Minutes of EMCAC Meeting, 9/26/2007
Sunday, October 21st, 2007 at 10:45 pmEMCAC
Minutes
September 26, 2007
Old Naval Hospital
Present: Brunson, Burger, Eck (new CHRS representative), Edwards, Gallo, Glasgow, Jarboe, Kuchenberg, Layman, Opper-Weiner, Scheeder
The meeting was convened at 7:08 p.m.
1. Agenda
Mr. Glasgow asked that discussion of the legislation be added under Market Operations. Mr. Burger moved/Mr. Burger seconded a motion to approve the agenda as amended. It passed without objection.
2. Minutes
Ms. Kuchenberg moved/Mr. Glasgow seconded a motion to approve the minutes of the August meeting. It passed without objection.
3. Election of Officers
Mr. Burger announced the election of officers for FY 08. He said the position has been advertised for the last 60 days in local newspapers, and that nominations were closed on September 15th.
He announced the following candidates: Chair: Donna Scheeder; Vice Chair: Chuck Burger; Secretary: Monte Edwards; Treasurer: Larry Gallo.
He said the Nominations Committee had met and examined the submitted names, and there was a majority vote to forward the names to the full Committee. Motion: Mr. Kuchenberg moved/Mr, Gallo seconded a motion to close nominations. Each candidate was given two minutes to speak.
Mr. Burger stated that an issue was raised about the certification of representatives to EMCAC, and that a more consistent process of certification should be developed. The question is now that non-organized groups have full voting status, they should be further legitimized. The Executive Committee recommends that questions about the representation of food and non-food vendors should be forwarded to the Tenant’s Council. Ms. Scheeder said that now that there was a question about representation, she would forward the question to the Tenant’s Council. Ms. Opper-Weiner said that the Tenant’s Council should be mindful of the conflict of interest provision in the by-laws, and there could be conflicts by the vendors in discussing market management. Ms. Eck suggested that the tenants can establish conflict-of-interest criteria.
The results of the election are: Chair: 8 votes for Ms. Scheeder; Vice Chair: 8 votes for Mr. Burger; Secretary: 8 votes for Mr. Edwards; Treasurer: 6-1-1 votes for Mr. Gallo.
4. Market Operations Subcommittee
Recommendations to the Project for Public Spaces
Mr. Kuchenberg presented the proposal prepared for EMCAC by the Project for Public Spaces, and reported that the recommendations of the Subcommittee that had been accepted at the last meeting were forwarded to the Project for Public Spaces (PPS). He said that he feels that Mr. O’Neill should review previous Eastern Market documents prior to moving forward, particularly the governing act.
Ms. Scheeder pointed out that part of the process is to hold interviews with members of EMCAC, as well as other stakeholders, and he wants to start the interviews almost immediately. Mr. Edwards said that before the interviews, there will be a meeting with EMCAC Executive Committee, It was pointed out that the document will be taken to the meeting. Mr. Kuchenberg said Mr. O’Neill should have a tutorial on the Act.
Motion: Mr. Kuchenberg moved/Mr. Edwards seconded a motion to endorse the proposal of the Project for Public Spaces, with the caveat that it incorporate the recommendations of the Market Operations Subcommittee. It passed without objection.
Legislation
Mr. Glasgow again pointed out the provision in the Eastern Market legislation that would allow rents to be raised 110% of the Consumer Price Index, and it requires a technical change in the Act. Motion: Ms Scheeder moved/Ms. Opper-Weiner seconded a motion to transmit an explanation of the problem to Councilmember Wells and seek his support to sponsor corrective legislation.
Mr. Layman expressed his view that the legislation is flawed, and it should be revisited. Mr. Gallo agreed. Ms. Opper-Weiner suggested that the way the legislation reads is contrary to the intent of the law. Ms. Eck reiterated that it is only a technical amendment. Mr. Burger said that there is an awareness that there are things in the legislation that need changes, and the time will come that it can be fully revisited. Ms. Scheeder said that it took a very long time to reach an agreement on the Act and it should be revisited carefully. The motion passed without objection.
5. East Hall Murals
Rachel Dickerson, of the DC Council on the Arts and Humanities spoke about the project, which, as part of the Commission’s Art in the Community program, has issued a call to Eastern Market artists for a project which will have twelve adhesive acrylic images by 12 artists affixed to the East Hall north wall. The panels will mirror the windows on the Market building. The deadline for submission is January.
Mr. Burger mentioned that the children’s art done after the fire has been archived and should be used in some way. Mr. Gallo said that it was a great project and asked about the budget. He was told that each artist will be paid $100, and the whole project will cost about $10,000. Ms. Scheeder asked whether the Commissionl will have the rights to the art or will the artists retain the copyrights in case they will be used for non-commercial purposes. Ms. Opper-Weiner said she was baffled as to whether EMCAC was being told this is happening or whether there would be consultation with the people whose building is being decorated. Mike Berman said that he had been asked by Ms. Scheeder to work with the Commission, and he has been working with them. Mr. Burger said that EMCAC is looking for symbols for the Market and it would be great if this were something that could be used. Ms. Brunson said that the merchants need to see what’s going on in their building. Ms. Scheeder said it will be a juried selection and there will be an inclusive selection process. Mike Bowers said that the artists are an underutilized resource at the Market.
