CAPITOL HILL CORNER

635 – 633 – 631 Pennsylvania Avenue SE

Here’s what happens to the storm runoff from the 3 businesses above (this and following photos courtesy of Ron Tomasso)

And here’s where it ends up

Some of it ends up here

DCRA Has Second Thoughts About Going Easy on Businesses in Dispute with Resident

But Only After ANC6B and the Mayor’s Office Get Involved

by Larry Janezich

What recourse does a resident have when his or her property is being damaged through what appears to be negligence on the part of an adjacent business?  Not much, it turns out.  A resident of D Street, SE, has suffered on-going flooding issues for ten years (since 2006) as the result of storm water runoff – primarily from the building currently occupied by Hank’s at 633 Pennsylvania Avenue, SE, but also from the two businesses on either side of the restaurant at 631 and 635.

The responsibility appears to be with the building owners – most leases make structural issues their responsibility rather than that of the tenants – and indifferent absentee landlords find the occupants of a problematic building a convenient buffer between them and unhappy neighbors.  That being said, businesses have a responsibility to be good neighbors to residents and other businesses in the community.

Ron Tomasso first complained to DCRA about the illegal construction of an addition to the building at 633 Pennsylvania Avenue currently housing Hank’s in 2006 – long before Hank’s was a lessee.  DCRA took no action, he says, and during the construction aged storm water “leads” from 633 and 631 Pennsylvania Avenue which emptied into the sewer were disconnected and the runoff was allowed to flood into the back yard of his residence which backs up to the building now occupied by Hank’s.  The problem was compounded when the eye glass business at 635 disconnected one of its two storm water leads from the sewer (because, according to Tomasso, they said their basement was flooding) sending more storm water into Tomasso’s yard.

Tomasso said he tried to work with successive lessees of the property at 633 since they were the source of most of the problem but none were receptive.  The building went into foreclosure in 2014, and was purchased by M M T Limited Partnership, which lists its address as its agent’s office in Arlington.

When Hank’s – a popular and highly successful restaurant leased the property, Tomasso said he had hopes of getting the problem solved – hopes that were encouraged by Hank’s representatives pledging to fix the flooding.  Those hopes faded as Hank’s did nothing despite Tomasso’s continued entreaties.

Tomasso then complained to DCRA, and enlisted the ANC who brought in the Mayor’s Ward 6 representative.  DCRA inspected the property in November of 2015, and nothing happened.

When ANC6B Commissioner Diane Hoskins followed up with DCRA recently to find out the status of the a more recent inspection, she found that one of DCRA’s commercial inspectors had filed the following report:

“I spoke with the bartender/manager on site of the above address 633 Penn ave se. The manager stated that the owner has scheduled contractors to come out and repair the roof. I also spoke with the staff at Eye glass shop. They stated that they had no clue of any inspection scheduled for today nor where they of any water damange. Recommend that all three cases be closed for 631-633-635 Pennsylvania ave se.”

Hoskins appealed to one of the Mayor’s Ward 6 representatives, calling DCRA’s response “unacceptable – failure of government.”  Another DCRA inspection was scheduled this past week.

As the result of the latest inspection, Tomasso told CHC that it is his understanding that citations will be mailed today.  Hoskins said citations would be sent to each of the 3 property owners, as opposed to the tenants, by U.S. Mail.  She said the citations will apparently impose a 30 day period for correction, followed by another inspection.

Tomasso says he is looking for some level of assurance that whatever fix the businesses do, it will be effective.  He noted that it is within the rights of the businesses to ask for an extension and says that he expects that, since he doesn’t think the problem can be fixed in 30 days.

ANC6B has tried to get restaurants in ANC6B to adopt best operating practices and has had success with new restaurants opening on Barracks Row.  Getting established restaurants to adopt best practices is more problematic, and ANC6B has protested the renewal of liquor licenses to pressure restaurants to correct the more egregious of neighbor complaints.  ANC6B is currently protesting Hank’s license renewal, hoping to encourage a resolution to the flooding problem and also a secondary complaint by Tomasso regarding the noisy mechanicals on the roof overlooking his back yard.  In response, Hank’s retained liquor license attorney Andrew Klein (see CHC post here:  http://bit.ly/1WPEDPy) to fight the protest.  A similar protest by Tomasso was dismissed by a finding of ABRA on the grounds that the flooding issue was not within their purview.

