CAPITOL HILL CORNER

Community Connections Wants Part Time Primary Health Care Facility

And Some Surprising Facts About Community Connections

by Larry Janezich

Tuesday night, ANC6B’s Planning and Zoning Committee sent Community Connection’s (CC) request for support for a part time primary health care office in its operation to the full ANC for a final decision.  It appeared that the Committee was poised to give a qualified “no objection” to the plan, contingent upon CC’s continuing commitment to resolve some of the social and behavioral issues associated with some of their clients who linger near Eastern Market Metro Plaza before and after visiting the facility at 801 Pennsylvania Avenue, S.E.

CC representatives appeared before the committee Tuesday night to support their plan for the primary health care office to serve an estimated 5 – 9 of their current clients per day.  A Department of Health “Certificate of Need” is necessary, and CC is seeking ANC6B’s endorsement of the document.

Several members of the Planning and Zoning Committee said they were conflicted.  While recognizing the needs of CC’s clients for primary health care, they said they were concerned about a possible increase in client traffic that would contribute to the problems which have recently plagued the 8^th and Pennsylvania Avenue, S.E., intersection.  To those concerns the CC representatives say that the facility is at capacity now, that their client’s limited financial resources for transportation will discourage frequent use, and that the additional health service is not a lucrative one which would encourage expansion.

That intersection is home to a traffic hub with four nearby carryout food outlets, a mobile hotdog stand, a nearby 7-11, a singles-selling liquor store, and considerable public greenspace.  The crowd that occupies the setting is comprised of those waiting for public transportation, school students traversing the area, a population of homeless persons who sleep in doorways of businesses (including the Post Office), and a number of CC clients – probably fewer than 15.  Moving through the crowd is a constant stream of patrons of businesses and food and drink venues on Barracks Row.  This adds up, in the words of resident member and former Commissioner Ivan Frishberg, to “an unhealthy environment” that adversely affects both the community and the CC clients.  The worst behaviors include intoxication to the point of unconsciousness, drug use, public urination, at least one public sex act, panhandling – and drug dealing.

CC representatives say they are very aware of the issues which some of their clients bring to the neighborhood and are trying to resolve those issues and to deepen their engagement to the community.  To that end, CC is working with group of 8th and Pennsylvania Avenue stakeholders and CM Charles Allen as well as ANC6B.  (See here: http://bit.ly/1jQB0sR)

Commissioner Kirsten Oldenburg, Chair of ANC6B, in whose single member district CC resides, came down firmly in support of the Certificate of Need.  She termed the request for an endorsement “benign” while acknowledging the problems in the neighborhood.  Oldenberg said, “If we turn this down, I don’t think we’ve advanced dealing with the problems….and then what?”  And apparently in response to one resident who questioned whether CC should be in the community, she added “We don’t have the capacity to kick Community Connections out of their own building.”

In the end, the Committee voted to forward the question to the full ANC which meets next on Tuesday, November 10th, at Hill Center.  In the meantime, Oldenberg said she would draft a letter for the Commission to consider.  It appeared likely that the letter would say that the ANC has no objection to the Certificate of Need, but will note the number of issues associated with Community Connections that are of concern to the community as well as the expectations of the community with respect to CC’s continued participation in resolving these issues.

CC has – some believe – deliberately kept a low profile in the community which has contributed to a wide misunderstanding in the community about what they do.  CC is a mental health services provider funded in part by the city and one of the default providers of services following the deinstitutionalization of mental health care under the Reagan administration. Some of the points about Community Connections which were revealed or asserted by representatives last night include:

Community Connections is not a methadone clinic

They have upwards of 400 employees, the majority of which interact with clients off site in the clients’ homes, in doctors’ offices, or at Social Security offices:  60% of CC’s work takes place off site, 40% on site

More than 100 employees work at the 801 Pennsylvania Avenue location, including medical personnel, administrators, accountants, and property managers

Their clients come from across the city and are referred by the DC Department of Behavioral Health (at 64 New York Avenue, NE) which gives clients a choice of which mental health care provider they want to go to

Both Yes! and Baskin-Robbins are tenants of CC and occupy parts of the CC Building – which is owned by CC

The Eastern Market Community Advisory Committee (EMCAC) is conducting a market research study to learn the preferences of customers.  The results of the survey at circa 12 noon for Saturday, October 31 are as follows.

The Week Ahead … And the How, When, What, and Where of Eastern Market Shoppers

By Larry Janezich

The Week Ahead….

Monday, November 2

1. ANC 6C ABC Committee meets at 7:00pm, at Kaiser Permanente Capitol Hill Medical Center, 700 Second Street, N.E.

Among items on the agenda:

Sugar Factory, 50 Massachusetts Avenue, N.E.  – modification to Settlement Agreement

XO 15 K Street N.E., 237 2nd Street, N.W., Seeking new tavern liquor license(s).

