October 9, 2011 · 9:52 pm

The Week Ahead

The Week Ahead

by Larry Janezich

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

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

Hine Development Moves Back to the Front Burner

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

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

Redistricting Redux  

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

Eastern Market Legislation for a New Governing Authority

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

Check back.

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October 7, 2011 · 8:28 pm

Hill Center Granted Liquor License

Hill Center Granted Liquor License

by Larry Janezich

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

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

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

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

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

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

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

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

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

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October 6, 2011 · 12:11 am

Councilmember Wells Unveils Legislation for New Eastern Market Governing Structure

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

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

by Larry Janezich

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

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

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

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

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

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

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

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

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

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

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

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October 2, 2011 · 11:10 am

Car Break-ins Prompt Neighbors To Walk After Midnight

ANC6B Commissioner Brian Pate Leads 12mn-2am Neighborhood Walk Sunday Morning in Response to Recent Rash of Car Break-ins

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September 30, 2011 · 4:31 pm

Councilmember Wells to Unveil Eastern Market Governance Legislation Next Wednesday

Councilmember Wells to Unveil Eastern Market Governance Legislation Next Wednesday

by Larry Janezich

Last Wednesday night at the regular meeting of the Eastern Market Community Advisory Committee (EMCAC) Eastern Market’s North Hall, Chair Donna Scheeder announced Councilmember Wells will hold a public meeting next Wednesday to unveil his legislation on revamping the Market’s governing structure.  Wells will outline and review his proposed legislation, as well as solicit initial feedback on changes to the Eastern Market management and governance. The Councilmember said last week that he hopes to introduce the measure before the City Council next Tuesday. 

Scheeder told EMCAC that discussions with Wells gave her confidence that the things EMCAC cares most about will be addressed in the proposal.  These include the ability for the governing structure to operate the Market more independently, to be free of the issues associated with being an agent of the city – including the avoidance of having to participate in government shutdowns, and to have the flexibility to respond quickly to developing issues and opportunities.  The new board, she suggested, will be based on home grown expertise and will include representation for the Market’s merchants and vendors.

According to ANC6B’s representative to EMCAC, Brian Pate, ANC6B and EMCAC are discussing the possibility of cosponsoring a community meeting on the legislation beyond the community meeting next Wednesday. 

The Wells-hosted meeting next week will be held Wednesday night, October 5, 2011 in the North Hall of Eastern Market, from 6:00 – 8:00pm.

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September 28, 2011 · 3:07 pm

Residents Direct Anger At Tommy Wells Over Redistricting Report – Boundaries In Councilmembers’ Home District At Issue

Councilmember Wells Addresses 50 ANC6B Residents on Redistricting Wednesday Night

Residents Direct Anger At Tommy Wells Over Redistricting Report – Boundaries In Councilmembers’ Home District At Issue

by Larry Janezich

Fifty unhappy residents and ANC6B commissioners turned out at St. Peter’s Church Tuesday night to tell Councilmember Tommy Wells just how unhappy they were with the redistricting proposal that would move 1275 6B residents into ANC6C.  The meeting was called by ANC Commissioner Ivan Frishberg, who is coordinating a response by concerned citizens to the proposed realignment of boundaries in ANC6B.  The history of how that came about has been reported previously on emmcablog.

Residents argued first, the area to be excised from 6B has more in common with neighborhoods to the east and south than to the north; second, residents want to vote for commissioners who have a voice in the neighborhood issues which concern them most – especially Eastern Market, Hine Development, and Eastern Market Metro Plaza – and these issues currently fall under the exclusive purview of ANC 6B.

In response, Councilmember Wells defended the process which the Taskforce followed in reaching its conclusions, and stated he will have to start with the presumption in favor of the Task Force Report.  Wells said there would have to be reasons for overturning aspects of the report, and he did not see anything nefarious or any evidence of racial or demographic gerrymandering.  Acknowledging that he had not yet seen the Task Force Report, Wells also said that he was not in a position to defend it and would meet with Task Force members to hear their rationale.

Wells admitted that the “presumption is you guys [in 6B] are my neighbors and I’m going to defer to your wishes.  I have to show I can bring impartiality, because the presumption is that I won’t.”  He went on to say that he had already “probably inappropriately tried to influence the vote of the Task Force” by asking them prior to the vote on the boundary change: “do you really want to do this?”