The fact that the ANC has to resort to such tactics points to either a failure on the part of government in enforcing the regulations or a deficiency in the regulations themselves, or both.

Some city agencies, including DDOT, DCRA, HPRB, the Zoning Commission, and ABRA have a long record of being unresponsive to resident concerns.  Some of those cases have been reported on this blog, but many cases where city agencies have all too often sided with commercial interest at the expense of nearby residents go unreported.

To be fair, there have been instances when a coordinated effort by the local ANC and a committed group of organized neighbors have produced results – for example, the multi-agency effort to address the rat problem on Eastern Market Metro Plaza.  But, too often, when it comes to a single neighbor or a handful of them going up against a popular high-revenue commercial enterprise – for example the three restaurants owned by Spike Mendelsohn on the 300 block of Pennsylvania Avenue, SE – the city gives the benefit of the doubt to the business.

Hank’s told CHC in lawyerly language:  “…Our position is that we will, as we always have done in all of our restaurants, continue to resolve, in good faith,  any legitimate issues related to our business operations…..” The language avoids addressing problems NOT directly related to business operations, but which are simply a matter of being a good neighbor.  Hank’s added they would have “no further comment until the ANC’s inappropriate threat to our license has been resolved.”

Hoskin’s response was, “Hanks has been irresponsible and will not engage to correct the problem — even after repeated requests. Being a good neighbor should be a pre-requisite for doing business. There have been years of empty promises of a solution but enough is enough.”

The Mayor’s office has not responded to requests for comment.

“The Band of the Nation’s Capitol” (click to enlarge)

300 Hill Easters Welcome the First Annual 257^th Army Band Summer Concert – Photos

by Larry Janezich

Tuesday, August 2, the 257^th Army Band comprised of members of the DC National Guard, inaugurated the first of an annual summer concert in Lincoln Park.  Conductor First Sergeant Brian D. Jones said that the Band’s annual Holiday Concert at Holy Comforter St. Cyprian’s Church (at 1357 East Capitol Street, S.E.), had proved so popular that a summer concert seemed a natural step.

DC Cuts Back Funding To Transport Residents with Disabilities – Thousands Affected

Advocates for More Options Meet with City Officials – Protest at City Council Meeting

by Larry Janezich

On July 22, DC cut back drastically on a subsidized ride service for the residents with disabilities, leaving thousands of residents of the city in need of transport assistance – in some cases on a moment’s notice.  According to an advocate Heidi Case, one rider was forced to ask strangers to help with traditional taxi fare so that she could travel home in the mid-day heat.  She had the $5 that would have covered a Transport DC ride the previous day.

Today, a group of some 25 advocates for disabled residents met with Deputy Mayor for Health and Human Services Brenda Donald and a host of DC agency officials to bring their concerns and stories to the attention of the city.

Heidi Case, a coordinator for the advocates, said the new restrictions “so invaded and changed the world of the disabled.”  She feels that today’s meeting did not seem likely to result in any change regarding how the cut backs are going to be administered this Fiscal Year ending September 30 and she is “less optimistic now that before the meeting” that the city will change the way that budget cuts are being made to the program in FY 17.  She said that officials did say they were open to talking about how the program would be administered in FY 2017.  A second meeting will  occur in two weeks.

The program in question is called DC Transit.  The city pays three taxi companies $28 for every ride given to an ADA certified disabled person.  (Until July 22, a person could go anywhere in DC, 24/7.)  Of the $24, the taxi company gets $13, the driver $15, and the driver gets another $5 from the passenger.  In the face of the funding shortfall, the taxi companies offered to reduce their cut by $5 to $8 for the company, with the driver still getting $20.  That didn’t help sway the city, which effected changes limiting the rides to medical and work purposes only, and the hours from 5:00am – 7:00pm weekdays, and 7:00am – 7:00pm, Saturday and Sunday.

The program started in October of 2014 to take disabled persons to medical appointments – a few hundred a month – and was expanded in May of 2015 to take the disabled to any location.  Last month, trips totaled more than 16,000, requiring the reduction in services.