Updates on Old Business:  Po Boy Jim’s (709 H Street N.E.), The Alibi (237 2nd Street, N.W.), Toscana Café (601 2nd Street, N.E.)

2. CHRS Historic Preservation Committee meets at 6:30pm, Kirby House, 420 10^th Street, S.E.

Tuesday, November 3

1. ANC6B Planning & Zoning Committee meets at 7:00 p.m., in the cafeteria at St. Coletta of Greater Washington, 1901 Independence Avenue, S.E.)

Among items on the agenda:

761 10th Street, S.E. – Request for a special exception of the Zoning Regulations to allow a two-story rear addition and a two-story garage addition to a row dwelling not meeting the zoning requirements for lot occupancy at 761 10th Street, S.E.

DOH Certificate of Need (for primary care facility), Community Connections, 801 Pennsylvania Avenue, S.E.

Rock ‘n Roll DC Marathon scheduled for Saturday, March 12, 2016.

PUD Subcommittee Report to the Planning & Zoning Committee

2. ANC6C Parks and Events Committee meets at 7:00pm, at Kaiser-Permanente Capitol Hill Medical Center, 700 2^nd Street, N.E.

Rock N Roll DC Marathon scheduled for Saturday, March 12, 2016.

Improving Public Transparency – Discussion of ways to keep the public better informed of the work of ANC 6C and its committees.  [

Wednesday, November 4

1. ANC6B Transportation Committee meets at 7:00 p.m., Hill Center.

On the agenda:

Virginia Avenue SE Streetscape, CSX Virginia Avenue Tunnel project, Special Public Space Committee hearing—November 12, 2015

2. ANC 6C Planning, Zoning, and Economic Development Committee meets at 7:00 pm at Capitol Hill Medical Center/Kaiser Permanente 700 Second Street, N.E.

Among items on the agenda:

400 K Street, N.E. – Revised application of Tiblez Adal for a variance from the nonconforming structure requirements to allow a substantially-completed two story carriage house to be adaptively restored as an artist studio.

301 Florida Avenue N.E. – Informational presentation by 301 Florida Manager LLC on its application for the consolidated review and approval of a Planned Unit Development (“PUD”) and related zoning map amendment to rezone the property from the C-M-1 District to the C-3-C District. Applicant proposes to raze the existing building to build a mixed-use building composed of retail and residential uses. The project will have a density of 7.57 floor area ratio, will include a total of approximately 66,010 square feet of gross floor area, and will have a building height of 101 feet (eight stories).

Thursday, November 8

1. ANC6B Alcohol Beverage Control Committee meets at 7:00pm, Hill Center.

Among items on the agenda:

L Street Market, 7th & L Streets, S.E., Settlement Agreement Revision (change of Sunday closing from 7:00 pm to 9:00pm).

Café 8, 424 8th Street, S.E., Settlement Agreement Revision (change in operation/sales & consumption hours)’

Starbucks Coffee, 237 Pennsylvania Avenue, S.E., new Retailer’s Class “D” Restaurant license (beer and wine).

Bullfrog Bagels, 317 7th Street, S.E’, new Retailer’s Class “C” Restaurant license.

2. ANC6C Transportation and Public Space Committee meets at Kaiser Permanente, 700 2nd Street, N.E.

Among items on the agenda:

D3 Bus Route Removal – WMATA is planning to remove the D3 bus route, which runs from Ivy City down West Virginia Avenue to K Street, then along K Street to Farragut North and then to Dupont Circle. A representative from WMATA will be on hand to discuss ridership and feedback from the public comment period, and to hear from community members.

NoMa Underpass, M Street, N.E. – art installation.  Public space occupancy permit for art installation under the train tracks at M Street, N.E., by the south entrance of the NoMa Metro station.

6th & H Street Bar and Grill – application for enclosed sidewalk café.   Plans include tables and chairs with umbrellas, fenced enclosure, no awning or cover. PENDING CONFIRMATION FROM APPLICANT.

1200 block of 4^th Street, N.E. – Planned Parenthood construction in public space application.  Planned Parenthood is redeveloping the warehouse next to Two Rivers Charter School and will be presenting their project and public space elements of the new facility.

3. PSA 107 meets at 7:00pm in Southeast Library, lower level.
4. Friends of Southeast Library meets at 5:30pm in Southeast Library, lower level.

Saturday, November 7

1. Capitol Hill Art League Annual Small Works Art Sale: “Good Things Come in Small Packages” opens, 3–7pm at CHAW, 545 7th Street, S.E.

“Shoppers and art enthusiasts will find unique, one of a kind pieces – pottery, glass, wall art, photographs, original notecards, and craft items. Hundreds of pieces of art will be offered in an easy-to-view display space. Customers who purchase art are offered free wrapping services so a gift purchase is ready to present.”

