchen Cray on H Street, NE, wants a stipulated (meaning they can start operating immediately) Tavern License with Entertainment Endorsement. Last Thursday, it appeared that ANC6A was ready refuse to support the request and took it off the agenda at the last minute to give the restaurant’s management time to meet with the ANC and the community. Some of the nearby neighbors think the proposed business model for the venue is a disaster for the neighborhood and think that the restaurant already launched a nightclub in violation of its license. Commissioner Mike Velasquez gave Kitchen Cray credit for acknowledging its mis-steps and said he was hopeful of having a productive conversation with management and neighbors this coming week.
Penn and Potomac Avenue Traffic Circle. CM Charles Allen reports that the project is funded and construction will begin next year to make the intersection safer and more welcoming. At Tuesday night’s ANC6B meeting,, Commissioner Matt LaFortune, Chair of the 6B Transportation Committee, announced the project director will provide an update at the June meeting of the Committee on June 7.
Movement on the development of the H Street Auto Zone site. ANC6A Commissioner Mike Velasquez told ANA on Thursday night that the site’s owner WestMill Capital Partners – expects Auto Zone to move from its H Street location by the end of summer when its lease expires. Afterward, the parking lot will be fenced off to mitigate on-going parking lot issues until construction starts. A pre-development Zoning Hearing will occur in September.
Spider-Man: Into the Spider Verse – a Friday night film in Lincoln Park. Photo: Amber Gove
Friday night, MPD First District sponsored this year’s first Friday Night Films in Lincoln Park. This is an occasional event coordinated through ANC6A. ANC6A Chair Amber Gove, who was on site Friday night, said she was exploring other Friday nights to schedule repeat events, but noted that show time depends on darkness and the best time from that perspective is late spring and early fall. As it was, it was nearly 8:30pm before Friday night’s film started.
Popcorn and lemonade were courtesy of MPD as well. Photo: Amber Gove
The Week Ahead…& Some Photos from the Past Week
by Larry Janezich
Posted May 14, 2023
The Week Ahead…
Monday, May 15
ANC6A Transportation & Public Space Committee will hold a virtual meeting at 7:00pm.
DDOT update on H Street Priority Bus Lanes – Zack Gambetti-Mendez, AICP, Transportation Planner, Bus Priority Program, DDOT.
11th Street Traffic Calming: request for a comprehensive safety study and additional input for selected and pending Traffic Safety Investigations (TSIs).
Vision Zero Hardening at 13th Street/Constitution Avenue NE and 11th/East Capitol Streets – DDOT speaker TBC.
1101 H Street, NE. Public Space Application. (Paving: Driveway(s) Close Existing, Paving: Driveway(s) New- Commercial, Paving: Sidewalk(s), Projections: Bay Window(s), Projections: Marquee).
Metro’s Better Bus Network Redesign Project. Overview and ways to provide comment.
ANC6B’s Special Committee on Public Safety will hold a virtual meeting at 7:30pm.
Presentation: DC Office of the Attorney General Public Safety Division.
Discussion – 911 System.
Identify agenda items and potential Expert/Guest speakers for next meeting.
Tuesday, May 16
Virtual CHRS Preservation Café at 6:30pm.
Joanna Kendig, a local historian and CHRS board member, will present a virtual Preservation Café on the history of our DC water and sewer Infrastructure. Running water and modern sanitation are necessary for healthy living. We now take them for granted, but they were non-existent when the District was first established in 1793. Learn about the development of these essential services which evolved as our city grew to become a modern metropolis.
City Agency Slow to Call Out Reg Violations in Capitol Hill Student Rooming House
By Larry Janezich
Posted May 12, 2023
A rooming house at 101 5th Street, NE, owned by a Las Vegas Real Estate Investment firm has housed 20 students from Delaware and New York since the summer of 2022 without a Certificate of Occupancy (CO) or a rooming house license. The students are participating in the Universities’ Semester in DC Programs. Capitol Hill has a growing number of residential properties repurposed for corporate use (violating city regulations) but whose owners suffer little or no sanctions for doing so. ANCs are almost powerless to address the issue and city agencies, in the words of an ANC6B commissioner referring to the same problem on New Jersey Avenue, SE, “don’t want to do anything about it.”
ANC6C Commissioner Jay Adelstein, investigating on behalf of concerned neighbors, recently ascertained the number of students occupying the house and where they are from.
In response to neighbor concerns, DLCP and DOB determined in September of 2022 that the owners of 101 5th Street were in violation of DC laws: 1. Engaging in business (rooming house) without a housing transient license endorsement and 2. Operating after a business certificate of registration has been terminated.
But it took until first week of May 2023 for DLCP and DOB to start enforcing the law by prohibiting further operation because of the lack of a CO and rooming license and because 101 5th Street failed a CO inspection on May 4.
Valerie Jablow, an education blogger who lives on Capitol Hill near 101 5th Street, NE, has been engaged with city agencies on the use of the property for the past ten months. Last Wednesday night, she appeared before ANC6C for the second time on the matter, and again citing 101 5th, urged ANC6C to work with ANC6B to ensure proper use of neighborhood buildings and proper licensing.