The alternative federal ADA transportation program – Metro Access – costs passengers $3.50 – $6.50 and receives a $51 subsidy per trip, but the trip must be scheduled in advance, is a shared ride service making drop off times inconsistent.

Case says users of DC transit can live with a restriction on the number of rides per user per day under a system that allows the rides to be used for any purpose.  She challenges any of the officials to “spend one week depending on Metro Access or the Transit DC under its current operating restrictions” and that the disabled are only asking for the right to make transportation choices that others take for granted.

News reports say that this fall, the city will issue a request for proposals aimed at further outsourcing transportation for the disabled, with the goal of enlisting bids from companies like Uber and Lyft to provide para transporting services where a wheelchair is not involved.  Such a service could be in place by early 2017.

Still, that does nothing to address the immediate concerns faced by Heidi Case – who uses a wheelchair – and those for whom she advocates.  Case says that she and her determined group of advocates took their protest to the City Council on July 26, and said “we got a lot of support” citing the concerns expressed by CM Jack Evans in particular.

CHC will continue to provide updates on this issue as they develop.

The former home of Sona Creamery and Wine Bar is scheduled for re-purposing as a new restaurant

SER Spanish Restaurant Looks Like It’s Opening Outlet Near Eastern Market

by Larry Janezich

It looks like Javier and Christiana Candon intend to open a sister restaurant to SER – their hot Spanish dining experience in Ballston – on Pennsylvania Avenue, SE.  Last week, Javier Candon – co-owner of SER –  took out a building permit to remodel 660 Pennsylvania Avenue for continued use as a restaurant.  The location is the former home of Sona Creamery and Wine Bar.

SER (Simple Easy Real) opened in Ballston in March of last year, after the Candons – who had been seeking a DC location – won a competition for a location in Ballston where a developer was offering substantial incentives to locate a restaurant.  Since opening, SER has won rave reviews from food critics.

The restaurant, which the Candons co-own with famed chef Josu Zubikarai of DC’s Taberna del Alabardero, concentrates on classic Spanish dishes and home cooking rather than the standard tapas fare.

For a look at SER’s menus, go here:  http://www.ser-restaurant.com/our-menus.html

According to SER’s website, Candon’s 20 plus years of experience includes stints at several fine dining establishments both here and abroad, including Taberna del Alabardero.  The website notes, “Javier graduated with honors from Europe’s prestigious Escuela Superior de Hosteleria de Sevilla.… In his spare time, he fervently watches Real Madrid games, cooks with his favorite 5 and 8 year olds, and dreams about his next restaurant adventure with Christiana.”

CHC’s efforts to reach SER’s media contact and management for comment were unsuccessful.

Sona, which opened in February of 2014, closed earlier this year after falling behind some $100,000 in rent to its landlord Stanton Development.

Rock the Vote Crew Working the 7th and Pennsylvania Avenue Corner on Sunday afternoon. Rock the Vote is the largest nonprofit and nonpartisan organization in the United States driving the youth vote to the polls.

The Week Ahead…

by Larry Janezich

Precious little in terms of community activity is scheduled for the month.  The ANCs, the Eastern Market Community Advisory Committee, and the Capitol Hill Restoration Society will not meet again until September.  The Police Service Area Briefings (PSAs) will continue to meet during the month.  Capitol Hill Corner will continue to post notices of those and the other few meetings of interest to the community, as well as the occasional photo essay.

Readers are also invited to check out a new feature on CHC – “Life on Capitol Hill” – photos and news items which are noteworthy, but about which not enough information is available to justify a longer post.  CHC is still working out how best to alert readers to new postings in this section.  Readers can access the page by clicking on the “Life on Capitol Hill” near the top of the home page.

Wednesday, August 3

Community meeting to solicit ideas and plans for repurposing the troublesome pocket parks located at 12^th and K Streets and 23^rd Street and Potomac Avenue, SE.  Neighbors are working with the city and local representatives to put the parks to better use.  6:30pm, Potomac Gardens – use the G Street entrance, closest to 13th and G SE, and walk in and turn to the right to the community room.

