CAPITOL HILL CORNER

ANC Alcohol Committee Hearing on Barracks Row Tavern License Turns Contentious – Virtual Meeting Chat Function Faulted

by Larry Janezich

Posted January 7, 2022

ANC6B’s ABC Committee held a virtual meeting last night on the Tavern Liquor License application for “As You Are” the LBGTQ bar coming to the Barracks Row at the location formerly occupied by District Soul Food and before that, Banana Café.  More than 100 tuned in a meeting which turned, at times, contentious.  It ended hours later, with no resolution but with a plan for commissioners to meet with residents and owners over the weekend to try to hammer out a Settlement Agreement to address neighbor’s concerns before next Tuesday’s full ANC meeting.  City regulations provide for the ANC to weigh in with an opinion on approval of liquor licenses.  A Settlement Agreement is a signed agreement between the owners and the ANC which sets out how the establishment will operate and becomes part of the license after approval by the Alcohol Beverage Regulatory Commission.  The application for a tavern license instead of the restaurant license held by previous occupants of the site means the new venue could stay open later and serves less food than a restaurant. 

Nearby residents have long bemoaned the interruption to their sleep patterns and quality of life caused by late night departing patrons of previous restaurants on the corner of 8^th and E Streets, SE.  They fear later hours and less food will send even more inebriated bar goers reeling into the streets even later than before.  Supporters of the LBGTQ community from all over the city vocalized their support for the proposed tavern.  The owners demonstrated the excessive measures they have taken or plan to take to alleviate neighbor concerns including state of the art soundproofing and safety monitors governing conduct of patrons which will include reminders to be respectful of the neighborhood upon departure. 

While discussion during the meeting was civil enough, the same could not be said for some of the comments in the chat function which afforded attendees the opportunity to comment freely on the comments and motivations of discussion participants.  Following some blunt declarations by nearby residents about their feelings on the proposed business, some supporters of the proposed tavern took to the chat function to criticize and characterize in personal and unflattering terms the opponents of the tavern license and their comments, provoking in return a response from some of the nearby residents. 

After a unanimous vote to refer the license application to the full ANC next week in hopes that a compromise could be reached before then, Chair Brian Ready said he had anticipated the chat degenerating into trolling and cautioned attendees about their responsibility to maintain civil discourse during the meeting.  Following that, commissioners discussed whether the chat remarks were part of the official record of the meeting, subject to public dissemination.  It seems clear that the chat is not, and raises the question whether the chat function should be activated during virtual meetings.  Since the ANC meetings are conducted according to Roberts Rules of Order – which did not anticipate this technological advance – the chat function appears to violate the rule that no person can speak until recognized by the chair and – last night at least – the rule that prohibits personal remarks during debate. 

At best, ANC meetings follow Robert’s Rules only in the loosest sense, and most commissioners in the four ANCs CHC follows closely are only vaguely familiar with them.  The advent of virtual meetings – which appear to be on the verge of becoming standard operating procedure after resumption of in person meetings by the city council and ANCs – has resulted in the prolongation of ANC meetings by hours – sometimes starting at 7:00pm and going past midnight.  Observation suggests the time could be shortened considerably by greater knowledge of and adherence to Robert’s Rules.  This would undoubtedly work to the benefit of the commissioners, the participants, the community, and the journalists who cover these meetings. 

Mayor Bowser Holds Situational Briefing

by Larry Janezich

Posted January 6, 2022

Mayor Bowser held a Situational Briefing today, January 6, and made the following points:

• Those who have received two doses of the Pfizer vaccine can get a booster after 5 months.
• Those who have received the Johnson & Johnson vaccine can get a booster after 2 months.
• Those who have received two doses of Moderna vaccine can get a booster after 6 months.
• Today, those 12 – 15 who have received 2 doses of the Pfizer vaccine can get boosted if their second vaccination was on or before August 6, 2021.

There are four ways to get tested for Covid 19 – but do not go to a hospital.