During the meeting, ANC 6B commissioners added to the objections of the gathered residents by pointing out that the boundary shift would have enormous consequences in their single member district (SMD) boundaries, pitting six commissioners against each other and creating four new SMDs with no incumbents.  They also objected to the stated motives of ANC6C, saying the real motive behind the boundary change was to be more involved in Eastern Market and the Hine development.  They faulted the Task Force for a flawed process (reported earlier on emmcablog), and Task Force Chair Joe Fengler with having an “overriding zeal” for creating equal sized ANCs when there is no requirement for that in the DC Charter.

Wells acknowledged that the Redistricting Task Force Report was “problematic in so far as it broke up ANC6B” and admitted that SMD boundaries requiring six sitting commissioners to vie for three seats was “a little unnerving.”  One resident, Wally Mylniec, noted that Wells was accepting a false binary in giving preference to a Task Force recommendation in favor of the move that was adopted on a 5-4 vote.  He said that this was not the Supreme Court, but an advisory committee, and a “recommendation based on a 5-4 vote deserves consideration, but not preference.”  That view was also backed by Task Force member Ken Jarboe, who dissented from the majority position of the Task Force on the 6eB question, along with fellow Task Force member Donna Scheeder, (both positions will be available shortly on http://w6tf.blogspot.com/, along with the Task Force’s final report).

Late in the meeting, Wells raised an issue which many ANC6B commissioners feel lies at the heart of ANC6C’s effort to acquire another SMD at 6B’s expense, and the willingness of other ANCs to support that move.  Wells said that “there is a presumption that 6B is more powerful, has more people, more commissioners, and that their influence is greater than other ANCs,” implying that this was driving the Task Force in prioritizing the principle that ANCs should be closer in size.  Wells went on to suggest the validity of more parity among the ANCs, though he acknowledged that, since he comes from 6B, he might be misreading this as a motivation behind the Taskforce Report.

Councilmember Wells said the timeline for redistricting was as follows:  he will officially receive the report Wednesday night and will forward it to the City Council on Friday.  Wells said he would continue to refine the boundaries but stated that he was not saying he was going to rewrite the boundaries at this time.  He promised to “continue talk with members of the community and members of the Taskforce” before he made a final recommendation to his colleagues on the council.

Wells added that his overall consideration in reviewing the work of the Taskforce Report would be, what is the greater good for Ward 6?  What ward 6 gains from the Task Force Report, Wells noted, is apportionment in Ward 6: each ANC gets no less than six commissioners.  “We have to look at what’s in the whole Ward’s interest,” Wells argued, and “see what the greater good is, and give the Task Force a chance.  That’s where I’m at.”

The City Council will hold a hearing devoted to Ward 6 redistricting, and the ANC’s will apparently have an opportunity to present their case to the council before it finalizes the redistricting plan.  Frishberg told the group that the process is not going to be decided in the next two days, and advised the group to “let the process work and try to bring Tommy around to our position.”

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September 26, 2011 · 8:23 pm

This Week’s Community Events …….

This Week’s Community Events …….

by Larry Janezich

September:

27 Tuesday, 7:00pm

ANC6B Executive Committee sets agenda for October 11 meeting.

703 D Street, SE

27 Tuesday, 8:00pm

Community Meeting to overturn Ward Six Redistricting Task Force Decision to Move 1275 ANC6B residents to ANC6C.

St. Peter’s Church, 2nd and C street SE

28 Wednesday, 6:30pm (Postponed until October 5)

ANC 6B Hill East Task Force Meeting.  Update on the status of the Eastern Branch Boys & Girls Club Building. (Postponed until October 5)

Payne Elementary School, 1445 C Street SE

28 Wednesday, 7:00pm

Eastern Market Community Advisory Committee.  Update on status of legislation for new governing structure for Eastern Market.

North Hall, Eastern Market

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September 26, 2011 · 10:55 am

Capitol Architect Says Prospects for Reopening Capitol’s West Front Are “Slim”

Capitol Architect Says Prospects for Reopening Capitol’s West Front Are “Slim”

by Larry Janezich

Architect of the Capitol Steven Ayers told the Capitol Hill Restoration Society (CHRS) last Wednesday night that chances for reopening the Upper Terrace of the West Front of the Capitol to the public are “slim.”  Asked by ANC6B Commissioner Norm Metzger at the fall CHRS membership meeting at Hill Center if a more imaginative way could not be found to govern access to points viewed as vulnerable in the wake of the September 11th attacks, Ayers replied that “we live in a dangerous world,” and though visitors are “still welcome” at the Capitol, “there are limitations.”

