Back in March, LeDroit Park and Bloomingdale residents mobilized to prevent Councilmember Harry Thomas, Jr. (D – Ward 5) from blocking the transfer of funding to the park project here in LeDroit Park.  Our hard work paid off: Mr. Thomas reversed his resolution in the face of an avalanche of angry calls and emails, a good number coming from his constituents in Bloomingdale.

Now Councilmember Marion Barry (D – Ward 8) has inexplicably placed a hold on the new park contract, possibly delaying construction by at least 45 days.  When reached by the City Paper, Mr. Barry responded,

The Gage-Eckington contract was one of those not authorized by the council, not voted on. The mayor in his shenanigans sent it over the council, and I have the responsibility to protect the taxpayers’ money…There’s no money available, and there’s no authority to do this.

Mr. Barry’s statement contains a half-true and a lie. This current contract is being submitted to the Council for passive approval, which is required of city contracts over $1 million.  If the Council does not act on it within a certain period of time, the contract is approved.  This is common method of review since the Council does not have the time to vote explicitly on every city contract.  So, yes, this contract with Keystone Plus Construction Corporation has not been voted on, but few contracts of this size are.

More distressing is that Mr. Barry is absolutely wrong to state that the money isn’t available and that the mayor doesn’t have the authority to build this park.  On March 2, Mr. Barry and the rest of the Council voted unanimously to approve the mayor’s request to re-appropriate $1.5 million for this park:

Sec. 2. (a) Pursuant to section 47-363 of the District of Columbia Official Code, the Mayor transmitted to the Council on February 19, 2010, a reprogramming request of $1.5 million from the capital budget authority and allotment from the Department of Parks and Recreation and the District Department of Transportation to the Office of the Deputy Mayor for Planning and Economic Development.

(b) The Council approves the $1.5 million reprogramming request.

Sec. 3. The Secretary to the Council shall transmit a copy of this resolution, upon its adoption, to the Office of the Mayor.

Sec. 4. This resolution shall take effect immediately. (our emphasis)

Facts are stubborn things, Mr. Barry.

Mr. Barry’s new-found scrutiny (obstruction, really) of city projects is especially ironic considering he doled out d0-nothing city contracts to his girlfriend and when questioned on the conflict of interest, responded to the Post,

“You all think it is inappropriate to hire a girlfriend. I don’t think it is. In fact, there is no law against it.” When asked whether he would hire another woman he becomes romantically involved with, Barry said, “Unless the law changes, why not?”

The Council’s fair-weather watchdog is likely angling for a quid pro quo from the rest of the Council before he withdraws his resolution.  Perhaps he’s holding out for the Council to cut him a deal he can’t get by any other means than logrolling.

Or he may simply want attention, since his unanimous Council censure and ejection from committee positions has spared the city from much of his legislative influence.

But even if Mr. Barry’s stubbornly refuses to withdraw his disapproval, his huffing and puffing will be for naught since he likely doesn’t have the votes to defeat the contract.

Several civic groups in LeDroit Park and Bloomingdale are turning up the pressure on Mr. Barry and the Council.  He may not have realized what he has provoked.

Mr. Barry also issued another mysterious disapproval resolution yesterday to block DDOT’s consolidation of its offices into one building near Nats Stadium.  Mr. Barry was stripped of his chairmanship in March after it was revealed last July that he was issuing do-nothing city contracts to his girlfriend.  Our sources tell us that since then he has taken to generously sprinkling disapproval measures for projects throughout the District in a desperate move to show that he still matters.

The park can still move forward without the extra delay if Mr. Barry is convinced— likely with an old-school lobbying effort— to withdraw his motion.  It’s a pity, though, that important government projects are subject to the whims of childish councilmembers.  It should not take yet another lobbying effort to get this park built.

In a city that decries Congressional meddling in local affairs, it’s truly ironic that a desperately need Ward One project is put on hold by a councilmember we didn’t even elect.

At the Ward One Candidates Forum on Tuesday, all four candidates stated their cases for representing the ward after the upcoming election.

