advisory neighborhood commission 6b final draft … · applicant and asked for a conversation and...

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ADVISORY NEIGHBORHOOD COMMISSION 6B

FINAL DRAFT AGENDA for

November ANC 6B Meeting

Hill Center at the Old Naval Hospital

921 Pennsylvania Avenue, SE

November 14th, 2017 | 7 PM

1. Adoption of Agenda

2. Presentation: Councilwoman Elissa Silverman

3. Community Speakout

4. Community & Commission Announcements

5. Consent Agenda

Minutes of October ANC Meeting

ABC Letters

ABRA-088611, L Street Market Inc., 7th L Street Market, 700 L St. SE, Renewal Class B Retail Grocery

License; Petition Date: 11/27/17 [04]

ABRA-106180, 3rd & Pennsylvania, LLC, Roland's Grocery, 333 Pennsylvania Ave. SE, Renewal Class B

Retail Grocery License; Petition Date : 11/27/17 [01]

ABRA-076414, Park & Song Inc., Congress Market, 421 East Capitol St. SE, Renewal Class B Retail

Grocery License; Petition Date: 11/27/17 [01]

ABRA-093687, Radici Uno (One Root), LLC, Radici, 301-303 7th St. SE, Renewal Class B Retail Grocery

License; Petition Date 11/27/17 [02]

ABRA-100872, Trader Joe's East Inc., Trader Joe's #622, 750 Pennsylvania Ave. SE, Renewal Class B

Retail Grocery License; Petition Date: 11/27/17 [02]

ABRA-090639, Midagra, LLC, DCanter, 545 8th St. SE, Renewal Class B Retail Grocery License; Petition

Date: 11/27/17 [03]

ABRA-105990, Wineandbutter, LLC, P & C Market, 1023 East Capitol St. SE, Renewal Class B Retail Grocery


ABRA-080006, Cho's Family Market Inc., Mott's Market, 233 12th St. SE, Renewal Class B Retail Grocery


P&Z Letters

HPA #18-044, 421 Seward Square SE, Concept: rooftop addition;

Transportation Letters

Letter to DDOT requesting a Study on Bike Lane Options for Pennsylvania Avenue SE

Letter to Councilmember Charles Allen on a Food Truck Problem in ANC 6B

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6. Alcohol Beverage Control Committee Report

ABRA-086141, Lola’s LLC d/b/a Lola’s, 711 8th St., SE, Amendments to correct SA to permit use of summer garden

that was incorrectly designated as sidewalk cafe in last renewal conforming amendment to SA regarding total seating

and capacity.

ABRA-095181 Harris Teeter, LLC, Harris Teeter, 1350 Potomac Ave. SE, Renewal Class B Retail Grocery License;

Petition Date: 11/27/17 [07]

Letter to ABRA Board regarding the proposed modifications to the SA for SkillZone

7. Planning & Zoning Committee Report

HPA #17-658, 716-718 L Street SE, Concept: three-story rear addition and two-story rooftop addition;

Letter to DMPED and the Mayor on the ANC’s recommendation on the two presented options for the redevelopment

of the Eastern Branch Boys & Girls Club Building;

8. Transportation Committee Report

Letter DC Food Trucks Parking Regulations

Feasibility and possibility of bike lanes on Penn Avenue

9. Financial

Treasurer’s Report

FY17, 4th Quarter Report

10. ANC 6B Input on Other Concerns

Letter to DGS in support of Councilmember Allen and EMCAC to request that DGS get a formal opinion from the

Attorney General’s Office regarding the Eastern Market Special Use Area prior to mandating or initiating new

requirements

Letter to DGS in support of EMCAC that DGS request an official opinion from the Attorney General with respect to

the application of the law on the Eastern Market Special Use Area;

11. HillEast Task Force Report

Letter to ANC 7F requesting a speedy election to fill open SMD seat for Reservation 13.

Letter to the Mayor’s Office, DMPED and other city agencies stating that ANC 6B as an affected ANC with respect

to Reservation 13

12. Eastern Market Community Advisory Committee Report

Open discussion on the majority position of ANC 6B with respect to the closure of 7th Street, management of the

area, and representation of the ANC on EMCAC.

13. Hine Community Advisory Committee Report

14. Adjournment

PLEASE NOTE: At regular Commission meetings, any item may be removed from the consent agenda and placed on the regular

agenda at the request of a single Commissioner. All ABC, BZA, Zoning, and Historic Preservation cases on the consent agenda have

been fully discussed at the appropriate monthly committee meetings. Late-breaking ABC, BZA, Zoning, or Historic Preservation cases

may be added to this agenda. For additional information, email [email protected], or visit ANC 6B’s website: www.ancb6.org. Next

regular meeting: Tuesday, December 12, 2017, at 7:00pm.

