CAPITOL HILL CORNER

View of the 200 block of 7th Street, SE, between Pennsylvania Avenue and North Carolina Avenue, SE

Should Eastern Market’s 7^th St. Stay Closed Weekends? Special Meeting Saturday to Hear From Public

By Larry Janezich

The Executive Committee of the Eastern Market Community Advisory Committee (EMCAC) will hold a special meeting on Saturday August 12, to discuss whether 7^th Street between Pennsylvania Avenue S.E. and North Carolina Avenue, S.E., especially the portion between PA Ave and C Street, S.E, should remain closed to traffic on weekends after the Saturday and Sunday flea markets move to their new location on C Street between the Hine Project’s North and South Buildings on September 31.

Members of the public who want their voices heard can attend the meeting on Saturday, at 3:00pm in the Coldwell Banker training room. Coldwell Banker is located at 605 Pennsylvania Avenue, S.E.

For those who cannot attend the meeting, please respond email EMCAC Chair Donna Scheeder with your comments at donna_scheeder@comcast.net

The Week Ahead……& Photo Essay Update on Barracks Row

by Larry Janezich

Not much happening in the week ahead, as Washington goes on vacation.  PSA 104 is meeting at 7:00pm, on Tuesday, August 8, at Stuart Hobson Middle School, 410 E Street, NE, but that’s pretty much it.

Here’s a photo essay on some recent changes on Barracks Row.

The notorious Barracks Row 7 Eleven has started piping opera to the streetscape in front of its store to combat loitering and panhandling.  Note the speaker, upper right.  Will it work?  The jury’s still out.

Here’s a shot of the interior of ANXO – the new Spanish cidery and Basque style snack outlet at 525 8th Street. Their menu is here:  http://www.anxodc.com/porron

Skill Zone, at 709 8th Street, where children “Play, Learn, Grow” is applying for a private club liquor license so parents accompanied by a child can have a glass of wine or beer while their children are at play. According to owner Liza Fox, the license will also allow parents to bring their own alcoholic beverages to the venue’s birthday parties where the entire space is rented for the event.  Visit their website here:  https://skillzonedc.com/

The space formerly occupied by Capital Teas at 731 8th Street is looking for a new “great tenant” according to owner Barbara Fahs Charles bcharles@staplesandcharles.com  Capital Teas filed for bankruptcy earlier this month.

The Vanity Box, offering Brazilian, Indian & Malaysian virgin hair, closures & frontals, hair care products, tools & accessories, opened recently at 737 Barracks Row.   See here:  https://www.thevanityboxhair.com/

The apartments overlooking the corner of 7th and C Street – and Eastern Market – will be occupied starting in September.

The newly opened C Street between the North and South Buildings of the Hine project will open to the weekend flea markets the weekend of September 31.

Update on the Hine Project South Buildings: Tenants Will Start Moving In During September – Flea Markets Relocate Sept 30

By Larry Janezich

According to an Eastbanc representative, the apartments on the Northwest corner of the Hine project’s South Building overlooking the new C Street Plaza and Eastern Market are currently being marketed and tenants are expected to start moving in September.  See Eastbanc partner Bozzuto Management Company’s promotional page here:   http://bit.ly/2hvvj7P

Last January, tenants moved into the 34 affordable units in the North Building (managed by Buwa Binites’ Dantes Partners).  The project’s remaining residences – overlooking 8^th Street – are still under construction and will not be finished before October.

The below grade Trader Joe’s will front on Pennsylvania Avenue, near the center of the project’s south facade.  No date has been announced, but Trader Joe’s is likely to open in the late fall.  No information has been released regarding tenants for the ten ground floor retail spaces along 7^th Street and on the 7th and Pennsylvania Avenue corner of the project.

The Eastbanc representative says that negotiations are underway with an operator for the day care center on the 8^th and D Streets corner of the building.  The amenity is being mentioned in the marketing of the residences, raising the question of whether tenants will be given preference.

The newly reopened C Street between the North and South Buildings will be available to the weekend market vendors for set up on Saturday, September 30, and Sunday, October 1.  C Street will be open for traffic and metered parking starting on Monday, October 2.   Flea market managers have signed three-year contracts to operate on C Street and the Plaza.