6. Consideration of Third Amendment and Lease Extension
Ms. Scheeder reported that she sent an e-mail to Lars Etzkorn at the Office of Property Management (OPM) expressing EMCAC’s concern that the lease extension agreement was in violation with the EMCAC legislation in providing that EMCAC does not have to be consulted on East Hall matters. He said that the section was meant to ensure that EMCAC is involved in East Hall matters. Mr. Kuchenberg suggested a list of questions be sent to Mr. Etzkorn to elicit needed information.
Mr. Edwards said that the language in the agreement is poorly crafted and some of, the substantive provisions are problematic. He said that many issues exist:
- The Act has to recognized
- There is a substantial increase in the fees being paid to the Market Manager
- What Is the Market Manager doing?
- None of the utilities are individually metered, and OPM is tasked with making the allocations
Ms. Opper-Weiner said she was alarmed that any agreement was entered into that abrogate the Act. After a meeting that morning with OPM, she said, it is clear that the Market is in crisis. Ms. Scheeder added that that is one of the benefits of having an EMCAC. Stakeholders should be consulted, and she said, she supports having a stakeholders meeting on the Amendment. Mr. Burger said he supports having an immediate meeting, and he was “completely numb” after reading the Amendment, and said that an element of trust enters into the equation. He said the document is flawed legally, it is poorly written and some of the things in it are questionable. It’s a bad document. EMCAC has worked well in a supporting role, and this is a bad example of what happens without consultation. There is a need to come up with strategies to deal with this. Motion: Ms. Opper-Weiner moved/Ms. Eck seconded a motion to refer the Third Amendment and Lease Extension to the Market Operations Subcommittee. It passed without objection.
7. Office of Property Management
Stacy Norris, of the Office of Property Management, reported that
- a roundtable with OPM, DDOT and EMCAC has taken place
- the Third Amendment has been signed and OPM looks forward to working on its implementation
- the rent increase on the Farmer’s Line will be implemented on October 1st.
- the request for a bulletin board will be resolved by utilization of OPM’s website with banners advertising the site posted in the East Hallm at opm@dc.gov/eastern market.
- OPM is developing an East Hall map on the website with pictures of products and vendors.
Mr. Edwards reminded Ms. Norris that Edge Advertising had designed a bulletin board for the arched stall at Eastern Market, and there is a need for a physical bulletin board. Ms. Scheeder added that people are interested in what’s happening. and that EMCAC should be consistent with its communication policies. She reminded all present that the previous month EMCAC voted not to rely solely on web-based communications for publicizing meetings and agendas. Mr. Layman added that it was the stupidest idea he had ever heard. Gerrick Smith, of OPM said that he made a commitment for a bulletin board and it would be installed. Mr. Opper-Weiner added that there are at least two Eastern Market web sites already., and there has to be a central place for messages, and it should be within the purview of OPM.
Ms. Norris said that she knew there was an issue with the drainage in the East Hall with Southern Maryland Seafood, and they are working on it. Someone had come by to look at it for an estimate. Mr. Glasgow suggested a solution with drilling a hole, installing a sump pump and pump it to drain. Ms. Brunson added that the janitor should wash with bleach and water twice a day. Mr. Burger said they have to do better and do it quickly because there’s a threat to public safety. Ms. Norris reported that the fly zappers are up and are being cleaned more often.
Mr. Glasgow reported that the roof in the East Hall is raising temperatures too high, and shade tents should be placed over the roof. He said it will cost a fortune to heat the building if a tent is not provided. Mike Bowers added that his equipment is losing its warranties because it is pumping so hard. Mr. Smith responded that they had purchased the darkest tent they could, and he has spoken with the building people to see whether there is any solution. He has also talked with the air conditioning people. Ms. Scheeder said it was the law of unintended consequences, that DDOT made the decisions and OPM and EMCAC inherited them. Things have to be dealt with one at a time, however. She said the merchants know best what needs to be done, and the Tenant’s Council should gather the information and work with Mr. Smith. Mr. Glasgow said the city has been great, but that new issues have to be dealt with.
Mr. Edwards reminded Mr. Smith that he had asked about the North Hall and asked for a consultation on such issues as dance floor storage. Mr. Smith agreed that he had dropped the ball.
Construction Schedule
Mr. Smith reported that the gutters on the shed are not broken, but are a bad design because they drain on to the sidewalk. He said that the leaks can be fixed at the time they do the streetscape, and perhaps something can be done about the design at that time.