SUBSCRIBE TO OFFICIAL ANC 6B NOTIFICATIONS AT THE COMMISSION’S WEBSITE: www.anc6b.org

The ANC 6B Executive Committee will meet on Tuesday, November 28, 2017, at 7:00pm to set the December 2017 agenda. This

meeting is held in the Frager’s Conference Room, 3rd Floor, Hill Center, 921 Pennsylvania Avenue SE

mailto:[email protected]

http://www.ancb6.org/

http://www.anc6b.org/

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Alcohol Beverage Control Committee Meeting Hill Center at the Old Naval Hospital Frager’s Conference Room, 3rd Floor

November 9, 2017, 7:00 p.m.

REPORT ATTENDANCE: Commissioners: Jayaraman (Chair); Oldenburg, Hagedorn, Resident Members: Clare Palace; 1. Approval of the Agenda (1 min) Oldenburg, palace 2nd (3-0)

2. Renewals (45 min)

ABRA-088611, L Street Market Inc., 7th L Street Market, 700 L St. SE, Renewal Class B Retail

Grocery License; Petition Date: 11/27/17 [04]

o No issues with the establishment but people are urinating on the outside. KO—Asked

establishment to install a camera and Applicant has accepted. Store got certificate in

April 2017 for 100% compliance for sales to minors;

Motion: Oldenburg to support the renewal with no changes to existing SA and place on

consent agenda (Jayaraman 2nd) 3-0

ABRA-080006, Cho's Family Market Inc., Mott's Market, 233 12th St. SE, Renewal Class B


o No issues but there are multiple settlement agreements in place. To clean up the

Applicant’s record, SMD Commissioner will have Applicant sign a new SA.

Motion: Hagedorn to support the renewal pending receipt of a signed SA and place on

the consent agenda. (Palace 2nd) 3-0

ABRA-106180, 3rd & Pennsylvania, LLC, Roland's Grocery, 333 Pennsylvania Ave. SE,

Renewal Class B Retail Grocery License; Petition Date : 11/27/17 [01]

o Open to addressing rats and vermin issues

Motion: Jayaraman to support the renewal pending receipt of a signed SA and place on

the consent agenda. (Hagedorn 2nd) 3-0

ABRA-105990, Wineandbutter, LLC, P & C Market, 1023 East Capitol St. SE, Renewal Class B


o New owner, Atilla Suzer, but application is under Lisa Friedman. Have renovated the

Premises and renamed it.

Motion: Hagedorn to support the renewal pending receipt of a signed SA and place on

the consent agenda. (Palace 2nd) 3-0

ABRA-090639, Midagra, LLC, DCanter, 545 8th St. SE, Renewal Class B Retail Grocery


Motion: Hagedorn to support the renewal with no changes to existing SA and place on


ABRA-100872, Trader Joe's East Inc., Trader Joe's #622, 750 Pennsylvania Ave. SE, Renewal

Class B Retail Grocery License; Petition Date: 11/27/17 [02]



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ABRA-076414, Park & Song Inc., Congress Market, 421 East Capitol St. SE, Renewal Class B




ABRA-093687, Radici Uno (One Root), LLC, Radici, 301-303 7th St. SE, Renewal Class B

Retail Grocery License; Petition Date 11/27/17 [02]\



ABRA-086141, Lola’s LLC d/b/a Lola’s, 711 8th St., SE, Amendments to correct SA to permit

use of summer garden that was incorrectly designated as sidewalk cafe in last renewal

conforming amendment to SA regarding total seating and capacity.

There was not action taken on this case as Comm. Loots was not able to have the

amendments ready for consideration.

ABRA-095181 Harris Teeter, LLC, Harris Teeter, 1350 Potomac Ave. SE, Renewal Class B


Applicant was a no show and at the request of Comm. Grace, no action was taken on this

case.

3. Outstanding Issues (10 min)

ABRA-106766, 507 K, LLC t/a SkillZone, 709 8th Street, SE, New Retailer’s Class “D” Tavern

License, Private Club w/ 70 seats, Total Occupancy of 174 person, “Members-Only” Social Club

events for parents. Board requested modifications and options for acceptable language.

Comm. Jayaraman is planning to meet with ABRA Counsel to determine if there might be some

alternate language that would be acceptable to the ABRA Board. However, having reviewed the

DCMR regulation cited by the Board as the reason for requesting § 4-6 be eliminated, the specific

restrictions are not prohibited under the regulations. Comm. Jayaraman has e-mailed the

applicant and asked for a conversation and noted that the simplest solution is for the Applicant to

write a letter to ABRA stating that the provisions in the SA would NOT adversely impact their

business operations. As of the submission these reports, the Applicant has not responded.

There was not action taken on this case.

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ADVISORY NEIGHBORHOOD COMMISSION 6B

PLANNING AND ZONING COMMITTEE MEETING

St. Coletta of Greater Washington

1901 Independence Avenue SE

November 7, 2017, 7:00 p.m.