Regarding whether or not 7^th Street between C Street and Pennsylvania Avenue remains closed once the flea market vendors relocate will be the subject of discussion at two prospective community meetings – one hosted by ANC6B and the other by Eastern Market Community Advisory Committee (EMCAC).  Dates of the meetings have not yet been set but are likely to occur at the end of August.

Work on the below grade 320 parking space garage is proceeding, and once completed the occupancy permit will allow use of the garage by project workers which will relieve pressure on neighborhood parking.  Under an agreement with the community, any residential tenants of the building will not be eligible for Residential Parking Permits on nearby streets.

The office space portion of the project, overlooking 7^th Street, will not be available before November 1.  So far, one tenant – a company offering shared office space – has been announced.

ANC6B negotiated office space for itself within the project during the PUD process as one item in the community benefits package in exchange for zoning changes permitting greater height and density.  The ANC is likely to vote on a proposed lease for the space at its September 12 meeting.

One of the last – maybe THE last – “Cool ‘Disco’ Dan” tags remaining on Capitol Hill. In the late 1980s and early 1990’s, the tag was ubiquitous across the city.

R.I.P. Cool “Disco” Dan, 1970 – 2017

Danny Hogg, AKA Cool “Disco” Dan died on Wednesday, July 26 of complications from diabetes.  The iconic and prolific graffitist painted his signature tag all over the city in the late 1980s and early 1990s.  It appeared on several buildings on Barracks Row and Pennsylvania Avenue, SE, when those commercial strips were much different than the food and drink destinations they have become.  Hogg was the subject of a 2012 documentary titled “The Legend of Cool ‘Disco’ Dan,” which detailed his exploits as a bold an omnipresent contributor DC’s street art of the period.  For more on Hogg, see WaPo articles here:  http://wapo.st/2va3is2 and here: http://wapo.st/2v9OEBg

The Week Ahead…

by Larry Janezich

Most ANCs and their committees as well as other community civic organizationss do not conduct business during August.  There are a few exceptions.

Tuesday, August 3, 7:00 pm

1. ANC 6A and ANC 6C Transportation & Public Space Committees will meet jointly for a DDOT presentation on the K Street, NE,  redesign project concept plans.  7:00pm, Capitol Hill Towers, 900 G Street, NE – Photo ID required.

Thursday, August 3

1. PSA 107 meets at 7:00pm in Southeast Library, 403 7th Street, SE, lower level.

2. Friends of Southeast Library meet at 5:30pm, in Southeast Library, 403 7^th Street, SE, lower level.

Saturday, August 5

1. Hill East volunteers will team up with the 7-Eleven at 15th and Independence Avenue, SE, to attack litter in the immediate neighborhood. Meet at 9:00am at the 7-Eleven (come early for free coffee and donuts.  7-Elevan will provide trash bags and gloves for volunteers who need them.  Afterward volunteers are welcome to hang out for 7-Eleven Customer Appreciation Day for free Slurpees and other goodies.  Tom Dunkel is the neighbor point of contact for the event.  Please email him at tdunkel@verizon.net if you are interested in participating.

Community Grants Available from CSX Railroad

CSX Railroad is soliciting grant proposals for the community benefit funds granted the community in exchange for the disruption brought by the construction of the new CSX Virginia Avenue Tunnels.  Between August 1 and September 15 the CSX Mitigation Fund administrators, NSC Partners, are welcoming grant proposals.  Go here for details http://www.nscpartners.org/

As the Senate Votes on Beginning the Health Care Debate– A Photo Essay

by Larry Janezich

Circa 1:50pm, Tuesday, July 25. ADAPT activists queue up for admittance to the Hart Building at the Constitution Avenue entrance.

U.S. Capitol Police negotiate with organizers the processing and treatment of protesters who choose to be arrested.

The loosely organized protest in support of preserving Medicaid and independent living comprised individuals representing the American Association of People with Disabilities and representatives from the National Conference on Independent Living. More than 200 people were involved.  The protest took place in the Hart Senate Office Building atrium at the base of Alexander Calder’s iconic sculpture, Mountains and Clouds.  Click to enlarge.

Once leaders announced that the vote on the motion to proceed to the GOP health care bill was underway, protesters started chanting – “Don’t Touch Medicaid.”  At center is demonstration organizer Bruce Darling, President and CEO of the Center for Disability Rights Inc., to his left, Dr. Gregg Beratan, Policy Analyst for the CDR.