Jim Graham

Jim Graham (D) spent the entirety of his five minutes as most incumbents do, listing his accomplishments since his first election in 1998.  Specifically he listed the following:

• that he secured funding for the beautification of Anna J. Cooper Circle in 2003;
• that he supported the Mary Church Terrell House project;
• that he got the 400 block of T Street named Walter Washington Way, after the LeDroit resident who was also DC’s first elected mayor;
• that he was “part of the neighborhood mobilization” in response to the robberies at the LeDroit Park Market several years back;
• that he was able to get the city to restore and renovate the Williston Apartments at 236 W Street into affordable housing apartments;
• that he has helped get city money for the Howard Theatre for its pending revitalization;
• that he has secured tax abatement legislation to get UNCF to move to Shaw, despite others’ objections to the use of tax abatement to lure development; and
• that he supported from the start the effort to turn the now-demolished Gage-Eckington School into something other than an abandoned building.

During the question and answer session, Mr. Graham also stated his support for school vouchers.

When asked about small-business set-asides for city contracts, Mr. Graham expressed his disappointment with the lack of enforcement.  The problem, he stated, was not with the laws, but rather with their enforcement.

Marc Morgan

Marc Morgan (R), a resident of LeDroit Park, announced his love of the neighborhood and focused a good deal of attention on crime and small business development.  He asked how many people feel safe walking around at night.  He said he wants to facilitate the improvement of the District’s small businesses, which serve as the best sources of local employment.

Mr. Morgan also announced his environmental credentials and the importance of reducing carbon footprints.  Throughout much of the question and answer session, Mr. Morgan touted the value of leveraging public-private partnerships to accomplish various worthy tasks, such as environmental protection and energy conservation.  When asked if he had held elected office before, Mr. Morgan responded that he had owned a chain of restaurants in Ohio and Arizona and that he served as an environmental official in Ehrlich Administration in Maryland.

Jeff Smith

Jeff Smith (D) brought photos and graphs for his speech, which he started with the complaint that Ward One has become less green and over-developed.  He didn’t hesitate to mention that one of Councilmember Graham’s top staff members had been indicted on corruption charges and that the Metro, under Mr. Graham’s continuing tenure on the WMATA board, has suffered a catastrophic crash and subsequent loss of public confidence.

Mr. Smith held up graphs illustrating that Ward One leads the city in robberies and thefts and a graph comparing proficiency ratings for DC public school students versus their counterparts in Maryland and Virginia.

Beyond graphs, Mr. Smith also held up photos of various blighted spots in Ward One that he claims languish despite the glitz in Columbia Heights and U Street.  The crumbling Howard Theatre was one of them.

Mr. Smith expressed cautious support of Michelle Rhee and charter schools.  When asked how he would pay for his plans, he trotted out the usual response of better management of existing funds.

Brian Weaver

The evening’s final candidate was Bryan Weaver (D), who is currently an ANC commissioner in Adams Morgan.  Mr. Weaver started off announcing that his campaign’s theme was to bring accountability and oversight to the District government, a hot topic lately.  He criticized DCPS for improperly assigning teachers and called nearby Cardozo High School the “school of least resistance,” by which he meant the dumping ground of problem children.  Nonetheless, he praised Michelle Rhee for making “great progress” and he cautioned residents to be patient about school reform.

Regarding the city’s falling revenues, he said that we need to restructure the District’s tax code and rethink how the city does business.  He brought up the recent park construction fracas as a prime example of waste.

Weaver was the only candidate of the evening to express the concern that Ward One is headed for a widening income gap and that we would become a ward of the well-off and the poor.

What issues matter to you the most?

View U-14th-Florida-9th Arts Overlay in a larger map

The Uptown Arts Overlay District (shaded in red above) covers much of the commercial areas on U Street and Fourteenth Street (and some side streets) and limits eating establishments in the zone to 25% of the linear frontage as measured along Fourteenth and U Streets in the zone (red lines above). The original purpose of the limitation was to prevent the area from becoming “overrun” with restaurants, thus crowding out other non-eating establishments.

DCRA recently finished surveying the zone and found that the area is a mere 12.6 feet short of hitting the 25% limit, meaning that DCRA will not issue new Certificates of Occupancy or Building Permits for restaurants unless they receive zoning variances.  Variances takes months to approve and aren’t guaranteed.  Now opening even a modest café will require much more time and money and may require hiring a lawyer to apply for zoning variances.

The MidCity Business Association is upset and is demanding a zoning text amendment to raise the limit from 25% to 50%.  Their fury directed at DCRA is unwarranted, though, as the agency must enforce zoning laws.