REPORT

Commissioners present: Burger (chairing), Jayaraman, Krepp, Oldenburg, Ridge

Resident members (RM) present: Danks, Howard

1. HPA #17-658, 716-718 L Street SE, Concept: three-story rear addition and two-story

rooftop addition;

Nancy Safavi, potential owner and Sheila Safavi, potential owner presented the application. The

applicant is interested in the building to operate their comedy performance company and related

activities. The building would house an arts center and its programming. Building would include a rear

addition that would go up four stories, with a mechanical penthouse above. The side of the addition

would be brick, while the street facing facades on the 4th story and penthouse would be white metal.

Questions about the relative massing of the addition and the original structure, where the addition is

substantially larger. The project would be visible from the street and from oblique views.

Commissioner Oldenburg moved (seconded by Commissioner Jayaraman) to take no position on the

application pending further information.

The motion passed 5-0-0.

2. HPA #18-044, 421 Seward Square SE, Concept: rooftop addition;

Ziad Damian, architect, presented the application. The applicant is seeking concept development

approval for a 3rd floor addition to the Capitol Hill United Methodist Church. The addition would

accommodate an elevator to support ADA accessibility. Two phased project, with phase 1 being the

elevator shaft and phase 2 being classroom space. Not a contributing structure (built in 1967). Roof will

be metal and the fins will be either metal or fiberglass (to be painted). Interstitial spaces will be glass.

Commissioner Burger moved (seconded by RM Danks) to recommend the ANC support the application

and place the item on the consent agenda.

The motion passed 5-0-0.

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3. Recap of HEFT Community Meeting on Eastern Branch Boys & Girls Club Building and

discussion on ANC action;

The Morningstar and Century Associates teams presented their proposals for the B&G Club

redevelopment. Questions from the committee focused on the RFP process, requirements, and

compatibility with the Comprehensive Plan; bicycle parking; rental vs. ownership options for the units;

job creation associated with the projects; community space programming and operation; co-housing

feature; the building redevelopment as a community benefit.

Commissioner Ridge moved (seconded by RM Howard) to recommend the ANC communicate to

DMPED a finding that the proposal from the Century Associates team is more compatible with the

Comprehensive Plan than is the Morningstar proposal and that our letter to DMPED also contain the

following requests: We ask that this finding not be interpreted support for related zoning or public space

applications or any other relief. We ask that DMPED work with the developers and other city

agencies to achieve substantially greater clarity and detail on how community space will work and

be managed, including specific timelines for getting community space management finalized and a

sustainable funding and management model for long-term operation. We ask that DMPED put

additional emphasis on affordable housing in the RFP and land disposition process, including senior

affordable housing under the Century Associates proposal. If the Century Associates proposal is

selected, we ask DMPED to work with the developer team to ensure there is a robust plan to engage

existing low-income residents on Capitol Hill to access affordable units in the building; we see

Capitol Hill Village as critical contributor to this effort.

The motion 6-0-1.

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Report of the ANC6B Transportation Committee Meeting

November 8, 2017

Commissioners present: Nick Burger, Jennifer Samolyk, and Kirsten Oldenburg, chairing

Resident Members present: Floyd Brown (6B01), John Manley (6B04), Kelly Waud (6B07),

Corey Holman (6B06), Carol Grissom (6B08)

Also present: Mr. Mike Goodno, DDOT; Mr. Andre Witt, SW BID; Mr. Preston Moore &

Mr. Clifton Weaver, DPW/PEMA; and representatives of Tortilla Coast, Bullfeathers, and

Congressional Liquor establishments.

What is the Feasibility and Possibility of Bike Lanes on PA Avenue SE?

Mr. Mike Goodno, DDOT Bicycle Program Specialist, told the Committee that adding bike lanes

to Pennsylvania Avenue SE has been under consideration by DDOT since 2005 and was

included in moveDC (the District’s multimodal longterm transportation plan) in 2014. Since the

report was completed, Mr. Goodno said that DDOT has been working on the Tier 1 projects

identified by moveDC and is now beginning to consider Tier 2 items, of which the PA bike lane

is one.

Mr. Goodno provided the Committee with a review of existing conditions along the Avenue and

an overview of 4 possible options: buffered bike lanes, protected curbside lanes, protected

median side lanes, and median lanes. All options result in advantages and disadvantages for the

various users, including vehicle flows and parking, bicyclists, and pedestrians.1 Committee

members engaged in extensive discussions with Mr. Goodno.

On a motion by RM Holman, seconded by RM Grissom, the Committee voted 8-0 to recommend

that the ANC send a letter to DDOT requesting the agency to conduct a comprehensive study of

the options for bike lanes along the length of Pennsylvania Avenue SE from the Capitol to the

Sousa Bridge.