After the chants started the police warned that the demonstration was illegal and and protesters who remained were subject to arrest, the police moved in. Those who did not want to be arrested moved outside the police lines.

Dozens, chanting “I’d rather go to jail than die without Medicaid” were arrested.

As protesters were being arrested in the Hart Building, Democratic Senators held a press conference on the grass across from the Senate steps. Senator Sanders could not be seen, but his voice rose above the throng, “are we going back to the days when healthcare was for the healthy and wealthy? We’re not going back. We’re standing with you.”

A closer view shows Sanders at left center of the photo, with Jeff Merkley of Oregon by his side.

After the press conference, and circa 3:45pm just after the Vice President’s motorcade had departed the East Front, Senators moved the rally to the Senate steps.

The National Building Museum at Judiciary Square Metro Stop. Currently on exhibit, HIVE – an installation by Studio Gang out of Chicago and the highly recommended ARCHITECTURE OF AN ASYLUM: ST. ELIZABETHS 1852-2017 http://bit.ly/2uOPOl8  It’s not free – Admission is $16 for adults, $13 for seniors.  It’s worth it. But:  Ward 6 residents gain free admission to check out the National Building Museum’s stunning summer exhibit – a little more reading on Hive. You will need to present ID that shows you are a resident of Ward 6 at the door to gain free entry. See here:  http://www.charlesallenward6.com/w6wbuilding

The Week Ahead….

by Larry Janezich

Monday, July 24

1. CANCELLED ANC6A Community Outreach Committee meets at 7:00pm at Maury ES (multi-purpose room), 1250 Constitution Ave NE (enter from 13th Street, NE)

Agenda not available at press time.

Tuesday, July 25

2. PSA 106 meets at 7:00pm at the Community Center at Capitol Quarter, 1000 5^th Street, SE.

Wednesday, July 26

1. ANC6B Hill East Task Force meets at 7:00pm at St. Coletta of Greater Washington, 19th and Independence, SE.

Among items on the agenda:

MPD will brief the Task Force and Hill residents on automated traffic calming measures which can be applied in Hill East.  Email Task Force Chair Dan Ridge  at 6b09@anc.dc.gov with questions.

2. Eastern Market Community Advisory Committee meets at 7:00pm in Eastern Market’s North Hall.

Among items on the agenda:

Presentation by Brian Pate representing the Capitol Hill Community Foundation

September election of officers

Status of appraisal and leases

Market Managers Report

Editorial:  Bowser on DGS Firing Scandal:  Move Along Folks, Nothing to See Here

by Larry Janezich

In September of 2016, after DGS Director Chris Weaver refused, City Administrator Rasheed Young abruptly and in violation of protocol fired two employees of the agency’s contract and procurement division.  The employees, Yinka Alao and Carlos Sandoval, alleged the firings occurred because they did not award a major Bowser contributor, Fort Myer Construction, contracts for work at the Buzzard Point Soccer Stadium and St. Elizabeth redevelopment sites.

Councilmember Mary Cheh’s Transportation and Environment Committee held hearings to determine if anything improper had occurred.  The staff subsequently wrote a report on the Committee’s preliminary findings, the main points of which are as follows:

1. The inquiry did not reveal any direct evidence of political influence.
2. The evidence disclosed that Fort Myer Construction does appear to be a favored District contractor.
3. Senior Executive Officials took action in relation to the two contracts intending to benefit Fort Myer Construction.
4. The Officials’ actions seem to contradict the assertion that preventing delay was their sole purpose in intending to benefit Fort Myer Construction.
5. The firing of the two employees was not illegal, but seemed an unnecessarily harsh penalty based on offered explanations, and were procedurally irregular.
6. There was evidence that an unknown District employee likely leaked information about a competitor’s bid on the Saint Elizabeth’s contract to Fort Myer, allowing Fort Myer to submit a more competitive offer. “This is a breach of law and ethics, and the Office of the Inspector General should investigate it.”

Seeking support to issue the report from her fellow committee members, Cheh found it only from Councilmember Charles Allen.  Three committee members – Evans, McDuffie, and Todd – indicated they would not vote to endorse the report.  Cheh then decided to issue the report over her own signature.

