CAPITOL HILL CORNER

ANC6B to Appeal to Council on Redistricting and Appoint Residents to Advise on Hine Negotiations

by Larry Janezich

When it convenes Tuesday night, ANC6B will consider two resolutions concerning on-going issues facing the residents of 6B. 

The first resolution requests the City Council to maintain East Capitol Street as the boundary with ANC6C and to enact a “status quo” plan for the boundaries of the single member districts in 6B.

The second resolution would create a 13 member Subcommittee charged with overseeing the Public Unit Development (PUD) process on the Hine Development.  The wording of the resolution does not precisely resolve whether all current ANC 6B Commissioners will be acting and voting members of the Subcommittee, but it seems to suggest that will be the case.  Other members will be drawn from the community determined to represent “organized interests of the community.”  According to the resolution, the Subcommittee will be tasked with outreach to the community re the PUD process, developing recommendations for ANC6B in negotiations with the city and developer during PUD negotiations, and serving as a central point of coordination on the Hine Development. 

Copies of the resolutions can be found below. 

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

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DRAFT RESOLUTION on ANC6B Boundaries and Districts

WHEREAS ANC6B has great respect for the efforts of the Ward 6 Redistricting Task Force and the guidelines it formally adopted; and

WHEREAS the Task Force adopted by a vote of 7-0 a draft plan on August 8th 2011 that was subsequently endorsed by ANC6B as a plan that would adhere to the guidelines of the Task Force; and

WHEREAS the Task Force Final Recommendations included a subsequent boundary change that was narrowly adopted on a vote of 5-4-1, and moves 1275 residents from ANC6B to ANC6C; and

WHEREAS the residents moved out of ANC6B have a primary and direct interest in the areas of Eastern Market, Eastern Market Metro plaza and the Hine Jr. High School redevelopment project, and will no longer have elected representation on the issues that are most important to their neighborhood; and

WHEREAS the change in the boundary between ANCs 6B and 6C changes a clear boundary along a city quadrant line that has been in effect for more than 30 years; and

WHEREAS a primary justification for the change presented by ANC6C was to balance the case load for ANC6C, while subsequent research has shown that the draft plan adopted on August 8th would likely have reduced workload from current levels and that ANC6B has a case load significantly greater than ANC6C under either the current scenario or the final plan adopted by the Task Force; and

WHEREAS an additional justification presented by ANC6C for the transfer from ANC6B to ANC6C was to provide for an odd number of commissioners on ANC6C, and it is noted that many commissions including ANC6B have decades of experience working productively with an even number of commissioners without any problems stemming from the even number of commissioners; and

WHEREAS the SMD boundaries for ANC6B adopted by the Task Force would cause substantial disruption to the work of ANC6B; and

WHEREAS the current redistricting plan works against the interests of those neighbors impacted, is at odds with the Home Rule Charter and the fundamental tenets of voting rights in the District that provide citizens elected representation in the neighborhood where they live;

NOW IT THEREFORE BE RESOLVED  that ANC6B requests that the City Council of the District of Columbia enact an ANC redistricting plan that maintains East Capitol Street as the boundary between ANC6B and ANC6C and reflects the boundary and SMD plan adopted by the Ward 6 Redistricting Task Force at its August 8, 2011 meeting. .

ANC6B formally adopted this resolution at its October 11, 2011 meeting by a vote of XX to XX, and requests that that Councilmember Wells and the City Council consider our recommendations when it drafts the final proposal for ANC redistricting later this year.

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DRAFT RESOLUTION for the creation of a Sub-committee of the Planning and Zoning Committee relating to the development of the Hine School site.

WHEREAS ANC6B will play a central role in representing community interests in the forthcoming Planned Unit Development (PUD) process for the Hine School site; and

WHEREAS ANC6B intends to conduct extensive community outreach and to involve a diversity of voices and interests in the PUD process; and

WHEREAS the developers of the Hine School site will likely initiate the PUD process in the fall of 2011 and that the process will likely continue through much of 2012; and

WHEREAS management of this process through its standing committees or the committee of the whole would limit this effort and place additional strain on the capacity of the Commission; and

WHEREAS Article X, Section 7 of the Commission bylaws allow for the Commission to create a sub-committee of a standing committee to carry out the responsibilities of a full committee with respect to a specific topic, and to be composed of members from beyond the parent committee,

NOW IT THEREFORE BE RESOLVED that ANC 6B creates a sub-committee of the Planning and Zoning Committee specifically to address the Hine School Development and that the objectives of this sub-committee include:

●  Conducting community outreach as it relates to the PUD process

●  Developing recommendations to ANC6B as it relates to the Commission position in PUD negotiations with the City and developers

●  Providing for a central point of coordination on the Hine        School development 

             BE IT FURTHER RESOLVED that the authority for the Hine School Sub-committee sunsets at the conclusion of the regularly scheduled monthly meeting of ANC 6B in March 2013, and

            BE IT FURTHER RESOLVED  that recommendations of the Sub-committee that require full Commission action shall first be referred to the Planning and Zoning Committee unless specifically waived by both the Chair and Vice-chair of the full Planning and Zoning Committee, and

BE IT FURTHER RESOLVED that the Sub-committee shall be Chaired by a member of the commission appointed by a vote of the commission, and that the Vice-Chair of the sub-committee be selected by the Sub-committee chair, and

BE IT FURTHER RESOLVED that the Sub-committee shall be comprised of Commission and non-commission members who represent organized interests of the community nominated by the Chair of ANC6B and the Chair and Vice-Chair of the Sub-committee and ratified by the full Commission, and that while all Sub-committee meetings will be regularly posted and available to all commissioners as voting members, the core membership of the task force shall not number more than 13 people.

The Week Ahead

by Larry Janezich

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

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.

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 7^th Street between North Carolina and Pennsylvania Avenues.  Wells said that those concerned were looking at the possibility of using 7^th 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.

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.

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.