DC Food Trucks Parking Regulations2

Commissioner Jennifer Samolyk, 6B01, described the food truck situation that exists at 1st and D

Streets SE. Problems include individuals saving curbside parking spots overnight and then

charging vendors for use of the spaces, vendors parking more than the maximum meter time,

parking in crosswalks, and generating trash. All of this negatively affects the brick and mortar

1 The document is posted at http://www.anc6b.org/?page_id=235 2 Title 24 DCMR Chapter 5 Sections 533-535 and https://dcra.dc.gov/service/mobile-food-truck-licensing-information

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businesses. Because Capitol Hill does not have a “designated MRV location”3 food trucks are

allowed to park in any commercial curbside zone as long as they pay the meter fees and obey

time restrictions. The latter two rules are regularly ignored by food trucks on Capitol Hill.

Owners of Tortilla Coast, Congressional Liquors, and Bullfeathers told the committee that the

vendors are also aggressive when challenged. Mr. Blount of Bullfeathers added that he is

concerned about the lack of security when his sidewalk cafe, with 52 seats and frequent visits by

members of Congress, has a food truck with 7 propane tanks parked immediately in front of it.

While DPW is issuing parking tickets to the food trucks that frequent 1st and D SE, these tickets

are often thrown out by adjudication because DPW is often unable to include make and model of

trucks on the tickets. Tickets issued to the space saver vehicle owners may be ignored. Doing so

has few consequences because the vehicles are registered in MD and VA and unpaid tickets do

not affect registration renewals as they would for DC vehicles.

Mr. Andre Witt, COO, SW BID, presented a comprehensive overview of the current status of the

food truck system based on the 2013 regulatory structure.4 The regulations gave oversight roles

to five DC agencies: DCRA, DPW, DOH, DDOT, and the Fire Marshall. However, apparent

lack of oversight has resulted in food truck operations creating problems similar to those in ANC

6B in all areas of the District. Mr. Witt told the committee that in 2013, when the current

regulations were promulgated, there were 100 food trucks and DCRA had 5 enforcement officers

to cover the entire city. Now, there are 500 food trucks and DCRA has only 1 officer. Unlike

DPW that can only issue parking tickets, this officer can issue tickets for parking and any other

infractions of the regulations such as licensing and compliance with health regulations.

According to Mr. Witt, several BIDs have formed a task force to share information and develop

revisions to the existing regulations. CM Allen is meeting with the task force regularly, and

DCRA is actively working on revisions to Title 24, Chapter 5. Mr. Witt expects the proposed

revisions will be published by DCRA in early 2018. The committee will track DCRA’s progress

and make sure to recommend comments on the proposals.

The objectives of the committee discussion were to (1) try to solve the immediate problems at 1st

and D SE and (2) learn about the food truck system in general. At the end of the discussion,

committee members noted that there did not seem to be any effective actions the ANC could take

to immediately solve the problems at 1st and D SE, given the gaps in the current regulations.

However, it is important that the ANC continue to follow developments, especially the

regulation revision process and be on guard should other areas of ANC 6B attract food trucks.

The committee also felt that the ANC should make DC officials aware of the situation on Capitol

Hill.

On a motion by Commissioner Samolyk (seconded by RM Manley), the Committee voted 8-0 to

recommend the ANC send a letter to CM Allen advising him of the situation at 1st and D SE and

offer to work with the Ward 6 Councilmember on issues arising within 6B.

3 Mobile Roadway Vending (MRV) is the regulatory term for food trucks 4 Mr. Witt’s presentation is available at http://www.anc6b.org/?page_id=235.

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Appendix A: Draft Letter to CM Charles Allen

The Honorable Charles Allen, Councilmember for Ward 6

John A. Wilson Building

1350 Pennsylvania Avenue, NW Suite 406

Washington, DC 20004

VIA EMAIL: [email protected]

RE: Food Truck Issues in ANC 6B and Elsewhere

Dear Councilmember Allen;

At its regularly scheduled, properly noticed meeting on Tuesday November 14, 2017, with a quorum

present, Advisory Neighborhood Commission 6B voted X-X-X to send a letter to you regarding

issues arising from Food Truck operations in ANC 6B.

At the ANC 6B Transportation Committee meeting held on November 8, 2017 a number of concerned

business owners with establishments on or near 1st and D Street SE were in attendance to voice their

concerns regarding Food Trucks interfering with their business operations. Problems include: individuals

saving curbside parking spots overnight and then charging vendors ($80 per day) for use of the spaces,

vendors parking more than the maximum meter time, parking in crosswalks, and generating trash. All of

this negatively affects the brick and mortar businesses.

Because Capitol Hill does not have a “designated MRV location” food trucks are allowed to park in any

commercial curbside zone as long as they pay the meter fees and obey time restrictions. The latter two

rules are regularly ignored by food trucks on Capitol Hill. Owners of Tortilla Coast, Congressional

Liquors, and Bullfeathers told the committee that the vendors are also aggressive when challenged. Mr.

Blount of Bullfeathers added that he is concerned about the lack of security when his sidewalk cafe, with

52 seats and frequent visits by members of Congress, has a food truck with 7 propane tanks parked

immediately in front of it.