For more information and the CHAW hours of operation, contact CHAW at 202-247-6839 or www.chaw.org

The Capitol Hill Arts Workshop (CHAW) is a community-based, not-for-profit arts organization founded in 1972. The CHAW facility includes a dance studio, visual arts studio, Black Box Theater, art gallery, complete ceramics/pottery studio, a photography darkroom (the only “open” darkroom in D.C.), and private music instruction studios. CHAW representatives will be present to provide information on their art programs for children and adults.  Website: www.Caphillartleague.org

Hine Coalition Files Freedom of Information Act Request for ANC6B Documents

Large Loophole in Act Will Protect Many Documents

by Larry Janezich

Members of the Hine Coalition – a group of Capitol Hill residents who sought to have the Zoning Commission’s approval of the Hine Project overturned – have filed a Freedom of Information Act Request, seeking emails and documents related to ANC6B’s consideration of the Hine Project.

Between 2011 and 2013 ANC6B was actively considering and/or voting on matters related to the Hine project.  Since then, while there has been no Hine business before the ANC, the Hine Coalition unsuccessfully appealed the Zoning Commission’s decision through the courts.

ANC6B held a “Special Call” meeting on Wednesday night to discuss the FOIA.  Present at the meeting in an advisory capacity was Gottlieb Simon, Executive Director of DC’s Office of Advisory Neighborhood Commissions.

Prior to the meeting, Simon told CHC that FOIAs are being filed for ANC documents across the city with increasing frequency.  Typically, he said, a FOIA does not result in benefit for the requestors.  This could be because of a very large loophole in the Freedom of Information Act called the “deliberative process exemption.”  The provision essentially allows government agencies to withhold from disclosure anything that would have a chilling effect on deliberations among members or staff of an agency (including the ANC), or between two government agencies.  The exemption would not appear to apply to emails or documents between the ANC (or individual commissioners) and the developer (Stanton-Eastbanc) or other individuals.  The language of the DC FOIA exemption is identical to that in federal law and reads as follows:

(4) Inter-agency or intra-agency memorandums or letters, including memorandums or letters generated or received by the staff or members of the Council, which would not be available by law to a party other than a public body in litigation with the public body.  A complete list of exemptions can be found here: http://bit.ly/1KKPQXz

When the special call meeting convened on Wednesday night, ANC6B Chair Kirsten Oldenburg – who has been one of the strongest supporters of the Hine redevelopment – characterized the request as “a very broad request for emails and documents from January 2011 to the present … to my mind, a bit vague.”  Several of those named in the request have left the commission, having not sought re-election.

Simon said he had contacted the requesters and asked them to narrow their request, but to date had received no response.  He added that he thought his additional comments would better be conveyed in executive session.  The ANCs can go into executive session – which means excluding outsiders – only to discuss personnel and legal matters.

With that, Oldenburg declared that the meeting was in executive session and everyone except the commissioners and Simon left the room.

Chair Oldenburg subsequently told CHC, “While the ANC took no formal action at the meeting, there was a definite consensus among the Commissioners present that we fully accept our responsibilities to fulfill our obligations under the Freedom of Information Act.”

A copy of the FOIA request follows:

To: Kirsten Oldenburg, ANC6B Chair

October 19, 2015

Cc: Hine Coalition

Subject: FOIA Request – ANC6B

Dear Chair Oldenberg:

This Freedom of Information Act request for information is made pursuant to the District

of Columbia Freedom of Information Act, DC Official Code §§ 2-531 et seq., on behalf

of the Hine Coalition. We request a waiver of any fees associated with this request,

because the information requested is primarily for the benefit of the general public. See

D.C. Code § 2-532(b). In addition, we request that materials produced in response to this

request be in electronic format such as a PDF file or another Miscrosoft Windows

compatible file, where such files exist, and otherwise in hard copy. We also request prior

notice to production if any costs will be charged to us.

We request the following records:

1. All emails from January 2011 to the present time sent or received from

ANC6B, but not limited to Kirsten Oldenburg, Brian Pate, Ivan

Frishberg, , Kennan Jarboe, Norm Metzger and all ANC

commissioners in office at the time period, related to the terms “Hine Junior High

School,” “Hine School Development,” “Hine PUD,” “DMPED,” “Deputy Mayor for

Planning and Economic Development,” “Stanton-EastBanc, LLC,” “SEB,” “EastBanc,”

“EB,” HPRB, or “Historic Preservation Review Board” in the subject or body of the

mail. This includes all emails from January 2011 to the present time sent or received

from ANC6B to or from Hine School Development, Hine PUD, DMPED, Deputy Mayor

for Planning and Economic Development, Steve Hagedorn, Stanton-EastBanc, LLC,

SEB, EastBanc, EB, Historic Preservation Board, HPRB, the Office of Councilmember

Tommy Wells, or the Executive Office of the Mayor. We are requesting all emails,

whether they were sent on ANC or non-ANC accounts.

2. All documents, whether electronic or non-electronic, that mention the Hine

Junior High School, Hine School Development, Hine PUD, Stanton-EastBanc, LLC,

SEB, EastBanc, EB, HPRB, DMPED, or the Executive Office of the Mayor.