• Get free rapid test at 1 of 9 libraries – now including SW Library (see below).
• Get a PCR test at 1 of 36 Test Yourself DC Sites: https://coronavirus.dc.gov/testing
• Go to walk up PCR test sites at firehouses or the DCD/FEMA test site at Judiciary Square https://coronavirus.dc.gov/testing
• Get an appointment with your health care provider.

As of January 15, proof of one vaccinations and ID will be required for those 18 plus at:

• Restaurants, bars, nightclubs
• Indoor cultural and entertainment facilities
• Exercise and recreation establishments
• Indoor event and meeting establishments.

As of February 15, proof of full vaccination and ID s for those 18 plus will be required.

Ward 6 Arborist Talks About Trees: DDOT Is Working to Clear Storm-downed Branches

by Hilary Russell

Alex Grieve, DC Urban Forestry Arborist in the northeast section of Ward 6, appeared before ANC6C’s Environment, Parks and Events Committee virtual meeting on Tuesday night to answer tree-related questions – coincidentally, just after Monday’s snowstorm.  Grieve assured that DDOT contractors were busy clearing roads and sidewalks impinged by storm-damaged trees.

Grieve’s division, housed within the DC Department of Transportation (DDOT), is the primary steward of some 175,000 public trees that line the city’s streets and sidewalks.  He inspects such areas and encourages emails from interested citizens who would like the Urban Forestry Division to come up with a remedial planting plan.  He can be reached at alexander.grieve@dc.gov and at 202-671-5133, and welcomes communications from Capitol Hill residents on the following topics:

• Tree boxes: Technically, a permit is required to plant a tree in a tree box – preferably a large tree that contributes to DC’s canopy. Neighbors are required to maintain tree boxes, but without disturbing tree roots or adding plants with thorns or those that grow taller than 18 inches. Call 311 to report a tree box that needs a tree or a tree box that could be enlarged, thereby contributing to less impervious pavement. Installing permeable material over a sidewalk tree’s bulging roots has similar impact, but DDOT’s Sidewalk Division, not Urban Forestry, handles such requests.
• Watering of public trees: DDOT contractors plant trees and are responsible for watering and maintaining them for at least the first summer, while Casey Trees (the non-profit organization established in 2001 to restore, enhance, and protect the tree canopy of Washington) waters the trees they plant for the first three years. Urban Forestry works to hold their contractors to their warranties and encourages neighbors to water needy trees that are less than three years old. Mature public trees do not need to be watered.
• Troubled trees. Urban Forestry limits treatments to Gingko trees (to prevent fruit) and to American Elm for Dutch Elm Disease. The division tracks outbreaks of other diseases, such as crepe myrtle bark scale, and can recommend resources, such as the hiring of an arborist or a University of Maryland extension agent. There is a database of trees marked for removal and their level of priority, but it does not include schedules.

The discussion touched on challenges posed by private developers in reaching the 40 percent goal for the city’s tree canopy.  Grieve stated that the laws protecting current and heritage trees are difficult to implement and often the agency can’t protect private trees that obstruct a development plan.  He also acknowledged the challenge of communicating across a department as large and complex as DDOT as well as a tangle of agencies that deal with trees, such as DC’s Department of Energy and the Environment and the National Park Service.

Their website https://ddot-urban-forestry-dcgis.hub.arcgis.com provides more answers to more questions, along with current data on trees and tree-related plans in Ward 6.

Following is a chart showing distribution of current and projected tree plantings by ward in FY 2022.

The Week Ahead….

by Larry Janezich

Tuesday, January 4

ANC6B Planning and Zoning Committee will hold a virtual meeting at 7:00pm. 