Thursday, August 4

1. Police Service Area (PSA) 107 public meeting at 7:00pm in Southeast Library, 403 7^th Street, SE
2. The Historic Preservation Review Board (HPRB) will consider the historic preservation application by the owners of the building at 507 8^th Street, SE, currently occupied by the Shakespeare Theater Rehearsal Space, in order to provide a two-story roof addition on the two story building to convert it to mixed use retail, office, and residential use. 9:00am – 9:45am, at 441 4th Street NW (One Judiciary Square), in Room 220 South. The building is adjacent to the 4th Street entrance of the Judiciary Square Metro station. Unless otherwise noted, meetings begin at 9:00 am

Some of the community stakeholders who turned out for Tuesday night’s community meeting on the proposed Main Street

Seated: Market Row Association Board of Directors, (l-r), Manuel Cortes, Groovy; Terry McDonald, Scallan properties; Mary Quillian Helms, Mr. Henry’s; (not pictured) Ann Richards, Forecast. Standing is Kate Gordon, meeting facilitator

“Main Street” Designation for Eastern Market Business Corridors on Fast Track

November 1 Start Date Seems Likely

by Larry Janezich

Tuesday night, some 40 community stakeholders gathered at a community meeting in the Hill Center to hear from Manuel Cortes, Chair of the Market Row Association, that the process for creating a Main Street designation for the Eastern Market commercial environment was well underway and could become a reality by November 1.  For a previous story on the proposed Eastern Market Main Street, go here:  http://bit.ly/29QAvhj

Funding for an Eastern Market Main Street was included in DC’s 2017 budget for the year beginning November 1.   On July 8, the city issued a request for interested parties to submit applications for the creation of an Eastern Market Main Street.  The 7^th Street Merchant Row Association, which had been lobbying for the Main Street funding, is poised to submit an application by the September 8 deadline.  The city will announce a decision on the application in October for a program start date on November 1.

If the application is approved, on November 1, $200,000 in funding will become available and the organizing of the governance structure and hiring of staff for the Main Street can begin. The city provides guidelines for the spending of the $200K, with $80,000 specified for administration (salaries and rent), $80,000 for promotion of the business district, and $40,000 for training an executive director, staff, and the board of directors.

Renewable annual funding is available in subsequent years, the amount depending on budget priorities; in recent years, the allocation has been $125,000, with $87,500 designated for promotion and $37,500 for salary of the executive director.

According to Martin Smith, Executive Director of Barracks Row Main Street, funding to cover other expenses must be raised by additional grants from city agencies, grants from private foundations, fund raising events (such as Barracks Row Fall Fest), and an annual campaign for donations.  Smith emphasized that there are no mandatory fees, dues, or assessments from businesses making up the Main Street.

ANC6B, as previously reported, voted to support the Main Street proposal earlier this month.  On Wednesday night, the proposal was discussed at a meeting of the Eastern Market Community Advisory Committee (EMCAC).  The Committee voted unanimously to ask the Board of Directors for the 7^th Street Market Row Association to meet with EMCAC within the next two weeks to discuss:

1. The name of the proposed Main Street (Eastern Market merchants and vendors want a name that will make a distinction between Eastern Market as an entity and the proposed Main Street. One suggestion put forward was “Eastern Market Row Main Street”.)
2. The conditions under which Eastern Market vendors (and the Saturday and Sunday flea market vendors) would participate.
3. The respective roles of EMCAC and the new Main Street governance organization.

Another issue raised at Tuesday night’s community meeting – on behalf of residents – was a desire for more efficient communication between the proposed Main Street and residents.  Cortes suggested that a task force could be created to facilitate communications, and Smith offered that residents participate on the key committees common to each Main Street organization, i.e., Promotion, Design, and Economic Development.

Donna Scheeder, EMCAC Chair, also told attendees at Wednesday night’s meeting that the report of EMCAC’s Market Operations Committee on a proposed 5 Year Plan for Eastern Market had been forwarded to Chris Weaver, the Director of the Department of General Services.  It is uncertain how that plan will play out now in light of the Main Street proposal.