The Hine Coalition is submitting this FOIA request in the interest of government

transparency. If this request requires any clarification, please do not hesitate to

contact me.

Sincerely,

Marcella M. Hilt

For the Members of the Hine Coalition

Analysts Tell Hill East Any New Stadium Would Come at Expense of City Needs

NPS’ Peter May Cites Legal/Financial Hurdles

by Larry Janezich

Representatives of the DC Fiscal Policy Institute (DFPI) told ANC6B’s Hill East Task Force a new stadium at RFK would come at the expense of the city’s schools, transportation, affordable housing and health care.   The group is a private advocacy organization that conducts research and public education on budget and tax issues in the District of Columbia, with a particular emphasis on issues that affect low and moderate income residents.  Executive Director Ed Lazere and Policy Analyst Wes Rivers responded to an invitation to address Hill East residents.

Rivers told the Task Force that the oft-touted associated economic benefits supposedly accruing from building a stadium in the city are not borne out by “study after study” which shows that there is “zero impact on jobs and income for the cities that invest in stadiums.”

Lazere stressed the opportunity costs which come with any city subsidization of a new stadium, saying, “If the goal is economic development, don’t spend money on a stadium.  Every dollar put into a stadium is a dollar that could go somewhere else. “

So, why do cities build stadiums?

Rivers said that stadiums are built because people buy into the argument that stadiums create economic development, because politicians like to “snag” sports teams and have big buildings to point to as a tangible accomplishment, and because team owners are adept at playing off one locale against another (if not for the actual siting, then for cutting a deal most favorable to the owner).

During Q&A, former ANC Commissioner Francis Campbell wondered whether a renewed lease could somehow be used to leverage development of Reservation 13 (here after referred to as Hill East Waterfront).  Lazere replied that big stadium deals are with big corporations in the business of making money, and it is hard to negotiate much.  Lazere then turned to NPS official Peter May who was in the audience and asked if he would like to comment.

May, who said that he was there to hear the presentation rather than answer questions, none the less explained the NPS lease of the RFK site, saying that Congress directed the Secretary of the Interior to enter into a 30 50 year lease with DC for the site in 1988.  May, as Associate Regional Director for Lands, Planning and Design for the National Capital Region, is responsible for administering the lease.  The lease allows use of the land for a stadium, parking, recreation, and related uses.  He said any change in the use of the land would require an Environmental Impact Statement.  “The real rub,” he said, “is that the lease only runs until 2038 – not long enough to allow financing, either by the city or a private entity.**  Proceeding with a plan for a new stadium is not practical without renewal of the lease…that would require an act of Congress.”

May noted that when the Mayor requested the Secretary of the Interior to support legislation extending the lease, his boss – Robert A. Vogel, regional director of the Park Service – told Bowser on behalf of the Secretary that “NPS will not take a position in support of such an extension at this time.”  It has been widely reported that the Park Service – which also oversees treaty relationships with the nation’s Native American tribes – will not consider a lease renewal while the Washington football team bears its current name.

That knowledge prompted ANC6B Commissioner Brian Flahaven to express his concern that team owner Dan Snyder would concede to a name change which would clear the way for the lease being renewed.  (The Washington Post has reported that renewing the lease is unlikely to be an administration priority in the remaining months of the Obama administration.)

The DFPI team told the Hill East residents that if a stadium becomes inevitable, the community should organize to insist on a community benefits package (similar to what developers provide to communities in exchange for zoning changes) and this involvement should begin and be maintained throughout the process before a deal is on the table when it’s harder to bring up opportunity costs.  The city has not been aggressive in wringing concessions from team owners, leaving it to residents to bring community pressure for benefits.  Rivers said that the past two stadium deals have not resulted in any economic benefit package for the community.

Snyder is anxious to move out of the problematic FedEx Field when his lease expires in 2026, and both Maryland and Virginia are trying to woo Snyder for siting the team in those states.

**Ed. Note.  Presumably, financiers would want to see guaranteed occupancy in a new stadium for the length of time sufficient to repay the loan.  As was apparent in the recent case of the proposed development of the Boys and Girls Club in Hill East, the 25 year lease the Department of General Services offered to developers effectively precluded private financing and pre-determined that the project would have to depend on LIHTC – Low Income Housing Tax Credit financing.

The Week Ahead… And Residents Organize to Address Crime on Capitol Hill

by Larry Janezich

More than fifty Capitol Hill residents met Sunday afternoon at Bayou Bakery to discuss what they could do independent of government to address crime in the neighborhood.  The organizing effort came after a weeklong thread of discussion of crime on the newhilleast listserv and growing alarm by residents at a string of robberies and shootings.  Related to these concerns, MPD believes that earlier this week they apprehended a group responsible for many of the robberies.

The organization – called “Citizens for a Safe Capitol Hill – was the brainchild of Hill resident Sarah Stumbergs, who said that 200 people had responded to a solicitation to assess the interest in signing on to the initiative.

