2026-10-13 - Committee of the Whole

00:00:06.9] CHAIR MENDELSON: I'M CALLING TO ORDER THIS HEARING, A PUBLIC

00:00:09.4] HEARING OF THE COMMITTEE OF THE WHOLE THE COUNCIL OF THE

00:00:11.2] DISTRICT OF COLUMBIA. I AM, PHIL MENDELSON CHAIR OF

00:00:16.3] THE COUNCIL AND SHOW THE COMMITTEE OF THE WHOLE.

00:00:17.4] TODAY IS TUESDAY, OCTOBER 13, 2026.

00:00:21.2] IT IS 12:22 IN THE AFTERNOON. WE ARE IN ROOM 412 OF THE JOHN

00:00:26.7] A. WILSON BUILDING. OUR FOCUS IS ONE BILL, BILL

00:00:33.4] 26-770, WHICH IS ENTITLED "RESTORATION OF COVENANTED ROADS

00:00:36.5] AND ALLEYS BY THE DISTRICT GOVERNMENT CLARIFICATION

00:00:37.6] AMENDMENT ACT OF 2026." THIS LEGISLATION WAS INTRODUCED

00:00:42.2] BY ME ON JULY 13 OF THIS YEAR AND IT WOULD AMEND THE

00:00:48.2] RESTORATION OF COVENANTED ROADS AND ALLEYS BY THE DISTRICT

00:00:53.3] GOVERNMENT ACT OF 2024. THE STATED PURPOSE OF THE BELLS

00:00:57.4] TO FURTHER CLARIFY THE DISTRICT GOVERNMENT'S AUTHORITY TO REPAIR

00:01:01.0] AND RESTORE CERTAIN PRIVATE RIGHTS-OF-WAY TO A CONDITION

00:01:03.6] APPROPRIATE FOR THE PASSAGE OF MOTOR VEHICLES OWNED OR OPERATED

00:01:07.2] BY THE DISTRICT GOVERNMENT. THE COUNCIL ADOPTED EMERGENCY

00:01:12.1] VERSIONS OF THIS LEGISLATION IN JULY OF 2026 TO SUPPLEMENT A LAW

00:01:15.7] IN 2024. THE NEED FOR THE 2024 LAW AROSE

00:01:19.9] FROM THE OUTREACH OF SEVERAL RESIDENTS OF THE HILLCREST

00:01:22.9] COMMUNITY IN SOUTHEAST WASHINGTON IN 2021.

00:01:26.7] A GROUP REQUESTED THAT A PRIVATE ALLEYWAY OF W STREET BE

00:01:30.3] CONVERTED INTO A PUBLIC ALLEY TO ENSURE THEY MAINTAINED THE

00:01:33.2] ABILITY TO USE THE DRIVEWAY TO ACCESS THE REAR OF THEIR HOMES.

00:01:36.8] SIMILAR SITUATIONS EXIST REGARDING ALLEYS AND OTHER

00:01:39.7] PLACES AROUND THE CITY, IN PARTICULAR, OR AS ANOTHER

00:01:44.2] EXAMPLE, AN UNPAVED ALLEY OF MORRIS ROAD BADLY IN NEED OF

00:01:51.2] REPAIR. JUST AS WAS THE CASE IN THE

00:01:51.8] HILLCREST SITUATION, THE ALLEY OF MORRIS ROAD IS L-SHAPED AND

00:01:57.5] IS THE ONLY WAY RESIDENTS CHEMPARK OR PUT OUT THEIR TRASH.

00:02:03.0] THE SLIGHT DIP -- DUE TO THE SLIGHT DIFFERENCES IN THE

00:02:06.8] CIRCUMSTANCES SURROUNDING THE HILLCREST ALLEY AND MORRIS ROAD

00:02:08.7] ALLEY, THESE AMENDMENTS IN BILL 26-770 ARE NECESSARY TO PROVIDE

00:02:17.8] THE EXECUTIVE WITH SUFFICIENT AUTHORITY ON A PERMANENT BASIS

00:02:21.7] TO ADDRESS THE MORRIS ROAD ALLEY SITUATION AND OTHERS LIKE IT.

00:02:25.2] I WAS READING FROM THE HEARING NOTICE AND I WILL SAY A LITTLE

00:02:28.3] BIT MORE. THIS ISN'T JUST ABOUT PRIVATE

00:02:31.0] DRIVEWAYS. THIS IS ABOUT WHAT APPEARS TO

00:02:33.7] THE PUBLIC TO BE PUBLIC ALLEYS, BUT IN FACT WHEN ONE LOOKS FOR

00:02:39.9] TITLE, IT GOES TO THE SURVEYOR'S OFFICE, THEY ARE NOT DEDICATED

00:02:43.9] AS PUBLIC ALLEYS, THEY HAVE COVENANTS ON THEM.