As you know, there are currently over 500 Food Truck permits issued in the District of Columbia. Over

65% of these Food Trucks are registered in Virginia. Only 46 of the 500 Food Trucks belong to the DMV

Food Truck Administration. Many of the 500 Food Trucks are not properly registered, or their

registrations are expired. Currently there is only 1 Food Truck enforcement officer in DC.

DC Food Truck regulations were implemented on September 20, 2013. At that time there were only 100

Food Trucks permitted in DC. Right now DC brick and mortar business owners are dealing with a

number of Food Truck related issues due to lack of Food Truck enforcement and outdated Food Truck

regulations.

We know that the DCRA is considering revising the current Food Truck regulations. We are in full

support of an update and plan to follow the process closely. We request that the new regulations bar Food

Trucks from parking within 200 feet of brick and mortar restaurants. We would also like to see additional

Food Truck enforcement officers hired.


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If you need more information on this request, please contact Commissioner Kirsten Oldenburg, Chair of

the 6B Transportation Committee at [email protected] or 202-546-8542.

Respectfully,

Chander Jayaraman, Chairman


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Appendix B: Draft Letter to DDOT

TO: DDOT Acting Director Jeffery Marootian

RE: Request for Bike Lanes on Pennsylvania Avenue SE

Dear Mr. Marootian;

At a properly noticed meeting with a quorum present of Advisory Neighborhood Commission 6B on

November 14, 2017, the Commissioner voted x-x-x to ask DDOT to initiate a comprehensive study on

options for installing bike lanes on Pennsylvania Avenue SE from the Capitol to the Sousa Bridge.

The Commission knows that moveDC in 2014 recommended that the DC bike lane network be expanded

to include lanes on this central route through ANC 6B. Capitol Hill does have an east/west bike route

along East Capitol, north of Pennsylvania Avenue SE, and will have a complete east/west route along

Virginia Avenue SE once the CSX VAT project is completed. However, bike lanes along Pennsylvania

Avenue SE would provide a more central route for bicyclists and improve their safety in using this route.

If you need more information, please contact Commissioner Kirsten Oldenburg, [email protected]

or 202-546-8542.

Respectfully,

Chander Jayaraman, Chairman


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Treasurers Report 11/14/17 *National Capital Bank Balance (10/31/17) $ 55,634.07 *Total Expenditures FY17 to date $ 2,512.89 *Total Income FY17 to date $ 22,791.30 *Outstanding Obligations

FY17 Hill Center additional meeting costs 2nd half - $299.50 (paid)

FY 2017 Transactions

Current Transactions

Date sortable

Ref/Check No

sortable

Description Debit

sortable

Credit sortable

Balance

10/31/2017 INTEREST PAID $2.37 $55,634.07

10/06/2017 4782 CHECK # 4782 – EMCAC 2017 DUES -$100.00 $55,631.70

09/30/2017 INTEREST PAID $2.08 $55,731.70

09/28/2017

DC-D.C. GOVERNMENT SOARACH TRACE#-091000012885729 ST*820* 0001/BPR*C*5692.01*C* ACH*CTX***** 3536001131**01* 20170927/ENT*1/RMR*IV*001232478 DEANC6B4 DX0 DEANC 6B4**5692.01/SE*5* 0001/GE*1*1/IEA*1* 000000001/

$5,692.01 $55,729.62

09/08/2017 4781 CHECK # 4781 - HILL CENTER (ROOMS) -$323.13

$50,037.61

08/31/2017

INTEREST PAID

$2.07 $50,360.74

08/04/2017 4780 CHECK # - ADMINISTRATIVE SUPPORT 4780

-$690.00

$50,358.67

08/01/2017

INTEREST PAID

$2.01 $51,048.67

07/31/2017

DC-D.C. GOVERNME SOARACH TRACE#-091000015204175 ST*820*0001/BPR*C*5692.01*C*ACH*CTX***** 3536001131**01* 20170728/ENT*1/RMR*IV*001226379 DEANC6B2 DX0 DEANC 6B2**5692.01/SE*5*0001/GE*1*1/IEA*1*000000001/

$5,692.01 $51,046.66

07/03/2017 4779 CHECK # 4779- FAGON GUIDE -$310.50

$45,354.65

2

06/30/2017

INTEREST PAID

$1.68 $45,665.15

06/19/2017

DC-D.C. GOVERNMENT SOARACH TRACE#-091000010813394 ST*820*0001/BPR*C*5692.01*C*ACH*CTX***** 3536001131**01* 20170616/ENT*1/RMR*IV*001222347 DEANC36B DX0 DEANC 36B**5692.01/SE*5*0001/GE*1*1/IEA*1*000000001/