At the initial meeting, which was attended by Ward 6 representative from the Mayor’s office Seth Shapiro as well as ANC Commissioners Chander Jayaraman and Daniel Chao, residents discussed the various problems, brainstormed ideas for action, and were asked to commit to teams organized to take specific actions.   One of the group’s top priorities is to facilitate communication among members of the group and target venues where the group can voice its concerns.  One attendee spoke of the importance of making sure the group was representative of the neighborhood and stressed the effectiveness of a diversity of perspective.  Following is the link for signing up with Citizens for a Safe Capitol Hill:  http://goo.gl/forms/1p7xTXpCrJ

The Week Ahead….

Monday, October 26

ANC 6A Community Outreach Committee meets at 7:00pm, Maury Elementary School, Multi-Purpose Room, 1250 Constitution Avenue, NE (Enter from 13th Street).

Among items on the agenda:

ANC 6A Grant Application and Instructions – Review for Community and Organizations

Grant Outreach

Tuesday, October 27

1. ANC 6B’s Executive Committee meets at 6:30pm at Hill Center to set the agenda for the November meeting of ANC6B.
2. Community Meeting on Public Safety, hosted by CM Charles Allen at 7:00pm, Friendship/Chamberlain Public Charter School, 1345 Potomac Avenue, SE. Deputy Mayor of Public Safety Kevin Donahue and Chief of Police Cathy Lanier will attend.

Wednesday, October 28

1. ANC6B Hill East Task Force meets at 7:00pm at St. Coletta of Greater Washington (1901 Independence Ave SE). The task force will discuss the future of the RFK Stadium site and hear a presentation from Ed Lazere, executive director of the DC Fiscal Policy Institute.
2. ANC6B will hold a Special Call Meeting at c. 8:30pm at St. Coletta of Greater Washington, immediately following the Hill East Task Force Meeting above to discuss the commission’s response to the Freedom of Information Act request submitted by the Hine Coalition .

The agenda includes:

Overview of the Hine Coalition Freedom of Information Act Request

Discussion of ANC 6B Response Plan

Funding for Technical Assistance

Friday, October 30

The Corner Store at 900 South Carolina will host the opening of an exhibit by French artist Beatrice de Chevron Villette from 6:00pm – 8:00pm.

50 Plus Capitol Hill Residents Meet With CM Charles Allen On Crime

Chief Lanier Sends More Resources To 1^st District After Touring Capitol Hill Yesterday

by Larry Janezich

This morning, Charles Allen met for more than two hours with 50 plus Hill East residents who came to Curbside Café at 15^th and C Streets, SE, to express concern about the continuing violent crime – mostly robberies, many of them with a gun – on Capitol Hill.  Allen asked 1^st District Commander Jeff Brown and 1 District MPD Lt. Eddie Fowler to attend and Brown gave an update on MPD’s efforts to address crime.

(Shortly after the meeting, about 10:20am, MPD responded to a shooting at 1300 Pennsylvania Avenue, SE.  The victim sustained a gunshot wound to the leg and was transported to the hospital in a private vehicle.  Police say that the shooting may have been the result of a traffic altercation between the victim and the suspect at the Sunoco Gas Station.)

Brown told the crowd that Chief Lanier had summoned him yesterday and said, “Here’s the keys – you’re driving.  I want to know what’s going on on Capitol Hill.”  Brown said that he and the Chief drove Capitol Hill for three hours, touring hotspots – H Street, Hill East, and Barracks Row.  Brown told the Chief that his force was stretched too thin.  At the end of the tour, the Chief authorized overtime for officers of the 1^st District, said she would shift some additional resources to Capitol Hill and suggested that bike officers be encouraged to use the overtime to increase their presence on the streets.

Brown also told the crowd that a string of robberies such as Capitol Hill has experienced recently is usually caused by one or two groups of individuals, and that work from the MPD Intelligence Unit had paid off yesterday when 1^st District officers pursued a group of five robbery suspects into the 6^th District where they were arrested.   He also said that one of the two suspects involved in the mid-day armed robbery at 9^th and East Capitol had been arrested in the 6^th District.  According to Brown, 90% of the violent crime in the 1^st District is being committed by individuals from outside the community.

Brown noted that though the force has an authorized level of 4200 officers, the current level is 3800 – down 400 officers.  There are 170 cadets in the academy, but it will be a year before they are on the streets.  Recruitment is problematic:  only 1 out of every 300 applicants is selected to join the force and many officers who join the force are recruited away by other police forces offering better pay and/or benefits.  In addition, he said, the force is facing the crisis of a “retirement bubble” with many officials and officers becoming eligible for retirement simultaneously.