For the CHC post on the 5-Year Plan, go here:  http://bit.ly/1XAprrP

A dramatic sky heralds the arrival of heat wave. Tuesday, c. 8:00pm.

The Week Ahead….Wednesday: A Timely Discussion of Race in our Community

by Larry Janezich

Monday, July 25

CANCELLED:  ANC6A Community Outreach Committee meeting has been cancelled.  The next meeting of the COC will take place on Monday, August 22, at Maury Elementary School, 1250 Constitution Avenue NE.

Tuesday, July 26

Community Meeting on a Proposal for an Eastern Market Main Street organization, 6:30pm, Hill Center.  See here:   www.easternmarketmainstreet.org

Wednesday, July 27

1. Eastern Market Community Advisory Committee meets at 7:00pm in North Hall, Eastern Market.

Among items on the agenda:

Report from the Market Operations Committee meeting to review the plan to

undertake a study for a 5 year plan for Eastern Market

2. A Timely Discussion Of Race In Our Community‏, 7:00pm – 8:00pm, Liberty Baptist Church, Liberty Baptist Church, 527 Kentucky Avenue, SE.

Liberty Baptist Church will host the first of a series of six monthly meetings to discuss race in our community.  The dialogue will be guided by members of Coming to Table, an organization dedicated to facing and uncovering history, making connections, working toward healing, and working for racial justice.

RSVP: karenbranan@gmail.com

“Cootie” a Red Bellied Cooter Turtle, after Rehabilitation by City Wildlife

A summer camp group in Kinston Park gets a lesson in herpetology

Paula Goldberg, Executive Director of City Wildlife

Preparing for launch

There’s no place like home

Injured Wildlife?  Here’s What You Do – City Wildlife Saves “Cootie” the Turtle – Photo Essay

by Larry Janezich

You probably don’t know about City Wildlife, but it’s an organization created in 2007 to address the need for wildlife rescue and rehabilitation in Washington, DC.  Each year hundreds of wild animals in DC are unintentionally harmed by people and the urban environment.  In general, if you can approach a wild animal and it does not run or fly away, it probably needs help.  Check their website to determine if the animal needs to be brought to a wildlife rehabilitator.  www.citywildlife.org

That’s what former ANC6B Chair Neil Glick and his partner Boone did, when they found an injured Red-bellied Cooter turtle on the Anacostia bike trail.  After rehabilitation by City Wildlife, the turtle – which Glick named “Cootie” – was returned to the Anacostia River in Kingman Park last Friday. According to Glick, there were at least 5 summer camp groups in the park, and Paula Goldberg, City Wildlife’s Executive Director, showed the turtle to each group in turn, eliciting from each, a “Good Luck!” wish to the turtle.

According to the City Wildlife website, Goldberg joined City Wildlife staff in February 2014 after five years on the Board of Directors.  Having served for several decades as a health care provider in the world of human medicine, she now applies her medical skills and expertise to advance urban wildlife rehabilitation.  Goldberg also volunteers at the Smithsonian’s National Museum of Natural History and pursues natural history field studies and educational programming on her own locally and in New England.  She is a licensed Master Wildlife Rehabilitator (MD).

Andromeda Clinic in Hill East to Open July 30 Over Protests of ANC Commissioners

by Larry Janezich

According to ANC6B Commissioner Chander Jayaraman, fliers were distributed yesterday announcing the grand opening of Andromeda substance abuse recovery and mental health clinic on July 30.  CAN Commissioners Jayaraman and Krepp met with the Director of the Department of Behavioral Health on Monday and Jayaraman requested that DBH withhold approval for Andromeda to begin operations until his appeal of the occupancy permit before the Bureau of Zoning Adjustment was decided.  (See CHC post here: http://bit.ly/2a6yIGR

Reacting to the announcement, Jayaraman said, “In my opinion, it is another example of how District agencies regularly ignore the concerns of the tax paying residents.  This is unacceptable.…’

CHC asked Krepp for comment, and she replied, “Yet again, DBH gives neighbors the middle finger instead of a helping hand.

DBH Director Royster told Commissioner Jayaraman and me on Monday to FOIA information regarding Andromeda’s services instead of willingly sharing it with those that live next to the new facility. Furthermore, she didn’t even have the decency to tell us on Monday that the facility will be opening next week.