He said he will get a bulletin board.
He said that the fences can be moved closer in on the weekends, but there is a problem with roof construction beginning shortly, and he wondered whether it was worth it for just a few weeks.
On the ADA ramp, he is consulting with Linda Landers the City’s new ADA coordinator. He forwarded the site plan and is waiting for a response. Ms. Opper-Weiner again reminded EMCAC that John Wodatch, the ADA enforcement agent for the Department of Justice could be consulted. Mr. Burger said that it is not a competition on who knows more, but as long as there’s no dialog there will be no resolution. The City ADA person will probably rubberstamp the plan. There is a rumor that there are 100% drawings of the project, again without discussion. Mr. Smith said that the ADA office also has EMCAC’s comments.
Mr. Smith responded that the ADA issue is still being looked at, and can easily be changed. There is plenty of time to get EMCAC’s ideas and he had consulted with the ADA office because he needs someone to walk him through the issue so that he could speak intelligently about it.
The roof hatch, he reported, will not protrude more than it does currently and the window and roof build-out are all on schedule.
Ms. Opper-Weiner said that many of these issues have existed since 1999, and EMCAC is a good resource for information and knowledge if it is consulted with. Mr. Bowers added that fact-finding is important, because the merchants believe that the skylights will cause damage. He said a cost benefit analysis should be done on the heat loss caused by the skylights. He added that moving forward with the skylights does not preclude covering them. Ms. Scheeder said that the reason the skylights keep coming up is because of the experience with the new building.
In response to a question, Mr. Smith said that the South Hall temporary under-roof should be sealed by the end of September and the slate will be done in April or May.
Mr. Edwards commented that there is time to look at other sources of light before the 100% drawings are finalized. The specs, he said, don’t have to be done immediately and the light levels in the East Hall will provide actual experience and should serve as a guide.
8. Market Manager
Bryan Cook said that there is a catalogue of problems that are being dealt with. Ms. Scheeder said that space assignments appear to be an issue every week. Mr. Cook replied that he has heard complaints but has not seen them. There might have been a problem during the space transition when there was a limited amount of space, but he hasn’t heard any complaints when he has been there on the weekends. He added that he doesn’t get involved with the North Hall vendors.
Mr. Bowers asked whether outdoor vendors had been added or subtracted, and was told that the inside merchants who were outside was an addition. Mr. Bowers said that somewhere there should be an inventory, and Mr. Cook said that there is a layout by slot that shows where farmers are located. The crafts vendors have been moved around.
Ms. Scheeder said that EMV, as the landlord the North Hall, has oversight over their space, and should be telling them that they have to comply with Market regulations. Mr. Cook reiterated that he had not been advised of any complaints. Ms. Opper-Weiner said that he is not there to receive them.
Mr. Edwards said that he had asked Rick Cohen for a parking plan, which he has not received, and the he had a letter from the 7th Street merchants, signed by Ken Golding, outlining problems they are having.
Mr. Burger asked whether the North Hall is in compliance with their lease, and was told that they are $12,000 in arrears on their rent. Ms. Eck asked whether EMV was going to issue a notice that they were in violation?
Ms. Opper-Weiner said that EMCAC has learned that EMV has gotten a huge raise, and asked whether there was money in the EMV budget to cover the was told that there was. Ms. Scheeder added that no rent increases can be enacted without consultation with EMCAC, and the process was outlined in the law.
Mr. Cook was asked about the excessive trash, after a local resident displayed photographs of the area around the dumpster taken at various hours of the day and night. Mr. Cook said that OPM has ordered two new compactors that will arrive in two weeks to help the situation. He said he thought it had gotten progressively better. Mr. Bowers asked what time the janitorial staff leaves and whether porters are there in the evening to clean up. He was told that the leftover garbage is put in the dumpster at night. Ms. Scheeder said that a new tack has to be taken, and she asked Ms. Norris and Mr. Cook to work together to find a new route to solve the problem.
9. Capital Improvements
Mr. Edwards said that because of the lateness of the hour, he would move the Capital Improvements Subcommittee report to the next meeting.
10. Tenant’s Council
Mr. Bowers reported that the Tenant’s Council had met with EMV, OPM and the DC Commission on the Arts, and the meeting had provided a good opportunity for dialogue. A copy of the Tenants Council report is attached to these minutes.
11. Treasurer’s Report
Because of the transition to a new Treasurer, there was no Treasurer’s Report.
12. Community Comment
Carol Wright announced that the Saturday Flea Market vendors were starting a petition to open 7th Street because the vendors were having terrible difficulties with deliveries. They plan to “aggressively” ask the City to reopen the street to traffic.
Next Meeting
The next meeting of EMCAC will be held on Tuesday, October 23rd , 7 p.m. at the Old Naval Hospital, 921 Pennsylvania Avenue SE.
The meeting was adjourned at 9:40 p.m.