Prior to Brown’s arrival at the meeting, Allen told attendees that MPD was failing to communicate to the community the measures they were taking to address crime.  He said, “You say your adding overtime, new officers, and new bike units, but I’m not seeing it and I’m not feeling it.”  He urged MPD to experience the community in a different way by getting officers out of the cruisers and into the neighborhoods.  He said he was also working on a package of legislative initiatives with CM McDuffie, Chair of the City Council’s Committee on the Judiciary.  Some of the elements under consideration include incentives for home crime cameras, more funding for recreation centers, more funding for street lighting, a stricter pre-trail hold policy, and reforming the 911 Call Center.

Hill East activist Jim Meyers told Brown that he was “horrified” at the demise of the PSAs, saying that when police had failed to show up for a recent PSA 108 meeting, the attendees engaged in a discussion of how to collectively address crime issues on their own, and it was “one of the best PSA’s” he’d attended in years.  He asked Brown, “Is community policing dead?”

Brown said that community policing is not dead and stressed the importance of revitalizing the PSAs and involving the ANCs.  He said that the PSAs which should be one of the main ways the MPD gets information out to the community.

Allen announced that he will host a Community Safety Meeting with Chief Lanier next Tuesday, October 27, from 7:00pm until 8:30pm, at Friendship Chamberlain Charter School, 1345 Potomac Avenue, across from Harris Teeter.

Business Community Meets Again on Safety Issues Near Eastern Market Metro

by Larry Janezich

This morning, representatives of more than a dozen community stakeholders, ranging from businesses, to MPD, to ANC6B, to Community Connenctions, to the Capitol BID met at Hill’s Kitchen near 8^th and Pennsylvania Avenue, SE, to discuss safety issues.  Hill’s Kitchen owner Leah Daniels has been the prime mover in organizing a response to the quality of life crimes which have come to define the 8^th and Pennsylvania Avenue, SE, commercial intersection.  The problems Daniels cited included vagrancy, trash, drug activity, public urination and public sex acts.

The issues were first aired at a similar meeting with CM Charles Allen on September 21 (http://bit.ly/1jzL4H5) and Allen reconvened the group to report on steps which have been taken to address the problems.  Two of the factors that Allen cited which are perceived as contributing to creating a negative environment on the corner are the clients of mental health provider Community Connections and students from both Cesar Chavez Charter School and Eastern High School.

With respect to the students, Allen credited Cesar Chavez administrators for instituting school staff participation in the after school safe passage program, whereby staff maintain a presence on the street between the school and Eastern Market Plaza to monitor student behavior after school.  Allen also commended the follow through by Eastern High School principle Rachel Skerritt in identifying students involved in a flash mob robbery of the Barracks Row 7-11 (http://bit.ly/1KGitvH), intervening with each of the students, and requiring those involved to visit the store with their parents to apologize to the manager.

MPD First District Captain Mark Beach addressed the group telling them of his strong commitment to bring improved community policing to the First District, ensuring his officers get out from behind the wheels of their cruisers to interact with businesses and residents.  He said his officers “are being tasked with becoming part of the community and they’re doing so,” and that he engages in a dialogue with his officers to determine what extent they are participating in the community, asking for specific details on who they have interacted with.

Beach said that police work is being hampered by a “mental health crisis” which is exacerbated by those self-medicating with synthetic drugs.  The resulting unconsciousness is a huge problem for MPD and DCFD, he said; MPD gets “25 or 30” calls a day asking for a first responder, sapping police resources.  Nonetheless, he urged residents to overcome the feeling of reluctance to call 911 when there is not a life or death emergency and to call for quality of life crime issues.

Some business owners complained that when they called 911, police response was slow and  police were nonchalant when they did arrive.  One said, “I’m calling but MPD is not doing anything.”  Beach said in such cases, he could be called directly, and gave the group his cell phone number.  He also claimed that part of the problem on response time is the troubled Office of Unified Communications (OUC) – the    call center – which he pointed out is not part of the MPD.  CM Allen agreed and said that the call center was the subject of recent Council hearings undertaken in an effort to better understand the unit and to make in more efficient.

Community Connections’ (CC) Chief Clinical Officer Dr. Dave Freeman said CC has conducted a survey of the area around 8^th and Pennsylvania, and identified 12 CC clients who frequent the intersection and who need additional intervention.  He described the steps that CC is taking to provide additional help to these individuals and to get them off of the streets.  He stressed that the assistance of ANC6B and CM Allen’s office could be helpful.

The group also heard from representatives of CVS and of Starbucks –  the latter cited the bus stop in front of the coffee shop as being the major contributing factor to loitering.  The redesign of Metro Plaza – if and when it becomes a reality – would relocate the bus stop across D Street to Metro Plaza.  Allen urged both stores to call 911 rather than relying on staff or irregular attention from corporate security offices.

Although invited, there was no representative from the Barracks Row 7-11, and concerns were raised that the problems experienced by that outlet in terms of being a magnet for a negative environment would be duplicated when the 7-11 on Pennsylvania Avenue opens in a few days.  Allen said he was meeting with representatives of both outlets in the next two weeks and would work with them to address these issues.