For several years now, Capitol Hill residents have had no opportunity to enjoy the vista from the West Front of the Capitol Building.  Security recommendations for the Capitol are made by the Capitol Police Board, comprised of House Sergeant at Arms Bill Livingood, Senate Sergeant at Arms Terrance Gainer, and Ayers.  It is only in recent years that individuals with security backgrounds (Livingood was formerly a Secret Service agent, Gainer comes from DC Metropolitan Police) have been appointed to the Capitol’s top administrative posts.  Before September 11th, these posts were filled from the Congressional staff of the Congressional leadership.

Mirroring a broader trend, security personnel have become far more influential in the Capitol’s operations, and once security restrictions are imposed, they are seldom relaxed.  Prior to WWII, for example, visitors to the Capitol Building would climb to the lower interior balcony around the Rotunda of the Capitol.  Closed during the war for security reasons, it has never been reopened to the public.

In response to another question from CHRS members about the future of the former House Page’s Residence at Second and E Streets, SE, Ayers said that is up to the Speaker’s office and no decision has been made.  Among the options he noted were to “sell, refurbish, or do nothing.”

Ayers was the featured speaker at the CHRSs fall membership meeting.  It was held in the as-of-yet unfinished Carriage House at Hill Center.  The Center is in the process of getting a certificate of occupancy for the main building.

Highlights of Ayer’s PowerPoint presentation to the group:

A bust of Rosa Parks would be placed in the Capitol in December

The building in the Capitol complex suffering the most damage from the recent earthquake was the Rayburn House Office Building

The restoration of the Bartholdi Fountain West of the Rayburn Building is now complete and the park is open to the public

A tour of Hill Center for those attending the meeting followed the presentation.

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September 24, 2011 · 4:41 pm

Neighbors Organize to Overturn ANC6B Boundary Change – Issue Goes to Tommy Wells

Task Force Member Ken Jarboe Opposes ANC6B Boundary Change at Monday Night Meeting. At Left, Task Force Chair Joe Fengler.

SMD Boundary Changes for ANC6B Approved by Ward Six Redistricting Task Force

Neighbors Organize to Overturn ANC6B Boundary Change – Councilmember Wells To Make Final Decision This Week

by Larry Janezich and Barbara Riehle

A group of 17 concerned Capitol Hill residents attended an “emergency meeting” called by ANC6B Vice Chair Ivan Frishberg on Saturday morning at South East Library.  The purpose was to discuss ways to stop the change in ANC6B’s boundary proposed by neighboring ANC6C and endorsed on a narrow 5-4 vote by the Ward Six Task Force on Redistricting.  The change would move 1275 residents from ANC6B to ANC6C in the area bounded by East Capitol and Independence and 3rd Street and 7th Street, SE.

Those attending the meeting were strongly opposed to the move.  Especially outspoken was former ANC6B Chair Peter Waldron who stated that under the DC Home Rule Act, the preservation of neighborhoods is a critical factor when ANC boundaries are being redrawn.  “This neighborhood is being ripped away,” he went on, “and pulled into an ANC with its own NoMA (north of Massachusetts Avene) issues.”  In addition, he said residents would lose effective representation on neighborhood issues affecting them most, including Eastern Market and the Hine Development.  Finally, “[t]his neighborhood is facing substantial change and the residents have a right to cohesive representation.”

The Redistricting Task Force will present its report to Councilmember Tommy Wells on Monday, September 26.  Wells will have the final say on boundary changes, and the neighbors hope to persuade him to reject the proposed extension of ANC 6C into what is currently ANC6B territory.  On Friday, September 30, Wells is scheduled to submit Ward 6 Redistricting recommendations to DC City Council.

The Redistricting Task Force move to reaffirm its endorsement of the boundary change came on Wednesday night at a contentious six hour meeting.  The Task Force position is that the move is necessary because ANC6C has given up three single member ANC districts (SMDs) to the newly formed ANC6E in Shaw.  The Task Force wants to make the ANCs in Ward Six as near the same size as possible, and sees granting 6C’s request for an additional single member district at 6B’s expense as moving toward that goal.  Commissioners on ANC6C have also noted that an additional SMD will give them a more desirable seven member commission.

Wednesday night’s ratification of the Task Force’s earlier position came despite the presentation by 6B Commissioner Frishberg of a petition opposing the move signed by more than 200 residents.  When the Task Force addressed the new boundaries for SMDs within 6B, Frishberg called the plan drawn by Task Force member Cody Rice an “abomination.”  Frishberg offered an alternative which had been informally endorsed by a majority of 6B commissioners.  His proposal was rebuffed by the Task Force with little discussion of the details.