MidCity, though, has a lot of support on its side.  Last year the three ANCs in the overlay, 2B, 2F, and 1B, as well as the Logan Circle Community Association and the U Street Neighborhood Association all supported increasing the limit from 25% to 50%.  Though the changes to the Uptown Arts Overlay were expected to be included as part of the District’s city-wide zoning rewrite, DCRA’s recent decision, combined with the fact that the city-wide zoning rewrite is over a year away, have given new urgency to an immediate text amendment.

Now it is the time to act.  As Greater Greater Washington (GGW) explains, zoning amendments typically originate from either the Zoning Commission or the Office of Planning, but an ANC or ordinary citizen can propose a text amendment, too. The Zoning Commission, if it decides to take up the matter, would hold a hearing and decided whether to approve the amendment.

Limiting the space devoted to eating establishments allows for more space devoted to neighborhood-serving retail such as dry cleaners, grocery stores, furniture stores, and clothing stores.  Even still, restaurants serve residents, too, and the 25% limit is too low.  Seventeenth Street in Dupont, as GGW explains, enjoys a sufficient variety of neighborhood-serving retail stores even though frontage devoted to eating establishments far exceeds 25%.

The Overlay extends as far east as the Howard Theater and even down Ninth Street’s Little Ethiopia.  If the 25% rule holds, don’t expect any new restaurants to open up there, either. [see update below]

What do you think?  Should the District allow more eating establishments in the area?

Update: We emailed the Office of the Zoning Administrator for clarification, and we stand corrected: “The 25% restriction only applies to businesses within the subset of 900-1400 blocks of U St NW and the 1300-2200 blocks of 14th St NW; so a potential restaurant on 9th St NW would be able to proceed without seeking BZA relief.”

View ANC1B in a larger map

The LeDroit Park post office, located at the entangled crossroads of Rhode Island, Florida, and New Jersey Avenues and S and Fourth Streets, is a mystery to us. Every time we have paid it a visit— even during the day on weekdays!—  it has been closed for lunch or just closed for the rest of the day. In fact, we have never set foot inside due to its inconvenient hours.

When in April the City Paper reviewed the post office (yes, they used to do such a thing), they awarded it a D+, but we doubt the reliability of such a whimsical alt-paper metric.

Nonetheless, just before we moved to the neighborhood— that is, before we left for LeDroit— we couldn’t help but wonder how a post office with such inconvenient hours could generate enough revenue to justify its existence.

Our intuition was right, for we soon learned that the Postal Service had added the location to its list of offices to close nationwide.  Makes sense, after all, and the second-nearest post office isn’t too far away, located on the Howard campus.

Not so fast.  Del. Eleanor Holmes Norton (D) congratulated herself in her most recent biannual newsletter for removing all District post offices from the closure list.  Though Ms. Norton surely believes she’s helping her constituents, nowhere does she explain how the Postal Service is supposed to close a projected $238-billion budget gap over the coming decade.  If every Member of Congress intervenes on the behalf of each low-performing post office in his own district, the Postal Service will have to find other ways to compensate for the resource drain, perhaps by raising rates and eliminating Saturday delivery.  Mrs. Norton may think she did the District some good, but she and her colleagues are hastening the demise of the mail.

Thanks to a wave of citizen pressure on the council, LeDroit Park narrowly avoided yet another delay in park construction.

Last night we learned that Councilmember Harry Thomas, Jr. (D – Ward 5), would offer a bill this morning to prevent the mayor’s office from re-appropriating $1.5 million to the park project here in LeDroit Park.  His stated reason for throwing a wrench in the process was that his bill was simply a “procedural matter to ensure that the funding source is constant with the Deputy Mayor['s] testimony that the funds will not be taken from other projects and that the funds are properly identified.”

As though a phone call within the Wilson Building wouldn’t have answered that question.  Threatening to further delay a much-needed construction project that the council and mayor had already promised may not be the most prudent way to stick it to the mayor’s office; Mr. Thomas woke the sleeping dragon.

Deluged with emails between residents, civic association leaders, Jim Graham (D – Ward 1), Kwame Brown (D – at large), and Mr. Thomas, himself, the council passed a revised version of Mr. Thomas’s bill, this time explicitly approving the re-appropriation.  Now there’s a u-turn!