To join the meeting, go here: https://anc6b.org/calendar/               

Among items on the draft agenda:

• 1247 E Street, SE. Zoning Adjustment Application – Modification of Significance to include general retail, service, and office uses in addition to the restaurant use within an existing, semi-detached, two-story with cellar, apartment house.  (This is the renovated building kitty corner from Peter Bug’s Shoe Academy at 12^th and E Streets, SE.
• Historic Landmark Nomination for The Seafarers Yacht Club, 1950 M Street, SE. Nominated by the owner – Seafarers Yacht Club – and DC Historic Preservation Office.  
• 133 Kentucky Avenue, SE. Historic Preservation and Zoning Adjustment applications for Special Exception to construct a rear addition to an existing, attached, two-story principal dwelling unit. 
• 751 10th Street, SE. Historic Preservation and Zoning Adjustment applications for Special Exception to construct a two-story rear addition and a two-story accessory garage, to an existing, semi-detached, two-story, principal dwelling unit.
• 310 9th Street, SE. Historic Preservation Application, Concept review for a proposal to build a rear addition to a row house not visible from street with no alley rear of property.

ANC6C Environment, Parks and Events Committee will hold a virtual meeting at 7:00pm.

To join the meeting, go here:  https://anc6c.org/hot-topics/

Among items on the draft agenda: 

• A presentation from a representative of DC Urban Forestry to answer tree-related questions.

Wednesday, January 5

ANC6B Transportation Committee holds a virtual meeting at 7:00pm.

To join the meeting, go here: https://anc6b.org/calendar/               

Among items on the draft agenda:

• Discussion of proposed ANC6B testimony on Southeast Boulevard.
• Other Issues to consider in 2021

ANC6C Planning, Zoning, and Economic Development Committee will hold a virtual meeting at 6:30pm.

To join the meeting, go here:  https://anc6c.org/hot-topics/

Among items on the draft agenda:

• 327 Constitution Avenue, NE. Historic Preservation Application for concept approval for second-story and attic addition to existing one-story rear portion of main row dwelling (two stories plus attic).
• Proposed Zoning Commission rulemaking re parking and loading. In the wake of its October 18, 2021 hearing on the topic the Zoning Commission recently published proposed amendments to the regulations governing requirements for parking and loading.

Thursday, January 6

ANC6B Alcoholic Beverage Control Committee will hold a virtual meeting at 7:00pm.

To join the meeting, go here: https://anc6b.org/calendar/                

Among items on the draft agenda:

• 319 Pennsylvania Avenue, SE. ZOCA & Crush – application for a restaurant liquor license.
• 721 8^th Street, SE. Rose’s at Home (catering) – application for a Retailer’s Class “C” Restaurant license. 
• 500 8^th Street, SE. As You Are – application for a Class “C” Tavern license. 

ANC6C Transportation and Public Space Committee will hold a virtual meeting at 7:00pm. 

To join the meeting, go here:  https://anc6c.org/hot-topics/

Among items on the draft agenda:

• 518 E Street, NE. Public Space Application.   The committee will revisit a public space construction permit application at which proposes to replace the existing leadwalk, retaining wall, and existing gate. The combined height of a fence and retaining wall may be no more than 42” tall. The fence must be at least 50% open.
• Capitol Point North project) at 1st Street, NE & New York Avenue, NE. Public Space Application  for approval of a temporary curb cut to facilitate parking/loading access in the event that the two phases of a certain mixed-use project at Square 671 are not constructed sequentially (i.e., Phase B is developed prior to Phase A). The proposed curb cut would be temporary, and the final construction – regardless of timing – would ultimately provide access from N Street NE for both phases of the project.

How the Barracks Row Popeyes Fell Through the Cracks at DC Department of Health

By Larry Janezich

Posted December 28, 2021

ANC6B invited the Food and Safety and Hygiene Division of the DC Department of Health to its December 14 meeting to talk about restaurant inspections.  Ivory Cooper, Food Technologist at the DC Department of Health, gave a lengthy presentation on the DC food safety inspection process and FDA guidelines. 

After the presentation, ANC6B Chair Brian Ready, referred to the “elephant in the room” – the early November closure of the Barracks Row Popeyes, not as the result of conditions discovered by DC Department of Health, but only after a video by a deliveryman showing a rampant rat infestation inside went viral on Tik Tok and Twitter.  The now-closed restaurant was in Ready’s Single Member District and Ready asked Cooper how often his agency inspects restaurants.