00:02:48.2] THE COVENANTS PERMIT THAT THESE ALLEYWAYS CAN BE USED BY

00:02:53.8] RESIDENTS WHOSE HOMES ARE SERVED BY THESE ALLEYWAYS.

00:02:59.2] AND THESE ARE SITUATIONS WHERE THE RESIDENTS CANNOT BE SERVED

00:03:03.2] FROM THE PUBLIC STREET. I REFERENCE TO THE WHOLE CREST

00:03:06.4] SITUATION, WHICH WAS OFF OF -- I BELIEVE IT IS HILLCREST DRIVE.

00:03:11.9] HOMES ALONG THIS AREA HAVE VERY,.

00:03:15.3] STEEP FRONT AREAS-VERY, VERY STEEP FRONT AREAS.

00:03:21.4] THE ONLY WAY TO ACCESS THE HOMES IS OFF OF THE ALLEY.

00:03:24.2] IN THE CASE OF HILLCREST, THE ALLEY HAD BEEN DEDICATED BY THE

00:03:26.9] DEVELOPER 60 YEARS AGO. THE DEVELOPER COVENANTED THE

00:03:34.3] ALLEY. THE TAXES WERE STILL OWED AND

00:03:37.9] THE DEVELOPERS WERE NOT PAID IN 30 YEARS.

00:03:40.2] AND THE PROPERTY WENT TO TAX SALE, NONE OF WHICH MADE ANY

00:03:44.7] SENSE, BECAUSE THERE IS A COVENANT ON THAT PARTICULAR

00:03:48.9] ALLEYWAY THAT THE ALLEY HAS TO BE AVAILABLE FOR THE HOMEOWNERS.

00:03:55.2] MORE IMPORTANT, THE ALLEY IS USED BY PUBLIC TRASH TRUCKS, BY

00:03:59.3] CITY TRASH TRUCKS, USED BY CITY EMERGENCY VEHICLES.

00:04:04.8] THE SAME COULD BE SAID FOR THE ALLEY OFF OF MORRIS ROAD, WHERE

00:04:08.8] THERE IS NO PARKING ON MORRIS ROAD AND THE ONLY WAY TO ACCESS

00:04:12.5] THESE HOUSES FOR PURPOSES OF TRASH OR EMERGENCY IS BY THE

00:04:19.3] ALLEY, WHICH, AS I NOTED IN THE HEARING NOTICE, IS BADLY IN NEED

00:04:25.8] OF REPAIR. I BELIEVE IT WAS 20 BY -- TORN U

00:04:30.3] P BY A TRASH TRUCK OVER A YEAR AGO.

00:04:31.9] SO THAT IS WHAT THE BILL IS ABOUT.

00:04:34.2] THE RECORD WILL BE OPEN FOR TWO WEEKS.

00:04:35.8] IT WILL CLOSE AT 5:00 P.M. ON TUESDAY, OCTOBER 27, 2026.

00:04:41.4] I WILL SEE THAT--I WILL SAY THAT I'VE BEEN IN COMMUNICATION WITH

00:04:47.1] THE EXECUTIVE ABOUT THIS LEGISLATION.

00:04:50.6] I'M AWARE OF NO OBJECTIONS. WE HAVE TRIED TO WORK WITH THE

00:04:54.8] EXECUTIVE OFFICE OF THE MAYOR WITH REGARD TO THIS BILL AND THE

00:04:56.4] DRAFTING OF IT. HAVING SAID THAT, THE EXECUTIVE

00:05:01.4] DECLINED TO SEND A WITNESS FOR THIS HEARING, AND ALTHOUGH THE

00:05:06.8] NOTICE OF THIS HEARING WAS PUBLISHED IN THE SEPTEMBER 18

00:05:10.4] D.C. REGISTER, I'M NOT SURE THAT THE RESIDENTS ALONG MORRIS ROAD

00:05:14.7] WERE AWARE OF THIS HEARING. SO WE HAVE NO WITNESSES TODAY,

00:05:17.4] WHICH MEANS THAT I CAN EITHER CONTINUE TALKING FOR ANOTHER

00:05:21.3] HALF-HOUR, OR I CAN ADJOURN THE HEARING AND REMIND FOLKS THAT

00:05:25.2] THE RECORD WILL CLOSE AT 5:00 P.M. ON TUESDAY, OCTOBER 27,

00:05:29.6] 2026. THE COMMITTEE WILL KNOW THAT

00:05:32.6] THERE IS NO OPPOSITION TO THIS LEGISLATION, WHICH MAKES SENSE

00:05:36.2] AND IS A GOOD THING. THE TIME IS 12:27 P.M., AND THIS

00:05:40.9] HEARING IS ADJOURNED.