Commissioner Adelstein complimented Jablow saying that “you have not only shaken the branches but shaken the trunk and apparently have the attention of both DOB and DLCP… they’ve reached out to the University of Delaware … I think it’s on course for resolution . The bigger problem is the commercialization of our residential properties on The Hill.”
Commissioner Joel Kelty said he wanted “to note that ANC6C has spent many many years attempting to bring the failures of former DCRA now DOB and the professional licensing division of the former DCRA to light and so we are sympathetic to your concerns…”
A time line of mile stones in story of the search for accountability is revealing:
July, 2022 – Valerie Jablow raised concerns with city agencies about the property when the house was being renovated without the owners getting permits. The city issued a stop work order and levied fines before work resumed on the renovation.
September, 2022. DLCP and DOB, determine that the owners of 101 5th Street were in violation of DC laws: 1. Engaging in business (rooming house) without a housing transient license endorsement, and 2. Operating after a business certificate of registration has been terminated.
October 13, 2022. Notice of Infraction was sent to the Office of Administrative Hearings for adjudication. (That case was still awaiting adjudication in May of 2023. Meanwhile, rooming and apparently business meetings continued without disruption DLCP.)
January, 2023. People are seen leaving the property on weekday evenings without suitcases, but in business attire and with briefcases, suggesting that they were conducting business there during the day, then leaving at day’s end.
Mid-February. The property still had no rooming house license and no CO.
March 13. In response to neighbors’ inquiries, DCPL certifies that there are currently no active licenses for 101 5th Street and that the Notice of Infraction sent to the Office of Administrative Hearings for adjudication was still pending. DCPL refused to comment on the Notice of Infraction but said community members “are welcome to file a FOIA request in the meantime.”
March 28. Jablow testified before Council on DOB oversight hearing to support enforcement of license requirements re operation of any hotel or inn in DC and asked that DOB’s ability to keep corporation from pretending to be actual people who occupy a house be ensured.
April 12. Jablow emails ANC6C Planning & Zoning Committee asks why 101 5th Street has been allowed to operate without a license and asked the ANC to 1. reach out to other city agencies to ask how they define how a corporation “resides” in a house, 2. work to stop unlicensed rooming houses and prohibit use of neighborhood properties as offices, and 3. better align property taxation, zoning, and permitting with use to combat tax and other building fraud.
May, 2023. DLCP and DOB prohibit 101 5th Street from operating as a rooming house because of the lack of a CO and rooming license and because it failed a CO inspection on May 4.
Jablow expresses her concerns to the University of Delaware which replies that it is seeking details from the housing provider.
May 9 – DLCP contacts the University of Delaware and says “we’re beginning a conversation with the schools involved now to see what steps will taken with regards to further enforcement action.”
May 9 – Jablow emails Emir Gur-Ravantab | Account Manager, Office of the Director [DLCP], to inquire what happens after the universities’ Semester in DC ends on May 20 with respect to the suspected business activities at 101 5th Street?
May 10 Emir Gur-Ravantab | Account Manager, Office of the Director [DLCP] replys:
“I understand your concern given that you’ve been seeing this building operate as a business illegally for some time now. I know that action may seem inert due to the time frame it’s been taking, but there is action from our end in the pipeline; the complaint filed earlier in the spring when I first contacted you carries several thousand dollars in fines, and is now going through the legal motions. As a reminder, Notices of Infraction from DLCP must first be processed through the Office of Administrative Hearings, after which they become public, and payment is due. If unlicensed business activity continues, beyond May 20th or at any time, our agency will continue to issue NOIs with fines worth thousands of dollars to enforce the owner into compliance. In certain cases, we can also issue a cease and desist order, but that would need to be approved by our legal office. Due to the structure of DC law and our agency’s policies, we must utilize our method of issuing citations first before being able to take any drastic measures, i.e., cease and desist order. The only time otherwise where business activity can be swiftly shut down or otherwise interfered with is in the case of a life or health safety issue, which would involve action from either DOB or DC Health, depending on the issue, and not a call that DLCP can make. I hope this clarifies a few things. Warm Regards,”
What’s missing from the reply is an explanation for the months of delay in addressing the issue, either to stop the illegal occupancy or ensure safe operation at 101 5th, until May of 2023. Further, the email allows the reader to infer that there is no remedy to the purported use of a corporate-owned residential property for business or political meetings.
The case of 101 5th Street illustrates what appears to be city government tolerance of corporate use of Capitol Hill’s residential properties – much desired owing to their proximity to the U.S. Capitol, bars, restaurants and the Metro. But, as Jablow put it in correspondence with CM Briane Nadeau and Council Chair Phil Mendelson, “I want to point out that if DLCP refuses to enforce the law in this case, or construes its duty to end at enforcement, DC will see only more of this behavior, especially in close-in areas of Capitol Hill, where improper use of residential properties as corporate spaces can be lucrative and convenient when the law is not enforced. This in turn violates the expectation of DC residents living in residential areas like mine, which is that the properties around them coded for use as residential are, in fact, residential.”
CAPITOL HILL CORNER 