Cooper said that the number of inspections is based on how at-risk the Department regards an establishment.  Restaurants are ranked 1 through 5, and the intent, he said, is to inspect those in categories 4 and 5 four times a year, and those in categories 1 – 3, two or three times a year.  He said, “We reach that benchmark in some cases,” and cited staff shortages as a reason they do not. 

Ready said that the issue at the Barracks Row Popeyes was “not new” and had existed for some length of time and wondered if the restaurant had been inspected often enough.  He noted that the restaurant had passed inspection and the public didn’t know what conditions were like until the video was aired.  “What are you doing to make sure this doesn’t happen again?” he asked.

Cooper said, “We can only cite what we see – our ability to inspect has been limited by the pandemic and when that happens, a site can get out of control.  The inspection is based on the moment we go in.  It can be clean today and different tomorrow.  We can only cite what we see when we’re there.  We may miss things or when we go, there may not be a problem.  Any time the public reports an issue, we respond within two business days.  An inspection is only a snap shot – we are on site one to one and a half hours – five hours out of 365 days.  A restaurant can get away with a lot.” 

Commissioner Alison Horn asked if inspections are random and whether restaurants get advance notice of inspections.  Cooper replied that inspections are random, but proximity of inspections at other places can be a tip off and so can timing – the knowledge that a restaurant will be inspected every four months. 

Cooper gave the address of a public website where residents can see which restaurants have violations.  https://dc.healthinspections.us/?a=Inspections

The Week Ahead…

by Larry Janezich

The last week of the year is a quiet one. The political and civic organizations which CHC regularly covers have no meetings scheduled.

To Patronize Restaurants, Bars, Gyms, and Other Private Venues, Proof of Vaccination Must be Shown

Bowser to Impose City Wide Vaccine Requirement Effective January 15

by Larry Janezich

In a Situational Briefing today, Mayor Bowser said that on January 15, patrons of many indoor venues  in DC will need to show proof of having received at least one corvid vaccination, and by February 15, two. 

Venues include restaurants, bars, nightclubs, indoor cultural and entertainment facilities, indoor recreation and exercise facilities, and indoor event and meeting establishments.  The requirement is for patrons and not staff – it is not an employer mandate. 

Groceries and churches will be exempt.  Additional information on exemptions will be forthcoming. 

Here a link to the Mayor’s PowerPoint presentation today.  https://bit.ly/3qd5BoO

 

Bowser Reinstates Indoor Mask Mandate Starting Tomorrow

by Larry Janezich

Posted December 20, 2021

Mayor Bowser announced the reinstatement at a scheduled 11:30am Situational Briefing on Monday.  The Mayoral Order on the indoor mask mandate will begin at 6:30am on Tuesday and last until 6:00am on January 31, unless extended.  

Other major points from the briefing are as follows:

• Beginning Wednesday, December 22, DC Health will launch the Test Yourself Express program. Residents will be able to pick up free at-home rapid antigen COVID 19 testing kits (results in 15 minutes) at 8 libraries across DC (none on Capitol Hill).  Libraries will be open six days a week (Monday – Saturday) to distribute 1,000 kits per library per day and more available as the supply increases.  Residents can get two free rapid test kits per day.  Each kit contains two tests.  Proof of residency will be required.   Libraries:  Pleasant, West End, Cleveland Park, Petworth, Woodridge, Shaw, Capitol View, and Anacostia 
• 100,000 Rapid Antigen tests are being distributed to DCPS and DC public charter schools, to be used to support a safe return from winter break. Every school will receive enough tests for every student, teacher and staff member. DC Public Schools will be closed on Monday, January 3 and Tuesday January 4 to allow time for staff and families to pick up and use tests before returning to in person instruction.
• The Omicron variant currently accounts for less than 1% of cases in our region but is expected to increase over coming weeks. Sequencing to identify the virus looks back and takes up to 10 days.
• 64.9% of DC residents have received two doses of the vaccine – up from 63% one month earlier.  
• Residents can continue to access free PCR (results in 1.5 days) at sites across the city including 8 firehouses one of which is Engine 8 at 1520 C Street, SE. Hours:  Tuesday & Thursday 2:30pm – 7:30pm and Saturday 12:00pm – 400pm.  Nine additional Test Yourself DC pick up and drop off sites open at noon today, for a total of 36 sites, including Southeast Library at 403 7th Street, SE, and Northeast Library at 330 7th Street NE.
• All employees, contractors, interns, and grantees of DC Government must be fully vaccinated against COVID 19 and must have a booster. No test out option.  Specific deadline to be announced. 
• New COVID Testing & Vaccination Centers will begin coming online in the second half of January with the goal of one center per ward.