In the end, the Task Force approved an SMD plan proffered by Task Force member Ken Jarboe which divides the new 6B into ten smaller single member districts.  That plan was also strongly opposed by 6B Commissioners, who noted that it would create three new single member districts with no incumbents and pit two sitting commissioners against each other in two of the other single member districts.

The group of protesting neighbors agreed to gather support and mobilize their neighbors.  They will to meet again on Tuesday night at 8:00pm at a place to be determined.

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September 23, 2011 · 4:56 pm

Hill Center to Open “Within Three Weeks” – Delay Caused by Sale of Tax Credits

Hill Center's South Entrance. This Was the Business Entrance When the Building Was The Naval Hospital, Since Most Traffic Came From 8th Street and the Navy Yard

Board Member Gary Peterson (white shirt) Explains the Operation of the Ground Floor Reception Area

One of the Medium Sized Rooms on the Second Floor. ANC6B Used to Meet in This One Before the Restoration.

The Teaching Kitchen for Cooking Classes on the Ground Floor.

The Center's Largest Room Can Seat 100, and Is Equipped for Multi Media.

Third Floor Conference Room for Community Organizations

Typical Low Clearance Third Floor Community Organization Office Space. This One Was Eyed by ANC6B.

One of Two Original Radiator Restored and Placed in the Third Floor Hallway

Hill Center to Open “Within Three Weeks” – Delay Caused by Sale of Tax Credits

by Larry Janezich

Nicky Cymrot, Chair of The Hill Center Foundation, said Thursday night that the long awaited opening of the Hill Center would be “within three weeks.”  The opening, originally scheduled for the summer, has been delayed by the sale of tax credits.  The Hill Center’s renovation qualifies for receipt of $2 million in tax credits which the Center cannot use since it is operated by a charitable organization.  The credits can be sold to investors, however, and according to Board Member Gary Peterson, the process has taken longer than anticipated.  He said closing on the sale could take place this coming week.  The tax credits must be sold prior to getting a certificate of occupancy, according to Peterson.  Since closing the deal will cost approximately half of the total credit, Hill Center anticipates receiving roughly $1 million as the result of the deal.  It has long been the opinion of the Board that the Center needed a reserve fund in excess of $1 million before opening.  It is not clear how close contributions have brought the Center to that goal.

A tour of the facility revealed that it is ready to receive tenants.  There are nine offices for community organizations on the facility’s third floor and of these six have been rented, according to Peterson. The Carriage House where a café/restaurant will be established has been put up for lease to the restaurateurs on 8th Street, SE, and H Street, NE, but has yet to find an investor/operator.

The Center’s annual operating budget is $750,000.  There are four revenue streams anticipated by the Hill Center:  rental of the Carriage House (about $50,000 annually) to a café vendor and rental of office space (about $62,000 annually) to non-profit organizations together will cover 15 percent ($112,500) of the operating costs.  Among the organizations which have contracted for office space in Hill Center are ANC6b and Capitol Hill Village.  One anticipated tenant, the Capitol Hill Restoration Society, voted in July to stay in its present location.

Third party program providers who will rent additional space to expand their programming will provide 60 percent of the funding ($450,000).  These will include organizations like CHAW and the Folger Library, as well as other independent operators offering classes in the arts and technology, or physical training classes such as yoga.  No contracts have been signed yet; that must wait for Hill Center to obtain a certificate of occupancy.

Rental of space for special events will account for the remaining 25 percent ($187,500), about $15,000 a month.  A conference room can be rented for half a weekday for $350, but the largest spaces, such as the entire second floor, will cost $1500 for half a weekday and $5000 for a full day and evening on weekends. The garden will rent for $500 for half a weekday and $1250 for a full day on weekends.

From the business plan sketched by Hill Center representatives, it seems clear that to the extent that the Hill Center is not successful in obtaining the desired number of tenants or programming, the organization will have to rely upon special events more, or charge more for its space.

The prospect of late hours, noise, and parking has generated concern among nearby neighbors.  Last summer, a group of neighborhood protestants filed a formal protest with the Alcohol Beverage Control Board (ABRA), opposing the Center’s application for a liquor license.

Last Wednesday, those protesting the Center’s application for a liquor license withdrew their protest.  According to one neighborhood representative, “The main reason for our withdrawal was that our motions were rejected by the board, making it impossible for us to proceed.  [other reasons were] that it became obvious at the mediation meeting that the board was extremely hostile to our protest and that the Hill Center was totally unwilling to budge.”  The group is exploring other options to lessen adverse effects of the Center’s operation on the neighborhood.

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