As the Washington Post reported on June 15, http://wapo.st/2u8CXYF the Mayor called the information about the alleged leak a “wild accusation” and that she would not pursue an investigation.

This smacks of a cover up.  If it were just a matter of one more shady deal, it would be one thing.  But the callousness and indifference in disrupting three lives and the apparent breaching of ethics with impunity reveals a sense of entitlement and contempt for justice that lies at the heart of corrupt government.

The Washington Post reported on December 8, 2016 http://wapo.st/2uROJtp that Alao had filed a $10 million suit against the DC government.  Sandoval has filed for redress with the DC Office of Employee Appeals.  These proceedings tend to be expensive, take forever, and the odds of success are stacked against the complainant.  Whistleblower protections are that in name only, and there are numerous examples of lives and careers ruined by conscientious employees who believed that the law would protect them.

According to the June 15 Washington Post piece, “Deputy Inspector General for Business Management Jaime Yarussi said the office was reviewing Cheh’s report.” That’s not enough.

Once in a while, government officials have to stand for something and show that they are not in it just for themselves, but have some sense of the common good.  A good place for Bowser to start would be to let Rasheed Young go and send a message contrary to the one he sent when he fired Alao and Sandoval.  As they say, “When there is moral rot within a nation, its government topples easily.”

Earlier this month, CM Allen, Chair of the Judiciary and Public Safety Committee held hearings on campaign finance reform.  DC business organizations turned out in force to assure the Committee that the legislation wasn’t necessary.

A copy of Councilmember’s Cheh’s report may be found here: http://bit.ly/2gTiCn8

And the full hearing record (which is cited in the report) may be found here: http://bit.ly/2tzHKFi

For a previous editorial on this subject from August 27, 2015, see here:  http://bit.ly/2bqvKsi

Top brass: DCRA Director Melinda Bolling, second from left; DCRA Zoning Administrator Matt Le Grant, second from right; Timothy Handy, DCRA Event Houses Regulatory Section, far right; Jason Washington, Assistant to the Director, far left.

Capitol Hill residents with HPRB concerns.  

DCRA Officials Address ANC6B Resident Concerns on Construction/Home Business Violations, etc.

by Larry Janezich

Tuesday, night, ANC6B’s Constituent Services Task Force, co-chaired by Commissioners Jennifer Samolyk and Diane Hoskins, sponsored a community meeting to hear the top brass from the city’s Department of Consumer Affairs (DCRA) address resident concerns on a number of issues under their jurisdiction.

DCRA issues building permits, certificates of occupancy and home occupation, basic business licenses, and inspects for illegal construction.  The meeting had been scheduled before CM Charles Allen’s pointed comments on the need for improvement in the agency last week (see below).

Included in the issues raised by residents were difficulty reporting construction work before or after permissible hours (7:00am – 7:00pm, Monday through Saturday) because the violation has stopped by the time an inspector can be summoned; DCRA inspectors not responding to complaints; and work being done beyond what the permit allows.

The DCRA officials did not offer a remedy to address concerns regarding before and after hours construction work other than to say there is supposed to be follow-up from inspectors when no one is in the office since inspectors are “pinged” (not clear what that means) when a call comes in.  Director Melinda Bolling said she should be notified personally if inspectors do not show up in response to a complaint.  With respect to work being done outside the permit, Bolling said that as of six weeks ago, additional details on the scope of the permit have been provided – that prior to that time, a portion of what the permit covers was regarded as sufficient information for posting.

Another issue common to several residents was the failure of the city to notify residents of construction in our neighborhoods.  Matt Le Grange, DCRA Zoning Administrator, said that most of the 4,000 building permit applications DCRA receives annually are for work being done as a matter of right and there is no requirement for notification.  The Construction Code provides residents must be notified if construction affects their property’s underpinning or party wall but if there is none, the law does not require notification.

In the Historic District, until recently (see below) the Historic Preservation Review Board is not required to notify neighbors, but that responsibility still falls mainly to the individual resident who must follow the HPRB agenda or the ANC Planning and Zoning Committee agenda as posted organization websites.

According to ANC6B Planning and Zoning Committee chair Nick Burger who was present, the advance notification by Bureau of Zoning Administration of neighbors within 200 feet of an application for a zoning change works well, and that as of this month, the HPRB notifies adjacent neighbors of Historic Preservation Applications.