Here’s the Mayor’s PowerPoint presentation:  https://bit.ly/3FiQXm8

Here’s the entire Situational Briefing on Twitter:  https://twitter.com/search?q=mayor%20bowser&src=typeahead_click

Down to the Wire:  Rosedale and Hill East Fight Ward 7 Annexation

by Larry Janezich

Posted December 20, 2021

Tomorrow, the DC Council will hold a final vote on the Ward Redistricting map.  Residents of ANC6A in Rosedale and north Hill East have mounted a last ditch effort to sway the Council against extending Ward 7 boundaries to include these two neighborhoods.

A petition circulating in ANC6A against the move declares, “We do not want to be pushed out of Ward 6.” The petition states, in part:

In November 2021, after nearly a dozen public hearings and receiving extensive public input, the Redistricting Subcommittee produced a map that preserved Rosedale in Ward 6 to avoid the racial segregation.  But Chairman Phil Mendelson arbitrarily rejected that proposal and sent a new map to the full Council to move Rosedale to Ward 7.  We cannot let this happen.

Ward 6 is already experiencing massive gentrification, and Ward 7 is already approximately 95% Black.  Moving Rosedale to Ward 7 is yet another boost to gentrification.  We urge you to contact Councilmembers today – in particular, Charles Allen, Christina Henderson, Elissa Silverman, and Anita Bonds.  Impress upon them that you oppose moving Rosedale to Ward 7 because it politically disenfranchises our community.

You still have time to tell the Council you support the ANC’s request, or another approach to redistricting if you do not agree with the “final” map.

ANC6A Commissioner Sondra Phillips-Gilbert, a long time outspoken opponent of extending Ward 7 to Rosedale, said of the upcoming vote:

“Rosedale should remain in Ward 6 to maintain the “Racial Equity” (Black Electoral Vote and Voice) of one of the largest and oldest Black communities on Capitol Hill.  Placing Rosedale in Ward 7 will not add “Economic Equity,” but will disenfranchise 69% of the black vote, or 79 % of the total non-white population in my Single Member District.  Based on “CORE’s Racial Equity Assessment Report” Bill 24-0371 will likely exacerbate racial inequity in the District of Columbia. The Redistricting Committee further agreed to preserve “Racial Equity” by keeping the Rosedale Community in Ward 6 in their final report.

Forcing Rosedale out of Ward 6 is not legally justifiable (given that the redistricting legal thresholds do not require this displacement).  Chair Mendelson used his prerogative to make deals to slip in his map without any public scrutiny, while our elected leadership on all levels watched it happen.  This is the question I would like to leave with our elected officials whom will vote on Tuesday, December 21st. How can you advocate becoming the 51st state in the Union, while you’re in the business of “disenfranchising and gerrymandering “a poor and disadvantaged Black Community in our Nation’s Capital?

In Hill East, former ANC6B commissioner Francis Campbell said residents were unhappy about extending Ward 7 boundaries to include them.  “Many feel,” Campbell said, “that CM Charles Allen didn’t fight hard enough to keep Hill East in Ward 6.”  Hill East south of East Capitol is caught in a hard place – resentful they had no voice in the development of Ward 7’s Reservation 13 despite being the neighborhood most affected, and still wanting their closely knit community to remain with the Ward with which they most identify.