$5,692.01 $45,663.47

06/01/2017

INTEREST PAID

$1.70 $39,971.46

05/11/2017 4778 CHECK # 4778- DC ACCESS -$270.00

$39,969.76

05/01/2017

INTEREST PAID

$1.71 $40,239.76

03/31/2017

INTEREST PAID

$1.65 $40,238.05

03/03/2017 4775 CHECK # 4775 -$25.00

$40,236.40

03/01/2017

INTEREST PAID

$1.56 $40,261.40

02/22/2017 4777 CHECK # 4777 -$34.26

$40,259.84

02/17/2017 4776 CHECK # 4776 -$660.00

$40,294.10

02/01/2017

INTEREST PAID

$1.79 $40,954.10

12/31/2016

INTEREST PAID

$1.65 $40,952.31

12/07/2016

DC-D.C. GOVERNMENT SOARACH TRACE#-091000011622723 ST*820*0001/BPR*C*5692.01*C*ACH*CTX***** 3536001131**01* 20161206/ENT*1/RMR*IV*001205576 DE17ANC6 DX0 DE17A NC6**5692.01/SE*5*0001/GE*1*1/IEA*1*000000001/

$5,692.01 $40,950.66

12/01/2016

INTEREST PAID

$1.45 $35,258.65

11/01/2016

INTEREST PAID

$1.54 $35,257.20

1. Personnel $0.00

2. Direct Office Cost $0.00

3. Communication $0.00

4. Office Supplies, Equipment, Printing $0.00

5. Grants $0.00

6. Local Transportation $0.00

7. Purchase of Service $1,013.00

8. Bank Charges, Transfers and Petty Cash $0.00

9. Other $0.00

OCTOBER REPORT

ADVISORY NEIGHBORHOODCOMMISSION 6B HILL EAST TASK FORCE

St. Coletta of Greater Washington1901 Independence Ave SE

11 October 2017

A meeting of the Hill East Task Force of ANC 6B was held at St. Colettaof Greater Washington at 7 P.M. on October 11th 2017.

Commissioner Burger (6B06), Commissioner Ridge (6B09), CommissionerKrepp (6B10), Resident Member Pat Taylor (6B09), and Resident MemberKevin Brown (6B10) were present.

Commissioner Tyrell Holcomb (7F01) joined as a guest. Each item on theevening’s agenda involved properties formerly part of ANC 6B and presentlypart of ANC 7F.

Permits at Reservation 13

The Task Force moderated a discussion with representatives from Donatelli/ Blue Sky, DMPED, DDOT, and DCRA on why no building permits have yetbeen issued for development at parcels F-1 and G-1 at Reservation 13 despitethe looming expiration of a land disposition agreement between the developerand the city.

Permit applications were filed as early as September 2016 for this project. Allhave been subject to multiple review rounds. All parties cited the lack of existinginfrastructure at the site as a challenge. Donatelli noted that this was their mostcomplicated project to date. Audience members shifted uncomfortably in theirseats as this detail connected with the yet-incomplete financing for the project.

Donatelli / Blue Sky indicated that permits must be issued before financingcan be finalized, and therefore before the developers can close on the property.Representatives from DMPED took precisely the opposite position and indicatedthat they were prepared to use fiat power to waive any remaining requirementsand close immediately. DMPED asserted that they will close by the end of theyear.

Commissioners noted that a closing takes place between two parties andencouraged both parties present to sort this out.

Experienced readers will note that DMPED did not say whether they meantcalendar year, fiscal year, Chinese year, or Jovian year – a distinction that maybecome important in early January.

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Commissioner Krepp exhorted representatives from DCRA to sort out sev-eral delays that seemed entirely administrative and not technical.

Commissioner Ridge moved that the Task Force recommend the ANC sendletters to our guest agencies (DCRA, DMPED, DDOT) and other agencies listedin DCRA’s database as delaying permit issuance re-stating our understandingthat permits will issue before the end of the calendar year, that the propertydeal will close before the end of the calendar year, and ground will break on thisproject soon after. The motion passed 5/0/0.

Commissioner Burger and residents present pressed Sarosh Olpadwala, di-rector for real estate at DMPED, for details on future plans for Reservation 13.In his remarks, Olpadwala charted a delicate course between the burdensomeScylla of transparency and the Charybdis of plain language. When he emerged,triumphant, on the other side of this challenging passage, residents and Com-missioners had been led to believe that there were no particular plans for thesite but that future development would be both expedient and deliberate. Thesecret that city officials had already developed a proposal for an Amazon head-quarters covering nearly the entire site would keep for another four and a halfdays.

Future of the Jail

Residents and Commissioners of ANC 6B were made aware of city efforts toredevelop the DC Jail through a series of investigative reports by Jeremy Mohlerand Monica Hopkins-Maxwell writing in the Washington Post and ElizabethO’Gorek writing in the Hill Rag.