On another matter, one resident explained at length a hazardous post-raze issue on a property adjacent to his home and presented a strong case for the need for a post-raze inspection by DCRA.  Bolling said she would take the recommendation to the Construction Code Coordination Board.

Several residents of New Jersey Avenue, SE, raised the issue of businesses operating illegally out of residences.  Le Grant said that residents are allowed to use a portion of their home for businesses purposes after obtaining a Home Occupation Permit (HOP) and a business license.  He said the HOP application is very detailed and if an individual resident meets the standards, they are allowed to operate a business out of their residence.  (Residents say that there are cases where DCRA inspectors give a building owner the benefit of the doubt over the evidence to the contrary offered by neighbors that a townhome is being used as a residence).

Regarding instances where lobbyists and nonprofit organizations are using residences as office space, a complaint will result in an investigation to determine that the owner has a HOP and is in compliance.  Timothy Handy of DCRA’s Event Houses Regulatory Section says that DCRA can revoke a HPO.  Once a complaint is filed the investigation could take 60 to 90 days but many factors could extend that.

Bolling said in response to neighbors’ complaints about townhouses on New Jersey Avenue being used as event venues, that it is a challenge to discern between residences where fundraising occasionally occurs and residential buildings which are used primarily for fundraising events.  She said that the most important evidence that can be offered in support of a complaint which results in a hearing before an administrative law judge is personal testimony of nearby neighbors – “That’s what wins cases, the willingness to participate in a hearing.”

Regarding concerns about Air B&B operations, Bolling said that the current “non-policy policy while we’re working on a policy” means that residents can “get away with” using a part of their homes for a short term rental as long as the tenants don’t cause problems –  in the latter case, DCRA treats it as an impermissible rental. A prohibition on short term rentals for apartment buildings is easier to enforce.

The willingness of the agency’s top brass to turn out to listen to residents’ reflects an apparent concern which is somewhat at odds with actual DCRA operations which resident’s deal with on a day to day basis.  The latter point was driven home by Councilmember Charles Allen, who told a Capitol Hill community meeting last week that DCRA is the “one agency which has caused us the biggest problems and has the most improvements to make” and “that the agency needs a top to bottom shakeup.”  Allen said that too often DCRA thinks that their customer is the permit applicant, and he has to remind them that it’s the Department of Consumer Affairs.

Southeast Safeway, Tuesday, July 11, 2017, circa 9:00am.

The Week Ahead….

by Larry Janezich

Monday, July 17

1. ANC6A Transportation & Public Space Committee Meets at 7:00pm, Capitol Hill Towers, 900 G Street, NE.

Among items on the agenda:

Presentation by DDOT officials of 30% plans for Florida Avenue NE redesign project.

Tuesday, July 18

1. ANC6B Outreach & Constituent Services Task Force meets at 7:00pm in Hill Center, 921 Pennsylvania Avenue, SE.

Agenda: Presentation and Discussion with DC Department of Consumer and Regulatory Affairs (“DCRA”)

Speakers:

Melinda Bolling- Director DCRA

Matt LeGrant- Zoning Administrator, DCRA

Timothy R. Handy- Chief of Compliance/ Program Manager Regulatory Investigations Section & The Office of Consumer Protection Business & Professional Licensing Administration, DCRA

1. ANC6A Alcohol Beverage Licensing Committee meeting, scheduled for 7:00pm at Sherwood Recreation Center, 10^th and G Streets, NE, has been CANCELLED. The next scheduled ABL meeting will take place on Tuesday, August 15, 2017 at 7:00 pm at the Sherwood Recreation Center, Corner of 10th and G Sts. NE.

Wednesday, July 19

1. ANC6A Economic Development & Zoning Committee meets at 7:00pm, at Sherwood Recreation Center, 10^th and G Streets, NE.

Among items on the agenda:

1362 East Capitol Street, NE, zoning adjustment – special exception from the rear yard requirements of to construct a two-story rear addition to an existing one-family dwelling in the RF-1 Zone.

1203 D Street, NE, zoning adjustment – special exception from the lot occupancy requirements of to construct a two-story rear addition to an existing one-family dwelling in the RF-1 Zone.

237 Warren Street, NE, zoning adjustment – special exception from the rear yard requirements of and from the upper floor addition requirements to construct a rear and third-story addition to an existing two-story one-family dwelling in the RF-1 Zone.