The director’s continued gross incompetence makes me question why she was hired in the first place.”

Jayaraman said that it was his understanding the CM Charles Allen had not been informed on the imminent opening of the facility.  The commissioner said that he had – this morning – reiterated his and Krepp’s request that the Director use her authority provided under DCMR regulations to not permit Andromeda to begin operation until the BZA case has been heard.

Photo dates from summer 2013 – by the time the playground was dismantled by DPR in early June of this year, it had grown to three times the size pictured above.

Removal of “Guerrilla Playground” Worsens Park Conditions Near Eastern Market Metro

by Larry Janezich

The park at 9^th and D near Eastern Market Metro Plaza has been the site of an uneasy stand-off between neighbors who support its use as a playground and a number of homeless persons, substance abusers and drug dealers who find the park a convenient location for loitering, consuming and dealing.

Recently, as part of an effort to clean up the park, the Department of Parks and Recreation – citing city liability issues – removed the rag-tag assortment of plastic toys contributed by neighbors which attracted a population of children and their care takers to the park daily.  The collection drew scorn from some neighbors as being unsightly and the approval of others who cited the need of a place for children to play and interact.  Regardless of the aesthetics, the playground kept the loitering and drug related activities confined to the north side of the park.

The result or removing the toys, say many neighbors, is that loiterers and drug users have expanded into the area where the children used to play, and conditions in the park have become much worse – to the point where some residents avoid walking through it.

ANC6B’s Outreach and Constituent Services Committee, chaired by Commissioner Jennifer Samolyk,  met last night with a number of residents, community stakeholders and city officials to brainstorm how to take back the park.  Among those in attendance at the meeting – in addition to commissioners Samolyk, Oldenburg and Hagedorn – were Carl Reeverts from Eastern Market Metro Community Association, Captain Beach and Lt. Black from MPD, and representatives from the Department of Parks and Recreation (DPR), Barracks Row Main Street (BRMS), Near Southeast Community Partners (NSCP), and Community Connections.

A consensus emerged that re-establishing the park as a playground with equipment approved by DPR is a top priority.  As you might suspect, this isn’t easy.

Martin Smith, Executive Director of BRMS, is behind an effort to create a non-profit “Friends of the Park” to create an entity to receive funds and coordinate improvements and maintenance for the park.  But IRS sanctioning of non-profits is reported to be a slow process in a climate where the agencies’ funding has been cut by Congress the agencies has had to prioritize its activities.

Residents say that an interim solution would be for MPD to be more aggressive in displacing the drug users who use the park (even though that probably means moving the problem to the green spaces between 4^th and 6^th Streets on either side of PA Avenue, recreating the problem for nearby neighbors there).

Captain Beach responded that he was willing to walk the park himself, but that there is little point in arresting users of K2 (a catch-all term for smoke able synthetic drugs with continually changing chemical formulas to stay ahead of the law) since it is impossible to prosecute.  He noted that other, more troublesome parks – ones where gunshots are frequently reported – have a higher priority and that 40 – 50 calls MPD receives per day asking police to respond to an unconscious person – many who have overdosed on synthetic drugs – drains resources.  MPD reminds residents frequently that there is no law against loitering.

Martin Smith said BRMS would work with DPR to determine what playground equipment would meet DPR standards and pursue funding for purchase and installation of equipment, with the goal of moving forward in the next couple of months.

A possible source of funds is from a pool of money CSX has made available to the community as part of a benefits and amenities package in connection with construction of the new CSX tunnel along the Southwest Freeway.  Another source might be the $75,000 ANC6B negotiated as part of the benefits and amenities for the community from the Hine developers.  That money must be transferred by the developers before a certificate of occupancy is issued for the project.

Other ideas offered as a way to fill the park space with community activities included MPD meet-and-greets, making it a Pokémon Go site, and publicizing a schedule for park maintenance park so any toys which re-appear can be removed before being cleaned up by DPR.  (One large plastic playground structure has already appeared since the clean-up.)  In addition, there was general agreement with a suggestion of Samolyk that the group meet regularly, possibly under the aegis of a new ANC6B Task Force on oversite of the park.