Commissioner Burger left the meeting at this point.The Office of Public Private Partnerships (OP3), a small team operating

out of the Mayor’s office, listed the DC Jail as a site that would be redevelopedin 2017 through some kind of public/ private partnership. The idea that thecity was actively reviewing proposals for this redevelopment without havingspoken to the community alarmed many. For this reason, the Hill East TaskForce invited Jeremy Mohler (of In the Public Interest), Emily Tatro (of theCouncil for Court Excellence), Eric Henderson (a returning citizen), QuincyBooth (Director of DC Department of Corrections), and representatives fromOP3 for a discussion on the future of the Jail.

OP3 declined the invitation of the Task Force and referred interested partiesinstead to DMPED, though without first checking with DMPED. DMPED rep-resentatives, present for the earlier portion of the meeting, declined to be puton the spot, unprepared, by their colleages in OP3 and departed.

Mohler, Tatro, and Henderson delivered a presentation ’What’s the Deal forPlans for a New DC Jail’ and took questions from the Task Force and from thecommunity.

This presentation highlighted troubles faced by the jail over the last fifteenyears, including structural problems with the building and curricular problemswith developmental and rehabilitative programming. Presenters noted thatplanners in the Gray administration imagined a combined police academy /

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jail as part of a law enforcement campus but that the Bowser administrationshelved these plans.

Tatro noted that OP3 is required by law to get community feedback beforeissuing an RFP for a project but that this process has not yet started for theJail project. Tatro observed that this community process can be used by neigh-bors to advocate for criminal justice reform and not just for details about thedevelopment.

Trepidacious neighbors voiced general support for a modern jail. Many hadheard nothing about the city’s current effort to replaced the jail and expecteda great deal more information about the project before endorsing any proposal.

Some neighbors were concerned that OP3 rules allowed projects to advancewithout community involvement.

Mohler explained that OP3 is a facility that would allow DC to trade landfor development as a way to skirt limits on our authority to issue bonds. Mohlernoted that feedback will be limited as several pieces that would previously havehad separate opportinuties for feedback will be swept into a single streamlinedwindow. The city would have to provide at most 30 days of notice to the’affected ANC’. Mohler did not know whether the city would regard ANC 6Bor ANC 7F as the affected ANC for this purpose.

Tatro reported that OP3 had received four unsolicited proposals from devel-opers for the DC Jail and that OP3 turned down all four.

Krepp thanked Tatro for providing residents with more information aboutthe project in a few minutes than city agencies had provided in years.

Director Booth noted that DOC is focused on the wellbeing of citizens undertheir care, not on the development project itself. Booth noted that program-ming for inmates is incredibly important. Booth committed to an extensivecommunity engagement process for developing a replacement for the currentjail.

Booth characterized his relationship with OP3 as ongoing and proprietaryand noted that he did not feel free to share proprietary information developedor retained by OP3.

Francis Campbell, in the audience, asked Booth to clarify that the Jail site isnot part of Reservation 13 or subject to the Reservation 13-specific HE zoning.Booth said this was an open issue.

Ridge moves that the Task Force recommend the ANC write a letter to OP3to express outrage that their handling of the Jail solicitation (described recentlyas a ’website error’) has sown confusion in the community and that ANC send aletter to the Council expressing concerns about the requirements for communityengagement through the OP3 process.

Commissioner Krepp seconds the motion and it carries 4/0/0.Ridge moves that the Task Force recommend the ANC adopt the following

resolution:Whereas ... DC Official Code 1-207.38 (sec 738 of HRA as amended) says

that the ’Council shall by act divide the District into neighborhood commissionareas ... In designating such neighborhoods, the Council shall consider natural

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geographic boundaries, election districts, and divisions of the District made forthe purpose of administration of services’,

and Whereas ... the DC charter does not require ANC boundaries to strictlycoincide with DC political ward boundaries,

and Whereas ... the DC code contains many references to singular affectedANCs but never defines this term,

and Whereas ... the DC Court of Appeals in 647 A.2d 793 (1994) decidedthat an ANC may be an affected ANC even in a matter outside its boundaries,

and Whereas ... the DC jail and former DC general hospital holds citizens,voters, and potential candidates for a traditionally vacant ANC SMD,

Be it resoved that ANC 6B should write a letter to ANC 7F encouragingthat Commission to hold and to continue to hold special elections until thepopulation of Reservation 13 is directly represented before an ANC,

And be it resolved that ANC 6B should write letters to relevant Agenciesand Commissions to clarify:

that ANC 6B remains an affected ANC for matters involving unoccpied areascontiguous to and historically included in ANC 6B or ...

areas contiguous to and historically included in ANC 6B that lack both per-manent occupants and an ANC SMD commissioner elected by voters registeredin that area and ...

that this affected ANC status should have no effect whatever on the SMDboundaries within ANC 6B unless these areas should again become part of ANC6B and ...

that ANC 6B is not expressing a view at this time on whether these areasshould return to ANC 6B at the next revision of these boundaries and ...

that ANC 7Fs rights as an affected ANC it matters governing its enactedservice area remain unmodified by these positions.