225 Tennessee Avenue, NE, zoning adjustment from the rear yard requirements to construct a three-story rear addition to an existing one-family dwelling in the RF-1 Zone.

226 12th Place, NE, – applicant seeks support for HPO approval of plan to convert an existing two-story, two-unit row house to a single-family residence and do a 10-foot extension at the rear of the house.

Thursday, July 20

1. Police Service Area (PSA) 108 meets at 7:00pm, Liberty Baptist Church, 527 Kentucky Avenue, SE

Saturday, July 22, 2017

1. Ward 6 Democrats will hold their Biennial Membership Meeting to elect officers and conduct other business on Saturday, July 22, from 10am to 2pm at the NE Library, 330 7th Street, NE. Nominations for officers will be accepted up to the election time. Contact Chuck Burger @ chuckburgr3@msn.com or (202) 258-5316.

Councilmember Allen briefed Capitol Hill residents on plans for Eastern Market Plaza and Southeast Library. At right is Jerry Sroufe, who along with Marci Hilt and Carl Reeverts, are co-chair the meeting’s sponsor, Eastern Market Metro Community Association.

Some of the residents and stakeholders who turned out for last night’s meeting in Southeast Library.

CM Charles Allen Meets Community on Eastern Market Metro Plaza/Southeast Library Redesign

by Larry Janezich

Charles Allen met with Capitol Hill residents last night to brief them on the status of the redesign of Eastern Market Metro Plaza and the related renovation/expansion of Southeast Library.  The meeting in Southeast Library was sponsored by Eastern Market Metro Community Association.

The redesign of the Plaza is a priority for Allen, which has resulted in a budget allocation for the project of $1 million in FY 18, $1 million in FY 19, and $2.5 million in FY 20. He said that $4.5 million will not do everything, but it will fund improvements, engage the city, and provide momentum.  Allen said, “There is a lot of consensus that Plaza can be so much more – a place where the community can gather…a community hub.”

The first $1 million for the Plaza will become available October 1, 2017, and one of the first projects is likely to be a playground replacing the “guerilla playground” on 9^th Street, SE, between D Street and PA Ave.  That spontaneous community-sponsored playground of plastic toys was dismantled and carted off by the Department of General Services last year because of liability issues.  Allen said that $1 million gets you “a pretty phenomenal playground” and noted that the $125,000 community amenity required from the Hine developers as compensation to the community for the project’s impact is already in escrow, waiting to be used for the playground along with city funding.  (Attendees were quick to point out that the city allowed the developer to deduct the $125,000 from the cost of the site, meaning that it actually comes out of taxpayer’s pockets.)

Allen said that the future FY funding will take the rest of the redesign concept to the planning level, likely following the guidelines of a plan formulated by architect Amy Weinstein, though realizing that plan will require additional money.  The 2014 Weinstein plan, which was funded by a Congressional earmark to Barracks Row Mainstreet, placed a price tag on the overall project of $45,213,645 million – $13,517,595 for the parks and plaza, $22,765,637 for the library, $8,930,413 for DC Agency management fees plus reorganization of traffic, and a $1.54 million maintenance endowment to provide the estimated $75,000 annual maintenance costs.  See here CHC report: http://bit.ly/2mOFrHG.

The Weinstein plan includes a redesign of the Southeast Library with a major expansion under 7^th Street and a new entrance on the Plaza, but Allen cautioned that there is no current plan for redesign of the Library, and noted that DC Library officials believe that the Weinstein plan will cost more than the $22.7 million price tag she placed on the project.  The officials also raised concerns regarding multiple entries to the library which will require twice the current staff.

Renovation and expansion of Southeast Library – one of the city’s smallest and busiest – has been budgeted to the tune of $10.9 million in FY 19, and $12.5 million in FY 20.  None of those funds can be used for the Plaza, but timing is such that they will be available for use at the same time the Plaza plans will unfold.  Allen said that he views the Plaza as an extension of the library, and the challenge will be how to incorporate use in the Library renovation.

DC Library is anticipating a “soup to nuts” modernization, gutting the current historic structure, and rebuilding it in a way more in accordance with the way libraries currently function.  Allen said that a year from now, he expects the community engagement to begin, in advance of the first round of funding becoming available in October of 2018.