Our thanks to all the residents who contacted the council to voice their disapproval.  Mr. Thomas admitted receiving an avalanche of 230 emails this morning on the matter.

And who said citizen democracy doesn’t work?

I would like to confirm that I am in support of moving forward with this project and supportive of the steps and work that the LeDroit Park community and many members from the Bloomingdale neighborhood have taken to support the Ledroit Park Project and will commit to ensuring that I will continue to support a contract process that moves this project forward and ensures its completion. (our emphasis)

It seems a councilmember is entitled to change his mind.

Mr. Thomas will introduce a bill tomorrow in the Committee on Libraries, Parks & Recreation, a committee he chairs, to prevent the mayor’s office from allotting $1.5 million for the park.

We’re not sure why Mr. Thomas has changed his mind, but residents are encouraged to call him or email him to ask why and to express the importance of the park.  If the site remains a mud pit in November, voters in Bloomingdale (Ward 5) may remember that on their way to the polls.

The District government uses GPS to track its plows and publishes the location data for the public to see.  Enter in your address or an intersection and watch an animated history of plowing over the past few days near you.

Please recall that under District law, property owners should have cleared their sidewalks by now. It’s certainly no fun, but it helps life return to normalcy.

Now pay up.

Our city council and mayor, ever desperate for new sources of revenue, have levied, effective today, a five-cent tax on every paper and plastic bag.  So unless you carry reusable bags in your pockets for every unforeseen trip to the store, get ready to shell out.

The stated purpose of the tax is to clean up the Anacostia River and three or four cents of every nickle collected will go to the Anacostia River Protection Fund.  Some stores have the option of offering a five-cent credit to customers who bring their own bags.  In such cases, store owners will be allowed to keep two of the five cents of the tax they collect.

The bag tax applies to every store that sells food or alcohol.  Since Best Buy sells candy near its check out lines, the tax applies there, too; you’d better take a reusable bag to carry your new DVD player home on the Metro.

Paper bags, which are biodegradable, are also taxed, not because of any potential impact on the Anacostia, but because of politics: store owners feared that a tax on plastic bags would encourage customers to opt for their more expensive paper counterparts.

For those who own cars (your author is not one of them), it might be easy to store one’s bags in the trunk and to pull them out at the store.  The rest of us are expected to carry bags on our persons, which is a nuisance that the mayor, with his city-provided SUV, and the council, with their free street parking in front of the Wilson Building, probably don’t understand.

Our biggest complaint about this tax is not so much the money, but the degree of condescension it exudes, implying that those who use plastic bags are sinners destroying the Anacostia.  Readers of this blog will note our distaste for litter, especially the heaps of it that pile up in front of the Howard Theater on the Block of Blight.  It’s easy to levy a feel-good tax, whereas a sustained effort to fine people who litter and to sanction businesses whose customers litter isn’t nearly as sexy.

New Year, Newspeak

Adding to the condescension is the legislation’s wording, which refers to the tax by the more innocuous word fee, as though city residents are too stupid to identify a tax when they see it.

The District Department of the Environment, which is responsible for administering the new tax (oops, I mean “fee”) has jumped on the Orwellian bandwagon, too, refusing to use the word tax.  Even worse, their campaign against plastic bags (see the image above) is an exemplar of newspeak, urging us to “skip the bag [to] save the river”.  For those of use who don’t litter— the majority of District residents— to “skip the bag” will not “save the river” since we wouldn’t have littered anyway and by reusing other bags, we avoid paying the tax to finance the river clean-up.  Ironically, by skipping the bag, we are not helping to save the river.

Cleaning up the river is a worthwhile goal, but levying yet another regressive excise tax wrapped heavily in moralistic rhetoric is neither honest nor fair.  Financing river cleanup should come from proven sources of river pollution, including sewers (by taxing water bills), impervious real property (WASA already charges a fee for this), and by enforcing anti-littering laws more aggressively.  Many of us, the majority I’d expect, use plastic bags and dispose of them responsibly so they don’t soil our communities and rivers.  Nonetheless, we are the scapegoat pretext for this new tax.

We are willing to bet a shiny nickle that this latest feel-good tax will do little to curb littering and we expect the heaps of garbage to continue to pile up in front of the Howard Theater.