That motion was seconded by Taylor.Ridge invited Holcomb to suggest changes that might make this message land

better in 7F. Holcomb proposes that ANC 6B and 7F continue to collaborateand that the resolution stand as-is.

The motion carries 4/0/0.

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Notes on Hine Community Advisory Committee Meeting No. 48,

Friday, November 3, 2017

Present were representatives from ANC6b, EOH, HSNN, Eastbanc, and Stanton

Development.

8th Street lane closures: Cranes will be delivering materials again on Saturday,

November 4, 2017, but the street is not scheduled to be closed. Residents who park on the

street should always check for notices before parking on Friday night, however, and

remain alert to potential alley disruptions and lane closures until the utility work is

complete.

1. Construction Progress.

The jackhammering and digging along the 300 block of 8th has been connected to

installation of the new street lights. Complaints were registered strongly about the

nighttime noise from the steel plates placed on the trenches. That work should be

complete by early next week.

The new 700 block of C Street will be open for pedestrian traffic on Saturday, November

4, and for use by the flea market on the weekend of November 11. It will, however, be

several weeks before the street is open for vehicular traffic other than into the garage.

Opening the new block to through-traffic will not occur before the installation of ALL

WAY STOP signs at the corners of C and 7th and C and 8th. No through vehicular traffic

will be allowed, therefore, until at least December. (Note to ANC6b: The committee did

not discuss whether cars will be allowed to turn left onto C when exiting the garage.

Someone should clarify this point with DDOT and Eastbanc.)

The crew that has been working on the new street will move around on Saturday to finish

off the sidewalks and landscaping, etc., along 8th.

Interior finishing work continues on the 8th Street residential building. Apartments will

not be ready for occupancy until probably mid-December. The first tenant has moved into

the Plaza apartment building.

The pre-school at the corner of 8th and D Streets will be opening in Spring 2018, but no

other formal announcements were forthcoming on any other street-level retail or

restaurants on the project site. Formal dedication of the project may, however, occur

sometime within the next few weeks, depending on the Mayor's schedule.

2. Construction Worker Parking

The garage (managed by SP Plus) is now open and developers are validating 700 Penn

garage parking for workers. Workers may not park in the neighborhood.

3. Reconstruction of North Alley and 8th Street Roadbed.

Repaving of one portion of the alley next to the North Building has begun, with the

second phase scheduled to start November 8 and last about 7 days.

DDOT has not yet scheduled the repaving of the 300 block of 8th Street (which will be

done at the developers' expense per the zoning agreement) but it is likely to be in late

November or early December.

4. New Parking Change.

The DC Fire and EMS Department has requested through DDOT that 60' of parking

spaces be set aside on the west side of 8th Street for the exclusive use of fire station

personnel, 24/7. There have been ongoing disruptions of the spaces available to the

emergency workers at our local station on 8th Street, and this request will help to provide

parking throughout shifts. Unlike the rest of the west side of the 300 block of 8th St.,

these places (at the end of the block next to C Street, that is, at the NE corner of the main

project site) will not be metered for general public use and any cars other than those with

fire and EMS stickers will be, presumably, ticketed and towed.

5. Site Cleanliness and Rodents.

The committee discussed problems with the ever-expanding rodent population. Eastbanc

has installed multiple bait stations in the garage and in the site, using a variety of bait

strategies. There was also discussion of the trash dropped by workers, especially these

who are eating breakfast and lunch on the sidewalks (and occasionally the front steps) of

the residences along 8th Street. All agreed to pressure the city to install more rodent-

proof trash cans in the neighborhood, such as those on the Metro Plaza. The 7th Street

BID will, neighbors hope, also step up its part by emptying trash cans twice a day.

Eastbanc has agreed to pay for another round of window washing for the adjacent

neighbors along Eighth Street and the 800 block of C. That will happen probably in late

November or December, once the street resurfacing has finished.

6. Reimbursement for Damage.

Participants reaffirmed that the agreement remains in force to reimburse neighbors for

any construction-related damage, including from the recent street work. If you believe

that your property has been damaged, you should start the request process before the end

of the year, however (that is, while the construction is on-going). Locate your copy of the

pre-construction survey and photos. Document any damage that you believe is

construction-related and then arrange, per Clause 7 of the Construction Management

Agreement (CMA), for an "independent, duly licensed, third-party contractor" to give

you an estimate for needed repairs. Details are spelled out in Clauses 6 and 7 of the

CMA. You will then have to submit that request to the Developer's Representative, Hope

Richardson, and begin negotiations for reimbursement.

7. Management Contacts for Building Operation

North Residential – Kay Wright, [email protected], 202.820.1664 South

Residential – Sunny Shih, [email protected], 202.871.3991

Office and Retail – Shannon Neiman, [email protected], 202.810.8886

8. Next Meeting.

The next meeting is scheduled for December 1, 2017.




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