Asked for her reaction to the meeting today, Daniels said, “Anytime business can get together to solve problems, it’s a win.  I appreciate Charles Allen’s involvement and his work to make the community a cleaner and better place.”

Allen attributed the “vast majority of negative things to a handful of people.”  He urged the group to stay in touch with his office and the ANC and said the group would meet again if necessary.

The Week Ahead….

Monday, October 19

1. ANC6D meets at 7:00pm, 1100 4th Street, SW, DCRA 2nd Floor Meeting Room.

Agenda not available at press time.

2. ANC 6A Transportation and Public Space Committee Meeting, 7:00pm, Capitol Hill Towers, 900 G Street, NE.

Among items on the Agenda:

Public space request related to Rappaport Co. redevelopment of H Street Connection.

Request for support of traffic calming assessment for 1200 and 1300 blocks of Constitution Avenue, NE.

Tuesday, October 20

1. ANC 6A Alcoholic Beverage Licensing Committee meets at 7:00pm, Sherwood Recreation Center, 10^th and G Streets, NE.

Among items on the agenda:

Discussion of request by The Pursuit at 1421 H Street, NE, for a change from a Restaurant to a Tavern license.

Discussion of request by Ocopa at 1324 H Street, NE, for an Entertainment Endorsement.

2. Eastern Market Community Potluck Dinner 7:00pm, North Hall.
3. CHRS Board of Directors meets at Capitol Hill Townhomes, 750 6^th Street, SE.

Wednesday, October 21

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

Among items on the agenda:

1140 Florida Avenue, NE.  Developer will make a brief presentation to provide information and answer questions regarding project in ANC5D.

134 11th Street, NE.   Applicant seeks a special exception not meeting the lot occupancy requirements to construct a garage with a rooftop deck in the R-4 District.

1313 to 1323 Linden Court, NE.  Applicant seeks variances to allow the construction of five one-family dwellings and a neighborhood-servicing retail establishment in the C-2-A District.

1114 F Street, NE.  Applicant seeks historic landmark designation for the Lexington Apartments building.

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

Saturday, October 24

River Park Nursery School Yard Sale at Eastern Market: Oct. 24, 8 am-1pm, From the announcement:  “Come find great bargains and delicious home baked goods while supporting a Capitol Hill nursery school!  Eastern Market in the plaza near Rumsey pool on North Carolina Avenue Southeast.  Proceeds support River Park Nursery School, which has a 50-year tradition of providing quality instruction that encourages individual growth and development.”

Sunday, October 25

Rosedale “REVERSE BOOK SALE” 1:00pm – 4:00pm. From the announcement:  “Friends of the Rosedale Library Fall Anniversary Celebration.  Donate books in good condition to support FORL’s programs at the Rosedale Library.  We’re doing things in a different way – a Reverse Book Sale.  Drop off your gently used books and make a donation. We’ll use the books to raise funds for FORL programs and events at the Library.  *Reverse Book Sale *Bake Sale and Cider *Halloween Crafts for Kids *Film Screening at 2 p.m.  “Mama C: Urban Warrior” *DCPL and FORL info and give-aways.” Rosedale Library is at 1701 Gales St NE, Washington, DC 20002.

Restaurants and Rats: The Latest Chapter Involves Famous Local Chef​

by Larry Janezich

Capitol Hill residents have heard about rats.  But residents who live near restaurants know them.  As retail outlets give way to the higher rents available from restaurants,​ the rat problem has grown – let us say by leaps and bounds.  The widely publicized rat wars on Barracks Row spurred ANC6B to set a goal of best operating practices for Barracks Row restaurants – a standard that encompasses indoor trash and grease storage and noise and odor abatement.  Now those issues are being prioritized for restaurants on the south side of Pennsylvania Avenue – particularly those between 2nd and 4th Streets, S.E.

The C Street neighbors behind Pennsylvania Avenue restaurants –  a mix of longtime residents and newer ones, some with children – say that the trash disposal practices of these restaurants are attracting rodents to a degree greater than anything in their recent experience.  Residents have been complaining to the restaurants and to the ANC but have little leverage in a city which is disposed to put the welfare of its commercial base over the welfare of its citizens.  The renewal of liquor licenses every two years and requests for exceptions to the ban on fast food outlets are two of the few points where pressure can be applied on behalf of residents.

​The restaurants near the intersection of 3rd Street and Pennsylvania Avenue is a case in point.  Four commercial spaces which used to be a barber shop, a drug store, a bank, and a dry cleaners have all been converted to eateries.  Rat problems have grown accordingly.

CHC has interviewed or had email exchanges with some half dozen nearby residents of the Pennsylvania Avenue restaurants in question.  All say that their quality of life has suffered as the result of problems brought to the neighborhood by restaurants including trash and grease management and noise and odor issues.

Residents on the 300 block of C Street, SE, are particularly at odds with the three restaurants owned by celebrity chef Spike Mendelsohn – The Eatery, We the Pizza, and Bearnaise.  The complaints include bad trash and grease management practices, illegal parking in public alley, illegal construction of a roof deck and a fence, noise and odors.

Nearby residents appealed to then​-ANC6B01 ​Commissioner​ Dave Garrison​​ in 2013​,​ who tried to mediate an agreement between the restaurateur and neighbors.  When Bearnaise appeared before the ANC in 2013 to support the application for a liquor license, a restaurant representative told the ANC that the restaurant had made arrangements for twice a day trash pick-up at 8am and 6pm, and had ordered heavy metal covers for trash bins (see ANC6B minutes for that month).

Neighbors say that the metal covers were installed but do not help when bins are filled to overflowing, and the promised twice a day trash pick-up is not happening and has never happened.  An unexpected downside of the metal covers is the late night crashing when they are closed by restaurant personnel.

This past summer, neighbors appealed to ANC6B01 Commissioner Jennifer Samolyk,​ who succeeded Garrison.  Samolyk appealed to the Mayor’s office, and one of the Mayor’s Ward 6 representatives – Seth Shapiro – visited the site and, in attempt to improve alley cleanliness, facilitated the repaving of the alley which happened on short notice and apparently without consultation with the neighbors.

Since then, according to nearby residents,

• The dumpsters continue to leak debris and liquids especially when emptied into trucks on C Street
• Frequently open and overflowing dumpsters remain in the alley and in a “corral” behind al illegally constructed fence in space leased from an adjacent bank
• The pizza delivery autos of the restaurant park illegally on public space in the alley, blocking it to access by emergency vehicles and presenting a danger to pedestrians when the vehicles back out onto C Street
• An illegal deck has been constructed atop Bearnaise with the intent of growing a roof top herb and vegetable garden which will further exacerbate the rat problem
• Open buckets of used fryer grease are stored in the open behind The Eatery

Several nearby residents have paved their back yards with concrete to prevent rat burrows.  All of them complain about the abundance or rats – alive and dead – plaguing their lives and preventing the use of their yards.  One resident claims he was told by DPW that “restaurant quality grease” disposed of in a sewer line was responsible for sewage backup in his basement.  Another has taken a pet to the veterinarian twice to be treated for eating rat poison.

All restaurant liquor licenses will come up for renewal in March of 2016.  Perhaps because of this, the Mendelsohn restaurants have apparently become more receptive to addressing resident concerns.  This week, a representative of the restaurant group told CHC that they are “installing a refrigerated walk in trash room which is being custom made to have a wide enough door that accommodates wide trash bins.”  In addition, the representative said, “We currently spend over $165,000 a year in keeping our restaurants extremely clean for our customers. As a family business we are constantly working within our community to enhance our neighborhood.”

In February of this year, Mayor Bowser appointed Spike Mendelsohn to Chair the District’s newly created Food Policy Council.

According to the Mayor’s press release, “As Chair of the Food Policy Council, Spike Mendelsohn will spearhead efforts to promote the food economy and entrepreneurship, improve food access and equity in all 8 wards, and promote urban agriculture and production.”

Neighbors hope that in addition, Mendelsohn will set an example for other restaurants in the city by adopting best operating practices – as one of his competitors on Barracks Row (&Pizza) – has been willing to do.

ANC6B Steamed at Dissing by DGS over Eastern Market Flea Market Licensing

by Larry Janezich

ANC6B was expecting to hear Department of General Services (DGS) Associate Director Forest Hayes discuss the details of the new licenses issued to the Eastern Market Weekend Flea Markets Tuesday night.  (The city backed off an earlier announcement that they were taking over management of the weekend flea markets from the current private operators as reported by CHC here:  http://bit.ly/1QeBTGK). Instead, Hayes dispatched Eastern Market Manager Barry Margeson to the meeting to tell the ANC simply that the licenses had been extended to July 31, 2017, and all other questions should be directed to the DGS press office.

This did not sit well with Commissioners.

Chair Kirsten Oldenburg expressed her concern and disappointment that details were not forthcoming on whether the agreement contained any provision beyond the July 2017 date, particularly after completion of the Hine contract, saying that she felt the Commission had been deprived of the opportunity to have a dialogue with the Associate Director on these matters.

Commissioner Denise Krepp, never one to mince words, told Margeson that Hayes’ method of dealing with the scheduled visit was “outrageous.  We invited Hayes; he said he can’t come and sent you to tell us to call his press person?”  Margeson replied, “Yes.”  Krepp said, “Excuse me, but it seems that the director is giving us a large bird.”

A less outspoken Commissioner Hoskins said that the failure of DGS to communicate or engage on such an important issue spoke to the need for the ANC to demand greater transparency on the licensing.

The Commission subsequently voted 10 – 0 to send a letter to the DGS Director Christopher E. Weaver, copying the Mayor, saying they “expected the director (Hayes) at our next meeting” to discuss the matter of licensing the flea markets.